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Purchasing Real Estate As A Non-English Speaking Buyer

By
Real Estate Agent with Karen Parsons-Fiddler, Broker 949-510-2395 BRE# 01494165

 

I speak English, a traveler's amount of French, a flirter's amount of Italian and a shopper's amount of Mandarin. 

So I speak English!

In Southern California, as in many other parts of the country, more and more we are finding buyers are Non-English Speaking. In my market these include those speaking Spanish, Korean, Vietnamese and many different dialects of Chinese.  Often these buyers are represented by agents who speak those languages. The contract forms are not in those languages.

I'll be honest, I don't know if they are even available. I have done some research this morning and the closest I can find is "Summaries of the Residential Purchase Agreement." I wonder how can anyone make such a large financial purchase/sale without really reading a contract.The same is true for the escrow instructions. The Non-English Speaking clients need to rely on their interpreters, normally their agent. 

I have recently closed a transaction with a Non-English Speaking buyer and her agent. The agent was very nice and seemed professional. Although she had a strong accent, she seemed to have a solid command of the English language....I'm always jealous of anyone who is bi-lingual.

They brought the offer to me at my office. It was on our English California of Realtor Form and had all the proper attachments. When I reviewed the paperwork, however, I realized that several of the "normal" buyer safeguards were missing. For instance, they did not ask for termite clearance nor a home inspection contingency.

Now, I work for the seller. It's not my job to create road blocks to closing nor impose costs on my clients, so I was conflicted about whether to say anything or not. What I did was ask the agent to review all the forms one more time with her client prior to having her client sign. (I hoped that if they meant to include anything, they could catch it.)

With a couple of words, the agent pointed to the bottom of the contract and her client signed the forms.

That started me thinking! As we moved through the transaction, this seemed to continue: pointing and signing. I wonder how much of what was signed was truly understood. I also wondered if this agent was really an "agent" or primarily someone who helped like-speaking clients conduct transactions.

There is a difference!

Now, working with another Non-English Speaking buyer for another property, I'm seeing the same trend.....different language.

I would urge Non-English Speaking buyers/sellers to find an agent first who is experienced in real estate. Once you find someone who is a professional real estate agent, then we can find someone to interpret the process and forms. Representation is not about sharing a language, it's about protecting our clients in a very large financial transaction.

Comments(18)

Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Karen, I often wonder ... yet I know it is between the buyers and their agent. I actually had a discussion with an buyer who was ESL and he said to me: "What difference does it make if I understand what I am singing or not?  If I want the property I have to sign it no matter what."  

He did not understand my point about the "terms" and what his options might be if he were represented by an agent who could, and would, explain it to him.

Apr 29, 2016 05:32 AM
Karen Fiddler, Broker/Owner

I think that sometimes they just do what they are told by their agents, and maybe don't understand fully what the terms are. 

Apr 30, 2016 12:47 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

It's the rarest of occasions in my market to have that, but I did have one that spoke very little English and his adult daughter was the translator. I was their agent.  And I love to drive by and see they are still happy in that home we found for them.

Apr 29, 2016 06:57 AM
Karen Fiddler, Broker/Owner

Ah,,that's a nice outcome. :)

Apr 30, 2016 12:47 AM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Karen.  I am in an area with lots of Polish people.  I have learned passable Polish.

Apr 29, 2016 08:50 AM
Karen Fiddler, Broker/Owner

Bueno! :)

Apr 30, 2016 12:48 AM
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

regarding the items usually included (checked) and werent... i suspect there is a fair chance, that you get to the end and they werent done AND you have a problem. Granted you work for the seller, and you dont want to "buy " trouble..but i might be tempted to bring it up rather than delay closing later or have a lawsuit??

Apr 29, 2016 10:26 AM
Karen Fiddler, Broker/Owner

It's not my job to add contingencies. The forms are clear and if they choose not to ask for them, that's up to them. In our market it's common to have offers without these types of contingencies, and I wouldn't question them if it were an English speaking person. so.... But of course if forms and disclosures were missing, I would make sure those are signed as the broker. 

Apr 30, 2016 12:49 AM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

You do have to wonder what impact the language and understanding, or lack of, might have. I suspect there are some buyers whose primary language IS English who do not thoroughly read and understand what they are signing.

Apr 29, 2016 10:54 AM
Karen Fiddler, Broker/Owner

Oh we know that's true as well.

Apr 30, 2016 12:50 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

What a well written and thought provoking post deserving a gold star.  The times that I have dealt with buyers with different language, they have always had an agent fluent in the same language.  

On a side note: If I see something blatently missing in a contract, I question the other agent. It is not working against our seller when we can ensure a smoother closing. Many agents miss documents, have errors and make mistakes....and they even speak fluent English.

Apr 29, 2016 12:14 PM
Karen Fiddler, Broker/Owner

Missing forms and disclosures, yes. But if they write an offer without a home warranty or termite inspection, then that's the offer. I don't question that. 

Apr 30, 2016 12:51 AM
Claude Labbe
RLAH / @properties - Washington, DC
Realty for Your Busy Life

Somehow doesn't seem quite fair to the consumer, please tell me they don't try to craft a legislation solution to this.

I've hired an American Sign Language interpreter in the past to work with a client, but that does take into consideration my basic starting position that the client and I were fully able to commuicate, which is not the problem you describe. 

The assumption that an agent is clearly working to the best representation of the client is truly the problem in this case here, and I fear that happens in many languages.

I applaud your efforts to ensure doubly, that all was well.

Apr 29, 2016 12:31 PM
Karen Fiddler, Broker/Owner

I do think people blindly sign things they shouldn't. 

Apr 30, 2016 12:51 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Karen, like you, I am quite jealous of multi-lingual people.  I've had several buyers over the years who spoke some English as a third or fourth language, and as one lovely Russian violinist said at settlement, "My dear, you lead us through dark forest!"  And even though I'd taken really good care of him and his wife, it was such a responsibility!  Where I am now, we have many multi-lingaul agents, including a couple who speak fluent Russian, so today I woudl refer them or share the transaction.  

Apr 29, 2016 01:22 PM
Karen Fiddler, Broker/Owner

I'd love to speak more languages, but so far they haven't stuck. 

Apr 30, 2016 12:52 AM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Karen Fiddler, Broker/Owner that does not surprise me. I am multi-lingual and have seen few non-English speaking buyers do what their agents have told them to do - only to realize that they can't take 'U' turn which could have been possible if everything was done right.

Apr 29, 2016 03:59 PM
Karen Fiddler, Broker/Owner

I've never been a part of a transaction where I believe the other side is being cheated, but I'm sure it happens. In this instance, is there a termite issue? I don't know of any and there might not be any kind of problem....but then they don't know.

Apr 30, 2016 12:53 AM
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

That never has been an issue here in Northern California.  The variety of nationalities, religion, accents and mixture of  races is a true representation of a melting pot. The ones making high offers are represented by accented broker who is also a lawyer.  As more and more Ivy League professionals are entering real estate business, they pick on native Americans realtors sloppy English demand contract corrections.

Apr 29, 2016 04:17 PM
Karen Fiddler, Broker/Owner

That's the reverse of what we see down here, interesting. 

Apr 30, 2016 12:54 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

If I went to another country to buy property and they did not speak English, you can bet I would find someone who knew the process and knew the language to help me walk step by step. And you can bet I'd point at every paragraph and demand an explanation. And I'd read everything I could first about the rules for buying property in that location. I do think the home buyer should do some research and get the right person to help them!

Apr 29, 2016 07:55 PM
Karen Fiddler, Broker/Owner

I think the fact that their agent speaks their language is giving them trust in them, but either the agent isn't very good, or they are just trying to close. 

Apr 30, 2016 12:55 AM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

I'm sure there is a lot of Pointing and Signing of things the buyers don't understand at all.

Apr 29, 2016 08:04 PM
Karen Fiddler, Broker/Owner

It's true...for all buyers and sellers. 

Apr 30, 2016 12:55 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I have seen non English speakers miss out on a lot of good situations because they don't rise into the area of competition effectively.

Apr 29, 2016 11:48 PM
Karen Fiddler, Broker/Owner

That's true as well. 

Apr 30, 2016 12:55 AM
Margaret Goss
@Properties - Winnetka, IL
Chicago's North Shore & Winnetka Real Estate

I ny area this is rare - but just a few miles away it isn't.  I think the key issue is that people trust someone who speaks their language - and that is a big mistake. Those non-English speaking buyers should be just as picky as anyone else who is looking for a good real estate agent.

Apr 30, 2016 07:57 AM
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Karen I have noticed the same thing here in Hawaii. I do know a few good agents that are truly bilingual and have referred some clients to them when  realized they really didn't have enough English to understand what I was explaining. I've also used translators and that has worked well.

Apr 30, 2016 07:37 PM
Susan Laxson CRS
Palm Properties - La Quinta, CA
Realtor in San Diego, CA & Naples, FL

Karen, I too often wonder how much they understand what they are signing or simply following the instructions of their agents. I speak fluent Spanish and have sold properties in Mexico, so I feel comfortable with explaining real estate terminology to my Spanish-speaking only clients, but have always recommended translators for those who speak another language.

Apr 30, 2016 11:40 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Hi, Karen!  I included this post in today's Last Week's Favorites!

May 01, 2016 04:20 AM
Libby Cousins
Extraordinary Processing - Spokane, WA
Contract Mortgage Processor, licensed in WA

Wow, I hope that the person helping her is licensed! Is there a way to look up her license in CA and confirm? Of course, she may be licensed and not very knowledgeable as you mentioned. As Margaret mentioned, I do think there are many times that people trust others just because they speak the same language. I just hope this works out for all involved!

May 01, 2016 03:53 PM