This is not your mother's negotiations!

Everything is negotiable? The traditional way to negotiate involved going back and forth until both sides agreed on the terms. It was done void of emotion with both sides trying to feel like they have won. Real estate is supposed to be no different. Or is it? For the month past few months The Wells Team has been involved in numerous negotiations. Some turned out successful and others no so successful. Here is what all of them had in common: •Emotion came into play from both buyers and sellers •Buyers would not move off of their initial offer even after receiving a solid counteroffer. •Buyers did not tell us that this was their final offer. •Small items in the home (appliance, pool table,) became the focal point of the negotiation. •Buyers and sellers were basing their price on "what they FELT the home should sell for" and not the statistics that we provide. •Both buyers and sellers were holding their grounds based on "principle" •Both buyers and sellers were determined to be the winner. There was no concept of win-win. What are we telling our sellers? Before we receive an offer on your home ask yourself the following questions: •What is my time frame for moving? •Do I need to sell now or do I want to wait for the "perfect" offer? •What is the power of money? In other words if I sell now for a little less am I better off than continuing to pay taxes, utilities, and maintenance while waiting for the bigger offer? •What items in the home am I absolutely, at any price, unwilling to leave in the home? •Do I want to negotiate in small increments or do I want to be aggressive with any counteroffer? •Am I mentally prepared a "low ball" offer? •Has my agent provided me with enough data to give me a fair assessment of my market? It is not getting any easier. Take the time to prepare your sellers and your buyers for negotiations!

2012 Real Estate Predicitions? NONE!

After seven years in the real estate industry it would be safe to say that we have an idea what is going on in our local real estate market.

Instead of making bold 2012 real estate predictions I have decided to decline.

Why?

Because every other real estate agent, real estate company, and professional organization has already published theirs! My clients have read some of them but not many.

So my crystal ball stays in the closet with my ouija board, rabbits foot, and all other prognosticating devices that I own.

All I tell my clients is to be realistic and hope for a 2012 that was better than 2011.



Happy New Year to all!

They Took the Doors

This market continues to amaze us. It forces people into irrational behavior. Take the case of the latest home to go into foreclosure in my neighborhood. The home had been for sale approximately two years. A custom built home with upgraded appliances, light fixtures, and a pair of handmade antique front doors.

Needless to say the home was advertised for foreclosure at the beginning of December. Our team put a short sale offer on the home two weeks before it was to go into foreclosure. At that point the "owners" had taken the appliances, and changed out the light fixtures. We pressed ahead with the short sale offer despite the changes they had made.

Then they came back to us and said that they were taking the doors! What do you mean they are taking the doors! The same doors that they had advertised for two years as part of the home had suddenly become a "wedding present". The sellers had now laid claim to the doors.

After some tense negotiations the sellers agreed to leave the doors with the home. However after all that work the lender declined our short sale offer. The home was then foreclosed on the following. It happened on a Tuesday. I bet you will never guess what happened Tuesday night? Yes you guessed it. The doors disappeared. They were replaced by two standard metal doors.

My question to all of you is this: When you build, or buy a home, do you buy the doors, light fixtures, and appliances for cash and place them in the house or are they paid for by the mortgage? I will bet that all of the items are part of the mortgage. If the lender paid for all of these items then why do sellers feel it is their right to take these items out of the home?

Has this housing market killed our integrity?

When Do I File the Deed?

After six years I still learn something new everyday!

I have a client who is buying a home from a seller who purchased the home on the courthouse steps. The seller, with his investment group, paid cash for the property.

As we finalized the agreement with the seller we did negotiate with one disadvantage. We did not know what the seller paid for the home. Why? Because the seller had not filed the deed with the county!

After we finalized the agreement I brought up this point with the seller. The seller waited to file the deed because he did not want any potential buyers to know how much he paid for the home.

This seller has purchased numerous foreclosure homes in the North Atlanta area. After he purchases a home he does what he feels is needed to ready the home for sale. Obviously repairs and upgrades cost money and are taken in account when he prices the home.

The problem in the past is that potential buyers look up the home on the tax records, see what the seller paid for the home, and offer a slightly higher amount. There is no regard for repairs or upgrades made to the home. In many cases he has been offered $5000 to $10,000 more than what he paid for a property!

So this seller holds the deed as long as he can.

Of course once our deal is finalized the deed needs to be filed. If it is not filed the lender will not approve the deal and the lawyer cannot do a credible title search.

An interesting strategy in this crazy market!

Trying to Change the Closing Date

Your buyer is anxious to move up the closing. The lender says that they are ready, the buyer is ready, BUT: This is a short sale or a foreclosure!

What does that mean?

It means that the lender has to approve the HUD 48 hours prior to closing. It means having the HUD perfect. It means waiting for the title to arrive, via courier, to the attorney.

When The Wells Team works with a buyer or seller in this situation we become a second set of attorneys. We check on the status of financing, liens, paperwork from the selling institution, paperwork from the buyer's lender, review of bank addendums, inspections, appraisals, surveys and much more.

Bottom line: There are a lot of moving parts that go into a closing. Foreclosures and/or Short Sales make them that more complicated.

The Wells Team prides themselves on keeping up with their clients closing to the point that we also need law degrees!

When you buy or sell a property, especially a short sale or foreclosure, keep in constant contact with your real estate agent. Also realize that there a lot of moving parts to a closing. Trying to change the date can be done but only if everything comes together perfectly.

The key to a successful closing is keeping to a closing date, keeping in constant contact with your realtor, the closing attorney,and your lender.

A lot of work but well worth it at the end!