Special offer

Are You Gonna Die on that Natural Hazard Disclosure Hill in this Short Sale?

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

On which hill do you wanna die? That's an expression I sometimes apply to my business. Because sometimes you've gotta take a stand, especially when you're a Sacramento short sale agent. But taking a stand has consequences. If you're gonna do battle, you take a chance on being killed. Not literally, of course. So I choose my hills for my battles. I can't always choose my battles because adversity goes hand-in-hand with Sacramento short sales. No way around it.

But the hill on which I'm gonna die, you betcha. And there's a good chance I'm not gonna die. I like to pick the hills where I have the advantage. Where I can see the opposition coming from miles away. And maybe I have an arsenal tucked away on the other side of the hill that is out of sight. I'll wait until the negotiator gets up close to the bottom of my hill and then I might drop a bag of flour on his head and follow that up with a blast from the garden hose. You don't know what I'm capable of doing.

To the negotiator, I am one of 500 files. To me, the negotiator is one of 100 files. See, the odds are in my favor. Plus, I care more. I care about the seller; I care about justice; and I care about closing the transaction -- 3 things the negotiator does not care about. Again, there is more in my favor.

You may think short sales should not be adversarial, but I wish it wouldn't rain so much in Sacramento over the winter. If we don't get rain, though, we suffer. We need rain.

I know there are agents out there in Sacramento who simply roll over when the bank's short sale negotiator tries to kick them in the head. These agents don't want to deal with negativity. They are like a millipede. You poke them with a twig and they curl up.

Take the natural hazard disclosure, for example. In California, the natural hazard disclosure is required by California Civil Code, and the seller must give it to the buyer. You'll find the verbiage in Sections 1103 to 1103.14. Sellers have to buy the disclosure from a disclosure company, and that can cost $99 to $125 or so. Bank negotiators don't always understand California law so they try to exclude this fee from the HUD. But it must remain.

You Sacramento short sale agents should not back down from this. You give us all a bad name when you do. Yeah, it's $100. But the next thing is 500 bucks or 1,000 bucks or 10,000 bucks. I say protect your sellers and go to bat for them. Do things the right way and not just the easy way.

Posted by

elizabeth weintraub

 

 

Weintraub and Wallace Realtors

 

 

Elizabeth Weintraub reviews

 

 

 

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(7)

David Grbich
Realty One Group - www.FindCARealEstate.com - San Juan Capistrano, CA
Orange County Real Estate - 949-500-0484

You are absolutely right on the NHD in CA - you would think they have larger issues to be concerned about than the cost of this report.

May 04, 2012 12:53 AM
Mary Elizabeth Allen
Lake Monticello, VA

You go, girl! I love reading your posts - I always learn something new about the crazy world of short sales. I suggested this one fo sho!

May 04, 2012 01:58 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I love your outlook.  Combined with your know-how, it's what makes you the best Sacramento Short Sale Agent in the business.

May 04, 2012 02:34 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Elizabeth -- of course, if they had worked with the sellers better in the past, they may not have found themselves in a short sale situation, and they wouldn't be losing so much money, that the $125 wouldn't be a factor.

Have a great weekend!

May 04, 2012 07:32 AM
Melissa Zavala
Broadpoint Properties - Escondido, CA
Broker, Escondido Real Estate, San Diego County

I've had a few that want to decline that NHD; they just don't get it. 

May 04, 2012 11:37 AM
James Dray
Fathom Realty - Bentonville, AR

Morning Elizabeth I find it interesting on how the laws differ from State to State.  Anyway in the end you must follow the laws and fight for your client.  Good for you holding to your guns.

May 04, 2012 07:17 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

The problem that arises is when agents don't want to fight explain the facts, it sets a bad precedence for the rest of us. I don't want to hear that Joe Blow Short Sale Dude paid for the Natural Hazard Disclosure out of pocket, simply because he didn't feel like discussing it.

May 04, 2012 11:46 PM