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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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Mortgage Credit Crunch Affects All Price Ranges

Post on Wednesday, August 15th, 2007 | Permalink

All of the well publicized mortgage troubles are not just affecting the low end of the housing market. Even the luxury market segment is experiencing disruptions and problems in the financing arena, and it is causing some major stress, hardship, and in some cases, losses.

The credit crunch now is hitting home buyers from all walks of life, not just subprime borrowers with poor credit. That in turn could mean fewer buyers - and lower prices.

For instance, a multimillion-dollar deal in Larkspur went belly-up last week when the lender yanked the financing at the last minute.

“Everything was perking along smoothly. All contingencies were removed,” said Bill Hogan, a Realtor with Coldwell Banker in Greenbrae, who sold the four-bedroom home for $2.45 million and expected to close the deal later this month. “The loan was approved and locked in. People were ordering moving trucks, everyone was feeling euphoric.”

On Thursday, the couple buying the house learned that their lender was rescinding their loan because they were making only a 10 percent down payment.

“All of a sudden the lender, because it is backed by a series of investors that are feeling very shaky and panicky, decided it could no longer honor the loan commitment,” Hogan said. “This was not a subprime loan; this was fully documented, people with outstanding credit who own a $5 million home now and didn’t need to sell it to buy this one.”

The buyers could have gotten a mortgage at a substantially higher rate - just under 8 percent - Hogan said, but “they crunched the numbers and said, ‘Hell, no, maybe this is a sign for us to get out.’ ”

The buyers walked away from the deal, forfeiting their $73,000 deposit. The home is back on the market for $2.2 million, its original asking price.

The incident underscores how the mortgage crisis could undermine real estate prices.

Lenders nationwide have drastically tightened their purse strings because Wall Street investors, spooked by rising foreclosures and defaults, no longer want to buy mortgages. Earlier this year, both lenders and investors soured on subprime loans to people with poor credit.

But starting last week, Wall Street started to spurn jumbo mortgages - those above $417,000 - even for borrowers with sterling financial profiles. Those loans have become scarcer, harder to qualify for and more expensive.

In the Bay Area, high home prices dictate that most mortgages are jumbos.

“A month from now, when we’re reporting closings for the month of August, we think that will be a pretty lousy number because of the mortgage market crunch,” said Andrew LePage, an analyst with research firm DataQuick Information Systems of La Jolla (San Diego County).

The one bright spot for Bay Area real estate in the past year has been upper-end sales. The median price of homes has risen in many counties. That’s not because prices rose but because a larger percentage of sales was for more expensive homes. At the same time, sales of homes in what passes for inexpensive here - less than $600,000 - eroded significantly because many entry-level home buyers were knocked out of the market by tighter lending standards several months ago.

“If people are having trouble getting jumbo loans, it will put downward pressure on the high end of the market,” said Michael Carney, a finance and real estate professor at California Polytechnic State University Pomona. “People know it will be tougher to get loans. A lot of potential buyers will wait.”

There is no question that this has had an adverse impact on interest rates, especially in the jumbo loan segment (which is virtually the whole Bay Area). Still, the market will find its level at some point, and skittish investors will ultimately return to the market, although they are going to be a lot less likely to swallow many of the risky mortgage loans that the market has relied on for the past 3 or 4 years. In fact, several lenders have instituted new, more stringent underwriting guidelines to help make loans more appealing to investors in the secondary market. The flip side of this? It is harder to qualify for a loan, and if you have marginal credit or a small downpayment, you might be out of luck.

Courtesy sfgate.com

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