J. Philip's Westchester Real Estate Blog: You Got an Offer. Now What?

J. Philip Faranda is based in Briarcliff Manor, NY. His market covers Westchester & the Hudson Valley. In addition to owning his growing brokerage, he ranks in the top 10 out of over 7000 agents in the EAMLS for closed transactions each year since 2007. He has appeared on ABC World News, quoted in the NY Times, AOL, AP & many other media. He is also a Vice President for the Empire Access MLS. You can reach him at (914) 723-8900.

You Got an Offer. Now What?

Unlike many parts of the country, home sellers in Westchester and the surrounding counties (all of Metropolitan New York, really) are actually a long way from signing contracts. When I sold in upstate Rochester, we'd go to contract the same day in some cases, with broker prepared templates written and approved by the local Bar Association. There were attorney approval and inspection contingencies, but 24-72 hours was the norm. Once the attorney approval and inspections were done, all contingencies were met except for the mortgage, which is normal anywhere. 

Not so in Westchester County. Once you get an offer here, there are still mountains to climb before buyer and seller sign contracts. 

  1. Meeting of the minds. Obviously, an offer often has to be negotiated, especially in a buyer's market.
  2. Home Inspection.
  3. Memos or binders.  
  4. Attorneys prepare the contracts. Not as simple as it sounds. 
  5. Once "contracts are out," then the rain dance between attorneys often (not always) begins. Buyer attorney marks it up and send revision back to the seller attorney, who has to clear the changes with the seller. This has taken weeks in the past. Sellers have to tell their lawyer to get on the phone with the other lawyer and iron out the issues expediently
  6. Once verbiage is agreed upon, the buyer signs and makes their deposit with the seller's attorney holding the down payment in their escrow account. 
Then and only then can the seller sign the contract and consider the home "under contract." Westchester and the New York area is different from just about every other place I know of. Good or bad, that is the way it is, and sellers should know this going in. 

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4 commentsJ Philip Faranda, Broker-Owner • March 07 2010 10:45AM

Comments

Philip, that sounds tough. We are lucky that we are a Titile state and lawyers don't get involved unless one of the parties wants one involved.

Posted by Ted Tyndall- FL Homes for Sale-Palencia, World Golf Village,Nocatee,St. Augustine (Davidson Realty Inc.) almost 2 years ago

I have been involved in the sale of property in NY and in MA and I hated it each time.  My sympathies to you because it is so difficult to get to the end of the transaction - I am a lawyer and I still think lawyers add virtually nothing to the deal and just take time and cost money - sorry that you have to go through it!

Posted by Lise Howe, Assoc. Broker and Attorney Licensed in DC, MD, VA,Coldwell Banker (Coldwell Banker Residential Brokerage Chevy Chase) almost 2 years ago

Phil, Despite the difficulties, I know the clients I serve in Westchester love it there and never want to leave.  I haven't lived there and real estate anywhere in New York is a challange but you serve a lovely area!

Posted by Laura Cerrano and Carole Provenzale Owner, Feng Shui Long Island & New York (Feng Shui Long Island & New York City/Feng Shui Manhattan ) almost 2 years ago

Phil, Being born raised and starting my Real Estate Career in Westchester, imagine my surprise when I expanded up state an into CT to find the contract as a vehicle to submit an offer to purchase.

Certainly a learning curve either way, but I am wondering on your take. I actually like the idea of both a buyer and seller being bound by terms and price before buyers start spending money on the house for inspections, radon and water tests.

Larry Jensen, Principal Broker ~ NY & CT
St. Lawrence Properties, LLC
www.SLPNYCT.com

Posted by Larry Jensen almost 2 years ago

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