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................................................... ---- ------------------------------------------ ------------------------------------------And here is the VALUE in my AFFILIATION for YOU : --- FIRST: I will always FOCUS FIRST on our EXCURSION with you, to help find your own ----------------"Perfect Little Pocket" FIRST ... ... AND to NARROW the entire market of houses For Sale down to a HANDFUL of SENSIBLE Choices ... YOU'VE picked for YOURSELF along the way. (We'll keep a List) .............................................................................,........THEN ... ----------------We'll look INSIDE the Houses You've Picked for YOURSELF in your own favorite little ----------------Nook or Cranny ... so that you DON'T end up with a terrible case of BUYERS REMORSE ----------------in the "WRONG" Dream House ... before you even know the Neighborhood. ...................................Like the Original Settlers would have taken WEEKS to do on Horseback ... -----------------------------------------------------------------TARGETING --------------------------------------------- the all important LOCATION for you FIRST ... ------------------------------------------------------------FOCUSES your Efforts ---------------------------------On the MANY GOOD THINGS that Logically Flow from finding your own -----------------------LLLLL-----------------"Perfect - Little - Pocket" FIRST...! --LIKE: The efficiency of automatically NARROWING the Entire Market of Houses For Sale... ----------------------------------DOWN to those-available in the EXACT "Right Location" for YOU ... ---------------Leaves only a HANDFUL of the Most SENSIBLE Choices-you then "Pick for YOURSELF" to see INSIDE. --LIKE: Not FUNDING 3 Full Commissions Instead of 1 - to Fix the "MISTAKE" ------------when you end up with.Buyers Remorse. (See VIDEO Intro at HighEndBuyersRemorseTerminator.com ) --LIKE: Not having to go through the MISERY of moving Again, and finding the "Right Place" for EVERYTHING .................................----------..................-...--..........All - Over - Again ... When all you THOUGHT you were doing was coming to Relax ... Have some Fun ... and be HAPPY! ---------THAT's why finding your Own "Perfect Little Pocket" FIRST is the ONLY approach that makes .................................---------.........-......................"PERFECT" Sense ... ------------and may be the MOST - IMPORTANT - THING you ever do towards preventing your OWN Buyers Remorse. ----LLLL------------------I. MAKING AN OFFER -----------------------------TIME ~ TACTICS ~ TERMS -------LLLLLLLL------------------(The Building Blocks of your "NEGOTIATING" STRATEGY) TIME : 1. When it's TIME to make an Offer: .....All Agents loathe saying ANYTHING that "Risk" having a sincere High End Buyer walk away in frustration ..... ----without Closing a Deal. So, when you DO "fall in love" it puts a very Big Smile on any Agent's face. BUT ... When the inevitable Quality, Glitter, and Views at the High End bring you to Absolute ELATION ... ........... If it IS BEFORE you Even know what's at the Other End of the Street ... ------... If it IS BEFORE you've even found your own FAVORITE Part of the Neighborhood... ----------And I sense your checkbook is about to Leap-Out-of-Your-Pocket to make an Offer... -----------------------INSTEAD of simply allowing Inertia to GUARANTEE my Reward ... ---------------------------------------------------------- 2. When it's REALLY TIME to Make an Offer ... When you're SURE you -------------------------------------------ABSOLUTELY.want THIS Property ... I Will Remind You: "TIME is of the Essence." Because even with "Near" and FULL "Asking Price" Offers, the"SELLER" may STILL EXPECT the Listing Broker to -------------------------- ---------------SHOP - YOUR - OFFER ------------------------------------And, THAT takes TIME ... you DON'T want to allow. Buyers NEED To Understand: Brokers sometimes help themselves GET Listings by telling SELLERS ... "Of course, when an Offer comes in, I'll promptly CALL EVERY AGENT WHOSE SHOWN THE HOUSE --------------------------------------------------to Bring In COMPETING BIDS." (It's not an Idle promise.) A) Did You Know: Modern Electronic "Lockboxes" (Key holders that let Agents into houses) keep a current "History" of ALL Agents who have Previously Shown "YOUR" Dream Home to Other Prospective Buyers, instantly providing Electronic Access to this "List" ... to Listing Brokers? B) Did You Know: ALL Listing Brokers have a"FIDUCIARY Duty" to obtain the Highest Possible PRICE, at the BEST TERMS ... For the SELLER? This is a VERY Big Deal, it's the Law, and BROKERS can't Help that it's part of their Job. They don't make the laws. But they ARE Singularly held legally responsible to SELLERS for fulfilling the Highly Interpretative "NUANCES" of Fiduciary Duty (the "HIGHEST" Legal duty) ... While only owing the less "Litigious" LOWER Duty of "Honesty" to the BUYER. At the heart is the"Free Markets" Supply and Demand issue of Democracy. But it can leave a "Bad First Taste" about Listing Brokers - whose interest seems the SAME as the Seller's due to a Higher PRICE bringing a Higher Commission. Which is true. But not AS "true" as overpriced listings NOT selling at all. So in Reality ... Listing Brokers spend a lot more time talking enthusiastic SELLERS "Down" to Realistic Pricing to obtain a sale at all. That is, at least until you get to the HIGH - HIGH END where no one is passing out their secrets. Even most Brokers find themselves shaking their heads at this rarefied Wild West, wondering HOW anyone pulled THAT price out of their Hat ... then GOT it? Only to watch it become the "Next" Highest COMP. Still, there is some hope for Buyers. Depending on Market Conditions, many Offers ARE "Accepted, Rejected, or Countered" WITHOUT ever seeking other Bids ... largely due to the SELLER'S POWERFUL FEAR of LOSING a REAL BUYER. (EVEN when the Broker advises they "think" they can do better ... with a little Time.) THAT ... is EXACTLY the situation a BUYER wants to "Create" with their Offer. The Seller's AND Buyer's "FEAR" of Not Getting Exactly What They Want - is the very thing they have most in common. So, regardless of the PRICE you're willing to Offer ... the strongest End Run around Competitors Offers (and sometimes Industry "preferences") is a Clear Message ... DIRECT from the BUYER - STRAIGHT to the SELLER'S Heart. A "message" YOU create with ... --------------------------------------------------TACTICS..... .............-------....If you REALLY "Want the House!" ... DON'T "just be yourself!" Be a mystery ... ..................--------.....These are NOT your friends yet, and It creates a Stronger Position if "Negotiations" become complex. 1) At the High End - you want to "Show" you're Certain, Ready, FAST, and MEAN what you say. WITHOUT "Showing" you're Smitten. You'll buy the house, period. If by chance you meet the owner - be calm, warm, don't try to impress. You love the Area, the Weather, the Golf ... but the HOUSE ... "Will serve your Purpose." "Suit your needs." "Is convenient for your business." DON'T' PUT IT DOWN. DON'T imply it's "expensive." Leave them GUESSING. Even if you LOVE the View, etc., " ... It's a nice view." Implying ... Nothing you're unaccustomed to. 2) You want to IMPLY without directly "saying" you're Private, Efficient, Busy, and have Many Great options at the High End you-may-be-considering. Don't talk too much. Don't ask a lot of questions to be friendly. Don't "oooh & aaah" when you walk into a great room, or look out over a truly magnificent vista and experience majesty ... turn and comment on the "Wonderful family portrait on the wall" instead. Be a Mystery... ... they're watching every clue like a Hawk. For YOU ... it's just "business as usual." 3) You want to Infer (especially in front of the Seller's Agent) you're the type with "little Time or Patience before you'll be moving on to "Get the Job Done" (...not a "Hollywood Production" ... Quietly. Subtly.) Appear more Goal Oriented than "Picky" to insinuate "MANY other houses might please you as well. THIS one may be fine for now. You're Down to Earth and comfortable with getting what you want. Even if you LOVE the house, don't say it. NOT even to your Agent, unless you've signed a Buyers Representation Agreement which REQUIRES Fiduciary Confidentiality and Loyalty to YOUR side. Because ... ...........................................-------......ALL BUYERS NEED TO UNDERSTAND: Agents don't make the laws. They can't help when showing you their Own Company's Listings, their Highest FIDUCIARY Duty is exactly the same as their company's Listing Broker (which IS to obtain "Highest & Best" for the SELLER). ANYTHING they learn about YOU that Helps the SELLER's side ... can legally end up ... helping the Seller's side. And your Agent can't legally help that. So what if the House YOU fall in LOVE with IS Listed with your Agent's company? It can easily lead YOU into ... ..............................................-----...................DUAL AGENCY ...................................-........( What Is Dual Agency? It has a bad reputation ... with notable exceptions. ) ----------------------------Buckle Up for this one because it's important and complex ... ------------------And means the LISTING Broker will be representing both the BUYER & SELLER. DUAL AGENCY is NOT innately IMMORAL or a BAD thing, and can legitimately be more EFFICIENT when the Buyer and Seller are of "Like Mind" as to Terms and Price - so the SELLER simply Accepts the Offer. But when there "May" be COUNTER OFFERS from the Seller, or Other BID'S coming in ... you REALLY need to know what's coming your way. Because while DUAL AGENCY is never a "good" option, it is nonetheless OFTEN your BEST option until laws change.. Many SELLERS have already given their INFORMED CONSENT to DUAL AGENCY when they entered the Listing Agreement, because Dual Agency is to their ADVANTAGE in most states. EVEN THOUGH it may require them to Equally SHARE their own Listing Broker's all IMPORTANT FIDUCIARY DUTY with a BUYER ... eventually. And THAT sounds suspiciously "magnanimous" for a Seller. So WHY would they do it? Because: UNTIL YOU showed Up with an OFFER - (probably ALREADY "In the Ball Park" if you're being taken seriously enough to seek your signature for representation under DUAL AGENCY) ... The SELLER Has Already HAD their LARGE Dose of UNDIVIDED "Fiduciary LOYALTY from the Listing Broker to MARKET their property, Establish an ASKING Price with REAL "Sold" Comps, discuss a Rock Bottom price, and LOTS of "other" Professional Advice. While YOU ... NEVER WILL. JUST when the BUYER needs it MOST ... you're left with lukewarm DIVIDED Fiduciary Loyalty, and N0 ONE Negotiating for YOU with FULL Fiduciary Range towards the LOWEST Possible Price and Best Terms in further negotiations if the SELLER : a) COUNTERS your Offer, or ... b) COMPETING BIDS come in. NO ONE in the ENTIRE Listing Company will "legally" be allowed to ADVISE YOU (even as to "Possibly" offering BELOW "Asking Price") ... once you've signed on for DUAL AGENCY... --------------------------------* If you feel the house has been on the Market for a long time, --------------------------------* or believe the overall "Market" is moving in the "Buyers" favor. --------------------------------------------------------------------Why ...? Because Technically: While the Listing Broker & Company WILL be YOUR "representative" TOO ... THEY (the Broker, your Agent, and EVERY agent working under the Company's Broker's License , including those at Branch Offices) will have their hands tied by the Dual Agency. Which will NO LONGER allow them to legally ADVISE in EITHER party's favor as to "Negotiating": ---------------------------*Price, *Terms, *Offers, or *Counteroffers. ------------------------------------------IT'S CALLED "LOSS OF ADVOCACY" So: * What IS the BEST way to handle that SELLER'S Counter Offer? "Sorry, can't "Advise." * What if the Broker's Company has ANOTHER Agent's BUYER make an Offer too? "Sorry, can't "Advise." * Should you counter? Hold Firm? Ask for proof? Are their TERMS as good? "Sorry, can't "Advise." ------------------------------------------------------------------"Sorry ...?" They CAN'T "legally" give you ANY "ADVICE" that advocates FOR ... and thereby HURTs either side unless it's a Material Fact that affects the property's value or desirability. In fact, they'll be asking YOU ... "What do you want to do ... Accept? Counter? Here it is! What do you want to do ... ?" ( When even "BACKUP" offers can weaken your position. ) ------------------------------------------------------------------BUYER --------------------------------------------------------------------------JJJJJJ-------------(Shoulders drooping...) -------O----------------------------------------Should I hire a LAWYER to get some unvarnished help ... -------------------------------------------------... now that "things" suddenly got so COMPLICATED? --LLLH---------------------------------------------------"Sorry, can't "Advise ... that's up to you." But for the SELLER : a) The Listing Broker (who DOES have the same interest in a Higher Price, for a Higher commission) WILL still be evaluating and presenting other BIDS coming across their desk ... " to clearly Present and Delineate" - merely to "Facilitate" the Transaction. ONLY ... now as a DUAL Agent ... WITHOUT giving a drop of "ADVICE" to their Seller ...? b) The Broker will no longer be allowed to "Recommend" which offer the Seller Accepts. But communication is subtle and sometimes doesn't even require words. And there isn't going to be anyone in the room reviewing language, calls, messages, winks and nods to "Police" what goes on. For the BUYER: ... that DUAL AGENCY "outlined" in the PURCHASE CONTRACT made no mention of a CLAUSE found in the middle of the page on one of those "DISCLOSURE" CONSENT forms you have to ALSO Sign - that show you've been "INFORMED" that the Professional now protecting YOUR Interest with EQUALLY Divided FIDUCIARY Duty, (your OWN Listing Broker DUAL AGENT) is THE VERY PERSON that's Still going to ... ----------------------------------------------------------------------SHOP YOUR OFFER ---------------------------------------------------For the Highest Price and Best Terms for the SELLER! ------------------------------------------------------------------------------"... what?" -----------They told you. It's just not W-O-R-D-E-D "SHOP YOUR OFFER ." It's Called something like... ---------------------------------------------NON CONFIDENTIALITY OF OFFERS Where (depending on the State) the Buyer is advised the Listing Agent or Seller MAY DISCLOSE the Existence, Terms, or Conditions of BUYER's Offer. That is UNLESS you can talk the Seller and their Agent into signing a CONFIDENTIALITY Agreement. ------------------------------------------------And WHY would they do THAT...! Logically, even SPLIT "FIDUCIARY" DUTY wouldn't allow them to do ANYTHING against the Buyer's Interest (or the Sellers). -------------------------------------------------But NOW ... they've told you. And YOU signed this DISCLOSURE AND CONSENT form - WITHOUT "Crossing OUT" the "NON CONFIDENTIALITY OF OFFERS" language ... which would at least have given you LEVERAGE towards obtaining that CONFIDENTIALITY Agreement from the Seller, in exchange for the DUAL AGENCY that allows FULL Commission to go to the Listing Broker. But, what good is ANY of that going to do you - when they can simply tell OTHER Bidders they're "continuing to look for Higher Offers"... while telling YOU they Have "other" offers, Higher offers, or "implying" the same by simply SAYING "...we're currently "COLLECTING Offers" to present to the Seller NEXT week ... without having to prove a thing under current laws? ---------------AND, EVEN WITH ALL OF THAT ... DUAL AGENCY may still be your best bet. Because unlike going to the movies, buying a house is simply NOT "First Come - First Serve" in a Free Market. And they are going to be able to Shop your Offer. (But there is something you can do about it. See "TERMS - Short Deadline" below). But a BUYER "might" be forgiven for having thought it was surely OK to be"Open" about their Negotiating Position - with their OWN AGENT. But if that Agents Listing Broker has become Your Dual agent ... it might already be TOO late if they already know ... -----------------------------------------------------------------...you just ADORE that HOUSE! ----------------------------------------------(And THAT little "insight" ... you can take to the BANK ... or Not.) -----------------------------Our opinion, NEVER show ANYONE just how much you LOVE a home, until Escrow is Closed. BUT... What if the property's been on the Market for a YEAR! Who's going to "suddenly" SHOW UP with another Offer? How about - a Lurking Local Investor with an agent in their pocket whose privy to fast Office Gossip, whose been eagerly waiting for the price to fall "one more time" ... and suddenly gets word it's Now or Never? And unlike you ... THEY may be"Repeat Business." And always so appreciative. ............................................................~ "Possible" SOLUTION ~ ------------------------------------------------DUAL AGENCY DESIGNATED Sales Agents (Dual Agency Designees) A "separate" Sales Agent assigned by the Listing Broker for the BUYER, and SELLER. -----------------( It certainly "sounds" fair, and has long been a "Go To" common practice in many States.) But what "actual" good does it do BUYERS? These are the Listing Broker's Company Agents provided to "NEGOTIATE" on your behalf (IF, it can be called "Negotiate.") Because (with the possible exception of Massachusetts), these Legally Hobbled DESIGNEES are NOT allowed to provide the "NORMAL" FULL RANGE of "FIDUCIARY DUTIES to "Negotiate" with UNDIVIDED LOYALTY in the BUYER'S favor, "either." According to the California Bureau of Real Estate, "FIDUCIARY" Duties INCLUDE: --------------------------------------------Confidentiality Account to the Principal (financial) --------------------------------------------Utmost Care Full Disclosure of Material Facts --------------------------------------------Fairness Honesty without Fraud or Deceit -----------------------------------LOYALTY Duty to "Explain" and "Counsel. So, "exactly" WHAT is TAKEN AWAY from "Normal" Fiduciary Duty ... by agreeing to DUAL AGENCY? What "Simply Disappears" without mention in preprinted ----------------------------------------Listing & Purchase Contracts you sign? ----------------------------------------------------MISSING IN ACTION :
Because: In 2014 the California Court of APPEALS ruled: "... it is a mistake - and a common myth - that when there are two agents of the same company in a dual agency situation, each of them only has fiduciary duties to his/her personal client. They are both the fiduciaries of both." Just like their designated Listing Broker - whose company actually owns ALL the listings, regardless of WHAT agent brought the listing in. BECAUSE ... THIS DUAL AGENCY "Designee"... Has the Exact same DEGREE of Fiduciary Duty as their company's designated Listing Broker, as has always been true. And while DUAL AGENCY Contracts may "emphasize" that ---------------------------------------Designees have "Fiduciary Duty" of : ----------------------Confidentiality Honesty Integrity Financial Accounting Reasonable Care ----------------------Disclosure of Material Facts And Obedience to lawful instructions" - for BOTH sides ... This Long Litany of Wonderful Things found in Listing and Purchase Agreements, can more "Mask" than Inform as to the more Relevant "WHAT"has actually been LOST ... and readily leave the common sense of laymen BELIEVING their AGENT STILL has the legal tools to: ...................................a) Seek HIGHEST Price & Best Terms for the SELLER. ...................................b) Seek LOWEST Price & Best Terms for the BUYER. ...................................c) And "Naturally"- will be providing ADVICE. Yet, ALL LOST by DUAL AGENCY (and not even mentioned in contracts). While the "PROS" you ALREADY HAD in "AGENCY" ... are Fastidiously "Marched Out" with Great Aplomb instead. --------------Worse: This supposed "Equal" treatment is not even as "equal" as it may seem: For the SELLER: The Listing Company's "Commission Interest" is FAVORED by a HIGHER PRICE - ----------------------------------and PERFECTLY ALIGNED with the SELLER's Interest. For the BUYER: The Listing Company's "Commission Interest" in a HIGHER PRICE - -----------------------------------is AGAINST the BUYER'S Interest - to obtain the LOWEST PRICE. EVEN with the BEST of Intentions ... DUAL AGENCY is Structurally Deficient. (And especially for BUYERS.) So: CAN it really be "legitimate," IF the SELLER DOES agree with your Terms, and simply says they're going to ACCEPT your Offer? Yes. But not without "Risk..." What if the Seller changes their mind before "Actually" Signing ... if a BETTER Offer suddenly SHOWS UP? What if they have "SELLERS REMORSE" and decide they'd rather COUNTER HIGHER after all? No Matter what you're TOLD "Verbally" by the Broker, your Agent, or the Seller ---------------------------------------------(Sometimes just to Gain "Time" to SHOP YOUR OFFER) it won't hold up in court If the SELLER changes their mind before SIGNING and Delivery. .............................................And YOU won't HAVE "SIGNED" Acceptance ... Until AFTER you've Signed the DUAL AGENCY "Informed Consent" and Purchase Contract ALLOWING the Listing Company to Represent your Offer to the Seller. Which will leave you in DUAL AGENCY - with NO meaningful ADVICE to compete with future Adversarial Bids, or even experienced help in Strategizing the best way to COUNTER the Seller on the "next round" beyond mere "facilitation." ....................................----.........THAT'S THE RISK OF DUAL AGENCY. But ... Despite these realities of "worst case scenario"... in the REAL WORLD nice people usually mean what they say, and MANY properties are simply transferred "straight across the board," nicely and efficiently under DUAL AGENCY. Probably, because many honest Brokers and Agents who were educated by the laws of this Industry (which was already Spinning Like a Top the day we were all born), are not only NOT to Blame ... but will Stretch-Their Necks Out for you to make DUAL AGENCY work AT ALL. It's clear from Advice Blogs that many Brokers and Agents recognize the "RULES" are born of DECADES of "Clumping" a Patch-Work Army of Lawyering over 50 States ... that have progressively cumulated into a seemingly "Intentional" Complexity designed to protect Industry profits over Consumers it could clearly better serve. It's doubtful that ANYONE could understand it all. Even many professionals in the industry aren't always "SURE" - and can barely keep up with exactly "what" applies when, where, why, which, if, after, before, because, until, sometimes, always, especially, usually, except, or HOW ... each and every little thing is supposed to be done. And all the diamonds "facets" Rotate by the different "perspectives" created when working for the Buyer, the Seller, Both, Yourself, the Bank, the government, family, non-resident aliens ... TOO MANY RULES! Too many "exceptions." So, while it's "difficult" for us, it can be impossibly confusing for laymen when unethical Agents use this quagmire like "Brer Rabbit" to hide in the thorny "Briar Patch" of complexity. But even when most of us may have done our level best, followed the laws, and are morally "pristine" in intent, ALL of this "Bramble" can be a nightmare for our workdays, and especially when sincerely DISAPPOINTED clients lose their ABSOLUTE Dream House they thought was going to be HOME... and have to start the search all over again. It's easy to become a cynic. -------------------And that's WHY your best hope for a GOOD Outcome is always going to lie in something quite invisible. -----------------------------------------------------------------------------------Honor Fortunately, it's a Profound Preference for people of conscience. Because "Honor" fixes everything. Think Aristotle, Hippocrates, Washington, Franklin, Adams, Jefferson, Lincoln, Eisenhower, Churchill, Shakespeare, Pasteur, Courie, Salk, Tesla, Edison, Farnsworth (Television), Ford, Einstein, Musk, Disney, Spielberg, Lucas, Gates, Zuckerberg, Page, Brin, Bezos, Jobs for starters ... and all the soldiers, diplomats, peace officers, firemen, medical personnel, and loved ones' who have sacrificed over history on our behalf. ------------------------------------------------------------------GOODNESS is ALSO a fact of life. And the High End Buyers Remorse Terminator is here now ... To give some of the most Honest people in the industry a voice you can hear to FIND them ... And, profound REASON to BELIEVE. Because you may Well Be Viewing This Website right now ... From an AFFILIATE'S Recommendation. And ... ALL AFFILIATES KNOW ... NO ONE CAN PUT THE GENIE BACK IN THE BOTTLE They KNOW that NOW ... you're going to be looking Over Their Shoulders and asking a LOT more difficult "QUESTIONS" than ever before, and knowing EXACTLY what to watch out for. YET ... they STILL look forward to working with you. And that speaks volumes about anyone's Integrity. ------------------------But people WILL take "Risks" where there's a lot of money involved. And that's what makes the High End the MOST dangerous. In 2014 California alone had 435 "Outright Revocations" of Real Estate Licenses by our exemplary CA Bureau of Real Estate, headed by Commissioner Wayne Bell since Gov. Jerry Brown's appointment in 2013, as the FIRST commissioner to be appointed from INSIDE THE RANKS of the Department. Perhaps due in no small part to the fact that Mr. Bell also has a list of public service and legal education over a lifetime that is staggeringly impressive. See ( http:// BRE.CA.gov/Publicatioins/RealEstateBulletin.html ) Spring 2013 edition. Perhaps that is at least a temporary answer, and other states might take note. But "SOME" things that affect EVERYONE in a society as much as Real Estate, National Defense, Auto Safety, the Air We Breathe, even road signs and driving rules ... simply need to be under a larger umbrella to avoid the resultant corruption of Divide and Conquer Legislative "tactics" long used by BIG familiar industry's like Insurance, Tobacco growers, Oil, and State Representatives who pursue $398 million dollar "Bridges to Nowhere" ... by buying the people's government through lobbyist, perks, and cronyism. But ... we already all know this. We just can't EVER quite seem to figure out if we're actually getting "better" ... or "worse?" REAL ESTATE... is easier to fix than most of those problems. Suppose we had a REAL ESTATE CZAR appointed to the executive branch by the President to "think tank" and advance NATIONAL Legislation to tune the true good our much needed Industry can provide for the public - and for ourselves? To develop simpler, intelligent National Education courses far more "specifically" relevant to training Agents and Brokers for their jobs ... rather than having no earthly idea "how" to actually DO the job ... the day you get your license. After all, it only took a handful of smart people in a room to come up with some great new rules to run our entire country. Instead, today the endless legal doctrines, court precedents, and confusing rules of 50 states are scrambled into a BRAMBLE of unclear legal requirements with a million exceptions, if, ands and buts and shot "scatter gun" across the land. It's bad seed that could only keeps lawyers happy, and it's not their fault either. In fact, there is simply NO solution without "good" lawyers like Lincoln. But for now, even with the BIAS in favor of the SELLER ... that "BIAS" is NOTHING compared to what INTENTIONAL dishonesty can do in an environment of BLIND AUCTIONS. In fact, the "Potential" for Abuse of DUAL AGENCY is SO Strong, and the Requirement for HONOR so HIGH to make it work at ALL ... It's been Banned in at least 3 States (Florida, Colorado and Kansas), while others like California REQUIRE Disclosures with very"Specific Language" in an effort to continue allowing it. WHY...? --------------------------------The OTHER Side of the DUAL AGENCY $ COIN $ ----------What is a Company with 150 Agents supposed to do when they have "most" of the Good Listings in town ... A) If NONE of their agents wanted to show ANY of their OWN Company's Listings that YOU want to see .... because of the "potential" perils of DUAL AGENCY? Or... B) One of their Agents who HAS properly shown you the WHOLE Open Market ... finds YOU choosing one of THEIR company's Listings? Should they send you off to one of their competitors for INDEPENDENT representation ... and LOSE HALF the commission? When THEY did ALL the work? Would that be fair? Or, off to a Lawyer that costs YOU and may DELAY your Offer while another gets ACCEPTED instead, and you LOSE your Dream Home? What if THEY are the really Honest People in town ... and know they wouldn't be doing you any favor sending you elsewhere? C) What if After a company BROKER has competed to obtain a Listing, developed marketing strategy, staged the house, taken pictures, made Web, Magazine, Flyer, and Newspaper ads, held Open Houses, held the Seller's hand, carried liability, trained agents, displayed the house on Virtual Video tours they've produced for Web and Walk-Ins to their offices (which they staff), showed the property numerous times, and 24/7 answered all inquiries for months and months until one day - they receive a call from their own FOR SALE Sign on the Lawn from a BUYER standing there who REALLY wants to see inside ...BEFORE they leave town at 4:00 and won't be back for a month? ----------------------------------------------------------------------------What would you do? 1) Should they tell that BUYER to call a "Competitor" to Show them because of the "potential" for Conflict of Interest ........in a Dual Agency position if they help them through the Sale ... when many times the Buyer and Seller are going to be ........of Like Mind as to price and terms. 2) Should they give away HALF the commission they've EARNED ... even though they are an HONEST BROKER whose ........hands will be tied by laws they didn't make? Or ... 3) Should they stop what they're doing and go take care of that BUYER AND their SELLER'S needs in one fell swoop .... .......knowing you could do a lot worse. And that their personal HONESTY ... CAN make a Very BIG difference towards .......making a "soft spot" between that "legal" Rock and a Hard Place ... .......and actually become a Life Raft for you between the Devil ... and the Deep Blue Sea. ------The PROBLEM for BUYERS is - Anyone can "say" they're HONEST before the proof's in. .......*But REE AFFILIATES have PROVED their Good Intentions ... by sending you to this Website.* EXCLUSIVE BUYERS AGENT: You MIGHT think you'd have been better off from the start to have just used your own EXCLUSIVE Buyers Agent (who takes no Listings),protecting you from the "Conflict of Interest" inherent in Dual Agency. But having "no listings" not only makes it a more difficultbusiness model to sustain, it leaves ALL Listings with Listing Brokers ... and therefore the Vast Majority of readily available Agents working under their Supervision. Then ... there's Human Nature. Many people seem to instinctually want to test the waters first to meet some agents in the flesh while looking around the area at OPEN HOUSES, calling numbers on FOR SALE signs for information, and visiting local Offices where they can casually feel out Agents with no uncomfortable expectations until they find simpatico with someone. Instead of a Blind Date, meeting a Highly Expectant Stranger in an Office who's "slotted time" to get right down to the TRUE Benefits of signing a contract before taking you OUT ... but before YOU'VE spent enough time to feel comfortable "They're THE ONE" you want to work with. Because you were HOPING ... ------------------------------------------------finding your Dream Home would ALSO be a FUN experience. -------------------------THAT'S the world today for BUYERS trying to find their Dream Home. -------------------------------Caught Between the Devil and the Deep Blue Sea ... By USING EITHER: 1. EXCLUSIVE BUYER'S AGENT (completely "Independent" of ALL Listing Companies) with the FULL RANGE of Fiduciary Duty .......and Unbiased ADVICE on your side towards getting the Lowest Price & Best Terms for you ... Pros: a) "Possibly" saving money in "Negotiations" b) Having NO inbred Structural BIAS against your seeing the Whole Open Market Cons: a) BUYING this REAL Protection from "CONFLICT of INTEREST"- ......will CUT in HALF the same Commission that would Otherwise ALL go to the LISTING Broker. Which ... b) GUARANTEES EVERY Listing Company will ONLY MAKE HALF THE MONEY they're HOPING ........to make. And Thereby ... c) INCREASING the chance that Human Nature (the Listing Brokers Desk) will Bend Over Backwards to choose ......ANY OTHER OFFER that provides their company a FULL COMMISSION ... over yours. OR YOU CAN CHOOSE: 2. A LISTING BROKER'S Company and Agents) - and be subject to DUAL AGENCY (on at least Their ........Inventory of Listings), where in most States you'll be offered DIVIDED Fiduciary Duty, Split "equally" with the SELLER. ----------------------------------------------------------------But ... ---------------effectively REDUCING the normal VIGOROUS Protection of FULL Range "Fiduciary" Duty -----------------------------------------DOWN to that of a mere "FACILITATOR" of the Transaction. Instead of having the normal "Adversarial" Negotiating power 100% on YOUR Behalf for the LOWEST Price & BEST Terms, AND FULL Professional ADVICE. (Unless you hire a Lawyer who may "know their stuff." But that's no Guarantee they'll have Business Savy Negotiating Skills. And they aren't going to have any more "INSIDE" info about the SELLER than you do.) Pros: a) "Logically"- Probably TWICE the chance of YOUR offer being ACCEPTED - Over those where the Listing company only makes HALF the commission. (Though they may no longer actually "ADVISE" which offer the Seller ACCEPTS.) Cons: b) "Possibly" PAY MORE for having no AFFIRMATIVE "Negotiating" on your side. Unless you DELAY your offer by hiring a lawyer. Or, withdrawing it to "Re-submit" through a "Competing Company" who'll then provide FULL Range FIDUCIARY ... BUT once again, take away HALF the money from the Listing Broker's Company. ------------------------------------------------------------------------( Catch - 22 ) c) "Possibly" never be shown ALL of your REAL choices in your "Range" on the Whole Open Market and end up with BUYERS REMORSE when you stumble upon the house YOU WOULD HAVE PICKED - in your REAL Favorite part of the neighborhood AFTER you're all moved in. BUYERS shouldn't have to make such a choice. But they do. The Laws should change. But until they do, the Vast Majority of Agents work under Full Service Listing Brokers - and many ARE honest. And, even YOU may come to feel your Hard Working Agent's Company actually DESERVES the whole commission. ------------------------------But if you DO ... You ARE then left VERY Dependent on something quite invisible .... -----------------------------------------------------------------Honor In fact, DUAL AGENCY has been a "Problem" due to the near impossibility of "Policing," and the resultant HONOR that is REQUIRED In the REAL World to make it work at all ... without "reducing" Professional Loyalty and ADVICE for clients to a ridiculous Sub-standard level. We know of no perfect solution yet. BUT COMMON SENSE DOES TELL YOU:
...........Unless you're working with someone who operates at a Self-Imposed Standard of Honor -------------------------------------------~ as High as the REE Code of Ethics ~ Until Laws Change, it's the Individual Licensee's own MORAL INTERPRETATION Of the ALSO Required ... HONESTY for the BUYER ... -------------------Where REE AFFILIATES Code of Ethics may Best Improve your Experience. --------------------So that you NEVER even have to "NOTICE" ... the DIFFERENCE it made. .....................But even REEinc AFFILIATES can't help having to follow the Law. So ... ------------------------------------------ Best "NEGOTIATING" TACTICS: 1. NO MATTER how much you TRUST whoever is showing you Real Estate ... keep in the back of your mind that EVERY Agent has the exact Same Fiduciary Duty as their Company's Listing Broker - when showing their own Company's Inventory of Listings ... to ALWAYS help you see where the Ice is thinnest. Because it's the long established law ------------... and an Absolute Conundrum of Complexity for Buyers and Honorable Agents -------------------------------------------------------THAT'S WHY ... A) Finding your own "Perfect Little Pocket" FIRST ... B) And YOUR "picking" the Houses YOU want to see INSIDE along-the-way ... ..................................Is the ONLY approach that makes PERFECT Sense. Because it makes an End Run around SO MANY THINGS that can lead to BUYERS REMORSE. But it DOESN'T solve ALL the "PEOPLE" Problems. "Fiduciary" Duty is like pulling the Night Watch on the Enemy Line. You can't fall asleep. It's clear as a bell and can really hold your Agent's "feet to the fire" in Court if a Seller becomes unhappy. That's why even if they want to, your Agent can't "escape" if pressed for information they've learned about YOU ... by their Listing Broker evaluating Offers for the Seller. And THAT'S why YOU Can't Help ... NEEDING to "Protect" your future NEGOTIATING Power. ................................................DON'T just "Give it Away" being "friendly"... ... because you're NORMALLY open and friendly and have nothing to hide. You don't BUY a House every day. And like a car salesman doesn't need to know you COULD "afford" to pay a LOT MORE ... telling things that inevitably make you "Look" like you can AFFORD a lot MORE (even when you easily could) - can come back to Bite you by hurting your credibility if you should decide to offer on something LOWER than they thought you were going to. Which can make YOUR Offer seem less likely to be a STRONG CLOSER if other Bids come in. Just be accurate as to the RANGE you readily can prove you Qualify for, then ask your agent to show some "Higher" priced houses to help you get a "Relative Sense" of Fair Market Value in the area. And, unless you're quite sure of Confidentiality ... smile and dodge probing questions that can hurt you, or feel like they're going far afield of normal financial qualifying questions for your range. A) EVEN IF your Offer is on your REE AFFILIATE's Company Listing you've come to TRUST, and you agree to DUAL AGENCY for expediency, or with the intent of Allowing them to capture the entire commission you feel they may well have earned ... while you might logically think the "Split" DUAL AGENCY with the resultant obligation not to "FAVOR" either side would RELIEVE the Listing Broker's Duty to Shop the Offer even if the Seller desires ... they can STILL do it. Because in the DISCLOSURE AND CONSENT FOR REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (or similar wording in the DUAL AGENCY approval DISCLOSURE Contract you sign), is likely to be a ... ---------------------------------------------------"NON CONFIDENTIALITY OF OFFERS" in the Boilerplate ... That clearly allows SHOPPING YOUR OFFER. It doesn't mean they PLAN to do it. Some would NEVER do it under Dual Agency. But if a BETTER OFFER comes in the door, they all CAN with this clause. While simply telling you ... "The Seller accepted another offer." B) EVEN IF you sign a REE AFFILIATE'S "BUYERS Exclusive Agency Agreement" with a company who HAS NO LISTINGS ... THEIR BROKER may have OTHER clients ALSO interested in the SAME property as you, and ALL THE MORE LIKELY on a HOT property if it's a LARGE Company with a lot of agents. But even if they're a One Man Band with NO Conflict of Interest ... it still isn't going to protect you once the offer hits ANY SELLER'S Listing Broker's Desk ... your Offer Can Be SHOPPED. And Listing Brokers don't HAVE to tell ANYONE but the Seller they're even LOOKING for other Bidders ... which can surprise even THEIR own Agents if they THOUGHT their Clients Offer was a Shoo-In, and they end up without a sale instead. ........................WHAT TO DO ABOUT IT? CONTROL THE INFORMATION that belongs to YOU. SETTING UP YOUR "NEGOTIATION" STRATEGY: 2. This is your business. And while riding around in a car looking at Dream Houses with your Agent can be fun, it's business for them too. We're all tribal humans and your Agent may be the FIRST FRIENDLY FACE you get to know and genuinely like in your New Area, and they may genuinely like you too. But don't confuse business with pleasure. Take a moment in private to look your agent straight in the eye - and ASK if they can "HONESTLY" PROMISE they won't be "Chatty" about you with ANYONE until Close of Escrow ... even their own Broker? It establishes a PROFESSIONAL Standard you Expect, separates business from pleasure, and lets them know - that YOU know ... INFORMATION is POWER and you'll be be watching. They'll be more careful. 3. LESS is MORE for "helping" the SELLER'S Imagination work FOR you ... and once an offer comes in YOU may be the main thing on their mind. You, or your Agent "Gushing" ELATION HURTS your position. Make friends AFTER you're all moved in. This is business so the less the Seller knows: * ... the more "options" their mind explores. * ... the more you become important * ... the more you appear to know what you're doing. * ... the more you enhance the "compliment" of your Offer. * ... the more you "stand out" as a likely STRONG Closer among other Bids -----and become someone they don't want to disappoint. ----------------------------------------------------------------TERMS ... (Your FIRST "Negotiation" DIRECT with the SELLER. If you're smart about it, it may be the last.) Offer Deadline: 1. *SHORT DEADLINE - 24 hrs for SIGNED Acceptance (Verbal means nothing). Some Brokers may not like it, but that can be for show and it's a reasonable amount of time with great purpose. DON'T be deterred by stories about the seller being hard to reach to present your offer. That's their problem and cell phones, eMail, and Online "signing" make it a moot argument. (IMPLICATION: You're ready to pay "someone" a LOT of money TODAY, and if they don't want it that badly, you may quickly find someone TOMORROW who does). Same holds true if they're "Presenting all offers NEXT Week - in two days, etc. It's an absurd position that Insinuates in their favor that you're ALREADY IN a BIDDING WAR whether they "Actually" have other Bids or not. All to BUY TIME to Shop Your Offer, or to PLANT Insecurity so you'll UP your Offer then and there with the stroke of a pen and your initials to better compete against "ALL" this apparent competition. It may be true ... or not. .......................................................---.---............Be firm - 24 HRS. When you make the Offer, look your agent in the eye and ask for a commitment that they will alert you to any Sellers issues by calling your CELL phone within 30 minutes, and return your calls the same, and instruct they are to LEAVE A DETAILED MESSAGE if you don't answer. Make sure you have the Direct Cell Number to the Listing BROKER in case someone isn't getting back to you. TRY to get the Seller's Direct number (not always easy) in case you smell a BIG Fish and come to believe your offer MAY not have even been presented to the seller by the time you know it should have been. Just "asking" for that number can make them careful as to how you're treated. And remember, this is YOUR money, your Business, and you're the CEO. Because once someone "else's" offer is "Signed by the seller, .. it's too late. Don't care about cut eyes, or what anyone thinks of you ... they won't be in your life for long. Just communicate clearly, calmly, and never threaten. Your agent may well be totally innocent, and you don't want them afraid to speak to you. But don't worry about being "liked." It may not work but they're NOT going to forget your Offer. They can "counter" you next week as well. It's your ONLY Tactic to "TRY" and avoid a Bidding War if that's what they have in mind, and it's a common phrase. (ALL THE MORE LIKELY on "Cherry Houses" in a good market.) "Whatever" the Pros are doing, 24 HRS is a clear and DIRECT message STRAIGHT TO THE SELLER's EMOTIONS. They may have urgent reasons to sell they haven't even told anyone for fear of being taken advantage of. Still, "however" long they've been waiting ... ANY Offer IS Empowering and renews Confidence ... ...................................................................( " Maybe I SHOULD have ASKED a Higher Price ...") So ... FEAR of Losing your Offer is the ONLY "Counterbalance" YOU have to make them lose their nerve in that likely Scenario and cause them to PASS on a Bidding War to seek other BIDS ... because of the RISK (you created) of losing your Offer. You HAVE to set this "Counterbalance" up from the start to have any chance of an impatient or overloaded SELLER simply "throwing their hands up" at all the uncertainty - and quickly deciding to just COUNTER or ACCEPT. EVEN against "other" recommendations. Because of ... -------------------------------------------------------THE INVISIBLE Problem Every SELLER Has ... Trust. Not EVERY Broker or Agent has reached the PINNACLE of their Negotiating Skills, but that doesn't mean they know it. "Little things" and "Worst Case Scenario" FEARS can easily bring Sellers to "WONDER" about this, and motives, and the unpredictable "Outcomes" of BIDDING WARS ... because the SELLER has the MOST to lose. These nebulous FEARS favor the Buyers side, and 24 HRS "TAPS" them. 24 HRS draws a line in the sand," and as Winston Churchill said, "Nature never drew a line without smudging it." Pressure creates emotions .... EMOTIONS MAKE DECISIONS. INTELLECT MERELY LINES UP THE OPTIONS. PROS : You may have heard "PATIENCE is a Virtue." To have become SO Famous - it must have paid off BIG for a lot of people throughout history. And even if your Offer IS the"Early Bird" who usually "gets the worm" ... ------------------------------------------------------THIS is not FIRST COME - FIRST SERVE. THIS ... is a BLIND AUCTION. So whatever "Authoritative Face" or "Big Smile" an Agent may put on to BUY TIME ... or "Pressure" they may use by "mentioning" other possible Offers ... the only "Certainty" you're ever going to have is ... NONE of "THEM" ever want to lose ANY "GOOD" Offer ... because other "Offers" sometimes fall through. In Nature "FEAR" brings DIRECTION: ------------------------------------------FEAR - (minus) TIME = PRESSURE TACTICS: ---So YOU:.......................INDUCE FEAR................................REDUCE TIME............................... And WAIT. ---------------------------------------------------------(showing... you KNOW the Value of your Offer) -------------------------------------------------------------------------HOW LONG TO WAIT? If the Seller really IS on Mt. Kilimanjaro, in surgery, or ONLY needs "ONE MORE DAY ..." they'll just have to come back to you "Quickly" to salvage your interest ... by "COUNTERING" with your EXPIRED Offer. .............................................................................Which you'll then have to Re-Sign to VALIDATE. This can leave you in a Stronger Position, with less likelihood they'll chance "Countering" HIGHER ........................................................Now that THEY - have let the offer EXPIRE. Especially when it's time for SERIOUS thinking and the Seller's "Worst Case Scenario" FEARS begin to Toss & Turn ... WONDERING if their Broker may actually want to Shop that Offer for their Own purposes (ie. to make a FULL commission instead of HALF) ... while THEY risk losing your REAL OFFER if it turns out you're the "Type" who simply Won't Participate in a Bidding War, or walks away insulted and disgusted. Or worries you might find another property you like EVEN BETTER ... while THEY make you wait. Looking in the mirror after a restless night, they might even think, "...and it would serve me right. It's a Good Offer." THIS ... is the moment YOU literally "created" ... by NOT showing ELATION. .........................................................It's fair. And it can REALLY Pay Off. Because if ANYONE KNOWS you ABSOLUTELY LOVE this House - and THIS house is THE House... they'll have ABSOLUTELY NO FEAR you won't be patient, and think you'll probably pay more. Wouldn't YOU think the same? It's not Rocket Science. But with a Good Offer, it can show you're a STRAIGHT SHOOTER who knows what you're doing, and leave everyone "else" more of a question. It helps to realize many sellers ALSO are not always "CLEAR" about what goes on in the Background at the level of the Listing Broker's Desk, any more than YOU are. And no matter HOW MUCH anyone tries to influence them ... the SELLER makes the final decision. -----------------------------------------------------"FEAR" ... Brings Direction Regardless of what you're told ... what's REALLY going on in the background on the Seller's Side is usually an impenetrable "Black Hole" for Buyers. Make SURE they have to worry as much as you. Meanwhile ...
------------------giving a longer deadline wouldn't have helped in the least anyway.
--------------a) Running circles to accommodate the FEAR of losing your Solid Offer ... over "Pie in the Sky." --------------b) Competing offers from contacted Previous Viewers on that LIST will have little TIME to respond ... --------------c) "Office OFFER Gossip" may not reach the ears of potentially Lurking Investors ... In TIME. -----------------------------(Agents can be quick to GLOW in their Happiness around Colleagues) CONS : None we believe Outweigh the "Pros." These Opinions are nothing more than hard-earned personal insight, impossible to prove "generalities," and couldn't possibly always work. Still, unless being liked by strangers is more important to you than your Money and Getting the House you want ... we suggest you contemplate the "Pros." It's all a little like playing High Stakes "Poker"... where "Bluffing" is allowed. Only the "Pot" is ENORMOUS (Your Dream Home) ... and you already know they have a very good hand.
---------------------------------DON'T TAKE AWAY THEIR "FEAR" by giving them TIME. ---------------------------------DON'T "Show your HAND" ... by showing your ELATION. THAT makes "Nice Guys" finish last. It's only the "FEAR of LOSING" even MORE than you "Might" Gain ... that ever makes anyone FOLD ... without even getting to see what was in YOUR Hand. And YOU ... take the "Pot." But don't feel too badly for not being your usual Open self. Unlike "poker"... when you win THIS Hand ... THEY still get the MONEY. But WHAT happens to YOU ... when you lose? "Might" you do Better - simply showing what a "nice" person you are by politely giving More TIME if you're "admonished" and told they're "Collecting Offers" and simply NOT "Presenting to the SELLER" for a week, or it's a Holiday Weekend, or .... ? Or ... or ... or ... What if the OTHER BIDDERS you then LET IN the game for being easily manipulated ... ..............................................................Are just as "nice" as YOU? The BROKER isn't going to "FORGET" a good Offer. And they aren't likely to give you "DETAILS" on other Offers you can RELY on, or even PROVE they EXIST, anyway. But what you CAN do something about is TIME. -------------------------------------------------TIME truly IS "OF THE ESSENCE!" ------------------------------------------------------------REEinc believes ... ------------------------------------------Making SURE there is a LACK of TIME ... ------------------------------------------... is what is "Of the Essence" for BUYERS. HOW you play your hand is completely YOUR CALL, NOT your Agent's. And NO Strategy wins every hand. In fact, you CAN'T win if someone plays an Ace up their sleeve they've been waiting for Just the right TIME to use. And you'll probably never even know "WHY" you lost the house. All you CAN do ... is reduce the TIME it takes to use that Ace. 2. REGARDLESS of the PRICE you decide to Offer - If you CAN'T Live with losing THAT House ... go the extra mile. You may be used to being treated with well earned respect and KNOW you can easily AFFORD IT. Don't be offended if no one else does. You need to PREP before you start looking when possible. Because if you come upon your HAPPY SURPRISE sooner than expected ... and things suddenly start moving quickly - next week can often be TOO LATE to bring "certainty" that you're serious and YOUR BID is a STRONG CLOSER because the money is there. THAT is what they're ALL looking for and will Commit to, EVEN over price. Some Buyers fear prepping in advance with documents that "prove" some "Maximum" available funds - will only create RESISTANCE to SELLERS accepting a LOWER THAN ASKING Offer. And, may even add insult to injury. It's a good point. But perhaps not as persuasive as being taken MORE SERIOUSLY than your Competitors. Arguably, "proof" of your ability can even make your OPINION of Value seem more legitimate, and the chances of your "walking away" stronger. But if you end up in a Bidding War, they know you can at least AFFORD to Counter, and THAT leaves you in the running to bid against a "slightly" higher Offer - you may want to at least be given the opportunity to consider. Unless you're seriously willing to walk away, it's a difficult process. But we believe there are far more positives to PROVING YOU CAN AFFORD IT ... than "LOOKING LIKE you can afford it." And possibly losing your one true Dream Home for not being taken serious "enough." And, ANY "certainty" only enhances your chance of a BELOW Asking Offer being accepted. So if you're really Ready & Serious, make SURE you come prepared ... So that YOUR Offer is"FULLY LOADED" with the STRONGEST Possible ... PERSUASION: * CASH is KING for inspiring Seller ACCEPTANCE. So bring reliable Docs PROVING Availability. You go straight to the Front of the Line, leaving PRICE" the only consideration. (You can always "Finance" After Closing if you want to free the money up.) * LOAN Pre-Approval Letter (NOT Pre-Qualified) if you're Financing. At the High - High End this can be less important if you have a big profile they can look up, but what if it's a uniquely special house, or the price has just dropped significantly and that "Approval" is the ONLY thing that distinguishes YOUR Offer from another? You'll probably get the house. If you are Financing, unless you're FAMOUS - come prepared. * Full 3% Earnest Money, Removal of All Contingencies you can live without. "Swift" timing for the rest towards a Quick Close. * Flexible Move Date for the SELLER'S Convenience can be VERY appreciated and shows you're compassionate. (SEE: "The RIGHT QUESTIONS" Button, #1. for more IMPORTANT Info on this topic.) 3. But IF THE OFFER IS IGNORED ... ...............................................................IT DOESN'T MEAN YOU'VE LOST a) It can be a Tactic to see if you'll CHASE. Of course, simply Offering MORE can work. But nervously "Chasing" with a BETTER Offer in this absurd BLIND AUCTION environment (unless you really don't mind the extra money, it may cost to WIN) can easily lead to even more "Rounds." It's always your hand to play. But if they don't really have "much"... waiting a few days to see if THEY'LL come back to YOU may be better. If "Patience" is your decision - don't allow your Agent to "Dare" call for "Feedback" on your behalf. .........................................................(They're dying to know if they're going to get PAID!) . Their "Eagerness" will seem a reflection of YOUR eagerness and RUIN your Strategy. (Give VERY "specific" instructions along with the words ... "FIDUCIARY Duty of COMPLETE Confidentiality, and their DUTY to Follow the Client's Instructions). b) Unfortunately, you simply can't RELY on any figures you HEAR you're "competing" against, or that your Agent "believes" to be true. Only the Listing Broker may really know what is "true" at a given moment. Many Brokers may be VERY Honest. But HOW can you know which ones? So, unless "you don't mind paying MORE" to get it all over with ... Ask if they're willing to PROVE that a competing BID and all Terms are "actually" BETTER than yours? NOT that it's likely to happen, EVEN though they probably already have "signed" NON CONFIDENTIALITY OF OFFERS and the Seller's permission to Run the Show), don't expect "smiling cooperation." But it never hurts to ask. People don't like having their honor challenged, but they ALL understand your predicament VERY WELL. So if they huff and puff about it, or profess they "can't" DO that, or that it "wouldn't be fair to the other Bidders," or ask how you'd like it if they showed YOUR offer ... it can tell you all you need to know about THEIR likely hand. And if you like having the "Last Word" ... you can remind them they already have NON CONFIDENTIALITY OF OFFERS and can show any Bidder whatever they want. Consider "PATIENCE." They're probably running on "autopilot." That house you've fallen in love with is only "Personal" to YOU and your Bank Account. If you're lucky, those "Other" HIGHER Offers they may genuinely be expecting from Phone conversations with excited Agents they've contacted about previous showings, may never " actually ARRIVE in Writing from Buyers. Or, they may come in with BAD "Contingencies," making the clock tick even faster in your favor if they fear losing your offer. 4. There are "Other" INVISIBLE forces you also CAN'T Control or Influence. LIKE: A) A "Patient" Seller Willing to Wait for TOP DOLLAR and ENCOURAGE a Bidding War for Offers even Higher than their "ASKING" ... whose "Trophy House" that's EASIER to Sell, (or one intentionally offered BELOW Market Value to develop a Bidding War) ... may use YOUR Offer ... -------------------------------------------------------------------------LIKE "Fly Paper" ---------------------------------To attract "Bids" by Fanning the Flames of "LAST CHANCE" to PREVIOUS Viewers. 1) So that the Listing Broker not only makes the SALE ... 2) But ends up with a Handful of the remaining FRUSTRATED (but "Serious") Bidders "in their LAP - possibly including YOU. And ALL in the "RIGHT" MISERABLE MOOD for a few "Helpful Suggestons" to find a substitute Dream Home as good as the "Cherry" one they just lost. Why? ... To sell 2 or 3 of the Broker's Inventory, ...instead of just ONE to YOU. (And all the more easily in the case of Dual Agency - where they have direct contact with you.) ----------------------Because Brokers NEED to sell ALL of their Listings before they Expire. --------------------------------------------------------NOT just the GOOD ones! B) Or, an Offer at an even LOWER price than yours can bring a HIGHER COMMISSION to the Broker ... IF they can find "something" in the Terms to convince the Seller it's "Better," or may be more "likely" to CLOSE. It's not hard to find "something" when it makes twice the money and sells your inventory. An authoritative Broker may even just "FEEL" better about "that" Buyer, or that Bank, and heads begin to nod. Because people are "seeking" their advice. The industry doesn't care about "First Come First Serve" - or "Breaking in Line" - or "WHO" gets "WHAT," houses are understandably interchangeable commodities for them and "FREE Markets set prices." --------------------------------------------------------------------Only YOU the BUYER cares ... -----------------------------------------------------after all that work, all those trips and hotel rooms ... --------------------------------------All the EXCITEMENT of finally Falling in Love with your True Dream Home .... -----------------------------All your working a lifetime to be able to MAKE that Offer on that Exact Dream Come True. But, whatever the TRUE reason you lose your Dream Home ... you're probably never going to know. No one is going to even think it's a big deal. But it can be an emotionally crushingly experience for you. And all the Industry has to offer is ... "Don't worry. We'll find you a house." ---------------------------------------------------------------But it will NEVER be ... THAT house. No one even understands what you're really trying to achieve. That's "why" you need TACTICS. That's "why" you DON'T want to - "... just be yourself." In fact, the ONLY upside ... at least it's NOT as Bad as GETTING what you want - and ending up with BUYERS REMORSE. Because not only is Buyers Remorse more expensive, you have to SELL the house, find a new one (that's TWO more Commissions you'll be funding) ... and you have to MOVE again. Of course, NO Buyer likes being treated this way. But with current laws allowing Sellers to hold Brokers' feet to the fire over their Fiduciary Duty to obtain the Highest possible Price and Best Terms ... it's no wonder Real Estate transactions are more a BLIND AUCTION ... instead of the First Come First Serve RETAIL environment where any SELLER can ask whatever they want for the MILK ... ------------------------------------------But if you PAY what they ASK ... you get the milk. In a Good to Average market, only the Golden Rule and Honor can somewhat mitigate the frustration that leads some Buyers to simply walk away when treated to this "Blind Auction" - and the Asymmetry of Information that can lead to Profound feelings of Betrayal and disappointment ... EVEN after making a Full CASH Offer. While sometimes receiving no "reliable" explanation or opportunity to Counter. If you're like many people you may not have even realized Offers can legally be "SHOPPED" behind the Wizard's Curtain. And that's why it helps in so many ways to have someone REALLY Honest on your side. Because this isn't your FIELD. "And even Einstein couldn't have passed a test in SURVEYING ... because it wasn't HIS field ..." But how in the World can you BELIEVE someone is even LIKELY to be HONEST ... When we all know some people will Smile right through their lies? *Take a moment to look at "USING OUR AFFILIATES" (Upper Right Column)* It's one of the most important things you may do towards getting it RIGHT the FIRST time. ----------------II "ASYMMETRY" OF INFORMATION ... ??? In most States Listing Brokers with Seller's permission CAN and may be EXPECTED to notify other Buyer's Agents or individuals of YOUR Offer ... to ENCOURAGE Other Bids. But the treatment VARIES. So, if you end up in a Bidding War .... --------------------------------------------------------BIDDING WAR "Ground Rules" (This is where YOUR Agent and their BROKER's HONOR has the greatest opportunity to SHINE) --------------------------------------------------WITHOUT PROVIDING PROOF: The Listing Broker (who may or may not be YOUR Dual Agent) may legally provide all Bidders, Counter-Offers, or "anyone" the following: 1) ONLY the EXISTENCE of another Offer (with NO DETAILS or Price). This can lead to even ridiculously ........."Low Ball" Offers of dubious intent illegitimately motivating Genuine Bidders to "UP" their Offers Higher, .........when used as "inspiration." Instead of appropriately being ignored. 2) ONLY the HIGHEST Offer PRICE (for you to compete against) ... with no "mention" if it happens to .........come with Terrible Contingencies. Like ... the competing bidder has to SELL their home FIRST .........(which the Broker may well know the Seller has NO intention of Accepting.) 3) They can simply IGNORE a Reasonable OFFER ... and wait for you to "Chase." So if they're CONFIDENT of a ........sale, you can endure a week of Torment - frantically chasing your tail in VAIN trying to make sense of smokey hints ........about other Bids you MAY be up against. All to "Soften You Up" for when you receive that congratulatory... ---------------------------------------------------------------------"YOU'VE BEEN CHOSEN ...!" ------------------------------------------------INVITATION to make your "Best and Final Offer" ----------------------------------------------------------------------(ALL with a straight face ...) As if this Blind Auction were a "Perfectly Reasonable" version of the "Honesty" ... Real Estate Professionals are Legally "required" to provide BUYERS. While YOU lose the Dream Home of a Lifetime you've "sweated" for months to FIND, or pay even more than the "Whole Truth" would have bolstered. This would be called a "trick" in some circles. But in Real Estate, it is supposedly "justified" by the thoroughly Threadbare Argument for the SELLER'S Higher "Fiduciary" Duty ... UTTERLY "Trumping" the LOWER Duty of "Honesty" for the BUYER ... while "PROUDLY" waving the Flag of Free Market Enterprise as Noble justification. But it certainly doesn't "feel" very "Honest" to BUYERS. And when you allow, that MOST Sellers had to be BUYERS first too ... the only question left standing Naked in Public is ... "who" is Benefiting? "THINGS" AREN'T EXACTLY CLEAR FOR BUYERS. BUT it's NOT the fault of the many HONEST Individual Agents and Brokers, any more than ANY individual citizen is to blame for LEGISLATIVE mis-behavior from which ALL laws emanate. ALL OF US were brought into the "Fold" and educated by a Long Existant Industry ALREADY RUNNING LIKE A TOP the day we were born. It's the creep of bad laws, and the Divide and Conquer strategy that allows 50 States to control the "complexity," piecemeal. The Internet will solve the problems eventually. But for now, even the MOST Ethical of us HAVE to follow these rules VERY CAREFULLY ... Or give the SELLER "grounds"to Sue us on a Platter, or the State to take our License. Some professionals who have become the "Big Agents in Town" for our little blip in history, have worked hard and spent a lifetime learning how to play every advantage. Or, as often happens through no fault of their own, inherited a company with generations of knowledge behind them, and may well feel they'd like things to stay exactly as they are. Or, they may already be Highly Honorable Agents, and like REEinc Affiliates, prefer to Sleep Better for treating the rest of the Tribe with dignity ... over allowing a deceptively easier wrong path to eventually turn them into an isolated "Scrooge." In either case, there is always "hope." Because it was he who ALSO taught us ... ----------------------------------------------------------------------It's Never too late to change. But For NOW: There is simply no way to know how each Listing Broker is going to play the "Balancing Act" between ... a) Their Interest ... b) Their Higher FIDUCIARY Duty to the Seller ... c) And a Fair interpretation of Honesty for the Buyer. The RESULTS of that "BALANCE" for BUYERS are quickly FINAL. And rarely worth the nightmare of a nearly blinded Litigation ... when the HOUSE you wanted is already GONE, and no judge is going to make them move out. So you CAN'T protect yourself from everything, yet. But for now, If you "FOLLOW THE MONEY" ... You'll at least have the Best Chance of seeing where the ICE is THINNEST. Therefore: --------------III As an AFFILIATE of the REE Code of Ethics A) I will HONOR my Duty of "HONESTY" with the B-R-O-A-D-E-S-T possible legal interpretation of the word, always placing YOUR Best Interest ... Before My Own. B) I will PRESS the Right to "Present" Your Offer DIRECTLY to the Seller with their permission, to obtain the Best Direct Feedback from their reaction, while you stand by your phone to quickly address concerns they may have with any TERMS, as we work like a Team trying to obtain their Signed Approval AT THE PRESENTATION ... rather than allowing TIME to work against you. C) After establishing your comfort in person, I will discuss your choice to work with my company to find your Dream Home under an EXCLUSIVE AUTHORIZATION TO ACQUIRE REAL PROPERTY. OR, (if my company ONLY represents BUYERS) a BUYER'S EXCLUSIVE AGENCY AGREEMENT. THIS IS A HOTLY DEBATED "Good vs. Evil" TOPIC Online. Despite what may be the many "well intended" (if flawed) arguments on the Internet to the contrary, REEinc's "Opinion" requires a little more ... ----------------------LETTING THE GENIE OUT OF THE BOTTLE ... To show the "INVISIBLE." WITHOUT EXCLUSIVE CONTRACTS for Buyers : Every Agent's Subliminal Human Nature comes into the Formula as a Hard Wired BIAS towards ENCOURAGING Clients towards "A-L-M-O-S-T" ANY Deal - to make sure they get PAID "something"... before you walk away "frustrated," or "Heaven Forfend ..." meet some OTHER Agent at a Cocktail Party or Open House whose - LOTS OF FUN ! THESE balancing contracts have evolved for GOOD reasons, and only defer to Human Nature the obvious we all know to be true ... While ALSO intelligently BESTOWING the ALL IMPORTANT LOGICAL MOTIVE for Agents to GO THE EXTRA MILE for Clients. And ... ....................................MORE IMPORTANT than ANY OTHER CONSIDERATION ... ................................................TO TALK CLIENTS OUT of Bad Deals. THAT ... is the GOOD AGENT every Buyer is looking for with LOCAL KNOWLEDGE to help them End Up in their True Dream Home ... Instead of with a TERRIBLE case of BUYERS REMORSE What do YOU think is the Most Important Question ALL "BUYERS" Ask every Agent, Doctor, Lawyer, Dentist, Accountant, Architect, Pharmacist, Stock Broker, Economist, Psychiatrist, TV Salesman, Engineer ... ? -------------------------------------------------------"What do you think ...?" (That's the answer.) "What do you think ... ?" Helping Buyers end up in the RIGHT property for them is what they're ALWAYS going to remember MOST, and Appreciate MOST once the dust settles. So ... ..........................................."...what do you think ... ?" ...about the price? The investment? The street? ............................................. the Terms, the schools, the location, Financing, Timing, Strategy, Counters ... .......................................... AGENTS - How would you like to feel unconflicted COMFORT in telling the ... -------------------------EXACT TRUTH. THE WHOLE TRUTH. AND NOTHING BUT THE TRUTH? We're all human. We only have to look to ourselves to confirm this natural bias towards our own Listings, and ANY Deal over the fear of NO deal, that only GROWS inside the more TIME invested. And while any compensation structure can be abused ... using THAT to argue the great majority of Agents who ARE DOING (and have EVERY LOGICAL REASON TO DO an Exemplary job) should therefore work WITHOUT any degree of certainty of payment ... leaves BUYERS right back where they were. And Agents' "working conditions" NOT Conducive to "Going the Extra Mile" for BUYERS. When that is EXACTLY what BUYERS WANT their Agent to do, 24-7. In a modern society, working without confidence of payment is notably unusual, and a DRACONIAN expectation of any "licensed" person trying to sustain life and family. Especially when BUYERS are USUALLY Totally "Unknown" to Agents, and often from out of town. BONUS: Unlike the days of Old, where ALL Agents helping BUYERS were actually working as "SUB AGENTS" of the SELLER (meaning they "technically" had a FIDUCIARY CONFLICT OF INTEREST not to HURT the SELLER'S interest in obtaining HIGHEST & BEST) ... THESE contracts provide the LEGAL STRUCTURE for BUYERS to ALSO have the HIGHEST Fiduciary Duty, with FULL RANGE Required Confidentiality and Loyalty in seeking the LOWEST Price and BEST Terms. (With the EXCEPTION of the STILL PROBLEMATIC DUAL AGENCY when offering on your Agent's in-house inventory). That DUAL AGENCY is a BIG Exception in need of a HERO. But when it comes to" a) Inspiring Agents to give their BEST. b) And Buyers Receiving HONEST ADVICE. c) And Buyers having FULL "Fiduciary" Duty on their side with at least "COMPETITORS" Listings ... The PLUSES outweigh the MINUSES. Here's why: Many experienced agents are simply not willing to work diligently for months with Clients, only to end up with $0.00 when they call Happily one day and say ... " I just got so Excited a few days ago at this "Open House" and made an Offer through the nice agent there ... and I REALLY HOPE you aren't U-p-s-e-t ! Because you REALLY did such a GOOG JOB and I WANTED you to KNOW that...!" ----------------------------------------------------------------------------- ... ... ???" Not every Buyer fully understands. Some don't care. But many of the BEST experienced Agents only allow this to happen to them once in a lifetime. BE FAIR TO YOURSELF: As a Buyer ... would you feel "Smart" about hiring: a) A Structural Engineer to build your Bridge b) A Heart Surgeon for an 8 hour procedure c) A Lawyer to keep your Innocent Self out of jail ... Then make them WORRY the whole time they're doing their job ... if you're ever going to pay them? "NO"...? Then you understand Human Nature. And so does your Agent, who Knows very well that ALL YOU HAD TO DO to protect them was sign a document making SURE they were going to get HALF of the EXACT SAME Commission you're ALREADY going to be PAYING to the SELLER'S LISTING Broker ... who is Legally BOUND to work AGAINST your interest and FOR the Seller's? SO, WHY do so many people try to talk you OUT of signing a Buyers Exclusive Agency Agreement on the Internet (generally used by Buyers EXCLUSIVE Agents who DON'T take LISTINGS.) "Who" could it be ADVISING so vehemently against these kind of Contracts? (Look it up) How about ... the competition? Listing Brokers prefer BUYERS call them Directly ... so they DON'T have to Split the Commission in Half ? That's WHY they put their Phone Number on Signs and Ads. THEN ... may ask you to Sign something quite similar to that "BUYERS EXCLUSIVE AGENCY AGREEMENT" like California's "EXCLUSIVE AUTHORIZATION TO ACQUIRE REAL PROPERTY" before taking you out, or when you make your Offer. Names may vary by State, but THIS contract will ALSO happen to contain a pre-approval Clause for DUAL AGENCY, just In Case you happen to Offer on one of THEIR LIstings. Is that a bad thing? It "sounds" suspicious ... But Listing Brokers & Agents don't like their time wasted either. And they do most of the "Heavy Lifting" in the industry to Obtain Listings, Market, Advertise, Show, and Shepard them to Closing. Understandably, they prefer to reap ALL the commission ... and certainly over giving HALF away to another company whose "Buyers Agents" expenditures of time and effort may be significantly less, and who can NEVER reciprocate in kind by cooperating on commission Splits with THEIR listings ... because they don't HAVE any. The problem for BUYERS is ... This same reasonable "preference" of Human Nature not to Split the commission in HALF ... doesn't simply VANISH when it's time for YOUR licensed professional to: --------------------------------------SELECT the Properties they're going to take you to see. Even on a subliminal level, that "preference" can't help BIASING what you're going to be shown, without the imposition of : A VERY CLEAR "Personal" Code of Ethics - COMMITTED to the purely Philosophical Belief that ... -----------------------------BUYERS HAVE AN ABSOLUTE MORAL RIGHT TO SEE ------------------------------------THE WHOLE OPEN MARKET WITHOUT BIAS --------------------------------------Instead of being told ... "CAVEAT EMPTOR" Unfortunately, THAT "morality" can reduce the amount of money someone takes home ... when it's just TOO EASY to MAKE IT ALL. That's why: MORE than Experience. MORE than the Big Agent in Town. MORE than a Branded Name ... ----------------------------------------------------------------------------BUYERS NEED ----------------------------------------------------------------------------------Honor As for SELLERS Needs: See Navigation Buttons - SELL YOUR HOUSE and The RIGHT QUESTIONS ----------------------------------(with emphasis on Predatory Pocket Listing, Pre-Listing, Coming Soon Pre-Listing) ----------------------SO ... now the Genie's out of the Bottle and you know the risk. But ... There are some REAL advantages to giving the Listing Company what they want with your signature. And if you MAKE IT CLEAR from the start that you want to see ALL of your REAL choices on the WHOLE Open Market, or ... drive around your own Perfect Little Pocket looking at Houses with For Sale signs and make a LIST to give your Agent of the ones YOU WANT TO SEE INSIDE - if they don't melt into a puddle before your eyes: YOU SHOULD STILL HAVE: a) Their BEST Efforts in exchange for their Security and full Financial Potential you've given them by the Agency Agreement. b) Their FULL Fiduciary representation if you end up choosing one of their Competitors Houses. c) DUAL AGENCY if you choose one of their In-house Inventory (with the option to hire a Lawyer for advice) d) But Still ... the Fiduciary obligation of any Listing Broker to SHOP YOUR OFFER if the Seller wants it (or the Broker if they can convince the Seller) because of that "NON CONFIDENTIALITY OF OFFERS." ("NAMES" of Contracts and Clauses may Vary with States and Larger companies who may have their customized contracts.) YOUR AGENT WILL STILL HAVE: a) Every reason to "Go The Extra MIle" for knowing they're NOT going to be losing you to a "WHIM." b) They're at least going to be getting paid HALF (Not "uncommon"- just NOT the "preference") c) They'll STILL have Full "Opportunity" to charm you with THEIR Company's Inventory, KNOWING they'll still have ------at least "some" CHANCE they'll end up with the FULL COMMISSION. Structures evolve for reasons ... all can be abused. At the Sophomoric level, some Contracts may look "Agent Friendly" ... yet still have evolved for intelligent, common sense reasons not yet well understood by e-v-e-r-y-o-n-e. And we all know ... Human Nature finds it MUCH easier to be 100% honest ... when it DOESN'T cost us anything. When it DOESN'T cause an AGENT NOT TO GET PAID AT ALL - if they are "completely" Honest with you. Because, with enough time, even the Sublime will find their sub-conscious working HARDEST to find why they just ... "... might" be Wrong about that house being a VERY BAD DEAL ... for YOU. REEinc's opinion: Don't put Human Nature on the "other guy's side" when you NEED Complete Honesty for the same reason Kings gave "Court Jesters" immunity. "Immunity" from FEAR is what YOU give your Agent with "Exclusive Agency" ... while Elevating their AUTHORITY on your behalf to FULL "Fiduciary" level by the same instrument - on any property other than their own Listings. And all without adding an extra dime to your Bottom Line. Just make sure you see the whole Open market in your own Perfect Little Pocket as well. As to the MOST sensitive issue impeding some RIGHTFULLY LEERY Buyers from better protecting their own interest ... (Fear of getting stuck with an Agent you don't "like," or having to pay a DOUBLE commission if you dump them anyway) You can LIMIT the Term of the Agreement to few weeks to protect the Agent and show good faith for the houses they show you while getting to know each other ... then renew for 6 months or more if you feel you really have a good Agent. Because the more you make Anyone feel Secure about expending extraordinary effort on your behalf ... the more happy they are to do it. Everything turns Positive. It makes you a PRIORITY in their day, and you've Already Paid the BILL. In fact, it's a complete "waste" of your own money, and a missed opportunity NOT to USE that "Other Half" of the commission - for your OWN "HIGHER" interest. The Bill ... is ALREADY Paid! ... make sure the service is turned on at the house ... ------------------IV. The Real Estate Excellence CODE of ETHICS -----------------------------------------IS BASED ON THE SINCERE BELIEF THAT ... The Great Majority of Real Estate Agents and Brokers are Good and Honorable people, simply trying to make an Honest Living in a complex Sea of ever-changing Business Rules, Finance alternatives, dizzying Disclosures, document deadlines, myriad personalities, ever- changing inventories, daunting computer software, and endless fees and continuing education requirements to keep up with State and Federal legislation." In short, there's a LOT more to the License and Liabilities than anyone outside the Industry could possibly realize ... And ALL to Add Value you'll appreciate. But ... ------------------------------------Individual Performance VARIES ... So, no matter how Sophisticated a business person you may truly be, always allow that ... -----------------This is a VERY OLD INDUSTRY that's been doing the Same - Simple - Thing -----------------For a LOT longer than any of us have been around. "... and even Einstein couldn't have passed a test in Surveying, because it wasn't HIS field ..." Real Estate Excellence, Inc believes: ----------------------------The "High End Buyers Remorse TERMINATOR'S" --------------------------------Novel Approach to finding your Dream Home ... -----------------------Is the ONLY approach that makes PERFECT Sense. ---And gives Buyers the BEST chance of ending up in their REAL Dream Home the FIRST time! ----------------------------------------------So, that You DON'T end up with... ........................................-...........................BUYERS REMORSE ------------(And that goes for those searching for their Dream Home on their Own as well ...) Note from REEinc: In our So Modern Internet World it's easy to wonder if the Complex Real Estate Industry is ready for Prime Time. But you CAN still "Change the Channel" and make a BIG difference in your experience by the Local Agent you choose. Of course, Real Estate will forever BE local. But Unlike competitive "Retail" stores, where SELLERS can ask "whatever" they want for the milk - and BUYERS actually GET the milk if they pay the Asking price ... Buying Real Estate can be a "BLIND AUCTION" using the Adrenaline Pressure of SHORT TIME and LAST CHANCE to encourage ONE BID ... to lead to the NEXT ... and the NEXT ... ... with little risk of losing the Sale. Perhaps, "Free Enterprise" is Free Enough with the "milk" scenario. But the "Catch 22" for Buyers today is "Fiduciary Duty" and "Capitalism" have created a Bed of Roses for Listing Brokers & Sellers. To paraphrase Shakespeare ... something's not quite right in Denmark. So watch out for the thorns at the High End where small percentages can make a BIG difference in motivation. There is simply an unavoidable Asymmetry of Information in favor of the SELLER ... long ago highly understood by our ancient ancestors and sent through the ages in a now dead Latin to toll dire ! WARNING ! ........................................--........"Caveat Emptor my friend ...! " .......................................................................................( Let the BUYER Beware ) ,br------------------------------_________________________________________________ |


---------------------------------------As a Real Estate Excellence AFFILIATE ... -----------I will put Your interest Before My Own - and at least Endeavour to Slow-Things-Down ... -----------by offering to prepare REAL SOLD "Comps" by the "N-e-x-t" day. So you can Relax to -----------explore your ELATION ... -----------While still protecting you from it until we've had time to determine what a Reasoned Offer -----------might actually look like. And the Smartest Structure to pursue for this particular SELLER. -----------So that YOU have the BEST chance of actually "Getting" your Dream Home ... ------------------------------------------------------------INSTEAD ... -------------Of having your Offer used like "FLY PAPER " to ATTRACT a Bidding War. |
| With Us to see Houses For Sale In Pebble Beach, Carmel by the Sea, Monterey Coastal Community Homes, |
| (A) To put an end to our Free Public discussion of Real Estate topics and issues relevant to everyone living under a roof, and too close to the heart of widespread public experience and interest. (B) To roadblock Legislative Agenda or Projects we may develop to help evolve Laws & Practices that more fairly serve consumer Buyers & Sellers, by balancing the equation between THEIR true interest, and legitimate interest of our Industry. (C) Or for Bad Lawyers needing to invent a "case" to convince CEO's and Boards who don't know much about Intellectual Property Law, etc. - that they're worth their retainers. ............-."SLAPP" Lawsuits are often filed by LARGER Companies, Competitors, or Professional Associations against SMALLER companies, and ALWAYS present themselves to courts as "good faith" claims ... But are actually intended to censor, intimidate, and silence critics or competition. (See Wikipedia.org - Strategic Lawsuits Against Public Participation) By burdening them with the COST of Legal Defense until they abandon their criticism or opposition, and to intimidate "others" from participating in the debate. They chill First Amendment rights of Free Speech and healthy debate by targeting those who speak out on issues of public interest, and come as claims of Defamation, Intellectual Property Rights, Unfair Competition, etc. without expecting to "win" the lawsuit. Their goal is accomplished if the defendant succumbs to fear of unknowable damages, intimidation, mounting legal cost, or exhaustion. And while they may choose to view their "charge" to distort the intent of Law as merely a "Dutiful Vigorous Defense" of a particular "Vested Interest"- that "interest" is narrow and not the Broad Public Interest of CONSUMER ADVOCACY. Corporations never die. We want what we've learned to continue to help and give hope long after we're gone. Thus - Real Estate Excellence, Inc's - a "corporation" with a good idea ... .......The High End Buyers Remorse Terminator. If you would like to read more about either contributing THINK TANK Time & Expertise with unique Legal skills and experience such at those of a retired: *Appellate Court Judge *Intellectual Property Rights Judge *Non-Profit Freedom of Speech Defense Association *Legal Scholar developing Legislation * Industry Broker Scholar with experience to share *A State Bureau of Real Estate Attorney or Judge *Publicist *Have a Ralph Nader "skill set" you know we're going to need ... --------------------------------or... If you'd like to Contribute to our Legal Fund for Defense and Proactive Endeavours ... Select "Crowdfunding" in the Navigation bar, or this LINK: Where you can also learn about our coming Blog ... ...........GraySUPERLATIVE.com ...................-...THINK TANK, gray superlative (INPUT Limited to certified Professionals for the integrity of the site, while viewable for the Public - who will have a Public Section to comment and ask questions, which Member Gray SUPERLATIVE professionals may choose to answer (under an anonymous "pen name" if preferred.) |
| --But ... HOW can the BUYER ... BEWARE? ______________________ REAL ESTATE EXCELLENCE CODE of ETHICS CLIENT FIRST --Novel Approach |
| NATIONAL REFERRAL REAL ESTATE EXCELLENCE, Inc CODE of ETHICS AFFILIATE BROKERS In YOUR Area SEE FIND Our AFFILIATES ---In YOUR Town |
Find your OWN Perfect Little Pocket in the Neighborhood FIRST ... Like the Early Settlers would have taken Weeks to do on Horseback ... THEN ... Start on the House! SELECT "SCHEDULE Your Excursion" BUTTON For Carmel, Pebble Beach Homes or any of our Monterey Peninsula Coastal Communities |
| ..........................Our Novel Approach .................-....USING OUR AFFILIATES WE BELIEVE IT SPEAKS HIGHLY OF OUR AFFILIATES GOOD INTENTIONS ... That you may well be on this Website at their Recommendation. And, for the Fact that THEY CHOSE to Expose you to information so enlightening to your purpose in our VIDEO & CODE of ETHICS... there is simply No Way for anyone to EVER ------------PUT THE GENIE BACK IN THE BOTTLE Affiliates KNOW you are Now going to be watching even them LIKE A HAWK ... and knowing exactly what to look for. They know once you've seen the VIDEO to learn HOW to protect yourself:
So what do YOU think...? Would someone with Bad intentions make it HARDER for THEMSELVES to deceive you? WE believe that's pretty solid evidence in favor of Honor and our AFFILIATES GOOD Intentions ... to treat you like they would their own Mom. --------It's a point at least worthy of consideration --------when weighed against your "Other" Option ... ---------------The "usual" Luck of the Draw. We hope home buyers will be comforted by the FACT of our AFFILIATES "No Strings Attached" Referral to this Website, because it provides a logical "basis" for some soothing initial Trust in AFFILIATES, and helps smooth the way to your New Adventure ... --------and the long-lived happiness that comes from ---Finding your REAL Dream Home ... the First time! -----------------At this important juncture of -------------choosing your Guardian Angel ... We hope you can appreciate how comforting it is to ALREADY KNOW more Good things about your No Strings Attached Affiliate who Referred you ... than you may EVER know about their competitors. -----------------REEinc relies on this logic. We think it speaks "Volumes" about each AFFILIATE'S decency that they're willing to work under your well "Informed Scrutiny" ... after you've seen our Video and read the Code of Ethics. In fact, clearly they PREFER this solid ground of Affiliation. ----------------------------WE BELIEVE: *This "Willingness" proves Good People WANT --to do things RIGHT - because it is right. *That Good People want to work in GOOD ways --to have "reason" to believe in a Better World where --goodness for goodness sake is sometimes it's own reward. *That only GOOD people worry about sleeping well at night, --or possess the shadow of self-doubt that falls only on minds --desiring to improve themselves. *Perhaps most of all, we believe they want to play some --role in making the world a better place ...-so that they can look --proudly into their kids eyes and exude a little Personal Joy --along the way, in the belief that life is good. We believe there are MANY Good and Warm honorable people ---------------------Just Like THIS in Real Estate. -----They just haven't had a way to "PROVE It To You" ---------------------.In Advance ... until now. And that's why ... we're trying to help you FIND them. We hope your experience with our AFFILIATES is one of enjoying watching them fulfill your every expectation, and the higher challenges of Honor... -------------------------------DON'T MISS: "Getting Past the Guards At The Pearly Gates where YOU'RE Moving." (SELECT: "The RIGHT QUESTIONS Button #1) |
| ... INSTEAD of "Starting Off" with the "usual" "WHIRLWIND TOUR" of Intoxicating Dream Houses... where it's just TOO EASY to Fall In Love Before You Even Know... What's at the Other End of the Street...! |
| Our REE AFFILIATES CODE of ETHICS "Litmus" Test: "When in Doubt... I will always Put YOUR Best Interest Before My Own ... as if you were my own Family." |

| Real Estate Excellence, Inc Licensed Corporation 01920438 CA Broker Lic. 01070604 Performing acts for which a Real Estate license is required. |

| ~ REEinc AFFILIATES ~ Are Self-Employed - Independent Contractors requiring a Real Estate License from their State to provide services to the public. They do not work under our License and we have no Legal "Authority," Supervisory control or Responsibility for their Actions. |
| Find Your Own ... "Perfect - Little - Pocket" in the Neighborhood FIRST...! ...THEN start on the House ... |
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| All Rights Reserved Real Estate Excellence Inc Copyright 2015 |
| *Real Estate Excellence Inc 2015 *Trademarks owned by Real Estate Excellence, Inc., who also claims trademark and/or Copyrights in the following:
expressly prohibited. |


| The One that Got Away & Homes we left behind In Carmel and Yankee Point See: "About Us" Button |

| War Chest |

| ----------------------------------------INDEX...--...------------------- . BUYERS:....If you love your money ... read CODE of ETHICS (Below center)) ----------------...If you want to finally understand the Brokers Desk ... AGENTS:.....If you don't really understand "Negotiate" ... read CODE of ETHICS ........................If you want to understand BIG Agents ... read RIGHT QUESTIONS # 7 & 13 SELLERS:..Your BEST Marketing Tool, read |
| Or |
| NATIONALLY ... |
| -REEinc CONSUMER ADVOCATES |
We Anticipate SLAPP Lawsuits (Strategic Lawsuit Against Public Participation) ...with the intent to SHUT US DOWN |
| BUYERS REMORSE It doesn't always comes from where you think it might. |

| AFFILIATES CODE of ETHICS "Litmus" Test: "When in Doubt... I will always Put YOUR Best Interest Before My Own ... as if you were my own Family." |
| A Home Buyers Sellers ..Resource ... |
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Our Novel Approach ----and why ... Information is Power. Once you have it ... No One Can Put the GENIE Back In the BOTTLE |
| CLIENT FIRST |

| To Avoid Real Estate -PREDATORY Tricks & Tactics |
A National Public Resource TIPS for Buyers & Sellers To Avoid PREDATORY Tactics of Unscrupulous Real Estate Agents & Brokers |
| But ... HOW can the BUYER ... BEWARE? |

| REAL ESTATE EXCELLENCE |
| CODE of ETHICS |
| High End BUYERS REMORSE TERMINATOR |
| On Your Own "Private Excursion" With Us... |
MISSION STATEMENT Consumer Advocacy To Provide: A Free National Public Resource for all Real Estate Buyers & Sellers in the USA, with Detailed TIPS to Avoid Predatory Tricks and Tactics used by unscrupulous Real Estate Agents and Brokers. To Provide: HONEST Agents who've never had a believable way to "distinguish" themselves, a Badge of Honor and Unique National AFFILIATE Membership to better Market and Prove their HONOR In ADVANCE, by Referring Potential Clients to this site to learn these TRICKS and the RIGHT QUESTIONS to ask to avoid REMORSE. To Provide: A Deeply Relevant CODE OF ETHICS by which AFFILIATES DECLARE to operate their Independent Business, knowing their Clients will NOW know exactly what to avoid. To Provide: A WEBSITE & VIDEO that teaches our Novel Approach to help ... 1) BUYERS Avoid "Buyers Remorse" by finding your own "Perfect Little Pocket" in the neighborhood FIRST, before you EVER allow anyone to Start You Off with a WHIRLWIND Tour of intoxicating Dream Houses. 2) SELLERS Avoid being Talked Into "Predatory" POCKET - DISCRETE - COMING SOON - OFF MARKET - Pre-MLS... LISTINGS Usually ...-Only Good for the AGENT ! (See "Common Sense for Sellers" Button) |
| SCHEDULE Your Private Excursion |
| ----------------------------And the High End Buyers Remorse Terminator is here as a doorway ... -----To give some of the most Honest people in the industry a voice you can hear to FIND them ... -----And, profound REASON to BELIEVE. Because you may Well Be Viewing This Website right now ... -----From an AFFILIATE'S Recommendation. And ... ----------------------------------------------------------------------ALL AFFILIATES KNOW ... -----------------------------NO ONE CAN PUT THE GENIE BACK IN THE BOTTLE ------They KNOW that NOW ... you're going to be looking Over Their Shoulders and asking a LOT more difficult "QUESTIONS" than ------ever before, and knowing EXACTLY what to watch out for. ---------------------------------------------------------YET ... they STILL look forward to working with you. -------------------------------------------------And that speaks volumes about anyone's Integrity. |

| DISCLAIMER - Terms and Conditions of Use: * If you choose to use our Affiliates: Your relationship is SOLELY with them, NOT REEinc. We have no legal Authority and all Supervision for their actions is required by State laws to be "Singular" to the registered Designated Broker they work under at their company for liability purposes to the consumer. We have No way to "monitor" Affiliates personal interactions with you, or thier adherence to our Code of Ethics, and we may not be named in any Legal Action between you and them, the designated Company, or Broker they work under, or any other parties whatsoever. * The information on this Website is not intended to be legal advice. ALL Information and Videos on this Website, or any REEinc Websites, Media Outlets, YouTube, embeded Links of our Videos or Intellectual property use elsewhere , or contained within our Intellectual Property distributed in any form, represents the OPINION of Real Estate Excellence, Inc. and nothing is designed to provide legal or financial advice. Before making any home purchase, or sale you should consult a licensed qualified real estate attorney for "Legal Advice" and a CPA for financial advice. *Others may draw different conclusions, and laws vary from State to State and are ever- changing. We are happy to correct mistakes. Anyone Relying on any information found in this website does so AT THEIR OWN RISK, and REEinc assumes no responsibility for consequences relating directly or indirectly to any action or inaction you take based on the information, materials, or services on this site, our Affiliates' sites, or our actions. *All content is provided 'AS IS' with no guarantee or warranties to it's accuracy, reliability, completeness or timeliness, all of which have not been verified, and will not be verified, and we will not be responsible for any damage or loss related to same. In no event shall REEinc be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use of our Affiliate Members, their Adherence to our Code of Ethics or use of our Intellectual Property. *Real Estate Excellence, Inc. may receive compensation for referral of Buyers or Sellers to Affiliate Companies. |



| BUYERS REMORSE |

| Real Estate PRACTICES affect everyone who lives under a roof. We believe it's time for EVERYONE to be treated fairly. |

| SELLERS: |
| BUYERS: |

| TELL YOUR STORY We are Compiling Nationwide Complaints To Support A Unified Legislative Agenda Towards Establishing a FEDERAL Bureau of Real Estate |
| Our National Headquarters BROKERAGE In Pebble Beach, Ca SERVES Pebble Beach |
| BUYERS & SELLERS |
| Carmel by the Sea Specializing in Custom Built Homes For Sale |

| A National Public Resource |