Buyers, is your Seller a Foreign Person? The IRS and FIRPTA say you better know…

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

A few months ago I posted about the Foreign Investment in Real Property Tax Act (or FIRPTA, pronounced just like its spelled). I didn’t get nearly the response I imagined, only an exchange with Tim Kane, our own escrow contributor. The absence of responses, and the initial nature of Tim’s response, got me to wondering: Am I missing something? Surely other people must appreciate this issue if its as significant as I believe…

Well, I am here to report that IMHO I’m not missing anything. I ran the “Is FIRPTA compliance a big deal?” question by some other attorneys who routinely act as escrow agents. The universal response? “Yes! FIRPTA is a big deal.” Buyers must be aware of and insure compliance with FIRPTA, particularly because the other professionals who typically assist a buyer (the escrow company, the buyer’s real estate agent) either don’t know or apparently don’t care too much about the buyer and the exposure that results from ignoring this federal law.

Oh, and FIRPTA is getting to be bigger deal all the time. With the burst of the “housing bubble” U.S. real property has become an attractive investment to foreigners. “Investment” means that, at some point those houses will be sold; “foreigners” means that, when sold, the buyer had better withhold 10% of the sale price or the buyer may have to pay that tax bill himself. In other words, buyers, ignore — or even be ignorant of — FIRPTA at your peril.

Free Seattle Home Buyer Seminars at WaLaw Realty

This year WaLaw Realty is once again hosting several free home buyer classes (sellers welcome too!). We’ll be hosting five of ’em, each with their own unique topic (including one specifically for sellers). Our first class is February 15, where we’ll provide our humble opinions as to the current and future state of the housing market. Reservations are appreciated but not required.

You’ll have all of your questions answered, plus we’ll have pizza and beverages (both “adult” and “unleaded”) available so nobody’s stomach growls during the presentation. Oh, and you can check out our new office too. Come learn about the home buying (and selling) process, meet Marc and Craig (founders of WaLaw) and discover how you can save a ton of money when buying or selling a home. Find out why WaLaw is the smart choice for savvy buyers and sellers…

Mortgage Tech Summit is Next Week!

Last year, I had the privilege to attend and participate in the first Mortgage Tech Summit in Denver.  Next week, on February 9th and 10th, the next MTS will be taking place in Scottsdale.MTSAZ12
If you’re a real estate professional, come on out and join us…especially if you are a fellow mortgage originator.  The ticket prices are progressive, meaning that they become more expensive with every ticket purchased – right now, you can attend this two day event for just over $40! And with every ticket purchased, the price for admission increases.

Even if I was not a speaker at this event, I would gladly pay the price of admission and fly down to sunny Arizona to attend.  This is a great event! 🙂

Lenders Jacking the Cost to Extend Locks

A lock extension is what is required when a loan does not close in the time frame as arranged with the original lock. Locks are available for 30, 45 or 60 days with the longer the period of time available for the lock, the higher the cost. So if you have a 30 day lock and for what ever reason, your transaction has not closed by day 30, you’re in a situation where the lock may need to be extended.  It used to not be a huge expense if you were 1 day late past the extension, most lenders charged around 0.125% for an additional 7 days (extensions are typically offered in blocks of time, like locks).

Our government elected to pay for the Temporary Payroll Tax Cut by demanding a 0.10% fee on all new mortgages generated by Fannie or Freddie (conventional) and FHA. This roughly pencils out to an increase in rates of about 0.125% give or take.  What some banks have also done, is to increase the cost to extend loans. Some banks/lenders are calling this “temporary” and others are not.

Here’s a sample from one lender who recently increased their extension fees for a second time!

extension

For example, if you have a $300,000 loan amount, prior to the government’s “G-Fee” your extension fee would have been 0.125% of $300,000 = $375.  After February 2, 12, with this lender your cost to extend a rate for 7 days is now a whopping $1,875.

Every lender has their own extension fees. I recommend asking your originator what the cost may be should you need to extend.

Other possible options to consider, depending on where rates are should your lock be expiring, is letting a rate expire and re-locking, if your lender permits. Lenders have different policies with that as well and it’s important that you discuss this with your mortgage originator.

Undisclosed SOC Bonus? There oughta be a law…

With the new year, I resolved to talk less and do more about the “stacked deck” faced by buyers in the traditional real estate broker system. And since it’s still January…

One of the great benefits of getting my broker’s license has been getting to see how the broker system operates “behind the curtain.” While I’ve seen and learned alot, there is one “sales” tactic that is particularly odious, at least to the exten that it takes place without the buyer’s knowledge. And what is this tactic?

Image and video hosting by TinyPic

This is a clear-cut and unequivocal conflict of interest — can there be any reasonable argument to the contrary?

A conflict of interest is a fact of life, and that alone does not disqualify the broker from providing competent representation to the client. But a conflict must not be concealed from the client. Just the opposite: A conflict of interest must be disclosed, or the client is at serious risk of getting screwed. If the client knows about and agrees to this additional compensation, that’s fine. But if the buyer closes on a house that includes such an “SOC Bonus” without knowing of or consenting to it, the buyer has been done a tremendous disservice.

Needless to say, this type of SOC Bonus is relatively common and entirely consistent with MLS rules. No surprise there — the MLS was founded by “seller’s agents” because originally all brokers worked for the seller. So it should come as no shock that the system they developed seriously favors sellers. (Indeed, Ardell has noted previously that the “prime directive” of the NAR is to promote the value of property, and the only way you can do that consistently is by promoting the interests of sellers.)

So what can be done? Why, pass a law, of course! Ironically, an undisclosed SOC Bonus like this one is already arguably illegal under the current law (as a conflict of interest that must be disclosed). But I’d wager that an arguable interpretation of the existing statute doesn’t get much traction out in the real world, and the only solution is to amend the statute to specifically prohibit this practice.

Therefore, I propose an amendment to the relevant statute (RCW 18.86.080) that reads as follows:

(8) If a seller pays any compensation to a buyer’s agent or a dual agent, whether directly or indirectly, the full amount of the compensation must be disclosed to the buyer in writing before or at the time of signing an offer in the transaction.

Whaddya’ say, RCG Community — you got my back on this one?

Seattle 4/3 Cape Cod with a View

Some time ago I wrote about Seattle Starter Home Styles and we talked about the value of having bedrooms up above the main floor vs down in the basement. While that would describe most any 2-Story home, before we get to 2-Story we have the one and a half story “Starter Home” Style. This one happens to be a Cape Cod…
Lakeridge front-2

with a view.

Lakeridge 3-1

I am reminded while listing this property of The Tim’s comment of another home featured over on Seattle Bubble:

“The listing agent claims that the home’s architectural style is “Cape Cod,

Happy Chinese New Year of the Water Dragon 2012!

Chinese New Year 20122012 is the Year of the Water Dragon, quite a visual! While Chinese Dragons don’t necessarily breathe fire like European Dragons do, I still like the idea that the Dragon is in a Water Year. 🙂

My youngest daughter, Andrea, was born in the Year of the Dragon. The center is a painting she did that I thought was appropriate to the occasion.

Lots of ENERGY in The Year of the Dragon…just grab on to it’s tail and FLY!

Happy 2012!

Year of the Dragon

Elvis at the World’s Fair – 50th Anniversary

A week from today, Saturday January 14th, there will be a fun event commemorating the 50th Anniversary of “The King” at The 1962 Seattle Worlds Fair. For those who may not know, The Space Needle was built for that event. The World’s Fair that is, not Elvis coming to it. 🙂
Elvis EMP

I already have my tickets for me and Kim and my two sisters. I got mine for only $12 each via Brown Paper Tickets.com. More and ALL details HERE.

Seeing an Elvis impersonator has been on my “Bucket List” for a few years. Once I was even IN Vegas and missed it. So this is a good opportunity for me to have some fun and cross an item off my Bucket List…both at the same time.

Hope to see you there…at the 50th Anniversary Party of The World’s Fair!

The High Cost of Buying a Home & Selling a Home

Even if you are a First Time Homebuyer, you should be keenly aware of the cost of selling a home. Often people think they can just sell their home if they pick the wrong one, or if they get a new job out of town. But the cost of selling is usually many Xs the cost of buying.

It is good to be mindful of the cost of leaving…the home you are buying…before you buy one.

The Closing Costs/Expenses associated with Selling a home are fairly simple, but in $ much more costly than a Buyer’s Closing Costs. Also a buyer can pay ALL of their costs without “hard dollars” in most cases. A Seller is not afforded that “convenience”. Sometimes homebuyers call financing their closing costs “seller paid them”…but in reality the seller is not paying them…you are financing them in whole or in part, unless you are a cash buyer.

The three BIG costs for sellers are”

1) Paying off your existing mortgage(s) and other lienable utilities (Usually water sewer and trash) Not a “Closing Cost”, but likely the largest expense nonetheless. Be sure to add one month’s interest to your principal when estimating your payoffs, which you should do before you list your house to avoid surprises at closing.

2) Paying the Real Estate Agents, both your agent and the buyer’s agent, will be deducted on the seller side of the Closing Statement from the Sale Price and Net Proceeds.

3) State Excise Tax at the rate of 1.78% of the sold price.

RE Commissions & Excise Tax = the big bulk of true “costs” associated with selling a house. These on a combined basis usually range from 6% to 8% of the Sold Price depending on what services you use.

Note: The buyer determines what service and/or representation they will use when purchasing a home, and who will provide them with that representation/service. But the cost of the Buyer’s representation will still be deducted from the Seller’s Net Proceeds IN FULL, even if the cost is less than the Seller anticipated. Generally the rule is the Seller can negotiate the cost for the Seller Services, but any savings on the Buyer side commission goes to the Buyer…even though that commission shows and is deducted on the Seller side.

Other Seller Costs:

Owner’s Title Insurance – price dependent, but not a %. The Agent for the Seller usually orders Preliminary Title before listing the house. So you can get a quote. About $1,000 give or take? Depends on price of home within a few ranges of price. The cost doesn’t go up by each $ of price. Here’s a Title Cost Calculator but you have to sign in. Maybe a Title Rep will pop in the comments and give more info on that. I’m seeing a range from $850 to $1200, even though the price difference on the two houses is HUGE! So plan on $1,000 or so, and get a quote as soon as you pick a listing agent/service.

Seller’s “half” of the Escrow Fees – usually quoted as half…so don’t take the quote and half it again. About the same as Title Insurance, give or take, with the same method of calculation. DO NOT take the election for the $50 discount if YOU use the same place for Title and Escrow! You pick Title and let the BUYER choose escrow. (my soapbox…buyer should choose escrow!)

A couple of misc fees like notary or courier and what not. Throw $500 in misc and that should be more than enough.

Summary of Seller costs =
RE commissions for BOTH agents/services. Usually 4% to 6% +
Excise Tax 1.78% +
Title Insurance , Escrow Service and Misc – total $2,500 or so
…and paying off your mortgages and lienable utilities and any other liens needed to be cleared from the property. Usually there aren’t others, but there could be unrelated liens like Income Tax, or Judgments. That is why the Agent for the Seller runs Title before the home is listed, to avoid surprises at closing.

Add to that your prorated Real Estate Taxes for the time you live in the house since the last tax bill was paid. That varies depending on the month you close. Conversely you will get a credit from the buyer if you paid those taxes in advance.

HOME INSPECTION REPAIR COSTS – DO NOT list your house without setting aside an amount for the Home Inspection Negotiation. How much you should set aside differs from one house to the next, and your agent should be able to give you a rough estimate. It depends on the age of your roof, heater, hot water tank, etc. It does NOT depend on whether or not those things function well!

AGE! Age of item is now the issue…not merely it’s condition. I do not recommend that the seller do an inspection before listing the home. But that’s another topic.

In a nutshell…if a seller is selling a home for $400,000 and has NO mortgage to pay off, their total costs will be about $30,000 – $40,000! Lots of costs for the seller.

********

HOME BUYER CLOSING COSTS and EXPENSES

If you are paying cash for your house…the only real costs are:

Escrow Closing Fee plus some misc charges like Recording Fee. $1,000 give or take. You still have to or should get Insurance (fire insurance, etc)…but escrow will not be requiring that in order for you to close, and may not handle it for you if you are a cash buyer. You will HAVE Owner’s Title Insurance…but that is paid for by the seller.

The closing costs jump up from $1,000 CONSIDERABLY when you are using financing to purchase…and many if not most people are.

The largest cost for a Homebuyer, potentially, are the Lender Fees. That said, more and more people are electing to NOT have Lender Fees. That creates a “higher” rate…but when that higher rate is 3.875%…it doesn’t seem high. So negating the lender costs is more common during a period of low rates than it is during a period of higher rates. No good reason for that, as the increase to rate as a % is the same…just is what it is.

Lender Fees can be anywhere from almost nothing to 1.50% or so. So shopping for costs AND rate is a big job for the homebuyer.

I’ll let the lenders jump in the comments and explain that better. Often you will see lender costs of $4,500 and then a Lender Credit against those costs of $4,200 reducing the actual cost to $300. That is a means to the almost no lender cost solution. You still have to sign disclosures for the actual costs, even though the net impact will be much lower. Again…I’ll leave that to lenders to explain, I can only tell you that is what I see, but not the why of it.

You need Lender’s Title Insurance. The Seller paid for Owner’s Title, which is all you need if you pay cash for a house. But if you have financing you need to purchase Lender’s Title which is based on the Loan Amount vs the Purchase Price. About $1,000 give or take.

Home Inspection and Appraisal Fees ($450 or so) and other misc loan associated costs I include in “lender fees” above. Though if you don’t buy the house…you still have to pay the Appraiser. So Home Inspection Fee and Appraisal Fee of $1000 or so usually have to be paid even if you don’t end up closing, after those are completed.

NOTE: You may need MORE than “a home inspector” depending on the house. Sewer Scope by a different contractor…Structural Engineer Evaluation depending on the house…drain inspection if there are cement drain systems, which many have. I’m not going to run the gamut of extra inspections that may be needed, as this is a house to house issue. But DO KNOW that most Home Inspections do not do all of the inspections you may need for a particular home. It depends on the home.

Half the Escrow Fee…same as Seller…again what you are quoted IS half…so don’t half it again.

One Year Paid up Fire Insurance Policy = paid at closing. I am calling it Fire Insurance so you don’t get it confused with Owner’s Title Insurance. It covers more than fire, but in my experience if I don’t call it Fire Insurance, people do not totally “get” what I mean when I say Hazard Insurance or Homeowner’s Insurance. Fire Insurance everyone understands…even though that insurance covers more than damage from a fire.

Note: Cost of Homeowner’s/Hazard/Fire Insurance is whacky right now. Be sure to get a few quotes and make sure they are running your history of previous claims. People with previous claims on the homes they have owned in the past are paying through the nose lately. So don’t only go by the house itself…get a REAL quote and early. Usually right after the Home Inspection.

Recording Fees about $150 to $200 depending on how many loan instruments you are recording. Just throw in $500 for misc, same as the seller.

TOTAL ACTUAL COSTS FOR A HOME BUYER

Lender Fees+ Home Inspection and Appraisal Fees + Fire Insurance (one year paid in advance) + Lender’s Title Insurance + Escrow Closing Fee + Recording Fees + $500 misc. I can’t even give you a total number, as these vary greatly due to the Lender Fee issue. But let’s say it’s usually around $7,500 or so, depending on the Price of the Home. I’m only putting a number so you know it’s not a few bucks, and something you need to prepare for with your Agent before you make an offer.

Notice I said prepare for with your AGENT and not your LENDER! I know it is customary around these parts for The Lender to “do that”. But why? Really? The biggest buyer side closing cost on the HUD 1 to evaluate is the Lender’s Fees. Your agent needs to help you with that…not your lender, because you need to do that BEFORE choosing a lender, and as part of the basis for choosing a lender.

A note about Real Estate Commissions…it’s a tough issue on the buyer side because it was already negotiated with the seller and often not discussed with the buyer. MAKE your agent talk to you about what they will being paid to represent you. You must have that talk…and often you need to initiate that discussion.

CLUE: “The seller pays it” is NOT the answer to How much is your agent charging for the service to YOU. “I don’t know yet” could be the answer to the question, as what the seller is offering to pay your agent varies from one house to the next. You and YOUR agent should determine the cost…and then later compare that to what the seller is offering, so you can “settle up” if there is a difference.

FREE is NOT the answer…in fact if the agent says FREE…go find another agent and fast.

That is usually done via an Agent Credit toward closing costs and absolutely needs to be addressed at time of Offer, to avoid your losing any “excess” credits to the Agent or to the Seller of the home.

No one wants to hear that the answer to Total Buyer’s Closing Costs is “it varies greatly” depending on which agent…which lender, etc. So here are some real numbers.

On a $250,000 VA purchase, $11,500 dollars reduced to zero paid…Up Front VA funding fee financed and the balance of about $6,000 paid with seller and Agent Credits. The Seller credit is the buyer financing it. The Agent Credit = a “true” reduction of cost…kind of. 🙂

On a $400,000 house purchase with Conventional Loan $9,000 with low Lender Fees.

OK…time to talk about why that one is $9,000…as a $400,000 home with low lender fees should not COST $9,000.

PREPAIDS! Prepaids vary a LOT depending on when you close. This time of year the amount you have to pay to your lender in Real Estate Tax Impounds is HUGE because the taxes are due in April and if you close in Jan your first mortgage payment is not until March. So they have to pay 6 months of Taxes in April and will only have one payment from you to do that with. So they will collect 5 or 6 months of RE taxes from you at closing…even though they are not due until April. They may pay them in March for an early payment discount. Not sure. But the impounds for RE Taxes can be a Big Chunk of Change, for sure.

You pay your one year policy for Fire Insurance up front. You are “Pre-paying” that. The cost of that is going up, from what I can see. YOUR insurance can vary greatly from your friend’s and neighbors based on previous claims, how much jewelry or expensive artwork or very expensive furniture you have in your home. Even the value of your cars, as some mishaps that damage your car are covered, like a tree falling on it or your roof shingles blowing down on your car and scratching the paint.

OK…enough talk about costs. The Seller’s costs are many times more than the Buyer’s costs, and there are many ways to reduce the costs from the “max”.

My best advice…Do not DECIDE to buy or sell a home…until you get a real estimate of your costs to do so, in advance. You may just decide the cost isn’t worth it. 🙂