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Can list price be increased to reflect contract price?
QUESTION: One of the listings in the office I manage recently went under contract for more than the list price, which is not unusual in today’s market. However, it came to my attention that the listing agent has increased the list price to an amount equal to the contract price. I asked him why he…Can a listing agent offer compensation expressed as a percentage of the net sales price?
QUESTION: One of my clients contacted me and expressed interest in seeing a property that is listed in the MLS. When I checked the listing, I noticed that the listing agent is offering compensation based on the net sales price rather than the gross sales price. Is that practice permitted? ANSWER: The answer depends on…Agent’s duty to disclose a short sale situation
QUESTION: I have a wealthy client who recently asked me to list a residential property for sale. He purchased the property as an investment many years ago. Although the market where the home is located has substantially recovered, this particular property is still under water, i.e. it is worth less than the current mortgage balance.…If a sale includes a mobile home, must the Additional Provisions Addendum be used?
QUESTION: I have a question about new wording in paragraph 1(c) of the Offer to Purchase and Contract (Form 2-T) that requires the parties to indicate whether a manufactured home is a part of the sale, and if so, directs them to include the Manufactured (Mobile) Home Provision in the Additional Provisions Addendum (Form 2A11-T).…Is the seller required to pay off a loan on their solar panels?
QUESTION: When I was going over the “Current Liens” section in paragraph 12 of the Exclusive Right to Sell Listing Agreement (Form 101) with a prospective seller client, a question came up about the solar panels that the seller had installed on her home several years ago. The panels were expensive and the seller took…What are the rules for the delivery of Short Sale offers?
QUESTION: Several weeks ago, I listed a property for sale where my client's outstanding loan amount is higher than the list price of the home. I disclosed the potential of a short sale when I listed the property in the MLS. I just received an offer for the property. The Short Sale Addendum (Standard Form…Satisfaction of Fixture Liens by Seller at Closing
QUESTION: My buyer is closing on a property in two days, and we just learned that the water heater is leased and not owned by the seller. The seller is claiming that my client needs to assume the lease and the lien on the unit. The water heater was not mentioned in paragraph 2 of…Property Disclosure Statement and Foreclosure
Q: I am listing a foreclosed house for sale. My seller client, XYZ Loans, bought the house at a foreclosure sale. Another lender, ABC Mortgage, had foreclosed on the property. XYZ loans says it does not have to provide a Residential Property Disclosure Statement to the purchaser because it is in the business of lending…Is an unsigned addendum enforceable?
QUESTION: I recently submitted a signed offer to a listing agent. When the contract was returned to us, a box was checked in paragraph 15 of Standard Form 2-T to indicate that the Short Sale Addendum (Form 2A14-T) may be a part of the contract. In addition, a copy of the Short Sale Addendum signed…Can the sale of “estate” property be subject to upset bids?
QUESTION: I’ve been approached by someone who is acting as the executor of his brother’s estate. He explained that his brother had a lot of debts when he died, and that the clerk of court has ordered the property be sold by private sale in order to generate funds to pay his deceased brother’s debts.…Handling multiple offers – and requests for highest and best offers
QUESTION: I recently listed a property for sale. After a number of showings, my seller-clients received offers from three different buyers. I presented all three offers to my clients right away. Even though one of them was for more than the list price, my clients now realize that their home could attract an even higher…Legal Quiz: Do you know how to handle a Contingent Sale Addendum?
Take our latest quiz on the Contingent Sale Addendum and how it’s applied to your real estate practice.
May the seller remove the contents of a fuel tank after going under contract?
QUESTION: I am about to list a property that has a large propane tank on it that the seller leases from her propane fuel provider. It has just been filled. I anticipate that the property will sell quickly. I have been reviewing the newly-released version of the Offer to Purchase and Contract (Form 2-T), and…Does the buyer agency agreement cover post-closing construction of a home?
QUESTION: I represented a buyer who recently closed on a lot that she plans to build a new house on. When she hired me, it was understood that I would help her with both the lot purchase and getting her lined up with a builder to build the home. I have an Exclusive Buyer Agency…Proper Use of REALTOR® Marks on the Internet
Q: I am a real estate agent and a REALTOR®. I have created my own Web page - ncsbestrealtor.com is the domain name and sunnyncrealtor@webnet.net is my e-mail address. Are these proper uses of the term REALTOR® over the Internet? A: No. You must always use the REALTOR® marks in accordance with the rules and…Can a seller refuse to accept a full-price offer?
QUESTION: I just had a multiple offer situation with a buyer I am representing and she didn’t get the property. We were the first one to put in an offer. The list price was $250,000. Our offer was $252,000 with no concessions and $4000 in earnest money. The listing agent called back and said that he…Contract “Kiting”
Q: I listed a piece of property at the recent appraised value of $120,000, but, like most sellers, my seller made it clear that he wanted a quick sale. Two days later, we received an offer for $114,000 with a $2,000 earnest money deposit. The buyer was to take out a mortgage loan to cover…Refund of Due Diligence Fee in New Condo Sale
QUESTION: I’m representing a developer who listed all the units in a new condominium complex with my firm. We negotiated a contract for the sale of one of the units five days ago using the Offer to Purchase and Contract (form 2-T). The buyer’s agent has just delivered a written notice of termination of the…Champagne Wishes and Caviar Dreams
What’s trending in multimillion-dollar listings across the country and how to lead buyers and sellers at this price point.