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LISTING HOMES FOR SALE - GET ALL OF THE INFORMATION YOU NEED

By
Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

DON'T BE SHY WHEN TAKING A LISTING.  ASK THE RIGHT QUESTIONS AND FOR THE RIGHT DOCUMENTS.

Buyers agents have a responsibility to show homes only to qualified home buyers.  One of the reasons we qualify a buyer before taking them on a tour is because taking unqualified prospective buyers in homes for sale is not fair to the seller.  Sellers generously make their home available for home buyers to tour with their agents to determine if a home meets their needs.  Sellers have the right to expect that strange folks and their agents coming through their home are, at the least ready, and able to buy.

Deed of Trust image 

Listing agent also have a responsibility to home buyers to verify that the home they are listing for sale is fully available to convey with no liens and encumbrances on the title.  Part of a listing agent's job, through due diligence, is to make sure that:

THE SELLER IS ABLE TO CLOSE ON THE SALE
That the seller is current with their mortgage payments.  Home owners are not always anxious to share the fact that they are delinquent in their mortgage payments unless asked.  So, please ask and it is a good idea to review the most recent mortgage statement.  Agents, buyers and sellers lose a lot of time going through touring, negotiating, inspecting properties only to find out that the seller needs to bring money to the table to settle.  As more homes go to foreclosure (according to the recent news reports), we'll be faced with this scenario more than in the recent past.

THE SELLER LISTING THE PROPERTY IS THE TRUE OWNER
The seller listing the property for sale, MUST be on the deed.  Over the years, We've seen persons attempting to list properties for sale where they are only a part owner. If there is more than own owner on the deed, all owners must be parties to the listing agreement.  In some states, owners can list properties with a Power of Attorney from another co-owner.  Be sure to verify the local requirements for listing by Power of Attorney.  No matter what one spouse says that the other spouse give them permission to do, one spouse cannot
sign for another.  Military families have a Power of Attorney to cover this situation when the serving spouse is at an out of area duty station.

ALL OF THE OWNERS OF RECORD GOING TO COOPERATE?
If a person has a former spouse on a title, that former spouse must also sign the listing agreement.  It isn't unusual for divorce attorneys to have property settlement agreements incorporated into a separation agreements and divorce decrees but neglect to file a new deed showing one spouse or the other as the true owner.  When this occurs, the seller's attorney should be consulted unless the former spouse is available and willing to sign the listing agreement and cooperate throughout the sale.  Listing agents and selling agents can spend a lot of time trying to sell a home only to have a former spouse cause unreasonable delay.

THE PROOF IS IN THE DOCUMENTS
If the listing agent doesn't ask questions, everyone can have some real surprises at settlement or at least when the title abstract reaches the title company for title examination.  One question we learned to ask years ago when listing a property is "Are you currentwith federal and state taxes?"  NONE OF OUR BUSINESS?  If you don't ask, you don't know.  Getting to the settlement only to find out that the seller has more in tax liens than their net proceeds is not a pleasant experience.  Consider the time spent listing, marketing, advertising the property for the listing agent.  Consider the time spent on the contract, inspections, financing approvals and more only to get to settlement and find that the seller can't.

IT IS OUR BUSINESS. 

LISTING HOMES FOR SALE

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Comments(21)

Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate

Some of what you suggest is in our purchase agreements in Ann Arbor. The question is Are you current on all mortgages and obligations? Another one is Is there any legal matters pending that could impact the sale of this property?

Both answer with a yes or no. Good post, Lynn

Apr 19, 2007 09:54 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Jon.  My post is the result of recent experience of one of our agents.  Got to the settlement table and the seller had a tax lien of about $30K more than the proceeds.  Sticky Wicket.

Missy.  It's in our too, but agents need to draw attention to it.  Otherwise, these things wouldn't get to the table

Thanks for the comment folks.  I appreciate it. 

Apr 19, 2007 10:00 AM
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC
Unfortunately, most of the agents who need to read this are probably twiddling their thumbs right now.
Apr 19, 2007 10:21 AM
Bryant Tutas
Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL
Selling Florida one home at a time

Lenn, right on the money. If I have any doubts at all I get my title company to do a preliminary search and order a payoff when I take the listing. I work too hard to have surprises at the last minute. It's just a waste of time and money. 

 

Apr 19, 2007 10:26 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Greg.  Thanks for commenting.  Agents who overprice are in the majority in my market. 

Bryant.  One of the clues is when taking a listing, if the seller is "over anxious", you'd think an agent would get a clue.  But, there are so many agents in my market, "any price will do, just get it listed". 

I dropped a couple as buyers two weeks ago because they had their contingencies overpriced by about 15%.  In a pure buyer's market that is a total waste of time and I don't have any to waste.

 

Apr 19, 2007 10:43 AM
Sharon Simms
Coastal Properties Group International - Christie's International - Saint Petersburg, FL
St. Petersburg FL - CRS CIPS CLHMS RSPS
We need to ask about prepayment penalties, too. Sometimes they can be huge and we had one incident several years ago where the seller refused to bring money to the table and close due to a $30,000 prepayment penalty that would remain for another 2.5 years.
Apr 19, 2007 10:43 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Thanks for commenting Sharon.

Pre-payment penalties are not a problem in MD.  I do agree that it could be a serious problem in some areas.  Mmmmm.  Reminds me of a show in the Northern Exposure TV series.

Apr 19, 2007 10:57 AM
Marchel Peterson
Results Realty - Spring, TX
Spring TX Real Estate E-Pro
It is amazing those little things that pop up in the title committment.  I had some buyers looking to buy a 10 acre parcel of land once and found out that there was some little clause that said the land could not be split; and they were planning on dividing it in half.  Needless to say the deal went south. 
Apr 19, 2007 02:23 PM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Marchel:  Another good reason to review the title.  Knowing that deed restriction was in the title, it should have been disclosed in the listing.

Thanks for commenting.

Apr 19, 2007 10:49 PM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Lenn,

 One more question that I ask the seller(s): "Are  you 100% sure you both want to sell this property?"

'Pre-payment penalties are not a problem in MD'.....unless it is written into their loan. We had this happen  Everyone was surprised except for the lender. It was slipped into one of the sports players loans, knowing he would only be in the house less than a year. And yes this player had legal/financial advice.

Apr 20, 2007 02:31 AM
Maureen McCabe
HER Realtors - Columbus, OH
Columbus Ohio Real Estate
You are right it is our business...I forget about prepayment penalties.
Apr 20, 2007 06:45 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590
I'm amazed that this isn't featured.  This is listing 101.
Apr 20, 2007 07:41 AM
Greg Cremia
Shore Realty of the Outer Banks - Nags Head, NC
It should be featured. It was flagged yesterday. Maybe Lenn already reached her "quota" for the week.
Apr 20, 2007 08:23 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Brian and Greg.

Thanks for the comments.  Appreciate it. 

I too, thought this and http://activerain.com/blogsview/77726/WHO-IS-BEING-HARMED would have been featured.  I must have rubbed someone the wrong way.  I don't get featured much any more. 

Not a problem.  I'll stick to Localism and get some links. My series for New Homes Under $400K in Stafford County has produced 2 touring buyers.  There's a lot more benefit with Localism.  I OWN Stafford County, Virginia and Lovettsville, Virginia. 

Lenn

Apr 20, 2007 08:43 AM
Missy Caulk
Missy Caulk TEAM - Ann Arbor, MI
Savvy Realtor - Ann Arbor Real Estate
No don't stop posting. I'm sure it was a mistake, nothing to get flagged on. Good information. I never get featured that's not why I post. Your stuff is too good !
Apr 20, 2007 08:48 AM
Brian Brady
Matthews Capital Markets - Tampa, FL
858-699-4590

I don't get featured much any more

None of us do, Lenn.  I think they're trying to encourage newbies. 

Apr 20, 2007 09:41 AM
Stefan Scholl
Buyer's Broker of Northern Michigan, LLC - Petoskey, MI
Northern Michigan Real Estate

More solid advice, Lenn.  As a real estate attorney, I am often called in as a "fixer" (kind of like the guy in Pulp Fiction - LOL) to clear up title problems discovered at the last minute, which should have been discovered long ago by a good listing agent.  Oh well, more work for the attorneys, which is a good thing. :-)

Apr 25, 2007 03:19 PM
Fran Gatti
RE/MAX Integrity - Medford, OR
Managing Principal Broker - RE/MAX Integrity

Lenn,

This was a great post.  I'm glad you brought it to my attention with today's post.

Fran

May 07, 2007 05:41 PM
Paula Henry
Home to Indy Team @ HomeSmart Realty Group - Avon, IN
Realtor - Indianapolis Real Estate - 317-605-4174
Lenn - Another informative post which should have been featured. I also stick to Localism; saw your new city and price feature on Localism and like it. Glad to hear you are getting business from it! We don't make much money from featured posts! : )
May 09, 2007 04:13 PM
Lola Audu
Lola Audu~Audu Real Estate~Grand Rapids, MI Real Estate - Grand Rapids, MI
Audu Real Estate~Grand Rapids, MI ~Welcome Home!
Yes, heartily agree with you on this one.  When I go into a listing presentation, I think like a doctor.  I am not afraid to ask "embarrassing" questions, because as a professional, I am doing an impartial, thorough analysis of the situation to offer a realistic evaluation & recommendation.  The whole truth about the situation at hand is necessary to accomplish this.
May 18, 2007 03:20 AM