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This is a case study playing out in real time..
What happens when a home owner leaves his home behind in a non-sales ready condition and a Sales Agent
known to him with time on his hands takes over the preparation for sale?
Could that create some "disclosure" problems for the Agent if he comes to find out some things
that the seller doesn't want to disclose?
What if the owner himself then doesn't properly disclose material facts at time of listing that the agent only came to find out because he spent over 7 months prepping for the sale in the Sellers Absence?
What happens when they contract to sell a beautiful pig with too much lipstick and bubblegum to another agent
who's been buying and selling homes since 1998?
1967(ish) - 12 Bayview Road was built and or purchased new by the Rust family in 1967(ish). It was the home to many pool parties for many decades.
According to the neighbor below who we spoke with once for about 20 minutes prior to writing an offer, in the 1980s the pool house concrete floor cracked, presumably from an earthquake. The crack exists to this day but does not seem to have propigated much since it's original crack. It's presumed it may have transpired during a larger earth quake. She was unaware of any other major structural issues or deficiencies with the home .
According to the neighbor above who shares water company management duties with the Rusts (and Micah Forstein, the seller of the property in our transaction) the Rust's battled 1) grade related water issues for many years with various remedies put in place over the years that never seemed to satisfy problems and 2) minor settling issues that had to be remedied by the Rusts via a Contractor in the 2010 time frame (exact work and scope not known).
The Seller's Agent claims to have noticed a "mushy side yard" in March 2021 just prior to listing the home. He claims to have discussed the matter with the neighbor one home up to have discovered there may have been long standing issues. The Seller's Agent disclosed that on his AVID that was unsigned by the seller when presented after Contract Ratification.
The water management issue and the settlement issue were reviewed in less than 15 minutes of dialogue with the neighbor up the hill after ratifying a contract and running into questionable items with water management systems and minor settlement discovery during home during inspections.
2015 - Micha Forstein, a Mechanical Engineering Manager at a Silicon Valley Orthopedic Device company got into a competitive bidding situation to purchase the home as his primary residence for he, his wife and three children. At time of purchase he was buying the home fropm the Son of the Rusts who had never occupied the home. It was in 1970's condition with cedar roof and asbestos popcorn ceilings, dated carpet, paneling and vintage kitchen and baths throughout. He won the bidding process and paid approximately $540k for the home. According to written commentary from Micah, he was never aware of any grade/water management issues with the property nor settlement issues. The well on Micahs' property serves as a water company for 8 homes. The holding tank and pump are on the property above 12 Bayview and we are to presume during 5 years of water company co-management and interaction with the upper neighbor, he was never informed of long standing water management and grade issues or settling issues that the Seller's Agent and Buyer were able to gain understanding of in very short introductory conversations.
and part of the managed the community water company, with components on his upper neighbors property, ot discuss any property details with either neighbor prior to purchasing the home.
2015 - Micah Paid approximately $80k to have a new roof and solar put on (financed). Micah paid $8k to remove asbestos. Micah also had all the paneling removed and replaced with drywall and he paid for new flooring and new stairs. Micah did NOT have all the rough plumbing redone at that time, which he should have given the galvanized was nearing end of life.
2020 - In July 2020 Micah and family moved from California to Kansas. COVID did not require him to be in CA anymore. At that time Micah entrusted Kent Weinstein, a Licensed Realtor and Acquaintance from Church to Micah entrusted me, to with meet contractors, cleaners, and service and maintenance people, to prepare the home for sale, and schedule inspections.
No seller disclosures or preliminary reports were posted on MLS prior to our first visit or our second visit. Seller Agent was asked to meet us at property after 2nd visit fort this reason. He did. He was told we were writing and offer and needed disclosures , pre listing reports and anything else they had related to repairs during occupancy and repairs in preparing the home for sale to establish seller's idea of an "As-Is" condition.
That night Seller's Agent delivered 2 emails. One had a photo of a wrap around deck that had been removed. The other had an energy bill graph , a pre-sale Home Inspection report and a presale termite report. No CA Contract Disclosures were delivered nor was the Agent Visual Inspection Report delivered.
On April 1, 2021, 1 day after ratification we got over 250 pages of disclosures dropped on us in three large file attachments. We had we weed through them to determine Seller's Idea of As Is Condition.
I pulled out the relevant CA Contract Disclosure items and made individual PDFs..
Items 4 and 5 in this directory are the Sellers Pre Listing Inspections . Here they are again for ref...
For the summary doc below to get going, I also included the Buyers Agent Visual Inspection which I've stored under Buyer Inspections
I made a gDoc Summary. I took screen shots from each document that were relvant or that I wanted to comment on and I provided commentary.
Summary gDoc - This comprises all the information a Buyer who is a non-trades person will get to define the Sellers Description of "As Is" prior to inspections along with another few sets of eyes to cover things that may be obvious that the buyer may have missed...
4) Septic Main Line // Drywell // subterranean downspouts // basement drain tube
4) Septic Maps
5) Plumbing -- Inspection Result Est for rough plumbing
6) HVAC Inspection Results
7) Chimney Inspection Results
8) Garage Inspection Results
The home inspection with a summary section in the front as opposed to the back with a rapid induction technique for hypnosis built into the first paragraph didn't sit well at all with me as a Clincal Hypnotherapist who's seeing way too much hypnotic manipulation in commerce these days.
When I noted the 2nd floor attic was totally omitted, I got more concerned. When I found that entire attic needed new insulation I had a feeling what should have been simple got more complex. With each stone we turned over the more and more they telegraphed...
We asked for quotes and receipts for work done so we could value the upgrades. We asked for anything else that was relevant for disclosure. It was only after we signed an RR extension because we were waiting on their docs that we got 1) Receipts of Asbestos work when we didn't know asbestos work had been done and 2) A 2015 Home Inspection where the inspector expressed concerns about interior damage to cantilevered deck joists.
A Problem to be Solved
17 Day Report of Findings
Counter offer letter
RR preliminary
Conflist of Interest
Written Req for Docs
Purchase: 12 Bayview Road, Castroville CA 95012
Contract Date: 3/30/2021
Amount: $900,000 (actually 895,000 but keeping numbers round for communication)
Seeking
"A" paper loan.
35% down at 3.125%
$315,000 down payment
$585,000 financed
To obtain this loan we need a max borrowing power of $3593.
Since 1) we have no other long term debt other than rental properties 2) we are putting more than 20% down and 3) we have cash reserves after putting our money down, we "just" need to show our gross monthly income is in excess of $7186/mo. ($3593/0.5)
So. The goal is to show that Holly and Bryan combined make at least
$7,186 in monthly income before taxes...
Holly's run rate for 2021 is $64,456
That is $5,375/month in gross income.
7186 - 5375 = 1811
Thus, Bryan only needs to show he makes
$1811/month in income to qualify!
Thus Bryan only needs to show he makes
$21,732/year in income to qualify!
Bryan's Schedule C's - $26,038
$26,038 is GREATER THAN 21,732!!
They more than qualify right!!?
NOPE...
Bryan's 2 year "Less or Average" Income
from his Schedule C's is $21,316
That only equals $1776/mo...
1811 - 1776 = $35 short per month...
Bryan's 2020 rental year was his worst year in his 22 year history as a landlord.
In 2020, Bryan lost $430/month on his rentals ?!?
So they don't qualify, right?
Incorrect by a long shot, but will you put in the time to see why they more than qualify for this loan?
This is a real world case study that is playing out in real time with seasoned professional from many aspects of our financial world discretely watching on, unsure of who else may also be watching...
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