The decision to purchase a home is likely one of the largest financial and lifestyle decisions you will make. By aligning yourself with a trusted advisor, you will be well positioned to find the right property, negotiate fair termsand overcomeany obstaclesthat occur along theway.
Leveraging our vast local expertise, industry connections, and resourceful tools, Gibson Sotheby?s International Realty will not only assist in helping you find the right home, but guide you through the entirepurchaseprocess.
Wehavethekeys to whereyou want to be.
AnnAtamian
I spent the first 16 years of my life in Weston, MA, and then transitioned to an all-girl preparatory school in the Berkshires for my final two years. My time at Miss Hall's was a rich cultural experience, exposing me to women from diverse corners of the globe. One summer, I had the incredible opportunity to live with the family of my roommate, who happened to be Miss Haiti.
Moving on to New Hampshire College's business school, I earned my degree in management, accounting, and computers.During college, my summers were occupied with renovating old mill buildings, engaging in labor jobs, handling bookkeeping tasks, and venturing into commercial retail sales. Real estate made intermittent appearances in my journey, touching various aspects of my management and sales roles.
While working at an e-commerce company, a coworker's suggestion led me to consider obtaining a real estate license. Despite initial reservations due to the industry's less-than-stellar reputation, a weekend course transformed my perspective. It was then that I realized my passion for working with people and being a part of the real estate world. Taking the plunge, I kick started my career at DeWolfe Real Estate in Framingham, finding it to be an ideal location for a mother of three.
Our family has called Southborough home for over 30 years, providing us with the perfect setting. In my leisure time, you'll find me staying active?whether walking my dog, Jett, at Hopkinton State Park, or participating in weekly soccer games. Yes, I play soccer and even join my women's organization in national and global tournaments; and they recently explored Africa in the spring of 2023. Although I didn't participate in that particular adventure, I'm hopeful to join them on their next global exploration in 2025.
Beyond my athletic pursuits, I'm also a sailor and spend time sailing in Boston Harbor and Buzzards Bay. Additionally, I find joy in spending time down the Cape with my two grandchildren. Watching them explore and seeing their excitement for the simple things reminds me of how wonderful our world is, filled with amazing people and beautiful places.
If you're interested in learning more about my background or have any questions, feel free to reach out. I'm always happy to chat about the aspects mentioned above.
Thereviewsspeakfor themselves
TERESA Northborough, MA
"AnnAtamianistrulyoneof those peopleinlifewhostandout intheir professionasexceptional.I highly recommendher tofamilyandfriends whoalsohaveenjoyedthebenefit of her expertise.Annknowsthebusiness insideandout.Sheprovided information,handsonsupport, referralsandemotional support, sellingmyhomeaboveaskingpricein amatter of days.I wouldconsider no other Realtor for myfuturehousing needs!"
"I contactedAnntoask if shecouldcometomyhometowalk throughandwithher extensiveknowledgeandexperience,adviseusroombyroomwhat neededtobedone tobereadytolist of our homebyfall.Sherespondedandscheduledavisit right away. Whenit cametimetolist our home,Annspent anentireSaturdaymorninggivingusa veryimpressiveandprofessional presentationwhichsheexplainedtousstepbystep everydetail of our contract,wherethemarket wasinAshlandandour neighborhood, andthebuyer'scycle.Shethenimmediatelyscheduledaprofessional photographer to meet at our homeandspent timetomakesureeachphotowasjust right.Shereally getstoknow everythingabout ahomeandknowsexactlyhow toshowcaseitsbest qualities.Not onlydidsheput our mindsat easeknowingwechosethebest Realtor, shebecameafriendtous.Shehasawonderful,positivepersonalityandreallyloves what shedoes.Annwassoontopof everythingfromopenhouses,showings,and feedback tojust callingtoseehow weweredoing.Eventhoughtheendof August was aslower timeinthemarket tosell,shewaspersistent andbytheendof October wegot anoffer andsold.Thewholeprocesswassmoothandstressfree.Thank youAnn.We loveyou."
What haveI done formybuyerslately?
168 RIVER ROAD EAST, UNIT LOT 4, HUDSON, MA
Sold for $929,900
Represented Buyer
1033 EDMANDS ROAD, FRAMINGHAM, MA
Sold for $715,000
Represented Buyer
22 S LENOX STREET, WORCESTER, MA
Sold for $660,000
Represented Buyer
18 VESPER, BOURNE, MA
Sold for $879,900
Represented Buyer
20 MEADOW ROAD, NORTHBOROUGH, MA
Sold for $550,000 Represented Buyer
19 LACONIA ROAD, NATICK, MA
Sold for $540,000 Represented Buyer & Seller
From initial meetings to the final closing, below is an overview of what to expect throughout the home buying process.
01| CHOOSE AN AGENT
Select a sales associate to act as your buyer's agent.
02 | GET PRE-APPROVED
The first step of the home buying process is getting pre-approved for a loan. During this process, your mortgage lender will review your income and credit history to determine what size loan you are eligible to receive.
03 | BEGIN THE SEARCH
Once you have determined your budget, you and your agent will meet to review your wish list, desired timing,and begin your search.Together you will review inventory and visit properties.
04 | OFFER STRATEGY MEETING
Prior to preparing an offer, your agent will show you comparable properties and collaborate with you to clearly review different offer strategies. You have the right to a home inspection, a mortgage contingency and a lead paint inspection. Discuss ways to make your offer more appealing and the implications including having a pre-inspection or waiving your rights to other contingencies.
05 | SUBMIT AN OFFER
Once you find a property that you love, you will choose an offer strategy and discuss with your agent how to position your offer to get it accepted. Based on the seller's response, your agent will guide you through next steps. Offer deposit due (typically $1,000). Hire a professional home inspector and conduct a home inspection.| 3-10 daysafter acceptedoffer
1
Select a sales associate to act as your buyer's agent
2
Pre-approve for a mortgage
3 Define your real estate needs. Visit and review properties
4 Prepare offer and discuss strategies
5
6 Sign the Purchase and Sale Agreement
Submit an offer. Conduct a home inspection 5?14 Days After Accepted Offer
3?10 Days After Accepted Offer
06 | SIGN THE PURCHASE & SALE AGREEMENT
After the offer and terms are accepted, the seller?s attorney will draft a Purchase and Sale Agreement. It states the final sale price and all terms of the purchase. This binding contract needs to be reviewed by your attorney prior to you signing it.P&S deposit due (typically 5%).| 5-14 daysafter acceptedoffer
07 | FORMALLY APPLY FOR A LOAN & LOCK IN YOUR RATE
Your mortgage lender will work with you to review all final loan documents.| 5-14 daysafter accepted offer
08 | APPRAISAL
The property will be reviewed by a licensed professional to assess its value.| 14-21daysafter acceptedoffer
09
| CLOSING PREPARATION
Closing preparation by the closing attorney including a title search and document preparation. | 7-14 days prior toclosing
10 | UTILITIES / HOME INSURANCE
You will need to review various options and select your homeowners insurance policy. Notify the utility companies of the closing date to disconnect seller/connect for the buyers (natural gas, electric, telephone, cable,and Internet).| 7-14 daysprior toclosing
11| FINAL WALK-THROUGH
Just prior to the closing, you will go through a final walk-through of the property. This will ensure that the property is in the same condition as when you visited previously.| 1dayprior toclosing
12 | CONGRATULATIONS!
Once you sign the final paperwork, exchange the payment, and the transaction is recorded at the Registry of Deeds, you are officially a homeowner. Congratulations, you will now receive the keys to your new home. 45-60 daysfrom acceptedoffer
What toExpect from YourBuyer?sAgent
A buyer's agent represents you, the buyer, during the home buying process. The agent has a fiduciary responsibility to represent only the homebuyer'sbest interest in all aspectsof thehomebuying process.
Similar to a Listing Agreement, Buyers execute an Agency Agreement for professional services and representation between themselves and Gibson Sotheby's International Realty. This confirms the compensation for the Buyer's Agent and Brokerage. It should be noted that the amount a brokerage charges is not fixed by law, the commission amount is negotiable,and brokeragesmay set minimum compensation.
ServicesProvided Seller?sAgent Buyer?s
Agent
FacilitatesProperty Showings
DisclosesAdverseFactorsRelating to HomesViewed
PeopletoHaveonYourTeam
BUYER?S AGENT
Take your time to select a buyer?s agent with whom you feel comfortablediscussingyour goals and priorities in home buying. A good agent is knowledgeable in market prices, neighborhood qualities, and the offer process. In addition to helping you shop for homes, using their experienced eye to point out features and flaws in the home that you might otherwise miss, they will negotiate on your behalf and will be your advocate from the beginning of the process right through closing.
REAL ESTATE ATTORNEY
Ask friends, co-workers or your real estate agent for referrals to a good real estate attorney. Don?t be shy about interviewing them, and finding one you are compatible with, who regularly represents home buyers and sellers. Your attorney should be reasonably affordable, accessibleand not too busy for you.
LENDER
Your lender is the one who assists you with borrowing the funds to purchase your home, typically in the form of a mortgage. Your lender should have a variety of consistently competitive lending programs. They should also be accessible as you may need them on weekends or at night especially duringtheoffer process.
INSURANCE AGENT
The insurance agent comes in after you have signed the purchase and sale agreement. Most lenders will not close the sale until the buyer has purchased insuranceon thehome.
HOME INSPECTOR
However similar they may seem, a home inspector is different than an appraiser. The home inspector can enter the home buying process either before or after the offer is submitted. The inspector takes a deep dive into the home's condition and points out any areas of concern. Armed with this information, the buyer can ask the seller to complete some of these repairs themselves, lower the total purchase price,or terminatethesalealtogether.
CONTRACTORS
You may need various contractors throughout the process to assess issues that came up at the home inspection, or provide estimates for work you would like to do once you purchase the home.Your real estateagent can usually help you with references for good contractors, including plumbers, electricians, painters, contractors, moversand cleaners.
TheRight Tools ForYourSearch
DEPOSIT LINK
A simple, secure, and efficient way to send earnest money deposits electronically. Payments clear in less than 24 hours.You can safely send your deposits from anywhere. Track the status of transfers in real-time with your phone.
REALSCOUT
A collaborative home search tool that allows our clients and their buyer?s agent to share listings, compare properties and spotlight market alerts throughout the home buyingprocess.
OFF MARKET & COMING SOON
Our powerful local network has access to exclusive off market inventory as well as propertiesbeforethey launch on theMLS.
SOTHEBY'S INTERNATIONAL REALTY®WEBSITE AND APP
Our enhanced website now in 14 languages engages millions of buyers via high-resolution photography, 3D virtual reality tours, and ultra-high-definition videos. Listings from around the globe can be accessed seamlessly on any device and mobile users can directly text their buyer's agent from any listingpage.
LocalExpertise, GlobalConnections.
#1Massachusetts Based Firm
Locally owned and operated, Gibson Sotheby?s International Realty is Massachusetts?s largest independent real estate company and the premier provider in luxury real estate across Eastern Massachusetts. With over 500 expert real estate advisors throughout our 25+ offices coupled with our powerful network of more than 1,115 Sotheby?s International Realty offices worldwide, wetruly havethepower to assist wherever your real estateneedsmay takeyou.
25+ Local Offices
500 Local Agents
84 Countries & Territories
1,115 Global AffiliateOffices
Proudly serving Boston,Greater Boston,MetroWest,theNorth Shore,South Shore,South Coast and CapeCod.
BuyerPacket
Commonwealth of Massachusetts
BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESPERSONS
http://www.mass.gov/ocabr/licensee/dpl-boards/re/ MASSACHUSETTS MANDATORY LICENSEE-CONSUMER RELATIONSHIP DISCLOSURE THIS IS NOT A CONTRACT
This disclosure is provided to you, the consumer, by the real estate licensee listed in this disclosure.
THE TIME WHEN THE LICENSEE MUST PROVIDE THIS NOTICE TO THE CONSUMER:
All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific residential property. If there is no personal meeting between you and the licensee, this form must be presented electronically or through some other means before the licensee enters into a contract with a consumer. Residential property is defined as land with a building intended for use as a one to four-unit residential dwelling or the purchase or sale of land on which a building is intended to be constructed for use as a oneor two-unit residential dwelling. In the event this relationship changes an additional disclosure must be provided and completed at that time.
CONSUMER INFORMATION AND RESPONSIBILITY:
If you are a buyer or seller, you can engage a licensee to provide advice, assistance and representation to you as your agent. The licensee can represent you as the seller (Seller's Agent) or represent you as the buyer (Buyer's Agent) or can assist you as a Facilitator.
All real estate licensees, regardless of the working relationship with a consumer must, by law, present properties honestly a nd accurately, and disclose known material defects in the real estate.
The duties of a real estate licensee do not relieve consumers of the responsibility to protect their own interests. If you need advice for legal, tax, insurance or land survey matters it is your responsibility to consult a professional in those areas. Real estate licensees do not and cannot perform home, lead paint, or insect inspections, nor do they perform septic system, wetlands or environmental evaluations.
Do not assume that a real estate licensee works solely for you unless you have an agreement for that relationship.
For more detailed definitions and descriptions about real estate relationships, please see page 2 of this disclosure.
THE SELLER OR BUYER RECEIVING THIS DISCLOSURE IS HEREBY ADVISED THAT THE REAL ESTATE LICENSEE NAMED BELOW IS WORKING AS A:
If seller’s or buyer’s agent is check ed above, the licensee must complete the following section:
Check one: Non- Designated Agency
The real estate firm or business listed below and all other affiliated agents are also working as the agent of the Seller Buyer
Only the licensee named herein represents the Seller Buyer (designated seller agency or designated buyer agency). In this situation any other agents affiliated with the firm or business listed below do not represent you and may represent another party in your real estate transaction.
By signing below, I, the real estate licensee, acknowledge that this disclosure has been provided to the consumer named herein:
Signature of Licensee Printed name of Licensee License #
Date Name Real Estate Brokerage Firm Brokerage Firm License #
Signature of consumer Printed name of consumer
Signature of consumer Printed name of consumer
Check here if the consumer declines to sign this notice.
SELLER'S AGENT
A seller can engage the services of a real estate licensee to act as the seller’s agent in the sale of the seller’s property. This means that the real estate agent represents the seller, who is a client. The agent owes the seller client undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put the seller's interests first and attempt to negotiate price and terms acceptable to their seller client. The seller may authorize sub-agents to represent him/her in marketing its property to buyers, however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions.
BUYER'S AGENT
A buyer can engage the services of a real estate licensee to act as the buyer’s agent in the purchase of a property. This means that the real estate agent represents the buyer, who is a client. The agent owes the buyer client undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put the buyer's interests first and attempt to negotiate price and terms acceptable to their buyer client. The buyer may also authorize sub-agents to represent him/her in purchasing property, however the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions.
(NON-AGENT) FACILITATOR
When a real estate licensee works as a facilitator that licensee assists the seller and/or buyer in reaching an agreement but does not represent either the seller or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliat ed, owe the seller and buyer a duty to present all real property honestly and accurately by disclosing known material defects and owe a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information received from a seller or buyer confidential. Should the seller and/or buyer expressly agree, a facilitator relationship can be changed to a seller or buyer client relationship with the written agreement of the person so represented.
DESIGNATED SELLER'S AND BUYER'S AGENT
A real estate licensee can be designated by another real estate licensee (the appointing or designating agent) to represent a buyer or seller, provided the buyer or seller expressly agrees to such designation. The real estate licensee once so designated is then the agent for that buyer or seller who becomes the agent’s client. The designated agent owes the buyer client or seller client, undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put their client's interests first, and attempt to negotiate price and terms acceptable to their client. No other licensees affiliated with the same firm represent the client unless otherwise agreed upon by the client. In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer in the same transaction, then the appointing agent becomes a dual agent. Consequently, a dual agent cannot fully satisfy the duties of loyalty, full disclosure, obedience to lawful instructions, which is required of a seller or buyer agent. Only your designated agent represents your interests. Written consent for designated agency must be provided before a potential transaction is identified, but in any event, no later than prior to the execution of a written agreement for purchase or sale of residential property. The consent must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample consent to designated agency is available at the Board's website at www.mass.gov/dpl/re
DUAL AGENT
A real estate licensee may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed written consent of both the seller and the buyer. A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer. Consequently, a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions, which is required of a seller or buyer agent. A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds. Written consent for dual agency must be provided before a potential transaction is identified, but in any event, no later than prior to the execution of a written agreement for purchase or sale of residential property. The consent must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample consent to dual agency is available at the Board's website at www.mass.gov/dpl/re.
OFFER TO PURCHASE REAL ESTATE
TO __________________________________________________________________ (Seller and Spouse)
The property herein referred to is identifed as follows:
Special provisions (if any) re fxtures, appliances, etc.
hereby offer to buy said property, which has been offered to me by
From the Offce of : _________________________________
_____________________________________________________________________ as the Broker(s) under the following terms and conditions:
CHECK ONE:
1. I will pay therefore $___________________________, of which Check, subject to collection
(a) $ ____________________ is paid herewith as a deposit to bind this Offer Cash
(b) $ ____________________ is to be paid as an additional deposit upon the execution of the Purchase and Sale Agreement provided for below.
(c) $ ____________________ is to be paid at the time of delivery of the Deed in cash, or by certifed, cashier ’s, treasurer’s or bank check(s).
(d) $ ____________________
(e) $ ____________________ Total Purchase Price
2. This Offer is good until _______________ A.M. P.M. on _________________________________, 20_____ at or before which time a copy hereof shall be signed by you, the Seller and your (husband) (wife), signifying acceptance of this Offer, and returned to me forthwith, otherwise this Offer shall be considered as rejected and the money deposited herewith shall be returned to me forthwith.
3. The parties hereto shall, on or before ____________ A.M. P.M. ________________________, 20_____ execute the applicable Standard Form Purchase and Sale Agreement recommended by the Greater Boston Real Estate Board or any form substantially similar thereto, which, when executed, shall be the agreement between the parties hereto.
4. A good and suffcient Deed, conveying a good and clear record and marketable title shall be delivered at 12:00 Noon on _______________, 20_____ at the appropriate Registry of Deeds, unless some other time and place are mutually agreed upon in writing.
5. If I do not fulfll my obligations under this Offer, the above mentioned deposit shall forthwith become your property without recourse to either party. Said deposit shall be held by ________________________________________ as escrow agent subject to the terms hereof provided however that in the event of any disagreement between the parties, the escrow agent may retain said deposit pending instructions mutually given in writing by the parties. A similar provision shall be included in the Purchase and Sale Agreement with respect to any deposit held under its terms.
6. Time is of the essence hereof.
7. Disclosures: For one to four family residences, the Buyer hereby acknowledges receipt of the Home Inspectors: Facts for Consumers brochure produced by the Offce of Consumer Affairs. For residential property constructed prior to 1978, Buyer must also sign Lead Paint “Property Transfer Notifcation.”
8. The initialed riders, if any, attached hereto are incorporated herein by reference. Additional terms and conditions, if any:
NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. WITNESS MY HAND AND SEAL
Receipt of deposit check for transmittal by: (Agent/Facilitator)___________________________________________________________________________ Check shall not be deposited unless offer is accepted.
This Offer is hereby accepted upon the foregoing terms and conditions at ___________________ A.M. / P.M. on ________________________, 20___________ WITNESS my (our) hand(s) and seal(s)
(or spouse)
Received from ________________________________________________________ Buyer the sum of $_________________________________ as deposit under the terms and conditions of above Offer, to be held by _________________________________________________________________________________________ as escrow agent. Under regulations adopted pursuant to the Massachusetts license law: All offers submitted to brokers or salespeople to purchase real property that they have a right to sell shall be conveyed forthwith to the owner of such real property. RECEIPT FOR DEPOSIT
OFFER TO PURCHASE CONTINGENCY ADDENDUM
The BUYER, if checked, hereby incorporates the following contingencies into this Offer to Purchase Real Estate.
MORTGAGE CONTINGENCY
In order to help fnance the acquisition of the property, the BUYER shall apply for a conventional bank or other institutional mortgage loan of $ ___________________ at prevailing rates, terms and conditions. If despite the BUYER’s diligent efforts a commitment for such loan cannot be obtained on or before _____________, 20____, then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER prior to the expiration of such time, whereupon all deposits made by the BUYER shall be forthwith refunded, and this agreement shall become null and void and without further recourse to either party. In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions on or before _______________, 20____.
INSPECTION CONTINGENCY
The BUYER may, at the BUYER’s own expense and on or before _________________, 20____, have the property inspected by a duly-licensed person engaged in the business of conducting home inspections. If it is the opinion of such inspector that the property contains serious structural, mechanical or other defects and if the repair of such defects would cost the BUYER in the aggregate more than $___________________, then the BUYER shall have the option of revoking the agreement by written notice to the SELLER and/or Broker representing the SELLER on or before ________________, 20____. Such notice shall be accompanied by a copy of the inspector’s opinion and cost estimates.
RADON CONTINGENCY
The BUYER may, at the BUYER’s own expense and on or before ________________, 20__, have the property inspected for the presence of radon gas. In the event a customary test for the presence of radon gas indicates the presence of radon gas in excess of levels deemed acceptable by the federal Environmental Protection Agency, then the BUYER shall have the option of revoking the agreement by written notice to the SELLER and/or Broker representing the SELLER on or before ________________, 20____. Such notice shall be accompanied by a copy of the test results.
PEST INSPECTION CONTINGENCY
The BUYER may, at the BUYER’s own expense on or before ______________, 20____, have the property inspected by a person engaged in the business of pest inspection and control. If it is the opinion of such inspector that the property is infested by termites or other wood boring pests, then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER on or before _______________, 20___. Such notice shall be accompanied by a copy of the inspector’s opinion and any related inspection report.
LEAD PAINT CONTINGENCY ADDENDUM
The BUYER may, at the BUYER’s own expense and within ten (10) days after the acceptance of this agreement, have the property professionally inspected for the presence of paint, plaster or other accessible materials containing dangerous levels of lead (as such terms are defned by applicable Massachusetts laws and regulations). A copy of the inspector’s report shall be furnished to the SELLER upon receipt by the BUYER. If it is the opinion of such inspector that any such materials are present on the property, then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER prior to the expiration of such time.
In the event the BUYER revokes the agreement consistent with the terms of the above selected Contingencies, then any deposits made by the BUYER shall be forthwith refunded, and this agreement shall be null and void and without further recourse to either party.
Home Inspectors Consumer Fact Sheet
About Home Inspections
A standard home inspection is a visual examination of the physical structure and major interior systems of a residential building consisting of one to four dwelling units. It should be understood that there are certain risks inherent in the purchase of property and a home inspection is inherently limited in its scope and depth. The information gained from home inspection conforming to 266 CMR 6.00 may reduce some of those risks, but the home inspection is not intended to provide the client with protection from all of the risks involved.
An inspection can be likened to a physical exam by a physician; however, it should be clearly understood that a home inspection is not to be confused with an appraisal, a building code inspection, a guarantee of any kind, and/or an insurance policy on the condition of the property.
During an inspection, the inspector will review the readily accessible exposed portions of the structure of the home, including the roof, the attic, walls, ceilings, floors, windows, doors, basement, and foundation as well as the heating/air conditioning systems, interior plumbing and electrical systems for potential problems.
Home inspections are not intended to point out every small problem or any invisible or latent defect in a home. Most minor or cosmetic flaws, for example, should be apparent to the buyer without the aid of a professional.
Timing of the Home Inspection
A home inspector is typically hired by a potential homebuyer right after the offer to purchase contract is signed, prior to executing the final purchase and sales agreement. However, before the potential buyer signs the offer to purchase contract, he/she should be sure that there is an inspection clause in the contract making the purchase obligation contingent upon the findings of a professional home inspection. This clause should specify the terms to which both the buyer and seller are obligated.
Selecting a Home Inspector
Good referral sources for home inspection services are friends, neighbors, or business acquaintances who have been satisfied with a home inspector. In addition, lawyers and mortgage brokers may also recommend a home inspector. The names of local inspectors can be found by entering the words home inspection and the zip code of the community where you are purchasing the dwelling and/or searching the Division of Professional Licensure website
at www.mass.gov/dpl/ or in the Yellow Pages where many advertise under "Building Inspection Service" or "Home Inspection Service."
Real estate brokers and salesmen may not directly recommend a specific home inspection company or home inspector unless representing the buyer as a buyer's broker. Brokers, however, may provide assistance to buyers in accessing information on licensed home inspectors.
A current homeowner may also want to get a home inspection to identify any problems, especially if the owner plans to sell the home in the near future.
Following are additional tips when searching for a home inspector:
As of May 2001, home inspectors are required to be licensed in the Commonwealth of Massachusetts. A home inspector's license should be verified prior to hiring. Consumers should not be confused by home inspector "certifications" offered by, or sold by home inspection trade societies or companies, obtained via home study courses, or provided by home inspection companies that certify their own home inspectors. Since the home inspection business is unregulated in most states, certifications are available to anyone. A home inspector's license can be verified with the Board of Registration of Home Inspectors at its website or by calling the Board at (617) 727-4459.
The home inspection company that is retained should welcome the potential buyer's presence at the home inspection. The home inspector should be willing to address all of the buyer's questions and provide a full verbal and written report.
Those hiring an inspector should expect an open door policy from the home inspection company to be able to ask questions about the content of the home inspection report in the future.
During the Home Inspection
While not necessary, it is recommended that the buyer be present for the inspection. This allows the buyer to observe the inspector, ask questions directly, and obtain a better understanding of the condition of the home, how its systems work, and how to maintain it. The written report may be easier to understand if the buyer was present during the inspection.
It is important that you provide safe access and sufficient lighting so that the inspector can inspect the property.
Inspectors must provide a written evaluation report based on the standards of compliance in accordance with CMR 266.6.00
At the conclusion of the home inspection, the buyer should be well informed of the condition of the home. It should be known if there are visible, apparent problems, if repairs need are required, or whether or not there are any risks of concealed damage, and whether further investigation is recommended and/or required.
Other Inspections and Tests to Consider
It is strongly recommended that potential buyers consider having the following inspections and/or tests performed prior to signing the final purchase agreement:
Lead paint, http://www.mass.gov/eohhs/gov/departments/dph/programs/environmental-health/exposuretopics/lead/delead/
Water quality ( is it drinkable)
Wood destroying insects, including termites.
Air quality, including radon gases.
Fungi, mold and allergens.
While some home inspectors are qualified to offer these services, these inspections and tests are not part of the basic home inspection and should be contracted through qualified licensed professionals (of your choice and hire) in those fields.
Filing a Complaint
While most licensees conduct themselves as true professionals, the Division of Professional Licensure will take action against those licensees who fail to maintain acceptable standards of competence and integrity. In some cases, dissatisfied consumers make complaints, however, dissatisfaction alone is not proof of incompetence or sufficient grounds for disciplinary action.
If you have a serious complaint about a home inspector, call or write the Divisions' Office of Investigations and ask for a complaint form. The Division's Office of Investigations is located at 1000 Washington Street, Suite 710, Boston, MA 02118. The phone number is 617-727-7406. A copy of the complaint form can also be downloaded from the Division's website ( www.mass.gov/dpl/ ).
. PROPERTIES Buyer is retaining Gibson SIR to be the exclusive Broker representing the Buyer in the purchase of real property. The Buyer retains the sole and absolute right to determine if a property is acceptable.
. TERM This Agreement shall be in effect from the date of signing through ________________________________________or to completion of the Acquisition of the property, if under agreement, whichever is later (the “Term”). The Buyer’s obligation to pay the compensation will continue for a 90-day period after the expiration of the Term of this Agreement for properties introduced and shown by the Buyer’s Agent during the Term.
. GIBSON SIR AGREES TO:
● Prepare a wants/needs list for the Buyer.
● Use reasonable efforts to locate properties acceptable to the Buyer through the Multiple Listing Service (MLS) and off MLS.
● Work in the Buyer’s best interest and preserve the Buyer’s confidential information.
● Maintain regular communication with the Buyer throughout the term of the Agreement.
● Attend scheduled showings of properties.
● Provide professional advice and guidance to the Buyer.
● Refer the Buyer to professionals such as lenders, attorneys, home inspectors, etc.
● Assist the Buyer in determining the market value of properties of interest.
● Provide a Co parati e Market Analysis for properties the Buyer is considering writing offers for, upon the Buyer’s request.
● Assist the Buyer in negotiating terms and conditions of the offer and home inspection issues, if applicable.
. BUYER AGREES TO:
● Work exclusively with Gibson SIR during the Term and to conduct all real estate purchase negotiations through Gibson SIR and the Buyer’s Agent.
● Cooperate with Gibson SIR by providing necessary personal information to evaluate Buyer’s needs and qualifications.
● Notify any other broker that the Buyer is working with Gibson SIR under the terms of this Agreement.
● Within 7 days of the entering into this Agreement and/ or prior to the Offer to Purchase, the Buyer will provide the Buyer’s Agent a pre-approval from a lender if the Buyer is seeking financing or proo o n
The Buyer herein acknowledges to being advised that broker commissions are not set by law and are fully negotiable
Prior to showing a property as a buyer representative, a real estate agent who is a REALTOR® must enter into a written agreement with the buyer defining how the real estate broker will be paid.
● The Buyer agrees to pay Gibson SIR compensation for representation in the amount of %of the gross purchase price of any property purchased during the Term of this Agreement.
● The Buyer’s obligation to pay the compensation will be at the time the Buyer purchases the property and takes title.
● No fee will be due under this Agreement if the Buyer does not purchase a property.
● Gibson SIR may not accept Compensation or a fee in excess of the fee agreed in this Agreement.
● A seller or listing agent may offer to pay some, or all of the compensation due to a broker representing a buyer but is under no legal duty to do so.
● The Buyer may, at the Buyer’s option, either (1) seek to have the Compensation paid in whole or in part by the seller in the terms of the offer to purchase and/or (2) pay the Compensation in whole or in part directly to Gibson SIR at closing.
6. CONSENT TO DESIGNATED AGENCY
A designated agent is a real estate licensee who has been appointed by a broker or salesperson to represent a buyer as a “designated buyer’s agent” or to represent a seller as a “designated seller’s agent.” When a buyer or seller consents to designated agency only that designated agent represents the buyer or seller. Any other agents affiliated with BROKER may represent another party to the transaction and by consenting to designated agency the buyer or seller permits those agents to represent another party. Individuals who are designated agents owe fiduciary duties to their respective clients. You are further advised that: (a) the designated buyer’s agent will represent the BUYER and will owe the BUYER the duties of loyalty, full disclosure, confidentiality, to account for funds, reasonable care and obedience to lawful instruction; (b) all other licensees affiliated with the appointing BROKER will not represent the BUYER nor will they owe the other duties specified in paragraph (a) to that BUYER, and may potentially represent the seller; and (c) if designated agents affiliated with the same broker represent the seller and buyer in a transaction, the appointing broker shall be a dual agent and neutral as to any conflicting interests of the seller and buyer, but will continue to owe the seller and buyer the duties of confidentiality of material information and to account for funds. By signing this agr
is authorized to represent me as a Designated Agent. I hereby consent to designated agency. If designated agency occurs in a transaction, a notice of designated agency will be given.
DISCLAIMER
Gibson SIR is being retained solely as a real estate broker and not as an attorney, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider. At the Buyer’s request, the Buyer’s Agent may refer the Buyer to such professionals. It is advised for the Buyer to contact Building Departments to inquire about potential open building permits and you are encouraged to speak with people in the Town or City Hall about other questions you may have about
This Agreement constitutes a binding Massachusetts Contract. Buyer acknowledges GIBSON SIR’s advice to seek legal counsel relating to any provision of this Agreement if not understood and acknowledges receipt of (a) a copy of this Agreement, (b) a copy of the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure Form, and (c) a brochure entitled “Home Inspector Facts For Consumers.”
To Be Used if the Buyer is agreeing to the Buyer’s Agent acting as a Dual Agent
Buyer understands and consents that the Broker may work as a Designated Seller’s Agent with a Seller client of the Broker and may therefore have to act as an individual Disclosed Dual Agent in a situation where they simultaneously represent the Buyer and Seller in the same transaction. Dual Agency is the result.
A real estate broker or salesperson may act as a dual agent who represents both prospective buyer and seller with their informed written consent. A dual agent is authorized to assist the buyer and seller in a transaction, but shall be neutral with regard to any conflicting interest of the buyer and seller. Consequently, a dual agent will not have the ability to satisfy fully the duties of loyalty, full disclosure, reasonable care and obedience to lawful instructions, but shall still owe the duty of confidentiality of material information and the duty to account for funds.
Buyers and sellers should understand that material information received from either client that is confidential may not be disclosed by a dual agent, except: (1) if disclosure is expressly authorized; (2) if such disclosure is required by law; (3) if such disclosure is intended to prevent illegal conduct; or (4) if such disclosure is necessary to prosecute a claim against a person represented or to defend a claim against the broker or salesperson. This duty of confidentiality shall continue after termination of the brokerage relationship.
I acknowledge and agree that [insert name of licensee & license #] is (are) authorized to represent both the buyer and Seller as a Dual Agent. I hereby consent to dual agency. In the event dual agency occurs, written notice to both the Seller and the Buyer.
I acknowledge and agree to represent the above named consumer as a dual agent and my signature below signifies that I understand the duties and responsibilities of that relationship, and explained to the consumer that I am a dual agent and therefore will assist the buyer and the seller in the transaction, but shall be neutral with regard to any conflicting interest of the buyer and seller. In the event dual agency occurs, that I or another agent affiliated with Gibson Sotheby’s International Realty represent the buyer and the seller in the same transaction, I shall give notice to the buyer in compliance with the applicable licensing law.
FAIR HOUSING CONSIDERATIONS WITH RESPECT TO BUYER LETTERS TO SELLERS
In a competitive market with sellers receiving multiple offers on their properties, buyers are looking for any opportunity to obtain an advantage over other offerees. In some cases, buyers are submitting “Buyer Love Letters” with offers to purchase, in the hope of making an emotional connection with sellers, in the hope that the seller may select their offers amid a crowded field.
The National Association of REALTORS® in October 2020 and March 2021, have expressed Fair Housing Concerns and liability concerns regarding the use and potential liability associated with such letters. (https://www.nar.realtor/fair-housing-corner/love-letters-or-liability-letters)
In signing the standard listing contracts, seller and REALTORS® agree to market the Property in compliance with state and federal fair housing laws. The Fair Housing Laws protect buyers from discrimination based on race, color, national origin/ancestry, religion, sex, sexual orientation, gender identity, familial status, marital status, children, handicap, age public assistance/source of funds, or military/veteran status, (“Protected Classes”).
Buyer Love Letters attempt to create an emotional connection with the sellers and often frequently mention protected classes such as children, marital status, familial status and/or make reference to celebration of holidays, which may indicate the religion of the buyers. Some buyers have gone so far as to include photographs, which may disclose other protected classes, such as race, ethnicity or national origin of the buyers. As a result, Buyer Love Letters trigger Fair Housing concerns. Many listing agents are simply refusing to present any offers.
Gibson Sotheby’s International Realty is committed to providing equal access and compliance with the Fair Housing Laws and therefore discourages use of Buyer Love Letters. Although we will seek to provide professional service and advantages to our buyer clients, we are unable to assist in use of Buyer Love Letters which may trigger Fair Housing concerns.
The Buyer Agent will provide advice and counsel in assisting the Buyer to prepare offers, and only materials or letters which demonstrate the Buyer’s qualifications, i.e., commitment letters from lenders, letters detailing proof of funds and/or ability to perform will be prepared and conveyed. The Buyer Agent cannot participate in preparing letters which appeal to emotion which may result in a potential Fair Housing Violation.
Fair Housing is not just good practice, it is the law.
WIRE POLICY NOTIFICATION FORM
Gibson Sotheby’s International Realty
Wiring $$ to Gibson Sotheby’s International Realty:
This notification is to make individuals working with Gibson Sotheby’s International Realty (herein “Gibson Sotheby’s”) aware of Gibson Sotheby’s policies with respect to funds being wired to Gibson Sotheby’s. This policy is to protect individual buyers and sellers from third-party fraud involving wires. Gibson Sotheby’s will never request that any funds be wired to Gibson Sotheby’s by regular email, text or any other electronic method of communication. Any request for wired funds will only be by verbal communication from the agent or agent team member directly working with that client and will be followed up by written wiring instructions from our secure, encrypted email from – “GSIR Accounting” (NotificationSecureMessage@appriver.com). Upon receiving the email you will need to create a user name and password in order to open up the email. The email will contain our wiring instructions. All wires to Gibson Sotheby’s are only to go to an account under the name of Betty Gibson Associates, Inc. d/b/a Gibson Sotheby’s International Realty – no exceptions!!
Wiring $$ to List agency
(other than Gibson Sotheby’s International Realty):
This notification is to make individuals aware of Gibson Sotheby’s policies with respect to funds being wired to agencies other than Gibson Sotheby’s International Realty. This policy is to protect our clients from third-party fraud involving wires. Gibson Sotheby’s will never initially request that any funds be wired to any other company, or other entity by regular email, text or any other electronic method of communication. Any request for wiring funds to another agency will only be by verbal communication from the agent or agent team member directly working with that client. At that point, the client can confirm the wire instructions of the other agency and their policies designed to protect against fraudulent transactions. A wire should only be sent after confirming the accuracy of the wire instructions.
By executing this form, the undersigned hereby state that they acknowledge this policy and assume all risk of initiating wires that do not comply with the terms of this wiring policy as stated herein.
Signed: _________________________________________ Date: _______ Printed name of person receiving notice:
