Here are answers to some of the most frequently asked real estate questions received by our office. The answers are general in nature, and are not meant to serve as legal advise.

Q. Should I get pre-approved for a mortgage before I start my home search?

A. Yes. Before you start your home search, you should know both how much you can afford to spend and that you’ll be able to get a mortgage for up to the right amount. Most lenders will issue a pre-approval free of charge.

Q. As a buyer, does the real estate agent showing me houses work for me or the seller?

A. The real estate agent works for the seller, unless you sign an agreement in which the agent agrees to work for you, as a buyer’s agent. It’s possible for the agent to work for both buyer and seller. This is called dual agency, and requires permission from both buyer and seller.

Q. Does the condition of a property or its location determine its value?

A. The value of a property is made up of several components. Arguably, the most important component is the location of the property, hence the phrase “Location, location, location.” When it comes to choosing location or condition, location is usually the most important factor. Remember, you can fix a house, but you can’t change the neighborhood.

Q. Is it necessary to have a house inspected before buying it?

A. It’s normally not a requirement, but it is smart to have a house inspected before buying it. Most inspections check for a house’s structural soundness, including items such as the roof, walls, foundation, and mechanicals (electric panel, furnace, etc.). Some inspections will include a pest inspection for insects such as termites, cockroaches, and carpenter ants. It’s wise to have both a home and pest inspection before making the purchase.

Q. What is PMI?

A. PMI stands for Private Mortgage Insurance. PMI is normally required by lenders when there’s less than 20% equity in a house. For example, let’s say the market value is $200,000.00, and you put down $20,000.00. There would only be 10% equity, so PMI would likely be required. PMI can be dropped once there’s 20% equity. It is normally paid on a monthly basis, and is included in your mortgage payment.

Q. What are escrows?

A. Most lenders require that when you make your monthly mortgage payment, you include amounts to pay your real estate taxes and homeowner’s insurance. The bank will make the disbursements for both the taxes (normally quarterly, and the homeowner’s insurance (normally once a year). In some instances, you can have the escrows waived, which means you will be responsible for paying both items on your own.

Q. What is title insurance?

A. In a nutshell, title insurance protects you from defects in the title which existed prior to you purchasing a property. You pay for an owner’s policy of title insurance once, and it protects you for as long as you own the property. Keep in mind, however, that if you refinance in the future, you will have to buy a policy for the bank giving you the loan.

Q. What is a title examination?

A. A title examination is performed on a specific property to ensure that there’s clear and marketable title. A search of the public records in the city/town or county where the property is located will reveal any liens (including mortgages), easements, covenants, or other items affecting the property.

Q. What are condo dues?

A. When you live in a condominium, you pay dues (also known as fees) to an association made up of condo owners. The monies collected pay for items such as upkeep of the common areas, insurance, and repairs which might be made at some point in the future. Keep in mind that if you don’t pay your fees, the association could put a lien on your unit, which could jeopardize your ownership interest in it.

Q. What’s the difference between a “note” and a “mortgage?”

A. The promissory note is the document you sign, in which you agree to repay the lender the principal amount of money you are borrowing, over a set period of time, at a fixed and/or adjustable rate of interest. The mortgage allows the lender to foreclose on your interest in the property if you fail to pay accordingly.

Q. How much should I offer for a property?

A. There is no set amount of formula which tells you how much to offer for a property. The general rule of thumb, however, is about 10% less than the asking price. Factors which should go into your offer include whether it’s a buyer’s or seller’s market, the location and/or condition of the property, how long it’s been on the market, and how badly you want it.

Q. What’s the difference between a mortgage broker and a lender?

A. A mortgage broker’s primary role is to find you a lender who will be wiling to loan you the money necessary to purchase a property. Most mortgage brokers have access to dozens of lenders and loan programs. A lender is the party actually loaning you the money.

Q. What’s the difference between a fixed- and an adjustable-rate mortgage?

A. The interest rate on a fixed-rate mortgage never changes; it stays the same during the entire term of the loan. In contrast, the rate on an adjustable-rate mortgage changes periodically. Some start out as fixed for a period of time, then begin to adjust at set intervals. For your protection, there are caps on how high rates can go with adjustable-rate mortgages.

If you have questions, please send them to us. We’ll be glad to answer them, and in a timely manner.

Short Sales

Financing your Home

Mortgage Calculator

Working with a Realtor

Choosing the Right Location



Finding the Right Home


Making the Purchase

The Home Inspection

The Closing

© 2009 Law Office of John L. Coppolino, LTD.

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