Helping Consumers Understand the Complexities
of Today's Real Estate Transaction
(REALTORS®: Working with Sellers)
Pro-listing ("pre-counseling")
Discussion and explanation of agency relationships.
Obtain signed Agency Relationships in Real Estate Transactions form.
Find out what the seller's expectations are, wants, desires, motivation for moving, price,
marketing plan: (Dual interview process)
What are the sellers looking for in an agent
Compensation in a real estate transaction, including the listing company's policy for paying co-op
agents. Including a discussion of Code of Ethics Standard of Practice 1-12, Variable
Commissions, etc.
What is the seIler's polition: i.e. relocation, move-up, retirement
Marketing Plan presented
Present a CMA -- Why they are the best agent/broker/ sales pitch
Marketing plan: Services that the agent brings to the sellers Valuation issues - properly pricing the property Marketing time Neighborhood sales and types of financing Current statistics/inventory Market expectations (i.e. first time home buyers may use FHA financing requiring seller to pay for some repairs) Staging Advertising/signs Open houses Virtual tours Promotional flyers/brochures Closing time
MLS exposure
Explain company policies on cooperation and compensation
How showings are arranged through listing office and who will be the contact person if listing
agent is sick, out of town or otherwise unavailable.
Electronic lock box key security system
Seller availability for potential time sensitive issues regarding purchase agreement
negotiations, removal of contingencies, inspections, etc.
On-the-Market Counseling
Industry trends, interest rates, marketplace issues
Housing supply in immediate area
Number of showings for their house versus other homes in the immediate area
Pre-Offer Consultation
How will offers be handled (faxed, buyer or buyer's agent present, etc.).
Will an attorney be reviewing offers?
Explain company policy on multiple offers and obtain seller's approval
Counter offers versus "sleeping on it" Explain pros/cons of waiting to make a decision on offers
received. Risk of losing buyer if long delays in acceptance or counters
Contingencies and inspections: Pros/Cons of accepting/rejecting offers that include contingencies?
Determine buyer's ability to purchase and consummate the transaction
Pre-approved versus pre-qualified qualification
Estimate net proceed sheet
Capital gains and tax implications
Binding purchase agreements, execution and acceptance. Oral agreements are not binding.
Presenting/Countering and Offer Acceptance
Analyzing the offer Analyzing the offer. What is flexible, what is not. Assist seller in understanding the risks and rewards of countering/accepting a particular offer. (Helping them answer, "what should I do?") Walking through the contract with them to analyze and understand the proposal. Earnest Money Purchase Price Personal Property Financing Issues and fraudulent arrangements Contingencies (House stays on market) Inspections (What happens during this time period/consequences/what can happen as a result of the inspection) Closing date Possession/Move-In Agreements Risks of multiple offers versus only one offer Reviewing the integrity of the other agent involved Verification of mortgage pre-approval strength of buyer anticipate any potential problems Appraisal and full-underwriting approval Net proceeds: bottom line for the seller Final Walk-thru review
Negotiate the offer Due diligence/time is of the essence Obtain proper signatures Provide copies to seller
Post Purchase Agreement
Follow through and stay on top of all aspects
Inspection time frames
Work orders: negotiated, completed and re-inspected
Buyer's mortgage lender follow up
Verify appraisal has been ordered
Title: locate and provide to title company
Schedule closing date, time and location and provide necessary documents to the closing agent.
Provide necessary documents to lender for closing
If a Common Interest Community sale, make sure the Disclosure Statement or Resale
Disclosure Certificate and other required documentation are delivered to the buyer. Track
the purchaser's right of rescission period.
Remind seller buyer has right to a walk through prior to closing (generally the day of or the
day before closing)
Negotiate any last minute complications/problems
Obtain and verify mortgage information and pay-off requirements
Review and summarize the purchase agreement for the seller
Counsel seller on what to expect at closing What to bring to closing What to be prepared for Review net proceeds, financials, etc. Drivers license (photo ID) Social Security Numbers Previous addresses Preview closing documents
Closing the Sale
Attend the closing
Go through the HUD with the seller and match with estimate proceeds
Credit for anything (Money transfers for bad carpet, etc.)
Watch for fraudulent financing proposals that could bring liability to seller
Handle any last minute issues-all known conflicts to be resolved by a written agreement,
including escrow agreements to avoid adverse consequences.
Home Warranty programs. Make sure they are addressed.
Exchange keys, garage door openers and final information about the property
Verify possession date and time
Post Closing Follow-up
Closure Survey Any questions/problems/concerns Send thank you note and/or gift
During the pendency of the transaction and after the closing, real estate agents can perform a significant
role in resolving disputes and moving the transaction forward and solving the problems before they
escalate. However there does come a point in time when an agent will have to back off and suggest that the
parties consult their own attorney. Dual agents are in a particularly awkward position when problems arise
because they represent both parties. The dual agent can be an information disseminator but must not be a
negotiator. Thus when a dual agent is involved and a problem starts to develop, the dual agent may have to
refer the parties to an attorney earlier then they might if they were serving as an exclusive agent.
These general guidelines provide an overview of activities completed by REALTORS®: in many real estate
transactions. Individual transactions may require additional or fewer services depending upon circumstances.
Dale Lundblad, Associate BrokerB.I.C. Realty
Hwy. 53 and River St.P.O. Box 1165Cook, MN 55723
(218) 666-5352