MyHouseValue.com

So you Know your house value, your ready to sell and you definitely should know these twelve rules and regulations the every home seller should be fully aware of before putting your home on the market, let alone putting it under contract!!!  Fail to miss one of the following items and at best your buyer may walk away from the sale and just void the contract … at worst you will end up on the wrong side of a law suite and the cost to you could be huge!!!

• Seller Disclosure Laws
• Lead Base Paint Disclosure
• Federal Fair Housing Laws
• State and Local Housing Laws
• laws regulating Advertising and Marketing
• Real Estate Contract Laws
• Zoning and Local Ordinance Laws
• Occupancy Laws
• Building Code Laws
• Environmental Rules and Regulations
• Stigmatized Property Laws
• Governmental Rights and Real Property Laws
• Plus Other Rules and Regulations impacting the buying and selling of real property / real estate in your specific area.

America has become a very litigious society … so when it comes to the largest purchase / investment that most buyers will ever make, take the time to make sure that you are on the right side of the law.  As stated earlier, you can do everything right and carelessly miss a disclosure and you can find yourself in a large legal battle that you will loose!  This is why most real estate agents carry over $2,000,000 in E&O insurance and why selling your home For Sale By Owner may look like you could save a few dollars but with one small misstep you could cost your self thousands of dollars and years of sleepless nights.

Any questions on specific disclosures or regualtions - please contact a local realtor here at http://www.myhousevalue.com/realtor.php and if you would like more details on a specific item please do not hesitate to comment.

You have done your homework.  You have determined your fair market value.  You have set our homes price. You have shown your home and gotten and offer and signed it!   So, is your home under contract and now the questions is … have you really sold your home?   Here are 6 must have elements that a real estate contract has to have in order to be valid and enforceable in most US States.

1. Competent Parties - there must be atleast two parties to a contract of sale
2. Names and Signatures / Initials of all parties to the contract of sale
3. Consideration - there must be some sort of promise to pay (deposit, no matter how small)
4. Must be in Writing - if it isn’t in writting is isn’t enforceable!
5. Clear description of the property - normally just the address is acceptable
6. Meeting of the Minds - an unqualified acceptance of the offer so that the seller clearly understands the terms and conditions of the buyer’s offer and the buyer clearly understands the performance required and the timing of these obligations.

It is that easy to sell you home … and if you are not careful … you could miss a required item.  So, review your contract!

According to a well know Economist and Senior Real Estate Research Analyst Harika “Anna” Barlett you really have to look at the details as to whether selling For Sale By Owner is a smart business decision or not … she writes :

With housing inventory at its highest since the early 1980s, a greater number of home sellers understand the value of professional representation. This is understandable given that the housing market has been challenged in the past two years and inventory of homes for sale reached its highest point since the early 1980s.

The 2008 NAR Profile of Home Buyers and Sellers reveals that among recent home sellers surveyed in August 2008, the pure For-Sale-By-Owner (FSBO) sales - those cases where the seller did not know the buyer - remain historically low at 7 percent. It had been closer to 10 percent during the housing boom years.

Among the shrinking pool of FSBO sellers, the outcome results of such sales are highly questionable. FSBO sellers, who sold their home to someone they did not previously know, sold their homes within a median of six weeks. By contrast agent-assisted sales took a median of nine weeks. In addition, the median selling price as a percentage of the asking price was 97% for those FSBO sellers, compared to 96% among agent-assisted sales.

At first glance,  FSBO transactions appear to be doing quite well. However, the median selling price of an open market FSBO home was $150,100, while the median price for agent-assisted sales was $211,000.

FSBOs have typically been more popular among lower income households trying to sell lower priced homes. So one may argue that price difference results between FSBO and agent-assisted sales is due to characteristics of lower-valued and smaller-sized FSBO homes. Indeed, the average home size in FSBO sales is smaller. The median home size in open market FSBO sales is 1,515 square feet, compared to the median of 1,850 square feet in agent-assisted sales.

However, when we compare median prices per square foot of home, the data show that it was $92 in FSBO sales, and $116 in agent-assisted sales, with a difference of $24 per square foot of home sold. Considering the median size of 1,515 square feet in FSBO sales, this translates into a price difference of $36,360 on a size-adjusted base. So the claims that FSBO sales are getting completed faster and the owners get a price closer to their asking price are misleading. The FSBO homes, given the nature of the market, are being listed at deeply discounted prices. Because lower prices get buyers’ attention, any subsequent price concession afterwards tend to therefore be small. FSBO owners have in essence mispriced their homes too low.

The chart below shows the price comparisons between FSBOs and agent-assisted sales. The FSBO segment is broken out between those sellers who already knew the buyer to delineate arms-length transactions like those that with occur within a family or friends.

BOTTOM LINE - it appears that when selling for sale by owner although you a saving money by not paying a real estate professional to get the job done for you but you are also selling your home at a deep discount.  In the end it demonstrates that when you sell by owner you are more likely to net less money than if you had allowed a top professional.  Bottom Line - get a great realtor on your side and net top dollar on the sale of your home.

Jim Bim

As always your questions and comments are greatly appreciated!

STOP - LOOK - LISTEN … a warning to all sellers!!!

Here are the TOP 5 REASONS why home buyers select the real estate they do!!!

1. PRICE … it is true … price will rank higher than location!!!
2. NEIGHBORHOOD … show it to them … curb appeal, pride of ownership, physical attractiveness of the street/area
3. SCHOOLS… Highly rated schools will bring value to the home, especially to buyers with school age children.
4. WORK … what is your proximity to, diversity of work and the overall stability of the employment in the area.
5. SHOPPING … that’s right, shopping!!! People shop and they really do not want to be to far away and yet they do not want to be to close!  The more diversified the shopping the better!

What causes a home to sell or not sell ???   This is really not brain surgery - give people what they want!  And, if you can not, then you have to adjust the price in order to make up the difference.  Look at your competition and if you do not have what they have and your are not as convenient they you must adjust in order to cause a sale.

Jim

how do you read today’s market place and bring success to the process?  Here are 3 really simple steps to discovering your real estate market value.

STEP # 1

You must be objective.  Take your seller’s hat off and put on the hat of an impartial analyst.  Even better than that, look at your property through the careful eyes of a well informed buyer.   At your price, under your properties current physical condition and your terms and conditions … will it be a good buy in the mind of a ready willing and able purchaser?

STEP # 2

Look at the following general marketing information :

1. The local, state and national economic picture (trend) with an emphasis on the employment as well as the population growth.
2. Interest rates (trending up or down)  
3. Housing supply and demand  for your neighborhood, community, area and State
4. How quickly are properties selling 

STEP # 3

Compare your property to other comparable properties in the following areas.   This will assist you in acurately appraising how you property will “stack up”:

1. Current Competitive Real Estate For Sale
   1. Listed real estate
   2. For Sale By Owner
   3. Bank Owner Properties
   4. REO Properties
   5. Distressed Sales
   6. Foreclosure
2. Current Competitive real estate that are under contract and pending closing
3. Real estate that has recently sold and settled that is just like (as close to as you can) your property. Recently mean 2 or 3 months old or less.  If it is longer ago than that then you must adjust for time.  If your market is falling or flying, you must take that into the pricing equation.  Knowing this fact and implying it is where even experienced real estate professional fall short.
4. Properties that failed to sell over the last 6 months … learn why they failed to sell … was it:
   1. Price?
   2. Terms?
   3. Conditions?

Know this one clear fact … every home … all real estate can sell if you take the right actions based upon accurate information.  This is one of those times in life that knowledge is power and when you act upon accurate information while removing the emotions of the decision, it is simple to get real estate sold fast and for TOP Dollar.

Jim

So you are going to go it alone and try to sell For Sale By Owner (FSBO) …

1. Determine Value
   1. Realtor
   2. Appraiser
   3. Your Self
2. Home Inspector
3. Mortgage Loan Officer
4. Environmental Specialist
5. Radon Gas Expert
   1. Test
   2. Mitigation
6. Lead Paint Expert
   1. Test
   2. Mitigation
7. Well Expert
   1. Quality Test
      1. Labratory to obtain results
      2. Qualified individual to mitigate issues
         1. Systems - For Example:
            1. Softener
            2. Nitrates
            3. Bacteria
            4. Iron
            5. Etc.
   2. Rate Test
      • Yield
      • Flow
8. Septic Experts
9. Building Inspectors
10. Zoning Inspectors
11. Soil Sampling Experts
12. Flood Plain Analysis
13. Termite Experts
    • Inspection
    • Mitigation
    • Repair
14. Surveyor
15. Property Appraiser
16. Insurance Provider
17. Attorney
18. Title Company
19. Moving Company
20. General Repair Personal
    • You may need everything from a carpet guy to a trim guy and everything in between in order to have your home ready for sale and then repaired after the home inspection.

Good Luck …. as most real estate agents learn after going through a few transactions … no two sales are alike and you have to have the skills to be very flexible while consistently discovering new contractors that can take you through every phase of any transactions.  For me personally, it took approximately 5 years and well over 300 real estate transactions before day in and day out I had all of the tools I needed.

If you have any question, comments or assistance please do not hesitate to ask.  Also if you should have a comment or suggestion we would welcome your input.

Jim

The best decision you can make is to hirer a strong real estate agent to be on your side. Remember, just because they are on your side does NOT mean that they tell you what you want to hear! A great real estate agent will tell you what you have to hear as well!!! So, when you are considering asking an agent to represent you consider asking some or all of these questions. Also, if you have others, i would love to hear them!!!

1. How long have you been selling real estate?
   • In today’s ever changing market time can be important - ONLY - from this point of view : an agent that has been around only for the past 10 years has never seen a market like this and may not know what to do.  Where as an agent who has been around since 1989 - they have already been through this market and know what actions to take in order to assist you in obtaining your goal!   And if they have been around for less, do not pass them over, it just mean that you need to ask more questions on what their plan of action to sell your home is!
2. What professional designations do they have?
   • To be frank, this is important only from the point of view are they keeping educated?
   • An even better question may be … how are you improving your skills???
     • Are they being coached?   There are several great real estate coaching companies that work only to help make Realtors better at there job and this is really what education is about … getting better at your job … NOT designations.  Sales is about action not credentials!
3.  Are you actively involved in your local Board of Realtors?
   • Again here you are looking to see if they are involved.  There is a balance here.  If they are over involved they may be more in it for the interaction.  You want an agent who is out and about BUT focused on the job of selling homes.   I really busy agent will not have a lot of extra time to spend on miscellaneous activities that do not produce results and money!
4. How many homes have you sold in the past year?
   • In the past month?
     • Buyer controlled transactions
     • Seller controlled transactions
       • If the person you are speaking with in selling more than 30% of their transactions with buyer controlled sales, you may not have the right person.  You want an agent who will focus on listings and selling your home … NOT using your home as a tool to capture buyer leads from your home.
5. What is your average listing price?
   • the answer you really want here is to see a great variety of homes … high low and in between … unless you have a very upper end home … multiples of millions of dollars, you really want an agent that is active in all ranges not just you small segment of the market.  Activity breads Activity and that brings sales success!
6. What is your average list price to sales price ratio … in other words how much are you actually negotiating off.
   • Also - ask …
     • Is that the difference from the initial offering price?
     • How do you know when it is time to make adjustments?
7. What is your average days on market for a listing you have?
   • You want a low number here … agents who allow listings to set on the market for long periods of time simple do not have the strength that you must have in an agent to help you net top dollar.
8. How many homes have you sold in this area?
   • Consider this … if they have not sold any homes in your neighborhood that really does not matter, because if they know their job, they can sell in your neighborhood!  Sales is Sales … the point is do they know how to get the job done?
9. What specifically will you do to cause my home to sell?
   • Do they have a plan?
   • What direction are they going?
   • Can they help you to feel comfortable and confident in their ability to sell your home?  IF not … they will not have the ability to get the job done.
10. May i see a copy of your marketing plan?
    • Here you want to see action oriented activities NOT passive activities
      • Action Oriented - they are doing something ( prospecting)
      • Passive Oriented - they are waiting for something to happen (open houses)
11. What are you willing to spend on marketing my home?
12. What specific procedure will you follow to help establish a price for our home?
    • How do they actually come up with the price?
      • Do they just ask you what you want and then agree with you?
        • THIS IS DEATH … you do not want a “yes man” you want a strong representative that has the courage to tell you the truth even when you do not want to hear it.   Simply because this is the difference between selling your home fast and for top dollar verses not selling or just giving your home away at bargain basement prices!
13. What will you do to keep us informed regarding any changes in the market place which may impact our price and terms?
14. How often can we expect to hear from you once we have given you  the listing on our home?
    • This is a fine balance … you want communication and you do not want to be spending so much time that you keep your sales force in meeting with you rather than focusing on getting the job of selling your home.
      • i would suggest one call a week … NO more than two
15. May i see your professional service brochure and/or a resume?

When you are selecting an agent you are determining from second one how your home sale will go.   Make a good choice and you will have success … Make a poor choice and it could be a long unpleasant process.   When asking these questions, you want really be looking at how does the agent handle the pressure? Do they fold, are they relaxed and have a bring it on attitude and are they conversational … Hirer a great salesman or woman.   As for you have a friend or family member … this is tough … you have to ask yourself this :  are you looking to do your friend or family member a favor or are you looking to do the best thing for yourself and your family?  I have seen more friendships lost over the fact that someone entrused their biggest assett to a friend and in the end the family member or friend just could not get the job done!  

Pick wisely and may success be yours!!!

Jim Bim

For Serious Sellers only … The TOP DOLLAR, TIMELY SALE, NO HASSEL PLAN

If you want …

Top Dollar

A Timely Sale

And a No Hassles

THIS IS THE PLAN FOR YOU!!!  Follow these 5 Steps :

STEP # 1 - Price your house at the lower end of your property’s realistic price range

STEP # 2 - Market your house for two weeks before ANYONE is allowed in to view it.  OPEN HOUSE

STEP # 3 - Get your house “market ready” … Staged and 100% ready to show - Model Condition

STEP # 4 - Get your house “OPEN HOUSE READY” the day before - signs, staged, 100%

STEP # 5 - Get ready for offers the day of your open house and be ready to make a deal happen!

Sellers … Caution ALL sellers … My Top Ten List of people to Avoid Taking Advice From  :

1. Don’t know YOUR marketplace
2. Haven’t taken the time to thoroughly inspect your property
3. Don’t know your circumstances in DETAIL … goal, timetable, motivations and so forth
4. Like or Love you but don’t  approach your situation objectively or knowledgeable
5. Will tell you what you want to hear but don’t have the facts or data that would help you make a more realistic decision
6. Will always have a better DEAL you could have or should have gotten or made.
7. Talk too much … but never seem to listen.  If one does not really know your issues, how can then have the BEST solutions?
8. Always bad mouth others but bring nothing concrete to the table themselves
9. Can not show you a logical, detailed action plan that addresses your situation
10. Have no proven track record for results to those you want or need to accomplish.

You know advice and opinions … everyone has them BUT few actually have the knowledge or experience to back up what the have to say.   I have seen more people make really bad choices over what a well meaning parent has told their uninformed child to do.  The really sad part of it is that the parent is only trying to protect the child and they are basing their advice on faulty information; so, in the end … trust your decisions upon the knowledge of a trusted and proven professional.  It really is the only safe path to take.

Thanks - any questions or comments, please do not hesitate to ask and as always your input is greatly appreciated. 

Jim

Are you truly serious about selling???  Let’s really find out.  Take the following quiz to find out!

By answering the following three questions you will have a better idea if you are truely a serious seller or not!  In my more than 20 years of experience in selling real estate, i have found that “Serious Sellers” tend to net the most money at closing, have the least amount of hassels and headaches while getting their desired results in the shortest period of time.

QUESTION # 1 … Why are you moving?

The more compelling your reason(s), the more realistic you are apt to be about the realities of your market conditions.

QUESTION # 2 … What is your timetable for making the move?

Most sellers do not get realistic about the realities of the marketplace until time is of the essence.

QUESTION # 3 … Are you committed to moving?

If you are not committed to moving within your stated time frame, you are likely to neglect doing the “little things” that would create a sale at top dollar - no hassles - and a timely sale.

REMEMBER THIS - Buyers are objective about price and value.  They are shopping for the “Best Deal”.  Serious sellers know this and respond objectively by pricing and marketing their property in a way that compels the hgih quality motivated buyer to be interested and this creates a sale at top dollar, in a timely manor and will few or no hassels.  Now that is what selling is supposed to be all about!!!