natural hazard disclosure
Home Sellers and Buyers Both Pay Closing Costs in Sacramento
Should the seller pay a Sacramento buyer’s closing costs? Probably not in our present real estate market unless the price is increased to cover the seller’s loss, and that opens another can o’ worms because the home still needs to appraise at that higher price. If it doesn’t appraise at that new value, the transaction might not close unless one side or the other caves. There is often a risk associated with raising the sales price. If you spot a seller openly offering to pay closing costs, though, that’s telling you there is a lot of room in negotiations to squeeze.
Most home buyers don’t immediately think about the closing costs they have to pay to buy a home just like many home sellers often don’t think about the closing costs they need to pay to sell a home. Well, of course, sellers zero in on that commission since it’s a big chunk of change and can spend a lot of time focusing on that number rather than considering how much they will save on the back-end by hiring a more experienced Realtor who doesn’t offer discounts, but I digress.
Because there are many home sellers who never knew they had to pay seller closing costs, just like there are buyers who have no idea, either. Buyers realize a down payment is required but closing costs are an additional expense. Each has their own side of closing costs to pay. Third-party hands are stretched out and open. Some fees are routinely split, depending on local custom. I’ve had sellers ask: why am I paying for the buyer’s title insurance policy? Good question. Because it’s customary and buyers expect a seller to pay for it in Sacramento, plus the seller typically chooses the title and escrow company. I run into agents from Placer County, of course, who practice the flip. If a buyer’s agent is uncertain, an agent should inquire.
Once in my real estate life, many moons ago, I’ve had a buyer offer to pay all of the closing costs in a transaction, both sides, with the exception of the commission — but that was due to an incredibly lowball offer from the buyer. The buyer was encouraged to offer a concession somewhere to make the transaction work. If you were buying an $800,000 home for $600,000, I think you might offer to pay all the costs of sale as well. Otherwise, it sounds like you’re nickel and diming the seller to death, and you would be. Once you plunge in that knife, don’t twist it, you morbid SOB.
Sellers also ask why do I pay for a natural hazard disclosure? Because it’s required by law, and you must provide it to the buyer. In short sale situations, sometimes banks don’t want to approve all short sale closing cost fees because they don’t understand California law. I typically force that approval of payment from the bank, even though it’s only 99 bucks. It’s the principle. Typically, the closing costs for a seller range from about 1% of the sales price to 2%. Whereas a buyer’s closing costs run closer to the 3% range, depending on impounds.
Sellers can spot most of their fees in the purchase contract. They can also ask their Sacramento listing agent to prepare a net sheet, itemizing those fees. Buyers need to get their fees from their lender, if they are obtaining a loan, because most of the fees a buyer pays to close escrow involve the loan: the 800 fees on the HUD.
I do see a movement in how closing costs in Sacramento are divided, though, and it’s toward buyers and sellers splitting the escrow fee and splitting the city transfer tax. About 10 years ago, it was very common for sellers to pay those fees, but it doesn’t hold true today. You might ask your agent about splitting those fees in a purchase offer, especially if you’re submitting offers that are getting rejected. Not every real estate agent in Sacramento cares about nor looks for trends in real estate, much less about how closing costs in Sacramento are handled.
Nationstar Bank Short Sale and Down Syndrome
I woke up this morning with a Nationstar short sale and Down Syndrome whirling around in my brain. I don’t know why. See, this is what being a Sacramento real estate agent does to you. I didn’t dream about Shameless — that Showtime series about my family when I was a kid. No, seriously, my father was not nearly as sweet nor endearing as William H. Macy’s character. Yet, I couldn’t help but wonder if that baby on Shameless with the Down Syndrome really has Down Syndrome. I don’t mean on the show; I mean in real life. Because that would be really tacky. The NDSS would be all over that.
Unless the baby could talk. Then, it might be a way to better understand those born with Down Syndrome, we could develop empathy and this would be considered acceptable. Except the kid can’t talk. But if the baby could talk, I bet he could speak more clearly and distinctly than a negotiator at Nationstar.
A kid at Nationstar told us yesterday that the bank will no longer let sellers pay for a natural hazard disclosure when selling as a short sale. They don’t want to see that crummy little $99 fee on the HUD anymore. Yes, they realize it is state law that a seller must give a copy of the natural hazard disclosure to the buyer. Yes, they realize it is also against state law for the seller to pay for a natural hazard disclosure out of the seller’s pocket because all fees must be paid through the short sale. California Civil Code 580e says the seller is not allowed to pay for anything.
So, on the one hand, you’ve got Section 1103 in the California Civil Code that says the natural hazard disclosure must be delivered to the buyer as part of the sale. On the other hand, the Civil Code says sellers can’t be required to contribute or the bank is breaking the law. And then you’ve got a group of managers at Nationstar Bank deciding it won’t allow the seller to pay this fee from the proceeds of sale.
I realize every $99 adds up. Hey, I sell real estate in Sacramento and not in Newport Beach or I’d be retired by now. But, really, Nationstar. My TC sent me a copy of the email from the negotiator who told us to read the California Civil Code again, although it still says the same thing it said the last time we read it. Nationstar might be making her go sit in the corner for lunch, but that’s not our M-O.
Here is part of that email: “There is nothing to check with my managers as they are the ones who told us to no longer accept the NHD on the HUD. Guidelines change all the time, you cannot expect things to always stay the same. Malyssa”
All over ninety-nine bucks.
Today, there are more than 400,000 individuals people with Down Syndrome living in the United States. I hope none of those people ever have to subject themselves to Nationstar.