Appointment Service Options

NetOffer uses Central Showing Service ("CSS") in the DFW area to help Sellers and Agents schedule appointments for showings. CSS is an independent third party corporation who provides a service to the Realtor community in the DFW area and in other areas of the United States. The service that CSS provides is a centralized telephone call center that Realtors use to place appointment scheduling information about their listings so that other Realtors can call CSS to schedule appoitments to show properties.

CSS offers three choices for Appointment Type. Those choices are:
1) Go Show
2) Courtesy Call
3) Appointment Required

1) Go Show - this type of appointment is usually selected when the property is vacant and there will generally not be any issue with scheduling an appointment. Usually the property is either a rental property that is currently vacant or it is a property where the home owner has already vacated.

2) Courtesy Call - this type of appointment is the most common and requires that CSS contact the Seller to notify the Seller that an appointment is being scheduled for a date and time. If the Seller answers the phone and denies the appointment CSS will refuse to schedule the appointment per the Sellers request. If the Seller is not home and does not answer the phone CSS will leave a message, if there is a message option provided by the Seller, and will schedule the appointment for a specific date and time.

3) Appointment Required - this type of appointment is used by the Seller whenever there is a particular reason that the Seller requires positive confirmation of the appointment. Reasons for positive confirmation required can include pets that need to be contained, elderly or infant residents that need special care and notice, valuable art or other possessions that need protection, or other similar types of situations. CSS will not set an appointment until they have received positive verbal confirmation from the Seller that the date and time are allowed.

Access to the property can be either by lock box or by Seller provided access. The most convenient form of access is for there to be a lock box on the door with a key in it. This makes it convenient for the Buyer's Agent to gain access without having to wait for a Seller to open the property. Buyer's Agents often run late for various reasons, and frequently fail to show for the appointment. When this occurs it is not convenient for the Buyer's Agent to notify the Seller in some cases and while this seems rude it often happens. As the Seller, if you require that you be present for showings you will be inconvenienced at times by no-shows.

It is in the best interest of the Seller to make showing the home as easy and convenient for the Buyer's Agents as possible. I recommend that you have a lock box on your door and that you use the Courtesy Call type of appointment.

Some Sellers insist upon having Agents call them directly to schedule appointments. Since this requires that Buyer's Agents track down your phone # and call you as opposed to call the CSS phone # that they have committed to memory it inevitably occurs that some will call CSS even if the MLS instructions are to call the Seller. For this reason we recommend that all Sellers agree to using CSS.

Lock boxes come in two general types:
1) Electronic
2) Manual

1) Electronic Lock Boxes - only available through a Real Estate Agent and require that that Agent use a special electronic key to install and remove the lock box from the door. These are easy for Realtors to operate and are preferred. Electronic lock boxes have an added cost to cover the time required to come to the property for both the installation and removal.

2) Manual Lock Boxes - come in two general types:
a) Spin Dial
b) Punch Number
Either type is acceptable but the punch number is easier for most real estate agents to read and is therefore preferrable. Manual lock boxes are very secure and cost about $30 at Home Depot.

If you have any questions about this article please call Lee Thurburn at 972-470-5814.

When is a Contract of Sale enforceable?

I have had several situations where contracts were not fully executed or where some of the terms of the contract were not fully complied with by one or both parties and the question has come up as to exactly when a contract is truly enforceable. The ultimate answer to any specific situation is unique and can only be determined by a court of law, however, some general thoughts can help.

Technically, a contract is not valid until all of the changes (if any) have been initialed by all parties to the contract. This means that if the Buyer and the Seller are married couples then you will need four sets of initials on each and every change that is made to the contract. The problem can easily arise when a lot of changes have been made that one or more of the parties do not place their initials on every single change. Exactly when the failure to initial constitutes an invalid contract that is unenforceable is often asked.

Often, contracts that are missing a few such initials are presented to Title Companies and proceed through the entire closing process without issue. Occassionally, such contracts are disputed and the missing initials become points over which the parties contend as to whether or not the contract is enforceable. It is very important to carefully review the contract and make sure that all changes are initialed by all parites to prevent such disputes in the future and possibly derail the closing.

It is my understanding that some initials may not be required under certain circumstances. A good example would be if the Option Fee was changed from $50 to $100 and the change did not have initials for all parties but the Option Fee Check was made out for the right amount and then accepted by the Seller then the need to initial those changes would become a moot point and not a sufficient reason for invalidating the contract. The point of this example is to demonstrate that it is NOT an absolute truth that failure of all changes to be fully initialed will invalidate the contract.

If you are involved in a contract as either the Buyer of the Seller and you are caught in a dispute as to the enforceability of a contract that has been 'almost' completely executed the only person who can fully advise you as to the validity and enforceability of the document is an attorney. The Agent or Broker who you are working with is not qualified to render an opinion unless they are an attorney and you should not rely on their opinion even if they are foolish enough to provide one.

Agents and Brokers work with contracts on a regular basis. I have dealt with over 900 contracts of sale on the over 1200 properties that I have listed in the last 18 months and I still constantly see version of documents that have issues that I have no direct personal experience with. I routinely recommend, in such situations, that my clients seek the counsel of an attorney.

Be very careful when you sign a contract to make sure that all changes are initialed and that you understand the ramifications of all aspects of the contract.

Seller's Rights vs Buyer's Rights

I recently have had a couple of Sellers try to terminate a Contract of Sale against the Buyers wishes. This does not occur often but when it does it brings up an often overlooked aspect of the real estate contract and selling process. When a Seller sings a Contract of Sale they are giving up more rights than the Buyer is when you look at it logically.

If the Seller breaches a Contract of Sale the courts have proven, time and again, that they are willing to force the Seller to deliver the property to the Buyer according to the terms of the Contract of Sale, and to force the Seller to cover the Buyer's legal expenses incurred in enforcing the Contract through the courts.

Conversly, when the Buyer defaults the Seller is usually left with little or know option other than to claim the Earnest money that is in escrow. The primary reasons for the Buyer defaulting usually relate to a lack of creditworthiness and the problem with Buyer default is that even if the courts agree with the Seller the Buyer may be fiscally unable to comply with their contractual committment. The Seller, however, when in default, can be forced to deliver title to the Buyer.

Why would a Seller want to terminate? Most frequently it is because a better offer comes along after they have signed a Contract of Sale. Other reasons can include dramatically changed personal situations such as an employer who changes their mind about a transfer, etc. Regardless of the reason for the Seller wanting to default the Buyer is in the driver's seat and the Seller must realize that if the Buyer wants to force the issue the Seller will be at a legal disadvantage.

Moral of the story? Be very certain that you want to sell before you sign a contract. As the Seller you are giving up your right to retain the property if the Buyer proceeds to closing, willing and able to purchase, and you default. Your consequences can be very severe if you default.

Your comments would be very welcome.