Matthew Rathbun, Principal Broker
ABR, ABRM, AHWD, ASR, CNE, CSP, e-PRO, GREEN, GRI, QSC, SRS, SRES, RECS
And Preparing Home The Problem Communi- The
Seller Information Inspections Appraiser Solving cations Settlement
Table of Contents
Section 1: Checklists and Timelines
As a result of this session, you will
be able to:
Identify the importance of
utilizing and refining checklists
to keep you on track.
Implement and revise a timeline
to track all facets of the
transaction to include all
Identify the benefits of providing
service beyond the basics.
Tracking the Transaction
How should showing access be setup?
Multiple Systems / combo boxes
How to Showcase the home
How to handle offers to purchase
Property Staging and Repairs
Seller Estimate of Costs
Short Sale Evaluation
Letter to Negotiate
Letter to Obtain Payoff
Listing Action Plan Checklist
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 quot;Tell 20quot;- Just listed, Open House and Just sold flyers
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.
Standard of Practice 1-13
When entering into buyer/tenant agreements, Realtors must advise potential
1) Realtors company policies regarding cooperation;
2) the amount of compensation to be paid by the client
3) the potential for additional or offsetting compensation from other
brokers, from the seller or landlord, or from other parties
4) any potential for the buyer/tenant representative to act as a disclosed
dual agent, e.g., listing broker, sub-agent, landlords agent, etc., and
5) the possibility that sellers or sellers representatives may not treat the
existence, terms, or conditions of offers as confidential unless confidentiality
is required by law, regulation, or by any confidentiality agreement between
(Adopted 1/93, Renumbered 1/98, Amended 1/06)
Standard of Practice 1-15
Realtors, in response to inquiries from buyers or cooperating brokers
shall, with the sellers approval, disclose the existence of offers on the
property. Where disclosure is authorized, Realtors shall also disclose
whether offers were obtained by the listing licensee, another licensee in the
listing firm, or by a cooperating broker
(Adopted 1/03, Amended 1/06)
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 quot;storage shed in its as-is conditionquot; or Seller or Buyer is a
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.
Whenever you write a contract
Prior to presenting a contract to another
Prior to presenting a contract to a seller
Why is it important that contracts are written
They are the blueprint for the entire
All parties should understand the terms of
It may be used in a court of law
Spells out the obligations of each party
Spells out the timeframes for performance
Articles 1-9 Deal with Client Obligations
Standard of Practice 1-6
REALTORS® shall submit offers and counter-offers objectively
and as quickly as possible. (Adopted 1/93, Amended 1/95)
Standard of Practice 1-7
When acting as listing brokers, REALTORS® shall continue to
submit to the seller/landlord all offers and counter-offers until
Standard of Practice 1-8
REALTORS® , acting as agents or brokers of
buyers/tenants, shall submit to buyers/tenants all offers and
counter-offers until acceptance but have no obligation to
continue to show properties to their clients after an offer has
been accepted unless otherwise agreed in writing.
Standard of Practice 1-9
The obligation of REALTORS® to preserve confidential
information (as defined by state law) provided by their clients in
the course of any agency relationship or non-agency
relationship recognized by law continues after termination of
agency relationships or any non-agency relationships
recognized by law. REALTORS® shall not knowingly, during or
following the termination of professional relationships with
Standard of Practice 3-2
REALTORS® shall, with respect to offers of compensation to
another REALTOR®, timely communicate any change of
compensation for cooperative services to the other REALTOR®
prior to the time such REALTOR® produces an offer to
purchase/lease the property. (Amended 1/94)
Standard of Practice 3-6
REALTORS® shall disclose the existence of
accepted offers, including offers with unresolved
contingencies, to any broker seeking cooperation.
(Adopted 5/86, Amended 1/04)
REALTORS® shall be honest and truthful in their
real estate communications and shall present a
true picture in their advertising, marketing, and
Standard of Practice 16-16
REALTORS®, acting as subagents or buyer/tenant
representatives or brokers, shall not use the terms
of an offer to purchase/lease to attempt to modify
the listing broker’s offer of compensation to
subagents or buyer/tenant representatives or
brokers nor make the submission of an executed
offer to purchase/lease contingent on the listing
broker’s agreement to modify the offer of
compensation. (Amended 1/04)
Offer and Present Offers
Promote the interests of the seller by:
c. Receiving and presenting in a timely manner
written offers and counteroffers to and from the
seller and purchasers, even when the property is
/ Delivery already subject to a contract of sale; and
Standard of Practice 1-6
Statute of REALTORS® shall submit offers and
counter-offers objectively and as quickly
Frauds as possible. (Adopted 1/93, Amended
1. Hit Highlights – set aside
2. Present copy to each decision maker
3. Review entire contract
4. Answer questions
5. Accept or Counter (avoid “rejections”)
6. Give client a copy of what they signed.
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.
Buyer & Seller Services and Checklists
As a result of this session, you will be able to:
methods for providing lists of reputable service
and refine checklists for buyers and sellers to use
before, during, and after closing.
Section 3: Preparing Information
Prepare information for all parties to
the transaction including attorneys,
title companies, lenders, appraisers, etc.
Home Inspections and Warranties
Background and General Scope of Inspections
What does AS-IS mean?
Purpose of the Home Inspection?
Visual Inspection Only?
What isn’t covered?
Pages 31,32 and 33
Who should be there?
Should Seller be present?
How can an agent help the process?
Opening a can of worms?
How long should an inspection take?
Pages 34 - 37
Why do many different reports?
Inspectors interpreting the Sale Contract
(walk thru vs. repairs)
Can Inspector Specify Solutions?
How is the inspection helpful?
Instructor Certifications / Licensure?
Pages 34 - 37
Can grow on almost any organic surface if
moisture and oxygen are present
Gradually destroys its host and causes serious
Produces potent toxins and irritants
EPA has published guidelines for remediation or
Number and size of lawsuits is growing
Underground Storage Tanks
3-5 million underground storage tanks in the US –
about 40% are leaking
Some are currently in use, but others are
Clean-up can be expensive
UST owners are required to register tanks and
adhere to requirements that prevent pollution
EPA regulates tanks that contain hazardous
substances or petroleum products that store at
least 10% underground
Once used in insulation (banned in 1978)
About 20% of nations commercial & public
buildings are contaminated
Inhaling can result in respiratory disease
No safe level of asbestos exposure
Used in residential properties to cover pipes and
It is fire resistant
Costly to remove
Lead-Based Paint / Lead Hazards
Lead was used as pigment and dying agent in paint
Present in 75% of private homes before 1978
Can cause brain, kidney, nervous system and red blood
Children are most vulnerable
Lead particles can be present in soil and ground water
Banned in 1978
No federal regulation to test in private homes
EPA and HUD require disclosure of known lead-based
paint hazards be attached to contract/ lease
Gas created by natural decay of other
Hazardous when trapped in buildings in
Colorless/ tasteless – impossible to
detect without testing
Levels can be reduced by installing
ventilation systems or exhaust fans
Most accurate testing results come from
Section 5: Working with Appraisers
As a result of this session, you will be
able to successfully communicate, assist
and work with the appraiser.
Salespersons should share
Information about properties sold
Detailed list of upgrades and features
Meet the Appraiser at the Property
Point out Special Features
Be Helpful, Not Overbearing
Prepare Your Seller
The Appraisers Viewpoint
Sample Letter of VA Appraisal Appeal – Page 42
Sample Letter of Standard Appraisal Appeal – Page 43
You’ll be able to identify potential
challenges in the home buying or home
selling process and describe ways to
Buyer Seller wants Buyer not
wants out out qualified
Buyer too Buyer Loss Repair cost
much debt of Job are too high
Pages 44 and 45 63
Communicating to Prevent Problems
Write a plan to keep all parties
to the transaction informed.
Page 47 and 48
Walk Thru Addendum
Walk Thru versus Repair Inspections
Section 8:The Settlement
Equal Credit Pages 49 & 50
Good Faith Settlement
Pages 50 & 51
Title Insurance Title Searches
Pages 53 - 62 73
Joint Tenancy – Ownership reverts to other owners of undivided
Tenancy in Common – Undivided interest that can be sold as a
portion of ownership
Tenancy by the Entirety – Agreement of ownership, typically
3. Maintain confidentiality of all personal and
financial information received from the client
during the brokerage relationship and any
other information that the client requests
during the brokerage relationship be
maintained confidential, unless otherwise
provided by law or the seller consents in
writing to the release of such information;
Ask Difficult Questions
Are you behind? (Should be asked of EVERY
Have you called your Lender
May I disclose the pursuance of the short
Can I obtain your pay-off information
Routine Payment / Payoff Investigation
Contingent Listing Agreement
Get Lender’s Short Sale Packet
Does the Seller meet the Criteria for a
Have all Options been explored
Have they called / visited 995Hope.org?
Have they spoken to an “investor”?
Have they signed any documents for
“assistance” from anyone other than
Deed in Lieu of Foreclosure
Order Title Work – EARLY
Follow up with Seller:
2 months reoccurring bills
Proof of Assets and Income
Obtain Draft HUD / Settlement Sheet
Update CMA – Monthly
Monthly Phone Call to Lender(s) *maybe
DOCUMENT, DOCUMENT, DOCUMENT
This is a Final Seller Side, not Draft
Should be done by Attorney
Things to have for Attorney
Arrears Sales Price
Taxes (back taxes) Pre-Payment Penalties
Commissions and Admin Forbearance Payments
Liens / Debts
You’re not a CPA, and neither am I
Signed December 20, 2007
Excludes income made from real property
Applies on to primary residence
Forgives qualified debt for 2007, 2008 and
Only applies to properties under 2 million
(1 million is married filing separately)
You CANNOT negotiate commission in terms
of the offer to purchase
Buyer Agency Agreement?
Buyer required to pay commission?
Third Party Approvals
When are you really ratified?
Recommendation to Paragraph 34:
“As a condition of ratification, the seller obligates
themselves to disclose to the purchaser if they
are pursing a shortsale, or if they decide during
the time period from ratification to closing, to
pursue a shortsale. Notice of the Seller to the
Purchaser shall be in a timely manner, and the
Purchaser will have 3 days to decide to void the
contract based on the decision to pursue a
Recommendation ONLY: Consult your Broker and legal counsel…84
Lender on Board?
When to Lock-in?
Due Diligence for Buyer’s Agent
Interviewing the Listing Agent
When to walk away
BPO versus Appraisal
Distressed Market Areas (95% LTV)