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卖房中遇到一点麻烦， 紧急求助和求教！
- 主题发起人 savannah
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呵呵，谢谢！什么话？closing的时候都是好的，明明是买家自己弄坏了还来讹人反告他诬陷罪
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鸭理山大什么话？closing的时候都是好的，明明是买家自己弄坏了还来讹人
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你的律师基本上是告诉你，买房的事而已结束了。新问题永远会有，不理就是了。
lovetravel
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You are Lucky running into a good agent. Once the transactions are completed, some agents will ignore you or forget about you. My agent even forgot the closing date for my property purchase... I had to remind him that final inspection needed to be done and he did it at the night before the closing date. things were found out being broken during the final inspection but the seller argued that there was no time left for them to repair. I had to close the deal and am running around to find people to do the repairs. I asked the agent to coordinate the repairs but he clearly demonstrate that he is being annoyed and even said why should he spend time doing that , no law says he should do anything if issues occurred before the closing date and he has other things to do. ...
Anyone knows what the professional standards expected of those agents are? @ccc
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Closing day in a house deal is a milestone for both the seller and the buyer. To make it go smoothly, it is very important that both buyer and the seller are properly prepared.
Here’s a checklist if you are selling:
1. Make sure you have given your lawyer a copy of any deed, mortgage, survey and current property tax bills. You should have received these from your lawyer when you bought the house.
2. Do not cancel your household insurance policy until you have heard that the deal has closed. Also, if you are moving out more than 30 days before closing, you need to notify your insurer that the home will be vacant. This way, you will still be covered if anything happens in the home up to the closing date.
3. You will visit your lawyer a few days before closing to sign the papers. Make sure you give one set of keys to give to your lawyer, which will be passed on to buyer’s lawyer at closing.
5. Have all your utility meters read on the day of closing. That way you will only be responsible for your share of utilities. Also notify your cable and telephone provider so that your service can be disconnected. If your house is heated with an oil tank, you need to make arrangements to fill the tank on the closing day.
6. Cancel any pre-authorized or postdated cheques at your bank, to make sure you don’t pay for anything after closing.
7. As you have to be out of the property when it closes, arrange to move out before 5 p.m. You might be interested in
Six figure income needed to buy almost any GTA home: report
Scaffolding crew pokes a hole in historic painting at Queen's Park
Canadian teen found dead in Cuba died of natural causes, autopsy says
Here’s a checklist if you are buying:
1. Schedule your pre-closing visit shortly before closing, so that you can conduct your final inspection to make sure that the home is in the same condition as when you signed the offer.
2. Arrange moving time late in the afternoon, as that is likely when the seller will have moved out. If it is a condominium, and you need use of the elevator, contact the management company well in advance of closing to reserve the elevator.
3. Fire insurance must be arranged for the full replacement cost of the home. If it is a condominium, you need a policy to protect your contents and liability. Do not leave this to the last minute.
4. If you are arranging a mortgage for less than 20 per cent down, the bank will be deducting certain costs, such as mortgage insurance, appraisal fees and HST. Find out early what all these deductions will be, as you will have to come up with any difference needed to close your deal. Make sure you have provided the lender with all required proof of income, or down payment well in advance so that it does not delay the money.
5. Your lawyer will be receiving a statement of adjustments just before closing. This could add to your closing costs if the seller has prepaid some expenses, especially property taxes. Find out exactly what this is as it can add up to 0.5 per cent more to what you may owe.
6. You will need to deliver, at least 2 days before closing, the balance of money needed for your lawyer to close the deal, by certified cheque, money order or bank draft.
7. Let the lawyer know how you will be taking title to the property. If you take as joint tenants and one of you passes away, the other party immediately becomes the owner. If you take as tenants in common, you can transfer your interest to a beneficiary under your will.
8. Tell your lawyer to order title insurance for you. This will protect your property against title defects, survey issues, work orders and frauds while you own the property.
9. Arrange for your cable and telephone providers to install service on the day of closing or immediately after closing.
10. Contact the utility companies, to make sure they read the meters on closing, so that you are only responsible for charges after you move in.
Being prepared in advance will ease the stress of closing day and hopefully begin the creation of happy memories for you and your family.
Here’s a checklist if you are selling:
1. Make sure you have given your lawyer a copy of any deed, mortgage, survey and current property tax bills. You should have received these from your lawyer when you bought the house.
2. Do not cancel your household insurance policy until you have heard that the deal has closed. Also, if you are moving out more than 30 days before closing, you need to notify your insurer that the home will be vacant. This way, you will still be covered if anything happens in the home up to the closing date.
3. You will visit your lawyer a few days before closing to sign the papers. Make sure you give one set of keys to give to your lawyer, which will be passed on to buyer’s lawyer at closing.
5. Have all your utility meters read on the day of closing. That way you will only be responsible for your share of utilities. Also notify your cable and telephone provider so that your service can be disconnected. If your house is heated with an oil tank, you need to make arrangements to fill the tank on the closing day.
6. Cancel any pre-authorized or postdated cheques at your bank, to make sure you don’t pay for anything after closing.
7. As you have to be out of the property when it closes, arrange to move out before 5 p.m. You might be interested in
Six figure income needed to buy almost any GTA home: report
Scaffolding crew pokes a hole in historic painting at Queen's Park
Canadian teen found dead in Cuba died of natural causes, autopsy says
Here’s a checklist if you are buying:
1. Schedule your pre-closing visit shortly before closing, so that you can conduct your final inspection to make sure that the home is in the same condition as when you signed the offer.
2. Arrange moving time late in the afternoon, as that is likely when the seller will have moved out. If it is a condominium, and you need use of the elevator, contact the management company well in advance of closing to reserve the elevator.
3. Fire insurance must be arranged for the full replacement cost of the home. If it is a condominium, you need a policy to protect your contents and liability. Do not leave this to the last minute.
4. If you are arranging a mortgage for less than 20 per cent down, the bank will be deducting certain costs, such as mortgage insurance, appraisal fees and HST. Find out early what all these deductions will be, as you will have to come up with any difference needed to close your deal. Make sure you have provided the lender with all required proof of income, or down payment well in advance so that it does not delay the money.
5. Your lawyer will be receiving a statement of adjustments just before closing. This could add to your closing costs if the seller has prepaid some expenses, especially property taxes. Find out exactly what this is as it can add up to 0.5 per cent more to what you may owe.
6. You will need to deliver, at least 2 days before closing, the balance of money needed for your lawyer to close the deal, by certified cheque, money order or bank draft.
7. Let the lawyer know how you will be taking title to the property. If you take as joint tenants and one of you passes away, the other party immediately becomes the owner. If you take as tenants in common, you can transfer your interest to a beneficiary under your will.
8. Tell your lawyer to order title insurance for you. This will protect your property against title defects, survey issues, work orders and frauds while you own the property.
9. Arrange for your cable and telephone providers to install service on the day of closing or immediately after closing.
10. Contact the utility companies, to make sure they read the meters on closing, so that you are only responsible for charges after you move in.
Being prepared in advance will ease the stress of closing day and hopefully begin the creation of happy memories for you and your family.
Most real estate sales contracts contain repair contingencies. A repair contingency is a clause in the sales contract that states both the buyer's and seller's options should repair issues be discovered during the home inspection. It is critical to understand the repair contingency, because once an offer is signed, it becomes a legal and binding contract. Your real estate agent or attorney can answer additional questions you may have on this topic.
Sample Repair Contingency
For example, here is the repair contingency from the standard real estate sales contract widely used in North Carolina. The wording in your state's real estate sales contract may be similar or very different.
13. (c) Pursuant to any inspections in (a) and or (b) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, any items not covered by (a)(i), (a)(ii), (a)(iii) and (b) above are excluded from repair negotiations under this contract.
This repair contingency clause spells out the rights and responsibilities of both parties clearly. The seller can elect to repair problems found by the buyer or pass on the option to do so.
The paragraphs named at the end of the clause refer back to the home inspection contingency, which dictates items that are expected to be working properly at closing and to details about inspections for wood destroying insects.
There's a separate addendum, or attachment, that can be used to establish a repair agreement between the buyer and the seller.
Put Expenses on Hold
If possible, buyers should delay as many closing expenses as possible until repair issues are known and resolved. Why spend money for a title search, survey, and other expensive closing costs until you know the house will be yours? Get your inspections out of the way early so you can negotiate repair issues and get on with the business of closing.
Unresolved Repair Issues
Known problems become material facts: Unless the buyer makes unrealistic demands, it is often in the seller's best interests to negotiate and make repairs. Once a problem is known, it becomes a material fact that must be disclosed to all future potential buyers.
Sometimes sellers think they can up the price of the house to cover the repair, but if the house is already priced correctly that doesn't usually work. An overpriced house sits on the market instead of selling and the sellers continue to make payments instead of moving into their new house.
Banks might not lend: Problems noted on an appraisal might throw up a red flag to the lender; such problems might cause the lender to ask for a structural inspection to verify that there are no problems with the house. The bank might refuse to finalize the loan until repairs are made.
Scheduling Repairs
Repairs made before closing: If the seller makes repairs before closing, take your home inspector back for a recheck as soon as you receive word that repairs are complete. Do not wait for the final walk-through, because you don't want to find out on the day of closing that repairs have not been made or have been made poorly. The home inspector may charge you an additional fee for the service.
Repairs made after closing: There are a few basic scenarios for repairs made after closing:
•
The seller can give you a lump sum at closing to cover the cost of repairs you agree to initiate after closing.
•
The seller can prepay a repair person to do the work.
•
A portion of the seller's proceeds can be held in trust after closing and used to pay for repairs. A signed agreement should be in place to ensure that repairs are made.
The method you use depends on the complexity of the repairs. Simple items, where you feel the estimate you've received is sufficient, could probably be paid as a lump sum. Extensive repairs often uncover more issues as they progress and nearly always cost more than anticipated.
Buyers should consult with an attorney to ensure their interests are protected before agreeing to make repairs after closing.
Sample Repair Contingency
For example, here is the repair contingency from the standard real estate sales contract widely used in North Carolina. The wording in your state's real estate sales contract may be similar or very different.
13. (c) Pursuant to any inspections in (a) and or (b) above, if any repairs are necessary, Seller shall have the option of completing them or refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of accepting the Property in its present condition or terminating this contract, in which case all earnest monies shall be refunded. Unless otherwise stated herein, any items not covered by (a)(i), (a)(ii), (a)(iii) and (b) above are excluded from repair negotiations under this contract.
This repair contingency clause spells out the rights and responsibilities of both parties clearly. The seller can elect to repair problems found by the buyer or pass on the option to do so.
The paragraphs named at the end of the clause refer back to the home inspection contingency, which dictates items that are expected to be working properly at closing and to details about inspections for wood destroying insects.
There's a separate addendum, or attachment, that can be used to establish a repair agreement between the buyer and the seller.
Put Expenses on Hold
If possible, buyers should delay as many closing expenses as possible until repair issues are known and resolved. Why spend money for a title search, survey, and other expensive closing costs until you know the house will be yours? Get your inspections out of the way early so you can negotiate repair issues and get on with the business of closing.
Unresolved Repair Issues
Known problems become material facts: Unless the buyer makes unrealistic demands, it is often in the seller's best interests to negotiate and make repairs. Once a problem is known, it becomes a material fact that must be disclosed to all future potential buyers.
Sometimes sellers think they can up the price of the house to cover the repair, but if the house is already priced correctly that doesn't usually work. An overpriced house sits on the market instead of selling and the sellers continue to make payments instead of moving into their new house.
Banks might not lend: Problems noted on an appraisal might throw up a red flag to the lender; such problems might cause the lender to ask for a structural inspection to verify that there are no problems with the house. The bank might refuse to finalize the loan until repairs are made.
Scheduling Repairs
Repairs made before closing: If the seller makes repairs before closing, take your home inspector back for a recheck as soon as you receive word that repairs are complete. Do not wait for the final walk-through, because you don't want to find out on the day of closing that repairs have not been made or have been made poorly. The home inspector may charge you an additional fee for the service.
Repairs made after closing: There are a few basic scenarios for repairs made after closing:
•
The seller can give you a lump sum at closing to cover the cost of repairs you agree to initiate after closing.
•
The seller can prepay a repair person to do the work.
•
A portion of the seller's proceeds can be held in trust after closing and used to pay for repairs. A signed agreement should be in place to ensure that repairs are made.
The method you use depends on the complexity of the repairs. Simple items, where you feel the estimate you've received is sufficient, could probably be paid as a lump sum. Extensive repairs often uncover more issues as they progress and nearly always cost more than anticipated.
Buyers should consult with an attorney to ensure their interests are protected before agreeing to make repairs after closing.
如果你曾经买过房而且你的律师比较负责的话，他／她会告诉你，closing后两年内，如果出现和purchase agreement 不相符的房屋状况，且可以证明不是买主造成的，都可以追溯卖家要求变更和赔偿，所以：
（1）合同怎么写的，有哪些conditions：哪怕无condition的合同，如果房屋出现结构问题影响安全和使用，买方同样可以诉诸法律，因为无condition的合同里也会注明房屋可以正常使用是基本条件。
（2） 问题是否很大，费用多少，有没有必要找律师
但是你这个情况，和结构无关，如果是无条件offer，买家找你就属于无理取闹了！
Anyway，村里的买家们，别忽视了自己的权益；而房主们，别以为房屋转手就万事大吉！
