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The Seller is not providing a SPDS or CLUE Report

January 17, 2013 By

Sale PendingThis article seeks to be understand how these two real estate disclosures might affect a Buyer in a real estate transaction. For example, a buyer might ask what these terms mean or stand for? Or, why isn't the Seller disclosing them to me?

As a real estate professional, I see these words every day on the PLANO in many listings in the MLS telling me to place this verbiage into the contract I am about to prepare. Unfortunately, as I mentioned before, there seems to be a trend in real estate that stems from sellers and their agents making this ever more commonplace and acceptable. As a result, that is what motivated to me write this article because it is crucial for my clients, and you, my future client, to read, and re-read until you understand how these two disclosures play into the overall real estate transaction and how it might affect you when it comes time for you to enter a transaction.

In this short article, I explain exactly what a Seller's Property Disclosure Statement (SPDS or “SPUDS”) and the Comprehensive Loss Underwriting Exchange (CLUE) reports are at a very simplified and easy to understand level. Your agent can respond to your specific questions later or expound on this article.

A SPDS and CLUE report is typically provided from the seller to the buyer in a real estate transaction. The SPDS discloses to the buyer many things about the property but especially focuses on Yes and No questions in 6 different sections:

1. Ownership and Property.
2. Building and Safety Information.
3. Utilities.
4. Environmental Information.
5. Sewer/Waster Water Treatment.
6. Other Conditions and Factors – Additional Explanations.

Remember, it is a property disclosure from the seller so it should contain any important information concerning the property that might affect the buyer's decision-making process, the value of the property, or its use, and to make any other necessary explanations. For example, if the seller had to treat for termites last year then that information should be in the SPDS for the buyer to review.

The CLUE report is simply a snapshot of any insurance claims made against the building in the past five (5) years. This again, confirms disclosures made to the buyer in the SPDS or it may even confirm visual evidence obtained by the buyer of a past problem, repair, or remodel that has occurred as a result of a past event.

Now, terms have been defined, short explanations made; however, why is the seller not providing a SPDS or CLUE re

port?

1. Bank-owned: The property has been in Foreclosure and now the bank is selling it. When a bank repossesses and then sells real property due to a foreclosure, they have no idea about the history of the property, its past problems, past repairs, past updates, when they were made, etc. So they make this disclosure when they are placing it on the market for a new buyer. It is then up to the buyer to carefully inspect the property during the home inspection (or due diligence period) to insure they are comfortable moving forward with the purchase of the bank owned property. You can ask your own home insurance officer whether the home has had a past fire or flood in case it was not disclosed.

2. Flip property: Investors have purchased the property at a discount, then they have

turned around and renovated or upgraded the property in a relatively short amount of time. They do not provide these disclosures for some of the same reasons the bank does above because they have no or limited knowledge about the property itself. Although all brokers do not require these disclosures to be made on these types of properties, my broker does because again, most

of the form is just Yes and No questions and sellers should acknowledge and disclose any and all information they have about the property. I totally support and agree with this position. Lines 169-171 of the purchase contract even stipulate that sellers have disclose all material and latent defects of the property.

These are the most common situations a buyer might face where they might not receive a SPDS or CLUE. All other real estate transactions, should contain these important disclosures.

Whenever you waive a SPDS or CLUE in a contract, be sure to have your agent explain the consequences and be sure you sign a blank SPDS form so you know exactly what you are waiving. If your agent has not shown and had you sign the form you are agreeing to waive, and it turns out you start having major problems with your home; then tough questions might lead quickly to a lawsuit against your agent and the possibly the seller for not disclosing all known issues and facts regarding the property.

Real estate is not something you should jump into on your own. Make sure you are working with an agent that has your best interest, regularly buys and sells properties themselves and understands the contract. Most agents do not until they mess up and find themselves in a lawsuit over something they did not know or forgot to advise their clients about. Contact me today at 480-773-5195 or email mark@sellingmesahomes.com if I can help you in your next transaction.

Please leave your comments and feedback on the post!

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Had a past Foreclosure, Short Sale or Bankruptcy?

December 30, 2012 By
featured_2

featured_2Right now is an interesting time in the business of real estate for many buyers. For many Americans, and several of my clients right now and looking forward into 2013 will be an interesting time for them. As the economy strives to recover and many buyers strive to put back their lives together and get back into housing there might be a few roadblocks you should be aware of. Have you had a past foreclosure, short sale, or bankruptcy and will you be looking to purchase a home again in 2013? This is a blog you must read.

Two of my clients this month have run into hurdles with financing – not getting the pre-qualification letter because their credit is great and they have great jobs – but the timelines on their past foreclosure or bankruptcy was not what they thought it was. Here are a few reminders so you can avoid any problems getting into your next home:

1) Talk to a qualified loan officer right away and get DU approval. DU approval is taking the LSR (Loan Status Report or Prequal letter), one step further. This is where the lender takes the information you gave them once you have your prequal and uses the loan documents you submitted to verify the timelines and dates on any past bankruptcies or foreclosures. What people are finding is the final documents weren’t recorded the same time their bankruptcy was discharged or when they lost their home. Recently, a client of mine found out there was a 5 month delay in the Federal Housing Administration (FHA) recorded the foreclosure with the documents received from their lender.

2) Contact a local Realtor and start shopping. There is no reason you can’t start scoping out areas and neighborhoods, driving by homes for sale, getting a feel for the schools or local jobs available in the area. It is also a good idea to start 3-4 months before you think you will buy so you can get a sense of how the market is changing in that area. How fast are homes selling, are prices going up or down, talking to an agent that lives or knows the area well can be a huge benefit to you in your final search.

3) Be realistic. If you still have credit issues you need to clear up with the lender, don’t call your REALTOR® and have them spend days showing you homes that likely won’t be around when you are fully qualified to buy. You are wasting your time and money and also your agents. Working with your loan officer or banker to everything cleared up before you ask for any private showings. Inventory is moving fast in Phoenix area, so what you see this week just is not going to be there next week if you

are not in a position yet to write an offer.

4) Be a pro at managing your money. When you are planning a big purchase such as a new home, don’t lose sight of your goal. Spending all your down payment for all the Christmas gifts for the kids or your extravagant New Year’s Party leaves you with no momentum or savings for the new home. Be smart with credit. Do not cancel your credit lines or the credit cards you are not using – this may actually hurt your credit score but also don’t buy the new furniture or put those nice Stainless Steel appliances you wanted for the new house on layaway. Take care of all of those things when you have the keys to the home in your hand.

5) Do not change your employment status. Always talk to your lender before you do anything drastic at work such as quit your job, get a new job, apply for or go on FMLA (Family Medical Leave of Absence), take a reduction of hours or anything else that may jeopardize your ability to obtain financing before closing on the loan. One of my past client’s lost the house of her dreams because she went on FMLA leave at work to take care of her mother (which is a worthy cause), but she was in contract, did not inform her lender, and only a few days from closing could not close on the loan because of the final employment verification failed. Have a good enough relationship with your lender and your REALTOR® to make a call before you do anything that might endanger the financing. And if you are unsure, just ask – no question is a bad one! I have helped many people get into homes and I can help you avoid a bad situation!

I want to wish you a Merry Christmas and Happy New Year. 2012 has been a wonderful year for me in real estate and I love to assist others in achieving their real estate goals and dreams. Here is to a successful 2013 – Cheers! Give me a call or leave your comments if I can assist you!

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Characteristics of Buyers that do not Settle or Quit

November 12, 2012 By
Time to Shop for a Home

Time to Shop for a HomeThis past year in real estate I have worked with more buyers than in any previous years combined. Some were experienced investors, a couple were repeat buyers, and others were first-time buyers. The way each of them approached their real estate home search and purchase were different. This is what fascinates me about real estate – each person’s experiences, knowledge and goals are what motivates their final decisions. I have learned much about the importance of not ‘settling’ on a home from two of my past clients and today, I wanted to share some ideas with you.

Buyers that do not settle or quit have the following 5 things in

common:

1) They acknowledge their weaknesses or shortfalls and discuss them with their agent before the search is started. What happened during your previous experience or in your last transaction that you wish to never repeat? For example, one purchased in an area too far for work or lacking amenities because they didn’t know what else was out there. Another, purchased a home because they were pressured by their agent and relied too much on his or her advice; not doing enough of their own research themselves. A great agent armed with this knowledge will go to great lengths to make sure you are completely satisfied with the transaction and insure that history does not repeat itself.

2) They know what the ‘Uncompromisables’ are; and they won’t be swayed. For example, if you determine a home is invested with termites and you don’t have a good feeling about it – walk away from the deal and don’t second guess yourself. They are plenty of other homes out there.

3) They rely on the honest advice, opinions, and analysis of a great agent. These how to buy viagra online without prescription expect only the best customer service from a full-time agent that is willing to answer their questions and give them their honest opinion when asked. And yes, sometimes that answer is “No, I wouldn’t live in this neighborhood or No, this floor plan wouldn’t work for me.”

4) They rely on the advice of others. This goes along with #1, but buyers want people to point out things they wouldn’t have thought of, or wouldn’t have considered if they would have made the decision alone. #3 also is in play here, but most of the time people will trust friends and family over a great agent’s advice any day.

5) They never quit on their home search. Yes, buying real estate can be a long frustrating and sometimes discouraging process for some home buyers. It can take longer than you were expecting. There could be delays with underwriting or problems with the chain of title on the Prelim. You could be beat out in a multiple offer situation, you could find out the nice home you thought you were buying has termites and now just can’t see yourself buying it, or some other circumstance could occur that causes a delay in you being able to close the deal. Whatever the challenge or hurdle there is to overcome, buyers that stay focused and positive will never ‘settle’ or quit.

Remember, real estate is all about the education you take away from it. If you are not learning something from the process of buying or selling a home that you can use to make better decisions the next time you buy or sell than you are going about it all wrong or are working with the wrong agent.

If any of you would like to suggest ideas and tips you have learned from home buying or selling, please leave your comments below. Make it a great day!

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The Hottest Rental Market in the History of Arizona

September 26, 2012 By
Rents are rising due to distressed properties

Can you believe it? Rates are at an all-time low of 3.62% and with some 15-year fixed mortgages nearing the low 3′s! Warren Buffett was recently quoted in an interview saying that “he believed that the single-family home was the abs

olute best investment to make right now and if he could he would buy several hundred thousand!” You don’t believe me, check out the live interview from YouTube by clicking here. Or, click on the player below to watch:

Because the cost of financing the purchase is so affordable right now, purchasing an investment property is one of the smartest moves you can make for you and your portfolio right now. That is what I have done, that is what others are continuing to do. The market has turned practically overnight in Arizona, and despite some still horrific underlying economic factors that need to be addressed in the macro economy, the local demand for housing continues to thrive.

Recent polls and charts show how the short sales and foreclosures have caused a spike in the demand for affordable Rental Homes – making this “The Hottest Rental Market in the History of Arizona:”
Rents are rising due to distressed properties

So, how do you get started? Read one of my past posts called 10 ways to Find Investment Properties.

I recommend starting out with single-family residential close to

your home, but that may not be an option depending on where you live. I like single-family properties within 5-10 miles of my own home and I choose single-family buildings primarily for two reasons:

1) The type of tenant they appeal to and the type of tenant I get to manage: More often than not, single-family 3 or 4 bedroom structures appeal to a family.
2) No or lower Homeowner’s Association (HOA) dues than say a townhome or condo. For investors, this is one less cost and increases cash flow.

However, some investors I work with prefer condos because there is less potential maintenance and some communities even have on-site property managers that practically take care of everything. What I always say, is get started in whatever you have experience in first, then whatever intrigues you the most. For example, what type of property is located near your local market? Become an expert at owning and managing that type of unit

and tenant; and you will be successful.

Please let me know how I can help. I work with investors, I know investors; because I am an investor myself. Give me a call today and lets start working together to achieve your real estate goals.

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How a Buyer Contingency Works

September 6, 2012 By

When an individual wants to buy a home, but currently needs to sell the home they are in now – what do they do?  What options do they have of being able to buy a new home when they still own their current home?  Are there any options available that would prevent me from having to live somewhere temporarily?  These are common questions that home sellers and buyers ask me.  There are options – some that could keep you in the home until you find something, or some that will force you to move out!

What sellers need to understand though because I go through my list of 5 options, is that before they can really do anything, they have to get their home listed and SELL their current home.  They have to get that through their mindset.

Most sellers wisely choose option 4 so they can focus on finding their next home once the deal to sell their current home has closed escrow so there is no undue stress of having to be in a place before close of escrow.

Please contact me today for a FREE Home Evaluation as you may have equity in your home in the Phoenix area, and I would love to talk to you about your options.  Okay, okay, here is the list. If you have any questions or suggestions for other ways to answer this blog post question, please comment:

1. You can submit a contract to purchase a home with a Buyer Contingency that makes the whole purchase of the new property contingent upon you being able to sell your current home. With an accepted contract this would mean we could find a buyer for your current home and arrange a close of escrow date to be a few days prior to closing on the new place. The home would not be listed until we were in contract on the new property and you knew exactly where you headed once it sells.

NOTE: If you decided to go this route, we would have to find  a traditional sale to put an offer in on because you could not do this on a bank owned or short sale. That ok though, because 83% of the homes on the market now are normal sales.

2. We would sell your home to the “RIGHT” buyer.  We would work to find an investor or perhaps someone buying this as a second home that would not need to take possession of the property right away.  This means we could ask for an extended escrow period until we were able to find you a new home and close on that deal first.

NOTE: We would disclose this in the listing in the MLS and make sure that all buyers understand your situation.  It will limit who potentially would make an offer on the house, but remember we discussed that you are not in a situation where you need

to sell?  So the ball is in your court and with the current market, the right buyer WILL eventually come around.

3. Qualify for a new loan if you are in a position to carry both mortgage payments; use that funding to purchase the new home and then once you close on the house, you can simply pay off the loan with the proceeds from the sale.

NOTE: This would allow you more options when submitting contracts on the new property because you would not have to submit the contract CONTINGENT on the sale of your new home and should there be

multiple offers on a property does not make your offer any weaker than the others.  Some sellers frown at this type of contingency.

 Options that do force a move out:

 4. Do a lease-back for a few months or until you find your new home.  This means you would be paying rent to the new owner until we close on your new home.

5. Move out and into temporary housing (a rental property), until the new home can be found and closed.

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Thinking through Renting Issues

August 30, 2012 By
Nice Bathroom Remodel

If you’re considering renting your home, here are five things to think about:

1. Current Condition. If you’ve just spent money renovating, you might not want to risk having a tenant trash those new upgrades. If yo

u go ahead anyway, collect a healthy security deposit and a rent that protects your investment. Local law stipulates that one and half time the money rent amount is the max you can charge (excluding cleaning and pet deposits which sometimes are non-refundable). On the other hand, if your home needs fixing, rent it the way it is, then upgrade when you go to sell it.

Nice Bathroom Remodel

2. Homework. Talk to rental agents and

property managers to see what your rental rate would be. Then calculate how that income would cover your monthly obligations–mortgage, property taxes, insurance, maintenance, management costs. My general rule is you want to have at least a 10% cash flow or return on your asset. Ask the experts if there are any rent- or eviction-control ordinances. These laws can sometimes make it very expensive to evict even non-paying tenants.

3. Screen Tenants. If you decide to rent, consider hiring a rental agent or property manager with a strict tenant screening process. Network with everyone you know. Renting to a friend or a friend-of-a-friend can boost your chances of a good experience. On the other hand, consider any ramifications that might put a wedge between the relationship if you do decide to rent to friends or family. This is the only reason I will never rent to friends or

family.

4. Tenant-Proof. Minimize the cost of tenant damage by replacing carpet with tile, nice lighting fixtures and window treatments with more ordinary options and high-end appliances with bargains from Craigslist. Of course, if you’re renting a luxury home at a premium, you’ll have to keep those high-end features tenants expect.

5. Think About a Lease-Option. Today, a lease with an option to buy can be great for everyone. You might get more money, and the tenant gets time to decide. And lease-option tenants tend to take better care of your home.

If you need any help locating an investment property in the area or have any other questions related to this article, feel free to post a response. Although I don’t offer property management services or work with renters much, I’d be happy to be your consultant if you plan on buying an investment property. I only actively management my own property. Thanks for the opportunity to work with you.

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Real Estate Financing – Ten Ways

July 23, 2012 By

Do you remember when real estate financing meant you saved up enough to put 20% down on a house, and then you got a mortgage loan for the other 80%? Well, you can still do that, but there are many more options now. Here are t

en of them.

1. Gifting programs. In some parts of the country, builders fund foundations that give you a portion of the down-payment, so you can get into a home with as little as a 3.5% down-payment from your own pocket. FHA and other lenders have so far approved of or allowed this.

2. Hard Money Loans.

These and “low-doc” loans, meaning no or low documentation requirements, are back, and you can find them through investment financing lenders. These are for those of you with bad credit

but 20% to 30% to put down on a home. You don’t even have to have a job. Watch out though – these have interest rates of 10-18% or more!

3. FHA loans. The Federal Housing Administration doesn’t actually loan the money, but guarantees your loan for the bank, so they can loan up to 97% of the purchase price, depending on the particular FHA program.

4. VA loans. If you have been in the armed services, have a decent job, and can save two or three paychecks, you can probably get a home with a VA loan.

5. Land contract. Also called “contract for sale” and other names depending on the part of the country you are in, this just means that you make payments to the seller instead of a bank. It’s up to you and them to negotiate down-payment amount, interest rate, and the term of the loan.

6. Seller-carried second mortgages. Some banks will allow you to have as little as 5% into a home purchase, but will then only loan you 80%. The seller can take payments on a second mortgage from you for the other 15%.

7. State housing programs. Almost all states have some sort of financing help in the form of a loan-guarantee program or outright loans for low-income buyers.

8. Family loans. It may not be out of charity that a brother or a friend lends you the money to buy a home. A 7% return might look awfully good if their money is sitting in the bank at 2%.

9. Manufacturer loans. Some manufactured-home companies are arranging financing with 5% or less down for their buyers. They must feel their money is secure, since a good modular on a piece of property is nothing like a mobile home on a rental lot.

10. Credit cards. This is a risky one, but if you have a low-interest credit card, you can use it to come up with the down-payment, especially if you can pay it off soon with a coming tax refund, for example. Banks generally won’t allow this, but you can combine this with seller financing.

Are there more ways to approach real estate financing? You bet. This was just to get you thinking.

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Getting your Home ready to Sell

July 3, 2012 By

If you’re like most people, your home is one of, if not THE largest investment you’ll ever make and maintaining it is key to protecting its value. With Summer upon us, there’s no better time to put a little sweat equity into your hom

e!

Home for Sale

This list is a great start to getting your home in great shape, now, and when you’re ready to sell!

  • Remove and donate unwanted items, reorganize and clean closets, attic, basement and garage
  • Power wash exterior walls, porch floors, deck, patio, driveway and sidewalks
  • Clean outdoor furniture, umbrellas and outdoor light fixtures
  • Clean out gutters
  • Clean out refrigerator and freezer, making sure to vacuum the grill and coil
  • Remove lint from the hose attached to back of clothes dryer
  • Vacuum baseboards, walls and ceilings, wipe down walls
  • Steam clean carpets and area rugs and upholstery
  • Reseal natural stone surfaces (travertine, etc)
  • Reseal and repair grout in bathtubs and showers
  • Clean window treatments, dust and clean blinds and shutters
  • Remove items from all shelves, dust and clean
  • Oil hinges

If

you need help with any of these projects, give me a call and I’ll be happy to provide you with a great list of people to call!

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HOA 101

June 17, 2012 By

HOA 101 – Understanding your Home Owners Association

Are you currently considering a home that requires you to become a member of their Homeowners Association? As a member of your neighborhood’s HOA, you are obligated to pay fees

to support management and maintenance. There are obvious pros and cons to living in a neighborhood with an HOA. Here is a short breakdown.

Pros to an HOA
- May maintain and pay for the upkeep of certain community amenities, including tennis courts, pools, neighborhood parks, golf courses and playgrounds.
- Helps to Preserve Property Values. Some HOAs may exercise some standards for how the outside of a home should look, including driveways, keeping garage doors closed, or limiting signs in yards. These standards are meant to keep the neighborhood looking good to keep everyone’s home prices up while luring more buyers to the community.
- May mediate disputes between residents. Should there be any animosity towards neighbors, the HOA can step in as an objective third-party and make a decision for both parties.

Cons to an HOA
- Will add extra cost to your monthly payments. HOA fees vary from community to community and it’s important to add the fee to your monthly mortgage payment so that you can fit it into your overall budget. HOAs are not tax deductible.
- Can sometimes feel like “Big Brother” is watching over you making sure your grass is mowed, landscaping is kept up and has appropriate flowers and

have to have a qualified breed of dog.
- May ask to screen and approve another occupant of your home if you decide to rent your home to outside individuals putting the renter’s move-in time on hold.
- Can raise the dues at any time for any number of reasons, such as assessments, lawsuits, cost of living, or simply because other homeowners aren’t paying. This isn’t common; however, it is a possibility to consider.
- Can evict you or foreclose on your home if you do not pay the dues on time and accumulate back fees and additional fines. These HOA liens are not extinguished in a foreclosure and short sale and will follow you wherever you go. So if you or someone you know is in a distressed situation, they need to stay current on their HOA dues in order to avoid litigation, penalties, and interest (or all of the above).

If you are considering buying a home with a HOA, ask to get a copy of the rules, regulations, and bylaws before you sign the purchase agreement, or make your offer contingent upon your receipt and acceptance of the rules. When managed well, an HOA can offer homeowners amenities that are well worth the dues – and is absolutely worth looking into if you’re in the market for a home.

What are your feelings on HOAs? Have you had positive or negative experiences with them? HOAs are more common in areas of Gilbert and Chandler than they are in Mesa, so sometimes they just come as a by-product of the area you are looking for a new home in. Call me if you have any real estate questions, I’d love to earn your business!

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How Earnest Money Works

June 8, 2012 By

You include earnest money with an offer on a house to show the seller that you are serious about purchasing the house. It becomes part of the down payment if the offer is accepted, is returned if the offer is rejected, or is forfeite

d if you pull out of the deal for reasons other than those stipulated in the offer. A financing contingency is an example of the latter – if your offer was contingent on getting a loan, and you can’t, you can cancel the contract and get your earnest money deposit back.

How Much Earnest Money?

The size of the earnest money deposit is up to you. Real estate agents will sometimes outright lie, and tell you it is this or that amount, or this or that percentage of the offering price. In reality, you can write the offer with a one dollar deposit if you wish, and agent still has to present the offer.

Naturally, an offer with one dollar of earnest money may not be taken seriously, and the agent may even persuade the seller to reject your offer. It is a good idea to ask what the local norm is. We just bought a house in Mesa, and the agent told us that a $1,000 deposit was normal. Had he said $5,000 was normal, however, I still would have given a deposit of just $1,000. That is enough to be serious in my mind.

You can also do a two-part deposit. You can make an offer with just $100 in earnest money, for example, but specify in the offer that this will be increased to $2,000 once the offer is accepted, or once when an inspection, appraisal or other contingency is met. This keeps your money from being tied up until you know that the seller is serious about selling to you. This will usually still be seen as a serious offer if the deposit is to be seriously increased at some point.

Who Gets The Earnest Money Deposit?

Never give your earnest money check to the seller. The last thing you want is a seller trying to keep your money after you pull out of a deal because of financing problems, termite infestations or other valid contingencies in your offer. If the real estate office handling the sale has an escrow account, it should be safe to make the check out to the broker. Otherwise, use a title company or other escrow account, but in any case, always give your deposit to a third party to hold.

Ask how they handle it too. I once had an offer rejected, and then had to wait a week to get my money back. They told me that they had to wait for my check to clear before they could issue a check back to me. I prefer it when it is handled like it was on our recent home purchase. They just hold the check until the offer is accepted, and return or destroy it if the offer is

rejected.

How To Protect Yourself

Things can happen, right? If you pull out of the deal for some unforeseen reason – one not included in the contract – you’ll lose your deposit. However, the seller could

also sue you for additional damages or even force you to buy the home. To protect yourself, have a clause in the offer that specifies the earnest money as “liquidated damages” if you are in default. The real estate agent can help with the language, but this basically means that if you need to default on the contract, the seller can’t ask for more than what you have already included as earnest money.

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