Thursday, September 4, 2014

MY AGENT SAYS HE WILL BE DOUBLE DIPPING - THAT SOUNDS GROSS

First-time buyer – My agent showed me a house that I like and for which he is the listing agent.  I heard him use the term double-dipping. I know you’re not supposed to do that with chips and dips, but what is that all about in real estate?

Answer - Double dipping at the chips and dip station is a nasty party etiquette faux pas and it can be a nasty real estate practice too, involving not so much etiquette as ethics. Some states have enacted real estate laws and practices to limit the practice or at least to bring full transparency to it. Michigan is what is called a Designated Agency state. That means that we have laws that define the agency role and responsibilities when a Realtor signs a client up to be their listing agent or their buyer agent and it requires a clear definition and agreement with the client about what role the agent is playing.  The cornerstone of the concept of agency is the agent’s fiduciary responsibility to the client.

Curt Vonnegut used to do a commercial for TIAA-CREF, the retirement programs people, in which he had fun with the word fiduciary. It does sound funny. 

From Wikipedia comes this definition of a fiduciary –
A fiduciary is a legal or ethical relationship of trust between two or more parties. Typically, a fiduciary prudently takes care of money for another person.  In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts. A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): such that there must be no conflict of duty between fiduciary and principal, and the fiduciary must not profit from his position as a fiduciary (unless the principal consents). This also goes for Realtor working directly with a local builder. This is also called double dipping and when that Realtor/broker is part owner of new homes being built and sold by the same agent, that's illegal.

So, when a client signs up with a real estate agent to list his house, the agent takes on a fiduciary role with that client. That means that the agent may learn things from the client that the client does not want to others to know, such and how much he’d really sell the place for. The agent is bound by his fiduciary relationship not to disclose that to a buyer. The agent owes his loyalty to the seller.

So what happens when that same agent signs up a buyer couple and starts looking for houses for them. He owes fiduciary loyalty to the buyers and shouldn’t disclose things like how much the buyer is willing to pay to any sellers. So far, so good.

Now, suppose that the agent is sending the buyers listings and they happen to see one of his listings and want to see it. Even worse, they love it and want to put in a bid on it. Where do the agents loyalties lay now? Can that agent serve two masters? Some states allow that to happen and some put some pretty good restrictions on what the agent can do and what level of transparency has to be maintained for both parties to the deal.

Michigan requires that the agent get the written permission of both parties before he should even show the house to the buyers. That written permission should state clearly the compromise that the agent will have to make if placed in this position. The things that need to be dealt with in that document include what the agent can and cannot disclose to either side and includes a strict prohibition against sharing any secrets or confidences that either party has already shared with the agent. Potentially a bigger issue is the fact that the dual agent can no longer negotiate for either side. If having the agent there to handle the negotiations was important to either side, that is gone if the agent is allowed to become a dual agent. Some states, like California, that don’t have designated agency laws in effect, are currently dealing with dual agency cases in their court systems that could have major impact across the country.

So, what’s the double dip thing? That means that the agent is going to receive both sides of the commission – double what he/she would normally make – thus a double dip into the commission pot. That’s not an illegal things or necessarily a bad thing, but is does provide the motivation to perhaps not render as much fiduciary responsibility as is still possible. The agent may become more motivated by the opportunity to double dip that to protect the interests of both parties. Money tends to corrupt like that.

How can you protect yourself against the potential problems that could be caused by dual agency? The simple answer is not to allow it. Since the agent needs to have your permission in most states to act in a dual agent role, just tell them that you’d prefer not to do business that way. Ask them to have a different agent represent the buyer or you, so that each of you has an agent who can give you the full fiduciary attention and responsibility that you should have. In states that don’t have Designated Agency laws that may mean finding an agent in a different company.  

Your agent may refer you to another agent and it is perfectly legal for him/her to get a referral fee for doing that. That way you are still rewarding the agent who worked for you and found you the house that you want, even if he/she can’t be there with you through the sale. If your agent refuses to do something about the dual-agency issue, then fire that agent and find another agent. He/she was more interested in double dipping that in making sure your interests were properly served.

The agent might take the position that he can represent only the seller but can still do the paperwork and put the deal together. Listing agents who meet unrepresented buyers at open houses in their own listings often take that approach. You’ll need to decide whether you feel comfortable with that and whether you are concerned that the agent may already know enough about your and your wherewithal to put you at a disadvantage in the negotiations – people do tend to talk at open houses, especially to the friendly, nice man that showed them through. You can see how hard this can be to keep straight. Double dipping has been a fairly common practice in many places and is a favorite with many agents for obvious reasons; but, the bottom line is that it’s up to you and you need to feel completely comfortable with the representation that you will be getting in the deal. If you are not, remember the advice that you used to hear about drugs or teenage sex, just say no.

 http://normwerner.realtytimes.com/advicefromagents1/item/28614-my-agent-says-he-will-be-double-dipping-that-sounds-gross
 

Wednesday, September 3, 2014

Should A Home Buyer Use The Listing Agent?

Double Dipping

Dual AgencyHome Buyers should be aware of what Dual Agency means specifically to them and the purchase of a house or condo.   In the real estate business we refer to this as “double dipping.”
It has been written about for years that when a listing agent also represents the home buyer, it either means no one gets represented fully where the real estate agent becomes neutral or the home buyer is left out in the cold with no representation at all. You need to remember that a relationship was established with the home seller long before the home buyer came into the picture.  In other words the fiduciary relationship was originally with the seller.  You can’t serve two masters fairly! And don’t let anyone try and convince you otherwise.

Dual Agency is Double Dipping

A definition of dual agency is “a breach of agency rules” which must be disclosed to the parties because the agent has a conflict of interest when representing both the buyer and the seller. That should tell you something!
I prefer an “arms length” transaction where I totally represent my client and I do NOT do dual agency. Anyone who says they can give both sides equal representation is fooling himself/herself as well as the uneducated client.
Do some real estate agents like dual agency, well sure they get paid twice. But, for the inexperienced real estate agent who thinks only of the double commission, they may find a lawsuit will eat up that double dipping!  The number 1 claim and complaints filed are about Dual Agency. More real estate complaints occur due to Dual Agency where the client’s did not feel they were fully represented.
These are the States that ban Dual Agency:
  • Alabama
  • Florida
  • Kansas
  • Maryland
Now, the uscrupuious listing real estate agent who has lingo down pat of, “I’ll give you your own PRIVATE showing.” Or scares the buyers into thinking they have to write a contract with the listing agent in order to get the house are all examples of an unethical real estate agent. The uneducated, naive home buyer is typically the one who falls for this lingo. And in the end, some of those very home buyers actually think they got a good deal…how sad!
Private showings are always the case whenever a home is shown unless it’s an Open House so don’t fall for the “private showing” gibberish. And scaring a home buyer into thinking they must write the offer with the listing agent in order to get the house is not only unethical, it’s a lie.  The seller will pick the best offer.  The seller only cares about how much money they will net.  So, don’t fall for that lie.
Do you double dip your chip in the dip? Then don’t be represented by the same real estate agent that represents the seller.  Some things are just not Kosher.  And if you have an established relationship with a REALTOR®, then by all means be loyal and don’t fall prey to ridiculous rhetoric from a listing agent.
In summation, this article is for all home buyers.  You have now become educated on the pitfalls of NO REPRESENTATION when going along with Dual Agency.  The first question an ethical REALTOR® asks is, “are you currently working with a real estate agent?”
A unethical agent never asks and ropes you in and hopes you fall for their tricks while smiling all the way to the bank.  Wise up home buyers and don’t be taken! When you go to that Open House without your REALTOR®, then take their business card with you and speak up…I have a REALTOR®.
http://sacramentorealestatevoice.com/should-a-home-buyer-use-the-listing-agent/#comment-44863

Monday, September 1, 2014

Buying a new Home in Thomasville or South Georgia Compare features..

Custom Green Homes from $86/Per Sq. Ft.
We don't build eight minimum code homes at a time we build custom green high-performance homes and we build it right. Don't overpay for a new home with less features and an overpriced H.O.A in South GA, We are the only builder building green homes in South Georgia with Energy bill GUARANTEED!

Capital Home Builders – We are the only true custom home builder in Thomasville, and South Georgia.
CHB
Homes
Other New Homes
All of our homes are built with Florida Code NOT Georgia…. Better Code / Better Homes..
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1) Stronger foundation and Footers - Our Found are built with Wire Mash and Fiber
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2) 2X6 Exterior Walls  - Stronger House and More Wall  Insulation
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3) Continuous load Path - Stronger House (Ask other builders will not know)
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4) Trusses Design with Heel for extra insulation
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5) Titanium Underlayment With Ice & water and installed properly.
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6) Whole House Surge protector
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7) Hole House Wiring For Smart Home
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8) Video Surveillance Monitor on Vacation
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9) Smart thermostat Lower A/C with Smart Phone.
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10) 2.5 Ton 16 SEER A/C unit. For a 2,500 Sq. Ft. Home. Very Energy Efficient
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11) Tankless Water Heater
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12) Top Quality Energy efficient Windows
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13) Advanced Framing - (Ask Other Builders Will not know what that is…)
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14) Insulated Georgia.
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15) No Bath inserts – Top Quality Porcelain Tile
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16) Dual Flush Toilets
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17) Architectural Shingles – NOT three tab shingles other builders use.
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18) 2’ Overhang trusses for more shade – Other builder NO….
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19) 6" Fascia For a better roof look – Other Builders 4” Fascia
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20) High Quality Cement Board Siding.
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21) Driveway has Fiber with Wire mash – Other Builders DO NOT
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22) A/C Unit reviewed by a mechanical Engineer
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23) Our homes are rated by an Energy Smart Rater.
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24) LED and CFLs - All of our homes come with High-End Lighting  
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25) HERS Rating of 54 THAT MAKES OUR HOMES 46% BETTER THAN ANY OTHER.  
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You will not find a better built home in Thomasville and South Georgia
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Sunday, January 12, 2014

A HERS® Index Score Can Help Sell Your Home!

We at Capital Home Builders have always built homes to a higher standard by using quality materials and labors. Our homes are not built like standard built homes in Thomasville and South Georgia. The approach to building a minimum code home is “how much can I really cut back on laborers, materials and building code. Capital Home Builders approach to building a quality high-performance homes is how can we build it better, stronger and more energy efficient, our RESNET number do not lie. 


If you’re selling your home and a potential buyer wants to know what its HERS Index Score is, can you tell them? Because chances are, this is a question that’s going to come up more and more often. That’s because the issue of home energy efficiency is on the rise and consumers are trying to cut back costs wherever they can – and that extends to buying a home.
Fact: the highest cost of homeownership outside of the home loan is energy.
For many years, consumers have been able to buy cars and appliances based on energy performance. While cars have MPG (miles-per-gallon) stickers and appliances have Energy Guide labels, for the longest time homebuyers had no way of knowing the potential energy costs of homes they were viewing. That meant sometimes choosing a home that ended up costing more than anticipated due to poor energy performance. The HERS Index Score changes that.
  • The HERS Index was developed by RESNET and is the industry standard by which a home’s energy performance is measured.
  • A HERS Index Score is the result of a comprehensive HERS rating, in which a certified RESNET HERS Rater assesses a home on its energy performance.
Fact: mortgage default risks are 32% lower on homes with low HERS Index Scores.

Why Should Homeowners Get a HERS Index Score?

A HERS Index Score tells you how your house compares to other similar homes for energy performance. The lower the score, the more energy efficient the home; the more energy efficient the home, the higher the potential resale value. The Earth Advantage Institute, a nonprofit based in Portland, Oregon, “found that newly constructed homes with third-party certifications for sustainability and energy efficiency sold for 8% more on average than non-certified homes in the six-county Portland metropolitan area. Existing houses with certifications sold for 30% more.” Their report, published in May 2009, confirms that energy efficient retrofits add value to homes, resulting in generally higher resale prices for sellers.
Fact: energy efficient homes save money, improve home comfort and enjoy higher resale values.
As a homeowner, you want to keep your energy costs under control and your home comfort levels high. The best way to achieve this is through energy efficient improvements. By making your home more energy efficient, not only do you save money and improve your home comfort, you also add value to your home. And that means a higher resale price when you sell, because homebuyers want energy efficient homes, and HERS Index scores tell them how energy efficient a home is.
Therefore, as a homeowner who is looking at their home as not just a place to live in but also as an investment, getting a HERS Index Score is the smart thing to do. After all, you know how energy efficient your car is – don’t you want to know about your home too?

http://www.resnet.us/library/index-score-can-help-sell-home/

Saturday, January 11, 2014

EFFICIENT HOMES MAY BE MORE VALUABLE THAN OTHERS

We are the first and only builder building energy smart custom home builders. All of our homes are built above minimum code with high-end materials and quality laborers. We GUARANTEE that our homes are more energy efficient than any other new or existing home built in Thomasville, GA. 

You simply can't buy a  NEW HOME and get a better RATING then "GUARANTEED".

When insurance companies offer discounts for lower risk customers, you can bet it’s based on reliable evidence. Think lower car insurance rates for drivers with no speeding tickets, and discounted life insurance for non-smokers.
Genworth, the large private mortgage insurance firm spun-off from General Electric, now offers a discount for buyer of energy efficient houses.  (OK – Genworth implemented this policy in Canada — but reports suggest it’s coming to the US market….
Genworth is validating that the risk of loss to the mortgage lender is lower when the borrower is in a more energy efficient house.
Blue Sky Homes Desert 2
Image via Blue Sky Building Systems
The policy makes a ton of sense.  Attributes of an energy efficient house — better air sealing, more insulation, high performance appliances — are attributes of a well-built house. These measures make a house more valuable. If the borrower gets into income trouble and can’t afford the mortgage payments, a more efficient house will likely hold its value better than a house built to lower standards.
And home value is a strong predictor of lender losses — if a borrower has home equity, default is rare because the house can be sold for more than the mortgage. For more on that, see this paper by economist John Campbell.
A more efficient house also means lower energy expenses, so the borrower might not get into income trouble in the first place. And, these lower expenses are one reason an efficient house is more valuable.
A funny thing about the mortgage market is that this kind of policy can be self-fulfilling. The fact that more energy efficient houses are more valuable is a basis for the Genworth policy to give a discount, but it’s also likely to be an outcome of the policy. That is, the discount on mortgage insurance should allow some borrowers to pay more for energy efficient houses and increase demand for those houses among homebuyers. This effect should remind lenders, investors, appraisers, and others how the current, conventional policy can be self-fulfilling in the opposite direction — loan policies that make it difficult for a borrower to borrow more to pay a premium for a more energy efficient house can inhibit the very evidence needed to support policy correction.
While most U.S. mortgage borrowers don’t get private mortgage insurance, the fact that Genworth has adopted this new policy should be a strong signal to lenders, investors, appraisers, and others to continually assess how the value of energy efficiency is reflected in the property value and the loan.

Sunday, January 5, 2014

“Green” Labeled Homes Worth More on the Real Estate Market, Study Says

Capital Home Builders are the first builders of green smart homes in South Georgia. It looks like the green building trend has not reached the South Georgia area. We think if Thomasville, Georgia can still live in the era of horse and carriage they would, but we are changing the way homes are being built in Thomasville and South Georgia by building better homes above minimum code. Green Homes are built above minimum code non-green homes are NOT.......
Researchers from the University of California, Berkeley and the University of California, Los Angeles today released a new study on the economic value of green home labels in the California residential marketplace. “The Value of Green Labels in the California Housing Market” is the first rigorous, large-scale independent economic analysis of the value of green home labels in California. The study found that a green home label adds an average 9 percent price premium for single-family homes in California. Based on the average California home price of $400,000, homes with a green label sell for an average of $34,800 more than comparable homes without a green label.
In addition, the study yields two key insights into the effect of green labels on property values. First, the price premium associated with a green label varies considerably from region to region in California, and is highest in the areas with hotter climates. This trend may indicate that residents in these areas value green labels more due to the increased cost of keeping a home cool. Second, the premium is also positively correlated to the environmental ideology of the area, as measured by the rate of registration of hybrid vehicles. The observed correlation suggests that some homeowners attribute value to intangible qualities associated with owning a green home.
Led by researchers Nils Kok, visiting professor at the University of California, Berkeley, and Matthew Kahn, professor at the Institute of the Environment, Department of Public Policy and Department of Economics at the University of California, Los Angeles, the study examined data on the 1.6 million single-family homes sold between 2007 and 2012 in California. Of these homes, approximately 4,300 were certified with green home labels from Energy Star, GreenPoint Rated, or LEED for Homes.
“In certain regions of the state, we observed a phenomenon we’ve termed the ‘Prius effect’ — a positive correlation between the value of green home labels and environmental ideology, as measured by the rate of hybrid registrations,” said Kok. “In communities with strong environmental values, residents may see green homes as a point of pride or status symbol.”
The estimated $34,800 price premium for green-labeled homes is significantly greater than the price increase associated with other typical home improvements made by homeowners prior to sale, such as home staging. A 2012 survey by HomeGain found that staged homes sold for an average of $2,144 more than non-staged homes, while an upgrade of the kitchen and bathroom was found to increase the sale price by $3,254.
“Environmental ideology was not as strong in some other areas, and yet we still saw a high value placed on homes with a green label,” said Kok. “It appears that a hotter local climate also provides a practical reason to value green homes. With both ideological and pragmatic reasons to go green, it’s no surprise that the popularity of these labels is rising.”
The benefits of green homes include:
  • Lower operational costs than conventional homes due to greater energy and water efficiency, which can result in lower utility bills;
  • High quality construction, since green label requirements for building materials and techniques often go beyond standard building codes;
  • More comfortable and stable indoor temperatures;
  • Healthier indoor air quality; and
  • Other features that reduce environmental impact such as proximity to parks, shops and transit.
“Increasingly, homeowners who are planning to sell their home are looking for innovative ways to make their home more attractive to potential buyers,” said Robin Gaskins, a realtor who has worked for 10 years in Alameda County. “Particularly if a home already has a number of green or energy-saving features, it really does pay to go the extra mile and get a green label.”
Growing awareness about global warming and the extent of greenhouse gas emissions from the residential sector has increased attention to green building in recent years. Previous research has shown the value of green labels and certifications in the commercial real estate sector. “The Value of Green Labels in the California Housing Market” confirms that the same trend applies to single-family homes.
“The Value of Green Labels in the California Housing Market” has been submitted for presentation at the 2013 Annual Meeting of the American Economic Association and will be submitted to a scientific journal in fall 2012.