The real estate market continues at a busy pace, with seasonality virtually thrown out the window as COVID has prevented most folks from traveling like they had in previous years. What I currently see are buyers that are hungry to win – they are willing to pay more than what the last home sold for in the immediate area in order to secure the winning offer. In December I was able to get four sets of buyers into contract:
Buyer #1
There were 15 offers, the listing was in San Leandro, and my client was short of the highest offer by $5K. At first this property appraised $46K under the offer price. I worked with the buyer's lender to rebut the low appraisal and it was adjusted up by $45K, which made the difference between offer price and appraisal value $1K. In this case my client paid 20% down plus an additional $1K to make the deal work for her loan.Buyer #2
In a North Oakland transaction, my clients wrote an offer and it was not accepted. The seller accepted an offer much higher than my clients’ offer. Three weeks later I received a phone call that the accepted offer was about to cancel their contract for personal reasons, (breaching their contract, meaning they had no way to cancel without risking their initial deposit) and after a little negotiation with my clients and the seller, we got into contract for $50K less than the original accepted offer. In this case the appraisal came back $70K short. I reviewed the appraisal, found some discrepancies and worked with the buyers’ lender to rebut the value. The appraiser said he was not willing to alter the appraisal report. In this case my clients started working with their lender to come up with a plan B. Still strongly believing that the appraiser got it wrong, I reached out to the listing agent and asked if the appraisal report from the previously accepted offer (that had canceled) was available to us. She was able to provide me with that appraisal report that provided a value of $50K greater than we were in contract at, and at a value of $130,000 more than the appraisal we were fighting. We challenged the appraisal one last time and prevailed.Buyer #3
My client really fell in love with a property in the Oakland Hills. Because he had already been outbid a few times on other properties, he decided to write a pre-emptive offer, which is typically an aggressive offer that commands a seller's attention. It tells them, “work with me because here is a stellar offer, well over the asking price and completely (usually) contingency-free,” meaning: my offer is not contingent upon the property condition, what it appraised at, or a buyer's ability to obtain a loan. In this case my client did not care about the appraisal and I informed him that there was no sold data to support the offer price he wanted to place. In fact I talked him into offering $25K less than he originally wanted to offer. This home did not appraise, there was no data that I could use to fight the appraised value, and my client purchased the home he loves.Buyer #4
The fourth deal was a fixer upper in the Dimond neighborhood of Oakland. My clients were fortunate and in a very rare scenario, finding themselves in early December 2020 wanting a home that showed poorly and due to a lengthy time on the market, they were the only offer at the time. In this situation my clients were able to get their offer accepted and retain both an inspection and appraisal contingency. The property appraised and there were no issues with the appraised value.
What I continue to see on the deals that I am tracking – which amounts to hundreds of transactions a year – is that many buyers have funds available to them over their 20% down payment. They are waiving their appraisal contingency simply because they want the house, regardless of what the appraisal states. I am also seeing buyers who are willing to take the risk, waiving their appraisal contingency with a plan B in place if the appraisal comes in short. Plan B is often a parent or family member willing to help out, or buyers tapping into retirement savings. Click here to read an article I wrote explaining how appraisal contingencies work.
I want to lift the curtain to unveil a bit of the behind-the-scenes view of a few recent transactions from the buyer side. When you are looking at online real estate websites you will see the photos, the listing price and sold price, but you are not seeing the terms/contingencies of the winning offers. You may hear that most winning offers in our niche market are written completely non-contingent, which means, if a buyer were to write an offer and waive all of their contingencies and not close escrow, they could lose their deposit money which is typically 3% of the offer price.
They are waiving their inspection contingency – a buyer is making their offer to take on the property condition: relying on the reports and disclosures that the seller provided, taking on all of the information in the natural hazard report and preliminary title report. Their offer is not contingent upon insurability, the reason this is important to note is some areas in very high-risk fire zones have high insurance rates. The buyer has also done their due diligence and is comfortable with the neighborhood, schools and has checked crime maps and the Megan's Law Database.
They are waiving their appraisal contingency – meaning they are buying the house at their offer price EVEN if the property appraises for less.
They are waiving their loan contingency – meaning they have confidence in their ability to secure a loan and close and their offer is not contingent upon securing a loan.
No agent is powerful enough to make a seller accept an offer for less money or with weaker terms than a stronger offer on the table, but a good agent is providing their clients with real-time market information so they can be the savviest of buyers.