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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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High Rise Towers in Dublin??

Post on Wednesday, August 15th, 2007 | Permalink

In case you haven’t noticed, Dublin has embarked on an aggressive campaign of growth the past few years, including several retail and mixed use projects, as well as scores of high density condominium projects.

Now Charter Properties is approaching the city of Dublin looking to build 4 high rise towers, ranging from 19 to 21 stories each.

The project would have the tallest buildings in suburban East Bay and would dwarf everything for miles around. Other than Oakland’s 28-story Ordway Building and the 30-story Pacific Park Plaza in Emeryville, there are no taller East Bay buildings.

The towers, which would include a 100-room boutique hotel, a luxury gym and spa, 20 luxury single-story condominiums and 30 live-work units, would easily dwarf the next tallest building in town — Sybase’s six-story headquarters in east Dublin.

The towers would go up on Grafton Street next to a Lowe’s Home Improvement store that is under construction.

In Pleasanton, which faces Dublin on the opposite side of I-580, the tallest building is six stories high.

“We don’t build buildings that tall in Pleasanton,” Mayor Jennifer Hosterman said when she was told of the plans being considered. But, she said, “I can’t speak for Dublin.”

“I imagine the people of Dublin may embrace that type of project,” she said, noting that the city has embraced many other large-scale projects.

Yes, this is a bold proposition, and there would certainly be an impact on traffic in the surrounding area, as well as other considerations such as shadows and potentially altering the views for neighboring buildings. But this might be what the future looks like for the Tri-Valley region, as traffic and congestion make longer commutes to the central valley more and more difficult. Clearly, urban planners in the Bay Area are embracing higher density development close to transportation hubs as a way to reduce traffic and provide more housing.

The four towers will house 675 units. Empty nesters and those looking for a smaller home with a more urban feel without having to move to San Francisco or Oakland might enjoy the development, Inderbitzen said.

Many cities in the East Bay have height restrictions. Concord permits buildings as high as 200 feet in its downtown area, but cities such as Lafayette, Livermore and San Ramon have restrictions that do not allow buildings to be more than 45 feet tall, although developers can apply for a variance.

Walnut Creek residents voted to cap new buildings at a maximum of 89 feet, or six stories. Richmond has a height restriction of 75 feet in some corridors and 35 feet for residential projects.

Buildings of these sizes are generally located in urban areas where space is tight, but Linda Dalton, an expert on city planning issues at Cal State East Bay, said building up instead of out is becoming a trend.

“Land gets expensive and people want to reduce their commuting. That ends up meaning more density,” Dalton said.

Dalton, who has not seen the project plans, said that, ultimately, the City Council has to decide whether the project fits into city plans.

Building towers may seem strange now, but Dalton said the thought of building multiple-story condominiums and apartments in suburbs 30 years ago would have had people scratching their heads.

Dublin planning commissioners and City Council members have said they have no problem entertaining the high-rise notion, but they do have questions about how the project would affect the city — how large would shadows cast by the towers be, how it would affect the city’s job-housing balance and how it would work with other retail, office and residential buildings being constructed nearby.

Inderbitzen said some studies on how the project would affect the city — and sunlight — are being conducted, although more would be scheduled if the city is interested in the project

“The fact that it is different doesn’t bother me at all,” said Mayor Janet Lockhart. “It’s just about making sure it fits in our community.”

Courtesy of the Contra Costa Times

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