Don't Pay Off Bad Credit

Step three in the “Should I Buy a House Now” series is somewhat of a sidetrack.  In Step 1 people learned the difference in calculating your current gross income, especially if any part of your income is not guaranteed “salary”.  In Step 2 you were sent off on a long project of accounting for your past practices of spending that gross income.  By finding the money you wasted, and taking steps to waste less of your earnings, you were able to find additional monies to put towards housing payments.

Step 3) Start Improving Your Credit Rating This can take a long time, as does Step 2.  I am suggesting you do these simultaneously.  Don’t think that because you pay your bills on time, that you have good credit.  Paying your bills on time only accounts for 30% to 35% of your credit standing.

Get all copies of your credit history.  Generally there are three sources (or more) and you don’t want to get your credit score, you want full copies of your credit report.  Go through the reports and make sure the history pertains to you.  The more comon your name, the more likely you will have something of someone else’s on your report.  If you are divorced, you want to remove things that you are no longer legally responsible for by divorce decree, even if the item has a high rating.

Let’s assume you have at least one item that you didn’t pay well.  Don’t pay it off!  This is the biggest mistake I see people making.  You need to turn bad credit into good credit.  Paying it off does not remove it from your credit history, so paying it off simply locks in a bad credit item.  You want to “pay it as agreed”.  Sometimes you do that by agreeing to a new payment schedule and then paying the new payments on time for a year.  Sometimes you pay off the balance, but leave the card open, and charge one small item every month and pay that item off every month.  I’m not a credit expert for sure, but this issue goes back long before scoring was used.  All too often people pay off the balance on a bad credit item thinking they made it good.  No.  You locked in the bad long term.

Here’s a story from back when I was 25ish.  My Mom needed me to co-sign on a house.  I had a bad charge card at a department store that was charging me 3% of the balance due until it reached near the max, and then wanted 20% of the now higher balance each month.  There was no way on my income that I could pay 20% of the balance, so it got behind.  It was a ding that was potentially going to cause my Mom to not get the house and everyone panicked. 

I went to the store with the full balance due in my hand, and after a lengthy conversation with the credit manager, I was very angry and said I hated the store and would never buy anything there again.  The Manager said to me, “You can’t hate us.  In fact you have to buy from us.  You can’t just pay off the balance to restore your credit.  If you never buy from us again, that bad rating will sit on your report for years.  The only way for you to improve your credit is to buy more from us and pay off that more well.”  That made me angrier and I started to leave when a lightbulb went on.  I turned around and said, “Are you telling me that I can go downstairs right now and buy something on this card?  He said absolutely, please do.  I said can you give me a letter to that effect.  He said sure.  I took that letter to the mortgage company and said how can you deny my Mom a mortgage based on a bad credit item, when the bad credit item doesn’t think it’s so bad, in fact they invite me to continue shopping there on credit.  I handed them the letter from the Credit Manager on the store letterhead, they agreed and my Mom got the house.

Lesson learned:  Turning Bad credit into Good credit involves not simply paying off balances, but continuing to charge and pay as agreed until the credit rating for that item improves.  Then you can close it after it has a good rating.

I have to meet someone at a house shortly, so I’m going to end here though this post could be a 20 page short story, if I highlighted all the ways to good credit.  The point is EARLY in the process, here at Step 3, know your credit score, review your credit history from 3 credit bureaus, and improve as needed.  Even if your score is high, go through the detail and make sure you correct anything that needs correcting.  It takes a long time for the credit bureaus to reflect change…so don’t wait until the last minute to work on this step in the series.

The Crackberrys are coming to Real Estate by a Storm!

Supra Blackberry phonesI’ve been a fan of the Blackberry for years. I LOVE their “push” email technology, and it’s one-hand scroll-wheel functionality. But I had to drop-kick my crackberry for a Palm Treo when Supra came out with the eKey technology in order to access homes for sale with lockboxes. I actually kept both for a while but after I got an iPhone three phones was just too much, even for a geek like me.

Supra only supports a handful of smartphones and most of them are Palm Treos, either Palm OS or Windows Mobile. The reason for this is not because they are lazy or unresponsive to customer requests, even if they are. The real reason is that most devices do not support IRDA technology. That’s the infrared port that communicates with the Supra iBox to unlock or program it. So Blackberrys, iPhones, and a bunch of other popular and cool smartphones were effectively blocked from being used as an eKey. Until now….

Blackberry eKEY-infrared convertorSupra has decided to sell an “infrared-to-bluetooth converter” and offer their Supra eKey services from several Blackberry devices by the end of the year. It’s like a car key fob that you carry on your keychain. According to their press release, Supra will support the Pearl, the Curve, and the 8800 series devices. There will be a couple of different plans offered. The new eData Mobile application will give the listing agent instant notification of showings, even while they are in progress. I’m not sure how this will play out. I’m not excited about getting calls from agents for feedback while I’m still in the house and showing my client. We may end up needing some NWMLS guidelines to keep Realtors from being too aggressive with other agents. (not that there are any pushy agents out there).

So the real question is … (drum roll please) Will Supra support the new Blackberry Storm? This is the closest thing I’ve seen to a true iPhone competitor coming to the market. All the other vendors have been scrambling to come up with a product that can compete with Apple’s evolutionary and wildly popular device. So far, none of them have really even come close, IMO. They may have some of the look and feel down, but the vastly superior software options still puts the iPhone WAY ahead of anyone else. But the one thing almost all iPhone owners agree on is that typing sucks on the iPhone. I can thumb a text message 10 times faster on a Blackberry.

Well, Blackberry may have found a way to solve this dilemma. The new Storm offers an on-screen touch-and-feel keyboard that you have to actually PUSH in a way that gives you a true “keyboard feel”. People tell me you quickly and intuitively learn how this works and your back to speed-thumb-typing in no time.The Engadget Mobile website has a page-by-page copy of the Verizon Sales brochure of the Storm if you want to look it over. I spoke with someone at GE Supra and they would not commit to saying the Supra eKey product would be compatible with the Storm. It uses Verizon’s GSM and Ev-DO networks and not Wi-Fi, which could be a deal killer for some people too.

Blackberry Storm keyboard

At least agents will have a viable alternative to the old and limited Treo. Finally, Change you can believe in! Sounds like the Blackberry’s running for office!

Thanks for the great time, Zillow!

As one of the presenters put it, last night Zillow took a page from real estate agent’s marketing tools and conducted an “open house.”  A certain number of agents were invited to attend, some mortgage professionals, and there were even invites out to buyers and sellers that frequently are on the site. Part of the open house involved sessions where the attendees could learn more about how Zillow functions – one session for marketing and another for the more technical side of the site.  So, my business partner and I split up to cover as much ground as possible.

For me, the marketing session didn’t produce anything new.  But, I guess I hadn’t realized until being there what a “power user” me and my team are with their site. Somehow I thought that the invites had said that they would be introducing new features, but as far as I could tell it’s stuff that we have found and started using as each new feature was introduced.  Plus, we also had already figured out that syndication sites (like Point2, vFlyer) weren’t the best way to get an individual agent’s info maximized for SEO. Although we do still use syndication sites because the go out to a lot of other sites that we just don’t want to spend the cycles having to re-enter each listing over and over and over.  It is very time consuming.  Gotta love widgets, that’s for sure!

Speaking of technical stuff… I was interested to see the data that they gave about the various sites and the stats for user activity.  Part of what was shown here also filtered over into the conversation at the after-function with regard to Zindexes ( and how that is measured and it’s rate of accuracy.

Afterward there was a soiree down at the Waterfront Grill in their private function locale in the former Rippa’s space.  (I’m curious to know where those photos they had taken will end up…. no, nothing tawdry, just lots of PR stuff) Good times had by all and some great debate between agents and Zillow employees alike.  Thanks to David Gibbons, Drew, Mike, and Scott Huber for all of your discussions with us and for being wonderful hosts along with your other employees.  It was really great to meet all of you and we look forward to seeing what else is “up your sleeve.”

Who Should Get Out Of The Real Estate Business?

Dustin, Jillayne, Rhonda, Galen and I were all in San Francisco for a few days for The Inman Connect Conference.  One of the most profound and spot on statements I heard at the Conference was “If you do not have a listing, right now, in THIS market (top-heavy with inventory)…turn in your license!”. Sorry I can’t remember who said it.  In fact I think it was a woman in the audience and not on one of the panels.  But how TRUE is THAT!  With inventory at all time highs, can you say you are a real estate agent if you have NO listings?! I thought that was a punch in the glass jaw to some of the agents milling around the conference.

The highlight of my trip was when Pete Flint of Trulia came over to me at the Better Homes and Gardens Soiree and handed me his card.  He recognized me from Trulia Voices 🙂  I gained a huge respect for him given our conversation.  We were talking about Trulia Voices vs. Zillow Q & A, and I was impressed with his sincere level of interest in opinions on the subject. Trulia had the best party, BTW.  A funny in the Trulia Voices link up there.  One of the agents immediately gave my response a “thumbs down”, while at the same time the person who asked the question voted it as Best Answer.  Oh well, you can’t please everyone.

I still feel guilty about keeping Marc Davison of 1000 Watt Blog up so late that he missed his Panel Moderation the next morning.  Brian Boero filled in for him. Officially the reason for his missing the panel was related to his recuperation of severed finger.  But I can’t help but feel that had I let him get a little more sleep the night before, he might have made it.  Yet, I can’t say I’m sorry for detaining him for so long…I just didn’t want to let him go.  He’s an amazing person.

I’m hoping Inman or Sellsius will post a video of the panel I was on, moderated by Joe Ferrara.  I was a little nervous about being on a panel with THREE attorneys!  Russ Cofano, Joe Ferrara the moderator and the woman from NAR. I was told afterward that something I said was Twittered into cyberspace instantaneously. Not sure what it was…I wasn’t Twittering on my iPhone while speaking on the panel. I got visibly annoyed with Todd Carpenter during the discussion (sorry Todd). The Panel was on “How Not To Get Sued” as a blogger.  Todd was basically saying to be nice and avoid controversial topics.  But Russ and I had a really nice conversation and rapport on stage. (No Tim, no Punch and Judy show.)

I was the only one in the room that clapped for Frank Llosa on “The Future of the MLS” panel when he spoke of the button next to the Listing Agent info that explains why, as a buyer, you might not want to call the Listing Agent. Here’s a quote from Frank’s website that will give you an idea of why I like him ”

“TRUST ME, I’M A REALTOR” Yeah Right! When was the last time a REALTOR talked you OUT of buying a house or condo?…”

The big “visual event” of the trade show was a new Franchise called “BUG Realty”. “At Bug!…We are the “no hype,

Join me for a Housing Market Conversation with Lawrence Yun

I don’t normally cross-post between 4realz.net and Rain City Guide, but tomorrow I’m having a conversation with the Chief Economist of the National Association of REALTORS that I think will interest many people in the Rain City Guide community.   We’re going to be talking about the effect that the recent news associated with the FDIC bailing out IndyMac and the Treasuring providing support to Freddie/Fannie will have on the housing market.

I fully expect this radio show to be interesting, lively and informative and welcome you to join.   As with Rain City Radio, there’ll be an associated chat, and I’ll be picking out questions from the chat room.   Please consider joining us!

The pain of over pricing and poor photos… and how not to get bit by them, 9+ questions to ask your listing agent.

I’ve noticed a trend in my business lately.  Several consumers are contacting our team for help in re-listing their home after having a poor experience with a prior agent.  While it is true that selling activity in Puget Sound is lower this year than last, there is still some positive selling activity occurring with some areas of Puget Sound continuing to grow in housing values.

So, with there still being some sales activity why is it that these folks are contacting us?

What I’ve seen as key factors in the lagging sales of these homes is poor pricing and presentation of the properties.  In one case the price had been overinflated by hundreds of thousands of dollars, plus it had poor presentation in photos and staging, so the home languished sitting on market for over a year.

In the majority of these situations things could have been handled differently with the past agent.  And, while I believe that me and my team provide a higher level of service than many others, we know we aren’t the only game in town that can figure out the right mix of marketing, presentation, and pricing for a property.  However, in these instances, I do believe the former listing agents could have done a better job – for certain – but, as a seller, it is also up to you to do a good job of interviewing a prospective agent.  A few good questions by the seller might have led to a different decision about how the house was marketed and led to a better discussion about what impacts the value of a home.  This, in turn, could have led to a more informed decision about where to place pricing.

So, to try and help those of you out there who are considering putting your home on the market, here is a list of 9+ questions you can use to qualify and interview your prospective listing agent.

1.   What methods of advertising do you use, and why?  Can you tell me which will likely be the most effective?  How comfortable are you using Internet advertising methods?

2.   Do you think my home will need prep work or staging to get it ready for market?  What types of things do you suggest for sellers and why?

3.   What is the typical timeline for selling a home that you have represented and how does that compare to the local marketplace?  What percentage of selling price do you typically get compared to list price?

4.  Do you offer any particular programs or services for each home that you sell such as a home warranty, professional photos, etc?  Does your fee determine whether additional services are included or not?

5.  If you don’t provide these additional services yourself – do you at least have companies you can refer me to that if I choose to use them directly to prepare my home more effectively, I can do so?

6.  Are there any special considerations I should have while selling my home such as security, prep for showings, etc?

7.  How often will you communicate with me about the sale of my home?  What kinds of reports can I expect?

8.  Will I get a chance to review and approve any of your advertising or marketing materials such as the flyer, MLS ad, or otherwise?  If not, why?  If I am not satisfied with a piece, will you work with me till I am?

9.  How will you determine the price that should be advertised for my home?  Will you include me in those pricing decisions and explain to me any reasoning for a price above or below my own estimate?

This list isn’t meant to be exhaustive but it will definitely open up a lot of good (or what should be good) conversation between you and the agent you are interviewing.  If the agent is unable to respond to any of these questions then you should seriously reconsider whether or not you will use him/her regardless of if it is a “family friend” or otherwise.  In today’s marketplace it is important that you make the right choice the first time, if you can.  The buying public is much more sophisticated today than even 10 years ago because of the Internet and because of the onslaught of home focused television shows and channels like HGTV.

Form 17 — an addendum to the contract?

As always, this is not legal advice. If you want legal advice, consult an attorney, not a blog.

Is the Form 17 part of the purchase and sale agreement (PSA)? Should it be listed in the “Addendum” paragraph of the PSA? In a word: NO! (At least if you’re the seller — if you’re the buyer, then YES!)

First, some background: Here in Washington, a seller is required to provide a fairly comprehensive Seller Disclosure Statement to any buyer of real property. Our local MLS provides this to sellers as its “Form 17,” so everyone in the biz refers to this legally required disclosure statement as the Form 17. Pursuant to the statue, the Form 17 “is for disclosure only and is not intended to be part of any written agreement between the buyer and the seller,” i.e., it is not supposed to be part of the PSA. On the first page of a PSA, there is a section in which the various addendums to the PSA should be listed so that there is a clear description of the complete contract and its terms.

In practice, many agents (and unrepresented parties) will list the Form 17 along with the various addendums that are typically included in the PSA (e.g., financing contingency, title contingency, inspection coningency, etc.). If you are a seller, this is a significant mistake. Conversely, if you are a buyer, this provides you with some leverage if the seller fails to disclose or misreprsents a defect in the house.

By listing the Form 17 as an addendum to the contract, the parties incorporate the Form 17 into the contract notwithstanding the statutory language. In that event, if the seller fails to disclose or misrepresents a defect, then the seller has arguably breached the contract. This would give rise to a breach of contract claim against the seller, which is an easier claim to prove than a claim of fraud, the typical claim arising out of a seller’s misrepresentation. Moreover, the PSA contains an attorney’s fees clause. Thus, if the buyer were to prevail on the breach of contract claim, he would also be entitled to an award of his fees and costs incurred (which will very likely exceed the cost to repair the undisclosed defect). Fees and costs typically are not available on a fraud claim (although the case below calls that proposition into doubt, a topic of a future post).

A very recent case helps to illustrate this point. Stieneke v. Russi, decided July 1, involved a seller’s failure to disclose a leaking roof. At trial, the court concluded that the Form 17 was part of the contract, even though the buyers signed it four days after mutual acceptance. The trial court reasoned that a seller should not be able to easily avoid liability for the contents of the Form 17. The court found that there was “an understanding” between the parties that the Form 17 was “part of the deal.” Accordingly, the seller was liable for breach of contract.

On appeal, the appellate court reversed the trial court. The appellate court focused on several issues, including the fact that there was no mention of the Form 17 in the PSA itself. Had the PSA referenced the Form 17 in the “Addendums” section, thus specifically including the Form 17 in the terms of the contract, the appellate court would have had a much more difficult time concluding that the Form 17 was not part of the contract.

So, if you’re a seller and you receive an offer showing the Form 17 as an addendum, prudence would dictate that you strike that term and present the counteroffer back to the buyer. There is no reason to include the Form 17 in the contract, and indeed the legislature did not intend for it to be part of the contract as indicated by the statutory language. On the other hand, if you’re a buyer, go ahead and list the Form 17. Why not? It is common practice among agents and there is a good chance the seller will accept this term. In that event, you will have some additional protection to insure that the contents of the Form 17 really do reflect the actual knowledge of the seller. If the Form 17 does not reflect the seller’s actual knowledge, then you will have a good claim against the seller for the costs you incur as a result.

[Footnote: the damages in the Stieneke case, the cost to repair the leaking roof, was $72k, but the attorney’s fees and costs were $175k. Clearly, as a buyer it is really, really good to preserve any ability to recover your fees and costs in the event you have a claim against the seller. In a future post, I’ll discuss other interesting aspects of this case, including the basis for this award of fees even though there was no breach of contract claim.]

Hands-free law starts July 1st – That means Realtors too!

Look Ma, No Hands!

Washington State will go ‘hands free’ for cell phone use in the car on July 1st, so agents (and everyone else) shouldn’t be driving around with one hand up to their ear anymore. Well…that’s the intent anyway. The Washington State Patrol says you could face up to a $125 fine, although it is suppose to be a secondary offense. Real Estate agents are notorious for this, myself included. Fortunately, for several years I have had an integrated hands-free system in my car (Acura RL) which has given me a head start on being compliant.

I thought I would mention some options for agents, or for that matter anyone who spends a lot of time on the phone in their car, who are just taking the plunge into the deep blue-tooth ocean of products to help them figure out which device might be better suited for them. But don’t just go out and buy one of these devices. Do your research and check with your provider about what they offer and recommend. These days many products and services are specific to wireless vendors, like Verizon, Sprint, and AT&T.

hands-free driverFirst of all, you’ll need a bluetooth capable cell phone. Many, if not most, of the newer cell phones have this capability. But if yours doesn’t, you’ll need to upgrade. These days people change out their cell phones pretty frequently anyway. But if you have been waiting, now is probably a good time. Just be sure you understand how your cell phone plan will be affected and hopefully your carrier won’t force you into signing a new extended service contract.

If you have a newer model car that has integrated bluetooth capabilities you’ll want to check which phones work with it (not all do) and use the products they recommend, if possible. This information should be in your manual. When my car was introduced integrated blue-tooth was still new and it did not specifically support my phone and service (a Palm Treo w/Verizon), but fortunately I was able to trick it (read “hack”). It would be a real drag to decide to buy a $50,000 car because of it’s bluetooth capability only to find out it won’t work with your phone or service.

If you don’t have integrated bluetooth in your car, then you should consider getting either a headset or component speaker system. Most headsets these days just fit in or around your ear and are pretty small. They often use a microphone technology that relies on the vibration of your jawbone, much like your inner ear, which keeps it very small and helps with noise cancellation – cool huh?

Here are some hands-free bluetooth earbud and speakerphone options from $65 to $125:

Bluetooth Jawbone HeadsetThe New Jawbone – Jawbone is the hot bling-bling of the bluetooth world right now. Their marketing is aimed at the fashion-conscious among us. This is perfect for the agent who is most worried how it will fit in with their wardrobe. The have good noise canceling technology too.

Bluetooth Jabra SP5050 SpeakerphoneJabra’s SP5050 – This unit is made to be clipped to your visor and has a speaker system built in. Jabra is well known and were the first to come out with hands-free bluetooth headsets and use digital signal processing (DSP) technology.

BlueAnt’s Supertooth 3 – Another visor clip-on speakerphone, the Supertooth 3 announces the name or ID of the caller when the phone rings – just say ‘OK’ to Bluetooth Blueant Speakerphoneaccept the call. This device is suppose to be very easy to install and it uses ‘Text-to Speech’ software. The voice prompts provide guidance and assistance install and to help pair the device and upload your cell phone’s address book. When a call is received, the Supertooth 3 announces the incoming caller’s name or number. Just say ‘OK’ to accept the call. You also have a choice of 6 languages.

Bluetooth Venturi MiniVenturi Mini – The Venturi Mini directs incoming calls to the cars speakers and includes a FM A2DP audio player and no headset or wires are needed. With phonebook download the incoming caller appears on the Venturi Mini and your car radio simultaneously. This unit plugs into your lighter plug in and offers USB support too, which means you can charge other devices.

You’re going to need to configure your bluetooth cell phone with your hands-free integrated car system or your bluetooth hands-free device. (wireless headset or speakerphone). Once you pair the device and phone you’ll need to do some set up and preferences. Carefully read the manuals regarding hands-free dialing with your Address book and configuring everything to match your network (Verizon, Sprint, AT&T). Most likely you’ll need to “train” the system to recognize your voice and / or connect phrases with numbers. You may need to tell it when you say “Call Jim” to dial the appropriate number.

Take the time to do this and it will be worth your while. This is what the “hands-free” is all about. Now you can impress youir clients with your tech-savvy skills and stay out of jail at the same time!

Any RCG Readers want to jump in and share their favorite hands-free bluetooth goodies?

Rain City Radio: A West Seattle Story

I really enjoyed today’s conversation with Tracy Records of the West Seattle Blog.  Tracy shared a ton of great stories with us and I learned a ton…

Click here to listen to the entire interview!

And below are some links to some of the things we discussed:

We covered a lot of great topics in the interview including her perspective on the elements of the media that has fundamentally changed.  As someone with 25 years experience in the traditional media space AND a successful local blogger, her perspective was fascinating!

Click here to listen to the entire interview!

*Note: If you’re wondering why this post looks different then when it was originally published, I didn’t like the outline that I originally provided, so I changed it around a bunch.

Our New Responsible Mortgage Lending law

Just when you thought you had seen the most stupid law from our legislature regarding real estate omitting common sense, here comes another! House Bill 2770 aims to make what was a federal offense a state class-B felony. While it is aimed at mortgage brokers, it has wide sweeping implications to real estate agents, buyers, sellers, home inspectors, contractors, and just about anyone else who has even a limited financial interest in a real estate transaction involving a mortgage.

cross my fingersThis law provides that a residential mortgage loan may not be made unless a disclosure summary of all material terms is placed on a separate sheet of paper and has been provided by a financial institution to the borrower and that a financial institution may not make or facilitate the origination of a residential mortgage loan that includes a prepayment penalty or that imposes negative amortization under certain circumstances. And here’s the catch-all clincher: The law says that certain acts and omissions by any person in connection with making, brokering, or obtaining a residential mortgage loan are unlawful.

While part of the law attacks important issues like negative amortization and pre-payment penalties, it’s the broad definition regarding the disclosure of material facts relating to a property that causes me the greatest concern.

Example: Buyer purchases a home “subject to inspection