BuyingCommentarySelling February 27, 2024

It’s February in New York, so Let’s Talk Swimming Pools

Swimming pools are probably the last thing on most peoples’ minds but we are still selling homes that have them, and this thought is a bit overdue.

Swimming pools are an improvement, so they add value to a property. They can’t not add value presuming they are in working order, but there’s a but. The “but” is that while pools do add value to a property as an improvement and amenity, they also reduce the number of prospective buyers. There are two chief reasons for this.

The first reason is that, simply put, some folks aren’t pool people. It’s not their thing. They therefore aren’t interested in the added work, expense, and maintenance of a pool. And believe me, pools are all of those things. They represent an additional layer of duties, they come with extra costs, and they require maintenance from the homeowner, a pool company, or both. If you aren’t into having a pool, you will never want that additional layer of headaches like pool furniture, pumps, chemicals, safety precautions, and 100 other joys of ownership.

The second reason is safety. In 2007, when we were looking for a larger home with a 4th baby on the way, we did find one home that checked all the boxes in New Castle out by Millwood. It was an awesome colonial, it had wooded acreage, a woodburning fireplace, a 2 car garage and a full basement. But my kids’ mom vetoed it immediately when she saw that large inground pool in the back yard. Our son had just been diagnosed with autism, and there was no safety precaution in the world that would give us more peace of mind than the simple absence of a large drowning hazard in the back yard. We passed on it.

There is a lid for every pot, so I’m not down on pools despite their smaller “pool” (sorry) of buyers. I’ve never not been able to sell a home due it is having a pool. But over the years the question has been asked, and I think buyers know that the arguments against a pool may not justify a lower price, there are still enough pool people out there to find them worth the money and the additional responsibility.

Real Estate TipsSelling February 22, 2024

Price Changes Are No Longer Guesswork

When I was first licensed in the 1990s, if a house didn’t sell for a period of time like 30 or 60 days, we would often reduce the price. Sometimes it was because we had too few showings, or because the showings we had didn’t yield any offers. On occasion, some home sellers would voice concern at a price change because no one had seen the house to give them price feedback. We’d have to explain that the feedback was the actual absence of showings. It wasn’t a truly data-driven process, however, because we had no means of measuring who saw the house either through their agent’s analog means (like seeing it in a broker’s binder) or advertised in publications and passed on it. We did have ample evidence that once a price was reduced, that the market responded.

It’s very different today. We have a number of digital means of measuring the interest -or lack of it- in a listing based on online metrics.

A few examples:

  • Web traffic. We have access to dozens of websites that can inform us how many people have viewed the property, saved it, and if they viewed it multiple times. Zillow, Trulia, Realtor.com, our own website, and our client platforms all have some form of revealing the listing’s performance.
  • Saved or Bookmarked listings. The same online assets can also tell us how many people added a listing to their favorite or saved list.
  • Proprietary client portals stats. Often when a buyer client is working with an agent, that agent’s brokerage has an online client platform (ours is called RealScout) that tells us when a particular listing is opened or saved. This is not like raw web traffic. These are active clients who have a representation contract with an agency and have a login to a concierge type site that gives us rich data on a listing’s performance.
  • Predictive analytics. This is crazy stuff. The program uses big data and is enhanced by AI, and can give us a far deeper dive into activity around a listing, and also tells us how many registered clients would likely save or match up with a listing by an algorithm fueled by web behavior. Simply put, it will tell me that a listing will garner 40 interested parties at $840,000 but 65 interested parties at $799,000. This is extremely data-driven and granular.
  • Reverse prospecting. This is in the back office of the MLS and gives a listing agent a list of every instance where a fellow MLS member has sent this listing to a client.

Given that with virtual tours, floor plans, high resolution photos and even drone imaging every listing is virtually an open house online 24/7, we can therefore see if the listing’s performance is in sync with the online metrics, or if a price reduction is in order. Let’s take, for example, two similar listings with comparable characteristics; one is priced at $699,000, the other at $729,000. The 699 home has 500 unique views, 25 favorites, 20 showings the first two weeks, 35 reverse prospecting matches, and 2 offers. The 729 house has 350 unique views, 3 favorites, 8 showings the first 2 weeks, 15 reverse prospecting matches, and one offer below asking. It doesn’t take much to conclude that $729,000, even in this market, is too high.

If a home is under performing on the market, the seller should ask their agent to see the data on the home’s online metrics with consumers. The agent should be able to compare their performance with a comparable property, and even use the predictive model to see what would change with a price improvement. The math defines the path- armed with data, the agent and client should be able to know what the best move should be for pricing.

Upon occasion, we are asked by the seller if the perception of the public will change with a price drop. The concern is that the seller might appear desperate or something like that. Soon, I will write a piece on the things we overthink in this industry. That question will be prominent. In this market, those fears evaporate when the buyer competition heats up with a correctly priced listing.

Commentary February 21, 2024

How Online Reviews Have Impacted Real Estate Agents

Back in 2009, I was approached by Redfin to help them enter the Westchester real estate market as a referral partner. They did not have employee agents here, so referring clientele to other brokerages would be a win/win arrangement to start. I was eager for any new source of business, and took a closer look. Part of their vetting process was to survey my past clients, which was fine, but to also publish my client’s reviews online.

My reviews were very nice, which was gratifying, and for the few years I acted as a Redfin referral partner agent I compiled more good ratings. It was all within their ecosystem, and while it was a tiny bit nerve wracking to wait for the responses, they were all positive.

Enter Zillow.

In late 2010, Zillow announced their own agent review platform, and it was different. Unlike Redfin, which surveyed their own clients’ transactions, Zillow’s reviews would be open to anyone. This concerned me. I wrote in the linked post a worry that the integrity of the reviews could be compromised by competitors and people gaming the system with bogus reviews, among other things.

Well, Zillow did the right thing and ensured that controls would be in place to prevent fraud. And here we are 13 years later and agent reviews are ubiquitous- Zillow, Google my Business, Facebook, and Yelp, to name the most recognizable names. These days we train our agents to get as many reviews as possible. How far we’ve come from the time when 20 reviews was considered a high amount, and my Zillow profile just got my 400th review.

The public now expects reviews for agent just as they do on Amazon products, Uber drivers, or restaurants. Looking back, I think the angst was more about the pain of change than worries that we’d get bad reviews. Real estate is a funny business- anytime transparency is introduced, the address, price or marketing history, and these days the agent commission, people worry that we’ll lose our value proposition. But we’ve never been good gate keepers, and more people use agents to represent them than before the Internet became prominent. The truth has never been our enemy.

Commentary February 20, 2024

Living Indoors is Not a Fad

In some respects, the housing market is like the biggest, longest domino set up in the universe. Chances are, with rare exception like the purchase of an empty house, that the person you are buying your home from is going to be moving somewhere that someone else moved out of, and they in turn are going to move somewhere where someone else is moving from, and so on ad infinitum.

Part of our job as agents as a matter of fact, is coordinating the move out and move in for clients, and it can get a little complex. But the bottom line is when someone does move out of a residential domicile, they are moving into another residential domicile.

Not an igloo.
Not a nomadic wagon caravan.
Not a houseboat.
Not a teepee or wigwam.
And no, they do not begin a new life as an avid camper.

So it amuses me when another agent is taken by surprise that the logistics of my clients relocation might have an affect on their client’s plans. We as agents don’t set closing dates in New York- that is left to the attorneys, lenders and title companies.  But I  have to have these discussions with my counterpart agents nonetheless. It’s like setting up a lunch date with an old friend.
How’s next Monday?
Oh, Mondays are bad, what does Tuesday look like?
Tuesday is fine with me.
Great! Tuesday it is.

This is not rocket science. But sometimes we make it harder than it has to be.

This text exchange is an example of what I’m talking about. The other agent sent me a text stating that we should be closing in January, to which I replied that we are not, because my clients would not be moving until February. Somehow this caught them offguard.

Bless this agent’s heart. As I’ve said before, it is difficult to explain these things without sounding sarcastic. My clients had a choice: rent their next home or buy something. They chose to rent for the time being. Renting is far less involved than buying, so I’m unclear as to why the fact that they are renting was such a curveball.

BuyingCommentarySellingUncategorized February 19, 2024

Sale Contingency vs Closing Contingency

People live indoors. Its hard to say that without sounding sarcastic, but I am sincere.

It should not come as a surprise to a seller or their listing agent that their purchaser is selling their own home, especially if they are in a higher than average priced property. I shouldn’t have to explain, for example, that the purchaser of a $2 million property (and I count 678 listings in Westchester along active, pending or closed in the last year between $1.75M and $3M)  isn’t living with their parents or on a month to month lease of a small apartment. They probably live in a home they own that is less than $2 million (or in the case of the super affluent, downsizing from a $4 million home).

It’s therefore very common for a home buyer to also be selling a home they still own in order to buy their next residence. Sellers shouldn’t be alarmed by this. It’s perfectly understandable for the purchase to be contingent on the sale of the buyer’s home. But the devil is in the details.

There are two distinctions that need to be understood:

  1. Contingent on closing. These buyers have buyer for their home already. If the home isn’t under contract yet it at least has a meeting of the minds with a ready, willing and able buyer. But a signed contract is preferable.
  2. Contingent on the sale. They don’t have a buyer yet. This is not preferable, even in a hot market.

With a closing contingency, there is no uncertainty about the salability or likelihood of closing on the buyers’ property. There’s a buyer. We have a reasonable expectation of success.

With a sale contingency, there is uncertainty. It could take months to find a buyer. It might be overpriced. The buyers might not be truly motivated and have an unrealistic price on their home.

A closing contingency is normal and no big deal.
A sale contingency is not optimal and in many cases downright risky. I would never advise a seller to accept an offer like this unless I had significant assurances that the house the buyers are looking to sell is going to sell. Those assurances could mean that I am, I manage, or I know the listing agent on the contingent home.

Please do bear in mind that this is coming from a broker’s perspective, and that you should consult with your attorney on contractual matters and verbiage, always.

BuyingCompany NewsMortgagesSelling February 18, 2024

Buy Before You Sell Program is Now in New York

The conventional wisdom for people with a house they own who want to buy a new home has always been that they sell their current home before they made an offer on a new home because no seller wants a “contingent” deal on their sale. Also known as a Hubbard Clause or a sales contingency, it has always posed a risk for a seller because their sale depends on their buyer finding a buyer of their own. As a listing agent I’ve even had newer agents tell me that once my seller client agrees, their buyer will list their home for sale. Since it’s always been easier to buy than to sell, that seldom worked out.

Times have changed. Many people who might otherwise want to sell don’t, because they have no idea where they will go once they get a buyer for their home. This is common because inventory is so cartoonishly low. Therefore, they want to find something before selling their current home. Given that we are in a strong seller’s market, many sellers are now Ok with this. But the challenge is often that the buyer’s money is tied up in their current home’s equity, and they cannot always even make the earnest money deposit required to secure their purchase.

The solution in some cases is to secure a bridge loan, but that isn’t always a simple or easy process as some clients of mine recently discovered. I’m pleased to share that Howard Hanna and their subsidiary 1st Priority Mortgage have the solution, the Buy Before You Sell program. It allows people to start the purchase of the home they want while it’s still available by tapping into their current home’s equity with a 90 day deferred interest bridge loan.

Here are a few more key points I’ve been furnished with by my colleagues about the Howard Hanna Rand version of the Buy Before You Sell program for Westchester, Putnam and surrounding counties:

  • Allows the buyer to take Advantage the equity in your current home, now rather than later
  • Specialized tool for our family – Existing property must be listed with you and will use you to purchase their new home plus use 1st Priority for their mortgage
  • Property needs to be in a licensed state
  • Out of pocket expense less than $400 at time of application; appraisal and credit report
  • Drive by appraisal only on current home
  • Low rate of 8%  and payment is  interest only
  • Max Term 1year
  • Payments deferred for 1st 90 days (interest accumulates)
  • If loan closes within the first 90 days, we will issue a payoff statement for principal amount along with per diem amount of interest
  • Existing home to be listed prior to closing with a Howard Hanna agent

Those terms and small print are pretty reasonable and simple. This is for Howard Hanna clients whose home is listed with one of our brands (locally Howard Hanna Rand in Westchester and Hudson Valley or Howard Hanna Coach out on Long Island) and is through 1st Priority Mortgage. I’m a fan of this program; so many people out there would love to sell, but they simply don’t know where they can go! Since moving is a big enough project to begin with, a short term rental or just uncertainty of the next destination or not viable options. This takes the uncertainty out of the equation.

The loan officers who I’ve worked with at 1st Priority are industry veterans whom I have known and respected as professionals for many years. It’s always a pleasure to work with them and my clients have always been  in good hands. They also do a great job at keeping our agents informed on the mortgage market, which is incredibly helpful.

If you are thinking of selling but concerned that you aren’t sure where you’ll go, this is a program worth looking into. Call me at 914.450.8883 and I can walk you through it.

Community News February 15, 2024

My Visit to the Sunshine Children’s Home

In 1962, my older brother Paul, then just 4 years old, got gravely ill and was rushed to the hospital.

He would not come home until a year later. His life would be an odyssey of living with diabetes, kidney failure and dialysis, a urostomy most of his life, and all that comes with those conditions. He wasn’t the type of guy who let such things stop him; he graduated from Cornell University and had a successful career in the hotel industry before his untimely passing in 2005 at age 47. While this is not about him, the experience of living with someone with such challenges, and the stories I heard about the hellish year on my family when he was hospitalized always stayed with me.

In 2015 I was asked to attend a hearing at the Town Hall of New Castle, NY to hear local residents speak on the expansion of a local children’s hospital, the Sunshine Home. I expected formalities. The expansion of a children’s hospital didn’t strike me as something anyone would oppose.

I was incorrect. While the location of the facility was a 34 acre property in a wooded, sparsely populated area of town, a small number of nearby homeowners were vocally opposed to the project. I will not devote more words than the opposition deserve. It was one of the uglier displays of NIMBY (not in my back yard) I’ve ever seen. I supported the project and spoke publicly at the hearings to dismiss the absurd argument put forth that property values would “plummet.” The other arguments against struck me as contrived and implausible.

I will digress just a moment and observe that I was right about values. In the 6 months prior to that 2015 hearing, homes within a mile of the Sunshine Home had a median sale price of $417,500. Today the median price in the last 6 months in that same footprint is $954,000. That’s right, the median sale price more than doubled. Not only that, sales volume was slightly higher this year.

This past week I was contacted by the Sunshine administration and invited to take a tour of the nearly completed expansion. I was able to walk through with the director and got a tour of the magnificent job they did. In addition to increasing the bed count from about 50 to over 120, the resources available to the patients and their families are so extensive and first class that even my big mouth can hardly do it justice. The physical plant itself doesn’t feel like a hospital. It is a bright, airy, colorful lodge.

It weas surreal to see the improvements. The room for haircuts is a full service spa. The rehabilitation facilities are state of the art. Many medical resources that otherwise would have required transport to outside facilities are now available on premises. The patients even still go to school, in house. Outdoor space is filled with recreational structures, water works, and places for families to sit together and spend time. The sensory gyms are amazing, with interactive electronic touch displays. There is aquatic therapy. The walls and visuals are anything but drab and institutional- it feels more designed by Willy Wonka than the expected utilitarian feel of a hospital. The utility is still there- it’s the presentation, however, that makes such a huge difference.

Their website has more visuals than I can post to do it justice, and when you do see what they have done, you should feel some gratitude that you are only an observer. Parents with a child here are in some of the most difficult times of their lives, and the entire setup is geared toward easing their burden as much as possible. I felt emotional walking through the halls and having the upgrades and additions explained.

And throughout the tour, I was exposed to dozens of professionals doing the work of the angels with these children, some as young as preemies. Everyone was smiling and on their game, engaged with making a difference to the child patient in their care.  I could imagine what it would have meant to my parents to be able to have my brother in this setting, and what support the parents of the current patients must feel.

I am gratified that I was able to make my small contribution to making this a reality.

BuyingFor Agents February 12, 2024

Buyer Agents and Due Diligence

I’ve posted many times that people seeking to buy a home should use a buyer agent. The transaction is too expensive and complex to not have your own exclusive representation. Recent events have inspired me to address buyer agents themselves, as the role is a huge position of trust from the client.

Buyers don’t need a buyer agent simply because they can open a lockbox and facilitate an offer. To do their job properly, buyer agents have an obligation to perform due diligence on the property they represent their buyers on, and sadly I’m not seeing that all too often. Buyers should expect that their agent will do verify a significant amount of information on behalf of their client:

  1. Building department. The agent should get their physical selves to the municipality’s building department and check the full file on the property- the property card, the certificate of occupancy, any open permits, and in short make sure that the building department data on the house matches what is in the MLS. If the number of bathrooms is off, or there is no CO for a finished basement for example, the client needs to know.
  2. Tax Verification. The agent should call the tax assessor and get the true tax figure on the property for the current year. “True tax” means it is the official bill before any discounts, like STAR or veteran benefits.

These are at minimum. I wrote recently the importance of the home inspection, and a good buyer agent should have a solid contact list of not just inspectors, but all affiliated resources in mortgages, attorneys, title, contractors, and other related industry partners.

Why am I saying all this? Don’t buyer agents already do this stuff reflexively?

Sadly, no. Too many buyer agents rely on what the listing agent provided on the MLS listing, and that’s inviting trouble. I’m not excusing listing agents for inaccurate information, but the system breaks down when it doesn’t account for the necessary checks and balances of human error.

I’ll explain how easily this breakdown can occur. There are hundreds of data inputs required when a listing is uploaded into the multiple listing service. Many of the fields have either drop down menus of pre-loaded choices or long lists with boxes to check.  There are 16 options alone for heating type, including “radiator” and “radiant,” which are distinct from each other. Recently, we had a listing with oil heat erroneously checked as “oil tank above ground” when the correct choice should have been “oil tank below ground.” The mistake was discovered in early quality control and rectified. Unfortunately, an agent who submitted an offer on the property printed the listing on a sheet of paper, submitted an offer, and never verified anything at the town building department. That agent’s client made an offer that was initially accepted, paid for a home inspection, and spent a week of their life in the early stages of the process before discovering that the oil tank was in fact buried below ground and would require testing.

The buyer withdrew their offer, and the seller fortunately had another offer waiting in the wings that was acceptable also. But the backup offer could have gone south in that week, and the seller could have been in a compromised position. That buyer wasted time and money on a home they could have passed on had their agent done their job and gone to the building department like they should have. Their excuse was that they lived too far from the property to do so. The cascade effect of lost time, lost money and potential loss of a sale spread out over half a dozen parties: the buyer, the seller, their respective attorneys, and the other parties with offers on the property. This was all because that agent couldn’t be bothered to drive to the building department.

This was a mistake that was caught early, but I’ve attended closings where the buyer has been surprised by higher taxes than they expected, homeowner association fees they weren’t aware of, and in some cases, no certificate of occupancy for improvements made the the house they they were now on the hook to legalize. In all of these cases, their buyer agent was paid a commission. I know that in many municipalities in Westchester and Putnam Counties that the building departments don’t have records online, and in some cases an agent has to file a FOIL (freedom of information law) request, but that’s the job. You can’t cut corners.

In my feistier moments, I have explained to my own team that they can’t expect to be paid just for opening the door, filing a few papers, and holding the client’s hand for a few weeks. They have to treat the due diligence as if they were buying for themselves.

Any consumer who considering hiring a buyer agent or working with one now should ask the agent what they do for advocacy, and that should include the crucial component of due diligence.

“Trust but verify.”
-Suzanne Massie

Home Improvement Selling February 11, 2024

When DIY Comes Back to Bite You

Sellers have an extreme advantage in the current market due to the lack of competition. But even that has limits.

One a recent walkthrough of a home, a buyer client and I noticed a few things that a smart seller should consider. The home appeared to have been off market just under 3 weeks after an accepted offer was disclosed, then returned to active status. It appeared that a deal had fallen through. That will always make one curious.

This was clearly being sold by someone who was into do it yourself projects on the property. There was ductwork for central air that was not utilized. There were split units on many walls, part of an extensive system that was hard to piece together for us. A separate flue had been added to the heating system that was unused. There were drainage grates on one side of the house with electrical wires going down into the drain itself. The basement workshop appeared to be an active one, with pipes, hoses, and registers and systems that appeared to be connected to the split units. Outside, electric cables were run alongside the house, partially enclosed with downspouts.

I could go on, but you get the picture.

My failure to recognize a particular setup (or, in this case, half a dozen setups) doesn’t mean it is not kosher, not properly done, or not up to code. But in putting the pieces together, evidence of an offer going south after inspection, dormant duct systems, other systems that were hard to follow, and a very aggressive price for the type of home, it seemed at the very least that whatever this homeowner saved over the years in the upkeep and stewardship of the home was more than lost, to the tune of tens of thousands of dollars, in market value.

Saving money in the short run has always been a catch-22 in real estate in the long run. People who hide income to save on taxes learn that they can’t qualify for a mortgage on a house they could otherwise afford. Home improvements completed without permits to keep assessed value down end up having to legalize those improvements at great expense, sell for below potential market value, or both. And do it yourself afficionados sometimes realize that they should have hired a professional.

I don’t know the full picture on this particular listing, nor does it look like I ever will, but the point remains that doing it yourself is very good for some facets of life smaller in scope than housing. But for the largest asset that most people will ever own, DIY should be approached with significant caution.

 

Buying February 9, 2024

Waiving Home Inspection vs “Inspection for Informational Purposes Only”

The following is a list of good reasons for a buyer to waive their home inspection:

  1. Never
  2. Waive
  3. Inspection

I’ll table the inspection of apartments for now, condo or co-op. They are a different category from a house on land.

In short, even if a client signs a form holding their broker harmless and indemnifies them from liability, I am uncomfortable with waiving inspections. Yet in the hot market of recent years I’ve seen buyers waive inspections fairly frequently to get their offer accepted by the seller. I understand the rationale. When I am on the listing side, that’s great for my seller client. But if my brokerage is representing a buyer, there isn’t a piece of paper in the world I am OK with a client signing holding my company harmless if they waive their inspection. The risk of not inspecting something as expensive as a house is too high to chance it.

There is a small exception if the buyer intends to dramatically rehabilitate or knock down a house. But in those cases the buyer is really more of a developer. Unless you are a contractor intent on significant renovation of a fixer upper, you’re absolutely nuts not to inspect. For Ken and Barbie buying their house that they’ll move into the day they close? INSPECT.

It’s not just a case of liability as a broker for me. I have a conscience. I am being paid to advocate for clients who will live in the home with loved ones and live their lives there. I could never live with myself if I sold someone a lemon or a money pit when my advice could have prevented them from that harm. I don’t care if it’s a brand new build covered in Saran Wrap and smells like vanilla potpourri. Professional eyes should be brought in.

As a brief aside, house inspections aren’t simply for finding defects, they are informative as hell and are almost a class in home maintenance. Some agents find them boring, but if you put your phone down and imagine yourself as the buyer, they can be fascinating.

In the past few years I have seen buyer agents quasi-waive the inspection with the carefully worded phrase “inspection for informational purposes only,” which suggests that the buyer will not object to anything discovered in the perlustration. I’m closing on a listing in a few weeks where the buyers stated that very thing. They demanded $60,000 off the price after the inspection. While I think that is pushing the envelope of rationality, they obviously didn’t waive the inspection. My sellers ultimately settled with them with some adjustments after discovery, and they weren’t happy about it, but ultimately they are protected too. New York is a caveat emptor state, and if the buyers tried to litigate over something after the closing, the sellers would have significant advantage from the fact that the inspection was completed, regardless of what the buyers promised.

What’s important to realize is that in Westchester and the surrounding areas, inspections are done before contracts are even sent out by the seller’s attorney. This is very different from just about everywhere else where they are the first contingency of the contract. I’m no lawyer, but it seems obvious that in the absence of a signed contract, either party can back out because nothing is signed. If I had a buyer who had an “informational purposes only” on their inspection contingency, they might be stuck.

I’ve been on both sides of this. I can understand why a seller would prefer an “as is” sale where the inspection is waived. But we also live in a world where people litigate, and as inconvenient as the inspection might be for the seller, it is also a defense for them if the buyers come after them later on after the title passes.

I look forward to a more balanced real estate market where buyers are not tempted to jeopardize their future just to get their offer accepted. For now, however, in a cartoonishly low inventory seller market, the discussion must be had.