By Gary Isom
Executive Director
Arkansas Real Estate Commission
Gary.Isom@Arkansas.Gov
Lately, the news has been full of stories about hundreds of thousands of foreclosures being delayed because of robo-signatures. The legality of many individual foreclosure proceedings are being challenged based upon the claim that the person who gave the final stamp of approval to move forward with the foreclosure action did not actually have knowledge of important facts of the case. That claim, if proven, could allegedly convert the authority’s “signature” into a “robo-signature”, thereby calling into question the validity of the foreclosure proceeding.
Fortunately, that rationale does not apply to the supervising broker’s signature on a real estate contract. Otherwise, we might have parties to real estate transactions claiming that their sales contracts were not valid because the supervising broker signed the document without reviewing and having knowledge of all the facts of the transaction. However, let’s ask ourselves this question: if the contract could be declared void because the supervising broker did not know all the facts of the transaction, would we have a lot of voidable contracts in the real estate business? Unfortunately, I’m concerned that we would.
Arkansas Real Estate Commission Regulation 10.4(d)(1) states:
“The preparation of instruments in connection with a real estate rental or sale and the closing of a sale by a licensee must be performed by or under the specific supervision of the principal broker.”
Arkansas Real Estate Commission Regulation 10.12(b) states:
“ (b) Every offer received must be signed by the licensee who receives it and by that licensee's supervising broker. Every acceptance must be signed by the listing licensee and that licensee’s supervising broker . (It is desirable for the supervising brokers of the selling licensee and listing licensee to review and sign each real estate contract before it is submitted to the seller, although that is not always possible. However, such supervising brokers shall review and sign the real estate contract as soon as possible after it is received, and, in all cases, prior to closing.)”
As for Timing for Supervising Broker Signatures, the Sooner the Better
There are often questions about when a supervising broker should sign the sales contract. The above regulation addresses that issue somewhat by stating that the brokers should always review and sign the contract prior to closing. However, the sooner a supervising broker signs a contract, the more apparent it becomes that the broker was involved in the transaction, thereby fulfilling his or her supervisory responsibilities. If a contract negotiation goes through several stages and parties are left holding multiple versions of the contract that do not include the supervising broker’s signature, it can appear that the broker is not supervising his or her agents. While it may not always be practical for the supervising broker to sign at each stage, as a matter of practice, a supervising broker should attempt to establish that he or she was supervising at the earliest stage possible. The broker’s signature does just that. Parties should be given copies of contracts as they sign them. If parties are left holding multiple copies of the contracts that are not signed by the broker, those copies will most assuredly be submitted to the Commission if the party files a complaint. It certainly looks better if those copies are signed by the supervising broker.
To sum it up, principal brokers and supervising executive brokers are responsible for knowing the facts of the sales contracts that are brokered by agents licensed with their firm.
When a commission investigator visits an office to review files, the supervising broker’s signature must appear on all sales contracts for closed transactions. The supervising broker’s signature should also appear on pending sales contracts, unless there is a good reason that the supervising broker has not had the opportunity to review and sign. The supervising broker’s signature establishes that the broker reviewed the document and was knowledgeable of the facts of the transaction. The concept of a robo-signature is simply not an acceptable option for supervising brokers in a real estate firm. The language of a formal ORDER OF NOTICE to appear before the commission would read something like “The supervising broker knew or should have known the facts of the real estate transaction”.
Always remember Commission Regulation 10.4(a)(1) which states:
“A principal broker is generally responsible for all business conducted by the broker’s firm and for all of the real estate activities of all of those licensed under or associated with the principal broker…”
NOTE: For purposes of this article, the term “principal broker” should be interpreted to include designated executive brokers of branch offices and the term “supervising broker” includes principal brokers, designated executive brokers of branch offices, and executive brokers who are assigned supervisory responsible over licensees in the firm.
The Arkansas Realtors® Association, with thirty-seven local Realtor® Boards and Associations statewide, is the State arm of the Chicago- and Washington, D.C.-based National Association of Realtors®. Members of the National Association, the State Associations and the local Boards and Associations are identified by the registered membership term, “Realtor®” and pledge adherence to the Realtors® Code of Ethics.
Tuesday, November 30, 2010
Monday, November 29, 2010
House to House: Realtor® Survey Reports Sellers Experiencing Positive Returns
NAR 2010 President Vicki Cox Golder, said the pattern of home buyers taking a long-term view has solidified over the past few years. “This underscores two simple facts – home ownership encourages stability, and the longer you own, the better your investment.”
Even with several years of price declines, the typical seller who purchased a home eight years ago experienced a median equity gain of $33,000, a 24 percent increase, while sellers who were in their homes for 11 to 15 years saw a median gain of 40 percent.
“Sellers who purchased at the top of the market and had to sell in a short time frame were hurt by the price correction, but the vast majority who are able to stay for a normal period of home ownership generally built enough equity to make a trade-up purchase,” Golder said. “Despite swings in the housing market in recent years, the fact is most long-term owners see healthy gains in the value of their property.”
In the 2006 study, covering sellers during the close of the housing boom, 6 percent of sellers had owned their property for less than a year and a total of 30 percent had owned for three years or less. In the 2010 study, only 3 percent had owned their home for less than a year and a total of 11 percent had owned for three years or less.
Paul Bishop, NAR vice president of research, said the lion’s share of buyers view their home as a good investment. “Eighty-five percent of recent home buyers see their home as a good investment, and nearly half think that investment is better than stocks,” he said. “Even with the turmoil created by the housing boom and bust, this indicates the long-term view of home ownership as a fundamental goal and value remains sound. In fact, the single biggest reason most people buy a home is the simple desire to own a home of their own, cited by 31 percent of respondents, including 53 percent of first-time buyers.”
The next biggest reasons for buying, identified by all home buyers, were desire for a larger home, 9 percent; a change in family situation and the home buyer tax credit, cited by 8 percent each; a job-related move, 7 percent; and the affordability of homes, 6 percent. Twelve other categories were 5 percent or less.
The number of first-time home buyers rose to a record high 50 percent of all home sales from 47 percent in the 2009 study, building on success of the home buyer tax credit which began in 2009. The previous cyclical high for first-time buyers was 44 percent in 1991; records date back to 1981.
The Arkansas Realtors® Association, with thirty-seven local Realtor® Boards and Associations statewide, is the state arm of the Chicago- and Washington, D.C.-based National Association of Realtors®. Members of the National Association, the State Associations and the local Boards and Associations are identified by the registered membership term, “Realtor®” and pledge adherence to the Realtors® Code of Ethics.
House to House is written by Amy Glover Bryant, APR and distributed weekly by the Arkansas Realtors Association (http://www.arkansasrealtors.com/).
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| Photo provided by Arkansas Realtor® Dwayne Hatt |
A recent survey by the National Association of Realtors® found that home buyers confirmed a long-term view of home ownership, the typical seller is experiencing positive returns and the vast majority of home owners see their property as a good investment. The 2010 National Association of REALTORS® Profile of Home Buyers and Sellers is the latest in a series of large national NAR surveys evaluating demographics, preferences, marketing and experiences of recent home buyers and sellers.
Although typical sellers had been in their previous home for eight years, up from seven years in the 2009 study, first-time buyers plan to stay for 10 years and repeat buyers plan to hold their property for 15 years.
NAR 2010 President Vicki Cox Golder, said the pattern of home buyers taking a long-term view has solidified over the past few years. “This underscores two simple facts – home ownership encourages stability, and the longer you own, the better your investment.”
Even with several years of price declines, the typical seller who purchased a home eight years ago experienced a median equity gain of $33,000, a 24 percent increase, while sellers who were in their homes for 11 to 15 years saw a median gain of 40 percent.
“Sellers who purchased at the top of the market and had to sell in a short time frame were hurt by the price correction, but the vast majority who are able to stay for a normal period of home ownership generally built enough equity to make a trade-up purchase,” Golder said. “Despite swings in the housing market in recent years, the fact is most long-term owners see healthy gains in the value of their property.”
In the 2006 study, covering sellers during the close of the housing boom, 6 percent of sellers had owned their property for less than a year and a total of 30 percent had owned for three years or less. In the 2010 study, only 3 percent had owned their home for less than a year and a total of 11 percent had owned for three years or less.
Paul Bishop, NAR vice president of research, said the lion’s share of buyers view their home as a good investment. “Eighty-five percent of recent home buyers see their home as a good investment, and nearly half think that investment is better than stocks,” he said. “Even with the turmoil created by the housing boom and bust, this indicates the long-term view of home ownership as a fundamental goal and value remains sound. In fact, the single biggest reason most people buy a home is the simple desire to own a home of their own, cited by 31 percent of respondents, including 53 percent of first-time buyers.”
The next biggest reasons for buying, identified by all home buyers, were desire for a larger home, 9 percent; a change in family situation and the home buyer tax credit, cited by 8 percent each; a job-related move, 7 percent; and the affordability of homes, 6 percent. Twelve other categories were 5 percent or less.
The number of first-time home buyers rose to a record high 50 percent of all home sales from 47 percent in the 2009 study, building on success of the home buyer tax credit which began in 2009. The previous cyclical high for first-time buyers was 44 percent in 1991; records date back to 1981.
The Arkansas Realtors® Association, with thirty-seven local Realtor® Boards and Associations statewide, is the state arm of the Chicago- and Washington, D.C.-based National Association of Realtors®. Members of the National Association, the State Associations and the local Boards and Associations are identified by the registered membership term, “Realtor®” and pledge adherence to the Realtors® Code of Ethics.
The 2010 National Association of REALTORS® Profile of Home Buyers and Sellers survey can be ordered by calling 800-874-6500, or online at www.realtor.org/prodser.nsf/Research.
♦♦♦
Tuesday, November 23, 2010
October 2010 Housing Market Report
The Arkansas Realtors® Association reports that Arkansas home sales are down 3% for the year through October as compared to sales for the same period in 2009. The average price for a single-family home in Arkansas rose almost 5% in October to $144,674 from $137,819 in October 2009. However, for the month home sales are down almost 27% as compared with October 2009 home sales. This matches up with reports from the National Association of Realtors® that home sales in the South are 24.0 percent below the year-ago surge. NAR also reports that the median price in the South was $148,700, down 0.7 percent from October 2009.
The following is a link to the full Arkansas Realtors Association report for 42 counties in Arkansas:
http://dl.dropbox.com/u/12295076/ARA_%20Housing_market_report_for_October_FINALwithWashingtonCountyChange.xls
Lawrence Yun, NAR chief economist, said the recent sales pattern can be expected to continue. “The housing market is experiencing an uneven recovery, and a temporary foreclosure stoppage in some states is likely to have held back a number of completed sales. Still, sales activity is clearly off the bottom and is attempting to settle into normal sustainable levels,” he said. “Based on current and improving job market conditions, and from attractive affordability conditions, sales should steadily improve to healthier levels of above 5 million by spring of next year.”
The following is a link to the full NAR release on October sales: http://www.realtor.org/press_room/news_releases/2010/11/october_retreat
As always, please keep in mind that this is an approximation of the Arkansas housing market based on the information provided to the Association at the time of the report's distribution. Data is provided by Realtors® reporting through participating multiple listing services in Arkansas and while deemed reliable is not guaranteed.
The following is a link to the full Arkansas Realtors Association report for 42 counties in Arkansas:
http://dl.dropbox.com/u/12295076/ARA_%20Housing_market_report_for_October_FINALwithWashingtonCountyChange.xls
Lawrence Yun, NAR chief economist, said the recent sales pattern can be expected to continue. “The housing market is experiencing an uneven recovery, and a temporary foreclosure stoppage in some states is likely to have held back a number of completed sales. Still, sales activity is clearly off the bottom and is attempting to settle into normal sustainable levels,” he said. “Based on current and improving job market conditions, and from attractive affordability conditions, sales should steadily improve to healthier levels of above 5 million by spring of next year.”
The following is a link to the full NAR release on October sales: http://www.realtor.org/press_room/news_releases/2010/11/october_retreat
As always, please keep in mind that this is an approximation of the Arkansas housing market based on the information provided to the Association at the time of the report's distribution. Data is provided by Realtors® reporting through participating multiple listing services in Arkansas and while deemed reliable is not guaranteed.
Monday, November 22, 2010
House to House: Talking Fried, Baked or Smoked Turkey
The big topic around my house this week is whether to smoke, fry or bake our Thanksgiving turkey. We’ve all been recounting the various commercials where anecdotes are shared and statistics are given about how many houses burned down or turkeys exploded because someone tried to fry their turkey, didn’t know what they were doing and put the bird in the hot oil frozen.
According to the U.S. Department of Agriculture, more than 45 million turkeys are cooked and eaten at Thanksgiving. While I and my family love the crunchiness of a deep fried turkey, United Laboratories (UL) – the folks that have been testing, verifying, validating and inspecting thousands of products to keep us all safe since 1894 – does not certify any turkey fryers with its trusted UL Mark and urges consumers to take extra caution if they are going to use turkey fryers this holiday season.
According to the UL website, manufacturers have made strides toward enhancing product features in an attempt to make turkey fryers safer for consumers. These new features include designing non-heat conducting handles and sturdier stands; but, based on continued observation, turkey fryers still pose a considerable risk if not used correctly.
“We’re worried by the increasing reports of fires related to turkey fryer use,” said John Drengenberg, UL consumer affairs manager. “Based on our test findings, the fryers used to produce those great-tasting birds are not worth the risks.”
Great. Another aspect to add to the Great Bryant Holiday Bird Debate. According to United Laboratories, here’s why using a turkey fryer can be dangerous:
• Although some manufacturers have improved the stability of their fryers, some units could tip over, spilling as much as five gallons of hot oil out of the cooking pot.
• If the cooking pot is overfilled with oil, the oil may spill out of the unit when the turkey is placed into the cooking pot. Oil may hit the burner/flames, causing fire to engulf the entire unit.
• Partially frozen turkeys placed into the fryer can also cause a spillover effect, resulting in an extensive fire.
• Most turkey fryers have no thermostat controls, increasing their potential to overheat cooking oil to the point of combustion.
• The sides of the cooking pot, lid and pot handles get dangerously hot, posing severe burn hazards.
To the Bryant Boys and all those reading this column, I say again: Use extreme caution when using turkey fryers. If you absolutely must use a turkey fryer, here are some tips UL provides for safer use:
• Turkey fryers should always be used outdoors, located a safe distance from buildings and any other flammable materials.
• Never use turkey fryers on wooden decks or in garages.
• Make sure the fryers are used on a flat surface to reduce accidental tipping.
• Never leave the fryer unattended. Most units do not have thermostat controls. If you don’t watch the fryer carefully, the oil will continue to heat until it catches fire.
• Never let children or pets near the fryer when in use. After use, continue to exercise extreme caution as the oil inside the cooking pot can remain dangerously hot for hours.
• To avoid oil spillover, do not overfill the fryer.
• Use well-insulated potholders or oven mitts when touching pot or lid handles. If possible, wear safety goggles to protect your eyes from oil splatter.
• Make sure the turkey is completely thawed and be careful with marinades. Oil and water don’t mix and water can cause oil to spill over, starting a fire or even an explosion hazard.
• The National Turkey Federation recommends refrigerator thawing and to allow approximately 24 hours for every five pounds of bird thawed in the refrigerator.
• Never use water to extinguish a grease fire. Remember to use your best judgment when attempting to fight a fire. If the fire is manageable, use an all-purpose fire extinguisher. If the fire increases, immediately call 9-1-1 for help.
At my home the debate rages on. However, the turkey is purchased, it’s thawing and I’ve got the portable phone programmed to call 9-1-1 (even if I take over the turkey preparation responsibilities and try to bake one).
Here’s hoping all of us have a happy and healthy Thanksgiving.
According to the U.S. Department of Agriculture, more than 45 million turkeys are cooked and eaten at Thanksgiving. While I and my family love the crunchiness of a deep fried turkey, United Laboratories (UL) – the folks that have been testing, verifying, validating and inspecting thousands of products to keep us all safe since 1894 – does not certify any turkey fryers with its trusted UL Mark and urges consumers to take extra caution if they are going to use turkey fryers this holiday season.
According to the UL website, manufacturers have made strides toward enhancing product features in an attempt to make turkey fryers safer for consumers. These new features include designing non-heat conducting handles and sturdier stands; but, based on continued observation, turkey fryers still pose a considerable risk if not used correctly.
“We’re worried by the increasing reports of fires related to turkey fryer use,” said John Drengenberg, UL consumer affairs manager. “Based on our test findings, the fryers used to produce those great-tasting birds are not worth the risks.”
Great. Another aspect to add to the Great Bryant Holiday Bird Debate. According to United Laboratories, here’s why using a turkey fryer can be dangerous:
• Although some manufacturers have improved the stability of their fryers, some units could tip over, spilling as much as five gallons of hot oil out of the cooking pot.
• If the cooking pot is overfilled with oil, the oil may spill out of the unit when the turkey is placed into the cooking pot. Oil may hit the burner/flames, causing fire to engulf the entire unit.
• Partially frozen turkeys placed into the fryer can also cause a spillover effect, resulting in an extensive fire.
• Most turkey fryers have no thermostat controls, increasing their potential to overheat cooking oil to the point of combustion.
• The sides of the cooking pot, lid and pot handles get dangerously hot, posing severe burn hazards.
To the Bryant Boys and all those reading this column, I say again: Use extreme caution when using turkey fryers. If you absolutely must use a turkey fryer, here are some tips UL provides for safer use:
• Turkey fryers should always be used outdoors, located a safe distance from buildings and any other flammable materials.
• Never use turkey fryers on wooden decks or in garages.
• Make sure the fryers are used on a flat surface to reduce accidental tipping.
• Never leave the fryer unattended. Most units do not have thermostat controls. If you don’t watch the fryer carefully, the oil will continue to heat until it catches fire.
• Never let children or pets near the fryer when in use. After use, continue to exercise extreme caution as the oil inside the cooking pot can remain dangerously hot for hours.
• To avoid oil spillover, do not overfill the fryer.
• Use well-insulated potholders or oven mitts when touching pot or lid handles. If possible, wear safety goggles to protect your eyes from oil splatter.
• Make sure the turkey is completely thawed and be careful with marinades. Oil and water don’t mix and water can cause oil to spill over, starting a fire or even an explosion hazard.
• The National Turkey Federation recommends refrigerator thawing and to allow approximately 24 hours for every five pounds of bird thawed in the refrigerator.
• Never use water to extinguish a grease fire. Remember to use your best judgment when attempting to fight a fire. If the fire is manageable, use an all-purpose fire extinguisher. If the fire increases, immediately call 9-1-1 for help.
At my home the debate rages on. However, the turkey is purchased, it’s thawing and I’ve got the portable phone programmed to call 9-1-1 (even if I take over the turkey preparation responsibilities and try to bake one).
Here’s hoping all of us have a happy and healthy Thanksgiving.
Monday, November 15, 2010
Did You Remember? Change Smoke and Carbon Monoxide Alarm Batteries
Did you remember to change the batteries in your smoke alarms and carbon monoxide (CO) alarms when you changed your clocks last weekend? If not, do it today.
“Properly working smoke and carbon monoxide alarms can save lives by alerting you to a fire or to poisonous carbon monoxide in your home,” said Consumer Product Safety Commission Chairman Inez Tenenbaum. “In order to work properly, alarms need fresh batteries at least once every year.”
In addition to changing batteries every year, CPSC recommends consumers test their alarms monthly.
According to the CPSC, fire departments responded to an estimated 385,100 residential fires nationwide that resulted in an estimated 2,470 civilian deaths, 12,600 injuries and $6.43 billion in property losses annually, on average, from 2005 through 2007.
The National Fire Prevention Association also offers the following tips regarding installation, maintenance and testing of smoke alarms:
Installation
• At least one smoke alarm should be located on every level of the home, including the basement, as well as in every sleeping room and outside each sleeping area.
• NFPA strongly recommends either installing combination smoke alarms, or both ionization and photoelectric alarms, in the home. An ionization alarm is typically more responsive to a flaming fire, such as a pan fire. A photoelectric alarm is typically more responsive to a smoldering fire, as might occur where a lighted cigarette is dropped on a sofa. Combination smoke alarms have ionization and photoelectric capabilities.
• Whatever type of smoke alarms you choose, they should carry the label of a recognized testing laboratory.
• Interconnected smoke alarms offer the best protection; when one sounds, they all do. This is particularly important in larger or multi-story homes, where the sound from distant smoke alarms may be reduced to the point that it may not be loud enough to provide proper warning, especially for sleeping individuals.
• A licensed electrician can install either hard-wired multiple-station alarms, or wireless alarms, which manufacturers have more recently begun producing. An electrician can also replace existing hard-wired smoke alarms with wireless interconnection capabilities.
Maintenance and Testing
• Test smoke alarms at least once a month using the test button, and make sure everyone in your home knows their sound.
• If an alarm “chirps,” warning the battery is low, replace the battery right away.
• Replace all smoke alarms, including alarms that use 10-year batteries and hard-wired alarms, when they’re 10 years old (or sooner) if they do not respond properly when tested.
Outside your home, ADT Security Services offers the following advice for preventing fires:
• When buying, building or renovating your home, make sure all roofing materials are fire resistant.
• Clean your gutters regularly. Dry leaves and evergreen needles in rain gutters can easily catch fire.
• Trim back any tree limbs that are within 10 feet of your chimney and dead limbs overhanging your home to prevent them from catching fire.
• To prevent sparks or embers from wildfires from entering and igniting your home and triggering a residential fire alarm, place screens with openings of ½" or smaller over all attic and foundation vents.
• Store firewood and other combustibles away from your home, and keep the lid on your trash can.
• To make sure firefighters can find your house if a residential fire alarm is triggered. Post your address prominently.
• Maintain your landscape to eliminate dead vegetation that could catch fire and use fire-resistant plants.
“Properly working smoke and carbon monoxide alarms can save lives by alerting you to a fire or to poisonous carbon monoxide in your home,” said Consumer Product Safety Commission Chairman Inez Tenenbaum. “In order to work properly, alarms need fresh batteries at least once every year.”
In addition to changing batteries every year, CPSC recommends consumers test their alarms monthly.
According to the CPSC, fire departments responded to an estimated 385,100 residential fires nationwide that resulted in an estimated 2,470 civilian deaths, 12,600 injuries and $6.43 billion in property losses annually, on average, from 2005 through 2007.
The National Fire Prevention Association also offers the following tips regarding installation, maintenance and testing of smoke alarms:
Installation
• At least one smoke alarm should be located on every level of the home, including the basement, as well as in every sleeping room and outside each sleeping area.
• NFPA strongly recommends either installing combination smoke alarms, or both ionization and photoelectric alarms, in the home. An ionization alarm is typically more responsive to a flaming fire, such as a pan fire. A photoelectric alarm is typically more responsive to a smoldering fire, as might occur where a lighted cigarette is dropped on a sofa. Combination smoke alarms have ionization and photoelectric capabilities.
• Whatever type of smoke alarms you choose, they should carry the label of a recognized testing laboratory.
• Interconnected smoke alarms offer the best protection; when one sounds, they all do. This is particularly important in larger or multi-story homes, where the sound from distant smoke alarms may be reduced to the point that it may not be loud enough to provide proper warning, especially for sleeping individuals.
• A licensed electrician can install either hard-wired multiple-station alarms, or wireless alarms, which manufacturers have more recently begun producing. An electrician can also replace existing hard-wired smoke alarms with wireless interconnection capabilities.
Maintenance and Testing
• Test smoke alarms at least once a month using the test button, and make sure everyone in your home knows their sound.
• If an alarm “chirps,” warning the battery is low, replace the battery right away.
• Replace all smoke alarms, including alarms that use 10-year batteries and hard-wired alarms, when they’re 10 years old (or sooner) if they do not respond properly when tested.
Outside your home, ADT Security Services offers the following advice for preventing fires:
• When buying, building or renovating your home, make sure all roofing materials are fire resistant.
• Clean your gutters regularly. Dry leaves and evergreen needles in rain gutters can easily catch fire.
• Trim back any tree limbs that are within 10 feet of your chimney and dead limbs overhanging your home to prevent them from catching fire.
• To prevent sparks or embers from wildfires from entering and igniting your home and triggering a residential fire alarm, place screens with openings of ½" or smaller over all attic and foundation vents.
• Store firewood and other combustibles away from your home, and keep the lid on your trash can.
• To make sure firefighters can find your house if a residential fire alarm is triggered. Post your address prominently.
• Maintain your landscape to eliminate dead vegetation that could catch fire and use fire-resistant plants.
House to House is written by Amy Glover Bryant and distributed weekly by the Arkansas Realtors® Association.
Tuesday, November 9, 2010
House to House: Majority of Americans Believe Homeownership is a Solid Investment in their Future
By now you have no doubt seen the headlines that according to a recent report compiled and distributed by the Arkansas Realtors® Association, home sales in Arkansas are down 21 percent from the same time period last year.
Blech.
The good news of the report is that the average price for a single-family home in Arkansas rose almost 4% in September to $145,690 from $140,534 and, at least for this far in the year, 2010 numbers have remained pretty-much unchanged. In other words, it ain’t pretty but we’re holding our own.
We at the ARA attribute the 4 percent increase in average home prices in part to Arkansas’s strong economy. The Brookings Institution's MetroMonitor, a quarterly, interactive barometer of the health of America’s 100 largest metropolitan economies, recently ranked the Little Rock region the nation's fourth strongest. The Brookings Institution ranked the 100 largest metros by averaging the ranks for four key indicators: employment change, unemployment change, gross metropolitan product, and home price change.
Don’t get me wrong, I don’t think we are out of the woods yet by a long shot. All the economists I’ve heard from and Realtors® I’ve spoken to anticipate it being months before we are seeing strong home sales numbers again – as in next spring. Or summer.
However, despite economic uncertainty and recent challenges in the real estate market, nearly eight out of 10 Americans believe buying a home makes good financial sense. This is according to a recent annual survey released by the National Association of Realtors®. The 2010 National Housing Pulse Survey measures how affordable housing issues affect consumers.
Predictably, job security concerns were among the highest in eight years of sampling. A majority of Americans said layoffs and unemployment are top concerns in their area and eight in 10 say those issues are barriers to homeownership. The Arkansas Realtors® Association also cites job security as one of the main obstacles for consumers who are considering whether to buy, although homeownership is still a worthy long-term investment.
“There is no doubt that job recovery is needed to get the economy and the real estate market back on track,” said Mike Henry, President of the Arkansas Realtors® Association. “However, despite employment concerns, Americans continue to believe that owning a home is part of the American Dream, and it is a dream they still strive to achieve. Homeownership has proven to offer many social benefits and build wealth over the long term.”
We here at the ARA think historically low interest rates and affordable home prices are attracting buyers to today’s housing market. According to the survey, more than one-fourth of renters say they are more serious about purchasing a home than they were a year ago. In addition, 63 percent of renter respondents say owning a home is a priority in their future, and nearly 40 percent say it is one of their highest priorities.
Despite attractive prices and low rates, a majority of Americans, 79 percent, consider having enough money for down payment and closing costs to be among the biggest obstacles to owning a home. Survey respondents are also concerned about their ability to be approved for a loan.
“When deciding whether to buy a home, buyers should carefully evaluate their finances and get preapproved for a loan before beginning the search process,” said Henry who is also a Realtor® with Coldwell Banker Faucette-Fay in Fayetteville. “Realtors® are a valuable source of information about the costs associated with buying and owning a home and can help consumers navigate the increasingly complex buying process.”
The 2010 National Housing Pulse Survey is conducted by American Strategies and Myers Research & Strategic Services for NAR’s Housing Opportunity Program. The telephone survey was among 1,209 adults living in the 25 most populous metropolitan statistical areas. The study has a margin of error of plus or minus 3.1 percentage points.
House to House is written by Amy Glover Bryant and distributed by the Arkansas Realtors® Association.
Monday, November 8, 2010
NAR Home Buyer and Seller Survey Shows Value of Long-Term Home Ownership
Home buyers today have affirmed a long-term view of home ownership, the typical seller is experiencing positive returns and the vast majority of home owners see their property as a good investment, according to the latest consumer survey of home buyers and sellers. The study was released here today at the 2010 REALTORS® Conference & Expo.The 2010 National Association of REALTORS® Profile of Home Buyers and Sellers is the latest in a series of large national NAR surveys evaluating demographics, preferences, marketing and experiences of recent home buyers and sellers.
Although typical sellers had been in their previous home for eight years, up from seven years in the 2009 study, first-time buyers plan to stay for 10 years and repeat buyers plan to hold their property for 15 years.
NAR 2010 President Vicki Cox Golder, owner of Vicki L. Cox & Associates in Tucson, Ariz., said the pattern of home buyers taking a long-term view has solidified over the past few years. “This underscores two simple facts – home ownership encourages stability, and the longer you own, the better your investment.”
Even with several years of price declines, the typical seller who purchased a home eight years ago experienced a median equity gain of $33,000, a 24 percent increase, while sellers who were in their homes for 11 to 15 years saw a median gain of 40 percent.
“Sellers who purchased at the top of the market and had to sell in a short time frame were hurt by the price correction, but the vast majority who are able to stay for a normal period of home ownership generally built enough equity to make a trade-up purchase,” Golder said. “Despite swings in the housing market in recent years, the fact is most long-term owners see healthy gains in the value of their property.”
House flipping is virtually nonexistent in today’s market. “The primary exception is for experienced investors, many of whom pay cash and are making renovations or improvements after a careful study of properties, neighborhoods and market demand,” Golder explained. “The house flipping and quick gains which occurred during the boom period were abnormal, driven by risky, easy-money financing that should never have been allowed in the market.”
In the 2006 study, covering sellers during the close of the housing boom, 6 percent of sellers had owned their property for less than a year and a total of 30 percent had owned for three years or less. In the 2010 study, only 3 percent had owned their home for less than a year and a total of 11 percent had owned for three years or less.
Paul Bishop, NAR vice president of research, said the lion’s share of buyers view their home as a good investment. “Eighty-five percent of recent home buyers see their home as a good investment, and nearly half think that investment is better than stocks,” he said. “Even with the turmoil created by the housing boom and bust, this indicates the long-term view of home ownership as a fundamental goal and value remains sound. In fact, the single biggest reason most people buy a home is the simple desire to own a home of their own, cited by 31 percent of respondents, including 53 percent of first-time buyers.”
The next biggest reasons for buying, identified by all home buyers, were desire for a larger home, 9 percent; a change in family situation and the home buyer tax credit, cited by 8 percent each; a job-related move, 7 percent; and the affordability of homes, 6 percent. Twelve other categories were 5 percent or less.
The number of first-time home buyers rose to a record high 50 percent of all home sales from 47 percent in the 2009 study, building on success of the home buyer tax credit which began in 2009. The previous cyclical high for first-time buyers was 44 percent in 1991; records date back to 1981.
The profile shows the median age of first-time buyers was 30 and the median income was $59,900. The typical first-time buyer purchased a 1,540 square foot home costing $152,000, with 93 percent using the first-time buyer tax credit.
First-time buyers who made a downpayment used a variety of sources: 74 percent used savings, 27 percent received a gift from a friend or relative, typically from their parents, and 9 percent received a loan from a relative or friend. Eight percent tapped into a 401(k) fund, and 6 percent sold stocks or bonds. Ninety-five percent chose a fixed-rate mortgage.
The shares of entry-level buyers receiving a gift or loan were modestly higher than 2009 when 22 percent received a gift and 6 percent a loan from a relative or friend. “It appears more parents were motivated to help their children to take advantage of the home buyer tax credit and very favorable affordability conditions,” Bishop said.
Fifty-six percent of entry level buyers financed their purchase with an FHA loan, while another 7 percent used the VA loan program. Forty-two percent said financing their first home was more difficult than expected and 9 percent had been rejected by a lender.
Fifty-eight percent of all buyers are married couples, 20 percent are single women, 12 percent single men, 8 percent unmarried couples and 1 percent other.
Bishop noted that women buyers have accounted for roughly one out of five transactions since the late 1990s, and single men have been at the one in 10 level since 1981. “A modest increase in the share of single men buyers may result from the home buyer tax credit, but this is the highest share for single men in the history of the study,” he said.
Buyers searched a median of 12 weeks and viewed 12 homes. Fourteen percent of buyers own two or more homes.
The typical repeat buyer was 49 years old, earned $87,000, and purchased a 2,000 square foot home costing $215,000.
The median downpayment of all home buyers was 8 percent, ranging from 4 percent for first-time buyers to 14 percent for repeat buyers.
The median age of home sellers was 49 and their income was $90,000. Sellers moved a median distance of 18 miles and their home was on the market for 8 weeks, down from 10 weeks in the 2009 survey. Half traded up in size, 28 percent bought a comparably sized home and 21 percent traded down.
Sixty-four percent of sellers chose their agent based on a referral or had used the same agent in the past. Reputation was the most important factor in choosing an agent, cited by 35 percent of respondents, followed by trustworthiness at 23 percent. Eighty-four percent of sellers are likely to use the same agent again or recommend to others.
Forty-four percent of sellers offered incentives to attract buyers, such as home warranties or assistance with closing costs. The typical home sold for 96 percent of the listing price, compared with 95 percent in the 2009 profile.
Home buyers thought the most important services agents offer are helping find the right house, and negotiating sales terms and price. Buyers also most commonly choose an agent based on a referral from a friend, neighbor or relative, with trustworthiness and reputation being the most important factors.
Buyers use a wide variety of resources in searching for a home: 89 percent surf the Internet, 88 percent use real estate agents, 57 percent yard signs, 45 percent attend open houses and 36 percent look at print or newspaper ads. Although buyers also use other resources, they generally start the search process online and then contact an agent.
When asked where they first learned about the home purchased, 38 percent of buyers said the Internet; 37 percent of buyers from a real estate agent; 11 percent a yard sign or open house; 6 percent from a friend, neighbor or relative; 4 percent home builders; 2 percent a print or newspaper ad; 2 percent directly from the seller; and less than 1 percent from a home book or magazine.
Eighty-five percent of home buyers who used the Internet to search for a home purchased through a real estate agent, while 70 percent of non-Internet users were more likely to purchase directly from a builder or from an owner they already knew in a private transaction.
Local metropolitan multiple listing service websites were the most popular Internet resource, used by 59 percent of buyers; followed by Realtor.com, 45 percent; real estate company sites, 43 percent; real estate agent websites, 42 percent; other websites with real estate listings, 41 percent; and for-sale-by-owner sites, 15 percent; other categories were smaller.
Seventy-seven percent of all buyers purchased a detached single-family home, 9 percent a condo, 8 percent a townhouse or rowhouse, and 6 percent some other kind of housing.
Commuting costs continue to factor strongly in buyer decisions, with three-quarters of buyers saying transportation costs were important.
Environmentally friendly features remain a significant factor: 88 percent of buyers said that heating and cooling costs were important, 71 percent desired energy efficient appliances, and 69 percent wanted energy efficient lighting.
Fifty-two percent of all homes purchased were in a suburb or subdivision, 18 percent were in an urban area, 17 percent in a small town, 11 percent in a rural area and 1 percent in a resort or recreation area. The median distance from the previous residence was 12 miles.
Not surprisingly, for-sale-by-owner transactions reached a record low, accounting for 9 percent of sales in the 2010 study, down from 11 percent in 2009. The share of homes sold without professional representation has trended down since reaching a cyclical peak of 18 percent in 1997. “In a market as challenging as today, it’s clear most home sellers need professional assistance,” Bishop said.
As seen in previous studies, many FSBO properties were not placed on the open market. Factoring out private sales between parties who knew each other in advance such as family or acquaintances, the actual number of homes sold on the open market without professional assistance was a record low 5 percent – the rest were unrepresented sellers in private transactions. The market share of open-market FSBOs is half of what it was six years ago – 10 percent were sold on the open market in 2004.
The median home price for sellers who used an agent was $199,300 vs. $140,000 for a home sold directly by an owner, but there were important differences. The median income of unassisted sellers was $64,000, in contrast with $93,200 for agent-assisted sellers. Unassisted sellers were much more likely to be selling a somewhat smaller home, and they were more likely to be in a rural area. Combined, these factors suggest a lower value for FSBO properties.
The most difficult tasks reported by unrepresented sellers are getting the right price, preparing and fixing the home for sale, understanding and performing paperwork, and selling within the planned length of time.
NAR mailed an eight-page questionnaire in July 2010 to a national sample of 111,004 home buyers and sellers who purchased their homes between July 2009 and June 2010, according to county records. It generated 8,449 usable responses; the adjusted response rate was 7.9 percent. All information is characteristic of the 12-month period ending in June 2010 with the exception of income data, which are for 2009. Because of rounding and omissions for space, percentage distributions for some findings may not add up to 100 percent.
The 2010 National Association of REALTORS® Profile of Home Buyers and Sellers can be ordered by calling 800-874-6500, or online at www.realtor.org/prodser.nsf/Research. The study is free for NAR members though the end of 2010 but costs $125 for non-members.
Wednesday, November 3, 2010
Got Debt? Arkansas AG Offers List of Easy Solutions
If it sounds too good to be true and quite often it is: debt relief, debt settlement, and debt negotiation company ads claim that the companies they represent can reduce or eliminate your unsecured debt. On October 27, 2010, new amendments to the Federal Trade Commission's Telemarketing Sales Rule went into effect. These amendments prohibit for-profit debt relief companies from charging advance fees before completing the services they claim to provide. Today, Attorney General Dustin McDaniel released this consumer alert, providing updated information for Arkansas consumers on the FTC’s new rules.
The FTC found that a large percentage of customers who enrolled in such plans failed to obtain results represented by the company. “The most important element of the new rule is a prohibition on the charging of any fee before the promised services are delivered,” McDaniel added.
The amended rule covers telemarketers of for-profit debt relief services, including credit counseling, debt settlement, and debt negotiation services. The rule does not cover nonprofit firms, but does cover companies that falsely claim nonprofit status. The rule applies to both outbound calls, as well as inbounds calls made by consumers as a result of advertising.
To learn more about the new FTC rules, visit http://www.ftc.gov/opa/2010/10/debtrelief.shtm.
If you are burdened by debt, here are some tips to remember:
• Talk to your creditors directly. Often times they will lower your interest rate upon request and some may be willing to work out a modified payment plan.
• Talk to a legitimate non-profit credit counseling service. These organizations will work with you to come up with a monthly payment plan to satisfy all of your unsecured creditors. Counseling organizations may require a relatively small fee for this service. Beware of any service that charges a substantial fee up front.
• Talk to an attorney. An attorney can also advise you as to your financial options, especially if you are considering filing bankruptcy.
If you are unsuccessful in managing your debt, bankruptcy may be the appropriate option. However, you should be aware that bankruptcy information stays on your credit report for years, and can negatively impact your ability to complete basic but essential financial transactions like getting a new car or home. It can also impact your career, as many employers review credit reports before hiring candidates. For more information about bankruptcy, visit http://www.uscourts.gov/bankruptcycourts.html.
If you have questions about or are unsatisfied with a debt relief service, contact the Public Protection Department of the Attorney General's Office at 501-682-2341 or toll-free statewide at 1-800-482-8982.
Monday, November 1, 2010
House to House: Today’s Home Buyers Experience Significant Benefits, Savings
Buying a home can be a life-changing decision and one that many people take seriously, especially in this market. Part of becoming a responsible homeowner is weighing every aspect of the decision before buying, including lifestyle preferences, job and financial situation and affordability. Fortunately for anyone who’s considering buying a home right now, current housing affordability conditions can benefit today’s buyers for years to come.
According to economists at the National Association of Realtors®, NAR’s housing affordability index could potentially reach an all-time high of near 200 in the second half of this year. That means that a household making the median income today would have twice the income necessary to buy a median-priced home in the U.S. Historically, over the past 40 years the average affordability index was 118.
The Arkansas Realtors® Association says housing affordability has increased recently due to rock bottom mortgage rates – the lowest on record. Rates for a 30-year fixed-rate mortgage are hovering around 4.4 percent. The average wage rate has made modest gains- as well. Despite the high unemployment rate, the average wage rate rose three percent in 2009 and is up 1.2 percent this year-to-date.
“For people who are ready to buy, today’s housing affordability is really helping them invest in their future through homeownership,” said Andy Meyers of Meyers Realty in Hot Springs and President-elect of the Arkansas Realtors® Association. “On a nationwide basis, the affordability conditions have risen to compelling levels. In Arkansas, as in the rest of the country, it truly is a buyer’s market. Prices are low and there are plenty of fantastic homes from which to choose.”
Today’s affordability conditions are saving buyers thousands of dollars a year. Consider a buyer who purchased a median-priced home five years ago with an FHA mortgage. With the required 3 percent down payment for an FHA mortgage, their monthly payment would have been $1,650. Today, with the current interest rate and median prices, that buyer would pay a monthly mortgage of $1,150. That equals a $500 savings per month or a $6,000 savings per year.
“The savings today’s buyers are receiving are not a one-time benefit,” said Meyers. “Buyers with fixed-rate mortgages will save money every year they are living in their home. This is truly an example of how homeownership builds wealth over the long term.”
In addition to favorable affordability conditions, there have been 763,000 private sector job creations from the beginning of the year to August. NAR says affordability and job creation are a move in the right direction for the housing market.
“Of course, jobs must return to the market for many Americans to even consider homeownership,” said Meyers. “But buyers who have reviewed their finances and believe they are in a secure position to become homeowners have an opportunity to take advantage of affordability conditions in today’s market and enjoy the social and financial benefits of homeownership for years to come.”
Want to learn more about the benefits of home ownership? Ask your local Realtor® or visit www.ArkansasRealtors.com for a list of 10 Reasons You Should Buy A Home Now.
♦♦♦
House to House is written by Amy Glover Bryant and distributed weekly by the Arkansas Realtors® Association.
According to economists at the National Association of Realtors®, NAR’s housing affordability index could potentially reach an all-time high of near 200 in the second half of this year. That means that a household making the median income today would have twice the income necessary to buy a median-priced home in the U.S. Historically, over the past 40 years the average affordability index was 118.
The Arkansas Realtors® Association says housing affordability has increased recently due to rock bottom mortgage rates – the lowest on record. Rates for a 30-year fixed-rate mortgage are hovering around 4.4 percent. The average wage rate has made modest gains- as well. Despite the high unemployment rate, the average wage rate rose three percent in 2009 and is up 1.2 percent this year-to-date.
“For people who are ready to buy, today’s housing affordability is really helping them invest in their future through homeownership,” said Andy Meyers of Meyers Realty in Hot Springs and President-elect of the Arkansas Realtors® Association. “On a nationwide basis, the affordability conditions have risen to compelling levels. In Arkansas, as in the rest of the country, it truly is a buyer’s market. Prices are low and there are plenty of fantastic homes from which to choose.”
Today’s affordability conditions are saving buyers thousands of dollars a year. Consider a buyer who purchased a median-priced home five years ago with an FHA mortgage. With the required 3 percent down payment for an FHA mortgage, their monthly payment would have been $1,650. Today, with the current interest rate and median prices, that buyer would pay a monthly mortgage of $1,150. That equals a $500 savings per month or a $6,000 savings per year.
“The savings today’s buyers are receiving are not a one-time benefit,” said Meyers. “Buyers with fixed-rate mortgages will save money every year they are living in their home. This is truly an example of how homeownership builds wealth over the long term.”
In addition to favorable affordability conditions, there have been 763,000 private sector job creations from the beginning of the year to August. NAR says affordability and job creation are a move in the right direction for the housing market.
“Of course, jobs must return to the market for many Americans to even consider homeownership,” said Meyers. “But buyers who have reviewed their finances and believe they are in a secure position to become homeowners have an opportunity to take advantage of affordability conditions in today’s market and enjoy the social and financial benefits of homeownership for years to come.”
Want to learn more about the benefits of home ownership? Ask your local Realtor® or visit www.ArkansasRealtors.com for a list of 10 Reasons You Should Buy A Home Now.
♦♦♦
House to House is written by Amy Glover Bryant and distributed weekly by the Arkansas Realtors® Association.
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