Trying to Force the Seller’s Hand

[photopress:hand.jpg,thumb,alignright] If you are playing the game of “trying to force the seller’s hand”, you have to know how to play it right. It is not easy to force a seller to…anything. Regardless of who is right and who is wrong, if you can say there is a right and wrong to the situation, reality is what it is. If you want the house, and you are not the only one who wants the house, you have to stay “in PLAY”.

Two buyers have been “circling the wagon” for weeks. Offers have been presented to the seller, counters have gone back to the buyers. Back and forth, back and forth. Buyer Agent saying, “Did the seller look at the comps I gave you showing why the seller should?” “Well of course the seller has to fix this and fix that, remove this and add that”. Meanwhile the seller is just going about their business, day in and day out, waiting for the buyers to agree to their price and conditions.

Then along comes buyer number three. Buyer number one and buyer number two, who have had offers back and forth, know what the seller wants. So it seems only fair to tell buyer number three what the seller wants. Meanwhile buyer number two wants to submit an offer again, third time, for something less than they know the seller wants. I say, well you have two choices. You can bring an offer meeting the seller’s counter to you of a couple of weeks ago and beat buyer number three to the punch, OR you can hang back and wait to see what buyer number three does.

Buyer number two’s agent doesn’t want to bring an offer matching what the seller wants NOR wait until buyer number three makes their move on Saturday, so she brings an offer that she knows is LESS than what the seller wants and Tries To Force the Seller’s Hand”, by giving a very short response time. Bad move. You bring the seller an unacceptable offer and put a response time that is hours before buyer number three is scheduled to see the house. What happens. By trying to force the seller’s hand and make him respond before buyer number three sees the house, you are left out in the cold. Your offer is expired before the seller is going to respond. Buyer number three’s offer is accepted and your offer is a non-offer, because it expired before the seller was willing to look at it.

If you tell the seller they only have x amount of time to respond, and that timeframe does not match the seller’s schedule for some reason, your offer becomes invalid. Agent says “You COULD HAVE countered and just changed the date…” But why? Why would the seller risk countering an expired offer, when they have an acceptable and valid offer on the table? (agent’s answer is because she has worked long and hard and deserves…anytime the agent’s answer includes the agent in the picture…wrong answer – wrong thinking.)

If you are trying to force the seller’s hand by giving him a short wick, and putting a response time that is less than acceptable, you have to revise your offer and extend that date the second your response time passes. You have to keep your offer “in play”. By trying to force the seller’s hand…you can put yourself out of the game altogether, if you do not keep your dates running forward by submitting a new response time.

Buyers often think that the seller MUST respond, MUST counter. Not the case. No answer IS an answer. If you have no answer by the time your offer time expires…you have your answer. The answer is NO…try again.

When I was a teenager, my parents often didn’t want me to go to parties. So when I asked to go to a party, I didn’t demand an answer on the spot. I made my case for why I thought they should say yes, and then I left the room to give them time to talk it over and think about it. The fast answer was often no…I went to lots of parties 🙂

When you give the seller what he wants, you can try to demand a quick response. When you want the house for less than acceptable terms, you have to be willing to hang back, and you have to be willing to lose it, if the seller doesn’t meet your terms. You can’t bang your fist on the table and demand that you get the house for less. Presenting an unacceptable offer, and demanding a quick response, is like a kid throwing a tantrum…rarely works out for the best. And almost never works out for the best, when you know there are other interested buyers.

Time to get into 1st backup position.

The Best Online Real Estate Marketing Time Can Buy

Jim over at the Real Estate Tomato has an interesting post about the type of content that real estate agents should produce on their blog. The question of content really boils down to how to do the best possible search engine optimization (SEO). So, here are my two cents…

The type of content you write about is almost irrelevant.

Really! I’ll repeat that…

The type of content you write about is almost irrelevant.

There is no “perfect” content or “magic bullet” that will get you to the top of the search engines and thrust you to internet lead nirvana.

Here’s the reality: It is far more important to be interesting in a real estate kinda way (hence the “almost”) than to worry about creating the “right” content.

I sincerely doubt that Hanin Levin set out to be the #1 result on any search for real estate information in Laguna Niguel. He got there because Google has a lot of trust for his site with regards to real estate and at one point he happen to mention Laguna Niguel in one of his blog posts. This is the the long tail in action, which also helps explains why Rain City Guide shows up #2 on that list.

Why does Google have a lot of trust around Hanan’s site with regards to real estate?
Because a lot of real estate sites (mainly bloggers) have linked to him. That back-and-forth of linking between related sites blows away all other factors.

Why do other real estate bloggers link to him?
Because he is interesting!

Maybe after you’ve created a real estate blog that does well in Google, you’ll decide that you’re missing a few keywords, but more likely your readers will do that for you. An recent example occurred when a reader pointed out that we didn’t have any good houseboat information. A simple post three days ago on houseboat financing has already put Rain City Guide at the top of a useful Google search.

[photopress:williams_at_christmas.jpg,thumb,alignright]The important thing to remember is the “perfect” content will only work if others are linking to you and the content is good enough to keep readers coming back for more. My guess is that people begin searching the internet for real estate information months before they are ready to talk with an agent. As an agent, you want to write content that will keep them coming back long after they’ve forgotten about their initial google search!

You could try to be interesting like Lockhart with lots of NYC real estate gossip, like Hanan by posting fascinating links on a daily basis, or like Joel by being on top of real estate technology, but more likely, you’re going to need to write about something that hits a little closer to your interests. Blogging done right is similar to all other human endeavors done right… Success will be a reflection of your personality.

Finally, Jim, it would be wrong to write this whole article without giving you the link you’ve earned by being interesting… So, here’s my link to a great marketing article from the juiciest real estate tomato in northern california! 🙂

A Rock’n Home

[photopress:sleepless_in_seattle.jpg,thumb,alignright]Just received this in my inbox and I’m clueless as to the answer.

I’ve searched through your site but I’m wondering if you have any advice on buying a houseboat in Seattle.

I’m looking to spend up to $220K plus moorage, but I know very little about how I finance these. I hear it’s complicated and requires a larger down payment.

Any advice?

Any Rain City Guide contributors and/or readers with Houseboat experience?

My Friend, Bob

[photopress:bob.jpg,thumb,alignright]Many, many years ago, my friend Bob was spilling his guts to me in a long conversation about him and “The Firm”. He was at the crossroads of life that many businesses face. Bob joined Obermayer, Rebmann, Maxwell & Hippel, a major lawfirm in the City of Philadelphia, in 1970, just two years before I was hired at Girard Bank, another Philadelphia mainstay.

I don’t know why I remember this conversation as vividly as if it were yesterday. Bob said, Ardell, we’re at that place. We have a great team of attorneys who all know each other and mesh well. We have a huge base of repeat clients that feel like old friends and who trust and respect us, and whom we enjoy serving. Now we have to decide whether to GET BIG or stay small.

Every time I am on the other side of a transaction with a “Top Agent”, I think of Bob and that conversation we had some 25 years ago. When I see an agent’s name on the bottom of a Purchase and Sale Agreement, when an offer comes in, but never meet that agent. All communications come through a licensed real estate assistant who just faxes papers back and forth and never meets either the buyer or the seller. The agent, who has the authority and responsibility to assist the clients in some major decisions, delegates everything to an assistant who makes “weekly calls to the client” in some pretense of “keeping in touch” on some designated every other day schedule. “Hi, just calling to let you know we are alive and well even though you never see us.”

Today, Bob is the Managing Partner of the Philadelphia office, and Obermayer, Rebmann, Maxwell and Hippel has offices in Philadelphia, Harrisburg, Pittsburgh, Cherry Hill and Wilmington…three states. Bob’s still Bob, Robert I. Whitelaw, the managing partner. When I last saw him he had fallen off his bike and was nursing a sore arm. We’re both a little older and wiser, and I often wonder if he had a chance to go back to that day, when we were laying back shooting the breeze, if he would make the same choice to go big, or would opt to stay small.

Every agent faces that crossroads sometime in their career. Do they hire two assistants and a marketing manager and five “Showing Agents” and a Transaction Coordinator? Do they go to that point where when one of their clients comes in the door, and “the agent” passes them in the hall without noticing, because they’ve hardly ever interacted with them after the first day when they met and were passed off to the “showing agent” and then the “transaction coordinator”. Do they go to that point where they don’t remember more than half of the homes they have sold or any of the people who hired them to sell it?

Bob, or course, opted for big. But I knew when we were talking that he really didn’t want to do that, and felt he had to for the sake of “The Firm”. Aside from hiring a “free lance” assistant during heavy times, and occasionally pulling in a “showing agent” when circumstances put me in a position of having too much to do on a given day, I’ve pretty much put a cap on how many people I will “take on” all at once.

I know I can do a bang up job if I handle 24-36 clients in a year’s time. I will remember their faces, and their spouses and their children and their home that I helped them to acquire. When Travis called me “back” when I was in L.A. to sell the place I had sold to him, I remembered every single aspect of the time we had spent together over two years before. Travis didn’t hesitate to wait for me to return to Seattle from L.A. He didn’t call any other agents, just me. We spent hours together getting the place ready and reconnected. We hugged, we strategized, we painted and primped. We reviewed offers and talked and kicked back and had a glass of wine.

And so today I think of Bob, and his reluctant choice to get big and not stay small. I’m very, very happy today that I chose to know all of my clients, and be with them through every tiny aspect of the process. But “What About, Bob?” and his choice…I’ll have to give him a call…I still miss him after all these years.

The MLS and Creative Sales

It’s amazing the stories I hear about the self-policing that occurs on the MLS (some of it seems more like snitching, in my opinion). One of the big no-no’s is listing any reference to an open house in a listing’s marketing remarks. The reason for this rule seems clear enough; with so many of the big guys subscribing to feeds of all the listings, the MLS doesn’t want to bite the hand that feeds it. The Windermeres and John L Scott’s don’t want prospective clients to go to open houses on their own, they want their agents to represent these prospects.

On the more creative side, an agent I know had her hand slapped after she tried to emulate an auction situation, using her MLS listing to attract buyers. She is also an investor, having bought the home in question on a lease-option. The previous owner did a beautiful rehab job, but ran out of money and needed out fast. She stepped in, leasing the place (the lease payment covering holding costs for the owner), with a year option to buy for what was owed by the seller. She also took a chance and put another $15K into the home to finish it out (a risk since she didn’t own the home). With her large equity position given the market value of the home, she decided to test the waters, and create a situation that would attract more offers.

First, she offered a buyer’s agent commission of 4%. Then, in her creativity, she made her first mistake. In the agent-only remarks, she explained that the 4% would be added to the highest bid price. This was also clearly stated in the auction rules posted at the property during the open houses, available to all potential buyers. Her thinking was to put walk-in buyers on the same footing as buyers with agents (there were two open houses over the course of a weekend, then bids were accepted – no time for lockbox enabled agent visits), thereby creating an apples-to-apples comparison when reviewing competing offers. In other words, the final bid price would be the net (of commission) price. If a buyer with an agent offered the highest bid at (for example) $100,000, then price would be grossed up to $104,000, with the investor/agent/seller paying out the $4000 commission to the agent at closing. If a walk-in buyer offered the highest bid, then no commission is necessary (since she is the owner of the house, there’s no need to pay herself a commission…she’s getting all the profits anyhow). I can understand why she got in trouble for this. The MLS is for agents, not joe consumer. Agents would naturally prefer that the buyer’s agent commission is included in the final cost of the property. With this gross-up method, savvy buyers (even dumb buyers) would realize that they would have saved $4000 had they gone directly to the open house without an agent.

The other creative step she took was to include the word ‘auction’ in the agent remarks. She listed the home at her acquisition cost, knowing that it’s true market value would grab the attention of agents. Her objective was not to deceive, thus the reference to an auction (all bids would be reviewed at the end of the second open house).

However, on both counts, other agents snitched her out. I think each of her creative marketing ideas went against the traditional thinking of the industry.

In trying to offer a grossed up commission (and super-sized at that!), she was bringing the bright light of transparency to the transaction. Though her intent was not to ‘out’ agents who don’t discuss compensation with their clients, this is clearly the first thing many agents thought about. The agents would publicly claim that ‘it isn’t fair’ to raise the price 4% after a final bid has been made. On the contrary, as long as the this is known from the beginning, there should be no problem. If buyer’s agents openly discussed compensation with their clients, then clients would have a better chance of understanding that grossing up the offer to capture commission is not a big deal.

As for trying to market an auction, I think agents didn’t understand what the investor/agent/seller was trying to accomplish, or they were thinking of a Sotheby’s style of auction, which would be uncomfortable for agents and buyers alike. In either case, it was just strange enough to be deemed out of place on the MLS.

I’m guessing that some agents reading this are thinking, “yeah, this seller/agent should burn in hell for what she tried”. However, being an investor myself, I applaud her creative approach to trying to maximize the price she can fetch for her property, and for trying to structure the commission so that agent represented buyers and walk-ins are treated equally.

I FEEL LIKE A DOG!!

[photopress:collie.gif,thumb,alignright]I feel like a dog this week. Four times this week I went into people’s homes to tell them what they needed to do to get top dollar for their home. The last two times I turned people’s homes upside down and sold them quickly for top dollar, I had no problem at all. I told them to give me the key to their home. Told them to go to work. And when they came home they were amazed at the difference and were happy, happy, happy!

But this week…I had four experiences that just make me feel like a dog!

Generally, when I stage an occupied home before putting it on the market, there is little to no cost at all. So I have no “bad news” that hurts them financially. I often do most of the work myself as part of the commission, so there’s no added expense and people are happy. So why was this week so different?

Mainly it was because of the people. The last two times the owners really wanted to move. This week, everyone who was selling “needed” to sell and “needed” to move, for reasons beyond their control. When someone really wants to move, they have no trouble when I move their stuff around. This week, as I pulled things off of the wall that people bought from “home interiors” back in 1983, and stacked all the chatchkis in a big pile, I could feel the pain of the memories coming down with the chatckis.

Tonight it was Roosters. Roosters, roosters everywhere I turned. Two days ago it was 3D Cherubs peeking at me from every wall, most of them with gold filigree hanging from their chinny, chin chins. The toughest one of all was a dear friend of mine, a guy, and I swear he had tears in his eyes when I told him the “schocking blue” walls had to go!! He had just painted it that color to get it ready for market.

This is why most times I just have to go in and take it all down myself. I have an “eye” for getting the home just right and I’m not attached to the chatchkis like they are. It hurts them when they come down, but they don’t put them back up after I take them down and it hurts them more if they take them down themselves. It hurts them much less if they just leave and let me do it, and they come home to the “new look”.

“Detaching” from the home is a very big part of of the home selling process. The closer they are to detaching from the home, by the time they get an offer, the more likely they will get a higher price and handle the negotiating with less emotional charge.

I would never put someone through this if it didn’t make them more money. And sometimes I think I feel worse than they do when I’m done. And I know I’m not doing them any favors if I allow them to “leave money on the table” by “being nice”, and letting the house go “live” into the mls, before it is ready to be shown.

Representing “people” rarely means telling them what they want to hear, or stroking their egos. Most often it means having the guts to tell them what they need to hear, and rolling up my sleeves and just doing, what they can’t bring themselves to do.

I know in my heart that I’m doing the right thing, and helping them get the most money they can for their home. But I still feel like a dog.

Back to Basics

[photopress:BubbleBurst.jpg,thumb,alignright]Yes, you can prevent the bubble from bursting. Yes, you can prevent home prices from tumbling. The market takes a hit when sellers refuse to see the handwriting on the wall, and are too arrogant and complacent to compensate for market weaknesses.

The Seattle area is almost entirely unigue in its ability to sustain home values. But gone are the days when you can ignore the homes’ weaknesses. Gone are the days when you can put anything on market, in any crappy condition, and have people pouncing on it, regardless of look and smell and overall condition.

You can still get a better price than the comps. But you have to pay very close attention to showing your “product” in its best possible light. You can’t waste your Grand Opening by saying, I’ll lower the price IF it doesn’t sell. You can’t say “I’ll make it look better IF someone doesn’t buy it”. “You never get a second chance to make a first impression, was never truer than it is right now.”

Do not let anyone in your house until it is absolutely READY! Do not hit that button that sends you LIVE into the MLS, while you are still getting the house ready for market. Don’t push your price over the comps, unless you know you are at least as good or better than those comps.

The market tumbles when people are lazy and greedy. When they want to price it higher than any property that has ever sold before, and want to do nothing to make it look its best.

This is one of those “Forewarned is Forearmed” messages, because I am seeing things sitting on market because sellers are digging in their heels and saying I want more money and I want to do nothing to get that more money. Nothing will send the market tumbling faster that a lot of signs out there on stale listing.

If you have had your property on market for more than 45 days and it is not sold…wake up and smell the coffee and make some changes, before the volume of properties not selling sends the market into a tumble. Be reasonable, and make changes as needed. If the market tells you “We’re not buying it” in 30 to 45 days…do something about it. Don’t say “I’m not in a hurry to sell”. You don’t have to be “in a hurry” to notice that no one is making an offer, because your house is not in tip top shape, and so won’t sell at this price.

Don’t just lower the price until it sells. Take it off market, get it looking its best, and then bring it back. When you don’t make your house look its best, you drive down prices, and that hurts your neighbors. Be a good neighbor and sell your house at top dollar by doing anything and everything you can to make it show in its best light.

Doing Whatever It Takes

[photopress:woman.jpg,thumb,alignright]I have to admit that it felt a little odd, even to me, for us to be personally painting the kitchen of my newest listing. We, the owner and I, were getting his place ready to go on market. He had his hands full with his own projects that needed to be done before we entered the listing in the mls. The color scheme of the condo was already transcendental. I wanted the kitchen to be a light color, because darker colors minimize space, and the kitchen in an 827 square foot condo is not something you want to minimize.

In my own house, I like to “repeat” a color by adding different amounts of a “smashing” color in one space , to white paint for tone on tone effects. And given this kitchen had a “pass through” to the dining room/living room “flexible” space, I wanted the kitchen to be “a glow” of the color in the eating area. Given there is not much wall space in the kitchen, I decided it would be easier and faster if I just did it myself, rather than try to explain how to mix the color to the right degree of “glow”.

I was thinking of “anonymous Joe” when I was making the bed yesterday before the first showings. It was “kind of” made already 🙂 I went around changing lightbulbs from 60 watt to 100 watt in the entry and hall, scrubbing the grout in the tile floor of the entry and kitchen, taking the “mauve” colored towel the owner had used that morning off the towel bar and ditching it in his hamper, because the mauve towel he had used was clashing badly with the citrus colored wall behind it. Turned his hand towel, the one I had picked out as “the right color” (but he wasn’t supposed to USE!) around so the tag wasn’t showing. Several other truly “anal” things, standing in the doorway of every single space from every single angle, and tweaking until I was “satisfied”.

This morning I was thinking of Russ’ before the fact contract, with a long list of “services and metrics” that all agents will provide to all. Some list of generic things that people think provide value, when really every single person needs “Whatever it takes”, and whatever it takes changes from individual to individual, be they buyer clients or seller clients. In 16 years I’ve never had to paint someone’s kitchen before, and frankly hope I never have to again. But at this time, for this client, that’s what needed to be done. The poor owner was wasted! It was hot, he had been working on “his stuff” until he was ready to slash his wrists, and I just rolled up my sleeves and chipped in from morning until night until we were done. Sometimes doing it with them, helps keep them going and sometimes my crawling around in every space helps me find things that need to be fixed, that the owner truly just never noticed. The more I do, the more I can head the home inspector off at the pass, so the seller knows his true net proceeds better, after repairs, before I hit the button sending him “live” into the MLS.

I never sat in his house with a little marketing flip chart. I never provided some big list of “services and metrics”. I didn’t even have a written contract saying I would be paid, while putting in twenty to thirty hours helping him get the place ready. When he said half jokingly after all the work was done, “maybe I should stay here”, I took his hand and looked him in the eye and said, “Seriously, if that is what you want to do, if you decide not to sell it after all, that’s OK. Don’t feel like you have to sell it now, just because we worked so hard getting it ready. You do whatever makes you happy.

I remember training a few new agents and making a little bag for each of them to put in their trunk with windex and paper towel and toilet cleaner and brushes (for the vacant house toilet rings). I remember a new agent who “got in it for the money” refusing to touch the bag and saying “I don’t want that in the trunk of my car!”. I remember him refusing to go measure the unfinished basement size, because he saw a cobweb and he had his “good suit” on. No, he’s not in the business anymore…actually he never did sell a house and yes, I did fire him and he went to a local big firm before he quit altogether.

Real estate is a business like none other, and their truly IS a reason why “we make the big bucks”. There’s a lot of reasons why we make the “big bucks”. But most importantly it’s because we do “Whatever It Takes” to sell the house “For the HIGHEST Price, In the Least Amount of Time and with the Least Inconvenience to the Seller”. This owner should have an offer within 3-5 days of “going live”, at the highest price achieveable, and be able to go back to watching his TV (which I have moved 🙂 from his living room to his bedroom). To do this job right, we can’t have that House Values goal of having 20 to 30 more “leads” this month!

We can’t, as an industry, keep doing less and less for more and more. And frankly, Joe and other consumers cannot keep hounding me about exactly what I am going to do, before I meet them and see “their product”. Because clearly there are different prices because of the different amounts of effort needed to sell their home at the highest price, in the least amount of time and with the least inconvenience to them (short showing period).

Those who want to trade in one “price fits all” for a lower “price fits all”, well…I thought you wanted a “fair price” for the job at hand and an end to the price being “fixed” at “6%”. If all you want to do is trade in one price fits all for a lower price fits all, with the guy who needs more service STILL getting paid by the guy who needs less service….I truly hope that’s not the case.

Let’s let each client pay for their individual service, some higher and some lower and always a fair price for the service required to achieve the goal. I truly hope THAT change is the one coming down the pike. Let’s end “price fixing” period. Not just trade in one fixed price for a different fixed price.

Because if it’s just about a tug of war on which fixed price to use…then I’ll have to move over to the other side of that rope. Please tell me it ain’t so.

Once in a Blue Moon

[photopress:blue_moon.jpg,thumb,alignright]Once on a Blue Moon, I need to insist that a buyer, if I am going to work with them, sign a buyer agency agreement.

1) When assisting them in their home search requires that I go inside every property to ascertain if the property has what they need.

Example: must have first floor bedroom that is NOT the master bedroom, but is large enough for two people to be comfortable and have it’s own bath and be on the same floor as the washer and dryer. This is a common request for multigeneraltional families whose parents live with them and do their wash 🙂 I can’t tell all of this from mls data and have to preview lots of homes quickly and all new on market homes to make sure the first floor bedroom is not tiny and to make sure it is in reasonable proximity to the washer and dryer.

2) When I am asked to find property that is not for sale.

Example: Must live on the SE corner of the Newmark Blding on any floor higher than the 12th floor. When someone wants something that is so very specific that it requires that I contact all owners of those properties. Waiting for this to come on market is not in the best interest of the buyer, unless they are willing to wait five years to buy something (which sometimes is the case, and that’s OK). If they won’t buy anything else until they realize they can’t have what they really want, and they need a place within 6 months, then I have to contact every owner of that “commodity” and ascertain if it is a dead end and no one is thinking of moving this year. P.S. I rarely negotiate a lower commission for this type of home search. I need a written Buyer Agency contract to establish for the seller’s benefit, that I do NOT work for them, but the buyer, and so need a written contract saying that.

There are a few other examples, but I think you get the picture.

A very wise Broker once told me that once you have the meeting of the minds with a client that the relationship is exclusive…you don’t need a written contract. So as soon as someone is WILLING to sign one, you simply shake hands and acknowledge the meeting of the minds and don’t insult the client by requiring a contract.

Until there is a meeting of the minds, the contract is inappropriate, since a contract is putting on paper that meeting of the minds.

So either way, I do not need a written contract by and large, with some exceptions.

My$.02…YMMV