Buyer's Guide - Coldwell Banker Lifestyles

Y OU R G UI DE TO

buying a home

YOUR RIGHTS

Dept. of Professional & Financial Regulation Office of Professional & Occupational Regulation

MAINE REAL ESTATE COMMISSION 35 State House Station Augusta ME 04333-0035

REAL ESTATE BROKERAGE RELATIONSHIPS FORM Are you interested in buying or selling residential real estate in Maine? Before you begin working with a real estate licensee it is important for you to understand that Maine Law provides for different levels of brokerage service to buyers and sellers. You should decide whether you want to be represented in a transaction (as a client) or not (as a customer). To assist you in deciding which option is in your best interest, please review the following information about real estate brokerage relationships:

Right Now You Are A Customer

Before We Get Started All consumers have a right to decide whether they will be represented as a client or remain a customer.

• Right now you are a customer.

• You may become a client by signing an Exclusive

Representation Agreement.

• As a buyer client, I will promote your best interests.

A real estate firm may represent a buyer or seller in a real estate transaction by practicing Designated or Non-Designated Agency. Our firm practices Designated Agency, so that our clients will benefit from the Firm’s services and expertise, while working directly with the Agent or Agents of their choice – advancing their interests and maintaining confidentiality.

Other agents in the firm may represent listing clients in the transaction through an Exclusive Listing Agreement. That agent will advance the interest and maintain the confidentiality of their client.

Maine law requires all real estate brokerage companies and their affiliated

(“licensee”) to perform certain basic duties when dealing with a Vermontlicensees Real Estate Commission buyer or seller. You can expect a real estate licensee you deal with to provide the Consumer following customer-level services: Mandatory Disclosure

COMPANY POLICY ON CLIENT-LEVEL SERVICES — WHAT YOU NEED TO KNOW The real estate brokerage company’s policy on client-level services determines which of the three types of agent-client relationships permitted in Maine may be offered to you. The agent-client relationships permitted in Maine are as follows: The company and all of its affiliated licensees represent you as a client (called “single agency”); The company appoints, with your written consent, one or more of the affiliated licensees to represent you as an agent(s) (called “appointed agency”); The company may offer limited agent level services as a disclosed dual agent.

WHAT IS A DISCLOSED DUAL AGENT? To disclose all material defects pertaining to the physical condiIn certain situations a licensee may act as an agent for and [This document is not a contract.] tion of the real estate that are known by the licensee; represent both the buyer and the seller in the same transaction. This This disclosure must be given to a consumer at the first reasonable opportunity and To treat both the buyer and seller honestly and not knowingly give is called disclosed dual agency. Both the buyer and the seller must before discussing confidential information; entering into a brokerage service agreement; or showing a property. false information; consent to this type of representation in writing.

Working with a dual agent is not the same as having your own excluRIGHT NOW ARE NOT A CLIENT ToYOU account for all money and property received from or on behalf sive agent as a single or appointed agent. For instance, when representing thekeep buyerinformation or seller; and you share confidential. You should not The real estate agent you have contacted is not obligatedof to both a buyer and a seller, the dual agent must not disclose to one party any reveal any confidential information that could harm your bargaining position. confidential information obtained from the other party.

To comply with all state and federal laws related to real estate brokerage activity.

Vermont law requires all real estate agents to perform basic duties when dealing with a buyer or seller who is not a client.

Until you enter into a written brokerage agreement with the licensee for All real estate agents shall: Remember! client-level representation • Disclose all material facts known to the agent about a property;you are considered a “customer” and the licenUnless you enter into a written agreement notknowingly your agent. give As a false customer, you shouldinformation; not expect the licen• Treat both the buyer and seller honestly see andisnot or misleading for agency representation, you are see to promote your best interest, or to keep any information you give • Account for all money and property received from or on behalf of a buyer or seller; and a customer—not a client. to the licensee confidential, including your bargaining position.

• Comply with all state and federal laws related to the practice of real estate.

If you want a licensee to represent you, you will You May Become need a Client to enter into a written listing agreement or THIS IS NOT A CONTRACT a written buyer representation agreement.

The-firm. Clients You may become a client by entering into a written brokerage service agreement with a real estate brokerage It is important for you to know that this form is not a contract. The licensee's se agreements create a client-agent relationreceive the full services of an agent, including: completion of the statement below acknowledges that you have been given ship between you and the licensee. As a client • Confidentiality, including of bargaining information; the information required by Maine law regarding brokerage relationships so you can expect the licensee to provide the fol• Promotion of the client’s best interests within the limits of the law; that you may make an informed decision as to the relationship you wish to lowing services, in addition to the basic ser• Advice and counsel; and establish with the licensee/company. vices required of all licensees listed above: • Assistance in negotiations.

To perform the terms of the written agreement with skill and care; To Be Completed By Licensee You are not required to hire a brokerage firm for the purchase or sale of Vermont real estate. You may represent yourself.

To promote your best interests; This form was presented on (date)_____________________________ If you engage a brokerage firm, you are responsible for compensating the firm according to the terms of your brokerage service For seller clients this means the agent will put the To______________________________________________________ agreement.

Name of Buyer(s) or Seller(s) seller’s interests first and negotiate the best price and ____________________________________________ termscompensation for the seller; and conflict of interest policies.

Before you hire a brokerage firm, ask for an explanation of the firm’s

You May Become A Client

• •

by______________________________________________________ For buyer clients this means the agent will put the buyLicensee's Name Brokerage Firms May Offer er’s interests first and negotiate for the best prices and NON-DESIGNATED AGENCY or DESIGNATED AGENCY on behalf of_______________________________________________ terms for the buyer; and Company/Agency Non-designated agency brokerage firms owe a duty of loyalty to a client, which is shared by all agents of the firm. No To maintain confidentiality of with specific client information, inmember of the firm may represent a buyer or seller whose the interests conflict yours. cluding bargaining information.

Designated agency brokerage firms appoint a particular agent(s) who owe a duty of loyalty to a client. Your designated MREC Form#3 Revised 07/2006 Office Title Changed 09/2011 agent(s) must keep your confidences and act always according to your interests and lawful instructions; however, other agents of the firm may represent a buyer or seller whose interests conflict with yours.

To check on the license status of the real estate brokerage company or affiliated licensee go to www.maine.gov/professionallicensing.

Inactive licensees may not practice real estate brokerage.

THE BROKERAGE FIRM NAMED BELOW PRACTICES DESIGNATED AGENCY

I / We Acknowledge Receipt of This Disclosure

This form has been presented to you by:

______________________________________ Printed Name of Consumer

____________________________________________ Printed Name of Real Estate Brokerage Firm

______________________________________ Signature of Consumer Date

____________________________________________ Printed Name of Agent Signing Below

[ ] Declined to sign ______________________________________ Printed Name of Consumer

____________________________________________ Signature of Agent of the Brokerage Firm Date

______________________________________ Signature of Consumer Date [ ] Declined to sign

9/24/2015

THE MARKET

Local Market Conditions Market conditions vary by location and price point.

My job is to educate you on how market conditions will impact your home buying process.

oxford county, me $238,206

grafton county, NH

CHANGE: +17%

$345,522 CHANGE: +17%

windsor county, VT cumberland county, me

$421,809 CHANGE: +25%

$455,760 CHANGE: +15%

carroll county, nh $425,950

sullivan county, nh

CHANGE: +10%

$315,443 CHANGE: +32%

merrimack county, nh $346,553 CHANGE: +12%

Coldwell Banker Lifestyles Office

Single-Family average Sales Price 2019 VS. 2020*

*NH and VT counties reported by NEREN, Inc., for the period of 1/1/2019-12/31/2019 versus 1/1/2020-12/31/2020. ME counties Based on information from the Maine Real Estate Information System, Inc. (d/b/a Maine Listings) for the period of 1/1/2019-12/31/2109 versus 1/1/2020-12/31/2020. Percentages rounded to the nearest whole digit.

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THE PROCESS

Steps in the homebuying process Here is an outline of the steps you’ll go through in the homebuying process.

As your buyer’s agent, I will walk you through every step of the way.

step 1

Meet with a Lender

step 2

A local lender will: Advise you on credit and financing programs • Determine how much you can afford • Provide a written pre-qualification letter • Provide estimated closing costs •

step 3

Indentify Your Criteria

Property type • Property features and amenities • Interior: bedrooms, baths, features, etc.

• Location • Timeframe •

Choose a Realtor

As your agent, I will: Educate and explain the buying process • Assist in finding a home that meets your needs • Provide advice and counsel • Negotiate terms of the contract • Manage the closing process and contingencies •

step 4

Begin Home Search

Customize your home search online • I will search MLS, FSBOs, and connect with other agents for homes not listed yet, and prospect neighborhoods you may be interested in.

• Attend open houses • Reassess criteria if needed •

THE PROCESS

step 5

Make an Offer

step 6

What’s in your offer:

Offer accepted, now what:

Price • Deposit amount • Closing date • Inspections and contingencies • Financing contingencies • Due diligence

Contact your lender and provide them the signed purchase and sales agreement • Schedule inspection(s) • Contact attorney • Schedule appraisal (lender)

•

step 7

•

Satisfy Terms

step 8

Satisfy terms of your sales contract: Complete all inspections by deadline Complete financing paperwork • Appraisal completed • Negotiate issues if applicable • Timelines and deadlines are critical

Confirm with lender what is needed to close Prepare for move - contact mover • Cancel and setup utilities • Forward mail •

•

•

Final Walk Through

step 10

The day before closing:

Closing

Who attends:

Verify inspection items have been completed • The home is broom clean and empty of all seller’s personal items •

Prepare for Closing

Things to consider:

•

step 9

Begin Closing Process

You and your agents • Your attorney • Sellers and their attorneys may attend • Lenders may attend •

8 WEEKS

9 HOMES

5 HOMES

is how long typical home buyers search for a home.*

is how many buyers will visit before making a decision.*

is how many homes the buyers viewed online only.*

*According to National Association of Realtors

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STEP 1: MEET WITH A LENDER

Meet with a Local Lender The first step is to know how much you can afford. It’s important to speak with a local lender early in the process to learn about financing programs that may be right for you.

Mortgage Lenders Title Mortgage Company New Hampshire & Vermont • (603) 643-1400

Bar Harbor Bank

financing process 1. Determine your budget and how much you can afford.

New Hampshire, Vermont & Maine • 888-853-7100

2. Get a pre-qualification letter from a local lender.

Ledyard Bank

3. Gather the documents you’ll most likely need to meet with a local lender such as:

New Hampshire & Vermont • (603) 643-2244

•

Two most recent pay stubs

New Hampshire • (603) 863-3000

•

Mascoma Bank

Long term debt information, such as credit card, student loan, etc.

•

W-2 from previous year(s)

Sugar River Bank

New Hampshire & Vermont • 888-627-2662

Bank of NH New Hampshire • 800-832-0912

Legacy Mortgage New Hampshire & Vermont • 603-643-7400

• Last

two months’ bank statements

Being pre-qualified can make your offer stronger to the seller.

STEP 2: CHOOSE A REALTOR

Your Advocate in the buying process As your buyer’s agent, I am here to guide you, answer your questions, and help you make an informed decision.

• Promote your best interests and maintain confidentiality.

• Conduct an in-depth buyer consultation to identify your

needs and wants.

• Schedule showing of properties.

• Analyze the current market conditions and features that may

affect a property’s value.

• Navigate the transaction process: •

Review of seller disclosure documents

•

Prepare and negotiate the offer and contingencies

•

Work with you to ensure terms, conditions and deadlines have been met; including home inspections, financing, attorney and home insurance.

•

Attend the final walk-thru and closing

• Negotiate on your behalf to protect your interests • Be your resource after the closing of your property

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STEP 3: INDENTIFY YOUR CRITERIA

HOME FEATURES WORKSHEET

FILL OUT THIS FORM AND DISCUSS WITH YOUR REAL ESTATE AGENT The more your real estate agent knows about what you want, the easier it will be for them to help you find the right home. Take time to thoroughly complete the worksheet below and then discuss this with your agent.

FEATURES

Price: $

SPECIFY YOUR PREFERENCES

IMPORTANCE (CIRCLE)

Property View

1

2

3

4

5

Architectural Style

1

2

3

4

5

Swimming Pool

1

2

3

4

5

Deck/Patio

1

2

3

4

5

Garage

1

2

3

4

5

Yard

1

2

3

4

5

Maintenance Free

1

2

3

4

5

Floor Plan

1

2

3

4

5

Bedrooms

1

2

3

4

5

Bathrooms

1

2

3

4

5

Living Room

1

2

3

4

5

Family Room

1

2

3

4

5

Bonus/Game Room

1

2

3

4

5

Dining Room

1

2

3

4

5

Kitchen

1

2

3

4

5

Basement

1

2

3

4

5

Home Office

1

2

3

4

5

Convenience to Employment

1

2

3

4

5

Convenience to Transportation

1

2

3

4

5

Convenience to Shopping

1

2

3

4

5

Convenience to Schools

1

2

3

4

5

Convenience to Daycare

1

2

3

4

5

Nearby Recreational Facilities

1

2

3

4

5

Near Police & Fire Protection

1

2

3

4

5

Interior

community location

STEP 4: BEGIN HOME SEARCH

Let the fun begin As your agent, I am committed to help you find homes that fit your needs and wants. Even if that means getting creative when options are slim.

When you use my website, TheCBLife.com, to search for properties, you will be able to collaborate directly with me. You can ask me questions right from the listing page. I can add recommended listings for you to view. And with just a click of button you can request a showing.

It’s helpful to keep notes and questions on homes you are interested in. I will email new listings that match your criteria once they hit the MLS.

I will go further to find you a home • Identify neighborhoods you are interested in • Network with other agents • Search homes for sale by unrepresented sellers • Prospect neighborhoods you are interested in

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STEP 5-6: THE OFFER

Making An Offer You’ve found the perfect home! Now it’s time to make an offer.

As your buyer’s agent, I will advise you on an offer based on your pre-approved loan, current market conditions and the competition.

After you’ve determined an offer amount, I will present it to the listing agent or seller on your behalf. Negotiations may follow between you and the seller as you work toward an agreement.

This is normal, and I will guide you through the process objectively and professionally.

Multiple offers Multiple offers are increasingly more common, as the inventory becomes increasingly tighter. We have experience navigating these types of situations.

things to keep in mind • Have a pre-qualification letter for financing • Be prepared to move rapidly • Highest price doesn’t always win:

offer accepted, now what?

It’s time to contact your lender and start your financing paperwork, schedule the inspector and contact your attorney.

contingencies, terms of financing, deposit amount, and having a flexible closing date are other key factors

STEP 7-9: PREPARE FOR CLOSING

Satisfying Terms. Preparing to Close.

Offer Accepted! Now it’s time to finalize your loan and have inspections done. Meeting your deadlines for inspections, appraisal and financing are critical to getting to closing successfully.

contingencies & deadlines • Property and other inspections • Finance and appraisal dates • Negotiating issues • Due diligence review

preparing for closing • Confirm with lender what is needed for closing(CD) • Home insurance binder • Book moving company • Cancel and setup utilities • Forward your mail

final walk-thru The day before or the day of closing, you take your final walk-thru the home to verify inspection items have been taken care of, the home is broom clean and empty of all of the seller’s personal items.

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STEP 10: SUCCESSFULLY CLOSE

Fee for Success As your buyer’s agent, I am only paid if I am successful in helping you close on the property of your dreams. In most cases, our fee is paid by the seller through their listing agency.

Property listed in the Multiple Listing Service A cooperation fee is offered through the MLS by the Listing Agency. If that offering is not sufficient to cover our fee as agreed to in our Buyer Broker Agreement, the difference can be negotiated as part of the offer or can be paid at closing by our Buyer Client as part of the closing costs.

Unrepresented Seller (aka “For Sale by Owner”) Our fee can be negotiated with the seller as part of the offer or can be paid, at closing, by our buyer client.

STEP 10: TIME TO MOVE

Supporting Your Move While you’re busy thinking about purchasing your property, the very thought of packing for a move can feel overwhelming. Let us assist you.

In our experience, a professional mover can be priceless. Their experience to help you prepare for a move, and also get you out and in of two properties in the same day can save you money (and stress).

Moving companies Custom Moving & Storage New Hampshire & Vermont • (603) 298-8991

R.J. Crowley Moving & Storage New Hampshire & Vermont • (603) 536-1363

Chase the Movers New Hampshire & Vermont • (603) 287-4114

The Country Picker New Hampshire, Vermont & Maine • (603) 447-3200

our home services resources • Handyman • Painting contractor • Cleaning service • Yard service • Electricians • Smart home upgrades • Professional mover

and more!

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FREQUENTLY ASKED QUESTIONS

frequently asked questions How long does a mortgage application take to process?

What do the closing costs include?

It typically takes 45 to 60 days to process an application.

The time depends on how quickly the lender can get an appraisal of the property, review your financial statements, employment and credit information.

Closing costs cover processing and administration of your loan. You may also have to prepay interest charges to cover the partial month in which you close and deposit money into an escrow account for property taxes, homeowner’s and mortgage insurance.

What’s included in my house payment?

Can I pay those other things separately?

Principal and interest on your loan. Depending on the terms of your loan, the payment may also include homeowner’s insurance, mortgage insurance and property taxes.

With most loans you can pay taxes and insurance separately if you borrowed no more than80 percent of the purchase price or appraised value of your home. Check with your lender to be sure.

What could delay my loan approval?

Delays could result if the lender discovers credit problems or if your employment and/or financial status changes between the time you submitted an application and the final loan approval. There may also be a delay if the home you selected appraises for less than the agreed purchase price.

glossary

Glossary of Key Terms While the home buying process is very exciting, it can also be a little overwhelming when you’re faced with terminology and an unfamiliar process. As your buyer’s agent, I am here to guide and inform you.

Adjustable-Rate Mortgage (ARM): A mortgage that permits the lender to adjust the interest rate periodically on the basis of changes in a specified index.

Agency: Any relationship in which one party (agent) acts for or represents another under the authority of the latter.

Agent: A party who is authorized to act in the best interests of a principal/client, and is obligated to place the principal’s interests before the interests of any other parties, including the agent’s own interests regardless of whether the agency relationship is with the seller of the property or the buyer.

Appraisal: A written analysis of the estimated value of a property prepared by a qualified appraiser.

Buyer’s Agent (or Buyer Broker): Represents the consumer who is purchasing property in a real estate transaction, not the seller. A buyer’s representative works for, and owes fiduciary responsibilities (see fiduciary duties) to the real estate buyer and has the buyer’s best interests in mind throughout the entire real estate transaction.

Buyer Broker Agreement: An agreement that specifies the duties and the scope of services a buyer’s representative agrees to provide to the buyer as well as specifying the buyer’s responsibilities.

Closing: A meeting at which a sale of property is finalized by the buyer signing the mortgage documents and paying closing costs, and seller’s transfer of the deed to the property. Typically held at the attorney’s office for the buyer.

Closing Costs: The fees, costs and taxes associated with the purchasing of a home, the borrowing of money and the preparation of necessary paperwork to finalize the sale.

The total amount of the closing costs will vary depending on location, property type, price, and the complexity of the transaction. It is extremely important that the buyer work closely with his/her buyer’s representative, lender, and attorney in the early stages of the home buying process to determine what these costs could be, since closing costs can easily represent thousands of dollars. There are five categories of closing costs: (1) discount(s) points to buying down the mortgage; (2) the costs of originating the mortgage; (3) taxes and other local fees; (4) the cost of documentation; (5) legal fees and insurance.

Commission: The fee charged by a broker or agent for providing services related to a real estate transaction such as marketing the property, bringing the parties together, and negotiating a purchase contract.

Comparative Market Analysis (CMA): An analysis provided by a real estate professional that surveys like properties in a given area or of a certain type for the purpose of determining the relative value of a given property.

Confidentiality: The fiduciary duty that prohibits the agent from communicating personal information about the client that was given to or acquired by the agent within the scope of employment as an agent to the client. Personal information must be kept confidential unless the client releases the agent from this duty. However, the material facts and defects of a property are not confidential.

Deed: The legal document conveying title to a property.

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glossary

Earnest Money Deposit: A deposit made by the potential home buyer to show that he or she is serious about buying the house.

Good-Faith Estimate: An estimate of closing costs associated with the purchase of your home provided by a lender.

Equity: A homeowner’s financial interest in a property.

Home Inspection: A thorough inspection that evaluates the structural and mechanical condition of a property.

Escrow: A deposit of value, money, or documents with a third party to be delivered upon the fulfillment of a condition. For example, the earnest money deposit is put into escrow, held by the broker, bank or other party, until delivered to the seller when the transaction is closed.

Typically held by the Listing Agency acting as Escrow Agent.

Fair Housing Laws: Local, state, and federal fair housing laws that prevent discrimination against any individual or group of individuals based upon race, color, religion, sex, handicap, national origin or familial status, as well as other groups protected by various local and state fair housing laws.

For Sale By Owner (FSBO): A property for sale that is not listed by a real estate professional. The Seller is unrepresented.

Fiduciary Duties: The term fiduciary is defined as relating to or involving a confidence of trust. Fiduciary duties are determined by state law and generally include: confidentially, undivided loyalty, obedience, reasonable care and diligence, full disclosure, and accounting.

Regardless of whether the duties owed in a particular state are traditional, common law fiduciary duties, or are statutorily defined, they are owed to any principal/client.

Full Disclosure: The fiduciary duty that requires the agent to disclose affirmatively and honestly all information the agent knows concerning the transaction (and property) which might affect the decisions a a client or customer makes.

Home Warranty: A guarantee for mechanical systems and appliances, but not the structure, against repairs not covered by homeowner’s insurance; coverage is for a specific period of time.

Inspections: Through review of the general building, radon air and water testing, general water testing and sewage disposal. Other inspections could include lead paint, hazardous waste or any other areas of concern a buyer may have on a specific property.

LTV (Loan to Value): The ratio of the amount of a mortgage loan to the appraised value or sales price of the property mortgaged, whichever is lower.

Lock-In: A written agreement in which the lender guarantees a specified interest rate if a mortgage goes to closing within a set period of time.

Mortgage: A loan to finance the purchase of real estate, usually with specified payment periods and interest rates.

Generally, the mortgage document pledges the mortgaged property to the lender as security for the loan.

Mortgage Insurance: A policy that insures the lender against loss caused by a mortgagor’s default on a mortgage.

Multiple Listing Services (MLS): A database of all properties for sale listed by members of a specified MLS.

glossary

PMI: Private Mortgage Insurance is coverage provided by a private mortgage insurance company to protect lenders against loss if a borrower defaults. Coverage is usually required for a loan with a loan-to-value (LTV) percentage in excess of 80 percent.

Points: A point is one percent of the amount of the mortgage. At closing, Lenders sometimes charge borrowers a percentage of the loan amount equal to the number of points to cover the lender’s cost. Sometimes borrowers pay higher points in exchange for a lower interest rate.

Pre-Approval: A written commitment issued by a lender after a comprehensive analysis of the creditworthiness of the applicant including verification of income, resources, and credit score. A pre-approval makes you a more attractive candidate to the seller when making an offer.

Pre-Qualification: Is an estimation of what a purchaser can afford. This is commonly what a lender provides.

Seller Property Information Report (SPIR): A report completed by the Seller, based on the Seller’s knowledge of the property condition. This report does not replace the need for a property inspection by a professional.Settlement Statement: A document prepared by an attorney, or lender detailing the complete breakdown of the costs and disbursements in a real estate transaction.

Taxes and Other Local Fees: A closing cost that will vary according to the requirements of local governments.

Commonly the property taxes will be pro-rated according to when the buyer will officially become the owner of the property. There can also be homeowner’s association dues, and property transfer taxes.

Title Search: A check of the title records to ensure that the seller is the legal owner of the property and that there are no liens or other claims outstanding.

Underwriting: The process for evaluating a loan’s application to determine the risk involved for the lender.

Purchase Contract: The purchase contract is the legally binding document that sets forth the terms of the sale, establishes the rights and obligations of the parties involved, specifies the actions to be taken in order to close the sale, and establishes the time frames for those steps to be completed.

Real Estate Agent: A person licensed by a state to negotiate and transact the sale of real estate on behalf of a property owner/seller or buyer.

REALTOR®: Identifies a real estate Agent who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics.

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NOTES

NOTES

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Committed to Excellence Thank you for the opportunity to present the buyer representation services of Coldwell Banker Lifestyles. Please contact us if you have any questions about the process or our services.

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