You've seen HDR (high dynamic range) photography whether you realize it or not. HDR photography can look more like a portrait than a photograph and is beautiful, but is its best medium in real estate sales and will it sell your house?  In a nutshell, HDR photography enhances light and color 'naturally' (with multiple shots and software) thereby replacing the need for time consuming lighting of rooms. It then uses information from different exposure levels to produce one image that has better exposure for each pixel than without the technique. Natural lighting is always better but difficult to obtain much less by anyone other than an expert photographer. A lot of photographers and real estate agents take HDR one step further by 'tone mapping' the photographs of the house. Such as enriching the front yard grass to a deep lush green, adding clouds to a perfect picturesque deep angel blue sky, unnaturally lighting architecture, and the examples go on and on. It is the hottest rage real estate agents are using to sell their services versus the do it yourself dud photographing agent and hence this where the controversy begins. 

Sure, you'll love passing the photos out to your friends or entering them into an art contest. Who doesn't like 'Glamour Shots?' But, when the judge is a willing and able buyer, will they appreciate the un-natural photography of the largest asset they're about to purchase and being mislead? Buyer's don't like it when agents advertise 4 bedrooms and it's clearly only 3 bedrooms. They don't appreciate remarks such as 'tlc needed' when in reality the home needs $50k in renovations. A talented, expert,  photographer/real estate agent does not need to enhance a real estate photograph to the point of inauthenticity. The best images of your home tend to be those that appear vibrant, colorful, and clear, while retaining realistic natural tones and appeal. Remember, you are trying to sell your home not win an art competition.
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Tone Mapping of a HDR photograph.
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Professional photography without the use of HDR software or tone mapping.

Let there be no doubt, I believe in professional, high resolution, wide angle photography with the possible use of the HDR technique or natural lighting and angles from the get go by an expert shot.  Professional photography is a must in today's real estate market where studies show over 96% of buyers look for homes online. It blows my mind why sellers would hire an agent that shows up with their everyday, handheld, digital camera for the 'photo shoot.' Nor, is the agent selling a Thomas Kinkaid portrait and when the buyer pulls up in front of the home and enters the home are they are going to be disappointed? Just as you would be if you were using a online dating service and the potential 'date' air brushed their wrinkles, showed a picture 15 years younger, 30lbs lighter, etc.... Get the point? Nobody likes to be mislead and buyers aren't stupid. I would advocate not to embellish your real estate photographs to the point they are artwork and not reality. What the buyer sees online is what they need to get and feel in person.
 
 
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Do sellers pay the buyer's closing cost or is it really the buyer paying it? I constantly hear buyers say, "I've heard Sellers should be expected to pay my closing cost." or "My lender said, 'Have the seller pay your closing cost." 

First, let's define buyer closing cost. These might include but are not limited to: prepaid 1 year homeowners insurance, lender tax/insurance escrows, title insurance, origination/discount points, processing fees, underwriter fees, tax service, flood certificates, credit report, appraisal, prepaid interest, mortgage insurance premiums, government recording fees/taxes, and inspections. Buyer's should remember, there is no free money, and they will pay cost to obtain a loan.

Buyers should consider their motivations for wanting the seller to pay their closing cost:

1. Does the buyer NEED the seller to pay their closing cost? Meaning, the buyer has the required lender down payment but not enough to pay their closing cost. Thus, if the seller doesn't pay the closing cost the buyer can't buy the home.

2. Does the buyer have the money to pay their own closing cost but doesn't want to liquidate their cash assets to do so.?

3. Out of principal because "Sellers ALWAYS pay the buyer's closing cost" and it should be expected.

4. Other financial motivating factor that buyer deems beneficial.

Typically buyers have a 'top dollar' they will pay for a property with all considerations. And, sellers have a 'bottom line' they will take with all considerations. Whether a seller pays a buyers closing cost or not does not change the seller's 'bottom line.'

Example:

The seller's bottom line is $100,000.  Meaning the seller will take no less than $100,000 with all considerations.  The seller doesn't care if the offer is $105,000 with the seller paying $5000 in buyer's closing cost or if the offer is $100,000 and the seller paying none of the buyer's closing cost. Either way, the seller's net is the SAME in both scenarios.

Buyers should consider the following when asking the seller to pay their closing cost when it is not necessary to purchase:

1.  Does the buyer want a higher loan amount, with higher monthly payments and more interest accruing?

2.  Will rolling the closing cost into the purchase price artificially inflate the property's value?

3.  By rolling closing cost into a loan amount more of the home's equity is eaten up.

4.  Possible loss of negotiation 'power' because the seller perceives the buyer isn't really qualified. Thereby, the seller believes the buyer needs them more than they need the buyer. Thus, the seller does not negotiate as assertively as they would with a more qualified buyer.

 
 
You've decided to buy/sell real estate and admit you know nothing about the process. Who do you go to first? Most go to and ask their friends. Which is great. Depending on your friends you might gain an enormous amount of insight and/or a great referral source for a Realtor. However, at a certain point seeking their advice is a dangerous zone to enter. Want to make  a real estate agent (or any licensed professional) cringe? Begin a sentence with, "My friend said....." Any expert in real estate will tell you every single real estate transaction is unique. No two are exactly the same. If you have a 'Realtor Friend' advising you this should be the FIRST thing they disclose since the law prohibits licensees from commenting on transactions they are not a part of nor privy to the details. Your friend's experience may not be reliable either. There is not a 'one size' fits all approach to any real estate transaction. Each one depends on and has factors affecting it based on local laws, terms, conditions, contingencies, location, price, Realtor experience plus negotiation tactics which vary greatly and are dependent on varying personalities.

TRUE STORY:  A seller had a friend in another state that lived in a rural area and had one real estate transaction under their belt. The seller referred to this friend, as their 'Florida Friend.'  Every single term from the original listing agreement, through the contract and up and until the day of closing the seller challenged, argued and bullied their way through; all the while consistently referring to this Florida Friend's input. Ultimately, the buyer and buyer's agent were fed up and began to play hard ball in return, thus, nickel and diming the seller in return.  As a result, the seller created a negative and hostile environment based on 'opinions' that were not applicable in their transaction. Thereby, degrading, what was originally and should have been a 'picture perfect' experience. Whether, the seller realized it or not, the Florida Friend cost the them more than just serenity.

Once, you begin or are in contract do not assume your buddies tactics are applicable to your transaction. Do not assume every professional or party to your transaction is trying to take advantage of you or has ulterior motives since your experience is not correlating with your friend's. All of these people and professionals hold the keys to a successful transaction which is what you really want.

TRUE STORY:  A buyer consulted with a friend about how to negotiate pre-agreed upon monies (seller concessions) during their initial offer to a seller. When the buyer advised the real estate agent of their negotiation tactics the agent told the buyer that it was not customary in this case and could cost the buyer a loss they would not be able to legally recoup. The buyer insisted on going with the friend's advice. Two weeks later, the buyer realized they gave up $2,000 needlessly based on their friend's advice. When the buyer asked the seller to renegotiate their $2,000 mistake the seller laughed and was in no way legally obligated to do so. Thus, the buyer, needlessly left $2000 on the table, or in other words, their friend's advice cost them $2000.

Moral of the story: some people have enough information to be dangerous.
 
 
 
 
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LOOK AT ALL THAT COMMISSION!
The topic of real estate commissions is a contentious subject from all points of view in real estate. Greed and myths abound around commissions. Sellers, buyers, builders and agents have a lot at stake when it comes to commissions. A few of my favorite quotes I've heard repeatedly over the years about real estate agents, "Look how much money he made on the HUD!" and, "He didn't do anything but unlock the door" or "Isn't it your job to show me houses?"

Real estate agents are independent contractors with brokerages and work on contingency only. They are not salaried nor compensated for any of their overhead. There are no 'expense accounts' in this business. The agent pays ALL EXPENSES associated with their business just like any sub-contractor and are taxed by the government as self-employed at a higher tax rate. A real estate agent is not an hourly paid position and no 'tools' of the trade (gas/leads/dues/fees/print/mls/auto/etc...) are provided or paid for by the brokerage. By working on contingency, the agent assumes the risk by fronting all their time and monetary investments in hopes of fully procuring a deal satisfactory to all parties as evidenced by a successful closing. On average, an agent, will work  3-6 months for a client before seeing one dime in return for services. And, if for some reason the client doesn't 'close' on a transaction the agent isn't paid a penny or reimbursed for expenses. The commission on the HUD is not paid out to the agent, it is paid out to the brokerage. The brokerage then takes it's cut (typically 30-50%) and cuts the agent a check for the remaining balance. From that remaining balance the agent splits with their team/partners, if applicable. What's left the agent operates their business, pays taxes, insurance, mandatory dues, licensing fees, and invests their greatest commodity...TIME. Real Estate is not a get rich quick scheme and successful agent's make their money on volume. Not your one time closing. Statistically, 80% newly licensed agents will be out of business within the first two years of licensure. 86% of the 20% remaining will be out of business within the first five years. Why? Because of the tremendous amount of overhead and time required to be successful in this extremely competitive business.

Let's look at a typical $150,000 one sided transaction that from beginning to closed last 3 months. If you wonder why it's hard to find a good real estate agent. Just look at the math.

Net Commission:  $4,500
Check to agent:   $2,925
Gross Commission after Expenses & Taxes: $1,387
Compensation per hour on a typical transaction $11-$12 hour (120 hours invested)

Would you be willing to tour guide someone around the city for 90 hours, at your own expense and volunteer time, to see homes they can't or won't buy? Or, invest time & marketing at your own expense to sell a home for a net commission of $1500? People who are serious about their real estate want a serious real estate agent. Ask, yourself, 'If the agent is so haphazard with their own money and time how will they be with mine?'

It is important to note, that the federal Anti-Trust Laws prevent real estate commissions from being fixed. Each brokerage and agent will offer different commission scales and amounts depending on their services rendered and level of expertise. Don't assume if you pay top dollar you'll get top dollar service and remember you get what you pay for. I've seen many consumers loose, literally, tens of thousands of dollars as a result of discounted commission services versus paying a higher commission to an experienced agent that would have saved themselves thousands of dollars. I've, also, seen consumers pay painfully high commissions to an agent who can't be bothered to return phone calls and ultimately decide they could have gotten better service out of monkeys. Either way, the customer must be the judge and BEWARE. Get references and ask questions but don't let the 'commission' amount be your sole determining factor in who to hire. Good service doesn't just happen, it's a result of significant invested capital and time. Professional and experienced real estate agents have enormous overhead to ensure 100% customer satisfaction in an industry that is 7 days a week and governed more than terrorism with constantly changing laws and regulations.

 
Seller's Remorse 02/04/2012
 
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Periodically, a seller thinks they want to sell their house and then gets cold feet, reasons for moving fall through or they just change their mind for whatever reasons and decide they don't want to sell. This remorse can occur during the middle of a contract with a buyer and/or during the listing agreement with an agent. Buyers and agents have very little empathy for a seller who waste a lot people's time and investment. Since, real estate is unique, seller's can be sued for specific performance by buyers in contract or their listing agent for commissions. It's best to avoid the situation all together. Don't list your home for sale unless you plan on selling it. It is pointless and rude to do otherwise.

Here are a few things to consider:

1. Have strong reasons for selling. It's all fun and games until it's time to sign on the dotted line. The agents and potential buyer don't find it humorous when a seller changes their mind at the eleventh hour. Make a pro's and con's list then decide whether it's best to sell now or wait. Do this before signing a listing agreement and putting the for sale sign in the yard.
2. Have a plan A and B if your home sells and you are not prepared for your next move or your reasons for moving fall through. Buyers rightfully assume you know where you're going and have a plan and don't consider this their problem in negotiations or closing.
3. Don't list your home to 'test the market.' Your listing agent spends a considerable amount of money and time investing in your home to sell and they don't get compensated until it does. The buyer(s) fall in love with your house and start dreaming of their family making a home there. It's just not right to play with people's time, money and hearts on your whim.
4. Don't forget your original reasons for wanting to sell. Odds are you'll come back to wanting to sell again in the future and do you really want to go through all this again? Pull your pro's and con's list out from #1 when the finality of the sale hits and brings up feelings of long emotional ties.

If a seller changes their mind once in contract, it can be risky. Assuming the buyer does not default and continues to be willing and able the seller can be sued for specific performance. Whether or not the court ultimately makes the seller sell is irrelevant if a lis pendens is filed by the buyers attorney and the seller's title  is now non-marketable (can't sell/refinance) many years while tied up in civil court. A seller changing their mind mid purchase contract can have serious financial consequences and legal advice should be sought immediately.

The mass majority of sellers, just like buyers, have a fleeting moment of remorse (who wouldn't it's a big transaction) but avoiding sellers that leave claw marks before letting go should be a priority. Consider if this is really how you want to purchase your 'dream home.' There is no 100% guaranteed way to prevent it but here are a few potential red flags of seller's who are possibly already beginning to struggle with seller's remorse:

1.  There seems to be no good reason the house hasn't already sold.
2.  Difficult to schedule showings. 
3.  Unrealistic expectations and irrational contract negotiations on behalf of the seller.
4.  Grossly overpriced.
5.  Agent(s) mention they are very difficult to work with.

 
 
    Before making any major improvements to a home, I ALWAYS invite all my customers to complimentary consult with me prior to spending any amount over a couple of thousand since most improvements will not improve value let alone return money on the investment. As a Realtor, the most frustrating thing for me is to go into a potential listing appointment only to disappoint the homeowners by informing them their improvements have not added value to the home. And, I always get the same response, 'But, the salesman said it would improve our home's value.' Homeowners need to beware that what the salesman at the home improvement store says and the reality of the value added in a real estate market most likely won't coincide. 

    Although there are many improvements that will make your home more appealing to buyers it is important to understand they won't improve your home's value. Improvements, such as landscaping, bring zero value on an appraisal, since, the next homeowner might not have a green thumb and it could die. Pools are strictly for your families enjoyment. You don't demand a refund after a trip to Disney World don't expect much in terms of added value to your home. In regards to upgraded carpet, no where on an appraisal does it give value for $65 yard versus $15 yard. It has more to do with what is expected in regards to flooring at the home's price point. Installing piers to your home will not improve the value since it is seen as a requirement. Some improvements will be strictly for your enjoyment, some will add intrinsic value, some will be required and some will improve the value of your home.  How much added value is to be determined.
 
 
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First, the key factors you do and don't control. The seller controls the property's condition and price. The seller doesn't control the competition, previously sold homes nearby, whether or not it's a buyer or seller's market nor interest rates. Understanding the key market factors and the proper balance of these factors will expedite your sale. SOLDS… is the single greatest factor affecting value. Neighborhood desirability and recently sold homes is fundamental to a property’s fair market value. COMPETITION…Buyers compare your property against competing properties and buyers interpret value based on SOLD properties. TIMING…The real estate market may reflect a seller’s market or a buyer’s market (current market conditions). Market conditions cannot be manipulated; an individually tailored marketing plan must be developed accordingly along with intelligent list pricing. CONDITION…Property condition affects price and speed of sale. Optimizing physical appearances and advance preparation for marketing maximizes value such as staging. TERMS...The more flexible the financing, the broader the market, the quicker the sale and the higher the price (current market conditions are the exact opposite with very restrictive lending practices). PRICE…If the property is not properly priced in regards to condition & location then a sale may be delayed or even prevented.

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Your home has the greatest opportunity to sell when it is first listed. It is very important to price your home at competitive market value at the time of listing. Your property attracts the most activity from the real estate community and potential buyers within the first 2 weeks on market. There are existing willing and able buyers in the market waiting for the right home to pop to purchase. These buyers and/or their agents have set up automatic notifications to be alerted the minute a home meeting their criteria hits the market. These buyers and their agents are already familiar with the market pricing. If they see yours is priced well over the competition you will be perceived as unrealistic and difficult to deal with and thereby they hit 'delete' and move on to the next property. Remember 86% buyers identify their home online before viewing in person.

The higher you price the home from fair market value the more potential buyers you've eliminated.

Absolutely no seller willingly walks away leaving money on the table but statistically and historically the longer a property sits on the market the less money a seller will net from the home's true market value. Discuss with your Realtor what is enough negotiating room versus over pricing. Don't make the following pricing misconceptions when determining what price to list your home at:

1. What you paid for it.
2. What you need.
3. What you want.
4. What your neighbor says.
5. How you think a buyer might try to negotiate with you.
6. What it cost to rebuild.
7. That the cost of your improvements will be bring dollar for dollar in value to your home.
8. What another agent says (known tool of the trade to take over priced listings to generate other business).
9. What a previous refinance appraisal and/or personally obtained one says.

Consider this last thought, would you rather be turning down offers or not getting any? Remember....Buyers and Sellers determine value. The value of your property is determined by what a Buyer is willing and able to pay and a Seller is willing to accept. Buyer's make their pricing decision based on comparing your property to other similar sold properties in the area.
 
 
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First, for those who think a non-stop barking dog is a happy dog and it's your right to inflict a constant disruption of peace upon your neighbors , stop reading here because my post is going to be disagreeable to you. Thus, please skip to the bottom of this post and press play on the YouTube viewer.  Turn your volume up on your computer and let it play ALL DAY and NIGHT and no you can't mute it during your phone calls, while reading a book, sleeping or during your favorite tv show. It must play non-stop. If you admit there is a problem, please seek the help of an expert trainer, or non-profit animal organization. There is a solution and my hope is your neighbors won't have to 'enforce' the laws and ordinances. Lastly, your dog isn't happy. He's lonely and miserable that's why he barks all day (and night).

Next, there is not a 100% sure fire way to avoid the neighbor with the nuisance dog.  If you haven't purchased the home yet, speak with the neighbors about this and other issues that only those near by the home would be familiar with. But, even after you've cleared that hurdle and lived in peace for years, oops the owner who claims to 'love' their dog and doesn't 'understand' why everyone is picking on their 'Fido' moves in. 

Unfortunately, there are no socio-economic statuses or neighborhoods that are above the nuisance neighbor with their unremitting barking dog(s). What this means is rich or poor, old or young, religion or not, college grad or high school drop out it can be a hideous problem anywhere at any time even in the neighborhoods you least expect it. Most cities and HOA's have ordinances/covenants against this but require a commitment on behalf of the harassed neighbors to pursue enforcement.  I encourage friendly neighbors and behaviors. I like to believe this issue can be worked out between amicable adults without 'enforcement.' However, if that doesn't work check with your HOA and/or city to see what can be done and what your rights are. Everyone deserves their right to enjoyment of peace.

Here is the City of Oklahoma City's take on this issue:

Barking Dogs can lead to fines. According to City Municipal Code, it is illegal
to allow any animal to continuously bark, howl or otherwise disturb the peace.
Officers can issue a citation to the owner if a citizen is willing to sign a
complaint for allowing an animal to bark continuously. Certain conditions must
be met in order for the owner to maintain custody of the animal. The violation
of these conditions shall be cause for a citation and may result in the
impoundment of the animal.

If you would like to report a violation of this ordinance, call (or click below) the Action Center at 297-2535, Monday through Friday (closed holidays) from 8 a.m. to 5 p.m., or contact the Emergency Operations Center at 297-2255 when the Action Center is closed. Be sure to give the address at which the dog resides and the time of day/night during which the dog is
allowed to bark continuously. http://www.okc.gov/action/OnlineServiceRequest/Forms/EnterRequest.aspx

 
 
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We've been shaken by a 4.7, 5.6, and 4.7 to include about 25 in between 'little' ones within the last 5 days. We're not built for earthquakes and our homes/structures are far from meeting earthquake engineering standards. Thus, many people are looking into earthquake insurance. I've had many clients asking if they should get it. Be clear, only you can assess the risks versus the cost and come to that conclusion. However, I'm getting it. Why? Because, the cost is low enough and earthquake prediction is far from being an exact science. I read that prior to these recent Oklahoma big earthquakes the USGS database showed there was a 3.204% chance of a 5.0 or bigger earthquake hitting within 31 miles of Oklahoma City within the next 50 years. A 5.5 they had has less than a 1.303% probability within the next 50 years. Hummmm.......

According to the OGS prior to 2009 Oklahoma experienced far less than 50 earthquakes a year at best (most years since records have been kept less than 2-5 per year). In 2010 there were 1,047 according to Leornard Geological Observatory in Leornard OK. As of November 2011 it seems we're going to pass this amount. We've had more than 80 earthquakes in just the last 30 days. Although, there are theories as to why there is a dramatic increase in seismic activity in Oklahoma, such as fracking, still the experts are currently explaining this recent seismic activity as 'normal' in the overall billion years history of the earth. Up until the last couple of years the Seminole Uplift also known as the Wilzetta Fault, the Nemaha Fault and others such as the Meers Fault haven't been heavily studied like the Pacific Ring of Fire. Mostly due to inactivity and/or necessity. Thus, I've come to the conclusion the 'experts' do their best but don't really know why we're having such a dramatic increase in activity here in Oklahoma. I, personally, want earthquake insurance just in case. Based on what I've read about the New Madrid Fault, our friends just east of us should consider it too.

Be forewarned, typically residential earthquake insurance comes with minimum 5-25% deductibles (avg 15%). With such large deductibles it could take a catastrophic event to pay. As always, you're betting against the insurance company. However, what problem do you want to have?  According to the Insurance Journal prior to these most recent earthquake events only about 1 percent of homeowners in Oklahoma carry earthquake insurance. The top five residential insurance carriers of earthquake insurance in Oklahoma are: Travelers Group, American International Group, State Farm Group, Zurich Insurance Group, and Liberty Mutual Insurance Group. According to my Liberty Mutual rep, as of Monday afternoon, November 7, 2011 Liberty Mutual has put a 30 day moratorium on new earthquake policies. I haven't heard of anyone paying more than $100 a year (max) for earthquake insurance here in Oklahoma City. For less than $9.00 a month, I'd rather have it than not, even with an enormous deductible. Call your insurance agent and get quotes, even if they have a moratorium in place, and decide if you want it or not.