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| My custom home blueprints are (finally!) completed and I'm interviewing the third builder prospect. I have bids in hand from the other two. The lot is paid for. I'm pre-approved for a construction loan (aka temp to perm financing or one time close). My plan had been to put the necessary 20% down and finance the balance. However, now I'm considering borrowing from my non retirement savings to pay for the house and will replenish with the proceeds from selling my current home after I move. I don't want to move twice otherwise I would sell sooner to get the cash out. The freedom of not having a mortgage and avoiding the 8-10K in loan approval/closing costs is appealing. I have 2 questions: Have you been in a similar situation and what considerations tipped you one way or another? The 2nd is: What provisions need to be in the contract with the builder to pay him/her as the various stages of the building are completed? Is the money put in an escrow account to be drawn from and who/what conditions determines when that money is due? Do I need a building inspector to act on my behalf to protect my investment since there won't be a mortgage company/bank involved? |
Follow-Up Postings:
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- Posted by Renovator8 (My Page) on Sun, Feb 10, 13 at 7:42
| If your savings earn substantially less than the mortgage costs minus the tax breaks, it makes sense to avoid a mortgage. Any standard Lump Sum construction contract will have a compensation section that describes the total contract amount and the time and amount of progress payments without the need for escrow. However, the builder might want some evidence of your ability to pay those amounts before your current house is sold. Sometimes a "retainage" amount is withheld from the payments and then reduced as the work nears completion. You should always owe the contractor something until the punch list is completed to your inspector's satisfaction. You should decide now who will propose the initial contract. A builder's proposal is sometimes considered a contract but often lacks important considerations especially protections for you. AIA A105 "Standard Form of Agreement Between Owner and Contractor for a Residence or a Small Commercial Project" is a good place to start. You can buy the printed form from the AIA or use it to make sure the contractor's contract is complete. All AIA contract forms naturally have a provision for an architect to be named. The architect provisions can easily be struck out and you might also substitute the name of your inspector as your agent. It is not necessary for your agent to formally approve the contractor's Applications for Payment, have the right to reject work or otherwise act in your place, but he/she must at least be given access to the site in the Agreement. A construction Contract consists of an Agreement, General Conditions (sometimes part of the Agreement form as is the case with AIA A105), Drawings, Specifications (sometimes on the drawings), and any Addenda or Accepted Alternates. Allowances should be for materials only and carefully described in the Agreement. They are miniature Cost Plus contracts inside a Lump Sum contract and therefore relinquish cost control. It is sometimes advisable to stipulate that if the buyout price or supplier is not acceptable the Owner can delete the Allowance and provide the material in question. The AIA has never used a warranty clause. Instead it wisely extends the Correction of the Work clause for one year beyond Substantial Completion (14.2). Your state may impose other implied warranties. |
Here is a link that might be useful: AIA A105 sample
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- Posted by mountaineergirl (My Page) on Sun, Feb 10, 13 at 8:24
| I have a friend who started on the house by having the basement dug and THEN went to the bank for a construction loan. The bank wouldn't loan her money on a house that had already started. She thought she was doing a good thing by paying that amt out of pocket and then getting a construction loan. She had to get an attorney but finally found a bank that would give her the loan. Thing is, she had the $300K sitting in the bank (ins money where her first house burned down) and they STILL wouldn't give her the loan! So I'm just saying to figure out what you want to do before starting. Don't get half way thru a build and then decide to borrow. |
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- Posted by Renovator8 (My Page) on Sun, Feb 10, 13 at 10:44
| You are probably already aware that a bank's inspection is not intended to protect your interests only the bank's which is to make sure the project can be completed in a marketable condition without a loss to the bank. You should also be aware that a building inspector is only interested in verifying that the project meets the building code in order to protect the interests of the public in terms of safety, weathering and energy conservation rather than your interests although the two do overlap. Your inspector will be looking out for your interests and that may cause a conflict with a GC who thinks that is his job. Who designed the project? |
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- Posted by BuildinginTXhillctry (My Page) on Sun, Feb 10, 13 at 12:23
| Good comments, Renovator8 and mountaineergirl, thank you. The house designer who designed my current home 20 years ago designed this one as well. I've been working on this project for approx. 18 mos. In addition to getting bids from 2 other builders, I've also paid the builder I'm working with now for a "plan review". My house designer, the builder and myself have been working together to modify/improve/correct the plans. I might note there weren't significant changes made to the plans through this process but good ones, nevertheless. Next are the specs which I've been fine tuning throughout the process of designing my home. The builder will write the specs as they recommend and then we'll come together to merge them. When the specs are agreed upon, then they will put it out for a final bid. I did get a preliminary bid from them in the beginning before we started the plan review. I am under no obligation to use this builder as I am paying for their expertise at this point. I'd be especially happy to hear from a homeowner about their experience in paying cash and how the process went with their builder. Thanks again for the comments thus far; I really appreciate them. |
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- Posted by Renovator8 (My Page) on Sun, Feb 10, 13 at 12:53
| You have taken a very wise approach to the design and construction process. Others here should pay close attention to it. |
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| I've been wondering about a similar question: When to sell my house, what money to use to build. Because our retirement-house-land is across the county line, we can't start building 'til our sophomore finishes high school -- her education is more important today, and our house can wait -- and likely we won't jump to break ground the very day she moves into a dorm; so we have a full two years to make these decisions. My current house is paid for. It's in a convenient location (close to work, shopping, restaurants), and we can't live anywhere else as cheaply/conveniently as we live here. Also, I like the idea of moving only once -- no, no, I LOVE the idea of only moving once. Another factor is that NOTHING ever goes on sale in this neighborhood; most of our neighbors are 60-70 and are retired; most of these houses have had only one or two owners. I suspect most of our neighbors are going to stay here 'til we start seeing estate sales. We are surrounded by a PLETHORA of newer neighborhoods with smaller lots, smaller houses, smaller pricetags -- but those smaller houses are more stylish than 70s ranchers, and they have perks like neighborhood clubhouses and neighborhood pools. I fear we could potentially see this neighorhood turn into rental property in the course of a couple years. That could reduce the value of our house. Part of me thinks it'd be wise to sell before "the tipping point" arrives. FYI: I am not emotionally attached to this house and would choose to sell it at whatever time would bring me the most profit. Anytime after my youngest's out of high school, that is. If we sell this house, we'll probably get 150-160K -- we are in a part of the country with a very low cost of living -- though the house is big and ideally situated, it's in the oldest neighborhood in this area, and 70s ranchers don't bring top dollar. So we're still going to have to pull another 50K or so out of our investments to pay the rest of our new house. We own our building land outright as well, and we have the cash to build the house we want to build. Yes, if the cost is more than we anticipate, we're still fine to do an all-cash build. When we paid off this house 7 years ago, one of our goals was never, never, never to borrow another dollar for the rest of our lives. But if we stay in our current house while we build, paying cash would mean pulling money out of our investments, which are making money. Would it be smarter to borrow and leave the investments to grow? I might add that, having grown up poor and with little financial stability, I like the feeling of security that comes with knowing that the house in which I sit is MINE, MINE, MINE and no one can take it from me. And my #1 goal -- which means more to me than building a house -- is getting our two daughters through college without debt. We're on track to do this, though the year they're both students will be hard on us -- we'll probably wait to start building 'til the first one had graduated; that'll mean we're on the downhill side of college tuition. So I'm wondering which is our better choice: 1. Sell this house and with cash in hand start the build. We would probably look for a small rental near the house we're building (which is problematic -- it's rural, and little is available to rent). It would be convenient to live near the house while it's being built, but the rental money would be a waste. And we'd have to move twice. And we'd have to pay for storage since we would choose a small rental for just the two of us. 2. Stay in this house 'til the new house is built. This means we might be forced to wait a while for this one to sell. If we go this route, we could do it without borrowing, or we could borrow and leave our investments growing. I suppose the right answer is, Are the investments booming or floundering at the time we begin building? We're prepared financially, and we still have 2-3 years before we begin . . . but I can't see the clear path for EXACTLY HOW we should proceed financially.
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- Posted by lori_inthenw (My Page) on Sun, Feb 10, 13 at 15:56
| We're looking at a third option, not sure it would work for either of you. Starting our retirement house with savings, then funding phase 2 work using some credit we have in existing home equity lines. The final stage will require finishing it with refi of city house, which is almost paid off, then selling city house in a few years, paying off loan, having no mortgage. It is another way for us to avoid a bank's involvement in our new house. Lots of variables, and the numbers have to work out, but it looks like it will work for us since we'd like to get started while interest rates are low, but we are not in a hurry to move in and we need some time for some DIY finish projects before we move, anyway. |
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- Posted by BuildinginTXhillctry (My Page) on Sun, Feb 10, 13 at 16:50
| This is a link that helped me determine that paying cash is the way to go. Scroll down to the excel worksheet. Granted, everyone's situation is different. Mortgage rates are low - that's true, but since 2008's stock market drop, they are higher than the return I'm earning on my investments. |
Here is a link that might be useful: The Mortgage Professor
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| I paid cash for mine. +No bank to deal with -Less cash to gamble with investments I would not have paid cash, if money would have been tight. |
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- Posted by BuildinginTXhillctry (My Page) on Sun, Feb 10, 13 at 21:24
| Thanks, jrldh. Sounds like you made the right decision for your situation. Would you be willing to tell me more about how your payments to the builder were handled? Was the timing of the payments stipulated in the contract and based on the various stages of completion? Did you retain a % until the final punch list was completed at the end? How was the closing handled? I believe I might be a more attractive buyer to a prospective builder when I have the ability to start the project vs. another buyer who needs loan approval. etc. Whether that translates into possibly a lower bid because of less financial work for all concerned....we'll see. |
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- Posted by niteshadepromises (My Page) on Mon, Feb 11, 13 at 2:05
| I'd highly recommend having a real estate lawyer on hand to go over whatever you decide to do, especially if you're planning to go cash. We havn't been through the process just yet so I can't comment more but should something go wrong you want to be sure you are covered. |
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| The Mortgage Professor website was informative. I totally, totally agree with jrldh that you shouldn't pay cash IF it'll press you financially. You should never have all your financial eggs in one basket. I'd add that you should never withdraw retirement funds to pay cash -- you want the magic of compound interest to work in your favor when it comes to retirement accounts, and that takes years. I am inclined to say that -- as a general rule of thumb -- if you CAN pay cash for a house, you probably SHOULD pay cash for a house. Why? It's a double investment: 1) A house is an item of great value that adds wealth to your portfolio AND ALSO 2) You can live in it, making it a practical investment. However, we've probably all had the experience of seeing our investments go up or down 10% (or more) in a single day or a single week . . . yet no one has ever come home to find that 10% of his house has disappeared. Okay, that's not quite true: Plenty of people have seen 10% (or more) of their house's value disappear . . . but, even then, all the rooms are still present. As I said before, I grew up a poor kid, and I find great solace in knowing that my house is MINE, MINE, MINE. I do have a very practical question about the logistics of paying cash for a house: Does the builder require you to place X amount in an escrow account (or similar)? I mean, I might tell you (or my future builder) that I can easily pay cash for this house . . . but you don't actually know that I'm telling the truth. Or, I might have the money when the build begins, but what if I spend it during the build and can't pay at the end? If I've qualified for a mortgage loan, the builder knows I have the ability to pay -- later. It seems reasonable that a cash-paying customer should have to prove to the builder that he's "good for it". Just how does this work? |
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| Does the builder require you to place X amount in an escrow account (or similar)? In my area, when the builders are putting up custom homes on their lots, they take large deposits to cover situations where the buyers doesn't follow through. I've seen deposits up to $500,000 forfeited. And even then, it's risky for the builder as the home may have unmarketable aspects and home prices have plunged. ***** |
This post was edited by worthy on Mon, Feb 11, 13 at 11:12
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- Posted by BuildinginTXhillctry (My Page) on Mon, Feb 11, 13 at 11:08
| Good advice, niteshadepromises - thank you. And MrsPete, you have brought up several good points. I smiled when you said no one comes home to find that 10% of their house has disappeared. Ten years ago, my home caught fire due to an electrical short. I learned foundations don't burn up ; ). I lost more than 10% of my home and if I hadn't had adequate insurance, I would not have been able to rebuild. This many years later, I can smile about it but it was a tough learning experience. I've essentially built my current home twice. Yes, I'd like to know the answer to the escrow question, too. Thanks, everyone. |
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| @BuildinginTXhillctry, I didn't hire a builder but contracted directly with the trades (owner-builder/GC). I just paid the individual subs when the job was completed or in case of tasks where substantial material cost was involved, I paid a (varied) percentage upfront (like 30%) and the rest after completion. |
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