Why ThinkSmart Realty Makes Sense

ThinkSmart Realty makes sense for two primary reasons, the flat fee and a superior skill set. 

THE FLAT FEE

The Internet Sells the House. We live in a digital world. A home is listed in the MLS, buyers or their agents find it, view it, make an offer, and a contract is negotiated and signed. 

In the old days, before the internet, a listing realtor actively marketed the house. That is no longer the case. The vast majority of home sales are initiated by the buyer or buyer’s agent finding the home online. The old commission structure of 6% was created in an analog world. It no longer makes sense in the digital world. 

For a flat fee of $3,000 ThinkSmart Realty provides complete real estate brokerage services, with one exception: we do not go to the property. You handle the showings yourself. By conserving our travel time, we can offer the best, most complete service for a reasonable fee. 

THE SKILL SET

Michael Samuels is an attorney and a realtor. He graduated from Columbia University in 1980. He graduated from Harvard Law School in 1985. He has been practicing law since 1985, obtained his realtor’s license in 1995, and obtained his real estate broker’s license in 1998. He has handled many hundreds of real estate transactions, as a realtor and a lawyer. His knowledge of real estate sales and law is broad and deep.

Once an offer is received for the property, the rest of the process is a matter of negotiation and advice. Much of it is legal advice. An initial contract must be drafted and signed. An attorney is trained in drafting contracts. Usually, after the contract is signed, the buyer will inspect the property and send the seller a list of requested repairs. The parties then negotiate regarding whether the seller will make repairs or offer a financial compromise in lieu of making repairs. An addendum is drafted and signed, describing what the seller has agreed to do, if anything, and waiving further inspections. The repair addendum must be precise and unambiguous to avoid subsequent disputes: an attorney is expert in precise, unambiguous draftsmanship, which is crucial for an addendum of this nature.

After the repair addendum is signed, the seller makes the repairs, an appraisal is done, a title examination is conducted, financing is procured and the parties, hopefully, proceed to closing. Unfortunately, disputes or other issues frequently arise. Typical problems include:

1. Inadequate repairs
2. Missed deadlines
3. The buyer’s financing falls through
4. Title defects
5. One party or the other simply refuses to fulfill their contractual obligations

An attorney is trained in dispute resolution and contract enforcement. 

Realtors are prohibited from giving legal advice. They cannot advise you about whether a supposed title defect is legitimate, whether a party has an enforceable claim of breach of contract, who is entitled to the earnest money, etc. If a contract needs to be drafted for repairs to be completed post-closing, or you need a post-closing lease, or a power of attorney, or an unusual contract clause, realtors are prohibited from helping you with that. 

ThinkSmart Realty offers a unique combination of skills. Michael is an experienced attorney and realtor who has seen it all after many years of experience. He can provide wise advice and guidance, both practical and legal, about every possible aspect of the transaction. He can draft clear, unambiguous contracts. In short, he can do everything necessary to protect your interests and guide you from listing to closing.