Homebuying in Hawaii vs California
Have you ever wondered about the differences between homebuying in Hawaii vs California? Well, perhaps I am a bit jaded since I’ve worked in California real estate for so long that it all makes perfect sense to me, but Hawaii practices in real estate seem convoluted. Strange. Twisted. More complicated than it ever needs to be. Unsupervised. Everybody makes up their own rules. Completely unsophisticated island style. And run by the builders and developers, I may add.
California has added protections, and caveat emptor really does not apply to buyers anymore. California real estate contracts protect buyers but, in Hawaii, contract law seems to throw them under the bus. If you are homebuying in Hawaii vs California, you better get ready for peculiar requests and demands.
For example, we just sold our vacation home in Hawaii and are in the process of buying another home up the hill at a higher elevation. Especially in Kona, the elevation is important. The higher you go, the cooler. If you go too high, though, you will get a bit more rain than you might like. With rain comes mold. Which means finding that perfect elevation is primary. Coupled with an easy commute into town.
Another difference in homebuying in Hawaii vs California is buyer possession. In Hawaii, if you are buying another home and moving up, buyers still expect — per contract default verbiage — that the seller will move out the day prior to closing. Don’t they get very many move-up buyers, I asked? Yes, but apparently most of them have other funds they use to buy their new home, and they don’t sell an existing to use the funds to buy another. Or, they move to the Mainland at closing.
I had to ask our agent, what I am supposed to do when I need the money from this closing to fund our new house? Go get a hotel room? She said I could sleep in the house, on the floor if necessary, but my furniture had to go. Go where? Can’t move it into the new house until we close the existing sale. What is wrong with Hawaii contracts? A lot. Obviously, we re-negotiated that I could move out the day after closing (but I would have been OK with the day of).
Another issue we have encountered is First American Title does not want to rely on the recorded recon in the public records from when we paid off our mortgage. Encountered resistance to accepting that document. There is some kind of new rule that if an owner paid off a mortgage within the last 2 years, a recorded reconveyance is NOT sufficient for title company purposes. FATCO wants a letter from the lender that shows the loan was paid, which is basically what a recon is. Getting lenders to do anything out of the norm is like pulling teeth. Good thing Dan Tharp at Guild Mortgage, our preferred mortgage lender in Sacramento, is stepping in to assist.
I suggest that buyers who decide to engage in homebuying in Hawaii vs California practices might want to hire a lawyer. An agent is not going to protect you as a buyer because Hawaii law doesn’t seem to give a crap about buyers. It favors sellers. Plus, like I mentioned earlier, it is crazy enough to drive you insane.
But that’s what Hawaii does to people. I am not kidding you. Just earlier this week, I had been complaining to my friends that our house is taking sooooooo long to sell. I feel like I am in limbo. Yet it is one of the BEST homes on the market. It is close to Kona, less than mile to the beach, completely remodeled and entirely affordable at $575K.
Twenty-four days I have been on the market. Count ’em. Days on market: 24. But that is FAST in Hawaii. I don’t know, 3 weeks seems like a long time to me when most of my hot escrows in Sacramento began 3 or 4 days after listing. Although, patience is not my strong suit.
However, have to say, when my agent called me on Wednesday to say we had received a full-price offer on my house, I actually replied that I have to go to the beach. Commitment I made. Won’t be back until later on in the late afternoon, then we could talk about it.
Hung up the phone. Then stared at my iPhone. WTF? No, I am not a crazy seller. Hawaii has warped me. I immediately canceled my beach plans. Where was my head? In the homebuying in Hawaii vs California scenario, I better jump when the iron is hot. Thank goodness I still have a doofus radar that I can apply to my own behavior when it slouches toward screwiness.
That’s when I called my agent to say, don’t let me intimidate. When I say stupid shit, tell me, for crying out loud. I do the same for my own clients. But it goes to show that even real estate brokers with more than four decades of experience can lose it slightly when dealing with homebuying in Hawaii vs California.
I’m thinking maybe I should get my broker’s license in Hawaii so I could help them straighten out their messed up MLS and other practices. California tends to lead the country in many things, and real estate is one of those commodities that California does right.
The photo at the top shows the peak of Hualalai, which is rarely seen due to the clouds over that portion of the mountain in Kona. Our new home is located on the slopes of the Hualalai volcano. I have to also add that I hope they impeach Trump, even knowing it won’t remove him from office. Enough is enough.
— Elizabeth Weintraub
The Code of Ethics in Real Estate Practice
The Code of Ethics in real estate practice is governed by the National Association of Realtors. We are members as Realtors. The articles contained within the code are so important. It always surprises me how these are not practiced by some real estate practitioners. Having a California Broker’s License does not mean that every licensed individual is always working within the parameters of honest and fair dealings.
To file a complaint requires time and effort. By the time the offender has closed escrow with you, often it is just so much paperwork many agents will not file. For the most part, the Sacramento Association of Realtors Grievance Committee and Pro Standards Committees are not kept very busy considering how many members we have. The horror stories I have heard over the 25 years in my practice makes me shake my head in frustration.
I sit on the SAR Professional Standards Committee, for about 15 years now. I started in the Grievance Committee and was later promoted to the Pro Standards. So many cases I hear show that some of our members do not know what violations are nor do they understand the importance of abiding within this framework.
I must say I think much of the code is common sense. Our team is very aware of the importance of unquestionable ethics, honesty and fair dealings. We work daily keeping these items at the forefront of our real estate practice. The Code of Ethics in real estate practice is only as good as the professionals that take the time to file a complaint.
By taking a stand for excellence and saying this is not right and I’m going to do something about it we can improve our profession. We can change the future of a Realtor who was called on the carpet. After a Realtor attends a hearing as the Respondent, they never want to be in that room of their peers ever again.
Taking a stand does not mean run out and file frivolous complaints. What we need to consider is to take the time to file on egregious displays of disregard and disobedience to comply with our own code. After all, it is our code of ethics. Accountability is the ingredient to help keep some people honest. Many Realtors are out there working hard every day and following the rules and they do not need reminders to do the right thing.
If ethics matter to you as a seller, contact Weintraub & Wallace Realtors with RE/MAX Gold to represent you. We will follow the code of ethics to the letter with your next real estate transaction. We can be reached at 916-233-6759.
Our Code of Ethics is governed by the National Association of Realtors of which we are members as Realtors. We are also members of the California Association of Realtors and Sacramento Association of Realtors.
— JaCi Wallace
Is It A Numbers Game When Choosing a List Price?
Is it a numbers game when choosing a list price? It can feel like that sometimes but there is a very detailed systematic approach that our team uses. Sellers sometimes pull numbers out of thin air. We then remind them of the appraisal, which needs to match our sales price for a bank to give a loan to the buyer.
Professionals always review the comparative market analysis and go from there. The numbers do not lie, so they always tell the story. If you need help choosing a list price and are interested in selling, please call Weintraub & Wallace Realtors. We can be reached at 916-233-6759.
— JaCi Wallace
What Does an as-is Home Sale Mean?
What does an as-is home sale mean? It depends on whom you are talking to. Our California Residential Purchase Agreement says the home seller is not obligated to make any repairs to the home she is selling. Unfortunately, some buyers and agents think this is a time to renegotiate. A seller can say no, of course, but if she wants the sale to go through, she may reluctantly agree.
If a seller says no dice, take it or leave it, the buyer can then walk away. We then start over looking for a buyer. The process of inspections can be grueling on a rural property. For example, some cities will force you to hook up to city sewer lines. That can be so expensive. Sometimes costs could be $50,000. Always a good idea to check septics and wells, and local requirements.
Home inspections on older properties often point out all kinds of things. Of course, as these are old properties, remember, you are not reinventing the wheel here. If a seller hasn’t fixed the items during the years they have owned the property, do you think they are going to love the idea of repairing things that they lived with for years? These older homes have miles on them — just like an old car, it may run but burns oil and the front end shakes.
Always a good idea to educate buyers to remember if they negotiated dollars off the list price, then assume that was your repair credit. So what does an as-is home sale mean? The answer, all depends on whom you are talking to, lol. I think it is important to do all your inspections so you can decide if the property is right for you.
If you want to buy or sell real estate, call Weintraub & Wallace Realtors with REMAX Gold. We can be reached at 916-233-6759.
— JaCi Wallace
Orange Tabby Kittens
Orange tabby kittens are my favorite. I have 2 now as my older male Yoda passed away a few months ago. He had been very ill but would not give up the fight. One day he disappeared. I found him as I went down by the pond. I saw a little tree growing out of the edge of the water. I like to imagine he was watching the ducks on the pond and that he was so tired he simply took a long nap and never awakened. I picked him up and we buried him in our animal cemetery out back.
Oh, how I love farm life in Sacramento.
I recently fostered a male orange tabby kitten. I call him buddy. What a smart cat he is. I am placing him with a client whose husband died. She is so lonely. I think little buddy will cheer her right up.
So why are orange tabbies my favorite? I love the look they remind me of a tiger. The tabbies that live here with me are all indoor outdoor cats. They are street smart.
If you ever see any orange tabby kittens up for adoption, well, they are the best cats to adopt. The picture above captures the essence of these sweet felines.
If you would like to buy or sell real estate, please call Weintraub & Wallace Realtors with RE/MAX Gold. We can be reached at 916-233-6759.
— JaCi Wallace