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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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Let’s Hope Bernanke is a Good Driver

Post on Sunday, September 23rd, 2007 | Permalink

So hot off the heals of the Fed’s lowering of the Discount Rate by 50 basis points (.5%), there was great optimism that this would give a shot in the arm to the struggling housing market. Much of the population, including many realtors, assume that the Fed has lowered Mortgage Rates, and that it is the Fed that controls the interest rates on mortgage loans. Just to dispel any misconceptions about this, take a look at the graph below. It shows the Federal discount rate, which the Fed just lowered last week, and both conventional (i.e., under $417,000) and jumbo fixed rates. And guess what… after the Fed lowered their rates, the rate on 30 year fixed mortgage loans did change: They went up. (click on graph to enlarge)

fed-rates-1-sept-07.jpg

So why is this? First the easy part. Long term interest rates are set by the market, not by the Fed. It is the bond market that determines the direction of long term interest rates, and it is subject to our old friends supply and demand. The largest factors for the direction of long term interest rates are the threat of inflation and future strength of the economy, and they are related. So why would the Fed’s lowering of the Discount rate cause long term rates to rise? Because investors view the Fed’s cut of these rates as potentially inflationary, or increasing the risk of future inflation. Further adding to the concern is the government’s moves to add liquidity to the financial markets and banking industry, which while helping the struggling capital markets, also increases the money supply in circulation. Both of these moves can be perceived as adding to the risk of inflation, especially when the cost of energy (oil) is now at an all time high, which is also fuel for inflation. And if the economy heats up on top of these events, we could see more increases in long term interest rates, which is where mortgage rates are tied.

Take a look at this graph. It again shows long term mortgage rates (both conventional and jumbo), and the Purchasing Managers Index, which is an index that predicts the future strength of the economy (there are several). There is a very strong correlation between the direction of the Purchashing Managers Index and long term mortgage rates.(click on the graph to enlarge)

fed-rates-2-sept-07.jpg

The September jobs numbers are due out in a couple of weeks, and if they show that employment has slowed, and therefore the economy is slowing, then there will generally be downward pressure on long term rates, as there will be less threat from inflation. If, however, the jobs numbers show employment is growing and the economy is heating up, look for increases in long term rates.

This puts us in somewhat of a predicament. On the one hand, the Real Estate Industry wants low, stable long term rates, which means we benefit when the economy slows down (unemployment increases). But of course, if the economy slows down too much, we will be in a recession, and that would be bad for business as well. What we really hope for (and what the Fed is trying to achieve) is slow, steady growth without inflation. The Fed tries to balance this by controlling the Discount rate (the rate banks can borrow money from the Federal Reserve).

I have on occasion heard some people say “Wouldn’t it be great if fixed mortgage rates get below 5%!”. Unfortunately, for that to occur, we would likely have to be in a deep global recession where there is little demand for capital from consumers and businesses, and if that occurs, most people are not going to be comfortable buying anything, let alone a house. Remember, the goal of the Fed is slow, steady, sustainable growth with low inflation. When growth slows too much, or there is risk of recession, the Fed will generally step in and lower the Discount Rate, which in effect lowers short term interest rates. When the economy starts to heat up and inflation becomes a concern, the Fed will generally step in and raise their rates to slow down the economy. Think of this analogy: It is like the Fed is driving a car (the economy), and it alternates between the gas pedal (lowering rates) and the brakes (raising rates). Let’s hope Bernanke is a good driver…

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