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Mold – What’s New?



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Mold..It’s whats for Dinner

Way back in July, I AG’d (my new term for posting on AgentGenius) about Buyer Agent Disclosure responsibilties and used mold as an example.  That post was prompted from Jim Duncan’s excellent post about what rights Sellers may have for Buyer Agent’s Disclosures online.  Whereas my post was a rant, JIm’s was a great educational tool and I encourage you to go back and read it.  Yesterday I received an e-mail from a practitioner about a recent legal decision, here in Virginia.  The Article, entitled Costly Mold: Loudoun couple awarded $4.75M for mold injuries had shaken the agent a little and they wished to know what was being done to force agents to be more proactive in this area.  Here are some excerts from the article, but I encourage you to read it as well:

A Loudoun County Circuit Court jury has returned verdicts totaling $4.75 million for a couple who contended that mold in their $900,000 home sickened them and rendered their house unlivable

During the trial, Wise presented evidence it would cost $400,000 to properly remediate the house by removing all drywall and lumber that was contaminated by mold. The family also testified that they disposed of almost $100,000 worth of furniture, clothes and other personal effects because they were contaminated by mold.

What should you do?

The agent who e-mailed me eluded to the fact that there weren’t enough educational opportunities.  Within a few minutes I had found sevearl resources, from blogs to association e-mails, newsletters, NAR magazines etc that had gone over and over the hazards.  The informaiton is out there.

I wanted to point out a few things that I think agents should do to help protect their clients and themselves.  First put a link to the EPA’s guide to Mold on your website and refer your clients to it during your new buyer-client interview.  Second is to disclosue, disclose, disclose.  If you see something green, black or generally moldy looking while showing the house, take a digital picture of it, and should your clients desire to write an offer, e-mail them the photos with your disclosure that you aren’t a mold inspector (unless you are) and that you recommend they hire an inspector.  I emphasize e-mail, so that you can show your efforts at good solid disclosure.

In Virginia, the Seller isn’t obligated to disclose material defects, but all licensees are.  To return to a point from an earlier post, Buyer Agents have a great deal of responsibility and should take it seriously.  Do you want to be on the hook for a $400,000 remediation?

Agents should always have a written and easily accessible list of professionals.  You shouldn’t be googling “mold inspection in my-town-usa” when the need arises.  You should have an existing relationship with these types of professionals.  Brokers – you should have these folks in to the office for a 10 minute “how ya doin’ ” occasionally to make sure that your agents do have knowledable resources.

I did find this nugget – it’s a company that will certify you as a mold inspector.  What I found is that the cost to become a mold inspector is about $200 more than becoming a real estate agent in my state and require 30 more hours than salesperson training.  I think there is a moral in that fact…  maybe for a differnet post.

Are there limits?

Yes, there are limits to how much an agent can do.  It’s my opinion that when it comes to mold, you’re job stops at recommendation and awareness.  There are many buyers who live in crummy houses that have mold and mildew and they aren’t concerned with it.  You’ve done your due diliegence by making concerns known and presenting them with options.  I personally would not walk away from a buyer based on their deaf ears about material disclosures.   Why?  My job is to assist them in their decisions and not make those decisions for them.

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  1. Paula Henry

    January 8, 2009 at 12:43 pm

    Matthew – MOLD is a dirty four letter word with serious health consequences for many, not to mention the litgation consequences you have stated here.

    Your suggestions offer an agent protection against such litigation using basic common sense to protect ourselves and our clients.

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Disputing a property’s value in a short sale: turn a no into a go

During a short sale, there may be various obstacles, with misaligned property values ranking near the top, but it doesn’t have to be a dealbreaker!



magic eight ball

magic eight ball

It’s about getting your way

Were you on the debate team in high school? Were you really effective at convincing your parent or guardian to let you do things that you shouldn’t have been doing? How are your objection-handling skills? Can you flip a no into a go?

When working on short sales, there is one aspect of the process that may require those excellent negotiation or debate skills: disputing the property value. In a short sale, the short sale lender sends an appraiser or broker to the property and this individual conducts a Broker Price Opinion or an appraisal, using special forms provided by the short sale lender.

After this individual completes the Broker Price Opinion or the appraisal, he or she will return it to the short sale lender. Shortly thereafter, the short sale lender will be ready to talk about the purchase price. Will the lender accept the offer on the table or is the lender looking for more? If the lender is seeking an offer for a lot more than the one on the table, mentally prepare for the fact that you will need to conduct a value dispute.

Value Dispute Process

While each of the different short sale lenders (including Fannie Mae) has their own policies and procedures for value dispute, all these procedures have some things in common. Follow the steps below in order to conduct an effective value dispute.

  1. Inquire about forms. Ask your short sale lender if there are specific forms that you need to complete in order to conduct a value dispute. Obtain those forms if necessary.
  2. Gather information. Your goal is to convince the lender to accept the buyer’s offer, so you need to demonstrate that your offer is in line with the value of the property. Collect data that proves this point, such as reports from the MLS, Trulia, Zillow, or your local title company.
  3. Take photos. If there are parts of the property that are substandard and possibly were not revealed to the lender by the individual conducting the BPO, take photos of those items. Perhaps the kitchen has no flooring, or there is a 40-year old roof. Take photos to demonstrate these defects.
  4. Obtain bids. For any defects on the property, obtain a minimum of two bids from licensed contractors. For example, obtain two bids from roofers or structural engineers if necessary
  5. Write a report. Think back to high school English class if necessary. Write a short essay that references your information, photos, and bids, and explains how these items support your buyer’s value. This is not something that you whip up in five minutes. Spend time preparing a compelling appeal.

It is entirely possible that some lenders will not be particularly open-minded when it comes to valuation dispute. However, more times than not, an effective value dispute leads to short sale approval.

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Short sale standoffs: how to avoid getting hit

The short sale process can feel a lot like a wild west standoff, but there are ways to come out victorious, so let’s talk about those methods:



short sales standoff

short sales standoff

What is a short sale standoff?

If you are a short sale listing agent, a short sale processor, or a short sale negotiator then you probably already know about the short sale standoff. That’s when you are processing a short sale with more than one lien holder and neither will agree to the terms offered by the other. Or… better yet, each one will not move any further in the short sale process until they see the short sale approval letter from the other lien holder.

Scenario #1 – You are processing a short sale with two different mortgage-servicing companies. Bank 1 employees tell you that they will proceed with the short sale, and they will offer Bank 2 a certain amount to release their lien. You call Bank 2 and tell them the good news. Unfortunately, the folks at Bank 2 want more money. If Bank 1 and Bank 2 do not agree, then you are in a standoff.

Scenario #2 – You are processing a short sale with two different mortgage-servicing companies. Bank 1 employees tell you that they cannot generate your approval letter until you present them with the approval letter from Bank 2. Bank 2 employees tell you the exact same thing. Clearly, in this situation, you are in a standoff.

How to Avoid the Standoff

If you are in the middle of a standoff, then you are likely very frustrated. You’ve gotten pretty far in the short sale process and you are likely receiving lots of pressure from all of the parties to the transaction. And, the lenders are not helping much by creating the standoff.

Here are some ideas for how to get out of the situation:

  • Go back to the first lien holder and ask them if they are willing to give the second lien holder more money.
  • Go to the second lien holder and tell them that the first lien holder has insisted on a maximum amount and see if they will budge.
  • If no one will budge, find out why. Is this a Fannie Mae or Freddie Mac loan? If so, they have a maximum that they allow the second. And, if you alert the second of that information, they may become more compliant.
  • Worst case: someone will have to pay the difference. Depending on the laws in your state, it could be the buyer, the seller, or the agents (yuck). No matter what, make sure that this contribution is disclosed to all parties and appears on the short sale settlement statement at closing.
  • In Scenario #2, someone’s got to give in. Try explaining to both sides where you are and see if one will agree to generate their approval letter. If not, follow the tips provided in this Agent Genius article and take your complaint to the streets.

One thing about short sales is that the problems that arise can be difficult to resolve merely because of the number of parties involved—and all from remote locations. Imagine how much easier this would be if all parties sat at the same table and broke bread? If we all sat at the same table, then we wouldn’t need armor in order to avoid the flying bullets from the short sale standoff.

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Short sale approval letters don’t arrive in the blink of an eye

Short sale approval letters may look like they’ve been obtained simply by experts, but it takes time and doesn’t just happen with luck.



short sales

short sale approval

Short sale approval: getting prepared, making it happen

People always ask me how it is that I obtain short sale approval letters with such ease. The truth is, that while I have more short sale processing and negotiating experience than most agents and brokers, I don’t just blink my eyes like Jeannie and make those short sale approval letters appear. I often sweat it, just like everyone else.

Despite the fact that I do not have magical powers, I do have something else on my side—education. One of the most important things than can lead to short sale success for any and all agents is education.

Experience dictates that agents that learn about the short sale process
have increased short sale closings.

Short sale education opportunities abound

There are many ways to become educated about the short sale process and make getting short sale approval letters look easy to obtain. These include:

  • Classes at your local board of Realtors®
  • Free short sale webinars and workshops
  • The short sale or foreclosure specialist designations

As the distressed property arena grows and changes, it is important to always stay abreast of policy changes that may impact how you do your job and how you process any short sale that lands on your plate.

The most important thing to do is to read, read, read. Follow short sale specialists and those who blog about short sales on AGBeat, Google+, facebook, and twitter. Set up a Google Alert for the term ‘short sale’ and you will receive Google’s top short sale picks daily in your email inbox. Visit mortgagor websites to read up on their specific policies and procedures.

Don’t take on too much

And, when you get a call from a prospective short sale seller, make sure that you don’t bit off more than you can chew. Agents in most of America right now are clamoring for listings since we are in the midst of a listing shortage. But, if you are going to take on a short sale, be sure that it is a deal that you can close. And, if you have your doubts, why not partner up with a local agent that can mentor your and assist you in getting the job done? After all, half a commission check is better than none!

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