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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.

» more questions like this

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Home for the Holidays

Post on Friday, December 14th, 2007 | Permalink

So here’s the deal. It’s the holidays. You know, the season of rushing around in 10 different directions, worrying about office parties, shopping, Holiday cards, finding a parking space at the mall, and all the other assorted stresses that send most of us into overload. And if you are trying to sell your home, certainly the last thing you want is to have some Realtor calling you 2 days before Christmas wanting to show your home when you have your whole family coming in from Colorado, and you’re trying to find that recipe for candied yams that you saw on Emerile Live! So you do what most sellers do this time of year… take your home off the market. But is that really the smartest thing to do? I know, the holidays are already stressful enough without adding the pressure of showing your home. But before you take your home off the market, there are several compelling reasons to consider leaving your home on the market this holiday season:

1. Decorations. Few things add to the emotional appeal of a home like holiday decorations. For many, your home never looks better than it does during the holidays. You know, the Christmas tree, the lights, the stockings by the warm fire, Harry Connick playing carols… you get the picture. Your home will often have extraordinary emotional appeal this time of year, and it is appeal that sells homes.

2. Competition. When other sellers take their homes off the market, it improves the chances of your home selling. From the standpoint of supply, it makes sense to have your home for sale when there are fewer homes to compete with.

3. Motivated buyers. While it is true that there are generally fewer buyers out during the holiday season, the buyers who are out looking are generally more motivated than the typical spring market buyers, many of whom tend to be exploring their options. Not many buyers who are willing to make it a priority to see houses this time of year are simply out exploring options. Rather, they tend to be serious buyers with some pressing motivation to find a home NOW.

4. Vacation. Buyers will often have time to see homes during the holidays because they have time off work, and it is easier for them to shop for homes during the week this time of year as opposed to other seasons.

If you are concerned about giving unfettered access to agents to show your home this time of year, you can always remove the lockbox and ask that the home be shown by appointment only so you have sufficient time to prepare for any showings you might get. Buyers are often very understanding about showings this time of year.

So maybe it’s time to keep your home on the market, break out the Martha Stewart decorating tips, and make your home a winter wonderland showplace. You never know, you might end up selling your home and having a real reason to break out the champagne this holiday season.

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