Seller’s FAQ

Santa Fe Home Sellers Frequently Asked Questions

1. Is there a best time to sell my house?
2. Are there important factors to consider when selling a home?
3. How much is my home worth?
4. What should I do to get my house ready?
5. Should I make repairs?
6. What are my obligations to disclose?
7. Must I disclose the terms of other offers?
8. Are there standard contingencies in an offer?
9. Should I be flexible in granting contingencies?
10. What do I do if my house isn’t getting activity?
11. Is it possible to sell for less than my mortgage?
12. How will a foreclosure affect my credit?
13. How long will a bankruptcy or foreclosure stay on my credit report?
14. Is it possible to refinance after bankruptcy?

The answers to these questions have been updated spring 2010 for New Mexico Sellers.

Question 1: Is there a best time to sell my house?
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Property sells year round. It is mostly a function of supply and demand, as well as other economic factors, like loan availability, interest rates and inventory of similar homes on the market. Given current economic predictions of rising interest rates and more distressed properties on the market, the sooner you prepare it for listing and get it on the market, the better.

Santa Fe tends to be a year-round market but towns which attract young families, such as Albuqerque, may find spring and summer the “hottest” time as families like to move between the school year.

One of the mistakes sellers often make is taking their home off the market for the holidays. There are still buyers in the market place, but now those buyers have fewer homes to choose from. Those homes on the market at that time have considerably less competition. Generally speaking, you’ll have the best results if your house is available to show to prospective buyers continuously until it sells.

Question 2: Are there important factors to consider when selling a home?
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The two most important factors are price and condition in selling a home. The first step is to price it properly. Then, go through the house to see if there are any cosmetic defects that can be repaired.

A third factor is exposure. It is important that the home gets the exposure it deserves through open houses, broker open houses, good signage and listing on the local multiple listing service. But, with nearly 90% of buyers searching for homes on the internet, major exposure here has become the most effective tool.

Choose the real estate professional who you believe will get the job done and who you like and trust, not the one that quotes you the highest price – sometimes just to get your listing.

However, in today’s market, listings that are NOT priced aggressively can be more of a liability than an asset for a Realtor. Keep in mind that an agent who gives you honest feedback about the condition and salable price for your home is doing you a favor in helping accomplish your goal of selling your property.

At GreenRoads, we will help you make simple improvements to maximize your sale price and we will not take your listing unless we believe it has a good chance of selling in a reasonable time frame and at or close to listing price.

Question 3: How much is my home worth?
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There are two methods used to determine homes value, an appraisal and comparative market analysis.

Appraisals vary in cost and are defendable in court. They cost about $400 for an average single family home and more on larger homes and multi-family dwellings. Appraisers review numerous factors and base information on recent sales of similar properties, their location, square footage, construction quality, excess land, views, water frontage and amenities such as garages, number of baths, etc. The appraisal should be in writing and should involve professionally accepted appraisal techniques.

However, due to today’s volitile market, most sales are not appraised until after they are under contract. About one-third of contracts do not close because appraisers, working for their underwriters, are conservative in their valuation. Your appraisal from last year may be much higher than today’s value. It’s important to work with a Realtor who knows the local market and can price your home to sell.

A comparative market analysis (CMA) is an informal estimate of market value performed by a Realtor. It is based on recent sales and listings that will compete with your property that are similar in size, style and location. A range of values will be determined thus arriving at a probable market value. In the course of preparing to meet with a serious seller, GreenRoads Realtors prepare a free CMA to help you price your property to sell.

In a small market of many unique homes, like Santa Fe, it can be challenging to find comparables. This is where a local, experienced professional agent can be especially helpful, taking into account the features, amenities and emotional appeal of your specific property.

Question 4: What should I do to get my house ready?
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The way you live in a home and the way you sell a house are two different things. First and foremost, “declutter” counter tops, walls and rooms. Too many “things” make it difficult for the buyer to see their possessions in your rooms or on your walls, however don’t strip everything completely or it will appear stark and inhospitable. Then clean and make attractive all rooms, furnishings, floors, walls and ceilings. It’s especially important that the bathroom and kitchen are spotless. Organize closets. Make sure the basic appliances and fixtures work and get rid of leaky faucets and frayed cords. Make sure the house smells good: from an apple pie, cookies baking or spaghetti sauce simmering on the stove. Take out the garbage, hide the kitty litter box, and possibly put vases of fresh flowers throughout the house. Pleasant background music is also a nice touch.

Equally important is “curb appeal.” People driving by a property will judge it from outside appearances and make a decision then as to whether or not they want to see inside. Sweep the sidewalk, mow the lawn, prune the bushes, weed the garden and clean debris from the yard. Clean the windows (both inside and out) and make sure the stucco or paint is not chipped or flaking. Also make sure that the doorbell works.

Question 5: Should I make repairs?
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Minor repairs before putting the house on the market may lead to a better sales price. New Mexico contracts include a contingency “inspection clause” in the purchase contract which allows the buyer to back out if unacceptable defects are found. Once the problems are noted, buyers can attempt to negotiate repairs or lowering the price with the seller. Any known problems that are not repaired must be revealed as a material defect. You do not have to repair the problem, only reveal it and the house should be appropriately priced for that defect.

Question 6: What are my obligations to disclose?
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Items sellers often disclose include: homeowners association dues; whether or not work done on the house meets local building codes and permit requirements; the presence of any neighborhood nuisances or noises which a prospective buyer might not notice; and any restrictions on the use of property, including but not limited to zoning ordinances or association rules.

Although not required by New Mexico law, a seller’s written disclosure available to prospective buyers may save the trouble of a deal going south.

Question 7: Must I disclose the terms of other offers?
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In New Mexico, it is up to the seller to give his agent permission to disclose the terms of other offers. You may disclose the existence of other offers, so that all parties are aware that they should be submitting their best offer.

Question 8: Are there standard contingencies in an offer?
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Yes, the two basic contingencies in a purchase agreement are financing and inspections. Others may include review of documents such as road and well agreements, title insurance binder, availability of homeowner’s coverage, survey, septic system approval by the state engineer’s office, and others as per contract.

Question 9: Should I be flexible in granting contingencies?
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That often depends on if you are in a buyer’s or a seller’s market, the condition of your home, the price you hope to get, how motivated you are to sell, as well as the quality and quantity of the offers you are getting.

Any contingencies that are negotiated are written into your contract. Both the buyer and seller can place requirements on the table during the negotiation phase.

A frequently seen contingency is regarding the sale and closing of the buyers home before they can purchase yours. Whether this requirement is reasonable, or even achievable, depends on the individuals involved. Financial capabilities usually play a major role in negotiations. Few people can afford to own two homes simultaneously, except for some all-cash buyers.

Question 10: What do I do if my house isn’t getting activity?
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Even in a slow market, price and condition are the two most important factors in selling a home.

If a home is not getting the activity it needs in order to sell it is probably because it is overpriced for the market. The first step is to lower the price. Then go through the house again and repair as many functional and cosmetic defects that you can and get help staging it to show optimally.

The second step is to make sure that the home is getting the exposure it deserves through aggressive marketing, especially on the internet.

A third option is to remove the home from the market and wait for overall market conditions to improve and catch up to the price your asking. But, given the uncertainty of the economy, this may be a longshot. If you need or want to sell now, listen to your agent and follow his/her advice.

Finally, frustrated sellers who have no equity and are forced to sell because of a long term illness, divorce or financial considerations should discuss a short sale or a deed in lieu of a foreclosure with their mortgage lender and their broker.

A short sale is when the seller finds a buyer for a price that is below the mortgage amount and negotiates the difference with the lender.

In a deed-in-lieu-of-foreclosure, the lender agrees to take the house back without instituting foreclosure proceedings. These are considered more radical options than lowering the price.

Question 11: Is it possible to sell for less than my mortgage?
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A “short sale” is for home sellers who are upside down on their mortgage. The home’s value is less than the amount of the mortgage. A hardship must exist, then sometimes home owners can negotiate with lenders and split the difference between the sale price and loan amount, which still must be paid. A short sale is often complicated, and is referred to by the industry as a “long sale” because, depending on the cooperation of the lender, it can take much longer than a conventional sale.

If the loan has been sold into the secondary market, the lender will have to get permission from Fannie Mae or Freddie Mac to negotiate a short sale. Fannie Mae, the secondary market giant, has a policy of looking at each loan individually. If the loan was a low-down-payment mortgage with private mortgage insurance (or PMI), the lender needs to involve the mortgage insurance company that insured the low-down loan. Once all these issues are resolved or negotiated, the house may be sold.

Question 12: How will a foreclosure effect my credit?
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Without a doubt a property foreclosure is one of the most damaging events in terms of the borrower’s credit history.

Talking to the lender who holds the mortgage note on the property might provide specific answers as the possible courses of action available to the borrower, as well as to the effects those actions might have on that person’s credit report.

In terms of the effect on credit history, a deed in lieu of foreclosure or a short sale are not as adverse an event as is the forced foreclosure.

However, even often a foreclosure or bankruptcy, there are lenders who are providing loans after 7-10 years have lapsed. The borrower will have many obstacles to overcome and will need to provide a good paper trail to the lender proving they are once again credit worthy.

Question 13: How long will a bankruptcy or foreclosure stay on my credit report?
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Bankruptcies and foreclosures can remain on your credit report for 7 to 10 years. Much will depend on when the bankruptcy was discharged and what kind of credit a borrower has reestablished since then. The longer ago the discharge occurred, the better off a loan applicant will be. Another factor considered will be the circumstances surrounding the bankruptcy. If a borrower went through a bankruptcy because his or her company had financial difficulties due to downsizing or merger resulting in job loss, that means one thing to a lender. If, however, a borrower went through bankruptcy because of overextended personal credit lines from living beyond their means, that means quite a different thing. If you have additional questions consult “Rebuild Your Credit: Law Form Kit,” Nolo Press, Berkeley, Calif.

Question 14: Is it possible to refinance after bankruptcy?
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Although a good idea, it is usually difficult to refinance after a bankruptcy. If you have been struggling but keeping current on your payments the lender may be accommodating. You first need to contact them and explain your situation. They may suggest or perhaps you can suggest a way to work out alternative payments until you recover.