Nolo's Essential Guide to Buying Your First Home (21 page)

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Authors: Ilona Bray,Alayna Schroeder,Marcia Stewart

Tags: #Law, #Business & Economics, #House buying, #Property, #Real Estate

BOOK: Nolo's Essential Guide to Buying Your First Home
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Using an Agent When Buying a Newly Constructed House
 
When buying a new house from a developer, you can be represented by your own real estate agent. However, the agent usually needs to be with you on your very first visit or the developer won’t allow the agent to collect the commission.
Developers usually have salespeople, paid by and loyal to the developer, who they’d prefer to have you use for the tasks your agent would normally handle, such as drawing up written agreements. Of course, these usually favor the developer, for example, limiting the developer’s responsibility for shoddy work or late completion. It’s worth bringing your own agent to advocate on your behalf and help you negotiate a fair deal.
However, if you’re represented by an outside agent, the developer may, as a way of recouping part of the commission (particularly in a hot market), be less flexible about price or less willing to give special incentives or upgrades.
 
TIP
 
Consider adding an attorney-review contingency to your contract.
If bringing your own real estate agent appears unnecessary or impossible, at least insist that an attorney review your agreement. You can make this a condition of the sale (a “contingency”), as discussed in Chapter 10.
 
Getting the Best Agent Out There
 
It’s worth putting some effort into finding an experienced buyer’s agent with whom you’ll enjoy working. You could just walk into any real estate agency, but you’d probably end up with whoever had time to spare. Instead, start by getting recommendations from family members, friends, colleagues, or neighbors who’ve bought homes—particularly in the neighborhoods you’re interested in.
If you come up dry, check out the NAR website at
www.realtor.com
, and enter your city and state under “Always use a Realtor®.” Your state association may also provide similar information. But keep in mind that this is a membership listing based on location and doesn’t distinguish between good and bad agents.
 
CHECK IT OUT
 
Check their license.
To make sure a prospective agent is currently licensed in your state, visit
www.arello.com
, by the Association of Real Estate License Law Officials. The site can also link you to relevant laws and regulations.
 
Once you’ve got a few names, choose a few agents to meet in person. Look at the agents’ websites, which may contain their photos and descriptions of their skills, services, or philosophies. You’re looking for an agent who is knowledgeable about the area and the type of house you want to live in, experienced, easily reachable and responsive to your needs, ethical and honest, compatible, and loyal. At the interview, ask concrete questions about the agent’s experience, certifications, and more, and how the agent’s skills will be put to work for you. Also request the names of three references, and (assuming you’re interested in the agent) follow up to make sure they had a positive working relationship.
 
CD ROM
 
For a comprehensive set of questions for both the agent and his or her references:
Use the “Real Estate Agent Interview Questionnaire” and the “Real Estate Agent Reference Questionnaire” in the Homebuyer’s Toolkit on the CD-ROM. Samples of these forms are shown below.
 
 
Got an agent who specialized in our neighborhood.
Craig and Lorena had been looking for an affordable starter house in a much-desired neighborhood for months, with no luck. Lorena explains, “Although our agent specialized in our target neighborhood—she lived there—there just weren’t many houses we liked at a price we could afford. We’d just about given up when she called us. A neighbor of hers was getting ready to sell and was willing to let us have first peek. We loved the place and immediately put in an offer, which was accepted. The place was never even advertised!”
Real Estate Agent Interview Questionnaire
 
Ask potential agents the following questions, as well as anything special to your transaction, like their experience helping buyers looking for fixer-uppers or newly constructed houses.
Name of real estate agent and contact information (phone, email, etc.):
Date of conversation:
1. Do you work full time as a real estate agent?
2. How long have you been in the real estate business?
3. Do you have additional certifications beyond your general real estate license? If so what are they?
4. Will you ever represent me as a dual agent?
5. How many residential real estate transactions have you been a part of in the past year?
6. In how many of those transactions have you represented the buyer?
7. What was the price range of homes you helped clients buy within the last year? What was the average price?
8. Do you specialize in a certain type of property?
9. Do you specialize in a certain geographic area?
10. Do you partner with other agents or use assistants?
11. How will I reach you? Are there days or times you’re unavailable, or do you have any vacations planned?
12. Can you provide at least three names of recent clients who purchased first homes with you, who will serve as references?
 
NOTES:
 
 
Best Answers:
1. Yes.
2. The longer the better, but at least three years.
3. More certifications show a commitment by the agent. A Realtor ABR or ABRM designation indicates that the agent has significant experience working with buyers.
4. Only acceptable answer is “No.”
5. Should be a minimum of ten.
6. Best answer is “all of them,” but should be at least half.
7. Should be about your price range.
8. Should be the type of property you’re interested in, like a single-family house, condo, or co-op.
9. Should be the geographic area where you’re looking to buy.
10. If so, find out who you’ll be working with, what their real estate experience is, and what they’ll be doing.
11. Make sure you can reach the agent when you need to. If you plan to buy soon, make sure the agent will be readily available (not on vacation).
12. Only acceptable answer is “Yes.”
 
Real Estate Agent Reference Questionnaire
 
Here’s what to ask the agent’s referrals. You can add any other questions that interest you, such as special issues if you’re buying a new house in a development.
Name of real estate agent:
Name of reference:
Date:
1. How did you choose the agent? Did you know the agent before you worked together?
2. What kind of house did you buy?
3. Was the agent responsive? Did the agent return calls promptly, follow through on promises, and meet deadlines?
4. Did the agent take the time to find you the right property?
5. How long did you look?
6. How many houses did you look at before you bought?
7. Did the agent show you houses in your price range?
8. Are you happy with the house you bought, and the neighborhood it’s in?
9. Did the agent help you coordinate other details of your purchase, like finding financing and working with the title company, inspectors, or insurance agents?
10. Did the agent keep you up to date, and explain everything in terms you understood?
11. Would you work with the agent again?
 
OTHER COMMENTS:
 
TIP
 
Don’t spill your beans.
Wait to tell the agent your own objectives (where you want to live, how much you want to spend, and what type of property you’re looking for) until your questions have been answered. You don’t want the agent to feed you the answers you want to hear.
 
If It Doesn’t Work Out: Firing an Agent
 
One common misconception is that once you’ve chosen an agent, you can’t fire that person. Whether you can extricate yourself from the relationship (and what it will cost you to do so) will probably be determined by the terms of your agreement. So try to insert a clause at the outset allowing you to release the agent with sufficient notice (usually, about 48 hours) if things aren’t working out.
Even if you haven’t done this, if an agent isn’t showing you appropriate properties, or isn’t responding to your calls or inquiries, or you just don’t like working with that person, you may want to move on. Of course, if the problem can be resolved by a simple conversation, it’s wiser to try that first. But if that’s fruitless and the agent isn’t willing to walk away, you may need to discuss the issue with the managing broker (the agent’s boss).
If you decide to end a working relationship, do it
before
you find a house you want to buy. It would be totally unethical—and risk a lawsuit—to try to get out of the relationship just to avoid letting the agent claim the commission.
 

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