I often hear people fantasize
about buying property in the country; if asked, I suggest that before they
begin their search they clearly define their goals for the purchase, both
short-term and long-term.
Defining their goals will go a long way in ensuring the property ultimately
purchased will serve their needs.
For example, a weekend getaway a
short drive from your current home may have very different requirements than a
place that will eventually become your full time home and a business
enterprise, such as farming, ranching or tourism.
Do your homework – the Internet
provides access to a vast array of information, use it to your advantage to help
narrow your search to locations and communities which meet your needs. On-line
databases of real estate listings aid in finding property listings in all 50
states in the U. S.
Depending on the type of property
you desire determine areas of the country that might be good candidates – research
the personal and property taxes in those areas, the demographics, school
districts (if applicable), medical facilities, roadways and transportation,
utilities and costs. If you plan on farming, ranching – for that matter any
form of agriculture, research the best areas to support this in terms of
climate, soil, rainfall, markets for your product, etc., and pay close
attention to the current asking price for properties in the area! If you will
be financing the purchase, find financial institutions that are willing to work
with you on the purchase of country properties and determine their terms for
financing! Some institutions have limits and guideline on financing rural
properties – some will not finance acreage.
Do these things before
enlisting the help of a realtor! Keep in mind that most realtors work on a
commission basis; they appreciate working with clients who can clearly
articulate their needs with respect to a property, have their finances in
order, and are serious about making a purchase. Also keep in mind, that all realtors
are not equal.
Before choosing a realtor –
interview the realtor to ensure he or she possesses the knowledge and
experience to ably assist your purchase of country property. I do not recommend
engaging a realtor that is not familiar with the area in consideration and/or
the sale or purchase of country properties. Just because a realtor has won
awards for the number of homes sold in the city or suburbs does not mean he or
she has the knowledge to ask the “right” questions in transactions involving country
properties with acreage.
Oftentimes, buyers will contact a particular
realtor because that realtor has a property “listed” for sale in an on-line
database, for example, www.realtor.com. The
realtor that advertises the property for sale can either be the owner of the
property or has been engaged by the property owner to assist with the sale of
their property. Buyers need to determine from the onset of contact with a
realtor, who the realtor would represent in the transaction if the buyer
decides to make an offer on the property. This is important – if the realtor is
not going to represent you – the buyer – you will not be able to rely on the
realtor for advice during the transaction; if you are not personally knowledgeable
and experienced in the purchase of country property, this can place you in a
serious disadvantage, both when the offer is written and negotiating terms of
the contract through closing of the sale. Once you determine who the realtor
represents, you can better decide how to proceed. For example, the realtor,
even though he or she represents the owner, can schedule a “showing” of the
property to afford you the opportunity to view the property in detail. The owner’s
realtor may also supply you with certain information about the property, i.e.,
a “Sellers Disclosure”, if asked.
A “Sellers Disclosure” is a
document the owner of the property fills out that provides information on the
property, such as the location, the amount of land, the condition of the
property, etc.; this document should be part of the documents the realtor
receives from the owner at the time of “listing”. All states may not require
this document – and it may not be called by the same name – but ask the realtor
for a copy of anything the owner may have provided that discloses information
about the condition of the property, taxes, location of the property, current
survey availability, etc.
To clarify for those who may not
be familiar with the term, a “listing” is an agreement between a realtor and
the owner of a property; it lays out the legal description and location of the
property for sale, asking price, and other pertinent information such as how
the realtor will be paid if the property is sold – usually the realtor is paid
by commission based on the final sale price of the property.
The realtor representing the
owner may legally, depending on state laws, be allowed to help the buyer in
completing a written offer to the owner for consideration. If the owner accepts
the offer, this written offer usually becomes a “contract for purchase”. However,
again depending on state laws, the realtor may then be placed in a position of
“neutrality” for the duration of the sale and only allowed to pass information
back and forth between the parties – but no advice could be dispensed to either
party. If both the seller and the buyer are knowledgeable about real estate
transactions, this situation may be acceptable to them, if not, it is best that
each party – the seller and the buyer – have their own realtor representing
their separate interests in the sale. Keep in mind, real estate sales are no
less a “buyer beware” industry than the used car business!
Now, what I am about the write may
not make me popular with realtors, but so be it. When dealing with realtors,
even a realtor you have engaged to represent you in a real estate transaction –
be circumspect! Do not engage in banter about your personal affairs, don’t
“gush” over a particular property – don’t reveal any information that you would
not want the opposing side of the transaction to know about you or your
finances. Believe me, this is “intel” that may influence the terms of the
contract. All the realtors should be concerned with is the transaction at hand
– what property is being purchased, the price and how will it be paid for, the
specific tasks to meet the contractual requirements, and when the sale will be
closed and they get paid – period!
You have the right to have
inspections done on structures – home and other buildings; you can also have
inspections done of the septic system, the water well, and perform soils tests.
These things must be included as written requirements with the offer to the
owner.
The realtor listing the property
for sale should ensure the person signing the “listing” agreement has the
authority to place the property on the market, either as the owner of the
property or the owner’s agent. If there is a discrepancy between the name on
the listing agreement and the name on the appraisal district rolls as the owner
of the property – question the discrepancy. This may avoid a lot of confusion
later on in the process.
When dealing with country
property, there are many things you must consider, such as water and mineral
rights – for example, has any of these rights been sold separate from the
property and what is the potential impact of buying a property in this
situation?
Are there current leases on the
property, such as leases to drill for oil and gas, grazing, farming, mining,
timber, etc. – if so, what are the terms of the leases?
Is there a current survey on the
property – if not, what is the cost and time frame for getting one in hand? I
do not recommend purchasing any property without an acceptable survey – you
need to ensure the property you think you are purchasing is in fact THAT
PROPERTY! People have bought property thinking they were buying 100 acres, but
when the survey was completed this was not the case. Financial institutions
will not make loans on real estate without an acceptable survey.
Are there pipelines, utility
lines or other “right-of-ways” running across the land that will prevent
certain areas of the property from being fully utilized?
Are there any federal, state or
local regulations or ordinances that impact usage of the property, for example,
remodeling structures? Are there known endangered species living on the
property or wetland areas that cannot be developed by law? Are there parts of
the land that cannot be utilized due to seasonal flooding or extreme geography?
Are there current local tax
exemptions on the property, such as agriculture or timber exemptions – will you
be able to maintain these exemptions after purchase and if not, how will this
affect your property taxes? Keep in mind if the owners are elderly or disabled,
there may be tax exemptions on the property that you may NOT be eligible to
maintain and will definitely affect your taxes!
How is the property accessed? You
will occasionally find country property for sale that is “landlocked” – no
legal access to the land exists from a public roadway? If access is not via
public road frontage, is access provided via someone else’s property? Are there
restrictions on using this access? Must you purchase additional land to be able
to access your land? Just keep in mind, if there is no legal access, you can be
cut off from accessing your land at any time.
Are there crops, equipment or
livestock that must be considered in the sale and if so, how will these issues
be handled as part of the sale?
These are some of the
considerations when purchasing country property - buying country property can
be more complicated than purchasing property in the city.
Some advice I will pass along, 1) be on-hand for ALL inspections and 2) as the buyer you have the choice of which company to handle escrow deposits and closing documents for the sale of the property; chose an office within driving distance of the property. Arrange with your realtor for you both to do a "walk-through" of the property at the shortest possible time before closing. Your realtor should inform the seller's realtor of the intent to do a "walk-through" prior to closing - it does not matter if it is just raw land with no structures - do a "walk-through" prior to closing. This puts the seller on notice! The goal is to ensure the seller has done what was laid out in the contract with respect to removal of items from the property prior to sale or requested repairs have been made satisfactorily, or that they have not removed or damaged something that was part of the contract for sale. Believe me, some people can be quite naughty about meeting contractual requirements and a last minute "walk-through" may save you from closing before contractual requirements have been met. Failure to comply with contractual requirements constitutes a breach of contract! If this happens refuse to close on the property until the seller has complied fully with the contract. DO NOT CLOSE AND THEN EXPECT THE SELLER TO COMPLY!
Take your time, do your homework,
and get someone knowledgeable to help you find the right piece of property and
negotiate the sale if you are not experienced in country property purchases. It
can save you a lot of heartache and a negative impact on your bank account!