My Advice To Home Buyers
By Jim "Gymbeaux" Brown, April 24, 2016
I
recently retired from the real estate business with over 33 years service as a
sales person, manager, Team Leader, Broker and Trainer. I have read over a thousand books on sales
and motivational subjects. I tell you
the reader this because I want to give credibility to what I am about to say to
you the home buyer who is considering buying their next home.
Should I try to buy my
home myself or with the help of a REALTOR? Having been in the real estate business for
more than 33 years, a very good argument could be made that my answer to this
question would be biased and it probably is.
But it is also based upon issues that were discovered during those 33
plus years that have caused a lot of home buyers to regret not working with a
professional. There is an ending to a
poem that states “If you don’t know where you are going, you can get to a whole
lot of places you might not want to be”
That is it in a nut shell! When
you work with an ethical professional, I might add, REALTOR, that real estate
agent will or should interview you to ascertain two things. First what you would LIKE to have in your
next home and Second, what you NEED to have in your next home – they are not
the same thing. You might LIKE to have a
pool but would you buy the home of your dreams if it does not have a pool? Absolutely you would. A real estate agent will also FIRST qualify
you or have a mortgage lender qualify you to see what is the maximum loan you
can qualify for is and then show you ONLY those homes within that price
range. Why look at a home you can’t
possibly buy? If you begin the process
by just calling on and looking at homes yourself without the aid of a real
estate agent, like the poem you will find yourself ending up at a lot of places
you probably didn’t want to go. A real
estate agent WILL have access to just about every home that is on the market
through the Multiple Listing Service (MLS) which is a service provided by the
local Board of REALTORS where real estate agents post their listings so
everyone can see them and sell them. The
one exception would be homes that are being sold by their owners without the
benefit of a real estate agent. See the
next section in this regard.
Not working with a real
estate agent. You
may “think” you are saving money buying a home listed with a seller but not
listed with a real estate agent. The
seller is attempting to “save” paying a commission to sell the home but the home
will be priced similar to homes in the area that have been sold by a real
estate agent. Therefore the seller is
attempting to not only maximize the sales amount, they are also attempting to
earn the commission the real estate agent would have made on the sale of other
homes in the area. Then comes a buyer looking
to buy a home listed only by the seller.
Knowledgeable buyers looking at For Sale By Owners do so KNOWING what
other homes have sold for and therefore the first thing they do in their minds
is reduce the asking price by the amount that would have been paid to a real
estate agent for selling these other homes.
That is a lose-lose situation for more reason than you can first
imagine. The buyer and the seller are
attempting to engage in an activity that has serious legal ramifications if one
or both parties screw up the deal which is easy to do since neither one knows
all of the legal ramifications that are in play. A licensed real estate agent has been trained
to be aware of such legal ramifications and then navigate their buyers and/or
sellers through this maze to avoid people taking court action based upon what
they did or did not do. It is like the
Midas Muffler commercial use to say, “you can pay me now or you can pay me
later; your choice.”
There are dangers
involved in buying your next home; know what they are. If you should choose to attempt to buy a home
list only with a seller and no real estate agent involved on either the selling
side or the buying side, you must be aware of the dangers. These dangers still exist even when real
estate agents are involved but they know what to look for and what and how to
avoid the dangers.
·
Property
Disclosure Reports: In a lot of states sellers are required
to provide buyers with a property disclosure statement identifying all the
known defects/repairs applicable to the property (not just the home itself but
the lands it sits on as well). A lot of
home sellers are not aware of this requirement.
If a seller does not provide such a report ask for one.
·
School
Districts. Districts
change and change often. If a seller has
no children, a particular school district may not be important to the sellers
and they only “think” they know which schools would apply in their area. If a school district is important to you, a
real estate agent can help but my advice would be for you the buyer to call the
local school authority and confirm for yourself which school district a particular
home resides in.
·
Subdivision
Restrictions.
Sellers may have a copy of the local subdivision restrictions or
covenants but these change and change often as well. If you plan to use your home for anything
other than just living in it, like conducting a business from your home, you
need to confirm for yourself from the subdivision committee itself what you can
and cannot do within your home or on your property. For example, a lot of subdivisions prohibit
the parking of boats and RVs in your driveway or on your property. You need to know this and you need to confirm
this. When you do, you will be starting
from scratch and in most cases a licensed real estate agent will already have
been through this process and guide you very easily to get the answers you
need.
·
Flood
Zone. This may not
apply to every buying a home in every location but when you see the devastation
all around the country, this should be a question you want answers for. Is the home IN a flood zone area or is it NOT
in a flood zone area. More importantly
is the home in an area where adjacent areas have been known to flood. As an example. I have been licensed in real estate for more
than 33 years. My home is NOT in a flood
zone area. Why is this important to you
to know? First flood insurance is NOT
required by my mortgage company in order to get a loan on my home. That is always a good thing. Second; if I choose to have flood insurance
on my home, the policy is typically hundreds if not thousands of dollars
cheaper than a home located in or near a flood zone. That too is a good thing,
especially for me. But as I would tell
every home buyer I have ever worked with in the State of Louisiana, “When you
see the sign on the Interstates that read Welcome to Louisiana, it is English
for You are now entering a flood zone.
Even though flood insurance is NOT required on MY personal home, I have
it. I personally believe it is not even
a choice. People reading this NEED to
thoroughly research the areas they are looking in for their next home regarding
flooding and flood insurance. Most home
sellers will not volunteer all this information, a licensed real estate agents KNOWS
to look and research the issue for you.
·
Out
of Place Homes.
By out of place I mean that if you buy a home in a subdivision, most of
the homes will look similar in a great many ways. Design, square footage, and architecture are
three of the things that could separate a specific home from the other homes in
the area. For example, if all the homes
look similar but then there sits a log home, that home may affect prices in the
subdivision and it may have been built contrary to subdivision
restrictions. A home that is much larger
than all the other homes in the area may have had additions made to it. Were they built according to code? Did the additions have permits before they
were added on? These are things that
licensed real estate agents are constantly aware of and know to ask the
questions of the sellers. Here is a
personal example. I bought a home and
never questioned the wooden fence in the back yard. I later discovered it was built much too
close to the sidewalk and was built contrary to subdivision restrictions. I also discovered that the fence has been in
place for so long that it is now legal because it has “prescribed” or using the
terms of a crime, the status of limitations kicks in. But if I were to sell my home, I would still
disclose this to a potential buyer. Real
Estate agents know to ask questions like this; buyers typically do not know of
such things.
Should I work with an
agent from a small independent company? For
the most part it shouldn’t matter except for one thing. Real Estate agents oftentimes “know” of properties
that are coming on the market but they are not as yet listed with a real estate
agent. This is perfectly legal because a
seller may not want the general public or even other real estate agents to know
they are going to sell their home as yet.
The reasons for this are usually personal in nature but must be honored
by the agents. So when an agent
announces within the office they have a buyer for a particular type of home,
agents knowing of upcoming listings will typically contact their sellers to get
permission to share the information with the agent who has the buyer. When you work with a larger company you
simply increase the potential of this happening. Otherwise all licensed real estate agents who
are members of the local Board of REALTORS and subsequently members of the
local Multiple Listing Service (MLS), all have access to the same
information. Still, not all real estate
agents are the same. Some of far more
experience, some have far more training than others making them better and
hopefully more professional at what they do for their customers, buyers and/or
sellers. In this regard the size of the
company is not as important as you the buyer taking the time to ask qualifying
questions of the real estate agent you are about to hire and then taking the
time to follow up on their references.
Does the actual agent I
choose to work with make a difference or all they all pretty much the same? This is much the same
thing as the preceding section. Just
like all of your friends are not the same, neither are real estate agents. Some are very personable. Some are very knowledgeable. Some are very easy to get along with. Some are all of these things; some are none
of these things. A personal referral
from a friend or a real estate agent from your area that you have worked with
usually is a good referral and should work out for you very nicely. For example, if you put your home on the
market in Seattle and worked with an agent to sell that home, that agent could
and should refer you to an agent within the area you are moving to. Those are typically very good referrals for you. Still, it is your responsibility to take the
time to interview the agent you choose to hire to work for you and then follow
up on their own personal references. The
best question to ask is “Why should I work with you?” Asking past clients how it was to work with
so-and-so typically will provide you with the answers you need. Ask the agent for a list of references; good
agents will have them. Average agents
will not. One question that I like to
ask people and it comes from way out there in space, “What was the last book
you have read on the subject of real estate sales?” That tells me volumes. First most people don’t read books any more. If your potential agent tells you about a
book involving sales or better, real estate sales, you most likely have a good
agent to work with; they are staying on top of their business through
self-education.
What will my agent do
to hopefully enable me to buy a home? Ask them.
Seriously, ask them why you should be working with them and what they
are going to do to find that perfect home for you. Here is my list of things that “should” be
done but it is certainly not all inclusive.
·
Initial
qualifying interview.
Not only will it provide you with the opportunity to meet your agent but
more importantly provides an opportunity for your new agent to find out exactly
what you are expecting of them and exactly what you are looking for in your next
home. They will or should take this
opportunity to discover your “likes” and your “needs”. But most importantly of all, your agent should
take this time to introduce you to a qualified mortgage loan officer who will
work with you to ascertain the maximum amount of loan you can obtain. That will enable your agent to zero in on the
home of your dream at a price you can afford.
This is so vital in the process otherwise you will be wasting a lot of
time looking at homes you don’t like and maybe can’t afford.
·
Multiple
Listing Service (MLS).
Your new real estate agent will then search the MLS, preferably with
you, to find a list of homes that are currently on the market. Once a workable list has been created, your
agent will call the listing agents to find out if they are actually still on
the market and if any offers have been submitted on them (very important
information). Your action through conversation with other agents within their
company may come upon a home or two that
will be coming on the market as discussed above. A great question to ask you agent is if they
are a member of the local multiple listing service. If not, it is because they are not member of the
local board. It may be unfair to say,
but I would avoid working agents not a member of a Board and/or Multiple
Listing Service (MLS).
·
The
Process: Your new
agent should then discuss with you the buying process so that there are no
surprises for you. During this period,
you may be provided with copies of the various forms used to purchase a home
like the purchase agreement, disclosure forms, etc. This is the time when you should be asking
questions regarding anything you may not fully understand.
·
Buyer’s
Agent: This is one
of my favorite subjects. Home Sellers
typically sign an agreement to literally hire a real estate listing agent to
sell their home. Yet Home Buyers more
often than not do not sign such an agreement.
Why? Two reasons, First they have
not been introduced to the Buyer Agent process and Second, a lot of real estate
agents do not want to approach the subject.
Knowing what I know after 33 years, I would never buy a home through an
agent that does not ask me to sign a Buyer’s Agency Agreement Form. Why? I
want that agent working for me and the agreement spells out all of the
agreeable terms INCLUDING a way to terminate the agreement if I do not like
what my agent is doing or not doing or I later find out that my new agent may
be an agent that other agents would prefer not to work with – that is a bad
thing. It literally defines “this is
what I want to do as a buyer” and “this is what I will do for you as your agent.” It also defines how any compensation will
work and who typically pays the compensation (which is usually the seller in
most areas).
What are my options if
I don't like what my real estate agent is doing or not doing? Most buyers tend to work with an agent with
no paperwork defining what the agent will do or how you terminate your
relationship with the agent or the agent with you. It just happens and that is no way to do
business. If you do not have an
agreement in place as to how you terminate your business relationship, you are
on your own as to how you achieve this.
Usually you just tell the agent.
Let us say you verbally terminate your business relationship, does that
also then terminate any private and confidential information you may have
provided to that agent like your income, expenses, what you can afford,
etc.? In most states the agent is
required to safeguard that information but wouldn’t it make more sense to get
that type of agreement in writing with your agent? Again, what would I do if I were to buy a new
home? I would find an agent who would be
knowledgeable about Buyer’s Agency and be in agreement to sign such a document
with me that includes what I want it to include.
Who has the authority
in this new business relationship? This is a great question to know and ask. When you work with an agent, who has the
ultimate authority over what that agent does?
In some companies that authority rests with the Designated Broker and/or
Manager for the company. In other words
the agent must get the agreement of that person to change the terms of your
relationship, advertise properties, or release you from your agreements. In some larger companies that authority has
been assigned to the actual agent you choose to work with. That is the type of agent I would choose to
work with – the one who has the authority to terminate our agreement if I am
not satisfied with the work of my agent.
I simply prefer to work with the agent who has the authority and not
have to worry about a third party, someone I don’t even know.
What if it is not a
good time to look at homes when asked to do so? Sellers often say they can’t show a home for
whatever reason but buyers as well find reasons not to look at a home when
their real estate agent calls to let them know about a new home on the market. The problem is that every real estate agent
who has access to the Multiple Listing Service (MLS) knows when a home comes on
the market for the first time and they too are calling buyers they are working
with to ask them to see the property.
When you tell your real estate agent you are too busy (for whatever reason),
you may be missing out on the opportunity to purchase the home of your dreams because
there will be a flood of activity on the new listings. Make it your policy to see homes whenever
asked whenever you can.
Get Pre-Qualified! The home buying process
goes much easier when you take the time to meet with a mortgage loan officer
and begin the loan application and qualification/approval process BEFORE you
look at the first home. Why? First you will know exactly what you can
afford to buy and save considerable time NOT looking at homes that you cannot
possibly buy. Far more importantly, if
you can actually become pre-approved for a loan contingent ONLY upon finding a
qualifying home that appraises for the sales value, you are looked upon as a
cash buyer by real estate agents and that makes a huge difference in the buying
process. It means that you are ready to
buy, you do not have to wait out the mortgage loan process to ascertain if you
qualify for a loan, you have already been approved as if you have the cash in
your hand ready to purchase your next home..
This could actually result in a lower sales price for your home because
the application/approval process that could take weeks to complete has already
been completed and you could close on the home in a very short period of
time. This would be a great asset to
sellers of real estate and as such may look at a lower price for their property
because you are considered a cash buyer, already approved for the loan. Again, the ONLY contingency(s) would be
receiving a satisfactory appraisal on the home and any contingencies you the
buyer put on the home like a satisfactory home inspection. Becoming pre-approved for a loan is a very
good thing for a buyer to do, very good thing.
It removes the biggest obstacle in the buying process. As an example, let’s say that you the
pre-approved buyer and another non-pre-approved buyer make an offer on the same
home at the same time. A knowledgeable
seller or a seller represented by a real estate agent will look upon your offer
as being in the best position because you have already been pre-approved
whereas the other buyer is only beginning the loan approval process and there
is no guarantee that buyer could be approved whereas you already are.
What should I offer a
seller? My
suggestion would be a “fair price.” A
lot of buyers are very afraid that they may be paying too much for a new
home. Most if not all areas have built
in protection against this PROVIDED the home is being purchased using a
mortgage. Most if not all mortgage
companies require that the property be appraised and that means that the
property must appraise for at least the loan amount otherwise the loan will not
be issued. This brings up two
problems. If a buyer is paying cash,
usually there is no appraisal REQUIRED.
You, the buyer, can still purchase one and your purchase agreement
should contain a clause that indicates that the property must appraise at the
sales price otherwise the contract may be voided. The second problem is that mortgage companies
are more concerned that the property appraise for the amount of the loan you
are trying to obtain. Therefore if you
are putting $20,000 down (for example) on a $100,000 home, if the home is appraised
at $80,000, you probably will be required to purchase the home UNLESS the
contract stipulates that the property MUST appraise at the SALES PRICE. This is one more reason buyers should work
with licensed real estate agents to help insure they purchase not only what
they like but that what they like is worth what they have agreed to pay for it. By the way, that is another principle I
always used when selling real estate. I
always asked my buyers to buy what they love and love what they buy. I want them happy with their purchase.
Contingencies: What are they? Some may appear obvious such as the buyer
must qualify for a loan or the seller must provide a seller’s property
disclosure that is satisfactory to the buyer.
There can and should be other contingencies specifically addressed in
the offer to purchase and if not satisfied the buyer may cancel the purchase
agreement. What are these
contingencies? Only you the buyer can
answer that question. But for example,
if it is critical that your son and/or daughter attend a specific school, you
should write a contingency that the home is located in that school district; if
not you can cancel the agreement. You
may want to have the seller’s confirm in writing that to their knowledge the home
and/property have never flooded. You may
be coming into money through an inheritance, insurance settlement or otherwise
and as such you would want the purchase agreement to specify that the sale is
contingent upon actually receiving that money.
In other words, if something is important to you, include it in the purchase
agreement as a contingency that must be satisfied BEFORE the sale can be
completed. If the seller objects, it
becomes something that must be negotiated.
Questions you may want answers to include but certainly not limited to
are, can I park my boat and/or RV on the driveway or somewhere on the
property? Can I operate a business, say
a CPA business from my home? If there is
no fence are there any restrictions preventing a fence from being constructed
pt if permitted what type is permitted?
Another one may involve the number of insurance claims submitted against
the house (not the owner(s)) This number
could drive up the cost of homeowner insurance.
In fact you may want to include a contingency as to the maximum amount
of insurance, homeowner, flood, wind and hail premiums that you agree to pay
otherwise the contract can be cancelled.
You have ask yourself what is important to you and address it on the agreement
to purchase. When you do, don’t simply
address it, provide a time limit as to when the contingency must be satisfied
and if there is a cost involved, who is going to pay for it. Two areas of concern would be when two or
more homes share a water well or driveway access. In these cases you want the seller to provide
a well use and maintenance agreement and/or a driveway use and maintained
agreement – who is going to pay for the repair and upkeep of these two
entities. Mortgage companies should
required if they know about it.
Should I reject counter
offers submitted by sellers that they return to me? NEVER! NEVER!
NEVER! I truly believe that
for effective negotiations, always make the other party do the rejecting. If a seller counters an offer you made to purchase
their home, accept what you feel comfortable accepting and submit a counter
offer back to the seller even if it is the same offer you have already
made. Make the seller do the rejecting.
What should I disclose to
a seller or seller’s agent if anything?
NOTHING! This
is where buyers who are buying a home from a For Sale By Owner make huge
mistakes – they tell the sellers way too much about themselves and why they are
buying. Most of the time the more words
shared between buyers and sellers the buyers
lose their negotiating edge. For
example, my family is in town and we need to get into a home as quickly as
possible. This tells the seller that you
the buyer are desperate and therefore would stand by their price more
firmly. The reverse of this is also
true, sellers tend to tell buyer far more than they should, like we have to be
in Atlanta in three weeks – the price just went down. Let your real estate agent do the talking for
you. If you happen to see the seller, be
polite but say nothing more. NOTHING!
Should I get a home warranty? Would you buy a car
without a warranty? You shouldn’t. So why would you buy a home without a
warranty? You shouldn’t. Do all sellers purchase home warranties when
they list their homes? Absolutely not;
but should. If you are looking at a home
where there is no warranty, if you want the home, and if I were your agent I
would write into the contract that it is contingent upon the seller providing a
home warranty at the closing at the seller’s expense. They can always reject that portion of the
contract but if your contract is reasonable, most sellers agree to provide the
warranty. If you buy a home without a
warranty, you, the buyer, can purchase one and I would highly recommend
that. Very few For Sale By Owners offer
home warranties but you can still ask for one and should. Later in my real estate career, I refused to
take a listing when a seller refused to provide a warranty. I did not want buyers calling my sellers or
me when the air conditioning system suddenly quit working at 3:00 AM in the morning.
Should I get a home
inspection? ABSOLUTELY!
You are purchasing a home that may or may not have issues. A great many issues may be known by the
sellers and they may attempt to conceal them.
You should want to know what you are buying and what may need to be repaired. A home can be sold with defects as long as
the sellers disclose them to you. If
there are enough defects, the home should be priced accordingly if the seller
refuses to fix them. Warning, a lot of
home inspectors feel it necessary to make a long list of discrepancies so they
can prove their worth to the person purchasing the inspection. As a buyer, be prepared for this list. Review the list to see what would be minor
discrepancies that you would expect in an older home that has been lived in as
compared to major issues that may require a lot of money to repair. You can ask sellers to repair anything in the
home in your purchase agreement. A
seller can repair the item or refuse to repair it and then it is up to you to
decide if you want the home “as is” including the defects identified.
Final thought. Most of the time it does not cost you a dime
to work with a real estate agent when you buy a home. The real estate agent’s commission is typically
paid for by the seller. As part of your
Buyer Agency Agreement you may stipulate that you will pay your agent’s
commission and that is perfectly permissible.
When this occurs you usually deduct that amount from the price you are
offering the sellers for their property.
Income tax rules and regulations constantly change and you may want to
consult a tax expert to see if there are any advantages to you paying your real
estate agent when you buy a home. Seller’s,
for example, can reduce the cost of sale from the sales price to take full
advantage of income tax laws. Buyers at
one time could do the same thing but again, tax rules/laws change often –
consult a tax expert to ascertain what is best for you.
But wait! Buying your home could and should be made a
great deal easier when you work with a qualified real estate agent. Failure to do so opens the door to
unscrupulous sellers and other people involved in the sale of your home. Various real estate studies have shown that
the number of real estate contracts that actually close, meaning they sell, are
in the high 90% range when licensed real estate agents are involved. When you consider this plus the fact that 80%
to 90% of all buyers work with real estate agents should indicate that it is in
your best interest to work with a qualified, licensed real estate agent. In my opinion, buying your next home without
a licensed real estate agent is like walking a high wire without the benefit of
a net in case you fall. It is really
that simple!
Final thought: When you buy a home
from a builder there are things you need to know. Builders normally cannot discount the sale of
a home they build because it would ultimately adversely affect appraisals on
all of the other homes the builder builds. Therefore when you approach a builder who is
building in a subdivision, the builder will not deduct what the cost of a real
estate agent’s commission would be just because you do not have an agent representing
you. You normally pay the same price
whether you have an agent representing you or not. Therefore why would not hire a real estate
agent to represent you and take you through the process of buying a home under
construction? Most builders have built
the real estate agent’s commission into the sales price of the homes they are
building. Builders may say they look
after your best interests but this is not necessarily so. There are no laws requiring builders to be
totally honest with you. For example, a
builder may have built in the cost of a fence around the back yard. You indicate you want to buy the home you are
looking at but the fence has not yet been installed. Chances are you will get the home without the
fence. I am not trying to suggest
builders are dishonest only that unlike REALTORS, they do not have a Code of
Ethics guiding them in their business and they represent themselves not the
buyers buying their homes.
I
sincerely hope this helps buyers to be.
Just about any licensed real estate agent can answer these questions for
you. When you choose to NOT work with an
agent you are really on your own. With
so many legal things that can go wrong, that would not be my first or best
choice.