There’s always something to howl about.

Category: Ask the Broker (page 3 of 6)

This one is easy… posts get this category if they respond to a question posed using the Ask The Broker button. Only contributors to BloodhoundBlog who are brokers should ever post an article that uses this category. If the question pertains to financing, Brian would be included among this group. Of course, those of us who are not brokers can always comment on these posts.

How Much is My Agent Charging Me?

Lin Savage wrote:

I am evaluating a proposal from a realtor to sell my current home and cash-pile-notes
represent me in buying a new home (all in Texas). I would like some assistance in clearly understanding the commission structure as I consider her proposal.
In the “right to sell” doc that she gave me, it says that I will pay her 6% of the sales price, and then says that she will offer 3% to the buyer’s broker.Later in the doc, it says she will charge a 4% commission if she represents me on the purchase of my new home (which I intend to do) assuming she is paid a 3% commission from the new home seller. She also says that if one of her subagents represents the buyer of my current home, that she will reduce the commission by .5%.

I read your comments about the buyer always paying … I’m trying to follow the money trail to see if this arrangement makes sense for me, and find myself going in circles. Can you explain this to me? Thank you!

Lin,

It looks to me like the total maximum amount you would be paying as a seller is 6% of the sales price of your current home. The 3% she would offer to the other agent is not in addition to the 6% but is money your agent would pay to someone else, who was representing the buyer. If I am correctly understanding what you have written, the 4% would become the maximum (instead of the 6%) if you also purchase your new home through that same agent. And if your agent (or one of her staff of agents) can successfully sell the house themselves (without having to pay a 3% co-broke fee to an outside agent) she will reduce the commission by a half a percent.

If I’m doing the math correctly – and if I were you, I would clarify each of these points directly with that agent prior to signing anything – if her team sells your home and you buy a house through them, the most you would pay is 3.5% and if Read more

Is Now The Time To Move Up?

Nicole writes:

We have a great, 6 bedroom house in Gilbert. I’ve found a “perfect” (floorplan and upgrade-wise), new-build in Mesa with more square footage and a marginally bigger lot. We figure we could sell our house for perhaps over the price of the new place. My husband is hesitant because he thinks our current house will not sell in this slowed housing market. I say now is the time to move up. What do you think? -Nicole

Based on the facts presented, I think that I am going to agree with your husband.

Are interest rates (historically speaking) quite low? Yes. If one was going to buy a home in the near future in the Phoenix area, would now be better than later? Again, yes. But part of your question includes the concept of selling your present home for a price equal to or greater than what the new home would cost. Unless you planned on paying MORE per month or more out of pocket it does not look like you can make the move at this time. The data you’ve provided is quite limited but you have also included that you like the new home more than you like your present home. So … it looks like the price range you are thinking your present home will actually sell in is not correct. If the new home is somehow “better” than the one you are in then it will sell for more than the house you are in now. The only way this would not be true is if you are making a significant trade down in the quality of the neighborhood. This does not even take into account that your closing costs, buying and selling with commission will be at least 10%. Which would mean that if your current home was worth the same price as the house you were buying you would still need to come up that amount in cash or wind up with a loan that was at least 10% more than the one you have now.

I’m not trying to stop you from getting what you want, just Read more

Ask The Broker – What Do We Do If We Can’t Find The Listing Agent?

We (my fiance and I) put in an offer on a condo priced way below market, and the seller would like to take us up on the offer. However his agent is absent, disappeared w/o a trace.

The seller is bound by contract to his listing agent. Since our agent and the seller have been unable to get in touch with the sellers agent, the seller is only hesitant because he has to pay the commission to an absentee agent.

Is there anything that we can do to move forward?

Yes. Write an offer, and ask your agent to submit it – to the listing agent’s broker.

The fact that the listing agent can’t be found is really not an issue. It’s a nuisance… and we deal with nuisances all the time… but it’s not an issue.

The listing is actually an agreement between the seller and the listing broker – not the listing agent. The broker will either handle it personally… or s/he will delegate the duty to an agent in the brokerage.

The issue of whether or not the seller must pay a commission is really of little concern to you. You want to buy a house – the sellers want to sell a house – and that’s all that really matters.

Ask The Broker — Attending The Closing

Fred asks:

I can not be at the closing to sell my home, due to distance. Is
this an acceptable plan? What risk? I am told I need to sign the
deed, early, in order to settle. I need to sell the house, but can I
miss the closing & do so with complete confidence that this will no
cause me problems later?

Having been licensed since Nixon was in office, escrow closings aren’t foreign to me. I have no clue how many closed escrows I have under my belt. I had a better chance of guessing how many jelly beans were in the huge glass jar at the drug store when I was a little kid.

I have yet to attend my first one. When we first started doing business in Idaho, the agents we hired for our team asked us how we were going to attend all the closings. After seeing our glazed-over RCA dog look for a few seconds, they figured we had no idea what they were talking about. Idaho is an escrow state.

polar bears trapped on ice

Having spent my entire career in California which is also an escrow state, sitting around a big ‘closing’ table wrangling over details just hasn’t been part of my professional experience. As a young man entering the business as a blank slate, my mentors taught me the successful closing of an escrow was dependant upon all of the professionals involved doing the job for which they were hired. I’ve trained my successor, my son Josh, the same way. If those pros aren’t up to the task, you can find yourself isolated and adrift.

By the way Fred, signing the deed ‘early’ is SOP in an escrow state. The escrow will hold it and record it only when the entire contractual agreement has been satisfied. When signing, don’t forget it needs to be in the presence of a notary public who will attach her ‘okey dokey’ to the document.

If your home is being sold in what we Left Coasters call an ‘attorney state’, I can only tell you what I’ve done in those transactions. I’ll save that for later.

If it’s Read more

Ask The Broker: Is There Any Diversifying Alternative To Real Estate Investing?

Nick writes:

Hi. I often scan your site and you seem to have collected a group of savvy and knowledgeable contributors. Here’s my question for you and them: What is the opposite of real estate? I know diversification is a smart strategy and many investors limit their risk by investing in something that flourishes when their main investment founders. Is there any sector or type of investment that traditionally performs well when real estate investments do poorly?

I disagree with your foundational premise. Diversification is for those who don’t know enough about what they’re doing. They fear loss of investment capital so they ‘balance’ each part of their portfolio with something that will generally perform better if their opposite does badly.

It’s called Playing Not To Lose.

Diversification is centered on risk and its reduction. I submit that your risk is greater or lesser based upon the degree to which you absolutely know what you’re doing in real estate. Let’s take an example.

If a few years ago the investment choices in your local market were becoming less appealing, and you took the equity in your properties to Phoenix, how would your net worth look now? In 2003 in San Diego my clients were hard pressed to find units that still made sense on a month to month basis, and could be acquired with low down payments. They knew it would only get worse as prices continued to rise. (which they did of course)

They didn’t look for something to balance this move. Phoenix now is in the middle of a correction and my clients are still doing just fine. They’ve increased their net worth significantly, and later this year or early in ’08, will take their increased equity and trade some of it to yet another growth region.

The difference between those who stayed ‘safe’ in SD and those who took some or all of their SD equity to Phoenix is, in anyone’s judgment, staggering.

Knowing what you are doing reduces risk. Having generous cash reserves is what I’d recommend instead of putting a governor on your growth via diversification. I’ve included a link below which talks about Read more

I Told My Agent About The House I Wanted To Buy

Rob wrote:

After moving to the area and looking around at properties for a while, I saw one place I was interested in and contacted the seller ‘s agent directly. She agreed to show me the property, and since she was located out of town encouraged me to find a local agent who could show me more things in the area. After looking for a while with another agent and not finding much that I was interested in, I told him about this place that I had already seen and we went and looked at it together.My question:
-Is there any reason that my agent would like me to buy another property instead of this one? Is the sellers agent entitled to more of the commission? I get the impression that he was hesitant to show me this property again and that he is trying to steer me toward other places.
-Also, would it be unreasonable to ask that he reduce his commission since I was the one that found this place?

I just saw the excellent response from Doug Quance, after writing this one. Decided to go ahead and post mine too – as my answer is a bit different.

Rob, the issue your current agent seems to be concerned about is called “Procuring Cause” – who was the “reason” you chose that particular property. Based on my understanding of how it works – and would be enforced if a subsequent agent were to interfere with an existing relationship – your current broker doesn’t have much to be worried about. There is a vital component of procuring cause that is not evident here and that is usually referred to as an “uninterrupted chain of events“. Also, taking into consideration the fact that the listing agent encouraged you to get your own agent, my take on this is it would be totally alright for your current agent to write the offer on the house you want.

I wouldn’t have any way of knowing what the listing agent’s commission would be if she wrote the offer or if it was written by another agent, so can’t answer that Read more

Ask The Broker – Why Is My Agent Steering Me Away From This House?

After moving to the area and looking around at properties for a while, I saw one place I was interested in and contacted the seller’s agent directly. She agreed to show me the property, and since she was located out of town encouraged me to find a local agent who could show me more things in the area. After looking for a while with another agent and not finding much that I was interested in, I told him about this place that I had already seen and we went and looked at it together.

My question:
-Is there any reason that my agent would like me to buy another property instead of this one? Is the sellers agent entitled to more of the commission? I get the impression that he was hesitant to show me this property again and that he is trying to steer me toward other places.

-Also, would it be unreasonable to ask that he reduce his commission since I was the one that found this place?

You have a small predicament here that I’ll try to explain.

The listing agent who showed you the first property did so in the interest of selling her listing… but not to pick you up as a client, as you are geographically undesirable… hence why she recommended you find a local agent who could show you more listings.

When she showed you the property, she became the procuring cause of your interest in purchasing the property… and as such, she might try to deny a commission to the subsequent agent who has been showing you properties that you don’t want to buy.

The reason why this subsequent agent is hesitant to show you that property again is that he fears he will not get paid to represent you… which may happen should he write an offer and take you through to closing.

If I were the listing agent, I would pay the new agent… and so would Bloodhound Broker Greg Swann, as well as many other brokers. Ultimately, we want our listings sold, and many Read more

Ask the Broker: An undisclosed verbal easement?

This is one for The Hardy Boys: The Case of the Stolen Dirt.

As a buyer what rights do I have in the following scenario? I purchased a tract of land in 08/06. Closed on the deal 10/06. Visited the tract in 12/06 to find extensive excavation was performed for road building material without my approval. When questioned, the Broker/owner informed me that he forgot to mention that the developer (real estate agent that works for the Broker/owner) had a verbal agreement with the individual that sold the agent the 1/2 section for subdivision that if any material was needed to complete a road project further up the road and on a separate subdivision that it would come from the existing parcels. The agent owned and was attempting to sell two remaining parcels that she could have taken material from. She however gave approval to excavate mine. As a buyer I was never informed of any verbal agreement regarding this and there were no disclosures to this agreement. What rights do I have short of taking this disingenuous realtor to court?

The bad news is, your recourse is probably a lawsuit. The good news is, at least in Arizona, you will almost certainly win.

In Arizona, there is no such thing as a verbal easement. If a previous owner had given a developer verbal permission to remove dirt from your parcel, that verbal permission lapsed when you closed escrow on the land. The person removing the dirt since you took ownership is guilty of trespassing, theft and, reasonably, is liable for damages.

Having said that, I’ll bet you can guess the next part: You need to take this up with an attorney. You are aggrieved, and you have a right to be made whole, but this won’t happen without at least a little saber rattling.

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In a Rent vs Buy Bind Right Now

Eric writes:

Hi Greg!

I am writing because I really enjoy your blog. I’m licensed, but haven’t worked with realty in years due to being back in IT (which you also seem to have a passion for), so I enjoy hearing from the experts. I’m in a rent vs buy bind right now. I have someone that can help with a rent-to-own (agreement for sale I believe?) situation, but the main reasons I have for buying a house is that I can take deductions for home office and mortgage interest.

Owning is several hundred more, but temping. However, if during this rent-to-own deal, I’m not able to take those deductions.. I think I’d prefer to save the money, rent something equally as nice, and watch the market, rates, and my credit very carefully.

Are you familiar with this? I see plenty of rent-to-own/lease option etc. wording on craigslist rentals, but do you know if the tax man allows you to take deductions on places you are “renting to own”?

Appreciate any feedback, have a GREAT week 🙂

Eric

Hi Eric, Russell here. The Ask the Broker questions get passed on all of us – so I’ll toss my hat into the ring on this one.

It is my understanding – and also logical, if you think about it – that you can only deduct the interest if you are actually paying the interest. With a rent to own agreement you aren’t liable for the interest, aren’t actually paying it and therefore can not deduct it. So, based on your question, you would be better off renting. But that isn’t the only reason you would be better off renting. There is probably some exception to just about any financial “rule” one can write and I’m sure there are some who will disagree with what I’m about to say here – but I’ll go ahead and say it anyway.

Combining a lease with a purchase agreement is, for most people, the worst of all possible worlds. If you are the tenant/buyer you usually wind up paying more in rent than you ever would if you “just rented”. As most agreements of that Read more

Our Home Has Only Been Shown One Time In Five Weeks

Heather wrote in an email to BloodhoundBlog:

We listed our house right before Christmas. It has only been shown one time in 5 weeks. Can this be attributed to the holidays, our realtor, price? We have listed in the area listings papers and homes and land and we have signs but that has been the extent of advertising. An open house is scheduled for in 2 weeks. What would
you suggest we do? Thanks

When we look at the subject of marketing it is important to know WHO we are marketing to. Marketing isn’t done to “the public” but to “A public”. The two primary “publics” a home seller needs to reach are other Realtors and home buyers. The communication lines used to reach those two are not necessarily the same. For example, “Homes and Land” can be a good way to reach possible home buyers but would not be a reliable method to reach other agents.
Open houses have almost NOTHING to do with actually getting a home sold. I know there are people who will want to disagree with that statement – but they have not fully examined the facts. All real buyers either are or are not working with an agent. If the buyer has an agent the open house would have nothing to do with them seeing the house, even if they happened to stop by while the house was being “held open”. The buyer with an agent will usually wind up seeing the house when it is convenient for them (which is seldom Sunday afternoon). If the buyer did not have an agent the only thing it is necessary to do to get them to call is NOT put a “take one box” on the sign. The original purpose of a “take one box” was to improve the quality of sign calls. Skip the box with a flyer and if they see the house, don’t have an agent and like it – they will call.

Open houses, ads in picture magazines, web sites, Realtor.com, etc. are ALL attempts to get a buyer (who does not have an agent) to originate a Read more

Ask the Broker: Can I call the listing agent on the carpet . . . ?

I made an offer for a listing that stated the place has “brand new carpets” (not newer or new, clearly “brand new”). I found out after asking many times and when it didn’t make any difference money-wise that the carpet was installed when the seller moved in which is 1.5 years ago. Am I crazy to be totally upset by it? The seller has a dog and the carpet doesn’t look great. Can I file a complaint somewhere for her false advertising?

Okay, first, this is an excellent argument for working with a buyer’s agent. I would have walked into that house the first time and said to you, “This carpet is not new.” Brand new carpet smells like formaldehyde, for one thing, but it also has a sheen on it that wears away in just a few weeks of normal use. There is no way an experienced Realtor could mistake new for newer or used carpet. There are too many tell-tales that tell the tale on carpet that has been lived on.

So can you file a complaint for false advertising? My guess would be no. At the bottom of the real estate listing, it will have said, “Buyer to verify all pertinent details” — or language to the same effect. We have more buyer protections now than pure caveat emptor, but not many more. The inspection period provided for in your purchase contract is your opportunity to discover whether the horse you are proposing to buy really does have a leg at all four corners. If it doesn’t, and if the deficit is material — meaning it matters to you — then you should cancel the contract or seek redress.

This again is another good reason to have professional advice. If you’re paying a market price for a home that is not delivering market value, you should either cancel or renegotiate. If you are paying well under the market price, you might resolve to grin and bear it.

The seller’s agent also pulled a convenient offer out of her hat every time she needed to pressure us, but I don’t have any proof Read more

Ask the Broker: Should I Wait Until January to Sell?

I’m wondering if (my) house should be listed now or should we wait until the middle of January? I’ve heard that it’s better to wait until after the holidays.

We are often asked this question this time of year. The prevailing sentiment among sellers is that Spring is always the best time to sell. This perception is based on the fact that Spring and Summer months generally enjoy a more active real estate market and more recorded sales, with January marking the seasonal turning point. But while more homes sell during this time of year due to heightened buyer activity, there also exist a much greater number of homes offered for sale: More buyers and more competition among listings.

I personally never suggest that someone wait until January to offer their home for sale, Sure, the buyer pool is somewhat diminished during the holiday season, but it is really a quality versus quantity issue. We all know first hand what a valuable commodity our discretionary time is this time of year. Most if not all of the casual home shoppers are busy with other commitments, leaving only the truly serious buyers out there looking. And, what better time to make a purchase which is hugely emotional than during the season where thoughts of family, hearth and home are forefront in our minds and visions of sugarplums are dancing in our heads? Speaking from my experience only, December is consistently one of my busiest real estate months (second only to July).

As a final thought, the “correcting” real estate market that we are currently facing further supports my argument for not waiting until after the new year. Seasonal factors are only important in the context of all other factors being relatively equal. If prices continue to decline (as many, many believe they will), there is no time like the present.

Ask the Broker: Can I cancel my listing agreement . . . ?

I am currently in a contract with an agent who is not only disappointing me with her lack of enthusiasm and professionalism, but seems to be giving up on my house as well. She keeps saying she doesn’t know what else to do, short of lowering the price of the house dramatically, which I’m not willing to do — we’ve already come down by about $100,000 — not sure we can go much lower than that! So if we’re mutually unhappy/dissatisfied with the arrangement, what are my options? Do you think it will be easy to “legally” get out of the contract? I have a few more months left, but I am hoping to get out ASAP. I really feel that listing with her is a waste of time. What do you think I can do, and is this a common situation?

Very common situation right now, I’m afraid.

I’m going to assume you signed an Exclusive Representation contract, a normal listing agreement. Unless there is explicit language in that contract providing for unilateral cancellation, it can only be cancelled by mutual consent.

As a matter of course, all of our employment contracts include this language:

This agreement will be terminated without recourse upon written notice by either party.

If you’re done with me, I’m done with you. Another way of doing something similar is a buy-out clause: You can unilaterally cancel upon payment of a contract buy-out fee. That may seem unfair, given that your house hasn’t sold, but your agent went out of pocket on the listing expecting to have six months (or whatever) to recoup that investment. For my own part, I don’t want to take your listing unless I’m convinced I can hang a “SOLD!” sign within a month.

But there may be a way out of this labyrinth. My very first listing cancelled on me. I went to my broker at that time and said, “The seller wants to cancel, but it’s your listing contract, not mine. What do you want me to do?”

And the answer he gave me was beyond wisdom, in essence a one-sentence encyclopedia on how to run a Read more

Ask the Broker: Can buyers negotiate for the buyer’s agent’s commission to be paid to them instead . . . ?

We have been focussing on new construction and have been meeting directly with builders and their agents. We have not been represented by a buyer’s agent up to now. Our strategy has been to save on commission by dealing with a single party.

We recently looked at several resales where we sought out the listing agents, with the same commission saving strategy. We found a home we like, but the seller is being relocated by his company. The seller will be reimbursed for a full commission paid to the seller’s realtor. The normal strategy of reducing the commission has disappeared as any reduction in commission will ultimately result in less money in the seller’s pocket.

First, I’d be curious where you learned your commission reducing strategy. Is it something you read somewhere or learned at a seminar, or did you work it out on your own? I ask, because, while it is not impossible, it seems to me to be very implausible.

A new home builder pays a buyer’s agent’s commission as a gratuity to that agent for making the introduction. In Arizona, licensees are expected to actually represent their new-home buyers, but the builder certainly doesn’t want or expect this. I can drop off a party just like dumping the kiddies off at day-care and still get paid. I do not endorse this way of working — just the opposite — but the builder would have no problem with it.

But: Because the builder is paying an agent to introduce the buyer to the builder, why would the builder pay you anything. You’re already there for free. The sine qua non event the builder might be willing to pay me to effect has already been effected without any need to pay a bribe. This is why builders won’t let me represent you if you show up at a new home subdivision without me: The introduction has already taken place. What do they need me for?

In fact, right now — and uniquely right now — you just might be able to get builders to cough up some extra coin to get your name on the Read more

Ask The Broker: What if my lender won’t underwrite a land lease?

I am a buyer in a real estate transaction for a condo in California. I have been in escrow for the past 45 days but have been unable to obtain a loan due to the fact that the condo is on leased land which is due to expire in close to 30 years and the bank does not want to take the risk. There was a finance contingency. A 15 year loan would not be satisfactory to me and I may not even qualify for it. Can I cancel and get my earnest deposit back, thanks.

California says the condo is, I guess technically, not considered real estate because of the less than 30 year lease term. This may be a large exit door for you.

Although I’ve run into this problem in Hawaii with clients, never in California. A practical solution is to find out if it’s possible to have the lease extended past 30 years. That worked for me many years ago. If the land owner will do this you’ll probably be able to obtain your loan.

Otherwise, this gets into a legal judgment call. Does the contingency specifically say you’re to obtain a 30 year loan? Or did you leave that section blank? If the terms of the loan are not mentioned you are in a gray area, and might be better of consulting a real estate attorney.

In the end, this may be much like a trick question on a test in school. My first comment will probably be your out. A five minute consultation with an attorney should solve this for you, and put a smile on your face.