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Sunday, May 29, 2011

Buyer Etiquette When Viewing A Home.

Viewing homes is one of my favorite things to do in my job as a real estate agent. There are situations that my clients often encounter which need to be addressed beforehand so everyone is comfortable.  Here are a few of them:





      “Is it ok to use the bathroom?” During a long day of seeing homes, inevitably someone needs to use the bathroom. Is it ok to use the seller’s if you are nowhere near a public restroom? Yes. But make sure there is running water, as some foreclosures have their utilities cut off. Also, leave the bathroom as you found it – and don’t open cabinets or drawers!


“Why are those people here when we made an appointment?” This has happened quite a few times, when my clients and I have arrived at a home, and the sellers made multiple showing appointments for the same time. This is different from an open house, when one expects to view it with others around. The sellers are really doing themselves a disservice here, because other people can be very distracting. I usually speak with the other agent and ask how long they might be. If we aren’t on a tight schedule, I wait 5 or 10 minutes until they leave. Now I specifically ask the sellers or their agent to keep that time exclusively for my clients.


“Should we take off our shoes?” If there are shoes outside the front door and a basket of paper booties, yes. Many sellers don’t want dirt and germs from who-knows-where tracked into their home. Sometimes there is a cultural reason for removing shoes before entering. So if you see a sign or a dedicated place to remove shoes, please honor it.


“What about the poor cat/dog/bird in the garage?” Sellers often put their pets in the garage so buyers can view their home without distraction. Sometimes they are in crates or free to roam around. Many buyers are animal lovers (like me) and want to interact with the pets, but it’s important to keep clear of them unless you have permission from the sellers.


Hope this helps address a few buyer etiquette issues. Happy house hunting!

Tuesday, May 24, 2011

Buyers: Watch out for this short sale scam!

When in contract on a short sale property, it's important to understand all the legal and tax ramifications of proceeding with the transaction.  Your real estate agent, tax consultant, and attorney can advise you on these issues. 

Here are two scams that you can watch out for during the process of purchasing a short sale:

     Last minute Seller debts.
     You, the buyer, are in escrow on a great property at a great price.  Then the listing agent, or seller, announces that there is a seller debt that must be paid by the buyer outside of escrow.  The debt may be to a recently formed LLC who has a judgement against the seller, or there is a new mechanic's lien which will be filed against the property which will stop the sale, unless the payment is made by the buyer right away.

     In most cases, the lenders don't approve these kinds of payments outside of escrow.  Ask for more information about the debt, and ask your real estate agent to speak with the short sale negotiator about the judgement or lien.

     The second lienholder wants to be paid outside of escrow.
     In some cases, a short sale property has two or more lienholders.  The second and subsequent liens are usually underwater with little chance of being paid back 100%.  Often, the lienholders will refuse to approve a short sale unless they can recoup a certain percentage.  To keep the negotiations moving, some agents, short sale negotiators or escrow officers will suggest paying the junior leins more than the senior lienholder has approved - outside of escrow.  They reason that if the payment is identified in a HUD-1 which the first lender sees prior to the close of escrow, then that is sufficient notice to the first lender of extra payments.  Always get approval of payments in writing.

     There are quite a few reasons why this is not allowed, but the most important is that it can result in civil damages in favor of the lender.  The first lender is usually a bank with deep pockets and dedicated attorneys who will recover money they feel entitled to.

     Creative solutions to buying real estate can be an important piece in accumulating wealth, but trust your instincts when agreeing to something that can't be identified in the escrow documents.