Representation
Many consumers are unaware that
in many instances, the real estate agent showing them property
is not representing their best interests. In fact, quite the
opposite is true; they are representing the sellers, and are
legally obligated to pass ANY information along to the sellers
which you might provide to them...information which could
dramatically adversely impact your ability to negotiate a good
deal.
In Georgia, agents are required
to disclose up front who they represent. As a buyer, you
should always insist upon your agent representing you, not the
seller. You will likely have to agree to work with this agent
for a prescribed period of time and commit to buy a home
through that agent. This will give the agent the security of
knowing that he or she will be paid for his or her time;
remember, an agent that is representing you will be investing
considerably more time with you than would an agent who simply
shows you homes. Your buyers agent will show you homes but
will also provide you with comparable home sales and other
information which will help you make a wise decision regarding
the offer you should make on the home you have found.
Of course, if you are selling,
you should expect your agent to be loyal to you and work for
your best interest.
Clearly, in selecting a real
estate professional, you should not just look at the sales
numbers that an agent may possess, but you'll want to know if
he or she can be trusted. Like an attorney or CPA, a real
estate agent who represents his or her own interests over your
own is one to be avoided.
There is a third choice
concerning representation. It is called "dual
agency". Dual agency means that the agent you are working
with is "committed" to being neutral, and represents
both sides equally. Although this arrangement is legal, it is
the opinion of this author and many other real estate
professionals that dual agency is unworkable and downright
unethical. You wouldn't want your attorney representing both
you and the party you are negotiating a settlement with to be
in cohorts together. Don't let a real estate professional try
to do the same. You can only play for one team at a time.
All of our contracts provide
for a home inspection. You should always insist on it. Never
waive it unless you are buying a distressed property being
sold "as is"...and even then, do not waive it. You
want to know what you are buying.
In Georgia, home inspectors are
not regulated. Unfortunately, many inspectors do a woefully
inadequate job. What's worse is many of these inspectors are
recommended by unscrupulous agents who do not want their
contract jeopardized.
You should select a home
inspector very carefully. Do not allow your real estate agent
to select one, unless you have (as discussed earlier) a good
relationship based on trust. You want an inspector who is
looking out for you, and if your Realtor is looking out for
you, they will want you to get a good inspector.
If the home you are considering
is listed with a real estate firm, the seller is required to
produce what is called a "Seller's Disclosure." In
this document he or she is required to disclose any known
defects in the home. Be especially wary if you are purchasing
a "For Sale By Owner." These are homes for sale
without Realtors, and they are not subject to the same degree
of disclosure as is a home listed with an agent. It's possible
that the seller did not want to disclose certain defects and
no agent was willing to list the home without making them
known. While it is certainly not the case in each, or even
most, FSBO's, it does happen and you need to know it.
The inspector will look at your
home and tell you what works and what does not. You will then
have the option of requesting repairs or terminating the
agreement. In many instances, the seller will not be willing
to repair small items. In most cases, that will not be a
concern. However, it is not unusual for the inspector to find
major problems that were undetected, such as a leaky roof,
malfunctioning heating/cooling systems, wet basements,
plumbing leaks or dangerous electrical wiring. Armed with a
qualified, professional home inspection I have been able to
successfully negotiateto secure new roofs, new furnaces,
waterproof basement treatments and a host of other items for
my purchasers. Remember, most items will be cosmetic or minor
in nature, and those you should accept. But if you are paying
for a home, you want to be sure it is safe. I once had an
inspection reveal that carbon monoxide was being pumped
throughout the house when the furnace was running. Clearly, a
health item such as this needs to be addressed...and it was.
They got a new furnace from the seller. If your agent
discourages you from a home inspection, you have selected an
agent of dubious integrity...regardless of how many sales he
or she has.
A good agent knows what is
typically replaced or repaired in these situations and what is
not. Again, a good real estate professional can help you
decide which battles are winnable and thus worth fighting, and
which are not.
Financing
Does financing vary from lender
to lender? You bet it does. While it is true that most of the
interest rates will be fairly competitive, closing costs can
vary significantly. A good Realtor knows which lenders in his
or her area has good service coupled with good rates. You may
find a lender with a rock bottom rate, but if the service is
subpar, it is likely that the closing could be delayed due to
a mixup on their part, costing you more money than you saved
in the first place.
You'll also find that while
qualifying for standard government loans is pretty much the
same, different lenders have additional programs from
investors. So, while one lender may not be able to qualify you
for conventional or FHA financing, another lender may be able
to find some financing for you elsewhere. Banks will sometimes
lend money with a balloon payment due after five to seven
years. Other lenders will grant credit to borrowers with less
than stellar credit, though at higher interest rates.
Probably the worst place to
look for a mortgage loan is your local bank. They were
charging upwards of 3 to 3.3% of loan amount. They may be more
competetive now, but you'll have to shop around. Closing costs
are negotiable...your Realtor can help you here, too.
For Sale By
Owner...a good idea?
You might think I'd say
"never" but I'm not. I'm going to say
"rarely" instead. There are instances where a fsbo
might be the best way to go. For example, if you have no
equity and cannot afford to sell at market price AND pay a
commission, you should probably go FSBO. Or, if you have lots
of spare time to take telephone calls, show your home and
advertise, and if you don't have small children or loved ones
who could be at risk in the event an intruder or robber stops
by to have a look, you might consider it. The truth is that
most FSBO's do not sell. One reason is that most people that
are seriously looking for homes use Realtors. Most people that
shop FSBO's are people that are looking for rockbottom
prices...and that's what they usually offer you, the fsbo...rock
bottom prices.
However, when a FSBO sells, its
usually because it is in a subdivision that is highly sought
after. Some people "keep their eyes on" a
neighborhood and drive by it once a month or so to see if
there are any new listings. In that case, a FSBO might sell.
But if its still available after 30 days, you might be wise to
go ahead and list...at the same price. Don't jack the price up
in the amount of the commission. Any sophisticated buyer with
a sharp agent will see through that one.
Still, go ahead and try it if
you like. Some people can do it. But even if you do sell it
yourself, go ahead and spend a few hundred dollars and hire a
realtor as a "consultant" to handle the contract
paperwork for you and lead you through the landmines of
getting from contract to closing. There is much, much more to
it than you realize. Many agents will gladly do this for a
fee, and the money they may save you is worth it.
Finding an
Agent
In selecting an agent, look for
someone who you can trust, who will be honest with you. The
guy with the big numbers may or may not be.
Look for experience. Be sure he
or she knows the real estate business.
Use someone who exudes
professionalism. This may or may not be your friend who is a
Realtor.
Ask others who have used
agents. Who they liked...and why. Who they disliked...and why.
Look for an agent who is
flexible, and who can tell you exactly what he or she will do
to sell your home, whatever that may be. If your home does not
sell, it will prevent disagreements over whether or not the
agent did all they could.
Lastly, look for someone who
knows how to use technology to your advantage. Computers,
cellular phones, pagers, home offices, executive suites all
have combined to allow the real estate community an avenue for
serving your needs better. Be sure your agent understands and
uses this technology.
Fees and
Commissions
Commissions vary from region to
region, depending on the type of services your Realtor is
providing.
You may be able to strike a
deal with your agent if you have a house for sale. I have
listed homes at a discount when my clients are going to buy
another home and utilize my services to do it. Fees are
negotiable, but remember...you get what you pay for. If your
agent agrees to a lower commission, he or she is going to have
to cut a service somewhere in order to make less money and
remain in business.
If you find a home on your own,
go ahead and hire a real estate agent to write the contract
for you. I've done this for a low fee. Its well worth the
price. There are many hoops to jump through, and a well
written contract can protect you and ensure that you are
protected by contingencies. Furthermore, your agent can also
act as an intermediary to advise both parties as to what the
"next step" is. Never conduct a real estate
transaction without the services of a Realtor or Attorney
unless it is your business to do so.
Georgia Real
Estate Contracts
If you are purchasing a new
home, you will likely be asked to sign one of two contracts.
One is written by the Georgia Association of Realtors (GAR),
and the other is authored by attorneys for the Home Builders
Association. As a purchaser, you'll prefer to use the contract
from the Realtors, if possible. It's more friendly to you. If
your builder wants to use the HomeBuilders form, have it
reviewed carefully by an attorney or real estate professional.
Be sure you understand the differences. For example, some
contracts specify that if for any reason you cannot complete
the transaction, you are entitled to a refund of your earnest
money. Other contracts (sometimes not so clearly) state that
the money is non-refundable. You really need to have an agent
representing you when you buy a new home. If the builder you
are considering makes it clear that they do not want you to
have representation, proceed with great caution. Just because
it's in the "boilerplate" contract, doesn't mean
that it has to be there. Clauses can be eliminated or
stricken...but you need a real estate professional to walk you
through that minefield.
Do not rely on contracts
purchased from office supply stores. Laws vary from state to
state, and even one sentence missing can cause you great
distress later. Most realtors purchase the GAR forms and have
them available to you, so if you are working with a Realtor he
or she should have them. Written by attorneys, these forms
cover a wide variety of different and complex situations. A
well written contract is critically important.
Incidentally, most
professionals have these forms incorporated into their
computers.
Serving
the Metro Atlanta area including Cherokee, Cobb, Fulton,
DeKalb, Gwinnett, Forsyth, Dawson Counties, and the
cities/communities including Atlanta, Alpharetta, Sandy
Springs, Dunwoody, Canton, Woodstock, Towne Lake, Forsyth
County, Lake Lanier, Roswell, Peachtree Corners, Lilburn,
Lawrenceville, Snellville, Suwanee, Buford, Norcross,
Windward, North Point, Doraville, Chamblee, Powers Ferry,
Buckhead, Midtown, Johnson Ferry, Decatur, Smyrna, Marietta,
Austell, Dallas, Powder Springs, Mableton, Airport, Ball
Ground, Downtown.
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Last updated on 10 Oct 2008
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