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What is up with New Home Builder's?

By
Real Estate Agent with Realtor

My partner and I were touring new homes yesterday in Rancho Cucamonga, for a future blog.  Each time we went into an office the sales representative gave us a nice brochure and a price sheet.  Explained what Phase they were selling, how many more to come, and what lots were available for each home. Of course the prices were for a basic home, all of the models have many upgrades and are professionally decorated.  This of course is to lure in home-buyers.  The decor is screaming you can have all this for an amazing price.  Their next statement is what hit home.  All the representative's said "the builder is giving incentives to purchase a new home" of XXX Dollars.  And "if you use the builder's lender you will get" XXX more dollars.

                    contract               couple buying new home            black woman contract

                          THIS COULD BE ANYONE . . . . . . . . . . YOUR CLIENT'S, FREINDS, OR MOM

I thought about one of our client's.  A couple, a few kids, hard-working, and not a blemish on their credit.  This niave couple, just a few short months ago, toured a home model very much like the ones we toured.  They fell in love with the model and thought "we can have all this" and proceeded to purchase through the builder, get lots of upgrades, and lender assisted financing.  Sounds good so far, doesn't it?

The salesperson (who does not have to be licensed by the Department of Real Estate) processed their application for the new home.  Set them up with their lender to get approval, and waaaalllllaaaa, they were approved.  Now they move on to pick their lot, choose their decor, and purchase appliances.  They of course remembered that model and upgraded everything.  The home closed and they were proud of their first home purchase with all the hardwood floors and stainless steel appliances.  Great Story Right? 

 

                                            family buying home

 

                                 

I guess I forgot to mention that this couple has contracted with us to do a short-sale on their lovely first home.  They are for the first time not able to pay for something they purchased.  Now they have expressed that they feel really devastated by the fact that they cannot afford this home, it has eaten all of their savings.  Some of the feelings they expressed include embarrassment, failure, and stupidity.  I have a lot of compassion for this young couple, and I can't help feeling that there are thousands of them just in the Inland Empire, and probably more to come.  I feel sort of helpless myself because I can't undo what has already been done.  So the best I can do is make this as quick and painless as possible, and try to reassure them that all of the "blame" per se is not on them.                       

        worried black couple     depressed couple2      depressed young couple

Now, for a little background on this transaction.  1) By allowing the builder to finance the transaction, they got a little higher interest rate.  2) 100% financing  3) Were allowed to include upgrades into their loan for any decor items that were over-and-above their initial incentive.  4) Approved with a payment, including taxes and insurance, that is 71% of their income.  Is this screaming to any of you the way it screams at me?

Here are my thoughts and I would really like to hear yours.

I am not sure that it is a good idea to have salespersons who are probably not licensed by the DRE and who may have little or no background in real estate or mortgages in the sales offices for builders.  These individuals are not held to any real ethical standard and may not have the proper training.  Also, they are employees of the builder, therefore, the client they protect is . . . you guessed it - the builder.  So who is representing the buyer?

Ok, now if you remember not to long ago builders were not cooperating with brokers.  So even if a buyer wanted to use their own agent, the agent could not get paid.  So if you are Mr. Client, and you want to purchase a new home, you give up your right to representation by your own agent and have to trust that the builder is representing you fairly.   Now, how does this fly through the DRE?  What recourse does Mr. Client have when he is not represented fairly?

And, now my final question.  How in the heck does anyone get approved at 71% of their income?  I mean even sub-subprime cut off at 55%.  Or am I mistaken?  What happened here?  Please help me to understand.  Because for the life of me I don't get it.

                                                                                               house money graph         

                                    pad lock on house  

Now, I tell everyone of my clients, whether I represent you or you have another agent represent you, don't ever do a home purchase without consulting a trusted real estate professional or attorney, new home or not.

This is just wrong on so many levels.  Please send me any information and your thoughts on this subject.  If there is anything I can do to help these individuals that are left with this devastation and self-loathing I want to know about it. 

Kathryn Tharp - Inland Empire - 626/374-1583 or e-mail:  ktharp408@yahoo.com

 

 

Show All Comments Sort:
Gary Woltal
Keller Williams Realty - Flower Mound, TX
Assoc. Broker Realtor SFR Dallas Ft. Worth
The builder representative was just being a sales person and not representative of the best interest of the client. 71% of income? Were these clients crazy? That was a disaster waiting to happen. Live and learn I guess Kathryn.
Apr 01, 2008 01:54 AM
Jeff Kessler
Austin Homes, Realtors www.OwnAustin.com - Austin, TX
Broker,CLHMS,GRI

I agree with Gary.  The Sales agent is looking out for their own pockets.  They don't think about repeat business, it is all about the quick buck.  I agree that the buyers need to have a professional on their side.

J.

Apr 01, 2008 02:00 AM
Stephen Graham
Inactive - Atlanta, GA
Yes, representation by a truly qualified buyer's agent is a must. A buyer's interests are not necessarily the same interest of the builder. The buyer wants to buy a new home and the builder wants to sell a new home, but the manner in which you get there can be a conflict of interest.
Apr 01, 2008 02:05 AM
Ron Tarvin
Residential, Investment properties, rehab projects, property management, luxury homes, new construction! - Katy, TX
Broker, Katy, Houston, Cypress 77450,77494,77095

I do agree that NEW home sales represent a danger to home buyers that isn't really visible to the general public.  I get asked all the time...if we picked out the home and subdivision, why do you get paid.  If for nothing else, it really does keep the salesperson in the builder's office in check.  People walk into a builder's model and immediately they assume that salesperson is there to represent them or at least help them.   Would they make the same assumption walking into Jared's or Best Buy or Wal-mart for that matter?  No.  And why?  Because there is transparancy there.  They KNOW they are dealing with salespeople.  In a builder, many people assume 1) they are dealing with an agent, 2) they are dealing with someone who is paid to assist them and confuse assist with represent and 3) they assume one agent is the same as another agent.  They may also assume a better price if they do not bring in the extra cost of an agent, but that is also a fallacy that the builder does nothing to eliminate (and why should they?).

Ultimately, there IS some personal responsibility to be had in this too.  Would you buy a home, a car or a home theater system, knowing that it would take more than 50% of what you make in a month to pay for it...month in month out, year after year?  Something had to go off in their heads that I make $5000 a month bring home and my mortgage payment is going to be $3750 a month (just examples on dollar figures).

A short sale is probably their only hope at this point...a QUICK short sale.

Apr 01, 2008 02:10 AM
Jolynna McCune
Groome & Co. REALTORS - Memphis, TN
Affiliate Broker

I am a licensed agent in Tennessee and work both resale and new home construction, representing a couple of builders, both of whom are very reputable and would never take advantage of someone as described above.  I posted a blog yesterday on predatory lending, and that is very much what appears to have happened with that young couple you are working with, and it's very sad.  It's so very very important for buyers to EDUCATE themselves before leaping into any major purchase, especially a new home. 

When I work with clients who are buying a new home through one of my builders, I give them as much information as possible on the front end, before any contracts are signed.  I give them a list of standard amenities, as well as a list of upgrades and the exact cost of each.  Everything is written into the contract before construction ever begins.  And any additional upgrades they decide to add during construction, is paid for by them out of pocket, not added into the final loan price. And my builders do not offer owner-financing.  We direct buyers to reputable local lenders only.    

If any of you agents out there work in new construction, you know that it can be a very stressful and difficult transaction if communication fails between the parties involved.  I always strive to be as clear and informative as I can to circumvent any problems during or after construction.  I cannot emphasize enough how crucial this is.

Just like in most any profession, there are reputable builders and then there are those who are not.  It's not just "buyer beware".  But buyer be AWARE".  And yes...definitely get professional advice and assistance for a licensed agent you TRUST.

Many Thanks and Happy Blogging!

Jolynna McCune 

   
 

Apr 01, 2008 02:22 AM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Kathryn,

The builder has the right to sell hs own property. Most states agree that the builder can hire people that work exclusively to sell builder-owned properties without being licensed.

Buyers have the obligation to understand that they are buying directly from the owner, and are not represented in the transaction. So if they fail to take an agent with them, they buy at their own peril.

And if the builder wants to essentially owner finance with a company owned mortgage company, once again, that's a free market choice. Good post, you made me think!

Apr 01, 2008 03:01 AM
Kathryn Tharp
Realtor - Rancho Cucamonga, CA
Rancho Cucamonga, Real Estate Specialist

Gary & Jeff, these clients are not crazy, what they were is young, trusting, and naive.  If you were a first time home-buyer, and went into a new home sales office, would you know that the sales representative is not a licensed agent?  I am not sure I would.

Stephen, It has only been recently that builders have decided to cooperate with brokers (at least here in So. Cal.).  I agree there is a conflict of interest for the buyer not to have their own representation.  We are held to a strict standard of ethics in how we conduct our business, (including if we sell our own homes or investment property) so why do builders not have to comply with the same rules and standards?

Ron, I am not disputing that my clients may have had some liability here.  That being said, you made a really good point about sales representatives being confused with real estate agents.  After all they are selling homes. Is this disclosed to the buyer?

Jolynna, Thank you for being an agent who cares about people.  Let me ask you, do you have a disclosure that the buyers sign telling them that you are representing the builder and not an actual dual agent?  And please educate us on what disclosures a buyer has to sign on a new home that would make them understand that they are not being represented? 

Richard, It is not a matter of a buyer taking a representative with them.  The builders were not cooperating with outside brokers.  And, if we sell our own property we have disclose that we are Real Estate Agents, and if we represent the buyers we have to give them the dual agency disclosure. 

My questions are still, "Where is the DRE?"  "Why don't builders have to allow a buyer to get their own representation or use a dual agency disclosure?"  "And, where is the predatory lending law in a case like this?"  And, "Do these clients have any legal recourse?" 

Thanks everyone!  I know I am really going on and on.  But this just burns my cookies!

Apr 01, 2008 09:39 AM
Stephen Graham
Inactive - Atlanta, GA

"Buyers have the obligation to understand that they are buying directly from the owner, and are not represented in the transaction. So if they fail to take an agent with them, they buy at their own peril."

I have a problem with that statement. In essence, what is being said is that all naive and less-than-savvy homebuyers are buying at their own peril. That is kind of like a predatory sales tactic.

Attention All New Home Buyers: Always remember, builders sell hundreds, and even thousands, of new homes. They are much more versed than any buyer could ever be. There is no amount of research that can prepare you totally for this task. A savvy buyer must know how to play the game to stack as many cards in their favor as possible.

Apr 01, 2008 10:05 AM
Jolynna McCune
Groome & Co. REALTORS - Memphis, TN
Affiliate Broker

Hi Kathryn,

I live in Tennessee and we are not a dual agency state.  So I have to, by law, require both parties to sign a disclosure stating that I am representing the seller (builder).  I also, in addition to merely obtaining a signature from the buyers, go over it with them in-depth verbally to make sure they understand this.  However, even though I represent the seller, it is my responsibility as an agent to treat both sides with honesty.  As I said earlier, good communication on the front end in new construction is very important.

Many thanks and happy blogging!

 

Apr 01, 2008 10:48 AM
Jeff Kessler
Austin Homes, Realtors www.OwnAustin.com - Austin, TX
Broker,CLHMS,GRI

I wasn't saying the clients were crazy.  I was just saying others need to learn from this and use a licensed agent.

J.

 

Apr 01, 2008 11:25 AM
Charles Tharp
Prudential California Realty - Fontana, CA
Inland Empire, Real Estate & Short Sale Specialist

Things are always slow to change but we can try to help everyone that comes our way.

Apr 02, 2008 04:42 PM
Mike Jones
SUNSTREET MORTGAGE, LLC (BK-0907366, NMLS 145171) - Tucson, AZ
Mike Jones NMLS 223495

Kathryn,

This is the most amazing post I've read all day.  There just has to be more to the story.

Mike in Tucson

Apr 05, 2008 04:00 PM
Kathryn Tharp
Realtor - Rancho Cucamonga, CA
Rancho Cucamonga, Real Estate Specialist
Mike, Amazing as in fabrication or amazing as in unbelievable? I am sure there is a long long story that the clients have not shared.  And I did not share some specific details because I wanted to protect their privacy.  But, what I have stated I know to be true.  However, I am not saying that all builders behave this way, or that all clients are this naive.  I would just like to have some answers as to how these things happen, and where is the DRE in all this?  Just to let you know the loan was not placed with a major lender.
Apr 07, 2008 03:51 AM
Denise Allen
Resh Realty Group - Chesapeake, VA
Realtor@ Chesapeake, Hampton Roads
I sell new homes and the reason we try to use our own lenders is so we don't have to supply the same information to a bunch of lenders at the same time.  Each lender has a way of doing business and each has information that they need.  It becomes a huge headache when you have a large number of lenders.  Your sellers could have gotten the same deal from anybodies lender.  The lenders for the builder aren't any different then any other lender.
Apr 07, 2008 04:27 AM
Kathryn Tharp
Realtor - Rancho Cucamonga, CA
Rancho Cucamonga, Real Estate Specialist

Denise, Please don't misinterpret what I am saying.  My intention is not to attack anyone.  I intended to get more information on the subject and other professional's thoughts and comments.  I just don't really understand how new home builders work.  And, when I look at this situation I wonder how many people are in trouble that might not have been if the builders were DRE regulated in the same way as Realtors.  Our area is saturated with new housing development, and only recently, when the market turned, were brokers/agents allowed to get compensated for selling a new home.

A broker can shop a loan and only get the information once.  And whether or not it is true, my perception is that this just doesn't work unless there is full disclosure. That clients get to know the following:  How does your builder work?  Does the builder offer incentives if the client uses their lender?  And how does that work - who pays for the incentives?  What is in it for the lender and the builder if a client uses their lender?

Does your builder allow buyers the option of having their own representation (cooperate with brokers/agent)? Are buyers made aware that they are not being represented by the sales agent, and that the sales agent may or may not be licensed by the DRE?  You see I have lots of questions, but no answers.  I would love it if you supplied us with some answers.

Apr 07, 2008 09:00 AM
Tom Burris
NMLS# 335055 - Baton Rouge, LA
Texas/Louisiana Mortgage Pro - 13 YRS Experience

Short sell? They are shorting their loan and they think they can buy another house?

 

May 19, 2008 06:42 AM
Kathryn Tharp
Realtor - Rancho Cucamonga, CA
Rancho Cucamonga, Real Estate Specialist

Tom, I can appreciate your comment and maybe a few believe this is true.  But the majority are in trouble.  And these are the people who need our help not our disgust.  There are many reasons that individuals are in less than ideal circumstances, very few are looking to profit.

May 26, 2008 02:28 PM