Author: Dan Krell

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Bait and switch tactics by real estate agents

houseThe Federal Trade Commission (FTC.gov) states in its Advertising FAQ’s: A Guide for Small Business, “It’s illegal to advertise a product when the company has no intention of selling that item, but instead plans to sell a consumer something else, usually at a higher price…”, when describing “bait and switch” advertising.

The term “bait and switch” is sometimes bandied about by disgruntled consumers, when referring to their encounters with real estate agents. Although the scenarios depicted by the annoyed consumers require legal scrutiny to determine if the situations meet the definition of bait and switch as described by the FTC, it makes you wonder about what some agents are doing and/or saying to get business.

Bait and switch complaints are often about homes that are advertised for rent or sale, but are found to be off market after calling agent. These listings are often the result of listing syndication gone awry; or worse, “scraped” listing information (Internet scraping is when website data is taken and collected, often without authorization) reposted by an unauthorized website to attract traffic away from the website of origin.

Scraped listing information can float around cyberspace for months or years after a home has sold. Although there has always been an element of out of date listing information found on the internet; sham listings and unauthorized postings of listings used to lure consumers, are frequently cited by both consumers and agents because the information is often misleading or incorrect. And although some responsibility may be placed on the workings of the internet; some real estate agents may be to blame for using questionable advertising practices to get their phone ringing to attract home buyers. Such practices include: advertising other agents’ listings as their own, or advertising homes that are off the market.

The MLS syndicates and distributes home listing information across the internet to authorized websites, and updates the listings to maintain accuracy and integrity of the MLS. Although the internet seemed to coalesce for a brief time to present reliable home listings and other real estate information, while deterring scammers and rogue websites; the recent surge in home sales and other economics may be responsible for a return to a “wild west” atmosphere in cyberspace. This year’s reshuffling of MLS data access to major real estate portals, forcing some sites to find missing information elsewhere, is likely to have added some confusion.

Home buyers aren’t the only ones complaining; as some home sellers have similar complaints, saying they’ve been misled. Sometimes the complaint is that their agent “promised” a high sale price, only to be coerced to reduce the price at a later time; or the agent over-promised services that were never delivered.

It must be said that many buyer and seller complaints stem from their dissatisfaction, rather than an actual breach of ethics; and yet many legitimate ethical breaches go unreported. Regardless, it is unfortunate that some real estate agents resort to questionable sales tactics to attract buyers and sellers; and either learn the tactics from real estate trainers, and/or develop them on their own and share with other agents. Even though a Realtors® Code of Ethics exists to guide professional behavior and business practices, some have a “catch me if you can” attitude.

Due diligence, on your part, can make your home buying or selling experience increasingly trouble free and more enjoyable.

Original published at https://dankrell.com/blog/2015/07/23/bait-and-switch-tactics-by-real-estate-agents/

By Dan Krell

Copyright © 2015

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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.

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Real estate horror stories question the limits of seller disclosure

real estateProperty disclosure laws are mostly straightforward about making known the physical condition of a home that’s for sale. However, whether or not to disclose other material facts, that may include events that occurred in and around the home, is not always clear. Material facts about a home are often described as information that may sway a home buyer’s decision about the purchase or purchase price. Some of the more familiar material fact cases that are typically reported in the news include haunted homes and unruly neighbors. Yet, these two recent accounts have again raised the question and debate about what the seller and the real estate agent is obligated to disclose.

Sounding like a plot of a horror movie, it is the real estate horror story of a New Jersey family. Philadelphia’s WPVI-TV (New Jersey family says they are being stalked at new home; 6abc.com; June 22, 2015) reported on a family that was allegedly stalked through creepy and threatening letters. The new home owners started receiving these letters several days after closing on their million dollar home.

The letters were described as written by the “Watcher,” who claimed to be the latest of his family to watch the home with such statements as the home has been “the subject of my family for decades…” Other letter statements include “Why are you here? I will find out…” And, “I am pleased to know your names now and the name of the young blood you have brought to me.”

According to Tom Haydon, who reported on the lawsuit for NJ Advance Media (Lawsuit: ‘Bring me young blood,’ stalker told Westfield home buyers;nj.com; June 19, 2015), the new owners were so disturbed by the letters that they never moved into their new home; and have been trying to sell it. The family is suing the seller alleging that the seller knew about the “Watcher” because the seller did not disclose that they allegedly received a similar letter prior to closing.

You’ve heard about “Snakes in a Plane?” This next story is about an Annapolis MD family who experienced “snakes in a house.” David Collins reported for Baltimore’s WBAL-TV (Snake-infested Annapolis home rattles owners; wbaltv.com; June 5, 2015) about the snake infested home. Detailing the new owners’ nightmare; they said they used a machete as defense against snakes that reportedly dropped from ceilings, and slithered from the walls.

To rid the home of the snakes, the owners described how they ripped out walls, and tore up the ground around the foundation. However the report indicated that “experts” told the owners gutting the home may not guarantee the snakes would return because the snake pheromones and musk could attract new snakes; and that the home should be left vacant for fifteen years to rid the home of the musky odors.

The new owners allege that their insurance will not cover a claim, nor is their mortgage lender willing to help. The new owners are suing the real estate agent and broker for allegedly not disclosing the snakes; there are also allegations that the tenants who lived in the home prior to the sale, moved out because of snakes.

Legal experts across the country have weighed in on these extraordinary stories, only to illustrate how a seller’s obligation to disclose varies regionally. If you are selling a home and have questions about your obligation to disclose, consult your real estate agent and your attorney.

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Are you feeling lucky? Belief in luck may boost home sale

houseLuck is not an attribute that real estate agents will talk about during their listing interview. It’s true. Agents are apt to discuss many things, such as their success, their view of the market, and hopefully what they will do for your listing; but they won’t acknowledge that luck, or serendipity, may have had something to do with the success of some of their transactions. Recent research indicates that luck is actually an important characteristic in sales; and some are “luckier” than others.

Joël Le Bon, Professor of Marketing at the University of Houston’s Bauer College of Business, has been studying the relationship between sales and luck for some time. He recently discussed his research for the Harvard Business Review (Why the Best Salespeople Get So Lucky; hbr.org; April 13, 2015) saying, “…downplaying the power of luck, you stand to fall behind competitors who have learned how to manage it.”

That’s right – managing (or provoking) luck. Even though many “de-emphasize luck” and focus on tangible and measurable actions, Le Bon’s studies show that the combination of the belief in luck and specific sales behaviors have a mutual positive relationship. More precisely: believing in luck has a positive effect on sales behaviors; and exhibiting a specific set of behaviors increases the person’s luck in sales.

Le Bon gives an example how managed or “provoked” luck effects sales. A study of students selling golf tournament sponsorships revealed that those who believed in luck increased their sales 41% over those who relied on “standard sales practices.” And that “76% to 88% of the luck circumstances were incidences of provoked luck.”

Among the luck boosting behaviors that Le Bon listed, includes: competitive intelligence, mindfulness, and change circumstances are relevant to home sales. Those who are luckier tend to be: knowledgeable about the market, competitors, customers and prospects; mindful about their customers’ objectives and open to unexpected opportunities; and thinking outside the box by going outside their comfort zone and seeking new opportunities outside their sphere of influence.

Many successful listing agents also have these traits. Although not attributed to luck, their success could be viewed as “provoked” serendipity. However, they are often able to convert Le Bon’s list of actionable behaviors into successful sales and satisfied clients. Pricing homes accurately requires knowledge of local neighborhood sales trends, not to mention the overall market. Successfully negotiating transactions requires an understanding of buyers and their agents, as well as communication skills. Servicing a listing and being attentive to their clients requires being aware and addressing their needs. And of course, going outside their sphere of influence allows contacting and connecting with more prospective home buyers to sell their listing.

Even though luck, as such, is not recognized as an asset for your listing agent to possess; belief in luck seems to be part of a repertoire of beliefs typically described as a positive attitude – which has been demonstrated time and again as having positive effects on sales outcomes.

However, it’s not just your agent’s beliefs and actions that can affect your home sale. Your attitudes and beliefs can also facilitate or interfere with the sale. If you have a strong emotional attachment to your home, or have unrealistic expectations; your home may not sell, or you may be unsatisfied if it does –regardless of your agent’s skills. But then again, maybe all you need is a little luck.

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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.

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Boomerang buyers return – qualifying after foreclosure or short sale

Homes

There is homeownership after a foreclosure or short sale. Home owners, who lost their homes to foreclosure or short sale during the housing downturn and recession, are apparently returning to the housing market in increasing numbers, such that their home buying activity is attracting economists’ attention.

Ken Fears, the National Association of Realtors® Director of Regional Economics and Housing Finance, wrote for the NAR Economist’s Outlook Blog (Return Buyers Prefer Safe, Affordable Financing; economistsoutlook.blogs.realtor.org; June 25, 2015) about the research and numbers associated with home buyers who previously lost a home. These “boomerang buyers” accounted for about 8% of home sales during 2014. Considering that there were about 9.3 million home owners who lost their homes between 2006 and 2014, the estimated 350,000 boomerang home buyer sales during 2014 may be just the beginning of the “homecoming.”

If you are a boomerang buyer, there may be a home in your future. Conventional, FHA, and VA mortgage underwriting guidelines have typically allowed for foreclosure, short sale, or bankruptcy with re-established credit and a waiting period. However, easing mortgage requirements may make it easier for you to qualify for a mortgage.

Fannie Mae underwritting guidelines (fanniemae.com) require you to wait at least seven years after a foreclosure, which is typically measured from the reported foreclosure completion date. If you had a short sale, the waiting period is four years. However, if you had a bankruptcy, you’ll have to wait four years after a chapter 7 bankruptcy is discharged; and two years after a chapter 13 is discharged (but four years if the chapter 13 is dismissed). However, if you had multiple bankruptcies within a seven year period, a five year waiting period from the most recent discharge or dismissal date is required.

FHA (hud.gov) has changed significantly in recent years. Besides reducing waiting periods due to extenuating circumstances, there are various caveats that may further reduce your waiting period. Nevertheless, the typical waiting periods include: three years after a foreclosure, two years after a chapter 7 bankruptcy discharge, and one year if you are current on a chapter 13 payment plan. The waiting period after a short sale is differentiated depending if the loan was in default: if the loan was not in default at the time of the short sale and your previous 12 months payments were timely, you may be eligible for a FHA mortgage without waiting; however if the loan was in default prior to short sale, you will have to wait three years.

If you are eligible for VA financing (benefits.va.gov), you will have to wait two years after a foreclosure, short sale, and chapter 7 bankruptcy (one year into a chapter 13 payment plan with court approval). However, if your foreclosure or short sale was on a VA mortgage, then your eligibility amount may be reduced.

Waiting periods may be significantly reduced if you can document that your foreclosure, bankruptcy, or short sale resulted from extenuating circumstances. However, such applications are subject to underwriter discretion; and not all lenders grant such exemptions.

If you are a boomerang home buyer, it is crucial that you consult with a lender before embarking on the home buying process. Besides guidance on mortgage eligibility, your lender can help you determine the appropriate mortgage for your circumstances. And as your lender will tell you, timelines and qualifying requirements are subject to change.

By Dan Krell
Copyright © 2015

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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.

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EMP’s, solar flares and your home – are you prepared

homes

Your home takes on different functions at various times. Maybe you think of your home as place of relaxation and entertainment, or maybe it’s where you create gourmet meals. And although much of the living you anticipate in your home may be for enjoyment – will your home be a suitable shelter to protect you and your family?

To bring attention to preparedness, the Centers for Disease Control (cdc.gov) played on pop-culture in a 2011 posting of a tongue in cheek account of preparing for the Zombie Apocalypse. The result of this and other efforts increased awareness of planning for emergencies and severe weather. As a severe weather event might inconvenience you for as much as a day or two, preparedness experts have since turned to preparing for and the aftermath of Katrina-like events, or worse – the takedown of the electric grid.

Preparedness experts have recently brought attention to the electric grid’s vulnerabilities with reports of hacking and alleged terrorist activity. However, one weakness that has been talked about in recent years, although has been known since the cold war, is the electromagnetic pulse (EMP). R. James Woolsey and Peter Vincent Pry, in their August 12, 2014 Wall Street Journal article (The Growing Threat From an EMP Attack; wsj.com), describe EMP’s, the aftermath, and preparedness. Woolsey and Pry quoted a 2008 EMP Commission report that estimated “within 12 months of a nationwide blackout, up to 90% of the U.S. population could possibly perish from starvation, disease and societal breakdown.”

Alternatively, the effect of a direct hit of a coronal mass ejection (CME) would be very similar to an EMP; causing “widespread power blackouts, disabling everything that plugs into a wall socket…” Although 1859 was the last time a CME hit the Earth (when most of daily life did not depend on electricity), a CME barley missed the Earth (by several days) during July 2012. Scientists estimate a 12% chance of being hit by a CME in the next ten years (Near Miss: The Solar Superstorm of July 2012; science.nasa.gov; July 23, 2014).

Although discussions about EMP’s and CME’s seem extreme; it should make you think about your preparedness level. If you don’t yet have (or need to update) a plan, preparedness information is available through government agencies such as the Federal Emergency Management Agency (ready.gov). FEMA’s “Are You Ready? An In-depth Guide to Citizen Preparedness” interactive course is “a training program designed to help the citizens of this nation learn how to protect themselves and their families against all types of hazards…” and is a comprehensive source on individual, family and community preparedness (www.ready.gov/are-you-ready-guide).

Locally, the Montgomery County Office of Emergency Management and Homeland Security offers a resource library of information to prepare for and the aftermath of emergencies (montgomerycountymd.gov/oemhs/).

In addition to having an emergency plan, experts recommend reviewing your homeowners’ insurance policy to ensure of adequate coverage as well as compiling an inventory of your home’s contents; this is supposed to help you recover quicker from disaster. Additional recommendations include (but are not limited to) mitigating weather related damage: making sure your home’s doors and windows are secure and impermeable to weather, and also ensuring your roof and gutter system is well maintained (draining water at least five feet from your home); as well as removing debris and dead trees/shrubs from the home’s perimeter.

By Dan Krell
Copyright © 2015

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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.

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