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Hire a Real Estate Transaction Negotiator

Can I save you money?  The answer is yes.   Even though you have hired a Real Estate Agent or Realtor, you may have to ask yourself if he is acting in your best interest.

I owned my own company in Downey, California and was the first agent to attempt a short sale.  In the 1980's when these became popular, I was the first to negotiate successfully with some of the biggest banks in the state.

I not only was successful, I quickly became number 1.  Many Realtors avoid these type of sales because they are tedious and time consuming. Some short sales took as long as 6 months.  I was the first to negotiate with the Governor's office also.

They had continually just taken the fall and let all their homes go into foreclosure.  I showed their representative that some money (in the thousands) was better than nothing.  In the beginning they refused to deal and I simply told them to take a flying leap and not bother me.  I told them "I do not work for free."

Needless to say, my phone rang and the negotiations began and we closed the deal.  My first sale would prove to be my most profitable because they then would deal with me each time.  I was then their paid negotiator on their side.  Each time an agent presented them an offer, they would contact me to see if the agent was legit and if the offer was viable.

Time and time again I showed where the agent was a scam artist and trying to rip the government off.  My reputation grew and before long I had more short sales than I could handle and would start referring them out.  Regrettably there was never anyone who could do what I could do.

I had an escrow company ask me why I did these short sales.  My commission was from 4.5% to 5% normally. Regular commission was at 6%.  It was not just the money.  It was about the satisfaction I got helping people.  My clients would tell people how I was their friend, not their agent.

I became very hard core.  You had to be tough when dealing with the banks.  You had to know when to send  flowers and when to stand your ground.  My very first short sale was dealing with a lending corporation and I negotiated 3 liens.  The owner would not sign the deal unless I went out with him, which I refused.  I had to meet him at his office and I took my partner.  There I looked him dead in the eye and told him he had till 6pm to sign the papers or the deal was over with.

At 5:50pm my phone rang.  He signed the papers and offered me a job with his company.  He told me that I was so hard on him and he wanted me to work for him. This offer I declined.  From that day forward I knew that it was "SHOWTIME."

WHAT IS SHOWTIME?

Anyone in Real Estate knows what is showtime.  Showtime is the time we become the best actors on the planet.  We have to know our part and how to play the game.  You cannot be sad or have problems.  You cannot moan or groan.  You have to know who you are dealing with and know how to  sale the deal.

My Broker who I studied under, Carol Pearce,  would say this each time she left the office.  She knew who she was and how to act.

GIFTS

Carol got more gifts than any Broker I ever saw in my life.  I was in awe of her.  I wanted to know what she did to get so many gifts.  She saved them money.  No service is for free.  It is common courtesy to give a gift when someone helps you.  The Chinese always give $100 in an envelope.  If someone helps you, pay them.  Nothing is for free.  If you don't pay, you have bad karma.

WHY HIRE A NEGOTIATOR IN ADDITION TO YOUR REALTOR

This is a question most ask.  A Realtor lists a property for $155,000.  In one week he brings a buyer of his to buy the property at $30,000 below asking price.  He tells the seller this is a great buyer and they should negotiate on the offer.  Negotiate he does to offer $10,000 more.  You are still at $25,000 less than the listed price.

The agent is double dipping or gets the commission at both ends and so he represents the buyer and the seller.  He must use due diligence.  But can he?  He knows the seller needs to sell and why and tells the buyer, he can get them a great deal.  Has he performed due diligence now? No.   He is now representing the buyer.

The seller is new and does not know what to think.  First they want to sell the property, nothing is owed and they TRUST the agent.  They may sign their life away or pay a Negotiator $150 to look over the deal, negotiate the price and get the seller more money.

The negotiator is an experienced Broker with knowledge of how the game is played and about contracts. The Realtor is not happy but he goes along.

A NEGOTIATOR IS AN ANGEL FROM HEAVEN

A good negotiator will know the game and works to get you a better deal. Nothing is guaranteed but many times a Negotiator can save you thousands of dollars.  Nothing is for free.  The small fee is tax deductible and it is a service that you can feel secure with.

They have due diligence to only you and can guide you in escrow and closing.  When handling any transaction, don't you want the best?  Hire your negotiator today.

Pay here.

Earnest Money - The Tool Used Against Home Buyers



Earnest money is just that, a deposit in Escrow that states you the buyer, wants the seller to withdraw the property off the market for so many days. You earnestly promise to purchase the property if the seller agrees by signing legally binding escrow instructions. This tool, the earnest money deposit is held against the buyers many times as leverage to force him to buy a home at any price.

The buyer who earnestly tries to purchase a property and then cannot through no fault of his own is entitled to his money returned, but many times a Broker or Seller will pressure the buyer to stay in an escrow against his will. He is pressured to accept a home he is not happy to purchase.

Ethical Behavior is Just Good Business:

This is where ethical behavior comes into real estate. It is unethical for a Realtor to hold the earnest money as a tool against the buyer. It is unethical to require a buyer to purchase a home, unless there is not a valid reason to proceed. But, like many things, it happens every single day.

A really good ethical Realtor would never require a buyer to pay a large amount of money in escrow to begin with. On a small home, $1000 is sufficient. If there are bidding wars going on, then a larger deposit is required. Sellers do feel better with an offer that has $2000 or more, but it is a useless scenario.

The buyer always win in the end, if he knows anything about real estate at all. He signs a contract guaranteeing him arbitration. The arbitration clause states the most he can lose is $1500 in most states. So even if they went for everything he has, that is the most he can lose. Most agents who follow their brokerage, knows that it is against policy to hold a buyer against his will in a contract. As with sellers, they are released automatically with a little pushing.

No brokerage wants to be involved in a lawsuit. If the buyer will just say the words, "Lawsuit" they will set him free. But hungry agents and hungry Brokers today in this awful market play the trump card and threaten the buyer, that he will be sued for the entire amount of the home, which is correct. The buyer can be sued if the seller presses charges, unless they signed the arbitration clause.

But unethical brokers and unethical agents will pressure the buyer, by not telling him the truth. They will tell him all kinds of bad things just to get one "lousy" paycheck. That buyer will tell everyone how he was treated and they will lose more business than it was worth. The buyer will remain in the deal, but he will not be happy and an unhappy buyer will tell 9 people. A happy buyer will tell one person.

It is never worth the consequences to hold a buyer in a contract when he does not want to purchase the home. It is very sad today as many buyers will go and see another home they like better and try to break their contract illegally, causing everyone hardships. The seller lost prospective buyers for his home by taking it off the market and the agent loses the commission. In the times of hardships, everyone is suffering. It seems more and more that not only are Brokers unethical in some cases, but buyers are falling into the trap also.

Many unethical Brokers are also soliciting buyers when they know they are in a deal already. It is against every rule, that the Board of Realtors maintains. An agent can be brought up on charges for soliciting another persons client. A Broker has a fiduciary duty to his client and a client owes loyalty to his Broker.

Legally the buyer is entitled to cancel his contract for many reasons.

1. Does not qualify for the loan.
2. The house does not appraise.
3. The house fails the home inspection.
4. The seller refuses to repair items on the home inspection.
5. The title report shows the owner of the property is not the one signing the contract.

If any of these items come up, the buyer has a right to cancel the contract and receive all his money back. The only way this can happen though is with signed cancellation instructions in escrow. Should the seller delay, there is very little the buyer can do other than threaten to sue or go to arbitration.

Many sellers will delay hoping the agents put the deal together and in some cases it does happen. It is never a good thing to threaten your buyer or place him in jeopardy. It is better to cancel the contract and place him in a different home. If he does want a new agent, then hopefully down the road he will refer to you a buyer. Keeping your reputation clean is more important than winning $500.