Patty Manzi’s Tri-Valley Real Estate Blog

When you sell a home what stays and what goes?

I am asked this question quite often, and the answer on the surface is quite simple, however there are many exceptions. 

Real Property is anything that is permanently attached to the land or structure that you are purchasing; fence, structure, plants, trees, doors, anything built in and screwed or affixed to the walls like dishwasher, bookshelves, medicine cabinets, toilets, light fixtures, garage door opener, blinds, shutters, etc. 

Personal Property is anything that is not attached to the land or structure; furniture, lamps, washer/dryer, refrigerator, garden hoses, artwork, TV’s, stereos, etc.

However there are some grey areas and if the item in question falls into this category, it is best that the disposition of the item be determined in the listing agreement up front.  Refrigerators are personal property unless they are the sub-zero kind that are ‘built-in’ to the wall.  Microwaves are personal property if they are the kind that sit on the counter, if they are built into the cabinetry or above the stove, they are real property.  Technically drapery rods are real property because they are attached to the wall, but if the drapery itself is removable, it is personal property. Get the idea? 

The California Association of Realtors Residential Purchase Agreement (CAR form RPA) recently updated their contract and states specific items that are by default included and/or excluded from of the sale of a home.  If you see items on this list that you do not wish to include in your home sale, those items need to be part of the contract negotiation.  Once the contract is signed, it is too late to address the issue.  A good rule of thumb when listing your property for sale is to go around the home and mark items in question with tags that indicate whether an item is staying or not.  For example, if the antique crystal chandelier in the dining room is not part of the sale, hang a tag that says “DOES NOT STAY” or “NOT PART OF SALE”.  Make it clear upfront so the buyers know what to expect. 

Here’s what the CAR RPA form says:  

ITEMS INCLUDED IN SALE:  EXISITING electrical, mechanical, lighting, plumbing and heating fixtures, gas logs and grates, solar systems, built in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, TV antennas, satellite dishes, private integrated telephone systems, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs, water softeners, water purifiers, security systems/alarms, and (if checked) stove, refrigerators. 

ITEMS EXCLUDED FROM SALE: Unless otherwise indicated, audio and video componenets (such as flat screen TV’s and speakers) are exluded if any such items is not itself attached to the Proeprty, even if a bracket or other other mechanism attached to the compnent is attached to the Property.

As always, please consult with your favorite real estate professional for guidance.

Bay Area bridge tolls are increasing today.  For most of the Bay Area bridges there is a $1 increase.  The exception to this rule is the Bay Bridge which has its own toll schedule.  Here are the changes:

Antioch, Dumbarton (Hwy84), Richmond-San Rafael, Hayward-San Mateo (Hwy 92), Carquinez, and Benecia bridge tolls are $5.00 at all times effective today.

The Bay Bridge will be $6.00 during the hours of 5am-10am & 3pm-7pm.  All other times on weekdays will remain at $4.00.  On weekends the toll will be $5.00 at all times of the day.

The most significant change is there is no more free carpooling across the bridge.  Tolls for anyone using the diamond/car pool lane on all bridges will be $2.50 and requires the use of a Fastrack Transponder. 

I’ve been hearing a lot lately about banks trying to evict tenants from a home after the bank has foreclosed on the property.  Offering them ‘cash for keys’ and REO agents using bullying tactics to force them out.  What we all need to remember is that Tenants do have rights and cannot be forced from the home. 

In May 2009, the federal government enacted the “Protecting Tenants at Foreclosure Act” giving tenants new protections, such as the right to stay in their homes for at least 90 days after receiving an eviction notice. While state and local laws also contain strong protections, unlawful evictions and harassment of tenants continue.

Tenants should know their rights under the law. These rights include:

- Tenants cannot be required to move out of their homes for at least 90 days following an eviction notice.
- Tenants can insist on staying until the end of their leases. The only exception occurs when the new owner of a single-family home wants to move in.
- Tenants can require banks and their agents to put all communication in writing.
- Tenants are not obligated to accept “cash for keys” money to move out sooner than the law prescribes.
- Harassment, such as improper entry into a person’s home, shutting off water and lights, or changing the locks without a court order is illegal.
- The above rights extend to tenants living in government-subsidized Section 8 housing, who may also have additional protections under state and local laws.
- If a city has a just cause for eviction law, a landlord must have a specific reason to evict a tenant, and foreclosure may not be recognized as a legitimate basis for eviction. Tenants should check local ordinances.

Sixteen cities in California have just cause for eviction ordinances: Berkeley, Beverly Hills, East Palo Alto, Glendale, Hayward, Los Angeles, Maywood, Oakland, Palm Springs, Richmond, Ridgecrest, San Diego, San Francisco, Santa Monica, Thousand Oaks, and West Hollywood.

For more information about fair housing laws in California, contact the Department of Fair Housing. 

With the increased number of people losing their homes to foreclosure & short sale there is an increase in the number of people needing to rent.  A few things to be prepared for if you find yourself renting a home after many years of owning;   Landlords will require a rental application and most charge a screening fee to check your credit, criminal,  and rental (eviction) history.  You may also need to provide documents to verify employment and income.  Many landlords and property management companies have a minimum credit score that is acceptable to be considered a candidate for renting.  The more information you can provide to prove your credit worthiness, the better. 

Expect to come up with not only your first months rent, but up to 2 times the rent amount as a security deposit.  Additional security funds can be required if you have pets.   Signing a 12-month lease is customary, but some landlords are willing to provide shorter term leases with an increase in the rent amount. 

If you are in doubts or questions about practices by landlords or property management companies, you can contact Fair Housing for advice and information.  You can also enlist the help of your local real estate agent or property management company to help you find rental properties and represent you in the leasing process.

The Department of Real Estate has issued a new consumer alert warning regarding residential short sales.  This publication covers the description of a short sale, key elements the consumer should look out for when selling the home through a real estate agent, as well as links to other agencies with more information on the subject.  You can find this publication at:  http://www.dre.ca.gov/pdf_docs/ca/ConsumerAlert_ShortSales.pdf