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HOW TO BUY A HOUSE

 

Law Notes - January 2002

by John Duffy

          With interest rates at record lows, more and more people are considering buying their own home.  While the somewhat complicated process of buying a house scares people, it shouldn't.  Buying a house is like any other transaction: it requires research to educate yourself and make an informed decision.  This column will outline the steps that should be taken if you are considering buying a house.  A home will probably be the biggest investment you ever make.  Therefore, you should consider consulting a professional realtor, lawyer, appraiser, etc., to assist you in the process when you have questions.

          The first step is deciding to buy.  This is largely a personal decision but there are some factors to consider.  First, why do you need a house?  Second, how long do you plan to own this home?  Third, do you have enough cash for a down payment, closing, and moving costs?  Fourth (and maybe most importantly), can you afford a monthly mortgage and still pay your bills?  Consider these questions before beginning the home buying process.

          The next step is getting organized.  Check you credit history and correct any problems, if any.  Second, organize loan documents and financial information that the lender will request.  Third, start looking.  This is by far the most exciting step in the process.  Fourth, investigate your insurance options.  Get quotes and determine how much this will add to your monthly payment.  And last, get pre-approved.  Getting pre-approved will give you an estimate of how much you can borrow and how much house you can afford.  Getting organized now will save scrambling and rushed decisions later.

          After you've gotten pre-approved, start seriously shopping for a home.  The house market fluctuates and is regional.  Know your market.  Remember, as a pre-approved buyer, the ball is in your court.  Also, consider at this time working with a real estate agent.  An agent is like a house-buying counselor who can guide you through the process, for a fee.  Whether you work with an agent or not, draft a list of questions that you will ask each time you look at a house.  This list will reflect your wants and needs and help you decide which house best meets those.

          The next step, after you've found a house that fits your needs, is making an offer.  Again, research is the key.  Find out what the current market conditions are, the prices of comparable homes in the area, the current value of the home, and why the seller is moving.  Make an offer within your ability to pay, include your pre-approval letter, and be clear as to the conditions of your offer.  You will usually be required to pay a deposit with your offer.  The seller may accept your offer, reject it, or respond with a counter offer.

          If your offer is accepted, choose a lender or mortgage broker.  You will have to submit all kinds of records, including tax returns, pay stubs, bank statements, etc.  This is where you'll be glad you organized your financial information before starting the process.  Typically, you must close on the deal within a set time period, often thirty days.  If your affairs are not in order, it will be a stressful month gathering the required information.  Finally, choose a loan.  This topic alone could be a Law Notes column.  In a nutshell, if you don't know what you're doing, seek help.  There are lots of lenders out there, from the local bank to online companies specializing in home loans.

          Now you are ready to close the deal.  The most important point is to set a closing date that works for you.  You should consider tax implications and, if there are any, set the date to benefit you.  Next, estimate your closing costs (lenders must give good-faith estimates of closing costs, ask for an itemized list).  You will also want to schedule a final walk-through to make sure the house is in the condition you agreed upon and all required repairs have been made.  You will meet with the seller and possibly your agent and the deal will be concluded.

          (If you are a first time home buyer, or haven't owned a home for the past three years, consider a South Dakota Housing Development Program loan.  This program will make a house more affordable by lowering the interest rate on your loan.  Visit them online at sdhda.org or call at 773-3181.  For general house buying information and guidance, see homeadvisor.msn.com)

 

 

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