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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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That Awkward Age

Post on Monday, October 1st, 2007 | Permalink

If you are like me, you know subconsciously that you are getting older, but it is generally not something you think about every day. Days, weeks, months go by, and then one day, perhaps after viewing photos from a family event or some social gathering, you are confronted with undeniable evidence that even Phil Spector’s jury could agree on… you are getting old. And short of quitting your job, spending 7 hours a day at the gym, and getting cosmetic enhancements from your plastic surgeon, there is not a lot you can do about it.

In the world of real estate, the same phenomenon exists with regards to your home’s condition. You buy a new house, make it the way you want it, and enjoy it comfortably day after day. Time marches on. Then a few short years later, when you need to sell your home, you are confronted with reality. Your house, while only 12 or 14 years old, suddenly looks old, tired, and out of date. Many homes between 10 and 20 years old are in what I like to call the “awkward age”, where the home is new enough style-wise to be attractive (vaulted ceilings, open floorplan, large master suite with luxurious oversized bath), but cosmetically starting to show its age with out of date materials and a tired feel to it.

Part of the problem, especially in the Pleasanton CA and Tri Valley real estate markets, is that there is abundant new construction that continues to reflect the changing styles and preferences of home buyers. The effect of this abundance of new homes is that it makes slightly older homes seem much older than they are. Here are some of the characteristics of a typical home in that “awkward age”

* Oak and maple cabinets. Oak cabinets have not been in style for at least a decade. Maple was all the rage 10 to 12 years ago, but it is falling out of favor… fast. If you do have oak or maple cabinets, and they are yellowing with age, it is even more problematic. Right now, medium stained cabinets, antique glazed (painted to look rustic), and natural or stained cherry are popular.

* Ceramic Tile. Tile counters, ceramic tile flooring with dark grout lines, glossy finish, and small individual tile sizes are dated. Granite and stone is in favor for kitchen counters, and large tiles with minimal grout lines are the norm right now for tile flooring.

* Sold oak banisters. Again, it was popular 10 to 20 years ago, but it is definitely out of style now. Consider replacing it, or at the very least painting the spindles white.

* Window coverings. The old, heavy lined draperies for privacy are out. So are metal mini blinds. Wood blinds, plantation shutters, and whispy, light decorative draperies are more up to date.

* Bathrooms. Wall to wall vanities are tired. Free standing vanities with a furniture look are better choices. Cultered marble is tired. Consider granite instead (it is not as expensive as you think), or larger stone or tile. And lose the beveled mirrors over the vanity. Go with framed designer mirrors and up to date light fixtures. Tile flooring in bathroom is always preferable. Make sure they are large (18″ or more) tiles, preferably with a matte finish, or better yet, get stone or travertine marble.

* Brass anything. Brass is out. Brass door hardware, light fixtures, plumbing fixtures, and shower door trim/hardware instantly dates a home. Brushed and oiled nickel is in.

* Off white cut pile carpeting. Nice back then, out of date now. More popular now are textured and sculpted carpeting, as well as longer strand fibers (similar to shag carpeting 25 years ago). And deeper, warmer colors are in.

* Hardwood flooring. Parquet is out, and has been for a while. Narrow plank traditional hardwood flooring is also dated right now. Most popular is wide plank hardwood. If you really want to be in vogue, make it a darker color with a distressed finish.

* Neutral wall colors. It used to be that neutral was in. But that was 10 years ago. Today it is all about color. Deep, rich wall colors, often accented with white trim to create a strong contrast, instantly brings your home into style.

* Skinny baseboard, trim, and moldings. The narrow wood stained baseboard so popular 10 to 15 years ago is now a thing of the past. Taller baseboards and thicker moldings are in vogue now.

* Kitchens. Black or white appliances are yesterday’s ballgame. Stainless steel is what buyers want today. Corian, so popular a few years ago, instantly dates a kitchen today. And the big wood trimmed florescent light fixtures in the kitchen (you know, the ones with the plastic panels) are out. Go with recessed lights, or if you have a island or breakfast bar, smaller hanging fixtures with long shafts are popular.

* Colors. Blues and greys (”cool colors”) are mostly out. Warmer earth tones are in. In terms of exterior colors, a 3 color scheme is in demand. And it is no longer preferable to paint your base exterior color a neutral color. Deeper, bolder colors, much like the interiors of new homes, are very much in vogue for the exterior as well.

* Windows. The old bronze frame aluminum windows, even if dual pane, act to date a home. High quality vinyl windows are more in demand right now.

A good strategy, even if you are not planning on selling, is to tackle one or two of these projects every year. You are bringing your home up to date at a manageable pace, enhancing its value, and getting to enjoy it in the meantime. Then if the day comes where you need to sell, you are not faced with the overwhelming task of updating your home in record time before you put it on the market. If you are not sure where to start, or what to tackle first, give me a call, or consult with an interior designer, or for those on a budget, watch the Home & Garden channel for a few weeks. Or better yet, go visit some new home models and see what brand new homes look like. It is not an accident with builders… they invest tens of thousands of dollars decorating models to reflect what buyers currently favor in terms of style and decor.

The good news is that you can go to Home Depot to make your home look younger. I’m still looking for the store I can go to make myself look younger.

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