scott@cbfunkhouser.com   540-578-0102 scott@cbfunkhouser.com540-578-0102Click Here for Help! Scott Rogers     Harrisonburg & Rockingham County Real Estate
Scott RogersScott Rogers
Negotiations

Older Posts

Is My House Overpriced?
Price Reduced!

This is a question that many home sellers are wondering these days in and around Harrisonburg -- and perhaps all across the nation.  Let's see why....

A real estate market is considered to be balanced (between buyers and sellers) if there are six months of supply available.  Depending on the price range, there is quite a bit of excess supply in the Harrisonburg and Rockingham County housing market:
  • 11 months of supply under $200k
  • 17 months of supply between $200k and $300k
  • 20 months of supply between $300k and $400k
  • 28 months of supply above $400k (yes, that's more than 2 years)
Many months of supply means that a small percentage of homes go under contract each month in any given price range:
  • 1 of 11 homes under $200k will go under contract each month (9%)
  • 1 of 17 homes between $200k and $300k will go under contract each month (6% of inventory)
  • 1 of 20 homes between $300k and $400k will go under contract each month (5% of inventory)
  • 1 of 28 homes above $400k will go under contract each month (4% of inventory)
Again, if your home is priced above $400k, then you have a 1 in 28 chance of selling your home each month.  Ouch!  And thus, given these long odds, the question "Is My House Overpriced" starts to have new meaning. 

It was said by some, at one point, that if your house hadn't sold in 60 days, lower the price, and repeat.  Thus, if you started at $300k, and you hadn't sold it within 60 days, you might lower it to $290k, and wait another 60 days and lower it again, etc.  Eventually, you'd reach the point where the market (buyers) would respond to your price, and you'd sell the house.

That logic might work in a balanced market, but when the market is so flooded with sellers, and so void of buyers, the logic doesn't work as well.  Homes now sometimes sit on the market for months priced well below comparable homes, and don't sell.  Will they sell if the price is lowered?  Maybe, but maybe not! 

Time on the market is quite unpredictable at this point, and price is no longer the trump card.  In many markets, if a price was lowered to a certain place, a house would definitely sell.  If it appraised at $300k, and you lowered it to $280k, it would more than likely sell.  Now, you could lower it to $260k, and it might sell, but it might not.  You could then lower it to $240k, and it might sell, but it might not. 

Thus, as you can hopefully see, the answer to the aforementioned question (Is My House Overpriced?) is very difficult to answer.  I suppose the answer is that if it has been properly marketed, and it hasn't sold, then it is probably overpriced, but even if the price is lowered, it still may not sell.  One last illustration to explore this dilemma...

Three comparable houses on your street sell for $245k, $250k and $255k.  You assume your house is worth $250k, and put it on the market for $245k to be aggressive.  It doesn't sell after four months, so we assume it is overpriced -- even though recent sales would not suggest that.  After another four months at $235k, it still hasn't sold.  Is it overpriced?  I suppose the market would say yes, even though recent comparable sales still do not agree.  If, after another four months at $215k it has still not sold, do we STILL say it is overpriced???

2 Comments so far . . .
Sue Robertson:
Scott...as always, good information on the housing market in our area to share with our clients. I did share your blog with two of my clients last week who may be listing their homes in the future. I am sure they found the statistics informative, although probably not what they were expecting. Thanks for sharing!!
August 24, 2010 10:38 pm

Scott Rogers:
Sue -- thank you for your kind words. While the statistics do not show the best of news, they also could be a lot worse!! :)
August 25, 2010 12:48 pm

Add A Comment:

  Name (required)

  E-mail (required, not published)

  Website

Prove you're not a comment-spammer . . .

  


The Five Best Deals In The Last Ten Days
Over the past few weeks I have received (on behalf of my seller clients) quite a few offers that I considered to be quite low:
  • $30,000 under asking price on a $300,000 house (10%)
  • $30,000 under asking price on a $200,000 house (15%)
  • $40,000 under asking price on a $250,000 house (16%)
  • $60,000 under asking price on a $300,000 house (20%)
A few of these were negotiated successfully, and a few were not.  It made me wonder, however, how often buyers were really negotiating 10% or more off the asking price of a home.  So, let's take a look at a ridiculously small sample size (home sold in the past 10 days) and pick out the 5 best deals as far as the percentage that was negotiated off the listing price:

First, do note that of the 27 homes sold in Harrisonburg and Rockingham County over the last 10 days, on average, 5.4% was negotiated off of the list price. 

Now, for the houses where the buyers negotiated the highest percentage off of the list price....

4377 Hilltop Road (Massanetta Springs)

4377 Hilltop Road (Massanetta Spring) 
-  sold for 22% less than the list price


160 Wildwood Drive (Bridgewater)

160 Wildwood Drive (Bridgewater)  -  sold for 15% less than the list price


253 S Sunset Drive (Broadway)

253 S Sunset Drive (Broadeway)  -  sold for 11% less than the list price


2965 Pin Oak Drive (Belmont Estates)

2965 Pin Oak Drive (Belmont Estates)  -  sold for 10% less than the list price


545 Tabb Court (Preston Heights)

545 Tabb Court (Preston Heights)  -  sold for 10% less than the list price

So, with average negotiations of 5.4%, what do you think?  Where the four offers of 10%, 15%, 16% and 20% below asking price reasonable?  Perhaps negotiations have to start somewhere!



Oops! The Contract Price Is Higher/Lower Than The Appraised Value!
Missing The Mark

Most sellers want to sell "above value" and most buyers wants to buy "below value."  In a balanced world, however, a seller would sell for the "actual value" of their home, and a buyer would buy for the "actual value" of the home.  That's in a balanced world --- obviously, it doesn't usually happen that way.

We get one glimpse of whether the contract price is off the mark when we learn of the appraised value through the financing process.  Here's an oddity (or is it?):
  • If the appraised value is low (lower than contract price) the lender typically won't let the loan proceed, depending on the loan program, financing terms, etc.  Thus, the buyer will typically try to re-negotiate the contract with the seller since the appraiser has concluded that the house's value is below the contract price.
  • If the appraised value is high (higher than contract price) the lender doesn't mind, the buyer definitely doesn't mind, and the seller usually doesn't know.  The appraiser was hired by the buyer's lender, so the seller doesn't have a right to know the value of the appraisal.
Here are a few interesting repercussions from some of my most recent real estate transactions....

Rent-To-Own Prospect Wants The Best Of Both Worlds
A prospective tenant/buyer (rent-to-own) wants to negotiate purchase terms for what is essentially their option to buy a year into the future.  They want to buy for the lower of the price agreed to now, and the appraised value a year from now.  Wait a minute!?!?!  It would seem reasonable (balanced between buyer and seller) to either both take a gamble on ups/downs of the market and agree to a price now OR both agree to use a value determined in the future by an independent appraiser.  The lower of the two doesn't seem very reasonable for this prospect who is already trying to negotiate by asking for a lease-to-own when it isn't the seller's intent.

Buyer Thinks Seller Should Adjust, But Won't Do The Same
This is a bit obvious from the above referenced ways that thisappraisal process works, but it does seem to be a bit odd from theperspective of trying to achieve a balanced transaction between buyerand seller.  If the appraisal comes in low, the buyer gets tore-negotiate down.  So why doesn't the seller get to re-negotiatehigher if the appraisal comes in high??

Seller Agrees On Price, Then Seeing Appraisal, Refuses Repairs
I'm exaggerating this one a bit to make a point, but in a recent transaction, the lender (for some reason???) shared the appraised value with the seller's Realtor.  The seller thus was told of the appraised value, which was more than $10,000 higher than the contract price.  Certainly, the seller felt like they left money on the table, though the day before they had been quite thankful for the buyer and the price he was paying.  As a result of knowing of the value supposedly left on the table, this seller loses much of their desire to negotiate on repairs, even making a remark about how the buyer can make repairs using the free equity inherited from the lower-than-appraisal contract price. 

And while we're on the subject of appraisals, here's another strange aspect of the appraisal world --- feel free to offer your opinions....

Wikipedia defines the "market value" as determined thorough a real estate appraisal to be:

"...the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion."

So, wait a minute --- read that through again --- isn't that exactly what is evidenced in the real estate contract that is the basis for the appraisal in the first place??

A Bird In The Hand Is Worth About 1,000 In The Bush!
A Bird In The Hand Is Worth . . .

This is a well-known idiom, but it is sometimes left by the wayside when sellers are negotiating offers on their homes.  Thankfully, I don't typically have clients who ignore this concept, but in the last week I have heard of three sellers who need(ed) to take this to heart.  The details below have been fudged a bit to prevent you from determining which properties I'm referencing..

Scenario One:
The owners of a townhouse arguably worth $170k let contract negotiations fail at $172k.  Wait.....what??  They won't accept more than what it's worth??  I suppose this one is a bit subjective, but basically, we'll imagine that they have their townhouse listed around $180k, and have negotiated down to $172k, but won't go a penny lower.  The issue is, of course, that the buyer, the buyer's Realtor, and several other Realtors all concur that it would be optimistic to assume that the townhouse is even worth $170k.   So here, the homeowner's "sense" of the value of their home is preventing them from moving forward with an excellent offer in hand.

Scenario Two:
This townhouse has been on the market for roughly a year, and has been reduced in price by tens of thousands of dollars.  The owner has actually had quite a few birds in hand, as there have been multiple offers on this property over the months.  Here's what happens --- an offer comes in that is around $7k less than the asking price, the seller rejects it, a month or so passes, the seller lowers the price $10k, an offer comes in around $7k less than the asking price, the seller rejects it, a month or so passes, the seller lowers the price $10k, etc., etc., etc.  Bird after bird in hand, and then flying away!

Scenario Three:
I met some homeowners today who made an offer about a year ago on a new construction duplex.  Their offer was deemed to be too low by the builder, and thus rejected.  Now, a year later, the duplex is still available for sale, and the asking price is now just a hair lower than these homeowners' offer on the property a year ago.  With a (rounded) price of $230k, assuming the builder might have been carrying $150k of a construction loan on the property, at perhaps 6%, that decision has likely cost the builder $9,000 in interest over the past year. 

It is certainly reasonable to strive for the best possible price for your property if you are selling it, but you must carefully weigh the value of a bird (offer) in hand relative to the prospect of waiting (and waiting, and waiting) for the next offer to come along.

How much can I negotiate off of a home's asking price?
Over the past year in Harrisonburg and Rockingham County, 93% of all homes sold have sold within 10% of the seller's asking price.

% Sale to List

Given this market data, keep the following things in mind as you are considering making an offer on a home, or as you are considering pricing your home to sell:
  1. If you're thinking you'll be able to knock 20% or more off the asking price, you might have a hard time finding a property where a seller is willing to do so.  There are some (14 in the last year), but the odds are rather low.
     
  2. The average sale price to list price ratio during this time frame was 97% --- the median ratio was 98%.  Thus, if you're negotiating more than 3% off the asking price, you're doing better than most!
     
  3. This doesn't mean that most homes on the market will sell within 10% of their current list price.  It may take a price reduction on the part of the seller in order to generate an offer (and then contract) that falls within 10% of the asking price.
     
  4. Sellers -- don't get carried away overpricing your property thinking buyers will make offers.  The data above is also indicative of the fact that buyers aren't making offer after offer trying to negotiate significant amounts off the asking price.
This was a fantastic question asked by one of my current clients.  If you have a question, call me at 540-578-0102 or e-mail me at scott@cbfunkhouser.com.  Chances are, others have the same question, and it would be worth analyzing to benefit us all.

Happy negotiating!

Determining an offering price in today's market
Determining An Offering Price

In making an offer to purchase a home, there are many small and large decisions to make (closing date, home inspection, closing cost credit, etc) --- but the decision that often has a 30-year impact is the offering price.  A few short years ago (2003/2004), most buyers were offering at or very close to the asking price, as homes were "flying off the shelf" they were selling so fast.  These days you'll typically have a bit more time to consider your offering price, which should include thoughts and discussions about...

1.  Recent Sales
Perhaps the most important of all factors, at what price have comparable homes recently sold?  You likely won't want to pay too much more that the price for which other buyers have recently paid for similar properties.  This is often much easier thought than analyzed, as there are many homes where it is difficult to find directly comparable home sales.

2.  Competing Properties For Sale
It is also important to reflect on the price you would pay if you bought an alternative house that is also for sale and that is reasonably similar to the house you are actually considering purchasing.  If an owner is asking $250K for their home, even if other homes have recently sold around $250K, it would be important to know if three other comparable homes are currently for sale for $205K.

3.  Seller's Acquisition Cost
This information is not always available, and is not always pertinent, but it can guide conversations about an offering price.  If two owners are both trying to sell their homes for $250K, and one bought their home for $150K and the other bought their home for $220K, the price you might offer on one house would be quite different than the second.  Again, this is not always pertinent, as most owners won't want to sell their home at a price that they perceive to be under market value just because they can based on what they paid for it originally.

4.  Length of Time on the Market
Again, this won't always make an impact on the price that you will have to pay to purchase a particular home, but the owner of a home on the market for a week would see an offer of 85% of the asking price very differently than the owner of a home that has been on the market for two years.

5.  Your Finances
Perhaps the most important factor, you must make an offer at a price that is comfortable for you when it comes to the associated monthly housing costs.  Sometimes this means making an offer which you suspect will not be accepted, but some financial/budgetary rationale must be inserted into the conversation at this point.

There are many other ways to look at the asking price as you determine the offering price --- and indeed, each home sale scenario is different, so beyond this quick guide, determining the offering price warrants an in depth conversation. 

What are the chances that I will sell your home?
Who will it be?

What are the chances that your Realtor (a.k.a. "listing agent") will also represent the buyer of your home?  Or, put another way, what are the chances that the agent you hire to sell your home will be the one who actually sells it (represents the buyer)?

In 2008, there was a 1 in 4 chance that your listing agent would be the one to sell your home.  Of the 1,371 residential properties that sold in Harrisonburg and Rockingham County in 2008, there were 342 transactions (25%) where the seller was represented by the same agent as the buyer.

Statistics aside, however, this brings up the controversial issue of "dual agency" -- a practice in which the same agent represents both the buyer and seller.  Dual agency is commonly practiced (as we saw above, in 1 out of 4 transactions), but it is something that I typically try to avoid.  (Less than 5% of my transactions involve dual agency.) 

A dual agent is significantly limited in how they can represent the buyer and seller in a transaction because they are representing both parties.  It would be akin, in some ways, to one attorney representing both the plaintiff and the defendant.  There are plenty of times when this works out just fine, and an agent is able to fairly represent both the buyer and seller in a transaction, but there are plenty of opportunities for problems as well.

Generally, the only exception that I make for practicing dual agency is when I have a pre-existing buyer client who decides they want to purchase a property where I am already representing the seller.  (I'm in the midst of one of these transactions now.) 

Any thoughts here?  Is the 25% stat (of properties being sold by the listing agent) surprising high or surprisingly low?  Does dual agency seem perfectly acceptable, or remarkably absurd?

Offering to buy, or offering for sale, which comes first!?
Which came first?

So you want or need to buy a new house, but you must sell your current house before you can close on the new one.  Do you wait to try to sell your house until you have a contract on a new house, or do you wait to make an offer on a new house until you have a contract on your current house?  This is a bit of a puzzling question in the current market, and two of my clients are currently wrestling with this enigma.

Option 1 - offer to buy first
  • PRO - as a result of first negotiating on the new house, you can more precisely price your existing home because you know what you "need" to get out of the sale.
  • PRO - you don't have to wonder if the house you love will still be available once you have a contract on your current house.
  • CON - you will likely have less negotiating ability since your offer to buy is contingent upon your current house selling.
  • CON - even if you negotiate a deal on the house you hope to buy, the seller will likely include a kickout clause, which means you might not end up being able to buy the house after all!
Option 2 - offer for sale first
  • PRO - you'll know exactly how much you can spend on your new house, because you'll know what you will get out of your current sale.
  • PRO - you'll have lots (hopefully) of negotiating power on the new house, since you will effectively be making an offer sans home sale contingency.
  • CON - if there was a house you had your eye on when you first started offering your current home for sale, it's possible that it will already be sold by the time you have a contract on your current home.
  • CON - if you don't have a replacement house picked out, you may feel pressured to select a less-than-perfect new house because you don't want to lose the buyer you have for your current house.
Wow!  It's a tough decision!  Each buyer's (and seller's) situation is unique, so I can't universally recommend one of the courses of action above, or the other.  But we do need to understand all of the pro's and con's of each strategy so that you make the best decision on how to proceed!

Jump out there and make the offer!
Jump out there and make an offer!

Home sales are slow which means that buyers will likely be able to negotiate on the price of the home they hope to purchase.  All of my clients that have ears know this, and thus I often find myself answering the question of "how much do you think we could negotiate on the price?"

I always have some thoughts on how much we may be able to negotiate, often influenced by:
  • any incentives being offered by the seller, such as closing cost assistance
  • how long the property has been on the market
  • how recently, if at all, a price reduction has been made
  • any context created by the seller's Realtor
  • list / sale ratios in our market or in the neighborhood
  • how the price compares to market value
But even after examining and discussing all of these factors, it's impossible to know the lowest price that a seller will accept for their home.  As I often tell my clients, the only way we're going to know is if we make the first offer.  The seller's response to that first offer is often very insightful, for example:
  • If a house is listed at $235k and we offer $220k, we'll know a lot based on whether the seller responds with $233k or $228k.
  • If a house is listed at $345k and we offer $300k, we'll know a lot based on whether the seller responds with $342k or $330k.
But again, the only way we're going to get to having that insight is if the (prospective) buyer takes that first step of making the offer.  If you have found a house that would work well for you, certainly there is a price at which you would definitely buy the home, so why not make the offer and see what happens!

How close are buyers coming to the asking price?
Close To The Mark

One issue that often seems to be on a buyer's mind these days is the question of how much they should be able to negotiate off of an asking price for a house.  Let's take a look at closings from the past 30 days to provide some insight into what buyers are actually accomplishing right now in the market.

Examining all residential sales in Harrisonburg and Rockingham County (10/17/2008 - 11/16/2008) we find...
  • 51 residential properties have sold
  • The average sale price to list price ratio is 97.39%.
  • The median sale price to list price ratio is 97.87%.
Buyers are still coming relatively close to the asking price --- within 3%.  Taking a closer look, of the 51 properties that sold:
  • Only 1 buyer managed to negotiate more than 10% off the asking price (sales price of $100k, sale/list ratio of 77%)
  • Only 8 other buyers managed to negotiate more than 5% off the asking price (sales prices of $101k, $113k, $167k, $170k, $210k, $249k, $318k, $441k)
If you're considering buying in the near future, you should realize that this is certainly a buyer's market, but you won't necessarily have the ability to negotiate more than 10% off the asking price.

Go For The Gold: How to compete and win as a home buyer
Are all buyers created equal?  Certainly not --- especially from a seller's perspective in our current market. 

Which buyer will prevail?

Here's how I would rank buyers, from the most exciting to sellers (#1) to the least (#9)...
  1. Cash buyer, without a home sale contingency
  2. Pre-approved buyer, without a home sale contingency
  3. Pre-approved buyer, with a home sale contingency (with the house under contract)
  4. Buyer without pre-approval, without a home sale contingency
  5. Buyer without pre-approval, with a home sale contingency (with the house under contract)
  6. Pre-approved buyer, with a home sale contingency (with the house on the market)
  7. Pre-approved buyer with a home sale contingency (with the house not yet listed for sale)
  8. Buyer without pre-approval, with a home sale contingency (with the house on the market)
  9. Buyer without pre-approval, with a home sale contingency (with the house not yet listed for sale)
It is important to note where you are on the list above since the factors represented above often affect a seller's willingness (or lack thereof) to negotiate.

The good news is that you can (sometimes) take steps to move up this list:

  1. Get pre-approved
  2. Get a contract on your current home
  3. At least put your current home on the market
To note, here are some other buyer characteristics that are desirable amongst sellers:
  1. Minimal inspections
  2. In a hurry
  3. Large down payment
As a buyer in today's market, it's important to understand a seller's perspective before or during the process of making an offer.

Seller: "C'mon -- do your job -- convince those buyers to buy!"
Make Them Buy ItIf only it were that easy!

When I am representing a homeowner in the sale of their property, I am:
  • creatively presenting their home in the best possible light
  • aggressively marketing their home to potential buyers
  • diligently following up with each Realtor who shows the property to potential purchasers
But many sellers want me to go one step further --- and convince the buyers to buy! 

The reality is that I often don't have that opportunity!  Most buyers these days are working with a Realtor and thus have someone representing their interests.  I can talk the ear off of their Realtor to try to convince them of the merits of the house that their client has viewed, but I don't have the ability to directly affect the buyers' decision making.

Alas, in a market where sales are much slower than previous years, most homeowners really wish that I (or their Realtor) could make that connection with the potential buyers --- and somehow, somehow, convince them to buy!

We have been trying to sell our home FOREVER!!!
A lot of people feel this way right now --- that they have been trying to sell their home for many months (or longer) without success.  This situation is mainly a numbers game ---- closings are down 23% this year, and new listings are up 43%.  Clearly, there are many more sellers in the market than there are buyers, which creates the impatience for selling.

To put your situation in perspective, let's break down the listings that are currently for sale in Harrisonburg and Rockingham County:  This information is showing how many months these sets of properties have been on the market without having sold:

On the market for 0 - 6 months = 656 properties
On the market for 6 - 12 months = 208 properties
On the market for 12 - 18 months = 66 properties
On the market for 18 - 24  months = 20 properties
On the market for 24 + months = 8 properties  (yikes!)

If your house as been on the market for a few months without having been sold, don't despair --- it is just taking a bit longer for these properties to sell.

Is there a price at which you would buy this home?

Back in February '08, I wrote about buyer and seller perspectives on our real estate market, and pointed out that many buyers are bashful right now. They will look at quite a few houses, and find one or two that they like, or really like, or can't live without --------- and then, they will decide not to make an offer on the property.

Why, you might ask, would a buyer decide not to make an offer on a house they want to purchase?

Most often, it is because they think the asking price is too high, they aren't sure whether they will be able to negotiate it down, and thus they don't want to anger the seller or embarrass themselves by making too low of an offer.

I'm here to tell you --- make the offer! I have seen several offers work out very well for buyers over the past few months --- because the buyers stepped up to the plate and made an offer that they thought was reasonable for the house in question.

As we are evaluating properties, if a buyer seems to really like a house, but doesn't particularly care for the price, I ask the question... is there a price at which you would buy this home?

If there is, let's make an offer and see where we can go from there!


Housing Supply & Demand - May 2008
This is an illustration of the relationship between our market's supplyand demand in four price ranges. The numbers (6, 11, 14, 25) representthe months of supply of properties currently available based on averagedemand per month during the past twelve months.

Supply & Demand - May 2005

This month (May 2008) shows an increase in months supply in all except the lowest price range.  The most significant increase was in the $400k+ price range where the months of supply available jumped from 21 months to 25 months.  This was largely because of the increased supply of homes --- 152 homes for sale in May as opposed to only 137 in April.

Change Is Here . . . We Must Adapt!

Chameleons Adapt --- We Must As Well!There are quite a few local and national changes occurring right now that greatly affect buyers and sellers. Let's contemplate how we must prepare and adjust.

Slower Home Sales . . .

Aside from October and November of 2007, home sales have been lower each of the last 18 months than the same month a year prior. (see this graph) The lower number of home sales wouldn't be a problem if there were also a lower number of homeowners trying to sell their homes. This, however, is not the case --- not by a long shot.

In the first quarter of 2008, a total of 192 homes sold, and 523 came on the market. In other words, for every home that is sold, 2.7 homes are coming on the market. Wow! Last year wasn't quite as bad, as 255 homes sold in the first quarter, and 329 came on the market. During that time period, for every home that was sold, 1.3 homes came on the market. 

As a seller, you must be realistic about the potential pace of your home selling. As a buyer, realize that homes that have been on the market for many months aren't necessarily bad homes --- with more and more inventory, and fewer sales, "days on the market" is bound to increase.

Fewer Mortgage Options . . .

Over the past 6-12 months, the mortgage industry has drastically changed, eliminating loan programs and increasing requirements. This has created a lending climate that makes it more difficult for a buyer to obtain financing, and yet, if they do obtain financing --- it will be at historically low interest rates! 

As a seller, you ought to require a recently dated pre-approval letter with any offers. As a buyer, you need to devote plenty of time to researching your options for lenders and for loan programs.

Appreciation Remains, But . . .

Median sales price increased 8% between March 2007 and March 2008. And when analyzing year-to-date home sales (Jan-Mar 2007 vs Jan-Mar 2008), the median sale price increased 5%. It is great to see that home values are continuing to rise, despite fewer sales --- but there are certainly homes that have appreciated less than 5% in the past year.

Over the past five years, many homeowners became convinced that buying even if you might have to sell 12-24 months later was still a great idea. We likely need to revert back to prior thinking --- that you only ought to buy if you will be in the home for 3-5 years. With lower appreciation rates (5-8%, compared to 10-15% in recent years past), some homeowners have found themselves unable to sell their homes without losing money when purchasing and selling closing costs are considered.


Do Buyer Incentives Encourage A Sale?
Buyer Incentives --- Do They Work?Many sellers think so.....but I rarely meet buyers who think so.

You have likely heard of incentives that sellers offer buyers, such as:
  • seller to pay up to $3,000 of buyer's closing cost
  • seller to pay buyer's first three mortgage payments
  • seller to pay for one year of property owners association fees
  • seller to pay for one year of trash service
  • free car (really!)
  • free entertainment system
Sellers often hope to set their property apart from others by offering a buyer incentives to purchase their home. In theory, with two identical houses with identical asking prices, if you get a year of trash service with one, and not with the other, all buyers would pick the house with free trash service --- right?

But wait --- all such logic goes out the window given the negotiation process! For instance, it is quite possible that when presented with an offer, the seller of the house without free trash service might come off of their price by $8,000, while the seller of the house with free trash service might not negotiate at all. As becomes clear --- the existence of a buyer incentive does not at all guarantee a better opportunity for the buyer --- and buyers know this!

Additionally, buyers can ask for and attempt to negotiate any term they so desire in a contract. If you want free trash service from a seller who isn't offering it --- ask! If you want closing costs from a seller who isn't offering them --- ask! I rarely find a buyer who is bashful to include such concessions in an offer, even if it is not being advertised by the seller as being possible. Thus, the non-existence of a buyer incentive doesn't mean that the concession won't happen --- and buyers know this!

A few final notes . . .
  1. If we're in a strong seller's market (which we're not as of 3/2008) where sellers can demand any asking price they desire, a buyer incentive can work --- it highlights flexibility in negotiations.
  2. I find it especially interesting when a seller advertises a buyer incentive, and then tacks on "with full price offer." If, given the choice of a year of POA dues (value roughly $480) with a full price offer, or negotiating $1,000 (or more) off the asking price --- I'd ignore the incentive and negotiate on price!
  3. Advice to buyers --- don't be distracted by incentives, other than to acknowledge the stated flexibility of a seller before negotiations even begin.
  4. Advice to sellers --- lower your asking price by the value of the incentive --- that is effectively what you have done anyhow (by revealing your flexibility to those who see that detail), but without the mass benefit of a lower asking price.
Lastly --- I'd love to be proved wrong! Are you a seller who has seen the value of offering a buyer incentive? Tell me about it! Are you a buyer who decided to buy a home because of a buyer incentive? Tell me about it!


One Year Builder's Warranty on New Construction
New ConstructionAs you consider buying a newly constructed home, it is important to be aware of what is often referred to as a one-year builder warranty.

Technically, what we are referring to are "Implied warranties on new homes" per Virginia statute 55-70.1.


What is covered by the warranty?

The builder warrants that the "dwelling with all its fixtures is, to the best of the actual knowledge of the vendor or his agents, sufficiently (i) free from structural defects, so as to pass without objection in the trade, and (ii) constructed in a workmanlike manner, so as to pass without objection in the trade." Essentially, no structural defects, and workmanlike construction.


When does the one year start?

The earlier of when the title is transferred, or when the buyer takes possession of the property.


I bought a house three months ago and have discovered structural defects. The builder is telling me a warranty doesn't exist, because "as is" was written into the contract. Is this possible?

It is possible to modify or exclude the Virginia statute based implied warranty. However --- it is likely that the builder did not follow the statute when selling the property to you as is.

To sell a new property "as is" and exclude the implied home warranty, the fact that the house is being sold "as is" must be written on the face of the contract, in capital letters, in a font size at least two points larger than the other type in the contract. This doesn't happen too often.


I have a structural issue, what do I do?

The statute specifies that you have a cause of action against the builder, but that you must first notify the builder of the defect and allow them a reasonable period of time (no longer than six months) to cure the defect.


What about the foundation?

The foundation is warrantied for five years (instead of just one) --- though if a foundation issue exists, it must be reported to the builder within two years of when it is discovered.


The Virginia statute keeps referring to a "structural defect" --- what is that?

Per the code, "a defect or defects that reduce the stability or safety of the structure below accepted standards or that restrict the normal use thereof." Yes, that is about as vague as you can get.


My builder is asking me to sign a warranty document at closing --- why? And should I sign it?

First, take time to read the document.  In most cases, such a document includes verbiage that limits the (vague) rights you would have had under the broad Virginia statute.  Builders ask buyers to sign these documents to narrow the scope of buyer's possible warranty requests --- and this desire often comes from past buyers who have been unreasonable in asking the builder to address cosmetic (or other non-structural) issues within the first year. 

If the document only includes language that restricts or eliminates your rights under the broad Virginia statute, kindly refuse to sign the document.  Unless all parties agreed in the sales contract that a warranty document would be signed at closing, the builder can not require you to sign the document --- it is imposing a new contract term on the buyer, when that was not included in the original negotiations. 

One caveat --- sometimes the document serves both the builder and the buyer --- it can do so by specifically stating items that the builder will indeed repair that might otherwise be in a gray area given the vague nature of the Virginia statute.

Buy Now, Save Big (sometimes)
Buy Now, Save Big (sometimes)In two out of my most recent three closings, my buyer clients bought at a fantastic price --- below appraised value. 

Scenario #1 --- buyers offered a quick closing, with no home sale contingency, and paid $13,000 under the appraised value.

Scenario #2 --- buyers bought from a relocation company, and paid $10,000 under the appraised value.

Why is it happening?  In both cases, the buyers made aggressive offers --- instead of opting not to make an offer based on a higher than reasonable asking price. 

As I noted a few weeks ago, buyers currently seem to be hesitating to make offers, and sellers are hesitating to lower their prices.  For the buyer who is willing to negotiate, this means there are opportunities to buy at great prices!

Who Pays The Closing Costs?
Wrestling For Closing Costs!Some buyers make offers including a condition that the seller pay all or some of the closing costs.

Some sellers offer the incentive of seller-paid closing costs to try to entice buyers.

What's really going on here?  There are a few ways to look at it:
  • For some buyers, it can make all the difference in the world!  Some buyers are pursuing 100% financing (which is getting harder), and may not even have funds to pay their closing costs.  For these buyers, if the seller won't pay the closing costs, the deal won't happen.
  • For most sellers, it doesn't make a bit of difference!  Paying a buyer's closing costs changes the net proceeds to the seller -- but the amount of the closing cost allowance simply becomes another term of the negotiations.  The seller subtracts the closing cost allowance out of the contract price, and negotiates accordingly towards their desired net proceeds.


Older Posts

Search by Street Address Search by MLS Number Search by Realtor Collapse the masthead Scott Rogers Scott Rogers Visit My Blog