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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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What a Bad Market is Really Like…

Post on Monday, November 5th, 2007 | Permalink

Okay, we all know the Pleasanton/Dublin/San Ramon real estate market is struggling overall, but sometimes it is helpful to gain some perspective by looking at how good we have it, relative to some other markets. I have a realtor friend who has a listing in Antioch right now, and her story certainly helps us understand that our market is hot compared to some of the outlying markets in the central valley.

First, some background. Pleasanton currently has 186 detached homes on the market, Antioch has 1069. Antioch had 59 pending sales in October, and Pleasanton had 45.

This particular house in Antioch is just over 2000 sq ft, with 4 bedrooms, 2 baths, and a 3 car garage. It is a relatively new home (6 years old) in a desirable area by a good builder.

In May, the house across the street from this home sold for $745,000. It was a larger home, with over 2500 sq ft. The subject home was listed in May for $649,000, which seemed like a good price. However, after 2 1/2 months on the market with no offers, the owners lowered the price to $599,000. Still no offers, and very slow activity. The owners have a mortgage balance of about $530,000 on the home, so they did not have much equity. After a couple of months at $599,000, the wife lost her job, and they became extremely motivated to sell. They lowered the price to $449,000, which is far below their loan balance. So it is now a short sale situation, where the bank will hopefully agree to take less of a loan payoff as an alternative to taking the house back in foreclosure. The agent has basically given up, and does not even list a price on the home flyer… instead, she put “call for price”.

The Antioch market is a disaster. By some counts, as much as 40% of the homes for sale are distressed sales, either foreclosures or short sales. On top of this, you have builders with unsold inventory who are willing to give away whatever is necessary to sell their glut of unsold homes. Now this is a tough market.

Compared to this situation, the Pleasanton and Tri-Valley market is doing very well. Our inventory is relatively stable, and although sales levels are down from the summer, there is activity, and some homes are even selling in less than a week, often close to asking price. The intent here is not to rejoice in other people’s problems, but rather to help appreciate how good we really have it here.

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