This document outlines the many steps and responsibilities involved for both listing agents and selling agents from initially listing a property through closing. It includes checklists for listing appointments, processing listings, reviewing contracts, and following through from offer to closing for both the listing and selling agents. Key responsibilities covered include explaining paperwork and disclosures, presenting offers, removing contingencies, facilitating inspections, and attending the closing.
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Rathbun Checklist
1. Lockbox
Mkt plan
Pricing/ CMA
Showings
Staging
pets
Motivation
Improvements
Expectations of agent
Expectations of seller
Current Market
Commission & Split
Security
Available Documents
Types of Agency
Selling features
Convey
Mulitple Offers
What happens after contract
Communication desires
Open Houses
Negotiation strategies
List of service providers
Future Plans
Move dates
Leins
Repairs
legal Owners
Payoff
Home warranty
Price Reductions
purchase agreement
Explain forms and disclosures
Location of sign and lockbox
How fast can we close
2. Explain the process
Full versus limited
Electricity
Plat
Propane
Types of loans
Net Proceeds
Inspections
Incentives
Length of listing
1st right of refusal
Lease with option
age of home
closing costs
your statistics
HOA
Tax records vs. facts
Irrigation
Alarm systems
Listing agreement
Yours
beds 4
baths 2.5
sq ft 2650
price
dom
5. Listing Action Plan Checklist
Seller's
Property Address
Date
At the Listing Appointment: (I have explained each of these documents thoroughly to sellers)
Completed and signed Listing Agreement-Seller must receive copy
Have them review the MLS data information, sign, and give them a copy
Signed Property Disclosure or Disclaimer-Seller must receive copy
Signed CMA-Seller has received copy
Signed Estimated Sellers Net Sheet based on Listed Price-Sellers must receive a copy
Signed Mortgage Information Request-Seller must receive copy
Signed Lead Paint Forms if applicable-Seller must receive copy
Signed Home Protection Application or Waiver-Seller has received copy
I have reviewed with the seller the following:
Explain Agency relationships
Explained financing alternatives including discount points, seller assistance with closing costs, pre-paids
and owner financing
Explained Marketing Plan
Explained Marketing Guarantee
Explained property tour by office
Explained how the MLS works and how appointments will be made
Obtained key for lock box and explained how the lock box system works
Explain and give samples of "Tell 20"- Just listed, Open House and Just sold flyers
Explain Open Houses-Brokers and public
Explain how to prepare their property for showing
Explain advertising program
Establish marketing area in property-where feature sheets, business cards, home book & guest book will
be displayed.
Explain showings that do not have an appointment-Leave business card holder with a supply of business
cards
Explain the process if they will be buying another property
Discuss the advantage of leaving as much personal property as possible (window treatments, etc.).
Discuss the what ifs, such as an offer with earlier possession than desired.
Ask for copies of utility bills in order to prepare a "Home Book"
Discuss special arrangements for pets so property can be shown
Set a convenient time that you will discuss the status of their listing every week-coordinate both of your
calendars for that time.
Discuss when sign installation will take place
Leave a video on preparing your property for marketing
Have folder for sellers to keep their copies of signed documents and important papers
Property Owner's Association (POA) Packet
REMEMBER: The Sellers MUST be given a copy of everything they sign immediately, plus an original for
the office files.
Add items here that will be important to your office or area:
6. Checklist for Processing of Listings
Immediately after listing is signed:
Photos of property
Prepare a personal folder for yourself, with a copy of all of the documents signed by the
sellers.
Review the MLS listing agreement and data forms and input.
Add additional forms that may be required in your office.
Copy payoff letter and transmit.
If home owners warranty was accepted-mail and/or fax.
Turn in tour request date to secretary.
Prepare marketing material.Check MLS carefully for accuracy and copy sellers.
Distribute your “Tell 20”
Have a lender prepare financing sheets on the property.
Prepare Feature Sheets-give copy to sellers.
Have (2) extra keys made and check-install lock box with key (1) for office, (1) you
personally keep.
Get sign up - make sure it is clean.
Verify septic or sewer, water and/or well, connection fees, schools, etc.
Implement Personalized Marketing Plan by inserting dates, coordinating it with the
sellers and your contact management program or appointment book.
Prepare Home Book.
Prepare display area in home with your marketing materials.
Deliver all of the materials you prepared to seller and explain if they have questions.
Discuss with seller the removal of items not conveying or tag them.
Prepare “Highlight Feature Cards” for items that will convey
Send Military Housing forms to appropriate military bases, if applicable.
7. Contract Review Checklist
Make sure names are spelled correctly.
Make sure legal name and address are correct.
Check real and personal property that will convey against the listing agreement and computer
printout to ensure conveyances are what they should be. The purchaser can ask for and the seller
can agree to any other item conveying, but they must be made aware of them and avoid any
surprises. VHDA contracts cannot have chattels listed in the contract. They must be addressed
through a separate bill of sale.
Check remarks for other items that need to be transferred to the contract, such as "storage shed in
its as-is condition" or Seller or Buyer is a licensee.
Review financing-Make sure it is spelled out and adds up.
Earnest Money Deposit- Make sure that deposit is a check, money order or note, not cash (Ask them
to get a money order). Make sure that it is clear who is to hold the earnest money deposit. On VA
pre-owned homes most firms request that the $1000 deposit is to be in certified funds, in the event
that closing is within 30 days.
Make sure contract designates who is paying the closing costs, pre-paids, MIP, VA funding fee, etc.
Make sure the type of financing and loan ratios are identified.
Who will be handling the settlement? Make sure parties understand mandatory language.
If seller is paying any closing costs, pre-paids, etc. make sure the maximum amount the seller is
going to pay is spelled out and exactly what the money will be used for (i.e. pre-paid items, closing
cost, etc.) Remember the max. contributions allowed for different financings.
If the purchasers want to make additions to the property, add rooms, etc. it is important that they
obtain a copy of deed restrictions and "restrictive covenants" for the neighborhood, as these may
override city ordinances. They should also check to make sure there are no environmental
restrictions on what they want to do.
If seller is leaving some additional appliances for the benefit of the purchaser, you should consider
conveying them "as is" unless you are representing the purchaser in this transaction. This protects
the sellers from having to repair small appliances. Always suggest a homeowner's warranty.
If contract has a "contingency clause or subject to" clause, make sure either to insert a "seller has the
right to void" or "purchaser has the right to void" clause.
When other contract(s) comes in on a property that has a ratified contract with a contingency clause,
add: "In the event the buyers in the first contract remove the contingency, then this contract is null
and void" This avoids the possibility of the seller being obligated on two contracts.
In multiple offer situations, you may need to advise parties to seek legal counsel.
If a prior contract on a house has fallen through, make sure all parties have signed a release.
Be sure contingencies are satisfied by stating which party has the right to do what and when.
8. Make sure that the appropriate agency disclosure clause is in the contract. If it is an in-house sale
with the selling agent working as a "Buyer Broker", you must have a dual agency or designated
representative consent form signed.
Make sure homeowner's association language or condo language is included in the contract, if
applicable, or if it is not in the contract, then be sure it is spelled out on a separate addendum.
If the property is on a septic tank or well water, be sure to address who will pay for costs of additional
inspections and clearance letters that may be required. If city water and/or sewer are available, then
address in the contract who is responsible for paying the hook-up fees that the lender will probably
require.
If the property has acreage, prepare the purchaser for a larger than customary expense for the
survey.
Make sure the proper termite clause is in the contract stating that the seller is paying for the termite
inspection and the purchaser's name is on the termite letter and/or bill or request.
If the seller or the buyer uses a Power of Attorney, make sure you get a certified copy for the master
file and a copy for yours.
If a contract of purchase is used other than the local contract, make sure proper addenda is attached
for items not in unfamiliar contract. Carefully compare with your local contract for discrepancies.
All contracts in Virginia must include an addendum of either a Residential Property Disclosure
Statement or a Residential Property Disclaimer statement to be signed by the purchaser at time of
contract ratification.
If the property was built prior to 1978, make sure both the purchaser and the seller sign the
appropriate forms. If working with a buyer, you are responsible to give them the booklet "Protect
Your Family from Lead in Your Home."
If the seller is paying any discount points, specify in the contract who is to have the authority and
responsibility of locking in the discount points.
Make sure the purchaser knows about the availability of home inspections. If they decline to have
one as a condition in the contract, make sure they sign a statement that they do not elect to have the
home inspection.
If the purchaser is to move in prior to settlement or the seller is to stay in the property after
settlement, make sure you get the proper possession agreement signed at time of contract
ratification. Make sure purchaser understands that they will be responsible for the rent payments and
often security deposit, whether they take early possession or not, once the seller has accepted the
offer with rental as a condition of his acceptance.
9. Listing Agent’s Checklist-From Offer to Closing
Listing Agents Responsibility in Preparing to Present Offer:
Obtain all information possible on purchasers in order to humanize them.
Check with selling agent, to see if the buyers have been pre-qualified by agent or lender.
Set an appointment with sellers to present the offer-Do not discuss offer on phone.
Invite Selling agent to go along to present offer (if local custom).
Read everything in the contract thoroughly; pay careful attention to all clauses,
statements, and contingencies.
Develop checklist to protect everyone.
Review personal property portion spelling out what will or will not convey.
Review Financing portion. Type of financing, down payment, MIP, etc.
Check discount points, seller concessions (i.e. pre-paid, closing costs, funding fee, etc.).
Prepare Sellers net sheet based on offer.
Check earnest money deposit, have a copy of check available.
Prepare an updated CMA.
Prepare list of Pro’s and Cons of offer prior to presenting offer.
Give to Selling Agent prior to or when they give you the offer:
Lead Paint Disclosure
Copy of Disclosure or Disclaimer
Copy of all deed restrictions, subdivision restrictions, etc.
Make sure that you have the following items for seller when presenting the offer:
(2) Signed copies of the offer/counter offer
(2) Signed copies of estimated net sheet
(2) Signed copies of all addendum’s and/or contingencies
(2) Signed copies of any other items required by your local MLS or State
After the Offer has been accepted…
Make a copy of all documents for your personal file folder.
Place originals of all documents in the master file folder.
Follow office procedure in delivering to the manager or secretary.
Complete MLS forms for processing pending sales, etc.
If new loan, follow up to find out when loan application is to take place.
After loan interview has taken place discuss, if possible, the initial opinions of the loan
officer. Follow up progress with selling agent once a week and inform seller.
If repairs have been promised, check regularly with seller as to progress.
If contingencies, follow-up with selling agent until satisfied and you receive a signed
contingency removal form.
Assure the sellers you will be in touch with them at least once a week to keep them
informed of process.
10. When loan has been approved
Place “Sale Pending” or SOLD rider on sign.
Check with selling agent on appraisal. The lender usually orders appraisals.
Prepare packet for Appraiser –Update your CMA and include:
• An updated CMA with photos.
• A computer printout from MLS with the properties most like the subject and the
comparables you used highlighted.
• A copy of the purchase agreement.
• A copy of the plat.
• A copy of the floor plan, if available.
Prepare packet for attorney or title company (explain the difference).
Order Termite Inspection at least one week prior to closing
Distribute “Tell 20” or send “Just Sold” flyers.
One Week Prior To Closing
Double check that all repairs have been completed as were agreed upon.
Make sure all bills for repairs, exterminator, etc. have been forwarded to the sellers
attorney or title company.
Arrange property walk-through inspection three days prior to closing.
Arrange with selling agent for you to be present at the walk-through. Have purchaser
sign form verifying that everything is in acceptable working order. If any items need to
be repaired, do another quick walk-through the day before or the day of closing to make
sure all repairs have been made to buyer’s satisfaction and terms of contract.
Make sure closing officer is aware of home warranty plan, if applicable.
Check with sellers that they have ordered utility readings for the day of settlement.
Obtain a HUD-1 closing statement from attorney or title company at least 24 hours prior
to closing so you can review with seller to make sure everything is correct.
Make sure there are no problems that have not been addressed, as it is important to
resolve all questions, discrepancies and problems prior to the day of settlement.
Double check the commission and ensure earnest money deposit is credited correctly.
Purchase client gift (buyer and/or seller).
Day of Settlement
Obtain keys from office.
Remove lockbox and key.
Remove all signs, including directional signs and inform secretary.
Give the keys, photos, home book to purchaser
Obtain seller’s new address for office files and your data base.
Remind sellers to notify their present property insurance carrier.
Ask for referrals!
Notify your office secretary when and where settlement will be held.
11. Attend settlement no matter who else does or does not attend. It is very important that the
company be represented.
Check settlement statements again. If you find an error, ask to discuss in private with
attorney or closing officer. It is important to resolve all questions, discrepancies and
problems before settlement is completed.
Obtain a copy of signed buyer’s and seller’s settlement HUD-1 statement prior to leaving.
Present a client gift to your client-seller and/or buyer.
Turn in the HUD-1 with the office folder to secretary.
Complete any in-house tracking forms required.
Wait for the commission check. Enjoy your money, you’ve earned it!
12. The Selling Agent's Responsibilities from Presenting an Offer to Closing
When a written offer has been made, and we have used the Contract checklist to make sure everything is in
order…what should you do next?
Do you have all of the necessary documents including, but not limited to, the following:
(2) signed and initialed purchase agreements.
(2) of each signed and initialed addendum's.
(2) Signed Estimated Closing Cost Statement.
(2) Signed Agency Disclosure.
(2) Exclusive Brokerage Representation Agreement, if applicable
Given EPA pamphlet "Protect Your Family from Lead in Your Home", if applicable.
Home Warranty Application or Waiver if seller not providing.
(2) Waiver of Home Inspection.
Earnest money deposit (copy of check delivered with offer if to be held by your company).
Explain the differences between using an attorney or title company.
Explain the title insurance and owner's title insurance.
Broker Commission Agreement.
You may have to obtain the following prior to presenting the offer to the listing agent:
Signed Property Disclosure or Disclaimer.
Signed or Waived Lead Paint Disclosure, if built prior to 1978.
Brokerage Commission Agreement, if applicable.
Present Offer to Listing Agent
Advise the buyer of offers, counteroffers and the importance of their best offer.
Note date and time offer delivered to Listing Firm-Have someone initial receipt.
Humanize the buyer-Amount of information will depend on whom you represent.
Ask to accompany the listing agent to present the offer- (depends on local custom).
Review offer with listing agent, point out pros and cons, including the offered price.
After Ratified Contract
Revise purchaser's Estimated Closing Cost Sheet.
Make sure all changes are initialed and deliver revised copy immediately to listing agent.
Make a copy of all documents for your personal file folder.
Place originals of all documents in file folder together will all office-required documents and give to
manager or secretary.
Arrange appointment for loan interview as dictated in purchase agreement.
Assist purchasers by giving them a list of items needed and/or by helping them complete a loan
application form.
Advise them of the fees they will have to pay at time of application.
Prepare a packet of information for the loan officer to include:
Copy of ratified purchase agreement
Feature sheet
Copy of plat
Completed mortgage application
Legal description
MLS information
Attend the loan interview with them unless they request you do not.
Discuss with listing agent the overall interview of the loan interview. Depending on whom you represent
will determine what you can disclose.
Call the loan officer at least once a week to ascertain that everything is on track.
Call the listing agent at least once a week to inform of progress.
Call purchasers at least once a week to inform of progress.
If any contingencies, follow-up with purchasers until satisfied and have them sign a contingency
removal form.
When Loan is Approved
13. Check with listing agent to check if they have a packet prepared for the appraiser. The lender usually
orders the appraisal.
Prepare Closing Packet for the title company or attorney, including but not limited to the following items:
Form or letter identifying the real estate companies and agents involved (See Sample Transmittal Letter
in Appendix).
Who is representing the sellers?
Lender, loan officer.
Type of loan, amount, and terms.
Copy of Purchase Agreement.
Copy of deed.
Purchaser's names, address, phone numbers
How the purchasers will take title
Follow up with listing agent on the status of required repairs, if applicable.
Purchasers should make arrangements for their homeowners policy and be prepared to pay at least
one year's premium to insurance agent or at settlement, plus three months to be placed in escrow at
time of settlement.
Preparing For Settlement (At Least One Week Before)
Coordinate Settlement date with lender, other agent, attorneys, etc.
Check with listing agent the status of Termite Inspection.
Check with listing agent the status of certifications (i.e. water, sewer, etc.).
Check with listing agent if all repairs have been completed as agreed upon.
Sellers should be sure all utilities are in the name of the purchasers the day of closing.
Three Days Prior To Closing
Arrange for a property walk-through inspection with buyers and other agent (seller's option to attend).
Walk-through.
Day Before Closing
If something was not correct during walk-through, do another walk-through the day before or just prior to
closing.
Make sure that all problems are addressed immediately or notify attorney or closing officer. It is of
utmost importance, in order to have a smooth closing, that all questions, discrepancies, and problems
are resolved prior to day of settlement.
Obtain a HUD-1 Closing Statement from closing officer at least 24 hours prior to closing so you can
review with purchasers to make sure everything is correct.
Double-check the commission to make sure it is correct and that the earnest money deposits are
credited correctly.
Purchase buyer's closing gift.
Day of Settlement
Notify the office secretary when and where settlement will be held and at time.
Attend settlement no matter who else does or does not attend. It is very important that the company
be represented.
Check settlement statements again. If you find an error, ask to discuss in private with attorney or
closing officer. It is important to resolve all questions, discrepancies and problems before settlement is
completed.
Obtain a copy of signed buyer's and seller's HUD-1 statement prior to leaving.
Present gift to buyer now or later that day.
Turn in the HUD-1 statement with the office folder to secretary.
Complete any in-house tracking forms required.
Wait for the commission check. Enjoy your money, you've earned it!
16. Utility companies 1.
2.
3.
Other 1.
2.
3.
Other 1.
2.
3.
Take a few minutes and fill in part of the above list with as many names and numbers as you currently have.
Complete the list when you return to the office.
20. Buyer's Checklist
Pre-qualify with a loan officer
Witness REALTOR®'s explanation and signature on Agency
Disclosure Form
Review forms and documents
Write sales contract
Remove all contingencies
Within five (5) business days of contract ratification, attend loan
application
Schedule professional home inspection, per Sales Contract
Receive Condo or POA documents, per Sales Contract
Six weeks before settlement - turn in Change of Address Card to local
Post Office
Six weeks before settlement - schedule packers and movers
Two weeks before settlement - arrange for utilities to be connected
(gas, electric, water, trash).o
Register children for school in accordance with local procedures
Register to vote
Purchase Homeowner's Insurance or Condo (Tenants) Insurance,
whichever is applicable. Homeowner's Insurance policy and paid
premium must be brought to settlement
One or two days before settlement - attend final walk-through
inspection
One business day before settlement - obtain certified check or
cashier's check (payable to closing agent); call sales associate or
settlement agency for exact closing costs. Bring checkbook in case
cashier's check or certified check is not sufficient
Bring ID to settlement
Pick up keys at settlement
Call (your name) with referrals (your phone number).
21. Seller’s Moving Checklist
Witness REALTOR®’s explanation and signature on Agency Disclosure Form.
Review forms and documents.
Show your REALTOR® the Deed(s) and Deed(s) of Trust for your property.
Provide your REALTOR® with requested information for Lender’s Payoff Letter.
Coordinate, with your REALTOR®, an effective Marketing Plan for your property.
Obtain Condo or POA documents, as applicable.
Provide your local Post Office with a Change of Address Card.
Schedule packers and movers.
Keep your REALTOR® informed of all people viewing the home.
Notify your REALTOR® when supply of handouts begins to dwindle.
Be available for Sales Contract presentation. Inform your REALTOR® when you are
leaving the area (even if only a temporary absence).
Arrange for utilities (gas, electric, water, trash) to be disconnected/transferred.
Transfer home/auto insurance.
Notify health/life insurance agent of you new address. If leaving the area, arrange for
medical records to be transferred.
Arrange for children’s school records to be transferred. Register children at new school in
accordance with local procedures.
Register vehicles in new area.
Register to vote in new area.
Attend settlement. Plan to pick up proceeds from the sale of this home approximately three
days after settlement. Leaving your forwarding address is necessary.
At settlement, give keys to purchaser(s).
Bring ID to settlement.
Call (your name) with referrals (your number).