by Paul Slaybaugh | May 2, 2009 | Home Selling, Scottsdale Real Estate
One of the age old adages of Real Estate is that everything is negotiable. By and large, it is true. However, another adage to bear in mind is that there is a time and a place for everything. Let’s examine the sticky issue of seller repairs during the course of a typical transaction, for example.
Buyer’s aren’t the only ones who can experience a healthy degree of remorse after consummating an agreement to purchase a home. The phenomenon also extends to sellers who are convinced that they have undersold their property. Hard to fathom that anyone who watches the news these days and has an idea of what is going on in the current market would think it is possible to undersell right now, but it happens. While a remorseful buyer may look to the home inspection as an escape hatch to get out of a purchase they no longer wish to make, a remorseful seller may decide to stonewall all buyer inspection requests because “they are already stealing the house.”
There is also the case of a seller who has received a subsequently higher offer. Legally bound to the terms of the contract with the first buyer, the higher offer can only be placed in backup status. As such, some sellers with a better backup offer in hand will be inclined to stonewall the inspection demands of buyer number one in hopes of chasing him/her away. This would enable the more favorable terms of the second contract to be moved to the forefront.
Well, in each case, there is a problem with the strategy. A seller cannot retroactively change a purchase agreement to an “as is” transaction. The time to address such terms is during the initial contract negotiation. Unless overridden with constructive language, the boiler plate of the AAR (Arizona Association of Realtors) purchase contract warrants that certain systems of the home are in working order upon the close of escrow (receipted proof of any/all corrective work is required to be furnished to the buyer 3 days prior to closing).
Section 5a of the AAR Purchase Contract:
Seller Warranties: Seller warrants and shall maintain and repair the Premises so that, at the earlier of possession or COE: (i) all heating, cooling, mechanical, plumbing and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaning systems, and heaters, if any), freestanding range/oven, and built-in appliances will be in working condition; …
In other words, the seller is contractually obligated to make any repairs necessary to ensure that the systems referenced in the passage above are in fully functional condition at closing (or possession, whichever comes first). I am not an attorney, but according to the suits in our downtown corporate office, “functional” is to mean “as intended upon original installation.” In other words, your A/C may work, but if it has a temperature split outside of the ideal range, you are most likely technically obligated to repair the component that is preventing it from functioning in accordance with original specifications. Faulty wiring (double taps in the breaker box, reversed polarity, etc), non-functioning fixed appliances, leaky shower valves … you are on the hook for those repairs.
Let me reiterate, I am not an attorney, so please do not refer to anything stated in this post for legal guidance. I am but a simple Realtor with a simple message:
Unless you struck the seller warranty language out of your original purchase agreement (good luck with that in this market unless you happen to be an asset manager for a bank and willing to discount the price of the home dramatically), there are certain repairs you are stuck with, lest you be in breach of the purchase contract.
That’s where fun new topics such as specific performance lawsuits come into play.
Read the contract to which you are agreeing, and don’t let your agent dismiss the fine print as “just boilerplate.” That boilerplate contains specific rights and responsibilities of which you need to be aware prior to ratification. The Devil is always in the details.
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by Paul Slaybaugh | May 1, 2009 | Home Selling, Scottsdale Real Estate
Shh! Can you hear that?
It’s the sound of hollow vault doors being slammed shut and masking tape being drawn to piece together shattered family piggy banks. Smashing the pink porcelain piglet in cases of emergency is the easy part. It’s putting the starved omnivorous swine back together that requires the patience of Job.
While America has gone for her hammer, we Realtors have been peddling a seemingly contrary message.
Buy. Now.
While it is difficult to fathom spending money at a time when most are diving under the sofa cushions to retrieve every last nickel and Chuck E Cheese coin alike, we are all familiar with the free market tenet that the best time to buy is when everybody else is selling. Or trying to sell, I should say. The worst of times allow for the best of swindles purchases. The majority of the general public recognizes this, laments the scarcity of available funds to capitalize on the current opportunities, and grudgingly returns to the painstaking task of trying to figure out which of the three credit cards to make a payment on this month.
These prices are crazy! If I had any extra money laying around, I’d buy five!
Of course, it goes without saying that values are so low because of the very truth that so few are in a position to buy. As soon as demand catches back up with supply, and more folks are in better places financially, the opportunity for the best values will be gone. This isn’t a sales pitch. This isn’t even a sales post. It’s just the way it is.
Nope, rather I am simply writing to remind you that the same market forces that apply to the current housing market at large apply to your home specifically, even if you are not looking to buy or sell. I am talking about now being an excellent time to renovate.
Blasphemy, I know.
With prices consistently falling for the past year and a half, why on God’s green earth would you invest more money into a depreciating asset? Especially when money is not exactly growing on HELOC trees these days?
Because there are a lot of hemorrhaging material suppliers and minimally employed contractors out there, that’s why. If you haven’t shopped the box stores or general construction supply retailers lately, you might be surprised at some of the prices that can currently buy you a slab of granite or travertine tile.
With starts for new build homes down to a virtual standstill, there is excess material and labor strewn all across the Valley. Don’t believe me? Go post a construction job on Craigslist and don’t blame me when your inbox explodes. Just like winter is the best time to resurface a pool, a slow growth market is ripe for a home renovation bargain.
Whether you are an investor that has adopted a buy and hold strategy for a slow motion flip, a homeowner who plans to sell in several years when the market is more conducive to your goals, or just someone who is simply sick of mauve carpet and laminate cabinets, this just might be the time to take the plunge.
It will be more difficult to finance the rehab, with lines of credit evaporating and home equities diminishing, but again, that’s the rub. That is precisely why there are bargains to be had.
While counting all of the money you are saving as you pick out those cabinets, thanks to the uncanny insight of a certain friendly Scottsdale Real Estate magnate, please bear one thing in mind as a thank you gift:
The magnate likes cherrywood.
by Paul Slaybaugh | May 1, 2009 | Home Selling, Scottsdale Real Estate
Appraisals are typically regarded as the most accurate measure of a home’s value, and for good reason. Licensed to perform one task and one task only, appraisers see and evaluate property all day, every day. While some of us more egocentric Realtors feel that we put more time and effort into our own opinions of value, considering we will ultimately bear the responsibility of bringing the home to market and selling it, that bit of vanity is neither here nor there. Appraisers, though many underwriters these days are loathe to admit it, are still considered the ultimate authority on worth outside of a willing buyer and seller.
Appraisers, however, are often hamstrung by their own guidelines in keeping pace with the current market. This can be beneficial, such as when prices were artificially exploding between 2005-2006. We agents lamented the stodgy appraisers who were too rooted in the past (closed sales) to acknowledge the present (upward trending prices) while values were exploding. You couldn’t attend an office meeting without a colleague or six bemoaning the bozo appraiser who didn’t grasp the current market. If only our industry at large had been so conservative.
Normally the protective ally of the bank and the buyer, I have noticed an interesting shift as of late, however. Appraisers have become a seller’s best friend. Before you toss me out on my heretical ear, hear me out.
Appraisers have begun to view the market in two distinct categories. There is the general non-distressed resale home market, and then there is the foreclosure market. When evaluating a property, most seem to have taken to lumping properties into one grouping or the other. Their subsequent findings are based upon the homogeneous pairings: bank-owned properties are comped against other bank-owned properties and standard resale homes are comped against other standard resale homes.
It sounds great in theory, but the problem with this new pattern is two-fold. First, there is the matter of pure sales volume. The action in our current market is more heavily dominated by foreclosure properties than any point in memory. It’s undeniable. The mini sales boom that has seen a steady increase in total closed and pending sales in each of the last several months here in the greater Phoenix area is due in large part to the allure of these lower priced options. As such, it is just not feasible to ignore this growing segment of the market when trying to determine the value of a home. The data is often quite scarce when trawling for non-distressed sales upon which to base an evaluation. By and large, the higher priced resale homes just aren’t selling with a great enough frequency to provide adequate comparison data.
The other issue is the problematic assumption that a buyer cares. If the home next to your own has been foreclosed upon and is listed at $200,000 less, do you honestly think the buyer will buy yours if all other things are equal? Is a buyer really expected to see anything beyond the price and the condition? The label of “bank-owned” versus “resale” is wholly irrelevant to what a buyer is willing to pay. Shoot, I have seen quite a few remodeled bank-owned or short sale properties that put many dog-eared resale listings to shame. And yet, they are somehow devalued or eliminated from the consideration of value for other homes in the neighborhood simply because of the conjured stigma. Buyers may start their search with one particular market segment in mind (distressed property shoppers looking for a deal, resale shoppers looking for a well maintained home), but they will ultimately look at everything that fits their price and need requirements. Labels be damned.
I sure like it when my appraisal tells me my home is worth more by ignoring completely the last four neighborhood comps, but I know the real score. No buyer will pay me what my current appraisal tells me it’s worth. No way. I know better than to be the ostrich who thinks that the homes that are actually selling right now have no impact on my property value because they are “distressed.” Guess what, buckaroo, those sales are distressing the entire market. There may be microcosms within the market at large, but they are amoebic. The uneven boundaries protruding against each other as they occupy overlapping space.
So while there is still plenty of benefit in having your home evaluated by a neutral authority, just remember not to spend all of that anticipated equity before your buyer signs on the dotted line. You just might be unpleasantly surprised when he doesn’t downgrade the competition or recent sales comps like your appraiser did.
by Paul Slaybaugh | May 1, 2009 | Home Selling, Scottsdale Real Estate
In today’s topsy turvy Real Estate market, many potential players have been scared to the sidelines. Whether it be the buyer who worries that prices will continue to plummet across the boards, or the seller who laments the inability to fetch the same price that was attainable a year ago, there is a lot of market watching going on right now. To be sure, these are unusual times. Before you let the condition of the market at large dictate whether or not you buy or sell Real Estate, though, bear in mind that there is opportunity amidst chaos. Just as the worst investments are often made in the best of times, the best investments are often made in times such as those we are experiencing today.
We all know that buying low and selling high is the name of the game. The difficulty comes in recognizing the apex and the nadir. If it were really doable, we’d all be billionaires. As this determination is only truly made in hindsight, the key is to make the current market work for you, rather than standing around and waiting for the mythical “bottom” as a buyer or “top” as a seller.
So, how does one not only survive, but thrive as a consumer in this tough market? By making purchasing and selling decisions based upon a comprehensive strategy rather than treating each as isolated transactions. Assess your situation, and decide whether the current market will provide enough positives to offset the negatives. Here are a few such strategies that just might make a move feasible after all.
The Move Up Purchase:
The move up buyer is tailor made for this market. Provided that you are looking to stay within the same market, if home values in your area have declined by 10% (purely arbitrary figure), that larger home that you have had your eye on is closer to your reach than ever. If your $300,000 home took a 10% hit, and the $500,000 home of your dreams took a 10% hit, the value difference just shrunk by $20,000 (30k versus 50k in depreciation). Such homeowners need to stop considering themselves as sellers. They are buyers in sellers’ clothing. That too-small home is all that stands between you and the tremendous deals that are available today. Price it right, take your lumps, and you will free yourself to go give somebody a few lumps of their own.
The Downsizing Scenario:
Downsizing to a smaller, less expensive home does not make good financial sense in this market. The factors which work to the consumer’s advantage in the scenario above work to the detriment of the consumer here. But what about the retired couple who doesn’t want to wait for the market to rebound? One way to get on with their lives without taking it in the shorts by selling right now is to consider leasing the home. Assuming that many people in this position will have a substantial amount of equity in their homes, they might even be in a position to draw a positive cash flow by renting out their existing home. They would also be in a position to draw down payment funds for the home they wish to purchase in the form of a home equity line of credit (HELOC). This is about the only scenario in which I would entertain the notion of drawing equity out of a property right now. I have spoken with a few retirees lately who wish to downsize, but don’t want to sell in the current market. I don’t blame them one bit. Putting a tenant in their homes until the market is more conducive to commanding a more attractive sales price may be the way to go.
A More Battered Local Economy (AMBLE):
For the person moving completely out of area, it wouldn’t appear to be a very attractive proposition. You get hammered on the selling end without getting to reap the rewards on the buying side. So what to do? Move somewhere that has gotten hit even harder by the depreciation bug than your community. I admit, this is really more flippant than realistic, but if there are job transfers, family, etc. waiting in hard hit parts of the country, you can conceivably offset the low sales price of your current home with a lucrative buy.
INVEST, INVEST, INVEST!
Along with the move up purchase, this is the biggest no-brainer going. With bank owned property listings, inflated inventory levels and a buyer pool diminished by tightened lending requirements, there has not been a better time to be a buyer since the Gadsden Purchase.
While the resale market at large may have further to fall in value, there is really nowhere left to go for some of the bank property bargains I have encountered lately. There is significant demand for the low end of the price spectrum, with multiple offers, cash buyers and bidding wars in some instances. So when you hear that prices may fall another 10-20% across the board, it’s not going to be on the steals. These properties may pull values down closer to them, but there is too much demand for the low end to keep falling in my humble opinion. There are great values in land right now as builders have basically shut down until they sell off existing inventory. Single family homes are attractive to many as a tenant can largely offset carrying costs. It is a great time to have a few extra bucks in your jeans if Real Estate investment is in your blood.
There are more creative avenues to be explored in this market, but for the purposes of this post, I’ll stick with the basics. The bottom line is that you can benefit from the current market with the right strategy. Money is not only made by tucking more in your jeans, but by taking less of it out as well. There is no such thing as a “BAD” market, nor a “GOOD” market. There is only the market. It’s up to you to bend it to suit your purposes.
by Paul Slaybaugh | Mar 29, 2009 | Home Selling, Scottsdale Real Estate
You’ve been married so long that you’ve forgotten how to be single. Your t-shirts all have holes in them, you don’t shave on the weekends, and you haven’t consumed a “Diet” anything in years.
While your spouse may love you despite the fact that you have completely let yourself go, you are in for a rude awakening if you ever find yourself back on the market. Flaws are only endearing to loved ones, not strangers. Before you hit those nightspots, you’ll need a new wardrobe with the latest fashions. You’ll need to cut that hair and clean underneath those fingernails. Don’t even get me started on the unibrow. You need to put your best face forward if you are to attract one of those cute, little minx.
But what about when it’s your house that you are divorcing?
You look at your home, and you know that things just aren’t working out. Either you have lost that loving feeling or it’s simply time for a change. It may be amicable or there may be irreconcilable differences. Maybe you’ve always known that this house was only “Mr. Right Now.” Regardless of the reasons for your split, it’s time to move on. All of those things that you have lived with over the years? The creaky front door hinges? The balky A/C unit? The old, pale yellow linoleum that you originally detested, but grew to loathe? It’s all gotta be gussied up.
Now you can’t take every middle-aged home and turn it into a supermodel overnight, and that’s okay. You don’t necessarily have to be the best looking house on the planet, just the hottest little number in the club.
When you are elbow to elbow with competing properties, you don’t want your fly to be down. That’s not how you drag home a buyer of which your mother would approve. No, that’s how you pick up that other kind of buyer. You know the type. Offers you a hundred thousand off of list price and demands umpteen thousand dollars to repair things that cost a couple hundred. That is one coyote ugly buyer. Keep such buck-toothed, cross-eyed suitors at bay by using the right bait.
Trolling for a trophy buyer? Change out those tired carpets, paint those grimy walls, oil those squeaks.
Fishing for carp? Throw a big wad of Velveeta around your hook and toss it out there.
We have all heard the reports about the overwhelming levels of housing inventory. Vastly more homes for sale than qualified buyers. It can be quite discouraging to a seller. I have been through a great many of these properties, however, and the poor showing condition many of them display never ceases to amaze me. There may be a glut of houses for sale, but in my own myopic view, there is a whole lotta rough for every diamond. If I had to speculate, and I will, I’d hazard that many sellers have either given up hope or refuse to spend any money that they don’t expect to recoup in full.
Don’t fall victim to this mindset. Now, more than ever, you need to get your home standing tall if you plan to sell it any time soon. I know that these are lean times, but if you can afford to carry a non-selling house for months on end, you can afford to stage it properly to expedite the process of finding a new beau. After all, the sooner you find the next Mr. or Mrs. Right for your home, the sooner you can stop writing those alimony checks.
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