Art Grace’s ways to win multiple contracts:
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Write a perfect contract – it reflects your professionalism. Put in all details for listing agent on page 10 of contract, dot the i’s and cross the T’s.
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Be aware of appraisal train wreck ahead
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Don’t write in “As-is” contract – home inspection for informational purposes only.
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Read the bank addendum and see if the addendum says you have the right to inspect, or does it allow you to have a home inspection opportunity?
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Reasonable price is paramount to the bank – don’t make ridiculously high offers – especially with FHA loans or a price you know won’t appraise
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Submit comparables that will help your offer and appraisal through when you come in high
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Ask for a repair credit and any balance will be returned to the seller prior to closing – not all banks will approve
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Fannie Mae will not allow any repairs prior to closing and you cannot obtainFHA financing unless it’s a 203K loan program
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Have a licensed contractor or home inspector preview property prior to submitting offer – relieves obligation of home inspection contingency
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Human element of buyers does not impact the sale as much as it does with arms length transactions
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Don’t make multiple contacts to listing agent – don’t be threatening or confrontational or overbearing. Listing agent doesn’t hound their asset manager so don’t hassle them.
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Email is typically the best way to communicate with listing agents
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Scratch through paragraph 13 on contract removing the right to change financing.
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Highest and best is still critical – Competence of agent, title, mortgage company in addition to big deposit, quick closing, waving inspections, etc.
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Write on bank addendums or refer to your client’s addendum on their addendum unless it’s Fannie Mae – they don’t allow you to alter their addendum
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Watch out for anti-flipping rules in Freddie/Fannie addendum
Short sales
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Problem #1 – there are too many processes – virtually a process for every agent
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Ask the listing agent how they are going to handle the process
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Don’t avoid them – they are everywhere and you can make a lot of money doing them
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Write into the contract that the seller will only ratify and send one offer to the bank for approval
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Get written evidence of rejection if seller is truly denied
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It is not possible for the seller to provide a release of recordable lien in recordable from at the time of settlement-lender always has 90 days – not a “real” clause so strike the sentence in the addendum
Seller side:
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Get seller in touch with attorney to discuss short sale versus foreclosure and ramifications of bankruptcy
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Avoid tax consequences by utilizing tax relief act that is in effect until 2012 if it is your principal residence – insolvency exemption as well to relieve tax obligation due to debt relief. Always have seller consult with tax advisor and attorney first – insolvency exemption can allow investors to sell under a short sale situation
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Most success in short sales comes when sellers deals with lender directly – agents second – short sale negotiator 3rd (fees can be too high)
All in all, maintain your professionalism and communication with all parties involved in order to ensure a fair shot for your clients.