Inman Torres and Company

Inman Torres and Company

801.618.4813 Coldwell Banker
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Avoiding Contract Loopholes

Avoiding Contract Loopholes

Avoiding Contract Loopholes

The housing market today is frenetic, booming with robust demand, minimal days on the market, and dwindling supply due to shortages and homeowners reluctant to sell. Add to the mix emerging bidding wars fraught with complicated cash buy-outs, frustrated homebuyers, and cancelled closings… and you’ve got a sizzling barbecue of a real estate market.

 

As a buyer or seller, the legal documents you sign need to be done extremely carefully with the utmost attention to detail. It is pivotal to understand the contracts, disclosures and other forms you are signing. Realtors® are trained on pertinent legal and technical regulations to ensure your home transaction goes smoothly from start to finish.

If you’re thinking of buying or selling your home, here are 9 common contract “loopholes” or problem areas you need to be aware of and avoid.*

 

  1. Buyer not delivering and depositing the earnest money within the deadline required in the purchase contract.
  2. Buyer’s earnest money check bounces.
  3. Missing initials.
  4. Missing signatures.
  5. Missing performance deadlines and dates.
  6. The seller accepts the offer the day after the Acceptance Deadline and fails to address this issue in a subsequent addendum. The seller later uses this to argue there never was a valid contract.
  7. Improperly numbering multiple addenda in your purchase contract which creates confusion.
  8. Poorly written language in an addendum that creates an ambiguity.
  9. Buyer needs a settlement extension but doesn’t get it in writing. Seller later argues Buyer breached the contract.

 

While selling on your own might seem like an attractive way to cut corners, you need an experienced Realtor® to help guide you through one of the most pivotal transactions of your life, to help avoid those loopholes.  As realtors, we know the ins and outs of forms and disclosures required for the transaction of a home, and we can also help you stage your home as you prepare to sell and ensure sure you net the best possible price for it.

A recent study showed that homes sold by Realtors® sold for $60,000 to $90,000 more than homes sold by owners without an agent (FSBO). Realtors® can provide buyers and sellers specialized knowledge and valuable market intel of neighborhoods and current market conditions. As Realtors®, we can also assist you with commercial real estate such as offices, industrial, and land properties.

As Coldwell Banker agents, we are always undergoing training to become more knowledgeable. Even after being award-winning agents for over twenty years, we believe in constantly improving and bringing all we can to the table as your real estate agent. Having our useful skills and seasoned experience will help you avoid loopholes as you buy or sell your home.

 

The basic skillset of any Realtor® includes:

-Knowledge of local market value
-Marketing techniques
-Expertise in forms and legal documents
-Money-saving negotiating skills
-Lien and encumbrance protection
-A database of ready and willing buyers

To avoid contract loopholes in your real estate transaction, it’s important to hire a Realtor® who has experience with the local market and can understand and fulfill your needs. Make sure when hiring a Realtor® that you check their background and credentials to guarantee they’re the right fit for you.

 

We would be happy to answer any questions you might have about avoiding contract loopholes, buying or selling your home. Contact us today!

 

References:

  • Bullock, Curtis. “Curtis Bullock, Salt Lake Board of Realtors.” Facebook, Curtis Bullock, 3 May 2021, www.facebook.com/profile.php?id=100013640683572.

Filed Under: Blog, News Tagged With: #build a home in Utah, #contracts, #Inman Torres and Company, #loopholes, #real estate, #sellyourhome, #utah homes for sale, #utah housing market, #utahhomes, #utahrealestate

The West Davis and Highway 89 Projects continue to move forward at full steam ahead. Buckle up, everyone!

West Davis and Highway Projects – Looking Ahead

For those who are affected by the construction, please be aware that as of May 10th on the West Davis Project, there will be some demolitions taking place during office hours. They have started hauling approximately 4 million cubic yards of dirt to build the new West Davis highway.
The Highway 89 Project is planning for a new road on the west side of U.S. 89 to connect Cherry with Gordon, and for Valley View to do the same on the east side.
Read more below for the latest on what is happening with the West Davis and Highway Projects, and how it affects you. You can also visit the West Davis Project Website or the Highway 89 page to view an interactive map.

Flagging Operations
  • Gentile Street & Bluff Road: Starting Monday, May 3, flaggers will be stationed on Gentile Street just west of Bluff Road to help construction trucks hauling dirt exit and enter the road safely. Flagging will take place Monday-Friday from 7 a.m. to 5 p.m.
  • Syracuse Trail: Starting Monday, May 3, flaggers will also be stationed at the Syracuse Trail just east of the Still Water subdivision to help construction trucks hauling fill material cross the trail safely. Flagging will take place Monday-Friday from 7 a.m. to 5 p.m.
West Davis and Highway 89 Projects
Legacy Trail Closure & Detour
  • Starting Monday, May 3 at 7 a.m., the Legacy Parkway Trail between Glovers Lane and 1250 West will be closed to accommodate the hauling of dirt and building of dirt embankments against and through the existing trail. (This trail was originally scheduled to close Friday, April 30, however activities were slightly delayed due to rain earlier in the week).
  • This section of trail will be detoured to Glovers Lane and the Denver & Rio Grande Trail parallel to 800 West. This closure will remain in effect for the next year.
Hauling Dirt
  • Crews have started hauling dirt onto the project site. Hauling will take place Monday-Friday during daytime hours and continue through the summer. Residents should expect heavy and persistent construction truck traffic along various local city roads.
  • Current designated haul routes include Park Lane, Glovers Lane, 1525 West, 650 West, 200 North, Gentile Street, 2700 South, Antelope Drive, and S.R. 193.  Additional haul routes may be added.
  • Approximately 4 million cubic yards of dirt is anticipated to be hauled onto the project site. The project team will use this material to create the base of the highway, embankments, and berms. In Farmington, this material will be left for up to 550 days to allow the dirt to compact and settle enough to build on top of, while other project activities will continue, like bridge construction, I-15 reconstruction, and utility relocations.
  • Residents are advised to use extra caution when traveling around construction traffic.
Legacy Pile Driving.
  • Pile driving in the Legacy Highway median at approximately mile marker 10 is expected to continue intermittently for the next month. The left shoulder on both northbound and southbound Legacy Highway will be closed to accommodate this activity until pile driving has concluded.
  • What is Pile Driving? Pile driving is a method of constructing bridge foundations. To support the future West Davis ramps and bridges, steel and concrete beams (or “piles”) are driven into the soil until reaching a hard layer of earth beneath the ramp/bridge foundation.

Utility Exploration
  • Crews will continue drilling small holes to verify the location and condition of underground utilities like water and sewer pipes, power and gas lines, and TV/phone cables and performing video inspection of existing pipes at various locations throughout the project area. Work will take place during daytime hours Monday – Friday through the end of May.
  • Along Antelope Drive (1700 South) in Syracuse, existing storm drain and irrigation pipelines will be cleaned and inspected by video Monday-Friday from 9 p.m. to 6 a.m. This work will require shoulder closures along Antelope Drive. Please obey all traffic control signs and flagger signals while traveling through these areas.
  • Additional utility exploration and pipe inspection work will take place during daytime hours Monday – Friday in various areas along the project corridor.  These areas include:
    • Farmington – Glovers Lane, Shirley Rae, 800 West and 650 West
    • Kaysville – Angel Street and 200 North
    • Layton – Weaver Street and 3200 West
    • Syracuse – 1000 West and Gentile Street
  • Utility exploration and pipe inspection work will continue during nighttime hours along I-15 and Legacy Highway between Parrish Lane and the Glovers Lane overpass off the pavement in the shoulders.  No traffic impacts are anticipated.  This work should begin after the Antelope Drive utility exploration is complete.

Future Construction

  • As early as May 10, crews will begin demolishing UDOT-owned buildings along Antelope Drive. Work will take place Monday – Friday during daytime hours. Possible noise, vibrations, and dust can be expected.
  • UDOT will continue with design work, utility coordination, debris clearing, and property acquisition and preparation. The West Davis project team will also continue to coordinate closely with residents, businesses, city leadership, and other key stakeholders
The schedule is subject to change due to equipment, material, utility, and/or weather delays.
Please feel free to reach out to us with any questions about the West Davis and Highway 89 Projects, or buying or selling your home.

Filed Under: Blog, News Tagged With: #construction, #utah housing market, #utahconstruction, #utahhomes, #utahinfrastructure, highway 89

Real estate is hotter than lava this spring, and after recuperating from the whiplash that was 2020, everyone is casting an eye into the future of the housing market. Coldwell Banker reports that one in five homeowners (20%) plans to sell in the next 12 months and that the number of actual sales this year will surpass last year’s. Yes, you read that right. A robust housing market in 2021! But with a housing shortage, how can that be? Wouldn’t that conflict with the lack of homes for sale? We will tackle these questions and more as we delve further into the future of the housing market.

Selling a home can be stressful at the best of times, especially for people venturing into real estate for the first time.  By staying up to date on the latest market details, researching, and consulting your real estate agent, you stand a much higher chance of succeeding in your home buying/selling endeavors than going at it alone.

Consumers are currently outbid at furious paces in bidding wars, the winner sometimes forking outwards of $70,000 over the listing price! Homebuyers are frustrated, agents are exhausted, and we’re facing a historic, unprecedented era in the history of housing, the likes of which we’ve never seen.

Yet, we’re seeing 9.1% higher sales than a year ago, and the National Association of Realtors (NAR) predicts that 2021 will see an estimated 6.5 million home sales, up from 5.64 sales in 2020.

To understand how this might happen given the current housing shortage – and looking forward with no end in sight to either the pandemic or real estate mayhem, consider the delicate balance of inventory and demand and the tightrope the real estate market is carefully negotiating.

The statistics could meet NAR’s momentous prediction one of two ways:

  • The number of homes for sale could suddenly increase, doubling supply.
  • As the pandemic gets under control, fewer home buyers will seek out new homes.

In the first scenario, homeowners now are wary of putting their homes up for sale, concerned about having somewhere to go in such a tight market with little inventory. In the second scenario, those desperate to leave more highly infected areas searching for more comfortable living and working space may decide to stay where they are as the pandemic gets under control, and more people get vaccinated. Likely, a marriage of the two will calm the waves of the housing market once the pandemic begins to fade. Currently, demand is outpacing supply.

One often-overlooked solution to the lack of inventory is to build. 2021 is home builders’ time to shine. Luxury builders like Visionary Homes, Fieldstone Homes, and Ivory Homes build single-family houses and townhome communities at warp speed, even amid ever-rising prices and shortage of lumber. New building communities with new homes are popping up all over Davis County.

While new builder homes are a perfect solution for some, homeowners who would otherwise sell are still reluctant to put their homes into the housing market. The pandemic still looms, the real estate market lacks inventory, and homeowners want to see if their homes will appreciate any higher. The rise in home prices has significantly catapulted the worth of homes, resulting in wealth accumulation for current homeowners.

As the year progresses and more vaccines get distributed into people’s arms, we should see a shifting dynamic in more supply and less demand.

The pandemic lured buyers to purchase homes with more space and less cost, often causing some to move out of state and resettle in locations they otherwise would not have considered (e.g., the exodus from New Yorkers to the suburbs). As more people turn an eye toward using their stimulus payments in the economy and away from the housing market, that dynamic may be shifting.

The rising prices of homes may linger for the foreseeable future. Still, the high cap may also dissuade potential homebuyers due to the lack of affordability and fear of entering bidding wars until the lava cools.

NAR’s projections foresee a .5 percent increase in 30-year fixed interest rates over the next two years, resulting in higher monthly mortgage payments for consumers. While the housing market shortage won’t be solved instantaneously and may even last for a few years, it won’t skyrocket forever. So, where is the breaking point?

The good news here lies in the statistics and forecast from the NAR. NAR showed that Utah is one of the top states to have shown resilience and has predicted Utah will perform well in a post-pandemic environment. Homebuilding will continue, and new listings, constructions, and sellers will gradually emerge from the woodwork to restore balance. But until that happens, buckle in. It’s going to be a bumpy, frustrating year.

Coldwell Banker has been a trusted advisor for more than 114 years, helping buyers and sellers make the right decisions in times of prosperity and times of crises. Throughout our history, we have withstood numerous adversities and were born in emergencies following the 1906 San Francisco earthquake. Our goal has always been to bring honesty, integrity, and service to those in need.

As the news headlines raise questions and uncertainty over the housing market’s future, we at Inman Torres and Company are happy to provide you with real-time information and answer all of your real estate questions. You don’t have to go up to bat alone. We can supply you with vital market reports so you can be well-informed, including data on homes for sale in your area, homes sold, and your home’s current value.

Let us be your trusted advisor – we’re ready to share our expertise and answer all of your real estate questions. Please contact us today for a virtual presentation and discussion.

Filed Under: Blog, News Tagged With: #Inman Torres and Company, #utah housing market, #utah realtors, #utahrealestate, #utahrealestateagent

Office

Monday 9:00 AM - 7:00 PM
Tuesday 9:00 AM - 7:00 PM
Wednesday 9:00 AM - 7:00 PM
Thursday 9:00 AM - 7:00 PM
Friday 9:00 AM - 7:00 PM
Saturday 9:00 AM - 12:00 PM
Sunday Closed

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172 N E Promontory Suite 280
Farmington, UT 84025
Phone: 801.618.4813

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