COMPLETE GUIDE TO BUYING A HOME
COMPLETE GUIDE TO BUYING A HOME
Jeff Dunaway, Broker/ REALTOR®
Table Of Contents
1.
How Real Estate Agents Help Home Buyers
1
2.
Owning vs. Renting
17
3.
Buyers' Needs and Desires
27
4.
Real Estate Horror Stories to Learn from
33
5.
Searching for the Right Home
39
6.
Buying a House: Negotiation Dos and Don'ts 49
7.
What to Know about Home Inspections
57
8.
Shopping for a Home Loan
65
9.
Programs for Home Buyers
71
10. The Closing Process
77
11. Organizing Your Move
91
Preface Hi there! It’s nice to meet you. If you’ve received this book, it’s probably because you’re thinking about buying a home. And if you’re like most home buyers, you may be nervous about the entire process. But that’s why I’m here! My job is to make your job as a buyer as easy and seamless as possible. Throughout my years of experience in the real estate industry, I’ve amassed insider knowledge to help home buyers get great deals on their home purchases. And now, you’ve got all of that information at your fingertips. In this book, you’ll find: • An overview of the buying process • How to determine your wants vs. needs in your next home • Information on securing a home loan • Common mistakes to avoid • A negotiation guide to save money on your purchase • And much, much more Sure, you can try to employ these strategies yourself, but you should know that an agent focused on serving buyers’ needs can make a huge difference in finding your dream home. Yes, buying a home can be stressful, but with this book (and my help!), we can make the process as seamless as possible.
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About Jeff I am a fourth generation Bay Area native and enjoy living and working in the SF Bay Area. After graduating from Livermore High School, I attended Cal Poly in San Luis Obispo where I earned a Bachelor of Science degree in Finance. After gaining a solid academic foundation from Cal Poly, I entered the professional world as a financial consultant responsible for assisting major corporations with initial public offerings (IPOs), mergers and other public financial transactions. In this position, I applied my academic knowledge to real world situations and gained valuable experience in understanding client needs and developed a proven track record for exceeding their expectations. After a few years, I was promoted and responsible for establishing new corporate satellite offices throughout Northern California and the Pacific Northwest. It was during this time that my interest in real estate emerged. In order to pursue real estate as a career, I accepted a position as a real estate portfolio manager overseeing 8 million square feet of office space. In this position, I ensured that all real estate leases, land development, and building acquisitions were competitive and consistent with corporate strategy. Although I thoroughly enjoyed this position, my ultimate goal was in residential real estate. Serving as a real estate broker since 2006 has been my most satisfying business endeavor and has given me the opportunity to build strong personal and professional relationships with a variety of wonderful people.
Business Philosophy My business philosophy is simple:
• Integrity – honesty above all else • Professionalism – holding myself to the highest standards and ethics • Attitude – laughter and a sense of humor encourage vii
creativity
Education Bachelor of Science in Finance – Cal Poly, San Luis Obispo California Real Estate Broker’s License 2006 Graduate of Level 3 Performance Real Estate Training Program
Accredited Buyer Representative – ABR Accredited Staging Professional - ASP
Professional Affiliations Member of Bay East Association of Realtors (BEAR) Member of California Association of Realtors (CAR) Member of National Association of Realtors (NAR) Hobbies Racquetball, waterskiing, boating, pickleball, wine tasting, BBQing, and playing with my golden retriever.
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WHAT MY CLIENTS SAY: Very fortunate to find Jeff and have him help us sell our Livermore home. We moved out of the area, so we were not nearby when the house was being marketed and sold. Jeff did such an amazing job keeping us in the loop and making us feel 'in the loop'. Jeff went above and beyond the call of duty when it came to marketing our home, including multiple open houses. Most of all, we felt that Jeff was personally vesting in our process, making a very stressful situation much more manageable. He was honest and forthright but cooperative at the same time - a very unique trait in the profession. Overall I would not hesitate to recommend Jeff for anyone who is interested in buying or selling a home and wants an agent that will absolutely do anything they can to meet your needs. Joshua Pack (Principal Civil Engineer at Nevada County), Nevada City, CA Jeff knows the market and was a truly nice person to work with. He even helped me find a gardener to improve the curb appeal. Carolyn Froelich (Senior Buyer at Adept Tech), Livermore, CA We have connected with Jeff from my friend's referral, which was the quite good start to work with him. We still asked some questions to see if he should be our guy. He answered all my questions honestly and sincerely. He was local and knows the area very well too. So we liked him. He gave us some good advices on how to prepare and to present our house nicely. By following his advices, we sold the house in a few days of listing with the higher than listed price. I was out of state, despite of my remote situation, all the sales transaction was taken care by him without a problem. I strongly recommend him if anyone looks to sell the house in the Tri-Valley Koji Nishikawa (Sr. Global Sales Manager at Yaskawa Motoman
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Robotics), Mason, OH
I have several investment properties and have worked with Jeff in purchasing at least 6 of these properties. He is one of the best bar none! I highly recommend Jeff for his market knowledge, negotiation skills and overall real estate experience. Don Middlebrook (SVP, Corporate Quality and Regulatory Affairs at Thoratec Corp), Livermore, CA Jeff Dunaway is an honest, professional, hardworking Realtor whom can communicate clearly with you to ascertain your needs, and then work diligently to get your needs met. It will be to your benefit to work with him. Alex Gonzalez (CFO, Vintage Mortgage Group), Livermore, CA Jeff Dunaway is an incredible Broker! I was absolutely amazed at how quickly he was able to sell our home and find us a house we really wanted and close the deal. Trust Jeff and you won't be disappointed. Tony Bertuccelli (Firefighter LPFD), Livermore, CA Jeff made purchasing our first home as easy as possible. He was extremely professional and went above and beyond to help us. He was full of knowledge about the area and was able to negotiate a fair price for us. I would recommend him to anyone looking to buy a home in the Tri-Valley area. David & Amanda Sanchez, Livermore, CA As first time homebuyers, my fiancé and I had limited knowledge of the whole process but fortunately Jeff explained everything, took the time for any questions we had and always looked out for our best interest. He never told us what to do but always made sure we had all the facts, good and bad. Jeff was patient even when we got a bit anxious or overwhelmed and he made a point to ask the important questions so he could better help us find what we were looking for. Jeff is great to work with
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and I would recommend him to friends, family, first time buyers or experienced buyers. Bryan & Jessica Hooper, Huntersville, NC It’s indeed fortunate that we ran into Jeff at one of the open houses that he hosted. We’re a first- time home owner in the USA and were not familiar with the realty systems and procedures. Jeff has been very patient and helpful in providing us information and bringing us for numerous viewing at all hours (even at 8am upon our request). Jeff also makes sure that everything is settled completely till the point when we receive our grant deed. Thanks, Jeff! Choong Kead & Ah Luan, Livermore, CA I had the pleasure of working with Jeff Dunaway when I contacted him to list my home and assist with the purchase of another. I was thoroughly impressed with Jeff ’s experience, integrity and knowledge from start to finish. He was consistently ahead of the game, and always there with a reassuring answer to allay my concerns. He made both transactions seem effortless and stress-free, no small feat in today’s real-estate market. It is without hesitation that I would secure his services again, and recommend him to all my family, friends and acquaintances. Michelle Stearns, Pleasanton, CA As a first-time home buyer, we needed a knowledgeable and honest agent. Jeff was exactly that. He was patient and unflappable, and his recommendations were always what werebest for us, not necessarily what would benefit him the most. Rand Stand & Monica Morris, Brentwood, CA Dear Jeff, We truly appreciate all the hard work you put in to helping us locate research and purchase our home. The exceptional personal service provided by you and your team certainly should be
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commended. You can definitely count on our recommendations for your services to our friends. Sincerely, Ryan & Ellen, Tracy, CA Jeff is a great realtor. His experience and knowledge of the housing market in our area was apparent and helpful. He took an interest in our lives and became a friend. We highly recommend talking to Jeff when it comes to anything Real estate. Matthew & Janette Bogdanov, Castro Valley, CA When it comes to making one of the most important purchase or investment decisions in your life, you want the best of the best to help guide you through making that important decision. When we hired Jeff Dunaway to help us find and purchase the perfect home for our family, we truly got the best of the best. We couldn’t be happier in our new home, and we owe it all to Jeff. Jeff ’s professionalism, persistence, perseverance, and genuine desire to help his customers really shines through. If you want the job done right, then Jeff is your man. Thank You Jeff, you’re the best!!! The Hachlers, Discovery Bay, CA Jeff was instrumental in the purchase of my property. He followed through every step of the way from the day we started looking until the day that the property closed escrow. While this may seem like the way all realtors should work for their customers, I would say that it is far rarer than it should be. I would highly recommend Jeff for any residential real estate transaction and will definitely use him again in the future. Scott Bohlmann (President, Valley Engineering Group), Livermore, CA It was my pleasure to work with Jeff Dunaway on the “Short Sale “of my house in Livermore, California this year. A few years back my wife and I discovered some flaws with our loan on
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the house and we were left with two options; foreclose, which is what multiple lawyers told us we had to do or, try to Short Sale the property and pray for a miracle. I presented Jeff with the “One of a Kind” issue and the hurdles he would face, he decided to move forward with the process anyway. Since January of 2015, Jeff worked tirelessly with the banks involved and also with attorneys representing the banks. Over the next few months Jeff was aggressive with keeping the sale of the property on track and staying a few steps ahead of the process to make it as seamless as possible. Jeff was able to work so well with the lending banks and create such a good rapport that they granted multiple extensions to allow the Short Sale to still happen. On Thursday, July 16 2015 at 4:15 pm Jeff called me at work to let me know a small miracle had happened and the Short Sale was final. I can’t thank Jeff enough for making this sale happen. Douglas Murray (Livermore-Pleasanton Fire Department), Livermore, CA
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CHAPTER 1 How Real Estat eal Estate Agents e Agents Help Home Buyers
I’ll come right out at the start and tell you I’m a real estate broker - proudly so! Nice to meet you! I’m not trying to sell you anything, but I’m pleased to be of service. I’m giving you the benefits of experience and advice I have gleaned throughout my career selling houses and being in real estate transactions—for both sellers and buyers. If you want me to help you find a house, we can talk. Call me if you need me. Technology has changed the way homes are sought and bought today. In this “Information Era,” most buyers are first introduced to the home they eventually purchase via the internet, through Zillow, Realtor.com, or one of hundreds of other real estate websites. With all this information available, you might wonder if you need a buyer's real estate agent. Can you handle the process on your own?
WHY HOME BUYERS NEED A REAL ES UYERS NEED A REAL ESTATE AGENT
Ah, not so fast, friend. The reasons to use a real estate agent today are as valid as yesterday. The ease of online transactions and the proliferation of services to assist buyers in handling their own real estate transactions came about recently, throughout the last decade. This has caused buyers to wonder if using a real estate agent is no longer necessary or if it's an expense that can be avoided. While doing the work yourself can save you money if you buy a “For Sale By Owner” (FSBO) house and the seller 1
agrees to reduce the price to offset agent compensation, for many, a do-it-yourself home purchase might be pricier than a real estate agent’s compensation in the long run. On most home sales, there is a listing agent (the agent engaged by the seller to sell the property) and a selling agent (the agent who introduces the eventual buyer into the transaction). The selling agent is sometimes called the “buyer’s agent” because he or she is often working on a certain buyer’s behalf, and it’s easier than explaining that the selling agent is not the listing agent but really the buyer’s agent. There are some real estate agents that market themselves as “buyer’s agents,” “exclusive buyer’s agents,” or “buyer’s representatives.” These real estate agents have chosen to make a business of finding homes for prospective buyers and handling the negotiations and transactions attendant to the purchase. These agents want to accentuate the reasons a buyer shouldn’t go directly to the listing agent when they purchase real estate. A buyer who goes directly to the listing agent and allows that agent to “manage” both sides of the transaction is dealing with an agent who has conflicting responsibilities. Their job is to get a good price for the seller, and they might not zealously represent the interests of the buyer. Those who market themselves as buyer’s agents indicate they’re only working for the buyer in a real estate transaction. A buyer's agent is therefore a real estate professional dedicated solely to representing your interests as the buyer throughout the home-buying process. Once you agree to work with a buyer’s agent, you will sign a written buyer agreement outlining key services and compensation. Then the buyer’s agent will work on your behalf, helping you find properties that meet your criteria, scheduling viewings, negotiating offers, and handling all the necessary paperwork and legalities involved in purchasing a
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home.
BUYER AGREEMENT GREEMENTS
New regulations will mean that potential home buyers will need to enter into a written buyer’s agreement before touring homes. A written buyer agreement is a formal contract between you and your buyer's agent. It outlines the services your agent will provide, the terms of your working relationship, and how the agent will be compensated. Compensation for the buyer’s agent can be directly paid by the buyer or negotiated in various forms. This agreement ensures that both you and your agent are clear on your mutual expectations and responsibilities.
Key Components of a Buyer’s Agreement
• Services Provided: Details of what your agent will do for you, such as finding homes, arranging viewings, and negotiating terms. • Compensation: Clear disclosure of how your agent will be paid. This could be a percentage of the purchase price, a flat fee, or another arrangement. It's important to know that agent fees are negotiable and not set by law. • Term and Termination: The duration of the agreement and conditions under which it can be terminated by either party. • Consumer Protection: Disclosures related to your rights, confidentiality, and any potential conflicts of interest. Entering into a buyer's agreement provides several benefits. First, it brings clarity to your relationship with your agent, ensuring that both parties understand their roles and responsibilities. Second, it demonstrates a commitment from your agent to dedicate their efforts to your home search. Lastly, it offers
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protection by safeguarding your interests and ensuring transparency throughout the transaction. By having a formal agreement, you can proceed with confidence, knowing that your agent is committed to helping you find your dream home while protecting your interests.
MORE ACCESS TO THE REAL ES O THE REAL ESTATE MARKE TE MARKET
A real estate agent will have better access to the market and a special knowledge of local conditions. The agent is a full-time liaison between sellers and buyers. An agent will have ready access to other properties listed by other agents. Buyers’ and sellers’ agents know how to put a real estate deal together. A real estate agent will track down homes that meet your criteria, contact sellers’ agents, and secure appointments for viewing the homes. On their own, buyers have a more difficult time with these things. This is even more so the case when a buyer is moving due to relocation or employment opportunity and does not engage a buyer’s agent to handle matters.
NEGOTIATING IS HARDER ON YOUR OWN
A real estate agent will keep the transaction “at arm’s length,” such that personalities and emotions do not become involved. Price negotiations take a special skill and understanding of the psychology of offering and counter-offering. Agents keep the transaction dispassionate and rational. For example, a buyer (you) might like a home but despise its wood- paneled walls, shag carpet, and lurid orange kitchen. When you work with an agent, you can express your opinions on the current owner’s decorating skills and complain about how much it will cost to upgrade the home without insulting the owner. Your agent will translate that to the seller—that you very much like the property but can see having to spend a certain amount in
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decorating costs, and thus can offer that much less.
CONTRACTUALLY SPEAKING…
There are many contracts and documents involved in purchasing a house. The stack is more than an inch thick. Unless you’re a real estate lawyer or title agent, these documents will be foreign to you. Yet, they require detailed and accurate completions. Buying a property is not necessarily a “fill-in-the- blanks” transaction. One mistake, let’s say in title work, could haunt the buyer well down the line after purchase. This very situation happened. A property that sat on a double lot was put on the market. The neighbor bought it to carve off a bit of the second lot to expand his own yard. The seller then put the home back on the market, and it sold. Months later, through a property tax notification, it came out that, in preparing new deeds for the properties, the expanded yard area was correctly in the name of the neighbor; however, the house had been transferred to the home buyer. The new homeowner now owned both houses, and the neighbor owned his expanded driveway and yard. Fortunately, they were good neighbors and settled the matter with a few signatures. A real estate agent deals regularly with these contracts, conditions, and unexpected situations and is familiar with which conditions should be used, when they can safely be removed, and how to use the contract to protect you.
YOU WON'T NECESSARIL N'T NECESSARILY SAVE MONEY
The point of not using a real estate agent would be to save money, right? Otherwise, why would someone turn down professional
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assistance in finding a home?
However, it’s unlikely that both the buyer and the seller will reap the benefits of not paying real estate agents. Buyers looking to purchase a home sold by owner without an agent may believe they can save money on the home by not having an agent involved, and so they look solely at FSBO houses. They might expect money to be saved and make an offer accordingly. Unless the buyer and seller agree to split the savings, they can’t both save that money—and that’s if the listing price was not already lowered to make it more market-attractive. Here’s a short list of the advantages that using a real estate agent can bring to your buying experience:
• Education and experience • Neighborhood knowledge • Price guidance • Market conditions information • Negotiation skills and confidentiality • The ability to handle paperwork • The ability to handle closing questions • Relationships for future business
It’s extremely important to know the “ins and outs” of real estate agents before you bring one along with you to help in your search for a home, just so that you know what to expect, and what will be expected of you.
WHO A REAL ESTATE AGENT IS GENT IS
Simply put, a real estate agent is someone licensed to list and sell real estate, including homes, multi-family properties, commercial, and industrial buildings. A REALTOR®, however, is somewhat different. A REALTOR® is a member of the National 6
Association of REALTORS®. While an agent is always a real estate agent, a real estate agent isn’t always a REALTOR®. As mentioned, real estate agents who work on behalf of the best interests of the buyer are commonly called buyer’s agents. All listing agents represent the seller, but other agents who don’t have buyer agreements with prospective buyers are working on behalf of the seller and must obtain the best price they can for the seller. Buyer’s agents are dedicated to looking out for the buyer's interests throughout the home-buying process. Buyers can schedule consultations with agents to learn more about the services they offer and to assess who can best represent their needs. Once buyers have decided on an agent who they feel can effectively represent them, they will enter into a buyer's agreement, formalizing the relationship and ensuring that their interests are protected during the search for their new home.
HOW TO CHOOSE THE BEST AGENT FOR YOUR NEEDS UR NEEDS
You might feel the urge to pick the first real estate agent who appeals to or approaches you, but that’s something to avoid. As with any professional, there are degrees of professionalism, dedication, and experience. The “wow factor” will simply wear off. Meet with prospective buyer's agents in their offices. A good buyer’s agent will want to know whether you’re pre-approved for a loan by a financer, what kind, and the terms of the loan you’re getting. They should spend adequate time to discover what you’re looking for in a house. They should listen as much as talk and ask questions. Watch to see if the agent makes notes. If the agent doesn’t broach the topic, ask for an explanation of his or her understanding of agency relationships and obligations
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to you. The law requires agents to explain whether they’ll be working for the buyer or the seller whenever they have substantive contact with a customer or prospective client. If the agent doesn’t offer you a buyer’s agreement, that agent is representing the seller, not you. If the agent can’t explain agency concepts to you, then move to the next agent. Be sure that the agent will be showing you all listings or properties on the market that meet your requirements, and not only listings that are handled in-house. Buyer’s agents have the legal duty to put the buyer’s needs ahead of their own. Even when an agent will be paid more for selling an in-house listing, they must inform you about other available, suitable listings and take you to see viable prospects. A good buyer’s agent will provide a home-buying education. The listing agent will point out all the features of a home; a good buyer’s agent will point to the faults—or advise when they can be overlooked. Competent buyer’s agents help their buyers to think clearly as the home-buying process unfolds. For example, if a house is a good buy, a buyer’s agent might suggest looking past the dated bathroom and kitchen and look at the space above the garage that will make the perfect art studio you desire. Likewise, a cute house with all the amenities but with knob-and-tube wiring or a 40-year-old roof might not be worth the asking price. According to the San Francisco Chronicle’s Home Guide, if you decide to buy with the intention of building an addition, the agent should advise you to check the zoning before making an offer. Agree to sign a buyer’s agreement after you have met with an agent, and discuss the terms for payment, whether that's a negotiated commission structure or a direct payment from buyer to the buyer's agent. A buyer’s agent is legally required to maintain your confidentiality, disclose material facts to you,
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including the potential for direct compensation, and maintain loyalty to you.
LOOK FOR PROPER CREDENTIALS
You wouldn’t trust a doctor who didn't have the proper credentials and licensing. Don’t trust a real estate agent who doesn’t present theirs or doesn’t have them at all. It’s easy to find real estate agents who can take the job, but finding agents with special credentials—those who have gone that extra step to take additional classes in certain specialties of real estate sales—is worth looking into. Here are just a few credentials within real estate that you should be on the lookout for: • Accredited Buyer’s Representative (ABR): Completed additional education during representation of buyers in their transactions. • Certified Residential Specialist (CRS): Completed additional training during the handling of residential real estate, such as houses and apartments. • Seniors Real Estate Specialist (SRES): Completed training for the purpose of helping sellers and buyers 50+ years old. Similarly, if you choose to use a real estate agent who’s also a member of the National Association of REALTORS®, it will be a bonus. However, ensure they have credentials that are relevant to your need(s).
RESEARCH LICENSING
Your state will have a license board for all active REALTORS® and agents, which you can easily access. You will also be able to 9
see their contact information, disciplinary actions, complaints, or any other information that you’ll need to help influence your decision—especially since most of the information is now posted online.
GIVE THE “WHAT ELSE” TEST
A good agent will know about all the other properties for sale in the area. Also, a good agent always does their research regarding the events in the current market, and those homes that are out there for the taking. In short, you want an agent who’s an expert of the current market, and someone who always stays on top of things.
RESEARCH THEIR BUSINESS ACTIVITY
Learning the type of market presence that a real estate agent has is the best way to figure them out. Ideally, you’re going to want an agent who specializes in one or two real estate markets, and who understands which types of homes and amenities are available within your price range. You can unearth this information by asking them or by asking the state licensing authority if you’re not comfortable with asking the agent directly. You’re better off with an agent who’s engaged actively in one area and price range—e.g., residential homes around the $200,000 to $250,000 range or the $400,000 and up range.
GOING THE BUYER'S AGENT ROUTE
So, you’re ready to take the plunge and look for a place to call “home.” To get the most out of it, use a buyer’s agent to avoid a flurry of paperwork, stampedes of buyers competing for the same property, and other challenges. Home buying can be exciting and exhilarating, but it can also be complex and stressful — which is why having a pro by your side can make an enormous difference.
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True to the name, buyer’s agents assist home buyers every step of the way; they can also save you both time and money on the road to homeownership. When you find the right one for you, these real estate agents will work day and night to ensure all your needs and requirements are met when it comes to finding the right home.
GETTING STARTED WITH A B TED WITH A BUYER’S AGENT
Your buyer’s agent will have a vast knowledge of the current real estate market for the area, which will include neighborhood amenities and conditions, the law, zoning issues, price trends, negotiations, taxes, financing, and insurance. Once you meet with the buyer’s agent and sign the buyer’s agreement, they’ll generally help you determine your needs and wants when it comes to finding a home and a neighborhood. The agent will teach you what you can afford, help you set a budget, provide some insight on the current conditions of the market, and explain what you should expect while shopping for a home. During the shopping period, you’ll meet with your agent for tours of homes in which you might be interested. They will give your insight into the floor plans, the home’s pertinent selling points, and the overall crime rate of that neighborhood. They will also give you the rundown for local activities, restaurants, shopping centers, and schools nearby. Your agent is responsible for ensuring inspections of the homes are complete, as well as the disclosures therein. They’re also in charge of ensuring coordination and completion is done through the roof inspector, attorneys, lenders, and all other professionals involved with the purchase of the home.
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If bargains need to be made over the price, you won’t have to negotiate yourself. Your buyer’s agent will do that for you, along with signing the final closing documents. They will be present whenever there are documents to go through and sign.
DUAL AGENCY: THE BASICS
A “dual agency” relationship occurs when a buyer is being represented by a brokerage firm that controls the listing. Once an agent represents both the seller and the buyer within the same transaction, the situation is known as “dual agency.” In multiple states, (not California) this is illegal because of the conflicts of interest that can arise regarding the broker. Even in states where allowed, dual agency must be clearly disclosed and consented to by all parties involved. This arrangement can create potential conflicts of interest, and buyers should be fully aware of these implications before agreeing to dual agency. All agents hold the same responsibility, which is to inform their clients of all potential risks that could arise due to conflicts of interest. Legally, agents are not allowed to work on both sides of any transaction without consent from the clients. If you’re selling your home and you don’t want your agent to also work with the buyer of your home, it’s your right to say so in the listing agreement. This is also true for buyers. A buyer can get out of an agreement with an agent if they are interested in purchasing a home their agent is listing. When it comes to dual agency, there are definite advantages for the seller.
• Trust has already been gained with your listing agent, so
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representation for the buyer has been established. • Your agent brought you the buyer knowing that you’re selling, even if your property has not yet hit the market. • Your listing agent will have already covered and researched your neighborhood’s market to gain buyer inquiries, which means your agent will be working from all sides of the deal to sell your house faster, and with more incentive. • Your agent works together with corporate relocation buyers who need to find a house quickly, and they will ensure it’s your house that’s bought. There are also cons for the seller when it comes to dual agency, and they are: • You can’t be advised by your agent as thoroughly when they must act as a dual agent because impartial facilitation is required. • Your listing agent is not allowed to negotiate the best or highest price for you if also negotiating both the best and lowest terms for the buyer. • Earning compensation from both buyer and seller, if the opportunity arises, may tempt the agent to coerce a deal that you might not accept otherwise. • Your agent may inhibit all access to your listing through buyers with agents. To avoid surprises or missteps in a dual agency sale, always ensure you have clarified important details with your agent ahead of time. You can do this by using an exclusive buyer agreement, or a listing agreement.
HOW REAL ESTATE AGENTS ARE PAID 13
The compensation structure for real estate agents can vary, especially with recent regulatory changes that offer more flexibility and transparency. Agents are required to disclose their compensation arrangements clearly in the buyer agreement. This ensures that you, as a buyer, understand exactly how your agent will be compensated and can make informed decisions.
Possible Compensation Structures
Recent regulations now allow for more varied compensation structures. Buyers will need to be proactive in understanding the costs associated with their agent's services, and may need to factor these costs into their overall budget for purchasing a home. Here are some of the ways a buyer’s agent can be compensated: 1. Split Commission Model: Starting August 17, 2024, commission information will no longer be communicated via the MLS (Multiple Listing Service). Compensation agreements based on commission must now occur off-MLS through negotiation and consultation between real estate professionals. These agreements may still follow the traditional split commission model, where real estate agents are paid a commission based on the final sale price of the home. This commission is typically a percentage agreed upon between the seller and the listing agent. If using this payment model, the buyer's agent would receive a portion of the commission, as arranged between the listing agent and the buyer's agent. Typically, all commission payments go through the broker managing the brokerage where the agent works. From there, the commission is split between the broker and the agent according to their internal agreement. 2. Direct Payment from the Buyer: The buyer may agree to pay their agent directly. This can be a flat fee, an hourly rate, or a percentage of the purchase price.
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3. Negotiated Arrangements: Other customized compensation agreements can be negotiated between the buyer and their agent. Before you start touring homes, you will need to enter into a written buyer’s agreement with your agent. This agreement will outline the services your agent will provide, the compensation structure, and other terms of your working relationship. The greater flexibility for agent compensation methods due to recent changes in regulations reinforces the importance of entering into a written buyer’s agreement. This formal agreement ensures both parties are clear on expectations and protects your interests throughout the home-buying process.
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CHAPTER 2 Owning vs. Renting
Owning your own home might be one of the defining qualities of the “American Dream:” the set of ideals that includes opportunity for prosperity and success and an upward social mobility for the family and children, achieved through hard work. Home ownership is surely ingrained as one of the strongest representations of that vision—66% of Americans own their own home, and more hope they will or wish they did. Something about home ownership plucks a strong chord with Americans. Financial security, permanency, status, and pride are values many of us seek. Lifestyle plays a big role in the decision to own versus rent. Home buying is most often driven by household formation, such as marriage and growing a family. Less than 40% of people under 35 years old own homes, 60% of people over 35 years old own homes, and more than 80% of people 65 years old or over own homes. Interestingly, for the millennial generation, the primary reason for buying a home? Owning a dog. The U.S. homeownership rate has fluctuated between 62% and 70% since the 1950s. Most young people begin their independent lives renting an apartment, maximizing lifestyle flexibility and minimizing the hefty upfront costs associated with purchasing a home. As they build careers, save money, and start families, many choose to buy a home, recognizing that home ownership, as opposed to rental living, is more appropriate to their growing family needs. At the other end of the age spectrum are homeowners nearing 17
retirement who may desire to sell their homes, downsize, avoid the maintenance and other obligations, and go back to renting.
WHICH IS BEST?
Is it better to rent or buy a home? Most adults ask themselves this at some point as they form their goals and plan for the years ahead. Before you answer the question, here are some things to ask yourself. Owning and renting each have their advantages, but what’s best for you depends on your circumstances. What will be the duration of your stay in the home? Each market is different, but whether the time you plan to spend in the house warrants its purchase is possible to predict. In general terms, it takes four to seven years to break even on a home (i.e., where there has been enough appreciation to pay back the cost of the transaction and cost of ownership). If you’re thinking about buying a home and selling it in two years, buying is very unlikely to be cheaper than renting. Do you think of or need your house as an investment in your retirement plan? Many Americans see their homes as a valuable asset, often integral to their retirement strategy. Real estate is commonly regarded as a solid long-term investment, frequently favored over other options like stocks, gold, or savings accounts. Its appeal lies in the potential for value appreciation over time. However, it's wise to remember that the real estate market is subject to fluctuations. Property values can both increase and decrease, influenced by various market and economic factors. This reality highlights the importance of considering real estate as one component of a diversified investment portfolio, recognizing both its potential benefits and inherent risks. Are you financially ready? Owning a home is a financial commitment that requires planning how home ownership fits into where your life is headed. Ask yourself what your budget
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is and if either buying or renting would require you to stretch your finances. Crunch all the numbers. A frequent mistake of first-time home buyers is comparing a month’s rent to a month’s mortgage payment. Many people don’t have all the numbers. There are many additional fees necessary to include to make a fair comparison: principal interest, property taxes, property insurance, homeowners’ association (HOA) fees, and ongoing maintenance. Are you prepared for the down payment? This is the lump sum payment that funds your equity in the property (how much of the property you actually own). Down payments vary; 20% is preferred and gets the best rates. There are some loans that allow down payments as low as 3%. Sometimes relatives help with the down payment. If you have a choice, take a gift rather than a loan because lenders will add the loan debt to other monthly obligations and potential mortgage payments to determine your debt-to-income ratio, which generally can’t top 43% to qualify for a home loan. Can you afford the monthly mortgage and its components? Generally, a mortgage includes loan principal and interest (both amortized over the life of the loan) plus homeowner’s insurance and property taxes (prorated). These items can affect the monthly loan-only payment by several hundred dollars. Are you emotionally ready? Can you handle the stress? A big factor to consider when buying a home is stress. The Holmes and Rahe Stress Scale, a landmark stress study, ranks many events that go along with buying a home in the top 43 most stressful circumstances in life. Four events are specifically home-related: change in financial state (No. 16), large mortgage or loan (No. 20), change in living conditions (No. 28), and change in residence (No. 32). If someone has recently made other life changes, such as marriage (No. 7), switching careers (No. 18), or having a child (No. 14), it might be wise to postpone buying a home. Stress
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overload can lead to missed payments, which can result in destroyed credit or even losing the home. It’s better to rent if your life is in flux and then buy when your stress levels are lower. Are you ready for commitment? Are you ready to make lots of decisions, from picking a real estate agent to picking paint colors? Are you confident enough to choose a neighborhood where you believe home values will continue to appreciate and that will serve your needs (i.e., proximity to schools, shopping, recreation, etc.)? Are you ready for devoting the time and attention to maintaining a home (i.e., leaf-raking, grass-cutting, appliance maintenance and repair, etc.)? Taking care of your biggest investment can be gratifying, but only if you’re ready.
ADVANTAGES OF BUYING YOUR HOME
Control over housing expense. By selecting a fixed-rate 15-, 20-, 25-, or 30-year mortgage, the homeowner has assurance that housing costs won’t increase over the period, and, in fact, will be eliminated at the end of the term (subject to refinancing). You build equity. Some of each monthly mortgage payment goes toward the loan’s interest. Other portions may go to homeowner’s insurance and county taxes. The remainder pays down the loan principal. Every dollar put toward your loan’s principal represents a dollar of equity—actual ownership of the property. Further, the property should appreciate in value each year, further adding to equity (what the house could be sold for versus what is owed on it). Discounting certain blip periods, such as the 2006 housing bubble burst, home prices in the U.S. appreciate nationally at an average annual rate between 3% and 5%. Remember, though, home value appreciation in different metro areas can appreciate at markedly different rates than the national average.
Improvements increase your home’s value. A homeowner can
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also increase a home’s value through home improvements, thus both making your home more comfortable and enjoyable while growing its loan-to-value (LTV) ratio. For instance, adding a bathroom or finishing a basement substantially increases the property’s functionality and appeal, while potentially boosting its value. Tax advantages of home ownership. There are significant tax benefits associated with buying a house, both at the time of purchase and for the duration of time you own the home: • Homestead exemption. Many states exempt owner- occupied homes (homesteads) from a portion of the property tax amount that would normally accrue. For instance, Louisiana exempts the first $75,000 of a home’s value from property tax assessments, so a $200,000 home in New Orleans is taxed as if it were worth $125,000. • Federal tax deductions. When you’re looking to purchase a home, it’s important to understand what can be deducted on your tax return and what can’t. Property taxes and interest paid on your mortgage can be deducted if you itemize your federal income taxes, which can reduce your income tax burden. Many home buyers, unfortunately, overlook the effect of mortgage interest on their federal income tax payments. Mortgage interest can be a powerful financial planning tool. Calculate the amount of mortgage interest deductions you are eligible for, and include that in your annual financial planning. Then, make a point of checking Internal Revenue Service (IRS) Form 1098, which you’ll receive from your lender at the end of the year. This form shows the amount of mortgage interest that you’ve paid. The Tax Cuts and Jobs Act (TCJA) applies from 2018 to 2025 and limits the 21
aggregate deduction for state and local real estate property taxes; state and local personal property taxes; state, and local, and foreign income, war profits, and excess profits taxes; and general sales taxes (if elected) for any tax year, up to $10,000 ($5,000 for marrieds filing separately). This limit does not apply if those taxes are paid or accrued in carrying on a trade or business, or in an activity engaged in for the production of income. In other words, if you are just living in your home, you can only claim up to $10,000 in tax deductions on your property, but if you are earning income directly from your home in some way, the limit might be waived. Comparatively lower lending rates on mortgages. Mortgage rates, though subject to fluctuation, often remain more favorable compared to other types of loans. Even in periods of higher rates, mortgages typically offer more competitive interest rates than personal loans or credit cards. This aspect of home financing can make homeownership a financially advantageous decision, providing a more affordable route to building equity than other borrowing options. Ownership rights and creative freedom. Your decorating and home-improvement choices are just that — yours, provided they don’t break building codes or violate homeowners’ association rules. You can paint walls any which way, add fixtures, update or finish your basement, or build a patio or deck. Changing your environment to suit whims is a freeing aspect of homeownership. A sense of belonging to the community. Homeowners tend to stay in homes for longer than renters and are more likely to grow roots. They might join a neighborhood association, volunteer at a nearby community center, join a school group, or align with a business improvement district. Renters might not do any of those
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things, particularly if they know their lease is up in a year and they might move. There’s an intangible pleasant feeling attached to owning your own house — a sense of freedom and independence. The home you live in belongs to you, and you can do what you want with it. You aren’t daunted about increases in rent or losing the lease. You’re free to make improvements and changes. Also, owning your home gives your children the guarantee of attending the schools in the area on a more permanent basis; you never need to worry about a notice from the landlord to vacate your rented house or apartment for a variety of reasons over which you have no control.
ADVANTAGES OF RENTING
It seems a shorter list, but one man’s pro is another man’s con, and there certainly are advantages to renting to factor into your buy- or-rent decision. No responsibility for maintenance. Admittedly, this is a big one. As a renter, you’re not responsible for home maintenance or repair costs. If a toilet backs up, a pipe bursts, or an appliance stops working, you don’t have to call an expensive repair person—you just call your landlord or superintendent. Renters in condos, townhouses, or apartments don’t have lawn and grounds care obligations. Relocating is easier. When renting, relocating for work is easier. Though a sudden move may require you to break your lease, you can partially offset the cost by subletting your apartment or talking with your landlord. On the other hand, selling a home takes time and effort. If you have a short timeline to sell your home, you may be forced to accept a lower price and lose some of your investment. No real estate market exposure. Home values fluctuate and can decline over time. If you’re a renter, that’s not your problem. If
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you’re an owner trying to sell—it is.
DISADVANTAGES OF OWNING
Maintenance. The renter’s largest advantage might just be the homeowner’s major disadvantage. While insurance might be available to protect against expense from major catastrophe, usual maintenance items are on the homeowners’ dime. Maintenance and repair can be as simple as repainting the baseboards and can also be as extensive and expensive as replacing a HVAC system or sewer pipe. The expense will vary from year-to-year; however, you can expect to pay about 1% of the value of your home annually toward these expenses. If you live in a $200,000 home for 10 years, that’s $20,000 over the period, and perhaps more if you must replace a costly, long- lived mechanical item, such as a furnace. Keep in mind the usual homeowner’s chores of lawn care, snow removal, gutter cleaning, and other regular home maintenance needs. Upfront and closing costs. Buying a home entails numerous upfront costs. Some are paid out-of-pocket after the seller accepts your purchase offer, while others are paid at closing. These include earnest money, down payment (typically ranging from 3.5% for FHA [Federal Housing Administration] loans to more than 20% of the purchase price), home appraisal, home inspection, property taxes, and first year’s homeowner’s insurance. Loss of relocation flexibility. It’s much easier to break a lease and move out of town than to arrange for the sale of a residence. Selling the home from out of town involves special logistics and financial matters, such dealing with the mortgage while the home is on the market. Financial loss potential. Homeownership builds equity over time; however, equity doesn’t equate to profit. If home values in your
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area go down or remain stagnant during your time as a homeowner, the appraised value of your home could decrease, putting you at risk of a financial loss when you sell.
DISADVANTAGES OF RENTING
No equity building. The monthly rent you pay goes to the landlord. It represents the fee you pay for using the property. You gain no ownership in the property, no matter how long you live there. No tax benefits. While homeowners can deduct property taxes and mortgage interest on their tax returns, renters aren’t eligible for housing-related federal tax credits or deductions. Home improvements go to the landlord. Any structural and decorative home improvements that renters make belong to the building owner and will have to stay behind when you move to a different place. Additionally, approval for desired major redecoration will be necessary. After all is said and done, the decision to buy or rent depends on the prospective home buyer’s circumstances. There’s no denying, though, that a home of your own is a good financial and a great emotional investment. An investment in a home can also mean an investment in your future. There is much to consider when you want to buy a home. Switching from renting to homeownership is highly challenging, but an exciting and amazing decision to make.
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