LEGAL: PROPERTY CONDITION IS KING! (Part One)

Americans buy more and more online every day, meaning also that they buy these things sight unseen. This might make sense for home entertainment components or clothing items, but when it comes to real estate, it is a very bad idea. Yet we see people doing it.
Some of the homes are brand-new, or haven’t even been built yet, so there is pressure to “go along” with the seller / builder.  With all the brochures, virtual tours, and checklists, it may seem like the buyers’ role is simply one of choosing paints, finishes and accessories.
The larger truth, however, is that you can’t really judge the quality of the sub-contractors actually doing the work unless you can carefully examine their finished product.  Are the joints between tiles straight and uniformly spaced?  Do the drawers, doors and hinges on the cabinets operate smoothly?  Examining a model isn’t necessarily even close to the same as examining your home.  The subs that build your home aren’t necessarily the same as built the model.
Builders commonly use custom contracts, that blatantly favor the seller, so you will need a real estate attorney to review the proposed contract BEFORE you sign it.  Otherwise, you will find yourself going through a process where each step of the deal, from initial contact to final closing and move-in is under the direct supervision of marketing people, vendors and closers all working for the seller.  When things go wrong, you will feel “behind the eight-ball.”  Don’t do that to yourself!
With existing housing, all these things are right there to inspect.  The process is highly detailed, however, and you should give yourself the advantage of seeing the property three or more times prior to closing.  Otherwise, you may well be overwhelmed. Remember, you are looking at the property for several different functional reasons:  first, on the largest scale, do you like the neighborhood, the landscaping, and the overall design of the property.
What about flooding issues?  Then you think about room sizes, how your furniture will fit there, and what it will feel like to live there.  How does noise impact your living there, both external neighborhood sounds, and passage of sound from kids rooms to your private spaces?
Second, are the rooms, walls and surfaces square, plumb and level?  Do you know how to tell?  You might profit from a highly experienced guide, someone with greater knowledge than just a home inspector.  We know such people, or can coach you to think about such things yourself.
Next time, the rest of the story.
Get Real about Property!
Travels through Real Estate Law
by Tom Brodersen, Esq.

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