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Buyer Beware: Caveats of REAL ESTATE AUCTIONS

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Education & Training

You hear about a great home being offered at a real estate auction for a fraction of what it should sale for.  This must be a great opportunity, right? Not necessarily.  You may remember seeing sitcoms where someone at an auction accidentally coughs, scratches his head, etc. and then ends up purchasing the auction item at a price they did not want.  Then the rest of the TV show we see them scrabbling to get out of the purchase.  Similarly, with real estate auctions, a Buyer can unknowingly sign-up for a purchase they are not prepared to make.  Thus, it is extremely important for Buyers to understand all the terms of that particular auction house before bidding as the process can be significantly different than a typical purchase from a homeowner.

For example, the auction company may not allow you to have an inspection period after you bid.  Many auction houses require that you do your inspection prior to the auction during their open houses or by appointment.  Without this inspection period, if you discover a problem in the home after you have won the bid, you may not have the right to cancel or receive a refund of the earnest money you put down at the auction.

Another point of caution is that some auctions require that at least 5% of the final sales price be submitted immediately after the auction.  In many instances, this down-payment is non-refundable.  This is very different from a typical purchase with a homeowner as you typically will have at least 24 hours to submit the deposit (in some cases up to a week) and the down-payment may only be 1% of the purchase price or less.

What if the home/condo/townhouse has a Homeowner's Association (HOA)?  Even if you have not done your research on the community/subdivision prior to the auction, you will still be bound to the terms of that HOA.  Many HOAs now require an initiation fee and sometimes several months or even the whole year has to be paid in advance at closing.  It is very important to do your homework first!

Auctions indeed can be a great time to get a phenomenal bargain on real estate but please be an informed buyer and find out the terms of each specific auction company that you desire to place a bid with.  For more information on participating in real estate auctions, contact places2love@gmail.com or 404.444.5777.  Happy house hunting!

Julie A. Black
KAUAI DREAMS REALTY Kauai Real Property Specialist - Kapaa, HI
CLHMS, CRS, GRI, Realtor, Broker

in my area they are auctioning of REf properties with title problems, owners who are fighting the foreclosure and eviction. It's a real risk.

Jan 05, 2011 07:33 AM
P C
Rental Solutions Oahu - Honolulu, HI

It all seems different for each area now.

Jan 05, 2011 08:04 AM
Anonymous
Carol Cranford

Great post Lee.  Information we all need to have to help our clients. 

Jan 05, 2011 08:27 AM
#13
Ron T. Weems Jr.
Weems Property Group | KW North Sound - Bothell, WA
Managing the details one home at a time.

You have to be skilled to deal with auctions. Even the skilled get burned sometimes. The more educated you are on the process the less likely you will get burned. It happens to the best of us.

Jan 05, 2011 08:49 AM
Maya Swamy
Funds Available - Long Beach, CA
Ph.D. Long Beach, CA - fundsavailable.com

When the buyer is puchasing a foreclosure auction it is also important to check what other liens there are on the property. In auctions I have seen it is the buyer who buys title insurance after their offer is accepted and then finds out there are other liens to be paid. Only by then their %% earnest money deposit is already gone.

Jan 05, 2011 08:55 AM
Justin Dibbs
Fairway Independent Mortgage - Ashburn, VA
Mortgage Advisor

Too risky for most homeowners in my opinion.  The buyers think that auctions are such good deals though.

Jan 05, 2011 09:12 AM
Kristi DeFazio
RE/MAX Advantage - Colorado Springs, CO
Colorado Springs Rea lEstate 719-459-5468

Great post and comments. I agree that I haven't seen much on this topic here. There is a lot to be careful about.

Jan 05, 2011 09:14 AM
Ken Patterson
TPR Properties - Rocklin, CA
Roseville Real Estate, TOP Rocklin Realtor

Nice Feature Post!  I am with Janet #9 all the way! 

Jan 05, 2011 10:06 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi Lee -- You make some great points.  There is a ton of risk involved and unless a consumer is well versed, one can get easily burned.

Jan 05, 2011 10:07 AM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

If a potential buyer READS the terms and conditions, there should be no surprises. The buyer should still do due diligence, have inspections done prior to bidding, check for clear title, and understand how payment requirements.  No one wins an auction by coughing or scratching.  You must be a registered bidder in order to participate and auctioneers will have bidspotters to verify who is bidding.  Auctions are NOT just for unloading stale properties.

Jan 05, 2011 10:25 AM
Angelina Clarke
Builder Services Realty, LLC - Tampa Palms, FL

You MUST be sooooo careful!!  ESPECIALLY here in Florida...between MOLD, Chinese Dry Wall, squatters, and WHO KNOWS what else...a buyer could really get "CAUGHT" in a MESSY situation!

Jan 05, 2011 12:16 PM
MeLisa Minter, Realtor
Minter Real Estate Services - Taylor Lake Village, TX
Bay Area Houston Real Estate Agent

Auctions are becoming very popular around here as well.  ONe of the things that a lot of buyers are not aware is the 5% Buyer's Agent Commission to be added into their price.

Great informative post.

Jan 05, 2011 02:13 PM
Terrylynn Fisher
Dudum Real Estate Group - BuyStageSell.com - Walnut Creek, CA
HAFA Certified, EcoBroker, CRS, CSP Realtor, Etc.

Really good points and then there are the shills in the audience that are part of the plot to bid up the price...oh alot of pitfalls for the inexperienced.

Jan 05, 2011 02:43 PM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

Buyers do need to be aware of the policies of purchasing a property at auction.  Its very important for them to understand that there is generally not much chance of them getting their earnest money back once the offer has been fully accepted.

Jan 05, 2011 02:54 PM
Anonymous
Douglas Johnson

Great information Lee. I really appreciate it. Not too many people know what to ask or even how to go about preventing themselves from getting a bad deal. The knowledge you have in the field of real estate is impressive. I've followed your blog for quite sometime, and I have to say that I am not the least bit shocked ActiveRain would select you as a featured article. The wealth of information on your blog is current and always needed. I look forward to reading more about the real estate market from you. Keep posting.   

Jan 05, 2011 03:22 PM
#25
Lee Davenport
Sandy Springs, GA
Learn With Lee: Real Estate Coaching & Consulting

Thank you everyone!  As you all have pointed out, there are so many different nuances that buyers must be sure they familiarize themselves with the terms of the specific auction they plan to participate in, whether online or in-person.  My goal is that buyers make informed decisions.

Jan 05, 2011 03:23 PM
Anonymous
Bonita Gloster

Man oh man.  I am so glad I logged onto Active Rain tonite.  It's so ironic just less than 3 hours ago I was overwhelmed with an potential client trying to "get the most for his bucks" and he was asking some deep auction questions.  I answered him the best I could but this is some great stuff which I must inform him of tomorrow. Thanks.  Great job.  Your comments are truly an eye opener for me for this auction niche.  You are definately a step ahead of the game.

Jan 05, 2011 07:30 PM
#27
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

When we do an auction, we verbally state the terms and conditions before the call just to make certain that everyone understands the rules of the auction.

Jan 05, 2011 11:47 PM
Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417
HomeSmart Stars - Addison, TX
Real Service. Real Results. Real Estate

MeLisa (#22):  It's not a "5% Buyer's Agent Commission."  What you're probably referring to is a "buyer's premium."  And it's not always 5% and sometimes there is no buyer's premium at all.  That is how the auction company gets paid.

Jan 08, 2011 10:19 AM
William James Walton Sr.
WEICHERT, REALTORS® - Briotti Group - Waterbury, CT
Greater Waterbury Real Estate

Lee, this is something that I haven't been aware of, so thanks for providing this information. Is your information specific to your market, or is it universal in scope?

Jan 22, 2011 03:04 PM