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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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Pleasanton Market Update… Holding Our Breath

Post on Wednesday, August 15th, 2007 | Permalink

The Pleasanton CA real estate market showed a slight increase in inventory at the end of July, as well as a moderate decline in sales. However, these statistics did not reflect the impact of the turbulance in the mortgage markets, and the subsequent impact on the real estate market. Local real estate professionals, along with buyers and sellers, are holding their breath hoping that the troubles in the mortgage market will not have a dramatic impact on the Pleasanton market.

Overall, the available inventory of single family homes ended July at 206, up slightly from 195 the end of June. Pending sales decreased from 67 at the end of July to 54 at the end of August. Fortunately, we have not seen the upward creep of inventory this summer like we experienced in 2006, which has helped keep the market somewhat stable. Sales activity has been mostly stable in the recent future. (click on the graph to enlarge)
july-all-pleasanton.jpg

The low end of the Pleasanton market (single family homes under $1 million) showed a spike in inventory and a decline in sales. Available inventory at the end of July came in at 102, compared with 91 available homes at the end of June. Pending sales declined from 45 at the end of June to 39 at the end of July. (click on graph to enlarge)
july-pleasanton-under-1-million.jpg

The mid range real estate market in Pleasanton also showed an increase in inventory and a decline in sales activity. Inventory of available single family homes in Pleasanton between $1 million and $2 million ended July at 67 homes, up from 63 homes at the end of June. Pending sales in this price range stood at 12 at the end of July, down from 17 at the end of June. (click on graph to enlarge)
july-pleasanton-1-mil-to-2-mil.jpg

The luxury segment of the Pleasanton California real estate market showed a slight decline in available inventory, with 37 available homes at the end of July, down from 41 at the end of June. There were 3 pending sales in this price bracket at the end of July, down from 5 at the end of June. Overall, conditions in this segment remain sluggish. (click on graph to enlarge)
july-pleasanton-over-2-mil.jpg

On the whole, the market right now in Pleasanton is slow, with mortgage troubles causing upward pressure on rates and uncertainty among buyers. Fortunately, inventory has not spiked as it often does in the summer months. On the positive side, this is one of the best move up markets in recent memory, as firm buyers with cash in hand can find some very good buys in the market right now. Ultimately, the mortgage troubles will be sorted out, and in the long run there is strong demand and strong job growth in the East Bay, all of which suggests that this real estate downturn will be a historic opportunity to purchase prime real estate at bargain prices without competition.

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