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Archive for July 30th, 2007

What if the sellers want to do some of the home inspection work themselves?

Monday, July 30th, 2007

When we do a home & walkthrough inspection, 99% of the time, the buyer & sellers agree to have a professional fix the agreed-upon items. But once in a while, a seller will want to fix items on his own. While we don't recommend this, below is language we put into one agreement when the sellers were adamant that they fix some of the smaller items (they were also renting back after the closing, hence the language in the second paragraph):

"If the work is to be performed by the sellers and not by licensed and bonded contractors, all parties agree that items identified will be completed by 5pm EST, on Saturday Aug. 12, 2007 and will be subject to a post-work inspection to ensure the quality of the work performed.

Furthermore, the sellers agree to an additional $1,000 deposit, at time of settlement, to be held in escrow by the settlement company to further ensure the quality of the work performed. At the time of termination of the post-settlement by the sellers, if any of the items addressed in this addendum and the walk-through items notice are found to be faulty, the funds held in escrow will be released to the buyers to address all (if any) faulty craftsmanship. If at the final post-settlement walk-through, all work performed remains in same order and condition at the time of settlement on Aug. 15, 2007, the additional deposit of $1,000 will promptly be returned to the sellers."

About the ACORN loan

Monday, July 30th, 2007

Bank of America offers an amazing homebuyer program which allows you to get up to 100% financing with one primary loan (not a "piggyback" loan), put no money down, pay no Private Mortgage Insurance, along with a below-market interest rate (yes - we couldn't believe it either when we first heard about it!). Here is a flyer describing the program, and here's how it works:

  • Borrower's income cannot exceed $105,840/yr for the DC Metro area, $118k in Montgomery County. NOTE: This cap is lifted in certain areas designated by HUD. For example, in Logan circle, this cap does not apply. Contact us for more excepted areas.
  • You don't need to be a first-time buyer, but you can't own any other property at the time of closing and you must plan to occupy the residence.
  • Fair to good credit is required, but there's no minimum credit score. (You cannot have any "late payments" on your credit report within the last 12 months)
  • Maximum loan amount is $417k

So what's the catch? The only requirement, other than the terms above, is that you attend a one-day "Homebuyer Education" class. ACORN is a nationwide non-profit "providing free housing counseling to low and moderate income homebuyers since 1987". You can learn more about them here.

So how good a deal is the ACORN program? Well, here's a clue - when we asked another lender if he could match or beat it, here's what he said:

"Bank of America uses the program through ACORN as part of their CRP portfolio (Community Reinvestment Program). They lose money on the loans but they get a lot of good PR from it. If you qualify and have time for the classes and underwriting it's a great deal."

We think the loans are great for buyers who qualify as well. Contact Shap in the "Trusted Lending Partners" section on this page for more information.

How do you negotiate with new home builders?

Monday, July 30th, 2007

A client was buying a new construction home and was trying to get a really good price on the home. She had a number of questions about the property. Below was our answer to her; this should give you a better idea of how we approach negotiations with builders: Note - "Jane" was the name of the sales agent for the builder.

Regarding #'s 4, 5, 6, 10 & 11: I am happy to get these answers for
you, however I suggest it's in your best interest to wait & see what
response the builder comes back to us with before asking these
questions. Right now we have minimal leverage on this deal and
asking a ton of questions will decrease our negotiating position. I
understand, however, it's important for you to have these answers
before you counter back, so I suggest once Jane responds we can
decide which questions to ask her and how exactly to proceed.

The best thing I can do is give you more leverage. In order to do
that, you need options. If you have your sights & heart set on
getting this particular property, you have very little leverage.
Your intimate knowledge of the community and neighbors makes it
obvious to Jane that this is by far your preferred community. I'm
going to do an MLS search and send you anything that might be
interesting to you so you can expand your search a bit. Helping you
find other viable options is the best thing I can do for you right
now to increase your bargaining position with this property. The
flipside is that she might sell it to somebody else. If you're truly
worried about that happening, we're going to have to bite the bullet
and negotiate on their terms. However, if you don't care if she
sells it to someone else, you'll have more power.

The minority of my value to you is in convincing Jane she has to
sell this property to you at a certain price. My powers of
persuasion are limited to my ability to ensure she knows our
position, tell her things like what we've discussed below, and then
help you find other options which are suitable. If the builder truly
wants to wait for the spring market or doesn't want to go below a
certain price, all the convincing in the world won't force him to
sell. Yes I can give Jane arguments as to why one property isn't
worth more than another, etc. But at the end of the day, they simply
may not care as much as you do about those discrepancies if they
think they can sell for a higher price. And only giving it a bit of
time will tell if they're bluffing or they're not. If you had
multiple properties you were interested in, it would be much, much
easier for me to get you the kind of deal you're looking for. Right
now we're pigeon-holed into 1 bargaining position. So I propose to
you to pick one of 3 approaches you'd like me to take:

Approach #1: You don't care if you lose out on this deal to someone
else. We negotiate hard & make strong demands, including the things
you've listed below. If they just sit on the contract, you move on
to another property. This approach gets you the best price but the
lowest odds of getting the property

Approach #2: You would prefer this property over others, but you
want some concessions from the builder. With this approach we don't
make extraneous demands and just focus on the price. If it doesn't
have certain closets or hardwood, or they demand Arlington MBH, etc.,
we forego those demands to try & extract as much price value as
possible.

Approach #3: You decide you'll be very regretful if you don't get
this property. In this scenario you have to play to their demands
with minimal hard-ball negotiation, but you get the security of
knowing you have the unit. This approach would entail maybe one more
cycle of counter offers, or maybe you accepting their counter offer
if it were satisfactory enough to you.

The less you care about any specific property, the more power &
control you have over the terms of its sale. Right now I feel like
you're trying to exude option #1 but you truly feel option #3. So, I
really need to know how you're feeling so I can take the right
approach for you.

When does the 3 day HOA right of rescission kick in?

Monday, July 30th, 2007

A client asked us:

> My understanding is that I can cancel the agreement within 3
> days after receiving the association disclosure packet. Or does
> this 3 days begin if and when I sign a ratified contract?

Here is the answer we got from the legal counsel of the Virginia Association of Realtors:

The Act is explicit: "The purchaser may cancel the contract (i) within
three days after the date of the contract, if on or before the date that
the purchaser signs the contract, the purchaser receives the association
disclosure packet ...." (Section 55-511C)

Full ratification starts the clock ticking.

The point of the Act in this regard is exactly this kind of situation:
Where the packet is given with no deal attached, before there's even a
contract. So no matter when the packet is given, if it's given before
contract, the purchaser has three days after contract.

Do you offer rebates?

Monday, July 30th, 2007

Sometimes we have clients ask us if we offer rebates. The answer to this question is more complex than you might expect. Here's a whitepaper from our broker on the topic:

When I started doing real estate (I was just an agent at this point, not a broker), I'd give a rebate to anyone who would give me business, because I had no experience in the industry, and the market was such that home prices couldn't really be negotiated - buyers were just lucky to get the house because there was so much demand. But once I got really good at what I did, and I started being able to negotiate big discounts for buyers, or keep them from making expensive mistakes, I realized that my value was much greater when I didn't give a rebate than when I did.  For example, I was able to ratify a contract with one client for $124k below the asking price (the house was listed at $849k, we ratified the contract at $725k). There's so much more value in a $124k negotiated discount than a rebate. In fact, giving a rebate would be a disservice to my client, because if I gave a rebate, I wouldn't be able to spend the time on the transaction to negotiate the other terms.

That's the main point here: Rebates can be "expensive savings". Here's why: It's simple economics.  Realtors have two things to offer their clients: Time, and expertise. Anytime a firm offers you a rebate, they either: A) Won't be able to spend as much time with you on the transaction, or B) Won't have the expertise & knowledge to guide you through the transaction and avoid pitfalls. (and sometimes you'll get both - an inexperienced agent with lots of time and no expertise!) When you focus on getting a rebate, you will always be giving one of those two things up (sometimes you give up both if the firm isn't very good).

If I (or any agent) were to give you a rebate, I wouldn't be able to spend as much time focusing on your needs, which means that while I might be able to serve you in the "basics" of the transaction, I won't be able to spend the time ensuring you don't make expensive mistakes.  You might ask yourself, "why don't I just use another agent who would have the time to give me a rebate?", and that would be a fair question, except for one thing:  If that agent has the time to give rebates, what is he doing wrong in his business that he's not occupied helping other clients?  How much transaction volume does he really do?  Is he really in tune with the market?  Any experienced, well established agent will always have clients he's working with at any given point of time.  If the agent has a lot of free time, that should be a sign that you're giving up "B" above - the knowledge & expertise.  There's no way around it - when you ask for a rebate, the agent will either not be able to spend as much time on your transaction or not have the necessary expertise to negotiate on your behalf, period.  It's like trying to freeze ice at 33 degrees; no matter how hard you try, you just can't get around this fact.

The strange thing about real estate is that one single mistake can cost you many thousands of dollars. If you miss one item in a home inspection, a roof problem, it can cost you $5,000+ to fix. Alternately, putting a contract together the wrong way could cost you $20,000 (and possibly much more). Not negotiating the best deal could also cost you much more than you would save by getting a rebate.

Here is a good example of a typical situation: A buyer put a property under contract and we did a home inspection on the property. If we had not put the time into the transaction to really negotiate a strong inspection, the buyers would have ended up in bad situation where they would have accepted a property in "as-is" condition after the contract ratification. Instead, we were able to not only negotiate the "as-is" clause out of the contract, but we were able to get the seller to fix all the major items and give a $3,000 credit to the buyers.Imagine yourself in the same situation in this example: You either decide to work with a firm where you get a rebate, but have to take a house in as-is condition - a stipulation that could cost you tens of thousands of dollars, or don't take a rebate and have us spend the time & expertise on you to ensure you get a stellar result from your transaction. The choice is yours! We think the decision is obvious.Just remember that a rebate always requires a compromise in either an agent's time commitment or level of expertise, or both.

What is the ‘final walkthrough’ inspection?

Monday, July 30th, 2007

A client wrote:

is it ok with moving on the same day? I think you mentioned a final "walkthrough" inspection. Do we check the house before or after the closing?

Our response:

Settlement is at 1pm. We'll need to schedule a final walkthrough before settlement - how does 12pm noon sound? It should only take 30 mins.

Yes you can absolutely move in after settlement - the house will be yours!

Here's what the final walkthrough is for: Right before settlement (sometimes the day before), our agent will walk the property with you to make sure that:

  1. All the agreed-upon home inspection items have been fixed
  2. All the walkthrough items have been fixed
  3. There are no new walkthrough items that need to be addressed

If we find anything that was not fixed correctly, or if any new items come up, we will note them and then address those items at the settlement table.