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Sacramento Home Buyers: Your Agent's Mistakes May Cost You That Home

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

sacramento short sale agentIt seems to be some sort of secret in Sacramento, and perhaps elsewhere in the country, that nobody talks about. Of course, when I talk about it to my husband, he says I shouldn't care and, if I care strongly enough, maybe I should be working for a nonprofit instead of selling real estate, but the truth is I do care. I can't help but care. It's in my nature.

It pains me to see offer after offer from eager first-time home buyers that quite clearly illustrate why those home buyers will probably never buy a home, regardless of how many offers they write.

For example, an agent faxed an offer to my office yesterday. He never called nor emailed to say an offer was coming. Fortunately, my office calls me every time a document or package is received. The first thing that came to mind was evidently the buyer's agent didn't read the MLS offer submission instruction, which asks for offers to be emailed. He also didn't send it to my fax number in MLS. That's starting out on the wrong foot right off the bat.

Here are the terms of that offer and how they reflect poorly on that buyer:

  • $500 earnest money deposit. You know what that says, right? It says the buyer may be broke.
  • The earnest money check is a cashier's check. Why doesn't the buyer have a checking acount?
  • The earnest money check is dated 2 months ago. Is the buyer writing 10 offers a week to see which stick?
  • Purchase price is 10% under the sales price. In a hot Sacramento market of multiple offers, this is just plain goofy.
  • Borrower is obtaining a special down payment assistance loan. This may not close in 30 days as dictated by the terms of most short sale approval letters.
  • Seller to pay 5% of buyer's closing costs. Now the offer is 15% under the list price. I have offers 15% over list price.
  • The buyer's agent is the mortgage broker. Some mortage brokers know very little about selling real estate.
  • The buyer's agent did not include a short sale addendum on a short sale listing. Does the agent and / or buyer even know this is a short sale?

Of course I'll email the offer to the seller. It's my fiduciary duty to do so. But she'll probably just toss it in the recycle bin. And that's a shame.

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Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments(65)

Thomas McCombs
Century 21 HomeStar - Akron, OH

I used to think that all Realtors should do things the way the rest of us would like them to.  And I used to think that those who did things badly would surely fail and leave the business.  But I find that I was wrong.  Many of whom I think of as the worst of the worst seem to do very well, thank you. They have found ways to leverage their time and effort -- possible by taking advantage of the Realtor on the other side of the transaction who is willing to go the extra mile. And there is always another client/customer to replace the current one if this deal does not work out.

Complaining to your Board of Realtors is unlike to bring any relief. So what's a conscientious Realtor to do? It seems that we must grit our teeth and keep on keeping on. No one said this was easy.

Aug 31, 2009 01:18 AM
Roy & Gail Barnhart & McKay
Barnhart & McKay Realty Advisors - Hudson, FL
Barnhart & McKay Home Selling Team

Yeah, I don't this I would recommend my seller entertaining such a weak deal.

Aug 31, 2009 01:52 AM
Hans Bruhner
First Priority Financial - Sebastopol, CA
Sonoma County Home Loans
I started my career in Sacramento. I am not that far away now. I have seen the mortgage broker who is a real estate agent but I expected these guys would be going away. With FHA being so big these days, and needing to be a W2 employee of the lender to do them, I would think this practice would be dying. So this mortgage guy has taken financing options away from the buyer as well. The way that he/she handled the offer, the financing is probably not in great hands. I thought most of the bad appleschad left the business, hopefully this person will be gone soon.
Aug 31, 2009 02:01 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I emailed the agent to let him know that I had received his offer and sent it to the seller. I pointed out some of his mistakes, suggesting those may be reasons for offer rejection. But that agent has not responded. Unless an agent specifically asks for help, I generally don't try to educate them because I find that some agents don't want advice. Besides, I've got enough on my own plate right now.

sacramento short sale agent

Aug 31, 2009 02:05 AM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

Elizabeth, I have a buyer right now using a city backed assistance program.  They've been known to close in 30 days, but it's risky to say so. I've been using a 45 term.  In your opinion, would I be better off to use 30 days and prepare my buyer to pay closing penalties should we go over 30?  We've written two offers since she was approved for this loan, and both times we were beat out on price although we offered over asking and had no credits back.

Aug 31, 2009 02:56 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Karen:

I get around this problem by putting 35 days in the contract. Agents don't seem to notice the "35" as much as they do the 45. Those 5 extra days can mean the difference between penalty or non-penalty. Or you could write 30 days and when it comes time to remove contingencies, ask for an extension via an addendum as a trade-off.

This is more of a problem on a short sale purchase, though, because many short sale approval letters call for closing to happen in 30 days or less. But when you know the approval is forth-coming, you could always start your buyer's loan early. Order the prelim and appraisal.

sacramento short sale agent

Aug 31, 2009 03:06 AM
Inez Meehan
Keller Williams - Torrance, CA

 

Elizabeth, great post!!  The problem with these agents after getting their RE licenses they don't take a day of extended education... Reading the MLS is a problem to some too. In the mean time i guess we must grit our teeth . grrrrrrr

 


Aug 31, 2009 03:35 AM
Tamara Perlman
Referral Network Inc. - Truckee, CA

Elizabeth--The frustration!  And it's not just this market.  Reminds me of a few years ago when I had 4 offers on a property.  One we countered the time frames, one the time frame and one detail, one the price and timeframe and then the fourth one, we filled up the counter offer form and attached an addendum to clean up all the issues the buyers agent missed or points she contradicted in the offer.  I kept hearing her telling her clients how "picky" my office was about all our forms and that we didn't really want to sell the property anyway!  I felt sorry for the buyers who probably never understood what happened and probably never found a property!

Aug 31, 2009 04:01 AM
Anonymous
Tammy DAVIS

As a buyer's agent who is writing alot of offers....I completely agree and follow the MLS listing to a tee. I also tell my buyers to give me their highest and best upfront, we are not playing a bidding game now, if you want the house you have to be serious.

But what gets to me is that some listings on the MLS are incomplete. We all know that when you submit an offer on an REO you have the REO addendum, pre-approval letter, copy of EMD, and proof of funds to close if you really want to be through. But so many listings do not include any of these requirements. It seems that they can barely post a picture on the listing. I understand that REO listing agents may have more work than they can handle (oh, to be in that situation....), but don't be so presumptuous that all agents can read your mind as to what your seller requires.

 

Aug 31, 2009 04:06 AM
#56
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Your post just demonstrates the fact that passing the exam and buying a real estate license does not make a person a Realtor.

Why are we so shocked? Real estate sales attracts a lot of folks who think it's an easy way to make money. They have no compehension of what they need to do to actually help buyers and sellers, nor do they have a desire to learn.

We keep thinking they'll fall away when no work equals no pay, and some do. But then others come along to take their places.

Your husband sounds like mine - "It's not your problem." But the fact that you do care is what makes you an agent that your buyers and sellers can count on.

Too bad you can't tell the buyers what's wrong with their offer instead of telling their agent. First time buyers especially need help from someone like you. Sometimes the Code of Ethics works against the consumer.

Aug 31, 2009 04:44 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I agree with most of your points, however, I will take exception with one. 

The deposit check is two months old.  In this market first time FHA buyers are having trouble getting offers accepted.  I do not want to run out and have them write a new check each time we make an offer.  When you quit taking multiple offers we will quit making them.

Aug 31, 2009 05:06 AM
Jirius Isaac
Isaac Real Estate &TriStar Mortgage - Kenmore, WA
Real Estate & loans in Kenmore, WA

So much to be said about this.  There are so many agents that are either stupid, ignorant, don't care, inexperienced, part time , have full time jobs, or just do not pay attention.  Most agents need to get out of the business or get some on job training. This can be on either side of the transaction and how often have we had to do the work for the other agent as well.  I do not even mind that so much if they ask for help because they are unexperienced, but for other reasons it drives me nuts.

Aug 31, 2009 05:32 AM
Tamara Dorris
Master Your Market Real Estate Coaching - Carmichael, CA

Hi Elizabeth,

That's just unbeliveable. And yes, as a fellow Sacramento agent, I do know how hot our market is right now. I've been writing offers well over asking price...in some cases up to 11,000 over asking....and in many cases, REO agents aren't returning or acknowledging calls....so glad to hear you think like I do. Note to self: try and sell Elizabeth's listings so I can work with her :-)

 

Happy Monday,


Tamara

Aug 31, 2009 05:38 AM
Joseph "Cathan" Potter
Coldwell Banker - Sebastopol, CA

I agree that you were presented a weak offer, but it is possible that is what the other agent's client requested the offer to be written-up as presented.  I agree that the agent should have recommended against it, but they have a duty to their client to write it up and present it.  (Much like your duty to present all offers to the seller.)

Several days ago I would have been shocked about the other agents lack of use of email, but just two days ago I received a request for feedback on a property by fax and it was requested that I fax it back.  (I can only assume that this agent might not use email; and I have to say that hand writing feedback and faxing it back was in many ways easier than sitting down at a computer and typing.)

I disagree with the statement about the deposit check;  It is much safer to take a cashier's check than a personal check, since the money is guaranteed there according to the bank.  (And, the buyer probably does have a checking account, using a cashier's does not mean they don't.)

The part that concerns me most is that the buyers agent is also their mortgage broker, since the potential for "fudged" numbers and other dishonesty is more easily possible by a agent who serves both roles.

Aug 31, 2009 06:22 AM
Mike Henderson
Your complete source for buying HUD homes - Littleton, CO
HUD Home Hub - 303-949-5848

Pretty crazy stuff about what they are doing.  I feel sorry for those first time buyers.

Aug 31, 2009 10:56 AM
Ginger Moore
Wilkinson & Associates Realty - Gastonia, NC

Does not sound like your off to a good start with this offer...grin. thanks for sharing!

Aug 31, 2009 12:25 PM
Mark Velasco
West Shores Realty - Whittier, CA
Top Producing Broker Associate

Wow Elizabeth. People do not realize how important a savvy and knowledgeable Realtor is. They will when they go 6 months without a home.

Aug 31, 2009 05:39 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

It's especially important in a competitive market (and some are right now - Orange County is too in many places) to make sure to put your very best foot forward when making an offer and to have an agent who understands how to do this.

Aug 31, 2009 06:14 PM
Kerry Jenkins
Prime Properties - Crestline, CA

A two month old check could also mean that they've been overbid at every opportunity as well...doesn't sound like they have the right agent for the job though, based on other factors you've stated in your blog!

Sep 02, 2009 08:25 AM
Christine McInerney
Great Life RE - Knoxville, TN
The McInerney Team, Knoxville TN Homes For Sale

Wow, I can not imagine not even calling the listing agent before submitting an offer.

I have luckily been lucky in that I have been able to attract good buyers agents to my listings (knock on wood).

When working as a Buyers agent myself, I have run into more problems of trying to submit an offer and not being able to get the listing agent to call me back.  Sellers also really need to check on their agent- it is crazy to me how many people just go with an agent out of obligation instead of really researching how the agent works.

As with any profession there are some amazing individuals and some not so good ones and why people continue to put up with some of them is a mystery to me.

 

Sep 06, 2009 04:29 AM