Parts one and two of the series focus on buyers
Parts three and four cover considerations for sellers.
For you as a buyer, an agent has two major responsibilities. The obvious
one is to help you find a suitable home. Too many buyers consider this
to be the primary duty of their agent. A more important responsibility
is for your agent to use all of his or her skill and knowledge to protect
you, representing your best interests throughout the process. Choose an
agent you can trust to give you accurate information on which you will
make crucial decisions. The interview process can help you find such an
agent.
Just as Realtors have individual styles when interviewing buyers, you
will have your own in interviewing agents. Use these questions as a guide,
not an absolute. It will be beneficial, nonetheless, for you to have an
overview of the important duties of an agent and what questions to ask
relating to those duties.
Technical proficiency in residential real estate takes many forms.
Negotiating The Latin root of this word means “to trade.”
It is both a communication and a technical skill. Even articulate individuals
may have a difficult time negotiating unfamiliar topics. Negotiating
skills are essential not just when the contract is presented to the seller.
Negotiations occur before the contract is even written and continue through
most of the escrow.
Question: How do you feel about your negotiating abilities? What are
some examples of how your negotiating has helped your buyers? Work with
a real estate professional who likes to negotiate and is good at it. After
all, your agent is your spokesperson, the individual fighting your cause.
Question: How do you present a low offer to a seller of an overpriced
property? This is difficult to answer without more specifics, so prepare
a realistic scenario including an asking price, the percentage the asking
price is over market value, location of property, etc. The answers you
get will not only tell you about the agent’s negotiation know-how, but
how realistic he or she is about market variables.
Contracts It is sad when a buyer who is not detail-oriented
hooks up with an agent who has the same characteristic. Real estate is
a business of details, most of which are spelled out on a long, complicated
purchase contract. This is not to mention related addenda and assorted
forms. Agents currently have the choice of using either the four
or eight-page California Association of Realtors contract.
Question: Do you prefer the four or eight-page contract? Why? The agent
you use should understand the differences and be able to clearly explain
them to you.
Question: What contract concerns do you have when representing buyers?
Which specific contract clauses favor the seller? How would you handle
them when representing me? Which clauses are pro-buyer? In what ways might
the seller counter those?
Most buyers are not interested in becoming experts on real estate contracts.
That is not the purpose of these questions. The point is to observe how
the agent handles the questions and whether you believe he or she has a
good grasp of the subject.
Inspections Realtors are neither required nor expected
to be experts on the physical problems of homes. It would be a big plus,
however, if the agent representing you understood the myriad issues and
pitfalls related to the physical condition of properties. These include
drainage, foundation, soils, roof, electrical, plumbing, heating, and pest
control.
Question: What kinds of inspections do you recommend for buyers? Which
inspectors do you use and why? What are the various kinds of problems that
can come up relating to inspections? What about work done without permit
or not to code? What happens when inspections uncover serious, expensive
problems not previously disclosed by the seller? (This question spans both
an agent’s negotiating skills as well as his or her technical expertise.)
Legal requirements Knowledge of the various local, state
and federal requirements regarding real estate transactions is essential;
however, don’t assume all agents understand them. For example, there are
regulations governing the definition of a bedroom and what is an “in-law”
unit; statutes about smoke detectors and strapping hot water heaters; laws
about lead disclosure and abatement; disclosure requirements for earthquake
areas and environmental hazards. The state also requires all sellers to
complete a two-page “Real Estate Transfer Disclosure Statement.” Your agent
protects you by making sure all safety and disclosure requirements are
fulfilled.
Question: What are some of the local, state and federal safety and disclosure
requirements related to residential real estate transactions? How could
these effect my offer or my decision to buy?
Question: What red flags do you look for when doing your agent’s inspection
for the Transfer Disclosure Statement? An example would be standing water
under the house or water stains and a moldy/mildew smell. This could indicate
a drainage problem, particularly if there has not been a hard rain for
a while.
Market knowledge One of the primary reasons you need
a Realtor is because he or she is expected to know the marketplace. As
I wrote in a previous article, Understanding The Market, every neighborhood
has its personality and nuances. It takes experience in the business and
in the area for agents to get enough of a feel to meaningfully assist buyers
in their search. This knowledge will help you determine which locales
and homes in your price range can best meet your needs. A good agent will
work to match you to a compatible home and area. He or she will also help
you to understand pricing and values.
Question: Which areas do you specialize in? This question can be important,
but judging the answer can be tricky. If the agent claims to cover too
wide a territory, be concerned. The longer an agent has been in business,
however, the greater the chance he or she has done repeat business in a
number of areas. It is not necessary for an agent to have seen every house
in every neighborhood. Only people who are not doing much business have
the time and inclination to see everything that comes on the market.
Question: Which areas do you personally prefer and why? If you are interested
in locations that the agent knows and likes, that is a good match.
Question: Do you have a “farm?” A farm is a geographical area an agent
concentrates on to get listings. The size can vary from several hundred
to thousands of homes. A Realtor who diligently works a farm can
provide invaluable information gathered over years of community involvement.
This is often the area the agent prefers (see the question above).
At this stage, you may have met a number of agents at open houses and,
possibly, through referrals. Review in your mind who had the combination
of effective communication skills, technical competence and market knowledge.
It goes without saying that you should work with someone who also has a
proven record of success.
Regarding real estate companies – an agent’s abilities are more important
than the specific company. This is why past clients usually follow agents
to their new company rather than working with someone else at the old company.
As the saying goes, “People work with people, not companies.” Be circumspect
about agents who stress their company more than themselves.
Common wisdom is to interview three agents. This is not a bad idea if
the first two did not make a strong impression. If, on the other hand,
you are incredibly impressed with the first or second one, I say go with
that individual. Unless you have signed a buyer-broker agreement, which
is not common in this area, you are not obligated forever. If the relationship
does not work out to your satisfaction, you can tell the agent why and
find another.
In this time of decaying ethics, especially in business, more than ever
you need someone you can trust. In exchange for his or her loyalty, however,
you must be willing to give yours. Most successful agents ask their buyers
to agree to work with them exclusively. If you have found an agent you
consider worthy of your trust, this request is reasonable. The agent, after
all, is risking a considerable amount of time and effort with no guarantee
he or she will ever receive a commission check.
Understand that buying a house is more about your relationship with
the agent than about the exact house you select. Deciding on the right
agent for you makes all the difference in the world. Take the time to choose
wisely.
How
to Interview Agents, Part 1, Part
3, Part 4; Use
Local Agent; Clarifying Reality;
Another
New Contract, Part 1 and Part 2;
Not
Just Termites, Part 1 and
Part 2;
Are
Permits Important?; Check Drainage;
What Is A Bedroom?;
Understanding
The Market
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