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Ford 9N, 2N & 8N Discussion Forum
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OT - Negotiating Purchase Price

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Colin King

01-30-2007 09:01:38




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We"re looking at purchasing a 40 acre farm just 4 miles from my folks farm. We"re getting our ducks in a row and have already been pre-approved by the bank. What remains is a final and thorough walk-through and to come up with an offer.

We"ve never purchased land before. I was hoping you guys might have some advice on what to look for when purchasing land, and some price negotiating tips.

Here"s what I know so far.
40 acres, 15 tillable, the remainder is low swamp land (no woods to speak of). Asking price is $135k. Taxes are $580/yr. Assessed market value is $100k.

It"s been on the market for almost 300 days (normal for this market). It"s an estate.

House
Septic system is out of code ($8k repair cost)
Older appliances - newer water heater
Windows are new
Maintenance free siding
Newer shingle roof
Wood furnace with backup propane wall heaters

Barn
No leaks in roof, but rafters are bowed heavily. in 3 places on either side of roof.

Foundation is okay
Glass in windows are broken

Machine Pole Shed
Seems good

Garage
Cement flooring is completely broken apart.

Thanks for any advice!

Colin, MN

Here are a couple of pictures.
third party image

third party image

third party image

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don t-9n180179

01-31-2007 02:04:46




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Some things I experienced....
...have them test the H2O. Inline water filters can recontaminate(sp?).

...who is going to pay for "as is" problems? This could be a chip in your favor(lower purchase price).

...Repairs: you will plan and it will take twice as much time, effort and $$$ when its all said and done. ...Lead pipes? Asbestos(sp?)? minimal insulation? Solid foundation? ...old electric can get expensive to replace. ...time to buy new tools, esp if the wife is on board. HTH...good luck.....don t. ....

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Colin King

01-31-2007 07:50:13




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 Re: OT - Negotiating Purchase Price in reply to don t-9n180179, 01-31-2007 02:04:46  
Thank you, Don. It does help. I"ll be formulating a list of questions and inspection items from all the advice everyone has given. We"re fond of the old buildings, but they have their drawbacks and issues that must be addressed. Now I have a much better grasp of what some of those issues are.

Thanks for adding your thoughts!
Colin



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Lance in Brenham, TX

01-30-2007 18:54:26




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
First, hire an appraiser to find the market value of the property. Then make your offer contingent on financing and inspection. If they accept your offer, hire an experienced home inspector and find out what is wrong with the house. If there are major things wrong, ask for an adjustment on the price or an allowance for repairs. I happen to be a state licensed real estate appraiser and real estate broker here in Texas. Please ask, I'll help where I can.

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Colin King

01-31-2007 07:51:39




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 Re: OT - Negotiating Purchase Price in reply to Lance in Brenham, TX, 01-30-2007 18:54:26  
Thanks, Lance, for your advice and generous offer of assistance!

Colin



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BillM (OH)

01-30-2007 18:50:21




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
I would advise retaining the best real estate attorney in the County and have him help you through the process. Same guy will likely write your title insurance as well - cheaper than the bank's attorney & get the title insured for the full value - not just the mortgage. The government is involved so heavily with all the rules and regulations on real estate transfers these days, it does not pay you to go it alone - or only with a realtor. Good luck with your purchase!!!

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Colin King

01-31-2007 07:56:40




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 Re: OT - Negotiating Purchase Price in reply to BillM (OH), 01-30-2007 18:50:21  
Hi Bill, Yup, all of the advice here just illustrates the importance of experience in dealing with transactions like this (I clearly have none). Folks pointed out questions I had not even thought to ask. With that observation in mind, it seems extra important, as you suggest, to work with professionals.

Thanks for the advice.
Colin



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Marty 2N IL

01-30-2007 18:10:02




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Sure looks like a nice place. It will be a good investment, they are not making any more land and everybody and their brother wants to move to the country. I can only tell you what I have been going thru. I just sold 15ac in Missouri for I thought was cheap. I always called it my rock farm every time it rained it grew rock, all hills and rock. However I liked the place, it had an old ratty mobile home on it that wasn't worth anything but it was fun to stay in the summer and float the rivers. Looked beautiful in the spring when the dogwoods were blooming. I hung on for over a year and a half and got $45 for it the buyer just loved it, market value it was worth $35 to $38. Now I have 40ac in Illinois that my brother and I own together, what a pain I should never have done that. He was going to live in the little house that is there and I was going to build. Well since he has move there all of the building are full, we have a brand new 40x60 pole that is so full of his stuff you can’t walk threw the building. He has a rabbit path in the house from his chair to the computer to the television all the other furniture has bags of something in them. Sorry I got on to a rant. Now I am buying 10ac with a pole barn that has been converted to a house. They were asking $72,500 I offered $60 and they took it. Wow has that been a challenge the mortgage companies don’t want to touch it because it is an unusual type of building they said they can’t get comps for it. I found a company that will take it but had the same problem with insurance companies. The real-estate lady has been driving me crazy calling me I made the mistake of giving her the mortgage company name now she is calling them. The appraisal took forever but came back at $78 so I am in good shape there. We should close on Friday. Things I learned are to tell the real-estate agent that you will call them when you can. Shop for a mortgage company or bank I had one in Pennsylvania wanting to do the deal for pretty cheap to. Tell the mortgage company to have the appraisal put in your name, you pay for it. Have a home inspection done and be present when they do it. Well should be tested, septic will cost you extra to. Make sure you find out about the wet lands some are protected and you won’t be able to do anything with it except pay taxes. Low ball your offer they will counter or take it. Make sure you do the title insurance, and know where the lines or at least the corners are.

Good Luck, you wouldn’t be getting it for that price around here. I know you will enjoy it
Marty

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Colin King

01-31-2007 07:58:01




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 Re: OT - Negotiating Purchase Price in reply to Marty 2N IL, 01-30-2007 18:10:02  
Hey Marty,

Thanks for the advice, and good luck with your new property? Why did you sell your "rock farm?" It sounded wonderful!

Colin



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vtscott

01-30-2007 17:54:11




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Colin,

Lots of good advice for sure, if your gut says it's right and you feel good about it, go for it!

My wife suggested (dragged me) to move to Vermont, I said "I want land and outbuildings!" When we found our place we knew it was right, I offered full price and no inspection on the spot, and have not regretted it one second.

Taxes $580 a year?! I own 61 acres assessed at $140,000 and our taxes are closer to $5800.00 a year.

Could you really pass on that barn?

Good Luck!
Scott

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Colin King

01-31-2007 08:01:05




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 Re: OT - Negotiating Purchase Price in reply to vtscott, 01-30-2007 17:54:11  
Thanks, Scott! All the advice everyone has given has not only clarified/presented a lot of questions, but also makes it seem like a much less daunting project. Sure, there are going to be surprises, some costly and unpleasant, but we decided last night that it can be done!

Wow, almost $6,000 in taxes. Minnesotan's complain about property taxes, but I don't think we have much of a gripe!

Colin

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Carl S in NH

01-30-2007 16:59:45




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
You've got lots of good advice from everyone so far. I don't know what your age is or where you are in your "life cycle" but that might have a bearing here on whether the house will fit your needs now and into the future. You mentioned that the place is only 4 miles from your parents. If that is a big consideration then you can live with some imperfections perhaps. If you're at the point where you need to care for aging parents then closeness is important.

The house looked fairly modest to me from the pictures. The barn and outbuildings look great. Is the house enough house for your current and future needs or do you see a need for an addition coming soon? A lot depends on your lifestyle too. Some people live very modestly and like an old house for its charm. Other people need to have the newest and latest and most up to date house & furnishings. So look at the house in that perspective and decide if it will fit you.

I live in a very rural section of a small town, yet a 2 acre building lot just up the street from me was listed at over $100,000 this summer!!! Land & house values are really crazy here. So the asking price there sounds really cheap to me .....LOL
It looks like a great place to do some serous tractoring! And you can fit lots of tractors into those outbuildings.....LOL

Good luck!
Carl

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Colin King

01-31-2007 08:07:15




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 Re: OT - Negotiating Purchase Price in reply to Carl S in NH, 01-30-2007 16:59:45  
I kinda have to downplay the machine shed...but yes, there's lots of room for Eleanor to have playmates!

There's 60 acres of hardwood and fields next to this farm that is going for $1,800/acre. You should move out! :-)

Colin



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Empennage

01-30-2007 16:44:50




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Excellent advice below Colin. I have been rebuilding houses for awhile now here in NJ, I find the worst house in the best neighborhood rebuild it and sell it.

Sheesh... you are as bad as I am...the first picture you put up is of the barn! ;)

What are your plans for this property?



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Colin King

01-31-2007 08:19:20




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 Re: OT - Negotiating Purchase Price in reply to Empennage, 01-30-2007 16:44:50  
Aha! Well, that barn is really the most important thing, right? Likely the first thing built on the property when the land was homesteaded. We'll be talking to a barn right about getting it straightened. Over the last decade so many barns in this area, where I grew up, have been torn down by City folk who want to buy a farm house and use it as their "hunting cabin" and aren't interested in the property as an economic resource. The loss of our agricultural architectural heritage breaks my heart!

The houses you are fixing up (wow, when you are not flying or tractoring...you are a busy man!), are they older or historic houses? I've long been interested in preservation, and am somewhat involved with local organizations here in Minneapolis that deal with those issues.

We have not quite figured out what we'll do with the property yet. Since the acreage is low, we'll probably have to stick with smaller livestock such as goats, and do some more intensive vegetable/truck farming until more property can be added. Ultimately, I'm interested in a small cow-calf operation.

Colin

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OH Boy

01-30-2007 14:47:30




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Wow that looks like a terrific place.

You have some good advice down below but in the end my only real question is how far outstate is the place located? Heres how I see value:

That swamp land has value to hunters, it sounds like deer heaven. I see hunter groups buying up land all the time for $1000 an acre. So that 25 acres has gotta be worth at least $10,000 or $15,000, maybe more.

The fifteen acres of tillable land should be worth at least $1000 an acre, figure another $15,000 for that.

Now for the buildings- yeah they may need some work etc but what would you have to pay for a house in town? Can't get anything for less than $50,000, can you? And here you're getting a barn, machine shed, etc. too.

If you are within driving distance to Minneapolis, Fargo, Duluth, or other 'metro' areas, I think you could only conclude the values would be even higher.

If you are planning to stay there for a long time consider it an investment in lifestyle. Individual farms don't come up for sale very often, many times not for generations. This one is close to your parents.

That place is worth $100,000 easy and I personally would be comfortable with $135,000. As long as you can work out the legal issues. Need a good reliable survey. DO get buyers title insurance. Do require the sellers to pay for the issues with the septic system and any that become apparent re the well.

Are you 'handy' so you can tackle many of the repairs that will be made yourself without having to hire everything out to contractors?

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Colin King

01-30-2007 16:39:02




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 Re: OT - Negotiating Purchase Price in reply to OH Boy, 01-30-2007 14:47:30  
That's a good breakdown for analysis. I'd say that the price for the land is pretty reasonable. If you just divide the acreage by the asking price, you get $3,300/acre which is slightly above the area average. And yea, you're right on regarding the urban hunting market. The land (an my hometown) is smack in the middle between the Twin Cities and Fargo-Moorhead. 2 and a half hours either way.

Colin

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MikeT

01-30-2007 14:42:16




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Well, I'd go to the courthouse and get the legal description and check to see if the taxes are up to date.

Then, I'd ask them to supply a land survey no more than 5 years old. Walk out the property lines to make sure there are no encrochments.

And, I'd get an independent appraisal with at least 3 comps. I'd also ask them to provide a recent engineering inspection of the house and out buildings.

Then make an offer based on knowlege of how much cash outlay it would take to bring it up to snuff. Remember, that cash outlay won't be on your mortgage. An appraisal will be necessary if you seek a mortgage.

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MikeT

01-30-2007 14:42:10




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Well, I'd go to the courthouse and get the legal description and check to see if the taxes are up to date.

Then, I'd ask them to supply a land survey no more than 5 years old. Walk out the property lines to make sure there are no encrochments.

And, I'd get an independent appraisal with at least 3 comps. I'd also ask them to provide a recent engineering inspection of the house and out buildings.

Then make an offer based on knowlege of how much cash outlay it would take to bring it up to snuff. Remember, that cash outlay won't be on your mortgage. An appraisal will be necessary if you seek a mortgage.

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Colin King

01-30-2007 15:14:06




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 Re: OT - Negotiating Purchase Price in reply to MikeT, 01-30-2007 14:42:10  
I think we're good to go on a couple of those fronts. Taxes are current, and a survey was done this summer. I will take your advice and ask to see the survey.

When you say "3 comps..." do you mean 3 comparisons? If so, to what? Sorry for my ignorance on that one.

Colin



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Indiana Jones

01-30-2007 14:26:24




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Something you may want to look into is if the wetlands qualify for any programs with Farm Services Agency (USDA). Most farmers are familiar with "set aside" programs. There are other reclamation and wildlife habitat protection programs that are available. Check with your local FSA office.

I did something similar to what you are considing about 17 years ago.. Interest rates were DD, so it was really a buyer's market at the time and I was able to purchase 52 acres with old farmhouse and detached garage (no barn or outbuildings) for 60K. Bank wouldn't lend without the septic system replaced - which I negotiated as a condition of sale with the seller, who agreed to have it done.

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Colin King

01-30-2007 15:11:35




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 Re: OT - Negotiating Purchase Price in reply to Indiana Jones, 01-30-2007 14:26:24  
Thank you for the lead on the set aside programs. I'll look into that.

Colin



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farmerdawn

01-30-2007 14:11:38




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
You've gotten such excellent practical advice from so many people that there's nothing left that area for me to contribute -- well, that I know, anyway. :-)

So I will go the other way.

No place is perfect. But there are places where you find you can live with the imperfections and spend money to repair or restore and feel like you are doing something wonderful, beautiful, and positive. There are other places where you find that most everything is up to code and should be fine, but every little problem (and of course they come up) is like a pebble in your shoe. The difference is about what's in your heart.

My advice to everyone in your situation has two parts:

First, sit on the steps of the house. And on the floor in a corner inside the house. And somewhere around the barn, inside or out as you think makes most sense. And imagine. Can you feel yourself there? Can you see yourself, feel your own self, coming in from the fields in the spring? Or sitting on the steps in the cool of a summer evening? Can you imagine the way it will be with people in the house, and furniture, and a Christmas tree or a birthday party? Or is picturing or imagining those things hard to do?

Second, if you decide to buy the place, know this: even the perfectly right place feels like a mistake the first night you move in. Some people call it "buyer's remorse," but I don't know if that's really what it is. That first night you move in, you will be sure you made a mistake. And it won't mean ANYTHING. So just know it's there and let it go by, and then get up the next morning and see what's what.

I hope this helps a little,
Dawn

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Colin King

01-30-2007 15:10:19




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 Re: OT - Negotiating Purchase Price in reply to farmerdawn, 01-30-2007 14:11:38  
It does help a lot, Dawn! Thank you for these good words of wisdom.

All of the balancing and the nervousness of making a huge mistake hang in the air over our inexperienced heads. We're trying to keep a good focus on the problem while not letting the intellect overwhelm what our sense is of the place, and as you say, determine if it's a sense of place that makes us feel if we belong. And trying to determine what issues and complexities will inevitably rear their heads up. Hopefully some of the bigger one's we'll know in advance.

Colin

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Woodchuck

01-30-2007 12:53:31




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Colin,

Check the site link below.

They are not affiliated with any realestate organizations to avoid any conflict of interest. They work for you.

The real estate agent may give you a list of inspectors to choose from, but these are usually inspectors who won't hold up a sale and may leave things undiscovered.

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Colin King

01-30-2007 14:10:46




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 Re: OT - Negotiating Purchase Price in reply to Woodchuck, 01-30-2007 12:53:31  
Thank you, Woodchuck!



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Paul in MN

01-30-2007 12:52:38




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Colin,

Lots of excellent advice below, so I won't repeat any of it. You know that my expertise is in the house and buildings. Just a few comments at this moment.

The electrical system is probably a 60 amp system with the early romex fabric and tar coated wiring. At this age, the fabric and tar have turned quite brittle and thus are a safety hazzard....meaning it is time to replace it all and come up to current codes on electrical. Of course time and $$.

Your statement about the wood heating system. I suspect that the chimney is original and probably not lined with a clay flue liner, but just brick and mortar. Usually the mortar has degraded so that the chimney needs to be rebuilt to be safe.

The wood heat is supplemented by propane wall mounted heaters. WHOA!!! I see no vents to the outside, so those heaters are probably not vented and will be spewing CO and CO2 and H20 into your living space. This system was once legal, but is not legal anymore. I once lived in a house with those unvented heaters in the 60's, but we were smart enough even then to never turn them on. Now we know more about long term CO exposure, and its negative health effects.

My advice about price is to consider the 15 acres tillable, and the 1 or 2 acres of homestead area at market value for your local area (maybe $2,000/acre) as your top dollar offer. Of course the heirs in the Twin City market area will cr-p their shorts at such a lowball offer, but that is all it is really worth. The swamp acres are a liability with taxes and regulations, so from a strictly financial perspective, you'd be better off not owning those acres. Yes the wildlife and birds and the beauty of swamp land is nice, but it would be even nicer if the county owned those acres.

I'll be glad to talk with you further if you want.

Paul in MN

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Colin King

01-30-2007 14:51:10




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 Re: OT - Negotiating Purchase Price in reply to Paul in MN, 01-30-2007 12:52:38  
Hi Paul,

I'll give you a call this evening.

Colin



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bucva

01-30-2007 11:54:59




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  

old barn=money pit, house = big money pit. out buildings may be a break even. I'd get a land value and subtract off the demolition and environmental inspection and possible clean up. top offer 20 thousand and see if they cry. I live in a 150 year old house with an old barn. I could have done new cheaper but I love this old place.



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Sean (TX)

01-30-2007 11:49:45




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Thats a steal. 10 acres with no buildings runs about 120,000 in my area. 12000 a acre third party image I might have to move north. What part of Minnasota is that in? What is the going rate per acre up there?



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Colin King

01-30-2007 16:35:16




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 Re: OT - Negotiating Purchase Price in reply to Sean (TX), 01-30-2007 11:49:45  
Well it's anywhere between $2000 up to $4,000 and acre if it's prime hunting in a rifle zone. The city folk have boosted the market way beyond what's reasonable.



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Grampa Leon

01-30-2007 11:09:50




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Being a previous farm, beware of buried or other wise "forgotten fuel tanks" or other such head aches.



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Colin King

01-30-2007 11:24:15




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 Re: OT - Negotiating Purchase Price in reply to Grampa Leon, 01-30-2007 11:09:50  
Good point! As I recall from my grandfather's sale of his farm, even a surface tank can cause problems!

Colin



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8N'r--WI

01-30-2007 11:02:24




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
It"s been on the market for almost 300 days (normal for this market). It"s an estate.

Colin---try to find out as much as you can about the previous owner/family. Part of what I do for a living has allowed me to see results of poor estate planning/transference plans. There may be liquidity problems with this particular estate, beneficiaries wanting to get "there share" of the $$ in a hurry, or if the Estate is large enough, they may be looking for quick cash to meet Estate Tax deadlines. That could mean a low ball offer just may be taken----good luck---Tim

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Colin King

01-30-2007 11:21:56




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 Re: OT - Negotiating Purchase Price in reply to 8N'r--WI, 01-30-2007 11:02:24  
Thanks, Tim, for these ideas. I had been wondering about those issues, but didn't have any concrete experience to back up my musings.

Another thing I've been wondering about is that the 2 children who are managing the estate are from the Twin Cities. In talking to a Realtor here in Minneapolis, the Twin Cities market is such that if a house is listed for more than 120 days, that's slow. If the sellers also have that perspective, maybe there's some additional negotiating room.

Colin

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TheOldHokie

01-30-2007 10:42:39




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
It's an old farm so you can't expect things to be perfect. Here's a few thoughts off the top of my head:


  1. What kind of boundary survey and markings are there. Meets and bounds descriptions on 200 year old deeds can be tough to enforce in the absence of a modern professional boundary survey.

  2. Around here "assessed market value" is a tax evaluation used to figure your property tax. Appraised market value is what it's "really" worth and around here is usually a good bit more than the assessed value. Get an independent appraisal - usually the bank will require one as part of settlement and may require you use their appraiser. The cost will show up on your settlement sheet.

  3. Make them either fix the septic or escrow funds from the selling price to pay for them.
    If the latter make them escrow another 50% of the estimate to cover any costs over the estimate. In my jurisdiction the property would not be saleable as a residence with a substandard/defective septic system.

  4. Check all land use restrictions and covenants(e.g, protected wet lands/easements/subdivision rights/no swine/no stills/etc.) Do mineral rights convey?

  5. What kind of well/flow rate/age/history/water quality test?

  6. House electricals: age/condition/capacity.

HTH,

TOH

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Colin King

01-30-2007 11:05:39




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 Re: OT - Negotiating Purchase Price in reply to TheOldHokie, 01-30-2007 10:42:39  
Thanks, TOH. A couple of follow-up questions:

A survey was done this summer. Is there anything that I should know about surveys ... are there surveys that are non-binding or only provide limited information?

Are there some red flag issues I should be looking for with regards to the wiring. It's a 1940s house.

Colin



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TheOldHokie

01-30-2007 11:34:06




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 11:05:39  
I missed the wiring question. When you get to older homes (I'm not sure about 1940) they may have old knob and tube wiring rather than modern cable. The wires are strung on ceraminc insulators and fitted with insulating tubes were the go through studs. Works OK, may still be legal, but could become an issue. Plus your service entrance is likely to be 100A vs a modern 200A service. Again may be fine but find out before hand. The outlets are almost surely ungrounded and a potential shock hazard. Not a show stopper but something you may well want to upgrade in the future. My MIL's house is like that and plugging a modern appliance in requires a grounding adapter.

TOH

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TheOldHokie

01-30-2007 11:18:00




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 11:05:39  
I'm no lawyer and I'm sure the details probably vary from jurisdiction to jusrisdiction. If you got a boundary survey plat from a registered land surveyor and they placed survey pins at the corners I'd think you'd be good to go. When I bought the poor side of the mountain I call home all I got was an 1896 "meets and bounds" description of the parcel (i.e. "beginning at a large stone standing at one end of the Widow Doub's land and proceeding thence 4 degerees, 5 minutes west..."). Hand written with a quill pen yet! Quaint but not exactly Exhibit A in court. I later uncovered a boundary survey plat prepared in 1980 by a local engineering firm containing notations such as "beginning stone found and marked". I have it safely tucked away with the deed.

TOH

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Colin King

01-30-2007 11:47:01




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 Frame it in reply to TheOldHokie, 01-30-2007 11:18:00  
I hope you framed or somehow found a way to preserve and display your meets and bounds description. Even if not particularly useful today, that's a really interesting historical document on your property!

Colin



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TheOldHokie

01-30-2007 13:05:18




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 Re: Frame it in reply to Colin King, 01-30-2007 11:47:01  
I have photocopies of every deed (many "quilled" in the ornate hand of the time) on record in the county. All tucked away in two rather thick legal file folders.

TOH



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TheOldHokie

01-30-2007 11:02:56




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 Re: OT - Negotiating Purchase Price in reply to TheOldHokie, 01-30-2007 10:42:39  
I almost forgot - BE SURE YOU GET PUCHASER'S TITLE INSURANCE. I cannot emphasis this too much. No matter how good and clean that deed looks PAY FOR THE INSURANCE! I had the bad luck to get a defective deed on our current place. The original title search came back clean and the land purchase went without a hitch. Six months later when I applied for a construction loan for the house the lawyer at the local bank didn't "like the looks" of one of the past transfers. The bank's loan officer asked "Granny Harne", an eighty year old neighbor, about the people involved and she turned up an unnamed heir. Nothing fraudulent - just a misunderstanding of the inherietance laws. The cow pies really hit the fan. It took two years, required months of researching family trees, and filing and settling 89 individual quit claim deeds, to clear my title. I shudder to think what the total legal fees came to. The good news is I had purchased title insurance and my out of pocket cost was $0! Without it I'd be up to my neck in legal expenses.

And if you think that's scary just ask me about my well....


TOH

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Colin King

01-30-2007 11:08:20




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 Re: OT - Negotiating Purchase Price in reply to TheOldHokie, 01-30-2007 11:02:56  
Your story gave me chills just thinking of all the potential costs. I'm glad it worked out well for you in the end, and your advice is firmly planted in my mind.

Colin



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TheOldHokie

01-30-2007 11:24:35




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 11:08:20  
You know it's a testament to the basic goodness of country folk that of those 89 heirs, all with a legitimate legal claim to that property (albeit 1/89th of 1/7th), not a one asked for even $.01 in compensation. Once the lawyer explained that it was a technical error executing the old deed and their great-great-grandfather had never intended to grant them an interest they all just signed off. Try that in the big city!

TOH

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Colin King

01-30-2007 11:32:32




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 Re: OT - Negotiating Purchase Price in reply to TheOldHokie, 01-30-2007 11:24:35  
I'll say!!!



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BDT in Minnesota

01-30-2007 10:14:43




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 Re: OT - Negotiating Purchase Price in reply to Colin King, 01-30-2007 09:01:38  
Colin,,I'll toss a few questions your direction that you can ponder...The location,,Good neighborhood,,,do paved roads run along property,,,how long is the driveway, and what shape is it in...Any creeks or rivers or lakes on the property,,,in a flood plane area,,,,good, dependable well,,fenced,,,game reserves close by...good school district...buildings are repairable---location is not-----any stinky concerns like factories or large feedlots close by,,,,lots of healthy trees,, your other half seem interested????? This sounds like a hunters haven,,and a good little hobby farm...

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Colin King

01-30-2007 11:12:54




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 Re: OT - Negotiating Purchase Price in reply to BDT in Minnesota, 01-30-2007 10:14:43  
Good list of questions, BDT! I'll mull these over with my significant other, who is, thankfully, on board with this project :-) It is happening at her request!

Colin



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archiesfords

01-30-2007 10:09:26




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 Check it out Good know the facts!Re:OT-Negotiating in reply to Colin King, 01-30-2007 09:01:38  
First let me say that you must hire an Independent CERTIFIED licensed Inspector/appraiser to do the inspection and appraisal. You must look into this swamp as far as to how it is regulated under the Federal wetland rules and regulations. This so called swamp may restrict the use of the whole farm in what you can do there. If the land is swampy all over you need to make sure that the septic can even be installed with perk. It may require a mound or some other expensive alternative!
As far as price and value DONT ever fall in love with a piece of real estate, this is what real estate agents and sellers depend on to extract the very last dime out of you. Just dont fall for that trap. Make sure you know exactly the actual worth and market price of what you want to buy. Always make your first offer to buy much lower than what is being ask. You never know what may happen. If you are dealing through a RE agent they may even balk at you offer, and try to tell that XX would never take it therefore dont make the offer! Yeh right! That agent has a stake in this to get as much as they can. You make the offer in writing and the agent HAS to take that offer to the seller period. It helps that you will know more about this place than they do. Always talk to the neighbors about the place to find out things, anything that may help reduce the price helps. That is unless nobody knows it for sale, if that is the case, DONT let anybody know about that you are trying to buy it, not even your kids! The last thing you want to have is a another buyer to bid you up or have an agent to play against you offers. Sometimes agents will have phantom lookers just to pressure you or get you to act with haste.
Again know the place, know the real value know the real condition and always make your first offer low, who knows it may be accepted. Especially if there are no underlying loans.
I once bought a 15 acre farm similar to the one you have. There was a hundred thou against it and it was in collection. I made an offer to the collectors for $7000. my starting offer well to say the least these guys were taken back a bit. Well after many offers and counter offers the final purchase price was around $9000. Now I am not suggesting anything like this, but if the airs are living a long ways away they want out of this ASAP.
Do you home work its your job, and dont fall prey to "We just love this little place".

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Colin King

01-30-2007 10:22:04




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 Re: Check it out Good know the facts!Re:OT-Negotia in reply to archiesfords, 01-30-2007 10:09:26  
Thank you for the words of caution, and pointing out the issues with the low land.

I failed to mention that it is offered "as is."

I should be able to get an idea of land use and set-back requirements for the existing structures from the County.

The building site itself is up on a hill above the low land. County requirements are that a bid for a septic system has to be in hand at time of closing. The buyer has to put 150% of septic system bid in escrow at that time, and has 12 months to complete the work.

Thanks again for the advice!

Colin

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archiesfords

01-30-2007 10:42:05




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 A PS here! Re: Check it out Good know the facts!Re in reply to Colin King, 01-30-2007 10:22:04  
I forgot to mention when buying any old farm that has a well on it. Make sure that the well is tested for all farm chemicals especially DDT, arsenic and heavy metals. Because in the old days farmers would wash out sprayers and spreaders either near the well or near the highest output water tap. This stuff may reside there from 40 years ago. HAVE THE POTABLE WATER TESTED!!! Also check for possible buried waste pits, and since you are buying "as is" you may be stuck for any ecological time bombs!

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Colin King

01-30-2007 10:54:26




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 Re: A PS here! Re: Check it out Good know the fact in reply to archiesfords, 01-30-2007 10:42:05  
Again, you hit the nail on the head! I just got off the phone with the County Planning and Zoning office. Apparently the State Health Department does require a water test before mortgage approval.

Thanks!



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Upper Peninsula,MI

01-30-2007 11:17:59




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 Re: A PS here! Re: Check it out Good know the fact in reply to Colin King, 01-30-2007 10:54:26  
Colin. You have received excellent advice so far. Take this advice and use it. Do not go into this without the advice of experts. Get your self a good building inspector and pay their price to find out what are the problems with the buildings, wells, electrical etc. and about how much it will cost you to bring them up to liveable standards. They may say the fences are their property lines, but are they? Having been a property surveyor, get one before you buy.Good luck. Ron

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tv4fish

01-30-2007 12:51:53




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 Re: A PS here! Re: Check it out Good know the fact in reply to Upper Peninsula,MI, 01-30-2007 11:17:59  
Colin: Being a fellow Minnesotan AND currently a Licensed Land Surveyor here in Minnesota - I feel the need to state some facts here - It upsets me when people talk of surveyors as if we're lawyers and "slant" things to favor our client. Let me assure you, if that were the case, the State Board of Registration would pull that Surveyor's license to practice. The surveyor has to rely on factual information of record and dare not be biased. If a survey was done by a licensed Surveyor, you have every right to rely on that survey. Now, regarding fence lines versus survey lines, proceed with caution here, and do not accept advise from someone in a different state, as fence laws do vary from state to state.

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Colin King

01-30-2007 16:43:26




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 Re: A PS here! Re: Check it out Good know the fact in reply to tv4fish, 01-30-2007 12:51:53  
Thank you TV. There was a survey done this summer, and I've looked at the survey markers. Since you are experienced with local law, I'll ask you this question. Is it possible for there to be a non-binding survey? Or if a survey is conducted, is it always a legal and accurate description of the properties boundaries?

Thanks!
Colin



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Colin King

01-30-2007 11:23:01




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 Re: A PS here! Re: Check it out Good know the fact in reply to Upper Peninsula,MI, 01-30-2007 11:17:59  
Thank you, Ron!



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archiesfords

01-30-2007 11:16:46




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 True but !Re: A PS here! Re: Check it out Good kno in reply to Colin King, 01-30-2007 10:54:26  
But the tests for the previously mentioned Items are usually not covered by the county testers and need to go to an independent lab these test are not cheap either and should be paid by the seller if the property is purchased or if they fail the test!



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