Top 10 Mistakes Buyers Make

 

California Association of Realtors has made a very nice graphic about their list of buyers' top 10 mistakes in a transaction.  Since they have the experience of hearing from many agents all over the state, they would be in a position to hear the most common complaints.

Personally, I haven't had equal experience with every single one of these items when working with a buyer, but when I think about, I can come close.
Item 1:  In every market, there seems to be a certain buyer who makes a below market offer (possibly known as "lowball") and wonders why the seller didn't respond with a counteroffer, or at least hear from the listing agent. Buyers, if you are this type of offeree, please know the seller is not ever required to respond (although it's nice of them to do so) if they don't like your offer.  Even if you are totally right about the price, and sometimes you are, it doesn't matter. Because the seller has a different perception, and does not agree with yours, even if you are right. Which leads to an important point: a good contract agreement reflects a meeting of the minds. Buyers, sometimes you have to either move on, or wait and see.  

And then there's the frustration of Item 2, where the seller accepts another buyer's offer. That other

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.

Does the 3.8% Healthcare Tax Affect You?

The Healthcare Measure was recently passed, which imposes a 3.8% tax which will affect some people.

Important things to know about this tax are that, first of all, there may be some analyses which may not be correct.  For instance, this Measure does not mean that you will be paying a 3.8% tax on the sale of your home after 2012.

As stated in columnist Kenneth Harney's article of July 15th:  "Yes, there is a new 3.8% surtax that takes effect Jan. 1 on certain investment income of upper-income individuals — including some of their real estate transactions. But it's not a transfer tax and not likely to affect the vast majority of homeowners who sell their primary residences next year." 

The surtax does not change the current capital gains exclusions of $250,000 (single tax filers) or $500,000 (joint tax filers, i.e., couples) for the sale of your principal residence.  But, basically, any gains above those amounts on the sale of your residence and if your income is above the $200,000 (single filer) or $250,000 (joint filer) annual income thresholds, you may then be exposed to the 3.8% surtax.

Therefore, it will be important to gather documentation on your property concerning improvements and expenses--including your closing costs--which increase your tax basis in order to lower your capital gains.

The National Asssociation of REALTORS at their website shows the following sample:

Say you and your spouse have adjustable gross income (AGI) of $325,000 and you sell your home at a $525,000 profit. Assuming you qualify, $500,000 of that gain is wiped off the slate for tax purposes. The $25,000 additional gain qualifies as net investment income under the healthcare law, giving you a revised AGI of $350,000. Since the law imposes the 3.8% surtax on the lesser of either the amount your revised AGI exceeds the $250,000 threshold for joint filers ($100,000 in this case) or the amount of your taxable gain ($25,000), you end up owing a surtax of $950 ($25,000 times 0.038).

Capital Gain: Sale of a Principal Residence

AGI Before Taxable Gain  $325,000

Gain on Sale of Residence  $525,000

Taxable Gain

(Added to AGI) $25,000 ($525,000 – $500,000)

New AGI $350,000

($325,000 + $25,000 taxable gain)

Excess of AGI over $250,000 $100,000

($350,000 – $250,000)

Lesser Amount

(Taxable) $25,000 (Taxable gain)

Tax Due $950

($25,000 x 0.038)

See Kenneth Harney's article and Health Reform scenarios at Realtor.Org.

Please consult your tax advisor for information that directly pertains to your situation.

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 II

Because homesellers may feel eager to sell, they sometimes overlook what could turn out to be very important clues about an offer.
 
About the buyer deposit:

What if the buyer submits an offer for your California home at $250,000, which also happens to be your list price? You think you've got a good offer for your equity sale listing, right?  And you see the letter from their lender saying they're pre-approved and that they have funds to close. So what could be wrong?  It's this:  the amount on the deposit line in the offer is for $500.00. and their down payment shows 20% down and they are paying their own closing costs, so they are presenting themselves as strong buyers. So why aren't they putting down a good $5,000-$7,500 for their deposit so they show you they really want your house? First-time buyers with an FHA buyer assistance program might not be able to do more than $500.00 deposit and be highly motivated, but a investor or other buyer with more assets would be ideally putting down 2%-3% deposit because they have the monetary ability to show their motivation.

Important to remember:  The buyer's deposit is fully refundable to the buyer within the buyer's contingency terms of the standard California of Association of Realtors form contract, but if the buyer defaults later on and walks away, the seller will have little or no buyer deposit as liquidated damages to which he/she may otherwise be entitled.  If you, the seller, question the amount of deposit, remember, you can include a reasonable amount in your counteroffer to the buyer if you believe the buyer has the capability and you want the commitment.

For more help and real estate information, please go to http://www.juliahuntsman.com/Home-worth.html

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.

Every Day There is Another Story That Housing is Recovering, and Then It's Not: Read More

What is the real story on short sale numbers and borrower delinquencies? The story seems to vary on a daily basis.

But according to the Mortgage Bankers Association, which keeps track of these statistics, the delinquency/foreclosure rate was still 11.33% as of the end of the 1st quarter of 2012.  That's the lowest since 2008, but is still a lot of homeowners on a national basis.

The Potection of the Mortgage Debt Relief Act Coming to End

With some recent news about positive signs in the real estate market, some owners may be taking the pressure off themselves.  However, the national statistics seem to indicate that about 30% of properties nationwide are in negative equity.

The federal Mortgage Debt Relief Act was passed at the end 2007 to allow homeowners debt relief on their principal residences if foreclosed on or sold in a short sale. California later passed a bill also helping homeowners in this situation.  Currently, it is set to expire at the end of 2012, meaning that if the deadline is not extended by Congress, owners after that date will be responsible for debt after a foreclosure or a short sale. Previous to this Act, the amount forgiven in a short sale, or walked away from in a foreclosure, was treated as "phantom income" to the owner, and taxed.  California's Debt Forgiveness Relief Act also expires as of January 1, 2013.

So, after December 31, 2012, if a property is approved by the bank in a short sale and sold for

Sellers, Buyers Are Competing With Multiple Offers

Did you know that Long Beach and surrounding areas have less than two months of inventory?
This chart covers up to 2011, and the trend of multiple offers in the lower price ranges is even stronger in 2012.
Think you can't sell?  Think again, and call me.

Long Beach Parks Summer Concerts for 2012

Now that "House" is over and gone forever, there's no reason to not remember the summer concert schedule for the Long Beach Municipal Band.
Long Beach is lucky to have such a music resource, not every city can maintain its own group of musicians.  Plus, Larry Curtis, the band conductor, used to be the conductor for my high school band eons ago, so that's another reason I like this band.

				Week 2:
Week 1:				July 10 TBD
July 5 Marine Stadium July 6 El Dorado Park West				July 11 Los Cerritos
				July 12 Marine Stadium
				July 13 El Dorado Park West
Week 3:				Week 4:
July 17 TBD				July 24 TBD
July 18 Los Cerritos Parks				July 25 Los Cerritos Parks
July 19 Marine Stadium				July 26 Marine Stadium
July 20 El Dorado Park West				July 27 El Dorado Park West
		Week 5:
		July 31 TBD
		August 1 Los Cerritos Parks
		August 2 Marine Stadium
		August 3 El Dorado Park West

http://www.longbeach.gov/park/recreation/lb_municipal_band.asp