Is a written buyer's agreement necessary?

Beginning August 17, 2024, many agents will be required to enter into a written agreement with a buyer before touring a home either in-person or through a live virtual tour and buyers should be familiar with what it entails.

There have been buyer agreements for decades in the real estate industry and it was always suggested that the agent have a buyer acknowledge it in their first substantive meeting.  The practice of when it was signed was not scrutinized which is why some buyers may not be familiar with the practice. 

The agreements benefit both parties specifying obligations and duties.  The advantages for the buyer include:

• Dedicated Representation: A buyer's agreement ensures that the agent is committed to representing the buyer's best interests throughout the entire home buying process.
• Clear Expectations: The agreement outlines the scope of services provided by the agent, including their duties and responsibilities, helping to establish clear expectations between both parties.
• Priority Access: By signing a buyer's agreement, the buyer gains priority access to the agent's time, resources, and expertise, ensuring they receive personalized attention and support.
• Exclusive Representation: The agreement typically stipulates that the buyer will work exclusively with the agent, preventing conflicts of interest and ensuring undivided loyalty from the agent.
• Streamlined Communication: With a buyer's agreement in place, communication between the buyer and agent is streamlined, making it easier to stay informed and make informed decisions throughout the home buying process.
• Negotiation Strength: Having a committed agent by their side gives homebuyers greater negotiating power, as the agent can leverage their expertise to secure the best possible terms and price for the buyer.
• Peace of Mind: Knowing that they have a dedicated and experienced professional advocating for their interests gives homebuyers peace of mind, reducing stress and uncertainty during the home buying journey.

Since the agreements may not be standardized, this article will familiarize you with the components of a typical agreement.

The agreement should specify and conspicuously disclose the amount or rate of any compensation the agent/broker will receive from any source. The amount must be objectively ascertainable and not ambiguous like "whatever amount the seller is offering to the buyer."

It should be stated that the agent/broker may not receive compensation from any source that exceeds the amount or rate agreed to with the buyer.  Additionally, the agreement should note that broker commissions are not set by law and are fully negotiable and any other provisions required by state law.

If mandatory agreements have not been promulgated by state licensing authorities, the broker or agent can develop their own.  However, there are some elements that should be included:

• Agreements should be written in understandable terms for all parties in readable font size.
• Types of representation can include those provided by state law.
• Agreements should clearly enumerate the services provided to the buyer.
• Agents and buyers can negotiate and agree to the term of the agreement, and automatic extensions until closing the sale following completing a contract of sale.  Other provisions may include termination for cause and without cause by both the buyer and the agent, and whether compensation is owed if the buyer terminates the written agreement.
• Contracts should transparently outline the buyer's obligations, confidentiality duties, and the Equal Housing Opportunity statement, along with warnings about wire fraud and seller video/audio recording during home tours. MLS Participants may also inform consumers that they're offering real estate brokerage services and recommend seeking assistance from inspectors, lenders, attorneys, tax advisors, and title agents.
• Agents and buyers may agree to a retainer fee and if that fee is included in the total compensation, credited against other compensation, and whether it is refundable under specific conditions.
• The agreement may address how conflict of interest will be resolved during the term of the agreement including disclosure and consent for representing other buyers submitting offers on the same property, dual agency, designated agency, or transaction brokerage.
• A provision can be included on how to handle disputes such as mediation or arbitration.

Buyer representation offers numerous advantages when purchasing a home. With a dedicated agent, buyers gain access to expert guidance and advocacy throughout the entire process, ensuring their best interests are prioritized.

From navigating the complexities of the market to negotiating the best terms and price, a buyer's agent provides invaluable support and peace of mind. Additionally, buyer representation streamlines communication, provides access to exclusive listings, and enhances negotiating power, ultimately leading to a smoother and more successful home buying experience.

Buying a home is a sizable investment relative to each buyer.  Even if a person has purchased a home in the past, it benefits the buyer tremendously to work with a professional to advise them through the process and the buyer's agreement spells out the specifics.

Download our Buyers Agent Guide and schedule an appointment to get answers for your questions.

Tips to reduce your homeowner's insurance cost

Home insurance rates have increased by almost 20% nationally between 2021 and 2023 and even more in some states like Arizona where rates have jumped 62% in some cases. 

The appreciation that homeowners have enjoyed, especially in the past four years, has caused premiums to increase because the values are higher.  In addition, insurance is affected by inflation due to the increased cost of labor and building materials used to calculate the replacement cost of the dwelling.

Natural disasters, especially in coastal areas, tornados, fires, and hail are just a few of the things that insurers have paid considerable claims and are driving the prices of premiums higher.  Some insurers are pulling out of high-risk areas which make it difficult for homeowners to not only find coverage but at reasonable prices.

There are several things that homeowners can do to lower the cost of their policies.

Increase Deductibles - Opt for a higher deductible to reduce premium costs, but ensure you have sufficient savings to cover the deductible in case of a claim.

Bundle Policies - Combine homeowner's insurance with other policies such as auto insurance with the same provider to qualify for multi-policy discounts.

Improve Home Security - Install security features like smoke detectors, burglar alarms, deadbolts, and security cameras to reduce the risk of theft and damage, thus lowering premiums.

Upgrade Home Systems - Updating electrical, plumbing, and heating systems to meet current building codes can lower insurance premiums by reducing the risk of accidents or damage.

Maintain a Good Credit Score - Maintaining a good credit score demonstrates financial responsibility and can lead to lower insurance rates.

Shop Around - Compare quotes from multiple insurance providers to find the best coverage at the most competitive price.

Choose a Less Risky Location - Living in an area with lower crime rates, proximity to fire stations, and minimal environmental risks can result in lower insurance premiums.

Stay Claims-Free - Avoid filing small claims, as a history of claims can lead to higher premiums. Instead, consider paying for minor repairs out of pocket.

Reduce Coverage - Review your policy to determine if you have more coverage than necessary and adjust coverage limits accordingly to reduce premiums.

Ask About Discounts - Inquire with your insurance provider about available discounts for factors such as age of the home, non-smoking household, or membership in certain organizations.

Insurance is required on properties with mortgages on them but even when a home is paid for, most homeowners cannot afford the physical loss but also from potential exposure to liability to people who might be injured on their property.  It is estimated that the number of American homeowners without insurance in 2024 has increased to 12% from 5% in 2019.

Having an annual review with a property casualty insurance agent ensures homeowners maintain adequate coverage as property values and personal circumstances change, protecting against potential underinsurance. This proactive approach provides an opportunity to discuss lowering premiums, helps identify potential gaps in coverage, offering peace of mind and protection against unforeseen events.

Finding Affordability in Lessons of the Past

In the 1980s, home buyers faced significantly higher mortgage rates compared to today's market. Despite this challenge, many people successfully purchased homes and made them worthwhile investments. They employed a range of strategies to manage costs and ensure affordability. Here are the key tactics they used, explained in detail:

To reduce the amount borrowed and thereby lower monthly payments, many buyers saved for larger down payments. By putting more money down upfront, they could decrease their loan-to-value ratio, often securing better interest rates and reducing private mortgage insurance (PMI) costs.

Strict budgeting was essential. Buyers meticulously planned their finances, cutting unnecessary expenses and prioritizing savings. This disciplined approach enabled them to accumulate sufficient funds for down payments and to manage ongoing homeownership costs without financial strain.

Purchasing smaller or starter homes was a common strategy. These properties were more affordable and easier to maintain. While these homes might not have been the buyers' dream homes, they served as a steppingstone, allowing them to build equity and eventually move to larger properties as their financial situations improved.

First-time homebuyers often took advantage of government programs that offered lower interest rates, reduced down payment requirements, and other incentives. Programs like FHA loans provided more accessible pathways to homeownership for those who might otherwise struggle to qualify for conventional loans.

Buying homes in less expensive neighborhoods or regions with lower property taxes helped many buyers manage costs. These areas often offered more affordable housing options without sacrificing too much on quality of life. Some buyers were willing to commute longer distances to work in exchange for lower home prices.

Savvy buyers negotiated better terms with sellers and lenders. This could include negotiating for lower interest rates, asking sellers to cover closing costs, or securing other concessions that made the purchase more affordable. Effective negotiation skills often resulted in significant savings.

Many individuals took on additional jobs or side businesses to supplement their income. This extra income provided a financial cushion, making it easier to handle mortgage payments and other home-related expenses. Side hustles ranged from freelance work to part-time jobs in retail or hospitality.

Co-buying with friends or family members allowed buyers to pool resources and share the financial burden. This approach made it possible to afford larger or better-located homes that might have been out of reach otherwise. Clear agreements and legal arrangements helped ensure smooth co-ownership experiences.

Engaging in seller financing or rent-to-own agreements provided alternative pathways to homeownership. In seller financing, the seller acted as the lender, offering more flexible terms than traditional banks. Rent-to-own agreements allowed buyers to rent the property with an option to purchase it later, applying a portion of rent towards the eventual purchase.

As interest rates fluctuated, many homeowners took advantage of lower rates by refinancing their mortgages. Refinancing allowed them to reduce their monthly payments or switch to more favorable loan terms, making their mortgages more affordable in the long run.

The 1980s presented significant financial challenges for homebuyers, but through a combination of strategic planning, creative financing, and disciplined saving, many people successfully navigated the high-interest environment. These strategies not only made homeownership achievable but also laid the groundwork for long-term financial stability and growth. By learning from these historical approaches, today's buyers can find inspiration and practical ideas to overcome their own market challenges.

Download our Homeownership Today information guide & Buyers Agent Guide.

Convenient but not accurate can cost you money

Online estimates like Zillow, realtor.com, Redfin, & Homes.com are convenient, but typically lack accuracy and may have a significant margin of error.  They are constructed using a computer-generated algorithm that utilizes historical public sales data and trends called an Automated Value Model, AVM.

National AVMs derive values from automated computer modeling of public records and may not reflect the true value of a home due to the nuances of local markets.  An experienced agent, familiar with home sales in the area, takes several steps to arrive at a more accurate fair market value.

Real estate agents provide invaluable expertise by leveraging their deep understanding of local market conditions. This includes insights into neighborhood trends, recent sales data, and current inventory levels. By tapping into this knowledge, agents can accurately assess the fair market value of a home.

They conduct thorough property inspections, meticulously noting its condition, unique features, and any upgrades or renovations that could impact its value. This hands-on approach ensures a comprehensive evaluation that goes beyond surface-level data, allowing agents to provide more accurate and nuanced valuations.

Furthermore, agents excel at analyzing comparable properties to determine a home's value. They meticulously review recent sales of similar properties, considering factors such as size, location, amenities, upgrades, and condition. Agents then adjust these comparable properties to account for any differences with the subject property, ensuring a more precise comparison. This meticulous process allows agents to offer a valuation that reflects the specific characteristics and nuances of the home being evaluated, providing clients with a more accurate understanding of its worth in the current market.

Additionally, real estate agents are adept at considering broader market trends and buyer preferences. They assess factors like supply and demand, interest rates, and economic conditions to understand their potential impact on property value.

By staying attuned to market dynamics, agents can offer informed insights into how these trends may affect a home's value over time. Furthermore, agents gather feedback from showings and potential buyers, allowing them to gauge how the property is perceived in the market and adjust their valuation accordingly.

This holistic approach, combined with ongoing education and transparent communication with clients, sets agents apart in delivering accurate and reliable valuations that help clients make informed decisions about their real estate investments.

Contact an experienced real estate professional, familiar with your market area, to supply you with complete information necessary to maximize your home sale proceeds.  Download our Sellers Guide.