| Surviving
Escrows Panic?
Well, maybe a little. Besides that, follow these suggestions (and
your realtor's advice) and you'll soon be the proud owner of a new
home.
After you've signed on the dotted line, you'll
be asked to provide a check for the "earnest money", showing
that you are a serious buyer. In Southern California, the standard
of practice is that a deposit in the amount of 3% of the purchase
price is deposited into escrow. This deposit check may also be held
by an attorney or the broker's trust account, however this is not
usual in Southern California. Make sure that there are sufficient
funds in your account to cover this check.
The deposit check will be cashed. Assuming
the sale goes through, this money will be applied to the purchase
price of the home. If for any reason the sale is not consummated,
you may be entitled to receive all of your deposit back, less standard
cancellation fees, or in certain instances, the seller may be able
to retain this money as liquidated damages. Prior to executing a
purchase contract, it would be wise to speak with your counsel regarding
whether or not it is your best interest to have a liquidated damages
clause as part of the contract.
The period that you are "in escrow"
is often 30 days, but may be longer or shorter. During this time,
each item specified in the contract must be completed satisfactorily.
By the time you have opened escrow, you have come to an agreement
with the seller on the closing date and the contingencies.
Each contract is different, but most include the following:
- Inspection contingency. This should
be completed as soon as
possible after the contract to purchase is signed, as unsatisfactory
results of the inspection may mean that you will want to cancel
the contract.
- Financing contingency. Once the
contract is signed, you have a
period of time to secure funding. If, for any reason, you are
unable to secure funding during the period of time granted to
you by the contract (and the seller will not provide a written
extension of time), you must decide whether you want to remove
the contingency and take your chances on getting a loan or cancel
the purchase contract.
- A requirement
that the seller must provide marketable title.
With an attorney or title officer, review
the title report. The title
must be "clear" to ensure that you don't have legal issues
regarding your ownership on down the line.
Check into local and state ordinances regarding
property transfer and make sure that you and/or the seller have
complied with them.
Secure homeowner's insurance. This most probably be required before
you can close the sale. In Southern California, due to such requirements
as special fire and earthquake insurance, obtaining this insurance
may require a lengthy period of time. It would be in your best interest
to apply for insurance as soon as possible after the contract is
signed.
Contact local utility companies to schedule to have service turned
on when you close escrow.
Schedule the final walk-through inspection. At this time, you should
make sure that the property is exactly as the contract says it should
be. What you thought to be a "permanently attached" chandelier
that would come with the property might have been removed by the
seller and replaced with a different fixture entirely.
You've made it! Once the sale has closed, you're the proud owner
of a new home. Congratulations!
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