Buying A Home In Texas

Defining Your Ideal Home The property you buy will be much more than a house; it will be your home. The following questions can help you describe the things that are most important to you in your ideal home and neighborhood. Who will be living in your household? Will you often have other family members or friends visiting for more than a few days at a time? If you will be working outside your home, what would you consider a comfortable commute (in time or distance)? Will you be working at home? What are the most important activities forthe members of your household? (For example, hobbies, recreation, school, entertaining, religious or cultural activities.) What are one or more features you liked most about homes you have lived in previously? This might include style: floor plan, yard, view and neighborhood. What is something you disliked about the house or neighborhood where you have lived previously, and that you would want to avoid in your next home? What are the most important “must have” features of your ideal home and neighborhood? Why are they important?

Agency Relationships When real estate professionals work with buyers and sellers, “agency” relationships are established. As you start working with a real estate professional, please ask for a clear explanation of current agency laws, so that you understand these important issues. There are three kinds of agency relationships: · Buyer’s agent — represents the buyer during the home buying process. The buyer’s real estate professional (agent) has a fiduciary responsibility to represent the buyer’s best interests including reasonable care, loyalty and confidentiality. · Seller’s agent — represents the interest of the seller and has a fiduciary responsibility of reasonable care, loyalty, confidentiality and disclosure to the seller. A seller’s real estate professional (agent) works to assist the seller in locating a buyer and in negotiating a transaction suitable to the seller’s specific needs. · Intermediary Relationship — W hen purchasing a property listed by Prudential Gary Greene, buyer and seller may authorize the broker to act as an intermediary between the buyer and seller. The broker is required to treat each party honestly and fairly, caring out client instructions and providing advice and opinions during negotiations. Agents may not disclose confidential information to another party without authorization.

BUYER’S AGENCY that makes a DIFFERENCE ! The Buyer is a CLIENT(Buyer’s Agency) The Buyer is a CUSTOMER (Realtor/Broker has a contract (Broker has contract with the BUYER) with the Seller ONLY) 1. A Brokerage company’s duty of 1. A brokerage company’s duty of full confidentiality allows the buyer to fully disclosure to the seller client means that disclose their needs without fear of the buyer should not tell the agent harming their negotiating power anything (such as need to buy quickly, not being pre-qualified, home not yet sold) that might hurt their negotiating position. 2. The agent can show the buyer everything 2. The broker’s job is to find the best buyer available, including homes for sale by for their seller’s homes; therefore, they owner, so that the buyer can have the should only show homes where they are broadest selection available. the listing agent or sub-agent. 3. The Realtor may assist the buyer client in 3. The Realtor must not assess the property making an objective evaluation of a or discuss negative aspects of the property, including both positive and property other that material facts. negative features. 4. The Realtor can present and analyze 4. The Realtor may only provide detailed market information, to guide the comparative market analysis’ which buyer in making an informed decision. support the seller’s listing price. No analysis may be presented. 5. The Realtor can determine the length of 5. No information that might be harmful to time a home has been on the market, the seller, such as days on the market or plus any changes in pricing, re-listings, or price changes, may be given to the buyer. previous sales. 6. The Realtor can enhance your 6. The Realtor will package your offer in a competitive bargaining position by way that is favorable to the Seller. packaging your offer in the most favorable terms. 7. The Realtor will provide strategic advice 7. The Realtor, working in conjunction with and counsel regarding counter offers and the Seller’s Realtor, will attempt to get the negotiations. most favorable terms for the Seller.

WHEN YOU BUY A "RESALE" HOME IN OUR COMMUNITY .... After finding the house you wish to purchase, an offer is written on forms designated by the Texas Real Estate Commission. An Earnest Money check is written at this time, but held by the selling agent until the offer is accepted. (Unless this offer is being negotiated with a Relocation Company) you will also write a small “option money” check to the seller at this time. Your offer is presented by the selling agent to the listing agent, who in turn presents the offer to the seller. A seller may negotiate one offer, or several offers at the same time. In practice, offers are negotiated "verbally" until agreement is reached, at which time they are finalized in writing and signed. You do not have a firm contract until you have received it, signed by the seller and all parties. The contract and earnest money check are sent to the title company, where the earnest money check is now DEPOSITED into an escrow account, and a title search is begun. Within 20 days from the date of contract, the title company should mail or e-mail a title commitment to all parties, indicating if there are any problems to a clear title. The option money goes to the seller, who will bank it. Per the contract, you (the buyer) will have approximately 5 days to initiate your loan process. You will pay for your credit application at this time, and the balance will be paid at closing. Per the contract, you will have approximately 10 days (“option period”) to order a mechanical/structural, termite, and (if desired) pool or air conditioning/heater inspections of the house. You (the buyer) choose the inspection companies and pay for the inspections at the time of inspection. During this same Option Period, repair items of importance to your purchase of the home are negotiated. The appraisal is ordered by the mortgage company. Your lender should be requested to not order this appraisal until after the option period is concluded. Designated repairs are generally completed by the seller after the loan has been approved. The survey (if not already supplied by seller) is ordered after loan approval. A closing date and time are scheduled. "Closing" takes place in Texas at a Title Company. Often, all parties are present at the same table. Funding usually occurs the same day. In general practice, lawyers are not normally involved in real estate sales and closings in Texas, but may be if one so desires. Possession of the home usually occurs upon funding, although "special provisions" in the contract may be made for the seller to rent the property back for a short period of time.

WHEN YOU BUY A NEW HOME IN OUR COMMUNITY .... As the majority of their sales come through REALTORS, NEW HOME BUILDERS in the Houston area work hand-in-hand with REALTORS to assure the Buyer of a smooth transaction! In order to be totally satisfied that you have made a wise choice in your home purchase, you will want to look at both "resale" and new homes, comparing bottom line prices, condition, areas, etc. As a courtesy to the REALTOR that you choose to work with, please be sure to let new home builders know with whom you are working, and, if you have one, give them the REALTOR's card. (Commission paid to your REALTOR by the new home builder is built into the price of the home. If you are not working with a REALTOR, that "commission" is budgeted by the builder for other aspects of his business. Builders in the Houston/Woodlands/Kingwood area do not consider the REALTOR’S commission an item to be negotiated.) After finding the house you wish to purchase, an offer is written and an Earnest Money check is presented at this time. (Should your plans change, this check will be refundable.) You should be prepared to make major decisions at the time you sign the paperwork in the new homes sales office. In order to finalize the contract, they will request that you choose your "upgrades" at that time. Depending on how soon you will be moving into the house, you may also be asked to choose your carpet, wallpaper, paint, tile, linoleum, etc. This may take several hours. The new home offices may offer to pay some of your closing costs, etc., if you choose to use one of their mortgage companies for your transaction. This is not mandatory for the purchase of the home, but is an incentive that many of them offer. When large numbers of families with one company are relocating to the same area, new home builders, through their mortgage companies, frequently offer attractive interest rates to entice the newcomers to buy their homes.

A New Home Salesman’s job is to fit you into his builder’s particular home and location. Your REALTOR’S job is to find the home (and location) that fits YOU! Your REALTOR has access to information on new homes all over the greater metro-plex area, and can assist you in making objective evaluations regarding the property as well as the builder or home. A New Home Salesman’s job is to sell a home for as much money as possible for their builder. Your REALTOR is often aware of special terms or money that can be negotiated out of the price, thus helping to cut your costs and creating more value. REALTOR FEES are a part of the builder’s built-in costs and cannot be negotiated out of the contract in order give you a “better deal” (in the greater m etro-plex area). Your REALTOR is your advocate and can protect you from having items that were negotiated or considered to be a part of the home’s standard specifications “disappear” before the home is finished. Have you ever heard of anyone building a new home that didn’t have problems?! Your experienced REALTOR is your counselor and facilitator when issues arise. Your REALTOR is experienced in dealing with new home construction sales. Should you have a qualified home inspection? When? What up-grades are valuable for resale purposes. Which items should you do yourself, and which should the builder do? Your professional REALTOR can help. Problems after the sale? Your REALTOR has experience and resources that will help! Builders like working with REALTORS and encourage their repeat business by responding to their needs. When making one of the largest investments of your life, why would you NOT want someone to represent YOUR INTERESTS?? Buying a new home? The DRUMMONDS never stop working for YOU!

OPTION PERIOD (?!?) Hypothetical situation: The last time we purchased a home in Texas, we agreed to a repair limit (such as $500) when we wrote to contract. We didn’t know what shape the home was in, the seller disclosed no problems, we guessed at the amount of repairs the home might have and put that figure into our offer. After we did our inspections, the amount actually came to $1500. The seller refused to do them, per our contract for $500, but we had to move quickly so we bought the home and have had to do them ourselves. Texas no longer has an Earnest Money Contract, but rather an “option contract.” It does NOT provide for: 1. An agreed dollar limit on what the seller will spend toward repairs. 2. Designation of repairs from inspections. 3. Obtaining repair estimates. 4. Allowing seller or buyer to back out if repairs run over budget. 5. Setting time limits to make the choices. 6. Arranging and completing repairs before closing. Texas now offers two choices: Buyer sided - an OPTION to buy, favoring the buyer. Seller sided - an “as is” sale, favoring the seller. Almost all offers are now an OPTION offer, giving the buyer an option to purchase the home. The seller agrees to sell, IF the buyer wants to buy. The buyer does not make a firm promise to purchase the home. With a promise on the seller’s side and no commitment on the part of the buyer, this could not be a contract – unless the buyer pays for this option. An option contract requires option money. The option money is usually in the form of a check made payable to the seller. The seller keeps the money if the buyer decides not to purchase the home. The buyer is purchasing a period of time, during which presumably the buyer will inspect the property, get repair estimates, negotiate any items of major concern with the seller, and then make a decision to buy or not to buy the home. This cannot be done for free, because the seller suffers a loss by keeping the property tied up in contract and not really on the market. How long is the option period? In practice, about 10 days. Less than this has proven to make it difficult to have inspections scheduled, report received and still leave time to work out any repair problems. More than this amount of time keeps a home off the active market for too long. How much is the option fee? In practice, about $100 (less if a seller will accept it; more if a buyer wants to strengthen the offer). There is little doubt that the amount should be much greater, but the buyer is seldom willing to pay more than necessary. The option money needs to be enough to make the contract binding and enforceable between the seller and buyer.

The option fee is NOT earnest money. Earnest money is refundable during the option period, then “goes hard” at the end of the period. How are repairs handled? In practice, the buyer may request that certain repairs identified by the inspector be completed. The seller is under no obligation to complete them, but then the buyer might refuse to buy the home. The seller must disclose the inspection report or repair information to subsequent buyers. Here’s a likely scenario: 1. The buyer and seller sign the contract. 2. The buyer has inspections and (buyer or seller) gets repair estimates. 3. The buyer writes the seller, requesting certain repairs, at the seller’s expense. 4. The seller agrees to all (or a portion) or the request. This is put into a new agreement. 5. The option period is concluded and the sale is closed. There is no pre-agreed amount of funds the seller is committed in advance to spend on repairs. Therefore, the buyer cannot be too sure the seller will agree to pay for anything at all. The seller may refuse to pay for them. However, the seller will be able to pay for repairs from a position of knowing what the buyer’s inspectors say, and based on repair estimates. All of this information will be received during the option period of the contract (usually the first 10 days), which is a much more knowledgeable position from the old days, when the seller and the buyer were just shooting in the dark and guessing what might be needed in repairs. The seller will also be able to see more clearly the disadvantage of not paying for repairs that are really needed, and the seller who refuses to close will be stuck with making these same repairs for the next buyer. How do we know that the option period is over? IF the buyer does not give WRITTEN NOTICE to kill the option, then the buyer will be deemed to have accepted the property as agreed or “as is.” (Above information by Jim Wiedemer, attorney)

Many times it’s very difficult to sign a document and fax or .pdf or mail it back to a REALTOR in timely fashion. No Pen Required! We offer an ELECTRONIC SIGNATURE SOLUTION!

USEFUL INFORMATION ABOUT FLOOD INSURANCE The Texas Gulf Coast, a relatively flat area without substantial elevation, is subject to torrential storm systems, including hurricanes, which often produce inordinately heavy rainfall. These storms sometimes produce rainfall so heavy that the most carefully engineered and comprehensive drainage system cannot always cope with the abnormal runoff. Most lots will be located outside of the 100-year flood plain according to the current Flood Insurance Rate Maps Published by the Federal Emergency Management Agency (“FEMA”) at the time the lots are platted. Some lots may be located partially within the 100-year flood plain but will generally have a building site outside this 100-year flood plain. A 100-year flood, according to FEMA, means that there is a 1 percent chance of water reaching the level of the 100-year flood plain every year. This does not mean that the water cannot rise to elevations greater than that predicted by FEMA for a 100-year flood. For example, in October 1994, the Spring Creek water shed area, which includes The Woodlands, experienced an extreme rainstorm. This event resulted in flooding of portions of The Woodlands above the 100-year flood plain. In fact, authorities have calculated the rate of flow in the Spring Creek water shed to have approximated a 500-year storm event. While such an extreme flood has only a FEMA predicted 0.2 percent chance of occurring in a year, it is impossible to predict (other than statistically) whether and when such a flood, or an even greater flood, may occur. You are encouraged to obtain from your builder, or the Harris or Montgomery County Floor Administrator, relative flood plain information regarding your lot, and to consider maintaining flood insurance in effect for your home. Flood insurance was made possible by passage of the 1968 National Flood Insurance Act, a program administered by the United States Government. Any licensed insurance agent in Texas can write this coverage and, of course, provide you with additional, detailed information, including the required waiting period and specifics of coverage. Everyone hopes they will never suffer violent storm damage. But you may want to consider purchasing flood insurance, in addition to other hazard insurance, as a relatively inexpensive alternative to constant worry about property and financial loss. As a matter of interest, experienced Houstonians who have been through a hurricane here on the Gulf Coast suggest having things like canned goods, other food items that do not need refrigeration, candles, flashlights, portable radio, batteries, drinking water and other similar items. These supplies come in handy during periods when damage has occurred to utilities and when roads and highways may be impassible. If you wish, you may obtain a recommended emergency supply list from the local Civil Defense office. This information provided by TheWoodlands Corporation.

A Smooth Transition to Your New Home Here are some things to consider as you make the move to your new home. We can suggest local professionals for many of these services. 4 weeks before your move Contact and contract with a reputable moving company. Have school records transferred. Arrange to transfer (or take with you) medical, dental and other important records. Prepare to transfer your homeowners and auto insurance to be sure you will be covered for any unforeseen disasters. Hold a garage sale to get rid of unneeded items; arrange to place excess items in storage. Keep track of moving-related expenses. (Check with your accountant to find out what expenses will be deductible). 3 weeks Obtain and mail change-of-address cards to the post office, subscriptions, credit card companies and important contacts. 2 weeks Arrange for final utility reading at your former residence the day after your move and have utilities and phone turned on at your new home the day before you move in. Close or transfer bank accounts. Terminate newspaper delivery service. Arrange for transfer of vehicle licenses and driver’s licenses. Have an extra supply of prescription medications for the next four weeks. We will schedule a final walk-through of the property to make sure everything is in order. Week of your move Keep valuable financial records and personal papers with you; do not pack them with the rest of your household goods. On closing day, the home purchase documents record and the home is yours. Move in! After you move in Consider plans for landscaping design, installation and maintenance. Review home security requirements and systems. New home furnishings, appliances and interior decorating will help make the house your home. Enjoy your new home!

Components of a Mortgage A monthly mortgage payment can contain several components: Principal The original balance of money loaned. As the loan is paid over time, the principal is the remaining loan balance. Interest The charge for the use (loan) of money. The interest rate remains constant in a Fixed Rate Mortgage. The rate can vary according to specified guidelines over the life of an Adjustable Rate Mortgage (ARM). Property Taxes The county assessor charges property taxes based on the value of your home. Two tax installments are due each year. Insurance Protection against loss resulting from certain hazards, such as theft or fire. The standard policy pays replacement costs, minus depreciation based on actual cash value. You will need to obtain homeowners insurance from your own insurance agent. Private Mortgage Insurance (PMI) Loans with smaller down payments involve greater risk for the lender, who requires protection in case the loan goes into foreclosure. Without PMI, lenders would be reluctant to offer loans with lower down payments. Anything less than 20% down payment usually requires PMI.

Loan Application Checklist The following information is typically needed when applying for a mortgage. Purchase contract and property information Copy of the sales contract Mailing address and property description Contact information for access to the property Plans and specifications (new construction only) Personal information Social Security number Age Years of schooling Marital status Number and ages of dependents Current address and telephone numbers Addresses for the past seven years Current housing expenses (rent, mortgage, insurance, taxes) Name and address of landlord or mortgage holder for past two years Employment history and income Two years of employment history, with complete details of each job Recent pay stubs and two years of W-2 forms Complete tax returns and financial statements if self-employed Written explanation of employment gaps Records of dividends and interest received Proof of other income Assets Complete information on all bank and money market accounts Two months of bank statements Current values of stocks, bonds, mutual funds and other investments Vested interest in retirement funds Value of life insurance Information on vehicles you own Information on real estate you own Value of significant personal property you own Liabilities and debts Itemized list of all current debts (loans, credit cards and other bills) Written explanation of past credit problems Full details of bankruptcy during the last seven years Fees Credit report

Are you thinking about buying a home–or refinancing? You need to know about CREDIT SCORING! What is my Credit Score? Scores range from approximately 375 to 900 points. The higher the score, the Your credit score is a number used by a lower the risk of default. Below 600, for lender that indicates how likely you are example the chances are considered to pay on a loan. It is one piece of one in eight that the loan will go bad. information a lender will use when Above 800, however, the odds improve evaluating your application for credit. significantly to just one in 1,292. This numerical value is based on: How can I improve my Credit Score? 1. Your past payment history. 1. Be on time with ALL payments! 2. Your outstanding credit 3. The amount of credit available. 2. Close out the cards you don’t use, by written request. The way you have handled credit in the 3. Pay down those cards you use to no past is a strong indication of how you will more than 50% of your potential credit probably manage credit in the future. balance. (Under 35% will improve your Credit scores can’t predict with certainty credit score remarkably.) how you will act, but they do provide a 4. Refrain from opening a lot of new quick, accurate and objective estimate of accounts. The computer sees a short- how likely you are to repay on time and lived credit record as an indication of according to terms. risk. What does the Credit Score mean? With scoring, computers sift rapidly CREDIT BUREAUS: through data in your credit files to identify distinct credit patterns, each of Equifax Information Service Center Wildwind Plaza, 7200 Windy Hill Road, Suite 500, which corresponds to a likelihood that Marietta, GA 30067 800-685-1111 the borrower will make his loan TRW Consum er Assistance Center payments as agreed. P.O. Box 749029, Dallas, TX 75374 214-235-1200 Trans Union Consum er Relations Center 25249 Country Club Blvd., P.O. Box 7000, North Olmsted, OH 44070

Does Your CLOSING DATE Make a Difference? There’s a common belief that you can “save” a lot of interest by closing at the end of the month rather than sometime during a month. Not true. Mortgage companies don’t lend money for free! The interest on all mortgage payments is paid in arrears. This means that with any mortgage payment you are paying interest owed for the preceding month. Since the principal amount of a new mortgage payment is very small, basically you can say that your mortgage payment (actually, the interest) is paid in arrears, for the preceding month or days that you owned the home. Because of this, your first mortgage payment will always be due at the end of the first full month you took out the loan. If you close at the end of November, your first full month will be December, and your first payment will be due January 1st – about one month after closing. If you close in early December, your first full month will be January, and your first mortgage payment will be due on February 1st – almost two months after closing! However, if you close early in the month, not the very end, you will be required to pay interim interest from the day you close to the end of the month. (In this single case, you will be paying interest in advance!) For example, if you close on the 10th of the month, you would pre-pay approximately 20 days of interest to cover the period from the tenth to the end of the month. This amount will be due at the closing table. If you close on the 30th, you wouldn’t pre-pay any interest, but your first mortgage payment would be due in one month’s time. Closing at the end of the month doesn’t “save” you any money. However, if you are short of cash, it will reduce the amount of funds required at the closing table.

How We Can Help You We will apply our knowledge and expertise to help you find the right home. Here is what you can expect from us: i We will work with you at every stage of the home-finding process, from the initial selection of properties to view, through the presentation of a purchase offer, to obtaining financing and the completion of the transaction. i Communication is important. We will want to agree to a system of regular contacts (whether in person, on the phone, by mail, fax or e-mail) so that you can be kept informed at all times. i We will give you reliable information and solid advise so that you can make informed decisions. Please don’t hesitate to ask questions. i It is our hope that you will be so pleased with our service that you and your friends will turn to us for advise on your future real estate needs. Your REALTORS, Mike and Jean Drummond

About Our Company Regional Sales and Marketing Center 9000 Forest Crossing The Woodlands, Texas 77381 Nobody knows The Woodlands, South Montgomery County, Conroe and Spring better than Prudential Gary Greene, REALTORS®. We’ve learned everything there is to know about the area one home at a time. Prudential Gary Greene, REALTORS® (form erly W oodlands Realty, then Gary Greene, REALTORS ®/Better Hom es and Gardens) has been serving the community since 1974. We have grown to become the area’s most successful real estate firm by building on a tradition of integrity, quality and service. Our mission is to assist you in achieving your real estate goals by delivering premier quality Professional Real Estate Services. Prudential Gary Greene, REALTORS – The Greater Houston Area’s Number One Broker. Because of its reputation for exceptional service in the marketing and sale of residential real estate, Prudential Gary Greene, REALTORS is the Houston area’s exclusive representative. Established in 1975, Prudential Gary Greene, REALTORS is ranked as the area’s leading real estate company by the Houston Business Journal, and among the top brokerages in the nation by National Real Estate and Relocation magazine, a leading industry information source. The owners are partners, and are active in the daily operation of the firm, working closely with the management team. Regional Sales and marketing Centers serve every major residential neighborhood in the Houston area, and are staffed with over 1000 sales and marketing executives. Independently owned affiliated brokerages serve surrounding areas.

We have a PARTNERSHIP ....... with YOU!! Jean was raised in the foothills of the Appalachian Mountains, in the Allegheny Forests of Warren, Pennsylvania. She received her bachelor's degree in French at Oberlin College in Ohio. During the following several years, she was employed as a Vietnamese Transcriber for the National Security Agency in Maryland. She has been involved in marketing since 1973, when she moved to Houston. Mike is almost a native Houstonian! Following an education at Texas A&M and The University of Texas at Austin, Mike served in the Navy as a pilot. He has been in sales and sales management for the past 30 years, specializing in industrial systems. In 1986, Mike and Jean moved to The Woodlands. They have one beagle and four children, all grown and living in Texas, California, and Georgia. Over the years, Jean and Mike have been avid tennis players and Explorer Scout leaders. Currently, Jean and Mike are facilitators for The Woodlands United Methodist Church Camera Club, and love to photograph nature. For relaxation, Jean works with polymer clay, tries new recipes constantly, and loves to go camping! Mike is a camper as well, but prefers a campsite adjacent to a golf course! Jean has been a REALTOR® since 1991, receiving Coldwell Banker's "Silver Circle" for excellence in production at the end of her second year, and earning membership in RE/MAX's elite "Executive Club" in 1994. In 1995 she very proudly joined the Prudential Gary Greene Realtors team. She served on the 1994 Executive Board of the Montgomery County Association of REALTORS® , a position elected by fellow REALTORS® , and has chaired the MCAR Grievance Committee. She is a Graduate of the Real Estate Institute (GRI), and has her CRS (Certified Residential Specialist) designation, and is recipient of a number of company awards. Mike joined Jean at Prudential Gary Greene Realtors in the fall of 1995. He received his ABR certification for Buyer Representation in 1999. He has served a two-year term as a Director on the Gary Greene, REALTORS, Agents’ Council and organized a computer club at our Gary Greene REALTORS Woodlands Regional Office. He has been a member of Prudential’s President’s Circle (top 5% of Prudential REALTORS nationwide). His years of experience in the sales and service fields, his expertise in the computer world, and his genuine delight in solving problems and helping people have made him an ideal and enthusiastic partner for this team. Real Estate is a personal service business. Don't hire a company; hire a person. Buying or selling a home is a major business transaction and should not be left to chance; nor is it something that you should "let a friend try." Trust the buying or selling of your home only to a PROFESSIONAL. Accept nothing less than EXCELLENCE.

Do you want someone who will help you SHOWCASE YOUR HOME for the FASTEST SALE at the HIGHEST PRICE? W e believe that our business is NOT about com pany awards or selling a house. It’s about your fam ily, your com m unity and your life, and we will endeavor to provide you with excellent service, innovative m arketing, and com m unication along the way.

Buying A Home In Texas

by Mike & Jean Drummond on Apr 04, 2010

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Buying A Home In Texas — Document Transcript

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