Contingencies, Love 'em or Hate 'em

All you sweet Beach show followers know that ALL of my articles come from Real life problems or challenges that happen during my week; I conduct a therapy session by bringing them before you. So thanks for listening. So many things have already come up this week with 2 short sales buyer back outs after 5 months, one going into foreclosure and lending and appraisal issues. . . where do we start? Although all that needs some reflection I had another issue that came up this week and I think many people are not aware of how some of the contingency issues work in Florida. So lets talk a little about common Purchase Contract Contingencies that a buyer may utilize.

I have a sell going on and we are waiting on an appraisal and holding our breaths to make sure it flies and the question was. . . What if it does not appraise? Does the buyer have to buy it? For the most part the answer is NO. Unless the buyer states that the offer is cash and does not put an appraisal contingency in the contract, then failure of property to appraise is an acceptable back out of a contract. The bank will require an appraisal by a third party that has no interest in the sale to determine the property value. There was a time in the distant past that a buyer would just come to the table with some extra cash to buy that dream hacienda. Not saying that NEVER happens but do not count on it. Many cash offers today include an appraisal clause in the contract.

Another common contingency is the inspection period which varies from state to state and can be explicitly stated in the contract. If the sale is an AS IS with right to inspect then the buyer can get an inspection and at his sole discretion get out of the contract if he does not like the findings of the inspection. If a buyer has a regular contact such as FAR 9 then the seller is required to fix any warranted or safety items. The seller and the buyer will discuss and come to terms with how that is handled. But for clarification sake it is the duty of the seller to have those items fixed by a licensed professional and may be required to have a re-inspection before close.

Federal law also gives a buyer 10 days to inspect for lead paint. Don’t run for the hills this will only apply to older homes but again ask your trusted Realtor. We will talk about Chinese Dry Wall another time!!!

Lender approval is another facet of contingencies embedded in the contract unless waved, and even though a customer has a pre-approval letter that does not mean that he has the loan locked in. Any number of things can happen and sometimes do so if a buyer can not attain a loan he has a suitable back out of a contract. A perfect example as happened in one of my deals today was a buyer who lost their job before the property went to close. She now no longer qualifies for her loan so was able to legitimately get out of her contract and have her earnest money returned.

I have heard in the past contingencies called weasel clauses because they allowed a person to weasel out of a contract. That does sound kind of slimy but the fact is contingencies are a necessary part of the Real Estate transaction, and your Realtor can explain all of these to you. Remember I am not a lawyer and I do not even play one on TV so this is meant to be a basic intro to contingencies as they relate to a typical sale in Florida. Thanks for being my therapist one more time.

4 Reasons Why Listing Your Home with a Realtor Works

I love my job and I think that is in part because of all the great people I get to work with. Active working Realtors are some of the hardest working most energetic people I have ever met. They love to share their knowledge of Real Estate with their customers and thankfully with each other. I enjoy working with my other Realtor buddies and so respect what they do so I wanted you to know what your Realtor can do for you.

Many people try to sell their homes themselves and that is certainly an option that all of us have, however when doing so you miss a valuable selling tool. According to the National Association of Realtors more than half of all home sales involve a listing agent and a buyers agent. The majority of those sales are made possible because of the all powerful MLS system that is blasted out to countless Realtors and people and reaches many web sites and locations across the United States. To add to that, many Realtors are a part of advertising campaigns through magazines and sites such and Homes and Land further putting your listing in front of even more people. Statistics show that nine out of 10 people use a real estate agent in their search for a home and adding to that, internet has risen as a mega tool from only 2% of buyers in 1995 to 79% in 2006 so you can imagine what the stats say now.

The MLS system is great but would be lacking without all the buzz that Realtors create when we are out and about sharing with each other. Realtors are really my best customers. One of my favorite sales happened when I was NOT WORKING. I went to Carrabbas and saw one of my favorite Realtors (you know who you are) waiting tables and I just happened to mention that I had a great listing with exceptional rental dollars generated. Ward had just the right buyer in mind!!! Needless to say that was an unexpected treat but that happens all the time. Listing with a Realtor is like the gift that keeps on giving. When you employ a Realtor to market your property you can get a lot of bang for your buck.

One of the most pertinent tangible things that your Realtor will do when listing your home is to give you up-to-date information on what is happening in your market and the price, financing and condition of competing homes. You need this information so you can sell your house at the best price and as quickly as possible. Your Realtor has vast knowledge of market values in your community and that is vital today in selling your home. Remember it does not matter what something is listed for what matters is what it is selling for.

Advertising your property is more than throwing a sign up and your Realtor will know how and where to advertise your property. There a is a misconception that you just have to advertise and that sells the Real Estate. The National Association of Realtors indicate that 82% of real estate sales are the result of agent contacts through previous clients, referrals, friends, family and personal contacts.

Your Realtor has spent years of training and learning how to market and sell what may be your biggest investment ever. There is so much more to Real Estate than making a sale; there are procedures for closing the deal that your Realtor will know how to guide you through. Zig Ziglar always said you have to close the deal to be a salesman, so with that in mind call your favorite Realtor and close that deal. Thanks to all my sweet Realtor friends out there for all your knowledge and guidance. . . you really are some of the best customers ever. And again, you know who you are!

4 Questions (and answers!) About the Homebuyer's Tax Credit

Somethings in Real Estate can wait but getting a move on with the HOMEBUYERS TAX CREDIT cannot wait. So, this is a timely message for all of you home buyers that have been doing my favorite exercise. . . Procrastination. I have addressed this before but thought since time is running out for this great savings, I should bring it to the forefront again. As I always do I am going to answer some ACTUAL real life questions that people have brought to my attention and have consulted other legal resources for my answers. (Federaltaxpayerscredit.com)

Q. What if you have already owned a home or you are married and your spouse has already owned a home, can you qualify?

A. This is a big misconception that people have when you talk about the First time homebuyer credit because YOU CAN qualify even if you have already owned a home per the “Economic Recovery act” definition is as follows:

“The law defines “first-time home buyer” as a buyer who has not owned a principal residence during the three-year period prior to the purchase. For married taxpayers, the law tests the homeownership history of both the home buyer and his/her spouse.”

For example, if you have not owned a home in the past three years but your spouse has owned a principal residence, neither you nor your spouse qualifies for the first-time home buyer tax credit. However, unmarried joint purchasers may allocate the credit amount to any buyer who qualifies as a first-time buyer, such as may occur if a parent jointly purchases a home with a son or daughter.

Q. What if you already have a partnership in a vacation home can you still qualify?

A. Ownership of a vacation home or rental property not used as a principal residence does not disqualify a buyer as a first-time home buyer. This is a big question I have gotten from many people and the answer was quite surprising to me as well. What a great surprise!!!!

Q. How is this home buyer tax credit different from the tax credit that Congress enacted in July of 2008?

A. The most significant difference is that this tax credit does not have to be repaid. Because it had to be repaid, the previous “credit” was essentially an interest-free loan. This tax incentive is a true tax credit. However, home buyers must use the residence as a principal residence for at least three years or face recapture of the tax credit amount. Certain exceptions apply.

Q. How about short sales at this stage of the game? Should I buy a short sale or a foreclosure?

A. Now that could be a whole other article. Let me preface this by saying. . . “don’t shoot the messenger!” All short sales are not inherently bad, but I would at this point ask your Realtor if it is possible to close in time. It may be a risky venture for a home buyer and they should know the time frame going in. Most foreclosures are not complicated and can close in a timely fashion so they should be just fine. Again seek the consult of your trusted Realtor and lender, and they can help you with this on a case by case basis.

A big thing to remember that makes this so wonderful is that this is NOT a deduction, it is a CREDIT meaning that you actually get the check up to $8,000 if you qualify. You may use the money as you see fit. You may want to pay yourself back for the down payment or closing cost or you may purchase a home that needs a little face lift. You DO NOT have to justify your expenses it is your money to spend. Another huge bonus is that in addition to this money you also will be able to take a tax deduction for interest payments.

So now that you know and you have just enough information to get excited, give us a call and we will send you a Reference guide to the “Economic Recovery Act of 2009” You can also call your lender and he will help walk you through this process but you only have until November 30 to close so. . . on your marks – get set – GOOOOOO.

Do You Qualify for a Short Sale?

Okay gang, I know, I know, enough already. . . I have been talking and writing and breathing short sales but this has got to be said. With the number of people jumping on the short sale band wagon many are called but few are chosen, and you have to make sure you are actually qualified we need to set the record straight. Yes property is devalued and yes you are way upside down but are you really a candidate for a short sale?

The biggest point to drive home is that you must have a true hardship to qualify. The bank loaned you the money and if you have assets and you have the economic ability to pay back the loan then you are more than likely not going be accepted for a short sale. It is a very timely process with many people investing time and energy to make it happen so it is important to assure that it is a viable option for you. I think it is a great idea to check with a lawyer an an accountant and discuss your situation. Make sure that you are honest with your Realtor because she really can not help you to the best of her ability without honest, accurate information.

Before you even think that you may want to do a short sale make sure you are prepared to be forthcoming and honest about all of your income and dept. You will need to provide a few years taxes, bank statements, and any other source of income that is available to you. More than likely if you have gotten to this stage there is a real tangible reason for your inability to pay your dept. It is vital that when you write your hardship letter is written by you and not an attorney or other party. MOST important, however, is that these items must be submitted before a SHORT SALE contract can even be looked at as a SHORT SALE possibility. So be working on these things as soon as your Realtor takes your listing.

Many people call me and ask me, “Is that a pre-approved short sale?” Now that is a hard one to swallow because there really is no such thing because a short sale can NOT happen unless the bank and the seller agree to the final terms. In other words, per the addendum the seller needs to be satisfied with the settlement that the lender is proposing for the deal to work. It is really a great big jig-saw puzzle with many pieces that have to fit together so really, until it is over – it is just not over.

I hope that this does not come across as a mean spirited article, that is certainly not the intent. I just want to clear up some misinformation that I hear floating around and I am sure that you have heard it too. Thankfully most of our short sales are working but the fact is, they do not all fly, so the best assurance is to lay it all out on the table, take a deep breath, be patient, be really really sweet to your Realtor and she will be really sweet and patient with the lender and hopefully. . .

Sorry if I am beating a dead horse but it keeps coming back to life.