Has your home’s value decreased? Buy a more expensive one!

trading-upIf your home has decreased in value and you are thinking about selling it, it’s hard to see any silver lining. However, if you have other resources and have been thinking about buying a larger home, this is, surprisingly, the best time to “trade up.”

Here’s why…

I recommend that homeowners consider home ownership a long term investment in the residential real estate market. Most people plan to “stay invested,” buying and selling several homes in their lifetimes, or stay in the same home for decades. Most people enter the residential market when they first buy a home. They leave the market when they sell their last home or leave their last residence to heirs. People might trade up into a more expensive home or make a lateral move or two to something of similar value before downsizing in retirement as “empty nesters.” If you don’t sell your home and completely step out of the housing market by renting for a long time or traveling the world for few years, you stay invested. Similarly, you are no longer invested if sell your home and move to a completely different market, like moving from Boston to Florida. In these cases, you might want to carefully consider your relative position in each market.

Here is an example of how trading up could look when the value of your home is down:

2006: The value of your home (either just purchased or not) – Home A: $500,000

2012: Your home has decreased in value 15%. Current value Home A: $425,000

2012: You purchase your dream home – Home B: $750,000

2027: 15 years later the market has recovered and gone up a total of 30% since 2012

The value of your home – Home B: $975,000

The value of your old home – Home A: $552,500

You benefit in the long run, because you purchased the more expensive home in a lower market. Your home is down today, but the more expensive home is down more!

The point is that it doesn’t make sense to put off selling your home, because you can’t get what you want for it. Sell when it makes sense in your life to be in a different home. Your investment in the residential real estate market will take care of itself in the long term.

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A Different Type Of Tear-Down: Court Orders Million Dollar Marblehead Manse Demolished For Zoning Violation

One Very Expensive Lesson

This is a human interest story that contains a good reminder for those of us who often believe that when it comes to dealing with certain authorities, it is better to ask for forgiveness than permission. In this case, that strategy proved disasterous. I have posted it here courtesy of Attorney Marc Canner’s and Attorney Rich Vestein’s Massachusetts Real Estate Law Blog.

marblehead-home-teardownAfter a 16 year long saga, wealthy Marblehead mansion owner Wayne Johnson’s battle to save his house from a court-ordered wrecking ball has come to an end. The underlying legal saga is convoluted and complicated, but the end result was swift and destructive — the million dollar mansion is now rubble.

Johnson’s battle started in 1995 when he recorded a plan dividing his land into two lots. One lot contained an existing single-family dwelling. The second lot contained a garage.johnson-tear-down The house lot complied with all zoning dimensional requirements, but the garage lot didn’t comply with lot width requirements. The Building Inspector incorrectly determined that the garage lot complied with all applicable zoning requirements.

Johnson’s neighbors appealed the Building Inspector’s decision, arguing that the new house would greatly diminish their valuable ocean views. The local zoning board allowed the issuance of a building permit. After the building permit issued, the plaintiffs filed an appeal in Land Court and asked for an injunction to prevent construction on the garage lot. The Land Court judge warned Johnson that proceeding with construction was at his peril. In a decision by another judge in May, 2000, the court ordered the building permit to be revoked. However, the court ruled that the house could remain in place while Johnson attempted to obtain appropriate zoning relief.

Johnson, however, was unable to obtain zoning relief. After several unsuccessful appeals, the Land Court ordered Johnson to remove the house by October 4, 2010. Johnson failed to comply with that order, and the neighbors attempted to hold Johnson in contempt. With the threat of contempt and possible jail looming, Johnson finally threw in the towel.

The Land Court ruling can be read here:
Schey v. Johnson

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Is Your Painter Lead-Paint Certified?

Lead Paint RegulationsOn April 22, 2010 Massachusetts adopted a lead paint law that  likely affects you if you own a house built before 1978. Previously, you could hire anyone,  to paint anything  in your house. Not anymore.  The “Renovating, Repair and Painting Rule” (RRP) requires that for home improvement projects that will “disturb” more than 6 interior square feet of paint or 20 exterior square feet of paint, your painter must be certified by the EPA.  The only exceptions* to this rule are if:

  1. Your house was built after 1978
  2. The house or “components” of the house have been tested as lead free by a Certified Risk Assessor, Lead Inspector, or Certified Renovator
  3. You do the renovations yourself.

Fortunately, professional painters can become certified relatively easily by taking a one day course and paying a fee of $375. Painters who are not certified face fines of up to $5,000, license suspension and can be subject to a “cease work” order by any number of public health agencies, including  possibly, the local building inspector. The “cease work” order/penalty is the major risk to a homeowner. There is no provision in the law for any other type of penalty against a homeowner.

Initially, a Boston Globe article reported that there were concerns that the certification requirement would make hiring a painter more expensive.  However, almost 2 years after the law went into effect, I couldn’t find any evidence of increases in the cost of hiring a painter. Although the time and expense of obtaining certification are relatively minor, there are real expenses associated with properly managing work sites that contain lead dust. Costs will likely rise, but worksites should be safer and ultimately homes will be safer as well.

If you decide to undertake a do-it-yourself renovation or painting project where there is any possibility of creating dust and you might have lead paint, I highly recommend you  learn how to properly handle and contain the dust from your project. Most of it is common sense and merely requires a high level of preparation and care. A good resource is the Renovate Right pamphlet that lead-certified contractors are required to provide to consumers.

The laws around lead paint are extensive here in Massachusetts. If you have information or expertise you would like to share, please comment, or contact me.

Other helpful resources are:

*The question arises that if you hire a general contractor who is lead-paint certified, and he sub-contracts out the painting work, do those painters have to be certified? The answer is complicated. There are rules about who has to be certified on a job site, and when a “non-certified” painter can be on the job under the supervision of someone who is certified. As a general rule, if you are hiring a general contractor make sure he really understands the lead laws and fully intends to follow them.

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