Can an Agent Use Commission to Pay a Buyer’s Closing Costs?

March 25, 2008

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This question comes from the Tennessee Association of Realtors Hotline, where agents can ask questions regarding Tennessee real estate law :

QUESTION: Is it still allowable for a real estate agent to apply a portion of her percentage of commission to the purchase price for a buyer? If so, what is the proper way to word this in a contract?

ANSWER: NO, this is no longer permitted. We recently discussed this issue with the Tennessee Real Estate Commission, and they are of the opinion that the new statute regulating cash gifts, Tenn. Code Ann. 62-13-302(b) will NOT allow the paying of closing costs for their client. This new law states “A real estate licensee shall not give or pay cash rebates, cash gifts or cash prizes in conjunction with any real estate transaction. As part of the Tennessee Real Estate Commission’s general rulemaking authority the commission may regulate the practices of real estate licensees in regard to gifts, prizes or rebates that are
not otherwise prohibited by law.”

This is a change in the previous rules governing this type of activity. The Real Estate Commission is of the opinion that the paying of closing costs would amount to a cash gift. You can still offer to cut your commission, but this would require that the sales contract be amended in order to reflect that the price has been changed. For example, if you are offering to reduce your commission by $1,000.00, the sales contract would have to be amended demonstrating that the sales price has been reduced by $1,000.00.

To be clear, sellers are allowed to help with a buyer’s closing costs, but usually only up to 3% on a conventional loan.

And please don’t ask me to cut my commission. It makes me cranky.

Price Conquers All

March 24, 2008

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If Knoxville sellers won’t listen to us Realtors, maybe they’ll listen to Glen Reynolds:

“A STREET IN MY NEIGHBORHOOD HAS HAD FOUR HOUSES FOR SALE for a long time. Last week they all sold. Hardly evidence of a trend by itself, but there is this report: “Sales of existing homes in the U.S. unexpectedly rose in February for the first time in seven months, easing concern credit restrictions and falling prices would hurt demand.” Most of the houses in my neighborhood dropped their price. My sense overall is that homeowners are much too slow to drop their prices in a bad market — people can accept that a stock might be worth less than last year, or worth less than when you bought it, but they seem to have a hard time mustering the same acceptance where a house is concerned. But drop the price, and it’s more likely to sell. And that’s what people will have to do, I think. Perhaps they’re catching on.”

Yes, perhaps they’re acknowledging one of the only universal truths in real estate:

Price conquers all!

Neighborhood of the Week: Lakemoor Hills

March 24, 2008

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Since last week’s NOTW was Sequoyah Hills, I thought Lakemoor Hills would be interesting to look at this week. Also known as the “poor man’s Sequoyah” or “Sequoyah South” due to its location across the river from Sequoyah Hills, Lakemoor Hills is a beautiful, established community just off of Alcoa Highway at Maloney Rd. But don’t let the nicknames fool you - with over 250 homes, many with lake frontage, lake views, or ample acreage, Lakemoor Hills is by no means a second class neighborhood.

Lakemoor Hills*

Current On-Market Listings - 6
Average Asking Price: $474,943
Median Asking Price: $369,900
Average Square Footage: 3437
Most Expensive Listing: $995,000 (5 BR, 5 1/2 BA, over 6500 sq ft on over 4 acres)
Least Expensive Listing: $229,900 (3 BR, 2 BA, approx 1833 sq ft)

Current Pending Sales -0
Average Asking Price - NA
Median Asking Price - NA

Closed Sales - February 2007 - 1
Average Sales Price - $495,000
Median Sales Price - NA
Average Days on Market - 160

Closed Sales - February 2008 - 0
Average Sales Price - NA
Median Sales Price - NA
Average Days on Market - NA

*Data taken from KAARMLS on 3/24/08 for Lakemoor Hills proper, and does not include adjacent subdivisions, condos or PUDS.

What neighborhoods would you like to see featured in the future? Any other stats that you’re itching to have?

The Truth About Open Houses

March 23, 2008

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Today (being Easter) is the first Sunday in I don’t know how long that I haven’t spent doing an open house & I have to admit I never quite know what to do with myself with a whole free Sunday. A Sunday with no open house is like peanut butter with no jelly.

Why do I love working on Sunday so much while my husband enjoys his day off? Is it because I love cookies and lemonade? Or because I love playing Scrabble on my cell phone for two hours straight on the days when nobody comes through the door at all? Is it because I want to be like Carolyn Burnham, everyone’s favorite Realtor from American Beauty? Or maybe because I love risking my life by dodging across traffic on Kingston Pike to put out open house signs?

No. I do it for the buyers. Well, and the sellers too.

The Buyers

Open houses have always been great places for Realtors to pick up potential clients, but even more so in this day and age when it’s easier to find unicorns wandering Wal-Mart than it is to find qualified buyers. Sure, most people start their home search online, but the next place they go is open houses.

I learned how to work open houses early on. It’s how I got my start in the business and also how I wound up closing 4 homes in my first summer. I didn’t have my own listigs, so I sat in other agents’ listings. I’d say about 3/4 of open houses are not held open by the listing agent. Do you think Big Time Agent X is doing an open house every Sunday? Probably not anymore, or if so, only on his or her very high profile listings. That’s what new agents are for. New agents will sit in your open house all day long because they are hungry for business.

Let me give you lookers a quick tip: if you don’t want to be pestered by an open house agent, tell them, as soon as you walk through the door, that you are already working with another agent. It’s like Realtor repellant. Agents are not allowed, by Tennessee state law, to mess with someone who is already working with an agent. You’re welcome.

A lot of listing agents don’t do open houses, saying that open houses don’t sell homes. Statistically speaking they don’t — I’ve only done it once, and it was in the first summer.

But I don’t expect to sell the house I sit in. What I do hope is to sell you on using me as your buyer agent when you buy your next home.

The Sellers

These days I have my own listings, and a softer market can make selling them very stressful. Sellers don’t like longer days on market and fewer showings per week. Sellers like activity an open houses are a great way to generate it.

I’ve already said that an open house may not sell my listing, but that doesn’t mean that open houses are wasted marketing. I have an awesome listing right now in Fountain City that is absolutely adorable with tons of updates and a great, level backyard. But none of this home’s awesome features matter a bit if nobody goes inside to see them. Open houses have been a great way to get people in the door of that house, and hopefully spread the word to other potential buyers.

Open houses are also a great way to get some brutally honest feedback. Trust me, if people don’t like that green shag carpet or think the price is too high, I’m going to hear about it.

So, today I’m going to try to enjoy the rest of my Sunday off. No cookies to buy, no signs to pick up or put out. Maybe I will eat the chocolate bunny I got or maybe I will attempt to clean the house. Today I will try to relax. But tomorrow I will already be thinking about next Sunday, and where I’ll be doing my next open house.

One Stop Knoxville Info Shop

March 22, 2008

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Check out Knox’d, a new website with “the latest headlines from the best of Knoxville” - kind of a one stop Knoxville info shop. Very cool.

Thanks to Michael Silence for the tip.

February Homes Sales Report Revisited

March 21, 2008

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Just what you wanted this week, more numbers, right? Josh Flory over at Property Scope has done his write-up on the Knoxville February Home Sales Report and he asks an interesting question:

“The median price for homes with two or fewer bedrooms, or four-plus bedrooms dropped, though. At the small end of the spectrum, the median price fell by a whopping 19.9 percent, to $62,500, while the median price at the high end fell by 3.7 percent, to $240,000.

Any thoughts on why this happened? One interesting quirk is the fact that there were 14 homes in the smallest category that sold for less than $20,000 in February, compared to only three in that category during February of 2007.”

I have no idea about the homes under $20,000 quirk, but as for the other, I think the answer has to do with the tightened mortgage qualificaiton criteria. People who would have bought on the lower end last year simply could not qualify this year, while folks looking to buy on the high side wound up qualifying for less loan and had to buy less house.

Does that make sense to anybody else or have I not had enough coffee today?

Get the Skinny on Your Zip Code

March 21, 2008

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One question buyers, especially out of town ones, always ask when we’re out looking at property is, “Is this a good area?”

Very fair question. Too bad I can’t answer it.

Due to fair housing laws, not to mention general liability issues, agents really can’t tell you if neighborhoods are “good” or “bad.” Now, you can usually look around and see if you’re in Dumpsville or not - cars up on blocks in the front yard, weeds everywhere, the garbage man is too scared to come and get the trash (don’t laugh, I’ve seen it).

But what about if there are no obvious signs?

Try Zip Skinny, a site that provides US Census and data information by zip code. Basic information on a zip includes education levels, marital status, household income, and occupations of the residents. Zip Skinny will also:

  • compare info on different zip codes
  • provide information on schools
  • show you a map marking the geographic center of the zip code

I looked up my zip, 37919, and found out that over 50% of the residents have at least a BA degree, almost 1/2 have lived in their home for 5 or more years, the median age of residents is 36.8 years, and only 2.1% are unemployed.

Check it out and let me know what you find out about your zip.

K-Town Makes More Lists

March 20, 2008

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Yesterday I posted about Knoxville making the Forbes list of best places to buy foreclosed homes.

Today the Knoxville News Sentinel says Knoxville has once again made the Forbes lists for best metro areas for careers and best cities to do business:

“A low cost of living, an available work force and the region’s location at the intersection of three major interstate highways, are among the factors driving job growth in the area…

The magazine cited the region’s relatively low business costs - 14 percent below the national average - as one of Knoxville’s strengths.”

Knoxville Chamber President and CEO Mike Edwards comments on the rankings to KNS:

“Corporate America continues to look at indicators such as Forbes’ rankings and they continue to see Knoxville listed. … These rankings drive interest in Knoxville and people give us a look that they may not have given us years ago.”

Knoxville 7th Best Place to Buy Foreclosures

March 19, 2008

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Forbes.com just named Knoxville the 7th best place in America to buy a forclosed home, and no, that doesn’t mean our housing market is tanking. It’s actually a good thing.

Forbes is saying that Knoxville, and the other 9 cities on their list are places worth investing in not only because their real estate markets are not totally tanked, but also because they’re actually showing signs of growth.
According to the article:
“Only today’s bravest buyers would consider homes in cities like Las Vegas and Tampa, where rampant foreclosures are sinking already weak real estate markets.
But in markets in other cities, where there are hints of stabilization, foreclosed properties might be a good investment. “
Hey, I’ll take a hint of stabilization over signs of certain demise any day.
To come up with the list, Forbes looked at median home price, spread between median prices and foreclosure prices (foreclosure savings), annual foreclosure rate, and median home price change from 2006 to 2007. Here are the stats for Knoxville:
Median home price: $125,150
Foreclosure savings: $30,696
Foreclosure rate: 0.6%
Price change 2006-2007: 3.43%
And yes, that 3.43% price change is a good thing.
I’ve listed all 10 cities on the list below.
1. Charlotte, N.C.
2. Raleigh, N.C.
3. Nashville, Tenn.
4. Oklahoma City, Okla.
5. San Antonio, Texas
6. Albuquerque, N.M.
7. Knoxville, Tenn.
8. Seattle, Wash.
9. Indianapolis, Ind.
10. Washington-Arlington-Alexandria

February Home Sales Report

March 19, 2008

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Better late than never - the February Home Sales Report numbers from KAARMLS are up. Let’s start with the good news first:

Average condo sales price is up.
Feb ‘07 - $164,300
Feb ‘08 - $169,500
Average sales price for homes with 4 or more bedrooms is up.
Feb ‘07 - $293,700
Feb ‘08 - $303,000
Now for the not so good news -
Average sales price for 3 BR homes is down.
Feb ‘07 - $182,700
Feb ‘08 - $155,000
Median sales price for 3 BR homes is down.
Feb ‘07 - $141,600
Feb ‘08 - $145,000
Median sales price for homes with 4 or more bedrooms is down.
Feb ‘07 - $249,300
Feb ‘08 - $240,000
Total number of single family unit sales is down.
Feb ‘07 - 1,160
Feb ‘08 - 902
Days on market is up.
Feb ‘07 - 94
Feb ‘08 - 100
And finally, here’s the “sellers are either in total denial or are eternal optimists” news:
Average listing price for new listings is up.
Feb ‘07 - $246,100
Feb ‘08 - $264,600
So, here’s my not so scientific analysis:
1. The condo market is still chugging right along.
2. Residential sales are still soft*.
3. Sellers think it’s still 2005.
*Please keep in mind that lower average sales price and lower median sales price do not necessarily mean that your personal home has depreciated.