Selling your home can be less nerve-racking if you have an idea of what
to expect. Since most people do not buy and sell homes often enough to
become expert at the process, they must rely on real estate professionals.
In this article, I continue my admonitions to help you avoid common, and
often costly, mistakes.
DON'T take for granted that a fast offer (soon after the house
goes on the market) means either that you underpriced your property or
that you will get a better bid.
DO be receptive to the offer. It probably means your agent
did a good job in pricing and marketing. Compare the price to what your
Realtor, at the time you listed, said might be the most likely scenario.
If it is close, consider the strong possibility that the next offer (if
there is one) may be less. If that occurs, you will appreciate what you
gave up, but it will be too late. As a rule, in the absence of multiple
offers, the first offer tends to be the highest. This holds only if the
asking price is not outrageously over market value.
Even in "hot" areas, where it is considered a seller's market,
presumption can backfire on the seller. I have witnessed competitive offer
situations mishandled to the point where all the buyers disappeared, much
to the seller's detriment.
Overconfidence can be reflected not only by the rejection of a reasonable
offer, but also by an agent's pronouncement that "offers will not be looked
at by the seller until (a certain date)."
I have never understood the logic of a seller refusing to review an
offer. If showings to buyers are allowed only after the brokers' tour (so
the house gets full market exposure), it is to the seller's advantage to
examine a buyer's contract. The seller can always counter or reject the
offer. He can also withhold a response for a day or two if he thinks other
contracts are forthcoming. Regardless, no one knows when the market will
change and offers should always be welcomed and respected.
There are some agents who will vigorously disagree with my position.
They will testify about how their sellers have benefited from multiple
offers created by holding off presentations during the first week of marketing.
This can and does happen.
I also know from experience, however, that multiple offers often do
not materialize as expected. In those instances, the leverage goes to the
buyer whose offer was held back, and who now knows the property is not
as popular as portrayed. We are assuming, of course, that the buyer is
willing to wait around. If he does, this can result in his lowering the
bid and taking a tougher negotiating stance. When that happens, the seller
is the loser and his agent shares responsibility in the loss.
DON'T be ignorant of the provisions of the purchase contract
and other, related addenda and paperwork.
DO carefully read the contract clauses and sign only if you understand
the documents. You can either take responsibility before you commit, or
try to extricate yourself from an unwanted agreement afterward. I do not
recommend the second option.
Before choosing an agent, ask him or her to explain which clauses benefit
you and which benefit the buyer. Select an agent who knows contracts and
how to represent you.
DON'T forget to clean off slippery walks, steps and decks during
the rainy season.
DO remove moss and wet leaves and keep all outside walking areas
well maintained. I have ungracefully fallen on my kiester several times
on wet days because the seller had not considered the safety of visitors.
Besides being a hindrance to the sale, it can also be a legal liability
if a buyer or agent is injured because of this oversight.
DON'T neglect outdoor weeding and upkeep.
DO keep your grounds neat and well tended. Weeds, overgrown lawns
and unkempt landscaping can detract from other favorable aspects of the
property. If you cannot do it yourself, it is worthwhile to hire a gardener
while the home is on the market.
DON'T hire "unknown" companies for pest control and other inspections.
DO ask an experienced local agent for recommendations. An example
of this happened just today. I have been in contact with a couple who are
thinking about selling their home. They invited me over to discuss their
situation.
During our conversation, they informed me they had recently ordered
a pest control inspection. They had thought about asking my advice, but
went ahead with people who had been referred to them.
Unfortunately, the firm they chose is not one commonly used by the real
estate community. The frequently selected companies have earned our trust
by establishing a track record of reliable service and integrity. New outfits
are suspect because we don't know if they will stand behind their work
when there is a problem.
Had the sellers called someone from the list I would have provided,
they would have benefited in two ways:
1) They would not have to pay $85.00 for a further
inspection of their exterior stucco walls. I would have set it up to have
had all the inspections done during the inspector's first visit; and,
2) they would have avoided the potential problem
of a buyer (at his agent's prompting) asking for a new inspection from
a "known" pest control operator. This can cause many complications (discussed
in Not Just Termites, Part 1 and
Part
2).
DON'T overlook the unfavorable impact of not having a garage.
DO treat this the same as too many steps or a busy street —
take it off the price. Most buyers require a secure place to park their
vehicles.
DON'T withhold any negative information about the property.
DO tell your agent everything that is, or could be, a problem.
Put it in writing on the Transfer Disclosure Statement. You are obligated
by law to do so. Even if you had the work done, it is a good idea to disclose
what went wrong and when it was fixed.
For example, a seller may not think to report a drainage problem repaired
two years ago as it has not shown signs of water penetration since. If
the drainage issue recurs after close of escrow, the buyer may look at
the seller's failure to disclose as a fraudulent omission of a material
fact. If the ultimate solution is a $15,000 drainage system, the seller
could be liable for that amount plus legal costs.
"Forgetting" to communicate problems is not an acceptable excuse, especially
if the item has an appreciable impact on the value or appeal of the home.
Failure to disclose is behind most buyer lawsuits against sellers. As a
point of information, when the seller gets sued, his agent is invariably
also a defendant in the lawsuit.
DON'T take the process personally.
DO realize that your residence has a market value totally independent
of you. The market will dictate the value and you need to accept that reality.
Also bear in mind that selling a home is not a contest to see who is right
and who is wrong. You want to sell so you can move on to the next phase
of your life. Keep the big picture in mind and the experience will be more
positive for you.
Final Thoughts
If selling a home was easy, there would be no need for residential real
estate brokers. I have provided only a small sampling of sellers' do's
and don'ts. The key to getting through the selling experience with
the least amount of trauma is understanding how important it is to choose
the right agent — someone whose advice you trust.
Related Articles: Sellers'
Do's And Don'ts, Part 1; Not
Just Termites, Part 1 and Part 2,
Understanding
The Market, and other sellers' articles (see
index).
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