The Significance of Horiike vs. Coldwell Banker on Dual Agency

justiceYesterday the California Supreme Court ruled on dual agency.  Dual agency is when a broker represents both the buyer and the seller in the same transaction.

In Horiike vs. Coldwell Banker, the dispute arose from a discrepancy in the listed square footage and the actual square footage.  The seller had represented that the home in Malibu was 15,000 square feet when permits showed it less than 10,000.  Apparently, the garage and basement were included in the seller’s calculation of the total living area, which as a rule is a no-no.  The listing agent, was apparently aware of the possible discrepancy.  The court ruled that because Coldwell Banker was the broker for both agents, the seller’s agent should have disclosed this possibility to the buyer.  The court reiterated that it’s an agent’s duty to “Disclose any material fact to the buyer that affects the value or desirability of the property that are not known to or within the diligent observation of the parties”.  Hello?  This is a requirement not only in dual agency but in every transaction, even when each party has their own representation.  It’s literally in the first document signed by the seller when a listing is taken and again when a buyer makes an offer.  The document, Disclosure Regarding Real Estate Agency Relationship uses the exact wording the court used.  In fact, one would have to assume the court inserted the language directly from the California Association of Realtors document.

In the case before the court, the Association of Realtors argued that because the buyer had their own agent, the listing agent had a “unique” responsibility to the seller having been the listing agent first.  Why would they do this you ask?   realtor_imageThe Association’s supposition was that even though Coldwell Banker had a dual agency, since the listing agent was not representing the buyer, the listing agent should have loyalty and a fiduciary obligation to the seller first.

What makes the Horiike case unique is not this idea that all material facts need be disclosed in dual agency because that is always the case and the agent really should have disclosed the need to verify square footage regardless of agency since he was aware of a possible discrepancy.  What’s significant is that the decision serves as a reminder that while there may be two different licensees (agents) in a dual agency transaction, the fact they are under the same brokerage as was the case in Horiike, means the listing agent must behave the same as if they were representing the buyer themselves.

Let me explain the distinction.  When I represent a buyer and a seller in a transaction, I always make extra sure anything I know or suspect about the property is brought to the attention of the buyer.  And if a seller tells me something in confidence, if I feel my buyer needs to know this fact because it may affect the way they feel about then property, I tell the seller we need to tell the buyer.  But some disclosures aren’t always clear.  For example, earlier this year I had a dual agency and I noticed that the windows in the living room had a weird orange powder or film in between the panes of glass.  The seller said, it had been that way when they bought the home from the previous owner.  I suspected this was a symptom of a problem with the window seal.  So, I made a point of telling my buyer that the windows may have a problem that wasn’t necessarily just cosmetic.  You would think that of course Tim would want to protect the buyer since he was representing both buyer and seller and you’d be right, I watch out for my clients.  But what if I wasn’t representing the buyer and they had their own broker?  Would I have gone to the lengths of disclosure of suspicions if I were not also representing the buyer?  The C.A.R. contract is quite clear, it’s the buyer’s responsibility to investigate.  The seller has a duty to disclose and an agent to observe.  What would I tell the buyer, I saw something that could be something and maybe you want to investigate?  At what point, does that breach my fiduciary responsibility to the seller to represent their best interests?  I mean I’m no window expert and it’s my duty to protect the seller not cause fear in the buyer on speculation on something I have no real knowledge of which could damage the seller I represent.

When I am representing both buyer and seller however, my role shifts to that of facilitator and I tell my sellers this because they may or may not be willing to allow me to shift into that new role.  They may want me to only represent them (contact Tim here if  you want more information about my services). In the past, if a seller wants this, I get my manager or another agent from my team to assist in representing the buyer.  It keeps things neutral.  This however is the crux of the Horiike ruling:  That even if I get another agent from my office or even another office of my broker, my role changes.  I am a dual agent.

Before I continue it’s worth mentioning that the court’s decision in this case was interpreted very narrowly and to the specifics of this case, so what follows is more of a potential interpretation should this ruling be interpreted differently somewhere down the road.

In Horiike, the court ruled that in this case, that the agency relationship specifically for the listing agent changes when the same brokerage is on both sides of the transaction, even though buyer has their own agent representing them.   Thus it could be inferred that the distinction is that the listing agent’s responsibility shifts to that of dual agent when in any transaction with another agent from the same brokerage.  The listing agent must act as if they are representing both the buyer and the seller even though there’s a buyer’s agent.  It’s as if the buyer’s agent doesn’t exist.  It’s a subtle difference but should a future case interpret Horiike in this way, it is a difference with implications potentially huge for the real estate business.

In a world where there are brokerages comprised of hundreds or even thousands of agents, this potentially creates a real conundrum for sellers.  Again I want to caution that the following is not the  interpretation of the judge in this case, rather a hypothetical “what if” should a future case be interpreted far more broadly than Horiike vs. Coldwell Banker was.  In this example, let’s say a seller listing a property decides it’s not such a good idea to list with a large brokerage.  A large brokerage with lots of agents under a broker could mean there’s a greater likelihood that their agent could be forced into a dual agent role, even though there are two agents in the transaction. While this is still a possibility in a small boutique brokerage, clearly  with the larger brokerage, there’s a greater chance a seller loses their agent’s independence.     Moreover, the seller would have to decline an offer if they are not willing to allow dual agency.  And what does that mean for a buyer?  If my agent is with a large brokerage and I want to see a property listed by the same brokerage and it turns out the seller is unwilling to entertain an offer from that brokerage because they don’t want a dual agency, that buyer can’t exactly go to another broker to write the offer over.  This is because the agent originating an offer for a buyer, is the only one entitled to the commission. procuring_cause This is called “Procuring Cause.”  If I’m a buyer, who’s going to write my offer if they won’t be entitled to a commission?  So, the Horiike ruling is potentially not without consequence and could lead to a move towards smaller independent offices and away from the huge Coldwell Banker, Keller Williams and Century 21’s of the world.  Now personally, I don’t believe that dual agency is ominous and in fact I do it a few times in any given year to the benefit of both my buyers and sellers.  That said, I guess this is another good reason for an agent to be with a boutique brokerage, like I am (Learn more about Tim here).

Posted in Dual Agency, Home Buying, Home Selling, Real Estate | Tagged , | Leave a comment

The Trouble With Escrow

When it comes to most anything, it’s safe to say California leads the way.  Mario Salvio and the free speech movement at Cal Berkeley in the early 60’s; the environmental movement of the 1970s began following the Santa Barbara oil spill even medical marijuana in the mid 1990’s.  Regarding innovation, it’s hard to argue that California isn’t the world leader given we are the birthplace of the microchip and all that has followed.  When it comes to real estate, California’s no different.  Her licensing is one of the nation’s most respected and stringent.  In fact, a California Brokers license like I have, is honored in more states than any other without relicensing.  (Learn more about Tim here)  So naturally as a leader in so many ways, you would think we are cutting edge with regards to the method or process we us to transact real estate.  This is evident in our use of escrow.

If you’ve ever bought or sold a piece of real estate in California, you know we don’t use mortgages rather, a deed of trust (a cutting edge benefit to the lender) and we don’t use an attorney to close. California is an escrow state.  This means that there is a neutral 3rd party at the center of a real estate transaction (Picture Rich Uncle Pennybags from the Monopoly game with a bag of cash in one hand, keys to the property in the other, crossing his arms and handing the keys or the money to the buyer and seller).  hand-with-money-compressedThis is fundamentally what escrow does.  Unlike many states where closing is done at a table with lawyers, buyers and seller sitting across from one another, California relies on an escrow service to conduct and facilitate the transaction.  Escrow generally runs smoothly so most people don’t give it much thought, but that doesn’t mean it isn’t rife with potential problems.

Let’s start with the question: What is escrow in the first place?  Escrow is at the center of the process, essentially the hub of the real estate transaction wheel.  Once a contract has been negotiated the broker(s) send the paperwork to escrow.  The escrow company, as dictated per the terms of the agreement, receives the contract, assigns an escrow number and “opens escrow.”  Escrow then sends instructions to the parties restating the terms agreed to in the contract: Price, timelines, closing date, earnest money to be deposited, financing terms if any and commissions.

Escrow will order the Natural Hazard Disclosure Report, any homeowners association documents and the preliminary title report.  Eventually they will coordinate the preparation of an estimated closing statement for the lender and at the end arrange the signing of loan documents with a notary public.  Escrow then notifies the title company who sets up and records the deed.  Upon confirmation of the recording of the deed at the county recorder’s office, title sends the money back to escrow where they tally the final figures, payoff any liens and distribute the proceeds to the appropriate parties.  There is no “meet at the closing table” and there are no lawyers involved.  It’s very efficient as compared to the “old way of doing things” as it is done in many Eastern and Midwestern states.  California once again is leading the drive towards a better way of doing things.  Alas however, there are some flaws.

I recently completed a rather persnickety transaction that exemplified some of the problems with the escrow system.  First is the issue of the property condition and possession.  As we neared closing a final verification of property condition or walk through, was performed.  (Search for your dream home here) This is designed to ensure the home is in substantially the same condition at closing as it was when purchased.  But as it turned out, the seller left personal belongings behind so the house really wasn’t fully empty at closing.  Yikes!  Problem 1: How does a buyer know if the seller isn’t required to be out prior to closing, that the seller has everything out or is even out at all?  Answer: They don’t.  Unlike sitting at a closing table where the seller has moved and the home is ready for turnover and keys are exchanged for cash, with the escrow system the buyers have no know way of knowing if the seller is actually out.

The second problem is the property condition.  With the walk through taking place in the days leading up to closing and with the seller still in the home, you can’t really see everything.  I once had a walk through where the home looked fine, but once we closed and the seller moved out we found a large potted tree had leaked water on the wood floor and underneath was ruined.  What then?  Fortunately, the seller was still in town, recognized the issue and agreed to pay the buyer to have the floors refinished.  But what if they would have already left?  How would the buyer collect?

The third issue is regarding possession.  With escrow the buyer’s loan funds, the down payment is in and everyone is ready for the close but the seller doesn’t actually have the money, it’s still with escrow.  It’s not until after the close that escrow sends the money to the seller.  Let’s say it’s the end of the month and the recorder’s office is backed up, not at all uncommon.  The recording eventually happens but not until after the escrow’s wire cutoff through the Federal Reserve Bank.  freserve3Huh?  That’s right, wired funds must pass through the Federal Reserve and they close around 2 pm Pacific.  So the deed is recorded and the buyer is the legal owner and ready to take possession of their new property, but the money hasn’t been deposited into the seller’s account yet.  This just happened to me and making matters worse, it was the last day of the month which also happened to be a Friday.  So not only did the buyer get the property before the seller received their proceeds funds, the seller had to wait until the following Monday to get their money!  And lest you think this rarely happens you’d be mistaken, it happens quite often.  Unlike a closing table where the keys are exchanged for the money, escrow always and by definition has to set up the recording and then record the transfer all before seller gets their money.   In the transaction I just closed, the seller was livid that the buyer was going to have the keys before they had their money and wanted me to hold the keys and not give them to the buyer, even though the property had recorded and the buyer officially owned it!  Thankfully in that example, escrow was able to rush the file through and beat the wire cutoff with just minutes to spare.  That didn’t stop the seller from giving me an earful however.

So it goes that California’s use of escrow may in fact be the most efficient method of exchanging real estate for money, it is not without a certain amount trust that everything will work out right and everyone will do and perform as they should.  Something that traditional closing easily avoids.

Posted in Real Estate | Leave a comment

Real Estate In The Conejo Valley August 2016, What’s Happening

Every August my wife reminds me it’s August. Usually by saying something like, “It’s August, don’t freak out.” Or “Don’t freak out, it’s August.” In general, whatever she says usually contains don’t freak out and August. She knows after 26 years in this crazy business, that it’s always slow in August. She has to remind me because it always seems to catch me by surprise. You’d think that I’d have figured it out by now, but truth is, it always freaks me out. 2016 has by every measure, been an outstanding year for real estate. Total unit sales are up. Prices are up. Rates are down and inventory while still tight, is a little better. Employment is up and incomes are even rising a little. If this were the Goldilocks story, you’d say the porridge is piping hot and just right! (Search available homes here).

691 Via Vista Web-1

Great Family Home in Dos Vientos Ranch

Yet I find myself wondering if this August is different than the rest. Is this seasonal slowdown a signal that the market is ready to shift and should I be bracing myself for a market correction?

So let’s look at the market here this August, in the Conejo Valley.  First let’s talk about August itself and why my wife always reminds me it’s August. See the thing about real estate is that there are seasonal tendencies or patterns that emerge. For example, the Super Bowl is more than just the end of football season, it’s the kick off for the Southern California real estate season too. Most consumers think that summer is the best time to list their home to sell. Fact is, I like to list just before Super Bowl to get a jump on the market. My best months, year in and year out are February through May. Spring is our area’s strongest market. You see by mid May life starts interfering with real estate. Mother’s Day, Memorial Day; Father’s Day and graduation and before you know it it’s 4th of July. It should be noted that there are structural changes impacting the market, at least there are here anyway.

It used to be that school started either immediately before or after Labor Day. But now some districts are staring as early as the first week of August. This kills the month of July because now instead of August being the final vacation month and the school supply buying month, it’s starting in July. This has conspired to make July almost as slow as August.

North Ranch Home Listed at $990,000

Since spring is the best market, sellers usually get their price and spring buyers find some of the best properties come up for sale. As I mentioned, inventory has been creeping up. We started the year right around 500 units for sale. Currently we are around 600. Up, but not more than we should expect for this time of year really. In fact, we have almost exactly the same number of units available as we did last year this month. But does that explain the general malaise I’m seeing in our market?

1700 Royal St George Dr-large-014-31-1380732-1500x1000-72dpi

Ben Johnson Fairway Home – Perfect for Entertaining Guests

2016 is also an election year and if you haven’t noticed, it’s a bit unusual and it’s the news. If it’s an election year, it’s also a Summer Olympic year. All this conspires to make August 2016 even slower than usual. The question then is, is it a good time or a bad time to buy or sell? The answer is, I’s always a good time to buy or sell real estate. There is never a time when there aren’t excellent opportunities to buy real estate, but you do need the right agent in your corner helping you along the way. (Contact Tim Here).
So what’s the market like? It’s good in some areas, great in others. Remember, real estate is a local and some argue, hyper-local business and it’s also a seasonal business. Home with pools sell best in summer. OK, I know what you’re thinking, “Spoken like a true Realtor,” right? Yes, but seriously, it is always a good time. Let’s start with the buyer part of the equation. If the market is slow, what are sellers going to have to do to move their home? That’s right, be more willing to negotiate. Thus a buyer can get a better buy than just a few months earlier.

For the seller though, yes you might have to be more flexible on price, but what happens after you sell? You likely go and buy something to replace your sold home with. And that means you’re also buying when the seller needs to be more flexible. Plus, when prices are up like they’ve been, you are cashing out and taking some profits off the table. Trying to time the market, any market, is not only impossible, it’s wrong. Trying to time the market almost always leads to missing out on great opportunities.

1767 Amarelle St Thousand Oaks-large-001-33-MG 8003-1500x1000-72dpi

New Listing in Rancho Conejo

I currently have a home with owned solar (no electric bill) and don’t think for a minute that isn’t a popular amenity when we’re running the air conditioning every day (for all listings visit So the market is good. It’s August. School just started for our largest local district today. Labor Day is just around the corner and then it’s onto September, which is traditionally a very good month in real estate. So you think you might want to buy before September? Maybe so and have I got the home for you!


Posted in Real Estate, Thousand Oaks | Tagged , , | Leave a comment

April 2016 Case Shiller And What It Means Looking Forward

April 2016 Case Shiller And What It Means Looking Forward

Yesterday morning Case-Shiller reported an average 5% gain in home prices across the country.  Portland, Seattle and Denver lead the nation with gains year over year in the 10% range.  Many of the 20 Cities used in by Case-Shiller, report at or above bubble peaks. house_bubble_new By any measure this is good news for homeowners and while growing more expensive, hopeful news for home buyers.  The question on everyone’s minds of course is, can it continue?

I hear talk amongst my fellow Realtors that they are concerned that values are too high.  Are we in another bubble they ask?  Obviously all anyone can do is guess, but some have more empirical data to guess than others.  Case-Shiller bases their calculation on data from the 20 largest metropolitan statistical areas or MSA.  This is a large swath of data and why so many watchers of real estate look so closely at it.  Myself, I only have data on my little corner of the world, the Conejo Valley and the real estate along the Ventura/Los Angeles County line (search available inventory here).   Thus my opinion reflects the unique idiosyncrasies therein.

The area I work has prices starting in the mid $200’s (a few condos) and venturing into the occasional 8 figure property.

5520 Wembly Web-11

5520 Wembly Drive  Oak Park, CA

When I run my numbers which I do monthly, I focus on the supply side.  I look not at the prices but the inventory and the percent change month over month.  Since in a normal year I list about 7 homes of every 10 I sell, supply is very important to me.  Supply also is a great indicator on the direction of any market.   In part because I’ve been tracking so long, I know for example that in fall of 2008 there were just over 1,300 homes on the market in my little valley and that 10.5% of the available homes were under contract.  Last month available inventory stood at mid 500 units for sale and over 40% over the available homes were under contract.  This is a picture of a healthy albeit tight market.  By tight I mean not a lot of homes on the market.  In fact, if we had more homes under $750, the % of homes under contract I predict, would be higher because this is the most popular price range here.

To the question of a bubble, Case-Shiller makes no such suggestion.  Rather, they speak to the low interest rates environment, consumer confidence on the overall economy, low unemployment and of course, the shortage of available housing.  My personal belief is that to have a bubble you have to have some type of artificial demand booster.  Preceding the Great Recession, mortgages were easy to obtain with many buyers, particularly right before the crash, able to obtain a mortgage with little or no income, down or credit.  Not exactly a solid foundation.  In the late 1980’s, prior to that bubble burst, lots of money was coming in from Japan.  Stories of Japanese investors showing up to model home complexes with a brief case filled with a couple hundred thousand dollars, are the stuff of legend.  Some might point to the declining number of Chinese buyers as something to watch.  I would imagine that Chinese money which has had little or no real impact on my market, would be of importance in cities like San Marino and Montebello where the Chinese population is significant.  The strength of the dollar has slowed European and Russian money coming over and buying prize properties in New York, Miami, Beverly Hills and the like.  Most of my colleagues from the Westside of Los Angeles report slowness in the trophy property market; the $10M+ range.  My area has not experienced much of this kind of money so the impact has been minimal.

832 Via Sedona Web-33

Check out the best in California Lifestyle right here in the Conejo Valley!

Moreover, if I were to hazard a guess, I would suggest that the majority of cities across the country have had little or no impact by foreign investors.

So back to the question of a bubble, the absence of artificial stimulus like easy money or foreign capital suggest the key component of bubble making is missing.  This leaves me to conclude we are not in a bubble.  Moreover, as Case-Shiller suggests, it is the economy and the availability of low interest rates that is driving this market, that and very low inventory.  So what should we be watching for then as an indicator of what is yet to come?  Clearly the strength of the economy is now and always will be the bell weather of the real estate market.  When the economy falls into recession, housing should and will follow.  This is healthy.  What isn’t healthy is when the real estate market is the leader in the declining economy like it was in the two previous housing bubbles.  The thing I can’t stop looking at is the simple demographics of our population.  The population isn’t getting smaller.  Homebuilders are still not building enough housing and certainly not enough apartments and lower price point homes.  Heck, in areas like Coastal California and Ventura County in particular, (contact Tim here) slow growth ballot initiatives look to continue forever a slow-to-no development environment.  The NIMBY (Not In My Back Yard) mentality keeps builders from building only furthering limited supply.  Real Estate Investment Trusts (REIT’s) are holding huge numbers of homes off the potential “for sale” market by permanently or near permanently, converting their massive inventory into rental properties, further constricting supply.  Baby boomers just now 70, are not selling in mass and by and large, are staying put.  Another reason of constrained supply.  And lastly, the Millennials are only now starting household formation and will be looking at buying homes, fueling the demand side of the housing equation for the next 15+ years, all the while in a tight inventory environment.  Will Brexit bring down the US economy?  Unlikely.  If anything, it will only strengthen the dollar and the 10 year US Treasury which is the driving force behind mortgage rates.  Strong US bonds mean low rates of return and this means even lower mortgage rates. So for as long as our economy continues to expand and unemployment remains static or declining, we should be in for a continuing climb upwards on home pricing.  This is good news for would be sellers and encouraging news for would be homeowners in that the future is bright and home price appreciation, far from over.

Posted in Real Estate | Leave a comment

Relocating To Thousand Oaks And The Conejo Valley: What You Need To Know


The first thing you need to know about relocating to the Conejo is that it’s pronounced Koh-nay-hoe not Cone-Joe.  Conejo means rabbit in Spanish.  The Conejo Valley is one of the most beautiful places on earth and arguably the most special in Southern California.  The weather is near perfect.  The schools incredible.


For more school info click here

You can go for a breathtaking hike with ardent hikers or your 5 year old one minute and then at the beach the next.  We are located midway between Downtown Los Angeles (think Lakers, Kings, Clippers, world class museums and Broadway theater) and Santa Barbara (think romance, wine tasting, art walks and shopping).  Both are 45 minutes without traffic so allow for 1.5 hours as a rule, this is greater LA after all.  We have a regional trauma center and hospital and a fashionable indoor-outdoor mall with Nordstrom’s.  You’ll find employers like biotech giant Amgen, food giant Dole, music giant Guitar Center, insurance giant Anthem, the newly relocated LA Rams and the list goes on and on.  Home to nearly 200,000 people (about 400,000 when you factor in neighboring Calabasas, Camarillo, Moorpark and Simi Valley) it’s a fantastic place to live, to grow old in or to raise a family.

Thousand Oaks, the area’s largest city, has more than a thousand oak trees.  They’re beautiful and grand.  Should you find one on the property you like, be advised that you can’t cut it down.  You can’t even trim a branch if it is larger than 4 inches in diameter.  Suffice it to say the fines for damaging or removing an oak tree in Thousand Oaks are hefty.  We do love our oak trees and they are protected.  We also love our open space and the Conejo Valley is completely ringed by protected regional, state and national park land including the majestic Mt. Boney, the last mountain in the Santa Monica Mountain range.  It makes for spectacular outdoor scenery and activities but it also means you won’t find many new homes being built.

balcony view of Boney.jpg

Mt. Boney

The Conejo Valley rests atop the Los Angeles and Ventura County lines.  For example, Westlake Village which is home to our most expensive real estate, was incorporated in 1981.  However, Westlake Village makes up only half of what we consider Westlake.  This is because a California city cannot be in two counties.  Thus, when Westlake Village

westlakesign resized

Westlake Village

became incorporated only the LA County side was allowed to do so.  The Ventura County side was absorbed into the city of Thousand Oaks.  The zip codes for Westlake south of the 101 Freeway are 91361 for both counties.  The address used is Westlake Village.  Go north of the freeway and it’s 91362 and called Westlake Village for both counties as well.  More significantly, the school districts are entirely different.  If you want your kids to go to Westlake High School (Conejo Valley Unified School District) you must live on the Ventura County side.  The LA side goes to Agoura High (Las Virgenes Unified School District.)

In 1982 Agoura (pronounced Uh-goor-uh) incorporated into Agoura Hills, leaving behind a swath of homes over the Ventura County border in unincorporated Ventura County.  This area originally known as Agoura now bears the name of Oak Park.  Oak Park has its own zip code: 91377, its own government and most importantly its own Blue Ribbon school district (Oak Park Unified School District.)  Unlike Westlake, Oak Park successfully resisted incorporation into the city of Thousand Oaks.  When you ask someone about Oak Park the first thing they mention are the schools.  Since most of the schools throughout the Conejo Valley have Great School rankings of 9 out of 10 or better, the fact that Oak Park is known for schools means something special is going on there.

To recap the craziness of the various municipalities and the County Line, we’ve got two Agouras, two Westlakes and three schools districts.  There are unincorporated areas as well as 3 sub-cities in Thousand Oaks: T.O. proper, the aforementioned Westlake (part of T.O.) and to the south west, Newbury Park.  Temperatures by the way vary from Agoura Hills to the Newbury Park by as much as 15 degrees on a hot summer’s day.  Newbury Park is cooler since it’s closer to the ocean.  Nothing demonstrates this unique nature of our boundaries better than Westlake Island (and yes there actually is a lake in Westlake).  The entrance to the gated island is by way of a street named La Venta.  This is derived from LA/Ventura because the road is literally the county line.  In fact, “The Island” is smack dab in the middle of the lake (Search for Westlake homes here) and is literally divided in half.  Half on the Ventura side, half the LA side.  The Conejo is also home to three other lakes.  Two that you’ve likely not heard of are Lake Lindero and Malibou Lake.  Malibou Lake (yes like caribou) was a cabin-on-a-lake getaway for Hollywood Celebrities as early as the 1930’s.

Agoura Malibou lake above

Malibou Lake

I can picture some famous Hollywood actor bouncing across the San Fernando Valley on a then two lane Ventura Blvd., up and over the Calabasas grade then left into the canyons, finally pulling up to a cabin nestled above Malibou Lake in the foothills of the Santa Monica Mountains.  Homes with lake rights are actually part of a co-op called The Malibou Lake Mountain Club and offer a truly unique lifestyle in the mountains while only being 7 minutes to Agoura and the 101 freeway.  The lake many people may have heard of is Lake Sherwood.  Built around the sensational Jack Nicholas designed PGA quality golf course, this community of mostly single family homes starts in the $2M’s with town homes in the $1M range.  The Sherwood Country Club has hosted the Tiger Woods Open


Lake Sherwood Golf Course

and Greg Norman’s Shark Shootout golf tournaments and boasts the only tennis club that features all 3 court surfaces.  Lake Sherwood was named after Sherwood Forest because Errol Flynn’s 1938 classic film Robin Hood was partially filmed there.  Lake Sherwood is unincorporated Ventura County and like it’s even more expensive horse ranch neighbor Hidden Valley, has no municipal government.  Resident children attend the Westlake schools on the Ventura County side.  In addition to our amazing public schools, the Conejo has a multitude of private schools including La Reina Catholic Girls High School and Oaks Christian which spans all ages and has had their share of famous name alumni/alumni parents, plus a bunch of other parochial and non-parochial including the esteemed Carden School.

Another curiosity for most first time visitors here is that the Pacific Ocean is both to the west and the south.  We are located on the odd part of the California coast line where the state bends so that the ocean is on two sides.  Not a big deal but this tends to throw off your sense direction since the 101 freeway runs north-south from San Francisco to Los Angeles except the portion from Ventura to the San Fernando Valley, where it runs east-west.

As for housing… that’s my expertise.  In spring 2016, the least expensive single family home was in the $500K’s.  Prices range to 8 figures when you include Sherwood, Hidden Valley and a handful of homes near the North Ranch Country Club in Westlake.  The median is somewhere in the mid to upper $700K’s.  You can also find town homes and senior housing where prices are under those marks and even into the $200K’s.  Neighboring Calabasas is generally comprised of pretty high end, gated neighborhoods while Simi Valley, Moorpark and Camarillo (pronounced Kamm-a-ree-oh) offer a greater variety.  If you ask residents in each of those adjacent cities, they will tell you all the reasons they actually prefer their town to Thousand Oaks, Westlake or Agoura.  In Moorpark for example, when the little league season opens, the entire town shows up for the parade.  Moorpark also is home to Moorpark College part of the Ventura Community College system and a natural feeder into UC Santa Barbara, my alma mater.  Drive down the major streets of Simi or Moorpark and you’ll see banners heralding local young men and women who are serving in our military.  Heck, Simi Valley is home to the Ronald Reagan library.


Ronald Reagan Libary

Camarillo will tell you that at sea level you don’t need air conditioning and that it’s home to the Camarillo Airport, the outlet mall and Cal State University Channel Islands with its newly created school of engineering.  Located on what was once the California State Mental Hospital, the buildings of CSUCI also claim to be the inspiration of the Charlie “Bird” Parker song, Relaxing In Camarillo.  Being a professional musician and Arista recording artist in life BRE (Before Real Estate) I love that trivial fact…  Other nearby major universities include California Lutheran (also known as CLU or locally referred to as Cal Lu) the off season training grounds of the Los Angeles Rams and Pepperdine University in Malibu.  Yes, Malibu and everything it offers, is just 13 minutes from the Conejo Valley via Agoura Hills or Calabasas.

Moving to a new area can be a big life-change, but the Conejo Valley is one place that it shouldn’t be.  The Civic Arts Plaza

Civic Arts and Gardens shots 025

Civic Arts Plaza


offers great entertainment, touring shows etc., CVUSD has wonderful programs for kids in the autism spectrum, Moorpark has great horseback riding; baseball and soccer reign supreme in all the towns and I believe virtually every religion offers multiple places to worship.  We even boast a Mosque in Newbury Park, copper dome and all.  The canyon roads are popular for motorcycle and sports car enthusiasts as well as cyclists including a portion of The Amgen Tour of California, not to mention vintage watering holes like The Old Place and The Rock Store.  So if you’re moving to this area, consider yourself blessed to have such a wonderful place to call home.



The old timers still use 1000 Oaks, Ca on their return envelopes (thinking about buying or leasing?  Visit  here) and will proudly refer to our Valley as God’s Country, because it really is that beautiful.  There’s a lot to talk about if you are relocating to Southern California.  As a native Californian, California real estate broker, Certified Residential and Corporate Mobility Specialist, I’d like to help with your relocation (contact Tim here).  Whether you’re looking for a luxury estate property or a more modest family home or condominium, let me welcome you to your new home right here along The County Line.


Posted in Amgen, Corporations, County Line, Foe Sale By Owner, For Sale By Owner, Home Buying, Home Selling, Real Estate, Safest Cities, Thousand Oaks, Tim Freund | 2 Comments

Should I Buy The Most Expensive Home In The Neighborhood?


There’s an old adage in real estate: Never buy the most expensive home in the neighborhood.  But what happens when you want to?  What happens when the best home in the neighborhood really is the best home and you want it?

3880 Prado Del Trigo named pic 033

Obviously the idea behind the adage is that if you buy the least expensive home in the neighborhood, your property value and capital appreciation would be “pulled” up with the neighborhood as a whole and thus the gains you’ll experience will be greater than more expensive properties.  I’ve seen this and it is undoubtedly true.  But so what?  If the only goal of home ownership is capital appreciation, then sure, it makes sense, but home ownership is so much more than that.

I have always taken the position that I want to try and buy the best of something that I can afford because by buying the best, I’ll never have regrets.  Now some might call this wasteful or missing the big picture.  I however take the position that the difference in money between something outstanding and something good, is seldom large enough to warrant the trade-off.  For example, a few years ago I listed and sold a home that the largest lot and the best view.  The home had a pool which most lots in this neighborhood couldn’t handle; it sat atop the hill with views as far as the eye could see, with snow capped mountains in the distance every winter.  honey creek rearWhen I met with prospective buyers I would tell them, this is the best and only one person can own the best.  Many would be buyers hemmed and hawed.  “Sell it for money like the comps down the street,” they would say.  I explained that quality costs and only one can own the best.  Believe it or not, I’ve I actually sold this home three times.  When it was new I told friends of mine, it was the best and they went for it.  They put it tons of upgrades and spared no expense.  The second owners paid a substantial premium for that home at a time when no one was buying anything.  The third owners did the same and in each case they gladly paid the premium and I know for a fact that if you ask any of them they would tell you, it was worth every penny.  The old sales master Zig Ziglar used to say, “It’s better to apologize for the price once, than the quality forever.” As many of you who follow my writings and visit my


Visit me on Facebook

Facebook Business page know, I just finished a substantial remodel of my home.  It was Hell, but the end result is gorgeous.  I probably spent 15% more than I needed to get all the details and amenities I wanted.  Let’s face it, being in the home-selling business I see lots of cool features.  I can tell you unequivocally that people will always pay when a home has been done up correctly and the design vision of home complete.  Take for example a mid century modern home.  When an owner of an Eichler for example, has decorated in the Atomic Ranch 2396 Hood Dr. Wideor Googie furniture, Eames etc. style, the house looks incredible and people jump at it, fighting over it even.  Same is true for any architectural style.   I recently saw a Craftsman style applied to a basic tract house single story.  The owner had sandblasted the eaves and painted them brown.  The siding and stucco were an olive color, the windows had been done in with the red clad on the outside, wood on the inside, a very expensive window, yet the package was so convincing that you’d think it was a Greene and Greene in Pasadena somewhere.  The seller wanted a 30% premium.  A side bar on that home: It didn’t sell for the premium the owners wanted, but not because there weren’t takers, but because the owners found that they could make a small fortune renting it on AirBnB  because the style was so cool.  This is a new and unique time we find ourselves in isn’t it?

The point I’m trying to get across is that in every neighborhood, in every city, someone bought the most expensive home just as someone bought the least expensive.  Someone will always be willing to pay the premium.  Do you get every penny out if you do buy the most expensive or make yours the most expensive?  Not always for sure, but that doesn’t mean it wasn’t worth every penny you spend.  Remember a home isn’t just an investment, it’s your sanctuary; the place you raise your children and create the memories that last a lifetime (Search available inventory here).

I have a philosophy on money and savings and it’s this: We have to plan for the future and  live for today and we won’t know if we got it right until it’s too late.  Thus I try not to be too hard on myself when I want something a little extravagant so long as I can afford it.  On that note, I have to run.  I have two clients buying the most expensive homes, on the biggest lots with the most incredible views, in a new home neighborhood this morning and I’m so excited for them, I can barely contain my enthusiasm.  Someone will always buy the best and I’m thrilled to have it be my clients.


Posted in Home Buying, Home Selling, Real Estate | Leave a comment

Tight Inventory: Continued Multiple Offers Or Housing Bubble?

620 Kingwood Web-18There is probably nothing so disheartening in the real estate world as writing an offer only to find you are not alone.  With Coastal California inventory still so tight especially in the “more affordable price range” of under $1 Million, multiple offers are back and in full force.  It’s not like they really went away exactly, great properties priced right often have multiple offers.  What makes the current situation so difficult is that it’s no longer just the great properties, it’s also the pretty great properties.  In fact, it’s even the pretty good ones so long as they are priced right.  It appears that there just aren’t enough good, well priced properties to satisfy the demand.  This begs the question, are we in another bubble? In summer 2006 I was at a BBQ in Palos Verdes and a friend’s friend was telling me how he’d been buying distressed properties in the Inland Empire at a discount and renting them but that he and his partners had begun liquidating because the market was over heated and the bubble was going to burst.  I smiled and explained that there just weren’t enough homes to meet the demand and that I couldn’t see that we were in a bubble at all.  I had actually thought the bubble was going to burst in 2004 and when it didn’t, I was “all in” to borrow a poker term.

What I didn’t understand at the time, was the reason the demand was so high was that loans were being made to people who weren’t qualified.  If people actually had to qualify, demand would be much lower.  In fact, demand was so high and loans were so easy that at the peak of the bubble home ownership nationally stood at over 69%, the highest level on record.  So what about today, is today different?

Of course every real estate cycle shares certain common elements, that mainly being supply and demand. supply_demandv2It may look different but it’s always about supply and demand.  In the late 1980’s heated demand was fueled by money pouring in from Japan.  Mid 2000’s it was easy financing.  Today you could argue historically low interest rates are the driving force and the absence of inflation makes investing in real estate more attractive than the equity markets.  (Questions?  Ask Tim) I might be willing to accept this if it weren’t for the obscenely high rents and the continued difficulty in obtaining a mortgage.  Rents are so high in greater Los Angeles in fact, that the average Southern Californian renter is spending roughly 50% of their income on housing.  That’s highest in the nation.  Clearly this must be unsustainable.  Yet what is the alternative?  City close is where the jobs are.  Sure, people will move out farther and commute, but that has a cost in time, productivity and money so many will choose high rent as the willing sacrifice.  Owning is unquestionably the better scenario when compared to renting.  While this isn’t always the case, at current rent levels, it surely is.

Consider for a moment a 3 bedroom apartment in suburban Thousand Oaks for example, where there’s decent employment, great schools and commuting distance to the major metropolitan centers, doable.  You get a 3+2 with lovely wall to wall carpet, vinyl in the kitchen, not the nook by the way, white walls, fiberglass insert showers, Formica counters and no garage for $2,350 a month.  Whaaaat!!!???  You think I’m kidding don’t you?  I’m not.  Oh and it was built in the mid 1970’s with single pane windows.  That is somewhere roughly equivalent to a $400,000 house payment.  Owning really is cheaper than rent.  So when everyone goes out to buy, that will create vacancies and rents will come down accordingly right?  In theory that might be possible but the reality is not everyone has the down payment, credit or income to afford a $400,000 home.  So rents are high and likely to stay that way and that means continued attractiveness for home ownership from those who can.

Then there’s the demographics and specifically I’m referring to the aging Baby Boomers and the Millennials.  BB_46-64The Boomers were the largest population group in American history (1946-1964).  They are just now hitting 70 and have begun the very slow migration out of large homes and into one story’s and then assisted care etc.  But as we live longer, Boomers too stay in their homes longer, many choosing to bring hospice in rather than move to some facility somewhere.  This means that while they may be in the process of selling they are doing it slowly and then buying so the net change is really zero in terms of % change in home ownership.  Simultaneously the long awaited arrival of the Millennials is finally upon us.  Millenials (1982-2004) are actually a larger generation than the Baby Boomers, something economists and demographers never imagined possible two decades ago.  For Millennials, housing formation has just begun, albeit later than any generation previously and this is creating new pressure on the lower end inventory, first time buyers and midsized homes in the “more affordable” sub $1M mark (Search available inventory here).  So tell me, which of those two generational examples suggest demand is going to wane anytime soon?  Try neither.  Add to this the lack of construction from 2008-2012 during the Great Recession and the rise in population through immigration and birth rate and guess what?  Lots of pressure on available inventory.

Then there’s the challenge of getting a loan.  Not that it’s like it was in the Housing crisis, it’s not impossible today, but you have to be qualified.  No ifs, ands or buts.  In fact, the percentage of home ownership today in contrast with the 69% of 2006, is below 64%, the lowest on record.  This is why we are not in a bubble.  If we are feeling a shortage of supply and home ownership is at record lows, there really isn’t enough housing.  Not enough close-in homes, not enough condos, not enough apartments.  Sure there are areas like Detroit where there’s lots of vacancies and no jobs, but go to any urban center where there are jobs and you’ll find the same scenario over and over: inventory is tight.  This is not to say that the cycle of boom to bust isn’t going to happen ever again, it always does to some degree when the economy slows and people lose jobs.  But I don’t see a scenario where supply exceeds demand for at least 15 years.  Not until the Boomers really do make their way towards assisted living and even then it will take another 15 years to work through that.  That’s 30 years folks.  Until then, expect tight supply and the trend of multiple offers to be the norm.



Posted in Economics, Real Estate, The Beatles | Leave a comment