offer

Making an Offer

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While the housing market has cooled some since I started this post in the Spring, there are still some areas that are moving quickly and aggressively, and this information is still helpful regardless of you being in a multiple offer scenario. Over the course of 6 years and 18 properties purchased (and countless offers made), we’ve caught on to some helpful parts of contracts. Again, keep in mind that I’ve seen real estate contracts in New York, Virginia, and Kentucky; this is not all encompassing or what may work perfectly in your market. This also doesn’t include all parts of a contract since most of them are standard and/or can’t be anything but matter-of-fact (e.g., will the property be owner occupied; is the property subject to a homeowner’s association).

BASICS

Your contract is going to encompass the basics of the purchase each time. This would be the buyer and seller names, address of the property, offer price, and closing date.

Typically, the buyer’s agent draws up the contract with the information being offered. If the offer is accepted by the seller, the seller signs the contract. If there are negotiations, the buyer’s agent will adjust, have the buyer re-sign, and then submit to the seller for signature. When the buyer makes the offer (which is just filling out the contract and sending it to the seller), the buyer will typically include an expiration date of the offer. This isn’t always enacted, but it’s there as a protection so the buyer isn’t sitting idle for extended periods of time waiting for a seller to make a decision. For example, we had an expiration clause in a contract recently where our offer expired at 8 pm that night, but we knew they weren’t going to review offers until the end of the weekend; we had put it in there as a way to hopefully push the seller to make a decision with just our offer instead of waiting for more offers to roll in. We ended up getting the contract on the house, even though our expiration date had technically expired.

In Virginia, the closing date language says “on or before X date, or a reasonable time thereafter.” In Kentucky, it says “on or before X date,” and if you can’t close by that date, you and the buyer have to process an addendum to the contract with a new closing date. We had a contract, as the seller in Virginia, close 2 months after the date in the contract. We were furious about that. We could have walked away and kept the buyer’s earnest money deposit, but then we’d have to formally list (it was an off market deal) and manage that process along with the home inspection issues that may arise. We also had a contract in Kentucky where our lender messed up and delayed our closing, so we had to sign an addendum to the contract to allow us to close a week late.

EARNEST MONEY DEPOSIT (EMD)

Earnest money, or good faith deposit, is a sum of money you put down to demonstrate your seriousness about buying a home. In most cases, earnest money acts as a deposit on the property you’re looking to buy. You deliver the amount when signing the purchase agreement or the sales contract, and it’s applied to your balance owed at closing.

This is not a requirement, but it’s showing your “good faith” to purchase the property because there’s a penalty to you if you try to walk away from the purchase.

In most cases, you pay the EMD to your realtor’s office and they hold it until closing. In Kentucky, they’re on it right away, asking you to send the check as soon as the contract is signed. In Virginia, I didn’t always send the EMD. The amount is listed in the contract, so if I were to default on the contract as a buyer, I would still owe that amount even though I hadn’t paid it to my realtor’s office.

Typically, you’re looking to put 1% down. On a $90k purchase, we gave an EMD of $900. On a purchase of $438k, we gave an EMD of $5,000 (but there were other factors at play as to why we went higher than 1% on that, which I’ll cover later).

CONTINGENCIES

Some items we’ve seen in our contracts are options for the buyer to back out of the contract, or a contingency.

Financing

A sale can be subject to financing. If it’s not an all-cash offer, and there will be a loan secured to purchase the property, data can be entered to protect the buyer’s interests. Typically, it’s going to list the years of the loan to be secured (e.g., 30 year conventional), a downpayment amount, and a maximum interest rate. The interest rates hadn’t been fluctuating much, but this would play into things in the past few months. If you tried to purchase a home when the prevailing interest rate was about 4%, and then interest rates rose to 5.5%, it may affect your ability to qualify for the loan or put you outside a comfort zone for your monthly payment amount. For example, on a $250,000 loan at 4%, your monthly payment is about $1200 per month (principal and interest); if the rate raises to 5.5%, your monthly payment becomes $1420 per month.

This information does not lock you into that break down. If the contract says 80%, and you decide to put 25% down based on the rate sheet, the contract isn’t changed nor is it voided.

Appraisal

If the sale is subject to financing, then it has to be subject to the appraisal. This is a lender requirement to protect their interests. There are some caveats to this, but I will cover them later since they’re more advanced. An appraisal will cost the buyer in the realm of $450-600.

If you’re attempting to qualify based on rental property income, the lender may require you to pay for a rental appraisal as well. We’ve seen this cost at an additional $150, but we’ve typically been able to negotiate our way out of that by providing leases and income history.

Home Inspection

This is one that I almost always recommend including in your offer. This is your “out” in almost every situation. If you get a home inspection, and it finds anything, you can walk away from the contract and not lose your EMD. If a house is important enough to you (a personal residence that you want regardless of what you find on an inspection report), you may eliminate this contingency, but you’ll typically include it. You can even include that you’ll do a home inspection and decide to not do it.

If the house is being sold as-is, it doesn’t mean you can’t get a home inspection. You can still get the inspection to know whether you want to move forward with the purchase. Being sold as-is just tells the buyer that the seller is not willing to negotiate price or fixing items if the home inspection finds something.

The buyer is responsible for the cost of the home inspection. We’ve paid between $300 and $650 for it. The inspector will take about 2 hours to look through the house, including the roof and mechanical parts behind the scenes. Sometimes the inspector will say “this doesn’t look right, but you need to consult a professional in that trade,” which is usually what happens when it comes to roofing. We have done a home inspection, found too many issues to manage (e.g., stairs built out of code) and walked away from the contract. In that scenario, we don’t lose our EMD, but we did pay about $500 for “nothing” (unless you count all the savings of not throwing money into the house to make it safe and livable).

If you find items on the home inspection that you don’t or can’t fix yourself, and the house isn’t being sold as-is, you can request the seller address them. An addendum to the contract will be filed to identify what the seller agrees to fix, and professional receipts have to be supplied before closing to satisfy the requirement. A seller may say they don’t want to be bothered with coordinating the trades to fix the items and offer financial compensation (e.g., we project the cost of these fixes to be $1000, so we’ll take $1000 off the purchase price).

In the realm of “the contract can say almost anything you want,” here’s an example of an additional term that was in one of our contracts. On this particular house, we should have walked away. The closing process was a nightmare because the seller hadn’t paid the electric bill, so we should have known that them wanting a free pass on inspection items was a red flag.

Virginia has a clause to protect the seller’s ability to walk away from the contract in the event of drastic home inspection repair costs.

Wood Destroying Insects (WDI)

A WDI is basically your termite inspection (may include carpenter bees, ants, etc.). We learned with our very first home purchase that this inspection is pretty useless. You can teach yourself what outward signs to look for regarding termite damage. It’s a visual inspection of what the technician can see. But the damage caused by WDIs is behind the drywall. If there’s signs of WDIs outside the studs of the walls, you’ll see it, and that means you have a big problem. Pay the $35 for a professional to say there are signs of active termites.

Another way we found that the WDI is useless is that we had a major termite problem in our house. We were paying for treatment when we sold the house. The treatments weren’t working and the next step was pulling up all the flooring in the basement and treating under the foundation ($$$). The termite company wrote their report: There is an active infestation of termites that are actively being treated. Technically, true. Productively, not the whole picture.

‘ADVANCED’ CONTRACT OPTIONS

I don’t know that these are necessarily advanced, but they’re less common options when making an offer. Some of them come in handy at opportune times, so it’s helpful to know the options at your disposal.

Seller Subsidy

The seller subsidy is the seller’s contribution to closing costs. It reduces the seller’s bottom line based on the offer amount, and it reduces the amount of money the buyer needs to bring to the settlement table. If a contract offer is $102,000 purchase price with $2,000 seller subsidy, then the seller’s bottom line is $100,000.

There is a limit of how much seller subsidy can be in a contract, which is based on the lender’s requirements and is typically 2% of the purchase price. We have had to adjust the contract to account for this limit before we were aware of it; we kept the seller’s bottom line the same, but adjusted the numbers so that we could maximize the seller subsidy.

In Virginia contracts, there’s a boiler plate section identifying the possibility of seller subsidy. In Kentucky, it has to be written into the additional terms section.

Escalation Clause

If you’re in a multiple offer scenario, it may be helpful to offer with an escalation clause. This is an option that a prospective buyer may include to raise their offer on a home should the seller receive a higher competing offer. The buyer will include a cap for how high the offer may go. It’s essentially a way for the buyer to compete with other offers, but not necessarily pay top dollar for the house.

Most recently, our offer was $420,000 and we were told there were at least 4 other offers. We added an escalation clause to our offer. We decided to make it a strange number (e.g., increase by $1770 at a time), and we capped it around $450,000. We were basically saying that we were willing to pay up to $450,000 for the house, but we didn’t have to commit to that number by making our offer at $450,000. The highest offer outside of our offer was about $436k, so our escalation of $1770 over highest offer got us the house for about $438k.

Appraisal Gap Clause

As mentioned, a home purchase with financing is going to be subject to an appraisal. With the housing market exploding purchase prices in the last couple of years, houses have been selling for well over list price. This is nice in theory, but that doesn’t mean that a bank is going to agree that your purchase price is “fair market value.” If your contract is for $500,000, but the home values in the area only support $420,000, the bank is not going to give you a loan based on $500,000. Either the seller has to agree to accept the lower purchase price, end the contract and start over with the listing, or the buyer has to agree to pay the difference in value in cash. A gap clause is preemptive attempt to address this difference between the contract price and the potentially lower appraisal price.

If the buyer believes that the area’s home prices will support a purchase price of about $450,000, but they want to make an offer of $500,000, the buyer may include a gap clause of $50,000. This means that the buyer is more attractive to the seller because the seller’s risk of the contract falling through after the appraisal comes back is minimized. This also means that a buyer would have to be able to show the lender that they have the cash to cover the gap clause needed (if needed), the down payment, and the closing costs.

We used a gap clause on our most recent purchase. The list price was $415,000. I was confident that an appraisal would cover up to $425k, but I didn’t see many comparable sales higher than that without venturing into different neighborhoods. We offered, with an escalation clause, up to about $450,000. Since we weren’t sure that the appraisal would go that high, we offered a gap clause of $25,000. Our final purchase price was $438k, and the lender waived an appraisal need, so our gap clause wasn’t enacted.

RANDOM CLAUSES

I mentioned that a contract can almost say whatever you want. Here are a couple of examples of protections we put in an offer that had to be satisfied within the term given or we could walk away from the deal with no penalty.

SELLER THOUGHT PROCESS

The seller’s comfort comes into play when you’re in a multiple offer scenario. A buyer can make an offer saying almost anything they want (within reason of a residential real estate transaction). You can manipulate your offer to show the seller how vested you are in the purchase. Sometimes a seller just cares about the bottom line numbers, but sometimes (like if you’re competing with a similar offer), a few tweaks to your offer may make you more desirable.

I mentioned that we went higher than 1% on our EMD for our personal residence purchase. We wanted to show that we were very interested in the property, so one way to do that is to show that we have a lot of “skin in the game.” If we default on this contract, we’re out $5,000 and getting nothing. Whereas, when we’re purchasing a rental property without emotion, if it doesn’t go through, it doesn’t go. Sticking to about 1% is showing that we’re “checking the box,” but not that we’ll do anything and everything to make sure this deal goes through. We would still be out some money and get nothing if we walked from a contract without enacting a contingency, so the higher EMD you include, the more serious you appear.

A seller may not understand the big picture of providing the subsidy, so that could be risky. If a seller sees that they’re contributing to $2,000 of your closing costs, they may balk at it. Hopefully, they have a realtor on their end that can explain “think of your offer as $100,000 instead of $102,000.”

Eliminating a home inspection may make a seller feel more comfortable too. They may know of some issues in the house and are waiting for the “shoe to drop” through the inspection process, so it could eliminate a stressor for them. I wouldn’t recommend eliminating a home inspection unless you’re confident there aren’t any fatal flaws in the house (e.g., quarter width cracks in the foundation, wet marks on the ceiling, warped/sunken flooring).

The housing market has slowed down, so some of the out-of-the-norm clauses may no longer be worth the buyer’s risk just to compete for a house, but these are some options out there. The general concepts still apply, like when to pay for extra inspections or to expect financing and an appraisal to go together. Know that everything is a negotiation and don’t feel stuck in a contract if red flags are flying.

“Comps” in Appraisals

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You hear this term in real estate often. “What are the comps?” “Have you run the comps?” It’s short-hand for “comparables.” These are the houses that are similar to the house in question (whether you’re trying to list a house for sale or purchase a new house) can be used to determine the value of a property. It’s touted as if it’s difficult, and I’ve seen several comments in a “moms” group that told me more people need to know about appraisals.

An appraisal is an expert’s estimate in the value of something. It can be something small like a piece of jewelry or something big like a house. During a closing process that includes financing, the bank issuing the loan is going to request an appraiser evaluate the property being purchased. The bank is using this as a mechanism to verify that the property is worth the contract amount.

A recent appraisal we had done stated the following (for context). This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice.

If your real estate purchase is through a loan, the bank is going to require an appraisal. Have you ever looked at the appraisal? The lender is required to give you a copy.

Let’s dig into one of mine.

THE APPRAISAL

This particular appraisal was completed for a refinance of a loan. It was done in December 2021 and is 37 pages long, granted a lot of that is teaching documentation.

First, the appraiser identifies the property’s characteristics. Things like the address, plat number, taxes, house size and details, utility hookups, and neighborhood demographics are filled out. Here are a few snapshots with that information. All appraisal reports I’ve seen have looked like this (across multiple states).

Once the appraiser identifies the property’s details, he moves on to finding nearby homes that have sold recently. The comparable sales are of similar age, construction quality, and condition. There are formulas available to the appraiser to determine how differences between the property he’s appraising compares to the similar nearby homes. For instance, having another bedroom increases a property’s value by a certain amount, having a garage could increase the property value, having a fence affects the value, etc. Here’s a snapshot of one of the comparable sales for this appraisal. The first ‘description’ column contain the details of the house being appraised. The second ‘description’ column contains the details of the address he’s using as a comparable. Then there’s the adjustment column to identify how those differences affect the value of the home. This home being used had sold for $255,500. Each difference is calculated to account for a value of the home had it been even more similar to our house. So this house having a porch instead of a stoop is affecting the value at $3,500 (I don’t know how these values are determined, but I assume it’s all a software calculation that keeps it consistent).

This appraiser used 7 comparable sales. We’ve historically seen 3-5 houses used, but this market has created more options than usual. The appraisal was determined by removing the value of the land (since that’s calculated by the tax records regardless) and applying the average price per square foot amount to our house. The valuation came in at $230,000. We purchased the house for $117k 5 years ago, so that was a nice surprise. We were able to take out a loan for up to 60% of the appraisal’s value.

YOU CAN DO A RUDIMENTARY APPRAISAL YOURSELF

The point here is that an appraiser is using the specifications of nearby, similar real estate transactions to determine the value of the house in question. Since the concept of an appraisal is straightforward, you shouldn’t feel like you’re incapable of doing your due diligence on a purchase or determining the sale price.

It’s important to note that you’re focusing on houses that have SOLD. You’ll see houses nearby listed for sale at different prices, but that doesn’t mean that’s what the market deems a “fair market value.” You want to focus on the sold prices because that means someone was willing to pay that for that type of property, and a bank likely confirmed the value with an appraisal.

In this “moms” group I mentioned, several people told a person that she needed to hire an appraiser before listing her house. An appraiser is about $400-600. In a house sale, the buyer is responsible for the appraisal. Therefore, as the person listing the property, you’re not “ahead” in any way by paying for an appraisal up front because it wouldn’t have been your cost to bear anyway. Instead of paying someone to perform an appraisal, you look at houses nearby that sold recently.

Back in 2018, we were using sales for 6 months to a year prior to the date we were searching. The housing market hadn’t changed all that much year-to-year that you couldn’t use sales from a year ago. These days, you need to be looking at houses that have sold in the last 3 months, and maybe go back to 6 months if you don’t have any good options. If you need to use sales from a year ago these days, then assume a hefty inflation (in most areas) from the price it sold at, but it’ll at least give you a good starting point on the price.

For recent sales you dint, you’re looking for properties with the same number of bedrooms and bathrooms, approximately the same square footage, and approximately the same size yard. You’re hoping for pictures too so that you can evaluate if the condition of the property is objectively better or worse than the property you’re considering.

PERSONAL EVALUATION EXAMPLE

We’re currently on the hunt for another rental property to add to our portfolio. Things are moving fast, so we’re doing quick evaluations on the fly with best guesses of value. We have the benefit of doing several of our own real estate transactions, including plenty of searching for options outside of the ones we did purchase. Therefore, we have the knowledge to be able to eyeball the value. In the beginning, it would probably work best if you write down the details (similar to what’s found in the appraisal screenshots above) to identify the appreciable differences between your options.

We were looking at a property that was in poor condition. The listing even stated that they were offering a $3,000 flooring allowance as part of the sale, acknowledging that the condition was poor. The house is 3 bed/1 bath (colloquially referred to as ‘a 3/1,’ and was listed at 169,900. The listing photos showed a scratched up floor, but otherwise looked ok.

Not bad, right? Well, I don’t know what filter they used, but these colors are a lot more vibrant than the condition of those cabinets and appliances were in person. The photos didn’t capture the gouged walls or layers of paint that weren’t properly painted between coats. And, unlike popular HGTV shows would you have you believe, the paint color isn’t something we’re caring about. It’s a bonus if it doesn’t need a coat of paint before we rent it, but we’re generally expecting to paint a house after we buy it. The photos also don’t portray the filthy bathroom with the mismatched patchwork tiles in the shower. We stepped back and seriously considered flipping this or improving it and using it as a rental still.

I opened my Zillow app. When I’m looking for quick information, I’m focusing on price per square foot, rather than actual purchase price. This house came to $151/sqft. In the Zillow app, on the upper right corner, click ‘Filters.’ I always click ‘Reset’ before I start a new search because I never know what I last changed in the parameters. I chose the ‘Recently Sold’ toggle, left everything the same, and then at the bottom I changed ‘Sold in Last’ to ‘6 months.’ In this area, if I looked at a broader spectrum of recently sold houses, I’d have too many to look at, and the prices in 2019 would be drastically different than what’s currently happening in this market. If I still had too many results, I would have filtered down to 90 days. However, it’s January when I’m looking, so there hasn’t been too much activity in the last 3 months, and I want to capture more options that sold during the summer months.

Then I just started clicking the yellow bubbles of prices. I want to first focus on the ones closest to the house I’m looking to buy. As I get further away (or cross major roads), I’m probably looking at a different school district, or different crime levels, or different ‘feel’ of the neighborhood; be careful how far out you look.

Here are my thoughts on the first comp I found. The parentheses identify how it relates to the property I’m viewing: either it’s the same (=), my property is better (+), or my property is worse (-). It’s a 2 bed (+), 2 bath (+), with low curb appeal (+), smaller lot (+), nicer floors (-), covered deck (-), stainless appliances (-), kitchen cabinets were original and the stove’s vent hood was outdated (+), the master bathroom needs a facelift (+). This house sold in September 2021, so it’s a fairly similar market to what I’m looking in now. It sold for $117/sf. With the difference in the number of bathrooms and bedrooms, it’s hard to compare. Subjectively, the house I’m interested in is worse than this house, but it has another bedroom and a bigger lot. I decide that this comp doesn’t get me close to $151/sf for the house I’m looking at.

Comp 2 is around the block. It’s very close to the size of the house we’re evaluating (=) and is a 3/1 (=). It’s adorable, with great curb appeal, so it draws me in. Then I start noticing some things that are red flags. The roof doesn’t appear to be in bad shape, but my eyes are drawn to a water stain on the living room ceiling (+). It appears to have laminate flooring in the kitchen and carpet elsewhere, whereas the house we’re looking at has hardwood everywhere; our hardwood is beaten though, so this is hard to compare. I see that there’s old vinyl in the laundry closet that wasn’t addressed when new laminate appears to be laid, there’s some poorly laid wood flooring in just the entrance to the master bedroom, and there are several stains in the carpeted bedrooms. The backyard has power lines running through it (+); I see several issues with the vinyl siding on the house (+), but it has a covered deck (-). They had tried to sell this house from July to October, which tells me that plenty of people were drawn in, but those defects were clear (and probably more) in person. They started their listing at $166/sf and ended up selling at $146/sf. While this house looks to be in better condition than the one I’m evaluating, this tells me that I’m probably looking at the $140s/sf for the one I’m looking at.

There’s a 3rd ‘comp’ that caught my attention right behind the house I’m evaluating. Zillow claimed it was sold for $334/sf. Interesting anomaly. Our Realtor was able to pull the MLS and see it actually sold at $150k, so about $115/sf. So moving on.

I found a brick ranch around the block, so I’m excited that it’s very similar to the house I’m looking at. It’s a 3/1 (=). It sold in September 2021 for $149/sf after having first been listed at $163/sf in July. I dive into the pictures. The floor isn’t destroyed (-)! There are mismatched, yet updated, appliances in the kitchen. It’s frustrating, but they probably have a better lifespan that what’s in the house I’m looking at (-). The bathroom has been updated recently, but it’s small, and there’s no picture of the shower side of the bathroom (concern, but still better than the house I’m viewing) (-). There are minimal pictures, but at least one of every room. After comp 2 went for $146/sf, and this is better condition at $149/sf, I’m now putting the house I’m evaluating below $145/sf.

There’s a brick 3/1 next to Comp 4 that sold for $162/sf. But there are no pictures and it was for-sale-by-owner, which tells me someone probably overpaid for a higher list price because they were desperate. I’m throwing this out and not using it as a true comp.

At this point, I’m just standing there trying to evaluate whether this is worth pursuing or not. I can do detailed looks at comps later on a computer with a pad and pen. I decide that $145/sf is my highest value of this house and it’s horrible condition. However, even with that, I don’t want to go that high because of all the work that needs to be done right away on the house. The comps told me that’s the value of other homes that needed some work, but looked livable from day 1. I decided to sit on it. Well, the next day, it went under contract at a reduced price of $146/sf. I won’t know the actual price of the contract until it closes, but for now, it looks like someone bit on the $146/sf.

Now this is really important if you’re evaluating for a purchase. Do not overpay for a house. Do not feel pressured into needing it now. We’ve put in several offers on houses, but we’re not going to get into a bidding war. We also put in an offer on one house, and the seller said “raise it $5k and state the offer isn’t contingent on an appraisal, and you have a deal.” No. Requesting the appraisal clause to not be checked says we were probably overpaying even at the offer we made. So thank you to this man for letting me know that it was time to walk away.

SUMMARY

You can typically rely on your Realtor to provide you comps through the MLS. If you have questions about their valuation, ask for the details. I have an instance where I didn’t agree with my Realtor on a list price of our last personal residence. In this particular instance, I had better knowledge of the housing market where our house was than he did, because he focused on sales within the nearby city limits, and we were in the suburbs. He ran comps based on basic metrics (number of bedrooms, square footage). I had the benefit of knowing details behind some of the sales he was using or how some houses weren’t a good fit to use as a comp to the house we were selling. I was able to sway the list price to even higher than he suggested, and we were under contract that weekend.

I know how it works. I’ve taken the time to research and understand the process just enough that I can protect my finances and interests in these transactions. I’m not sharing this as an example to fight your Realtor on their suggested list price, but as a way to show you need to be an informed consumer.