Those Building a Home Advised to Hire a Realtor
Recently, a homeowner hired a member of the Denver Board of Realtors to sell his home. The Realtor put his home on the market and under the homeowner’s instructions, asked for a Dec. 10th , closing date - the date his new home was to be completed. The Realtor was not used in the purchase of their new home.
A contract was negotiated, and a Dec. 10th , closing date was agreed on by the buyers. These buyers sold their home to an out-of-town buyer who had, in turn, sold their home to another buyer (in real estate this type of transaction is called a “domino sale,” meaning one purchase is contingent on the performance of another purchase). A domino transaction was in place with all closing dates based on the Dec. 10 closing date.
Around Dec. 1st , the homeowner learned that their new home would not be completed by Dec. 10th As a result, they asked if they could delay the sale on their present residence. The buyer agreed to extend the closing if their out-of-town buyer could also extend the date. Unfortunately, the out-of-town buyer could not because the people buying their home would not agree to the extension.
The homeowner is now faced with two choices: 1. To comply with the terms of their contract that provided for a Dec. 10th , closing date, or 2. Breach the contract with their buyers by refusing to close on Dec. 10th and placing themselves in a position where they are potentially liable for damages incurred by the other buyers.
After consulting an attorney, the homeowner elected to close on the sale of their home. The homeowners then had no option but to lease storage space to house furniture and personal belongings, place their two dogs in a kennel, and rent an apartment while they waited completion of their new home.
On Dec. 18th , the builder informed the homeowner that their home was complete and invited them to “walk through” the home to verify its completion. When the homeowner “walked through” their new home, they found a number of unsatisfactory conditions in the finish of the new home, including the wrong color and grade of carpet. The homeowner told the builder that they would not close until the unsatisfactory conditions were corrected. The builder showed that his contract specifically stated that once the builder had a Certificate of Occupancy on the home, there could be no refusal to close. The builder did advise the homeowner that they could itemize the unsatisfactory conditions on a list that the builder would address after closing. Our homeowner once again consulted his attorney who advised them that they had to close.
The homeowner closed the purchase of their new home. Shortly after the closing, they discovered that the fence they had contracted to buy could not be installed because it did not meet with the covenant requirements of the homeowner association. They also discovered that he could not park their boat on the driveway because it was a violation of the covenants of the community. In addition, the list the builder allowed them to prepare was increasing in length, and the homeowner was becoming more and more disappointed and frustrated with their purchase transaction.
Use a Realtor
Many new home buyers believe if they buy directly from the builder they will save money. This generally is not the case. Most new home builders are members of the Builder Realtor Council. The BRC’s builder members agree to pay Realtors a selling commission if they are involved in the transaction on behalf of a buyer. If a Realtor is not involved in the purchase transaction, the builder retains that commission money. That money is not offered to the buyer in the form of a credit or a reduction in purchase price. Therefore, there is no financial savings for the buyer by not using a Realtor in the transaction.
More important is the fact that the buyer is negotiating with the builder without representation. In Colorado, the Colorado Real Estate Commission prepares and approves purchase contracts that are intended to protect the rights of both the buyer and seller. New home builders do not fall under the rules and regulations of the Colorado Real Estate Commission, and as a result, do not have to comply with standard regulations including the preparation and use of commission-approved forms. The builder purchase contract forms are traditionally worded to favor the builder - they are not drafted with the intent to protect the interests of the buyer.
Surprisingly, most buyers who attempt to save money by negotiating directly with the builder without the expertise and guidance of a Realtor also choose not to retain an attorney to review the builder purchase contract. Usually, the attorney and the Realtor are contacted after problems are discovered - often when it is too late to eliminate the problem. This “after-the-fact” approach can be very costly to the buyer.
Understanding that there is no financial savings to negotiate with the builder without a Realtor, it is important to know that Realtors are familiar with new home construction and are accustomed to working with builders and their purchase contracts. Realtors can recommend the inclusion of language in builder purchase contracts that protect the buyer. For example, most Realtors recommend to buyers that they retain the services of an expert (i.e., architect, building inspector, engineer) and have them visit the property while it is under construction and following the completion of construction to insure that any problems are addressed properly. The Realtor will often recommend the inclusion of language that provides for these inspections as well as “walk through” of the property as a contingency to closing.
Realtors can also address other concerns that protect the buyer’s interest (i.e., receipt, review and approval of title work and homeowner association bylaws and covenants) so that the buyer can terminate the builder purchase contract in the event conditions in any of the documents do not meet with their approval.
Realtors may also be able to negotiate upgrades at no additional costs, closing extensions without penalty, recommendations of experts, other improvements (i.e., landscaping, security systems, sprinkler systems), radon mitigation before and following the purchase of the property, and address a number of other significant issues that directly impact the buyer’s purchase and eventual resale of the property.
Realtor - Not a synonym for real estate agent
A quick reminder that a person who is a real estate agent is not necessarily a Realtor. A Realtor is a real estate agent who is a member of the National Association of Realtors and who subscribes to NAR’s strict Code of Ethics. This, code provides guidelines and rules for Realtors to practice real estate in an ethical manner, ensuring the safety of both the seller and buyer. Being a Realtor is voluntary, but those who choose to belong demonstrate an unwavering desire to provide the best services for their clients. Only real estate agents who are members of NAR can use the term “Realtor.”
Building a new home is a major event. Undertaking this event without the benefit of the representation and expertise of a Realtor is not a wise decision. Realtors can minimize the problems involved and can provide peace of mind for the new home buyer - making the new home building process a more pleasant experience.
The Denver Board of Realtors is one of more than 1,800 local boards and associations of Realtors nationwide that comprise the National Association of Realtors. As the nation’s largest professional association, NAR represents nearly 750,000 members involved in all aspects of the real estate industry.