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Question: I just received a call from my broker earlier today telling me that the lender misquoted my rate from over a month ago, a rate that I locked in. I have now been offered financing at a higher rate. Is there anything I can do? I am trying to find a new lender, but with 11 days before closing, I don't see that happening.

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Answer: The best loan arrangements in the world aren't worth anything if the lender doesn't deliver.

You have several issues here.

First, you have acted in good faith. The sellers in this situation may be willing to delay closing so that you can obtain needed financing. This may be a better alternative than placing their home on the market again.

Second, you need to speak with a variety of lenders. Since you already have completed a loan application it's likely that you have all the paperwork on hand. Also, you have a recent appraisal. In such circumstances it may be possible to speed the loan process.

Third, in an odd way you may come out ahead. Interest levels fell during much of September so you may be able to obtain financing at a lower rate. Freddie Mac reported at the start of October that a typical 30-year, fixed-rate loan was available at 5.95 percent, with an average 0.6 points.

Question: I may sell my 40-year-old home and noticed a few things that may be of concern to a prospective buyer. It's a ranch-style home and the lower level has a floor that slopes to one side, but more toward the back of the house. What could that mean?

Answer: To find out why the floor is slanted you should hire a licensed engineer to determine both the cause of the problem and a solution. You should then make appropriate repairs. You need to do this whether or not you sell the home: If you try to sell the slanted floor will devalue the property. If you don't sell, the problem may get worse if not repaired.

Question: We took our house off the market last night. Now the broker is saying she wants us to sign a temporary withdrawal document. When we told her it wasn't a temporary withdrawal, she said that if we wanted to cancel the listing it would mean we would either have to tell her in writing she did something wrong or pay her the fees she's covered to date for marketing. We have no intention of using her again -- what is in our best interest? We plan to try to sell it ourselves maybe in 6-9 months.

Answer: You had a listing agreement to sell your home. Acting under that contract the broker spent time and money in an effort to market the property. You now want to end the listing agreement prematurely.

More than five million existing homes are sold annually and it logically follows that not all listings will continue through their entire term. Some listings allow owners to end the agreement prematurely, often with various terms including compensation for the broker to off-set actual ad expenses and other specific costs.

Have an attorney review the release documents provided by the broker as well as the original listing agreement. Consider such questions as:

  • Does the listing agreement allow you to end the relationship prematurely? Under what conditions?

  • Does the broker want compensation for just her costs? If yes, how much?

  • Does the broker want a commission if the property is contracted within x days to specific customers she "introduced" to the property during the listing term?

  • Does the broker want to be released from all future claims you might have as a result of the listing?

    What's in your best interest is to resolve this matter quickly and fairly. If the broker is looking for reasonable costs and conditions given the circumstances, then the broker's offer may be your optimum choice.

    Question: What ethical guidelines are important to follow in dealing with first-time buyers?

    Answer: The matter of ethics and morals is open to a wide range of opinions and actions. The view here, a personal one, is that professionals in real estate (and other fields) must be responsive to a diversity of clients and customers. In the case of first-time purchasers one must consider such issues as buyer experience and financial sophistication -- given individuals may require additional time from professionals to understand how the marketplace works, buyer representation or the services of an attorney, the use of a structural inspector and information from several lenders.

    Question: Can a borrower re-pay a 30-year mortgage without using a bi-weekly repayment schedule?

    Answer: Yes -- assuming that the loan can be repaid in whole or in part at any time and without penalty. Here's an example:

    A $100,000 loan at 6 percent interest and a 30-year term requires monthly payments for principal and interest of $599.55. To pay off the loan in eight years, increase the monthly P&I payment to $1,314.15. You can calculate other repayment periods with a financial calculator and such calculators are often found online.

    Notice that you do not need a third-party to create such a program and you don't have to pay an additional fee to anyone -- just see if your loan allows prepayments without penalty. Speak with your lender for specifics.

    Question: I have tenants who moved in on a 1-year lease and are now going to separate. One is moving out and the other wants to stay. Can I remove one name from the lease and just keep the lease in the name of remaining tenant?

    Answer: A lease is a contract between a property owner and one or more tenants. In a typical lease, when there is more than one tenant, all are fully responsible for fulfilling all lease terms. Thus, both tenants are obligated to perform under the lease agreement -- even if they have a falling out.

    In your situation, the best approach might be to mutually agree in writing with both tenants to end the current lease and return their deposit. Then create a new lease with a new deposit with the remaining tenant. This would get you a new lease, no vacancy, remove the separated tenant from both the property and the paperwork and assure that the existing deposit is properly returned.

    Please check to see if you have rent control rules in your community and, if so, how they might impact your arrangement in terms of notices, rates and such. As well, change the locks for the security of the remaining tenant.


    Have a real estate question? Send your inquiry to . Because of the volume of mail received, Mr. Miller cannot respond to questions individually or privately. Published letters may be edited for space and style. For comments regarding other Realty Times articles, please contact individual authors by pressing here.

    This column is designed to provide accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that neither the author nor the publisher is engaged in rendering legal, accounting, or other professional services. If legal services or other expert assistance is required, the services of a competent professional person should be sought.

  • Published: October 17, 2003

    Use of this article without permission is a violation of federal copyright laws.


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    Mortgage Rates
    30 Year Fixed: 3.83%
    15 Year Fixed: 3.05%
    1 Year Adj: 2.73%
    (U.S. Weekly Averages)

    Today's Headlines 10/17/2003


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