5 Criteria For Pricing A Home (Plus More)

When you put your home up for sale, one of the best ways to determine the asking price is to look at comparable sales. Unless your home is in a tract where few house modifications have been made, there’s rarely a perfect apples-to-apples comparison, so a pricing decision often relies on comparisons to several recent sales in the area. Here are five criteria to look for in a sales comparison.

1. Location: Homes in the same neighborhood typically follow the same market trends. Comparing your home to another in the same neighborhood is a good start, but comparing it to homes on the same street or block is even better. Appraisers usually use distance, i.e., up to one mile, as one of the selection bases for comparable homes, however a very similar home on your block will be included for value consideration over a very similar home a half-mile away.
   

2. Date of sale: It varies by location, but housing markets can see a ton of fluctuation in a short time period. It‘s best to use the most recent sales data available. Depending on other factors, home sales from the previous 6 months, and if there are many, the previous 30-90 days, will be selected for comparison.
   

3. Home build: Look for homes with similar architectural styles, numbers of bathrooms and bedrooms, square footage, and other basics. If your home is in a 1920s Spanish bungalow historic district, it's not likely that a 1962 contemporary style home will be selected even if it is not far away.  And, a condo is rarely ever considered a comparable for a single family home.
   

4. Features and upgrades: Remodeled bathrooms and kitchens can raise a home’s price, and so can less flashy upgrades like a new roof or HVAC system. Be sure to look for similar bells and whistles. However, a remodeled kitchen does not automatically raise the price of a house using the cost of the remodel.  Since remodeled kitchens and bathrooms are more common in the market, they will be a more standard basis for comparison. 
   

5. Sale types: Homes that are sold as short sales or foreclosures are often in distress or sold at a lower price than they’d receive from a more typical sale. These homes are not as useful for comparisons.  Some lenders when requesting an appraisal will not want to use a distressed property as a comparison for a standard sale, however, if a distressed sale property otherwise compares to your home, and it sold for market value, it may be accepted in the appraisal.

Other factors such as square footage:  Unless it is a very down market with very few sales and the appraiser must make adjustment calculations, a 2000 square foot house that is 4 bedrooms will not ordinarily be used as a comparison for a 900 square foot home with 2 bedrooms--it would simply fall outside the usual comparison parameters.  In that case, an appraiser is more likely to widen the search area to find a more similar property in a similar area.

An appraisal is an opinion of value by the appraiser, and sometimes one of the parties disagrees with it, in which case a buyer may request another one by a different appraiser (and probably have to pay the price for it as well).  Listing agents will usually meet the appraiser at the property and hand them comparables they believe justify the contract price.  When I've done this, most appraisers will review those properties especially when the agent is extremely familiar with the nearby sales.

Getting the right list and sell price is important for a smooth transaction, and these are the more common issues agents need to take into consideration when presenting market information so that a seller gets the proper perspective on pricing their home.

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

A Sign of the Times--California Property Pictogram and Showing Rules

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How to Visit the Property

Are you wondering about what it takes to see property now, if you're a buyer, or marketing your property if you're a seller?

On May 8, the California Department of the Public Health issued its “Industry Guidance: Real Estate Transactions,” which requires agents to post rules on the property – with pictograms -- that must be agreed to as a condition of entry by all people viewing the property. 

• Wear a protective mask
• Wash your hands with soap and water, or hand sanitizer
• Wear gloves
• Practice social distance, 6 feet apart
• Do not touch surfaces, including knobs, faucets, countertops, light switches, etc.
• Discard disposable gloves, asks, or shoe coverings
  

This or a similar rules form must be posted at the entrance to the property being shown, as well as a form signed by showing agent and the buyer, will keep property showings in compliance with the current health standards. 

It's part of the "new normal" in the industry.  Visitors to the property are required to bring mask, gloves, and engage in social distancing per these rules.  Sellers will need to keep some hand sanitizer handy.  It's really not too much work, and actually keeps things clean!

If you'd like to know more about preparing your property for the current market, or know your home's value, I'm very easy to reach!

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Is The Convenience Worth the Cost? IBuyers Have Contracts, Too

iBuyers v. traditional buyer offer

The iBuyers have been a  certain presence on the market for a while.  Often they are bulk buyers or investors looking for profit and will offer to pay cash for your home, sight unseen.  They may be able to close in days, and maybe for some reason a seller would wish to consider such an offer under certain circumstances.  These buyers claim to speed up and simplify the transaction while removing hassle and inconvenience for sellers and buyers.  But despite iBuyers' claims to revolutionize the real estate transaction, some agents are not finding their transactions with iBuyers to be quick or seamless  ("Selling to an Algorithm", REALTOR Magazine, Sept.Oct 2018).  Typically, the inspection is held after the acceptance of the offer.  In one instance, a team of five Opendoor contractors "went through the house with a magnifying glass".  When all was said and done the requested repairs came to about $16,000 on a $300,000 home, this was for replacement of tubs and toilets, retiling of showers, all at the seller's expense.  The sellers relied upon their agent for help, but still made less than if working with a traditional buyer.

The story above is one example, but both the story and the graphic illustrate that their is a price for "convenience".  And would it work if, for example, you have a lien on your property to pay back at close, or heirs to consider for whom you would want to get your highest and best price? 

Realtors are bound by the Code of Ethics set forth by the largest trade organization in the country: the National Association of Realtors, which means they are governed in such matters by their local Board. Realtor contracts and transactional forms are carefully set up and reviewed to comply with all professional standard and state and federal laws.  The investment company or investor buyer may not have any such professional trade affiliation, use their own contracts, and any potential legal recourse must be taken directly to the courts.  It pays to know the features and clauses of the investor company's contract, and a seller would be wise to take the contract to an attorney for review before signing.  If a seller is truly interested in seeing what such companies offer, obtaining multiple offers before signing anything is possible, if only to use for comparison purposes.  Be aware that their motto is true to the concept of buy low, sell high--their goal is to slip the property and make money from it.

There's no harm in checking out an iBuyer offer, but there are also concessions and fees for such a buyer, and perhaps a much lower net at close. The iBuyer company may claim to not charge a commission, but the seller should ask about all other fees and costs, including their terms about any repairs requested before the close of escrow--don't be surprised if the seller is asked to pay, so check the contract before signing.

If you are thinking of selling and you would like to see a further explanation and comparison scenario for your property, please let me know for a no obligation valuation and comparison of estimates.

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

What Is Happening With Buying, Selling and Closing in California??

UPDATE: real estate is now classified as an essential business. Stay tuned for further information about what this means for you.

If the pandemic was happening before the widespread use of the internet, a lot  of our current options would not be available.  So much of our business can be handled without being physically present, that we can get all transaction documents signed, all escrow documents signed, without having to leave our computers.  Listings may be uploaded, viewed and closed virtually.

One could theoretically forego all physical contact and buy the property, and in fact, some buyers have bought this way.  What is changed, however, is, if strictly following California Association of Realtor guidance, is currently there is no in-person showing of properties, no in-person listing appointments, no property inspections, no in-person open houses--but there are virtual open houses.  Well, what if it's a vacant property, and there's no one to be in immediate contact with?  Maybe then?  Best get legal consultation, but be assured, if your property has to go on "hold" status for a while in the MLS because buyers don't want to come over and see it, and right now many do not, and you're not getting any offers (digitally of course), the MLS will not count those days on "hold" status, so when it does go back to "active", that time on hold will not be included.

So, right now, Realtors in California do have to comply with the "Safer at Home" California prohibitions.  California Association of Realtors is currently, however, attempting to get the Governor to make real estate one of the essential businesses.  Because after all, some people are already in escrow, and have to move out and away for the new owners.

But if you are thinking of selling, and have more questions about how to handle a "virtual" situation, I can definitely help.  Yes, the County Recorder Office is closed, however, the title company I most prefer to work with is issuing gap title coverage so that a property can still close, and be covered.  Escrow companies are not receiving in-person visits, but their officers are still in the office working, handling phone calls, and issuing documents.  Are you not computer savvy?  You can still get your docs sent to you for execution and physically sending back, but if you can handle digital signatures (not difficult at all) then all real estate transaction documents on the Realtor's end, and all escrow documents can be handled via computer.  This has been the trend for several years now, in fact.

It's a good time to buy, in Long Beach there's 1.6 months of inventory, that means the available properties to buy are low and you could have competition, but on the other hand interest rates are extremely low!!!! so you save money on the monthly payment. And, it's a good time to sell, because there only 1.6 months of inventory in Long Beach.

So contact me to find out your options right now--the crunch won't last forever.



Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

What Are the Upcoming Market Impacts for Real Estate?; and Long Beach Sales Stats

The California housing forecast for 2020 from the California Association of Realtors may be revised downward, but this greatly depends on the length and quality of the viral outbreak.  On the one hand we have GDP growth impact, but then we have very low mortgage interest rates which can offset a slower economy.  California could still achieve a healthy housing market for 2020.

The number of reported new corona virus cases in China has begun to fall.  This stabilization there will take time to trickle across the globe.  A March 6-9 email survey of  California Realtors shows varying attitudes:  36% believed there would be no impact on home sales or time on market; 25% of Realtors said clients put home purchase or sale on hold; 33% of Realtors had clients asking market questions related to corona virus. Other areas some Realtors felt would be impacted  were prices, closing, and supply.

Turbulent financial markets actually make real estate relatively more attractive.

If consumers maintain their confidence, economic growth will continue.  There have been so many re-finances from consumers taking advantage of low rates, that the mortgage industry is swamped!  Some have even started to raise their rates online in reaction to all the re-fi's.  However, don't think it's not a great time to make a home puchase and profit by the low rates, because it is!

The other fact is that since 2012, the housing inventory has not risen to the level prior to 2012, this is one of the things that has kept housing prices higher in California.  So low interest rates at this time actually offset that fact, and make monthly mortgages more attractive due to rates.

Long Beach February Market for Single Family Homes:  Inventory at 1.6 months supply (extremely low number of homes on the market); average sales price $759,000; number of houses on the market is 276; average days on market is 32. 

Sellers, this is your time to sell!!!

If you have more specific question in regard to viewing property, or listing yours, please contact me via phone or email at any time!



Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Some New 2020 Laws in California That May Affect You

2020 New Laws in California

Over 800 new laws were passed into law effective January 1, 2020!

AB5 - Affects independent contractor status of many occupations.  Certain workers were exempted, or "carved out."  Realtors were one such group exempted and still maintain their independant contractor status.  Truckers, as you may know, were not, but are fighting that status in the courts. Realtors are one of the exempt classifications.

AB 1482 - Certain notices to ALL tenants should be sent out already, and new CAR forms contain the appropriate notices.  There are ambiguities in this statute, ie., "region" vs "area" for calculating CPI, which will require time to work out. However, all landlords should be providing, as of January 1, 2020,  an advisory about the tenant rent cap and just cause provisions.  If the landlord is exempt, for example, because the rental property is a single family home or a condo, the exemption does not apply if the tenant has not received the advisory.  As a Realtor, I may give an advisory form to my client for their tenant, but otherwise landlords should contact their property manager or find the appropriate advisory on the internet. This information should be given immediately to tenants. Some cities have additional rent cap laws which may be more restrictive, however, Long Beach recently completely rescinded its law and is now following state law. Property managers, owners and interested parties are advised to independently research this law, one of the most restrictive in the nation, through their own counsel.


AB 1110 - Rent noticing where AB 1482 does not apply to a property and there is a month-to-month tenancy.   A 90-day notice is required if landlord increases rent by more than 10% of current annual rent.

AB 68,670, 881 - Accessory dwelling units.  Limits on what cities can impose.  HOAs must allow construction of ADUs, cities cannot prohibit laws against ADUs (but there are requirements to follow for construction). ADUs in HOAs would not reasonably be considered for apartment style multi-family structures, which typically have a common parking garage and balconies. It would have to be an HOA with single family lot with a garage, for example; the owner is also advised to check governing documents in their HOA.  If you have a question about ADU requirements in the area you live in, I advise checking your local city's website for all their posted information.  If you still have questions, or believe you are being given wrong information in regards to the state law, contact me for further help.

SB 329 - No discrimination allowed based on source of income, i.e., child support, Section 8 housing income, or other public assistance, for example.So if between two applicants the Section 8 applicant has, for example, a better credit score, than another, a landlord may not discriminate against the Section 8 applicant simply because of Section 8.

SB 969 - Garage Door battery backups - effective 7/1/2019 - If a new automatic door is installed, or an existing opener is replaced, a battery backup installation is required in event of power outage.

California Consumer Privacy Act - Privacy Act Advisory provided through CAR forms.  Relative to real estate transactions, a party may come into contact with a "big company" as defined in the Civil Code may be collecting information about which the consumer may have the right to opt out, but with certain results. Such companies may include the MLS, which uses photographs and sales information about your property. An advisory form is now in effect describing to the consumer their right to be notified which is given to clients of Realtors.  Others wishing to obtain similar consumer information may contact me for the Legal Q&A on this topic.

Employment laws:
SB 530 - Workplace sexual harrassment training required. New harrassment laws also include abusive conduct, not just sexual harrassment.  This is, in fact, because agents work broadly in the field which is their entire workplace, so would also include client behavior towards an agent or broker.  This is meant to address repeated insults, or hostile and offensive behavior.

AB2770 - Protection for reporting victims of sexual harrassment.

AB 51 - Employer no longer can require waiver of rights to arbitration by employees.

SB 1412 - Criminal background checks limit sealed or expunged material.






Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

"Pocket Listings" Just Can't be Pocketed Anymore

The National Association of Realtors has just voted to ban this practice, a rule that is long in coming.

Called the "MLS Clear Cooperation" policy, it calls for all listings taken by Realtors for their sellers to be entered into their member MLS within one business day of marketing the property to the public.
The current rule, to be effective January 1, 2020 and implemented May 1, 2020, is as follows:

 Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants. Public marketing includes, but is not limited to, flyers displayed in windows, yard signs, digital marketing on public facing websites, brokerage website displays (including IDX and VOW), digital communications marketing (email blasts), multi-brokerage listing sharing networks, and applications available to the general public.  (MLS Statement 8.0, NAR Handbook on Multiple Listing Policy)

The implementation of this rule is considered to be in the consumer's best interest, which means his/her property is exposed on the multiple listing service to a broad audience of prospective buyers and their agents, rather than the creeping practice in many highly competitive markets of keeping listings restricted to certain groups, and not known to the general public. This practice is completely contrary to the entire purpose of the multiple listing services across the country which exists for broadcasting of available properties and brokers cooperating with each other on the buying and selling of bona fide listings.  This new rule does not mean at this point that a seller cannot take a listing and then get a little more time to prepare before allowing buyers to view their home, it does mean that the property may not be marketed as described above until it is placed into the MLS (multiple listing service) to which the Realtor belongs. Doing so actually gives the consumer the most exposure on the market. To illustrate, in San Francisco, the share of homes selling as pocket listings increased 68% between 2010 and 2018. By keeping properties off the open market, and thus fewer prospective buyers, sellers ran the risk of losing offers. 

The work and final submission of this new rule did not happen in a vacuum, there is a 130-person Multiple Listing Issues and Policies committee for consideration, and if approved, the proposal moves on to NAR’s 900 member board of directors for final ratification.



Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

How a Listing Went From $1 Billion to A Low, Low, Selling Price

This story could be the story of many sellers, albeit on an exaggerated scale.  How did a property on the market for $1 billion dollars ultimately sell for .1% of that, or a 99.99% loss?

It's the story of an investor buyer who wanted the 157 acre parcel in Beverly Hills, and to get it he borrowed $45 million from the seller (Mistake No. 1), the Mark Hughes Estate, and bought it in 2004.  In time, the debt surged to $200 million with interest and fees added. The investor transferred ownership to an LLC controlled by the investor's partner, which was unsuccessful last month in declaring bankruptcy.  The Hughes estate could either buy the property back, but lose the $200 million it was now owed, or let it go to foreclosure auction. But any other buyer purchasing prior to the foreclosure auction would have to pay the $200 million in debt, and there were no takers. So the property went back to the Hughes estate, after 15 years, leaving it to absorb the $200 million debt.  However, the LLC, known as Secured Capital, made a last minute offer of $150 million for the property, but the estate ignored the offer, according to the company's attorney (Mistake No. 2).  So last week, the property sold for $100,000 at auction. 

So 1) don't overprice your property; 2) or do a carryback loan to a buyer who can't perform, 3) and, finally, know when to cut your losses so you don't lose out completely (the estate could have at least recouped $150 million) and then, end up selling at a below market price that you can't even buy a condo for.  And last but not least, check your days on market, and keep checking your market value.


Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

When Owner Occupant Dies and The Home Has a Reverse Mortgage

This is a situation many heirs are beginning to deal with, and it's important to know what can happen after the death of a loved one who had such a mortgage.

Simply put, an heir has options: 1) He or she can pay back the loan; 2) sell the home to pay back the current loan amount, and keep the remaining proceeds; 3) deed the home back to the lender; 4) let the lender foreclose.

But really, the last two options should only be options when there is no equity left in the home, because why would an heir want to walk away from a potential sale and receive the remaining equity?  The first option may work for some people, if they have the ability to refinance with their own mortgage, thereby paying off the reverse mortgage.  But if an heir doesn't have the desire or financial ability to keep the home with a new loan, the remaining option is to sell the home.

Most original loan documents give a year to dispose of the property, but in practice, HUD will find out when the borrower passes away, and a due-and-payable notice will go out to the heirs giving them an opportunity to decide what to do. An appraisal may be required within 30 days, and a longer time period may be allowed for the heir to decide whether they're selling or staying.
It's a huge mistake to ignore this letter, because if 6 months passes by after the issuance of that letter, the home may be foreclosed on.  In California, from the initial filing of the foreclosure, there is another 121 days after which time the foreclosure is complete, and the heirs have now lost the home.

So the desirable situation is for the heir to keep in touch with the lender, answer their questions and get the home prepared for sale.  The lender really doesn't want to file foreclosure, they will only take the home back when they have no other choice, it's a cost to the lender, and they are not in the business of acquiring homes. So the lender will probably be very willing to work with an heir who plans on listing the home and getting it sold. That also sounds simple, but preparing the home for sale in order to get the best price may require pre-marketing work because an aged occupant may not have kept up maintainence, repairs, or upgrades for many years.  Be prepared for this, but it will be worth it for the heir if they stand to recoup a sizeable amount from the sale, i.e., what if the last statement balance on the mortgage was around $450,000, but the house is worth $750,000! A Realtor's job in this instance is to guide you through the preparation and actual sale of the home. See more information here.

If you need a Realtor to help you determine the value of a home with a reverse mortgage, please contact me right away, because time is of the essence! I have been helping clients with residential real estate since 1994.

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Average Selling Prices in Long Beach, Cerritos, Lakewood, and Local Counties, August 2018

Currently on Long Beach market for $474,999

All these prices are for the month of August, 2018, based on data from CRMLS Infosparks:

Average prices for single family homes in Orange County are $1,098,542, while Los Angeles County as a whole is now at $997,845, and San Bernardino County's average is at $371,677.

Average single family home prices vary according to area, and here's what they look like locally:

August, 2018

Long Beach
$759,955 | +10.7%

Lakewood
$609,570 | +5.2%

Cerritos
$825,082 | +6.6%

Los Angeles County
$977,845 | +7.7%

San Bernardino County
$381,677 | +6.7%

Orange County
$1,098,542 | +7.6%

These statistics show a mix of pricing, with Long Beach at an average days on market at 18 days, Lakewood at 18 days on market, and Cerritos at 22 days on the market on average.  Inventory time on market has increased in the three cities compared to April, up to 3 months (standard is 6 months), and closing prices still continue within 1.5% over or under the original price.  In other words, since the last analysis in April 2018, houses are still selling within 2% of original list price, with a lower time on the market, and a slightly higher  housing inventory from which to choose.   

Condos

Briefly, Long Beach condo average price is $437,911, about the same as in March, 2018. The condo average for Los Angeles County is $602,193, a slight decrease from last month. Other local city condo prices: Cerritos: $414,000 (increase from April);  Monterey Park, $559,875; Pasadena, $632,182 (decrease from April); Whittier, $352,089 (small decrease from April).

 It’s a somewhat looser market right now!

For an online and automated home valuation, try my site at http://www.juliahuntsman.com/home-evaluation.  It probably works more accurately for single family homes than condos in some areas, depending on what properties lie within about a one-mile radius.  Try it!  And I am always happy to do a more customized report to send out via e-mail.  If you're thinking about making a move, do it! It pays to keep an eye on things.

Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Long Beach Housing Inventory

 We're hearing more talk about market slowing, a little early for this time of year.

There's still far less than the traditional months of inventory on the market, i.e., 6 months meaning how long it would take to sell what's currently for sale.  In Long Beach, it's almost the same for both single family homes and for condos:  2.4-2.7 months of inventory. 

And yet, the number of sales compared to June of last year is down about 28%, while the average sales price for houses and condos are UP!  This is also true on the state level, according to California Association of Realtors: "June marked the fifth consecutive month that prices increased by more than 8 percent annually, indicating that price appreciation remains robust and is not showing any signs of leveling off."  But Orange County experienced one of the biggest declines in number of sales, all counties experienced a decline however, possibly due to buyer fatigue at rising prices.

Many younger buyers are able to get some financial help from families who may aid with down payments, which is a great help for them. One surprising fact is that single women over 55 are a growing segment of buyers, citing rising rent costs as a reason, not for the purpose of purchasing multigenerational housing.

Interest rates are remaining the same for right now, but a possible increase is hinted at in September. The mortgage lenders and banks, however, usually anticipate an increase in advance and build it into their scenarios in advance, but other global market effects come into play also, and there can even be a decrease in rates!

Currently, the average days on market for all 228 Long Beach single family homes currently in escrow is 45 days. It's a very good time to sell and find a new home.

For more information about selling, please contact me!


Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996, representing buyers and sellers since 1994.

A Time to Sell in Long Beach Real Estate

 

Whether you have a condo, house or residential units (1-4) that you use for income property, I can help you with market value, seller disclosures, and capitalization rates and market rental rates on income property.

"It takes all kinds of sellers for all kinds of buyers", and in a city with such diverse housing opportunities, there are buyers for every part of town.  Contact me or look at my website www.juliahuntsman.com.  See more at NewsReal 2017 and Realty Times.

How Much Property Information Does An Agent Have?

It's not unusual for members of the public, including a Realtor's client, to think that the listing agent probably knows all there is to know about a property. There are indeed certain obligations an agent has, especially with the sale or lease of residential property such as houses, condominiums, or any property that legally is considered to fall within a 1-4 unit configuration. 

Realtors are required to do a visual inspection of the property, which means walking around and noting conditions that are visually accessible, and this requirement also includes disclosure of defects known to the broker but unobservable to the buyer.  The California Civil Code also says  that the required inspection "does not include or involve an inspection of areas that are reasonably and normally inaccessible . . .".  An agent therefore is not required to go under the house, or into the attic space, or know the condition of walls within a locked closet if there seller has not given access. This also includes personally researching the property, although the agent should be able to point the client to outside resources for a buyer's due diligence during escrow, for example. An agent's duty of inspection also does not include the common area or other units of a homeowner association when the buyer is being provided all relevant HOA information required by the contract with the seller. So the Realtor may have no knowledge about the pool or spa and is not required to go inspect it, but if the agent has done previous transactions in the HOA, then perhaps that agent has some knowledge learned from prior transactions, and should disclose that information.

Both the buyer agent and listing agent are required to do a visual inspection and give a copy of their report, referred to as an AVID (Agent Visual Inspection Disclosure) to both the buyer and seller.  Neither agent is required to interpret the reason or source of a dark stain on the wall, for instance, but only to make a note of its existence in order to advise all parties.  It is up to the buyer to inquire further of the seller or hire a professional to get further opinion on such an issue.  Nothing in the law "relieves a buyer of . . . the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or are within the diligent attention and observation of the buyer...".  So the buyer has the obligation to inspect the property, and all the conditions as spelled out in the contract, to his/her own satisfaction.

If an agent does learn "material facts" about a property, whether or not by visual inspection, ie., or if listing agent makes a disclosure to the buyer's agent, or other information was disclosed in the multiple listing service about lack of permits, then the agent is certainly required to disclose that information to the client.   So sellers, when the listing agent starts walking around your property to take a look, this is because they need to do this to help you get your property sold.

Back to the beginning paragraph -- I have heard some members of the public say that they chose to use the listing agent to represent them as a buyer because the listing agent must know more about the property.  But nothing could be further from the truth, because the listing agent probably hasn't crawled under the house either, and whatever significant information the listing agent does have, is required to be shared with the buyer.  

Cost vs. Value - What Improvement Projects Pay Off?

Sometimes the lower cost improvement may pay off best, especially if the seller is considering fixing up to sell.  See this article for more information on how less is more.

What Do Homesellers Really Want? Four Important Things

 Judge Judy, that icon of courtroom wisdom, says "Beauty fades, dumb is forever."

"The top four tasks that sellers want from their agent has remained consistent regardless of the housing market— sellers place the highest priority on: helping the seller market the home to potential buyers, help selling the home within a specific timeframe, help pricing the home competitively, and help finding a buyer for the home.  As many sellers use an agent that was recommended to them personally, it is not surprising that the reputation of the agent is the most important factor in choosing an agent to work with (36 percent). This is followed by the importance of the agent’s honesty and trustworthiness at 19 percent and the knowledge of the neighborhood at 15 percent."  Just a few more facts out of this 128 page report:  The typical age of the homeseller was 54, vs. 46 years in the 2009 report.  Married couples were 74% of the sellers, while single females accounted for 14% of sellers.

This report stems from an annual survey, the most recent being the  July 2014 127-question survey which was sent out by the National Association of REALTORS® with a response from 6,572 home buyers who had purchased a home during the prior year within one of the four U.S. regions.  There are many elements to this report - including agent efforts, problems buyers can have with financing, characteristics of homes sold and homes purchased, all of which is valuable profile information.


Ironically, buyers in this survey rated the top two valuable features of a real estate website as being 1) the photos of a property, and 2) detailed information about properties for sale.  Maps, tours and neighborhood information came next in importance, with videos of the property second to least most important.  I say ironically, because--and here is the unspoken elephant in the room not usually overtly addressed in these nice surveys--one of the most difficult aspects of selling for many sellers to grasp is the appearance and cosmetic condition of their home, yet most sellers always want their home marketed as much as possible.  A key factor in marketing a home is how it looks to the buyer, that means the buyer who is looking at those photographs.  The cereal box needs to get off the counter, the bed sheets need to hang evenly, because those photos are memorializing your home FOREVER on the internet.  And once the buyer gets inside the house, if only they could see past the catfood, and ignore how it smells on a 90 degree day, it would all be so much easier.  This is where the faded beauty and forever dumb enter the listing.  You would not buy a car like that off the showroom floor, not for full price.  And that's where your listing is, on the showroom floor.  But I digress.  Buyers are not always perfect either, but they do have a physical inspector and a 17-day contingency period, and a 21-day loan approval contingency period.

So to have it all come up roses, it pays to pay attention--on appearance, on disclosures, on price--so that the homeseller can get what he/she really wants -- a SOLD home. If you, however, are a seller who is marching to the right drumbeat on marketing your home, my sincere congratulations!

To find out competitive listings in your area, just go to www.juliahuntsman.com.
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Sellers, Get the Price You Deserve!

Seller's selling tasks

Every year  National Association of Realtors publishes its survey of home buyers and sellers, but this 2011-2012 survey (most recent) on FSBO's (for sale by owner) shows one of the largest gaps I've seen in selling price.  Traditionally, the figure was about a 5% difference in selling price (including all costs)between selling on one's own vs. being represented by a REALTOR. This, however, is showing a 20% difference in price when sellers did not use professional representation.

Not to pick on just one group, though, the graphic really highlights the issues before all sellers:

Having enough time to devote to preparing your home for sale, reviewing and negotiating all items as represented in transactional documents, understanding buyer financing issues, and being on top of the current market so that your setting the right price.

Very often, sellers focus on price to the exclusion of other terms, and may actually end up with a lower bottom line.  How is this possible? It's important to recognize negotiating issues and how much to give, or not give.

For an estimate of your home's value (condo, single family or residential units), please contact me.  If you're thinking you need to save money, you should first get an accurate estimate.  Your home could be worth more than you think (although I don't endorse overpricing), and you could actually net more than you originally thought by using a knowledgeable REALTOR.

Long Beach Area Sellers Have An Optimal Time to Move, Now

 

For the first time in years, sellers have an optimal time to sell, because more people are looking for a better place to live.  Interest rates are still lower, and prices are too (yet rising in areas as well).  Rising prices in some areas have lifted some sellers out of negative equity, or very close to it, so that they now may feel they can move on. 

 

It's an optimal time, take advantage of it now.

 

Seller Top 10 Legal Mistakes, Part IV

Not providing the buyer with legally required disclosures.

There is an important form used by REALTORS in California transaction named the Transfer Disclosure Statement (TDS) for residential sellers to make certain written disclosures about their property. This form is required by the California Civil Code, since 1987.

Sellers often forget how important it was to them as a buyer to find out what their seller could tell them about their new home. Buyers still want to know, so what is a checkbox and a few blank lines to fill in to a seller on the TDS is a world of important information to the buyer(s).

The TDS is meant for the seller to tell the buyer what is within their ordinary knowledge about their property, i.e., repairs, how recently painted, permitted and non-permitted modifications or additions, how old the roof is, new flooring, is there a sump pump under the subflooring--in other words, things that the mentally present person is not likely to have forgotten about.  There is even an additional multi-page Property Questionnaire covering numerous topics to prompt the seller's memory, a document which is not legally required but is often requested by the buyer's agent. Buyers sometimes think that sellers purposely didn't tell them certain things, like that rot that was found after the brick facing was removed from the front of the house. But things can happen that the seller may have no knowledge of, especially if they lived there for many years without spending money on maintenance. But then there's the case of the freshly painted bathroom that may have been covering over the water stains from a roof leak, which the buyer found out about on physical inspection, but where there was no disclosure about it on the TDS.  Sellers, it only upsets buyers when you're not totally forthcoming--it may be painful to negotiate during escrow and walk away with less money, but it could be saving you from an angry buyer (that did not discover a problem during escrow) and a lawsuit later on.

It's important to give this TDS document to the buyer, in the time period stated in the contract, since the buyer has the right to cancel the contract otherwise. If the seller thinks he/she doesn't have to provide this form and refuses to do so, the seller will be liable for any resulting damages (that means . . . attorneys, and more money spent).  If they seller accidentally includes wrong information, and then realizes it later, they may amend the TDS and give it to the buyer. There are certain sellers exempt from this form, such as in probate cases, and trust, plus a few other types.

And there are other required disclosures, including those about natural hazards, lead paint, special districts, and others, such as death on the property.  If someone died on the property more than 3 years prior to the buyer's offer to purchase, or if they died from AIDs, the seller is not required to disclose that fact, unless the buyer asks. If someone did die before that time, then the seller must disclose it--because if you the seller thinks the buyer won't be talking to the neighbors later on, you should think again.  Buyers should know what they are concerned about before and during their buyer investigation period, so that they are not unpleasantly surprised after they move in.

This is a more complex and lengthy subject than in this post, if you have questions please feel free to contact me.
An observation:  It's so very difficult to absorb all that is conveyed in the tiny print in these transactions, so my advice is:  turn off your TV, do not check your phone, your iPad, your computer, just sit and focus in as quiet a place as possible when completing your documents.  It is not a time for multi-tasking.

Top Ten Legal Mistakes Home Sellers Make-Part III

Verifying the buyer's finances.

The standard contract form used by California REALTORS says that the buyer must provide verification of their financing and/or funds to close within 7 days after the contract is entered into.

But why wait until then? The seller shouldn't have to find out a week later to find out the buyer may not have the upfront pre-approval, or that there may be some other doubts. The buyer's motivation should be such that he or she is ready to provide all that information with their offer to the seller, and in fact, the seller may have required their agent to request this in the MLS listing.  It only makes sense to find out as much as possible in the beginning, at least that one contingency can be out of the way. All too often, it turns out the buyer can't get a loan when it's time to fund. There are underwriting issues, or appraisal issues, that may come up that were unforeseen by the buyer, but sometimes not enough of the right questions were asked in the beginning. 

So why overlook the easy things up front, such as having your agent contact the buyer's lender for a direct conversation, and getting copies of statements (via the buyer) showing source of funds if it is not submitted with the offer? And, does the buyer currently own other property that he's not selling that could impact financing; or, is their source of closing funds in a liquid account? Seven days after a contract is entered into is not the time to learn about some uncertain source of buyer funds or fuzzy loan approval, the seller should want to know as much as possible beforehand.

These are just some of the reasons for verifying the buyer's finances up front. For more questions, please contact me or visit www.juliahuntsman.com.

What California Homesellers Sometimes Overlook: 10 Things, Part I

Regardless of when and where the homeseller could be selling in California, or whether there's a shortage of inventory or not, the transactional issues and facts are still tied to the contract between buyer and seller.

Here's a handy list for the Top Ten Legal Mistakes, with some added commentary by me.

What are the other contractual terms?
Sellers quite naturally want to sell at the highest possible market price, and have very good reasons for doing so. But selling price is not the only term in the contract-- for example, what if the buyer has a contingency to sell their own property, or what does it mean if the buyer is willing to remove their appraisal contingency but not their funding contingency? What if you agree to the liquidated damages clause? In a short sale, do you understand all the terms of the short sale addendum? And what do you need to consider with an all-cash buyer vs. a financed buyer?

What may happen with multiple offer situations?
In multiple offer situations, many buyers could be submitting offers but the seller is not obligated to any one buyer. The seller may respond to all buyers or choose one (but without discrimination). But what if additional offers are submitted in a regular sale after a signed contract exists with buyer no. 1? And what if you're a short sale seller, and a higher offer comes in after the first offer was submitted to the bank? (Hint: the short sale addendum states property may continue to be marketed after contract with the 1st buyer, and other offers may be presented to the bank.) Or, what if the buyer is submitting multiple offers on multiple properties, should they tell you that, or not, in their offer?  (Hint: Yes, they should disclose.) 

These are issues the seller should take time to review carefully and ask questions, preferably before a contract is signed--it saves on remorse later.