Friday, May 15, 2009

Out of state listing brokers...why are they here and how do we work with them?

With the increase in REO (Real Estate Owned) listings here in the Bay Area, many of the listing brokers are not even based in this state. What does that mean for you the consumer? It means you need to be prepared to take decisive action fairly quickly and it means that your Realtor needs to make you aware of your rights as a consumer in Northern California. Escrow is different from state to state and even from county to county. Therefore, your Realtor needs to know what to negotiate on your behalf and also how to set your expectations.

I can tell you as a Realtor, I am surprised to find offer forms or web forms that make the terms of your offer visible to every other buyer and agent. Agents in California have a fiduciary duty of confidentiality to their clients. The way some of the out of state brokers go through the offer process, it makes it impossible to fulfill that duty. Hopefully the California Department of Real Estate (DRE) will address that at some point but for now it is a process of expect the unexpected.

As a buyer, if you are ever uncomfortable with any part of the process (I didn't say stressed, buying a home can definitely be stressful/emotional), then you need to communicate that with your Realtor and take a step back. Do not let the process dictate your actions, just go into it with your eyes wide open.

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