Author: Saratoga TODAY

I wrote about our daily summer schedule in a column twelve years ago. I remember so clearly the day that inspired me to institute the schedule — it was the last day of school, which was a half day; I had just come home from picking my school boys up from school (at that time it was just my older two, who had just finished second grade and Kindergarten); in addition to them, I had a three-year-old, two-year-old, and five-month-old; everyone was going bananas and I felt like I was losing my mind. And it wasn’t even the first full day of summer vacation! That day I put together a daily schedule that I stuck to pretty closely all summer: the kids that were old enough went outside in the yard after breakfast until lunchtime, followed by quick baths, then lunch, then inside playing/read-aloud/errands until naptime, then dinner prep, dinner, after-dinner playing, and bedtime. It saved me that summer, and many summers since.

Our summertime daily schedule has changed in some big ways since then, since the big boys have summer jobs and I work part-time in the summer and the little ones are old enough that I don’t need them to be outside all morning for me to get things done. Some other things going on in our summers that we didn’t have back then include swimming lessons, visits to the lake, and getting my older two ready to go to college at the end of the summer.

But there are several things I do still try to enforce, for all ages as much as possible (though my oldest is an adult and my second will be shortly), that hearken back to those early days. One is cultivating boredom. The experts all say it’s a good idea for kids to be bored with some regularity. In an article on the Child Mind Institute web site called “The Benefits of Boredom,” author Gia Miller reveals that boredom “helps kids build tolerance of less-than-ideal experiences … develop planning strategies, problem-solving skills, flexibility and organizational skills … [and] fosters creativity, self-esteem and original thinking.” (https://childmind.org/article/the-benefits-of-boredom/) Even if the experts didn’t say so, I would say so, since I’ve seen over and over again that being bored leads my kids to engage in more imaginative and more creative play, and leads them to be able to entertain themselves better, which, in addition to helping them become more capable kids, was so important for me all those years when I had a small baby who needed me more than the bigger kids. 

Another thing I still encourage (more than require at this point) is outside time. My big boys get enough, between their outdoor jobs and outdoor sports, and we go to our favorite lake a lot during the summer, which often means full days of fresh air and sunshine (my youngest fell asleep on the couch two minutes after coming in at the end of such a day recently, such good exhaustion!), but I often still shoo the younger boys out to the yard when I’m trying to get something done inside and they’re underfoot. I’m usually met with complaints — “It’s too hot!” “It’s too buggy!” “There’s nothing to doooo!” — and they might spend a good few minutes when they first get out there draped all over the porch step or the ground as if they had no energy to do anything, or (worse) coming back in to ask twenty times if they can come in yet, but it doesn’t take long before they’re playing and climbing and getting dirty.

Another thing I insist upon during the summer is restricted screen time (by which I mean personal screens: video games and computers [that kind of usage isn’t allowed on the phones]; we all enjoy shared TV time and movies). My general rule about video games is one hour per weekend day per child (which, admittedly, often turns into extra turns and bonus turns, sometimes attached to having done extra chores, sometimes to just have some peaceful time for Mom and Dad!), but during the school year I never waver on my ban on them during the week. Monday through Thursday there are no video games allowed. During the summer, I’m a little more flexible, as rainy days can be especially hard. My middle- through high school boys also have their own devices for school, which I do allow them to use during the week, though the rule is no more than one hour per day. I find this to be much harder to monitor, and I often catch a boy on his computer who says, “Ummm … I don’t know?” when I ask how long he’s been on it. But I’m consoled by the fact that just having the mindset of restricted screen time results in far more restricted screen time than we would have if I didn’t have this mindset. 

I also make a lot of time for reading. The big boys have summer reading requirements for school, and there are a few books I’ll read aloud: Charlotte’s Web and Charlie and the Chocolate Factory for my littlest guy (and anyone else who wants to listen), Harry Potter and Wonder for the bigger kids. Once we’ve finished a book that has a movie, we’ll watch the movie, which is always a nice way to end one story and move on to another. Though I start every summer reading Charlotte’s Web, this was the first summer my youngest was old enough to pay attention all the way through and really *get* the storyline and details. When we watched the movie and Charlotte waved goodbye to Wilbur for the last time at the end of the fair, my sensitive boy cried and cried. Such a sad and tender moment, but it also gave me such a feeling of joy as a lover of stories that my boy’s heart had been touched and that we were able to share that (because, of course, I was crying too!).

Now that we’re nearly halfway through July, we’re firmly in summer, and I hope you’re all making the most of this time off from school and the hot weather like we’re trying to! (When I write again next month, we’ll be gearing up to go back to school, gah!)

Kate and her husband have seven sons ages 19, 17, 16, 14, 12, 10, and 5. Email her at kmtowne23@gmail.com.

The Process from Contract to Closing

The purchase or sale of their home can be one of the most stressful things that a client undertakes.  That is especially true in today’s market where multiple offers are common and houses may sell quickly above the listing price.  Here is a basic set of questions and answers to help you navigate the process successfully.

Who prepares the contract of sale?

Contracts for sale of real estate are typically prepared by the real estate agent representing the buyer.  If no real estate agent is involved, then the contract would likely be prepared by the attorney for the buyer.

Are there standard forms for real estate contracts?

Yes. There is a standard form for real estate contracts, which sometimes can vary based on what county you are in. 

What are the general terms of the contract?

The contract covers all the terms you would expect to see, including the price, financing, title issues, taxes, inspections, cost prorations, attorney approval, and perhaps most importantly – the timelines.

What are the key timelines?

The key timelines include: when the deal will close, how long the attorneys have to review the contract, when financing will be confirmed, and when the inspections take place.

How long does it take to close the deal?

Typical real estate contracts take 60 to 90 days from initial contract to closing the title.  With the current real estate market, however, many deals are atypical.  In an effort to appeal to a seller in a situation where multiple offers may be made on the same property, buyers today may offer to close in an expedited manner, i.e. in 30 to 45 days.

When do the attorneys review the contract?

The attorneys review the contract after both parties sign it. This is what is known as the attorney review period, which typically lasts three to five days.  During that time, the attorneys have an opportunity to request changes or clarifications to the contract.  Such changes and clarifications are subject to approval, rejection, or modification by the other attorney.  Once the negotiations are concluded, the attorney approval period is considered “closed”.

How does financing play a role?

Most people need to obtain a mortgage to buy their home.  As a result, contracts generally have a mortgage contingency, which states that the buyer must seek and obtain a mortgage within a particular time frame.  Usually, the time frame is approximately 30 days.  It is understood that if mortgage commitment is delayed, that deadline can be extended.

Are all contracts contingent on financing?

No. In fact, in today’s competitive real estate market, more deals are “cash deals”, meaning the buyer is not conditioning their purchase on their obtaining a mortgage.  In those cases, the buyer either has the actual cash in hand or has independent access to financing that they can rely on, i.e. an existing home equity line of credit.

What happens if the buyer cannot get a mortgage?

If the contract is conditioned on obtaining the mortgage, the buyer would be able to get out of the contract if they cannot obtain the financing they need.  This is somewhat uncommon.  In fact, many buyers come to the process armed with a pre-qualification letter from their bank confirming they have the ability to obtain a mortgage up to a certain amount.

Can a purchase be conditioned on the sale of another home?

The purchase contract can be conditioned on the sale of the buyer’s current home.  In that case, the buyer is presumably using the funds from that sale to purchase their new home.  If the seller is willing to agree to such a condition, they may ask that it be lifted if a second buyer approaches them to purchase the home without such a condition in place.

What is involved with a title search?

Title searches are customarily done in advance of the closing.  A title search company will review the current and prior deeds to confirm that the seller owns the property they are selling.  In addition, the title search will address whether there are any liens against the property that must be resolved before closing.  Liens can exist if the seller has any judgments against them, if there is a mortgage against the property, or if there are any unpaid property taxes.

What happens if liens are found?

If liens are found against the property, then they would have to be paid off at closing.  For example, if the seller did not timely pay their property taxes, those back taxes would have to be paid off at closing out of the money the buyer brings to the table.

What type of inspections are typically done?

Inspections are typically done for the structural condition of the home, pests, mold, radon, and water and septic issues.  If any of these inspections reveal a problem, then the buyer would have the opportunity to either get out of the contract or potentially renegotiate the purchase price.  In response to a request to renegotiate, the seller can refuse and take the position that the sale is an “as is” sale and not agree to lower the price.

Are inspections always required?

No.  Given the current competitive real estate market, some buyers are willing to forgo inspections in an effort to make their offer more appealing to the seller.  In that case, the buyer obviously takes the risk that there are defects in the home that will require attention after they buy it.

What happens at closing?

At closing, the buyer pays the seller for the home and receives a deed in exchange.  If mortgage financing is involved, the buyer signs the mortgage, and it is recorded in the County Clerk’s office along with the deed.  The closing date set in the contract is generally an “on or about” date, meaning that the closing will not necessarily occur on that particular date, but generally within a week or so of it.

The real estate closing process can be stressful for buyers and sellers.  It is advisable to obtain the services of an experienced real estate attorney to ensure that your rights are protected, and that the process goes as smoothly as possible.  To those prospective buyers out there – happy house hunting and good luck!

Matthew J. Dorsey, Esq. is a Shareholder with O’Connell and Aronowitz, 1 Court Street, Saratoga Springs, NY. Over his twenty-seven years of practice, he has focused in the areas of elder law, estate planning, and estate administration. Mr. Dorsey can be reached at (518)584-5205, mdorsey@oalaw.com and www.oalaw.com.