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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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Do Swimming Pools Add Value to a Home?

Post on Tuesday, November 27th, 2007 | Permalink

This is one of the questions I get asked a lot. Like most questions dealing with real estate values, the answer is … it depends. Certainly, no one can deny that in the Pleasanton/Dublin/San Ramon area, a sparkling pool on a hot sunny day is hard to beat. But pools can also be a detraction from a home’s value. There are many factors that go into the impact of a pool on a home’s value. Here are some to think about:

1. Lot size. In general, the smaller the lot, the more likely it is that the pool will not add any value, and may in fact detract from the value of the home. With families with small children, or who are planning on starting a family soon, pools are often a negative. Part of this stems from every parent’s concern for the safety of their kids, which is certainly a strong emotion. The other issue with smaller lots for buyers with kids is that often the pool takes up a good portion of the yard, which does not leave much room for grass, a playground, or space for kids to play sports, etc. And since buyers with children make up a sizable portion of the buyers today, if you have a small yard, a home with a pool may sell for less than a comparable home without a pool. Of course, there are always exceptions. I have seen homes with very small lots that have gorgeous tropical pools with palm trees, waterfall, and spa, and in those cases the pool definitely adds to the appeal of the home. But if the deep end of the pool is two steps from the family room slider, a pool will often detract from the value of the home.

2. Age of the pool. A gorgeous “Sunset Magazine” free form pool with a pebble tech surface, waterfall, spa, and desinger pool decking will often add value to a home. In this case, a pool can have strong emotional appeal, and it becomes a lifestyle issue. Bonus points here if the seller can hire young, healthy, tanned models to lounge by the pool when buyers are touring the home. Conversely, a older pool with fading plaster, cracked coping, and the Brady Bunch era sparkling pool decking can be a turn off to most buyers, especially if there is a rusted out diving board or a rickety old slide to compliment it.

swimming-pool.jpg

3. Maintenance. Some buyers avoid pools because they do not want the hassle or expense of maintaining it. And again, if it is an older pool, the maintenance issue tends to be more pronounced. Equipment leaks, lights burn out, and parts break. And who hasn’t tangled with a seemingly demonic pool sweep that squirts water at you every time you turn around? Even solar panels, which save money on electricity, add to the maintenance of a pool, as there can be leaks in the panels or pipes. And the cost of running the pumps is not insignificant.

4. Placement. Where the pool is placed in the yard can have an impact on the value of the home as well. A large pool placed in the middle of a small lot can again leave little room for other amenities like patios, decks, gardens, and lawns. Conversely, a smaller pool carefully placed to maximize the left over yard area is more likely to be attractive to potential buyers.

5. Design elements. Again, modern designer pools with spas, waterfalls, and other amenities are more likely to add value than stand alone pools with dated finishes. Things like LED lighting and infinity edges can enhance the appeal of the pool, and the attractiveness to buyers. And no, above ground pools are not popular with today’s buyers.

5. Price range. The impact of a pool on a modest tract home is somewhat questionable. But on more expensive high end tract homes and luxury homes and estates, a pool is much more in demand. These homes usually have a large enough yard to facilitate a pool, with plenty of yard left over for other amenities. And buyers for these high end homes are purchasing more than just a home… they are looking for a certain lifestyle, and a swimming pool is normally associated with this. In these cases, not only do pools typically add value, but the lack of a pool can detract from the value of the home. Yes, I know, buyers can always put a pool in, but most buyers do not want to deal with the expense, the hassle, and the chaos of living with heavy construction for 4 or 5 months.

At the end of the day, whether or not a pool adds value depends on what the buyers want. But even buyers who want a pool might balk at a poorly designed or maintained pool, in which case it is likely to detract from the value of the home. And modern, well designed pools can definitely add to the appeal and the sales price of a home.

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