From the monthly archives:

December 2007

Newton’s Umpteenth Law - Concurrent Closings

by Kris Berg on December 10, 2007

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Sure, we’ve done it before. And, like back-to-school night, childbirth, and my mother-in-law’s meatloaf, you tend to forget how painful an experience it is until you have to go through it again.

Moving day.

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Our office, like so many offices, is “right sizing.” This is a simple case of math. Ginormous office + (ginormous number of agents divided by 2) = inefficient use of space with a remainder of enough to house the company’s Title processing services. So, today we are playing musical cubicles.

Steve and I have moved far too often in the past 18 months. We have become veteran relocation specialists, at least where our own stapler and two-hole punch are concerned. I watch with amusement today as the uninitiated neatly pack and label their tidy, stackable boxes in anticipation of being transferred to their new domain. Conversely, we greet the event like a guerilla warfare training exercise. All of our business accumulations from the past eleven years get ripped from the walls and drawers and cabinets, hoisted on our backs, thrown in our pockets and otherwise fired out of a slingshot into our new “home.” Like Olympic sprinters, we have perfected the art of moving our stuff to the finish line without breaking a sweat, while simultaneously negotiating a counter offer and doing our year-end taxes.

No big deal. No big deal, that is, unless you arrive at your new address to find it is still “occupado.” Our manager did his best to plan and organize the move, but he forgot one important factoid. Newton’s Umpteenth Law says that one cannot occupy a space until others have vacated the space. Well, this is not entirely true, but ignoring Newton’s lesser known law would result in 40 agents, 40 desk blotters, and 6,097 award plaques residing in a single cubicle, which is impractical at best. In technical real estate speak, we call this law of moving physics “the choo-choo train.” My manager should have seen it coming.

The vast majority of our transactions involve a seller moving into a home occupied until closing by another seller. Often there is yet another seller involved at one end or the other, and we have personally had our train run five moving vans deep. Usually, an agent has to orchestrate only two concurrent closings, and even two requires more than a little attention to detail.

Every week we encounter someone who says they will be representing themselves in the purchase (which, translated, means they are listing agent shopping) but will be hiring an agent to list their home, or a seller who has their home listed with another agent but comes to us to purchase a home. Wrong. There are just too many moving parts to concurrent closings that make this approach a potential minefield of temporary homelessness. Title and escrow companies at both ends should ideally be the same. If not, then someone needs to be making darn sure that the first one in the chain is set up to record first thing in the morning so that funds can make the wiring cut-off and the next can record same day. An early morning recording generally requires loan funding the previous day. If one of the moves is interstate, you’ve got a whole other can of worms, with varying County Recorder schedules (one allows late-day, “special” recordings while another does not), wiring cut-off concerns and time zone issues being a few obvious examples. Screw up, and someone’s moving truck is left idling at the curb.

Then there is the matter of possession. If all parties close concurrently, how do you get everyone, simultaneously, instantaneously to their new home? This is where more simple math comes into play. The first guy may get to retain possession for 3 days, the next for two days, and so on. Mess up, and you have got your client taking up temporary residence in your guest room.

So, it is moving day, and the previous owners of my new space, or ”Office E” as they like to call it on the unused packing labels provided to us, are showing no signs of life. I could file an unlawful detainer, but that doesn’t solve my immediate need to close this transaction so I can get on with my life. Therefore, I have staged a sit-in in nearby “Cubicle 8.” All of my important real estate trappings, including but not limited to a parking meter, a “Children at Play” sign, and a really cool clock in the Elvis likeness (his hips swing while he counts the seconds) are parked in public storage like a neighborhood eyesore. And, I plan on spending the morning stationed at the helm, arms crossed in the universal body-language symbol for “Get the heck out of my office” until I can take my rightful possession.

Aargh. Concurrent closings. I should have picked a better agent.

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Be nice? This place is a death-trap.

by Kris Berg on December 6, 2007

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Ilyce Glink writing for Inman Newsshared her thoughts on the property inspection process and offered six hidden property flaws which buyers should be on the lookout for. Unless I buy you each a subscription to Inman News, I am not at liberty to share the entire article, but I will paraphrase in the name sharing.

Radon, Asbestos, Lead, Toxic Substances, Structural Engineer, and Pests were the six ugly monsters which she cited may be lurking in your future dream home. In all fairness, I don’t generally consider structural engineers problematic, but they are often in a position to identify structural issues which may be. As for the others, here is how we might be concerned in San Diego, the Land O’ Tract Housing.

Radon. This is not a huge concern in our area, but on the East Coast is routinely the subject of testing. The Natural Hazard Disclosure Report will identify whether or not your home of choice is in an area of high potential for radon gases. In Southern California, this is generally a sufficient level of discovery.

Asbestos. There is the naturally occurring kind, which is rare. Again, your Natural Hazard Disclosure Report will address this. Then, there is the other kind - the asbestos found in the materials used in the home. For newer construction, you needn’t worry. Asbestos was banned from use in new construction in 1988, and manufacturing stopped in 1984. Homes constructed prior to the mid-1980s might have traces of asbestos products, and you might want to have one of the many hazardous materials testing companies take some samples.

We have a client closing tomorrow on an older home (built in the 1960s) in La Jolla. They did opt for hazardous materials testing, and while the acoustic ceiling tiles were surprisingly asbestos free, the inspector discovered that asbestos was present in the glue used to install the vinyl floors in the bathrooms and kitchen. This information didn’t send them running for the suburbs, but it did give them valuable information before they embarked on any potentially dangerous do-it-yourselfer projects.

Lead. Lead-based paints were allowed to be manufactured through 1968, but lead-based paint products were sold into the 1970s. Again, in San Diego, where old is not old as in charming but old as in built ten years ago, this is rarely a concern. If your home was built prior to 1968, however, you should be aware that eating paint chips could be hazardous to your health.

Structural Inspectors (that is, Structural Issues).No one is immune here. If doors are not plumb, if unusually large cracks are noted in the walls, or if all of the seller’s furniture is arranged in the southeast corner of the home due to gravity, you might consider having a structural inspection.

Which brings us back to our La Jolla home. During the general property inspection, we had cause to suspect structural issues. My clients opted to have the carpeting pulled at several locations throughout the home in order to inspect the slab. It was cracked, indeed. Through further inspection by a contractor, they were able to conclude that the home was sound and that long-term settlement symptoms could be repaired. This will not always be the case, however.

Pests.In my neck of the woods, our contracts include a provision for the Wood Destroying Pests and Organisms inspection. In almost all cases, the contract will require that the seller, as a condition of the purchase, remediate any “active infestation.” While rodents are not specifically included in the “wood destroying category”, the inspector will note their presence, and the buyer will have the opportunity to request that the small, squeaky fellows be removed from the premises. Rarely in San Diego have I encountered issues with the carpenter ants and chipmunks that the author spoke of, but I suppose she was speaking to a national audience.

Our La Jolla house? Termites, wood rot, wood fungus: All present. Chipmunks? Not to our knowledge.

Don’t think that your inspection contingency gives you a free pass to cancel the deal for any reason. All houses (even newly built ones) will have some minor issues. Canceling the deal without allowing the seller to attempt to fix the problem (or reduce the purchase price) isn’t a very nice thing to do.

This is good advice, and the part about being “nice” deserves applause, but…

Ms. Glick writes to a national audience. I am a working girl in a smaller, San Diego market.  La Jolla, for me, was an anomaly. Where the average Year Built of homes I routinely deal with is “Wednesday”, the “Krissi List of Inspection Horrors” is much different.

Caulking.It’s that flexible stuff around the base of the shower pan, at the edge of the tub, and around the sinks. It begins it’s life white and intact but may become discolored or even (gasp!) missing over time. Your inspector will recommend that the entire house be recaulked (including light fixtures, door knobs and furniture which conveys). Recaulking your children as a precaution will also be advised.

Furnace Filters. These are the things that trap dust and dirt as your magic climate control machine does it’s thing. Sometimes, these filters by virtue of trapping dust and dirt will become (gasp!) dirty. Forgetting for a moment that they are $10 Home Depot items, you will threaten contract cancellation unless the seller agrees to replace them. Then, when you close escrow, you will forget to change them yourself for the next 17 years.

Damper Spacers. This is a HUGE health and safety item. Our San Diego gas-fed fireplaces are, well, gas-fed. A damper spacer will ensure that the flue is always open so that when you turn on the gas but forget to light the fire and them leave for a two-month missionary trip to Cameroon, your home won’t blow up. Forgetting for a moment that these are $5 Home Depot items, you will threaten contract cancellation and judicial action unless the seller agrees to pay a handyman $593 to install one.

Doggie Doors in the Fire Door.This is a huge problem in my neighborhood where the Homeowners Regulations require each household to sponsor at least one dog, preferably a Golden Retriever, with bonus points awarded if the dog’s name is “Max.” The door leading from your garage to your home is a Fire Door. It is called this because, when your garage is on fire, it will be also. More importantly, it will impede the spread of fire from your garage to your home (and, presumably, the other way around). When a little access hole is cut out to allow Max to freely move to and from the garage while you are at work, or in Cameroon, you have Breached the Security Perimeter. You will insist that the seller replace this compromised door with a new door. After closing, you will remove the auto-closing mechanism from same so that it will remain open all day long, allowing your own pet (Max) freedom of movement. Not to mention, you will get a really nice cross-breeze.

GFCIs. Ground Fault Connector Interrupts are those special little electrical outlets with the red “reset” button which you push every time you attempt to simultaneously blow dry your hair, recharge your golf cart, and cook a turkey. They prevent bad things from happening if a power surge should occur. At your inspection, you will discovered that at least 40 of these are faulty. Forgetting for a moment that these are $15 Home Depot items, you will threaten contract cancellation unless the seller hires a Licensed Electrician to replace them at a total cost of $3,741. 87. You will offer to accept a credit in lieu of repairs. The credit you will ask for will be $3 million dollars, the seller’s Hummel collection, and a pony.

Of course, based on your inspector’s findings, you could cancel without giving the seller the opportunity to address these heinous deficiencies, but that wouldn’t be very nice.

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December Heroes

by Kris Berg on December 3, 2007

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It’s time to send out our holiday cards, and this year I had vowed to include the obligatory family photo on the front. Don’t misunderstand; I had no delusions of having us all dressed in color coordinated attire, although I did secretly hope the dog would keep the reindeer antlers on long enough to say Cheese. I simply thought I might get four small people in one small shot suitable, if not for framing, then at least for the front of a Good Tidings message destined for your recycling bin. Nothing thrills like getting a Christmas (or Chanukah or Kwanzaa) card from your real estate agent.

Good luck with that! Sure, I could blame it on the frenzy of the season, but the sad fact is that it takes an act of Congress to get our nuclear family in the same room at the same time at any time of year. And, if you have children who are mobile and empowered with the concept of having actual rights under the Constitution, say, over the age of three, you know what I am talking about.

This year’s holiday card offering is shaping up to be much like those of Christmas Past. The cover photo by all accounts will either involve Photoshop, clip art, or an artist’s rendering. I am leaning toward the latter.

Option 1 - Photoshop:

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Option 2 - Clip Art:

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Option 3 - Artist’s Rendering:

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In this spirit, today I want to honor the unsung heroes of December, those brave and fearless warriors who laugh in the face of adversity, the defenders of our (my) way of life: The home sellers.

Let me begin by saying that there are people who list their homes for sale and then there are people who offer their homes for sale. The difference is immense. Based on my most recent episode of This Week in Real Estate, I offer the following distinctions as examples.

Listed for Sale: When an agent (me) arrives at a confirmed appointment to show, seller’s children are watching television on the couch in their jammies and taking a shower respectively, while every item of clothing belonging to listing family has been both worn and discarded randomly throughout the home atop the “plush, neutral carpeting.”

Offered for Sale: When an agent arrives at a confirmed appointment to show, seller and seller’s children are sitting in family mini-van across the street to allow the buyer and their agent to conveniently view the property. Listing agent (me) is grateful.

Listed for Sale: When an agent (me) arrives at a confirmed appointment to show, and the seller is clearly home (voices coming from the house, shoes on the porch, cars in the driveway), seller does not answer door, and agent discovers that key has been removed from the combination lockbox (presumably by the seller) so as not to be disturbed.

Offered for Sale: When agent arrives at a confirmed appointment to show, daughter’s birthday party is summarily relocated, albeit temporarily, to a remote location to allow the buyer and their agent to conveniently view the property, but only after having the little ones wait while the home is tidied and the “plush, neutral carpeting” is vacuumed.” Listing agent (me) is proud.

Listed for Sale: When an agent calls on Friday to make an appointment to show on Saturday, the seller says he doesn’t feel like showing the home this weekend.

Offered for Sale: When an agent calls from the driveway and asks to show the home now, seller asks for five minutes to tidy up and then takes children to the park. Listing agent (me) is in awe.

Listed for Sale: When an agent calls on Friday to make an appointment to show on Saturday, the seller says he doesn’t feel like showing the home this weekend. (Yes, this happened twice.)

Offered for Sale: When a buyer calls from the driveway of a home and asks to see the home now, listing agent (me) drops everything and hauls hiney over to home to open it up. Seller drops everything and takes children out for ice cream.

Selling a home in this market is not an event, it is a process - Much like the design and composition of my holiday greeting cards. It is inconvenient, it is stressful, and it takes effort - on everyone’s part. It is not enough to just be listed for sale. You have to really offer it for sale, and this means you have to be flexible and committed. At this time of year more than any other, we are all running in eight directions. We are challenged with work and family and social obligations. If you are on the market, recognize that buyers are similarly challenged. But, if they are asking to see your home in December, they aren’t just killing time. They mean business. There is no point in having a sign in your yard if you have no intention of doing the things necessary to actually sell your home - like allowing people to see it. And, for Pete’s sake, pick up the dirty laundry!

If our seller clients can be brave and flexible enough to accommodate the thundering herd this time of year, I can at least try to assemble six mammals in one room for five minutes in the spirit of spreading holiday cheer. Wish me luck.

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