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Category Archives: real estate

“The Art of the Highrise”

18 Monday Mar 2013

Posted by Mary Anne Walser, REALTOR in real estate

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agent, and marketer, architects, atlanta, Buckhead highrises, buy, condo, designers, Fellini’s Pizza, Garden Hills, home, house, Peachtree Road, property, real estate, sell, St. Phillips church, The Carlyle, THE GALLERY

photo

THE GALLERY
2795 Peachtree Road

In my visits to Buckhead highrises, I am charmed by the way Buckhead buildings work to distinguish themselves from one another. We have so many highrises, but most of them are very different from one another in ways that are carefully planned by the architects, designers, and marketers for each property.

This week we take a look at The Gallery – which rises above Garden Hills on Peachtree right across from St. Phillips church and near Fellini’s Pizza. It’s a newer tower wedged in front of the older building known as The Carlyle. The Gallery was built in 2007, right before the severe market downturn – the building has done quite well given that unfortunate timing!

The motivation for the name was originally that the condo building would host many original and unique works of art. Now the art is primarily confined to the lobby, clubroom and foyer areas (and of course the art gallery, also in the lobby), but with its soaring lines, glass exterior and triangulated balconies, the building itself is a work of art, designed by favored Atlanta architects Smallwood Reynolds Stewart and Associates and William T. Baker.

There are 200 homes here on 27 floors, nine homes to most floors. Most of those homes are two bedroom homes, although there are one and three bedroom floorplans as well. The top two floors are penthouse units – four per floor, and floors 24 and 25 are larger units with eight per floor.

The HOA dues are about 32 cents a square foot and include internet access. The fourth floor has the pool, fitness room, clubhouse, tennis court and movie room – and there are two community outdoor living rooms, both with fireplaces. There’s a dog walk area, but no wine cellar (which seems to be the amenity “du jour” these days, but I suppose the Gallery could always add a wine cellar if there’s a market for it).

There are quite a few Buckhead downsizers here and it is generally a social bunch, with happy hours at the club room the first Friday of every month.

In the past year and a half, two bedroom, two and half bath units have sold from $350,000 to $540,000. There are currently seven units on the market from a one bedroom, two bath listed at $365,000 to a three bedroom, three bath unit listed at $795,000. Call me if you have any interest in exploring The Gallery!

Mary Anne Walser
Keller Williams Realty of Buckhead
#1 Individual Agent in 2012!
maryannesellshomes@gmail.com
404-277-2537

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NEIGHBORHOOD REAL ESTATE REPORTS

04 Monday Mar 2013

Posted by Mary Anne Walser, REALTOR in real estate

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agent, atlanta, buy, home, house, inventory, market report, Mount Paran, neighborhood, Northside, price, property, real estate, sell, sold, value

What’s going on with real estate in YOUR neighborhood?

I recently did a market report for the Mount Paran/Northside neighborhood – set forth below. I’m happy to do one for YOUR neighborhood or for your specific home if you’re interested. Just contact me at mwalser@kw.com.

The Atlanta real estate market in general is busting wide open.  Finally!  We are seeing properties which are well priced and in good condition move within days with multiple offers.  We have a lack of inventory, and lots of buyers.  We believe that the market will continue to improve.

But what does it look like specifically for OUR neighborhood, Mount Paran Northside?  Generally, our inventory is low, homes are moving faster (but primarily only if they are well priced and show well) and prices are rising.

I took the precise boundaries of the association for my search, and here is a snapshot of our current real estate picture:

Right now there are 41 properties actively listed on the market in Mt Paran-Northside ranging in price from $579,000 to $7,995,000.  There are twelve homes that are under contract.  The list prices for those homes ranged from $499,999 to $2,395,000.  Since the first of this year, three homes have sold – at $845,000 (on market for 95 days, sold for 99% of original list price), $1,650,000 (173 days on market, sold for 94% of original list price) and $2,060,000 (on market for 120 days, sold for 84% of original list price).

So, how does this compare to last year?  In all of last year, from 1/1/2012 through the end of December, 49 properties were sold, for an average of about four properties per month.  With fifteen homes either sold or under contract after the first two months of 2013, we are off to a good start!

Now let’s take a look at trends in MPNS since 2007.  It seems that we reached the bottom of our sales price slump in 2010 – things looked up in 2011 and hit lows again in 2012 – but we are clearly on an upward trend.  These graphs are a summary of ALL properties sold within our community boundaries from 2007 – present day.

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SOARING AT THE SOVEREIGN

21 Thursday Feb 2013

Posted by Mary Anne Walser, REALTOR in real estate

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3344 Peachtree Road, agent, Aqua, architecture, atlanta, Atlanta Financial Center, Atlantic Station, Buckhead, Buckhead Grand, buildings, buy, condominiums, Floorplans, highrise, home, house, Lenox Mall, Midtown, Phipps, Piedmont, real estate, sell, Smallwood Reynolds, SOVEREIGN, Stewart Stewart & Associates, terraces, The Aberdeen, The Atlantic, The Brookwood, townhome, Vinings

SOARING AT THE SOVEREIGN

Ah, Buckhead! The hustle and bustle, the bars and restaurants, the buildings old, new and yet-to-be-builts. Who of us has not dreamed of one day living in the shiny towers that overlook our most affluent and vibrant city center? If you’re in the market for a shiny highrise, or a more sedate townhome, we are putting together a rundown of some of them for your consideration. This will take several weeks (we have a lot of them!) so if your favorite isn’t featured this week, stay tuned!

This week, SOVEREIGN – at 3344 Peachtree Road, built in 2008. The condominiums occupy the 28th through the 50th floors.

This is my personal favorite of the shiny new highrises. I love the exterior architecture – the “slice” of building that cuts through and the curves that add interest. The building was designed by the Atlanta architectural firm Smallwood Reynolds Stewart Stewart & Associates.
Smallwood Reynolds also designed other iconic Atlanta condo buildings:
Buckhead Grand (just around the corner from Sovereign), The Brookwood (the Midtown side of Buckhead), The Aberdeen (in Vinings), Aqua (in Midtown) and The Atlantic (rentals at Atlantic Station that will likely one day be converted to condos).

But of those buildings, I think Sovereign is their best work, and they have won many awards for the design. And Sovereign does things right inside as well – the condos are roomy and have the best outdoor spaces I have seen in a condo highrise. They are like an outdoor living room; much larger than in other buildings. The outdoor terraces are cut INTO the building (rather than extending out) and are quite big, so here you can have an outdoor fireplace and even a grill on your terrace, where in other buildings you cannot due to city codes. I also like that the kitchens are all very open.

The floorplans vary – there are seventeen in all, but the kitchens all open to the main living space and there is always a separate dining room.

There are only 82 homes in this elegant and upscale building. At 665 feet tall, it is the tallest residential building anywhere in Georgia (and the 9th tallest building, counting commercial buildings, in Atlanta). The décor is classic modern. The building is also an OFFICE building, but the offices are completely separate, and the condos have their own elevators. What the condos and offices DO share is the Buckhead Club – a private club featuring meeting, dining and fitness facilities. If you live in the Sovereign, the fitness facilities are yours to use 24/7 as part of your HOA. To use the Buckhead Club, you have to buy a membership to the tune of about $1500/year.

But while your HOA does not cover membership in the Buckhead Club, it does cover several private clubrooms (including one where each resident has their own mini wine locker) that you can use. There is also a saltwater pool, 24 hour security, catering kitchen and a guest room (like a hotel room – where your guest can stay for $125/night). The amenities are on the 28th and 29th floors.

Some considerations if you plan to live here – there are several of what may be “extras” at extra cost that are worth considering. Retractable blinds, for instance, to cover those floor to ceiling windows when you want to, and you’d probably like the blinds in the bedrooms to be blackout blinds. This will cost in the neighborhood of $15,000-$30,000 for an entire unit. Also, since the terraces are unique in being ABLE to grill or have a fireplace, it’s worth doing that – it’s like adding an extra room to your condo.

Sovereign is hard to miss because of its distinctive exterior architecture.
It is on Peachtree just south of Phipps and Lenox Malls, just North of Piedmont, and across Peachtree from the Atlanta Financial Center.

The Sovereign units are still being sold new, by the developer – and listings range in price from $890,000 to $2,475,000, and there have been reported sales up to $5,000,000. Homeowner’s association dues are approximately fifty-eight cents a square foot and the square footage ranges from 1500 to 10,000 square feet per unit.

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THE APPRAISAL PROBLEM

11 Monday Feb 2013

Posted by Mary Anne Walser, REALTOR in real estate

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agent, Appraisal contingency, Atlanta market inventory, buyer, buying, comparable properties, construction, contract price, geographic radius, home, house, listings, mortgage, neighborhood, payout, property seller, real estate, realtor, school districts, sell, selling, sold, Square footage, style

Appraisal BalanceYou have probably heard this by now, but the Atlanta market, in most areas, is rapidly becoming a SELLER’S market again! We have more buyers than we have good, well-priced inventory, and as a consequence listings that are in good condition and well-priced are going quickly, sometimes with multiple bids.

Sounds great for sellers, and it is – but there is also a catch.

Almost every final purchase contract contains an appraisal contingency. The appraisal contingency states that the property must appraise at or above the contract price. If the property does NOT appraise, the buyer presents the appraisal to the seller, and the seller has the opportunity to agree to pay at the reduced appraisal price. If the seller does not agree to that, the buyer may terminate.

Here is where we often get into a big problem. By definition, appraisals are backward looking. The appraiser looks at similar properties that have sold in the recent past within a certain geographic radius. Even when the market is rapidly improving, the appraiser is bound by the sales that took place in the past. So as you can see, prices cannot rebound suddenly and quickly; the appraisal process does not allow that. Prices must rise more slowly and steadily, as appraisals must build upon homes that have already sold. Good appraisers will also research other properties currently under contract and set to close, which is helpful; but cannot completely take into account a market where suddenly there are more buyers willing to pay more for houses.

To illustrate, good well-priced homes are selling with multiple bids within days of being put on the market (or even BEFORE we list them). The contract price is often higher than the home will appraise for, so buyers are even, in some instances, agreeing to pay extra cash to pay ABOVE appraised value. There is one listing where the buyer agreed to pay $75,000 OVER the appraised price; while that is more than most buyers would be willing to cover, there are others willing to pay more than the appraisal says the property is worth.

And it’s not just home sellers who need to take this into consideration. Any homeowner who has a need to determine the current value of the property should take heed of this dynamic.  For instance, divorces. What this means is that if you are the divorcing party accepting a “payout” you may want to either wait some period of time before you agree to appraise the house for  the payout, bargain for a higher payout that might otherwise be negotiated, or provide in the settlement that there will be another appraisal in a year, having the party keeping the house pay you half of the increase in value in the home at that time.

If you are curious what your home might be worth in this market, here are some of the pertinent factors.  If you contact a Realtor, while they are not appraisers, they can pull comparable properties for you and give you an idea of what your property might be worth in this market:

  • How many beds/baths?
  • What type construction (brick, frame, vinyl or stucco?)
  • What style (two story, ranch, split level?)
  • What year was the house built?
  • Any significant upgrades or renovations and if so, what year – and a short description of what was done.
  • Parking – is there a garage or carport?  Two car?
  • Square footage of the home and acreage of the lot.
  • Neighborhood and school districts.

Armed with this information, a Realtor can help you determine whether or not your home is in a high demand area and poised to receive top dollar in this improving market. Just keep in mind that you should also have a strategy for handling the appraisal if it comes in lower than your contract price.

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How do you know when the PRICE IS RIGHT?

06 Wednesday Feb 2013

Posted by Mary Anne Walser, REALTOR in real estate

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agent, buying, comparable market analysis, dollar, home, house, Just Listed, list price, market, mortgage, property, real estate, right price, selling

House Price2

What’s the “right price” when you’re selling your home?  The longer your home sits on the market the less you’ll ultimately get for it, so you want to sell fast at top dollar; everyone does (and should).  How can we do that?  What’s the ultimate list price to accomplish your objective?  It’s a little trickier in the current environment, where we are low on housing inventory and it’s turning into a seller’s market.  It’s tempting to overprice.  But the key is to determine what price will draw those eager buyers and still get you top dollar for your home.  That’s where we step in.

First, remember that the list price should not be based on what you paid for the property, what you need to pay off the mortgage or what the price to rebuild the home would be today. What truly sets the right price is what a willing buyer is willing to pay RIGHT NOW and quickly, afraid that if they don’t buy it right away someone else will.  So the right list price takes into account a number of factors, including what other homes are out there that you’ll be competing with, and what’s sold recently in your neighborhood.

We do a comparable market analysis (CMA) for your property to help find this value. The CMA will compare your property to similar properties in your area that have sold in the past 6 months. This analysis takes in to consideration size, condition and improvements. Then we take a look at what is currently out there – the homes you are competing against.  Are you the best at the price you are asking?  That is what we are striving for.  You can see from the chart below that CONDITION is as much a factor as pricing.  You want to be the home that’s in the best condition at the lowest price – and that’s how you get “chosen” by a buyer.

Chart 1 - In market

In order to steal buyers’ attention from all the other listings you have to be better than the rest at the price you’ve chosen.  Listing your property as little as 10% above your determined market value will mean that that you will lose many potential buyers (according to the chart below, seventy percent!) who won’t even see your home because it’s overpriced.

Chart 2 - Triangle

The third and last step to price your property “right” is to take FULL advantage of the first 30 days that your property is on the market. Do not fall into the trap of “trying out” an above market price for a few days just to “see if it sells”. Many sellers make this mistake and end up selling below market value. Your listing attracts the most buyers when it first hits the market. All buyers are on the lookout for “Just Listed” properties every day. If your property is listed above market value from the start, it will be missed by all those potential buyers. After even the second week of listing, property showings begin to drop.  So if you don’t have ANY showings the first two weeks, you are clearly overpriced and should drop immediately – it is already almost too late!

Chart 3 - bar graph

If you are ready to sell fast and get a great deal on your property call me today.  I will provide you with a thorough CMA specialized for your unique property so we can determine the “right” price and sell fast.

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WHAT HAPPENS AT CLOSING?

29 Tuesday Jan 2013

Posted by Mary Anne Walser, REALTOR in real estate

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buying, closing attorney, CLOSING STATEMENT, Good Faith Estimate, house, HUD Settlement Statement, inspection, lawyer, lender, Liens, loan closing, offer, property, real estate, realtor, selling, TITLE SEARCH

Closing Table

You have found your dream house. Made an offer, came to terms, got through inspection.  Finalized the loan and have prepared to move. Once all that is done, there’s nothing left but the final – and crucial – hour. The closing.

So what happens at this mysterious event we call “THE CLOSING”?  Many buyers are intimidated by the closing, particularly since it takes place in a lawyer’s office and involves signing page after page of legal documents. Enough to give anyone a headache.

But really, truly, you as a buyer should take a deep breath, relax, and ENJOY the closing.  Enjoy the free soft drinks and chocolate provided by the closing attorney.  Quiz the sellers about the neighbors and nearby stores and what they will miss most about the house. Laugh with your Realtor about the homes you saw that were awful (“remember that bright orange kitchen in that one house?”). Shake hands with your lender.

You can RELAX, because at this point if your Realtor and lender have done their jobs, the hard work is all done.

The closing attorney works for the lender. As a practical matter, the lender’s interests are aligned with yours, as the buyer. The closing attorney, weeks prior to the closing, ordered a TITLE SEARCH. A title search is a canvassing of the relevant county records to make sure that the seller owns the property and that there are no “liens” or claims against the property. If there are any liens, the closing attorney’s job is to clear those liens so that you are getting title to property clear and free of anyone else’s claims against it.

You don’t have to worry about any of this – because as the representative of the lender, the closing attorney has already cleared title. Pursuant to the Georgia contract, the Seller must convey clear title.  So if you’re sitting at the closing attorney’s table, title is clear. (If it’s not, the closing attorney will let all parties know and the deal will not close as scheduled until title IS clear; but typically if there is a problem you will know well in advance of the scheduled closing).

The closing attorney will first present all parties with a CLOSING STATEMENT – also known as a HUD Settlement Statement, or simply “HUD STATEMENT”.  HUD stands for Housing and Urban Development – the federal agency which mandates the form.  This and the note are the two most important documents in the closing – most if not all of the other forms are simply form documents that everyone must sign and which are the same in every closing. The HUD statement and the note are unique to you.

This is where your Realtor comes in – the Realtor represents YOU in the closing.  It’s our job to make sure the closing statement accurately reflects the financial deal between the parties.  It is a smart thing to provide your Realtor, also, with the Good Faith Estimate previously provided to you by your Lender.  The closing statement should reflect the charges in the GFE very closely (the margin of variance allowed is prescribed by law, and the closing attorney will go through with you any variance between the estimate and the actual statement).

We will check the other key document – the Note – to be sure it accurately reflects the amount of the loan, the term, the interest rate, and other terms of the loan.

There are many other pages of documents for you to sign – the Security Deed, the Truth in Lending Statement, a copy of your loan application. Most, again, are form documents – but the Truth in Lending Statement (or TIL) is worth some extra explanation here.

The TIL shows what you will pay in total over the life of the loan – adding principal and interest over the thirty years of a loan (or fifteen, if you have a fifteen year loan). It also shows a percentage – but this is very confusing.  It is NOT your interest rate. Throws buyers off all the time. It actually is your interest rate PLUS your closing costs, even if all or part of the closing costs are being paid by the Seller. Meant to be a helpful document, it’s really not. The most important thing for you to know about the TIL is that it’s not important – it’s simply for your information but must be signed. The Note and the HUD Statement govern – and they show your costs and your interest rate in a more easily understood manner.

Once you’ve signed all those documents, handed over the money you’re to bring to closing (which must be either wired or brought as certified funds), checks are cut, keys are handed over, and you own a new home!  It may seem a little anti-climatic at the time. But there’s always a big sense of relief and joy. Congratulations on your new home!

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Frankly, My Dear… Antebellum is Making a Comeback

23 Wednesday Jan 2013

Posted by Mary Anne Walser, REALTOR in real estate

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agent, Antebellum, architect, architectural, atlanta, Barrington Halls, before war, Bulloch, buy, buyer, buyer's market, buyers, buying, charm, Civil War, Classical Revival, closing, Corinthian, Georgia, Gone With The Wind, Greek Revival, home selling, homes, house, Latin, Londonberry, Margaret Mitchell, Mitch Ginn, Newnan, novel, property, purchase, real estate, realtor, Roswell, sale, Scarlett O’Hara, seller, selling, South, Southern elegance, Tara

510 Londonberry FRONT

Atlanta will forever be associated with Margaret Mitchell and the famous novel Gone With The Wind – her tale of the Civil War South and the genteel characters who endured the war and its aftermath. Tara, Scarlett O’Hara’s fictional  home, never existed, and most real homes like it that did exist are themselves “gone with the wind”.  The quintessential architectural style of the period, and of Tara, is the Antebellum home – Antebellum means “before war” in Latin, and the term now applies to the style of certain homes built in the period prior to the Civil War which remain distinctly southern. The style is also known as Greek Revival or Classical Revival.  Not many remain in Atlanta and environs – there’s Bulloch and Barrington Halls in Roswell, but not many other examples.

But the Southern elegance and charm of the period do live on in select homes here.  Take, for example, this gorgeous Southern home on Londonberry Road, in the ritziest part of Atlanta. Scarlett would have died to live here. First, befitting a southern estate, it has a commanding presence from the street and a grand entrance featuring stairs up to a rocking chair front porch. Like many Antebellum homes, it features large Corinthian columns and a symmetrical façade.

DSC_3705DSC_3622

The home was designed by Mitch Ginn, an architect from Newnan, Georgia, for the original owner who specifically requested this style of home. Mr. Ginn and his firm have designed many homes in different styles – but some of their most memorable have been antebellum like this one. According to Mr. Ginn, “We design 150 to 200 homes a year, but the Greek Revival and Classical Revival styles are unfortunately few and far between. Popular styles today with future homeowners include Craftsman, Bungalow, and homes with English or French cottage influences. I guess I could say I look forward to a Greek Revival “revival”. “

Like many architects, Ginn enjoys recreating classic styles from the past: “I have always loved the timeless beauty and grandeur of the classical architectural styles. They are dictated by historic architectural structure and proportions. I am also a romantic sucker for the “image” of the Old South.”

The home Ginn designed on Londonberry parlays that image into the modern day. The lot was perfect for a sweeping driveway – and it made the most sense, given the lot, to place the swimming pool to the front and side of the home.  That showcases it as part of the “estate,  and allows a wonderful view of the pool area from the front porch. A meandering creek also wanders far below the home and to the back of the property, adding to the interest of the landscape.

DSC_3576510 Londonberry - outside

The interior of the home on Londonberry continues the grand southern feel with a sweeping stairwell (can’t you just imagine Scarlett making her grand entrance) and two story foyer. There’s also a screened porch overlooking the back grounds – the perfect place for some iced tea or a mint julep, don’t you think?

DSC_3567_68_69_70DSC_3606_7_8_9

And of course, the style makes way in some respects for the demands of the modern day homeowner – for instance, the kitchen is open to the breakfast and family areas, a must-have for many modern buyers. In addition, there’s a master suite on the main floor with a large master bath. The doors to the master bath and the lighting fixtures are all of grand southern design.

DSC_3438_39_40_41

510 Londonberry - KitchenDSC_3442_3_4_5

DSC_3490_1_2_3

DSC_3495_6_7_8DSC_3587_88_89_90

As a new generation of homebuyers grows into their “dream” homes, the grandeur of the Antebellum style has a new appeal. It does come with a price tag – the home on Londonberry is currently listed for sale for $1,785,000.

DSC_3409_10_11_12

DSC_3405_6_7_8DSC_3355_6_7_8

DSC_3524_5_6_7DSC_3528_29_30_31

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Year in Review

26 Monday Nov 2012

Posted by Mary Anne Walser, REALTOR in real estate

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2010, 2011, 2012, 2013, appraisal, buying, distressed properties, FORECLOSURES, home, house, housing recovery, market, Mortgage defaults, New Year, Prices, real estate, selling, short sales

2012 was a good year for us – especially now at the end of the year, when the housing recovery seems to be really taking hold.  In 2010 & 2011, the foreclosures and short sales were making life very difficult for sellers.  Mortgage defaults, though, are now down significantly and there are many fewer of those distressed properties on the market, which is having an upward pressure on prices.

Prices, while they are rising, are still low however – partly due to the reality of our appraisal process.  Generally speaking, appraisers look at sales for the last 3-6 months within a mile radius of your home to determine the proper appraised price for your home.  But this “backward” look makes it difficult for prices to rise and keeps a governor on how quickly they can rise.

Sellers, after looking at a market analysis of their home or having an appraisal done, in many cases are deciding that now is NOT the time to sell and so they are holding off putting their home on the market.  The combination of fewer distress properties, low appraisal prices, and reticent sellers has resulted in LOW INVENTORY – there simply aren’t enough homes out there for the number of buyers we have.  We’ve even seen bidding wars in many instances – bidding wars!  In this market!

High quality problems, to be sure.

What this means is that it IS a good time to put your home on the market if you have a good agent who can market your home to buyers AND to the buyer’s lender’s appraiser to get you as much as possible for your home.  If you are thinking you’ll wait until the Spring to list and sell your home, it’s still a great time to meet – we can put together a staging plan that you can implement over the holidays.

The long and short of it is – CALL ME.  Whether listing your home, buying another home, or both; or if you know of anyone who wants to buy or sell.  I’m here to help with all of your real estate needs.

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LET’S GO TO COURT – OR NOT…

19 Monday Nov 2012

Posted by Mary Anne Walser, REALTOR in real estate

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agent, ARBITRATION PROVISION, atlanta, binding, buying, contracts, COURT, Epstein Becker Green, Georgia, Georgia Association of Realtor, home, house, judicial appeal, law firm, lawsuit, lawyer, mediation, new construction, real estate, resale, selling

Most new construction contracts contain an ARBITRATION PROVISION.  If you’re buying new construction, you’ll notice it because typically it requires a specific initialling at that particular paragraph.  Our resale contracts in Georgia do not contain such a provision.  So the question is raised – is a good idea or NOT to agree to arbitration in advance?  Here are some thoughts from a recent briefing with the law firm of Epstein Becker Green I attended –

First, what IS arbitration?  Often confused with mediation, which is less formal and not binding, arbitration CAN be legally binding.  This means if you choose binding arbitration you may be stuck with the outcome with no avenue of appeal.  There are only very limited bases for appeal of an arbitration provision; as they stated at the briefing, you would need something akin to having a picture of the other party handing a monetary bribe to the arbitrator in order to have a judicial appeal.

One party cannot force another to go to arbitration unless it is agreed upon in advance in writing – hence the provision in many new construction contracts.  So, say you’ve entered into an agreement with an enforceable arbitration provision and there is a dispute.  If you file a claim in court, the other party can legitimately ask the court to force you to arbitrate instead.  When you arbitrate, a private company is chosen to provide the arbitrator or arbitrators (typically there is one arbitrator or three – for obvious reasons, an even number of arbitrators would not make sense).  As a party to the arbitration, you will have the opportunity to strike arbitrators for cause.  You then proceed to a hearing.

WHY arbitrate?  Might you WANT an arbitration provision in your contract?  There are several advantages: typically it is less expensive than litigation, because it is faster.  It is also more certain, since there are only limited grounds for appeal.  On the con side, third parties aren’t bound by the arbitration agreement and cannot be forced to appear.  There are no rules of law or evidence in an arbitration proceeding other than those set by the parties or the arbitration company –thus, what often happens is that “if you can get it through the door, you can get it into evidence.”

As a practical matter, the arbitration provision in many new construction contracts is probably favorable for all concerned.  Filing a lawsuit is expensive.  But most do not add an arbitration provision to the standard Georgia Association of Realtor resale contracts.  Our standard practice in Georgia is to adhere to the form contracts without extensive rewriting of them; rewriting by an agent who is not a lawyer might be considered unauthorized practice of law.  Even if your Realtor IS a lawyer (there are a few of us out there) you will want to carefully consider whether or not adding such a provision makes sense.    Talk to your Realtor about it when you are entering into your agreement – it may or may not make sense for you.  And as always, never hesitate to call the Mary Anne Walser team if we can help in any way!

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SURVEYS – WHAT YOU SEE MAY NOT BE WHAT YOU GET

17 Wednesday Oct 2012

Posted by Mary Anne Walser, REALTOR in real estate

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atlanta, boundaries, buying, encroach, home, house, inspection, property, real estate, selling, Survey

(Image: Residential Lot- 908 Peachtree Battle Circle, Atlanta, GA 30327 – Listed at $125,000)

What’s your line? When a buyer goes to look at a home, sometimes it seems very obvious where the property lines (boundaries) are. But what you see may not be what you get. Property boundaries don’t always coincide with fences nor are they always where you think that they are. In fact, we’ve seen cases where even a large pool was half on a neighbor’s property; no one was aware until a survey was performed.

When we make an offer on a property, we usually ask the Seller for a survey. If the Seller does not have a survey, the usual course to order a survey at closing – but this is not the prudent course. The best thing to do is order a survey long before, so if there are any issues they can be resolved prior to closing or so that the Buyer can terminate if the issues are of great concern and not fixable.

Typically you will want to have an inspection *first* and then if there are no big issues with the inspection, order the survey. Since we often have only a 7 to 10 day inspection period, that may not be long enough for both to conclude.  So insert a stipulation in the contract that says something to this effect: “Seller must provide a survey, if Seller has ever had one done, within 48 hours of binding agreement date. Buyer has the right to order his/her own survey, whether or not Seller provides one. If Buyer’s survey reveals any title, permitting, easement, or encroachment issues Buyer shall provide said survey to Seller within 3 days of receipt and Seller shall have a 5 day opportunity to cure any deficiency. If Seller cannot cure, Buyer shall have the option of terminating this Agreement at no penalty to Buyer.”

Why the mention of “permitting” issues above?  Well, if a structure or improvement encroaches on a neighbor’s property, it likely means that the structure or improvement was not permitted with applicable governmental authorities, which is another, potentially even bigger issue.  While encroachment issues have a two year statute of limitations, permitting issues do not.  This comes up most often with garages and other structures on the edges of the property.

As with everything you purchase, be sure you know what you are buying!  One important aspect of this is knowing the boundaries of your property through a survey.  And as always, call the Mary Anne Walser team when you or someone you know wants to buy or sell a home!

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Mary Anne Walser, Realtor & Licensed Attorney

Keller Williams Realty
3650 Habersham Rd.
Atlanta, GA 30305
404-277-3527

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