Basic Components of The Listing Agreement

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Nesbitt Realty sells homes in Northern VA
The listing agreement is a contract between a property owner and a real estate professional. The listing agreement outlines the limits that the real estate agent has when you sell your property. All listing agreements will have the following components: Writing-For real estate contracts to be enforceable they must be in writing. Employment-The listing agreement is an agreement with the broker employing the agent or property owner. Compensation-The listing agreement will show amount paid to broker which is usually a percentage of the sales. Title-Some properties have more than one owner. In this case all owners have to agree to the listing agreement. Term-Because the broker acts on the seller's behalf the listing agreement should have a term. It usually is 180 days but not less than 60 days. Fine Print-Always read the fine print. If you do not understand something your agent or broker can explain.
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    Julie Nesbitt
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3 Reasons to Sell a Home Soon

  1. The market is improving. Most markets have either turned or are close to turning.
  2. All real estate is local. Homes in great locations are always in demand.
  3. Spring is coming soon. Many potential buyers are starting their online searches right after the holidays, making mid- to late February a great time to start marketing.
 
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Northern VA real estate agents
Nesbitt Realty sells real estate, fine homes & condominiums in Northern Virginia
 

The Listing Agreement

The first step to selling your home or condo

handshake The listing agreement is an agreement or "contract" between a property owner and a licensed real estate professional. The listing agreement authorizes an agent to act on the behalf of the property owner for the purpose of selling the subject property. In other words, the listing agreement describes the powers and limits of your real estate agent when your sell your home. Listing agreements can be negotiated to include any number of terms specific to your relationship and property, but all valid listing agreements will always include the following elements:

Writing

In the Commonwealth of Virginia verbal real estate contracts are valid but not enforceable. What does that mean? Well in short-hand it means that all real estate contracts must be in writing.

Employment

The listing agreement is actually an employment contract for personal services offered by the broker to a property seller. This contract describes the terms and conditions of employing the broker. Often the broker will assign an agent to a specific property, but the listing contract is not between the agent and the seller. The listing agreement is an agreement with the broker employing the agent and the property owner. The listing agreement grants the broker and his agent the power to represent you in marketing and selling your home.
entry
Entry

Compensation

For any contract to be valid, there has to be compensation. A listing agreement is no different. The listing agreement specifies the amount paid to the broker and establishes the timing of the payment to the broker. Most listing agreements charge a percentage of the sales price and this amount is paid at closing when the home sells. In addition, the listing agreement will also describe instances where the seller might have to pay the broker even though the property has not sold. A rare example of this can happen when a broker finds a qualified buyer who is ready and willing to pay the asking price with the terms the seller wants, but the seller refuses to go through with the sale.

Title

The listing agreement requires the seller to make representations with regard to who owns title to the property. Obviously, only the owner of a property can sell a property, but the portion of the agreement also ensures against the possibility that there are additional owners of the property. All owners of the property must agree to the listing agreement.

Term

The seller authorizes the broker to act on his behalf for only for a specified period of time, or "term". The term is often 180 days and is only rarely less than 60 days. A listing agreement is a legally binding contract, so the property owner should never agree to a listing that doesn't specify a termination date. In the event that the listing terminates before the property sells, it is a simple matter to sign a new listing agreement with a new termination date.
View of the Colecroft townhouse condos
Colecroft is at the Braddock Rd. Metro Station

Fine Print

There are of course other components to the listing agreement. Most of these are time-tested boiler-plate phrasings that are designed to reduce or eliminate the chance for confusion and prevent litigation. But the listing agreement is a legal document, so property sellers should read and understand the terms before signing. Your agent or broker can help explain the agreement to you, but if you require legal counsel consult an attorney. Lawyers, not real estate professionals, provide legal assistance.
Will Nesbitt is the principal broker of Condo Alexandria.
Will Nesbitt is the principal broker of Condo Alexandria.
Will Nesbitt is the principal broker of Condo Alexandria / Nesbitt Realty.  

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For more information or to set up an appointment call Nesbitt Realty at (703)765-0300.

Tips for Home Sellers

When it's time to sell your house, townhouse or condo here are a few simple tips for realtors and home sellers alike.

Turn on your heart light.

Turn on the excitement by turning on all your lights - both inside and outside. Whether you are showing your home in the evening or in the day, lights add color and warmth. Prospective owners feel welcome in spaces that are bright and airy.home buyers dreaming of a home

Don't crowd your buyers.

Potential buyers often feel like intruders when they enter your home. Rather than giving  your house the attention it deserves, prospects are likely to hurry through. When the  homeowners are present people often feel uncomfortable looking in closets and laundry rooms an other private areas. Additionally, rooms filled with people give the impression that the space is small.

I love pets ... but not your pet.

Dogs and cats are great companions, but not when you're showing your home. Pets have a talent for getting underfoot. Some prospects are allergic to some animals. Sadly, many people love their pets, but they don't like your pet. It's in your best interest to keep the animals outside or out of the way of potential buyers.

Don't create distractions

Rock-and-roll will never die. But it might kill a real estate transaction. Most of us love music, but not all of us love your music. When it's time to show your home, it's time to turn down the music. Turn off your TV because the last thing you want is for one of your buyers to watch the game while his wife falls in love with your house.

Give a wide berth.

A smiling seller is a welcome site, but a pesky seller will chase a home buyer away. It's important to be friendly but avoid being conversational. Anything you say could be construed to imply a warranty or could cost you thousands in negotiations.

Put things in perspective.

Some buyers will point out shortcomings or flaws in the property. It's best not to respond orally to these challenges. Utterances like these are seldom personal in this context. So, never take offense. Understand that these statements might be an indication of the buyer's ignorance, but sometimes the buyer attempting to frame negotiations with these statements. To engage the comment is to agree with the premise of the utterance. For more information or to set up an appointment call Julie at (703)765-0300.  

Have your condo docs in order.

I have a tip for condo sellers out there. As most of you may know, in the Commonwealth of Virginia (and in other states) the buyer must be allowed an opportunity to review the condo docs.  From the time the condo docs are delivered, the buyer has 3 days to cancel the contract without cause, other than to say the condo docs contained information which caused the cancellation. The buyer doesn't have to explain why or what the problem was.Continue reading

Home Owners Showing More Willingness to Sell?

The number of listings on the market increased 2.36 percent in March from the previous month — possibly an indication that sellers are becoming more willing to put their homes on the market as asking prices increase, according to housing data from realtor.com. While the data shows a month-to-month inventory increase, inventories are still down 15.22 percent compared to last year. The median age of the inventory continues to drop year-over-year by 12.35 percent, the amount of time homes are sitting on the market has fallen by 20 days since February, according to realtor.com. The median age of inventory of for-sale listings was 78 days in March. “The next three months will be significant in determining the impact of the recovering housing market,” says Steve Berkowitz, chief executive officer of Move Inc. Median list prices have increased year-over-year in a greater number of the 146 markets realtor.com tracks. California continues to show the greatest increases, as well as the largest drops in inventories as well. Denver, Detroit, and Seattle are also showing some of the biggest improvements in its housing markets too, according to realtor.com. Source: “Sellers Becoming Confident in the Housing Market, Providing an Optimistic Outlook for the Housing Recovery,” RISMedia (April 10, 2013)
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Sellers Who Delay May Miss Out

Some would-be move-up home sellers are eying home prices carefully. They’re waiting to see how much home prices appreciate more before they consider selling their home. But they may be missing their perfect opportunity, some housing experts say. The best time to move may depend on when the home owner purchased their current residence, says Daren Blomquist, vice president of RealtyTrac. Blomquist says that home owners who purchased their home during the sluggish market the last two to three years may find moving up in 2013 may be their prime opportunity. "Because they bought near the bottom, these home owners should have built up some good equity that can go toward the purchase of a new home, and waiting longer to build more equity likely won’t provide much advantage given that other homes that they might want to move up to will also be appreciating at roughly the same pace," Blomquist told HousingWire. Home owners who wait much longer to sell their home may miss out. "If you're selling one house just to move up to another, it does you no good to wait for prices to rise — the price of the move-up home will increase faster than the price of the place you're leaving behind," says Redfin CEO Glenn Kelman. Plus, mortgage rates are expected to come off the 3.5 percent range and reach 4.4 percent in the next year, according to the Mortgage Bankers Association. That will increase the costs of financing your next home. Source: “The Time to Sell Is a Waiting Game for Some,” HousingWire (March 21, 2013)
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Existing-Home Sales and Prices Continue to Rise

February existing-home sales and prices affirm a healthy recovery is underway in the housing sector, according to the National Association of REALTORS®. Sales have been above year-ago levels for 20 consecutive months, while prices show 12 consecutive months of year-over-year price increases. Total existing-home sales, which are completed transactions that include single-family homes, townhomes, condominiums and co-ops, increased 0.8 percent to a seasonally adjusted annual rate of 4.98 million in February from an upwardly revised 4.94 million in January, and are 10.2 percent above the 4.52 million-unit level seen in February 2012. February sales were at the highest level since the tax credit period of November 2009.

Economic Recovery

Lawrence Yun, NAR chief economist, said conditions for continued housing improvement are at play. “Job growth in the improving economy and pent-up demand are causing both home sales and rental leasing to rise. Though home prices are rising much faster than rents, historically low mortgage rates are still making home purchases affordable,” he said. “The only headwinds are limited housing inventory, which varies greatly around the country, and credit conditions that remain too restrictive.” Total housing inventory at the end of February rose 9.6 percent to 1.94 million existing homes available for sale, which represents a 4.7-month supply at the current sales pace, up from 4.3 months in January, which was the lowest supply since May 2005.Listed inventory is 19.2 percent below a year ago when there was a 6.4-month supply. The national median existing-home price for all housing types was $173,600 in February, up 11.6 percent from February 2012. The last time there were 12consecutive months of year-over-year price increases was from June 2005 to May 2006. The February gain is the strongest since November 2005 when it was 12.9 percent above a year earlier. “A strong rise in home values is contributing to housing wealth recovery, which has risen by $1.4 trillion in the past year and looks to top that increase this year,” Yun said. “The extra consumer spending arising from growth in housing wealth is expected to be $70 billion to $110 billion this year.” Distressed homes — foreclosures and short sales — accounted for 25 percent of February sales, up from 23 percent in January but down from 34 percent in February 2012. Fifteen percent of February sales were foreclosures, and 10 percent were short sales. Foreclosures sold for an average discount of 18 percent below market value in February, while short sales were discounted 15 percent. According to Freddie Mac, the national average commitment rate for a 30-year, conventional, fixed-rate mortgage rose to 3.53 percent in February from 3.41 percent in January; it was 3.89 percent in February 2012. NAR President Gary Thomas said interest rates remain extraordinarily low. “In the history of mortgage interest rates since 1971, the 30-year fixed rate has been below 4 percent in only 15 months, and those have all been in the past 15 months,” he said. “Even with rising home prices, affordability remains historically favorable because home prices over-corrected during the downturn. This means there is still great value for buyers in the current market.”
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Seller’s Market Emerges This Spring: Are You Ready?

The inventory of homes for sale has reached its lowest level since 1999, which is helping home prices to rise in many markets, says Lawrence Yun, the National Association of REALTORS®’ chief economist. “Buyer traffic is continuing to pick up, while seller traffic is holding steady," Yun says. "In fact, buyer traffic is 40 percent above a year ago, so there is plenty of demand but insufficient inventory to improve sales more strongly. We've transitioned into a seller's market in much of the country.” The National Association of REALTORS® is projecting a seasonal rise of inventory this spring, “but it may be insufficient to avoid more frequent incidences of multiple bidding and faster-than-normal price growth,” Yun says. While the housing recovery is taking hold, more buyers and sellers are realizing they are in a better place this year than last year. Super low mortgage rates are keeping home prices affordable, despite recent price gains. However, some housing experts are concerned that several factors could still threaten housing’s recovery this spring--mainly the economy and threats over a new recession that may be looming. Also, unemployment remains high, which can cause home owners to fall into foreclosure and could increase foreclosure rates, which can bring overall home prices down. Source: “Will housing market's revival last?” Sarasota Herald-Tribune (March 9, 2013)
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    Julie Nesbitt
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    Read More

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  • REDUCED: 7202 Churchill Rd, McLean

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