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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.

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Why Homes Here Cost So Much…

Post on Friday, March 16th, 2007 | Permalink

I’m tired of talking about bubbles, and sub-primes, and interest rates. The fact is we live in one of the most desirable areas in the country, and sometimes I find myself in awe of what a great area this is, and how lucky I am to live in Pleasanton.

I love living here….

It was 85 degrees here today, and all the fruit trees are blooming. The hills are all emerald green, and spring is in full force. It had that kind of Friday, “nothing is too serious because the weekend is coming, and can you believe how nice it is?” feel to it. So I got home, and our kids were all spoken for (friends house, plans with friends, etc). So I grabbed my wife and said “let’s go downtown and eat”

I love living here…

So downtown we went. By now it is early evening, and downtown is bustling. People everywhere, restaurants full, people browsing through the art gallery. Oh yeah, it is 70+ degrees out… perfect weather. So we had dinner at Pastas Cafe, one of my favorites. I had the pan seared Sea Bass, and my wife had Parmesan crusted sole. It was awesome, especially with the B R Cohen cabernet. The restaurant was vibrant and full, but casual. Lots of conversation, a few laughs, and a lot of energy. Great meal….

I love living here….

So after dinner, we decide to walk along Main St a bit, and stroll over to Gourmet Works for some after dinner chocolate (the best chocolate dipped strawberries ever). Couples strolling hand in hand, families with kids everywhere, gorgeous weather… life is good. Then we stroll down to the corner where there is a Tully’s coffee and a bunch of outside seating. I get my Chai Soy Latte, and we sit out on a table and watch all the people and cars go by. There are a few classic cars that rumble by, as well as 5 or 6 Harleys parked with riders interacting with eachother. Kids are thick here, because there is a Cold Stone ice cream store, and people are all over it. We just sit and chat, and watch the people walk by (of course, I ran into like 23 people I know). Gotta kick out of the little kids, and all of their antics as a result of being all cranked up on sugar. It really doesn’t get much better than this.

I love living here…

Tomorrow is going to be just as nice. Might go by the farmer’s market in the morning… fruits & vegetables, flowers, baked goods, roast chicken, kettle corn, live music, and the humane society “adopt a pet” station. Another great chance to just stroll around and take in that small town atmosphere. Yeah, houses here are expensive, and we have traffic and hard water and wacky politicians. But when we have days like this, it reminds me of one thing. Homes here cost so much because it is worth it to live here. It does not get any simpler than that, and as far as Pleasanton, it does not get any better than that.

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