13,99 €
Mehr erfahren.
- Herausgeber: John Wiley & Sons
- Kategorie: Fachliteratur
- Sprache: Englisch
The real world of modern real estate exposed Inside Real Estate is a down-to-earth consumer guide for anyone navigating the property market in the digital age. Written by industry veteran Peter O'Malley, this book exposes the truth about modern real estate and shows you how to work the market to optimize your financial benefit. Forget what you've seen or heard -- the media's hype surrounding real estate doesn't accurately reflect the reality on the ground. With the rise of digital platforms, foreign buyers and property booms and busts, the agent's role is changing amidst a rapidly evolving field; media spin benefits agents more than consumers, but this book offers step-by-step guidance on silencing the noise and working with reality. Exposing common practices and blowing myths wide open, this book shows you what the property market is today -- and how to take advantage of it to buy, sell or invest in your best financial interest. * Cut through the hype and learn the truth behind the myths * Understand the agent's new and changing role in a disrupted industry * Learn the tips, traps and tactics that could sink or save your investment * Deal with rising and falling markets as a buyer or seller The industry's digital disruption is not going away, and certain aspects of the market have been permanently changed as a result. The good news is that property is still a smart financial move, and it is possible to come out ahead regardless of the market's behaviour -- but first you need to separate spin from reality. Inside Real Estate takes you behind the curtain to help you navigate the market with clear eyes and a solid understanding of the real-world market.
Sie lesen das E-Book in den Legimi-Apps auf:
Seitenzahl: 307
Veröffentlichungsjahr: 2017
Ähnliche
INSIDEREAL ESTATE
Buy, Sell and Profit inany Property Market
PETER O’MALLEY
First published in 2017 by John Wiley & Sons Australia, Ltd 42 McDougall St, Milton Qld 4064Office also in Melbourne
Typeset in 11/13.5 pt ITC New Baskerville Std
© Harris Partners 2017
The moral rights of the author have been asserted
National Library of Australia Cataloguing-in-Publication data:
Creator:
O'Malley, Peter, author.
Title:
Inside Real Estate: buy, sell and profit in any property market / Peter O'Malley.
ISBN:
9780730345008 (pbk.)9780730345022 (ebook)
Notes:
Includes index.
Subjects:
House selling.House buying.Home ownership.Real estate business.Vendors and purchasers.
All rights reserved. Except as permitted under the Australian Copyright Act 1968 (for example, a fair dealing for the purposes of study, research, criticism or review), no part of this book may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission. All inquiries should be made to the publisher at the address above.
Cover design by Wiley
Cover image by © Altayb/iStockphoto
Disclaimer
The material in this publication is of the nature of general comment only, and does not represent professional advice. It is not intended to provide specific guidance for particular circumstances and it should not be relied on as the basis for any decision to take action or not take action on any matter which it covers. Readers should obtain professional advice where appropriate, before making any such decision. To the maximum extent permitted by law, the author and publisher disclaim all responsibility and liability to any person, arising directly or indirectly from any person taking or not taking action based on the information in this publication.
For William
May you live a long and happy life
CONTENTS
About The Author
Acknowledgments
Introduction
Part I: Mastering property
The real estate game
1 Who can you trust?
2 The modern real estate firm
3 Will real estate agents have their Uber moment?
4 Insider trading
5 Asking the tough questions
6 Emotion versus logic — understanding fear and loss
7 The winners and losers in all markets
8 Averages, statistics and transaction costs
9 Buying and selling — structuring the move
10 Trading beyond the evidence
11 Valuing real estate agents
Part II: Selling
Prepare to sell
12 Avoiding seller's remorse
13 How to run a silent auction
14 Believe me when I say …
15 Do you have a buyer?
16 The leopard's new spots
17 Mystery shop the agent
18 Expensive web advertising drives off-market transactions
19 Are you choosing a valuer or a negotiator?
20 Seven questions to ask when selling
21 Are valuers conservative?
22 Overquoting
23 Horses for courses
24 Tenants out, furniture in
Manage the sale
25 Coming, ready or not!
26 The win/lose transaction — overprice and undersell
27 Underquoting
28 Divorce, death and distress
29 Automated valuations
30 Confidentiality
31 Bait price damage
32 Loss of control
33 Tricks to increase vendor motivation
34 Selling off-market — is it advisable?
35 Protecting yourself from conditioning
36 Reading the play to manage the sale
Close the sale
37 Overachieved and undersold
38 The offer
39 A good real estate lawyer
40 The pest and building inspection
41 The non-binding offer
Part III: Buying
Preparing to buy
42 Five questions to ask before buying
43 Auction bunny
44 Trial move
45 Finding value
46 Buying and selling off the plan
47 Photoshopping — what's fair play?
The search
48 Boomers move to apartments
49 Inspecting the strata books
50 Strata fees weigh on boomers
51 Profitable renovations
52 Investing in the investment
53 Study no more?
54 Maintaining composure
55 Guidelines and laws to protect home buyers
56 How to bid, buy and win at auction
57 Why invest in property?
58 Debt and equity
59 Vacancy
60 Five questions for investors
The transaction
61 Beating remorse
62 What should we offer?
63 Why the price guide is no guide at all
64 Bracket creep
65 Trading space for location
66 Low stock drives prices
67 Buyer's agents
Afterword
Index
Wiley End User License Agreement
Pages
xi
xiii
xiv
xv
xvi
xvii
1
3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
139
141
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
213
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
235
236
237
238
239
240
241
242
231
232
233
234
ABOUT THE AUTHOR
Peter O'Malley has sold real estate in Sydney's inner west for nearly two decades. During that time, he pioneered the silent auction as a direct alternative to public auctions, an approach now adopted by many agents around Australia and New Zealand for the benefits it offers home sellers and the fairness to home buyers.
He is the bestselling author of Real Estate Uncovered, and is often sought by the media for comment on industry best practice and market conditions in the property market.
ACKNOWLEDGMENTS
To bring a book to completion is a real team effort over a lengthy period of time. While the author may be given credit for the work, the standard of Inside Real Estate was unquestionably raised by the many people that kindly offered insight and direction.
To that end, I am so grateful for the efforts of editors Jacqui Macarthur, Jane O'Connor, Jem Bates and Ken DeGaris for their respective advice and guidance at various stages of writing. Thank you.
Ivan Spanicek, Kerry Rowley, Arthur Kolovos, Gary Pittard, Michael Johnston, Patrick Bright and Tim Altass are all successful long term real estate players. Collectively they ensured the material was modern in identifying market trends yet timeless in outlining the principals of success in the property game.
Ethan Szerenga was a constant source of inspiration throughout the writing of the book. I look forward to reading Ethan's book on his chosen field one day.
The team at Harris Partners Real Estate constantly offered real time market feedback to ensure the consumer will learn of the many changes evolving in the marketplace. In the face of constant challenges, I am proud of the commitment that the Harris Partners team displays on a daily basis.
The silent auction process is now more widely accepted and acknowledged than it was when we released Real Estate Uncovered in 2013. For the many clients who took a chance and selected us to sell their property by silent auction, I would like to say thank you for your trust. When the wider industry is passionately wedded to the public auction process, believing there is a better way takes faith and courage.
For the many agents that supported Real Restate Uncovered, I hope that Inside Real Estate meets and exceeds expectations. The greatest asset a real estate agent can have is a knowledgeable client that ‘gets it'. Hopefully Inside Real Estate assists consumers and agents to separate the spin and find the real substance when transacting. If so, I am certain it will create a more harmonious relationship for both the agent and client.
The entire team at Wiley have been immensely supportive and professional. Their belief in the merits of Inside Real Estate is comforting.
Finally, I would like to thank my beautiful wife Clare and our three boys, Henry, Reggie and Billy, for their love and continual support.
INTRODUCTION
In poker there are two types of players: those who know the rules and those who can play the game. In the real estate market there are three kinds of participants: those who know the rules, those who can play the game and those who have no idea what they are doing. No matter which category you fit into, I hope Inside Real Estate will guide you toward a successful transaction.
The game is played differently according to market conditions. This is a subtle but vital factor that is often lost in mainstream commentary about the market. In 2013 I wrote Real Estate Uncovered to close the gap between consumers' poor experiences with the industry and most agents' objective of delivering a premium service. My goal with this new book is to teach consumers the keys to success in both rising and falling markets.
At the time of writing, the Australian property market is as diverse as the landscape it is built on. Perth is depressed; regional Western Australia is even worse. There are reports of properties in mining towns losing 80 per cent of their value. At the same time the Sydney and Melbourne housing markets are experiencing a boom of historic proportions.
During the mining boom, exactly the opposite occurred. Perth — and to a lesser extent, regional Queensland — flourished, while Sydney and Melbourne struggled against elevated interest rates that were used to contain the thriving national economy. The underlying message here is that both the economic cycle and market conditions play a vital role when transacting real estate. A lot of commentary simply looks to the recent past to predict what will happen in the near future. This is clearly a lazy and ill-advised forecasting model.
Because Brisbane boomed after Sydney and Melbourne in the early 2000s, everyone jumped to the conclusion that history would repeat itself. However, at the time of writing, the Brisbane market, particularly apartments, experienced nominal growth with interest rates at ultra-low levels. The city underperformed against less popular investment markets such as the Gold Coast and Hobart.
In a nutshell, the Hobart and Gold Coast markets have seen vibrant economic growth while Brisbane has struggled to transition away from overdependence on the mining sector. In mid 2016, research house Core Logic reported that one in six apartments were sold at a loss in Brisbane. Depending on your risk profile and purpose for buying, now is either the very best time or absolutely the worst time to buy an apartment in Brisbane.
Perhaps, as you read this book, some or all of these conditions have changed again. I hope you'll find plenty of valuable tips and insights here to help you respond appropriately whatever the environment.
As economies, cities and demographics evolve, so too do the challenges. The first baby boomers turned 70 years old in 2016. The next 10 years will see a massive transition of wealth, much of it in the real estate market. This will come at a time when digital disruption puts consumers in direct contact with one another without the express need for an estate agent.
Cashed-up baby boomers will compete with aspirational home buyers for real estate in desirable locations within our towns and cities. Baby boomers will also sell down their property investment holdings to fund retirement. These demographic and digital disruptions will change the complexion of the property market.
The digital revolution has already changed the nature of the real estate industry. For better or worse, the disruption is likely to continue, and agents will need to reassert their true value to the general public if they are to fend off this threat.
Airbnb has its sights set on real estate agents' rent rolls. Landlords will increasingly opt out of traditional management structures to chase Airbnb-style service and efficiency. Much of the traditional real estate industry survives on its rent rolls. If they don't innovate, some agents face extinction in the face of these changes.
Recently a client who is a savvy businessman mused that he felt like a novice every time he transacted real estate because of the speed of change in the market. The purpose of this book is to bring the consumer seeking insight and knowledge on the industry up to speed before they transact.
Consumers will learn for themselves many of the traps and tricks exposed in this book once they have completed their property transaction. Unfortunately, that may well be too late to avoid financial loss and heartache. When it comes to real estate, learning through personal experience is expensive and painful, and the knowledge gained is often largely redundant, given that most people make such transactions infrequently.
I hope Inside Real Estate becomes your trump card the next time you play in the property market.
Peter O'Malley
March 2017
PART IMastering property
The real estate game
1 Who can you trust?
2 The modern real estate firm
3 Will real estate agents have their Uber moment?
4 Insider trading
5 Asking the tough questions
6 Emotion versus logic — understanding fear and loss
7 The winners and losers in all markets
8 Averages, statistics and transaction costs
9 Buying and selling — structuring the move
10 Trading beyond the evidence
11 Valuing real estate agents
1 Who can you trust?
For many people, stepping into the real estate arena feels like entering the Colosseum with lions on the loose. Is it any wonder? The industry designed to get you to buy or sell your most valuable asset isn't noted for outstanding service.
Attempting to conduct any transaction in the face of contradictory advice and other people's vested interests is certainly daunting. Selling agents, buyers' advocates, a varied array of property commentators, well-meaning family members and ‘helpful' friends will all promote their own version of received wisdom about property transactions.
This confusing scenario begs the question, ‘Who can you trust in real estate?'
If you trade in real estate regularly, you should have a better idea about how to conduct these transactions. Nothing beats real-world experience. But being in a position to trust your own judgement based on past experiences is an earned luxury.
Experienced consumers enter real estate negotiations with foresight. Inexperienced consumers, who buy and sell perhaps every five or 10 years, are often knowledgeable and wiser only with hindsight. Once a contract of sale to buy or sell is signed, the transaction is complete, and it becomes very difficult to change its terms. This makes getting it right before locking into a contract imperative. Real estate mistakes can be devastatingly costly and take years to recover from. Hence the roar of lions.
This book is designed to be the buyer's and seller's guiding light through the journey. It provides you with both the insight and the foresight of a career real estate agent — the tricks of the trade, so to speak.
It provides an overview of how the industry works and what you need to know before heading into the property arena for the first or a subsequent time. Knowledge is power. It can alleviate much of the stress and confusion that so often accompanies what should be an exciting time. And while you can study parts of it in isolation, it would be difficult to find all of the information on your own.
Welcome to the insider's journey, and let's start with the first surprise for many — namely, just how time-consuming buying and selling real estate can be. Where to search, how to search, understanding how market pricing works, the best way to select an agent, getting value for your money, what questions to ask … the list goes on.
It can soon feel like you are holding down a second job. For the time poor, this almost inevitably leads to making decisions on the run and hoping it turns out well. Transacting real estate in this way can be a big mistake. Knowledge, not luck, should always be the main driver.
Buyers and sellers take many different paths when seeking someone to trust in real estate. Some will select an agent who was referred by a friend; others will base their decision on an agent's website; others may conduct an exhaustive interview process. Many still rely on that old ‘gut feeling' to decide which agent to work with.
Finding an adviser you trust is vital for a successful property transaction, but undertaking your own research into the industry and its systems should be an automatic part of your due diligence. If the real estate market feels like the Colosseum to you, doing your due diligence is the best way to allay your fears. I hope you will make reading Inside RealEstate a part of that process.
Gain market knowledge before acting or transacting.
2 The modern real estate firm
No industry stays static or immune from change. In real estate we have seen the ongoing development of more sophisticated business models and marketing strategies. So what has changed?
Today's agency tends to be larger. Some firms, with supersized sales teams that tout for Vendor Paid Advertising (VPA), inject millions of dollars into marketing their brand and message. It's all about getting as many listings as possible.
Home sellers are usually unaware that the primary objective of many real estate agents when selling this VPA is building the firm's profile, rather than selling your home. As will be made clear throughout this book, expensive newspaper and internet advertisements do very little to improve a vendor's chance of selling. But you pay for it nonetheless.
When a consumer entrusts the sale of their home to a supersized firm, they often take comfort in the notion that they have a large company behind them. Their expectation is that the company is more likely to have superior management and internal processes for managing staff and the sales process.
Many consumers who have experienced problematic sales campaigns are alarmed to discover their salesperson is not representing a large firm, in which management holds the agent's performance to account. Their agent is actually the CEO of a micro-company and pays a percentage of their commission to ‘the mother ship'. The management of the apparently large firm with a high-profile brand has little, if any, ability to hold these salespeople to account.
Agencies are structured this way in order to avoid the payroll tax and superannuation payments that would apply to permanent staff. This ‘contract' arrangement of outsourcing makes a big difference to their bottom line and adds to the perception of the firm's size. It gives these salespeople autonomy, but leaves them to fund their own running costs. All is not what it seems from the outside.
A practical example of how this structure plays out to the consumer's detriment can be found in the non-sharing of data between salespeople operating within the same firm. You may list your $3 million home with a supersized agency that has sold a number of similar homes in recent times. You are unaware, however, that one particular sales agent at the firm sold those homes and that you have unknowingly listed with one of their colleagues, believing the same service will be provided.
As an uninformed consumer, you have just jumped to the unfortunate conclusion that the salesperson you hired will be contacting everyone on the agency's list, including the underbidders left over from those other $3 million sales. It is reasonable to believe this would provide an important pool of genuine buyers to market your home to.
To your astonishment, however, a month into the campaign it becomes clear that these underbidders have not been contacted. On questioning the agent, you learn that those potential buyers are on their colleague's database and your agent does not have access to them. It's a shock to learn that agents in the same firm will not share their buyer databases with each other.
It then dawns on you that you have listed, not with a super-brand, but with a fledgling ‘one-man band' trading under the super-brand's name. This now common business structure means many real estate agents are in fiercer competition with their colleague at the next desk than they are with rival agents down the road.
Given this structure, let's deal with the question of what agents are likely to steer you into when it comes to those ever-present advertising charges and requirements. Charging exorbitant fees for VPA is not just the domain of supersized agencies.
The internet has been the dominant real estate platform for more than a decade, yet millions of property consumers have not yet sold using online methods. It is these consumers who are more likely to ask real estate agents if they should advertise in the newspaper. Why? Because generally they have more understanding of newspaper marketing (even though it is now redundant) than they do of modern online marketing.
Unfortunately, many real estate agents lead clients to believe that spending large sums on online advertising is beneficial and commensurate to the cost of newspaper advertisements. Agents advise sellers to transition to real estate portal advertising — where the agent benefits from rebates and/or brand exposure.
Given the power and reach of Google and other search engines, the sophistication of modern web-based databases and the amount consumers pay agents in sales commissions, inflated website advertising has now become just one of many different marketing tools available to consumers. But you need to assess whether your money is actually helping to sell your home or merely assisting the agent's lead generation and self-promotion.
Pay to advertise your home — don't inadvertently pay to advertise your agent's brand.
3 Will real estate agents have their Uber moment?
Let's face it: fairly or unfairly, many consumers would be happy to see the demise of real estate agencies. And there is no shortage of people trying to make that happen. There are some options available these days. Look at how Uber has decimated the taxi industry on a global scale. As a result, every industry is looking over its shoulder in fear of the one concept or idea that could ‘Uber-ise' it. Digital disruption will further impact on the real estate industry in the near future. Whether it is a total game changer that renders the agent's role superfluous remains to be seen.
Respected real estate journalist Robert Harley wrote in December 2015, ‘In New York, technology experts agreed the global property industry will soon see a rush of fixed-price, no commission and highly automated peer-to-peer websites.' Harley was reporting on a real estate technology conference where digital disruption was high on the agenda.
The stakes are high, but so are the rewards for those who get it right. In the mid 1990s realestate.com.au did not exist. Today it is a $7 billion company. In recent years, when the Fairfax results are released to the market, it is Domain, their real estate website, that is revealed to be essentially propping up the parent company. Our attachment to owning property remains as strong as ever, while new platforms to buy and sell it continue to evolve.
Redefining the agent's role
Given the crucial role real estate agents play in generating the revenue for these platforms from consumers, it is likely that media companies will continue to support agents — unless they can devise a way of diverting the agents' commission to themselves, which is entirely plausible.
The internet has made it easier than ever before for buyers and sellers to engage with each other directly. Most attempts to ‘Uber-ise' real estate have been made by companies that encourage and coach vendors to go on the market as private sellers, thus avoiding agent's commission. Buy My Place is a good example of a large company in this space. Its slogan of ‘No Commission, Lots of Help!' pretty well sums up the offering. Buy My Place has listed on the ASX and it's fair to say it is not going away. Good news for consumers, but maybe not for agents.
Airbnb has taken a huge slice of the hotel market. The company encourages homeowners to lease their dwellings for a short term to travellers at a fraction of the cost of a hotel room.
Airbnb launched an assault on the rental market in May 2016 through its vehicle Hey Tom. Given what Airbnb has done in the hotel sector, its intrusion into the real estate industry cannot be underestimated. Co-founder Tom Baker is reported as stating, ‘We're planning to eat into the real estate market. We plan to bridge the gap between the sharing economy and the real estate economy.'
Many of the people featured in video testimonials on the Buy My Place website are classed as ‘successful sellers'. This is an interesting designation given that what constitutes a ‘successful seller' remains undefined. The company is classing everyone who ‘sells' as having made a ‘successful sale', in much the same way as agents who spruik the importance of ‘clearance rates' without any regard for the quality of the price achieved.
Teena and Andrew Hubbard sold their home using Buy My Place. Interviewed by Su-Lin Tan for the Australian Financial Review, they were quoted as saying, ‘We have no idea why people would sell with an agent.' The Hubbards have sold twice without using an agent, so their assessment of estate agents will be confronting for an industry that has for so long felt itself to be indispensable.
Real estate agents have had people believe that high clearance rates are the key to a good agent. Now the disrupters threaten to put sellers and buyers in direct contact with each other, allowing sellers to achieve their own high clearance rates without paying an agent's hefty commission.
To avoid being ‘Uber-ised', real estate agents will have to focus on getting high prices for their clients, rather than high clearance rates for themselves.
Stock brokerages underwent a similar transformation at the beginning of the internet. The need for a stockbroker to conduct a trade vanished with the emergence of companies such as eTrade. Stockbrokers needed to redefine themselves not as facilitating the trade, but as adding value to it. Their research notes and performance in the market became their ‘street cred'. The consumer took the ability to do the trade as a commodity with minimal value.
Twenty years later real estate agents are on the same path.
Real estate is a results-oriented business
In order to make the right decision among these emergent options in the real estate industry, be clear about what the end result should be. People will inevitably be keen to wipe out the expense of an agent's $20 000 sales commission. Cutting the agent out for the sake of it might be costly, or it might be the best saving you could make. It is crucial that you judge each offering on its commercial merit. The real estate industry, both in Australia and abroad, has seen off literally hundreds of outsiders who have entered with a low-cost structure, yet there is not one sustainable success story that depended on a low-cost model.
Agents know they ultimately fail or prosper based on results. The same is true of every startup business that enters the industry intent on cutting the agent out of the process.
Real estate firms range from small to very big businesses, but up to 90 per cent of the residential real estate industry could be counted as small business. Given their connections to media-owned websites and newspapers, much of the revenue that runs through these small businesses flows straight to large media companies as advertising fees. At a Melbourne real estate conference in December 2015, it was estimated that $800 million was spent on real estate advertising in Australia each year.
Media companies are unlikely to offer any lasting support to startup businesses that wipe out estate agents unless their revenue stream is maintained. Agents are a media company's best salespeople when it comes to real estate advertising. Startup businesses will therefore probably need to find support and build a strategy outside of media companies.
Many private sales companies have started in Australia, but to date all have failed. Eventually someone will break through and take a sizeable share of the market. The company that does that will need to be addicted to data and cost-effective marketing to enable it. The key for these companies is ‘automated connections', with buyers and sellers connected directly through technology. The moment they insert a human to negotiate between seller and buyer, they become no more than a cheap real estate agent.
Can the seller and the buyer arrive at a mutually satisfactory transaction? With the right advice and temperament there is a good chance, although many mistakes will be made and money lost when commercial and savvy negotiators find themselves negotiating directly with non-commercial consumers.
As real estate agents, private sale companies and media conglomerates fight for market share, it will become a battle of data versus advertising, with agent intermediaries looking to justify their existence.
It will resemble a game of scissors-paper-rock.
Agents will be challenged to justify their fees in the face of digital disruption.
4 Insider trading
How does insider trading happen in real estate and why should we be aware of it? Insider trading is strictly defined as the trading of a public company's stock or other securities (such as bonds or stock options) by individuals with access to non-public information.
The definition of ‘insider' can be broad and may cover not only industry insiders themselves but also any person related to them, such as brokers, associates and even family members. Anyone who becomes aware of non-public information and trades on that basis may be guilty.
Stock market regulations regarding insider trading are tough, enforceable and detailed. Regulations to curb vested interests in real estate transactions are much weaker, and it's fair to suggest insider trading and versions of it are rife in the market.
By making yourself aware of the many ways in which insider trading can apply to real estate, you have taken the first step towards protecting yourself.
Here are three of the most common scenarios.
Real estate agent (or employee) is the purchaser
Real estate agents need to live somewhere. That's fine. What agents don't need to do (and should not legally be able to do) is purchase a property through their firm while also taking a commission from the vendor. The transaction can be above board, yet too many questions can arise later. If an employee of a real estate agency wishes to purchase a property through their firm, the vendor should not pay any commission and full disclosure to the vendor should be made.
Buying from a client is a messy business.
In the very worst form of insider trading an agent purchases a client's property for their own benefit, without any disclosure to the vendor. This usually occurs when the vendor is unaware of the true market value and/or is otherwise vulnerable. While most of an agent's clients want an above-market price, it is amazing how many have literally no idea of the true value of their asset.
Sadly, it is often the elderly who are the least informed about the market. They also tend to be the most trusting.
If you have an elderly relative or friend trading real estate, volunteer to assist them through the process. It could save them hundreds of thousands of dollars.
The developer's promise
Real estate agents hear the developer's promise almost daily: ‘If we buy it from you, you can have the resale.' The developer is offering the agent an unwritten inducement to favour them during discussions. Here are some facts. Every developer makes the promise; some agents fall for it, some don't. The vendor is paying the agent, but the agent is being wooed by the buyer. The best agents won't fall for this empty promise. If you are selling a property that is a development or renovation opportunity, it's prudent to look for any signs that the agent is favouring one buyer over another.
Feel free to ask the agent which buyers/developers they have done business with before. It's crucial to know if the agent is negotiating with someone they have just met, as opposed to a developer who may have bought several sites from them in the past. Ask the agent if they have ever sold a property for the developer who is now trying to buy your property.
Agents are in constant role reversal in their respective markets: the person paying them today is the person they are employed to extract full market value from tomorrow.
In sport, when a team or athlete fails to put in a full effort in order to win, it's called tanking. Watch for any signs that your agent is tanking when negotiating on your behalf.
You can sell ours if we buy this one
It's a fact that most homeowners trade up or down within the same marketplace. Today's buyer is tomorrow's seller. In a competitive market, buyers often attempt to engage agents with the promise of their listing. The best agents are fanatical about separating the two transactions in the interests of their existing client.
Ask the agent if the interested buyer has another property to sell. If so, does your agent expect to be their agent in the future? Direct questions can elicit surprising responses. Just because the agent is likely to gain the buyer's listing, it does not mean that something untoward has occurred, but as a homeowner you are entitled to understand all potential areas where a conflict of interest might arise.
Once you are aware of these, you can make your own assessment. The best agents will declare their previous dealings and relationships upfront so you are aware of all elements and undercurrents at play.
The best agents lead with disclosure. If the purchaser's name on the contract is a company, take a moment to find out who the individuals behind it are by checking the Australian Business Register, ABN Lookup. Once you sign the contract, it's extremely difficult to withdraw.
* * *
You need to stay on guard for signs of insider trading in real estate. It's not rampant, but it does happen. To suggest it doesn't is naive in the extreme.
The once ‘cleanskin' sport of tennis has recently been undermined by match fixing. If professional tennis is not immune to ‘fixing', then high-stakes transactions such as real estate are bound to attract vested interests and questionable practices. By asking the tough questions, and documenting the responses you receive, you will have gone a long way towards protecting yourself against unfair play. Game, set and match to the empowered consumer.
