For Listing Agents

Five questions to ask
before you take the listing

Because the listing that can't close isn't a listing. It's six months you don't get back.

Two agents I've talked to this year had a listing they'd been carrying for months. Photos, open houses, price cuts, the whole thing. In both cases, the seller was badly behind on the mortgage — one of them by tens of thousands of dollars.

Neither agent knew. Not because they were hiding it. Because nobody had ever told them to ask.

Here's the math nobody runs at the listing appointment.

Take a $300,000 house. Commission, closing costs, title and transfer tax eat roughly 7.5%. If the seller owes $255,000 and is $40,000 behind, the payoff is $295,000 before late fees. There is no offer, at any price this house can command, that closes. The seller would have to bring roughly $17,000 to the table — money they obviously don't have, or they'd have made the payments. Add a dead HVAC and it's worse, because now no lender will fund it either.

That listing was never going to fund. Every showing, every open house, every price reduction conversation — all of it was spent on a transaction that could not legally reach the closing table. And you find out on day 170, from a title company.

The five questions

Question 1 — the one nobody asks

"Are you current on the mortgage? If not, how many payments behind?"

Ask it plainly, early, and without flinching. Sellers don't volunteer this — they're embarrassed, and they're hoping the sale fixes it before anyone finds out. It doesn't. It compounds, every single month the house sits, and it comes straight off the top of the settlement statement.
If they're behindYou are not necessarily out. But you cannot price this listing until you know the payoff, and a traditional listing may not be the right product for them at all.
Question 2 — the balance is not the payoff

"Can you request a written payoff statement from your lender?"

Not the balance on the app. The payoff, good through a date, in writing. Payoff = principal + past-due payments + late fees + lender attorney and foreclosure costs + per-diem interest. On a delinquent loan, the gap between what the seller thinks they owe and what they actually owe is routinely five figures.
It's freeOne phone call. Have them do it before you set a price, not after you've been sitting for four months.
Question 3 — what else is attached

"Is there anything else recorded against the property?"

Second mortgage. HELOC. Tax lien. HOA lien. Judgment. Contractor's lien. Any one of them has to be satisfied at closing, and any one of them can turn a workable net into a negative one. Sellers frequently forget the HELOC they opened in 2019 and never touched.
Cheap insuranceA preliminary title search before you list costs almost nothing and answers this permanently.
Question 4 — condition is a financing question

"How old is the roof, and does the HVAC run?"

Dead HVAC, end-of-life roof, an old panel (fuses, FPE, Zinsco), an active leak, structural movement, or unpermitted additions. Any of those and an insurer won't bind a policy — which means a lender will not fund the loan. Which means every financed buyer you market to cannot close, no matter what the listing says about "as-is."
The buyer pool is the issue, not the priceYou're not marketing to a soft market. You're marketing to a market that structurally cannot buy this house.
Question 5 — the one that ends the ambiguity

"If the numbers come back short, can you bring money to closing?"

Ask it before you're emotionally invested, and before they are. Most sellers have never once considered that selling a house can cost money. If the answer is no — and it usually is — then a traditional listing is not a plan, it's a delay.
This is the forkA "no" here means the file needs a short sale, a subject-to, or seller terms. Not a For Sale sign.

Why I'm handing this to you

I buy houses. That's the conflict of interest, stated up front, and you should weigh it.

But I'm not trying to take your listing. I'm trying to keep you from taking one that can't close. Those two things look the same from a distance and they are not remotely the same thing. A listing that can't fund pays you nothing and costs you six months, a marketing budget, and a seller who ends up angry at you for a problem you didn't create and weren't told about.

And if the answers come back clean — current on the mortgage, real equity, roof and HVAC fine — then list it. Go. That's a good listing and you should have it. This sheet exists to tell you the difference, not to talk you out of your business.

When the answers come back ugly, that seller still needs a way out, and you still deserve to be paid for finding it. That's usually where I come in, and there are structures that compensate the agent. But that's a conversation, not a pitch, and it only happens after you've asked the five questions.

How to ask question 1 without making it weird

"Before we talk price, I need to ask you something direct, and I ask everybody: are you current on the mortgage? I'm not judging — I just can't price this correctly or protect you if I'm working off the wrong number. And I'd rather find out now than four months in."

The free tool: I built a calculator that runs all of this — real payoff, arrears that compound while it sits, holding costs, whether a lender can even fund the house, and what the seller actually walks away with. No email required, nothing gated. Run a listing through it before you take it: therobertszigeti.com/sell