The alternative title for this post series was going to be “Nine Things that Knock Home Buyers Off their Feet” but I thought that was rather dramatic and I’ve decided to put drama in my life away for a while. Just for a little while. So there. Anyway, I’m writing this series because some of my clients had no idea about what to expect when it came to the home buying process. Recently, I read in a book and mentioned elsewhere that the real estate market at any time is filled with people that are inexperienced buyers and sellers. The reason I repeated it is because it struck me as so true. This post is designed to make you, home buyer, a little more aware of what to expect. Today I’m talking about the as-is clause, disclosures and inspections. Today’s post is more related to the REOs, if you’re considering buying one.
The “as-is, where-is” Clause
Banks don’t like real estate. It ties up their money so that there’s less to lend and reduces their profits. So when a bank (read lender, mortgage company, etc.) acquires a piece of real estate, either through foreclosure or a short sale, something I like to refer to as an “almost-foreclosure,” (Note: A bank doesn’t come into direct possession of a home when a short sale occurs. Rather, the owners have let the bank know they cannot make any more mortgage payments and the bank forgives the loan and sells the home short. It’s an alternative to the traditional, otherwise eventual, foreclosure.) the bank wants to get it sold.
Chances are, the lender has already lost money on the home. Add to that the fact that none of the lender’s representatives have ever been inside the property and have no idea what is wrong with it. Thus, most banks will have an “as-is, where-is” clause in the contract. As such, the bank will make no repairs to the home. What you see is what you get. (And sometimes, you get more than what you see.) In fact, the “as-is, where-is” clause is so common that if the lender does want to make repairs, it will be advertised prominently in the listing to draw buyers!
As a home buyer though, you should know that just because the contract says “as-is” does not relieve the banks of giving you time to get your inspections. And get your inspections you must! If something does come up as a deal-breaker for you, you can always get out of the contract, and provided you do it during the contingency period, you will get your good faith deposit back.
Disclosures
Okay, so you have found the ideal home. You think it’s perfect! Your Realtor® shows you the CMA and you decide it’s a fantastic deal! Now, what could be wrong with it? In a “normal” sale, a non-distressed sale, the seller would have to fill out a Transfer Disclosure Statement in which he would tell you anything he saw as a potential problem. This time, the seller is a bank. And the problem, of course, is that chances are the bank - or any of the representatives of the bank - has never set foot in the home that is now on the market. So they have no idea what’s wrong with it, so how can they disclose anything to you, the buyer?
What you will receive however from the two Realtors® involved is an agent’s visual inspection. This should name all the potential red flags the agents note. Be sure to read these two disclosures along with all the others you receive during escrow and go over them with your property inspector. Don’t be afraid to pick on every little thing if it bothers you. In the absence of any “real” disclosures, you have to depend on your own inspections and your Realtor®.
Don’t expect any help from the lender. Most home buyers don’t expect this and think that the bank will tell them if there is anything wrong with the home. Disclosures are important, but even in a non-distressed sale, real estate brokers will always insist you get your property inspections.
Inspections
Inspections, as I have covered elsewhere on this blog, are paramount to making a good real estate purchase. Which inspections should you get? A termite, roof and property inspection are the main three. If you live in the country, a septic inspection is also important. If there are any specific concerns you have - like mold - it’s not a bad idea to get that, too. Be sure to get these inspections during the contingency period. That way, if you do discover something that you do not like about the home, you can always back out of the escrow and get your good faith deposit back. If the inspections are scheduled after contingencies are removed and you discover something which makes you back out, you will lose your good faith deposit.
That being said, home buyers should be aware that certain things might still go unnoticed during a property inspection. This one happened to me: my friends bought a bank-owned home when the power was turned off. As such, the home inspection was not as thorough as it could have been. (REOs often do not have power. You should try and get the power turned on before you get your inspections. Sometimes, the timelines don’t work, however, and that’s what happened to us.) After escrow had closed, they discovered the home had no hot water. Further plumbing inspections revealed that the plumbing in the home needed work. When we asked the home inspector why he didn’t catch it, he said that such an in-depth plumbing inspection was not required of a home inspector. Thankfully, the repair cost a few hundred, not a few thousand. So, get all your inspections and then some. It might seem overly cautious, but it’s not.
I thought I should do this series because many of the homebuyers out there in the market today are first time buyers. While I love that the recent real estate downturn is inspiring many people to buy homes - something that was out of their reach in Sacramento for a long time - the market is unfortunately filled with REOs and thus also full of risks. Most of the time, the purchase works out just fine and many homeowners today are so thrilled that they bought a bank-owned home because they got such a fantastic price, but sometimes things don’t quite work out. Either way, I like to inform my home buyers what to watch for.
In the next two parts, I’ll be going over other concerns home buyers have regarding a purchase that are common to both REOs and non-distressed sales. Come back for that, and Happy House Hunting!