Relocate With Jen: August 2009

Mystery Real Estate Fee Legal?

Relaxing between visitors at yesterdays open house I read  July/August 2009 Issue of Realtor Magazine (specifically page 15 or if you missed it )

I have read other articles on active rain and other blog sites with agents defending the "administrative fee" or similar.  I have also seen Broker/Owner & Firms require there agents charge an administrative fee or transaction fee.  I do not charge a marketing, admin or mystery fee and my BIC does not recommend one

A U.S District Court (North District of Alabama) ruled on a class action suit againsta brokerage that charged a flat $149.00 fee in addition to commission.  The official case name is Busby v. JRHBW Realty Inc (doing business as RealtySouth)

The court ruled against the brokerage - according to Real Estate Settlement Act the fee must be a charged for "services actually performed".  The fee was referred to as "unearned" since it was not for a specific service.  Sounds like the Badgers "dust & rust fee" to me.

<

For those who need to dust off their real estate text books,

The Real Estate Settlement Act passed in 1974 by Congress. It was created because various companies associated with the buying and selling of real estate, such as lenders, Realtors, construction companies and title insurance companies were often engaging in providing undisclosed Kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics. The Act prohibits kickbacks between lenders and third-party settlement service agents in the real estate settlement process (Section 8 of RESPA). Even reciprocal referrals among these types of professions could be construed in court as a violation of the law of RESPA. It requires lenders to provide a good faith estimate for all the approximate costs of a particular loan and finally a HUD-1 (for purchase real estate loans) or a HUD-1A (for refinances of real estate loans) at the closing of the real estate loan. The final HUD-1 or HUD-1A allows the borrower to know specifically the costs of the loan and to whom the fees are being allotted.

(Wikipedia.com)

The Firm in questions claimed, the money does have a purpose it helps reduce overhead and is not split with the agent.  I am sorry business doesn't work that way.   If this were a restaurant, would you pay a fee to reduce the owners overhead on top of the price for your bacon mushroom cheese burger? Or do you expect to pay the price on the menu.  Give me a break!!!  You would eat somewhere else.  Educated clients would go somewhere else too.  I wonder how, when or if they were explained the purpose of fee

NAR has asked that HUD further investigate this subject - The court ruled against the fee because it is believed to be a RESPA violation of Section 8(b). Although many believe the law is being interpreted incorrectly.

In today's economy everyone can use some help with personal or professional overhead. We all could just pass the buck on our bills- I would like to have someone pay my car payment please.It makes me crazy to think that agents have not learned yet that we are in an honesty business.  We ask our clients to be honest with us-we should be honest with them. 

As business owners, self employed professionals and Realtors, take personal responsibility for your own check book, determine your expenses as a business and charge accordingly.  If your bills are still too high to find a better office, cut costs, do more YOURSELF and hire less people.  Read the Shift Book.

Shady actions have gotten us into the market we are in - why continue the bad behavior?

Jennifer Marks

1 commentJennifer Marks • August 24 2009 01:49PM

Top 10 Reasons Why Your Short Sale Will Not Close

Check this out!! Just because your client is working with the bank ( or is a bank), you still need to do your job and keep track of the details.

Via Noel Padilla, CDPE (Surreal Properties, LLC.):

10.) You sent in multiple offers to the bank. Put yourself in the bank's shoes, what would you do if you got 3,4,5 or 6 offers on your property? That's right you would wait to see if you get more at higher prices. We all know short sale departments at banks are extremely organized and they can surely keep track of multiple offers (Yes I'm being sarcastic). Oh did I mention accepting and having your seller sign multiple offers is probably a little against the law and at the very least unethically? Third party approval is just a contingency just like an inspection or financing. You wouldn't keep accepting offers if there was an only and inspection contingency right?

9.) You don't call the bank periodically for updates, you rely on them calling you. With literally thousands of short sale offers coming in, you need to keep your file fresh on their minds. Files are always being lost or misplaced, yes even in this digital age they get lost in cyberspace. A file goes to a negotiator via email and the pdf gets deleted accidentally. Do actually think the negotiator is going to remember let alone try and recover that info when he/she has another 100 or so to work on? They just say NEXT.

8.) You don't bother to lower the price periodically. Do I really need to explain this one, this is real estate selling 101.

7.) Your marketing, well sucks! No pictures, no virtual tours, poor description, etc. Again real estate selling 101.

6.) You don't know what the hell you're doing and are too pigeoned minded to actually take formal training to get better because of course you've been in business 28 years or that's what your broker told you to do. Formal training is not some 2 hour course given by your local board nor is it a 2 hour webinar. I'm talking at least 8 hours of classroom instruction or distance learning curriculum. Nothing substitutes for a live instructor if you have a choice chose the classroom.

5.) You don't submit an offer you feel is too low. WHAT? Let the lender tell you it's too low. Get the process going and hopefully you can get a hard number from the bank on what they'll take.

4.) You don't check this property's status and the bank forecloses. The short sale department does not communicate with the foreclosure/legal department. You don't know how many times I've called and informed the S/S department about an impending sale date and they reply, "Oh let me send them a message to delay the sale." This doesn't stop the process but in my neck of the woods if you delay a sale, you just bought yourself 60 days. It takes 30 days to get in front of the judge to schedule another sale date and that date is usually another 30 days out.

3.) Poor communication with the buyers/buyers agent and they walk. Mindset is crucial here. You need to prepare the agent and/or buyer for a long wait at least 90 days before you can go into the sales phase. You also need to let them know that not a whole lot will happen in the first 30 days and to expect updates every two weeks or sooner if developments occur.

2.) You're disorganized. If your the type that gets overwhelm at times (Like me) you need to systematize your business. You should have already done this but this is even more crucial in short sales. I designed an excel spread sheet that holds all my listings. I note whether they are active, pending , short sale, etc. It contains all the info I need in the notes boxes of the spreadsheet and I note every time I call with date and name of person. If you want a copy of it send me an e-mail.

...........drum-roll please........and the number one reason your short will not close is:

1.) Your short sale package is incomplete. A bank will not call you and say hey your package was incomplete. It will go in the round file cabinet. The more info you send them the better. I always call the lender first and ask for their specifics. I then send them what they ask and then some. A complete package should be at least 50 pages. I've seen some that are 100 pages. These servicers do not have a clue about your market. The more you send them pertaining to the market value the better chance you have at getting your package looked at sooner. You come across as a professional that really knows what you are doing, perception is the key here. (Who cares if you just took the Short Sale class 24 hours ago, you're a pro act like it!)

Good luck and happy short selling

Noel Padilla, CDPE

Jennifer Marks

2 commentsJennifer Marks • August 23 2009 07:58AM

8124 Bright Oak Trail Raleigh The Movie!!

Open House Sunday, September 30th 1-4 pm Check out this movie -- Huge Master Suite big enough for a King Sized set -- All Appliances included & plenty of storage. 3 large bedrooms & 2 1/2 Bath For $143,000 Minutes to 440, 40, 540 & 401 Call me for your own private showing -- 919 -210- 6295 What to learn how to make a movie? Check back soon ...... :)

Jennifer Marks

0 commentsJennifer Marks • August 11 2009 12:03PM

225 Springside Holly Springs NC

Open House Today!! Sunday September 23rd 1-4 pm Click Below to view and view the 225 Springside Movie. -- ( Turn on speakers) This is a beautiful 3 bedroom 2 1/2 bath home with hardwoods, neutral carpet, chair & crown molding. Plus it is minutes to everything -- shopping, parks -- 50 & 401 Need to know more? Call me today to schedule your own private showing :)

Jennifer Marks

2 commentsJennifer Marks • August 11 2009 10:53AM

ATTENTION REAL ESTATE LICENSEES: HOW TO LOSE YOUR LICENSE!

I know the market is tough and every brokeris trying to find new ways to make money & market. Read your Realtors Code of Ethics Again --This is not the way.  It was originally posted by a Maryland/Virgina Broker but if you are a REALTOR -- it is still relevant.  It is a slippery slope -- stick to what your know ~ keep your hand out of the lenders cookie jar. !!!

Via Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate:

                                                * * * *  HARD CORE REAL ESTATE TALK  * * * *

WARNING!  THERE APPEARS TO BE A COTTAGE INDUSTRY DEVELOPING FOR REAL ESTATE AGENTS:

LOAN MODIFICATION ADVICE

Read on Inman this a.m. an article "Loan modifications: salvation or scam?" in which they describe and even recommend that real estate agents can provide this advice and even charge for it. 

* * * * shared a number of ways that Realtors can legally assist their clients in navigating through the loan modification process and, in some cases, be paid for their efforts, more. . . . .

I believe that this is very risky business for any licensed real estate agent or broker.

Offering loan modification advice to a home owner is not, IMO, our business. We are neither trained nor skilled to give such advice and may violate the scope of our license to do so.  I'd be interested to know whether an E&O insurer would represent a real estate licensee in a claim against them for mortgage modification advice.

Most of the real estate agents I know don't know the difference between a deed and a deed of trust. Nor do they understand the structure of the loan/loan servicing, investor, markets and relationships.  When the vast majority of real estate agents must send a prospective home buyer to a loan officer for simple price range pre-qualification, the thought of those same agents giving advice and charging for it to home owners in mortgage distress sends shivers down my spine. 

IMO, real estate brokers/owners would be advised to have written policy limiting their agents' ability to offer loan modification services, paid or unpaid.

REALTORS® CODE OF ETHICS

Article 11
The services which REALTORS® provide to their clients and customers shall conform to the standards of practice and competence which are reasonably expected . . more.  . . . .  

REALTORS® shall not undertake to provide specialized professional services concerning a type of property or service that is outside their field of competence . . more. . . . .

                         Home Owner Family

"Honey, how can the mortgage company be foreclosing?  I thought our agent was helping us get our mortgage modified."

"I don't know Dear.  They promised that our loan was one that would be easy for the mortgage company to modify so we don't lose our home." 

Courtesy:  Lenn Harley, Broker, Homefinders.com, 800-711-7988.

Jennifer Marks

0 commentsJennifer Marks • August 10 2009 09:04AM

$211,000 3 Bed/2 Bath Move In Ready Holly Springs NC~ Move In Ready!!!

$211,000 3 Bed/2 Bath Move In Ready Holly Springs NC~ Move In Ready!!!
Jennifer Marks | Real Living Realty Experts | 919 210 6295
225 Springside Drive, Holly Springs, NC
Come home to this lovely home on a quiet culdesac. Sit & Relax on a Rocking Chair Front Porch. Entertain in a Formal DR w/ hardwood floors, Large
3BR/2.5BA Single Family House
offered at $211,000
Year Built 1998
Sq Footage 1,788
Bedrooms 3
Bathrooms 2 full, 1 partial
Floors 2
Parking 1 Car garage
Lot Size .25 acres
HOA/Maint $15 per month

DESCRIPTION

55E Holly Springs/FV/Holly Springs, Left on 55 Becomes (Main St), Right Maple, Left Springside--

see additional photos below
PROPERTY FEATURES

- Central A/C - Central heat - Fireplace
- Walk-in closet - Hardwood floor - Living room
- Bonus/Rec room - Dining room - Breakfast nook
- Dishwasher - Refrigerator - Stove/Oven
- Microwave - Attic - Laundry area - inside
- Balcony, Deck, or Patio - Yard

COMMUNITY FEATURES

- Garage parking - Lake - Playground


ADDITIONAL PHOTOS


Welcome Home

Dining Room

Kitchen

Master Suite

Master Bath

View From Back Deck
Contact info:
Jennifer Marks
Real Living Realty Experts
919 210 6295
For sale by agent/broker

powered by postlets Equal Opportunity Housing
Posted: Aug 2, 2009, 2:12pm PDT

Jennifer Marks

2 commentsJennifer Marks • August 02 2009 05:43PM