There’s always something to howl about.

Category: Ask the Broker (page 4 of 6)

This one is easy… posts get this category if they respond to a question posed using the Ask The Broker button. Only contributors to BloodhoundBlog who are brokers should ever post an article that uses this category. If the question pertains to financing, Brian would be included among this group. Of course, those of us who are not brokers can always comment on these posts.

Ask the Broker: Are new build prices negotiable?

When purchasing a home or condo in a new development are the prices quoted firm or can the buyer negotiate the selling price with the broker? Are the costs of “upgrade options” negotiable.

The definitive answer: Maybe.

New home sales is a retail business. The builder has to move current inventory to finance the future inventory, just as Sears has to clear out all the Fall and Winter goods to make way — and pay — for the Spring line.

Sometimes builders have more business than they need — and in consequence nothing is negotiable.

Sometimes — like now — builders need to move inventory, and they are willing to Make Deals, as they say down at the new car lot.

Even then, the deals may be set by higher ups, with the on-site sales staff authorized to smile and say the same things over and over again.

But what is that classic car dealer’s line: “What’s it going to take to get you into a Cadillac today?”

If a salesperson says something like, “If the only thing standing between us were the carpet upgrade, would that make a difference?” — that is a closing question, but it’s also a hint about flexibility. Even then the salesperson may not be able to make concessions, but the hint is that concessions are possible.

If you’re truly interested in the home and if you can be persuaded by a better deal, now is the time to sit down and dicker. Even if you have to leave the deal on the table for referral back to the main office, you may have won.

As with cars, upgrades are where the profit margins are highest. If you can arrange for and pay for your own granite countertops, don’t buy theirs unless it’s free or deeply discounted. Seven-inch stainless steel sinks are crap, buy you can buy a top-quality sink at Lowe’s for much less than that same sink at the builder’s design center.

There can be exceptions, though. For example, right now in Arizona, a great deal of spec home inventory is being sold at huge discounts. People bought new homes contingent on the sale Read more

Ask the Broker: Giving the bum the bum’s rush . . .

What do you do when the dual owner of a house refuses to leave or cooperate after signing the purchase and sale and a document to agree to sell the house? This is a nasty divorce situation. The divorce court’s finding was to sell the house and split the proceeds. He is occupying the house now and the closing is in 15 days.

The answer to this question is: I am not an attorney. You have to take this up with your divorce lawyer to see what can be done lawfully and without resort to the long arm of Colonel Colt.

It happens that I have a sale going on right now with a very similar situation. She’s gone, he remains, and he managed to kill two prior contracts with his recalcitrance. I represent the buyer on the third contract, but we got lucky: The divorce judge has ordered that the soon-to-be-ex-wife is solely authorized to negotiate and sign for both parties, with the proceeds to be split according to the judge’s orders.

I don’t know if this could work for you, but it is at least possible to resolve a conflict like this. I wish you good fortune…

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How not to take it in the shorts . . .

I had a confidential Ask the Broker question this morning, believe it or not. Glossing over the whole thing, the listing agent could have avoided the entire problem with this language in a counter-offer:

Buyer is aware that seller reserves the right to cancel this contract unilaterally and without recourse within ten days of acceptance, with earnest deposit refunded in full to the buyer, if the projected net proceeds to the seller from this transaction will not satisfy seller’s entire costs.

In other words, if it’s a short-sale, it’s a no-sale. I don’t know if this sort of contingency is common in other states. It’s not in Arizona, but it should be right now. Our contract is written with almost no outs for the seller, which I like, but it is entirely possible right now that sellers could be ham-strung by a deal they can’t afford to honor. Agency is looking out for the disasters no one else foresaw…

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Home buyer always liable for mortgage . . .

This is my column from today’s Arizona Republic (permanent link). No fireworks, today, just real estate.

Home buyer always liable for mortgage

I got a great question by e-mail. It’s really a lender question, but it introduces a number of interesting topics.

“Are homeowners personally liable for their mortgages? If yes, is it possible to structure a home loan that doesn’t require a personal guarantee?”

Generally speaking, yes, a mortgage is secured both by the real property and by the borrower’s personal promise to repay the note.

If the down payment is 10 to 20 percent, the personal promise may not be as significant. But if the down payment is very low or if real estate is declining in value, the lender will depend on the borrower to bring any shortfall to the closing table, should the home sell for less money than is owed on it.

Many types of loans are not secured by the borrower’s personal promise to repay. The loan will be secured by the real property or by other assets. A foreclosure won’t affect the borrower’s personal credit.

Here is an example that can be used for mortgages for residential rental homes: the non-recourse loan. The loan is secured by the real property only, with no “recourse” to the borrower on default.

Obviously, the lender is going to make sure the amount lent is substantially less than the value of the property, that the property produces income sufficient to pay its own expenses, etc.

This is an investment product, but the interesting thing about non-recourse loans is that they can be deployed by self-directed retirement accounts to own real estate.

Your self-directed IRA, as an example, would have to make a hefty down payment on a piece of real property, and there are rules about what your IRA can own and to whose benefit. But by means of the non-recourse loan, your IRA can own real estate to build your retirement nest egg.

But the answer to the main question is probably no, alas. I know of no primary-purchase mortgage loan that does not require the borrower to personally guarantee repayment.

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Ask the Broker: Who is responsible for the mortgage . . . ?

Holy smokes! I get questions for appraisers, for inspectors, for real estate attorneys, for everyone involved in a real estate transaction except the ding-dong Realtor. Here comes a question for mortgage lenders, who are entreated to chime in with better answers:

Generally speaking, are homeowners personally liable for their mortgage? If yes, is it possible to structure a home loan that doesn’t require a personal guarantee?

Generally speaking, yes, a mortgage is secured both by the real property and by the borrower’s personal promise to repay the note. If the down payment is 10% or 20%, the personal promise may not be as significant, but if the down payment is very low or if real estate is declining in value (as it is right now in many markets), the lender will depend on the borrower to bring any short-fall to the closing table, should the home sell for less money than is owed on it.

But: There are many types of loans that are not secured by the borrower’s personal promise to repay. The loan will be secured by the real property borrowed against or by other assets, but a foreclosure won’t affect the borrower’s personal credit rating.

Here is an example that can be used for residential loans: The Non-Recourse Loan. The loan is secured by the real property only, with no “recourse” to the borrower on default. Obviously, the lender is going to make sure the amount lent is substantially less than the value of the property, that the property produces income sufficient to pay its own expenses, etc.

This is an investment product, but the interesting thing about non-recourse loan is that they can be used by self-directed retirement accounts, to permit them to own real estate. Your self-directed IRA, as an example, would have to make a hefty down payment on a piece of real property, and there are rules about what your IRA can own and to whose benefit. But by means of the non-recourse loan, your IRA can own (and leverage) real estate to build your retirement nest egg tax free

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Ask the Broker: How do I figure out if this deal makes sense . . . ?

Here’s a question that encompasses all of my favorite real estate homilies: Every real estate problem is essentially financial. Definitive answers require calculation. Competent adults can agree to anything. And: When buying or selling real estate as a principal, it’s good to have a real estate license.

I am currently selling my house and have been talking to realtors.

We have seen the comps and our house should probably go for about $290,000. We have a friend that we asked if she wanted to buy our house. She looked at it and told her sister (who is a real estate agent) that it was for sale. Her sister called us and wants to buy our house as an investment. So we essentially found the buyer ourselves. She is offering us an immediate buy with a selling price of $280,000. The question is… She wants us to pay a 5% realtor commission and all the closing costs. She said it’s a good deal because we won’t have to worry about open houses and then maybe the house won’t sell for months. We could sell right now and rent back until we are ready to move in Jan. I would think that since we are theoretically selling the house ourselves (we found the buyer) then why should we pay her a fee? Any help would be greatly appreciated.

This is ultimately a net proceeds problem, but we’ll come back to that.

First, the fact that your buyer is a licensee matters. She can take compensation for the transfer of real property and then apply that to the costs of transferring that property, a very sweet advantage. When I buy an MLS listed property, I go in with a 3% advantage over an unlicensed buyer. Commission income is taxable whether taken in cash or in kind, but my entry (or exit) costs are essentially reduced by the amount of the commission.

Second, whether or not you pay commission in this circumstance is a matter of mutual agreement. Your buyer wants to structure the deal with a commission for her in order to have that money available in the escrow Read more

Ask the Broker: Is a Buyer’s Agent like a bad penny . . . ?

When is a Buyer Broker Agreement abrogated, anyway?

Is there a law stating that once your contract with your realtor is up that you must include them on the deal of the purchase of a home that they showed you?

No such law.

Feeling relieved? You can stop that right now.

For, while there is no law binding you to your someday-to-be-former Buyer’s Agent, you may well have signed a contract that says that someday never comes. Or at least not soon.

Consider this, from the Arizona Association of Realtors Buyer Broker Agreement:

e. Buyer agrees to pay such compensation if Buyer, within ____ calendar days after the termination of this Agreement, enters into an agreement to purchase, exchange, option or lease any Property shown to or negotiated on behalf of the Buyer by Broker during the term of this Agreement, unless Buyer enters into a subsequent buyer-broker exclusive employment agreement with another broker.

The blank is filled in with a number, often 30, sometimes 90 — although it could be anything, so long as it is something. If the you and your agent mutually agreed to 1,001 days, it will be two-and-three-quarters years before you are divorced.

Unless… You sign another Buyer Broker Agreement.

This kind of hold-over language is common in real estate employment agreements. On the one hand, you can say, “Well, jeepers, why shouldn’t the poor goofball get paid, even if he didn’t get the job done by the deadline?” But on the other hand: “Exactly how much time do you need, you poor goofball?”

The real reason for that kind of language is to frustrate betrayal. If you make a whispering deal with the Listing Agent to cut your Buyer’s Agent out of the deal, that language cuts him right back in.

So how long is long enough to protect the Buyer’s Agent without unduly ham-stringing the Buyer? How about 15 days?

Or how about zero? My attitude is, if you’re done with me, I’m done with you. Whatever you do after we’ve divorced each other is your business.

But different agents will see this issue differently, and this is why buyers and sellers need to read, mark, learn Read more

Blogoff Post #96: Ask the Broker: Are you glad you did this . . . ?

Here’s a question with a following, judging by the 300 unread emails in my inbox:

Are you glad you took the Sellsius° 101 Blogoff Challenge?

Emphatically, yes. BloodhoundBlog is going to end up with dozens of new, worthy posts as a result of this — call it by its right name — dumb stunt.

I normally work from around 6 am to around 10 pm, a 16-hour day. I’ve been at this since last night at midnight, so I’ll finish in a little over 18 hours. My arms are tired and my brain is slightly mushy, but other than that I’m in good form. I could do a listing appointment right now and no one would guess that I’m toast.

On the other hand, I really thought this would go faster than it has. At my best — which ain’t now — I was averaging about nine-minutes a post. The Leggy Blonde has been reading behind me, and she has been gracious enough not to tell me what kind of typos I’m making.

But: This is proof enough that this is possible. My whole life, I have argued that the secret to getting anything done is to not stop doing it, so I could probably throw another 35 posts up against the wall between now and midnight.

But I won’t…

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Blogoff Post #91: Ask the Broker: How dangerous is life in Arizona . . . ?

We disclose the answer to this question all the time:

How dangerous is life in Arizona?

That’s kind of a tricky question. Ignoring the things that can happen to you anywhere, we have hardly any injuries — except for the fatal ones…

Seriously, this is a bright-line disclosure issue on our website. We do an enormous amount of relocation work, and we never, ever want for one of our clients to get hurt because we failed to warn them of the kinds of things that can happen here that don’t happen anywhere else.

So: here’s the Cliff’s notes:

In Arizona, especially in the Phoenix/Scottsdale-area, you are at an inordinate risk from:

  • The sun
  • Extreme heat
  • Dehydration
  • Dangerous desert life
  • Fierce storms

The Sonoran Desert is a place of extremes. It can change from heavenly to deadly in a second’s time.

If you’re planning a move here, please read all of our disclosures — and use that as your jumping off point for serious reading about how to survive here.

Metropolitan Phoenix is a heaven on earth, each day another perfect day in paradise. But you have to learn how to live here…

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Blogoff Post #86: Ask the Broker: What does pre-qualification mean…?

This is a question I’m hearing every day right now:

What does pre-qualification mean?

Why am I hearing that question? Because I’m representing the seller in a house that is not closing, day after day.

So what does pre-qualification mean? Nothing.

What does loan qualification mean? It means the buyer has paid the loan application fee.

What does final underwriting mean? Hide and watch…

Seriously, pre-qualification often doesn’t mean very much. The buyer may have had a phone conversation with the lender. They may have discussed income and debt. The buyer’s credit may have been run. But other than the credit report, there probably has not been any tangible demonstration of the basis of the pre-qualification.

Lenders pre-qualify buyers because buyer’s agents ask for it.

Buyer’s agents ask for it because listing agents ask for it.

Listing agents ask for it because sellers ask for it.

Sellers ask for it because they think it means something.

Everyone else knows better…

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Blogoff Post #81: Ask the Broker: Isn’t there a third foot I can shoot myself in . . . ?

Oh, good grief:

I’m under contract to buy a FSBO. Since the seller and I are doing this without using realtors, I’ve been researching on the internet to make sure I do everything that a realtor would tell me to do. I hired an inspector, and just got his report back. He found a lot of things wrong! Some are little, but some are pretty important like problems with the electricity and slab. I think I’m getting a great deal on the price, but with this much wrong, I’m not sure. How much is too much wrong to accept? BTW, I bought the house knowing it would need alot of handyman type of repairs, and I’m looking forward to that.

I think this is a marvelous example of why no one should buy a home without professional representation. Are you buying a white elephant? You don’t know. Are you paying too much? You don’t know. Are the repairs going to clobber you? You don’t know.

Let’s assume you’re paying market value for the home and that the seller is willing to undertake reasonable repairs. For a well-maintained house in the Phoenix-area, the cost of repairs shouldn’t come to more than 2% – 3% of the purchase price. If we get north of 5%, I’m ready to run — or at least renegotiate the price.

But suppose you’re buying this fixer at what you think is 20% under market, while the repairs are looking to be less than 10%. That might be a smokin’ deal.

In your place, I might cough up the money to hire a very experienced Realtor to evaluate your situation. If he likes your deal, you’re probably fine. If he says, “Walk away,” I think you should run away instead.

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Blogoff Post #76: Ask the Broker: Is it too early for Anthem . . . ?

A local question with broad implications:

In 2004 I fell in love with Anthem, and was actually thinking of moving there. Last year the housing market went so crazy that I decided to wait. And the way things are looking today, I’m afraid now to move there. I still love the area and the houses up there. And the commute won’t hurt me because I can telecommute. But I’m afraid that my house won’t hold its value. Do you have any opinion about the outlook of Anthem?

Anthem is a beautiful master-planned community built by Del Webb. Parks, playgrounds, golf courses, a huge waterpark, a kiddie railroad — in many ways it’s heaven on earth. Heaven may be nearer, though: Anthem is a long drive from Downtown Phoenix. Still worse, there is only one road in and out. When that road is blocked by an accident, nobody comes or goes.

For this reason, Anthem was the first area to betray signs of weakness in last Summer’s buying frenzy. It is also very likely to the be last market area to recover as we get back to normal.

Does that mean you shouldn’t buy there?

Anthem may not do as well in gross appreciation as other, similar communities — for example Estrella Mountain Ranch in Goodyear.

It comes down to this: Does the investment value of your home matter more to you, or the community and amenities you love in Anthem? Your answer to that question will tell you what to do…

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Blogoff Post #71: Ask the Broker: So what about the big, swanky Realtor’s house . . . ?

This is me, confessing:

So you drive a crappy little car. Your real secret is that you live in a McMansion, right?

Wrong. Our home would be described as modest — if only it were bigger. We bought it for the dogs, more than anyone. It has many wonderful features that we love, but the best feature of all is that it backs to the Arizona Canal, a kind of linear river park with a fake river, so the dogs have a great place to go for walks.

But, to be completely honest, we have twice been tempted by big expensive houses. Bloodhaven is still my ideal home/office. And Houndswick breaks my heart every time I drive past it.

Unlike a car, a house is an investment, and much of what we loved about these two homes was to be found in their profit potential. But, luckily for us, we were prevented by poverty from buying either house.

Now you know all my secrets…

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Blogoff Post #66: Ask the Broker: Homeownership and the poor . . . ?

From my sister-in-law:

Why isn’t there more opportunity for poor people to own their homes?

If you were to substitute the word “horses” for “homes”, the question would answer itself, wouldn’t it? Poor people rent rather than own because their income is too low, their credit scores are too low, or their debt-to-income ratios are too high. That much is not rocket science, and it would apply to any other expensive financed possession we might name.

People very enamored of coercive charity can imagine circumstances in which financially unqualified people are given homes — or are given heavy subsidies toward buying homes. But this can only happen by taking wealth away from other people — people who have earned that wealth and deserve every penny of it. Poor people might get more home than they have earned, but only because other people are getting less home than they deserve. This kind of redistribution of purported injustice is made possible only by force — and, by my reckoning, that force is the most vicious injustice of all.

But, even so, there are two persistent problems. First, people tend not to respect what they did not have to earn and deserve. This is nicely illustrated by the awful condition of free or subsidized housing all over the Earth.

Moreover, unless the problem is to repeat itself, the poor recipients of subsidized housing would have to be forbidden from selling it at its true appreciated value — lest it become unobtainable by other poor people in the future.

The poor do not buy homes because for whatever reason they don’t develop the attributes of mind, character and behavior that lead to homeownership. And, even if they were to be given free or heavily-subsidized homes, the restrictions that would have to be placed on the sale of those homes would prevent those poor people from profitably developing those same attributes of mind, character and behavior even after they have become homeowners — in name only…

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Blogoff Post #61: Ask the Broker: How can I escape without taking a scrape . . . ?

Here’s a truly ugly problem:

I’m being transferred and need to sell my house in a new subdivision. Unfortunately, the builder is still selling new houses. To make matters worse, I bought during the summer of 2005, and the builder has actually reduced its price from what it sold it to me for. Do I have any hope at all of not losing a boatload of money?

Probably not.

In fact, better days are coming by and by — we just don’t know when by and by is.

If you can afford to, you can lease the property until the builder is gone and homes have appreciated enough to get you out from under. This may mean that the home will be cash-flow negative — the income will be less than the outflow — which means you will have to make up the short-fall out of your income. This may become a losing proposition overall.

A second possibility is to sell it as a lease-purchase at a future value that will get you out from under. You may still be cash-flow negative, but your buyer will probably be a more conscientious tenant. If he elects not to buy, you will keep any down payment, which can help with your expenses. You could end up doing this more than once

A third alternative is to sell the property for less than you owe on it, bringing your own money to the closing table to pay off the lender. As bad as this might seem, it’s better than putting a foreclosure on your credit…

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