美国个人购房的基本流程讲解(二)

NEWS_AUTHOR:前海鷹眼

UPLOAD_DATE:2018-04-28

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上一讲中我们听鹰眼学院校长 Prof. Tim讲到了购房前期的流程,下面的内容也是极为重要的,包括验房事宜、保证金、产权公司(title company)概念以及到签署合同的流程。


Usually at reasonable times before the decided closing date (sometimes within option period) in the contract, buyer shall be permitted by seller to have the property thoroughly inspected by licensed inspector (in Texas, inspector shall be licensed by TREC). Any hydrostatic tests should be separately permitted by seller. During the time the contract is in effect, utilities needed for inspections, repairs, treatments and so on,  shall always be kept on at seller’s expense. Provided inspected issues, repairs and treatments are agreed by both parties, seller should complete all agreed repairs and treatments before the closing date, unless otherwise agreed in writing, extendable to the upmost 5 days in Texas. Meanwhile at the buyer’s discretion, any transferrable warranties received by seller with respect to repairs and treatments can be transferred to buyer at buyer’s expense. If seller fails to complete the agreed repairs and treatments before the contracted closing date, buyer may seek for remedies such as termination of the contract.

 

这是提到房屋检验的问题了。合资格的房屋检验师 Inspector 在华人群体中还不多,执照非常难考,在整个德州也可以掰着指头数出来。休斯顿地区来说的话,白钊民 Charles Pai 先生是华人圈中最资深和有信誉的持照验房师了,拥有房地产经纪人的执照超过20年,而且拥有不动产检验执照超过25年,曾经在休斯顿地区检验过超过10,000栋以上的房屋,前面提到的,鹰眼在休斯顿地区的子公司 超群房地产公司(ERG LLC的业务主要即由 白钊民先生 Charles Pai 负责协调。这个步骤也很关键,能不能发现房屋的潜在问题直接影响后续管理和今后出租情况。美国的物业管理成本不菲,说到底也是会影响今后收益的一个环节。

 

Step 5: Besides option fees, the buyer needs to deposit a certain amount of earnest money, normally 1% of the sales price, to a designated bank escrow account of a title company within 3 days (negotiable) from the effective date of the contract. If buyer fails to do so, buyer will be in default taking risk of contract termination by seller. In the option period, earnest money should be refunded to buyer when buyer terminates the contract with his unrestricted rights. After the option period, whether the earnest money is refundable to buyer or not depends on whether the buyer or seller is in default.

 

这是说除了意向金,通常签约之后还会需要交纳 1% 的保证金,如果合约终止的话保证金能否退换就要看是否已经过了 option priod 以及双方如何商定了。

 

A title company in the US is a third party that makes sure the title to a piece of real estate is legitimate, issues title insurance for the property and helps buyer to record the title deed in the real estate authority of the state afterwards. The title company makes sure a property title is legitimate, so that the buyer may be confident that once he buys a property, he is the rightful owner of the property. To ensure that the title is valid, the title company will do a title search, which is a thorough examination of property records to make sure that the person or company claiming to own the property does, in fact, legally own the property and that no one else could claim full or partial ownership of the property. Once the title is found to be valid, the title company will likely issue a title policy, which protects owners against claims or legal fees that may arise from disputes over the ownership of the property. Finally a title insurance to fulfill the title policy will be issued after the whole transaction is closed. Generally there are two types of title insurance, one for buyer, the other for lender. When buyer pays by full amount of cash to purchase the property, at buyer’s expense, buyer will be issued with a buyer’s title insurance in the amount of the sales price to protect the buyer against title damages, defects and claims after he owns the property. However, if buyer purchases a property with a mortgage loan, both buyer and lender will be issued title insurances. Lender’s tile insurance insures the priority of lender’s security interest over the property in full amount of the loan. In this case for title insurance’s expenses, buyer should pay for lender and seller should pay for buyer.

 

这是介绍 Title Company 的作用和性质了,国人可能都不太熟悉这个概念,目前暂时翻译做过户公证公司吧,说起来好绕口,下面还是直接就用英文的好。它的作用主要就是作为一个第三方机构介入这个买卖过程,以保证其公正合法,同时提供针对不同情况的 insurance,通常来讲针对买卖双方都有提供,有兴趣的同学要仔细学习哦。

 

For full cash transactions, buyer should thoroughly go over the related terms in the title policy as different title policies will be subject to different exclusions such as restrictive covenants common to the platted subdivision where the property is located and utility easements created by the dedication deed of the property. Additionally in Texas, the earlier of closing date or normally 3 days after receiving the title policy from the title company, buyer may object in writing to defects, exceptions, or encumbrances to title disclosed in the title policy. Buyer’s failure to object within time allowed will constitute a waiver of buyer’s right to object. Provided seller is not obligated to incur any expenses, seller shall cure buyer’s objections within 15 days after receiving buyer’s objections and the original agreed closing date will be extended as necessary. If seller fails to cure buyer’s objections within such 15 days period, contract will automatically terminates and earnest money will be refunded to buyer. In Texas, title examination and title insurance policy issuance will take around two to three weeks from the effective of the contract. At the latest, a title company has to issue a title policy for a property 3 days before the closing date. Otherwise contract could be terminated by buyer and earnest money will be refunded to the buyer.

 

这段大致概述了买家在 closing date 之前还可以对物业提出异议,具体如何处置还是辛苦点自己看原文吧,咱们国内买家一般不常遇到这种情况,当然最好能提前想到这一步以策万全。 当然选择汇美聚财就都不会有上述的问题。

 

Step 6: Within normally 3 days before the agreed closing date, closing documents will be prepared by the title company for both parties to sign on the closing date. Closing documents usually include HUD, tax agreement, notice of settlement agent responsibility, notice of deed restrictions to purchasers and so on (In the future, we will separately explain different contents of closing documents in details if you want. This time we only focus on the whole purchase process.) Therefore both seller and buyer shall execute all contents delivered in the closing documents required for closing and issuance of title insurance. On the closing date, after deducting the paid option fee and earnest money, buyer shall pay the sales price in good funds to the escrow account of the title company. With closing documents signed and full amount of funds in the escrow account, the title company will help record the deed for the buyer in the official public record of real property in the county where the property is located, transfer funds stated in the HUD to seller and issue title insurance. After recording deed in the county, a general warranty deed conveying title will be delivered and a tax and HOA certificate showing no delinquent taxes or payment on the property will be furnished to the buyer. It is noteworthy that all liens or security interests against the property before closing should all be satisfied out of the sales proceeds after title has been transferred to buyer.

 

一般几个工作日内 Title Company 会准备好 closing document,当然提醒咱们国内买家要注意美国的节假日安排,最好能提前沟通好,美国一般到年底几个连假一起安排的话工作效率就会很低,而且每个州也有自己特定的一些节假日。后续有需要的话咱们可以再请美国朋友帮忙详细解释下 closing document 里面会包含具体哪些文件。总之到 closing date 时,买家需要打款到 Title Company 的代管账户,然后他们就会接下来再进行相关处理。这一步汇美聚财的客户们也都不需要操心,鹰眼会代为处置妥当。

 

Generally, all closing documents should be signed in the witness of the title company in the US. However, for most of the foreign investors it will not be convenient or realistic to fly a long way over just for signing. There are two ways for foreign investors to avoid this. One is to get all signed documents notarized in the domestic US embassy; the other is to sign in the witness of a licensed and certified public notary who will help investors to notarize all signed documents in the high court. The safest way for notary to be done is in the US embassy as not every country will allow public notary to notarize this sort of documents. Meanwhile, seek for a consultant or lawyer’s professional advice before going for public notary just in case of any mistakes that will affect the purchase process. From my experience, the notary process may take 3 to 5 working days after submitting the signed documents

 

这里牵涉到一个外国投资者特有的问题,就是文件签署的时候需要有效见证,美国人是可以到 Title Company 进行。咱们中国的买家可以考虑去大使馆进行见证,或者请当地具有资质的公证人在高院进行公证,一般采用大使馆的途径会比较保险些。

 

Step 7: After the purchase and sale transaction is closed, there might be some extra subsequent affairs that need to be dealt with. If the property is subject to a residential lease, a renewed lease contract should be signed between the new owner and the tenant to change landlord’s name to the new owner and the old lease contract will be replaced. Should there be any security deposits, seller shall transfer to buyer after title recording is finished. For those who purchase the property for the purpose of investment instead of dwelling, it will be essential to find a reputable property management company to maintain the property as negligence may cause troubles to the new owner, e.g. owner could be fined by HOA by not trimming grass in the garden. Additionally, it is strongly recommended that property owner should purchase property insurance as unexpected accidents could cause inestimable economic loss on the property such as fire, windstorm and theft although property insurance is not compulsory in the US. Before purchasing, owner should consult insurance agents with good records for professional advices and read carefully terms about the insurance coverage as insurance market in the US could be very complicated.

 

To come to a conclusion, these 7 steps generally constitute a full-cash property purchase process in Texas. More details of mortgage, leasing, property management and insurance will be discussed in the future.

 

到此整个物业买卖的流程就完成了,但是咱们买楼是为了收益,也就是说房子还必须能租个好价钱,要有后续必不可少的物业代管服务,以后出了啥问题要有人能帮忙解决,不会扯上官司,所以需要购买物业保险之类的事情也是必不可少的。因此鹰眼学院今后会继续介绍这些德州置业所需要考虑的全部环节细则。



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