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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.

» more questions like this

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Just In: Walnut Creek (median) Home Prices drop 25%!

Post on Tuesday, April 3rd, 2007 | Permalink

This from the Contra Costa Times today:

East Bay cities such as Berkeley, Brentwood, Clayton and Walnut Creek experienced a nearly 25 percent drop in median home prices from February of last year.

Walnut Creek’s median home sales price dropped to $519,000, according to DataQuick Information Systems, making it lower than the median home price for Martinez, Brentwood and Pinole.

Before you panic and put your home on the market, please take a deep breath and relax. As we have discussed several times on this blog, median home price tells you… well.. what the median home price was for a given period of time. Although it is used extensively by the media, it is not necessarily an indication of increases or decreases in values. It can be impacted by factors that have nothing to do with whether market values are going up or down, especially if the sample size is relatively small (for example, taking the median home price for an individual city). This from the article:

But many say those statistics can be misleading because DataQuick’s numbers include condominiums and both resale and new single-family homes.

“There were two condo conversions going on in Walnut Creek,” said John Karevoll, a DataQuick analyst. “It looks like those tugged the home median price down.”

Walnut Creek is known for its mostly resale housing stock and condominiums which can cause “bounciness,” Karevoll said. Condominiums, especially older resales, can drop prices quickly just as new homes give prices a jolt upwards. He said this can make a city like Martinez, which has a significant number of new homes and fewer condominiums, seem to have higher prices.

“People really should be looking at the broader trend,” he said. “If a new housing tract is open, home sale prices will go up.”

Smaller numbers also can create bigger swings in price. In tiny Moraga and Orinda, which had about a dozen sales each and rising prices, one home can push down or pull up the price hundreds of thousands of dollars, said Micky Gill, an agent with Century 21 Hosking Associates in Walnut Creek.

In the case of this article, the median home price in Walnut Creek is higher than of Martinez, Brentwood, and Pinole. If the relative values were less, I would expect to see gridlock in the streets of Walnut Creek, as throngs of buyers from Martinez, Brentwood, and Pinole would be beating down the doors of available homes in Walnut Creek and bidding frantically to snag one of these “bargains” in this “less expensive” area. Sure. And if you believe Walnut Creek is less expensive than these cities, I know of some swamp land you might be interested in as well.

A good rule of thumb is to take everything the media says with a grain of salt. Find local sources of information for the real story on what is happening in your market (like this blog, for example), or talk with professional brokers in your market to get an accurate take on the market.

Now, go get that For Sale sign out of your yard, calm down your wife and kids, and relax. Besides, if you really want something to get excited about, The Sopranos starts Sunday night.

Read the whole article.

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