by Neil Kearney | Aug 30, 2016 | Boulder Real Estate
Vancouver British Columbia
How Involved Should Government Be In Real Estate Transactions?
What just happened in Vancouver
In mid July the British Colombia provincial government convened a special session and passed a 15% transfer tax for real estate transactions in the greater Vancouver area involving foreign buyers. The tax went into effect on August 2nd. The average price of a home in Vancouver is over $1 million so the tax inserted mid stream into the transaction was in most cases over $100,000. There was no grandfather clause and many transactions that were in process didn’t close. The ripple effect has been severe and sudden.
Let’s back up and discuss why the government felt the need to implement this new “out of the blue” tax in such a short time frame. Over the past year real estate prices have increased by over 30%. Much of this appreciation is due to foreign buyers paying cash for real estate as a safe harbor for money instead of their national banks. Most of the foreign buyers in the Vancouver area are Chinese. I talked with a local and he said that he lives in a nice neighborhood and there are quite a few homes that are owned by Chinese citizens and are sitting vacant. The yards are being maintained but nobody is moving in. The local government officials were seeing their citizens being priced out of the market and homes sitting vacant. In their mind something had to be done. And they did it.
Vancouver B.C. Skyline
Since the new transfer tax went into effect on August 2nd, the market in the Vancouver area has come to an abrupt halt. Many transactions that were in process were cancelled and many buyers and sellers, both foreign and local, have taken a wait and see approach. It has been reported that many Chinese buyers have moved on to other Canadian cities such as Toronto. For better or worse the strategy seems to have worked.
What does this have to do with Boulder?
So what does this have to do with Boulder? There is no transfer tax in the City and County of Boulder but there are a number of statutes and fees that have a similar effect. Connecting real estate to government programs can be an enticing and slippery slope. Here are a few of the programs that affect real estate and are already in place in Boulder.
- Permit Fees – Getting a building permit in the Boulder area (both City and County) takes time, persistence and a deep pocket book. The goal of the local government seems noble – to require that new building or major remodeling be done in a safe, energy efficient manner that is consistent with the area in which the house sits. However, the process has become onerous to the extent that it’s difficult for a homeowner to navigate the process without professional help. The high fees are really taxes that fund programs that the local government has deemed is best for all but should only be paid for by those who want to exercise their right to improve their property.
- Inclusionary Zoning – From the City of Boulder website “Inclusionary Housing (IH) requires that new residential development contribute at least 20% of the total units as permanently affordable housing. Options for meeting this requirement include providing the permanently affordable units on-site, dedicating off-site newly constructed or existing units as permanently affordable, dedicating vacant land for affordable unit development or making a cash contribution to the Affordable Housing Fund, in lieu providing affordable units (Cash-in-lieu). Regardless of size, all annexed parcels with residential unit development potential are subject to the requirements of IH.” So, while I agree that we need to promote affordable housing in our community, this regulation forces developers to make their profit on 80% of their project. Making the market rate housing that they sell more expensive.
- Green Points – From the City of Boulder website – “The Green Building and Green Points Program encourages the use of
British Columbia Float Plane Dock
sustainable remodeling and building methods and technologies to conserve energy, water and other natural resources. The Green Points Program applies to all new residential construction, and additions and remodels larger than 500 square feet. The purpose of the Green Points Program is to:
- help homeowners find the products and designs for building “green;”
- encourage Boulder homeowners to include cost-effective and sustainable remodeling and building methods that conserve fossil fuels, water and other natural resources;
- promote the recycling of construction materials and reduce solid waste; and
- promote better indoor air quality.”
In order to comply with the Green Points program homeowners and builders end up adding features to their homes that they didn’t necessarily want. More than once I have heard of people adding an electric car charging station to their home when they don’t have an electric car – just because they needed more “Green Points”.
- Smart Regs – Half of the housing stock in Boulder is made up of rentals. These rentals tend to not be improved upon as much as single family homes and tend to be held for longer periods of time by investors. Therefore, the measures included in the first three bullet points rarely came into play. So, a set of prescribed, required upgrades were designated for all rental properties in the city with a due date of December 31, 2018. Again from The City’s website “The SmartRegs ordinances update the City of Boulder Housing Code, Rental Licensing Code, and provide new baseline energy efficiency requirements for existing rental housing in Boulder. Improving energy efficiency in existing rental housing enhances tenant comfort and supports the community’s energy goals and climate commitment.”
- Septic Smart – This one is fairly straight forward. The county wants to maintain the quality of the water throughout the county and many of the septic systems are very old. So in order to mandate inspections they required that septic systems pass inspections and pay a small fee prior to property transfer. Not a big deal but another precedent of looking to real estate transactions to solve other problems.
Vancouver from a Kayak
The City and County governments have many plans on how to make our area a model community and it will clearly take money in order to make many of these plans come to reality. I’m afraid that Boulder may move past voter approved sales taxes for open space, and permit and use fees for builders to a more wide spread and lucrative real estate transfer tax. Colorado mountain communities such as Aspen and Vail charge a transfer tax and now it happened in Vancouver in just two weeks without a popular vote – Special session. During the summer when the government officials were supposed to be on vacation. Food for thought…
Note: I took the included photos on a trip to Vancouver last year. It was gorgeous! To enlarge the photo just click on the photo and then hit the “back” button on your browser to come back to the story.
by Neil Kearney | Feb 22, 2016 | For Buyers, General Real Estate Advice, Real Estate 101
During 2015 43% of all homes sold in the City of Boulder sold for more than asking price (see more context in my year end report) . Presumably most of these homes had multiple buyers making competing offers. So what does it take to be the winner of a multiple bid situation? Here are seven strategies for winning multiple offers. I liken these ideas to a set of arrows in a quiver.
- Price – The most effective way to win the hearts and minds of a seller is to give them the most money. In theory it’s easy give them more than anyone else. In practice, given limited information, it’s very difficult to know what others who are exactly in your position will do. On average in 2015, those homes that sold for a price over asking price sold for 4% above. The range is from just a few hundred dollars over to 20% over. Now that’s using a sharp and effective arrow!
- Escalation Clause – This could be a subheading under price but I think it’s worth giving it top billing. An escalation clause is a paragraph inserted in the contract which states; that the buyers agrees that if their offer isn’t high enough their offer will be automatically increased to beat any competing offers by $X,000 up to a cap price. Some sellers and their agents announce that they will not accept escalation clauses because they view them as a hedge (we are willing to go higher but only if we need to). For a buyer an escalation clause is a good way to state your intentions to the Seller without paying way more than you need to. If a buyer is going to use an escalation clause, I recommend that the contract price be strong as well. If you offer $10,000 lower than asking price but are willing to go up t0 $30,000 above if pushed the seller may not see this as earnest as an offer who offers $25,000 over the asking price right off the bat.
- Financing – Sellers want the most money with the smallest potential of the contract cancelling. It doesn’t do any good to get a great price and then not be able to close. As a buyer you can tie into this fear by making your financing as clean as possible. Cash is king. And it removes many contingencies as well. But if you don’t have cash you can do well by having your financing in order. Get pre-approved not just pre-qualified. Have your lender picked out. Choose a local lender. Make sure your lender is available to answer questions about you.
- Waive the Appraisal – Your lender will require an appraisal but if you are putting enough money down you can still waive the right to object to the appraisal. In a fast appreciating market the appraisal contingency is something sellers worry about and if the appraisal doesn’t match the price as explained in #1 above the transaction has a real chance of not closing. But as a buyer if you are putting enough money down (think at least 25%) you can talk to your lender and see if waiving the appraisal provision is a possibility.
- Inspection – Some buyers come in really strong during the negotiations and then try to re-negotiate during the inspection period. As an earnest buyer you can promise the seller that you will not negotiate after the inspection. To do this we add a clause to the contract that states that the buyer will take the property in as-is condition but that they still retain the right to terminate the contract if they find something big or unexpected during the inspection.
- Personal Letter – Earlier this year I had a listing that received three offers. The two best offers were nearly identical; same price, same escalation clause, closing date within a week of each other, local lenders with the same down payment. There was nothing in either of the contracts that was swaying the seller. The only difference was that one buyer sent with their offer a personal letter that introduced themselves and let the seller know how much they loved their home. Winner, winner chicken dinner!!
- Clean Contract – Your agent needs to do their part by writing a “clean” offer. This means that the contract is filled out correctly, all required paperwork is attached, all dates in the offer are reasonable and make sense, all negotiable payments like HOA transfer fee and title closing fee are at least split if not. Small things that cost a few hundred dollars can make all the difference when you are competing. Also, if you like working with your agent chances are that the listing agent likes working with them as well. This cooperation is essential and it’s a feather in your cap to work with an agent who has experience and is known as easy to work with. Working with an agent with a tag line of “The Enforcer” (this is made up) may be an indication that they may like to fight and win and not cooperate. When given a choice agents like to work with other cooperative agents.
Good luck out there. These multiple offer strategies have worked well for my buyers over the past couple of years. If you are looking for quality representation please let me know.
by Neil Kearney | Dec 2, 2014 |
Read More View the Article More Testimonials Looking for your special spot? Let me help, I know the way! Get Started With Selling Your Home Get Started With Buying A Home Providing Clarity, Perspective and Direction To Your Real Estate Transaction WELCOME! Thank you...
by Neil Kearney | May 23, 2014 | For Sellers, Real Estate 101, Uncategorized
Selling a home can seem like a daunting process. Especially if you haven’t done it before. There are many facets to the process and enlisting a good Realtor is a very important piece of the puzzle. I help people list their homes all the time and for many it’s their first time. Here is a detailed overview of the process of selling your home.
Preparation
There are three factors in which your home will be judged; location, condition and price. Location is fixed, after you purchase the property you can’t do much about it. An appropriate price can make up for deficiencies in the location and condition. Condition is what you, as a seller has most control over. The question you should be asking yourself as you prepare your house for the market is “how will my house compare with others in this neighborhood and price range?”. If your home compares well, you will be rewarded by your home appealing to more buyers and this will result in a quicker sale and more money. Your home needs to have finishes that appeal to buyers and be in really good showing condition. This article on when to upgrade may be of help to you as you consider some last minute upgrades to your home. Here are some tips on getting your home ready to sell. Your Realtor will be able to give you advice as to what needs to be done. Here is an article on the top 5 ways to maximize value that you may be interested in reading. Be sure to have the house ready for photos. The photos posted represent the initial showing for all potential buyers. If the house doesn’t look good in the photos many buyers won’t take a look in person.
Another part of the preparation process is to review and sign the listing paperwork prepared by your Realtor. Filling out a Sellers Property Disclosure is part of this process. In Colorado there is a standard form which helps in this process. My advice as you fill out this form is to be through and clear in your disclosure. Don’t leave the buyer asking for more information. If you indicated that you have had a past roof leak give all the information you have; when it happened and how it was fixed. In my experience, the more information on the disclosure, the more confidence the buyers have in the sellers and the transaction. This is also a good time to gather any documents that would supplement the disclosure. You will be asked for these in the buy/sell contract so it would be good to start gathering anything that is of material fact about the house (roof warranty, survey, past inspection, insurance claim, etc.)
Showings
In order for your house to sell it must make an emotional connection with a buyer. In order to make an emotional connection with a buyer your house must be a clean and inviting environment. They must be able to picture themselves living there. Here are a few tips for creating a successful showing.
- Leave it to the buyers – Many Sellers think that they can be of help during a showing, answering questions or giving a tour. This is what the buyers agent is for. Sellers get in the way and buyers tend to rush through and showing and are not able to talk openly about the home.
- Light and Bright – It’s best if the house shows brightly. This means that the blinds are open, interior doors are open and many of the lights are on.
- Neat and Clean – You only have one shot to make a first impression so make sure that the house looks as good as possible as you leave each morning.
- The Extra’s – You may want to go the extra mile and put out refreshments and play some tasteful music. These are not required and especially with the music should be done with discretion. When there is music being played I usually turn it down to see what noises the music is covering up.
Offer
If all of the above goes well you can expect an offer! In most cases the buyer has their own agent who represents them and will prepare and deliver the offer to your agent. Your agent will then meet with you to discuss the merits of the offer. Some of the criteria your agent will help you think through are: price, closing date, financing terms and qualification, inclusions, inspection dates and additional provisions.
If you are lucky enough to get multiple offers you will want to read this article. In a normal situation you will have one offer who will submit an offer that isn’t exactly what you are offering. Your agent will then help you formulate a negotiating strategy and prepare a counterproposal to send to the buyers. This process continues until the buyers and sellers reach an agreement or it doesn’t come together and you wait for a new buyer.
From Contract to Closing
Finding a buyer and agreeing to an acceptable price and terms with a buyer is one of the high points of a real estate transaction. No more daily showings, no more uncertainty, making plans for the future, it’s exciting stuff. But then comes the realization that you are only part way to the finish line. There is still work to be done. This is a checklist of items that the seller is responsible for between contract and closing.
Order Title Commitment – In Colorado the seller is responsible to providing the buyer a title insurance policy in conjunction with a real estate purchase. The first step of this process is ordering the title commitment. The listing agent usually handles this for the seller. This is also a great time to provide to the title officer the information on your existing loans which will need to be paid off at the closing.
Homeowners Association Documents – As per the Colorado approved real estate contract the seller will provide the buyer a copy of the relevant HOA documents. This shall include bylaws, rules and regulations, financial documents, minutes from the most recent meetings. Again, this is something that the listing agent usually tries to supply (at least I do) but sometimes the information is embedded in a members only website and the Realtor might need help with this.
Gather Paperwork – The buyer will want to have any relevant documentation regarding the home. In conjunction with the disclosure requirements the seller must supply the buyer any prior inspections or reports that give insight to the condition of the home. This would also be a good time to gather any manuals and warranties and set them aside before your packing gets into full gear.
Prepare for Inspection – Just because most of the showing activity has subsided it doesn’t mean that you are off the hook for keeping the home looking good. I would argue that the inspection is your most important showing and the house should be prepared as well as possible. In addition to the general cleanliness here are a few tips to help the inspection. Replace the furnace filter and clean the humidifier filter if you have one. Move boxes and or furniture away from access points for plumbing, heating and electrical. It is common that a buyer will perform a radon test and the protocol for a radon test is that the house will be closed up for 12 hours prior to closing as well as 48 hours throughout the test. However, it is a really good idea to “air out” the lowest level of the home prior to the closed house conditions.
Make Your Arrangements – Start making arrangements for moving, storage, packing and cleaning. Consult with your Realtor so that you are sure that you understand the timing of when you need to be out and cleaned. After the inspection it is also a good idea to contact the utility companies to let them know about an upcoming transfer in service. Once the deal is rock solid, put in your change of address request to the postal service.
Inspection Items – Once the inspection has been done and the agreements surrounding the inspection has been made, some work will need to be done. My advice here is to get the work done as soon as possible, don’t cut corners and follow the letter of the agreement to a “t”. The listing agent is there to help you get this work done if you need help.
Clean and Closing – The days surrounding closing will be busy days. You will need to pack, clean and supervise work maybe at two locations. My advice regarding how you leave the home is based on two things. Look at the contract and make sure you are doing the minimum required and then consult the Golden Rule. How would you really like a home to be left for you? When the house is really left in good shape and the buyers feel that they are being treated well, the closing is much easier for all involved.
Costs
Many of the traditional closing costs like appraisal, discount points, inspection fees are handled by the buyer but here are the costs that the seller is responsible for.
Commissions – The commission fee that you agree to with your agent when you sign the listing papers includes fees for both the listing agent and buyers agent.
Title Insurance – Sellers in Colorado customarily pay for the title insurance policy that insures that the property is transferred free and clear. The fees vary on sales price but a typical fee for a $400,000 sale is around $1,450.
Paying off and Settling up – At closing the title company will make sure that all of the financial obligations of the seller regarding the house are settled. This means paying off any loans or liens and prorating the taxes (don’t forget they are paid in arrears) and HOA fees.
This list is based on my experience and is from the sellers perspective for a sale in Colorado. If you hire a good listing agent, many of these items will happen seamlessly and you will be left to focus on getting your stuff packed and ready to go. I have been a Realtor based in Boulder Colorado since 1991 and I love doing those small things that make it easier for you. When you are ready to list, give me a call – Neil Kearney 303-818-4055
by Neil Kearney | Apr 2, 2013 | For Sellers, General Real Estate Advice, Real Estate 101, Uncategorized
Most homeowners throughout the United States are having a collective sigh of relief. The home sales market is recovering and prices are rebounding. Between good news on the home front and a strong bull stock market, many people have a positive outlook on their personal finances. This is called the wealth effect and the result is a loosening of the household wallet.
I don’t sell cars, appliances or stocks so I will comment on what I know and work with every day. In a recent post I commented on the best practices of the home buyer in a hot real estate market. Today I’m going to share my ideas on how to be a smart home seller in a sellers market.
Price it Right
In the Boulder area real estate market we are seeing very low inventory and high demand. This causes a shortage of homes and results in smart sellers getting multiple offers and selling their homes for more than they thought they might.
But this isn’t happening to all sellers. Here is a scenario I’m seeing a lot right now – Mr. and Mrs. Seller recognize that the market conditions favor them so they decide to price their home 10 – 20% higher than what the recent sales in the neighborhood show. Buyers come out to see the home in great numbers over the first week and the general sentiment is that the house would be acceptable but it’s not a house they want to break the neighborhood record on and they move on. The Sellers recognize a few weeks later that they are not going to get their “dream price” so they reduce it by 5%. Still too high for the market but by this time the market wave of activity for a new listing has passed and they are chasing.
A smart seller in this market looks at the recent sales and the competition with their Realtor and decides on a fair market value. They recognize that the market will bear a good price but they know that the house must appraise and be in good condition. If it is listed at a reasonable price near market value and in good condition there is a good chance there will be multiple offers.
Take Advantage of the First Wave
As I mentioned above there is a timeline for new listings. In basic terms here is how it works and why it is important.
At any one time there are (hopefully) many buyers who are in the market for homes in any given area or price range. In a market with low inventory they soon sift through the current listings (either in person or online) and decide that they are not willing to buy any of the current homes on the market. So they focus on what is coming on the market. Here is where a good Realtor is invaluable. This buyer cannot wait for an open house or wait for the Sunday paper. Buyers are trolling online at all times. I have automatic searches sending results to hot buyers three times a day. So when a new listing hits the market buyers flock to see if this is the “one”. If it is they want to be first. The current buyers waiting for new listings are the first wave and right now it is a strong wave that lasts 3-4 days and comes in strong. In this market it is not uncommon to have 15 showings within the first four days. These are the most likely buyers.
If a home lasts through the first wave without an offer you know something is off (price, condition, location). After the first wave passes you, as a seller, are counting on people who are new buyers and those who were not available to see the property over the first days. This is a smaller pool. You are in the backwash.
Multiple Offers
If you have priced the home correctly the hope is to get multiple offers on your home. This puts the seller in a advantageous position and with guidance from their Realtor, they can compare the merits of multiple offers and choose the best one. I find it’s best to give all potential buyers in a multiple offer situation equal information. For me, that means each offering party knows when the offers will be considered and how many offers they are competing against. As a sellers agent I encourage buyers to bring their highest and best offers and give everyone a chance to revise their offers if they choose to do so. I then go through each offer with the seller and let them decide which offer gives them the best chance to close for the most money.
Get a Backup Offer
There are many reasons that a house that is under contract doesn’t close. Here are a few:
- Buyers Remorse – This is especially common when the buyer feels pressure to make a quick offer and then feels that they have paid too much after beating out multiple bids.
- Inspection – When there is time pressure to submit an offer there is not time to look at the home carefully or to show family members. This makes getting through the inspection especially important.
- Appraisal – Just because a buyer is willing to pay a certain amount for a home doesn’t mean that the appraiser or the bank will agree. If the appraisal comes in low and the buyer doesn’t have additional funds available to mitigate the banks risk the contract will terminate unless the seller is willing to re-negotiate. And if there were multiple offers, it is a good chance that the sellers will not re-negotiate.
It’s for these reasons it is smart to encourage a backup offer. And the best time to get a backup offer is when there are multiple offers. All it takes is to create a quick counterproposal with appropriate language. It is a no risk insurance policy which is usually a win-win.
Inspection Issues
If a buyer has paid a premium price for a home it is common for them to be very picky on the inspection. They feel the home should reflect the price and unless an “as-is” clause was included in the contract you can expect to be negotiating again on some inspection issues. As a seller your negotiation position is greatly enhanced if you have a backup offer. A good gauge as you consider the buyers requests is whether another (the next buyer) would likely require the same items. If so, it might be a good idea to negotiate in good faith and move forward.
Finding a Replacement Home
The advantages of a tight market on the selling side lead to difficulty if the seller needs to find a replacement home that will not require a double move. In a strong sellers market, the sellers must have a plan of where they are going to go. Don’t get stuck in a situation where you are homeless for a period of time. Plan ahead!
Since each transaction is different it is hard to anticipate all scenarios but those are some of the major considerations when a seller is looking to list their home in a sellers market. If you are looking for expert representation in Boulder County call me, I have been successfully working in this market since 1991.
