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Way back when I was just out of high school, I was doing a lot of things with my time. Working, dating, competing on the fencing team, gaming of various sorts. But every once in a while, I dropped in on one of those math courses I was registered for at UCSD. One of those courses was Math 110, “Introduction to Partial Differential Equations and Boundary Value Problems” Bozemoi. That was the course that convinced me that I was not, after all, cut out for a career as a mathematician. All the other undergraduate courses, I got a handle on fairly quickly, but the way my mind works made that one course something like having those alleged brains pounded out between two large gold bricks wrapped in lemon.

I eventually got through it. But one thing I took out of that class in no uncertain terms is the form a real solution to those equations took, and the fact that if you were missing terms (“parts of the answer” for those less mathematically inclined), your answer was wrong. Not incomplete. wrong.

One of the standard ideas of internet commerce is “cut out the middleman and their fees.” You can find this in lots of fields. Some of them begin far earlier than the world wide web. “Discount” brokers have been going for decades, for both stocks and real estate. The internet certainly helped them, however. Loan quote services were probably one of the first ten business ideas on the world wide web. On-line this, on-line that. Do business with the faceless on-line corporation with cheaper fees (or none!) and you can’t help but be better off, right? It’s easy to illustrate that difference to just about anyone. There’s money they’re not spending, that anybody can point to as a savings earned by doing business in that fashion. But is that the whole story?

Indeed the whole discount proposition cannot succeed without an implicit or explicit assumption that the value you receive from having paid that fee is zero. But if that were the case, these professions would never have gotten going in the first place. Who wants to pay money you don’t need to? Anybody want to raise your hand? I certainly don’t. The world, humankind, and even our financial markets survived for millennia without stockbrokers, real estate agents, travel agents, or any other sort of business that is now being subjected to disintermediation. Why did these professions come about? It wasn’t because our great grandparents were stupid, uninformed of the alternatives, or had no choice. They could and did buy and sell stock and real estate directly. The reason these professions, and others (such as journalism) arose is because they added value to the entire process. The people who made use of these professions profited by their choice. Not necessarily directly in dollars with every transaction, but statistically, the people who spent that money emerged notably better off in one or more important respects, and therefore, our predecessors made a choice to do so until essentially everyone did so.

There you have it: An explicit refutation of the assumption underlying the entire discounter promise. It neglects an essential term in the answer as to whether you end up better off. Was the money you didn’t spend really the whole answer? What if by spending that money, you end up better off?

Suppose you save three percent by not having a real estate agent sell your property. Seems like a great idea on the surface, doesn’t it? On a half million dollar property, $15,000 in your pocket for what you think is a few hours of work. I’ll even start by granting you the same ability to market that an agent has, which isn’t the case for the vast majority. But what happens if the price you pick isn’t right for your market? I’ve gone over that. What happens if you don’t disclose everything you need to? Then let’s consider negotiations. Trying to match wits against a buyer’s agent whose been in everything that sold in your neighborhood in the last six months is a guaranteed lose. Do you know what’s appropriate for contingent sales? What about negotiating repairs disclosed by inspection? These and many other things need to be negotiated, and just telling the other side to do it your way will result in a failed transaction. Do you know how to find out if a buyer is qualified? The two months you spend waiting to find out that your prospective buyer can’t qualify costs you roughly six thousand dollars all by itself. I could go on and on.

The same applies on the buyer’s side. In the current environment, any decent buyer’s agent who tries can make at least a ten percent difference by suggesting the correct property, negotiating to their strengths, and using the seller’s weaknesses against them. Usually it’s more than that. My average was running about twenty percent when I originally wrote this. Even when the market turned crazy for about nine months it stayed about 10% – when everyone else was having appraisal problems due to Home Valuation Code of Conduct, I didn’t have a single property that failed to appraise for value. Sound like a good bargain to you? Spend ten to twenty percent to save three? If so, come on into my office, and I’ll give you $30 for $100 until you’re broke.

The intelligent question is: Does spending that money save you more than it costs? Most people will spend $10 to save $100. That’s rational. Most people will spend $90 to save $100. That’s still rational. Some people will spend more than a hundred dollars to save $100, though, and that’s not rational. Not spending the $10 or even $90 to save $100 isn’t rational either. Nor are all of the costs in money. How do you quantify not making a mistake that most people don’t know is there until and unless it bites them, after the purchase?

That’s really the whole question, isn’t it? Furthermore, it has to be answered individually, because few situations really subject themselves to this kind of analysis Admittedly, with the internet, it’s gotten easier for consumers and more difficult for members of those professions. But the internet can only help you with questions you actually think to ask, and you still have to do the work to make certain you debunk wrong answers to find out where the truth really lies. It’s not going to tell you any of dozens of reasons why this freshly remodeled home of your dreams is going to turn into a nightmare.

When I originally wrote this, I was closing on a property right now where the folks contacted me with information from a popular discount model brokerage in their hand, and those were the first properties they wanted me to look at (which I did). The difference in value they are receiving for their money is such that they never went back to that discounter, because I went out and looked at properties, I gave them reasons why this property was or was not one that they were going to be happy in, I gave them reasons why this property was a Vampire while that property was not. I explained to them how the surrounding environment was going to impact them in the property. I showed them what needed to be fixed, and gave them an idea what was involved. When I found an especially good value for their money, I got them out there and told them to act fast if they wanted it – if I hadn’t, it would have been gone by the weekend. I’m not going to talk about why, but I can truthfully say that I wrote an offer that the seller chose to accept even though it wasn’t the highest offer they had, and the difference was a lot more than my company’s three percent commission. If those kinds of services aren’t worth money to you, then you’re not a good candidate for my services anyway. But all that discounter had to offer was how cheap they were, while I gave my clients more value than they would have saved before they put the offer that was accepted in, and they knew it. Once the clients started thinking in terms of what they were receiving by giving up that discounter’s commission rebate, the discounter never had a chance. By CMA of all comparable properties in the area at that time, my buyers saved over thirty percent, and that’s just by square footage – not including all of the amenities the property had that the competing ones don’t.

I’m not going to pretend this one isn’t an above average bargain, even for me. I’m not going to pretend that every full service agent can make that kind of difference on every transaction, because I know it isn’t true. The best agent in the world strikes out occasionally – in which case you are still no worse off than without them. But making more of a difference to the client than the three percent a full service agent makes around here is an awfully easy mark to beat for the agent who tries.

Caveat Emptor

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Here was an idea I had: Pack a list of the most important things consumers need to know about buying real estate, as packed into the words I can say in sixty seconds without sounding like an over-clocked squirrel. Here goes:

Figure out what you can really afford before you do anything else. Shop by purchase price, not payment, and refuse to look at properties which cannot believably be obtained within your budget.

Listing agents are contractually and legally obligated to sell the property as quickly as possible for the highest possible price. They represent sellers, not buyers. If the listing agent can sell you the property for $100,000 above comparable market price, they have done nothing except their job. Never allow the listing agent to represent you as a buyer.

Buyer’s Agents represent buyers, not sellers, and having a good buyer’s agent will make more difference than anything else to get you a better property value for less money. Get at least one buyer’s agent before you start looking. Sign only non-exclusive buyer’s agency contracts, insist they cover bad points as well as good on every property, and fire any agent that won’t, or any agent that shows you a property that cannot be obtained within your budget.

There is no such thing as a perfect property, or the perfect time to buy real estate. Properties in immaculate condition command premium prices because the owners can get more money. If you want a bargain, be prepared to do some cosmetic work. A good buyer’s agent will help you know what’s cheap and easy to fix, versus what’s difficult and expensive.

How was that?

Caveat Emptor

P.S.: This guy is one of the best buyer’s agents there is

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One of the things that sticks out about buyer’s markets is that there are two sorts of listings: Those who are willing to do whatever it takes, anything it takes, to get the property sold, and the other who apparently just likes having the property in MLS.

Many listing agents have made a habit of telling people that they can get more for the property than the next person over. Well, some can. But there really is no secret as to how they do it. They have the discussion to price the property correctly in the first place, and if the listing price isn’t appropriate, they will not take the listing. I don’t list many, but if someone is insistent upon a listing price that is too high for the market, I am better off not being part of that listing. Even if it does sell after two major price reductions for less than I likely would have gotten straight off, that client is going to be angry, not happy, and tell everyone it’s my fault.

Indeed, if there ever is a market where listing agents can reliably get more than the value of the property, something I am pretty sure doesn’t exist, the buyer’s market is the furthest thing from it. What a good listing agent can get you is the full value of the property, but that’s a very different value, and a very different mindset, in a buyer’s market than it is in the seller’s market San Diego had for most of the last decade.

Now, you need to ask yourself, “Why is this a buyer’s market?” The answer is as simple as supply and demand. High supply and Low demand. Many people who want to sell, not very many at all who want to buy. Result: Those few buyers who are willing to be out there have all of the power. If this particular seller won’t take the offer they make, the next one over, or the one after that, will.

Most sellers would agree that this is a challenge. Buyers think it’s great. When I originally wrote this, sellers outnumbered buyers 44 to one. It’s a real challenge to have a successful sale in such an environment.

What’s a seller to do about this? Quite simply, ask yourself if you have to sell or if you have other options. If you have to sell, make up your mind that you are going to do whatever is required to make a transaction happen. This can be a lot: cleaning your house up, making it attractive, pricing it better than the competition, and not kidding yourself. The offer you are going to get still won’t be anything like what you might have gotten when the market was hot, but that was when the ratio of sellers to buyers was about three to one, often less. You will be much more likely to get an offer, and remember, you decided that you need to sell.

Lest you think you aren’t competing with other sellers, go find a real expert in your area to help you right now. In the entire history of United States real estate, no buyer ever bought a property because it was that seller’s “turn.” You are always competing against other sellers, but a buyer’s market makes it far more obvious. Buyers make offers on your property because something is attractive to them where other properties are not. This can be features, this can be location, this can be willingness to do what other sellers are not, or this can be price. Usually it’s a mixture. In the sort of market like when I originally wrote this – remember that 44 to 1 ratio of sellers to buyers – it’s likely to be all four in great heaping gobs.

If you don’t need to sell in a buyer’s market, get it off the market! If you are not going to accept a much lower price than it might have gotten when the market was hot, you are wasting your time. Those few buyers who are willing to get off the sidelines are bottom feeding and bargain hunting. If you have a better choice than feeding the bargain hunting and bottom feeding buyers, take it. If your property sits on the market, then when the market does turn back, the fact it sat on the market is going to count heavily against you. The agents in the area know that it sat, believe me. I was in a half day class the day I originally wrote with several hundred other agents. Everybody I talked to agreed that the only transactions that were happening in that market were all happening completely on the buyer’s terms. If you are not willing to meet those terms, you are not merely wasting your time, but actually sabotaging your future prospects of selling for a price that you would like.

If you are not willing to do what it takes to sell, get it off the market. Not only are you sabotaging your own future plans, you are adding to all of the excess inventory that’s out there as a glut on the market. Indeed, for every additional property for sale in the neighborhood, people who are willing to do what it takes to sell the property are going to have to do a little bit more. Most often, this means “settle for a lower price than they might have gotten otherwise.” Just the fact that there are 238 three bedroom houses listed in the same zip code gives buyers substantially more leverage than if there were fifty, or twenty. This drops the market that you are hoping you can use to sell the property two or five years from now, and gives it further to come back, which means that the pricing level will be lower when you go to sell your property for real. Individually, extra properties on the market may not make much of a difference, but collectively, they certainly do.

If you do need to sell in a buyer’s market, get all traces of the “they’ll do what I want” mindset out of your head. This isn’t about pride, this isn’t about profit, this isn’t even about breaking even. This is about getting out with the least practical amount of damage. We have established that if you do not need to sell, you shouldn’t have your property on the market in this environment. But you do need to sell, which makes the alternative of taking less than you think the property might be worth better than the alternative of losing it completely. And make no mistake, for as long as buyer’s markets last, that is the attitude I (or any good buyer’s agent) am cultivating in my buyer clients. If you won’t sell, I’ll talk to your lender after the foreclosure – if someone else has not already sold to me by then. When I wrote this, in San Diego, the only power sellers really had was the power to say, “no,” and if your alternative is losing the property to foreclosure, a rational, informed person will pay thousands of dollars out of their own pocket instead, accepting offers way below what they owe on the property. And if that or something similar is not your alternative, then why is your property on the market at all? Why are you contributing to the apparent glut of supply to no good purpose?

(The market is much better now. Properties where all the ducks are in a row from day one – price, condition, staging etcetera – are not merely selling, they are seeing heavy action and multiple offers. Last summer things got really ridiculous again for a while, but that has largely gone away now and we’re back in a more balanced market again)

Caveat Emptor

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