Some of you will remember my post on the lawsuit in Southern California where the buyers of a home were suing their agent because they felt they overpaid, and the agent had acted to hide that information from them (Refresher available here).
This case had lawyers salivating, and brokers trembling, as it potentially could provide precedent and open the door to lawsuits by home buyers who purchased homes during the recent run-up in housing prices, and are now seeing their local markets stagnate or fall.
According to the following article released by the California Association of Realtors, the jury on the case found in favor of the real estate agent.
There was no mention of the issues that I flagged in my earlier post, namely that the agent didn’t share the appraisal or list of comparable properties with the client, or that he encouraged them to get their home loan through him and use his appraiser.
I’m sure that there are many real estate agents out there who also are great mortgage brokers. I’m not one of them. Frankly, I’m not smart enough to keep up with all the issues in real estate law and the local market, plus all the ongoing changes in the lending market.
Thanks for reading . . .
REALTORĀ® WINS HIGH PROFILE JURY TRIAL
After only two hours of deliberation yesterday, the jury unanimously vindicated a buyer’s agent accused by his clients of failing to disclose that two other homes in the neighborhood sold for less than what they paid. As a trial court case, this decision in Ummel v. Little is binding on the parties to the case, but has no binding authority for other cases. Moreover, the buyers may file an appeal.
This case involved a couple who bought a home in a coastal Carlsbad community in 2005 for $1.2 million. They regretted their purchase when they discovered that two other homes sold for about $150,000 less than theirs. They sued their real estate agent for negligent misrepresentation and breach of fiduciary duty. Their lawsuit grabbed national attention, given the recent downturn in the real estate market.
At the trial, the agent’s attorney argued that there were valid reasons these two other properties sold for less. One home, for example, had a lap pool which was unappealing to many buyers, and the sellers wanted to rent back the home for two years.
What is particularly fascinating is how Redfin’s financial modeling is thoroughly and utterly unlike that of a traditional broker. That makes sense, of course, since Redfin is, well, not a traditional broker. In particular, unlike traditional brokers, Redfin makes its money through the act of – wait for it — brokerage — that is, representing buyers and sellers of homes.
Traditional brokerages — Coldwell Banker, Prudential, ReMax, Keller Williams, Alain Pinel — on the other hand, most emphatically do not make money through brokerage activities — they leave that work to their agent work force, usually a collection of independent contractors. Traditional brokerages, you see, make their money through landlording.
They provide agents with office space, training, mentoring, branding, open house opportunities, telephone lines, etc. and then charge these agents twofold: first, a portion of their commissions (starting at 50% or more for new agents, going down to perhaps 5% or 10% for the top agents, averaging perhaps around 25%) and secondly, a rather long laundry list of fees, including tech fees, desk fees, legal fees, and a myriad of others.
Much of what remains in the agent’s pocket after the broker’s share is divvied up among countless vendors, including the local MLS, newspapers, cell phone carriers, web site vendors, and Lexus dealers.
Here’s a picture of the money trail:
…and here’s one of them new-fangled Sketchcasts…
Further commentary from others:
Ardell summarizes her take on the article: Sounds like the practical people are the ones asking for money, and the impractical ones are the people giving the money.
David G. from Zillow — rumored to have implanted a chip in his brain that notifies him whenever a Technorati Zillow-tagged blog entry gets posted — noted in comments to my previous post that 86% of Zillow users own their own home, compared to the 69% nationwide average home ownership rate.
First, it makes good sense that the large majority of Zillow users are homeowners. I wouldn’t be surprised if the remaining 14% intend to become homeowners.
Secondly, since homeowners are on the whole more wealthy than renters, David G. points out that Zillow’s audience probably skews towards the higher end income bracket.
What does this mean for us real estate professionals? Quite simple: If Zillow is frequented by relatively wealth homeowners with a strong interest in real estate and by non-homeowners who for some reason also have a strong interest in real estate…then why the heck aren’t more of us advertising on there?
Today's broker tour had only 5 homes. Inventory is low right now. Best property was 123 Main Street. 2008-05-30
http://twitpic.com/1l54 - The action on Palmer Lane in Fair Oaks (Menlo Park) continues...673 Palmer Lane on market last week -- 4/3.5/$ ... 2008-05-28
Memorial Day weekend -- expect little open house traffic, and not many open houses to check out. Most Realtors take a break this weekend. 2008-05-23
http://twitpic.com/1e76 - Bummed I couldn't make broker tour today. Wanted to see 12335 Stonebrook in Los Altos Hills -- $45M mansion, l ... 2008-05-23
Palo Alto median home price now just under $2M 2008-05-23
Eye candy alert: 5070 Alpine Road, Portola Valley. Only $8.4M! 7800 sq ft
home. Listing agent Pat Looney 2008-05-22
2 new Palo Alto listings in last 24 hours: 2916 Ramona ($2.5M; 5/3) from
Lynn Chou; 890 N Cal. ($1.6M 5/2.5) from Tim McKeegan 2008-05-22
$895,000 :: 376 Mckendry Dr, Menlo Park CAThursday, 17 July 2008, 7:57 am 3 beds, 1.00 bathsProperty Size: 980 sq ft Lot Size: 4,634 sq ftAdded: 07/07/08, Last Updated: 07/17/08MLS Number: 819766Cottage style starter home in a prime area of the Willows. Freshly painted with. […]
$2,235,000 :: Address Not Disclosed, Menlo Park CAThursday, 17 July 2008, 6:37 am 4 beds, 3.50 bathsProperty Size: 2,380 sq ft Lot Size: 6,396 sq ftAdded: 07/14/08, Last Updated: 07/17/08MLS Number: 821325TWO-STORY TUDOR. BUILT 1936 WITH EXTENSIVE ADDITIONS IN 1997. ARCHITECTUALLY. […]
$1,695,000 :: 491 Claremont Wy, Menlo Park CAThursday, 17 July 2008, 5:24 am 3 beds, 3.00 bathsProperty Size: 2,030 sq ft Lot Size: 8,710 sq ftAdded: 07/07/08, Last Updated: 07/17/08MLS Number: 819701Wonderful Linfield Oaks home close to Burgess Park, the train, downtown MP &. […]
$1,550,000 :: 2359 Branner Dr, Menlo Park CAThursday, 17 July 2008, 2:43 am 3 beds, 2.00 bathsProperty Size: 1,800 sq ft Lot Size: 10,000 sq ftAdded: 07/11/08, Last Updated: 07/17/08MLS Number: 820914Thoughtfully updated classic california home on an expansive professionally. […]
$898,800 :: 515 Bay Rd, Menlo Park CAWednesday, 16 July 2008, 9:57 pm 2 beds, 1.00 bathsProperty Size: 950 sq ft Lot Size: 6,250 sq ftAdded: 04/04/08, Last Updated: 07/17/08MLS Number: 789299Charming two bedroom home has been updated;remodeled Kitchen with top the line. […]
$1,149,000 :: 2000 Valparaiso Av, Menlo Park CAWednesday, 16 July 2008, 9:34 pm 3 beds, 1.00 bathsProperty Size: 1,120 sq ft Lot Size: 8,664 sq ftAdded: 06/03/08, Last Updated: 07/17/08MLS Number: 812512Updated home with easy access to downtown amenities. Fully remodeled in 2004.. […]
$5,450,000 :: 1085 Trinity Dr, Menlo Park CAWednesday, 16 July 2008, 9:33 pm 6 beds, 4.00 bathsProperty Size: 6,796 sq ft Lot Size: 17,304 sq ftAdded: 05/15/08, Last Updated: 07/17/08MLS Number: 809132THIS BEAUTIFUL NEW MEDITERRANEAN HOME OFFERS SWEEPING VIEWS OF SHARON HEIGHT. […]
$2,495,000 :: 2194 Clayton Dr, Menlo Park CAWednesday, 16 July 2008, 9:25 pm 4 beds, 3.00 bathsProperty Size: 3,130 sq ft Lot Size: 14,100 sq ftAdded: 06/17/08, Last Updated: 07/17/08MLS Number: 815525Sequestered by a flourishing garden, this delightful 4-bedroom, 3-bathroom h. […]
$4,995,000 :: 1618 Stanford Av, Menlo Park CAWednesday, 16 July 2008, 9:24 pm 6 beds, 4.00 bathsProperty Size: 6,225 sq ft Lot Size: 14,061 sq ftAdded: 06/09/08, Last Updated: 07/17/08MLS Number: 814047Just completed in desirable central Menlo Park, this newly constructed home. […]
$2,895,000 :: 641 Arbor Rd, Menlo Park CAWednesday, 16 July 2008, 9:17 pm 5 beds, 4.00 bathsProperty Size: 3,370 sq ft Lot Size: 10,000 sq ftAdded: 06/26/08, Last Updated: 07/17/08MLS Number: 817958Magnificent custom built corner lot home in prime central Menlo Park. Wonder. […]
$2,695,000 :: Address Not Disclosed, Menlo Park CAWednesday, 16 July 2008, 9:15 pm 6 beds, 4.00 bathsProperty Size: 4,267 sq ft Lot Size: 10,080 sq ftAdded: 05/12/08, Last Updated: 07/17/08MLS Number: 808134GREAT CUL-DE-SAC LOCATION. CLOSE TO SCHOOLS. OPEN 2-STORY ENTRY WITH SWEEPIN. […]
$2,395,000 :: 1016 Cotton St, Menlo Park CAWednesday, 16 July 2008, 9:14 pm 3 beds, 3.00 bathsProperty Size: 2,498 sq ft Lot Size: 11,000 sq ftAdded: 07/08/08, Last Updated: 07/17/08MLS Number: 819732Classic Elegance and Designer Styling in a Premier West Menlo Park Neighborh. […]
$949,000 :: 1971 Menalto Av, Menlo Park CAWednesday, 16 July 2008, 9:04 pm 2 beds, 1.00 bathsProperty Size: 1,180 sq ft Lot Size: 7,300 sq ftAdded: 07/15/08, Last Updated: 07/17/08MLS Number: 821380OLD WORLD CHARM IN THE WILLOWS. SUNNY KITCHEN WITH NEW TILED COUNTERS, HARDWO. […]
$1,495,000 :: 2010 Ashton Av, Menlo Park CAWednesday, 16 July 2008, 7:41 pm 3 beds, 2.00 bathsProperty Size: 1,806 sq ft Lot Size: 6,240 sq ftAdded: 07/07/08, Last Updated: 07/17/08MLS Number: 819739From the inviting entrance gate to the designer finishes throughout and expan. […]
$2,059,000 :: 715 Monte Rosa Dr, Menlo Park CAWednesday, 16 July 2008, 7:39 pm 3 beds, 2.50 bathsProperty Size: 2,313 sq ft Lot Size: 12,972 sq ftAdded: 04/28/08, Last Updated: 07/17/08MLS Number: 804878Tastefully remodeled home with gorgeous professionally designed landscape! G. […]
$499,500 :: 1155 Carlton Av, Menlo Park CAWednesday, 16 July 2008, 4:18 pm 2 beds, 1.00 bathsProperty Size: 830 sq ft Lot Size: 6,000 sq ftAdded: 07/10/08, Last Updated: 07/16/08MLS Number: 8206202Bed/1Bathwith added utility room. Huge backyard. Garage is currently converted. […]
$739,000 :: 590 6th Av, Menlo Park CAWednesday, 16 July 2008, 1:39 pm 4 beds, 2.00 bathsProperty Size: 1,000 sq ft Lot Size: 4,500 sq ftAdded: 07/16/08, Last Updated: 07/16/08MLS Number: 822089Completely remodelled recently less than 2 years. New windows, bathrooms floo. […]
$429,900 :: 1335 Sevier Av, Menlo Park CAWednesday, 16 July 2008, 7:32 am 2 beds, 2.00 bathsProperty Size: 1,360 sq ft Lot Size: 5,750 sq ftAdded: 07/16/08, Last Updated: 07/16/08MLS Number: 821952This is a gem, not a short sale!!! This is bank owned!Listed With Jacinto Lan. […]
$1,998,000 :: 740 Wallea Dr, Menlo Park CAWednesday, 16 July 2008, 4:13 am 4 beds, 3.00 bathsProperty Size: 2,210 sq ft Lot Size: 10,101 sq ftAdded: 07/03/08, Last Updated: 07/16/08MLS Number: 819423Great location for this tastefully updated Menlo rancher.Spacious living and. […]
$1,999,000 :: 1160 Saxon Wy, Menlo Park CATuesday, 15 July 2008, 8:32 am 4 beds, 3.00 bathsProperty Size: 2,930 sq ft Lot Size: 11,025 sq ftAdded: 07/14/08, Last Updated: 07/15/08MLS Number: 821360Nearly 3000sqft in this spacious 4 bed/3 bath home in desirable West Menlo N. […]
$399,000 :: 719 San Benito Av, Menlo Park CATuesday, 15 July 2008, 5:58 am 2 beds, 1.00 bathsProperty Size: 720 sq ft Lot Size: 3,360 sq ftAdded: 05/15/08, Last Updated: 07/15/08MLS Number: 809111PRE-FORECLOSURE Beautiful Move-In Condition Home in Quiet and Most Desirable Ne. […]
$559,900 :: 575 6th Av, Menlo Park CATuesday, 15 July 2008, 5:12 am 3 beds, 1.00 bathsProperty Size: 1,200 sq ft Lot Size: 4,600 sq ftAdded: 07/15/08, Last Updated: 07/15/08MLS Number: 804760Fabulous Opportunity in a Quiet Tree Lined Menlo Park neighborhood with Menlo. […]
$349,000 :: 1379 Madera Av, Menlo Park CATuesday, 15 July 2008, 4:24 am 3 beds, 1.00 bathsProperty Size: 890 sq ft Lot Size: 6,210 sq ftAdded: 05/10/08, Last Updated: 07/15/08MLS Number: 807973Charming rancher on tree lined street, level fenced yard. Great opportunity for. […]
$1,370,000 :: 688 Roble Av, Menlo Park CAMonday, 14 July 2008, 2:47 pm 2 beds, 1.00 bathsProperty Size: 1,240 sq ft Lot Size: 5,650 sq ftAdded: 06/05/08, Last Updated: 07/14/08MLS Number: 813545Wonderful home located in the heart of downtown W Menlo Park. Convenient loca. […]
$1,398,000 :: 416 Shirley Wy, Menlo Park CAMonday, 14 July 2008, 12:14 pm 3 beds, 2.00 bathsProperty Size: 1,820 sq ft Lot Size: 9,200 sq ftAdded: 06/30/08, Last Updated: 07/14/08MLS Number: 818760Luxury abounds - fully updated - all double pane windows, rich wood floors. I. […]
$1,245,000 :: 785 Coleman Av, Menlo Park CAMonday, 14 July 2008, 11:00 am 3 beds, 2.00 bathsProperty Size: 1,880 sq ft Lot Size: 6,000 sq ftAdded: 07/05/08, Last Updated: 07/14/08MLS Number: 819616Charming 3/2 home has family room plus studio apartment! 1880 sq.ft. includin. […]
$749,000 :: 560 6th Av, Menlo Park CAMonday, 14 July 2008, 9:27 am 2 beds, 2.00 bathsProperty Size: 1,040 sq ft Lot Size: 6,000 sq ftAdded: 06/02/08, Last Updated: 07/14/08MLS Number: 812536Possibilities abound with versatile floor plan in this lovely home; bonus roo. […]
$998,000 :: 5 Iris Ln, Menlo Park CAMonday, 14 July 2008, 9:02 am 4 beds, 3.00 bathsProperty Size: 1,660 sq ft Lot Size: 10,540 sq ftAdded: 06/12/08, Last Updated: 07/14/08MLS Number: 814884Wonderful Rancher built in 1963 on approx. 10,540 SF lot. Vaulted ceilings a. […]
$788,000 :: 501 Sandlewood, Menlo Park CAMonday, 14 July 2008, 7:54 am 3 beds, 2.50 bathsProperty Size: 1,640 sq ft Lot Size: 3,464 sq ftAdded: 06/23/08, Last Updated: 07/14/08MLS Number: 817129Built by Clarum Homes, a renowned builder of energy efficient "green" residen. […]
$1,580,000 :: 1242 Hoover St, Menlo Park CAMonday, 14 July 2008, 6:55 am 3 beds, 2.50 bathsProperty Size: 1,620 sq ft Lot Size: 3,518 sq ftAdded: 06/26/08, Last Updated: 07/14/08MLS Number: 817993Built in 2001. Charming DETACHED townhome in downtown Menlo Park. 10+ locatio. […]
$998,000 :: 538 9th Av, Menlo Park CAMonday, 14 July 2008, 6:14 am 3 beds, 2.00 bathsProperty Size: 1,620 sq ft Lot Size: 5,009 sq ftAdded: 07/06/08, Last Updated: 07/14/08MLS Number: 819684Bright, spacious & ready to move into. Super private away from street. Great. […]
$499,900 :: 667 10th Av, Menlo Park CAMonday, 14 July 2008, 4:33 am 2 beds, 1.00 bathsProperty Size: 880 sq ft Lot Size: 6,741 sq ftAdded: 07/07/08, Last Updated: 07/14/08MLS Number: 819770Country setting, cute, cozy cottage, on a large lot, near Fair Oaks Park. Easy. […]
$1,249,000 :: 624 Harvard Av, Menlo Park CASunday, 13 July 2008, 1:52 pm 3 beds, 2.00 bathsProperty Size: 1,450 sq ft Lot Size: 1,676 sq ftAdded: 07/13/08, Last Updated: 07/13/08MLS Number: 821288Charm and convenience! Close to Stanford and to downtown Palo Alto. Updated w. […]
$376,000 :: 309 Market Pl, Menlo Park CAFriday, 11 July 2008, 11:00 am 2 beds, 1.00 bathsProperty Size: 910 sq ft Lot Size: 5,000 sq ftAdded: 07/11/08, Last Updated: 07/11/08MLS Number: 821085Located within walking distance of Boys & Girls Club and next door to park/play. […]
$346,900 :: 150 Newbridge St, Menlo Park CAFriday, 11 July 2008, 5:40 am 3 beds, 1.00 bathsProperty Size: 980 sq ft Lot Size: 6,325 sq ftAdded: 07/08/08, Last Updated: 07/11/08MLS Number: 820030Needs cosmetic updating and some repair work. 3 bedrooms, 1 bath, 1 car garage.. […]
$374,000 :: 1279 Carlton Av, Menlo Park CAFriday, 11 July 2008, 4:32 am 3 beds, 1.00 bathsProperty Size: 1,030 sq ft Lot Size: 7,440 sq ftAdded: 07/08/08, Last Updated: 07/11/08MLS Number: 815686THIS HUGE LOT OFFERS TONS OF POTENTIAL. THIS HOME IS A CORNER LOT, OFFERING T. […]
$1,525,000 :: 4021 Fair Oaks Av, Menlo Park CAThursday, 10 July 2008, 4:36 am 6 beds, 4.00 bathsProperty Size: 2,870 sq ft Lot Size: 5,000 sq ftAdded: 06/26/08, Last Updated: 07/10/08MLS Number: 8178957 Bedrooms, 5 bathrooms, new kitchen, granite counter tops, giant attic, 2 ma. […]
$598,000 :: 746 14th Av, Menlo Park CAThursday, 10 July 2008, 2:52 am 2 beds, 1.00 bathsProperty Size: 780 sq ft Lot Size: 2,675 sq ftAdded: 06/02/08, Last Updated: 07/10/08MLS Number: 812623Darling updated bungalow in highly desirable Menlo Park neighborhood. Convientl. […]
$2,295,000 :: 519 Palmer Ln, Menlo Park CAWednesday, 9 July 2008, 9:40 am 4 beds, 3.50 bathsProperty Size: 3,354 sq ft Lot Size: 10,000 sq ftAdded: 05/24/08, Last Updated: 07/09/08MLS Number: 783270EXQUISITE BRAND NEW TWO STORY MEDITERRANEAN STYLE... NO EXPENSES SPARED WITH. […]
$551,000 :: 1312 Sevier Av, Menlo Park CAWednesday, 9 July 2008, 7:07 am 4 beds, 2.00 bathsProperty Size: 1,670 sq ft Lot Size: 7,820 sq ftAdded: 05/02/08, Last Updated: 07/09/08MLS Number: 806125PRICE REDUCTION! Wonderful neighborhood. Must see! This one needs a little lo. […]
$1,799,000 :: 510 Gilbert Av, Menlo Park CAWednesday, 9 July 2008, 6:04 am 4 beds, 3.00 bathsProperty Size: 2,548 sq ft Lot Size: 7,690 sq ftAdded: 04/10/08, Last Updated: 07/09/08MLS Number: 800959PRICE REDUCED - Beautiful new construction in the Willows neighborhood of Men. […]
$998,000 :: 6 Heritage Pl, Menlo Park CAWednesday, 9 July 2008, 6:01 am 3 beds, 3.00 bathsProperty Size: 1,868 sq ft Lot Size: 1,764 sq ftAdded: 02/27/08, Last Updated: 07/09/08MLS Number: 780783Map at 996 Willow MP~Model Open Fri,Sat,Sun,Mon 10-5 Modern single family det. […]
$998,000 :: 9 Heritage Pl, Menlo Park CAWednesday, 9 July 2008, 6:01 am 3 beds, 3.00 bathsProperty Size: 1,868 sq ft Lot Size: 1,652 sq ftAdded: 03/31/08, Last Updated: 07/09/08MLS Number: 788086Map at 996 Willow MP~Model Open Fri,Sat,Sun,Mon 10-5 Modern single family det. […]
$998,000 :: 8 Heritage Pl, Menlo Park CAWednesday, 9 July 2008, 6:01 am 3 beds, 3.00 bathsProperty Size: 1,868 sq ft Lot Size: 2,797 sq ftAdded: 03/31/08, Last Updated: 07/09/08MLS Number: 788057Map at 996 Willow MP~Model Open Fri,Sat,Sun,Mon 10-5 Modern single family det. […]
$998,000 :: 2 Heritage Pl, Menlo Park CAWednesday, 9 July 2008, 6:01 am 3 beds, 3.00 bathsProperty Size: 1,868 sq ft Lot Size: 1,763 sq ftAdded: 04/01/08, Last Updated: 07/09/08MLS Number: 788251Map at 996 Willow MP~Model Open Fri,Sat,Sun,Mon 10-5 Modern single family det. […]
$998,000 :: 4 Heritage Pl, Menlo Park CAWednesday, 9 July 2008, 6:01 am 3 beds, 3.00 bathsProperty Size: 1,868 sq ft Lot Size: 1,763 sq ftAdded: 04/01/08, Last Updated: 07/09/08MLS Number: 788241Map at 996 Willow MP~Model Open Fri,Sat,Sun,Mon 10-5 Modern single family det. […]
$599,000 :: 720 11th Av, Menlo Park CATuesday, 8 July 2008, 8:00 am 2 beds, 1.00 bathsProperty Size: 800 sq ft Lot Size: 2,675 sq ftAdded: 06/30/08, Last Updated: 07/08/08MLS Number: 818604Charming, well-maintained bungalow boasts beautiful hardwood floors high, expos. […]
$1,399,000 :: 928 Middle Av, Menlo Park CATuesday, 8 July 2008, 5:05 am 4 beds, 3.00 bathsProperty Size: 1,588 sq ft Lot Size: 3,525 sq ftAdded: 06/04/08, Last Updated: 07/08/08MLS Number: 813054Nestled in the heart of Menlo Park, this newly constructed home blends classi. […]
$1,399,000 :: 938 Middle Av, Menlo Park CATuesday, 8 July 2008, 4:49 am 4 beds, 3.00 bathsProperty Size: 1,577 sq ft Lot Size: 3,525 sq ftAdded: 06/04/08, Last Updated: 07/08/08MLS Number: 813073Just moments to downtown Menlo Park, this brand-new French inspired home offe. […]
$1,295,000 :: 1123 Pine St, Menlo Park CAMonday, 7 July 2008, 10:15 am 4 beds, 3.00 bathsProperty Size: 1,620 sq ft Lot Size: 6,006 sq ftAdded: 05/01/08, Last Updated: 07/07/08MLS Number: 805725FABULOUS OPPORTUNITY TO LIVE CLOSE TO DOWNTOWN MP & PA. CURRENTLY USED AS REC. […]