General questions
Earnest money is something of value (called “consideration”) that a buyer puts forth to bind an agreement, such as the sale of real estate. Earnest money is forfeited by the buyer if he or she fails to carry out the terms of the contract. It’s up front money from a buyer to show a seller that the buyer is serious about the purchase. The money is usually deposited into an escrow account and is usually applied toward the buyer’s down payment.
Closing costs are expenses incurred by buyers and sellers when the ownership of the property is transferred. These are usually negotiable items as to who will be responsible for their payment. Examples of closing costs include recording fees, documentary fees, real estate commission, taxes prorations, settlement fees, and title insurance.
Contingencies are “what ifs” in a real estate purchase and sale contract. They allow a buyer or seller to void the contract if certain items aren’t met. Examples of real estate contingencies are appraisal, inspection, house sale, and loan approval contingencies.
A loan commitment letter is given by the lender to the borrower stating the terms under which the lender has agreed to the loan. This is often considered “loan approval” which will allow the buyer to proceed with consummation of the real estate purchase.
Title Insurance insures a buyer that he or she is getting clear title to the property without any liens or encumbrances. A title insurance company researches the county records to see what has been recorded on the property. The title commitment will show what loans need to be paid off and what restrictions, if any, are on the property. The cost is determined by the sale price and varies with insurers. Typically, the seller pays for the policy, and any endorsements required by the buyer’s lender are usually a buyer’s responsibility.
Other questions
Recently sold properties that are similar in size, location, and amenities to the home for sale are considered “comps”. You may hear this word when an appraiser or Realtor is helping to determine the fair market value of a property.
Also known as “hazard insurance”, homeowners insurance covers losses caused by fire, hailstorms, or other casualty on the property. Lenders usually require the buyer to have insurance in an amount equal to or greater than the loan amount. Flood insurance is required by the lender if the property is in a flood hazard area/flood plain. Condominiums and townhomes are somewhat different, as certain items may be covered by the homeowner’s association fees.
Mortgage life insurance is optional and is usually term life insurance that is obtained in the amount of the loan on the home. Paid for by the buyer/borrower, it is usually taken out in an amount that will pay the house loan off, if the buyer dies.
A prepayment penalty is a penalty fee charged to the borrower for paying off a mortgage early, thus allowing banks (or owners, if they do the financing) to still make money off of the loan. Most loans these days do not have prepayment penalties, but it is advisable to check into this before signing any loan paperwork.
Home warranty plans can be purchased at the time a home is bought. They usually cover major items in the home such as the furnace and appliances. It is not a replacement for homeowners insurance, but can provide additional coverage for some items.