Is it a House or a Condo?

Homes You may not know it, but what we call a “house” in Austin has run into a semantics challenge. The photos to the left are of homes in a new neighborhood in which one of my buyers just purchased a new home. Look at the pictures. Do you see “houses” or “condos”?

These particular homes are officially condos, but they are also detached single family homes, or what we would normally call a “house”. If you drive through the neighborhood, you see houses, but if you want to own a home in the neighborhood, you’ll purchase a “condo” that looks like a house.

The semantics challenge becomes an issue in how a property is listed for sale in the MLS. Some Austin Realtors have been listing detached condos such as these as “houses” in the MLS, which is incorrect. The enforcement people at Austin Board of Realtors have been changing these listings from “house” to “condo” when they catch them, which has infuriated some Realtors.

Listing these properties as “condos” doesn’t seem right either because the homes are not what most buyers would call a condo. They are closer to a house than a condo in appearance and lifestyle. You have no common walls and you have your own fenced yard, trees, your own sprinkler system, a driveway and garage. You are responsible for all exterior siding maintenance and your own roof if it leaks or needs repair. That’s essentially just like owning a house.

But if you purchase a home and don’t own the lot it sits on but instead have fractional ownership of the entire development, and pay HOA fees to maintain the common areas and “roads” (uh, parking lot shaped like a road), then in fact you haven’t purchased a house as we legally and traditionally define one, you’ve purchased a condo.

What upsets Realtors though is that listing a house that is legally a condo in the condo section of MLS means that it won’t be exposed to nearly as many buyers as it would if it came up in “house” searches.

Most home buyers don’t want a condo, they want a house. Furthermore, if you’re my house buyer and you want to purchase a real house where you own the home and the lot it sits on, we don’t want your MLS search results being polluted with listings that in fact are not legally houses but are instead condo homes.

So what’s the answer?

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Remaining Cheerful When Under Verbal Assault

I had an angry Realtor unleash a vulgar cursing tirade on me today and challenge me to a fight. He said he’d come to my office “and settle this man to man”. I declined, not because I’m a wussy, but because it wouldn’t be prudent or professional. Plus, I have nearly a three decade streak of not putting up my dukes and this didn’t seem like an issue worthy of breaking that streak. I’d rather it be a noble cause such as defending and protecting the honor of another.

No matter how long I’m in this business there remain pleasant surprises around every corner. The agent flipped out because his client’s rental application was not accepted. I had received multiple rental applications on a rental property and chosen another application to approve.

Multiple rental applications are much like multiple sales offers in that it’s the seller’s or landlord’s choice to either pick one, respond to all requesting better offers, or reject all. In this case, being the owner of the home myself, I decided not to try to shop the applications against each other for higher rent offers because I am happy enough with $1,295/mo. and I didn’t want to drag the application process into the weekend. I decided instead to pick the application that was received first, because on face it was not deficient in any way. Had that first application failed to meet the required criteria, or contained undesirable terms, I would have chosen from the remaining two.

Is a landlord required to accept a rental application based on first come, earlier move-in, or any other criteria? No. This other agent has no clue how leasing works, which is common, but his gutter mouthed tirade was unlike any I’ve ever experienced coming from a Realtor.

What is the best way to respond to a verbal assault from a crazed Realtor?

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Gas Price Pain – Media Hype and Consumer Illusion?

Gas PricesI just bought a new 2008 Chevy Silverado Crew Cab and have been taking some heat for it from friends and on this blog where I wrote about the purchase experience, how I got a great deal, and the experience of interfacing with dealerships.

The main themes: “How shortsighted”, “wouldn’t a smaller vehicle have worked?”, “You’ll regret it”, “gas prices will eat you alive”, etc. Even one “I thought you were smarter than that”.

Does anyone do the math on these sort of judgments? I did. Here is what I came up with.

Assumption: $3 per gallon was higher than we liked a year ago, but it didn’t generate the hysteria and behavior modification and purchase modification that $4/gal. seems to be creating, so I base my comparisons on $3/gal vs. $4/gal.

Case Study 1 – my driving habits
I drive about 1300 miles a month in the truck. It gets 15 mpg so far (same as the old one – 2001 Silverado).

That’s 86 gallons of gas per month that I purchase. At $4 vs. $3 per gallon, I’m paying an additional $86/mo. over last year to drive my truck. Nobody thought less of me a year ago. Now suddenly I’m a fool, according to some, for not taking measures to eliminate an additional $43/mo. cost of living.

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When Inspectors Miss Important Defects – What Happens?

What happens when an inspector misses something during an inspection?

Courtesy of Bob Petersen, Precision Inspection
Many parties to the real estate transaction think that inspectors, like many other professionals, carry some sort of insurance for any oversights made in the course of their work. This was not the case (required) until 2007!

Now, when we renew our license, we must prove we have this coverage. In the usual complaint scenario, the buyer asks the inspector to ‘make good’ and if he doesn’t, the buyer usually files a lawsuit. Rarely do buyers file a complaint with TREC though this is by far cheapest, fastest, and most effective way to get a licensee to act. Of course, the lawyers involved don’t go out of their way to tell the buyer this, or may not know themselves.

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