j*y
2 楼
还没建好的新房是有这个问题。
总体来说，跟builder签的合同 比 标准的买旧房的合同, 经常不利于买家。
builder给的合同是他们自己定的条款，很多项目都是保护builder，套牢买家。 自己
一定要千万小心。不过都可以谈，当然空间很小。
标准的买旧房的合同是 代理协会买卖双方代理权力义务比较公正。
利率是一个例子。 还有其他很多细节。
我原来是看新房，后来研究了合同发现陷阱太多，风险大。 还是买旧房对买家的保护
条款更多。
总体来说，跟builder签的合同 比 标准的买旧房的合同, 经常不利于买家。
builder给的合同是他们自己定的条款，很多项目都是保护builder，套牢买家。 自己
一定要千万小心。不过都可以谈，当然空间很小。
标准的买旧房的合同是 代理协会买卖双方代理权力义务比较公正。
利率是一个例子。 还有其他很多细节。
我原来是看新房，后来研究了合同发现陷阱太多，风险大。 还是买旧房对买家的保护
条款更多。
j*y
3 楼
把我当时对新房合同的不满之处贴出， 你自己对照自己的合同看看有没有类似的trap：
Just got a contract sample from SHEA sales office. There are some suspicious
terms which would definitely prevent me from signing a contract like this.
Here are just a few excerpt:
" 10.4 Loan Approval Deadline: .. within 30 calendar days after the
Effective Date (contract signing date), Buyer shall deliver to Seller
written verification of Loan Approval..
If Loan Approval is obtained within the time required, it shall be presumed
conclusively that Buyer's loan contingency has been permanently satisfied
and that Buyer is obligated to purchase the Property. The loan contingency
remains satisfied even if the Lender's subsequent appraised value of the
Property is less than the Purchase Price."
I was told by the sales lady that: There were two loan approvals: the first
happens after putting deposit and sign contract.
So the builder can have faith in the buyer before starting constructions.
Another happens around 30-60 days before the expected closing date, so buyer
can shop around and lock the rates/fees. The contract would be canceled
if either of the loan approvals does not go through.
But the contract says the loan contingency only relies on one approval and
after that you are obligated to buy and there no loan contingency anymore.
What would happen if the loan does not finally go through?
Also, I was told that SHEA would adjust price if appraised value is less
that the purchase price.
But the contract says "the loan contingency remains satisfied".
10.5 Loan Terms: ".. Buyer may not change Lender after receiving loan
approval without seller's written approval. "
My question: Buying a new home to be built takes 6-10 months. Interest rates
/loan fees quoted by a lender at time of loan approval
will mostly change when time approaches the closing date. Does this term
mean the buyer is stuck with the original lender even if the actual interest
/fee at the closing date is not acceptable?
10.6 Appraisal: "..If the appraised value results in a reduction in the loan
amount described in Section 5, Buyer shall be obligated
to pay the difference in cash at Close of Escrow."
My comments: Aha, what the lady told me was the the seller(SHEA) would pay
the difference. Somebody lied to my face!
11 Design and material: "Seller reserves the right, in its sole discretion,
to substitute materials, fixtures, equipment and appliances for those
specified in the plans or any standard item displayed in the model homes."
My comments: Basically, you may not get what you have seen or even what
have been put into written about the new home. Seller can just do whatever
they want for the new home, without any agreement from a buyer. This term is
against common sense of any buying-selling transaction.
18. Customer walk thru. "During the customer walk thru (and no persons other
than Buyer without the consent of Seller), Buyer and Seller shall make a
list of corrective work, if any, .. In the event the parties cannot agree on
the contents of the Corrective Items List, such disagreement shall not
cause a delay in the close of escrow. Seller shall complete the corrective
items list as soon as reasonable practical, which may be before or after
Close of Escrow.
Under no circumstances shall the correction work delay Close of Escrow. "
My comments: OK. SHEA does not want you to have professional inspector to
help your walk-thru. Even for problems found by a layman customer,
they can disagree with the problem, or take their time to fix it , BUT
nothing can prevent them from closing the deal!
OK. I think I am fed up with SHEA's representative's bold lies and those
ridiculous terms in the contract. I thought that buying a new home directly
from a build would be safer than buying a resale, but the reality is that I
may be protected much better under a standard C.A.R. contract. SHEA's
purchase contract is their own customized one which is definitely designed
to protect their own interests to the most while putting a buyer to the
ultimate obligations.
Just got a contract sample from SHEA sales office. There are some suspicious
terms which would definitely prevent me from signing a contract like this.
Here are just a few excerpt:
" 10.4 Loan Approval Deadline: .. within 30 calendar days after the
Effective Date (contract signing date), Buyer shall deliver to Seller
written verification of Loan Approval..
If Loan Approval is obtained within the time required, it shall be presumed
conclusively that Buyer's loan contingency has been permanently satisfied
and that Buyer is obligated to purchase the Property. The loan contingency
remains satisfied even if the Lender's subsequent appraised value of the
Property is less than the Purchase Price."
I was told by the sales lady that: There were two loan approvals: the first
happens after putting deposit and sign contract.
So the builder can have faith in the buyer before starting constructions.
Another happens around 30-60 days before the expected closing date, so buyer
can shop around and lock the rates/fees. The contract would be canceled
if either of the loan approvals does not go through.
But the contract says the loan contingency only relies on one approval and
after that you are obligated to buy and there no loan contingency anymore.
What would happen if the loan does not finally go through?
Also, I was told that SHEA would adjust price if appraised value is less
that the purchase price.
But the contract says "the loan contingency remains satisfied".
10.5 Loan Terms: ".. Buyer may not change Lender after receiving loan
approval without seller's written approval. "
My question: Buying a new home to be built takes 6-10 months. Interest rates
/loan fees quoted by a lender at time of loan approval
will mostly change when time approaches the closing date. Does this term
mean the buyer is stuck with the original lender even if the actual interest
/fee at the closing date is not acceptable?
10.6 Appraisal: "..If the appraised value results in a reduction in the loan
amount described in Section 5, Buyer shall be obligated
to pay the difference in cash at Close of Escrow."
My comments: Aha, what the lady told me was the the seller(SHEA) would pay
the difference. Somebody lied to my face!
11 Design and material: "Seller reserves the right, in its sole discretion,
to substitute materials, fixtures, equipment and appliances for those
specified in the plans or any standard item displayed in the model homes."
My comments: Basically, you may not get what you have seen or even what
have been put into written about the new home. Seller can just do whatever
they want for the new home, without any agreement from a buyer. This term is
against common sense of any buying-selling transaction.
18. Customer walk thru. "During the customer walk thru (and no persons other
than Buyer without the consent of Seller), Buyer and Seller shall make a
list of corrective work, if any, .. In the event the parties cannot agree on
the contents of the Corrective Items List, such disagreement shall not
cause a delay in the close of escrow. Seller shall complete the corrective
items list as soon as reasonable practical, which may be before or after
Close of Escrow.
Under no circumstances shall the correction work delay Close of Escrow. "
My comments: OK. SHEA does not want you to have professional inspector to
help your walk-thru. Even for problems found by a layman customer,
they can disagree with the problem, or take their time to fix it , BUT
nothing can prevent them from closing the deal!
OK. I think I am fed up with SHEA's representative's bold lies and those
ridiculous terms in the contract. I thought that buying a new home directly
from a build would be safer than buying a resale, but the reality is that I
may be protected much better under a standard C.A.R. contract. SHEA's
purchase contract is their own customized one which is definitely designed
to protect their own interests to the most while putting a buyer to the
ultimate obligations.
b*a
4 楼
在正常不过了。谁也没法预料6个月以后的利率
【在 w***n 的大作中提到】
: 只给loan contingency，builder说他们没法控制利率
: 现在年底利率呼呼的涨，有点吓人啊
【在 w***n 的大作中提到】
: 只给loan contingency，builder说他们没法控制利率
: 现在年底利率呼呼的涨，有点吓人啊
w*n
5 楼
房子已经建好，ready for move in.
【在 b*a 的大作中提到】
: 在正常不过了。谁也没法预料6个月以后的利率
【在 b*a 的大作中提到】
: 在正常不过了。谁也没法预料6个月以后的利率
w*n
6 楼
holy crap!
did you buy a brand-new home eventually?
trap：
suspicious
presumed
contingency
【在 j****y 的大作中提到】
: 把我当时对新房合同的不满之处贴出， 你自己对照自己的合同看看有没有类似的trap：
: Just got a contract sample from SHEA sales office. There are some suspicious
: terms which would definitely prevent me from signing a contract like this.
: Here are just a few excerpt:
: " 10.4 Loan Approval Deadline: .. within 30 calendar days after the
: Effective Date (contract signing date), Buyer shall deliver to Seller
: written verification of Loan Approval..
: If Loan Approval is obtained within the time required, it shall be presumed
: conclusively that Buyer's loan contingency has been permanently satisfied
: and that Buyer is obligated to purchase the Property. The loan contingency
did you buy a brand-new home eventually?
trap：
suspicious
presumed
contingency
【在 j****y 的大作中提到】
: 把我当时对新房合同的不满之处贴出， 你自己对照自己的合同看看有没有类似的trap：
: Just got a contract sample from SHEA sales office. There are some suspicious
: terms which would definitely prevent me from signing a contract like this.
: Here are just a few excerpt:
: " 10.4 Loan Approval Deadline: .. within 30 calendar days after the
: Effective Date (contract signing date), Buyer shall deliver to Seller
: written verification of Loan Approval..
: If Loan Approval is obtained within the time required, it shall be presumed
: conclusively that Buyer's loan contingency has been permanently satisfied
: and that Buyer is obligated to purchase the Property. The loan contingency
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