Real Estate News and Commentary

November 26, 2017November 23, 2021

Industry disruptors changing real estate

Reat estate industry disruptors (infographic from nar.realtor)

Buying and selling homes hasn’t really changed much over the years. It still requires a buyer and a seller. Getting them together often requires a real estate agent or broker. Sure, technology has changed the brokerage relationship dramatically. It has also forced players in the real estate industry to change or get out of the business. A new trend of real estate brokers are embracing technology like never before. Will these real estate industry disruptors change how real estate services will be provided in the future? Will these industry disruptors drive a new enthusiasm for “real estate technology brokers“?

One the largest players in the real estate industry is Zillow. Although Zillow has a number of services that can bring home buyers and sellers together, they are mostly a technology company that serves to provide consumers information. The company generates revenue by selling services to real estate brokers and agents, as well as mortgage companies and loan officers. Many consumers visit Zillow’s websites to view information about homes for sale or rent that are listed with brokers or the homes’ owners. Consumers don’t pay Zillow a fee or commission for the service.

Over the years, many have talked about how Zillow’s technological influence will predict the real estate industry’s future. Those real estate prophets foretold a time when home buyers and sellers will be able to do business on the internet without a real estate agent or broker. But in reality, Zillow’s influence only cemented the necessity of a broker or agent to facilitate the transaction. Zillow’s success has generated millions of dollars in revenue, but the company has struggled to post an annual net profit.

Redfin is another real estate company that has a significant internet presence. Some think of Redfin as a technology firm offering real estate services. But the reality is that it is a real estate brokerage built around technology. Redfin has built its brand, and went public this year. Although the company generates millions in revenue, the Seattle Times reported that Redfin’s IPO offering indicated that the company has yet to post an annual net profit and has accumulated losses of $613.3 million (Seattle real estate company Redfin files to go public; seattletimes.com; June 30, 2017).

Companies like Zillow and Redfin are not the only players in real estate know for technology, but they may be the most well-known. These companies are part of a new generation of companies that strive for a huge internet footprint to drive business. But Zillow and Redfin demonstrate that technology in and of itself is not a guarantee of profitability, nor has it been an absolute “game changer” for the real estate industry. Instead, technology has been the catalyst for change.

Industry disruptors and real estate

Consumers probably don’t realize the subtleties, but the rapid changes in real estate technology has forced real estate agents and brokers to change how they engage their clients. Since companies like Zillow and other real estate aggregator sites have propagated the internet, the role of the real estate agent and broker has shifted away from being the source of information to being the source of a meaningful analysis. Agents and brokers have also shifted their roles from information keepers to transaction managers.

What better way to be a real estate change agent and industry disruptor than to build a business around technology. Redfin is probably the most poised to make major impact to how consumers are served in the real estate industry. With all of its tech goodness, Redfin’s contribution to the industry hasn’t been as much technological than financial. The brand will likely be known for being instrumental in reducing real estate commissions. In markets where Redfin has been successful in establishing its brand, agents have been under significant pressure to lower listing commissions and/or offer buyer rebates.

Original published at https://dankrell.com/blog/2017/11/26/industry-disrupt…ging-real-estate/

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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

November 17, 2017September 19, 2018

Marijuana’s high home values

Did you know that the licensing of medical marijuana dispensaries in Maryland has begun? There are only a handful of licensed dispensaries at this time, including one in Montgomery County. Besides dispensaries, Maryland’s budding medical marijuana industry includes growers and processors. Even though the industry is just taking off, there is growing support for legalizing marijuana for recreational use. This is evidenced by recent bills introduced in the Maryland General Assembly that focused on establishing a tax for cannabis sales. Besides increasing tax revenue for states where marijuana is decriminalized, there also seems to be a phenomenon of high home values.

If Maryland does decriminalize marijuana, it could be a potential source of tax. The San Francisco Chronicle (6 lessons from legal pot in Washington and Colorado; sfchronicle.com; September 30, 2016) pointed out that the state of Washington has had a windfall since legalizing pot. It was reported that Washington collected $135 million for the fiscal year 2015 and $186 million for the fiscal year 2016. They were expected a fifty percent for the fiscal year 2017. And that is just on the excise tax on pot products, and doesn’t include the collected sales tax.

About those high home values…

Colorado and Washington state have realized a significant housing boom since decriminalizing marijuana. Washington DC’s housing market has been buzzing along quite nicely as well. While the surrounding suburbs’ housing market has slowed, GCAAR’s October stats (gcarr.com) reveal that Washington DC’s home sales have surged about ten percent year-to-date and average home sale prices grew about four percent! Recent empirical studies have validated the housing-marijuana relationship.

One recent paper that provides such evidence was presented at the 2017 Annual Meeting of the Allied Social Sciences Associations held by the American Economic Association. Cheng, Mayer and Mayer (The Effect of Legalizing Retail Marijuana on Housing Values: Evidence from Colorado; working paper, 2016) measured the “benefits and costs” of legalizing marijuana expressed in home prices. They concede that although marijuana legalization is controversial, there are some benefits. They determined that there is a causal effect such that Colorado’s retail marijuana law implementation was instrumental in its recent housing boom. They concluded that implementing a retail marijuana law will give home prices a bump of about six percent. They also found that high home values and inventory are mutually exclusive, such that the increase in housing demand did not affect housing supply.

Are high home values worth the affects of decriminalizing pot? High home values is not everything.

Regardless of high home values, decriminalizing marijuana is not all peaches and cream. Not to be a buzzkill, marijuana can also negatively impact real estate too. Amy Hoak’s reporting lists a number of issues where legalizing marijuana has adverse effects to housing (5 ways marijuana legalization affects real estate; MarketWatch.com; November 25, 2014).

A major issue Hoak points out concerns federal law. Regardless of any state or local retail marijuana law, the Feds still consider marijuana verboten. Properties (commercial or residential) that are associated with marijuana related activities and can be subjected to civil asset forfeiture. Another issue is financing properties related to the marijuana industry. Federally chartered banks conform to federal law and won’t lend on these properties.

Hoak also points out issues with properties where marijuana is processed, sold or used (commercial or residential). There has been a significant increase in property explosions in states where marijuana has been decriminalized. The explosions are likely due to processing marijuana into hash oil, a process that involves butane. Mold is an issue where marijuana is grown, because of the large amounts of water used in the process. Much like cigarette smoke, marijuana odors can permeate walls and be very difficult to remove. Even if a lease forbids it, residential landlords can have problems when tenants grow, process, and smoke marijuana in the home.

Regardless of the increased home value phenomenon associated with retail marijuana laws, some homes can be difficult to sell. High home values aside, homes that have been “tainted” with odors or mold can languish on the market, even if they are in prime locations. Finally, Hoak pointed out that people are not keen living next to properties involved in the marijuana industry.

Original published at https://dankrell.com/blog/2017/11/17/marijuanas-high-home-values/

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November 10, 2017

Winter ready home

After several years of brutal winter weather, we were given a reprieve of mild weather last year. The warm weather trend has moved into the fall with some balmy days. But you shouldn’t become complacent thinking that winter weather is a long way off. Yes, it’s the time of year to take stock in your home and prepare for winter. Is your home winter ready?

Of course, at the center of your winter ready home is the comfort your heating system delivers. Regardless of the type of heating system you have, have a licensed a licensed professional inspect your home’s furnace. The inspection can identify any issues that can cause your furnace to be inefficient and/or fail. The inspection can also root out potential safety issues, such as carbon monoxide buildup. If the system does not need to be repaired or replaced, the HVAC professional will tune the furnace to optimize the its performance.

Another thought for being winter ready is the fireplace. Unfortunately, many homeowners overlook fireplace and chimney maintenance. However, putting off fireplace and chimney maintenance can become a safety issue. Wood burning fireplaces should be cleaned, inspected, and repaired if necessary. Gas fireplaces require a licensed technician to inspect the pilot and electronics in the firebox. Both wood and gas fireplaces require flue and chimney maintenance. Creosote buildup can combust and cause a chimney fire. Birds and other animals or debris can lodge in the chimney and prevent proper venting. Defective fireplaces or improperly vented fireplaces can produce excess carbon monoxide in your home, which can be deadly.

You’re not winter ready unless you’re prepared for emergencies. Test the smoke and carbon monoxide detectors in your home, replace them if necessary. If your heating system and/or fireplace burns liquid, solid, or gas fuel, then you need to have carbon monoxide detectors installed. Carbon monoxide is invisible, odorless and tasteless and prolonged exposure can result in brain damage and death. Experts recommend installing carbon monoxide detectors throughout the home, primarily near bedrooms.

Hose bibs are often ignored because many people don’t use them, or are not aware of how to maintain them. However, hose bibs that are not winter ready are probably the number one source of winter pipe leaks. If not winterized properly, the pipes leading to the hose bibs can freeze and expand. This expansion can cause the pipe to burst, creating an unwanted winter leak. If you’ve never winterized the hose bibs, or are not sure how, contact a licensed plumber. Attempting to operate pipe valves that have been idle or not operated in a while can create or exacerbate an undetected leak.

Make sure your home’s roof system is winter ready. Have a licensed professional inspect your home’s roof. If shingles are not secure, melting and freezing snow can create ice dams. Ice dams can lift and dislodge shingles allowing water to penetrate your home. Water penetration from ice dams can cause damage to your home’s interior. Besides damaging ceilings, water penetration can also damage walls and windows.

While your roof is being checked out, inspect the roof flashing, gutters and downspouts. Roof flashing is often ignored, however is as important as shingles. Roof flashing is used to transition from shingles (or other roofing) to other materials (such as brick, metal or PVC). The flashing prevents water to leak between the roof and chimney or vent pipes.

Clean and repair clogged gutters and blocked downspouts. Poorly maintained gutters and downspouts won’t allow for proper drainage of water from snow and rain. Improper drainage can allow water to penetrate the foundation, creating structural and mold issues.

Preparing for winter will reduce the probability of having surprises. Being winter ready will allow you to enjoy the winter months in your own winter wonderland.

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November 4, 2017November 23, 2021

Confidential information

A real estate agent, who allegedly represented Paul Manafort’s family, recently asserted his fiduciary privilege to avoid appearing in front of a grand jury. However, as Politico reported, his efforts were thwarted by a judicial opinion, and subsequently reported to the grand jury. But can confidential information be disclosed?

A fiduciary is generally described as someone who acts as a custodian of their client’s rights and/or assets. The fiduciary has a responsibility to act with honesty and integrity, as well as act in their client’s best interest and not exert influence or pressure on their client for their own or others interests.

Both the National Association of Realtors and the Annotated Code of Maryland (COMAR) reference directly and indirectly a real estate agent’s fiduciary obligation and handling confidential information. The NAR Code of Ethics Standard of Practice 11-2 states that a Realtor (when acting as an agent or subagent) has “the obligations of a fiduciary.” COMAR states about the brokerage relationship (MD BUSINESS OCCUPATIONS AND PROFESSIONS Code Ann. § 17-534):

“Except as otherwise provided by this title or another law, keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship to be kept confidential, unless (i) the client consents in writing to the disclosure of the information; or (ii) ) the information becomes public from a source other than the licensee.”

Of course, all jurisdictions are different, having their own laws and customs that govern the actions of real estate agents. Manafort’s alleged real estate agent claimed a fiduciary privilege under the DC and VA real estate statutes, which is similar to Maryland’s. However, in a recently unsealed Memorandum Opinion (www.dcd.uscourts.gov/unsealed-opinions-sealed-cases), Chief Judge Beryl A. Howell of the US District Court for DC believes that real estate agents don’t have an “absolute duty of confidentiality.” She opined that a real estate agent is not excused from complying with an obligation to respond to a grand jury. But what about confidential information?

Judge Howell wrote:

“The respondents take the position that a court order compelling compliance with federal grand jury subpoena is required to overcome the confidentiality protection afforded to real estate brokerage records under District of Columbia and Virginia law. They rely on identical provisions of District of Columbia and Virginia statutes that require a real estate licensee engaged by a buyer, such as the Clients, to ‘[m]aintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information.’ D.C. Code § 42-1703(b)(1)(C); Va. Code § 54.1-2132(A)(3) (emphasis added). The government does not dispute that these statutes extend confidential treatment to the subpoenaed information, but argues that ‘the laws do not impose an absolute duty of confidentiality on real estate agents’ or excuse compliance with ‘a legal obligation—enforceable by a federal court—to respond to the grand jury’s request for documents, testimony, or both.’”

A real estate agent’s fiduciary obligation and handling confidential information is not taken lightly. Thankfully, most real estate agents don’t face a grand jury subpoena. However, during the course of daily business, a real estate agent does have an obligation (whether by NAR Code of Ethics, their local statute, or both) of keeping their client’s personal and financial information confidential.

Original published at https://dankrell.com/blog/2017/11/04/revealing-confidential-information/

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October 27, 2017January 26, 2020

Blockchain, Bitcoin and real estate

Is a Bitcoin mortgage in your future? Probably not. Mortgages will not be in Bitcoin in the near future. But that doesn’t mean that the blockchain technology that underlies cryptocurrency won’t be making the real estate transaction cheaper and more efficient.

Brad Finkelstein reported on the difficulties of a Bitcoin mortgage (Virtually No Chance Soon for Any Bitcoin Denominated Mortgages; National Mortgage News, 2014). Cryptocurrencies have a history of volatility, Bitcoin most recently lost about a third of its value (see: Bitcoin at crossroads after shedding more than $27 billion in value; marketwatch.com; September 14, 2017). Instability of the currency is a major issue for a thirty-year mortgage. Finkelstein stated that such short-term losses could cause the mortgage holder to “lose their shorts,” and cause the borrower to default. He also pointed out that regulatory hurdles will be difficult to transcend, stating that mortgage rules and closing disclosures are calculated in dollars. Not to mention the difficulty of appraising a home’s value in Bitcoin. Additionally, all parties that are part of the transaction (such as appraisers) need to accept payment in Bitcoin.

Finkelstein also pointed out other cryptocurrency flaws. Unlike currencies such as the euro or yen, cryptocurrencies are not backed by a government that guarantee an exchange rate. Because of the lack of government backing, cryptocurrency values are easily manipulated. Cryptocurrencies have also been associated with illicit internet transactions.

Although cryptocurrency mortgages may not be feasible, Finkelstein noted that “cash” transactions conducted in Bitcoin is a possibility. Luke Stangel reported on a Miami mansion recently listed for sale in Bitcoin (Brother, Can You Spare a Bitcoin? Miami Mansion Is Listed for About 1,400 Bitcoins; realtor.com; September 6, 2017). Two real estate agents interviewed about the sale stated that some aspects of the transaction may still be traditional, such as an escrow being deposited as well as title transfer. However, the transferred funds would be Bitcoin.

Stengel’s report suggested that the interest in conducting real estate deals in cryptocurrencies is to speed up the sales process and provide a secure transaction. However, because of the associated processes that occur during a transaction, the timing of such a transaction may not differ much from any other cash transaction. Security is another issue and can be debated as Bitcoin and other cryptocurrencies have had their share of hacking too.

With so many issues and hurdles, cryptocurrency on its own may not be the (immediate) future of real estate. However, its underlying technology is of interest. The technology that makes Bitcoin and other cryptocurrencies possible is called blockchain.

Blockchain technology has the potential to revolutionize the real estate transaction by reducing the time and cost needed for processing a mortgage and title. Blockchain technology is essentially a chain of blocks. Each block records and holds information. When a block is recorded, it is encrypted and cannot be changed. The recorded information can be currency (such as a Bitcoin transaction), records, contracts, etc. The draw to blockchain is that it is decentralized, making it difficult to corrupt and easy to restore. Additionally, retrieving information is much faster because the chain of information is essentially available at your fingertips.

Many are skeptical of blockchain technology. Not so much because of its disruptive potential, but because it is not impervious to problems. Some issues include security, cost and complexity. A revealing critique of blockchain was written by Jason Bloomberg (Eight Reasons To Be Skeptical About Blockchain; forbes.com; May 31, 2017).

However, blockchain advocates still maintain that the technology provides ease of access and secure recording of blocks of information. The touted benefits are claimed to decrease the time of the average real estate transaction, and reduce the cost to the consumer as well.

Original published at https://dankrell.com

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