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Buying a Home with an Easement

If the home you’ve fallen in love with has an easement, you may be wondering how this affects you. An easement gives a person or entity the right to use part of your land, but only for a very specific reason. For example, a utility company may have an easement on your property to maintain an electric pole. Another example is an easement which allows your neighbor to drive through a portion of your land to access their garage.

Easements will be disclosed as part of the sales process and if you’ve discovered that your new purchase is subject to an easement, it’s important to learn the different types and their effect on your use of your land.

Types of Easements

  • Appurtenant vs. Gross – An appurtenant easement benefits the property, by allowing access through another’s land, such as the neighbor’s garage example above. A gross easement benefits an individual or entity, such as the utility company example above.
  • Private vs. Public – A private easement allows a specific person to access your property while a public easement allows any member of the public to use your land.
  • Affirmative vs. Negative – Most easements are affirmative (which is to say they allow something to happen) but some are negative easements, such as preventing a neighbor from building a second story that blocks a view.

Easements are not permanent and can be challenged if the need no longer exists. If your property is subject to an easement. It’s important to understand how it will impact your property before completing the purchase.

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Getting Outbid? Strategies to Make Your Offer Stand Out and Get Accepted

Summer is traditionally a busy time for buyers and sellers. This year has been no exception—and with lower interest rates, many homebuyers are finding the competitive environment challenging. With multiple buyers competing for properties, even terrific offers are often being outbid.

Fortunately, there are some things you can do to make your offer more attractive to the sellers and increase the chances of getting the property.

  • Have Full Pre-Approval – A step beyond pre-qualification, a pre-approval involves submitting your full application to underwriting. Your lender will collect all your financial data and submit for review. This is stronger than a pre-qualification; a pre-approval requires the buyer to provide the proof of their ability to qualify for the loan.
  • Increase the Earnest Money – Earnest money is the deposit held in escrow. While the contract will dictate how monies are disbursed in the event of a cancellation, increasing the amount offered can show the seller you’re serious.
  • Add an Escalation Clause – In a bidding war, it can be difficult to know what to offer because you want to outbid the competition without going too high. An escalation clause is one way to automatically outbid the others. The clause typically offers an amount—$1,000 for example—higher than any verifiable offer up to a specific amount. This can ensure yours is the highest offer.
  • Pay any Appraisal Shortage – When offering more than asking price, sellers become concerned about the appraisal coming in too low. If you are willing to pay over market value, include the amount of shortage you are willing to pay.
  • Remove Inspection Contingency – This option can be tricky, but if you are planning a large remodel or are willing to tackle any defects found, then you can make your offer stronger by accepting the home as-is.

In this fast-moving, competitive real estate market, it’s important to make your offer stand out from the crowd. These strategies are great ways to demonstrate to the sellers that you’re serious about buying their home, increasing the chance of having your offer accepted.