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Protect your Rights and your Property: A guide on Real Estate Settlement

Updated on May 30, 2016
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The acquisition of real estate properties in the present is growing vigorously,the emergence of different estates due to modernization is flourishing that made way for the increase of consumers and buyers in the market. A lot of lands are being converted into commercial structures and competition between the vying real estate agencies is really apparent.

Migration and economy plays a big role for the real estate industry, countries that are being occupied by migrants has a bigger tendency of introducing new real estates because there is a rise with the consumers. The economy also gives way for acceleration of investments, if the economy fluctuates there will be a less progression on properties and infrastructures, on the other hand, as one’s economy inflates, real estate grows which leads to higher demand.

Because of these developments and changes in real estate, acts/laws/regulations were implemented in order to provide the best service and to address the concerns of the people involved in a real estate transaction.

Property Settlement is one of the process that was prioritize for establishing these acts to ensure that the rights of the consumers are not being neglected.

You also need to remember that before settlement it would be better to have your chosen professional removalist on stand by.


What is Settlement?

Settlement is a process of settling documents and payments that were made during the agreement of a property transaction. Furthermore, it is a procedure of handing over a particular property based on the arrangements that were made between the concerned parties. It the finalization of a real estate negotiation.

In 1974, Real Estate Settlement Procedures Act (RESPA) was made permanent with an aim to assure the rights of the property owners by guiding and educating them about the proper procedures of a real estate transaction. It is an act that will prevent the extortion of money and undisclosed kickbacks of real estate agents, insurance companies, lenders and construction companies.

In order to monitor if the act is being done properly by the companies and agencies, an authorized form called Good-Faith Estimate of Settlement Cost (GFE) was required by the RESPA to be provided from the lending institutions in order to give the consumers a basis before buying a property and it serves also as a comparison to their other choices.

It is also the lending institution or agency’s obligation to supply a Special Information Booklet that will serve as guide to the consumer about the settlement cost and other helpful information.

In addition to this, HUD-1/1a form is being given to the purchaser in able to have a systematic list of the payments, fees and charges for an accurate representation of the transaction before closing.

For a further understanding about this process, you can consult to a professional settlement agent that will guide you throughout this process.


How to arrange a Settlement?

The first thing you need to do is to choose a settlement agent that will assure your best interests and will respond to your concerns. You can ask for recommendations from your family and friends or look for good agencies that you can consider. Ask all the questions that you want in order to prevent confusions about the process and to have a basis if the agent that you will choose is a person that can work with properly throughout the process.

After choosing an agent, the settlement will then proceed. The arrangements between you and the seller should be clear, if you have any clarifications or there are things that you think will affect your interest in the process, immediately talk to your agent to make adjustments before proceeding.

The settlement date is very important in the settlement process, both parties need to agree on a particular date. You need to consider that ample of time is needed for the working phase, it would be better to make sure that you estimate a sufficient time to prevent delay and to finalize a date in the contract. In case that the settlement date in in need of adjustment, make sure that both the seller and buyer would agree especially if the contract has been signed already.

The arrangement of a settlement includes documents, process and money and that is the reason why a settlement agent and a buyer should properly work together.

Importance of Settlement

As a purchaser and a vendor, both must be fulfilled on the transaction that they will engage in. Settlement is way to prevent an informal exchange of money and title of the buyer and seller, and in the present, documents and agreements are very important. Both must conform to the requirements and procedures to complete the settlement to prevent problems, graft and illegal transactions.

Importance of a Settlement Agent

A settlement process is a convoluted procedure which requires bountiful worktime and legitimate knowledge. A settlement agent will assess on the needed paper works and will determine if the agreements in the contract are being done properly. An agent is in need of a license in order to perform but they cannot give any legal advices because only lawyers are qualified to do so.

What happens after Settlement?

Finally after undergoing the proper process of settlement, you will get the buy you bought or the money if you sold your house. It is already your responsibility for getting insurances for your property if you are the purchaser. Clear all the fees and charges that you need to pay.

Buying and selling properties are very good investments, but they require processes and procedures to be executed properly. It is advisable to get a lawyer if you need a legal advice and a settlement agent to fix the documents needed. The economic stability and market’s demand preferences of a particular area is also a basis for the investors on what type of real estate are they going to introduce. Our society is going through modernization and new innovations are appearing every day, for

that reason the trends and preferences of the people are also changing.

As the years passes by, technology grows, different real estate infrastructures will continue to emerge, a lot of innovations and ideas will be offered to the market. Settlement is a knowledge that a buyer and a seller should know in order to protect one’s property and rights. You should understand the process and the documents that are needed for your settlement to prevent delays and confusion. Settlement is a way to safeguard not only your property, but also your interests.

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