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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 CA Mid October Market Update

Post on Tuesday, October 16th, 2007 | Permalink

Well, we’re half way through the month of October, and the Pleasanton real estate market is moving along at about the same relative pace that is did last month. So far in October, we have 16 single family homes that are pending, which is about the same as the first half on September. Right now, there are 215 single family homes on the market in Pleasanton, which indicates that inventory, while up slightly from the end of September, is relatively stable. But there are some interesting observations about the recent activity in Pleasanton. Since September 1st, there are 50 homes that have gone into escrow (some of which have closed escrow). When you take a look at the all of these sales, several trends emerge:

* Over 50% of the sales (28 sales) were on the market for 30 days or less, and almost 1/3 of these sales (16) were on the market for 14 days or less.

* Of these sales that occurred in 30 days or less, only 3 of the 28 sales had a price reduction

* Of the 22 sales that were on the market for over 30 days, 77% of these sales (17) had price reductions

* Of the 11 sales that were on the market for over 60 days, 91% of these sales (10) had price reductions

So what conclusions can be drawn from this data? Here is my opinion for what it’s worth:

1. Good News. There are homes selling, some very quickly. Buyers are still out there… they just need to be convinced that the home is a good value

2. Your best chance to sell your home in the current market is within the first 30 days. It should be prepared for the market by making sure it looks the best. Paint, carpeting, landscaping, and other cosmetic improvements should be done ahead of time to ensure that your home looks its best when it first hits the market, when interest from buyers is typically highest.

3. If your home does not sell within the first 30 days, a price reduction will often be necessary to keep the momentum and continue to attract attention from buyers.

4. If your home is on the market for 60 days or more, a price reduction is pretty much mandatory to make your home attractive.

Success in selling your home in today’s market requires that the seller be flexible, and adjust to the market. One thing about markets, they always tell you where you stand if you listen. So prepare your home for the market, price it to be attractive, and you have a much better chance of getting your home sold quickly at a decent price. And it is certainly true in this market that the sooner your home sells, the better the price you will get. If you have questions on how to get your home prepared and priced correctly, give me a call.

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