When it comes to selling a home, people have certain expectations of
their agent: putting together the listing paperwork; submitting it to the
Multiple Listing Service; installing a "For Sale" sign; running some ads;
and having open houses. They want their agent to tell them how much they
can get for the home, how soon it will sell and present a marketing plan.
It is not surprising that sellers' questions and interest tend to focus
on marketing, but this is only one of two main functions of a seller's
agent. The other and, to me, more important question is seldom asked: how
will my agent help me to protect myself from possible future problems?
This is where a knowledgeable listing agent earns his or her commission.
Protection takes many forms. The first is by always telling a seller
the truth, even if it is not what he or she wants to hear. Some sellers
may want to "try" a high list price at the outset. An agent who knows the
market and feels the list price should be lower protects the client by
recommending the lower price.
It is in a seller's best interest to set the asking price close to the
anticipated selling price. A sharply priced home has a much better chance
of selling within the first two or three weeks than one that is not. Overpriced
properties see few showings and fewer, if any, offers. Listing too high
usually results in a longer time on the market and a lower selling price
than pricing correctly from the start.
Some sellers believe their agent will "bring them a buyer." This is
true, but only indirectly. In most cases, the offer will come from another
agent in the real estate network. The listing agent's knowledge of how
to maximize the effectiveness of this network is an important factor in
the marketing and selling process.
The majority of buyers are shown a home by an agent other than the listing
salesperson. It is this other agent who will be writing the contract, not
the seller's agent. At this crucial juncture, the seller needs protection.
Once a contract is accepted and goes into escrow, the property is essentially
off the market. If this sale later collapses, the seller could be harmed
by the lost marketing time. The listing agent's job is to ask the selling
agent the right questions about the qualifications and intentions of the
buyer before the seller accepts the offer.
For instance, what is the source of the buyer's cash? There is always
the possibility that the buyer does not actually have enough cash to close
the escrow. He or she may be "hoping" to borrow from family, cash in a
401K, get an inheritance check, or sell stocks or mutual funds. When these
undisclosed plans fall through and the transaction fails, the seller is
left in the vulnerable position of having to re-market the property. It
is also possible to find out too late that a buyer has had some "small"
credit problems he forgot to mention. Unfortunately, lenders do not consider
most credit problems "small."
A buyer may be expecting the seller to pay for any work the home may
need, but a seller should never be in the position of signing a "blank
check." Unless the purchase contract states clearly that all repairs are
contingent on the seller's written approval, the seller may end up being
obligated for unlimited expenses. The listing agent's knowledge of the
appropriate contract language for the particular situation will protect
the seller from unforeseen expenses.
Another consideration is the timely handling of contract contingencies.
The purchase contract will generally contain buyer contingencies for, among
other things, inspections and financing. I strongly recommend that a seller
insist on requiring the buyer to remove these contingencies in writing.
All contingencies must have a time deadline. A problem is in the making
if the deadline passes without the contingency being removed. It is incumbent
upon the seller's agent to follow up assiduously on these contingencies.
For example, there may be a contingency where the buyer must, in writing,
substantiate the source of his or her down payment by a given date. Failure
to do so by the deadline is a clear indication the buyer may not have the
funds and that escrow may never close. If the sale is in the process of
rescinding, it is far better to find out sooner rather than later.
Regardless of how knowledgeable a seller may be, there are virtually
hundreds of situations, large and small, where he needs to be protected,
but may not realize it. Understanding what must be done and clearly explaining
the options is the job of a professional Realtor. When you are a seller,
you deserve no less.
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