Real Estate News and Commentary - news, commentary, and opinion

April 18, 2019April 22, 2019

Short sale is still relevant

Believe it or not it’s been over ten years since the financial crises and Great Recession, and the short sale is still relevant! And this is why…

Coming on the heels of a dismal January, the National Association of Realtors March 22^nd data release announced good news declaring a home sales “surge” during February (nar.realtor). February’s closings increased 11.8 percent, compared to January! But the bad news is that the number of sales also decreased 1.8 percent from last year. If you follow real estate news, you know that homes sales stats were disappointing during the winter. (Consider that 2018’s total existing home sales were lower than the previous year’s total, according to NAR’s statistics). February’s adjusted annual home sale rate of 5.51 million is lower than the same time last year, and pales in comparison to the 6.48 million home sales in 2006.

Although February was indeed a busy month, NAR’s March 28^th data release of the Pending Home Sale Index predicts a slow start to the spring market. Homes that went under contract during February decreased 1 percent from the previous month and decreased 4.9 percent from the previous year. This “forward looking index” indicates that next month’s home sales may disappoint.

But there is a silver lining. Home sale prices continue to rise, meaning that home owner equity is not eroding. February’s median existing home sale price increased 3.6 percent from the same time last year. And according to NAR’s statistics, home sale prices have risen for 84 consecutive months (which equates to 7 years of continued gains)!

There are many reasons for a short sale

Although home sale prices are rising, there are still many home owners who are underwater. According to Attom Data (attomdata.com), distressed home sales still account for 12.4 percent of all home sales. Of course, this is far from the 38.6 percent in 2011. And the percentage of distressed sale continues to decrease. However, the number is still significant.

It’s estimated there are millions of underwater home owners. There are a number of reasons why home owners may be underwater, including (but not limited to) years of deferred maintenance, or a negative equity mortgage. Many short sales today include investment properties. Some home owners don’t know they are underwater until they list the home for sale.

Although not as prevalent as in 2011, the short sale is still relevant! Many underwater home owners don’t have to sell, as they are not financially distressed, and are happy to stay put for many years. However, some are compelled to sell for a number of reasons (such as divorce, bankruptcy, etc.). Some underwater home owners may have a desire to move, but can’t because they are underwater (such as empty nesters and retirees).

If you think your home sale may result in a short sale, get the facts. Question what you hear from others and what you find on the internet. There is a lot of information circulating about short sales. A majority of the information is either misleading, erroneous, and/or outdated. Consult with an attorney who negotiates sales to help you understand the legal aspects. Also consult your accountant for the financial implications.

There is much to consider, and a lot at stake! Be careful when considering your listing agent. Due your due diligence and hire an experienced short sales agent that knows the process and is savvy about appealing lender values. Many listing agents will give up on a short sale, mostly because it’s hard work. So most important, make sure your agent has a track record of getting the short sale to settlement.

Original published at https://dankrell.com/blog/2019/04/17/short-sale-is-still-relevant

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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.

April 15, 2019April 22, 2019

Over-aggressive agent harassment

Something has happened in the last few years where unsolicited phone calls and text messages have hit critical mass. It’s bad enough that unscrupulous individuals take advantage of technologies, such as phone number spoofing, to scam consumers. But it’s not a good sign for an industry when “professionals” abuse technology without regard to the law. You’re not alone if you’re feeling harassed by over-aggressive real estate agents who place multiple unsolicited calls and texts daily. There is a way to stop the over-aggressive agent calling and texting harassment.

When over-aggressive real estate agents abuse technology

Like other industries, technology has been integral in evolving the business of real estate in the last twenty years. As a result of proper application, consumers are empowered. However, some technologies are abused by real estate agents. The combination of aggressive sales tactics and technology can sometimes go over the line and become harassment. Recent lawsuits highlight alleged abuse of technology by real estate agents.

A recent class action lawsuit filed in California is taking on real estate agents who “cold call.” Realtor Magazine (Cold Calling in Real Estate Under Fire in New Lawsuit; magazine.realtor; April 8, 2019) reported that the suit originated from a request for the defendant brokerage to stop directing their agents to make unsolicited calls. The suit alleges that calling without consent violates the Telephone Consumer Protection Act and unsolicited auto-dialer calls violate the Federal Trade Commission’s National Do Not Call Registry.

The plaintiff alleges that he received unsolicited calls from multiple agents affiliated with the same brokerage to his cell phone, which is listed with the National Do Not Call Registry. The calls solicited to re-list his home after it did not sell. Although it’s sometimes easy to find a phone number (typically a land line) associated with a property, the plaintiff said his cell phone was not associated with the property listing in any way.

Two other lawsuits filed earlier this month in Florida focus on unsolicited texting. In one, the plaintiff alleges they received thousands of unsolicited text messages, violating the Telephone Consumer Protection Act, advertising homes for sale. The other alleges the use unsolicited texting to find potential home sellers.

Haru Coryne, for the Real Deal, reported that the suits are really about the abuse of auto-dialer technology that transmits “thousands” of text messages from a spoofed local number (Unsubscribe! Resi brokerages sued over text message spam; therealdeal.com; April 4, 2019). The founder of a popular real estate technology platform acknowledged to Coryne that real estate agents who use these technologies without knowing the law can get into trouble. He further stated, “A typical real estate agent will have five, six, seven programs, probably never took the time to see what the law is. [But] Just because they offer it doesn’t mean you can abuse it. It’s like eating candy and wondering why you’re getting fat. You can’t take technology and abuse it and wonder why you’re getting sued.”

There are many platforms selling these services to real estate agents. New technologies mine data (including emails and phone numbers) and “communicate” with consumers (including internet auto-dialers). There are several popular services that sell contact information (including cell phone and email) for expired listings and Sale by Owner. The data can be used in conjunction with text/email broadcasting, phone number spoofing, and auto-dialers. Many consumers feel harassed by the over-aggressive agent because they are bombarded with auto-dialers, texts, and emails, after opting-out or asking the agent to stop.

Stopping the over-aggressive agent

If you want to stop unsolicited calls and texts from the over-aggressive agent, simply opt-out. If they continue, contact the agent. Contacting the agent should put an end to the unsolicited communication. However, you may have to call the agent’s broker. If, in the slight chance, you continue to be bombarded with unsolicited communication after opting out and contacting the agent’s broker, you may have to consult an attorney.

This can be a watershed moment for the industry to educate consumers about professional Realtors and reign in the “bad actors.” The National Association of Realtors (nar.realtor) and local Realtor associations advocate for the responsible use of technologies and cold calling. With regard to telemarketing, the NAR states, “There’s no fine line or gray area: There are laws you must not break. But you still have a lot of flexibility on the right side of the law.”

Original located at https://dankrell.com/blog/2019/04/14/over-aggressive-agent-harassment

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April 9, 2019April 22, 2019

After you move in

Moving into your new home is exciting. You just went through an intensive process that tested your character. You feel a sense of relief it’s over. But the work is not over, it’s just beginning. What you do after you move into your new home can help maintain its value. It also can save you time, money, and keep your home functioning.

Of course, there are the standard items that needs immediate attention after you move in. Changing the locks is the number one item on the new homeowner list for obvious reasons. Deep cleaning the home is a task that is also performed, especially if the previous owner had pets. Keep all warranty information, including a home warranty policy (if you have one), in a safe place so you can find it if you need it. Make sure you know where the water shut off valve and the main electrical breaker is located in case of an emergency. Change of address forms from the USPS need to be completed to ensure you receive your mail. A visit to the DMV is necessary to change the address on your driver’s license.

But what else can you do after you move in to make life easier in your new home? Revisit your home inspection report. If the home seller made repairs, make sure you keep those invoices (your agent should have asked for those receipts prior to closing). If there is a problem with any of the repairs, you can call the associated contractor to reinspect the repair. However, it’s likely that the seller didn’t repair everything in the inspection, or maybe they didn’t repair anything. Review the report to see which items require your immediate attention, or may require attention within the year. Make sure you install any missing safety items (such as smoke and carbon dioxide detectors). Taking care of the urgent items immediately will likely prevent expensive repairs down the road. Keep the list of items likely needing attention in the future, so you can check them when you conduct regular maintenance.

Next on the list , after you move in, is to create a maintenance schedule. For most new home owners, maintenance seems to be a dirty word. After all, you just moved in and the last thing you want to focus on is “upkeep.” But putting off repairs can make the likelihood of damage to your home and repair expense increase over time. Research has even verified that deferred maintenance lowers your home’s value. Your home inspection report also should have information about maintaining systems such as (but not limited to): HVAC, electric, plumbing, roof, and exterior.

If you haven’t yet created a maintenance budget, do it now. Some of the systems may need replacing sooner than others. Check your home inspection report for the systems’ age and average life expectancy. Start saving to replace systems (HVAC, roof, etc.) so it’s not as much of a financial burden when the time comes to replace them.

Life happens and so does the occasional surprise. It is not uncommon for maintenance and other “surprises” to occur your first year in the home. Although it may seem correct to blame the home inspector, they are not perfect. They are limited to what they can see. “Surprises” often occur in a system or area that was not observable during the time of the inspection. It is my experience that home inspectors make themselves available within the first year of ownership to answer questions relating to their report. Some will even reinspect the item in question.

Original published at https://dankrell.com/blog/2019/04/09/after-you-move-in/

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April 2, 2019April 22, 2019

Negotiating agent commissions

It’s no secret that residential real estate agent commissions are decreasing. Market forces has created new broker models that has put downward pressure on commissions. Many agents embrace consumers negotiating agent commissions.

If market forces are working in negotiating agent commissions, and commissions are decreasing, you might wonder about a recent class-action law suite.

If successful, an anti-trust class-action law suit filed March 6^th could potentially change the landscape of the residential real estate industry. The law suit alleges that the National Association of Realtors and a number of major real estate brokerage brands engaged in “anticompetitive practices.”

According to the law firm Hagens Berman (hbsslaw.com), “the lawsuit alleges NAR and the Big Four have enacted a set of anticompetitive policies intended to prevent competition among real estate brokers, as well as stopping buyers and sellers form negotiating commissions, including: Only allowing listing brokers to list a property on an MLS if the listing broker makes a unilateral, non-negotiable offer of compensation on the MLS to buyer brokers. Prohibiting buyers and sellers from negotiating buyer broker commission. Prohibiting brokers from disclosing commissions offered on MLS. Allowing brokers to take both buyer and seller commissions, if the buyer is not represented by a broker. This anticompetitive activity has been devised at the national level and enforced at the local levels.”

I am not an attorney, but I have been listing and selling homes for over seventeen years. These thoughts are my own. I am not speaking for anyone except myself. I am offering insight from my professional experience.

On the face of it the lawsuit assertions are false. First, the allegations make it sound as if home sellers have no choice in how they sell their home except to use a full-service exclusive real estate broker. As I wrote just last month, home sellers have many options in selling a home. Besides selling “By Owner,” there are multiple broker options as well, including (but not limited to) MLS placement services, limited services and à la carte.

These assertions also make it sound as if a home seller can only get an “exclusive right to sell” listing agreement with a real estate broker. But again, the home seller has options in the type of listing agreement and broker agency type. Because my space is limited and the issue of brokerage representation is technical, I won’t expound on the types of listing agreements and home seller representation. However, each type of listing agreement has specific benefits and disadvantages.

Furthermore, commissions have always been negotiable. And market forces have been in favor of consumers negotiating agent commissions. The lawsuit’s assertions about real estate commissions are misconceived and cliché. The matter of real estate commissions can be complex and depends on a number of factors, which can include (but is not limited to) market conditions, type of representation, types of services provided, among other things. Additionally, home sellers are not the only party to a transaction that negotiates commission. Home buyers who are represented by a broker negotiate the buyer agent commission as well.

The internet has created an empowered savvy consumer. Like other industries, public access to information (internet) has been a major factor in reducing real estate broker fees and commissions. Both listing broker and buyer agent commissions have decreased. The internet has allowed home buyers to find home listings on their own regardless of advertised buyer agent compensation, including non-MLS listings such as home builder and FSBO listings.

Although the NAR has yet to issue a formal statement, NAR vice president Mantill Williams was quoted as saying on Fox Business’ Bulls and Bears program, “We think this lawsuit is baseless and it has no merit. The state and federal courts have considered challenges to the MLS and they’ve concluded the Multiple Listing Service actually benefits consumers.”

Original published at https://dankrell.com/blog/2019/04/02/negotiating-agent-commissions/

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March 21, 2019April 22, 2019

Creating home staging vision

Although home staging has become entrenched in the home sale process, it doesn’t have to be a pricey way to prepare your home sale. Not only has it become part of the home seller experience, the home staging vision is now expected by buyers and their agents when they visit homes.

The spring home sale season is the perfect time for the National Association of Realtors to roll out the results of their 2019 Profile of Home Staging survey (nar.realtor). In a March 14^th press release, NAR President John Smaby summed up this year’s profile by stating, “Realtors understand the importance of making a residential property as welcoming and appealing as possible to potential buyers. While every Realtor doesn’t use staging in every situation, the potential value it brings is clear to both homebuyers and sellers.”

Staging may affect a home’s time on market, and it’s likely due to visual cues. Meaning that home staging vision helps the home buyer picture themselves living in the home. More than half of the agents who responded to the survey indicated that home staging reduces time on market. Forty percent of buyer agents said that home staging effects most buyers’ perceptions of a home. Eighty-three percent of buyer agents believe that home staging vision makes it easier to visualize living in the home.

It’s not surprising that agents agree that the most staging attention goes to the living room, kitchen, master bedroom, and the dining room. It’s not that these rooms have special significance, but rather it’s because it’s where people spend most of their time in the home.

The NAR survey also found that real estate TV shows has impacted home buyers’ views and expectations. Thirty-nine percent of buyers indicated that they experienced a more difficult home buying process than what they expected. Twenty percent of buyers reported being disappointed that homes they visited didn’t look like the ones portrayed on TV. While ten percent believe that homes should look staged as they are depicted in TV shows.

Not all agents stage the homes they list for sale. Only twenty-eight percent of listing agents said they staged all sellers’ homes prior to listing them for sale. Compared to the thirteen percent of agents who confessed that they only stage homes that they deem difficult to sell.

Does home staging affect sale price? It was noted that all agents surveyed indicated that home staging affected their home sale positively. Twenty-two percent of the agents reported an increase of up to five percent in buyers’ offers, while seventeen percent reported offer increases up to ten percent. Only two percent of the agents responded that it increased offers up to twenty percent.

But the idea of staging your home to get top dollar may just be traditional wisdom, as evidenced by NAR’s survey. One of the few studies on staging revealed that indeed, staging does not have a significant impact on sale price. Lane, Seiler & Seiler’s 2015 study (The Impact of Staging Conditions on Residential Real Estate Demand. Journal of Housing Research, 24,1. 21-35) concluded that although staging affects the home buying process and the buyer’s opinion and perception of livability, it’s not enough to result in a higher sales price. The authors stated, “These results stand in stark contrast to the conscious (stated) opinion of both buyers and real estate agents that staging conditions significantly impact willingness to pay for a home. As such, the findings are new and useful to a large group of stakeholders (sellers and agents).”

Original published at https://dankrell.com/blog/2019/03/21/creating-home-staging-vision/

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