Tag Archives: agent

Faster than fast, Quicker than quick, Ka-chow!

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While spending quality time w/ the Cars addict in my family (the 3 year old who says “I wanna see the race car movie Daddy”) got me thinking about something that moves faster than Lightning McQueen, the relentless march of high technology.

A couple weeks ago, Real Central VA, had a link to an interesting NAR Center for REALTOR Technology survey on what agents/brokers plan to spend on technology.

Some of the more interesting findings were

  • 95% of agents use digital cameras
  • 90% of them use cell phones
  • 77% of them use PCs
  • 71% have web business sites
  • 60% of agents have IDX search features on their web site
  • Sites with IDX listings generate more leads than sites without listings.
  • 30% of agents spent more than $2000 on technology in 2005
  • Less than 15% of those participating in lead generation programs are satisfied with the results.
  • 67% of agents want their broker to expand their technology offerings.
  • 84% of agents want the MLS to expand the technology and service offered.
  • Most internet leads come from broker web sites or agent web sites
  • Realtor.com was the 3rd largest source of internet leads
  • The Internet is the third most important source of leads (after referrals and repeat business), it is surprising that the majority of agents spent less than $500 to build or maintain their website, and that a super majority of brokers (67%) spent less than $1,000.

The net take away for me was that agents and brokers have an appetite for technology second only to MindCamp attendees, and yet the vast majority of them probably spend more money at Starbucks in given year than they do on their web sites! Given the importance of internet leads, the effectiveness of broker / agent web sites in capturing them, the disappointing effectiveness of lead generation problems, and appetite for more technology it seems to me that the industry on a whole is seriously under investing in technology. There are exceptions of course, but it seems that real estate tech spending is going to have to trend up. Otherwise the tech leaders around here, both inside & outside the industry (RedFin, John L Scott, CB Bain, Zillow, Trulia, etc) will increasingly make real estate professionals look like real estate amateurs.

So where are your tech dollars going in the next year? How much do you plan on spending? How will technology change how and where you use your marketing budgets? More Zillow, Craigslist, and Google ads, and less paper-based ones?

Escrow agents and how they protect themselves

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When you choose an escrow company (or “closing agent,” the person who does the work necessary to close the transaction), you look for several qualities: competence, service, location, etc. One factor you probably don’t consider is whether the escrow company is willing to be responsible for its own significant errors.

When escrow is opened, the closing agent sends both buyers and sellers a copy of its standard escrow instructions. These instructions supplement the purchase and sale agreement and instruct the agent as to how the transaction should be closed. There appear to be only a handful of templates used by the many different escrow companies, as it is very common to see the same set of instructions regardless of the escrow company. In the vast majority of those instructions (perhaps 85-90%), there is a little-noticed sentence, typically in the “Disputes” paragraph: “The parties jointly and severally agree to pay the closing agent’s costs, expenses and reasonable attorney’s fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person.” The exact language of this sentence may vary somewhat, but the gist is the same: if anyone sues the closing agent for any reason, buyer and seller will be responsible for the closing agent’s attorney’s fees and costs.

The effect of this language is to insulate the escrow company from any liability that arises out of the closing agent’s negligence. Say, for example, the closing agent neglects to pay off an existing lien on the home. When buyer takes title, the buyer will now have to deal with this lien that was incurred by the seller. A reasonably prudent closing agent would have insured that all liens were satisfied at closing, and the agent’s failure to do so probably constitutes negligence. Under normal circumstances, the agent (and escrow company) would be liable to the buyer for the harm caused by this negligence. However, if the instructions contained the above language, the agent almost certainly will avoid liability. Why? Because if buyer were to file suit against escrow in this situation, buyer would be responsible for paying escrow’s attorney’s fees and costs in the lawsuit. As anyone who has used an attorney to defend them in litigation knows, attorney’s fees can be very, very expensive. Thus, the above language is an incredibly strong disincentive to seeking compensation from escrow, even in those instances where escrow’s negligence causes harm. I believe this is simply not fair to the buyer and seller.

In my experience, most (but not all) escrow companies are willing to modify the above language so that it does not effectively bar a suit against escrow based on escrow’s negligence. It’s certainly an issue you may want to address when deciding which escrow to use in your transaction. Needless to say, an attorney can quickly negotiate a change in these instructions on your behalf. [This post does not constitute legal advice. Consult a lawyer regarding your particular situation.]

Does It Really Matter….?

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Ardell’s recent post on FSBOs was courageous as you won’t see many agents talk about how one might sell a property without listing it. While it may be a bit counter intuitive to some agents, one reading the post should come away feeling that Ardell (and others like her) are not in the business of providing self-serving advice.

In her post, Ardell said, “[T]here are several companies that offer this service, and while it is true that some agents may boycott you and not show your house, if you have one of those houses that will “sell itself

Real Estate 101 – Improving on "the basics"

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[photopress:h.jpg,thumb,alignright]For the last few weeks I’ve set aside Friday mornings to get together with a small group of agents to talk about their Real Estate Business. Not everyone will succeed by the same means, and there are as many different ways to approach this business, as there are people in it. This is the time of year to take a step back and re-evaluate what you have been doing, and take the necessary steps to fix what is broken. This applies not only to each and every individual real estate agent, but companies as well. The times have changed…time to change with them without “throwing away the baby with the bathwater”. I’m going to go back and attempt to improve on the basics. For those who never learned “the basics”, you may find this helpful. For those who know the basics, let’s try to move a step forward together.

Basics: Year one = 12 “things”. I am going to change some traditional principles here, with regard to “things” to expand them from 3 to 4, and to eliminate the word “listing” from our vocabulary. I would like to elevate “having a listing” to “having a seller client” if and when possible, to remind us that we represent people who sell property. We are going to evenly weight representing a seller client and representing a buyer client, breaking from tradition here. An idea whose “time has come”, don’t ya think?

Most offices in the past had a big chalk or white board with three columns titled “Listing”, Listing Sold” and “Buyer Controlled Sale” or similar language. Given the changes in our industry since 1989, every company should change that system, to the one I recommend here. Every office should create a “Virtual Board” on an agent only, password-access website. The “board” should have four columns marked, Property for Sale, Property Needed, Property Sold and Property Found.

Column 1) A seller hires you to represent him in the sale of his property. You put “123 Peachykeen St.” on the board in the “Property For Sale” column. That is a “thing”.

Column 2) You meet a buyer at 123 Peachykeen St, but they don’t like it. You decide to help them find a property to buy, and they agree to hire you. You put “Mr. and Mrs. notPeachykeenSt” on the board in the “Property Needed” column. That is a “thing”.

Column 3) Joe Agent from another company faxes you an offer on 123 Peachykeen St and your seller client accepts that offer”. You put “123 Peachkeen St” on the board in the “Property Sold” column. That is a “thing”.

Column 4) Mr. and Mrs. “not PeachkeenSt” submit an offer on a property and that offer is accepted by the seller. You put “Mr. and Mrs. notPeachykeenSt – 123 SomewhereElse St” on the board under “Property Found”. That is “a thing”.

It is very important for agents to track “things” and not just sales. Columns 3 and 4 are sales. Columns 1 and 2 are the actions that create the sales. In a balanced or buyer’s market, every item in column 1 should produce 1 sale in column 3 and 2 sales in column 4. Given most of the Country is coming out of a hot seller’s market, it is a good time to review the basics, and go back to when property was on market long enough to produce 3 sales from every property for sale.

A new agent should have 12 “things” by year end. A second year agent should double their sales from the first year, and reduce the number of “things” in Column 1 and Column 2, that did not result in a sale. When an agent reaches 36 “sides”, by doubling their sales each year, they reach a crossroads, but that’s another article.

For now, the goal of every agent is to get to 24 to 36 sides per year. A side is representing the buyer OR the seller in a real estate transaction. The goal is to have 12 properties to sell each year, and sell them. From those 12 properties, you should be able to assist 24 buyers in finding a home to purchase. 36 “sides” equals 12 Properties Sold and 24 Properties Found. The number of sides between 12 and 36 is somewhat affected by the price range you are selling. If your average sale price is $200,000, then you will need more sides than someone whose average sale price is $600,000.

Now everyone get out your “boards” from last year. Examine Columns 1 and 2 very closely and be very honest in answering where you may have failed in assisting your buyer and seller clients in achieving their objective last year. Not what “they” did, but what “you” did not do for them.

Look at Colums 3 and 4 and examine what you did right in those scenarios. Contrary to popular belief this is NOT a “numbers game”. Every property you do not sell equals a failure for you seller client. Every person whom you did not find a property for, is a failure for your buyer client.

It’s is now time to do your 2007 Business Plan. Some of you will need to hone up on your skills, to get more of Column 1 down to Column 3, by converting more of your Properties for Sale to Properties Sold. Some of you will need to hone up on getting more of Column 2 down to Column 4, by honing up on your skills of finding the right properties for the right people. Others may need to make better choices with regard to columns 1 and 2, or reduce the costs of attaining them.

Focus on the clients and not just the numbers. Why couldn’t you sell 123 PeachykeenSt? What did YOU do wrong, not what did the seller do wrong. Why couldn’t you find a property for Mr. and Mrs. notPeachkeenSt? What did YOU do wrong, not what did they do TO you. If you think your clients failed…you will not be able to implement an effective business plan for 2007. Once you accept the responsibility for all of your business and non-business in the prior year, you will improve on your business and business plans in every year out into the future.

If you DID achieve the goal of 36 sides, but don’t feel you made enough money, then your problem is in either in the cost area and not the client area, OR you need to elevate your price range.

Questions? Feel free to ask away.

Woohoo!! Merv's got it DOWN!!

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[photopress:sc.jpg,thumb,alignright]At first glance it might appear that Greg Swan and I are like-minded when it comes to commission issues. but not so. Greg and I do agree that the buyer should not be led around thinking they are getting a free ride compliments of the seller, and we are both part of a growing minority in that regard. We do in many ways lead the cause of buyers controlling their side of the fence, though sometimes Greg goes a little over the net on that one.

But Merv has got it DOWN!!! Agents like Merv and I are running the test cases that will prove to be the real answer to all of this. No One Size Fits All commissions. A range of prices for various scenarios. A range of prices based on a collaborative effort of determining the client’s needs…a collaboration between the agent and the consumer.

Merv, I am totally with you on this one, and I too have case studies, though by and large, and specifically as to commission negotiations, I was not planning to unveil mine until Jaunary 2007. You GO BOY! Woohoo! The agent and the client TOGETHER determine the services and advices that the client both wants and needs. The agent cannot participate in the consumer cutting themselves short of what they need, to be successful in the client’s goals. Nor should the agent build everything around a total package of high fee services, that always leads to a win for the agent, by including more than the client needs.

For instance, just closed one where the buyer represented himself, after first trying a “full service”/full fee agent. The seller and I gave the buyer the FULL 3% buyer agent fee. Buyer just moved into his new home and is thrilled! Seller is happy and has moved on, after unsuccessfully trying a full stripped down mls only version, before hiring me. Total fees paid in that transaction – 2%. In another instance, on a different property, a buyer called and said she was going to represent herself. I asked her a few questions and she knew absolutely nothing about what I was talking about and was missing several key details needed to represent herself. Seller and I said NO, you can’t represent yourself, you just don’t have the background of knowledge needed, in this particular case, on this particular property. Total fees paid in that transaction (different fully represented first time buyer) – 6% split 3% to me and 3% to buyer’s agent. Portion of my fee used to make repairs to property. I made more on the one where the seller paid 2%, than I did on the one where the seller paid 6%. So much for percentages…they are truly irrelevant.

The agent needs to be involved in determining whether or not the buyer or seller’s wants and choices, fits the consumer’s objectives AND abilities. The consumer in turn has to be realistic about what they can do themselves, and what they can’t do themselves. It’s a collaboration with neither party “dictating” to the other.

THIS is the model of the future. Just as you can hire an attorney to fully represent you, or to partially represent you to save some money, you should also be able to hire a real estate agent to fully represent you or to partially represent you. But no attorney is going to get into the middle of partial representation unless he makes the judgment call that the client is fully capable of handling a portion of the duties. No agent should hand over responsibility to someone without making the judgment call that they know what they are doing, with regard to the services selected and not selected.

A buyer who assumes responsibility for selection of property, via the internet or other means, should not pay the same fee as one who needs agent advices. A buyer who just can’t assume full responsibility for all lender issues, should not pay the same fee as one who needs no assistance with the lending issues whatsoever. A seller who has everything ready when you walk in the door, should not pay the same as someone who needs the agent to help with getting the property ready for market. A seller who can’t read the contract, should not be able to purchase a service that says “all offers to be submitted to the seller direct”, nor should an attorney/owner pay a real estate agent to explain a contract.

No one size fits all commission! No trading in one “one size fits all” for another “one size fits all”! That’s where Greg and I part ways. I love that Merv…and Pam. Get Merv’s blog on your MUST READ list today!

There will never be a real estate bubble

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When Susan Ryan posted Just Say No To Bubble Talk, where she states “There is no real estate bubble and never will be” (emphasis mine), she probably wasn’t thinking of the traffic and links she would bring in through such blatant link baiting. But in one crazy statement, she swung for the fences and brought in over dozens and dozens of angry replies.

In a sort of a reverse of the Greg vs. Ardell 100-posts-in-24-hours contest, I propose a link baiting contest. Can you write the most outlandish post that warrants over 88 angry replies (current count) in the shortest period of time? Extra credit if you hit 100 in a day. The prize: an autographed photo of Jerry Falwell, a man who understood link baiting before the internet even existed.

The fine print: If a Rain City Guide member takes up the gauntlet, other co-bloggers (or “cloggers”) can only count for one angry reply (that means both of you Russ and Ardell!). You’re on your honor not to comment on your own posts or ask friends to do so. Any single angry responder can count for up to 5 comments, but after that you get no credit for making them angry.

I will take myself out of the running right now, as I don’t know enough about the gold standard to argue on its behalf or enough about the illegality of the IRS to argue against it.

Update: OK Folks, we’re done. Unless you have something to say that hasn’t been said, which includes almost all points of view on the real estate market, views on the writers of Rain City Guide or the writers and commenters at Seattle Bubble, and views on the intelligence or lack thereof of nearly everyone in the United States, lets move on. Do someting that makes you happy (and please, no comments about duking it out on a blog making you happy!). Please, no cheers, no jeers. Seriously. Move on.

Buyer Agent Commission

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[photopress:int_auction.jpg,thumb,alignright]I was reading Greg’s newest article on Buyer Agent Commissions and thought it might add more information to both his readers and ours, to run a “Point Counter Point” kind of discussion. So I have his article up side by side and will touch on some of the points where I either disagree with Greg, or have something to add.

Greg: “Want to foment a revolution in residential real estate?…(buyers just say) these five simple words: ‘How much do you charge?’…Historically, buyers have not understood that they, too, pay for representation”.

Greg, while the concept is indeed “revolutionary” in one sense, I find that most consumers would like we in the industry, to lead the revolution and win that battle for them, rather than being involved in the process of that change in the industry. Of course here in the Seattle area we have Redfin leading the charge, by revealing that there is a Buyer Agent Fee.

Sometimes Greg and I shake our heads at the shenanigans of the industry that pretend there really is no Buyer Agent Fee. Buy how can Greg expect the buyer consumers to lead this needed change in the industry, when most buyers NEVER even see the fee? Does anyone know a public search site that shows the Buyer Agent fee to the consumer? Does anyone’s mls system print the Buyer Agent Fee on the client version of the property printout? Has anyone seen the Buyer Agent fee show on the Buyer’s Closing Statement when the transaction closes?

How is a buyer supposed to even verify that the agreed upon amount, is what the buyer agent in the end collected? The commission paid to both the Seller’s Agent AND the Buyer’s Agent, only shows on the seller’s closing statement and NOT on the buyer’s closing statement. “Oh, yeah…I charged you ten bucks . You want to SEE it? Oh, sorry, that’s a seller privacy issue. You can’t see the actual fee charged. Just trust me on that ”

I’m not going to go into the “chicken or the egg” debate agents like to play with regard to who “actually” pays the commission, because it truely is purely subtrefuge. I often wonder how they’ve gotten away with it for all of these years, but then we really do know how they’ve gotten away with it for all of these years, don’t we? Because buyers really like the idea that it’s free and don’t want to sign an agreement to the lower amount, because they really don’t want to sign an agreement with an agent at all…even if it does save them money. They want the lower amount with no strings attached. Not saying they are wrong, and I actually honor that. But let’s not pretend this isn’t a two way street.

I don’t like Greg’s answer either, because he makes it looks like the buyer pays the seller’s agent fee too, and that’s just a pendulum swing to the subtrefuge, which doesn’t work either. Seller pays his agent and buyer pays his agent, is the only rational answer, regardless, so each knows the cost for their side and negotiates their side and sees their side at the end.

Greg says: “We baby buyers, (by) telling them tender, loving lies: ‘Buyer representations is free.’ ‘I’m paid by the seller.’ ‘My services cost you nothing.'” Truth is, buyers really do like these lies up to a point. They really do like to believe that is is free and the seller is paying it. Buyers like to “receive money from the agent” like the Redfin cashback. It’s a whole lot more fun to believe that they are “getting back” $20,000 than to understand that they are paying $10,000. They are not really getting back anything, they are financing their cash credit, if they take it in cash or cash credits. To truly save something, they have to negotiate a sale price with the seller and AFTER the fact, reduce the purchase price by the negotiated buyer agent fee difference. Otherwise they are including the full fee and they are paying it with interest for 30 years! They are borrowing it from the lender, not “saving” it.

Greg says: “If you’re buying a new build, the builder may be paying “your” agent a huge commission. You should negotiate to make sure that you receive any funds over a reasonable rate”.

Well, of course, it does NOT only apply to new build. Here’s my comment on new build though. I just got an email while I was writing this that said “$5,000 bonus on last 5 units!” I deleted the email after mentally translating it to say, “We’ll pay you an extra $5,000 if you will help us get rid of the five last dogs that no one seems to want.”

And last but not least, Greg says: “…you will not get to a more reasonable buyer’s agent commission without mastring those five little words: “How much do you charge?” (That question seller’s have known to ask forever because sellers understand that they are hiring a Realtor and it isn’t free – paraphrased).

But Greg does not give any advice regarding what to respond when the agent replies: “What do I charge? Why nothing! It’s Free! The Seller pays it! Greg, if you want them to ask the question, you have have to give them a little more advice than simply asking the question that will initiate the response of free, that we both know many will get. Let’s have a follow up piece titled, “What do you say to a buyer agent who tells you his services are FREE?”

The Day After

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[photopress:Ardell_attica.jpg,thumb,alignright]Choosing some lofty goals. You don’t climb a mountain, simply because “it is there”. You climb a mountain to get the strength of conviction needed to move mountains “The Day After”.

Taking the necessary steps to make changes that benefit both consumers and the industry at large, so others have a working model to follow, is my lofty goal. Telling everyone how I really feel is not about telling everyone how I feel. It’s about targeting some of the ways I can improve the system, one step at a time.

Climbing a mountain (See Quote #19) is of no use whatsoever, if you don’t do something differently the day after, and the day after that, and the day after that. When you run out of steam, or feel like you’ve hit a brick wall, or simply lose the courage to proceed…you find another mountain to climb and start the process again and again. C’est la vie for those who choose for it to be so…or not.

1) Every buyer should know the cash amount they need to bring to closing before they make an offer to purchase and not “after the loan docs come in”. We can change that in 5 seconds. I am changing that today.

2) There should be a training class for agents, that is actually a training class for agents. I need 10 agents to volunteer as guinea pigs for the class, so I can structure the curriculum. I’m hoping Seattle Eric will be one of the ten to volunteer, but he is the only “new agent, used to be investor”, that will be permitted in the class of 10, for “balance” purposes. Eric, agents should never be caricatures…too many are.

3) I decided to run for Club President of my Toastmaster’s International Club at next election in 8-10 weeks.

4) I’m giving my second speech on “Three Simple Steps to Effectively Managing Your Life” tomorrow night, and will continue to give that same speech, until I perfect the handouts to the point where everyone in the room “gets it”.

I’d like to have eight “lofty” goals, and add one every time I accomplish one. So if anyone out there has any suggestions for Changing the World one step at a time, I’ll consider picking the next 4 from your suggestions.

I need 4 more by Monday, so your thoughts appreciated.

A New Kind of Real Estate Company Visited

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A couple of weeks ago I blogged on a new real estate model where I try to match real estate agent strategies to the agent’s personality.  I call the different strategies “games” (www.getstrategic.com/agents).  I’m going to share my progress with you, the highs and the lows to let you know how it is going since there’s no other company that I know of doing this sort of model. It may be like picking a carrot to see how it’s growing. But this carrot is an unknown species. Sticking with this metaphore, the only way I can observe it is to grow it hydroponically in a glass beaker to watch it grow, the glass beaker being this blog!

Here’s what I can share with you so far:

I’ve had the poorest results with the 3 experienced agents I had to let go because they wouldn’t put time into activities that they’d never done before. I think they must have joined because of the word “free leads

More Bed Hopping with the Competition

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  1. Matt Goyer, of Urbnlivn fame, just accepted a position at Redfin. I wonder if he’ll keep up urbnlivn, or quit in favor of the Redfin blog like Rob. Just reading that article about Rob reminds me how much things have changed in the past six months…
  2. Anthony Allan put together a nice post on five steps to Realtor nirvana.
  3. Tim shows the Seattle Bubble is more popular than Rain City Guide! And wants a front-page link from RCG in the same post! I like Merv’s approach to giving site stats better (i.e. keep me out of it!) 🙂
  4. Meanwhile, the classic over-achiever (who happens to be a damn good writer) follows Tim’s lead today and shows me up by taking my idea (list of 10) and doing it better…
  5. Niki let me know about the massive updates that he just unrolled at HomeThinking. He’s got a pretty comprehensive database of sold listings and my understanding is that he is attempting to get people to review agents for as many transactions as possible. It might sound unintuitive for agents to support a site that allows users to comment on them, but Nike (and Mike of Altos Research) seem convinced. Niki also mentioned a bunch of interesting features including a GeoRSS feed of his data so that it can be syndicated far and wide.
  6. I also noticed that HomeThinking is syndicating Real Time Pricing Trends from Altos Research in selected markets. Here’s their chart for Seattle:

    7. Prices for SEATTLE

  7. Osman writes about an interesting “green” development in Aurora, CO that would “encompass nearly 3,000 housing units, 1.7 million SQFT of retail, and 2.8 million SQFT of office space” if fully built out!
  8. Remembering Katrina.
  9. Google now allows you to download and print out old books that they’ve scanned from some of the nations largest libraries. Very cool. Not only that, but they recently introduced a news archive search that has scanned 200 years worth of news. Wow!
  10. Not only is Noah is off enjoying a trip in Europe at this moment, but he should be officially mawwied by now. Congratulations!