BREAKING NEWS
New Rules of Options to pay Real Estate Agents went into effect August 17, 2024
BUYERS
CAN CHOOSE IF THEY WANT TO USE, AND PAY, AN AGENT TO BUY A LISTED HOME OR NOT -BUT ARE NOT REQUIRED TO DO SO- BETTER AND LESS EXPENSIVE OPTIONS EXIST
SELLERS
NO LONGER HAVE TO PRESET AN AMOUNT TO PAY A BUYER’S AGENT IF THEY LIST THEIR PROPERTY FOR SALE
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Federal Reserve Expected to cut another 25 basis points
off the fed funds rate at the December 2024 meeting.
If so, this will be the third cut in a row!
Keith L. Eliou, Esq., CFP, RIA, MBA
- Financial & Retirement Planning
-Mortgages & Real Estate
-Elder Law & Estate Planning
-Asset Protection Planning
-Medicare & Retirement Planning
-Disability and Income Protection
- Life Insurance
- 529s and Education Planning
Steps ONE through SIX are suggestions on how to PREPARE for a purchase. Step SEVEN suggests that buyers shop for homes either on their own through one of the hundreds of websites that have the Multi-List listing information or they could hire an agent for a one time modest fee to set up a search (most likely Flat Fee companies would be happy to provide this service as would our company) and have homes sent to them that fit their criteria. When they find a home of interest, they should contact the specific agent for the seller (not just the same agency); ask what, if anything, the seller is willing to pay a buyer’s agent, and ask to see the home[ confirm these in writing] (there is no need to involve another agent if you don’t want to pay for a double commission). Steps EIGHT through ELEVEN lay out information about making the offer, conducting inspections and the closing process. This checklist should be used in conjunction with appropriate representation.
Keith Eliou is the real estate broker/owner of Keith Eliou Real Estate Services. He has been a member of the local multiple listing service for almost 25 years. Keith is a real estate and elder law attorney. His credentials include an MBA, CFP (Certified Financial Planner), RIA (Registered Investment Adviser), Mortgage Loan Officer and Owner of Advocate Mortgage Services Inc. (which has closed hundreds of millions of dollars in mortgages over the last 25 years), Health and Life Insurance Agent and owner of Advocate Insurance Agency, Inc. (providing Medicare insurance and insurance to protect against the cost of long-term care/disability). Keith has conducted hundreds of real estate closings and is an approved attorney for the issuance of title insurance. His real estate company is designed to provide high quality representation with options to reduce costs involved in the purchase and sale of real estate. He has written several books on real estate and elder law topics and has taught classes to other attorneys regarding different options to pay for real estate services.
NMLS 100276/1269
This checklist and guide is not intended to be all inclusive but rather to give you a road map of how the typical residential real estate purchase flows. There are provisions for your notes in some place and you can use the margins to jot down reminders during your search. You can not rely on this guide alone and should always seek out the services of the appropriate professional.
Our suggestion is to purchase three (3) file folders. One to keep information about different properties in which you have an interest; another for the transaction documents relating to the home that you purchase, (such as the seller disclosure, agreement of sale, home and other inspections, final closing disclosure and title insurance policy) and a third for your documents needed for a mortgage application (see Step 3).
This checklist and information is generally applicable to properties owned by individuals. Should the seller of the property being purchased be an entity or combination of individual and entity, other considerations apply, for example:
When you are shopping for a home, know what you want to buy.
CONSIDER THE FOLLOWING FACTORS (which are not all inclusive but meant to prompt your thoughts) WHEN DETERMINING YOUR IDEAL HOME:
It's critical that you have a good understanding of the price of similar properties that are on the market currently and those which have sold within the last year.
The are a number of public websites such as Homes.com and Zillow that can give you information about what is on the market and what has sold.
Pay attention to the number of days that the homes have been on the market and the ratio of list price to sale price. That will tell you, in general, how long homes stay on the market and how close the sales prices have been to the asking prices.
Once you have the information, we suggest that you go to STEP THREE and run the numbers on mortgages and payments. You may qualify for a house payment that is higher than you desire or you may need to consider altering the options in STEP ONE.
As an owner of Advocate Mortgage Services Inc., which has made hundreds of millions of dollars in mortgages, I always suggest to buyers:
Just because you have followed the above steps and have been told that you qualify for a mortgage to purchase a new home without the sale of your current home, the question then becomes, are you willing to do that?
In a SELLERS MARKET, buyers sometimes face stiff competition when placing an offer on a home. Real estate agents often request buyers present their “HIGHEST AND BEST OFFER” or suggest that they put an “ESCALATION CLAUSE” in their offer. HIGHEST means the highest price a buyer will pay and BEST has to do with what contingencies are in the contract. ESCALATION CLAUSES provide that the buyer will pay a certain amount over a higher priced offer up to a maximum sale price. HIGHEST AND BEST ARE USED MORE OFTEN AND USUALLY PREFERRED BY SELLERS.
In either case, should you as a buyer have a home to sell before you buy, you are probably going to lose out in a bidding battle if you make that a contingency in the agreement. So, here are things to consider:
There are many details and areas of concern when buying before selling that you should consider so we recommend that you consult with a knowledgeable loan officer to probe the pros and cons of this approach. And be prepared so that you don’t lose out on purchasing the home you really want.
Borrowers who have not taken the time to be educated about the current market for real estate often are unsuccessful in their initial offers to purchase. They frequently pick a number out of the air as a wish for the sale price.
Your agent, in addition to running searches of what comparable properties have sold for (and what is on the market, ie. your other options), should be able to run an automated valuation model which will give you a range of values for which the property should be worth on the open market.
You should consider how closely the size, rooms, condition and other characteristics of the other properties compare to the one in which you are interested. How many days were the properties on the market? How closely did the comparable properties sell for compared to the listing price.
Making offers with independent data about other properties can often help to persuade sellers to negotiate the sale price. For sellers who dismiss your data, request to see the comparable sales data that they used in determining the price. If you can show them that their own “comps” have features that the home they are selling lacks, you, again, are making a powerful point that reasonable sellers should consider.
Line up your inspectors so that you can get your home, plumbing, electrical, furnace, roof, structural or other inspections done quickly and if applicable a surveyor. You should also be in touch with your home insurance agent so they can give you information about the insurability of the property.
READ THE CONTRACT EARLY. Don’t wait to read the Pennsylvania of Realtors Agreement of sale (largely used in residential sales) until you are making your offer. And don’t worry about understanding every detail ( your attorney should be able to explain anything that is unclear) but focus on:
Call the agent for the Seller, “the Listing agent”, not just the same company, and make an appointment to view the home. Let them know that you do not need them to be your agent. The Seller hired them to sell the property and therefore they should be able to get you access. AS THEM IF THE SELLER HAS AGREED TO PAY FOR A BUYER’S AGENT AND AS HOW MUCH. **AFTER YOU SPEAK TO THEM, FOLLOW UP WITH AN EMAIL CONFIRMATION ! ** If you believe that they are delaying (which could happen if they want to find a buyer who will pay them as well) then let them know that you will contact the manager of the office for access and if that fails, you may want to just contact the seller directly and let them know that you want to see the home.
YOU DON’T NEED ANOTHER REAL ESTATE AGENT TO BE YOUR TOUR GUIDE! YOU CAN MAKE THE APPOINTMENTS YOURSELF TO SEE PROPERTIES!
If you believe that you need help with making the offer and working through the system, you can now SHOP FOR AN AGENT OR AN ATTORNEY WHO WILL GIVE YOU THE BEST DEAL. You don’t need to add thousands and thousands of dollars to the price of the house by agreeing the pay an agent 2.5% or more.
Considerations when submitting the offer to the Seller or agent for the Seller:
This checklist is meant to be a guide and not all inclusive. We hoped to keep in condensed enough so that it would not require a huge time commitment for your review but rather to alert you to the typical flow of a purchase and to highlight areas we believe should be of concern.
You should not rely exclusively on this checklist but rather always consult the appropriate professional for advice about your particular issue or situation.