| The
PROCESS of Selling your home in Texas .....
The buyer's offer is written on forms designated by
the Texas Real Estate Commission. An Earnest Money check is written at this time, but held
by the selling agent until the offer is accepted.
The offer is
presented by the selling agent to your listing agent, who in turn presents the offer to
you (the seller). A seller may negotiate one offer, or several
offers at the same time.
In practice, offers are negotiated
"verbally" until agreement is reached, at which time they are finalized in
writing and signed by all parties. Sellers Disclosures are a
State requirement, as well as is information regarding the subdivision (if
requested by the buyer).
The contract and earnest
money check are sent to the title company, where the earnest money check is now
deposited into an escrow account, and a title search is begun. (Within 20 days from the
date of contract, the title company will mail a title commitment to all parties,
indicating if there are any problems to a clear title.) Per the contract, the buyer will
have approximately 5 days to initiate the loan process.
Generally,
the buyer will offer a small "option fee" for the right to inspect the home
during a negotiated number of days (usually 7-10) and negotiate repairs or withdraw the
offer for any reason. The buyer chooses the inspection company and pays for the
inspection. When the inspection report is received, the buyer will note any items he
considers important for the sale of the home to be consummated, and notifies the seller.
The buyer will also order a wood-destroying-insect
inspection. Termites are a common concern in this area, but
generally have caused no or little damage to a home when they are found.
Unless this is a VA loan, the buyer pays for this inspection.
The appraisal is ordered by the mortgage company
just prior to the loan's being submitted to the underwiter for approval. The amount of the buyer's loan is based upon the appraised value.
Designated repairs are generally completed by you,
the seller, after the loan has been approved.
The survey is ordered after loan approval. A
closing date and time are scheduled.
"Closing" takes place in
Texas at a Title Company. Often, all parties are present at the same table. Funding
usually occurs the same day. In general practice, lawyers are not normally involved in
real estate sales and closings in Texas, but may be if one so desires.
Possession of the home usually occurs upon funding,
although special provisions in the contract may be made for the seller to rent the
property back for a short period of time.
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