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Smartmoney.com: Consumer Action: Ten Things Your Real Estate Broker Won't Tell You Thursday December 29, 2005 3:23 PM ET U.S. Markets close in: :37 Search (choose an option below) Quote Charting Earnings Ratings Competition Financials Profile Key Statistics Insiders Site Search News (Enter Symbol) advanced search SmartMoney Select My Portfolio Tools Maps Stocks Advanced Trading Funds ETFs Personal Finance Autos Career Journal College Planning Debt Management Health Care Insurance Life LTC Insurance Real Estate Retirement Tax Guide Economy & Bonds Small Business SmartMoney TV SmartMoney Magazine SmartMoney University Business Travel Technology SmartMoney Mobile Holiday Survival Guide Select Homepage Stock Screener Market Map 1000 Fund Screener Stock Compare Fund Map 1000 Fund Compare XStream Quotes More... 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Editor's Picks Features Ten Things Real-Life Index Advertisement 4.25% APY with hsbcdirect.com Online Savings. Earn 8X the national savings average and make money into big money. No minimums. No monthly fees. Member FDIC. Email This Story Print This Story Save This Story Send Us Your Comments Add this column to your News Alerts (New!) 1. "Your open house is really a party for me." Hire a real estate broker to sell your home and one of the first things he'll likely suggest is hosting an open house, so potential buyers can casually check out your property on a weekend afternoon. While open houses are promoted as a great way of finding a buyer, a National Association of Realtors study found that their success rate is a mere 2%. No matter. Having an open house serves another important purpose — for the broker. "It gives him a database of clients," says Sean McNeill, an independent real estate broker based in New York City who says that he doesn't like open houses, preferring to match clients with appropriate buyers. "At open houses, you get all kinds of people walking in. Some are [trying] to see how much they should sell their own places for; others just want to get a look at what's out there." All are perfect pickings for a broker looking to increase his roster of buyers and sellers. "Think about it," McNeill says. "The broker is devoting a couple hours of a weekend. He won't do that unless it helps him in a big way." 2. "My fees are negotiable." Brokers like to make it sound as if their fees are engraved in stone, but that's rarely the case — especially in a brisk market, when brokers fiercely compete for properties they can unload fast. This past summer one broker in the Midwest says he lowered his fee by a full percentage point because there was so much demand for good properties that he needed leverage. Indeed, says the broker, who asked not to be named, sellers should shop around for broker's fees. He suggests these negotiating tactics: "If somebody's willing to commit to me for selling one place and buying another, I give a discount. If you're in a particularly desirable neighborhood with a house that will bring a lot of traffic" — say, at an open house — "that can be used, because the broker will use the flow of people to get potential customers. And with some [smaller] brokers, all you need to do is ask and they'll lower the commission." 3. "Think you've had no offers? Actually, there've been several." Legally, the broker you hire to sell your home is obligated to tell you about all offers that come in. In reality, some don't. Perhaps he thinks the offer is insultingly low for you, but more likely, "the broker thinks it's too low for his own purposes. He wants to hold out for a bigger commission," says McNeill. Or else there's an outside broker (or "co-broker") circling your house, and the primary broker is waiting for one of his own clients to make an offer so he can keep the full 6% to himself. "You must be clear with your broker that you want to be informed of all offers," McNeill says. "Otherwise, you may be leaving him to make decisions that you should be making." Check the listing agreement drawn up when you hire the broker; if the promise to disclose all offers isn't listed explicitly, insist that it be added. 4. "I talk about you behind your back." You spot your dream house as you're driving through a neighborhood and call the broker listed on the For Sale sign. That's how a lot of buyers stumble on a broker — who, in turn, happily shows you other houses, asking about your needs, laughing at your jokes. It's easy to get loose-lipped and forget whom you're dealing with: someone else's agent. "Legally, brokers are obligated to provide their sellers with any information that can help them get the best prices for their homes," says Stephen Israel, president of Buyer's Edge, a Bethesda, Md.-based company that represents homebuyers. "If you tell the broker that you're willing to pay $500,000 but want to offer $450,000, they'll pass that on to the seller. They have to." Also, some brokerage companies encourage prospective buyers to get preapproved for loans. While that can make a buyer more attractive to a lender, it also tells a broker whether a buyer can afford a $600,000 house when he's trying to haggle on a $400,000 property. "When somebody asks for [a preapproval], find out who they're representing," says Israel, acknowledging that such details can short-circuit your negotiating leverage. "If they represent a seller — or someone in their office does — they shouldn't have it. The broker may tell you she will be impartial, but how can she be?" 5. "Sometimes I forget whose side I'm on." The past 10 years have seen the proliferation of the buyer broker, agents who are supposed to work strictly in the buyer's interest, helping him get a fair price on a home as well as avoid pitfalls along the way. Unfortunately, things don't always unfold so nicely. While buyers may think they're getting a broker who isn't commission-hungry, many buyer agents are just that: They usually get about 3%, the same amount any broker typically earns when he gets involved with another agent's listing. "Buyer brokers are sometimes too focused on closing the sale and getting that commission," says Max Gordon, an Overland Park, Kan.-based real estate broker and attorney, so it's often in their best interest to see you pay as high a price as possible. Even worse, some brokers who call themselves buyer advocates are actually working for companies that also represent sellers. "Brokerages offer bonuses to buyer agents if they sell an in-house listing," says Israel. A good way to get a broker who has no such conflicts of interest: The National Association of Exclusive Buyer Agents, whose Web site (www.naeba.com) can help you find a buyer agent near you who pledges to help you get the best deal possible and has no ties to sellers' agents; many even work on a fee structure rather than on commission. Page 1 | 2 Consumer Action Archive To license this content, click here ADVERTISEMENTS Click here to get your FREE report -- The Motley Fools´ 2 Top Picks. 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Mortgage | Home Loans | Refinance | Home Equity | REALTORS | Auto | Mortgage Refinance Home Mortgage Refinance Home Equity Auto Find a Home FREE Credit Report Knowledge Center more Site Map | About Us | Contact Us Already a Customer? Login Loans Home Refinance Home Mortgage Home Equity Auto Refinance Auto Loan Student Loans Commercial Loans Real Estate Services Find a REALTOR ® Home Price Check ® Newly Constructed Homes Homes for Sale More Services Free Credit Report Free Credit Score Free Insurance Quotes Living with Debt Report LendingTree in the News The Today Show™, USA Today®, CNBC®, and Time Magazine® are trademarks of their respective owners. These companies are not affiliated with and do not endorse LendingTree, LLC. Compare and act on up to 4 customized offers instantly! Loan Type: Property State: Home Description: Select a Loan Type Refinance Mortgage Home Equity Loan/Line Purchase Home Auto & Motorcycle Loan Refinance Auto Loan Personal Loan Credit Card Commercial Lending Student Loan Select Property State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Select Home Type Single-Family Detached Town House Condo w/ 4 or fewer stories Condo w/ 5 or more stories 2-4 Units Cooperative Modular Mobile Home (permanent) Privacy and Security PROTECTED LendingTree Advantage 93% customer satisfaction. 9 out of the top 10 financial institutions are a part of the LendingTree network . 4 Up to 4 CUSTOMIZED offers to act on instantly. Select a Loan Type Refinance Mortgage Home Equity Loan/Line Purchase Home Find a Home Already pre-qualified for your mortgage? Haven't found a home yet? Find a REALTOR ® and the home of your dreams. Receive a gift card up to $1000 * or more. Privacy Policy | Security | Terms of Use | Licenses & Disclosures Sitemap | En Español | Do Not Call | Publications | For the Media | News Releases Jobs | Partnership Programs | Get Internet Mortgage Leads from LendingTree | Get Internet Mortgage Leads from GetSmart Join Our Real Estate Network | Post Home Listings | Affiliate Program | House Prices at Domania Partner Sites: Ask | Citysearch | Expedia | Hotels.com | Ticketmaster.com | Hotwire.com | Entertainment.com | Gifts Match.com | Home Shopping Network | ReserveAmerica | RealEstate.com | iNest | ServiceMagic LendingTree technology and processes are patented under US Patent Nos. 6,385,594 and 6,611,816. © 1998 - LendingTree, LLC. All Rights Reserved. This site is directed at, and made available to, persons in the continental U.S., Alaska and Hawaii only. Conversion to LendingTree, LLC Official Home Makeover Holiday Sweepstakes Rules * Gift Card Terms and Conditions Click here for LendingTree Promotional Offer Terms 4 Based on total asset size of bank holding company as of 12/31/2004 as reported on the National Information Center web site for the Federal Reserve. REALTOR ® -- A registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS ® and subscribes to its strict Code of Ethics. The Home Depot ® is not affiliated with LendingTree, LLC. The Home Depot ® is a registered trademark of Homer TLC, Inc. Find REALTORS ® | Look for Houses for Sale | Mortgage Calculator | Refinance at GetSmart | Find Real Estate | Free Online Credit Report `



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The National Home Equity Mortgage Association The National Home Equity Mortgage Association | Who We Are Who We Are NHEMA At A Glance NonPrime Mortgage Loan Facts and Statistics Ethics and Standards Conferences and Educational Programs Frequently Asked Questions NHEMA Leadership Staff Directory | Communications Communications Press Releases » Reports and Studies » Equity Update Equity Magazine Advertising Opportunities News Archives NHEMA Joins Effort to Help Gulf Coast Mortgage Professionals Affected by Hurricane Katrina Nonprime Mortgage Lenders Providing Unprecedented Relief ToHomeowners Affected By Hurricanes Katrina and Rita Leading Trade Associations Join Forces To Produce Another Successful NonPrime Mortgage Trade Show NHEMA Statement Regarding Federal Mortgage Loan Data Studies Confirm Risk Factors Drive Loan Pricing Prepayment Fees Lead to Lower Interest Rates - June 23, 2005 Mortgage Pricing Is Based on Risk - June 23, 2005 | Join NHEMA Join NHEMA NHEMA Member Overview NHEMA Member Benefits Information Resources Membership Categories and Fees Organization | Events Events | Links Links | Contact Us Contact Us -- Members only Login NHEMA Conference Schedule January or February, 2006 (exact dates to be determined) NHEMA Emerging Markets Forum Miami, FL February 9-10, 2006 2006 NHEMA Business Technology Roundtable Westin South Coast Plaza Costa Mesa, CA April 6-8, 2006 NHEMA 2006 Annual Conference Doral Resort Miami, FL May 17-18, 2006 NHEMA Fraud Prevention & Detection Workshop Hyatt Regency San Antonio San Antonio, TX June 7-8, 2006 NHEMA Compliance & Servicing Workshop Hyatt Regency Newport Beach Newport Beach, CA News and Current Events Federal Financial Regulatory Agencies Propose Guidance on Nontraditional Mortgage Products The federal financial regulatory agencies issued for comment proposed guidance on residential mortgage products that allow borrowers to defer repayment of principal and sometimes interest. Read more. Speakers at NHEMA Webcast Address Effectively Addressing Federal and State Investigations into Lending Practices Consider the following scenario: an executive vice president at your firm receives a phone call on a Friday afternoon from the state Attorney General's office, advising him that a multi-state investigation has commenced into alleged predatory lending, covering transactions dating back five years. What should your initial response be? Speakers at a fall Webcast, sponsored by NHEMA, considered numerous options. Should you circle the wagons and go into bunker mode? Call a press conference to deny all allegations and paint the action as a baseless, politically motivated witch hunt? Read on to find out. Please Donate to the NAMB Hurricane Relief Fund NHEMA supports the Hurricane Relief Fund, established by the National Association of Mortgage Brokers, to provide financial assistance to its members who have experienced extreme loss from the devastating impact of Hurricane Katrina. Many have lost their homes, their livelihoods, and for some, far worse. Please do what you can to support your broker associates on the Gulf Coast by clicking here to make a donation. Nonprime Mortgage Lenders Providing Unprecedented Relief to Homeowners Affected by Hurricanes Katrina and Rita In the aftermath of Hurricanes Katrina and Rita, nonprime mortgage lenders, like other responsible financial services providers, are making unprecedented efforts to help disaster survivors. To learn more, click here . NHEMA Responds to Release of New HMDA Data The Federal Reserve Board released its report on 2004 HMDA data on September 13, 2005. To read NHEMA's statement responding to the HMDA report, click here . To view the HMDA report and the press release announcing it, click here . Studies Confirm Risk Factors Drive Mortgage Loan Pricing An analysis of approximately 1 million mortgage loan applications confirms that borrowers' credit risk profiles directly relate the the APRs on their loans. The analysis, requested by NHEMA and authored by University of Virginia Professors Richard F. DeMong and James E. Burroughs, also clearly demonstrate that loans with prepayment fee clauses have lower APRs than those that do not. To download the studies "Mortgage Pricing is Based on Risk," and "Prepayment Fees Lead to Lower Interest Rates", click here . To view NHEMA's press release, click here . Announcing Online Advertising Opportunities Through NHEMA NHEMA is now accepting limited advertising on the key online information portals for the nonprime mortgage lending industry: the NHEMA Web site and NHEMA's weekly Equity Update and Media Update electronic newsletters. Download the Advertising Kit for rates and other details. NHEMA Releases 2004 Mortgage Fraud Report NHEMA announced today that it is releasing its 2004 Periodic Report on Mortgage Fraud. The report covers mortgage lending in the entire country but concentrates on issues in the NonPrime lending sector. Click here for the complete report. NHEMA Statement on Joint House Financial Services Subcommittee Hearing Regarding Predatory Lending Legislation NHEMA expresses appreciation to the members of the House Financial Services Subcommittees on Housing and Community Opportunity and Financial Institutions and Consumer Credit, chaired by Rep. Bob Ney (R-OH) and Rep. Spencer Bachus (R-AL), respectively, for holding todays joint hearing on legislative solutions to abusive and predatory lending practices. Read the complete statement . Interagency Federal Risk Management Guidelines for Home Equity Lending The federal government's bank, thrift and credit union regulatory agencies have issued joint guidance to promote "sound risk management practices for home equity lines of credit and loans." The interagency guidance is "outlines the agencies' expectations for sound underwriting standards and effective credit risk management practices for a financial institution's home equity lending activity." To see the interagency guidance report, click here . More News > Click here to browse Equity Update , an electronic newsletter covering the non-prime mortgage lending industry. About NHEMA The National Home Equity Mortgage Association is the only trade association solely representing the nonprime mortgage lending industry. NHEMA represents approximately 250 mortgage lenders accounting for 80 percent of outstanding nonprime mortgage loans. 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