Thursday, October 27, 2011

Beware! ... Some The Oldest Tricks In The Real Estate Book

Beware! ... Some The Oldest Tricks In The Real Estate Book

Every profession has its tricks. We’re not talking about tricks to make things smoother, rather the tricks that prey on the unsuspecting public. The Real Estate Profession is no different, in fact is renown for having a plethora of unscrupulous people taking advantage of the good name made by the hardworking honest Professional Real Estate Agents. The amazing thing about tricky people is that they seem to use the same old tricks and the public continues to fall for it. Here are some of “The Oldest Tricks In The Real Estate Book”.

Beware! ... Some The Oldest Tricks In The Real Estate Book “If you list with me I have a Buyer for your home.” Does that Agent not have a Buyer if they don’t list with her? What does that tell you about the Agent? If she truly had a Buyer that she thought the home was perfect for wouldn’t she show it to the Buyer because it is the right home for them? By not showing them the home for her own personal reasons is she really working for that Buyer? The reality is that 99.9% of the time there is no Buyer, just an empty promise.

Occasionally an Agent will say he can sell your home for much more than anybody else says they can, another old trick. This sounds great of course, more money. The problem is that market is what market is. Though some Agents get consistently higher prices for properties than others due to skill we aren’t talking about that here. We are addressing the situation where one Agent will list the property $50,000 more than everybody else said it was worth.

What follows one of three things:


1. He works you over week after week to get a price reduction until you eventually get to the price point where it will sell… having lost a lot of time and even money if you end up following the market down during the lost time.

2. The property doesn’t sell and you have to start over with a new agent only your property is now shop-worn.

3. The property sells, but won’t appraise for the new Buyer. You end up capitulating on the price and you’ll never know if the Agent that listed too high spoke behind your back to manufacture the sale situation.

Buyers can get duped by only being shown select homes. The trick here is to show a high priced listing to compare the home he is going to sell them to… often the Agent’s own listing. This is harder to do these days with the amount of information on the Internet, but it is still something to be aware of. If truly working for the Buyer the Agent will present everything that meets the Buyer’s criteria regardless of who the Listing Agent or Seller is.

Our Advice: The oldest tricks are still used because they work. There are many consumer protection laws but it is hard to prove that you were duped by a tricky unscrupulous Agent so it is best to be aware. The facts are what they are – no glossy talk will change reality. Don’t let the strength of your desires cloud your reasoning. You should have enough information to make an informed decision, not an emotional reaction. Don’t believe someone can accomplish something that the industry can’t – they can’t either. This doesn’t include specialty properties or insight, but that must be specifically explained. A professional Agent will help you understand
Beware! ... Some The Oldest Tricks In The Real Estate Book what and why they said something so you get a true perspective and understanding of the market and how you fit in. Tricky Agents are few, the vast majority of Agents being very professional.

Professional Agents work hard for you to accomplish your goals without chicanery, or tricks.

Beware! ... Some The Oldest Tricks In The Real Estate Book



When it comes to choosing professionals to assist you with your real estate needs ... Experience is Priceless! Lisa Wetzel and Jim Valentine, CDPE, SFR, RE/MAX Realty Affiliates, 775-781-5472 carsonvalleyland@hotmail.com, www.carsonvalleyland.com


Here are a few of our blog posts ... please enjoy!

Lisa Wetzel and Jim Valentine are the authors of this blog. Lisa, Jim and Jessie are experts in Carson Valley , Carson City and the tri-county area of Douglas County, Carson City and Lyon County. Call our team anytime at 775-781-5472 or 775-781-3704. To Search for Homes go to: Carson Valley Listing Book or visit our website at www.CarsonValleyLand.com

Monday, October 17, 2011

Changes In Nevada Seller’s Real Property Disclosure

Changes In Nevada Seller’s Real Property Disclosure

Changes In Nevada Seller’s Real Property Disclosure

New disclosure regulations and a new version of the Seller’s Real Property Disclosure form (SRPD) became Changes In Nevada Seller’s Real Property Disclosureeffective in Nevada on October 1st. The SRPD form used in most residential real estate transactions has several noteworthy changes. The first is on page one of the four page form where the option of a Seller declaring exemption per terms of NRS113.130(2) has been removed. In its place are options to declare the type of Seller, i.e.- Bank (Financial Institution), Asset Management Company, Owner-Occupier, or Other and a blank to fill in.

Also added on page one is the following statement, “Systems and appliances addressed on this form by the seller are not part of the contractual agreement as to the inclusion of any system or appliance as part of the binding agreement.” Yes, it sounds confusing to us as well. If an item like a hot tub isn’t included it would seem logical to mark the N/A option, Not Applicable. If you are including the item then it is part of the agreement regardless of what this
new clause is trying to say.

Another new disclosure clause is pretty self-explanatory, “Has property been the site of a crime involving the previous manufacture of Methamphetamine where the substances have not been removed from or re-mediated on the Property by a certified entity or has not been deemed safe for habitation by the Board of Health?” This information can be vital to a Buyer’s decision making process, from price offered to rescission options.

The last SRPD detail change is the addition of a question asking if the property is subject to a Private Transfer Fee Obligation. A Private Transfer Fee Obligation is as an obligation created by a declaration, covenant, or any contractual agreement or promise, whether or not recorded, that requires the payment of a private transfer fee to the declarant, or other specified person, or to his or her successors or assigns, upon a subsequent transfer of an interest in the real property. The most recent Nevada Legislature deemed that Transfer Fee obligations violate the State of Nevada public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on the alienation of real property. Good to know if you have one.

Two important legal changes appear in the law portion of the SRPD. The first says that a purchaser of residential property may not waive their disclosure rights and a seller may not require a purchaser to waive any of their rights. This had become a prevalent practice with so bank owned properties and is no longer allowed.

The second change addresses property sold by foreclosure. Now, in addition to existing disclosure requirements for any defects known to the Trustee and beneficiary of the deed of trust, they must now provide the contact information of any asset management company who provided asset management services for defect repair or replacement whether or not the efforts were done to completion.

Lisa Lisa Wetzel and Jim Valentine RE/MAX Realty AffiliatesOur Advice: Sellers - always, always, always…“when in doubt disclose”. Buyers, be sure to read the SRPD. There are legal rights available to you if the Seller doesn’t provide a disclosure, or is fraudulent with what they do or don’t disclose. Penalties can be up to three times damages you incur. Don’t simply rely on a Seller’s disclosure efforts.

Buyers and Sellers have a responsibility to disclose and investigate the property that is the subject of their transaction. Do your part.

When it comes to choosing professionals to assist you with your real estate needs ... Experience is Priceless! Lisa Wetzel and Jim Valentine, CDPE, SFR, RE/MAX Realty Affiliates, 775-781-5472 carsonvalleyland@hotmail.com, www.carsonvalleyland.com


Here are a few of our blog posts ... please enjoy!


Lisa Wetzel and Jim Valentine are the authors of this blog. Lisa, Jim and Jessie are experts in Carson Valley , Carson City and the tri-county area of Douglas County, Carson City and Lyon County. Call our team anytime at 775-781-5472 or 775-781-3704. To Search for Homes go to: Carson Valley Listing Book or visit our website at www.CarsonValleyLand.com

Saturday, October 1, 2011

If the Listing Agent is 450 Miles Away … Run … Do Not Walk … To the Next Listing! (edit/delete)

If the Listing Agent is 450 Miles Away … Run … Do Not Walk … To the Next Listing!

It closed!

Thanks to the Real Estate gods and a very patient buyer … our, “Must Close in 30 Days” Bank Owned Houses for sale in Carson city NevadaHome in Carson City, Nevada finally crawled to a screeching close 89 days after our offer was accepted.

  • Nothing from the initial showing to the final close was user friendly in this transaction!
  • No Code! Can’t get into the house because no one at the “Service Number” knows the procedure and the Listing agent doesn’t belong to our MLS so he doesn’t need to comply with our Lock Box standards. How hard is it anyway to put the code into MLS? We made three trips to see the house before we got in!
  • Next … the pleasure of presenting the offer on a special website that doesn’t function and won’t update.
  • Goody … A listing agent, 450 miles away, who has no idea what is going on because everything is handled through a “Servicer” 3,000 miles to the east of both of us.
  • Every phone call to the listing agent is answered by an obnoxious voice mail that gives me 49 steps to solve every problem except the one that I’m actually calling about.
  • A "Never Ending" three week procedure to turn on the utilities so that we can get the inspections that we only had 7 days to complete in the first place.
  • Extension #1 … Need to extend the closing due to the giant "Pad Lock" on the Garage door to “Secure” the property. No one remotely connected to the “Lock” has a clue to the location of the key. My solution … I cut it off! Three week extension done!
  • Extension #2 … Seller fails to send the Power of Attorney to the Title Company so that the new lender will approve the loan! Two weeks of intense email and phone communication to get this accomplished. The “Servicer” actually called me one morning to inquire … “Why is the Buyer not ready to close?
  • DUH!!! The Buyer is NOT the problem!
  • Loan Approved! Yeah! Almost!
  • Buyer’s lock is ticking. They are anticipating a wonderful “move in” experience ... finally! Docs are signed, funding is poised … All we need is the Seller’s Escrow instructions and deed!
  • Drum roll please! … We Wait … and We Wait … and We Wait!
  • Extension #3 to our 30 Day Close! No Docs! … No Close!
  • Two days after the second 10 extension expired we got a email from the Servicer that the “Closing Documents” had been sent and that we should expect them the following Monday. (Kind of a "Fib") ... to put it nicely ... they were never sent!
  • Surprise … not really … On Thursday of the following week ( three days after our extension EXPIRED) we finally got a tracking number for Fed Ex that showed the closing docs were picked up THURSDAY Morning for Friday delivery (not to mention 3 days past our expired extension)! Ok, as Long as they get here we can live with that!
  • Friday … full of anticipation after 89 days of trying to buy a house with a 30 day close … the Fed Ex Arrives … the deed arrives … the escrow instructions … DO NOT ARRIVE!
  • OMG!
  • Another flurry of frantic emails and phone calls! How the heck can we close without the escrow instruction? Well … due to the herculean efforts of a fantastic Escrow Officer, Rischell Thompson of First American Title … we got them via email, we closed, and the Buyers got their house!


My final email of the day from the listing agent … “The Signed Extension for Closing This Home Next Week Attached."

Give me a break! We deserve battle pay! Our business has gone beyond reality to insane.

If the Listing Agent is 450 Miles Away … Run … Do Not Walk … To the Next Listing!


When it comes to choosing professionals to assist you with your real estate needs ... Experience is Priceless! Lisa Wetzel and Jim Valentine, CDPE, SFR, RE/MAX Realty Affiliates, 775-781-5472 carsonvalleyland@hotmail.com, www.carsonvalleyland.com

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When it comes to choosing professionals to assist you with your real estate needs ... Experience is Priceless! Lisa Wetzel and Jim Valentine, CDPE, SFR, RE/MAX Realty Affiliates, 775-781-5472 carsonvalleyland@hotmail.com, www.carsonvalleyland.com

Here are a few of our blog posts ... please enjoy!


Lisa Wetzel and Jim Valentine are the authors of this blog. Lisa, Jim and Jessie are experts in Carson Valley , Carson City and the tri-county area of Douglas County, Carson City and Lyon County. Call our team anytime at 775-781-5472 or 775-781-3704. To Search for Homes go to: Carson Valley Listing Book or visit our website at www.CarsonValleyLand.com