DOJ & changes in the real estate business Aug 2024

 I'm sure most have heard at least something about the recent changes in the real estate business.  Our government decided that commissions that were negotiated in the listing agreement isn't the best way to go about things and so now the selling agents commission is to be negotiated by the buyer.  There is some logic here; however, it can easily be argued that things are less transparent now.  

Now all buyers will need to sign a BBA, (buyer broker agreement) and that commission is and has been negotiable.  Most sellers I talk to are happy to pay the industry standard 2.5% to the selling agent.  The selling agents commission will need to be in the contract as a seller credit to the buyer.  We'll see more changes as we work thru this. I assume buyers might be able to finance the commission in their loan in the future.  Most first time buyers don't have an extra 2.5% on hand to pay that fee.  The buyers might already be looking for a seller credit for their closing costs and depending on the loan they cap how much a seller can credit the buyer.

At the end of the day, it's more paperwork and slight changes in the commission structure.  As a broker who mostly handles listings, I can tell you I will no longer be giving any percentages as to what my sellers are willing to pay.  That opens the door for a potential lawsuit!  I will simply let folks know if my seller is willing to cooperate or not.  Like the listing price, commission... oh I'm sorry, compensation is negotiable.

To switch gears, I wanted to touch on the market.  Inventory is still low.  Houses in Roseville if priced right are selling fast.  Pricing a house right in Placer and Sacramento County is essential.  If you look at the statistics, houses are selling 99% of asking price.  That means that buyers are waiting for a Roseville home for sale to come down where it needs to be before writing an offer.  I deal with the seller mentality all the time to price it high and they can negotiate down.   It's normal, we all want and think our house is special and worth more than it is.  You need a good experience Roseville real estate agent such as myself to give it to you straight.  I hope what I tell you is music to your ears, but that's not my goal.  I've been going beyond lately and helping people get their house in the best condition for sale.  Sometimes its difficult to get reliable help out there.  From handymen, painters to trash out guys... I had to step up this week and make a dump run, install a garage door opener, and finish nailing in some baseboards.  All in a days work.

I realize that last paragraph has way too much going on with no structure.  Word salad, I'm tired... Just got a new listing on the market today.  Half Plex in Lincoln, 365 R. St.  Great investment, rental.  It will cash flow, I was thinking of buying it.  I have another listing I'm taking in South land park tomorrow.  1227 Noonan Dr.  $525,000.  A house in Orangevale coming next weekend 8172 Woodlake Hills Dr. at $550,000.  Next week, a commercial property in Roseville at 9450 Atkinson dr.  2 acres zoned M2 priced at $950,000

Chad Phillips

Remax Gold

Partition Referee Northern California

 7/1/24

I have expanded my work with other attorney firms in California doing more court work as a referee on partitions.  If you don't know, partitions occur when there are multiple owners of a property and one forces the sale.  Typically this would be siblings that inherit a property and one or more want to sell and one doesn't.  When this happens, every party has the right to buy out the others portion; however, usually the are looking to sell the property and take their proceeds from the sale.  It's usually the one living in the house for free that doesn't want to sell.  Shocker!  

There are other situations where a boyfriend/girlfriend buy a house then break up.  Both on the loan and tied to the property and not able to afford another property.  It can also be business partners where they went into a property together then one side is looking to dissolve the relationship.

I've been assigned over 20+ referee roles in partitions.  The one thing that's slightly unique is that I'm also the listing broker when it comes time to sell these properties.  This is not the norm but there are advantages to this.  As the referee, I have the court authority to take control of the property.  Often times I might need to evict an owner, change the locks and put utilities in my name.  Similar to a foreclosure but I have power of attorney.  I say that loosely, but it's similar.  I set the price to sell the property, sign the contract and the deed to close escrow.

Partition sales are not that common but there's enough of them going on where this has become a niche that I am happy to be involved with.  Most brokers and real estate agents have no clue these even exist.  I have to explain this on a daily basis.  As a referee in Sacramento I bring confidence and experience to the table that councilors are looking for.  

Often times the estate has no money, other than the proceeds of the sale.  I'm willing to come out of pocket to pay for trash outs, repairs and inspections if it's deemed necessary.  I do get reimbursed at closing for those expenses of course, but often times expenses are needed to get the property sold.

I'm working with 7 different law firms that regularly come across partitions.  I have my resume updated for them to submit to the court with my recommendation.  There are times I have to report to the judge or appear.  There is a process that the referee needs to.  Attorneys are representing their clients and as a referee I'm involved in the accounting process.  Every partition is different!  The circumstances can be convoluted.    The referee needs to assist in the division of proceeds upon the sale.  The accounting phase is done when proceeds are sent to a broker trust acct and we're finalizing the disbursement of funds.  I'm working one now where I thought we had a solid agreement in place and one attorney is in disagreement with my decision.  I'm running it by our in house council here at Re/Max Gold per the request of said attorney in disagreement.  Again, they are all different!  The one factor that seems to be consistent is the defendant not being cooperative.  This is the part of the job that can be tricky!  Often times these are emotional situations and logic doesn't work.  I try my best to work with folks with in reason.  It's only been a couple times where I needed to get the sheriff involved.

If you have questions about the process or are looking for a referee that has been doing these for 10+ years, give me a call.

Chad Phillips

Remax Gold

916-390-1476

Top Producer Magazine March 2024 Sacramento / Roseville Real Estate

 Spring is upon us, and we're starting to see more home come available.  It's typical for the market to pick up this time of year.  I'm getting several properties ready for sale right now myself.  New construction is in overdrive, they are cranking out houses as fast as they can.  In 2023 new home sale accounted for 25% of the houses sold in the Sacramento / Placer / El Dorado Hills counties.  This is a substantial amount of sales occurring.  There's a shortage of resale homes and it's having an effect on those of us in the business.  There's simply not enough homes to keep everyone afloat in real estate.  

Prices are on the rise too.  I was working on several properties to get ready for sale and now we're revisiting the valuation.  There's a house I'm putting on the market next week in Serrano and we elected in the end of 2023 to list at $850,000.  Now I'm thinking we'll get upwards of $900,000 for it.  It will be the lowest priced house in Serrano.

I don't think I've mentioned this before but 3 years ago I bought a property in Roseville.  2.5 acres on Main st.  It's raw land that I entitled and broke into 10 lots.  It took perseverance and money to get the tentative map and brought all the way to final map.  I got multiple offers on my project and it's currently in escrow.   It was a great project, I learned a lot in the process and I stand to make a good profit too.

I mention the Top Producer Magazine as I was featured broker as a top selling Roseville real estate agent.  I've been in the business for 20 years now and I've built relationships with business professionals and past clients.  I've gained the experience and trust of clients and peers which makes things even easier in this tough and competitive business.  We're always learning and doing new things.  I specialize in partition sales and that's something I didn't even know about until 10 years in the business.  There's lots of different aspects to real estate.

Looking forward to spring 2024.  If you have any real estate questions, reach out to me.

Chad Phillips

Re/Max Gold

916-390-1476