Can a Buyer's Agent Help if I Want to Build a New Home? (Updated)

So that's a question we agents get sometimes. We sure can. Many home buyers don't know that Realtors are a very valuable resource to someone who is considering building home or buying a an "inventory" home (A.K.A. a "spec" home). Did you know that greater than 50% of people who build or buy a new home in this area use a buyer's agent? I'll bet you didn't!

Many people think that a "Realtor" can't really help them with a new-build property because Realtors just "sell homes." But that's not really true if you have a buyer's agent (or in my case, an exclusive buyer's agent). So, what can a buyer's agent do for you? Can they really bring "value" to the purchase of a new home?

First off, it's important to understand that almost all builders are "friendly" with Realtors and will pay a "co-op fee" to a buyer's agent. This is built into the price of the new-build. Did you know that? In the old days it was possible that you might be able to "knock this off the price" if you didn't have a Realtor, at least with some builders. However, builders don't do that anymore. The good ones, IMO, never did. These days it's just part of the price. If you, as a new-home buyer, don't have a buyer's agent the builder simply pockets the money that is included for your buyer's agent's fee. It's just like having a Realtor on a resale house. The fee is already in there so why wouldn't you get your own representation, somebody looking out for you? Why wouldn't you engage the services of somebody who understands the process and will be there on your behalf?  You would!

The other thing new-home buyers need to understand is that the builder representative, or the Realtor who might be working in that model, always represents the builder. Their job is to sell you one of their homes and sell you options. Nothing wrong with that, it's their job. Most of them are very professional and knowledgeable. However, they are biased for their company and aren't likely to tell you any negative sentiments about them or tell you about the positives of another builder. There primary job is to represent the builder and protect the builder's interest. So, you should always have somebody protecting your interests!

So what kind of things can a buyer's agent
do for you if you want to buy a new-build home?

• Most buyer's agents are familiar with most, if not all builders in the area. 

• A buyer's agent can tell you about the differences between builders. For example, what price point they build in, what style of home (production, semi-custom, custom), what materials they use and what is good/bad, who is easy to deal with, who is not, who is higher quality and who is not, etc.

• A buyer's agent can help you through the process and tell you what to expect from the beginning to the closing. Many buyer's agents like me have helped buyers with new-build homes and have even been through the process personally. I built my own home in 2007.

• A buyer's agent can help you pick options by suggesting things that you may not have thought of since your agent has been through the process before. They can also tell you why you should/should not add/subtract certain options from a resale perspective. And they can usually tell you what options other buyers like, and which may add value to the home.

• A buyer's agent also acts as a "go between" between you and the sales rep or the superintendent. Sometimes you may not have time to deal with an issue or you may not understand an issue that has arisen. A buyer's agent can take care of the problems for you that you are not able to address due to time or lack of understanding.

• A buyer's agent will be there for all meetings with the builder salesperson, superintendent, or otherwise. They will also visit your lot weekly, give you a progress update, and take pictures of the home as it is being built. This gives you a pictorial record for future reference and also allows concerns to be more easily addressed.

• A buyer's agent will help you schedule at least (2) home inspections, done by an inspector of your choice. Did you know you should have your own independent inspection, even on a new build? That's right. And a buyer's agent will help you negotiate the problems that arise from the inspections.

• A buyer's agent can help you pick the right floor plan based on your needs, the right subdivision based on your needs, and can help you with lot-orientation and with picking the right lot. There are some lots you absolutely do NOT want to have (This is very important!). There are some floor plans that may be very hard to re-sell or that may be better for you based on your needs and desires.

• And yes, a buyer's agent can potentially help you negotiate the price of a new build. Granted, there isn't normally as much negotiation as with a resale property but there is usually some room for negotiation. This is especially true of an inventory home, a home that is already built and is completed or almost completed. Many of those will sell for much less than the asking price because a previous buyer has backed out and the builder wants to move it from their inventory.

• Some builders offer "bonuses" to a buyer's agent, like extra commission, gift certificates, big screen t.v.'s, and even vacations! A good buyer's agent, like me, will usually pass these incentives on to the buyer. After all, you are really the one who deserves any incentives because it's really your money that's paying for them!

So, if you are considering buying or building a new-build home please consider using somebody who has experience helping buyers like yourself and who will be there as your advocate throughout the entire process. I guarantee you will be glad you did!

Is The Bubble Going to Burst?

By now you've probably heard that the real estate market has been going like gangbusters the last couple of years.  Some areas of the country have see an increase of 10%, or more, in values the past couple of years.  Agents are excited and sellers are ecstatic.  However, is there something looming out there?  Could we be headed for another major market correction, like the one in 2007/2008/2009?

I'm not usually a doom-and-gloomer.  However, I know enough to know when the value on anything raises too fast there may ultimately be a downward turn.  This is true of stocks and it's true of housing values.  The market is always cyclical. However, when things turn up so quickly and with such force there is always a greater chance of a "correction."

So, here is my fear.  In my market for the last couple of years (especially 2017) there has been supply/demand problem.  This is true for many markets, but it's been a major problem for my market.  So, what happens?  Well, you have constant bidding wars.  And what do bidding wars do?  They drive up the price of a home.  And while that sounds like a good thing it may not be.  Yes, we all want the value in our markets to rise.  But, we want true value, real value.  What do I mean by that?

When buyers get into bidding wars the home almost always sells for over list price, sometimes dramatically (I've seen them go 10% over and I've heard worse).  But just because a buyer is willing to pay $XXXXX for a home does it make it worth that much?  You've probably heard "well, a home is worth what a seller is willing to sell it for and what a buyer is willing to pay for it."  Isn't that true? Well, no.  Let me explain.

Ask an appraiser or a real estate broker how they determine the value of a home.  There are (3) ways: 1) the cost approach, 2) the income approach, and 3) the sales comparison approach.  For most homes we use the "sales comparison" approach.  This means "comparing" other homes to the one that is for sale and determining, based on several parameters, what a home "like" the one for sale should sell for.  We look at other homes, or "comps" that are similar, are in the area, and have sold recently (usually six months to a year).  By doing so we can see that the "subject" should sell, basically between the high/low values of the comparable sales.  Keep in mind this is somewhat subjective, but it gets us a basic determination of value.  If the "subject" has a lot of updates we feel it will probably sell toward the high end of the comparable sales.  If it has few updates, or needs repairs, it will normally sell toward the lower end of the comparable sales.  There are always variations, but this is always how we determine the "market value" (and potentially the sales price) of a home that is currently for sale.

So, go back to what I said.  If a house is listed for $200,00.00 and it gets multiple offers on it, one for $220,000.00, does that now make it worth that much?  No, not unless the comparable sales can justify it.  So, if the highest comparable sale is for 180K, is it likely that this home is worth 220K?  No, it's not.  So what happens?  Well, sellers, with prompting from their agents, have become very aggressive.  They have begun to tell buyers that they will not sell the home "based on the appraisal amount."  In many purchase contracts there is a clause that says the buyers don't have to proceed with the sale if the "appraised amount" is less than the contract amount. (the appraisal is done by the appraiser, a third-party contractor that the bank highers)  In essence, it's a measure to protect the buyer from over-paying on a property.  But sellers are "forcing" buyers to remove this clause.   So, if that clause is removed then the buyer must proceed no matter what the value comes in at.  So if the house under-appraises for 20K the buyer must still purchase it, and normally must bring $20,000 more as a down payment (because the bank will not loan for more than the value!).  In essence, the buyer has now agreed to over-pay for the home by 20K.

You would think that buyers would be more prudent than to agree to something that will, basically, cost them money.  However, buyers tend to be fearful and under-pressure in a market where everything is tilted toward the sellers.  Unfortunately, I see this mostly with younger buyers who have an "I want this at all cost" mentality.  To be fair, though, there are times when you have to be aggressive if you want the home that you have chosen.  This is true, for sure, but what I've see lately 

is way off the scale of "paying a little more" and being "strategic."  Buyers, in come cases,  are giving up the farm and, I think they may end up paying for it in the long run.  Sellers are smiling all the way to the bank.  However, most sellers are also buyers, so I think some of them are also acting in the same manner when they end up buying their next home. It becomes a vicious circle.  And so, IMO, we get many months of "inflated" home values, with people paying more for homes than they are actually worth. 

Well, as long as values keep going up, all is well, right?  Well, yes.  But that never truly happens.  For example, even if the market flat-lined in 2018 we would have problems.  Why?  Because people who over-paid in 2016 and 2017 are not going to "realize" the value of their homes in 2018.  They, technically, could be under-water on what they owe.  Well, that's not a problem...if they don't have to sell, right?  Yes, but what if we have a down turn in the economy?  Some type of world event?  What if the economy just slows down as well?  People end up selling after a couple of years all of the time.  And what happens when these people who purchase in the last couple of years have to sell in a market down turn?  They end up losing money, because they over-paid and the market caught up with them.  See this new article from Bloomberg, posted 02/22/2018   Is the Market Too Hot?  

I think many buyers, sellers and agents are complicit in creating "inflated" values in the current housing market.   That being said, I don't think everybody is making bad decisions, and I don't think there is some type of conspiracy.  However, I think some agents for sellers and buyers are not properly advising their clients. And I also think some buyers are becoming increasingly short-sighted and are not realizing the potential consequences of being pulled into bidding wars and over-bidding by exorbitant amounts, just to "win."  I like to win, too.  But I think the desire to "win" has to be offset by making good financial decisions.  Yes, it's a difficult market.  But I do believe there is a middle ground to all of this.  It is my hope that in the coming year we will start to see a more "balanced" market, one that is good for all parties. 

         

CANT FIND A HOME AND FEELING FRUSTRATED?

You are probably aware by now that the real estate market in many areas has picked up dramatically.  In some areas houses are getting multiple bids and many homes are going for way higher than asking price.  If you've been trying to find a home lately you might be experiencing some frustration by what's been happening.  Here are some things to consider if you are having trouble either finding a home or getting homes that you've made offers on:

1.  Are you positioning yourself so that your offer is getting taken seriously?  Do you have a "pre-approval" letter from a lender that you have sent to the seller?  Is your offer written in professional, readable format?  Are you using an experienced agent who works mostly (if not only) with buyers?

2.  Are you under-bidding on properties that are new to the market and have several interested buyers?  If a listing is new and hot it's not going to sell for way under list price.  Why, then are you trying to get a steal on it? You're probably spinning your wheels and wasting your time and your agent's time.  Get serious or you will be left out.

3. Are you adding extraneous contingencies in your offer to the seller? Are you asking for everything under the sun in the offer?  In a competitive market you can't expect for sellers to agree to things that other buyers aren't asking for.  Keep your offer simple so it's attractive to the seller.  Maybe even do some recon and find out what kind of terms the seller is looking for in the offer before you send it.

4.  Do you have a home to sell?  Unfortunately, this is a killer in a strong seller's  market.  If you are up against a buyer who does NOT have a  home to sell you will likely loose in a bidding war.  Even if your home is in contract (in escrow) you are at a disadvantage when competing with other buyers.  Alternative?  Sell your home first and then work on finding a  new home.  

 

5.  Are you looking at homes that are out of your price range and then hoping that the seller "might" come down?  That doesn't happen in a seller's market.  What happens many times in a strong market is the house actually sells for more because several buyers get involved and it basically becomes an auction.  If you expect to negotiate hard on the price of a home in a seller's market you will be thoroughly disappointed.

 6.  Are your search criteria too narrow?  Do you want too much in a home for what you can afford?  Consider expanding your search area and/or things like # of bedrooms, # of bathrooms, size, etc.  Be realistic about what you "need" vs. what you "want."  Maybe you can do with (1) less bedroom, or a home that is a bit smaller.  Maybe there is another location that will work for you.   In a tough buyer's market you will find that you will have to make compromises or you may not find a home that you are satisfied with, ever.  Be flexible and open to other options.

Be a Winner!

7.  Do you have a sense of urgency?  Do you really want to buy a home, or are you just tire-kicking?  If you've told your agent "Well, I'm not in a hurry to buy" or "I'll buy a home if I find the right one" or "I just want to see what's out there" you probably aren't motivated.  If this is the way you feel maybe you should put your search on hold until you are serious about buying a home.  In order to buy a home you must be ready, willing and able. Are you?

  

(5) Questions to Ask Your Potential "Buyer's Agent"

So, you are first-time home buyer and you're thinking about buying a home.  And you want to know where to start.  One good place to start is knowing the right questions to ask when to comes to finding a good Realtor.

Here are some tips for you:

1.  How long have you been a Realtor? 

No, Longevity isn't everything, but it sure is right up there at the top.  Do you really want to be a new agent's guinea pig?  There are just things that new agents don't know and don't know they don't know.  Find out how long the agent you're considering hiring has been an agent AND how long they have been a full-time agent.

2. How many transactions do you do per year?

Again, numbers aren't everything.  However, if you are talking to an agent who answers "10 years" to the first question and answers "5" to this one you may want to keep looking.  Even in rough times most agents do 8-10-12 transactions a year.  Many agents even do much more than that.  Any agent worth his or her salt will answer this question for you.

3.  What type of people do you work with?

Now, I don't mean anything that has to do with a protected class here.  However, does the agent work with primarily buyers or sellers, or an equal amount of both?  Many buyers find a "popular local Realtor" and want to interview him/her, not realizing that many, if not most, successful Realtors work mostly with sellers, and occasionally practice dual agency.**  If you are a buyer shouldn't you be looking for an agent who primarily (or only) works with buyers?  Also, does this agent work in the areas and the price range you are interested in?  Many experienced agents like working with high-end buyers and tend to let someone on their "team" work with buyers who are looking for more moderate housing.  Find an agent what works with buyers mostly and that understands the type of buyer you are and who doesn't target only one "type" of buyer.  

4.  Why should I pick you?  What sets you apart from other Realtors?

I get asked this one sometimes.  Frankly, I'm surprised I don't get asked this more often.  When I interview somebody for a service I almost always ask them this question.  Realtors are quite varied in their education, style, personality and experience.  I think that Realtors are probably the most broadly represented group of people you will ever meet, at least that's been my experience.  Find out what your potential agent's strengths are.  Ask them what their "style" is when it comes to dealing with other Realtors.  Ask them how they handle conflict and how they deal with their client's needs.

 

 5.  How do you handle Dual Agency?

Yes, being a broker who only works with buyers I have to throw this one in there.  But, it truly is important.  Do you, a potential buyer,  know what Dual Agency is?  Do you know how it may affect you as a first-time buyer?  Did you know that the average buyer loses $5000 by using a Dual Agent?**  Do you understand the tightrope that dual agents must walk when practicing Dual Agency?  Do you understand WHY Dual Agency is not desirable to most buyers?  Do you realize how you can find yourself in a Dual Agency situation?  Find out if your potential agent handles this type of situation before it comes up! If your potential agent is partial to Dual Agency you may want to consider another option.

  

Of course, there are many questions you can and should ask any prospective Realtor.  But I think these (5) are probably the most important ones.  Most importantly, be prepared when you are interviewing a Realtor.  Don't be afraid to ask questions.  Remember, it's an interview.  Don't let any Realtor who you may have the potential to work with take advantage of you or mislead you.  Be prepared!

 

So You Want to Buy a Bank-Owned Property?

Ah, yes.  Everybody wants a deal, right?  And of course, bank-owned properties are always a great deal!  I mean, that's what everybody says, right?  Not so fast, my friend...

Certainly bank-owed properties CAN be a good deal, depending on the circumstances.  I'm referring to foreclosed properties, NOT short-sales, otherwise know as "REO's," "corporate listings" or "repo's."  But there are some things you need to know before you decide to buy a bank-owned property.

1.  Not all bank-owned properties are equal.  Meaning they can be in any state of disrepair.  Some just need paint and carpet, some need a total rehab.  Are you up for doing a rehab on a property?  Do your research on what kind of time and investment you will have put into doing a rehab on property.  It is not for the faint of heart.

2.  Most, if not all banks require additional contract addenda.  They can be a few pages up to (30) pages. All of these addenda are designed to protect the bank, NOT you.  Be very careful when agreeing to language that is not "standard" for your area and is drafted by a bank.  There is language in bank addenda that can really get you in a bind if you don't understand what you are signing.  Consider getting an attorney for a bank-owned property.  Potentially, get an attorney for any transaction.

3.  There are different kinds of bank-owned properties.  Fannie Mae, Freddie Mac, traditional-bank, FHA (HUD) and VA.  How they are marketed and how they are purchased is different.  Understand exactly how the transaction works with that particular bank.  Each has different conditions and different terms, and some give you more/less financing options.

4.  Financing a bank-owned property can be a challenge.  If you are trying to buy a bank-owned property using standard FHA or VA financing you may have issues.  If a property has ANY major problems and/or some "medium" problems you may not be able to get financing.  Why?  Because the FHA and/or VA appraiser (and the underwriter) will require the home to be in mostly "good" condition.  If it is not, you can't get a loan for it.  All utilities have to be in working order, no water leaks, no roof leaks, no water problems in basement, no broken windows, etc.  FHA and VA are very picky, the are trying to protect you as a buyer.  However...

5.  Some FHA (HUD) homes can be purchased with an FHA loan no matter how bad the condition is.  HUD decides this when the appraise them.  So, if a HUD house is listed as "insured" or "insured with escrow"  it can be purchase with an FHA loan.  "With escrow" means that there are items that need to be fixed but they will allow you to "escrow" (set aside) additional money to do the repairs after you purchase the home.  Basically, they determine how much the repairs will be and they add that number to your mortgage amount.  Then after closing you have the repairs completed and they get paid for out of your escrow account.  Note:  if a HUD house is listed as "uninsured" it can only be purchased with "conventional" financing or with cash, no exceptions.

6. As I said, many bank-owned homes cannot be financed, even with conventional financing.  How can that be?  You mean they only accept cash?  Yes, this is true for some homes.  However, there is an exception.  If the house is in major disrepair you may be able to do a "rehab" loan in order to purchase it.  FHA has two of them:  203K and 203K Streamline.  There are also conventional rehab loan products out there.  If you are interested in something like this talk to your local lender or google "rehab loans."  They can be a bit tricky, are they are not for the fainthearted.  The terms and costs are different and the can be a bit complicated.  Do your research before you decide to go this route.  And no, you can't just "add money on the top" of a standard loan if a house needs work.  You may have to do a rehab loan or pay cash for it.

7. Bank-owned properties are "AS IS," which typically means "what you see is what you get."  It also normally means that the bank may not do any repairs on the property and it always means that there is NO PROPERTY DISCLOSURE so you may not know what you are getting into.  You will have to have a thorough inspection by a qualified inspector.  Once you buy a bank-owned home you are stuck if you find problems later.  You will not have any recourse against the bank if you find things wrong that were surely wrong before you bought it.  You are stuck.  With a normal seller you may not always have recourse if there are problems after the closing but sometimes you can get a remedy.  With a bank-owned property you are stuck, period.  And you will sign multiple documents stating that you understand this.  

Take your time, do your due-diligence and do your research if you want to buy a bank-owned property.  They are not for everybody, but they may be for you.

Happy hunting!                      

Want to Buy A Home? Get Pre-Approved First!

If you've read my other blog postings you'll see that there is an order of things with regards to purchasing a home.  You need to get your ducks in a row.  And, to quote an old standby, you shouldn't go off half-cocked.

My last posting talked about finding a agent before trying to find a home.  Are you with me so far?  What's next?  Start looking at homes?  Absolutely not!  The next thing you need to do, unequivocally, is to find a good mortgage lender and get pre-approved!

One would think this be obvious.  Why would anybody look at homes (or anything, for that matter) if

they don't have enough money, or don't have any money?  This is not just about common sense, mind you.  It's about getting yourself in a position to be able to move on a property when you find what you want.  It's about being strategic in your quest to find a home and making sure you are in a position to actually buy the home you want when you find it.

There are several reasons why you should be pre-approved by a qualified lender before you look at homes.  What are they?

1. You know you are able to purchase a home.  There is little doubt that you will get final approval from a lender if you are able to get a pre-approval.

2.  You will know what you can afford.  Do you want to spend a bunch if time looking at homes that you cannot afford?  I can assure you, your agent does not want to show you homes that are out of your price range.  You time is valuable and so is your agent's.

3.  You look like a ready, professional buyer when you make an offer.  What's the seller's biggest fear with most buyers?  That they won't offer enough?  No.  A seller's greatest fear is that you won't get approved for a loan.  A pre-approval removes almost all doubt from even the most fearful seller.

4.  If you are in a bidding war with another buyer who does NOT have a pre-approval which offer do you think the seller will take?  This one is obvious.  If you don't think this is true go make an offer on a property against another buyer who has a certified, valid pre-approval.  You will loose.

 5. Being pre-approved gives you more flexibility on the closing date.  Why is this important?  Because if the seller wants to close in (3) weeks and you aren't pre-approved it probably ain't gonna happen.  So will the seller kick your offer to the curb?  Most likely.

Do yourself a favor if you are considering buying a home: get pre-approved.  It usually doesn't cost anything and many lender can do it over the phone.  What possible reason could you  have for not doing so?

One last thing:  don't confuse the terms "pre-approval" and "pre-qualification."  Pre-approval is what you are looking for. Pre-qualification isn't worth the paper it's written on.

Good luck, and as always, happy hunting!

    

Stop Looking at Homes....

And Start Looking For an Agent!

We've all heard the expression "don't put the cart

before the horse."  Unfortunately, that is what many home buyers do.  How's that?  They go on-line to various websites and start shopping for homes.  "Jim," you say, "why is this a bad thing?"  Well, read on....

First off, as a buyer, you really want to learn what it means to actually buy a home first. There are so many things buyers, especially first-time buyers, do not know about home buying.  And many of those things can be answered by a competent buyer's agent.  The home buying process is much more complicated that just "picking a home" off of the internet and going to see it.  That really isn't the way a buyer should proceed.

It's very important as a buyer to have the proper foundation and understanding about how the process works.  I spoke about this in one of my previous postings (see: I Just Want to Look At Homes).  If you are out there just plinking around on the internet you are really not ready to buy a home.  You may think you are, but you are probably not.

Yes, I know it's fun to window shop.  I do it all of the time on E-Bay and Amazon. But as I said, that isn't really how you buy a  house.  Why?  Well, first off, if you do not have a buyer's agent and you actually see something on the internet that you want to see and potentially buy did you know the agent listing the house is working for the seller, primarily?  You can easily fall into a Dual Agency situation, which is the absolute worst situation you can be in as a buyer.  Buyers who end up in a Dual Agency situation are typically not educated buyers and they typically regret it.  Basically, this is where the agent selling the home ends up "representing" you and the seller at the same time....and gets double commission for doing it.  If you want to know more about the perils of Dual Agency just Google it.

Why else is it bad to shop for homes before having a buyer's agent?  Because much of the data that you see out there on the web is inaccurate and/or outdated.  Many of the homes you see on various "home" websites are either "in contract" or have already been sold.  Problem?  These sites are not regularly updated and the data is not in real-time.  How do you like looking at homes on a website and then finding out that half of them are already sold?  This does not happen if you have a buyer's agent that you have established a relationship with.  Why not?  Because a buyer's agent has access to the local MLS (Multiple Listing Service) which is were ALL listing data comes from.  Nothing you will find out there is as current as the MLS for your area.  It is the most accurate, real-time data base that is out there.  And in most locations the MLS can send you updates automatically as soon as they are on the market. Of course, unless you establish a relationship with a buyer's agent you can't get access to these listings.

Again, I know you like to browse.  Not a problem.  Get a buyer's agent to set you up on the MLS search so you can get all current listings and keep browsing if you want to.  Keep in mind that the data from MLS is more current, so you will see homes that show "available" that are not.  That is not a problem with the MLS, it's a problem of data management with the website that shows it as available when it's not.  Basically, all available listings will be sent to you.  If you find a listing on a website that matches your criteria but does not show up in the listings being sent to you by your buyer's agent then 99% of the time it's not available. How much time will it save you to get accurate, real-time listings and not have to keep browsing home websites hoping to find a home that you like AND that's actually available? 

A buyer's agent is also there to answer your questions and guide you in the right direction.  He/she is on your side, and is there to help you make an informed decision, not to "sell you a home."  Do you really want to continue to call/e-mail random seller's agents on these listings, hoping that they respond?  Half the time the agents don't even respond to you.  And when they do they just want to talk about how great their listing is and push you into buying it.  Is that really what you want? YOUR agent will get you the information you want in a timely manner and not try to "push" any particular home on you.  Again, your agent is in your side, and is there to help you make an informed decision based on unbiased information that he/she has provided to you, based on what you want.

Now go find yourself a good, competent, experienced buyer's agent.

What is "As Is?"

So, the situation is that you want to buy a property and the seller says it's "as is."  What exactly does that mean?  Are you stuck with it if you find out something is wrong after the seller accepts your offer?  Will the seller negotiate any repairs?  Will the seller negotiate the price after the home inspection?  Does "as is" mean the property is in bad condition?  Does this mean there are problems that the seller doesn't want to disclose?

"As is" is very common these days, especially with sellers who have no equity and with the huge influx of bank-owned properties and short-sale properties.  Normally, you will see "as is" associated with bank-owned properties, short-sales, auction properties, sheriff sales, and estate sales.  If it's a "normal" sale the home will not usually be sold "as is."

Basically "as is" means this: the seller will not fix anything.

Does that mean you cannot have a home inspection?  No, it does not.  Keep in mind that the purchase contract always controls every transaction.  And while "as is" may be the way the property is sold, most sellers will still allow you to have a home inspection.  However, regardless of what your inspection determines, the seller will make no repairs.  Again, this is common with bank-owned properties, where the seller (the bank) doesn't want to mess with it.  That being said, most contracts include a clause that says that the buyer can get out of a sale if they find things wrong that they are not comfortable with, even if the property is listed "as is."

So, we know the seller wont make repairs, but will they lower the price?  Sometimes, it just depends.  This is an option, and banks can be open to dropping the price based on things that come up during the home inspection.  Sometimes they will negotiate, and sometimes they will not.  It really just depends.  But many times it worth trying.

Are "as is" properties always in bad shape?  No.  They can be, but just because a property is listed "as is" doesn't mean it's a total rehab.  Again, it just depends.  On things like an estate sale the family involved probably doesn't know anything about the property and just wants to get rid of it.  "Not knowing" doesn't mean it's in serious disrepair, it just means they don't know, and they don't want to deal with a laundry list of repairs.  Either you want it, or you don't.

On short-sales where the property is "as is" the seller has no money, and is upside down on their mortgage. The bank will not let the seller make repairs and the bank, who is directly involved in the short-sale, will also not make any repairs because the loan is already upside down and the bank is already in the hole for thousands of dollars.  They don't want to take another hit for repairs, they're already losing money.

"As is" doesn't necessarily mean the seller is hiding something.  Again, banks and estates rarely have any direct knowledge of the property.  Basically, they don't know about the condition and they don't care.  In some cases, the seller has to provide a property disclosure, in which the seller discloses what they know/don't know about the property.  These disclosures vary from state to state, and in general, banks and the like are not required to provide a property disclosure.  See my previous posting on seller's disclosure.

One last thing: if the property is "as is" because it IS in bad condition that makes buying it with a mortgage particularly challenging.  Many "as is" properties will only sell with cash or with a special financing program that takes into account the condition.  But that's a blog post for another day. 

I hope you are now an expert in "as is" properties.  Happy hunting!      

What Does the Seller Have to Disclose on a Sale?

In Ohio, and in other states, the seller of a property is required to fill out and present to any/all potential buyers a Residential Property Disclosure Form, provided and mandated by the State of Ohio.  Here is the actual form if you'd like to take a look at it: http://com.ohio.gov/real/docs/real_ResidentialPropertyDisclosureFormSince20130101.pdf

This is a good tool for potential buyers because they can see what issues and/concerns/repairs the owner has dealt with on the property.  However, the Ohio Revised Code states that there are (9) exceptions to providing the Residential Property Disclosure. 

 Here they are:
 

1. A sale by a fiduciary in an estate, guardianship or trust.
2. A foreclosure.
3. A newly constructed property never previously occupied. (A model home will have an occupancy permit and is therefore not excluded from the disclosure requirement.)
4. Inherited property where the (selling) heir has not resided during the past (1) year. (Even if the heir grew up in the property, if he has not lived there for the previous year, he is exempt from disclosure requirements.)
5. A sheriff's sale.
6. A court-ordered sale. (Bankruptcy, for example)
7. A sale to a co-owner or from a divorce.
8. A sale to, or by a government entity. (HUD, ODOT, an eminent domain condemnation)
9. A sale to a tenant who has resided in the property for the past year.

For more information on property disclosure contact your state's division of real estate.

I Just Want to Look at Homes

It never fails.  I constantly get e-mails and phone calls from people who "want to look at homes" - or want to look at a specific home - right now.  A potential buyer will see a home on a particular website, or driving down the street and call me or e-mail me and say, "Hi, my name is John.  I saw a home on ABC website.  I want to see it.  When can you show it to me?"  That's typically how the conversation starts.  Every agent's dream, right?  A hot-to-trot buyer, ready to go, already has a home picked out.  Not so fast....

Some buyers need to be educated.  Most that contact me in the above manner do not understand how the process works.  It's not as simple as "I'm a buyer, there's a house, show it to me."  If, in fact, you are a buyer who "just wants to see houses" then you need to find an agent who "just shows houses."  In that case, I am not the right agent for you.  Let me explain.

Don't I show houses to people?  Isn't that what I do?  Why can't I just "show you a house?"  Well, I could.  But I prefer not to.  Why?  Because you probably aren't ready to buy a house.  Are you pre-approved with a lender?  Have you established a relationship with your "own" agent, or are you randomly calling agents?  Do you even know what you can afford?  Do you understand the steps in the process of buying a home?    If you answered "no" to any of these questions, you are not ready to buy a home, and therefore, shouldn't be actually looking at homes in person (vs. browsing on the Internet or driving around).

I realize that it's easy to get excited when you are window shopping.  Many people window shop for things when they are not quite ready to purchase.  And there are lots of websites out there that have homes for sale.  I'm not trying to kill the American Dream here, or trying to burst your bubble.    But buying a home is different from, say, buying a big screen t.v. or buying a car.  You can't learn the ins-and-outs of buying a home on line.  You can't research specific homes because every home is unique, vs. finding a certain t.v., finding the place where it has the best price, and just going a buying it.  Buying a home is different.  You really need to understand the process before you start looking at homes.  It can be complicated and treacherous if you do not know what you are doing.  There are many mistakes that first-time buyers have made that they have regretted later: mistakes that have cost them time, money, and even the home of their dreams.  I know, there are plenty of agents who will "just show you homes" if that is all you want.  Just make a few calls, you will find them pretty easily.  Not to mention the fact that if you're just calling on listings on a website that some of the agents you are calling are working for the seller, and not for you.  But that's another story (see my previous blog postings).

Most agents are salespeople.  You want to "buy" a home.  They will "sell it to you."  Great, deal done.  Or is it?

I don't "sell homes," I educate people on how to buy homes.  I give them the tools they need so that they can make an informed decision when the time comes.  I take them through the process from A to Z in the very beginning, before we even look at a single home.  I give my clients an edge that other buyers don't have because I lay the foundation upon which everything else will be built.  My clients are savvy, educated and informed.  They come to me looking for someone who will educate them and guide them through the process of buying (or building) a home.  I am their guide, counselor and instructor.  And I am their advocate.

So, going back to my description in the first paragraph, I have a real challenge.  When I get calls and e-mails from people who are hot-to-trot I try to ask a few relevant questions and see if I can guide them back to a starting point, one that they have missed.  The first thing I ask them is if they are pre-approved with a lender.  If they are not, back to square one.  Why would you consider looking at a home if you are not even pre-approved?  No seller would ever see you as a serious buyer.  And frankly, neither would any agent worth their salt.  Regardless if a potential buyer is pre-approved, or not, my first goal is to get them to meet with me so we can go through the process and make sure they are in the best position to buy a home.  And if they say "no" and "well, I really just want to see this home"  that is usually the end of the conversation if I can't get them to come in and meet with me first.  At that point I know, for the most part, that they are not serious buyers.  If they can't spend an hour of their time learning about the most important financial transaction of their life then I really don't have time for them.  And they usually don't seem to mind.  They can always find an agent, one not like me, who will just "show them homes." 

So, if you are considering buying a home get your ducks in a row!  Become an educated and informed buyer first and you will be in the best position to buy the best home for you at the right time.      

      

The Life of a Realtor, Part 2

So, a while ago I wrote Part 1 about the life of  Realtor.  Time to write the sequel....

I had a good, steady job before I decided to get into real estate (read Rich Dad, Poor Dad if you want some insight on this).  But, for some reason,  real estate always intrigued me.  However, I come from a long line of "play-it-safers" when it comes to career choices and the like.  When I told my parents I was going to go into real estate back in 1995 they were a bit concerned.  My degree had nothing to do with anything even remotely related to real estate (at least it didn't appear that it did) and all my family saw was "risk."  Frankly, I wasn't too sure myself.  I've never been a huge risk-taker, either.  And diving into something that I had no experience in and working for 100% commission was, I admit, a bit scary.  Not only that, but the company I went to work for was brand new and neither the company, nor I, had much of a data base or a "circle of friends and family" to work with. But off I went, with my license and the kind of optimism that risk-takers have been known for.

They say police work is "hours of  absolute boredom punctuated by a few moments of sheer terror."  Real estate is kind-of like that.  I spend a lot of time just managing things, doing the day-to-day mundane things and then all of the sudden I get a call or an e-mail from a prospective home buyer.  Or one of my clients decides to make an offer on a home.  Granted, I'm not actually "terrified" of this kind of activity, but it does get things moving on an otherwise routine day.  And then, somebody wants to see a house, another client wants to make an offer, and a new prospect want to meet with me...all on the same day at the same time.  That's when things start getting exciting.  "Time management" takes on an entirely new meaning at that point.

I mentioned in Part 1 that Realtors have to wear a lot of hats.  I work with several clients at any given time.  It's important that I keep my documentation with my clients physically separate, but I also have to keep my clients separated mentally and emotionally from other things that are going on.  What do I mean by that?  Well, mentally, I sometimes get a conversation confused between clients.  And they'll hear me say "Oh, wait, that was my other client...."  Myself and my clients often have the same discussions and I can't always remember who I had that last discussion with.  I also have certain things that always come up when viewing houses but I sometimes forget if "WE saw that one house that had that thing" or if that was another client I was with....and "did I already tell you about radon, stucco issues, polybutylene plumbing, how to brace a foundation, how to treat for termites, roof venting issues" etc., etc., etc.  There is a vast amount of information that I'm required to learn and retain in order to be effective as an advocate. It takes time and energy just to remember what I've said and/or didn't say sometimes.  I do my best to treat all of my clients and individuals but I have a lot of conversations and know a lot of people.  That's what it's like to be in this business for so many years.

One other thing that presents a very serious challenge in my profession is what I call "switching gears," meaning, going from one conversation or event to another completely different conversation or event within minutes and trying to leave the first event in lieu of the second.  What exactly do I mean by this?  For example, sometimes negotiations can get very heated, even between myself and my own clients (which should never happen, but it does).  Psychologically, it's difficult to just "drop" something that's extremely urgent, important, and may be really weighing on one's soul.  But since I have back-to-back appointments sometimes I have no choice.  So a negotiation blows up and I have to head out to show houses.  Time to "switch gears" and leave that event behind so that I can focus on doing the job for my other clients, which means concentrating on showing them houses and answering their questions and focusing on their needs, not mine or my other client's.  Easier said than done sometimes, but I've learned to deal with this over the years.  Most of my clients never even know what goes on with my other clients...unless I share something out of frustration.  But normally I just go on my merry way...until I have to go back and try to resolve whatever happened earlier.  It's trying at times but also can be rewarding.

Being my own boss has given me a measure of flexibility.  Even though that's true, I tell my clients that I'm available "most of the time," meaning just about any time of the day or evening, seven days a week.  Sometimes I wonder if I should set boundaries because I know from experience that if I don't, even well-meaning clients will unknowingly take advantage of me.  I don't set a lot of boundaries because I want to be there for my clients.  However, that sometimes gets me in trouble. My wife doesn't understand why I come home from work sometimes and get right back on my laptop and go back to work!  And why I take calls and read texts at dinner, during birthday parties, during wedding receptions, during concerts, and even during church! (ringer off, of course)  I had a client call me once while I was at an OSU game.  I called him back and he said "I can't hear you very well" and I said "that's because I'm sitting in the stadium watching a football game." (halftime)  So he pauses, and says, "Oh, does that mean you can't show us a house?"  Yeah, that's pretty much what it meant.  Granted, most of my clients are nothing like that.  But my clients do want their needs met and they expect me to do that.  What's interesting is how my clients sometimes define "urgent" and how I define it.  Sometimes, honestly, it really can wait until morning.  I've had to tell clients, "Well, not much we can do tonight, so let's just pick this up in the morning."  At 10:00 p.m. on any given night there isn't much I can do if a deal is in danger of falling apart. Yet sometimes somebody will want me to try.  Every one of my clients thinks what they need is important, and it is.  But sometimes what this client wants/needs is more important than what another client wants/needs right now. Try explaining that to the second client.  :)

Every job and profession comes with it's own set of challenges, no doubt.  I just wanted to share some of what it's like to do what I do for a living.  I'm sure there is more....maybe I'll do a part 3.  One other thing that I've noticed about my profession over the years is that there are so many different types of people, with various backgrounds and education, that are in real estate. What's great is that this industry has room for me.  I surely can't complain about that!           

To Buy or Not to Buy?

One question that eventually comes up with almost every one of my clients during the home-search process is "should we make an offer on this house?"  In other words, what they are really asking is "is this the best we are going to find or should we keep looking?"  Once again, I have to dig out the crystal ball.....

The answer to that question has many facets.  Whether I tell a client "yes, maybe you should" or "well, maybe not" really depends on the individual situation. I never try to answer this question for my clients but I try to put the question in perspective.

Here are some of the variables that factor in that question:

• How long have you been looking?
• How many houses have you seen so far?
• How does this house compare to everything else you have seen?
• Does it "feel" like it could be the "right" one?*
• If you don't make an offer, what are your options?  Is there anything else out there that you like?
• Can you live with this one?
• If nothing better comes up will you be disappointed that you didn't try for it?
• Does it meet most of your needs and some of your "wants?"
• How long are you willing to wait for the "right" one if this one may not be exactly the "right" one?

There are many different answers to these questions and any given time.  It's really hard to ever say that a particular home is the "right" one.  You may never know that for sure, partially because there may be no right "one," but there may be several homes out there that will meet most, if not all, of your needs.  If you feel that there can only be one "right one" your criteria may be a little narrow.  If you are being realistic about your potential purchase you will probably find that there are usually a few homes that will work for you.  That is really the best position to be in.  If you think "that's the one!" and you end up not getting it everything else will pale in comparison and you'll never be satisfied with another home after that.  

I mentioned "wants" and "needs."  Drawing the line between "wants" and "needs" can be a challenge.  I try to help people realize that needs are more important, and that sometimes what we define as a "need" is really a "want."  This becomes pretty evident when you have a certain price point and you find, as a buyer, that your just not going to get all of your desires in your price range.  Things that were originally  "needs" sometimes become "wants" as you look through homes and take notes.  We all have to make sacrifices when purchasing a home.  Nobody ever gets all of their needs and all of their wants.  Like the old saying goes "you can't get a champagne house on a beer budget."   They key lies in making an honest assessment of your own wants and needs and in understanding the market in your price range (what can I get for my money).  If you can do that you will have a pretty good idea when a house might just be the "right" one for you, or at lease one that meets most of your criteria and that is a good value for what you are looking for.

So, is something better going to come along?  Well, that's hard to say.  Have listings been coming on the market that meet your criteria?  Is this the time of year where listings are increasing, or decreasing? Have you exhausted the list of all possible homes? Are you willing to take your chances that something better will come along?  Are you willing to loose this one in hopes that something better comes along?  Do you have realistic expectations?  That last one is really important one...and might be a discussion for another day.  That being said, hopefully my comments will help you answer the inevitable question "should we make an offer....or wait?"

So You Wanna Buy a For-Sale-By-Owner (FISBO)?

Being in the real estate business you can't avoid things like For-Sale-By-Owner properties, they are part of the territory. Also known as FISBO's (pronounced "fizz-bow'), one might think that they can get a bargain if they are trying to buy one of these properties. Unfortunately, that is not always true. Typically, in my experience, it's rarely true. What is true, however, is that people who try to sell their homes on their own and Realtors don't get along very well.

Almost everything in life comes down to numbers, or math, in some form or another. Such is usually the case for the seller who just wants to sell his home on his own. So why do people decide to try to sell their homes on their own? Because they think they can save money. That's pretty much it. For-Sale-By-Owners think they can cut out the listing Realtor, and possibly the buyer's agent as well, and save a bunch on commissions. But can they? And can a buyer get a "deal" on a FISBO? Are there other concerns?

First off, it's important to understand that homes are rarely sold in an arms-length transaction without the use of a Realtor. Why is that? Well, let's say the seller doesn't want a Realtor to list his home; he want's to try and sell it on his own. That's fine. However, almost all buyers, the savvy ones anyway, have their "own" agent, a buyer's agent. Rarely will buyers undertake such an important transaction without having someone to guide them. Why should they? Why would they? Considering that buyers rarely, if ever, have to pay their agent, why wouldn't they engage the services of a knowledgeable buyer's agent? Well, they would. So, what
normally happens is that these buyers are paired up with a buyer's agent and either the agent, or they, come across a FISBO. What now? As I said, buyers don't normally "pay" their agent. This is because in most situations a buyer's agent's fee is included in the price of the home, paid (shared) by the listing agent, for any home that is listed on the MLS (multiple listing service). So, you have a situation where the seller, in this case, is not a Realtor (agent). That means the FISBO seller has no agreement to pay any fees (or commissions) to anybody. However, will buyers look at a FISBO knowing that their agent may not get paid? Will buyer's agents show a home if they are not going to get paid in the end? Can you see how complicated this can get?
In reality, most FISBO sellers will agree to pay a "buyer's agent," they just don't want to "list" the house and pay "full commission." Most of them are aware that if they don't offer a fee to the buyer's agents it will be difficult to get showings and difficult to sell. So typically FISBO sellers will say "Realtor's welcome," or "will co-op," both of which mean that they are willing to pay the agent who is representing the buyer. So in essence, they may save partial commission, the commission that they didn't pay the listing Realtor. So is this a good deal for a buyer? I mean, if the seller doesn't have to pay a "full" commission, they will sell the house for less, right? Hardly. Did I mention that most FISBO sellers are  mostly motivated by money? 99% of the time if a buyer purchases a For-Sale-By-Owner the seller just pockets the extra commission they saved by not paying their own Realtor. Savings rarely get passed on to the buyer. So where are the savings to the buyer? Typically, there aren't any. In addition to not getting a discount from a FISBO purchase, sellers who attempt sell on their own notoriously over-price their homes. They always think their houses are better than the ones up and down the block. And occasionally they have some strange ways of coming to their asking price. Rarely does a FISBO seller accurately price their home due to lack of understanding, lack of knowledge, or just plain stubbornness. Ultimately, these homes are NOT a value for a buyer. And along with over-valuing their homes and being overly -thrifty (read: cheap), they usually do not understand how to negotiate a sale and they also rarely budge on their asking price. (Note: many FISBO sellers are not very motiveated to sell, either).  And some FISBO sellers seem downright paranoid that some  pesky buyer's agent is trying to get his clients, the buyers, a fair price on a home. That doesn't seem to resonate with most FISBO sellers that I've encountered. In the end, if the sellers save a few bucks on commission and sell for what they want, don't they save money? Isn't that goal in the first place?

Well, the answer is really "no." The main problem with true For-Sale-By-Owner homes is that they aren't marketed very well, if at all. Even with the internet it is difficult to find a For-Sale-By-Owner home, even if you are looking for one. These sellers are competing with the marketing power of thousands of Realtors in their local market. The bottom line is that buyers rarely find these properties. And that means they sit on the market, and eventually they end up being listed with a Realtor anyway. I would guess that 90% of homes that try to go FISBO end of being listed eventually (I read that stat just today). That means that the seller will now have to pay "full" commission anyway. And what about all of the lost market time, where the house just sat? It seems like, to me, that FISBO sellers who eventually list with an agent do so after six to twelve months. That's more mortgage payments, more upkeep, and potentially missed opportunities to buy something else because you couldn't sell your home fist.
In the end, there are rarely any savings to be had if you are a buyer considering buying a For-Sale-By-Owner home. But if you must buy one, proceed cautiously, know the value, and make sure you have a buyer's agent!