I recently re-read The Millionaire Real Estate Agent by Gary Keller, Dave Jenks & Jay Papasan. It’s an awesome book and a must read for anyone in this business. In it, the authors chart a course for business success…success beyond the limits of what most people consider possible. (And for the record, the word “Millionaire” in the title does not necessarily mean that everyone who reads the book will become a millionaire. The word is simply a “place holder” for the ability to achieve success beyond the limits of your current belief system. It holds a similar meaning in the title of this post.)

One of the basic truths that comes out of this book is that achieving BIG success in real estate isn’t that complicated. It requires BIG thinking and BOLD action. And it requires the flawless execution of proven MODELS that work. It’s really that simple.

But most of us don’t trust simplicity. We frequently believe that to achieve great results, the solutions must be complicated, difficult and time consuming. In short…out of reach for most of us.

I think the same holds true for sellers in today’s housing market.

I have spoken to lots of home sellers over the past few months who are intimidated by what they see on the evening news. They’re AFRAID of the current economy and what it means for their ability to sell their home. They’re running scared, thinking that they can’t achieve THEIR DREAMS that involve selling their current home. And NOTHING could be further from the truth!

Make no mistake…these are unprecedented and challenging times in the housing market. But there ARE proven models that can help you achieve YOUR DREAM…if you put them in place, and execute them flawlessly.

And that’s where I can help.

Jazz legend Charles Mingus once said “Making the simple complicated is commonplace; making the complicated simple, AWESOMELY SIMPLE, that’s creativity.” I couldn’t agree more.

So take a few moments to see how I work with sellers. It will serve as a “preview” of the model I use to bring simplicity to the process, and achieve success for my clients. Does it work? Well let me answer it this way: Year to date, we have achieved the best outcomes for our sellers of any company in the Westfield market.

So don’t limit your dreams with a belief system that says I CAN’T. Yes…these are complicated times, but the solution is simple. Call me TODAY at 908-216-4836 to find out for yourself!

The home sale contingency (conditioning an offer upon the sale another property) has been part of real estate contracts since…well… since there have been real estate contracts. Unless you can afford to carry one property and still qualify for the purchase of another, a home sale contingency is a fact of life.

But when making an offer on a home, buyers should do everything they can to make their offer look better than the rest. There are a lot of ways they can do this. They can put more cash down, make a larger downpaymnt “up front”, or even waive some of the traditional contingencies…like home inspections. (Although I strongly caution most of my clients AGAINST this one. Unless you’re an experienced builder/investor who knows what ”deal breakers” to look for, the down-side risk is just too high.)

When marketing a home, sellers are looking for ready, willing and able buyers. But if you really need to sell first, you’re not really an able buyer…at least, not yet. When the market was blistering hot, having a home sale contingency was the “kiss of death”. The idea simply makes a lot of sellers a bit nervous. What happens if their house never sells? Isn’t it better to accept a contract that doesn’t have this additional condition built in?

Possibly. But in today’s slower market environment, I think it’s time to re-think the home sale contingency.

Slower Markets Demand Flexibility and Creativity

Let’s face it…the local housing market hasn’t really been tearing it up lately. As the graphic below shows (data courtesy of the GSMLS), 2010 has seen fewer contracts written in Westfield than in most of the previous few years. And since the home buyer tax credit disappeared on April 30th, things have really slowed down. Incidentally…if it wasn’t for historically “stupid low” mortgage interest rates, I suspect that August 2010 would have under-performed all of the previous years as well. So what is a home seller to do?

Accepting Contingent Offers By Adding A “Kick Out Clause”.

Increasingly, home sellers are beginning to recognize that any offer is a good offer. And while the terms sometimes need to be negotiated in order to get something acceptable to all parties, no offer from a qualified buyer should be considered insulting in this market environment.

Assuming that the price and all other terms are acceptable, many sellers WILL now consider accepting an offer with a home sale contingency. But in order to protect themselves, they’ll have their attorney add what we call a “kick out clause”. (And yes, this really needs to be done by an attorney and not your agent. As much as I’d like to help, I don’t have legal authority in NJ to alter the standard real estate contract in this way. In my view, it gets into that area known as “practicing law with out a license“…a big no-no for all licensed real estate folks.)

The kick-out clause gives the seller the right to continue to actively market the home, and search for an offer that does NOT require the home sale contingency. If they get such an offer, the 1st buyer…who still has a legally binding contract…has a limited amount of time (usually about 48 hours) to remove their contingency. If they can do it, they stay in the deal. If they can’t, they’re offer is thrown out and the seller moves on to the new contract. (This is where buyers need to think outside the box. Is it possible to get a very short-term loan from a family member until your house sells? Is it possible to temporarily borrow from a retirement account?)

There is always the chance that as a buyer, you could end up losing the home of your dreams to another non-contingent offer. I guess this makes the case for making absolutely sure that your home is properly positioned to sell quickly.  But if you find the home of your dreams before you sell, it’s still worth making an offer and not letting it get away!

For additional information on this topic or any other real estate need, contact Hal Benz -Your Home Sale & Short Sale Specialist. 908-216-4836

Despite what you see in the national media, houses in our market ARE selling. Seriously! I know of 2 local homes that went under contract last week at or above list price. Bother were on the market less than 3 days. And get this…one of them was not being actively shown because the homeowner was in the hospital. The offers were made sight unseen!!

In The Market, Out Of The Market, And No Man’s Land

Today’s housing market is fundamentally no different than any other. It’s just that there are fewer houses now that are truly “in the market”…meaning that buyers are seriously considering buying them. It’s all about a home’s price and condition.

Jap Papasan, best selling real estate author and VP at Keller Williams Realty put this short video together to go over the key issues. As always, Jay nails it. Check it out…

For information on how to properly price your home, contact Hal Benz -Westfield NJ’s Home Sale & Short Sale Specialist. 908-216-4836

In Part 1 of “Building Permits”, we reviewed when you might and might not need a building permit for a home improvement project. We learned that failing to obtain the proper building permits can complicate a real estate deal down the line, and can potentially cost the seller a lot of money. But who should be responsible for pulling the permit? And when you’re buying or selling a home, who should check?

Whoever Pulls The Building Permit Takes Responsibility

In most of the country, a homeowner can legally do most home improvement projects on their own (check in your local area). According to Jan Burchett, Executive Director of the National Association of the Remodeling Industry, it’s a good idea to have your contractor pull the building permit. While you might need to pay a little more for their time to do this, it’s worth it. “In most jurisdictions” says Burchette “the person obtaining the permit is considered to be the contractor and therefore the one liable if the work does not comply with building code.”  

Translation: If the job was done wrong, the homeowner will  be held responsible for correcting the problem…NOT the contractor! How many homeowners are prepared to take this on?

And here’s something I bet you didn’t know: If a home renovation project is done without the required building permits, you may inadvertantly VOID coverage for claims under your homeowner’s insurance policy. This issue alone makes the cost of the permit look more appealing, don’ you think?

So when you’re buying a home, how can you tell if the proper permits are in place?

One way to check this out is to review the Seller’s Disclosure Form. It asks whether the proper permits were obtained for a variety of jobs. If the homeowner answers “no”, then be careful. I’m NOT suggesting that the workmanship will always be poor and there is a safety risk.  But I AM saying is that without having an inspector come and check it out, you won’t know for sure. And we already know how complicated and costly that can be!

Another way is to check the home’s Property Card. The local building department maintains a record of permits obtained on every property in town. It is often referred to the “property card” for the home.

One of the most important tasks that a real estate agent can provide (and unfortunately, one that most fail to do) is to get a copy of it for their client. It’s a public record, and is available to anyone. (Here is a copy of a property card that I pulled for a buyer client last week. The identifying information was blacked out, since this is still an active contract)

By reviewing this card, you’ll see which jobs had permits pulled, and which ones didn’t. I can’t tell you how many times I find finished basements or additional bathrooms in a home that the town has no record of. Not only does this raise a safety concern, it also means that when the town catches on, the assessed value of the home could increase…sometimes significantly. And that means the property taxes will too!!

You should also find out if all open permits are CLOSED. I once represented a buyer in a sale where the contractor got all the permits, but never had the inspector come out to sign off that the job was finished.  The job was a large addition, and when the homeowner found out that the permits were still open (10 year later) the builder was out of business!! In the end, the homeowner had to escrow $60,000 at closing until everything could be resolved. What a mess!!

So to me, the takeaway here is simple: Don’t do a home renovation project without getting the required permits. And if they’re not in place, take care of the issue BEFORE the house goes on the market. Believe me, you’ll be glad you did!!

Building permits are one of the most overlooked parts of many home improvement projects. Why? Because many homeowners don’t know when they’re needed, and some contractors don’t want to deal with them.  But when it comes time to buy or sell a home, the issue WILL come up. And when it does, hang on. It can be a rocky (and expensive) ride!!

When And Why Are Building Permits Needed?

Building permits are required to ensure that construction is safe and meets standard building code. But the problem is that there is never a single code that needs to be met. There are often national, regional and even local codes…which makes sense. Buildings in an earthquake prone region would have different requirements than those that are not, right? But the inspection process can slow things down. Towns often have a limited number of inspectors to do handle the workload. This causes contractors to slow down, which drives costs up. Sometimes, a shady contractor will offer a “discount price” if the homeowner agrees to do the job without permits. (This is a major red flag. RUN…don’t walk…to a more reputable professional).

For the “do-it-yourself crowd”, the best advice is to call your local building office before starting any job you’re not sure about. You probably need a permit if you plan to do something major like:

• Change the footprint of your home,
• Move a load bearing wall,
• Change the roof line,
• Add electrical wiring,
• Open the wall to add a door or window,
• Add or move a fixture that requires venting to the outside – like a sink, toilet or gas burning appliance.

You probably don’t need a permit if you’re doing something small like:

• Replace a faucet,
• Replace floor covering,
• Change countertops,
• Replace doors or windows without altering the structure.

But remember – everything about real estate is local…including the permit process. I needed to get a permit to have a security system installed in my Westfield home. Don’t assume that you know…call the town and find out for sure.

If you are trying to buy or sell a home that has not obtained the required permits for renovation work, expect the transaction to become complicated. Typically, the buyer will want an inspector to come out after the fact, and certify that the work was done properly. This often requires walls to be opened up, and fixtures to be removed. It can be a costly and time consuming process…paid for in most cases by the seller.

A seller can refuse to participate and attempt to sell the home “as-is”. But if the failure to obtain permits was not properly disclosed prior to the negotiation of the contract, the seller should expect the buyer to re-negotiate the price…or terminate the contract. If the buyer decides to walk away, the sellers find themselves in the unenviable position of having to disclose the lack of permits to all future buyers. This is NOT good for your marketing plan!

In Part 2 of this series, I’ll review some of the risks associated with not properly resolving permit issues, as well as a simple way for both buyers and sellers to protect themselves.

Westfield NJ Homes have long been sought after by local home buyers. By offering beautiful parks & neighborhoods, high quality schools, an award winning downtown and a wonderful quality of life, the Westfield housing market has remained among the area’s strongest in the midst of our current housing downturn.

With so much to offer, you might think it wouldn’t matter which Realtor was chosen by those selling their Westfield NJ homes. And you’d be wrong.   Keller Williams…a relative newcomer to the Westfield NJ’s housing scene… leads the pack when it comes to delivering the best outcomes to Westfield NJ home sellers.

Picking The Best When Selling Your Westfield NJ Home.

How does anyone become “the best” at anything? I’ve always believed it had to do with results. But how do homeowners decide which Realtor to use when selling their Westfield NJ homes? Usually, they go with familiar names or recommendations from a friend. They often go to the web to check out the presence that their agent has online. And sometimes, they pick up the local paper to see who is advertising the most listings.

But surprisingly, most homeowners do very little real research about the agent or the company that they choose to represent them. In fact, studies conducted by the NJ Association of Realtors show that a full 2/3 of home sellers interview only ONE Realtor for the job!

The agents and companies with the strongest name recognition love that!

But what does the research show about the agents and companies serving the Westfield NJ market? I have long believed that there are 2 key indicators to look for in choosing a Realtor: 1) Who gets the home sold for the highest percentage of the original asking price, and 2) Who gets the home sold the fastest.

So I decided to run a little search in the MLS.

I compared Keller Williams (whose Westfield Team is currently working out of their Summit office until they secure office space here in Westfield) with some well known local real estate companies. I looked at ALL SALES reported in the first half of 2010 by these offices in the MLS…not just those taking place in Westfield. After all…these agents do business in lots of great towns. By expanding the study in this way, you’ll get a better picture of how successful these agents and offices are in a wide range of markets.

Included in the study were Coldwell Banker (both CB East and CB West, both in Westfield), Weichert – Westfield, RE/MAX – Westfield, Prudential NJ Properties – Westfield, Century-21 Taylor & Love – Westfield, ERA Meeker- Cranford, and Keller Williams- Summit/Westfield.

So what does the study show?

Keller Williams delivers the HIGHEST sale price /original list price ratio of any major player in the Westfield NJ home selling market. Keller Williams also has among the LOWEST days on market for their listings of any major player in the Westfield NJ home selling market.

(This data represents ALL transactions posted through the Garden State Multiple Listing Service in Union, Morris, Essex, Middlesex, Somerset and Hunterdon Counties for the target offices. Transactions took place between January 1, 2010 – June 30, 2010. All information is deemed reliable, but is not guaranteed by GSMLS.)

Being able to consistently deliver outcomes like these for my clients is one of the reasons that I joined Keller Williams (after leaving a management position for one of the other real estate brands in this study). And delivering outcomes like these are helping to make Keller Williams the fastest growing real estate company in America!

Here’s a few more things I bet you didn’t know:

• In 2009, Keller Williams surpassed RE/MAX to become the 3rd largest real estate company in the country.
• In 2010, Keller Williams won the prestigious JD Power and Associates Award for Buyer Satisfaction…for the THIRD year in a row!
• Locally, the Keller Williams Summit office (which currently includes my Westfield team) has done over $1 BILLION dollars in volume since it opened in 2005. So far in 2010, we are the #3 office for total sales volume in the Garden Sate MLS (out of about 2000 offices)!

So the next time you or someone you know needs to sell your Westfield NJ home, I encourage you to give me a call. Let me show you how we do things differently from the other real estate names you know so well. And experience for yourself what I call the Keller Williams Difference!

“It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” – Mark Twain

Through the years, I’ve come across several home sellers who’ve shared their secret with me. Something happened inside their house. Something horrible…something unthinkable. On occasion, the secret involved a murder. Other times, a family member committed suicide inside the house. And now it’s time to sell. Will letting people know what happened scare buyers away? At minimum, these sellers worry that disclosure might decrease the value of their home.

And the truth it…it might. Do they need to share what happened to prospective buyers?

Disclosure Rules On Stigmatized Properties Vary From State To State

Stigmatized Properties is the term we use to describe properties that the public might shun for reasons unrelated to its physical condition. According to Christopher Strahan a real estate attorney practicing in Princeton NJ, “New Jersey law does not require a home seller to proactively disclose this type of stigma. But if the buyer asks directly, then the seller is obligated to share the truth.”  

A stigma could be caused by an event like one of those described above. Sometimes, the home becomes notorious…well known in the public space…because of something remarkable that happened there. The 1971 murder of Westfield’s List family by husband and father John List, is a story well known in these parts, and comes to mind whenever I think of notoriously stigmatized homes.  (Incidentally, the List home on Hillside Avenue in Westfield burned down years ago. Still, curiosity seekers still visit, searching for something…) “When a home becomes notorious, it enters a much murkier area from a legal standpoint” says Strahan. “Buyers often do their diligence online. If you can Google the address and it pulls up pages of results, then I think the seller needs to be prepared to address the issue”. 

Consider the Dutch Colonial on Ocean Avenue in Amityville, New York…the scene of the famed Amityville Horror.

There Are Many Types Of Stigmatized Homes

According to Wikkipedia that there are numerous ways a home can become stigmatized. These include:

• Public Stigma: Where something causes the house becomes notorious as in the List case,
• Murder/ Suicide Stigma: When the event occurs inside the house or on the property but it hasn’t become notorious,
• Criminal Stigma: When the house becomes notorious for a criminal event…like being used as a brothel or known drug den,
• Debt Stigma: When the debt collectors repeatedly come to the home trying to collect, unaware that the debtors have moved on,
• Phenomena Stigma: You know…when the house shows up on an episode of Ghost Hunters

The Takeaway… In New Jersey, it’s still “buyer beware”. Sellers are not obligated to disclose stigmatizing events, so it’s up to you to do your homework and ask. As for sellers, I always counsel them to be prepared to share everything when asked. The truth WILL kill some deals…that’s the unfortunate reality of stigmatized properties. But it won’t kill EVERY deal! Be patient, have faith, and a deal will come together. 

A colleague once told me ”there’s a lid for every pot”. I agree. And there’s a buyer for every home…even a stigmatized one!

I showed a home for sale in Westfield the other day. The real estate agent called me for feedback, as all good agents would. When I told her why it didn’t meet my clients needs, she said something that really struck me: “My sellers really need to be under contract before the end of the month” she said. “If you can find a way to convince your buyers to take it before then, my seller will throw in a $1000 bonus to you the selling agent!” Say what?

Do Agent Bonuses Really Work When Selling A House?

I suppose her comments were designed to entice me, but instead…they ticked me off.  I just spent several minutes explaining why the house didn’t meet my clients needs. I told her that the neighborhood was terrific, but some of the bedrooms were smaller than we needed. The kitchen and baths were more dated than one expects at this price point in town. When she asked my opinion on the price, I politely told her that I thought it was a bit high for the current market. In the end, we were still looking.

But wait…there’s a bonus!!

Do you think that the extra $1,000 in my pocket matters that much to me? Really? No don’t get me wrong…I’m running a business, and I enjoy being fairly compensated for my efforts. I have a wife, a daughter and 2 crazy cats who all like to eat. But asking me to convince my client to do something that isn’t right for them just annoys me. It would be amazingly short-sighted on my part, and isn’t how I run my business. It reinforces the stereotype of the slimy real estate agent who is only out there for themselves. And frankly, I find it pretty offensive. Believe me, I would have sold your house if I could have. I didn’t show it just for giggles. If it met my clients needs, and represented VALUE TO THEM, I can assure you that you would have seen an offer from us. 

So here’s a quick note to all you Westfield Home Sellers looking for a creative edge in this market: There are still qualified buyers out there. Interest rates are still really, really low. I have buyers, and I would LOVE to sell your house! But help me out.

If you want to sell, it’s not all that complicated: 1) price your home properly, 2) have it staged it so it shows better than it’s peers, and 3) put together a complete marketing plan. The buyers will come…believe me.

But as far as I’m concerned, you can keep your bonus to yourself!

I saw a new home for sale in Westfield recently…or at least that’s what the seller wanted me to think. But when I looked closely at the address and pictures, I knew it was a home that’s been on the market for months.  The only thing “new” about it is that they replaced the exterior photo from one with snow on the roof, to one taken on a glorious spring day. Oh yeah…and they dropped the price by a whopping 1.2%!

Did they think we wouldn’t notice?

It’s a process that real estate brokers call “churning a listing”. A seller takes their home off the market for a few days (or weeks), and then re-introduces it again.  It’s a game that’s as old as the hills. But it’s a pretty bad idea (just my humble opinion, I guess). Here’s why…

Churning A Listing Resets Days On Market…But At What Cost?

The reason a seller and/or agent churns a listing is because the MLS keeps a record of days on market. When you “churn it”, the DOM count goes to zero and starts over again. So a house that has been sitting on the market for 5 months looks like it’s brand new. Or does it? 

As a broker, I’m constantly asked “how long has that one been on?” The assumption (and often an incorrect one) is that the higher the DOM, the more “motivated” the seller would be to hear a lower offer. The seller doesn’t want that, so they pull it off the MLS…wait a bit…and put it back on again.

But the serious buyers are not easily fooled. And the full-time agents are NEVER fooled! So when the house comes back on in the “new listing” column, everyone who is serious about real estate sees two things: 1) the same house, and 2) that this seller and their agent are open to manipulating the truth. 

And then I’m asked this question: “If they’re trying to hide the days on market, what else will they try to hide?”  Is this REALLY the message you want to be sending out to the market?! It’s kind of like resetting the odometer at the used car lot. Nobody’s really fooled, and it makes everyone look sleazy.

Now I have colleagues in the business who disagree with me on this point. They tell me that they’re just doing what they’re told…just honoring their fiduciary responsibility to their clients. BUNK! Article 1 of the NAR Code of Ethics is pretty clear. It says that the obligation to the client is primary, but it doesn’t relieve the Realtor from treating all parties honestly. Exactly where does resetting the odometer fall on the honesty spectrum?

So here’s what I propose to be a better plan: 1) Price your home properly the first time, 2) Stage it so that it looks better than it’s peers, and 3) Sell it and move on happily with your life.

Real estate doesn’t have to be that complicated, right?

It’s well know throughout the real estate industry that despite all of our marketing efforts, the most common way that a client finds a Realtor is through a personal recommendation. When asked how they found their agent in a recent NJAR survey, buyers cited ”referred by a friend” 3 times more often than the second most popular choices (and there was a tie here)  ”used in a previous transaction” and “internet website”.  

Those agents fortunate enough to have “raving fans” find that their business grows steadily through word of mouth referral. But sometimes, people are moving to a new area where they don’t know anyone. And sometimes they don’t know who to ask. Then who do you do?

Online Real Estate Agent Review Sites

We live in a world of online reviews. Whether you’re buying a new car, a BBQ grill or even a book for your weekend reading, there are scores of places online where you can learn what others are saying about that product. Increasingly, sites like Angie’s List and Yelp! are gaining momentum, and consumers are sharing their experiences with contractors and businesses.

But the real estate community has been reluctant to engage…

Let me clarify…there are already sites like Incredible Agents and Rate My Agent which exist to provide just the service I’m describing. But a quick search shows that most agents aren’t registered. And those that are have almost no reviews. Why?

And the Houston Association of Realtors is introducing a controversial new application designed to provide information for the consumer about agent productivity. Now that’s a level of transparency that I’ve not seen in the industry before!

I’ve spoken to many agents who are afraid of these online review sites. They worry that if a transaction goes bad, a disgruntled client could trash them online. And we all know that once your reputation gets hammered online, it can create a firestorm! (Just ask the folks at DELL about how this post by Jeff Jarvis changed their entire business plan). And consumers tell me that they worry about sites like this being “gamed”, with bogus testimonials singing the praises of a lousy agent. 

My personal opinion is one that welcomes the idea of online agent reviews. I think this is increasingly the way that consumers look for information about products and services. Today’s agents need to be OK with this level of transparency. Yes…there could be a bad review posted on occasion…real estate transactions can be complicated, emotional endeavors. But on balance, I have to believe that the good reviews should outnumber the bad.

So I put the question to you the real estate consumer: If agent reviews were readily accessible online, would you use them? Should agents be afraid? I’d love to know your thoughs on this…