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Contract Issues

I have a contract to purchase a house, but the three owners are having a "family feud" and cannot agree on anything. The sale of my own house closes soon and the lock-in on my loan is up in a few days. What can I do?

buying_home

You may have to rent a motel or move in with friends or family until the issue is resolved. There is risk in buying real estate, especially when you make your own moving plans very firm. No one can guarantee a sale will close on an exact day because situations can come up unexpectedly, just as it happened to you.

Fortunately (June 2000) rates have declined since you locked in your interest rate. Most lenders will extend a lock (once it expires) at the higher of the current market rate or the rate you originally locked the loan. So most likely, you will not be hurting any on your interest rate because of the delay.

In short, you're pretty much stuck and you have to hope the sellers can work out their problems.

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Closing Questions

secureescrowMy house recently went into escrow that was supposed to last 60 days. One week before closing we were notified by the real estate agent that the house did not appraise for the amount agreed upon in the sales contract. The buyers are refusing to obtain another mortgage company or another appraisal at my cost. Do they forfeit their 2500.00 that is in escrow to me, or is it a technicality and they get their money back?

First, look at your purchase contract. Most Realtors put deadlines in the contract during which certain things must occur, such as appraisal or loan approval. Review the contract to see if they lived up to those types of terms in the contract. Second, press to find out why it took 55 days to get an appraisal. This just seems wrong. Request the name and phone number of the appraiser so your agent can make inquiries.

You’re probably not being given the true reason for cancellation.

Escrow normally cannot release the deposit money without the permission of both sides. Continue to press until you feel you are being given the real reasons for not closing the transaction.

Keep in mind that if you are asking for legal advice, that can only be obtained from a lawyer.

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Choosing a Property

choosingpropertyI have to make a choice between an updated home in an older neighborhood or a newer home in a more modern neighborhood. The home in the older neighborhood has almost everything I want and is much larger, but which makes the most sense as an investment?

If your goal is to buy a home for it's resale value and the one you are thinking of buying in the older neighborhood is at the upper end of values for that neighborhood, then it may not be the wisest choice. If it is similar or lower in price to the others, then there should be no problem, because pricing should be considered in relation to the local neighborhood and not compared to homes in other neighborhoods (for the most part)

Plus, is it a neighborhood on the decline, or are others going to be fixing things up, too, so that it is a neighborhood that is improving? It could turn out to be a very good deal as long as you don't "overpay" because of the recent improvements.

Remember that you also buy a home for it's value to you as a "home," and that is something else you should consider. Which neighborhood would you AND your family feel most comfortable in?

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Regarding Real Estate Agents

What is the difference between a real estate agent and a real estate broker?

real_estate_agent_sold_sign_hg_clrMost states require real estate sales professionals to be licensed by the state, so that they can control education and experience requirements and have a central authority to resolve consumer problems. In Mexico, AMPI is working with the state and federal governments to establish regulations similar to those of the United States. The best way to ensure that you are getting a professional real estate agent to assist is to choose one that is a member in good standing of the local AMPI chapter. AMPI members are committed to a higher level of standards than other "so-called" real estate agents.

The terminology used to identify real estate professionals varies a little from state to state and in different parts of the world.  Brokers are generally required to have more education and experience than real estate salespersons or agents.

The person you normally deal with is a real estate agent or salesperson.  The salesperson is licensed by the state, but must work for a broker.  All listings are placed in the broker's name, not the salesperson's.

A broker can deal directly with home buyers and sellers, or can have a staff of salespersons or real estate agents.

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Baja Sands / Rosarito Sun Fest 2010

Baja Sands / Rosarito Sun Fest 2010