Category Archives: Buying

No Worries if you Plan Right for the International Buyer: Part 2

If you have a buyer who is overseas or not a USA national and they don’t have an account at a bank in the USA, do you know how they are going to access their proceeds for closing?

If they have an account at an USA bank, there won’t be a problem. If their money is overseas, there could be significant issues.

First, we require buyer’s funds in US Dollars to close. We can accept, in some cases, a wire from a non-USA banking institution in US Dollars, but not all. If your buyer wants to use a foreign bank, get their banking information to us and we will let you know if their bank qualifies. If their bank is OK, ensure you have our “International Wiring Instructions.” Allow more time as well. Unlike wire transfers coming from inside the USA, international wires can take from 3 to 7 working days before they are available for closing.

If buyers want to avoid a wire and use a certified check, then it needs to be from a USA banking institution.

The best plan is to have your buyers use a US bank and have their funds transferred early on so it is ready at closing day.

No Worries if you Plan Right for the International Buyer: Part 1

Do you have a non-USA citizen buyer? No worries, there are just a couple of things you need to keep in mind to make sure the transaction goes as smooth as any other transaction.

Some people think that there are “FIRPTA” issues (Foreign Investment in Real Property Tax Act of 1980) if their buyer is a foreign national, but there isn’t. FIRPTA only comes directly in to play if the seller is a foreign national, but that is another Title Tip for another day.

There are two items that are a must for your international buyer to have a successful closing. The first is the easiest, identification.

If they don’t have an ID issued by the USA, that is OK. The passport they are issued by their nation is all they usually need for identification at the closing table. If it is good enough for Uncle Sam, it is good enough for everyone else. If anything else is needed, such as when the seller is a foreign national as well, we will let you know.

The second part is a bit trickier, the purchase money. We’ll cover that next week in Part II.

Easement vs. Access

A property does not have much use if you cannot get access to it. When it comes to getting to a property, two words are important to understand: easement and access.

Easement: gives a person other than the owner access to or a right of way over the homeowner’s property. Common easements allow for utilities and roads.

Access: although landlocked property can be sold, the lack of access must be disclosed to the buyer. Failure of the public record to disclose a right of access to the land will be noted in the title commitment.

If you ever have concern about easements and access to the property, help your customer review the survey and the title commitment in conjunction with your Title professional.

Church Sale? Take a Deep Breath

Selling a church can be a challenging and complicated transaction. In a variety of ways, they are quite different from a commercial or residential transaction. To add to the complexity, there are a lot of different twists and turns that can make each church sale different from another.

Important things to find out up front:

– Incorporated or unincorporated?

– Representative or congregational form of government?

– Written by-laws, Board of Directors/Trustees?

– Is the pastor the authorized administrative person, or someone else?

– Are there special requirements for conveying title?

Those are just a few questions to start the process towards closing. Expect a few surprises along the way, especially once the Title Commitment comes in.

Each church sale is unique.

Who Holds Your Binder Matters

confused-money-counterAs you’re finalizing your contract, make sure your customers know what can happen if there is a binder dispute.

The best place to hold a binder is with a real estate brokerage. If there is a binder dispute, as described in the NEFAR Purchase and Sale Agreement lines 276-278, “…the broker holding the binder deposit(s) may request the issuance of an Escrow Disbursement Order from the Florida Division of Real Estate.”

That is the most efficient and least confrontational way to resolve a binder dispute. If a binder is not held there, it will have to be held by a settlement services provider – a title company or attorney.

If the binder is held by an attorney or title company and there is a binder dispute, then the only option is interpleader. An interpleader involves lawyers, courts, and judges.

Look at lines 275-276, “…the interpleader’s attorney’s fees and costs shall be deducted and paid from the binder deposit(s)…”

The last three interpleaders we’ve seen had legal costs between $1,000-$1,500. It can go higher. That is taken right out of the binder. This is one of the reasons we recommend a strong binder of at least $3,000. That way, there is actually something worth fighting over, in this case the remaining $1,500-$2,000 after legal fees, at best.

Surveys: Always a Good Idea

1-GolfExisting or new, there is a reason lenders require surveys. They want to make sure that they are making a smart business decision when they write a loan. Though not required for a cash closing, wouldn’t buyers want to make sure they a making a smart business decision when they buy?

We see a lot of people waiving surveys for vacant land and home sales. Buyers should be careful trying to save a few hundred dollars with investments well in to the hundreds of thousands of dollars.

Just because a fence has been there for 50 years, does not mean that is where the property line is. That deck, driveway, or dock may not be part of the subject property, even though to the eye it clearly is.

That well-manicured half acre? The seller may only own a third of it.

Have a careful discussion with any buyer willing to waive a survey – no one needs to live that dangerously.

Plan Right for the International Buyer

12737094-money-and-calculatorDo you have a non‐USA citizen buyer? No worries, there are just a few things you need to keep in mind.

1. No reason to be concerned with FIRPTA (Foreign Investment in Real Property Tax Act of 1980), that only applies with a foreign seller.

2. Identification. A US Government Issued ID or their passport is all they need.

3. Money. It has to be United States Dollars. If they are bringing a certified check, it needs to be from a USA banking institution.

If you are unsure, ask us if the bank your buyer is using qualifies. If your buyer is planning to wire funds from a foreign bank overseas, make sure you ask us for our “International Wiring Instructions.” Unlike wire transfers coming from inside the USA, international wires can take from 3 to 7 working days before they are available for closing. The best plan is to have them use a US bank and have their funds transferred early on so it is ready at closing day.

Protect Your Ownership from Hidden Problems

Underwater minefield conceptAre there problems with a property that a title search cannot reveal?

Yes. There are some “hidden hazards” that even the most diligent title search may never reveal. For instance, the previous owner could have incorrectly stated his marital status, resulting in a possible claim by his legal spouse. Other “hidden hazards” include fraud and forgery, defective deeds, mental incompetence, confusion due to similar or identical names and clerical errors in the records.

These defects can arise after you’ve purchased your home and can jeopardize your right to ownership.

This is one of the many reasons a home buyer wants to have an Owner’s Title Insurance policy

Title insurance is the buyer’s protection against financial loss or legal expenses resulting from the unexpected arrival of problems – including any of the “hidden hazards” – that results in a claim against their ownership.

Who Does the Lender Policy Protect?

Insurance word cloudIf a buyer takes out a mortgage loan to buy a property, the lender will require a lender policy (also called a loan policy or mortgage policy) of title insurance. This protects the lender’s interest in the property until the loan is paid off or refinanced – then it goes away. It only protects the lender. The interest of the buyer is only protected by an owner’s policy.

An owner’s policy of title insurance insures the buyer’s ownership rights to the property. The policy is purchased at closing with a one-time cost, and coverage will last as long as the buyer owns their home.

Know Your Deeds: Quit Claim Deeds

Recorder-of-DeedsWhen you say “Quick” – people think that it is a way to make things move fast. In a fashion, it does, but it doesn’t describe its function. “Quit” is the critical word, in that it accurately describes what is going on. It also helps define what makes it different than a Warranty Deed.

Any deed will transfer an interest in land from the grantor to the grantee, but a “Quit Claim” deed provides no warranty at all to the buyer. The grantor is only providing the grantee interest he may have in the property; none, some, or all.

What the grantor is not telling the grantee with a Quit Claim deed is:
‐ That he owns ALL the interest in the property (there may be others owners he is or is not aware of – you are only getting his interest).
‐ That there are no liens, judgments or other encumbrances against the property.
‐ That the grantor has any interest in the property at all (I can “Quit Claim” the Brooklyn Bridge if I want. It just means I am giving you 100% of my 0%).

In summary, with a Quit Claim deed you are only getting whatever interest the grantor has, if any, without any guarantees. Because of the limited nature of a Quit Claim deed, except in a few very narrow cases, an underwriter will not write Title Insurance on a Quit Claim deed alone. If you find yourself in a transaction where the seller offers only a Quit Claim deed, let us know early and we will help you review your options. It does not have to be a deal killer in all cases – just most.