All Forum Posts by: Account Closed

I finally have my property listed with a local flat fee lister. He sent me the link this morning. (can I include a link here?) I see it does not have either of my phone numbers though I did include them in the blurb I sent to him.
Are agents not permitted to include sellers' phone numbers in the public comments? How do unrepresented people contact me with no contact info available?
He said he did include both in the "agent remarks".

I got to talk to the man, and everything is good--all questions answered, and I'm comfortable with him, and plan to list with him.

I'm studying a contract now. It's somewhat similar to a standard listing contract, but there are a few items I have questions about, and would like input on.

96 Seller may be responsible for the actions of Listing Broker. How can I possibly be responsible for the LB actions? need to eliminate that.

In any event, Seller agrees to immediately remove, or have removed, all "For Sale" signs not belonging to Listing Broker... Seller agrees not to advertise or market the Premises in any manner without the prior written permission of Listing Broker.
Property is now listed at a by owner site, and on craigslist, and I plan to do more internet sites, as well as flyers, mailings, and bandit signs.
If I pay another $200 I can have his yard sign and a few other goodies, none that I really want. If he refuses to eliminate that, since the address will be on the mls, is a yard sign really needed? Though a sign shows the property as for sale, people would also see it is vacant.
I COULD do the flyers next week THEN sign with him.

150-151 INDEMNIFICATION: As a material condition of this Agreement, Seller agrees that the Tucson Association of REALTORS® ("TAR") and MLS are third-party beneficiaries of this Agreement for the purpose of indemnification. What does this mean?

He wants a SPDS, but state law does not require one if the buyer agrees. I have no problem with doing one, just don't want to if not needed.
Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.

In the event that mediation does not resolve all disputes or 237. claims, the unresolved issues shall be submitted for arbitration pursuant to the Uniform Rules of Procedure for 238. Arbitration.
I’ve been advised to never use arbitration, and I want to scratch that one.

Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.

In the event that mediation does not resolve all disputes or 237. claims, the unresolved issues shall be submitted for arbitration pursuant to the Uniform Rules of Procedure for 238. Arbitration.
I’ve been advised to never use arbitration, and I want to scratch that one.

Do you see problems with any of these or not?
Thanks,
ofgift

It's my understanding that hoas almost never foreclose because of their standard position--second to mortgage. And the probability of success is somewhat small. In this case they might.
good luck.
But wait--have you read the financials, are you aware of the condition of the common property and the reserve fund, any great expenses coming up, or assessment increases, legal actions against it or by it?

What all does a flat fee lister do besides putting a property on the mls?
What does a broker require from a flat fee lister in his office? It was said that the broker requires upwards of 50 forms from the agent writing the flat fee listing to put a house on the local mls. What are those forms?

A good tenant does not violate (on purpose) a rental contract. I'd tell her she has to return it to wherever she got it. My guess is that if you allow her that, soon there will be another and another...

The fact that she said "adopted" means to me that she plans to slip this by you. If legit, I'd think she'd use the word "foster" which means she's actively looking for a home for it, and/or, the place she got it from is actively looking for a permanent home for it.

So many of the sites, including http://www.tucsonflatfeemlslisting.com/
do not make clear that there is (probably) a requirement by the person who actually does the listing that the seller sign a listing agrement with that listing person.
http://www.tucsonflatfeemlslisting.com/ finally mentions it in the terms of service this way: "Neither TucsonFlatFeeMLSListing.com nor FSBO MLS Listed, LLC are a party to the listing agreement unless specifically signed by an authorized representative of the company"...
they go on to say, "...Customers should confer and confirm terms with the local affiliate before signing the listing contract. MLS Names are trademarked names used for description purposes only. There is no ownership, endorsement, or affiliation with these companies or trademarks. Neither TucsonFlatFeeMLSListing.com nor FSBO MLS Listed, LLC own or operate the Licensed Real Estate Agency which will provide this service. An Independent licensed real estate broker serving your area will be providing the advertised MLS Listing Services. Additionally, the MLS service may or may not be the main MLS system for the customer’s property being listed and it is up to the customer to be sure to their satisfaction that the MLS service being offered to list the property for sale."
So you have to pay BEFORE you can read t he contract, and it is very difficult to get a refund (minus $95 at least.) To me, that's not being open, aboveboard, honest and forthright.
I did find "At Home Tucson Realty" and just sent an email to him about the listing contract/papers.
If that doesn't work out, I'll look for others in Tucson and also try the Buyself site.
Thanks, Byran.

Other than your saying "In the Broker world there is a HUGE difference between Required Governmental Disclosures and those "required" by the Brokerages. About the difference between 3 or 4 forms and 40 -50 forms"
Okay, I did not know that.

Other than that, what am I not understanding?
If I pay a flat fee lister to put the house on the mls (and websites), and I am offering a 3 per cent commission to the agent who brings the buyer, PLUS a bonus for his pocket, why would they talk a person out of buying my house? That agent would be paid the commission at closing by the title company. Either I would, or the title co would aslo pay the bonus I stated I would pay.

"As a Broker I use to own a Flat Fee Service. In a Sellers market it makes a ton of economic sense however in a buyers market it doesnt. "

You may be absolutely right. We are just entering our buying time. It will run several months. Houses seem to stay on market about 2-3 months now. If it doesn't sell, I have an agent in mind to list with.
On my previous FSBO, I took 12% less than my asking price, rather than local standard of about 18%. I thought that was pretty good.
I appreciate your points and will keep them in mind.

Interesting point.
Some states (AZ Included) has the disclosure forms on line, so maybe that isn't a problem. I also used my own contract and title company without a problem. I did sell to a not agent represented couple, and used guidance from the title company as to what they (title co) needed.
Perhaps in the notes for agents, it is possible to indicate that the seller has the disclosures (and contract).
I also have hoa stuff to include.

several agents did show my house. One offer came in via agent, then buyer pulled it. The size of my house was a consideration, I think, even though that was taken into account in pricing. Even the people who bought it said though they wanted a bigger house, they wanted to stay in the neighborhood more.

Sorry-that should have been "BUYself flat fee listings", not "byself".