Newspaper Headline Gave a Distorted Picture of Real Estate Market Under Covid-19

“Hundreds of sellers pull their homes off market,” read the lead headline on the Business page of last Friday’s Denver Post, but the first sentence of the article noted that “thousands [of sellers] went the other way, rushing to list their homes before a major downturn made a sale tougher to achieve.”

The reporter was referring to March statistics quoted by the chair of the market trends committee of the Denver Metro Association of Realtors.

Let’s look at the actual numbers. Yes, 184 listings that were entered during the month of March were “expired” on the MLS by month’s end. Another 443 listings were “withdrawn,” which means the listing agreement is still in effect, but it is not displayed on the MLS until it is made “active” again.

However, 3,525 listings entered last month are already under contract as I write this on April 5th, and another 467 listings have already closed.  Of the ones that closed, 179 were sold before being entered on the MLS, and of the 308 that were exposed to MLS users as active and had already closed by this past weekend, only 13 took longer than a week to go under contract.

 As I write this on April 5th, there are still 4,289 listings that were entered on the MLS during March and are still active.

So, yes, 184 sellers decided not to sell during March, but 8,122 sellers made their homes active on REcolorado during March and did not withdraw or expire them. Another 443 sellers kept their listing agreement active but without exposure on the MLS.  Presumably their listing agents can still sell those listings privately, perhaps keeping their entire commission instead of having to share it with a buyer’s agent.

So the headline was sort of accurate.

By the way, unless the practice has changed since I was a reporter at the Washington Post and then a headline writer at the New York Post, reporters have no say in the headlines that appear above their articles. Instead, a headline writer on the “copy desk” reads the article briefly and writes a headline that fits the assigned character count. As a result, sometimes the headline doesn’t truly reflect the gist of the article, and that may be the case with last Friday’s article.

From the New York Post, I went on to publish several community newspapers in New York City and instructed my reporters to write their own headlines, not knowing what the character count had to be, so the editor had the reporter’s headline as a guide as he rewrote it to fit. 

Getting back to real estate — sorry, I had to vent! — here are the numbers from March 2019:

A total of 7,968 listings were entered as “active” during March 2019, which is fewer than this year, even if you include the 70 listings that were withdrawn by month’s end.  So, not only was the headline misleading, but this March showed increased activity over March 2019.

The fact that 70 listings were expired prematurely in a “normal” month suggests that not all 184 expired listings this year should be attributed to Covid-19.

The market was “hotter” last year, in that over 400 of that month’s listings went under contract in less than 7 days compared to just under 300 this March.

I invite any and all reporters writing about real estate statistics to let me fact check their conclusions prior to publication. And suggest your own headlines!

Can you tell that I enjoy statistical analysis?

The Real Estate Market Is Still Active, Meeting the Needs of Both Buyers and Sellers

The Denver real estate market, based on my own analysis of REcolorado listings, showed continued strength last week, despite the imposition of a statewide stay-at-home order by Gov. Jared Polis that Tuesday.

To my surprise, despite the growing COVID-19 threat with all its expected economic impacts, a total of 1,799 listings went “active” on REcolorado last week — that is, between Sunday the 22nd and Saturday the 28th.

Although 53 of those new listings were taken off the market the same week — likely because of the stay-at-home order — and 24 of them were entered as “sold” without ever being active, that left 1,722 new listings on the market, and 387 or 22.5% of them were under contract by week’s end. That does not sound to me like a real estate market that is stalling because of the COVID-19 virus. 

It makes me wonder about those 53 listings that were pulled off the MLS because of the stay-at-home order. How many of them would have been under contract by now had the sellers and their listing agents not been overly cautious?

The homes that went under contract within their first week on the MLS ranged from a 2-bedroom, 1-bath condo for $100,000 in the Windsor Gardens senior community south of Lowry to a 4-bedroom, 4-bath home for $1.3 million in the foothills northwest of Boulder. The median price of those homes was $425,000.

To see how last week compared to “normal,” I researched the listings that were first entered on REcolorado during the same seven days in 2019.

Surprisingly, slightly fewer homes were entered on Denver’s MLS during the same 7 days a year ago — 1,727.  Of those, only 12 were taken off the MLS that same week. Another 73 were entered as “sold” that week. Of the remaining 1,642 listings, 670 or 40.8% went under contract within a week. That’s much higher than the 22.5% this year, but consistent with the slowing of the market which we saw before the advent of the virus. Those 670 listings which went under contract within 7 days last year ranged from a $95,000 condo in Aurora to a $1.5 million dollar 6-bedroom home in South Boulder. The median listing price was $395,000.

As you might guess, I was concerned about whether the new Lakewood ranch listed by me last Wednesday would get any showings, since showings didn’t begin until Friday, three days after Gov. Polis instituted the stay-at-home order. I needn’t have worried. We had five showings by Sunday, with one agent calling to ask if we had any offers yet because his buyer was interested in submitting an offer.

Also on Sunday, a buyer I hadn’t heard from in months called about seeing a new listing.  I set a showing for that afternoon, and the buyer is considering making an offer.

All in all, then, this market continues to surprise me. While it is slower in terms of activity, there are still many serious buyers willing and able to make offers on new listings.  Those buyers who are unable or afraid to make an offer, whether for economic or health reasons, are not calling us. Agents might appreciate the fact that only serious and qualified buyers are going to call about seeing homes for sale.

Meanwhile, sellers who want to sell should recognize that there are serious and qualified buyers out there and consider putting their home on the market. Just make sure you use an agent like us at Golden Real Estate who does narrated video tours of listings.

How Golden Real Estate Is Coping With COVID-19 Guidelines

We and our partners in real estate continue to work while adapting to the COVID-19 guidelines for physical distancing, minimized travel, and more. Inspectors are still inspecting, but they don’t want buyers or agents in the house with them. Title companies are still doing their title searches and conducting closings, albeit with attention to sanitizing rooms and some physical distancing. Mortgage companies are still doing their jobs, as are the appraisers they hire.

Meanwhile, real estate brokers like us are still showing homes, writing contracts, negotiating inspection issues just as we always have — that is, by phone and email — and going to closings, although even that could be more virtual, now that Gov. Polis has issued an executive order saying that Notaries can work virtually.

What’s different is the cancelation of all kinds of meetings, open houses, and in-person continuing education classes (which are still available online). 

That keeps us all at home, which is where most brokers work anyway, but with fewer reasons to leave.  I’m walking the dog more than ever.  My Apple watch tells me that I completed all three activity rings last week.  Woohoo!

Bottom line: I’m sort of liking this, although I do look forward to getting back to normal.

The Narrated Video Tours of Our Listings Allow You to Visit Them From Home

For over decade, Golden Real Estate has created narrated video tours of its listings. You can find examples at www.GREListings.com. If all brokerages did this, it would greatly reduce the need for open houses and in-person showings.

Here’s the video tour from this week’s featured listing in Lakewood:

What Does ‘Open and Transparent’ Look Like in Real Estate?

For some reason I’ve never understood, most listing agents believe that they should not be open and transparent with buyers’ agents regarding the disclosure of offers in hand when there’s a bidding war for their listing.

At Golden Real Estate, we believe in being open and transparent. Here’s what that looks like.

Rule number one is to always tell the truth. We never mislead a colleague about offers in hand. If we don’t have competing offers, we’ll never represent that we do. This is a matter of ethics. The Realtor Code of Ethics, to which every Realtor swears allegiance, requires no misrepresentation about anything, whether it’s how successful we are or whether we have competing offers.

Agents from other brokerages, however, typically won’t disclose the price or nature of the offers they have for their listings. At Golden Real Estate, we not only disclose the price and terms of offers received, but we will let each agent know if their offer is surpassed by a better offer. We don’t want any buyer or their agent to have the experience of being blindsided.

This is good for both buyer and seller, and buyers’ agents invariably thank me when I explain this policy. After all, how would you as a buyer like to learn later that if you had only offered $2,000 more (which you were willing to do), you would have won that bidding war?

Similarly, how would you as a seller, like to learn that you could have gotten $2,000 more for your house?

Although this process essentially operates like an auction, where everyone in the room knows what they’re bidding against and chooses on their own when to drop out of the bidding, it doesn’t mean that we let the bidding go on forever.

After the buyers have raised their bids twice, it’s time to ask for a final bid, without offering to return if it’s not the winning bid. While this is our policy, the seller, of course, is the final authority on how long to continue the back and forth. By that time, however, they tend to be quite happy with the highest bid and agree to cut it off. To do otherwise risks antagonizing the buyers and their agents.

It’s important to us as professionals that we leave each party in a bidding war happy that we were transparent enough that they felt they had a fair chance to win a coveted listing.

This approach takes more work on our part than doing what other agents typically do when multiple offer situations arise, which is to inform agents that they have multiple offers and ask buyers’ agents to submit their “highest and best.” Then the seller accepts the best offer and other buyers are upset and angry that they weren’t allowed to raise their offer.

We feel, however, that our approach is not only fairer to buyers’ agents but also produces the best price for our sellers.  We wish that other listing agents would adopt this practice.

Transparency, however, does not extend to disclosing the price at which a home is under contract prior to closing. The reason for that is that if the contract falls, we don’t want the next buyer to know what the seller was willing to accept. That’s because we have an ethical and legal obligation to work in our seller’s best interest.

The only time I would disclose the price at which one of my listings is under contract is when an appraiser needing comps calls me. If we are cleared to close — past inspection, appraisal and other contingencies — I’m willing to help that appraiser know the price so he can do his or her job in appraising a comparable listing for a different seller.

Thanks to this practice, Golden Real Estate has a better-than-average track record when it comes to closing price vs. listing price. In some cases this has resulted in our sellers netting their full listing price even after subtracting commissions and the other costs of selling.

Call me or one of our broker associates at 303-302-3636 if you like how we operate and would like a no-obligation market analysis of your home.

Renters Aren’t Taking Advantage of Rent-With-Right-to-Purchase Program

Renters face many problems that they wouldn’t face as owners.  Not only do they face uncontrolled rent increases, they don’t even know that their lease will be renewed. There’s always the risk that their landlord might sell the home and the new owner will want it for themselves or another tenant.

Both problems are made worse if the tenant has no lease at all or has transitioned to a month-to-month lease — quite common after the initial lease term expires. 

And the selection of new places to rent is small. If a tenant has to find a new place to live, he or she will be hard pressed to find a home they like — even more so if they have a pet.

Wouldn’t it be great if a renter didn’t face those problems of uncontrolled rent increases and having to move?  For a couple years now, Golden Real Estate has worked with a buyer who gives tenants a 5-year rent schedule and can’t be kicked out as their lease is renewed each year through that 5-year period. I’d like to see more renters take advantage of it, even if they aren’t buyers.

Our buyer is Home Partners of America. They not only address those challenges, they expand the number of homes from which to choose.  (And having a pet is not a problem.) That’s because Home Partners will buy any townhome or home on the MLS for which the renter has been pre-qualified as the tenant. Get your invitation to apply from Golden Real Estate, and once accepted as a tenant, you log in to HomePartners.com, which has every home on the MLS which you are qualified to rent.  Instead of just displaying the sales price of the home, it displays your personal rental price. 

Your contract with Home Partners, which is now your landlord, includes the rental amount for years 2 through 5, but you’re under no obligation to renew. Your contract also includes a purchase price for each year in case you like the home and decide to purchase it at any time during the 5-year period.

Call any Golden Real Estate agent at 303-302-3636 if you or someone you know is interested.

Do You Think a Big Down Payment Is Needed to Buy a Home? Think CHFA.

One of the most enduring misconceptions among home buyers is that a large down payment — typically 20% — is required in order to buy a home.  Nothing could be further from the truth.

FHA loans only require a 3.5% down payment, although they come with a mortgage insurance requirement which lasts for the life of the loan. Because of that, you’ll need to refinance with a conventional loan once you exceed 20% equity in your new home.

Conventional (non-FHA) loans don’t necessarily require a 20% down payment either. To compete with FHA loans, there are lenders who require as little as 3% down payment, often without mortgage insurance. If they do require mortgage insurance, it can be eliminated once your equity rises to 22%, although that requires a new appraisal, which can cost $400 or more.

Best of all, however, the Colorado Housing & Finance Authority (CHFA, pronounced “Chaffa) can get you into a home with as little as $1,000 out of pocket cost. CHFA loans have income limits, but they are reasonable, up to $120,100 in the metro area. Their website is super helpful and easy to navigate at www.chfainfo.com.

At that website you’ll learn the complete process involved in getting approved for a CHFA loan. One of the first steps is to take a free buyer education class that covers every aspect of the home buying process as well as ownership responsibilities after closing.

CHFA loans are only obtained through mortgage lenders, not from CHFA directly, and Golden Real Estate can connect you with a CHFA-approved lender. 

If you’re a veteran with an honorable discharge, you are eligible for 100% financing, but there’s a funding fee.  That fee, however, is waived if you have a service related disability. Even if it isn’t waived, the fee can be included in the mortgage so that you can literally close on a VA loan with zero money out of pocket. Earnest money submitted is refunded to you at closing! We can also connect you with a VA-approved lender.

Big Entities Target Mobile Home Parks, the Last Bastion of Affordable Housing

I just finished watching John Oliver’s riff on mobile homes. If you’re not familiar with his HBO show “Last Week Tonight” or don’t get HBO, the good news is that his single topic take-outs* are archived on YouTube, where you’ll be glued to your computer screen for an unending series of  take-outs that only starts with his take-out on mobile homes.

Here’s what I learned from watching John Oliver’s piece and was able to confirm by talking to others. Sometimes I wish I could be a full-time journalist again so I could really do investigative reporting, but I’m a Realtor now and have to depend on others like John Oliver and David Migoya of the Denver Post doing the heavy lifting. So, instead, Google is my friend. And there’s so much to learn just by Googling.

The big trend in mobile homes is the influx of big corporations like Warren Buffett’s Clayton Homes in the mobile home park business. Historically, such parks were “mom and pop” operations, but it was inevitable that mom and pop got old and, even if their children had an interest in taking over the family business, it was more profitable to sell the park to a developer or to a company like Clayton Homes.

What makes a mobile home park a great investment is that, while people own their mobile or “manufactured” home, they rent or lease the land on which it sits. The land owner can raise the rental fee without limit because, while the home can technically be moved, it would cost thousands of dollars to do so, and there’s little choice of where to move it. You can’t just buy a lot somewhere and put your mobile home on it. I checked with Jefferson County, and you can only install a mobile home on land zoned for mobile home parks. That rule feeds right into the greed motivating those corporations which, like Clayton Homes, are buying up every mobile home park they can.

Another thing about mobile homes is that, while they can be really nice when they’re brand new, they do not appreciate in value like regular homes. Rather, they decline in value like a car or like the “personal property” they are. Also, since they’re not “real property,” you can’t get a mortgage on them for 4% over 30 years, you get a chattel loan at 15% and for a shorter term.

Thus, if a mobile home owner can’t afford an increase in land rental for their home, their only choice often is to simply abandon the home that they paid thousands of dollars to buy. Since it becomes abandoned property, the mobile park owner can then assume ownership of it, or scrape it depending only on what makes financial sense. And down the road (so to speak), they can kick out the remaining occupants and sell the entire mobile park to a developer.

This is a heartless process, but it’s how our free enterprise system works. So, what can be done about it?

On January 21st Golden United sponsored a public meeting on the subject of manufactured housing which I attended, along with several city councilors and civic minded people. Sadly, only a handful of the attendees were residents of a mobile home park.

The main presentation was by an organization which organizes residents of mobile homes parks to form an owner’s association which might then outbid other buyers of the park when the current owner attempts to sell it. This organization, called Resident Owned Communities (ROC), was featured briefly in John Oliver’s piece.. (Fast forward to 13:10.)

What local governments could do to address the problem, Oliver said, was to legislate a “right of first refusal” by which an owner’s association or other non-profit entity serving the interests of mobile home park owners, would be able to match any bona fide offer by a for-profit buyer, and purchase the mobile home park. I’m not aware of any such legislation or other public policy aimed at protecting manufactured house, which is, after all, the last bastion of affordable housing in most cities.

Mobile home parks have few friends among owners of conventional real estate, but however you might feel about them, I hope you feel they are worth preserving.

————-

*“Take-out” is a journalistic term for an in-depth look at a single topic. During my 1968 internship at the Washington Post, I was tasked with writing a 3-part series on the solid waste industry in the District of Columbia. I enjoyed telling people that I did a “take-out on trash.”

Passive House Technology Underlies Going ‘Net Zero Energy’

“Passive House” is a concept born in Germany as “PassivHaus” but growing in popularity here in America. Although its primary focus is on reducing the heating and cooling needs of a home through proper north/south orientation, the placement of windows, and roof overhangs, it also includes design elements that make a home better for its inhabitants. It has many other positive impacts as well, including healthier and quieter spaces, greater durability, and greater comfort for inhabitants.”

Prior to the oil embargo of 1973, home builders did not concern themselves much with making homes energy efficient, but that all changed as we quickly realized how dependent we were on foreign countries for fossil fuels to heat our homes and fuel our cars. Homes built before then were poorly insulated, drafty and less healthy.  (For example, lead-based paint wasn’t banned until 1978.)

The passive house concept took off in America as a result of that wake-up call. The “Lo-Cal” house created in 1976 consumed 60% less energy than the standard house at the time, and the concept continues to mature.

If you participated in any of the “green home” tours that Golden Real Estate co-sponsors each fall, you’ve learned about various passive home strategies in addition to “active” strategies such as solar power, heat pumps, geothermal heating, and energy recovery ventilators.

When “active” systems are introduced to a home with passive house design, they work more easily to create the ultimate goal of a “net zero energy” home — one which generates all the energy needed to heat, cool and power the home and, perhaps, charge the owner’s electric vehicles.  Without passive house design features, you can still achieve net zero energy, but it may require substantially more solar panels to compensate for such factors as inferior orientation, fenestration (windows) and insulation.

You can learn all about passive home technology, including trainings and public events, online at www.phius.org. Also, search “Passive House SW” at www.meetup.org for local events.

An excellent example of new construction which combines passive house design with smart active systems in the Geos Community in Arvada, which you can learn about online at www.DiscoverGeos.com. The homes in Geos are all oriented to maximize solar gain in the winter, but also designed for sun shading in the summer. Some have a geothermal heating, while others have air source heat pumps and conditioning energy recovery ventilators (CERVs). The CERVs installed in the Geos homes not only provide heat when needed but also track the level of CO2 and volatile organic compounds (VOCs) in the air and adjust their function to reduce those levels, thereby improving indoor air quality.

None of the Geos homes uses natural gas, just solar-generated electricity.

Taxation of Residential vs. Non-Residential Property In Colorado Is a Growing Problem

How real estate is taxed varies greatly from state to state. Here in Colorado, we are blessed with very low property taxes compared to many other states. According to USA Today, Colorado has the 7th lowest property tax rates in the country, although that is a statewide average. The median-value home in Colorado has a property tax bill of just over $2,000 per year, whereas the median-value home in New Jersey, the highest taxed state, has an average property tax bill of over $7,200. In suburban New Jersey, property tax bills over $20,000 per year are not uncommon because of the higher values, not just due to higher local tax rates.

In Colorado, property taxes are very much a local affair. Recently there was a hullabaloo over Metropolitan Tax Districts, in which mill levies can double the property tax in newer subdivisions. You can read my Dec. 26  column on that topic at JimSmithColumns.com.

This week, however, I’m going to address a different property tax problem that is getting worse every year and has little prospect of being solved politically.

The problem is the growing differential in property tax rates for residential vs. commercial and other non-residential real estate, such as vacant land. First you need to understand that property taxes are levied against the “assessed” value of real estate, which is a small percentage of its  actual value. While the assessment rate for residential property — currently 7.15% — keeps going down, the assessment rate for non-residential property is fixed by the state constitution at 29%. That means that the property tax on residential real estate is 1/4 the property tax on non-residential real estate of the same value.

Rita and I own two pieces of real estate—our south Golden home and the Golden Real Estate office building. The county assessor values our home at twice the value of the office building, but the property tax for our home is one-half the property tax for the office building.

Vacant land is considered non-residential, so it, too, has an assessment rate of 29%.  As I’ve written before, this puts enormous pressure on the owners of vacant land to develop it, which is upsetting if, like me, you value keeping vacant land undeveloped.

To understand how unfair the taxation of vacant land can be, consider a 20-acre parcel in Jefferson County that is currently listed for sale. The county’s current valuation of the parcel for tax purposes is $275,554, so its assessed valuation is 29% of that, or $81,071.  If the buyer of this land builds a high-end home on it, the valuation might increase, for argument’s sake, to $700,000, but its assessed valuation would be only 7.15% of that value, or $50,050. Thus, the property tax bill would drop by nearly 40%, even though the value of the parcel has nearly tripled!  The current owner is paying over $7,000 per year for his land to sit vacant.

As I’ll explain below, the assessment rate for residential property keeps falling.  Last year it was 7.2% and two years before that it was 7.96%.  Prior to 1982, property of all types had an assessment rate of 30%, but the Gallagher Amendment changed the non-residential rate to 29% and the residential rate to 21%.  Most significantly, the amendment also dictated that the residential assessment rate should be adjusted to retain that year’s 45:55 ratio of residential to non-residential statewide property tax revenue in subsequent years.

As a result of that provision, since total residential valuations have grown much faster than non-residential valuations statewide, the 21% assessment rate of residential property has kept falling and will continue to fall.  And this is likely never to change, since owners of residential property are the voters, and it’s unlikely that homeowners would ever vote to increase their residential property taxes in order to soften the property tax burden of businesses. 

Bottom line, residential real estate will continue to bear an ever smaller property tax burden compared to non-residential real estate, and owners of vacant land will feel more and more pressure to develop their vacant land or sell it to developers. The only alternative is to put livestock on the land or to farm it so they enjoy the even lower agricultural property tax rate, but the rules for qualifying for the agricultural rate are fairly strict and are aggressively audited, I would expect, since the cost to counties in lower tax revenue for agriculturally zoned property is pretty substantial.