I went to a
presentation yesterday on Short Sales and Foreclosures presented by two
attorneys. While I did not get much help on working
with buyers on short sales, which is what I was hoping for since I am
primarily a buyer's agent, I got a better understanding of the
complexities of these situations from the homeowners perspective.
What are they going through and what is in their best
interests? I know that there are soooo many of these
situations all over the country today. We as real estate
professionals will be facing them more and more as we move out of the
current real estate upheaval and on to a more sane realistic one.
When an agent is
approached to sell a home by someone who appears to be in trouble, some
agents will ignore warning buzzers and present a regular Marketing Plan
to the homeowners. Some sellers will tell you upfront there is a
problem and some will try to hide it from you out of embarrassment or
even anger. It is important for you to know there is a
problem before you can provide the professional services you are to be
paid for. Dig a bit deeper with the sellers if you notice
that they are anxious or unclear about their reasons to sell.
There is nothing worse than having a ready willing and able buyer for a
property at a price that the bank won't accept and you can not deliver
clear title.
In the past, I
have heard agents trying to negotiate with mortgage holders who have
not gotten through to the right person in time. I
was days away from a closing with buyers when the house was
pulled out from under them because we could not find the right person
to talk to. I not only lost the sale but I lost the clients
as they were so turned off they decided to stay renters rather than
continue.
After hearing
the complexities of everything that can affect a sale I believe the
best we can do is to get advice from an attorney who can delve into the
homeowners full financial picture and offer options. In NY
the bankruptcy laws may be used to allow your potential sellers to keep
some of the equity in a house if there is any available. Also
there is a way to guarantee your payment at closing as a real estate
agent if a bankruptcy is approved by the courts.
Perhaps there is
a way to work with the banks to restructure the loan to keep the people
in their home. Some of you may say "Hey wait a minute I don't
get paid unless the house sells" but those happy people will return the
favor by referring others and by using you at some point in the future.
When you do things like this you gain a reputation as a
caring individual.
A word of
caution against getting too involved with the lives of these
unfortunate individuals. It can bring you down if you let it.
Try to refer them to someone who can help them with the whole
issue that they are facing, such as an experienced bankruptcy attorney,
and be there to help with the real estate part only. It is
always good to be a resource but if you try to be the source you may
end up burning out, or worse, in trouble for practicing law or giving
financial advice without a license to do so.
Keep
Smiling and Keep Selling (Just Make Sure Your Sellers Are Able To
Deliver Clear Title)
I'm Paddy Pizappi - Work
with Me and You'll be Happy!