Seniors: Learn What You Need to Know About Real Estate

Last month’s column was about the risk seniors face of being scammed or conned out of their homes.

Let’s face it — seniors need to be careful and knowledgeable about real estate as they age. There are issues of downsizing as well as inheritance. And you need to know how real estate works, how to choose the best Realtor and know that he or she is working in your best interest.

At Golden Real Estate we have two agents who have earned the Seniors Real Estate Specialist (SRES) designation as a result of special training on a multitude of issues facing seniors. One of them is David Dlugasch, shown at right during his PowerPoint presentation to a group of seniors. The other is Kristi Brunel.  If you belong to a senior group that welcomes outside speakers, please consider calling David at 303-908-4835 or Kristi at 303-525-2520 and arranging for a live presentation.  You may learn something that could help you in the future.

The Graying of the Internet — What About Readability?

I’ve written before about the subject of readability, both in print and online — a subject that is dear to me not only as a senior citizen with naturally reduced visual acuity, but as a former typographer trained in what makes one font more readable than another.

It’s bad enough that more and more publications and most web pages use sans serif fonts like Arial, but there’s another strange trend of graying those typefaces — literally.  Have you noticed?

This font is Times Roman. Most websites use sans serif fonts like Arial and they display them in gray type instead of black type, compounding the unreadability! Why publishers and webmasters would choose to reduce the readability of their product in this way is beyond me.

In an ideal world, sans serif fonts such as Arial would be used only for headlines, bigger and bolder. On the other hand, body text like you’re reading here should be in a serif font such as this Times Roman or, my favorite, Georgia.

You can join me in my quest. Start by changing the default font in your email program to your favorite serif typeface.

PS: I can celebrate that starting this week, the Denver Post is allowing my column to be in Times Roman instead of Arial, which was required previously, so we are making progress!

Wheat Ridge Ranch Home with 4-Car Garage Just Listed by Kristi Brunel

    You don’t want to miss this flawless 4-bedroom, 2-bath bungalow with a 4-car garage at 7005 W. 32nd Ave. The impeccable remodel has left no surface untouched. This ranch style home with a walk-out basement features concrete countertops, farmhouse sink, new appliances, lighting, hardwoods, bathrooms and railings. The outside space features a new front deck, stamped concrete driveway, patios, gardens and beautiful yard space. This one won’t last, so book a showing today or come by the open house on Saturday, Jan. 19th, 1-3 PM.  Or call Kristi Brunel at 303-525-2520 for a private showing. View a narrated video tour at www.WheatRidgeHome.info.

Even if You’re a Sophisticated Buyer or Seller, You Need Us — And Here’s Why…

Perhaps you’ve heard the expression, “A lawyer who represents himself has a fool for a client.” Most lawyers respect that truism, which is why you see lawyers hiring other lawyers when they are sued or criminally charged..

The same truism can be applied to real estate. Just this week I received a contract to buy one of my listings from a couple who are both real estate agents, but the offer was written by another agent.  (I suspect he will share his 2.8% co-op commission with the buyers.)

There are also many buyers and sellers who aren’t agents but who are sufficiently experienced at buying and selling real estate to be considered “sophisticated” buyers or sellers. These persons may understandably think that they don’t need professional representation, saving themselves (if they’re selling) 3% or so on a listing commission. If they are buying without representation, they may think they can negotiate a lower purchase price by sparing the seller the 2.8% co-op commission typically paid to a buyer’s agent.

Let me debunk some misconceptions about each scenario separately — first for buyers.

Buyers typically pay nothing for professional representation, since buyers’ agents are universally compensated by the listing agent at a rate spelled out in the multi-list service (or “MLS”) to which all agents belong. Our Denver metro MLS is called REcolorado. Its website is www.REcolorado.com, which has both a consumer-facing and agent-facing side.

If you’re a buyer, you can go to that website and see all the listings which are currently available for purchase, and you can click on a link to email or call the agent for each listing. After that listing agent has determined that you don’t have an agency agreement with another agent, he or she will be delighted to help you buy his (or her) listing because he won’t have to give away half his commission to another agent. And he’ll probably ask you to hire him as a buyer’s agent if his own listing is not what you choose to buy, in which case he could earn 2.8% on that purchase.

If you, as a buyer, work with the listing agent, he or she will not, by law, be working in your best interest. At best, he’ll be a transaction broker, advising neither you nor his seller in the transaction. He won’t be able to advise you on the true value of the home or what you should offer, or how to respond to a counterproposal from the seller. He also won’t be able to advise you on inspection or other issues that arise during the transaction.  You’re on your own — literally helpless.

Moreover, the chances are that you’re not saving the seller any money by being unrepresented, since the listing agent gets to keep the entire commission when he doesn’t have to share it with a buyer’s agent.  My own research has shown that only 15% of listing agreements have a provision in which the commission is reduced if the agent doesn’t have to share his commission with a buyer’s agent. I know this to be true, because the MLS requires listing agents to disclose the existence of a “variable commission” in their listings. That’s one of the fields that is not displayed on the consumer-facing side of the MLS.

There are additional reasons why a buyer (in my opinion) should hire an agent instead of working directly with a listing agent — except when it’s a Golden Real Estate listing, as I’ll explain below. The most important reason is that a buyer’s agent, in addition to being your advocate in a transaction, has more access to information about listings than you have as a consumer.

For starters, agents have valuation software not available to consumers and can create a spreadsheet of comparable sales, so you’ll know whether a home’s listing price is reasonable. Zillow’s famed “zestimates,” by themselves, are not a dependable indicator of a property’s value.

Second, agents can do searches using any field on the MLS, not just the fields that are available to you as a consumer. Do you require a main-floor master? A second master suite? A fenced yard for your dog? An unfinished (or finished) basement? An agent can set up MLS searches on virtually any criterion that is important to you, and the system will notify you and your agent within 15 minutes of a new listing matching your specific search criteria.

As a buyer working with Golden Real Estate, you’ll enjoy added advantages to having representation, up to totally free moving using our own moving trucks, boxes and packing materials. With our focus on sustainability, one of my favorite closing gifts to buyers is a free energy audit of your new home — a $350 value. And if you have a home to sell, we reduce our commission on selling your current home. These benefits also apply when you’re buying one of our listings without your own agent. Call us for details.

Now let’s look at why sellers need to have professional representation.

Understandably, sellers have a huge incentive not to use an agent — they pay the commission for both agents in a transaction, which they assume (wrongly) is fixed at 6%. That would be a violation of federal antitrust laws. All commissions are negotiable. My personal rate is 5.6%, which I reduce to 4.6% if I don’t have to give 2.8% to a buyer’s agent. And I reduce those figures by another 1% if I earn a commission on the purchase of your replacement home. Because of federal laws against price fixing, I can’t dictate (or even discuss) what our other agents charge.

That’s still a lot of money, so you need to know what you’re getting for it.

At Golden Real Estate, sellers enjoy a free staging consultation, magazine quality still photos and professional quality narrated video tours which are posted on YouTube, the MLS, consumer real estate websites and on the custom website which we create for each listing. (Visit www.GRElistings.com to see the custom websites for our current active listings.)

We also provide free use of our moving trucks and moving boxes both to our sellers and to whoever buys our listings, even if their agent is with another brokerage. And, of course, all listings are featured in this column, which appears in eight editions of newspapers throughout both Denver and Jefferson counties.

We also have a proven track record of getting the highest possible prices for our sellers because of our skill at negotiating with buyers and their agents. Most agents will not reveal the offers they have in hand when they get multiple offers. We treat that situation like an auction, where everyone knows the highest current offer, and we regularly bid up the purchase price for our sellers — and the buyers and their agents appreciate not losing out in a blind bidding situation.

In Defense of Journalists — They’re Working for You!

I’ve written about the rules of journalism before. (See my Feb. 2, 2017, column at JimSmithColumns.com.) Being a journalist myself, educated in the importance of keeping personal opinion out of news articles, as distinct from columns or editorials, it continues to bother me that the general public doesn’t recognize these distinctions.  Because of that, it’s too easy to dismiss factual news articles as “fake” based on a publication’s editorial position.

Yes, the Washington Post and New York Times express liberal positions in their editorials and many op-ed columns, but the news writers are solid professionals who report just the facts, uncolored by their own or their editorial board’s positions on a given topic. 

While tradition may dictate that each newspaper have opinion pages vs. news pages, it doesn’t have to be that way. I think that newspapers might do themselves, their readers and society a favor by deleting editorial and op-ed pages and publishing only signed letters to the editor.

Denver Business Journal features Golden Real Estate’s “Net Zero Energy” office

We hope our story inspires other businesses to “go net zero.”

https://www.bizjournals.com/denver/news/2019/01/09/dbj-offices-net-zero-emissions-and-11-energy-bills.html?ana=e_ae_set1&s=article_du&ed=2019-01-09&u=gT9Gd0V9RKSf%2F5GRvgBa9Q0f103559&t=1547077587&j=85956691

Ways to Defer Capital Gains Tax Exposure When Selling Investment Properties

With the new year upon us, many of us are thinking about taxes. While it’s too late to strategize for 2018, let’s look at tax strategies going forward.

Owners of duplex, triplex and small multi-unit properties sell their properties for many reasons. Sometimes an owner wants to leverage equity into another property with better upside potential or a higher return on their investment or into multiple income producing properties.

Perhaps a duplex property was inherited but the responsibility of being a landlord has become overly burdensome. Whatever the situation, there are times when selling a multi-unit rental property and transferring the equity into an alternative “hands-off” type of investment makes sense. You can defer your capital gains tax obligations and keep your pre-tax capital growing for you by utilizing one of these IRS-approved options.

1031 Real Estate Exchange: The 1031 real estate exchange is a tax-deferral strategy that applies to investors who have sold or are about to sell investment real estate. This strategy allows a client to defer capital gains tax on all sales proceeds that are reinvested into other investment real estate properties, as long as the seller:

1) does not take “constructive receipt” of the funds within the exchange transaction.  This means that the proceeds must go directly to a “qualified intermediary” and not at any point be in the seller’s own bank account.

2) meets all requirements outlined in the Internal Revenue Code.

721 Exchange: Less well-known than the 1031 exchange, the 721 exchange is another tax-deferral strategy which applies to investors who have sold or are about to sell investment real estate. This strategy is similar to the 1031 exchange but allows an investor to exchange his property for an interest in a diversified real estate portfolio known as a Real Estate Investment Trust (REIT). As with the 1031 exchange, the seller must not take constructive receipt of the sales proceeds within the transaction.

Delaware Statutory Trust is offered as replacement property for those seeking to defer capital gains taxes via a 1031 exchange. The DST allows for fractional interest ownership in various managed commercial properties with other investors, as individual owners within a Trust. Each owner receives a share of the cash flow income, tax benefits, and appreciation of an entire property. There is potential for annual appreciation and depreciation. Investments begin at $100,000 and allow investors to diversify into several properties.

Deferred Sales Trust is a tax-deferral strategy that applies to many different capital gains situations. These include the sale of a business, real estate, stocks, or bonds, as well as the maturity of principal on a note or carry-back, and even applies in certain debt forgiveness situations. The Deferred Sales Trust is different from the 1031 and 721 exchanges in that it does not require any reinvestment of the sales proceeds into real estate. It is similar to 1031 and 721 exchanges insofar as an investor cannot take constructive receipt of the funds within the transaction.

For expanded, detailed information on each of these tax strategies, visit www.DuplexAlerts.com and click on the  “Sellers” tab in the main menu.

Always consult with your tax or wealth management professional when considering the sale or purchase of an investment property.

A quick caveat:  Neither I nor any agent at Golden Real Estate is a CPA or tax advisor.  Broker associate Andrew Lesko did the research for this article.  Email Andrew at Andrew@GoldenRealEstate.com or 720-710-1000 with your questions or comments.

Some Thoughts Regarding Characteristics to Look for When Hiring a Realtor

Recently one of our broker associates, Debbi Hysmith, while serving as a listing agent, encountered a buyer’s agent who was particularly abrasive. This agent accused the seller of be-ing dishonest and hiding material facts about the home, which Debbi knew to be false.  In that agent’s communication (which Debbi forwarded to the seller as required by law), this agent used language that was accusatory and unkind. 

The sellers were so offended by the agent’s communication that they were going to refuse all further requests and basically allow the contract to fall. But Debbi chose to remove emotion from the equation, put on a friendly face, and encouraged the sellers to look beyond the wording to respond to what was, in fact, a reasonable request.

In calming down the offended seller, Debbi explained that one never knows what experience a buyer may have had in the past and we should do our best to just stick to the facts of the request. The transaction was saved because Debbi was (as is her nature) friendly, helpful, respectful, and had good communication skills. In the end, both seller and buyer enjoyed a successful and happy closing — all because the listing agent was friendly.

This caused me to consider the importance of hiring a friendly agent like Debbi. While experience is valuable and should be considered when selecting a agent, it’s important to choose based on other factors, including personality. Remember, the person you use to buy or sell your home is representing you in the deal.  While having lots of experience is important, it’s not everything.

Here at Golden Real Estate, we have nine broker associates with varying degrees of experience. However, because we are a small — some might say “boutique” — brokerage, the more “seasoned” among us provide effective supervision and mentoring to the less experienced brokers at Golden Real Estate. Meanwhile I’ve noticed that some of our “least seasoned” agents, in fact, have enviable people skills. In that respect, I could probably learn from them!

So choose someone friendly, relatable and real (like Debbi) with whom you can have honest conversations. You’ll be spending a lot of time with your agent, communicating frequently via text, email, and phone.  Your agent will be representing you at open houses and over the phone talking to potential buyers and their agents.  If your agent is a poor communicator, the transaction will be less efficient and could cost you money (if not a closing) because the options are not effectively communicated to both sides.

There are three other important characteristics I suggest looking for when hiring an agent, whether to buy a home or sell your current home — or both. The first of these is authenticity. If you’re like me, you probably have a good BS meter, and you never want to work with someone who exaggerates, lies, or otherwise misrepresents who he or she is or their record of success.

I’m reminded of a quote from Earnest Holmes, who wrote, “It isn’t possible for a man to conceal himself.  In every act, word or gesture he stands revealed as he is, and not as he would have himself appear to be. From the Universe, nothing is or can be hidden.”

Another trait that I’d look for in an agent is a good sense of humor. Combined with a friendly attitude, a sense of humor can save a deal that otherwise might go south.  As we saw in Debbi’s story, how an agent presents an option is just as important as the option itself.

The third trait may be the most important.  You want your agent to be a good listener. Need I say more?  (Are you listening? )

In that regard, find an agent you can trust, who asks questions.  Most Realtors have access to the technology to get your property seen and sold, but it takes a human being to understand and work for your best interests.  You need someone who listens and understands all of the complexities of your situation and is honest and transparent about bringing all options to the table.  Ultimately this is your transaction and you should call the shots. 

Licensing Law Has Something to Say About This…

Your agent is working for you, in your best interest. This is not just a good idea, it’s spelled out in licensing law. You and I may use the word “agent” loosely, but when speaking legally, the term takes on special meaning. Let me explain..

Real estate brokers and broker associates can work with consumers in three different ways.  One is to have no client relationship with the broker, in which case the buyer is a “customer,” not a client.  An example of that is when a listing agent encounters a buyer at an open house, and that buyer is not working with another agent. Some listing agents will first enter an agency relationship with that buyer and double-end the transaction as a “transaction broker,” giving up their agent relationship with the seller and becoming a neutral facilitator of the transaction. An “agent” works exclusively for the benefit of his client with “utmost good faith, loyalty and fidelity.”

At Golden Real Estate, unless the listing agent has a pre-existing bona fide buyer agency relationship with the buyer, our brokers are required to treat the buyer as a customer and not enter into a client relationship. We don’t permit our agents to sacrifice their agency relationship with the seller for their own personal enrichment, but we also have incentives that they can offer to buyers who are willing to be a “customer” rather than a “client.”  These incentives take two forms.

First, our company policy is to offer a variable commission to our sellers.  That means that we discount our listing commission when we don’t have to share our commission with a buyer’s agent. Buyers can use that differential to their advantage. Second, since we have our own moving trucks, movers, moving boxes and packing materials, we can offer totally free moving (including gas for the truck) to a buyer who, by being a “customer,” allows our agent to earn a bigger commission. 

These two incentives usually suffice to make a buyer comfortable with being a customer, allowing us to retain the “agent” relationship with our seller.

Looking Back at a Busy Year: Here Are Some Popular Columns From 2018

`Tis the season when it’s popular to reflect on the year that is drawing to a close, so here’s a collection of my favorite columns from 2018. If any of them strike your fancy, you can find links for each of them online at www.JimSmithColumns.com.

Jan. 4, 2018 — Golden Real Estate: ‘Promoting and Modeling Environmental Responsibility’ This column describes how we completed the transition from mere energy efficiency to a “net zero energy” office. 

Jan. 25, 2018 — Life Transitions Are at the Heart of Most Clients’ Real Estate Needs. Divorce, marriage, relocation, medical crises and becoming “empty nesters” are a few examples.

Feb. 1, 2018 — Here Are Some Obstacles (Real or Imagined) Faced by First-Time Home Buyers.  Down payment, credit issues, student loan debt, and unwarranted risk aversion are some of the obstacles covered. 

Feb. 22, 2018 — Owned Your Home for a Long Time? Here Are Some Ideas on Limiting Capital Gains Liability. Although not a CPA myself, I offer some advice such as “Don’t put your heirs on the title of your house — let them inherit it.” 

Mar. 8, 2018 — How Can Sellers Prepare for the Buyer’s Inspection? Here’s Some Practical Advice. The information in this column can help to save you money when the buyer asks for repairs. 

Mar. 15, 2018 — Buyers and Sellers Ask: Why Did the Appraisal Come in at Exactly the Contract Price?  This is a common question, and I help answer it this week. 

Mar. 22, 2018 — Off-Market Real Estate Sales Hurt Sellers by Shutting Out Buyers Who Might Pay More.  When someone offers to buy your house, treat it as an opening bid. You don’t want to sell your home to less than it’s worth, do you? 

Mar. 29, 2018 — How Can Buyers Win a Bidding War?  Here’s What Our Agents Do. It’s easy for agents to ask buyers to submit their “highest and best,” but an auction approach often nets you more money for your home. 

April 5, 2018 — What If Sellers and Their Agents Don’t Disclose Known Defects in Their Listings?  The new version of the Sellers Property Disclosure is a disservice to both buyers and sellers. I explain why. 

April 26, 2018 — Just in Time: A Breakthrough in ‘Rent-to-Own’ for Those Who Can’t Buy Now.  Golden Real Estate has an investor who will buy a home that is being offered for sale, then rent it you.  And you receive an 5-year option to buy!

May 3, 2018 — As Warm Weather Arrives, What Are the Different Ways to Cool a Home?  Alternatives to conventional air conditioning includes whole house fans, evaporative coolers and heat pumps.  

May 24, 2018 — What Is Title Insurance, and Why Do Buyer and Sellers Need It, Anyway?  This is typically your second biggest expense when selling a home. I explain its purpose. 

June 14, 2018 — Here’s Why You Shouldn’t Sell Your House Without Putting It on the Market.  To get the highest price, you need to expose your home to the broadest range of buyers possible, something that happens only if it appears on the MLS. 

June 21, 2018 — I Love to Write About Real Estate, But This Week It’s Personal.  This well-received column was about Donald Trump.  I just couldn’t stay silent any longer, and I was flooded with thank-yous for writing it. 

July 26, 2018 — The Home Buying Process: How It Works in the Internet Age. The role of the real estate agent has changed now that most buyers do their own online searching before calling their agent. 

Aug. 16, 2018 — Should the MLS Include a Condition Rating for Each Listing? Here’s How It Might Work. In this column, I explain how this could be done and how it would better serve buyers.  

Aug. 30, 2018 — What You Need to Know About Agents Who Claim to Have a Buyer for Your Home. They could be lying to get you to list with them.  

Sept. 13, 2018 — Don’t Make the Same Mistakes Made by Others When Trying to Sell Their Homes  Perhaps you’ll recognize some of these common mistakes.

Nov. 8, 2018 — Senior Homeowners Are at Risk of Being Conned/Scammed Out of Their Homes. This is a must-read! Too many seniors are falling victim to scammers.