Friday, January 10, 2014

5 Keys to Closing on a House or Property in Southern Utah


Sorry for the delay in this next post. Life got away from me for a bit. Holidays happen and life gets hectic for a time. I am sure you all can relate.

To continue with our home buying saga...


Once you have an accepted offer, boy oh boy, the time clock starts ticking. So much to do before you can close! There may be an inspections period that ends prior to your loan denial deadline or possibly just after.

Key 1: Look at section 24 of the Real Estate Purchase Contract (for Utah).

Every situation is different. Look at section 24 of the Real Estate Purchase Contract. This will name the important dates you need to keep in mind for your contract period.  Write them down and then read section 8, 10 and 11 again very carefully. (Notice I said 'again', many people skim through the contract before signing it. You should read the contract over very carefully prior to signing it. Always ask your Realtor questions about the meaning of any section in the contract).

These sections carefully explain your inspections, appraisal and loan process, as well as accepting the current condition of the property once you close. Once you close, it can be very difficult to prove any wrongdoing by the seller, so try to make sure you are willing to take the property after you close, problems and all.

Key 2: Use the "Buyer Due Diligence Checklist" as your inspections checklist. 



You may have signed a form called: “Buyer Due Diligence Checklist”. This form is fairly inclusive of all the inspections you may perform on your intended purchase. I recommend reading this form over very carefully and using it as your checklist to ensure you have checked over each item during your inspections period.
Key 3: Always verify opinions you hear with a licensed professional.
The first section to read is the box that outlines the idea that your Realtor is most likely not an expert in any other profession outside of helping you to fill out the Real Estate Purchase Contract and the addendums. Unless they are a licensed CPA, attorney, builder etc., you should always verify any opinions you may hear with a licensed professional who is also working for your interests.

Key 4: Contact the 'planning department' in your area and ask questions about your property. Ask if there is anything you need to be aware like regulations or zoning laws.

The first item listed on your checklist is building code/zoning compliance. Your property is most likely under the jurisdiction of either the county, town or city municipality in Utah. You should understand the difference in the areas.

Each municipality I worked in had their own set of zoning laws and building requirements. Each area also needed to be in compliance with state laws as well. We have installed a link to each municipal website in our communities section for Zion Canyon area. I highly recommend you contact the planning department in your area and ask questions about your property. Have the town planner look at the prospective parcel and ask if there is anything you should be aware of that could negatively or positively impact your parcel. Have the planner explain any regulations that you might not understand.

I have been involved with a number of purchases where the potential buyer could easily lose or have lost their money by buying a property that has zoning issues that are not being relayed to them by the seller or the seller’s agent. These issues, more likely than not, are not understood by either party and/or how they affect the parcels value.



For instance, one area in Rockville has several small lots that come up for sale and, oftentimes, they cannot be built on. A land owner some time ago subdivided a larger parcel into several smaller lots and either sold them, gave them away or traded them for debt’s he incurred (hard to say as the grapevine is not always reliable). He did not go through the proper subdivision process with the county (the land was county land before it was annexed into Rockville). So the county did not approve the subdivision but the recorders office recorded the lot splits and gave individual tax ID’s to each new lot.

To a prospective buyer that does not understand the rules, it appears these lots could be built on. They may overpay for a parcel of ground that can only be camped on part of the year. This story illustrates how important it is for the seller to know what they are selling and the buyer to know what they are buying.

Key 5: Do the homework in order to understand the zoning processes in your area.

I have also found that it is very “enlightening” for the buyer to do this homework themselves. That way they will know the appropriate personnel to talk to and they can really understand the zoning processes in their area. The better informed they are the more they can fully appreciate the parcel they own.
I have realized it is better for me NOT to do this work for the buyer as they often don’t remember the concepts I try to relay. I think they understand the issues I am trying to relay, but they don’t. If the buyer does the work themselves it seems to stick better and they understand the process better. 


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