如何在美国购买房地产?
步骤1:准备
Before you begin your journey into New York real estate, it will be helpful to get prepared so that when you find what you are looking for, you can move quickly and secure the property of your dreams. If you are getting financing, you should speak to a mortgage broker or a banker and get pre-approved for a loan before you start your search. This will not only help you learn how much you can spend but also make you a more attractive buyer and help you negotiate a better price. It is a requirement in New York to have a lawyer who can review your contract and protect your interests during the transaction. If you do not have one, your agent will be glad to recommend several to choose from including those whom speak your language. It is important to select a lawyer who you trust and who you are comfortable with.
It is very useful to speak to a good tax advisor in order to help you decide on the optimal purchase structure for your deal. Tax liability varies for US residents and non-residents, as well as whether you buy a home or an investment property. As a result, it is smart to consult with a good tax specialist, fiscal attorney or an accountant. Finally, you need to prepare your finances and set aside a 10% deposit for your purchase so that it is readily available when you need it. You may consider opening a US bank account if you don’t have one or otherwise transfer money to your attorney escrow account.
步骤2:属性搜索和提供
Every purchase starts with the selection process. After viewing the properties and selecting the one you really like, you should make an offer to buy it. Such an offer is not binding and you can make more than one offer to find the best deal. New luxury property developers (sponsors) however are less likely to negotiate the price and usually expect to sell their properties at asking price. Your Evans agent will always be on your side and do his or her best to get you the lowest price and the best deal! Once the offer is accepted by the seller, the seller’s agent or lawyer sends the contract and bylaws of the building (or an offering plan for a new development) to a buyer’s lawyer for review.
步骤3:合同谈判和签署
The usual time for your lawyer to review the contract is 5 to 10 business days (the seller’s agent of the property you choose will advise you on such time limits). Please note until such contract is signed, the Seller may often choose to continue showing the property and accept a higher offer. Terms of the contract are very important and regulate all the details of the future purchase. You should carefully go over the contract with your lawyer to understand the risks and obligations you are taking upon yourself.
签订合同后,将支付房地产价格的10%的押金。因此,您必须确保您拥有在美国可用的资金。一种方法是将资金汇到您在美国的律师处。如果愿意,您也可以开设美国银行帐户。该保证金保存在卖方律师指定的托管账户中。如果买方不继续进行交易,通常是不退款的。但是,您可以协商某些条件,以便可以取回押金。这样的条件之一就是抵押权的偶然性,即合同中的一项条款,该条款保证在买方无法按特定条款获得融资时退还押金。尽管很少有卖方同意包含此条款,但您的律师应与卖方协商此条款。
步骤4:Coop或Condo董事会批准
Board approval is probably the most unpleasant part of a property purchase in New York. It is something that cannot be avoided even if you are buying an apartment in the friendliest condo building. You will have to put together a very thorough package with a lot of personal and financial information including tax returns, bank statements, personal and business references, etc. Coop board approval is a rigorous process that will usually include a personal interview. Condo board approvals follow the same procedure and require the same amount of documentation, however it is usually only a formality.
步骤5:准备和关闭
After the contract is signed, you have additional time to secure financing and perform additional research on the property’s legal status and condition. This is the time to do the survey and appraisal, which is necessary for the mortgage. Your lawyer will be reviewing the documents, doing the title search, looking for liens and violations. If you apply for a mortgage, your bank will check all the required documents on your income and assets as well as the building financials. Once everything is in order, your bank will wire the entire amount of the loan usually to your attorney’s escrow account. At the same time your down payment and final closing costs will also be wired to the escrow account with your attorney acting as an escrow agent until the closing. The day before your closing you should do a final walk-through your new property to make sure it’s condition is as agreed and as expected.
步骤6:结束
平仓是实际的买卖交易,通常在签订合同后几周进行。这是交易的所有各方(卖方和买方,卖方和买方的律师,银行律师,产权保险代表等)聚集在一起签署最终文件集并进行全部付款。在结账时,您的律师将分摊所有付款,包括向卖方付款,税金,费用和产权保险以及其他费用。作为交换,买家将获得新的产权以及产权保险,当然还有新公寓的钥匙。