Whose Responsibility IS Property Maintenance?

House for Sale in RosewayThere’s been some pretty good discussions popping up lately on the subject of maintenance on homes that are listed for sale. Wether it’s maintaining the stock of flyers in the flyer boxes, putting the price on those flyers, or the actual maintenance on the property for sale, I’m sure there are strong opinions on both sides of the equation and hopefully this post will bring some of those opinions to light.

In this scenario, we’ve got a listing that has been on the market for approximately six months, and in that time, nobody has done any upkeep to the property.  The situation is similar to one that I discuss on my Roseway Neighborhood site in that the lawn has now turned into a field of weeds that is literally 2 feet tall (see the image to the above right).

What makes this scenario a little unique is that it happens to be 2 houses down from my house which we’re in the process of doing a complete remodel on.  So, as I was outside  the other day admiring the new front porch and walkway that the contractor had just finished, one of the neighbors struck up a conversation which eventually led to the discussion of the property for sale on the corner.

During the conversation, the neighbor brought up some good points about the mosquitos that seemed to be breeding in the jungle that was once a front yard, and that it would all be dying soon due to the heat wave that is currently hitting Portland and could be a potential fire hazard.  Both valid points.

After expressing our general thoughts about the property, the neighbor says “I’d mow it myself, but I have a little electric mower that just isn’t powerful enough to tackle something like that”. Then he turns to me with that “I know you have a massive gas powered beast of a mower” look on his face.  At first I thought to myself, “just mow the damn thing and get it over with” but that thought faded away about as quick as it came to me.

You see, I believe that in cases where the property has been vacated prior to taking the listing, that the listing agent needs to be ready to deal with this as it becomes a problem.  So, being the problem solver that I am, I told the neighbor I would get in touch with the listing agent and let her know it was becoming a problem to the surrounding neighbors.

Here’s what I wrote on her “contact us” form (since there was no email address on her website) yesterday:

Good morning!

I know that this listing on NE 74th is probably a short sale/REO or whatever, that you don’t want to put much effort and $ into marketing…  but I’m wondering if it would be helpful to at least spend the $25 or so to have someone mow the field of weeds that used to be the lawn?  In another week or so, they will be taller than the flyer box on your sign post!

Almost daily we (the surrounding neighbors) see people walking or driving by, who stop to look at it. But, judging by the look on their faces, they’re less than impressed with the maintenance of the property and never even take the time to look at it more closely.

I know you may be thinking… “if it bothers you guys so much, you should just mow it yourselves” but after discussing it we decided to contact you, the listing agent, instead because it’s not OUR job.

Thanks in advance for taking care of this in a timely manner.

-Jeff

Here’s the response that I got in my inbox today (minus the agent’s contact info and gargantuan “Oh by the way… ” mumbo jumbo at the bottom:

Hi Jeff – we received your note and appreciate your concern. This home is indeed a short sale and the seller has no funds to maintain it. In all honesty, the inside is worse than the outside! And unfortunately maintaining the property is a seller/owner responsibility. Our role is to keep this home from going on the auction block. We have multiple offers on the home and are working with the seller’s bank to get an approval and we hope to see this close in the next 30 days.

We run roughly 35 short sale listings at all times – these are very time consuming, labor intensive properties and they take anywhere from 3 months to over a year to get an answer from the banks. When that answer comes – with it is always a reduction in what they are willing to pay for commissions to the Realtors. In addition, by the time the answers come – there always seems to be a gap of what they are willing to accept and what the offer will net them…again that generally ends up being deducted from the Realtor’s commission in order to get these to close. By the time these homes sell and we’ve paid everyone on our staff who have worked on these – we’ve made very little, and in some cases – nothing. What that means is that there’s no money in our budget to do any maintenance on these properties and that’s why we’ve not had the lawn mowed ourselves as you asked about.

There are so many homeowners in distress right now and our goal is to help as many as we can get through this and back on their feet again. Having a successful short sale means that this home owner has the potential of getting creditworthy again in 2-3 years, rather than the 7 years a foreclosure will hurt him. It’s kind of our own private mission to help put some balance back in the Portland Real Estate market again.

If you could please be patient for a short while longer, you will hopefully have a new neighbor soon who will get that property cleaned up again. Please feel free to check back in with me with any other concerns or a status if you’d like.

Thanks.

Not a bad response.  A little more detailed than what I was expecting, but then I remember that this agent has no idea who I am, since I had to use the “contact us” form and couldn’t email her directly.

The part that gets me going is when the agent says “unfortunately maintaining the property is a seller/owner responsibility. Our role is to keep this home from going on the auction block.

Is that really the role of the listing agent?  Kinda weird, because I thought the listing agent’s job was to market and sell the property.  Now I know the agent has a point, since it is a short sale, there will be reduced commissions, blah blah blah…  BUT, if that’s the way you truly run this part of your business, WHAT’S THE POINT?

See, here’s the deal… (this being MY opinion on the subject)  When you take a listing, and stick that sign post in the ground, you’re basically saying “I represent this property” “My company represents this property” and I was raised from a young cub with the notion that if I’m going to put MY name on something, it better be good.  It better look as good as possible. It represents who I am, how I run my business, MY values and those of MY BROKERAGE.

So, I ask my readers this – what are your thoughts on this subject?  Do you spend the $25 every couple months to maintain a property like this?  Or am I completely out of line in my thinking?  I would love to hear your thoughts…

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7 thoughts on “Whose Responsibility IS Property Maintenance?

  1. Great topic, Jeff!! This is a huge concern for distressed properties all over the country and I think both you and your neighbors as well as the listing agent have extremely valid points. If I were you, I would just mow the dang lawn and make yourself feel better about your neighborhood in general.

    What the listing agent needs to do is focus on other products that could help her move these properties more quickly. That way she would have more money to invest to properly market these homes and she wouldn’t have such built up inventory that she felt overwhelmed by her portfolio. Waiting for a cash buyer or waiting for the bank to approve an offer that includes thousands of dollars in repair costs is time consuming and tedious. No wonder the yard is such a mess! This agent needs some serious coaching on 203K loan!!

    We see these types of projects all the time at Bank of America and we recommend FHA 203K rehab loans. This allows the property to be sold AS IS and allows us to finance the repair costs to the new buyers. Generally, the presented offers to the bank can be stronger because we allow the borrowers to utilize financing and take advantage of the after improved value of these homes. They don’t have to do an all cash offer or try to negotiate the repair costs into the bank deal. Short sales or foreclosures, the 203k loan is a great option for borrowers and agents.

    Just my two cents! Have her give me a call… :)

  2. Hey Kahren, long time no see…

    The 203k is an awesome product. We just used it to do the full remodel on our house! During the appraisal process I kept thinking “please don’t let that house on the corner sell”. It’s a good $100k below the rest of the houses around it…

  3. It’s ironic because, as you know, I have a sale that is in quite poor condition inside and out. When you said, “the notion that if I’m going to put MY name on something, it better be good. It better look as good as possible. It represents who I am, how I run my business”… I cringed slightly.

    The reality is that my job is to execute the sale based on the goal of my clients. If they are looking for the highest $ possible, we discuss staging, the importance of showing conditions, and the kinds of improvements that will create emotional buyer response.

    If however, netting the highest $ is not necessarily the goal of every seller. Sometimes the goals are around a quick sale or one that creates minimal hassle, or limits the amount of cash they have to invest to prep the home for sale. Obviously, the pricing and market strategy is adjusted to accommodate that goal.

    My current listing is positioned as a fixer. Photos will be minimal and not of my usual caliber. We’ll likely sell it in a few days with multiple offers.

    So what is the net brand impact here? Granted, my sign won’t be languishing in the yard for weeks at a time. But no one will walk through thinking – “Linsey, boy that gal knows how to stage a home.” ;)

  4. Good points. Aaron here in our office said basically the same thing… Knowing what you’re getting into and setting the expectations (on both sides) going into these listings is key. You expect to sell very quick. But, what if it doesn’t? What if it sits on the market for 7 months, 9 months, 1 year? Do you just keep letting it go to hell, or do you AT LEAST maintain it to it’s “as listed” condition?

  5. I already have quotes to have the yard addressed with my client’s agreement that if it hasn’t gone into escrow within the first week, the yard has to be address. The backyard currently qualifies as ‘forest-like’ – and not in the cool Oregon kinda way. ;)

    St

  6. Now that’s what I’m talking about… Hope for the best, plan for the worst!

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