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Roxy Van Bockel, RS

LEASEHOLD! What's That???

Leasehold property can attract attention for buyers on the MLS and usually because of the PRICE. Perhaps the photos show a home set in a beautiful tropical orchard or an oceanfront condomium priced much more competitively than other similar properties. Fee Simple is probably how you are accustomed to purchasing a residence where you own the stucture and the property underneath the structure. In leasehold purchases, the buyer is purchasing a contract for leasing the land from the owner for a certain number of years. Typically there are set points at which the rate will be renegotiated. The length of time left on the lease can affect financing. On the mainland many leases are timber, mineral or grazing leases from the state or federal government. In Hawai'i County, our MLS leasehold listings are largely agricultural land with or without a residence. The Kona Coffee Belt on the Big Island of Hawai'i is an excellent example of agricultural use of leasehold properties and offers a lifestyle that is loved by many residents. Hawaii leases usually are obtained from large trusts such as King Kamehameha, Bishop Estates or Greenwell. There are also other smaller leasehold options, many that are very prevalent in commerical businesses around the island such as downtown Kailua Kona. In addition certain condominium projects are leasehold. The listings on MLS leaseholds varies on what is actually being purchased. Usually you are purchasing the business, farming operation or residence for the amount listed. You are then obligated to accept the previous owners terms of lease and pay a leasehold rent to the owner of the land under the business or residence for whatever time is left on the lease. This would be additional to the HOA fees. Whether Fee Simple or Leasehold works best for YOU varies greatly upon your intent of use and/or comfort level of risk. Like the majority of real estate decisions..there isn't a definitive right or wrong type of purchase. The final decision should be based on your evaluation of the pros and cons involved in leasehold property

Kailua Kona Shows Improvement in July Market Sales

An improved number of residential units selling in North Kona is a welcoming side to a market that has shown months of decreased numbers over the prior year month after month for nearly three years. The bottom of the pit was in January with a 65% decrease in unit sales over January of 2008. In July the number of sales increased by slightly over 92% from 2008. This 7 month small but steady improvement in numbers should be a wake up call to buyers who have been debating about whether the market is shifting or not. The short answer is....YES it is beginning to shift, but like turning an 18 wheeler which has been on a no brake price slide down the mountain, it is going to take a while to turn the rig around to show improvement in prices. There is still a very large inventory of properties on the market with foreclosures and short sales still popping up on a regular basis. Until these properties quit coming on the market in big bulk numbers it will continue to be a choice market for the discerning buyer. However, the up to $8,000 home credit for some home buyers, good mortgage rates and the best prices for tropical Hawai'i purchases overall since 2004 combines to make it an appealing buyer's market for many local and 2nd home buyers. As of today on the North Kona MLS listings there are 409 Active Residential properties.

Roxy's Top 5 Hints on Buying Foreclosures in Hawaii

Foreclosures have increased in the state of Hawaii with the Big Island having more than it's fair share. According to Pacific Business News, Hawaii now ranks 15th in the nation. In April 2008, Hawai'i ranked 48th. However, the number of properties going into contract is dramatically increasing with multiple offers even being brought in on choice real estate during the past few months. The Big Island market is without question, picking up a bit in numbers being sold for the past 3 months. The best silver lining in this cloudy real estate market, is that many homebuyers who were priced out of the market in 2005 and 2006 are now able to purchase a home. However, it is still a tough road for many people who are struggling to hold their homes. I think we are finally beginning to see a light at the end of the tunnel (and it isn't another freight with bad news).

I am an agent with Century 21 All Islands in Kailua-Kona Hawaii who probably carries the largest inventory of REO properties on the island. Here are the Top 5 items I think buyers should consider when purchasing a foreclosure property after spending time in the trenches.

1) More than likely there will be NO seller disclosure on the properties. This translates into the BUYERS need to practice extra diligence in doing their inspections during the inspection period allowed which may be shorter than they would like. The listing agent is probably not a licensed building inspector or contractor and probably doesn't know the properties history. The buyer's agent probably won't either. This means the buyer needs to hire ALL the inspectors necessary and check out the county's history of the property.

2) Although the banks will initially request a relatively quick closing, be prepared for delays once escrow is opened. The transfer of title frequently has issues due to a variety of factors and the more properties going into foreclosures means that the more often a step is missed. The bank who foreclosed and recorded title may now be under another name. They may not have followed all the state requirements in recording the title. Generally these can be worked out but expect it to take time as everything in a REO has to go through a SERIES of departments and frequently gets delayed in the process. Even doing a preliminary title search during the pre listing period will not necessarily pop these issues.

3) Be prepared to pay for items you may have come to expect the seller to provide such as HOA documents or surveys. I personally believe that a survey is to the buyer's benefit and is well worth the money. $2000 is a small amount compared to a half million dollar house that you later discover encroaches on it's own boundaries. The worst case scenario is discovering it sits on someone else's property. In short, don't quibble over items that are in your best interests to have done.

4) The properties are being sold AS IS. This means you do the inspection and then it will be extremely unlikely the bank will pay for any of the items which come up. Termite inspections are well worth the buyer hiring a reputable company to perform Check out your contract and see if the Bank/Lender has inserted that they will do treatment if termites are discovered. Your agent may wish to insert that into the purchase agreement. The bank/lender however will probably not replace any damaged items.

5) Please look at traditional seller properties as well. The savvy seller now realizes that their property need to be in top notch condition to compete with foreclosures and short sales. Frequently this means a lower BOTTOM LINE than the foreclosed property will be after the buyer takes ownership and makes the repairs. Remember TIME is the most valuable commodity in the world and your time and stress involved in bringing these properties up to good condition should also be considered when you consider the cost

Feel free to comment or call me with any further questions.