Jack Webb, the actor who played the rugged, police officer on TV in the 50′s, used to use the phrase “Just the facts, ma’am!” when beginning to interview a  witness or suspect  in the sitcom, DRAGNET.    I used to love to watch  this show, even though it lacked the sophistication we have  now for many detective-type shows, it was all we had in those days to give us a glimpse of the strong arm of the law.  DRAGNET’s  character, played by Jack Webb would repeat this  catchy phrase, “Just the Facts” to try to filter out unnecessary comments made by persons he was interviewing so to get to the meat of the matter quickly and efficiently, and eliminate anything that was nonsense or not essential to his decision-making process.    Jack and his partner, FRIDAY,  had   pretty deadpan expressions  a lot of the time, but this didn’t matter to me as  I just liked the show knowing that  Jack would  ”always get his man.”

Real estate contracts are  an example of an attempt to get “Just the Facts,” too.   In order to get “Just the Facts, the Residential Purchase Agreement contract, used by Buyers to make offers on a property, is eight pages in length, written by very compentent attorneys, and intended to be a precursor to a trial, should it result in one.   Long sentences are designed with multiple options, and done so all in one breath!   Simply…it isn’t simple!   This RPA (acronym for Residential Purchase Agreement) would challenge the genius easily.   This is the Realtor’s bread and butter though it may require a genius to comprehend  every word and innuenedo.   Result?    Training classes (it is changed virtually every six months by the California Association of Realtors) and…more training classes in order to  master it, and then teach it to our clients with best interpretation so that an offer can be made.   This contract is backed-up by many more sub-contracts  that a Realtor puts together in order to culminate  the necessary steps to effect a  deal.  The length of this contract was about two pages originally, then four pages when I got into real estate in 2001, and now it is eight pages in length.  There’s a two-page attachment, the Buyer’s Inspection Advisory, that follows the eight pages.    

I can only comment in brief on this long contract to not allow this BLOG to become  something to read to put one to sleep, so  here’s a few highlights…   Involved in this contract is The Liquidated Damages paragraph, the Mediation and Aribitration paragraphs, which I think belongs at the beginning instead of near the end of the eight pages.   Instead, the front page  describes the way the buyer plans his funds to pay for the property, describing the initial deposit, the secondary deposit (usually after contingencies are signed off, this is initiated 17 days into the contract), the down payment, and  description of the loans (in detail including interests and types of loans like Conventional, FHA, VA or Owner financing,) which can be pretty indepth, as we attempt to maintain the objection of, “Just the Facts!”  

All of the RPA  is written in very legalistic language, and honestly, it’s hard for a layman to understand it.   We as Realtors have the challenge of filling it out now with software that can attempt to force the agent  to type in an area, wait for it to “fill” and then figure how to get the rest of the blanks to respond to your command of what you want typed where, including calculations of down payment, loan, deposit, etc., which, again, much seems out of order to me.    After all, that’s what software is all about…to make things easier and more correct, right?   Well, in this case, it makes it more frustrating to fill out.    I used to work at Hewlett-Packard and Apple computers, and have been on computers longer than I wish to comment, and they have their pluses, no doubt!    The benefit of  the software version is that it is typed and no sloppy handwriting leaves the reader to wonder about “a’s” and “o’s”, and it is cleaner!   However, it was  easier when the contract was filled out in paper with pen and a couple carbon copies;  relatively short by comparison to today’s version.      

The California Association of Realtor’s contracts, better known as “The CAR Contracts” are  impressive and a thing of beauty to behold, but can be difficult because of the software that is not all that “user friendly.”    It is time-consuming to  explain it’s details to a client to be clear about  all the important phrases, and the extent of what the phrases  mean, all of which ultimate objective is to get “Just the Facts” in order, and the paperwork signed by  Buyers,  Sellers,  Listing and Seller’s agents.    It’s actually quite an achievement to bring so many parties together for the one objective, and though lengthy, said without unnecessary frills.  

So, as that cute, little girl  on the Kaiser Permanente commercial says when asked if she knows where babies  come from, she replies…”It’s complicated.”   That is a good definition of the  RPA contract too!   Be sure your agent understands this important document, as it is the headliner of the whole show!

Some things about real estate have always seemed grossly unfair, and frankly, “bugged me.”   I don’t know exactly where it came from, but I have a huge desire to see people are treated fairly and as equitably as possible, and I’ve always been this way, wheather doing ergonomic consulting or real estate.

 Maybe it was when I was a child, influenced by  belief in the  Pledge of Allegiance, always a part of the school morning.    I really believed that we are “one nation, under God, indivisible, with liberty and justice for all.”   Or, was it my upbringing by  wonderful parents?    My mother was a very compassionate person;  she never cheated anyone all her life.   My father was the leader of the entire family.   Our relatives were many, since he was one of thirteen children, and worked among his brothers in  the coal mines in Washington, Pennsylvania.   His  courage moved him out that job and into a corporate profession of manager of traffic and transportation, eventually working at Lockheed Missles and space in Sunnyvale.    

I loved and respected both my parents, who instilled in me a deep sense of religion and love toward God as I grew up  in a  Lutheran church, where my father was an Elder.   Often times, a religious person is depicted as demanding or cross, but not my Dad, he was always loving and good to everyone, especially to his family.    

How very fortunate I was to have such a good life, and such wonderful examples throughout my youthful years.   Honesty was the golden thread that ran through the veins of both parents.    I grew up somewhat naive believing that most people were “good,” it was better than  believing the alternative, thinking that perhaps being dishonest was “o.k., ” when it wasn’t and still isn’t.

Based on my background, there’s one  thing  about California real estate that really seems  unfair and dishonest to me.   That is  that agents are allowed to represent both parties in a contract.   That includes representing both a buyer and a seller; it’s called “double-ending,” lucrative for the agent, but questionable if both parties are really properly represented.      

When I think about “double-ending”  being lawful in California, I think about the book of Soloman, and how Soloman was able to determine a case of honesty in a unique and effective way.    To me, “double-ending” creates so many problems, that it is no wonder that this lawful act is approved and concludes many deals in California, however, it  likewise causes more litigation than any other  issue in real estate!

The work involved in real estate transactions iis extremely detailed, and must be done with precision, and with great time management.   To represent both a buyer and a seller in a transaction of mutual involvement  puts an agent in the position of Solomon.   Whom do you favor or influence,  the buyer or the seller when it comes to a dispute over something?   How do you see that both are treated as if equally represented by, an independent agent?    This occurs everyday, and many agents have literally gotten rich off of it.  

I, like many other Realtors  have never double-ended a deal, because I think it opens the door to improper judgment.    I know if I worry about ethics, that lots of other agents who don’t care, are doing these deals, and SOMEBODY can always be cheated if they don’t hire their own agent to represent them.    

Real estate is a test in many ways of people.   When it comes to this kind of money, it can bring out the worst in all.    Agents have become outrageously wealthy by  ”double-ending” while other agent’s who could easily represent a client’s interest starve because people want to save a small commission to effect a close, when for a few more dollars they can be using an unbiased agent to represent them.    

To change this law would take legislative approval, not an easy or minor task.  

I hope those of you reading this will never allow yourself to become involved in the trap of using one agent to represent both seller and buyer.   Even the most honest agent in the world could not help but compromise under these circumstances.   I may not be the most honest agent in the world; but I will never do these kind of deals, since I believe it’s important both parties seek equal representation.   That’s the way our entire court system is set up, and it is done this way to see that each party is fairly represented.

Our courts already  fail in many ways.   The innocent are often time pronounced guilty, and the rich too often  go free, but in a case where finances and lives are so intricately involved, we need to correct this horrible law.   We need to see that no deal goes through without EQUAL representation for both buyer and seller.   It’s not just the right thing to do, or the kind thing to do, but the most honest way to manage a real estate transaction.

Shortly after moving to Pleasanton, California, and re-establishing my Really Care Really buisness, I aligned myself with Intero Real Estate of Livermore.   In these difficult times, it takes a united effort  to best service clients, and I believe that Intero will lve up to its reputation of integrity and good business, which continues to be my objective.    

Although physically located in Pleasanton, I will still provide services to the South Bay area, where much of my family resides.   I want to encourage homeowners whom are in a short sale situation to align   themselves with an attorney to help with the sale of their property.   I have names of numerous attorneys who can help in any situation including bankruptcy and to assist in short sale processing.  

I’m not alone, and know that other brokers  align themselves with other groups to effect the best for their clients.    Clients must realize how critical it is to be cautious in selling or buying property during these difficult economic times.    I’m convinced the support I receive through Intero, combined with  real estate attorneys,  that my client will be in good hands.    I look forward to helping my clients to solve their real estate issues.   I continue to take coursework, primarily attorney presentations, to solidify my legal compliance and make every deal the best possible!   That is my commitment to you!

By:   Patricia J. Johnson, Broker/Owner, Really Care Realty, Sunnyvale, CA 94086  PH: 408-737-1695    Residential Real Estate, Counseling and Mediation Services

1.    Don™t use the dishwasher, or use air dry, not heat dry.   Best savings:   Dish washing tray

2.    Remove leftovers to freezer or throw away if less than 1 cup.

3     Pay bills on time.   Pay with automatic withdrawal.   Pay on line.

4.   Return recyclables for cash

5.    Don™t shop when hungry or tired (you™ll buy more, probably carbs!)

6.    Turn off the pilot light on the furnace in the summer.   Or tell your provider to do it.

7.    Don™t loan money to anyone without charging them some type of interest or work exchange.

 8.    Buy a simple math book, self-study, make sure no one is cheating you.   Or learn online.

9.     Fill up gas tank when prices are low, and fill marginally if prices are high, wait for reduced price.   Make multiple trips instead of one trip, do multiple tasks at once.

10.  Have a garage sale, and mark things very reasonably.  Buy at garage sales for yourself!    

11.  Sell off antiques, but make sure you know its value.

12.   Keep your home/apt clean, it costs more to buy toxic chemicals to clean it otherwise.

13.   Use discount coupons, and pay cash if possible.   Negotiate at every opportunity.

14.   To organize bills:   Pay off lowest amount owed first, then any credit card that is the highest interest, typically, retail credit cards.  

15.   Take time to set up car pool if commuting.   Alternately consider shared housing (commuter housing) during work week if distance is about the same in cost, do regardless if consistent driving is hazardous for you.  

16.   Know how to calculate # of miles to the gallon for your vehicle. (online)

17.   Always use public transportation to get to/from work.   Live close to your workplace

.18. Reduce amount of detergent when washing clothes.   Hang dry instead of using dryer.

19.   Wash clothes in the bathtub instead of using washing machine.

20.   Buy food, vitamins and prescriptions at discount stores.   Use œa friend™s membership card, have your name on his card paying a fee, or realize he gets cash back at end of year for every dollar spent.

21.   When buying foods marked down, look for expiration date.   Be careful buying discounted meat as there is a chemical released as it ages which can be derogatory.  

22.   For birthday gifts, shop, don™t give cash or gift cards, you can probably buy it on sale cheaper.

23.   Keep all receipts for at least 30 days in case you need to return something, not just get store credit.   If you used credit card, post the receipt on the wall where you do your bookkeeping to be sure return credit was applied back.

24.   Buy weekly necessities as close to home as possible.   Live within walking distance of your bank and market.  Buy a home with a working fireplace for heat emergencies.  

25.   Rent DVD™s from public library, always return on time.   Buy used books from them.   Don™t™ buy cable.   Buy a newspaper to get updated news.  

26.   Use one or two fans instead of air conditioner.   Always rent where there is a pool to use on really hot days.   Alternately, take a few showers during the day.   Make sure apt pays for water.  

27.   Rent an apartment downstairs to stay cooler, and reduce risk of falling down stairs.28.   Use low-watt bulbs or LED™s to reduce use of electricity.

29.   Family dinners.   Agree that everyone bring his own meat and one side dish, excepting major holidays.

30.   Keep car in garage or carport to reduce need to wash/wax it.  

SSS!   Short Sales Solutions Patricia Johnson, Really Care Realty, Sunnyvale California  
408-737-1695    

   I have a Short Sale and Foreclosure certificate through National Association of Realtors, and counseled  individuals about remedies, but an attorney should be the first phone call to make to avoid wrong decisions and to stay within lawful compliance.    

There are lenders who will finance a Seller into a lower price  property if the mortgage payments are kept up on the current property.   That may be a big œIF in situations to maintain a mortgage payment if unemployment is part of the mix.   As I™ve counseled many, I found that more clairvoyance and a better reality check was critical, but most either CAN™T do anything or WON™T do anything to salvage their credit and stay in their home.  

Solutions can be to rent out a bedroom or two, take two jobs or ANY job, and stop paying for college educations and get the kids  to come home and get a job to help keep the house.  The Seller  (if the breadwinner) can relocate himself and send money home to the family, if he can find a job out of the area,  state or country.  This is what persons from other countries do!

 Immediate resource is to borrow from family if they can help.   Most seem to having trouble coming to grips with the reality of the situation and while trying to psychologically catch up, another day passes with no new job, and hours on-line generating resumes for jobs that simply don™t exist.   Regardless, to prevent further difficulties, a Seller should do all possible to continue to make payments on the mortgage to salvage good credit standing and prevent further spiritual and financial decline.      

In a distressed situation, a Seller  can still  live on a property for a while without paying the mortgage, however,  once the Notice of Default (NOD)  has been served, it  is  indicative that the property is  now in a status of Foreclosure.   Foreclosure begets  Auction.   If it doesn™t sell there, it becomes a bank-owned property, better known as an REO.  In a short sale, the Seller  may still owe the bank for a period of up to four years after escrow closes, plus accrued interest.   The new laws have changed this fortunately!   Although safe from owing on the first loan now, the second loan still carries the same threat, that bank can still try to retrieve monies from a Seller where there was a sale that was underwater.  

Not only could a Seller  owe the default amount  originally granted back  by the bank, but it™s possible the IRS will also  tax  that bounty as  œOrdinary Income.    There have been times when there is  a  moratorium on this,  which the IRS or CPA can be contacted to know if existing now.  

One thing the mortgage broker who originate the house loan did not bother to discuss with the homebuyer is explaining the terms  non-recourse and recourse loans.   In a non-recourse loan, the lender generally  cannot come after a Seller  for the defaulted loan, however  in a recourse loan, it can.      When buying a property, a Buyer needs to secure  the  best loan terms  possible.    This is called œa purchase loan.   The  loan ideally is a  œfixed-loan, since  generally an  adjustable loan, will need refinanced in about three years.   One way a loan converts from being a non-recourse loan to a recourse loan is when it is refinanced.    It™s possible that a Seller could have one non-recourse loan and a second loan that is a recourse loan.   In every case,  the first lender is supposed to be able to collect on its™  loan fully, and the second lender receives  nothing, except with the volume of short  sales, terms are softer now in order to  close a short sale.   Now,  the first lender will grant something to the second lender, who if not paid sufficiently will literally kill the sale.      

Every case, every house, every situation is unique¦no matter what, a Seller must take whatever funds he has to talk to an experienced real estate attorney.   Most agents will not even list a property unless that Seller has an attorney in the wings.    It™s a team-relationship, since the average attorney would never do all the details involved in a short sale,  and relies on the agent to do part of the work required.   Attorney referrals are available on this website, or call me at 925-484-1420,  and I will refer you to a local real estate attorney.    Review Seller and Buyer areas of www.reallycarerealty.com for a list of locals in the Bay Area generated from Santa Clara County Association of Realtors.

Believe it or not!   Sometimes it is better to let the property foreclose than do a short sale!   GET AN ATTORNEY’S ADVICE ON WHAT TO DO IN YOUR CIRCUMSTANCES!  

It seems the banks considers the real estate agent the first place to go to reduce commission, but California law stopped this practice.    In California the margin of short sales closing tightens daily.   For an agent a short sale listing has  no promise of closing, (generally there are liens on the property too!) and easily 100 times the frustration, cost,  and three times the normal work involved, with pronounced higher liability to the broker and company.    

Risky also are loan modifications, which have even worse track record of working  than short sales¦again, talk to a real estate  attorney, if  in this situation or considering it.    Statically few loan modifications resolve the problem, and go into default sooner or later.    

I™ve heard a lot of different solutions including if a Seller has a  recourse loan, to just file  bankruptcy versus pursuing a short sale.    Nobody wants to go through these types of financial situations, but remember that our laws do, indeed, permit bankruptcy for situations just like this.   Talk to a bankruptcy attorney.   It does stay  on a credit report  for 10 years, unlike a foreclosure which is 7 years.  

If the Seller can miraculously recover, find a new job, or whatever the case, and begins to build his credit again, most likely higher interest will be offered for any credit, but in time it can get better.   I can refer to organizations that help with building credit back to better  credit scores.   A bankruptcy is a court filed document and erasing it from a credit report is not going to happen until it plays out its years of reporting.  

There are income tax solutions too.   The IRS offers the Offer in Compromise for those unable to pay taxes.   Go to the IRS.com website, and do a search for the œOIC forms.   It™s a lengthy form, but actually doesn™t require a lot of filling out.    Most CPA™s can manage this task for a fee, or do it yourself but read the form carefully.   The typical reduction is to have the tax payer only pay 10% of what is owed.    A tax payer who receives this benefit must pay his  taxes on time for five years if accepted, or the original amount due can be re-imposed.    

Like any government agency, laws are constantly changing,  it behooves a person to  investigate and be sure to understand the terms of this tax relief.  In most cases, all the above information is researchable on the internet, but using the right  attorney and CPA the easiest, but doing things oneself is possible.  

All this information above is best  described as œmy opinion and is not intended to replace or correct any legal advice that an individual should be procuring from persons who are credentialed  in these matters.   Patricia Johnson  is not an attorney, is not attempting to practice law, and cannot provide legal advice to anyone.    

Once a Seller discusses his  specifics  with an attorney, clear direction can possibly open doors, and better options should result.   Then it™s a matter of just implementing the plan.    

I recently joined a “GREEN” group through my www.linkedin.com account.   Here’s what you might consider  as things you can do to reduce cost of energy.  

Turn off the pilot light on the furnace during the summer or warmer months.
Only use dishwashers  when full, and air dry not heat dry.  
Buy a house that has a fireplace, and have cooking tools to use it if power goes out.
Planning your landscaping, use plants  that require very little water to survive (not just cactus!)
When evaluating buying  a property, consider what businesses you use most frequently and if they are within a close proximity.    Best is to plan to be able to always WALK or BIKE to a grocery store or bank.
Shop online, or shop as close to locally as you can.   When shopping, do it all in one day, not driving out for multiple trips every day.
Live in a GREEN apartment community that does not heat their pool in the summer.   If you are planning to build a pool in your yard,  consider one that is only  4-5′ deep.  
Use low-water toilets; take shorter showers. Parents can take youngster into the shower with them rather than filling up a bathtub.   (age and sex depending!)
Live in house or apartment with good insulation and doors & windows  insulated. Double-paned windows may not bring the insulation quality you seek.      
Install an attic fan for summer heat relief.    
Heat rises to the top, and plan more cooling at second level of apartment or home.      
Select a home that accommodates the number of people living in it.   In California, for every home there are only about two people living in it.   Most houses have excessive  bedrooms, family rooms, lofts, etc., to heat or cool, when no one is using them. Find a way to not heat or cool certains areas of the house when not in use.
Consider not buying homes with high ceilings, much of the heat/cooling is lost in the ceilings.
Keep the furnace down if working at home, and wear a sweat-top if needed.   Work in the room that is the coolest in the summer and warmest in the winter.  
Use insulated draperies on the windows or investigate insulated blinds.    
Collect and return recyclables.  
When printing, select “Print this Page” tryi to  avoid printing excessive pages with  unimportant data on them.   Estimate  if any page is nonessential.    Optional, Cut and paste only the information  needed into MSWORD to print instead of printing whole articles with only one or two lines of superflous information.        
Use 2x strength soap powder to wash clothes, then use a same-size cup measurer to be sure not to use anymore than needed.
For home dryer:   Select drying clothing by approximate minutes.   Remove clothes when done to avoid having to steam or iron them later.  
On sunny days:   For some clothing, just hang on hangers and place on a rack to dry, setting in sun.  
Drape sheets over patio chairs to dry bedspreads or sheets.   Nice if you have a clothesline to dry larger items.  
Use simple products like bleach and water to sanitize sinks, toilets, bathtubs, and clean more frequently, versus allowing build-up or using specialized products that pollute.
Limit use of plastic bags for groceries by using cloth-type carriers, and wash carrier bag frequently.    If buying a lot of groceries try to carry in a box.  
When family get-togethers occur, carpool.      
Spot-clean carpeting periodically instead of more frequent cleaning throughout.
Buy a home that has hardwood or Pergo-type flooring to reduce cost of cleaning carpets.  
Recycle all types of house-construction items.   Tiles can be removed from a roof and resold.   THINK RECYCLE when disposing.  
Take time to visit homes that are advertised as GREEN, to find out what you can do to make your home MORE GREEN!
 

I love selling good investment properties.   I especially love selling properties that are close to being new.  

There are many options to buying properties of newer homes located throughout Silicon Valley, where builders select an area and build on maybe a small acre or two.    The problem with this, is that they are located in areas where there’s a lot of older developments.   This pulls down the value of the new homes when Sellers want to sell it.  

In the Silver Creek area of Evergreen, San Jose, off 101, close to the 85 intersect and before arriving at Morgan Hill,  is a huge development known as Silver Creek.   These  homes generally start in the $900,000 to $4,000,000.   Graced with  every amenity you can imagine!   It has a Country Club, Swim Club and rests among rolling hills, with fantastic views!    If a Buyer selects to purchase  within a large development of assorted homes, built around the same  time, and multiple floor plans and price ranges,  it  maintains  good future property value because they are “like-kind”.   Contrary to this is a new home built around homes that are very aged.    In that case,  property value will  be diminished by an older home next door.  

I target the Silver Creek homes because I want to sell the BEST!.    The advantage of buying in this area is that the homes are 11 years or younger, and they are spacious  homes on larger than normal lots, with  elite values like a Country Club, Swim Club and Golf Course.   It’s unbelieveable that we can actually appreciate this kind of property so close to downtown San Jose.   To get into most of the industry in our area, its just a  quick hop onto 85 or 101 to commute to  major corporations.    

I am in process of touring these properties EVERY WEEK to become the expert  about the floor plans, sizes, and amenities,   If you want to join me, to just see what’s on the market in the area, just call me!    

The Open House I performed on Sunday at 5815 Newgate Court, was showing one of the SMALLER homes in the Silver Creek Valley homes.   It is  2,695 square feet on a 7,405 square foot lot, in one of the best school areas.   I won’t go into great detail here  on this property, as  it went under contract the day of the Open House.    Being under contract should not deter qualified buyers to see a property, however since  until all contingencies are signed off, it is still in a PENDING SHOW status.    So it is viewable by anyone.   I am holding it open again on Saturday, July 11th from 2-4 PM.   List price on Sunday, July 5th was $1,025,000.  

Sunday, I was very busy showing Newgate Court.   There are five other available properties nearby, which I would use as comps for this home.   As many people inspected Newgate, I was curious  whom they were and why were they there?    I found many people coming in without agents who  did not set up tours for them!   Although people do explore by going to  Open Houses, just to get a general idea of price and area,  ideally, they should be working with an agent who will set up several properties to see in a days’ time – called “a tour!”    

Realtors have so much information on properties that it behoves the Buyer to get all the details he can before he spends his precious time walking through an Open House.   I have all the scoop on property, BEFORE you look.   By calling me, we can TOTALLY investigate the details BEFORE driving out.   Then I’ll send you a map, photo of property and discuss other critical information to be sure you want to see it.   Besides this, by my viewing all these properties WEEKLY, chances are I’ve already walked through many of these homes and have a personal experience of seeing it, essentially working AS YOUR EYES!  

I was surprised how many visitors  actually already lived in the area, who were looking to simply MOVE UP from their smaller home.   Because of the huge range in size, and price, this CAN BE DONE in EVERGREEN area.    

The  marvelous beauty and elegance of these homes, is only exceeded by the great investment value!    It’s an unforgetable experience to view these properties.   I am specializing in this area, but of course, I know about A LOT of areas in Silicon Valley, having lived and worked here for over 30 years.   I’m  happy to show you what you want to see — ANYWHERE!

Call me if you want to see something that you may find at www.MLSLISTINGS.com and I’ll take you out for a tour of these homes or others!   I can set you up with an automatic system to receive the properties meeting your criteria, and send it out to your email address to keep you posted on the latest developments in the area of your choice.   You can set it up to receive immediate notice, every other day, weekly or monthly, at your preferred time.

Help me to help you to take out some of the labor of looking at Open Houses and homes…it’s a cinch with the technology we have at hand…at least those Realtors who know how to USE IT — and I DO!

Call me today!   408-737-1695

Welcome to Patricia Johnson’s Blog! This blog will provide you with valuable information, tips, and general insight into the real estate market in Silicon Valley, California!