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Life in the Real Estate "Pressure Cooker"--Some suggested solutions

By
Services for Real Estate Pros with Topkins & Bevans-etopkins@topbev.com

As real estate professionals, we are more or less "conditioned" to the stress level which exists within our clientele. I am a Massachusetts real estate attorney with more than 42 years of experience. I have assisted client in buying, and selling, five and four thousand homes, respectively. In hardly any situation were the people involved (Realtor, Loan Originator, Buyer, Seller, other Attorneys) able to remain calm and relaxed throughout the process. It seemed that there were a million things to do, and people were not able to commit the time, or  have the patience, to tackle all of them. Sometimes the Lender created problems with requests for information which, I was sure, they already had . Sometimes, the walk-through does not go particularly well. In one situation, there was a flooded kitchen between the time of Purchase and Sale and the closing. That caused its own set of problems.

 

Looking back on these situations, I have developed a few tried and true approaches to the real estate "pressure cooker", which I would like to share with all of you, whatever part in the process you are assuming:

 

     1. Try to Stay Calm. Problems are going to arise, and almost always when we least expect them. Accept the fact that there can be problems. Think about your customer first. What can you say, or do, to assuage the issue? I have found that the last minute inspection problem, or the Lender delay, or any number of other things which can delay a closing, or worse, are best addressed by calmness. Do not let yourself get emotional about the problems. Speak with the other professionals. Try not to relay bad news to a customer without suggested approaches to a solution. Think positive thoughts; convey your sense of confidence to your customer through your calm mien.

 

     2. Do Not Point Fingers. Many times the approach which appears simplest to effect is to blame another person or entity for what has happened, and step away. I used to do this, because lawyers are very fat targets when there is a problem, and I wanted to stress that I had done nothing wrong, but Mr. Jones or Ms. Smith, was the true culprit. I no longer take this approach. Rarely do real estate disputes actually result in litigation. More often than not there is a solution out there which everyone can live with. If I have been solution, rather than blame, oriented, I can preserve my relationships with the professionals I will have to work with at other times, and in other places. Furthermore, I have found that coming up with a solution in a difficult situation is the thing that a lot of people remember about me, and my firm, when the smoke clears.

 

     3. Do Not be Afraid to Call a "Time-out". In our profession, no one really gets paid unless and until the deal closes. Sometimes, that colors our behavior. We all have lost deals, and spent time on matters that do not produce revenue for us. On the other hand, sometimes a deal just cannot work, no matter how hard we try to push it forward. Sometimes, it can work, but the financing must be re-tooled to fit the specific situation of the Borrower. My experience has been that it is better to call a "spade a spade" early in the game than to labor relentlessly on a project where there is little or no, hope of success. Call "Time Out", regroup, and go a different path.

 

     4. Never Sacrifice Your Integrity to Make a Transaction take place. New financing rules have severely hampered the ability of the Borrower to exaggerate assets or income, or even lie about them. In a way, that has taken some pressure off the rest of us. There are still situations which arise, however, where a half-truth or a lack of disclosure may let a deal go forward. I suggest to each of you that you do not want to be a part of any effort which involves ANY deceit or subterfuge. I mentioned above that real estate matters rarely become litigations. If they do, however, and you are called upon to testify, you want to make sure that your behavior in the matter, from an ethical standpoint, is above reproach. Deals come and deals go. Your reputation is forever.

 

 

Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you for the good advice. I agree with you that we should never sacrifice to save a transaction.

Mar 12, 2011 11:57 PM
Ann Bellamy
Hard money lending for investors in NH and MA - Tyngsboro, MA
Lending to real estate investors since 2006

Beautiful, especially #4.  It's so easy to just "let things go" because everyone wants to close.  I recently withdrew from a deal that made me uncomfortable.  The deal went forward without me, but it certainly reduced my stress level to not be part of it.  Great reminder, Elliott.

Mar 13, 2011 12:01 AM
Elliott S. Topkins
Topkins & Bevans-etopkins@topbev.com - Boston, MA
Massachusetts Real Estate and Title Atty

Gita--I grew up in Flemington, Hunterdon County. I spent a lot of time in Bucks County, and enjoyed the people there. I am coming back for a high school reunion this summer, and I want to have dinner at the Black Bass Inn, if it still exists.

Mar 13, 2011 12:01 AM
Elliott S. Topkins
Topkins & Bevans-etopkins@topbev.com - Boston, MA
Massachusetts Real Estate and Title Atty

Ann--The minue I met you, I knew we were on the same level, in terms of ethics. It means a lot to me, too.

Mar 13, 2011 12:02 AM
Larry Lawfer
YourStories Realty Group - Newton, MA
"I listen for a living." It's all about you.

All great suggestions Elliott.  Let's do a deal together this month somehow. I have an open house in Waltham today.

Mar 13, 2011 12:07 AM
Elliott S. Topkins
Topkins & Bevans-etopkins@topbev.com - Boston, MA
Massachusetts Real Estate and Title Atty

Larry--I am ready, willing and, perhaps, able. If you are working in Waltham, you canmention that our firm, Topkins & Bevans, has had an office in Waltham since 1992.

Weather seems positive. Sell, sell, sell!!!

Mar 13, 2011 12:10 AM
Barbara Michaluk
Weichert Realtors | Phone Direct 240-506-2434 | 301-681-0550 office - Silver Spring, MD
Leisure World Specialist / Full Service REALTOR

Elliott, this is very good advice from a seasoned professional.  I agree that our reputation is sacred and we must protect it through our choices of response to all kinds of challenges.

Mar 13, 2011 12:41 AM
Randy Ostrander
Lake and Lodge Realty LLC - Big Rapids, MI
Real Estate Broker, Serving Big Rapids and West Central MI

Good morning Elliot. You have some great advice here. Things seem huge until they are behind us then we realize how little they were. Patience and experience will get us through. I love the one about not sacraficing integrity. To many agents go for the easy fix which bites them down the road.

Mar 13, 2011 12:46 AM
Andrea Swiedler
Berkshire Hathaway HomeServices New England Properties - New Milford, CT
Realtor, Southern Litchfield County CT

Elliott, I am currently involved in a very difficult situation, the issue now lies at the feet of the other side. Both my buyers, myself and our attorney have done all we can. I have been asked to reduce my commission to make the deal go forward as a last resort. I have discussed this with my clients who are not happy that this was laid at my feet. I am trying to remain calm, my buyers are trying to remain calm, our attorney is now the source of the last resort. (As a side note, the other side was the one who escalated it attorney to attorney, which neither myself or our attorney wanted. Best to try all other alternatives first, if you can remain calm, cool and collected)

One of the things I have noticed about attorneys, (the good ones) is their ability to discuss issues that may be very emotional, on a non emotional level. I am always amazed at the self control I witness and the attitude they display which can remove the emotional level from an issue. When we remove that emotion from ourselves, we help our clients to no end.

Just because there is no paycheck when there is no closing, we cannot push a deal through, or become so hungry that we try to push a deal through. Integrity is everything, deals come and go for sure.

Mar 13, 2011 12:58 AM
Shirley Soforic
F. C.Tucker co. - New Palestine, IN

I retired from this business 2 times because I felt unable to deal with other peoples' stresses.  But each time I come back stronger and more determined to do whatever it takes to help these clients solve their problems.  That is what this business is all about "solving problems"  But we need to do it in such a way, that we can sleep at night, knowing we did the "right"thing.

Mar 13, 2011 01:15 AM
Elliott S. Topkins
Topkins & Bevans-etopkins@topbev.com - Boston, MA
Massachusetts Real Estate and Title Atty

Andreq--Keep the faith. You have become one of my ethical beacons. There will be other deals,other chances. There is only one you.

Have a great Sunday.

Mar 13, 2011 03:09 AM
Pat Laracy Baker
Realty Executives Boston West - Holliston, MA
Pat Baker Dream Home Maker

Elliott,  These are certainly pressure cooker times.  Sometimes an agent can feel beat up.  I am referring to me when I say that.  Sometimes I would like to give the listing to someone else and walk away.  Then I become calm and keep the faith and here I am.

Mar 13, 2011 03:14 AM
Judy Jennings
Top Agent Plus - Middleboro, MA
Tap into Judy's real estate expertise & resources.

Elliott - All great tips. My favorite is to remain calm as the alternative is rarely beneficial. Sacrificing integrity is never worth the risk. I like to sleep at night!

Mar 13, 2011 03:28 AM
David Cahill
Century 21 Cahill Associates - Boston, MA

I like the time out idea.  Too many people get emotional and I always have to remind them to stay calm and treat it like business.  Things will go a lot smoother and if they miss out on the house, it won't be such an issue to them.

David in Boston

Mar 13, 2011 04:21 AM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Common sense, duct taping the pie hole, capturing your thoughts always the easy way to maneuvering around the public and making it work with mediation, not litigation. Don't take anything sharp edged personal. Not about you in service. About the other guy. Makes it a sport.

Mar 13, 2011 04:44 AM
Richard Weeks
Dallas, TX
REALTORĀ®, Broker

Very good advice.  Thanks for sharing.  Enough emotions from the buyer and seller do not need any from anyone else.

Mar 15, 2011 02:45 AM