BROKER STUFF:  Q: I am new to homesmart and barely got logged in yesterday. Is there a platform used to communicate to get fast replies any time of day? My old brokerage used slack. 

 

The quickest way to get a broker response is to call us at 602-889-2115 during the week M-F from 8am-5pm.  Call the same number and listen for the after hours prompt to reach the broker on call.  Typically after hours runs to approx 9pm and all day Saturday and Sunday.  You can also email to this email address, same hours as phone except there is no after hours or weekend email monitoring...so if you send an email after hours or on the weekend it will not be seen until the next business day.

 

Hope this helps, please feel free to reach out at anytime.

 

Q: The buyer’s agent cannot locate his client, and the buyer has failed to return the agent’s calls or emails all week. The buyer’s agent has asked me to send an email canceling the transaction, due to lack of cooperation on the buyer’s part. How do I perform this task so that the cancelation is acceptable?  Thank you.

CURE NOTICE: The pc says if any party fails to comply with any provision of this contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance.  So your first step is to deliver a CURE notice for the non-compliance.

The pc further says "if the non-compliance is not cured within three (3) days after delivery of such notice (Cure Period) the failure to comply shall become a breach of Contract.  You could then send Notice of cancellation to title and request the escrow to be cancelled

 

Broker response during COVID:

NOTICE: In accordance with Governor Ducey’s Executive Order 2020-12, real estate services are deemed essential in Arizona.  The Governor has issued a “Stay home, stay healthy, stay connected" order wherein the identified essential services were not changed, rather functions of essential services are clear in that unless absolutely necessary everyone should stay home through April 30, 2020.  If you have a client that needs to list/sell their home or a buyer who must view homes at this time, you can conduct business under essential services. Please be certain to follow CDC and NAR recommendations as it relates to health, safety, physical distancing, etc. while conducting these activities. 

HomeSmart remains 100% operational and here to support you and your business!  The HomeSmart broker team is available by phone 602-889-2115 or by email at broker@hsmove.com during normal business hours along with after hours/on call broker access.

Broker New Agent Orientation:

SCRIPT:  Hi, Welcome to HomeSmart, I’m Jeff Tallman one of your consulting brokers here at the Corporate Office. Looking at the chart, Laurie McDonnell is our DB designated broker, Trudy, Jane and Sherry will do the initial reviw on your new files including Listings, Sales, Rentals, Referrals, all file types.  Kyle, Marcie, Todd and myself are in the office everyday answering your calls and email.  Trudy and Sherry fill in at corporate sometimes so you may talk to them from time to time as well.  And for those of you who don't know Trudy was the long time DB brfore Laurie’s arrival...

Just a quick note to say hello, I also wanted to follow up and let you know that I did talk with Laurie regarding the Revelation agent you had called in about and our discussion regarding her "unprofessionalism" and some of the negative communication that occurred along with the indifference displayed by her Designated Broker Catherine Schaeffer. This did not surprise Laurie since that brokerage is winding down operations and will eventually be closing for good.

 

Laurie agrees that you could certainly file an ethics complaint with AAR and go through that process, however, given the recent circumstances we are all facing with this pandemic our feeling is that you should probably just let it go and focus on other more important priorities right now, namely staying healthy and focusing on how to best move forward once these emergency health declarations are lifted.

 

As always, please feel free to reach out should you ever need anything, HomeSmart is here to support you 100%.  

 

Jeff, 

Thank you for the follow up and to Laurie's suggestion.

At this time and due to circumstances much more significant we are concentrating on active buyers and upcoming listings, marketing and general business at hand. We strongly feel that everything will turn around, and confident that AZ will continue growth as previous to this emergency upon our nation.

Please stay healthy and safe.  JodiandMitch

Our agent Jan Mailloux has been keeping me informed on this transaction and some of the issues that have arisen with repairs not being completed.  

 

Is the seller prepared to make good on their commitment to complete the repairs they agreed to even if those will occur post closing?   Please let us know as soon as possible so we can keep our buyer client informed as to the status.

 

Jeff.

You could certainly pursue an ethics complaint but that would take up a lot of your time and energy.

 

My recommendation would be to reach out to their Designated Broker and send an email outlining the situation and circumstances.

 

Hopefully they would investigate and perhaps modify their business practices and stop something like this from happening again...

 

Or, someone could possibly be reprimanded for this mistake.

 

Least of all they could apologize to you and your client for the mix up.

 

Hope this helps, take care, Jeff.

So they are basically saying they get the $4500 seller concession regardless, even if the appraisal comes in low and they request the price be reduced to the appraised value.

I prefer not to address the appraisal upfront like this, let's just wait and see how it appraises.

That being said, your seller does not have to sign anything agreeing to a price reduction even if the appraisal comes in low.

You could use that as leverage if needed and tell them they either come off the $4500 or the seller won't adjust the price if it comes to that.

It's give and take all the way through to closing...

http://www.christine-ed.com/buying-a-home

http://www.christine-ed.com/faq

https://www.aaronline.com/wp-content/uploads/2013/04/AZQ_Summer_2012_online.pdf

 

https://www.aaronline.com/wp-content/uploads/2013/10/October-2013-AZR.pdf

 

Checking owner occupant box on affidavit of value when NOT owner occupant is fraud!  Substantive policy statements, commission credits to buyer, etc.

 

http://www.re.state.az.us/Bulletins/Bulletin_05.05.pdf

Inspection notes:

 

And this is where different experiences and knowledge come into play. I found none of those things being concerning, as they are very common items inspectors write up, and also age of the home specific. You're buying an older home. They didn't "ground" outlets back then. Venting into the attic is extremely common, though inspectors note it every single time. You can't expect/demand a seller to bring a house up to today's standards and codes, otherwise many sellers across the country could never afford to sell their homes. 

The only thing I would get checked out is the foundation, as that looks like a huge rock in your picture, and I don't understand how that's "foundation" and also check the roof. Keep in mind you're buying the house in today's roof condition, and you can't expect a seller to credit you for a roof that would only last 3-5 years. Today, it's performing as intended, so it's today's condition you're buying. It doesn't hurt to ask for a small reduction for future replacement, but he's not selling to you in the future.

 

The term "Working Condition" as stated on Page 4, Lines 165 & 166 of the contract
shall mean, "Operating in a manner in which the item/s was/were designed to operate
by the manufacturer in all manners of FORM, FIT and FUNCTION and that assembly
and/or installation of the item are consistent with the manufacturers written
recommendation and/or instructions of that/those item/s."

COMPLAINT, RESPONSE, PHRASES

Dale,

cc: Trudy Moore

I am emailing regarding a closing tomorrow with your agent, Jim Flinn.  The property 4301 E Muirwood Dr, Phoenix is on track to close tomorrow.  Sellers signed on Monday. The buyer walked through, delivered funds and signed Monday.  Lender has released wire for funds to arrive at title early tomorrow for an early recording.

The buyer, a police officer, works Thursday through Monday, with Tuesdays and Wednesdays off.  He only has tomorrow afternoon to move.  I received a text from Jim Flinn this evening at 7:14 pm, asking if the buyer would be open to "lease the house back to the seller until next Friday at 40 dollars a day."

The buyer is not open to a post possession, especially at this stage of the game.  He is packed and ready to move and has several of his fellow officers using their day off to help him move. He is furious that question has been asked.

I am concerned the listing agent has not advised the sellers that they need to be out.  I will appreciate any help you can give regarding advising the sellers of this property regarding the consequences of not being out upon closing and the transfer of ownership.  Julie Morris.

“I have talked with Jim and this was a normal request from the seller due to their circumstances, however, they are planning on moving prior to recording.”

Thank you,, Michael P. Hofstetter, Managing Broker  West USA Realty

COMPLAINT, RESPONSE:   This is an arms length transaction, the seller is ready to close as per the terms of the contract.  The seller is not interested in delaying the closing.  all contingencies have been satisfied

SIFE:  Stop it From Escalating...Ask, “How does that make you feel?”  Let calmer heads prevail.  It was a minor infraction and unintentional. 

DDS: Drama Diffusal System:  Let’s let calmer heads prevail, I don’t think she was acting in a malicious manner, let’s ask the seller/buyer, that was a normal request under the circumstances,  It was an honest mistake. No harm was intended.  We were caught off-guard too!  It’s a dynamic, fluid situation.  It’s how we communicate.  It’s not a static environment. 

I may have overstepped. I called West USA to give them a heads up that the home still showed as Pending when we've been out of contract since Sat. They transferred me to a broker. I just have a hunch that the other Realtor hasn't told his client the contract was cancelled. I did mention possibly submitting an ethics complaint about honesty.  If this is just a minor infraction, I don't need to file a complaint. 

“Hi Crystal- If you log onto the AAR website and go to "Resolve Disputes" / "Ethics" / "Information on Filing an Ethics Complaint"  It will help you determine the answer to your question. You will need to decide which code in the code of ethics the agent has violated and then be able to provide supporting evidence. It sounds like perhaps the agent was not "honest " in dealing with all parties in the transaction" perhaps??  After doing some research on AAR let us know if you need any further assistance.”  Sherry Kettner 

CLICK HERE for information on the new 3.8% tax effective in 2013.  Reminder: 3.8% Tax Is Not a Transfer Tax on Real Estate


Hi, I just submitted an offer for client on Foreclosed Gilbert home listed for $208,000 at $160,000. Home has a LOT of repairs, some structurally, such as,window that has been replaced & doesn't fit so they have packaging tape filling gap between wall & window. This is sold "as is" & I'm wondering if they can get financing until major repairs are complete. Your opinion?

What type of loan, FHA?  VA?  Conventional?  FHA and VA Appraisers will definitely call out safety items and they do require the roof to have a minimum 2 year life left, they do look at windows and doors to make sure they are functional, no broken glass, etc.  So that could be an issue if the appraiser calls it out.

Supply and drain lines under bathroom sink are corroded...is this warranted?  Thank you.  Hi Kelly.  Probably not unless they are actively leaking at the drain lines.  I would check for "wetness" to see if there is any moisture present. (Corrosion is a  process that occurs naturally and is quite common around water/drain lines).  JT

 

I have received the response below from my clients Lender.. We are attempting to do a short sale on his home.  Our last offer to the lender was $235k their reply is $235k net for lien release.  

 Does that mean the current owner will no longer have any ties to this home with a lien release?  In effect the short sale will be approved and once closed it is finished for my clients.

 I received a response back from the client. They are countering back at $235k net for a lien release. Please forward a new HUD-1 reflecting these changes for approval.  Thank you for your advice!

That sounds correct Wendy, yes.  You always want to advise clients that are considering short sale to speak with an attorney just to be sure that they know what they're getting into.  You don't want them relying on us to interpret that for them, but I'm pretty sure that by saying "lien release" they're saying that the issue is considered resolved for the owners and bank/lending institution.

Sorry to hear about that though, hopefully things get resolved quickly!

 

Without having seen the property or any specific reports or photos, this wording seems fine.  My subjective opinion is that nothing on the list seems ambiguous...

It can be really annoying to have to deal with an egoist at any time or place. If the egoist is you boss or spouse, things get even worse. Egoists are not bad people but you can think of them as faulty people. The fault that they have in their head is that they think that everything they do or say is right. Their world revolves around their own perfect image and they never like to lose an argument. Don’t even try to get them to accept their mistake or apologize. It can be tough but there are ways of dealing with an egoist. Here are the top 10 ways to deal with an egoist.

10. Avoid Having To Deal With An Egoist:

The best advice is to avoid having to deal with an egoist in the first place. This is much easier and will save you a lot of headache. To be absolutely clear I am suggesting even finding a new job or a new partner if your boss or spouse is an egoist. If you get into an argument with a stranger who seems an egoist, just avoid the argument because no matter how logical you are you’ll never win the argument. If you are stuck with an egoist boss or spouse or close friend then read on for more ways to deal with an egoist.

 

 

9. Stay Calm:

 

This is an important step in dealing with an egoist. You must stay calm. You can’t get angry or emotional because it won’t be good for you and it will only complicate the situation further. When your egoist starts an argument, you must remember that in their eyes they are perfect and you won’t make them see their faults by turning the argument into a fight.

 

8. Maintain Dignity:

 

At all times maintain your dignity and don’t get abusive or aggressive. If your boss is an egoist always stay professional while dealing with them. If your spouse is an egoist, maintain respectful no matter how wrong they are being. This is again about staying calm and maintaining sanity.

 

 

7. Voice Your Opinions:

 

Just because you are with an egoist doesn’t mean you should just stay quiet and let them have their way. You must voice your opinions in a calm manner. Let them know your point of view but don’t try to force it on them. If you tell an egoist to do something in a certain way, they’ll make sure to do it in some other way. Don’t force your opinion on them and let them do things in their own way after having voiced your opinion once. If their way doesn’t work you can calmly remind them that you told them so.

 

 

6. Do Not Tolerate Bad Behavior:

In no circumstance should you tolerate bad behavior. Egoist spouses have the habit of making their partner feel worthless. Do not tolerate this type of behavior by being submissive just to make the relationship work. Remember that it is better for a relationship to fail than to stay stuck in an abusive relationship.

 

 

5. Don’t Force An Apology:

 

Getting angry at bad behavior is okay but don’t expect a big apology from the egoist. They might quiet down if you are angry but they’ll continue to believe that they didn’t do anything wrong. After a time of anger you must forgive them on your own and resume normal behavior. If you force them to apologize they’ll hate you for it. Try to think of them as transactional relations where every action is one transaction. When they make a mistake, get angry but only till the transaction lasts and then start another transaction on a neutral note.

 

 

4. Encourage Good Behavior:

While you must not tolerate bad behavior you must also encourage good behavior. No matter how egoist a person is, they still do manage to do good things. When this happens make sure to praise them and let them know that you appreciate their good behavior. Egoists are always looking for praises and if you condition them by giving it only when they behave well, things will get a lot easier for you.

3. Praise But Don’t Flatter:

While you must praise the egoist’s good behavior, remember to not flatter them. They’ll get too used to your flattery and expect it all the time. They’ll expect you to always flatter them and stay submissive to them. This is not what you want. Praises are the treats you must give judicially to condition their behavior. Too much and they’ll never behave properly with you.

2. Become Independent:

Egoists like people who are dependent on them but this doesn’t mean you have to be dependent on them in order for them to like you. In fact the more dependent you are on them, the more they will abuse you. It feeds their ego to have someone tied to them who they can treat badly knowing that they’ll never leave them. They’ll make you feel worthless and tell you how big a favor they do to you by tolerating you. If you don’t want this then become independent.

1. Take Charge Of Your Life:   The most important thing while dealing with an egoist is to take charge of your life. Egoists like to take charge of other’s life as this gives them the feeling of power but if you let them, they’ll make your life hell. When you take charge of your life, you let them know that you are your own individual person who needs to be treated with respect. You also create the option of leaving the egoist when you take charge of your life which sometimes is the only course of action left. I move forward in my life every day, even if it's only a tiny step, because I know that great things are accomplished with tiny moves, but nothing is accomplished by standing still. Zig Ziglar  You will always miss him, you will always feel half dead inside, but you will live your life with joy and sadness at once. This is what has to be. You are strong, and you will be reunited. Gay Foster