patrick.net

HARM and DinOR,

I thought HARM's post over at the SDCIA site was quite genteel. If anything, it useful, helpful advice for a bunch of folks who seem to have lost their way...

Well HARM certainly didn't mince words, now did he!

I'll agree, it was the same level of sobriety one "should" expect when wrapping a sports car around a telephone pole, crawling from the wreckage and asking where the next BAR is!

Uh... dude, don't you think you need a hospital right now, not another bar?

You have to admire the restraint!

I’ll agree, it was the same level of sobriety one “should” expect when wrapping a sports car around a telephone pole, crawling from the wreckage and asking where the next BAR is!

Dude, when I was on jury duty, this describes almost the *exact* scenario we were deliberating over. Except in my case, the defendant had also plowed into a pedestrian and killed him.

Except in my case, the defendant had also plowed into a pedestrian and killed him.

I hope the defendant was found guilty of murder.

He was.

If you have a tricked-out car stereo, start blasting it during the guy’s open houses. If you don’t own one, borrow a friend’s pit bull, get a lawn chair, some 40-ouncers in paper bags, break out your best wife-beater tshirt, and sit in the front lawn during said open houses and stare down every BMW-driving yuppie who pulls up to visit whilst grabbing onto your crotch.

Karma warns that when one day you need to sell because some bad fate befalls you, that something like this may happen.

Just sayin...

Sales here in our West San Jose neighborhood seem brisk. Two homes were listed and sold in under a week (one in the low $800k range, the other $900k). Very depressing……

A peer of a friend was looking to buy in the Fortress area - 1.25m range. Overbid on 5 offers, and lost all of them.

Frickin Fortress.

FyI: No one has yet commented on my SDCIA post, but they haven't taken it down either. So far, they just seem to be ignoring it.

I also used a discounter (ziprealty) and its not worth it.

What's wrong with using ZipRealty? I was thinking about it. Did something bad happen?

HARM,

That must have been hard to sit through. All the deliberation, the depositions, the cross examinations. Uh can't we just hang the bastard NOW?

I have heard paramedic stories (as I'm sure has skibum) where people have been in terrible accidents and don't quite realize they're missing limbs yet? Like the guy that's looking for his prized Rolex (TM) and isn't aware the wrist it was on is no longer attached to his body.

"they just seem to be ignoring it"

Well, ignore it at your own peril. Perhaps he is still looking for his Rolex (TM)? :(

If you have a tricked-out car stereo, start blasting it during the guy’s open houses. If you don’t own one, borrow a friend’s pit bull, get a lawn chair, some 40-ouncers in paper bags, break out your best wife-beater tshirt, and sit in the front lawn during said open houses and stare down every BMW-driving yuppie who pulls up to visit whilst grabbing onto your crotch.
--
Karma warns that when one day you need to sell because some bad fate befalls you, that something like this may happen.

Just sayin…

Possibly. My experience has been that most people who say they'd do this never actually would. And that those who actually would, aren't the sort which are likely to have the same done to them. In other words, you quite likely would end up getting your ass kicked if you tried to bestow "karmic justice" upon Mr. Wifebeatershirt yourself.

My lawyer once gave me very good advice when I was dealing with an ex employee who kept causing trouble a while back. He said, "Don't agitate crazy people. You have a lot more to lose than they do, and they usually don't even know if they have anything to lose at all."

@DinOR,

It wasn't too bad (deliberation only took a few hours), but I was kind of amazed that *anyone* could actually consider letting this clown off on a lesser charge. At least nobody considered letting him go scott-free, though. Our choices basically were: manslaughter or 2nd degree murder.

Karma warns that when one day you need to sell because some bad fate befalls you, that something like this may happen.

This neighbor toolbag started this whole process with an unwarranted nasty letter. This is HIS karmic retribution.

Speaking of karmic warnings, is there anything karmic-related that says not to be snotty and holier-than-thou?

Speaking of karmic warnings, is there anything karmic-related that says not to be snotty and holier-than-thou?

Not necessarily.

Oh, the SDCIA site allows registered users to search for their previous posts. This is one I posted (responding to our friend, Jeff) BACK IN JULY, 2006:

7/26/06 at 12:49 PM
Forum: Discussion Board
Subject: SLC--Boy, do I need help with L/O
Posted By: HARM

You've had an excellent run in one of the greatest bull markets in RE history. For the sake of your family, you may want to consider diversifying out of housing and into some other assets. No trend lasts forever.

"This toolbag neighbor started this"

He certainly did. Besides his beef (if he has one) is w/ HK's LL, not HK personally.

Isn't this so typical of all the sellers attempting to cash out? The whole freaking neighborhood is supposed to be on their best behavior until they get their check. Then ya'll can start killing each other for all they care (as they're rolling in Big Fat Stacks) heading down the road!

Muggy,

Easy fix. The Sacramento Bee has decided it would simply be easier for them to list the homes that are *not* for sale!

HelloKitty and DinOR -

Thanks for the welcome. Just to clarify my earlier comment, I am currently renting, and when I buy it will be as a First Timer. So I am truely on the buy side. And my encounters two years ago with lying/thieving real estate agents gave me a bit of a grudge.

I have been told so many things that I have terrible difficulty knowing the truth about real estate. I have been told that approaching a listing agent and asking for a purchase discount is illegal. I've been told that using online services like ZipRealty and Buysiderealty are also illegal. I've been told that I need to sign up exclusively with a mortgage broker before I can even make an offer. I've been told all of these things in the past month! (I'll save my stories from two years ago for another day.)

I don't work in the Real Estate industry, so I have difficulty knowing fact vs. fiction. (Nor do I work in law).

Anyways, I'm really enjoying these comments. I can't believe Professor Jerkwad. Amazing.

Condo auction in Chicago yesterday -

17 units offered & only 13 sold. I did not attend the auction because of the high assesments, taxes and disrepair of the building. The auction house would not disclose prices of those that sold.

Isn’t this so typical of all the sellers attempting to cash out? The whole freaking neighborhood is supposed to be on their best behavior until they get their check. Then ya’ll can start killing each other for all they care (as they’re rolling in Big Fat Stacks) heading down the road!

Hm, I dunno about that. Maybe its my east coastness again. Back where I'm from, there would be these absolutely insane wars between neighbors about curbside parking, lawn care, etc. Like, they'd video tape each other constantly, call the police constantly, etc. Regardless of whether or not properties were for sale/not.

Wow, there's a lot of results on this topic:

http://www.google.com/search?q=videotaping+neighbors+parking

J. Pake, get pre-approved through a credit union. They usually hold their mortgages instead of reselling them, and have more 'conservative' lending standards, consequently, they have fewer retard loans out there, so they actually have money to loan. Also, they don't make you sign 'exclusivity' crap, etc.

As for the realtors... ugh... while they don't all blow, a good number of them do. My wife and I went through a lot of open houses before we ran into one we weren't repulsed by. Are really, I was repulsed by some of them and their oily smarm. I actively wanted to leave the house because they were there.

Now what im trying to figure out is it legal? Are they aloud to sit there at night and record my husband coming home from work and my daughter's boyfriend leaving the house and every move we make.

Say it aloud with me: "people are allowed to do things that annoy you, learn to live with it".

J. Pake

If you're in CA then a lot of that is false information, probably given by people with a vested interest.

You don't have to use a realtor at all. You can ask for anything you want in the purchase deal. Of course you can ask for a discount if you're not going in with an agent. What's the difference between asking for a discount equal to say 1.5% (because the listing agent will collect both sides) versus offering 1.5% less in purchase price, and telling the agent you're discounting because they're getting both commissions?

By the way, the agent will lean on the seller to take the deal, even though you've offered less, because (s)he will get more, even at a lower price, since they get more %.

It's *not* illegal to use a discount broker. It's probably illegal for them to tell you it's illegal, if anything. But lots of selling agents will blacklist/boycott you if you do. That *is* illegal, by the way; and against their "code of ethics"; and something they theoretically can lose their license over.

Friggin realtors.

Whether you use a realtor to buy or not, I VERY STRONGLY RECOMMEND also engaging a real estate attorney on your side. At least the first time you buy, you should have a lawyer represent you, so you learn how it works.

Warning, the realtor will squeal like a stuck pig when you inform her you've got an attorney. She'll cry about how you're wasting money. About how all the forms are standard. About how the seller might get spooked.

I suggest you scan through the archives here for horror stories about how people have been royally screwed, and a lawyer would have probably caught the problem before hand. Regardless, I take the attitude: if there's nothing hiding in these hundreds of pages of fine print, then you have nothing to fear if I pay a professional actually *read* them for me. It's my money, I'll spend it on whatever professionals make me feel better.

By the same token, when buying a house on a slope in a slide-prone area I always bring in my own, independent engineer to assess the soil stability and structural risks. We actually had a seller balk and refuse to allow access unless we agreed to keep the findings "secret" -- ahhh, something else illegal under CA disclosure rules as I understand it. Anyway, that told me what I needed to know without even paying the engineer.

Buying a home is a big deal. Not something you do like you're bidding on artwork at your kids' silent auction school fund raiser, regardless of what most realtors will push you into. Another hint: never bid in multiple bid situations. Just politely excuse yourself and move on. See http://en.wikipedia.org/wiki/Winner's_curse

As for the realtors… ugh… while they don’t all blow, a good number of them do. My wife and I went through a lot of open houses before we ran into one we weren’t repulsed by. Are really, I was repulsed by some of them and their oily smarm. I actively wanted to leave the house because they were there.

Seriously - I went to a few lately and it's just so disgusting. It's WORSE than walking into a car dealership - in that if they're not trying to sell you the house, they're trying to sell you on being the buyer's agent.

It's still not clear to me, however, what the best way to buy a house is. I thought ZipRealty was a good approach, but it sounds like that might not be the case. It sounds like working directly with the listing agent might be a good approach, but that feels gross too.

http://en.wikipedia.org/wiki/Winner%27s_curse

RE: winner's curse

Yep. Emotion and incomplete information is a loosing combination.

eburbed

I'm still firmly of the opinion that you don't need any agent to represent you whatsoever when BUYING. An attorney will cost a couple thousand $, and you can do everything with him/her. And a good lawyer will take a little time to teach you the process, so you only pay fees when you actually have her review your documents.

Tell the listing agent to do what they will, assuming they keep all the commission contracted with the seller.

Don't sign any kind of representation contract with the lister either, unless it's subordinate to the deal, and terminates if the deal terminates.

Another hint: never bid in multiple bid situations.

I agree. Be greedy only when others are fearful.

Whether you use a realtor to buy or not, I VERY STRONGLY RECOMMEND also engaging a real estate attorney on your side. At least the first time you buy, you should have a lawyer represent you, so you learn how it works.

At what point do you bring the real estate attorney into the deal? Is it at the very beginning when you pre-qual for a mortgage? Is at the end for closing?

In the east coast, using a real estate attorney is practically standard. I was really surprised to find that its not here.

Of course, there's the question on where to find a good attorney. On the east coast, there were a lot of not great ones. :(

Of course, there’s the question on where to find a good attorney.

What is astrid?

s/What/Where

OT, but it looks like they are moving forward with disbanding the SJ flea market in order to..... BUILD HOUSING!

http://www.mercurynews.com/ci_5745238?nclick_check=1

Yippeee! More developments for everyone! Isn't that sort of a sketch part of town, BTW?

OT, but it looks like they are moving forward with disbanding the SJ flea market in order to….. BUILD HOUSING!

Great! Triumph of the market! (The free market, not the flea market.)

I recommend finding and forming a relationship with an attorney before starting anything. I wouldn't pay a retainer, if you can get a good attorney through referrals who will just charge hourly.

HK:

Yes, we used a lawyer. We had been trained to use one in IL, where one is required. We tried to not use one when going through our first CA purchase, but at the end of the deal I got a funny feeling because of some arm waving and don't look here or there from both agents to both us and the sellers -- all surrounding financing, and rent-back agreements.

I brought in a lawyer then, who insisted on 48 hours hold to read everything, including the loan documents. He found something like 23 items to question, a dozen of which were sloppy mistakes (that were nonetheless relevant should something bad have happened later) and 2 real whoppers. Those would have allowed the seller - if they were subversive - to force us to rent back to them for the "discounted" agreed upon rate, for an undetermined period. In other words, we'd have had to go through a bunch of crap to kick them out, while we paid mortgage, and they lived for $750/month. That would have put us technically in violation of our mortgage covenant, by the way.

We did find out when we changed the rent-back to a solid 45 days (as verbally ensured it had been all along by "expert professional agents") the sellers went into hyper-panic mode. Apparently they'd made no plans or provisions, had no home to move to yet, and were probably not planning on moving for at least 3 months.

To my eyes, the "standard forms" looked like the seller only got 45 days. The lawyer showed me that, in fact, the rent-back period was not contractually defined in a binding manner.

On another OT note, it looks like they ARE building more land, after all:

http://www.mercurynews.com/ci_5745254

It's on another planet, though.

It’s on another planet, though.

Other planets and virtual worlds do not count.

The only good thing a buyer's agent can do for you that you can't really do yourself or with the help of a RE attorney is let you in to see houses that aren't 'open'. Lockboxes are the last bastion of the Realtors. Without a buyer's agent, you have to call and set up appointments for every house you want to look at.

Now... if you've done your research and know what neighborhood and type of house you want, you can easily get away with this. But honestly, my wife and I had no idea what we were looking for when we started, and seeing 100 plus houses in 8 towns really helped out. Because of that, I will almost certainly use that realtor to do our actual transaction. She also never even mentioned buyer's agreements, and is quick to badmouth shady realtor tricks when she sees them, even 'multiple bids'. She even said "Sometimes when there are multiple bids, they'll tell the highest bidder there are multiples and ask if he wants to go higher." Although... to be fair she didn't admit to phantom bids existing. :D

Also, I've never heard of anyone who had an attorney review the loan documents, when a mortgage broker was involved, who didn't find numerous "mistakes". (quotes intentional)

They'll say, well of course attorneys find mistakes, they're paid to do so. My answer is *exactly*. If they aren't *mistakes*, then they wouldn't have found them as *mistaken*.