- Exclusive Buyer Agency
- Smart Home Buying
- Predatory Lenders
- Alysse Musgrave
- The Truth About Realtors
- Big Mistakes Buyers Make
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Exclusive Buyer Agent (EBAs) work solely for buyers, avoiding the conflicts of interest inherent in the traditional seller-oriented purchase transactions. This unique relationship of committed trust and care assures buyers the best possible home buying experience. For those who have used an EBA, they know it’s a win-win situation. In this market, more so than ever before, it’s in your best interest to use an EBA.
- exclusive buyer agents
EBAs represent buyers 100% of the time, and they work for companies(like HelpUBuy America)that never take listings or represent sellers. There is never a conflict of interest that will jeopardize your negotiating position. Exclusive Buyer's Agency is a specialty and it can be hard to find an EBA in some areas. Hiring an Exclusive Buyer Agent is the equivalent of getting a divorce and hiring a lawyer to represent you and only you; your spouse hires a lawyer from a completely different law firm. This is as it should be. - buyer agents
Buyer's agents work for companies that represent both buyers and sellers (Re/Max, Keller Williams, Ebby, C21, etc.). There are incentives and pressure for these agents to try to sell in-house listings, so they really aren't working for the buyer, even if they claim otherwise. Hiring a buyer's agent to represent you is the equivalent of getting a divorce and both the husband and the wife hire lawyers from the same firm. Not smart. - dual
agents & intermediaRIESA dual agent is one that works for the buyer and the seller in the same transaction. Dual agency isn't legal in Texas. Should a Texas Realtor wish to sell a Seller/Clients house to one of their Buyer/Clients, they use a third party in their office to handle negotiations for one of the parties. 99% of Realtors work for both buyers and sellers. If one of their seller/clients owns a home that one of their buyer/clients might like, where will their loyalties lie. This is the equivalent of a divorcing husband and wife hiring the same attorney. Just crazy.
The buyer assumes all of the risk in a real estate transaction. The seller walks away from the house and hopefully some equity. . The buyer pays for inspections, appraisals, and mortgage fees, and ends up with the house and a mortgage. IT MATTERS WHO REPRESENTS YOU.
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At
best, buying a home is a complicated
process. At worst, it
can be an emotional and financial
nightmare. Not only
do you have to find the right house, you
have to verify its condition, negotiate
a good price and favorable terms, pay
for it, take title, and move in.
Here are some things to think
about during the process:
Budget
- .How much can you comfortably afford and
still have enough money to keep the
lights on, fund your retirement, and put
your kids through college?
- .Is
the figure above based on one income or
two?
- .What will happen if either you or your
spouse loses their job?
- .Is
the home you want available in your
price range? How much more will
you have to spend to get everything you
want?
- .What are the right compromises to make?
-
Neighborhood
- .Is the
home you like in an area where home
values are appreciating or depreciating?
- .Are
there good schools in the area?
- .How is
crime in the area?
- .Are the
homes in the area owner occupied or
tenant occupied?
- .How
does the house fit into the
neighborhood?
- .Is it
over-improved?
- .Is it a
smaller home surrounded by larger homes
or vice versa?
- .Can the
neighborhood support any improvements
you make to the property?
- .Would
lots of people like to live in that
neighborhood or did you fall in love
with a nice house in an undesirable
neighborhood?
Property
Condition
.Have you received and reviewed all the relevant disclosures relating to the property?
.
.
.Is there a warranty that is transferable?
.How will a foundation repair affect the future value of the home?
.
.Is it a solid home built to last or is it a ‘pig wearing lipstick’?
.Can many different types of families live there?
.Is there a lot of wasted space?
.
.
.
.What repairs has the seller made? If the home needs a new roof, for example, does the homeowner have the cash or equity in the home to make the repair if the insurance company rejects the claim?
Price
.Have you received and reviewed a CMA?
.Is the home priced too high? Too low?
.
.
.Is this home in line with those trends?
.If it’s priced higher than the market, why?
.If it’s priced lower than the market, why?
.
.What is the TAV? Too high?
Negotiations
.Why is the home being sold?
.
.
.
.
.How much do you like this home?
.
.
.Do you have a lock that is going to expire?
.
.Is their loan assumable with qualifying?
.
.How much equity do they have in the home?
.
.Should you get a home warranty?
Sales Contract
.Who writes the sales contract?
.
.Do I need a lawyer?
.What contingencies do I need?
Repairs
.What repairs may your lender require?
.
.Is the house insurable?
.
.
.
.
.
.
.
Financing
.Should you use a bank or a Agent?
.
.
.What is the best loan for me?
.How do loans compare in upfront cost? Long term cost? Closing costs?
.Can my lender deliver what they promise?
.Will they deliver or bait and switch at the last minute?
.What do you do if your lender fails to perform?
.
.
.What about your option fee?
.What lender docs do I need to review in advance?
.
.What if the house doesn’t appraise?
Closing
.Which title company should be used?
.Do you need a title policy and who pays for it?
.Do you need a lawyer to review my loan docs?
.Do you need a lawyer to attend closing?
.What if my loan isn’t ready on time?
.What if the sale of your current house (if you own one) falls through?
.
.Is there a survey you can use or do you need a new one? What if the current survey is rejected by the title company?
.What if there are liens against the property?
.What if title contingencies can’t be cleared?
Taking possession
.When do you get the keys?
.
.
.
.How do I take care of the house?
.
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I started talking about predatory
lending and improper home buying
practices over 15 years ago.
Needless to say, I was not popular with
the unscrupulous loan officers, and even
new loan officers who hadn't yet learned
how the system worked. I received
a lot of hate mail and even anonymous
threats from mortgage 'professionals'
who didn't want their secrets revealed.
We spend a lot of time
educating our buyers before we every
really talk seriously about buying.
The following pages are going to
'give it to you in a nutshell'.
Education is vital if we are going
to eliminate predatory lending
practices. Let's get started. |
|
|
Some Definitions
Mortgage brokers hire loan
officers to sell loans to consumers.
Mortgage brokers have accounts with
wholesale lenders, who are the
actual source of funds. Each day, the wholesale
lenders will provide the mortgage
brokers (and all their loan
officers) with wholesale rate
sheets. The mortgage broker
decides how much profit he/she wants
to make on each loan and creates a
retail rate sheet. The loan
officers sell from the retail rate
sheet. The difference between the
wholesale rate and the retail rate
AND closing fees make up the
lender's profit margin. |
How Mortgage Brokers/Lenders
Make Money
Mortgage brokers
make money several different ways.
They can manipulate these potential profit
avenues all day long to come up with their
desired profit
Closing
costs - This includes
fees for applications, credit reports,
appraisals, processing, underwriting,
document preparation, etc. These fees
are sometimes referred to as "junk
fees".
Origination fees -
Origination fees are usually 1% of the
loan amount. This is simply a fee the
broker charges for writing the loan.
Discount
points - points are
prepaid interest. They are usually only
charged when you want an interest rate
that is below market rates. Discount
points are expressed as a percentage of
the loan amount - 1 point is equal to 1%
of the loan amount, 3 points is equal to
3% of the loan amount, etc. Example:
If you are quoted an interest rate of
7.25% with 0 points but you have your
heart set on a interest rate of 7%, you
could pay 1 point and buy the interest
rate down to this amount.
Yield
Spread Premiums -
YSPs are rebates paid by wholesale
lenders to mortgage brokers for writing
loans that are above "par" or market
interest rates. If the 'par' rate is 8%
but your mortgage broker can get you to
pay 8.5%, the wholesale lender will pay
your broker an extra commission called a
YSP. YSPs can help consumers who are
short on cash - they can pay a higher
interest rate and have their mortgage
broker pay some of their closing costs.
But mortgage brokers make A LOT of money
with YSPs without the consumer's
knowledge (until the day of closing) or
consent. More on this later.
How You Can Get Ripped Off
Now let's talk about how you can get ripped off. It is tragically simple to rip off an uneducated consumer.
Closing costs
- some closing costs are legitimate fees for
services performed by a third party.
Your credit report and appraisal are
examples of legitimate fees - some of these
fees are collected up front.
Some legitimate fees like fees for
processing are collected at closing.
Are all other fees junk fees? It is
impossible to say. There are an
endless number of ways that predatory
lenders can manipulate closing costs.
They can waive most of your closing costs
and charge you a higher interest rate (you
still pay, of course, just not up front).
They can charge you for services that are
never performed. They can charge you
$400 for an appraisal that costs $250.
Origination Fee
- There are legitimate costs associated with
loan origination and your lender is entitled
to make a fair profit. To charge a 1%
origination is fine, BUT to charge a 1%
origination fee in conjunction with inflated
or fabricated closing costs and premium
interest rates could be considered
excessive.
Discount
points - Points paid for
their stated purpose - to reduce the
consumer's interest rate are fine.
BUT, a dishonest lender can quote you a
certain rate at the time of loan application
and produce something quite different at the
closing table. For example, you may be
told that because of a past credit problem
you don't qualify for the best rate.
You are 'forced' to either buy down the
interest rate by paying additional discount
points, or you agree to a higher rate, in
which case the broker receives a rebate in
the form of a Yield Spread Premium.
- Yield
Spread Premiums - If
your loan officer can get you to pay a
higher than market interest rate, they
get a 'rebate' called a Yield Spread
Premium. Here's what happens. You agree
to a 30-year loan at 6.5%. Since
interest rates change daily, your loan
officer won't lock in your interest rate
right away. They will 'float' your loan
until there is a little dip in rates and
then they will lock in your loan - let's
say at 6.25%. Since your loan officer
has you committed to pay 6.5%, he/she
will get an extra commission for selling
you a loan at a higher than market
interest rate. These commissions are
often in the multiple thousands! An
upfront and ethical loan officer would
have rebated YOU the YSP or given
you the 6.25% interest rate. Since the
lender is not required to disclose this
extra profit to you until closing, you
are none the wiser until it is too late
to do anything about it. YSPs provide a
useful option to some borrowers. For
those with little cash, YSPs make
no-cost mortgages possible, on which
settlement costs are paid by the
lender. For those who expect to be in
their house only a few years, YSPs
permit a favorable exchange of higher
rate for lower fees. BUT, in the hands
of unscrupulous lenders, they can cost
the borrow thousands and thousands of
dollars.
How Can All This Happen?
Easily,
unfortunately. Mortgage brokers are
regulated by RESPA and the Texas Savings and
Loan Department, it's just tough to enforce
the rules. For example, RESPA requires
that mortgage brokers disclosure their costs
shortly after loan application in the form
of a Good Faith Estimate and a
Truth-In-Lending document. The problem
is, there is no requirement to actually
DELIVER what they promised. Consumer
education is vital.
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Alysse is the founder and owner of
HelpUBuy America. She has been working
exclusively with home buyers since 1995.
Although she has always represented
buyers of real estate, she initially
concentrated her efforts on real estate
investors. Once she realized the
intrinsic rewards associated with
helping others find their dream home
while simultaneously protecting their
rights and saving them time and money,
Alysse "made the switch" and now works
almost exclusively with owner occupants.
Alysse works with all types of buyers,
from first time home buyers to high-end
buyers, to the bottom line conscious
investor. She has assisted buyers in
purchasing single family homes,
townhomes, foreclosures, commercial
property, for sale by owners, and in
building new homes.
You can count on Alysse to give you
good, solid advice! If you're looking to
buy a home in the Dallas area, Alysse
will share her expertise and market
knowledge in an honest and
straightforward manner - even if it's
not very encouraging regarding a home
you think you may want to buy!
The person you choose to represent you
is the primary factor in determining the
level of success and satisfaction with
your home purchase. Alysse is proud of
her track record of saving her clients
thousands of dollars. See what she can
do for you!
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Americans rate Realtors as one of the
least respected professional in the country.
Realtors fell not only to the bottom of the
list, but even below non-licensed,
non-governed professions. Why?
Prior to the
mid-1990s, there was no such thing as buyer
representation. Old school Realtors
were strictly salespeople and worked only
for the Seller; they were handsomely
rewarded for ruthless sales tactics.
After one too many lawsuits, real estate
agents became governed by the same body of
law that governs attorneys. The Law of
Agency states that a Realtor is required by
law to put your interests above their own.
Buyer Agency was born and there was finally
a level playing field for buyers and
sellers.
But, let’s be
honest. There is another reason people
don’t like real estate agents. We can
be really obnoxious. As in industry, we do
obnoxious things to try to gain a
competitive edge over the agent in the next
office, like putting our photos on business
cards, signs, and grocery carts. We
brag about ‘millions sold’ and add a bunch
of letters to our title that don’t mean
anything to anyone but us. And have
you ever met a real estate agent at a
cocktail party? Could you get away
fast enough? Me neither.
Actually, I’ve has been poking fun at the
industry for years. My photo was that
of a monkey, and my slogan was “Don’t Let
Them Make a Monkey Out of You”.
Becoming an Exclusive Buyer Agent was one
way to distance myself from other Realtors
and an industry that I found to be
unappetizing. So, having said
all that, here are some truths and insights
into the real estate business and Realtors
in general.
Far less than half of all Realtors are “career agents”.
A career agent earns a full-time living helping people buy and sell homes. They have an established business and systems in place that allow them to work a standard 40-hour week, not the 80-hours a week that you hear agents talking about. They aren’t one of 50 agents chasing a listing because their business comes to them. If a seller has unrealistic expectations, they turn down the listing. If a buyer won’t provide a pre-qualification letter, they won’t work with them. They are pros.
Then there are other agents. Some are hoping to be career agents and are off to a good start; less than half of those will make it past the first year. Some are sick of their 9-5 job and thought they’d try to break into real estate part-time and hope that they’ll be able to quit their job in the future. Others were laid off recently and thought they’d give real estate a shot while they are on unemployment. The rest might be empty nesters, investors who want to save the commission, or people who got their license 30 years ago when it was easier and didn’t want to give it up ‘just in case’. A good Realtor is worth their weight in gold and will save you lots of time and lots of money. And if you just want to be entertained and driven around to look at houses, there are plenty of agents who will agree to do it. But they aren't career agents. And it goes without saying that what you want is a career agent.
Realtors are not overpaid.
It’s about risk/reward and it’s not a new concept. Seller’s agents have to pay to photograph, video tape, and advertise a client’s home for months, sometimes, to sell the house. Buyer’s agents show 10, 20, sometimes 50+ homes to a buyer before they make a decision. We risk our own personal safety by putting strangers in our car and taking them to empty houses. And in the end, we’re not guaranteed a paycheck. Our reward is our sometimes large paycheck, and that we can pick our kids up from school if we’d like. Sometimes we work for dirt, and sometimes we work for diamonds.
Realtors do have high ethical standards.
Ok, maybe a
few don’t. But even those that don’t
are so highly regulated and monitored by the
Texas Real Estate Commission and their
brokers that it’s hard to get away with
taking advantage of a client. Most
ethics violations I see involve agents
sharing information about their clients that
they shouldn’t. And most of the time
it happens innocently. Two agents are
in a weekly sales meeting chatting about
what and who they are working with, and one
lets it slip that his client MUST find a
buyer by the end of the month. A few
days later, the other agent has a buyer for
the house and has the advantage of knowing
that the seller is motivated. The
seller’s agent has inadvertently cost his
client money, and the buyer now has a
competitive edge. As a buyer,
you don’t want your agent to tell all the
seller’s agents how much you can afford to
pay. These innocent slips of the
tongue cost you money. This is another
reason why you need to buy through an
Exclusive Buyer’s Agent.
You don’t learn about buying real estate in real estate school.
Most agents, I believe, would
say that it took about 10 transactions
before they really felt comfortable with
what they were doing. New agents have
their brokers guide them through it all
until they are ready to handle it alone.
Still, there are thousands of variables and
each transaction is different. Buyers
are naïve (read “out of their minds”) if
they think they can manage it all because
they read Homebuying for Dummies.
Realtors won't try to get you the best price.
The difference between $300,000 and $310,000 is about $150 to an agent. Agent don't pay any attention to the commission difference of a $10,000 spread.
Seller's agents love yard signs.
One of the benefits of working with
Sellers is that the seller's agent can keep
their sign in the seller’s yard until
closing (or until the seller makes then take
it down). Since most
closings take 30 days, that’s 30 days of
buyer leads generated for the listing agent
who will tell you when you call that the
house is sold, but they can show you others.
Seller's agents don't like to show you their listings and learn later that you want buyer representation.
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In their limited experience, home buyers
make mistakes that can cost them time,
money, and even cause their loan to be
denied. Learn from the mistakes of
others and avoid the following:
-Don’t apply for any
credit between the time you’ve applied for
your loan and closing. Don’t buy a
car, furniture, or get a new credit card.
-Don’t keep your down payment money in a place where the funds can’t be verified, like a safety deposit box.
-It’s smart to be selective about whom you
choose to represent you to buy a house.
After you’ve made your choice, it’s dumb to
insult your agent by accusing them of trying
to sell you a higher priced home or of
taking a kick back from a mortgage company,
title company, or inspector. RESPA
prohibits kickbacks and no decent career
agent is going to risk their license for a
couple hundred dollars or a Starbucks gift
card. If you aren’t sure that you can
trust your agent to work on your behalf,
don’t hire them in the first place
-Don’t fail to read your loan documents and
your purchase contract. Ask questions
if you don’t understand the terms.
It’s ultimately your responsibility to
ensure you know and understand the terms of
your loan. New lender regulations have
made everything transparent. The only
way you won't know what you are getting into
is if you don’t read the docs.
-Check your credit and get pre-approved
BEFORE you start shopping for a home.
If there are any question marks about your
qualifications, resolve those issues first,
then shop.
-Don’t buy with your heart and not your
head. Don’t fall in love with anything
until the house checks out.
