Buying New Construction – Choosing the Lot

The first step in buying a new construction home, unless it is an already built “spec” home, is to choose the lot. However, not all lots can hold all homes. So to some extent you have to choose both the home to be built and the lot at the same time.

Let’s look at a small subsection of a fairly standard looking new construction development as to variations of lots available.

ncsp-001

Choosing the lot is likely the most critical phase of buying a new construction home that is not a spec home. It used to be a lot easier to pick the best lot…or at least a good one. A standard lot was built into the price of the home and there was a “lot premium” for the other lots. Let’s say the lot premiums ranged from $2,000 to $15,000. That gave you a gauge as to how much better than a standard lot, the lot you were selecting was.

Unfortunately those days are gone and most salespeople will tell you they are all “best” lots.

Looking at lots 1,2,3 and 4, lot 4 would usually have a premium as it sides to an “open space”. You might say the same for the corner Lot 1. But if the street to the left of Lot 1 is a very busy road…now it is a lesser lot without benefit of no neighbor to the left. In essence your “neighbor to the left” is a bunch of dirty, noisy traffic. Some people feel the same way about the drainage basin to the right if it is ugly and attracts mosquitos. Sometimes people think the drainage area is going to look like a “pond” the way it states on the site plan…and sometimes it does. But more often it looks like an unkempt ugly drainage pool.

Trees? Good Drainage Issues? Can you see a green, yellow, red blinking street light from your master bedroom window? All too often someone picks the lot without standing on the lot…bring a ladder. Stand higher. 🙂

Choose the best lot and the worst lot and assign values from there. Don’t do this from a site plan like the one above without walking the entire area to see what is on the outside of those perimeters. Will there be more new homes to the North or are there existing run down homes with a few junkyard dogs.

You have to get very close to picturing the home on this lot the same way you would if you were buying an existing home on that lot. This is VERY difficult for most people.

Generally speaking only people who buy the BEST lots choose the lot and build from scratch. It makes little or no sense to build a home on a substandard lot vs waiting to see what the home looks like on that lot.

So if all of the best lots are gone…you are often better off buying a spec home or a newer resale home, than building on a substandard lot with no recourse to not “like” it once the home is put on it.

New Construction is not for everyone. If you can get the biggest and best lot in the neighborhood…go for it! The end result can be very rewarding.

New Case Strikes Down Release Provision in Rescission Form 51

This post is not legal advice. For legal advice, consult an attorney, not a blog.

Yesterday, Division I of the Washington State Court of Appeals (which handles appeals from King Co. north to Canada on the west side of the Cascades) handed down a decision that addresses the terms of the standard NWMLS Form 51 Rescission. This form is routinely used by agents to formally and definitively rescind one contract before a client enters into another. The Form, drafted by attorneys on behalf of the NWMLS, includes this rather self-serving provision:

RELEASE. The parties agree that the Agreement between them and all other agreements or undertakings between them in respect to the Property are hereby rescinded; and each releases the other and all real estate firms and brokers involved with this sale from any and all present or future liability thereunder and/or in connection with said sale, other than as set forth hereinafter, provided, that nothing herein shall be construed to terminate any existing agency relationships or agreements unless otherwise agreed in writing.

(Emphasis added.) There is no reason to include the release of the real estate firms and brokers involved in the transaction from any liability, other than of course to protect the real estate firms and brokers.

In the case of Hanks v. Grace and RE/MAX, the agent represented both the buyer and the seller. Notwithstanding the instructions from the seller to not present an offer contingent on the sale of the buyer’s home, the agent presented such an offer (albeit one without the correct addendum, the Form 22B, which specifically renders the contract so contingent; instead, buyer simply submitted an offer subject to a 22A Financing Contingency with the “contingent on sale of buyer’s home” box checked). Not realizing that the offer was contingent on the sale of the buyer’s home, seller accepted the offer. This happened in March of 2008.

Three months later, buyers having not sold their house — did I mention this was all happening in the spring of 2008? — the agent decided for reasons known only by the agent to buy the home himself. So they needed to formally rescind the prior PSA, and naturally the agent selected the Form 51 for this purpose.

Needless to say, the agent couldn’t complete the purchase either. Seller eventually sold the home two years later for $158k less than the amount of the original offer. When seller realized that the agent had attempted to get over on her by concealing the contingent nature of the original offer, seller retained counsel. Further investigation revealed a second interested buyer who expressed an interest in making a full price, non-contingent offer at the same time as the original buyers. But the listing agent never so informed the seller.

Following a jury trial on buyer’s claim of negligence against the agent, the agent was found liable and the seller was awarded $195.5k in economic losses and another $170.5k in non-economic (i.e. pain and suffering) damages.

Before the case got to trial, attorney for seller convinced the trial court that the release provision of the Form 51 was void and unenforceable as a violation of public policy. Otherwise, by having seller sign the rescission necessary for a new contract, the agent would have shielded himself from all liability to the seller arising out of his negligent representation. In a nutshell, the law should not — and now does not — tolerate an agent shielding himself unfairly in this fashion. It is not consistent with good public policy.

And the Court of Appeals agreed. It found that the release violates public policy, in part given the role of real estate agents in the purchase and sale of property.

Given this decision, any future attempt by a real estate agent to avail themselves of this shield from liability is likely to be unsuccessful. It remains to be seen if the NWMLS will simply revise the document to elimate the objectionable term. Certainly doing so is consistent with the role agents are supposed to fill and which they regularly hold themselves out as fulfilling, the protection of their client. That protection should not be sacrificed for the self-interest of the broker. Its simply not good public policy.

“NOT Grandma’s House” Open Sunday – Noon to 3

8532 16th AVE NW Seattle – Ballard or Crown Hill?

In City and not “Grandma’s House”.

Recently there have been a lot of complaints in various forums and on blogs that the homes they are viewing in the prime neighborhoods of Seattle are all “Grandma Houses”. I’ve seen this phrase used both in The Redfin Forum and on Seattle Bubble. People are asking what is meant by “Grandma’s House”.

Sunday from Noon to 3 p.m I will be at this home, which is clearly NOT “Grandma’s House”. It may be a “McMansion”…but it is NOT “Grandma’s House”. 🙂

P1060404

Hope to see you Sunday.

If you ARE looking for “Grandma’s House”…I will be listing one of those in Maple Leaf near the end of April for about $120,000 less than this one.

Low Inventory? Be Pro-Active

Low Inventory continues to be an issue for many. This weekend there were so many people at one of the houses I was showing, buyers with their agents, that it looked like an Open House. A few days before agents and buyers were standing in line out front (different house) waiting to “show”.

This is often the case with new listings this time of year, and just because there is a crowd in the first few days does not mean the house will sell in short order. The first one I mentioned did have 5 offers by late afternoon, but the 2nd is still Active with no offers.

One of the ways to be pro-active about inventory is to identify what you want in advance. If you have seen many houses over the last 6 months to a year and know which neighborhoods you want to live in, you can contact owners to find the one or two who are planning to list their homes in the next several weeks. It could give you a leg up.

I have a client who wants to spend about $400,000 for a house in X area. The best homes at that price are in X neighborhood. Only about 50% of the homes in that neighborhood fall at that price. You should not contact ALL of the owners in that neighborhod. Rather sort by square footage and assessed value.

1) If you know the minimum size of home you want is 2,200 sf, then first eliminate all of the small homes from the list using the tax records.

2) If you know you want to spend no more than $400,000 to $450,000, and all of the recent sales in the neighborhood have been at roughly 1.13 X Assessed Value (which is about the “going rate” right now for good areas and homes) you can next sort by Assessed Value. The lower valued homes you likely already ruled out based on square footage. So in the 2nd sort you are knocking off those that will sell for more than you want to spend. If 30% of the homes are assessed at more than $450,000, you can knock those off the “pro-active” list. Doesn’t mean one might not hit the market as a short sale or REO listing. Just means they are not the “target” for pro-active contact.

Now you have a nice list of 50% of the homes in the neighborhood that should be large enough for you, and should sell at the price you want to spend. Odds are maybe at least one or two of those are thinking about selling this Spring, and will be happy to not have to worry about whether or not it will sell. They may receive your letter and be very happy to have a ready, willing and able buyer without having to list their home.

I am not saying that is the best way for a seller to approach selling their home…but for a buyer who is fed up with the waiting game, only to find 5 offers when a suitable house comes on market, this is not a bad way to jump to the front of the line.

Being Pro-Active vs Reactive also feels like you are doing something to reach your objectives, and can be a very rewarding strategy.

An Improving Seattle Real Estate Market in Three Charts

We dug into the numbers on the Estately blog to see if we could make sense of the Seattle real estate crunch we’ve been hearing so much about. The summary: the market looks healthier this year than in the previous two and, in the first week of March, a whopping 1 in 3 homes sold for above the original listing price. We are looking at homes (not condos or townhomes) in Seattle and King County (excluding Seattle).

The numbers paint the picture of a recovering market:

1. Increasing numbers of homes sold, year-over-year…

Homes Sold

2. … And less homes for sale…

Active Listings

3. … means dramatically lower inventory:

Months of Inventory

More on the Estately blog

These stats not compiled, verified or published by The Northwest Multiple Listing Service

Funny MLS Photo

Maybe it’s just me, but this had me laughing so hard I was crying. I was looking at homes online with my daughter, Tina, and this was one of the photos. I expected photo #15 to be a picture of the yard…and instead saw THIS!

supra

The caption inside the photo was part of the mls photo, exclamation point too. I didn’t add it. I guess some agents don’t realize that these photos convey as advertising on the Public Sites. 🙂

Is it too late to see that house?

A couple of weeks ago I received a call at 8:45 p.m. from a client to see a home. We were making an offer on the home and she wanted to show it to a friend.

Raises the question…even if the home is vacant, how late is too late to see a home that is on market? At that time the answer was 9 p.m. After this Sunday…Daylight Savings Time…the answer changes to 10 p.m.!

Before 8 am. is too early and after 10 p.m. is too late…even for vacant homes.

You can stay later than that…but you must enter by that time.

No Fooling: FHA MI going up again April 1

HUD has announced that effective on FHA case numbers obtained on or after April 1, 2012, FHA mortgage insurance premiums will be higher.

Upfront Mortgage Insurance Premium (UFMIP) will be increased on all FHA loans from 1.00% of the loan amount to 1.75%. Most borrowers opt to add this cost to their loan amounts as FHA will allow this cost to be financed.  Homeowners who elect to take advantage of an FHA streamlined refi may receive a portion of the upfront mortgage insurance premium credited back towards the refi closing cost.

UPDATE:  FHA will have REDUCED mortgage insurance premiums for streamlined refi’s IF the FHA mortgage that is being refinanced was “endorsed” by HUD prior to June 1, 2009.  Click here for more info.

The annual mortgage insurance premium will be increasing an additional 0.10% and for those borrowers with a “high balance” FHA loan will see their premiums go up an additional 0.25% (for a total increase of 0.35%) on June 1, 2012.

The annual mortgage insurance premium is part of an FHA borrower’s monthly mortgage payment and remains with the loan for a minimum of 60 payments AND 78% loan to value is reached.

On a $417,000 loan amount, the difference in payment is around $48 and on a high balance $567,500 loan amount, the difference in payment is about $184.

If you are considering an FHA mortgage, whether it’s for a refinance or purchase, and you have the ability to start the loan process in March and obtain your FHA case number, I highly recommend contacting a local mortgage professional (I’m licensed only for homes located in Washington state) and see what your options are.

UPDATE MARCH 6, 2012:  HUD has just announced that there will be reduced mortgage insurance rates for FHA streamlined refinances where the FHA loan that is being refi’d was originated prior to June 1, 2009.  A mortgagee letter will follow with more details.

2012 More Homes SOLD = Fewer “for sale”

Lots of talk about Low Inventory since Jan 1 2012. Most suggesting that there are fewer sellers who want to sell, or are able to sell. I’ve yet to see anyone point to the obvious conclusion…that fewer are “For Sale” because more “Have Sold”.

Looking at the 1st 6 weeks of 2012…yes inventory is much lower than 2009, but then 79% more homes have sold in the first 6 weeks of 2012 than in the same period of 2009. Result? Fewer are For Sale becasue 79% more have Sold.

graph (25)

Given the Tax Credit boosted the number of sales from 1,114 in 2009 to 1,669 for the same period in 2010 , to be riding 19% higher than 2010 without a Tax Credit is pretty significant.

graph (26)

When you strike a number for Standing Inventory at the end of a month and say it is “low”…remember to add back all the properties that have sold during the month.

Often fewer are For Sale…because someone else bought them.

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King County – All Residential Property – Stats not compiled, verified or published by The Northwest Multiple Listing Service.