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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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Realtors and Capitalism

Post on Tuesday, July 15th, 2008 | Permalink

The big news this week has been the announcement the the Federal government will stand behind Fannie Mae and Freddie Mac, and essentially step in to bail them out if necessary. This is good news for the jittery housing market and certainly the battered mortgage industry. But coming after the Fed-brokered sale (don’t call it a bail out!) of Bear Stearns, it occurred to me that I am starting to get this capitalism thing. It seems now that capitalism can be boiled down to one simple thought… take risk, and make great money when you succeed, and when you fail, the government bails you out.

I want to be the first to go on record as saying we need a federal Realtor bail out plan. Oh sure, you laugh at first, but Realtors do so much more than sell houses. And with all the trouble in the housing market, Realtors are getting out of the business in record numbers, which is having a huge impact on both our economy and our society. Think of all of the things Realtors contribute:

* We send you all kinds of neat recipes in the mail. Who hasn’t been frantically searching for a desert recipe for a party, when suddenly a card arrives in the mail from a Realtor with recipes like “Peggy’s Apple Pie” or “My Favorite Mint Chip Brownies”.

* We drop off pumpkins at Halloween. Talk about a service to society. Nothing says inadequate parenting like failing to buy pumpkins at Halloween. And with gas at $5 per gallon, it seems silly to waste all that gas with a trip to the store. Problem solved, thanks to us Realtors.

* We put flags out for you on 4th of July. Thanks to us, you don’t have to hassle with putting up a flag. We put thousands of them up for you, and every house in the neighborhood gets a cool mini flag in the front yard.

* We purchase ads on those stupid little dividers at the supermarket check out line. Who else is going to do it? I doubt I’ll see a Bear Stearns ad on one anytime soon.

* We keep you in shape. Sure, you could go for a nice relaxing stroll on a Sunday afternoon, but it is far better for your agility and flexibility to have to dodge open house signs on the sidewalk. And since they are about the right size, you might even consider doing some hurdles while you are at it. It seems annoying now, but you will thank us later. Trust me.

* We keep newspapers in business. If it weren’t for real estate advertising, newspapers would be out of business. Who doesn’t appreciate that cute little ad with the overpriced house, the picture of the Realtor with their dog, and that catchy call to action “This One Won’t Last!” (of course it’s been on the market for 7 months) costs an arm and a leg. Sure, I know the public does not look for homes in the newspaper, but we are team players. 40% of a real estate company’s revenue is a small price to pay to keep these papers alive for the greater good of all.

* We provide free education about real estate to the public. How many times have you been treated to an obnoxious, in-depth conversation about real estate by some Realtor in line at Starbucks or the grocery store. At first you think they are talking to you, but then you see that earpiece with the blue light on it, and you realize they are talking on their cell phone. “Yes, I think house prices are going up. Look at the house on Maple Street. It sold in like 4 months!” or “let’s talk about how we can make this deal for you”. The public would have to pay top dollar for this kind of inside information.

* We fund a large portion of the revenue from traffic tickets. Driving while reading MLS printouts, parking on the wrong side of the street, rolling through stop signs because we are late for our open house… the list goes on. Simply put, without Realtors, your taxes would be higher.

* We give you access to your neighbor’s houses. Be honest here, how many times have you gone to an open house in your neighborhood just out of curiosity? How else are you going to snoop around your neighbor’s home without feeling like a voyeur? We provide you with the perfect excuse to be nosy… almost like a Desperate Housewives home tour service.

* We single handedly keep the Success and Coaching industries in business. I get probably 147 invitations to free seminars each week. Without Realtors, these people would starve, causing a massive ripple effect economically, and more importantly to the nations psyche since lately the only positive news is coming from gurus like Tony Robbins, the guy with the big teeth.

These are just a few of the many benefits that Realtors provide to society, and I for one think the Federal Government should immediately implement a program to prop up the Real estate brokerage industry. Since they like acronyms, we could call it the RAP, or Realtor Assistance Program. As a side benefit, I could finally tell my teenage daughter how much I love RAP.

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