Pending Home Sale: A Comprehensive Guide to Understanding the Process and Implications

Virginia Cash Real Estate • July 21, 2023

Pending home sales refers to a transaction in the housing industry where a purchase agreement has been signed and a deposit paid, but the sale is still pending several events. Understanding this process's full implications is essential. In this guide, readers will learn the steps involved in a pending home sale, what documents to expect, and legal documents that must be completed during a transaction and its implications.

Steps Involved

Below is an overview of the steps involved and what to expect. 

Signing the Contract 

The initial step of the pending home sale process begins with signing a purchase agreement between the buyer and seller. This document outlines the terms and conditions of the sale. 

Home Appraisal 

The buyer typically orders a professional home appraisal after signing the purchase agreement. During this process, a licensed appraiser will visit the property to evaluate it and assess its value. This process helps to ensure that the buyer is not overpaying for the home. 

Home Inspection 

The listing agent typically schedules the inspection, appraisal or any other visits to the property, but the seller may need to be present to let people in. The seller may also choose to witness the inspection or opt to be out of the house. (1)

Loan Approval 

The buyer will also need to get loan pre-approval from a financial institution or lender before the sale can be finalized. During this process, the lender will assess the buyer’s financial information and other factors to determine if they are qualified for a loan and how much they can borrow. 

Closing the Sale 

Once the necessary steps are completed, the buyer and seller can close the sale. During this process, the buyer will pay the purchase price, and any other required costs, such as closing costs and property ownership, will be transferred to the buyer.

Documentation Overview

Documentation is an integral part of executing a successful pending home sale. Buyers and sellers alike must understand the types of documents required to complete the transaction and be prepared to provide them. 

Mortgage Loan Commitment

Buyers obtaining a loan to finance their new home must submit a loan commitment from the lender. This document informs the seller that the buyer has been approved for a loan. 

Purchase Agreement

This outlines the terms of the sale and should include the offer amount, financing details, earnest money deposit, closing date, and other vital conditions. 

Title and Survey

The buyer should obtain a title and survey of the property to ensure the buyer has a clear title and any rights or potential legality issues. 

Disclosures

Depending on the state, applicable disclosures such as the Seller’s Property Disclosure, Lead Paint Disclosure, or state-mandated disclosures may need to be completed. 

Inspection and Appraisal

Buyers may choose to obtain an inspection of the property to check the overall condition. An appraisal may be required to confirm the value of the property. 

Insurance Policy

Homeowners insurance is required; the buyer and seller should obtain the applicable insurance policies.

Implications on Buyers

Pending home sale transactions often involve:

Cash-In-Lieu of Closing Costs

The cash home buyers in Virginia Beach Virginia may be responsible for paying cash-in-lieu of closing costs, including loan origination fees, title insurance premiums, appraisal fees, etc. These fees can be substantial, so buyers must understand these charges before agreeing to a pending sale. 

Property Taxes and HOA Fees

It is essential to be aware of the property taxes and HOA fees associated with the property. When calculating the overall purchase price, these charges must be considered and can significantly affect the monthly mortgage payment. 

Mortgage Pre-Approval and Income Verification

To secure a mortgage, buyers must provide a lender with documents such as a pre-approval letter and proof of income. Ensuring these documents are in order before negotiations for a pending sale is essential.

Credit Score and Debt-to-Income Ratio

Buyers should review their credit report and ensure their debt-to-income ratio aligns with lender requirements before signing a purchase agreement.

Implications on Sellers

For sellers, pending home sale transactions typically involve

Negotiating the Terms of the Sale

Sellers engaging in a pending home sale must negotiate with the cash home buyers in Virginia Beach and consider any issues that may arise during the transaction. This includes deciding on the sale price, closing costs, repairs to be made, and other vital features of the sale. 

Fulfilling Home Repair Requests

Pending home sales often involve the buyer making necessary repairs or improvements to the home before the sale. Sellers must provide accurate and up-to-date information regarding the property's condition to avoid any additional repairs a buyer may have to make. 

Signing Agreements and Documents

During a pending home sale, the seller must sign the necessary paperwork and contracts to protect all parties legally. These documents include a sales contract, title commitment, and deed of trust. The parties must ensure that all documents are accurate and comply with state and local regulations. 

Arranging for Closing

When the transaction terms have been agreed upon with we buy houses Chesapeake, the seller must arrange for closing. This includes securing the necessary paperwork and completing the required legal documents. Sellers should be aware of the timelines and deadlines associated with the closing process. 

Accountability and Legal Documents

The pending sale process involves a variety of legal documents that must be completed and signed by the buyer and the seller. These documents include

Contracts

Contracts outline all the terms of the transaction, including the specific rights and obligations of the parties involved, as well as the time frames for completion of the transaction. 

Closing Disclosure

The lender generates a closing disclosure and contains all the final costs and fees associated with the loan. It must be signed by both the borrower and the seller and is used to determine the final closing cost and cash-to-close figures. 

Title Documents

Title documents, typically handled by a title company or a closing attorney, require that the buyer and seller agree to the deed of trust, which confirms the status of the title to the property. 

Escrow Agreement

The escrow agreement dictates the timeline for the transaction. It also outlines the penalties for any late fees or other violations.

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