America's #1 Mortgage Broker

head_left_image

What Happened in the Del Mar Real Estate Market in November 2011?

I always like Jeff Dowler's markets analyses.  As you can see, someone can own a condo property in Dal Mar for as little as $2000/month. 

Via Jeff Dowler ~ Carlsbad Homes for Sale ~ 760-840-1360 (Solutions Real Estate (CA DRE Lic. # 01490977)):

What Happened in the Del Mar Real Estate Market in November 2011?

Del Mar Homes for Sale - Homes for sale in Del Mar CA

Del Mar is a small coastal town in North San Diego County and one of the most expensive towns in the county. Indeed, the Del Mar real estate market currently has the most expensive home for sale in San Diego County (at $61M), and still holds the record for the most expensive property sold (at about $48,000,000). 

READ MORE: Del Mar - Affluent Seaside Town (A Community Profile) 

Having up to date information on the local Del Mar real estate market is important for buyers and sellers to make informed decisions about buying and selling Del Mar homes. Here are the statistics obtained from the MLS for Del Mar for November 2011 (the data are believed accurate but are not guaranteed, and do not include private sales). 

11 homes sold in the Del Mar real estate market in November, 21% fewer than in October. Here's a summary of the activity: 

 

Total

Detached

Attached

# Sold

11 (down 21%)

5 (down 55%)

6 (up 100%)

Average Price

$1,367,272 (up 4%)

$2,595,000 (up 76%)

$344,199 (down 51%)

Days on Market

142

140

143

Sale Price/List Price Ratio

92%

91%

94%

Overall sales volume shifted down fairly significantly, but while detached home sales dropped dramatically, there was a doubling of attached home sales. Sale prices of detached homes rose substantially, but this was due to the fact that all sales were above $1.75 million, with 1 in the low $4 million range. In contrast, 4 of the 6 attached homes sold for under $300K, dropping the average price significantly. And Days on Market also rose significantly to more than4.5 months.

There were 7 Del Mar homes on the market at the end of November 2011 with a Contingent status (i.e., homes with offers being reviewed by short sale and REO lenders, 5% of the total number of homes for sale). These are included in the overall Active statistics below. 

33 homes entered the Del Mar real estate market in November, 2 more (6%) than in October. 17 Del Mar homes went pending in November, a significant jump by 89% over October pendings.

There were 150 Del Mar homes for sale at the end of November, a downward shift by 6% from October, the 3rd month of inventory decline. At the current rate of sales over a 6-month period, this represents an inventory of 8.5 months for detached homes (up from 8 last month), and 8.1 months for attached properties, down from 9.5 months in October.

READ MORE: How Important is Inventory when Buying or Selling? Very!!  

As with any statistic, 1 month of numbers does not establish a trend, so it is important to watch what is and has been happening over a period of time. One should not draw any firm conclusions regarding pricing because of the extremes in the Del Mar real estate market, as well as the fairly small number of sales. 

Search for Del Mar Homes for Sale

Search for Del Mar Beach Colony Homes for Sale

 

READ MORE:

Del Mar Homes for Sale | Del Mar Real Estate Market Report for October 2011

Del Mar Homes for Sale | Del Mar Real Estate Market Report for September 2011

Del Mar Homes for Sale | Del Mar Real Estate Market Report for August 2011

Del Mar Homes for Sale | Del Mar Real Estate Market Report for July 2011

Del Mar Homes for Sale | Del Mar Real Estate Market Report for June 2011

Del Mar Homes for Sale | Del Mar Real Estate Market Report for May 2011

 

My Jeff Dowler signature

 

**************************************

365 Things to Do in Carlsbad (and Nearby) on Facebook   Lifestyle Search on AtHomeInCarlsbad.com - Jeff Dowler

Jeff Dowler's Flickr Profile  Jeff Dowler's Facebook Profile   Jeff Dowler's YouTube Profile  Jeff Dowler's StumbleUpon Profile  Jeff Dowler's Twitter Profile  Jeff Dowler's Friendfeed ProfileSubscribe to this blog Jeff Dowler's LinkedIn Profile

Click to Search for All San Diego Homes          First Time Home Buyer Central Website          Relocation A to Z blog

Home Owner's Short Sale Guide

 

   Southern California Chapter of Certified Residential Specialists (CRS)

 My New Brokerage - Solutions Real Estate in Carlsbad CA

 

ALL ABOUT THE CALIFORNIA RELOCATION DUDE

 

If I can provide more information about Carlsbad real estate and surrounding areas, the housing market in general (or locally), or otherwise assist you, friends or family in a home search or sale, please contact me by phone or text at (760) 840-1360 or email me at JeffDowlerSolutions@gmail.com

Serving Carlsbad (including Aviara, La Costa & Carlsbad Village),  Encinitas (including Leucadia & Olivenhain), Cardiff, Solana Beach, Del Mar, La Jolla, Rancho Santa Fe, San Marcos (including San Elijo Hills), Oceanside, Carmel Valley, Escondido, and San Diego

Carlsbad Breaking News ~ Oceanside Breaking News ~ Encinitas Breaking News

All content ©Copyright by Jeff Dowler. All rights reserved.

BloodhoundBlog Unchained Anaheim Conference Teaches Business Blogging, SEO, Video E-mail Strategies, Salesmanship

Nestled in the shadow of the Anaheim Convention Center, an online marketing conference, for real estate agents and mortgage loan originators, was hosted by Greg Swann and Brian Brady. Last Friday, November 11, 2012, 20 people shared best practices at the Cortona Inn, from Noon until Midnight. Some highlights, courtesy of Sean Purcell, a REALTOR in La Mesa, CA: Greg Swann led us off with a demonstration of his Chinese army; software which creates tens of thousands of unique webpages, with granular listing data. Greg showed us how he can close the publishing gap, in less than an hour each week. X Scott Schang came to Unchained 2008 on, how he has described it, “his final few bucks”. He took the ideas offered there, implemented them here, and created a business which employs a half-dozen people. He shared his online business plan, his accomplishments and mistakes, and how he overcame market changes to stay relevant in the consumers’ eyes. X MarkMadsen and Tony Sena attended Unchained 2009, learned some valuable information and made invaluable contacts, to launch their latest venture, Shelter Realty. Their presentation chronicled the steps they took to make this new business a force in the SERPs. X Eric Blackwell knows search engine optimization. When we first met Eric, at Unchained Orlando, he was toiling away for a Louisville brokerage. The contacts he made, along with some salesmanship skills he learned, set Eric up for the challenge of entrepreneurship. Eric runs his own SEO consultancy; Eric on Search. Today, Eric helps regional brokerages and high-producing agents, dominate the SERPS in their region. X Finally, I offered some ideas about how my email marketing campaigns went from a 19% open rate to over 40%,. More importantly, my click-through rate tripled, using one simple idea to personalize the message.

La Jolla Jumbo Mortgage Rates Report: July 21, 2011

astro"Wall Street, can you read me?"

"Yeah, go ahead DC, we read you five by five"

"We have a problem."

Wall Street may be overconfident of a debt-ceiling hike deal and that overconfidence is priced into the market

In Washington, it can be tough to understand why New York is so sure of itself. While Wall Street is brimming with confidence that a deal will be struck, many Washington officials say the dynamics of this stalemate are different from any other they have encountered. And that means New York traders could be in for a big surprise in early August.

With less than two weeks to go before the Aug. 2 deadline, no deficit-reduction plan offered by the Senate or House has gained a significant amount of momentum. The House GOP’s “cut, cap and balance” proposal is dead on arrival in the Senate, which has yet to move its own budget. 

This means that a failure to extend the federal borrowing limit will catch markets by surprise; we could conceivably see La Jolla jumbo mortgage rates rise 1-1.5% overnight, in early August.

I've worked with mortgage-backed securities traders and I'm amazed at the huge gamble they're taking.  The culture of government bailouts is so pervasive in the financial community that the bankers are willing to ignore this risk.

Could La Jolla jumbo mortgage rates go lower?   I suppose they could but there is clear and present risk right now.  If you CAN, lock your mortgage rate to avoid this risk. 

Jumbo mortgage rates for July 21, 2011

 

La Jolla Jumbo Mortgage Liquidity Expands

la jolla shoresRemember when I told you that jumbo mortgage capital, for La Jolla homebuyers, was becoming more readily available?  I spent the better part of the first and second quarters, searching for jumbo mortgage purchasers in the secondary mortgage market.  That project was rewarded in late May:

I thought I was the lone capitalist voice in a market dominated by Wall Street welfare queens.  Naturally, Randazzo's work inspired me to action.   Yesterday, World Wide Credit Corporation  organized a division to provide "capitalist solutions" to the California mortgage market and we named it Jumbo Mortgage Capital.  We've identified non-traditional lending sources, normally eschewed by most local lenders, and can offer the following products to California home buyers and owners:

  • fixed-term ARMs, for loan amounts up to $4,000,000 (fixed terms range from 3 years to 10 years)
  • 30-year fixed-rate loans for loan amounts up to $4,000,000
  • stated-income jumbo mortgage loans for loan amounts up to $2,000,000
  • stand-alone Home Equity Lines of Credit up to $500,000
  • jumbo mortgage solutions, with just 10% down payment, up to $1,000,000

I talked about this in the Wall Street Journal last week.  While most of the people interviewed were expressing tenuous fear, about the government pull back, I explained that private money sources were ready, willing, and able to lend:

Investors and some academics say the government needs to shrink its footprint if private markets are to re-emerge, and that big loans for pricey homes are a reasonable place to start. "Credit unions, small banks, and hedge funds are all eager to buy these loans," said Brian Brady, a mortgage banker at World Wide Credit Corp. in San Diego.

While I was right about the trend, I was wrong about the size; the jumbo mortgage product is explosion is taking off with the intensity of the final space shuttle.  In today's Wall Street Journal, there is evidence that supports the claim I made, in the same publication, just ten days ago.  Yet, even the Wall Street Journal is focused on the agency-jumbo products rather than the capitalist-inspired private lenders. 

We are making jumbo mortgage loans in La Jolla.  Should you need to borrrow up to $4,000,000, call me and I'll try to help you find the money.

 

La Jolla Jumbo Mortgage Rates Report==July 6, 2011

Why are jumbo mortgage loans so much more expensive today than they were last Monday?  Greece struck a deal with the European Union to get emergency loans.  That action reassured golbal financial markets that a Greece default would be stayed.  Money flowed into equities and out of the safe haven of US Government securities.  Mortgage bond investors demanded higher yields from mortgage originators which was passed onto the retial borrower.

In which direction will jumbo mortgage rates head this summer?  I believe rates will be stable through Labor Day with some erratic movements upwards.  The federal Reserve bank has halted its quantitative easing plan.  While this should pressure jumbo mortgage rates higher, Greece is but the first of many sovereign default crises bubbling beneath the surface of a calm Mediterranean Sea.  I expect those threats of crises will hold the upwards pressure in check. 

If you can, lock a jumbo mortgage rate under 5%.  If higher than 5% is offered, you might pause to read what's happening in Europe.  Another one of these crises could afford you that rate under 5%.

Jumbo Mortgage Rate Indications, as of June 6, 2011:

  • 5/1 ARM----------4.000%/4.210% APR
  • 7/1 ARM----------4.375%/4.571%APR
  • 10/1 ARM---------4.625%/4.807%APR
  • 30 Yr Fix----------5.125%?5.557%APR

Jumbo mortgage rates quoted are for loan amounts from $700,000 to $2,000,000.  1% origination fee applicable. Credit, down payment, and income restrictions apply.  Not all will qualify.  Equal Opportunity Lender.  NMLS ID 339261

Get a customized rate quote here

Apply online for a mortgage here.

 

 

We can bitch, but we can also elect.

I really enjoyed Jason Sardi's libertarian thoughts.  As I was reading the comments, I saw this from Deb Brooks:

My question is, Why can't we just rewind to the era of Industrialism? Oh yeah, it's because our Unions have strangled the US Industries to make them go overseas. Our jobs are dropping like flies because the government wants to own everything. OMG, I could really rant here but I'm going to try not to...okay, I did a little. But, you are right and I am right and what's going on in our government is NOT right. How can we change it? I feel helpless, insignificant, and demoralized.

I emboldened the last sentence to illustrate just how insidious gangster government is.  It's not just that it seizes economic opportunity, from competent entrepreneurs, it demoralizes (Deb's fine choice of wording.)  I might have some thoughts about Deb's pining for the Industrial Age, and why it isn't necessary anymore, and I definitely want to share thoughts about the emboldened statement.

For now, I'll just offer Deb this advice about government; supplant it

Via Jason Sardi (I love kittens cute & My Jennifer!!):

If I am not mistaken, it was my sophomore year of college when I was posed with a question.  It was of a general nature in the only writing class I ever took in college.  I was asked who I was voting for in the Presidential Race.

I voted Perot, twice.  Now, had my vote become a reality ... well, who knows what the present would now hold.  And when I told that class the answer, the brilliant retorts of "Wasted Vote" wept like a cloud on a rainy day.  I thought them moronic because I wasn't voting Perot to take away from the Democrats or give to the Republicans or vice versa.  I didn't even vote Perot because he brought up the whole National Debt thing.  I voted Perot because I had that uncanny notion that monopolies were not looked upon nicely in our world.  And here we are ... living in one, Politically.

Democrats, Republicans, Liberals, Conservatives, it all reminds me of how boxed in we now are.  Don't get me wrong.  I still think this is the best of the rest as far as the rest of the species are governed, however we've had Clinton & Bush for some 18 years before the half-white guy got the nod. 

We are as inconsistent as we are smart about things.  The Far Right will tell the tale about small government and then start probing into your bedroom and your womb and your recreational habits like a storm trooper under Darth Vader's control.  And the Far Left, well they are a live and let live bunch unless it steps into the freeloading sector and they have no qualms about wearing a bleeding heart for the person that is about to stab you right there.  No sense for the cents ... those "Libs".

And the moderate (left or right) will sit with a stapled smile, tempered grin, and stirred soul.  While the loudest voices continue to get recognized through a culture who grants TMZ a journalistic gateway, critical thinking rears its unpopular little head. 

But it isn't always about electing who is running, maybe we need to start electing on the size of the ideas (and implementation thereof) and not the pocketbook.  Maybe we need to take the Democrats, Republicans (and their Tea Party constituents who couldn't think up an original name for their cause) and let them know that a New Sheriff is Around. 

This New Sheriff may say:

"I hope you can think for yourself."

Critical Thinking is not a lost art, but the factors that stimulate such are suspect these days.  I always preferred my entertainment to be just that ... entertainment.  At best, loosely mocking the reality of it all.  At worst, loosely mocking the reality of it all.  But to sit back and watch or read an agenda that claims to be any version of the truth and then to also claim they aren't entertainment, but journalistic entities ... makes me almost rationalize the drugs of the 60's. 

And here we are in 2011 and it is the same game, different faces, similar voices trying to figure out whether the squirrel is looking for the nut or if the nut makes the squirrel. 

I still think this is the best of the rest as far as the rest of the species are governed, however we have a long way to go before we elect Ross Perot President of this great nation.

 

Is Housing Too Important An Industry To Trust To The Free Market?

Two analysts I follow have diverging opinions about residential housing finance.

PIMCO's Scott Simon, who predicted the housing collapse back in 2006, thinks the government backstops in housing should operate more like a utility (a government-sanctioned monopoly).:

For most adults today, the government has been involved either explicitly or implicitly in the backing of home loans for as long as we can remember. In our opinion, the pre-financial crisis selling of nongovernment-guaranteed mortgages was essentially an experiment. It was this private-market experiment that we further believe did not work as intended, and at one point threatened the entire global financial system.

If we ended government support in all forms, mortgage rates could rise significantly, because home loan investors would need to be compensated for greater credit risk, and loan availability could decline. Higher rates and less mortgage availability would put downward pressure on home values, with potentially negative consequences for the market and also for the economy as a result of wealth destruction and consumer confidence declining.banker

Simon adopts a collectivist approach, with the presumption that home ownership is a "public good", a right if you will.  His argument presumes that housing prices must be artifically inflated, in spite of economic forces, so as to avoid a "run on housing".  I think Simon ignores the fact that properties have income-producing value which offer a natural economic floor to prices.  Simon's view isn't surprising when you consider the fact that he is a Wall-Street welfare queen (securities investor who prefers that profits be privatized while losses be socialized across the taxpaying public). 

Alternatively, Reason Foundation's Anthony Randazzo is a true capitalist.  He believes private businesses, in competition, should share in both the risks and rewards of investment.  Randazzo makes an excellent argument against government-guaranteed housing loans, in this Wall Street Journal article..  The obvious argument is that it hasn't worked thus far but Randazzo goes deeper:

Guarantees degrade underwriting standards over time. Historically, a primary justification for guarantees has been to increase the availability of finance to politically important groups with higher credit risks. It is inevitable that this will continue to happen, requiring the government to lower underwriting standards, and resulting in more risky mortgages.

Government guarantees always underprice risk. All federal guarantees underprice risk in order to provide a subsidy for lending. That is their purpose. And taxpayers will be exposed to losses in the future, as those risks materialize.

This shouldn't be ignored.  Politics hijacks government programs and mortgages become a way to buy votes.  It is not unthinkable to imagine a day when union members get subsidized rates because they have "more secure jobs",  This would be an excellent way to expand the labor movement and thus, secure the loyalty of a dedicated voting bloc.  Conversely, expanded guarantees  for miltary members, or defense-related industry workers, provides an economic incentive to grow those industries (and secure their votes) as well.  Both political parties have their "favored children" and both have a history of using government mortgage programs to curry favor with them.

Guarantees inflate housing prices by distorting the allocation of capital investments. The artificially increased capital flow will make mortgages cheaper, boosting demand for housing and pushing up prices, ultimately creating another bubble.

This is the most dangerous unintended consequence of government subsidies.  Two examples, unrelated to housing, are health care and education.  Since the inception of Medicare, health care costs have risen by 2.5 to 3 times the inflation rate, to the point where the only solution to a government-engineered industry was a complete government takeover of the industry (which willl distort costs even more).  In education, the expansion of Pell Grants and student loan guarantees created so much "monopoly money", that education costs rose at twice the annual inflation rate.  The solution to that government engineering was a complete takeover of the education finance industry.dmv

Maybe Randazzo is wrong and Simon is correct.  Perhaps housing IS too important an industry to trust to the free market. In that case, housing  can be rationed by the needs of the population rather than economic forces.  Certain people are probably more important than others to the State.  Their value to the State's agenda could be rewarded with subsidies while others, who don't contribute to the State's agenda, can just pay more.

We're in the middle of a vortex right now.  I think that lower housing prices are the most egalitarian affordable housing program available because it sufficiently matches supply and demand but, then again, I'm not a member of a favored political class.  I still cling to the notion that competition is the best way to organize society.

Do Sellers "Bribe" Buyers' Agents With a More Attractive Commission?

I sure did.  I sold a property, back in 2003, and wanted it closed in in thirty days.  I was uprooting my family to move to a different state and knew I was going to need cash quickly.  At that time, I was "real estate rich", cash-poor, and jonesin' to buy in my new area.  I knew I'd need to move some real estate quickly so I "bribed" the buyer's agent with a higher than normal co-brokerage fee.

I had three "non-negotiable points":  

  1. I wouldn't accept anything less than the listed price
  2. The escrow had to close within 30 days,
  3. All  contingencies had to be removed within 10 calendar days.

I listed the property on a Thursday and asked my agent to hold it open on Saturday and Sunday.  The property was vacant and I had just repainted it so I knew it would show well.  I priced it competitively so I expected offers quickly. 

Monday morning, my agent presented me four offers:  two were below the listed price and two were above it.  What stood out about the one I accepted (which was not the highest offer), was that the offer waived the appraisal contingency.  This was 2003 and lenders were using automatic valuation models (AVMs) for home buyers with at least 20% down payment. 

I accepted the buyer's offer.  Now, all I had to do was to get through the contingency period.  Typically, the buyer's agent submits a request for repairs for the seller to accept, reject, or amend.  I received that request on day nine.

I was kind of sweating a bit at this point.  The request for repairs was a laundry list of items, which I calculated to be 1% of the sales price.  I relied on my "bribe" to make this deal happen quickly and denied the request for repairs.  I basically said " take the deal or walk"

The contingency was removed and the seller closed a week early.  I don't know if my "bribe" to the buyer's agent did it but my house sold...early and for the price I wanted.

Pretty icky, huh?  At this point, you might think I'm a real sleaze ball for "bribing" the buyer's agent with a bonus but, I want you to ask yourself these questions:

  • What was my role in the transaction?  What was my job?
  • Who was supposed to be protecting the buyer's interests?
  • Would you care if your agent earned more than the average co-brokerage fee if you got the home for the price you wanted?
  • How could you prevent such a thing from happening to you?

This is a real estate website so expect a bunch of real estate agents to comment that my post offends them.  Some might even say that this practice NEVER happens and threaten that I did something illegal or unethical (I didn't; I was selling a property and I represented nobody).

A few might just answer the question in your mind right now (which is, most likely, the fourth question I asked you to ask yourself).  Those are the smart agents.

How do I know you ask those questions?  Consumers like you ask me them all of the time.  After all, I've been involved in over 600 real estate transactions.  Here is an example of questions I get.  Read what (sandycat) asks right here:

Does a buyer's agent have to disclose that they would receive a bonus if they sell a particular house? We signed our contract and now our agent said that she just found out that she gets a bonus for selling that house to us. Had we known that the seller was giving a bonus to the agent, we feel as if we could have had more negotiating power. Are there any disclosure laws about this??

This San Antonio agent (kevcrawford) answered her question reasonably:

99% of the time, the bonus being offered is out of the listing agent's commission, not from the seller, so you probably wouldn't have had any more negotiation power. I know that if I have a listing in a slow area that's priced correctly and we're just not getting many showings because the area is slow, I'll tack on a 4% buyer agent commission or bonus and I'll cut my take way down. This is a pretty standard practice in most places.

As far as disclosure, every state is different.   I have a feeling that you were happy with the house and felt you got a good deal until you found out your agent got a bonus. You wouldn't have bought the house otherwise. Enjoy your new house and thank your agent for finding you a great home for a deal that you obviously were happy with, because you closed.

At least I thought it was a reasonable explanation, until I read the customer's follow-up comment:

Yes, we feel like we got a good deal. But like I said before, if we would have known that the seller is willing to dish out all this extra money, we could have negotiated a little more aggressively. We are talking large sums of money, OUR money. Also, with a house transaction, we would expect full disclosure. I understand that real estate people buy and sell houses all the time, but we are average people who, at most, will buy and sell a few times in our lifetime. We rely on the experience and honesty of you guys to help us through this sometimes confusing and legalistic process.

Do I feel like we should get a piece of the bonus? No. I say good for her and Merry Christmas for getting a bonus right before the holiday. But we felt as if we were sideswiped and it doesn't feel right.

Ugh, that's not a big vote of confidence for her agent.  Let's see if she relaxed.  Nope, it gnawed at her:

I'm totally not upset that she got a bonus. And she didn't lead us to this house, we asked to see it. I really have to believe that she didn't know until later. I really think in the end we got a good deal, I guess it felt a little "shady".

Finally, we see that the customer's husband tells all the agents that incentives DO matter:

There is still another perspective and this goes to all realtors. It is about the fact when a professional is to represent the buyer's side and professional advice is requested. Any extra incentive will have some impact on the agents motivation

You want to know as a buyer if there is a special motivation to sell that specific property. Especially when the agent is asked about specific matters you want to trust in their judgement. By not disclosing the extra bonus there is a lot of room for second guessing...

...Honesty still matters and once the deal turns sour it's a lose lose situation for everybody. For the realtor side is about losing recommendations or even worse, reputation.

Smart agents will address this and will advise you to negotiate the fee you expect your buyer's agent to receive before you look at homes.    As I've always said, most real estate agents are good and honest business people.  Most loan agents are, too.  The compensation structure for loan agents and the compensation structure for real estate agents, is broken, though.  The REALLY good agents will acknowledge this and want to help you answer all those nagging questions, about the appearance of impropriety,  before, during, and after the transaction.

Hire one of them.

That's Our Policy / A Consumer's Guide To Buyer's Brokers/Agents

More advice for consumers, to augment the premise that a buyer should negotiate the commission prior to seeing homes.  The author, Bill Archambault, is a man I met some five years ago.  he is a published author (and I've read his book "One House At A Time"), has brokered real estate, and been a lender, 

Via William J Archambault Jr (The Real Estate Investment Institute ):

That's Our Policy / A Consumer's Guide To Buyer's Brokers/Agents

That's our policy! Wake up home buyers! You're entitled to your own policy too!  It's your money, it's your life, it's going to be your home!

I have over forty years of lending and real estate experience let me tell you about my policy with regard to what we call "Agency," who the REALTOR® works for!

Agency agreements, buyer's broker contracts, buyer's agent contracts are all basically the same thing, a contract to have the REALTOR® represent you, the buyer in the purchase of real estate! A contract to convert you from customer to client.

Prior to 1986 extremily few home buyers had their own agent!  That agent you shared your life with legally worked for the seller as a sub-agent of the listing broker, just like so many still do. Of course they really didn't practice that way! The reality is that if they don't sell you the house they don't get paid! Every one, but the listing agent was compromised, for only the listing agent could wait for a better offer to get paid by his client, the selling agent got nothing if you, his customer didn't buy the house!  Because he works for the seller he couldn't recommend any thing different than as listed! Because he works for the seller he couldn't contract with you and you were free to cut him out of the deal at will. Many did! Just like walking out on Kroger's butcher, crossing the street to A & P to save a penny a pound! Hardly a good way to build a relationship! Let alone one that determines the rest of your life!

Very specialized brokerages had a better way. Investment brokers, commercial brokers, and industrial brokers often listed/contracted to exclusively represent the real estate buyer, being paid by the buyer and having their fiduciary with the buyer! Their buyers became clients not customers. Their clients had their own real estate professional, representing them exclusively! The agents/brokers were assured of getting paid, freeing them to recommend against unsuitable properties! At that time the buyer's broker contract closely resembled an attorney's retainer agreement listing the fee for professional service normally plus expenses and often including a pre-paid retainer fee!

I took my first class in Buyer Brokering from Carol Danna Lews, CCIM through the Michigan CCIM Marketing Group in the spring of 1976. I was so impressed that I brought her to Kalamazoo to present the class to our Board of REALTORS® I remember that class well because in ten years putting on over 200 classes for the Board that one was the least attended at 10% of the Board not the usual 30 to 50%.

I opened my own two offices in September of 1976. By the end of the year I had retainer agreements with two banks, an appliance chain, and a certain sailing man's chicken chain.

It wasn't until late 1978 that I first listed a home buyer, the property was so poorly listed that I couldn't possibly represent the seller. I listed the home buyer, wrote a great offer for the buyer, I then called the listing office and ask the broker, a friend to come to the presentation with his agent and the seller. The offer was accepted as written, the seller was disapointed, but happy, the buyer was happy and saved money even after paying me! My friend left with his mouth hanging open, his agent left cursing, he was fired 8 days later never to get back in real estate again.

I was still teaching college one night a week then and my students heard about what I'd done (I told them.) and many came to me wanting a broker on their side free of a fiduciary to the seller.

By 1985 home buyers finally realized they to needed professional help.The NAR and the MAE cousins fought it! By the end of 1986 we had almost universal "Agency Laws"  "Agency" is the illegitimate child of Tradition and Compromise! (Compromise is always involved with the illegitimate.) The Mae clan forced the buyer's brokers fees to appear as being paid by the seller.

Why would any one in the twenty first century go house hunting NAKED?

To be with out your own professional broker/agent is to be NAKED, exposed and vulnerable!

NAKED like a defendant in court with out an attorney! (Remember even attorneys higher attorneys!)

Put in it's simplest form if the other guy has professional help you should too!

Even worse! Two nudes! FSBO's are great, some times! How will you know? How will you get a closeable deal? How will you get a fair price?

Only the extremely ignorant ever make an offer on real estate with out their own professional, fiduciary contracted to and paid by them!

When you're presented a Buyer's Brokerage / Buyer's Agent / Agency agreement you're going to hear that a lot of it is the Broker's policy! A lot of is going to be offensive!

You're entitled to have your own policies! Let me suggest a few:

Duration: Most common is for the agent to put in 6 months. The Wise Consumer's policy should be to limit this duration when first dealing with a new agent. I recommend one day or a week-end this can always be extended! Time isn't even required. An Agency agreement can even be restricted to a property or properties physically show to you by that agent.

Location: Many agreements list the entire state in witch the brokerage is licensed, that's absurd! Location should be very restricted! Never exceeding the agent's personal service area.

Protection period: Just because you aren't willing to sign a long term contract doesn't mean you're trying to go around your agent. Accept any protection period ask for so long as it's restricted to properties that were physically shown to you.

Exceptions: You must included an exception for properties you were shown under any previous agreement! Forget this and you could find your self paying two commission on the same property!

Commission: If you want truly want a personal fiduciary then you must control the fees paid to your agent/brokerage! Home salesmen think in terms of percentages of the sale price, at amounts determined by the listing contract and the published split in the MLS, again this is absurd! You need your own policy! The agent normally expects half of the commission as listed, often 3% to his office. Check the local market. If the going rate is 3% to the selling office, I recommend you enter a dollar amount equal to say 3.5% of your meridian target price! If you're looking for homes between $200,000.00 and $300,000.00 I suggest $8,750.00 not one dollar more or one dollar less, with any and all compensation occurring because of your purchase being credited to the fee and any excess being rebated to you. You will need to be prepared to make up any shortage! You've just eliminated the only conflict of interest buyer's agents normally have. Now have a true buyer's agent! (Traditional listing agents never have this conflict because pushing for a higher sales price benefits their seller 94 to 6!)

You're are going to be told that's not their policy! Again remind them it's your policy, and there are other qualified agents.

You're going to be told they have to use approved forms, they maybe right.

You're going to be told they can't change the forms, they may be right, but you can! That's why we gave up quill pens, ballpoint pens quickly and efficiently line out offensive clauses. That's your policy!

If you're to timid or as unprepared as most home buyers are have a real estate attorney on a small retained! Have him prepare the Agency agreement.

In a perfect world you'd get what you deserve and you deserve the best, you're paying good money for it! In the real world you get what you settle for!

Naked maybe fine for the home shopping network, but never house hunting! There maybe some exceptions in Florida.

  

 

Bill

William J Archambault Jr

The Real Estate Investment Institute

wja@reii.org      Cell 832-259-7078,      Houston 832-582-8415,       Las vegas 702-516-1569

     http://www.reii.org  Back Cover One House At A Time http:www//reii.org http://www.flippingforfunandprofit.info/ http://www.billarchambault.com   

From my past: GRI 1975, FLI 1974, Catalyst from a client 1974 an agent that makes things happen, REII, The Real Estate Investment Institute 1995.

http://www.reii.org

©William J Archambault Jr   ©The Real Estate Investment Institute   ©REII

Shopping For A Mortgage? Beat the Banking Cartel By Using The Rules IT Implemented Against It

Should you pick a (a) bank, (b) non-depository lending correspondent (direct lender), or (c) mortgage broker to secure mortgage financing when you purchase your new home?

The answer is (d) all of the above if you want to shop for a mortgage.

The mortgage lending industry has been, for all practical purposes, nationalized at this point in time.  Massive regulatory efforts like the Dodd-Frank Act were enacted  to "prevent consumers from 'abusive' practices" regarding loan originator compensation,  In practice, this Act actually penalizes the SMART consumers and buttresses the profits of the banking cartel.  One of the most anti-competition regulations just took effect and you, the smart consumer, can get really rooked; I'm going to show you how to beat these guys at their own game.

The Federal Reserve Bank (the Fed) , under the authority given it through the Dodd-Frank Act, specifically outllawed the ability of a consumer to negotiate individually with a loan originator.   The Fed demands that all borrowers be treated equally, by each loan originator (regardless whether he works for a bank. lender, or brokerage), when that originator charges for his or her services.

Sounds fair, doesn't it?  I mean, everyone wants to be treated equally, right?

Except, lending  terms, like life, isn't supposed to be about equality of outcome.  Each borrower is unique, with her own set of strengths and challenges.  Those can present certain risks to lenders (and loan originators).  If you are a well-heeled borrower, meaning you manage your credit well, have ample income to service the mortgage payment, and have saved a healthy down payment, you have been lumped into the same category as the sketchy-paying, pie-in-the-sky dreamer, who wants to buy the biggest house for the least amount down, regardless of his financial status.

Stated differently, we could offer flinty, prudent, educated consumers, a discount, for being well-prepared for the loan process, prior to April 1, 2011.  Today, we have to charge you as much as the haphazard loan applicant.  In a sense, you are being penalized for your hard work and dliigence.

I'll show you how to get around that by employing a process I call the shotgun application.  I'll catch some heat for letting you in on this secret.  This is a real estate industry website, which allows comments from lenders.  They will hate that I'm telling you how to negotiate, by pitting the banks, direct lenders, and mortgage brokers against one another, so that YOU get smokin' mortgage terms. Watch how they act in the comments section below.

The real estate agents may go so far as to suggest that you should use only a lender whom they know , or that you should only use one of the government-subsidized banks ( the ones the taxpayers had to bail out because they couldn't manage risk).  Ask yourself why they give such advice.

This game has been rigged against you, by the Federal Reserve Bank, at the behest of the bailed-out-by-the-taxpayers banking cartel.  The Fed regulation which prohibits you from negotiating with the loan originator was designed to penalize the more nimble loan correspondents and mortgage brokers BUT...

...as with all government regulation, it's filled with loopholes.  I'll show you those loopholes, so that you can play the game by your rules , and win.

I expect this series to be about 4-5 articles so keep checking back.  I'll provide links to each article at the bottom of the page.