Mark Wisterman's Paradise & Lake Oroville Real Estate Blog

Have you ever had one of those days, weeks, or years when you finally get so fed up with something that your head almost explodes. Well, I am having one of those moments right now, in good old Lake Oroville, CA. and I guess I am going to have to be the first one to do something about it since it seems that nobody else wants to.

Below is a letter I just mailed off to the California Department of Real Estate, in the hopes that something can finally be done to bring some of these REO agents back to reality. I am absolutely tired of these agents hiding behind the excuse that a bank owned listing exempts them from doing their job. They must be held accountable for their inaction.

February 16, 2010

California Department of Real Estate

Attn: Enforcement

P.O Box 187000

Sacramento, CA 95818-7000

Dear Sir/Madam:

Over my nearly 16 years in the California real estate business, I have seen a continuing deterioration in the care that many licensees take in the performance of their duties as required by the laws and regulations under which they operate.

With the enormous numbers of foreclosures that have come to the market over the past 3-4 years has come a likewise increase in the number of licensees who fail to fulfill their duties under their license. The biggest violations have to do with the lack of disclosures being made by listing agents for their bank owned listings.

In the past, if an agent neglected to provide me with the appropriate disclosures, a simple phone call to the agent fixed the problem. The missing disclosure would either be faxed or e-mailed to me promptly. This is not the case in today’s market environment. There are an ever increasing number of agents who either refuse, or ignore their duty of disclosure. In particular, many agents are not performing any type of diligent visual inspection, and the problem seems to be growing.

Enclosed are three examples of what we have received in our office lately from agents who have neglected, or ignored their duty to disclose. Each of these from agents representing REO listings.

While it gives me no satisfaction to resort to lodging this complaint with your department, I feel I can no longer sit silently by while our industry continues to shoot its reputation in the foot. I am sure that I will most likely suffer some repercussions from my fellow REALTORS for lodging this complaint, but at some point someone has to stand up for the right thing; not the popular thing.

If there is anything I can do to shed further light on these cases please do not hesitate to contact me.

Yours truly,

Mark S. Wisterman

Broker/Owner

DRE# 01181168

A few years back I had the opportunity to help a nice couple sell their Lake Oroville house. It was a house they had lived in for a very long time. They had raised two children to adulthood there and were now enjoying  visits from their grandchildren.

One day as the transaction for the sale of the property was coming to a close I had occasion to meet with them about their transaction. During our conversation the wife was telling me that she felt bad about selling the property. When I asked her why, she said that she felt sad that she was selling her “home.” At that point I said to her, “You’re selling your house, you get to take your home with you.” She was puzzled by my comment until I explained that her “home” was simply contained within the house. Her home was all the memories she enjoyed in the house. All the photos, the furniture, the keepsakes and all those things hanging from refrigerator magnets, along with all the memories while living there, were all things that she gets to take with her to her next house, to turn IT into a home.

Over my nearly 16 years in the Lake Oroville real estate business I have seen many sellers struggle emotionally with the sale of their property. In fact, so much so,  that it can sometimes actually negatively affect their decision making process. Negotiating from an emotional standpoint is never a good thing.

For some sellers, and prospective sellers, this little bit of advice I am going to give you may not be what you want to hear but I think it is vital to your ultimate goal of selling your property.

The minute you decide to sell your dwelling you need to put it out of your mind that you are selling your home. The thought that you are selling your home needs to be replaced with the thought that you are selling a house. A house is a commodity and you need to do the best you can do to make this your mindset from the time you decide to sell through the entire escrow process.

To do otherwise runs the risk of making  decisions that could cost you the opportunity to sell at the best price. It can actually cost you an opportunity to sell at all.

Nearly every REALTOR® can tell you a story of a seller who was  ‘offended’ by a buyer’s offer because of an emotional attachment to their house. What normally happens in these instances is that the seller will either reject the buyer’s offer or be totally inflexible during the negotiation process, resulting in the buyer deciding to buy a different house.  Inevitably the frustrated seller eventually either takes the house off the market or ends up selling it for much less that the original buyer’s “offensive” offer.

Becoming emotionally detached from the property you are selling can be be very difficult. But, as hard as this may be for some of you to hear or read,  for your own financial well being, is something that is necessary to accomplish.

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We’ve all heard the old saying , “Give them an inch and they will take a mile.” Right?

Well, this has never held more true than it does today in this age of bank owned properties. No, this is not another one of those bank, bashing blog posts that seem to be everywhere these days. Quite frankly it is difficult to tell if the expanding trend of banks REQUIRING  more and more of a potential purchaser before accepting an offer, is the work of the banks or of some of the bank-employed REALTORS® that have hitched their fortunes to their bank-employer.

Let’s take a little walk down memory lane to see what I mean.

Inch #1-In the beginning, banks that owned foreclosed homes simply required that a buyer present a loan prequalification letter with any offer that was made on one of their homes. This seemed fair, as no seller wants to be dealing with a buyer that is not qualified for a loan.

Inch #2- It was then not good enough that the purchase contract stated that the buyer had given a deposit check to their agent. The bank wanted a copy of the check.

Inch #3-Next the major banks required that any prospective buyer be loan prequalified with their bank before they would consider the buyer’s offer. Great way for the bank’s loan officers to try and persuade a buyer to swtich their business to them. Yes, it is happening! Read the rest of this entry »

 It seems that this week’s Lake Oroville real estate market report reflects some ongoing reporting issues the local REALTORS are having with our new multiple listing service system.

It looks as though that the inventory of unsold homes is beginning to increase slightly. This may be an effect of some sellers trying to get a head start on what most people think is the peak selling season of Spring. Hopefully we can get the bugs worked out of our new MLS system soon. Watch for the weekly sales numbers for the Paradise real estate market later this week.

A little while back I posted a blog article regarding the lack of attention that many REALTORS® are paying to their obligation and legal requirement to provide the proper disclosure documents to clients and cooperating agents in a transaction. Not much has improved since then. The biggest violators of the disclosure laws seem to be those agents that are working as agents for the banks.

Before I continue let’s make one thing clear: Not every REALTOR® who is working for a bank is ignoring the law. Most of them are doing what they are supposed to be doing.

There does, however, seems to be a growing number of  bank-hired agents in our area that have somehow come to believe that they are above the law, in fact REFUSING to comply with disclosure requirements. And to be totally blunt about it, I am tired of it. So tired in fact, that it is time to do something about it. Maybe it is time to start naming names on this blog site of those agents who seem to have acquired the arrogance of the banks to whom they have pledged their allegiance, and refuse to do their jobs. Or maybe the Department of Real Estate would be interested in seeing what some of these “agents” are doing; I mean, NOT doing.

Here is an example of what I am talking about:

I e-mailed the local listing agent for the Department of Housing and Urban Development (HUD) last week to ask her to provide me her inspection disclosure. She is the listing agent for all of the HUD owned homes in Northern California. As an agent for the seller she is required to perform what the real estate law calls a “diligent visual inspection” of the property and provide a written disclosure of her findings to my buyer. As the agent of the buyer I to am required to do the same.

Her response to me was that she “normally” does an inspection when she is representing the buyer. But because I was representing the buyer she did not feel she was required to do the lawfully required visual inspection.

We currently have another transaction with an agent from S. California who has a bank owned property in Oroville listed. He too is refusing to provide the results of his visual inspection. Know why? He has never seen the home and has no idea what condition it is in. Being an agent from out of town DOES NOT exempt him from performing his duties. It seems that the longer this foreclosure market continues the more these type of agents cut corners and violate thier ethics. Can you imagine what it is going to be like by the end of the year if something isn’t done to fix it?

So here is how I am going to help YOU become part of the solution. Beginning this week I will be sharing with you the disclosures you can expect to see during your Lake Oroville, or Paradise, real estate transaction. With this knowledge in hand you can begin to demand the proper disclosures from your agent and have just that much more piece of mind about the purchase of your new home.

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The rapid advancement of new technologies in the real estate industry has reshaped how we, as real estate professionals, conduct our businesses. As the onslaught of bigger and better things continues to provide more and more opportunities to represent our clients more fully and efficiently, there is a continual learning curve which confronts those of us who are trying to keep pace with the changes.

But REALTORS®  are not the only ones trying to keep up with all the advancements. Our clients are also working hard to understand how these new technologies affect them.

I think the best illustration of this is in the way sellers are still trying to grasp the way potential buyers are seeing their homes. In the “old” days, before the turn of the century, (around 1999 and before) the way sellers knew how much interest potential buyers had in their homes was from the number of buyers that actually showed up to the home with their agent to view the property.

Today’s technology though, has changed the way we gauge the amount of interest that is garnered by any particular property. No longer can we rely on physical showings to monitor buyer interest. With over 90% of buyers viewing properties online before ever calling a REALTOR®, it now is more important than ever for a listing agent to be able to show his/her client how much the home is being seen in cyberspace.  Without the ability of a seller to see what the level of buyer interest is, it is  impossible for the seller to make an informed decision on whether to make a price adjustment or maybe do a little sprucing up around the house. It is likewise just as difficult for the seller’s agent to know what to recommend to the seller without a COMPLETE picture of activity on the home.

Here are links to three reports that I think each seller of a home should have access to through their REALTOR®. These reports are generated weekly by the companies that provide the service, in my view should be an integral part of every REALTOR’S service to their seller in the Lake Oroville and Paradise real estate markets.

Click on each graphic link and look them over. If it is easier for you I have also included the text link. And be sure to ask your agent to provide these to you if he or she is not already doing so.                        

  Trulia Showings Report      RW Showings Report      REALTOR.com Showings     

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Don’t panic everyone!!!! These numbers do not appear to be accurate this week due to the Oroville Association of REALTOR®, The Chico Association of REALTORS®, and Paradise Association of REALTORS® switching to a new multiple listing service. It appears that some sales have not yet been reported into our new system by some of the Lake Oroville REALTORS®. By the looks of the numbers, I certainly hope that is the case.

Don’t spend much time on this but be sure to check back in next Tuesday to see how we are really doing.

Those of you who know me, whether you are a client, or another REALTOR®, or a friend, know that I take the business of negotiating and successfully completing real estate transactions very seriously. You also know that I do not believe for a moment, that just because someone may have a real estate license or calls themselves a REALTOR®, means that the particular someone is competent, or educated enough to properly represent their clients best interests. Let’s face it, it is way too easy to get a real estate license in this state.

It takes more than a license or the paying of dues to the National Association of REALTORS® (NAR)  to acquire the proper level of competence to do the job. Above all else it takes education and the desire to stay informed of the latest trends, rules, laws, etc.

This is why I am very pleased to announce that each of my associates have thought it important enough to spend the time necessary to join me in completing the educational requirements set forth by NAR  in order to obtain our Short Sales & Foreclosure Resource Certification. This is the ONLY “distressed property” certification recognized by NAR. A certification that, at the time we received ours, had been attained by only 2,500 of the nearly 1 million REALTORS® nationwide.

Through the attainment of this certification we have gained valuable knowledge and have access to the resources necessary to counsel and better guide our clients through the foreclosure and short sale processes. In fact, (here comes the commercial), we are the only office in the Lake Oroville real estate market, and maybe the entire Butte County real estate market, where every associate in the office has earned the certification. Are we “experts” yet? Nope. But, knowing my associates as I do, we are going to be as close as you can possibly be as this market begins to move away from foreclosures and more into the short sale arena.

Oh, just a side note regarding “experts”  in this business. If someone calls themselves that, in most cases you should probably run away as fast as you can. Case in point-There is one REALTOR® in town that claimed in her advertising that she was a “Short Sale Expert” and yet had never, ever negotiated a short sale transaction of any kind.!!!!!!!!!!!

Newly released national existing home sales numbers, by the National Association of REALTORS®(NAR) for November, show exactly what we have been discussing on this Lake Oroville real estate blog for the past few months. The rush to beat the previously set deadline for the federal first time home buyer tax credit pushed sales numbers up for the month.

Nationwide sales we up over 7% compared to last month and a whopping 44% over last November. Keep in mind though that last November we were in the throws of  “financial panic” as the banking crisis continued to grip our attention. The panic caused by the media and the government sent almost all buyers to the sidelines as they waited to see what the next “Great Depression” was going to look like.

In the West, the numbers were also positive. Existing-home sales increased 10.6 percent to an annual rate of 1.46 million in November and are 28.1 percent above November 2008. The median price in the West was $231,100, which is 4.1 percent below a year ago.

With the frenzy to beat the tax credit deadline now behind us, it will be interesting to see if we get the same “clunker effect” hangover from which the auto industry is now suffering. I heard a report on the radio yesterday that said that it may take 5 years for auto sales to return to their pre-recession levels. This after billions of dollars were paid to buyers to bribe them to buy a new car. Hopefully this is not a sign of things to come when the homebuyers’ tax credit expires in April.

Even the NAR is unsure of the effect this tax credit will have over the long haul. Here is a quote from NAR’s cheif economist which I think is interesting. Lawrence Yun was quoted as saying: Read the rest of this entry »

So you just had your offer accepted on a property in the Lake Oroville real estate market that is owned by a bank. Your agent opens escrow with the title company and advises you that the bank’s agent will be sending the appropriate disclosures for your review.

When you finally get the disclosures all you see written across them are the words, “Bank owned, Seller Exempt.” You ask your REALTOR® about the lack of disclosure and he or she tells you that the bank is not obligated to provide disclosures to you because the home was taken back in foreclosure.  Only problem is, that this is not exactly true.

While it is accurate that the banks are exempt from providing some disclosure documents, they are not exempt from ALL disclosure requirements. And your REALTOR is not exempt from ANY disclosure requirements. Unfortunately what I am seeing is banks, and agents alike, ignoring their disclosure obligations by hiding behind the “bank owned”  excuse.

Here is an example of what I am talking about.  The following link will take you to a disclosure a BROKER from another office sent to one of my associates as part of the broker’s disclosures. By the way, I really wanted to leave the broker’s name and office information visible but thought  that even though it demonstrated his incompetence, I don’t want to appear unprofessional.

Click Here to See “Disclosure” 

This document is a form that most REALTORS® are now using to fulfill their duty to perform a diligent visual inspection of a home and report their findings to the buyer. Writing “exempt” across the front of this form does not relieve the broker of his LEGAL duty to disclose and is not a correct use of this particular form.

As a buyer you, and more importantly your REALTOR® need to insist on getting the required disclosures from the seller, whether it be a bank, or not. Don’t continue with your transaction if you are being deprived of your legally required disclosures.

We’ll review what these disclosure documents are in upcoming posts.

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