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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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A Guide to “RealtorSpeak”

Post on Tuesday, January 29th, 2008 | Permalink

We’ve all seen them. And if we REALTORS are honest, we have written some of them as well. I’m talking about the real estate cliche’s that are seemingly in every ad, sign, and description of homes for sale. Lest you be confused, I have decided to take some of the mystery out of the most commonly used phrases and tell you what they really mean in plain English. Please understand that I am not in any way suggesting that Realtors are prone to exaggeration. It’s just that sometimes our definition of a word or phrase is somewhat different from what a consumer’s definition would be. Here are some examples.

“I’m Gorgeous Inside” = I know the house isn’t that great on the outside, and neither is the inside, but I have to put something on the sign for crying out loud. Seems as good a choice as any.

“Hurry, won’t last!” = There is nothing about this house that will generate any excitement or enthusiasm on the part of buyers, so maybe if I put this phrase in there, a buyer will feel some sense of urgency to see it.

“Honey Stop the Car!” = This house is really boring, and the only way to get you to notice it is to physically pull the car over and look at it.

“Bring Your Paintbrush” = House has major issues, and probably has thousands in termite and other damage

“Contractor’s Special!” = House basically needs to be rebuilt from the ground up.

“Motivated Sellers” = Sellers are really motivated to sell at that price. Their motivation, however, dissipates quickly as your offering price drops.

“Seller says make an offer” = House is overpriced, and rather than reduce the price like most smart sellers, seller wants to hedge his bet in case someone with more money than brains wants to pay him too much for the house. And this is smart, because there are so many of those buyers out there.

“Updated Kitchen” = The seller replaced the leaky faucet with a new one, or has painted the cabinets, but has otherwise not touched the kitchen in 20 years.

“Plenty of Room to Expand” = This house is really small, and the only way to make it workable is to add on to it

“Great Freeway Access!” = This house likely has major freeway noise because it is close to or backs up to the freeway. I don’t think that being able to hop your back fence and land in the slow lane is the kind of freeway access most buyers are looking for.

“Low Maintenance Yard” = There is nothing alive in the yard to maintain. Basically cement/deck and dirt.

“Gorgeous Spa “as is” = Old, leaky spa that is not worth fixing so don’t even ask

“Private, woodsy back yard” = Overgrown and probably hasn’t been trimmed in years

“cozy” = small, not spacious in any way

When it comes to written descriptions of the house, such as on Realtor.com or the MLS, you can also learn a lot about the house before you even see it. Realtors are limited to 5 or 6 lines of text, so the choice of words used by the agent tells you everything. If there are any upgrades or remodeling, they will be prominently mentioned. Let’s take 2 fictitious examples, and I will translate for you.

“Remodeled from top to bottom. New gourmet cherry & granite kitchen, professional stainless gas range & hood, hardwood floors throughout, luxurious master suite with walk-in shower, jacuzzi tub, travertine floors, and fireplace. All new hardwood interior doors, skylights, and designer carpeting. Professionally landscaped 3/4 acre lot, etc etc etc”

This is obviously a very nice house. Since space is limited, the agent is having a hard time fitting all of the upgrades to the home in the space allotted. High probability that this home is drop dead gorgeous.

Now let’s look at another example:

“Hurry! This one won’t last! Prime neighborhood. Your buyers will love this great home! Excellent floor plan, great for entertaining, nice kitchen with eating area, big family room, formal living room, roof replaced in 1985, lovely low maintenance yard, close to schools & shopping, cabinets in garage installed with over-sized screws, etc etc etc”

This house probably hasn’t been touched in 30 years. Agent is reaching for things to put into the description. You see lots of general descriptive terms, with no specific mention on upgrades because there probably are none.

I hope this helps take some of the mystery out of the real estate terms you see. Like everything in life, it is best to take these descriptions with a grain of salt (speaking of cliche’s).

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