tELEphone:  214.734.3863 alysse@HELPUBUYAMERICA.COM 



Alysse Musgrave
Exclusive Buyer's Agent

ABR, GRI, ACRE

 

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 & intermediaRIES
    A 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.


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 foundation problem? 
.
Has the home ever had a foundation repair? 
.Is there a warranty that is transferable? 
.How will a foundation repair affect the future value of the home?
.
How is the quality of the construction? 
.Is it a solid home built to last or is it a ‘pig wearing lipstick’?
 Is the floor plan livable? 
.Can many different types of families live there?
 
.Is there a lot of wasted space?
.
Is it energy efficient?
.
If the home needs updating, can you buy it cheap enough to justify the expense?
.
Is the size and shape of the lot sufficient not only for your purposes, but for future buyers?
.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?
.
Has the home increased or decreased in value over the past several years?
.
What are the trends in the neighborhood? 
.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?
.
How many times has the house changed hands?
.What is the TAV?  Too high?

Negotiations


.Why is the home being sold?
.
When do they need to move and is there any flexibility in that date?
.
Is the seller under financial distress? 
.
Is the home in pre-foreclosure?  A short sale?  Bank owned?
.
Are there any obvious repairs that need to be negotiated in advance of the inspection?
.How much do you like this home? 
.
How many other homes have you seen that suit your needs?
.
How soon do you need to move?
.Do you have a lock that is going to expire?
.
Does the current homeowner have an FHA mortgage to pay off?
.Is their loan assumable with qualifying?
.
How much is the seller’s payoff? 
.How much equity do they have in the home?
.
Who is paying closing costs?  Which ones?
.Should you get a home warranty?  What coverages?

Sales Contract


.Who writes the sales contract?
.
Do the terms of the contract favor the buyer or the seller?
.Do I need a lawyer?
.What contingencies do I need?

Repairs


.What repairs may your lender require?
.
What repairs may your insurance company require? 
.Is the house insurable?
.
When should you ask the seller to make the repair?
.
When should you ask for a repair allowance?
.
What if the seller refuses to make repairs?
.
How do I know if the seller completed the agreed upon repairs?
.
Were the repairs completed by a qualified professional?
.
Are the repairs completed to my satisfaction?
.
What does the CLUE report show?

Financing


.Should you use a bank or a Agent?
.
Is your lender giving you good advice?
.
Is your lender telling you the truth?
.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 do you do if you don’t qualify?
.
How do you get your earnest money back if you don’t qualify? 
.What about your option fee?
.What lender docs do I need to review in advance?
.
Do I need an appraisal? 
.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 the HUD statement accurate?  Are you being overcharged?  Undercharged?
.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?
.
When does the seller move out?
.
What if the seller leaves the house in bad condition?
.
What if the seller refuses to leave?
.How do I take care of the house?
.
Do you need to file for exemptions?

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.   

The process of financing or refinancing a home is complicated.  Most lenders are not going to teach you the tricks of the trade.  What they will do is overwhelm you with information about all the different types of loan programs and all the steps involved with getting approved for a loan.  You never really know if you have a level playing field!

 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.

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!

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.  If you’re serious about buying a home, it’s time to hire an Exclusive Buyer’s Agent.   Buyers waste hours and hours calling of yard signs and scouring the internet for a home, only to find out that the house is under contract or won’t meet their needs.

Seller's agents don't like to show you their listings and learn later that you want buyer representation.

A large brokerage encourages buyers to have the seller's agent show your their listings, and then contact an EBA if you want to make an offer.  We strongly disagree.  We're not about stealing buyers from listing agents, and if they show you the property they deserve to be compensated in thend.  If you haven't yet hired an EBA and you really want to see a house, call the listing agent and be honest with them.   Chances are they will show you the house anyway because it's in their seller's best interest.  BUT, remember that they don't work for you, and that they are required to pass along any information you share with them against you should you decide to buy the house.  Keep your mouth shut.  And better still, if you're are serious about buying a home, hire an Exclusive Buyer Agent.


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.