Over List, December

The total number of December sales is up to 86, and there’s a chance it might get to 100 but it will probably take another month before all the late-reporters check in. But we saw that 12 buyers were willing to pay $100,000+ over list , and the 34% is a nice pop for what should have been a very quiet December!

NSDCC Average and Median Prices by Month

The lousy way we measure pricing makes it look softer than it has been over the last few months, but compared to last December, it’s virtually identical. Chalk it up to cheaper houses selling in December!

Aviara Point Estate!

Here is our first listing of 2024!

7180 Aviara Drive, Carlsbad

5 br/4.5 ba, 4,710sf

YB: 1997

0.26-acre lot

LP = $3,500,000

Are you searching for a sensational luxury home in Carlsbad’s premier gated community, Aviara Point? This exceptional contemporary estate features newer hardwood floors, high ceilings, solar with Tesla batteries, a dazzling white & stainless kitchen, four generously-sized bedrooms up, and a bedroom/full bath ensuite downstairs plus den with french doors that open onto the courtyard with fountain. The warm, comfy feeling is enriched by windows everywhere that bring in the sunshine plus ocean, lagoon, and golf views too! Some of the homes on the street are multi-level and have stairs everywhere – the only staircase here is between the 1st and 2nd floors. Last year, two Aviara Point homes closed for $4,000,000+ and another one down the hill is in escrow for $3,850,000 (off-market) – extra equity is built in! This is a tremendous value for those who aspire to the heights – check it out!

Open house Wednesday 10:30 – 1:00 (agent preview, public is welcome)and Saturday 12-3pm!

https://www.compass.com/app/listing/7180-aviara-drive-carlsbad-ca-92011/1484911523312510961

Inventory Watch

There were 50 new listings in the first seven days of last year.

This year, there have been 43 new listings in the first week, but there are late-reporters and those agents who input a new listing later in the month but use the contract date from weeks earlier. It’s not a smart move due to a glitch in the MLS which uses the contract date, not the actual days on the market, when other agents are searching for listings from the last seven days, etc. causing them to miss new listings.

Based on both reasons, the final total for the first seven days will probably be 60-ish, which means we’re off to a good start for those of us who are hoping for additional inventory!

Here are the guesses for the total number of January, 2024 listings submitted so far on the contest for Padres tickets (last January’s total was 205). You are welcome to add or revise your guess in the comment section up to January 15th:

Contest to Guess the Total Number of NSDCC January Listings

142 Anne M

157 Skip

160 doughboy

170 Dale

174 SurfRider

176 LifeIsRadInCbad

180 Kingside

188 Stephanie R.

189 Chris

190 Tom

192 Sara G.

200 Curtis

208 Rob Dawg

210 Bode

213 Shadash

217 Nick

222 Majeed

223 Joe

The market has fired up quickly – there were lots of people at open houses over the weekend and a new listing that interested my buyers already had three offers on it since hitting the market last week. Interestingly, I went by three hot new listings that were NOT doing open house. Get Good Help!

(more…)

Prop 19 Results

Prop. 19 allows homeowners 55 and older, the severely disabled, or the victims of a wildfire to move their lower Prop. 13 tax base up to three times to anywhere in California.

Before the law was enacted in 2021, homeowners only got one base tax transfer and it only worked if the new home was of equal or lesser value. Also, only a handful of counties at the time allowed the tax transfer. Today, owners can buy up with the price differential added to their property tax rate.

Here’s an abbreviated version of one recent case:

“For my wife and I, Prop. 19’s relief for retirees who want or need to change residences was a godsend,” Bruce said. “When we retired, we moved into a west Torrance neighborhood (in 2014) from a Redondo Beach townhouse. We thought it would be the last one we would ever move to. We were wrong.”

Bruce explained that shortly after they moved into the townhouse, local parents found an elementary school access point by the Steele’s home, which became flooded with traffic twice a day during the week. His neighborhood, Bruce said, became a cut-through street “subjecting us to rude and dangerous drivers.”

When Prop 19. was enacted, the Steeles were able to sell their Torrance townhome and buy a home in Rancho Palos Verdes, for which they paid $1.9 million. They bought the townhouse in Torrance for $950,000 and sold it in April 2021 for $1,660,000.

“With the help of Prop. 19 and the sale of some Oregon property, it did not create a property tax obstacle to our move,” Bruce said. “Otherwise, we might have had to move to a less desirable location or leave California.” He noted their townhouse was bought by a young family with children.

So far, thousands of homeowners age 55 and older in Southern California have taken advantage of Prop. 19’s tax-transfer benefit since the law was enacted.

More than 2,400 homeowners in Los Angeles County have been assessed and granted a tax transfer, according to Stephen Whitmore, public information officer at the county’s Office of the Assessor. There are 400 pending with the appraisal team now, he said.

The assessor’s office receives about 100 new transfer requests per month, Whitmore told me.

Orange County’s total transfers to date are approximately 4,520 with about 200 new transfer requests each month, said Neal Shah at the Orange County Assessor’s Office. The office has a backlog of 91 transfers.

In Riverside County, transfers total 2,009 with an average of 80 new monthly transfer requests, according to Sean Downs, chief appraiser at Riverside County Assessor-Clerk-Recorder. San Bernardino County officials could not provide any data by press time.

The above transfer data, by the way, excludes grandparent or parent/child transfers eligible under Prop. 19.

There are a few distinctions regarding the tax transfer. Homebuyers must file for the tax exemption in the first year of a new purchase — it’s not automatic. You have up to three years to file the base year transfer papers with your county assessor. The good news? There is no price cap with respect to the new home compared with the former home’s value.

If you are buying down in value “or equal or lesser value,” then the original home’s factored base year value may be transferred to the replacement home without any value adjustment.

You also can buy your up-leg residence first and then sell your former primary residence. Or, you can sell your departing residence first and then buy your up-leg home, so long as either of these is accomplished within a two-year window.

Here’s another example: A homeowner sells their Laguna Niguel home for $1 million with a factored base value of $500,000. Within the first year of the sale, the former Laguna Niguel resident buys a Newport Beach home for $2 million.

Here is the math: $1,000,000 x 105% = $1,050,000 (if the replacement residence is bought in year two, then you factor 110%). Take the full cash value of the replacement home of $2 million minus the adjusted cash value of the original property or $1,050,000. The difference is $950,000. Now add the $950,000 difference to the base value of $500,000. Your new property tax base is $1,450,000. That’s not bad when you consider the homeowner could have been paying property taxes on a $2 million home. So, thank you Prop. 19.

Whitemore also noted that if a senior over the age of 55 receives a property tax benefit due to Prop. 19 and then later moves out but continues to own the property, then that home will continue to enjoy Prop. 13 protections.

The California State Board of Equalization has a wealth of information at boe.ca.gov/prop19. You also can contact your county assessor’s office to clarify any questions.

https://www.dailynews.com/2023/06/01/prop-19-s-property-tax-transfer-a-godsend-for-southern-california-seniors/

Home Sellers Disclosing Repairs

From our broker of record:

Q. The seller told me that when he bought the property seven years ago there were drainage, soils and foundation issues.  He said he has fixed everything and there have been no issues or problems during his ownership. He said because he fixed everything there is nothing to disclose to a buyer.  Is that correct?

A. No. Past defects, even if repaired by the seller or others, are to be disclosed. Not only that the seller should provide all relevant information regarding the repairs to any prospective buyer but also any improvements or modifications. The information would include but not limited to the person(s) who performed the repairs (i) the property owner (ii) a licensed contractor (iii) an unlicensed tradesman (iv)all paperwork related to the repairs/improvements/modifications to the property.

In addition, the new “Flipper Law (AB 968)” which will become law July 1, 2024, means a seller of a residential one-to-four property who accepts an offer within 18 months from the date when title was transferred must make the following disclosures: 1) The seller must disclose repairs and renovations when performed by a contractor with whom the seller entered into contract; 2) the name of each contractor and their contact information; and 3) any permits obtained (or if not obtained, the contact information of the third party who can provide the permits). It happens regularly that sellers do improvements without obtaining proper permits, so double-check at the city or county to verify.

Net Listing

Sellers can decide their price in the beginning, and I’ll take the rest:

A net listing is used only with sellers, not buyers. It is structured as either an open or an exclusive type of listing. The net listing is distinguishable from all other listing arrangements due to the way a broker’s compensation is calculated.

In a net listing, the broker’s fee is not based on a percentage of the selling price.

Instead, the seller’s net sales price (excluding broker fees and closing costs) to be received by the seller on closing is stated in the listing agreement. The broker’s fee equals whatever amount the buyer pays in excess of the seller’s net figure and closing costs.

However, the broker discloses to the seller the full sales price paid by the buyer and the amount of the broker’s residual fee before the seller accepts an offer on a net listing. Failure to disclose to the client the benefits the broker receives on any transaction leads to loss of the entire fee. [Calif. Business and Professions Code §10176(g)]

For example, if the seller enters into a net listing agreement with a broker for a net sales price of $500,000, the broker will not receive a fee if the seller accepts an offer selling the property for $500,000 or less.

On the other hand, if the property sells for $575,000, the broker’s fee is $75,000, minus the seller’s other transaction costs.

Net listings tend to be unpopular with the Department of Real Estate (DRE) and consumer protection organizations, and have been outlawed in some states, but not California.

Net listings are particularly prone to claims from buyers and sellers that the broker has been involved in misrepresentations and unfair dealings. These claims are generally based on an improper valuation of the property at the time of the listing or a failure to disclose the fee received by the broker when the property sells.

If the seller thinks the broker’s fee is excessive, the seller is likely to complain they were improperly advised about the property’s fair market value (FMV) when employing the broker.

Thus, net listings are used sparingly, if at all. If a net listing is used, sale documentation is to include complete disclosures stating:

  • the property’s value;
  • the price paid by a buyer; and
  • the resulting fee amount.
Link to Article

Jim’s Buyers

Some might be thinking, “Yeah Jim, you’re such a big talker, what do you got?”

I had three buyer sales in the same time period. Here’s how they turned out:

My first job is to gather information to help determine my chances of making a deal. It starts with the listing agent – what can I expect from them? What is their level of expertise? In this case, it was her first listing in three years and the subject property was her grandparents’ house – and her mom was the trustee.

Oh boy.

Because I have experience in the neighborhood, I knew there were more than one neighbor nearby with deep pockets. The south end of Los Robles is the best block in Terramar after the oceanfront properties because it’s not heavily traveled, and if you can see past the neighbor behind, you have a straight shot to the ocean over the state beach which is only 200 feet away. Sales in this stretch are rare, but I’ve had three of them and I knew it was going to be hot. The last sale on this block was in 2019, which was light years ago.

In addition, my listing on El Arbol, priced at $2,499,000, was marked ‘in escrow’ in the MLS when this new listing hit the market. Even though it is only one block east, El Arbol is considered an inferior location because it’s down the hill so there isn’t any ocean-view potential and the railroad tracks are closer. The remodeling efforts on the street are far less than on Los Robles.

So when the new listing went live, their $2,150,000 list price looked very attractive.

The listing agent conducted an open house on the first weekend, which allowed my buyers to build some rapport with her too – which usually helps the cause, especially with the agents who want to feel good. We all knew this was a huge deal money-wise, but more importantly, it was going to be very personal too.

My common advice – wait as long as possible to make an offer. We waited until Monday to make a full-price offer, because the agent told me there was the usual clamoring from other agents, buyers, and neighbors early on, and we figured that nothing was going to happen over the weekend.

My listing was going to close a week later for $2,440,000, so I wanted to get this one into escrow!

The listing agent kicked around our full-price offer for two days and kept telling me that there were other offers, and threats of more pouring in. But I gently convinced her that we would be the best candidates, and guided her to make the right decision. As what usually happens, the agent got so caught up in hammering us on minor details that they forget the big picture.

They countered our offer only for three weeks of free rent and removed the requested termite clearance. Boldly, we counter for a shorter rentback period but I had already had verbal agreement from the listing agent that it would be acceptable.

Back in the day, I used to be more pushy, but it’s such a seller’s market and agents get offended so easily that the softer make-a-friend approach has been more effective – which I learned from Donna! She then took over and did a great job in gathering evidence and convinced them to give us a credit for $14,500 in lieu of repairs even though the agent said she had a back-up offer from a neighbor.

We could have panicked and thrown more money at them early on, but it wouldn’t have done any good because they weren’t ready to deal yet. The timing is crucial, and you have to know when to make the deal – and my constant good-natured rapport building made a difference along the way.

We closed on time for full price.

Since then, my listing on El Arbol did close successfully for $2,440,000, I listed the vacant lot on Carlsbad Blvd. for $1,999,000 and it went pending in 11 days, and then this new listing of a smaller and much more inferior property (I’ve seen it before) on El Arbol popped up yesterday, priced at $2,249,999.

I think my buyers did pretty good!

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The next sale was the ultimate example of taking advantage of the camaraderie between agents.

The only thing harder to sell than a realtor’s own home is the long-time residence of an appraiser – because they really know what’s it’s worth, dang it!  In this case, the homeowner had been an appraiser for 40 years. Could anyone convince him that his price isn’t right?

They listed this 80s-built single level for $1,097,000, and while the kitchen and baths had been redone, it was a while back and they probably need it again. It is on a half-acre lot with fruit trees, it had vinyl windows and a smattering of other minor improvements. But the roof was shot, and we knew it would be a project to get it up to my buyers’ satisfaction.

We offered $1,000,000.

We really wanted to offer less than that, but we agreed that anything with a 9-handle would surely offend the appraiser-owner. Let’s offer an even $1 million and hope to stick to it as close as possible.

I had sold a previous listing with this agent a couple of years ago, and she remembered us fondly. We discussed her family, her recent sales, her thoughts on this house, etc. Basically, I let her air it out for 15-20 minutes and what woman doesn’t like that?

We both agreed that the house needed work, and any other buyers would make her life miserable. We made our offer on December 11th, and I promised to close by the end of the month (house was vacant).

She told the sellers to sign my offer, and they did.

Then Donna went to work and got another $30,000 out of them for repairs and credits.  We closed for $1,000,000 on the last day of the year, though it is still marked pending here.

Listing agents want to have smooth sailing during the escrow period, and that’s taken into account when they anoint the winner accept an offer. Because we had such a good experience previously, the listing agent want to do business with us again – and she gave us a good deal too.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

My buyers of this newer house in University City had been looking for years. They didn’t have any kids when I first met them, and now they have two!

Though it was listed with a Compass agent, I knew not to expect ANY love just because I’m a Compass agent too (I think they should be some Compass love, but that’s another story). Of course, he was happy to tell me about all the clamoring there too, and that he had four offers.

I ask listing agents, “What will it take to buy this house today?” and it’s amazing what you will hear. Usually it’s a bunch of stuttering vague stuff, but in this case, he told me a very specific fact that made me think that I had a leg up on the competition – and it had nothing to do with Compass.

It was listed for $2,050,000, and we offered $2,000,000 financed….and they took it without countering.

Then Donna got an additional $19,000 in repairs and credits. It is closing today.

P.S. The value was tough to comp because the UC houses are typically so much older and goofy inside. This house was completely torn down and rebuilt in 2005, and compared to what 3,426sf will cost you in Carmel Valley, we thought it was a heck of a deal for a newer home at our sold price of $2,000,000, or $584/sf – even compared to the UC homes:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I’m the first one to tell you how hard it is being a buyer’s agent today – and I cover it regularly here. But I’m still going to fight like heck for my buyers, and get them the best deal possible.

Plus, I come from the school that is is better to NOT buy, then to overpay.  I think that thought has drifted away and now it’s fine if buyers want to pay too much because it’s only money.

But we’re going to get you the best deal we can!

Frustration Fee

It’s amazing how resilient the local market has been, and how willing buyers are to paying over the list price.

I don’t have any evidence to suggest that the transparency has improved (most listing agents refuse to say anything about existing offers, if any) and usually there aren’t any recent sales to indicate that today’s listings are underpriced.

Yet in late-2023, buyers were still willing to pay substantially above list! Here are a few examples:

Pin It on Pinterest