680 Homes

Click to access each drop down menu.

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.

» more questions like this

Reader Poll

When Are We Going to Hit "the Bottom" of the Real Estate Slump?

View Results

Loading ... Loading ...

Why Are Some Markets Better Than Others?

Post on Tuesday, November 13th, 2007 | Permalink

We’re all guilty of it. We read all the doom and gloom headlines about the national and California real estate markets, and automatically project it into our own market. The truth is that while overall the market is sluggish, some markets are much weaker than others. The Central Valley and the distant reaches of Contra Costa County are much worse than the Tri-Valley, Silicon Valley, and the Peninsula (when is the Peninsula market ever bad?). What are the factors that determine whether a given market is performing well, or is mired in a severe real estate recession? In my opinion, there are 5 main factors that determine the stability of a suburban real estate market.

1. Schools. Many buyers select communities based on the quality of the public schools. The better the schools, the more likely buyers will choose that community, even if they don’t have school age kids. Certainly, it is easy to see that the communities with the best schools are faring the best in the current market. Pleasanton, San Ramon, Danville, Palo Alto, Los Altos, Lafayette, Moraga, and Orinda, for example, all have top quality schools, and all are outperforming the rest of the state in terms of the health of the real estate market. Similarly, Tracy, Stockton, Antioch, and other cities with less attractive public schools are struggling right now.

2. Commute Accessibility. The closer the community is to major job centers, the better the demand is. Given a choice, buyers will generally opt for a shorter commute when all things are equal. In fact, they are typically willing to pay more for a shorter commute. Conversely, a community with a long commute will have to be less expensive to compete. It is a trade off: Time and commute expense vs. a bigger, newer house. The problem is that gas is approaching $4 per gallon, and some commuters are finding out that there are other costs to commuting that they downplayed, including time away from family or loved ones, stress, frustration, wear and tear, and fatigue. It makes sense that communities closer to job centers typically fare better than outlying communities with longer commutes. Palo Alto, Los Gatos, Orinda, Lafayette, Cupertino, Los Altos, Burlingame, and San Rafael all offer excellent commute accessibility, and are relatively stable markets. Tracy, Antioch, Stockton, Manteca… well, you get the idea.

3. Jobs. Suburban cities that have a strong corporate presence and an abundance of higher paying jobs also perform better. When a community has an abundance high paying jobs, then the average income in the city tends to be higher, the demand for housing stronger, and the schools tend to be better. San Ramon, Pleasanton, Cupertino, Palo Alto, and others have many major employers in the city limits, and this helps create demand. Oakley, Byron, Brentwood, Manetca, etc are not considered major corporate job centers, and the market in these communities is bordering on abysmal.

4. Supply Limits. When cities have limited land availability, they tend to have a stronger real estate market. There can be natural barriers to supply (the Bay, mountains, city limits, geography), and there can be man made impediments to supply (slow growth politics, lack of water or sewer resources, exorbitant fees). But the fact remains, when there is an abundance of buildable land, the market tends to be more volatile, as any uptick in prices will invite home builders to build more homes. And any reversal in the market typically gets amplified as well, as ample land means aggressive builders will often be saddled with unsold inventory, which puts pressure on the builder to cut prices and/or offer incentives to get their homes sold. This is a major part of the reason the Central Valley real estate market is having such a difficult time right now… there is a huge number of unsold new homes available, and in a motivation contest, a builder will win every time. Builders will do whatever it takes to sell their inventory, and this further depresses the prices of resale homes.

5. Income. Cities with higher median income typically fare better than markets with lower median income. Simply put, people of higher means usually have more financial resources to weather any storm, and often have more equity in their homes. First time buyers and moderate income buyers tend to gravitate towards the less expensive markets where they can get a decent home for less money. Again, this is a big factor in the disastrous markets in the Central Valley, where many buyers got in for little or no money down, and do not have the resources to wait out the market. The foreclosure rates in cities like Stockton, Antioch, Tracy, and Mountain House are significantly higher than the high income areas of Pleasanton, Danville, Alamo, Lafayette, Palo Alto, etc. Cities with high foreclosure rates experience a much more severe decline in prices, as distressed sales drive down prices.

In summary, how a community scores on these 5 factors will go a long way towards determining how stable the real estate market is. Of course, everyone would love to live in Palo Alto or Pleasanton. But the reality is the most stable real estate markets usually tend to be the most expensive, so at the end of the day buyers have to balance this equation with what they can afford.

Popularity: 13% [?]

No Comments » | Tags: , , , , , ,
Share This | Print This Post Print This Post

No Comments for the post:
Why Are Some Markets Better Than Others?

No comments yet. Why not post one?

Leave Your Comment::
Your e-mail address will never be displayed, however both your name and email are required. Please be mindful of what you're posting.
Press "Submit Comment" when you are finished and wish to publish your comment.

Search

Subscribe




My Zimbio
Top Stories

Sign up to receive new posts via e-mail:

Most Popular Posts

Resources

Home Search & Real Estate Web Sites

Latest Posts

Archives

» Full Archives

Cool Links

Cool Blogs