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Do I need an agent if I am buying new construction?

This particular question has caused more controversy in real estate than almost any other. In most cases, the agent working for the builder has a listing contract with the builder that is very similar to the one you sign when you list a home for sale. There is an agreed upon commission that will be paid for each home that is built regardless of who brings in the buyer. Just like when you list your home for sale the agent has agreed to share part of that commission with another agent that brings a buyer that ultimately builds a home and closes. So, if the builder representative does not have to pay another agent, guess who gets all the money? You got it, the builders rep. This is commonly known as a hogger. You figure it out.

Now let’s talk about representation, this gets a little tricky since each state is different but there does seem to be a common thread throughout the country. I will speak to Minnesota and you can do your own due diligence for your particular state. Going back to the fact that the representative for the builder has a listing contract with him/her, that contract is actually a representation contract that talks about compensation in it. Part of the contract requires that the representative gets the best price and terms for the client (builder). Their job, in essence, is to pull as much money as they can out of your pocket. In Minnesota you do have the option of having the builder’s agent represent you as well, known as Dual agency. This reduces their abilities to basically a facilitator, which doesn’t help you a whole lot.

There are times when the builder has chosen to represent themselves, kind of like a For Sale By Owner. I have run across several of these in my career where the builder tried to “give them a discount” if they didn’t use me and a couple have actually chosen that route. In both instances the mistakes that were made far outweighed any potential commission paid. Understand that I am not saying that all builders are bad or malicious in their intent more so it helps to know that they are looking at the project through a builders eyes, they will always look for the more efficient way to do things ultimately saving time and materials. Unfortunately, they are not always tuned in to what is needed and expected for the price range of the home you are building. A good Realtor will always look at the home you are buidling with an eye for what it will be like when it comes time to sell the home combined with their knowledge of what is important to you. In both instances above where the client chose to deal directly with the builder when the time came to sell their home there were definite design flaws that cost my client far more than any perceived commission savings.

I have talked a lot about the perils of not using an agent in a new construction transaction, what about the benefits? If you have chosen a good Realtor that has taken the time to understand what you are looking for in your new home they will help you make design choices on the layout asking in-depth questions about your day to day life. I don’t think you will ever get it 100% right yet there is nothing worse than getting into your new home and realizing that the traffic pattern from the kitchen to the dining room or family room is annoying and if only you had known that a couple of feet adjustment on the center island would make all the difference in the world.

The other significant benefit is understanding that the builder makes their best profits from the upgrades. We are talking about those things that are not included in the base price like fireplaces or air conditioning as well as upgrading from the base package of flooring and countertops, light and plumbing fixtures etc. If you have an agent that is knowledgeable they will be able to help you make decisions on what you have the builder do and in lots of cases what you may want to do after you move in can save you thousands. I am certain that each time I represent a client this one area becomes a significant saving. The bottom line from my perspective falls right in line with the saying “penny wise and dollar foolish”. I understand trying to be frugal but with a transaction of this size and the consequences of making some choices costing thousands of dollars and headaches in the long run, I don’t know why you wouldn’t want someone on your side.

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Winning in a Multiple Offer Situation


In many of the markets across the country and certainly here in Minnesota multiple offers are far too commonplace for buyers.  They can become quite frustrating and be discouraging, especially if you happen to be one of those buyers that has lost out on several homes.  I have heard of as many as ten (not any of our clients) offers without getting one accepted.

So, then how is it that we have three buyers in one month get into multiple offers and we get the home each time.  The first time.  Those are more than just lucky odds and I can assure you that we were not the highest bid on at least one of them and still got the home for our client.


So you may ask, how do you do that?

In multiple offer situations how do you and your clients beat the odds by such significant numbers?  I think it starts by understanding the situation we are in and it can be hard to accept.  We all want to feel like we got a good deal and the negotiating back and forth can be both nerve-racking and fun.  There is just something about the idea of being able to get a seller down from their asking price.  Maybe it just makes us feel better about that big purchase we are making. The first thing to get your arms around is that you have one shot to put your best foot forward, the seller is typically going to look at all offers side by side and choose the one they feel is best for them and their situation.

Price is usually a significant factor yet not the only one.

We start by trying to extract as much information about what the seller is looking for, closing date, any personal property they want to sell or leave, are there any emotional connections we can put together, such as kids, where they grew up, attraction to the area etc.  Next we are going to look at other factors like amount of time allowed for us to do our home inspection, just by shortening that timeline up by a couple of days can be a difference maker.  Are you pre-approved with a reputable lender?  The real estate industry can be very small and tight knit, having someone with a great reputation handling your financing will go a long way with the seller’s confidence in your offer.   Communicate to the seller that we are only looking for major issues on the home inspection, one of their biggest fears is they are going to choose you as a buyer and then you are going to give them a “laundry” lists of items that you want done.  Most of them being general wear and tear issues of a used home, like caulking around doors and windows, etc.  Obviously if there are issues that affect the value or use of the home they need to be addressed but far too often the buyer uses the inspection as a second chance at negotiating, which in my opinion is not in good faith.


Let’s talk about offer price.  This is a tricky one and the best advice I have for you is to realize that you have one chance to lay your best foot forward and somewhere inside your head you have a number.  It doesn’t have to make sense.  It has to be a number that if you don’t get the house, you are okay because there was no way you would go higher.  On the flip side if you would kick yourself because you would have gone a little higher but your pride is getting in the way, take a deep breath and pick your number you are okay with and move forward, don’t look back.


The biggest key is to remember that your offer is a package that we put together and it takes someone with a good understanding of what makes a good package and the ability to carry through.

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The One Mistake That Can Cost You Thousands When Selling Your Home

Over the years we have heard all kinds of different perspectives from our sellers all in the hope of being able to avoid deferred maintenance or general updating.  In today’s world of fix and flip or love it or list it shows and numerous other programs that are about getting a home ready for market and how to bring the best value, I am surprised to hear this question at all.

So what is the question?  Here it is.  We are just going to let the new buyers handle the things that need to be done.

What happens if we make the wrong choice?  Then there is usually a dissertation about how there is no way they are going to put any more money into this house.  I understand it, I do, mentally at this point most of us have begun to move on and this place that has been our home for so long starts to lose its emotional appeal and it is hard to pour into something we are planning on leaving.


It is also hard to define exactly how much more a seller is going to make if he/she does these items, even though as an experienced Realtors we can come up with some pretty solid evidence on why the work should be done and what the ultimate end result will be.  The truth is there is never a guarantee and markets change weekly if not daily, so what is true about our market today most likely will not be true next week.  We have been fortunate to be in a positive run for sellers for the past few years, that will change.  When we were in the middle of the downturn this truth was amplified, there would seemingly be little surges in the market that would last a week or so and then we would go right back to little or no activity. We counseled several of our clients to get their homes on the market when we saw these surges begin and got them more money than they were expecting.

I can’t tell you how many clients have said to me after I have explained this, that while this makes sense they would still rather just leave it up to the buyer and this is what I have come to say.


Every time you hear yourself say, I would rather have the buyer choose, or I am not putting any more money into this place or …..  I want you to visualize yourself reaching into your wallet, taking out money and throwing it out the window.  Did I hear you say yeah, but can’t they just look past it, this is a good home.  Reach back into your wallet again, take out some more money and throw it away or better yet, why don’t you just give it to your potential buyer.  Consider the fact that they will discount your home even more than the updates needed every time, so you are giving them additional equity.


Now, I have had clients fully understand the concept I have laid out here and still choose to not do the recommended updates.  They were at a point where just getting the home on the market and getting it sold was more important than any potentially lost equity.  I can tell you that once this concept was honestly understood most of our clients choose to get the home prepared.


I do also think that sometimes it is just not knowing who to call to get the items done, the thought of trying to find all the necessary contractors to get the work done seems like a trip to the dentist for a root canal.  That is where we can come in and help a great deal, we have a long list of people we recommend and can help coordinate quite easily.


The other thing we can run into is that seller just doesn’t have the available funds to get the work done.  We have negotiated with some of the sub-contractors to agree to get paid at the closing table out of the equity in the home.


I highly encourage our clients to do is call us when you first start thinking about selling, taking the time in advance to go through your home and make suggestions on what to do will result in not only more money in your pocket, it will also make the sale much smoother if you give yourself more time.


Please, don’t take everything that you see on TV as the absolute truth, we also run into sellers that call us in when they are ready to put their house on the market, they have watched “the Shows” and have done some things we would have never recommended and ultimately have cost themselves several thousand dollars and more.  Remember that every geographical market is different, and each price range is different with their own specific expectations.

The bottom line is to consult a good experienced real estate agent BEFORE you do any work.  It will make you and save you money.  I guarantee it.

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