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You've Opened Escrow, Now What? (Duplicate)

Buyer Guide · Waltham, MA

You've Opened Escrow. Now What?

Congratulations, you are on your way to owning your very own home! Follow these suggestions (and your realtor's advice) so that escrow and settlement will go as smooth as possible.

  • 3 steps
  • Often 30 days in escrow
  • Final walk-through

Dave DiGregorioColdwell Banker RealtyWaltham, MA

01 Your money

Down payment & deposit

You will be asked for a down payment on the home you are purchasing.

Down payment

How much to put down

You can choose to put down as much or as little as you want (depending on your mortgage), but remember, the more you put down toward the total price of your home, the less time it will take you to pay off and the less your mortgage payments will be every month.

Third party

Escrow or settlement company

During this period of purchasing your home, you are going to need an escrow or settlement company to act as an independent third party so that you know when and who to give your money to get the deed to your new home.

The escrow or settlement company will hold your deposit and coordinate much of the activity that goes on during the escrow period. This deposit check may also be held by an attorney or in the broker's trust account.

Make sure that there are sufficient funds in your account to cover this check.

Deposit check

Where your deposit goes

The deposit check will be cashed. Assuming the sale goes through, this money will be applied to the purchase price of the home.

If for any reason the sale is not consummated, you may be entitled to receive all of your deposit back, less standard cancellation fees. In certain instances, the seller may be able to retain this money as liquidated damages.

Prior to executing a purchase contract, it would be wise to speak with your counsel regarding whether or not it is in your best interest to have a liquidated damages clause as part of the contract.

02 In escrow

The escrow period

The period that you are "in escrow" is often 30 days, but may be longer or shorter. During this time, each item specified in the contract must be completed satisfactorily. By the time you have opened escrow, you have come to an agreement with the seller on the closing date and the contingencies. Each contract is different, but most include the following:

  1. Inspection contingency

    This should be completed as soon as possible after the contract to purchase is signed as unsatisfactory results of the inspection may mean that you will want to cancel the contract.

  2. Financing contingency

    Once the contract is signed, you have a period of time to secure funding. If, for any reason, you are unable to secure funding during the period of time granted to you by the contract (and the seller will not provide a written extension of time), you must decide whether you want to remove the contingency and take your chances on getting a loan. You may choose to cancel the purchase contract.

  3. Marketable title

    A requirement that the seller must provide marketable title.

03 Wrapping up

Before you close

A few things to take care of while you are in escrow, so nothing holds up your closing day.

  • Review the title report

    With an attorney or title officer, review the title report. The title must be "clear" to ensure that you do not have legal issues regarding your ownership.

  • Check local and state ordinances

    Check into local and state ordinances regarding property transfer and make sure that you and/or the seller have complied with them.

  • Secure homeowner's insurance

    This will probably be required before you can close the sale. Due to such requirements as special fire and earthquake insurance, obtaining this insurance may require a lengthy period of time. It would be in your best interest to apply for insurance as soon as possible after the contract is signed.

  • Set up utilities

    Contact local utility companies to schedule to have service turned on when you close escrow.

  • Schedule the final walk-through inspection

    At this time, you should make sure that the property is exactly as the contract says it should be. What you thought to be a "permanently attached" chandelier that would come with the property might have been removed by the seller and replaced with a different fixture entirely.

You've made it!Once the sale has closed, you're the proud owner of a new home. Congratulations!

Waltham, MA

Questions about your escrow?

Talk to Dave DiGregorio about what to expect between the signed contract and the closing table.

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