Posted on 18. January 2012 03:46 by qmiskini

 

The New Year has brought with it a number of new negotiation points to work through for Realty Teams representing Buyers making offers on REO (foreclosed) properties.  The most myopic negotiation point to date came up the other day in a multiple offer and highest and best negotiation situation one of our Team’s Buyer Specialists is negotiating.

The property is a foreclosure in a pleasant sub division in Kennesaw, GA.  The Investor (the actual owner of the property’s note that is serviced by a Lender) invested the money to clean up and update the property.  It is a great move-in condition home and perfect for the young first-time buyer hoping to close the deal on their first new home.  A realistic Comparative Market Analysis was completed prior to presenting an offer to the REO listing agent for presentation to the asset manager directing the sale of the property on behalf of the Investor.  The asset manager had smartly instructed the REO Agent to list the property at around 10% below fair market value.  So, here is a great property at a very good price.  Not an unfair tactic on the part of the asset manager, but one our Buyer Specialist was aware of when the offer was written.  A multiple offer situation and a highest and best competition were expected, and the Buyers were told that the property would likely sell for around 10% above initial list price.  Within days there were multiple offers. 

As with all offers our Buyer Specialists present, an Appraisal Contingency exhibit was included.  This is an important protection for the Buyer.  It states that an appraisal will be completed within a specific number of days following binding agreement, and that if the property appraises for less than the initially agreed selling price, the Buyer has the right to ask the Seller to lower the sale price to the appraisal price.  Without this exhibit, the Buyer must pay the previously agreed selling price, even if their lender will only finance a loan for the lower appraisal price.  The Buyer would have to come up with the difference in order to complete the sale.  The use of the Appraisal Contingency Exhibit is a commonly used, fair and necessary protection for the Buyer.

In this offer, however, the Investor steadfastly refused to accept the Appraisal Contingency stating: “The seller rejected your client's last counter.  Seller will not take an appraisal contingency.  Seller indicated he will not agree to appraisal/sale price adjustment. 

Seller staying firm in his belief if the property is on a multiple offer situation, the buyer is willing to pay the difference.

Please note property is available to any potential buyer.  We are getting too many inquiries at the present time, to include buyers that previously submitted an offer. “

 With the seller (Investor) refusing to accept an Appraisal Contingency, the Buyer is being placed in double jeopardy.  First, if the property does appraise for less than the selling price, the Buyer will have to still pay the difference to close the sale.  They will have to pay more than the property is worth and start out under water. But if they refuse to pay the difference and back out of the sale, under the terms of the agreement they will be in default and lose their earnest money deposit.

Perhaps there are some Buyer Agents that will let their Buyer take that risk.  Not us though.   

Buyers… purchasing a home is an emotional experience; but it is also an important, and often, your biggest investment.  In real estate you make your money when you purchase your home, not when you sell it.  Buying your home for the right price at the start helps significantly in managing the home’s equity value when you sell it.

As for this Investor and asset manager:  Are they coy, wise, greedy, myopic?  How tough is too tough before Buyers and experienced Buyer Specialists simply must move on and reject an otherwise great property?

Don’t forget…selling or buying a home is a process and a journey, not an event; you will want to subscribe to our free video e-mail series for home sellers and buyers. For access to the complete series of free video and informational emails that can provide you with many of the important strategies and information you will need to make the best home selling or buying decisions you can CLICK HERE ==èSPECIAL E-MAIL SERIES REPORTS and ask for the free no obligation series of email reports to be sent to you regularly over the next few weeks.  Just put FREE VIDEO EMAIL SERIES in the subject line and let us know if want the home seller or home buyer series. 

If you just want to see what other homes in your area are selling for by searching the MLS CLICK HERE =èSEARCH THE MLS FREE

Or contact us directly for free, no obligation information at info@TMTRealtyGroup.net

 


Posted on 2. November 2011 02:28 by qmiskini

 

Last week we spent a full day with nearly 200 of the top REO sales and marketing teams from across the USA listening to the collective thinking of eight of the top asset managers from six asset management companies representing billions of dollars of foreclosed properties for both large and small banks and investors.  The information they shared was a stark commentary on the state of the housing market today and their best prognostication of the market to come.

They described the huge backlog of “grey or shadow inventory,” perhaps as many as 6 million mortgages in default or eminent default still to come to the market.  That number in itself is more than 10% of all mortgages nationally.  If the market is depressed today, imagine what would happen to the housing market and home prices if all these defaulting mortgages were foreclosed at once.  A huge quandary for banks and investors holding these defaulting mortgages: How to clear the inventory from their balance sheets, which hurts their financial health, without crashing the housing market.

Although it seems like a large portion of the resale housing available for sale today are foreclosed homes, a rising percentage of the distressed properties for sale in the Metro Atlanta market and across the country are short sales. These are properties whose mortgages are in default and whose owners are attempting to sell and also work out a settlement with their mortgage holder to repay less than what is owed and have the balance (called the deficiency) forgiven.

For sellers of short sale properties this is still, although a good alternative to foreclosure, a tough row to hoe.  Banks, investors and the asset management companies hired to manage the short sale negotiations are still woefully understaffed.  Processing and procedures vary widely from bank to bank, and federal and local regulations and restrictions on how Realtors can represent sellers in short sale transactions are restrictive and inhibiting.  Not a pretty picture out there.

The bright side of this gloomy picture is that industry professionals recognize what a mess the market and the process to clear out the glut of defaulting mortgages is.  But there is much work to be done to stabilize home prices and allow the housing market to help lead the nation out of economic distress.

As Realtors, the more we know about how to navigate the unclear and turbulent waters of marketing and selling short sale and foreclosed properties, and the sharper our understanding of the internal systems of lenders and asset managers when negotiating sales for our distress sale sellers and buyers, the clearer the housing picture will become.  Taking many months to unsuccessfully negotiate a short sale transaction only to see the property go to foreclosure helps no one.  Learning how to successfully bring a short sale offer to a defaulting seller’s lender and thread the eye of the needle in order to get the sale approved, clearing one by one the backlog of distressed homes from the market, can only speed up change in this otherwise dismal residential housing environment.

At the end of the day, it may well be educated and adept Realtors and their Teams, who have become expert at guiding defaulting sellers and bargain hunting buyers through the process, who will clear out the defaulting inventory and bring the market back to health.  We can help distressed home owners find financial relief, and help buyers anxious to find a good opportunity at the bottom of the market to find the “perfect home,”  stabilize neighborhoods, and do our part in forging a path toward economic recovery.

Until then, there’s is no telling how long this tough market will continue.

Remember… selling or buying a home is a process and a journey, not an event; you will want to subscribe to our free video e-mail series for home sellers and buyers. For access to the complete series of free video and informational emails that can provide you with many of the important strategies and information you will need to make the best home selling or buying decisions you can CLICK HERE ==èSPECIAL E-MAIL SERIES REPORTS and ask for the free no obligation series of email reports to be sent to you regularly over the next few weeks.  Just put FREE VIDEO EMAIL SERIES in the subject line and let us know if want the home seller or home buyer series. 

If you just want to see what other homes in your area are selling for by searching the MLS CLICK HERE =èSEARCH THE MLS FREE

Or contact us directly for free, no obligation information at info@TMTRealtyGroup.net

 


Posted on 19. October 2011 05:18 by qmiskini

 

 

OK.  So now you have a binding agreement and it’s time for your Realtor’s Team of professionals to assist you in the necessary due diligence work to be sure the property you are about to purchase is physically all you hope it is.  A home inspection, termite inspection, roof inspection, heat & air systems inspection, and more all paint a complete picture of the property’s current physical condition and offer direction on what it will require to put it into tip-top shape.

For all residential home sales in the Atlanta Metro Area, as detailed in the Georgia Association of Realtors (GAR) Purchase and Sale Agreement, you have both rights and duties as stated in the Inspection paragraph of the Agreement.  They are:

10. Inspection.

A. Right of Buyer to Inspect Property: Buyer and/or Buyer’s representatives shall have the right to enter Property at Buyer’s expense and at reasonable times (including immediately prior to closing) to inspect, examine, test and survey Property. Seller shall cause all utility services and any pool, hot tub and similar items to be operational so that Buyer may complete all inspections under this Agreement. Buyer agrees to hold Seller and all Brokers harmless from all claims, injuries, and damages arising out of or related to the exercise of these rights.

Copyright© 2011 by Georgia Association of REALTORS®, Inc. F20, Purchase and Sale Agreement, Page 3 of 7, 01/01/11

B. Duty of Buyer to Inspect Neighborhood: Buyer acknowledges that: (1) in every neighborhood there are conditions which different

buyers may find objectionable and (2) Buyer has had the full opportunity to become acquainted with all existing neighborhood conditions (and proposed changes thereto) which could affect the Property including without limitation land-fills, quarries, high voltage power lines, cemeteries, airports, prisons, stadiums, odor and/or noise producing land uses, crime, schools serving the Property, political jurisdictional maps and land use and transportation maps and plans. It shall be Buyer’s sole duty to become familiar with neighborhood conditions of concern to Buyer. If Buyer is concerned about the possibility of a registered sex offender residing in a neighborhood in which Buyer is interested, Buyer should review the Georgia Violent Sex Offender Registry available on the Georgia Bureau of Investigation Website at http://www.gbi.georgia.gov.

 

These rights and duties apply whether you are purchasing a foreclosed home in Roswell, or a short sale in Canton, or a retail sale in Marietta, or new home construction in Woodstock.  Once the inspections are completed you will have one or more Inspection Reports from which you will likely have a list of items you would like the Seller to repair.  Those items are presented to the Seller through a document called Amendment to Address Concerns with Property.  Just when you thought you and your Realtor were finished negotiating the purchase of this home, you are right back into a new negotiation.  Usually both the Buyer and the Seller want to find a fair approach to these concerns, but sometimes the two different perspectives clash.

Buyers want to be assured the huge purchase they are making is not only emotionally pleasing but physically sound.  Sellers want to close the transaction on time, but don’t want to see their shrinking bottom line reduced any further.  There is a good pre-listing defensive action Realtors on our Team suggest to our sellers: Hire a home Inspector to determine all the physical issues that need attention and get them repaired before you put the home on the market for sale.  Then, when your home is inspected during the due diligence period of the sale, it is likely few or no imperfections will turn up in a new inspection.  And Buyers are usually more willing to pay closer to the Seller’s asking price when a home is in top condition and well presented.  By sharing the Inspection report and evidence of the repairs made, a sometimes contentious set of issues that appear at a critical moment in the transaction are completely avoided.

Most Buyers will want every item that turned up during inspection to be addressed.  Most sellers will address all the necessary items such as electrical issues, plumbing issues, exterior “deferred maintenance” issues, heat and air conditioning servicing, termite damage, and other important issues.  But they will resent being “nit-picked-to-death” as one Seller recently conveyed to one of our Team’s Buyer Realtors, if the list of “concerns” is “endless.”  Here is where the experience of your Realtor helps keep all parties focused on finding agreement.  Sometimes smaller, inexpensive simple maintenance issues can be traded for larger more expensive concerns.  Sometimes, a cash settlement or a price reduction allowing the Buyer to make the repairs, but be compensated by the Seller, is a good negotiated solution.  Finding a fair and appropriate balance between the Buyer’s concerns and the Seller’s willingness to address those concerns can sometimes be more tense than the original price and terms negotiation.

The Buyer’s Amendment to Address Concerns is an important document; and when the Seller’s Realtor can help their Seller understand why addressing those concerns is important, and helps them to economically and appropriately get them resolved, both the Buyer and the Seller win!

Remember… selling or buying a home is a process and a journey, not an event; you will want to subscribe to our free video e-mail series for home sellers and buyers. For access to the complete series of free video and informational emails that can provide you with many of the important strategies and information you will need to make the best home selling or buying decisions you can CLICK HERE ==èSPECIAL E-MAIL SERIES REPORTS and ask for the free no obligation series of email reports to be sent to you regularly over the next few weeks.  Just put FREE VIDEO EMAIL SERIES in the subject line and let us know if want the home seller or home buyer series. 

If you just want to see what other homes in your area are selling for by searching the MLS CLICK HERE =èSEARCH THE MLS FREE

Or contact us directly for free, no obligation information at info@TMTRealtyGroup.net