In
today's market, many homeowners have
considered "going it alone" and
selling their homes without the help
of a REALTOR® to "save
the commission." However, once they
realize how complex and intimidating
a real estate transaction can be,
many people reconsider and enlist
the services of a REALTOR®.
There are more than 145 steps to
complete a real estate transaction.
It requires an organized,
step-by-step approach that many
homeowners just don't have the time,
skill or experience to carry out.
A
REALTOR® provides a
variety of services including help
in setting a listing price within
current market guidelines. They
develop a marketing plan, offer
recommendations and advice to make
your home more attractive and
"saleable," and act on your behalf
during negotiations to ensure your
interests are protected.
Another advantage of working with a
REALTOR® is the
far-reaching market exposure your
home will receive through the
Multiple Listing Service®
(MLS®). This co-operative
marketing system relays information
about your home to a vast network of
REALTORS® and therefore,
potential homebuyers in your market.
The greater the exposure your home
receives, the more likely you are to
find a buyer willing to pay your
price.
Selling your home is not a simple
procedure. It involves large sums of
money, stringent legal requirements
and the potential for costly
mistakes. A REALTOR® is
committed to spending the time it
takes to help you sell your home in
the least amount of time and for the
best possible price.
A
REALTOR® must disclose to
you in writing, who exactly they
represent in any real estate deal. A
REALTOR® may represent a
buyer or a seller; they may also
represent both buyer and seller in
the same transaction. Your listing
REALTOR® is, in law, your
agent. An agent owes his or her
client the duties of utmost care,
integrity, confidentiality and
loyalty. Make sure you discuss
agency with your listing REALTOR®.
The
process of selling a home with a
REALTOR® starts with the
Listing Agreement. It's a contract
between you and the brokerage
company that the agent represents.
It is a framework for subsequent
forms and negotiations. It's
important the agreement accurately
reflects your property details and
clearly spells out the rights and
obligations of all parties. Both you
and the listing agent sign the
listing agreement and each receive a
copy. The agreement binds both
parties to its terms and conditions.
Generally, in the agreement you
appoint the brokerage company as
your agent and give its
representatives the authority to
find a purchaser. The duration of
the agreement is indicated, and the
compensation is specified. The
agreement also sets out the listing
price, and accurately describes the
property you are selling. That will
include the lot size, building size,
building style and materials, floor
areas, heating/cooling systems, room
sizes and descriptions.
This
is when you must also decide what
you are taking with you and what you
are leaving with the house.
Generally, unless stated otherwise,
fixtures remain with the property,
while chattels -- things which are
movable -- aren't included in the
sale. If necessary, what stays and
what goes are listed under
"inclusions" or "exclusions."
Finally, the Listing Agreement also
details the financial conditions of
the property, including the mortgage
balance, mortgage monthly payments
and the mortgage due date. It should
also provide information about
annual property taxes; and
references for any easements, rights
of way, liens or charges against the
property.
Ask
your listing REALTOR®
about disclosure, which is a
seller's obligation to disclose
facts about properties for sale. The
buyers will need to know material
facts about the property - that is,
anything that could materially
affect the sale price or influence a
buyer's decision to buy it. A major
cause of post-sale disputes and
lawsuits center around defects and
disclosure, but most disputes can be
avoided if proper disclosures are
made. Intentionally withholding
information about a property when
selling it can have serious legal
consequences.
Another advantage of listing with a
REALTOR® is that only a
REALTOR® is able to place
your listing on the MLS®
or Multiple Listing Service®.
When you decide your listings will
be on the Multiple Listing Service®,
the information about your property
is shared with all other REALTORS®
through the MLS® system,
and all REALTORS® have
the opportunity to sell your
property. This type of cooperative
effort will result in the listing
agent offering compensation to the
selling agent. Your property gains
more exposure, because it reaches
the majority of the real estate
professionals in your community.
There's another benefit of dealing
with a REALTOR®. Through
mls.ca ,
the national property website,
participating local real estate
Boards can also advertise listings
to potential buyers across Canada
and around the world.
Another major issue for anyone
selling a property is how much to
ask for. Although you may have an
idea of how much your house is
worth, it's important to have your
home valued by a professional on its
own merits. Be careful not to price
your property too high or too low.
If it's too high, there's no sale;
too low and you lose on your
investment.
A
REALTOR® has the research
and expertise to provide a market
assessment of what similar
properties in your area have sold
for. They can also provide
information on market history, such
as the number of properties sold in
your community the previous month or
year.
A
REALTOR® also has a
number of marketing tools and
options to promote your property.
First is the mls.ca web site, which attracts
more than a million unique visitors
a month. It shows the details of
your home to local, regional or
national buyers looking for a
property in your community.
Your
REALTOR® may also
recommend an open house as a
marketing strategy. There are two
types: first is an agent's open
house, where sales representatives
from the listing company will be
invited to view your house. If you
have signed an MLS®
agreement, other REALTORS®
may also be invited. Remember, each
of these REALTORS® may
have a prospective buyer. The second
type of open house is a public open
house, where members of the public
are invited to walk through your
home and have a look. It's an
efficient way to show your home to
many potential buyers at once. The
listing agent will act as host,
answering any questions.
You
and your listing agent will pick the
time and date for an open house. In
order to give the agent access to
your home, you may wish to keep a
key at his or her office, or in a
lockbox. It's also a good idea to
ensure that any valuables are put
away in a safe location, then leave
while the open house is underway. If
you do stay, be sure to keep out of
the way, and turn off any TVs or
radios to let the agent and the
buyer talk in peace.
Needless to say, clean counts with
open houses. A general rule is that
clean, uncluttered and well-lit
spaces look larger and more
attractive. People will naturally
want to buy a house that is clean
and well cared for.
Sometimes a home doesn't sell right
away. Avoid the urge to pull your
home off the market... be
persistent! Generally, there are
three reasons why a home may not
sell as fast as others. First is
location; second is condition; third
is the asking price. Naturally, you
can't change your home's location,
but you can fix the condition of
your home and you can, of course,
adjust your price. Throughout the
listing process, you need to be
constantly comparing your asking
price against those of similar
properties in your area. It may be
time to adjust the price of your
home.
Review your selling strategy
regularly with your listing agent:
Is your house being shown regularly?
Are you receiving the feedback from
prospective buyers? Are you in touch
with the marketplace? Is your
property competing well? If not,
what else can you do?
Once
a buyer is found, you'll be
receiving an offer that will detail
how much, specify any conditions
that may apply or be attached by the
buyer, say when the buyer would like
to take possession, and when the
offer expires. As an act of good
faith, the buyer will make a deposit
with the offer.
You
don't have to accept the offer as
is. You may wish to make a counter
offer that comes part-way to meeting
the offer's conditions. The counter
offer is one more step along the way
to negotiating the final terms and
conditions of the sale. The offer,
once signed by everyone, is a
binding contract. Make sure you
understand and agree to all of the
terms in the document. You may want
to have it reviewed by your lawyer
before signing.
Before closing, especially if the
buyer makes it a condition of sale,
you may be asked to provide a
current survey, or a "real property
report," showing the location of the
house is on the property owned by
you and that there are no
encroachments. You may also have to
prove that you have title to the
property (the buyer's lawyer will
check this out when he or she
conducts a title search to see if
there are any liens on the property,
easements, rights of way or height
restrictions). Especially in rural
areas, you may also be asked to
provide a certificate for a well or
septic system, stating the system
meets local standards.
The
buyer may also make the purchase
conditional on an inspection by a
qualified engineer or inspector.
Then
on or before closing day, lawyers
representing you and the buyer will
set up a trust account for the money
coming from the sale and will pay
off any mortgages you owe on the
property. After these are paid, you
will receive any money you have
coming from the sale. You must
deliver the property deed or
transfer documents, mortgage details
and keys to your lawyer. Your lawyer
will register the mortgage discharge
and transfer the deed at closing,
Your
lawyer should also ensure that you
receive compensation for prepaid
expenses such as, property taxes,
electrical or gas bills, or if
applicable, any heating oil left in
your tank. Some lenders will make it
possible for your mortgage to be
portable, so you can take your
mortgage with you when you move to
your new home.
Here,
your responsibilities under the
listing agreement end. You'll have
paid your listing agent the
agreed-upon compensation. This can
be done by your lawyer who can
arrange the payment from the
proceeds of the sale. In some
provinces, including Quebec,
notaries perform the same role in
the real estate transaction as
lawyers do in other provinces. If
you have any questions, check with a
REALTOR®.
The
sale of property is a complex
business transaction. There are
distinct advantages to having a
REALTOR® who is
well-educated, knowledgeable, and
experienced. A REALTOR®
also has access to an array of
services, including the Multiple
Listing Service®, which
can provide you with instant,
thorough and accurate property
information.
(The
comments contained on this site are
for information purposes only and do
not constitute legal advice.)