Q: I made an offer to buy a house but the listing agent returned the offer to me. It was marked "rejected" and signed by the seller. What does that mean and what should I do now?
A: Smart sellers typically counter an unacceptable offer rather than reject it. That way, the buyer is given some guidance as to what new terms might get the deal to go forward.
In your case, the seller found your offer unsatisfactory for some reason. While it certainly would have been helpful for the seller to give you some hint as to why, your best route is to call the listing agent and ask what the problem is.
If the agent won't help, call the seller and ask. Then make another offer.
Q: Is it ethical for a real estate broker to advertise houses on his Web site that have already sold or have expired as his listing? I assume this is done to make it look like he has more listings than he really does. Is this a common practice?
A: It is unethical for any broker in Georgia to list homes for sale on his Web site that have not been listed for sale by the owner of that property. That is also a violation of the rules and regulations of the Georgia Real Estate Commission, which regulates the activities of brokers and their associated sales people in this state.
If you believe that a broker is engaging in this type of unethical advertising, contact the commission at 404-656-3916.
My suspicion is that the broker simply is tardy in removing from his Web site some of his listings that have been placed under contract or that have sold and closed.
The Internet has made it relatively easy for agents and brokers to list homes on a worldwide stage. But many agents, including me, depend on others to perform the data entry and updating of information, and that activity can take a few days to complete.
Also, confusion can occur when an offer is made but is contingent upon the buyer's house selling. Smart sellers ask for a "kickout" clause, which allows them to continue marketing their home "for sale" even though it is technically under contract.
In this situation, it is not unethical for the broker to try to sell that house because it is under a contract with a contingency.
Even when there is no kickout, a seller may instruct his broker to continue to solicit backup offers. This might occur if the seller suspects the buyer might not qualify for their financing or might try to back out of the deal.
Again, in such a case, it would not be unethical for the broker to advertise the house for sale.
In all cases involving a real estate broker, the rules of the commission would apply. But be aware that many facts and circumstances surrounding the issue may need to be uncovered.
Q: We are thinking about adding an in-ground swimming pool in our back yard and wonder how much it might increase the value of our home. What is your opinion?
A: If you're sure you want a pool and plan to live in your home for many years, you have my blessing.
One of the main reasons to own a home is to enjoy it, and many people consider their pool an important part of home relaxation and entertainment.
On the other hand, if you might move in a year or two, it could be unwise to invest in a pool. Typically, the addition of an in-ground pool does not affect the resale value of a residential property in metro Atlanta.
I once worked with a couple who wanted to buy a certain home but didn't want the in-ground pool. They hoped to have children soon and asked me to get estimates for having the pool removed and getting landscape in its place. They deducted that sum from the asking price when they made their offer.
Other considerations include:
What are the costs for chemicals, cleaning and regular pool maintenance, and who will perform that work?
How will the cost of your homeowners insurance change and will you need extra liability coverage because you have a pool?
How will you keep out uninvited guests, such as kids who can't swim and are too young to recognize the danger? Will you need to install a fence with a locking gate? How much will it cost?
Will you drain the pool in the off-season or buy a cover? Will the cover support the weight of a child?
Pool safety should be a major concern before you make your decision. Drowning is the No. 1 cause of death in children younger than 5 in Florida and California and the No. 2 cause in a dozen states.
John Adams is a broker and investor. He is host of "The John Adams Radio Show," a call-in program dealing with homeownership and real estate at 1 p.m. Saturdays on WGST-AM (640).