I know nobody here is an attorney or real estate agent, so no need for disclaimers.
I realize this is not a real estate forum, but I know we have some homeowners here. I'm looking for input from anyone who has recently bought a house (in the USA) or has really good memory about how the process went.
I found a house I want to buy with a VA loan. I saw the Seller's Disclosure before I ever made an offer, and it says that the septic system doesn't work; this will not be acceptable for a VA loan and the seller must fix it. I believe all involved parties understand that.
My realtor prepared an offer letter ("contract") which makes no mention of the septic issue, and had me sign it. Then she sent it to the seller's agent, who hand-wrote into it "Seller retains all mineral rights to the property" and had his seller sign it. Then my agent sends it back to me with this hand-written amendment, signed by all parties, and calls it "executed."
At this point I have not provided any earnest money or had any property inspections performed.
I reply to my agent saying [paraphrased] "whoa, whoa, hold your horses. Is there now a legally binding contract with my signature on it, that was modified AFTER I signed it? That doesn't smell ethical. I'm having a bad feeling about this deal."
She replied that [paraphrased] "this isn't the finished contract. We haven't even seen the inspection reports yet. after the inspection reports come back, we will make amendments to the contract and send it to them, they will amend our amendments, which we will review and re-amend, and back and forth (the actual negotiation). During this time we will negotiate the septic repair and the mineral rights. THEN we will have a contract and move forward with the purchase."
I see her (my agent's) point, but there is still a whiff of bad smell in my nose. I googled a little about it and from what I can tell, the contract usually gets signed at the end of the deal, at closing time. I feel all of these amendments probably should be made to the original document and then signed on the bottom line once all parties agree on the terms.
Also something I turned up in google is that a real estate contract isn't binding unless there is some "consideration" given (earnest money), which I haven't done yet. So I'm reluctant to write that check until I get this figured out.
Any insight is appreciated.
Thanks,
Strantor
I realize this is not a real estate forum, but I know we have some homeowners here. I'm looking for input from anyone who has recently bought a house (in the USA) or has really good memory about how the process went.
I found a house I want to buy with a VA loan. I saw the Seller's Disclosure before I ever made an offer, and it says that the septic system doesn't work; this will not be acceptable for a VA loan and the seller must fix it. I believe all involved parties understand that.
My realtor prepared an offer letter ("contract") which makes no mention of the septic issue, and had me sign it. Then she sent it to the seller's agent, who hand-wrote into it "Seller retains all mineral rights to the property" and had his seller sign it. Then my agent sends it back to me with this hand-written amendment, signed by all parties, and calls it "executed."
At this point I have not provided any earnest money or had any property inspections performed.
I reply to my agent saying [paraphrased] "whoa, whoa, hold your horses. Is there now a legally binding contract with my signature on it, that was modified AFTER I signed it? That doesn't smell ethical. I'm having a bad feeling about this deal."
She replied that [paraphrased] "this isn't the finished contract. We haven't even seen the inspection reports yet. after the inspection reports come back, we will make amendments to the contract and send it to them, they will amend our amendments, which we will review and re-amend, and back and forth (the actual negotiation). During this time we will negotiate the septic repair and the mineral rights. THEN we will have a contract and move forward with the purchase."
I see her (my agent's) point, but there is still a whiff of bad smell in my nose. I googled a little about it and from what I can tell, the contract usually gets signed at the end of the deal, at closing time. I feel all of these amendments probably should be made to the original document and then signed on the bottom line once all parties agree on the terms.
Also something I turned up in google is that a real estate contract isn't binding unless there is some "consideration" given (earnest money), which I haven't done yet. So I'm reluctant to write that check until I get this figured out.
Any insight is appreciated.
Thanks,
Strantor