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Buyer's Guide

Home Buying Process

The home-buying process in New Jersey typically involves several distinct stages, including an "Attorney Review" period that is unique to the state's real estate transactions.

Stage 1: Preparation and Financing

Examine Your Finances

Examine Your Finances

  • Review your income, debts, and credit report, fixing any errors before applying for a loan.
  • Determine how much you can comfortably afford for a down payment and monthly payments.
  • Calculate your Debt-to-Income (DTI) ratio, as lenders prefer a back-end DTI (including all debts and housing expenses) below 36% and a front-end DTI (housing expenses only) no more than 28%.

Get Pre-Approved for a Mortgage

Get Pre-Approved for a Mortgage

  • Pre-approval (where a lender checks your finances and commits to a specific loan amount) is essential—do not confuse it with a simpler "pre-qualification".
  • Shop around and get quotes from at least three different lenders (banks, credit unions, and online lenders) to compare rates, fees, and loan terms.
  • Inquire about various loan types (Conventional, FHA, VA) and any down payment assistance programs available.

Find a Real Estate Agent

Find a Real Estate Agent (REALTOR®)

  • Select a Real Estate Agent who is knowledgeable about your target neighborhoods and has experience working with buyers.
  • The buyer is responsible for negotiating the buyer's agent commission rate with their agent.
  • Sign a buyer representation agreement that outlines your agent's duties.

Stage 2: Searching and Offer

Start the Home Search

Start the Home Search

  • Communicate your essential and optional home features to your Real Estate Agent (e.g., price range, towns, number of bedrooms/baths).
  • Your Real Estate Agent will set you up with listings from the Multiple Listing Service (MLS).
  • Identify key factors for your preferred location, such as commute time, school quality, amenities, and crime rate.

Make an Offer

Make an Offer

  • Work with your REALTOR® to determine an appropriate offer, which should be submitted to the seller on a REALTOR® standard form of contract.
  • The offer should include the purchase price, a closing date, what items are included/excluded, a financial contingency (mortgage), and a good faith deposit (often $1,000 in the initial offer).

Negotiations

Negotiations

  • Negotiations on price and terms take place between the buyer and seller, usually through their agents.

Stage 3: Attorney Review and Contingencies

Attorney Review

Attorney Review

  • Once the contract is signed by both parties, it is sent to the attorneys. The contract is legally binding unless a lawyer cancels it within three business days.
  • During this period, the buyer's and seller's attorneys review and approve, disapprove, or modify the contract.

Home Inspection

Home Inspection

  • After the attorney review is complete, the contract is officially "Under Contract." You typically have a set number of days (e.g., 10 days) to complete your home inspection.
  • The inspection should include the entire house (structural, mechanical, electrical, plumbing) as well as any other necessary testing like radon, wood-destroying insects (WDI), and in some cases, a septic tank or underground oil tank sweep.
  • Inspection issues are negotiated between the attorneys and are typically limited to major structural, mechanical, or environmental items.

Second Deposit & Mortgage Application

Second Deposit & Mortgage Application

  • A second, larger deposit (which can be a few thousand dollars up to 10% of the price) is typically due shortly after attorney review and is held in a trust account.
  • You must formally complete your mortgage application and work to secure a commitment from your lender by the date specified in the contract.

Stage 4: Closing

Appraisal, Survey, and Title

Appraisal, Survey, and Title

  • Your lender will order an appraisal to ensure the home is worth the purchase price.
  • Your attorney will order a survey and a title search to ensure the seller has the right to sell the property and there are no unexpected liens.
  • Obtain a Homeowner's Insurance policy (sometimes called a "hazard" policy) and, if required, a separate Flood Insurance policy, naming your lender as an insured party.

Final Walk-Through and Closing

Final Walk-Through and Closing

  • A few days before closing, ensure all utilities are set to transfer into your name.
  • You and your agent will perform a final walk-through to confirm the property is in the agreed-upon condition.
  • The settlement agent will prepare the Closing Disclosure (CD), detailing all funds to be exchanged.
  • At the closing table, you will sign the final mortgage documents and the deed transfer, and the keys will be handed over, making you the homeowner.

Second Deposit & Mortgage Application

Second Deposit & Mortgage Application

  • A second, larger deposit (which can be a few thousand dollars up to 10% of the price) is typically due shortly after attorney review and is held in a trust account.
  • You must formally complete your mortgage application and work to secure a commitment from your lender by the date specified in the contract.
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Buyer Closing Cost

Buyer's Chart for Tracking Closing Costs

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