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REAL ESTATE: Support documents sell homes faster – BCLocalNews

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By Freddy Marks

Property buyers spend a lot of time asking questions to determine if a property is the right choice for them.

Buyers must perform some level of due diligence with every property they are seriously considering. A buyer must examine every aspect of a property to confirm your listing is accurately represented and there will be no unpleasant surprises down the line. Mortgage lenders also depend on documentation to determine if a property is factually represented in order to approve buyers.

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Accurate and detailed listings with corresponding support documentation are a catalyst to sell your home faster and closer to the asking price.

Your realtor will ask you many questions about your property in order to create a detailed and accurate listing description. Your listing description is the white paper for your home, a chance to fully inform the reader of all the properties assets, services and features.

It is imperative that you have a comprehensive list of details and the supporting homeowner documentation that back up your listings claims. Documents make it real, they let a buyer know that what they read in your listing is actually true and honest integrity will prevail if they enter into a purchase contract with you. Their decision to make a competitive offer, and follow through with the final vetting and inspections, depends on how confident they are that the property is being truthfully represented.

Many buyers will still purchase property even if they know there are dated services, old wiring or major renovations are needed. It is to your advantage to be up front!

RELATED: Chilliwack and district real estate market back on solid ground

When a buyer ask questions of the listing realtor, for example, “how deep is the well, what year was it drilled and how many gallons a minute does it produce?” They expect that there is an honest and accurate answer backed up by the drillers’ well log.

Just typing out what details you know can be satisfactory, but it then puts the onus on the buyer to have a well inspection completed at their own time and expense. Quickly emailing a copy of the well drillers’ log directly to a potential buyer is the best way to answer their question and build a buyer’s confidence in selecting your property.

People don’t make major purchases that they don’t actually believe will be a benefit and asset.

Having the documents at the ready when buyers are vetting your listing puts your realtor in a position to market your property effectively. Confidence and accuracy of representation is extremely important and it is in every sellers’ best interest to keep a binder of all your homes pertinent documents that covers all the bases right from the beginning of ownership.

  • You may have old documents that you were given when you purchased the property. Include those, as well as all your own documents since becoming the homeowner. Like a property owner’s manual. Your property owner’s manual should include the official property deed, documents regarding loans on the property, your property tax invoice, copies of the property land survey, inspection reports, and copies of permits and contractors’ invoices for any upgrades.
  • If your home was built by a contractor in the last 10 years you will have warranty documents, and if you built your home yourself, an owner builder declaration certificate is needed.
  • If you own a mobile/manufactured home, the CSA number and registration papers are necessary.
  • Include records of your homeowner’s insurance to show the home/property are currently insured and the annual cost associated.
  • Keep and file records of plumbing, heating, service calls and any new appliance purchases with accompanying warranties.
  • Home buyers may want to know your homes energy consumption numbers, so include a years invoices for your hydro, natural gas/propane, pellet or wood cordage costs.
  • You may also have service contract documents, for example, an alarm system contract, pool servicing contract, or underground sprinkler contractor that services the property.
  • When the property is a rental unit, include a copy of the lease agreement.
  • Buyers should be aware of lease timelines, and if a buyer is purchasing the property for investment purposes, they will require the amount of revenue generated.
  • Pertinent rural farm or ranch property, water rights documents, irrigation equipment hour records, Crown range lease documents and other Agricultural Land Reserve documents should be in your property owner’s manual.
  • It is necessary to disclose any Homeowners Association (HOA) documents that include fees, charter by-laws, rules and insurance. Provide contact information for the HOA contact so buyers can conduct their own due diligence on the property.
  • Review the legal disclosures you are responsible for providing. They will be listed on your original purchase paperwork.
  • Properties in airport flight paths must be disclosed for noise.
  • Flood zones, earthquake zones and hazardous material sites must also be disclosed if you are aware of them.
  • When you enter into an agreement on a price with a buyer, transparency is important.
  • You are required to follow “disclosure laws” and make known to the buyer any hazards affecting the property before the sale is official. Examples of mandatory disclosures include: lead-based paint, asbestos, environmental hazards such as oil, gas, or toxic chemicals, water damage, defects/malfunctions of major appliances or systems, and past disputes over things like property lines or fencing.

Remember clarification improves efficiency and documentation can keep the forward momentum when a buyer shows interest in your listing.

It can be a very time-consuming process to perform due diligence research. Providing your properties “owner’s manual” to a buyer shows integrity and honesty. It can make a difference on how quickly potential buyers are able to make an offer, and ultimately, how long your listing will remain on the market.

SEE ALSO: B.C. fire department offers tips to keep your home safe during wildfire season

Even if you plan to stay in your home for years to come, it is always a good idea to create and keep adding to your property owner’s manual, as the years go by fast. It will make selling your home when you are ready a much easier, less stressful and enjoyable experience.

I’d like to wish all our readers a Merry Christmas and Happy New Year. Thank you for following our column.

Freddy Marks, together with his daughter Linda Marks, runs Agassiz’s 3A Group Sutton Showcase Realty. He has been a Realtor in Canada and Germany for more than 30 years, and currently lives in Harrison Hot Springs.


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A settlement in a U.S. lawsuit could upend the cornerstone of real estate industry: commissions – CBC.ca

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The cost of selling a home in the United States may be about to change dramatically.

A real estate trade group has agreed to a landmark deal to drop what was once a cornerstone of the industry: the six per cent sales commission paid to agents.

In Canada, two lawsuits filed against various real estate bodies want the courts to come to the same conclusion and force wholesale change in the way Realtors charge their fees when a home is sold.

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“We got here by a cartel of brokerages and real estate associations that control the rules, and they’ve done it for a very long time,” said Garth Myers, a litigator with Toronto law firm Kalloghlian Myers.

He filed the proposed class-action lawsuits in Federal Court on behalf of plaintiffs who allege that the Canadian Real Estate Association, the Toronto Regional Real Estate Board and several local brokerages and franchisors conspired to set fees and illegally drive up the price of real estate commissions.

At the heart of both the U.S. and Canadian cases is the opaque way in which real estate agents charge their fees.

Lawsuits revolve around Competition Act

In Canada, there are different fee structures in different jurisdictions. In Ontario, for example, a commission of five per cent of a home’s sale price is split between the buyer’s and seller’s agents.

With the average price of a Toronto home at $1,225,000 last month, Realtor fees would amount to $61,250.

In Vancouver, Realtors charge seven per cent on the first $100,000 of the sale price, and between 2.5 and three per cent on the balance. So agents would split between $29,500 and $34,000 in fees on a $1-million home.

A real estate 'For Sale' sign outside a single-family home.
In Canada, there are different fee structures for real estate agents in different jurisdictions. In Vancouver, Realtors charge seven per cent on the first $100,000 of the sale price, and between 2.5 and three per cent on the balance. (Ben Nelms/CBC)

In the U.S., agents generally charge a commission of five or six per cent.

But what is common among those different jurisdictions is that the fee paid to the buyer’s agent is baked into the price of the home, while a seller can negotiate with their agent and get a better fee.

A potential buyer can look up the details of a home on something called the Multiple Listing Service (MLS). The listing includes everything they would want to know about a property — from size and taxes to upgrades and amenities — but it doesn’t disclose the amount a buyer will pay in Realtor fees.

Myers said the existing system enables agents to steer clients away from homes that aren’t paying the full commission.

“It’s clear to us that consumers are being ripped off, it’s clear to us that the rules elevate the cost of buyer brokerage commissions,” he said. “Now the open question that the court is going to have to resolve is whether this is criminal conduct under the Competition Act. And that’s what we’re fighting about in court.”

It will likely take years before the cases are resolved.

WATCH | How sweeping U.S. real estate changes could impact Canada:

How sweeping U.S real estate changes could impact Canada

8 hours ago

Duration 6:22

A landmark legal settlement is upending the U.S. real estate market. CBC’s Peter Armstrong breaks down the possible ripple effects for home buyers and sellers in Canada.

U.S. industry pushes back

In the U.S., there is already fierce disagreement over what the court settlement — which ends legal claims from home sellers over real estate commissions — actually means.

On March 15, the day the $418-million US settlement was announced, the National Association of Realtors said fees have always been set by the market, not by collusion among agents. Besides, the group said, those fees have always been negotiable.

“Offers of compensation help make professional representation more accessible, decrease costs for home buyers to secure these services, increase fair housing opportunities, and increase the potential buyer pool for sellers,” the association said in a statement outlining the broad points of the agreement.

Rows of houses are shown in a subdivision.
A housing subdivision is shown in Middlesex Township, Pa., in April 2023. In the U.S., there is disagreement over what the $418-million US court settlement — which ends legal claims from home sellers over real estate commissions — actually means. (Gene J. Puskar/The Associated Press)

Since then, high-profile brokerages have pushed back against the notion that the industry will be forced to change as a result.

“Since the settlement announcement, there have been numerous articles and stories in the media on what this means for buyers and sellers,” Budge Huskey, president and CEO of Premier Sotheby’s International Realty in Naples, Fla., said in a statement released on Tuesday.

“Regrettably, most reflect a profound lack of understanding of the real estate business as well as mistaken claims.”

Huskey said the notion that sellers will no longer pay a fee to the buyer’s agent is simply false.

“There has never been any obligation for a seller to pay buyer agent compensation at any time, yet it has been a historical practice that’s worked exceedingly well since the advent of modern residential real estate,” he said.

Realtors in Canada, such as ReMax, aren’t saying much publicly while the cases work their way through the courts. A spokesperson for the organization would only say that “we do not comment on ongoing litigation.”

U.S. reaction watched closely here

“It’s important to note the litigations in Canada and the U.S. occur in different legal and factual contexts, and the litigations are at a much earlier stage here in Canada,” the Canadian Real Estate Association said in a statement to CBC News, adding that “we’ll continue to review U.S. developments.”

The statement goes on to say that buyers and sellers in Canada “have always been able to negotiate commissions with their agent…. On the buyer side, buyer representation agreements are required in at least seven provinces in Canada. These agreements set out terms like services and fees between an agent and their buyer. This represents more than 80 per cent of homes sold in Canada.”

Real estate experts on this side of the border have been watching the U.S. reaction very closely.

A man with grey hair and a grey beard, wearing a blue overcoat and tie, stands outside a building.
Murtaza Haider, a professor of real estate management at Toronto Metropolitan University, says he thinks the lawsuits in Canada will lead to the same outcome as those in the U.S. because the two real estate systems are so similar. (Pelin Sidiki/CBC)

Murtaza Haider, a professor of real estate management at Toronto Metropolitan University, said the two systems are so similar that he believes the court cases here will lead to the same outcome as those in the U.S.

But, he said, people should temper their expectations.

“We won’t have a system blow up. It’s basically giving the buyer the rights to negotiate with the agent, a commission for the services they may or may not use,” Haider said.

Down the road, he imagines a system where some buyers pay an agent a full commission to help them find a home, figure out a price and close the sale, while others will simply need someone to help them file the paperwork.

Haider warned that there may be some unintended consequences to changing the system. Currently, he said, the fee paid to both the buyer’s and seller’s agents is essentially included in the price of the home. Fees are not an extra closing cost outside the home price.

“Right now it’s baked into the mortgage amount, so you don’t have an out-of-pocket policy. But [if you] have the flexibility and freedom to negotiate, that amount [may be] coming out of your own pocket right away,” Haider said.

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Confidence growing among buyers as spring real estate market opens

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Open this photo in gallery:

Patrick Rocca, a broker with Bosley Real Estate, is listing a traditional four-bedroom house with a centre hall plan in south Leaside with an asking price of $2.399-million. He will allow offers any time at 111 Hanna Rd. because it is in the price bracket above $2-million.Bosley Real Estate Ltd.

The Toronto-area real estate market is heading into April with some renewed vigour now that March break has passed for Ontario schools.

Patrick Rocca, broker with Bosley Real Estate Ltd., holds off on listing homes that appeal to families during school breaks.

In Ontario, public schools take a one-week sojourn and private schools are off for two weeks.

With the Easter holiday falling in late March this year, many sellers have been holding off until April. Some activity has been dampened by the lack of supply.

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“There still is a lack of inventory – I think that’s going to change,” says Mr. Rocca, who is preparing to launch several listings in the coming weeks.

Some agents do list during school breaks because they figure not every family leaves town and the seller may benefit from competing with fewer rival listings.

But Mr. Rocca prefers to wait until more buyers are likely to be home and focused on house hunting.

“If you want to cover your bases and get 100 per cent of your market, wait until after March break,” says Mr. Rocca.

He viewed one house recently that was listed in March around the $2-million mark with an offer date scheduled for three weeks later instead of the usual one week.

The listing agent explained she wanted to give people a chance to return from vacation.

“Guess what – it’s still sitting on the market,” he says.

Mr. Rocca adds that prices are firming up again after sagging during the fall as buyers gain confidence that interest rates are not likely to rise.

One client was interested in a house that Mr. Rocca advised would be a good deal for about $2.5-million in the fall but the buyer wanted to hold out for a discount to the $2.3-million level.

The property was recently relisted and sold for $2.7-million, he says.

Houses are selling quickly in the segment below $2-million, he adds. Above that mark, deals are slower to come together.

“There’s still caution – it’s not 100-per-cent optimism – but it’s better than it was.”

Against that backdrop, the strategy of choosing an attention-getting asking price and setting a date to review offers is still risky, in his opinion. Agents typically set a deadline for reviewing offers when they expect multiple bidders.

Mr. Rocca is listing a traditional four-bedroom house with a centre-hall plan in south Leaside with an asking price of $2.399-million. He will allow offers any time at 111 Hanna Rd. because it is in the price bracket above $2-million.

Another property in north Leaside with an asking price of $1.9-million will also be listed without an offer date. But an older bungalow with an asking price of $1.6-million will have an offer date, he says, because it’s the type of property that appeals to a broad range of buyers, including families who plan to live in it and builders who may purchase it for redevelopment.

Ira Jelinek, real estate agent with Harvey Kalles Real Estate, recently worked with one couple who are selling their house in Toronto’s Yorkville neighbourhood in order to move to Durham Region, east of the city.

The couple has grown tired of the concentration of people and traffic around Avenue and Davenport roads, he says. In the smaller town of Whitby, Ont., they’ve found a house in an established suburb.

In addition to living with less congestion, they’re closer to family, he adds.

But overall Mr. Jelinek sees a shortage of listings in central Toronto this spring because many people who might downsize from their family homes are choosing to hold onto them.

Mr. Jelinek expects buyers to remain guarded until the Bank of Canada begins to cut interest rates.

“They’re very cautious before they make an offer.”

Farah Omran, senior economist at Bank of Nova Scotia, notes that housing sales in many markets across Canada dropped in February from January on a seasonally adjusted basis.

Peterborough, Ont. led the national decline with a fall of 15.2 per cent, while sales in St. Catharines, Ont. dropped 14.3 per cent and the Greater Toronto Area, 12 per cent.

Nationally, sales dipped 3.1 per cent in February from January.

Ms. Omran cautions against focusing too closely on monthly changes in the housing market – whether the swing is upwards or down. She notes that February’s sales were still higher than December’s tally and each of the three months before that.

Stephen Brown, deputy chief North America economist at Capital Economics, points to the data showing national house prices were flat in February compared with January as confirmation that prices have stabilized.

In addition, the latest data show inflation pressures are easing, says Mr. Brown, who sees a growing likelihood the Bank of Canada will cut its benchmark interest rate in June.

The economist doesn’t rule out a rate cut in April, but house prices may rise in the next few months, he says, which leads him to believe the policy-setting committee will wait to see how the real estate market heats up during the busy spring season rather than risk pouring fuel on the fire.

Mr. Brown is also keeping an eye on the federal government’s plan to restrict the number of temporary residents in Canada.

Last week Ottawa announced they will cut the share of temporary residents to 5 per cent of the total population from 6.2 per cent over the next three years.

Mr. Brown says population growth is set to plunge as a result and the new immigration plan raises the risk that the central bank will cut in April, though he still believes June is more likely.

Looking ahead, Mr. Rocca expects a brisk market at the peak of spring, followed by a traditional summer slowdown.

“I think it’s going to be busy right through until June.”

The fall may bring another spurt of activity – especially if the central bank cuts interest rates, he says.

But Mr. Rocca is warning sellers that the peak prices of 2022 are not returning any time soon.

“If you want to wait for a $2-million semi, wait a couple of years.”

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Jon Stewart found to have overvalued his NYC home by 829% after labeling Trump’s civil case ‘not victimless’

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Jon Stewart is facing online backlash after the comedian opined on air this week that Donald Trump’s civil real estate case for overvaluing his properties was “not victimless” — when it turns out the price of a previous home sale finds Stewart doing the exact same thing, The Post has learned.

On Monday night, Stewart, 61, unpacked Trump’s $454 million appeal bond, calling out experts framing the former president’s New York civil case as not causing direct harm to any individual.

“The Daily Show” host rolled a clip of CNN’s Laura Coates interviewing “Shark Tank” star Kevin O’Leary, who commented that the ruling didn’t “go over well” with the real estate industry that was now fretting over the possibility of becoming the next target.

Stewart’s episode on Monday night. The Daily Show/YouTube

Coates responds to O’Leary by highlighting that Trump was found liable for falsifying business records in the second degree, issuing false financial statements, insurance fraud and conspiracy, all due to asset inflation.

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“Everything that you just listed off is done by every real estate developer everywhere on Earth in every city. This has never been prosecuted,” O’Leary replied.

In response, Stewart asked: “How is he not this mad about overvaluations in the real world?”

“Because they are not victimless crimes,” he said.

To further his point, Stewart argued that “money isn’t infinite. A loan that goes to the liar doesn’t go to someone who’s giving a more honest evaluation. So the system becomes incentivized for corruption.”

“Shark Tank” star Kevin O’Leary slammed a New York judge’s ruling in Donald Trump’s civil fraud case. ABC via Getty Images

Stewart also contended that failing to declare a higher market value on a property, while paying taxes based on a lower assessed value, constitutes fraudulent behavior.

“The attorney general of New York knew that Trump’s property values were inflated because when it came time to pay taxes, Trump undervalued the very same properties,” Stewart added. “It was all part of a very specific real estate practice known as lying.”

But it didn’t take long for internet sleuths to look into Stewart’s own property history, which shows an overvaluation of his New York City penthouse by a staggering 829%, records confirmed by The Post show.

Stewart sold his 6,280-square-foot Tribeca duplex for $17.5 million in 2014. New York Post
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In 2014, Stewart sold his 6,280-square-foot Tribeca duplex to financier Parag Pande for $17.5 million. The property’s asking price at that time is not available in listing records.

But according to 2013-2014 assessor records obtained by The Post, the property had the estimated market-value at only $1.882 million. The actual assessor valuation was even lower, at $847,174.

Records also show that Stewart paid significantly lower property taxes, which were calculated based on that assessor valuation price — precisely what he called Trump out for doing in his Monday monologue.

Pande, who purchased the penthouse from Stewart, then resold the property at a nearly 26% loss, according to the Real Deal — at just over $13 million — in 2021.

The 2013-2014 property assessment of Jon Stewart’s Tribeca penthouse. NY Gov

Timothy Pool, a political commentator known for more right-leaning views, alleged on X that Stewart was being a hypocrite.

“Did @jonstewart commit fraud when he sold his penthouse for $17.5M? NY listed its market value at $1.8M an AV at around 800k… Who did he defraud?? I am SHOCKED,” he wrote.

“This is right in [Letitia James’] jurisdiction! I look forward to the grand jury indictment,” a user quipped in response to the tweet.

Stewart’s reps did not respond to The Post’s request for comment.

Meanwhile, the New York assessor valuation on Stewart’s former penthouse is the exact same citation method and metric that New York Attorney General Letitia James used to value Trump’s private and personal properties, and then sued him for inflating those assets.

This includes Trump’s Mar-a-Lago estate in Palm Beach, known as his main residence, which was assessed at only $18 million at the time. Real estate brokers had valued the property at 50 times more than that amount.

Same for hisprivate 200-acre New York family estatein Westchester, which was assessed between $30 million and $56 million.

Trump had valued the property, known as Seven Springs, at $261 million.

Last month, Manhattan Supreme Court Justice Arthur Engoron ordered Trump to pay $355 million — and temporarily banned him from doing business in the state — relying heavily on the assessed valuations of the properties to determine the ruling.

The $454 million bond to appeal the ruling marks the highest bond ever recorded in United States history against a single individual.

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