Home Sellers Guide

Lawyers Title of Oregon, Inc.

We have a long history of providing outstanding title and escrow services to the Oregon real estate industry. Lawyers Title consistently ranks as one of the top title insurance providers in the state of Oregon. At Lawyers Title, we boast a team that is united by our commitment to make your real estate transaction effective and efficient. We offer the most comprehensive and reliable service available by utilizing skilled title and escrow officers combined with the expertise of our sales executives.

Lawyers Title is a wholly owned subsidiary of Fidelity National Financial, the #1 leader in financial strength. As part of the Fidelity family of companies, your real estate transactions are safe and secure.

Things to Consider before Selling Your Property “By Owner”

Do you know how to determine the current market value of your home?

Do you know how and where to advertise your home most effectively and what the costs will be?

Are you concerned about having strangers walking through your home?

Did you know that each REALTOR has access to a Multiple Listing Service (MLS), which is a database of properties listed for sale by REALTORS? Real Estate Agents refertoMLSfor prospective properties to show their clients and for comparablesaleswhen determining value for a prospective listing. Only real estate agents have access to this information.

Do you know how to determine whether or not a buyer can qualify for a home?

Are you conversant enough with real estate law to write a legal and binding real estate contract?

Do you understand the steps of an escrow and what is required of you and the buyer to complete the transaction?

Do you know which title company, real estate attorney, termite company, inspection company and lender to hire that will provide the best service and costs to you?

Do you have experience with resolving problems and protecting your rights in a real estate transaction?

Have you made arrangements for your home to be available for showing 12 hours a day, 7 days a week? If not, each hour that you do not provide this availability, your home is “off the market.”

Selling a home? It pays to work with a Realtor.

Without the professional guidance and expertise of a REALTOR®, selling a home can often entail many unnecessary complications. The following information, as prepared by the National Association of REALTORS®, best describes the many benefits of contacting a professional REALTOR® to handle all your real estate needs. The term REALTOR® is a registered, collective membership mark which identifies real estate professionals who are members of the National Association of REALTORS®. A REALTOR® is bound by a Code of Ethics and pledges to protect and promote the interest of the seller by providing fair treatment for all parties involved in the transaction. Here are some ways a REALTOR® can help you sell your home:

Promotion

By:

Preparing a flyer, email blast, or social media post to describe your property for public distribution.

Posting a “For Sale” sign on your property.

Advertising in the media. This includes MLS, flyers, local papers and home buyer magazines.

Networking By:

Neighborhood mailings. National relocation services.

The Real Estate Association. Their personal network of clients.

Viewing By:

“Open Houses” for the buying public. Conveniently scheduled appointments for house showings.

Work with you

By:

Conferring with you regarding when you want to place your home on the market.

Establishing a sale price based on the following:

Research of comparable properties. Considering the current local market conditions.

Establishing your probable net proceeds.

Advertising your home and making suggestions on what you can do to make your property more sellable. Reviewing the necessary paper work with you.

Negotiating the Contract By:

Reviewing the contract and your obligations.

Explaining contingencies and release clauses.

Explaining the legal disclosure requirements.

Explaining the ramifications of pest control inspections/reports.

Explaining your responsibilities regarding the condition of the property.

Examining offers closely and explaining the reasons behind a possible counteroffer.

Managing and Closing Escrow By:

Following closely the progress of the buyer’s loan and coordinating the payoff of your existing loan. Facilitating the appraisal process. Staying in constant communication with the buyer’s agent to ensure a smooth escrow.

Closely monitoring contingency removal dates and discussing these with you.

Coordinating the details of the transaction with the escrow officer.

Making sure you get your check and settlement documents promptly after closing.

Preparing your house for market:

First impressions first!

Let the front of your house greet guests with a clean, maintained yard by fertilizing lawns, planting fresh seasonal flowers, and trimming overgrown shrubbery. Painting can be expensive, but a little touch up goes a long way. Make sure your front door is solid, fresh, and welcoming. Inspect the roof for necessary repairs and any visible broken tiles or shingles. Repair cracks in the driveway and sidewalks. Clean up oil stains. Mend or paint neighboring fences or walls.

A little refresh goes a long way

Simple, inexpensive redecorating can result in a quicker sale at a higher price. Light neutral paint colors, such as off-whites, permit most every one to “imagine” their furnishings in your home. Clean carpets if they are heavily soiled. Spot clean stains.

Eliminate the distractions

Repair the minor flaws that can detract from your home’s value, such as leaky faucets, sticking windows and doors, broken handles and knobs. Remove cobwebs from ceilings and other areas.

Never enough space

Remove all unnecessary items in your attic, basement, or other storage areas and organize all closets to show ample space. Remove excess furniture so rooms don’t look small and cluttered. Have a garage sale or donate unneeded items. It will make your home look better, and there will be less to move later!

Squeaky clean bathrooms

Check and repair caulking in showers and bathtubs. Install new shower curtain liners. Keep bathrooms looking and smelling fresh.

15 home listing tips

1.Price your home right

Your agent can research comparable sales in your area and advise you of the appropriate price range for your property.

Be flexible on financing terms

2. Have your agent explain what financing options are available. Flexibility on financing terms may secure a better selling price.

3 4 5

Time it right

Ask a real estate professional to determine whether the market cycle is poised to net you the most money.

Make your property accessible to buyers

Lock boxes are a great way to make your home accessible to agents for showing. Appointment-only showings are the most restrictive. If your lifestyle is not compatible with frequent showings, your agent will help you determine a solution to suit your needs. Remember, the easier a home is to show, the better the odds are of getting the deal you want.

Use the latest marketing technology

Make sure your agent utilizes the latest technology, such as Internet sites and social media that cater to home-buyers. In some areas, cable advertising is popular. Others use apps or iOS based scheduling systems. A good agent will know where you can get the best exposure.

Stage your property correctly

Put some items in storage, create more light, play music or otherwise improve the ambience. Your agent can offer helpful advice to create the right first impression.

7.

Rememberselling property isn’t seasonal

Do not base selling decisions on the seasons. Property sells year-round.

8. 9.

Re-evaluate the marketing plan

Re-evaluate your agent’s marketing plan periodically. Make needed adjustments based on the current market and buyers.

Analyze why you aren’t getting offers

Eighty percent of all buyer activity comes from signs and MLS listings. So, if you are not getting offers and are flexible with showing your home, it may be time to re-evaluate your price, not necessarily your agent.

First impressions are golden

Sales have gone south thanks to unkempt lawns, cluttered closets, unpainted front doors, hard-to-work locks, blown light bulbs, bold color, stains, unlit areas, and foul smells. Spend time on the little things. Double up on your gardening. Keep things cleaner than usual. Take serious control of your pets during this time period.

Make the right kind of repairs

Before making improvements, prior to listing, consult a real estate professional. Some upgrades will not yield any real increase in value, while others may increase property value substantially. Ask for low-cost solutions to minor repairs that will yield the best profits.

Give the sales process enough time

Homes may take three to six months in any market. Estimate how much time you have before you need to sell and then plan ahead to allow extra time. You don’t want to be forced to accept a disappointing offer.

10. 11. 12. 13. 14. 15.

Screen prospects adequately

One of the best reasons for hiring an agent is his or her ability to pre-qualify a prospect financially, so you don’t lose valuable negotiation time. Your agent may discover when a prospect has an ulterior motive for shopping homes.

Believe that you can make a difference

The top agents in the industry report their sellers are responsible for at least one out of ten sales. You can network with your business and personal friends, hand out flyers, and keep your house in move-in condition. Your agent should be ready to hand you all sorts of assignments to make the team effort successful.

Test the market

Never put your property on the market unless you really want a sale! Get ready for a professional sales push when you list. If your plan harbors some indecision, resolve it before you list because success is every great agent’s objective.

Open House Preparation Checklist

If possible, make arrangements to be out of the house to permit the agent to do “their job.” If you are home, don’t force conversation with potential buyers. Be polite, answer questions, and point out highlights. They want to inspect your house, not make new friends.

Protect your pets. Keep them out of the way in a restricted area or even out of the house.

Open all blinds and drapes to make the home light and cheerful.

Turn on additional lights and lamps as needed. Remove excess clutter from floor, tables, and counter tops.

Keep your valuables safely locked up or out of sight. Clean the bathrooms so they sparkle!

Don’t forget to make the beds and do the dishes. Dust and vacuum the house thoroughly. Remove excess toys and equipment from the yard. Spray off your driveway and patios.

Turn off all TVs. Very soft background music may be acceptable in some cases.

Fresh flowers in the front yard, on the porch, and in the house can create a welcoming effect.

Light refreshments such as tea and cookies are a nice touch. Fresh baked cookies or simmering cinnamon potpourri creates a pleasant aroma (or check with your agent to see if refreshments will be provided).

Receive and review Earnest Money Agreement and Broker’s instructions.

Escrow Flow Chart

Open escrow. Order title report.

Determine financing.

Gather information from Buyer and Seller

Receive title report. Send copies as requested.

Resolve any title issues Order any pay-off demands.

Review file. Are conditions satisfied? Contingencies removed?

Request hazard insurance. Prepare closing documents and other documents.

Obtain signatures and closing funds from Buyer/ Seller.

Record transaction with the county Close file. Prepare final statements. Disburse funds.

Forward final documents to all interested parties - Buyer, Seller, Real Estate Agents, Lender, Broker, A orney, etc

NEW

Notify escrow team with name of new lender and loan officer.

Send tle report to lender.

Receive notice of final loan approval. Are repairs complete?

Deliver Seller & Buyer Closing statement

Loan documents delivered to escrow

Return loan documents for recording approval. Order loan funds.

New Loan

The listing agreement

Property owner (Seller) initiates a contract, or a listing agreement, with a licensed real estate agent.

The home sale

Property owner (Seller) enters into a purchase contract, typically referred to as an Earnest Money Agreement, with a Buyer.

The escrow

As part of the purchase contract, Seller agrees to purchase a title insurance policy for the Buyer and both agree to close the transaction with a licensed escrow company. In Oregon, most title insurance companies also offer escrow services to facilitate a convenient “onestop” approach to closing real estate transactions.

1. What is escrow?

Escrow is a neutral third party depository for legal documents and funds necessary to complete a real estate transaction. The escrow agent will disburse funds and record documents for the proper recipients according to their written instructions. As part of the purchase contract in a real estate sale, Seller agrees to purchase a title insurance policy for the Buyer and both agree to close the transaction with a licensed escrow company. Lawyers Title of Oregon offers both title insurance and escrow services to facilitate a convenient “one-stop” approach to closing real estate transactions.

2. What title insurance and escrow costs are incurred in a real estate sale?

The fee for escrow services is based on the sales price of the property. This fee is typically split equally between the Buyer and Seller. However, Buyers should check with their lenders if financing is involved because some federally insured lending programs do not allow borrowers to pay this fee. The Seller typically pays for a standard owner’s policy of title insurance which names the Buyer as the insured. Charges for this policy are based on the sales price of the property. The Buyer typically pays for a lender’s policy of title insurance and any required endorsements if s/he is obtaining a new loan to purchase the property. Charges for this policy are based on the loan amount.

3. What services does an escrow officer perform on behalf of the Seller and Buyer?

The escrow officer facilitates the closing procedures. For a typical sales transaction, these services include:

• Ordering the title insurance policies. Prior to the issuance of a policy, the title company will issue a preliminary title report which is sent to all interested parties involved in the transaction. The report will detail the current condition of the title to the property.

• Prorating taxes, insurance, etc.

• Clearing any liens and/or encumbrances against the property as per instruction.

• Preparing a closing statement for each party showing all credits and debits.

• Scheduling appointments for all parties to sign the necessary documents to complete the transaction.

• Returning signed loan documents for the lender to review and approve and forwarding all necessary documents to recording.

• Disbursing funds as per written instructions and issuing title insurance policies to the proper parties.

Title Insurance.

Howdoesitwork,and whatdoIreceive?

Generally, when an owner agrees to sell real property or applies for a loan, they represent to a Buyer or a lender that the title is clear or will be cleared of particular encumbrances, while other acceptable encumbrances may remain.

Title insurance will confirm the status of encumbrances that may affect title to the real property. The PRELIMINARY TITLE REPORT states the condition of the title at the time title insurance is ordered. After the sale or loan is closed and the transaction completed, a policy is issued detailing the encumbrances that remain in effect. These encumbrances have been accepted by the Buyer and/or lender involved in the transaction and may include the new financing encumbrances as well as other exceptions like covenants, conditions and restrictions or utility easements.

AN OWNER’S POLICY (ALTA) is issued for the full purchase price and is typically paid for by the Seller. An Owner’s policy is in effect up to the amount of the policy until the property is sold and title is passed to new purchasers.

A Lender’s policy is issued to the new lender for the amount of the new loan and is typically paid by the Buyer or borrower. The Lender’s policy is in effect until the loan is paid in full and the obligation is released.

Obtainingacleartitle.

When a Seller agrees to transfer clear title to a Buyer, the parties will turn to a title company. It will examine the title to identify matters that may need to be cleared as a condition of the purchase. To this end, the title company produces a preliminary report showing the status of the title. The report is preliminary to, and becomes the basis for, a policy of title insurance to the Buyer and, if the Buyer is financing the purchase, to the Buyer’s mortgage lender. The title examination is an examination of documents recorded in the county land records, of some local court records and of records of local taxing authorities. The purpose is to verify the Seller’s ownership and to identify liens and encumbrances of record. In general, the monetary liens will be cleared through escrow, such that a Buyer usually acquires title free of monetary liens. Other encumbrances will remain, such as planned community or condominium declarations of covenants, conditions and restrictions. Either way, the process is one of identifying matters that need to be cleared through escrow and matters that, by agreement of the parties, will remain in place.

Title insurance is designed to protect an owner of real property and/or a lender against actual loss resulting from title deficiencies.

What is closing?

For a real estate transaction placed in escrow, “closing” is the final process necessary to complete the transaction. In a typical sale transaction, “closing” takes place when:

Both the Buyer and Seller have signed and fully executed the necessary documents.

The Buyer’s money has been deposited into the escrow account.

The Lender has approved the signed documents and released them for recording (note: lenders typically have 24-72 hours to read and approve documents for recording).

The Lender has wired or sent loan funds that are deposited and ready to disburse.

The new deed and financing documents have been recorded with the county.

The above steps must be accomplished before keys are released to the new Buyer (unless there are written instructions to the contrary) and the Seller’s proceeds check is disbursed.

Tips for a smooth closing:

one

Contact your insurance agent and obtain a binder showing proof of hazard (fire) insurance coverage. Please provide your escrow officer and/or your loan officer with the name and number for your insurance agent.

two three four five

The funds you are asked to deposit at the time of closing must be in the form of a cashier’s check, or be wired into the escrow account by your bank.

Bring your photo ID to the closing appointment. Your escrow officer will need to notarize your signature.

As you get closer to the contract close date, try and be as flexible with your schedule as possible. With many parties involved in a real estate transaction, even the best laid plans can become last minute fire drills.

Make sure to inform your escrow officer as early as possible if you will need special accommodations for signing, such as requesting a mobile notary to come to your place of business.

Lawyers Title will go above and beyond to make the closing experience as effortless as possible on your end. As a courtesy, you can sign your documents in any of our five branches conveniently located throughout the tri-county area.

The Appraisal Process

When you sell your house and the Buyer is securing a new loan in order to purchase the property, the Buyer’s lender requires a licensed appraiser to estimate the market value of the property. The appraisal will show the lender that they are making a prudent decision lending the buyer the money to buy your house.

Once the Buyer begins the new loan application process, the lender will order the appraisal. In order to estimate the market value of your house, the appraiser will research the houses recently sold in your subdivision and/or your immediate area. Appraisers prefer to use sales that have occurred within the past 6 months and are similar to yours in regards to square footage, year built, and amenities (i.e. swimming pool, garage, single story).

The appraiser will measure your home, take photographs, and examine your house for its condition, specific improvements, and amenities. You can help the appraiser by preparing a list of recent improvements and remodeling that has been done. Include the approximate amounts spent for each improvement. Some appraisers will appreciate this information while others may not. However, if you had the information prepared for buyers looking at your home, then providing it for the appraiser will be a snap.

If the Buyers of your property are getting an FHA or VA loan, a few special requirements will be placed on your house. You must scrape and paint all chipping or peeling paint on your house or any structures on the property. You should also replace any missing or damaged shingles and missing slats or blocks in your fence.

The lender will receive a copy of the appraisal a few days after the appraiser has been to your home. You may be told that the appraiser has some repair requirements before the lender can loan the Buyer any money on your house. In that case, you must repair these problems and the appraiser will return for a re-inspection at an additional cost.

1.

Home Inspections

•The standard Oregon Association of Realtors® purchase contract used by most real estate agents contains a provision that allows the Buyer to physically inspect the property being purchased, either by themselves or by a professional inspector or inspectors within the first ten days of acceptance of the contract by the Seller.

•It is the Seller’s obligation to provide the Buyer access to the property during this ten day inspection period for any inspections the buyer requires.

2.

•To determine any active infestation by wood destroying organisms.

•To determine whether there is any earth to wood contact, cellulose debris, or faulty grades on the property.

• In the event that there are wood destroying organisms or secondary issues with regard to the property, generally these issues must be addressed prior to the close of escrow. If the termite company that did the initial report does not do the repairs, then the property must be reinspected by a termite company and a clear report deposited into escrow, prior to the close of escrow.

4. Physical Inspection

3.

•This inspection can encompass inspection of the roof, plumbing, electrical, heating and any other accessible area of the property.

•A detailed report or reports will be written by the inspector or inspectors with recommendations for repairs, and the same will be delivered to the Buyer. Subsequently, the Buyer will request of the seller any repairs that the Buyer wishes the Seller to be responsible for. Repairs, would be completed prior to the close of escrow.

Structural Pest Control Common Inspections

•Well and Septic

•Hazardous Materials

•Chimney

•Heating and Cooling

•Survey

•Zoning and Building Permit Compliance

•Structural Engineering

Home Warranties are insurance policies designed to protect a seller during the listing period, (and the buyer for one year after the close of escrow), against repair costs for mechanical systems and major appliances. The cost of a home warranty is a one time fee which either the buyer or the seller can pay at the close of escrow. It is renewable annually. There are a variety of home warranty companies and plans. The plans vary according to the optional coverage chosen by the insured, which might include heating, air conditioning, dishwasher, washer, dryer, refrigerator, garbage disposals, and pool or pool and spa equipment, and more

Home Warranties Benefits of Warranties

Replacement or repair of major or minor plumbing, heating or electrical problems during the policy period at a nominal service fee per incident, a full network of qualified technicians at your service, and protection of your budget against unexpected expenses for repairs or replacements of systems in your home for the first year of ownership (or subsequent years if renewed)

Who pays for what?

Charges in Oregon Real Estate Sale Transactions

Buyer typically pays for:

• Lender’s title insurance premiums and endorsements

• Half of the escrow fees

• Property tax proration (from date of transfer to June 30)

• Interest on new loan (charged from date of funding to 30 days prior to first payment date)

• Hazard insurance premium for first year of ownership

• All new loan charges (except those required to be charged to the Seller by a lender or loan program)

• Recording charges for the new deed and loan security documents

Seller typically pays for:

• Owner’s title insurance premiums

• Half of the escrow fee

• Property tax proration (from July 1 to date of transfer)

• Real estate sales commission

• Loan fees required by Buyer’s lender or loan program

• Any liens or judgments levied against the Seller

• Recording and release charges for any documents used to release liens against the property

• Any delinquent property taxes

The frequentlySeller’sasked

Q.When do I get my proceeds check?

A.On the date of recording, you may request that your escrow officer either cut you a check for your proceeds or wire the funds directly into your bank account.

Q.How do tax prorations work?

A.The fiscal tax year begins July 1 and ends June 30.Taxes are a lien, due but not yet payable until the tax rolls are certified on or before October 15. Property taxes then become a lien due and payable. Property taxes are due on or before November 15. The escrow agent determines what portion of the current year‘s property taxes the Seller and Buyer should pay. Depending on what time of the tax year the transaction closes, the Seller will either be credited with his unused portion if the taxes are already paid or debited for the time he had possession before the taxes were due and payable.

Q. When do I get a refund from my tax and insurance impound account?

A.After your escrow officer sends your payoff check or wire to your existing lender, you can expect to get impound funds back from your lender within 30-60 days. If you have any questions after that time, we suggest calling your lender.

Q.When do I cancel homeowner’s/fire insurance?

A.Please do not cancel your insurance until you have confirmed that your transaction has closed.

eight most asked questions

Q.Why does my escrow officer require that I complete a 1099 form?

A.Under guidelines established by the IRS, sellers of real property are required to have their sales price reported and a 1099 form is the form the IRS uses for this.

Q.What is a Statement of information?

A statement of information provides identifying information to the title company on the Buyer(s) or Seller(s) to distinguish them from similar names. After identifying the true Buyers and Sellers, the title company can disregard any judgments, liens, or other matters against other persons, and issue clear title insurance at closing.

Q.Why do I have to pay interest on my loan pay-off past the day of recording?

A.Your loan continues to accrue interest to the date that they post your loan as being paid in full. This could be one or two days from the date your escrow officer sends your pay-off check via overnight mail or wire transfer.

Q.What will I need to take with me to Lawyers Title of Oregon to sign my closing documents?

A.Take one of the following: Oregon Drivers License, Oregon ID card, Military ID.

Moving Checklist

Preparing for the Move

Leave keys & garage openers

Defrost refrigerator

Pet transportation

Address Change

Bank accounts

Forward address to post office

Credit cards

Utilities

Telephone (check for refund)

Gas (check for refund)

Electric (check for refund)

Water (check for refund)

Cable (check for refund)

Garbage pickup

Bottled water, propane, etc.

Documents to Obtain

Medical records

Dental records

School transcripts

Veterinary records

New Residence

Address Change

Ask postman to hold mail for your arrival

Utilities

Telephone

Gas

Water

Garbage pickup

Cable Bottled water, propane, etc.

Schools, Licenses, Services

Register children for school

Register to vote

Register car

Driver’s License (apply for new address)

Medical Services

New doctor

New dentist

New veterinarian

Save money on your next real estate transaction.

(For your record keeping)

Save 25% on your next title insurance premium, should you refinance or sell any Oregon property you own within 3 years of the date you last purchased a title insurance policy for that property. This offer is good, even when the policy was issued by someone else. It’s our pleasure to serve you.

Why choose Lawyers Title?

Every property has a history, and over the years things like liens, fraudulent claims, undisclosed heirs, and easements may cause confusion over who has rights to the property. These concerns are evident in every 1 out of 3 properties. That‘s where Lawyers Title steps in. Our title solutions provide proof of a clear title and insure real property ownership, the cornerstone to a safe and successful home purchase. Buying and selling real property is a transactional process and varies nationwide. LAWYERS TITLE‘S LOCAL ESCROW EXPERTS are here to help you move all the way to a successful closing. Our job is to mediate difficult circumstances, disburse funds, and transfer property ownership.

What we do differently

We understand this is not solely a transactional process. This is the changing story of the landscape encompassing big stakes, high emotions, and new lifestyles. Whether you are transitioning from one house to another, adding to your real estate portfolio, or entering the market for the first time, YOUR LIVELIHOOD DEPENDS ON OUR SUCCESS. We will go ABOVE AND BEYOND TO EARN YOUR TRUST and deliver a great closing experience.

Terms to avoid

to protect yourself from the danger of wire fraud

The number of wire fraud scams reported by title companies to the Internet Crime Complaint Center spiked 480% in 2016 according to a warning that was recently issued by the Federal Bureau of Investigation. While our team at Lawyers Title has extensive security measures in place to minimize risk and protect our clients, we are aware that fraudsters are constantly seeking creative ways to scam innocent victims.

In general, it is wise to avoid subject lines in an email referring to “escrow“ or any financial terms. A few common “trigger“ terms to avoid in particular are listed below.

Common “trigger” terms Payment Funds

Utilization of a secure, authenticated email system is one of the most effective ways we protect our clients from wire fraud. We also actively encourage direct, personal confirmation of wire instructions before completing the wire transfer. If you recieve an email, text, or alternate form of communication that highlights the following terms, be aware - the communication might be from fraudsters.

Proceeds

Account Escrow Wire Transfer

For more information about how to protect yourself from the ever-changing threat of wire fraud, please contact your Lawyers Title sales executive or escrow officer today. Also, be sure to request your transaction information sheet for your personal contact directory and remember to...

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How it works:

1. 2. 3. 4. 5.

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Acknoweldge wire instructions

Review the WireSafe wiring instructions and click to securely sign and acknowledge.

Securely submit the updated information and signed WireSafe form to Lawyers Title.