Buying a Home

By Claudette Millette

Broker, Owner, The Buyers’ Counsel

 

Http://www.TheBuyersCounsel.com       

Revised 2008

  

 Copyright© 2004 by Claudette Millette.  All rights reserved.  This book may not be reprinted or distributed in electronic, print, web, or other format without express written permission. 

 

          Table of Contents

Chapter 1. Tax Savings for Home Buyers 5

First Time Home Buyers Tax Credit.. 5

The Mortgage Interest Deduction.. 6

Real Estate Taxes. 8

Home Office.. 10

Home Improvements. 12

Additional Home Equity Loans. 13

Points. 14

The Capital Gains Exclusion.. 15

Chapter 2. How Much Home Can You Afford? 17

Qualifying For a Loan.. 17

Mortgage Underwriting Guidelines. 18

Checking Your Credit.. 23

What is a FICO Score?. 24

Getting Pre-Approved.. 26

Items Necessary for a Home Loan Application.. 29

Conventional Loan Programs. 30

Fixed-Rate Mortgages. 30

Fixed-Rate Interest Only Loans. 31

Adjustable-Rate Mortgages (ARMS). 32

Understanding Closing Costs. 36

Private Mortgage Insurance (PMI). 40

What Does PMI Cost?. 40

Avoiding PMI. 40

Chapter 3. Real Estate Agents 42

Why Do I Need an Agent?. 42

What Should You Look for In a Broker?. 43

Realtor Agency Disclosure.. 45

Chapter 4. Looking at Properties 50

Architectural Styles. 50

Cape.. 51

New England Colonial.. 52

Gambrel.. 53

Garrison Colonial.. 54

Saltbox Colonial.. 55

Dutch Colonial.. 56

Tudor.. 57

Contemporary.. 58

Ranch... 59

Split Level.. 60

Chapter 5. Exterior Details 61

The Roof.. 61

Water Drainage.. 63

Windows. 64

Siding and Shingles. 65

Evaluating the Neighborhood.. 69

Chapter 6.  Interior Details 72

 Bedrooms. 72

The Kitchen.. 73

Appliances. 74

Kitchen Counter Surfaces. 75

The Laundry Room... 79

Bathrooms. 80

Living Room... 81

Family Room... 82

The All-Important Basement.. 83

Electric Service Panel.. 85

Chapter 7 87

Property Disclosure 87

Real Estate Disclosure Laws. 87

Chapter 93A – The Consumer Protection Act.. 89

Amendment to Chapter 93A.. 92

Chapter 8.  Focusing in On a Specific Property 93

Property Valuations. 93

Making an Offer.. 94

What is included with the property?. 96

Chapter 9.  The Home Inspection. 97

A Basic Inspection.. 98

Termites. 99

Carpenter Ants. 100

Radon.. 100

Lead Paint.. 102

UFFI (Urea Formaldehyde Foam Insulation). 104

Water Tests. 104

Public Water.. 104

Private Well.. 105

After the Home Inspection.. 107

Gauging the Seriousness of Inspection Issues. 107

Put it in Writing.. 108

Chapter 10.  Additional Property Issues 110

Private Septic Systems. 110

What is Title V?. 110

Title V and Older Homes. 110

When Can the Closing Take Place?. 111

Pressure-Treated Wood.. 112

Underground Heating Oil Tanks. 113

Asbestos. 114

Carbon Monoxide.. 115

Electromagnetic Fields. 116

Wetlands. 117

Easements. 118

Encroachments. 118

Smoke Detectors. 119

Chapter 11. Following Up With Your Lender 120

The Bank Appraisal.. 120

Loan Commitment.. 121

Chapter 12. The Purchase and Sale Agreement 122

What Will an Attorney Do For You?. 122

Chapter 13. Title Issues 124

Obtaining Clear Title.. 124

Title Insurance.. 124

Chapter 14. Homeowner's Insurance 126

Property Structure Coverage.. 126

Personal Belongings. 127

Liability Coverage.. 128

Additional Coverage.. 128

Chapter 15. Final Property Walk-Through. 129

What Condition Should the Property Be In?. 129

What is the Remedy for an Unsuccessful Walk-through?. 131

Chapter 16. Your Closing 132

Forms of Taking Title.. 132

Fee Simple or Sole Ownership.. 132

Tenants in Common.. 133

Joint Tenants with Right of Survivorship.. 133

Tenancy by the Entirety. 134

Filing a Declaration of Homestead.. 135

Closing Costs and Remaining Down Payment.. 136

Seller Reimbursements. 136

 

 

 


 

Chapter 1. Tax Savings for Home Buyers

 

 

Welcome to Your New Shelter

There are many reasons to buy a home rather than rent one.  Owning your own home improves your lifestyle, provides you with pride of ownership and starts you on a path to real wealth building.  Because of the stabling effect property ownership has on its citizens, the  government has a vested interest in making sure that most Americans have the opportunity to become home owners.  It is to this end that they have made home ownership one of the best tax shelters available.  From the time of its purchase to the time of its sale, your home can provide you with substantial savings on your tax bill.

 

The New

First Time Home Buyers Tax Credit

If you are a first time home buyer (defined by the IRS) and have an income of less than $75,000 single/$150,000 jointly, and you purchased a home between April 9, 2008 and July 1, 2009 you are eligible for the Federal Housing Tax Credit for First Time Home Buyers. 

This is actually an interest free loan equal to 10%of the purchase price of your home up to $7,500 for married couples and $3,750 for singles.   Two years after you claim the credit you must start to pay it back.  The payback period is 15 years in 15 equal installments or $500 on your tax return each year.  When you sell your home, you must pay the remainder that year from your profits.  If there are no profits, you do not have to pay back the remaining balance of the loan. 

 

The Mortgage Interest Deduction

In the early years of your mortgage loan, most of the monthly payment will be going to the payment of interest.  Regardless of where you have gotten your loan, your lender will send you a Form 1098, Mortgage Interest Statement at the end of each year.  It will usually be sent to you in January.  This form will list all of the interest you have paid on your home loan for the previous year.

You are allowed to deduct interest on loans that are secured by either your primary residence or a second home up to a loan amount of $1,000,000.  If a loan is not secured by your home, it is considered a personal loan and its interest would not be deductible.  The IRS considers a home to be a house, condominium, mobile home, boat, recreational vehicle or a similar property as long it has sleeping, cooking and bathroom facilities.  The deduction is limited to first and second homes. 

You can qualify for the interest deduction on your second home even if you rent it out for most of the year.  The rule for qualifying is that you must occupy the home for at least 14 days out of the year.     

As a new home owner be sure to hold onto the HUD-1 Form that was given to you at your closing since it is possible in the first year your 1098 may not be adequate to give you the entire interest amount.  Let’s say you have closed on your home in the middle of July.  That usually means your first mortgage payment will not be due until September 1.  This payment will include an interest payment for August.  Many lenders, however, will charge you interest from the middle of July to the beginning of August and you will need a record of this amount when you file your taxes.  You can use your Hud-1 statement to provide you with a record of the additional interest payment for your first partial month of home ownership.

Prior to becoming a home owner, you were only able to take the standard deduction when filing your taxes.  Currently, the deduction is $5,350 for single taxpayers and $10,700 for married couples filing a joint return.    

With home ownership, you can decide which will give you the largest tax deduction, the standard deduction or your total amount of interest payments for the year.  If you find that the standard deduction will give you more of a write-off you may decide to stay with it.  If the situation changes and the interest deduction is more, you may later use the interest deduction.  You can alternate between the two options every year or itemize for a few years and then return to the standard.  The key is to make sure that you choose the method that will give you the most tax savings for each year.

In order to claim the interest deduction, you will need to itemize and file a Schedule A, Form 1040 which will allow you to take deductions such as medical expenses, real estate taxes and charitable contributions as well as the mortgage interest deduction.


 

Real Estate Taxes

Along with your mortgage payment, you will also be paying property taxes which go to your town.  The town uses this revenue to fund its schools, pay for police and fire protection, to maintain roads and to fund other services that are needed by its residents.

Real estate taxes are based on two factors:  1) property assessments, and 2) property tax rates. 

A property’s assessment is based on its market value or how much it would sell for under normal circumstances.  The assessor estimates the market value of a property based on the sales prices of similar properties.    Comparable sales are used as well as the appraisal method of adding and deducting monetary values according to the property’s square footage, number of bedrooms, bathrooms and other features of the home.

Value is also added for upgrades to your property.   The town is made aware of an upgrade when you file for a building permit.  In most towns a permit is necessary whenever a significant improvement is made to your home such as an addition or remodeling.   

The town’s tax rate is determined by the amount of the tax levy.  The tax levy is based on a budget that has been set by the town.  First, the revenue from all sources other than property tax (sales tax revenue, user fees, state aid, etc.) is determined.  This amount is then subtracted from the budget and what is left must be collected through property taxes.  In order to ensure that the correct amount is collected, the town decides on an appropriate tax rate.  An example of a tax rate would be 12.66 or $12.66 per thousand.

In your home search, you will find the tax assessment, tax rate and annual property taxes in the public record and on the MLS listing sheets of homes that you are viewing.  Your bank or other lending institution will need this information to calculate your monthly payment.  Tax payments are usually divided into monthly amounts and are escrowed and paid with your mortgage and insurance payment.

You may deduct real estate taxes in the year paid.  They are also reported on the Form 1098, that you will receive from your bank annually.   In addition, you can deduct any prorated taxes that were collected from you at your closing. 

Items you may not deduct include:

-         Special assessments or betterment charges;

-         Trash collection services, even if these are included on your tax bill;

-         Home owners’ association assessments.

 

 

 

 


 

Home Office

Do You Work at Home?

If you own your own business, you may be able to take advantage of the home office deduction.   Although the potential is an attractive one, before you take this deduction, you should make sure that you meet with all of the requirements. 

To qualify as a home office for the purpose of the IRS, you must comply with the following:

1. Your use of the Business Part of your Home must be Exclusive, Regular and for your Trade or Business.

This usually means that it should be a separate room in your home that you use both regularly and exclusively for your business.   A common area that you use in this way can comply—as long as you use it exclusively for business. 

If you have an additional business with another location, you cannot perform any of that work in your home office.  For example, if you are claiming a home office as a real estate agent and you have another job as a teacher, grading papers in your home office would invalidate your use of the office for the real estate business.

Exclusive use also means that your children cannot use your office computer to play computer games or do research for their school papers.  An exclusion to this would be if you run a daycare center and let the children use the computer for games and applications. 

Regular use means that you should be using the room on a continuing basis whether that is daily or weekly and you should be able to back this use with logs of phone calls or invoices on your computer that show how you used the office.  Be sure to keep any and all records that prove your use of the office on a regular basis.

2.  Your Home Office must be Your Principal Place of Business.

You must be able to show that you use your home as your principal place of business.   To qualify you will need to prove one of the following:

-         You meet patients, clients or customers at your home,

-         You use a separate structure on your property exclusively for business purposes.

This must be the place where you perform the most important part of your work and you cannot perform a substantial portion of your administrative activities at any other location.  Some of these activities would include:

-         Billing customers

-         Keeping books and records

-         Ordering supplies

-         Writing reports

-         Setting appointments

You could perform some of these activities elsewhere but your home office must be where you perform your most substantial administrative activities.

Expenses you can deduct for an office in your home may include the business portion of real estate taxes, mortgage interest, utilities, insurance, depreciation, painting and repairs. 

Even if you do not qualify for the home office deduction, you can still deduct the expenses you pay for your business such as the business telephone bill, your on-line services and any other business expenses that are generated from home.


                  

 

Home Improvements

If you take out an equity loan to make substantial improvements to your home, you can deduct the interest paid on the amount borrowed for the improvement.   You can also add this amount to your tax basis for the purpose of the capital gains exclusion when you sell.  The IRS defines improvements as those items that "add to the value of your home, prolong its useful life, or adapt it to new uses."  

The following are examples of home improvements that may qualify:

Additions:  bedrooms, bathrooms, a deck, a garage, a porch or patio.

Lawn & Grounds:  landscaping, walkway, fence, retaining wall, sprinkler, swimming pool.

Heating and Air Conditioning:  heating system, central air, a furnace, duct work a central humidifier, a filtration system.

Miscellaneous:  storm windows, doors, a new roof, central vacuum, wiring updates, a security system.

Plumbing:  a septic system, water heater, water softening system.   

Interior Improvements: built-in appliances, kitchen modernization, flooring, wall-to-wall carpeting, insulation, attic, walls, floors, pipes, duct work.

Work that does not qualify as home improvements includes repairs such as repainting, plastering, patching your roof, repairing broken windows, replacing cracked tiles and fixing minor leaks. 

Additional Home Equity Loans

 College Tuition, Car Loans and

Debt Consolidation

You may decide to take out a home equity loan for reasons other than home improvements.  You can generally claim an itemized deduction for interest on up to $100,000 (married couple filing jointly) worth of home equity debt. 

These loans may be used to finance your son or daughter’s college education, pay off a car loan or consolidate credit card debt.   You could even use the money to buy furniture.  As long as the loan is secured by your residence, its interest is deductible. 

Be careful that you don’t create an upside down mortgage by ending up owing the bank more than the value of your home.  Your own good judgment must come into play whenever you borrow against your home’s equity.  However; if you have plenty of equity and were going to incur these expenditures anyway, you may want to make the choice to secure an additional tax write-off by financing them through your home. 


Points

Remember Those Extra 2 or 3 Points You Paid to

Make Your Interest Rate Lower?

 

In your mortgage application, you had the option of paying points to help you to get a lower interest rate. A point is 1% of the principal and is usually considered pre-paid interest. For example, one point on a $100,000 loan would be $1,000.

To be treated as pre-paid interest the points have to be paid solely for your use of the money and not for services performed by the lender. Even if the lender calls this amount a loan origination fee, as long as it is a charge for the use of the money, the fees are deductible on your income taxes.

To qualify for deduction of points on your income tax, you must meet the following criteria:

  1. Your loan is secured by your main home. 
  2.  Paying points is an established business practice in the areas where the loan was made.
  3. The points paid were not more than the points generally charged in your area.
  4. You use the cash method of accounting.  Most people use this.
  5. Points were not paid in place of normal settlement costs, such as appraisal fees, etc.
  6. The funds you provided at closing were at least as much as the points charged.
  7. You use your loan to buy or build your main home.
  8. The amount is clearly shown on the settlement statement (Form HUD-1).

Points can be deducted from your taxes by filing them through a Schedule A, Form 1040 along with your other itemized deductions. 

 

The Capital Gains Exclusion

This Will Apply When You Sell Your Home 

 

Prior to May 7, 1997, home sellers needed to use the proceeds from the sale of their home to buy a more expensive home in order to avoid paying taxes on capital gains.  The Taxpayer Relief Act of 1997 changed all that.   Now, rather than having to roll over into another residence, home owners only need to comply with the following:

When you sell your home, provided you have occupied it for at least two out of five years, you have a $250,000 exclusion from capital gains taxes on this amount if you are single or a $500,000 exclusion as a married couple.   The property you are selling must be your principal residence, not an investment property.  However; if you hold a property for five years, rent it out for the first three, and then live in for the last two, you qualify for the tax exemption.  Also, your habitation of the home does not necessarily have to be sequential.  You could live in the home for a year, rent it out for three and live in it for the final year.  It is also not necessary for you to be residing in the home at the time of sale.  So, you could live in the house for a year, rent it out for two, move back into it for another year and rent it out in the final year.  The rule is you must live in the home two out of any five years of ownership. 

With regard to the married couple exclusion, you must both pass the use test and that is that each of you must have lived in the residence for two years.  If you own a home for two years and your significant other marries you six months before the two year time period, you can qualify for the $500,000 tax exclusion, as long as you file jointly and your significant other has lived in the property with you for the last two years.  If he has not lived in the property for the two year time period, or, if he owned and sold his own property and claimed the exclusion within the two year period, then, you do not qualify for the married couple exclusion. 

These capital gains rules are a vast improvement over the previous ones since you can now use the proceeds from your home to travel, buy clothes or embark on a completely new venture.  Also, there is no limit on the number of times you can use the home-sale exemption.  In fact, you can have a tax-free profit of $250,000 (or $500,000 if married) every time you sell a home provided that each sale is at least two years apart.

    

These are brief descriptions of the some of the possible tax savings with home ownership.  Before taking any deductions on your taxes, check with your tax accountant, attorney or appropriate IRS publication which may be found at www.irs.gov.   


 

Qualifying For a Loan

 

There are two major factors that qualify you for home financing:  your ability to pay a loan and your willingness to pay a loan.  

Your ability is determined by verifying your current employment and analyzing your total income.   Lenders usually like to see that you have been employed by the same company for two years.  There can, of course, be exceptions to this.   If you change your job but stay in the same line of work, you should not have a problem, particularly if the job change results in an increased amount of income.  Bonuses and any additional income such as child support or alimony will also be considered if you are able to bring documentation showing that these amounts are steady and reliable. 

Other factors that are taken into consideration include the amount of cash you have in your bank account, including savings, retirement accounts and investments.   You should be prepared to show recent bank statements, including checking and savings, your most recent account statements for any investments you have, interest in retirement funds, life insurance policies and the value of personal property, including automobiles. 

Your willingness to pay the loan is determined by what is on your credit report.  If you have been consistent in paying your bills, credit card payments and repaying loans, this will demonstrate that you can be counted on to pay any loans in the future.

Many home buyers are nervous about getting a mortgage loan because they are under the misconception that they have no bargaining power and that is not true.  Keep in mind that banks are in the business of loaning money and their business, like any other, is highly competitive.   If you have good credit and can demonstrate your ability to pay for a mortgage, a good mortgage broker is going to fight for your business. 

Remember this fact when you talk with a mortgage broker about the particular loan programs that he is willing or able to match you with.  That also goes for closing costs and application fees.   Be sure to talk to more than one mortgage broker or lending institution to get the best deal on your home loan.   

As for meeting lenders’ qualifications, there are usually two questions that must be asked.  First, is your income large enough to service the expenses associated with the loan?  Secondly, do you have cash on hand to meet the up-front cash requirements of the home purchase?    To help lenders determine this, they usually employ expense ratios. 

 

Mortgage Underwriting Guidelines

When a bank reviews your mortgage application to determine whether or not to grant a loan, the following items are reviewed:

Income

This is the most important criteria for the bank.  They will want to determine where the income is coming from and the likelihood of it sustaining over the period of the loan.  These include:

-         Salary and Hourly Wages – Calculated on a gross monthly basis, prior to tax deductions.

-         Part-time and Second Job Income – Not usually considered unless it is in place for 12 to 24 months.

-         Commission, Bonus and Overtime – This can only be used if you have received it for two previous years and your employer must verify that it will likely be continued.

-         Retirement and Social Security – Must continue for at least three years into the future for consideration.

-         Alimony and Child Support – Must be received for 12 previous months and proven to continue for the next 36 months.

-         Notes, Receivables, Interest, Dividend and Trust Income – You must have proof of receiving funds for 12 previous months and also show that income is due for 3 more years.

-         Rental Income – The only acceptable source is from investment property.  The bank will use 75% of the monthly rent minus expenses.

-         Automobile Allowance and Expense Account Reimbursements – This must be verified with 2 years on tax returns and reduced by expenses listed on Schedule C.

-         Self Employment Income – Lenders require two years minimum ownership to consider self employed income. 

 

Debt

Your outstanding debts are reviewed.  The bank needs to be assured that after all monthly liabilities are paid there is adequate income left to make the mortgage payment.

-         Loans, leases and credit cards are factored in while food, insurance, school costs, etc. are not.

-         A loan with less than 10 months remaining will usually be disregarded.

-         The payment figure used is your minimum monthly payment.

-         If you signed as a co-borrower for a friend or relative you are accountable for that payment.

-         A loan can be paid off to qualify for a mortgage but not a credit card.  If the card is paid off and the credit line still exists, the bank will consider it a possible liability.

 

 

Credit

A bank will order a merged credit report from the three main credit bureaus:  Trans Union, Equifax and Experian.  The credit report also searches public records for liens, judgments, bankruptcies and foreclosures.

Most lenders use a national credit scoring system to evaluate credit risk.  An underwriter will evaluate all of this information to determine whether or not to grant a loan. 

Savings

A lender will want to see that the borrower has adequate savings since the more money the borrower has, the greater the likelihood there will be of on-time payments.  The bank also wants the borrower to have his own funds invested into the property.  This lessens the probability of the person walking away from his own life savings when faced with a possible foreclosure.

In terms of funds that the bank considers, they are:

-         Checking and Savings Accounts

-         Gifts and Grants

-         Sale of Assets

-         Secured Loans

-         Retirement Accounts

 

Ratios

Many banks will use a 28/36 ratio.  Simply defined, the first figure 28 represents the amount of your income you can pay on a mortgage payment.  The total amount you should pay toward your mortgage payment, including principal, interest, taxes and insurance is 28%. 

The second figure 36 is the amount you pay in debt-related expenses, including your mortgage, car loans, credit card payments and any other debts.  This figure should not exceed 36% of your income. 

Other lenders may use a 30/40 ratio.  This is to say that your house payment should equal 30% of your Gross Monthly Income and your debt should be 40% of your Gross Monthly Income. 

Ratios will vary, depending on the lending institution’s particular guidelines. 

If you are able to make a down payment of 20 per cent or more there are more possibilities that open up.  If you are a good borrower with a high credit score you should be able to find a number of lenders who will be able to fit you into a program that will be beneficial to you and the bank.

Besides calculating ratios, there are other ways for you to see how much you may qualify for and what your monthly payments will be.  Go to any of the search engines on the internet and type in “pre-qualify mortgage calculator” and it will bring up some sites that will allow you to pre-qualify by filling out a form.  If you wish to remain anonymous during this process be sure to choose a site that does not require you to fill in any personal information such as your name, address and social security number.   This does not replace a pre-qualification with an actual lender but can give you a rough idea of what you can afford in your pre-planning stages.

 

 

Determining the Price Range of Your Home

Once you have determined the loan amount that a bank will be willing to lend you, keep in mind that you may not want to borrow the entire amount.  Two items will come into play that will determine the price range you should be looking in:

-         The amount of money you have to put down;

-         How negotiable prices are at the time of your purchase.

In a soft or buyer’s market which we are currently in, you should consider that the asking price of a home is probably not what the home will sell for.  Consider that homes may be selling for 5 – 10% less than the asking price in this environment.  To this end, it is important to know how long the home has been on the market and, if you possible can, find out anything about the seller’s motivation. 

With these thoughts in mind you should be looking at homes in a slightly higher price range than you can actually pay.  If you are using the services of a good buyer broker, he or she should be able to negotiate a lower price than asking and possibly get more off at the home inspection if any problems are discovered. 

Most importantly, you will need to decide what you will eventually be comfortable with for a mortgage payment.  If you feel secure in your employment and have expectations of higher earnings in the future your comfort level may be greater than if you are self-employed and need to worry about possible “rainy days.”  In other words, this is your life and your comfort level - not the bank’s, your family’s or your friends.  

 

 


 

Checking Your Credit

 

To avoid any surprises, it's always best to get a copy of your credit report before applying for a home loan.  Under the Fair and Accurate Credit Transactions Act of 2003 (FACTA), credit bureaus are required to provide you with one free copy of your credit report each year.   Prior to this ruling, you had to pay $9.50 each time you wanted a copy of your credit report.   Congress recognized the benefits of self-monitoring in the battle against identity theft and enacted FACTA so that citizens could keep current on their credit status. 

You can get a free report by logging onto www.AnnualCreditReport.com or by calling 1-877-322-8228.   Be aware of fraudulent copy cat sites that are soliciting people to purchase their credit protection services.  Never order a credit report on-line from a source that you got from searching for “credit reporting services” or anything similar since there is a danger in putting your social security number out on the internet without protection.   For a copy of the mail-in form from FACTA, go to https://www.annualcreditreport.com/cra/requestformfinal.pdf.

It is wise to check your reports every year, not only to fight identity theft, but also because credit bureaus can make mistakes and you want to make certain your reports contain accurate information.  Make sure those credit cards you think you have canceled are showing up as closed. 

If you find inaccuracies in your credit report, notify the credit bureau.  Do it in writing and keep a copy.  Once the agency is notified of an error, it has thirty days to make the correction.   You have the right to provide credit bureaus with a one hundred-word statement explaining any circumstances that pertain to specific information in your report.  This includes information about late payments, divorce-related problems or a dispute with a company.  The credit bureau must then include these statements in your credit report.

 

What is a FICO Score?

Most credit bureau scores in the U.S. are produced from software developed by Fair Isaac Corporation (FICO). The scores are used to evaluate how much of a credit risk a potential borrower is.  FICO scores are provided to the three main credit bureaus: Equifax, Experian and TransUnion. 

These scores are considered to be a fair and impartial judgment of whom should be granted credit and what the limits should be.  FICO cannot tell if you are a single woman, a minority race or of any particular religion.  It looks only to your borrowing habits measured against the patterns of hundreds of thousands of past credit reports. 

FICO scores range from 300 to 850 and, though your scores among the three major credit bureaus will not be far apart, they are never identical to each other.  Each agency has its own method of analyzing and reporting the data in your files.  It is wise to get a copy of each score since that is exactly what some of the lenders do.  

It's important to note that FICO only looks at information in your credit report, while lenders look at a number of variables when making their lending decisions, including your income and how long you have worked at your current job.   Your score considers both positive and negative information in your report.   Late payments will lower your score and a history of making payments on time will make your score higher.

Your FICO score is based on five categories:

  1. Payment History - This makes up 35% of your score.  One of the most important factors in a FICO score is whether or not you have paid past accounts on time.  However, it is just one piece of the picture.  
  2. Amounts Owed - Approximately 30% of your score is based on this factor.  Having high balances on credit card accounts may show that you are overextended and less likely to make future payments on time.  If you pay off your credit cards every month this indicates that you are a good credit risk.  
  3. Length of Credit History - Approximately 15% of your score is based on this.   Having had accounts for a longer period of time is viewed as more favorable than being a new credit customer.  FICO looks at how long accounts have been established and how long it has been since you have used certain accounts.
  4. New Credit - This accounts for approximately 10% of your score.  People who have not had credit for very long should not open too many new accounts in a short amount of time.  The scores are also affected by having a large number of requests for credit, although FICO distinguishes between a search for a single loan (such as a mortgage) and searches for many new credit accounts.  They do this, in part, by the length of time over which the inquiries occur.
  5. Types of Credit in Use - Approximately 10% of your score is based on this factor.  If you do not have a lot of other information on which to base your score, opening a vast array of retail accounts, loans, and credit cards will not necessarily be viewed favorably.  The score considers whether the loans and accounts are a healthy mix.  It is better to start off with a few accounts and establish a good payment record with them than to open many that you do not need.

FICO Scores break down to the following, with the highest score getting you the best interest rates:  

             760-850, 700-759, 660-699, 620-659, 580-619, 500-579

You can find out more information and purchase your FICO scores at www.myfico.com.       

Getting Pre-Approved

After checking your credit and working out some preliminary numbers, it’s time to go through the process of pre-approval for your home mortgage loan. 

One advantage of getting pre-approved is that it will give you a firm idea of how much you can borrow and, therefore, what the price range will be of your new home.  With this in place, you will not be wasting countless hours looking at homes that you may eventually discover you cannot afford to buy. 

In addition, it is a help to your realtor, who will be more willing to spend time searching for and showing you properties if they can see in black and white that you are approved for a specific amount of buying power.  Sellers will also take any offer you make more seriously if you are pre-approved.  In fact, most sellers will not accept an offer and take their home off of the market without first seeing a firm letter of pre-approval. 

Some preliminary screening of mortgage companies can be done online or over the phone.   You can go online to check their rates or call them direct.  Most lenders will give you a great deal of information on their products and current programs.  Take advantage of this information to help you to become a more informed about the credit market.  

It is important to start this process as soon as possible.  That way, you will have ample time to correct any possible mistakes that may show up on your credit report.  Having negative information on your credit report will cause you to be put into a higher interest rate program or could possibly cause your application to be denied. 

In light of the recent subprime loan crisis, early application for a pre-approval has become crucial since many banks have become more strict on their guidelines for issuing credit. 

At the time of application for a pre-approval the lender will provide you with information about various programs you qualify for and also what your monthly payments will be.   A mortgage payment is made up of:

-         Principal – The total amount of money you are borrowing after your down payment.   This is the actual amount you will be financing.

-         Interest – The money the lender is charging you for the loan.

-         Taxes – Your property taxes are usually escrowed or put into the hands of a third party until it is time for your taxes to be paid.  This makes it easier for you to pay your property taxes rather than to come up with a large lump sum at any given time.

-         Insurance – Your home insurance protects you against any losses from fire, storms, or theft, or, if you have flood insurance, against flooding. 

Collectively, these pieces of your mortgage payment are referred to as PITI. 

Your lender will use financial information provided by you to obtain approval for up to a specific loan amount.  The lender will ask questions regarding your current residence, employment history, your salary and your outstanding debts.  He will also require you to sign a number of disclosure statements.  Your application will then be submitted to an automated underwriting process.   Using this type of process, your approval may be obtained in a matter of minutes. Once it is approved, you will receive a pre-approval letter which outlines the terms of your pre-approval. 


 

Exhibit A

Pre-Approval Letter

 

ABC Banking

 

November 1, 2008

RE:  Loan Approval-property address-to be determined

Dear Mr. & Mrs. Smith:

Congratulations.  ABC bank is pleased to inform you that your application for a mortgage home loan for a purchase price of $600,000 has been approved.  Your approval is based on a review of the information and the documents that you have provided as well as a full credit report.  This means your credit history, income, and assets, as reported to us meet the guidelines of the loan program for which you have applied.  

A final approval will be issued upon satisfactory compliance of the following conditions:

   -  Fully executed sales contract.

   -  Satisfactory appraisal.

Thank you for choosing ABC Bank.

Sincerely,

 

Joan Bankcard

Loan Officer

 

 

Items Necessary for a Home Loan Application

 

Some lenders may not require all of these items, but, just to be safe, you should have the following information ready:

-      Your social security number;

-      Employment history:  employment for two years; dates and addresses; salary; current pay stubs or W-2 forms.

-      Checking and Savings Accounts and Certificates of Deposits:  location of bank accounts, account numbers and balances; address of bank if out of town and be prepared to provide the last 3 months' statements.

-      Stocks, bonds, and investment accounts:  broker's name and address, description of stocks, bonds, etc. and the last 3 months statements or copies of stock certificates.

-      Life Insurance Policy;

-      Retirement Plan:  approximate vested interest value, copy of latest statement.

-      Automobiles:  make and model of automobiles, their resale value, if possible;

-      Other Assets:  market value of personal and household property.

-      Liabilities and other non-mortgage debt:  creditor's names, addresses, account numbers, monthly payments and balances.

 

Now that you have been pre-approved for a home loan it’s time to start thinking about the type of loan that will best suit your needs.

 

 

          

Conventional Loan Programs

For every home buyer there is a loan program.  You can determine which type of loan you fit into by your income, expenses and home ownership goals.  If you plan on spending many years in your new home, you are probably best suited for a fixed-rate loan.  By getting into a low interest fixed-rate, you will have the security of knowing what your monthly payment will be over the long term and you can make the rate even lower by paying points up front.   If, however, there is a good chance that you will be moving in five years or less, an adjustable-rate mortgage may be a better answer for you.  Or, if your income will be rising in the future, an ARM may give you more purchasing power now. 

Fixed-Rate Mortgages

The most easily understood loan is the fixed-rate loan.  It allows the borrower to repay the principal and interest over a fixed period.  During this time, the interest and payment amounts stay the same.  There are currently fixed-rate programs available for 30 years, 20 years, 15 years and 40 years.  The most popular terms are 30 and 15 years.

With a 30 or 40 year loan your payments will be lower since the loan amount is extended over a long period of time.  However, if you can afford a higher payment, a 15 year loan will pay off your mortgage in half of the time and the loan will be at a lower interest rate.

The advantages of fixed-rates mortgages include inflation protection, long-term planning and low risk.  If you plan on owning your home for more than 5 years, a fixed-rate mortgage will ensure that, even if interest rates go up, your payment will not be affected.  This is a hedge against inflationary times.  Also, knowing what your monthly expense will be for the entire term of the mortgage can help you in your long-term planning and provide you with a low risk factor as opposed to an adjustable rate mortgage which may go up and make planning more difficult for the long run. 

On the flip side, no matter how low interest rates get your payment will not go down unless you choose to refinance.  Also, the interest rate on a fixed-rate mortgage will be higher to begin with than an adjustable one which will offer you a low, initial rate to get you into the loan. 

The payments on fixed-rate fully amortizing loans are scheduled so at the end of the term your mortgage is paid in full.  The advantage to this type of loan is in knowing what your payment will be for the life of the loan.  In a period of low interest rates, the fixed-rate loan is a popular way to buy a home.

Fixed-Rate Interest Only Loans

If you qualify, you may opt for an interest only loan.  With this product, the loan is divided into two periods.  During the first period, your monthly payment will be lower since this is when you will be paying only the interest.  In the second period, you will be paying both interest and principle.  A typical fixed-rate interest only loan would be for 30 years during which the first 10 years you will have a lower payment paying only the interest.  For the remaining 20 years you will be paying both interest and principle. 

While this option may seem attractive to some borrowers since you are freeing up cash that you can use for other purposes, you need to remember that during the first 10 years you are not reducing the principal or creating any equity in your property. 

It is more difficult to qualify for an interest only loan and this type of loan should probably be reserved for a high end buyer who wants to increase his purchasing ability and invest the money saved in a higher yield investment.  It would not be recommended for first-time home buyers since they would need to come up with a larger down payment and miss the opportunity to begin wealth building in what is probably their largest and most important investment.

 

Adjustable-Rate Mortgages (ARMS)

With an adjustable-rate mortgage, your interest rate will fluctuate with the economy.  Depending on your financial situation, this type of loan may allow you to have more purchasing power now than a fixed-rate loan. This is due to the fact that lenders offer introductory interest rates on ARMs that are substantially lower than on fixed-rate loans.  ARMs carry risks in periods of rising interest rates, but, if interest rates drop, they can become less expensive.

The rise and fall of ARM interest rates are tied to their relationship to an index.  The type of index varies and could include treasury securities or the national average cost of funds to savings and loan associations.  If the index rate moves up, your payment does as well.  On the other hand, if the index rate goes down, so will your monthly payment.

To get a better understanding of ARMs, you should become familiar with the following terms:

The Adjustment Period

With an ARM, the interest rate and monthly payment change every year, every three years or every five years, depending on which program you are in.  The period between one rate change and the next is called the "adjustment period."  For example, in a 1-year ARM the adjustment period, i.e. when the interest rate can change, is 1 year.  

The Margin

To determine the interest rate they will charge on a loan, lenders add a few percentage points to the index rate.  This is called the "margin."  Margins tend to vary from one lender to another.  For example, both lenders may use treasury securities as an index, but one uses a 2% margin and the second uses a 3% margin.  The larger margin will make your monthly payment higher.

 

Discounts

To make a loan program attractive and, sometimes, to get you approved, a lender may use a lower initial rate than what is standard for them.  These rates are referred to as discounted rates.   Often these loans are accompanied by large initial loan fees or "points."  

The discount provides you with a lower monthly payment and also qualifies you for more than you would otherwise be approved of.   Just be aware that, after the discount period expires, which is often at the end of the first year, the savings from this period may be made up during the life of the mortgage by a rise in your mortgage payment.

Interest-Rate Caps

Caps were put into effect to protect borrowers from extreme increases in their monthly payments.  A cap does this by placing a limit on how much your interest rate can increase.  A periodic cap limits the rate increase from one adjustment period to another; while, overall caps limit the rate increase over the life of the loan.

For example:  you have an ARM with a periodic cap of 2%.  At the first adjustment, the index rate goes up 3%.  Because of your 2% cap, your interest rate will only go up 2%.

Be aware that a drop in interest rates does not necessarily lead to a drop in your monthly payment.  Some ARMS have a carryover feature.  If your 2% cap has kept your interest rate to 2% during a 3% increase in the index, the additional 1% can carry over to the next adjustment period. This would raise your interest rate an extra 1% in that period even if the index rate has not had an increase.  

As an overall cap example:  you have an overall cap of 5%.  The index rate increases 1% in each of the next nine years.  Your payment will not go up 9 percentage points, but will only go up 5%.

By law, all ARMs must have overall caps. 

 

Payment Caps   

Some ARM programs have payment caps.  A payment cap will limit your monthly payment increase at each adjustment, usually to a percentage of the previous payment.  

With payment caps you need to be aware of the possibility of negative amortization.  This can happen when your monthly payment amounts are not large enough to pay all of the interest due on your mortgage.  Since payment caps deal only with payment increases and not with interest-rate increases, there could be a time when your payment does not cover all of the interest due on the loan.  This shortage would then be added to your debt and may have additional interest charged on the amount.

Since real estate values are usually appreciating, the extra charges in the loan may be covered by an increase in your property value but this is a possibility that you should carefully consider when looking at any adjustable rate programs.

 

1-Year Adjustable Rate Mortgage

With this 30-year loan the interest rate changes every 12 months.  The amount of the adjustment is determined by an index, as previously discussed.  Whether it is the Treasury Bill Rates, Treasury Note Rates, Federal Reserve Discount Rates or the Cost of Funds Index, these indices are all published and readily available to the consumer.  Your lender has no control over the rate of increases or decreases.

One reason to consider a 1-year ARM is that the introductory interest rate will be significantly below the rate on a fixed-rate loan which may help you to qualify for the largest possible loan on your current salary.  Your part in this arrangement is that you will be taking a risk in that your payment may change from year to year.  If interest rates rise dramatically, you could end up paying much more for a 1-year ARM than for a 30-year fixed rate mortgage. 

This loan usually comes with a 2% periodic cap and a 6% overall cap.

 

3/1 Adjustable Rate Mortgage

The interest rate on this 30-year loan will be at a low introductory rate for the first three years.  Then, like the previous loan, the rate is tied to a predetermined index.  

If you expect to move or refinance in three years, this could be a good solution for you.  It is also an opportunity to qualify for a larger loan than you would under a fixed rate.  In any event, you should have some expectation of an increase in your income to be able to cover any possible future adjustments.

 

5/1  Adjustable Rate Mortgage

This is a 30-year loan in which the interest rate is a low rate for five years and then may change each year thereafter.    

You will still be offered a lower rate than the rates on fixed-rate mortgages.  In exchange, you are willing to accept a small amount of risk that your rate will go up.  

This would be a good option if you expect to stay in the home for at least 5 years.  Once again, you should be confident that you income will go up to be able to cover the possible increase in your payment.  

 

  

Understanding Closing Costs

One of the most confusing aspects of home financing is determining what is fair or competitive with regard to closing costs.  These costs are not fixed and can vary greatly depending on the lender, the lending program and the amount of your loan.  

When shopping for a loan, get estimated closing costs from lenders.  Ask for them to be in writing.  This will help in your comparison shopping.  Once you have applied for your loan, The Real Estate Settlement Procedures Act (RESPA) requires your lender to provide you with a Good Faith Estimate of closing costs within three business days of your application.  Also, you must be provided with a disclosure estimating all of the costs associated with your loan, including your total finance charge and Annual Percentage Rate.

Although the categories of lending costs are standard, the amounts charged for the fees are not.  Below is an explanation of each of the possible fees as they appear on the HUD (Department of Urban Housing and Development) statement.   Not all lenders charge all of these fees.

Loan Fees

Loan Origination:  A charge for the lender's work in evaluating and preparing your mortgage loan, often expressed as a percentage of the loan.  Cost: varies from lender to lender.  A one percent loan origination fee is equal to 1% of the loan amount.

Discount Points:    A point is a one-time charge imposed by the lender to lower the interest rate the lender would otherwise charge.  Each point is equal to one percent of the mortgage amount.  Usually, for each point you pay for a 30-year loan, your interest rate is reduced by about 1/8th (or .125) of a percentage point. Paying points can be good if you plan on living in the home for a long time.   Cost:  One point = 1% of the loan.  

Appraisal Fee:   This covers the cost of an independent appraisal of the home you are purchasing.  The lender requires this evaluation of the property since it will serve as collateral for the loan.    Cost:   $200 - $500.

Credit Report Fee: Covers the cost of a credit report to evaluate your credit history.  Cost:  $45 – 50.  

Mortgage Insurance Application Fee:  If you are putting less than 20% down on your home you will be required to take out mortgage insurance (PMI)  This covers the lender's risk in the event you should fail to make loan payments.  Cost:  Varies from lender to lender.

Mortgage Broker Fee:  Any fees paid to the mortgage broker would be listed here.  Cost:  Approximately $500.

Items to be paid in advance

Interest:  Lenders usually require borrowers to pay the interest that accrues from the date of the settlement to the first monthly payment.  For example, if you closed on June 20 you would owe ten days of interest payments to the end of the month.  

Mortgage Insurance Premium:  The lender may require you to pay the first year's mortgage insurance premium in advance.

Flood Insurance:  If the property you are purchasing is in a flood zone, you would have to carry flood insurance.   

Hazard Insurance Premium:   You will be paying at least three months of prepaid home insurance at the closing.  Cost:  Based on your home's value.  It is wise to get quotes from three different insurers.

Property Taxes:  You are required to pay three months of property taxes which will be held in escrow with the hazard insurance by the lender.   Cost:  Based on your home's value.  The tax amount can be found on your MLS listing sheet or from the public record available from the town hall.

 

Title Charges

Settlement or Closing Fee:  This is a fee paid to the settlement agent or closing attorney.  Cost:  Approximately $600.

Abstract of Title Search, Title Examination, And Title Insurance Binder:  The title search is done to prove to the lender that the seller owns the property you are purchasing.  The search involves reviewing public records, recorders of deeds, county courts, tax assessors and surveyors.  Also, records of deaths, divorces, court judgments, liens and contests over wills are examined.   Cost:  Approximately $250.  

Document Preparation:  This is a separate fee that some lenders charge to cover their costs of preparation of legal papers and the deed.  Cost:  $50-$200.

Notary Fee:  This is the cost of having a notary public sign the documents and swear to the fact that the persons named are the ones who signed them.  Cost:  $50-$100.

Attorney's Fees:  You may be required to pay for legal services provided to the lender such as examination of the title binder.   Cost:  Approximately $600. 

Title Insurance:  The total cost of your title insurance as well as the lender's.  Title insurance protects you from an error in the title search.  Such an error could mean that you are buying a house from someone who did not own it in the first place.   Cost:  Based on your home's value.    

Government Fees 

Government Recording and Transfer Charges:  These fees are for recording the new deed and mortgage.   Cost:  Approximately $50 - $150.

 

 

Additional Settlement Charges  

Survey Fee:   A survey, or an Improvement Local Certificate, is done by a licensed surveyor and determines that your lot has not been encroached upon.  At a minimum, the lender will require evidence that no additional structures have been added to the lot since the last survey was conducted on the property.   Cost:  Approximately $200 - $350.

Administrative Fee, Document Preparation Fee, Courier Fee and Certified Copies:  Costs vary.   

     


 

Private Mortgage Insurance (PMI)

Will You Need It?

The determining factor as to whether or not you need to purchase private mortgage insurance is your down payment amount.  The bank is concerned with the loan-to-value or LTV.  If you are putting down only 10%, your LTV is 90 percent.  Since most lenders will only insure 80% of the loan, you will have an exposure of 10% that must be covered.  This is done through private mortgage insurance.

What Does PMI Cost?

According to the Mortgage Bankers Association of America, PMI costs are typically one-half of one percent of the loan.*  

For example:  You put down 10% on a loan of $200,000.  $200,000 minus $20,000 (10%) is $180,000.   This is the amount to be financed.  The lender multiplies $180,000 by .005.  The result is $900.  Divide $900 by 12 for your monthly PMI payment of $75.00.

*PMI costs may vary from lender to lender.

 

Avoiding PMI

Some lenders have programs in which you can avoid PMI by paying more interest. The usual rate increase amounts to .75 % to 1% depending on the lender and the amount of the loan.  One advantage to this method is that mortgage interest is tax deductible.  

If you do end up with PMI payments in the structure of your loan, keep track of your payments on the principal of the mortgage.  When you reach a point where your loan to value is 80% there are provisions which mandate that you be notified.   According to the Homeowner Protection Act of 1998, Federal Public Law 105-216, the following rules apply:

Mandatory Initial Disclosure - At the time of the closing the lender must provide a written notice of when PMI may be cancelled or that the lender will notify the customer when the cancellation date is reached.

Borrower-Initiated Cancellation - When the balance of the mortgage reaches 80 percent of the original value of the property the borrower may request in writing that the PMI be cancelled.

Automatic Termination - When the balance of the mortgage reaches 78 percent of the original value of the property the lender must automatically terminate PMI, provided that payment is current.


 

With All the Help there is On the Internet

 Why Do I Need an Agent?

With regard to searching for properties on the internet, there are some important limitations. One of them is that house listings are not always updated so you may often be chasing one after it has gone under agreement.  If you call listing brokers directly, you will not be getting impartiality about other properties you may be interested in since they stand to earn double their commission by selling their own listings to you.  This leaves you with the task of calling on every property, setting your own appointments and having no one on your side.

Since buying a home is not something you do on a regular basis, there is no reason for you to learn how to be a real estate agent.  Plodding through the maze of listings, property values, zoning regulations and inspection issues is something best left to those who do it for a living.  Help is available, and it usually costs you nothing.

The profession of real estate agency has evolved dramatically over the last ten years and it is due, not only to changing technology, but also to the sophistication of today's buyers.  With all of the information now available at our fingertips, we are able to bring a higher level of service in a shorter amount of time.    

Many realtors are specializing and developing their own niches.  One of those niches is buyer broker representation.  Because of this innovation, there is no reason to embark on your home purchase alone.  Home buying is a complicated process and one that is best coordinated by a professional who, not only helps you to find a property, but also has the knowledge necessary to bring your transaction to a successful closing.

 

What Should You Look for In a Broker?

There has long been a belief that people choose professionals who are similar to themselves in a number of ways.  This tradition is often seen with how home buyers ally themselves with real estate agents.  Because the home buying process can be lengthy and stressful, you may want to work with a broker who shares some of your own personality traits.   These might include:  being detail oriented, low key or fast paced, shirt-sleeved and basic or high tech and desirous of someone who is tech savvy enough to communicate with you in a way in which you are accustomed.  

Other requirements for a good broker to work with are more generic, but extremely important.  Some of these are:

    --Good buyer/client references;

    --Familiarity with the area that you are looking in;

    --Ability to provide you with a link into the MLS;

    -- Exclusive representation.  Loyalty without conflicts of interest;

     -- Confidentiality concerning your money and motivation;

     -- Unbiased showing of all available homes;

     -- Showing by for-sale-by-owners;

     -- A willingness to point out flaws in a property;

     -- A fair and straightforward buyer agency agreement;

     -- Good negotiating skills;

     -- Help in finding a good home inspector, lender, and an attorney.

A traditional real estate broker has no obligation to recommend professionals to you.  Because of this, you will most often find that they will recommend three or more (bankers, attorneys, and, especially home inspectors) because they have and want no liability to the recommendation of one.

A buyer broker, on the other hand, does have a liability to recommend the services of the best professionals possible. This is part of why you are hiring a broker, for a professional opinion.  When you ask for advice on professionals to help you with your home transaction, do you really want three choices? How will you know which one to use? When you ask for help with home buying issues, you need answers.  Only a buyer broker takes on the liability of giving you a direct recommendation.

 

Why Would a Buyer Broker Negotiate a Lower Price?

This is a very important question and one worth addressing.  Since the commission paid to a realtor is a percentage of the total price why would any agent try to get a lower price for a home buyer?

The answer lies in your choice of agents.  You should try to work with a realtor who specializes in representing buyers and who has been doing so for awhile.  A career is not made from one client and one commission, but from many clients. A professional buyer broker would not have much of a business without first having cultivated and maintained a good reputation as a buyer advocate and the only way to achieve that is by doing the best job possible for every buyer client.

Just as an attorney works hard to win cases for clients, a buyer advocate must also build and keep a good track record in a business that is often referral driven.  That's why it is important to work with a specialist in buyer representation and not just a duty broker who answers the telephone at a real estate agency or an agent you meet at an open house.

You can find an agent with the right credentials to help you in your home search by going on-line and searching on “buyer broker” and the state or area you are interested in.


 

 

Realtor Agency Disclosure

There has long been confusion about real estate agency.  Many people believe that the realtor who is setting up appointments and showing them houses is always working for them as their agent.  Often that is not true.  To clarify the issue, many states have made it mandatory for real estate agents to have an agency disclosure form signed by all potential buyers.  This form must be presented and signed prior to showing properties. 

See Exhibit B - the Mandatory Agency Disclosure Form. 


 

 

Exhibit B

 

   MASSACHUSETTS MANDATORY LICENSEE-CONSUMER RELATIONSHIP DISCLOSURE

This disclosure is provided to you, the consumer, by the real estate agent listed on this form.  Make sure you read both sides of this form.  The reverse side contains a more detailed description of the different types of relationships available to you.  This is not a contract.

THE TIME WHEN THE LICENSEE MUST PROVIDE THIS NOTICE TO THE CONSUMER:

All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific property.  The licensee can represent you as the seller (Seller's Agent) or represent you as the buyer (Buyer's Agent) and also can assist you as a facilitator.

CONSUMER INFORMATION AND RESPONSIBILITY:

Whether you are the buyer or seller you can choose to have the advice, assistance and representation of your own agent who works for you.  Do not assume that a real estate agent works solely for you unless you have an agreement for that relationship.  With your consent, licensees from the same firm may represent a buyer and seller in the same transaction.  These agents are referred to as dual agents. 

Also a buyer and seller may be represented by agents in the same real estate firm as designated agents.  The "designated seller or buyer agent" is your sole representative.  However where both the seller and buyer provide written consent to have a designated agent represent them then the agent making such designation becomes a "dual agent" for the buyer and seller.  All real estate agents must, by law, present properties honestly and accurately.  They must also disclose known material defects in the real estate.

The duties of a real estate agent do not relieve the consumers of the responsibility to protect their own interests.  If you need advice for legal, tax, insurance or land survey matters it is your responsibility to consult a professional in those areas.  Real Estate agents do not have a duty to perform home, lead paint or insect inspections nor do they perform septic system, wetlands or environmental evaluations.  

RELATIONSHIP OF REAL ESTATE LICENSEE WITH THE CONSUMER

(check one)    ___Seller's agent     ___Buyer's agent        ___Facilitator

IF A SELLER'S OR BUYER'S AGENT IS CHECKED ABOVE COMPLETE THE SECTION BELOW:

Relationship with others affiliated with__________________________________________

(Check one)       ___The real estate agent listed below, the real estate firm or business listed above and all other affiliated agents have the same relationship with the consumer named herein (seller or buyer agency, not designated agency). 

                       ___Only the real estate agent listed below represents the consumer named in this form (designated seller or buyer agency).  In this situation any firm or business listed above and other agents affiliated with the firm or business do not represent you and may represent another party in your real estate transaction.

By signing below I, the real estate licensee, acknowledge that this disclosure has been provided timely to the consumer named herein. 

________________________  ____________________________
(Signature of real estate agent) (Printed name of real estate agent)

By signing below I, the consumer, acknowledge that I have received and read the information in this disclosure.

__________________   ____________________________    ___________

(Signature of consumer)  (Printed name of consumer)             (Today's Date)

__________________    ___________________________     ___________        

(Signature of consumer)   (Printed name of consumer)            (Today's Date)

___Check here if the consumer declines to sign this notice.

                                     

 


 

 

TYPES OF AGENCY REPRESENTATION

SELLER'S AGENT

A seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client.  This means that the real estate agent represents the seller.  The agent owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate.  The agent must put the seller's interests first and negotiate for the best price and terms for their client, the seller.  (The seller may authorize sub-agents to represent him/her in marketing its property to buyers; however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions).

BUYER'S AGENT   

A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent's client.  This means that the real estate agent represents the buyer.  The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate.  The agent must put the buyer's interests first and negotiate for the best price and terms for their client, the buyer.  (The buyer may also authorize sub-agents to represent him/her in purchasing property; however, the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions).

(NON-AGENT) FACILITATOR 

When a real estate agent works as a facilitator that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction.  The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds.  Unless otherwise agreed, the facilitator has no duty to keep information received from a seller or buyer confidential.  The role of facilitator applies only to the seller and buyer in the particular property transaction involving the seller and buyer.  Should the seller and buyer expressly agree a facilitator relationship can be changed to become an exclusive agency relationship with either the seller or the buyer.

 

DESIGNATED SELLER'S AND BUYER'S AGENT

A real estate agent can be designated by another real estate agent (the appointing or designating agent) to represent either the buyer or seller, provided the buyer or seller expressly agrees to such designation.  The real estate agent once so designated is then the agent for either the buyer or seller who becomes their client.  The designated agent owes the buyer or seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate.  The agent must put their client's interests first and negotiate for the best price and terms for their client.  In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer then the appointing agent becomes a dual agent.  Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent.  The dual agent does not represent either the buyer or the seller solely only your designated agent represents your interests. The written consent for designated agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board).  A sample designated agency consent is available at the Board's website at www.mass.gov/dpl/re.

    DUAL AGENT

A real estate agent may act as a dual agent representing both the seller and buyer in a transaction but only with the express and informed consent of both the seller and buyer.  Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property.  A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer.  Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, and obedience to lawful instructions which are required of an exclusive seller or buyer agent.  A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds.  The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board).  A sample dual agency consent is available at the Board's website at www.mass.gov/dpl/re.


Chapter 4. Looking at Properties --

Architectural Styles 

 

 

Now that you have been pre-approved and have chosen a real estate broker to work with, the next step is to begin the process of looking at potential homes.  Your preliminary screening may take place on the internet where you can sign up to view the Multiple Listing Service on a number of realtor sites.    If this is your first journey through the home buying process you may be confused about various home styles – what they look like and what your preference will be.

 

Your choice of housing style will be dictated by

 

-      You or your families needs by size and comfort;

-      Your own particular tastes;

-      Housing style affordability;

-      The town or city of your choice and its availability of particular housing styles.

 

Often people are influenced by the type of home they grew up in and feel a sense of familiarity with certain floor plans or ceiling heights.  Newer homes have become much larger than homes were thirty or forty years ago.  They have gone from an average size of 983 square feet in 1950 to an average size of 2349 square feet in 2005.   If you have a family or just like to be spread out you may enjoy a larger home.  However; it is important to keep in mind that the more square footage you have, the more your cost will be to heat, clean and pay taxes on your home.

 

There are many housing styles that can be found throughout the country.  This section will brief you on the basic, most common styles you will find in your home search.

 

 

 

 

 

 

 

Cape

The Cape Cod is one of America's oldest house styles.  It was a popular style through the 1840s by English colonists who came to America.  It later experienced a revival when mass production techniques allowed builders to fill developments with capes after World War II.  The cape is usually symmetrical in design. The roof is a steep gable type covered with shingles.

Other characteristics of the cape are:

-      Small roof overhang

-      1 ½ stories

-      Large central chimney

-      Symmetrical appearance

-      Center-hall floor plan

-      Hardwood floors

Originally, capes were small in scale.   Now, there are many large capes with additional wings and dormers to increase their useable space.   

 

 

 

 

New England Colonial

The colonial is the most popular architectural style in the United States.  It was developed in the 18th century which is considered the "Colonial" period.  The style is symmetrical with four equal sized rooms on the first floor and four rooms above.  The basic colonial has two windows on either side of a central doorway and five windows across the second floor.   The floor plan for the standard colonial is a central hall with stairs, a living room to the left that is two rooms deep and a dining room on the opposite side with the kitchen behind it.  All of the bedrooms are located upstairs.

Other characteristics are:

-      One large chimney at the end or in the center

-      Shutters the same size as the windows

-      Windows that are double hung with small glass panes

-      Square, symmetrical shape

-      Medium pitched roof

-      Minimal roof overhang

 

 

 

 

  

Gambrel

The gambrel has a ridged roof with two slopes on each side, the lower slope having the steeper pitch.  The shape of the structure allows for a maximum of attic storage while still providing a weather tight roof.  Because of the efficiency of storage the gambrel roof is often found on agricultural buildings as well as residential and is often referred to as a “barn style” house. 

The gambrel is thought to be attributable to the Dutch since Dutch colonials have a similar roof style.   


 

 

Garrison Colonial

Some historians think that the Garrison Colonial's style was influenced by colonial block houses which were used for protection against unfriendly Indians.  The overhang section was there to provide a good vantage point from which to safeguard the house from intruders.  Others dispute this and say that the style was taken from the popular Elizabethan townhouses of the period that were being built in the overcrowded cities of England and that the overhang area created additional living space on the upper floors.  

Other characteristics are:

-      Exterior chimney at the end

-      Double-hung windows

-      Steep gable roof

-      Second-story windows are smaller than those on the first floor 

 

 


      

 

Saltbox Colonial

In 17th Century New England, adding a single-story lean-to shed to the back of a house was a clever way of increasing space.  By the 18th Century, the lean-to was being built into the original construction.  The hallmark of a Saltbox is the sharply sloping gable roof that resembles boxes which were used for storing salt in old country stores.  The front of the house is a two-story structure while the back slopes down until it becomes one story.     

Other characteristics are:

-      Exterior is usually clapboard or shingles

-      Large central chimney

-      Double-hung windows with small panes of glass

-      No windows in the rear

-      Shutters

The modern Saltbox home incorporates everything from double car garages to sprawling decks or porches.  However, the main the design is simplistic and rarely has any ornamentation. 

 

 

 

 

    

Dutch Colonial

The Dutch Colonial gained popularity in America in the 1900s.  The style did not originate in Holland but, rather, was first built by Dutch settlers in Pennsylvania in the 1600s. 

Its center entrance, symmetrical style features a broad gambrel roof with flaring eaves.  The structure is typically a moderate size with 2 to 2 1/2 stories.  Original Dutch colonials had central Dutch doors which were divided horizontally to allow light and air into the home through the top portion while the bottom was kept closed to deter the livestock from entering. 

Other characteristics are:

-      Dutch entrance door

-      Double-hung windows with small panes

-      Second-story dormers

-      A side, rather than central, chimney

 

 

Tudor

 

The Tudor style was borrowed from the architecture that was prevalent during the 15th century during the reign of King Henry VIII to the reign of Elizabeth I.  Most of the Tudor homes in the United States were originally built in the 1900s. 

The most distinctive feature of the Tudor house is called half-timbering.  In this type of construction the actual framework of the house was left exposed and the space between the timbers was filled with brickwork or white stucco.  This presented the appearance of what has been referred to as a "black and white house."  Modern Tudor houses are created using decorative woodwork that is, actually, false half-timbering and creates the appearance that was originally generated by the half-timbering method. 

Other characteristics include:

-      Diamond-pane or small windows

-      Steeply pitched roofs

-      Tudor arches

-      Bay windows

-      Massive chimneys

 

 

Contemporary

Contemporary style homes were first designed between 1950 and 1970.  The photo above is but one of many variations on this style, which usually consists of an open interior with high, and often, cathedral ceilings.  The exterior of the home is typically flat and neutral, utilizing tall windows and skylights.  The roof of the contemporary is either a one-pitch gable, flat roof or a series of flat roofs. 

Contemporary homes are usually designed to be in synch with their surroundings and incorporate the landscaping into the overall style of the home.   Although some associate the notion of cold and concrete with contemporaries, many people choose them because they allow for individuality and can be more personalized than a standard colonial home. 

The basic contemporary style is one of fewer walls, less ornamentation and more light. 

Other characteristics include:

-      Geometric forms

-      Exposed beams

-      Large amounts of glass

-      Lofts and overhangs      

 

 

Ranch

The first ranch home was designed by Cliff May and was built in San Diego, California in 1932.  This simple and informal style eventually spread to other parts of the country.  During the 1940s and post-war boom of the 50s the ranch soared in popularity.  The style is associated with tract housing that was built during this period.  The ranch house embraces the ability to move freely about, all on one level, without steps and onto private patios and back yards.

The typical ranch is a single-story, often rambling design with a hipped or gabled roof.  Its features include sliding glass patio doors, attached garages and picture windows.  The interior is generally an open style with the living room, dining room and family rooms blending into one another.  The bedrooms are located together in the left wing of the home. 

Other characteristics include:

-      Long, low roofline

-      Asymmetrical design

-      Simple floor plans

-      Minimal décor

 

 

Split Level

Historians credit this house style to Frank Lloyd Wright.   When he split up his original “Prairie” design, he felt that the split would be an affordable home for the average American.  The eventual split level was a departure from his original design and it was not until the 1950s and 60s that this style actually came into being.  

The basic split level has the main living on the second level.  This is where the living room, dining room and kitchen are.  The bedrooms are also located in a separate wing on this level.  The entryway to the home is between the two floors with one set of stairs leading up and another set leading down to the lower level.   The lower level is typically finished with a family room as well as additional recreation, storage areas and the utility room.   The garage entrance is usually located off of the lower level. 

Other characteristics include:

-      A separation of living and private areas

-      A relatively small amount of stairs to climb

-      An efficient use of space

-      Construction that can be built into the contour of the land

 

 

Chapter 5. Exterior Details

As you do your drive-bys, open houses and property showings, you will begin to appreciate the importance of structure and property maintenance.  The manner in which homes were built and how the current owners have maintained them will have a direct effect on their appeal to you as a prospective buyer. 

This chapter will cover the exterior aspects of a home with specific focus on items that can act as a key to its overall condition.  Your observations of the exterior of the home can tell you a great deal and will influence whether or not you will want to go inside for a second look.

 

The Roof

Most roofs are made with asphalt shingles. This material can be patched when a leak occurs and is relatively inexpensive.  Some owners take full advantage of this fact and layer a new roof over an existing one rather than spending the money to have the old one removed.  Be wary of this possibility because a roof with a number of layers is not going to be as durable as one that has been properly replaced since it is now taking on more weight than it should.   Look for waviness to the roof which can indicate a build-up of layers.   A wavy roof can also be a sign of excessive moisture or rotting.

One of the main causes of leaking roofs is that the flashing has failed.  The flashing is the material that is preventing water seepage in the area where the chimney meets the roof.  It can sometimes be punctured or torn due to old age and corrosion.     

Home inspectors often do their roof inspections using binoculars, but even with the naked eye you should be able to see if the ridge of the roof is straight.   The ridge is the very peak of the roof and should not be swaying or sagging.   A sagging ridge can mean a cracked or rotted ridge beam.   Also look for lifted or missing shingles. This can indicate old age or poor maintenance.

Always ask the seller or broker the age of the roof.   If the roof is the original one on a home that is 20 years or more, it is something to take note of.   The life expectancy of an asphalt roof is usually 20-25 years.   It could last longer depending on climate and maintenance, but these numbers are guidelines that manufacturers use when issuing their warranties.

Once you are inside of the house you should check the ceiling areas for any signs of water damage.   Water marked ceilings can indicate that the roof has been leaking.  These markings can also be a result of ice damming.

An important factor that plays into the quality and life expectancy of a roof is ventilation.  A roof must be able to breathe.  The positive airflow that comes from proper ventilation allows a house to breathe and prevents moisture build-up.  That is why it is significant that the contractor did a proper job of installation.

When heat and moisture build up in the attic through warm weather and household activities such as showers, laundry and cooking it can damage rafters and shingles and promote premature aging.  Vents allow outside air to move through the attic resulting in a longer lasting roof.  Because of this, you will often see a long piece of material running from one end of the ridge to the other.  This is a ridge vent.  You should also see what appears to be a pipe or pipes sticking up out of the roof. These are plumbing and attic vents.

                                                                                              A typical asphalt roof with attic vents                   

                                                                                                                        

Water Drainage

Water should not be allowed to run wherever it wants to on a property.   It should always be directed away from the house.  This is usually accomplished with the installation of gutters and vertical downspouts.   The idea is to catch rainwater from the roof and lead it away from the home preventing water from seeping into the foundation and causing a damp basement.  

Guttering can be thought of as a necessary evil since it is not particularly attractive and requires a certain amount of maintenance.  It is a natural collection area for leaves, twigs and pine needles and should be cleaned out regularly.  This process can be helped by covering the gutters with removable screens or caps which can be popped off when necessary and run through with a garden hose. 

Most of the gutters installed on homes are galvanized steel or bare aluminum which should be painted to match the home.  There is also aluminum with factory baked enamel paint and vinyl gutters.  Vinyl gutters can become brittle in the cold weather but require very little maintenance. 

Sometimes a home has natural drainage due to the slope and contours of the land. In this case, gutters and downspouts may not be necessary.  If you are looking at a home without gutters, check the grading of the property to ensure that any water problems are being directed away from the structure.

The most common problem with gutters is their installation and maintenance. When viewing homes, take note as to whether downspouts are securely fastened to the house and seem to be performing their desired function.  If they are bent, sagging or not aiming the water away from the structure, they are in need of repair.                     

Windows

As you walk around the house the most obvious window problems are broken or missing panes of glass. These should be repaired by the seller as part of the negotiations following your home inspection. It is also important to inspect the wooden frames around the windows to check for rot or to see if painting is needed.  

From inside the home, you should look at the window sills to check for chipped and cracked paint.  This is important, particularly in an older home.   If the home was built prior to 1978 there is a possibility that lead paint is present.  If you are looking at an older home and the sills are chipped, blistering and flaking, you can almost be certain that lead is present.   If the sellers have done extensive renovations, including stripping, refinishing and installing replacement windows, this becomes less of a probability.  However, if the owner is stating that there is no lead paint in the house due to renovations; ask for a lead paint “Letter of Compliance."   This is a legal letter that states that either there are no lead paint hazards or that the home has been deleaded.  It must be signed and dated by a licensed lead paint risk assessor.

Another consideration when looking at windows is whether or not they open and close easily.  In older homes windows often have a pulley, rope and weight mechanism.  Many times these are not in good condition due to the fact that the owner may have painted over them reducing their functionality.  

A single pane of glass would not be energy efficient in summer or winter.  Because of this, most homes now have double pane glass windows with a vacuum seal between each pane.   Eventually, the insulation barrier is lost.   You can tell that a window has lost its seal from the visual affect of moisture between the panes.  These panes must be replaced to regain their functionality as well as to be aesthetically pleasing. 

   

 

Siding and Shingles

 

Vinyl Siding

Due to its low cost and maintenance, vinyl siding is currently used on more houses than any other siding on the market.  When properly installed it can last many years through a multitude of weather conditions. When problems do occur, they are usually the result of poor installation.   Since vinyl contracts and expands during temperature changes, it has to be cut long enough to compensate for the difference.   If it is not cut generously, the contraction from the cold can cause significant gaps between pieces.  When this happens, the home's exterior is exposed to the elements and needs to be corrected.  Vinyl does not dent as easily as aluminum, but can fall prey to various items such as baseballs and rocks causing gaping holes.  When a home has areas with holes or other damage in the siding, those sections should be replaced. 

On the side of the house where sun is a rarity, you should check for mold, mildew or algae.  This doesn't hurt the vinyl but can damage the wood underneath if it is allowed to spread.  There is really no excuse for this problem since it has an easy solution.  The owner can simply wash it off with soap and a bit of pressure from a garden hose.   

 A tell-tale sign like this one should set off a small red flag and alert you to look more closely at the home's other possible maintenance issues.

  

Aluminum Siding

Home improvement companies sell aluminum siding with the promise that it will never need painting.  Although it comes with paint bonded onto it, many owners eventually feel the need to repaint.   This does not negate the fact that it is low maintenance when compared to clapboard or other wood siding.  One of its features is the ability to keep a house cool in the summer by bouncing back the sun's heat rays.  The siding is usually sold in a thin (.19 inch) and a thick (.24 inch) version; the thicker be able to hold up better under normal wear and tear.    

While vinyl siding has the potential of developing holes in its surface, aluminum's biggest concern is with denting.   When dents occur, paint can come off revealing the bare metal underneath.   If the dent is deep, there is often rust which needs to be sanded and repainted.  Other things to watch for are scratches and rusted nails

If you are viewing a property and are unsure of the siding material, rub your hand lightly over the surface.  Aluminum siding with any age on it will dissolve into a fine white powder. 

 

 Clapboard

The word "clapboard" got its name from the Dutch word klappen, which means "to split".  This was due to the fact that it was originally hand-split from logs of white pine, hemlock or cypress.  Clapboard is the thin, overlapping wood planks that are installed on the outside walls of the house to protect it from the weather.  Along with protection it also adds beauty to the exterior of the home.   

Clapboard is always painted, not only for appearance, but to protect the wood from the weather.  Because of this, it is important to take note of the condition of the paint.   If the paint has worn away sufficiently to expose parts of the wood it will soon result in rotting.   Mold and mildew can be a problem as well if the siding has not been maintained by an occasional wash.   

Clapboard siding has a natural beauty that many people prefer.   It's just important to keep in mind that it will have to be painted every 5 to 10 years depending on the quality of the previous paint job and the sun and weather exposure. 

 

Wood Shingles

Shingles and shakes are highly durable. When they are installed properly they can last the life of the house. They are usually made from western red cedar.  Cedar shingles can create a New England cottage-style look. Usually, five inches of shingle is exposed with seven inches underneath in a weather tight overlap. The labor of applying shingles is part of what makes this a more expensive choice of siding.

When left unpainted or slightly stained, they give a natural appearance like that of a Cape Cod home.   If you prefer, they can also be painted for a more formal appearance.

 

Composite Siding

Composite siding is made from shredded wood, sawdust and pulp mixtures turned into hardboard or various combinations of these glued together with cement.    

During the real estate boom of the eighty's a number of contractors experimented with the use of these synthetic building products and they were doomed to fail.   They tended to rot prematurely, swell, grow mildew and fungus and buckle or warp.   Some of these sidings originally came with 20 year guaranties but experienced deterioration after the first few years.

There have been over 11 nationwide class-action lawsuits involving these pr