Why Take the Key? It Won’t Help Your Buyer’s Chances.

 

I recently attempted to show a bank-owned property that was priced considerably below market-value. One of my eager buyers was hoping to view this property and ultimately submit his highest and best bid. The property had been on the market for two days and there was a mandatory seven day waiting period before any offers were considered. When we arrived at the property, I unlocked the lockbox, only to find that the keys were missing. Confused and a little annoyed, I informed my buyer and called the listing agent. The listing agent was aware of the situation and placed a call into the property manager to have the property re-keyed.

ATTENTION REAL ESTATE AGENTS!
Removing the key from the lockbox to reduce the likelihood of the property being shown to other potential buyers is not only very unethical but may prove to be a disadvantage to your buyer. The seven-day waiting period could be extended to rectify the inconvenience and allow interested buyers time to submit their highest and best offers. Also, your buyer could change their mind making your efforts futile and unnecessary.

As a Real Estate professional, you should inform your buyer of the competition associated with the property purchase. Review the comparables (Comps) with your buyer, as well as strategize and determine the best offer for the property. As a real estate agent it is important to be professional and ethical in all business endeavors.

ATTENTION BUYERS!
If your Real Estate Agent suggests removing the key from the lock-box, please ask them to reconsider. As a buyer, if you were viewing properties, you too may be a little annoyed to know that you cleared your schedule for this viewing only to find out, there is no key to access the property. Additionally, if you were successful in securing the property, the absence of the key could delay other areas of your home purchase process including the inspection, appraisal, etc.

I am always disappointed with agents who employ this unethical practice. As a Realtor, your success is not measured by how many keys you can remove from a lockbox or how you can block the other buyers and agents through unethical practices. As a Real Estate Professional, buyers seek your services in a real estate transaction to be informed, educated, and navigated through this process. Buyers look to their real estate agent to negotiate on their behalf, and more importantly to be honest and ethical in all they do. Sometimes I wonder if I’m the only agent who works by these practices.

Special Report: Real Estate Provisions in 'Fiscal Cliff' Bill

Published by:  Daily Briefing: Wednesday, January 2, 2013
A service for members of Florida Realtors

WASHINGTON - Jan. 2, 2013 – Tuesday, January 1, 2013, the House and Senate passed H.R. 8, legislation to avert the so-called "fiscal cliff." Following are real estate-related provisions of the bill, which President Obama plans to sign into law today:

• Mortgage Forgiveness Debt Relief Act extended to January 1, 2014. In place since 2007, the act provided a tax break for homeowners who struggled through financial hardship such as a foreclosure, and were granted mortgage debt forgiveness. In the past several months, National Association of Realtors (NAR) issued numerous calls to action urging its million-plus Realtor members to ask lawmakers to extend the tax break for another year. More than a quarter of all transactions involve distressed properties, the NAR said in its plea. "Homeowners shouldn't be forced to pay a tax on money they've already lost with cash they never received."

• Deduction for mortgage insurance premiums for filers making below $110,000 is extended through 2013 and made retroactive to cover 2012.

• The 15-year straight-line cost recovery for qualified leasehold improvements on commercial properties is extended through 2013 and made retroactive to cover 2012.

• The 10 percent tax credit (up to $500) for homeowners for energy efficiency improvements to existing homes is extended through 2013 and made retroactive to cover 2012.

• "Pease limitations" that reduce the value of itemized deductions are permanently repealed for most taxpayers but will be reinstituted for high-income filers. "Pease" limitations will only apply to individuals earning more than $250,000 and joint filers earning more than $300,000. The thresholds are indexed for inflation so will rise over time. Under the formula, filers gradually lose the value of their total itemized deductions up to a total of a 20% reduction.
First enacted in 1990 and named for Ohio Congressman Don Pease, who proposed the idea, the limitations continued throughout the Clinton years. The limitations were gradually phased out starting in 2003 and eliminated in 2010. Reinstitution of these limits has far less impact on the mortgage interest deduction than a hard dollar deduction cap, percentage deduction cap or reduction of the amount of mortgage interest deduction that can be claimed.

• The capital gains rate remains at 15 percent for individuals earning less than $400,000 per year and couples earning less than $450,000.  Any gains above these amounts will be taxed at 20 percent. The $250,000/$500,000 exclusion for the sale of principle residence remains.

FHA Extends Flipping Waiver Through 2014

Typically, purchasing a Federal Housing Authority (FHA) property involves  a clause that prohibits the buyer to resell the property within the first 90 days of purchase. This preventative measure common among FHA insured mortgaged properties, but is sometimes included on cash contracts as well.

The FHA has waived that rule on some contracts and allowed flipping since January 2010. They hope this allowance will encourage investors to purchase and renovate blighted homes and offer turn-key home options for first time home buyers and others. Ultimately, this strategy will boost sales . Apparently, this strategy seems to be working. Since the FHA first extended the rule, it has been extended three additional times.

Does condo seller have recourse if board rejects buyer?

 

FORT LAUDERDALE, Fla. – Nov. 29, 2012 – Question: I am trying to sell my condominium, and I just found out the association didn’t approve the buyer. Is there anything I can do? – Sara

Answer: Yes. But in most of these instances, the buyer and seller just move on, aggravated.
In your condo, the “Declaration” and other key documents contain the rules under which you and your neighbors must live by. These documents must address whether the board has the power to approve prospective buyers and tenants.

You may find that although the board has been approving buyers for years, it doesn’t actually have the power and is only doing it “because this is the way we have always done things.” If that’s the case, consider having a lawyer write a sternly worded letter to the board. That may be all it takes.

Even if your association has the power to approve the buyer, its decisions must be applied consistently and for good reason. The board can’t deny a buyer for such things as race, religion and ethnicity. If it does, that certainly is grounds for a lawsuit.
Absent something egregious, most sellers decide it’s not worth the time and expense to file suit. It’s just easier to find another buyer. And not many buyers will want to fight the denial because they don’t feel comfortable living in a community that doesn’t want them.
The board may not be required to reveal the reason for denial. But try to find out why – and that will help you in your search for a new buyer.

About the writer: Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He is the chairperson of the Real Estate Section of the Broward County Bar Association and is an adjunct professor for the Nova Southeastern University Paralegal Studies program.

The information and materials in this column are provided for general informational purposes only and are not intended to be legal advice. No attorney-client relationship is formed. Nothing in this column is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction.

Copyright © 2012 Sun Sentinel (Fort Lauderdale, Fla.), Gary M. Singer. Distributed by McClatchy-Tribune News Service.

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Bank of America Does It Again!

With short sales in abundance, it is very difficult to evade them. More and more of my real estate sales are short sales, with bank owned or reo properties taking a close second. There are a number of parties involved in a short sale: the lender, the negotiator, the investor, among others and each person’s role is vital to the success of the short sale.

Considering all of the short sale lenders I have worked with, Bank of America is by far, the best. From my experience, they always close within three months, unlike some of the other lenders. However, I had a recent case that threw me for a loop. In January, my client signed a contract for a two bedroom, two bath villa (short sale by Bank of America). I was confident that this would close within three months. However, three months and two negotiators later, I was drafting an extension, hoping that it will close soon. I was asked to resend a newly signed contract twice and five months into the waiting period, the contract was denied.

Stunned and confused I sent a direct twitter message to @BofA_Help, searching for an explanation. Why is this contract being denied? This doesn’t make any sense? The BofA representative responded the same day asking for further information. She researched the matter and advised me to resubmit all documents all over again and everything should be taken care of. Disheartened and a bit skeptical, I followed the instructions. This was in May. Three months later, we received an approval. My client was elated and so was I. After waiting eight months, my client now has a home.

Real estate agents have very little control on the outcome of a short sale. We always hope for the best, so all parties involved are content, especially our clients. I was happy that my client didn’t have to start the home search process all over again. Her heart was set on this property and mentally, she had already moved in. I am truly happy for the efforts that BofA made to make this sale a reality. There was a mishap in the beginning, however, we finished strong. Thank you Bank of America, you have done it again!

The Real Estate Market Is Alive & Well

There are fewer homeowners that are behind on their mortgage payments. According to CoreLogic, the number fell from 12.1M in 2011 to 11.4M in the first quarter of 2012. The decrease in-turn shows a slow increase in the price of single-family homes, according to a recent housing index. Has the market bottomed out? Some experts believe that the market “bottomed” in January 2012.

What is evident is that there is a change in the culture of the real estate market. The buyer’s confidence has increased. More and more individuals are looking to purchase homes to capitalize on the low interest rates. Investors are also flooding the market to secure a cheap investment property. Some investors look to flip, while others reap the rental benefits until they can sell in a more seller favorable market. Despite the skeptics, the real estate market is alive and well. Regardless of home values, the individuals who understand the benefits of this market are certainly taking advantage. If you are looking for a diligent Realtor, to assist you with your real estate goals, I encourage you to give me a call or send me an email. I look forward to working with you in attaining your real estate dreams.