With my older and more frequently faulty memory I feel the need to write things down lest they become lost. Allow me to ramble about whatever is passing between my ears this beautiful November morning in Cocoa Beach. Last Saturday morning's sunrise from 1st St. South above.
Directions to a Cape Canaveral condo listing; east on 528, exit Terminal B Cruise, bear left on George King Blvd., right on North Atlantic and ... Apparently this listing agent from Merritt Island is expecting all showings to be coming from non-beachside agents along the Beachline corridor inland. Any beachside agent not familiar with the complex will have to rely on Google maps or their GPS to find and show it.
I called a listing agent last Thursday for showing instructions to her Cocoa Beach listing. No answer so I left a voice message and followed up with an email and then called her office. Voicemail answered with "If you are a seller dial 101", "If you are a buyer dial 102", "If you are a renter dial 103", "If you'd like to speak to John Adams dial 104", "If you'd like to speak to Barbara Anderson dial 105" and on and on. [names changed] I waded through about ten agents' names before conceding defeat and hanging up. This type of voice mail is not uncommon among area brokerages. It is an unnecessary barrier between a property for sale and those trying to show it. Buyer's agents juggling multiple appointments may have to exclude listings with this much friction to showing. The listing agent did respond to my email about six hours later saying if we could wait until Tuesday, we could see it. We couldn't. It's been on the market for 78 days and has one MLS photo. It's of the outside of the building. The listing description is 21 words long. Her office is in another city. I hope the seller is getting a substantial listing discount for this sub-par performance.
Longtime readers can skip this next paragraph. It's been repeated ad nauseam apparently to no avail. I continue to have listing agents request that the escrow deposit be held at the seller's title company. I understand why your broker doesn't maintain an escrow account. It's a royal pain and comes with a lot of liability and oversight. Life is much easier when that responsibility is handed off to the title companies. Guess what? The only person to benefit from that policy is the broker. It's in both the buyer's and seller's best interest that the escrow deposit be held in a real estate broker's escrow account and NEVER the title company's. Stop endangering your clients with this unnecessary risk. You should be happy that my company maintains an escrow account and is willing to do everyone a favor by holding the buyer's deposit there. Go back to real estate school if you don't understand why.
How about the practice of withdrawing and relisting a property to reset the "Days on Market" clock? Legal? Yes. Ethical? Maybe. Knowingly deceptive? Absolutely. It actually does get a stale listing back on everyone's hotsheet and on auto-emails from the MLS so it can be an effective tactic. It's sort of like telling a little lie for the greater good. Shades of grey.
There are 21 "waterfront" condos for sale today in Cocoa Beach and Cape Canaveral. A person is able to actually see the water from eight of them. Four of them are over a half mile from the water. A darker shade of grey.
Just how tight is the inventory? There are 211 existing condos and townhomes for sale in Cocoa Beach and Cape Canaveral today. More than that have closed since July 15 this year. There are 42 single family homes for sale, the same number that have closed since August 1.
The rate on 30 year US Treasury bonds Monday morning one week ago was 2.60%. One week and a presidential election since and the rate this morning looks to open at 3.04%. Freddie Mac publishes it's weekly mortgage rate survey on Thursdays so most of us won't see the actual impact on mortgage rates until next Thursday. It's probably safe to expect a decent bump upwards. Before anyone panics, for perspective, it is right where it was exactly one year ago.
It was 68 degrees and dead calm this morning at sunrise as the super moon slipped over the western shore of the Banana River. The high today, November 14, in Cocoa Beach is forecast to be 78 with a light NW breeze. The surf is tiny but there is one optimistic guy out at the Pier right now (pictured above). The water temp in the mid-70s is higher than the air temp.
The Cocoa Beach Art Festival is less than two weeks away. Get the dogs groomed and the kids washed. It will be a good time as always. I hope to see many of you there.
“The last refuge of the insomniac is a sense of superiority to the sleeping world.” __________Leonard Cohen, may he rest in peace.
This is one insider's unpolished take on the current state of the Cocoa Beach and Cape Canaveral, Florida real estate market. I am a licensed agent and partner with Walker Bagwell Properties. My sometimes blunt opinions here are not welcomed by the real estate mainstream. Whatever. Hopefully my insights will allow you to make better decisions about your participation in this market.
Larry Walker - condoranger@hotmail.com
Monday, November 14, 2016
Thursday, November 10, 2016
Condos, Traffic, Turtles, Betrayal and Art
![]() |
| Thanks to Jim F. for the south Cocoa Beach sunrise photo |
Looking for a direct ocean unit in Cocoa Beach or Cape Canaveral? The MLS reveals 38 total existing units for sale at the moment. Budget of less than $500,000? Eliminate 20 of the total. Must have at least three bedrooms? Now we're looking at six possible units, two of them ground floor. How about the buyer looking for direct ocean with at least two bedrooms and two baths with a budget of $300,000? The MLS comes up with three hits but one is not actually east facing (listing agent dishonestly listed as "direct"), another is ground floor and the last is "direct" if you consider a distant horizon view over the pool "direct". Speaking of listing agent dishonesty, entering south or north facing units as "direct" is, I suppose, an attempt to get more showings with the thought that a buyer will decide that a south view is good enough in spite of having been deceived. Marketing and honesty are often at odds.
Those of you with similar criteria need to remember this when you find that awesome new listing of a "direct" 2/2 for $250,000. I can tell you without looking that the listing agent exercised some level of poetic license when entering her $250K "direct" listing in the MLS. Ever wonder why so many listing agents' assistants are so muscular? It's so they can hang onto the boss while she's hanging off the south facing balcony with a telephoto lens craning left to get her shot of the "direct" view for the listing. It's not so difficult for those agents who describe the west building at Conquistador as direct. They only have to zoom over Ocean Beach Boulevard below separating the building from the beach to get a clean "direct" view shot of the distant ocean. Direct indeed.
In the month of October 41 condos and townhomes closed in our two cities. During the same time 14 single family homes closed. Highest price for a home was $399,000 for a beautiful two year old 3 bedroom 2.5 bath with 2219 square feet on Seminole Lane. Lowest price paid was $179,900 for a bank-owned 3/2 handyman special on Java Rd. It needed everything.
Closed condos included two more at the just-completed Cocoa Cabanas oceanfront in south Cocoa Beach. They went for $925,000 and $865,000. Both were 3/3.5 corner units with 2580 square feet and two garage spots. Prime oceanfront units with unobstructed views that are either new or totally and nicely remodeled continue to bring $300 a foot and higher. Despite the hurdles associated with condo loans half of the condo buyers in October used a mortgage to finance their purchase. A third of the closed units were listed for ten days or less, another persistent trend directly related to the super low inventory.
The strong onshore winds since the hurricane have been devastating for late season hatchling turtles. The wall of whitewater is virtually impossible for a freshly hatched turtle to punch through and hundreds of them have been found near death on the shoreline after swimming until exhaustion to try to get through the surf. Every surfer can identify with this. I can't imagine my first paddle-out being in quadruple overhead onshore slop. People finding these little guys have been dropping them off at Lori Wilson Park and other designated drop-off spots where they are collected and nursed back to health before being dropped off from a boat beyond the death zone for a second chance. Surfers in the southern end of town who've been jonesing for a good day were rewarded yesterday afternoon when the wind died down before sunset and the big, long period north swell cleaned up with smooth head-high plus lefts peeling down the beach.
In what can only be described as a cluster of royal proportions, the pain in the butt that is the Minutemen Causeway streetscape nightmare project with it's associated detours has been joined by the A1A resurfacing project topped off with the A1A sidewalk project further south. Traffic is worse than any Easter weekend in history and it's every day. The City has issued threats that they will be finished with the steetscape between Orlando and Brevard soon but they've fooled us before. Those who haven't heard might be surprised that the Space Coast Art Festival which turned it's back on Cocoa Beach for a tasty venue change at the Port finds itself without a venue this year and a whole bunch of pissed-off artists. It may never recover. On the bright side, the Cocoa Beach Art Festival which quickly filled the gap last year after the desertion of the SCAF will be continuing the tradition again this Thanksgiving weekend in downtown Cocoa Beach. Displays will be shifted around on Brevard Ave. to accommodate the afore mentioned streetscape nightmare. I look forward to seeing many of you there. Radio Romance will be hitting the big stage again this year.
"We must accept finite disappointment but never lose infinite hope." __Martin Luther King, Jr.
Sunday, November 06, 2016
When There Are No Comps
How much is that condo or house worth? The easy answer is whatever someone is willing to pay but in the real world it's not usually so simple. It's a rare day that I'm not pouring over recent Cocoa Beach and Cape Canaveral property sales to try to come up with fair current value for an unsold property. For properties with very similar, recently closed comparable sales (comps) the process can be pretty straightforward with a high level of confidence in the conclusion. Much of the time there are no reasonably similar comps and I or an appraiser or a prospective seller or buyer are forced to adjust for differences in the most closely similar sold comps.
My usual starting point is square footage. I will scan recent (no more than six months old) sales with similar characteristics and then filter for the most similar. I try to keep square footage as close as possible to my subject property as dollars per square footage tend to trend with unit size, higher for smaller units and vice versa. If a 3rd floor direct ocean unit with 1200 square feet in mainly original 1985 condition sold last month for $250 per square foot then another 1300 square foot similar unit above the ground floor in a similar building should be worth close to the same $/sf. While both may be in original condition, one may have a new AC system or private garage rather than a designated space under the building and I'll have to SWAG a number for these differences to arrive at my number. If it's a garage versus an open spot it's easy to estimate value for the garage. Same for a new AC system or new floors or appliances.
And then there are those differences that are more difficult to quantify. Without recent comps how much more is a corner worth than an interior unit in the same building? How much more is a 4th floor unit worth over an identical 2nd floor unit? What is the difference in value of corner units in a building with a close building on one side and open space on the other? When faced with these qualities without recent comps then we are back to the easy answer; whatever someone will pay. When a reasonable, informed seller who wants to sell meets a reasonable, informed (and capable) buyer who wants to buy that property, a deal will happen. Many fair deals don't happen because one or both parties weren't reasonable or informed. or just had a difference of opinion on value. When faced with a specific quality or shortcoming that is missing in the comps the parties are forced to refocus on the big picture and make a judgement call on the unknown quantity. The guy who "never pays asking price for anything" may miss out on a steal and the guy who "won't accept anything less than what I paid" may lose even more money waiting for a buyer who'll pay his number.
If I'm selling and a prospective buyer thinks my corner view is worth $10,000 less than I do I have three choices if I want to sell; stand firm with my opinion of value, yield to his opinion or try to negotiate a middle ground. The buyer has the same three choices and the advantage of being in a rising market. No one wants to overpay for a property but, with tight inventory, knowingly overpaying a percentage point or two stands a good chance of being the more prudent choice, especially for rare or unique properties.
Our takeaway: Property value, no matter who is assigning it, is only an opinion of value. Small differences in that opinion should not stand in the way of a sale happening between two parties who want to do a deal. If the goal is a transaction, flexibility in one's opinion is a powerful tool.
It was great seeing so many Cocoa Beach folks last night at the grand opening of The Studios of Cocoa Beach. The turnout was overwhelming and the collection of art on display was beautiful. If you missed it I encourage a visit to see the brightest new addition to the downtown scene. Open daily. As I walked to my car at some point during the night I could hear live music drifting out of doorways from at least six different places in a one block area with an overlay sound of the surf in the background. Our downtown may be small but it is diverse and concentrated and I love it.
"We meet aliens every day who have something to give us. They come in the form of people with different opinions." __William Shatner
My usual starting point is square footage. I will scan recent (no more than six months old) sales with similar characteristics and then filter for the most similar. I try to keep square footage as close as possible to my subject property as dollars per square footage tend to trend with unit size, higher for smaller units and vice versa. If a 3rd floor direct ocean unit with 1200 square feet in mainly original 1985 condition sold last month for $250 per square foot then another 1300 square foot similar unit above the ground floor in a similar building should be worth close to the same $/sf. While both may be in original condition, one may have a new AC system or private garage rather than a designated space under the building and I'll have to SWAG a number for these differences to arrive at my number. If it's a garage versus an open spot it's easy to estimate value for the garage. Same for a new AC system or new floors or appliances.
And then there are those differences that are more difficult to quantify. Without recent comps how much more is a corner worth than an interior unit in the same building? How much more is a 4th floor unit worth over an identical 2nd floor unit? What is the difference in value of corner units in a building with a close building on one side and open space on the other? When faced with these qualities without recent comps then we are back to the easy answer; whatever someone will pay. When a reasonable, informed seller who wants to sell meets a reasonable, informed (and capable) buyer who wants to buy that property, a deal will happen. Many fair deals don't happen because one or both parties weren't reasonable or informed. or just had a difference of opinion on value. When faced with a specific quality or shortcoming that is missing in the comps the parties are forced to refocus on the big picture and make a judgement call on the unknown quantity. The guy who "never pays asking price for anything" may miss out on a steal and the guy who "won't accept anything less than what I paid" may lose even more money waiting for a buyer who'll pay his number.
If I'm selling and a prospective buyer thinks my corner view is worth $10,000 less than I do I have three choices if I want to sell; stand firm with my opinion of value, yield to his opinion or try to negotiate a middle ground. The buyer has the same three choices and the advantage of being in a rising market. No one wants to overpay for a property but, with tight inventory, knowingly overpaying a percentage point or two stands a good chance of being the more prudent choice, especially for rare or unique properties.
Our takeaway: Property value, no matter who is assigning it, is only an opinion of value. Small differences in that opinion should not stand in the way of a sale happening between two parties who want to do a deal. If the goal is a transaction, flexibility in one's opinion is a powerful tool.
It was great seeing so many Cocoa Beach folks last night at the grand opening of The Studios of Cocoa Beach. The turnout was overwhelming and the collection of art on display was beautiful. If you missed it I encourage a visit to see the brightest new addition to the downtown scene. Open daily. As I walked to my car at some point during the night I could hear live music drifting out of doorways from at least six different places in a one block area with an overlay sound of the surf in the background. Our downtown may be small but it is diverse and concentrated and I love it.
"We meet aliens every day who have something to give us. They come in the form of people with different opinions." __William Shatner
Sunday, October 30, 2016
Happenings Downtown Cocoa Beach
New arrivals to downtown include The Thirsty Oyster raw bar on the corner of Atlantic and Minutemen in the old shell shop location. The Bula Kava Bar has opened on Orlando Ave. between North 1st and 2nd streets and, Grand Opening next weekend, the Studios of Cocoa Beach next door to Heidi's Jazz Club on Minutemen between Orlando and Atlantic Avenues.
The Studios are a co-operative, non-profit venture run by volunteers and the artists who display there. The idea was conceived by Peter Hain and Tony Sasso who enlisted a group of hard-working volunteers to join them to make the dream a reality. At present there are over 25 artists displaying a diverse mix of works in assorted mediums. The Studios are open to the public now with the big Grand Opening celebration next weekend, November 5. For those interested in displaying, teaching, volunteering or sponsoring please contact them through their website Studios of Cocoa Beach There will be an ongoing roster of classes and the art lineup will be ever-changing. Please stop by and support the arts in our community and visit the other new arrivals to the downtown scene while you're there.
“Art washes away from the soul the dust of everyday life.” __Pablo Picasso
Saturday, October 15, 2016
After the Storm
Real estate sales last month were strong coming one unit shy (65 closed units) of setting a record as the busiest September ever recorded in Cocoa Beach and Cape Canaveral for condo sales. Six oceanfront units commanded selling prices over $300 per square foot. All of those were either new or completed remodeled and several included furnishings at that price. The lowest price per square foot paid for a direct ocean unit above the ground floor was $247/sf for a 3rd floor mildly updated 1/1 Royale Towers with a garage. In a departure from the recent trend towards more buyers using mortgages, two thirds of the condo sales in September were cash deals.
Another trend I'm seeing is overpricing at initial listing. It makes sense for a seller who is in no hurry to take a chance at landing a lottery winner or frustrated buyer willing to pay more than fair current value. There are two sides to this. In a rising market a reasonable premium to current value will be overtaken with time. However, unless the unit is a unique floor plan or rarely offered type, a buyer can just wait for another acceptable unit at a better price. For a one-of-a-kind or hard to find floor plan, it may make sense to pay a reasonable premium. By the time another unit is offered, prices may have overtaken what the premium would have been. As always, homework pays off.
Knowing that this dynamic is in play makes it more prudent than ever for buyers to know exactly what property criteria matter to them AND how to approximate current value. Just hoping to get X% off asking price is not a good plan. When looking at comps be aware that the sales prices that are reported in the MLS and the Property Appraiser's site don't always include all sales details. Be especially doubtful of too-good-to-be-true prices of non-MLS sales prices at the PA's site. It is not uncommon for private parties to exchange a portion of the sales price off the record to reduce tax implications. One or two sales whether MLS or not do not reveal enough information to accurately value a comparable property unless one can be certain that all the details of the sales are known. For instance; the listing agent often doesn't indicate when closing a listing whether or not the furnishings were included in the sales price or that the seller was granted a free three month stay next snowbird season.
Our takeaway: putting an exact current market value on a property is not possible. We can only approximate. Knowing what I want in a property may be just as important as nailing down exact current value. If the perfect unit becomes available I need to be able to recognize that and make an informed decision about what I'm willing to pay to get that unit. At least some of those 65 people who closed in September went through this process successfully.
Good hunting out there. Those looking for a condo or townhome in our two cites have 207 existing units to choose from today. Less than half of those are in oceanfront buildings. Many are way overpriced. You'll increase your odds if you do your homework and find an agent you can trust who knows this market.
"Fear of the storm is usually worse than the storm itself." ___Gail Lynne Goodwin
Sunday, October 02, 2016
Sue the Association for Water Damage?
![]() |
| Thanks to Jewelry by Pam for the cool photo |
Who is responsible for damages in this sort of incident in a multi-story condo building; the offending unit owner, the damaged unit's owner or the association? I got lucky and my neighbor made the repairs to my unit at her expense without my even asking. Had she not, I would have had to make a claim on my unit insurance as the other owner's insurance does not cover my unit. Surprisingly, neither does the association's policy. Unknown to me at the time, my insurance company would probably have paid me and then gone after my neighbor and her insurance company and possibly the association for recovery of the money they paid me.
A similar incident happened in a unit I manage when the washer failed and leaked into the downstairs kitchen causing damage. Like my upstairs neighbor I paid to have the electrical and sheetrock damage repaired. Unknown to me, that unit owner filed a claim with their insurance company for inflated damages and collected a check for far more than the actual damages including the items that I had already taken care of and paid for. Several months later, the owner of the unit I managed received notice of a suit for damages from him by the downstairs unit owner's insurance company.
I was reminded of this last week when a lender's search of court records for a condo purchase in Cocoa Beach turned up a lawsuit against the association by a unit owner's insurance company in a similar water leak incident from one unit into another. I understand that it makes sense in a lawsuit to name as many parties as possible to increase odds of eventually settling with someone. Being named in a lawsuit even where no liability exists can be more than just a hassle for a condo association as we found out. An unsettled lawsuit against an association will stop the mortgage process faster than a Stop Stick in the path of a speeding 69 Camaro.
In our case, the underwriter refused to sign off on the file that was otherwise approved because of unknown liability to the association, Florida law be damned. Florida Statutes appear to actually prevent an association from insuring the interior of units. For your reading enjoyment as applies to the association's insurance coverage requirements from the Statute (below); Make your own interpretations and decisions.
718.113(2). 3. The
coverage must exclude all personal property within the unit or limited
common elements, and floor, wall, and ceiling coverings, electrical
fixtures, appliances, water heaters, water filters, built-in cabinets
and countertops, and window treatments, including curtains, drapes,
blinds, hardware, and similar window treatment components, or
replacements of any of the foregoing which are located within the
boundaries of the unit and serve only such unit. Such property and any
insurance thereupon is the responsibility of the unit owner.
Hopefully we will overcome the underwriter's objections and close. Takeaway: A specific person/entity's liability may matter less than the implications of a lawsuit initiated by an owner or her insurance carrier in the absence of an equitable settlement between involved unit owners. In my original experience, no insurance company was involved, remedy costs were minimal and no other owners were affected. In my second experience and in last week's incident, all unit owners were affected by the route taken by the affected owners. Sales involving a mortgage in a complex with an unsettled lawsuit against the association even if frivolously filed as in this case may be put on hold until the suit is settled and recorded.
It may not seem fair but if you're involved in a water leak incident in a condo building you may want to weigh the costs/benefits of settling without insurance company involvement against the unintended effects of an insurance company lawsuit's scattergun approach. The damages to you or one of your neighbors from a lost or delayed sale could be far more than the cost to repair the water damage.
"There are downsides to everything; there are unintended consequences to everything." __________Steve Jobs
unintended consequences.
Read more at: http://www.brainyquote.com/quotes/keywords/unintended_consequences.html
Read more at: http://www.brainyquote.com/quotes/keywords/unintended_consequences.html
Saturday, September 24, 2016
Calm Before the Storm... or Maybe Not
The boaters in the crowd will appreciate the photo above from last week in the Gulf Stream on a rare dead calm day. These were the conditions when I crossed over to the Bahamas from Florida. These same conditions lasted for six straight days. It's not often like this.
Summer officially ended this week but you couldn't tell from the air or water temperature in Cocoa Beach. We've had a small background swell for a few days from the distant tropical storms out in the Atlantic and everyone is chomping at the bit for the first big one to arrive.
Real estate sales in Cocoa Beach and Cape Canaveral have been brisk if somewhat slower post Labor Day despite the ever-dwindling inventory. As of this morning there are only 202 existing condos and townhomes for sale in Cocoa Beach and Cape Canaveral. For those looking for a unit with any sort of peek of the ocean the choices number less than 100. Refine that search to direct ocean above the ground floor asking less than a half million and the total number of units for sale in both cities is 14 between $347,000 and $498,000. According to the Cocoa Beach MLS we've closed 37 units so far this month, 78% of those for cash.
I think it's worth repeating the point I made in the Is Your Agent Gambling post about escrow deposits. This applies to both sellers and buyers. If your agent recommends holding the buyer's escrow deposit in a title company or attorney's escrow account, ask him why and what happens should there be a dispute in the event of a failed contract. He may not know or may just be doing what he's always done, having never been involved in a dispute. In Florida, unless it's a foreclosure sale and you have no other option, ALWAYS insist that the escrow deposit be held in a real estate broker's escrow account.
Which contract should a buyer use when offering, Florida's standard Residential Contract for Sale and Purchase or the As-Is contract? The standard contract specifies guidelines for property condition and what a seller must repair or replace within the monetary limits set forth in the contract. The As-Is contract sets no requirements for property condition and relieves the seller from obligation to repair items found in the inspection. The implication of this relief is often misunderstood.
Example: During inspection the AC compressor unit is found to be non-functional. With the standard contract, the seller is obligated (after being notified by buyer post inspection) to repair or replace it within the limits set forth in the contract. Under the As-Is contract the seller is not required to do anything BUT the buyer has the option of cancelling the contract at their "sole discretion" within the inspection period. What usually happens is that the buyer makes a demand for a new unit or a monetary concession. The seller can either agree to the demand, reject the demand or try to negotiate some middle ground. As long as the inspection period has not ended the buyer retains the right to walk away and receive refund of their escrow deposit. If they deliver a release and cancellation to the seller and the seller refuses to sign, they'll both be hiring lawyers if the escrow is at the title company.
Which contract is preferable? I tend to lean towards the As-Is for a buyer as it gives the buyer the power to ask for a monetary concession rather than giving the seller the power to repair or replace. In the AC example, a seller would always choose to replace with the cheapest available unit while the buyer might prefer to replace with a better, more efficient unit. Note that in an As-Is contract, a buyer shouldn't expect to go back to the seller after inspections and ask for concessions for readily observable conditions or items that the seller disclosed up front. A seller may have designated that the property be sold As-Is to relieve himslef of the obligation to replace some of the minor items listed below. This doesn't mean a buyer shouldn't ask for a concession for a major item found during inspections.
Property Condition: The following items shall be free of leaks, water damage or structural damage: ceiling, roof (including fascia and soffits), exterior and interior walls, doors, windows, and foundation. The above items together with pool, pool equipment, non-leased major appliances, heating, cooling, mechanical, electrical, security, sprinkler, septic and plumbing systems and machinery, seawalls, and dockage, are, and shall be maintained until Closing, in “Working Condition” (defined below). Torn screens (including pool and patio screens), fogged windows, and missing roof tiles or shingles shall be repaired or replaced by Seller prior to Closing.
Seller is not required to repair or replace “Cosmetic Conditions” (defined below), unless the Cosmetic Conditions resulted from a defect in an item Seller is obligated to repair or replace. “Working Condition” means operating in the manner in which the item was designed to operate. “Cosmetic Conditions” means aesthetic imperfections that do not affect Working Condition of the item, including, but not limited to: pitted marcite; tears, worn spots and discoloration of floor coverings, wallpapers, or window treatments; nail holes, scrapes, scratches, dents, chips or caulking in ceilings, walls, flooring, tile, fixtures, or mirrors; and minor cracks in walls, floor tiles, windows, driveways, sidewalks, pool decks, and garage and patio floors. Cracked roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks, leakage or structural damage.
If you're looking for a property in Cocoa Beach or Cape Canaveral I'm happy to help you find it and to guide you through the process. I know this market like the back of my wrinkled hand and I understand the process and the implications of the choices I recommend for you.I enjoy helping people find their own spot in this town that I love. Call or email me.
Speaking of email and somewhat related; I was asked one day years ago "So what does Condor Anger mean?" I initially chose the Condo Ranger email address in a childish moment as a play on Walker Texas Ranger. Just never realized until asked that Condor Anger could be construed. After contemplation it sounds way cooler but I digress.
"If in doubt, paddle out." ___Nat Young
Summer officially ended this week but you couldn't tell from the air or water temperature in Cocoa Beach. We've had a small background swell for a few days from the distant tropical storms out in the Atlantic and everyone is chomping at the bit for the first big one to arrive.
Real estate sales in Cocoa Beach and Cape Canaveral have been brisk if somewhat slower post Labor Day despite the ever-dwindling inventory. As of this morning there are only 202 existing condos and townhomes for sale in Cocoa Beach and Cape Canaveral. For those looking for a unit with any sort of peek of the ocean the choices number less than 100. Refine that search to direct ocean above the ground floor asking less than a half million and the total number of units for sale in both cities is 14 between $347,000 and $498,000. According to the Cocoa Beach MLS we've closed 37 units so far this month, 78% of those for cash.
I think it's worth repeating the point I made in the Is Your Agent Gambling post about escrow deposits. This applies to both sellers and buyers. If your agent recommends holding the buyer's escrow deposit in a title company or attorney's escrow account, ask him why and what happens should there be a dispute in the event of a failed contract. He may not know or may just be doing what he's always done, having never been involved in a dispute. In Florida, unless it's a foreclosure sale and you have no other option, ALWAYS insist that the escrow deposit be held in a real estate broker's escrow account.
Which contract should a buyer use when offering, Florida's standard Residential Contract for Sale and Purchase or the As-Is contract? The standard contract specifies guidelines for property condition and what a seller must repair or replace within the monetary limits set forth in the contract. The As-Is contract sets no requirements for property condition and relieves the seller from obligation to repair items found in the inspection. The implication of this relief is often misunderstood.
Example: During inspection the AC compressor unit is found to be non-functional. With the standard contract, the seller is obligated (after being notified by buyer post inspection) to repair or replace it within the limits set forth in the contract. Under the As-Is contract the seller is not required to do anything BUT the buyer has the option of cancelling the contract at their "sole discretion" within the inspection period. What usually happens is that the buyer makes a demand for a new unit or a monetary concession. The seller can either agree to the demand, reject the demand or try to negotiate some middle ground. As long as the inspection period has not ended the buyer retains the right to walk away and receive refund of their escrow deposit. If they deliver a release and cancellation to the seller and the seller refuses to sign, they'll both be hiring lawyers if the escrow is at the title company.
Which contract is preferable? I tend to lean towards the As-Is for a buyer as it gives the buyer the power to ask for a monetary concession rather than giving the seller the power to repair or replace. In the AC example, a seller would always choose to replace with the cheapest available unit while the buyer might prefer to replace with a better, more efficient unit. Note that in an As-Is contract, a buyer shouldn't expect to go back to the seller after inspections and ask for concessions for readily observable conditions or items that the seller disclosed up front. A seller may have designated that the property be sold As-Is to relieve himslef of the obligation to replace some of the minor items listed below. This doesn't mean a buyer shouldn't ask for a concession for a major item found during inspections.
Here is the language from the standard contract which is a good guideline even for those using an As-Is contract.
_______________________________
Property Condition: The following items shall be free of leaks, water damage or structural damage: ceiling, roof (including fascia and soffits), exterior and interior walls, doors, windows, and foundation. The above items together with pool, pool equipment, non-leased major appliances, heating, cooling, mechanical, electrical, security, sprinkler, septic and plumbing systems and machinery, seawalls, and dockage, are, and shall be maintained until Closing, in “Working Condition” (defined below). Torn screens (including pool and patio screens), fogged windows, and missing roof tiles or shingles shall be repaired or replaced by Seller prior to Closing.
Seller is not required to repair or replace “Cosmetic Conditions” (defined below), unless the Cosmetic Conditions resulted from a defect in an item Seller is obligated to repair or replace. “Working Condition” means operating in the manner in which the item was designed to operate. “Cosmetic Conditions” means aesthetic imperfections that do not affect Working Condition of the item, including, but not limited to: pitted marcite; tears, worn spots and discoloration of floor coverings, wallpapers, or window treatments; nail holes, scrapes, scratches, dents, chips or caulking in ceilings, walls, flooring, tile, fixtures, or mirrors; and minor cracks in walls, floor tiles, windows, driveways, sidewalks, pool decks, and garage and patio floors. Cracked roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks, leakage or structural damage.
_______________________________
If you're looking for a property in Cocoa Beach or Cape Canaveral I'm happy to help you find it and to guide you through the process. I know this market like the back of my wrinkled hand and I understand the process and the implications of the choices I recommend for you.I enjoy helping people find their own spot in this town that I love. Call or email me.
Speaking of email and somewhat related; I was asked one day years ago "So what does Condor Anger mean?" I initially chose the Condo Ranger email address in a childish moment as a play on Walker Texas Ranger. Just never realized until asked that Condor Anger could be construed. After contemplation it sounds way cooler but I digress.
"If in doubt, paddle out." ___Nat Young
Monday, September 05, 2016
Having a Record Year
![]() |
| Thanks to JewelrybyPam.com for the photo |
It's apparent now that September 2005 was the beginning of the end of the party that raged through the real estate market but we didn't know that at the time. Inflated selling prices held on here for another two years before it became obvious that the party was over.
It's been a long haul and prices are still far below 2005 numbers but, even with our current severely low inventory (less than a quarter that of ten years ago), participation is high and properties are selling. Our inventory of properties for sale is at an all-time low. This morning there are only 222 existing condos and townhomes for sale in Cocoa Beach and Cape Canaveral. We have closed that many in the last 14 weeks. Looking for a direct ocean condo with at least two bedrooms above the ground floor for less than a half million dollars? You have ten available, two of which have compromised ocean views. The more specific the criteria the shorter the list becomes. Single family homes are in equally short supply with only 50 available.
Interesting side-note: A search for a Cocoa Beach real estate agent on Zillow yields 250 results while a search for a Cocoa Beach condo turns up 140. Mention too loudly that you're looking for property at a restaurant or bar here and you'll become the last piece of fried chicken at a crowded table when the lights go out.
We had a total of 72 condo and townhome units sold in Cocoa Beach and Cape Canaveral in 2016 compared to 64 in August 2005. Let's compare selling prices of a few properties in the peak years with the prices they closed for last month.
A 2/2 Portside Villas that sold in 2006 for $174,600 closed last month for $123,500.
A River Gardens 3 BR townhome sold in 2006 for $252,500 and last month for $225,000.
A Windjammer 2/2 sold in 2004 for $424,500 and again last month for $362,500.
A Solana River 3/2 sold for $427,500 in 2005 and last month for $375,000.
A Puerto del Rio that sold for $599,000 in 2004 sold for $433,000 in August.
A Windward Apts 2/1 sold for $190,000 in 2005 and last month for $94,000.
An Aqua Sea 1/1 that sold for $154,000 in 2005 closed for $96,800 in August.
A Banana Bay townhome that sold for $235,000 in 06 closed for $172,500 last month.
I'd like to give a thank you to the listing agent who responded immediately to my message on a Saturday night of a holiday weekend to help arrange a last-minute showing the next day. This goes a long way towards repairing the bad impression left by the many who take days to respond.
We woke up this Labor Day morning to a fresh long-period north swell from the remnants of Hurricane Hermine wandering around south of Nantucket. Waves are expected to build through the next several days. With such a northerly wave source surfers need to hit beaches south of downtown Cocoa Beach to get any size. At the moment the Pier looks to be about knee-high for the contest while south Cocoa Beach was already seeing shoulder-high sets this morning on the lower tide. Get out there if you can. It'll be a goofy-footer's delight with plentiful loooong lefts.
"Squalls out on the gulf stream..." __J. Buffett
Subscribe to:
Posts (Atom)



