When trying to sell your house, have you ever been approached by a real estate agent who has a “buyer” for your house? It’s different stories each time, but still the same outcome. “Oh, I know someone who has been dying for a house just like this.. this would be perfect for them!” Or my favorite…”Oh I represent a lot of cash buyers/investors, and this house would be perfect for them, we could close very fast!” When I was beginning this “game” I fell victim to the real estate agents many times. In my case it was a variation of the “Cash Buyer” or “Investor” story. I would list my house with the agent expecting a fast closing, and lo and behold, their “buyer” would back out for any myriad of reasons, but no matter, the agent had a strong listing to build their “listing” portfolio and enhance their pathetic image! Simply put, this is all “taught” to agents in their training classes. It is a technique to gain listings. Be careful and use common sense when dealing with this. I didn’t and suffer from the “hind sight is 20/20″ syndrome on this one. Whether you are a buyer or a seller, it may be worthwhile to peruse through a “Learn to be a Real Estate Agent” book at your local bookstore. You’ll see their tricks and techniques plainly spelled out… the same tricks and techniques they will use against you!

Have you ever bought a house via an “open house”? Have you ever sold a house via an agent’s “open house”? Didn’t think so. That’s because open houses put on by agents are not designed to sell your house. Your house is being used strictly as a marketing tool to build listings! You know the drill… the sign in the front yard prominently displaying the agents sparkling smile and two-thumbs up, the balloons blowing in the wind, and the welcome sign right below the open house logo. Agents shine when they have many listings… remember, selling houses is a numbers game, i.e. the more listings (exclusive listings if they are scrupulous enough to pull that scam off) the higher the likelihood a sale will occur, lining the agents’ greed infested pockets. Any agents want to argue this by saying “But, but, but, I sold a house through an open house…”? Give it up guys.. the gig is over, stop wasting the homeowner’s valuable time and resources to grow your self-image and your business. Want proof? Sneak a peak in your local Multiple Listing Service (find an agent friend or ask your agent for a printout of this) and see how many houses have sold via an open house (yes this is a selection for this on most MLS services). If you’re seeking an agent to represent the sale of your home, make sure that when you interview them you listen VERY closely to their “sales pitches”. You want to know what type of houses they SELL, how close they come to selling for their asking price, the houses proximity to your house and the agents experience in that local market, how long the agent takes to sell a house, and through what methods. I’ll be putting together a DETAILED list of how to choose the right agent soon. Check back for that post.

For the many years that I have been in real estate, I have fought consistent battles against “Real” value vs implied value, or assessed value. Here is what an appraisal is without definitional lingo.. It is a snapshot of the value of your house derived from comparable sales within the last year in your immediate area. Got That? Comparable means similar in size, beds, baths, etc, similar amenities, similar in age or “effective age” and close to your neighborhood. If you live in a middle class average neighborhood, compare to the millionaires row next door or the crack head heaven down the street won’t cut it. Foreclosures and “fire sale” or distressed sales? Not a comparable. Appraisers that disagree with me.. you are a disgrace to the business and I warn all homeowners of you… you cause major damage to the economy! The comparable must be what are referred to as “arms length transactions”. Are licensed real estate agents appraisers? No they are not. They can however be an excellent guage as to the potential marketability of your house and where you should price it to be competitive.

Here’s where it gets interesting. There are many online companies that promise a value of your home. Bogus. They are a decent guesstimate, but other than that.. bogus. Here’s the funny part though….  A lot of investors go to homeowners, whether it be in a buy or sell situation, armed with proof of the value of the home. This proof comes from the county or city tax records! First of all the tax records is ZERO indication of your properties’ worth. It simply is a reflection of “assessed” values by section or segment of the community that your house happens to fall within. It’s solely a number created for a tax basis. Everyday people argue their values to raise them, or lower them. Look at some of the ultra-rich multi million dollar homes. They will always be assessed as low as possible, as they know the true value of their home, but just don’t wish to pay the absurd taxes attached to that. When an investor tells you THEY know the value of your house… laugh in their face! When documented value becomes important in the transaction, you must get a reputable third party appraiser to do the valuation.

If you are selling or buying your house, you have basically two options; hire an agent or do it yourself. (Ah yes, just when you “real estate agents” thought you may be excluded from this group of wrong doers…think again). Selling or buying your house on your own has its pros and cons, as does selling or buying with an agent. We won’t address that in this post. I would like to specifically address selling/buying with an agent and signing the “agency agreement” as it is called. Whether you have hired an agent to buy or to sell, you will at some point, typically early on, be asked to sign some “papers”. These papers, as the agent will tell you, assures them that they will get paid when the transaction is complete. This is completely fair and reasonable. The agent should get paid for what they have done. Well, the devil is in the details as they say. There is a clause in here that sometimes has a little “check box” in front of it as well that indicates that your are hiring this agent as a “buyers representative” or a “sellers representative”. This can also be referred to as an “exclusive agency agreement”. If you see this, regardless of whether you are buying or selling RUN!!!!!!!! You are falling victim to a MASSIVE SCAM! Do you know what it means if you sign this exclusive agency agreement? It means that your agent gets paid on the purchase or sale of your house regardless of whether they had ANYTHING to do with the transaction other than getting you to sign that agreement! Sure they may have put it in the multiple listing service if you’re selling (which carries virtually no expense), or showed it to a few potential buyers if your selling, but 9 times out of 10 the agents make a “Goal” of getting as many “exclusives” signed as they possibly can! From then on it’s just a numbers game! Sooner or later a house will be bought or a house will be sold.. and they’ll be in the middle. Be sure to check back on this post to see how many agents defend this.. it’ll be a show!

Here’s how to protect yourself against this huge scam:

  • NEVER sign an exclusive agreement with an agent.. you want a non exclusive. Let me ask you this to prove my point; Do you think an agent should be paid if they sell your house or find a house that you buy? Your answer should be yes. Do you think said agent should be paid if they do NOT sell your house or DO NOT find a house that you buy? Your answer would obviously be no. So why would you pay them?
  • Make sure you do not enter into any “timelines” with an agent. If they work, they get paid. If they don’t work, they don’t get paid. The good agents will have faith that they will provide you a great service, and be paid for that. The bad ones will want an exclusive. It’s that simple.
  • Non-exclusive agreements give you the freedom to find a buyer simultaneously. In this case everyone is motivated, and paid for the service they provide when they provide it.
  • Remember, listing your house is not a service. Advertising a property is part of an agents job or “tools” in order to earn their commission by completing the transaction. Don’t let them tell you otherwise.

Watch out for “dual representation”, where an agent represents both the seller and the buyer. The fiduciary duty of an agent is to look out for the best interests of the party they are representing. If the goal of an agent is to get a buyer to “pay as much as they can” and to get the seller to take as “little as they can” then how can this work. There’s a bonus tip for you… never enter into a “dual agreement” as it is called…where you as a buyer or seller is represented by the same agent that is representing the party on the OTHER end of the transaction!

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