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GUIDE TO GREENWICH REAL ESTATE PRACTICES |
The sales of real estate
in Greenwich is likely to be different from the practices in other
parts of the country. Even in Fairfield County, real estate practices
differ from town to town. For instance, in Greenwich,
binders
are not used and all real estate contracts are drawn by attorneys.
Unlike places like New York City, all Realtors list their properties
for sale on the Greenwich
MLS, therefore every property for sale (exclusive or not) can
be shown by any Realtor. One final, but very important example, is
Agency.
Connecticut Law requires Buyers to be represented by a real
estate agent and to sign a
Representation
Agreement, just as Sellers are represented
by their real estate agent and sign a
Listing Agreement.
This practice of Buyer Representation is usually called Buyer Agency
or Buyer Brokerage.
1. Choose Your Realtor
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Choose your
Realtor based on who you like and trust and who understands your
needs. Before your first meeting:
-
at this point,
call the Realtor to set up an appointment.
2. Schedule An Appointment
3. Learn About Buyer
Agency
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Connecticut Law requires Buyers to be represented when they are
shown homes not listed by the brokerage where the Realtor works.
-
To be represented, the
Buyer must sign an
Buyer Agency Agreement (sometimes called a Buyer Broker
Agreement).
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If the Buyer is shown
a home listed by the brokerage, they may choose whether to be represented.
If they decline, they must sign an
Agency Disclosure Form indicating they did not want to be
represented.
4. Sign A Buyer Agency
Agreement
5. Bidding On A Home
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Once you have found a
home you wish to bid on, your Buyer-Agent will:
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check the property’s
history;
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discuss strategy;
-
do a CMA(Comparative
Market Analysis), if it appears to be needed;
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negotiate exclusively in
your interest.
-
Once you have an
agreement on price, terms, contingencies (including the mortgage amount
needed by the Buyer) and closing date, your Buyer-Agent will prepare a
written offer.
-
Offers and
counter-offers are normally submitted orally and not in written form,
until agreement has been reached.
-
The written offer,
even though signed by the Buyer, is non-binding, does not include a
check (Binder) and simply represents a good faith agreement between the
Buyer and the Seller.
6. Contracts
-
While the contract is
being drawn, the Buyer’s Agent will provide the Buyer with recommended
inspection services and will schedule the inspections for the Buyer.
-
Inspections usually
consist of a physical inspection of the home (including termite) and its
systems. After which the inspector will provide the Buyer with a written
report.
-
During the
inspection it is important for the Buyer to accompany the inspector.
This is an excellent opportunity to really understand the house.
Additionally, listening to the inspector you will learn more detail than
can normally be put in a report.
-
A
Radon canister will be left in the basement and/or first floor.
The canister should be left in place for several days, before being
picked up and analyzed.
-
Inspections can
normally be cleared in one week.
-
When the Buyer’s
attorney receives the contract, he/she will:
-
review the contract to
be sure it is in the proper name(s) (Single Name,
Joint Tenants
or Tenants in Common) and contains all terms agreed upon;
-
review any terms
requested by the Seller which are not in the standard contract normally
used by the real estate attorneys;
-
arrange
title
search and title insurance;
-
arrange a property
survey, if warranted.
7. Pre-Closing
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Pre-Closing Inspection
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Several hours before
the closing the Buyer, their Buyer-Agent and sometimes the Seller’s Agent
will “walk through” the house.
-
The Buyer will want to
try every faucet, toilet, air conditioner and anything else they can think
of. The house should be in the same working order as it was during their
building inspection.
-
The property should
also be essentially unchanged. If a large tree has fallen or something
material has changed, the Buyer and their Agent should immediately call
the Buyer’s attorney and Sellers’s Agent and request compensation for the
problem at the closing.
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The home needs to be
“Broom Clean” and all personal property needs to be removed.
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One thing important to
the Buyer is to make sure that all of the
fixtures not specifically
excluded are still in the house.
8. Closing
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Once the mortgage
contingency is cleared, the sale can be closed at any time the parties
agree.
-
Closings used to be
in the Bank holding the mortgage. Outside of Greenwich, it may be held
in the title insurance company’s office. In Greenwich, normally the
closing is in the Seller’s Attorney’s office, but can be in either
Attorney’s office.
-
It is increasingly
less common for the Seller, their Agent or the Mortgage company to
attend the closing. Papers can easily be signed in advance and held in
escrow by the Seller’s attorney.
-
The Buyer’s attorney
will review the papers, explain any clauses to the Buyer and review the
HUD-1 Settlement Statement
which the Buyer’s attorney had
previously provided to the Buyer. See
Closing Costs
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The Buyer provides
personal checks for expenses and adjustments.
-
The Buyer, and/or
their mortgage company, gives the Seller’s attorney a certified check
for the remaining 90% of the purchase price. The Seller’s attorney
deposits it into their escrow account and uses the funds to pay off any
Seller expenses including their mortgage.
-
Seller’s attorney
will deliver to Buyer’s Attorney, a clean title (deed), free of any
encumbrances (mortgage or liens) and will provide Buyer with keys to the
house and any garage door openers.
-
The type of deed (warranty or quitclaim) does
not matter, what is important is the substance of the deed.
9. Post Closing
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Buyer’s attorney will
immediately record the sale (deed and mortgage) in the Town of Greenwich’s
land records
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Buyer changes locks
and alarm codes for the house.
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Buyer starts delivery
of newspapers.
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Buyer forwards mail to
their new address.
1. Choose Your Realtor
2. Schedule a first
meeting to get acquainted.
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Prepare for
the meeting by downloading and reviewing forms which you will need
to complete or sign from the Library section of
GreenwichLiving.com.
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Some people
interview many Realtors to see who will suggest the best price. This
is counter productive.
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The Realtors
you reject will be less interested in showing your home.
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If you choose
the person suggesting the highest price, you are just fooling
yourself. You are likely to be choosing someone who either does
not know the market or someone who is being disingenuous. It is
unlikely that anyone can make a buyer (represented by their own
Buyer-Agent) pay more for a home than it is worth.
3. CMA
4. Listing
In addition the listing
agreement, you will need to sign one or more of the following:
As part of your
marketing plan, you and your Realtor will decide how your house should be
shown. These options are presented in the order most likely to bring you the
most Buyers:
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key Box;
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Key at Realtor’s
Office;
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broker accompany.
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Staging Review
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Buyers often have very
limited vision. Most Buyers are looking for homes that can be moved into
with little effort on their part. They buy on emotion, followed by logic
so the first impression is key.
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Now is the time, with
the help of your Realtor, to create a list of improvements that will
capture the Buyer’s eye and be worth the investment.
5. Learn About Buyer Agency
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In 1996 Connecticut
enacted
Buyer Agency into law. As a result, Realtors seeing your home will
be representing their Buyer and not you. Anything they learn which might
be of interest to their Buyer-Client, they are bound to disclose to them.
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This means you need
to be careful what you say to anyone other than your own Realtor. It is
amazing how quickly information about why you want to sell, the price
you are expecting and other personal information can circulate.
6. Offers
As you receive offers
you and your Realtor will discuss their merits and develop a negotiation
strategy. The strength of an offer often depends upon their mortgage status
- shown below in order of strength:
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Once you and the Buyer
have reached agreement on price, terms, contingencies (including the
mortgage amount needed by the Buyer) and closing date, the Buyer’s agent
will prepare a
written offer.
-
Offers and
counter-offers are normally submitted orally and not in written form,
until agreement has been reached.
-
The written offer,
even though signed by the Buyer, is non-binding, does not include a
binder and simply represents a good faith agreement between the
Buyer and the Seller.
7. Contracts
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The Seller’s attorney
uses the written offer to draw up a contract and submits the contract to
the Buyer’s attorney.
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While the contract is
being drawn, the Buyer’s Agent will schedule the inspections for the
Buyer. The Buyer pays for these inspections. The inspections should be
scheduled within one or two days of agreement.
-
Inspections usually
consist of a physical inspection of the home (including termite) and its
systems. After which the inspector will provide the Buyer with a written
report.
-
If there is an
abandoned,
buried oil tank, the Buyer may require it to be tested or even dug
up. It is wise to address this issue before you have to answer questions
from a Buyer.
-
A
Radon canister will normally be left in the basement and/or first
floor. The canister should be left in place for several days, before being
analyzed.
-
Inspections should
normally be cleared in one week.
-
When the Buyer’s
attorney receives the contract, he/she will:
-
review the contract to
be sure it is in the proper name(s), form of ownership and contains all
terms agreed upon;
-
review any terms
requested by the Seller which are not in the standard contract normally
used by the real estate attorneys;
-
arrange title search
and title insurance;
-
arrange a property
survey, if warranted.
-
The contract will
normally provide for:
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all inspection
contingencies to be cleared before it is signed;
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what is included or
excluded from the sale;
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a 10% deposit to be
sent with the contract signed by the buyer. (It has become custom for this
deposit to be held in escrow by the Seller’s attorney);
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a date when any
mortgage contingency is to be cleared (usually three to four weeks);
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a closing date when
the title of the property will be transferred and the other 90% of the
purchase price will be paid.
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Once the Seller has
signed the contract and returned a copy to the Buyer’s attorney, the
Seller is committed and the Buyer is committed if they are able to obtain
a mortgage.
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Once the contact is
signed, your Realtor may, if needed, provide comparable property
information to the appraiser for the mortgage company to justify the
price.
8. Pre-Closing
9. Closing
-
Once the mortgage
contingency is cleared, the sale can be closed at any time the parties
agree.
-
Closings used to be
in the Bank holding the mortgage. Outside of Greenwich, it may be held
in the title insurance company’s office. In Greenwich, normally the
closing is in Seller’s Attorney’s office, but can be in either
Attorney’s office.
-
It is increasingly
less common for the Seller, their Agent or the mortgage company to
attend the closing. Papers can easily be signed in advance and held in
escrow by the Seller’s attorney.
-
The Buyer will write
personal checks for the Buyer’s share of adjustments.
-
The Buyer, and/or
their mortgage company, gives the Seller’s attorney a certified check
for the remaining 90% of the purchase price. The Seller’s attorney
deposits it into their escrow account and uses the funds to pay off any
Seller expenses including their mortgage company.
-
Seller’s attorney
will deliver to Buyer’s Attorney, a clean title, free of any
encumbrances (mortgage or liens) and will provide Buyer with keys to the
house and garage door openers.
10. Post Closing
The Seller should make
sure:
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their homeowner’s
policy has been cancelled;
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utilities terminated
or transferred to their new residence;
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newspapers cancelled
or transferred;
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mail forwarded to
their new address.
1. Closing Statement
(often called Settlement Costs)
A closing statement is a
document that summarizes all funds received by the Buyer and the Seller at
closing and all funds paid by the Buyer and the Seller for various expenses
of the transaction. For all closings involving federally insured loans, the
Real Estate Settlement Procedures Act (RESPA)
requires that this information be reported on a form
from the Federal Department of Housing and Urban Development (HUD) call a
HUD-1 form. This form will be provided by your Lender or Attorney.
RESPA also requires your lender or mortgage broker give you a
Good Faith Estimate of Settlement Charges when you apply for a loan.
2. Buyer Closing Costs
Typically, in addition
to the remainder of the purchase price, the Buyer pays for a portion of the
property taxes, the cost of all inspections (usually paid before the
closing) and all costs associated with the loan (appraisal fee, lender fees,
fees to establish an escrow balance for homeowner’s insurance, taxes and
pre-paid interest), title search, title insurance, recording fees and their
attorney’s fee.
3. Seller Closing Costs
Typically the Seller
pays the balance due on any outstanding mortgage loan, the Seller’s portion
of the property taxes, commissions to real estate agents (normally one check
is cut for the agent representing the Seller and one for the agent
representing the Buyer), their attorney’s fees for the deed and drawing the
contracts and conveyance taxes.
4. Prorating Expenses
Certain items such as
real estate taxes, some utility bills (including oil still in a tank
actively used for heating) are prorated at closing. Prorating occurs when
each party is responsible for a portion of an expense. For example, property
taxes are assessed in advance as of January 1 and July 1. If the closing
date is between these dates, the Buyer will be responsible for the remainder
of the taxes until the next tax payment. There can also be prorations for
some municipal improvements to the property such as sidewalks, sewer lines
or street repair as well as association expenses or common interest charges
at coops or condominiums.
5. Conveyance Taxes
This tax is paid by the Seller
to the State and to Greenwich.
The State Tax has two parts:
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½ percent up to $800,000
in sales price, and;
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1 percent above
$800,000 (nicknamed the mansion or Fairfield county tax)
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The Greenwich
Municipal Tax
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0.11% (just over a
1/10 of a percent or about $1 per thousand)
TYPICAL CLOSING COST EXAMPLE
The following example is
based on closing costs for a $1,300,000 house with an $800,000, 30-year
first mortgage at 7% interest with a fixed monthly payment of $5,322.42
(interest and amortization). Real Estate Taxes are estimated at $5,650 per
year and insurance costs are estimated to be $2,400 per year.
This example assumes
that inspections have been completed and have already been paid by the Buyer.
These fees are grouped into POC (Paid Outside of Closing) on the HUD-1
Settlement Statement. Building inspections including radon and termite
average $400-600, homes with septic or well could be more. Lead paint
inspections run approximately $300.
This example assumes
that contracts have been signed and that a 10% down payment ($130,000) has
been given to the Seller with the signed contract. Because the Buyer is
paying more than 20% in cash, mortgage insurance would not normally be
required.
The example does not
address adjustments (prorated expenses).
Not all expenses in the
example will actually be assessed, for instance: the loan fee or the survey
fee or the escrows. Expenses and Fees to some extent depend upon your credit
rating and bargaining power.
|
Expense Item |
Buyer |
Seller |
|
Appraisal Fee |
$325 |
|
|
Credit Report Fee |
$50 |
|
|
Flood Certification |
$20 |
|
|
Prepaid Interest (30 days) |
$4,667 |
|
|
Loan Origination Fee (1 point) |
$8,000 |
|
|
Underwriting Review |
$175 |
|
|
Survey Fee |
600 |
|
|
Home Owner Insurance Escrow (2
months) |
$400 |
|
|
Real Estate Tax Escrow (6 months) |
$2,852 |
|
|
Document Preparation Fee |
$250 |
|
|
Attorney’s Fee |
$2,000 |
$2,000 |
|
Lender’s Attorney’s Fee |
$400 |
|
|
Recording Fee |
$70 |
|
|
Conveyance Taxes (Greenwich &
State) |
|
$9,880 |
|
Real Estate Tax Service Fee |
$90 |
|
|
Title Search |
$150 |
|
|
Title Insurance |
$3,650 |
|
|
Real Estate Commissions (5%) |
|
$65,000 |
|
Remainder of down payment before
Mortgage |
$370,000 |
|
|