Myrtle Beach Real Estate

Accessibility and the Lockbox

 

If you are selling your home, you should not be present when an agent brings a potential buyer to view the property. Successful marketing means that buyers need to be able to imagine the house as their future home. Nothing puts a damper on that more than having the current owners hanging around.

That is one reason why the lockbox is such a key tool for real estate agents.

A lockbox is a hollow metal box that attaches to the front doorknob or some secure place nearby. Inside the hollow area is another matchbox sized box that contains the key to the house. When an agent opens the lockbox, that smaller container slides out.

The lockbox gets its name because it is a locked box. A stranger cannot come by, open the box, get the key and gain entry to the house.

Only agents can do that.

Most modern lockboxes have a tiny microprocessor inside. You need an electronic key to open it and the only way to get a key is to become a member of the local Multiple Listing Service. All of the keys have a unique identifier so when someone opens the box, the microprocessor inside “registers” the agent who opens it. Agents are forbidden to let another agent use their electronic key.

Since the box is “reset” just before being placed on the door, any agent who opens the box can be identified – as well as the date and time they entered the house. That information can be downloaded at the local MLS Association. This works as a security measure for the homeowner.

But the main purpose of the lockbox is that it facilitates the sale of the home. Without it, selling or buying a home would be much more difficult.

Think of the alternatives.

Without a lockbox, the seller would have to be present when the buyer came by with their agent, and that does not really help to sell the home. Sellers could leave the door unlocked, of course, but in today’s security-conscious world, that is not a great idea.

One possibility is that the seller could give a key to their listing agent, but then the listing agent would always have to be present when another agent brought a buyer to the home. Showings would have to be scheduled tightly and that would be an inconvenience to the listing agent and the buyer’s agent…

…and it would be an inconvenience to the buyer..

 

© copyright January 2004 by RealEstate ABC

Contingencies & Negotiations in Real Estate Contracts.

Some buyers make an offer to buy a home before they even list their own home for sale. However, they need to sell their present home in order to come up with the down payment to make the purchase. So they make their offer "conditional" on the successful sale of their own home.

That is a "contingency."

Actually, it is a major contingency.

Contingencies are important in real estate contracts because they limit a buyer's or seller's responsibility to fulfill the contract and close the deal. Some are major, some are minor.

Some contingencies are frowned on -- others are not. Other contingencies are "normal."

For example, in a seller's market most sellers would not accept the contingency listed above. A potential buyer with a home to sell should already have their home listed AND have an accepted offer from a "ready, willing and able" buyer.

Other contingencies make perfect sense.

For example, a buyer might want to make their purchase "contingent" upon their ability to obtain financing. If they can't get the loan, they can't buy the house anyway, so it is a contingency that makes sense.

Another buyer may want to make his offer contingent on the home appraising at (or above) the purchase price. Since the appraiser is hired by the lender and is independent of the actual transaction, that is another contingency that makes sense.

In addition, there are loads of inspections. Buyers will often want to make sure the property passes these inspections, so these become additional contingencies...

...and that is what makes a real estate contract different than most contracts.

Most contracts are set at the time of offer and acceptance. They are a "done deal" and both parties are liable to fulfill their obligations no matter what. If either party attempts to renegotiate any point, the other party can "void" the original offer and acceptance.

Real estate contracts have specific clauses which allow renegotiation in limited areas.

For example, a real estate contract may require a buyer to get his home inspection completed in fourteen days. It allows the buyer three days (or whatever) to review the inspection and report any problems to the seller. If no problems are reported, that contingency automatically disappears.

Suppose the inspection is performed within the required time frame, it shows a cracked tile in the corner by the fireplace, and the buyer reports that problem to the seller.

What happens next?

The buyer and seller renegotiate that aspect of the deal. It's a legal contingency. It is subject to renegotiation.

The seller may decide to replace the tile -- or he may decide not to replace the tile. The buyer decides whether it is worth losing the house over a broken tile or not. The seller decides whether it is worth losing a buyer over a small thing like a broken tile.

That example was purposely minor. The problem could be a faulty roof. That would require more serious thought.

Contingencies are a part of real estate contracts and so are renegotiations -- but only in limited areas and according to the contract. Some buyers and sellers never fully read the contract -- be sure to read yours.

 

copyright 2003 by Terry Light and RealEstate ABC, revised 2002