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Category Archives: ethics

Wayback Wednesday… The Bigger Price Myth

This is one of those things that I hear about all of the time.  I face it all too often.  I go on listing appointments and either an agent before me, or one that comes later “buys the listing“.  Of course, not literally, but figuratively.

They tell the seller what the seller wants to hear… regardless of reality.  They tell the seller that they will sell the house for more money.  It is an appeal to the ego… and sometimes even defies logic.  But, it gets the listing.  Obviously, the seller generally wants to hear that their house is worth more.

It usually happens for one of two reasons… the innocent one and the not so innocent one.

The innocent reason is that the agent just doesn’t know any better.  Through inexperience or bad data or poor technique working with the data… or even misreading the market climate… they arrive at a price that isn’t really realistic.  And the window for a price is pretty small.  At 20% over real value, the house likely won’t be seen in the current market.  At 10%, many of the prospective buyers will dismiss the house even if they come look at it (most buyers won’t make a serious offer more than a few percent off of the list price).  Even at 5% over reality, many prospective buyers won’t offer… or they will push it to the back of the line.

The “not so innocent” reason is that the agent KNOWS that the sellers will list with them if they give a higher price estimate.  It is a LOT more common that most sellers would think.  In fact, there is an entire sub-industry in real estate involving strategies and support for these agents.  One of the popular strategies is to build in price reductions at predetermined intervals.  The sellers should ask a simple question… “If you are confident of the price, why would you build in price reductions?”  Of course, the market DOES shift, sometimes unexpectedly.

The idea, as stated in much of the materials supporting this strategy, is that the agent can tell the seller, “OK, we’ll try it at your price, but if nothing happens in 30 days, we’ll cut the price to ____.”  There is always the chance that there will be a buyer that will drop out of the sky, with cash (since the asking price might not clear an appraisal) and no desire to have an appraisal of their own done.  But… not that likely.  And that is where the issue I take with this as a deliberate strategy begins.  We know, from tons of studies, that over-priced houses generally end up selling for less, after spending more time on the market.

It goes like this…

  • The house starts off as over-priced, so it gets fewer, if any showings.
  • After a period of time, the price starts to ratchet down… but it has already missed that magic window (when a house is first listed) when the most buyers look seriously at it.
  • Since it has been on the market longer, the buyers that DO run across is wonder WHY it has been on the market so long.
  • Vicious cycle…
  • Price gets cut more to get showings.
  • When the offer comes in, it is lower than it likely would have been to start with.

Here is the post I wrote about this very issue a couple of years ago.

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Flashback Friday… Cheap Sex and Real Estate

CHEAP SEX N CONVERSE TENNIES
Image by PUNKassPHOTOS.com via Flickr

Last year I wrote a post about a “power agent” I met here in the Atlanta area and a guy I knew in college, decades ago.  Unknown to each of them, they had exactly the same M.O. for their ‘business’.  Although, their ‘businesses’ were quite different and they might not recognize the other as doing the same thing… they were.

How can a dirt bag trolling bars for girls with low morals be similar to a successful real estate agent that lists hundreds of homes each year?  The short version was that they played a ‘numbers game’.  They didn’t care about a relationship or delivering what the other person needed, just getting what they wanted.

Take a look…

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Short Sales, Bank-Owned and Credit Pulls

A few days ago I wrote about how the purchase offering process is having issues… issues that are especially apparent on Bank-Owned Properties (we call them REOs).

Banks are often requiring that ALL offers be accompanied by pre-qualification letters from specific approved lenders (perhaps even from their own loan department).  In other cases, the brokers representing the properties are interjecting this “requirement” on their own.

This morning, local (and nationally syndicated) radio talk show host, Clark Howard mentioned

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Get out of your mortgage for FREE?!?

DENVER, COLORADO - FEBRUARY 19:  Financial adv...
Image by Getty Images via Daylife

Probably not…

But that doesn’t mean that people aren’t trying it… and it doesn’t mean that people aren’t getting in trouble for it.

Here is the way it works (and it all sounds so legit…):

  • Mr. and Mrs. Consumer buy a house and get a mortgage from MonsterMegaMortgageCompany (MMMC).
  • MMMC sells their mortgage to Investor Pool #1.
  • Then it is bundled and sold to IP#2… and #3 and #4 over a span of a few years.
  • Mr. & Mrs. Consumer start having problems, and despite everything they are facing foreclosure.
  • To try to get help they contact a “Foreclosure Mitigation” Law Firm that fights the foreclosure by filing a “missing title” lawsuit.
  • The law firm (or other entity) charges an up-front fee (maybe $2000) and then monthly fees (maybe $1000 or $1500)… as well as a contingency fee upon settlement of either 50% of the reduction or 75% or 80% of the value if the mortgage were completely eliminated.
  • After stringing along Mr. & Mrs. Consumer for a few months or longer (collecting fees), they fail to actually prosecute the case.
  • Mr. & Mrs. Consumer lose their home…

According to a few of the sources I looked at, their are no recorded examples of any suit of this type EVER being resolved in the consumer’s favor.

The basis of the lawsuit is that if the mortgage holder can’t produce the documents from the mortgage, it will be set aside and the consumer will own their property free and clear.  Sounds nice, huh?

Before getting sucked into something like this, here is a little more reading…

Source 1

Source 2

The State of California is going after one of the firms involved in this practice.  I would expect that there are similar cases in other states.

Times are tough…  scamsters know it, too

People being foreclosed on are all over the place.  They are vulnerable to people that approach them to “help.”  There are a variety of scams and plans that mostly just revolve around generating a profit for the “helper.”

Be careful!  There is help for many home owners that are in trouble… but the easy sounding solutions often aren’t what they are cracked up to be.  If it sounds too good to be true, it likely is…

I would love to lose my mortgage, too… but this isn’t the way…

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Broker Fees?

I’ve seen an annoying new trend.  Buyer and Seller “Broker Fees”.  It may go by various names, but amounts to the same thing…  what Clark Howard would call a Junk Fee.

Entrance to Baltimore

Entrance to Baltimore

These are quite different from the other fees that may be involved in a real estate transaction, and there are a LOT of fees.  The lenders have fees, the closing attorney has fees, there are state fees, county fees, insurance fees, delivery fees…  Simply put, buyers and sellers are paying plenty of fees.  Adding some BS junk fee like a paperwork fee, transaction fee, administrative fee or broker fee is just adding insult to injury.

There is already a commission or sales fee that the real estate broker and agent are sharing.  There is no reason to add another official sounding fee on top of this that is after the negotiated amounts.

And, that is how it usually works… the seller negotiates the fee for selling their home, and everyone shakes hands… and then the agent mentions that there is a $495 paperwork fee or something along those lines.  They say it is required… maybe not saying that they are the ones requiring it…

In the case of buyers, after going through the buyer’s agency agreement and telling the buyer that the commission is generally paid by the seller, they hit the buyer up for a transaction fee… again, saying it is a requirement.

There are various reasons for this…  What it mostly comes down to is that people and companies in the real estate industry are hurting for income.  But, many of our clients aren’t exactly rolling in money… and even if they were, it isn’t right to tack on junk just because we think we can… Some agents are working for companies that charge US a closing fee for closing a transaction instead of charging a split and the agents are passing it along.  It should be part of their cost of doing business.

I just say NO!

No additional fees.  You will know EXACTLY what you are paying for my services prior to delivery and prior to completing the negotiations.  I try to deliver more for EVERY client than other agents… but that doesn’t mean I need to add junk fees on top of fair fee structure.

And there are some different options available for sellers… but that is another post.

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