Huntersville|Charlotte|Lake Norman - A seller’s duty to disclose latent material defects

Thinking of Selling Your Home?   We have the experience and resources to help you get it done ethically!

QUESTION: In reading last week’s Q&A (Disclosure, Material Facts, the Residential Property Disclosure Statement, and the Due Diligence Fee, release date: 6/4/2020), I was surprised to learn that a seller has a legal duty to disclose a material defect about their property when the seller knows about the defect and the defect is one that is not discoverable by the buyer in the exercise of reasonable diligence. I have long understood that a seller can’t hide or actively misrepresent a material fact about their property, but I didn’t know that a seller has a duty to disclose latent material defects. Can you give me a real-life example of when a seller got into trouble for not disclosing a material defect?

ANSWER: Yes. The case of Everts v. Parkinson was decided by the North Carolina Court of Appeals in 2001. It involved the sale of a house in Wilmington in 1993 that was clad with synthetic stucco. Approximately two years after moving into the house in 1988, one of the owners, Mr. Parkinson, began to discover rotting pieces of brick molding around at least seven windows or doors. He replaced the rotting brick molding himself. Later, a painter who power-washed the house discovered that one of the windows was rotted in the sash, jamb, and part of the sill. Again, Mr. Parkinson made the repairs himself. He testified that the work “didn’t appear that complicated,” but an engineer who inspected the house testified that the window had undergone extensive repair behind the surface cladding between the inner and outer walls.

Mr. Parkinson later hired a company to build a band of stucco around the perimeter of each window to protect the windows from water. The president of the company testified that he told Mr. Parkinson the bands would not provide any waterproofing and that all the company was providing was decorative banding.

At the time of sale, the Parkinsons did not inform the buyers, Mr. and Mrs. Everts, about any of the repair work that Mr. Parkinson had done or about the construction of the stucco bands. The Everts’ home inspector testified that he did not observe any problems with the windows or doors and that he was not able to observe the perimeter joints of the exterior windows because they were concealed by the stucco bands. He also testified that he had not been informed of any moisture intrusion problems, and that if he had, he would have performed an intrusive test by inserting a moisture probe into the synthetic stucco. According to the inspector, it was not the normal practice of his company to perform this kind of test unless it was provided with information about water intrusion problems.

In its opinion, the Court of Appeals stated that “[a] duty to disclose material facts arises where material facts are accessible to the [seller] only, and he knows them not to be within the reach of the diligent attention, observation and judgment of the purchaser.” The Court concluded that a jury could infer from the evidence that material defects were known to Mr. Parkinson, that he knew the Everts’ were not aware of the defects and would not discover them in the exercise of diligent attention or observation, that Mr. Parkinson therefore had a duty to disclose the existence of the defects to the Everts’, and that his failure to do so supported their claim of fraud.

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NAR Ruling FAQ From NC Association of Realtors

 Carolina Living and Roby Robertson does their best to keep their clients informed about the recent Litigation with regard to the National Association of Realtors.  Below are important points to consider.  If you are thinking of buying or selling, let us know what questions you have (no obligation).  

1. Listing Commissions: Cooperating compensation is still permitted, and as has been shown many times, it offers benefits to both buyers and sellers. It would be good to examine policies to make sure that sellers are being fully informed about how their commissions are used, including how much is being paid to cooperating agents. Sellers should be made aware that they are under no obligation to pay cooperating agent commissions, including cooperating compensation to seller subagents. 

2. Buyer Agent Commissions: a. Disclosure. Examine policies to make sure buyers are aware that sellers may not offer cooperating compensation, and that buyers may need to pay their agents from their own funds. b. Avoid Steering. Buyer agents should put their fiduciary duty to the buyer first and avoid steering their buyers only toward properties that offer cooperating compensation that will cover the buyer’s monetary obligation to their agent. c. A la Carte Compensation. Buyer agents may want to consider alternate forms of compensation, such as a flat fee or an hourly rate, if no cooperating compensation is offered. This may mean that buyer agents may want to consider altering the services they offer to reflect the amount of compensation due. d. VA Loans. Buyers using VA loans are still not permitted to pay buyer agent commissions from their own funds. Assisting these buyers is still important, but it may take time for the VA to adjust its policies, if it chooses to do so at all. In the interim, buyer agents will need to understand the risk in representing these clients if they find a property that does not offer cooperating compensation. Use existing tools designed for buyers and sellers like the North Carolina Real Estate Commission’s Working with Real Estate Agents Q&A to get the conversations about compensation started early. 

3. Use of Standard Form 220: Confirmation of Compensation, Agency, and Appointment: Agents may need to use Form 220 more often to negotiate cooperating compensation. Form 220 can be used by buyer agents and listing agents to negotiate cooperating compensation directly. Pursuant to Standard of Practice 3-1, cooperating agents should determine compensation terms, if any, prior to an offer being made. Remember that a REALTOR® may not make submission of an offer to purchase contingent on the listing firm adjusting its rate of cooperating compensation, if any. 

4. No Standard Commission Rates. It bears repeating that there is no standard commission rate. This is true for listing firm commissions, buyer agent commissions, seller subagent commissions, and cooperating compensation. Agents should negotiate their compensation with their sellers and buyers, and it should reflect the agent’s skill, value, time, and other factors, including whether cooperating compensation (whether offered or accepted) is in the client’s best interest.

QUESTION: Commissions – Can I share my commission with my client?

I have always been willing to negotiate my commissions with my clients.  With the new NAR ruling, this is even more important.  Below are the rules, I am bound by. (Note, this applies to our Property Management business as well)

ANSWER: Yes. The Real Estate Commission takes the position that brokers may rebate or pay a portion of their brokerage fees to buyers and sellers who purchase or list real estate through the broker, because a real estate license is not required of persons who list for sale real estate which they own or who purchase real estate for their own account. Agents should: (1) have the consent of the principal(s) (for example, if you are acting as a seller’s (sub)agent or dual agent and want to share your commission with the buyer, then obtain the seller’s consent in writing); (2) disclose the payment to the lender; and (3) assure that the payment appears on the settlement statement (failure to disclose the payment on the settlement statement could constitute a “false statement to a lender,” which is a federal crime and also a violation of the License Law and North Carolina Real Estate Commission rules).

Contact me and I can answer all your questions!

A Realtor's Tribute To Jimmy Buffett

 I have been saddened recently by the death of Jimmy Buffett.    I grew up with him, well kind of.  Some might argue, I have some growing still to do!    However, as we get older and lose those that inspired us or entertained us, it brings mortality into focus. 

An acquaintance of mine wrote these words from his interview with him:

JB: You know, I didn’t try and create all of this. It just happened while I was having a good time. I wanted to have a good time, so I wrote about what I know. Life is hard, and I wanted to create a place where it wasn’t.

From Dave Matthews.  

Whether planned or coincidence, every time I ran into Jimmy it was like seeing an old friend. He was brilliant and a genuinely good and generous man.

If you read all the tributes to Jimmy Buffett, you have a roadmap for a life well lived.   I realize he had wealth beyond what most have.   However, he had these qualities before he ‘made it’.  He just lived a life of giving and fun.  

I try to live my life with a smile on my face.   Whether I am helping my real estate customers, playing golf with friends or just spending time with family, I try to make others smile and not stress about whatever we are involved in.    

Jimmy’s passing has been a reminder that I sometimes have to work harder at ever present smiles. However, I will continue to work at being generous, smiling a lot and just treating others like Jimmy Buffet!   #RIP JB

I don't really need an experienced Realtor. I can just hire a friend?

 

I don't really need an experienced Realtor. I can just hire a friend?

Would you hire a law student to represent you in monetary litigation or hire an experienced lawyer that is an expert in the field?

I have a client that told me they had a friend that just got their license and they wanted to give them a chance to sell their home.   Have you heard this before?   

In this case, things fell apart when the inexperienced agent was verbally negotiating on his behalf.  Both parties seemingly had a deal worked out and the buyers went out of town for a long weekend. No due diligence was collected because a promise was made by the buyer's agent.  In the seller's mind his home was sold and he was moving forward with his plans.   His agent was telling people it was sold and interested buyers moved on.   Low and behold, buyers came back and changed their minds.   Numerous opportunities were lost as well as valuable time.   

An inexperienced agent keeps the facts below in mind at all times and is diligent throughout the transaction.   

Negotiations leading to a contract can be fast-paced, to the extent that brokers find themselves communicating offers and counter-offers, as well as acceptances, orally. An example of such a situation occurs when an oral counter-offer is communicated to the buyers, who orally agree to the new terms. The acceptance is orally relayed to the sellers, who now mistakenly think they have a valid contract.

The Statute of Frauds requires that all contracts for the sale of land or for lease agreements exceeding three years be in writing and signed by the parties to be enforceable. In order for a valid contract to exist, all negotiated terms must be in writing and signed by the parties. Any changes must also be in writing and initialed by the parties.

A broker can best keep his or her clients informed of all communications material to negotiations between the parties by ensuring that offers, counter-offers, and acceptances are in writing and contain all necessary signatures. Oral agreements for the sale of real property are not binding.

Thinking of selling and want a FREE Home evaluation?    Visit: Free Property Valuation (robyrobertson.com)

Huntersville | Charlotte | Lake Norman - Do I Sell Your Home In The Current Market?

 Do You Find Yourself Asking This Question?

It can be very confusing when you look at the news, Zillow Zestimate ( egads!) or listen to friends.  I understand.

Hey, it’s Roby  Robertson! 

If you’re looking to sell your home and move to a new place in the coming months, I’ve just opened up slots in my calendar for free consultations so I can help you prepare for what’s to come. 

Some things I will discuss with you at no obligation:

1.  What is the price range your home would sell for?

2.  What are the real numbers with homes that have sold in this range.   We can determine if buyers are really out there.

3. Are there lender incentives that can assist buyers with purchasing a home with interest rates where they are.  

4. What does your home need to be ready for market?

Click - Property valuation: to set up your time to speak with me. 

If someone here in Winston Salem wanted to buy your home, would you consider selling it? 

The benefits: 

1. Get a free home value estimate 

2. Get clarity on your financial situation in this new economy 

3. See what's possible for you and your family if you decide to sell your home.

Roby Robertson | Your Realtor and Friend

 I have been a Realtor and Property Manager for 20 plus years now and I feel I have been pretty successful.   Heck, making it that long in this business has been interesting and a challenge.

I  like what I do and have the intention of retiring because of that enjoyment.     However, even at my age and years in the business, I struggle with marketing decision making and growth. 

A lot of real estate is about marketing and it is so easy to throw good advertising money at bad advertising.   I have always thought about my chick flick favorite movie ‘The Notebook’ when Ryan Gosling says to Allie in a forceful way ‘WHAT DO YOU WANT’  and how I can use that in marketing.

When someone becomes a customer, I feel I can always give them what they want and do a great job for them.   With all the competition, I struggle to get that message across without sounding salesy like everyone else.   I also often wonder if it is a beauty contest since we all put our pictures on everything.   I sincerely hope not because I feel like I lose every time  up against the glamor shots and the young guns.

I will just say this.   I work hard for my clients and look out for them.   Don’t know how else to put it. 

Huntersville|Lake Norman|Charlotte - Mortgage rates not likely to fall until late 2023

Carolina Living Real Estate can Help You with your real estate descision

 

Huntersville|Lake Norman|The Demand For Homes Is Still High!

Carolina Living Real Estate Fees Never Exceed 4.5 Percent to List Your Home!

 Today, the demand for homes is still greater than the number of houses for sale. If you’re planning to sell this summer, this is great news for you. That's why experts think home prices will continue to appreciate, just at a more moderate pace. Fill out the contact form on the right today so we can discuss why it’s still a great time to sell in today’s market.

Huntersville | When will the home price bubble burst in America?

Carolina Living Real Estate Has the Know How to Guide You through this Market

Charlotte| Lake Norman|Huntersville : 2022 Housing Market Forecast [INFOGRAPHIC]

 

Carolina Living Real Estate 

Some Highlights

• What does the rest of the year hold for the housing market? Here’s what experts have to say about what lies ahead.
• Home prices are projected to rise and so are mortgage rates. Experts are also forecasting another strong year for home sales as people move to meet their changing needs.
• Let’s connect so you can make your best move this year.

 Carolina Living Real Estate Can Guide You Through This Chaotic Market

Birkdale | Huntersville | Charlotte|Lake Norman | Today’s Home Price Appreciation Is Great News for Existing Homeowners

 

Carolina Living Real Estate Never Charges More Than 4.5% to List and Sell Your Home

If you’re planning to sell your home this season, rising prices are great news for you. But it’s important to understand why prices are rising to begin with. One major factor is supply and demand.

In any industry, when there are more buyers for an item than there are of that item available, prices naturally rise. In those situations, buyers are willing to pay more to get the product or service they’re looking for when options are scarce. And that’s exactly what’s happening in the current real estate market.

Selma Hepp, Executive, Research & Insights and Deputy Chief Economist at CoreLogic, puts it like this:

“With so few homes, buyers are once again left with fierce competition that’s driving the share of homes that sold over the listing price up to 66% . . . With the continued imbalance between supply and demand, home prices are likely to have another year of strong gains and are expected to average about 10% growth for the year.”

Because it will take some time for housing supply to increase, experts believe prices will continue rising. The latest Home Price Expectations Survey forecasts what will happen with home prices over the next 5 years. As the graph below shows, while the rate of appreciation will moderate over the next few years, prices will continue rising through 2026:

What This Means When You Sell Your House

If you’re a homeowner, the projection for continued price appreciation this year opens up an opportunity to move. That’s because it may give your equity a major boost. Equity is the difference between what you owe on your house and its market value. The amount of equity you have increases as you make your monthly payments and as rising home prices drive up the market value for your home.

Growing equity is a powerful tool for homeowners. When you sell your house, the equity you’ve built comes back to you in the sale. That money could be enough to cover some (if not all) of your down payment on your next home.

Of course, if you want to know how much equity you have in your current house, it’s crucial to work with a real estate professional. They follow current market trends and can help you understand your home’s value when you’re ready to sell.

What This Means for Your Next Purchase

But today’s rising home values aren’t just good news if you’re ready to sell. Because price appreciation is forecast to continue in the years ahead, you can rest assured your next home will be an investment that should grow in value with time. That’s one of several reasons why real estate has been rated the best investment in a recent Gallup poll.

Bottom Line

If you’re weighing whether or not you should sell your house this season, know rising home values may be opening up an opportunity to use equity to fuel your move. Let’s connect so you can find out how much your home is worth and to learn more about all the benefits you have in today’s market.

Huntersville | Lake Norman | Charlotte Bubble or Burst with Housing Market in 2022

 

Huntersville | Lake Norman | Charlotte: It’s Still a Sellers’ Market

 

Carolina Living Is Here to Help With This Chaotic Market!

Some Highlights

• Due to low supply and high demand, today is one of the strongest sellers’ markets we’ve seen.
• Sellers can benefit from more offers to pick from, higher home values, and a faster sales process. There’s a reason why 72% of people believe it’s a good time to sell.
• Don’t miss out on this unique opportunity. Let’s connect so you can take advantage of this hot sellers’ market.

Huntersville | Charlotte | Lake Norman - The Many Benefits of Homeownership

 

The past two years have taught us the true value of homeownership, especially the stability and the feeling of accomplishment it can provide. But homeownership has so much more to offer. Here’s a look at a few of the non-financial and financial benefits of owning a home. If you’re looking to buy a home today, think about all the ways homeownership can impact your life.

Homeownership Has Impactful Personal and Emotional Benefits

Owning your home gives you a significant sense of pride because it’s a space that is truly yours. And as a homeowner, you can customize your home to your heart’s desire. Having a space you’ve put your stamp on enhances the pride and sense of ownership you may feel.

And that sense of ownership can extend beyond your shelter to help create social, community, and civic benefits as well. That’s because the average homeowner stays in their home for longer than just a few years. That means you’ll naturally feel a stronger connection to the community around you the longer you live there. This can help you experience a greater sense of belonging and a greater stake in your community as a whole. As the National Association of Realtors (NAR) says:

“Living in one place for a longer amount of time creates an obvious sense of community pride, which may lead to more investment in said community.”

Owning a Home Is a Significant Step Toward Financial Stability

In a financial sense, homeowners benefit from home price appreciation, equity gains, and having a shield against some of the effects of inflation. These benefits can have a big impact on your life. As you gain equity through home price appreciation and paying down your mortgage, you build your net worth. And in times of inflation, your 30-year fixed-rate mortgage can help you stabilize one of your largest monthly expenses for the duration of your loan.

Lawrence Yun, Chief Economist for NAR, explains how you can start to see these lasting effects of homeownership as soon as you make your purchase:

“Owning a home continues to be a proven method for building long-term wealth. . . . Home values generally grow over time, so homeowners begin the wealth-building process as soon as they make a down payment and move to pay down their mortgage.”

Knowing you’ve made a good investment soon after your purchase is powerful. And that may give you confidence in your decision to buy a home.

Bottom Line

The benefits of owning a home are foundational. As a homeowner, you can feel proud of the space you call home and know you’ve made a sound financial investment. To learn how homeownership can help you, let’s connect to start the conversation today.

Huntersville|Birkdale|Charlotte:Want Top Dollar for Your House? Now’s the Time To List It.

 

Carolina Living Real Estate SAVES you Money!

When you’re selling any item, you usually want to sell it for the greatest profit possible. That happens when there’s a strong demand and a limited supply for that item. In the real estate market, that time is right now. If you’re thinking of selling your house this year, here are two reasons why now’s the time to list.

1. Demand Is Very Strong This Winter

A recent article in Inman News explains:

“Spring, the hottest time of year for homebuyers and sellers, has started early, according to economists. . . . ‘Home shopping season appears to already be in full swing!’”

And they aren’t the only ones saying buyers are already out in full force. That claim is backed up with data released last week by ShowingTime. The ShowingTime Showing Index tracks the average number of monthly buyer showings on active residential properties, which is a highly reliable leading indicator of current and future trends for buyer demand. The latest index reveals this December was the most active December in five years (see graph below):

As the data indicates, buyers are very active this winter. Last December saw even more showings than December of 2020, which was already a stronger-than-usual winter. And remember – you want to sell something when there’s a strong demand for that item. That time is now.

2. Housing Supply Is Extremely Low

Each month, realtor.com releases data on the number of active residential real estate listings (listings currently for sale). Their most recent report reveals the latest monthly number is the lowest we’ve seen in any January since 2017 (see graph below):

And don’t forget, the best time to sell an item is when there’s a limited supply of it available. This graph clearly shows how extremely low housing supply is today.

Even Though Supply Is at a Historic Low, Home Sales Are at a 15-Year High

According to the latest Existing Home Sales Report from the National Association of Realtors (NAR), existing-home sales totaled 6.12 million in 2021 – the highest annual level since 2006. This means the market is hot and homeowners are in a great place to sell now while sales are so strong.

NAR also reports available listings by calculating the current months’ supply of inventory. They explain:

“Months’ supply refers to the number of months it would take for the current inventory of homes on the market to sell given the current sales pace.”

The current 1.8-months’ supply is the lowest ever reported. Here are the December numbers over the last five years (see graph below):

The ratio of buyers to sellers favors homeowners right now to a greater degree than at any other time in history. Buyer demand is high, and supply is low. That gives sellers like you an incredible opportunity.

Bottom Line

If you agree the best time to sell anything is when demand is high and supply is low, let’s connect to begin discussing the process of listing your house today.

Huntersville, Charlotte, Lake Norman | Why Right Now Is a Once-in-a-Lifetime Opportunity for Sellers

 

If you’re thinking about selling your house in 2022, you truly have a once-in-a-lifetime opportunity at your fingertips. When selling anything, you always hope for strong demand for the item coupled with a limited supply. That maximizes your leverage when you’re negotiating the sale. Home sellers are in that exact situation right now. Here’s why.

Demand Is Very Strong

According to the latest Existing Home Sales Report from the National Association of Realtors (NAR), 6.18 million homes were sold in 2021. This was the largest number of home sales in 15 years. Lawrence Yun, Chief Economist for NAR, explains:

“Sales for the entire year finished strong, reaching the highest annual level since 2006. . . . With mortgage rates expected to rise in 2022, it's likely that a portion of December buyers were intent on avoiding the inevitable rate increases.”

Demand isn’t expected to weaken this year, either. In addition, the Mortgage Finance Forecast, published last week by the Mortgage Bankers’ Association (MBA), calls for existing-home sales to reach 6.4 million homes this year.

Supply Is Very Limited

The same sales report from NAR also reveals the months’ supply of inventory just hit the lowest number of the century. It notes:

“Total housing inventory at the end of December amounted to 910,000 units, down 18% from November and down 14.2% from one year ago (1.06 million). Unsold inventory sits at a 1.8-month supply at the present sales pace, down from 2.1 months in November and from 1.9 months in December 2020.”

The reality is, inventory decreases every year in December. That’s just how the typical seasonal trend goes in real estate. However, the following graph emphasizes how this December was lower than any other December going all the way back to 1999.

Right Now, Sellers Have Maximum Leverage

As mentioned above, when there’s strong demand for an item and a limited supply of it available, the seller has maximum leverage in the negotiation. In the case of homeowners who are thinking about selling, there may never be a better time than right now. While demand is this high and inventory is this low, you’ll have leverage in all aspects of the sale of your house.

Today’s buyers know they need to be flexible negotiators that make very competitive offers, so here are a few areas that could tip in your favor when your house goes on the market:

• Competitive sales price
• Flexible closing date
• Potential for a leaseback to allow you more time to find a home
• Minimal offer contingencies

Bottom Line

If you’re thinking of selling your house this year, now is the optimal time to list it. Let’s connect to discuss how you can put your house on the market today.

Huntersville, Charlotte, Lake Norman | Why Pre-Approval Is Key for Homebuyers in 2022

 

More Help From Carolina Living Real Estate

You may have heard that it’s important to get pre-approved for a mortgage at the beginning of the homebuying process, but what does that really mean, and why is it so important? Especially in today’s market, with rising home prices and high buyer competition, it’s crucial to have a pre-approval letter prior to making an offer. Here’s why.

Being intentional and competitive are musts when buying a home this year. Pre-approval from a lender is the only way to know your true price range and how much money you can borrow for your loan. Just as important, being able to present a pre-approval letter shows sellers you’re a qualified buyer, something that can really help you land your dream home in an ultra-competitive market.

With limited housing inventory, there are many more buyers active in the market than there are sellers, and that’s creating some serious competition. According to the National Association of Realtors (NAR), homes today are receiving an average of 3.8 offers for sellers to consider. As a result, bidding wars are still common. Pre-approval gives you an advantage if you get into a multiple-offer scenario, and these days, it’s likely you will. When a seller knows you’re qualified to buy the home, you’re in a better position to potentially win the bidding war.

Freddie Mac explains:

“By having a pre-approval letter from your lender, you’re telling the seller that you’re a serious buyer, and you’ve been pre-approved for a mortgage by your lender for a specific dollar amount. In a true bidding war, your offer will likely get dropped if you don’t already have one.”

Every step you can take to gain an advantage as a buyer is crucial when today’s market is constantly changing. Interest rates are rising, prices are going up, and lending institutions are regularly updating their standards. You’re going to need guidance to navigate these waters, so it’s important to have a team of professionals such as a loan officer and a trusted real estate advisor making sure you take the right steps and can show your qualifications as a buyer when you find a home to purchase.

Bottom Line

In a competitive market with low inventory, a pre-approval letter is a game-changing piece of the homebuying process. Not only does being pre-approved bring clarity to your homebuying budget, but it shows sellers how serious you are about purchasing a home.

Huntersville Chooses Real Estate as the Best Investment

 

 Carolina Living Real Estate Is Here For You

Some Highlights

• According to a Gallup poll, real estate has been rated the best long-term investment for eight years in a row.
• Real estate tops the list because you’re not just buying a place to call home – you’re investing in your future. Real estate is typically considered a stable and secure asset that can grow in value over time.
• Let’s connect today if you’re ready to make real estate your best investment this year.