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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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Lower Your Property Taxes!

Post on Wednesday, May 21st, 2008 | Permalink

There is a silver lining to the slumping real estate market after all. If you purchased your home in the last 3 years or so, it is likely that your home has probably decreased in value. While that is certainly not welcome news, there is a small benefit. You are allowed by law to request a reassessment of your current assessed property value, thereby potentially lowering your property taxes temporarily.

The assessed value can be found in two ways. First of all, the county tax assessor (they are so nice to do this) send you out a NOTICE OF ASSESSED VALUE for the coming property tax year. Remember, the property tax year runs July 1st through June 30th. In the NOTICE OF ASSESSED VALUE, the assessor indicates the new assessed value of your property for the next tax year based on the property value as of January 1st.

If you have not saved this notice, you can also refer to the actual property tax bill when you receive it. Both documents will indicated your assessed value. You can also contact the county assessor’s office and get the information that way.

If you feel the market value of your home is less than the assessed value as of January 1st, then you have the right under proposition 8 to file a Decline in Value Reassessment Application. You can obtain the form from the county assessors office, or by using the link below.

On the claim form, you must provide the Assessor with any information that supports your opinion of the market value. The best information, of course, would be sales comparables. You should provide two comparable closed sales that sold as close to January 1st as possible, but no later than March 31st. Remember, the assessed value of your property is based on it’s value on January 1st of that year. Of course, the assessor is free to consider other sales information at their disposal to arrive at a decision, so it is not an automatic approval. This form should be submitted to the Assessors office before June 2nd.

If the assessor does not agree to your value, you do have the right to appeal the decision. If you decide to appeal the assessed value, you must do so between July 1st and September 15th. The appeal forms can be obtained by contacting the assessor’s office.

Once the assessor agrees to a temporary reduction of assessed value under Proposition 8, the assessors office automatically review the subsequent years assessed value. Again, if you do not agree, you can file another appeal in that tax year. If the property appreciates, the assessed value can never increase above the Prop 13 baseline assessed value (your annual assessed value based on your original market value or purchase price, plus increases). So you will never be worse off for filing an appeal. It is a temporary reduction in assessed value.

Here are links to information and the Decline in Assessed value forms:

Alameda County:

Reassessment Information (PDF)
Decline In Assessed Value Claim Form (PDF)

Contra Costa County:

Reassessment Information
Decline In Assessed Value Claim Form (PDF)

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