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Housing Market Update: Real Estate Chess Match

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For years now we’ve been advised by real estate attorneys to use the FAR BAR AS IS purchase contract with right to inspect. The reason for this is that while it does protect the buyer, it takes some of the ambiguity out in determining if an item in the home is functioning as intended. To give you an example of why this has been the contract of choice, several years ago we had a client looking to purchase a condominium that had been renovated due to damages stemming from Chinese drywall. During the home inspection we found the granite counter top in the kitchen had been cracked in half around the sink during installation. The seller epoxied the seams, but the buyers were not pleased, as while the seam was cleverly joined with the epoxy, the joint was still very rough to the touch. The seller said he wasn’t going to replace the counter top and the buyer didn’t want to take it “as is,” so the buyer used their right during the inspection period to cancel the contract and get a full refund of their deposit. When speaking with the law firm who suggested we use this purchase agreement, the attorney stated, “this is why we tell you to use this purchase agreement as while the buyer wasn’t pleased with the look of the repaired granite, it was still functioning as intended as it was supporting weight and wasn’t leaking, thus it was performing as designed. If your buyer hadn’t used this “AS IS” contract that we have suggested, they wouldn’t have had the ability to cancel their contract and receive a full refund of their deposit.”
However, during this market this “AS IS” contract is being used in a manner that wasn’t originally intended. Since homes have been selling at such a frantic pace, many buyers who are out of town are using this contract to purchase properties sight unseen, or only seen virtually. Then once they arrive they use their inspection period to determine if they want to continue moving forward with the purchase of the property or cancel the contract now that they are viewing the property in person. Some buyers have even submitted contracts on several properties, had them accepted, and then used their inspection period to cancel off those properties that didn’t appeal to them and keep the one that does.
To counter this approach many sellers are starting to request the contract with repair terms that can be capped be used as it takes away the buyers ability to cancel the contract in “the buyer’s sole discretion.” Since offers have accelerated at the pace they have due to low inventory levels, bidding wars are more commonplace, resulting in purchase offers where the purchase price cannot be supported by an appraisal. To avoid a contract being cancelled by the buyer due to the offer they made not being supported by an appraisal, sellers are now requesting appraisal contingencies to be removed from the contract in many cases.

“How can I get the seller to accept MY offer?”, buyers wonder in today’s heated, multiple-offer market

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In some areas of the country, “love letters” – a note from buyer to seller praising the home – are common. But some of the letters may flirt with Fair Housing Act violations.
The National Association of Realtors® (NAR) Conference and Expo was held virtually in 2020, and many of the sessions involved discussions about buyer “love letters.”
For those who aren’t aware of what I am referring to, “love letters” are written statements that accompany a potential buyer’s offer. While these types of letters are not in and of themselves illegal, it’s important to note that if done without careful consideration, it could end up being a Fair Housing Act (FHA) violation.
How is this a possibility? Let’s examine a couple of examples of “love letters” – one that could be problematic with one that likely isn’t.
Example 1: A buyer drafts a love letter that includes how excited the buyer is to raise a family in the home. They can’t wait to see future children excitedly running down the stairs on Christmas morning.
Sounds harmless enough, doesn’t it? However, this buyer’s letter touches on two protected classes under the FHA: familial status and religion. Should a seller take these factors into account in arriving at a determination to accept the buyer’s offer, it could be a fair housing violation.
Example 2: A buyer drafts a love letter that discusses the buyer’s love of the homes’ architectural features and the buyer’s appreciation of the various details of the home’s construction.
Here, as the buyer solely focused on the property’s characteristics, none of which fall under a protected class, it’s likely not a fair housing violation.
As agents, it’s important to remind consumers about fair housing issues if you see a potential problem on the horizon. While no agent is expected to explain the legal nuances of the Fair Housing Act, it may be wise to suggest a buyer or seller consult their personal attorney if either of the respective parties veer into potential FHA violation territory.
Recently, I personally had a family with two young girls that were very excited about purchasing a home they had seen but knew the market was very strong and were afraid they would be outbid. Their daughters Lily and Hailey, sensing the seller could sell the home to someone else asked if they could write letters to be sent along with their parent’s offer. Little did these girls know the letters they wrote were compliant with the National Association of Realtor compliance guidelines, but they brought tears to the seller who accepted their parents offer.

Housing Market Update In a Nutshell

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Unless you haven’t been watching the news or seeing the number cars with out of state license plates traveling our roads, let me tell you there has been a tremendous increase in the number of people who are now calling Florida “home” on a full time basis. As I’ve mentioned many times in our previous newsletters, last January we were hearing people saying it was the inclement weather and high taxes that had them strongly considering a move to Florida however, when Covid hit, it changed the market dynamics.
No longer did people want to live in densely populated areas, commute via mass transit and work in the tight quarters of commercial office buildings. Employers found production levels didn’t decrease as anticipated and were now allowing their employees to work remotely. As a result instead of waiting for retirement to move to Florida, they were making the lifestyle change now, and for some cities, it has become a mass exodus!
Florida and Texas are two states seeing a tremendous influx of people looking to relocate on a permanent basis and with very low inventory levels the competition for existing homes has been fierce. In fact some of major builders such as Lennar have put a “sales hold” on some of their developments so construction can catch up with sales.
Recently we had three of our listings sell in one day, and well over full price. Our most recent listing had 28 confirmed showings within 12 hours and 15 offers, with the accepted high offer almost $80,000 over full list price….yes, you read it correctly! Agents were telling us of their frustrations in not having their offers accepted when bidding $20,000, $30,000, $40,000 and more over list price. Buyers who wanted to give some thought to the home they viewed before making an offer found themselves on the outside looking in as the property went pending shortly thereafter.
While this may seem reminiscent during the real estate boom in 2004-2006, it is a very different scenario. Sub-prime mortgages and other forms of loans were being approved for buyers who under normal circumstances would never have been able to qualify. Inventory levels were much higher and the speculation that baby boomers were headed to Florida for the next 20-30 years had everyone giddy the sky wasn’t going to fall. Appraiser’s couldn’t keep up with the increases and started giving valuations on properties that were called into question years later.
What you are seeing now are not only retirees, but those looking to make lifestyle changes prior to retirement, both vying for short supply of available properties. Unlike the market back in 2004-2006, this market is not being driven by investors and speculations. We are in a market where there is strong demand and short supply. With the cold weather now hitting the north, those that were contemplating a lifestyle change are acting with a sense of urgency, adding an additional strain to an already robust market. Sensing their opportunity may be slipping away we have seen an immense uptick in offers well above list price. What was a market characterized by gradual growth, we are now seeing the realization by some this may be their last opportunity for some time and are willing to pay a premium for it.
As always if you have any real estate questions, feel free to reach out garycardillo@wesellpg.com 941.916.0939

Hear Ye, Hear Ye, the Real Estate Market is Booming!

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The coronavirus pandemic doesn’t seem to be making the Charlotte County housing market sick. The market is seeing a surge in listings and buyers continue making offers.

With inventory levels so low, if there was ever a time in which to sell your home, this would be it! As of July, the median is 49 days on the market, a trend that is 9 days less from last year, and I see it moving lower in the next few months. Looking at sales of homes over the last year, the market in our area is highly active. In July of 2019, there were 345 homes sold in our area where for July 2020 we had 488 sales. Recently Punta Gorda was in the top 3 cities for people who are relocating to Florida. A lot of interest in our housing market is coming from people relocating from the north looking to escape the harsh winter weather and high taxes, but with concerns from this pandemic are looking to move to areas with less congestion where they can work remotely and avoid mass transit. With the influx of those moving to the area competition is fierce which has resulted in the median price of homes rising to $237,450. So not only are our sales looking good, but the price of our homes are attractive as well. Homes valued in the $250,000-$350,000 range are the most popular among buyers right now.

With mortgage rates at record lows, some buyers who are self -employed are having a harder time qualifying due additional qualifying guidelines stemming from the impact of the pandemic. Others are challenged in trying to get pre-qualified fast enough in order to submit offers quickly on what has become a very limited supply of inventory. Buyers shopping for a home in our area should first get pre-approved so they know what they CAN buy. Second, you need that pre-approval or proof of funds letter as sellers don’t want to tie up their properties for those who can’t qualify. In short, get pre-qualified and if you see a house you better act on it. If you are someone who has a hard time making up your mind now is not the time to just be looking. Homes have hit the market and are immediately going under contract when priced well and buyers are trying to make their offers very attractive in order to outbid their competition.

An article I read recently, “More Buyers Nix Inspections as Bidding Wars Heat Up”, a Redfin agent study found that almost one in five offers (19.9%) waived the inspection contingency to make their offers more attractive. This study was done with agents in select major US markets. The previous year it was 13.2%. Although, I understand why some are doing this I do feel this is a major part of home buying not to skimp on.

Our local newspaper mentioned how single family home permits in Charlotte County were on the rise with 216 permits were issued for the month of July which is up over 189 from the same time period a year ago. The value of the permits were $58.5M which is a $9M jump over the previous two July’s. This also represents a 14.3% jump year to year which runs from October to September. 1,791 single family home permits have been issued representing a 22.7% increase over 2019 year to date, and we still have 2 months to go. Total permits account for $487.9M, more than 2019 with 2 months to go and Charlotte County has outpaced the rest of the state which had a 17.1% increase over 2019.

We have a good education system, good government and we offer a vibrant waterfront town with many medical options nearby and our crime is low. It is just a great place to live and why we love to call it home!

If you are looking to sell, do the following to help it sell sooner rather than later. If your house is cleaned, updated, priced right and has a pool/view your days on the market will be less. Buyers are looking for those recreational activities to keep their families busy as they work from home. And of course you can reach out to me anytime if you would like a free market analysis. As we say to all of our clients, “We will be there with you every step of the way.”
-Gary Cardillo

Real Estate Question: Recently we were asked why their Realtor had charged them an “administrative fee” when no additional services were provided during the transaction process?

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Answer: While we do not charge this fee to our clients we are seeing this fee appear more frequently. Our position is a commission earned should be acceptable compensation for the service provided but there are agents who are charging this fee to either offset overhead for assistants, or to add to their compensation. There are a few ways this fee can be charged. In the Tampa area for example, this fee is most often charged to the buyer’s agent however, typically we are seeing the fee in other areas being charged to the buyer. These fees can range from $195.00 to $495.00. When multiplied by the number of transactions throughout the year, this is a fee that has the potential to more than offset additional overhead costs or add significantly to an agent’s income. However, some brokerages are charging their agents to collect this fee, most we have come across do not. As a Realtor myself, I can only ask another agent to drop the “administrative fee,” when it is being charged to me with no guarantees they will, but as a buyer you can inform your agent you are not going to incur this fee if you feel it is excessive.

About The Gary Cardillo Group

Gary Cardillo, Realtor While most people would like to talk about themselves, Gary and Gail have always put their clients first, and their diverse backgrounds have provided their clients an unparalleled level of service and knowledge throughout the past years.
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