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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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Appraisal Issues Complicate Real Estate Transactions

Post on Tuesday, June 17th, 2008 | Permalink

There has been tremendous fallout from the sub prime & mortgage market meltdown. Lenders have tightened up underwriting criteria, and are demanding higher credit scores. Downpayment requirements have increased, and most of the high risk “stated income” loans have gone by the wayside. There is, however, no truth to the rumor that the major lenders now demand your first born child as collateral as well. Needless to say, the stricter lending environment has had a direct impact on the local real estate market. And once a buyer and a seller agree on price and enter into a contract, the challenges are not over.

Appraisals have become an issue for many transactions now as well. Lenders have been stung by overly optimistic appraisals, and even out right appraisal fraud. During the wild and frenzied market of the early 2000’s, when money was cheap and plentiful, appraisals struggled to keep up with the surging prices. Appraisers have to use data on closed sales, which means in a rapidly increasing market, by the time the comparable sales close escrow and become viable for an appraiser, often they were behind the market. Appraisers were forced to compensate for the rapid price moves by using adjustments for market conditions. They were forced to use adjustments to compensate for differences between the subject property and the comparable sales, and many times these adjustments added 10% or more to the property value in order to bring the appraisal in at the sales price, which was often bid up over asking price. And in cases where there was outright loan fraud on the part of the borrower, the appraisal had to be inflated well above market value (again using shaky comparable sales and excessive adjustments) in order to give the fraudulent buyer money back at the close of escrow. While it certainly was not always the case, many times lenders on non-performing loans or loans in default found that the appraisals contained excessive adjustments and inaccurate data.

As is often the case, the pendulum has now swung back the other way. Lenders are very diligent in analyzing appraisals, and now have tightened up the requirements for appraisals to be valid. They are requiring that the appraisals have comparable sales within the last 90 days that are within the immediate neighborhood of the subject property. And in cases where the appraiser is using excessive adjustments to the subject property because of poor comparable sales, the lender is often adjusting the appraised value downward during the review and underwriting process. This is causing some deals to fall apart during escrow, or forcing sellers to renegotiate the price to reflect the lower appraisal. Most troubling is that the appraisal review process can often occur at the 11th hour, catching both the buyer and seller by surprise.

So how do you protect yourself? As a seller, it is imperative that your agent inquire with the lender about the status of the appraisal, and whether there is an appraisal review that is part of the underwriting. On all loans appraisal reviews are commonplace, and sometimes lenders even require two separate appraisals on large loan amounts. Until the loan has made it through the lenders underwriting and appraisal review process you might not have an escrow that will close.

As a buyer, your agent needs to be extra diligent in how and when they remove the appraisal and loan contingency. You might get a loan approval from the lender, but again you need to make sure that it is not subject to an appraisal review. You should not remove the loan and/or appraisal contingency until you know that the appraised value is approved by the lender. Otherwise, you might find yourself in the position of removing your loan and appraisal contingency, and then finding out that the appraised value has been reduced by the lender.

The properties that have the most difficulty are homes that sell above recent sales in a neighborhood. Homes that are larger, or more upgraded, or have spectacular views and amenities should be expected to sell for more than other homes in the same neighborhood. But when it comes time to have the lender approve the appraisal you might have issues, since the appraiser will have to use large adjustments in the value to justify the higher sales price. And the lender very well may knock down the appraised value of the home during the review process, even though the home is clearly worth more in the “real world”. As a rule, you should have your home “bracketed”… in other words, there should be some homes in the immediate neighborhood that have sold for more than your home, and other similar sales of homes at the same price or less so that the lender has a good range of value behind the appraisal.

So if you have an over-improved home, or a home that was added on to that is now larger than the other homes in the neighborhood, you might have some problems with the appraisal when it comes time to sell, since it will be difficult to find comparable sales in the immediate neighborhood. So you might want to think twice before you put in that Resort sized pool with a water slide and swim up bar, or that $60,000 outdoor kitchen, or the tennis court, etc. While it is always cool to own the nicest home in the neighborhood, you might not be smiling when it comes time to sell, and you have to justify the appraised value to the lender.

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Pleasanton Market Update - Steady As She Goes

Post on Tuesday, June 3rd, 2008 | Permalink

The Pleasanton CA real estate market remained steady in May, with activity down slightly from the banner month of April, and inventory climbing slightly. Of course, with the Memorial Day holiday, many people were no doubt exhausted from spending hours trying to find gasoline for under $5 per gallon for their 3 day weekend, so I’m sure that few had the time or energy to look for homes. That being said, the market activity seems to be decent, although there is still downward pressure in most price categories and neighborhoods.

For the month, we had 53 pending single family homes, which is down slightly from the 67 we had in April, but still respectable. Inventory is up some, which is normal from a seasonal standpoint. We ended the month of May with 245 single family homes on the market, as compared with 221 at the end of April. For the market overall, we currently have a 4.6 month supply of homes. Or put another way, if no new homes come on the market, at the current sales rate, it would take 4.6 months for all the current listings to sell. (click on graph to enlarge)

may-all-pleas.jpg

In the under $1 million segment, pending sales were down for May, with 30 pending sales for the month, as compared to 42 in April. Inventory at the end of May was 132, up from 118 at the end of April. (click on graph to enlarge)

may-pleas-under-1-mil.jpg

In the $1 million to $2 million bracket, the market was stable. Pending sales were 20 for the month of May, which is the same as April. Inventory rose slightly at the end of May, with 71 homes on the market, as compared to 70 at the end of April. This is arguably the strongest market segment right now, with a 3.5 month supply of homes. (click on graph to enlarge)

may-1-to-2-mil.jpg

In the luxury home segment over $2 million, sales were down slightly, with 3 pending sales for the month, as compared to 5 for the month of May. Inventory jumped from 33 available homes at the end of April, to 42 homes at the end of May. Overall in this price segment, it is still sluggish, with a 14 month supply of listings. (click on graph to enlarge)

may-pleas-over-2-mil.jpg

At the end of the day, it is still a value market. Homes that are priced well and in pristine condition will continue to attract a lot of interest from buyers (even multiple offers on occasion). Other homes that have unrealistic prices or major flaws in condition or location will continue to struggle. There continues to be positive signs from the weak secondary markets like Stocton, Tracy, Antioch, etc. We are seeing much stronger activity in these markets, which might be an indication that these markets are starting to stabilize, which is good news. Is the bottom of the market closer than we think? Stay tuned…

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