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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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The 10 Best East Bay Restaurants

Post on Monday, January 21st, 2008 | Permalink

At least according to the Contra Costa Times. Now I know I live a sheltered life, because I have not been to any of these on the list. But this critic has, and here is his list of the 10 best. Most of these seem to be new restaurants, so maybe I get a pass for not having eaten there. Some of them definitely look interesting.

1. Wood Tavern. An instant success, the restaurant’s tempo blends the best of urban sophistication and neighborhood charm. Rich and Rebekah Wood, previously owners of Frascati in San Francisco, are ever-present. The food, by chef Maximilian DiMare, is at once refined and rustic, delivering bold flavors and hearty portions in a pretty package. Salads are sublime, the Hot Pastrami at lunch is transcendent, and DiMare shows talent with anything cured or smoked. 6317 College Ave. (at Alcatraz Avenue), Oakland. 510-654-6607.

2. Metro Lafayette. Metro was Contra Costa’s biggest hit this year. True to its name, it gave this hamlet a taste impeccably fresh oysters to skin-on fries. Founding chef Mark Lusardi has just departed, but Jack Moore, the tireless owner, insists that the kitchen hums without him. Minimalism is hip, but Metro distills the formula: refining service, simplifying and purifying the menu, and surrounding it all with an arty, almost austere, ambiance. Great wine list. 3524 Mt. Diablo Blvd. (in the Safeway shopping center), Lafayette. 925-284-4422; http://www.metrolafayette.com.

3. Riva Cucina. The stripped-down cuisine here has startled some, but most foodies find it refreshing, on a par with Oliveto and Bay Wolf. Young chef-owner Massi Boldrini delivers — a stunning piece of fish, of cheese, of tomato, a little salt, a little olive oil — accentuating natural goodness. Riva is out of the way, but worth seeking out. While Boldrini’s cooking is sweet — from ripe produce and careful caramelization — it’s not overly rich. Small but stunning Italian wine list. 800 Heinz Ave. (at 7th Street), Berkeley. 510-841-7482; http://www.rivacucina.com.

5. Maria Maria. Maria Maria’s mellow-dramatic, wick-lit quasi-hallucinogenic dining room has you melting in your seat. Moles have a fruity, haunting complexity. Vegetarians will love the roasted chile rellenos; everyone else should indulge in a platter of carnitas, served in glorious gnarly chunks. A trio of salsas are best chased with agave-enhanced margaritas. 1470 N. Broadway, Walnut Creek. 925-946-1010; http://www.mariamariarestaurants.

6. Digs Bistro. Call 2007 “coming out” year for Digs. For 30 months, it was an underground “restaurant” where friends could gather to eat good food and indulge in the local music and arts. The 35-seat restaurant has all the charm of a fairy-tale cottage, including dishes with a homespun honesty. The cooking style is honest and gutsy — American, you might say — with just enough finesse to park in California. Start with the charcuterie and finish with a sundae. 1453 Dwight Way (at Sacramento), Berkeley. 510-548-2322; http://www.digsbistro.com.

7. Huynh. A number of Vietnamese restaurants — both upscale bistros and humble noodle houses — opened in 2007, but none outshone Huynh’s Jan. 6 debut. The dining room’s varied shades of green capture all that’s compelling about this fresh, calming and refined cuisine. The serving platters — metallic, Asian and shapely — are dazzling by themselves, and well-suited to the stark presentations. Look for stuffed squid, steamed bass with coconut broth and crusty Shaking Beef. 1512 Locust St., Walnut Creek. 925-952-9898; http://www.huynhrestaurant.com.

8. Gigi. Slammed with customers the moment the doors opened in July, chef/owner Jeff Amber is just now catching his breath. His dishes, when the kitchen is calm, don’t blow you away so much as nourish you, like a market-inspired weeknight meal. He’s at his best with french fries, salads and seasonal presentations of fresh fish. The setting, in the antique cottage that housed Kaffee Barbara for 30 years, has the same sprawling brick patio and a refurbished, contemporary indoor space. 1005 Brown Ave., Lafayette. 925-962-0882.

9. Baci Ristorante. The garish decor will tell you otherwise, but Baci is trying hard to bring fine dining to Vallejo. With dishes such as grilled bitter lettuce and whole poached fish, Baci’s menu has the sex appeal of a Tuscan trattoria. Chef Scott Larson persuaded the owners to go upscale. It was a move as gutsy as the pastas are bold. Larson uses a minimum of sauce, extracting maximum flavor by searing produce and protein in extra virgin olive oil. 324 Virginia St., Vallejo. 707-552-4888; http://www.bacicaffe.com.

10. Sahara. Mahida and Abe Hadeed have established a winning restaurant in a location that has struggled for years. Their dining room is bathed in the warm, golden tones of dunes at sunset. High-quality authentic kabobs, hummus and falafel are served at reasonable prices. Delicious wraps at lunch. Mahida makes everything by eye, taste and hand, meaning she’s in the kitchen all day, every day. Wines are quite reasonable. Service can be amateurish, but that just adds to the relaxed atmosphere. 907 First St., Benicia. 707-746-0505.

Absent from the list but definitely worthy of mention (in my humble opinion) are

Forbes Mill, Danville (Very good steaks and seafood)
Havana, Walnut Creek (trendy Cuban restaurant with great bar)
Izzy’s Steak House, San Ramon (Classic steak house)
Piatti’s, Danville (Still one of the best italian restaurants in the area)
Pasta’s Trattoria, Pleasanton (great pastas & seafood)
Zachary’s Pizza, San Ramon (unique pizzas, an Oakland institution now in San Ramon)
Senro Sushi, Pleasanton (probably the best fish going right now)
Casa Orozco, Dublin (consistently the best Mexican cuisine in the Tri-Valley)

There are dozens more, and it is always fun to talk about restaurants. Feel free to chime in with your favorite.

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