With the market in our area continuing to perform well and prices starting to rise above the pre-recession peak, many home owners are beginning to consider cashing out their equity in their current property in order to trade up to a larger home. If you are a homeowner who bought in 2011 or 2012 near the bottom of the market crash, you could be in a particularly good position to move up. However, if you need to sell your current home first in order to purchase a new home, it’s important that you understand how contingent offers work and how to best protect your deposit money throughout the process.

If you’d like to move forward with making an offer on a home before the sale of your current property, but you need the funds from your sale in order to buy, you are writing what is called a “contingent offer”. Along with your offer paperwork, you will submit a form called a COP, which stands for “contingency for sale of buyer’s property.   The COP is hugely important to the process because it sets clear timelines for moving forward and it protects you against getting into a situation where you are contractually required to move forward with a purchase, but are unable to do so because you haven’t sold your current home.

There are three main points of negotiation included in the COP. The first is the length of your contingency. Ideally, you want the contingency for the sale of your home to remain in place until you close both properties (which is often done concurrently on the same day). However, some sellers will try and negotiate that you reduce that contingency to a shorter term – they may ask that you remove your COP after two or three weeks regardless of the status of the sale of your current home. Be sure to carefully consider whether or not you are comfortable removing the COP based on your situation. If you end up removing the COP and then run into a problem that cancels or delays the escrow on your current home, you could be at risk of losing any deposit you submitted on your replacement home purchase.

The second item specified in the COP is the length of time you have available to get your current home into escrow.   If your home is already in escrow at the time you make your offer, this item hold less importance. However, if you are making an offer before putting your current home on the market, this stipulates how long you have to get your home under contract. It is common for sellers to give buyers 14 – 21 days to get their home under contract. If you are unable to get your home into escrow within that time period, the sellers are allowed to cancel your contract. It’s important to note that if the sellers decide to cancel based on you failing to meet the timeline set for your own home sale, they are not able to keep your deposit as long as you have not removed the overall contingency for your home sale.

The final item noted on the COP deals with the sellers’ ability to market the home and accept backup offers while you are in escrow. The COP has an option that allows the sellers to accept your offer, but continue to market the house. If they get a better offer that is not contingent, they could then cancel your escrow. It’s important that you modify this term on the COP to prevent the sellers from having the right to basically kick you out of your sale if a better option comes in. There is a section in the COP that allows you to prevent the sellers from canceling your sale to accept a backup offer for a set amount of days. Ideally this amount of time would be the entire term of your escrow, but it’s more common for it to match the amount of time the sellers have given you to get your current home into escrow.

Buying and selling at the same time can be complicated and stressful process. However, if you understand the rights afforded to you by your COP, you can make sure that you have covered yourself against any unexpected issues that may arise!

Your home inspection is often the single most important day of your escrow – it’s when you finally get some answers to all those questions that have been nagging you since you first set foot in your potential new home. How old is the roof? Is there copper plumbing? Has the electrical been updated? You can try and get answers to these questions before your write your offer, but you won’t have much concrete information until your general inspection. Continue reading

Every time I sit down with buyers to write an offer to purchase a home, the first question I am asked is “What price should we offer?” The answer to that question is determined by many factors, all of which need to be carefully considered before making a final decision on price. There is no “formula” for choosing the magic number that will get you an accepted offer – the circumstances surrounding each home are different and you’ll find that your offer strategies will change with each offer you write. Continue reading

Every once in a while, I’ll turn on the TV and see one of those California tourism ads that show young, tanned people splashing in the ocean, going on wine tastings, enjoying Disneyland and mountain biking around the state. Those are the ads that make my East Coast friends green with envy when I say I’m soaking up the 85-degree weather here in Los Angeles in February. However, anyone who has ever lived in LA will probably agree that all that California sun comes at a price – a ridiculously high price. If you are considering buying a home in LA – especially if you didn’t grow up here or are moving here from another state – you are probably experiencing some major sticker shock right now. Continue reading

For most people, the first serious step in the home buying process is talking with a lender about getting pre-approved for a loan. These days, buyers generally understand that in order to know what their purchasing power is – and to have the ability to actually submit an offer on a house – you have to start with a loan pre-approval. But who should you talk to in order to complete that process? Continue reading