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.
Let’s see. I am beginning to feel like Bill Murray in the movie “Groundhog Day”. Alarm goes off, I get out of bed, and the everything looks eerily similar. For the Pleasanton CA real estate market, the month of June looked a lot like the month of May. Sales were steady but not spectacular, the economic and national real estate news was troubling, and an air of uncertainty hung over the real estate market like…. well like smoke from dozens of wild fires. Wait, that was smoke from dozens of wild fires.
It’s not that all of the news is bad. There are some mixed signals in the market, or at least the real estate market. As long as you don’t have your life savings invested in GM stock, things are doing pretty well, all things considered. We continue to see signs that some of the depressed markets in outlying areas are turning the corner, with sales activity up substantially in the previously decimated markets of Brentwood, Tracy, Antioch, and Stockton for example. And the continued sluggish market is creating some excellent deals on homes that would have had multiple offers back when Howie Mandell actually had hair.
For all of Pleasanton in June, the inventory of available single family homes ended the month at 243, which is actually down slightly from 245 at the end of May. Pending sales for the month of June were 49, down slightly from 53 pending sales in May. Basically a 5 month supply of homes on the market given the sales rate in June, which is not great, but not bad. (click on graph to enlarge).
For the under $1 million price range in Pleasanton, inventory was down from May, with 120 available single family homes at the end of June (as compared with 132 at the end of May). Pending sales were up, with 32 sales in the month of June as compared with 30 in May. Some neighborhoods are moving more than others, and there is still an emphasis on value in the market, but if priced right, you can still sell your home quickly in this price range. (Click on graph to enlarge).
For the $1 million to $2 million market, inventory was up slightly, with 81 available homes at the end of June, compared with 71 at the end of May. Pending sales were down some in this bracket, with 14 sales in June as opposed to 20 in April and May. Financing has remained problematic in this price bracket, with delays and hyper-stringent underwriting making transactions difficult and fraying the nerves of all parties to the transaction. (Click on graph to enlarge).
In the luxury home segment over $2 million, things remained unchanged in June. There were 42 available homes on the market at the end of both May and June, and 3 pending sales in both months. Activity in this price segment remains sluggish, and there continues to be downward pressure on prices here. (Click on graph to enlarge)
As we enter the prime summer months, all eyes remain on the Fed, who is walking the tight rope between lowering rates and increasing liquidity to shore up the battered banking system on the one hand, and taking steps to shore up the dollar to fight runaway oil prices and inflation on the other hand. How this battle takes shape in the coming months will go a long way in determining the state of the real estate market towards year end. And just to further confuse the waters, it is an election year, so anything goes. One thing is for sure… we live in interesting times.
The Pleasanton CA real estate market slowed as expected in November. While the month of November started out reasonably well, the market stalled towards the end of the month thanks to Thanksgiving (recent studies have suggested that the tryptophan in Turkey not only makes you sleepy, but also slows a person’s desire to buy real estate). Overall, the market was slow but steady. Pending sales were down for the month, ending at 31 pending sales, down from 45 in October. Inventory is also trending down, with 176 single family homes on the market at the end of November, as compared to 199 available homes at the end of October. Again, from a seasonal perspective, this is not unusual, although last year at this time the market had a surge in sales in November, with 55 pending sales. (click on graph to enlarge)
For the low end of the Pleasanton market (under $1 million), sales declined from October, with 15 pending sales for the month of November, as compared to 26 at the end of October. This is certainly a slow sales pace for this price range. Inventory dipped slightly, with 95 homes on the market in Pleasanton under $1 million at the end of November, down from 99 at the end of October. (click on graph to enlarge)
For the mid range of the Pleasanton market (between $1 million and $2 million), sales were up, with 12 pending sales in November, up from 10 in October and 7 in September. Inventory trended down, with 51 available homes at the end of November in this price bracket, down from 64 at the end of October. (click on graph to enlarge)
The luxury segment of the Pleasanton market showed a drop in pending sales in November, with 4 pending sales for the month, down from a strong October showing of 9 pending sales. Inventory drifted down, with 30 available homes at the end of November, down from 36 at the end of October, and 42 at the end of September. Buyers looking for value are a strong driver for the recent activity in this price range. (Click on graph to enlarge)
Overall, the market is obviously slow, but not dead. While sales activity is down from the summer, inventory is also trending down, and that trend is likely to continue in December. The real question is what will next year bring, which is certainly a source of speculation in real estate circles. I expect the national and state wide gloom and doom regarding real estate to continue through the year, with increases in foreclosures and downward pressure on prices on a national level. A lot will depend on the strength of the economy. If the real estate slump tips our economy into recession, then things could deteriorate strongly. If the rest of the economy remains relatively healthy, then I expect the Pleasanton market to see a market very similar to this year, with erratic sales activity, longer market times, and a flat to slowly declining prices, with some neighborhoods and price ranges faring better than others. Again, the long term outlook for Pleasanton is certainly positive, with continued job growth and the migration of families from other areas looking for a highly desirable city with top rated schools.
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