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FREQUENTLY ASKED QUESTIONS
If you don't find the answer to your specific question or would
like additional information, please feel free to send me an e-mail at pamela@ask-pamela.com.
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Q. What is the best process for determining what my
property is worth?
A. Many experts recommend that a prospective seller speak with
at least three local real estate agents to obtain opinions of
value or obtain opinions of value or a professional
fee appraisal in addition to an agent's opinion of value. This
is sound advice and I would take it a couple steps further.
I suggest that you ask the designated agents to address the
following questions in writing:
- Q. In regards to marketing and advertising, what should
my agent commit to? What kinds of ads, materials and Internet
marketing should I expect to see?
A. It's a good idea to get an advertising commitment
before you sign the listing agreement.
The extent of marketing and advertising
that agents will commit to varies widely between communities,
property types, price ranges and the agents themselves. I recommend
that sellers ask the agent to prepare a written marketing
plan as part of the agent selection process. Once sellers
have chosen an agent, it is a good idea to ask the agent to
sign a copy of the marketing plan and attach it to the
listing agreement as an addendum. This way all parties
understand what is expected.
For a complimentary copy of my
Marketing Plan for Sacramento and El Dorado
County area properties just send
me an email or call and ask me.
At the minimum, the marketing plan should include the following:
- Newspaper and Magazine advertising
- Where and when will the property be advertised?
- Internet advertising - Which websites
will carry information on your property? When will your property
be live on the Web?
- Postcards, four-color fliers
and brochures - The quality, quantity and distribution
of these materials may be dependent on the price range of
your property and local marketing customs. Just be certain
that you understand and agree with the agent's intentions
regarding print materials.
- Broker caravans - These are a useful ingredient
in most marketing programs and price ranges. Ask your agent
when your property will be held open for other agents in the
community. Please note that if you have valuable collections
of artwork that cannot be secured, this fact
should be discussed with your agent prior to a final decision
on any type of open house. Some sellers simply chose not to
have open houses or caravans. That's an acceptable decision.
- Weekend Open Houses - Maybe you do and maybe you
do not want your home to be held open on Sundays. Personally
I do not recommend Sunday open houses unless the home is vacant
or the Seller really wants this specific exposure. It is my
experience that motivated, qualified buyers will
seek out and make an appointment to see any home they are
interested in. My main exception to this rule is if the home
has been on the market for an extended period of time. There
comes a point at which cooperating agents sometimes cease
showing a property that is no longer a newer listing. If this
happens, a weekend open house can be an excellent way to help
attract new buyers and/or promote a price reduction.
There are a number of additional promotional tools that I utilize
to expose my listings to buyers and agents. Details are available
upon request.
- Q. How can we maximize the final (post negotiation)
sales price of our property?
A. The best ways to maximize the actual final sales price of
your property involve three components and are very specific
to each property.
- Visual Appeal - Regardless of whether the property
is a home, estate, apartment house or undeveloped parcel there
are usually some recommendations that a good agent can make
concerning quick and inexpensive things you can do to improve
the curb appeal and overall impression the property will make
on buyers.
- Advance Reports - Surprises are usually not welcomed
by Sellers, or their agents, during the course of an escrow.
For this reason my general philosophy is to advise that my
clients obtain and provide the required reports and disclosures
in advance of negotiations with a buyer. This serves to prevent
extended renegotiations, and possibly a cancellation, after
the parties are in escrow. One example of this is the Pest
Control Report. In Sacramento and El Dorado Counties, most
purchase offers will ask the Seller to provide a report and
often ask the Seller to pay for work recommended under Section
One of the report. Wouldn't you prefer to know the dollar
amount of recommend work in advance? Please see the following
Frequently Asked Question addressing inspection reports for
additional information.
- Create Urgency - The goal here is to create a sense
of urgency on behalf of the Buyers in the marketplace. This
response is often created when interested parties are concerned
that they may lose the property to another buyer if they don't
move ahead promptly with an offer, and also put their best
foot forward. The two best times to create a sense of urgency
are when the property first comes on the market and immediately
after a price reduction. Both new listings and price reductions
should be accompanied by a flurry of marketing and advertising
activity on the part of the listing agent. It's good to be
a Seller with two, three, or more competing offers.
- Q. What will I want to know and do to stay on the correct
side of legal issues in a real estate sale?
It's important to work with a broker who understands current
disclosure laws and is serious about
risk management. In my experience, the basic actions
required to stay on the correct side of legal issues involve
thorough disclosures, comprehensive contracts and
clear written communications. Disclosure requirements and forms
vary with the type of property but the guiding principals remain
the same. If the Seller is aware of a something that, if known
by potential buyers, could affect the value or desirability
of the property they should disclose it to the prospective buyer.
There are a number of specific disclosure forms that are required
for improved properties. Prudent Sellers and Brokers deliver
their disclosures in writing before or during negotiations and
have them acknowledged by the Buyer with a date and signature.
Not to worry, I will coordinate and track all of this if you
choose to work with me.
In my experience, detailed real estate sales contracts are
extremely important. The standard forms provided by the California
Association of Realtors are fine although there are many occasions
when an addendum, or two should be attached. If there are terms
or conditions that are not adequately addressed in the standard
form they can and should still be spelled out comprehensively..
When writing purchase offers and counter offers, it's best to
give adequate consideration to realistic timing
for the conditions that will need to be met. (These conditions
can include the buyer's financing, performing inspections,
giving notice to tenants, addressing pest control work and finding
a new home to move to as well as others). It's difficult to
estimate all of this with absolute certainty but important to
think it through. Lastly, when you are in escrow, your broker
should track the events that need to occur carefully to be certain
that you are performing as contacted for and ask your agent
to be certain that the other party does the same.
- Q. What do we need to know about trusts, probate and
selling a property that we have inherited?
A. There is quite a bit to know. Some of the first distinctions
concerning the real estate sale process for these properties
depend on whether property ownership was conveyed by a Trust
or a Will. I always advise clients, and prospective
clients, to talk with their estate or trust attorney
about the legal issues right away. Once a seller
has an overview of the regulations and guidelines involved,
we can discuss the appropriate forms and process for the sale
of the property. In regards to California disclosure requirements,
sellers do not utilize the Transfer Disclosure Statement form
for probate or some trust sales but will still want to disclose
information they have about the property that could affect it's
value or desirability. (Please see the previous Frequently Asked
Question about staying on the correct side of legal issues.)
Some estates and trusts require, or may benefit from, a court
confirmation hearing. As an added note, I have a good
amount of experience with trust and probate sales. If you would
like, I can also recommend local attorneys who can help you
to define and work through the legal processes concerning your
property.
- Q. What, if any, inspections should I do on my property
before we put it on the market?
A. Prudent sellers will provide as much information as possible
before they enter into a sales agreement. This serves to eliminate
surprises and late-stage negotiations and possibly
a cancellation. I usually recommend that the sellers, or their
brokers, order the following reports, at a minimum:
For residential and multi-family
properties:
- Pest Control Report (includes termites, dry rot etc)
- Natural Hazards Disclosure (this is a mandatory disclosure)
- Preliminary Title Report
For undeveloped land:
- Soils and / or Geology report
- Percolation Test report
- 'Will Serve' letters concerning the availability of utilities to the
property.
- Preliminary Title Report
- Natural Hazards Disclosure (this is a mandatory disclosure)
For rural properties:
- If you have a well instead of public water a water quality
test is advisable.
- If your property corners have not been surveyed in recent history,
and especially if the corners are not marked, you should consider
having the property surveyed. Many buyers will prefer an ALTA title
policy which requires a survey.
There are a number of additional reports
and information that can be provided to buyers, and that they may
request, during the course of an escrow. You will want to ask your
broker to differentiate the information you should provide from that
which the buyer will obtain, by their own means, for your particular
property.
- Q. If we put our residential property on the market
while it is tenant occupied, how can we convince our tenants to
cooperate with showings?
A. Selling a house that is tenant occupied
can be challenging, but it is also feasible. There are a couple
of possibilities and the best choice depends on your property
and your tenants. These suggestions are directed towards sellers
of single-family homes and small income properties (2 to 3 units).
Income properties with four or more units (as well as some duplexes
and triplexes) are usually offered "subject to
inspection" during the contingency period.
Some of my sellers have been successful in eliciting cooperation
from their tenants by offering them a cash bonus if the tenant
keeps the property clean and available for showings and the
property is sold during their tenancy. The terms of these arrangements
are very flexible and can be addressed to the situation. Some
landlords find this concept considerably preferable to offering
the tenants a rent reduction during the marketing period.
- Q. Can we do a 1031 exchange from a rental house we
own in Fair Oaks to some apartments in Seattle?
A. Clearly I must advise you to talk with your CPA or tax advisor
on this question. I can tell you that many property owners have
completed exchanges from properties in this area to properties
in other areas. The IRS guidelines for an IRC 1031 exchange
refer to properties held for the production of income or investment.
If your property meets this description, it's certainly worth
talking to your tax advisor and / or legal counsel. "Like-kind
exchanges" can be pretty diverse. There are a
number of websites to visit for additional information including:
landam.com,
firstamex.com
and fnx1031.com.
DISCLAIMER - Please note that I am a real estate broker and not
an attorney. Information on this website is not to be construed
as legal advice to any person or for any situation. Please consult
with your attorney or a recommended attorney in your area for
legal advice.
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