Non-Negotiables and Homebuying Deal-Breakers

by Lori Madden 02/02/2020

Before you sign on the bottom line, know which items are negotiable and which negate the deal entirely. Clearly defining these in advance can save you significant headaches when the buying bug takes over. Your agent will remind you of your non-negotiables and keep you on the right track.

Here are some big-ticket items to keep in mind before closing out a contract:

Major construction issues. During the inspection, if issues with the roof, a significant system like the wiring, plumbing, or HVAC comes up, negotiate to have them fixed or walk away.
Review any protected or wetlands designations that apply to the property. Even though the home, pool, fence, pond or ditch is already there, these designations mean you’ll have to get permission from a conservation committee or agency in order to make any changes to your property.
If any questions come up in the title search, and it seems there may not be a clear title, walk away. Even though the legalities could eventually get sorted, you’ll be out attorney fees, stress and time lost.
Review the right-of-way, easements and utility access. Utilities with lights, poles, pipes or wires crossing the property have the right to inspect, repair, dig and otherwise take care of the utility. Before you can put in a pool, fence or flowerbed, you may need their permission. In addition, some cities have right-of-way clauses meaning they can add berms, boulevards or widen roads into your property. They also have the right to approve where you can locate a driveway and the setback (how close structures are to the property line, roads or easements), which may severely impact how you can build.

If there is land behind your property that does not have egress, that landowner may have easement rights. That means, they may install a driveway right through your land to get to theirs. Easements are listed on the deed, so have your agent or title lawyer clarify anything you don’t understand.

Make sure your real estate agent knows what’s non-negotiable for you so that the property you fall in love with is the one of your dreams, not your nightmares.

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About the Author

Lori Madden

As a Florida native growing up in Sarasota, I have seen my hometown grow from a sleepy coastal town to a highly sought-after destination along the shores of the Gulf of Mexico. After working in Chicago for 5 years, I returned to Sarasota and saw it through a new lens and really began to appreciate what makes Sarasota so desirable, including temperatures that allow for year round outdoor activities including tennis (a personal favorite), golf, boating, kayaking, fishing, paddle boarding, or just relaxing and/or shelling on our pristine sandy shores, including Dr. Beach’s #1 beach in the United States for 2017, Siesta Key! Sarasota’s cultural amenities are many and diverse, appealing to a wide range of arts lovers. Downtown Sarasota has become a destination in itself, drawing many new developments for those who want to be within walking distance of Main Street's offerings and the picturesque bayfront and marina. Foodies will find an eclectic mix of locally owned and operated restaurants offering something for everyone, and there are now Farmers Markets every day of the week in various locations throughout Sarasota, but the Saturday morning Farmers Market in downtown Sarasota draws the biggest crowds. Since 1988, my passion has been selling real estate, representing both buyers and sellers. I have been recognized by my clients and customers for an uncompromising work ethic and dedication to helping them achieve their real estate goals. Relying on my experience as a real estate paralegal and being highly organized, I am able to help make the transition between contract and closing a smooth one for my clients. With an eye for interior and landscape design, I've been known to pitch in and help Sellers minimize and/or reorganize their belongings in order to stage their home to maximize its sale potential. I specialize in out of state buyers looking for their piece of paradise along the Gulf Coast and make it a priority to keep them up to date on our quickly changing local real estate market. I welcome the opportunity to share with you all Sarasota and her surrounding islands have to offer!