home buyer Archives - Page 8 of 41 - Real Estate News and Commentary

January 3, 2019December 13, 2022

New home diligence

It’s understandable that new homes are alluring. After all, newly built homes are modern and efficient. And there is the idea that new homes require minimal maintenance for the first year of ownership. But new homes are not flawless.

Last week’s Florida’s Attorney General home builder settlement is the latest reminder that new home buyers need to exercise due diligence. The multi-million-dollar settlement with PulteGroup, Inc came after a two-year investigation. A simultaneous complaint alleges that the home builder violated the Florida Deceptive and Unfair Trade Practices Act by: failing to disclose to certain home buyers in Florida that the homes were being constructed in violation of applicable building codes; unfairly denying certain homeowners’ repair claims for various reasons: unfairly denying certain Florida homeowners’ repair claims without performing an adequate inspection of the home; and unfairly withholding a customer’s deposit in certain instances. The details of the settlement can be found in the Florida AG’s December 28^th news release (myfloridalegal.com).

This settlement comes two years after the Florida AG entered into a settlement with KB Home in 2016 for similar alleged complaints.

Home builder complaints are more common than you think. In fact, Home builder complaints occur throughout the country alleging violations that may include (but not limited to): code violations, improper warranty denials, and improper handling of deposits.

Maryland’s Attorney General fined NVR Inc in 2012 because it was alleged that required warranty protections were omitted from their subsidiary new home contracts. A number of other home builders were fined that year for failing to register with the Consumer Protection Division’s Home Builder Registration Unit. And in 2016, the Maryland AG filed charges against a Rockville home builder for alleged violations of the Home Builder Registration Act, the Maryland Express and Implied Warranties Act, and the Consumer Protection Act. And more recently, the Maryland AG filed charges in September against a Baltimore County home builder for allegedly “failing to comply with Maryland’s Home Builder Registration Act, Consumer Protection Act, and the Custom Home Protection Act.”

Unfortunately, many home buyers let their diligence lapse when buying a new home. New home builder reps are friendly, helpful and often appear to be on your side, so it’s understandable how a home buyer may misconstrue the builder rep’s loyalties. However, when buying a new home, you should conduct your due diligence. You should also consider hiring a Realtor and a licensed home inspector to assist you through the new home buying process.

When buying a Maryland new home, you should know that the state regulates home builders. Before considering a home builder, make sure that the home builder is registered with the Consumer Protection Division’s Home Builder Registration Unit. Before entering into a contract with the home builder, review and understand the contract. You may want to consult an attorney to make sure that your Maryland new home contract complies with the state requirements.

You should also keep in mind that Maryland has established a Home Builder Guaranty Fund that is overseen by the Consumer Protection Division. The fund allows consumers to seek recourse “for losses resulting from an act or omission by a registered builder who constructs a new home for a consumer.” For additional information about due diligence when buying a new home and obtaining the handbook “Buying a New Home, Consumer Rights and Remedies Under Maryland Law,” contact the Maryland Office of Attorney General’s Consumer Protection Division (marylandattorneygeneral.gov/Pages/CPD).

By Dan Krell.
Copyright © 2019.

Original published at https://dankrell.com/blog/2019/01/03/new-home-diligence

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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.

December 29, 2018July 22, 2019

Real estate futurism

Humans are fascinated with the future and technology. Whether it’s the promise of hope and deliverance, or the warning of a dystopian nightmare, there will always be a continued conjecture of the future. And it’s no different with real estate. Real estate experts also like to dream about the future and technology, and depict real estate futurism

Housingwire is one the foremost authorities on anything real estate and housing. It also is a leader in reporting about real estate technology too. This year’s reporting of Housingwire’s Tech100 Awards caught my attention. But it wasn’t about some shiny new technology that is touted to be “the next big thing.” Instead, it was the real estate futurism prediction and where real estate technology is headed (Expert: Here’s where real estate tech will be in five years, And will AI replace humans?; housingwire.com December 21, 2018).

Although the article was only one expert’s opinion of real estate futurism, it’s telling nonetheless. The expert sees that tech assisted appointments and automatic doors are technological advancements. Additionally, home buyers will be using virtual reality to view homes. He sees that consumer searches are geo-located. Big data will know what they want based on their online behavior, and so on. If his list of the industry’s future tech sounds as if it came from the early 2000’s, you’re not alone. If you think about it, much of this five-year tech advancement prediction has already been around in one form or another.

This expert’s vision of real estate tech in the not-so-distant future is basically more of the same. It makes you wonder if the real estate industry is focused on using shiny things to get people’s attention (but really doesn’t do much to make the transaction easier and safer). This interview also signifies that real estate futurism is relegated to existing tech. In other words, real estate technology is not exclusive unto itself, but is only the application of existing technology.

Predicting the future is difficult and requires the ability to depict a new paradigm. Spyros Makridakis, an expert in understanding future technology, writes that tech advancement depends on four things; (1) the benefits of the technology, (2) funding to create/implement the technology; (3) growth in funding the technology; and (4) the urgency to solve a problem (Forecasting the Impact of Artificial Intelligence, Part 5:The Emerging and Long-Term Future; The International Journal of Applied Forecasting; 2018; issue 51 p36-41). Makridakis’ vision of future technology will not be about shiny things that make you go “ohh,” but instead how you interface with technology.

Makridakis’ prediction for the future is that you won’t be using computer screens like you do today. Instead, you will have a type of wrist device that projects holographic images that will “blend virtual and augmented” reality. These devices will be like your smartphone but allow holographic communications. Additionally, brain-computer interfaces will allow you “unlimited access to computer power.” He believes that this paradigm shift will affect how you work and interact socially. He also believes that robots will become personal assistants and be assigned the boring and uninteresting work.

Real estate futurism based on Makridakis’ futuristic thinking could mean a slightly different home buying and selling process. Your augmented brain-computer interface will allow you to process information about a home significantly faster, as well as digitally sign AI prepared contracts and closing documents. And instead of scrolling through pictures or wearing a virtual reality mask, you will be walking through holograms of homes right in our living rooms projected from your wrist.

Original located at https://dankrell.com/blog/2018/12/29/real-estate-futurism

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December 7, 2018April 23, 2019

Civil asset forfeiture

Can your home be seized through civil asset forfeiture? Consider the ongoing and expanded effort to identify cash purchases of residential real estate to catch criminals.

An imminent Supreme Court decision on Timbs v. Indiana could have implications on your home and property. Although the case is about excessive fines brought on by a state, it highlights the issue of due process in civil asset forfeiture. To bring you up to speed, the case is about the seizure of an Indiana resident’s $42,000 Land Rover by the state of Indiana, although his drug related fine was only $10,000. The Land Rover was allegedly purchased from cash obtained from an insurance policy, instead of illicit monies.

Civil asset forfeit is a when the government (federal, state, or local) confiscates your property when you are suspected of a crime. You don’t necessarily have to be charged or convicted of the crime. Civil libertarians criticize governments and law enforcement agencies for abusing civil asset forfeiture for profit. Maryland is one of the many states that have recently passed legislation reforming civil asset forfeiture. However, Congress has yet to pass a civil asset forfeiture reform bill.

In their effort to fight money laundering and mortgage fraud, the Financial Crimes Enforcement Network (fincen.gov) recently stated that their Geographic Targeting Orders (GTOs) program has “provided valuable data on the purchase of residential real estate by persons implicated, or allegedly involved, in various illicit enterprises including foreign corruption, organized crime, fraud, narcotics trafficking, and other violations. Reissuing the GTOs will further assist in tracking illicit funds and other criminal or illicit activity…”

Previous GTO’s required title companies to report all-cash transactions that met specific criteria. The purpose was to track and identify individuals who mask their identity behind shell companies. FinCen found that the GTO program provided “valuable data on the purchase of residential real estate by persons implicated, or allegedly involved, in various illicit enterprises including foreign corruption, organized crime, fraud, narcotics trafficking, and other violations.” So much so, that A November 15th press release revealed expanded reporting criteria and metro coverage. FinCen believes that the “reissued GTO” will assist in “tracking illicit activity.”

FinCen’s targets were previously limited to suspected foreign entities purchasing luxury properties. However, FinCen is becoming increasingly aggressive to include more transactions and individuals in their reporting criteria.

Two years ago, I reported on the expansion of the FinCen’s interest in fighting mortgage fraud and money laundering through residential real estate transactions. A January 13th 2016 FinCen release stated their intention in expanding their anti-money-laundering efforts to cash purchases of luxury real estate. The GTO was supposed to help learn about the risk posed by “corrupt foreign officials, or transnational criminals” who were suspected of “secretly” buying of luxury real estate in certain metropolitan areas.

Previous GTO’s focused on the cash purchases of luxury homes (over $1 million) in limited metro areas. However, in their November 15th revision, FinCen lowers the reporting threshold of cash purchases to $300,000. Additionally, the metro areas of interest have been expanded to include certain counties Boston, Chicago, Dallas-Fort Worth, Honolulu, Las Vegas. Los Angeles, Miami, New York City, San Antonio, San Diego, San Francisco, and Seattle. Additionally, title companies in those metro areas are also to report “natural persons” behind shell companies used in all-cash purchases of residential real estate, as well as virtual currency purchases.

Original published at https://dankrell.com/blog/2018/12/07/civil-asset-forfeiture/(opens in a new tab)

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November 1, 2018July 21, 2019

Buyer and seller attitudes about real estate market

Economists are officially pessimistic about the housing market. This is the general sentiment following another month of declining home sales. Experts are pointing to a number of factors for the slowdown, including increased interest rates and housing affordability. But what are home buyer and seller attitudes about real estate? The National Association of Realtors’ most recent Housing Opportunities and Market Experience survey hints at a busy spring!

Economic attitudes about real estate market

An October 19^th NAR news release (nar.realtor) reported that September’s home sales were the weakest in several years. The nationwide trend affected all regions. NAR chief economist Lawrence Yun stated:

“This is the lowest existing home sales level since November 2015…A decade’s high mortgage rates are preventing consumers from making quick decisions on home purchases. All the while, affordable home listings remain low, continuing to spur underperforming sales activity across the country.”

First-time-home-buyers are finding the housing market increasingly challenging. This segment’s participation needs to be strong for a healthy home sales. September’s low thirty-two percent first-time-home-buyer participation is attributed to rising interest rates and home prices.

But low housing inventory is also an issue. September’s housing inventory decreased to 1.88 million existing homes available for sale (from the 1.91 available during the previous month). NAR President Elizabeth Mendenhall stated:

“Despite small month over month increases, the share of first-time buyers in the market continues to underwhelm because there are simply not enough listings in their price range.”

Economists at Fannie Mae believe that the housing market will continue to disappoint. In an October 18^th press release (fanniemae.com) Fannie Mae Chief Economist Doug Duncan stated:

“Our expectations for housing have become more pessimistic. Rising interest rates and declining housing sentiment from both consumers and lenders led us to lower our home sales forecast over the duration of 2018 and through 2019. Meanwhile, affordability, especially for first-time homebuyers, remains atop the list of challenges facing the housing market.”

But what do economists really know about the future? Let’s hear it directly from the consumer!

Home buyer and seller attitudes about real estate

NAR’s Housing Opportunities and Market Experience survey tracks opinions from renters and homeowners about homeownership, economy, and the housing market. The release of their third quarter 2018 survey indicates that sixty-three percent of respondents strongly or moderately believe that it’s a good time to buy a home. Although optimism is somewhat diminished from the second quarter’s survey, there continues to be a positive sentiment about buying a home. The survey’s positive sentiment continues even though a majority of respondents believed that home prices will continue to increase in the immediate six months. Additionally, a majority of respondents believe that qualifying for a mortgage may be an obstacle to a home purchase.

The survey also concurs with other metrics indicating high consumer sentiment for the economy. In light of the recent slide in home sales, NAR’s recent Housing Opportunities and Market Experience survey reveals “a near-record high of sixty percent of households believe that the economy is improving.” Adding to the strong sentiment is the survey’s increased monthly Personal Financial Outlook Index, which indicates that respondents believe that their financial situation will be better in six months.

The survey also indicates a record high of home sellers who believe it is a good time to sell a home. But given the seasonal decline of housing inventory, it is likely this will translate to a surge of home listings in the spring. The added inventory combined with high consumer sentiment will boost the housing market. So sayeth the consumer.

By Dan Krell
Copyright © 2018.

Original located at https://dankrell.com/blog/2018/11/01/attitudes-real-estate-market/

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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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