What are agents thinking?

These comments were recently posted in a Q and A question on Trulia;

"I am working with an agent who showed me a house, I was a bit concerned about the cracks on the side of the exterior wall, my agent suggested I find someone to check it out before submitting an offer, if not I would have to get an inspector to look at it. She went ahead and scheduled the inspector. My dad ended up looking at it and stated it was merely the stucco. After I told her to cancel the inspector, she laughted and stated I needed the inspection anyways. Based on her guidance, I had the inspection done. My offer was not accepted, I feel as though I should not be stuck with the bill? Who pays for these types of situations?

When we were going to write the offer, I voiced my concerns to the agent. I notified her that I wondered if there were foundation problems but I told her we wanted the house. She told me to have someone look at it, that she wasn't going to waste any time putting an offer in if I was unsure. I reiterated to her that I wanted the house but that was my only concern, we didn't even make it to her office when she told me to go find someone to see it. She later called me and notified me she had scheduled an inspection, I agreed, but after I had my family member see it and he stated there were only cracks because the stucco was old. So, I told her I didn't need the inspection to be done, that I was comfortable. She was amused and told me we needed it anyway. So I said okay. This is why I agreed to it, she stated we should just do it, since it was required later. I guess I was just not thinking and should have just insisted on canceling it and/or asked more questions. The day of the inspection I realized the listing agent worked in the same firm as she did. We later wrote an offer and even though there were some obvious findings in the inspection, she suggested we not ask the bank to fix as they would probably not take my offer because of it. If anything, I must admit after reading some of the comments, I guess I do look gullible. I just really wanted that house and trusted her to guide me correctly. I truly just wanted to know, for future reference, who pays for inspections before or even after an offer has been accepted. Do I come out of pocket all the time, or do we wait for closing?

(End Question)

I know it sucks to spend money on a home and then not get it. That happens. When it comes to Inspections though you have to look at them like insurance policies. You pay for the protection in order to protect you from what can go wrong. Doing inspections before you write your contract is a good practice. Though it must be mentioned that some practices come with risks.

Agents often act in ways that are important to protect you but there are some things that should have been performed differently here. The question of preinspection comes up very often. It is an adviseable practice for sellers to preinspect theeir homes for maximum liability protection. In California, our disclosure law is based on the sellers expert knowledge of their property and any defects known are to be fully disclosed to buyers in a real estate transaction by law.

Many people are not experts in construction, building codes, and few people crawl around under their home and in attics, regularly inspect HVAC ducts, or clean out plumbing lines. People generally live in their homes and fix problems as they occur. Familiarity with a home also lulls people inot a false sense of security. A current homeowner may have bought thier home decades ago for tens of thousands of dollars and it may be worth hundreds of thousands of dollars now. Some minor quirk to the current homeowner could be a dealbreaker for the new buyer since the expectation level is commensurate with the investment in the home.

Let me make the point by imagining this transaction happening in a different way. Let's say dad said the home was fine and based on that the buyer elected to purchase the home. The bueyr is going to inspect that wall where the home inspector will advise the cracks are probably nothing but protects himself by advising you to perform an expensive destructive test of the wall. You decide its ok based dad's advice and close in 30 days.

Let's say the buyer moves in and in the next rainstorm water comes pouring into the home or worse in an earthquake occurs and the wall fails. Now whose fault is it? You're not going to sue dad, I mean he said the wall was ok, but he's your father. The home inspector(s) protected themselves by advisng the destructive test which few ever especially after having 3 seemingly competent people look at the wall. Where was your agent to protect you? That is the reason for the preinspection.

The agent here tried to do everything he could to protect his buyer from a nightmare scenario but did not do one thing. The agent did not inform the buyer of preinspection risk and did not let the buyer chose to assume the risk for the inspection or "insurance" protection. In this case, the buyer should have been advised the cost and the risks before being asked to pay for the inspection or simply moved on and continued to look.


The buyer should have been given the option to first lock up the home by writing the contract and getting the seller to accept it and the inspection could have been scheduled for the first day after seller acceptance. If the inspection came up badly, then the buyer could have immediately backed out. Agents do not like this way but somtimes it is the way it must be done. Especially if the buyer has little cash.

Schizophrenic Sales Data

Don't believe what you read! Just kidding. This is a great lesson about what is going on in our market today and why it is great that we live in such a special state. In today's CAR newsletter the following short stories were in the same article.

C.A.R. releases Sept. sales and price report
Home sales increased 2.1 percent in September in California compared with the same period a year ago, while the median price of an existing home declined 7.3 percent, C.A.R. reported yesterday.
The median price of an existing, single-family detached home in California during September 2009 was $296,090, a 7.3 percent decrease from the revised $319,310 median for September 2008, C.A.R. reported. The September 2009 median price rose 1.1 percent compared with August’s $292,960 median price.

“A new milestone was reached in September, when five C.A.R. regions reported positive year-to-year increases in the median price, the first such increase since January 2008,” said C.A.R. Vice President and Chief Economist Leslie-Appleton-Young. “September also marked the seventh consecutive month of month-to-month increases in the statewide median price and the first single-digit decline in the year-to-year median price since October 2007, after 22 consecutive months of double-digit decreases.”

Home prices decline 0.3 percent nationwide
Home prices decreased 0.3 percent nationwide on a seasonally adjusted basis from July to August, according to the Federal Housing Finance Agency’s (FHFA) monthly House Price Index. The FHFA’s index is calculated using purchase prices of houses owned or guaranteed by Fannie Mae or Freddie Mac. For the 12 months ending in August, U.S. home prices decreased 3.6 percent. The U.S. index is 10.7 percent below its April 2007 peak.

Makes you wonder how both can be true. The answer is simple. Real estate is a local phenomenon subject to many more factors beyond being a home and a price. Jobs, income bracket, community, age demographic, price point, financing, interest rates all play a part in the value of real estate.

The median price is up due to liquidity that was in the process ot tightening up last year. A year ago a loan over $700k simply didn't exist so selling a home in that price point was an extreme challenge. Now the laon market has stabilized and more buyers have the capaility to purchase a home. More recently inventory has dried up and banks have slowed the rate in foreclosures into the market. These two factors have created a mini boom in the lower price points and as more homes have sold in the 500k-800k range, the median goes up and prices overall fall. I won't even the high end freefall of prices but this is simply icing on the cake.

Yahoo News Link

Here is a quick news link from Yahoo on the state of the market.

http://finance.yahoo.com/news/Homes-About-to-get-much-cnnm-699910894.html?x=0

Maybe it’s time to let Bankruptcy Courts deal with Neg-Am Mortgages.

This blog should fall into the arena of gossip for some more educated source to follow up and provide better and more firm facts.


Someone I trust was talking to a banker and they started to discuss the problems with the banking system. After covering all the numerous talking points about who was to blame and pointing the usual fingers; the Community Investment Act, Fannie and Freddie Mac acting as irresponsible investor on bad loans, and the removal of the restriction preventing Investment Banks from engaging in real estate (Glass-Stegal). In other words the usual complaints. They then started to discuss possible solutions to the debacle, this is where I became interested.

Most real estate agents, and others who have attempted a loan modification, know what kind of a byzantine nightmare the process can be. Many calls, lost paperwork, and low level staff manning the phones that have no authority other than the right to tell you 'NO' and 'declined'.
They talked about the system. Once a bank receives the modification or short sale request, it has to go to its files and pull the loan documents, submit all the paperwork to an underwriter who was given a set of policies drafted by the banks attorney's who may also eventually research the loan. At the same time, if there is a second loan, a concurrent negotiation occurs with an institution that has their own phalanx of underwriters, attorneys, and guidelines.

Part of the bank's research is to determine if there was mortgage insurance and if there was an investor on the loan. Once it is discovered that these entities exist, there are yet another set of guidelines to deal with from corporations who have yet another series of underwriters, guidelines, and attorneys.

So lets review, under the ideal situation in any short sale or loan modification with one loan there
could be as few one and many as three institutions involved; the bank then additionally one insurer and/or one investor. If there are two mortgages, then there are two to six institutions.

Now let's complicate the matter, like the reality for most. No bank has one investor, nor do they use one insurer. So as the pool of loans grows and the number of vendors grows, and the process gets more and more complicated. Other complications arise when you consider the myriad of state laws and the fact that many of the investors are overseas. but then it gets really tricky.
Somewhere along the line, investment banks created these "so-called" risk hedges called the collateralized mortgage obligation or collateralized debt obligation (CMO's or CDO's). This was a new form of investment designed to reduce losses on bad mortgages. So the banks take their pool of assets backed by debt and people's incomes and they divide these obligations into investment vehicles, using another set of contracts (drafted by attorneys) and start trading them on Wall Street to institutional investors (who have their own attorneys).


So at the peak of the bubble we had we had little or no oversight from the Republicans, We had Democrats pushing banks to underwrite bad loans that were purchased by Fannie Mae and Freddie Mac. The Investment Banks poured money into the mortgage market. Banks wrote loans, sold some to investors, and insured others, all while packaging bundles of investments and selling them to insurance companies, other banks, foreign governments and hedge funds.


So now the banker gets to the end of his discussion. "Event's didn't work out so well." he says. "Real Estate agents are working the short sales and individuals are trying to perform loan modifications." He continued, "The reason most loan mod's and short sales do not get approved is because it is just cheaper to foreclose than to deal with all the various companies and their attorneys. Every bank can't come up with one set of guidleines to deal with all the different situations all these contracts and attorneys have created." Once the foreclosure occurs then it wipes the slate clean for the bank holding the loan at the core of this complex system of contracts. The homeowner is treated like one of the investors and gets wiped out with the foreclosure.


This is why it's so hard to do a short sale or loan mod.

Buyer's Agency

For most people, buying a home is their single biggest investment. The process is filled with many complex details that may seem confusing and complicated if not properly understood. The rules are generally governed by the contracts agreed to between buyer and seller. These contracts are typically drawn up by the attorneys for the companies that make up each MLS association across the country. They draft these agreements to reconcile state laws and the court cases of each state where problems arise between buyer and seller.

In the past, agents were legally obligated to protect the interests of the home seller. Today, in our consumer oriented society, that model has been replaced. Agents who represent buyers have the legal duty to protect those buyers under state agency laws. The most recent changes to the business of real istate is the introduction of homebuyer agreements. Homebuyers are choosing to have their own real estate agent, a contracted buyer's agent, to legally represent them under a written agreement.

In every case where an agent is a buyer’s representative is involved, under contract or not, the agency law requires specific represenation for you, the buyer, not the seller, and has full fiduciary duties, including loyalty to the buyer. By definition and law, the buyer’s agent has your best interests in mind throughout the transaction. The percentage of homebuyers with buyer representation has grown significantly in the past decade. According to a recent National Association of Realtors® survey, nearly half (46%) of home buyers used the services of a buyer’s agent last year, and four out of every five buyer’s agent agreements were in writing.

The following points are presented at the beginning of every transaction on a document called the Agency Disclosure regardless of whether or not there is a contract between the buyer and his agent . The buyer’s agent and the homebuyer establish by mutual agreement and in writing, known as a buyer's agency agreement, that will entitle the homebuyer to:

Loyalty: The real estate agent has a fiduciary resposibility, the highest protection under the law, to act in the best interest of the buyer.

Reasonable Skill and Care: Performing the job of an Agent with the utmost care, integrity and honesty. Some of the tasks include; Assisting in the determing a purchase price, resourcing professionals in the discovery of material facts, and investigating the material issues important to the buyer.

Disclosure: All material facts such as relationships between agent and other parties, existence of other offers, status of deposits, and legal effect of important contract provisions.

Confidentiality: Any discussions, facts, or information that should not be revealed to others but does not include responsibility of fairness and honesty in dealings with all parties. Accounting in dealings. Negotiaing you your behalf without compromsing your position or disclosing unnecessary knowledge about you.

Buyers Agency Agreements

There are two types of buyers agency agreements. One is where the agent is compensated by the buyer regardless of what the buyer purchased and the other simply defines and clarifies the legal considerations between buyer and the agent. Buyers should be aware and ask the question about how the agent is compensated since there are legal remifications. For example, if the buyer under a buyers agent compensation agreement innocently discovers that his friend is selling a home he can purchase and makes an agreement to buy his house without agents. The buyer may be obligated to pay a commission to his buyers agent even when the agent was not involved in the process.

Using buyers brokerage agreements is helpful between buyers and their agents because they do make clear the duties and responsibilites of the agent and a buyer.

Home Modification Trial Period

http://www.contracostatimes.com/business/ci_12520979?nclick_check=1



This newpaper article was printed on June 8th, 2009 Contra Costa Times. It is a detailed explanation, in Q and A form, about the governments Home Affordable Mortgage Modification program.