Nothing So Certain As Change

If you are paying attention to the headlines, you know that a big change happened in the Real Estate industry that went into effect last Saturday. It was the culmination of a lawsuit brought by the Department of Justice against the National Association of Realtors and several of the largest National Real Estate Brokerages.

The gist of the lawsuit was that the traditional method of agents who represent buyers to be paid resulted from the listing contract between the listing agent and the seller of a home. The Department of Justice determined that this was price fixing because it excluded the buyer from having any influence on the commission that their agent was paid. The courts agreed and in May a fine of 418 million dollars was imposed upon the defendants.

How does this affect you? It’s going to have a big impact when you buy or sell a home.

When you sell a home, your Realtor can not provide any information in the Multiple Listing Service that indicates whether or not you are willing to pay the buyer’s agent commission. I suppose that means that you could benefit because you only need to agree to pay your Realtor that you have hired to sell your property. Sounds pretty good, right? However you need to consider the situation that most buyers are in. They’re the folks who have to have enough money to pay their down payment and their closing costs. That is a big sum of money. Most buyers are pushing themselves financially to come up with these funds. As a seller, you are likely enjoying years of equity that has built up in your home. At the time of selling, you will be flush with cash, in most cases. Paying the buyer’s agent commission is likely more affordable for the seller than it is for the buyer.

As a buyer, you will have to enter into a contract with your buyer’s agent in which you agree to pay your Realtor. Being a Realtor is not a charity situation. Realtors need to know that they will be paid. If a seller declines to pay the buyer’s agent, the buyer will need to do so. So be prepared to financially plan to pay a buyer’s agent commission. That commission is negotiable and is between you and your Realtor.

From my perspective, I think that this new law will be very hard on buyers: particularly first time home buyers. That entry level market is already the most competitive and the most likely to involve multiple offers. The typical first time buyer is putting down a very small down payment. That already bodes badly for them when they are competing against investors who have large down payments or all cash. Now imagine that the seller has several offers and they are determining which brings them the most benefit. Are they going to go with the offer with a small down payment who also asks them to pay the buyer side commission? Nope. Not when there is an offer that not only has more cash on the table but also doesn’t ask them to pay an extra commission.

Last, I want to mention that it is now against the law for a Realtor who is not representing the seller to show a houses to a buyer without a Buyer Broker Compensation Agreement. So if you are casually calling around and asking Realtors to show you houses, you are going to have to have a signed contract to get into any house that the Realtor is not the listing agent for.

There really is nothing so certain as change. We will all get used to working with these new rules. I do like that it puts the buyer side commission right up front and creates an honest conversation. I also think it is not good for entry level buyers, but we will figure this out. We can do it.

Dianne

Buyer Beware: Shake Roofs

In the early years of my career, shake roofs were considered to be the premium roof that a person could put onto a house. Because of their thickness, they create more shadows that make the roof more interesting. Entire neighborhoods were constructed where shake roofs were a requirement of owning a house. The thought being that it made the entire neighborhood look better.

Then, a few years into my career, there was a horrific fire in Orinda, California. Entire neighborhoods were wiped out. It was very publicly acknowledged that the fire grew so big, and spread so fast, because of the shake roofs on most of the houses.

There was a very real change in how people looked at owning a house with a shake roof. Now, there is a new twist.

Two weeks ago, representing a buyer, I was involved in the sale of a home in Westlake that had a shake roof. My client and I discussed this roof at length, the additional fire hazard, but also the need for professional maintenance. My client loved the house and made an offer that was accepted.

That’s when the problem was discovered. We could not find an insurance company willing to write a home owner’s policy for the house because of the shake roof. It’s important that I point out that the roof was 20 years old. It had been beautifully maintained, including just recently, but insurance agents that we talked to said the cut off for insuring a shake roof is 20 years. If it were newer, they would insure it.

There have been so many horrific fires in the last 10 years or so. I can totally understand that insurance guidelines have been tightened as a result. I can not say that there is not an insurance company that would insure a 20 year old shake roof, we just had no luck finding one.

So it’s something to have on your radar when you are buying a house. It’s also something to have on your radar if you are planning to sell a house with a shake roof.

I hope that you have found this information useful,

Dianne

Be Prepared

We don’t get severe weather very often. Generally, winter in Lake Oswego is mostly rainy with mild temperatures in the 40s. However, it is also pretty common that for a few days each winter we will get temperatures low enough to bring us snow and ice. Last week was one of those occasions. It was severe enough that the mayor of Lake Oswego declared a state of emergency. The unique factor was the snow and ice were accompanied by high winds. This brought down trees and tree limbs. And this led to power outages throughout the Portland metro area. At my house we lost power for 5 days. So here are a few of my take aways about being prepared and what to expect.

It may be cold.

If you can, install a generator. They come in different sizes. Small ones to just power your furnace and large ones for the entire house.

You can purchase indoor-rated propane heaters. This is what we used at my house. Make sure that they are indoor rated! With two heaters going we kept our kitchen at about 55 degrees.

Wear layers. Hats and gloves may feel goofy indoors, but they help a lot.

Drip your faucets. Just a small drip at each faucet can keep your pipes from freezing. Bursting pipes don’t have to be round two of coping with a cold snap if you take precautions.

If you haven’t lost power, you still need to take care of your pipes. Particularly if they are located in exterior walls. Consider leaving cupboard doors open so that the interior of the cupboards are well heated.

Buy things ahead of the weather event. Propane was a rare commodity and the stores around Lake Oswego were completely sold out. My son, who lives in Hillsboro, where they didn’t loose power, brought us propane that he purchased in that part of town. So stock up on things you’ll need before they are sold out: propane, candles, and batteries.

Take care of your trees

Hire an arborist to examine the trees in your yard. If you are considering buying a house, think about adding an arborist to your home inspection. Then do what they recommend. My husband and I have done this in our yard. It has paid for itself many times over. We just don’t have limbs and trees coming down. It’s not a 100% guarantee, but it has been money well spent in our household.

The bottom line is that these weather events happen. Be prepared and make it as smooth as possible. The heat will come back on and the yard will get cleaned up. And don’t forget to enjoy the winter wonderland!

Dianne

The Urban Growth Boundary

A big part of understanding real estate in Oregon is knowing about the Urban Growth Boundary.

It was put into place in 1973 under the leadership of Republican Governor Tom McCall. What the boundary does is make development choices intentional and public rather than piecemeal.

Every single town in the State of Oregon has a line drawn around it. Within the boundaries of that line urban and suburban development is allowed. Outside of the boundary is reserved for agriculture and forests. Lake Oswego is right on the edge of the UBB. From LO you can drive to the countryside in just minutes. In the countryside you’ll find wineries, farmstands, Christmas tree farms, and the beautiful rolling hills that lead to the Mountains and the Willamette Valley.

It’s controversial because it is forcing density within the boundary. The boundary has been expanded, but it’s a tedious process that requires lots of legal wrangling. The planning departments in towns have to project for population growth and then plan today to accommodate the growth in the future. This means that even if builders want to build on larger lots, they simply can’t get those large lots approved. They are forced to build on smaller lots to accommodate future population projections.

It also means that land within the boundary is super valuable. If houses become run down, they get torn down. In those cases the land is more valuable then the house and the land gets re-built. I think it has helped the Tri-County Metro area to not have slums. Yes, there are parts of town with lower economic demographics, but there are not slums.

The density within our UGB is going to increase now that multi-family units are allowed in residential neighborhoods. That’s a whole other blog post.

For a map of the Portland area UGB, click here.

As always, thank you for reading the blotter.

Dianne

So, It’s Key Day!

It’s been a long trek to the finish line & now you’re here! What can you expect, and before you get here, how can you plan so that it’s the best experience ever? Well, let’s take a look at a few random things that tend to come up, just for fun.

  • Personal Items & Trash – The standard OREF Residential Sale Agreement states: “Prior to Closing, Seller will remove all of Seller’s personal property (including trash).”  Even though this is in the Agreement, people get confused about it all the time. I’ve had to deal with people’s sheds filled with boxes and all kinds of interesting things after Closing. Some people think you want their bags of redeemable cans in the closet, or that you want every can of paint they’ve ever decided to store in the garage “just in case”, or a stack of pallets on the side of the house, etc etc.  Now, there are things people leave that are actually helpful, like a few cans of paint so that you can match or touch up if you want, maybe a lawnmower if the Seller is moving to a condo and you’re a First-Time Home-Buyer, or an unopened bag of lawn fertilizer (handy) or a set of yard tools…you get the picture. The biggest thing to remember here is that this should be addressed up front. These kinds of things can sometimes be talked about during the Inspection Period.  It doesn’t hurt to just mention that you either do or no not want these items (“The Seller is removing everything from the shed & garage, right?”…”Those tires stacked in the back corner of the yard are being removed, right?”), and your Agent reminding the Seller’s Agent prior to Closing that the shed needs to be empty, etc never hurts. I had my own Seller tell me one time “I didn’t know I had to empty the shed!”. You may also write a final walkthrough into your Offer if you want to, but remember that if you’re competing, you may also want to consider leaving anything “extra” like this out of that initial Offer document, perhaps addressing it later on with an Addendum, or your Agent just checking in verbally on any final checklist items.
  • Clean – You expect your new home to be clean on the day you take Possession. The trouble is that, like one mentor-Agent of mine told me when I was new- “People are quirky”.  Different people have different ideas of what clean means.  Be prepared with Plan B as a Buyer if you are not satisfied with the level of clean that you find on Closing Day.  You can line up a house-cleaner to help prior to moving day, or just prepare to give it a once-over yourself, or my favorite idea: Move in and then hire a house-cleaner to help clean AND instill order after the moving and chaos dies down a bit.
  • Possession Timing – That reminds me of the time I found myself on my hands and knees scrubbing a refrigerator at 4:00PM after dumping everything in it into black plastic bags because my Seller was confused about the 5:00PM deadline for move-out.  He apparently thought of it as an easy-going goal to work toward and not as a contractual obligation, so when I showed up a couple hours ahead to help (upon learning he was still moving out) I ended up on my knees with cleaning products in Super-Woman mode. So… Pay attention to the dates & times stipulated in the contract, and as a Buyer, your Agent may want to check in with the Seller’s Agent ahead of time just to make sure everyone is on the same page. It has been a matter of discussion among Realtors recently as to whether a standard 5:00PM Possession in the contract meant anytime that day & 5:00 at the absolute latest, or: 5:00PM. (Yes, you can write in other times, but usually it ends up being 5:00PM….Funding & Recording often finalize around 4:00PM, for one thing.) The contract states “by 5:00PM”. This is generally interpreted to mean 5:00PM : ) unless the parties agree that the Seller is all moved out, Funding and Recording have occurred, and the Buyer is welcome to take possession earlier than 5:00. As with most things, communication and forethought are key.
  • Fixtures, “Smart Home” Features, and Appliances –  This should all be spelled out waaay ahead of Closing day. Fixtures stay with the home unless otherwise specified in writing.  Fixtures are understood to be things permanently affixed to the house or obviously meant to be a functioning part of the home.  So, things like Wall-brackets for TV’s generally stay, BUT, some Sellers may get confused and think that they’re a part of their TV, or you may not have a wall TV and really prefer they take the brackets.  The easy answer to this looming potential issue is to spell it out in writing, preferably in the Offer. The same confusion can arise over home video-monitoring systems, cameras, fancy remote-control tech toys for thermostats etc that may be part of a subscription package. Again, do it in writing so everyone is clear what stays and what goes.  Appliances are always spelled out in the Offer even if they’re included in the Listing just so that everyone is in a good mood on Closing day & not “surprised” by misunderstandings.

All in all, the basic idea is to think ahead & talk through a plan with your Agent so that when you walk into your new home, you’re doing nothing but popping champagne, or jumping up & down, or running from room to room making happy sounds.  It should be your Day of Joy!

One of my favorite overarching rules to live by that applies to so many things is summed up in this quote from Terry Josephson: “The more you prepare, the luckier you appear.”

500 Feet

If you pay attention to the news at all, you likely are aware that there has been a major winter storm crossing the United States for the last couple of days. So, yes, LO got snow. At my house I think I got 3-4 inches. A beautiful dusting but not so much that it lead to power outages or tree fall. Really beautiful.

Some parts of the metro area got much more. In Portland they got 11 inches. My good friend in Hillsboro got 10 inches.

When I am showing houses and people ask me about snow, I always tell them the importance of 500 feet. We don’t get a lot of snow. We get a dusting that doesn’t stick a few times each winter, but snow lasting on the ground does not happen every year. And when it does, it melts after a few days. The difference is when you live higher than 500 feet in elevation. Above 500 feet you will get a lot more snow. the stuff that dusts the valley floor and doesn’t stick will stick above 500 feet. Something to bear in mind when house hunting.

You should also know that even 3-4 inches will shut down the entire metro area. Other parts of the country live with much heavier snowfall with no consequences. Here in the Portland area we have many hills and sloped, even steep, roads. Those are treacherous when it snows. And the snowfall is infrequent enough that people are ill equipped with vehicles and tires that can’t maneuver in the snow.

I drive a Subaru. I will show houses even in heavy snow. It’s very empowering!

Most folks in the Portland area look forward to snow day. It’s a little holiday in our hectic lives. We know that we can have a cup of tea and enjoy the winter wonderland.

Dianne

Radon: Take Action

As January comes to a close, I want to take advantage of the fact that January is Radon Awareness Month. This is important as you buy or sell a home, but it’s also important simply as a human who lives in a contained environment. Whether you are buying or sell or not, you should test your house for radon.

Radon is a naturally occurring gas that is given off by granite boulders. These boulders are buried deep in the ground. You can’t see them, so you don’t know if they are there or not. This is why everyone should be doing radon tests.

I first became concerned about radon when I read an article in a local newspaper about 20 years ago. A resident of my neighborhood, in the Lake Grove section of Lake Oswego, died of lung cancer. He had been a non-smoker. After his death, his wife checked their home for radon and discovered elevated levels. It was the likely cause of his death.

It’s estimated that 20,000 deaths in the US each year are caused by radon exposure. It is the second leading cause of lung cancer, after cigarette exposure.

While some parts of the metro area are known for elevated radon levels (the Alameda Ridge is Northeast Portland is often referred to as Radon Ridge), radon can be found in Lake Oswego. I sold a house in Village on the Lake a number of years ago and radon was found. It was a lake-front house.

In Oregon, radon is fairly common in the northern Willamette Valley. This is a result of the Great Missoula Flood that occurred thousands of years ago. A huge ice dam formed in the area of what is now Sandpoint, Idaho. It contained a lake that went deep into Montana. When the ice melted it released a huge flow of water and debris that came across Eastern Washington, dug out the Columbia River Gorge, and came to rest in the Willamette Valley. This flow contained granite boulders that, today, are the primary source of radon in homes in this area.

While there is no known safe level of radon, it can be measured. The test is simple. You can buy a test at most home improvement stores. You set two canisters in your house for several days, then mail them off to a lab, and you get emailed results within about 10 days. It’s been awhile since I’ve done it this way, but I believe it costs under $100. Or you can hire a professional. This costs about $150. They set a test box into your house for 2 days and you get same day results.

Correcting radon is usually under $2000. Not super expensive.

My point here is that it’s easy to do. Realtors in Oregon are trained to make radon testing a part of the home inspection process. But do the test for the benefit of yourself even if you aren’t selling.

I hope you find this information helpful. Here’s to going into February living in the safest and healthiest home possible.

Dianne

Adapt and Learn

When I started in Real Estate 35 years ago, our sale agreement was one page, legal size, and there were few, if any, supplemental forms. If something additional needed to be added, like a home inspection, I took out a blank addendum and wrote it up myself. Over the years many, many forms have been added. The sale agreement is 11 pages long and there are about 100 supplemental forms.

Realtors are not attorneys, so it’s a good thing that we no longer write our own addendums for things like home inspections. However, we do have to know the forms inside and out. We use them and we need to be able to explain what they mean. This requires a lot of continuing education. Now, add to the mix that an entire new set of paperwork is being rolled out.

Signing Official Document

The forms that we have historically used were developed by Oregon Real Estate Forms, OREF. This entity primarily consisted of the two largest Realtor Associations in the state: Portland Metro and Eugene.

Now the Oregon Association of Realtors has developed a new set of forms. The old ones are not being retired, instead we will have 2 complete sets of forms to use and both are acceptable. This means that Realtors need to be training and learning about these new forms. There are pluses and minuses to both. I also think it’s likely that eventually one will dominate and my prediction is that it will be the new forms.

I am very proud to say that Linda and I have both been training for the past 2 months to become knowledgeable about the new forms. I think we are positioning ourselves to give the best service possible to our clients. I also want to give a shout out to Oregon First. Our company started this training, and went in depth with it, from the get go.

So, Linda and I are adapting and learning. It really is exciting and it feels good to know that we are positioning ourselves to give you the best experience possible when you buy or sell a house. We are here to be of help!

Dianne

Rising Interest Rates, What Does it Mean?

I want to talk about the elephant in the room, rising interest rates. Just yesterday the Federal Reserve raised the Federal rate by .5% to between $4.25 and $4.5%.

The Federal Reserve Rate is the rate set by the Federal Reserve to dictate the cost of money when banks borrow from one another. If the banks are paying more for money, it just makes sense that the increase gets passed along to the consumer. That is how banks make money. It’s why they are in business.

I do think that the increased cost of mortgages is having a impact on the real estate market. Higher interest rates make homes less affordable. Is this going to cause a housing decline? In a word, no.

From what I have been hearing the current situation is likely short term

Several months ago I listened to a Bloomberg podcast that featured 3 economists. The consensus was that the inventory is so low, that the demand for housing will keep the real estate market strong.

At the beginning of the Great Recession, in about 2008, builders pretty much not only stopped building, but they also stopped laying the ground work for new neighborhoods. Coming out of the recession, in about 2014, the home building industry rebounded, but there were about 6 years of missing inventory and they just simply have not caught up, even to this day. To meet our population needs, Nationwide, we should be building 3,000,000 new housing units per year. These are houses, condos, and apartments. We have only been building 1,300,000 per year: not even half of the population need. It is going to take decades to catch up.

Economics is all about supply and demand. With the demand high and supply low, that supports housing values.

Interest rate forecast according to the NAR

The other source of some interesting information was a Brian Buffini class that I took on Monday. It featured Lawrence Yun, the chief economist for the National Association of Realtors. Their discussion included several key points:

  • Government regulations put into affect after the Great Recession tightened up the mortgage lending industry so that people actually had to qualify for their loans and prove credit worthiness and employment stability in order to get a mortgage. In other words, people can afford to make their payments.
  • There is usually a 2% margin between the Federal rate and the mortgages rates. There is an anomaly happening where the spread is currently 3%. This means that the Federal rate can increase without there being an increase in the mortgage rates.
  • Mr Yun predicts that 2023 will see interest rates come back down within the year to under 6%
  • Mr Buffini predicts that 2023 will be flat with little or no home appreciation. However, he thinks that in 2024 the housing market will rebound with as much as 10% appreciation.

Here are my thoughts. It remains a great time to buy a house. With houses taking longer to sell, people who are selling are more negotiable. For a buyer, that means addressing repairs within the sale and negotiation on the price when you make an offer. For people wanting to sell, the inventory is still very, very low. Yes, it will take 30-60 days, but your house will sell and you likely continue to have a great deal of equity.

I have to say that no one knows for sure. These are simply thoughts shared by people with some knowledge and whose opinions I respect.

As always, thank you for reading the blotter.

Dianne

The Power of 20

Years ago, I realized that the number 20 is very powerful in real estate. It applies both when buying and when selling.

When Buying

I think most people do the bulk of their house hunting online. The Internet is an amazing tool. However, it is also super important to physically visit houses. I think you need to go into them to get a feeling for value. What does $500,000 look like? By the time that you have gone through 20 houses you will have a strong sense of value. You’ll know what feels like a good deal and what feels like it is overpriced.

This does not mean that you absolutely have to see exactly 20 houses. No. In fact, the first house that my husband and I bought was the first house that we looked at. We walked in, fell in love, and made an offer.

20 is simply a good guide and a way to set some expectations for the experience of house hunting.

When Selling

When selling, you need about 20 showings to get an offer. Again, it can happen faster than that, but 20 is a good barometer.

So, if you put your house on the market and you get 20 showings in the first few days, you are going to get an offer quickly.

If the reverse happens and you get 2 showings the first week, and then 2 the next, this means you’re going to be on the market for about 10 weeks to get an offer. If you need an offer more quickly, then you need to drop the price or fix what people are objecting to.

If you get 20 showings and no offer happens, again, you need to drop the price or fix what people are objecting to.

I hope you find this concept useful. As always, thanks for reading the blotter.

Dianne