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Real Estate Negotiations Aren’t What You Think

January 23, 2020 By Rick Jarvis

I think we all recognize the tough, gruff, and staunch business owner as a negotiator archetype. You know the ones –– they sit across the table, fists clenched, barking ‘take it or leave it,’ and constantly drawing lines in the sand. They threaten, cajole, and otherwise issue demands fully expecting the other side to cave in and accept the exceptionally one-sided offer.

vin diesel dom GIF

We also hear about the power-broker talent agents in their silk suits –– working from some expansive office on the 50th floor –– concocting devilishly devious plans to get their client the lead role in a blockbuster movie with the multi-million dollar payday.

But are they real?

Perception or Reality?

michael douglas GIF
Gordon Gekko sure loved information …

Popular lore –– history, literature, film –– they have all taught us that a great negotiator is equal parts Ari Gold, Don Corleone, and Gordon Gekko. Time after time, we see the negotiator depicted as a user of bravado, intimidation, inside information, and Jedi-mind tricks in order to get their way.

Sorry to disappoint you, but negotiations in real estate do not, in any way, shape or form, resemble Hollywood, Wall Street, TV, the NFL or even the Godfather.

Let’s look at the differences.

Perfect information

Do you realize how much access to information levels the playing field? When all parties have the same database at their fingertips (MLS), any informational advantage is negated.

information GIF
We all have access to the same housing information.

The buyer, seller, both agents, as well as the appraiser (and even Zillow!) –– they all draw from the exact same housing data. Thus, the difference between what a home is worth and what people will pay for it is not large.

Years ago, before online MLS and Zillow, you could occasionally exploit an informational advantage. But today, the ability to convince someone to sell their home at a 10% discount to fair market value (or even a 5% discount) is pretty much nil and the true lowball offer generally gets laughed right out of the room.

(Quick Note –– Don’t mistake a 5% discount from asking price for a 5% below market sale. If someone’s property is priced 5% above market and you negotiate a 5% discount, that isn’t a negotiation.)

The Sheer Number of Transactions

Do you know how many really good NFL QB’s will become free agents this winter? Maybe 2?

Any idea how many Hollywood blockbusters are in production? A couple? A handful?

Or how many Internet startups will go public this year? 3? 5? 10?

GIF by SB Nation
Think a good QB makes a difference? Just ask the Jets about the infamous Butt fumble…

But do you know the number of homes that transfer in our region this year? Oh, about 25,000.

Yeah, that changes things a bit.

When there are 25,000 transactions in any marketplace, no one feels compelled to make any single deal. Buyers and sellers know that there is a high likelihood that another opportunity is only days or weeks away –– and thus, feeling the pressure to accept a well below (or well above) market offer isn’t there.

When the number of transactions is in the thousands, the impact of negotiation delines significantly.

The Similarity of Housing

The difference between Tom Brady and the worst QB in the NFL can be a Super Bowl victory or last place. The difference between Leonardo DiCaprio and Tom Arnold can mean box office smash or flop. But is the difference between 1234 Main Street and 1235 Main Street really that much?

leonardo dicaprio dance GIF

Of course not.

In theory, each home is unique. In reality, the difference between one house on a street and the next one isn’t nearly as great as the difference between actors, quarterbacks, or even IPOs.

When you are looking at the 5 housing options between $350,000 and $375,000 –– all of which have 4 bedrooms and a 2 car garage –– are you really going to be irreparably harmed if you only got your 2nd (or even 3rd) choice? In the grand scheme of things, not that much.

Besides, you can look at a variety of sources and predict the frequency that similar homes will come to market –– and act accordingly.

Face to Face or Inbox to Inbox?

In the old days (before the World Wide Web!), face to face presentation of offers was fairly common –– and perhaps there was a little more posturing between agents over deal points.

Today, that practice is largely non-existent.

Atp Tour Reaction GIF by Tennis TV
Ever watch negotiations?

Offers today are generated digitally, signed digitally, and delivered to the other side digitally. Yes, agents might chat a bit on the phone, but the notion that one agent sits down across the table from the other and some type of point/counter-point back and forth negotiating tennis match ensues is archaic.

Market Imbalance

Lastly, the idea that you, as a buyer, can sit back and play coy and eventually end up with the house you want is extremely low. Why? Because there is a housing shortage and odds are you are one of about 10 people seeking the exact same thing.

When inventory creeps below 3 to 4 months, buyers don’t have much leverage.

Remember, a market tends to be populated with as many sellers as there are buyers –– but an auction (intentionally) has but one seller being pursued by as many buyers as possible. And trust me, buyers do not like auctions.

Due to the prolonged inventory shortage, purchasing real estate in this day and age far more resembles an auction than it does a balanced market.

Then What in the World Are We Supposed to Do?

Ok then, wise guy. If none of the negotiating techniques that every other industry seems to use work, then how do you do it?

For Buyers

 work student as homework grades GIF
Do your homework

As a buyer, it is simple –– do your homework so you know values, act quickly and decisively when the time comes, leverage your cash reserves to make your loan as appealing as possible to the seller, and use the other terms of the contract to tip the bid in your favor.

Things like –– flexible closing dates, rent backs, and fast inspections –– all of these are ways to make your offer more appealing than your competition’s.

For Sellers

And if you are a seller, do everything you can to create a bidding war –– when multiple buyers compete for your home, you will end up with not only the best price, you will also end up with the best terms. 

When you entice a 2nd, 3rd (or more) buyer to any buying process, the buyers are no longer negotiating exclusively with you, they are negotiating against each other (I cannot express how much this is and TO YOUR BENEFIT!) Negotiating against a third party undermines almost all of the purchaser’s leverage. USE IT TO YOUR ADVANTAGE!

Far too often, we see sellers undermine their own position with poor timing, backchannel sales efforts, poor/unclean property conditions, and/or pricing the home at a premium (in order to ‘leave some room for negotiations.’) When a seller misses the opportunity to exert pressure on their ENTIRE buying pool, they miss out on more money AND better terms.

Having more than one offer is ALWAYS the optimal situation for the seller. 

Summary

Look, is there an art to writing an escalation clause? Or an inspection addendum? Or a way to write an ‘as-is’ addendum that doesn’t put you at risk? Or a way to look at MLS and get a sense for demand?

jimmy fallon whisper GIF
Want to know our secrets to win negotiations? You’ll have to ask.

You bet.

And is there an art to positioning the offer? Or the perfect time to deliver it? Does the lender matter? And does the agent’s reputation matter?

Of course.

And, as a seller, is there a way to create a multiple offer situation on your listing?

Again, yes, if you know what you are doing.

But we will reserve our best tactics and strategies for our clients and not publish them in a public forum.

That said, the key is to know a) what is the value of what you are buying and b) where you stand in the market. None of these techniques matter if the fundamental offer isn’t already strong.

Without understanding both sides of the equation, making a good decision is next to impossible and no negotiation tactics can change the outcome.

What to Expect in 2020

January 1, 2020 By Rick Jarvis

Forgive me, readers, for I have sinned. It has been 4 months since the last blog. Got busy, you know? Had a lot going on this year.

I’ve been busy …

But that said, there is no better time to jump back on the writing horse and no better topic than the predictions for the coming year, which has become a bit of a tradition on the blog.

So without any further adieu, here are the things we are keeping an eye on and some trends we are seeing (and feel we will continue to see) as we move through the next 12 months.

Navy Hill

For those of you who are not aware of Navy Hill –– well, you should be. Navy Hill is the proposed redevelopment of the Richmond Coliseum and the surrounding blocks into a new 18,000 seat arena plus beaucoup office, residential, and retail space.

When completed, it stands to be the most transformative project the city has seen in 50 years.

Photo courtesy of Navy Hill.

To say the least, it is a pretty big deal.

Opposition is Loud

Any development project will bring with it its share of opposition, whether it is a simple townhome project or a large planned community –– that is the nature of development.

But when you start talking about a project on the scale of Navy Hill ($1.5B, if you are asking), then the opposition increases exponentially.

And thus it is with Navy Hill.

So as the noise gets louder, make sure to separate logical and thoughtful opposition from the ‘I don’t like change’ opposition. Sometimes it is difficult to tell the two apart.

Decision on 2nd Dominion tower looms large over Navy Hill project
Want to know more? Our good friends at Richmond Biz Sense are, as always, on top of things.

So 6th Street Marketplace Redux?

So what makes this project different than, say, the 6th Street Marketplace debacle of the 1990s, or the ‘comedy-of-errors-effort’ at building a baseball park in Shockoe Bottom, or even the horrible deal cut with the Redskins for training camp?

Well, two basic reasons:

  • The development team is extremely accomplished at sports arena/ballpark redevelopment
  • The city isn’t acting as developer, they are SELLING the land to a private development group

The TIF (not the TIFF!)

The basic deal is that the city is selling the land to the developer and then using a form of financing called a TIF Overlay District (Tax Incremental Financing) to pay for the new arena and infrastructure.

The tax revenues from the improved values in the district would be what pays off the debt –– and once paid off, the city would not only own the arena outright, but they would have an insane amount of new tax revenue flowing into their coffers.

Map courtesy of Richmond Biz Sense

Good News. Bad News.

The good news ––  the City will NOT be the developer. The City of Richmond has repeatedly shown that they are terrible at playing developer. And (more good news), they will have activated a tremendous amount of taxable land in the middle of Downtown that currently brings them no revenue.

The bad news –– well, what if it doesn’t work as planned? And don’t the schools need money now?

Yeah, there is that …

Ambitious, But Transformative

The plan is ambitious for sure, but the development team is extremely accomplished. The lead architects were involved in some of the most high profile sports arena developments in the US –– Quicken Loans (Cleveland Cavaliers), Staples Center (LA Lakers, Clippers, and LA Kings), and America West (Phoenix Suns) to name a few.

Another project from Future Cities. The new home of the Golden State Warriors

I, for one, would love to see it happen. The number of concerts, sporting events, and other entertainment productions that skip Richmond currently is frustrating –– especially for a lifelong Richmonder accustomed to seeing of the best shows ever right here at our own Coliseum.

Furthermore, the idea that something like 10 Downtown blocks are currently NOT providing revenue (it actually costs money to maintain so it is technically a drain on revenues, but who cares about such minor details) to a city in such desperate need of fixing its crumbling schools also appalls me –– especially when you see the impact that a sports/entertainment district anchored by office, retail, and residential development has had on other cities.

Yes, the schools are in dire need of additional funding, but so is every other department. When your revenues are fixed, paying Peter means robbing Paul.

So stay tuned –– there is a lot more to be said and written about Navy Hill.

Moving East

Have you ever really looked at a map of Richmond’s development?

If you have, you are one of the few.

Red means old. Green means new. Can you see the difference in the direction of development?

By and large, it moves from the fall line of the James River (i.e. Downtown) and moves primarily up the river (west and north) and out Midlothian Turnpike, Hull Street, Broad Street, and along 95.

What it does not do is move east at anywhere near the same pace as it does in the other directions (see the map.)

Well, that is starting to change.

The Rise of the East

Back in the days when the cleanest air and water were upwind and upstream, moving west made a lot of sense.

Today, the impact of pollution isn’t nearly the same as it was in say, 1930, and thus the need to continually go west isn’t nearly as strong. And the quest to find reasonably priced housing that isn’t 45 minutes from urban Richmond is leading the change in attitudes.

The first chart shows the $/SF of the two easternmost high schools in Henrico County (Varina and Highland Springs.) Look not at the amount per square foot –– but the rate of change –– when compared to the two westernmost high schools in Henrico (Godwin and Deep Run.)

Bet you didn’t expect that, did you?

Now, take a look at what is happening in the North Church Hill neighborhoods, as well as those to the east of Chamberlayne between Laburnum and Brookland Parkway.

Notice anything? Oh, just pricing that is up anywhere from 3 to 5x since 2011.

Wait, did you say 300 to 500% since 2011?!? Yep.

Affordability

What is driving the change? Affordability (well, at least for now.)

As the prices for entry to the Fan District, Museum District, West End, and even the new home communities in Midlothian and Moseley are reaching into the middle to upper $400’s, people, especially the first-timers, are looking for housing that is both affordable and close in.

Check out the pricing for new housing in four of Chesterfield’s largest new home communities on the chart below:

Cue ‘the east.’

Pricing below $400k, 10-15 minute commutes, and a rapidly growing amenity base are what is underpinning the growth –– and as more and more investment occurs at points east of 95, the better the appreciation will get.

The smart investors are already there.

Inventory

A Growing Metro

Question –– do you know what the rate of population growth is right now in the Richmond region? (And by region, I mean the City of Richmond and surrounding counties)

https://www.grpva.com/data-reports/regional-demographics/
Some interesting stats about our region.

Answer –– Depending on what you read, the population growth in the region is between 1% and 1.5%.

Now that doesn’t sound like a big number until you do the math.

1.3M people x 1% = 13,000 new people each year.

That is a little over 1,000 people per month.

And that is roughly 35 people per day.

Think about that number for a second –– 35 new people per day are moving to Richmond. WHERE IN THE WORLD ARE THEY GOING TO LIVE?

Now you see the problem.

Median Income

Want me to blow your mind even more? The median income in our region is $65,000.

$65,000 translates to roughly a $250,000 to (maybe) $300,000 home in terms of buying power.

Guess what? There is less than 2 months of inventory below $300k in the Richmond region.

Spoken differently, there is twice as much inventory ABOVE $300k than there is below it.

So here we are.

Crisis Mode

Several years ago, we wrote about the coming affordability crisis in housing. Well, it is finally here –– and inventory (or the lack thereof) is the primary culprit.

To quote the great Roger Daltry –– Meet the new boss, same as the old boss! (and I start the video right at his famed scream …)

So until we either find another 1,000 acres in the middle of the city (not going to happen,) or we rewrite mortgage financing to allow for vertical development (not happening fast enough,) we are going to keep seeing prices spike –– especially in the more affordable segments.

Manchester

We were just in Manchester doing a video shoot for one of our listings and man, it has gotten tall. Like really shockingly tall. And I would like to think that I know a lot about Manchester and even I was shocked.

It is tall.

< Don’t believe me? Check the references to ‘Manchester + Tower‘ in Richmond Biz Sense >

For those who do not know much about Manchester, you should. It is basically becoming an entirely new city.

The Terraces at Manchester recently sold for $30M

The amount of development that has occurred in manchester is unprecedented, especially by Richmond standards. Towers, towers, and more towers are now the norm, as is new retail, new residential, and new office.

And did I mention the towers?

Housing

So what impact do you think all of this development had on house prices in Manchester? Yeah, you guessed it –– they went UP!

If you haven’t been to Manchester in a while, I highly suggest you walk the T Pot Bridge, grab a beverage at Legend, and take a look. You won’t believe the activity.

What We Didn’t Talk About

So we left off several topics in hopes of a) making this post of reasonable length and b) leaving something else to talk about over the coming year.

But here are some of the things we did not touch on:

  • iBuying –– having a company like Zillow buy your home
  • Building Costs –– still going up!
  • Politics –– sorry, I don’t have the stomach to write about it
  • Scotts 2.0 –– the Westwood Tract redevelopment (i.e. the industrial neighborhood just west of Scotts Addition)
  • Sauer Center –– can I please just have my Whole Foods?!?
  • 2020 Census –– should be interesting, to say the least

So look for us to tackle a few of these topics in the coming months.

And Finally …

2019 was another banner year for One South. We got a lot done.

Performance Metrics

We broke our prior year’s record for transactional volume.

We cracked the Top 10 in volume (by office) in our MLS.

And we still outpace the market averages in pretty every important metric:

  • Median Days to Sell –– 8 days
  • Median Percentage of Asking Price –– 100% (yeah, that’s not a misprint)
  • $/SF –– $31 above the market average
  • Price –– $30k above the market average.

AND we have continued to conduct our business in an ethical manner (i.e. –– another year of a spotless record with all of the governing bodies.) That makes me especially proud of not just One South’s agents, but of the management team and staff who play a huge role in both our agent’s success and our consumer’s experience.

So to summarize –– more transactions at higher prices with smaller discounts and at a faster rate than the market, all while maintaining the highest level of ethical behavior –– not too shabby.

Expansion

We also grew geographically.

Our new office in White Stone, moments from the Rappahannock River

We recently opened another satellite office in White Stone, Virginia (along the Chesapeake Bay) and are in the process of partnering with a videography firm to even better promote the listings we carry and the neighborhoods we frequent (more on this soon.)

Commercial

And did I mention how well our commercial team is doing? Just read Biz Sense and you will get a sense of how well …

Salomonsky sells Shockoe Slip apartments building for $8M
Oh, just another $8M sale…

The One South Commercial team continued to grow their name and presence with more high profile sales, additional team members, and a new best for volume.

In Closing

We fully expect 2020 to be another banner year for us as the economy remains strong, interest rates low, and our region continues to attract new residents.

Most prognosticators expect the market to get started even earlier this year (but that also depends on the sellers and the weather, so stay tuned.)

And while we expect to see a bit of a slowdown around the election (it happens every election year), don’t sweat it –– just plan accordingly.

Thanks and we look forward to serving you in the coming year!

What if Thanos Snapped His Fingers? (and other lessons in real estate supply and demand)

June 11, 2019 By Rick Jarvis

Infinity Wars

Our family is pretty into the Avengers movies, especially our youngest. She knows all of the characters, all of the backstories, and all of the ways the storylines interact with one another.

And she has made us all fans, too.

Even if you haven’t seen Infinity Wars or Endgame, you can still read this since it really isn’t a spoiler post. It only references only one part of the overall plot line –– where Thanos, the ultimate in all-powerful galactic supervillains, obtains the final Infinity Stone. And just so you know, whoever controls all of the stones has virtually unlimited power over time and space.

Upon gaining control of the final stone, Thanos snaps his fingers and randomly destroys half of all life in the universe.

Real Estate and the Avengers

So, since I am a Realtor, I tend to look at all things from a real estate perspective –– and yes, that even includes summer blockbuster superhero movies (sorry, but I never really turn it off.)

Early in the movie, Paul Rudd (Ant Man), walks down an overgrown and now vacant San Francisco street (start at 1:14 of the trailer if you care to see the scene), and it hit me –– imagine how the removal of half of the buyers affected global property values?? And, then imagine what it meant to suddenly have half of all of the world’s housing effectively vacant??

We all thought that the implosion of the mortgage market in 2008 was bad, but it pales in comparison to what Thanos was able to do with a snap of his fingers.

Supply and Demand

Now, imagine yourself in this post-Thanos snap world. Do you think your pre-Thanos Zestimate would still be accurate? Or your $/SF? Or lot prices? Do you think you still need escalator clauses?

You get the picture.

Not to go all ‘Econ 101’ on you, but the supply of a thing and the demand for a thing are the two factors that drive the value of any asset. When supply is high and demand low, prices go down –– and vice versa.

Size, age, materials, etc. are measuring how one home compares to another –– but does not measure the demand for the home itself.

All of the other metrics we use to establish value –– size, age, materials, features, colors, dollar per this, assessed that –– they are measuring relative value. In other words, they are measuring how one home compares to another –– but not the demand for the home itself.

It is a subtle, but hugely important, distinction.

Signal to Noise Ratio

So you are telling me that $/SF doesn’t matter? Or my assessment? Or my most recent appraisal?

No, they matter, but just not in the way that you might think, and are distracting you from the bigger issue.

‘Signal to Noise’ (or the Signal to Noise Ratio / SNR) is generally used to describe the static or other interference that makes a specific sound difficult to hear. Ever tried to talk to someone with a hearing aid in a crowded restaurant? It’s kinda like that…

Signal-to-noise ratio is sometimes used metaphorically to refer to the ratio of useful information to false or irrelevant data in a conversation or exchange

–– Wikipedia

The concept of SNR originates from those who listen for a living –– astronomers, submarine sonarmen, soundboard engineers –– but has been adapted into other domains. The concept is especially applicable when describing the insane amount of information we now have at our fingertips and how to decipher that which is essential from that which is superfluous.

And without the ability to easily filter the important from the unnecessary, we are finding out that having access to more information doesn’t necessarily make us better decision makers.

Signal to Noise in Real Estate

The SNR concept, when applied to real estate, works like this: every measurement of size or count of features, every past sale, every website offering estimates of value, they are all noise and distract us from the only thing that matters –– the number of buyers seeking a certain type of home and the number of homes available.

Stated simply:

Signal = Supply and Demand

Noise = Everything else

Each time a buyer enters the market, they are subjected to differing inventory, differing competitive landscape, differing interest rates, and differing economic conditions — i.e. different supply and demand conditions.

Does the recent past have an impact? Of course, but it’s akin to driving your car while looking in your rearview mirror. It tells you where you recently were, but not necessarily where you are going.

Measuring Supply and Demand

Ok, then, how does one arrive at this magical supply and demand measurement you are espousing?

Approximately 65% of all sales that will happen in any 12 month period, happen between February and June –– leaving the other 7 months to fight over the remaining 35%.

–– From the Central Virginia Regional MLS

Measuring SUPPLY is easy –– you just count the available listings.

But estimating DEMAND is far harder. It literally requires us to look into the future and guess about events that are, by definition, yet to happen.

That is no easy task.

Estimating Demand

But if we use history as a basis, we can generally get a sense for the following:

  • How many homes historically will be absorbed in a specified time frame.
  • How many additional new listings have historically entered the market in a specified time frame.
  • How seasonality affects the market being examined.

Take a look at the charts below:

Available and Pending Listings –– Region
Available and Pending Listings –– City of Richmond

Both charts track the same two metrics –– the number of available listings, and the number of listings that are under contract (pending.)

The line showing the pending inventory rises sharply from February through April/May, and then falls quickly from June through October.

As I write this blog, it is June, and the market is in the throes of its seasonal adjustment. Distinguishing signal from noise is as important in the next several months as it will at any point during the year.

And as is readily apparent to the naked eye, the pattern tends to repeat itself year over year.

Seasonality

What you are seeing is the impact of seasonality over the course of a 12 month period. And while each year isn’t 100% similar, the peaks and valleys tend to follow a fairly predictable schedule.

To put some actual numbers to it –– approximately 65% of all sales that will happen in any year occur between February and June –– leaving the other 7 months to fight over the remaining 35%.

That is a massive difference.

Using the Information

So if you look at this information strategically, what do the shapes tell you about the demand for housing in the latter part of the summer?

  • If you have a goal of selling your home in the next 60 to 90 days, what course of action should you take?
  • If you see an additional 5 homes for sale, how would that impact your strategy?
  • If you see that inventory is lower than in past years and marketing times are still low, how might you counter an offer differently?

Having information matters. But interpreting the essential information correctly matters far more.

Summary

As I write this blog, it is June, and the market is in the throes of its seasonal adjustment. Distinguishing signal from noise is as important in the next several months as it will at any point during the year.

When you are the 5th best house in a segment where there are only going to be 2 more sales this year, it doesn’t matter what brand of stove you have.

It is human nature to lean into the quantifiable. Being able to point to a prior event and base a decision on it gives us a feeling illusion of certainty safety.

But being measurable and being important aren’t necessarily the same thing.

Do you know the worst part about living in this data-rich world? The important information doesn’t have the ability to raise its hand and tell you that it is important. Being able to quickly sift through the information and find what is important is a rare skill that few have.

Does $/SF matter? Or what your neighbor’s home sold for? Or what Zillow says? Or even what the appraisal said last month? Of course they do, but only when coupled with supply and demand.

The bottom line is that when you are the 5th best house in a segment where there are only going to be 2 more sales this year, it doesn’t matter what brand of stove you have.

Back on the Market

February 1, 2019 By Rick Jarvis

Agent: Congratulations! You are under contract!

Client: Great! So we are done, right?

Agent: Not exactly. Anywhere from 10% to as high as 20% of contracts fall apart for one reason or another.

Client: Wait, what?!? There is as much as a 20% chance that the contract I have on (or for) my house will fall apart?!? How can I make any plans going forward with that much uncertainty?!?

Agent: Let’s talk about why.

The Back on Market Statistic in MLS

First, let’s talk about where we get the data.

The Multiple Listing Service tracks a lot of statistics –– one of which is called ‘BACK ON MARKET’ (or BOM).

BOM measures the number of homes whose status changes from ‘PENDING’ (meaning under contract) back to ‘ACTIVE’ (meaning ‘available for sale.’)

This is the home screen of MLS that shows agents a quick update of the day’s (or week’s) activities.

Computing the Failure Rate

A random sample of a week in middle January yielded the following results:

  • 569 homes went PENDING
  • 65 came BACK ON MARKET
  • 65/569 = 11.4% contract failure rate

(A quick note –– a week later, the number of ’Back On Market’ properties, jumped to nearly 14% with 40 of 295 coming back to Active status from Pending –– so this metric will change week to week.)

Released and Temporarily Withdrawn

Now if you note the screenshot, you will see where RELEASED and TEMP(orarily) WITHDRAWN are also highlighted:

  • RELEASED –– meaning that the listing agent and owner have agreed to part ways.
  • TEMP WITHDRAWN –– meaning probably what you think, the home has been removed from the market for an unspecified period of time per the seller’s request. 

Both of these status changes (66 Released + 38 Temp Withdrawn = 104) often come on the heels of a failed contract –– and thus the count of the Back on Market is most likely higher. 

Between 10% and 20%

So, yes, somewhere between 10% and 20% is the correct number.

This number will vary based on what time of year you examine, what price point you are in, and what geography you study and of course, what percentage of the Released and Temp Withdrawn homes you assume were the result of a failed contract.

Why Don’t Homes Close?

A 10% fallout rate is a big number. A 20% fallout rate is even bigger.

A contract, you don’t have.

When you are making irrevocable (and expensive) commitments that depend on a successful settlement, 80% certainty doesn’t feel great, does it?

It shouldn’t.

Let’s discuss the reasons.

The Primary Reasons

Homes don’t go to settlement for any variety of reasons –– but they generally fall into one of the following categories:

  • Lender incompetence
  • Appraisal less than the sales price
  • Inspection issue
  • Agent incompetence
  • Cold feet

Let’s discuss each.

Lender Incompetence

I cannot stress this enough –– work with a lender with the following characteristics:

Pick 2 …
  • They are local (not Quicken, USAA, or some other internet lender)
  • They are tied to a bank (meaning they have ‘shelf loans’ or other specialty products)
  • They do a lot of business with the agent (you will be on the top of the pile and receive favorable treatment when positive underwriting interpretations are required)
  • They have a full range of products (many lenders only have a limited product menu and will try to place you in the wrong product because they don’t have the correct option)
  • They have a ‘Lock and Drop’ feature (meaning that if rates drop during the lock period, you receive the lower rate)
  • They are not your Credit Union (contrary to common belief, CU’s do NOT give better rates and their representatives are typically not licensed)

Furthermore, when it comes to niche purchases (condos, rehabs, multi-family) or complex underwriting (divorce, business owner, commission income) using a mortgage company with specialists in the specific loan type is critical. 

Alas, few borrowers (or agents) know how to find those who specialize in the specific niche required.

The Dreaded Internet Lender

To the Sellers –– if you are a seller and you receive a contract from a purchaser who plans to use an internet/non-local lender, accept the contract at your own risk and do not be surprised when, at the 11th hour, you get the dreaded ‘we have a problem’ message. 

Quicken Loans Arena, anyone?

To the Buyers –– if you are a buyer and in a multi-offer scenario, using Quicken (or USAA) is an almost near guarantee that you will not be the winning bid. Why? Because listing agents know how difficult and unreliable internet lenders are.

Internet lenders can be decent for refinancing (mostly because a missed closing date isn’t overly penal,) but for purchasing a home, they just carry too much risk.

Cheaper Isn’t Better, It Isn’t Anything

50% off!

A rate that is ½ point lower that closes late (or not at all), is not a better rate –– it is actually more expensive!

Late closings trigger penalties, loss of deposits, and a handful of other emergency decisions (hotel stays, storage units) that eat up any savings that the rate promised. 

The bottom line is that the local lender puts their reputation and well-being on the line every time they issue a pre-qualification letter. If their organization can’t perform as promised, they don’t just lose the current deal, they lose the rest of them. 

An Appraisal Issue

When prices are accelerating rapidly (especially in the spring), comparable sales lag where the market is.

Looking at past sales is like driving while looking out of your rearview mirror.

In other words, when you are trying to establish the fair market value of a home in March of 2020 –– and the sales comps are from the fall of 2019 –– you will not find the sales from yesterday you need to justify the price today.

But unfortunately, that is how the appraised value is determined –– via PAST sales.

We like to say that using comparable PAST sales to establish value TODAY is like driving while looking out of the rearview mirror –– it tells you where you were, but not where you are going.

When you, as a seller, have accepted a contract on a home where there were multiple bids, odds are, the sales price has been pushed above the value at which the home will appraise. When a loan is subject to appraisal (as many loans are), an appraisal below the sales price places the loan in jeopardy.

Appraisal Math

Applying some numbers –– if the purchaser is putting 10% down on a $300,000 sales price and the appraisal comes in at $290,000, the seller is responsible to make up the difference –– in other words, they have to find an additional $10,000 in down payment. 

If the purchaser has no excess cash (or is unwilling to access it), then the seller is forced to either:

  • lower the price to the appraised amount
  • accept the loan denial and put their home back on the market

The bottom line is, as a seller, you have to look at the type of financing the purchaser is using –– and specifically how the appraisal contingency is worded –– to properly judge how susceptible you are to the appraisal causing the contract to not move forward. 

A good agent knows how to assess the risk.

Inspection Issues

Inspections are the bane of almost every agent’s existence. 

Essentially, you have buyers who feel like they overpaid (and feel entitled to a perfect home,) sellers who see every issue as cosmetic, and inspectors who feel it necessary to point out every flaw, including that the doorbell is not at the correct height (not kidding.)

On the other end of the inspection report are agents who know very little about construction and contractors who both disagree with the inspector’s assessments and cost estimates, and are trying to generate even more business for themselves by spooking the clients –– all trying to decide if a $100 piece of siding is rotten or just soft. 

It is maddening.

Call it pride, call it short-sightedness, or simply stupidity, but way too often we see $500 worth of inspection items torpedo $300,000+ sales

($500 / $300,000 = .0016, in case you wanted to see how inconsequential that amount actually is.)

No Home is Perfect

At the end of the day, as a buyer, be prepared to take the home with a few issues –– especially given the market conditions. Are we saying that a cracked foundation, a failing 50 year old roof, and radon readings in the 100’s are not issues? Of course not. But when minor carpentry issues, a few questionable double taps on your main circuit panel, and wobbly toilet are found, it is ok. Don’t freak out.

And a final note for sellers –– I have yet to see a house that comes back on the market get a better offer. Digging in to save yourself $1,000 only to cause your buyer to flee is a poor strategy. You are almost always better off to work with the offer in hand, even if it means swallowing your pride and working out a deal that feels one-sided. 

Agent Incompetence

My first broker was fond of saying that, as an agent, when you have a willing buyer and a willing seller, get out of the way. 

It is one of the truest statements he ever uttered. 

Far too often, in an effort to either feed an ego or justify the commission, agents will engage in activities that complicate or sabotage the transaction. Speaking too much, introducing doubt, blaming the other side, making mountains out of molehills –– all of these actions put unnecessary pressure on a transaction when there needn’t be.

The net result is it exhausts everyone’s emotional energy to such a point that the sides oftentimes become unable to work through an issue that normally would not derail the transaction.

It happens far more than it should.

Cold Feet

And yes, every once in a while, a simple case of cold feet (i.e. –– Buyer’s Remorse) is the culprit. 

Typically, buyer’s remorse occurs when a) the deal is too one-sided, or b) the purchaser didn’t fully do their homework before finding themselves under contract to purchase a home. 

Agents and Uncertainty

As an agent, it is absolutely your responsibility to make sure the buyer understands their decision:

  • Educated and confident buyers make decisions that stick
  • Buyers who never developed a true understanding of market conditions tend to walk away

Agents –– if you want your deals to stay together, empower and involve your clients.

Summary

So yes, not all deals go to settlement.

Statistically speaking, somewhere between 10% and 20% will fall apart for one reason or another. And thus, some percentage of sellers will have to go ‘Back on the Market’ after experiencing the frustration of a contract that did not stick.

So, as a seller, how in the world do you defend against being left at the altar?

Well, that is Part II of the series …

How to Lose Your Dream House (with your agent’s help)

January 28, 2019 By Rick Jarvis

How to Lose Your Dream Home

Earlier this year (January to be exact) I was at the office on a Monday evening while one of our agents was wrapping up the details on a contract for a home she had listed.

She was notifying the agents who had made the losing offers (there were 10) and I overheard a rather testy exchange on the phone with one of the agents whose clients had made a particularly weak offer.

After the call, we discussed what had transpired –– and below you will find step-by-step instructions on how to not win a competitive offer situation and cost your client a home they really wanted.

The Home

I think it is important to understand the home in question.

The home was an uber-cute classically-styled 1930’s era bungalow an oversized lot in an area experiencing rapid price appreciation. The home is well situated in the direct path of investment and development, and had recently undergone a tasteful upgrade.

The price would be considered quite affordable by today’s standards (less than $300,000) and was located quite close to the urban core.

For anyone seeking a smaller, cute, move-in ready home, it checked a lot of boxes –– it oozed charm, was quite close-in, and had tons of upside.

Market Conditions

nothing offer GIF

Now, if you are even remotely aware of the inventory conditions, you would know what the description above meant –– it meant that the house would be in high demand and that multiple offers (like a LOT of offers) were pretty much a certainty.

In fact, over 10 offers were received.

Know Your Inventory

Right now, the inventory in the City of Richmond is at all-time lows, with less than a 4 month supply overall. However, when you look specifically at the market segments below $400k, the supply drops to less than 2 months (1.4 months as this post is written).

1.4 months of inventory –– let that sink in for a moment.

To give it perspective, experts say that 6-8 months of inventory is considered a balanced market (i.e. the number of sellers equals the number of buyers) –– so the number of available homes could increase by 500% and the market would only be considered ‘balanced’! 

That is insane.

So even if you are not a statistics nerd, the fact that about 50 people toured the open house (including the ones who lost their ‘dream house’ with their less than compelling offer) should have driven this point home quite vividly. 

Apparently, it didn’t.

Contract Structure

nicksplat rugrats GIF
10+ contracts in January –– what does that tell you?

Most people feel that the sole purpose of a contract is to establish a price for the home. While price is certainly one of the elements of a purchase offer (and a critical one at that,) the contract also establishes the remainder of the terms for the sale –– of which another +15 pages (plus several addenda) are required to establish them all.

So there are several key points (other than just price) that can be leveraged to create a far more attractive contract for the seller when a highly competitive offer situation is expected including:

  • Will the price change in the event of multiple offers? (i.e. escalation clause.)
  • How the property will be paid for / financed (mortgage, cash, amount of down payment)?
  • How any appraisal issues will be handled?
  • How the inspection will be handled?
  • When not just settlement –– but possession –– will occur?

In other words, there are a lot of other levers to pull to create an attractive offer.

Winner vs. Loser

So, assume for a moment that the price of the home is $300,000 and a seller receives multiple offers (again, the sellers of this home received more than 10 bonafide offers.)

The winning offer stated:

Want to know more about Escalator Clauses? Read here…
  • A price of $300,000 with an escalation up to a maximum of $315,000 if a higher offer was submitted
  • 10% down payment, but the appraisal contingency was waived and a lender letter was submitted showing the proof of funds to make up the difference if the appraisal was lower than the contract price
  • A cap on inspections so that only large items would be requested to be addressed
  • The several items that were not supposed to convey with the sale were correctly excluded from the sale
  • A post-settlement possession was also offered to the sellers (but not needed by the seller)

The folks who lost submitted the following offer:

  • $295,000 with no escalation clause
  • Conventional financing with a 20% down payment
  • No waiver of appraisal 
  • No modification to inspection 
  • Zero reference to the items that were not supposed to convey
  • Seller to pay for a Home Warranty

Not Even Close

So when the agent was called and told that they had not won, they were incredulous and argumentative about why they were not allowed to up their offer.

Sorry, but when you have several offers in hand that exceed the asking price, calling the 8th place contract and asking them to raise their offer isn’t a consideration.

The fact that they did not seem to comprehend that is what feels incredulous to me. 

Losing Professionally and Graciously

Now, I wouldn’t think that this would need to be said but apparently it does –– when, as an agent, you make every mistake possible with your offer and you are notified with a phone call that you didn’t win –– don’t be combative.

The following was the basic gist of the conversation –– and all of the supposed points were made in aggressive and accusatory tones:

  • Why weren’t the buyers given a counteroffer?? Well, because there were about 7 better offers.
  • Why didn’t you ask for our highest and best offer?? Again, you were the 8th best of the 10+ offers. 
  • Why weren’t we informed of the multiple offers?? Well, listing agents are under no obligation to do so, but the line out of the door at the open house should have been a clue –– and 1.4 months of inventory should have been another. Oh, and by the way, the inclusion of a properly structured escalator clause is a perfect way to hedge your bet (which you did not include.)
  • Why was the listing agent being non-communicative?? Well, because analyzing 10 offers and presenting the best ones to the seller takes considerable time –– and your offer was one of the least competitive of the bunch. Sorry if you didn’t receive a call within 5 minutes of the contract expiration time to inform you that you finished behind 7 other offers. When the best contract was signed, you got a call.

Sarcasm aside, do you know what being chippy about losing did? Do you think it changed the outcome? Of course not. It simply put everyone involved on notice that this specific buyer’s agent was difficult to work with. I can assure you that their attitude will not help their chances when all other contract terms are held equal and the seller needs to choose between two offers.

Lesson? Or Blame?

Is it possible that this agent was acting at the behest of their client and their strategy recommendations were ignored? It’s possible, but highly unlikely given the agent’s overreaction. The overall tenor of the conversation made it fairly obvious that the agent had recommended the strategy and now had to go back to the client with egg on their face.

Furthermore, I can almost guarantee you that the buyer’s agent placed the blame at the feet of the listing agent with some sort of ‘they screwed you’ message. I can only hope that their client is astute enough to sniff out where the blame actually should be placed.

Blaming the other side is certainly convenient, but a very damaging long term strategy. Richmond is a small town and the agent community is even smaller –– word travels. Your reputation (good or bad) can impact the market’s willingness to work with you and your future clients. 

Advocating hard is both expected and respected by your peers –– being a jerk isn’t. 

Summary

At the end of the day, this market is in an extreme place –– and extreme conditions must be navigated with strong methods. Using 2015 contract structures with 2019 comps in January of 2020 is not a recipe for success –– especially not in the ‘affordable-urban’ market.

As we have stated repeatedly, the market conditions we are in, particularly at the middle and lower price points, is unprecedented, and best practices that were generally accepted even a few short years ago no longer apply. 

Everyone acknowledges that losing the perfect home stings –– whether you are an agent or a buyer. But it happens to all of us and will continue to be a part of this market for the foreseeable future. All you can do is prep your clients, take your best shot, and accept the outcome –– graciously. 

That said, being wholly unaware of market conditions or winning strategies is not an excuse for poor behavior. Take your lumps, learn the lessons, modify your strategies, and make the adjustment. 

The good agents do.

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