Paying a fair price for the home you buy.

One of the problems with today’s real estate inventory of homes for sale, is that it is difficult to determine if the asking price is a fair price. Today I received an email noting that the price of a home was reduced by $200,000. It is today $300,000 less than the day it went on market about three months ago.

Think about how scary that is to a would be home buyer! Someone could have paid $300,000 more for it than the asking price today, and who knows? That “new reduced price” could still be $300,000 more than someone will end up paying for it. This is particularly true of the home I am referring to in this post. (as an agent I cannot mention the address, and will have to delete it from the comments if someone else guesses it correctly. Let’s stick to the general point of the post and assume many homes fit this broad description.)

I want to talk to you today about a totally out of the box approach to buying real estate. It isn’t necessarily a new concept, it is simply the same strategy used in the hot market. In the hot market when there were 3 offers “in” when you wrote your offer, you automatically attached an “escalation clause” saying “I will pay X$ more than the highest offer up to X$ cap price”.

There are two homes on market, one each for two of my clients that my clients like, but we are agreeing that the asking price is too high for that home, and higher than any buyer will be willing to pay. In the meantime the seller is not ready to take an offer at what we consider to be a “fair” price for the homes in our “saved homes” watch list. We, the buyers and I, have attached a price to the homes that the buyer would pay, that is substantially less than the current asking price.

The way the market works generally, is buyers save these homes and wait for the price to come down. On the one hand they are afraid someone else will buy it at the price they are willing to pay. On the other hand they don’t want to get into a negotiation stance that might draw them above what they are willing to pay.

Let’s use a hypothetical. Let’s say the asking price is $999,950 and your price is $875,000. It would be fairly simple to put in an offer of $850,000 or X$ more than any other offer received with a cap of $875,000 in the next 30 days. Offer may be withdrawn anytime prior to acceptance or extended at the end of this 30 day period.

Many years ago during the last market like the one we are in now, I did something like this for a client. Slightly different. It was an abandoned very nice home. The owner did not have it on market as a short sale, they simply moved out when they stopped making their payments and moved out of State. The Bank had not foreclosed, and so the Bank could not sell the home or even consider offers to purchase. There were many people who wanted to buy the house. In fact one of the agents whose clients wanted the home, sent that client to me (which is how I got the client in the first place) as they could not determine how the buyer could get the house, it not being for sale. In fact half my business that year came from local agents who sent me situations they could not figure out in the weak market. Odd, but true 🙂

I wrote an offer at a ridiculously low price, which was also the highest price my client could afford to pay. The buyer was willing to give it his best shot, realizing that his best shot might not be good enough. I wrote the offer and sent it to the bank, who did not own it. I wrote a response time of 30 days. Every 30 days I had the buyer and his wife come into my office and rethink whether or not they still wanted that house at that price. If they said yes, I had them sign a short 30 day extension to the offer. This went on for nine months.

One day the Bank was within the time range when they could foreclose on the house. That’s one thing people don’t understand about short sales. The bank can’t always foreclose when they want to foreclose, and the person who put the offers into that file is not the person who opened the file to start the foreclosure proceedings. Banks can’t always answer your short sale offer when you want them to. The day the bank was ready to start the foreclosure process, they opened the file and found an offer inside with nine 30 day extensions. Rather than begin the foreclosure process, they called me and accepted my client’s offer.

There was never a for sale sign on the property as it was technically never for sale. My buyer client asked me to put a sold sign on the property so that would be buyers would stop going inside it while we were “in escrow”. I went over and put a sold sign up. Within two hours 21 people called screaming that they wanted to buy that house, but their agent or attorney told them they had to wait until after it was foreclosed on. One even told me he had already purchased new kitchen cabinets for it, and they were sitting in his basement.

I know there is an old saying that “the early bird gets the worm”, but in a market like this one we need to fall back on a completely different idiom. “patience makes perfect”. If you do the right things while being patient, you just might end up with a perfect result for you and your family.

Why do Real Estate Agents put their photo on…

custom-real-estate-signs_splashEven though I do not have my photo on my business cards or signs at present, my clients have on occasion asked me this question when we enter a house where the agent’s picture is on the sign.
Even when the agent’s photo is not on the sign, some ask me why the agent’s picture is often on the business cards and other materials such as the home flyer.

This morning over at The Onion there is a funny post titled “I Wasn’t Going to Buy This House UNTIL I Saw The Realtor’s Headshot On the Sign”by Sam Cone.

The answer is fairly simple. There has been for some time now, a continuous struggle between Brokerages and Real Estate Agents as to whether you are going to call “The Office” or “The Agent”. For many years there was a rule called The Rule of Prominence, which is still a rule in some places in the Country. That rule required “…the broker’s name to be equal in size and more prominent than the agent’s name”. (but not necessarily the agents face or photo). As soon as it was determined that the agent’s photo was not part of the prominence rule, agent’s used the photo to help insure that the prospective client or home buyer would call them vs. the Brokerage, or at least ask for them by name if they did call the Brokerage.

Take a look at the sign I used in the thumbnail photo that says, “Buy Your Next Home With Us!” …and then ask yourself who “us” is? US is obviously Century Properties, and not Cindy, given the company has the header and footer control, and Cindy only gets to customize the insert on the white background. Also the slogan would say “call ME” vs. call “US” if that were Cindy’s slogan vs. the Brokerages slogan.

Cindy wants you to call her, and the company wants you to call them. This is more of an issue in some places than others. Historically Brokerages did not have to pay for a receptionist. Agents used to “sit floor duty” on the hope of getting a new client via a “sign call”. More and more, agents began trying to be “more prominent” on the sign than the broker, to insure that they personally got the call vs the Brokerage, or that you would at minimum be enticed to ask for the Cindies of the world by name when calling the Brokerage.

From the home seller’s standpoint, would the owner rather you talk to Cindy? Probably, because Cindy knows their home better than any old body who answers the phone at the real estate company.

So it would seem that whether you are the agent or the owner of the property, those two entities are best served if you take the extra time to reach “Cindy”, than whomever happened into the office to get a cup of coffee today.

Now let’s talk about the buyer. The buyer is often NOT best served by speaking with the agent for the seller from an Agency standpoint. They may be best served by talking to the agent for the seller when they want to know things about the property, or they want to possibly try to save some money on the real estate commission by not having a separate agent. Any way you slice it, the buyer being able to tell who is, and who is not, “the agent for the seller” is of value.

The big fat face on the sign is a HUGE reminder that the person in that picture represents the SELLER, and NOT you the BUYER.

Forewarned is forearmed…and the next time you see an agent photo on a sign you might ask yourself if you want that person who represents that seller…knowing a whole lot about you, the buyer. Do you want that person to know how much you LOVE the house!? Do you want that person to know that you are worried about whether or not you can get financing? Do you want that person to know that you are not sure if you want the house, you just want to tie it up for a few days while you think about it?

If nothing else, value the big fat photographic reminder, that the smiling face on that sign…does not represent you, if you are a potential buyer of that house.

March 18th & 19th PNW Housing Summit & REbarcampSea

First and Foremost…HAPPY BIRTHDAY RHONDA PORTER!!!!!!!!!!!!!!

The Pacific Northwest Housing Summit will be held this Thursday, March 18th at the Seattle Center. The details of who will be speaking at that event are in the link, and Rhonda promised to stop by in the comments to describe it a bit further. The Washington Association of Mortgage Professionals is largely responsible for that event, along with several other sponsors, and there is a cost of entry. I think the cost is $80 or so $69 if you pay at the door. I’m pretty sure both Rhonda Porter and Jillayne Schlicke will be at the event.

On Friday, March 19th there is a free event that I believe is open to just about anyone, called REbarcampSEA. There is never an agenda for a barcamp, as it is an “un-conference” and the sessions are determined by those who come to the event.

When you arrive at REbarcampSea you are usually asked if there is a topic you would like to talk about, or have others talk about, sometime during the day. The times and sessions are then written on a board as people request the topic and others agree to speak on the topic. I recall seeing The Tim from Seattle Bubble there last year, so I’m 99% sure anyone can attend, though the room will largely be filled with 400 or so agents, lenders and real estate vendors.

Technically there is no subject that is taboo at the event, so a group of consumers could come and ask for a session on most any topic. Largely the event deals with Social Media and Blogging sessions, so if consumers would like to see blogs or social media handled differently than they are in the Seattle Area, they can come and discuss their list of “wants” in that regard. It would be nice if a large group of consumers came, so that the real estate industry could better serve their needs. So come out, bring a friend or two, and make your wishes known.

Hope to see you there!

Savvy Homebuyer saves 83% using Trulia Voices

truliaHomebuyer saves 83% on his Buyer Agent fee by using Trulia Voices.

Around noon on Sunday a homebuyer named “Patrick” posted this question on Trulia Voices:

Need a buyer’s agent

Patrick
Both Buyer and Seller
Seattle, WA

I plan on making a $1M offer on a home in Queen Anne. I found the property myself. Was shown the home by the listing agent. She does not have a claim for procuring cause, as I told her I was working with an agent when she showed me the property. I am looking for an agent to write up my offer and take the transaction through closing. The offer will be cash, with only the standard inspection contingency. At closing, you will refund the entire 3% co-broker fee to me minus a flat fee of $5K. We will be asking for closing within 2 weeks.

The question caused “quite the stir”, with 137 comments as of this moment.

Just “a moment ago”, Patrick posted this result of his inquiry and endeavor:

I see my post has caused quite the stir. If any of you must know, my inquiry here, and through other channels, has lead me to interview many agents and hire one who was more than happy to accept my offer. We have put our first offer together and received out first counter. I expect to reach mutual acceptance within the week.

For those of you who question if this is real, why I don’t use an attorney, if I’m trying to scam you, if I have the cash, etc… I really don’t care what you think. All I know is that in a few weeks, I will have closed on a property, saved tens of thousands of dollars, my agent will have made $5k, and we’ll both be celebrating at Canlis with our wives. And those of you still holding out for your 3% because you’re “worth it”, will still be sitting in front of your computers typing bad things about us.

And for those of you who continue to tell us buyers that “you don’t pay the commission” and “commissions are not negotiable,” this thread alone has proven otherwise. Most agents get it, some still do not, and may never. But again, I really don’t care. Goodnight to you all.

For anyone wondering what “The Future of Real Estate” is going to look like, this just might be a peek into the future. The possibilities are endless. It’s a great time to be a participant in the changes afoot for consumers in the real estate arena.

Squatter Claiming Adverse Possession in Puyallup

I’m just watching King 5 news tonight where they are covering a story about a home in Puyallup that is in process of being foreclosed.   Sadly, that’s not news.  What is news is that a mom and her kids have decided to move in claiming “adverse possession”.  

Adverse possession typically takes 7-10 years of someone using a property to claim as their own (very rough description–please speak to your attorney).   Clearly since she has only been occupying the property for days, she has no claim.   Here’s her side of the story:

“on the phone she said she is paying rent to a property management company that she works for and that they are trying to obtain the property under adverse possession. She says she feels they are actually helping the community by living in a house that was an abandoned eyesore and they feel they’re not doing anything wrong.”

What is she going to do when somebody legitimately buys the home and the appraiser comes by? Or when the title report discloses an erroneous claim to the title?

It appears as though the homeowner purchased the property in mid-2007, near the peak and financed his home with CTX Mortgage…from what I can tell from public records, it appears the home was 100% financed.  (Regardless, the squatter still has no claim of adverse possession, in my opinion simply due to the time requirement).

A Notice of Trustee Sale was recorded on May 29, 2009 to take place on August 28, 2009 in Tacoma.

As far as I can tell, there was no sale.   No new deed has been recorded (with exception to an attempt to establish a family trust).   

I’d like to find out more about the “rental company” the woman who is making the claim on the property says she is paying rent to for the home and is employed by.   

Facinating times.

New Construction – Settlement Cracks and such

nail popHome Warranty: I just sent a text message to one of my clients who bought a new construction home almost a year ago regarding their “Builder Warranty”.

A new home will have its fair share of minor settlement cracks and “nail pops” and many quality builders will come back at the end of the 1st year to fix these. Some will have a limit as to how many times they will come back to the home to fix them, so I generally advise my clients to read their warranty very carefully so as not to use up their total return visits in the first week.

Many, many times I have gone to someone’s home to list it for sale finding these settlement issues, and the owner never bothered to call the builder in the warranty time frame to have them corrected. Trying to fix them 5 years later is not only more costly, since the builder would have done it for free if that is provided in the warranty, but also more difficult to fix. Finding the exact paint color five years later can be difficult. The 5 year old paint on the wall or ceiling may not match even if you have the exact paint color.

One of the most important issues with these fixes is not the paint color, but the paint “sheen”. Often I will go to someone’s house and see everything “fixed” by the owner vs the builder, and even though they used the exact same paint color, the fixes have a shine, and the rest of the wall does not.

If you bought new construction about a year ago, take out your builder warranty and examine your home very carefully. Look around door frames, windows, drywall tape joints. Pull your furniture away from walls and look for “bows” in the wall from green wood having dried incorrectly. Often you can see this by examining the baseboard for gaps, and remember to look at both sides of the wall if you find this type of abnormality.

Maybe you can have your friends over for an “Almost One Year Anniversary – Find a Crack” party 🙂

There is usually a “drop dead date” in your warranty for these types of minor repairs, so be sure to PUT IT IN WRITING. Don’t just call the builder a week before your time frame expires. It’s too easy for someone to say you never called, or that is not what you called about.

Best to get your request to the builder, in writing, before the time frame lapses. Happy One Year Anniversary in your new home, often includes a visit from the builder to fix those things that tend to settle in the first year of a new construction home.

If you bought resale, with a one year “home warranty”, same story. If you have been “ignoring” a small problem that may be covered by that warranty, be sure to get a written request in before that warranty expires. You will be looking for different things if it is resale vs new construction, so read your warranty carefully. You might even want to have a full home inspection done, to make sure you don’t miss something.

Should you sell your home?

houseFive to one, more people are asking me if they should sell their home vs. if they should buy one. That said, I have more buyer clients than seller clients. Those buyers are simply not asking IF they SHOULD buy. The most difficult scenarios are those who need to do both at the same time, who cannot buy unless they sell, and who don’t want to put their home on the market until they know where they will go if and when it sells.

I ask three questions when someone calls or emails me asking if they should sell (now).

1) Why are you thinking about selling it?

2) When did you buy it?

3) Have you “cash out” refinanced it since you bought it, and if so, when?

When you read articles like this one, and see that Seattle Area home prices are at April 2005 levels (I agree) and peaked in May of 2007 generally (I say July 2007, but close enough), it should tell you that if you purchased during that timeframe, and even between April 2005 and present, it is highly unlikley that you will be able to sell it without bringing money to closing.

Funny…no one talks much about “bringing money to closing” these days, though it happens probably at least as often as a “short sale”. Everyone assumes “upside down” homes are “short sales”, when in fact many sellers simply walk into closing with a check the same way that buyers do. Even people who are qualified to do a “short sale”, often have to bring money to closing. Just because the home sold for less than was owed, does not automatically mean that the difference was waived permanently or temporarily. Sometimes the owner pays it in full, and sometimes the owner pays it in part.

Let’s take a somewhat ludicrous example to make that point. Say the net proceeds of the sale is $500 short from covering all expenses. Likely that $500 is going to be paid by someone, and not worth going through the “short sale” process. Another example: If someone is making their payments, has $100,000 in the bank and makes $120,000 a year and is “short” $20,000, not as likely that the lienholders are going to approve a short sale. That “seller” should be bringing $20,000 to closing. This is VERY important for agents to understand as many are listing homes as short sales simply because the amount owed is in excess of current fair market value. That is NOT the only criteria to “selling short” without bringing the needed difference to closing. If the owner can choose to stay in the home if they are not approved for a short sale, if they have the means to stay and plan to stay if they are not approved, that home should really not be on the market.

Given the knowledge we have that current prices are at April 2005 levels, give or take, let’s apply that to a specific example:

Should you sell your home if you bought it in January of 2004, and are relocating with your family to another State? Let’s say it is a 2,400 sf home in Redmond in X neighborhood, for example. I see several sales in the tax records of 2,400 sf homes in that neighborhood in the 1st quarter of 2005, all selling at approximately $530,000 which is about $100,000 more than they sold for in early 2004. Cost of sale is about 8%, so let’s call expected net proceeds after sale and possible repairs at inspection at about $90,000. Always best to round down to worst case scenario. Let’s call it $75,000, because you don’t want to put your house on market with the highest of expectations. Great if you get them, but not great if you have a vacant house on market for 6 months because you “want” $90,000 net proceeds.

If you would sell it if you could walk away with $75,000 plus your down payment back, then yes you should probably sell it. One reason you might want to rent it is if you want to “leave the door open” to possibly coming back if you don’t like your new job in that new State.

If you refinanced that same house in 2007 for $650,000, then you likely want to rent it for some period if you can, so you can take the loss as a write off by turning it into a rental property vs. a primary residence before you sell it. Check with your tax accountant before putting it on market for sale.

I can’t go through a lot of examples here in the blog post, but know that:

Why are you selling it?
When did you buy it”
Did you do a cash out refinance after you bought it?

are the three most important questions to be answered, that the person who is advising you needs to know before answering the question.

If an agent says “YES! You should sell it!” without asking these questions before answering, that probably means they just want a listing so they can get buyer calls from the sign and advertising, and use your home as “inventory” to get buyer clients. 🙂

Home Shoppers Unlikely to Obtain Estimated Good Faith Estimate

As the days wear on, we are learning more and more about HUD’s 2010 Good Faith Estimate.   Yes, we’ve had the 2010 GFE to review for quite some time and HUD has offered several updates on their RESPA FAQs…however it seems to be taking a lot of practice, trial and error and communicating with fellow mortgage professionals and HUD to try to interpret what is intended and/or allowed with this new document.

HUD’s last revision to the FAQs made it loud and clear, in my opinion, that they want the Good Faith Estimate to be a tool for rate shopping… however unless the borrower has a bona fide property an address, this may not be possible.   Why?   As it currently stands, HUD will not allow later identification of a property address to create a “changed circumstance”.   A “changed circumstance” (as defined by HUD)  is required in order for a mortgage originator to be allowed to issue a revised Good Faith Estimate…otherwise, the mortgage originator is bound by that Good Faith Estimate until it expires (10 business days if the borrower does not express an intent to proceed with the application).

Per the most recent HUD RESPA FAQs  from January 28, 2010 on page 17 regarding what qualifies for a changed circumstance:

Q&A 8ii:  If a loan originator issues a GFE without identifying a property address, the subsequent identification of the property address, in and of itself, is not considered a changed circumstance.

If a mortgage originator issues a good faith estimate without a property address, they do so at considerable risk as the later identification of a property address does not constitute a changed circumstance.     For example, a GFE was issued with the property address TBD and Block 8 = $0.   The borrower later identifies a property and Block 8 should have been $2,000, but the originator cannot issue a revised GFE and is bound to the original GFE.     Excise tax in most parts of King County is 1.78% of the sales price which would be a very bitter pill for a mortgage originator to swallow.   

As a side note, it’s still hit and miss if lenders are disclosing seller paid excise tax on their Good Faith Estimates in Washington State.   I’m hearing that some are making the mistake of not showing the owners title policy since it is also seller paid–this if flat out wrong–the owners title policy (even though it is paid by the seller) must be disclosed on the 2010 GFE.

I’m hoping for a revised FAQ soon (funny thing to hope for) where HUD may reconsider or clear this up.  If they truly want home shoppers to be able to use the Good Faith Estimate to shop for a mortgage before they’ve signed a purchase and sales agreement…they need to provide us with more clarification…and soon!

The Morality of Walking Away

This is not legal advice. For legal advice, consult an attorney not a blog.

I came across this interesting article in the Wall Street Journal, that bastion of conservatism. The article goes into some detail encouraging homeowners to just “walk away” from houses that are deeply under water (not literally, of course; rather, the owner owes much more on the property than what the property is worth). For the record, I agree 100% with the sentiment expressed by the author. Any successful business — or business person, for that matter — would not think twice about breaching a contractual obligation if fulfilling that obligation made no business sense whatsoever. In this regard, and as noted by the author, the economy is fundamentally amoral. It is high time that “regular” people take the same approach as the wealthy and Big Business.

That said, is it really a good idea? I’ve discussed the issue previously (in two parts). Here, I’ll only say that Washington is generally a non-recourse state, but that the situation is much more complicated if you have a second mortgage. Whether you decide to walk away or not, though, that decision needs to be based on what is in your (and your family’s) best financial interests. “Morality” should not factor into the equation.

Coming Soon: Pacific Northwest Housing Summit and Seattle RE Barcamp

I’m very excited about two events that will be taking place next month at the Seattle Center on March 18 and 19, 2010 for the real estate community.   Full disclosure:  I’m actually involved on the planning committees for both.  🙂

The Pacific Northwest Housing Summit is on Thursday, March 18th and consists of panelist from across the country reprensenting all aspects of the real estate industry and various levels of government.

panelist
At this time, the featured panelist include (in no particular order):

  • Lieutenant Governor Brad Owen
  • David Horn with the Federal Trade Commission
  • Ohan Antebian with Realtors Property Resource (RPR)
  • Bret Bertolin with the Washington State Economic and Revenue Forecast Council
  • Spencer Rascoff, COO of Zillow
  • Stan Sidor Chairman of the Appraisal Coalition of Washington
  • Brenda Rawlins, President of the Washington Land Title Association
  • Frank Garay and Brian Stevens from Think Big Work Small
  • Marc Savitt of the National Association of Independent Housing Professionals
  • Ken Reid of Genworth Mortgage Insurance

We are still adding panelist to the event–I’m pretty amazed at how its all coming together!   It will be interesting to hear from these folks what they see for the near future of our housing market.   The Pacific NW Housing Summit has been approved for clock hours (some pending approval).    If you pre-register, you can save ten bucks (that’s 2 or three lattes!) vs. signing up at the door on the day of the event.    Registration includes a gourmet boxed lunch from Gretchens on Thursday.

This event is brought to you by Washington Realtors and the Washington Association of Mortgage Professionals.

barcamp-logosmallRE Barcampis no stranger to Seattle.   This will be the third Seattle REBC (not counting Bellevue’s mini-REBC last year) and what I appreciate about RE Barcamps is that each one is unique and has their own personality.  I think this happens because the volunteers vary and even more so because the event is planned based on the attendees.    I’m betting that since this RE Barcamp is taking place the day after the Pacific NW Housing Summit, that we’re going to see more sessions on issues far beyond social media.   This won’t be your “typical” REBC…at least that’s not what I’m expecting.   No lunch is included on Friday–but with all the great restaurants located near by, you won’t have to travel far.   Even though REBC Seattle is free–your rsvp is greatly appreciated.

The venue for both days is going to be great.   It’s located at the Northwest Rooms at the Seattle Center with tons of parking.   The rooms are designed for conferences and will easily handle both days formats…and there will be free wi-fi!    

I look forward to seeing everyone next month!