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October 25, 2018April 26, 2019

Real estate tin men

Beware the Real Estate Tin Men! “Tin men” was a term used to describe con-artists after the 1987 Barrie Levinson movie by the same name became a nationwide hit. The movie was about aluminum siding salesmen who did whatever they could to sell home improvements in 1963 Baltimore. The story revealed how everyday “schnooks” created the façade of a successful sales person, as well as revealing their unscrupulous sales tactics. The main characters are flawed and likable, so much so that you’re rooting for them as they are cross-examined at their MHIC license hearing.

Modern versions of tin men still exist. They exist in all professions. They are constantly refining their tactics to get your business. They will often tell you what you want to hear.

When it comes to buying and selling a home, beware of the real estate tin men! These are agents who will say and do almost anything for your business.

Many real estate agents still use tin men tactics. Real estate sales is difficult and many agents will do whatever they can to get a leg up on their competition and a chance at a sales commission. There is a subculture in the industry that is focused on pushing the ethical envelope to make money. This philosophy is spread by “gurus” and coaches who teach sales tactics, persuasion, and income strategies.

Unlike the world of 1963, when a salesman could easily lie to make the sale, today’s easy flow of information makes it unlikely that a real estate agent would flat-out lie. The internet has created a savvy and knowledgeable consumer by allowing easy authentication of information. However, the internet has not changed the real estate agent’s reputation for bending the truth, otherwise known as “puffery.”

Rapport is often built on appearances. Like the 1960’s tin men, many real estate agents also employ smoke and mirrors to help them appear successful. Although some still drive cars and dress beyond their means to “fake it,” many agents rely on technology for their trickery. The art of deception is widely used by agents who dare to manipulate data. Many real estate agents, who supervise other agents, take credit for MLS sales they had nothing to do with so as to appear they have many more sales (than they actually do). Likewise, many agents pay for fake internet reviews. Although many platforms screen for false reviews, agents continue to find ways to get fake 5-star reviews on websites, including incentivizing unsolicited otherwise 5-star reviews from clients.

Many real estate agents rely on gimmicks as a means of getting business. A popular agent promotion is “I will buy your home if it doesn’t sell.” The reality is that although the agent may offer to buy your home if they can’t sell it, the conditions actually don’t make it a viable option. Another oversold gimmick is “cutting-edge” marketing. The promise of cutting-edge marketing used to mean advanced and new. However, today cutting-edge real estate marketing is overshadowed by the truth that homes are primarily viewed on real estate internet portals, such as Zillow (all MLS listings are posted to these portals).

Most Realtors are ethical and do the right thing. A recent article by Jim Dalrymple II even touts broker (and agent) humility as the “new method” and business model (Humility, not arrogance, is the new real estate leadership trend; inman.com; October 17, 2017). And although real estate agents have increasingly been leaning towards transparency and authenticity, you should still beware of tin men.

Original located at https://dankrell.com/blog/2018/10/25/real-estate-tin-men/

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

October 11, 2018April 26, 2019

Quick sale investor promise?

Is a quick sale to a real estate investor worth it?

House flipping is a misunderstood industry. Sure, these investors promise a quick sale, but legitimate home flipping is valuable to the real estate industry and the community. Home flippers revitalize run-down homes, and market appealing homes to home buyers. In a low inventory housing market, home flips have become a significant percentage of home sales in a low inventory market.

House flipping data

ATTOM Data Solutions (attomdata.com), the data solutions behind Realtytrac, recently released its Home Flipping Report for Q1 2018. The report indicated that there were 48,457 U.S. homes that were flipped, which represented 6.9 percent of all home sales. Although the number of homes flipped decreased 3 percent from last year, the percentage of flipped homes in the home sale inventory increased! The number of flipped homes decreased to a two-year low, but the home flipping rate is the highest since 2012. The average gross profit of $69,500 is at the highest point since ATTOM started collecting the data in 2000.

Given the stats and profits, it was just a matter of time for the mom and pop home flipping business to become corporatized. Using the power of the internet and corporate financing, companies such as Opendoor, Offerpad, and recently Zillow have become players in house flipping business. Whether corporate flippers are profitable or have a sustainable business model is for another column. But, there is no doubt that home sellers are seduced by one-click instant offers and promises of a quick closing.

How real estate investors operate

House flippers are known to buy foreclosures and other financially distressed properties. However, these real estate investors also go after other properties too, as long as it’s financially feasible (it’s a business after all). Other types of targeted homes include estate sales, divorce sales, long-time rentals, and outdated or obsolete homes. So, if you haven’t already received a letter offering you a quick offer and fast closing, it’s just a matter of time.

For some home sellers, a quick sale to an investor is fitting. The seller is disposing of a home that would otherwise continue to be a financial burden and deteriorate further. However, many realize they can sell for more on the open market (MLS).

Is a quick sale to an investor all it’s cracked up to be?

If you’re thinking of selling your home (or even currently selling), you might be fascinated by the idea of a quick sale. But for most, the dream of selling for a large sum and closing quickly is just a fantasy. You should realize that home flipping is risky business, and the investors build their costs into their offer. So, be prepared for a really low offer. A typical investor offer is about 70 percent of the home’s value minus rehab, carrying, and marketing costs.

Before you sell to an investor, do your due diligence. Compare multiple investor offers. Verify that the investor is legitimate. Be wary of investors who include extended contingencies. Be aware that “wholesalers” will tie up your home while looking to sell their purchase contract to other investors. Although most investors promise “cash” deals, the reality is that most investors actually borrow money. It is not uncommon for investors to back out or default on a deal because their financing doesn’t come through. Most important, have your attorney review any contract before you sign.

Also, talk to a Realtor. You could possibly sell your home for more than the investor’s “instant” offer. Marketing your home on the MLS at a price appropriate for its condition could net you more.

Original is located at https://dankrell.com/blog/2018/10/11/quick-sale-promises/

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December 29, 2017October 20, 2020

Consumers are devolving real estate

Consumers directing real estate industry (infographic from househuntnetwork.com)

The National Association of Realtors annual Profile of Home Buyers and Sellers (nar.realtor) reveals insight into consumer real estate trends. It provides an understanding into home buyers’ and sellers’ experiences and what they want. One aspect of focus from the Profile is how consumers choose their real estate agent. The survey consistently indicates that a referral from a friend, neighbor or relative plays a big part in their choice. But how do buyers and sellers view real estate brands?

There are reams of research about the relationship between brands and consumers. However, recent data regarding millennials suggest that brand loyalty may be changing. Jeff Fromm’s article for Forbes (Why Label Transparency Matters When It Comes To Millennial Brand Loyalty; forbes.com; December 13, 2017) points out what consumers are looking for and what they deem important. Fromm states

“If the brand doesn’t provide the information they need, millennials will look elsewhere… when millennials make purchase decisions, they’re considering more than the traditional drivers of taste, price and convenience. They value authenticity, and make decisions based on the way they perceive brands to impact their quality of life, society as a whole, and how that brand may be contributing positively to the world.”

Real estate brokers and agents should pay close attention to the new consumer research.

This evolution of brand loyalty and how consumers perceive brands may explain the growth of independent brokers. A 2015 Special Report by Inman Select (inman.com) The Shift Toward Independent Brokerages indicates that the number of real estate agents affiliating with independent brokerages (not affiliated with corporate or franchise real estate companies) grew significantly over the last decade. The percentage of agents affiliating with independent brokers jumped from about 45 percent in 2006 to about 55 percent in 2015. About 80 percent of real estate brokerages are independent. And the trend is expected to continue.

According to the Special Report, the major advantage cited for affiliating with a brand name brokerage is brand awareness. However, there may be a limit to the influence of a real estate brand. Unlike retail brands, real estate brands do not have total control over the consistency and quality of the services provided. That is left to the individual agent. Independents, on the other hand, cite the ability to quickly adjust to consumers’ needs and being focused on the local real estate market as an advantage.

Yes, the real estate industry appears to be devolving. Another example of the devolution is a decreasing reliance on the MLS for home listings. It’s not to say that home sellers are not listing their homes with agents, because an increasing number of sellers are looking to agents for their expertise. However, brokers and agents are maintaining control over their inventories through alternative means of selling homes, such as pocket listings. An increasing number of brokers are also restricting their listings from internet syndication to increase the quality of information provided to consumers. Although it may sound counter-intuitive to not widely broadcast a home for sale on the MLS or internet, however, a lack of transparency remains a problem for some real estate aggregator portals.

Are real estate brokers and agents listening? The business of real estate is changing and devolving. Control over the industry has slowly been transferred to real estate consumers. Real estate consumers are savvy and intelligent. They know if a broker/agent is really focused on revenue streams, gimmicks and salesy techniques. Real estate consumers want agents and brokers who are authentic, transparent, and provide a quality service.

Original located at https://dankrell.com/blog/2017/12/29/consumers-devolving-real-estate/

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November 4, 2017November 23, 2021

Confidential information

A real estate agent, who allegedly represented Paul Manafort’s family, recently asserted his fiduciary privilege to avoid appearing in front of a grand jury. However, as Politico reported, his efforts were thwarted by a judicial opinion, and subsequently reported to the grand jury. But can confidential information be disclosed?

A fiduciary is generally described as someone who acts as a custodian of their client’s rights and/or assets. The fiduciary has a responsibility to act with honesty and integrity, as well as act in their client’s best interest and not exert influence or pressure on their client for their own or others interests.

Both the National Association of Realtors and the Annotated Code of Maryland (COMAR) reference directly and indirectly a real estate agent’s fiduciary obligation and handling confidential information. The NAR Code of Ethics Standard of Practice 11-2 states that a Realtor (when acting as an agent or subagent) has “the obligations of a fiduciary.” COMAR states about the brokerage relationship (MD BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 17-534):

“Except as otherwise provided by this title or another law, keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship to be kept confidential, unless (i) the client consents in writing to the disclosure of the information; or (ii) ) the information becomes public from a source other than the licensee.”

Of course, all jurisdictions are different, having their own laws and customs that govern the actions of real estate agents. Manafort’s alleged real estate agent claimed a fiduciary privilege under the DC and VA real estate statutes, which is similar to Maryland’s. However, in a recently unsealed Memorandum Opinion (www.dcd.uscourts.gov/unsealed-opinions-sealed-cases), Chief Judge Beryl A. Howell of the US District Court for DC believes that real estate agents don’t have an “absolute duty of confidentiality.” She opined that a real estate agent is not excused from complying with an obligation to respond to a grand jury. But what about confidential information?

Judge Howell wrote:

“The respondents take the position that a court order compelling compliance with federal grand jury subpoena is required to overcome the confidentiality protection afforded to real estate brokerage records under District of Columbia and Virginia law. They rely on identical provisions of District of Columbia and Virginia statutes that require a real estate licensee engaged by a buyer, such as the Clients, to ‘[m]aintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information.’ D.C. Code § 42-1703(b)(1)(C); Va. Code § 54.1-2132(A)(3) (emphasis added). The government does not dispute that these statutes extend confidential treatment to the subpoenaed information, but argues that ‘the laws do not impose an absolute duty of confidentiality on real estate agents’ or excuse compliance with ‘a legal obligation—enforceable by a federal court—to respond to the grand jury’s request for documents, testimony, or both.’”

A real estate agent’s fiduciary obligation and handling confidential information is not taken lightly. Thankfully, most real estate agents don’t face a grand jury subpoena. However, during the course of daily business, a real estate agent does have an obligation (whether by NAR Code of Ethics, their local statute, or both) of keeping their client’s personal and financial information confidential.

Original published at https://dankrell.com/blog/2017/11/04/revealing-confidential-information/

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August 6, 2017November 23, 2021

Real estate BS detector

DARPA issued a recent request for information seeking ideas about how to create automated capabilities to assign “Confidence Levels” to scientific studies, claims, hypotheses, conclusions, models, and/or theories. In other words, the Defense Advanced Research Projects Agency wants to create a BS detector. First reported by Adam Rogers for WIRED (Darpa Wants to Build a BS Detector for Science; wired.com; July 30, 2017), DARPA doesn’t look at it as rooting out “BS” but rather establishing the what, why, and how scientists know stuff. Imagine how this could be applied as a real estate BS detector!

The Defense Advanced Research Projects Agency’s stated mission on their website is “to make pivotal investments in breakthrough technologies for national security.” So, chances are that if they are able to devise a real working BS detector, you won’t know about it.

When it comes to real estate, people sometimes bend the truth. Additionally, real estate agents are known for “puffery” and are generally not trusted because of the salesy techniques they employ. But having a real estate BS detector would be huge breakthrough! Imagine being able to weed through the BS and nonsense that many real estate agents spout when they are clearly trying to sell. Wouldn’t it be wonderful to check your real estate BS detector, when an agent is pontificating about a house or themselves, to know if the agent is wasting your time? Unfortunately, the real estate BS detector is not a real device. However, there are strategies to help you detect real estate BS.

“Luke, trust your feelings.” Ok, there’s no such thing as a Jedi, but empirical research has demonstrated that intuition can be used to weed out lies. Many say they rely on their gut instincts to protect themselves. But the truth is that many ignore or don’t trust their intuition because the rational mind takes over and dominates. Increasing your intuition could help you detect the real estate BS and prepare for (and maybe prevent) regretful situations. Becoming more aware about your “gut feeling” can increase your intuition.

Being cynical can also help detect real estate BS. Don’t be rude of course, but questioning what others say helps you clarify and understand them at a higher level. It can also reveal untruths. Question all claims and over-the-top statements. For example, if you’re dealing with a real estate agent, ask for support to any assertion they make about themselves or their services. Ask to speak to their references. Also, ask for additional information that support their opinions on the housing market and deciding on a price to sell or buy a home.

Do your due diligence to discover real estate BS. After asking questions, take what others say or do during the real estate transaction at face value and take it upon yourself to verify it. It can save you a headache down the road. It’s easy to verify many aspects of the real estate transaction, because many local jurisdictions have their databases online. However, making a call or two to a helpful government employee is straightforward and can provide bonus information. Verify licenses of real estate agents, loan officers, and even home contractors. Verify permits of home improvements. Verify the local schools and the home’s zoning.

Finally, don’t feel pressured to do anything. The BS artist will make it seem as if you have to act immediately. But if you are not comfortable with the situation or are not yet ready, take a pause.

By Dan Krell
Copyright©2017

Original published at https://dankrell.com/blog/2017/08/06/real-estate-bs-detector/

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