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It’s Wednesday. Newspaper day.
Thank heaven there’s a reason to
get out of bed.
I hope you remember a
couple of weeks ago that you
signed a contract to buy Fred
Wilma Flintstone’s house for 4.5
times what it would have cost
you in Peoria, Ill. You have
applied for bank financing and
are awaiting approval.
Your contract with the
Flintstones gives you the right
to have the house inspected. So
what do you do now? If you know
a competent contractor who is
willing to spend a few hours
away from his regular job
(getting rich building 8,000
square-foot houses), hire him to
examine the house. If not, check
with your realtor who
undoubtedly has worked with one
or more inspectors and is likely
to have a recommendation.
A house inspection will
cost between $250 and $600,
depending on the size of the
house and who is doing the
inspecting. Do not even think
about skipping the inspection to
save some dough. You really need
to know what an expert pair of
eyes has to say about your dream
house before you buy it.
As likely as not an
inspection will uncover a number
of items in need of repair. Even
minor defects may justify the
cost of the inspection; you may
be able to negotiate with the
Flintstones to make the repairs
at their cost, or deduct that
cost from the purchase price.
A defect requiring major
repair is another matter. Your
contract has a clause that
states that if you and the
Flintstones cannot agree as to
who will pay the cost of a major
repair, especially a repair
required by a lender as a loan
requirement, either party can
void the purchase
Every lawyer who handles
real-estate transactions has
“war stories” about house sales
that have gone south to
Antarctica.
I was involved in a case
recently in which a trusting and
naive young married couple
bought a modestly priced in
Teton County in the early
1990’s. The owner was a builder
in the valley, and the couple
assumed that the house was in
sound condition. They waived
their right to have an inspector
examine the house. Bad decision.
Five years later they
decided to sell their house and
upgrade to a bigger, better one.
When a prospective buyer had an
inspection done it revealed a
crumbling foundation 16 inches
shorter than the building code
allows, unsafe wiring (which the
State actually condemned), and
major structural defects. The
condition of the house was so
bad that it literally could not
be sold. It required more than
$100,000 in repairs to make it
livable and marketable. They
paid $130,000 for it in 1991.
Another great American dream
turned into the all-American
nightmare.
Your contract with the
Flintstones requires them to
provide “...a title insurance
policy in an amount equal to the
purchase price, showing
merchantable title in Seller.”
What in the world does that
mean?
The Flintstones must be
able to transfer “clear title”
to you. Title is a short legal
word with tall legal
consequences. When you purchase
the property from the
Flintstones you are actually
acquiring their “title” to the
property. Your rights of
ownership in the house are
embodied in the title to it,
just as the ownership of your
car is evidenced by the title
that the car dealer handed you
when you bought it.
Title to the property
needs to be distinguished from
possession of the property. You
may own the title to your house,
but someone else may be living
in it, a renter for example.
Title to the car may be in your
name, but your daughter uses it
100 percent of the time.
So the Flintstones buy
an insurance policy from one of
the local land title companies
in your name. The title company
charges a percentage of the
purchase price to insure the
title to the property,
approximately $3 for every
$1,000 of the purchase price
($900 for a $300,000 house).
The title company
researched the official Teton
County records in the County
Clerk’s office, looking for
unpaid mortgages, unpaid
property taxes or unpaid
judgments against the
Flintstones, any of which will
appear as a lien against the
property, and which will need to
be paid in order for the
Flintstones to transfer clear
title to you.
No human being alive
today, including the owners of
the title companies, can explain
to you precisely what protection
you are getting when you buy
title insurance. For whatever it
is worth, you will be covered if
someone 20 earlier forged a deed
to the property or a long-lost
relative of a former owner
appears out of the blue claiming
an interest in the property. No
matter; you will be subject to
involuntary commitment to the
state hospital in Evanston if
you fail to obtain title
insurance when purchasing your
house.
We are now approaching
the closing date -- the day when
you pay the balance of the
purchase price to the
Flintstones and they transfer
title and possession of the
house to you. The title picture
looks good, the bank has
approved your loan, the
Flintstones have agreed to fix
the loose tiles in the bathroom
and caulk the kitchen counter
tops prior to closing. All
systems are go.
Most closings in this
day and age are coordinated
through the title company
office, and the fee charged by
the title company for this
service (between $250 and $500)
is usually shared by the seller
and buyer.
Congratulations! You now
officially own a piece of the
American Dream. This entitles
you to begin complaining about
exorbitant property taxes and
the neighbor down the block who
doesn’t mow the law. Welcome to
the club.
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