Arizona Real Estate Blog

by Jon Kichen

< Prev 1 2 [3] Next >
April 22nd, 2009 at 1:16 pm

 

Does this sound familiar? You represent a buyer, and you have an accepted offer on a lender-owned property. In their counter offer, the lender stated that they are not responsible for utilities, and if the buyer wants utilities turned on, they must do it themselves. So, that puts you in the position of either helping the buyer do that, or worse, you do that for them.

 

Here’s the rub… neither you nor the buyer own that house, and really do not have authority to enter the premises and turn on utilities. Yes, the lender said in their counter that they would turn them on, but still, that puts the buyer and the agent in a real bad position, since the lender technically did not authorize the buyer to turn them on, nor does the lender indemnify the buyer if something goes wrong.

 

Case in point… Buyer’s agent arranges for water and electric service to the property. Buyers FHA appraisal required the pool to be filled and running. Agent shows up the afternoon both of those services were to be set up. He sees the water meter, turns on the main valve. He then turns on the main circuit breaker to the house. The agent proceeds to his car, picks up the hose in his trunk and walks to the rear yard. He connects the hose, turns on the faucet and drops the hose in the pool. He then returns to his car and sees water running down the driveway. This all occurred in about 7 minutes. He immediately turns off the main valve, goes through the front door to find most of the downstairs flooded. Someone left the hot and cold faucets for the washing machine in the laundry room turned on, and when he turned on the main valve, that immediately started flowing. By the time he realized it, the house had a good inch or two of water everywhere.

 

Who pays for the damage? The agent, and his broker, and their E & O carrier. The agent damaged someone else’s property, so the agent would be liable, and technically, entered that property without authorization nor indemnity.

 

I heard of another case where a previous occupant left wires crossed in a ceiling when they pulled out a ceiling fan. By the time the agent got into the house, the crossed wires sparked before the circuit breaker shut it off, and that spark ignited something in the ceiling. By the time the agent realized it, the entire ceiling was on fire. Again, damage in someone else’s property that the agent caused, thus; the agent, his or her broker and their insurance carrier will be liable.

 

Bottom line… as a buyers agent, stand your ground and either require that the seller have all utilities on for inspections and walkthrough, or cancel the contract. When enough buyers cancel these deals, the lenders will realize their obligation and turn on utilities in the properties they own.

Posted in
by
Views:
354
April 21st, 2009 at 12:29 pm

 

You might remember that line from a movie. Ahh, but what movie?

 

Most people think it comes from “Alien”. No, it comes from “The Fly” (the 1986 remake with Jeff Goldblum and Geena Davis). The scene has two women and a man. The one woman, fearful of doing something, says, “. ..But I’m afraid…” The man says, “No, don’t be afraid…” and the other woman says, very sternly, “Be afraid, be VERY afraid”.

 

This brings to mind the fear and paralysis that affects some real estate agents who fear the unknown. I have talked to so many agents who tell me “… I refuse to do a short sale or lender owned deal”. Why? They are afraid of the unknown, but the difference here, versus the movie, there is nothing to be afraid of. What most agents fear is the process, which is unknown to them, and sadly they have heard the horror stories and use both of those factors to take that position.

 

As a result, they are staying away from a large segment of our current market, which likely will stay that way for most of 2009. We will see more foreclosures before we see less, especially with the government-imposed moratorium being lifted last week; thus the sheer number of pre-foreclosure and lender-owned sales will increase. If you are fearful of that part of the market, you might be out of business.

 

So, if you decide to go after those foreclosed, lender-owned listings, you should answer these questions.

 

First, are you going to work harder for potentially less income? Yes. These deals take longer, require more documents and certainly require patience. With prices at a record low, and pressure on commissions, your income will be less. That’s a fact, but there is not much we can do about that.

 

Next question. Will I lose some control of the deal? Yes, as lenders make their own rules, we need to far-more flexible in dealing with many of our standard rules. Your brokers are here to help you with that.

 

Last question. OK, how do I get these deals? How can I get listings from lenders? This takes work, good ole prospecting. Talk to every mortgage broker and title officer you know. They deal with lenders and asset managers every day. Ask for names, or have them put in a good word for you. It’s just like prospecting for listings. Knock on doors, call people, and make yourself known. Lenders are assigning hundreds of listings to real estate agents all over the valley every day. You might just get in front of that person (or on the phone) on the right day, when they need another agent. Timing is a big part of success. You certainly won’t get these listings unless you prospect for them every day.

 

Remember when you started in the business? Did your phone ring the first day, with a buyer ready to buy, or a seller ready to sell? Probably not. Think of this as your first day in the business. What should you do to generate leads?

 

Fear is the #1 killer of successful sales careers. Fear of anything… Fear of rejection, fear of failure, fear of the unknown, even fear of success. Each of these can be overcome by a desire or need that is stronger than fear. That is up to you to decide what that is, but if you do, there is a lot of money to be made in this market.

 

Posted in
by
Views:
441
< Prev 1 2 [3] Next >

 

 
 

 

Archived Articles

 

Arizona's Anti-Deficiency Statutes to Remain Unchanged

Govenor Brewer does not change statutes

September 14, 2009

 

HVCC Creates Havoc

Home Valuation Code can be confusing

September 11, 2009

 

A Short Sale Pitfall

Obtaining the HUD-1

September 5, 2009

 

Selling To First Time Homebuyers?

What About The Federal Tax Credit?

August 31, 2009

 

Investor's Anti-Deficiency Statutes

Guest Blogger-Scott Stein

August 6, 2009

 

Know When To Hold ‘Em (and know when to fold ‘em)

What is your time worth?

August 4, 2009

 

Doom and Gloom or Hooray?

Where do we go from here?

July 26, 2009

  

Relief for Tenant in Foreclosed Properties

Protecting Tenants At Foreclosure Act of 2009

July 13, 2009

 

Summer months are the slowest of the year for real estate sales!

Is that true?

June 30, 2009

 

Are You Out Of Your Flippin Mind?

Does the VA have the same requirement as FHA regarding the 90 day "hold" rule for seller of a "flip property?"

June 4, 2009

 

12% Are Behind In Mortgage or in Forclosure

Guest Blogger: Mike Neill

May 28, 2009

 

Lenders Think They're Exempt: They're Not

Lender/seller statutory obligation

May 20, 2009

 

Technology and the New Real Estate Agent

May 15, 2009

 

FHA Secrets You Should Know

Guest Blogger: Mike Neill

May 13, 2009

 

Who Calls the Shots?

Short Sales-who is in control? 

May 12, 2009

 

So much for so little!!!

Tips for good business practices  

May 11, 2009

 

Lenders Suspending HELOC’s in Falling Markets

May 6th, 2009

 

Wanna Get Paid?

Getting your full commission in current market  

April 29, 2009

 

Staying busy in a tough market…

Keeping your business going  

April 28th, 2009

 

Utilities on Lender-Owned Properties

Who's responsible when utilities are turned on?

April 22, 2009

 

“Be Afraid, be Very Afraid…”

Getting over your fear of the current market

April 21, 2009

Real Estate License Renewal