What Does ‘Open and Transparent’ Look Like in Real Estate?

For some reason I’ve never understood, most listing agents believe that they should not be open and transparent with buyers’ agents regarding the disclosure of offers in hand when there’s a bidding war for their listing.

At Golden Real Estate, we believe in being open and transparent. Here’s what that looks like.

Rule number one is to always tell the truth. We never mislead a colleague about offers in hand. If we don’t have competing offers, we’ll never represent that we do. This is a matter of ethics. The Realtor Code of Ethics, to which every Realtor swears allegiance, requires no misrepresentation about anything, whether it’s how successful we are or whether we have competing offers.

Agents from other brokerages, however, typically won’t disclose the price or nature of the offers they have for their listings. At Golden Real Estate, we not only disclose the price and terms of offers received, but we will let each agent know if their offer is surpassed by a better offer. We don’t want any buyer or their agent to have the experience of being blindsided.

This is good for both buyer and seller, and buyers’ agents invariably thank me when I explain this policy. After all, how would you as a buyer like to learn later that if you had only offered $2,000 more (which you were willing to do), you would have won that bidding war?

Similarly, how would you as a seller, like to learn that you could have gotten $2,000 more for your house?

Although this process essentially operates like an auction, where everyone in the room knows what they’re bidding against and chooses on their own when to drop out of the bidding, it doesn’t mean that we let the bidding go on forever.

After the buyers have raised their bids twice, it’s time to ask for a final bid, without offering to return if it’s not the winning bid. While this is our policy, the seller, of course, is the final authority on how long to continue the back and forth. By that time, however, they tend to be quite happy with the highest bid and agree to cut it off. To do otherwise risks antagonizing the buyers and their agents.

It’s important to us as professionals that we leave each party in a bidding war happy that we were transparent enough that they felt they had a fair chance to win a coveted listing.

This approach takes more work on our part than doing what other agents typically do when multiple offer situations arise, which is to inform agents that they have multiple offers and ask buyers’ agents to submit their “highest and best.” Then the seller accepts the best offer and other buyers are upset and angry that they weren’t allowed to raise their offer.

We feel, however, that our approach is not only fairer to buyers’ agents but also produces the best price for our sellers.  We wish that other listing agents would adopt this practice.

Transparency, however, does not extend to disclosing the price at which a home is under contract prior to closing. The reason for that is that if the contract falls, we don’t want the next buyer to know what the seller was willing to accept. That’s because we have an ethical and legal obligation to work in our seller’s best interest.

The only time I would disclose the price at which one of my listings is under contract is when an appraiser needing comps calls me. If we are cleared to close — past inspection, appraisal and other contingencies — I’m willing to help that appraiser know the price so he can do his or her job in appraising a comparable listing for a different seller.

Thanks to this practice, Golden Real Estate has a better-than-average track record when it comes to closing price vs. listing price. In some cases this has resulted in our sellers netting their full listing price even after subtracting commissions and the other costs of selling.

Call me or one of our broker associates at 303-302-3636 if you like how we operate and would like a no-obligation market analysis of your home.

Sellers Ask: Should I Wait Until Spring to Put My Home on the Market?

About this time of year I like to remind readers why winter can be the best time of year to put their home on the market.

First of all, there is less competition because, frankly, most sellers don’t know that homes sell well year-round. If your agent says you should wait until spring, get an agent who understands this!

Second, buyers continue to get alerts of new listings year-round.  You know this yourself if you’ve been looking at listings. Nowadays every serious home buyer has asked their agent to set up an MLS alert matching their search criteria, or done it themselves on Zillow, and these alerts are generated 24/7/365 — even on Christmas morning!

This is a change from years past, when buyers depended on their agent to monitor the market and find listings that matched their buyers’ needs and wants. No more! Buyers do their own searching, even if it’s on Zillow, and call their agent when they want to see a listing which appears to meet their needs and wants.

Third, you won’t be bothered by lookie-loos.  Only serious buyers, ready to make an offer, will be asking to see your home in the winter. The buyers who just like looking at other peoples’ homes are less inclined to go out at this time of year.

Fourth, you’ll have your agent’s and mortgage broker’s full attention.  With less traffic in the winter, these professionals can give you their undivided attention.  Others, including title officers and home inspectors, are also less busy in the winter, which is to your advantage.

Fifth, you can light your fireplace. I love going into a warm, cozy home when it’s cold outside. Unless your home is drafty and cold, this makes for great staging!  And if you have a wood-burning fireplace, it’s even better. I love the smell of a wood-burning fireplace, don’t you?  Also, put some cider on the stove, with cinnamon sticks in it and have a ladle and cups next to it with freshly baked cookies, and you’ve made my day! Your visitors will feel like they are in their new home!

Sixth, holiday decorations are good staging, too.  Most stagers will urge you to depersonalize your home, including removal of crucifixes or other religious symbols, but this is Colorado, and people of all religions enjoy our Christmas holiday decorations. Again, like the fireplace and hot cider, holiday decorations can add a welcoming, homey feeling to your home.

Remember, buyers need to move year round. The concept of selling during the children’s summer vacation may be valid for a limited segment of the population, but even in that case many families move locally, and the MLS allows us to set up searches based on school district or even specific elementary, middle or high school service areas. Other moves are triggered by job changes, health changes or seniors moving to be closer to grandchildren, and these needs arise year-round.

Call any of us at Golden Real Estate — our phone numbers are below — if you’d like a free market analysis of your home or for any other reason.

Jim Smith, Broker/Owner –  303-525-1851

Jim Swanson — 303-929-2727

Carrie Lovingier — 303-907-1278

Kristi Brunel — 303-525-2520

Chuck Brown — 303-885-7855

David Dlugasch — 303-908-4835

Andrew Lesko — 720-710-1000

Carol Milan — 720-982-4941

Timing the Sale of Your Current Home and Purchase of New Home Can Be Challenging

Have you faced this dilemma? You want to buy a home that better fits your family’s needs, but you are stymied by the need to sell your current home to pay for the next one.  So you stay put in a home that doesn’t quite meet your needs.

There are several ways to tackle the challenge of buying a home when it depends on selling your current home. Let’s look at different scenarios based, first of all, on the amount of equity you have in your current home.

If you own your home “free and clear” and are downsizing to a lesser priced home, the easiest path is to take out a home equity line of credit (or HELOC) on your current home. This kind of loan is easier to obtain than a standard mortgage, especially when done through a credit union. Note: You must do this before going on the market.

When I obtained a HELOC from a credit union, they didn’t even charge for title insurance and did only a “drive-by” appraisal, and the closing took place at the loan officer’s desk with no closing fee. It couldn’t have been easier.

If you have a mortgage on your home but still have substantial equity, a HELOC can provide the cash you need for a 20% down payment, which is what’s required to get the most favorable interest rate on the mortgage for the home you’re buying. You would no longer be a cash buyer for your new home, and the mortgage lender for your home purchase may make the sale of your current home a condition for approving the loan on your new home, depending on the size of your income and the ratio of your debts to your income. But that doesn’t mean you can’t succeed in buying the new home.

Under the right circumstances, a seller and his/her listing agent will consider an offer that is contingent on the sale of the buyer’s current home. I have succeeded in this process as a buyer’s agent by showing that the buyer’s home is ready to be listed immediately and will be priced to sell quickly based on a market analysis.

Don’t expect, however, to win a bidding war against non-contingent buyers. You can avoid bidding wars and succeed with a contingent offer by looking only at homes that have been on the market over two weeks. Your agent can set up an email alert with that being one of the search criteria. Then be sure to include in the contract the price that you are going to list your home and submit with it a market analysis demonstrating that it is priced to sell quickly. That market analysis should include a spreadsheet of comparable homes sold in the last six months, showing days on market, and a price per square foot that is higher than the price per square foot of your home at the listing price specified in your offer. Your agent could even enter the home on the MLS as an “incoming” (not yet active) listing, complete with high quality photos, showing that you’re ready to “pull the trigger” immediately after your contract is accepted on the new home.

The contract to purchase your new home could have a closing date of 45 to 60 days, and if you have priced your current home correctly, you should get multiple offers and be under contract within, say, four days with a buyer who has agreed to match the closing date on your new home.

One of the deadlines in a contract to buy a home is the contingency deadline, after which you would lose your earnest money if you fail to close on your purchase.  That date should not be the day of closing but maybe a week earlier. If the contract to purchase your current home has the same date for that last opportunity for your buyer to terminate and get their earnest money back, you can have some peace of mind about everything working out well.

When I write a contingent contract, I like to add a provision that the seller can terminate if my buyer’s home is not under contract within, say, a week or 10 days after going under contract. That increases the likelihood of acceptance.

(I’ll write about the challenges facing renters who want to become home owners in next week’s column.)