Who Cleans for the New Owner?

Whose responsibility is it to ensure a SOLD home is found in a clean and clear manner for a new Buyer?
                                                                                                                      
As a Buyer of a new to you property, have you ever spent an extra day cleaning and scrubbing your home after all your belongings are moved out, leaving your SOLD home pristine for its new occupants, only to find you have two days of work and cost to clean your new purchase before you would ever consider moving in your belongings?

It happens – all too often.  REALTORS® try to protect their Buyer(s) by including a term in their Contract of Purchase and Sale “the seller agrees to have the home and carpets professionally cleaned prior to completion and will provide receipt of work done.  All personal belongings and garbage, inside and out are to be removed.”  

The seller may agree to the term at the time of the offer – and yet not get it done for completion. Perhaps they ran out of time, the moving truck was delayed, cancelled or they were not prepared for the amount of work to be done once their furniture was actually moved out of the way.  Perhaps they rented a steam cleaner from the grocery store and did it themselves at midnight the night before completion, leaving carpets soaking wet – delaying the Buyers ability to move in immediately when they take possession. 

It’s important to remember that everyone measures “satisfactory” levels of cleanliness differently.  It helps to have the work done by an independent professional who will have a consistent standard met.  If hiring out is not affordable, some Sellers may choose to do the work themselves. The Seller’s REALTOR® needs to provide them with the reasonable expectations of the industry – and not allow them to pass their own judgement on what is acceptable or not.

There is an expectation in our market area that the appliances will be cleaned, carpets vacuumed, floors washed, bathrooms and light fixtures cleaned (hopefully NOT stripped of all the light bulbs), windows clean, garbage gone (This is a big one). Most Buyers will still want to do a thorough vacuum ,wipe down of fixtures, switches, and cabinet interiors, to ensure they are not moving in with someone else’s germs, but they should not have to start from scratch.

Can REALTORS® do anything else other than inserting the ‘cleaning’ clause in the contract to ensure their buyers don’t walk into disaster?   YES!  REALTORS® need to educate their Sellers to the industry expectation.  Help the seller to realize how they will feel if they walk into a mess in their new purchase.  A listing REALTOR® should visit their sellers at the property regularly (not just phone them) throughout the two weeks prior to completion.  Most REALTORS® can recommend support services like Junk Removal companies, movers and cleaners. Some Sellers move out days or weeks prior to completion so a yard maintenance company may be necessary to keep the yard in proper condition prior to completion.  


The Buyer’s REALTOR® can certainly drive by the property periodically to see if there are signs of activity towards a move happening.  Check with the listing REALTOR® to express concern if garbage or items on the property don’t seem to be diminishing as completion day approaches.  Request a walk though the property with the Listing REALTOR®  a few days prior to completion.  A good REALTOR® knows their job is not done when the subjects come off.  The period of time between subject removal and completion is critical for both sides.

It’s sad how quickly all the hard work a Buyer’s Agent has done can be forgotten when their Buyer walks into a mess.  

Some of the circumstance we have had to deal with:  

• Senior seller, not moved, not packed, and no plan for where she would go.  Our buyers had the anxiety of not only having to find temporary accommodations but were left with the feeling of putting a sweet old lady out on the street.  What an awful way to start a life in your new home.
• Buyers bought a property where they fell in love with the yard. Sellers moved 6 weeks early in the heat of the summer.  What do you think the yard looked like with no care or water by the end of July?
• Garbage left piled in the garage – rodents decided it was a great place to settle in. 
• Seller moved and packed and gone but left unwanted furniture, broken appliances and other debris that mounted up to three “Got Junk” truck loads at $200 a load plus cleaning.
• The contract included all the new stainless steel appliances.  The buyers moved in to find second hand mismatched units.
• A winter close turned disaster as the seller moved out a month prior and turned off utilities (heat included) – Frozen pipes and water damage resulted.

REALTORS® can’t control what their sellers do but they can take an active part in walking them through the process...the expectations...get family members or outside services involved early if there appears to be issues of ability and relocation.

A Buyer’s REALTOR® can’t affect the seller’s actions but they can stay in communication with their colleague.  If there are any circumstances that they can anticipate ahead of time that will need special attention, the Buyer can be made aware and not blindsided on move-in day.  The Buyer’s REALTOR® can be ready with information on support services and try to negotiate costs with the Seller through the Seller’s REALTOR®.

In my opinion – a REALTOR® who responds to difficult possession issues with “Let the lawyers fight it out” is not doing their job.  A Buyer’s avenue of remedy when a Seller does not fulfill their obligations under the contract is small claims court – find the seller – serve them and try to collect.  As professional REALTORS®, anything you can do to avoid that path should be taken and often, paying attention, communication between REALTORS® and preparation of both Seller and Buyer is all that is needed.

There are always the Good stories too:

• Our seller’s REALTOR® and the Buyer’s REALTOR® – packing boxes and cleaning until midnight the day prior to possession to help the senior with the last of the overwhelming task she had been faced with.
• Day of possession the Buyer’s REALTOR® up on the counter, wiping out cupboards to be ready for her clients dishes – right after she ordered pizza to feed the friends that had come to help with the move in.
• Seller’s REALTOR® sent their son over to give the yard that one last cut and tidy. 
• Seller away prior to completion so they left funds for their REALTOR® to hire a cleaner.  REALTOR® stored the last of the personal belongs for her seller until she returned months later. 

Do you have some good (or bad) stories to share?  
What’s your opinion on who should be held accountable?

When the going gets "Tough"...just call me.

Susan Tough

Amendment or Addendum???

Good for you and your REALTOR® to know!

Potato

Po - tah - to

Amendment

Addendum?

Traditionally an addendum is used as an additional page to the printed contract pages of an contract of purchase and sale for any conditions, terms, inclusions, etc that need to be included as a part of the negotiated transaction.

Once a contract is accepted – any changes or additions to the terms or agreement are to be done on an amendment – it is changing/amending the already accepted offer.

The amendment is different from the addendum as it has pre-printed wording that are very important statements;  

“For good and valuable consideration…”  

and at the bottom...

“All other terms and conditions contained in the said agreement remain the same and is full force and effect.  Time shall remain of the essence.”

The key point is timing – 
Putting additional information or terms into a contract BEFORE it’s accepted is much different than making changes or additions to a contract AFTER it has been accepted.  




At contract law, reopening the contract can be dangerous – giving either party an opportunity to walk away from the previously agreed transaction as changes after an acceptance can be interpreted as a renegotiation of the deal. New “consideration” is required at contract law to have a binding agreement – that consideration is usually the deposit we take but more accurately it is the agreement between the two parties.  When information is being changed or added to an accepted offer – contract law asks 
– what is the ‘consideration’ for this new agreement – thus the amendment form addresses that with “For good and valuable consideration”.   You should add, “The Buyer and Seller agree” , then enter your changes “from…. To ….” Or add any additional information the parties wish to have included.

ALSO – it’s imperative that there is no ambiguity to the changes where parties may interpret those changes to be replacing something already agreed to – thus  “all other terms and conditions remain the same” – is important. 
Lastly, “time is of the essence” is an important statement at contract law – meaning that if parties do not meet the time boundaries placed on them, the contract can be null and void.  Once again, when changes are made to an accepted offer, restating that ‘time remains of the essence” supports the enforceability of the contract should it ever be challenged and places the same fundamental contract requirements on the parties for these additional agreements on the amendment. 

My way to remember is:

• Addendum (ADD) is adding pages for more room to write in the contract.  
• Amendment (to Amend) is changing an already agreed contract.

You can most certainly use an addendum rather than an amendment form after acceptance but your REALTOR®  MUST remember to include the pre-printed statements in order to ensure the enforceability and integrity of the contract for all parties in the contract.  

This certainly shows you  how important it is to have a well educated and prepared REALTOR® on your side when buying or selling a home.  

When the going gets "Tough"...just call me.

Susan Tough

We Believe

The grass is not always greener on the other side – it’s just a different shade of green – with different characteristics, strengths and weaknesses. When you are looking for representation –it’s the details that will take you down the path.

A trusted real estate agent provides experienced counsel, guidance and unparalleled local expertise. Although they don’t have a law degree – their detailed knowledge of contracts can provide you with protection as you move forward in a real estate transaction. 

For first-time home buyers, the first step can be one of the most intimidating.  For the seasoned buyer or seller – you may think you know it all. Things change – all the time – a REALTOR® is required to take Continued Education Courses and is provided with counsel from their industry, lawyers and most importantly, their Broker.

The professionals at Coldwell Banker Horizon Realty have provided the following tips to identifying the right real estate professional: 

Ask around: 

 Friends and family can be the first source of helpful information.  Referrals are the leading source of finding an agent.  If you’re new to the area or don’t have references, you should feel free to contact the manager of the local Coldwell Banker® office - that’s me.  Once you explain your situation and needs, I will be able to suggest a few names of Agents that would meet the qualities you feel you could relate to.

Questions for potential candidates:
As you meet potential agents, you should feel empowered to determine if the agent’s personality and skills are a good match.  Some of the key questions that might help you make a decision include:

• What is your experience in Kelowna or West Kelowna?
• What is the average price point of homes that you help people buy and sell?
• Could I speak with some of your past or current clients for a reference?
• Tell me about the brokerage firm you work with.  How long has it been around?
• What tools do you employ to help get the job done?

Examine their on-line presence:  

Many real estate professionals are especially savvy when it comes to marketing themselves (or their listings) on-line.  They list their areas of speciality.   If the person is highly-visible and socially active on-line, it is also a good indicator that he or she is connected to the right tools and technology that come in handy for home buyers or sellers. Don’t be afraid to inquire about their experience using video when it comes to real estate.  Cutting edge agents can point you toward video tours, community videos and more to give you a real life sense of the areas you are considering.  Those same tools that might help the Buyer buy – will help the Seller sell – as they will attract the rights buyers to your property.  

Ultimate Service® is a program available to all Coldwell Banker Agents. It provides the consumer a true measurement of service to be provided to them, an opportunity to let us know how we did and the ability to terminate our relationship if the REALTOR® doesn't follow through with the service commitments promised.  For 17 years we have had a 98% Customer Satisfaction approval rating.  Our past clients are telling you, you've made the right decision if you choose a Coldwell Banker Agent.

Go with your gut:
After consulting with friends and family, reading some testimonials, doing research and looking on-line, your instincts are often right on.  You will have a good “gut” feeling as to whether a person will be a good fit for the house-hunting /selling process.  It’s a home – not a house – “We Believe” in family life, community living, neighbours and neighbourhoods, “We Believe your home is your castle”   Finding the right one becomes easy when you find the right REALTOR®.

Coldwell Banker 

When the going gets "Tough"...just call me.

Susan Tough

Stage this Home and Sell it...

There are many cliché’s or motivational anecdotes out there that can help us through life.

“you will miss 100% of the shots you don’t take”

"There are two ways of meeting difficulties: you alter the difficulty or you alter yourself to meet them."

"Focus on the critical few, not the insignificant many…. Even the most powerful waves begin as a single drop."

"Some succeed because they are destined to, but most succeed because they are determined to".  

"A positive attitude is a powerful force…. It can’t be stopped."  

"One of the secrets of life is to make stepping stones out of stumbling 
blocks."  

"If you do not believe – you won’t achieve"

One in particular stands out for me because it can be applied to all facets of life – your friends, your business, your job, your yard and your Home.

“You only have One chance to Make a good first impression” 

Think about it as you move through your day working on accomplishing specific tasks, meeting new people, how you are served in a new restaurant you might try or by a service provider – your drycleaner – the appliance repair man.  Whether or not you have a memorable experience you may or may not return.  What about that impression your home made on a Buyer contemplating a move to your area or price range.

Home Stager’s have become a very important and useful service connection for the Real Estate industry and home owners – in all price ranges.  I’e invited one of our favourite “stagers” to share her valuable advice in my Blog today.

Guest Blogger - Kym Tarr with
Prep this House

Home Staging –Get Your Home Sale Ready!

The stresses caused by the showing and selling your home, some say is right up there with a divorce or death in the family.  However things can go much more smoothly if you get your home ready ahead of time so as to impress buyers and get the top price your aiming for.
Preparing your home for sale is a bit like designing a stage for a play. Everything is in just the right place, perfectly arranged, and comfortably set.  If you're skeptical about the benefits of going to all this work or doubt that it will make any difference in selling your home, put yourself in the place of a home buyer.

Have you ever toured through a development of show homes? The paint is fresh, appliances are shiny, there is artwork arranged around the house, and fresh flowers stand on the kitchen counter. Mirrors are sparkling, towels fresh, and there are no toys on the floor. The rooms look spacious and the furniture comfortable.  The kitchens and bathrooms are polished, smelling fresh, and clutter is not to be seen.

Now leave the development of show homes and go down the street where the homes are several years old. Children's toys are stacked in the family room. Boxes are stacked in the garage to the point where you couldn't park even one car there. Clothes fill the bedroom closets. The house isn't dirty, but there are clean dishes in the kitchen sink and toothpaste stuck on the bathroom vanity. Homework is spread out on the dining room table. The family dog is barking because of the strangers in the house and the floors are showing their wear.

With all other things being equal, which house would be more appealing to you? Of course, the first one! The homes may be the same size, but because of the clear layout, the first home would  much larger. The house was prepared to show off all the good points and none of the bad.

So if you just can't see through all your things to the core of your home, consider hiring a professional to stage your home!   By bringing a Home Stager on board, you the homeowner will get unbiased feedback about what does or does not work in a home and how to highlight your homes best features.   Which in turn will likely sell the home for a higher price.

Thanks so much to Kym Tarr’s continued advice and support for our clients and our REALTORS®.

Check out our radio contest with EZ Rock:

Follow this link to enter on the EZ Rock website!

When the going gets "Tough"...just call me.

Susan Tough