Article courtesy of Scott Hoyt. Scott is someone I respect and used to work with!
Want to know what an (out of touch) agent focused company says in the wake of serious changes* in todays real estate market?
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Article courtesy of Scott Hoyt. Scott is someone I respect and used to work with!
Want to know what an (out of touch) agent focused company says in the wake of serious changes* in todays real estate market?
QUESTION: I won’t give you all the gory details, but suffice it to say there is a dispute between my buyer client and the seller about whether there is a binding contract on the property between the seller and my client. The seller thinks a contract has been created while my buyer does not. I am holding the buyer’s check for the Due Diligence Fee and was prepared to deliver it to the listing agent when the dispute arose. Now the buyer is demanding that I return the DDF check to her. What am I supposed to do? I know that if there’s a binding contract, the buyer owes the DDF to the seller. Do I hold the DDF in case there is a contract, or do I follow my buyer’s instructions and deliver the check back to her since there’s a dispute about whether a contract has been formed?
ANSWER: Whether or not there is a binding contract, an agent who is holding a Due Diligence Fee check is required by Real Estate Commission Rule 58A.0116 to return it to the buyer upon the buyer’s request. The Rule may be accessed by clicking here. Subsection (b)(4) provides that a broker may accept custody of a check or other negotiable instrument made payable to the seller for a due diligence fee, but only for the purpose of delivering the instrument to the seller. However, the next sentence of the Rule provides that “[w]hile the instrument is in the custody of the broker, the broker shall, according to the instructions of the buyer, either deliver it to the [seller] or return it to the buyer.” Since the buyer has instructed you to deliver the DDF check back to her, that’s what you must do to be in compliance with the Rule.
It should be noted that this Rule also requires a listing agent to return a Due Diligence Fee check to the buyer upon the buyer’s demand if the check is in the listing agent’s possession at the time of the demand. For that reason, any DDF check received by a listing agent should be delivered to the seller without delay.
If a binding contract has been formed between the seller and your client, you are correct that the buyer would owe the DDF. If the buyer doesn’t pay it, the seller likely would have the right to go after the buyer for the DDF and any Earnest Money Deposit that may have been payable, and may be entitled to recover attorneys’ fees to boot. See paragraphs 1(d) and 23 of form 2-T. However, the fact that a seller may be entitled to payment of the DDF according to the contract doesn’t affect the duty an agent holding the DDF check owes to the buyer per the Real Estate Commission’s Rule.
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PROPOSED. TO BE BUILT. NEW CONSTRUCTION $756,750. This fabulous lot is co-Marketed w/ Caruso Homes & can be purchased separately. Buyer may also work with Caruso Homes to build another of their well-designed, ready-to-build floor plans, or they may choose a builder of their own. Buyer may select their own options, upgrades, and/or elevations ensuring that every detail is crafted to perfection. Buyer may choose any of Caruso’s models that will fit on the lot. Photos and tours may display optional features and upgrades that are not included in the price. Pictures are of proposed models and do not reflect the final appearance of the house and yard settings. All prices are subject to change without notice. Final pricing, square footage, features, options and lot estimates will vary per buyer selections. Contact Sheryl Love at (240) 927-2951 or slove@carusohomes.com for more info about building w/ Caruso Homes. see sign on Wingate hill rd. Turn down road at sign and lot is on the right. Caruso Homes: Caruso Homes | New Homes in Maryland, North Carolina, Pennsylvania, and Delaware |
Weekly market activity data and reports are provided by ShowingTime, and updated on Mondays by 2:00 pm, once received. Exceptions are on Monday holidays, when data/reports are not available until the following day.
Housing supply continues to grow nationwide, as higher borrowing costs cause home sales to slow. According to Realtor.com’s Monthly Housing Market Trends Report, the national inventory of active listings increased 33.5% year-over-year in October, the highest inventory level since 2020. As a result, local buyers may find they have more options to choose from, and with homes spending more days on market compared to the same period last year, a bit more time to shop around as well.
Charlotte Region
In the Charlotte region, for the week ending November 19:
For the month of October:
Americans’ opinion on the value of real estate as an investment is climbing. That’s according to an annual survey from Gallup. Not only is real estate viewed as the best investment for the ninth year in a row, but more Americans selected it than ever before.
The graph below shows the results of the survey since Gallup began asking the question in 2011. As the trend lines indicate, real estate has been gaining ground as the clear favorite for almost a decade now:
If you’re thinking about purchasing a home, let this poll reassure you. Even when inflation is high like today, Americans recognize owning a home is a powerful financial decision.
Because inflation reached its highest level in 40 years recently, it’s more important than ever to understand the financial benefits of homeownership. Rising inflation means prices are increasing across the board, and that includes goods, services, housing costs, and more. When you purchase your home, you lock in your monthly housing payments, effectively shielding yourself from increases on one of your biggest budgetary items each month.
If you’re a renter, you don’t have that same benefit, and you aren’t protected from these increases, especially as rents rise. As Danielle Hale, Chief Economist at realtor.com, notes:
“Rising rents, which continue to climb at double-digit pace . . . and the prospect of locking in a monthly housing cost in a market with widespread inflation are motivating today’s first-time homebuyers.”
Your house is also an asset that typically increases in value over time, even during inflation. That‘s because as prices rise, the value of your home does too. Mark Cussen, Financial Writer for Investopedia, puts it like this:
“There are many advantages to investing in real estate. . . . It often acts as a good inflation hedge since there will always be a demand for homes, regardless of the economic climate, and because as inflation rises, so do property values. . . .”
And since rising home values help increase your equity, and by extension your net worth, homeownership is historically a good hedge against inflation.
Buying a home is a powerful decision. It’s no wonder why so many people view it as the best long-term investment, even when inflation is high. When you buy, you help shield yourself from increases in your housing costs and you own an asset that typically gains value with time. If you want to better understand how buying a home could be a great investment for you, let’s connect today.
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