Legal Question in Real Estate Law in New Hampshire
Seller paying Buyer's closing cost s
I was advised by a family member that under no circumstances should I pay any closing costs. I was told to be firm and have the seller's pay the closing costs. Is this common and can I have them pay all closing costs. I am a first time home buyer and am not to sure of all the technicalities and options to ask for.
2 Answers from Attorneys
Re: Seller paying Buyer's closing cost s
It depends. To some extent, everything is negotiable. Typically, Buyer & Seller split tax stamps, and Buyer has a contractual obligation to pay for lender's expenses. Some items are customarily the Seller's expenses, including expenses to clear title, but not title insurance.
However, depending upon how eager your seller is, you can shift more of the cost onto the Seller (though this might affect their flexibility on price and any repairs.) In addition to working with a reputable real estate agent, you should consider hiring an attorney to represent you (not you and the bank) because this is one of the most significant financial transactions you will enter into, and having an attorney provides you with some protection against future problems. The cost of an attorney is well worth the avoidance of future problems.
Re: Seller paying Buyer's closing cost s
The general custom in New Hampshire is that the Buyer pays his own share of the revenue stamps, his own attorney's fees and his own recording fees. Seller pays his share of revenue stsmps, his attorney, and produces the deed suitable for recording and pays for recording discharges of any mortgages, liens or attachments. In some cases the parties bargain that Seller will pay a fixed portion of the Buyer's closing costs, which might also include some bank fees or points on the loan. You should consult with a local attorney for any further regional variations.