San Diego’s Housing Crisis

We are in the midst of a real housing crisis.

The rapidly-increasing home prices are exacerbating the problem too – especially for existing homeowners who had hoped to move up. If you paid $500,000 for your house and now it’s worth $1,000,000, you need to spend $1,500,000 on the upgrade just to make it worth it. But the gap isn’t between $1.0 and $1.5, it’s the whopping million dollars between the previously-comfortable $500,000 and the new price of $1,500,000. Even if you are over 55 and can take your old property taxes with you, the new mortgage amount will be double the previous amount AND last for another 30 years. It’s why more and more of the current homeowners are staying put, which is limiting the inventory now, and in the future.

It’s why I said on the TV show that the current market insanity is likely to continue.

With a finite number of homes and 1,700 new millionaires being created every day in America (we are now up to 18,000,000 millionaires!), the affluent have commandeered the local market.  Apparently, they don’t mind paying these prices, and will throw in another $100,000 or so to win the home, if needed.

We hear regular calls for government to ease up on zoning requirements, but more action is needed because we are out of land.  Bill Davidson, the most prolific home builder in the history of San Diego County, talked about the shortage back in 2012:

On the TV show, I suggested redeveloping the MCAS Miramar or getting the City of Carlsbad to free up some of the dedicated open space to create larger opportunities for builders, because we need thousands of more homes, not dozens, to balance the market and slow down the pricing.

But those ideas have no chance of happening.

It would take a monumental shift in priorities for our society to consider those. If the government were to propose redevelopment on a grand scale, it would take dozens of years to come to fruition. The Kearny Mesa project is a good example, but it will only add 26,000 homes over the next 30 years which probably won’t be enough to slow down pricing – and no single-family residences are planned there.

Any other new projects will face intense opposition.

The NAVWAR site off the I-5 freeway would seem like an ideal redevelopment project, and it could provide housing right where it’s needed. But the opposition is fierce – consider this attorney’s opinion:

https://timesofsandiego.com/opinion/2021/08/07/massive-redevelopment-of-navy-property-threatens-san-diegos-future/

Unless we have a game-changing shift in our community’s mindset about redeveloping the infill sites, the hordes of affluent people will dominate the home-buying – and keep pricing at these levels or higher.

Oh but wait Jim, how about those boomers – half of which haven’t retired yet?  Will the boomers who are still working be more likely to need the dough, AND be young enough to endure a move out-of-state?

Maybe, but their kids and grandkids will be lined up to inherit the house, and with that being the only feasible way for them to stay in San Diego, the boomers will find a way to age-in-place instead.

Inventory Watch

The market is looking fairly steady above, with no dramatic movements over the last couple of weeks.

The variant should shut down the enthusiasm some day soon, which will probably cause the market to come back more swiftly once it clears. Maybe we’ll have a fourth quarter surge if buyers want to get a jump on the spring selling season?

Are you thinking of buying a house under $1,000,000 between La Jolla and Carlsbad, which is an area of 300,000+ people?  Today, you have two to choose from!

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Re-Engaging After Buyer’s Remorse

I saw this happen three times this week, and it’s probably a sign of the times.

A listing goes pending for a day or two, then comes back on the market at a higher price.

They are most likely the bidding wars that failed.  The seller/listing agent took what they thought was the best offer, but then the winners had second thoughts and/or buyers’ remorse set in – and they cancelled.

Because one buyer was willing to pay over list price in the heated moment of engagement, the seller/listing agent decides their offer price must be the market value and others should pay that much too, and they RAISE the list price when re-entering the market.

But nobody was willing to pay that price.

Most importantly, nobody was willing to pay that price when the urgency was at its peak during the first few days on the market.  The buyer enthusiasm is much lower the second time around.

There was one listing-agent story about receiving five offers, and taking the all-cash offer that was $25,000 over list with a 7-day escrow.  Then the buyers checked their calendar and found they couldn’t visit the property in-person during the seven days (they had seen it via FaceTime). So instead of working out an alternative, they just cancelled instead (they may not have liked that the sellers paid 23% less in February).

The listing agent went back to the four losers, but couldn’t get any of them to re-engage.

Part of the problem is how the listing agents treat the losers.

I was involved with one of the three. We looked at the home about halfway through the open house, and there was no names on the sign-in sheet.  I talked up the listing agent, but there was no sign of any interest in the property.

The next day we submitted a cash offer with 14-day escrow that was 3% under the list price. The LA said:

Received! Thank you. I will respond more once I’ve had time to review with sellers.

So there was still no indication that there is any other activity on the property.

A day and a half later, she sends this over:

So you know, we chose to only counter the top offers. We just accepted another offer less than 30 minutes ago, after getting the counters signed. We appreciate you taking the time to put in the cash offer, but for your own knowledge, it was so much lower than the other offers, the sellers didn’t even consider it.

Two days later, it comes back on the market with a $25,000 price hike.

Did she call me to re-engage? No. Did I call her? No – we had already bought something else.

I made bumping the price in the second round look easy here, but that was peak frenzy.  Today’s environment has cooled off, and and many, if not most, escrows are going to be somewhat shaky and nervous.  If they do fall apart, the reeling-in of another buyer is a skill that agents with 12 years experience or less have never had to develop (in both examples above, the homes are still for sale).

Get Good Help!

Good-Faith Deposit

It is a very rare occurrence where a buyer wants to cancel the sale after releasing all contingencies because they know they could potentially lose their deposit. Would they give up a five-figure or six-figure deposit easily, or fight it out with the seller? If they fight, then the property gets hung up in litigation and can’t be sold, and most sellers want to get on with the sale. Because in almost every case, the buyer will get his deposit back one way or another, should we just quit collecting them as part of the sale?

According to CAR – we don’t need a deposit to have a binding contract:

Q:  Must a buyer give a good faith deposit in a purchase agreement for there to be “consideration” to make it a binding contract?

A: No.  The buyer’s good faith deposit in a real estate purchase agreement has no legal significance. It is not required as consideration for the contract because the purchase agreement is a bilateral contract and the mutual promises of the parties serve as adequate consideration to make the contract binding and enforceable on both parties. (Bleecher v. Conte, 29 Cal. 3d 345, 350 (1981).)

Under the C.A.R. purchase agreements, if a contract is entered into and the buyer fails to make the good faith deposit as agreed to, the seller cannot simply cancel. Instead, the seller must go through the procedure of issuing a Notice to Buyer to Perform and giving the buyer adequate time to perform, and only then can the seller issue a cancellation.

“Commissions As Low As 2%”

Let’s discuss the TV ads that are running by this company:

https://idealagent.com/

Home sellers have a sneaky suspicion that they should hire a great agent, but they don’t want to pay 6%. These ads combine these two pain points beautifully, and offer to pair you with a Top 1% agent for only 2%!

Their fine print seems to back it up too:

*Our agents will list for 2% and offer the typical Buyer’s Agent commission in your market ranging from 2% to 3%. The average Buyer’s Agent commission nationwide is 2.5%. If a buyer calls on your house directly without an agent, our agents have agreed to do the entire transaction for only 2% total. Homes under $150,000 will have a minimum list side commission of $3,000.

Let’s get to the real truth. Several points:

  1. They say their service is FREE. But they are running national TV ads?  Who pays for those?  The realtors pay for those!  They have to give a split of their commission to the advertising company. Do you think the Top 1% of realtors are jumping at the chance to work for 2% and then give up 20% to 30% of that to the lead source?  No way.  They have enough other retail business that they don’t have to discount their commission.
  2. The commission is ‘pre-negotiated’, but that only means that the realtors have to offer 2% as one of the commission options.  Because the listing agent will also have a 6% commission option, they get paid LESS with the 2% plan.  Because the best agent-teams have buyer-agents who get a spiff too, the 2% option will only rarely get implemented – there’s not enough $$ to go around.  The home’s listing goes onto the MLS/open market, which means the chance of an outside agent selling the home is at least 90%, and because of the dis-incentive, it’s probably more like 98% chance of not being a 2% commission plan.
  3. The listing agent may normally offer a 5% commission plan.  But because he has to pay the 20% to 30% to the lead source, it will get passed on to the seller in the form of a 6% commission.
  4. Because of the seller’s zest to only pay the 2%, they will sign up after a spectacular listing presentation that doesn’t reveal the truth about the chances of the 2% commission being so unlikely.
  5. The sale will go smoothly, and the sellers will be on their merry way. If they happen to glance at their closing statement, they might notice that they paid 6% in the end, but hey, it’s over and they shrug it off.

There is one revelation of truth at the bottom of their website:

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