Sylvia wrote an offer for one of our buyers last week. When the listing agent called to confirm receiving the offer, he immediately started in with rehearsed script-speak. For those of you unaware of “scripts”, they are exactly what you might imagine. Prefab spoken lines to use in certain situations.

Many Realtors and Real Estate Coaches swear by scripts and practice them daily. Sylvia and I are very familiar with the concept of scripts, we’ve had training in scripts, and we’ve attended workshops at real estate conventions about using scripts. But we don’t employ scripts in a formal way. This blog article will explain why.

I only heard Sylvia’s side of the conversation with the script-driven listing agent, but she filled me in after hanging up saying, “man, everything that guy says is a script”.

It started with: “Got your offer. So … (pause)… your buyer is offering exactly ___% below list price for a listing that has been on the market only ___ days”.

To which Sylvia responded off the top of her head with with: “Well, the offer is based on the market analysis I did, which I sent with the offer. The list price is irrelevant. I determined the market value based on recent sales of similar homes and advised the buyer as to a fair offer price, and that’s what you have. Plus, we’ve sold over half a dozen homes in that neighborhood and we know what those houses are worth”.

Then, as skilled practitioners of script-speak do, whatever you say is ignored. Instead of having a conversation about the comparable sales that were used to justify the offer, the next rehearsed line is uttered, no matter what your response was to the first. “I’m going to need your buyer to come up to a price my seller can agree to so we can make this deal work and so you and I can both get paid our commissions”.

To that, Sylvia said: “{Agent Name}, I’m not doing this for a commission. I’m helping my buyer find the best value I can for a home that meets his needs. He likes your listing, but it’s over-priced. You have a good clean offer, based on a proper market analysis, and I think the seller should seriously consider accepting the offer as-is”.

I thought it ended shortly thereafter, with the seller and agent not willing to budge from the list price. I was amazed a few days later to be told that the buyer and seller were in fact now under contract for an amount less than the seller’s price and a bit higher than either Sylvia or I felt was justified for our buyer. But the buyer is the one who makes the decision to accept a seller’s counter-offer or not. We just provide the data, our opinion and our advice.

So we entered into the inspection period.

The property inspection revealed a bad roof that needed replacing. My roofer went out and confirmed this after the inspection. The roof had multiple active leaks and was at the end of it’s functional life. A new roof was going to be $6,000. I told our buyer that I already thought he was paying a bit too much before the bad roof, but that at least he was in the range I thought it might appraise for. But adding $6,000 to the top of the price put it unquestionably beyond a reasonable value, about 9% more than I though the house was worth.

The seller refused to negotiate a new roof into the deal, so our buyer, following our advice, terminated the contract. We know we can find a better deal for him.

As I made my final efforts to negotiate the roof and other repairs with the listing agent (it’s usually me who handles the repair negotiation process instead of Sylvia), I got my own taste of his scripts library. The dumbest one was his parting shot when I called to verify that I had sent the termination notice, to which he responded with a snide, “I guess this house was just more than your buyer could afford”. To that, I simply said, ”Good luck to you. Maybe our next deal together will work out”.

But let’s take a closer look at these real estate agent scripts and see what they accomplish. Let’s start with the first one, used out of the gate by the listing agent.

“Got your offer. So… your buyer is offering exactly ___% below list price for a listing that has been on the market only ___ days”.

All I can guess is that this is intended as some sort of Alpha Dog power play, putting the buyer agent on the defensive. It probably works with inexperienced agents and/or agents who don’t know the market or how to defend their offers. It probably causes some agents to doubt their offer, or catches them off-guard, thus allowing this listing agent to assume a dominant stature in the agent/agent dialog and allowing him to control the conversation. Nothing to put an agent in his place like a quick and sudden reprimand.

But I think that’s a mistake. What the script essentially says to a buyer’s agent is, “You are stupid. Your offer is too low. What do you have to say for yourself?” This is unprofessional, in my opinion.

The reason Sylvia sent her CMA with the offer is that we think it’s courteous to do so. It helps the agent and seller understand that this isn’t a “low ball” offer, but a serious offer based on what the home is worth according to market conditions as we see them. Often, the other agent will send back their own CMA, which our script-loving agent eventually did at Sylvia’s insistence, but the comparable sales he used were not proper comps because they were 1) a lot smaller than the subject property (inflating the price per square foot), 2) not properly adjusted for the seller-paid closing costs that almost all of the sales included, and 3) not all from the same neighborhood, but, instead, cherry-picked comps from further away.

Asking a listing agent for the comps used to establish list price of an over-priced listing is a good and fair tactic because it exposes the over-priced listing price as being unsupported by market data. The agent usually cannot justify the list price, though sometimes they do offer rational debate, which sometimes has merit. Sometimes they just admit, “this is what the seller wants to try to get and I don’t have comps, but send me your best offer and I’ll present it”. This approach is appreciated because it’s the truth and we know sometimes agents take over-priced listings with the intent of getting price drops later on. Some agents actually appreciate the kind of justified offer we send because it helps them say to the seller “this is what I was talking about when we discussed list price, other agents know the market and will run the same comps I showed you before”, and helps them get the over-priced listing lowered to a more reasonable list price.

But when an agent sends back an embarrassing CMA that would flunk a Real Estate 101 Market Analysis course, that’s at the same time funny and sad. Especially coming from a “veteran” agent who ought to know better.

Next script:

“I’m going to need your buyer to come up to a price my seller can agree to so we can make this deal work and so you and I can both get paid our commissions”.

This one is paraphrased somewhat, as Sylvia couldn’t remember the exact script, but the “so we get get paid our commissions” part is accurate.

This script extends the “you’re stupid and you’re wrong about the price” bullying tactic, but it further assumes that the buyer agent really needs the commission and might be motivated to try to keep the deal together just so she can get paid a commission. Unfortunately, I think this also probably works with many agents, especially in a slow market where so many agents in Austin are struggling to get by.

I think some agents don’t fight as hard as they should for their clients because they do in fact need this deal to pay next month’s rent, and it possibly affects the manner and vigor with which they advise the buyer. They want the deal to work so they can get paid. just as this listing agent assumes.

But what Sylvia told the agent is the truth. We don’t care about the commission. Realtor-haters may not believe that or understand it, but for us it’s true, and for many very good and successful Realtors we know, it’s true. We do not hesitate, at all, to tell a buyer to walk away from a bad deal, and we do it all the time.

Sometimes the buyer really wants the house and is willing to pay too much, which may seem odd, but it happens. (This is what every seller dreams of, and why some houses do sell for too much). In certain circumstances that can be justified, for example, if your grandmother lives across the street and you need to be close by to care for her. Or this is the only available home in your price range that tracks to the prized set of schools you want your children to attend for the next 12 years. But absent those sort of factors, and when purchasing the type of “commodity” cookie-cutter home at question in our current example, there is no reason you should pay a price higher than the market value for a home, and your agent should be quick to tell you so and keep looking.

Finally, the parting shot, which rolled off the agent’s tongue like a tried and used script:

“I guess this house was just more than your buyer could afford”.

This rounds out the superiority complex that the set of scripts nourishes for this agent. A better, professional, Realtor to Realtor farewell would have been something like, “sorry we couldn’t work it out. I understand your position but I honestly think my seller is going to do better with the next offer. I hope your buyer finds something more suitable”.

One of the most important relationships we have as Realtors is our relationship with other agents. Every offer is a good offer, whether it works out or not. We always thank agents for sending us an offer and treat them with respect and courtesy. I can’t think of an upside to treating another agent poorly. I’ve seen some terrible, lowball offers tun into great deals for our sellers. And I’ve seen full price offers turn into nightmares. We never prejudge offers. We simply obtain a response from the seller with the assumption that the buyer really does want the house or they wouldn’t have taken the time to write the offer, no matter how low.

Neither me or Sylvia would ever wrap up the final conversation about a failed offer by insulting the other agent or his buyer. It’s too bad this other agent sees it differently.

Are scripts a bad thing?

No, scripts are not a bad thing. I used them for years before I even knew what they were or that I was using them. Instead, I would say something to a client or prospect like, “the best way I’ve found to explain this is … “, and then I’d go on and repeat something I’d said the same way a hundreds times before in response to the same question or situation. But it’s not something I designed or stood in front of the mirror practicing, like some agents do.

The difference between “good” scripts and “evil” scripts is the intention behind the script and the sincerity with which it is delivered. Many sales scripts, the kind you hear used by high pressure salespeople such as telemarketers and car salesmen, are intended to manipulate you toward a specific end that benefits the salesperson, but completely ignores whether or not you need the result sought by the salesperson or whether you’d benefit from it.

I was in a sales script training course once, taught by a highly successful Realtor who was sharing his techniques in a workshop format. He did some role play with a participant and demonstrated how a particular set of scripts would work during a sales listing presentation. When classroom participants would ask, “but what if they say this, or what if they say that”, the answer was “it doesn’t matter, just say the next line no matter what, and keep the conversation going in the direction you want it to go. Their answers don’t matter. Just stick to the script and eventually you wear them down”.

I thought it seemed creepy, phony and I didn’t like the idea of “wearing them down”. I’m not saying this stuff doesn’t work. It just ain’t my cup of tea, nor Sylvia’s. We probably have a lower listing appointment closing ratio than we’d have if we were more willing to practice and use scripts, but those kind of Realtor scripts are not for us. We want people to know and trust us, not our scripts.

So, the scripts we do use are mainly informational and help people better understand a circumstance or situation. For example, I have an “old house” script, which means that buyers who are interested in older 1970s homes will hear me go over a set of realities that are going to come into play at inspection time, which is that the older homes produce “ugly” inspections due to code related issues found in older homes. I’ll ask a buyer if she’s prepared to survive that sort of inspection, and I try to set expectations. This is to benefit the buyer by educating. It’s not a sales tactic to “close” a deal.

So, if you’re a Realtor who practices scripts, ask yourself who the script benefits. If it’s benefiting your ego, by belittling other agents, you are out of integrity and you are not in service to your clients, but rather your over-inflated opinion of yourself.

If you have scripts to “close” a buyer into writing an offer they are not ready to write, then you haven’t properly educated that buyer and you need to slow down.

If you use scripts to pressure sellers into listing with you, by over-promising the obtainable sales price, or “wearing them down”, you are again serving yourself and not the client, and you give us all a bad name when you do that.

If your scripts manipulate and pressure people rather than educate and convince, then you are, in my opinion, not a good Realtor and you should re-examine your tactics.

Imagine your grandmother needed to be escorted through a dangerous part of town, and you had to select from available bodyguards. One is a White Belt, a part timer with very little experience, but he returned your call in less than 10 minutes.

Another is a Black Belt with 20 years experience and hundreds of successful missions. Who would you pick for this important assignment? You’d go with the experienced veteran with the proven track record of success, right?

What if your child needed a special surgery, and you wanted to interview surgeons? What sort of criteria would you look for? What sort of questions would you ask? You’d probably ask “how many of these procedures have you completed, how long have you been doing it and what is your success rate?”, right?

Make up your own scenarios – you need an attorney to defend you against a frivolous lawsuit, or an accountant to assist with an IRS audit, or a tree person to work on your 300+ year old trophy oaks. Would you hire newbies with no track record of success? Probably not.

Buying or selling a home is an extremely important financial event, with many variables and 100’s of different ways that things can go wrong, yet the real estate industry, for whatever reason, is not one in which the customer typically uses a strong selection process when looking for professional help. Why is that?

In a real estate seminar I attended recently it was stated to us Realtors, “if you’re not returning your phone message and emails in less than 10 minutes, you’re losing business. 70% of buyers and sellers go with the first agent to respond, so you need to make sure you’re that agent”.

Crap. I’m still “old school” and think that it’s ok to return a non-urgent call within one business day, though I’m usually much faster. But I don’t go for the 10 minute rule. I don’t live my life in permanent hyper-response mode. I’d go insane.

So what would be better selection criteria that would be easy for consumers to understand and relate to? What if Realtors had a ranking system, such as in martial arts, where one earns progressively higher belt color rankings as their experience and competence grows?

And what if we had to wear these belts to listing appointments. Might that change things a bit for agents and the customer as well?

Brand new Realtors, fresh out of real estate school and passing their test, would have to wear a White Belt, signifying to all that they’ve never closed a real estate transaction and they’re brand new. After one or two completed deals, they could be promoted to Yellow Belt, and so on. Of course Realtors like me and Sylvia, with 20 years experience and hundreds of successful transactions would be Black Belts, as would our peers who have paid the same dues and gained the same level of experience.

In the martial arts world, it takes about 6 years to achieve Black Belt status, depending on the discipline being studied. To become a Master Plumber in Texas takes about 7 years. I’m not sure about Electricians, or HVAC specialists, but there are many examples in life of individuals having to work long and hard before achieving a status that is recognized as being a “master” level.

Yet in real estate, if you can pass the test and return your phone calls and/or emails in less than 5 minutes, that will be the main selection criteria used by the majority of consumers who are looking for help. That’s it! Be the first one to call back and you might have your first listing. Is that stupid or what?

What’s really unfair about this is that when one of these White Belts Realtors screws up a deal big time, the entire industry gets a bad rap but nobody ever asks the person telling everyone about his lousy Realtor what sort of questions were asked before hiring that Realtor. They never scrutinize the hiring process that resulted in the hiring of the deficient Realtor.

We run into agents regularly who have no business being in the real estate business. They don’t know what they’re doing. Yet someone hired them anyway, using criteria and rationale that would never be used to hire equally important advisors or councilors in other industries. I guess real estate is just weird that way.

So, next time you’re interviewing Realtors, talk to more than one. Not just the one who you reached first. And ask them what belt they are. Make them tell you, if their real estate experience were equated with martial arts, what “belt” they’d be. Why pay the same fees to a White Belt Realtor that you would for a Black Belt Realtor?

Better yet, here are some sample questions:

1) How many homes have you sold in the past 12 months?

2) How long have you been selling homes?

3) What is your success rate? (Percentage of listings that actually sell)

I could write a longer list, but these three questions alone would provide enough insight to help most customers get started with a proper selection process.

Sylvia and I are excited to announce that, as of today, we have reverted back to the business structure under which we operated from 1993 through 2004 as Crossland Real Estate. Sylvia is Broker and Head Honcho and I just do what she tells me. We are no longer with the Southwest Market Center of Keller Williams Austin. We are once again an independent, home grown Austin real estate company.

It’s been a great 4 years at Keller Williams and, as I was telling agents at the office today, I don’t believe that Sylvia and I would be the caliber of Realtors we’ve become had we not done our 4 year stint at Keller Williams.

The Southwest Market Center in Austin is the original, first Keller Williams office started by Gary Keller in the 1980s. It is the #1 real estate office in the world, on many different metrics, including number of sales and number of agents. It’s considered the flagship office of Keller Williams – the mother ship – and is the frequent host of tours for other Keller Williams market center staff from around the country who want to come see how we do it here in Austin.

Sylvia and I have enjoyed being a part of this amazing company and this office, and we especially enjoyed the honor of serving on the ALC (Agent Leadership Council) for the past two years, which is the body of top producing agents that runs the Southwest Market Center. I feel like, even though we both had a lot of experience as Realtors before we joined Keller Williams in 2005, we never would have received the type of training and exposure to ideas that we experienced at Keller Williams had we remained Mom and Pop forever and not ventured out to see what it would be like in a different environment.

So why the move? Why switch?

We’re tired, man. Frankly, it’s hard work operating at the level we’ve been at for the past few years. Non-Realtors may not know the real estate terminology of “Production”, or “Closed Volume”, or “Gross Commission Sales” (GCI), but Sylvia and I had what I think will be our career peak year last year in 2008, during a slow market, with just under $10M in closed transactions. That’s not anywhere close to what some of the elite, high production agents achieve across the U.S., but it’s a lot of sales, roughly 4 closings a month. It takes a lot of effort and energy to do that. We’re tired and want to slow down.

So, the plan is to continue building our investment portfolio of managed properties, and focus more on listings and less on buyers. That doesn’t mean we won’t help buyers – we love working with buyers – but we will scale back on the number of buyers we work with and we’ll be more picky about who we take on and less tolerant of tire kickers. When we’re running full tilt, we can each handle 5 to 10 buyers at a time. We’ll probably scale back to 1 or 2 at a time and refer the overflow leads to other agents.

The buyer side of the real estate business is at least twice as demanding as the listing side, especially the 4 to 6 hour days in the car in 100+ degree heat, in and out of houses. Only about 1 of 5 buyers that engage us end up buying, which is why we have to run so many at a time. And that’s actually a better ratio than most Realtors achieve. We’re pretty picky already, but still, it’s a numbers business and, as all productive Realtors know, you have to work your way through a lot of uncompensated time, effort and expense to get to the next buyer closing. And you unfortunately have to know when to cut people loose and when to remain patient. It’s not always an easy call, but you have to be able to make the call anyway.

So, from a strictly business decision standpoint, the time freed up by working with fewer buyers can be reallocated to handling more property management accounts and seeking more sales listings. We still run a fairly small boutique portfolio of managed properties, about 35 at present. That’s compared to almost 250 I handled in the early 2000s. We won’t grow to 250 “doors” again, but a target portfolio of about 75 is reasonably easy to handle and provides a more predictable and stable return on time invested than does an equal amount of time chasing down buyer leads and showing houses to people who aren’t really sure they even want to buy.

Finally, on a more personal note, we feel like we were getting sucked up into a more expensive lifestyle than we really need or desire. We both come from very frugal, low budget roots. My father was a tightwad Navy Officer who raised our family in a tiny, cheap house even though he could have afforded better. Sylvia’s mother was an artist and college art professor, so she didn’t grow up with lavish things either. As a young newlywed couple, Sylvia and I scraped by as I worked my way through college. I didn’t even own a vehicle less than 10 years old until I was 35 – not because I couldn’t buy one, but because I thought new cars were a waste of money. I still do, but I’ve bought four in a row over the past 11 years, justifying it by saying “I’m a Realtor, I need a nice newer car”. Yeah, I need a clean decent car, but not a new one every few years.

We know how to live cheap, save and build wealth, mostly through investing in rental properties, yet an increasing amount of the fruits our professional effort is going toward supporting a lifestyle that’s out of sync with our basic frugal values or needs. Think of us as “Cheapskates Gone Wild”.

It’s weird too how spending more just creeps up. How the ability to afford stuff creates a desire and an urge to have the stuff. In a reverse logic sort of way, which might not make sense to some, it’s more profitable to earn less in America, at a certain point. There is a cutoff at which, for most people, additional earnings result in a higher proportional increase in consumption and spending. It’s like a law of nature that takes over or something. Anyway, we’ll have more left over money, discretionary income, on half the revenue we’ve been generating. I know it sounds crazy, but it’s just how it works.

Also, I nearly got choked up the other day as I realized we have less than two years remaining living as a family of four. Our oldest daughter will be off to college in two years. My youngest will attend all 4 years of high school with no big sister at home, and there will then be just three of us. Four years later, it will be just me and Sylvia as our youngest heads to college also. Then what? Retire?

We don’t want to look back on these next 6 years and say “well, we finally cracked the $15M threshold in closed sales but hardly ever saw the kids”. No, that’s not what we want to remember as our primary focus or achievement.

So we’re setting aside more time for family and less time and effort toward selling real estate or trying to maintain ourselves as “top” agents in our office. And that’s very doable by simply getting back to basic living and the simple no frills business philosophy that we started with in the early 1990s. And it doesn’t mean your referrals and repeat business will receive anything less with regard to the quality of service we provide. You’ll just be one of fewer clients that we’re juggling.

Finally, I look forward to writing more later, in another blog, about what it looks like to be scaling back a fairly big and costly real estate business setup to something equally as effective but far less difficult to manage. We’ve now operated at both ends of the spectrum, and all points in between, as we’ve started, bought, sold, expanded, downsized and run our real estate business in various forms and setups over the past nearly 20 years.

We’re at present scaling down from spending more than $30K over the past 12 months with KW on commission splits ($18K), office rent ($6K), admin fees, copy fees, phones, etc. to a $30 per month mailbox at a postal shipping store and working again out of a home office and meeting clients at Starbucks, or wherever.

How’s that going to work?

Actually, pretty darn well. None of our listing clients ever even came to our office. Buyers did, often, but that can be worked around fairly easily, thanks to Starbucks, WiFi and something called a Laptop. The “officeless” way of doing business and the amazing tools available today make possible all sorts of things, and I look forward to writing more about the tools and services we use as Realtors that make having an expensive brick and mortar office, for us, now obsolete.

There is an article in the Sept/Oct edition of the Austin Apartment Association magazine "Window on Rental Housing", written by Austin Attorney Bill Warren, which addresses the growing problem in the apartment industry of rouge reviews and rants about apartment complexes and the management.

As a renter moving to Austin, you can go online and find reviews about the various apartment complexes. There isn't a central repository of reviews, or a website that dominates this niche, but there are numerous websites trying to capture this market. These are not generally glowing reviews. The ones that are favorable often don't seem genuine because they're just a bit too gushy, so one wonders if the apartment personnel wrote some of those.

I've found a smattering of reviews about Austin Realtors as well. Not surprisingly, most Realtor reviews are unfavorable. Sylvia and I solicit our own reviews from clients after every deal via a survey we mail out. We post them on our website (though I need to update that page). We've never received a bad review. But because we also manage rentals, we are subject to the rants and anger of tenants.

Just yesterday one of my tenants called to say he needs to break his lease. I explained what the lease agreement says about that, and what needs to happen to remain in integrity with the lease agreement, and of course, as usual, it went down hill from there.

"I knew you were going to be difficult to deal with", the tenant said. To which I replied, "Whoa, hold on there. What are you being asked to do that you didn't already agree to when you signed your lease contract?".

I've been working with tenants for almost 20 years now, and am resigned to the fact that when asked to do waht was agreed, especially when they need to break the lease, tenants often don't like it and lash out against the property manager. I've seen some really rotten reviews written about property managers.

So, what if someone writes up a nasty tirade about Steve Crossland, the "worst landlord in Austin", and excoriates me for "not being reasonable", as was alledged yesterday when I simply remided a tenant of what was written in the lease agreement? That's where Google comes to the rescue.

Using the Google Alerts tool, anyone can monitor any keyword phrase you want and be alerted when that keyword phrase appears on the internet. I have Google Alerts set up for "Steve Crossland" and "Sylvia Crossland" and "Crossland Team" and "Crossland Real Estate", as well as some others, including my kid's names (hint to nosy parents), and terms such as "Austin Real Estate Market" that I just like to follow in news stories and other blogs. I will thus be notified if any of those search terms appear anew anywhere on the internet.

If attorney Bill Warren, referenced at the start of this article, has a Google Alert set up for his name, he'll be receiving a "Google Alert" email probably within an hour of this blog article being posted, and he can click the link and come here to read what was said about him.

These Google Alerts are very important for service providers and business owners in protecting your name and reputation. If you don't have them set up, do it now, today. Don't wait. You don't have to use Gmail to use the alerts. They can be sent to any email address.

Rather than being clueless and unaware about what might be written about you on the internet with regard to your products and services, you really have to be on top of things and guard your reputation. Even if you don't own a business, it's not a bad idea to keep tabs on where your name appears on the internet.

I in fact have not needed to take action about anything that has been written about us. We've had no bad reviews written that I've found, but if one were to be written, I'd find out right away and be able to take appropriate counter measures.

What would appropriate action be if you are slammed by a bad review or tirade?

1) If it's something written in a public forum, I would respond with my side of the story, and some additional facts. I'd try not to attack the disgruntled person, but would instead simply provide more details so readers could make up their own minds. This is the approach I've seen taken by product vendors when their software or product receives a bad public review on technology forums or other websites. I think it's a good approach. It's always better to take the high ground and be nice.

2) If it's a straight out pack of lies, or slander, then I would take more aggressive action, such as a letter to to website owner demanding removal of the content. The problem is, these "public comment" review websites are unregulated, and many take a sinister delight in letting anyone say anything. It might take an attorney to get something done in that case. But it's money I would not hesitate spending.

If the offensive content starts to show up in web searches for you, your company or your product or service name, you better get on it. It can really cause you problems. Worse, if the content is fact based truths about some sort of screwup you committed, you legally can't do anything at all about that.

For example, I wrote a truthful and fact based review of a lender who ripped off one of my buyers a few years ago with outrageously high loan fees. That blog article promptly became the #1 search result in Google for eLendDirect and eLendDirect.com. It's still here on my blog, and it's still number #1 in Google. The CEO, Marc Griffith, refused to rebate the bogus loan fees to my buyer, and threatened me with legal action. Since everything written was in fact true (I simply listed the fees charged), he had no leg to stand on, and I held my ground in defense of my buyer, who paid the fees instead of delaying the close and switching lenders as I suggested.

A Realtor friend of mine had an angry buyer, who wasn't even his client, register his {FirstLast.com} name and put up a website calling him the "worst Realtor in Austin", with a photo (stolen from his real website) and everything. My friend called me for advice. We figured out where the guy worked by googling him. My friend contacted his employer. The employer made the guy surrender the domain name and take down the website, as the behavior was not something the company endorsed, to their credit. But the entire episode was very unsettling for my friend and it took 6 months to get it resolved and cost him lost sleep and stress.

How would you like it if a search for your business name, or your personal name turned up unfavorable write-ups or bogus slander? There is not much you can do to stop it from appearing initially (other than conducting your business properly and being nice to people), but you can use Google Alerts to be notified right away and take action faster if and when it does happen. And like most of Google's tools, it's a free service. Go sign up now! Don't wait!

It's called a "buyer's market" because real estate buyers have a market advantage over sellers. The buyer advantage is a result of high inventory and lower demand. Buyers have a lot of Austin homes to pick from, and there are more homes for sale than there are buyers to buy them. This means Austin buyers should be getting great deals, right? Wrong. Many don't.

Many buyers give away their buyer's market advantage in favor of indulging a highly particular and restrictive set of search criteria. In other words, some buyers are looking for the "perfect" house, and once they find it, they are not willing to walk away even if the seller stubbornly holds out for a higher price than market conditions should bring.

The buyer doesn't have a strong #2 or #3 choice to move on to. Instead of enjoying the benefits of an ample selection of homes, some buyers create their own artificial shortage of homes by ruling out adequate candidate properties, and thus limiting their options, and thus their negotiating leverage. So long buyer's market, for those buyers.

Many sellers might be saying, "yeah, well bring me one of them there picky buyers because we're priced too high and we need to get lucky". Well, some of you will. Not many of you, but enough to keep the others hoping.

Here's the thing if you're a buyer in Austin....

In this type of real estate market - a buyer's market - you ought not be shopping for the perfect home, but the perfect seller. You want a motivated seller ready to be flexible on price, one who actually wants to sell the house versus a seller who is just trying the market on for size. Our buyers who are willing to walk away from two or three deals before they find the really motivated seller are the ones getting the really good deals. To accomplish that, you have to have the pragmatic, low emotion mindset of an investor. Otherwise, in this market, if you pay top dollar for your "perfect" home, you are upside down the day you close because you paid too much.

Our investors consistently obtain much better purchase prices than our owner-occupant buyers. There are exceptions, of course, but over time, this is what we experience. The reason is simple. I can show an investor a set of 15 homes and we'll find 5 or 6 that are suitable candidate properties worthy of an offer. If the first seller isn't willing to be flexible, we'll move on to the second, third or fourth choice. The investor is not emotionally attached to a particular home, but is focused on obtaining a below market purchase price.

Out of the same set of 15 homes, an owner-occupant buyer might find one or two possibilities, but will still want to keep looking. The typical owner-occupant buyer isn't always focused on value, but on emotional satisfaction. This isn't necessarily the wrong approach, and perhaps "picky buyer" could be termed a more forgiving "lifestyle buyer", but either way, it's not a wealth building strategy. It would be like passing up a superior stock pick because you don't like the company's logo.

To pass up better deals in favor of cosmetic design preferences of no financial consequence is an emotional approach, not a financial decision.

So, should buyers throw their personal preferences out the window and just go out an low-ball 6 offers until they find the best deal? Of course not. But what we find is, at the end of the day, the same three criteria of price, location and quality/size are the dominant decision items. Each buyer, whether you consciously think of it this way or not, has a set of Must Have, Should Have, and Could Have preferences.

Where people go astray is in allowing the "should haves" or the "could haves" to rule out otherwise suitable homes.

For example, if a buyer loves almost everything about a particular home but says "I hate these tile floors", we can cure that problem with a dollar amount. It costs about $1.50 per square foot to demo/remove ceramic floor tile, and about $5 to $7 per square foot to install very good quality wood flooring. So if we're talking about 700 square feet of ugly tile, you convert that to $5,250 and factor it into the offer you make, but you don't rule out the home and keep looking just because of the tile, as most buyers are apt to do.

And let's think for a moment about what we do in a home. I'll use myself as an example. First, I wake up in a warm bed next to a wife of 18 years who loves me. I stand up upon carpet, walk into a master bathroom where the plumbing works, take a hot shower and get dressed and ready for my day. The color of the carpet, tile, shower fixtures, etc. don't really impact my life. Yes, I like my house, and find it aesthetically pleasing, but really, does the color of my bathroom counter really matter to my happiness and ability to get up and get dressed?

Next, I go into a kitchen that has food, and I cook a hot breakfast for me, my wife and two beautiful kids. I do this every morning, seven days a week. And I could and would do it, and the food would taste the same, and our breakfast table chatter would be the same, no matter the layout of my kitchen, the color of the granite, whether the floor is wood or tile. None of that really matters, does it? Is life really about the designer aspects of our homes? Or is it something else?

Next I leave the home, driving one or both kids to school, and I often don't return to the home for 8 or 10 hours. And when I do, as in the morning routine, my life and happiness are not determined by the cosmetic features or colors of my home. Sorry, that stuff just doesn't matter that much. And then I spend another 8 hours sleeping, during which time I am unaware of and oblivious to the quality or appearance of anything other than my bed.

But to buyers looking at homes, you'd think the cosmetics and nuances of the layout and floor plan would be life determining factors. That off-shade tile will most certainly rob the buyer of all future happiness, so we better keep looking, right?

When my family moved to San Diego in 1966, I was 4 years old. My mom tells me she and my father bought the one and only home they looked at. I was stunned to hear this a few years ago when I asked her "how many homes did you and Dad look at when you bought the house in San Diego?". She said that one looked like “it would do”, and they already had some Navy friends living in the neighborhood who had recommended they buy there. That was the extent of their house hunting process.

Near the end of my Dad's life a few years ago, as he was fading into Alzheimers, and we talked about life and love, he never did say "I wish we would have looked at more houses before we bought that one in San Diego back in 1966". The one he owned for 26 years, that was 900 square feet, and in which he raised two sons.

Folks, the petty stuff that must of us obsess on in life (and I'm as guilty as the next person sometimes) just doesn't matter. It doesn't matter at all. Honestly, it doesn't.

Any home can be filled with love and happiness. Any home can house smart, happy kids who grow up to be great people. Ay home can be a great place for grand kids to come visit and ride on Grandpa's shoulders. Those outcomes won't be determined by the color of the tile, paint or formica. Nor whether you have gutters or a covered patio or bronze doorknobs. Your life and hapiness will be determined by the quality of your time spent together. You don’t need a McMansion or a show place to live happy lives. Yes, you want a house you like, but keep it in perspective and in the context of your financial and family goals.

Now, go find a perfectly adequate house for a great price!

December 22, 2008

The sales volume in Austin fell of a cliff for November, with only 914 sales of single family homes. That represents a 43% decline in the number of homes sold. The number of "Not Solds" (expired or withdrawn) took a big jump also, to 62% of all listings that departed the Austin MLS in November. If you remember last month's market update, I predicted the Not Solds will hit 70% in December 2008. November stats haven't changed my mind.

Let's look at the breakdown of Austin single family home sales for November 2008:

· Number of homes sold is down 43% (was down 28% last month) from 1,594 Nov 2007 to 914 Nov 2008.

· Average list prices in Austin were down 5.29% over the same month last year to $250,609. This means sellers/agent are doing a better job of pricing the home correctly out of the gate.

· Average sold prices in Austin were down 6.17% over the same month last year to $238,072 from $253,718 a year ago. So, list prices are down 5% but sold prices are down 6%, which tells me sellers are still chasing the market down.

· Median sold price was down 1.87% to $185,000. Last year in Nov it was $188,527. Median prices had been holding their own each month this year, so the downturn in this particular metric is something new.

· Average List to Sold price ratio is 95.00%, down from 95.89% the same month last year, again demonstrating that sellers are still chasing the market down.

· Avg sold price per square foot is down 7.41% to $109 compared to $118 a year ago in November. This is a huge drop.

· Avg days on market is up 12 days (18.75%) from 64 last year to 76 this November.

· Median days on market is up 11 days (24%) from 45 days last year to 56 this year.

• Number of "Not Sold" (exp or withdrawn) is up 43% over the same month last year, to 63% of all removed listings compared to 46% for the same month last year.

None of this is favorable if what we want is a normal, rising market, but in the context of elswhere in the country, it's actually pretty good.

The stats outlined above are shown in the chart below.
 

So, are these grim numbers cause for alarm? Not at all, and here's why.

October 2008, when the offers for Nov 2008 closings were written, was dominated by continued financial spiral and economic uncertainty. It's not suprising that buyers hunkered down. Since Oct 2008 was anything but "normal", it's no surprise that Nov 2008 closings are down. I expect Dec will be just as slow comparatively, though the interest rate drops seem to be bringing some buyers out of the woodwork. And the Median sold price in Austin is still up 3% year to date over last year while the average sold price is down only 1%.

Let's take a look at Austin's Year to date sales stats:
 

 So, while Nov looks pretty darned slow, and December will no doubt be the same, the year overall has held up about as good as anyone could hope. There are few cities in the U.S. who would not trade their economic numbers and real estate market for ours here in Austin.

Finally, let's look at the November breakdown by price rance for a better understanding of which homes are selling and which are over-supplied.
 

What does this tell us? It tells us the the seller or buyer of a home priced under $200K is living in a completely different real estate market than the buyer or seller of a home priced above $300K. In the "below $150K" range, homes are selling in less than 60 days and we have less than a 6 month supply, even using the dismal Nov sales volume as the denominator instead of the average of the past 12 months (the other way to do it).

In a balanced market (neither buyer or seller have the economic advantage), 6 month's inventory is considered the balance point, and home will sell in about 60-90 days, on average. Of the 914 homes that sold in Austin in November, 56% were sold for less than $200K, and a massive 80% of all homes sold in November in Austin were priced below $300K. Homes priced above $300K simply have an insufficient number of buyers to absorb the current inventory.

The "Month's Supply" column shows the relationship between the number of active listings and the current volume of sales activity in that range. Moving down the price ranges we see the sobering reality that sellers in the higher ranges face. For example, we have a listing priced at $569K. There is a 14 month supply in that price range, with 213 other homes priced between $550K and $600K, and only 15 in that range sold last month. We'll be riding this one out into the Spring with the seller as the showings have essentially grinded to a halt since October. In this case, dropping the price to the lower $500Ks won't even create much of a change in foor traffic, because there simply are not enough buyers out looking for homes over $500K, so patience is the only viable option.

Likewise, a buyer qualified for up to $600K has a lot to choose from and if that buyer is flexible in their requirements, can submit agressive offers on many different homes until they find the most motivated seller. Bargain hunters looking below $250K have experienced more frustration, as it's simply not a buyer's market in that range.

As usual, questions and/or comments are welcome.

Today is the deadline for Austin Realtors to pay annual board dues. It cost $347 to remain in business as an Austin Realtor for 2009. That may not sound like much, but many agents don't have the money, and they don't have any listings or active buyers. For some, it's a very depressing decision to make - stick with it or give up. Many of course do give up, which is probably the best decision.

Looking at the dues I've paid into the Austin Board of Realtor and the MLS for 2008, the total is $1,133.50 in ongoing dues and fees. So agents who do pay the $347 due today, will have to cough up another $393.25 in Feb, and that amount again 6 months later.

The thinning out of agents is healthy for our industry. Those who monkey around doing a deal or two a year part time really shouldn't be practicing real estate, in my opinion. I don't see how anyone can maintain an appropriate level of expertise and knowledge if they are not in the mix day in and day out, closing sales, dealing with problems, helping people and learning. And that means that the people they do help are not receiving a level of perspective and knowledge that busy, experienced agents can provide.

So, while I don't wish ill will for anyone, a lot of Austin Realtors won't pay their dues today, and good riddance to them. They need to go find something they can approach with more passion and success. This business isn't for everyone. In fact, given the failure rate of Realtors nationwide, year after year, good markets and bad, it's a business for very few.

Why do so many fail?

For the same reason so many people can't lose weight. There is NO SECRET to succeeding in real estate. The recipe is simple and easy to follow, just like losing weight. But for reasons I can't explain, very few actually do what is required. Instead, they try something different, or focus on inconsequential ancillary issues, such as how their business card should look, or what contact management software to use. Meanwhile, they are doing NOTHING to generate leads. This is an amazing thing to witness, but I see it over and over again.

Then, when failure becomes apparent, the blame game starts. "This market is just too tough right now". Or, "what's wrong with these buyers? They can't make a decision". Or, "I can't get my sellers to price the home reasonably". And on and on.

Sylvia and I feel blessed and lucky, but we work really, really hard. And a lot of the hard work is pure grunt work, making phone calls, staying on top of things, talking to past clients, calling FSBOs and Expired listings, previewing homes, attending training and economic functions, networking, prospecting and planning. None of it is easy, but it's not complicated.

Fairwell fellow agents. Good luck in whatever you do next.

Every now and then I wander into some online Realtor Forums to share and trade ideas, see how markets are doing in other places, and see if I can answer questions or learn something new. The most disturbing thing I come across regularly is the misguided mindset of so many Realtors about their role as an agent. Most recently, this came up again around the issue of real estate inspections and whether or not we as agents should recommend specific inspectors to our buyers.

One agent posted "I offer them the Yellow Pages or to use a recommendation from a friend" to find an inspector. God help us all.

Why would a professional real estate agent hold this lame position? First, her Broker's attorney may insist upon it. It's a risk avoidance issue. Agents accept greater risk when we put ourselves on the line with specific recommendations for inspectors, lenders, vendors, etc. I understand that viewpoint, but I think it's a copout. What it says is that the agent is more important than the client. That it's more important for the agent to protect herself legally than to provide better than mediocre service. Whose interest is being served by that, and what does it say about the agent who follows this approach? It says that you the client are not very important.

Sylvia and I do recommend specific inspectors to our buyers, and we absolutely DON'T want our buyers randomly picking inspectors from the Yellow Pages. I also attend the inspection and estimate the repair costs of items noted on the inspection report. I then advise and educate the buyer about which items are normal and expected versus items for which we should seek remedy or cost offsets from the seller.

In other words, I'm in it up to my elbows with the buyer during the inspection process. What am I supposed to do - hide out in a coffee shop during the inspection and tell my buyer to call around for some bids if he wants to know how much a new water heater and a roof repair will cost?

Most competent real estate attorneys will tell me I shouldn't be this involved. But I think the risk and liability in mine and Sylvia's transactions is reduced by our greater involvement, not the other way around. So I don't listen to the attorneys because I have no desire to be a "do nothing" Realtor who avoids questions and doesn't provide information for fear of being sued. I instead choose to provide a high level of service to our clients. I choose to be a "Fiduciary" instead of a "Functionary".

This difference between a Fiduciary and a Functionary is spelled out on pages 96 and 97 of The Millionaire Real Estate Agent book.

The chart below outlines the differences.

 

Who would you rather have working for you. A low skill, narrow focused dolt who is so unsure of himself and those he recommends that he won't even provide a reference for an inspector? Or would you prefer an experienced agent who operates on a higher level? Before you hire one, try to determine which they might be.

The book also notes:

"For the very best real estate agents there is a level of service they provide that goes beyond their purpose and value proposition. It is the commitment they make to the buyer and seller to act as a true fiduciary - to place their client's interests ahead of the interests of all others. Even their own. ...

Interestingly enough, a fiduciary can easily do functionary work, but a functionary cannot easily do fiduciary work. Top agents understand this and, as a result, work really hard to provide fiduciary services to all their buyers and sellers".

Every real estate client deserves, and should demand, the highest level of service not only from Realtors but from everyone with whom you do business. We demand this of our vendors, on behalf of our clients, and we're not bashful about what we want and expect. If they don't deliver, they are removed from the list of people we use and recommend. One strike and you're out. If you screw something up for our client, you better fix immediately without any flack or arm twisting, or we'll fix the problem ourselves and you'll receive no further referrals from the Crossland Team.

So, when we tell a buyer that we have some very good inspectors who will do a great job for them, we mean it and we stand behind it. When we send a buyer to a specific lender, that lender better perform, or they are off the Crossland Team vendor list. When our virtual tour guy says the tour will be ready by Friday, and we've told our seller we'll have the listing up on Friday, that virtual tour better be ready, or we'll be looking for another company to use. Same with home stagers, plumbers, carpet cleaners, painters, etc.

Should we demand anything less? Should you demand anything less?

We expect a Fiduciary level of service from everyone we do business with. We can't function at a high level for our clients unless we surround ourselves by other fiduciary-minded people who are willing to be held accountable to a higher standard that the industry norm.

When you hire an accountant, do you want one who just plugs your numbers into Turbo Tax and prints out your tax return a few days later? Or do you want a fiduciary-minded accountant who will ask a lot of questions, dig around in your numbers, and look for ways to reduce your tax liability?

When you visit your doctor, do you want one who comes in to say hello for a few minutes before he leaves you to the nurses and heads to the next patient? Or do you want one who asks a lot of questions about how you're doing, your lifestyle, exercise, eating habits, your kids, etc?

Ladies (and maybe some men), when you get your hair done, do you want your stylist to just go through the motions and give you a standard cut? Or do you want her to really look at your face, your complexion, skin tone and color, ask what you do for a living, and make suggestions about the style and cut that will compliment you most?

And when you ask your Realtor for the name of a good inspector, do you want to be directed to the Yellow Pages and told to ask your friends for a referral? Or do you want the name and number of one or more good inspectors with whom your Realtor has positive past experiences and stands behind 100%?

I wrote recently about Social Media tools and whether they can aid and assist Realtors in selling homes and acquiring leads. I am skeptical of whether these tools, such as Facebook and Twitter, provide a sufficient return relative to the time invested in using them.

Well, I had enough feedback and counter-points offered to me in the blog comments posted and also in discussing this further with some friends and other agents that I decided to give it a whirl. So, I've been Twittering everything I do all week (within reason). I have some initial observations about the experience.

First, and most unexpected, is that this ridiculously stupid activity has caused me to become more focused in my daily tasks. How's that?

Well, I do what I say I'll do. It's part of my mission to live a life of integrity, and paramount to that mission is that my actions match my words. So, if I Twitter that I'm "clearing my emails to zero inbox", then that's what I'm doing and I'm going to finish that task, because I said I would.

Before I posted my activities on Twitter, I'd simply sit down in front of the computer with the intention of clearing my emails, but would often get distracted or side tracked. Now, having "announced" my task at hand in some odd way focuses my effort in a way that was not anticipated. I'm sure there is a psychological explanation for this. And I doubt it is the mission of Twitter to help the world become more focused, but at present, this is the most notable result of my Twittering thus far. Twitter seems to be functioning for me, to some degree, as a "real time" public to-do list, to which I am able to more strictly adhere than ordinary task lists.

Next, though I have accumulated only 14 "followers" on Twitter, I've had 18 click-throughs on web links that I've posted with my twitter posts. None of these have tuned into leads, but 18 new website visitors is nevertheless a measurable and trackable result, no matter how small. Perhaps a year from now, should I choose to keep it up, I'll have many more "followers", and perhaps some of that traffic will translate into new leads. We'll see.

Finally, my observation about producing the "tweets" is that it requires simply no measurable effort on my part. We're talking about 15 seconds at the most, between tasks. Also, from my iPhone, I can post what I'm doing, which takes perhaps 30 seconds because of the slower typing. It's amazing to become aware of how many 30 second dead zones one has in a day once there there is an activity available that can be accomplished in that short amount of time.

So, as pedantic and narcissistic as I find the entire concept of Twittering, I have to admit that my initial judgments were incomplete, and that, in the time spent thus far, I have not yet determined Twittering to be an activity entirely without merit. Since the effort required is of no consequence, and I haven't ruled out the possibility of future upside, I will continue the experiment.

If you'd like to follow me on Twitter, click here and sign up.

The number of residential single family home sales in Austin took a 28% dip for Oct 2008 compared to a year ago. The number of "Not Solds" (expired or withdrawn) took a big jump also, to 59% of all listings that departed the Austin MLS in October. These are grim numbers, but the remaining metrics that we track are again holding up pretty well nonetheless. In short, fewer homes are selling, but the ones that do sell are fetching prices near or or above last year's sales. Most sales currently are for homes selling below $200K.

Let's look at the breakdown:

 · Number of homes sold is down 28% (was down 14% last month) from 1,717 Oct 2007 to 1,227 Oct 2008. Last month (Sept) saw a decrease in the slowing of sales, but this month (Oct) headed back the other way again. I think the remainder of this year is going to be very slow as well.

· Average list prices in Austin were up 1.16% over the same month last year to $259,128.

· Average sold prices in Austin were down 0.29% over the same month last year to $247,687.

· Median sold price was up 5.46% to $195,000.

· Average List to Sold price ratio is 95.58%, down from 96.42% the same month last year.

· Avg sold price per square foot is down 2.13% to $115 compared to $117 a year ago in October.

· Avg days on market is up 4 days (6.15%) from 65 last year to 69 this October.

· Median days on market is up 7 days (16%) from 43 days last year to 50 this year.

• Number of "Not Sold" (exp or withdrawn) is up 29% over the same month last year, to 59% of all removed listings compared to 46% for the same month last year.

The stats outlined above are shown in the chart below.

 The Year-to-Date figures through Oct 2008 tell a similar story, though less pronounced than Oct. See the chart below:
 

Let's look at the breakdown of sales by price range, and we'll see that 52% of all sales in Austin for October were in the sub $200K price range. Stunningly, there are 503 listings priced at over $1M, yet only 14 in that price range sold in Oct. The $1M price range in Austin is grossley over-supplied at present.
 

So what's in store for November and December as we ride out the end of 2008? I suspect that sales activity will come to a grinding halt. Removed listings (expired or withdrawn) may top 70% for December as sellers finally give up and pull listings for the holidays. I haven't researched past stats, but I can't imagine we've ever had a month in which 70% of listings departed the Austin MLS unsold, so it's not a fun prediction to make, but we'll see.