Posts in category: Uncategorized

Whether you are buying or selling a property, choosing a real estate agent may be the most important decision you make. Good real estate agents can save you a substantial amount of time and money. They can also ensure that the buying or selling process is an enjoyable and memorable experience. Here are some tips for choosing a real estate agent:

1. Ask Friends/Family for Referrals
Ask family and friends for their advice on local agents. This way you will be sure to find an agent with a good reputation.

2. Consider More than One Agency
There is an array of agents that will kill for your business. That is why you should interview as many agents as you can. Compare agents with regard to their knowledge of the area, experience and qualifications. Also, ask for references from previous clients.

3. Choose an Agent that Knows the Importance of Customer Care
While interviewing different agents you will be able to establish their level of customer care or how far they will go to satisfy the customer. Look at things like their attitude towards returning phone calls and their willingness to meet with you.

4. Choose an Agent that Handles Homes in Your Price Range
When you opt for an agent that deals with homes in your price range, you will be sure to end up with an agent that will give his or her best effort. Some agents deal only with high-end properties and are used to high commissions. They are more likely to attend to these properties first.

5. Choose an Agent that Respects Your Time Schedule
If you will not be able to view properties during office hours, you need to find an agent that is willing to do business after hours or over weekends.

6. Look for an Agent that You Can Communicate With
Communication is vital when buying or selling real estate. Make sure that you choose an agent that understands your needs and that communicates them well. You will be best off if you choose and agent that registers a high level of comfort with you or with whom you are compatible with.

7. Choose an Agent that Provides Multiple Services
It will be a bonus if you can find an agent that can handle the buying/selling process as well as other additional services like arranging property inspections or who can refer you to a trustworthy real estate attorney.

8. Choose an Agent That Can Negotiate
Negotiating skills is an essential quality of a good real estate agent. Make sure you choose and agent with impeccable and proven negotiating skills.

9. Choose an Agent with Lots of Resources
Ask agents where your property will be advertised. Make sure that the agency uses print advertising (newspaper/magazines) as well as other promotional material such as brochures. Also check if the agency makes use of the Internet for advertising their listings.

10. Follow Your Instinct
Choose an agent that makes you feel comfortable and whom you trust. You level of comfort and satisfaction will let you know if you’ve met the right agent.

In the United States, there are well – over, one – million, licensed real estate professionals, although, only a relatively, small percentage of them, are responsible for, the vast – majority, of closed – transactions. Therefore, whether, you seek to sell you home, or are a potential, qualified buyer, it is wise, to carefully, choose, your agent, based on, your personal, best – interests, and, after interviewing them, feeling, they have the combination of attitude, aptitude, skills, persistence, professionalism, and expertise, to serve your needs, goals, and priorities! After, over 15 years, as a Real Estate Licensed Salesperson, in the State of New York, I strongly, believe, these 6 things, you must demand, of the individual, you hire. With that in mind, this article will attempt to, briefly, consider, examine, review, and discuss, what this means, and represents, and, why it matters.

1. Integrity: The real estate professional, you choose, must, consistently, exhibit, absolute integrity! To serve and represent you, you need, and deserve, someone, you feel confident, you can, consistently, trust, in good – times, or less!

2. Allegiance: Nearly every state, as well as Realtor Board’s, include a Code Of Ethics, regarding, the conduct, required by a realtor, to his clients, and customers, etc! One of the key components is, owing a client, complete allegiance, and protecting their privacy, etc. Your chosen professional must put – you – first, consistently, and never provide, any information, which might harm or compromise, your interest (however, that does not mean, violating the law, and/ or, providing any material misstatements!)

3. Tell what they need to know: My service – marked, slogan, is, I will always tell you what you need to know, not, just, what you want to hear. You need, and deserve, someone, who will inform you, in a realistic manner, rather than, wearing, rose – colored, glasses!

4. Prepare a client: Agents owe their clients, a readiness, and willingness, to thoroughly, consistently, prepare them, for potential, possibilities, in order to make this process, as stress – free, as possible! When one prepares his clients, properly, the transaction period, becomes, an easier one!

5. Negotiating expertise: One of the reasons, to hire, a specific agent, is their degree of negotiating expertise, in order to achieve the best price, in the shortest period of time, with a minimum of hassle! This requires the individual, to thoroughly, understand, and know the local, real estate market, etc.

6, Handling details: The transaction period, is, often, full of challenges, and requires, handling the details, effectively, and efficiently, on a consistent basis!

Since, for most, the value, of their house, is their single – biggest, financial asset, doesn’t it make sense, to do, whatever, possible, to ensure, you protect it, and make the best decisions, and take the smartest actions! Consider these 6 things, when you hire your real estate agent!

Heck of a year, to say the least. In the interest in brevity, let me keep it short n’ sweet. Here’s my 2021 predictions.

The Plague
The very obvious question is if there will be a negative impact on real estate because of the Covid-19/Coronavirus. Short answer, Yes. Long answer, Yes again. This especially so in the shopping center retail space. Restaurants are dependent on the residual income of an affluent society. America is an affluent society. The per capita for nearly every societal accoutrement is off the charts. The overabundance of restaurants, gyms, spas, grocery stores, and even tire repair shops pale in comparison to other societies, and even Western Democracies. Ergo, America has suddenly realized it doesn’t need as many restaurants as it thinks it needs, when you consider eating at home is more economically sane – in a time of uncertainty.

My informational sources, such as quarterly reports from Deloitte & Touché and the CCIM (Certified Commercial Investment Managers), all indicate that office space (for very obvious reasons), retail, multi-family are in for a rough patch the next 18 months to mid-2022. But for industrial and warehouse space, life is exceptional great. The need to stockpile resources and provisions for consumers is fairly apparent.

On a miscellaneous note, home sales – which is not connected to commercial real estate, but is residential real estate, is doing exceptionally well. This robust disposition is a result of many Americans with abundant resources (and job stability), that enables the purchase of homes and/or an upgraded home. This is also part-and-parcel in a fear of raising interest rates; the need for ownership, personal space and solitude; and likely a bunker mentality – wherein existentially some fear that hordes of people will desperately roam for food in a Dawn of the Dead fake realism (and from the overload of cable news) – but superficially there is no threat, but only in one’s own psyche. It’s important to keep in mind, that despite the chaos, the unemployment rate is still only 6.7% as of November 2020.

Interest Rates
As I correctly predicted last year, rates hit a new low, spurring an increase in market activity. Based on the economists’ predictions I’ve read for 2021 – because there is some dissension within their mindsets, interest rates will fluctuate back and forth, but should be about a fifth of a point lower then where they were at year end 2020. That calculates to about 2.90% for the 30 year fixed rate.

Sellers’ Market
In most localities in the US, it will be a Sellers’ market, which has an inverse relationship with demand. Meaning, when you have higher buyer demand, it will result in an increase in house prices, which will result in a Sellers’ market.

Broker Productivity
This revelation is actually dear and near to my heart, given I was previously a commercial real estate broker dating back twenty years ago before I started to buy homes on my own account. The fusion of technology for residential brokerage has been in the making for a long time and will see a more efficient – perhaps proficient as well, number of brokers emerge as the number of closed transactions is expected to increase in 2021. This is due in part as a result of technology advances. As a contrast, in 2019 the average number of sold homes per residential brokerage was 50.7 homes. In 2021, there is expected to be marked improvement on that number, with in addition the average broker taking less time to close transactions.

At the present time, in the United States, there are more real estate agents, than houses! However, the reality is, all of them, are not, created equal! Since, there’s no – such thing, as a born salesperson/ agent, several factors, and characteristics, differentiate, between individuals! In addition, someone, who may be, great, for someone else, may not be, the one, for you, so, the best path, if you hope to either, purchase, or sell a home, is to thoroughly, interview, potential candidates, and hire, the one, which might best suit, your specific combination of skills, attitude, and other factors, which make you, most comfortable, and satisfied, with your choise! With, that in mind, this article will attempt to, briefly, consider, examine, review, and discuss, 6 key things, which, matter, to many people, and may be significant, for you, as – well.

1. Listens to you, to learn, and understand, your needs, goals, priorities, and perceptions, etc: When you interview, observe, whether, a specific person, prioritizes, listening to you, and addressing your concerns, and situation, rather than, immediately, speaking, and reciting, how much, he can do for you! There will be, plenty – of – time, to discuss that, but, first, it’s essential, to hire someone, who, puts – you – first!

2. Local knowledge: Each area, region, and locality, is different, in certain ways! Seek someone, with considerable, local knowledge, who, is ready, willing, and able, to fully – explain, to your satisfaction, how those nuances, may impact/ determine, the smartest strategies!

3. Integrity: Unless/ until, you feel, someone, has, consistent, absolute integrity (instead of, merely, when it is convenient), you will, probably, find it, challenging, to feel, truly, comfortable, with that person! Seriously, consider, someone’s quality of character, from the onset!

4. Common sense: Unfortunately, although, many take it, for – granted, common sense, is, often, quite – rare! Have a discussion about a variety of scenarios, and possibilities, to learn, as much, as possible, about, who you hire, before, doing – so! Since, for most, the value of their house, represents, their single – biggest, financial asset, doesn’t that, make sense?

5. Understands pricing: A listing and selling price, may, often, differ, so, be careful, to avoid the temptation, to be, bought – by – a suggested, listing price! Be certain, to select, an agent, who, thoroughly, understands, the nuances, and realities, of the current market’s pricing, and is capable, of explaining, why!

6. Negotiating skill: Just, as, it relates, to any other business – related, skill, real estate professionals, need, a high degree of relevant, developed, negotiating skill, and self – confidence, in this area!

When you choose a person, to represent, you, focus on, a variety of factors, and select the individually, carefully, and thoughtfully/ thoroughly! Be a wiser consumer!

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the ‘Principal’) and a duly licensed real estate firm (the ‘Agent’), whereby the firm stipulates and agrees to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly know at law as an ‘implied covenant of good faith and fair dealings’. This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause each other to suffer damages by either breaking their words or otherwise breach their respective and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the Agent towards the Principal: a duty of confidentiality, which obligates an Agent acting exclusively for a Seller or for a Buyer, or a Dual Agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursuant to a recent decision of the Real Estate Council of British Columbia (http://www.recbc.ca/) , the regulatory body empowered with the mandate to protect the interest of the public in matters involving Real Estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality, which the Real Estate Council found was owing to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property ultimately did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate ‘fee agreements’ with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as ‘Buyer’s Agent’ in these fee agreements. A party commenced a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order pursuant to the Rules Of Court compelling the firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was ‘confidential’ and that the firm had breached a duty of confidentiality owing to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to give under a subpoena or in a process under the Rules Of Court. And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a realtor-client privilege during the existence of a Listing Agreement, whereby confidential information is disclosed to a third party such as a Real Estate Board for publication under the terms of a Multiple Listings Service agreement, but not before such information is disclosed to the real estate brokerage. In this instance the privilege theoretically would protect the confidential communication as well as the underlying information.

And as to whether or not the duty of confidentiality extends past the termination of a Listing Agreement is still a matter of open debate, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in fact extend indefinitely, so that arguably an analogy can be inferred as well respecting the duration of the duty of confidentiality that the Agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, whether the duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the Real Estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor of Brokerage A could not act as a Buyer’s Agent for the purchase of the Seller’s property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this entire matter is clarified perhaps the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent from the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.