Do you need to sell your home? Things will move along much more swiftly if you plan accordingly! This begins with organizing and preparing all your essential documents! Paperwork is a given during legal transactions and it’s no different when you’re selling your house. You’ll want to have the following 7 documents in hand, which are ordinarily required in the home selling process before putting your property on the market.
For a legally binding contract and the ability to settle any disputes after closing, be certain it is signed by both parties. Details on this document for your house must include, the closing date, price, date of occupancy. Additionally, add in any conditions for termination as well as inspection dates.
A property disclosure will detail any known defects or malfunctions on the home. Failure to do so can lead to legal entanglements and expenses when selling your house!
The deed to your property designates the legal ownership and must be shown to the buyer for careful review. The deed for your house must be transferred after the sale to the name of the new home owner.
4. Occupancy Rider
Timing doesn’t always work out, so you’ll want to have a document that should detail responsibilities for any rent, utilities, and any additional costs or repairs, as insurance policies usually do not cover this. Should you need to stay in the house after the closing date you will need a post-occupancy agreement. Conversely, should the buyer need to be in place prior to the completion of the sale of your house, this will require a pre-occupancy agreement.
5. Third-Party Financing Clause
When you need to sell, you could consider getting a mortgage on your house as another source of financing for your buyer. Should you do so, your third party financing clause or financing addendum should be attached. In the event your buyer’s traditional mortgage application for the remainder of the financing is denied, you’re protected.
The promissory note, obtained from the buyer, is a contract written to clearly outline the rights and duties of the parties, which must be signed and dated. For buyers who are purchasing through non-conventional means, this is extremely important! This enables using the seller as the financer, with the property itself acting as the security for the loan. This document should outline the amount of money to be paid, the date to be paid, or detailing the installments to be paid to the holder or payee.
7. Settlement Statement
HUD Laws now require very specific details of the transaction to be outlined in a closing or settlement statement. At least one day prior to closing, the buyer has the right to review this statement, in order that consumers are aware of just what they’re being charged in fees at the closing and in financing interest for the term of the loan. Strict adherence to these laws will help you to avoid legal trouble in the future. The documents should be examined carefully before being provided to the buyer. The broker should verify the information and offer any input should they find errors or information lacking in the documents.