Archive for the ‘moving to st. augustine’ Category

Is a Lease Option Really an Option?

Wednesday, February 9th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

 Is a lease option really worth it for buyer or seller?

Is a lease option really worth it?

Is a lease option really worth it?

Basically, a lease option works like this: The buyer and seller agree on a price for the property a year or two years out (along with the terms, inspections, who will pay for repairs and yard work during the lease term, etc).  They then agree on a rent, of which a portion goes towards down payment on the sale.  The rent is usually high for the property because it also includes the down.

For example: The buyer and seller agree on purchase price for a home of $160,000 two years out.  The buyer agrees to pay rent on the property of $1500 a month for two years (normally this house would rent for $1000 a month).  $500 of the rent will go towards the down payment if the renter decides to buy, so at the end of two years there will already $12,000 down towards the $160,000 purchase price.

There may also be an upfront, non-refundable deposit/down payment of several thousand dollars in addition to rent. 

So if the buyer decides to exercise his option and buy the home in two years, great.  If the buyer decides not to buy he loses his $12,000 to the seller, plus any additional upfront down payment, and any money he spent on repairs and maintenance.

The seller does not typically have the right to walk away from the deal except in the case of eviction/foreclosure.  You’ll need to have an attorney to draw up the paperwork on this one to cover all the variables.

Pros and cons to a lease option? 

In our current market single family home prices are appreciating, but modestly.  If a seller agrees to a lease option at today’s prices, he might lose 6% in appreciation over two years, but he’ll have cash flow.  For the buyer they lock in today’s price and will get equity when they purchase, but will pay an over-market rent for the right to do it.

A lease option may be a great solution for so many of our beach condos (above $250,000) that are still stuck in a buyers market, with buyers scarce.  In this case the seller can lock in a buyer at a favorable price, as this type of property is still expected to experience some declines in value.  The benefit to the buyer is that they can cherry pick which unit they want, and if the price they agree on is unfavorable at the end of the lease, they can walk away.  And at least for the seller an otherwise empty unit has cash flow.

The cons are typically on the seller side of a lease option.

“If the seller can only get a future contract price based on a current appraisal value,” asked Realtor John Walin in a recent online post, “why not just price the house at a fee for appraisal value now and not deal with [the buyer as] a tenant and sell it straight up as a traditional sale?”

Another con for the seller is that if he wants the whole chunk of money to invest now in another, more profitable investment, he won’t be able to while the equity in the property is sidelined.  And if the buyer does walk away from the option, the seller has to go through the process of selling it all over again.

Do Builders Negotiate the Sales Price on a New Home?

Monday, February 7th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

 

We can help you negotiate the best price on your new home.

We can help you negotiate the best price on your new home.

Do builders negotiate the sales price on a new home?

 

 

In the current market they generally do…or if they won’t negotiate the price they might throw in upgrades in lieu of a price break. 

The best time to hit a builder up is on weekends and/or at the end of the month when a sales team is trying to make sales quotas.   Also, you’re going to have a better chance on a home that is finished or is nearly finished (the builder has a lot of capital tied up in a home that is just sitting empty). 

“There is no set percentage of price that can be negotiated,” said Denver real estate agent Robert McGuire in an recent online post. “That depends on how much the builder has invested in the home and how soon they need to make the sell. You need a Buyer’s Agent who is familiar with negotiating new home sales.”

What we’ve seen locally in St. Augustine is that when we start to negotiate, the sales rep on site will have to call his supervisor and we’ll have to negotiate through him (a bit like buying a car).  We actually had to walk out once last fall before the builder would budge.  But they did budge, and it was because they had a lot of existing inventory to sell a our well-qualified buyer made a fair offer in line with the market.

I’m in Town from Canada, Can I Buy Property Here in Florida?

Monday, January 24th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

St. Augustine Team Realty's International Buyers Page

St. Augustine Team Realty's International Buyers Page

Yes you can. 

That begs the question, “How much will I actually get to use the property?” 

Here’s the answer, lifted directly from the International Buyers page at the St. Augustine Team Realty website.

Immigration law allows a foreign nationals in the U.S. to stay between 90 to 180 days at a time, and if you don’t require a visa for the first 90 days you will need a visa if you plan to stay longer. If you want to stay longer than 180 days you will have to apply for an extended stay visa.

There are many different types of extended stat visas. Some visas allow you to stay in the U.S. for many years, some for just short periods. Some visas cover your spouse and children, some do not. Some visas require a long wait, some can be had in a few months. Some visas are employment based, some are family based. We can put you in touch with qaulified U.S. Immigration attorneys to help you find your best option if you wish .

A type of visa called the EB-5 (Regional Center) “Green Card” may be attractive to you if you wish for you, your spouse and your children age 21 and under to reside in the U.S. year-round. It requires a $500,000 USD investment in a specific “regional center,” plus as much as another $75,000 USD – $100,000 in set up costs. The benefit versus the traditional EB-5 visa is that you can live anywhere in the U.S. and you don’t have to work in the business…in fact you don’t have to work at all.

The next item is taxes.

If you stay in the United States for more than 182 days in three years, you may be subject to federal income tax. If this is the case you will have to apply to the Internal Revenue Service (IRS) (the tax division of the U.S. government) for an Individual Taxpayer Identification Number (ITIN) for tax witholding. Notice we say “witholding”…you may not have any tax due at all, but the government wants you to put some money aside just in case. 

You will also need an ITIN if you plan on renting your property.

Let’s say you plan to rent your property as soon as you buy it…in that case you will need an ITIN right away.

You do not need an ITIN to BUY property, just to SELL or RENT the property you own.

You will also pay yearly property taxes.

The tax formula is not especially complex, and changes in taxes year to year are typically predictable. Commercial (business) properties are typically taxed at a higher rate than homes are, and second homes or vacation homes are typically taxed a little higher than homes used for permanent (homestead) residents. 

To find out more visit our International Buyers page at: http://www.staugustineteamrealty.com/InternationalBuyers.html

 

Buying in St. Augustine: Now that I am Under Contract, What Will Keep Me From Getting the House?

Friday, January 21st, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

You are the biggest obstacle when buying a home.Now that I am under contract, what will keep me from getting the house?

There is a famous quote: “We have met the enemy and he is us.”*  It applies here.

The biggest obstacle to you not getting the house after getting the home under contract is…drumroll please…you.

You: may not qualify for the mortgage.

You: may get cold feet.

You: may want something late in the contract and the seller won’t give it, so you cut off your nose to spite your face.

You: may open a line of credit it or buy a car at the same time you’re trying to buy the house, which changes your credit ratios and kills your financing.

You: are told that your offer on a short sale will take 6 months or more to work out, and after being told this, you bail out after 30 days.

Here’s where other factors could come into play keeping you from getting the house.

Inspections reveal the roof needs replaced…you can’t get the loan if the roof isn’t fixed and neither you or the seller have the money to do it.

The mortgage broker you hooked up with is shady…he tells you can buy a house with no established  credit and no cash in the bank.  Guess what?  He thinks he can sneak it through…only this time he can’t.

It’s a short sale and the bank comes back with a different price, or rejects your price, and you don’t counter.

The seller gets cold feet.  It’s very rare, but it happens.

The appraisal comes in low…and you are unable to work out a compromise with the seller.

As you can see, the only true thing that is out of your control is if the seller gets cold feet. 

The inspiration for this post is from an Active Rain post by Ripon and Tracy, California, Realtor Christina O’Neal.

*Walt Kelly, illustrator of the comic Pogo was the author of this famous quote.

Fair Housing: Know Your Rights When It Comes to Buying!

Monday, January 17th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

Know your rights!  In honor of Martin Luther King Day here is a list of federal laws relating to civil rights and housing taken directly from HUD.  Have a great holiday!martin-luther-king-jr-right

Fair Housing Act
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). More on the Fair Housing Act.

  
Title VI of the Civil Rights Act of 1964

Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial
assistance.

Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Section 109 of Title I of the Housing and Community Development Act of 1974
Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD’s Community Development and Block Grant Program.

Title II of the Americans with Disabilities Act of 1990
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.

Architectural Barriers Act of 1968
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title IX of the Education Amendments Act of 1972
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.
 
 
 
 
 

 

Home Prices Nationwide are Falling…How Much Farther are Home Prices Expected to Fall in St. Augustine?

Wednesday, January 12th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

How much are home prices expected to fall in St. Augustine?

Want to know where the best place to find a bargain is?

Well, home prices aren’t falling in St. Augustine…as we’ve been reporting here since August single-family homes in St. Augustine are appreciating at 3%.

Condos may fall further in price so that’s the place to bargain hunt (see monthly market report video below).  There has been so much investor buying in the low ranges the average sale price has dropped 22% since last year.  The monthly market report we just did for January will tell you what the best bargain hunting ranges are.  Or visit our website for the last several St. Augustine Real Estate Market Reports.

How Can the Bank Raise the Asking Price in a Short Sale?

Friday, January 7th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

How can the bank raise the asking price in a short sale?

Duh, because they own the mortgage.  Because maybe their net would be better at a higher price than the seller is offering it at.

The bank can raise the asking price on a short sale.

The bank can raise the asking price on a short sale.

The seller owns the home and sets the price to try and sell it, but it is the bank that’s on the hook for the loss.  So the bank has to look at the price and see if it will bring an acceptable net. 

“Short Sales are anything but typical,” said Grants Pass, Oregon, Broker Sharon Vest in a recent online post. “Just remember, the bank or lender is under NO OBLIGATION to approve the price and in many cases they prefer to simply go to foreclosure rather than sell short, especially if there is mortgage insurance or any other funds available to subsidize the payments.”

The thing is, you can’t be worried about what the bank thinks the best price is, or what the seller thinks the best price is.  Instead, you have to be worried about what the best price for the HOME is.  If you’re getting a good deal on a property and the bank raises the price $5000 and it’s still a good deal…take it, and quit whining.

Buying a Home in St. Augustine: What is the First Thing I Need to Do As a First Time Home Buyer?

Wednesday, January 5th, 2011

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

What is the first thing I need to do as a first time home buyer?

This is a bit of a chicken and egg question. 

Which came first, the Realtor or the Mortgage Broker?

Which came first, the Realtor or the Mortgage Broker?

Really the first thing you need to do is get a recommendation for a good mortgage broker or lender.  What they will do is take your finances, your credit scores, your income, assets and the money you want to put down and give you a loan amount that you should be available to afford.  If you are not comfortable with the number, you can always ask for it to be lowered so that the monthly payment that you are emotionally more comfortable with.

Find your agent the same way.  Ask for recommendations and references just like anything else.  Feel free to interview agents, as if you were selling a house.  They’ll be able to take that loan amount, take your needs for a home, and see if the two can mesh.  A good agent will be able to tell you if your needs won’t mesh with your loan amount and can help you find you an alternative.  And they will guide you through the process of inspections from contract to closing. 

“In my opinion it’s important that you like your mortgage advisor as well as your real estate agent,” said Sheryl Williams, a Realtor in Puyallup, Washington, “as you’ll be working with both of them throughout the process. Don’t be afraid to call or meet with multiple mortgage advisers and Realtors until you find the ones that you are comfortable with. They can be a resource for you for life!”

When Buying a St. Augustine Home, MUST I Use the Services of Only One Realtor?

Friday, December 10th, 2010

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

When buying a home, MUST I use the service of just one Realtor?

Technically you are not obligated to use any one Realtor, unless you sign a buyer-broker agreement (which is something like the listing agreement a seller signs, where you contract for services over a set period of time).  Buyer-broker agreements are uncommon in Florida.

The practical answer is you need to stick with one Realtor, at least through the offer stage.  I’ll give you an example of when to dump a Realtor later on.

Great customers get great service.

Great customers get great service.

In Florida, Realtors are obligated to do certain things by law: the timely presentation of all offers and counter offers, limited confidentiality (transaction brokers), etc.  But when you are a great customer (i.e. loyal) a Realtor will answer the phone at anytime of the day or night for you, the Realtor will trudge out after dinner to show property to you, the Realtor will show up at 6 a.m. to pick up a key somewhere so you can see something before work, and he or she will pull out all the stops to get you safely to closing.

In a recent Trulia forum, Sean Bonini, a Realtor from Scottsdale, Arizona, said, “If you want your agent to provide the best service and support to you then you owe it to them to be a loyal client…interview a few agents, get referrals, do your research, and then commit to one through the entire transaction.”

But if you’re having a conversation with a Realtor you’ve been working with (and they’ve just given you a very detailed answer to your question), and you pipe up and say, “Well I went to an open house and a Realtor there told me such-and-such, and another Realtor in Palm Coast said this-that-and-the-other.”  Guess what, friend, you just moved to the back burner.  You suddenly ceased to exist in the eyes of that Realtor.  Because you didn’t respect the time they’ve dedicated to you and now they can’t trust you.  They now don’t believe that you, the buyer, will get them, the Realtor, safely to closing.

Thought it ran just the other way, didn’t you?  Funny how that works, isn’t it?

So here are some examples of when to, and when not to dump your Realtor:

You hook up with a Realtor and he or she pays good attention to you.  This Realtor shows you 16 homes that are what you are looking for, but you still haven’t found the one.  So you’re driving around the next weekend, you go to an open house and love it, and then you write the contract with the agent holding the open house.  In the meantime, the Realtor who showed you the 16 homes is completely cut out and doesn’t get paid for services he already rendered to you.

If you do this to your Realtor you are a human scumbag (emphasis mine) and I’m sorry if that offends you.  What you should have done is call your Realtor so they could write the contract and get you safely to closing.  Karma has a way of working…as you fumble your way towards closing amidst a flurry of unreturned calls it may turn out the open house agent is working strictly for the seller and is completely incompetent to boot.  But you were too busy to call the good Realtor…it would have meant missing a rerun of The Office on tivo.

Second example:

You hook up with a Realtor and he or she pays no attention to you.  Somehow he mistakenly answers his phone while golfing and ends up showing you a home that you are smitten with.  You actually make an offer on the home but it doesn’t work out.  The Realtor has proved he’s an idiot.  Dump him.  No credit for time served.

To recap: Good Realtor (keep), Idiot Realtor (dump).  

Question answered?  I hope so.

Homes for Sale in St. Augustine: How Can I View Homeowner’s Association Docs Online?

Wednesday, December 1st, 2010

by Sean Hess (Sean@StAugTeam.com), Broker and Manager for St. Augustine Team Realty (www.StAugustineTeamRealty.com).   Join us on Facebook.

So you’re looking to buy, but you want to read the homeowner’s association docs (or condo docs) first.

In real estate circles it’s pretty easy to get these docs.  We either have them on file, can get them quickly from a title company, or in most cases we can get them online from the Clerk of Courts.

If you’re sitting in Montana, however, you’re going to need to go online.

In St. Johns County, Florida, here’s how you find HOA docs online:

  • Go to the Clerk of Courts website at http://www.clk.co.st-johns.fl.us/
  • Place your pointer over RECORDING and click online records search
  • For this example I’m going to try and find the docs for Royal St. Augustine.  So I type in Royal St Augustine in the “Name” box, and then next to the “Document” box I click the gray box, and then scroll down and check the items between (85) and (91), most of which have to do with Covenants and Restrictions (the fancy name for HOA docs).
Searching on the Clerk of Courts Site

Searching on the Clerk of Courts Site

When I do this I only come up with three docs, all amendments to various HOA types in Royal St. Augustine.  But it turns out the first one is what I’m looking for…it appears that the covenants and restrictions were completely redone in 2009 for Royal St. Augustine, and because it’s been done after the fact, it’s classified as an “amendment” in the county records.  The actual title is “Amended and Restated Declaration of Master Covenants and Restrictions for Royal St. Augustine.” 

Now the neighborhood I’m really interested in is Keswick (a neighborhood within the neighborhood of Royal St. Augustine), and I want to see if any restrictions are on file specific to those homes.   So now I just type Keswick in the “Name” box.  Nothing comes up, and neither does anything for “Keswick Royal St Augustine.”  So there proabably aren’t any restrictions specific to Keswick that are different from the rest of Royal St. Augustine.  If I really need to know I call one of my friends in the title biz.

I also tried “Florida Club,” which is a set of condos inside Royal St. Augustine: when I typed the name in the condo docs came up no problem.

A few notes: covenants and restrictions filed before 1990 aren’t online.  To get those you have to go to a real estate or title source, or physically go into the Clerk of Courts office and view them on microfiche.  Also, as in the example above, a neighborhood within a neighborhood may have its own special set of docs so you may have to dig deeper.  In some cases both the condo docs and the HOA docs govern at the same time (Conquistador Condos in St. Augustine Shores, for example) so you have to look at both sets of docs.

In some communities the actual name of the neighborhood is different than what is recorded.  Palencia is known as “Marshall Creek” in the records, while Hidden Lakes is recorded both as “Rolling Hills” and “Chelsea Woods.”

Lastly, some neighborhoods actually have covenants and restrictions on file but the HOA was disbanded at some point or never established, so there is no authority to enforce any covenants (St. Augustine South and Creekside come to mind)…and the residents like it that way.