2.    Know your competition - Have a Competitive Market Analysis of your home to ascertain the approximate value of your home. Attend all open houses of homes in that price range so you can see the homes your home will be competing with and how they are packaged.  For those homes that do not have an open house, ask your Realtor^® to take you to those homes in your price. You'll want to package/present your home better.

4.  Make your home look to the buyer as if they can move right in without making any repairs - You may get your Listing price if a buyer does not have to spend additional monies on repairs of the home after they buy it. Walk through your home and look at it as if you were the buyer. Fix or repair all items you see that you as a buyer would not want to see if you were buying the home.  For example, remove all dirt and smudges from the walls and woodwork and fill any cracks or holes and repaint them. A buyer should feel they would not have to paint the home when they walk in. Caulk around the sinks and bathtubs. Clean ashes out of the fireplace and place a neat set of logs in it.  Have the carpets professionally cleaned. If you have animals, ask friends and neighbors if they can smell any odors from the animals. If there is a smell, remove the odors from the home. Polish doorknobs and handles. Repair cracked tiles. Remove all clutter from throughout the home - tabletops, bookshelves, floors, etc. Clean, polish and dust all furniture and appliances. Remember your home should show as a model home.

What to do when and after listing your home for sale

In today's protective world, the name of the game in real estate is "Disclosure". The board of Realtors was founded to protect the interests of buyers of real estate.

In Real Estate Everything Must be in Writing

Home Purchase Agreement Protects Buyers

Effective October, 2002 the California Association of Realtors released a new and improved Residential Purchase Agreement and Joint Escrow Instructions - the contract between buyer and seller to purchase a home.

With this new contract the investigation periods are longer. The buyer is protected even more. The final decision date is all at the same time. In effect, here are the "boilerplate" new time frames when purchasing a home. Of course, the number of days can be changed by mutual written agreement between the Seller and Buyer.
 

1. The Seller has 7 days after acceptance of the offer to deliver to the Buyer all reports, disclosures and information for which the seller is responsible.

2. The Buyer has 17 days after acceptance to complete all of their investigations, approve all disclosures, reports and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property.

3. Within the 17 days the Buyer may request the Seller make repairs or take any other action regarding the Property. The Seller has no obligation to agree to or to respond to the Buyer's requests.

4. At the 17th day, assuming the Seller has followed all time frames, the Buyer shall in writing, remove all contingencies or cancel the Agreement. This cancellation does not have to have a reason.

5. Upon cancellation within the 17 day time period, all deposit monies are returned to the Buyer.

In summary, a Buyer now has a 17 day period, after acceptance of an offer to purchase a home, to perform their "due diligence" investigation based on disclosures from the Seller as well as the buyers own investigations with their experts.

If for any reason or no reason within the 17-day period, the Buyer does not want to purchase the home, they may cancel and get their deposit money back.

When making an offer on a home be sure the contract date indicated in the lower left corner of the contract says "Revised 10/02 Print Date BDC Mar 04" or later.
 

San Diego Rules for Property Tax Relief for Seniors

California law provides a one time property tax relief for seniors 55 years of age or older (you or your spouse). It allows you to transfer your current Proposition 13 base-year value to a newly acquired residence if you sell your existing home and buy another of equal or lesser value (see the definition below of "value") within the same county or within another county, which has passed an ordinance authorizing such transfers. You can transfer your tax base into San Diego County regardless of the California county you are moving from..

The original dwelling must be sold within 2 years before or 2 years after the purchase of the replacement. Construction of the replacement dwelling must be completed within 2 years of the date the original property sold. In addition, the application must be filed within 3 years of the date the replacement property was purchased or new construction was completed.

"Equal or Lesser Value" of a replacement dwelling is defined as; 100% of market value of the original property as of its date of sale if a replacement dwelling is purchased or newly constructed before an original property is sold; 105% of market value of original property as of its date of sale if a replacement dwelling is purchased or newly constructed within 1 year after the sale of the original property;110% of market value of the original property as of its date of sale if a replacement dwelling is purchased or newly constructed within the 2^nd year after the sale of the original property.

Both of the dwellings must be eligible for the Homeowners Exemption.

To get a copy of the Reappraisal Exclusion for Seniors Claim form go to the Assessors web site and click on Forms then Property Tax Exemption then Reappraisal Exclusion for Seniors.

This information is reliable but not guaranteed as of the date of this writing.

Buyers and Sellers Can Now Check for Prior Insurance Claims

Recently friends of mine were buying a home in Carlsbad. During the escrow period they were having a difficult time getting homeowners insurance. Finally, an insurance agent told them that the home they were about to purchase had 3 large water damage insurance claims made during the previous 5 years.

Although the homeowners should have disclosed all insurance claims made during the previous 5 years, they did not. Upon learning of the claims, my friends immediately cancelled the purchase of the home. The owners did not disclose the water damage claims. What hidden condition in the home were they hiding?

This story is real and probably happens all the time. In the past only insurance agents could obtain prior claims information. However, now thanks to a company called Choicepoint (www.ChoiceTrust.com), primary residence owners can request a Property Claims History Report, known as a C.L.U.E^® Personal Property Report. You can also see what information is being used to determine your overall risk. The cost is $ 9.95.

In my opinion, as a real estate professional, if you submit an offer to buy a home, you should include as part of the offer, a request for the Seller to supply you a C.L.U.E report. While this is a report of personal property losses, if any past claims were made because of fire or water damage, you have additional information about what has occurred in the home.

This report would just be another of the many you would review, while you are performing inspections and reviewing reports during the contingency period.

Why You Need Title Insurance 

The following articles are reprinted from Realtor Magazine Online by permission of the National Association of Realtors. Copyright 2004. All rights reserved.

Understanding Agency

It’s important to understand what legal responsibilities your real estate salesperson has to you and to other parties in the transactions. Ask your salesperson to explain what type of agency relationship you have with him or her and with the brokerage company.

1. Seller's representative (also known as a listing agent or seller's agent). A seller's agent is hired by and represents the seller. All fiduciary duties are owed to the seller. The agency relationship usually is created by a listing contract.

2. Subagent. A subagent owes the same fiduciary duties to the agent's principal as the agent does. Sub agency usually arises when a cooperating sales associate from another brokerage, who is not representing the buyer as a buyer’s representative or operating in a nonagency relationship, shows property to a buyer. In such a case, the subagent works with the buyer as a customer but owes fiduciary duties to the listing broker and the seller. Although a subagent cannot assist the buyer in any way that would be detrimental to the seller, a buyer-customer can expect to be treated honestly by the subagent. It is important that subagents fully explain their duties to buyers.

3. Buyer's representative (also known as a buyer’s agent). A real estate licensee who is hired by prospective buyers to represent them in a real estate transaction. The buyer's rep works in the buyer's best interest throughout the transaction and owes fiduciary duties to the buyer. The buyer can pay the licensee directly through a negotiated fee, or the buyer's rep may be paid by the seller or by a commission split with the listing broker.

4. Disclosed dual agent. Dual agency is a relationship in which the brokerage firm represents both the buyer and the seller in the same real estate transaction. Dual agency relationships do not carry with them all of the traditional fiduciary duties to the clients. Instead, dual agents owe limited fiduciary duties. Because of the potential for conflicts of interest in a dual-agency relationship, it's vital that all parties give their informed consent. In many states, this consent must be in writing. Disclosed dual agency, in which both the buyer and the seller are told that the agent is representing both of them, is legal in most states.

5. Designated agent (also called, among other things, appointed agency). This is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as an agent of the seller and which will act as an agent of the buyer. Designated agency avoids the problem of creating a dual-agency relationship for licensees at the brokerage. The designated agents give their clients full representation, with all of the attendant fiduciary duties. The broker still has the responsibility of supervising both groups of licensees.

6. Nonagency relationship (called, among other things, a transaction broker or facilitator). Some states permit a real estate licensee to have a type of nonagency relationship with a consumer. These relationships vary considerably from state to state, both as to the duties owed to the consumer and the name used to describe them. Very generally, the duties owed to the consumer in a nonagency relationship are less than the complete, traditional fiduciary duties of an agency relationship.

1.    Get estimates from a reliable repairperson on items that need to be replaced soon, such as a roof or worn carpeting, for example. In this way, buyers will have a better sense of how much these needed repairs will affect their costs.

2.    Have a termite inspection to prove to buyers that the property is not infested.

3.    Get a pre-sale home inspection so you’ll be able to make repairs before buyers become concerned and cancel a contract.

4.    Gather together warranties and guarantees on the furnace, appliances, and other items that will remain with the house.

5.    Fill out a disclosure form provided by your sales associate. Take the time to be sure that you don’t forget problems, however minor, that might create liability for you after the sale.

Tips for Holding a Yard Sale

Hold a yard sale to reduce the clutter in your home and get rid of items you don’t want to move.

1.    Check with your city government to see if you need a permit or license.

2.    See if neighbors want to participate and have a “block” sale to attract more visitors.

3.    Advertise. Put an ad in free classified papers, and put up signs and balloons at major intersections and in stores near your home.

4.    Price items ahead and attach prices with removable stickers. Remember, yard sales are supposed to be bargains, so don’t try to sell anything of significant value this way.

5.    Check items before the sale to be sure you haven’t including something you want by mistake.

6.    Keep pets away from the sale.

7.    Display everything neatly and individually so customers don’t have to dig through boxes.

8.    Have an electrical outlet so buyers can test appliances.

9.    Have plenty of bags and newspaper for wrapping fragile items.

10.  Get enough change, and keep a close eye on your cash.

10 Ways to Make Your House More Saleable

1.    Get rid of clutter. Throw out or file stacks of newspapers and magazines. Pack away most of your small decorative items. Store out-of-season clothing to make closets seem roomier. Clean out the garage.

2.    Wash your windows and screens to let more light into the interior.

3.    Keep everything extra clean. Wash fingerprints from light switch plates. Mop and wax floors. Clean the stove and refrigerator. A clean house makes a better first impression and convinces buyers that the home has been well cared for.

4.    Get rid of smells. Clean carpeting and drapes to eliminate cooking odors, smoke, and pet smells. Open the windows.

5.    Put higher wattage bulbs in light sockets to make rooms seem brighter, especially basements and other dark rooms. Replace any burnt-out bulbs.

6.    Make minor repairs that can create a bad impression. Small problems, such as sticky doors, torn screens, cracked caulking, or a dripping faucet, may seem trivial, but they’ll give buyers the impression that the house isn’t well maintained.

7.    Tidy your yard. Cut the grass, rake the leaves, trim the bushes, and edge the walks. Put a pot or two of bright flowers near the entryway.

8.    Patch holes in your driveway and reapply sealant, if applicable.

9.    Clean your gutters.

10.  Polish your front doorknob and door numbers.

5 Ways to Speed Up Your Sale

1.    Price it right. Set a price at the lower end of your property’s realistic price range.

2.    Get your house market-ready for at least two weeks before you begin showing it.

3.    Be flexible about showings. It’s often disruptive to have a house ready to show on the spur of the moment, but the more often someone can see your home, the sooner you’ll find a seller.

4.    Be ready for the offers. Decide in advance what price and terms you’ll find acceptable.

5.    Don’t refuse to drop the price. If your home has been on the market for more than 30 days without an offer, be prepared to lower your asking price.

7 Steps to Preparing for an Open House

1.     Hire a cleaning service. A spotlessly clean home is essential; dirt will turn off a prospect faster than anything.

2.    Mow your lawn, and be sure toys and yard equipment are put away.

3.    Serve cookies, coffee, and soft drinks. It creates a welcoming touch. But be sure the kitchen has been cleaned up; use disposable cups so the sink doesn’t fill up.

4.      Lock up your valuables, jewelry, and money. Although the real estate salesperson will be on site during the open house, it’s impossible to watch everyone all the time.

5.      Turn on all the lights. Even in the daytime, incandescent lights add sparkle.

6.      Send your pets to a neighbor or take them outside. If that’s not possible, crate them or confine them to one room (a basement or bath), and let the salesperson know where to find them.

7.      Leave. It’s awkward for prospective buyers to look in your closets and express their opinions of your home with you there.

10 Ways to Make Your Home Irresistible at an Open House

1.    Put fresh or silk flowers in principal rooms for a touch of color.

2.    Add a new shower curtain, fresh towels, and new guest soaps to every bath.

3.    Set out potpourri or fresh baked goods for a homey smell.

4.    Set the table with pretty dishes and candles.

5.    Buy a fresh doormat with a clever saying.

6.    Take one or two major pieces of furniture out of every room to create a sense of spaciousness.

7.    Put away kitchen appliances and personal bathroom items to give the illusion of more counter space.

8.    Lay a fire in the fireplace. Or put a basket of flowers there if it’s not in use.

9.    Depersonalize the rooms by putting away family photos, mementos, and distinctive artwork.

10. Turn on the sprinklers for 30 minutes to make the lawn sparkle. 

7 Terms to Watch for in a Purchase Contract

1.    The closing date. See if the date the buyer wants to take title is reasonable for you.

2.    Date of possession. See if the date the buyer wants to move in is reasonable for you.

3.    The earnest money. Look for the largest earnest-money deposit possible; since it is forfeited if the buyer backs out, a large deposit is usually a good indication of a sincere buyer.

4.    Fixtures and personal property. Check the list of items that the buyer expects to remain with the property and be sure it’s acceptable.

5.    Repairs. Determine what the requested repairs will cost and whether you’re willing to do the work or would rather lower the price by that amount.

6.    Contingencies. See what other factors the buyer wants met before the contract is final—inspections, selling a home, obtaining a mortgage, review of the contract by an attorney. Set time limits on contingencies so that they won’t drag on and keep your sale from becoming final.

7.    The contract expiration date. See how long you have to make a decision on the offer.

What You’ll Net at Closing

 To find out how much money you’ll net from your house, add up your closing costs and subtract them from the sale price of the house. 

 Moving Tips for Sellers

1.    Give your forwarding address to the post office, usually two to four weeks ahead of the move.

2.    Notify your credit card companies, magazine subscriptions, and bank of the change of address.

3.    Develop a list of friends, relatives, and business colleagues who need to be notified of the move.

4.    Arrange to have utilities disconnected at your old home and connected at your new one.

5.    Cancel the newspaper.

6.    Check insurance coverage for moved items. Usually movers only cover what they pack.

7.    Clean out appliances and prepare them for moving, if applicable.

8.    Note the weight of the goods you’ll have moved, since long-distance moves are usually billed according to weight. Watch for movers that use excessive padding to add weight.

9.    Check with your condo or co-op about restrictions on using the elevator or particular exits.

10. Have a “first open” box with the things you’ll need most—toilet paper, soap, trash bags, scissors, hammer, screwdriver, pencils and paper, cups and plates, water, snacks, and toothpaste. 

Plus, if you’re moving out of town:

1.    Get copies of medical and dental records and prescriptions for your family and your pets.

2.    Get copies of children’s school records for transfer.

3.    Ask friends for introductions to anyone they know in your new neighborhood.

4.    Consider special car needs for pets when traveling.

5.    Let a friend or relative know your route.

6.    Carry traveler’s checks or an ATM card for ready cash until you can open a bank account.

7.    Empty your safety deposit box.

8.    Put plants in boxes with holes for air circulation if you’re moving in cold weather.

 6 Items to Have on Hand for the New Owners

1.    Owner’s manuals for items left in the house.

2.    Warranties for any items left in the house.

3.    A list of local service providers—the best dry cleaner, yard service, etc.

4.    Garage door opener.

5.    Extra sets of house keys.

6.    Code to burglar alarm and phone number of monitoring service if not discontinued.

20 Low-Cost Ways to Spruce Up Your Home

Make your home more appealing for potential buyers with these quick and easy tips.

1. Trim bushes so they don’t block windows and cut down on light.

2. Buy a new doormat.

3. Put a pot of bright flowers (or a small evergreen in winter) on your porch.

4. Put new doorknobs on your doors.

5. Put a fresh coating on your driveway.

6. Edge the grass around walks and trees.

7. Keep your garden tools out of site.

8. Be sure kids put away their toys.

9. Buy a new mailbox.

10. Upgrade the outside lighting.

11. Use warm, incandescent light bulbs for a homey feel.

12. Polish or replace your house numbers.

14. Put out potpourri or burn scented candles.

15. Buy new pillows for the sofa.

16. Buy a flowering plant and put it in a window you pass by frequently.

17. Make a centerpiece for your table with fruit or artificial flowers.

18. Replace heavy curtains with sheer ones that let in more light.

19. Buy new towels.

20. Put a seasonal wreath on your door.

What Is Appraised Value?

It’s an objective opinion of value, but it’s not an exact science so appraisals may differ. 

For buying and selling purposes, appraisals are usually based on market value—what the property could probably be sold for. Other types of value include insurance value, replacement value, and assessed value for property tax purposes.

Appraised value is not a constant number. Changes in market conditions can dramatically alter appraised value.

Appraised value doesn’t consider special considerations, like the need to sell rapidly.

Lenders usually use either the appraised value or the sale price, whichever is less, to determine the amount of the mortgage they will offer.

Used with permission from Kim Daugherty, Real Estate Checklists and Systems (www.realestatechecklists.com).

Understanding Capital Gains in Real Estate

When you sell a stock, you owe taxes on your gain—the difference between what you paid for the stock and what you sold it for. The same is true with selling a home (or a second home), but there are some special considerations.

How to Calculate Gain

In real estate, capital gains are based not on what you paid for the home, but on its adjusted cost basis. To calculate this:

1. Take the purchase price of the home: This is the sale price, not the amount of money you actually contributed at closing.

2. Add adjustments:

§       Cost of the purchase—including transfer fees, attorney fees, inspections, but not points you paid on your mortgage.

§       Cost of sale—including inspections, attorney’s fee, real estate commission, and money you spent to fix up your home just prior to sale.

§       Cost of improvements—including room additions, deck, etc. Note here that improvements do not include repairing or replacing something already there, such as putting on a new roof or buying a new furnace.

3. The total of this is the adjusted cost basis of your home.

4. Subtract this adjusted cost basis from the amount you sell your home for. This is your capital gain.

A Special Real Estate Exemption for Capital Gains

Since 1997, up to $250,000 in capital gains ($500,000 for a married couple) on the sale of a home is exempt from taxation if you meet the following criteria:

   §      You have lived in the home as your principal residence for two out of the last five years.

   §       You have not sold or exchanged another home during the two years        preceding the sale.

Also note that as of 2003, you also may qualify for this exemption if you meet what the IRS calls “unforeseen circumstances,” such as job loss, divorce, or family medical emergency. 

Does Moving Up Make Sense?

 Answer these questions to help you decide whether moving up makes sense.

1.    How much equity do you have in your home? Look at your annual mortgage statement or call your lender to find out. Usually, you don’t build up much equity in the first few years of paying a mortgage, but if you’ve owned your home for a number of years, you may have significant unrealized gains.

2.    Has your income increased enough to cover the extra mortgage costs and the costs of moving?

3.    Does your neighborhood still meet your needs? For example, if you’ve had children, the quality of the schools may be more of a concern now than when you first purchased.

4.    Can you add on or remodel? If you have a large yard, there might be room to expand your home. If not, your options may be limited. Also, do you want to undertake the headaches of remodeling?

5.    How is the home market? If it’s good, you may get top dollar for your home.

6.    How are interest rates? A low rate not only helps you buy more home, but also makes it easier to find a buyer.

Remodeling That Pays

 Upgrading your home is always appealing, but which enhancements really get you a good return for your money when it’s time to sell? The 2003 Cost vs. Value Report by Remodeling magazine and REALTOR^Ò Magazine has the answer.

 To see the complete article, visit http://www.realtor.org/rmomag.NSF/pages/costvaluedec03.

12 Tips for Hiring a Remodeling Contractor

1.    Get at least three written estimates.

2.    Get references and call to check on the work. If possible, go by and visit earlier jobs.

3.    Check with the local Chamber of Commerce or Better Business Bureau for complaints.

4.    Be sure that the contract states exactly what is to be done and how change orders will be handled.

5.    Make as small a down payment as possible so you won’t lose a lot if the contractor fails to complete the job.

6.    Be sure that the contractor has the necessary permits, licenses, and insurance.

7.    Be sure that the contract states when the work will be completed and what recourse you have if it isn’t. Also remember that in many instances you can cancel a contract within three business days of signing it.

8.    Ask if the contractor’s workers will do the entire job or whether subcontractors will do parts.

9.    Get the contractor to indemnify you if work does not meet local building codes or regulations.

10.  Be sure that the contract specifies the contractor will clean up after the job and be responsible for any damage.

11.   Guarantee that materials used meet your specifications.

12.   Don’t make the final payment until you’re satisfied with the work.