Berkeley's Golden Duplex Rule

Every town has obscure laws that can be confusing, and one to be aware of in Berkeley is the "Golden Duplex" rule. If you are buying a duplex with tenants in Berkeley, or if you are a tenant in a duplex that is being sold, it would be wise to find out if your duplex qualifies as a "golden duplex."

Strictly speaking, a Golden Duplex must meet two criteria. First, back in 1979, one of the two units must have been occupied by the owner at that time. Second, one of the units must now be occupied by the current property owner. The property is allowed to have changed owners (and tenants) during this time, but if these two criteria are met, then the property is a Golden Duplex.

Why is this important to know? Because properties that qualify as Golden Duplexes are generally exempt from Berkeley's strict eviction protection laws. Normally, tenants have a lot of protection from the City of Berkeley, but tenants in a Golden Duplex can typically be given a standard 30-day eviction under almost any circumstance.

This seems like quite an arbitrary rule, but there is a logical history. Duplexes are generally considered to have tenants who have a more familial relationship, especially when one of the units is occupied by the owner, so strict eviction protections should not be necessary. The rule does not apply to all duplexes in the city out of concern that all duplexes would become owner-occupied and there would be fewer rental units available. So, the dividing line was drawn at 1979, which was the year that rent control was introduced in Berkeley.

Obviously, this can be a complicated matter, and a lot of research and lawyers might be necessary. But, having a duplex confirmed as a Golden Duplex can be done. If you have questions about Golden Duplexes or other Berkeley rent control issues, just let me know. I am always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.

Getting Ready to Move

So, you have sold your house and bought another one. You thought that was challenging, but now comes the hard part--actually moving all of your stuff from one home to another. Whether you are moving across town or across the country, moving has the potential to be one of the most stressful events in your life. Here are some tips to help make moving day a little bit easier.


Make your moving van reservation two to three weeks ahead of time, and call to confirm regularly. For a standard two or three bedroom house, you will probably need at least a 20-foot truck. Consider reserving a dolly to help you move your larger items.

Get your boxes ahead of time, and consider spending a little more money on "auto bottom boxes." These are standard-sized moving boxes that pop into place and have an easy folding mechanism to close the box. No tape needed, and the box is securely closed in seconds.

Other supplies to have on hand include marking pens, strong packing tape and a tape gun, strong scissors, bubble wrap or other padding material for dishes and small fragile items, and blankets or furniture pads for protecting larger items.

You will need to keep some necessary possessions unpacked until the last minute. Keep a few changes of clothes and a toiletry bag handy, as well as a few towels and sheets. With all this activity is recommended to keep a first aid kit handy, too. Keep some disposable kitchen items around for simple meals, plus some activities to keep kids and pets happy. And, make sure to leave all of your cleaning materials easy to access.

Moving with pets can be very stressful for them. On moving day, keep them confined to one room, so that they will be the last members of your family to go into the car. When you get to your new home, take care of them first by placing them with love and attention in a room while the truck is being unloaded.

There are so many complicated aspects to moving, and everyone's situation is unique. If you have questions, or would like a complimentary Moving Tips guide, please let me know. I am always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.

Rumor Control--Foreclosures

A few weeks ago, I wrote a blog entry on the basics of the foreclosure process. With so much in the media about foreclosures almost every day, people have a lot of questions about foreclosures and how they work.

In addition to sharing this information, I would also like to help put an end to the rumors that buying foreclosures is an easy way to make money and get deals in real estate. It is possible to get deals and make money, but it is definitely not EASY, and there are many many pitfalls to watch out for.

I worked in foreclosures for about seven years throughout the 1990s, so let me share some tips and information from my experiences.

First, there are not that many foreclosures in the more desirable neighborhoods of Oakland and Berkeley. In fact, most of the East Bay foreclosures are in cities like Antioch and East Oakland, so finding a foreclosure that you might like will be difficult from the get go.

Second, buying foreclosures on the courthouse steps can be a tricky business. First, the bank wants to get their money back, so the opening bids may not be as low as you would hope. They will also require buyers with all cash. Plus, there are some very experienced players there who know how to game the system to their advantage. Buyer beware!

Third, it is very, very difficult to know the condition of the house in foreclosure that you are buying, since you probably won't be able to go inside before you buy it. It could be a neglected property in disrepair, or the person losing his or her home might be upset and cause intentional damage. Also, make sure you know exactly which deed of trust you are buying.

If you are looking for deals in foreclosures, it is probably best to wait until the bank has to sell it on the open market. At that point, the banks might be willing to make a deal. After all, they are not in the homeowning business. But, bear in mind that the sales will likely be on an "as is" basis and excellent credit is necessary.

I said it before and I will say it again--foreclosures are a tricky business. If you have any questions about buying foreclosures, let me know. I am always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.

Guide to East Bay Farmer's Markets

If you live in the East Bay and live for fresh locally-grown produce, then you are in luck. There are more Farmer's Markets in our region than you could ever believe. You can get fresh lettuces and peppers and berries and oranges and almost anything your heart desires at a local Farmer's Market every day of the week (Except Mondays...the farmers need a day off, too!).

Here is a quick daily guide to East Bay Farmer's Markets. Maybe you can run out on your lunch hour and pick up some fresh produce for tonight's dinner!

TUESDAY: Alameda (Taylor & Webster), Berkeley (Derby & MLK), Concord (Todos Santos Park), El Cerrito Plaza, Union City (Kaiser), Walnut Creek (Kaiser).

WEDNESDAY: Hayward (Kaiser)

THURSDAY: Berkeley (Shattuck & Rose), Concord (Todos Santos Park), Fremont (Kaiser), Livermore (Carnegie Park), Martinez (Court & Main), Martinez (Kaiser), Oakland (Fruitvale).

FRIDAY: East Oakland (73rd & International), Fremont (Nummi), Oakland (Kaiser Piedmont), Old Oakland, Richmond (Civic Center & McDonald), Walnut Creek (Rossmoor).

SATURDAY: Berkeley (Center & MLK), Brentwood (2nd & Maple), Castro Valley (BART), Danville (Railroad & Prospect), El Cerrito Plaza, Fremont (Centerville), Hayward (Main & B), Oakland (Grand Lake), Oakland (50th & Mandela), Oakland (Millsmont), Oakley (City Hall), Orinda (Avenida de Orinda & Orinda), Pinole (Pear & Fernandez), Pittsburg (Railroad & 6th), Pleasant HIll (City Hall), Pleasanton (W. Angela & Main), San Leandro (Bayfair), San Ramon (Forest Home Farms), Union City (Old Alvarado), Vallejo (Downtown).

SUNDAY: Crockett (Pomona & 2nd), Oakland (Jack London Square), Kensington (Arlington & Amherst), Martinez (Main Street), Oakland (Montclair), Moraga (Moraga Rd & Moraga Way), Newark (Newark Mall), Oakland (Fruitvale), Oakland (Temescal), Walnut Creek (N. Broadway).



Please keep in mind that some Farmer's Markets are seasonal and might be interrupted due to rainy weather. For more complete information and regular updates, please visit the terrific East Bay food website EdibleEastBay.com.

If you are looking for great resources around the East Bay, just let me know. I'm always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.

Safety Measures for New Homeowners

Oh, it is so exciting to move into your new home. So much new space to explore and discover. Buying and arranging new furniture and decor. Having your friends and family over to see the new home. But, before you get too comfortable, there are some simple safety measures you should take make your home the haven it should be.

• Introduce yourself to the neighbors and exchange contact information. In the event of an emergency or natural disaster, these will be the people you rely on.
• Install an automatic gas shut valve. This is especially crucial in earthquake country.
• Secure water heaters. And while you are at it, make sure that cupboards and furniture won't tip or fall if there is an emergency.
• Re-key all the locks to the home. You never know who the previous owners provided keys to.
• Keep vegetation trimmed to prevent fires.
• If there is extra reason to be concerned, install a home alarm and outdoor lighting.

There are many ways to make your home safe. If you would like more ideas, please let me know. I am always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.

2007 Toy Drive for Toys for Tots

Join Me and Lawton Associates in supporting the annual Toys for Tots drive to help gather toys this holiday season for underprivileged boys and girls. Just bring an unwrapped toy (or 2 or 3 toys!) to the Lawton Associates office in Rockridge, and then join us for holiday treats.

We will be accepting toys Monday through Friday, 9am to 5pm, until Friday, December 14th. Don't Delay! The Lawton Associates office is located at 3160 College Avenue (at Alcatraz) in Suite 201. We are right above Noah's Bagels...just come up the stairs.

Happy Holidays, and thank you for supporting Toys for Tots!

If it is a Buyer's Market, Why Aren't They Buying?

Everyone keeps saying that it is a buyer's market. And, it sure looks like one. There is a lot of inventory on the market, sellers are dropping their prices, and good loans are still available. Well, someone better tell the buyers that it is a buyer's market, because a lot of them are still holding back.

Why are buyers being so reticent in this market that appears to be working in their favor? After years of multiple bid offer situations and paying astronomical prices for modest homes, one would think that buyers would be jumping at the chance to get some of the deals that are out there now. I have a few ideas.

Buyers are unsure about the mortgage market. A lot of people still think that good mortgages are not available, but the mortgage market has come back after a brief period of crisis. Sure, the crazy sub-prime loans to people with questionable credit may not be available. But, if you are a solid buyer with good credit, there are plenty of attractive loans available.

Buyers are unsure about the long-term value of a home purchase. Real estate is almost always a good long-term investment. If you are looking at a quick flip investment, right now might not be the best time, especially for amateurs. But, if you are planning on being in your home at least 5 to 10 years, you shouldn't be worrying too much about value.

Buyers are worried that prices will go down. There is a fear among buyers that they might be getting a good deal, but that if they hold out they might get an even better deal. But, if you find a home that you love and you are willing to make a deal on it, that is the right value for you. And, if you can get a good loan and plan on staying in the home for 5 to 10 years, you have nothing to worry about. Plus, if you wait, you might miss out on the home of your dreams.

The real estate market is a living breathing animal that changes all the time. If you have questions about the market, please let me know. I am always happy to help. I can be reached at 510-547-5970 x57 or MSmartt@jps.net.