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How to Buy a House in California
George Devine, California Real Estate Broker; Ira Serkes, California Real Estate Broker; and Ralph Warner, Attorney
January 2013, 14th Edition
Buy a home in California using these effective strategies
A thorough, practical guide to every aspect of buying a house, How to Buy a House in California will help you make informed decisions that can save you thousands of dollars. With this bestseller in hand, you'll learn how to:
- choose a house and neighborhood
- find the right agent
- get the most up-to-date information on mortgage options and rates
- take advantage of creative financing strategies – from seller financing to government loans
- figure out how much down payment you can afford
- make an offer and negotiate with confidence for the best price
- buy a new house in a development
- inspect a house for physical problems and environmental hazards
- juggle buying and selling houses simultaneously
- successfully go through escrow
This edition is completely updated to reflect a new housing market. You'll get the most up-to-date information on how to perform effective research before you decide on the price and terms of your offer. Plus, you'll get the lowdown on the ever-changing process of securing financing successfully.
Check out Nolo's list of California products for your other legal tasks. Not a California resident? Check out Nolo's Essential Guide to Buying Your First Home for information on buying a home in your state.
“A valuable resource for California homebuyers and real estate professionals.”
- San Francisco Chronicle
“The most complete book for California homebuyers.”
- The Los Angeles Times
“Brimming with information on buying a house in California.” >
- Oakland Tribune
- Ideal House Profile
- House Priorities Worksheet
- House Comparison Worksheet
- Family Financial Statement
- Directions for Completing the Family Financial Statement
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George Devine
George Devine is a licensed real estate broker and a widely respected educator in the real estate field. He holds a B.A. from the University of San Francisco, and an M.A. from Marquette University, and has pursued additional studies at San Francisco State University, Seton Hall University, Fordham University, New York University, the University of California at Berkeley and other academic institutions. Currently, he teaches real estate at the McLaren School of Business at the University of San Francisco, where he was named the Outstanding Adjunct Professor. For several years, George wrote the popular "Real Estate Handbook" column in the weekly Real Estate Guide section of the San Francisco Progress. He is the author of For Sale By Owner in California and co-author of How to Buy a House in California.
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Ira Serkes
Ira Serkes is a local Realtor with RE/MAX Real Estate (www.berkeleyhomes.com) and a Certified Residential Specialist. He and his wife, Carol, specialize in helping home buyers and sellers throughout the east bay. He is a founding member of The Institute for Luxury Home Marketing and author of Nolo's How to Buy a House in California and Get the Best Deal When Selling Your Home -- San Francisco Bay Area Edition from Gabriel Publications. Serkes is also a graduate of Realtors Institute (GRI), a Certified Internet Real Estate Professional (e-Pro), a Seniors Real Estate Specialist (SRES) and one of only 4,000 U.S. an Accredited Buyer Representatives (ABR).
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Ralph Warner
Ralph "Jake" Warner, a pioneer of the do-it-yourself law movement, founded Nolo with Ed Sherman in 1971. Nolo began publishing do-it-yourself law books written by Jake and his colleagues after numerous publishers rejected them. When personal computers came along, he added software to many Nolo books. When the Internet arrived, he championed the move online, where Nolo published huge amounts of free legal information.
In addition to running Nolo for much of its first 40 years, Warner was an active editor and author. He wrote many books, including Retire Happy: What You Can Do Now to Guarantee a Great Retirement and Save Your Small Business: 10 Crucial Strategies to Survive Hard Times or Close Down & Move On. Today, he operates a storytelling repertory group, Jake's Tales, devoted to keeping alive the tradition of telling children wonderful stories.
Warner holds a law degree from Boalt Hall School of Law at the University of California at Berkeley and an undergraduate degree in history from Princeton.
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1. Describe Your Dream Home
- You Know the House You Want to Buy
- Don’t Be Talked Into Buying the Wrong House
- Identify Your Ideal House Profile
- Create a House Priorities Worksheet
- Prepare a House Comparison Worksheet
2. How Much House Can You Afford?
- The Basics of Determining Housing Affordability
- Prepare a Family Financial Statement
- How Much Down Payment Will You Make?
- Estimate the Mortgage Interest Rate You’ll Likely Pay
- Calculate How Much House You Can Afford
- Tips on Improving Your Financial Profile
- Get Loan Preapproval
3. Narrowing the Affordability Gap: How to Afford Buying a House
- Why California Houses Are Expensive
- Don’t Buy a House at All—Rent and Invest Elsewhere
- Fix Up the House You Already Own
- Strategies for Buying an Affordable House
4. Raising Money for Your Down Payment
- Assisted No and Low Down Payment Plans
- Five and Ten Percent Down Payment Mortgages
- Private Mortgage Insurance
- How Much Should Your Down Payment Be?
- Using Equity in an Existing House as a Down Payment on a New One
- Using a Gift to Help With the Down Payment
- Borrowing Down Payment Money From a Relative or Friend
- Is It a Gift or a Loan? Sometimes It Pays to Be Vague
- Borrowing From Your 401(k) Plan 6
- Tapping Into Your IRA
- Sharing Equity
- Getting a Second Mortgage From the Seller
- Secure Your Loan Using Stock as Collateral
5. Working With Real Estate Professionals
- Advantages and Disadvantages of Working With a Real Estate Professional
- Work With a Real Estate Professional Paid by the Seller
- Hire and Pay an Exclusive Buyer’s Agent
- Hire an Agent by the Hour
- Buy a House Yourself With No Professional Help
- Finding a Good Agent
- How Not to Find an Agent
- Getting Rid of a Broker or Agent You Don’t Like
6. How to Find a House
- The Best Time to Look for Houses
- Where to Look for Houses
- Use an Agent With Good Skills
- Enlist the Help of Personal Contacts
- Finding a House When You’re New to an Area
- Online Help With Community and Neighborhood Information
- Finding a Newly Built House
7. New Houses, Developments, and Condominiums
- Pitfalls and Pluses of Buying a New House
- Choose the Developer, Then the House
- Using a Real Estate Agent or Broker
- Financing a New House
- Optional Add-Ons and Upgrades
- Choosing Your Lot
- Restrictions on the Use of Your Property: CC&Rs
- Dealing With Delays
- Inspect the House Before Closing
- Guarantees and Warranties
8. Financing Your House: An Overview
- How Mortgage Lenders Think
- Who Lends Mortgage Money?
- Standardized Loans: Fannie Mae, Freddie Mac, and the Secondary Mortgage Market
- Mortgage Types
- Comparing Fixed Rate and Adjustable Rate Mortgages
- The Cost of Getting a Loan
- Which Mortgage Is Best for You?
9. Fixed Rate Mortgages
- Should You Choose a Fixed Rate Mortgage If You Can Afford One?
- Not All Fixed Rate Mortgages Are the Same: Down Payments, Points, Interest Rates, and Other Variables
- Mortgages’ Lengths and Payment Schedules
10. Adjustable Rate Mortgages
- When Should You Finance With an ARM?
- Loan and Payment Caps
- ARM Indexes and Margins
- Assumability
- Prepayment Penalties
- Hybrid Adjustable Rate Mortgage
- Summing Up—What Good ARMs Look Like
11. Government-Assisted Loans
- Veterans Affairs Loans
- Federal Housing Administration Financing
- California Housing Finance Agency Programs
- Cal-Vet Loans
- Municipal Financing Programs
12. Private Mortgages
- Advantages of Private Mortgages
- Get a Loan From Friends or Relatives
- Shared Equity Transactions
- Second Mortgages—Financing by Sellers
- Second Mortgages—Financing by Private Parties Other Than the Seller
13. Obtaining a Mortgage
- Gather Information on Mortgage Rates and Fees
- Researching Mortgages Online 162 Work With a Loan Broker
- Interview Lenders
- Apply For and Get a Loan
- Get Your House Appraised
14. Buying a House When You Already Own One
- Check the Housing Market Carefully
- Bridge Financing: How to Briefly Own Two Houses
- Tax Breaks for Selling Your Home
15. What Will You Offer?
- How a Contract Is Formed
- Decide What You Will Offer
- What Is the Advertised Price?
- How Much Can You Afford?
- What Are Prices of Comparable Houses?
- Is the Local Real Estate Market Hot or Cold?
- Is the House Itself Hot or Cold?
- What Are the Seller’s Needs?
- Is the House Uniquely Valuable to You?
- How Much Are You Willing to Pay?
- Making the Final Price Decision
- Other Ways to Make Your Offer Attractive
16. Putting Your Offer in Writing
- What Makes an Offer Legally Valid
- How Offers and Counteroffers Are Made
- What Your Purchase Agreement Should Cover
17. Presenting Your Offer and Negotiating
- Notify the Seller of Your Offer
- Present Your Offer
- Bid on Two or More Houses
- The Seller’s Response to Your Offer
- Negotiate by Counteroffers
- An Offer Is Accepted—A Contract Is Formed
- Revoking an Offer or Counteroffer
- Making a Backup Offer
18. After the Contract Is Signed: Escrow, Contingencies, and Insurance
- Open Escrow
- Remove Contingencies
- Obtain Hazard Insurance
- Obtain Title Report and Title Insurance
- Conduct Final Physical Inspection of Property
- Closing Escrow
19. Check Out a House’s Condition
- Short History of California House Inspections
- Real Estate Transfer Disclosure Statement
- Natural Hazard Disclosure Statement
- Earthquake and Seismic Disclosures
- Environmental Hazards
- Lead
- Disclosure of Deaths and/or AIDS
- Disclosure of Military Ordnance
- Local Disclosures
- Inspecting the Property Yourself
- Arranging Professional Inspections
- Are the Repairs Really Needed?
- Who Pays for Defects?
- Ask for a Home Warranty
20. Legal Ownership: How to Take Title
- One Unmarried Person
- Two or More Unmarried People
- Couple or Domestic Partners Owning Together
- Married Person Owning Alone
- Partnership
- Placing the Property in a Living Trust
21. If Something Goes Wrong During Escrow
- The Seller Backs Out
- The Seller Refuses to Move Out
- You Back Out
- The Seller Dies
- You Discover a Defect in the Property
- The House Is Destroyed by Natural Disaster (Fire, Earthquake, Flood)
- House-Hungry Martians Take Possession of the House
- Finding a Lawyer
A. Welcome to California
- Climate and Geography
- Natural Hazards
- Pollution
- Nuclear Plants
- Schools
- Traffic
- Crime
- Additional Information on California
B. Real Estate Websites
- Top Real Estate Websites
- California Online
- General Real Estate Sites
- How to Find a California Statute Online
C. Planning Your Move
- Tax-Deductible Moving Expenses and Costs of Sale
- Moving Checklist: Two Weeks Before Moving
- Things to Remember While Packing
- Who Should Get Changes of Address
- Things to Do After Moving In
D. Forms
- Ideal House Profile
- House Priorities Worksheet
- House Comparison Worksheet
- Family Financial Statement
- Directions for Completing the Family Financial Statement
Index
Chapter 1
Describe Your Dream Home
You Know the House You Want to Buy............................................. 4
Don’t Be Talked Into Buying the Wrong House................................. 4
Identify Your Ideal House Profile...................................................... 5
Must Haves: Mandatory Priorities............................................... 5
Hope to Have: Secondary Priorities............................................ 6
Absolute No Ways...................................................................... 6
Create a House Priorities Worksheet................................................ 6
Prepare a House Comparison Worksheet......................................... 8
You Know the House You Want to Buy
Given your family’s needs, tastes, and finances, you probably already have a good idea of the type of house you want to buy. Because this is true, we skip the typical first chapter in many home buyers’ books, in which the author compares such things as the joys of living on a dusty road in outer suburbia to the convenience of living in a townhouse in a major city. If you haven’t already thought these things though, you may need to do some critical self-evaluation before beginning your home search.
SKIP Ahead
Already found the house you want and are mainly interested in the ins and outs of financing? Skip the rest of this chapter and move on to Chapter 2, How Much House Can You Afford?
Don’t Be Talked Into Buying the Wrong House
Like house prices nationwide, those in California fell during the recent downturn—but they didn’t fall as far, and many areas are rebounding strongly. Coauthor Ira Serkes says, “I’m seeing a shift happening, to a seller’s market.” Many California buyers still face an affordability gap between the house they’d like to buy and the one they can afford. Without an organized house-buying approach, you might be talked into compromising on the wrong house by friends, relatives, a real estate agent, or even yourself.
“Not me, I know my own mind,” you say. “Don’t be too sure,” we reply. Every day, confident and knowledgeable home seekers become so anxious and disoriented that they leap into a deal they later come to regret.
Tips on Searching New Places
Perhaps you’ve heard it said that choosing a house’s location wisely is as important as picking a good house. In a state the size of California, it’s a vast understatement to say you have a lot of locations to choose from. To help you think about specific California areas, we include Appendix A, Welcome to California.
Despite the title, Welcome to California isn’t meant only for newcomers to the state. Whether you’re a San Franciscan moving closer to a San Ramon job, a New Yorker relocating to Los Angeles, or simply someone unfamiliar with certain California areas, you’ll find a wealth of information. In addition, in Chapter 5 we discuss working with a local real estate agent to get essential information on neighborhoods.
But there’s still no substitute for your own legwork. Chat with friends and colleagues, walk and drive around neighborhoods, talk to local residents, read local newspapers, check the library’s community resources files, visit the local planning department, and do whatever else will help you get a better sense of a neighborhood or city.
Here is our method to ensure that you buy a house you’ll enjoy living in:
Firmly establish your priorities before you look at a house.
Insist that any house you offer to buy meets at least your most important priorities.
Do this even if, in buying a house that meets your top priorities, you must compromise in other areas.
In the following sections, we help you consider a range of house features, establish your priorities, and compare potential houses.
Identify Your Ideal House Profile
When looking for a house, it’s easy to become overwhelmed by the array of choices, from size to style to floor plan and fixtures. Then, there’s the issue of location—houses come in all sorts of neighborhoods, school districts, and potential hazard zones (fire, earthquake, and flood, to name a few). And, of course, price and purchase terms are crucial considerations. To cope with all these and at least a dozen other relevant variables, it’s essential to establish your priorities in advance and stick to them.
The first step is to identify house features most important to you by completing our Ideal House Profile, which lists all major categories such as upper price limit, number and type of rooms, and location. A sample is shown below, and a copy is included in Appendix D.
If you’re buying with another person, prepare your list of priorities together, so that each person’s strong likes and dislikes are respected; and you have any arguments before you’re with a real estate agent.
Tip
Getting price and financing information. Most people will have an upper limit on the house they can afford to buy and the maximum down payment they can make. If you need advice on these issues, be sure to read Chapters 2, 4, and 8 before completing the Ideal House Profile.
Must Haves: Mandatory Priorities
Use the Ideal House Profile to name what you must have in a house, such as a particular city or neighborhood. Since price is an obvious consideration, fill in the top section first. For example, under Upper price limit you might note $400,000, with a Maximum down payment of $40,000. Then fill in the rest of the form.
Tip
Pay close attention to the School needs category. If you have children, buying a great house at a great price in a lousy school district may mean years of paying for private schools. By contrast, paying a little more for a good house in an excellent school district may be a bargain in the long run. And if you plan to move in a few years, it will be easier to sell a house in a good school district, because that feature is important to many potential buyers.
If you have two kids, you might note that three bedrooms, excellent public schools, and a street with lots of children are “must haves.” If you plan to live in the house after retirement, a minimal number of stairs and short distances to shops and services may be “must haves.”
Hope to Have: Secondary Priorities
Once you’ve compiled your list of “must haves,” jot down features that you’d like but aren’t crucial to your decision of whether to buy. For example, under Type of yard and grounds, you might note patio and flat back yard in the “Hope to Have” column. Or under Number and type of rooms, you might list finished basement or master bedroom with bath.
Take a second look at your “Must Have” column. If you’re typical, you may wonder how you will ever afford a house with the features you’ve listed. Don’t despair—at least, not until you understand the strategies (discussed in Chapter 3) to help you buy an affordable house. For now, you might need to change a couple of “must haves” to “hope to haves.”
Absolute No Ways
Be sure to list your “absolute no ways” (you will not buy a house that has any of these features) at the bottom of the Ideal House Profile. Avoiding things you’ll always hate—such as a house in a flood zone, poor school district, or high-crime area—can be even more important than finding a house that contains all your mandatory priorities.
If you’re moving into a new-house development or condominium, be sure to check into covenants, conditions, and restrictions (CC&Rs), which may be quite detailed and restrict everything from the color of your house to your landscaping. (CC&Rs are discussed in more detail in Chapter 7.)
Once you’ve completed your Ideal House Profile, you’re ready to create a House Priorities Worksheet, which will help you see how each house stacks up with your priorities.
Create a House Priorities Worksheet
Now it’s time to use the information collected in your Ideal House Profile to create a House Priorities Worksheet for each house you visit.
Start by making several copies of the worksheet (in Appendix D) to allow for mistakes or the eventual scaling back of your priority list if it turns out you can’t afford all the features you would like. Then, enter relevant information on a master copy of the House Priorities Worksheet under each major category—“Must have,” “Hope to have,” and “Absolute no ways.” A sample is shown below.
Once you have completed your House Priorities Worksheet to your (and your partner’s) satisfaction, make several copies.
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Ideal House Profile |
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Upper price limit: |
$800,000 |
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Maximum down payment: |
$240,000 |
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Special financing needs: |
N/A |
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Must Have |
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Hope to Have |
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Neighborhood or location: |
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Northern Berkeley |
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3 |
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Oxford Street |
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3 |
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School needs: |
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Berkeley High School |
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3 |
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Desired neighborhood features: |
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Quiet street with little traffic |
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3 |
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Walking distance to Solano Avenue |
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3 |
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Neighborhood association |
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3 |
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Lots of trees |
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3 |
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Length of commute: |
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Maximum of 15 minutes drive to Berkeley office |
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3 |
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Access to public transportation: |
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Walking distance to S.F. express buses |
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3 |
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Size of house: |
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Minimum 1,600 square feet |
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Number and type of rooms: |
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3 bedrooms/2 baths |
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3 |
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Modern kitchen |
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3 |
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Family room for kids |
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3 |
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Eat-in kitchen or breakfast nook |
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3 |
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Condition, age, and type of house: |
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Good shape, less than 100 years old |
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3 |
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Type of yard and grounds: |
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Fenced-in yard |
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3 |
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Private yard |
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3 |
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Other desired features: |
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Easy parking |
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3 |
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Lots of lights |
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Absolute no ways: |
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House in an active or potential slide zone |
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For each house you see, fill in the top of the House Priorities Worksheet. Enter the address, asking price, name and phone number of the contact person (listing agent or seller, if it’s a For Sale By Owner), and date you saw the house. As you walk around and talk to the owner or agent, enter a checkmark if the house has a desirable or undesirable feature. Also, make notes next to a particular feature if it can be changed to meet your needs (for example, an okay kitchen that could be modernized for $45,000).
Don’t Be Fooled by Staged Homes
House “staging” is now a regular practice in home sales. The right paint, furniture, music, and smells can create illusions that would make Martha Stewart and Houdini jealous. Furniture is often extra small to make the house look large. The point is to optimize the charms of a house.
So if you visit a house that just reeks of charm—look behind, above, and below. Imagine it empty, or with your own furniture, office equipment, kids’ toys, and toothbrushes.
Add comments at the bottom, such as “potential undeveloped lot next door” or “neighbors seem very friendly.” If you look at a lot of houses, taking notes such as these will help make sure you don’t forget important information.
You should seriously consider only those houses with all or most of your “must haves” and none of your “no ways.” If you visit a nice, reasonably priced house that doesn’t come close to matching your list and can’t be easily changed to do so, say no. Take the time to find a more suitable house; you’ll be glad you did.
Tip
Set up a good filing system. As the list of houses you look at grows, failing to adopt a good system may lead to revisiting houses you’ve already seen and rejected or making decisions based on half-remembered facts. For each house that seems like a possible prospect, make a file that includes a completed House Priorities Worksheet, the information materials provided when you toured the home, the Multiple Listing Service information, ads, and your notes. Or, if you are more digitally inclined, set up a simple database with key details on each house you visit. (For advice, see “Organizing Your House Search” in Chapter 6.)
Prepare a House Comparison Worksheet
If, like many people, you look at a considerable number of houses over an extended period of time—or even in the space of a week—you may soon have trouble distinguishing or comparing their features. That’s where our House Comparison Worksheet comes in.
Across the top of the form, list the addresses of the three or four houses you like best. In the left column, fill in your list of priorities and “no ways” from your Ideal House Profile and House Priorities Worksheet. Then put a checkmark on the line under each house that has that feature to allow for a quick comparison.
A sample is shown below, and a copy is included in Appendix D.
House Priorities Worksheet Here
House Comparison Worksheet Here
Ellen: How Not to Buy a House
I was a first-time buyer on a relatively tight budget when I set out to buy an older, attached row house in San Francisco. I wanted two bedrooms, no (or a very small) yard, proximity to a downtown bus route, and walking access to a neighborhood market and bookstore. I looked for many months at houses that were completely unsuitable, far too expensive, or, with depressing regularity, both. So I broadened my search by reading the classifieds in the Sunday paper. When I saw that prices were more reasonable in the suburbs, I spent a sunny Sunday afternoon browsing in Contra Costa County.
At the first open house I visited, I met an energetic real estate agent who spun a wonderful word picture of the joys of suburban life: lots of sun, room for a tomato garden, and friendly neighbors. She showed me a split-level house with an apple tree in full bloom in my price range. Almost before I realized what I was doing, I signed on the bottom line.
That was the fun part. Soon I was getting up at 6:00 a.m., driving to the train station, and standing for the 40-minute ride to San Francisco. My fantasy about the joy of suburban life was just that. It’s hard to believe now, but I seemed to have temporarily overlooked the fact that I’m allergic to direct sun, detest tomatoes, and moved out of the suburbs to get away from overly involved neighbors.
Fortunately, I sold the house six months later, at a small profit. I went in with a friend and together we bought a house in San Francisco that meets my needs perfectly.




