Apr
17
Just The Facts, Ma’am!
Posted by patricia under For Buyers, For Realty Professionals, For Sellers, Listings, Sunnyvale
Jack Webb, the actor who played the rugged, police officer on TV in the 50′s, used to use the phrase “Just the facts, ma’am!” when beginning to interview a witness or suspect in the sitcom, DRAGNET. I used to love to watch this show, even though it lacked the sophistication we have now for many detective-type shows, it was all we had in those days to give us a glimpse of the strong arm of the law. DRAGNET’s character, played by Jack Webb would repeat this catchy phrase, “Just the Facts” to try to filter out unnecessary comments made by persons he was interviewing so to get to the meat of the matter quickly and efficiently, and eliminate anything that was nonsense or not essential to his decision-making process. Jack and his partner, FRIDAY, had pretty deadpan expressions a lot of the time, but this didn’t matter to me as I just liked the show knowing that Jack would ”always get his man.”
Real estate contracts are an example of an attempt to get “Just the Facts,” too. In order to get “Just the Facts, the Residential Purchase Agreement contract, used by Buyers to make offers on a property, is eight pages in length, written by very compentent attorneys, and intended to be a precursor to a trial, should it result in one. Long sentences are designed with multiple options, and done so all in one breath! Simply…it isn’t simple! This RPA (acronym for Residential Purchase Agreement) would challenge the genius easily. This is the Realtor’s bread and butter though it may require a genius to comprehend every word and innuenedo. Result? Training classes (it is changed virtually every six months by the California Association of Realtors) and…more training classes in order to master it, and then teach it to our clients with best interpretation so that an offer can be made. This contract is backed-up by many more sub-contracts that a Realtor puts together in order to culminate the necessary steps to effect a deal. The length of this contract was about two pages originally, then four pages when I got into real estate in 2001, and now it is eight pages in length. There’s a two-page attachment, the Buyer’s Inspection Advisory, that follows the eight pages.
I can only comment in brief on this long contract to not allow this BLOG to become something to read to put one to sleep, so here’s a few highlights… Involved in this contract is The Liquidated Damages paragraph, the Mediation and Aribitration paragraphs, which I think belongs at the beginning instead of near the end of the eight pages. Instead, the front page describes the way the buyer plans his funds to pay for the property, describing the initial deposit, the secondary deposit (usually after contingencies are signed off, this is initiated 17 days into the contract), the down payment, and description of the loans (in detail including interests and types of loans like Conventional, FHA, VA or Owner financing,) which can be pretty indepth, as we attempt to maintain the objection of, “Just the Facts!”
All of the RPA is written in very legalistic language, and honestly, it’s hard for a layman to understand it. We as Realtors have the challenge of filling it out now with software that can attempt to force the agent to type in an area, wait for it to “fill” and then figure how to get the rest of the blanks to respond to your command of what you want typed where, including calculations of down payment, loan, deposit, etc., which, again, much seems out of order to me. After all, that’s what software is all about…to make things easier and more correct, right? Well, in this case, it makes it more frustrating to fill out. I used to work at Hewlett-Packard and Apple computers, and have been on computers longer than I wish to comment, and they have their pluses, no doubt! The benefit of the software version is that it is typed and no sloppy handwriting leaves the reader to wonder about “a’s” and “o’s”, and it is cleaner! However, it was easier when the contract was filled out in paper with pen and a couple carbon copies; relatively short by comparison to today’s version.
The California Association of Realtor’s contracts, better known as “The CAR Contracts” are impressive and a thing of beauty to behold, but can be difficult because of the software that is not all that “user friendly.” It is time-consuming to explain it’s details to a client to be clear about all the important phrases, and the extent of what the phrases mean, all of which ultimate objective is to get “Just the Facts” in order, and the paperwork signed by Buyers, Sellers, Listing and Seller’s agents. It’s actually quite an achievement to bring so many parties together for the one objective, and though lengthy, said without unnecessary frills.
So, as that cute, little girl on the Kaiser Permanente commercial says when asked if she knows where babies come from, she replies…”It’s complicated.” That is a good definition of the RPA contract too! Be sure your agent understands this important document, as it is the headliner of the whole show!
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