Rights of a Property Owner

The ownership of private property is one of our most cherished freedoms. Property divides power between the government and the individual and allows citizens to be rewarded for their own industry. But to fully enjoy the benefits of property ownership, knowledge and vigilance in defending and protecting those rights when they are being threatened.

In instances where either private or public actors are seeking to challenge your property rights, be prepared to defend yourself by knowing, in advance, what your rights are or by consulting an experienced real estate or eminent domain lawyer.

Following these tips will also help you better protect your interests as a property owner.

Know Your Rights

When you own real property, you have a bundle of legal rights that go along with the ownership, including:

  • The right of possession
  • The right of control
  • The right of exclusion
  • The right to derive income
  • The right of disposition

Property rights can also extend to:

  • surface rights: the right to use the surface of the land
  • riparian rights: the right to any water on your property
  • subsurface rights: the right to use what is below the surface such as oil, gas and minerals
  • air rights: the right to the area immediately above your property

Of course, these rights have exceptions and limitations and may also come with legal obligations (e.g, taxes). They may also be lost, voluntarily transferred or even regained after a period of time such as when you rent a portion of your property and the lease terminates.

Property rights may also vary from state to state and from community to community. They may be subject to local, state, and federal laws. Knowing your rights as a property owner makes you more aware of what you can and cannot do with your property, and how to protect it from intrusions or encroachments.

Familiarize Yourself with core title documents

There are many documents that contain vital information about a landowner’s property and the extent of their ownership rights. Among these documents, some of the most important typical ones are the following:

  • The Deed and other documents of title and exceptions to the title, sucah as easment
  • The Deed of Turst or other documents showing that the property has been mortgaged or collateralized for payment of a debt
  • Survey and boundary documents
  • Zoning maps and master plans\

Go Through the deed to the property

Property deeds are signed legal documents that transfer the ownership of the real property from one person to another. For the deed to be legally operative, it must identify both the grantor/seller and the grantee/buyer and contain an adequate description of the property, among other elements.

There are different types of deeds, each type providing different levels of protection to the grantee, as well as the obligation of the grantor. Deeds also typically include deed restrictions, which are important in understanding the extent of the owner’s use and enjoyment of the property.

Understand the Title Documents

Title documents prove the ownership of control and possession of a person over specific property or parcel of land.

Aside from establishing ownership, however, title documents also disclose liens, defects, deed restrictions, and exceptions to title that affect the property. Reading and understanding these documents will give you an insight into the limitations and exceptions that apply to your ownership of property.

Consult with a real property or eminent domain attorney

Anytime you encounter issues concerning your property rights, whether it’s a defect in title or a potential taking due to an act of eminent domain, seek the professional advice of a real estate or eminent domain attorney before taking any further steps.

Regardless of the type of property you own or property-related issues you’re faced with, these professionals can help shed light on the situation and steer you towards a more favorable outcome.

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A $5 Million Home for Zero Money Down?

At the start of 2020, the Bluewater Navy Bill, which was signed on June 25, 2019, by President Trump, became law, bringing some significant changes to the VA Home Loan program. The most significant change was the removal of loan limits, which in 2019 had previously been at $484,350.

This removal of loan limits freed up qualified lenders to start loaning out a lot more than what was previously possible. As a result, VA lenders set their loan limits, with lenders like VA Home Loan Centers setting their loan limit at $5 million. This no loan limit rule, combined with the fact that VA home loans do not require a down payment, makes it possible to take out a $5 million home loan for zero down.

Regardless of loan limit, lenders are still required to make sure that the applicant can afford to make their monthly payments on time.

The 28/36 rule means that an individual’s mortgage should not exceed 28% of their gross monthly income, and their debt-to-income ratio should not exceed 36% of the total revenue. Therefore, when purchasing a home, an individual should ensure that their monthly household expenses do not exceed 28% of their monthly income. While at the same time, their household debt should not exceed 36% of their monthly income.

This rule is not absolute, however. Some borrowers may exceed a 50% debt to income ratio with underwriter approval and what is known as compensating factors. A compensating factor can be certain liquid assets, significant employment stability, and related indicators of financial stability.

VA Home Loans Information
Created in 1944 by an Act of Congress, VA Home Loans has since helped more than 22 million veterans achieve the dream of homeownership. Today, VA loans remain one of the most significant benefits of being a member of the military.

VA loans offer several incentives like zero down payments, low monthly costs, low-interest rates, no mortgage insurance premiums, and no prepayment penalties. In addition to this, the loan also offers 15 to 30-year fixed mortgages.


VA Eligibility Requirements
When it comes to eligibility, VA loans are exclusive to Veterans, Active-Duty Service Members, and the surviving spouses of veterans who passed away due to their service. In addition to being a military member, there are also several military services, income, and credit requirements.

Military service requirements to be eligible for the VA home loan vary depending on what kind of service the applicant participated in while in the military. Active-duty applicants must have served for at least 90 consecutive days while in wartime and 181 during peacetime. Reservists and members of the National Guard must have served for at least six years.

The applicant must have a stable income to qualify for a VA home loan. Qualifying incomes include social security, VA disability, and full-time jobs. Moreover, many more revenues must have existed for at least two years, like part-time Jobs, self-employment income, 1099 income, and seasonal income.

However, some incomes do not qualify for the VA loan. These include Worker’s Compensation unless it can continue for three years, the GI Bill, and cash payments.

When it comes to credit requirements, VA currently does not have specific needs, and most VA lenders have a minimum credit score requirement ranging from 580 to 640.

Conclusion
It is possible to get a VA home loan of $5 million; however, lenders must ensure borrowers can afford their monthly payments. Still, VA loans offer some great deals for those who are lucky enough to qualify for them.

Phil Georgiades is the CLS for VA Home Loan Centers, a government-sponsored lender specializing in VA loans. He has over 22 years of real estate experience. We would be happy to help you learn more about our programs or apply for a VA loan if you click here.

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The Good and The Bad of Buying a New Construction Home

Nothing beats the feeling of being the first person to live in a newly-built home. Everything is shiny and untouched. There are three ways to buy a spanking new home: already built on spec, semi-custom home built as part of a development where you will be able to choose from a set palette of finishes and upgrades, or a purely custom home designed and built to your specifications from start to finish. The process of buying a new construction home is a lengthy one. Here are some samples of what you should know; the pros and the cons.

Some Good News (Pros)

Personalize & Customize: For some, this is the most exciting part of new construction. You have the opportunity to choose what you want that reflects your tastes, preferences, and personality by choosing the finishes you want. This is an opportunity that doesn’t come with buying an existing home.

Energy Efficient: With modern construction and the integration of advanced technologies comes the added benefit of energy efficiency. New construction homes are built with the latest advances in construction materials and building practices, which can give new homeowners the benefit of reduced monthly utility bills

Pick Your Lot: The lot you choose for your home can impact your quality of life and the future resale value of your home. Consider the view, the location on the street, what direction the home faces at sunset & sunrise, and would future home buyers find the positioning of the home as convenient?

New Home Warranty Protection: Buying a new construction home means that everything in it often comes with a warranty. You can confidently know the builder will cover the cost of any issues during the warranty period, such as a leaky roof or broken water heater. Unlike when buying an existing home where you may not know about hidden defects or problems until after you’ve purchased the home – and you’re left with the bill.

Designed for Your Lifestyle: With several options to choose from, a new construction home lets you design a space that fits your style. The choice is yours. Pick ceramic tile, granite countertops, finished wooden cabinets, or palatable neutral wall color, your home will be finished in a way that’s tailored to your preferences.

Some Bad News (Cons)

Price: On average, it costs about 20% more to build your own home than to buy an existing one. Often, buyers walk through the builder’s model homes and want their new home to be just like that one. In reality, the model home will be much more expensive than the traditional properties in the community. It’s best to use a Realtor to help through the process.

Landscaping: When developers create new neighborhoods, they tend to tear down all of the vegetation in the area. It’s the most costly way for them to break ground and get started. Landscaping is just one part of the process of planning a custom home but is often an afterthought. The landscaping you want for your home may have an impact on the structural design of your home and where it will be situated on the property. Most new construction homes will give you a little bit of landscaping in the front to start off with but they won’t do anything in the backyard. This means that you’ll probably have to fence the backyard if that’s what you need, start from the ground up with growing trees (that take years to grow) and plants, and you may even need to lay turf or seed the lawn.

Homeowner Association Fees: Most new subdivisions and developments will have some sort of homeowner association dues that cover management and any common area maintenance. That being said, many of these new subdivisions will also have community amenities such as clubhouses, swimming pools, or playgrounds.HOA dues can range anywhere from less than $100 a year to several hundreds of dollars per month.

Commute: New construction typically happens further out from the cities. A new home usually means a longer commute to work. It also means you might have to wait for shopping, schools, libraries, firehouses and other key pieces of infrastructure to be built. Those things usually come after there are enough homes and people to support them

Noise: Unless the home that you decide to buy is the last one to be built in the neighborhood, you can count on the daily noise of the rest of the homes being built around you. This could be several months or even years depending on how long it takes to build up the community

The Bottom Line: Building a new home requires a buyer to be very involved.  A custom build gives you full control, but also means managing a lot of details and making hundreds of little decisions. No matter where you decide to build a new home there will be pros and cons to new construction that must be weighed properly before making a final decision.

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Title Insurance for your Home

When you are out looking for your new home, it’s not on the top of your mind: title insurance. But, it should be. It’s one of the most important parts of the home buying process. Something that can protect owners of real property events and matters that can be brought up from the past. Imagine spending your nest egg on a down payment, closing costs, and a few years of mortgage payments. Suddenly, an heir to a former owner is suing to obtain the home, arguing that it never should have been sold to you in the first place. There is no reason to worry if you have title insurance, yet many homeowners decline it. Once they know how it is created to protect them from unknown claims against their property that can pop up years down the road they are less inclined to resist.

Title insurance is much more than a lender requirement. It’s knowing that what you are buying is free of any third party claims to ownership or use of any part of it. It assures the homeowner that they are clear of anything that would affect the ability to sell or borrow against their new property.  After thousands of real estate closings here at Title First, we can give you a rundown of the most common issues we can save you from:

Mistakes on titles, especially lately, that are transferred through a sale of foreclosure without certain rulings met, thus making the transfer of the title invalid.

Mistakes within all the paperwork brought to a closing. Somewhere along the line, there may be a forged signature or recorded documents that have been signed by people without legal authority.

Mistakes made during the probate process for the previous owner that overlooked someone else’s rightful claim (undisclosed heirs) to the property of someone else’s interest in the property. Misinterpretation of wills and deeds.

Mistakes made in the description of the property.

Mistakes were made where claims, tax information, or easements had not been recorded properly in the public record.

Mistakes missed of liens on the property or judgments against the previous owner.

Mistakes in unpaid taxes or mortgages and unpaid debts.

Investors need to be alert when protecting their investments. Title insurance assures the homeowner that the title to the property purchased is free of any defects and is “clear to close”. It is a guarantee that all matters of record that could harm the title of the new property have been disclosed and resolved. Title insurance protects the homeowner against any potential claims should an undisclosed event threaten the ownership of the property. Give us a call today at Title First Agency: 1-866-320-8400

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Rising Energy Prices and Tips to Keep Your Bills Down

With prices surging worldwide for heating oil, natural gas, and other fuels, the U.S. government said Wednesday it expects households to see their heating bills jump as much as 54% compared to last winter.

Whether you heat your home with a furnace, boiler, or central heating, there are ways to save money on your monthly bill. Begin now to winterize your home as the cooler temperatures are ushered in. It’s always a good idea to have your furnace inspected as well as stock up on filters. A dirty filter makes your furnace/heat pump work harder which leads to higher heating bills. Change the filters about once a month.

There are simple things that add up that will help reduce your monthly bills.  A few inexpensive ideas:

Turn your thermostat down. According to the Department of Energy, you can save as much as 10 percent a year on heating and cooling by simply turning your thermostat back 7-10 degrees Fahrenheit for eight hours a day.  Those eight hours can be while you are away at work. They also suggest having your thermostat set to 68 degrees when you are at home and dropping that even lower when you’re sleeping.

Run your ceiling fans in reverse. Hot air rises, so run your ceiling fan at a slow speed in reverse (counter clockwise) to push the warm air back down to floor level. Most ceiling fans have switches that allow you to change the direction of the motor rotation. 

Take advantage of the sunny days. Open your curtains and blinds on the south facing windows through the day,and feel how that sun heats up your home! Make sure you close them again once the sun sets to keep that heat inside. 30% of heating loss in a home happens through the windows, so the thicker the curtains and the shades – the better!

Seal up leaks. Check out your walls, windows, ceilings, doors, light fixtures, outlets and switches for any escaping air. Look for things like hole and gaps. Adding simple weather stripping around your windows and doors is the easiest and cheapest way to help keep the warm air in your home. Ducts tend to get small leaks over time which allow the heated air to escape. An easy and inexpensive fix to these leaks is using metallic tape found at any home improvement store. When you are not using your chimney, make sure the flue is shut to prevent warm air from escaping.

The Bottom Line: Bundle up! It could be an expensive winter ahead when it comes to heating your home. Check with your electric company to see if they have “even billing” where you spread your winter payments out over the whole year, paying the same amount each month. For now, the first step is to find the problems around your home and identify where you could be more energy efficient.

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Technology Upgrades That will Add Value to Your Home

Over the past few years, smart technology has become more accessible and affordable. Not only can smart upgrades make your home more convenient and efficient, but they’ll also make it much more attractive to potential buyers in the future. In this healthy seller’s market, smart renovations will improve the value of the property of your home. Enhancements like your thermostat, lighting, keypad door locks, fire detectors, and security camera systems.

Smart Thermostat: The advantage is its ability to learn a household’s patterns and adjust heating and cooling according to when a home is occupied or is about to be occupied. This reduces the use of heating and cooling systems when nobody is home for significant periods of time. During the Summer, you can set your thermostat to a temp while you are away so you do not waste energy. You are able to program the thermostat to come on a few minutes before you get home. Many are able to be adjusted by your smartphone while on your way home. A thermostat might seem to be a basic feature of your home, but it can have a big impact on your energy bills. Almost half of the monthly energy costs are controlled by your thermostat.

Smart Lighting: To really impress potential homeowners, a good Realtor will showcase the smart lighting by demonstrating it throughout your home. Smart lighting gives flexibility because it can be controlled by timers, as well as by setting up schedules and monitoring bulb statuses remotely. Smart lighting eliminates the switch on the wall. The network does all the work for you, automatically, though you can still program the lights to respond as you wish. They can feature sensors with the ability to identify people and when they need light, as well as how much they may need. Smart lighting will save money on utility bills. They’re very energy efficient; allows for calibration of when each light should be on. When you travel, you won’t have to physically alter the settings of each smart light or check to see if it is off before you leave. Everything can be done remotely, from afar.

Smart Keypad Door Locks: Install a smart lock to keep your house secure.  It’s as easy as using an app that you will program new access codes into the lock, even set schedules for when those codes can be used. You will be notified when it’s used, which gives you the ability to keep an eye on who is in your house and when.

Smart Fire Detectors: A smart fire detector is the one essential every home should have. Traditional alarms depend on you being around to hear them, a smart smoke alarm will alert you when something is wrong, no matter where you are. A smart smoke detector can warn you of a fire in its early stages, allowing you and your family enough time to get to safety. If there are any potential problems with smoke (or CO2) these can quickly alert you, no matter where you are in or out of the house, and even tell you what room it’s sensing trouble in.

Smart Security Camera Systems: The latest smart home security systems pair with your smartphone so you can view cameras, lock doors, arm or disarm security points, and receive instant notifications on alarm triggers wherever you are. Home security systems often lower your home insurance cost since they can reduce the likelihood of home invasion or theft. 

The Bottom Line: Be in control. Smart technology doesn’t just stop at security. Home automation functions enable you to control various aspects of your home, too—such as adjusting your thermostat and turning on or off the lights, coffee pot, or other appliances. If you ever forget to switch your bedroom light off in the morning before heading to work, for example, you can correct your mistake, from anywhere. All you need is a smartphone, iPad, or desktop computer. Upgrading to make your home smarter by adding smart features is among the five best (and easiest) ways to increase your home’s value as well as help it to sell faster than traditional homes due to the spectrum of advantages offered.

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Title Insurance Myths

MYTH: Nobody needs title insurance

Everyone needs title insurance. You may think you know the entire history of the house you’re purchasing, but it’s impossible to know everything. Title insurance protects your right to the property in the event that a previously unknown heir claims ownership of the property if it is later revealed that the “sellers” were not the rightful owners, or if liens against the property resurface. If you have an owner’s title insurance policy, you will not be responsible for paying any of the fees associated with protecting your right to the property, should these types of issues arise.

MYTH: New construction homes don’t need title insurance

Your home could be brand new, but the land on which the house is built isn’t. Chances are, the land had several previous owners before construction began. Buying property on such land opens you up to certain risks tied to ownership issues from previous owners.

Disputed wills, easements, and property liens are just a few of the issues common to land ownership. You could get caught in between the mess and end up losing your resources or, worse still, your new property as well. Title insurance is crucial even for a new home and should be among your list of priorities during the closing process.

MYTH: If no one challenges ownership, then the title policy is a waste

At the closing, when you purchase a title insurance policy, the closing company does the bulk of the work behind the scenes. The title company goes through many steps to make sure that everything is in place by that time, including conducting a comprehensive title search and identifying any potential issues. The team investigates the entire history of the property to ensure that you, the buyer, will be aware of any problems that will need to be addressed before closing. By the time the closing comes around, the title company has completed a great deal of research and legwork for you.

MYTH: Title insurance offers only minimal protection

When you purchase a home, you receive the “title” to the property. This title is your legal right to own it. Early in the home buying process, a title search is conducted to review the history of the property and uncover any issues that could limit your right to ownership. Even after the most meticulous search of public records, there can be hidden title defects, such as tax liens, forged signatures, claims by ex-spouses, and recording errors. These title defects can remain undiscovered for months or even years after you purchase the home.

MYTH: Title insurance is the same thing as homeowner’s insurance

Homeowners insurance protects you so you have the resources to pay for any damage that might occur to your property. Title insurance protects you from anyone else claiming your home is theirs or for some prior owner’s back taxes or encumbrances or any other real property dispute

Title First Agency: Dedicated to innovation and passionate about service, Title First Agency is your comprehensive, nationwide resource for title and real estate settlement services. Headquartered in Columbus, Ohio, Title First has branch offices throughout the Midwest and a robust virtual partner network throughout the country. Title First got its start in 1956 as an affiliate of a local law firm and has since emerged as one of the largest independent title agencies in the nation. Proudly servicing Realtorslendersbuildersdevelopers, law firms, buyers and sellers, Title First is equipped to serve your residential and commercial title and settlement needs.

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Seller’s Market: Make Your Offer Stand Out

Buying a home is one of the biggest and most important decisions a person will make in their lifetime. Financial stress is often compounded in a seller’s market when there is heavy competition among buyers. If you want your offer to be the most attractive, here are some tips.

Get preapproved. The one resounding rule all real estate experts will agree on is to get a mortgage preapproval before you begin your search for a new home. If you want to look like a serious buyer, the first thing you need to do is show the seller that you can actually close on the home. Get a mortgage preapproval – not just a pre-qualification – letter, and if you are a cash buyer, submit proof of funds with the offer.

Work with an experienced Realtor. Find someone you trust who truly knows the local market. Even better when that Realtor has connections to other Realtors — not only to view the non-public listings but also will know what other properties in neighborhoods you like might come on the market soon.  In today’s hot seller’s market, you’ll need someone who can steer you away from pitfalls, is a master negotiator, fiercely devoted to putting your best interests first, and can multi-task. The right agent can make a world of difference.

Up your earnest money deposit. If the house you’re making an offer on is the be-all-end-all, and you can’t imagine not living in it, prepare to boost your earnest money deposit. Show the seller that you mean business and you’re prepared to do what it takes. Your Realtor will be able to guide you to that perfect number that will prove your worthy.

Waive the inspection contingency. Most sellers are anxious about the home inspection. They worry that the buyer will ask for major repairs. This is an aggressive tactic that can be risky but yield positive results. Talk to your Realtor because right now, buyers have had an inspector attend home showings with them to do a quick on-site inspection. In the end, if you have the financial means to play it out this way, then the additional cost of making your own repairs is a risk you might be willing to take in order to get the house you want.

The key to getting your offer accepted in this heated market is to present the easiest, stress-free scenario for a seller.  The fewer demands you make as a buyer, the more likely it is that your offer will be accepted. Contingencies come in many forms, and the fewer of them you have, the more attractive your offer will be. Keep the offer straightforward.

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Buying Vacant Land

With vacant land, it is very important to thoroughly understand all that you are buying. Many buyers purchase vacant land with the plan to build their dream home. With that in mind, research plays an important role in ensuring that your lot has the capacity and potential to house your dream home and all your desired features.

Equipped with essential initial knowledge about a vacant lot, potential buyers can maximize their time during a showing to ask detailed and specific questions about each property.

If you do your research, you may be able to buy land in an area soon to experience growth or revitalization. Even if you opt not to build right away, you could see some appreciation in your investment within a relatively short amount of time.

When you are researching land for sale, you have the opportunity to select the perfect lot for your dream home. You may find land near a waterfront, with breathtaking views, or as far from civilization as you like. Once you locate the perfect spot, you can create and customize the home of your dreams.

Vacant land is less expensive than developed land. With such a low price tag, you’ll enjoy a lower interest rate and pay off the mortgage faster than a traditional home purchase might allow. From there, you can start construction on your dream home.

Vacant land has many benefits but also numerous caveats. Vacant land is always a safe, appreciable investment when you do the research and due diligence to determine the property’s value and potential.

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Get the Edge in a Seller’s Market

A seller’s market is when there are more people buying houses than there are houses for sale.  If you’re looking to buy a home right now, it may be hard to get one at a fair price. In the most sought-after areas, houses are going under contract in a matter of days, even hours. What can you do to be prepared if you must buy a home now?

Hire the best Realtor

Do a search on Realtors. Get the best, with the most experience, you can find. This will give you the advantage you need in a competitive market as she/he will be on the frontlines, keeping you in the know at all times.

Be ready to act instantly

No matter where you live, listings for homes in popular neighborhoods are often few and far between. When these homes do hit the market, they don’t last long. If your heart is set on buying in one of the more popular areas, starting your house hunt early and having patience means that when the moment comes, you’ll need to act quickly.

If you’re really interested in a home, ask your Realtor to get as much info as you can beforehand: property reports, disclosures, etc. Keep your schedule open so that when a home becomes available, you can get to it immediately. .

Get pre-approved

One of the smartest things you can do to ensure your chances of getting the home you want. This part can very well make or break the process. Assume others will be putting in an offer as well and having a pre-approval letter in your hand will give you an edge.

Having your lender verify your ability to afford a home loan for a certain amount lets the seller know you are qualified and motivated. It shows financial security which gives the seller the confidence to feel that the sale will go smoothly with you.

Keep your offer simple

Most offers include contingencies- things like completing inspections and receiving a mortgage commitment -that needs to happen for the transaction to move forward.

When looking at offers, sellers tend to see contingencies as potential opportunities for the deal to fall apart. As a result, they’re more likely to choose an offer that’s relatively “clean” or reduces their risk of potential hang-ups.

In a competitive market, you might see other buyers removing or reducing their contingency periods to make their offer more competitive.

But remember! If you choose to, for example, waive an inspection contingency, you’re agreeing to buy the home regardless of what problems may exist. You’ve got to be OK with that.

Start with a strong sale price

Besides keeping your contingencies in check, there is another component of the offer that will help set you apart from the crowd and it’s fairly obvious — the offer price.

If it is possible for you, consider putting down a larger deposit which will let the seller know you are serious. Be flexible with the closing date to accommodate the seller’s schedule. And know that the sellers are likely to be enticed by a big payout, or if possible, a cash offer. Offer the asking price – and even more, if you think you can swing it. Use a mortgage calculator to see what your monthly payments will look like.

Write a personal note to the seller

Remember that many sellers have an emotional attachment to their home and moving is often hard for them. They’ve put their heart and soul into the home, built families, and made memories in the home. Write a note letting them know why you love their home and how you plan to take care of it. They may love to hear how their home will be in good hands.

Be prepared to negotiate

The whole experience of buying a home is emotional and if the home you are trying to buy has multiple offers, this isn’t the time to throw in a lot of extras. Keep the contract as clean as possible by not asking for extras such as closing cost changes, home warranties, appliances or furniture.

The Bottom Line: Be flexible. As a buyer in a seller’s market, not everything will go the way you want it to. Be patient. If you are working with the best Realtor, they will have the experience to keep you calm while guiding you in the right direction.

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