Tag Archives: Buyer-Information

Negotiating The Offer Part 1 – The “Homeless” Seller

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[photopress:250px_Tug_of_war.jpg,thumb,alignright]It is a popular perception that every seller wants top dollar as their primary objective.  In my experience that is not always true, and in fact is often not true at all, at the time the offer is being presented.  Let’s take a step back first to see where the perception comes from. 

When a seller is speaking with agents before the home goes on market, it is true that the discussion focuses on selling the property at the highest price, in the shortest amount of time and with as little inconvenience to those occupying the home, as possible.  Agents are trained to speak in these terms, and so that is how the discussion generally goes.

At the time the offer is presented however, if there is a lengthy discussion, that discussion is often not about the price at all.  Even when the discussion is about price, the underlying pressure on the price is often about something else entirely, like the cost of temporary housing for the seller.

For many sellers, the minute they accept an offer on their home, they are immediately, though temporarily, homeless.  I can’t tell you how many times a seller has looked up at me after signing the offer and said, “I guess I’m homeless now”.

Often when a seller is picking on every minutae detail of the offer, it is because they do not know where they are going.  This is a dangerous situation for a buyer, as the seller often wants them to “make it worth their while” to leave.  You might think it was obvious to them when they listed their home for sale, that they would have to leave.  Trust me, the reality in that moment when they pick up the pen to sign your offer, that the minute they sign it they will be “homeless”, hits them like a ton of bricks IF they do not know where they are going.

Any good negotiatior considers the factors on the other side of the table when preparing the offer, or during the give and take of the negotiation process as new information becomes available. While 30 day escrows have become the norm, does that really give a seller the time they need to find their next home?  Often the seller can’t make an offer on their next home until their home is sold, or at least in escrow. If you are willing to give them the time they need to know where they are going, and match up the closing dates so they don’t have to go to temporary housing, you often will win out on price.

If you are currently renting, adding an extra couple of weeks or more to the escrow time can actually save you money.  Go out to the date where you will not be paying rent and interest on your mortgage simultaneously.  Giving the seller time to negotiate the offer on his next home can be a winning strategy in multiple offer situations and even get you the house you want at a lesser price than other offers on the table.  Consider a longer close or a post occupancy agreement when writing your offer. (Some lenders will not permit a post occupancy to exceed 30 days on “owner occupied” financing, so check with your lender before agreeing to anything longer than 30 days past close of escrow, even if longer is only by a couple of days.)

Giving the seller the peace of mind that they can stay in their current home until they are moving into their new home is generally worth up to at least $5,000 in price and sometimes as much as $10,000.  If the seller has two offers on the table, one with an escalator up to $460,000 and one at $450,000 straight up with no escalator, they often will accept or counter the lower offer, if it provides them with the ability to find their next home before having to leave the house.  Sometimes something as simple as letting the seller keep some things in the garage for a week or two can make the difference.  Sometimes giving them the entire weekend to move can make the difference.  Sometimes splitting the weekend, giving them all day Saturday to move out and leaving you all day Sunday to move in is sufficient.  Often these little things prevent the seller from pulling extra had on the price to compensate for his uneasiness and inconvenience.

The perception that the highest price on the table always wins out, is erroneous.  A seller who faces being “homeless”, will often select the offer that affords him the option to stay until he closes and can move his belongings into his new home, even if that offer is not the highest price on the table.

How many emails does it take to buy a house?

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I belong to an agent oriented forum with 17,000 “participants”, many “lurkers”, from all over the Country and Canada.  I have been “speaking” there since 1998.  At least once a year a newer agent there asks the question: “What is the average number of emails per transaction?”.

Of course it is possible to go from start to finish with no emails at all, I guess.  Hasn’t been my experience, but I’m sure it is still humanly possible for that to happen.  Last year I had one that took close to 400 emails AFTER the transaction closed, to solve an after sale problem.  None of the emails were from the other agent in the transaction :-), though I did copy him on every email response to his client.  I was the seller’s agent.  I also had many, many phone calls and meetings, in addition to the 400 emails, and all turned out “well”. 

“Rule” is I can never contact someone else’s client in the transaction, but I must answer honestly, if that client calls me.  Usually I do tell them I will respond to their agent and their agent needs to be the one speaking with them.  But when they say their agent isn’t responding to them, I am left with no choice but to handle both sides until the matter is resolved.   I apply the same rule to email, usually.  I never email the other agent’s client in the transaction, nor do I copy the other agent’s client during the course of a transaction.  But if someone else’s client emails me directly, I respond directly, with a copy to their agent.  When you consider that those 400 emails were often directed to at least 6 people, that is 6 times 400 communications or 2,400 communications!

In my experience, the “average” transaction takes between 150 and 200 emails.  This is only my side of the transaction, so if the other agent in the transaction has the same experience, that would be 400 per transaction. Many of these copy multiple parties and only count as 1 email to 4 people.  Emailing escrow with copies to the other agent and my client, for example. This does include emails from the day I meet a potential client until the day they close on the property, and afterward if and as needed.  It does NOT include emailing property to them from the mls, as those emails do not show in my Outlook data.

Blogging is trimming down the number of emails needed to complete a transaction!  Since 1/1/2006, when I began blogging, I have noticed that many of my clients already know a lot more than they ever did in the past.  They already understand more about various transaction details, having read my blog before they contacted me.  I find they also read it during the transaction, and sometimes I direct a blog post to a specific issue at hand in a generic way.  This way I not only help my client to understand what is happening in the transaction, but the general public at large at the same time.

That being said, everyone, agents and consumers both, need to undersand that an email is “in writing”.  There are still times when I need to pick up the phone to say something that I am not willing to put in writing.  A good agent needs to know when to send a letter or a card by snail mail, when to email and when to pick up the phone.  Each of these communication mediums have their place in the transaction, and it is an art to know which to use when.

Don’t Get Carried Away!

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A couple of weeks ago I had occasion to take three different clients through the same house – an attractively-priced 1967 split-level home just north of Microsoft. So everybody knows that Microsoft will be hiring a lot more folks over the next few years, and a lot of those folks are thinking maybe they should pick up an investment rental in that area – with so much high-income job growth, there should continue to be great appreciation. Great logic. But don’t get carried away by the opportunity.

In this case, the home was priced at $375,000 – for a 1967 split-level home, 3 bedroom, 2.25 bath, 1,820 sf, 2-car garage. All the right specs. Price egregiously low. First, that low price led people to look at the house who were not anywhere near qualified for the price it would actually sell for. Second, that low price led investor bidders to fight over it in a bidding war that maybe should live in the annals of northwest real estate. So here’s what I have heard: the first winner got it for $475,000 – and then failed financing. Seller put it back on the market, same low price, same bidding war (if there were 10 to start with, there might be 9 still standing – hopefully fewer as they realized what it was really going to take to win it). Second winner got it for about $470,000.

Was it a great deal? I don’t think so. Was it a reasonable deal – maybe so. This place was structurally sound, but needed to be completely updated and refinished. It would be fair to say that a lot of the house was original (almost 40 years old) and worn out, including the garage doors – and on and on. The lower level would need to be stripped down to the studs and re-wired and re-sheetrocked. The baths needed to be redone. The kitchen space needed to be reconfigured (i.e. move walls) and then rebuilt. If the new owners are both thoughtful and handy at doing a lot of the work themselves, they will probably come out fine.

If you knew it was going to be $475,000 to start with, you might have looked for one in much better shape and saved yourself a lot of work. Don’t get carried away!

Seattle in Top Ten for Continued Appreciation- Want to know Why?

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We’ve talked alot on RCG about whether we’re in a bust or a bubble real estate market and we in the Pacific NW have been watching the rest of the country and wondering, Why all the gloom? Bankrate.com and today’s Seattle times have some explanation that can provide perspective:

Last week, Bankrate.com unveiled its forecast for the changing real estate market in the U.S. over the next few years – ten markets where housing prices and values will continue to remain strong, ten markets where appreciation will pretty much top out and the ten markets that are most likely to experience a decline. They talked to experts, studied public and private databases, analyzed market trends and examined the analysis of many others.

The ten “bubble blowers,” where appreciation should continue to grow, are:

  • Boise (ID);
  • El Paso (TX);
  • Albuquerque (NM);
  • Seattle (WA)/Portland (OR);
  • Salt Lake City (UT);
  • Raleigh (NC);
  • Philadelphia (PA);
  • Atlanta (GA);
  • Little Rock (AR); and
  • Cincinnati (OH)/Birmingham (AL) (they were too close to call).

Just why this is happening in the Pacific NW is the subject of this mornings Seattle Times article by Elizabeth Rhodes. She sheds light on why Seattle is breaking the national trend toward stagnating or dropping home prices. Her article notes that the average home prices have taken a steep hike in the last year and appear to be continuing the rise.

Citing the NWMLS statistics that came out on Thursday, median closed price of King County single-family homes has shot up almost 12 percent in the past year, reaching $405,000 last month (and up from $392,950 in February).

Interestingly, sales are down, but so is inventory. In March 2004, there were 7,156 homes for sale countywide. March 2005’s inventory was 5,244 homes. This March recorded a further drop, to 5,100. This is the pinch that causing the rise in prices.

At the same time, the local economy is growing and employers are adding jobs, bringing more potential buyers to the area. So the competition for available homes is strong and prices are reacting accordingly.

We agents have been experiencing this hot market all spring as we did through most of last year, possibly feeling the market fluctuations first. We’re out there in it, pricing homes to reflect the low inventory and coaching buyers for the best positioning in a multiple offer situation. I just watched the price of an Eastside condo jump $20,000 in a two week period!

I didn't get the house…WHY?

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When there are multiple bids, and the price of the property is bidding up over the asking price, the amount of downpayment is sometimes the reason why your offer is not accepted.

Let’s say a property is put on the market at $275,000 and the highest offer is $315,000. There is an offer of $310,000 with 50% down and an offer of $315,000 with zero down. Usually the seller’s agent will advise the seller not to take the $315,000 offer, because she does not expect the property to appraise. While one can buy a house with zero down, that does not mean that the seller is willing to take the risks associated with a zero down buyer.

It is the seller’s agent’s job to know not only what they can get in the open market for a property, but also what obstacles might get in the way of the sale closing. These days, when an agent lists a property at $275,000, it is likely a price higher than the last few sales in the area and a price that will appraise, with some effort. When it bids up over that amount, the seller’s agent must be ready for what will happen if and when it does not appraise. Often that means that zero down buyers will not get the house, if there are other offers with larger downpayments, even if the other offers are for less money. A common result will be that the seller will counter the 20% down buyer with the highest price offered, regardless of escalator clause considerations.

This points back to my post noting that the appraisal is done for the lender. If the property appraises at $300,000 and the sale price is $315,000, the lender does not participate in the shortage. If it is a zero down loan and the buyer has no cash, the buyer will need the seller to reduce the price down to $300,000 for the transaction to close. The lender will only give the buyer 100% of the appraised value, without regard to the agreed upon sale price. If the buyer is a cash buyer, often there is no appraisal at all, since the appraisal is ordered by the lender.

This issue has come up in the last two offers I have presented. In fact, I lost a client who did not get the property because another offer at 20% down trumped her zero down offer. When she asked me to be more aggressive in getting her offer accepted, I explained that the seller’s agent made it clear that the 20% down buyer was going to get the property because they had 20% down and the agent knew the property would not appraise. There was just no way to get the seller to accept a zero down offer, with the costs included in the price, no matter what I did.

Buying your first property with zero down and the seller paying the closings costs is clearly possible, and is done every day. But often the zero down buyer, with no cash to pay their own closing costs, is excluded from purchasing the most popular house in the most popular neighborhood that has multiple offers.

Offering the highest price is of no consequence to the seller, if you can’t close.

If you must flip, flip responsibly!

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(Editor’s Note: I’m extremely excited to announce a new contributor to Rain City Guide. Eileen Tefft is a Managing Partner with Ltd Real Estate and has over two decades of experience in the real estate industry.)

Hello Rain City Guide community,

This is a first for me. First post, first time ‘published’. I’m excited and feel it’s about time I got into blogging as a way to share information to readers interested in real estate. As a kid, my parents bought and held real estate as an investment. My uncle was a contractor, my grandfather a carpenter… In fact, my dear 82 year-old mother was still hanging off rafters, pounding in 2X4’s in her 60’s (she still would be if someone needed a rafter built! Today she’s cutting down trees with her new chainsaw!). I bought my first property when I was 22 and subdivided it at 32. It was fun and it felt natural.

I got 3 calls this week from past clients wanting to begin buying real estate as an investment. After several hours of discussions, I decided to write about the nuts and bolts of my experiences, the mistakes I’ve made and where I found the most success.

There seem to be two types of investment buyers. One that wants to ‘flip’ real estate (turn a quick profit by buying low and selling high) and one that wants to purchase and hold for the long term. I will address the first question here and save the second for another post which will include buying for cash accumulation vs. buying for a positive cash flow, buying using 1031’s and buying using Self-Directed IRA’s.

So, let me start first with the question I get asked most… “How can I buy a house, fix it up, make a profit, quit my job and live off the real estate returns like I’ve seen on T.V.?

Cancelling the purchase contract of a condo based on the resale certificate

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When you purchase a condo (which can be a townhome) in the re-sale market (as opposed to new construction), there is a very important event that takes place during escrow. Line 19 of our “Condominium Purchase and Sale Agreement” Form 29 provides that the seller will deliver the “resale certificate” to the buyer within (blank) days from mutual acceptance. You have a limited period of time to cancel the contract based on the resale certificate and when that timeframe runs out, you lose that right. The period is normally 5 days.

I want to talk more about the practical aspects of this event, rather than the legalese, so the above is short and not all inclusive and simply an introduction. In the past several weeks I have cancelled two escrows based on the resale certificate, or more accurately the buyers cancelled escrow based on the resale certificate, and so I think this topic is timely and worth noting. I will give a real life example as an anecdotal story to raise some of the issues involved, keeping this post short(er), and will go into more detail on my blog, where I can be as prolific as I want 🙂

I showed a condo at night. We went up the elevator and into the unit and we at that point were more concerned with getting the property into escrow than examining all aspects thoroughly. It was a one of a kind condo. I knew that if the buyer lost the opportunity to make an offer, I could not easily find them another like this one. And so the offer was prepared and accepted rather quickly. We had two timeframes to further examine that choice, one was the home inspection and the other was the resale certificate info and timeframe.

During the home inspection which was in the light of day, we walked all over the complex and found two alarming issues. The inspection itself was fine. The alarming issues were part of the common area and HOA responsibility. Neither of the issues we viewed were addressed in any way in the Seller’s Disclosure “Form 17”. I asked the listing agent to go look at the problems we viewed and respond, he would not do so and said the seller had no knowledge regarding what we could readily see. I believe that was true as they did not go where we went, which was everywhere. When the resale certificate arrived, there was almost no information regarding the issue, the minutes in the resale certificate being from 2002 through 2004 were not any help. There was a minor, yet bold notation, regarding one of the issues with an estimate of a very large cost. I am being vague as this is a real life current situation and you need to know the steps to take more than the actual detail. It was obvious that the total actual cost was not yet known and that the repairs would not be completed until several months out. The buyer cancelled the escrow based on the resale certificate. The seller did offer to pay the amount the HOA expected the total cost to be, but we deemed that to be insufficient. Another buyer may be willing and able to work something out acceptable to both parties, and that is OK. We returned the resale certificate so that the seller could use it to raise this issue to the next buyer in a more timely manner, should they choose to do that.

When you purchase a condo, be sure to walk all over the complex and view everything there is to view. Make notes of anything that is worth noting. The seller’s disclosure is normally about the unit itself, and not all issues of the complex. Likewise, the inspection is normally an inspection of the unit itself and not the roof or siding or other issues deemed to be HOA responsibility. When you receive the resale certificate, read the minutes thoroughly. Look at the Rules and Regulations, CC&R’s and By-Laws and make sure you understand and have no problem with these. Even if the mls says you can have pets and you see pets when you view the condo, that does not mean that pets are allowed. Look specifically at the pet rules and make sure you can comply with the written rules. Look at the amount in reserves and make sure that the amount is sufficient for the needs of the complex. Most importantly know that you have a very limited time to note a lot of things when you get the resale certificate.

All too often people take this big stack of “stuff” and do not even look at it. I do review it with and for my clients. There is no way I could put “Everything you need to know about the Resale Certificate” into a blog post. Hopefully this is enough to start a conversation via comments that is increasingly helpful and to red flag the issue. Again, I will try to add to my existing posts on this topic on my blog as well.

Your Credit Score has Changed

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Just as I was getting use to the old algorithm, now a new algorithm!

The nation’s three consumer credit reporting companies – Equifax, TransUnion and Experian – announced a new credit scoring system designed to simplify and improve the credit process for both borrowers and credit grantors.

By combining cutting-edge, patent-pending analytic techniques with a highly intuitive scale for scoring, VantageScore will provide consumers and businesses with a highly predictive, consistent score that is easy to understand and apply. VantageScore uses score ranges from 501 to 990.

There is more information on VantageScore here: VantageScore.

There has been much talk about providing borrowers and business with a more consistent method of evaluating credit. For even the most experienced people in the lending industry, credit scoring is a confusing subject. A few weeks ago I gave a presentation with Mark Armstrong, American Reporting Company to a group of real estate agents, and my impression was that they seemed starved for accurate information on the subject of credit. In the next few days, I will post parts of that presentation here.

UrbanDigs has more.

Finding the "right" house to buy

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[photopress:Atticus_1_2.jpg,full,alignright]I was watching the Oscars the other night. There was a brief clip of “To Kill a Mockingbird” where Atticus is telling Scout that you have to step into another man’s shoes/skin and walk around in them a bit, before you can know…(paraphrased). It reminded me of the many people I have helped find the “right” home over the years. I try to remember when I stopped “showing” houses and started “finding” them.

I remember sitting in my office one day noticing all of the agents who were listing homes of people whom they sold the same homes to a short time before, and wondering why my clients were content with the homes I sold to them. My sister is still in the same house I sold to her in 1992. My sister-in-law and brother-in-law are still in the same home I sold to them around the same time. Every once in a while I do an owner search and find that the people are still there, living in that same house I sold to them, many years later.

Finding the “right” house to buy has a whole lot more to do with “where” than “which house”. People buy a “lifestyle”. The absolutely perfect house in the wrong place for you, does not seem to make someone as happy as finding the right house in the right place.

I was meeting a man last night in a dark parking lot to show him a property that is “not for sale”. I met him back in May or June of last year. Since that time I have told him not to buy several properties and last night I took him to “the” property he should buy. It was what is known as a “pocket” listing and involved two other agents and no written agreements to pay any of us. For him it was more about the right property and the right circumstances. The right property for him unfortunately is the kind that gets multiple offers. His demeanor and need to process the info, just doesn’t lend itself to a competitive environment, so I had to find something that wasn’t for sale. No other buyers vying for the same property.

I have three or four buyer clients right now in the same price range, but they all have different profiles. My partner brings me properties for sale and says “How about this one for X & X?” I say no…wrong lifestyle. They need a newer house built in 1995 or 1998 in this neighborhood and that elementary school… He checks with the buyer. They agree with me. He comes back with a condo and says this one is perfect for X! I look at him and wonder why he thinks that, it is obvious to me that X does NOT want to live there. He checks with X and X doesn’t even respond.

The X and X couple needs a house in a newer neighborhood where a large percentage of the neighborhood has younger children. Where there are pavements to walk all over with a stroller and maybe a tot lot. A remodeled home in an older neighborhood with no sidewalks and mostly “empty-nesters” for neighbors, won’t do. I have pinpointed the exact neighborhood and am sending letters to all of the homes that would likely sell in their price range. I target the homes based on year built and assessed value using the tax records.

Mr. X needs a condo in a lively area, not too close to work. He is a workaholic and needs to go “home”. If his “home” is too close to work he will be tempted to drop by the office nights and weekends. He has to look out of his window and see something relaxing. He needs a territorial view or a lake view and not a lot of business and traffic and yet at the same time, he needs to be able to walk out of his front door and window shop or stop by the coffee house and mingle with people.

Ms. X works from home and needs to be close to downtown Kirkland, but also needs enough space not to be “confined” while working from home. She needs to be close to her friends and church and yet her price range and space needs predict that she needs to be just outside of where she would most like to be.

I first take people to property to get into their skin…not to find a property. I look into their eyes and watch their body language like a profiler. I take them to properties I pick that are not alike at all. It’s like the optometrist who keeps putting lenses with slight differences and saying “is this better than that?” “How about this?” Once I find what they like and don’t like, usually after showing them 3-6 properties. I go out and get “that”. Usually it’s not for sale, yet. I watch for it to come on market or I actively seek it out by writing people who own “it”. I don’t tell people they can’t have what they want because it is not for sale, but I do tell them they can’t have it if it doesn’t exist or is not in their price range. Agents have in their brains and via the tax records, a fairly good handle on the “realm of possibilities”. Getting access to the mls does not empower the consumer, it limits them to what is for sale.

Don’t sit at a computer screen looking at property until you have first identified “where” you will be happy. Think more about what makes you happy. I like to walk down a street with lots of houses and look at the architecture and flowers in people’s gardens and say “hey” to the neighbors. Put me in a great house on an acre lot out in the middle of nowhere, and I may love my house, but hate my lifestyle. Conversely, some people hate to walk outside of their home and have someone look over at them and say “hey, neighbor!” They are like, “Oh God, I just want to read my morning paper in peace!”

So spend at least as much time knowing where you will be happy as you do calculating monthly payments and number of bedrooms and “to thine own self be true”. First find your lifestyle match and then your house. You will be much happier in the long run if you do.

What exactly IS a townhome?

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First, let’s all agree that a townhome usually has at least two stories, but you can have a “ranch style townhome” or “rambler style townhome”. Usually there is no one over or under you in a townhome, except sometimes, like in Sixty-01, they occasionally stuff a condo under the two story townhome. In the Seattle area a townhome usually has a garage on the first level, main living areas on the second level and bedrooms on the third level. When there is a view involved, especially a water view, it is better to but the main living areas at the top and the bedrooms on the lower levels.

But why is a townhome sometimes a condominium, and sometimes a single family dwelling? Why is it sometimes a single family dwelling when it is attached to other townhomes, and sometimes a condominium when it is not attached at all?

The phrase townhome was coined by the real estate industry to “upgrade” the term rowhome. Many major cities, like my Philadelphia, have had rowhomes for over a hundred years. As many as twenty five all attached together with no break until you get to the “end of row” or “breezeway”. When builders started building attached dwellings out in the suburbs, they didn’t want to call them “rowhomes” and so came up with the term “townhomes”. Very upscale areas started calling their rowhomes, townhomes, and so the term was created and expanded.

Very simply, if you own the land under the townhome all by yourself, meaning the lots are subdivided at every shared wall from the front of the lot to the back of the lot, then it is a single family townhome or “single family attached”, much like the original “rowhome”.

[photopress:townhomes.jpg,thumb,alignright]If the lot is not subdivided and you build two or more separately owned structures on one lot, whether they are attached or not, they are condominiums. As far as I know, condominiums are always built on land that is shared and not subdivided per each individual owner. So if you put two separate houses on one lot and sell them to two different people, they are condominium townhomes. If you attach 25 homes in a row, but subdivide the lots so that they own their front yard and back yard and the land under their house, they are single family dwellings.

I always say, when you are sitting in your house, if you own the land under your butt all by yourself, it is a single family dwelling. If the land under your butt is jointly owned with other people, then it is a condominium 🙂