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Mortgage Lending

What Are You Going to Do to Sell My Home?

July 14, 2015 By Rick Jarvis

It is probably the most asked question by the selling public when interviewing agents for the sale of their home.  I think it is often misunderstood.

how are you going to

Each agent has a standard response to this question (it is usually some type of list) where they will tout all sorts of activities designed to impress the seller.  Some are these actions are critical and some, well, not so much.  As a matter of a fact, I once saw an agent that had broken down the home selling process into ‘113 Simple Steps’ (I kid you not.)  I always wondered if skipping a step meant failure, but I honestly didn’t have the heart to ask.

While choosing an agent to represent you in the sale of your home is important, it is not simply about tasks (otherwise ‘Mr 113 Steps’ would win every time), it is about applying the correct tools to the correct situations.

Below you will find some questions to ask and a list of things we can do for you.

What Type of Sale is Required?

In theory, all housing is unique.  In realty, much housing is very similar.

Selling contemporary infill, high performance new suburban and 20 year old town homes all require a different mix of tools.
Selling contemporary infill, high performance new suburban and 20 year old town homes all require a different mix of tools.

How an agent would approach a sale in Founder’s Bridge is largely the same as in Tarrington.  That said, selling a condo in a historic warehouse will differ greatly from selling a home on 15 acres in Goochland. The key is knowing what works in which segment.

The geographic location, the time of year, the price of the home, the type of property, the buyer’s likely profile and the age of the home all drive the correct mix of techniques.  A spring open house in the Museum District for a property priced below $400,000 might mean 100 people or more touring the property in a 2 hour period while an open house on the same day in rural Hanover County might not generate a single tour.  Similarly, putting a vinyl sided colonial built in 1992 in Estates and Homes magazine is probably not money well spent.

Just know that the ‘one-size-fits-all’ technique employed by many agents is the wrong way to go about it.  Find an agent with not only a big tool kit, but an understanding of when to use each.

To Team or Not To Team?

One of the trends in our industry over the last decade has been the rise of the real estate ‘Team.’  Teams named for the lead agent or for some esoteric concept have sprouted up everywhere. In my opinion, teams are a good thing.

It seems like all pictures of teams require the 'arms crossed' pose.  Why is that?
It seems like all pictures of real estate teams require the ‘arms crossed’ pose. Why is that?

The rise of the team is important because it acknowledges that at each level of real estate, increased specialization is beneficial.  From pricing to marketing and syndication strategies to contract administration to understanding the nuanced requirements of selling in historic or mixed-use environments, the more specific knowledge a team can bring, the better the level of service for the client.

At the end of the day, the collective value brought by a team based approach is generally better than the ‘one agent island’ employed by the majority of agents in any given market.

How Important is Zillow to Selling a Home?

When Zillow was launched in the 2006 (and cousins Trulia and Realtor.com soon thereafter), it changed our industry.  By bringing the home search process out from behind the MLS curtain and putting it on public display, it forever changed the public/Realtor dynamic.

The percentage of buyers and sellers using agents is as high as it has ever been.  Zillow and Trulia seem to think otherwise.
The percentage of buyers and sellers using agents is as high as it has ever been. Zillow and Trulia would like you to believe otherwise.

The narrative that Zillow, Trulia and Realtor would have you believe is that they disrupted the SALES process … which is, in fact, untrue.  The percentage of For Sale By Owner is at its lowest point in history and the percentage of buyers employing a Buyer’s Agent is at its highest.

What Zillow changed is the SEARCH process … not the SALES process.  It is a subtle, yet an important distinction.

This is the key takeaway –  these platforms that allow Realtors to promote properties almost instantly across a network of websites have changed how we, as agents, acquire new clients, but it has not really changed how properties are sold.  When we (Realtors) adopt an aggressive digital strategy that heavily leans on Z/T/R, the reality is that we benefit more than you do.

Be careful in mistaking an agent’s Zillow strategy as a marketing plan for your home – they are two different things.

Word_Cloud_GeneratorSo How Can You Tell the Professionals?

When you know how to correctly apply the tools, your metrics improve.

We will put our metrics up against any other company in the Metro:

  • Our marketing times are low
  • The pricing to our sellers is above the Metro average in terms of price AND of ‘price per foot’
  • And the ratio of the sold price to list price is nearly a full percentage point higher than the market average

You can read more about the way One South compares to our competition here…

Examining how well a brokerage performs on these metrics will go a long way in determining how well they know which tools work best for any given situation.

The List of Stuff We Do

All that said, if you just want a big giant list, here it is …

  • The MULTIPLE LISTING SERVICE is a big part of our every day.  Keeping the database current takes time and know that agents are fined or otherwise punished for non-complinace.  Oh, Zillow and Trulia would not exist if it was not for the data contained in MLS.
  • We spend an inordinate amount of time on the VALUATION of properties.  We help sellers understand values and we help buyers understand values.
  • We PROVIDE INSIGHT, GUIDANCE and PERSPECTIVE.  Of all of the things we do, trying to explain how we are going to help you navigate an unforeseen issue before it arises is hard.  Sometimes, problems are easy to predict  (short sales are more likely to have title issues, old houses are more likely to have inspection issues, condos are more likely to have lending issues) but being able to handle the last minute issue that can derail closing is what we do every day.
  • We hold OPEN HOUSES for our clients and we will often do OPEN HOUSES for the brokerage community to introduce new properties to the marketplace.
  • One of the primary ways we raise awareness  is via the E BLAST where we send new listings, price changes and other updates to the brokerage community.
  • ZILLOW – see the section from above.  Managing Zillow, as well as TRULIA, REALTOR.com and the hundreds of other sites vying for the public’s eyeballs takes a great deal of time and effort to do right.
  • People still love a well done PRINT BROCHURE.  Despite the digital movement and the ubiquity of online information, the public wants one … so we continue to create them.
  • PROFESSIONAL PHOTOGRAPHY is a must.  While cameras, cameraphones and a host of other ways to capture and improve images exist, when the pros shoot it, it just looks better.  Use them.
  • The LOCKBOX helps record who goes in when and reports a ton of information.  We should place one on your front porch/door/railing to provide protection for your key.
  • Often, on the sign, we will place an INFO BOX so that when someone walks/drives by, they can grab a shortened version of the brochure and find out some basic info on the house.  The Zillows and Trulias of the world have largely rendered the need for the info box obsolete
  • Some swear by the VIRTUAL TOUR while others are more ho-hum about it.  Well done photography can often times be stitched together to create the VT, but nothing replaces an actual tour.
  • Individual PROPERTY WEBSITES can be very important, especially when the property rises to a certain level.  If the home is architecturally important or very specific details are required to tell the story, the a site dedicated to the property should be created.  We do this in-house, typically.
  • The rise of VIDEO in our industry is unmistakable.  The problem is, well done video is hard, expensive and time consuming.  In a market where properties are moving quickly, video may not be worth the effort.  It depends on the goal.
  • In any given day, especially in the spring, ANSWERING INQUIRIES thoughtfully and correctly has consumed the day.  An agent’s job is to answer the inquiry (from both the public and peers) in such a way that generates showings.  It is an art.
  • You would be surprised how much time is spent SCHEDULING.  Life goes on despite a For Sale sign in the front yard and trying to coordinate everyone’s schedule (buyer, seller, agent, family, inspector, contractor, insurance agent, appraiser, running late, running early, need to reschedule) can be as time consuming as any activity we do.
  • Any good agent is also adept at SHOWING.  A typical showing will take close to 2 – 3 hours ‘all-in’ when you include preparing, printing, travel time, actual demonstration of the property, turning lights on (and off) and locking up.  And often times, we show up, meet the client and show the property only to find out afterwards that they are already working with a Buyer’s Agent who they never called to show them the property.
  • Obtaining FEEDBACK that is relevant and valuable is also an art.  It takes time and you have to be diligent.  Buyer’s Agents are busy and don’t normally have the time to stop what they are doing and tell you why their client did not like your home.  Good listing agents are diligent about the feedback loop.
  • We NEGOTIATE CONTRACTS and then we NEGOTIATE INSPECTIONS.  Remember, contracts are combinations of a price AND terms.  Many tend neglect the terms in exchange for price and it is a shame.  So much seller benefit can be gained by focusing on the terms of a deal.  Without going into too much detail and giving away all of our secrets, we firmly believe in negotiating with a plan in mind.  Know where you stand.  Know the market.  Know your goals.  Negotiate accordingly.
  • Lenders/Loan Issues delay closings more than any other reason.  COORDINATING WITH THE LENDER is the most critical thing we do while the home is under contract.  Making sure the lender has copy of all of the paperwork, contract, addendum, pest report, necessary inspections, addenda, HOA Docs and every other piece of paper they need in order to get the loan underwritten and in the closing queue to make sure we do not miss a date.  As a matter of a fact, One South views this piece as so critical, we have an entire staff dedicated to making sure that the lenders have what they need from us.
  • COORDINATING WITH THE CLOSING ATTORNEY is as equally important.  They need the same things as the lender (plus a few others) and with the volume of sales flowing through the system right now, getting everything to the closing attorney promptly (or making sure the Buyer’s Agent did) is a big part of representing you client.

You’re Gonna Be Mad at Us…

July 6, 2015 By Rick Jarvis

You are about to get really mad at your Realtor … and your lender … and your attorney.

And you know what?  It isn’t our fault.iStock_000013841997_Large_jpg

Beginning in late 2015/early 2016, the way real estate transactions are closed will change and change substantially.  Since becoming licensed in the early 1990’s, this is by far and away the most fundamental structural change I have even seen in our industry.

Dodd – Frank and the CFPB

In 2010, the Wall Street Reform and Consumer Protection Act (also known as Dodd – Frank) was signed into law by President Obama.  With its signing, Dodd-Frank brought sweeping change to the way the financial markets were regulated.  It also gave birth to the Consumer Financial Protection Bureau (CFPB).

Dodd – Frank (and the CFPB) was created in direct response to the financial crisis. It was designed to put more controls in place, as well as harsh penalties for intentional fraudulent practices, to prevent another complete economic collapse on the scale of what happened in 2008.  And as the real estate market (ok, lending) was one of the chief culprits in the meltdown, it too, fell under the changes brought by Dodd – Frank.

Fast forward from 2010 to 2016, and we are now seeing the full impact of Dodd – Frank.  The changes are far from all positive.

The Financial Crisis

One of the main goals of Dodd – Frank was to protect a largely uninformed public from unscrupulous and predatory lenders.

The Dodd-Frank legislation is 848 pages if you care to read it.
The original legislation is 848 pages if you care to read it, but click here for a synopsis.

During the run up to the crash of 2008, a largely unregulated lending market began to create mortgage products which were intentionally disingenuous. These highly leveraged adjustable interest only loan products were not designed to help someone own a home, but to extract as much in interest payments as possible.  The loan products created mortgage time bombs as rates adjusted upwards and payments on the loans increased well beyond buyer’s ability to repay them.

Those who created the loan products were able to insure them against default (which was totally insane and probably the biggest cause of the crisis) and thus carried no risk … which only encouraged riskier and risker behaviors.  Cracks appeared in the financial dam in late 2007 and by summer of 2008, all forms of lending effectively ceased, largely freezing the real estate market in place.

Know Before You Owe

Would 2008 have happened if the borrowers of the world knew what they were borrowing?  Hard to say.

Regardless, it appears that the CFPB does feel that way and thus, the changes now being put in place.  In order to create an environment where consumers were far more certain about the products they were signing on for, the CFPB has adopted the philosophy of ‘Know Before You Owe‘ in an attempt to save borrowers from the evil lenders.

Know_Before_You_Owe___Consumer_Financial_Protection_Bureau
Gotta love when the Federal Government uses logos and catchy sayings

The key to protecting the borrower from the lender, in the opinion of the CFPB, is more time, longer forms and harsh penalties. By completely revamping the lending practices of mortgage originators, the CFPB is effectively forcing lenders to disclose more fully and far earlier than before with extremely large penalties for non-compliance.  Hopefully, consumers will have more time to comprehend the loan products they are committing to and lenders will be far more reticent to push the boundaries of good faith knowing fines exist as large as $1M per day for willing non-compliance.

Disclosure Earlier is Good, Right?

An informed consumer is a better consumer … this cannot be argued.  Forcing the lenders into better disclosure earlier in the process means a better informed client.  Once again, this is a good thing.

In order to force lenders to fully disclose earlier, the CFPB has demanded two major changes.  The first change is in how disclosure happens.  The closing statement that had been used for decades is being replaced by new form that is both longer and in more detail.  Effectively, the Truth in Lending Statement and the HUD 1 Closing Form (aka Closing Statement) are being merged into one mega-form now called the Loan Estimate and Closing Disclosure.  It can be argued that this change is more annoying than structural and will not really have an impact other than some short term confusion as attorneys, lenders and Realtors get familiar with the new terminology.

The second, and far more impactful change, is that all of these documents must be delivered to the borrower a minimum of 3 days prior to closing.  Gone are the days when the HUD would arrive 30 minutes prior to closing and everyone saw it for the first time when they sat down to sign paperwork and made any and all adjustments to the form while sitting at the closing table.  The closing attorney (or title company) had the power to make minor adjustments to the closing statement in real time to fix errors or omissions.  No longer.

Sequential closings are going to experience a ton of problems...
Sequential closings are going to experience a ton of problems…

You Only Hurt the Ones You Love

On the surface this sounds like a great idea … lets get everything ironed out earlier!  Having a chance to review the package well in front of closing feels much better than hoping that the closing statement will be correct when you arrive at closing with movers on the way and your sick kid at your sister-in-law’s house.

But what happens if the statement is wrong?

Any amendment requires the 3 day process to begin anew. Imagine going to a walk through and seeing that a repair was not done correctly and the seller and buyer agree to escrow $1,000 for the repair … guess what??  You gotta wait ANOTHER 3 days to close.  Or what if the builder forgot to show a $2,500 credit for the upgraded appliance package?  Yep, 3 more days…

The ability to make adjustments to the closing statement is now, for all intents and purposes, gone.  In its place is 3 days of pain, stress and frustration while the paperwork is amended, resubmitted and subject to another mandatory 3 day review period.

When you think about the impact this will have on closings where multiple homes are expected to close in sequence, you can begin to see the trouble this will cause.  If any one of the loans in the chain requires modification, it will slow down the process by a minimum of 3 days.

And heaven forbid if you have used an internet lender in a different time zone.  I can’t imagine the pain this will cause.

While I agree with full and complete disclosure, the CFPB has not anticipated the ancillary impact this requirement will have.  Removing the ability to make legitimate modifications to the closing statement is not consumer protection.

Marginal Buyers Lose

The sequential closing is a hugely important part of our the market, especially for buyers who have little equity and are unable to qualify without the sale of their home.  The 3 day right to review will wreak havoc on the closing process that we have all become so accustomed to and understand so well. By outlawing what are benign and minimal, but necessary, last minute changes to the closing statement and forcing a minimum of a 3 day wait upon the parties is either going to:

  • Discourage the practice and force marginal buyers to stay in place
  • Force many last minute panic moves or late closing penalties on the marginal buyer
  • Force buyers to accept incorrect closing statements due to penalties for non-performance exceeding the incorrect costs on the closing statement

I am not sure that this is what the CFPB intended.

Sorry…

I am already rehearsing my apology.

The first time the problems arise (and they will), the buyers and sellers of the world are going to get angry.  ‘What do you mean we aren’t closing for another three days?!?!  The movers are on the way!!!  My new job in Poughkeepsie starts Monday!!’

Sorry.  I really cannot help.

I fully expect to take many daggers because of someone else’s mistakes and there will be nothing that I can do about it.  Nor can the attorney, nor can the lender.

At the end of the day, the old world is no more and we now have a far more regulated and inflexible process that, I feel, will cause more harm to the consumer than protection.  The lending institutions of the world that caused the crash are no more.  Enacting rules to prevent their fraudulent practices is akin to closing the barn doors after the horses are long gone.

But the doors are now closed and those who are left in the barn are now trapped with far less room to maneuver.

 

 

How to Execute a Simultaneous Sale/Buy

July 3, 2015 By Rick Jarvis

So you want to buy a new home, eh? Great! We can help.
But you have a house to sell, too. Great! We can also help with that.
But you can’t buy the new home until you sell the existing one. Got it.
And you don’t want to settle for a new home that you don’t absolutely love. No sweat.
And you don’t want to move twice. Understood.
And you don’t have to move so if you don’t get what you want, you can just stay put. Noted.

buy and sellSelling and Buying at the Same Time

We hear these statements all of the time … and trust us, we really do understand.

As the market rebuilds itself and more and more people are getting back to a position where the value of their homes has recovered, we hear the aforementioned wishes more and more. But correctly executing the sale/buy transaction is harder than it sounds … and it is about to get harder. Likewise, one person’s best way might not be another’s best way. This is not a ‘one size fits all’ type of transaction.

Let’s look at what to consider.

Everyone is Different

First and foremost — no simple answer exists.

Everyone has a different view of financial risk, and thus, no one solution exists ...

If anyone has a single ironclad way of handling this scenario, I have yet to meet them. Not only is each situation unique, but everyone has a different view of financial risk. What may feel comfortable to one buyer may feel unnerving to another. The possible combination of factors – price, income, equity, interest rates, timing, distance (and many more) – makes recommending a single ‘step by step’ pathway both irresponsible and short-sighted.

At the end of the day, you need to consider many factors. By understanding the concepts and their risk/impact, you will give yourself a framework to help discover YOUR best path.

A Framework for Understanding

Remember, it is a portfolio decision, involving a buy AND a sale ...
First and foremost, you need to realize you are making a portfolio decision. The sale of a home and subsequent purchase of another is nothing more than rebalancing your overall financial picture, at least as it relates to housing, and decisions made on one side impact the other. These two seemingly independent events need to be considered in conjunction with one another and should not be separated. Many people want to look at the two transactions as independent of one another, but they are not.

Unless you are moving from one market to a completely different one or selling and moving into a long term rental, replacing one asset with another simultaneously means similar market conditions on both sides (with some exceptions, obviously.) If it is a seller’s market when you sell, it is when you buy. The reverse is also true. Don’t expect otherwise.


Months of Inventory – Richmond Region

For more information about market conditions, check out our STATS page


Pick a Side

One side of the transaction is more important than the other ...
That said, you have to recognize that one side of the transaction is more important than the other.

Typically, when trading up from the starter home to the 5 bedroom home that will take you through the next 20 years, the home you are buying is more important than the one you are selling.

Act accordingly.

Timing is Everything

The sale/buy is about precise timing.

A properly executed sale/buy means the execution of many complex things all at once – closing, funding the mortgages, payoffs, wire transfers and movers (to name a few.) Make sure your team (Realtor, lender, attorney) is not only experienced, but experienced in working with one another.

A missed date in a sale/buy can get incredibly expensive extremely quickly and guess what – you are the one who carries that risk.

Contingent? First Right?

Sellers in accelerating markets hate both ‘Contingent Contracts’ and contracts with a ‘Right of First Refusal.’  Being either a contingent buyer or first right buyer in most cases, means overpaying, and is a poor strategy.

More on this later.

Liquidity is Power

Many financial advisors have scared their clients by not understanding the housing implications of their advice ...
Liquid assets are your friend. 401k, stock accounts, home equity loans, other retirement funds … all of these have value either as collateral for a loan or in their ability to be turned into cash.

Make sure you fully understand the impact of accessing these assets (taxes, penalties, borrowing rates, vesting) before blindly refusing to use them. It should also be noted that many a financial advisor has scared clients by not understanding the housing implications of their advice. Asking your financial advisor is prudent, but filter that advice they give you.

Use Your Math Skills

Furthermore — remember it is a math problem.

Don't try to save $1,000 on one side to cost yourself $3,000 on the other side ...
Often, we hear clients say ‘well its too expensive to borrow against my 401k’ when in actuality, the cost of accessing assets like the 401k is far cheaper than the alternatives. Don’t try to save $1,000 dollars on one side and cost yourself $3,000 somewhere else. If liquidating a stock position makes you a stronger buyer, seriously consider it.

Use Your Strength

Likewise, the more strength you have as a buyer, the better deal you can drive.

Remember that an offer is a combination of price AND terms. Being a good buyer is more than just price. Down payments, closing dates, inspection, appraisal and sale contingencies are all part of the contract and can make your offer more attractive than someone else’s in a competitive offer situation. The better the home you are buying, the more offers it will generate.

Vet Your Lender

A good lender is a must.

The use of a non-local lender always costs more in the long run ...
If you use an internet lender or some other lender tied to your stock portfolio, money market account or insurance carrier, prepare to have a miserable and expensive experience. I cannot state this loudly enough – the use of a non-local lender will cost you substantially more in the long run. Do not worry about how great their incentives are to get you to use them, don’t do it. Nothing they can offer you will make up for the expense of missing the closing date on a simultaneous transaction. If you are talking to one now, hang up the phone, close your internet browser and step away. Non-Local lenders never ever ever work out. Never. Ever. Never. And, once again,  you are the one who loses, not them. If you take nothing else from this post, remember this point … please.

Penny Wise and Pound Foolish

Beware the tendency to be ‘Penny Wise and Pound Foolish.’

Many times I have seen a seller (who is under contract to buy) make a dangerous decision about an minor inspection item and put their own sale at risk. Buyers are still skittish and being too aggressive on a small item, regardless of how right you may be, means losing big in the end. If you have removed your own contingencies and spent money with your lender, inspectors, insurance broker and appraiser, losing the contract on your house over a small inspection item will feel incredibly foolish in hindsight. Be extremely careful about everything you do that can give your buyer an out when trying to execute the simultaneous transaction.

Do Your Homework BEFORE it is Due

Speed is critical, and so is market knowledge.

Do your homework, get prepared and rehearse!
Minimizing the time between when you find the perfect house, get it under contract and have yours on the market minimizes your risk. Knowing the market means immediately recognizing a good deal and being prepared to act gives you the greatest chance for success. Do your homework, get prepared and rehearse.

  • Keep your home ‘show ready,’ even if not on the market
  • Get pre-approved, not just pre-qualified, and keep it updated
  • Have the ability to go see a newly listed home within 24 hours
  • Be ready to pull the trigger and negotiate quickly
  • Have your team ready and understand the costs

Expect Competition

Expect the best listings to have multiple offers and prepare accordingly ...
In a market starved for inventory, your value as a buyer is far less.

Don’t expect the new listing in the perfect neighborhood to negotiate price much (if any) and don’t be surprised if there are multiple offers. As a matter of a fact, expect the best listings to have multiple offers and prepare accordingly. And the more you lallygag with making an offer, the more competitive offers will magically appear.

Wait or Act?  You Decide …

Waiting makes ‘Trading Up’ more expensive. The long term prognosis for both interest rates and home pricing is heading up. If you are moving up, then waiting until the home you are selling appreciates some more (probably) means buying a more expensive home at a higher interest rate. Yes, your $200,000 home might go up by 5%, but so did the $500,000 home you want to buy. Do the math.

Get Housed Right!

Do not discount the cost of being ‘Housed Incorrectly.’

If a recent job change has created a 90 minute commute or a change in familial status means you have too much (or too little) space, it causes stress. The impact being in a house that no longer fits is not without actual cost or mental/emotional cost. The creation of unnecessary stress and expense is unwise.

Accept the Idea of Moving Twice

Be prepared to move twice.

No one wants to hear this but know that making a decision about your next 10 to 20 years is worth a short term rental or week in a hotel. No one makes their best decision when they are under pressure. Removing the ‘I refuse to move twice’ condition from decision means more and better options as well as a stronger bargaining position. Buying a home that does not fully fit so you didn’t have to move twice means going through the process again … how big of a pain would that be?  Not only would be a big pain, it would be an expensive one, too. If moving twice gets it right, do it.

The Sale/Buy is Harder than Ever!

Similarly, the ability to execute a simultaneous buy/sale is about to change and may force you to move twice.

The implementation of the CFPB’s mandated new closing protocol will occur in late 2015 and change how closings are handled. Many of the changes create timing issues that are going to impact the ability to close consecutive transactions. The old way is no more and the protections that are now built in on the buyer’s behalf takes away about half of the flexibility to correctly execute the simultaneous buy/sell. For sell/buys using highly leveraged mortgages, or closings where multiple people are executing simultaneous buy/sells (think of a long line of dominos,) it will be even harder.

Plan B

Have a backup plan in place.

Do you want the know the best way to lose big in a negotiation? Have no alternative, that’s how. Playing chicken with a lender, mover or builder gets awfully difficult when you have no backup. And know that the your lender, mover and/or builder plays the negotiation game every day … you might play it once every decade. They are better at it than you are.

The Use of Contingent and First Right Contracts

Above, we referenced the ‘Contingent Contract’ and ‘Right of First Refusal’ (ROFL) contracts. In theory, they make perfect sense.  In reality, they don’t get you what you want. Contingent contracts and ROFR rarely work.

First, a contingent contract effectively says to the seller – ‘I will buy your home when I sell mine.’ The seller takes their home off of the market and waits for the buyer’s home to sell. We very rarely recommend for our sellers to accept a contingent contract.  If we do, it is only with draconian constraints and penalties for non-performance by the purchaser. The idea of taking a salable home off of the market during the spring season is colossally stupid and thus, it should not be done without proper protection.

In a ROFL, the buyer effectively says to the seller – ‘I will buy your home when I sell mine, but you can still market the property. If someone else brings you a contract, then I will either figure out a way to buy it or step aside and let the next group buy it.’ Only in the rarest of scenarios do we recommend for a seller to accept a ROFR.

When the market is stout, like it is now, these contracts are basically worthless. A seller is looking for someone without a contingency so they they can get on with their move. In order for you to convince the seller to accept a contingent contract, you pretty much have to overpay to get them to accept your contract.

Similarly, if you are in a ROFR or contingent situation, you have to price your home aggressively or risk losing the property you want to buy. So you end up overpaying for the purchase and underselling on the sale. That is just dumb.

Either way, the contingent contract or the ROFR, the buyer usually pays more and receives less … I am not sure why people try to use these techniques.

Conclusion

At the end of the day, we recommend figuring out how to buy without the use of the contingent contract or ROFL. In this market, these contract structure present risk greater than the reward in almost every case.

If you cannot buy without selling, we recommend selling first and strongly considering the dreaded concept of moving twice. The position of strength you will gain by doing so will far outweigh the short term nuisance. If you can figure out a way to make the timing work, then great, but a temporary move lets you shop from a far stronger position.

And lastly, if you want to move once, make sure you can act quickly and have a backup plan in place, just in case. Know that in doing so, you are limiting your options and placing additional risk in the transaction.  The coming changes to closing practices are going to muck up the system tremendously and create chaos.  The financial penalties to lenders will make them even more cautious than they are currently and the idle moving trucks in your driveway is not their primary concern when faced with up to a $1M PER DAY fine.

Understanding the inherent risk in this type of transaction is key and hopefully, this article has brought to light the difficulty and danger in correctly navigating the simultaneous buy/sell.

OOPS…Didn’t See That One Coming

February 8, 2014 By Rick Jarvis

OOPS…Didn’t See That One Coming

Here is a list of common “trips” which can make Pre-Qualifications a little risky:

  • Unreimbursed expenses, most notably (but not limited to) car mileage (“my accountant said it was a good idea”)
  • Self employed with multiple businesses (no matter how “passive” the business is)
  • Losses from secondary businesses (the part-time AmWay rep co-borrower)
  • Recent unsourced or non-employment deposits (the loan brother Bob finally paid back after several years which you are using for down payment)
  • Income structure changes (“my company turned me from a W2 employee to a 1099 employee after 5 years even though I am doing the same job for them”)
  • Gaps in employment (“it was only 60 days”)
  • Joint credit obligations (“I thought my ex-husband was paying that account”)

Oops Graphic_optGood loan officers will ask the right questions and determine which process is best for you, but since in many cases, you have no idea of the skill or experience of the person you may be talking to about Pre-Qualification or Pre-Approval, my desire to arm you with the information to know which one is best for your success. When in doubt…never be afraid to ask your loan officer and go over your situation. Also, always be up front and honest about your circumstances. Gone are the days where lenders will not find out about any financial skeletons. Your loan officer is working to help navigate you thru the right process and the ultimately the right mortgage. Full disclosure is critical to his or her ability to provide that service. Rule number 1 for any great loan officer…always put your borrowers in the best possible position to succeed with their purchase transaction and ultimately in homeownership!


Chris Owens with Southern Trust Mortgage has a full range of second home and investment property loan products.
Here are links to the other articles in this series about Lender Letters:
  • Pre-Qualification or Pre-Approval?
  • Why is the Lender Letter Needed?
  • The Importance of Being Earnest
  • Standing Apart From the Crowd
  • Easy Goes It
  • Are You ‘Lead’ing Me On?
  • OOPS…Didn’t See That One Coming

Are You ‘Lead’ing Me On?

February 8, 2014 By Rick Jarvis

Are You ‘Lead’ing Me On?

A typical lender letter is basically just a Pre-Qualification letter. The content of the letter generally is based on information provided by a loan candidate and specific language that the information has not been supported or verified and the letter does not indicate a commitment or intent to lend. In many real estate transactions, this type of letter is fine. If your profile is stable employment, solid credit history, and your source for down payment and closing costs is easily identifiable…this is probably the right letter and process for you. Agents will typically be more willing to work with Pre-Qualification letters issued by known reputable lenders and loan officers. Unknown lenders or loan officers may result in some scrutiny, but depends on the specific agents and circumstances.

Lead Graphic_optTypically lenders do not want to fill a pipeline full of active loans without real property addresses or fully ratified purchase agreements. It would force them to devote valuable human resources to borrowers who may or may not ultimately purchase a home or even use that lender for actual mortgage transaction once a purchase agreement is executed. It would raise lending costs due to the increased resources and slow the process down for “live” loan applications. Instead, they will tag you as “lead” or some other similar category, do all of the necessary ratio calculations, produce the Pre-Qualification letter and move on to the next call or email while you are completing your home search and /or negotiating your transaction.


Chris Owens with Southern Trust Mortgage has a full range of second home and investment property loan products.
Here are links to the other articles in this series about Lender Letters:
  • Pre-Qualification or Pre-Approval?
  • Why is the Lender Letter Needed?
  • The Importance of Being Earnest
  • Standing Apart From the Crowd
  • Easy Goes It
  • Are You ‘Lead’ing Me On?
  • OOPS…Didn’t See That One Coming

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From the Blog

Investing in Rental Property … A Primer

"I want to invest in rental property." "I want to flip houses." "I am thinking about owning some apartments ... what the deal with those?" We hear this constantly.  And we love it because it means someone else is in the nascent stages of realizing what many have known for years - owning …

[Read More...] about Investing in Rental Property … A Primer

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804.201.9683


How Do I Schedule a Showing?

I am Kendall C. Kendall, Client Care Coordinator for the team. I am a licensed Realtor and it is my job to answer questions and schedule showings for the properties shown on our sites. Here's our call policy.
kendall@richmondrelocation.net

804.305.2344


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