By: Jim Hart
Thinking about buying a home? You may want to read this article. It blows me away when I think of all the homebuyers that give real estate agents large sums of money as a “good faith deposit” when they sign a purchase offer on a home. I have had clients that have given agents thousands of dollars when they make an offer on a home and it is one of the dumbest mistakes a home buyer can make! Why? Well, you have to have a very basic understanding of contract law (this is explained in detail in my report) but the quick answer goes like this: Every purchase offer is half a contract-it becomes a contract when it is accepted by the seller.
Every contract must have consideration and consideration is anything of value. Money is consideration. So when a homebuyer writes an offer and gives a good faith deposit, the good faith deposit IS the “consideration” which makes the offer a contract when accepted by the seller. In other words, the money IS what makes the purchase offer binding on a buyer when the offer is accepted by the seller and becomes a contract. And agents LOVE the fact that people put down large sums of money when they write an offer!
Why? Well, for starters it shows a serious buyer. Secondly, when a buyer gives an agent a large amount of money like this, the buyer loses temporary control of the cash and the real estate agency holds it in escrow. That gives agents control.
What most people don’t know is that one-dollar ($1.00) is consideration and can make a purchase offer a contract just as well as $10,000.00. And, when it comes to financing, large good faith deposits don’t really do anything to improve the chances of a buyer getting a home loan. You see, that large good faith deposit can be kept in YOUR pocket until you take an application on a loan. In this case, a buyer who wanted to put a large down payment on a home can pay it to the LENDER instead! Inevitably, that’s where the good faith deposit gets applied anyway…as part of the down payment on a home which is ultimately goes toward the purchase. So why give it to the real estate agent? Yet everyday people do it-they lose the control over the money with no gain whatsoever. Either you are financially qualified to borrow a home loan or not. While a large down payment can help over come funding objections, the agent plays little or no role in the financing end of a real estate transaction. If a borrower is unqualified to borrow a home loan, a very large good faith deposit won’t change that fact (.)
And buyers better stop and think about the purchase offer! Agents tend to do all the writing on the face of an offer and (seeing how it’s half a contract) that can be d.a.n.g.e.r.o.u.s! You want your attorney to review that offer before you submit it to a seller (.) Now, one of the angles you may hear is “we have to move fast on this deal before the other person buys it”. Well, that may be true BUT anytime you find yourself “moving fast” on a real estate deal (or any business deal) you are WIDE OPEN for mistakes in judgement. If you like the potential for financial pain, do it their way. If you want to protect legal and financial interests, do it my way.
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Want some advice? If you are planning on buying a home go to my EBay Store SMART Books and More and order the book “Everything A Real Estate Agent Doesn’t Want You to Know” for $14.95. I am not trying to hype the book but You WILL save thousands of dollars and protect your legal and financial interests–guaranteed. If you don’t like the book, send it back. Ever tried to send a house back?
buy a home, and especially first time home buyers, start by looking through newspapers ads and real estate magazines before calling a real estate company and talking to a real estate agent. And that’s where the problems tend to begin. As a homebuyer you must understand that real estate agents represent sellers (they have a legal duty to represent sellers) and not buyers (.) The only exception to this rule is in the case of “buyer broker representation” which I STRONGLY advise against using because it’s basically a scam designed to squeeze money out of both ends of a real estate deal, money from buyers and money from sellers. You see, the term “caveat Emptor” means “buyer beware”. That means the duty to protect your legal and financial interests in a real estate deal falls squarely on YOUR shoulders. If you make wrong decisions, sign stupid contracts and do less than an intelligent deal-it is your fault. In my mind, the term “buyer beware” is a fancy way of saying “cheating is okay”.
It all boils down to knowledge. Real estate agents are trained in real estate principles, practices, some real estate law and some (and I mean some) financing. How much training have you had? How much do you know about real estate law? How much do you know about real estate financing? What are your financial options? Are the loans being sold to you in your best short, medium and long-range interest? These are key questions you need answered. So here’s a few tips on getting your bearings in the right direction before you do anything.
Number 1-Get the home financing together first! This is the singular most important element of a real estate deal. Why? Because after the whirlwind of emotion of your new home passes (and it will) you will have a “mortgage monkey” strapped to your back for 15 or 30 years. You want the best interest rate you can get but you also want the best loan program to meet your personal needs. There are a ton of home loans on the market; 15 and 30-year conventional loans, adjustable rate mortgages (ARMS), Government loans like FHA, VA loans and there are gimmick loans like negative amortization loans, nothing down loans, etc. The point is that lenders are in the business of selling loans- that’s right they are selling you a loan and you are paying for it in the form of closing costs and interest rates. Nobody can get this information together for you except you (.) You are the one that will live with the loan and that is why you need to get your financing together first! My report gives you the steps you need to take to seek out the right loan for YOU.
Number 2-Get an attorney specialized in real estate transactions (.) People tend to see a lawyer AFTER they have a legal problem. Be smarter than that-see an attorney first and get representation, buying a home is a big business deal right? I cannot emphasize enough the importance of having a lawyer to review your legal documents before you sign anything (.) Not to hype the report but it has some tips on this issue.
Number 3-Avoid real estate agents until you are strategically ready to talk to them. Remember; agents are trying to sell you a property-and they are not your agent-they are salespeople on a commission and they have a legal duty to not only represent the seller but to get the highest possible price on behalf of the seller. People get hurt everyday in real estate deals and don’t even know they are bleeding. Why? Lack of information.
About the Author:
Jim Hart - My E-Report: 101 Tips For Homebuyers, Sellers And Money Borrowers will help you with more information regarding this article- go to smart Books website, fill out the form requesting a copy and we’ll send it to your email address within 24 hours-absolutely free this week! Another Ezine Article Exclusive! Smart People Read Smart Books!
Jim Hart, CEO-Smart Books Publishing - http://www.smart67.com FREE PRODUCT: Article offer-per request. If you don’t like our products, send them back. Have you ever tried to send a house back?
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