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California Real Estate Transaction Checklist

What Real Estate Forms Are Required on a Transaction Checklist?

California Real Estate closing ChecklistAny reputable California real estate brokerage is going furnish their agents with a closing checklist with all the documents needed to complete the file. It’s important to note that what a brokerage requires and what is legally required are two different things. The California Association of Realtors makes additional forms that are designed to get the seller to disclosure more and reduce liability. Many brokerages add excessive forms to their transaction checklist because they don’t know any better. This creates redundant forms and unnecessary amount of paperwork. It’s our opinion at Balboa Real Estate that the broker should seek to cover the broadest spectrum for their clients while utilizing the least amount of forms. Basically, to create a transaction checklist that is extremely efficient.

So What Forms Should Be On A Transaction Checklist?

RESIDENTIAL STANDARD SALE CHECKLIST

OPENING DOCUMENTS
Listing Agreement (When Listing Agent)Buyer’s Pre-Qualification or Pre-Approval Letter (Optional)
Purchase Agreement & Attached Forms (RPA- Including AD-2, PRBS, BIA) Seller Counter Offer (SCO) – When applicable
Buyer Counter Offer (BCO – When applicable
Addendum(s) – When applicable
MLS Sheet – Full Agent Sheet
Receipt of Initial Deposit from Escrow
FHA/VA Amendatory Clause (FVAC)- When applicable
Wire Fraud Advisory (WFA)

DISCLOSURES & REPORTS
Agency Relationship Disclosure (AD) – Listing Firm to Seller (When Listing Agent) Agency Relationship Disclosure (AD) – Selling Firm to Buyer
Lead Disclosure (FLD) *if built prior to 1978*
Natural Hazard Disclosure Report
Natural Hazard Disclosure Statement/Signature page (NHD)
Real Estate Transfer Disclosure (TDS)
Residential Earthquake Hazards Report Signature Page *if built prior to 1960* Qualified Substitute (QS) signed by escrow or FIRPTA form (AS)
Seller’s Questionnaire (SPQ)
Agent Visual Inspection Disclosure OR Agent Inspection Noted on Page 3 of TDS.
Water Conserving Plumbing Fixtures and Carbon Monoxide (WCMD)
Statewide Buyer & Seller Advisory (SBSA)
Affiliated Business Disclosure Statement
Statewide Buyer & Seller Advisory Addendum (Optional but highly recommended)

INSPECTIONS, REPORTS, CLEARANCES, REPAIRS, ETC.
Contingency Removal (CR) (When Applicable)
Property Inspection Report (If no inspection use waiver – BIW) Buyer’s Request for Repairs (RR)
Seller’s Reply to Request for Repairs (RRRR)
Physical Inspection Waiver – If Applicable (BIW)
Termite Inspection (If no inspection use waiver – BIW) Termite Completion (If applicable)

TITLE & ESCROW
Escrow Instructions (Unsigned OK)
Preliminary Title Report
Home Warranty Plan Confirmation (When applicable)

CLOSING DOCUMENTS, TASKS TO COMPLETE
Closing Statement
Verification of Property Condition (VP) AKA Final Walk Through
Copy of Commission Check
Local Disclosures (When Applicable)
Any Additional Documents Used in Transaction

If you have questions or comments then please contact info@balboateam.com

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Does the Name of Your 100% Commission Real Estate Brokerage Matter?

Real Estate agents spend a lot of time comparing commission models, office amenities, and company policy when they consider joining a brokerage. Equally important is the name of the brokerage. Consumers have access to nearly all the data, so it is incumbent for agents to prove their value. Agents prove their value by building trust and credibility with their prospects. This brings us back to the company name. If you are a well-established agent, and your name is already very recognizable, then the name of your real estate brokerage takes a backseat your name. However, that is very rare, some tiny percentage of agents, much less than 1%. For the rest of us, the question will come up with clients, “what brokerage are you with?” These prospective clients are sniffing around. They want to know about your support system and if they are reputable.

So, you can choose a reputable name, like Keller Williams and be done with this, right? Yes, but you also are factoring in what the brokerage will charge you when you close a transaction. Let’s say you want to save the most commission for yourself, so you look at 100% commission model brokerages. This is a different segment of the brokerage world. Again, you will have to look at a list of companies, what they offer, and, of course, the name.  So, Balboa Real Estate fits the bill as a 100% commission brokerage, and we don’t charge monthly fees. We are partial to our name because rather than something generic, like “First Home Realty,” or something abstract like, “Cyber Broker.” The name Balboa is a California icon. In each county of California it has different geographic landmarks and meaning, it sounds familiar.

Agents often call our office because they heard we offer a 100% commission program and they like our name. That is the conversation starter. Agents join our company because our reputation gives agents the credibility they need to win over clients. Agents stay at Balboa because we offer great support and take care of them.

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Is a monthly brokerage fee worth it?

In some real estate offices agents have to pay a monthly brokerage fee. Not every realty brokerage charges a monthly fee to its agents. For example, Balboa Real Estate does not charge its agents a monthly fee. Now, even though we don’t charge a monthly fee, we aren’t universally opposed the concept of charging a fee in certain circumstances. Some real estate agents like to hang around an office. If you like to go down to an office, and jump on the company wifi with your laptop, as you drink a Keurig coffee, sitting in an auxillary desk, under an AC vent, as your print out an email, then a monthly real estate brokerage fee is indeed intended just for you. Also, you should happily pay it, because all the overhead created by the office ammenties you like to utlilize cost the company money.

Real estate brokerages that offer the “100% commission” model have a thin profit margin, so they must be careful when budgeting. The understanding is that the monthly fee is in place to help cover the overhead, ideally a break even. All the charges to an agent’s commission should be added revenue, to pay salaries and such. Balboa Real Estate offers 100% commission, a low flat fee per transaction, but no office to hang around. The reason is that we did have an office – for years- and it was barely utilized. Why was our big beautiful office not utilized? The answer is that it’s more convenient for agent to meet the sellers at the listings, buyers at the prospective properties, and conduct research/paperwork from their computer than to drive out of the way to our office. Agents that keep busy and focused know this, and many see no point in paying a monthly fee for an amenities that they do not use. Agents like this come to Balboa Real Estate for 100% commission, our broker supervision, and not our office.

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Is Errors and Ommission Insurance (E&O) Insurance Required?

Many agents ask if Errors and Ommission Insurance (E&O) insurance is required by law. A real estate broker, once licensed by the Department of Real Estate, can broker real estate sales without E&O insurance. They aren’t required by law to have a policy, but any legitimate professional would not conduct business without E&O insurance. So, while an E&O requirement isn’t enforced by the state, it’s still an unoffical requirement to properly conduct real estate brokerage. The implications of listing and selling real estate without E&O insurance are catastrophic. Also, clients deserve to have an agent that is insured.

Now, since we have established that E&O insurance is needed, let’s talk about cost. If you are a lone or independent broker you simply need to call an insurance company and tell them that you need a policy and they will send you a quite for hundreds or maybe thousands of dollars (based on your sales volume) for a year-long policy. For most agents that hang their license with a brokerage, the company has a blanket policy that covers the agents. Every type of transaction, residential, commercial, agent-owned, dual agent, sales price….you name it, affects the cost of the company’s E&O insurance policy. Most companies pass this fee on to the agents in the form of a per transaction risk assessment for, or some sort of charge assessed randomly.  Either way, agents have to come up with money to pay a fee for E&O Insurance. This is one important way that Balboa Real Estate is different than other real estate brokerages. Our E&O insurance is included in our transaction fee. This means that agents do not have to pay anything additional out of pocket for E&O insurance. It’s included in our flat fee plan. So, if you want to avoid paying an E&O insurance fee then join a brokerage that pays it for all the agents, might we suggest Balboa Real Estate?
Learn more about Balboa Real Estate’s 100% commission plan here. 

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What is a non-independent broker escrow company?

Have you heard of a non-independent broker escrow company, also known as a broker-controlled escrow? These are different from other escrow companies, and I’ll explain the difference. To conduct escrow business in the state of California, you must have a license. Interestingly, there are three different types of licenses that allow you to perform escrow. The reason there are three is because there are three different licensing bodies that oversee escrow activity.

  1. The Department of Insurance.
  2. The Department of Business Oversight.
  3. The Department of Real Estate.

Naturally, one license is harder than another to obtain. The Department of Insurance license is basically for title companies that have escrow divisions. This is an expensive and very regulated license to have and maintain. My personal opinion is that title companies are the safest places to have escrow conducted.

The Department of Business Oversight is for independent escrow companies. For example, let’s say an escrow officer that worked at a title company wanted to start her own escrow company. She could start an independent escrow company by obtaining a license through the dept. of business oversight. She would have to show 5 years of escrow experience for her escrow manager, maintain liquid asset reserves, pay into a surety bond to protect consumers, and have her financials audited, among many other screening mechanisms designed to maintain safety standards for the escrow company.

So where does the non-independent broker escrow fit in? A non-independent broker controlled escrow is licensed by the Department of Real Estate (DRE). However, there isn’t a special escrow license issued by the DRE. The license needed to conduct escrow is just a real estate broker license. This means that if you are a real estate broker you can open up an escrow trust account and, just like that, have an escrow company. While the the other types of licenses require all sorts of protections, assets, and audits, you can skip that as a non-independent escrow company. To be clear about how low the barrier of entry is, a real estate broker can file a “doing business as” (DBA) name i.e.. “Wild West Escrow – a non-independent broker escrow,” with the Department of Real Estate, then open an escrow trust account, and they are now ready to accept your wire transfers. This real estate broker is now in complete control of an account with people’s life savings swirling around in it.

What happens if an escrow officer makes a mistake at an non-independent escrow? Let’s say the escrow officer accidentially wires the seller’s equity money to a fraudulent account – it happens – then what? Does the non-independent escrow company have cash reserves to remiburse the seller- provided they would even be willing? Because there is no requirement to have reserves. Remember, a broker licensee started this company by registering the name and opening a business/trust bank account. However, there are zero guarantees that if something goes wrong they will have the means to fix it or even the obligation if they did.

A personal contact confided that she sold their home with a non-independent broker escrow and their sale proceeds were wired to a fraudulent account. She went after the escrow company and they settled for pennies on the dollar.

Additionally, escrow is supposed to be a neutral third-party. However, if one of the brokers in a real estate transaction controls the escrow and represents one of the parties, then that is a conflict of neutrality. The other party is supposed to trust that the other party’s broker will conduct escrow in a neutral manner.

A non-independent broker escrow company should always be avoided. Considering that credible, safe escrows are often cheaper and easily accessible, it’s extremely poor judgement to settle for a non-independent broker escrow company . We highly suggest using a title company for title/escrow because it’s safe and efficient. Second to that, an independent escrow company licensed through the Department of Business Oversight.

 

 

 

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Are Agents Required to do an Agent Visual Inspection Disclosure (AVID)?

There is a lot of confusion around filling out the cumbersome Agent Visual Inspection Disclosure (AVID) form. California Civil Code 2079 requires that an agent must conduct a reasonable competent and diligent visual inspection of real property in order to disclose to the prospective buyer and material facts affecting the property’s value, desirability, and intended use. Agents do not have to inspect:

  • Areas not reasonably accessible; 
  • Areas off the site of the property; 
  • Public records or permits concerning the title or use of the property; or 
  • The common area if the property is in a common interest development 

Since we know that California law requires agents to performs a visual inspection, we will determine what document to use.

First let’s establish what is a “material fact” from other facts, since that is what we agents are expected to disclose.

An online legal resource defines material fact as: A fact that would be important to a reasonable person in deciding whether to engage or not to engage in a particular transaction. Based on this definition, many cosmetic issues, like scratches on wood, for example, would not need to be mentioned. In fact, what if there are no material facts to disclosure? Do agents still have to do a disclosure? The answer is yes.

The good news is that there is a place in the transfer disclosure statement (TDS) Sections III and IV for agents to fulfill disclosure duties.

If there are more material facts to disclose then an AVID form can be used to give a more comprehensive account of the inspection.

If you don’t have access to an AVID form then you can you use a substitute form.

In no case should an agent leave the visual inspection section of a transfer disclosure statement empty and not do any other form. If this happens, and a buyer is adversely affected by a material fact that was missed by the agent then that buyer may pursue the agent for negligence.

 

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Can Agents be Paid Directly from Escrow?

We are often asked if real estate agents can be paid directly from escrow.

The close of a real estate transaction often marks the culmination of months of work to earn a commission. Naturally, agents want to be paid that commission as fast as possible. Any reputable company has requirements to be met before the agent is paid. Namely, that all required documents are in the file. At Balboa Real Estate, we want agents to be paid as soon as possible. Our corporate office is in San Diego Cuunty, but we have agents all over the state of California.  Therefore, it will save agents a couple days if agents are to be paid directly from escrow. If an agent has a complete file with all required paperwork on or before closing, then we will send dibsursement instructions for escrow to pay the agent their portion of the commission directly.

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How To Keep 100% of Your Real Estate Commission

The phrase “100% Commission Real Estate Brokerage” has been a popular trope for about 10 years. 100% Commission has taken on the meaning of a low-cost brokerage, typically where a licensee pays a small flat fee to the broker and keeps the rest of the commission. There are variations, but this the general idea.

It can be argued, from a purist standpoint, that 100% commission isn’t truly 100% commission because if a licensee has to give even $1 to the brokerage then it’s not a true 100%. While the term may not be a full 100% to the purist, it is very close to 100% and still far better than tradition brokerage splits.

However, there is a caveat to all this. A clever licensee can structure a transaction to where they keep the full 100% commission and not a penny less. I will show you two ways to make the broker fee a pass-through cost to the client so that they pay the broker fee rather than the licensee.

The first is on a listing agreement, when the licensee is a listing agent. Since there are variations of the transaction fee paid to the broker, we will use $500 as an arbitrary number for our example. Paragraph 3 of the listing agreement is where the licensee will put the listing fee percentage that is being charged. After the space for listing percentage there is the word “AND” with another blank space (see image below). In that space the licensee will put the amount of their broker fee. In the case of $500 the licensee can write something like “$500 broker processing fee” or “$500 brokerage administration fee.” This will cover the licensee’s transaction fee and allow the licensee to truly keep 100% commission.

100% commission real estate brokerage

The other way to truly keep 100% of the real estate commission is with the purchase agreement. Paragraph 7  is the allocation of fees. Section D, lines 8 and 9 are generic blank lines where the licensee can check a box for the seller or buyer and then write in a fee. In the case that the licensee is representing a buyer they can write check the buyer box on line 8 and then write $500 “processing” or “administration fee” to Balboa Real Estate.

This will ensure the buyer pays the licensee’s broker fee thereby allowing the broker to keep 100% of the commission.

If you want to learn more about a 100% commission real estate broker that services all of California then please contact us at info@balboateam.com

 

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The Best 100% Commission Real Estate Plan

With so many different 100% real estate brokerages in California,  agents often wonder which company has the best plan? It’s been our goal at BalboaReal Estate to create a flat-fee-per-transaction-inspired commission model that allows full-service real estate agents to pocket as much commission as possible. Our company started in 2011, and in that short time we have tested just about every low-cost commission option for real estate agent. The goal was that despite agents keeping more money, there would be no compromise on the service. On the contrary, the expectation is that our 100% commission plan is a reward only available to deserving agents that offer excellent service to their clients. In turn, we offer excellent broker support to Balboa Real Estate agents.

As mentioned before, 100% commission is not all the same. Basically every company has their own take on what that is. Many companies charge a monthly fee; we do not. In fact we don’t charge any sort of application fee, initiation fee, risk management fee, E&O fee, desk fee, franchise fee, or other fee. We just charge one simple flat fee per transaction. This begs the question: what is Balboa Real Estate’s flat fee per transaction? The answer is simple: 10 basis points of the sales price. Written another way, it is 1/10th of 1%. This means that if the sales price of a property is $500,000 then the broker fee is $500, that’s it, no other fees. Another example would be if the sales price is $800,000 then the broker fee is $800. You can multiply .001 times the sales price to find the broker fee. The licensee keeps the rest.

Real estate agents mught ask if this is the best 100% commission brokerage program. Our answer is unequivocally yes. An agent typically earns 2.5% of the sales price as the gross commission when it’s all said and done. This means that 2.4% goes to the agent. If the agent earns 3% then 2.9% goes to the agent. Some times agents will ask about transactions with the sales prices in the seven-figures. They notice that the higher the sales price the higher the broker fee. This is correct, however, it’s commensurates with how much an agent is earning too. If a licensee sells a home for $2,000,000 then the broker fee is $2000 while the licensee keeps $48,000 in a 2.5% commission scenario, or $58,000 in a 3% commission scenario. We sell a fair amount of homes in the seven-figure range and our overhead does increase with larger transactions. This is why we feel the “basis points” model is fair for the company and generous for the licensee. If you have any questions about this program please email admin@balboateam.com or CLICK HERE

 

 

 

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