680 Homes

Click to access each drop down menu.

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

Reader Poll

When Are We Going to Hit "the Bottom" of the Real Estate Slump?

View Results

Loading ... Loading ...

Mortgage Market - Jumbo Loans Still Playing Hard to Get

Post on Wednesday, September 24th, 2008 | Permalink

At the risk of stating the obvious, the current financial situation for banks and mortgage lenders is dicey is at best. Credit markets are tightening. Banks are so reluctant to lend money that many of them are not even lending money to other banks. The mortgage market is kind of like climbing Mt. Everest… the higher you go, the tougher it is. We’re all hoping the Federal government can figure this mess out and soon so we can get to the stabilization point. One thing is for sure, we live in interesting times.

In terms of mortgage rates, the good news is that the conforming loan market is doing pretty well. Conforming loans are loans up to $729,750 (recently raised this year from $417,000) that conform to Fannie Mae & Freddie Mac guidelines. We all know how well those guidelines worked out, but I digress. For loans in this category, rates are still very attractive, mostly in the 6% to 6.25% range with 0 pts. There are slight adjustments for your FICO score. Borrowers with gold credit (i.e. high FICO scores) get a better rate. And you can still get 90% loans in this category, so as long as your credit is good and the loan amount is under $729,750, it is still relatively easy to get financing if your credit and income is good.

There are low down payment loans available as well. FHA loans up to $729,750 are at slightly higher fixed rates (6.625% range today) with 0 pts, although there is a Mortgage Insurance premium of 1.25 to 1.5 pts. The benefit here is that you can put as little as 3% down, so for buyers without large down payments the FHA program is the way to go. The other benefit is that there is no minimum credit score, so borrowers with lower credit scores can still get a loan with a low down payment.

It’s the market for loans over $729,750 where the market is struggling. The reason is simple - there are not many buyers for jumbo loans, and so the buyers demand more return (a higher rate) to entice them to take the risk. Right now on loan amounts over the conforming $729,750 loan amount the fixed rates are in the 8% range. And the buyer has to put more money down, with lenders typically demanding at least 20% down on loans up to $1 million, and 25% or more down on loans over $1 million. And underwriting guidelines and required credit scores have tightened as well. Gee, it’s as if the lenders don’t event want to lend the money. Most borrowers today in the jumbo loan category are moving towards interest only product, which is much more attractive. Right now on jumbo loans you can get a 5/1 interest only ARM (Fixed for 5 years, then turns into an adjustable rate loan) or a 7/1 interest only ARM in the 6.5% range. This is obviously a much more attractive alternative to the fixed rates available for jumbo loans.

Another common strategy in the jumbo loan market is to package a fixed and an equity line loan to finance the property. Let’s say the borrower wants to borrow $1.2 million and put at least 30% down. The borrower can get a conforming $729,750 first loan at say 6%, and also get an equity line of credit at 4.5% (prime rate minus 1/2%) today for the additional amount to bring the total loan amount to $1.2 million. The blended rate in this case would be 5.41%. Of course the equity line is a variable rate loan, and will adjust with the prime rate. But if short term rates are likely to remain low, this is not a bad option.

Other changes in the mortgage industry include:

* The jumbo conforming max loan amount is currently $729,750. However, this is set to expire at the end of this year. The current betting is that it will drop down to $615,000, although nothing is finalized yet.

* Credit underwriting has tightened up significantly. Income ratios have dropped, meaning lenders will allow less debt for every dollar of income. And credit scores have become very important in your ability to get a loan, and what rate you will pay

* Lenders have been requiring higher down payments, especially for investor loans and jumbo loans. Higher down payments can mean lower interest rates.

* FHA minimum down payments are expected to rise from 3% to 3.5% at the end of the year.

Overall, with the Fed pumping millions of dollars into the banking system to stimulate lending, there should not be significant upward pressure on rates. But the key question, especially in the jumbo loan market, is when are investors going to start buying jumbo loans again? Until there are more buyers for jumbo loans in the secondary market, the rates will remain high and the market will be volatile.

Popularity: 60% [?]

No Comments » | Tags: ,
Share This | Print This Post Print This Post

No Comments for the post:
Mortgage Market - Jumbo Loans Still Playing Hard to Get

No comments yet. Why not post one?

Leave Your Comment::
Your e-mail address will never be displayed, however both your name and email are required. Please be mindful of what you're posting.
Press "Submit Comment" when you are finished and wish to publish your comment.

Search

Subscribe




My Zimbio
Top Stories

Sign up to receive new posts via e-mail:

Most Popular Posts

Resources

Home Search & Real Estate Web Sites

Latest Posts

Archives

» Full Archives

Cool Links

Cool Blogs