Intermediate Information: January 2007 Archives

This email exchange is worth another article on a different subject. Everything down to "Afterwards" is a straight out of the email except that I deleted any information that might identify a particular individual or company.

I am currently working with a coworker with no agreement. However, she has offered to rebate 50% of her commission. Are you negotiable with your commission?



I am very ready to buy a place at a bargain or discounted price. I have been pre approved by DELETED for $550 but I do not want to spend more than $525, preferably around the $450 range.



I have sufficient liquid funds for 10% down and have an excellent credit score...score 3 months ago was 752.



Let me know.

I do have lower cost packages for when you do part of the work, starting with finding the property.



When I find the property, I retain the entire commission.



Yes, getting half the commission back is cool with most folks. But consider: Did your current agent find you something like this? Does she spend enough time shopping the market that she even knows what is and is not a bargain, or does she just say "Here is the living room."? What value is she providing you? If the answer is, "not much," then no wonder she's willing to rebate half the commission! As far as she's concerned, the half she does keep is free money for going around and looking with you. My goal is that my clients end up with at least 10% they would not have had without me - either a better property for the same money, or the same value property for a lower price, or some combination of the two. Now, if getting half of a two point five percent commission via rebate sounds better than saving 10% of the value of the property, by all means keep doing what you are doing. If getting a property that is worth more, or paying less for the same property, is what you are after, you need someone who is likely to deliver that.



Yes, I'm one of the deepest loan discounters there is. That's because a loan is a loan is a loan, as long as it's on the same terms. A thirty year fixed from National Megabank is the same loan as a thirty year fixed from the Bank of Nowhere in Particular, provided the rate, costs, and terms are the same. Only difference is who you make the check out to.



No two properties are alike. Especially in the current market, the difference between shopping smart and not doing so is tens of thousands of dollars, far more than a commission rebate. I don't rebate buyer's commissions because I provide more than that in value.



Now, I've got some bargains I've found. If you'd like to work with me and get shown these bargains, or have me go looking for bargains specifically for you, give me a call and let's make an appointment to meet and get my contract signed. It's non-exclusive, so if you don't like what I find for you, you're free to stop at any time and go work with someone else. If I don't perform, as in find the property you want, I get nothing. I put a lot of work into every client or prospect I work with, with the idea of getting them a better bargain. I'm confident enough of my abilities that I don't need to tie you to me exclusively. But you do get what you pay for. If you want a Yugo agent that breaks down in the middle of the transaction and leaves you stranded, that's no skin off my nose, but you are not the client I'm looking for and the bargains I find are for my clients.



Consider that your boss could probably hire other people to do your job more cheaply, but his additional investment in you probably makes him more money than that cheap replacement worker would save, and that's same reason is why I am worthy of my pay.



By those characteristics, you are a very qualified buyer. You should be working with someone who knows how to use that as leverage to get you a better bargain.



Or you can pay full price for a mediocre property, and console yourself with 1.25%.



If you decide you would rather have the real bargain, here I am, ready to go to work for you.

It may be true of what you are saying, however, if you want to win over prospects....you are going to have to change the tone of your communication. You come across very demeaning. Even if you were giving your services away free...I wouldn't be interested.

I took the time to explain the situation to you, rather than a flat answer. That's just a small taste of the value I provide. I am paid to be the expert, and I earn my pay. If you are an expert, you don't need me. If you don't know about all the stuff you don't know about and are stuck in denial about "Agents don't even need a college degree!", you won't see the value of a real expert - which is part of the point of what I wrote. Believe it or not, there are clients a good agent does not want, and you appear to be one of them by your response.



If all you're interested in is that rebate, that's fine with me - I am not looking for penny-wise and pound-foolish clients. I am looking for people who understand and are willing to pay for value when they find it, in order to save more money in the long term. But if you won't pay for value, don't be surprised when you don't get it. If you don't believe skill makes a difference, by all means go with the commission rebater.



Good bye and good luck.

You are an idiot. And I am going to report to the board.



There are plenty of agents that want my business. I haven't even tried to contact any agents yet.



You are the one that needs the good luck.



NOW GET LOST!

Afterwards: This guy is working with a weekend agent who isn't good enough or confident enough to quit her real job on the largest transaction of his life. No wonder he doesn't realize what a difference a good buyer's agent can make! Furthermore, it's highly unlikely that working forty hours per week somewhere else, she has the time, energy, and inclination to keep up with the market and its changes, let alone screen out properties that aren't worth the client's time. Value provided? Letting him into the property and saying, "Here is the kitchen. Here is the living room." Most people really can figure that out for themselves. Improvement in outcome over just doing something incredibly stupid and calling the listing agents? I can't see that there is likely to be any.



Now this guy was hoping I'd cave on my commission, and it's okay to ask. It's not okay to get upset when someone won't. It's counterproductive to get upset and claim I'm being "demeaning," by explaining to him what he plainly had not considered, that the value provided by a good agent far exceeds the commission rebate. He probably thought that that was "hard negotiating," not understanding that he had marked himself as someone that cannot be dealt with on the basis of mutual profitability, both of us coming out of the exchange better than we otherwise would have. If you don't understand that there is a problem or challenge, you are unlikely to understand the solution. On paper, the Yugo looks like a good idea. But once you deal with one, you know it's no bargain. Maintenance, reliability, performance, noise, lack of room, etcetera, etcetera, etcetera. I see a lot more original VWs on the road, marketed to the same demographic over twenty years earlier, than I do Yugos. Problems in real estate transactions happen, and they're often much better buried than anything purely mechanical. Furthermore, there's no real "lemon law" equivalent in real estate, and if you fail to deal with the issue at the proper time - most preferably, before it's a problem at all - it's far more costly to go back and fix. You saved $4000 on agent commission! Yay! You bought the wrong property, paid too much, can't afford necessary repairs, and have to sell at a huge loss and pay bigger commissions out of that than the person who sold you the property did? Not so good. Definitely not so good. Not to mention that with the prices of real estate being what they are, anything you "saved" in compensating the person who is supposed to be the expert on your side is likely to be lost several times over because the person who will work cheaper isn't worth as much.



In certain quarters, it's practically an offense against humanity to claim that you provide more value than another agent might, but it is nonetheless true that some agents provide more value than others. Get offended if you want. It makes zero difference to the facts. It is more constructive to employ techniques to find those agents who provide more value. Agents need to know the market segment they are serving, and this person is not part of mine. My business model does not permit me to do business with this sort of client and stay in business. You want cheap service with a commission rebate? The weekend agent is the way to go, not me, however much it might anger you to be told so. You want someone who is actually going to find you a better property at a better price, and provide more leverage in negotiations? You may be the client I'm looking for, and the discounter with the commission rebate is as inappropriate for you as an agent as I am for his ideal client. The discounter might want my clients, but they are not set up to serve the needs of those clients. I might occasionally do business with one of the discounters preferred clients, but I have no interest in seeking them out, and I cannot stay in business spending as much time and effort on them as someone where I make the full commission. Truth be told, the existence of such clients dilutes the value of my reputation, when somebody who has persuaded me to offer them a discounted package for lesser services tells someone who might otherwise be a good prospect that I did a good job, but nothing special. My target client is someone who's not only looking for excellent value, but recognizes it when they see it.



Caveat Emptor.

Found this on a public forum

I need help to stop foreclosure on my home. I need to sell quickly? I am a couple months behind on my payments and want to sell now. I am not looking to make a profit just need to get what i owe.

Boy, did the sharks swarm over that one! There were at least a dozen offers to purchase before I saw it.



Anybody will buy your house for half the market value.



Contact an agent about selling at quick sale prices. Offer 2% listing agent, 3% buyers agent. Even a quick sale price should get you at least 80% of value. Yes, that will cost you 5%. But you'll come out with 75% of value, net instead of 50. If your loan balance is anywhere under 75% of the value, this puts more money in your pocket. If your loan balance is more than that, it means you'll owe less in taxes when the lender hits you with a 1099. Not to mention that trying to sell a short payoff without a good agent is an exercise in futility.



Now this is not to say that you should list it for 80% of your most fevered imagination of what it is worth. You need to sell, as in have someone offer a price that they can actually pay you. You need offers. Ideally, you want multiple offers fast. You do this by underpricing the market value of your property, so that you will attract people who want to look, and they think it's a good price so they make an offer. The offer will not be full asking price, and don't waste your time hoping that you will get such an offer. Once that Notice of Default hits, everybody knows that you need to sell. To use one example I'm going through with a buyer client right now, if your property is a two bedroom place that basically looks like wild animals have been living there, and your list price is 99% of the three bedroom down the street, you are not going to get it, and you have a deadline, while your prospective buyers do not. You need to figure out what it is really worth by sales of comparable property happening right now, and then you need to discount that price by enough to make a difference. How much? Depends upon what your local market is like. That's part of what good agents get paid for.



Toss any concept of "negotiating room" or "getting what the property is worth" out of your head. Get your attitude out of the seller's market of two years ago. Especially in the current buyer's market, all of the power is in the hands of the prospective buyers. If you won't sell for what they offer, the one down the street who is a little bit smarter, or a little bit more desperate, will. Sellers have little enough power right now without the deadline of foreclosure. People who need to sell have only the power to say no, and what happens if they don't say yes to someone? I'll tell you what happens: You get nothing. The chances are better of flying to the moon by flapping your arms than of getting some of your equity back out of a foreclosed property. Since your best alternative is lose everything you have in the property, that's not a strong negotiating position. This buyer does not have to have your property. With thirty seven sellers per buyer in my local market, they can go find a more attractive property, cheaper, from someone else. Their best alternative in negotiations is that they go find some other seller who will sell for what they want to offer. Negotiating position: Very strong. Net result, the buyer offers what the property is worth to them. If you won't take it, they only need a bit of patience to find something else that will. If you didn't need to sell, you could just hold on to the property, of course, but we've already determined that you don't have that option, and time is not your friend. A very large proportion of agents still have their heads in seller's market mode. Indeed, most of the major chains are still telling their agents to think like it's a seller's market. This kind of thinking is of no use in the present market, as roughly 46,000 residential property owners have discovered in San Diego County within the last year. Considering that only 31,000 transactions have successfully closed in the same time period (and the ratio is getting worse, not better), that is a sobering warning. Only about 40% of property owners who listed their properties sold at all, on any terms. When you consider the time constraints of selling under pending foreclosure, it behooves you to understand your position.



Caveat Emptor

I am buying a house. I signed the contract but the seller said contingent to sell until she buys new house?

Is that normal?

People do it. It's smarter to avoid the stress and complications of dealing with both at once, but there's nothing wrong with a contingency sale, so long as you agreed to it in the contract. Note that once you have a fully negotiated contract, you can't just add a contingency to it. It has to be agreed to before there's a valid purchase contract, and if it isn't agreed to before then, the question becomes, "What concessions is the other side going to demand for this?" There will always be concessions, but by waiting to negotiate them after the contract is complete, you lay yourself open to a suit for specific performance. You agreed to that contract. Just because you forgot something important (or if you intentionally omitted it), does not mean you can just tack it on as an extra consideration, any more than the other side can unilaterally change the purchase price by $10,000.

Contingency does add a lot of complexity and not an inconsiderable amount of cost and uncertainty to the process, however. The buyer shouldn't lock their loan until they know when you can fund it, and if they don't know yet, this means the loan sits and sits, perhaps increasing in rate and cost. If you lock it, it definitely increases in rate and cost. This is the one exception to locking a loan rate right away. There's also the issue of whether your seller will qualify for the loan on the new residence, or the purchasers of your buyer's soon to be former residence can qualify for their loan. Not to mention the anxiety of whether you will qualify for your loan in time for the transaction to close so they can get their home, and I can go on.

There are better alternatives for this situation, and if your agent didn't give you a couple of ideas during the negotiating process, well, let's just say there are better ways to handle it, especially right now when you cannot afford to irritate or lose any buyers.

A contingency sale is most often for the convenience of the seller. Whereas this is just fine in a seller's market where as soon as you put the sign in the yard you get three offers, a buyer's market is something else again. By being unwilling to accommodate a particular buyer, you may not get another offer. I understand very well not wanting to move twice, but the person who is willing to work a little harder or go through some extra inconvenience usually gets it returned in the form of cash when the transaction is over. How much is dependent upon the competition of the moment. It can make your property a lot more attractive, and mean a significant difference on the sale price, if you're willing to cooperate with the prospective buyer on not making them wait while you find a new property to buy. In a market like today's, where buyers have all the power, it can make the difference between selling for a good price and not selling at all. Any time you find yourself unwilling to do something a buyer wants, you run the risk that you won't get another, or won't get another as good.

Some buyers want contingent sales as well. Just as being willing to work with a buyer without a contingency can make you money, a willingness to grant a buyer their contingency can also make money. You can ask for a larger deposit, a higher sales price, or for the right to continue to market the property - so you've got this offer, or a better one if that comes along, as they are not likely to be able to perform when you drop that Notice to Perform on them because you now have a better offer. If they could have performed, they would have already performed. If they really need that contingency, they've got to deal with the same market you're dealing with!

When there is a strong buyer's market, if you are willing to do what it takes, you are competing more strongly for the available buyers. Similarly, if you as a buyer have fewer needs that you ask the seller to cooperate with, chances are excellent that you will get a better price. Remember that there is a reason why he who has the gold makes the rules - because he's going to be shelling a good amount of it out in order to get his way on other things.

Caveat Emptor.