QUESTIONS TO ASK YOUR PROSPECTIVE REALTOR
TYPICAL COSTS OF SALE (Expenses you will have as a seller)
THE COMMISSION GOES WHERE?
MARKETING TIPS - STRATEGY THE
IMPORTANT ISSUES
HELPING YOUR CHILDREN MANAGE A HOME MOVE
CLEANLINESS IS NEXT TO YOUR BEST PRICE!!
THE CONTRACT
CONTINGENCY SALE
SHOULD I HAVE MY HOME "STAGED"
BEFORE SELLING?
CAPITAL GAINS TAX UPDATE
NOW THAT ALL THE HOMES LISTED FOR SALE ARE ON THE INTERNET, WHAT DO
WE NEED AN AGENT FOR?
PERSPECTIVE - Objectivity, Insider
understanding, Expert witness to market events.
REPRESENTATION - Operating for your
best interests from Full-time, Inside,
Expert stand.
INTERMEDIARY - Delivering,
De-pressuring, and creating some Emotional Buffer.
COUNSELING - Information source,
Strategy consulting, Avoiding Irrelevant.
NEGOTIATION - Strategy consultations,
Data and Information gathering, keeping the eye on the ball.
PROTECTION - Legal obligations,
Disclosures, Qualified prospects, Accompanying and the benefit of All the
Above!
Agency Law says the
Principal is responsible for the acts and representations of his agent
- Who do you want speaking on your behalf?
The following are some questions
to ask your prospective Realtor.
1) Do you work as a full-time
Realtor?
2) How many listings do you have at this time?
3) How do you
decide your responsibilities to your sellers?
4) How do you plan to
maximize my sales price?
5) Do you have an assistant or other help?
6) How will you find buyers for my property?
7) In what ways will you
encourage other Realtors to sell my home?
8) Why should I hire you rather
than other agents?
WHAT DO I GET FOR MY MONEY
WHEN I WORK WITH A REALTOR?
SELLERS:
Most Real Buyers are in the hands of a Realtor. Most buyers appreciate the
knowledge, resources, problem solving and protection they believe an agent
provides them. Most buyers today - the well qualified buyers - do not have
time to stay on top of market inventory.
Homes are bought comparatively.
A "For Sale By Owner" only has access to showing the one home and,
therefore, a limited means to satisfy the concerns of a typical buyer that
this house is their "best choice" on the market. Agents have access to all
listed properties and can usually also arrange an agreement to show "For
Sale By Owner" properties, so those homes do not become obstacles to the
sale of your home.
Value is always, and rightfully,
a buyer's Number One question. Again, because a "For Sale By Owner" has
access only to the one home and because he is seen as serving his own needs
rather than those of the buyer, he is handicapped when supporting his price.
Value is also a result of successful negotiating, and with the mantle of
self-serving purpose, a "For Sale By Owner" is limited in being able to
speak from the buyer's point of view or to discover issues that may sway a
buyer who is protecting himself.
Value is also perception.
Professional staging and presentation, guidance in preparation of the
property and materials, repeated delivery of the support and affirmation
information helps today's very savvy buyers find the path to make the
choices they want. Realtors are also expert in fielding, resolving and
overseeing the myriad issues that can arise during escrow. Escrow is the
vulnerable period when inspectors, appraisers, well-meaning "expert" friends
and relatives, and everyone in general are thinking there may be a better
choice out there. The agent is the person best positioned to deal with these
issues from knowledge of the buyer, the property, resources and the market.
Obviously Realtors are a time
saving service. He directs and produces the marketing program, supervises
showings and follow-up, balances presentation with public response, prepares
then manages all documents, administers the process of the escrow,
inspections, financing, and contingencies, and, not least, pursues all
possibilities to the successful close of escrow.
A Realtor helps the seller
maximize his dollar proceeds by knowing what the market values most and how
to emphasize those issues, directing his marketing to the most appropriate
buyer prospects, taking the heat out of negotiation and having the expertise
to develop the best solutions, knowing repair and replacement resources, and
minimizing the seller's legal liability with professional processing,
verifications and written communication.
Realtors add safety. Neither the
seller nor the buyer have to risk security breeches by a "sez so" prospect.
The buyer is accompanied by a Realtor at all times, the seller's property is
shown to qualified buyers, a third Party (the Realtor) is on the premises
during all showings. Since Realtors make their own security precautions,
witnesses usually know who a Realtor is with and where and when, backing up
the client's security.
A Realtor takes the Heat. Most
sellers and buyers are understandably very emotional and volatile, because
moving is a major life change and a very vulnerable state with a large sum
of money at stake. The Realtor translates charged words into focus on the
objectives, and keeps the clients directed toward achieving their purpose
rather than games.
A Realtor is a professional
salesman. All his training, experience and purpose are directed toward
satisfying the client's goal and, as a result, assuring future business from
that client, his friends and family.
A Realtor is a reliable source
of related services. His future and dollar also depend on the quality of his
counsel and referrals.
Communication minimizes
liability, advances the transaction and reduces stress, focuses the concerns
back to the information and ensures the smoothest possibilities. Realtors do
this with all the parties involved, all day, all week, all year, all the
time. They track, advise, prod, prevent, anticipate, resolve and manage
whatever concerns are relevant to the transaction. And finally, a Realtor is
going to close the transaction. Other than the seller and buyer, none of the
players in a transaction are as committed to this conclusion. Not only does
his compensation depend on this, but so also does his reputation, market
position and future business. And since success is in the eye of the
beholder, in this case the client, it is the Realtor's at-risk that
generates the ever-present willingness to go the extra effort all through
the sale.
THE
DIFFERENCE IS REAL
TYPICAL COSTS OF SALE
COSTS OF SALE: What expenses
will you as seller have in connection with selling your property? NOTE:
Everything is negotiable. However, when you go outside of “customary”, it
CAN be a big issue to the other party, and they feel they are adding or
subtracting.
ESCROW FEE: The “Settlement Agent” holds your deed and
the buyer’s money, administers the requirements of the transaction until all
agreements are complete, collects all final monies, balances the accounts,
records the deed and pays you the “proceeds” for the sale. Fee equally
divided by buyer and seller may be estimated for each at roughly .0025 x
Sales Price (it goes to a smaller % as the price increases).
Escrows have
a multitude of additional fees they charge, under different names and in
different amounts depending on the structure of the sale and the escrow
company. These may include fees for drawing documents (deed, power of
attorney, usually $10 – 50 per instrument); messenger, UPS/FedEx/Airborne,
or wiring fees ($10-35 usually); Loan Tie-In Fee ($75-150) for handling
lender documents and sign-ups, Notary Fees ($10 per certification), 1099
Processing Fee (usually $50-60) for calculating and reporting the sale to
the IRS, which they are required to do by law. Some escrows are making small
additional charges for paying additional expenses beyond those mentioned
above, and all are beginning to charge for holding (and accounting for)
funds after close.
TITLE INSURANCE: Normally in Southern California a
seller provides title insurance to a buyer guaranteeing that the seller has
conveyed valid “marketable” title. The seller pays a fee for this insurance
roughly calculated at .004 x Sales Price, with a 20% reduction for “short
term” (less than 5 years since last policy of title insurance). Buyer is
also charged for a title insurance policy if he acquires financing, but his
policy is greater coverage and insures the lender against prior lien rights.
TRANSFER TAX: A charge by the County of San Diego and is calculated at
$1.10 per $1000 of sales price. (In other municipalities there are also city
taxes!)
PRORATION OF PROPERTY TAXES: The tax year in San Diego County
runs from July 1 through June 30th. Escrow will always verify the date to
which taxes have been paid, pay taxes current, charge the seller for payment
up to the close of escrow, and charge the buyer (if the taxes are paid ahead
of the closing date) for taxes paid from closing date to date paid.
AFTER close of escrow the taxes will be newly assessed to reflect the sale
price, as provided by California law. Since the new tax rate becomes
effective on the date of sale, buyer will receive a SUPPLEMENTARY TAX BILL
for the period from close of escrow to the issuance of his newly assessed
bill. If you have recently purchased subject property, and have not yet paid
your Supplementary Tax Bill, it will remain your responsibility regardless
of this sale.
ZONE DISCLOSURE REPORTS: A zone disclosure report is a
detailing of geologic, soils, seismic, earthquake, flood, fire, and Mello
Roos disclosures pertinent to and publicly recorded as affecting subject
property. There are companies who provide this information and more
importantly take legal responsibility for the correctness and currency of
their information off the shoulders of the sellers, whose disclosure on
these items is now required by law. These are the first disclosures in
California where the Seller is legally obligated to investigate as and not
rely on only what he knows to be true. Costs range from $50-ish to $114 at
this time.
REAL ESTATE FEE: Sometimes known as “commission”, this is
the fee charged for our brokerage service and which is agreed in the listing
agreement. Commissions are NOT set by law, they are negotiable and reflect
the quality and amount of service and expertise a seller chooses. I charge
6% of the selling price, plus or minus for special circumstances.
WATER CONSERVATION RETROFIT, SMOKE DETECTOR COMPLIANCE, AND WATER HEATER
COMPLIANCE CERTIFICATIONS: San Diego has enacted Ordinances which
require compliance with standards for safety and water conservation. The
smoke detectors and hot water compliances are requirements against sellers.
The water conservation can be satisfied by either buyer or seller, but is
usually a seller cost. Smoke detectors are minimally expensive ($7-10 each.
Strapping kits for water heaters may be obtained for $20 or less at Home
Depot, but depending on the location of the water heater, may be difficult
or more expensive to accomplish with the required bolting, etc. Costs to
meet water conservation requirements for a 2-bath home averages $500, but
choices of fixtures, numbers of toilets, sinks, showerheads, location and
related plumbing issues can increase the cost.
TRANSACTION
COORDINATOR FEE: This fee is a relatively new (5 years or so) item in the
residential sale transaction. A Transaction Coordinator is charged with
making sure that deadlines, disclosure requirements, compliances and the
general outside-escrow agreements of the contract are all met. In the
propitiation of paperwork to make sure principals understand their legal
rights and obligations, the flurry of writing and reading has become so
great it necessitates a special administrator to be sure all is communicated
and complete. Most Transaction Coordinators work for several agents and have
a greater breadth of knowledge about these specific issues and related
experts you can call us, because of their broader exposure. Fees range from
$250-350 per seller or buyer side of the transaction. I choose to pay my
coordinator, rather than pass this cost on to the client.
LENDER
PAYOFF: Principal balance plus interest to the date the lender receives your
payoff. Lenders also charge for writing their payoff “demand” and for
issuing their “Re-conveyance”, which is the release of lien. Demands and
Recons generally range from $100-$150 per loan paid off. You will also be
charged $5 per page for recording the Re-conveyance.
CONDOMINIUM
TRANSFER FEE: If the property being sold is a condominium, most Associations
have a transfer and/or documentation fee. This is for producing all
their paperwork on budgets, CC&R’s, By-Laws, statements about litigation and
delinquent assessments, minutes, etc., as well as for changing their records
of ownership at close. Costs run $100 - $200 generally. In addition, Escrow
will prorate the homeowner’s monthly fee for the month of close.
RECORDING FEES: The seller is usually charged for recording releases of all
liens against the property and for any documentary changes needed to affect
the close. Typical cost is $20 - $50.
HOME WARRANTY: A 1-year
warranty on the (systems) electric, plumbing, heating, and hot water
heater, etc. in the building, does NOT include structure or termites or
roof. Generally seen as protecting the seller from those annoying (and
possibly expensive) calls after escrow that something doesn’t work, the
average cost runs $250 for condos and $280 for basic home coverage to $550
with additional coverage for pool, spa, washer, dryer, air conditioning,
etc.
SURVEY: Not typical in our area, since most property liens are
assumed by neighborly custom, but cost $500 to $2000 is typical, depending
on how extensive the required monuments and paperwork, and how far the
nearest markers are located.
TERMITE CLEARANCE: This is NOT required
by law, but it is a condition of many lenders and is typically provided by
sellers in Southern California sales. This would be fumigation (called
“tenting”) if required, or local treatment of any termite infestation, and
correction of any fungus or dry rot damage, including correction or
recommendation of contractor correcting of the cause.
REPAIRS: As
requested by buyer after physical inspection. Cost reflects type of repairs
and quality of work/guaranties required. Repairs in escrow must be done by
qualified professionals, to code if appropriate, and in quality at least as
good as that being repaired or replaced. Your repair contractor may accept
payment out of escrow rather than at time of work.
Some additional
costs may be elected by the parties. Buyers generally hire and pay for
inspections by general inspection contractors, sometimes also by engineers
or environmental specialists. Parties may choose to have attorneys or
financial counsel involved in their decisions and to review paper work.
Exchangers may use the services of an “Accommodator”. And there is no limit
to what a principal may choose to facilitate his transaction.
Generally these transaction costs are either expansible or add to the tax
basis of the property. It is always a good idea to have professional
guidance with taxes after a real estate transaction.
THE COMMISSION GOES WHERE?
*Commissions are not set by
law.
*Commissions are negotiable between seller and broker.
*I charge
6% commission unless there are special circumstances.
| |
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6%
Commission |
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- |
3% to
Buyers Agent |
|
- |
1% (+/-)
to Broker |
|
= |
2% (+/-)
to Agent: |
| |
|
And this 2% has to cover Agent Remuneration PLUS: |
| |
|
| |
- Multiple Listing Service
- Advertising, printing,
photography and processing, graphic design, publishing internet
site, access, advertising
- Signs, brochures, materials
- Assistants, situation hires -
salaries and benefits
- Promotions and materials
- San Diego/ California/
National Association of Realtors
- Other Associations, Meetings,
Accreditation Groups
- Auto: Maintenance, Fuel,
Insurance
- Office overhead: computers,
software, mobile phones, printers, fax, copier(s), supplies and
maintenance
- Education courses
- Postage, telephone service
- E&O Insurance
- And_________________
|
|
Note:
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An agent's commission income is GROSS. Agents do not
receive |
| |
Health Insurance for themselves or dependents |
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Life Insurance for themselves or dependents |
|
Salary Bonuses |
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Retirement plans or benefits |
What's so great about
Ginny
Link to Resources We're Proud to Share
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SOME MARKETING TIPS
STRATEGY
The best steps to the best results come from reality.
The ideal buyer is
financially qualified.
The ideal buyer is knowledgeable about
market and conditions, and is informed enough to make a decision he and you
can rely on to close escrow.
The ideal buyer has motivation to
buy, so that you don't have to provide it by offering him a "deal".
The ideal buyer sees value in YOUR product rather than
compromising on what he really wants and wanting to compromise your dollars.
The ideal buyer is emotionally ready to make a decision,
having resolved his "why" and cast off his apprehensions.
The
"average buyer" may not be able to perform, lacks confidence in his
decisions and is always second-guessing with outside opinions which may or
may not be well-informed, wants all the balls in his court, will have to
subtract on the price for features that don't satisfy him, and may not be
ready to meet a
resolution. The average buyer is your typical buyer. The
ideal buyer is what smart agents and sellers design their marketing to
attract.
The ideal buyer pays your best
price.
Selling residential real estate is
much like a series of "first dates". If the buyer prospect is not attracted,
all the rest of the business doesn't matter.
WHERE IS THAT
IDEAL BUYER?
1. Look around your neighborhood.
What kind of people live there? Since water and people seek their own level,
your ideal buyer is one of like kind.
2. Define what is most important
to that buyer - impression or comfort? style or space? looks or savings?
Accessorizing or ease of maintenance? etc. Of course everything is somewhere
in between, but where is the emphasis?
3. How can the strengths of the
property best be spotlighted and the drawbacks and limitations best be
minimized or off-set?
FIRST
IMPRESSIONS COUNT!
The objective is to sell and to
obtain the best possible price with the least possible upheaval. The market
has proven consistently that the property that is "Dressed for Success",
what we now call "Staged to Sell" generates the best possible seller
proceeds.
Time and money are always a
consideration in making any preparations. I would be happy to review with
you what will pay and what will only pay your ego, what you must do and what
is more optional. While we cannot assume that everyone's life experiences
are the same, we can be certain that most people have certain positive
experiences in common. It is our aim in staging a home to capitalize on
those common items. Likewise you will want to make your property attractive
to as many people as possible, since the greater the demand, the greater the
price. Packing up those very personal touches, 400 bowling trophies,
eliminating cigar odors, keeping your "wild and crazy"/possibly offensive to
someone else belongings in discreet storage can add to your possible
prospects.
NEUTRAL? Contrary to
most people, I do NOT believe that beige on beige is the best path to your
best price. Buyers make decisions on practical considerations, but they ACT
on emotions. How excited does beige make the average person? However, major
items of the property should be neutral enough to convert easily from seller
to buyer, regardless of any disparity in styles. Clever use of colorful
accessories and singular furnishings can provide real sizzle that grabs and
holds the buyer. Realtors know that 95% of the buyers who will look at your
property have NO visual imagination. What you show them is what they think
they will buy. So your presentation makes a HUGE difference in your buyer
response.
THE
MOST IMPORTANT ISSUES:
CURB APPEAL
CLEAN
SMELLS FRESH
LIGHT AND AIRY
QUIET
FRESH AND
WELL-MAINTAINED
ATTRACTIVE OUTLOOK FROM THE WINDOWS |
OVERALL
ITEMS
Windows and doors should all
open evenly. Locks with missing keys should be replaced.
Any invasion of the premises
by critters, mildew or mold should be eliminated.
Light makes a home feel
larger, cleaner and better kept. Both natural and synthetic light are
important to the impression that will create the response most desired.
Windows should be clean and
coverings pulled back to welcome natural light as much as possible.
Skylights and "Solar tubes" can enormously change the quality of natural
light, and should also be clean to reflect the greatest crystalline
light.
Many people choose to have
rheostats on light fixtures so they can control the brightness for
different functions. However when a property is for sale, all lights and
fixtures and lamps should carry the highest wattage they are allowed,
and rheostats left on the highest setting to "stage" the interior at its
brightest, biggest, cleanest.
Mirrors can enhance light,
space and views. Color affects perception of size, cleanliness,
temperature, mood and style. While whites and light colors, with subtle
or no patterns rather than dominant blocks, create impressions of the
most space and openness, single rooms with dramatic color make very
appealing libraries or dining rooms where intimacy is desired, and
clever colorful accessories may set an entire tone of fashion or flair.
Avoid trendy. A big difference
between "classic" and "trendy" colors and accessories is time. The very
stylish appliances of avocado and harvest gold soon became fashionably
obsolete, while the classic whites and even black will have a life
extendable by their easy incorporation into other modes. Already the
mauves and grays are significantly dated, while the classic rich jewel
tones and pastels recur repeatedly with slightly different accents.
Sound has become rather more
critical as the density of communities and the frequency of stressful
lifestyles has increased. Quiet is a valuable commodity to sell.
However, this is usually a fact of location rather than under owner
control. If your property has noise issues, in addition to meeting your
disclosure responsibilities, you may choose to take advantage of some of
the masking devices. Courtyard fountains can draw the attention from
nearby freeway cacophony. Repair any mechanicals (bathroom ceiling fans
are a frequent offender!) that create audible disturbances. When the
property is being shown, try to avoid crying children, barking dogs,
vacuums and lawnmower sounds. Classical or "elevator" music can seem
soothing.
CLEANLINESS IS NEXT TO YOUR BEST PRICE!
The scent of cleanliness and fresh air is reassuring. In addition to
a good (professionals are not very expensive!) thorough cleaning, you
could try:
-
Lemon oil on furniture.
-
New polyurethane on floors, latex paint on walls.
Refrigerators perk up with baking soda or rolled newspapers inside.
-
If smokers live in the house, a thorough cleaning,
fresh paint and smoking ONLY out of doors until you move will help
immeasurably.
-
Baking or vanilla in the oven, fresh scented flowers,
rosemary in a vase. Lit candles leave an inviting scent as well as
showing well.
-
Once you have decided to take the steps to show your
property with its best foot forward, be prepared to be thorough. New
carpet doesn't bring any benefit if the walls are dirty and windows
are broken and dull. Whether fixing an occupied residence or
building a new home, the value dollars are in the finishing details.
Doing 3/4 of the job will earn you 1/4 of the benefit.
HELPING YOUR CHILDREN MANAGE A HOME MOVE
-
Routine makes all of us comfortable, but change can make us alert,
fresh and moving forward. Moving to a new home can help children
learn this, if they are shown how to focus on the “to” and not fret
on leaving the “from”. You can help.Tell them as soon as possible,
so they don’t find out by accident.Tell
them as soon as possible, so they don’t find out by accident
-
Discuss the benefits – a
“do-over” for anything they want to change, keep the old but add the
new friends, how to prepare for that first day in new school –
possible answers, topics.
-
Make time for them to work on
their best new first impression.
-
Listen to them. What are
their concerns.
-
Involve them in the process
so it doesn’t feel like it is happening TO them. Provide change of
address cards for THEIR friends.
-
Make a First-to-Unpack Box
for the new home, including a few special “more grown up” surprises?
-
Get as much information from
the new destination about activities your child(ren) likes, the
school, perhaps a talk with a new teacher ahead of time or a student
pen pal before the move? Your new Realtor might provide photos of
how the kids look/dress at school.
THE CONTRACT
In California Realtors are presumed to have a “limited license” to write
purchase contracts. However, because they are not attorneys, we do
not create these documents, they are provided to us and we fill them in,
holding responsibility (which is why our incessant Coldwell Banker legal
training is so immorality and appearance and to code, and the like.
The California Association of Realtors, which provides our forms, is
constantly reviewing and revising so that there is little probability of
there being an issue that won’t be in front of us on the form so that we
are sure to address it.
CONTINGENCY SALES
Contingent offers are a fairly normal part of the residential sales
world. Most buyers are living somewhere when they go to buy a home.
Realtors, escrows, and lenders are all familiar with these transactions
and know exactly what and how to do it. Buyers and sellers are not.
Sellers, predictably, prefer offers without contingencies for sale,
because this contingency in effect adds the if's and but's of another
entire transaction, which must close in order for the seller's deal to
close. Usually therefore a seller will agree to a contingency sale if he
is given a little compensation...usually a little higher price or
something else. Seller's with difficult to sell properties will often
accept a contingency. Many buyers can avert contingency purchases by
arranging "interim" or "bridge" financing to carry them for 1-3 months
from the close of the new property to the closing of the sale of the old
property. This adds the dollars to their cost that might otherwise go to
the seller for allowing a contingency.
Contingency offers
generally carry a "72-hour Clause" as part of the agreement, under which
clause the seller has the right to continue to offer the property for
sale and, if he receives another acceptable offer, to issue to the Buyer
a 72-hour notice to release his sale, financing and other contingencies
and prove he can perform or release the contract within 72-hours. Since
a NON-contingent-for-sale contract has a 17-days for inspections and
financing and all other investigations period under which the buyer can
withdraw with no loss of deposit, I generally try to make the 72-hour
clause effectible AFTER the release of all other contingencies, but I
don't always get my way.
The point of a
contingency is to protect a buyer's deposit. so as long as any
contingency stands the buyer is protected from loss. Generally, a
contingent buyer would be smart to obtain a good deposit from HIS buyer
so that if he has to default because his buyer defaults, the deposit
lost is effectively paid by his buyer. And risks are always more or less
in any specific situation, the only sure escrow, we say, is a closed
one.
SHOULD I HAVE MY HOME "STAGED" BEFORE SELLING?
The question, of course, is
about money as well as added work and aggravation. The answer, of
course, is that "staging" is a temporary overhaul that enhances the
existing positive features of the property and minimizes the negative
features. Most of us can't do that on our own.
A professional
"stager" can objectively appraise and skillfully advise:
Where the
property needs attention
What expenses
will make a prominent (dollar-billowing) effect What is
"clutter" and what is decor
How much of the
furnishings should be removed, stored, and if it would be wise
to briefly rent a few things to complete the look
Where the
placement of fresh plants, orchids, floral arrangements and
landscape will earn you money
Most agents will be glad to
give you advice on your specific home, but most of us are not schooled
and credentialed in design. And most of us do not have ready warehouses
of just right pieces.
And finally, can you live
with someone rearranging your choices, your "stuff" and your life
habits. Under all is the priority of your peace of mind.
Range Pricing
Range pricing is, similar to flat pricing,
as reliable as the motivation of the seller. In either case we get
prices that are or are not appropriate. Generally, however, range price
reflects either a) a very difficult to price property and so they are
hoping to see what comes in within the "reasonable" range, or b) a
disparity between seller (usually the high end) and agent (usually low
end).
I recommend sellers choose a definite price rather than a range. You
have one chance to make a strong first impression. It is a stronger
statement and negotiating posture to say this is our price than to say
maybe we are here or there. All buyers already know prices can be
negotiated, depending on the original price and the market conditions. I
don't think it serves a seller's initial possibilities to suggest that
he is already unsure of his value.
CAPITAL GAINS UPDATE
EXCITING
NEWS FOR HOMEOWNERS
The tax bill signed by
President Clinton on August 5, 1997 made significant changes that
benefit real estate holders, including capital gains tax exclusions on
the sale of a principal residence, penalty-free withdrawals from
existing and new IRAs for the purchase of a home by a first-time buyer,
and reduced estate taxes.
SELLING A
HOME.
The new tax law allows sellers
to pocket the entire gain from the sale of a principal residence, where
the seller has resided two of the last five years, up to a
maximum of $250,000 per individual or $500,000 for a married couple. Any
profit in excess of the maximum amount is taxed at the new lower capital
gains tax rate (see below). And this principal residence exclusion can
be used over and over again, every 2 years + 1day.
The "rollover provision",
which allowed a seller to avoid capital gains by purchasing a home of
equal or greater value, has been repealed in favor of this new law which
does not require any repurchase!
The over-55-years of age
provision has been repealed. However, the new law allows a greater
exclusion, regardless of age, and every two years for an unlimited
(unless the law is changed) number of principal residence sales. If you
have used your over-55 exclusion, you can have it all over again and
more!
LOSSES ON THE SALE OF A
PERSONAL RESIDENCE.
Taxpayers still cannot deduct losses on the
sale of their personal residence.
NEW CAPITAL
GAINS TAX RATES.
Capital gains rates are
fluctuating like regular tax rates and are based on the individual's
taxable income, however, they are lower than before. Individuals in the
28% income tax bracket will pay 20% on their capital gains. Individuals
in the 15% income tax bracket will pay 10% on their capital gains. And
the overall capital gains rates are scheduled to be reduced even further
in 2001, to 18% and 8% respectively, for assets purchased after December
31, 2000 and held 5 years or more.
HOLDING PERIODS.
Effective July 1997 the holding period for assets to qualify for capital
gains treatments has been increased from 12 to 18 months.
INVESTMENT PROPERTY.
A sale of an investment property considers "gains" in two categories.
Any gains due to Appreciation will be taxed at 20% as above. Gains due
to Depreciation recapture will be taxed at 25% (still a 3% saving).
1031 EXCHANGE RULES.
1031
Exchange rules have not changed.
Any tax information is
provided as a courtesy and without a guarantee. See your personal
tax professional for specifics to your case.
IRA MONEY FOR DOWN
PAYMENTS.
Buyers, their grandparents, parents, children, or
spouses may remove up to $10,000 penalty-free from existing and new
"American Dream" IRA's for the down payment and closing costs for a
first-time home. But this must be done correctly. Ask your
financial advisor to guide you.