disclosure (3)

Although sellers seem to have the advantage in the current market, this does not mean that sellers can simply put their home up for sale and wait for offers.  There is still some work to be done in order to get a buyer to pay the right asking price.  In fact, a lot of sellers are not aware of costly mistakes that are made that turn away buyers.

Mistake #1: Condition does not meet Home’s Price

Comparative Market AnalysisNobody likes to pay more for a product than they have to.  When a home is priced above its condition then most potential buyers are immediately turned off.  If your home is priced at the upper end of your area’s price range then the home should be ready to move in, right now.  If a potential buyer has to replace a window pane, steam clean the carpet or any other minor repair then the price of the home needs to be reduced or you can keep the price as is and make the necessary improvement.

Mistake #2: Limiting the Buyer’s Ability to Inspect the Home

There is no doubt that trying to hold down a full time job, take care of social and personal responsibilities while keeping a home sparkly clean can be nerve racking.  However, most real estate agents will agree that people who don’t make their home readily available to a potential buyer often lose a chance for a sale.  It is important that you are easy to reach during normal hours so that your agent can contact you and schedule a showing.

Mistake #3: Getting Too Attached to Memories

People that have lived in a home for 10+ years have built up some memories in that place.  A first marriage, a first child or a college graduation can all carry some cherished memories that we associate with a particular room or the whole house.  Some sellers will ask full price for their home simply because they are so connected to the property in an emotional way.  It is important for sellers to communicate with their agent and develop a reasonable price for the home and come to the realization that they will soon part with that special walkway or bedroom.

Mistake #4: Failing to Disclose any Problem

If a deal fails to close the blame can sometimes be laid on the seller.  Almost every home has some type of flaw that needs to be repaired or replaced.  Some of these flaws are minor and can be negotiated in a contract before purchase.  But certain items, like a roof that leaks or an electrical system that operates sporadically, can cause not only monetary damage but also physical harm.  It is vital that a seller walk through their home and inspect every room and every feature.  Being up front and honest about potential problems will make it easier on you and your agent to sell the home.

Take some time to go through the home and fix the things that are within your budget and ability.  When you are through, talk to your real estate agent and ask them to go through the house with you and come up with a firm asking price.  This will make the whole process much simpler for you.

Read more…

I sell a lot of of Probate and Trust sales. They are not quite like a traditional sale, but not as unlike a traditional sale as a Short Sale or Foreclosure. One of the differences are disclosure obligations. In California one of the diclosure requirements that causes the most confusion is what happens about the Natural Hazard Disclosure Report and statement. It is simple:

As per the Trust Advisory or Probate Advisory that needs to be signed in each of these transaction the Trustee in the case of a Trust, or the Personal Representative in the case of a Probate, is required to provide a Natural Hazard Disclosure report, but is not to sign the report.

The most common request I have with these sales is for the Trustee's signature on the Natural Hazard Report. It is not an oversight that it was not signed, it was on purpose.

If you have any questions about trust or propabate sales in Santa Clara or San Mateo Counties, please feel free to ask me.

Read more…
It has recently come to my attention that a friend of mine in another state is being sued by a Seller he represented in a Short Sale transaction because he didn’t disclose the fact that the homeowner was selling short in a recourse state and could potentially be sued herself for a deficiency judgment. Needless to say, the seller was issued a deficiency judgment by the court in the amount of $48,000.00. The seller ended up filing bankruptcy to rid themselves of the judgment but, bankruptcy was something they were wanting to avoid all together, hence the short sale. The seller’s argument is that the agent did not explain the process and potential risk therefore he was incompetent to practice such a highly specialized real estate transaction and should have never engaged the short sale. The seller also argued that none of the documentation the agent submitted to the bank protected the seller from any future deficiency judgment and proper due diligence was never done. The case isn’t resolved at this time however, I would like everyone to chime in and give their thoughts. As soon as I learn more about where this went, I will tell ya.
Read more…