| As the seller, you have relatively
little to do at this point. The bulk of the work between contract
signing and closing falls on the buyer, who must arrange for a home
inspection, financing, and homeowners and title insurance policies.
If you agreed to have something repaired, do it now. If a problem
arises with the title, you could become involved with paperwork,
legal bills and delicate diplomacy. If a title problem is so complicated
it threatens to delay settlement, your buyer may want to void the
contract. Your attorney may be able to smooth things over for a
time, but if the deal seems headed for the rocks you'll need to
determine what your rights and options are.
Here are some of the common last-minute glitches that can be avoided
at settlement by being prepared.
- Keep abreast of progress on both sides. If your buyer is having
trouble getting a loan on the terms specified in the contract,
you should know it; if they are turned down, it could jeopardize
the whole deal. A day or so before closing, make sure all the
necessary papers and documents have been gathered and are in the
hands of the right players.
- At this stage, everything should have been spelled out in the
contract. Your agent should have kept you up to date on what you
should expect to net from the transaction. You should have received
an estimated-net sheet when you signed the listing agreement,
and another along with each contract presentation. Prior to settlement,
the escrow officer or settlement attorney should have provided
you with a copy of the settlement sheet. If you are handling your
own settlement, you can get an estimate at the time you arrange
for closing, or "open escrow," whether it is with a
title or abstract company or an abstract attorney.
- People who should be present at closing need to be kept informed
of any change in the date, time or place. They should be reminded
a week before closing, and again the day before.
- Anyone named on the deed under which you hold title must sign
the new deed by which you grant title. In many jurisdictions,
if you have married since acquiring title, your spouse also will
have to sign the deed. If a co-owner doesn't live nearby, allow
time to have the deed signed and returned before settlement.
- You should know when you will be paid. Don't expect to walk
away from the settlement table with a check in hand, but don't
leave the question of when and how you will be paid undetermined.
Most settlement attorneys do not disburse checks until all the
necessary documents have been recorded. If that's the procedure,
when will the recording take place, and how often are checks made
up?
If you are buying another property, consider having both settlements
at the same office, scheduled back-to-back. That way, the timing
of the disbursement is not a problem. You sign a paper authorizing
the title company or attorney to assign the funds from your sale
to your purchase.
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