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Les &
Becky Freed, Realtors
Century
21 Advantage
4071 Bee
Ridge Road
Sarasota,
FL 34233
941-927-6196
Buying a Home in Florida - 2010 Edition
Buying a home can be a traumatic experience,
but it doesn't have to be. Every year, we help dozens of families,
individuals, and investors with the sale and purchase of their property.
The majority of our clients are from out of
town, often from outside of the US. We work with a network of professionals
- including mortgage brokers, title agencies, insurance agencies, attorneys,
and other Realtors - to help make your transaction as smooth and stress-free
as possible.
We've created this guide to help you understand
how the home buying process works here in Florida.
House or Condo? Villa or Townhouse? Hi-rise or
Patio home?
The first hurdle you need to get past is one of
terminology. There are a wide variety of different types of homes available
in Sarasota, so your first decision is to determine which type best suits
your needs and lifestyle.
There are two major classes of homes. Single
Family homes are traditional detached homes with a yard or garden.
Condominiums are multiple-family homes where you own your home but share the
land (and often other amenities such as a pool, tennis courts, or beach
access) with the other homeowners in your condominium. There is also a third
class of property - called "maintenance free homes" - where you own the home
and land, but the homeowners association provides some or all of the
exterior maintenance.
Here's a brief breakdown on the pros and cons
of each:
Traditional single family homes are the
most common type of housing in Sarasota. You own the house and the land and
are typically responsible for all maintenance of the property. Home prices
vary widely according to the size of the house and the property. Typical 3
bedroom, 2 bath homes prices start at about $150,000 and go up to several
million dollars. Of course, location pays an important role in determining
the price of a home. Homes closer to the beach command much higher prices
than those homes further inland. In addition to their higher cost, coastal
homes cost more to maintain, and they also carry much higher flood and wind
insurance premiums. Many of Sarasota's oldest and finest homes are located
on some type of water, either on the Gulf of Mexico, Sarasota Bay, or one of
the hundreds of man-made canals that were cut into the edge of the bay to
create more waterfront homes.
The majority of newer homes are located in
deed-restricted subdivisions. Deed restrictions place limits on what owners
can and can't do with their property. Each subdivision has its own
homeowners association, and the association is responsible for enforcement
of the deed restrictions. Some deed-restricted communities also provide some
shared amenities like a pool, recreation area, or tennis courts; these are
also managed by the homeowners association. Some subdivisions are gated,
either using an electronic access control system or a live guard. While
these offer an extra degree of security, they are costly to operate, and all
of the homeowners share that extra cost.
Many new home developers offer maintenance-free
single family home communities. These communities combine the privacy and
larger living space of a single family home with the convenience of
condominium-style maintenance. In a typical maintenance free community, the
homeowners association takes care of most exterior maintenance, including
the lawn and garden, and some even take care of the pool and exterior
painting. Owners pay a monthly or quarterly fee for maintenance, but the fee
typically isn't much more than you'd spend for maintenance on your own.
These homes are ideal for part-time residents who prefer the privacy and
freedom of a single family home.
Condominiums - once found only in
Sarasota's coastal and downtown areas Ð have made their way inland as well.
The majority of condos in the Sarasota area are low-rise (up to 4 floors)
and mid-rise (up to 15 floor) apartment buildings with one or more condo
units per floor. In addition to traditional apartment-style condos, there
are a large variety of condos including town homes (two-story, multiple-unit
buildings) and patio homes (one-story condos with a small yard or garden).
There are even a few condo communities that offer free-standing
single-family homes that are deeded and maintained as condominiums.
When you purchase a condominium, you are buying
the interior of the building as well as a fractional share of the common
grounds, the building itself (often called "the shell"), and the land. Condo
owners pay a monthly or quarterly association fee that covers insurance on
the building and common areas, exterior maintenance, landscaping, and
security costs. Many condos provide pest control and basic cable TV as part
of the condo fee. Buyers should be aware that the condo fee is not
all-inclusive. Condo associations may require owners to pay a special
assessment to cover unusual expenses such as a major roof repair.
Because many owners share a single piece of
land, the cost of a condo is often lower than a comparable single-family
home. This is especially true for beachfront and downtown condos, where the
scarcity (and resulting high cost) of land has put single-family home
ownership out of the reach of most buyers.
Condominiums are governed by a condominium
association, and most condos have extensive rules and regulations designed
to protect the rights, privacy, and property value of all of the owners in
the association. Because each condo has a unique set of rules and
regulations, prospective buyers of condos are allowed three days (15 days
for brand-new buildings) to review the condominium association documents.
Finding Your Dream Home - and the Money to Buy
It!
Once you've made the condo vs. single-family
home decision, it's time to start the search for your new home. Unless you
plan to pay cash for your new home, there are two important steps you should
take before you start looking for your new home.
First, find a good, reputable mortgage broker
that is licensed to do business in Florida and who has actually closed a
loan in Florida. Some out-of-state mortgage brokers are not familiar with
the way things are done here, and that unfamiliarity can cause major
problems at closing time.
Second, ask the broker to take your credit
application and provide you with a pre-approval letter. This process used to
take weeks but many mortgage firms can give you an answer within minutes.
The pre-approval letter states that the lender has examined your credit and
financial status and is willing to write a loan for a specific amount. This
is different than a pre-qualification letter, which simply states that the
lender has briefly examined your credit and is willing to take your formal
loan application.
When you do find the right home, the
pre-approval letter shows the seller that you are a serious, qualified buyer
who is ready to buy if the price and terms are right.
Money Magazine has an excellent
mortgage calculator on
their web site
that can help you determine how much house you can afford.
Using Internet Search Tools
Thanks to the Internet, you have a number of
tools to help with your search. We have a search tool on this site that
allows you to search through the listings on the Sarasota MLS system; you
can also use the search engines on Realtor.com and Century21.com to search a
broader area.
While these sites have excellent search
features, they don't tell you much about the area. That's why it's important
to have input from a local real estate professional. We live and work in the
area every day and are intimately familiar with all of the neighborhoods and
condominiums in the area. We also have direct access to the Multiple Listing
Service in our area, and we can e-mail listing information to you from the
MLS. We can even set up an automatic search for you that will immediately
notify you as new listings come onto the market.
No online search tool can replace the
experience of seeing a home in person. We suggest that you use the online
search tools to get a general sense of the homes available in the area. When
you're ready to come to Sarasota and look at prospective homes, we will work
closely with you to learn your preferences and needs so that we can narrow
the field of potential homes to a manageable number.
The Buying Process
Once you've found the perfect home, the real
work begins. In this section, we'll give you an overview of the buying
process so that you'll know what to expect.
Step 1: The Offer
The first step in the purchase process is to
write an offer to purchase. In Florida, most Realtors use a standard
contract approved and distributed by the Florida Association of Realtors.
This document is called the FAR-9 contract, and it may include one or more
standard addenda documents designed to cover special situations.
In many states, an attorney
must create real estate contracts. Florida law allows real estate agents to
use a "fill in the blanks" contract. Every real estate attorney in Florida
is familiar with the FAR contract, so there typically is no need to have an
attorney review the contract before closing.
To start the process, you and your Realtor will
fill out a new contract, specifying the purchase price, amount of mortgage
(if any), closing date, amount of deposit (also called earnest money),
amount of additional deposits, inspection dates, and other terms and
conditions of your offer. This can be done in person, but we often create
the contract on our computers and e-mail a copy to the buyer for signatures.
Once we have a signed contract, we present the
offer to the seller's Realtor. The contract requires the seller to respond
to the offer within a specific time frame, usually by 5:00 PM the following
day. If the seller chooses not to respond to the offer, the offer expires
and the buyer is under no obligation to purchase the property.
Step 2: The Counter-Offer
In many cases, the seller will not accept the
initial offer made by a prospective buyer. If the seller does not agree to
the price or terms of the offer, the seller will make a counter-offer back
to the buyer.
If there are only a few changes to be made, the
seller's agent will simply mark through and change the original offer. The
seller will initial each of the changes, indicating his or her agreement to
the revised terms and conditions.
If there are extensive changes to be made, the
seller's agent may also choose to use a counter offer addendum form. This is
a single page document that amends the terms of the original offer.
In either case, the seller's agent returns the
marked-up offer back to the buyer's agent for review. At this point, the
buyer may either accept the modified offer, or decide not to purchase the
property. An offer may go back and forth between the buyer and seller
several times before an agreement is reached.
If the buyer and seller fail to come to
agreement on the offer, the offer expires and the buyer's deposit money is
refunded.
Step 3: The Contract
Once the buyer and seller agree to the terms
and conditions of the buyer's offer, the offer to purchase becomes a legally
binding contract. At this point, several clocks start ticking. Under the
standard terms of the contract buyers and sellers have to meet certain
deadlines or one of the parties may be in default. In particular:
-
Any additional deposits specified in the offer must
be made on or before the date specified in the contract.
-
If you are purchasing a condominium, you have the
right to review the condo association documents, including the most
recent financial statement and any rules and regulations. If you do
not agree to the terms and conditions of the condo association, you
have three days (for resale condos) or 15 days (for new
construction) to rescind your contract. The document inspection
period begins from the time you receive the condominium documents.
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The buyer has 10 days to have a home inspection
performed by a professional home inspector. Once the buyer receives
the results of the inspection, the buyer has 5 days to submit a
written repair request to the seller.
-
If the buyer is obtaining a mortgage, the buyer has
5 days to apply for financing with a lender.
-
The buyer must obtain a loan commitment within 30
days of the original contract date, unless another date is specified
in the contract.
-
The closing must take place on or before the date
specified in the contract. If the closing must be delayed for any
reason, the buyer and seller must both agree to the original closing
date.
In Florida, a licensed title agency or real
estate attorney handles real estate closings. In some counties, it is
customary for the seller to pay for the title transfer and title insurance;
in other counties, the buyer pays. Normally, the party who is paying for the
title insurance gets to choose the title agency or attorney. Note that
the FAR-9 contract requires that the closing be held in the county where the
property is located.
We closely monitor all activities from the
contract through the closing. We personally attend all inspections and we
keep in touch with all parties, including the seller's agent, the lender and
the title agent (or attorney) to insure a smooth and successful closing.
Step 4: Inspections
Under the terms of the FAR-9 contract, the
buyer is entitled (at his/her own expense) to have the home inspected. There
are several types of inspections that may be performed:
-
Home Inspection: This is a comprehensive inspection,
performed by a certified home inspection specialist. The inspector
typically checks all of the major systems in the house, including the
foundation, walls, roof, appliances, heating and cooling systems, water
heater, and swimming pool. This inspection typically costs between $250
and $500, depending on the size of the home.
-
Wood Destroying Organism (WDO) Inspection: The home is
inspected by a licensed pest control technician, who checks the home for
termites, wood boring beetles, fungus, and other wood-eating organisms.
Many lenders require this inspection, and it costs between $35 and $60.
-
Mold Inspection: If you or someone in your family is
especially sensitive to mold, we recommend that you get a mold
inspection. We also recommend this inspection if the main home
inspection turns up any evidence of mold or prior water or roof leaks.
Mold inspections cost between $500 and $1000.
-
Radon Gas: The United States Environmental Protection
Agency (EPA) rates West Central Florida "Low Potential" for Radon gas.
Nevertheless, the EPA recommends that all prospective homebuyers have
their new home tested for Radon gas. Radon gas tests start at about
$300. See
http://www.epa.gov/iaq/radon/zonemap/florida.htm
for more details about Radon in Florida.
Although the contract doesn't require it, you may also
want to have a surveyor locate your lot corners. (Some lenders will
require a survey in any case.) If your new home is in a flood zone, you
may also need to obtain a Certificate of Elevation before you can
obtain flood insurance. If the property has been surveyed in the past
and there are no obvious encroachments (fences, driveways, new
construction, etc.) on the property, you may not need a new survey. Some
lenders will allow you to use an old survey as long as the current owner
signs an affidavit stating that there have been no material changes to
the property. You do not normally need a survey for a condominium.
Surveys cost about $350 and up, depending on the size and shape of the
property.
If the home or WDO inspections reveal any
deficiencies, the seller may be required to correct those deficiencies
before the closing. The FAR contract specifies that the seller must correct
warranted items (which typically includes all functional aspects of the
house) up to 1.5% of the total purchase price. In addition, the contract
requires sellers to correct problems caused by wood destroying organisms up
to 1.5% of the purchase price.
The 1.5% repair reserves are
not cast in stone. Some sellers may specify a smaller repair reserve. In
addition, some homes are sold "As-Is with right to inspect", meaning that
the seller is selling the home with no repair reserve. In As-Is sales, the
buyer has the right to inspect the home within 10 days, but the seller is
under no obligation to make any repairs, even if those repairs are necessary
for the buyer to obtain financing.
Step 5: Preparing for the Closing
As soon as your offer becomes a firm contract,
we send a copy of your contract to the title agency or law firm who will be
handling the closing. We create a checklist of due dates to make sure that
your closing takes place on time. We stay in touch with you and all of the
parties involved in the transaction (seller's Realtor, title company,
lender, insurance agents, etc.) to make sure that there are no last-minute
surprises.
During this period, the title agency or law
firm will contact you to confirm your full legal name, mailing address, and
other identification information.
If you are purchasing a condominium or a home
in a subdivision with a mandatory homeowners' association, you will need to
apply for membership in the condo or homeowners' association. The
association may require a formal or informal membership interview. We will
work with you to obtain the necessary application forms.
Shortly before the closing, the title agency
will send us a preliminary closing statement, called a HUD-1 form. This form
is long and complicated, and we will go over it with you in detail before
the closing.
The US Department of Housing and Urban Development (HUD) has an excellent
series of articles explaining the closing process on their web site at
http://www.hud.gov/offices/hsg/sfh/res/sfhrestc.cfm.
The article includes a sample HUD-1 form, and explains how to read the form.
You will need to make arrangements to transfer
funds from your bank account to the title agency before the closing. Most
title agencies can accept wire transfers, which is a secure electronic
transfer of funds performed through the American Banking Association's
private network. You may also choose to bring a certified check to the
closing. As part of the pre-closing process, we will help you determine the
best way to initiate the transfer of funds. Note that closing agents will
NOT take a personal check, even for a few dollars. For this reason, we
recommend that buyers send a little more money than the closing statement
indicates in case there are any last minute changes to the closing
statement. The closing agency will write you a check for any overage.
If you are financing any portion of your new
home, your lender will require you to obtain an insurance policy before the
closing. The policy must name the lender as a payee in the event of loss.
Depending on the location of your home, you may also be required to obtain
flood and/or windstorm insurance coverage.
Step 6: The Closing
At last, your offer has been accepted, you have
your financing lined up, all of the inspections have been completed, and
you're ready to close on your new home. In many cases, the closing is the
easiest part of the entire transaction. Some buyers seem to think that the
closing is some sort of mystical ritual, but it is really very simple:
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The title agency or law firm will review the HUD-1
statement with both parties to make sure that everyone agrees to the
charges and credits on the HUD-1 statement.
-
The buyer provides payment in the form of a mortgage
note, wire transfer, check, or some combination of these. Any funds
placed as a deposit with the selling real estate broker are
presented to the title agency on behalf of the buyer.
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If the buyer is obtaining a mortgage, the buyer
signs the new mortgage and note. The title agency immediately sends
the new mortgage and note to the lender. Many lenders will not
transfer the loan proceeds to the title agency until this step is
complete.
-
If there is an existing mortgage on the property,
the title agency makes sure that the existing mortgage is paid from
the sale proceeds. The title agency issues a check to the seller for
the sale proceeds, minus any loan payoff, real estate commissions,
and other charges.
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The seller signs a warranty deed, transferring
ownership of the property to the buyer.
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If the buyer is purchasing title insurance, the
title agency issues a new title policy to the buyer, with the lender
(if any) shown as a loss payee.
-
At this point, the closing is complete, and the
buyer owns the property.
-
After the closing, the title agency records the
note, mortgage, and new deed with the Clerk of the County Court.
These steps don't always happen in this order,
and they don't have to happen in person or on the same day. Because many of
our buyers and sellers are out of town, we often handle closings by fax,
e-mail, or overnight courier. We'll work with you to determine the best way
to handle your closing.
Short Sales & Foreclosures
During your search for a new home, you will
probably encounter homes being sold as a short sale, bank owned
sale, or foreclosure.
A short sale means that the seller knows he must
sell the house for less than he owes, and he has negotiated a payoff price
that the bank will accept. The buyer also can be fairly certain that if he
makes an offer close to the asking price, the seller will likely accept. The
buyer may also offer less than the advertised price, but the bank and seller
will need to re-negotiate the terms of the existing mortgage. This can take
some time.
"Bank owned" (or "REO") means that the seller has
stopped making payments on the property, and the bank has foreclosed on the
loan. Once the foreclosure is complete, the bank owns the property and may
sell it with no further involvement from the original owner. Generally
speaking, the banks had these properties priced at or very near the lowest
price they will accept. Banks don't like to own real estate, so they are
generally anxious to sell and recover as much cash as they can. This means
that they usually want to close as soon as possible.
Short sales and foreclosures are distress sales,
and they may take slightly longer than normal to close the transaction. When
you close on the property, the closing attorney (who is working for you and
not for the seller) makes sure that you receive clean title, free of any
liens or other encumbrances that the previous owner may have attached to the
property .
Short sales and bank-owned properties can be an
excellent buying opportunity, but you must keep in mind that they are almost
always "as-is" sales, meaning that the seller does not agree to make any
repairs, and the buyer is taking possession of the property in an as-is
condition. The buyer is allowed to have the property inspected and may
cancel the transaction if the inspection turns up any major defects, but
once the inspection is complete, you are agreeing to buy the property as it
sits.
Now You Know!
We hope you've found this crash course on
Florida Real Estate to be helpful. If you have any questions, please feel
free to call or e-mail us, and we'll be glad to answer them for you.
Les & Becky Freed, Realtors
Century 21 Advantage
4071 Bee Ridge Road
Sarasota, FL 34233
Toll-free: 800-221-8221
Direct line: 941-927-6196
e-mail:
Becky.freed@century21.com
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