Category Archives: Seller Tips

Tips on Getting Top Dollar for the Property You’re Selling

What You Should Always Do as a Real Estate Agent

After reading my previous post on What You Should Never Do as a Real Estate Agent, it’s time for the flipside – what you should always do!

When I started out I never had a written step-by-step action plan of what to do as an agent. You study for your test, you get certified as a Realtor, you get your license and then get shoved out the door with a “Go Get ‘Em Tiger!” Meanwhile, you’re looking out at other agents getting massive success as an agent and you think, “Why are they successful and I’m here with absolutely no clue what I’m doing?”

It’s an interesting question – why are some real estate agents successful and some can’t even get an appointment with a client? It comes down to two things: knowledge and action. Knowledge of what to do in every situation. Knowledge of the laws you must follow. Knowledge of what to say to clients. Knowledge of negotiation tactics.

Perhaps even more important that knowledge is action. After all, knowledge isn’t really power; knowledge is only potential power.  The actual definition of power is the ability or capacity to perform or act effectively. So if you want the power of knowledge, you have to put what you’ve learned into action!

By giving you this list of what to do (and my previous list of what not to do) this is going to give a solid base of good practices for a real estate agent, especially for rookie agents out there lost. Of course, there’s way more to learn – from getting real estate leads, to closing a client, to getting referrals, to advertising yourself and your listings, to getting yourself a real estate team, including real estate assistants, buyers agents, and listing agents on your team.

When Showing a Home

image

Always return any appointment phone calls promptly.

Always become acquainted with the property before you show it.

Always be prompt and arrive on time to showing appointments.

Always call the other party if you will be delayed or if the appointment will be canceled.

Always follow any instructions given to you by the seller when showing your listing and making appointments.

Always qualify the buyer before showing the home.

Always use the sidewalk.

Always wait outside if another agent is showing the property when you arrive.

Always report any odd odors, broken windows, broken locks, etc to the listing office.

Always inform the other agent if there is any inaccurate information on the listing.

Always leave your business card.

Always close all drapes and/or blinds which were closed on your arrival.

Always turn off all lights not on at your arrival.

Always lock all exterior doors before leaving.

When Dealing With Contracts

contract

Always present all offers you’ve received to the sellers in that same order you’ve received them.

Always invite the selling agent to be present when presenting the offer to the sellers.

Always encourage the sellers to put any counter or rejection offers in writing.

Always specify in writing exactly what will stay with the property.

Always prepare qualifying information for the listing agent.

Always verify that the buyer has applied for the loan.

Always keep track of the time for a loan commitment and extend the loan commitment date before the time runs out and the contract is void.

Always notify the listing agent once the loan has been approved.

Always remember that the listing agent presents the offer.

Always allow privacy for the listing agent and the seller to discuss the terms of the offer.

Always use the most current version of the contract and fill out all required fields.

Always include all license numbers on the contract.

Always provide enough copies of the contract for all parties.

Always leave a copy of the contract and forms with the buyers and sellers when signatures or initials are obtained.

Always have any changes to the offer initialed by the parties.

Always provide copies of the final contract once all signatures are obtained and contract has been finalized.

When Courtesy Counts

s_handshake1

Always call other real estate agents during normal business hours if possible.

Always respect other real estate agent’s family time in the mornings and evenings.

Always  identify yourself immediately as a real estate agent and/or Realtor when calling an agent or when scheduling showing appointments.

Always leave a clear message with the information you desire on an agent’s voicemail so the agent can return your call with the required information ready.

Always sound out your phone number slowly on the voicemail, repeating your name and phone number twice.

Always respond promptly to all inquiries.

Always give out explicit directions with the street name and number.

Always fill out the MLS listing form with every detail possible.

Always have access to the listing property with key and showing instructions.

Always return keys to the listing office on a prompt basis if you’ve borrowed them.

Always contact the agent or broker if there is a conflict on procuring cause or selling commission.

What You Should Never Do as a Real Estate Agent

It’s hard for young and beginning real estate agents just starting their careers. You have all these rules, regulations, laws, and bylaws. You’re expected to know these laws back and front. On top of this, you’re expected to be an expert on the local real estate market (by knowing prices of recently sold properties in the general) and an understanding of national real estate trends. If that wasn’t enough, you have to be a master in contract negotiation, knowing the details of contract terms and price points. Phew – that’s a lot of stuff you gotta know!

Yet a lot of people jump into the real estate agent career field without really thinking about all these things! Guess what – I did the same thing when I started! But, over time, I’ve really immersed myself in learning- every single day – more and more about real estate. I’ve learned about the South Florida real estate market, including networking with Miami real estate agents, brokers, and realties. I’ve dug my eyes into massive amounts of real estate books, from books on real estate investing to books on being a better realtor.

So, for those entering the real estate agent game, I’m giving you my run-down of the most important things you should not ever do as an agent. When I say never, I mean never. These are things that are unfortunately sometimes common in the industry by real estate rookies but it’s up to the real estate veterans out there to help each other out – if you see another agent committing some sort of violation point it out to them immediately! If you know of an agent just starting his or her real estate career, send them a link to this article so they can read on what not to do.

If you’re a consumer, there’s some great tips in here for you too – common courtesy is universal! If you’ve hired a real estate agent to represent you then you’re going to want to read this so you know if your agent is on the up-and-up or is misrepresenting you in some way. Remember that anyone practicing real estate must be licensed!

This being said, enjoy my compilation of top things you should never do as a real estate agent – the biggest no-no’s and major mistakes. I’m also in the process of compiling the top things a real estate agent should always do – that’s coming up next!

When Following the Law

Yes, real estate brokers and realtors have to know real estate law.

  • Never place For Sale, For Rent, or Open House signs on the street right-of-way.
  • Never put up a sign without putting your realty’s company name on there.
  • Never do false advertising.
  • Never practice real estate without a license – it’s a felony.

When Showing a Home

Anyone got a listing on Graceland? Here's a pic of the living room.

  • Never discuss the price when in front of the seller.
  • Never speak negatively about the property and criticize it while in the vicinity of the current occupant.
  • Never forget to call and/or cancel your appointment if you know you’re going to be late or can’t make the appointment.
  • Never speak about the terms of the contract with the seller at the initial showing.
  • Never permit young children to wander around the property unattended.
  • Never move around and rearrange the furniture without returning it to the original condition.
  • Never smoke nor allow anyone else to smoke in the property.
  • Never leave any doors or windows unlocked and/or open.
  • Never leave your trash and junk in the property.
  • Never attempt to contact the seller unless you’e been authorized to do so.

When Dealing with Contracts

Put the pen to paper and get that real estate contract signed! But do it right!

  • Never tell another real estate agent or realtor that the property in question is “under contract” unless all of the signatures of the necessary parties have been recorded.
  • Never change the contract yourself without approval.
  • Never hold on showing an offer to purchase to your client because you’re waiting for a better offer.
  • Never hold on showing an offer to purchase because it’s more convenient for you to wait until later.
  • Never pursue asking for the amount when a real estate agent calls with an offer on the property.
  • Never tell another real estate agent outside of the agents involved of any details of an offer to purchase before closing.

When Courtesy Counts

Common courtesy counts in real estate transactions between agents and clients.

  • Never say that you have an offer to purchase unless you have that offer in writing.
  • Never forget to contact the seller to make an appointment for another real estate agent if showing is through the listing agent.
  • Never mention any type of conflict between brokers and agents to buyers and sellers.
  • Never interrupt another real estate agent when that agent is showing the property.
  • Never offer the property at a price or terms that the seller has not outlined for you in writing.
  • Never contact or communicate with the client of a co-broker unless authorized.
  • Never speak negatively about the business practices of another real estate agent or real estate firm.
  • Never provide any comments or opinions about another real estate agent’s transactions or listings.
  • Never let the lock box key out of your possession.
  • Never solicit a future listing on a listing that’s currently listed, no matter the relationship you may have with the parties, even if they’re close friends or relatives.

Foreclosure Countdown: The Foreclosure Process Step-By-Step

Foreclosure is, unfortunately, a major part of the current real estate experience. It is happening at an alarming rate – more than 405,000 households were foreclosed upon in 2007, up 51% from the amount repossessed in 2006.

I just received an email from one of my readers named Rik who’s asking about foreclosure home auctions and the foreclosure timeline – let’s read:

Hi Michael,

Once your home is sold at a Public Auction by the bank, how long do you have to vacate the property?

Rik

Every state in the United States has their own guidelines, timeframes, and mandates. It usually takes around 2-3 months for your home to get repossessed – however, if you take certain legal action to postpone the proceedings it may take even longer.

Bank Owned Foreclosure For Sale | HUD + VA + Bank of America

Step One: Notice of Default

First step in the foreclosure process is the notice of default. This is a notification that will be sent to you stating that you haven’t made your payments by the deadline. It’ll say that if the money you owe isn’t paid by the time they give you, the lender may foreclose on your home. Others that may be affected may also be getting a copy of this notice as well.

Step Two: The Lis Pendens

Now the heavy duty foreclosure action starts happening. The lis pendens, which is Latin for “suit pending” and often abbreviated as lis pend, represents the first real legal action against you by the lending bank. It is a written notice that the lender has filed a lawsuit against you on your house and demands payment of your loan immediately. If you wanted to sell your home before foreclosure, it is best for you to do this before the lis pendens, because now a potential purchaser can see that this has been filed against you in the public records, making your property less desirable to potential buyers. The reason for the lower desirability is that if someone buys your home after the lis pendens has been served, they are now subject to the decision of the lawsuit. It also makes you much less likely to be able to borrow money secured by the property (for example if you wanted to borrow money to pay legal costs) as lenders will be wary of your lis pendens property.

Step Three: Answer

At this point, you have 20 days to file an answer with the court. My recommendation? Get yourself a reputable attorney in your area with experience to do this for you. There’s a great legal community over at the international law forums that may also give you solid advice. The general idea of what will happen in this step if you need more time is that you will contact the other attorney, let them know you are retaining counsel, and that you ask for a short extension of time to respond to the complaint. Follow this up in writing as you need written proof.

You must answer this complaint filed against you within the allotted time frame given to you (usually 20 days). Otherwise, a default judgment will be given against you which can mean major future financial hardships. Your lawyer will then write them a letter either admitting, denying, or stating you don’t have the sufficient information to answer a section of the complaint. Many times, contacting the lender’s attorney and telling them, “We Deny the Complaint” may buy you some time.

Step Four: The Hearing

Foreclosure Judge | Legal Services You Should Know About

This is where you and your lawyer will present your case and the presiding judge will decide the next step. If there is a valid answer as to why you haven’t made your payments on time, the judge may decide the lender must give you reasonable time to make your payment. Otherwise, the foreclosure moves forward, with the mortgage lender’s legal counsel filing a motion for a Summary Judgment Hearing.

The scheduling of the hearing is often delayed, giving you previous time to get your affairs in order – possibly giving you enough time to execute a short sale (which is when your lender agrees to letting you sell the mortgaged property for less than the outstanding balance of the loan).

Step Five: The Summary Judgment Hearing

This usually happens 45 days from the start of the foreclosure process. The mortage loan lender’s attorney will present the case and you or your attorney can give testimony. Usually, the judge will rule against you and you will be found in default of the mortgage. You will receive a Summary Final Judgment that shows exactly how much you owe the lender, including the loan principal, loan interest, and legal fees.

Step Six: Foreclosure Auction

The judge will know set a sale date for the foreclosure auction of your home, which is often 30-45 days after the Summary Judgment Hearing. Your property will now be sold at the county courthouse steps to any interested real estate investors or homeowners. At this point, you cannot redeem your property – the sale is final. You now have absolutely no chance to save your home and pay off your mortgage. Once the sale occurs, the court will review the sale during the next 10 days to make sure everything has been followed correctly procedurally. Once the auctioned property is certified, the Certificate of Sale is now filed and the title to your home is given to the new homeowner. If no one bids on your property, it then goes back to the ownership of the lender as a REO (Real Estate Owned by the plaintiff).

Step Seven: Sheriff

Sheriff Office & Avoid Jail | How to Stop Government Foreclosure

This is usually 14-30 days from the date of the sale of your home at auction – you will be notified how much time you have to leave your home. At this point, if you still haven’t vacated the premises, the new property owners will have already started the eviction process and the sheriff will arrive at your doorstop and will force you to take you and your possessions outside. You are now not legally able to enter your home – you will be charged with trespassing.