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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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More Housing News (and it’s not good)

Post on Thursday, July 26th, 2007 | Permalink

And now for the next chapter in the continuing saga of the national real estate slump. California Association of Realtors reports that sales decreased 24.7% in June as compared with June of 2007. The median price, meanwhile, was up slightly, increasing by 3.2% in June as compared to May of this year. So what does this mean?

“The focus on foreclosures and subprime lending is ongoing and, coupled with higher inventories of homes for sale, is prompting many would-be buyers to play a ‘wait-and-see’ role,” said C.A.R. President Colleen Badagliacco. “However, well-maintained homes with curb appeal that are priced for today’s market continue to sell. It’s often a matter of counseling buyers and sellers to set realistic expectations on both sides of the transaction.

“First-time buyers continue to be impacted by tighter mortgage underwriting standards and the affordability challenge, which has not improved significantly despite price declines in most regions of the state,” she said.

However, remember this is for the whole state of California, including Southern California, which is softer than the bay area, and the Central Valley and Sacramento markets, which are in a deep slump.

“With just over a 10-month supply of homes for sale on the market, we expect further softness in prices in the coming months,” said C.A.R. Vice President and Chief Economist Leslie Appleton-Young. “The San Francisco Bay Area continues to see leaner inventory levels compared to Southern California and the state as a whole.

“Unlike the downturn we experienced in the early 1990s, the sales decline is not driven by weakening economic conditions,” she said. “Both the California and U.S. economies continue to expand.”

Certainly, while local market conditions for Pleasanton, Dublin, and the Tri-Valley are sluggish, the market is not depressed, and in fact it is healthy when compared with other parts of the state and the country. There remains fairly steady sales, and inventory, while at a seasonal high, is still not excessive my any measure.

Meanwhile, new home builders, not to be outdone by their resale counterparts, announced today that new home sales nationally were down 6.6% in June, which was about three times the decline analysts expected. In the West, sales of new homes were off 22.5%, which is not good news. Nationally, the median home price also declined 2.2% from a year ago.

And to complete the trifecta, the National Association of Realtors announced that sales of resale homes declined 3.8% in June to the lowest level in 5 years.

Again, it is time for a sense of perspective here. Yes prices have eroded since 2005, in some markets by as much as 15%. But prices rose by 30 to 40% prior to that. And again, the prime bay area markets, such as the peninsula, South Bay, Marin, and Pleasanton, Dublin and the Tri-Valley, are doing much better than the rest of the state, and indeed the rest of the country. And if there were ever a market to buy in, this would be it.

Now back to reality…

Courtesy of California Association of Realtors and Yahoo News

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