Tuesday, November 25, 2008

We’re impressed that buyers continue to buy


Cincinnati Area Board of Realtors®
The following press release was sent to the media yesterday at 10:15 a.m. The Cincinnati Enquirer’s
housing sales story is in today’s (Tuesday) paper, on pages A-7 and A-8.
November 24, 2008
1,487 Homes Sold in October;
More Than 16,000 Sold First 10 Months
A total of 1,487 persons or families in the local area became home buyers in October and 16,291 in the first 10 months of the year.
Average selling price last month was $154,640, and for the first 10 months of 2008 it was $165,265. The highest prices for the year typically occur from May through August.
“Naturally, we are a little disappointed the sales numbers weren’t stronger,” said Paul Jacob,
president-elect of the Cincinnati Area Board of Realtors. “But we’re impressed that buyers continue to
buy. They recognize that because of the strong inventory of homes for sale and low mortgage interest
rates, they are in a very favorable position.”
Jacob said that while local home sales are off about 15% this year, that’s a lot better than some
parts of the nation, including California, Florida and Nevada, which are off more than twice that amount.
Local mortgage rates for a 30-year fixed rate loan now average 6.18 %. For October, it was
6.42%. A year ago it was 6.46%.
Jacob reiterated that home sales continue month after month, despite a drawback in some
financial areas, including auto sales. He said, “Realtors sold $2.7 billion of homes from January through
October. That’s because the employment rate in Ohio is 93%. Too many people want to tout the
unemployment rate of 7%. The cup is clearly more than one-half full.”
(more on page 2)
Page 2 of 2
October Home Sales
Summary of Single Family and Condominium Sales
Multiple Listing Service of Greater Cincinnati
Cincinnati Area Board of REALTORS®
October Monthly Home Sales
Closings Gross Volume Average Price
Oct. 2008 1,487 $229,949,993 $154,640
Oct. 2007 1,742 $290,881,436 $166,981
Variance -14.64% -20.95% -7.39%
Year-to-Date Home Sales
Closings Gross Volume Average Price
Jan-Oct. 2008 16,291 $2,692,336,908 $165,265
Jan-Oct. 2007 19,313 $3,378,188,989 $174,918
Variance -15.65% -20.30% -5.52%
30-Year Fixed Rate Mortgage (local)
October 2007 (average) 6.46%
October 2008 (average) 6.42%
Current (Nov. 19, 2008) 6.18%
Go to Web Site

Monday, November 24, 2008

October Sales in Wyoming, Ohio


228 Charles St 68,000 5 2 1-0 FN C Single Family 1 Story
Off Mkt 08/18/08 SP$ 70,000 CD 10/15/08

33 Evergreen Cir 117,500 7 2 2-0 NN1C Condominium 2 Story
Off Mkt 09/23/08 SP$ 107,000 CD 10/24/08

352 E Mills Ave 113,700 8 4 2-0 FN2C Single Family 2 Story
Off Mkt 08/11/08 SP$ 119,000 CD 11/07/08

46 W Mills Ave 165,000 6 2 2-0 FN1C Single Family 1 Story
Off Mkt 10/17/08 SP$ 156,400 CD 11/18/08

340 Forest Ave 199,500 6 3 2-0 FN2C Single Family 1 Story
Off Mkt 10/21/08 SP$ 187,000 CD 10/31/08

15 Linden Dr 183,179 9 4 2-1 NY1C Single Family 2 Story
Off Mkt 09/29/08 SP$ 194,000

493 Flemridge Ct 270,000 9 4 3-1 FY2C Single Family 2 Story
Off Mkt 07/16/08 SP$ 205,000 CD 10/22/08

200 Brocdorf Dr 299,000 10 4 3-0 PY2C Single Family Tri-Lev
Off Mkt 10/03/08 SP$ 217,000 CD 10/31/08

111 North Ave 229,900 8 3 2-0 PY2C Single Family 1.5 Sto
Off Mkt 05/29/08 SP$ 220,000 CD 10/01/08

54 W Charlotte Ave 239,900 8 3 2-0 FY2C Single Family 1 Story
Off Mkt 09/30/08 SP$ 222,000 CD 11/10/08

319 Forest Ave 285,000 9 4 3-0 PY2C Single Family 2 Story
Off Mkt 09/12/08 SP$ 265,000 CD 10/30/08

Information is believed to be true but not guaranteed.
Info via Cincinnati MLS
Go To Web Site

Sunday, November 23, 2008

Survey Shows Rise in First-Time Buyers



NAR Home Buyer and Seller Survey Shows Rise in First-Time Buyers, Long-Term Plans
ORLANDO, November 08, 2008
The latest consumer survey of home buyers and sellers shows first-time buyers have risen in market share and plan to own their homes longer than buyers in the past. The study was released here today at the 2008 REALTORS® Conference & Expo.
The 2008 National Association of Realtors® Profile of Home Buyers and Sellers is the latest in a series of large national NAR surveys evaluating demographics, marketing, preferences and experiences of home buyers and sellers.
Lawrence Yun, NAR chief economist, said a higher share of first-time buyers makes perfect sense, and it’s a trend he expects to grow. “First-time buyers are much more flexible in entering the market because they aren’t concerned about selling an existing home,” he said. “Given low home prices, plentiful supply and affordable interest rates, it’s been an optimal time for entry-level buyers with a long-term view.
“Considering the temporary first-time buyer tax credit and improvements to the FHA loan program, we expect stronger entry-level activity as the flow of credit improves – that, in turn, should free more existing owners to make a trade in 2009.”
The number of first-time buyers rose to 41 percent from 39 percent of transactions in last year’s survey and 36 percent in 2006. “Although modest, this is a meaningful gain for the 12-month period ending at the close of June, and more recent independent data show a stronger uptrend in first-time buyers who are helping to reduce excess inventory,” Yun said.*
According to the NAR study, the median age of first-time buyers was 30, down from 31 in 2007, and the median income was $60,600. The typical first-time buyer purchased a home costing $165,000 and plans to stay in that home for 10 years, up from seven years in 2007.
The median downpayment by first-time buyers was 4 percent, up from 2 percent in 2007; the number purchasing with no money down fell from 45 percent in 2007 to 34 percent in the current survey. “The study covers transactions through the middle of 2008, so we can assume the downpayment numbers have shifted recently because credit tightened and no-downpayment loans all but disappeared around the close of the survey,” Yun explained.
Of first-time buyers who made a downpayment, 69 percent used savings and 26 percent received a gift from a friend or relative, typically from their parents. Another 7 percent received a loan from a relative or friend, while 16 percent tapped into a 401(k) fund, stocks or bonds. Ninety-two percent chose a fixed-rate mortgage.
NAR 2008 President Richard F. Gaylord, a broker with RE/MAX Real Estate Specialists in Long Beach, Calif., said consumers rely heavily on the expertise of real estate agents to navigate the market. “This is the biggest transaction most people are ever involved in, so the qualities they’re looking for in a real estate agent include reputation, honesty, integrity and knowledge of the market,” he said. “Both buyers and sellers want agents to provide context, advice and know-how. The vast majority would use their agent again or recommend their agent to others.”
Only 1 percent of sellers chose an agent based on his or her commission. Forty-six percent report the real estate agent initiated a discussion of compensation, while 24 percent of sellers brought up the topic and the agent was willing to negotiate the commission or fee. Thirteen percent of sellers did not know commissions and fees are negotiable.
Nearly nine out of 10 home buyers and sellers would definitely or probably use the same agent again or recommend him or her to others, consistent with the 2007 findings. The survey shows that 81 percent of home buyers and 84 percent sellers used a real estate professional, comparable to 2007.
Thirty-eight percent of sellers found their agent as a result of a referral, while 26 percent used the agent in a previous home purchase. Similarly, 43 percent of buyers relied on referrals to find an agent, while 18 percent of repeat buyers used an agent from a previous transaction.
The percentage of buyers who purchased a home in foreclosure jumped to 6 percent of transactions in the 2008 survey from 1 percent in 2007. Another 38 percent of buyers considered purchasing of a home in foreclosure but did not, primarily because they could not find the right home.
Commuting costs factored greatly in neighborhood selection, with 41 percent of buyers saying they were very important and another 39 percent saying transportation costs were somewhat important. “Since fuel costs began rising in the latter part of the survey period, it’s reasonable to assume they’ve become even more important to home buyers since,” Yun said. “We’ve heard from our members that commuting costs are playing a bigger role in buyers’ decisions.”
Environmentally friendly features also were important, cited by 90 percent of buyers. Heating and cooling costs were of primary importance, followed by energy efficient appliances and energy efficient lighting.
Buyers searched a median of 10 weeks and viewed 10 homes. Of buyers who used an agent, 61 percent chose a buyer’s representative. Nearly nine out of 10 consider their home a good investment, and almost half see it as a better investment than stocks. Fifteen percent of buyers own two or more homes.
The typical repeat buyer was 47 years old, earned $88,200, purchased a home costing $236,000 and plans to stay in that home for 10 years. Repeat buyers made a median downpayment of 15 percent, but 10 percent paid cash for their property.
The median age of home sellers was 47; income was $91,000. Three-quarters were married couples, had been in their home for six years and moved a median distance of 19 miles. Their home was on the market for eight weeks; 5 percent of sellers who also purchased a home reported selling their home in a short sale.
Forty-two percent of sellers offered incentives to attract buyers, such as assistance with closing costs or home warranty policies. The typical home sold for 96 percent of the listing price, and 86 percent of sellers were satisfied with the selling process. Fifty-two percent of sellers were trading up to a larger home, while 22 percent were downsizing.
The study found that 81 percent of sellers used full-service brokerage, in which real estate agents provide a range of services that include managing most of the process of selling a home from listing to closing. Nine percent chose limited services, which may include discount brokerage, and 9 percent used minimal service, such as simply listing a property on a multiple listing service. All of these types of services are provided by Realtors® as well as non-member agents and brokers. The results are identical to findings in 2007 and comparable to findings in 2006.
Primarily, sellers want agents to price their home competitively, market the property, find a buyer and sell within a specific timeframe.
Home buyers are consistent in their expectations of real estate agents. Buyers thought the most important agent services are helping find the right house, and negotiating sales terms and price. Because agents often are chosen based on a referral, or were used in a previous transaction, two-thirds of buyers contacted only one real estate agent in the search process.
Buyers used a variety of resources in searching for a home: 87 percent used the Internet, 85 percent used a real estate agent, 62 percent yard signs, 48 percent attended open houses and 47 percent looked at print or newspaper ads. Fewer buyers rely on a home book or magazine, home builders, television, billboards and relocation companies. Buyers most commonly start their search process online and then contact a real estate agent.
When asked where they first learned about the home purchased, 34 percent of buyers said a real estate agent; 32 percent the Internet; 15 percent from yard signs; 7 percent from a friend, neighbor or relative; 7 percent home builders; 3 percent a print or newspaper ad; 2 percent directly from the seller; and 1 percent a home book or magazine.
Eighty-seven percent of home buyers who used the Internet to search for a home purchased through a real estate agent, in contrast with 72 percent of non-Internet users who were more likely to purchase directly from a builder or from an owner they already knew in a private transaction.
Local metropolitan multiple listing service Web sites were the most popular Internet resource, used by 60 percent of buyers, followed by Realtor.com, 48 percent; real estate company sites, 46 percent; real estate agent Web sites, 43 percent; for-sale-by-owner sites, 19 percent; and local newspaper sites, 11 percent; other categories were smaller.
Sixty-one percent of buyers are married couples, 20 percent are single women, 10 percent single men, 7 percent unmarried couples and 2 percent other. Twenty-six percent are non-white, 9 percent were born outside of the United States, and 4 percent primarily speak a language other than English.
Seventy-eight percent of all respondents purchased a detached single-family home, 9 percent a condo, 8 percent a townhouse or rowhouse, and 5 percent some other kind of housing.
Fifty-five percent of all homes purchased were in a suburb or subdivision, 17 percent were in an urban area, 16 percent in a small town, 10 percent in a rural area and 2 percent in a resort or recreation area. The median distance from the previous residence was 12 miles.
The level of for-sale-by-owner transactions was 13 percent, up slightly from a record-low market share of 12 percent in both 2007 and 2006. The level of homes sold without professional representation has trended lower since reaching a cyclical peak of 18 percent in 1997.
A large number of these properties were not placed on the open market – 45 percent were “closely held” between parties who knew each other in advance, such as family or acquaintances.
Factoring out properties that were not placed on the open market, the actual number of homes sold without professional assistance is 7 percent – the rest are unrepresented sellers in private transactions. This matches the results in the 2007 study and marks a downtrend from 10 percent sold on the open market in 2004.
The median home price for sellers who used an agent was $211,000 vs. $153,000 for a home sold directly by an owner, but there were important differences between the two. Unassisted sellers were more likely to be in a rural area or small town where sellers are more likely to know potential buyers. In addition, the home was more likely to be a mobile or manufactured home, and the owner’s income was lower than that of sellers using agents.
The most difficult tasks reported by unrepresented sellers are selling within the planned length of time, getting the right price, preparing the home for sale, and understanding and performing paperwork.
NAR mailed an eight-page questionnaire in August 2008 to a national sample of 133,000 home buyers and sellers who purchased their homes between July 2007 and June 2008, according to county records. It generated 10,053 usable responses; the adjusted response rate was 7.9 percent. All information is characteristic of the 12-month period ending in June 2008 with the exception of income data, which are for 2007. Because of rounding and omissions for space, percentage distributions for some findings may not add up to 100 percent.
Go To Web Site

Saturday, November 22, 2008

Why would a real estate agent suggest that a client consult with a real estate attorney in the course of contracting to buy or sell a house?

by James A. Zitesman, Esq
Why would a real estate agent suggest that a client consult with a real estate attorney in the course of contracting to buy or sell a house? After all, when an attorney gets involved there is a chance that the deal will get killed, so why run the risk? The answer is simple; it is fulfilling the fiduciary duty that the real estate agent/broker owes to their client."Fiduciary duty" are two words that are used a lot, but are not always understood. Fiduciary duty is the requirement to act primarily for another's benefit. When we have a fiduciary relationship, it is our duty to put our client's interests before our own. Ohio Revised Code Section 4735.62(G) states, "Advising the client to obtain expert advice related to material matters when necessary or appropriate;" As Division Counsel for the Ohio Division of Real Estate, Holly Johnston-Cook has stated, "It is an express fiduciary duty of an agent to advise his or her clients to obtain expert advice related to material matters when necessary or appropriate. Many of the complaints the Division receives against agents could have been avoided had the agents recommended their clients seek counsel." Several other sections of Ohio Revised Code include the prohibition of real estate agents practicing law. So what is practicing law and what is a real estate agent allowed to do? There have been many court decisions over the last 60-plus years that have clarified these questions.In 1941, the Ohio Supreme Court decided the issue. Real estate agents can fill in the blanks of pre-printed forms with basic information.The problem comes when a real estate agent goes beyond filling in the blanks by inserting contingencies or other terms and conditions. Seldom are today's transactions so simple that all one needs to do is fill in the blanks. The Supreme Court of Ohio in a couple of decisions in the last five years have found the unauthorized practice of law by a title agency preparing deeds without an attorney's supervision and by a CPA firm in providing advice on incorporating. The easiest way to avoid being in the situation of defending against unauthorized practice of law is to have the client hire an attorney during the contracting phase of the transaction. A recent case from the 10th District Court of Appeals in Franklin County, Ohio provides another example of how involving an attorney in the drafting of documents to address inspection issues would be in the client's best interests. In that case, there were problems caused by water intrusion. The sellers agreed to have an engineer do an analysis and provide recommendations. The parties agreed to follow the recommendations of the engineer for suggested repairs. The seller agreed to pay for the repairs. The parties signed an Addendum. By the time of the closing, no repairs had been made. The parties escrowed $3,000. The actual repairs cost in excess of $21,000. The question before the court was what was the intent of the parties?In finding the intent, the Court read the documents. The seller argued that the fact that the parties agreed to escrow the $3,000 should control. The buyers argued that it was the actual Addendum that should control. The Court ruled that it was the Addendum that controlled. While we don't know whether there were real estate agents involved, it was clear that the standard forms from the Columbus Board of REALTORS were being used. But if real estate agents did take it upon themselves to negotiate the resolution of the unsatisfactory conditions without attorneys representing the parties, were they fulfilling their fiduciary duties? Real estate agents should have documented advice to their clients that they need to be represented by an attorney. Clients look to real estate agents to guide them through the process. Just as home inspectors are referred to clients to do home inspections; real estate agents fulfill their fiduciary duty when they refer clients to competent real estate attorneys. Some agents may be reluctant to do so as the attorney might kill the deal. Some deals need to be killed in the best interest of the client. That is fulfilling the fiduciary duty. Remember, it is the client for whom we all work, not the other way around.Bob Miller of RE/MAX Premier Choice of Dublin, Ohio and past-president of the Columbus Board of REALTORS says one of the reasons he recommends an attorney is, "So that an objective attorney can ‘double check' the contract language and make absolutely sure, once again, that the contract is written to the Buyer's satisfaction."Louise Potter of Prudential Calhoon Company REALTORS of Hilliard, Ohio says, "Anything can, and will, happen during a real estate transaction. Having a real estate attorney involved from contract on is the best way to ensure your clients are well protected and fully represented on their side of the deal. A good agent knows it is always best to bring in the experts." Protecting clients by bringing in real estate attorneys, doing what truly is in the clients' best interests and thereby fulfilling the statutory fiduciary duty also protects the real estate agent as well. If the clients are represented by an attorney, the real estate agent does not risk practicing law.
Editor's note: James A. Zitesman, Esq., received his law degree from Capital University. He is a member of the Columbus and Ohio State Bar Associations. Zitesman has conducted numerous seminars for the Columbus Board of REALTORS including the three-hour contract class and the Investor Seminar II and was recognized as the CBR "2004 Instructor of the Year."

Friday, November 21, 2008

ForSaleByOwner.com Statement Misleading

REALTOR.com Listings Still Provided by Agent-Only Access – ForSaleByOwner.com Statement Misleading

A press release issued Nov. 11 by ForSaleByOwner.com contained inaccuracies and misleading statements about its ability to place unlisted for-sale-by-owner information on REALTOR.com, the official Web site of the NATIONAL ASSOCIATION OF REALTORS® claiming it “has become the nation’s first “by owner” real estate website to enable home sellers to advertise their home on Realtor.com without appearing on a local Multiple Listing Service (MLS).”

NAR immediately contacted ForSalebyOwner.com and confirmed that they did not consult with anyone associated with Move, Inc. or REALTOR.com about this announcement. The ForSalebyOwner.com press release was distributed without the knowledge or approval of the National Association of REALTORS® and they have been asked to issue an immediate correction statement.

There are no unlisted properties on Realtor.com. A basis for the claims being made by ForSaleByOwner.com in the press release has not been determined. No relationship exists between that entity and Realtor.com. Listings displayed on Realtor.com continue to be provided by the MLSs, and contrary to the headline, there is NO "agent-free access to Realtor.com".
REALTOR.com is operated by Move Inc.NAR and REALTOR.com are setting the record straight with the following clarifications:

The settlement agreement between NAR and the Department of Justice made no provision to allow unlisted properties, such as “for-sale-by-owner,” to be posted on REALTOR.com.
ForSaleByOwner.com does not in any way enable home sellers to advertise their home on REALTOR.com without broker representation. Every property on REALTOR.com must be listed by a licensed real estate broker.
REALTOR.com has not authorized ForSaleByOwner.com to resell REALTOR.com’s Showcase Listings Enhancement package.
There is no relationship between ForSaleByOwner.com and REALTOR.com.
There are no unrepresented homes on REALTOR.com—every property on REALTOR.com must be listed by a licensed real estate broker, and unrepresented properties would not qualify to be submitted to a REALTOR®-owned and operated MLS.

REALTOR.com has asked ForSaleByOwner.com to issue a retraction. ForSaleByOwner.com did not discuss in advance the statements in their press release with REALTOR.com nor did they request or receive permission to use the REALTOR.com name in their press release.