Entries from Searchlight Crusade tagged with 'sellers'
Altering the Terms of A Real Estate Purchase Contract
A search hit that I got: What is the reasonable amount of notice to give when changing contract terms in California Unfortunately for this person, a real estate contract is not something like Lando Calrissian's bargain with the Empire in...
Earnest Money: Copy of a Check or Proof Of Funds?
There's no question which I'd rather have. It has been traditional for a client to write a check to their broker's escrow account. Sometimes the check is actually deposited, but usually it's just held. It has recently become become a...
The Escrow Process and Reasons for Falling Out
There are all sorts of reasons why escrow falls through, but they fall into three main categories. They can best be described as failures of qualification, failures of the property itself, and failures of execution. Before I get into the...
Listing Agreements: Exclusive Right to Sell Versus Exclusive Agency
There are actually several different kinds of listing agreements. They get their names from the rights conferred when you sign the contract. The vast majority of agreements concluded are either Exclusive Right to Sell or Exclusive Agency. Exclusive Right To...
The Are No Schools That Teach What A Good Agent Needs to Know
I find it fascinating the number of people who will claim that because no college degree is required to become a real estate agent, that agents can't possibly be worth any significant amount of money. The reason no college...
Negotiation Requires More Than Dueling Ultimatums
Not too long ago, I started negotiating for a property. I did extensive research online, and and I and my clients visited several competing properties. We made an offer that was a little under 90% of the asking price, and...
FSBO Horror and Failure to Disclose Property Defects
I keep getting search result hits for the string "fsbo horror." It's an amalgamation because I haven't done any postings on this specific subject. Both buyers and sellers have problems relating to For Sale By Owner issues. For sellers, the...
Rent to Own and Lease With Option to Buy
This has always been a portion of the market, but right now, more and more people are emphasizing it, or at least the ones who are able. Actual Rent to Own is rare these days, a sign that the...
The Basics of What Should A Buyer Offer (and Should You Even Make An Offer)?
Dan, Okay, so now I'm in the process of just making an offer on a house and it's already getting confusing despite all my reading. It would have been worse has I not spent all this time reading but just...
Negotiations After the Purchase Contract: Seller's Allowances and Fixing Problems
I had made a request to repair that included $3700 credit for closing costs. I wanted to get things done like safety issues and more critical maintenance issues done. Our estimate said that it would be about $4900 to...
Pocket Listings: Out of Sight, Out of Mind
Every so often, you will see references to a "pocket" listing. These are usually bad for owners, and usually bad for buyers, but good for agents. A "pocket listing" is one where there agent keeps the listing "in his pocket"...
What Buyers Need: What Sellers Should Want to Supply When Selling
(This is a companion article to What Sellers Need: What Buyers Should Want to Supply) Quite often, I hear people talking about the real estate market as if it's all some amorphous blob, and buyers and sellers are no more...
What Sellers Need: What Buyers Should Want to Supply When Making An Offer
(This is a companion article to What Buyers Need: What Sellers Should Want to Supply) Quite often, I hear people talking about the real estate market as if it's all some amorphous blob, and buyers and sellers are no more...
Real Estate: General Education versus Specific Expertise
Hi Dan, Your blogsite is great; I stumbled on it and find you very credible and knowledgeable. I have two questions for you, if you are looking for things to write about: 1) What are your views on the...
Desperation Mining: How a Buyer Hits Paydirt (and How Sellers Can Avoid it)
One of my favorite blogs ran a picture of a listing sign that included the caption "REDUCED But Not Stupid or Desperate". I beg to differ on the former. On the latter, time will tell. Most successful real estate investors...
Demands Listing Agents Make That Aren't in Their Clients Best Interest
One of the things I see all the time is notations made on the listing that demotivate buyers agents, or give them a reason not to show the property. This practice has had a drastic fall off for a while,...
For Sale By Owner - Working Directly With a Loan Officer
Just got a search on "state of california fsbo questions to work directly with loan officers without a agent" This isn't a problem. Whereas it is the same license, it is two entirely separate job functions and the government is...
What Does It Mean To Fall Out Of Escrow?
I got this question in an email, and almost blew it off, but then I realized for every person who actually asks, there are probably at least a dozen who are unclear but don't ask, and I apologize that...
If You Don't Think Agents Are Valuable, Do It Yourself
And I mean that literally. Do it all yourself with no begging for free property advice, free help, free negotiations help, free real estate location services, free answers to "how do I deal with this problem?" and not least of...
Real Estate Purchase Negotiability
What's negotiable on a purchase? The short answer is everything. There may be standards and traditions in your area, whether they're the same in your area as there are in mine or quite different. That doesn't mean they are...
California's Home Equity Sales Contract Act
A while ago a reader gave me a heads up that Illinois HB 4050 was hurting residents of certain poverty stricken Illinois Zip Codes. Now I have to pick on my own state: California law generally requires special handling of...
Is Remodeling Likely To Show A Profit?
My general rule of thumb is "Remodel for your own enjoyment. If you're lucky, you'll get some of your money back when you sell." The remodeling industry has made a very large amount of money seducing people into believing...
Real Estate "Pig In a Poke"
Over five hundred years ago in Europe, there was a con game that was more practiced than any other con game in the history of the world. It was simply the thing to try on the new rube in...
Agents "Buying" Listings: Promising the Undeliverable and Hurting Their Clients
Quite a lot of the time when I view a property, I get requests for feedback. Usually it's an automated email. Other times, it's some office assistant who wants to fax me a form which will "only take a...
What is Real Estate Worth?
One of the most common questions in real estate is "What is this property really worth?" The easy answer is the same as the deepest, most profound one I can come up with, "Whatever you can get someone to pay...
Why Do Purchase Escrows Fall Apart? (And Why Is It Happening More Often?)
There have always been real estate transactions that fall apart. The reasons why they fall apart are as varied as the people who enter into the transaction in the first place. Let's get back to the very basics for...
You Never Have To Sell to a Any Particular Offer
Must you sell if you list at a specific price and the broker comes up with a qualified buyer? in the US in general, no you do not have to sell, but you could still be liable to the...
Is The Good Faith Deposit At Risk?
Many agents seem to answer this question differently depending upon whether their client is the prospective buyer or seller, according to what they think will make the client most comfortable. When their client is making an offer, "No, your...
For Sale By Owner Issues
I've been taking a long look at the world of For Sale By Owner and similar concepts lately. With the digital revolution, you always want to be watching the tide to figure out if you're in a business that's about...
Top Ten Reasons Your House Isn't Selling
No, I'm not a David Letterman watcher, for reasons having to do with turning into a pumpkin before his show starts. I'm going to treat it a little more seriously than he does, as this is a serious subject,...
Seller Paid Closing Costs (or, When Your Prospective Buyer Has No Money)
In many transactions when I originally wrote this, the buyer has absolutely no money, or an amount that was not sufficient to pay the costs that they would traditionally be expected to pay in order to close the transaction. Today,...
A Good Listing Agent's Most Difficult Task
The general public may not understand this, but the most critical parts of a listing agent's job all take place before the property hits the market. The most difficult task of an agent who wants to successfully list property is...
Short Sales of Real Estate, aka Short Payoffs
A while ago I wrote an article called, "What Happens When You Can't Make Your Real Estate Loan Payment." This is kind of a continuation of that, as I got a search that asked, "What is necessary to persuade a...
Why You Want To Price Your Property Correctly From Day One
This article is for sellers who want to put their property on the market priced too high "just to see if we can get it." I know where sellers get it. A lot of people are out there hyping...
What Happens When You Over-Price Real Estate?
Short answer: It almost certainly won't sell! The first thing that happens is that when it goes onto the Multiple Listing Service, all the agents who see it know that it's overpriced. Even on the public part of MLS, the...
Sixty Second Public Service Announcement About Selling Real Estate
Here was an idea I had: Pack a list of the most important things consumers need to know about buying real estate, as packed into the words I can say in sixty seconds without sounding like an over-clocked squirrel. Here...
Pretending the Service Equation is Simpler Than It Is
Way back when I was just out of high school, I was doing a lot of things with my time. Working, dating, competing on the fencing team, gaming of various sorts. But every once in a while, I dropped...
Real Estate: Know What Can Be Fixed and What Can't, What's Profitable and What Isn't
It's a well known fact that not all factors in real estate are equally important, and not all property investments perform equally well. A critical part of successfully choosing the right property, whether it's for investment or personal use, lies...
Negative Equity and Short Payoff Scams
Saw a sign driving: "Negative Equity? Sell and Get cash!" Notice that it doesn't claim that you can do so legally. I saw another of these signs on the way to the office this morning. When things are going sour,...
Consumer Due Diligence on Real Estate and Mortgage Loans
Or: Please don't believe everything you read on the internet! Rarely a week passes by that I don't get a request from someone to link to their website or article. I'm happy to link to good sites and good articles...
Selling In Buyer's Markets: Do You Need to Sell Or Are You Part of The Problem?
One of the things that sticks out about buyer's markets is that there are two sorts of listings: Those who are willing to do whatever it takes, anything it takes, to get the property sold, and the other who apparently...
Listing Agents Who Want Both Halves of The Commission
I went out previewing properties a couple days ago. That particular client's situation being what it is, I was concentrating on vacant properties. But over half the vacant properties in that area had restricted showing instructions. "Call agent first," or...
The Ideal Listing Commission and its Structure: Performance Based
Here's the real issue about commissions: They need to be structured to incentivize good results - rewarding those agents who do good work, penalizing those who don't. The current structure, where the brokerage gets a flat percentage of official...
Selling to Avoid Foreclosure in a Buyer's Market
Found this on a public forum I need help to stop foreclosure on my home. I need to sell quickly? I am a couple months behind on my payments and want to sell now. I am not looking to make...
How to Tell A Good Real Estate Market Article From A Bad One
Don Henley has a fun song off his second solo album called "Driving With Your Eyes Closed". I can't find a video performance, but here are the lyrics. It's got a chorus that ends with the line, "You're gonna hit...
CBB: The Art of Setting Buyer's Agency Compensation on a Listing
First off, let me make something very plain. All a CBB (Cooperating Buyer's Broker compensation) can do is give good agent an incentive or disincentive to look at the property. A high one will not, by itself, sell the...
Steering: The Most Violated Law In Real Estate
I just picked a random ZIP code in my local MLS, and out of the first twenty listings I came to, ten had explicit violations of one or more of the sections of RESPA regarding steering right there in the...
Real Estate and the Four Levels of Competence
People who talk about learning skills tend to discuss a model for learning called the conscious competence learning model. It starts with unconscious incompetence. You not only don't know how to do something, you don't realize that it is...
The Mortgage Loan Market Controls the Real Estate Market
One of the things I keep telling folks about the real estate market, whatever area you live in, is that it is controlled by the loan market. If you want to understand where real estate in general is headed, look...
The Best Way To Solve Problems in Real Estate
The same as in every other area of life: Get out in front and stop it from becoming a problem. I do not understand why many people approach real estate transactions like a casual outing. Go window shopping, decide...
Contingent Sales
I am buying a house. I signed the contract but the seller said contingent to sell until she buys new house? Is that normal? People do it. It's smarter to avoid the stress and complications of dealing with both...
Sellers Lending to Buyers Then Selling the Note
I am seeking to sell my properties to my tenants. I want to create a mortgage and then sell the mortgages. Properties are undervalued in this area as they have been historically fixer-uppers. Ours are in very good condition...
Buying and Selling Properties with Unpermitted Additions
Unpermitted additions are popular in California because of property tax implications. You see, due to Proposition 13 back in 1978, taxable assessments are based upon purchase price plus no more than 2% per year since acquisition (although if you...
How to Sell Your Home Quickly and For The Best Possible Price
There's really nothing mysterious about this. There are some subsidiary tricks and issues, but the most important thing is obvious. The economic games theory is crystal clear, as is the research into what really happens. But most people don't like...
Real Estate Agents and Mortgage Loan Officers Don't Want to Compete
It's the same reason the phone company doesn't want to compete, General Motors doesn't want to compete, Wal-Mart doesn't want to compete, Disney doesn't want to compete, and Microsoft will do everything in its power to appear as if it...
In Real Estate, You're Better Off Doing One Thing At A Time
Hi--I just found your site today. The best I've ever seen/read, etc. Thank You!! I do have a question I didn't see addressed regarding our current situation/dilemma: Our present home, which we've lived in for 8 years, is worth...
Buyer's Markets: Time for Listing Agents To Earn Their Money
One of the most common things I'm seeing as I roam about the East County looking for bargains: Agents not doing their jobs. Even when there were 40-plus sellers per buyer, single family detached homes that are priced appropriately were...
Low Asking Price on Unfinanceable Properties
At any given time, I will usually have at least one set of clients who really need to consider a condo or townhome who nonetheless have their hearts set on a single family residence. I agree to include single...
The Future of Real Estate Agency is Expert Consultants, Not Controlling Market Access
Expertise and attitude, not control of an informational chokepoint, is the way that things are going. Let's analyze this from both sides of the problem. The current owner looking to sell really needs a marketer. For better or worse, most...
Full Service Agent For Discount Price? Demand Specifics!
There is no such thing as a free lunch, but lots of people will pretend there is. It seems to me that many people consider compensation earned by real estate agents as paying some kind of toll. They think of...
Real Estate and the Tale of Aesop's Dog (Greed Envy)
At a very young age, my parents bought me a book of Aesop's Tales. Aesop has gone out of style, probably because these are stories with a moral lesson, and it seems the modern society is actively averse to moral...
Facts Of Life On Buying and Selling "Without an Agent"
I saw your article on on Searchlight Crusade about exclusive buyers agents and I have a couple follow up questions pertaining to my own situation that I am hoping you could shed some light on. I don't have any...
Automated Underwriting In Pre-Qualification or Pre-Approval Letters
It has become a trend for real estate agents who think they're being "smart" to require an automated underwriting approval. These are automated underwriting programs from Fannie Mae and Freddie Mac saying that Fannie or Freddie will buy the...
Two Things Sellers Need To Understand About Buyers
There's an old saying in sales: "The best way to achieve your dreams is to help others achieve theirs". I wasn't able to run it down to the original attribution, but it is as true a saying as can...
Which Makes More Difference To Your Future - Buyer's Agent or Listing Agent?
Having done both, there's no question in my mind. For the average person and the average transaction, the buyer's agent makes a lot more difference. In the aggregate, a good buyer's agent has the opportunity to make a lot more...
Asking Price Versus Sales Price
Hard as it may be to believe, I've never done an article comparing asking price to sales price. It's way past time. Asking price is quite simply, a written representation of an offer the seller would be willing to...
Why All The Fuss Over Real Estate Transactions?
Why doesn't real estate just sell for the asking price instead of having to go thru all the paper work...? Wouldn't it be easier to just put a price on it and sell it for that price? We don't...
The Era of Make Believe Loans and The Law of Unintended Consequences
One of the things I've heard and read other agents complaining about is that they can't find qualified buyers to represent. Welcome to Unintended Consequences 101. The way that the market had been working is this: Young, often unmarried, buyers...
Some Offers Are More Equal Than Others (Even If They Are For Less Money)
The phrasing in parallel with Animal Farm is intentional. Sellers need to understand this, and so do buyers, especially in a hot real estate market. Some offers are more equal than others, and knowing how to choose between competing...
Is Your Agent A Cheerleader Or An Analyst?
It's not difficult to see how some of the weakest agents and loan officers I know make lots of money. They work for an office of a well advertised chain, and when they get the walk-in traffic, no matter what...
How To Keep Listing Agents From Filtering Out Offers
This is a real, major and pervasive problem in the industry. For a while, it mostly went away as listing agents were desperate for any offer, but it has come back. At least two properties my buyer clients have...
When Selling, You Need To Understand Your Target Market
One of the hard things to get through to sellers is to understand the characteristics of the sort of buyers they need in order to have a successful transaction. If a given set of prospective buyers can't afford the property,...
Do Furnishings Convey With The Property?
If a home for sale has a refrigerator included on the listing report, and the buyer's agent does not write that it goes to the seller in a contract, is the buyer actually entitled to the refrigerator. I am...
Short Sale Negotiators and the Interests of Potential Buyers
I am seeing a very disturbing trend these past few months. Rather than do the work they should be doing, listing agents are treating the entire short sale process as a kind of "Black Box", delegating the negotiations with the...
For Sale By Owner (FSBO) and Low Agent Concessions
I want to sell my home for sale by owner. Is 1.5% a good amount to co-broke? Or will agents avoid me? In most of the country, this is a buyer's market right now. You need to compete more strongly...
Why Sellers Should Counter All Reasonable Offers
I just got off the phone with an agent who claims to have three offers on the property, but he doesn't want to counter the offer. He just wants my client to voluntarily throw more money (or more something)...
Failure to Disclose a Known Material Fact to Buyers
My husband and I bought a golf course-view house in DELETED. We closed 5 days ago; moved-in 4 days ago; and 2 days ago found out that the golf course is scheduled to close. It was announced by the golf...
The Tollbooth Model of Real Estate Agency
Over the last couple of decades, there's been a rising movement, mostly on the part of those who want a piece of real estate agents business, to sell agents as a toll booth. Tollbooths sit there, guarding the entry to...
"I'm Working With Someone Else, But Could You Just Help Me With..."
I recently got an email from a reader that was coming into a property as I left. I dropped my card and we did the lockbox shuffle thing, then there was an email when I got back to the...
Seller's Failure to Disclose a Pending Assessment
I am about to close on a condo unit. At the last minute, we received the resale document from the management company. All units are being assessed a one time charge of $3000 due in full Nov. 1 for roof...
Some Secrets to Good Transactions
Be prepared for trouble before it happens, know how strong your position is or isn't, and don't ever overplay your hand. Real estate transactions are the largest transactions most folks get involved in. Even small percentages of $500,000 or more...
I'm Competing Against Multiple Offers. How Do I Proceed?
The first thing to consider is that maybe you shouldn't. You never want to get involved in a bidding war. There's a classic riddle I ask every single one of my buyer clients at least once. "How often does...
The Measurement Unit For Desirability Is Dollars
I have been asked by more than one person how to measure desirability of real estate objectively. Fortunately, the Phoenicians did all the hard work for me three thousand years ago when they invented money. Precisely what that measurement unit...
Why the Real Estate Buyers Agent's Commission is Paid by the Seller
I have to admit I'm uncomfortable with it and don't like it. As a buyer's agent, here I am getting paid by someone who not only is not my client, but whose interests are aligned, in most issues, opposite to...
You Want an Agency That Can Pay ENOUGH Attention to YOU
A lot of advice gets given to choose a "top producing" agent. These highly corporate offices may have the name of an individual agent attached to them, but they are in fact transaction mills. They have done pretty well for...
Low Equity (or Worse!) Relocations in a Buyer's Market
Hi, Dan! I just came across your website and you strike me as the type of guy who has answers for our situation: My husband and I built our home 2.5 years ago. We took out a second mortgage...
Will Agents List My Property if I Owe More Than It's Worth?
The answer is yes. This situation is called a short sale. As with everything else pertaining to real estate, there are potential upsides and downsides. First of all, lenders in short sale situations often demand agents reduce their commission, so...
Listing Agents Claiming There Are Multiple Offers
Once upon a time, this was a good way to get more money for your listing. This led to a classic tragedy of the commons. Because it didn't take hardly any extra time, and there was no reason not to...
There's Nothing Sacred About Asking Price in Real Estate - Variable Range or Regular
A few days ago, I had an agent get angry at me about an offer below a range asking price. I had submitted the offer with extensive justification as to why it was an appropriate offer. Basically, this clown had...
Variable or Range Pricing of Real Estate
About half the listings around here do not have a single number asking price, but rather a range in which "offers will be considered". Even many agents have trouble understanding range pricing. I've seen and heard more than one agent...
Listing Agents and Pre-Approvals or Pre-Qualifications
It has become very trendy to ask for pre-approvals on loans, because so many escrows are falling through. Unfortunately, as I have explained in the past, Loan Pre-Approval Means Nothing, and prequalification means even less. Both are literally wasted paper....
Who Has An Interest That Should Be Protected In A Real Estate Transaction?
I've been answering this question for a long time. Whose interests do we need to be concerned about, in a "If they are harmed, we've got a problem" sort of way? Who has a primary stake in a real...
The Good Faith Deposit for Real Estate
A search I just noticed asked the question "Who gets the deposit if escrow falls through?" The theory of the deposit is that here is an amount of cash that the buyer is putting up as evidence of their ability...
How Agents Should Respond To An Appraisal Below Purchase Price
It really helps my perspective in a lot of ways to be both a Realtor and a loan officer. Just the other day, I had a loan only client where they were already under contract to buy a property...
The Home Valuation Code of Conduct (New Appraisal Standards)
Since May 1, 2009, we've been having problems with appraisals like never before. It's an interesting case study how the attorney general of one state used threats to blackmail a nationwide industry, installed personal controls and opportunities for graft into...
What Can A Seller Do To Find Out if A Buyer Is Qualified
A high percentage of buyers out there have no idea of how qualified they really are themselves. They have no clue as to any of the major factors in determining credit-worthiness. To be fair, there are dozens, if not hundreds,...
Online Real Estate Photographs - You Have Heard of Photoshop?
When Israel invaded southern Lebanon a few years ago, this picture from Reuters ran worldwide The problem was that it was heavily photoshopped by a Palestinian stringer trying to make it appear like the Israelis were setting the entire...
The Difference Between a Reliable and Unreliable Prequalification or Preapproval Letter
If you don't know, chances are your agent doesn't either. Even if you know, chances are that your agent is as clueless as a newborn about loans. I and my clients get asked for all kinds of nonsense (to put...
You Must Be Willing To Act In Order to Get Any Benefit
On a very regular basis, pretty much every buyer's agent who's worth anything gets clients who have difficulty making a decision. Not too long ago, I found a solid property with great potential that nonetheless needed about $20,000 of cosmetic...
Buyer's Appraisal versus Seller's Appraisal
My husband and I are currently in escrow with the sale of our home in California. Our buyers have been " difficult" to say the least. The buyers appraisal of our property came in $6,000 below the selling price...
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