Home Buying Rules: Legal Steps and Buyer Rights
Purchasing a home involves many rules, legal steps, and essential rights every buyer should understand.
Every home buying journey looks different. My Home Pathway offers free personalized assessment to help you navigate the process with expert guidance.
In today’s world, knowledge is power.
This is just as true when it comes to buying a home - the difference between keys to your dream home or coming up empty-handed could be a small but highly important piece of information you had not considered.
All You Have To Do Is Ask
Luckily, the government understands that there have been, and may still be, malpractices when it comes to housing, so they've implemented some laws to help protect the home buyers of our country.
Because of these laws, home buyers have the right to ask questions about anything they do not understand about loan charges and terms.
Key Takeaways
Understand Home Buyers' Rights: You have the right to choose your home inspector, review all documents before signing, and walk away if conditions aren’t met.
Know the Legal Steps for Buying a House: The process includes making an offer, signing a purchase agreement, completing a title search, securing insurance, and closing the deal.
Master the Rules for Buying a House: Lenders require steady income, low debt-to-income ratios, and proof of savings. Getting pre-approved improves your chances.
Be Aware of Hidden Costs: Beyond the purchase price, factor in HOA fees, insurance fluctuations, closing costs, and maintenance expenses.
Take Action Now: Get a free assessment to navigate home buying rules, home buyers' rights, and the legal steps for buying a house with expert guidance.
Note: If you feel that you’ve been discriminated against at all or otherwise have had your rights as a homebuyer violated, you can take any of the following actions:
Contact your local Attorney General’s office
Report the lender to the relevant government agencies, such as the Federal Trade Commission or Office of Fair Housing and Equal Opportunity
Sue the lender in federal district court
We’re here to help. We’ve compiled the most important things for you to keep in mind as you embark on your home buying journey. My Home Pathway explains these housing costs clearly before you commit.
Basic Rules for Buying a House
Before jumping into the housing market, you’ll need to follow these fundamental guidelines:
Save at least 3.5% for a down payment (more saves you money long-term) [source]
Get your credit score above 620 for conventional loans [source]
Maintain steady employment for two years minimum
Keep your debt-to-income ratio under 43%
The 28/36 Rule: Limiting Housing Expenses
The 28/36 rule is an important guideline that uses your gross income to figure out how much you can afford to spend on housing.
This helps potential buyers understand their maximum allowable housing costs before taxes.
This rule suggests that you should spend no more than 28% of your gross monthly income on housing costs, which include your mortgage payments, property taxes, and homeowners insurance.
Additionally, your total debt payments, including credit card bills, auto loans, student loans, and other debts, should not exceed 36% of your gross monthly income. [source]
To put this into perspective, let’s say your gross monthly income is $5,000. According to the 28/36 rule:
28% of $5,000 equals $1,400 per month for housing costs.
36% of $5,000 equals $1,800 per month for total debt payments.
In this scenario, you would aim to keep your housing costs below $1,400 per month and your total debt payments below $1,800 per month.
This balance ensures that you can comfortably manage your mortgage payments while meeting other financial obligations. By adhering to the 28/36 rule, you can make informed decisions about how much house you can afford and maintain financial stability.
Building a Down Payment
Building a down payment is such an important step in the home-buying process.
A down payment is the amount of money you pay upfront when purchasing a home, typically ranging from 3.5% to 20% of the purchase price [source]. A larger down payment can significantly reduce your monthly mortgage payments and help you avoid paying for private mortgage insurance (PMI).
Here are some practical tips for building a down payment:
Start Saving Early: The sooner you start saving, the more time your money has to grow.
Set a Goal: Determine how much you need to save and set a specific goal.
Automate Your Savings: Set up automatic transfers from your checking account to your savings account to ensure consistent saving.
Consider First-Time Homebuyer Programs: Many programs offer down payment assistance or other benefits for first-time homebuyers.
Explore Other Funding Sources: You may be able to use gifts or grants to help fund your down payment.
By focusing on saving and exploring various funding options, you can build a large down payment and lower your mortgage payments.
Legal Steps in the Home Buying Process
The legal process includes several phases:
Making an official offer in writing
Signing the purchase agreement
Completing a title search
Closing with proper documentation
Getting homeowner’s insurance
Note: Homeowner's insurance is a important cost to consider when buying a home. It is often linked to securing a mortgage and, alongside other costs like taxes, contributes to overall household expenses. Budget to ensure that monthly costs do not go over a specific percentage of income.
Your Rights as a Home Buyer
Understanding your rights as a home buyer protects you throughout the process. You have the right to:
Choose your own home inspector
Select your preferred title company
Review all documents before signing
Walk away if conditions aren’t met
Additionally, understanding how your annual household income is used to calculate affordable home prices can help you align mortgage payments with your income levels, using guidelines such as the 5X rule and the 28% rule.
Understand WHY You've Been Denied (And How to Fix It).
Not all loans are approved, but it's important that you ask to better understand why your loan was denied.
This can help you understand what you need to improve in order to get approved the next time around, and also ensure that you're not falling victim to discriminatory lending practices.
You can actually request a free copy of the credit report that was used in the denial of your loan so that you have the most accurate information as you assess what you need to do in order to buy your ideal home.
After the passing of the Fair Housing Act of 1968, it is now illegal to discriminate in the purchase, sales, rental or financing of housing based on age (unless under the legal age to sign a contract), gender, marital status, race, religion, skin color, or national origin.
It was further amended in 1988 to add disability and family status. The creditor is allowed to ask if you have to pay alimony or child support, but they cannot ask you if you plan to have children.
Of course, if disclosing alimony or child support helps you qualify for the necessary income of a loan, it would obviously be in your best interest to disclose that information, but you are not obligated to tell them.
Understanding Mortgage Requirements and Debt to Income Ratio
Strict lending requirements shape today’s mortgage landscape. Most lenders look for:
Two years of tax returns showing steady income
Recent bank statements proving savings capacity
Documentation of all assets and debts
Proof of current employment status
Explanation of any credit issues or gaps
Minimum credit score
Note: Different lenders have varying requirements, with conventional mortgages typically needing a score of 620, while FHA loans might require a score of 580. This score is crucial in the mortgage approval process alongside other factors such as the debt-to-income ratio.
First-time home purchases often overwhelm with complex processes and multiple players.
Your monthly mortgage payment contains several components:
Principal and interest
Property taxes (which vary by location)
Homeowners insurance
Possibly PMI (Private Mortgage Insurance)
Getting Approved for a Mortgage
Many buyers face challenges securing mortgage approval. Getting pre-approved marks a good first step.
Understanding the interest rate is essential as it impacts mortgage qualifications and home buying costs, influenced by things like credit scores and loan types.
If you’ve faced loan denial or need guidance, My Home Pathway provides personalized support to boost your approval chances.
Market Conditions Matter
Understanding market conditions affects your buying strategy. Current rules might shift based on whether you're in a buyer's or seller's market.
Know Your Terms - Title Insurance, Deed, Purchase Agreement and Settlement Statement
Title insurance is required by mortgage companies to ensure that the title, or ownership rights, you receive to the home is completely valid and free of any claims.
A title search will need to be done in order to assess any outstanding mortgages, liens, HOA dues or other unsettled issues but it ultimately protects you from any issues that could occur down the line that may lead to a property dispute.
Title Insurance
Protects against ownership disputes
Required by mortgage companies
Follows title search identifying liens, outstanding mortgages, and HOA dues
Shields you from future property claims
Property Deed
Provides legal ownership documentation
Contains property description and boundary lines
Offers different ownership options (joint tenants, tenants by entirety)
Requires attorney consultation for joint purchases
Purchase Agreement
Legally binding contract governing the home sale
Outlines rights and responsibilities for all parties
Should describe property using measurements, not landmarks
Varies slightly by state laws
Settlement Statement
Standard form used at loan closings (sometimes called "HUD-1")
Details all closing costs, charges, and how funds are distributed
You have legal right to receive copies of these documents
So important for understanding your complete financial commitment
Understanding these documents helps you navigate home buying rules and track housing costs beyond just your monthly mortgage payment. This paperwork impacts everything from your down payment to property taxes and affects FHA loans differently than conventional financing.
Getting Appraised
Getting an appraisal report will help ensure that you're paying a fair price for your new home. You'll want to ensure that the property is appraised in a fair and neutral manner. As the home buyer, you'll need to pay for the appraisal.
Appraisal Reports Matter
You pay for the appraisal as the buyer
Ensures you're paying fair market value
Includes comparative market analysis of similar properties
Request a copy for your records - it's your right
Home Inspection Essentials
Reveals defects affecting value and safety
Identifies problems with waste systems, HVAC, water supply
Detects hazardous materials like lead paint
Professional inspectors catch what you might miss
Strategic Contract Provisions
Most contracts include inspection contingencies
Work with your lawyer if this provision is missing
Some buyers skip inspections to appear more competitive
Weigh this carefully - saving time now could cost thousands later
Your Right to Know
Sellers must disclose known property issues
Monthly mortgage payments can skyrocket with unexpected repairs
Different home prices and down payments directly impact the affordability of monthly mortgage payments. For example, a higher home price or lower down payment can result in a higher monthly payment, which may take up a larger percentage of the buyer's income. It's a good idea to adhere to budgeting rules to avoid financial strain.
FHA loans have specific property condition requirements
Housing costs extend far beyond down payment and purchase price
Property Taxes and Insurance Considerations
Homes with defects may face insurance challenges
Property taxes might not reflect true value with undisclosed problems
Documentation protects your investment long-term
My Home Pathway helps you understand these critical evaluations
Don't rush these vital assessments - proper evaluations protect your financial future and ensure you understand the true housing costs beyond the sale price.
In some hot housing markets some buyers may opt to intentionally leave this out of their contracts to be more appealing to the seller but we'd recommend you proceed carefully with this type of strategy. It can definitely help you stand out and may give you a slight edge over your competition, but there is also the huge risk that you're buying a faulty home that could ultimately cost you much more down the line. Weigh your options carefully.
Important Contract Elements
Your purchase agreement must include these essential components:
Clear property description and address
Purchase price and financing terms
Earnest money amount and conditions
Inspection and appraisal contingencies
Closing date and possession timeline
Home Inspection Guidelines
A thorough home inspection checks:
Structural integrity
Electrical systems
Plumbing functionality
HVAC performance
Roof condition
Foundation status
Financial Protection Measures
Comparing buying versus renting helps validate your decision. Smart buyers also:
Get multiple mortgage quotes
Review all closing costs
Maintain emergency savings
Purchase appropriate insurance coverage
Closing Day Requirements and Closing Costs
Bring these items to closing:
Government-issued photo ID
Proof of insurance
Certified funds for closing costs
All required documentation
Be Informed of Any Encumbrances on The Title
Okay, okay. Encumbrance is a bit of a fancy term and perhaps not everyone may fully understand what it means, but as a home buyer you have a right to know if there are any issues with the home. This doesn't just apply to physical issues but can also apply to financial issues as well.
Therefore if there are any liens, easements or other issues associated with the home you have a right to know as those issues could come back to haunt you later if not properly settled.
Title Search Process
The title search reveals:
Property ownership history
Existing liens or judgments
Boundary disputes
Easement rights
Outstanding taxes
If you've faced mortgage denial or need guidance through these complex rules, My Home Pathway stands ready to help. Our platform creates personalized action plans to boost your approval odds and streamline your path to homeownership.
Take control of your home buying journey today - start your free assessment and receive expert guidance through every step of the home buying process.
Remember: Understanding home buying rules, legal requirements, and your rights as a buyer creates the foundation for successful homeownership. Let My Home Pathway guide your journey from start to finish.
Disclaimer: My Home Pathway is a technology-driven risk improvement platform. We are not a mortgage broker or lender and are not representatives of any home loan programs. We are not a credit repair company, HUD-certified counseling agency, or one-on-one home counselor. While we offer mortgage-related services, we are not a bank, non-profit organization, foundation, or real estate agency. We may partner with those organizations to provide content and access related to our services.
The information provided is for educational purposes only and should not be considered credit repair advice or housing counseling services. For credit repair assistance or housing counseling, please consult with appropriate certified professionals or HUD-approved agencies.
Fintech Founder at My Home Pathway. VC Backed Startup. Financial Inclusion Leader and Speaker.
Risk and project management professional with experience in Federal Reserve banking regulations, risk management policies as well as risk management advisory services. Critical skills include credit risk analysis, capital markets, strategic planning, current state assessments and target operating models. Ability to assess evolving regulatory guidelines and potential impact on financial services organizations operationally and strategically.
Mr. Johnson received his Bachelor of Science in Management and International Business from Penn State University where he was a Bunton Waller Scholar and Division 1 athlete and his MBA in Finance and Accounting from New York University.