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Stewart Title of California and the Stewart Title family of
companies are dedicated to providing accurate and timely answers
to your real estate and title questions. With over 9,500 policy-issuing
offices and agencies across the nation and internationally, Stewart
Title works as a partner with you and your real estate professional,
providing the service, technology and tools that make your
transaction go smoothly.
Buying or selling a home is a big project wi th numerous steps.
With more than a century of real estate and title experience,
Stewart wants to make you feel comfortable wi th the process
of buying or selling a home.
This comprehensive buying and selling guide is a valuable
resource whether youre buying your first home or selling your
first investment property. We suggest using the checklists and
worksheets to help familiarize yourself with the process, and that
you use the pocket in the back of this guide to st ore documents
youll need throughout the transaction.
Its just another way that Stewart Title provides you with the tools
you need and the services you trust. Good luck on your new venture.
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ContentsT A B L E O F
Homebuyers Guide
Advantages O Home Ownership
Home Buying Process Chart
Step By Step Home Buying
Financial Considerations
Home Shopping Wants & Needs
Step By Step Home Loans
The Loan Process
Loan Appointment Checklist
Step By Step Property Taxes
Property Tax Calendar
Guide To Supplemental Taxes
Homesellers Guide
Advantages O Home Selling
Home Selling Process Chart
Step By Step Home Selling
A Marketing Plan
Home Selling Tips
Closing Terminology
General Inormation
Guide To Escrow
The Lie O Escrow
Step By Step Title Insurance
Lie O A Title Search
What Title Insurance Covers
Ways To Hold Title
Closing Costs: Who Pays For What?
Who Pays For What? By County
Moving Checklist
Important Inormation List
Glossary O Terms
Commonly Used Terms In Real Estate Transactions
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3
4
6
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8
10
11
12
13
14
16
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18
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24
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31-32
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Home OwnershipA D V A N T A G E S O F
2
Congratulations on your decision to buy a home! Whether you
need a perfect place to make your own, more space for a growing
family, or an investment opportunit y, the home buying process
is an exciting time. Our home buying and selli ng guide is designed
to help you understand the processes involved to make your
transaction go smoothly.
One of the biggest motivations for buying a home is
financial. Buying a home is a sound financial decision for a
number of reasons.
Accumulation o Equity
When you buy a house, your monthly mortgage payments mean that you gradually
accumulate what lenders call equity. Equity is an ownership interest in the property that
you can borrow against or convert into cash by selling your house. As a renter, you must
continue paying rent to a landlord, without the opportunity to build equity. As a homeowner,
your mortgage payments can help you create nancial reedom or yoursel.
Stable Housing Costs
Another advantage to home ownership is that mortgage payments can remain unchanged
throughout the lie o your mortgage. Renters may ace an increase in rent payments year
ater year. With a mortgage, your monthly payments remain the same over the years as other
costs o living increase over time due to infation. As a homeowner, you have the advantage
o knowing what your housing costs will be ar into the uture.
Increased Value
Houses typically increase in value, or appreciate, over time. Its not unusual to nd a house
that sold or $150,000 teen years ago to be valued at much more today. This increase in
value, or appreciation, is like money in the bank to you as the homeowner.
Tax Benefts
As a homeowner, you will enjoy signicant tax breaks that are not available to renters. The most
important tax benet o home ownership is that interest paid on your home mortgage is usually
deductible. This act alone can save you a substantial amount each year in ederal income taxes.
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ProcessT H E H O M E B U Y I N G
Begin The Process
-Select Your Real Estate Proessional
-Determine Your Budget &Get Pre-Approved
-Find Your Perect Home
-Make an Oer to Purchase
-Review the Sellers Response
-Purchase Agreement Accepted
Open Escrow
-Choose an Escrow & Title Company
-Deposit Earnest Money
-Enter the Contingency Period
-Inspection & Appraisal o the Property
-Receive Preliminary Property Report
-Final Loan Approval
-Obtain Homeowners Insurance
Close Escrow
-Deposit Funds or Down Payment & Closing Costs
-Sign Loan Documents
-Record Documents
-Transer o Deed to Your New Home
You Are Now A Proud Homeowner!
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For your convenience,
words that are bolded
in the text appear in the
glossary on page 35.
Home BuyingS T E P B Y S T E P
4
tip*
While the process of buying your home may seem overwhelming,
you will have an entire team of professionals working on your
behalf. Also, most home purchases follow a f airly standard
process. By reviewing the items below, you will have a better
idea of what to expect during the home buying process.
Selecting Your Real Estate Proessional
Building a trusting relationship with a real estate proessional is crucial. He or she will be
working closely with you to nd the perect home to meet your unique needs. Real estate
proessionals have extensive market knowledge. They also provide assistance and guidance
throughout the buying process, rom nding a home throughout the close o escrow.
Determining Your Budget & Getting Pre-Approved
By meeting with a proessional lender beore you begin to look at properties, you will get an
accurate idea o the mortgage amount that ts your budget. You may be surprised at the
variety o loan options available today. A proessional lender can pre-approve your loan and
give you the condence to make a strong oer once you nd the home o your dreams.
Finding Your Perect Home
Ater you nd a real estate proessional and a lender, you are ready to get out there and nd
the perect home! Your real estate proessional can show you homes with the eatures you
want, within your desired price range. The more details you can share with your real estate
proessional, the more successul your search will be. For more assistance with deciding
which eatures are important to you in a home, see the Home Shopping Wants & Needs
worksheet on page 7.
Making An Oer To Purchase
Once you nd your dream home, your real estate proessional will drat apurchase agreement,
advising you on customary practices, local regulations and any contingencies. Most purchase
agreements are submitted with an earnest money deposit, usually ranging rom 1% to 3%
o the purchase price. The earnest money deposit is not cashed until the seller accepts your
oer. Your real estate proessional will present your oer to the sellers real estate
proessional. The seller will then accept, counter or reject your oer.
1
2
3
4
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Reviewing The Sellers Response
You and your real estate proessional will review the
sellers response, and in some cases, negotiate a new oer.
Your real estate proessionals knowledge o the process
and strong negotiating skills will help you reach the
best agreement.
Opening Escrow
Once the purchase agreement is accepted and signed by
all parties, your real estate proessional will open escrow
or you. Your earnest moneywill be deposited at this time.
Your escrow company will handle all unds associated
with your transaction.
Entering The Contingency Period
This time period is specied in your purchase agreement
and is used to obtain the ollowing items:
Physical Inspection o Property
Property Pest Inspection
Property Appraisal
Approval o Sellers Transer Disclosure Statement
Preliminary ReportApproval rom Title Company
In addition, during this time period, you will be able to:
Satisy any Purchase Contingencies
Secure a Lender
Obtain Loan Approval
Obtaining Homeowners Insurance
In preparation or owning your home, you must provide
a homeowners insurance policy that is in eect by the
close o escrow. Your real estate proessional will work
with your escrow company and insurance agent to ensure
that your policy is in eect by the proper date.
Depositing Funds For Down Payment
& Closing Costs
Beore escrow can close, you will need a cashiers check
or wire transer in the amount o your down payment and
closing costs. Your escrow company will provide a statement
o estimated closing costs that shows this amount. For an
explanation o closing costs, please see page 30.
Signing Loan Documents
Beore escrow can close, you will review and sign all loan
documents rom your lender. This may be done at an
appointment with your escrow company.
Closing Escrow
When all conditions o the purchase agreement have been
met, you will then sign all o the closing documents. Ater
you deposit the balance o your down payment and closing
costs with the escrow company, and your lender has approved
your nal loan documents, your lender will then deposit the
balance o the purchase price. Next, the County Recorders
oce will record the deed. You will then be the proud new
owner o your home!
Homeowners Insurance
You need to have active homeowners
insurance beore your loan is approved.
To obtain a homeowners policy, check
with the insurance agent that you
already use or automobile or renters
insurance. They may be able to oer
you a discount or consolidating your
insurance needs.
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7
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?what is escrow
Please see page 03 or a visual
guide to the buying process.
Escrow means that an impartial third party, the escrow
company, handles all o the money and paperwork or
both the buyer and seller in a home purchase. Your
escrow company is a key member o your home buying
team and will be an important resource or you.
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Completing this
inormation worksheet
will help get the
loan pre-approval
process started.
tip*
Financial Worksheet
It helps to review your own nances beore meeting with a mortgage lender to determine
what price range you can aord. Your mortgage amount is only one actor that aects
your home purchasing power. Other actors include your income, expenses, credit history,
FICO score and the money you have available or a down payment. Proessional lenders are
trained to nd a mortgage option suitable or most nancial situations. By sharing accurate
and up-to-date inormation with your real estate proessional and lender, you enable them
to do the best job or you on the way to nding your dream home! This worksheet will help
you and your lender determine your mortgage options.
ConsiderationsF I N A N C I A L
6
Name
Address
Home Phone
Buyer 1 Buyer 2
Work Phone
Employer
Address
City / State / Zip
Title
Length o Employment
Annual Income $ $
Other Assets or Income $ $
Have You Contacted a Lender?
Lender Name
Representative
Approved Loan Amount
Have You Received a Pre-Qualifcation Letter?
Recent Credit Report No Yes I Yes, When?
Closing Costs Estimate
What Kind o Loan?
Maximum Down Payment Available
Source o Down Payment
Maximum Monthly Payment Including Principal, Interest & Taxes
Present Monthly Payment or Rent Amount
Prepayment Penalty on Current Loan?
Do You Need to Sell a Home in Order to Buy?
Notes
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Wants & NeedsH O M E S H O P P I N G
LocationVery Somewhat Not Very
Distance to: Important Important Important Important
Work
School
Shopping
Entertainment
Cultural Centers
Transportation
Parks
City Services
Overall Location
Other
ExteriorVery Somewhat Not Very
Important Important Important Important
Landscaping
Garden
Side Access
Paved Driveway
Sidewalk
Paint
Windows
Doors
Porches
Patio
Roo
Gutters
Back Yard
Front Yard
Lighting
Access
Fencing
Deck
Garage/Carport
Other
InteriorVery Somewhat Not Very
Important Important Important Important
Bedrooms
No./Size
Baths/No.
Square Footage
Living Room
Family Room
Dining Room
Kitchen
Appliances
Fixtures
Laundry Room
Walls/Ceilings
Flooring
Carpeting
Attic
Fireplace
Layout
Lighting
Other
SystemsVery Somewhat Not Very
Important Important Important Important
Security
Heating
Air Conditioning
Ventilation
Plumbing
Electrical
Energy Saving
Insulation
Overall Systems
Other
ExtrasVery Somewhat Not Very
Important Important Important Important
Swimming Pool
Workshop
Den / Ofce
Hot Tub / Spa
Other
Type o Home1-Story New
2-Story Existing
Style
Comments
Wants & Needs Worksheet
Your real estate proessional will work hard to nd your
perect home. How does he or she know what to look or?
By considering the inormation below and sharing it with your
real estate proessional, he or she will be better prepared to
nd your perect home.
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Buying a home is an important financial decisi on. Your lending
professional is a key member of the team of experts assisting you
in your home purchase. By w orking with a professional lender,
youll save time and money, and gain cri tical negotiating power.
What Lending Proessionals Will Do For You
A lending proessional will work with you to analyze your current nances and mortgage
options to come up with the best home nancing options or you. By working with a lender
beore looking at homes, you will have a better idea o what you can aord. This knowledge
will make your real estate proessional more ecient, strengthen any oer you make, and
improve your overall home buying experience.
Many home loan options are available today. You can choose to work with a lender who
works with one bank only, or you can choose to work with a loan broker. A loan broker
works with many dierent nancial institutions and can shop or the best loan at the best
price, allowing you to work with one proessional contact instead o doing all the shopping
yoursel. Regardless o whether you rely on a lender rom a particular bank or a loan
broker, a proessional lender will help you:
Find the best loan options
Fill out the application
Obtain pre-approval
Work with you throughout the escrow period to ensure timely approval and unding o
your loan or a smooth home purchase
Getting Your Loan Pre-Approved
One o the most important steps a lending proessional can do or you is to provide
pre-approval. A pre-approval means that the mortgage company agrees to provide
nancing or your home purchase up to a certain amount. A pre-approval rom a lenderwill give you added condence and negotiating power as you make the oer to
purchase your home.
Home LoansS T E P B Y S T E P
8
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Completing A Loan Application
The rst step in working with a lender is to complete a loan
application which requires personal and nancial inormation.
Use the Financial Considerations worksheet on page 6 to
help you gather this inormation.
Once the application is submitted, the lender will begin the
process o veriying your inormation. Once your purchase
oer is accepted and your home is in escrow, the lender will
also veriy the inormation on the appraisal o your home.
Obtaining Insurance
Most lenders require that you obtain hazard/fre insurance
or the purchase o a single-amily home. The lender will also
require that you obtain title insurance and other items prior
to the close o escrow. For a ull list o items required in order
to close escrow, please reer to the Guide To Escrow on
pages 24-25.
Steps To Closing
Ater your loan is approved and the loan documents are
sent to your escrow company, the escrow company will
prepare an estimated closing statement. This closing
statement species the distribution o your purchase unds.
Once all contingencies in the purchase agreement have been
satised, you will complete and sign your escrow instructions
as well as your nal loan documents. At this time, you will
need to bring a cashiers check or closing costs and down
payment unds. The lender will send your loan unds directlyto the escrow company.
Ater you have signed all the necessary loan documents,
the escrow company returns them to the lender or review and
unding. This process usually takes a ew days. Ater nal
review, the lender is ready to und your loan and inorms the
escrow company. The loan is then unded and the deed o trust
is recorded at the County Recorders oce. Escrow is now
ocially closed and you are a new homeowner!
Together, your real estate proessional, lender and escrow
company will keep you inormed every step o the way. Your
team can assist you to obtain all o the required items during
the contingency period to ensure a smooth transaction.
stewart.com
Stewart Title is dedicated to helping makeyour home buying or selling experience
easier. Please visit our website today or
helpul inormation on fnding a title agent,
property taxes and 1031 exchanges. Its just
another way that Stewart Title gives you the
tools you need and the service you trust.
?what is a FICO scoreYour proessional lender will use your FICO credit score to negotiate
mortgage terms. This number evaluates your credit history.
Higher scores represent lower credit risks, which can equate to
better loan terms. There are many resources online that provide
you access to your FICO score.
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ChecklistL O A N A P P O I N T M E N T
Making The Loan Process Easier
To make it easier or your lender to get the loan process
underway, you should bring certain inormation to your
rst loan appointment. Helpul inormation includes the
Financial Considerations worksheet on page 6, and the
ollowing documentation:
A valid state identication card or drivers license
Verication o employment
Two years o W-2 orms showing your annual pay
A current bank statement veriying how much money you
have available or a down payment and closing costs
Your lender will also request other items, including:
A credit report to show your credit history
An appraisal on the property, once in escrow
A preliminary report, once in escrow
note*
SureClose
At Stewart Title, we know
your time is valuable. Thats
why we partnered with brokers and agents
to develop SureClose, the uture o
transaction management. With SureClose,
you can login rom anywhere in the world
to fll out orms, sign documents and get
status notifcation on your title search as
it happens. Visit www.stewart.com today
to learn more about SureClose paperless
transactions. Its just another way that
Stewart Title gives you the tools you
need and the service you trust.
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Property Tax Defned
Local governments, usually at the county level, administer property tax. Tax rates vary rom
county to county and are based on a predetermined percentage o the assessed value o
each individual property. Property taxes are paid in two installments each year.
Property Tax And Escrow
Depending on when you close escrow on your new home, the way that you pay your rst
year o property taxes may vary. I your home is in escrow right ater a deadline or submitting
a tax payment, your real estate proessional should request proo o that payment rom the
seller. The preliminary report may show that property taxes are still due because it can take up
to six weeks or a property tax payment to post. Proo o payment will address this issue.
Options For Paying Property Tax
Your lender can oer you an option or paying your property tax and insurance costs on
a monthly basis. The nancial impact o a large tax payment twice a year can be reduced
through an option called an impound account. Your lender can set up an impound
account or you. The impound payment is collected with your monthly mortgage,
principal and interest payment.
The lender then pays the Tax Collector and the insurance company directly rom this account
when the property tax installments and insurance premiums are due. Its important to discuss
the nancial impacts o having an impound account with your lender. While this kind o
account is not right or every home buyer, it can help some buyers manage their nances.
Property Tax Payment Timing
Property TaxesS T E P B Y S T E P
2
I You Close Escrow Remember These Tax Tips
Between Your property tax bill may be orwarded to the sellersJanuary & October new address.
I you do not receive your property tax bill by the middle o
October, contact your Tax Collector and request that a
duplicate tax bill be sent to you.
You are still obligated to pay your frst property tax instal lment
by the November 1st due date, even i you have not received
a tax bill rom the county.
Near December 10th I the seller has not yet paid property taxes, then the seller will
need to make a check payable to the Tax Collector and then
orward it to the escrow company.
The escrow company will see that the title company orwards
the property tax check to the county.
Regardless o when you close escrow, the correct taxes must be paid on time.
For important propertytax dates, please reer tothe Property Tax Calendaron page 13.
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As a home buyer, you may receive a supplemental property tax bill ater you purchase your
home. Most property taxes are based on the assessed value o a home at the time o
purchase. Most likely, when you purchase your home, its assessed value will have increased
since the previous owner(s) purchased it. Under state law, whenever there is a change o
ownership, a supplemental assessment occurs. A new assessed value or your home may lead
to an increase in the tax amount. To address any potential increase, the Tax Assessor may
mail you a supplemental tax bill to make up the dierence.
The supplemental bill is normally issued within six months ater the close o escrow. I you
have an impound account with your mortgage company to pay taxes and insurance on a
monthly basis, the supplemental tax bill is sent directly to you by the Tax Collector rather
than to your mortgage company.
Supplemental TaxG U I D E T O
4
SummaryB U Y E R S
Buying a new home will be much easier i you have a team o
trusted proessionals working or you every step o the way.
Educating yoursel about the home buying process is an important
rst step to ensuring that you nd the perect home, make a
solid oer and get approved or the loan you need. With
thoughtul planning, your home will establish the oundation
o a sound nancial uture or you and your amily.
Please reer to the sections at the end o this guide or additional inormation on escrow
and title insurance, as well as a helpul glossary o real estate terms. Visit www.stewart.com
today to learn more about Stewart products and services, or to access more detailed
real estate inormation and resources.
The content in this guide is intended to provide general inormation only. Every home
transaction is dierent; please consult an attorney or real estate proessional or advice
about your specifc transaction.
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notes*
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For your convenience,
words that are bolded
in the text appear in the
glossary on page 35.
tip*
Home Sell ingA D V A N T A G E S O F
6
Making the decision to sell your home is personal. Whether
youre relocating, moving to accommodate a growing family or
simplifying your life for retirement, s elling is an involved process
that takes careful planning. Our home buying and selling guide
is designed to help familiarize you with t he process and give you
helpful hints to ensure that your home sells quic kly for your
top asking price.
If youve owned your home for a substantial amount of t ime, or if
the market has grown significantly since your purchase, you have
equity, the biggest opport unity that home ownership provides.
Before selling your property, talk to your accountant and real
estate professional about the reasons for selling your home. He or
she will be able to help you decide the best fi nancial strategy.
Buying A Larger Home
I you own a home, you may want to cash in on the equity and increased market value to
create a down payment on a larger home or a home in a more desirable area. In this situation,
special considerations must be made prior to selling to ensure that you and your amily
transition smoothly rom one home to the next. You may also want to speak with your
accountant about the tax benets and timerames involved with 1031 exchanges.
Relocating To A New State
Relocation is another common reason or selling. In this situation, you will want to sell your
home quickly to avoid paying a mortgage on an empty house. Your real estate proessional
will help you determine the price and marketing plan that will help you sell quickly.
Downsizing For RetirementYou may have ound that your children are out on their own, you have more room than you
need, or that your house has signicantly increased in value! This may be motivation or you
to sell your home, move into a more modest home or condominium, or add to your retirement
nest egg. Downsizing is another good opportunity to speak with your accountant. He or she
can help you plan or this transition in a way that helps you avoid large capital gains taxes.
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ProcessT H E H O M E S E L L I N G
Begin The Process
-Select Your Real Estate Proessional
-Decide When to Place Your Homeon the Market
-Research Comparable Properties
-Decide on an Asking Price
-Market Your Home to Potential Buyers
-Place Your Home on the Market
-Review Buyers Purchase Oer
-Present Your Response to thePurchase Oer
Open Escrow
-Buyer Deposits Earnest Money
-Enter the Contingency Period
-Buyer Obtains Inspection & Appraisal o the Property
-Final Loan Approval
Close Escrow
-Buyer Deposits Funds or Down Payment & Closing Costs
-Sign Loan Documents
-Record Documents
-Transer o Deed to Buyer
Your Transaction is Complete!
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Staging, or beautiying,
your home to potential
buyers can increase its
value. See Home Selling
Tips on pages 20-21.
tip*
Putting your home on the market is a big step. The expertise of
your real estate professional will make the process much easier for
you and your family. Fortunately, selling a home is a fairly standard
process. By reviewing the items below, you will have a better idea
of what to expect during the process of selling your home.
Meeting & Selecting Your Real Estate Proessional
Your real estate proessional is a crucial part o your home selling team. He or she will assist
you throughout the transaction with the ollowing:
Deciding your asking price
Marketing your home to qualied buyers
Completing the required transaction documents
Negotiating with any buyers who submit an oer to purchase your home
Deciding When To Place Your Home On The Market
Your real estate proessional will help you determine the best time to place your home on the
market. They will also provide sound advice as you determine an asking price based on:
Research o comparable propertiesConsideration o current local market conditions
Your needs and reasons or selling
Marketing Your Home To Potential Buyers
When placing your home on the market, your real estate proessional will help make
your home more attractive to potential buyers. Your real estate proessional may make home
improvement or decorating suggestions to improve the appeal o your home. He or she will
also coordinate with you and other real estate proessionals to arrange showings o
your home to qualied buyers. For more tips on how to improve the appeal and value o
your home, please reer to the Home Selling Tips on pages 20-21.
Home Sell ingS T E P B Y S T E P
8
Please see page 17 or a visualguide to the selling process.
1
2
3
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Reviewing The Buyers Purchase Oer
Once an oer is made, your real estate proessional will
review the oer with you and help you prepare a response to
that oer. Your real estate proessionals strong negotiating
skills and knowledge o this process will help you reach the
right agreement.
Presenting Your Purchase Oer Response
With the assistance o your real estate proessional, you may
accept, counter or decline the purchase oer. This process may
take anywhere rom a ew days to a week, depending on the
time deadlines specied in your response to the buyers oer.
Opening Escrow
Escrow is opened and the buyers earnest money will be
deposited at this time. Your escrow company will handle
all unds associated with your transaction.
Entering The Contingency Period
This time period is specied in your purchase agreement.
During this time, the buyer works to satisy contingencies
to the purchase agreement, such as obtaining a property
inspection and an appraisal. You will work with your real
estate proessional to ensure that all o the transaction
documents are completed and provided to the buyer or
review. Transaction documents can include:
Real Estate Transer Disclosure Statement
Physical Inspection o PropertyProperty Pest Inspection
Other Disclosure Forms
Closing Escrow
When all conditions o the purchase agreement have been
met, you will sign all o the closing documents. The transaction
is completed when the buyers lender unds the loan and the
existing mortgage on the home is paid o. Next, the County
Recorders oce will record the deedin the buyers name, and
your home transaction will be complete!
A marketing plan is one o the most important services your
real estate proessional will provide. Its a good idea to ask
your real estate proessional how he or she plans to market
your property beore you begin the selling process.
Marketing plans may include:
Placing a For Sale sign on your property
Placing a lockbox on your ront door or other location to
enable other real estate proessionals to show your hometo interested buyers
Listing your home with the local MLS (multiple listing service),
to maximize exposure to other real estate proessionals
Arranging tours o your home by other real
estate proessionals
Creating a brochure or fyer highlighting the eatures
o your home
Hosting Open Houses at your home
Advertising your home on the internet, in localnewspapers or other publications
Your real estate proessional may have more ideas about how
to gain exposure or your home among qualied buyers.
A portion o money provided to the seller or escrow company by
the buyer with a written purchase oer. Earnest money is
intended as evidence o the buyers good aith. It is deposited
with the escrow company once the purchase agreement is
executed, and is applied towards the purchase price o the home.
?what is earnest money
PlanA M A R K E T I N G
4
5
6
7
8
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Living Areas
Make sure wall suraces are in good shape.
Repair all cracks and nail holes.
Wash the windows.
Replace cracked or broken glass and torn screens.
Make sure windows open and close smoothly.
Check ceilings or leak stains. Fix the source o the leak,
repair the ceiling and repaint.
Replace aded curtains or bedspreads.
I you have a replace, clean it out and put in resh logs.
Replace burned-out light bulbs and make sure light
switches work.
Clean foors and vacuum rugs and carpeting.
Fix any doors or sliding glass doors that stick.
Keep toys in the kids rooms.
Garage
Clean out your garage and dispose o
anything you are not going to keep.
Make sure the garage door opener is in good
working condition.
Outside
Make sure the ront door and entry area are
clean and welcoming. Repaint the ront
door i necessary.
Keep the lawn and shrubs trimmed and neat looking.
Freshly-planted fowers add an attractive and inviting touch.
Sweep walkways and/or driveways.
Consider painting your house. This can do more to improve
the appeal o your home than any other item. I you dont
want to paint the whole house, consider touching up trim,
window rames and/or shutters.
Check the roo and gutters. Replace any missing shingles,
broken gutters or downspouts.
Preparing For A Showing
Open the draperies and window coverings to
let in light.
Empty trash cans throughout the house. Make sure
outdoor trash cans are sealed properly.
Keep radios, stereos and TVs o or at a very low volume.
Remember the importance o scent: consider burning lightly
scented candles, or baking cookies to ll your home with an
appealing scent.
I your real estate proessional has scheduled a showing or an
Open House, make arrangements or you and your amily
to be out o the house. Let your real estate proessional discuss
the price, terms, possession and other actors with the
potential buyers.
Take pets outdoors or with you when your house is
being shown.
Let the buyers real estate proessional show your home tothe potential buyer. He or she knows the buyers requirements
and can emphasize the appropriate eatures o your home.
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TerminologyC L O S I N G
2
SummaryS E L L E R S
Selling your home will be much easier i you have a qualied real
estate proessional assisting you and your amily throughout the
process o pricing, marketing and negotiating the sale o your
home. Its important you understand the home selling process so
that you can consider all o the steps necessary to sell your home
quickly or your desired price. With thoughtul planning, selling your
home can be a large step toward reaching your nancial goals.
Visit www.stewart.com today to learn more about Stewart products and services, or to access
more detailed real estate inormation and resources.
Closing costs are an accumulation of separate charges paid to
entities such as title companies, lenders, escrow companies and real
estate professionals for the services they provide. Your real estate
professional will review these and other closing costs with you
before your transaction is completed.
Title Insurance Premiums
Fee paid by an individual to insure a clear title.
Commission To Real Estate Proessionals
Fee paid to real estate proessionals or services provided to list, show, negotiate the
purchase agreement and complete the transer o property.
Recording Fees
Fees assessed by the County Recorders oce or recording the documents o a real
estate transaction.
Loan Fees
Fees charged by a lender to process a new loan. This may include points and/or ees
or loan origination and credit reporting.
Escrow Fees
Fees charged by an escrow company or services to collect, hold and eventually disburse
unds and documents as required to complete the real estate transaction.
The content in this guide is intended to provide general inormation only. Every home
transaction is dierent; please consult an attorney or real estate proessional or advice
about your specifc transaction.
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EscrowG U I D E T O
4
For an explanationo closing costs,
please see ClosingTerminology onpage 22.
After a selling price has been negotiated between the buyer and seller,
an escrow company steps in as an impartial third party to process and
oversee the money and documents involved in transferring ownership.
The escrow company works with you throughout the closing process
to ensure that the legal transaction goes smoothly.
Opening Escrow
Your real estate company will open escrow or your transaction as soon as the buyer and
seller have signed the purchase agreement or the home. The buyer and seller will sign escrow
instructions, which list the contingencies rom the purchase agreement and any other
requirements or escrow to close.
Preliminary Paperwork
Your escrow company will require you to ll out astatement o identity orm. The statement
o identity orm is used to eliminate judgements, bankruptcies and liens that may be led against
persons with similar names to the buyer or seller. Your escrow company keeps the statement o
identity orm condential.
The Escrow Companys Role
While your home is in escrow, the escrow company will do the ollowing:
Handle any adjustments on re insurance, property taxes, interest, etc.
Contact the buyers lender to coordinate loan unding
Coordinate payo o the sellers mortgage
Forward the deed to the County Recorder or recording in the buyers name
Handle nal accounting and disbursement o any remaining unds to all parties
Issue an ocial closing statement (HUD 1)
Who Is Involved In The Escrow Process
Seller SellersReal EstateProessional
BuyersReal Estate
Proessional
BuyersLender
Title & EscrowRepresentative
Buyer
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IN
FO
RM
ATIO
N
EscrowT H E L I F E O F
Terms O Sale Are Put Into Contract
Buyer Provides Initial Deposit & Escrow Opens
Preliminary Escrow & Title Documents Prepared
Seller Deposits The Deed With Escrow
Escrow Company Finalizes & Manages Documents
Buyers Mortgage Funds
Escrow Company Issues Ofcial Closing Statement
& Disburses Any Remaining Funds
notes*
Funding The Down Payment
In most home transactions, the buyer will deposit a down
payment and the seller will deposit the deed and other
necessary documents with the escrow company. Prior to close
o escrow, the buyer deposits the balance o required unds,
through a mortgage, with the escrow company.
Closing Escrow
The length o your escrow period may range rom a ew
days to several months. You and your real estate company
will work together to determine the best timerame or your
needs. The timerame will be specied in the terms o the
purchase agreement.
Escrow will be completed once all parties have signed the
escrow documents, all contingencies in the purchase
agreement have been satised and removed, the buyers loan
has unded and ater the deed transerring ownership has
been led with the county. The close o escrow signies legaltranser o title rom the seller to the buyer, ater which the
buyer will receive the keys to their home.
Buyer & Seller Sign/Complete Escrow Documents
Ownership Transer Deed Is Filed With
County Recorder
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Purchasing title insurance
is the best way to prevent
uture problems with
your title.
tip*
Title InsuranceS T E P B Y S T E P
6
When purchasing real estate, you acquire title to the property. This
title includes your rights of ownership and possession of the land.
Sometimes, however, your rights to the property can be limited due
to claims asserted by others. These potential claims, if not caught
and corrected before you buy, can limit your title to the property,
have a negative impact on the value of your home and threaten the
interest that you and your mortgage lender hold in the property.
Acquiring Title Insurance
Title insurance is a welcome security blanket or home ownership because o the
signicant investment you make when buying a home. Purchased as a one-time expense,
title insurance covers you against loss due to potential pre-existing liens and hazards that
may not be uncovered in a general title search.
The Importance O A Title Search
Despite the expertise and dedication that go into a title search, hidden title deects can
emerge ater completion o a real estate transaction, leaving you without a clear title.
Title deects can be an unpleasant and costly surprise. Some examples include:
Previously undisclosed heirs with claims against the property
A orged deed that doesnt transer title to real estate
Instruments executed under expired or abricated power o attorney
Mistakes made in public records
Title insurance through a company like Stewart Title is a simple step you can take to
protect yoursel against loss or damage due to potential problems with your title. Ask your
real estate proessional to learn more about this valuable service.
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Title Insurance CoversW H A T
8
There are different types of title insurance policies that c an be
purchased by the buyer, seller or by the lender. Title insurance is
typically issued in the amount of the real est ate purchase.
For an in-depth explanation o title insurance, and or assistance in choosing the policythat is right or you, please work with your real estate proessional and your StewartTitle representative.
CLTA/ALTA Homeowner Policy
Intended ToInsure an institu-tional lender undera deed o trustupon any type oreal property(commercial, indus-trial, residential)against thosematters coveredunder the policy.
What It Covers
Title to the estate or interestbeing vested other than asstated therein.
Any defect in or lien orencumbrance on the title.
Unmarketability of the title.
Lack of a right of access to andfrom the land.
The priority of any lien orencumbrance over the lien of theinsured mortgage.
Intended ToInsure the ownero residentialproperty againstloss by reason othose matterscovered underthe policy.
ALTA Loan Title Insurance Policy
Cannot use land for Single FamilyDwelling because the use wouldviolate a restriction in Schedule Bor a local zoning ordinance.
Pays rent for substitute landor facilities.
Unrecorded lien by a homeowners
association.
Building permit violation.
Compliance with SubdivisionMap Act.
Restrictive covenant violations.
Post policy forgery.
Post policy encroachment.
Post policy damage from mineral orwater extraction.
Post policy living trust coverage.
Map not consistent with the legaldescription.
Post policy adverse possession.
Post policy prescriptive easement.Covenant violation resultingin reversion.
Boundary walls and fenceencroachment.
Enhanced marketability.
Violations of building setbacks.
Discriminatory covenants.
Insurance coverage forever.
What It Covers
Plain language.
Post policy automatic increase invalue up to 150%.
Title to the real property owned bya person other than the insured.
Defects, liens and encumbrances
upon title that are not recorded.Lack of a right of access to andfrom the real property.
Insuring that there are noforgeries or failed conveyancesin the chain of title.
Protection against mechanics liensresulting from work done on thereal property that the insured didnot agree to pay for.
Rights under unrecorded leases.
Unrecorded easements.
There are restrictive covenants.
There is a lien on your titlebecause (1) a deed of trust,
(2) a judgement, tax or specialassessment, (3) a charge by thehomeowners association.
Title is unmarketable.
Forced removal of a structurebecause it (1) extends on to otherland or easement, (2) violatesa restriction in Schedule B,(3) violates an existing zoning law.
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Who Pays For What?C L O S I N G C O S T S
0
The Seller Typically Pays: (these will vary pursuant to local custom and practice)
Commission to real estate proessionals involved in the transaction
One-hal o the escrow ee
Document preparation ee
Document transer tax
City transer/conveyance tax (according to contract)
Any loan ees as required by buyers lender
Balance o all mortgages/loans in sellers name
Interest accrued to sellers lender during escrow, beore ownership transers to buyer
Any loan prepayment penalties
Termite inspection and work (according to contract)
Home warranty (according to contract)
Any judgments, tax liens, etc., against the seller
Property tax proration (or unpaid taxes up to time o transer o title)
Any unpaid homeowners association dues
Any homeowner association document fee (to obtain a copy of theCC&Rs or other documentation)
Any and all delinquent taxes
Notary ees or sellers documents
Courier ees or sellers documents
The Buyer Typically Pays: (these will vary pursuant to local custom and practice)
Title insurance premiums
One-hal o the escrow ee
Notary ees or buyers documents
Recording charges or all documents in buyers name
Property tax proration (rom the time that ownership transers to buyer)
Homeowners association transer ee
All new loan charges (except those required by lender or seller to pay)
Interest on new loan rom date o unding to 30 days prior to rst payment
Inspection ees (property inspection, geological inspection, etc.)
City transer/conveyance tax (according to contract)
Fire insurance premium or rst year
Courier ees or buyers documents
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Who Pays For What? B Y C O U N T Y
IN
FO
RM
ATIO
N
County Escrow Title Fees County Transer Tax City Transer TaxCharges (Owners Policy) (Per Thousand) (Per Thousand)
Alameda Buyer pays Buyer pays Seller pays $1.10 50/50*
(Except in the City o Alameda $5.40
Alameda - 50/50) Albany $11.50
Berkeley $15.00
Hayward $4.50
Oakland $15.00
Piedmont $13.00
San Leandro $6.00
Alpine (Calaveras Side) 50/50 50/50 Seller pays $1.10 None
Alpine (El Dorado Side) 50/50 Buyer pays Seller pays $1.10 None
Amador 50/50 Buyer pays 50/50 $1.10 None
Butte (Chico & Oroville) 50/50 50/50 Seller pays $1.10 None
Butte (Paradise) 50/50 50/50 Seller pays $1.10 None
Calaveras (Bear Valley) 50/50 Buyer pays Seller pays $1.10 None
Calaveras (San Andreas) 50/50 50/50 Seller pays $1.10 None
Colusa 50/50 50/50 Seller pays $1.10 None
Contra Costa Buyer pays Buyer pays Seller pays $1.10 50/50
El Cerrito $7.00
Richmond $7.00
San Pablo $4.40
Del Norte 50/50 Seller pays Seller pays $1.10 None
El Dorado 50/50 50/50 Seller pays $1.10 None
Fresno 50/50 Seller pays Seller pays $1.10 None
Glenn 50/50 50/50 Seller pays $1.10 None
Humboldt 50/50 Seller pays Seller pays $1.10 NoneImperial 50/50 Seller pays Seller pays $1.10 None
Inyo 50/50 Seller pays Seller pays $1.10 None
Kern 50/50 Seller pays Seller pays $1.10 None
Kings 50/50 Seller pays Seller pays $1.10 None
Lake Buyer pays Buyer pays Seller pays $1.10 None
Lassen 50/50 50/50 Seller pays $1.10 None
Los Angeles 50/50 Seller pays Seller pays $1.10 Seller pays
Culver City $4.50
Los Angeles $4.50
Pomona $2.20
Redondo Beach $2.20
Santa Monica $3.00
Madera 50/50 Seller pays Seller pays $1.10 None
Marin Buyer pays Buyer pays Seller pays $1.10 Seller pays
San Raael $2.00
Mariposa 50/50 50/50 Seller pays $1.10 None
Mendocino Buyer pays Buyer pays Seller pays $1.10 None
Merced 50/50 50/50 Seller pays $1.10 None
Modoc 50/50 50/50 Seller pays $1.10 None
Mono 50/50 Seller pays Seller pays $1.10 None
Monterey (Salinas) 50/50 Seller pays Seller pays $1.10 None
Monterey (Peninsula) Seller pays 50/50 Seller pays $1.10 None
Napa Buyer pays Buyer pays Seller pays $1.10 None
Nevada 50/50 Buyer pays Seller pays $1.10 None
Continued on page 32* 50/50 = Buyer Pays 50%, Seller Pays 50%To veriy that the above numbers are current at the time o purchase or sale, please confrm them with your escrow company.
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2
County Escrow Title Fees County Transer Tax City Transer TaxCharges (Owners Policy) (Per Thousand) (Per Thousand)
Orange 50/50* Seller pays Seller pays $1.10 None
Placer 50/50 Seller pays Seller pays $1.10 None
Plumas 50/50 50/50 Seller pays $1.10 None
Riverside 50/50 Seller pays Seller pays $1.10 Riverside $1.10
City o Riverside $1.10Sacramento Seller pays Seller pays Seller pays $1.10 50/50
Sacramento $2.75
San Benito Seller pays Seller pays Seller pays $1.10 None
San Bernardino 50/50 Seller pays Seller pays $1.10 None
San Diego 50/50 Seller pays Owners Seller pays $1.10 None
Buyer pays Lenders
San Francisco Buyer pays Buyer pays Seller pays n/a Seller pays
$100.00 - $250.00 $5.00
$251.00 - $1,100.00 $6.80
1,101.00 and up $7.50
San Joaquin 50/50 50/50 Seller pays $1.10 None
San Luis Obispo 50/50 Seller pays Seller pays $1.10 None
San Mateo Buyer pays Buyer pays Seller pays $1.10 50/50
Hillsborough $0.30
San Mateo $5.00
Santa Barbara 50/50 Seller pays Seller pays $1.10 None
Santa Clara Seller pays Seller pays Seller pays $1.10 50/50
Mountain View $3.30
Palo Alto $3.30
San Jose $3.30
Santa Cruz 50/50 50/50 Seller pays $1.10 None
Shasta 50/50 50/50 Seller pays $1.10 None
Sierra 50/50 Seller pays Seller pays $1.10 None
Siskiyou 50/50 50/50 Seller pays $1.10 None
Solano Buyer pays Buyer pays Seller pays $1.10 Seller paysVallejo $4.30
Sonoma Buyer pays Buyer pays Seller pays $1.10 Seller pays
Cloverdale $1.10
Cotati $1.90
Petaluma $1.15
Santa Rosa $2.00
Sebastopol $2.00
Stanislaus 50/50 Seller pays Seller pays $1.10 None
Sutter Seller pays Seller pays Seller pays $1.10 None
Tehama 50/50 50/50 Seller pays $1.10 None
Trinity 50/50 50/50 Seller pays $1.10 None
Tulare 50/50 Seller pays Seller pays $1.10 None
Tuolumne 50/50 50/50 Seller pays $1.10 None
Ventura 50/50 Seller pays Seller pays $1.10 None
Yolo (Davis) 50/50 50/50 Seller pays $1.10 None
Yolo (Woodland) 50/50 50/50 Seller pays $1.10 50/50
Woodland $1.10
Yuba Seller pays Seller pays Seller pays $1.10 None
Continued rom p31
* 50/50 = Buyer Pays 50%, Seller Pays 50%To veriy that the above numbers are current at the time o purchase or sale, please confrm them with your escrow company.
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ChecklistM O V I N G
Closing Statement
Your escrow company will issue a
detailed closing statement that lists all
fnal closing costs or your transaction.
Inorm Parties O Address Change
Credit card companies, lenders and other companies you
do business with
Post oce
Magazine subscriptions
Friends and relatives
Insurance companies
At The Bank
Transer unds as neededOrder checks with your new address
Arrange credit reerences
Change Service With Utility Companies
Gas
Electricity
Telephone
Cable
Water
Garbage collection
Medical (i moving a long distance)
Ask or copies o medical and dental records rom your
medical providers
Ask your doctor and dentist or reerrals
Transer prescriptions to new pharmacy as needed
Ask or copies o prescriptions or medication and eyeglasses
Children
Ask or copies o childrens vaccine records
Take copies o school transcripts with you
Make arrangements or new daycare acility i needed
Pets
Check on regulations or licenses, vaccinations, tags, etc.
in your new location
Plan or special care and transer o pets
Moving Company
Hire movers
Review labor charges or packing, unpacking and moving
Conrm arrival date
Conrm method and time o expected payment
Carry jewelry and important documents with you
Beore You Leave
Derost the reezer and clean the rerigerator
Have appliances serviced and prepared or moving
Have large area rugs wrapped and prepared to move
Double-check closets, drawers and shelves or orgotten items
Leave all keys, appliance warranties, association guides and
other items or new owner
At Your New Home
Double-check that all utilities have been turned on
Contact your local gas company to check pilot light on stove,
hot water heater and urnace
Have all appliances inspected by a proessional
Contact your local DMV to update the address on your
drivers license
Make arrangements or new medical services and other
proessional services i needed
A List o Things to Do Beore You Move
IN
FO
RM
ATIO
N
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Having important
inormation handy can
help ensure a smooth
transition into your
new home.
tip*
Real Estate Proessional
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
Title & Escrow Representative
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
Moving Company
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
Insurance Company
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
Hospital / Physician / Veterinarian
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
Pharmacy
Name
Company
Address
City / State / Zip
Work Phone
Cell Phone
Notes
InormationI M P O R T A N T
4
The following are some important contacts you may need during
your transition.
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GlossaryB U Y I N G + S E L L I N G
CC&Rs
Covenants, conditions and restrictions. A document that
controls the use, requirements and restrictions o a property.
Closing Costs
Necessary expenses accrued during the course o a real estate
transaction, such as loan ees, title ees, appraisal ees,
escrow ees, etc.
Closing Statement
The nal statement provided by your escrow company that
accounts or all o the unds received and due at the closing,
including deposits or taxes and re insurance. The orm
used or the closing statement is called the HUD 1.
Contingencies
Contingencies can be ound in the purchase agreement. A
contingency is the dependence upon a stated event that must
occur beore a contract is binding. For example, purchase
agreements can be contingent on the buyers sale o another
property, or upon the buyer obtaining a loan or the property.
DeedWritten instrument which, when properly executed and
delivered, conveys title.
Earnest Money, Earnest Money Deposit
A portion of money provided to the seller or escrow company
by the buyer with a written purchase offer. Earnest money is
intended as evidence of the buyers good faith. It is deposited
with the escrow company once the purchase agreement is ex-
ecuted, and is applied towards the purchase price of the home.
EasementA right, privilege or advantage in real property, existing distinct
rom the ownership o the land. Rights o access others have
over your property such as a shared driveway or a local
gas and electric company.
Use this glossary as a general guide or commonly used terms in real estate transactions. Talk to
your real estate proessional or more inormation on these and other real estate-related terms.
Escrow
Temporary deposit with an impartial third party o money and
documents by both parties to a purchase contract. The escrow
company handles all o the documents and distribution o unds.
Hazard / Fire Insurance
Insurance protecting against loss caused by re, some natural
causes, vandalism, etc., depending upon the terms o the policy.
Homeowners Association
(1) An association o people who own homes in a given area,
ormed or the purpose o improving or maintaining the
common area. (2) An association ormed by the builder o
condominiums or planned developments and required by
statute in some states. The builders participation as well as
the duties o the association are controlled by statute.
HUD 1
The orm used or the closing statement provided by the
escrow company (See Closing Statement).
Impound AccountAccount held by lender or payment o taxes or insurance.
For example, the lender pays a portion o the yearly taxes with
each monthly payment. The lender pays the tax bill rom the
accumulated unds.
Joint Tenancy
An equally undivided ownership o property by two or more
persons. Upon death o any owner, the survivor(s) take the
descendants interest on the property. See chart on page 29.
LienA legal hold or claim on property as security for a debt or charge.
MLS
Acronym or the multiple listing service, a searchable database
o all properties or sale that real estate proessionals can use
when seeking property or their clients.
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GlossaryB U Y I N G + S E L L I N G
6
Note
A document containing an express and absolute promise o the signer to pay a named person,
or entity a denite sum o money at a specied time or on a specied date.
Origination Fee
A ee or charge or establishing a new loan. Part o the buyers closing costs.
Physical Inspection Report
A qualied inspectors report on a propertys overall condition. The report usually includes an
evaluation o both the structural and mechanical systems. The inspection and report are completed
during the contingency period, ater escrow opens but beore the transaction is completed.
Preliminary Report
It is an oer to insure, showing ownership, encumbrances and liens.
Purchase Agreement
A written document in which the purchaser agrees to buy certain real estate and the seller
agrees to sell that real estate under stated terms and conditions. Also called a sales contract,
deposit receipt, earnest money contract, or agreement or sale.
Statement O Identity Form
A condential orm lled out by the buyer and seller to help an escrow company conrm the
identity o the parties involved in a real estate transaction.
Tenancy In Common
A type o joint ownership o property by two or more persons with no right o survivorship.
For a more detailed explanation, see page 29.
Title Deects
Problems with the title to a property that may negatively impact ownership o the property,
as well as the value o the property. Examples o title deects include: previously undisclosed
heirs with claims against the property, a orged deed that doesnt legally transer title to
real estate, or mistakes in the public records.
Title Insurance Policy
A policy that protects the purchaser, lender or other party against losses. T itle insurance
oers protection against loss or damage arising rom various deects (as set out in the policy)
that may exist in the title to a specic parcel o land. For more inormation on title insurance,
consult with your Stewart Title representative.
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