Tag: real estate attorney

TYPES OF LISTING AGREEMENTS AND REAL ESTATE AGREEMENTS

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When selling a home for the first time, it’s best to treat the process very carefully. The first step is properly understanding what your real estate agent agreement contains. Listing documents can be quite complicated, especially because they are legal documents. But, knowing the main elements contained in it can help you quickly recognize if there are missing portions or if there are fraudulent looking bits in it.

Listing Agreement

A listing agreement is also known as a listing agent contract. It is a document that is legally binding between a real estate agent representing a person wanting to sell their home and a seller. There are different aspects of a listing agreement and they can be modified to fit a particular situation.

Types of Listing Agreements

Exclusive Right To Sell

This is the most popular type of listing agreement. In this agreement, the listing agent has exclusive rights to earn a commission if they bring the buyer. This agreement prevents you from working with another agent during the period. Offers go through the listing agent, protecting the real estate agent from losing time and money when they won’t get a commission. Also, agents work hard to get a buyer because that’s the only way they get a commission. 

Exclusive Agency

This is a less common type of listing agreement. Here, you hire a listing agent but if you find a buyer yourself, you get to keep the commission. That way, you avoid paying the commission fee. If you are comfortable investing in your own marketing, then this is a good plan for you. In this agreement, you also have an agent working for you, although they might not provide the full support as in the case of having a full-service agent.

Open Listing Agreement 

Unlike other types of listing agreements, the open listing agreement is not a formal contract. A seller does not engage a listing agent, rather, they allow local buyer’s agents to market the listing. This listing agreement gives 3% buyers agent commission. An interested buyer’s agent may want the agreement in writing before bringing in potential buyers. This listing is flexible and you can take the house off the market when you want without any penalty. You also only pay half the commission fee.

Net Listing Agreement 

This is the least common type of listing agreement. In a net listing agreement, a listing agent would sell your house at a particular set price. The catch here is that if they sell the house for a higher price, they get to keep the excess. Net listing is illegal in many states and in the few places where they are legal, there are clauses to protect the seller. To use this type of listing agreement, be sure to engage an agent you trust. It is illegal because it is financially risky as an agent might try to take advantage of the process by not showing you lower offers.

Before choosing a listing agreement, ensure you know all the pros and cons. Pick the one that will be suitable for your current needs.

5 THINGS TO DO BEFORE PUTTING UP THE SALE SIGN

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There is so much more involved in selling a home than simply hanging up a “For Sale” sign. Most times, we only see the final product, the house ready for sale, without knowing how much work it took in getting it ready. When planning to sell your home, you are hoping to make some decent amount of money from the sale, so you would have to put in the work.

Below are a few things to do before you put up the “For Sale” sign that will make buyers gush over your house and hopefully, you can receive a great offer in no time! 

  1. Fix Your Exterior
    Your exterior is the first thing anyone notices about your home, more so a buyer who may be interested in cutting you a deal. First impression matters. Improving your exterior doesn’t have to break the bank. Little things like repainting your front door, mowing your lawn, and planting a few colorful flowers at strategic places can make all the difference. With an attractive exterior, a potential buyer may just decide to stop by for your open house or schedule a tour. 
  2. Inspection and Repairs
    Creaking stairs, leaky taps, broken doorknobs should all be fixed. You don’t want to have a potential buyer taking a tour of the place and there’s a jammed door somewhere. What you might consider minor might be a deal-breaker for another. You don’t want to take chances. Get your home inspected thoroughly by a professional inspector and fix any issues found.
  3. Declutter and Depersonalize Your Home
    “Less is more” comes into play when trying to sell your home. Take away knick-knacks from counters, tables, windowsills, and the couch. Clear them all away. Cupboards, closets, drawers, and behind doors shouldn’t be left out either. Having a cluttered home with all your personal things such as pictures and other memorabilia hanging around is sure to put off a potential buyer. A clear, clean space will allow people to appreciate the beauty of the space, making them happy to place an offer. Packing out things you don’t need will also make it easier for you to move when you are ready. 
  4. Deep Clean
    As a homeowner, you can afford to skip some spots when you do your weekly cleaning. However, when you put your house up for sale, you are not allowed to cut corners. A clean house can determine how long a house stays on the market. You sure don’t want a potential buyer wondering if they might have to call a pest eradication team before they can move into the home. Clean every room, bathroom, and living area. Behind doors, under the stairs, and cupboards. You can employ the services of a cleaning agency to help save you time and energy.
  5. Consider A Staging
    You want to show off your home in the best light possible. A professional home stager can help evaluate your home and help you rearrange things to your advantage. The goal is to raise the interest of potential buyers and help you sell faster.

Selling your home is a big step, you might as well make a good sale while at it. 

Steps of a Real Estate Closing

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If this is your first real estate deal, the process and protocols involved when closing a deal could be draining. Closing a real estate deal entails signing some paper works that make the house yours. But before you grab that pen to draw your signature, here are steps you must take before that event. It would ensure you don’t make any mistake that you will regret later.

  1. Open An Escrow Account

An escrow account is inarguably the first step to take in every real estate deal. It ensures that none of the parties get cheated as a third party is responsible for holding the money and documents. When all formalities and processes are over, the capital and materials get moved from the escrow account to respective owners.

  • Home Inspection

Before you close a deal on the house, you need to be sure the house is safe and in good condition. Through home inspection, you’re able to discover the problems facing the house. Such information would help negotiate better with the seller. When you forgo a home inspection, you might find out that there are lots of issues with the house that requires a vast amount of money to solve.

  • Hire An Attorney

Even educated individuals often find it hard to understand the jargon in real estate documents. That is why professional legal aid is very paramount before closing. Although it would cost you some penny, it saves you the headache of making a mistake. In most states, an attorney is a requirement to handle any housing closing.

  • Title Search And Insurance

After closing a close, some drama could spring up that might threaten your ownership of the house. It could be a spurned relative left behind in a will, or maybe a tax-collecting agency that not paid its dues. Through a title search, you’re able to know if there are any claims to the house. Information like this would guide you into making the right choice.

  • Pest Inspection

If the home is a wood house, then this is a step you shouldn’t overlook. Pests can ravage a home and reduce it to nothingness, which is often frustrating to homeowners. A home inspection is different from a pest inspection. A pest inspection specialist evaluates the house, to know if there is any pest that could become a pain to the homeowners.

The seller might try to convince you that the home is perfect. Never take their word for it, as they are merely looking out for their selfish interest. The fact is, even a small infestation can wreak havoc in the future, which is why you mustn’t joke with this.

Conclusion

There are lots of things involved during a house closing. The right information would ensure you take the right step. Make sure you have an attorney that help interpret the terms, while a home inspector and pest specialist ensure if the home is safe and worth buying.

Qualities That Make an Excellent Real Estate Agent

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A day in the life of a real estate agent is never a straightforward path. Every day comes with its unique diversity, just as the people they represent. When it comes to choosing a great real estate agent, there are some exceptional qualities to anticipate. It would determine if the agent is the right fit or not. Here some conditions to look for when searching for a real estate agent.

  1. Good Agents Value Communication

The real estate market is time-sensitive, which is why you need an agent who understands that. Most real estate agents can be annoying, especially regarding disclosure. If you don’t choose a real estate agent that values regular contact with clients, you will end up losing tons of opportunities. The agent and client need to stay in constant touch.

  • Great Listeners

If your agent talks too much, and find it hard to listen, then that’s a big red flag. Your agent must be able to listen and understand you, to satisfy your needs. As a customer, you will be doing most of the talking. So, your agent must be able to understand your special request and be ready to satisfy them. Most clients prefer conversation to happen via email. Some others prefer a phone call, so they can chat and know the latest happenings. Your real estate agent must be able to understand that, then make provision to listen to all you have to say.

  • Client-Motivated

An excellent real estate agent understands that if a client gets a good deal, he gets a good deal. When choosing a real estate agent, ensure that your agent holds its customers in high esteem. No doubt selling or buying a house is stressful, which is where the right agent comes in. A good agent is after your success because it means a lot to their success too.

  • Customer’s Motivation

The reason for selling or buying is something that every competent real estate agent doesn’t fail to know. According to Ben Hatch, an excellent real estate agent always knows why their client is selling – the motive behind selling the house. The real estate finds out if the house is merely an investment property or something that they will live on for a while and knock it off. Customers motivation is a top priority and often help when it comes to choosing the right deal

  • Credible and Reliable

Great real estate agents will never hesitate to refer you to previous clients for reference purposes. If they are outstanding, their client will leave a positive review of their experiences. But when reverse is the case, then it means they are hiding something, which is a sign you need to run.

Conclusion

A great real estate agent would ensure you have an incredible experience selling or buying a home. They are very transparent and often looks out for your interest before theirs. If you’re looking for a great, look for the qualities mentioned above.

Best Real Estate Apps

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Hunting for a house to buy can be a stressful activity, especially when you’re doing it the old fashion way. Some time ago, buying a home would require checking the local newspapers, looking for the “For Sale” signs as you walk, or perhaps leveraging on your realtor friends. But with some incredible real estate apps, you no longer need to worry. Do you know the best part? Those apps are free to use. So, here are some intriguing real estate apps that would make house hunting easy.

  1. Redfin

When it comes to hunting down a place you can call home, you will never go wrong with this incredible app. Its features are topnotch, making the house-hunting process easy and smooth. With functions like foreclosure notifier, sale-by-owners, and short sales alter, you will never miss anything again. With this incredible app, you can find nearby houses for sales, see pictures, and their location on the app. This real estate app has all the features you need to find that dream house of yours. You can download it on your IOS or android.

  • Homes

With this fascinating apps, you have condos, millions of homes, apartments at your fingertip. All you need to do is filter your search based on your preference. Every listing comes with attractive pictures and details that would help you make a decision. Additionally, it comes with a calculator, which enables you to find out your mortgage or rent. It is available for download on your app store.

  • Zillow

It is probably one of the most popular, with millions of homes listed to make your home hunting easy. With this fantastic app, you can look up any rent or property in the US with just a few clicks. Through the advance search button, you can filter or sort your search via foreclosure stats, the type of property, location, etc. When you finally make a choice, the app would help you track down the nearest local lender so that you can get preapproved for a mortgage. You can download this app on IOS or Android. Just visit your app store to get started.

  • Trulia

Another advanced real estate app is Trulia, which many refer to as super sleek and sophisticated. It comes with time-saving features, which helps you find the ideal house fast. Every listing comes with its photos, videos, and interactive maps. You can easily download this app through your app store.

  • Realtor

The Realtor app has dominated the real estate world and has become the first go area when it comes to house hunting. With this incredible app, you can find nearly houses that you will be interested in buying. You can also filter listings through address, zip code, prices, etc. You can download this real estate app through your app store.

Conclusion

There are lots of real estate apps in the store. They all serve the same function, helping you to hunt down that dream house without having to struggle. Those apps are free to use, which is quite fascinating.

Ways to Finance an Investment Property

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The world has gotten to the point where every income-oriented person is always looking for ways to make extra income, whether passively or actively. Many people love having passive income streams because they give them the chance and time to work on a lot of other things, especially if they have a regular job. One of the best ways to earn passive income is through investment property. And besides providing you with a source of income, you can increase your assets, stabilize your financials through investment property.

However, knowing how to buy an investment property in your name is always the first step. Buying the property is the hardest part, except, of course, you already have the cash lying around in the bank or a rich family member who is going to give you the money. If you are just an average Joe who wants to invest in properties, below are some options that you can use to finance an investment property.

  1. Apply for a bank loan

For investors just starting out in the world of investing, getting a bank loan is the most common go-to option. The only difficulty that many of these investors grapple with is the insistence of banks on up to 30% of the property’s value as a down payment. This could be a bit difficult for an investor who is just getting into the business. Some of the other limiting factors, including poor credit scores and a bad debt-to-income ratio, which make the banks tag them as bad bet and refuse them loans.

But if you can swing it, a bank loan is one of the best ways to finance an investment property. You can get good rates, and once the property begins to yield some income, servicing the loan becomes easy.

  • Tap into your home’s equity

Financially, we do not usually advise using your existing home’s equity, but if you are trying to buy an investment property, it could be a great idea. You have different options, which include using the home equity loan to get the amount you need or extending your mortgage or even cashing out all the equity that you have on your home. Whichever it is you choose, this is a viable option to finance your investment property.

  • Get a hard money loan

Not all investment properties are meant to be kept long-term to yield income. Sometimes you can get a “hard-money” loan in which the property will serve as the security. Lenders that provide loans like this will use the after-repair estimated value of the property to determine their risk. This kind of loan does not use your credit score or debt-to-income ratio to check your loan eligibility.

If you have your sights set on investment property and the whole process is overwhelming for you especially in the area of financing, it is time you talked to experts. Get in touch with Chang Legal LLC Attorneys at Law. Call 847 907 4971 to talk to a lawyer.

Ways to Fight Foreclosure

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A Foreclosure is a situation whereby your mortgage holder, lender, or the bank take over your property because of late in payment. But what do you do when you are behind in paying your mortgage? What do you do when the banks are threatening to foreclose your house?

People will answer these questions based on their experiences, which may differ from person to person. As each person must have had different experiences with different mortgage holders. However, this article is a compilation of a few possible alternatives to foreclosure.

  1. Ask for a Forbearance

This is an agreement you go into with your lender/financial institution to delay foreclosure. With forbearance, your payment is suspended for a few months to allow you to catch up with your previously due payments. With forbearance, you would eventually settle every payment owed, but in the interim, it helps you catch a break and reduces the piling up of debts and, of course, stops foreclosure.

  • Mortgage Modification 

With mortgage modification, you and your lender may need to come up with a modification plan, which in essence, means that you would not need to make any payment, or your required payment is reduced drastically until your financial crisis is over. This is another sure alternative to foreclosure.

  • Set up a repayment plan 

If you are behind your mortgage payment because of a short-term financial issue, for instance, the current lockdown, setting up a repayment plan might be your only option. You and your lender can come up with a new payment plan and structure which will not in any way affect or strain your pockets while the financial issue lasted.

  • Offer a “deed-in-lieu” of foreclosure

This will not keep your home, especially if you owe more than your home is worth; however, it is a viable option in case you have suffered a permanent loss of income. It also does less damage to your credit compared to what a foreclosure would do. This alternative is advisable not because it’ll keep your home, but because it’ll keep your credit at a reasonable level and your property won’t have to go into foreclosure.

  • Short-sale

This is also known as the pre-foreclosure sale. For this to happen, the bank has to agree to allow you to put your house on the market for its current value provided that’s less than you owe. This alternative is only viable for people who bought the property when the market was hot, which has now gone soft.

Conclusion

Whatever you do, complete honesty with your lender and the bank will go a long way in opening up opportunities for any of the above alternatives, because, the goal of these alternatives is to avoid your property from going into foreclosure; therefore, it is very important that you negotiate with your mortgage holder and leave no stones unturned, particularly if you are going the way of short-sale or deed in lieu of foreclosure. Ensure that any agreement you make with the mortgage holder absolves you of being responsible for the remainder of the debt because, if this happens, you would be stuck with that debt.

You can contact Chang Legal LLC Attorneys at Law for a more professional help on how to fight foreclosure or avoid altogether.

Things You Should Know About Buying a Vacant Land

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Sometimes it’s better to build your home than buy one, not necessarily because one is cheaper than the other, but largely because instead of remodeling a house to your taste, you get to build from scratch, be a part of the process and build to your taste. But for any of that to be possible, you have to, first of all, get land on which to build your home. And in every sense, purchasing vacant land can be very tricky, but the aim of this article is to highlight some simple tips that can get you started on buying vacant land.

  1. Have your money ready

Having your cash ready for payment is important because your chances of getting a bank loan to purchase a vacant property are quite slim. This is because there is not enough guarantee for the bank, just in case they have to foreclose or sell it. However, getting a construction loan from the bank is relatively easier. But to purchase the land, you are most likely going to pay with your own money, before starting the process of buying a vacant property, ensure that you have your money ready.

  • Do all necessary checks

Before shelling out the cash for empty land, it is important that you hire a surveyor to survey the land. You should also carry out environmental testing on the land to see if problems like fuel pipelines, toxic waste, poor quality of soil, etc. may affect your proposed building project. Also, if you don’t understand zoning, invite the local zoning authorities to help explain zoning better. With all these in place, it guarantees your safety in your new home and neighborhood, and in case you have to sell the property in the future, you have great features as negotiating tools.

  • Is the land accessible?

Accessibility is just as important as the land itself. And by accessibility, it means two things – easy access to utilities and road. A piece of land may seem the perfect place to build a home, but problems with access to utility lines and good roads can be the things that will make it a challenge to live in the property. Accessibility does not only help you as the homeowner or occupant, it also increases the value of the property in case you have to sell the property.

  • Consider the neighborhood 

Just in case you ever have to sell in the future, ensure that your home is built in a good neighborhood. Nearness to markets, good school area, residential area with low crime and violence rates are some of the essentials that you need first as an occupant and later, in case you have to sell.Buying a vacant property is extremely difficult when compared to buying an existing home, and if at all you have to tow that path, make sure you get all the possible assistance at your disposal. Chang Legal LLC Attorneys at Law is your go-to property lawyer. Get in touch today.

Do this before signing a commercial lease

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Signing a commercial lease involves having a clear picture of what you are about to sign. It may like too much work, but in your best interest, do your due diligence before putting pen to paper. Make sure you ask questions, read the lease agreement word by word and line by line. Do not assume the content of the lease because, most times, it does not contain the things that you expect.

Check below for tips on how you can protect yourself when signing a commercial lease. Doing these things will help you understand what you are getting into better and also avoid misunderstanding or trouble with your landlord. Let’s get to it;

  1. Read the lease over and over

The first thing to do when you receive the lease papers is to create time to read them. Maybe you have discussed some things with the landlord before, such as reducing the cost of the lease or providing certain utilities as part of the lease. Whatever it is that you may have discussed with him or her, read the lease to make sure he or she has included it in the written lease agreement. Also, check the leasing date and every other term that you negotiated to see if they are in writing. Do not take the word of your landlord for it. Anything you want your lease payment to cover, make sure the landlord puts it into writing. This way, you will be preventing future arguments.

  • Understand the lease terminology

It is one thing to read a lease agreement while it is another to get a full grasp of what you have read. There are numerous terminologies that lease agreements contain, which may be outside of the regular dictionary. Do not assume the meaning of a word. Make sure you understand the full meaning of every word you read in the agreement. If you need further help with interpreting a lease agreement paper, get in touch with your property attorney at Chang Legal LLC Attorneys at Law.

  • Is the lease flexible?

You should factor in some uncertainties or eventualities beyond your control. If, at some point, you decide to move your business elsewhere or sell your business, can you sublease the facility? You should put these into consideration and discuss them with your landlord so he or she can include them in the lease terms.

  • Work with your attorney

Your attorney is the only person that you should trust when signing a lease or contract. Your attorney is well-grounded in the law and will spot any unfair or unreasonable term in your lease agreement. Involving your attorney will help you stay ahead and avoid any issues in the future.To ensure that you have a good tenant-landlord relationship, take time to understand your lease and do not be blindsided into signing something you do not understand. Chang Legal LLC Attorneys at Law is the best you can work with when signing a commercial lease. Call 847 907 4971 to talk to a lawyer.

5 First-Time Homebuyer Mistakes To Avoid

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Buying a home can be daunting, and even more, if it’s your first time. However, a little knowledge and preparation would ensure you avoid these mistakes first-timers make. Instead of making the same mistake, your siblings, parents, or friends made when they bought their first house. A little homework would save you the hurdles. Here are five mistakes first time home buyers often make and how to avoid them.

  1. Spending More Than Your Capability

One of the mistakes first-time homebuyers often make is hunting for a house, without determining how much they can afford. Along the process, they fell in love with a home that is above their means but found it hard letting go. To avoid this trap, use the Bank of America affordability calculator to know if a house is a perfect fit for your finance. You need to know your financial strength and how much you can afford before the hunting process begin.

  • Neglecting The Extra Cost Of Homeownership

Buying a home is not where the battle ends, but most first-time homebuyers are ignorant of this. Once the key to the house is yours, you will discover that more expenses are waiting at the corner. You will need to take care of property taxes, homeowners’ insurance and also, regular maintenance. In some places, there could be additional fees like a homeowner’s association or something similar. Before finally closing the deal, calculate the extra expenses, and ensure you’re financially buoyant to handle it.

  • Making A Small Down Payment

One of the regrets most homeowners have is making a down payment that is too small. You see them making comments such as, “I should have waited until I have a more significant down payment.” The benefits of making a large down payment are enormous, which is why you mustn’t make this first-time homebuyer’s mistake. A substantial down payment entails smaller mortgage, thereby giving you more affordability monthly house payments. The aim is to make sure your monthly payment is comfortable to pay.

  • Miscalculating Repairs And Renovation Cost

Another mistake first-time homebuyers make is in terms of miscalculation, especially regarding home renovation. They get an estimate from one contractor and boom; they build their whole life around it. When they finally get the house and ready to renovate, they discover that the cost is almost double the estimate. To avoid this kind of situation, you must get ratings from more than one contractor. You can also seek recommendations from friends and family.

  • Skipping Home Inspection

A home inspection is yet another expense, which is why most first-time homebuyers might feel safe forgoing. Perhaps they have walked around the home, and everything seems to be in perfect order. Well, skipping the home inspection is a dangerous mistake and one you shouldn’t make. You might feel like you’re saving by forgoing inspection; in most cases, you aren’t. Through professional home inspection, you can discover more about the house, especially the faults and repairs. This information would no doubt be an edge during negotiation.

For more information or any questions regarding first-time home buying mistakes, contact Chang Legal today.