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Pricing Will Fall Further in 2008...Right?

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Services for Real Estate Pros with Business Attorney and Success Advisor

A question came up on CNNMoney.com about timing the market to get the best real estate buy.  I thought this response was worthy of posting, so here's the highlight of answer (I added emphasis in bold): 

...even assuming you can figure out the ideal time to buy - that is, when prices have hit not only hit a trough but are on the verge of rebounding - by the time you find the house you want, line up the financing and close the deal, the "best" time may have already passed.

That said, given current state of the housing market, you certainly don't need to be in a rush. As my Money Magazine colleague Amanda Gengler pointed out in our December cover story on the outlook for 2008, house prices are already down more than 4 percent from a year ago.

And given the huge inventory of homes already for sale plus the ones likely to come into the market as more homeowners default on their mortgages and go into foreclosure, prices are forecast to tumble another 6 percent or so in 2008.

Perhaps the Bush administration's subprime plan or some other proposal to help borrowers facing foreclosure may be able to limit the damage somewhat. But I don't think anyone believes prices will rebound in a significant way until 2009 at the earliest.

I'll have to agree with Sr. Editor Walter Updegrave on the pricing opinion...seems like prices are still set to fall due to inventory levels and restrictions on the number of qualified buyers (especially considering the restrictions lenders and the secondary market continue to place on new loans).  Full article: http://money.cnn.com/2007/12/26/pf/expert/expert.moneymag/index.htm?postversion=2007122711

Here's my prediction for 2008...more and more people will turn to owner-financing.  I'll be turning there myself if I want to sell.  I can demand better terms and reach a larger audience if I "hold the paper".  The downside is the Due on Sale clause in my agreement...but that's a practical consideration.  Really, how many lenders will be calling loans due that are being paid on time every month?  Most lenders are sitting on more foreclosures than they care to see, so they'll be less likely to call a loan due that's performing 100%.

Having said that, I'd advise my clients of the RISK in selling on a contract for deed, for example, but that risk has to be balanced against the benefit.  If you can't sell because you can't find qualified buyers or there's too much competition with such high inventory levels, what do you do?  Drop the price until you take a loss...OR risk the Due on Sale clause and sell on a contract for deed or similar tool.

If you want to go that direction, I can help.

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Jason Romrell
Business Attorney and Success Advisor - Los Angeles, CA

Kay,

I think your last sentence is great...ask an attorney for advice.  That's great advice for ANY real estate deal, even those with excellent agent representation.  But here's something you should know before you throw about "fraud".  Selling property on a contract for deed (also known as an installment land contract) is NOT illegal and is NOT fraudulent.  In fact, Minnesota actually has statutes which direct how it's done and how to treat defaults.  A contract for deed is a CONTRACT...and unless a contract requires illegal activity, contracts generally are not illegal or fraudulent just because they're a contract.

Here's an example of mortgage fraud.  Lying on an application that you're Owner Occ when in fact you're buying investment property and never intent to use the property for a first or second residence.  You say Owner Occ to get a better rate.  Fraud.  Here's an example of a breach of contract.  Selling the property to another party on a contract for deed which triggers the lender's right to call the loan due.  Not fraud because no inducement in the contract to seal the deal on deceptive terms.  Note that a breach of contract is NOT fraud because fraud involves a KNOWING misrepresentation of the truth or a concealment of a material fact to INDUCE another to act to his or her detriment.

Let me break that down.  If I'm already under contract, I can breach a contract without committing fraud so long as I'm willing to pay the contract damages.  If a contract, for example, says "No Pets Allowed" and I decide to get a pet, I've breached the contract.  That might lead to an eviction or money damages or both...but it's not fraud UNLESS I lied up front and said I didn't and wouldn't have pets.

You need to understand that fraud is a specific act that is meant to induce someone to act (or avoid acting) to their detriment...but breaching a contract is a CONTRACT issue, not a violation of law and NOT fraud.

So the bubble hasn't been burst.  In fact, many lenders know and will allow use of a contract for deed that remains SUBORDINATE to their priority lien.  Even if I don't disclose the "sale" of my property to my lender, the lender's original priority position as a lienholder is NOT extinguished but remains in first place and OF RECORD.

I hope this helps your understanding of fraud and contracts for deed.  Do a bit of research online and you'll find plenty of information that supports what I'm saying, even if you've never seen this in 34 years of biz in Texas.  It might turn out to be something you can tell your clients about if they have no other reasonable alternatives!

I appreciate your comments!

Jan 02, 2008 10:54 AM