Notice to home buyers and sellers

notice to home buyers and sellers
“Real Estate Miranda Rights”

I have always found it curious that area agents feel a need to be licensed in three state jurisdictions (Maryland, DC, and Virginia) as if there is never enough business in any one area.  I get the idea that it potentially helps them make more money. Maybe they are putting home buyers and sellers at risk. Home buyers and sellers should be on notice.

Being a competent real estate agent requires more than just a license.  It also requires more than an understanding of the neighborhood housing market nuances.  A competent agent knows the jurisdiction and local statutory requirements where they are doing business.  They should also be knowledgeable of and use the latest contracts and disclosures.

It’s more than a full time job to be a local expert; following sales trends, knowing the latest home listings, and keeping up with specific statutory requirements. It’s very difficult (maybe almost impossible) to be a local expert in more than one county, let alone three states!  And as more state and local legal, zoning, and disclosure requirements for buyers and sellers become enacted – Home buyers and sellers at risk from incompetent agents.

For example, the statewide requirement of licensees to ensure home improvement contractor referrals are licensed is a consumer protection that many are unaware.  The requirement ensures that consumers can go to the MHIC if the work is faulty and/or there are issues with a licensed contractor.  If your agent unwittingly recommends an unlicensed contractor for home inspection repairs, (besides any potential action against the licensee), a home buyer could demand you make additional repairs and/or obtain certification from a licensed contractor that repairs were completed properly.

And effective October 1st, Maryland is altering its agency law again.  Among the requirements, agents conducting an open house must conspicuously post a notice from the Maryland Real Estate Commission.  The notice (sounding like Miranda Rights) states that any information provided to the open house agent is not considered confidential and buyers are “entitled” to representation.  What would your reaction be if your agent was unaware of this and the buyer is now seeking to void your contract because they were not given their “Real Estate Miranda Rights?”

Recent home seller requirements in Montgomery County are further example where you could be at risk if your agent is unaware of the local statutory requirements and ordinances (such as utility costs and radon test requirements).  Non-compliance and/or non-disclosure could possibly result in a fine.  And of course any future ordinances (such as a sign ban) furthers the risk.  Who knows?  Maybe the County Council will devise a local registry of agents doing business in the county to promote real estate agent competency and protect consumers.

Do yourself a favor and hire a competent real estate agent who is not only aware of sales trends and neighborhood values, but the local practices and regulations as well.

Increasing statewide and local regulation is making local real estate sales a specialized endeavor.  And as a home buyer or seller, you should bear this in mind when hiring real estate agent.  If you’re not being advised properly as a home seller, you’re at risk of non-compliance with statutes, regulations, and/or ordinances – which has potential for fines and a contract dispute.  If you’re not being advised properly as a home buyer, you’re at risk of missing specific local disclosures and notices that could affect you financially and/or physically as a home owner. You’re on notice.

Original published at https://dankrell.com/blog/2016/09/23/home-buyers-and-sellers-at-risk/

By Dan Krell
Copyright © 2016

If you like this post, do not copy; instead please:
reference the article,
like it at facebook
or re-tweet.

Protected by Copyscape Web Plagiarism Detector


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.

Sign ban or boosting Realtors?

Sign ban or free speech
Sign ban or Free speech? (infographic from newseum.org)

A special thanks to the Montgomery County Council whose proposed sign ban will undoubtedly help local real estate agents.  Last week’s testimony about a zoning text amendment relating to signs and their location illuminated their place in the community as well as reminded us they are a form of free speech.

Of course the unintended consequences of a blanket sign ban in the right of way is yet to be determined.  However, it would certainly make it more difficult for county residents to sell their home by owner (without an agent), as well as home buyers wanting to go it alone without an agent.  The resulting lack of information that is currently provided by these signs would certainly compel consumers to hire a local Realtor®. Thank you.

Greater Capital Area Association of Realtors® (GCAAR) president Peg Mancuso testified: “From a real estate perspective, signs are an inevitable means of communicating with Montgomery County residents both new and existing. The proposed sign ban would be a tremendous inconvenience to community members who are in need of information for short term related events, such as open houses.”  She mentioned a Realtor® best practice (which most agents adhere to) of placement of open house signs just prior to and removal immediately after the event.  She also pointed out that many home owners are unaware how their properties relate to the right of way, as well as being uneducated about the permitting process of signs.  These logistical and educational issues would make such a sign ban difficult for home owners to advertise their homes.

GCAAR vice president and COO Bill Highsmith, Jr reminded those at the hearing that GCAAR not only represents local real estate professionals, but is also a voice for home owners on property rights issues.  He asserted that signs in the right of way have historically been a means of business advertisement, expression, and community engagement.  He stated that “…publically visible signs are an important method of communication for county residents, Realtors® and the broader real estate market.”

Mr. Highsmith stated, “For Realtors® and the clients they serve, these signs are a particularly important way to communicate information about open houses and homes that are for sale.  While you may believe the internet is the primary way folks learn about opportunities to purchase a home, real estate signs are vital to let the broader public know about the real estate market in surrounding neighborhoods.”  He cited anecdotal evidence that many home buyers have bought the home they initially spotted from a sign.  He asserted that many consumers begin the home buying process by visiting open houses (especially first time home buyers).  And additionally suggested that these signs allow more county residents to become home buyers.

Allen Myers of the Maplewood Citizen Association (MCA) stated that these signs are useful to inform their residents of association meetings.  Collection of permitting fees for temporary signs would be cost prohibitive, possibly adding additional financial burden to the members of the association.  He asserted that the MCA believes that the signs are Constitutionally protected form of free speech.

It is reasonable to believe that many people agree seeing “shoe repair” signs are annoying.  And it is also reasonable to surmise that improperly planted signs can become a hazard.  Nonetheless, the takeaway for anyone attending last week’s hearing should be that these signs are beneficial to the community.

Copyright © Dan Krell

If you like this post, do not copy; instead please:
reference the article,
like it at facebook
or re-tweet.

Protected by Copyscape Web Plagiarism Detector
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.

Real estate agent robots

Are real estate agent robots the future of home sales?
Are robot real estate agents the future of home sales? (infographic from techspot.com).

Many erroneously describe Gordon Moore’s prediction as the doubling of computing power every two years.  “Moore’s Law” is more accurately described as the doubling of transistors on a chip every two years.  The point is that computer power is on steep path of improvements; and the prediction has been accurate since Moore’s 1965 paper “Cramming more components onto integrated circuits” (Electronics; April 19, 1965).  What does Moore’s Law have to do with real estate? Everything.  Many industries have benefited as computer processing power increased – including real estate.   Will we see real estate agent robots in the future?

It is often said that a smart phone has thousands more computing power than the Apollo guidance computer.  Consider how far computing power has increased over the last fifty years; common computer processors today exceed 1 billion transistors per chip with average clock speeds over 2.5 GHz (the Mac Plus I had in graduate school had an 8MHz processor with only 68,000 transistors!).  The ever growing processor power has allowed major developments in artificial intelligence (AI) and robotic applications we are witnessing today.  And the promise of quantum computing is expected to make our current computers seem like abacuses.

A cutting edge 2013 paper by Carl Benedikt Frey and Michael Osborne, of the University of Oxford, discussed the effects of advancements computerization and robotics on employment and the labor market (The Future of Employment: How susceptible are jobs to computerisation? Oxford Martin School – University of Oxford; September 2013).  The authors concluded that about 47% of the US workforce is at risk of being “automated soon” (which is in the next ten to twenty years).  Workers expected to be affected include, “…transportation and logistics occupations, together with the bulk of office and administrative support workers, and labour in production occupations…” The service industry, including real estate, was singled out as being affected by AI and robotics.

Included among the top occupations most at risk included: real estate broker, real estate agent, property manager, and real estate appraiser. The increasing reliance on automated property valuations by lenders, real estate agents, and consumers is a testament to the advancement of AI in the industry.  Back in April, Inman (a leading real estate information publisher) devised an experiment to see if a computer algorithm would best a real estate broker in choosing homes for potential home buyer.  The results announced May 10th revealed that the computer program did a better job than the real estate agent (Broker vs. bot: And the winner is…; inman.com; May 10, 2016).  Of course, there were limitations to Inman’s test; but still a notable result nonetheless demonstrating how AI is affecting the real estate industry. Robotics is making significant advances too.

Recent developments have made self-driving cars real, along with Honda’s Asimo; and even artificial companions.  You can now purchase your own service robot, if you can afford it.  Just like AI, robots may also take over real estate agent tasks in the near future.  Imagine walking into an open house and being greeting by a friendly and helpful robot! We often talk of how quickly the internet has developed and its impact on the real estate industry.  And it’s partly due to rapidly increasing computer processing power and Moore’s Law.  Imagine how AI and robotics will change home buying and selling in ten or twenty years.  And once quantum computing becomes commonplace, you may even experience a real virtual tour via a holodeck.

Original at https://dankrell.com/blog/2016/05/13/real-estate-agent-robots/

Copyright © Dan Krell If you like this post, do not copy; instead please: reference the article, like it at facebook or re-tweet.

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.

Subtext in buying or selling a home

subtext
Profile of home buyers and sellers from nar.realtor

It’s all in the subtext. “Buyers are liars” is a saying that many real estate agents seem to verbalize when things don’t work out with a home buyer.  It’s an insulting false aphorism that is proclaimed as an attempt to shift all responsibility by saying that the buyer was deceptive and did not cooperate.  And when things fall apart with home sellers, the same agents won’t take responsibility and start hurling insults such as wacko, ignorant, or greedy.  Of course, if the relationship becomes contentious, then you can imagine that the name calling becomes increasingly harsh.

And it goes both ways, of course.  Real estate agents, as a profession, have a bad rap; and conditioned consumers bring those expectations into their relationships with their agents.  Many buyers and sellers have a low opinion of real estate agents while often having high expectations for the outcome of their experience.

You may begin to see that, unless the settlement is flawless, these mindset combinations don’t bode well for the agent-consumer relationship.  The home sale transaction is full of pitfalls.  And if there is an underlying distrust between you and your agent, then the outcome can become an ordeal for you both.

Writing for RealtorMag, Jason Forrest laid out why such buyer (and seller) repudiation by agents is wrong (Agents: Stop Saying Buyers Are Liars: realtormag.realtor.org; September 2015).  He pointed out that agents often blame the buyer (or seller) when the relationship and transaction is unsuccessful.  But in reality, Forrest stated, the agent is the one who fails by not taking the time to understand and coach their client.

Research of real estate outcomes suggest that your experience during a real estate transaction may depend on both the agent’s and your ability to communicate.  Clear communication between you and your agent should leave no doubt about your intentions, as well as your agent’s ability to convey and interpret motivations from your transaction counterpart.

The evolution of the real estate industry has not really improved the quality of communication between agent and consumer.  Agents focusing on high volume sales along with the public’s reliance of the internet for home information reduce face-to-face interactions; which may allow for the creation of false expectations while decreasing overall consumer satisfaction.

In his book Re-examining The Art of Sales: Broadway Style (AuthorHouse, 2006), real estate broker Nilton De Macedo asserted that the key to communication and understanding lies in the subtext of the dialogue.  Having stated that subtext is “what you really mean under what you say,” he provided an example: saying “I’m going to bed” may sometimes imply “I don’t want to talk to you now.”

De Macedo explains that as a sales professional, it is essential to discover the subtext of the conversation.  The real estate agent should not only attempt to decipher the client’s subtext to reveal their “unspoken intentions” – but they should also work to discover the subtext of their own communication.  He proclaims that this approach deeply influences how we relate to each other and will greatly improve communication.

Although De Macedo places the responsibility of communication square on the shoulders of the real estate agent, it really goes both ways.  Your agent may also be communicating something else through subtext, implied by what or how it is said.  You can improve your outcome by becoming aware of the subtext in the communication between you and your agent.

Dan Krell
Copyright © 2016

If you like this post, do not copy; instead please:
reference the article,
like it at facebook
or re-tweet.

Protected by Copyscape Web Plagiarism Detector

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.

Real estate confessions

“How Working with a Real Estate Agent Benefits You” from rsimedia.com

When asked about their real estate agent, consumers logically list characteristics such as savvy, sharp, and knowledgeable.  Some may even describe their agent as efficient, or someone who made the process easy for them.  These descriptions usually attest to the agent’s business acumen and typically focus on the agent’s ability to market a home and/or negotiate a contract.  However, one trait that is often overlooked is “authenticity.”

And it’s not just in the real estate industry.  Authenticity just isn’t the trait that most seem to care about in a sales person.  The reason may seem obvious; for most consumers and salespeople, it’s about money.  So what role, you may be asking, does authenticity have in real estate sales?

In a recent article, Don Kottick wrote about the need for authentic leaders in the real estate industry (8 examples of authentic leadership in real estate; inman.com; March 17, 2015).  Kottick talked about authentic leaders as creating their “legitimacy” through honest relationships.  These are individuals who “remain true to themselves;” they are positive, truthful, empathetic, “introspective and aware of their own strengths and weaknesses.”  Kottick reminds us that authenticity doesn’t come from what’s learned at business school, but what is gained through life’s journey.

Keeping that in mind, we agents are in an advantaged position.  As real estate transactions tend to be associated with life events, we often experience these events as well; sharing in the promise of a new family, the joy of a new baby, the sadness of the loss of a loved one, and even the ambivalence of a divorce.  And we spend a good amount of time with our clients, regardless if it is in person and/or on the phone.  We become acquainted with who our clients are; we learn their vulnerabilities, and sometimes (whether they know it or not) we also become aware of their “dirty laundry.”  Being in such a position, we become trusted advisers if not treated as part of the family (at least for the duration of the transaction).

The nature of the real estate transaction, and our involvement with our clients, places us (real estate agents) in a fiduciary role.  Regardless of our feelings (positive or negative) toward our clients, or our personal and financial situation – we are to look out for our clients’ best interests.  Unfortunately, many in the industry have forgotten that.

Similar issues about agent competency and ethics were discussed last year in The National Association of Realtors® DANGER report.  And although concerns about agent competency and ethics have been discussed for years, the media glommed onto such quotes as “the real estate industry is saddled with a large number of part-time, untrained, unethical, and/or incompetent agents…” as if to say “we told you so.”  But the truth is that competency does not guarantee ethical behavior, and vice versa.  Additionally, competency and ethics do not assure a positive buying and selling experience for the consumer.  The answers, like the issues, are complex; and advancement in the subject is debatable.

Don Kottick’s point, that authenticity is a foundation upon which agent competency and ethics is built upon, is overlooked by many industry leaders, brokers, office managers and agents.  Considering authenticity, competence, and ethics together may not only facilitate an environment that creates a meaningful transaction for the agent and consumer; it may also be a response to treating consumers fairly, and putting clients’ best interests first.

Google+
Copyright © Dan Krell

If you like this post, do not copy; instead please:
reference the article,
like it at facebook
or re-tweet.

Protected by Copyscape Web Plagiarism Detector
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.