BUYING A HOME IN PENNSYLVANIA
Buyer makes offer using PAR Agreement of Sale:
A. Agreement of Sale
The preprinted
Agreement of Sale used by most area Realtors is produced by thePA Association of Realtors in conjunction with the Lehigh Valley Association of
Realtors and should be completed with an Agent’s assistance.
B. Customary Provisions
1. Customary Deposit
The earnest money or good faith deposit that accompanies the offer is customarily
in the range of up to ten percent (10%) of the purchase price. The Buyer’s
personal check is made payable to the Listing Broker who must deposit the check
in a separate escrow account when the offer is accepted.
2. Mortgage Contingency
Any conditions regarding new financing or loan assumptions are written in the
Agreement of Sale. As a rule, a Buyer is given four to five weeks to obtain a firm
loan commitment. A Buyer has ten (10) banking days to apply for a mortgage
after signing of an Agreement by a Seller.
3. Adjustments and Prorations
Unless otherwise provided, the following items shall be prorated and adjusted
between the parties or paid at closing:
(a) Taxes on real property shall be prorated on a fiscal year or calendar year
basis to the date of closing.
(b) Any remaining fuel or propane gas left with the property.
(c) Rents/security deposits, if any, for the property shall be prorated at
closing.
(d) Accrued, but unpaid, interest and other charges to Seller, if any, shall be
computed to the date of closing, and paid by the Seller. Interest and other
charges pre-paid by Seller shall be credited to the Seller at closing, and paid
by the Buyer. Other charges to the Buyer may include HA mortgage
insurance premiums, and private mortgage insurance premiums.
4. Conveyance of Title
Seller agrees to convey title by Special Warranty Deed at closing. The average
time from execution of contract to closing varies, but is typically 60 days.
C. Contingency Clauses
1. Professional Home Inspection
A Buyer has the option to have (at Buyer’s expense) a professional house
inspection to verify that there are no major defects in the structure, electrical,
plumbing, mechanical, roof, and the heating/cooling systems before the contract
becomes final. Other property inspection items may include Radon, Pool, Well
and Septic.
2. Wood Destroying Insect Infestation Report
See Wood Destroying Insection Infestation Report contained in the Agreement of Sale.
3. Sale of Present Home
Occasionally, the purchase of a new home is contingent upon the sale of the
Buyer’s present home, which is conditioned upon the acceptance by the Seller. In
this case, there is usually a time limit on the contract, and the Seller’s home is kept
on the market during this period. The Buyer is given 24 to 48 hours in which to
remove the contingency in the event of an acceptable offer from a new, qualified
Buyer.
D. Financial Information
With the Agreement of Sale, Buyers are asked to fill out a Financial Information Form.
The information is then reviewed by the Seller in order to determine the Buyer’s ability
to purchase the home.
Sales Agreement is presented to Seller, and if acceptable, is signed by Seller,
becoming a binding contract.
Buyer makes mortgage loan application to the lending institution.
A. Application
The Buyer completes an application with the loan officer, supplying necessary
information such as past and present employment, credit history, assets and liabilities.
Accurate name, address, account numbers and balances are important for expedient
lender verification. The Buyer generally pays appraisal and credit report fees at time of
application.
B. Processing
Lender orders verification of all information supplied by borrower (Buyer), and a credit
report. Lender orders appraisal of subject property. When the loan package is complete,
the loan officer submits the package to the loan committee for review and approval.
Lender approves the application and issues commitment to Borrower.
Buyer should instruct the mortgage lending institution to provide his/her Realtor and the Seller’s
Realtor with a copy of the mortgage commitment document.
Lender submits closing instructions to the closing agent, who completes
preparation for closing.
The closing agent performs a title examination, title insurance, mortgage insurance (if
necessary), prepares a new deed, closing statement, calculations, and preparation of necessary
Buyer exercises right of pre-settlement inspection, and completes arrangements for
closing and moving.
A. Property Insurance
Buyer arranges appropriate property homeowners insurance for coverage of real
estate and personal effects.
B. Pre-settlement Inspection
The Buyer exercises the right of pre-settlement inspection prior to closing.
C. Utilities
The parties involved notify the utilities (gas, electric, water, etc.) to change billing
from Seller to Buyer, effective as of the date of closing or occupancy, if occupancy
precedes settlement.
Fuel oil proration at time of settlement, if applicable.
The closing settlement takes place to complete transfer of title, loan
documentation, and cash settlement.
A. Location
The closing settlement is usually held at the office of the lending institution, or the
Title Company, or attorney who will also conduct the settlement.
B. Procedures
1. The closing Agent will review the closing statement with the Buyer and Seller
to itemize all receipts and expenditures including prorated adjustments.
2. The Buyer’s usual closing costs when a new loan has been obtained include
fees for loan origination, credit report, and appraisal (usually prepaid), title
insurance, documentation, recording, and transfer tax.
3. The closing Agent obtains necessary signatures on all documents, including the
deed.
4. The Buyer pays the balance due on the purchase price, and the closing expenses
with either a personal or certified check.
5. Seller receives proceeds for sale of property and conveys title by Special Warranty Deed to Buyer.
6. Pertinent documents are recorded in the public records at the courthouse by
the closing Agent.