The following is a helpful outline of steps involved in a home purchase. It is highly recommended that when purchasing a home, a buyer utilize the services of a professional realtor and a real estate attorney.
The Contract
It is perfectly acceptable to sign the realtor's contract of sale before having it reviewed by an attorney. However, after you sign the contract, it is critical that you immediately deliver it to your attorney. From the date you sign the realtor's contract, there is a three day attorney review period in which changes can be made to the contract by your attorney. The attorney review period commences the next business day. So, if you sign a realtor contract on Saturday or Sunday the attorney review period does not commence until Monday.
The Home Inspection
The buyer is responsible for arranging a home inspection. The buyer should order a general structural home inspection, a radon inspection and a wood boring insect inspection. Often, the realtor will assist the buyer with selecting a home inspector. Most contracts provide that a home inspection must be completed within 10-14 days following completion of attorney review. The buyer should forward a copy of the home inspection report to their attorney. The buyer should then contact their attorney to discuss any issues with the home inspection report so that an appropriate letter can be sent to the seller within the allotted time period. I also strongly recommend that the buyer order an underground oil tank sweep inspection to determine if there are any underground oil tanks on the property. Often, in the contract, the sellers represent that there are no underground oil tanks on the property, when in fact there is a tank that the seller is not aware of. These inspections are for the buyer's protection. It is important to remember that once you close, the seller does not have responsibility for the condition of the home.
Septic and Well
If there is a septic system on the property you should have it inspected. The buyer pays for this inspection. In addition, if there is a well on the property, the parties will have to comply with a newly enacted law the Private Well Testing Act, N.J.S.A. 58:12a-26-37. The law requires that certain tests be performed but it does not specify which party is responsible to pay for those tests. This is left for negotiation. The tests take time to complete so they should be ordered as soon as possible. The test results are valid for one year from sampling, except for coliform results which are valid for six months. At closing both parties will sign a certificate saying that they have received and reviewed the well test results.
Title Search and Survey
The buyer's attorney will order a title search and survey as soon as attorney review is complete. It takes one to two weeks for the title search to be completed. When title is received, the buyer's attorney reviews it for defects and forwards a copy to the buyer's lender. Title insurance costs are regulated by law so that the cost of title insurance does not change from company to company. The survey is similar to a map that shows the placement of the dwelling relative to the perimeter property lines.
The Appraisal
The appraisal is often confused with the survey of the property. The appraisal is ordered by the buyer's lender and sets forth the market value of the property. Generally, the buyer is charged a fee by the lender for the appraisal. The appraisal is usually not available at the time of the closing but must be requested from the lender in writing within 90 days after closing.
The Closing
At the closing, the buyer will need to bring a certified check, bank check or cashier's check. Personal checks cannot generally be used at closing. In addition, you should bring proof that you have obtained homeowner's insurance. If you are married or buying the property with a partner, you must both be in attendance at the closing. Usually a representative from the lender does not attend the closing but instead sends all of the documentation to the buyer's attorney in advance. It is not unusual for the seller to not attend the closing and to send their attorney as their legal representative. A closing takes approximately one to two hours. It is the custom and practice in New Jersey that the closing take place at the office of the buyer's attorney.
Best wishes with the purchase of your new home.
Lauren E. Allu, Esq. is North Jersey's premier attorney. She is sought after by both individuals and companies for all of their legal needs. Lauren E. Allu, Esq. is equally adept at both high profile litigation and headline-making business transactions. She offers straightforward, traditional analysis as well as innovative, custom-tailored strategies. She is a consummate business counselor, responsive service provider and dedicated community leader.
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