contracts

It’s important to understand when buying new construction,  that the builder’s agent is primarily focused on securing the best deal for the builder, often at the expense of the homebuyer. Their role is to persuade you to purchase their homes at the highest price with minimal concessions. In contrast, as your Exclusive Buyer Agent, Optima Properties is dedicated to leveling the playing field.

Our mission is to advocate for your best interests, ensuring that you receive the best possible terms for your home purchase. We are here to negotiate on your behalf, providing you with the knowledge and strategies necessary to navigate this complex process with confidence. While the builder’s agent is legally bound to represent the builder, we prioritize your needs and work tirelessly to make your home buying experience smooth and enjoyable.

Benefits of Using an Exclusive Buyer Agent for New Construction:

1.  Compare and evaluate builders’ reputations and history of their construction quality and service
2. Help you compare and evaluate advantages and disadvantages of new construction homes vs. resale homes
3. Provide information about the community and compare and contrast with other new construction communities
4. Help buyer evaluate which options should be done by the developer during construction and which are more affordable to be done by an outside vendor post-closing.
5. Assist with design and structural selections that will optimize future resale value and livability.
6. Assist buyer evaluate the selection of a building lot and options. Lot location and certain options have a direct correlation to resale value.
7. Truly negotiate on behalf of the buyer. Many builders are offering “free” options and upgrades, but some are also making additional price concessions.
8. Review the Agreement of Sale (PA) prior to buyer signing. This is not a legal review (only an attorney can do that), but an experienced agent will be able to spot terms and conditions that are atypical and of potential concern to the buyer. The agent may then be able to negotiate terms and conditions that are more favorable to the buyer but still acceptable to the builder. Keep in mind most new construction contracts are written by attorneys that represent the developer and these contracts are therefore heavily weighted in favor of the builder.
9. Recommend a real estate attorney for final contract, title commitment and to hold your escrow funds.
10. A buyer’s agent serves as an extra set of ears as a witness at court or arbitration – When the builders sales representative is familiar with all rules, features and prices and it’s all new to buyer – it is good to have experienced person on buyer’s side listening with buyer and taking notes, a lot of information is verbalized in short period of time.
11. Attend the signing of the Agreement of Sale
12. Assist with the buyer’s financing and review financing paperwork. This is especially important if the builder is tying “free” options and upgrades to the use of a builder-affiliated lender.
13. Check on the property during construction and keep a photo record at different stages.
14. Be your leverage with the builder as problems arise during construction
15. Keep everything in writing – Sometimes even the very nicest builder makes verbal promises that later become a point of contention. An experienced buyer’s agent is conditioned and trained to “put it in writing” even though at the time it doesn’t seem necessary.
16. Arrange for a final inspection with a license building inspector and generate a “punch list” to be completed before final closing.
17. Document and help resolve any issues with construction, financing, title, etc. throughout the process.
18. Attend a pre-settlement walkthrough with the buyer to make sure that all items are satisfactorily completed or that a proper punch list is established to assure completion after settlement
19. Obtain and review a preliminary HUD-1 settlement statement to be sure it is accurate and advise the buyer of the amount needed for settlement.
20. Assist buyer with utilities, insurance, security and HOA requirements, decorators, service professionals, schools, et. al.
21. Attend final walk-through and settlement with the buyer.
22. A buyer’s agent will be there even after the home closes. It is routine for issues to arise during the first year of a new home. Site agents tend to forget a buyer’s name after the contract is signed.

But it’s important to remember the process of working with a builder is different than buying from a homeowner. And, while builders typically have sales agents on-site, having your own agent helps make sure you have proper representation throughout your home buying journey.

Filed under: Blog, Boca Raton real estate, contracts, COVID-19, Down Sizing, EBA, Energy efficient homes, Exclusive Buyer Agency, First Time Homebuyers, Florida Buyer Agent, Florida Exclusive Buyer Agent, Florida Real Estate, HELOC deductions, Home Buyer Advice, Home Buyers, home Inspections, Homebuyer Advice, Interior Design, Mortgage Interest Deductions, new home construction, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, Real estate trends, Refinancing, Relocation, second home, South Florida Real Estate, Tax deductions by Kim Bregman
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Now that the clocks have SPRUNG AHEAD, it is an opportune moment to prioritize Spring Home Maintenance, a key aspect of maintaining your property and protecting your investment. As current homeowners, the condition of your home systems and property significantly impacts your overall living experience. Proactive home maintenance not only prevents minor issues from escalating into costly repairs but also reflects a commitment to pride in ownership.

A home and its contents represent substantial investments—whether in terms of financial resources or emotional attachment, ideally both. By dedicating time to thorough and proper cleaning, you can enhance the longevity of your belongings and finishes while fostering a cleaner, healthier living environment, free from dust, allergens, and unpleasant odors.

We recommend commencing your cleaning efforts from the top of each room and working your way down, as this method utilizes gravity to your advantage and ensures that no surface is overlooked, thus saving time and effort.

Tests and Replacements:

•  Test smoke alarms and replace batteries
•  Test carbon monoxide alarm
•  Check flashlight batteries
•  Check fire extinguishers
•  Change air filters
•  Check all window screens for tears and repair or replace as required

Overall Spring Cleaning Chores:

• Dust crown molding and baseboards and clean scuff marks
• Dust ceiling corners
• Dust/wash light fixtures and lamps
• Dust ceiling fans
• Wipe down doors and walls (Swiffer works great for removing all the dust)
• Touch up paint
• Vacuum or wash/dry clean window curtains and bedding
• Wash or dust window blinds
• Wash windows and screens inside and out
• Dust books and bookcases
• Polish wood furniture
• Wipe down and vacuum furniture (clean the base and under cushions)
• Condition leather furniture
• Remove stains from upholstered furniture
• Vacuum and wash lampshades
• Deep clean hardwood, tile, linoleum, and carpet flooring
• Shampoo carpet (DIY or schedule a professional)
• Remove area rugs to shake out, then vacuum, then clean under them
• Remove fingerprints and dirt from light switches and door handles
• Clean air vents
• Dust around and BEHIND mirrors, picture frames, and wall hangings
• Schedule termite or pest control maintenance

Spring Clean Outside:

• Sweep, power wash, and/or stain deck and patios
• Touch up paint trim, wood, doors, and shutters
• Oil hurricane shutters
• Power wash garage door and eaves of house
• Clean outside door frames
• Wipe away cobwebs
• Shake out entry mat
• Clean grill
• Clean and repair gutters
• Replace broken bricks, wood, or stone
• Clean outdoor light fixtures
• Clean outside patio furniture
• Trim trees, bushes and shrubbery
• Check and repair sprinklers
• Inspect roof
• Clean outdoor and indoor trash cans
• Clean out garage and sweep

Overall Home Maintenance Check-up:

• Inspect under sinks and behind appliances for signs of moisture buildup.
• Check ceilings and walls for discoloration possibly indicating hidden leaks.
• Check the water heater for rust or signs of corrosion, and flush it annually to prevent sediment buildup.
• Look for flickering lights or frequently tripped breakers, which could signal an overloaded circuit.
• Check for frayed wires or damaged outlets, especially in older homes.
• Never ignore a burning smell near outlets, which could indicate an electrical issue requiring immediate attention.
• Run faucets and flush unused toilets regularly to prevent clogs and dry U-joints
• Check for slow drains and clear minor clogs before they worsen.
• Inspect washing machine hoses for cracks; replacing them every 3-5 years can prevent major leaks.
• Clear out leaves, twigs, and debris from gutters to ensure proper drainage.
• Make sure downspouts direct water away from the foundation.
• Repair or reattach loose gutters before storm season.
• Seal cracks in driveways and sidewalks to prevent water damage and erosion.
• Ensure proper drainage to avoid standing water near your home.
• Look for cracks or gaps in siding and caulk them to prevent moisture intrusion.
• Check windows and doors for damaged seals, which could potentially let water in during heavy rains.
• Touch up peeling or cracked paint, which can expose surfaces to weather damage.

These essential home maintenance tips for Florida homeowners will help prevent costly damage and keep everything running smoothly so you can sit back and enjoy life in the Sunshine State.

Filed under: Blog, contracts, COVID-19, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, home Inspections, Home Maintenance, Homebuyer Advice, real estate news, second home, South Florida Real Estate, Spring Cleaning by Kim Bregman
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Tariffs, particularly on building materials like lumber, steel, and appliances, are expected to increase construction costs and potentially lead to higher home prices, impacting both new home construction and renovations.

Redfin reported that instability caused by the new tariffs will almost certainly cause volatility in mortgage rates and make the path of rate cuts from the Federal Reserve (previously forecasted as two or three 25-basis point reductions) more uncertain. Short-term economic damage is also expected to push up unemployment and inflation.

Chen Zhao, who leads the Redfin economic team, said that the odds of a recession in the next 12 months rose from 15% at the start of 2025 to 40% after the latest tariffs.

Tariffs are causing:

·      Increased Construction Costs:

Tariffs on imported building materials, such as lumber, steel, and appliances, are expected to drive up the cost of these materials, leading to higher construction costs.

·      Higher Home Prices:

The increased construction costs are likely to be passed on to consumers in the form of higher home prices, making it more difficult for potential buyers to afford homes.

·      Impact on Homebuilders:

Homebuilders are facing the challenge of rising material costs, which could lead to reduced profit margins or even delays in construction projects.

·      Supply Chain Disruptions:

Tariffs could disrupt the supply chains for building materials, potentially leading to shortages and further price increases.

Affordability Concerns:

The combination of rising home prices and mortgage rates could exacerbate affordability concerns for potential homebuyers, especially those in the middle-class.

·      Renovation Costs:

Tariffs could also impact the cost of home renovations, as imported materials and fixtures become more expensive.

• The National Association of Home Builders estimates that the cost of building materials has already risen by 34% since December 2020, far higher than the rate of inflation.
• Builders estimate a typical cost effect from recent tariff actions at $9,200 per home.
• Some experts predict that household fixtures, such as appliances, lighting, and cabinetry, could increase 10-20%.

That larger economic picture might be the biggest indirect threat to housing, as consumers pull back from big decisions like buying or selling homes. Overall, annual home sales have failed to recapture a significant post-pandemic reduction, which was characterized by some economists as a “housing recession.”

But economists have also largely attributed the relative resilience of the housing markets over the last couple years to a strong labor market. A recession with a significant uptick in unemployment would certainly have a major impact on housing.

Filed under: Blog, contracts, COVID-19, EBA, Exclusive Buyer Agency, First Time Homebuyers, Florida Buyer Agent, Florida Exclusive Buyer Agent, Florida Real Estate, HELOC deductions, Home Buyer Advice, Home Buyers, home Inspections, Homebuyer Advice, Mortgage Interest Deductions, new home construction, Real Estate, real estate news, Real estate trends, South Florida Real Estate, Tarrifs by Kim Bregman
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Approximately 50% of Floridians live in communities governed by homeowners associations (HOAs), sometimes referred to a property owners associations (POAs).  These associations, which govern various aspects of community living, such as property maintenance and shared amenities, can provide numerous benefits but may impose certain restrictions on homeowners.

To make informed decisions while purchasing a home governed by a homeowners association (HOA), prospective buyers must be aware of the rules set forth by the HOA and how those rules interact with local ordinances and state laws.

One advantage of purchasing a property under an HOA is the access to various amenities. Many communities boast shared facilities such as swimming pools, clubhouses, fitness centers, tennis and pickleball, or spas, which may be included in the dues residents pay. Additionally, HOAs often are responsible for maintaining common areas to include, but not limited to, security gates, roads, lighting, sidewalks, landscaping, and exterior building maintenance, ultimately enhancing the overall neighborhood utility and aesthetics. A HOA may also have dispute resolution procedure in place to assist with conflicts between neighbors, management and more.

Living within an HOA-governed community might have certain restrictions related to architectural modifications or pet ownership. Additionally, fees required for upkeep and management could impact affordability depending on individual financial circumstances. Therefore, buyers should consider their desires for autonomy versus communal support while evaluating properties in association-controlled neighborhoods.

After considering the advantages and disadvantages of purchasing a home within an HOA community.  Should you decide that an HOA community is appealing to you, it is essential to go deeper into the specifics of the prospective association.  Thorough examination of the governing documents like covenants, conditions, and restrictions (CC&Rs), bylaws, rules and regulations, financial statements, reserve studies, insurance policies, and any other pertinent documentation will further evaluate if the specific community is where you want to make an investment in a home.

These documents will provide important information on architectural control guidelines, assessment obligations (including special assessments), dispute resolution procedures, rental restrictions, pet policies, parking rules, and maintenance requirements and more.

Here are some of the documents you need to request and review when reviewing an HOA in advance of purchase commitment.

Financials

Annual due and fees, special assessments, fines and fees and other budgeted expenses and necessary information a buyer needs when evaluation their total financial obligation when purchasing a home.  At a minimum a budget, balance sheet and audited financials should be reviewed in advance of finalizing a purchase decision.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

This is a legally binding document that is officially recorded for all registered homeowners associations (HOAs)and filed with the State. The CC&R covers the rights and obligations of the HOA to its members and vice-versa.  The goal of the CC&Rs is to protect, preserve, and enhance property values in the community.

Bylaws

The community’s bylaws establish the structure of day-to-day governance of your homeowners association and duties of the Board. This includes things like:

• Frequency of HOA board elections
• Process for nominating and electing new board members
• Number of members that serve at one time
• Length of board member service terms
• Meeting frequency and quorum requirements
• Duties and responsibilities of board members

Rules and Regulations

When you purchase a home in a community governed by an HOA you are agreeing to abide by all rules and regulations specified in the governing documents. Your community’s Rules & Regulations are a catch-all for the things that aren’t covered in the CC&Rs or Bylaws. These are often the rules that might need revising over time due to changes in the community.

Every document can be changed and is done so with Amendments.  Make sure you request all these, as well, for review.

Equipped with this knowledge about what financial membership entails within an HOA community in Florida will enable buyers to make informed decisions regarding if the property is suited to your needs and desires.

Filed under: 2022 Real Estate, 2024 real estate, Blog, Boca Raton real estate, CEBA, contracts, Down Sizing, EBA, Exclusive Buyer Agency, First Time Homebuyers, Florida Buyer Agent, Florida Exclusive Buyer Agent, Florida Real Estate, HOA, Home Buyer Advice, Home Buyers, Homebuyer Advice, homeowners association, POA, Property Owners Association, Real Estate, Real Estate Investment, real estate news, Relocation, Retirement, second home, South Florida Real Estate, Uncategorized by Kim Bregman
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The Department of Justice, in its regulatory capacity, has recently intervened to reshape commission structures, a move that will trigger a multitude of changes, especially for home buyers.

The National Association of Realtors ( NAR) settlement has not yet been accepted. It is proposed to go into effect at the end of June to mid-July.

The results of the NAR Settlement means that:

1.    NAR owned multiple listing services ( MLS) are prohibited from sharing offers of compensation to Buyers.

2.   MLS members are required to enter into written agreements with the buyers disclosing how they will be paid and by whom before showing a property.

What are Multiple Listing Services (MLS)? They are database platforms that agents and brokers pay to subscribe to. The agents and brokers use it to share information about properties for sale. Subscribers agree to rules about cooperating with and compensating all brokers who subscribe to it. If you are seeing listings on other sites (like Zillow), chances are, those sites are getting a feed from their local MLS.

Since the beginning of buyer agency, the buyer broker’s commission has been built into the sale price of the property. The buyer paid for the house and the seller paid outstanding bills, then collected their profit. Responsible seller’s brokers used a form called a “net sheet” to show sellers what their final profit was. Broker fees were deducted from the sale price along with taxes, water bills, or other costs of the sale.

The MLS system built commissions into the price. The seller, through their broker, published their offered commission to buyer’s broker on the MLS.

If the settlement is accepted and all offers of compensation are removed from the MLS system, we need ways that buyers can continue to pay our fees without undo burden.

1.   Include the Buyer Broker Fee in the Offer and request that it be included in the Sales price. This creates a way that the buyer broker commission is paid for in a mortgage, as part of the house purchase. Functionally, this is exactly the same as it has been. The buyer pays for the house, and the buyer’s broker fee is subtracted from the seller’s profit at closing.

2.   Lenders are seeking ways to create financing options for buyers, so that they can finance the buyer broker commission, if it is not included in the sale price.

3.   Buyers to pay the Buyer Broker fee outside of Closing or as a disbursement at Closing, though not reflected in the sales price. This is de minimis for cash Buyer but requires that a Buyer getting a loan have more cash to close.

Home Buyers will no longer have representation costs built into the real estate transaction when a property is listed through the MLS system and represents a property for sale by a licensed real estate agent, but Sellers will.

Buyers or their agents will have to approach Seller and ask permission to include the cost of representation within the transaction. Sellers have all the power to withhold their permission for the Buyer to do so. Seller’s representation costs, however, will continue to be included in the transaction, using the Buyer’s funds to pay for them.

Every Buyer will be obligated to sign an Exclusive Buyer Agreement in advance of being shown homes that specifies payment terms when seeing a home that is listed by a real estate agent, EVEN IF THE REAL ESTATE AGENT SHOWING THE HOME IS THE LISTING AGENT. THIS IS DUAL AGENCY!

Payment can be made directly by the buyer outside of the transaction, included in an offer to the seller requesting a credit to cover the expense, or through a commission offered by the listing agent. However, commissions won’t be advertised as part of the transaction on the Multiple Listing. Fee arrangements with the client may include an hourly fee, a lump sum fee, or a percentage-based commission.

This is a particular disservice to homebuyers requiring a loan. Buyers will have to pay their own agent out of pocket, on top of a down payment and other closing costs. Finding thousands of dollars to pay an agent could be a challenge, especially for first-time buyers, who typically have limited funds and also the greatest need for an agent’s guidance. VA Loans currently prohit paying a Buyers Agent directly by the Buyer.

The trickle effect resulting from this barrier to entry for first time homebuyers or move up home buyers will likely affect the economy negatively in the near term. Home buying and construction drives jobs, manufacturing, retail and more.

Removing the buyer’s representation cost from the transaction but leaving the seller’s representation cost in is extremely one sided and unfair.

Florida has more real estate agents than any state in the US and over 99.9% of agents in Florida are transactional agents who don’t represent the buyer or seller in a fiduciary capacity. According to Florida statutes, unless an agent establishes a single agent or no brokerage relationship with a customer in writing, they are by default considered transaction brokers.

The Florida Legislature some time back rewrote a law to say that if you’re a fiduciary agent, you have to disclose that, but if you’re transactional broker, you don’t have to. Why is transactional brokerage so attractive to the agents? It is because you don’t have the legal liability, you don’t have the responsibility that a fiduciary agent has.”

Optima Properties is a member of the National Association of Exclusive Buyer Agents

(NAEBA.org) and never represent Sellers. Optima Properties does not list or sell houses and never practice Dual agency. Optima Properties will never ask homebuyers (clients) to sign a “consent form” asking them to switch to another “Designated Buyers Agent or Dual Agent” within the team or same real estate brokerage in the middle of a real estate transaction because the buyer is interested in making an offer on one of their company’s real estate listings.

Click Here for a list of

“100 Services Provided to Home Buyers”

by Optima Properties

Filed under: 2022 Real Estate, 2024 real estate, Blog, Boca Raton real estate, Buyer Compemsation, closing costs, contracts, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, Homebuyer Advice, House Closings, Mortgage Information, NAR, NAR Legislation, new home construction, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, Real estate trends, Seller Financing, South Florida Real Estate, yer by Kim Bregman
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While a government shutdown won’t stop people from buying and selling homes, the ripple effects across the economy could be disruptive, especially if it drags on.

Some expect to see delays around mortgage loans, particularly if the shutdown isn’t resolved quickly. Zillow estimates around 2,500 originated loans would be delayed per working day. Homebuyers applying for a government-backed mortgage from the Federal Housing Administration would face processing delays.

A government shutdown could also delay mortgage loan approval for other reasons. In areas where flood insurance is required, for example, buyers could be stalled if the National Flood Insurance Program were to pause operations.

• Delayed Loan Processing- Some federal agencies, such as the Federal Housing Administration (FHA), may operate with reduced staffing or close entirely. This can lead to delays in loan approvals and processing, affecting both homebuyers and sellers. It’s essential to inform your clients about the possibility of extended timelines.
• Verification and Documentation- Many mortgage applications require verification of income, tax returns, and other documentation from government agencies. If these agencies are affected by a shutdown, obtaining necessary documents may become more challenging, further slowing down the mortgage approval process.
• National Flood Insurance Program (NFIP)– The NFIP is vital for many homeowners in flood-prone areas, as lenders often require flood insurance for mortgage approval. A government shutdown could impact the availability of NFIP policies and affect property transactions in flood-prone regions.
• IRS and Tax Transcripts–The Internal Revenue Service (IRS) provides tax transcripts required for mortgage applications. The IRS would remain funded through the Inflation Reduction Act, but obtaining these transcripts may become difficult, potentially leading to delays in loan processing and closing.
• Appraisals and Inspections- Government shutdowns may disrupt the scheduling of appraisals and inspections, as federal agencies oversee certain aspects of these processes. Delays in these areas can lead to extended closing times and may affect contract deadlines.
• Market Uncertainty- A prolonged government shutdown can create uncertainty in the real estate market, causing some buyers and sellers to delay their transactions until stability is restored. This could result in slower market activity and potential fluctuations in home prices.
• Economic Confidence- Government shutdowns can erode consumer and investor confidence in the economy. If potential buyers and investors become hesitant due to political uncertainty, it may impact the overall demand and stability of the real estate market.

Filed under: appraisal, Blog, contracts, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Flood Insurance, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, home Inspections, Homebuyer Advice, House Closings, Mortgage Information, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, South Florida Real Estate by Kim Bregman
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Because the builder’s agent’s job is to convince you to buy only their homes at the highest price. Your Exclusive Buyer Agent’s job is to even the odds and negotiate for the lowest price and best terms for YOU!

If you’re building what you buy, you might think, “Why would I need an agent?” However, new construction is a complicated and expensive process. The advantages are many; aside from the obvious ones. The fact that having buyer agent representation is often FREE cannot be repeated often enough. So too, should the misconception that not using a buyer’s agent will save money be constantly repeated – that simply doesn’t happen.

A seasoned agent with experience in new home construction can give you invaluable insight during the process. Whether they’ve done business with those particular builders, or are aware of other comparable communities in the area, they can provide a wider context to your transaction. They might have an existing relationship with your builder, easing any tensions that might arise.

Remember that that site agent represents the builder/developer. Most real estate agents are sub-agents of the Seller or Transactional agent. In neither case do they have a fiduciary responsibility to the Buyer.

The site agent is an employee of the builder and is obligated  to represent the best interests of the builder, not the homebuyer. They are expected to work to secure the builder the best deal.

The further you get into the home shopping process, the more challenging it becomes to bring in an agent. In fact, if you’ve already registered with a community, it might be too late.

Benefits of Using an Exclusive Buyer Agent for New Home Construction:

• Compare and evaluate builders’ reputations and history of their construction quality and service.
• Help you compare and evaluate advantages and disadvantages of new construction homes vs. resale homes.
• Provide information about the community.
• Help buyer with evaluation and selection of a building lot and options. Lot location and certain options have a very real bearing on resale value.
• Help buyer evaluate which options should be done by the developer during construction and which are more affordable to be done by an outside vendor post closing.
• Truly negotiate on behalf of the buyer. Many builders are offering “free” options and upgrades, but some are also making additional price concessions.
• Review the Agreement of Sale (PA) prior to buyer signing. This is not a legal review (only an attorney can do that), but an experienced agent will be able to spot terms and conditions that are atypical and of potential concern to the buyer. The agent may then be able to negotiate terms and conditions that are more favorable to the buyer but still acceptable to the builder. Keep in mind most new construction contracts are written by attorneys that represent the builder and these contracts are therefore heavily weighted in favor of the builder.
• Recommend a real estate attorney for final contract, title commitment and to hold your escrow funds.
• A buyer’s agent serves as an extra set of ears as a witness at court or arbitration– When the builders sales representative is familiar with all rules, features and prices and it’s all new to buyer – it is good to have experienced person on buyer’s side listening with buyer and taking notes, a lot of information is verbalized in short period of time.
• Attend the signing of the Agreement of Sale
• Assist with the buyer’s financing and review financing paperwork. This is especially important if the builder is tying “free” options and upgrades to the use of a builder-affiliated lender.
• Check on the property during construction and keep a photo record at different stages.
• Assist in options selections to optimize budget and maximize resale.
• Be your leverage with the builder as problems arise during construction.
• Keep everything in writing– Sometimes even the very nicest builder makes verbal promises that later become a point of contention. An experienced buyer’s agent is conditioned and trained to “put it in writing” even though at the time it doesn’t seem necessary.
• Arrange for a final inspection with a license building inspector and generate a “punch list” to be completed before final closing.
• Document and help resolve any issues with construction, financing, title, etc. throughout the process.
• Attend a pre-settlement walkthrough with the buyer to make sure that all items are satisfactorily completed or that a proper punch list is established to assure completion after settlement.
• Obtain and review a preliminary HUD-1 settlement statement to be sure it is accurate and advise the buyer of the amount needed for settlement.
• Assist buyer with utilities, security and HOA requirements, decorators, service professionals, schools, et. al.
• Attend settlement with the buyer.
• A buyer’s agent will be there even after the home closes. It is routine for issues to arise during the first year of a new home. Site agents tend to forget a buyer’s name after the contract is signed.
• NO ADDITIONAL COST TO YOU!

Read My Reviews from New Home Construction Clients!

Filed under: Blog, Boca Raton real estate, closing costs, contracts, Down Sizing, Exclusive Buyer Agency, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, home Inspections, Home Maintenance, Homebuyer Advice, International Home Buyers, Jupiter FL Gated Communities, Mortgage Information, new home construction, Real Estate, Real Estate Investment, Relocation, Retirement, second home, South Florida Real Estate, vacation home by Kim Bregman
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Filed under: Blog, Boca Raton real estate, contracts, Exclusive Buyer Agency, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, home Inspections, Homebuyer Advice, House Closings, Real Estate, Real Estate Closings, real estate news, Real estate trends, South Florida Real Estate by Kim Bregman
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More sellers want to stay in their home after closing, sometimes for weeks or months. In many cases, they want to do it for a fraction of the fair market rent or even for free. Agreeing to their request gives some buyers an edge over the competition in a bidding war, but it comes with risks.

The Post-Closing Occupancy Agreement allows the Seller to remain in the property for a designated period after the Buyer takes ownership of the property. As easy as a post- occupancy agreement sounds, there are serious implications arising out of a Seller requesting to remain in occupancy of residential property after the Seller conveys title to the Buyer.

When the seller continues to live in the home after closing, all the risks lie with the buyer. What could go wrong?  Plenty…. How long will the seller stay? How much will they pay, or will they pay at all? Who is responsible for utilities, HOA fees, property taxes, insurance, pool and yard maintenance, et. al.?  If they want to extend the lease, is that possible?  What if they decide not to move out?  What if the property is damaged after the closing?  What if they do not pay the bills?

Despite all these potential and very serious problems, there are some things you can do as a buyer to protect yourself if you decide to agree to this arrangement. Of paramount importance is to retain an attorney to review the Purchase Contract before signing and to prepare the lease or post-occupancy terms prior to Closing. Considerations that need to be negotiated with the Seller include but are not limited to….

1. Enter a formal lease?
2. Security deposit?
3. Escrow proceeds from the sale to cover damages, unpaid bills, et. al.?
4. Seller secure renters’ insurance.
5. Capture the entire rent payment from Sellers proceeds at closing and hold in escrow?
6. Require a walk-through of the property in advance of returning the Seller’s proceeds held in escrow?
7. Hold back fund in escrow if they fail to vacate the property on the agreed to date?
8. Can the lease be extended or terminated early?
9. Who will be occupying the property?

Transactional agents will be very casual about post-occupancy agreements and assume that everything will go as planned.  Buyers need to assume that things will go wrong and make sure that they are protected once they close on the property.  Always us an Exclusive Buyer Agent to ensure that you are represented by a fiduciary.

Filed under: Blog, Boca Raton real estate, contracts, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Homebuyer Advice, House Closings, post closing occupancy, Real Estate, Real Estate Closings, South Florida Real Estate by Kim Bregman
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• Private money lenders
• Seller financing
• Peer-to-peer lending
• Hard Money Loans
• Personal Loans

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