The sales price of neighboring homes is only one part of the equation. Be sure that sellers understand the other factors that affect how their home compares to their neighbors’.
Location within the neighborhood.
If your seller’s home is in a part of the neighborhood that borders a highway, train tracks, or an industrial area, it’ll likely fetch a lower price. Make sure you pull comps of other homes in similar locations to compare and explain pricing differences to sellers.
The home’s lot.
Take into account that hilly terrain can affect the usability of each home’s lot and bring your seller’s price down. You can have two one-acre lots next to each other, and one can be fully usable while the other is only half usable because of steep slopes, says Todd Gibbons of William Pitt Sotheby’s International.
Home owners who have done home-improvement projects typically get a higher price for their property. You should know which properties in the neighborhood have undergone renovations and how much they sold for so you can suggest to your seller what projects they should do if they want to boost their home’s sale price.
In some markets, the cost of land has dropped, making building a new home less expensive and, thus, more affordable for buyers. Sellers need to understand how competition from the new-home segment could affect their listing price. For example, in the suburbs of Chicago, where Michael LaFido of Marketing Luxury Group does business, building a house similar in size to an existing structure costs 20 percent less today than before the recession. Pull comps from builders in your area to show sellers the potential impact on their home’s value.
The difference between listing price and sales price.
Many sellers will go online to see listing prices for other homes on the market in their neighborhood and ask you to price their house accordingly. You need to explain that listing prices reflect what sellers are asking, not what buyers are willing to pay. That’s why sold inventory is more reliable for determining the realistic price of your seller’s home than the asking price of properties currently on the market.
Sources: Maria Azuaje, Berkshire Hathaway Homeservices Florida Properties Group, Miami; Ann Marie Clements, AHWD, e-PRO®, Keller Williams Capitol Properties, Rockville, Md.; Michael LaFido, Marketing Luxury Group, Chicago; Todd Gibbons, William Pitt Sotheby’s International, Westport, Conn.
Credit to John N. Frank
John N. Frank is former managing editor for REALTOR® Magazine.
Consumers love the convenience and time-saving aspect of a one-stop shopping experience. Just look at what grocery stores are beginning to incorporate under their roofs: hair salons, coffee shops, banks, and vision centers.
That concept of getting everything done in one place is growing among real estate agencies. More brokers are including in-house mortgage companies, and some offer title and closing services, too. Those who have done it say it helps the bottom line, gives agents someone close by to ask about lending issues, and provides customers with the experience of getting everything done faster and more efficiently.
Enhanced Communication for All
Caroline Ruhl, president of Ruhl&Ruhl, REALTORS®, in Davenport, Iowa, says having in-house loan officers has been a game changer. Her office has offered the enhanced options for more than a dozen years and, she says, it’s resulted in better service for clients and smoother transactions for agents.
“Communication is better and easier for all parties,” she says. “When we first introduced loan officers to my offices, the time from pending to closing was reduced by 50 percent.”
The loan officers make sure all buyers are preapproved before Ruhl’s agents start showing them properties. They even go so far as to preapprove sellers who plan to buy after their current home closes before listing their properties. This proactive step means listing agents are seeing fewer deals falling apart because of finance-related seller contingencies getting in the way.
The Real Estate Settlement Procedures Act requires that Ruhl keep the two companies completely separate. Regulations include creating separate signs and marketing materials, says Jane Schneider, president of Ruhl Mortgage. Plus, last October, the Consumer Financial Protection Bureau addressed RESPA compliance and marketing services, which made things even more complicated.
“The regulations are cumbersome, and the risk is high if you don’t do everything correctly. Compliance is costly and time-consuming,” Ruhl adds.
Her company does a lot of business with agents and clients not associated with Ruhl&Ruhl. She was concerned about whether agents at competing companies would work with Ruhl Mortgage. But that hasn’t been a problem. Even when a real estate agent moves to another real estate company, the agent continues to refer their clients to her mortgage company because it offers a good client experience, she says.
Schneider states that about 30 percent of Ruhl&Ruhl clients select their mortgage company. “Everyone gets to select who they want. But some find the value of being able to talk to the agent and lender in the same building,” she adds.
Though they are separate entities, branding still matters. Changing the name a few years from 1862 Mortgage — the year Ruhl&Ruhl was established — to Ruhl Mortgage has helped clients understand the connection, Schneider says.
John Collopy, broker-owner of RE/MAX Results, headquartered in Eden Prairie, Minn., just opened his own mortgage company in April. He has been in the real estate business more than 30 years and oversees nearly 1,000 sales agents.
Collopy decided to take the step now due to recent interpretations of RESPA. The arrangement and marketing plan he previously had with loan officers from another company housed in his real estate offices wasn’t going to be acceptable. There cannot be joint marketing agreements between any real estate company and in-house mortgage company. He also owns a title insurance company, Home Title, which he opened in 1992, and a closing company.
“There is no law or issue against owning these companies; rather, the issue is when these companies provide marketing dollars or co-market with real estate agents. We always need to do what’s best for the consumer,” he says.
Before opening the mortgage company, Collopy did a lot of due diligence, and followed the model of a fellow RE/MAX broker who has taken the same path in the past.
“The risk in raising capital was significant, but in order to be a competitive, growth-oriented company, we believe we needed to have this component,” Collopy says. He also likes the fact that everything is in one place. “I like having the control over the transaction if there is an issue that needs to be addressed in any of the areas,” he says. “Instead of pointing my finger if something goes wrong, I can make a clear decision.”
Collopy is bringing the high level of customer service he emphasizes at his brokerage into the mortgage side of the business. His loan officers offer a large menu of finance products. “We are going to be competitive or better than the competition on pricing,” he says.
Easing Stress For Buyers and Agents Alike
Real estate clients are busy with so many aspects of their lives that they often just want someone to take care of them, says Gary Kenline, senior vice president at Hunt Real Estate ERA in the Buffalo-Niagara area of New York. His company has been offering services through Hunt Mortgage for seven years.
Overall, about 40 percent of their real estate clients use Hunt Mortgage for their home financing. In some of their offices, that number is as high as 60 percent.
“With online mortgage companies such as Quicken Loans and tons of other ones that advertise, the competition is tough,” he says. “But having our own mortgage company inside our real estate offices has worked very well.”
An in-house mortgage company also benefits agents, Kenline says. They’re able to walk down the hall and talk to the loan officer each day to get updates on clients’ loans.
For those thinking about adding a mortgage company to their real estate agencies, Collopy reiterates that it can be a long and complicated process. “It’s a very competitive business, but nothing is easy that is worth doing,” he says.
Credit to Lee Nelson
Lee Nelson is a freelance journalist from the Chicago area. She has written for Yahoo! Homes, TravelNursing.org, MyMortgageInsider.com, and ChicagoStyle Weddings Magazine. She also writes a bi-monthly blog on Unigo.com.
This article summarizes some key California rental laws applicable to residential rental units.
We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.
With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to city.
You are responsible for performing your own research and complying with all laws applicable to your unique situation.
If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association may have a referral service that can help you find a lawyer with experience in landlord-tenant law.
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant’s guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.
Require Written Description/Itemized List of Damages and Charges: Yes. Receipts and documentation not needed to accompany the itemized list of repairs if repairs and cleaning cost less than $126. (Civ. Code §§ 1950.5g 4A)
Record Keeping of Deposit Withholdings: No Statute
Failure to Comply: A bad faith claim or retention by a landlord may subject the landlord to statutory damages of up to twice the amount of the security, in addition to actual damages. (Civ. Code §§ 1950.5(l))
Lease, Rent & Fees:
Rent is Due: Unless there is a contract to the contrary, and the lease is for less than one year, rent is due at the end of the month. Most leases state that rent is due at the beginning of the month. (Civ. Code §§ 1947) and (Civ. Code §§ 1962)
Payment Methods: Landlord must allow at least one form of payment that is neither cash nor electronic funds transfer, unless tenant has had an insuffienct funds payment, or stopped payment on a money order. Then the landlord can require payments to be paid in cash. (Civ. Code §§ 1947.3(1-2))
Rent Increase Notice: 30 days if rent increase is less than 10 percent of the lowest amount of rent charged during the last 12 months. 60 days if rent increase is more than 10 percent of the lowest amount of rent charged during the last 12 months. (Civ. Code §§ 827(b)(2-3))
Late Fees: Allowed, but they must be “reasonable” and obey rent control laws, and are only enforceable if specified in the lease. (handbook)
Application Fees: The maximum fee is adjusted each year based on changes in the Consumer Price Index since January 1, 1998. In 2012, the maximum allowable fee is $44.51 (Civ. Code §§ 1950.6(b)). Use Cozy to avoid charging application fees because the tenant pays for the credit report directly.
Prepaid Rent: Landlord is allowed to collect one month’s pre-paid rent (first month’s rent) plus two or three months’ security deposit. (handbook)
Returned Check Fees: Equal to the actual bank fee. Or landlord can charge a flat “service” fee which is $25 for the first occurrence, and $35 for each occurrence thereafter (handbook). I recommend using Cozy to collect rent online to nearly eradicate late payments.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, because the property is under the “implied warranty of habitability.” (handbook)
Tenant Allowed to Repair and Deduct Rent: Yes, but not more than the cost of one month’s rent, and tenant cannot use this remedy more than twice in a 12-month period. (Civ. Code §§ 1942)
Landlord Must Accept First Qualified Applicant – The 2012 Fair Housing Handbook of California says on page 24, “The landlord should take the time to check out the information and make a selection based on the first qualified applicant(s),” although there is no statute to support this. It’s recommended but not law.
Copy of Lease: Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. (Civ. Code §§ 1962(4))
Utilities: Landlord must disclose if utilities that service tenant’s unit also service other areas (such as common foyers), and disclose the manner in which costs will be fairly divided up. (Civ. Code §§ 1940.9) Landlord must also provide a formula for dividing up utilities when utilities are split among multiple tenants.
San Francisco Utilities: Landlords must provide heat that can maintain a room temperature of 68 degrees. This level of heat must be provided for at least 13 hours, specifically from 5-11 AM and 3-10 PM.
Move-In Condition: Landlord is not required to provide a Move-In Condition Checklist for the Tenants to complete. However, it is recommended and extremely helpful should you ever go to court over physical damages to the dwelling.
Mold: Landlord must disclose, prior to lease signing, knowledge of any mold in the dwelling that exceeds safety limits or poses a health concern. Landlord must distribute a State Department of Health Services consumer handbook once it is developed and approved. (Health & Safety Code §§ 26147 and Civ. Code §§ 1941.7)
Demolishment: If a landlord or agent has applied for a permit to demolish a rental unit, the landlord must provide written notice to prospective tenants before accepting any money. (Civ. Code §§ 1940.6)
Ordnances: Landlord must disclose the locations of former ordnances (weapons and artillery)in the neighborhood. (Civ. Code §§ 1940.7)
Sexual Offenders: Landlords are required to include the following language in the lease: “Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender’s criminal history, this information will include either the address at which the offender resides or the community of residence and zip code in which he or she resides.” (Civ. Code §§ 2079.10a)
Pests Disclosures: At lease signing, Landlord must disclose any pests control contracts or disclosures received by pest control companies. If the premise is being treated for pests, landlord must disclose the pesticides used and their active ingredients, and any warnings associated with them. (Civ. Code §§ 1940.8, and Business and Professional Code §§ 8538)
Smoking: If the landlord limits or prohibits smoking, landlord must include a clause that specifies the areas on or in the premise where smoking is prohibited. (Civ. Code §§ 1947.5)
Proof of Domestic Violence Status: Landlord is entitled to proof/documentation of domestic violence status of the tenant if the tenant claims they are a victim. (Civ. Code §§ 1941.5, 1941.6, 1941.7)
Special Treatment: A victim may terminate a lease with 14 days notice and proof of victim status. (Civ. Code §§ 1946.7(d)) A landlord cannot end or refuse to renew a tenancy based upon the fact that tenant or a member of tenant’s household is a victim of a documented act of domestic violence, sexual assault, or stalking. (Civ. Procedure Code §§ 1161.3)
Abandoned Property: The rules are lengthy and specific, please read Civ. Code §§ 1965, 1980 to 1991.
Retaliation: Landlord must not terminate a lease, increase rent, decrease services, cause a lessee to quit involuntarily, or bring an action to recover possession to a tenant who has filed an official complaint to a Government Authority, been involved in a tenant’s organization, or exercised a legal right. Courts will assume “retaliation” by landlord if negative action is taken on the tenant within 180 days (six months) after any of the prior tenant actions. (Civ. Code §§ 1942.5) It will also be considered retaliation if the landlord acts negatively within six months after any of the following:
Using the repair and deduct remedy, or telling the landlord that the tenant will use the repair and deduct remedy.
Complaining about the condition of the rental unit to the landlord, or to an appropriate public agency after giving the landlord notice.
Filing a lawsuit or beginning arbitration based on the condition of the rental unit.
Causing an appropriate public agency to inspect the rental unit or to issue a citation to the landlord.
Protect yourself and polish your reputation by knowing how to present information—and when refer a client to someone else for assistance.
Don’t position yourself as the primary source of information.
Your role as a real estate professional is to do what it takes to arrange and close deals—but that doesn’t mean you need to be the authoritative source for answers to every question that might come up. When a buyer asks questions such as how many finished square feet a home has, if it’s in a flood plain, what the school boundaries are, or when a new light rail line might open—in other words, anything you don’t know as a fact on your own—be sure to clearly provide the source of any information you provide in response, says Michael Baucum, a transactional real estate attorney in San Antonio, Texas.
So instead of just casting what you say as a fact, say, “According to,” or, “The appraisal document says,” or something similar, Baucum says. Those few extra words could help protect you if someone is unhappy later on with something you told them.
Be upfront about whom you’re working for.
Be sure to explain that your duty is to the seller before discussing a property with people who stop by an open house or contact you based on a sign or advertisement, advises Mike Hege, broker-in-charge at Pridemore Properties in Charlotte, N.C. Doing so could help prospective buyers avoid inadvertently breaching an agreement they may have with a buyer’s agent—and it could help prevent you from unwittingly entering a dual agency situation, too. Your best bet is to advise people who express interest in your listings to use their own agent, Hege says.
Never give tax advice.
Buyers and sellers might ply you with questions about the tax benefits and implications that relate to a home transaction, but your answer should always be the same: “Consult a tax professional,” says Jim Downing, a sales associate with Berkshire Hathaway HomeServices Florida Properties Group in Clearwater, Fla. Even basic questions with what seem like obvious answers, such as whether mortgage interest is tax-deductible, could invite trouble, because no two people’s financial situations are identical.
Don’t interpret HOA rules or budgets for clients.
Your client has just decided to buy a condo and now has to dig through a thick stack of paper relating to the rules and finances of the building they want to move into. Explaining what the documents mean and helping your client decide if they’re acceptable might seem like an obvious way to demonstrate your value—but this is work best left to an attorney, Downing advises.
Keep a record of what you say.
Just as having a log of how many miles you drive and where you go can help you at tax time, maintaining an accurate record of what you discuss with clients can prove very useful if you have to recall what you said in the future. Mindful of the fact that he might need to reconstruct the details of a conversation long after it occurs, John Shipman, director of green operations for Coldwell Banker George Realty in Arcadia, Calif., makes a habit of writing down what he says in meetings, along with the date and time. “I’ve always been told by attorneys that if I said something but it’s not written down, it never happened,” Shipman says.
Credit to Sam Silverstein
As a writer-producer for the National Association of REALTORS® based in Washington, Sam Silverstein develops articles and videos for NAR’s members and others interested in its activities, statistics and research.
Is that chocolate ice cream, or something the previous tenant’s baby left behind? Ah yes, the joys of renting a unit with carpet.
While landlords are responsible for ensuring that their rental units are safe and inhabitable, it’s difficult to argue that a dirty carpet is dangerous or makes a house unlivable.
But what exactly is meant by a “unlivable“, and how do cleaning carpet stains fit in?
Aren’t carpet stains considered “normal wear and tear”?
If you, as a renter, are confused about your rights, you’re not alone. This is a common problem, and one that can cause to you live in less than ideal living conditions. Livable conditions typically refer to necessities, such as having a roof over your head, hot water, and heat during the winter.
But you might, for example, be asked to live with a drip in the bathroom or an unsightly stain in the carpet.
Although those problems are pretty minor and are unlikely to be a reason for you to leave your rental property, those irritants can make a living situation unpleasant.
Who Made it Dirty?
Did you, the renter, spill red wine, or drop your spaghetti dinner onto the carpet? If so, then you’ll likely be responsible to fix/clean it.
Even though most of America eats dinner in front of their TV, food spills are never “normal wear and tear”. That’s why we have dining rooms, and if you choose to each on the couch, you do so at your own risk.
…though common, food spills are never “normal wear”
Was the stain there when you moved-in? If so, then the landlord certainly can’t hold you responsible for it – but he also might not have to clean it.
Be sure to document the condition of the property, including the stain, when you move in so there are no issues later. And while it might be unsightly, the landlord still doesn’t have to fix it unless it’s causing a health issue.
Here’s a related podcast episode:
How Much Can a Landlord Charge for Carpet Damage? How Much Can a Landlord Charge for Carpet Damage?
Know the Laws for Cleaning, Maintenance, and Repairs
A stain in the carpet, or generally dirty carpets, do not make a rental unit uninhabitable (obviously); therefore, the rules surrounding whether a landlord has to clean a carpet can seem hazy.
Cosmetic repairs are usually not legally required. But in some cases, such as issues with mold or health risks, landlords may have to make such repairs.
If the carpet stain or condition is a threat to human safety, then the landlord should intervene.
To help you determine whether your landlord is legally required to clean or repair your carpet, you could do some research to see if this is addressed in the following:
County building codes
State tenant-landlord laws
Written or oral promises that your landlord has made
Terms of your lease
If you find out that your landlord is legally required to clean the carpet every X years, or deal with the unsightly carpet stain, then the next hurdle is to actually get your landlord to do it.
Although withholding your rent or using a “repair and deduct” procedure might be allowed by law in some states, it is not advisable to do either because these methods can result in eviction.
Instead, why not try out an alternative to get your landlord to clean your carpet (or make other minor repairs)?
Here are four ideas to get your carpet clean:
1. Speak with Your Landlord
Ask your landlord about cleaning the carpet or doing another minor repair job. Your landlord might be very willing to fix the problem, especially if it prolongs the life of the carpet.
Plus, it shows that you take pride in the condition of the unit and your landlord will likely want to make things better for you.
2. Write a Repair Request
Even if you have spoken with your landlord, writing a letter or an email can be helpful.
It gives the landlord time to think over the request. Additionally, a repair request gives you the opportunity to describe the problem and to explain why it is in the landlord’s best interest to clean the stain in the carpet.
Let them know that the stain may become worse and thus more costly to clean later.
3. Propose Mediation
If you can’t get your landlord to cooperate, you can propose a formal mediation.
This is probably one of the last resorts that you should consider with regards to cleaning carpet stains. But in some cases, contacting a mediation service can be the only way forward, especially if oral and written requests are ignored.
Mediators work with both you and your landlord to come up with a solution that you both agree is fair.
With that said, if your landlord is a slumlord, they will just ignore your request and act like you are crazy.
4. Clean Carpet Stains Yourself
If the landlord is not required by law to clean the carpet stain (which is common), and they are not willing to do so, you could try to clean the carpet stain yourself.
There are many methods to clean carpet stains; one of the most effective is by using a combination of vinegar and baking soda.
Soak the carpet stain with vinegar.
Sprinkle a little baking soda over the vinegar.
Pour vinegar on the pile of baking soda (expect a carpet volcano).
Wait until it absorbs the stain (approximately 5 minutes).
Wipe up the mixture, and vacuum.
This method should remove most carpet stains, so it is well worth a try, especially if your landlord is likely to withhold your security deposit if such stains are evident.
Credit to Jimmy Moncrief
Jimmy is a multifamily real estate investor and bank credit officer. He has written a complimentary bank negotiating guide on how to get around the 80% LTV rule.
Do-it-yourself household projects have become increasingly popular, but home inspectors are finding a host of safety problems caused by overconfident home owners seeking shortcuts. “Home owners now see these DIY TV shows, which make these household remodeling projects look easy. They can go to a big box store and easily get the materials too,” says Randy Sipe, president of the American Society of Home Inspectors in Spring Hill, Kansas. “They think: ‘How hard can it be?’” Howard Pegelow, a home inspector in Arizona and Wisconsin, says home safety is a top priority in his inspections. He looks for loose carpeting, uneven steps, and water temperature extremes, among other common risk factors. Here are additional concerns noted by Pegelow, Sipe, and others in the field:
Look for: insecurely attached railings and wobbling or improperly sized posts.
“Decks shouldn’t move,” says Scott Patterson, an inspector with Trace Inspections in the Nashville area. Wood decks can collapse if they’re not properly attached to the house or if they rely on the house too much for support. “Fasteners can corrode, which could result in failure of the deck. Many times owners are unaware all these problems exist,” Sipe adds.
Incorrectly removed walls
Look for: sagging roofs and ceilings.
Open floor plans are appealing, but not when they overlook structural issues, which can happen when home owners fail to identify load-bearing walls. Pay attention to the age of a home, Patterson says. In newer construction, homes tend to have greater side support, which can accommodate open floor plans. Older homes relied more on the center for stability, which can mean trouble for amateur wall-busters.
Look for: wrong pipes used for connections.
A common error Patterson sees in plumbing jobs comes from home owners who purchase a sink and cabinet from a big-box store and handle the installation themselves. Using the wrong pipes often results in costly water damage. Patterson says he commonly sees flexible, accordion-shaped pipe under the sink for the drain, even though they do not comply with residential plumbing codes. Pipes should be smooth and unridged to prevent clogs or waste buildup.
Missing garage door sensors
Look for: sensors missing or not facing one another.
Garage doors can pose a big safety threat if improperly installed, Sipe says. The safety sensors must be connected and aligned correctly for the garage door to go down, and if it doesn’t, the owner may just uninstall them. Additionally, a poor connection could be the culprit of the sensor malfunction. Sipe says he often sees the safety cable being threaded incorrectly, which could cause it to break and send the garage door door crashing down.
Look for: missing batteries or disconnected alarms.
Home inspectors aren’t always required to test smoke and carbon monoxide detectors, but many do. Municipalities often suggest installing them within 15 feet of the primary entrance to each sleeping room. Home owners often remove them if they start chirping or disconnect them to prevent false alarms as they cook. “Many times I’ll open it up and find the battery is gone,” Pegelow says. “That is a big safety concern.”
Watch for: exposed wiring and overloaded circuits.
Electrical problems often emerge when an addition has been made to a home, such as a basement or attic remodel. Home owners may add two wires to one circuit breaker where there should be only one. Or, Sipe says, he sees amateurs using a wire that’s too small in the breaker, which could pose a fire hazard.
Credit to Melissa Dittmann Tracey
Melissa Dittmann Tracey is a contributing editor for REALTOR® magazine. She can be reached at firstname.lastname@example.org.