Monday, July 28, 2014

Don't Try To Clean Out A North San Jose Probate Home Yourself

North San Jose Probate sale
Are you the administrator of a North San Jose Probate sale home that belonged to a hoarder? Maybe it was a home that was living in for 50 or 60 years by a relative or close friend who had a lot of family mementos and a soft spot in her heart for them. Maybe he was a collector of things which seemingly have no value today like technical manuals from the 60's.
You need to sell the North San Jose Probate home, but it is filled with stuff. The house is worth many hundreds of thousands of dollars, but the estate has little or no cash. Or the estate has cash, but the heirs need every penny they can salvage out of the Redwood City Probate sale. What do you do?
As the Personal Representative for the estate you have several choices.
My advice is to take the following steps:
1. Do not try to figure out yourself what is valuable and what is not. Get a professional in to tell you. For example you could call DGW Auction House and see if they want to try to sell anything. They will know what will sell and what won't and will take away what has some value and the Redwood City estate gets the money for it after they sell and take their portion. Yes, you do not get 100%; but they will know what has value and unless you are an appraiser you will not.
2. Next step to to gather up what is donatable and find a charity who will come and pick up anything that won't sell but can be used by someone. The key here is to find who will come and pick up so you do not have to lift furniture.
3. You are then left with debris. Some of this will be recyclable and some will not. Separate what you can recycle and that can be done for free.
4. What is left is trash. If it does fit in the trash can over a period of weeks that you have available while selling the North San Jose Probate home then you can call a hauler and have the trash hauled. At this point it will hopefully be a small enough load that it will not cost very much to dump it.
As an alternative you could just call me to list your North San Jose Probate home. I will arrange for all of the above to happen. You don't have to lift a finger and the yucky work of cleaning out a North San Jose Probate home is done by me.
If you have any questions about selling a North San Jose home in Probate please feel free to contact me.
Marcy Moyer
Cal BRE 01191194
650-619-9285

Thursday, July 24, 2014

The Many Activities at The Villages Golf and Country Club in San Jose

When my grandparents left their home in Palm Springs they went back to Florida to live out their lives. They had always lived in their own home or condo, but felt maybe it was time to go to a retirement community so they could get more help. They went to Boca Raton where my mother was living, and moved into a retirement home. They lasted less than a week. Instead, they moved into the Boca Raton Beach and Golf Club. They rented a golf villa on a monthly basis and had golf, swimming, social activities, restaurants, and near by shopping. I went to visit them frequently and my husband and I always said when we retired we wanted to live the same way.
Well, 25 years later I am not ready to retire, but it sure would be nice living in a place like the villas at the Boca Raton Beach and Golf Club.
As luck would have it, the Silicon Valley has something very similar, The Villages Golf and Country Club in San Jose.  It has golf, tennis, trails, pools, horse stables, restaurants, and shopping right outside the gate. Not only that, but the list of clubs is in the many dozens. Here is a current list of organizations:
Amateur Astronomy/Radio Astronomy
Amateur Radio Club, The Villages
Amateur Theatre, The Villages
Arts & Crafts Association
Bandini Patrol
Bocce Club
Brandeis National Committee Club
Bridge/Duplicate
Bridge/Ladies Monday Intermediate
Bridge/2nd & 4th Intermediate
Bridge/The Villages Women’s Lunch & Bridge
Camera Club
Catholic Group
Cheers Dance Club
Club Latino
Club Cabaret
Community Chapel
Crimson Charmers Red Hat
Democratic Club
Dippy Dolphins
Dog Club
Episcopal Group
Evergreen Villages Foundation
Ethical Humanist Club
Fairweather Friends
Flower Ladies’ Arranging Guild
Friends of San Jose State
Garden Club
Genealogy Club
German Club
Golf/Men’s 18-Hole Golf Club
Golf/Men’s Nine-Hole Golf Club
Golf/Men’s Ironmen
Golf/Women’s Nine-Hole Golf Club
Golf/Women’s 18-Hole Golf Club
Golf/Women’s Short Nine Golf Club
Hadassah
High Twelve
Hiking Club
Investment Resource Club, The Villages
Italian Club
Jazzercisers
Jewish Club
Korean Club
Library
Macintosh Users Group, The Villages
Medical Auxiliary, The Villages
Mexican Trains Dominoes
Music Society
Opera Lovers’ Club
P.E.O. Club
Quilters’ Club, The Villages
Readers, The Villages
Recreational Vehicle Club
Republican Club
Riding Club
Scarlet Sirens
Search the Scriptures
Senior Academy for Education
Senior Resource Services
SIRs Branch 114
SIRs Branch 38
Table Tennis Club, Villages
Tennis Club
The Villages Ukulele Club
All of this in a gorgeous setting for adults over 55+ and we don't even have to put up with hurricanes.
the villages san jose
Right now there are 11 homes on the market ranging in price from $290,000 to $659,000. If you would like to see the current inventory of condos for sale in The Villages of San Jose click here If you would like to see the current inventory of single family homes for sale in The Villages of San Joseclick here.
If you have any questions about buying or selling a home in The Villages Golf and Country Club San Jose please feel free to contact me.
Marcy Moyer
Cal BRE 01191194
650-619-9285

Wednesday, July 23, 2014

The Real Estate Market At The Villages Golf and Country Club San Jose

The Villages San Jose
The Villages Gold And Country Club in San Jose offers a beautiful setting for people 55 and over with a plethora of activities including golf, swimming, tennis, horse stables, fitness center, boccie courts, restaurants, lakes, streams, and miles of trails. It is a fabulous life style for independent adults in the Silicon Valley.
Life at The Villages in San Jose is peaceful with the potential of endless activities. It is also a good deal compared to other developments in the area. However, prices are increasing, and homes are selling quickly, especially those with walk in level entrances.
In 2013 there were 102 condo sales in The Villages San Jose listed on MLS. The average days on market was 34, the average square footage was 1,479, the average price per square foot was $270.20, the average list price was $410,642, and the average sale price was $407,835, and the average age was 34.
In 2014 so far there have been 55 sales in condos in The Villages San Jose on MLS. The average days on market is 40, the average square footage is 1,519, the average price per square is $324.71, the average list price is $503,728, the average sale price is $503,163, and the average age 33 years old. These numbers show that the average sales price has increased almost 20% in 2014.
On the last three weeks seven condos at the Villages San Jose have had offers accepted. The market is definitely active. The homes that sell the fastest tend to have no stairs between the front door and parking. the homes that do have someone above or below and stairs to the front entrance do not sell as quickly, but even 2 of these condos at the Villages in San Jose that had been on the market since March sold in the last two weeks.
So if you are interested in purchasing at the Villages Golf and Country Club in San Jose I would suggest you find a Villages San Jose real estate agent to show you around (they don't have open houses) and find the models you like. When one comes on the market, don't hesitate, as the are going quickly.
If you have any questions about buying a home at The Villages Golf and Country Club in San Jose please feel free to contact me.
Marcy Moyer
Cal BRE 01191194
650-619-9285

Monday, July 21, 2014

The Villages Golf And Country Club San Jose: 55+ Independent Living

The Villages Golf and Country Club in the Evergreen neighborhood of San Jose is a 1,200 acre gated community of independent living for people fifty five years and older. It is composed of 2,309 condominiums, 227 single family homes, an 18 hole championship golf course, 4 swimming pools, 465 acres of open space with hiking trails and parks, 6 tennis courts, horse stables, 2 restaurants, and many man made lakes and walking/bike paths.
It is a one of a kind community for "retirement living" in the Silicon Valley. While there are other places where you can own your own senior home or condo in the area, no other place has this much land or as many activities on the west side of the bay. There is Rossmoor in Walnut Creek in the East Bay, but the Villages in San Jose is a unique "retirement" living situation for people over 55 in the Silicon Valley. I say "retirement" because there are many people who live in The Villages who are not retired but enjoy living in an adult only community.
The condominiums come in 2 styles. Some are single level attached homes with direct entrance from the street or garage. Others are two story with someone above or below you and a small set of stairs to the front door, either going up or down. If the occupant develops mobility problems while living there they can have an electric chair installed to get them into their home.
All of the homes, whether condos or single family homes have no more than 2 bedrooms, but some do have dens. 
The views can be golf course, lake, hills, open space, or rarely other homes. Even if the view is another home there is always some amount of greenery to be seen, along with deer, wild turkeys, and many other species of birds.
The Villages San Jose
The size of the homes ranges from about 650 square feet to over 2500 square feet.
Right now there are 11 homes on the market ranging in price from $290,000 to $659,000. If you would like to see the current inventory of condos for sale in The Villages of San Jose click here If you would like to see the current inventory of single family homes for sale in The Villages of San Jose click here.
If you have any questions about buying or selling a home in The Villages Golf and Country Club San Jose please feel free to contact me.
Marcy Moyer
Cal BRE 01191194
650-619-9285

Monday, July 14, 2014

Six Duties Every Real Estate Agent Owes Their Client, COLD AC



An agent enters into a fiduciary relationship with their client when they sign an agency agreement or also known as a representation agreement. This relationship is a legal relationship which provides for very specific duties owed to the client. Keep in mind, these duties aren’t just moral and ethical in nature but, are as much statutory and legislative as anything else. Two specific types of law are in control of this relationship and they are the Common Law of Agency and Statutory Law. I will discuss those duties below in detail and I strongly recommend that before you enter into any agency agreement with your local licensed real estate professional, you read over these duties and understand them.

Care: The fiduciary duty of care is when an agent is required by law to give his client and the transaction the necessary attention in order to do the job correctly and to avoid any damage or risk to the client. The idea behind this duty is that you, as the client, expect the agent to know more about real estate than the average person on the street. For this reason, the agent should use his knowledge, experience and expertise to your benefit.
When an agent doesn’t exercise reasonable care, a court of law could find that the agent neglected his duty. In situations where the agent was found to be neglectful, the agent could be liable to his client for any loss resulting from the agent’s lack of attention or neglect.
Obedience: The fiduciary duty of obedience is when an agent is required by law to act honestly, fairly and in good faith at all times, obeying the client’s lawful instructions. This duty is fairly self explanatory however, it’s important to remember that this duty is not absolute. The agent doesn’t have to obey any instructions that cause the agent to break the law or violate any moral or ethical standard.
Loyalty: The fiduciary duty of loyalty is when an agent is required by law to place his client’s interest above his own. It has been my experience that this duty always seems to bring the most debate however, the law is very clear. Your agent owes you his loyalty, above his own interest. This brings the most debate because most representation agreement includes commissions that are based on percentages of the gross sales price. In other words, the agent makes more money if he obtains a higher sales price on the home. The reason this can be a source of conflict is that sometimes, getting the most money for a home isn’t the offer that serves the clients best interest. In these types of cases, many agents seem to forget their loyalty duty in an effort to obtain the highest price and therefore, putting their own self interest above their clients. As the agent, we owe our clients absolute loyalty, above our own self interest.
Disclosure: The fiduciary duty of disclosure is when an agent is required by law to keep his client informed of all the facts and any other information that could impact the client. This duty brings in another concept called Material Facts. It’s important to know and understand that the definition of material facts is very broad in order to cover any fact that the client would consider in determining whether or not to engage in the transaction. When you couple the disclosure duty with the care duty, you get an agent who is obligated by law to find the facts that are important to the transaction. In fact, agents can be held liable for any damages relating to not disclosing their knowledge regardless if it’s favorable or unfavorable to their client. The rule of thumb for agents is to disclose everything and if you even have to question whether or not to disclose something, you disclose it.
Accounting: The fiduciary duty of accounting is when an agent is required by law to keep a record and be able to report on the status of ALL funds received on behalf of their client. In many states, agents are required to actually provide accounting records on funds to all parties in the transaction. Here in Tennessee, we are required by law to have funds deposited within certain time frames and they must be deposited into special escrow accounts as to not to co-mingle our client funds with our own.
Confidentiality: The fiduciary duty of confidentiality is when an agent is required by law to keep their clients affairs secret. This is likely the 2nd most hotly debated duty by agents because, not all agents have the same opinion on what is considered confidential and what isn’t. One of the biggest mistakes agents make in regards to this duty is disclosing their client’s eagerness or willingness to get the deal done. For example, your agent shouldn’t be telling the other party things like, “My client really wants this house and he will do what needs to be done to get it” or “My seller really needs to sell.” Statements like these could potentially give the other party an edge in negotiations and therefore hurt the client. Anything you tell your agent should remain confidential with one exception and that is material facts.

As you can see, working with an agent to buy or sell your home has very specific legal duties that are owed to you by the agent. When entering into a representation agreement, it’s imperative that you know and understand these duties. Knowledge of these duties will help you find the right agent for you and your needs. When selling, buying or investing here in Nashville TennesseeLiberty House Realty LLC is aware of our duties to you and are ready to help.

This is a guest blog by:
Jesus "Jesse" D. Gonzalez Jr. Realtor, BBB Accredited Business
Principal Broker / Owner
Liberty House Realty LLC
1709 Ridgemere Ct.
Hermitage, Tn 37076
Designation / Certification: REOPro, RDCPro, NFSTI, PSC Pre-Foreclosure Mastery, PSC HAMP Mastery, PSC HAFA Mastery, PSC FDCPA Compliant, CDAT, HRC, Short Sale Specialist
EMATR Ethics Standard Grievance Committee Member

Thursday, July 10, 2014

How Much Over List Price Are Mountain View Homes Selling for in 2014

Mountain View multiple offers
Anyone trying to buy a home in Mountain View right now knows that it is tough out there. There are many more buyers than sellers and many Mountain View homes sell with multiple offers way over list price. Some homes go as much as 30% over asking, but some do not. How does a buyer make the decision about how much to offer to have the winning bid in a Mountain View condo multiple offer situation and not overpay?
The answer is not simple, and sometimes it is not a question of price, but terms, like contingencies, length of escrow, length of rent back, etc.
But for right now, let's just discuss price. Here are some things to keep in mind when you make an offer on a Mountain View home in a multiple offer situation,
1. In my opinion the most important thing is, how much is this home worth to you? In other words, what price would you offer so that if it sold for $1000 more you would not be sorry because you do not want to pay that much. It may be that you would pay more than your offer if you could, but you can't so you are just doing your best. But if that is not the case you need to decide how much the house is worth to you so that if you do not get it you will not have regrets.
2. How is the asking price of this home compared to market value? If the house is listed low it will get multiple offers and sell for much more. If it is listed at or above market value it will not. This is not rocket science. Figuring out market value can be a little tricky since there are many variables, and the market is a moving target, but a good Mountain View real estate agent should be able to help you analyze comps. Once you know the market value you will have to offer more in an appreciating market like we are in now. Sorry, but that is the truth.
3. What is the style of the listing agent? Does he or she like to list homes very low to get as many multiple offers as possible on their Mountain View listings? Does the agent over value a home to try to get more money for their client, or just try to win out on a competitive listing? Does the agent like to work with multiple counter offers, or accept the the first best offer?  Your agent should be able to give you insight into what other Mountain View real estate agents like to do.
 
In the end, the final offer price and terms will be your decision, but if you have a great Mountain View real estate agent he or she can help guide you through the murky waters of Mountain View multiple offers.
If you have any questions about buying or selling a home in Mountain View please feel free to contact me.
If you would like to search for homes for sale in Mountain click here.
 
Marcy Moyer
marcy@marcymoyer.com
Ca B.R.E. 01191194
650-619-9285

Wednesday, July 9, 2014

Menlo Park Ca: the Perils of Non contingent Offers For Sellers

Menlo Park multiple offers
In this crazy market of homes getting five, ten, fifteen, even twenty offers, everyone knows that buyers are taking a risk when they make a non contingent offer on a Menlo Park home. This means that the buyer is waiving all rights to inspect the house as well as any rights to back out of the offer on the Menlo Park home for sale if the bank turns down the request for a loan. A non contingent offer on a Menlo Park home also means that no matter what the home appraises for, the buyer agrees to make up the difference in cash.
Here is how it works.  The home is listed for $995,000. The winning offer is $1,300,000. The buyer is going to put 20% down or $$260,000 and get a loan for $1,040,000.  The buyer shows proof of funds of $350,000.
Now let's say the Menlo Park real estate agent representing the seller believes that the comps for the house proved the home was worth between $1,100,000 and $1,150,000 and is suggesting listing under a million to generate a lot of offers.
If the seller picked a great Menlo Park real estate agent then he or she should be very confident that an appraiser will also feel the home is worth $1,100,000 to $1,150,000. If the home appraises for $1,150,000 then the bank will loan 80% of that number or $920,000 and the buyer will need $380,000 for the down payment as well as money for closing costs and reserve requirements from the bank.
You can see from this example that the buyer of this Menlo Park home for sale is going to be in trouble. With only $350,000 in available cash the deal is not going to work.  This buyer has aspirations that do match with his/her wallet.
The consequence to the buyer is that the non contingent offer does not give him/her an out and the 3% deposit made with the offer is at risk of being forfeited. This is common knowledge, but what about the risk to the seller.
People rarely talk about the seller's risk in a transaction. Even in this hot Menlo Park seller's market the seller can be left in a bad situation if the first buyer can not perform. You may have a back up offer but that person may have already found another home or had a change of heart. The word will get around that the home only appraised for $1,150,000 and so getting $1,300,000 for your Mountain View home may be tough. Getting $1,250,000 at this point could be tough.  Also, you could potentially lose weeks of time which can disrupt the plans of a Menlo Park home seller, or put the house back on the market at a less favorable time.
The lesson to be learned here is that in looking at offers the highest may not be the best. Your Menlo Park Real Estate agent should help you analyze which potential buyer has the best chance of closing the deal the first time around.
If you have any questions about selling a home in Menlo Park please feel free to contact me.
Marcy Moyer
Cal BRE 01191194
650-619-9285