Real estate agents who want to be successful in this business can’t hide in their shell or be a “wilting lily” - at least not in Silicon Valley.  Being able to get out there and find new clients with whom to work, encourage offers on listings, and negotiate well for buyers and sellers all require a level of assertiveness.  We may need to work outside of our comfort zone if the situation requires it.

But sometimes real estate sales people can go too far and venture into aggression instead of assertiveness.  The words “pushy” and “salesperson” almost seem to go together at times, don’t they?  (Personally, I hate buying cars because I loathe being on the other end of what feels like pushy sales tactics.)

A few years back, someone I met at an open house said that he didn’t need to like his agent because the agent wasn’t someone he’d want for a friend – it was someone who would push through what needed to be pushed and he didn’t need to be likable.  I found that a really interesting idea, but fundamentally, I disagree with the guy’s premise that successful Realtors basically have to be jerks.  It just isn’t true; in fact, the opposite is the case.

The most successful real estate agents share a few recognizable traits, at least most of the time.  I will list them off as I see them – not every top Realtor will possess all of these habits, skills or traits, but as a group, they emerge as a commonality found among most of them.

Top Silicon Valley real estate agents share these traits (at least most of the time):

1. Prospect or market themselves continuously to attract new business (they cannot simply work on today’s business or tomorrow they will be unemployed).
2. Have systems in place for how to work with buyers, sellers, sales in contract, prospects who are long term, follow up etc. Good systems are crucial.
3. Work well with other agents and consumers – they play fair, communicate well, respond in a timely manner.  They are usually well liked by their colleagues. (This helps you to sell or buy a home – agents want to work with others they can trust to work well and fairly.)
4. Know the contracts and forms and use them appropriately. They explain the contract to their clients so that expectations are in line.  Surprises are bad most of the time and can be avoided if everyone understands exactly what they are agreeing to.  And the contracts we use are clear: if it’s not in writing and agreed to by all parties, it is not a part of the transaction.
5. Present their listings in their best light with enough photos, good descriptions on the MLS and online, make sure the home is staged or at least tidy and decluttered. You won’t find their photgraphs on the Facebook group’s page “Really Bad MLS Photos”.
6. Take care of any mistakes they make to the best of their ability. (Mistakes happen: the question is, how do you address it when they do?)
7. Can be both assertive and pleasant, not rude.  They are mannerly and follow instructions on the MLS when showing homes and abide by their clients wishes as to when and how to be contacted.  They are not afraid to ask tough questions or work around obstacles.
8. They work hard and don’t blame when things go awry.  The go the extra mile – and will even ask if it’s possible to present an offer in person.
9. Are discreet.  They don’t talk about their high profile clients or their business, but know how to keep personal matters (that don’t involve others) personal.

Recently I had a listing in which the MLS clearly stated that showings were by appointment only.  The for sale sign had a rider with the same information on it:  “Appointment Only”.  But because some agents don’t behave, naturally one of them knocked on my clients’ door a couple of hours before an open house and asked to be let in.  The answer was no.  Not only was the answer no, but the seller remembered this guy and later wanted nothing to do with him or his buyers.   His behavior crossed the line.  If you’re rude before you’re in escrow, when you should be trying to make a good impression, what would you be like if my clients accepted your offer?  Thanks but no thanks.

Another story of an agent who went too far:  at an open house of my listing, where there were many buyers and agents circulating through, one real estate licensee loudly called out all of the defects or flaws in the property.  The sales person holding this house open for me said that some  buyers left when they heard him. Didn’t sound like much of an accident.  That kind of nastiness makes it easy for an agent and her or his buyer to be passed over in a multiple offer situation.

A year or two ago, I was holding a listing open with another realty  agent, a friend and colleague of mine.  The open house was packed and there were agents showing the house as well as neighbors and serious buyers all circulating around.  I could just hear the tone of voice a showing agent was using on my colleague when asking her questions.  This real estate licensee sounded like he was being very critical, there was an ugly undertone.  Although it was hard to hear what was said, I could get the vibe – and it wasn’t nice.  Later, this same guy presented one of many, many offers on my listing. He was terribly pushy then – sort of slimey pushy.  I was relieved that he had the worst offer.  If necessary, of course, I could have dealt with him but what a relief to have a much more pleasant person on the other end of the transaction!  My clients were relieved too. In a tie, guess what? The nice agent/buyer(s) usually wins.

It is a huge mistake to think you should hire an aggressive agent, a pushy sales person.  Don’t do it.  Your agent is in many ways you – he or she represents you.  If you want to be perceived as someone nasty, then go ahead.  But you attract more flies with honey than vinegar, as the saying goes.

For further reading:

Do you need to like your real estate agent? Do you need other agents to like yours?

What do Silicon Valley real estate agents do?  (you might be surprised how they spend their time)

How responsive should your real estate agent be?

Silicon Valley Home Buyers: Should You Use a Buyer Broker Agreement?

San Jose’s Cambrian, or Cambrian Park, area is a very hot seller’s market.  Multiple offers are not uncommon, especially in the Union School District, where schools are trending upward.  My Cambrian Park Real Estate Report has just been published with the updated numbers from the closed sales in April. Please click on the link to see much more information there.

Prices are up nicely year over year! Inventory is crazy low – just 35 homes for sale in April compared to 57 in March and 84 in April 2011. Days on market is far lower too. All around, it is a deepening seller’s market.

Even stronger is the Cambrian condo market, which is skyrocketing!!!  Please see the Cambrian Condominium & Townhouse Real Estate Report for all of the numbers, but I’ll include a quick summary below.

Here again, notice the ratio of active to pending homes, the sale vs list price (over 100%), and most of all, the tremendous rise in both the average and median sales price.  Few homes closed escrow in February, so it is possible that these numbers are a little exaggerated.  We will know more in a month – if it’s a trend or if this is a fluke.

Now let’s work with Altos Research’s graphs and get a feel for the Cambrian realty market in “real time”.  These use list prices, whereas my REReport uses sold data.

First, the statistics by quartile for houses in San Jose 95118:

Next, the stats and trends by price quartile for houses in San Jose 95124:

Median list price of homes for sale in 95124 and 95118 (all quartiles combined):

Very interesting that the 95124 pricing appears to be swinging upward while the 95118 pricing continues to go down.  I believe that this is mainly because the schools in 95124 have been trending upward strongly with the API scores.  Prices are also at a higher level, and those are less impacted by short sales and REOs countywide.  So it may be the result of multiple factors.  (95124 is about 2/3 of the Cambrian real estate market.)

Inventory in Cambrian area of San Jose 95124, 95118:

Surprising, isn’t it, to see how differently these two San Jose zip codes are behaving from each other?

Average days on Market in San Jose’s Cambrian area

And again, really different trends on these neighboring zips, both in Cambrian!

Another anecdotal story to share: Recently I closed the sale on my listing at 5114 Nerissa Way in Cambrian with Union Schools and Alta Vista in particular. We were listed at $579,000 and received 4 offers and sold at $585,000. Interestingly, we received 2 nearly identical “best” offers, both at $585,000. One was completely As Is and the other was almost As Is (they wanted a fumigation and pest clearance provided).  That is usually a pretty good affirmation of market value, and the property did appraise at the sales price.  The other two offers we got were below list price.  One was all cash and it was extremely low.  Buyers who are purchasing without financing sometimes misunderstand the type of discount that their all-cash status will get for them, so sometimes the worst offers are all cash and that was the case this time.

Want more info on your neighborhood, your house, or your target home to buy? Please call me!

Showing properties 1 - 5 of 37. See more 95124 zip code real estate.
(all data current as of 5/23/2012)

1. $1,299,999 : 14904 Leigh Av, San Jose
   
   4 beds, 3 full, 1 part baths

   Home size: 3,340 sq ft

   Lot size: 10,125 sqft
   
2. $682,950 : 3591 Gavota Av, San Jose
   
   3 beds, 2 full baths

   Home size: 1,600 sq ft

   Lot size: 7,500 sqft
   
3. $1,180,000 : 1777 Kirkmont Dr, San Jose
   
   4 beds, 2 full, 1 part baths

   Home size: 2,306 sq ft

   Lot size: 8,249 sqft
   
4. $515,000 : 2798 Custer Dr, San Jose
   
   4 beds, 2 full baths

   Home size: 1,320 sq ft

   Lot size: 8,493 sqft
   
5. $599,888 : 3539 Calvin Av, San Jose
   
   3 beds, 2 full baths

   Home size: 1,300 sq ft

   Lot size: 6,600 sqft
   

Listing information deemed reliable but not guaranteed. Read full disclaimer.

Showing properties 1 - 5 of 21. See more 95118 zip code real estate.
(all data current as of 5/23/2012)

1. $670,000 : 4241 Ranwick Ct, San Jose
   
   4 beds, 3 full baths

   Home size: 2,199 sq ft

   Lot size: 5,000 sqft
   
2. $785,000 : 3339 Beacon Ln, San Jose
   
   3 beds, 2 full, 1 part baths

   Home size: 1,952 sq ft

   Lot size: 6,784 sqft
   
3. $998,000 : 5715 Mireille Dr, San Jose
   
   4 beds, 2 full, 1 part baths

   Home size: 2,000 sq ft

   Lot size: 6,566 sqft
   
4. $649,000 : 1373 Adobe Ct, San Jose
   
   4 beds, 2 full baths

   Home size: 1,966 sq ft

   Lot size: 8,800 sqft
   
5. $499,500 : 5576 Dwight Av, San Jose
   
   3 beds, 2 full baths

   Home size: 1,401 sq ft

   Lot size: 6,000 sqft
   

Listing information deemed reliable but not guaranteed. Read full disclaimer.

Browse lists of Cambrian & Cambrian Park homes for sale:
Houses for sale in the 95118 part of Cambrian
Cambrian Park Houses for Sale in 95124

Mary Pope-Handy, Realtor, CRS, ABR, e-PRO, SRES, ASP, CNHS, ACRE
Helping Nice Folks to Buy & Sell Homes Since 1993
Co-Author: “Get The Best Deal When Selling Your Home In Silicon Valley”
408 204-7673 (Cell)
emailto: Mary (at) PopeHandy.com
Blog: www.LiveInLosGatos.com & www.ValleyOfHeartsDelight.com

Home buyers (and sellers too) here in Silicon Valley like to “see the comps” when trying to determine fair market value or the probable buyer’s value for real estate.  Usually that translates into seeing what sold & closed escrow recently and for how much.

In a rapidly appreciating market and a strong seller’s market, though, the comps are not so much help as you might hope.  They are yesterday’s news!  What closed escrow last week was negotiated 30 or 35 days prior, in most cases.  By the time a San Jose area home is on record as a newly closed sale, it may already be out of date information. Not only that, but the MLS won’t tell us, at least not in most cases, how many offers there were or details about them - such has how many of them were all cash offers.

I see this mistake a lot in my real estate practice across Santa Clara County.  Clients want to view sales around a property they’re interested in. With our terribly severe inventory shortage, there may not be enough recently closed sales – so we look further out in location, futher back in time.  If prices are going up fast (as they are in Cupertino, Palo Alto and elsewhere), the only way you will be in step with the market is if you also factor in the appreciation that has likely taken place since each comparable property has closed escrow, whether that was 2 weeks ago or 3 months ago.  And that’s hard to guage.

What to do, then?

Your best knowledge will come from or be supplemented by information from pending sales; the most recent ones and closest ones are going to be the best, of course.  This is where your agent may be of great help to you either from the networking he or she does naturally, from direct experience on sales made or lost, or from proactively reaching out to listing agents to see if they can glean some information.

Addionally, you will want to factor in the number of offers a property is getting before deciding the price you will offer.  It is another very common home buyer mistake to look at the price of sold homes nearby, determine what seems fair, and then plough ahead without considering the level of interest that the house or condo is generating.  If there are multiple offers, you can reasonably expect that most of the time (if not all, in today’s market)  the sales price will be above the list price.  It will be unproductive for you to lowball (writing an offer more than 5% or 10% under list price).  Even if your offer is all cash, remember that sellers want the most possible for their property – they are not going to give you a huge discount on pricing.  Some, yes – in my experience usually around 2-3% – but not a huge amount off. They would rather wait a month and get a lot more money!

Factoring in the absorption rate (months, weeks or days of inventory) may be helpful to you also, especially if you cannot get info on the homes which are sale pending. (My Santa Clara County REReport includes this information, btw.)

In summary, don’t just look at the comps – they are a backward and incomplete view of what happened when the sale was negotiated.  Consider what’s under contract or pending now, and perhaps above all, take into account the current competition for the property you want.

Multiple offers continue to be a common occurance in the Silicon Valley real estate scene right now.  When there are an abundance of home buyers for one property, it can be overwhelming for the seller.  Some home owners may want to issue a multiple counter offer to the best qualified, most serious bidders.  But not all do.  You should never count on it.

Sometimes property owners in the San Jose area simply accept the best offer.  If so, that’s the end of the story. It does happen.

Often, the highest price is not the offer with the best terms, even in a bidding war.  Home sellers want both, of course – the least risk with the most cash. (Sometimes there are other factors, too, such as a rent back, escrow length, or other issues beyond cash and risk.)  In those cases, frequently the Realtor or real estate sales person (the listing agent) will coach the seller to counter one or more of the better buyers (best prices and terms) to improve the final sale on both counts.   Some sellers don’t want to do this, though – it’s stressful, they are afraid that everyone will say no and they’ll be left with the property unsold.  Alternatively, then, they may counter only one offer – and tell the buyer’s agent that they are the only one, at least for now. If negotiations don’t work with the first buyer, the listing agent may go back to the others.

Meanwhile, everyone waits, everyone wonders what’s going on.  The longer it takes to hear back, usually the lower the odds are that their contract will be the successful one, or even one getting a counter offer.

Why didn’t I get a counter offer?  Why didn’t the seller at least give me a second chance? Buyers wonder this all the time.  Some buyers submit 5 or 10 offers, all unsuccessful, and they still wonder.  The harsh reality is simple: your offer wasn’t good enough.  Either your price or your terms (or supporting documents) didn’t cut it. Write your contract as if you only have one chance, because that’s the reality most of the time.

What is an exclusion in a real estate contract? What is an inclusion? Both of these refer to fixtures at the property which is for sale.

Generally speaking, a fixture is any item affixed or attached to the house, townhouse, condo or property which is installed with the intention that it be there permanently. For example, cabinets in the bathroom, kitchen or elsewhere are fixtures. So are lights mounted from the ceiling, built-in ovens, in-ground (not potted) rose bushes.  The exception to the rule is anything attached solely for earthquake safety.  This would be the case if you have a large hutch which you have bolted to the wall so that it doesn’t topple in the case of a big quake. In Silicon Valley, fixtures are normally included with the sale of the home.

Exclusions refer to fixtures which the seller does not want to include with the sale of the real property (real estate).  For instance, there may be a light fixture in the dining room which is a family heirloom and the seller does not want to leave it with the house.  It would be noted either in the MLS, with a note at the property or mentioned when the buyer’s agent calls the listing agent to ask about offer instructions. Other examples could be a special fireplace screen, curtains in one or more rooms (may match a bedspread or other decor), or even a rose bush in the garden that has sentimental value.

Inclusions refer to personal property (property which is not affixed) which the seller will leave even though it is not required since it’s not attached.  Commonly we see refrigerators, washers and dryers included, even when they are not attached.  Sometimes furniture may be negotiated also, such as patio dining set, a sofa or perhaps a very large dining table that won’t fit into the seller’s new house, but fits where it is perfectly.

It is important to note that if an inclusion is mentioned in the MLS, it still should be written into the purchase agreement if the buyer wants it (and this is written into the contract form as a reminder). Otherwise the seller is free to donate, share or sell those items.

When in doubt as to whether or not something is included or excluded from the sale, always ask before writing or accepting a contract to avoid unhappy surprises or conflicts later!

Home buyers in Silicon Valley are getting frustrated, discouraged and disheartened as they write offer after offer, only to lose out in multiple bid situations. It’s not just the poor FHA home buyer either – this is happening to those with 20% down and more too.

What can be done to improve the odds of success?

Sometimes the buyer’s agent either does or doesn’t do certain things which can impact how your real estate purchase offer is viewed by the listing agent and seller(s).  Here are 5 important things that the buyer’s Realtor or sales person can do which will help the odds of success:

1. The agent should read the MLS printout carefully to see if there are any instructions regarding offers.  This one may seem obvious. but too many buyer’s agents just draft the offer and send it in, ignoring information that will probably be useful (such as offer deadline, preferred form - CAR or PRDS contracts, availability of disclosures, the request to call before writing the contract etc.).
2. The buyer’s agent should call or email the listing agent before writing the offer (and after reading the MLS!).  Sometimes there are requirements or just preferences that won’t be known unless contact is made.  Additionally, though, the listing agent will simply want to know about the level of interest and not have any surprises – it’s a courtesy call.
3. The agent should ask if it is possible to present the offer in person…and be willing to do it, of course.  Many seller’s agents won’t want a live presentation (most would email), however the fact that your agent is willing to spend the time and make the effort to present in person usually speaks volumes about his or her professionalism. It’s also a hint that the agent is a cut above most.  In my real estate practice, several times I beat out other offers by asking if I could meet with the listing agent and sellers to discuss my clients’ offer, and then doing it.
   
4. Ideally, the offer package should be comprehensive and come with as much documentation as possible, including an offer summary (by the buyer’s agent), pre-approval letter, copy of the initial deposit check, contract with all initials and signatures and all mandatory spaces completed.  A good buyer’s agent will also run comps and coach the clients on offer price and terms and may encourage the buyers to write a letter to the sellers.  Depending on the circumstances, “proof of funds” may be wise to include too.  Each situation is a little different but the more comprehensive the buyer’s offer package is, the better the odds.  Many agents send over only partial documentation. Don’t let this happen to you!
5. Finally, the buyer’s agent needs to behave with professionalism and courtesy.  This is another point that might seem obvious, but sometimes buyer’s agents say things which are not polite to either the listing agent or, worse, directly to the seller.  When in the presence of the seller, the listing agent and the public especially, a buyer’s agent should not loudly or harshly criticize the property.  That’s just plain hostile and it won’t make the listing agent want to work with that agent (now or later).  Realistic assessment of a home’s flaws is totally fair, but doesn’t need to be done with a bullhorn.  Discretion is appreciated.

It doesn’t happen often, but sometimes agents just don’t slow down long enough to get the process and the offer package “just right”.  It matters because frequently there are several equally good bids on a property, and the one that stands out as better, even by a small margin, will either win the deal or at least win a counter offer.

For more reading:

Silicon Valley real estate bidding wars
Is your lender keeping your offer from getting accepted?
Home buyer tips

Real estate professionals are becoming increasingly aware of the need for caution in their line of work.  It is good for our Silicon Valley buyers and sellers to be aware of some of these issues, since it may not be obvious to everyone:

1. Don’t have your first meeting with a stranger at a home for sale, especially if it’s vacant.  It is best for consumers and Realtors to initially meet in a public place, such as the realty office or a coffee house, and for others to know where you are during that meeting.




2. For sellers who are marketing their home for sale without professional representation, be very careful about showing your property to people who call you from an ad or otherwise learn that your home is for sale. A few years back, an elderly woman showing her condo as a “for sale by owner” was attacked and killed in her northwest home by a pretend buyer.  (Real estate licensees know that agents are murdered around the country when alone or sometimes even in pairs, but home buyers and sellers are not usually aware of this risk to our safety.)  Homes which are shown by real estate licensees will usually be on a lock box – you can be gone when the home is shown, and each agent who accesses the key using the box will have his or her information recorded.  Safety is greatly increased. (I have looked but cannot find the link to that story about the older home seller. If any of my readers remember the city or town and can share that info, I’d be most grateful. I think it was in the greater Seattle area where that crime happened.)




3. Similarly, if you have listed your San Jose area home for sale with a broker or agent, buyers should come to view your house through the proper channels (i.e., during an open house or with their agent, who called ahead of time).  Do not open your door and allow entry in by people who simply “pop by” when they saw the sign, whether they are buyers or agents.  If agents, they can pull up your property’s information on the MLS, call and make an appointment.  If you have a lock box, you can perhaps let them enter if the agent is willing to use his or her display key to open the lock box – officially recording the visit with the agent’s ID now known.




4. For buyers who see signs on properties: do not presume that the house is empty and that you can peer into windows or walk around into the back yard of the house. (I have seen people do this and it is creepy at best.)  You don’t know the situation – the house could be for sale but not viewable.  Some homes are offered with the instructions that the home can only be seen once an offer is accepted (“write offer subject to inspection”).  The home could be tenant occupied.  A resident could be ill.  Children could be in the house and if they look up and see a stranger at the window it will scare them badly. Don’t do it.  (Most buyers won’t do this, but I have seen it often enough that it warrants saying.) If you need more information, call your own agent to pull it up.  If you aren’t working with a Realtor, call the listing agent. In all cases, don’t go onto the property except to grab a flier from the box on the sign post.




5. When entering a home that you have scheduled to see, be cautious and enter slowly to avoid surprising anyone or being surprised yourself.  Sometimes sellers forget that you’re coming, have the time mixed up, or someone in the house failed to tell someone else about the appointment.  When I go into a property with my clients or alone, while previewing, I do so slowly.  First I knock and/or ring the doorbell.  I wait. Sometimes people are in the bathroom, have stepped into the yard or can’t respond fast.  Give it a minute.  Then I’ll use the lockbox, and while opening the door and stepping in I’ll call out loudly, “hello! Real estate!” so that anyone in the far reaches of the house can hear me.This is where you’re most likely to encounter a surprise – when you first enter the home.  I’ve seen just about everything, including unclothed people running for cover, couples who were occupied with each other (they knew we were coming right at that moment!), all kinds of things.  Once I had a small child with a baby snake come running at me, pushing his pet into my face.  (Good thing I like animals and didn’t freak out.)   Sometimes sellers are home but don’t answer the door, so as you go through the house you may find them. (I hate that!  They should at least hollar for us to use the lock box.)  I’ve stumbled onto sellers sleeping on a couch, showering (we leave fast) etc.  It’s not good to either suprise sellers or to have them surprise you!




6. Be cautious when trying to locate the correct house, especially in the foothills or mountains where it can be hard to find some addresses due to private roads, unmarked houses etc.  Once I went down the wrong driveway and had a man emerge from his house holding a rifle.  Another time I went down a wrong driveway – should have been the one next door – and the owner drove up behind me and blocked me in such that I had no exit, came over and started hollaring at me in  a very threatening way.  Turns out I needed to be at his sister’s house next door, but the homes were not well marked and I simply had the wrong leg of the road.  He apologised but it was harrowing.  Both of those experiences have made me appreciate cell phones and GPS (both happened in the early to mid 90s). (The listings agents for these homes should have directional arrows and alert the neighbors about properties for sale nearby.)

It’s very important, when buying or selling homes, to keep your wits about you.  Crazy things can happen so pay attention and follow some basic rules of caution for your safety and that of those around you.

One of the mental traps I see that can foul up real estate expectations across Silicon Valley is the over emphasis placed on “price per square foot“. Here’s where the internet can seriously mislead people into thinking they understand home values more than they do, resulting in botched negotiations, frustration and disappointment. So let’s talk about it.

As one factor among many, it’s completely fair to include the price per SF when trying to determine what a home’s probable market value ought to be. (Remember, too, that a house, condo or townhouse isn’t worth one exact number, but a range – because the terms involved also impact the sales price.)  Although price per square foot is one way of finding approximate value, often is not the best, especially if you use it alone, because there are other factors besides the square footage of the house.  Here are some of the other factors that can mess up that valuation based on price per SF alone:

• precise location (view, proximity to something undesireable)
• lot size
• lot shape & access (flag lots may sell for less than homes directly on the street)
• whether the house is below or above grade/street level (most people don’t prefer being down from the street)
• back yard size
• amount of remodeling (and how recently it happened, whether with permits/finals)
• care for the home
• additons vs original square footage
• whether the street is a good one or full of parked cars & RVs
• sale type – regular vs distressed
• landscaping (especially “hardscaping” – patios, pools, summer kitchens etc.)
• amount of down payment
• whether it’s all cash, conventional financing or if the seller carries a note
• whether there were multiple offers soon after it hit the market or if it was one offer after languishing for weeks or months

The variance from “all original” to “all remodeled” alone can swing value 10% – 20% in the San Jose area.  Add to that other factors and the divergence in value can be much, much greater.

Additionally, smaller homes tend to sell for more on a per square footage basis than larger houses. The reason why is that kitchens and bathrooms are the most expensive rooms, but often there is just 1 kitchen and a similar number of baths with smaller vs larger homes.  Even if the properties are comparable in many ways, a 10% difference in square footage can make the price per SF very wrong.

What about new construction?

In a tract neighborhood of NEW HOMES, if the locations are similar and finishes are similar (no upgrades), there’s a better shot of the price per SF being useful information. Many new homes, though, offer a completed home with basic finishes, and the buyer must opt for upgrades such as adding a fireplace with custom mantle to the family room or master bedroom, better appliances or counter tops to kitchen and baths, etc.  Further, some new homes have basements and it’s possible that they may not be included in the square footage – and yet, of course, they may have immense value!

So even with tract homes, there are lots of caveats.  Additionally, the older a home gets, the less likely this approach is to be accurate because some owners will remodel their home every 10-15 years and others won’t do a thing, not even basic maintenance, and the home will be “tired”( at best) very soon.

Online and automatic valuations

Often when home buyers look at Silicon Valley properties for sale they compare the list prices via online valuations.    The difficulty is that the “auto-comp” figures are often wrong because they are based primarily, if not exclusively, on the “price per square foot” of the house’s listing. The online valuations often pick the middle of the viable range between “total fixer, probably needs to be demo’d” to “completely remodeled or brand new home”.  Most of the time, the “range” is about 10 – 15% from fixer to fixed, so most of the time, the online valuation will be right in the middle with a 5% swing either way. But some of these sites (if you read their disclaimers) say that they are within 80% of market value most of the time.  That’s not too accurate.

Let’s use round numbers to make this easy.  Let’s say that the online real estate pricing says that a home is probably worth $1 million dollars.  It might be that the actual pricing range goes anywhere from $900,000 to $1,100,000, but the virtual pricing tools don’t know if the home is next to high voltage lines, a busy road, is in the lesser school district, is remodeled or what.  Or, conversely, if it’s a short sale, has been a rental property that got totally trashed, or has terrible terrible neighbors in the immediate vicinity who have garage sales on a weekly basis and need safari gear to get through their front yard.  The true market value could be 5-10% higher or lower. It just depends.

So please take these things with a grain of salt.  If you look at the online pricing and decide it’s correct but the house you’re buying is in a lesser location or in worse condition, you’ll overpay.  And if it’s better, you’ll be too low and will wreck your odds of succeeding.  Don’t forget to include market heat when trying to determine the likely selling price of the home you want. If similar homes are getting multiple offers and selling 5% or more over list, then the sale from 3 months ago is only old news, not today’s prices. In those cases, if you only rely on comps, you will find that you miss the mark every time.  Home buyers who lowball their offers in a rapidly appreciating market will find that an expensive mistake to make, with the biggest risk being that they could even price themselves out of the market entirely.

My suggestion is to hire a good Realtor who can assist you with pinpointing the pricing, whether you are buying or selling, so that you can negotiate competitively and get the best deal you can for your home.   I don’t mean buyers hiring the listing agent, either.  When you do that, the agent also represents the seller and may be inclined to fight just for the other side – or for the highest price. Get your own real estate sales person who’s in your corner, helping you to evaluate properties and market value, and who will provide you good counsel all the way through the shopping, contract writing, negotiations, inspections, closing and beyond. There’s no reason to go it alone, and in fact doing so could cost you more in the long run.

For more reading on the same topic:

Assessed Property Value vs. Market Value of Silicon Valley Real Estate

Sometimes the List Price Isn’t the Expected Sales Price, So Run Comps!

What’s my home worth? Home owners may request an online evaluation by me by filling out this form. (The more info you provide, the more accurate the results will be

Large Cupertino view home now available!   10387 Amistad Court, Cupertino California

Fabulous 5 bed + den, 4 bath home with lovely valley views from several rooms!  Room to accommodate two or more generations or live in help if so desired.  Lower level includes 3 bedrooms, 2 bathrooms and bonus room or retreat.  Upstairs are the main living areas (living, dining, family, kitchen, nook), master bedroom suite, one more bedroom and a large den or office.  Living room, office, balcony and master all enjoy views.  Good sized, private yard.  Located on quiet cul de sac in lower foothills, a very easy drive.  Best schools, including Monta Vista High School!

Please enjoy a slideshow of this fine home, and click to see more photos as well as some panoramas.

This property is co-listed

10387 Amistad Court, Cupertino California is co-listed with Mary Tan and George Tan of Coldwell Banker in Cupertino, tel # 408 861-8832.

Please stop by our open house this weekend!

This fine home will be open Saturday, 3/31/2012 from 1:30 – 4:30 (hosted by Mary Tan) and Sunday, 4/1/2012 1:30 – 4:30 (hosted by me, Mary Pope-Handy)

More information on  10387 Amistad Court, Cupertino California – a beautiful view home in the prestigious Cupertino foothills!

We're sorry, but we couldn't find MLS # 81211438 in our database. This property may be a new listing or possibly taken off the market. Please check back again.

More information on the City of Cupertino

Cupertino, California attracts Silicon Valley’s best & brightest, both to for work (most known workplace is Apple) and for home (extremely highly regarded schools).  Once an agricultural hub, the area used to be just as renown for apricots, prunes, cherries and grapes.  Those who remember Silicon Valley as “The Valley of Heart’s Delight” can attest to the orchards, farms and vineyards that once lined Sunnyvale – Saratoga Road and were part of the Blossom Tours.  Some of those agricultural spaces are still around today, but a little harder to find.

Cupertino views

In the high tech hustle and bustle, it is often forgotten not just that the area had a great agricultural past, but that even now, much of Cupertino includes scenic views of either the “blue hills”, the coastal range, or, if you’ve got some elevation, the San Francisco Bay, downtown San Jose, or all of Santa Clara County and The Peninsula.  Additionally, some homes enjoy views of Stevens Creek, Stevens Creek County Park or the beautiful 92 acre Stevens Creek Reservoir.   Wineries such as Ridge Vineyards are high enough on Montebello Road to enjoy spectacular panoramic vistas of both the bay, the whole south bay and in some cases as far as San Francisco on a clear day.   While some Cupertino neighborhoods are indeed terribly crowded with tract homes on small lots (a complaint often echoed against it now), that is not true for the city as a whole – there are many beautiful areas, some with stunning views.

These Cupertino view homes offer enduring appeal to the home buyer who wants top performing schools, a convenient commute location, and aesthetic surroundings.  View properties are always highly prized, but all the more when they come with great schools and convenience too.

Browse Cupertino View Homes for Sale

Find a Cupertino view home for sale, enjoy top schools, a great community and scenic vistas!  Browse list below, no registration!

Buyers who are getting slammed out of the Silicon Valley real estate market due to low inventory and multiple offers are extremely frustrated. In many cases, they write offer after offer, and each time not only are their bids rejected, but they never even get a counter offer.

You should not depend on getting a 2nd chance, of course.  Just because you write a contract on a San Jose area home does not mean that the seller needs to give you a counter offer.  Some agents and sellers don’t respond at all – not nice, but if you get dozens of offers, sometimes that does happen.  Sometimes they just take the best offer and run. Othertimes they only counter the best offer and forget the rest.

The question arises all the time: why isn’t my 20% down offer just as good as the 50% down or the All Cash offer? Isn’t 20% down good enough?

Cash is better because there’s less risk

Twenty percent down is “good enough” if there are no other offers. If it’s multiple offers, though, it’s probably not sufficient for most sellers provided that the all cash offers are written with realistic pricing. Right now, 25% of all sales in Santa Clara County are all cash, and sellers would far rather deal with an offer that includes no finance or appraisal contingencies.  For sellers, the fewer contingencies the better and no contingencies is ideal.  Particularly now, when we are seeing a very sudden and dramatic upswing in pricing, appraisal contingencies can kill an offer’s chances of success. With all cash, there is no appraisal at all – it’s a slam dunk on that front.

What happens if the property doesn’t appraise?

With the 20% down (or FHA or other loan product) situation, if the property does not appraise to the sales price, either the buyer will have to put in more cash, the seller will have to reduce the price, or the house/condo/townhouse will end up going back on the market.  That appraisal is a great “safety net” for buyers but for sellers it’s an albatross!

Don’t lose heart, many cash buyers are unrealistically low in their bids

What I’m finding is that with multiple offers and cash buyers, some of those with money in hand are overly confident on what that no-loan status will bring them.  Recently I got 20 offers on a Santa Clara condo listing, 8 of them cash, but of those, only 2 or 3 were really ever contenders.  The rest of the buyers who were flush with money grossly under bid the home.  The cash is probably worth a 2-3% discount – but some cash buyers were off by much more than that – a giant gap of more than 15% from the lowest cash offer to the highest financed offer.

In most cases, the best cash offer will get a counter that raises it closer to the financed offer – but perhaps not all the way to that amount.  But the unrealistically low cash offers will get completely passed over.

As a buyer with a loan, what can you do?  Here are a few ideas:

• Try to avoid multiple offer situations (that may mean bidding on properties which are overpriced, distressed, need work etc.)
• Ask your agent to assist you in finding off-market properties (this will probably involve your signing a buyer broker agreement, since the MLS is the way in which agents are promised compensation for their work)
• Analyze which parts of the valley appear to be over heated – are there other areas which would suit you as well which are not getting so much attention? you may find a much better deal, and better odds, there.
• Find ways to make your offer less risky to the seller.  Some buyers will write non-contingent offers (no loan or property)

It’s hard to be a buyer right now, especially a first time home buyer.  There are often lots of offers written before one gets accepted.  If you can bring in a larger cash downpayment, it will improve your odds tremendously.  Cash remains king!

What is a real estate bidding war, and why is it back in Silicon Valley?

It is a supply and demand issue.  When there’s not enough supply for the demand, prices get pushed up.  The way that this happens is often through bidding wars.

When a lot of home buyers want the same property and write purchase offers for it, we have multiple offers.  In some markets, multiple offers come in at or under list price (I have seen this in cooler markets). But when the realty market is an overheated sellers market, inventory is too low for the demand, prices rise with those multiple bids.  Then you have bidding wars.

This can happen intentionally, as when home sellers knowingly under price the property to attract multiple buyers, or it can happen unintentionally, when the owner and agent priced the home in line with the comps and the market, but there’s an unexpected avalanche of interest. (The latter just happened to me when I priced a listing to be exactly in line with the market, but got 20 offers and a lot of overbidding.)   Either way, the result is similar.  Buyers up their price and sweeten their terms to win the deal.  Here’s what can happen:

• offers come in over list price
• usually the escrow period is short, to assure the seller it’s a “done deal”
• if owner occupied, often there’s a free rent back of a month or two
• some buyers may offer to pay costs that customarily are paid by the seller, such as an owner’s policy of title insurance, the escrow fee, transfer taxes, and in some cases, even the commission
• most of the time, “cash is king”, and the all cash offers will win the deal (or large down payments) – very hard for 20% down or less to compete against cash offers because they usually include an appraisal contingency (with prices escalating, many homes won’t appraise)
• many offers with no contingencies for inspections, loan, and appraisal – non-contingent offers can be dangerous, most of all if there are no presale disclosures or inspections
• most offers will come with proof of funds
• some will have the disclosures already signed too
• some will include a letter from the Realtor, the buyer or both – buyers may also include a photo

But let’s focus on the bidding part in particular for a moment.  How is all of this a bidding war? Is it just that offers come in over the asking price?  Yes, but sometimes even more is going on too. Let’s look at that now.

Sometimes an offer is submitted when it appears that there are only 2 or 3 others, but within a day there are 10 offers.  That is a very different landscape!  The buyer who submitted the offer earlier may submit a new offer, without even knowing what the prices are – often it’s just a new page 1 of the contract since that’s where the pricing information is.

As more offers pour in, the listing agent may tell the buyers’ agents what the status is.  More buyers may “improve” their offer, essentially bidding up the price before there’s ever a presentation to the seller or a counter offer to be seen (or hoped for). The bidding can be self-inflicted, in other words.

Once the seller sees the offers, there may be a counter offer to one or more of the bids – though perhaps not.  Buyers should NOT count on the opportunity of getting a counter offer (a mistake I see all of the time).  The old saying that “you only get one chance to make a first impression” counts here.  Some sellers will simply pick the best offer and be done.  Seeing a stack of contracts and all the ancillary documents can be overwhelming and exhausting for sellers – so many do not want to deal with countering a lot of them.

During the counter offer period, if it happens, some buyers may accept the seller’s price and terms.  But some buyers will go a step further and up their offer and terms further – either in a new counter or yet again with a new page 1 of the contract.  Here you really see “bidding wars” in action!

You may be wondering why we don’t just auction houses instead.  That’s a valid question.  It does happen in many countries around the world (Australia comes to mind first).  There are some auctions of houses here, too, but it’s not popular just yet.  Who knows, it may come to that at some point. But right now, most of Silicon Valley real estate is sold the normal way, but often with extraordinary circumstances when there are many buyers seeking the same house, townhouse or condo.

It’s a red hot seller’s market in Silicon Valley right now, meaning that there are more buyers hunting for just the right property than there are listings available.  The end result is multiple offers, bidding wars, pre-emptive offers and rapidly escalating real estate prices in many areas and segments of the market.

When there are lots and lots of bids on a San Jose area home for sale, what do home sellers do?  Most of the time, sellers begin with an “elimination list”.  That is, they start by deciding what they do not want to deal with. The more offers there are, the more critical this becomes since sellers normally don’t love the idea of reading 10 or more stacks of offers.  (Remember, the confused mind says no!) 

Sellers need to simplify their choices, and one of them is by eliminating the worst offers first.  A question for you to consider, if you’re a home buyer in Los Gatos, Saratoga, Campbell or anywhere in Silicon Valley is this: is your lender keeping your offer from getting accepted?  Does your lender make your offer worse to the seller? Sometimes that is exactly the case.

In some cases, certain banks or even credit unions are falling into the “elimination” list for some sellers as their agents may have advised them those lending institutions are slow or difficult.  Most of the time, these are the big banks – the ones that REO or short sale listing agents are demanding that consumers use for a pre-approval for submitting offers: Bank of America, Wells Fargo, and sometimes others, too.  If the listing agent has had a bad experience with the buyer’s lender, there’s a very good chance that the offer in question will have much lower chances of success in multiple offers.

What’s a buyer to do?  Should you work with a direct lender (bank or credit union) or a mortgage broker?   Yes.  Sorry, lender friends, but maybe the answer is both.  At least if you’re shopping all sale types (regular and distressed properties) in Santa Clara County.  For purchasing short sales or bank owned homes, you’ll pretty much be forced to use a direct lender.  For regular sales, much of the time it’s not a huge plus to be with direct lenders in some cases because they have been extremely difficult for real estate professionals to deal with in the last year or two when it comes to funding loans. 

Last fall, for instance, I had buyers who were using B of A on a great sale where they were putting 2/3 down and had only a small conforming loan. It was to be a 30 day close of escrow, but it morphed into a 45 day transaction due to repeated mistakes and ommissions by the bank. (Luckily the lender did pick up the tab for those damages, but it was very stressful and upsetting for all.) 

I have never been a fan of “double apping” for a loan but in these days, it might be the best course of action for San Jose area home buyers who are bidding on both regular and distressed properties.  At the same time, there are some mortgage brokers who ALSO work as mortgage bankers, funding their own loans so that they can close faster.  That might do the trick for the short sales and REOs, though most of the time the listing agent demands a “major bank”.  Alternatively, you might try working with a smaller, local bank (coming to mind: Bank of the West) that doesn’t have the nightmarish reputation of the giants.

Yesterday I held an open house at my condo listing in Santa Clara.  Three different buyers told me that they wanted to write an offer but didn’t have their own agent. (What a big mistake!  Would you go into court without a lawyer?) Some of them thought that perhaps the listing agent could write up their offer – hopefully causing the price to fall.  One home buyer, though, wanted to write the offer without the help of any real estate agent at all.  Her thought was that the price would sell for less since only one agent was involved.  Wrong again.

The idea that these buyers have in common is that the buyer’s agent’s commission is somehow up for grabs.  But that’s not how it works.  We have 2 sets of contracts in our area, the CAR and the PRDS, but have a look at what the CAR offer says about broker compensation (found on page 8). Please pay attention to paragraph D below:

Who will get compensated at close of escrow?  Not just anyone, and not just any real estate sales person or licensee. The broker must be a participant of either the local MLS or a reciprocal MLS, or there must be a separate contract signed that provides that the buyer’s agent will get the commission.

So a real estate licensee who’s not a member of the MLS is probably out of luck.

Why is that?

The multiple listing looks to consumers to be just a big database of homes for sale.  That’s what is on the surface, however it misses the point. The reason the multiple listing service  exists is found in paragraph D above: fundamentally, the MLS is a broker-to-broker offer of compensation if the cooperating agent or broker brings a buyer to the table and it results in a successful sale.

Not a member of the MLS? This offer is not for you.

The workaround, of course, is that there is a form that smart agents can use if they are dabbling in sales outside of their own MLS area, or if they are not members of the local or cooperating MLS.  But the listing agent does not have to agree to it – does not have to agree to pay non-members of the MLS.

What if there is no other agent involved in the Silicon Valley real estate transaction?

The commission amount is set between seller and broker (agent) when the listing papers are signed.  The commission agreement sets for the possibility that another agent will be involved from another brokerage, and if that happens, there will be compensation shared.  If not, the listing agent gets the full commission.

The commission is not up for grabs.

If you’ve ever had the experience of selling your car, perhaps you’ve also had someone phone you who’s never even looked at your vehicle and ask you “what’s the lowest price you’ll take?”  Most of the time, auto sellers aren’t too happy with that question: the caller is low balling without even looking at what’s for sale.

That happens in real estate sometimes, too.

Today I got a phone call from a Silicon Valley condo buyer who asked me, without having seen my listing, “will the seller take less?”

Not a great question, for a whole lot of reasons.

First of all, part of a real estate agent’s duty is to protect the seller – and that means not telling consumers the lowest amount that a seller would take, or even if a seller would take less at all (unless, of course, the seller gave express directions to do so, which is very rare indeed).

Secondly, it is a little insulting to call on a property you’ve never viewed and start to verbally bargain down the price, or fish for the lowest possible price. What that does is make the listing agent feel “on guard” from the very beginning. Guess how that impacts your position if there are multiple offers?  You will have made an impression – but not a good one!

Most of the time, a home buyer is better served to not call the listing agent directly at all, but instead to have his or her buyer’s agent place the call to get some information.  There are better ways to figure out if the seller is motivated,  how the pricing looks, whether there will be multiple offers etc. – and Realtors and other real estate licensees are usually pretty practiced at getting the information without damaging the buyer’s position for offers or even potential multiple offers later.

Most of us wouldn’t try to represent ourselves in court, but sometimes don’t appreciate that these same principles apply with real estate; that is, the value of having a fiduciary, an agent, helping us not just when the offer is presented but every step of the way.   Let your agent represent you from earlier stages, and you will likely find that you are presented in a better light than you could do yourself.  Think before you pick up that phone and call the listing agent directly!

In Silicon Valley, the prices of houses are rising fairly dramatically right now. In some cases, it’s 10% or more month over month for certain types of homes & price points.  I’m frequently seeing houses in the $900,000 to $2 million range getting multiple offers (5-7) and selling for $50,000 to $150,000 over list price. In Cupertino and Palo Alto, it’s worse – sometimes more than 20 offers per house!

With rapid housing price appreciation in Silicon Valley, home buyers who are “patiently waiting” for more inventory and just the right house to come on the market can end up finding themselves “priced out of the market“.

What does it mean to be “priced out of the market”?

In a nutshell, it means that while a few months before, you could afford the type of house you wanted (more or less), but prices have risen so fast that now you feel that you cannot buy anything at all. You feel that it’s no longer worth it to buy – so you continue to rent. And you continue to watch prices rise, both for the home you wish you had bought but also the rents over which you have no control. The gap between what you could have bought (but didn’t) and what you can buy now can mean the difference between fe3ling able to buy a home and not.  When the gap gets too big, you are “priced out of the market”.

Have you been patiently waiting for just the right house to come on the market?  Let me suggest to you that it may not be forthcoming.  It is very possible that while you watched the market last year, prices were getting primed for a rebound of sorts. It’s now underway and guess what?  What you could afford a year ago is no longer possible today!

This is one time when waiting does not pay off!

Why do buyers wait when they might do better to jump in?

• they may be unrealistic as to what the market will bear (sometimes despite the statistics)
• they are cautious to the point of being unable to move forward
• they are listening to bad advice (at work, from friends etc.)

Want to be a home owner in the San Jose area? Hire a great agent, but then LISTEN to him or her! Pay attention to the stats (such as www.popehandy.rereport.com ) but remember that there’s often a lag time between what’s happening “in the field” and what’s apparent in the statistics.

If you need a reality check, go visit some open houses.  Today some buyers of mine and I visited a few open houses in Cupertino. At each one, it was a zoo!  So many people that I felt almost claustrophobic!  (Seriously, I loathe thick crowds, and these were fairly bad.) I asked the agent about offers and was told, at one place, that although it had been on the market just 24 hours, they already had 4 verbal offers – or 4 offers coming – and 10 disclosure packets out. (Old rule of thumb: one offer for every 2 disclosure packages viewed. Not exact, of course!)

This is no time to fiddle and watch Rome burn. If you want to buy a house in Silicon Valley and have been sitting on the fence, this may be the time to get off and dive in.  Talk to YOUR trusted Realtor for guidance as it’s not the same in Blossom Valley or South San Jose as it is in Saratoga or Monte Sereno or Los Gatos.

I’ve told my kids this: if I could, I’d be buying investment property right now.  Fortunately, they are both in a great, private college and I joke that every time I get a paycheck, it goes to their university  in SoCal – so no investment homes for me right now – but oh I wish I could!!

Will you be priced out of the market? I hope not. Check the stats, but talk with your trusted Realtor for guidance. Looking for a great agent? Give me a call and we can set up a time to chat in person or by phone.