NUGGETS FOR THE NOGGIN
HOT BUTTONS
By Jim “Gymbeaux” Brown, April 14,
2013
This Nugget
applies to people who will buy real estate and/or real estate agents
representing people who will buy real estate.
In effect, it applies to just about everyone!
What
is a “hot button?”
In real estate
sales, a “hot button” is whatever is important to someone who is buying and/or
selling real estate. This Nugget focuses
on the buying side of the real estate transaction.
Whenever you
purchase any item, there are characteristics, features, benefits and/or cost
that plays a significant role in whether you purchase the item; or not. A real estate purchase is no different.
Buyers of
residential (as compared to commercial) real estate are typically FIRST
attracted to a property because of its appearance AND its location. Location usually comes first and then its
appearance. But once a buyer gets past
the initial appearance of the property, the important features, benefits and/or
cost come into play in order for the buyers to make the all important buying
decision. The determining factors are
what I refer to as HOT BUTTONS.
Unfortunately a
great many real estate agents do not focus on buyers’ hot buttons” before a
sale is consummated and then pay the price after the sale when the buyers’ hot
buttons take over and the buyers then realize what they purchased is not
exactly what they “thought” they were purchasing.
What would be an
example of this? I can give you lots of
examples but let’s focus on just three.
EXAMPLE
1: A purchaser’s son is heavy into sports and is
the star catcher on his high school team.
The purchaser needs or wants to relocate but needs to stay within the
same high school district in order for her son to continue with the same team. When purchasing a For Sale By Owner, the
purchaser specifically asks the homeowner/seller what school district the home
is located in. The homeowner says it IS in the desired district and the
owner buys the home only to later discover it is NOT within the same district.
EXAMPLE
2: A real estate agent lists a home on behalf of
a homeowner and the homeowner indicates that the homeowners’ association dues
(which is a required membership) is $50.00
A QUARTER. A purchaser who is
represented by a different real estate agent shows the property and looks over
the Property Disclosure document that indicates the dues are $50.00 A QUARTER. The purchaser submits an offer to purchase
which is accepted and then it is discovered that the dues are actually $50.00 A
MONTH.
EXAMPLE
3: A purchaser submits an offer to purchase on a
home in a pretty exclusive subdivision and the offer is accepted and the
purchaser moves in. Within a short
period of time, the homeowner sets up a home-based business in the new home and
the neighbors complain and eventually take legal action because the subdivision
restrictions specifically forbid home-based businesses where customers actually
come to the home to conduct their business, eg., tax consultant.
In each of these
cases the purchasers had “hot buttons” or issues of extreme importance to
them. It could have just as easily been
the square footage of a home; the market value of a home; the ability to park a
boat or recreational vehicle in the driveway of the home, etc., etc.
One of the most
important questions a purchaser of real estate must ask themselves or a real
estate agent must ask of the buying customer is “What are your hot buttons?”
Or in effect, what factors must you first satisfy to insure that the
property you are purchasing REALLY
or ACTUALLY meets your needs?
Remember, there is
a huge difference between a NEED and
a WANT. A purchaser MUST HAVE a NEED but can live WITHOUT acquiring a WANT.
So
whose responsibility is it to insure that a hot button is actually
satisfied?
Consider the
school district case. A seller “told”
the purchaser that the home was in the desired school district. Can a purchaser rely on what was “told”? NO! If the school district is important to the
purchaser the actual school district can be easily determined by a simple call
or visit to the local governing agency that makes such determinations. Since this was a For Sale By Owner, the
purchaser must make that call or visit.
If the purchaser had been represented by an agent, the purchaser could
ask the buyer’s agent to verify the information. In either case, the verification should be IN WRITING to avoid any
misunderstanding since it is vitally important to the purchaser.
But what would
happen if the homeowner had been represented by a real estate agent and the
agent entered the school district as conveyed by the sellers into the local
multiple listing service (MLS). The
purchaser and/or the purchaser’s agent look at the information provided within
the MLS description and it indicates that the home is indeed located in the
desired school district. DOES IT END
THERE?
Absolutely
not! Most if not all multiple listing
services have a disclaimer on the bottom of the MLS description sheets
indicating that the information provided is deemed to be correct but not
necessarily reliable. This is because
information can change, homeowners provide incorrect information (as in this
case), and entries may simply be in error.
Therefore someone MUST verify
the information that is important to a purchaser.
If the purchaser
is NOT represented by a real estate
agent the purchaser MUST verify
whatever information is important to the purchaser. If the purchaser IS represented by a real estate agent the purchaser’s agent MUST verify that information. Using what someone “said” is NOT verification. Remember, to be verified where you can use
the verification as evidence, it MUST BE
IN WRITING in order for it to be used without having to prove what someone
had “said” which is almost impossible to do.
EXAMPLE
2: Homeowners’ dues are very easily verified by
obtaining the information from the homeowners’ association.
EXAMPLE
3: Anyone can obtain a copy of the Subdivision
Restrictions from the local court house.
A word of caution. Some
homeowners provide a prospective purchaser with the homeowner’s copy of the
restrictions. The problem with this is
that there is no guarantee that the homeowners copy is the most recent or accurate
copy. .
VERY
IMPORTANT UNDERSTANDING: If you think about it, there is no way that a
real estate agent who lists a property, would be able to verify every bit of
information that is either required or made available through the multiple
listing service. It would take weeks to
list a property if it were required to be independently verified. Again, that is why the disclaimer appears at
the bottom of each MLS description sheet.
It is incumbent upon the purchaser and/or the purchaser’s agent to
verify that information that the purchased feels needs to be verified. When a seller not represented by a real
estate agent provides the information, the information provided is what the
seller “believes” to be correct. But,
what the seller believes may in fact not be correct or accurate.
VERIFICATION,
IN WRITING, IS THE KEY!
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