Tag Archives: home buying

Staging to Stay

15 Friday Jan 2016

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Staging

As a Realtor, I help people sell and buy homes… but today I’m going to talk about staying IN your home.  Since most of you will sell or buy sometime in the next 5 to 7 years, today most of you are probably planning to stay where you are for the time being.  If you’re not, call me immediately and let’s sell your home!  But if you’re not planning to move in the very near future, what I’m telling you today will help you regardless.

When I go on a listing appointment with a potential seller, sometimes the house is perfect for selling.  Perfectly staged and ready to go.  You know the home – the one that looks like it belongs in House Beautiful or in the pages of Dwell.  But this is the exception rather than the rule.  If I can come in, get the listing agreement signed, have the pictures taken and get the listing in the system right away, that’s marvelous – but more often there’s work that needs to be done.  And often after the work is done, the seller will tell me that they wish they had done the work long before OR that they now don’t want to move!

SO let’s talk about the advice I’m going to give you when you go to SELL your home – if you do these things now you’ll be way ahead of the game and when you’re ready to really sell, you won’t have as much work to do; if you plan to stay, you’re going to LOVE your home all the more.

  1. CURB APPEAL. It’s everything when you go to sell – the first impression of your home is the most important.  So spend some money on landscaping and make sure you keep it up (this means an irrigation system if you don’t plan to water your plants yourself).  Don’t have too much “stuff” in the form of yard art and the like.  This will be a common theme as we move inside.  While we are out here, keep these in mind:
    1. A fresh coat of paint goes a long way in terms of curb appeal. A home’s exterior should be repainted every 7 years or so.
    2. A new welcome mat IS welcoming. And not that expensive.  Spring for a welcome mat you love.
    3. Consider adding seating somewhere in the front yard – some place welcoming, a place to rest, a place to enjoy the yard. You will meet a lot more neighbors if you hang out in your front yard!
    4. Along those same lines, if you have a front porch, use it! You’d be surprised how many people have awesome front porches and don’t use them.  For a small front porch, a small cafe table and chairs will do wonders.
  1. CLEAR THE CLUTTER. Moving inside, remember that most of us have way too many “things” for comfort.   Clearing your possessions also helps to clear your mind, as pointed out by that great NY Times bestseller “The Life Changing Magic of Tidying Up”.  Because so much of it is relevant to real estate, it’s worth mentioning here:
    1. Only keep things that are useful and which you love. If it’s in a box that you haven’t opened or unpacked in more than a year, chances are you never will and it needs to GO.  Same with clothes!  I recommend a rotation system.  When an item of clothing comes to the front of your closet, you either wear it or donate it.  After it’s worn, it goes to the back. This way you avoid the trap many fall into of wearing the same thing over and over and over and never wearing half of your closet.
    2. The general rule for closets is that they should be HALF full with NOTHING on the floor whatsoever and if there are shelves, nothing folded on the shelves. Instead, use baskets and put extra items in there.
    3. Visual clutter kills a sale, and it makes you feel unorganized and unfocused. The best thing to do is to CLEAR EVERYTHING off horizontal surfaces – that is, from shelves and bookcases and tabletops, then come back and put only a few items back.  Ideally, your home should feel a little sparse to you.  Believe me, you’ll get used to it and you’ll love it.
    4. Much of the psychological difficulty about getting rid of stuff, I find, is that people don’t want to WASTE things. But you don’t have to THROW THINGS AWAY.  Give them to Goodwill.  Make it a goal to go to Goodwill with a bag of items at least once every two weeks until you feel you have clutter under control.
    5. Clearing clutter includes FOOD. How many of the items in your pantry are EXPIRED?  I am guilty of this, and after my son-in-law pointed out a few expiration dates, I went to work clearing out pantry and fridge.  It feels marvelous!
  1. TAKE PICTURES. My stager, after she’s met with my sellers and given a list of things for them to do which includes enhancing curb appeal and clearing the clutter, recommends that they go around their home with a camera or their iPhone and take pictures of each room from multiple angles.  Do this!  Then go back and take a close look at the pictures you’ve taken.  There will be lots of things you don’t notice with your straight eyesight that will pop out in a picture.  There are many reasons for this, but among them that you are USED to seeing your own home.  Seeing your home through a camera lens gives you a new perspective and you’ll notice things you wouldn’t otherwise, like cords that add visual clutter.  Taking pictures will give you a whole new perspective.
  1. REPAIR LIST. This is less visible, but an important part of making your home wonderful for yourself!  Keep a list of all those “little” repairs that need to be done.  You know – the ones that you notice only at certain times but which always bother you when you notice them.  The door that sticks; the drawer that doesn’t close all the way; the dimmer switch that heats up too much; the wood rot on the exterior.  It’s well worth your investment to hire a handyman at least two times a year to take care of this stuff.  Most of them will charge you by the hour plus materials.  And while you’re at it you can have them change the lightbulbs you have trouble changing or install that new light fixture you’ve been eyeing at Home Depot.  If buyers see a stuck door or dripping faucet, they are going to wonder if the home is well cared for and will be looking for other “problems.”  You want them focused on what’s RIGHT with the house.  The same goes for you!

That’s just a start of things I suggest for “staging to stay”.  In a future blog post, I will cover renovations – how to plan renovations that will pay off when you go to sell, but will increase your enjoyment of your home in the interim.  And never hesitate to call me, your Realtor, for advice and counsel.

 

Mary Anne Walser is a licensed attorney and full-time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Her knowledge of residential real estate and her legal expertise allow her to offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

SOME MUSINGS ON LOWER PRICE RANGES AND NEIGHBORHOODS

23 Wednesday Dec 2015

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NeighborhoodA reporter working on a story recently contacted me and wanted me to give my opinion on the “BEST” neighborhoods for a given type of buyer in a given price range.  Unfortunately, I can’t know that without knowing the buyer.  Not only WHO you are (first time homebuyer, young family, aging empty nester), but also your personality.  Your personal traits and also your architectural personality.  Do you like historic bungalows, sleek modern houses, or traditional homes with gorgeous molding and impeccable finishes?  With any personality and price range, there are numerous neighborhoods which might fit the bill.  What you need is the Realtor who will get to know YOU and help you find the right house in the right neighborhood at the right price.  I’m going to share with you some insights I recently gave to a writer for Atlanta magazine who asked me to GENERALIZE on the best neighborhoods for a given demographic in a given price range… but keep in mind that it ALL DEPENDS ON THE BUYER.
SOME RECOMMENDED NEIGHBORHOODS for price points/demographics:

I’ll start with another disclaimer: SO MUCH depends upon where the buyer and family members WORK.  Traffic in Atlanta just gets worse and worse – and commute time is precious time away from the family.  So NO neighborhood is a good neighborhood for you if your commute time is more than an hour, I’d say!  And we have good neighborhoods all around – so I usually start by asking the homebuyer, WHERE DO YOU WORK?  And then WHERE DO YOU LIKE TO PLAY/where are your friends?  And gauge the “right” neighborhood accordingly.  Another important factor is the homebuyers’ PERSONALITY.  One may HAVE to live in a walkable neighborhood while another would prefer a newer swim/tennis community. But I will do my best giving you in a general sense some of the best neighborhoods that I think exist for each price range….

Young family
1.  Under 200k: For a young family under $200,000, believe it or not there are several very good options not too far out!  I love Doraville/Chamblee.  Montgomery Elementary School is a favorite.  If they don’t mind living farther out and commute is not an issue, $200,000 will buy you a nice home in far East Cobb.  I usually recommend that the family VISIT the school personally where their child will go.  Some schools that don’t have great scores “on paper” are well loved by some of their constituents, and if there’s an IB (international baccalaureate program), a gifted child can have a great experience even at a not as great school.
2.  200-350k: Closer in East Cobb for the schools.  While the Sope Creek district is outside the range, there are a number of other great schools just a little farther out with houses in this price range.
3.  350-500k: Oakhurst, fun, diverse, walkable, family friendly.  There are also great options in Ashford Park/Drew Valley/Brookhaven Heights.   These are neighborhoods across Peachtree to the east of Historic Brookhaven.  Ashford Park Elementary is well thought of and it’s a very central location, close to I-85 and to 400.  Dunwoody is always a favorite – close in, family friendly.
4.  500k+: I can’t say enough about Decatur, as long as your work commute isn’t terrible from there.  Everyone loves City of Decatur schools, the walkability and the city services.   A lot here depends on the personality of the family!  Inman Park history might be perfect for some (with great Mary Lin Elementary), Druid Hills serenity and history (Fernbank Elementary), or for the rising corporate executive perhaps Buckhead (although homes in 30327 are generally a young family’s “second” home).

20 something
1.  Under 200k: A 20 something could go for a small condo just about anywhere they want to be.  There are even cool places in this range in the heart of Virginia Highland, in Midtown, and in Buckhead.  But if investment is also a consideration, I’d go for Doraville/Chamblee area.  With The Assembly (mixed use) development going in where the old GM Plant was, there’s a whole lot happening in this part of town.  Another great place for investment would be the historic West End – anywhere near where the Beltline WILL be going in the coming years.  There’s some awesome housing stock – great historic bungalows! And soon enough this will be the new “hip” area of town.
2.  200-350k: Ormewood Park, Reynoldstown, Kirkwood – these are the cool areas of town near the Beltline that are still affordable.  I also like SMYRNA near the Smyrna Market Village.  With the Braves Stadium moving to Cobb County, Smyrna is far enough away to avoid traffic (and you’re able to get south without getting on I-75 from there) but close enough to benefit from the development.
3.  350-500k: If they are the Buckhead type, a cool sleek condo walkable to Buckhead action!
4.  500k+: Virginia Highland, Old Fourth Ward, Inman Park, anywhere near the Beltline!

Empty nester
1.  Under 200k: On the north end of town, Kennesaw is a good option and Kennesaw Mountain is a great place to hike and to take the grandkids.  On the east side of town, Stone Mountain has some great solid one level ranch housing that might also be perfect.
2.  200-350k: In this range, a good option might be a one level ranch close to where the kids live (if the kids are in Atlanta) or close to the neighborhood they are downsizing from (to stay in touch with friends).  Lots of great neighborhoods in Tucker and nearby; Tucker has a great small town feel but is so close in, and very warm and welcoming.
3.  350-500k: I find many empty nesters in this price range love the ACTIVE ADULT communities a little farther out of town.  These generally are designed in a 4-pod pattern; basically 4 houses joined together, each all one level with a garage.  There’s a central clubhouse and pool and the exterior maintenance is generally covered by the homeowners association.  Jim Chapman is one of the prominent builders of these communities.  They are generally pretty far outside the Perimeter – there’s one near Serenbe and several which are past Alpharetta.
4.  500k+: The place historically we see empty nesters in this price category purchase is in VININGS, because taxes in Cobb County are much lower for senior citizens (the county takes off the “school” portion of the tax).  Many empty nesters end up in one of the beautiful highrises like One Vinings Mountain and The Aberdeen or buy a Weiland townhome at Paces View with an elevator.  An added bonus is that those properties are within walking distance to the Vinings Jubilee and to many awesome restaurants.

Mary Anne Walser is a licensed attorney and full-time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Her knowledge of residential real estate and her legal expertise allow her to offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

 

Chicken Little Goes to Closing

06 Thursday Aug 2015

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HUD

The sky is falling! To hear lenders and closing attorneys tell it, the world as we know it comes to an end on October 3rd. That’s the day new regulations come into effect that govern the mortgage lending and closing process. Whether or not there’s mass bedlam, there are certainly changes that buyers and sellers of property should be aware of and prepared for, so this article will summarize them.

To understand how things are changing, it is important to know how the world works now. Today, sometimes the loan and closing statement will change the day of closing or even while parties are sitting at the closing table. Starting in October, that cannot and will not be possible anymore, at least as to every mortgage application received October 3, 2015 or later. The new rules require that a new document, the Loan Estimate, must be provided to the borrower within three days after loan application, and another new document, the Closing Disclosure, must be provided to the borrower at least three business days prior to closing. These apply to any mortgage loans with no exceptions. If there are changes to the deal, a new disclosure must be provided and the three-day waiting period starts all over. While previously the settlement statement was provided by the closing attorney and often at the last minute, with the new regulations the lenders themselves will likely be providing the statement directly to the borrower and they must confirm and document receipt by the consumer.

You can see how this can potentially cause big problems. “Stacked closings” are common now, in which the seller of one property uses those proceeds to purchase a new property in the next hour from a seller who may the following hour be buying a new property of their own. These back-to-back closings dependent upon one another for consummation are already tenuous at times. Imagine what the new three-day waiting requirement may do! So in practical effect and application, we Realtors must advise our clients of the following:

  • Delays are much more likely, particularly in the early days of implementation of the new regulations.
  • A seller will want to negotiate possession some number of days AFTER closing. While this has always been the case for a seller still living in the property they are selling, now it becomes even more crucial.
  • A buyer will want to commit to a lender as soon as possible in order to attempt to limit any delays. A buyer will want to be sure they choose a lender fully conversant with the new regulations and a lender who has a system in place to comply.
  • While some lenders can get a loan through underwriting and closed quickly, every loan is going to take longer with these new requirements, particularly at first. A cushion of 45 days between contract and close is advisable.
  • From a Realtor’s standpoint, any and all provisions of the contract should be tied up as early as possible. In particular, if there are monetary concessions during the due diligence period, those should be provided to the lender as soon and as early as possible. Even changes in the Realtor’s commission are part of the disclosure process and should be wrapped up as early in the process as possible.
  • While lenders are the primary front line, closing attorneys must also be in line with the new regulations. It is advisable to look for a closing attorney who does residential real estate closings regularly, has systems in place, and preferably is ALTA (American Land Title Association) best practices certified.

The new disclosures are designed to help consumers better understand the terms and costs of their mortgage loan; however, in one aspect the new disclosures are more confusing. The new rule prohibits lenders from disclosing a reduction that is commonly offered by the title insurance companies when a lender’s title policy and the borrower’s title policy are issued at the same time. Instead, there’s one lump sum disclosed; at closing the cost will actually be *less*. While that might result in a pleasant surprise for some at closing, those borrowers who are watching closely will likely be more confused about what, exactly, the title insurance is actually going to cost them at closing.

The home sale and purchase process can be confusing enough. If you are planning to make a move this year, be sure you plan for these new regulations and have trusted advisors guiding you through the process.

Mary Anne Walser is a licensed attorney and full-time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Her knowledge of residential real estate and her legal expertise allow her to offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

Buyer’s Remorse

09 Tuesday Jun 2015

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First Home Blues Five Tips to Prevent Buyers Remorse First Home Blues: Five Tips to Prevent Buyers Remorse

We don’t talk about it a lot, but it is real: buyer’s remorse.  That sinking feeling that you rushed too quickly into your home purchase and that it is all a big mistake.  If remorse comes during the due diligence period (during which the buyer can terminate for any reason or no reason at all), you can still terminate your contract; if it comes after that period, you cannot terminate without facing potential legal penalty.

Buyer’s remorse is not just a problem for buyers – it’s a HUGE problem for a seller.  If a home is on the market, goes under contract, and then comes BACK on the market, there is a stigma attached to the property, whether or not the contract termination was called for by any logical reason.  This stigmatizing effect is why sellers want to be as certain as possible that the buyer is NOT likely to back out.  For instance, many sellers would never accept an offer from a buyer who has not yet seen the property.  Why, you ask, would any buyer MAKE an offer without seeing the house?  Well, in these days of low inventory and few houses to choose from, buyers sometimes HAVE to make an offer without seeing it.  I recently helped buyers moving back to Atlanta from Sweden; with their three children, they didn’t want to move into a rental only to then move again when they purchased a home.  They had lived in Atlanta previously, and knew the area in which they wanted to live – so they trusted me, working with their parents, to decide on a home and get it under contract for them.  Whether or not they’ll have remorse is yet to be determined.

But buyer’s remorse may be more rampant in these times of buyers rushing into purchases because there is such low inventory.  The first advice I give is to remember that almost EVERY buyer has remorse at some stage of the process.  Despite my vast experience with the phenomenon, I myself had buyer’s remorse with the purchase of my current home.  I went through with the sale – at the urging of my husband – and it’s the absolute best home for us that I could ever find or ever imagine.  So working THROUGH the buyer’s remorse and soldiering onward to closing is sometimes the answer.

And I also suggest to buyers feeling a bit of remorse that we examine if the remorse is illusory and fleeting or based on fact and true potential pitfalls.  For that, we take the buyer’s initial wants and needs list.  Does the home they chose fit what they said they were looking for?  Is there likely to be another home in their price range that would fit those needs and wants better?  Looking at the inspection – are there problems with the home that are not fixable, or has the buyer just been spooked by routine home repair items that aren’t a big deal?

There are several scenarios where buyer’s remorse seems to fester that usually IS fleeting and should be worked through: when the negotiations with the seller have been contentious and the buyer is left not having good feelings about the seller; when the buyer keeps looking at homes online and considering other homes; and when family and co-workers plant doubt.  Remember that the seller is LEAVING the home and it will be yours; remember from our search that homes can be and usually are much different in person than they are online; and remember that the family and co-workers did not engage in the search with you and don’t know all that went into the decision (it’s typically more realistic to consult with friends who have been with you through the process).

With a careful selection process, a great inspector and a great real estate agent guiding your way, any buyer’s remorse may be a typical and passing phenomenon.  Sometimes knowing that it’s common is all a buyer needs to know to get through it.  For the seller faced with a terminating buyer, it is a good practice to let future purchasers know if the termination was based on “cold feet” rather than a true problem with the house.  Always let us know your current thoughts and concerns – armed with all information, buyers can avoid remorse, and sellers avoid a lost buyer.

Mary Anne Walser is a licensed attorney and full-time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Her knowledge of residential real estate and her legal expertise allow her to offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

Settling Into Your New Home

23 Monday Mar 2015

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The papers are signed and you are moving in – congratulations!  And welcome to your new home.  Here are some things you should know about as a new homeowner.  First, you will get lots of coupons and offers in the mail.  Marketing companies watch the county records for new homeowners and your “change of address” form with the post office is also a trigger telling companies “Hey!  I’ve moved!  I am going to buy stuff!”  Chances are you held off purchasing new furniture, etc. until after closing.  But keep in mind that even if you want to buy things ahead of closing, it doesn’t hurt to ask the merchant if they have a discount for new homebuyers.  Many do, particularly furniture companies, and sometimes they’ll give you the discount even before you close.

Keep in mind also that you will notice things about your home that you did not notice before closing.  Perhaps a ding on the countertop, scratches on the floor, chipped paint, that sort of thing.  This is regular and normal for the most part.  Sometimes it isn’t.  For instance, recently I helped a purchaser buy an awesome condo.  After closing, when she moved in her toilet was leaking.  We didn’t notice it before; it didn’t come up in the inspection and we didn’t notice it in the walkthrough.  So guess what her housewarming gift from me was?  You guessed it.  I do have toilet visiting privileges now, and since it’s near Piedmont Park that might come in handy.  But here’s the point – there may be things wrong with the home you didn’t know about or your inspector didn’t catch.  Maybe the problem developed after the inspection and wasn’t noticeable during your walkthrough.  Know that this is normal.   Things like this are rarely worth suing over unless you think there’s been fraud.  The best approach is to be as diligent as you can and budget for some unforeseen circumstances – and above all, remember that “perfection” doesn’t exist (although some homes come close….)

Perhaps at the closing table you exchanged contact information with the home seller.  If both parties are open to it, then the information is exchanged; if not, the Realtors can help facilitate communication after closing if necessary.  Perhaps you as a buyer finds something the seller left behind, or have received mail that needs to be forwarded, or have questions about those things you did not notice prior to closing.  But there’s another reason you might wish to contact the seller.  At the closing table the attorney likely told you that if the property tax bill changed after closing such that the proration on the statement was inaccurate, then the parties should arrange a re-accounting amongst themselves if appropriate.  Personally I’ve never seen that happen, but it could; know that if the tax bill you receive is significantly higher than a previous proration on the closing statement, that it is appropriate to contact the seller for a re-accounting.  Know as a practical matter the seller is not likely to be excited about paying out more property tax money on a home that they no longer own (and of course rarely would a buyer contact a seller to REFUND prorated funds if the tax bill gets smaller, but that happens too).

Now here is a tip that we often forget to tell buyers – but it’s important.  You’ll get solicitations from companies that offer to send you a copy of your deed for a price – (prices I’ve seen range everywhere from $25 to $75).  These solicitations look “official” and give the impression that the only way you can get a copy of your deed is to pay that company to send you a copy – NOT SO.  The county will send you a stamped-filed deed after your closing for FREE and your Realtor can always pull your deed from the on-line records and send it to you at no cost.  There is no need to pay a third party company to send you a copy of your deed – hang on, it is coming your way for free.

But that is not the worst “official looking” correspondence you will get.  You may also get letters asking you to pay to file a homestead exemption form; again, you don’t have to pay.  The forms are free on the county websites and you can file for free.  (The homestead exemption gives you a break in property taxes if you live in and occupy your home).  You may also get correspondence from companies that want to split your mortgage payments into payments every two weeks rather than monthly.  If you want to prepay your mortgage, you can do that without the help of a third party who wants to charge you to help.  If you get a notification that your loan has been sold and you should send your payments to a new lender CALL your current lender before believing a document sent by mail.  The name of your mortgage company is easily available in public records, so a scammer can write you an “official looking” notice purporting to be from your lender that is in no way official.

So, keeping in mind these tips, reminders, and warnings, enjoy your new home!

Mary Anne Walser is a licensed attorney and full-time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Her knowledge of residential real estate and her legal expertise allow her to offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

WHAT TO LOOK FOR IN A CLOSING ATTORNEY

13 Monday Jan 2014

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We have all heard the closing horror stories.  The closing that took eight hours.  Or even worse, the parties that waited eight hours only to be told to come back the following day or even week.  The closings that never happened.

If the agents, parties, lenders, and attorneys have done their jobs, there should be no such horror tales.  By the time closing approaches, all problems should be resolved.  While all parties could have a part in a closing nightmare, typically any delays or problems are associated with the buyer’s loan; the closing is when the lender funds the transaction.  Problems arise when the buyer has failed to supply all required documents, if the lender’s underwriting department isn’t on the ball, or if there are problems with title to the property.

Choosing the right lender is one element of this puzzle.  But the other important consideration is the CLOSING ATTORNEY.  A good closing attorney will work out any problems they can ahead of time, and let the parties know promptly if the lender is indicating that there are any problems with funding.  So how do we choose the closing attorney?

In Georgia, real estate purchase transactions must be conducted by a licensed attorney.  In some states, a title company can hold the closing without an attorney present, but here in Georgia you must use a licensed attorney, and that  attorney represents the buyer’s LENDER.  Therefore, typically the Buyer chooses the closing attorney, subject to approval by the Buyer’s lender.  However, a Seller, particularly one who is paying closing costs on behalf of the Buyer, can often negotiate to name the closing attorney.   Here’s what to look for if you are the Buyer or the Seller and need a closing attorney:

  • Choose an attorney who does closings often, regularly, and in the normal course of business.  I look for attorneys who have a full staff devoted only to closing real estate loans.  This doesn’t mean that the firm can’t or doesn’t also handle other legal work – just that they have a full and complete department specializing in real estate closings.  You don’t want the attorney’s office that only does closings once in a blue moon – closings are too specialized and too important to the parties.
  • I recommend that you also choose a closing attorney’s office that has been in business for a long time and which will BE In business for the foreseeable future.  You may not sell your home for seven years or longer.  What if at the time you go to sell the home you purchased you can’t find your title insurance policy or some other important document?  Or you need a legal affidavit relating to the closing?   If your closing attorney is around, they are invaluable in that instance.

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Realtor Panel convened by Morris Hardwick Schneider – our pre-meeting last week

Recently I was asked to serve on a panel of top producing agents.  The forum was a firm retreat for the largest real estate closing firm in the Southeast, Morris Hardwick Schneider.  I was honored to be asked and impressed that real estate closing attorneys cared enough to find out how they could be BETTER closing attorneys, from a Realtor’s point of view.  Look for a firm, similarly, who is focused on and cares about customer service.  It’ll pay off in piece of mind.  And will keep those horror stories at bay.

Mary Anne Walser is a licensed attorney and full time REALTOR, serving buyers and sellers in all areas of Metro Atlanta. Both her knowledge of residential real estate and her professional legal expertise offer great value to her clients. Mary Anne serves on the Committee that drafts and reviews the contracts utilized by all REALTORS in the State of Georgia. In addition, she is a member of the Atlanta Board of Realtors, the Georgia Association of Realtors, the State Bar of Georgia and the Georgia Association of Women Lawyers. Contact Mary Anne at 404-277-3527, or via email: maryannesellshomes@gmail.com.

PREPARING YOUR HOME FOR SALE

31 Wednesday Jul 2013

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House For Sale

So you’ve decided that you want to sell your home.  The first question is WHEN should you sell?  The prime months for selling vary year-to-year, but in good years and bad, generally the “peak” times are from March 1st through Memorial Day and from mid-August until the week before Thanksgiving (conversely, the “slow” periods are typically the summer & winter vacation months, and the holiday lull extends through February).

But also remember that there are ALWAYS buyers out there.  Even in our “slow” months there are buyers ~ and there’s less inventory.  So although it may seem counterintuitive, if your home comes on the market in a “slow” month it may actually help your chances of selling.  In times of limited inventory, the listing is king!

Regardless of your target date for putting the house on the market, your preparation for selling should begin months before.  It is never too early to contact an agent and start getting your home prepared.  Your agent or your agent’s stager will give you a list of things to do to get your home ready, and the earlier you start on them the better.

And please do not be insulted by the list of things your agent or stager tells you to do in order to sell.  All of us start to overlook the little quirks that a home develops and the clutter that accumulates once you live in a place for a while.  To sell your home at top dollar, you want your home in great condition and looking its best.  That means putting aside a little pride and listening to what the professionals ask you to do.  It really does pay off!

If you want to get started NOW, here are some general guidelines we give clients:

GENERAL STAGING GUIDELINES:

1. Gather packing supplies; boxes and tape or plastic bins.  Also gather boxes and bags for those items you want to donate to charity.

2. Take everything off the floor of every closet and find another place for it if you can – ideally, nothing is on the floor of any closet.

3. Pack up half of what is in every closet.  Half of your clothes, half of everything else – make sure every closet looks SPACIOUS and incredibly neat.

4. Clear as much stuff off every horizontal surface as you can.

5. In one place, have any staging “extras” that you may have – extra pictures, vases, pillows, towels, etc.  Your agent or stager may be able to use them in getting your home ready..

6. Make sure all lights work and no lightbulbs are out.

7. Fix anything you know needs to be fixed; that icemaker that stopped working, the siding boards that need to be replaced, and the faucet that is dripping.

8. Take down all of your personal pictures, then just put back out one or two on each floor (minimal personal pictures, but enough to personalize and let the buyer know that you are a “real” person).

Those should get you started.  And who knows, after you clear some clutter and fix up things you may decide you want to stay.  If not, it is time to call in your Realtor.

Notes on Negotiating

26 Thursday Apr 2012

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What does your Realtor do for you? Well, many things, but a lot of what we do is negotiate contracts – either on behalf of the buyer or of the seller in the purchase or sale of a home.  I have taught classes on negotiation skills.  Because I am also an attorney (a former litigator) I have a lot of experience negotiating deals.

But recently I took a class from a professional mediator about negotiating.  Jennifer Keaton owns One Mediation, a mediation firm based here inAtlanta, and she made some great points about negotiation that are well taken, a great reminder, and applicable to any type of negotiations, including real estate.

First, every contact with the other side conveys information – so pay attention to every contact.  Most importantly, you do not have to mean or rude to “win”.  After all, haven’t you heard that you get more flies with honey than with vinegar?  Particularly in real estate, often a more emotional negotiation, this is important.  Being professional and polite does not mean you cannot be tough and represent your client well.  In fact, make sure your agent is one who is respected and liked by other agents.  Agents want to work with other agents who “play fair”, and that will serve you well when coming to agreement.  Also, say you do not come to agreement on a given negotiation.  Timing matters – a seller may get more motivated, a buyer may find a greater source of funds – in other words, the deal may work, just not right now.  If you have kept a congenial relationship, the other side may just come back, offering more.

Another important point is that knowledge is power.  With information, your arguments actually hold weight – without the hard facts, you have no ground to stand on.  When an agent is representing a buyer, that agent should marshall the LOWEST comparables and be able to discuss them with intelligence to convince the seller, hopefully, to accept less than they would otherwise.  Similarly, an agent representing the seller shouldmarshallthe HIGHEST comparables available to help convince the buyer that they are getting a great deal (which every buyer wants and expects).

Also: be creative.  Every negotiation is not all about money.  What else can your client offer that is of value to the other side?  Perhaps a seller will take less for the home if you close quickly.  Or if they need more time, if you will close later.  Your agent needs to ask questions and pay attention to the nuances of the other side’s needs and wants; that can certainly help ease the parties to agreement.

Finally, stick to your plan and stay the course.  Do not walk away without offering your “walk away” offer.  But if you give a “take it or leave it walk away” offer, make sure that is exactly what it is.  If it is not, you lose credibility.

In this market, great negotiation skills mean more than ever.  Make sure your agent has them!

Obtaining a Mortgage: 3 Steps to Improve Your Credit Score

19 Thursday Apr 2012

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Right after the mortgage meltdown, it was very difficult to obtain a mortgage.  It is still not especially easy, and I find that some buyers have credit scores that either prohibit them from getting a mortgage or make it difficult to get a good rate.

The first step to improving your credit score is to get a current copy of your credit report. There are three nationwide consumer credit reporting companies that provide reliable credit reports. Those companies are: Equifax- www.investigate.equifax.com, Experian – www.experian.com and TransUnion – www.transunion.com.  At AnnualCreditReport.com you can get a copy of your credit report from one of these companies absolutely free. To report false information that appears on your report you may contact the nationwide consumer credit reporting company that provided the credit report. The time it will take to correct your report depends on the specific error contained in your report, but no matter the length of time, getting your credit information corrected is your best and only option because your credit is at stake.

The second step to improving your credit score is to take control of your monthly debt. Your credit score reflects what you owed at the time of your last billing cycle and the amount of credit that you have available. People with the highest credit scores only use 10% of their total available credit each month. To maintain good credit you must keep your monthly debt under 25% and not utilize more than 25% of your available credit each month.

The third step to improving your credit score is to remember that “credit” cards don’t always benefit your credit. Paying off the balance on your credit card every month will not always improve your credit score. At the end of each billing cycle the full amount that you owe on that card is posted on your credit score, even if you paid your monthly charge. Once you have paid off the full balance on a credit card, do not cancel it. Canceling a credit card will lower your credit score, even if you have paid it off. Mortgage companies suggest that if you plan to purchase a home, you should not make any purchases with your credit card 3 to 6 months before you plan to secure financing for your new home. Instead, use cash or debit to pay for purchases during those months so you can enhance your credit worthiness.

Overall, your credit score is only a small part of your complete financial standing, but it is one of the most important because it proves your responsibility for paying off your debt. Don’t miss out on the historically low mortgage interest rates that are being offered. There’s no requirement for you to have outstanding income and a high down payment if you have good credit. Improving your credit score will give you an opportunity to take advantage of a low interest rate. Follow these 3 easy steps to improving your credit score and be on your way to owning a new home!

Buying a Short Sale can be a Tall Order

09 Friday Mar 2012

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A short sale is usually anything but short.  Sort of like the attorney’s “legal brief” which is never brief, a short sale is very rarely “short”.  The term refers to the situation when the seller OWES more on the property than the property is worth, and is attempting to persuade the lender to take less than is owed on the property in full satisfaction of the loan.  You have probably heard the term “underwater” – a short sale seller is underwater on the house (has borrowed more against it than is supported by its current market value) and is trying to sell the home without having to cough up the difference at closing. 

A short sale can take MONTHS and MONTHS (although I HAVE had one approved in two weeks – that is very unusual).  The lender generally doesn’t WANT to take less than is owed, as you might imagine.  Therefore it’s somewhat of a fight, and if/when there are multiple lenders and lienholders (as there often are) it is often next to impossible to get them all to agree.  We agents sometimes say that it’s the THIRD short sale buyer who actually gets the house, meaning that most buyers who make an offer on a short sale get tired of waiting for the approval and just go on and buy something else.  Of course, the short sale may or may not EVER happen.  The seller may just stay and pay – or it may end up as a foreclosure.

Even when the short sale lender or lenders approve the short sale, they will sometimes reserve the right to disapprove the short sale at any time before closing – which poses another problem; it could fall through at the last minute.  In fact, you can be sitting at the closing table when the word comes that the lender has decided to withdraw approval and foreclose instead.

Other potential snafus are that the seller usually wants a release from any and all liability with respect to the loan, while the short sale lender(s) will often require that the seller sign a personal note back to the lender for the remainder owed.  Another problem I have seen is when the seller does not realize that they may be TAXED on the forgiveness of debt (why the seller’s agent did not bring up this issue to the seller prior to getting a contract is beyond me, but it happens).  The IRS considers forgiveness of debt taxable income, and the seller will be responsible for paying that tax.  A side note – if you are the seller, please consult your accountant on this one – because if it is your personal residence you are selling, the forgiveness may be excludable, much as GAIN from the sale is excludable if you have lived in the house as your main residence for two of the past five years.

In other words, short sales are a PAIN, but you CAN get a great deal.  It’s best to look for PREAPPROVED short sales where only one lender is involved.  Pre-approved means the lender has already agreed to accept a short pay-off, and these deals are much more likely to go through.  In any event, I usually counsel buyers to go ahead and make an offer on a short sale if that is the property that they really like, but the to KEEP LOOKING.  You can always terminate your short sale offer if you find something better in the interim. 

We agents are all ready for the day when regular sales again outnumber foreclosures and short sales, but I am also glad to see those sales moving through the system.  The quicker we turn over the troubled properties to buyers who can handle the payments, the faster the housing market will recover.