Maui Real Estate Blog by Real Estate Agent Howard Dinits

Howard Dinits

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Who is Howard Dinits?

Who is Howard Dinits?



Howard is a bundle of energy always ready to talk story about real estate, technology and health. His philosophy is to “tell it ‘how it is' without any sugar-coating", so here it is!

Howard and his Assistant, who is also his wife, split their time on Maui and the Big Island. With homes on two Islands, Howard is able to help people with Real Estate throughout Hawaii. He draws on skills from previous experience as a mortgage broker, web designer/marketer, and a real estate investor to make him a top realtor in Hawaii. As a result of the 9-11 attacks, his trip to Boston was cancelled when planes were grounded. He traded his much needed "east coast vacation tickets" in for tickets to Hawaii and decided to make the Big Island his home.

Upon arrival to Big Island, Howard went to a Kona Realtor asking to see only properties he could easily afford at $85,000 or under. The Realtor laughed; so, he drove to the east side and found a great neighborhood in Puna with high speed internet, paved roads, mail delivery and water. Yes, within his price range. He also found a great lifestyle, loving people, and mostly, all the amenities of the mainland, yet with warm weather!

Howard's focus is having fun and living a healthy lifestyle. Howard recently discovered he had hereditary gout. This problem had been plaguing him for years. After his diagnosis Howard decided to educate himself so that he could rid himself of daily pain the natural way, without drugs.  

"So many people are living with it and don't realize what's going on! I will be happy to share all I have learned with anyone interested, because just knowing and treating it has given me great relief. I thought I was just going to live in pain for the rest of my life and I would have to deal with it, but it turns out, there are very reliable methods to preventing gout pain." Said Howard.

"The problem starts when uric acids build up in the bloodstream and crystalize in the joints and cause pain. The build up is caused from eating foods that are high in purines.  “No, no” foods are any shellfish, seafood, meats, legumes, lentils, or game birds as well as, oatmeal, cranberries, and asparagus! Can you believe asparagus?! Gout can be naturally controlled with regular exercise, relaxation, lots of water, cherries, hemp oil, and a vegetarian diet. Once under control,  ' no-no' foods may be consumed once in a while and the pain won’t “kill you."

With Howard's comments in mind, what is his 2010 New Year's resolution? He says it is the year to take "Mary & Howard" time; one hour bike cruises with no phone calls or business conversations, just pure relaxation. His wife, Mary is his best teammate because they have opposite skills and they complement each other.

Mary is in charge of office affairs and all the details behind the scenes as Howard works in the field. He has to be present to show homes, stay abreast of his education, not only for professional licensing, but to be on top of cutting edge technology. He has built premiere websites over the years, which connects both buyers and sellers with information and the ability to work directly with Howard Dinits. He says most websites are about the Real Estate agent's ego instead of providing quality photos and listings. Consumers want an honest and comprehensive response quickly and with the help of the Internet and email Howard makes it all possible.

Real estate websites today need to incorporate web 2.0 skills. On Howard’s sites you’ll see virtual tours, streaming video, daily news, things to do, neighborhood and relocation information. High quality photos are crucial, Howard uses a wide angle lenses, proper lighting and staging to show the property in it’s best light.  A detailed description including driving directions is vital as many consumers find it easier to drive by a home first before deciding to ask for a showing. Listing the home at the right price gets showings, calls and action on the property - many times it can even get multiple offers!  Speaking of listing price, Howard's other philosophy is to attract attention to the property and he requires  sellers to come up with a figure which does not end in zeros to make their property stand out.

To prove the results of these ideas, Howard tells a story. "...a listing very recently, a lady had a home on the market for a long time. Wondering why it didn’t sell, she researched who was selling homes and found me because most of the  SOLD listings had my name on them. She gave me the perfect opportunity - to some, maybe impossible, but for me it was a challenge. She was willing to play the price is right with the numbers. The only thing was I had 90 days to sell her property. Quickly, I started marketing the home." (....Unrelated, but fortuitously, a computer illiterate man calls because he wrote Howard’s number down while clicking away on his new computer and couldn’t figure out how to get back to the website and search for homes....)

Howard continues, "I ended up personally helping this guy who knew nothing about computers learn how to do a property search by actually going to his home in Lahaina, made his home page www.BigIslandRealEstate.com and showed him how to shop for homes online. I had no idea where this would lead; I was just responding to a buyer inquiry.  Later that week, he flew in to Hilo to look at homes for sale, including the 90 day listing!  I knew shortly after arriving at my new listing, by his actions, that this home near the ocean was a complete match, so we went back to the office so I can provide more information about the home. In the office, I discovered he would not buy on his first day of looking, so I told him to go out for dinner with his girlfriend and made an appointment for the next day. It was risky, because he could go somewhere else, but he showed up on time and purchased the properly priced home on the 9th day of the listing."

New technologies Howard uses are:  a pocket video camera made by Kodak (Zi6) with a removable SD card to enable him to send videos to consumers or sellers or do a final walk through for his buyers. The retail price is $150 and he has used it many times. He recently videoed what a home looked like after the tenants vacated to show the messy conditions to convince the seller to pay for a cleaning service.

Another great technology is: text service available through an online texting service which sends detailed property information to folks interested in his listings. His 'For Sale' signs have a text area. The consumer types the text into their "internet enabled" phone and obtains immediate listing information including photos, price, links to his website, and other details. Meanwhile, 'the service' sends a message to him that the listing is being looked at and gives the phone contact of the person viewing it. He can then choose to call the potential client immediately to see if they would like more information or to schedule an appointment.

Supra Lock Boxes are another way to use technology. It is the most secure lock box available as it records each real agents name, license and phone number that shows a home. Howard can go online and track activity and follow up with agents after their showing without having to go out to the home to see who left a card on the counter!

In our closing, Howard wanted to stress his formula for selecting the best price and the importance of not showing a property unless it is at a positive. "Market Data or a Broker's Price Opinion is the best way of selecting a price. A full time real estate agent will have a better pulse on the market than an appraiser would, because appraisers are using data that is four month’s old. They don't know what is in escrow and won't know for a couple months. If you want to sell in today’s market, the list price needs to be at or below market value. The code of ethics state I cannot mislead a consumer on the value of a property, so I can not take over priced listings, and it is my fiduciary duty to explain what market value is to all potential buyers and sellers.

Howard has incorporated all of these talents and skills to propel himself to the top of his profession. He is the top selling RE/MAX agent on the Big Island and Maui. Howard has helped more people than any other Realtor, in the district of Puna in the years of 2007, 2008, and 2009. With his over 250 happy clients talking story about him and his honesty, integrity and hard work, Howard’s business continues to grow on both
Maui and the Big Island. Via word of mouth he expects continued success throughout 2010 and beyond especially in the Kihei, Kahului, Wailuku, and Wailea areas. Howard owes all of his accomplishments, to his wife Mary for all of her help and understanding of the amount of time and energy that is required to be the Best of the Best.

November 2009 Maui Real Estate Statistics

November 2009 Maui Real Estate Statistics

November's Sales Volume – Residential Sales dipped slightly from October, however were
the second best month of the last 12 months. Condo Sales rose in November to 69 units and Land sales rose to 17 (including 5 Mixed-use lots in Maui Lani Village Center).

November's Median SALES prices for Homes slipped to $465,000 while Condos remained steady at $400,000. Land bumped up to $450,000.

Days on Market for Residential homes = 168 DOM, Condos = 192 DOM, Land = 284 DOM.
(General DOM Note: this is the average DOM for the properties that SOLD. If predominantly OLD inventory sells, it can move this indicator upward, and vice versa. Also, RAM's Days on Market are calculated from List Date to Closing Date [not contract date]. As such, it includes approximately 60 days of escrow time.) Also – Short Sales transactions can often take 4-6 months to close thereby extending the marketplace’s average DOM.

FOR BUYERS: Continued low interest rates and Newly Extended first time/move-up homebuyer incentives provide plenty of options for Buyers who qualify. Buyers should get Pre-Approved so they can shop in confidence (fewer last minute disappointments due to non-funding loans).

First-Time Home Buyers – This is your opportunity to purchase. Don’t let it pass you by …. ask Howard when his next First-Time Home Buyers workshop, get familiar with the process, get qualified/approved, do your homework to get your own home. Many current owners never thought they would be able to own until they attended a workshop, discovered they could, and are glad they did. This low point in the market is your rare chance, so don’t delay.

Maui condo sales, prices rise

Maui condo sales, prices rise in Kihei & Wailea

By Allison Schaefers

POSTED: 01:30 a.m. HST, Nov 10, 2009

Single-family home sales and prices fell on Maui last month, but condominium sales and prices rose, according to statistics from the Realtors Association of Maui.

While Maui's single-family home sales fell 11.3 percent to 71, condominium sales rose 24.5 percent to 61. The median price paid for a single-family home fell to $487,000, a 4.4 percent drop from the previous year. However, more than half of condo buyers paid at least $400,842 for a unit, a 4.1 percent gain from the year-ago October.

Terry Tolman, RAM's chief staff executive, said the recent data, along with shrinking inventory, is an indication that the market "appeared to be getting its footing."

But he also added that there are a considerable number of short-sale and foreclosure properties that need to be sold before the market can move ahead.

"Best deals are selling; everything else is getting old," Tolman said.

Sales on Maui finally have picked up as those short sales and foreclosures have begun to drive down prices, said Howard Dinits, a Realtor with RE/MAX Resort Realty in Wailea, who specializes in Big Island and Maui sales.

"I have six foreclosure properties waiting to hit the market, and there are people walking away from $800,000 and million-dollar homes," Dinits said.

Sellers who were once reluctant to drop their prices because "Maui is no ka oi" have had to get more realistic, he said.

"Unfortunately, we had the same problems as everyone else that had to drop their values, and so did we," Dinits said.

Home sales

The number of homes sold on Maui in October with the median price and percentage change from the same month last year:

 

HOME SALES
October 2009 71
October 2008 80
Change -11.3%
MEDIAN PRICE
October 2009 $487,000
October 2008 $509,500
Change -4.4%
CONDO SALES
October 2009 61
October 2008 49
Change +24.5%
MEDIAN PRICE
October 2009 $400,842
October 2008 $385,000
Change +4.1%

Source: Realtors Association of Maui

Maui condo sales, prices rise in Kihei & Wailea

http://www.EasyMauiRealEstate.com

First-Time Homebuyer Credit Questions and Answers: Basic Information

 

Updated Nov. 6, 2009, to note new legislation. The new legislation extends and expands the first-time homebuyer credit allowed by previous Acts. The new law:

  • extends deadlines for purchasing and closing on a home
  • authorizes the credit for long-time homeowners buying a replacement principal residence
  • raises the income limitations for homeowners claiming the credit 

Q. What is the credit?

A. The first-time homebuyer credit is a new tax credit included in the Housing and Economic Recovery Act of 2008. For homes purchased in 2008, the credit operates like an interest-free loan because it must be repaid over a 15-year period.

The credit was expanded in 2009 for homes purchased in 2009, increasing the amount of the credit and eliminating the requirement to repay the credit, unless the home ceases to be your principal residence within the 36-month period beginning on the purchase date. It was further expanded in late 2009 to extend deadlines and to allow long-time homeowners buying replacement homes and people with higher incomes to qualify for the credit. (11/12/09)

Q. How much is the credit?

A. The credit is 10 percent of the purchase price of the home, with a maximum available credit of $7,500 ($8,000 if you purchased your home in 2009 or early 2010) for either a single taxpayer or a married couple filing a joint return, but only half of that amount for married persons filing separate returns. The full credit is available for homes costing $75,000 or more ($80,000 in 2009 or early 2010). Long-time homeowners who buy a replacement home after Nov. 6, 2009, or in early 2010 may qualify for a credit of up to $6,500, or $3,250 for a married person filing a separate return. (11/19/09)

Q. Which home purchases qualify for the first-time homebuyer credit?

A. Any home purchased as your principal residence and located in the United States qualifies. You must buy the home after April 8, 2008, and before May. 1, 2010 (with closing to take place before July 1), to qualify for the credit. For a home that you construct, the purchase date is considered to be the first date you occupy the home.

Normally, taxpayers (including spouse, if married) who owned a principal residence at any time during the three years prior to the date of purchase are not eligible for the credit. This means that you can qualify for the credit if you (and your spouse, if married) have not owned a home in the three years prior to a purchase. However, a long-time homeowner can also get the credit for a qualifying replacement home purchased after Nov. 6, 2009. To qualify, you must have owned and used the same home as your principal residence for at least five consecutive years of the eight-year period ending on the date you by your new principal residence.

If you make an eligible purchase in 2008, you claim the first-time homebuyer credit on your 2008 tax return. For an eligible purchase in 2009, you can choose to claim the credit on either your 2008 or 2009 income tax return. For an eligible purchase in 2010, you can choose to claim the credit on either your 2009 or 2010 return. (11/19/09)

Q. If a taxpayer purchases a mobile home (manufactured home) with land and qualifies for the credit, is the amount of the credit based on the combined cost of the home and land?

A. Yes. The first-time homebuyer credit is ten percent of the purchase price of a principal residence. The total purchase price (mobile home and land) is used to determine the amount of the first-time homebuyer credit.

Q. Is a taxpayer who purchases a mobile home and places the home on leased land eligible for the first-time homebuyer credit?

A. Yes. A mobile home may qualify as a principal residence and it is not necessary that the taxpayer own the land to qualify for the first-time homebuyer credit.

Q. Can a taxpayer who purchases a travel trailer qualify for the credit?

A. A travel trailer that is affixed to land may qualify as a principal residence.   

Q. Can an individual who has lived in an RV qualify for the credit?

A.  For purposes of the first-time homebuyer credit, an RV with a built-in motor is personal property that is not affixed to land and does not qualify as a principal residence. Accordingly, someone who has owned and lived in an RV within the past three years may still qualify as a first-time homebuyer.

Q. Can I apply for the credit if I bought a vacation home or rental property?

A. No. Vacation homes and rental property do not qualify for this credit.

Q. Who is considered to be a first-time homebuyer?

A. Taxpayers who have not owned another principal residence at any time during the three years prior to the date of purchase are considered first-time homebuyers. For example, if you bought a home on July 1, 2008, you cannot take the credit for that home if you owned, or had an ownership interest in, another principal residence at any time from July 2, 2005, through July 1, 2008. In addition, Long-time homeowners who buy a replacement home after Nov. 6, 2009 or in early 2010 can also qualify. Under this rule, you must have owned and used the same home as your principal residence for at least five consecutive years of the eight-year period ending on the date you by your new principal residence. For an eligible taxpayer who, for example, bought a home on Nov. 30, 2009, the eight-year period would run from Dec. 1, 2001, through Nov. 30, 2009. (11/19/09)

Q. Can a dependent on someone else’s tax return claim the first time homebuyer credit if they otherwise qualify?

A. Different rules apply depending upon whether a dependent buys a home after Nov. 6, 2009, or on or before that date. Dependents are not eligible to claim the credit on any purchase after Nov. 6, 2009. However, a dependent who buys a home on or before Nov. 6, 2009 may qualify for the credit. (11/19/09) 

Q. Can a minor buy a home and claim the credit?

A. Usually, no. However, different rules apply to purchases after Nov. 6, 2009 and those on or before that date.

Minors are generally barred from claiming the credit on home purchases after Nov. 6, 2009. To qualify for the credit, a purchaser must be at least 18 years of age on the date of purchase. For a married couple, only one spouse must meet this age requirement. A dependent is not eligible for the credit, regardless of age.

For purchases on or before Nov. 6, 2009, the tax law does not bar a minor from buying a home and claiming the credit. However, taxpayers who do not otherwise qualify for the credit do not become eligible for the credit simply by using a minor child’s name. In addition, under state law, children under the age of 18 generally are not bound by any contract they sign and cannot be required to comply with the terms of the contract. Thus, it is extremely unlikely that a seller of a home, or a lender if financing is required, would enter into a bona fide sale of a home to a child. Merely using the child’s name to purchase a home does not qualify the child for the credit if, in substance, the child is not a bona fide purchaser of a home. (11/19/09)

Q. When do I have to buy a new home to get the credit?

A. The credit is available for eligible home purchases after April 8, 2008. You must enter into a binding contract to buy the home before May 1, 2010 and close before July 1, 2010, in order to obtain the credit. For a home you construct, the purchase date is considered to be the date you first occupy the home. (11/19/09)

Q. How do I apply for the credit?

A. The credit is claimed on IRS Form 5405, First-Time Homebuyer Credit, and filed with your 2008, 2009 or 2010 federal income tax return. (11/12/09)

Q. I submitted an amended 2008 return for the first-time homebuyer credit more than eight weeks ago. How long will it take the IRS to process my  return?    

A. The normal processing time for amended returns is approximately 8-12 weeks. Recent changes to the tax law have resulted and will continue to result in larger than normal volumes of amended returns. This increased volume has increased our processing time to 12-16 weeks. It is not necessary for you to follow-up with the IRS regarding your amended return if you are within these time frames. (11/23/09)  

Q. Are there income limits?

A. Yes. The credit is reduced or eliminated for higher-income taxpayers. The credit is phased out based on your modified adjusted gross income (MAGI). Different income limits apply to purchases on or before Nov. 6, 2009 and those after that date. 

For purchases on or before Nov. 6, 2009, for a  married couple filing a joint return, the phase-out range is $150,000 to $170,000. For other taxpayers, the phase-out range is $75,000 to $95,000. This means that the full credit is available for married couples filing a joint return whose MAGI is $150,000 or less and for other taxpayers whose MAGI is $75,000 or less.

For purchases after Nov. 6, 2009, for a married couple filing a joint return, the phase-out range is $225,000 to $245,000. For other taxpayers, the phase-out range is $125,000 to $145,000. This means that the full credit is available for married couples filing a joint return whose MAGI is $225,000 or less and for other taxpayers whose MAGI is $125,000 or less. (11/19/09)

Q. Can a taxpayer claim the first-time homebuyer credit after entering into a contract for the purchase of a residence but before closing on the purchase?
 
A. No. Taxpayers cannot claim the credit before there is a completed sale and purchase of the residence. The sale and purchase are generally completed at the time of closing on the purchase. (7/2/09)
 
Q. Can a taxpayer claim the first-time homebuyer credit if the purchase is pursuant to a seller financing arrangement (for example, a contract for deed, installment land sale contract, or long-term land contract), and the seller retains legal title to secure the taxpayer's payment obligations?
 
A. If the taxpayer obtains the "benefits and burdens" of ownership of a residence in a seller financing arrangement, then the taxpayer can claim the credit even though the seller retains legal title. Factors that indicate that a taxpayer has the benefits and burdens of ownership include: 1. the right of possession, 2. the right to obtain legal title upon full payment of the purchase price, 3. the right to construct improvements, 4. the obligation to pay property taxes, 5. the risk of loss, 6. the responsibility to insure the property and 7. the duty to maintain the property. (7/2/09)

Q. I purchased a home that qualifies for the first-time homebuyer credit. I will be renting two of the bedrooms and reporting the rental income on Schedule E. Will I still qualify for the credit if I use the home as my principal residence?

A. Yes, if you meet all first-time homebuyer eligibility requirements. See Form 5405, First-Time Homebuyer Credit, for more details.

Q. I purchased a duplex home with two separate dwelling units. I will live in one dwelling and will rent out the other dwelling unit and report the rental income on Schedule E. May I qualify for the first-time homebuyer credit, and what amount do I use for the purchase price to determine the amount of the credit? 

A. Yes, you may qualify for the credit for the dwelling unit that you use as your principal residence. To determine the amount of your credit, you must allocate the purchase price of the duplex between the two separate dwelling units. You may not use the entire purchase price of the duplex to determine the amount of your credit.

Q. If two unmarried people buy a house together, how do they determine how much each may take of the credit?

A. IRS Notice 2009-12 provides guidance for allocating the first-time homebuyer credit between taxpayers who are not married.

Q. I am a single co-owner of a home. How do I get this credit?

A. Depending on the year of purchase, you will claim the credit on your 2008, 2009 or 2010 federal income tax return. (11/19/09)

Q. I don’t owe taxes and/or my income is exempt from tax and I do not have a filing requirement. Do I qualify for the credit? 

A. The credit is fully refundable and, if you qualify as a first-time homebuyer, having tax-exempt income will not preclude eligibility. Although there are maximum income limits for qualifying first-time homebuyers, there are no minimum income criteria. Thus, someone with no taxable income who qualifies as a first-time homebuyer may file for the sole purpose of claiming the credit for a refund.

Q. Does the first-time homebuyer credit apply to homes located in the U.S. Territories?

A. No. 

Q. Would I be considered a first time homebuyer if I owned a principal residence outside of the United States within the previous three years?

A. Yes. A taxpayer who owned a principal residence outside of the United States within the last three years is not disqualified from taking the credit for a purchase within the United States.

Q. If qualified, are homebuyers required to claim the first-time homebuyer credit?

A. No.

Q. Who cannot take the credit?

A. If any of the following describe you, you cannot take the credit, even if you buy a new home:

  • Your income exceeds the phase-out range.
  • You buy your home from a close relative. This includes your spouse, parent, grandparent, child or grandchild.
  • You do not use the home as your principal residence.
  • You are a nonresident alien. (11/19/09)

Q. Does previously inheriting a home and living in it automatically disqualify me as a first-time homebuyer if I buy a different home on or before Nov. 6, 2009?

A. Yes, an ownership interest in a prior principal residence would bar you from being considered a first-time homebuyer. As long as you owned and used the prior home as your principal residence, you are not a first-time homebuyer. There is no exception for taxpayers who did not buy their prior residences. (11/19/09) 

Q. If I claim the first-time homebuyer credit in 2009 and stop using the property as my main home before the 36 month period expires after I purchase, how is the credit repaid and how long would I have to repay it?

A. If, within 36 months of the date of purchase, the property is no longer used as your principal residence, you are required to repay the credit. Repayment of the full amount of the credit is due at the time the income tax return for the year the home ceased to be your principal residence is due. The full amount of the credit is reflected as additional tax on that year's tax return. Form 5405 and its instructions will be revised for tax year 2009 to include information about repayment of the credit. (05/06/09)

Q. If a person does not actually make the payments on a home that’s their principal residence, but the deed and mortgage documents are in their name, can they be considered a first-time homebuyer?  

A. Yes. If a taxpayer purchases a home to be used as a principal residence from an unrelated person and has not owned a home within the previous 36 months, the taxpayer is eligible for the first-time homebuyer credit regardless of who makes the mortgage payment. (05/06/09)

Q. Do taxpayers affected by Hurricane Katrina or other disasters qualify as first-time homebuyers if their principal residence (i.e. main home) became uninhabitable more than three years ago and they have not formally disposed of the uninhabitable home or purchased or built a new home in the interim?  

A. Yes. They may be eligible for the first-time homebuyer credit when they purchase a new principal residence. (11/19/09)

Do Agents Have to submit all Short Sale offers to the Bank?

Do Agents Have to submit all Short Sale offers to the Bank?

Well . . . I want to clear things up for a lot of people. Being a Top Selling Agent in Hawaii I get to talk to a lot of people on both the Big Island and Maui. In the course of my speaking to and networking with other Realtors and Buyers I regularly encounter those who have a completely false impression with respect to who owes which duties to whom in the course of a short sale transaction. More specifically, many agents (both on the selling and buying sides of transactions) erroneously think that ALL short sale offers must be presented to lenders – nothing could be further from the truth!

Hawaii State legislation and interpretation, and several areas of law come into play in the course of a real estate transaction (e.g.: contract law, agency law, etc.) there are general principals and practices that can be said to apply. Generally speaking, the laws work like this:

  • The listing agent for a property owes their fiduciary duties (care, confidentiality, obedience, accountability, loyalty, and disclosure) to the principal/client, who is virtually always the OWNER of the property.
  • ALL offers must be presented to the OWNER of the property.
  • The OWNER decides which offer(s) to accept, reject, or counter, based solely on the OWNER'S personal criteria, which may, or may not be price (e.g.: A fast sale may be more important to the owner than a top dollar sale. Similarly, a cash, "as-is" offer may be perceived by the owner to be a better bet than a higher priced offer that has to go through financing and inspection approvals).

For some reason, I find that a very large number of practitioners treat Short Sale transactions as if they were already REO transactions. Such confusion leads to wrong decisions with respect to the presentation of offers, and complicates and prolongs an all too often already complicated and time consuming process. Given these general principals, and in order to answer the question of whether all offers must be presented to a short sale lender, let’s explore the differences between Short Sale and REO/Bank Owned transactions

In an REO transaction the lender has already foreclosed on the property, which means that the LENDER is the OWNER of the property. If we apply the three general principals outlined above to an REO, Bank Owned, Foreclosure transaction we see that:

  • The listing agent for the property owes their fiduciary duties to the LENDER .
  • ALL offers must be presented to the LENDER.
  • The LENDER decides which offer(s) to accept, reject, or counter, based on the LENDER'S own criteria.

In a Short Sale transaction, while the lender may have initiated the foreclosure process, the BORROWER is still the OWNER of the property. If we apply the three general principals outlined above to a Short Sale transaction we see that:

  • The listing agent for the property owes their fiduciary duties to the BORROWER (not the lender).
  • ALL offers must be presented to the BORROWER (not the lender).
  • The BORROWER (not the lender) decides which offer(s) to accept, reject, or counter, based solely on the BORROWER'S personal criteria, which may, or may not be price (e.g.: In the case of a short sale situation, where interest, fees, and legal costs continue to accrue until the property is sold, a fast sale may be more important to the borrower than a top dollar sale. Similarly, a cash, "as-is" offer may be perceived by the borrower to be a better bet than a higher priced offer that has to go through financing and inspection approvals).

Clearly, in the case of a Short Sale, the agent works for the borrower and the borrower makes the decisions as to which offer(s) to accept, reject, or counter. Once a decision to accept an offer is made by the BORROWER, only then is the offer forwarded to the lender. The transaction proceeds as does any other with respect to subsequent offers that may come in – once an offer is accepted, the borrower is "under contract" (subject to third party approval by the lender) and they do not continue to entertain offers. Yes, they may accept an offer as a "back-up," but a back-up offer only comes into play when/if the initially accepted offer falls apart, and only then would it be forwarded to the lender.

The lender is merely a third party "approver" of the transaction – they are not "a party to" the transaction. This is an important distinction! The lender simply has the right to reject, or accept the offers that the borrower chooses to forward. You must remember that a short sale is a completely voluntary attempt by a borrower to avoid a foreclosure -- a borrower does not have to opt for a short sale. That being the case, if a borrower is under no obligation to even attempt a short sale, how in the world could it be said that a lender has a right to be presented an offer?

Now that you understand the borrower’s obligation to present offers vis-à-vis the lender, let’s shift gears and specifically focus on the short sale listing agent by first asking some questions about the general obligations of real estate agents to their clients, and then extrapolating the answers to short sale agents specifically.

Generally speaking, would it ever be tolerated for the agent of a client to act AGAINST the best interests of that client? Would it ever be tolerated for the agent of a client to act on behalf of a party who was acting expressly AGAINST the interests of their client? The answers of course are that, "Such acts would never be tolerated!"

That said, how could it be possible for the agent of a borrower to be compelled to work for the lender? Isn’t the lender working for THEIR OWN best interests, and not those of the borrower?

Clearly, the lender is working for their own best interests, which are directly adverse to the borrower’s interests (after all, the lender is either in the process of, or threatening to foreclose on the borrower’s property, which is about as adverse a situation as there is). Given the nature of an agent’s fiduciary duties to their clients, the agent for a borrower MUST do all that is legally within the scope of their representation to PROTECT the borrower from the lender and to advocate on behalf of the BORROWER’S position, not the position of the lender. There is nothing wrong with this – this is exactly what an agent is hired to do!

Now that it’s been explained to you, doesn’t it make sense?

Do you see how you have been mistaken if you thought that all short sale offers had to be presented to the lender? If you are a listing agent, do you see how presenting all short sale offers to the lenders could constitute a breech of your fiduciary duties to your clients? If you are a buyer’s agent, do you see that you have absolutely no right whatsoever to DEMAND that your buyers’ short sale offers be presented to lenders?

The bottom line is this: A borrower has no obligation to present all short sale offers to a lender, which means that a borrower’s agent has no obligation to present all short sale offers to a lender, which means that a buyer’s agent has no right to demand their short sale offer be presented to the lender. To transact under any other premise is to misunderstand the process completely.


Got Questions? Do not Hesitate to contact
Howard Dinits RS
RE/MAX Resort Realty for a FREE consultation.

808-874-0600
http://www.EasyMauiRealEstate.com

Places to Recycle in Maui Hawaii Kihei Wailea

Many people ask Howard Dinits a Maui Real Estate agent where do you go to Recyce in Maui? Or they make excuses like, it is not convenient. Well I say Male Cow Doo Doo. It is easy to be green in Maui, Hawaii.

See for yourself,

Howard Dinits RS
RE/MAX Resort Realty
808-874-0600
http://www.EasyMauiRealEstate.com

Maui County Recycling Guide

recyclery guide Maui Kihei Wailea 2009

RECYCLING BUSINESS PARTNERS
These businesses and organizations provide valuable community service by
accepting, recycling, reusing or processing so much of our recyclables that might
otherwise go into the landfill. Please phone first to confirm policies, hours of operation
and acceptable materials.
Ad-Ventures 893-2209 telephone books
Aloha Recycling 871-8544 HI 5 redemption & processing
Aloha Shares Network 268-4380 usable materials exchange
Aloha Shell 877-5894 HI 5 redemption
Aloha Waste Systems 893-0932 waste/recyclables hauling
Big Brothers/Big Sisters 242-9754 household items, clothing
Calasa Service Station 878-1818 used motor oil
Cartridge World 871-6460 ink/laser cartridges
Community Workday 877-2524 paint
EKO Compost 572-8844 green waste, sells compost
Goodyear Tires 244-4074 tires
Graphics Technology 879-9390 rebuilt computers, repairs
Hasegawa General Store 248-8231 HI 5 redemption
Home Depot 893-7800 household & tool batteries, CFLs
Hawaiian Telcom 242-5148 cell phones & batteries
International Market Place, Lahaina 298-7159 HI 5 redemption
Interstate Battery Systems of Hawaii 242-5887 auto & marine batteries
Joy of Worms 573-3911 home compost education, worms
& sells compost systems
Kihei/Wailea Union 76 879-2728 used motor oil
Kitagawa Towing 877-5611 junk cars
Lanai NAPA 565-9027 used motor oil
Lanai Waste Removal 565-6478 waste/recyclables hauling
Longs Drugs Kahului-Photo Dept. 877-0322 household batteries
Longs Drugs Kihei-Photo Dept. 879-2669 household batteries
Longs Drugs Lahaina-Photo Dept. 661-5439 household batteries
Maui Construction &
Demolition Landfill 242-1101 commercial & residential C&D
Maui Disposal Company 242-7999 waste/recyclables hauling, processing
Maui Earth Compost 877-0403 green waste, sells compost
Maui Food Bank 243-9500 usable produce & packaged food
Maui Oil Change & Tune-Up 877-7522 used motor oil
Maui Recycling Group 268-4380 recycling education
Maui Recycling Service 244-0443 curbside recycling service,
residential & commercial
Maui Tires 357-3241 tires in large quantities
Maui Transmissions 573-0600 used motor oil
NAPA/United Auto Parts-Wailuku 244-3774 used motor oil
NAPA/United Auto Parts-Lahaina 661-4461 used motor oil
Office Max 877-9448 / 662-0011 all toner cartridges
Pacific Biodiesel 877-3144 fats, oils, grease from restaurants
Paia Chevron 579-9440 sells B20 (biodiesel blend)
Paradise Pages 1-800-489-8230 telephone books
Parts Plus/Car Quest 871-7668 used motor oil
PF Restoration 244-5905 patio furniture repair
Pua’a Food Waste Service 268-3287 food waste from restaurants
Quiet Time Recycled Insulation 357-1908 newsprint cellulose insulation
Reynolds Aluminum 385-1867 HI 5 redemption, non-ferrous metals
SOS Metals Island Recycling 280-8844 metals, autos, appliances
Teens on Call 579-6011 event recycling
Tri-Isle RC&D 244-1800 Lanai recycling programs
Unitek Solvent Services 877-2667 commercial oil
WalMart 871-7062 used oil, tires, auto batteries
Zitro Recycling 357-3227 HI 5 redemption


SECONDHAND STORES AND THRIFT SHOPS
Rainbow Attic
household items, clothing,furniture 874-0884
A-1 Recycled Appliances 242-6937 repairable appliances
Buyers Paradise 878-2826 usable furniture, decor
Endangered Pieces 572-6444 sells furniture, decor
Friends of the Library 871-6563 books, magazines
Habitat for Humanity-Restore 968-8050 building materials, refurb. computers
Holy Rosary Thrift Store 579-8714 household items, clothing
Ilin’s New & Used Furniture 242-4788 furniture
Kala Iki Thrift Store 878-1221 household items, clothing
Pink Plumeria Consignment 877-0007 clothing
Salvation Army Kihei 875-8065 household items, clothing
Salvation Army Lahaina 661-8827 household items, clothing
Savers 871-7244 household items, clothing
St. Anthony’s Thrift Store 242-7785 household items, clothing
St. Joseph’s Thrift Store 572-9150 household items, clothing

Hawaii is the 2nd Happiest State

Why Live in Maui?

Hawaii is the 2nd Happiest State!

Here are the top 10 states and their average well-being scores (out of a possible 100 points):
Utah: 69.2
Hawaii: 68.2
Wyoming: 68
Colorado: 67.3
Minnesota: 67.3
Maryland: 67.1
Washington: 67.1
Massachusetts: 67
California: 67
Arizona: 66.8

To read the whole article, click:
http://www.msnbc.msn.com/id/33830268/ns/health-mental_health/?GT1=43001

Things to do in Kihei, Wailea Maui Hawaii 96753

I am often asked where should I stay. Or what are the fun thing to do in Kihei, Wailea, Maui.

Here is a list I am sure you will find some options that you like.

 

mobile phone aps iphone maui real estate search

In addition to striving to be the Best Real Estate Agent on the Valley Island, Hawaii. Howard Dinits is also an innovator with the first Maui Real Estate Agent Site with an iPhone application allowing you to search for REO's, Bank Owned Properties, and Foreclosures with your iphone for Maui Island Real Estate, Homes in Kihei, Wailea, Kahului, Wailuku and Lahaina all can be searched on your iPhone.

In the near future http://www.EasyMauiRealEstate.com will have aps for the new Droid and Blackberry mobile phones

Maui Real Estate Sales October 02 2009

Maui Real Estate Sales Hawaii Homes Sold

Hawaii real estate sales

For the week of Sept. 28-Oct. 2

COUNTY OF MAUI

Haiku
447 W KUIAHA RD 9/29/2009 $350,000
Kaanapali
3445 L HONOAPIILANI RD #437 10/2/2009 $500,000
Kahakuloa
300 KUAKINI LP 10/2/2009 $1,147,500
Kahului, Spreckelsville
2380071490000 9/30/2009 $537,500
300 HAUOLI ST #B4 10/2/2009 $350,000
250 HAUOLI ST #412 9/30/2009 $300,000
536 KEA ST 9/29/2009 $279,000
386 ONEHEE AVE 10/1/2009 $492,066
140 UWAPO RD #7 202 9/30/2009 $160,000
267 KUUALOHA ST 10/1/2009 $375,000
45 KAMALEI CIR 9/29/2009 $700,000
3 KIEKIENA PL 9/28/2009 $595,000
Kihei
483 S KIHEI RD #210 9/30/2009 $399,000
40 HALILI LN #4D 9/30/2009 $307,500
5 KUPALAIKI LOOP 10/2/2009 $250,000
2695 S KIHEI RD #301 10/2/2009 $389,533
2695 S KIHEI RD #102 9/30/2009 $317,000
160 KEONEKAI RD #2 201 9/29/2009 $225,000
160 KEONEKAI RD #16 202 10/2/2009 $230,500
2747 S KIHEI RD #C103 9/30/2009 $215,000
1299 ULUNIU RD #103H 9/30/2009 $225,000
44 KANANI RD #201 9/30/2009 $335,000
317 AUHANA RD 9/30/2009 $506,266
2791 PANEPOO ST 9/30/2009 $450,000
Kula
505 ALAE RD 10/2/2009 $585,000
Kula, Pukalani
90 KILAKILA PL 9/30/2009 $275,000
281 KULAMANU CIR 10/2/2009 $730,000
2781 LEOLANI PL 9/28/2009 $257,000
Lahaina
1233 LIMAHANA CIR #B401 9/29/2009 $472,000
1300 LIMAHANA CIR #C303 9/29/2009 $414,000
Makawao, Olinda
102 MINER PL 9/28/2009 $342,000
115 A KEALALOA AVE 9/28/2009 $356,133
Napili, Kahana, Mahinahina
5315 L HONOAPIILANI RD #H267 9/30/2009 $516,000
3740 L HONOAPIILANI RD #E104 10/1/2009 $174,266
Wailea, Makena
3300 WAILEA ALANUI DR #16D 9/29/2009 $360,000
3100 WAILEA ALANUI DR #11 9/30/2009 $2,200,000
39 MAKAKEHAU ST #K1 10/1/2009 $2,266,666
12 HOOLEI CIR #S1 10/2/2009 $1,700,000
3564 MALINA PL 10/2/2009 $1,150,000
Wailuku
67 WAIOLANI PL 9/30/2009 $515,813
2350010730000 10/1/2009 $475,000
2350040250000 9/30/2009 $210,000
37 PONIU CIR 10/2/2009 $350,000
Molokai
64 MOAI LP 9/28/2009

$185,000

maui, real, estate, statistics, recent, sales,

Displaying blog entries 11-20 of 34

Success is getting paid for doing what you love. Call me so I can help you with Real Estate on Maui and the Big Island of Hawaii. Direct 808-874-0600

 

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See a property you like?
click here to call 
Howard Dinits for FREE

Please Note:
This is a service that Howard Dinits provides to you for FREE.
All I ask is, that you  . . .  Please contact me toll FREE 877-434-6487 when you are ready to make an offer as this is how I get paid.

Each and every seller on this site has agreed through the Multiple Listing Service, to pay me a commission. So it doesn't cost you any more to have the BEST Real Estate Agent help you. You will most likely save money by working with me, by utilizing my negotiation skills and the various business arrangements I have with the service providers you will need throughout your buying process.

Please enjoy using the Maui Condo Guide and be sure to contact Howard either via email or phone 877-434-6487 if you have any questions or are ready to make an offer.

Mailing Address:
Howard Dinits PO BOX 2249 Kihei HI 96753
Direct Phone 808-874-0600  e-mail Howard@HowardDinits.com