680 Homes

Click to access each drop down menu.

About

Doug Buenz
Real Estate Broker
Alain Pinel Realtors
(925) 463-2000


I am a local Real Estate Broker with Alain Pinel Realtors serving the Pleasanton and the Tri-Valley area. I am an avid watcher of the local real estate market, as well as cultural and political events. But that is what I do, not who I am... » read more

Real Estate Q & A

Unreasonable buyers asking for more money from Seller


I entered into a contract to sell my house a couple of weeks ago. Because the market is slow, I ended up taking a lot less for my house than I was planning on. Now the buyers have had inspections, and they want me to credit them $3500 for repairs, most of which are complete B.S. I am really mad about this. Should I tell them to take a hike? Fred W.

Fred, take a deep breath and relax. In some ways this market can be called "Revenge of the Buyers". Remember 4 or 5 years ago when Sellers told buyers things like "take it or leave it" or "don't ask for anything to be fixed... we have 2 other buyers who want it". Now the tables have turned. Don't get hung up on the details of what the buyer wants. Some may be legit, and some might be categorized as outright extortion. But so what. If you want to sell you house, swallow hard and sign it. If you think you can do better in this market, tell them no. It is really that simple. But tread carefully, because working with buyers today is a little like trying to feed a squirrel. They don't really trust you, they are skittish, and at the first sign of trouble they go scampering for the woods. If you refuse the $3500, it could end up costing you $5000, $10,000, or even $20,000 more to get the next buyer in contract.

Stubborn Seller Won't Move Out?


I am buying a house in Pleasanton, and the contract is signed and the escrow is getting ready to close, and the seller decides he does not want to move out at close of escrow, but wants a week after close to move out. When we express the fact that this will not work for us, he threatens to cancel the contract. Can he do this? Ben in Pleasanton

Ben, I have good news and not so good news. The good news is that no, the seller can not unilaterally cancel a ratified contract just because he doesn't get his way. If all contingencies are removed and you are coming down to the wire, the seller can't arbitrarily start changing the terms. And he certainly can not cancel a contract. Real estate contracts are bilateral. they require the agreement of both the buyer and seller. If he attempted to cancel the contract, you could likely tie up his property so he could not sell it to someone else, and take him to court to force him to sell to you under the terms of the contract. That is the good news. The not so good news is that this course of action is time consuming, emotionally draining, and costly. If the seller becomes difficult to deal with, try to relax and work around him if you really want the house. You can always take him to small claims court after the close to recoup any out of pocket expenses you incur. Unfortunately, there is virtually no protection in a contract for an obstinant seller. You can either put up with him as best you can, and then seek renumeration in small claims court, or threaten him back, but it is difficult if not impossible to physically force the seller out of the premises. As always, consult an attorney about the specifics of your case.

Confusion on Commission Agreement?


Doug, my friend listed her house with an agent with the understanding that if one of her friends (named specifically) buys her property, the agent would be compensated at 4% commission. So one of her friends has made an offer. When the agent sent my friend the estimated pay out from the transaction, the agent put in her commission as 6%. Her explanation is that the original deal was only good until she listed the house in MLS. Is this ethical? Or legal? Or standard practice? Ginny C.

Ginny, that is a great question. As is often the case, the devil is in the details. Any agreement involving the sale or transfer or brokerage of real estate in California must be in writing to be enforceable. So if there was no written clause regarding the friend, then your friends are out of luck. So is it legal? I think a better question is the agent legally entitled to the 6%. Based on what you have described, the answer is yes, since there obviously is no written agreement regarding this situation. Is this ethical? I always have a problem with any party that does not honor the spirit of an agreement, even if the details are not specifically spelled out. But keep in mind that neither you nor I heard what was actually said. Again, this is why all agreements dealing with real estate must be in writing. I this standard practice? Again, I am not sure what you are referring to, but if there is an exception or exclusion to the commission agreement for one party, there normally is a time limit during which the party must act. Whether or not that was clearly stated in writing, or clearly explained, is a matter of conjecture at this point. The lesson here is to always get agreements in writing, especially if they are modifications to standard agreements.

» more questions like this

Reader Poll

When Are We Going to Hit "the Bottom" of the Real Estate Slump?

View Results

Loading ... Loading ...

East Bay Market Outlook

Post on Wednesday, January 10th, 2007 | Permalink

Ok…here we are in the first few days of the New Year. Along with the deluge of diet and health club ads we get predictions for what this year will bring for the Pleasanton area and East Bay real estate markets. We know one thing for sure… there is no consensus. Some see a market much the same as 2006, others see stabilization and more activity, and still others see another year of soft conditions and price deterioration.

Here are three different opinions from experts as reported in the Contra Costa Times

Most residential real estate professionals are calling 2007 a transitional year, for better or worse. Although there’s some disagreement about what the new year will hold, the only consensus is that it will not be a year of booming appreciation or sales like those seen in the past five years.

The majority also said that home prices will drop slightly in 2007, but sales may stabilize to historically normal levels. Most said that sellers have to be more realistic and buyers should be warned that there is no huge decline in prices projected, even by the most objective economists.

The Economist

Ed Leamer,Director
UCLA Anderson Forecast, Los Angeles

Comfortable in the role of real estate agent bugaboo, Leamer, UCLA Anderson Forecast’s director, rarely holds back on bad news. However, Leamer said he didn’t foresee the residential real estate market changing dramatically in 2007.

“We expect that existing home prices will continue to slide just a little because buyers and sellers are looking in opposite directions,” he said.

Leamer said that new homes will fare better in 2007 with more competitive marketing and pricing.

Price appreciation will not be considered normal, meaning 5 percent or 6 percent a year, but probably closer to 2 percent or 3 percent, he said. This period could last from a year to five years.

The problem with home sellers is that many aren’t seriously selling but testing the market to see whether they will get their ideal price, he said. There’s no immediate need to sell, so they won’t.

He said buyers should also stop thinking that the longer they wait, the better the deal.

“Prices will come down a little, but they will come down so slowly the strategy of waiting and waiting will not work,” Leamer said, adding that in the past, prices dropped 25 percent — but over five years. “They need to lock in that mortgage rate and stop reading the real estate page.”

The Real Estate Industry Spokesman

Robert Kleinhenz, Deputy Chief Economist
California Association of Realtors, Sacramento

Kleinhenz said the East Bay’s real estate outlook would track closely with that of the state, only with slightly higher price appreciation because of the Bay Area’s leaner inventory.

“I would be surprised if we saw any huge deterioration in home prices, but I would expect some small declines,” he said.

Kleinhenz said he expected interest rates to stay fairly low throughout the year, a sign the housing market could hold steady or improve. “I would suspect in the second or third quarter the Federal Reserve Bank may cut rates,” he said.

Prices won’t be languishing into the next decade, Kleinhenz said. “I think if the economy continues to expand and does not head into a recession, we shall see the housing market stabilize in 2007,” he said.

The Builder

Drew Kusnick, Territory President

KB Home South Bay, Pleasanton

Kusnick said he’s much more optimistic about the coming year. The past six weeks have been profitable, and he has been able to raise prices on new homes after six months of cutting them.

“I think it will be a transitional year,” he said. “I think we’re seeing prices stabilize right now and seeing more people buying. Now, there seems to be some real demand in the marketplace.”

The decrease in inventory and more buyers starting to look serious have contributed to this, he said. “I think we’ve seen the depths of where we were going to go,” he said. “I think the key factor is buyer confidence and demand.”

Kusnick said the market has picked up fastest in communities in the South Bay, where there’s less competition, followed by the Tri-Valley and competitive East Contra Costa County.

Nearly everyone agrees on one thing. There will be no strong price appreciation this year. But aside from that, there is a diversity of opinion on the local real estate market. What is my opinion? I will give you my opinion soon

Read the whole article here.

Popularity: 4% [?]

No Comments » |
Share This | Print This Post Print This Post

No Comments for the post:
East Bay Market Outlook

No comments yet. Why not post one?

Leave Your Comment::
Your e-mail address will never be displayed, however both your name and email are required. Please be mindful of what you're posting.
Press "Submit Comment" when you are finished and wish to publish your comment.

Search

Subscribe




My Zimbio
Top Stories

Sign up to receive new posts via e-mail:

Most Popular Posts

Resources

Home Search & Real Estate Web Sites

Latest Posts

Archives

» Full Archives

Cool Links

Cool Blogs