Financial

Real estate: the fine print of the Regional Contract

Published

14 years ago

May 26, 2011

Choosing a buyer’s agent isn’t just about finding someone who knows the neighborhood, can commit to the time necessary to helping you find your perfect place and can get you to settlement smoothly — it’s also about finding someone with the smarts and detail-oriented know how to help you navigate the plethora of legal forms that you’ll sign binding you to the house you’ll eventually buy.

Most agents are not lawyers, and therefore are not allowed to practice law. But since most buyers don’t meet a lawyer involved in their transaction until settlement, the agents are their primary guide to understanding the impact of what they sign.

For sellers, too, an agent must also be savvy with the ins and outs of the contracts. For buyers and sellers alike, having an intelligent agent who knows the fine print of the standard contracts can give them a huge advantage in the transaction. Most agents use the Regional Sales Contract in the D.C., Maryland and Virginia area around Washington, and there are a number of unexpected surprises contained in those forms, so as a buyer or seller, it helps if you know a few of them too:

1. The contingency expiration date that never comes

Buyers count on contingencies to protect them in the event they find something out during the process that changes their ability or desire to buy the property. Sellers count on those contingencies ending at some point so they can have confidence they’ll actually get to settlement.

Two big contingencies, the financing and the appraisal contingencies, have expiration dates that can come and go, but still remain in effect, even all the way until settlement. The financing contingency does not expire until the seller gives notice (an official signed document pertaining to the transaction) that the deadline has expired. But if the buyer doesn’t remove the contingency within three days of receiving this notice, the contract dies.

The language is worded thus to protect the buyer, obviously. Unfortunately, the effect this generally has is that sellers are so scared to deliver the notice (and therefore risk the contract dying) that they don’t do so, and then the contingency deadline loses all meaning since it goes on indefinitely. Often, sellers don’t even know they have to give notice, especially if they are working with an agent who may not know the contract so well, and think they can take the earnest money deposit (often tens of thousands of dollars) if the buyer doesn’t qualify for the loan after the expiration, only to find out they can take nothing.

Similarly, the appraisal contingency deadline can also come, go, and still remain in effect if the seller does not give notice of that deadline’s expiration. The difference is that if the buyer doesn’t respond in three days, that contingency expires, but the contract survives. Therefore, every good seller’s agent should deliver notice immediately upon expiration of that contingency to ensure the seller is duly protected. Most other contingencies in the standard Regional Sales Contract expire upon their expiration date.

2. The attachments that don’t convey

Most buyers and sellers who have some experience in the market know that attached fixtures (elements of the house or decor that are physically attached to the property in a relatively permanent way) convey, or come with, the property without express written agreement. So the sofa goes, the light fixtures stay; the lamps go but the mantelpiece stays — unless agreed to otherwise in writing.

What about blinds, curtain rods, built-in refrigerators, and, most importantly as of late, wall-mounted flat-screen televisions? Well, good agents know that to ensure there is no dispute down the road, any ambiguous items should be identified and agreed upon in writing. But good agents know that some of these items are already excluded by default in the regional sales contract. For example, mounted televisions and speakers that extend outside the wall or ceiling do not convey unless otherwise agreed upon. Since they are affixed to the wall, many buyers and their agents assume they count as fixtures and will convey automatically. The contract says otherwise, so beware!

3. When digital signatures don’t count

Digital signatures are being used more and more frequently these days, and it’s understandable. In our area, a normal contract usually is more than 25 pages long, and sometimes it’s more than 50! Printing and faxing or e-mailing these docs back and forth has become a huge burden, even as internet speeds improve, so being able to enter a password and click to place your signature in a document on your desktop saves a lot of time and toner.

However, many agents who use digital signatures don’t get a digital signatures authorization form signed from the beginning that allows for digital signatures to be interpreted as valid in a legal sense. Without that one form signed, by hand, the entire contract could be considered invalid. The day of settlement, the buyer could simply walk away. Similarly, a contract originally agreed to in writing but then signed in subsequent parts digitally could be considered valid only until the subsequent parts that weren’t signed by hand. In that sense, if a buyer makes certain demands under the home inspection contingency but submits notice with a digital signature without an agreement to sign in such a way, they have effectively not given notice by the deadline and may lose all the rights to make such demands once the deadline expires.

4. Never leave the blank blank

In the regional sales contract, there are hundreds of blank fields that agents fill in to get the deal done. Many of them simply don’t apply to the transaction; condo language doesn’t apply when you’re buying a single family home, and language that clarifies how a mortgage is to be assumed almost never pertains to transactions these days. But if a blank is left blank in an active and applicable section of the contract, rather than crossed through or filled in with “N/A,” it may eventually come back and bite you, whether you’re a buyer or a seller. For example, says Jason Sherman of Paragon Title Company, in a condominium transfer where there is no special assessment as of the contract date, but one comes up before settlement, there is no clear indication of who will pay it unless the agents fill in one of two options on the condominium addendum. When there’s no assessment it’s almost always left blank, but if an assessment comes in mid-stream there will be problems.

These are just a few of the more common errors I see practiced by inexperienced agents, or misunderstood by most buyers and sellers. But of course there are many more pitfalls that can sneak up on you. That’s why your choice in your Realtor shouldn’t just be based on whether he or she can make small talk at a cocktail party or has a nice advertisement. It should hinge on your confidence that they can handle the tricky — and often costly — intricacies of the legal documents you sign too.

David Bediz is a Realtor at Coldwell Banker Residential Brokerage and part of the Dwight and David Real Estate Group. He can be reached at 202 352 8456 or through www.DwightandDavid.com. He is not a lawyer and none of this article shall be construed as legal advice.

Real Estate

Snatching your dream home in D.C. this winter

A good time to get a deal during slower season

Published

2 days ago

January 11, 2025

Justin Noble

Dreaming of a D.C. home? Winter is a great time to buy. (Photo by dmiller/Bigstock)

If you’re thinking about planting roots in the DC Metro, then the winter months are a time when you can get a good deal during a slower time in the market. D.C. isn’t just for politicians and monuments; it’s a city brimming with diverse neighborhoods, chic eateries, and more rainbow flags than you can shake a stiletto at. But before you slip into those house-hunting boots, let’s make sure you’re well equipped for the real estate game in our nation’s capital.

1. Credit Check. Before you even start ogling those gorgeous row houses in Capitol Hill or swooning over condos in Logan Circle, make sure your credit score is ready. Lenders love to see a credit score that’s as high as my hair. If it’s looking a little low, then pay down those cards and keep your balances low.

2. Budget Realness. We all love a little splurge now and then (those D.C. brunches aren’t cheap), but buying a home is no time for financial fantasy. Work out your budget and know what you can afford monthly. Factor in those hidden costs like HOA fees and property taxes. Stay within your budget so you can keep rocking those designer threads without a sweat.

3. Location, Location, Location! D.C. is all about neighborhoods with character. Are you more of a Dupont Circle fan or perhaps Petworth? Maybe you fancy the historic vibes of Georgetown or the up-and-coming cool of Navy Yard. Each neighborhood has its own vibe and price tag, so do your homework and figure out where you fit in. Pro tip: Visit at different times of day to really feel the neighborhood’s pulse.

4. Find a Real Estate Agent. Find yourself a real estate agent who not only knows the market but also gets you — someone who can dish out honest advice and help you avoid any missteps. The right agent will be your guide, confidante, and maybe even your future brunch buddy. Remember, you’re in this together, so choose someone who’s as excited about finding your dream home as you are.

5. Mortgage Pre-Approval – The Golden Ticket. Nothing says “I’m serious” like a pre-approval letter from your lender. It’s the ultimate accessory to your house-hunting outfit, giving sellers that warm, fuzzy feeling that you’re not just window shopping. Plus, it helps you know exactly how much home you can afford, so you’re not falling head over heels for something out of reach.

6. House Hunting: The Fun Part! Time to put on your walking shoes and start touring. Don’t be afraid to ask questions, take notes, and envision yourself hosting fabulous dinner parties in these spaces. But be prepared to act fast. D.C.’s real estate market moves quicker than a “RuPaul’s Drag Race” elimination round, so if you find “the one,” don’t hesitate to make an offer.

7. Inspection, Baby. Once you’ve got an offer accepted, it’s time for the home inspection. Think of it as the all-important makeover montage. You want to uncover any issues before they become your problems. Trust your inspector and get those deets — everything from the roof to the basement needs a thorough once-over.

8. Closing Day – You’ve made it. The grand finale! You’ve done the work, and now it’s time to close the deal. Gather your paperwork, bring your ID, and maybe wear something that screams “I’m a homeowner!” After the signatures and happy tears, the keys are yours. Pop the Champagne and toast to your new fabulous life in D.C.

Final Thought: Love is Love, and Home is Home. Remember, your home should be a place where you feel comfortable, safe, and fabulous. Whether you’re single, partnered, or part of a chosen family, the D.C. Metro offers a vibrant, inclusive community that’s ready to welcome you with open arms. So go out there and claim your slice of this iconic city — you’ve got this.

Justin Noble is a Realtor with Sotheby’s International Realty licensed in D.C., Maryland, and Delaware for your DMV and Delaware beach needs. Specializing in first-time homebuyers, development and new construction as well as estate sales, Justin provides white glove service at every price point. Reach him at 202-503-4243, BurnsandNoble.com or [email protected].

Real Estate

2024 D.C. residential real estate market in review

Insights and trends for the LGBTQ community

Published

2 weeks ago

January 1, 2025

Jeff Hammerberg

The year 2025 promises big changes in the local real estate market as the Trump administration takes office. (Washington Blade file photo by Michael Key)

As 2024 ends, the residential real estate market reflects a year of notable shifts, with both progress and setbacks impacting LGBTQ homebuyers and sellers. While strides have been made in fostering inclusivity in some areas, the overall landscape has grown increasingly complex. The political climate, coupled with emerging challenges to diversity, equity, and inclusion (DEI) programs, has significantly influenced the housing market and the LGBTQ+ community’s experiences within it.

The incoming Trump administration has signaled a rollback of DEI initiatives across various industries, and housing is no exception. Efforts to reduce funding for fair housing programs and weaken protections against discrimination have raised concerns for LGBTQ individuals seeking equitable access to housing. Many previously inclusive initiatives in real estate development and local government policy may be scaled back or abandoned altogether, creating a climate of uncertainty.

Despite these challenges, organizations like GayRealEstate.com continue to advocate for LGBTQ buyers and sellers, providing a critical safety net in an increasingly polarized environment.

Trends for LGBTQ Buyers, Sellers in 2024

Increased Caution in Relocation Decisions:

LGBTQ+ individuals and families have grown more deliberate in choosing relocation destinations. States with strong anti-discrimination protections, such as California, New York, and Massachusetts, remain top choices, while states perceived as less LGBTQ+ friendly have seen a decline in migration.

Emergence of “Safe Zones”:

Many LGBTQ+ buyers are seeking out neighborhoods and cities that actively uphold inclusivity despite national trends. These “safe zones” often feature strong community support and resources, but their limited availability can lead to higher housing costs.

Barriers to Homeownership Persist:

Discrimination in lending and housing remains a significant challenge. If you experience discrimination in lending or housing, it’s essential to report it and seek support.

At the Local Level: Report incidents to your city or state’s Fair Housing Office or Human Rights Commission. To find your local office, check your city or state government website for contact details.

At the National Level: U.S. Department of Housing and Urban Development (HUD):

Phone: 1-800-669-9777 (Toll-Free)
TTY: 1-800-877-8339
Online Complaint Form: HUD Discrimination Complaint

Additionally, working with an LGBTQ professional through GayRealEstate.com provides an added layer of security and advocacy. These experts understand your unique needs and are committed to ensuring you experience a fair and inclusive home-buying or selling process.

Focus on Financial Security:

With the economic uncertainty brought about by political shifts, LGBTQ buyers are prioritizing affordability and long-term financial stability. This has led to increased interest in shared housing arrangements, multi-generational living, and cooperative housing solutions.

Advocacy for Fair Housing Protections:

Advocacy groups and legal organizations are ramping up efforts to defend and expand fair housing protections for LGBTQ individuals. These efforts remain a crucial counterbalance to the rollback of federal DEI programs.

Challenges and Opportunities in the Current Climate

The expected rollback of federal protections and reduced funding for fair housing programs will pose significant challenges, particularly in regions already struggling with inclusivity. However, the resilience of our LGBTQ+ community and our allies has created opportunities for grassroots movements to push for local-level inclusivity and support.

Looking Ahead to 2025

As the new administration takes office, the housing market’s inclusivity for LGBTQ individuals may face further obstacles. However, the strength of community-driven initiatives and the unwavering support of advocacy organizations like GayRealEstate.com (and the 21+ National LGBTQ non-profit organizations they support financially monthly) offer hope for continued progress at local and regional levels.

LGBTQ buyers and sellers are encouraged to stay informed, seek out trusted allies in the real estate industry, and leverage platforms like GayRealEstate.com to ensure their home-buying or selling experience remains as smooth and equitable as possible.

Despite the challenges of an evolving political and social climate, one thing remains certain: LGBTQ individuals have allies who stand by their side, fighting for equality and inclusivity in housing and beyond. For more than 30 years, GayRealEstate.com has been a steadfast advocate for LGBTQ rights, helping thousands of individuals and families navigate the home-buying and selling process safely and confidently.

Not only does GayRealEstate.com connect clients with LGBTQ-friendly agents, but the organization also actively supports LGBTQ non-profit initiatives, ensuring that the community continues to thrive. No matter the obstacles ahead, we want you to know: We’re not going anywhere.

Whether you’re buying, selling, or relocating, GayRealEstate.com is here to provide the expertise, resources, and unwavering support you deserve. Together, we’ll continue building a brighter, more inclusive future—one home at a time.

Jeff Hammerberg is founding CEO of Hammerberg & Associates, Inc. Reach him at 303-378-5526 or [email protected].

Real Estate

The night before closing

Happy holidays! Wishing you good health and happy closings in 2025

Published

3 weeks ago

December 22, 2024

Valerie Blake

(Photo by Strike0/Bigstock)

Although I’ve often written contracts and settled home sale transactions on holiday eves, I am winding up my business for 2024 a little bit early – this week, in fact.

I have planned a well-deserved vacation after the first of the new year, but upon my return, I will be reading articles by real estate pundits, following interest rate fluctuations, keeping my ear to the ground, and anticipating what a change in administration will portend for the DMV real estate market.

So, I leave you with a column in verse, apropos for the season, with apologies to settlement attorneys and closing agents.

’Twas the night before closing, in an office downtown.

Two agents were stirring and running around:

Linda, the buyers’ rep, bold and astute,

And the sellers’ rep, Robert, in his sharp, tailored suit.

The buyers were giddy, their excitement quite clear,

Would they be in their house by the start of next year?

The sellers, meanwhile, had been packing all day,

Now exhausted and glad to be moving away.

Linda looked down at the phone in her hand,

And questioned how much more of this she could stand.

The pings came like sleighbells; her battery spent.

She wondered aloud where that missing file went.

Robert sat back and surveyed his domain,

Feeling smug that his work had not been in vain.

Meanwhile, poor Linda was losing her cool,

Dealing with buyers who broke every rule.

“Do NOT buy a couch! Don’t apply for a loan!

“If this deal falls apart, you will be on your own!”

“Don’t open a credit card! Don’t lease a car,”

“Or you’ll have to continue to live where you are.”

At the house, an inspector popped in for a peek,

And pronounced that the HVAC would die in a week.

The buyers erupted: “We need 20 grand!”

And Linda just sighed with her head in her hand.

“Relax,” she said calmly, “We’ll get it repaired,”

As she tried to remember – had this been declared?

She then texted Robert, restating the plea,

And the response that came back: “LOL. Not from me.”

As midnight drew closer, more chaos ensued:

An appraisal adjustment! A snowstorm was due!

The lender went silent, their system was fried,

A typo was found, and the printer had died.

Then out in the street, there arose such a clatter,

Both agents dashed out to see what was the matter.

A self-driving Tesla crashed into a pole,

But they couldn’t see anyone there to console.

And then, on the sidewalk, a figure appeared,

In a blazer and boots, with his clipboard and beard.

His alpaca haircut, his teeth all aglow,

It had to be Slick Nick, the settlement pro.

He carried a satchel, with papers galore,

And his eyes had a twinkle as he neared the front door.

His stride was assertive, his voice was imposing.

“I get it. I’m early. I’m here for the closing.”

Nick adjusted his glasses, and gave things a glance,

“I’ve seen awful deals, but this one? Slim chance.”

“Enough of the drama, the last-minute stalls,

Let’s settle this now—no more late-night calls!”

He summoned the lender in a threatening voice,

“Explain yourself now–there is no other choice;”

The lender, chagrined, muttered “technical glitch,”

And the funds transfer quickly was expertly fixed.

But Nick wasn’t finished; he said with a glare:

“You buyers and sellers – sit down in a chair!”

“Just sign all the papers while I make a call.

“Now wrap it up! Wrap it up! Wrap it up all!”

The signing all happened with relative ease,

Then came pictures and handshakes, and transfer of keys.

The agents high-fived and sat back in their chairs,

Reflecting with pride on the day’s closed affairs.

The buyers were thrilled, their joy had no bounds.

“Can we now post on Insta? Announce to the town?”

The sellers smiled too, with a huge check in hand,

To build a new house on a large plot of land.

Linda just nodded, her patience worn thin,

While wondering which closing was next to begin.

And Robert remarked on the goal they’d achieved,

Grateful the process had gone as conceived.

Then Nicky stood tall, his work finally done,

And he grumbled, “Good grief, this one wasn’t much fun.”

He climbed back in his Tesla, his phone in his grip,

And he turned to the agents with one final quip:

“Let’s hear it for teamwork,” he said with a sneer,

“I’m off to join friends for a shot and a beer.”

Happy Holidays! Wishing you good health, good times, and happy closings in 2025.

Valerie M. Blake is a licensed Associate Broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her at DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.