Episode Transcript
[00:00:01] Speaker A: Welcome to Real Talk with Andres and Heather. The podcast where we say the quiet part out loud about real estate, business and the situations nobody warns you about, all while we are live streaming, so there are no edits.
[00:00:15] Speaker B: All right, Heather. And this is encoding from a stage of high levels from social media. This is stories, real mistakes, real money, real consequences on the situation nobody warns you about.
Oh, wow, sorry. Real consequences from agents, buyers and sellers and business owners living it in real time. So if you're tired of the sugar quarter advice, fake gurus and playing small because nobody tells you how this really works, you're in the right space. I'm Andres and this is Heather.
Let's get into some real talk.
[00:00:52] Speaker A: And there we go. That's what you know. We're talking about live streaming and mistakes. And you guys just bear with us because most of the time it's me. Most of the time I'm the one who butchers the intro. So at least it was a million time.
[00:01:05] Speaker B: It's gonna happen. Real deal.
I think that's the beauty of this thing, right? Doing it like this and doing our life. There's going to be times where we're gonna screw that. There's going to be times where we're gonna have an interruption right. On a key moment. And hey, and that's real talk. That's why we do it, right?
[00:01:22] Speaker A: That's why it's real talk. And speaking of interruptions, we may have one today because you are at a new construction site today.
[00:01:29] Speaker B: Yes, I am. I'm gonna upload a video later on. I got here, so I got here a little early so I can settle then. But then other things started happening right as I got here. So great community, great place, great property, man.
Very lovely. And for the price, guess when even you would think this is several hundred thousand dollars property. Million dollar property in some states, definitely.
So I'll put a video up on my, on my channel, so my social media channels here later on today. So stay tuned for that and you let me know what you guys think about that.
This property.
[00:02:06] Speaker A: Yeah, definitely. I love looking at new construction, see. Well, you know, I like older homes, but I still like looking at new construction and seeing all of the. The recent trends that are going on. Some of the trends are weird, some of them are pretty cool, but nevertheless, see what's going on.
[00:02:21] Speaker B: Yeah, along those lines, I mean, there's so many new construction in my market. Right.
Huntsville by myself. Anyone listening? Looking at the Huntsville market, there's so many opportunities and within the surrounding area of Huntsville, such A great price too. Definitely.
Definitely something that if I'm a family buyer, I'm paying attention and definitely trying to get myself into one of these.
So take advantage. Like, I live in San Diego for a number of years.
New construction, very, very minimal.
And then when they started, ask somebody from San Diego and California and they'll tell you about the prices, what you pay for one of these houses a year.
It's ridiculous compared to any other states.
[00:03:19] Speaker A: It is funny when people come here, transplants from other states come here and they're like, oh, only 400, 500 grand for this house. This is amazing. And then you have people that live here and that have lived here their whole lives and they're like, oh my God, I can't believe houses are so expensive. So it's just perspective on where you're coming from and what the market is like in other states. And what amazes me about new construction is we were driving the other day way up in North Georgia and they had so many new construction projects going on. And I'm like, first of all, who lives up here and who can live up here? What jobs are they working that they have these mansions that they're building? How do they get to work? It would be like a two hour commute each way.
But nevertheless.
[00:04:03] Speaker B: I saw a video the other day and somebody mentioned, you know, how their lives change because they move locations and, and they got one of two videos actually. One of them, they got moved to Hawaii, visited, stay for a month, stay two months, three months.
It's like, next thing you know, I'm living here and, and my life is so, so different, so much better since I moved there.
And another video in a similar situation.
We grew up in a place, right? We were born race. We consider that home. We have family and everything.
And sometimes that vision becomes too narrow. We think that that's the only place and we don't see how, how much better we could be in a different location.
You know, we, we don't go that far out to imagine, to think of what the possibilities are.
And you'll be surprised, you know, how much better things could be, right? And, and sure enough, it's not always, you know, I'm not saying that it's gonna. The grass is greener on the other side, right? Every single, every single time. But sometimes you just got to take a chance, take a chance, see what happens. What's the worst that could happen? You end up going back to where you're comfortable, to where you, where your friend.
But if you don't Venture out that comfort zone.
You could be missing out on so many great opportunities, so many great possibilities, not just for you, but for your family down the road.
And it's just a matter of, you know, venturing out and making it happen and go from there, you know, like five, seven years ago, you would have asked me if I would have been in Hunsley, Alabama. I would have said no. Probably not. Definitely not. I don't think so.
But yet here I am just three. Three years in. In this market, in this place, and. And I'm loving it. You know, Am I gonna say I'm gonna be here 10 years from now? Probably not, because I'm a very adventurous guy, so I'm a very, you know, spontaneous guy. You tell me to do something right after this, and I'll be like, okay, let's go.
Sometimes I do that without looking at my calendar and be like, oh, I forgot I had a mini. You seen. You've seen me do some of those, Heather.
So it's one of those things that I just go with the. With the flow sometimes. And sometimes you really have to. You know, I feel like that's. That's. That's the way I am. And sometimes just go with it, you know, don't be afraid of it's gonna happen. Could be something so much better on the other side.
You never push yourself to even pick around the corner, pick over the wall. You know, sometimes you just got to look over the wall and, oh, man, looks good over there. It's a nice beach on the other side. Let's go.
[00:06:49] Speaker A: Just the fear that holds you back. And that's a common theme in our shows here is. Is fear. Fear holding people back from pursuing what they want to pursue or what they need to pursue. And then it stands in the way of them achieving what they could have potentially achieved had they peeked over that wall. But speaking of peeking over that wall, it is time for our favorite segment, favorite part of the show. Today we're doing. What would you do? Real Estate Edition.
[00:07:17] Speaker B: Absolutely. And. And just a quick note. This is a dramatized story, not a real situation.
But every scenario is based on a situation where agents and clients, you know, things happen all the time. So we just want to put this out there.
[00:07:34] Speaker A: And so you guys know your job is not just to listen, but to decide who's right, who's wrong, and who probably needs therapy. And in this situation, what would you do?
[00:07:45] Speaker B: Absolutely. Let's get into it.
All right, guys.
[00:07:52] Speaker A: I like the sound effect.
[00:07:53] Speaker B: All right.
Hey, I. I'm gonna Try to keep it with the same line as last Thursday. Right.
It just came into place, and I'm like, let's keep. Let's keep it that way. And. And you guys remember on Thursday, we were talking about a scenario that.
That the agent was becoming more of a therapist throughout the process and.
And.
And had to put boundaries in order to.
To allow that transaction to follow through.
And one of the parties involved, you know, stay behind that line.
[00:08:32] Speaker A: Yeah.
[00:08:33] Speaker B: So in the scenario today, it's real simple. If you're an agent representing a seller who is trying to lease their home, and you list the home, but then there's a catch.
And the ex partner, they're not married, right. Still lives in the property, but she feels entitled to a bonus of the property. And she won't refuse to.
To leave the property until she gets involved in the sale and.
And gets her bonus out of that.
So the house is under the seller's name, and the ex have been living there for over three years. You know, they help with renovations, they help maintain, and they've been involved in getting the house to that particular, you know, situation where is that now? And ready to sell.
But they're not part of the deed or anything like that. And again, they're not married. But she just feel entitled.
He or she feel entitled to be compensated to get a portion of the sale of this transaction.
So in this situation, what would you do? You list a house, you have interest, you. You get in good traffic on there, you're getting offers. But she's being upfront about it and saying that if we don't have it in writing by the time we close, I'm gonna trash this house.
Like, what would you do in this situation? Do you proceed with the listing and.
And take a chance, or do you talk to. To the listing, to the seller and say, hey, let's put something in grading. Let's come into an agreement beforehand, because it could eventually be a much, much worse situation.
And again, you don't know, as an agent, you're not familiar with the details of the relationship and how that relationship ended.
You have no involvement, no knowledge.
You are not their friends. They just came in as a client. But you are put with the situation in front of you. Heather, what would you do?
[00:10:49] Speaker A: Oh, man. Well, hopefully they put in writing via text message that they're gonna trash the house, because then you got evidence that they're threatening that. But I think.
I guess it really depends on the situation and what I knew beforehand. Taking the listing, I probably have a conversation with the Real estate attorney and talk to the real estate attorney and see legally what we need to do in this situation. Like do we need to start the eviction process? Is she refusing to leave the house? You know, she's saying she's gonna trash the house. Then obviously that's a big issue.
Is it going to compromise closing? So I think for me, everything would come back down to making sure that we've talked to the real estate attorney and that if they're, if they're not married, obviously there's no divorce decree. There's nothing that says who gets what. They just feel like they're entitled.
That's a, It's a really tough situation to be in because you don't want them to mess up the sell of the house. But you also have to do things legally. I guess I would say I would start. I would talk to the real estate attorney and probably start the process of formal eviction.
[00:12:03] Speaker B: A formal eviction. Gotcha. It's a tricky one, huh? Because yeah, you do, you do have situations where people are living together for three, five, you know, more than five years or so. They're not legally marrying and in place.
A situation like this, if they grew up, they, they bought the house when, while they were together, they help get it to this point.
It's a really situation. At the same time, we have seen time and time again that people are just, in some cases, they're unpredictable, they can be predictable. But some people are just.
Let me. I don't know, some people are just crazy and they will do anything.
[00:12:48] Speaker A: It depends on, like when you knew this information. Did you know going into before, like, do you know going into the listing that this person's going to be crazy and it's going to be a challenge. Or is this something you find out after? Because, Because I would think if I knew going into it, I would say let's handle one situation at a time. Let's get this person out of the house, then list the house. That way you don't have to deal with any of the issues of them messing with showings or trashing the house or not, you know, cooperating with inspections.
But if it's after the fact, then that's, you know, a completely, a completely different situation.
You probably should have had a listing appointment with everybody that lives in the house then.
[00:13:32] Speaker B: Well, as a seller, he feels that, that, you know, that's not her place, right?
It's. It's not her place. She has no, they have no say on, on selling the property.
You know, if you are meeting with the direct buyer. And, and it's a relationship that has ended. Their, their.
She's supposed to be in the process of moving out.
You know, it's a tricky one because yeah, they now have a decision, but now they're fully entitled.
Having the right to be able to make a decision on something and feeling entitled. It's a different angles and given how long and what the breakup of the relationship was, she might be inclined to, to do something and at the same time she may be.
Feel entitled to something just because of the way things ended.
So not trying to be support the person, trying to do any damages on there, but, but depending on what that situation was and how that relationship was, she may be, she may be onto something.
[00:14:46] Speaker A: Well, I mean if, if this person is going to be living in the house still through the process of the cell, they're going to be involved because they're going to be, they're going to have to be notified of showings, they're going to have to be notified of the inspector, the appraiser, all these things. So you can't, you can't be like, oh, they have, they're not involved at all. They have nothing to do with this. Ignore them. Like they don't exist because they still are a process, are not that process. They still are a part of the process.
So they are going to be somewhat involved. And yeah, I mean, if this person was putting their money towards repairs, improvements to the home, if they have receipts and they can show like, hey, I did this, I did this, I did this, that's a matter for them and you know, the ex to work out and maybe they need to take them to small claims court and be like, hey, you know, it depends on what they have in writing. Do they have something in writing saying that they're going to get something or maybe a promise that was made, but as far as, you know, the, the sell of the house, this is a, a tricky one. It's always hard when people don't want to cooperate with the sell of the house. That's why to me I'm just like, it'd be easier just to get that person out. Get that person out and then sell the house.
[00:15:57] Speaker B: Yeah, definitely. And, and even so, you know, if you look at the big picture, it might be something that, hey, they just want to get compensated or to some extent, like you said, for what they feel they, they put into to where it's getting the property to that point. And it's just a matter of sitting down and having the conversation and putting it in writing so that the rest of the process can move out.
But if it's a situation where they are both on completely different angle, like not giving you damn thing for this out of this sale, it's, it's gonna be tough. Like you said, it will be better just to handle things legally.
Removing the property of the market, handle things legally and then, you know, putting the property back on the market as you see fit later on once everything settles down and it's clear, right?
Because following through with that process at this point will be, will be a challenge for everyone.
[00:16:59] Speaker A: I think it comes down to conversations too. It's always better to try to resolve everything and you have to put your therapist hat back on and maybe you have to have a group meeting or a meeting with just that one person that's being a little bit combative and be like, look, the house is going to sell. They want to sell the house. The house is going to sell. You're not on title. This is what's going to happen.
It's up to you to determine how you're going to go from here. And you don't have to be like team one way or team the other way because both these people are going to need a place to go, right? They both need. Whether it's an apartment or another house or a rental house, they're going to need somewhere to go and who better to help them than you? So if you position yourself correctly to this person who's, you know, very upset, you can be like, I totally get where you're coming from. And I don't know, maybe you are entitled to something that. But that's between you, a lawyer, a judge and your ex to determine if you're entitled to something. All I know right now is that this house is going to be sold and you need to find a place to live. Would you like my help? And doing that, if you don't want my help because you feel like I'm, you know, team X, then totally get that. I can refer you to another agent that I know that would, you know, take great care of you and find you a good place to live.
And hopefully that would work. If that doesn't work well, then start the eviction process and get them out of there.
[00:18:23] Speaker B: Definitely. I think it's, it's a. Situations where it makes you wonder, right? We're looking at right now from the different perspective from the outside in. But just put yourself in that situation during those moments from each particular angle, right? From the seller, from the ex, from the agents.
You know from the buyer, the buyer is like, man, I want this house. Can you please settle this down? Are you ready to sell the house or not?
Like that. That would be an emotional roller coaster where as a buyer, you're in a situation where you need to move, you find the idea home, everything lines up well. You have your confidence, you can obtain a house and you can attend the house because the seller and their ex are having a dispute that wasn't settled before the property was listed. Like, that's, that's very.
It's ridiculous.
I would say, like, as a buyer, I'm looking at this like, what. What the hell's going on here? Why'd you put the property in the market?
[00:19:30] Speaker A: And that could turn a lot of buyers off too. I mean, this just the turmoil of the uncertainty of not knowing what's going on. A lot of buyers would be like, yeah, I don't, I don't want to deal with this. I don't want to fall in love with the house just to not get the house. And especially if they're like on a time crunch or something like that, any type of extra drama, they don't want to have to deal with that.
[00:19:51] Speaker B: Just imagine as a buyer, you don't know that person. You don't know that relationship. You don't know what went through in that house before then. What if that person has a grudge? Like, they're very. You don't know all the details. But, but as a buyer, that would turn me out that somebody who's.
Hopefully, as a buyer, I don't know all this information that's going on in the sense, like impersonate. But if I do get to know what's going on and why there is the sabotage on the property, that would definitely be a turn off because that, that means that they could come back later on and do something to the house just because other bad experience.
One situations ended, you know, have nothing to do the other. The seller has no liability on that.
As a new buyer, I'm already in the property and this person that I don't know comes out of nowhere and start breaking windows, doing things to the house just because of their past relationship and how things ended. Like, yeah, that would not be.
Yeah, for me, that. That's a turn off. Like, I would not want to be part of any of that stuff.
[00:21:08] Speaker A: People be crazy.
[00:21:10] Speaker B: That. And that's what I'm saying. People, people can be crazy, can be predictable, but some people are just crazy. And you never know. And I don't want to. I don't want to find out if that's one. That's what I'm trying to say. Yeah, I would not be willing to find out.
They can be crazy. They can be crazy on their own terms and way I want no part of that.
You know, I could be crazy, but not that crazy.
[00:21:38] Speaker A: Well, I think the whole. What would you do to answer that question, you know, if it doesn't have to do with the loan of the house, the mortgage, if they're not on title, if they're not, you know, connected to that home financially in the sense of anything to do with the actual sell of the house, all that other stuff is really none of your business as the agent that, like I said, that's between them, their ex. And if they want to go to, you know, small claims court, they can, or, you know, like whatever court they want to go to, depending on how much money it is, then they can do that. Your side of it is purely just the real estate side of it. And I would try to get that all resolved before we listen the house. And I would, I would recommend, I would say to me, I think the best thing for you guys to do is to have to everybody completely move out of the house everybody completely move out of the house before we list this house and avoid the drama altogether.
And maybe that's not an option. If that's not an option, then you have to walk down that road of them being disgruntled and in the house. But I would try my hardest, I think, to make sure everybody was out of the house and we just listed a vacant home.
[00:22:51] Speaker B: Absolutely. One of the questions I like to ask for both buyers and sellers, does anybody else have any interest in the buy or the sale of this property? Right.
Like you're talking, if the seller is telling you directly that they want to sell, you know, you're in the listing appointment.
No, it's good to ask, does anybody else have any interest in the sale of this property? Because, like, in this situation, he doesn't think anybody does, but the X certainly does.
So I want to make sure that these are clear out of the way before we list the property so that it doesn't come back to.
To affect the transaction and to affect the process. But overall, you want to go the overall is to make this as smooth as possible. Right.
Make this as easier for the seller and the buyers as possible.
And you want to have these tough conversations beforehand so that you can facilitate that process as much as you can.
But you gotta have the tough conversation beforehand.
[00:23:58] Speaker A: You really do. And this probably isn't an uncommon situation, actually, because when you think about the modern family today, right, you have a lot of blended families. You have a lot of families that are coming together. One of them owns the house, one of them doesn't. They move in with, you know, their kids, and you've got a blended family. And then, you know, things are break on the house, you repair them, and then if that, you know, marriage or relationship or whatever doesn't work out, and then you go to sell the house, you're in this situation right now where you're like, hey, wait a minute. You know, I've been investing in this house too. So, like, why. Why am I just high and dry and. And kick to the curb? So it. It really does suck when that happens, because most breakups aren't ammo. I can't say this word. Amicable.
Most. Most breakups are pretty if. If not somewhat, conflict, high conflict breakups. And nobody's really trying to see RA, like rationally or see the other side. They're just trying to get their point across and be. Prove that they're right. So when you're in that situation, it is really tough.
[00:25:07] Speaker B: It is, it is. And then. And just imagine if you have other others involved in that process, right? The kids and stance, you know, it's.
It's a tough spot. You want them, you don't want the kids or to see everything that's happening. And you want this to be as smooth as possible. So as an agent, you really do have to sit down and have the staff conversations before you list that property to ensure that everything goes as smoothly as possible. So no matter what the situation is, I know we play different scenarios.
It's essential to have those conversations beforehand to bring clarity to the table. Right.
And I think that's one of the most important things. Have clarity when you fish, sit down and talk to them.
And I put everything on the table so that we can proceed with the best course, you know, the best steps, and get everyone what they're looking for.
Because when you start bringing things from left and throwing curveballs, things are gonna happen that people are not gonna be happy about. People are not gonna be satisfied.
And again, at that point, that's reasonable. But the earlier you have the toughest conversation, the easier it will be for everybody.
[00:26:30] Speaker A: Very, very true.
Well, it looks like we are at the top of the hour, guys, and you've heard the story, so let us know in the comments. What would you do if you were the agent in this situation? And not just the agent but what would you do if you were the seller and what would you do if you were the person who is the ex who feels like they they're getting cheated and gypped out of what is their fair share? Drop us a comment and let us know how you guys would handle this situation.
[00:26:56] Speaker B: Yeah, this episode fire you up, make you comfortable, you know, feel seen.
That's the point.
This is we're not just trying to entertain. This is we want to start real conversations, challenge any advice and help you make smarter moves in real estate and in business. So.
[00:27:19] Speaker A: Oh, sorry, Andres, go ahead.
[00:27:22] Speaker B: No, no, let's go.
[00:27:24] Speaker A: I was gonna say and if you guys want to be part of the conversation, not just listen, go to our website at www. Real talkha.live and there you can apply to be a spotlight guest or jump on the show with us and weigh in on your opinion on what would you do and am I the a hole real estate edition.
[00:27:43] Speaker B: And do us a favor, like it share it and send it to someone who needs to hear it.
[00:27:48] Speaker A: So also, also guys, don't forget to subscribe so you never miss an episode and we will see you guys on the next one.
[00:27:57] Speaker B: See you next time for more real talk with Heather and Andres.
[00:28:01] Speaker A: Bye, guys.
[00:28:02] Speaker B: So.