1/16/26

The Real Estate Offer Stage: Realistic Dates, Contingencies & Pitfalls with Attorney Shivani

Navigating the offer stage is about more than just the price. In this episode, Nadia Mounsif and Attorney Shivani break down the legal and strategic nuances of crafting a winning (and safe) offer. From the importance of "official" legal names to the hidden risks of Title V septic systems and probate court, we provide the clarity you need to move from "searching" to "signed.". Key Insights in This Episode: The Power of Dates: Why you should never pick random dates for your closing or P&S. Once an offer is accepted, the terms are binding and sellers do not have to agree to changes.. The 5% Deposit: Ensure your funds are liquid and available. The larger deposit is typically due at the Purchase and Sale (P&S) agreement, and "getting money out of an investment" last minute can jeopardize the deal.. Legal Identity Matters: Use your full legal name as it appears on your passport or driver’s license—avoid nicknames like "Jim" if your legal name is "James.". The "Inspection Aggregate": Understanding how a dollar-amount threshold (like $5,000) for repairs affects your right to renegotiate or terminate.. International Funds: If receiving gift money from outside the U.S., it must typically sit in a U.S. account for at least three months to avoid money laundering red flags.. Septic & Title V (Massachusetts): The critical importance of verifying bedroom counts. A house might be listed as four bedrooms, but the septic may only be rated for three, which can halt a mortgage.. New Construction Warnings: Why you should expect significant delays (sometimes up to 6 months) for a Certificate of Occupancy, especially in areas like Somerville.. Timestamps: 00:00 – Why offer dates are legally binding 02:16 – Communicating custom contingencies (Pets, Job Changes) 04:00 – Managing the 5% deposit funds 05:33 – Strategic Pricing: The "Bidding War" game 09:21 – Explaining the $5,000 Inspection Aggregate 14:15 – Red flags with international gift money 15:00 – Avoid becoming "homeless" between leases 18:08 – Appraisal vs. Mortgage contingencies 21:00 – Radon testing and mitigation 23:28 – Septic systems, Title V, and bedroom counts 30:00 – The risks of buying a home in Probate 32:20 – New Construction: Certificate of Occupancy delays

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The Buying Process in a Nutshell | Everything you need to know (2026) with attorney Shivani Shah