MissyHayes, Associate Broker
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STOP! Alabama Home Buyers Need to Know This First!

Caveat Emptor


The Alabama Supreme Court has held caveat emptor (“buyer beware”) to be the law in Alabama when selling existing (pre-owned) homes.
 
Simply stated, this means that neither the seller nor the seller’s agent, unless asked, are required to disclose defects, except those which might pose an immediate health or safety risk to the buyer.
 

Buyer Consequences

Consequences for Buyers

  • There is no warranty that comes with the sale of a pre-owned home in Alabama.
  • The buyer cannot recover damages from the seller for defects on a property (except for cases of known concealed (latent/hidden) defects or material misrepresentations amounting to fraud – which can be very difficult to prove.)
  • If a buyer relies on the information provided by the seller in a seller’s disclosure, and doesn’t have the proper inspections done; the buyer can lose legal rights in court.

Agency in Alabama

Am I a Customer or Client?


This is one of the most important decisions you will make when working with a real estate licensee. A licensee owes a higher level of service to a “client” that is different from the services the licensee performs for a “customer”. Here is a summary of the differences.

Agency = Agent + Client + Full-Service Fiduciary
Transaction Brokerage = Non-Agency + Customer + Limited Services

Agent

An Agent is a real estate licensee who acts for and exclusively represents a client in negotiations with other parties. The client (or principals) is the person the agent legally represents in an agency relationship. An agent owes the following full-service fiduciary responsibilities to the client:

  • Loyalty
  • Confidentiality
  • Disclosure of ALL information
  • Reasonable care and diligence
  • Obedience
  • Accounting

Transaction Broker

A Transaction Broker is a real estate licensee who provides limited services to a customer in the process of buying or selling a home. In this relationship, the customer is provided a limited range of services in a non-agency capacity. A Transaction Broker assists the customer without being the agent, fiduciary, or advocate of that party to the transaction, without showing favoritism to either the buyer or the seller. A Transaction Broker owes the following limited responsibilities to the customer:

  • Honesty
  • Disclose material defects
  • Reasonable care and skill
  • Accounting

If I work for you as a transaction broker (and not as your AGENT), there are benefits and exclusions to this arrangement.

Benefits

  • I can show you property
  • I can write up your offer
  • I can perform necessary paperwork to get you to closing

Exclusions

  • I cannot advise you on pricing or any other terms of the transaction.
  • I cannot negotiate on your behalf at any point during the homebuying process.

Benefits of Exclusive Buyer Agency


When you hire me as your Agent to exclusively represent you in a real estate transaction, you are benefiting from the experience and expertise that I have invested in to develop the knowledge and understanding needed to guide you through the home buying process, from making the best offer to successfully closing on your new home. Below are just a few of the ways I can be invaluable to you.

Loyalty

As your Exclusive Buyer’s Agent, I am legally obligated to give you undivided loyalty. Your interests come first, before customers, service providers, or anyone else.

Confidentiality

As your Exclusive Buyer’s Agent, I will (1) never reveal after the termination of our agency relationship any confidential information I learned about you during our agency relationship, unless you consent for me to do so in writing. Exceptions to this would be if I received a court order, to prevent a crime or in defense against an accusation of wrongdoing; and (2) always be cautious when giving listing agents feedback after a showing, because too much information could be harmful to you as a buyer.

Disclosure

As your Exclusive Buyer’s Agent, I will disclose affirmatively, fully, and honestly all information concerning the transaction and property that can assist you in making well-informed decisions.

Care & Diligence

As your Exclusive Buyer’s Agent, I will strive to protect you from foreseeable risks or harm and recommend expert advice or assistance when your needs exceed my expertise. As your Exclusive Buyer’s Agent, I have:

  • Accurate Market Data and a deep knowledge of the local real estate market, including pricing trends, neighborhoods, and what buyers and sellers are looking for. I use this knowledge to guide you to make the best, well-informed decisions and negotiate the best possible price and terms based on your needs and timeline.
  • Negotiation Skills honed over many transactions to help you get the best possible home under the best possible terms for the best possible price – assuring that you do not overpay for your home and helping you avoid overbidding on commonly overlooked problems with a property – before you buy it.
  • Vast Networks of professionals with a proven track record who will grant my clients their missing discounts and insights on vendors to title companies, which can be invaluable during the buying process. These relationships can help me spot problems or uncover issues before you invest too much time and money into the process.
  • Understanding and access to “attorney written” legal forms, which reduce the risk of costly mistakes. As a highly trained and experienced exclusive buyer real estate professional, I always have my clients covered from the beginning to the end of the transaction.
  • Behind-the-Scenes Work including researching, organizing the showing schedules, coordinating with other Agents, and more, which is often overlooked in the home buying process.
  • Buffer, guarding you from overpricing and improper pricing on the part of sellers.
  • Emotional Balance, maintaining an objective view and focusing on what matters despite the stress that comes with buying a home. I will help serve as a buffer, avoiding deal-killing emotions, and helping you to focus on the important details.
  • Continual Learning to stay educated on the rapidly changing real estate market and ever-evolving state and local laws, regulations, and codes. I invest in ongoing education and training to stay updated, ensuring that I can provide the best service to you and all of my clients.

Benefits of Homeownership


Appreciation

Equity

Tax Benefits

Savings

Predictability

Stability

Freedom

Costs at a Glance


Owning a home is exhilarating and presents an opportunity to build equity. However, it is an investment which entails various expenses. Let’s dissect the costs.

Costs to Close

Down Payment: Requirements are determined by the mortgage lender and are typically 3.5 – 20% of the purchase price (5% down programs do still exist in some cases).

Closing Costs: Various fees associated with finalizing the home purchase. They range between 2 – 6% of the purchase price and include:

  • Loan Origination
  • Appraisal
  • Title search and insurance
  • Title Agent/Attorney and escrow fees
  • Home Warranty (if applicable)
  • Recording fees and property taxes
  • Prepaid interest

Home Inspections: Costs vary, but typically range from $300 – $500 for a standard inspection, depending on size and complexity of the home.

Survey: A typical boundary survey will cost between $400 – $600, depending on shape/size of lot. Other surveys, such as an elevation certificate or wetland delineation survey would only be needed in very specific circumstances.

Property Taxes: The property tax rate will vary based on the city/county/school district the property is located within, but a rough estimate can be computed by figuring a $2.93 rate per $1,000 of home value. If the tax rate is $2.93 and the home value is $250,000, the property tax would be $2.93 x ($250,000/1000), or $732.50.

Homeowners Insurance: Premiums on properties located closer to the coast or in flood prone areas will be higher due to factors such as hurricanes and other natural disasters. Some lenders require additional flood insurance policies to protect the home. Buyers are advised to shop around for specific insurance estimates BEFORE making an offer to purchase. The location of a property can dramatically affect the cost of owning a home due to increased insurance premiums.

Buyer Representation Fee: Historically in our area, the cost of buyer representation has ranged between 2 – 3% of the purchase price. However, it is important to note that all commissions are negotiable between the buyer and the buyer’s representative and the amount of compensation should be based on the level of services being offered by the buyer representative.

Costs After Close

HOA/COA Fees: If the property is located in an HOA community or Condominium, these fees cover amenities, maintenance, and common community services.

Moving Expenses: These vary based on distance of the move, the amount of belongings you are moving, and whether you hire full-service help or take on some of the work yourself.

Maintenance & Repairs: These expenses can vary widely depending on the home you choose to purchase and any warranties in place. Your agent can help guide you on any estimates needed to make your purchase decision.

The Home Buying Process


1

Educate & Initiate

First, our buyers begin with an explanation of the values that a Bellator Expert Real Estate Advisor brings to the table during the purchase process. From this initial meeting, we will discuss priorities, budget, timeline and determine your search parameters.

Special Warnings
Strategies For Each Type of Market
Buyer Misconceptions
How We Do It
Pre-qualification vs. Pre-approval
2

Locate

Finding a home that is 100% perfect is often more expensive than our budget allows; our goal is to get as close as possible. A good rule of thumb is for buyers to be very happy with 80% and neutral about 10% – 15% of their wants and needs. Keep this in mind when viewing homes and determining which factors are the most important to you.

So Many Things to Consider
3

Negotiate

Once you find a home that you would like to offer to buy, we will discuss possible strategies that will give you the best advantage at making a winning bid.

Common Contingencies & Concessions
4

Coordinate

Once we are under contract with a seller, I will provide guidance and communicate the path to closing across all parties. I will help you navigate the contract conditions and any final negotiations to get you to closing.

5

Close

After all due diligence in the transaction has been completed, and we are in the final steps, we will coordinate with all parties to schedule the closing, obtain final signatures, and review the final documents before you move into your new home.

Home Buying: Step by Step Guide


Homebuyer Guide

The Role of Buyer Representation


A good buyer’s agent will do hundreds of things for you, but at the highest level their role is to search, advise, negotiate, and facilitate as your exclusive representative, focusing on your interests and your interests only.

Agent with clients

Search

Supplement and refine your home search efforts or search on your behalf. Keep an eye out for private listings you would not see otherwise.

Advise

Discuss current and historical market conditions. Identify potential issues with homes, both big and small. Guide you through the end-to-end process, from pre-qualification to home inspections.

Negotiate

Find you the best deal you can possibly get. Navigate counteroffers, contingencies, and timelines. Get into the details while negotiating sales contract terms.

Facilitate

Coordinate moving parts, from inspections to exchanging keys and homeowners’ insurance. Coordinate between all parties necessary to close a deal such as mortgage, title and escrow. Manage closing details.

The Bellator Difference


Local Market Expertise

Partnering with a Bellator Expert Real Estate Advisors grants you exclusive access to up-to-date local market data and personalized insights. Our agents specialize in all aspects of the Alabama Gulf Coast, offering invaluable expertise on neighborhoods, amenities, and distinctive features to assist you in finding your ideal home. With our extensive network and insider knowledge, you gain a competitive advantage in today's dynamic real estate market.

Full-Service Transaction Team

From contract to closing, our committed team will manage all the intricacies, allowing you to concentrate on envisioning your life in your dream home. We prioritize transparency and communication, ensuring you are kept informed and engaged every step of the way.

Strategic Advantage

Our Bellator Expert Real Estate Advisors utilize their expertise and market insight to create compelling offers that shine in competitive scenarios. From negotiating prices to refining contract terms, we tirelessly advocate for your interests to ensure protection throughout negotiations. Our proven tactics have assisted clients in achieving their home buying aspirations. Whether it involves securing favorable terms, navigating intricate transactions, or negotiating lower prices, we are committed to surpassing expectations and delivering exceptional results.

You’ll want the company you buy a home through to be well established, providing local connections you'll need throughout the buying process. We’re the top brokerage for Baldwin and Mobile counties based on closed volume in 2023.
200+ Bellator Agents Current
A large team allows for easy communication with other agents in your area – which means more buying opportunities for you.
$684.8M Closed Volume 2023
Closed volume is based on the annual total transaction price of all residential, commercial, and lot/land sales.
1,604 Closed Transactions 2023
The number of transactions a real estate company completes in a year is a good indicator of how well it treats its clients.
1,085 Homes Listed 2023
It takes a real estate agent to help you narrow your search from every home in the area to the one with that perfect barbeque pit for football in the fall.
Buyer’s Guide

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