Nolo's Essential Guide To Buying Your First Home - Nolo's Essential Guide to Buying Your First Home Part 17
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Nolo's Essential Guide to Buying Your First Home Part 17

You probably won't get all three of these-you may get none, or only the basic fact sheet or a flyer. How much information a seller is legally legally required to give potential buyers varies from state to state (though they may give more). required to give potential buyers varies from state to state (though they may give more).

Got Homing Pigeons?

Yes, there are still people who keep them, usually to race. There's just one problem-homing pigeons can't be trained to return to a new address! See "Little Wing," in The New Yorker The New Yorker, February 13 and 20, 2006.

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"As-is" on a fact sheet equals red flag. It normally means the seller wants you to buy the house without requesting payment for any repairs, perhaps without even doing a home inspection. Ask what it means to It normally means the seller wants you to buy the house without requesting payment for any repairs, perhaps without even doing a home inspection. Ask what it means to this this seller. seller.

First Questions to Ask

If the house looks promising, you and your agent should ask some basic questions concerning repair needs, utility costs, neighbors, and more. You'll most likely ask these of the seller's agent, but if the seller is there, or is selling without an agent, ask the seller directly.

CD-ROM.

Use the "Questions for Seller Worksheet" in the Homebuyer's Toolkit on the CD-ROM. A sample is shown below. Tailor this worksheet to your interests, for example, adding a question on whether there's hardwood flooring under any carpets. (Also, if you're buying a condo or co-op, the Toolkit contains a separate checklist for you.) A sample is shown below. Tailor this worksheet to your interests, for example, adding a question on whether there's hardwood flooring under any carpets. (Also, if you're buying a condo or co-op, the Toolkit contains a separate checklist for you.)

Do We Have a Match? Using Your Dream List

Even the "right" house probably won't be just as you imagined. Carrying your Dream List (with the first two columns filled out) will help you stay organized and avoid getting distracted-for example, being so impressed with stainless steel appliances that you forget that one bathroom won't be enough. Fill out your Dream List before leaving each house. At the end of a day's househunting, when you can barely remember your own name, it will answer questions like, "Was it the brick house that had the patio?"

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Get organized. Keep a file for each house that seems like a possible match. Include your filled-out Dream List, property fact sheet, and other paperwork. Keep a file for each house that seems like a possible match. Include your filled-out Dream List, property fact sheet, and other paperwork.

Questions for Seller Worksheet Here are some basic questions you and your agent will want to ask about a particular house, in terms of repair needs, utility costs, and neighbors. Add anything else to this list of interest-for example, if you have specific questions about the garden. You'll most likely ask the seller's agent these questions, but if the seller is there, or is selling without an agent, ask the seller directly.1. How long has the house been on the market? _______________________________2. What repairs have been done in the last few years? ____________________________ __________________________________________________________________What are the house's major or most immediate repair needs?

_______________________________________________________________3. Does the seller use a particular repairperson, plumber, electrician, or pest control person? If so, please provide their names: ___________________________________ _______________________.4. How much money does the owner pay for monthly utilities (gas, garbage, electricity, water) and, if applicable, for association fees? $ _______________ $ _______________ $ _______________Are there any other ongoing costs? $ ____________________5. Has the owner had any problems with water or dampness in the basement or any other part of the house?

6. Is there a furnace and a central A/C system, and if so, when was it installed?

7. How are the neighbors? Are there issues regarding fences, trees, or property lines?

Questions for Seller Worksheet, continued NOTES:.

How to evaluate the answers: 1. If it's more than a few weeks (depending on how fast houses are moving in your market), ask whether there's been a price drop and whether any offers have fallen through and why. Maybe it's overpriced and ripe for you to make a lower bid on. 1. If it's more than a few weeks (depending on how fast houses are moving in your market), ask whether there's been a price drop and whether any offers have fallen through and why. Maybe it's overpriced and ripe for you to make a lower bid on.2. Some of these repair problems may be stated in the pest or other inspection report, but it's helpful to have the agent summarize them for you. Don't hesitate to be direct and ask things like "Have there been any roof leaks?"3. Any use of repairpeople can reveal repair issues the seller didn't mention when answering Question #2. The information will also be useful if and when you move in!4. If you're stretching just to buy the house, make sure it doesn't come with unusually high ongoing costs.5. The basement and attic are likely suspects here. Moisture problems are hard to repair and hard to insure.6. Installing a new furnace or A/C can be another major expense-and one that's important to deal with soon, for the sake of your personal comfort.7. Difficult neighbors can't be repaired. Specifically ask about their level of noise; cooperation regarding fence, tree, or parking issues; and any behavioral problems or oddities.

All the World's Been Staged: Looking Past the Glitter

In the old days, you'd see houses for sale pretty much as the sellers lived in them-with their furniture, dishes, and clutter. But the real estate industry has learned that by emptying out and then gussying up a place, with rented antique furniture, flowers, curtains, and more, buyers will be wowed into paying more-often tens of thousands more-for a home.

The resulting makeover job goes by the trade name "staging." And it's your job to look past it, to see whether the house has good bones or is just wearing a lot of cosmetics and concealer. To avoid being hypnotized: * Figure out whether each room has all the furniture it needs. Figure out whether each room has all the furniture it needs. Stagers usually remove most of the owner's furniture and then bring in a select few pieces-some smaller than normal. As you look at a bedroom, for example, picture it with your queen-sized bed, nightstands, and bureau, not the twin bed and delicate side table. Stagers usually remove most of the owner's furniture and then bring in a select few pieces-some smaller than normal. As you look at a bedroom, for example, picture it with your queen-sized bed, nightstands, and bureau, not the twin bed and delicate side table.* Notice where flowers and knickknacks have replaced functional objects. Notice where flowers and knickknacks have replaced functional objects. In a normal laundry room, you'd expect to find detergent, laundry baskets, and a drying rack. Not in a staged house-you're more likely to see a wicker basket filled with fluffy, lavender-scented towels. In a normal laundry room, you'd expect to find detergent, laundry baskets, and a drying rack. Not in a staged house-you're more likely to see a wicker basket filled with fluffy, lavender-scented towels.* Observe what your eyes are being led toward-and therefore away from. Observe what your eyes are being led toward-and therefore away from. If the entry hallway is small and dark, you can bet you'll see a glorious display of flowers on a nearby table. If the entry hallway is small and dark, you can bet you'll see a glorious display of flowers on a nearby table.* See whether your stuff will fit into the closets and cabinets. See whether your stuff will fit into the closets and cabinets. With the owners having moved out their clutter, you might not immediately notice that there's no hall closet, linen closet, medicine cabinet, basement, or attic. With the owners having moved out their clutter, you might not immediately notice that there's no hall closet, linen closet, medicine cabinet, basement, or attic.* Figure out what style the house is without the staging. Figure out what style the house is without the staging. Stagers can make a ranch house look like a Victorian, or a 1950s drab home look like an Arts and Crafts bungalow. Stagers can make a ranch house look like a Victorian, or a 1950s drab home look like an Arts and Crafts bungalow.* Turn on all the lights, including table lamps. Turn on all the lights, including table lamps. Stagers often set lamps next to beds or couches, even though there's no electrical outlet. A lack of outlets is a common defect in older homes. Also, check that kitchen and laundry appliances actually have a source of power and other connections needed for operation. Stagers often set lamps next to beds or couches, even though there's no electrical outlet. A lack of outlets is a common defect in older homes. Also, check that kitchen and laundry appliances actually have a source of power and other connections needed for operation.* And smell that apple pie. And smell that apple pie. If the house smells dreamy or the music sounds divine-well, someone made it that way. And they don't come with the house. If the house smells dreamy or the music sounds divine-well, someone made it that way. And they don't come with the house.

Staging isn't all trickery-if it's well done, you might pick up some ideas for how you'd do up the place yourself. Just don't pay more than the house is worth simply because it looked gorgeous after the staging job.

Recent Remodels: What to Watch Out For

If you can afford a house that someone else has fixed up, great-you can save a lot of effort and ongoing maintenance. But not all sellers have good motives, judgment, or taste. In particular, watch out for houses where the seller has: * Never lived there, but fixed it up to make a profit. Never lived there, but fixed it up to make a profit. This is called "flipping." Unfortunately, since the seller had no personal stake in the house, you can't count on good materials or workmanship. If you get as far as making an offer, you'll of course hire an inspector. But before things get that serious, save yourself a heap of trouble by making sure the necessary permits were issued and getting an independent appraisal before relying on appraisal reports the seller shows you. Fraud cases involving flipping are surprisingly common, where the appraiser is in cahoots with a seller and overvalues the house based on superficial or low-quality improvements. This is called "flipping." Unfortunately, since the seller had no personal stake in the house, you can't count on good materials or workmanship. If you get as far as making an offer, you'll of course hire an inspector. But before things get that serious, save yourself a heap of trouble by making sure the necessary permits were issued and getting an independent appraisal before relying on appraisal reports the seller shows you. Fraud cases involving flipping are surprisingly common, where the appraiser is in cahoots with a seller and overvalues the house based on superficial or low-quality improvements.Donkey: Whoa. Look at that. Who'd wanna live in a place like that? Whoa. Look at that. Who'd wanna live in a place like that?Shrek: That would be my home. That would be my home.Donkey: Oh and it is LOVELY. You know, you're really quite a decorator. It's amazing what you've done with such a modest budget. I like that boulder. That is a NICE boulder. Oh and it is LOVELY. You know, you're really quite a decorator. It's amazing what you've done with such a modest budget. I like that boulder. That is a NICE boulder.From the movie Shrek Shrek, 2001.

* Made fix-ups to suit unique tastes. Made fix-ups to suit unique tastes. Overcustomizing can be detrimental to a house's value, like if the seller was a sports fan who did the whole house in team colors. If you and the seller are kindred spirits, great-but good luck finding the next buyer. Overcustomizing can be detrimental to a house's value, like if the seller was a sports fan who did the whole house in team colors. If you and the seller are kindred spirits, great-but good luck finding the next buyer.* Overimproved the house. Overimproved the house. A property can actually be made so fabulous that it's no longer comparable to surrounding homes. Unfortunately, surrounding homes set the standard for home values in that area. You might enjoy the house while you live there, but be prepared for slow rises in value and difficulty reselling. A property can actually be made so fabulous that it's no longer comparable to surrounding homes. Unfortunately, surrounding homes set the standard for home values in that area. You might enjoy the house while you live there, but be prepared for slow rises in value and difficulty reselling.

Feng Shui Tips The Chinese practice of feng shui is based on a simple truth: Your exterior and interior surroundings can influence your life. Even if you don't believe it, a house with good feng shui may appeal to later buyers. According to feng shui consultant and author Kartar Diamond (www.fengshuisolutions.net), "Every house has what I call an energetic blueprint. This can either enhance or undermine your health, well-being, and career." Though some feng shui issues can be fixed, Diamond recommends homebuyers avoid the following problems:Exteriors * lots of cracks in the outdoor pavement * lots of cracks in the outdoor pavement* a triangular-shaped lot or one that narrows in the back* a corner house on a busy street* a house at the bottom of a cul-de-sac or below street level* trees that appear to be leaning away from the property (like they're trying to escape!)* a house within view of a cemetery, church, hospital, fire station, ugly eyesore, or place that makes a lot of noise, like an auto repair shop or bar.

Interiors * chronically dark rooms or tight, congestive spaces * chronically dark rooms or tight, congestive spaces* uneven floors* big exposed beams in the bedrooms* front door aligned directly with back door or window* toilet or kitchen in center of house* stairs right behind entrance door.

Walk the Walk: Layout and Floorplan

The physical layout of a house can make a huge difference in whether you're comfortable living there. When visiting a house, imagine going through your daily activities. For example, "I'm opening the refrigerator-it bumps the oven door, and I'll have to chop vegetables on this tiny countertop across from the sink."

Not buy the house with the weirdly placed bathroom. Kurt, an avid gardener, was close to bidding on a two-bedroom Victorian. He says, "It was on a corner, with a lot of garden space around it. I was already visualizing planting roses. The problem was, the one and only bathroom was stuck right between one bedroom and the kitchen. It just had a door on each side. Imagine being a guest and having to worry about locking both doors! I'm hugely relieved I held off." Kurt, an avid gardener, was close to bidding on a two-bedroom Victorian. He says, "It was on a corner, with a lot of garden space around it. I was already visualizing planting roses. The problem was, the one and only bathroom was stuck right between one bedroom and the kitchen. It just had a door on each side. Imagine being a guest and having to worry about locking both doors! I'm hugely relieved I held off."

What Do They Know? Reviewing Seller Disclosure Reports

One of the most important pieces of paper in this process is the disclosure report, which most-but not all-states require sellers to give prospective buyers. (Exceptions are sometimes made for certain properties, such as those in probate.) Most state-required disclosures are made using a standard form, upon which the seller will check off features of the property and rate or describe their condition. If the house hasn't yet been built, the developer obviously won't have much to disclose-but may still need to tell you about things like the type of soil; previous uses of the property; possible future uses of surrounding land; and the developer's intentions regarding existing trees, streams, and natural areas.

What you read may affect your decision whether to make an offer. To find out more about a topic mentioned in the form, ask for it in writing. And if you receive the disclosure form after after making an offer, you can cancel the sale if you don't like what you read. Even after the sale has closed, if a problem pops up that you believe the seller knew about and didn't disclose, you can sue the seller on that basis. making an offer, you can cancel the sale if you don't like what you read. Even after the sale has closed, if a problem pops up that you believe the seller knew about and didn't disclose, you can sue the seller on that basis.

Exactly when when you're given the seller's disclosures varies by state. In a few states, such as Alaska, Kentucky, and New Hampshire, sellers must give you disclosures before you've made an offer. But most states don't require the seller to do this until you're given the seller's disclosures varies by state. In a few states, such as Alaska, Kentucky, and New Hampshire, sellers must give you disclosures before you've made an offer. But most states don't require the seller to do this until after after you've made an offer, often just before the two of you sign the purchase agreement. you've made an offer, often just before the two of you sign the purchase agreement.

What's in a Typical Disclosure Report

The typical disclosure form is a few pages long and describes features like appliances; the roof, foundation, and other structural components; electrical, water, sewer, heating, and other mechanical systems; trees, natural hazards (earthquakes, flooding, hurricanes); environmental hazards (lead, asbestos, mold, radon); and zoning.

Some disclosure forms also cover legal issues, such as ownership problems, legal disputes concerning the property, past meth lab usage, or community association fees. Strange but true, the forms might also require information about suicides, murders, and other deaths on the property; nearby criminal activity; or other factors, such as excessive neighborhood noise.

CD-ROM.

See the sample disclosure forms in the Homebuyer's Toolkit on the CD-ROM. They're from Indiana and California, representing a range between short and long versions of the form. (California's disclosure laws are among the most demanding in the country and require sellers to also fill out a Natural Hazard Disclosure Statement, also included.) A sample from the California dislosure form is shown below. They're from Indiana and California, representing a range between short and long versions of the form. (California's disclosure laws are among the most demanding in the country and require sellers to also fill out a Natural Hazard Disclosure Statement, also included.) A sample from the California dislosure form is shown below.

California Real Estate Transfer Disclosure Statement

Understanding Your State's Disclosure Requirements

Disclosure requirements vary among states, and some sellers try to wiggle out of the requirement altogether. Your agent should make sure the seller complies with the law-but the question will remain, how much did the law require the seller to tell you about in the first place? If the standard form doesn't mention past flooding, the seller doesn't have to, either (but shouldn't lie if asked). You might want to read your state's law, or at least the form, to look for holes.

As of this printing, the majority of states require sellers to either fill out a disclosure form or disclose material facts about the property.

But even in nondisclosure states, buyers can negotiate to make seller disclosures a part of their purchase-or may get them without asking. Law or no law, your state Realtor's association has probably created a standard disclosure form for sellers to use. In Massachusetts, adviser Nancy Atwood says, "Our MLS listings tell us whether the seller is providing a disclosure form. Most sellers know that if they don't, the buyers will think they've got something to hide." Beyond these possibilities, "It's buyer beware," says New York attorney Richard Leshnower.

To find your state's law, talk to your real estate agent or state regulatory agency. You can find yours at www.arello.com/RegAgency.cfm. Or you can search online for "real estate disclosure," "disclosure form," or "disclosure statement" and the name of your state.

And the Prize Goes to Arizona ... for the most interesting creatures listed on its seller's disclosure statement. The form asks sellers whether they've seen any scorpions, rabid animals, bee swarms, rodents, owls, or reptiles on their property.

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Buying a house built pre-1978? By federal law, the seller should, before you buy, give you a form disclosing whether there might be lead-based paint in the home and a pamphlet called "Protect Your Family From Lead in Your Home." For more on lead hazards, see the National Lead Info Clearinghouse at By federal law, the seller should, before you buy, give you a form disclosing whether there might be lead-based paint in the home and a pamphlet called "Protect Your Family From Lead in Your Home." For more on lead hazards, see the National Lead Info Clearinghouse at www.epa.gov/lead/pubs/nlic.htm.

Penalties for Failing to Disclose

Most states put some teeth into their disclosure laws, by allowing buyers to cancel the sale if the seller doesn't provide the disclosure form or doesn't fill it out completely and honestly. Some states also charge monetary penalties to sellers who violate the law, or punish sellers' real estate agents for failing to disclose problems that they observed or were told of by the sellers.

Can You Trust the Disclosures?

Now comes the question of how much to believe of what the seller discloses. There's no nice way to put it: Sellers are just people, and some of them lie. Even some upright citizens lie, after rationalizations like, "The basement hasn't flooded in years (never mind the drought)."

Will They Tell You If Its Haunted?