Realty Times August 28, 2007

Ask George & Chuck: Questions from Consumers
by George Stephens & Chuck Jacobus

Question (AZ): We're thinking of putting our house on the market. An 1880 sq. ft, 3 bedroom, 2 bath, pool & spa, desert view home in a very desirable subdivision in North Scottsdale. We met with 3 different Realtors. My question is, in our N. Scottsdale market, is all the hype a Realtor gives me about marketing worth it?

  1. Realtor A has a popular newsletter that she mails monthly in our area; she lives in the neighborhood and claims to be the top producer in our community. Her commission and fee were the highest depending on what package you purchase and her listing price the lowest. She also didn't seem to like the house.

  2. Realtor B claims their signs offering to "buy your home" to get this one and other similar tactics is the way to go. Tacky-crazy signs that look cheap.

  3. Realtor C lives in the neighborhood, gave basic facts of where we are in the market, the coming foreclosures and how they will affect our sale and he also had the highest listing price and offered to be flexible in commission.

Also Realtor C was the only one that seemed to appreciate the house. He said he looked at present competition and thought that ours was one of the better for the pricing.

My question is how effective is any marketing beyond the MLS and newspaper section right now? I feel like the "big marketing" packages offered and the cost or commission base is not worth it right now. Anything beyond is just overkill. Our area is very specific. If people want to live and buy here they'll find us. Should we just price our home right and hang in there? Your thoughts on this would be appreciated.

Answer: Most folks, with whom we've talked, think that "marketing" involves finding or locating a ready, willing, and able buyer for the real estate one wishes to sell. Finding that one buyer who will actually purchase the subject real estate is, however, only one of the services that comprise marketing.

The best definition of "marketing" real estate that we've found is our own (that fact should be no surprise): Delivering to a consumer that which the consumer wants and/or needs, at a price and upon terms the consumer is willing to pay.

An important part of marketing is what we call the "PEA" factor. The PEA factor is necessary to achieve a timely sale under current market conditions. "PEA" is an acronym that stands for a realistic asking "Price," maximum "Exposure" through advertising, and reasonable "Accessibility" (the property is available for showing seven days a week between 9:00AM and 7:00PM). To whatever extent you limit one or more of the PEA factors you place barriers to your objective of achieving a timely sale under current market conditions.

However, the PEA factor only deals with locating a ready, willing and able buyer. Then there is the negotiation of the myriad terms involved in actually effecting delivery of the real estate to the buyer and, as required by law, putting that agreement in writing. As if that isn't complicated enough, one must usually then deal with a psychological phenomenon called "buyer's remorse."

So, in answer to your specific question as to "... how effective is any marketing beyond the MLS and newspaper section right now," we believe it is as effective as the seller or the seller's agent who understands that "marketing" consists of many more activities than just putting a property into MLS and advertising in newspapers. If the real estate firms with whom you've spoken seem to be promoting themselves (what we call "hype") rather than laying out a complete marketing plan to effect a timely sale under the current market conditions in Scottsdale, Arizona, then we suggest you interview more firms until you reach the one firm that is going to deliver what you, as a seller, want and need at a price and upon terms you are willing to pay.

Question (GA): What are my options? I jointly own 1 acre with my ex-boyfriend. He has placed a trailer on it and uses it as a rental property. I want to sell out my interest. He refuses to buy me out. What can I do? I do not benefit from the rental.

Answer: Access our website, www.askgeorge.com, and click on the "Search" button beneath our photo. Enter the words, "co-owner" without the quotes in the 'Search For' field. That will most likely give you a starting point for at least knowing your options. Next, we suggest that you hire an attorney to represent your interests as one of the joint owners. Typically, when a partition lawsuit is filed the court will look at the form of ownership and if both names are on the Deed, either co-owner can usually file a partition lawsuit to force the sale of the property. When that happens, the partition sales proceeds will typically be divided 50-50 between you and your ex-boyfriend. However, there are many unpredictable variables, so that is why we strongly urge you to hire a Georgia attorney experienced in successful partition lawsuits to represent your interests.

Question (IN): In a letter to the editor in today's Indianapolis Star, a reader stated that Senior Citizens in Texas are exempt from property taxes. Is this correct? Please comment.

Answer: A person who owns real property as a Texas Homestead, and who has reached an age of 65 years or more, can obtain certain exemptions from Property Taxes. We suggest you read the booklet "Taxpayers' Rights, Remedies and Responsibilities." What that reader may have been talking about is the following "deferment" from paying any property tax until it is due, together with interest, which if you are deceased must be paid by your estate:

"If you are a homeowner aged 65 or older, you may "defer" or postpone paying any property taxes on your home for as long as you own and live in it. To postpone your tax payments, file a "tax deferral affidavit" with your appraisal district. You may suspend any lawsuit by filing this affidavit with the court or stop a pending tax sale by filing the affidavit with the officer conducting the sale and the appraisal district, taxing unit or taxing unit's delinquent tax attorney.

A tax deferral, however, only postpones your tax liability. It doesn't cancel it. Interest on the sum due accrues at the rate of 8 percent a year. Once you or your surviving spouse no longer own your home or live in it, past taxes and interest become due 181 days later. Any penalty and interest that was due on the tax bill for the home before the tax deferral will remain on the property and become due when it ends."

Question (NY): I am taking the broker's exam here in New York. I will mostly likely be moving to Texas next spring. I am getting married. Does Texas have reciprocity with New York? What do I need to do to get a Texas broker license? Do I have to give up my New York license?

Answer: Congratulations on obtaining your New York Broker License, and Best Wishes with your upcoming marriage.

Unfortunately, Texas does not have real estate license reciprocity with any other states. However, the fact that you have a New York Broker License will count toward the number of required real estate courses you need to obtain your Texas License. Texas requires that a licensee either be licensed as a Salesperson for two years before taking the Texas Broker Exam, or if the licensee has a Broker License from another state that the licensee furnish satisfactory evidence that he or she has not less than two (2) years active experience as a licensed real estate salesperson or broker during the 36 month period immediately preceding the filing of the application.

We recommend that you contact the Texas Real Estate Commission at http://www.trec.state.tx.us. When the home page displays, select the 6th tab at the top, "Education & Exams" then click on the first hyperlink displayed, Applicants for Real Estate Salesperson, Broker or Inspector License.

As for your last question, we recommend that if you are able to, you keep your New York Broker license. You never know when it may be useful, plus it offers a dimension of credibility when you state you are licensed in New York and Texas.



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