Thursday, February 11, 2010

The State of the Market

One of the constants about the Manhattan residential market is its seasonality. Certain types of apartments sell better as the weather warms than they do in the middle of the winter. Studio and one bedroom activity increases, particularly downtown, as students graduate from college and need to get established for their new jobs. Outer lying areas (avenues near the East River or Hudson River) can benefit from better weather because they seem more accessible to buyers.

The chart below is a snap shot of all Coops and Condos available in Manhattan as of February 10, 2010.



The overall numbers here have been consistent for the past month with new apartments on the market somewhat being balanced by signed contracts. We continue to carefully monitor the status of signed contracts as an indication of the degree of difficulty in getting residential mortgages. The past 12 months have shown this to be by far the single biggest challenge facing sellers today. The discrepancy between the number of studios and one bedrooms available can be partially explained by first time buyer activity. The price decreases in this area have made this part of the market affordable for buyers who have been priced out for the past several years. Another important factor is that new Condo construction usually consists of one bedrooms and larger sized apartments and rarely includes studios.

We've included the 2 charts below to show that the number of apartments built before World War II continues to lag behind modern construction.







Tuesday, January 19, 2010

NYC Real Notes | January 2010






Mortgage Matters by Adam Turkewitz



530 Fifth Avenue, 15th Floor, New York, NY 10036

(212) 805 1172 Office (516) 456-3687
Mobile (646) 253-7788 Fax
adam.turkewitz@wellsfargo.com
https://www.wfhm.com/loans/adam-turkewitz/index.page

Thursday, January 7, 2010

Get It Appraised

One of the tactics found very useful in the past 2 years has been getting apartments independently appraised by an outside firm before they come to market. You may already be aware of the fact that when a buyer applies for a mortgage (or refinance) an appraiser is sent to prepare an in depth analysis of comparable closed apartments, the current market, building financials etc. to come to a conclusion about what an apartment is worth. Due to the credit crunch many deals in Manhattan have come apart because the price an appraiser came up with was lower than the contract price.

By getting an apartment independently appraised owners can avoid this problem and get a more objective view quickly. This can not only save considerable time, effort and quite a bit of money because the market may still be in flux. Having an appraisal in hand is also a very powerful negotiating tool with buyers and other agents. A listing price is more likely to be respected if it's supported by a source outside of the exclusive broker.

This is not a wide spread tatic at the sub $1,000,000 level but common with properties in the $2M and up range. Every owner should consider doing this even if the property is on the less expensive end of the market. It's not a step that many sellers attorneys agree with yet because it costs money - usually in the range of $500-$1,000. All interested parties will begin to understand the rules for how transactions flow must be re-written because of the changes in the banking realm.

1031 Like-Kind Exchanges

Tax deferred exchanges have long been a means of shielding investors from capital gains tax on the sale of real property. As real estate prices continue to climb, so do the gains and therefore the tax liability investors face. Familiarity with tax deferred exchanges is not only a useful tool, but a requirement for anyone advising clients selling business or investment properties.

The delayed exchange process can be broken down into three steps:

1. The exchanger sells the relinquished property.

2. The exchanger identifies the replacement properties within 45 days following the sale of the
relinquished property.

3. The replacement property must be acquired by the exchanger by the earlier of 180 days following the sale of the relinquished property or the date the taxpayer must file its tax return (including
extensions) for the year of the transfer of the relinquished property.

As part of the exchange, an intermediary must be involved to incorporate the exchange documentation. The
intermediary assigns into the transaction to maintain the essence of an exchange. Additionally, the intermediary retains the exchange proceeds during the exchange process, as the taxpayer must avoid receipt of any exchange proceeds for full tax deferral treatment.

Furthermore, the relinquished and replacement property must be held for investment or productive use in a trade or business. The eligibility of an investment property is assessed based on the intent of the taxpayer. Real property held as a primary residence or for resale purposes does not qualify. The duration a property is held is one factor in assessing a taxpayer's intent, along with other facts and circumstances of a situation. Some advisors recommend that taxpayers hold property for a minimum of one-year as an investment property, while others recommend a more conservative two-year hold.

Many exchangers incorrectly assume they are able to acquire a replacement property equivalent to their basis in the relinquished property. To avoid surprise tax bills, the exchanger must apply all the net proceeds towards the purchase of a replacement property of equal or greater value to that of the property sold, or pay the tax on the difference.

The benefits of an exchange are not limited to individual taxpayers. However, the tax code requires, with very limited exception, that the exchanging entity be the same entity acquiring replacement property. Whether the entity is a corporation, a partnership or a limited liability company, it may achieve a valid exchange as long as the entity remains the owner of the replacement property (assuming the other requirements are also met).

Real estate exchanges are a valid tax tool allowing investors to build their wealth in real estate. The investor is
able to defer the tax liability and reinvest the monies in a new investment or business property. The exchange
process allows for product and geographic diversification as investors exchange into varied forms of real
property (e.g., rental apartment, office, shopping center, etc.) in varying regions of the country. Real estate
advisors must be aware of the benefits of a tax deferred exchange to assist their clients in identifying opportunities to benefit from the exchange process.

LAW OFFICE OF JOHN P. BRADBURY
Five Penn Plaza, 23rd Floor Phone: (212) 697-3529
New York, New York 10001 Fax: (212) 202-5046
jbradbury@nyrelaw.com http://www.nyrelaw.com/

This information is not intended to replace qualified legal and/or tax advisors.
Every taxpayer should review their specific transaction with their own legal and/or tax counsel.

Wednesday, December 30, 2009

Agent Or No Agent? - New York Times December 17, 2009

SIDE BY SIDE on a quiet South Nyack street with striking Hudson River views, Jeanette Corvino and Jeffrey Hall have each been trying to sell expensive houses in a challenging market. But the similarity of their neighboring situations ends there.
Ms. Corvino has a four-unit Italianate Victorian that she bought as an investment property more than four years ago and now needs to unload before a balloon payment on a second mortgage comes due.
Mr. Hall and his wife, Sharon, have a colonial revival and are empty nesters with more than a quarter-century’s worth of equity.
After listing her property with a real estate agent for almost a year for $892,000, Ms. Corvino decided in June that she could not afford to pay a broker’s fee on the sale and is now trying to sell the house on her own for $840,000.
For his part, Mr. Hall picked up the telephone and called the same agent who sold him and his wife their house 26 years ago. They have set an asking price of $899,000.
“It would never even occur to me not to use an agent,” he said. “But I’m a restoration architect. I live in the past.”
Are real estate brokers — like travel agents and other middlemen coping with the increasingly digital culture — in danger of becoming expensive anachronisms?
After all, it is only logical that as people feel more empowered based on their access to information and their ability to connect without help, they are at least questioning the wisdom of the conventional way of buying and selling a home.
According to the National Association of Realtors, the percentage of homes sold nationally by their owners has actually declined, from 14 percent in 2004 to 11 percent in 2009. But Real Trends, a company that monitors the residential brokerage industry, considers those findings to be low, and estimates that the number of for-sale-by-owner, or FSBO, homes was almost one in five three years ago, when it stopped tracking them.
“I’ve been in this business for 33 years and I’ve always wondered why more people didn’t say, ‘I’m going to take a shot at this myself,’ ” said Steve Murray, the editor of Real Trends’ reports. “Now, with the technology available, that would seem to be inevitable. We tracked FSBO numbers through 2006 — before the market collapsed — and we were already seeing substantial differences between the attitudes and habits of people under 35 and those over 50.”
Younger people, he said, are far more likely to embrace the multitasking and risk taking involved in selling their own homes. If the decision to use an agent is becoming generational as well as situational, that would not augur well for real estate agents.
“This is going to sound bad, but I just don’t give a lot of credence to what brokers do,” said Cynthia LeStar, who is selling her studio apartment on the Upper East Side. “I mean, what do they do that I can’t do on my own?”
Ms. LeStar, 30, moved to New York from Cincinnati on Sept. 9, 2001, and was on a PATH train to the World Trade Center station from Hoboken for an interview with JPMorgan on the morning of Sept. 11. Despite her parents’ pleas to come home, she took the job and, after a few years, decided to buy instead of rent. But she was laid off last spring, and recently concluded that she could no longer carry her studio while changing careers — to acting.
Ms. LeStar consulted streeteasy.com for comparable neighborhood sales and settled on an asking price of $444,000. She placed an ad on craigslist.com and expanded her search for buyers by gaining access to ASmallWorld, a private international online community that she likened to a celebrity Facebook. Marketing her apartment has cost her nothing.
Ms. LeStar’s background in finance made her comfortable in representing herself. “Even when I was buying, I would have preferred cutting out the middleman,” she said. “I felt out of the loop. I love negotiating.”
Like Ms. LeStar, Ms. Corvino, 35, was undaunted by the prospect of catering to potential buyers. She says that she has not seen any appreciable difference in the amount of traffic now that she is in charge.
Ms. Corvino bought the house hoping to turn it into a bed-and-breakfast. But when the economy tanked, she needed the income from renting all four units.
"Selling in this market is difficult, because it takes a special person to buy a large home like this one,” she said. “Not to mention that right now it’s a rental property."
To appear more businesslike, she hired a graphic artist to produce a sign that “didn’t look like those chintzy red ones that say For Sale By Owner.”
Ms. Corvino also created a Web site for the 4,600-square-foot house, 46Voorhis.com, where she posted 43 color photos taken by a professional photographer. She placed ads at craigslist.com and loopnet.com, a commercial real estate site. A sales manager for a wine wholesaler and importer, Ms. Corvino monitors responses via her mobile phone and has been able to break away from her job to show the house.
Factoring in the minimal cost of open houses, she estimates that she has spent $1,000 thus far, a far cry from the $40,000 to $50,000 broker’s fee that she would have to pay if she sold for near her asking price.
“I think if you go about it the right way, you don’t need an agent,” Ms. Corvino said. “But that’s if you can take all the calls, answer all the e-mails and be at the house at 3 o’clock in the afternoon.”
Next door, Mr. Hall said he and his wife, who works in the Nyack school district, do not have the time, inclination or technical expertise to sell their own house.
“I wouldn’t call myself Internet savvy,” said Mr. Hall, 55. “I don’t have an iPhone. I wouldn’t know what avenues to use. I also think the personal touch is important, though the younger generation probably feels that Facebook is a human relationship.”
When the Halls decided to sell their house last July, there was no question that they would list it with Suzanne Blaisdell Grant of Wright Bros. Real Estate in Nyack. Mr. Hall has served on town boards with Mrs. Grant’s husband and considers them old friends.
Mrs. Grant cited her longstanding relationship with the Halls as a prime example of why real estate brokers are not endangered and why what they do cannot be compared to selling a stock or booking a vacation.
“I can understand why people would say, ‘Why would I pay someone to sell my house? It’s a lovely house. I’ll just put a sign out,’ ” Mrs. Grant said.
“But it’s so much more than that, much more than selling a stock or buying a car on Craigslist. It’s being honest with the seller in staging the house, getting it ready. It’s giving the seller distance, because people who are emotionally involved in a purchase or sale of something as big and life-shaping as a home aren’t necessarily in the best position to be objective.”
Jennifer Juergens of Manhattan and her four brothers and two sisters came to that conclusion after their mother died in 2007 and they put her Tudor-style house in Larchmont up for sale.
“It needed some work, but the market at the time was strong and Larchmont is a very desirable town,” said Ms. Juergens, 48, a former magazine editor who now works in public relations. “My brother said he thought we didn’t need a broker, we could sell it by ourselves. So we put an ad on Craigslist and listed it for $1 million. The first guy that came to see it with his wife, before it was even cleaned up, told my brother John, ‘Oh, we love it; we’ll give you $1 million.’
“But,” Ms. Juergens continued, “he also wanted his father to see it. The dad came over and said, ‘We’re going to start with the asking price and work our way down.’ They went room to room and he kept saying, ‘Well, this needs replacing, this is old, this isn’t good.’ Everything negative. This was the house we’d grown up in. Our mother had just died. Emotions were high. My brother got so upset he just asked them to leave.”
Now supporting Mrs. Grant’s contention that there is no better buffer than a broker, the family hired Keller Williams Realty of Scarsdale and embarked upon a cleanup plan. The house is listed at $899,000.
Linda West Eckhardt, an author of cookbooks, has her Dutch colonial in Maplewood, N.J., on the market for $345,000. She has sold homes in Texas, Oregon and California, and is firmly in the get-an-agent camp — with a caveat.
Having worked with agents who were “indifferent, incompetent and otherwise disappointing,” she said, “I feel about real estate agents the way I feel about literary agents — those areas are filled with peril.” But, she added, “I believe they’ll get you more than enough to make up for their fee.”
So Ms. West Eckhardt’s advice is to “interview, interview, interview” brokers. But this time around, serendipity played a role in her selection. At a party in Maplewood, she met Joanne Douds, who works for Sotheby’s International Realty in Fort Lee, N.J.
“She says the hard things to me, like ‘Your house smells like dogs,’ ” Ms. West Eckhardt said. “On the day of the open house, she walked in with her makeup and eyelashes six inches in front of her face and Prada shoes, took one look at what I considered neat and clean, rolled up her sleeves and said, ‘Get me the vacuum cleaner.’ ”
Ms. West Eckhardt said that at 70, she is more eager to churn out several more books than to spend time extolling the Maplewood-South Orange school district to a trail of bright-eyed couples.
But as Ms. LeStar has discovered while showing her Upper East Side studio, there is not that much extolling to do. “The buyers walk in and they know as much about the apartment as you do,” she said.
Technology has made it much easier for people to educate themselves, a trend that agents have had to acknowledge and adjust to.
“It’s not like it was 10 years ago, where you might show someone eight houses in a day,” said Russ Woolley, the president of Wright Bros. Real Estate. “They have already been online and know what they like and don’t like. They may have seen 20 pictures of one house.” Potential buyers, he said, now arrive with specific houses in mind.
Dan Murray, a firefighter in the South Bronx, is hedging his bets and working both ends of the real estate equation.
To market their three-bedroom condominium in Riverdale, Mr. Murray and his wife, Diana, placed ads online and paid a one-time fee of $300 to forsalebyowner.com, which placed the property with the Westchester-Putnam Multiple Listings Service.
Mr. Murray, 40, is prepared to pay the agent who delivers a buyer 2 percent of the selling price, substantially less than the standard industry fee of 5 percent to 6 percent.
Meanwhile, in his search for a new home in northern Westchester County, he is using Google maps and satellite photos, while scouring the same sites he is advertising on for a FSBO.
“I would think anyone who is comfortable with the Internet would prefer to do it this way,” Mr. Murray said. “Eventually, who won’t be?”

Buying? You? - New York Times December 13, 2009


ARTHUR FREEDMAN has lived in a rent-stabilized studio in the East Village for 29 years.
But as he watched housing prices fall over the last year and as a leak in his bathroom went unrepaired month after month, he decided a few months ago that it was time to become a homeowner.
“Some people might think I’m the luckiest man in the world, paying $725 a month to live in this neighborhood,” he said. “But my friends say: ‘You can live nicer than this.’ And you know what? I should live nicer.”
In a city where nearly 70 percent of the population rents — about double the rate for the rest of the country — the decision to buy an apartment in New York is not taken lightly.
But now that housing prices have dropped by as much as 30 percent since the height of the real estate boom, even people who, like Mr. Freedman, are paying well under market rates for their rentals, are venturing into the housing market.
A rent-stabilized apartment, of course, provides a certain sense of security, with affordable payments and fairly predictable increases. The people who decide to leave this all behind know that they will probably wind up paying more. But they have some very compelling reasons for flying from their protected nests.
It could be a desire to upgrade to a nicer building or a larger space. Some trade down in size for the experience of owning. Others take the plunge because they recognize that their rents will soon head into market-rate territory anyway. Major incentives that unite them all, though, are sales prices that have been heftily discounted and mortgage rates that are hovering enticingly low at around 5 percent.
Mr. Freedman, 61, lives in a no-frills walk-up in the East Village, and after a five-month search, is now in contract to buy a studio for $305,000. The place is about the same size as his rental, but it is in an elevator building with a doorman on the Upper West Side. Similar apartments in the building sold for as much as $360,000 at the height of the market.
Leaving the East Village will not be easy for Mr. Freedman, a retired teacher. “I’m nostalgic. I have my bagel place and I’m there every morning, 365 days a year,” he said. “They were incredulous when I told them. But I’m sure I’ll feel comfortable when I move, too.”
Over the years, many of Mr. Freedman’s rent-stabilized neighbors have left, and their apartments have been renovated from top to bottom and then deregulated. Market-rate studios in the building now rent for about $1,800, and he suspects that complaints emanating from those premises receive much quicker attention than his do.
“I know I’m at fault, too, for not asking and pushing for more work to be done,” he said, gesturing at yellowed walls that probably have not seen a paintbrush in two decades and a stove covered in a thick layer of dust. (He doesn’t cook — at all.) “But I don’t want the hassle to fix it.”
His broker, Suzanne Zinsel, an agent at Halstead Property, said her colleagues warned her against taking on a rent-stabilized buyer, because these clients are notoriously indecisive and afraid of commitment.
Mr. Freedman, in fact, did put her through a few extra paces, backing away from two deals before settling on this last one.
“I think he just got scared, and he literally backed out the night before on those deals,” Ms. Zinsel said. “But he was very apologetic.”
Mr. Freedman, who works as a substitute teacher when he can, said that throughout his apartment hunt, he relied on the advice of friends who already own homes, “because I had no idea what I was doing.”
Three decades of low rent, however, did enable him to save enough for a 30 percent down payment.
“I’m not Alex Rodriguez here,” said Mr. Freedman, a consummate Yankee fan. “I’m not even C. C. Sabathia. It’s just me, Artie Freedman.”
By his calculations, after tax deductions, his monthly housing costs will be about $1,500, which is double what he pays now, but less than what he would pay for a market-rate rental. “But it’ll be better, because it’ll be mine,” he said.
Celia Chen, a senior director of the research staff at Moody’s Economy.com, and a specialist in housing economics, says that the housing cycle nationally is near its nadir, with prices very likely to fall a little more into the middle of next year.
“But even if you’re not getting a rock-bottom price,” Ms. Chen said, “prices have come down substantially since the peak of the market, and you will get a good, reasonable deal at very low mortgage rates. Now is probably as good a time as ever to buy.”
Because prices will take awhile to start appreciating again, and because closing costs must be factored in, home buyers should plan on staying put for three to four years to at least break even, she said.
Ms. Chen also said that while people in rent-stabilized apartments would be hard pressed to find a better bargain, there may also be “a cost of renting, if you’re not renting what you really want to rent.”
The residents of rent-stabilized apartments often put up with lesser spaces and fewer services just to hang onto their coveted leases, said Steve Dobkin, a Manhattan lawyer who often represents tenants. “Tenants in general are nervous to ask for even necessary repairs, because they don’t want to be on the landlord’s list of undesirable tenants,” he said.
But some renters ultimately decide that they are willing to pay more for a better quality of life.
Thomas Coates, another agent with Halstead Property, said that people in rent-stabilized apartments naturally approach buying with great reluctance. “It’s a bit of a golden noose kind of thing,” he said. “They may be in a dump, and the landlord is trying to get them to move, but some just don’t want to give up the security blanket.”
Market-rate renters, on the other hand, have even more incentive, especially since the cost of owning in the current market is often on a par with the cost of renting, he said.
Nick and Kevin Burkett-Caudell are clients of Mr. Coates who have lived in a rent-stabilized fifth-floor walk-up in Chelsea for 18 years. They decided to buy because they feel they have outgrown the neighborhood and because they want a proper bathroom. The couple legally combined their last names five years ago, when they were married in Quebec.
Their one-bedroom railroad apartment is in a 1900 tenement. Some apartments in the building have bathrooms out in the hall, but the Burkett-Caudells have a water closet in the apartment and a shower stall in the kitchen. “When I first saw this apartment, I thought it would be great for a year or two, until we found something bigger,” said Nick Burkett-Caudell, a communications manager at Ernst & Young. “But then, once you’re in, you never move because it’s stabilized.”
In their 20s, they were not bothered by the four flights of stairs and the awkward design of their apartment: You have to walk through the bedroom to get to the living room. But, he said, “now we’re in our 40s and we think we need rooms with doors on them, a proper bathroom, and a place that’s more guest friendly.”
They also feel that they have moved beyond the club and party scene in Chelsea, and are ready for what he called “a more established” neighborhood, which is why they are hoping to buy a one-bedroom in Park Slope.
Their rent started at about $800 and now is close to $1,400. The average rent for a one-bedroom in Chelsea is $2,916, according to Citi Habitats, but Mr. Burkett-Caudell said that he thought market-rate apartments in his building were now renting for about $1,600. “We’re just a few hundred dollars away from that,” he said, “and I don’t want to be on the wrong side of that equation.”
When they crunched some numbers, they determined that buying a one-bedroom in Park Slope for about $400,000 would give them monthly housing costs close to what they are paying now.
“We wouldn’t have been able to do this two years ago, because apartments were too expensive,” he said. “But now we’re looking at proper one-bedrooms with 600 to 700 square feet in elevator buildings that seem like the Taj Mahal to us.”
They made an offer on an apartment last month, but the deal fell through. They now hope to find something early next year.
Clearly, not all rent-regulated tenants can expect to trade up or even get something comparable to what they have now. (The city has some 1 million rent-stabilized units and another 350,000 apartments under other types of regulation.)
Charlie C. Summers, a vice president of Bellmarc Realty, is working with a client who rents a one-bedroom walk-up in Chelsea for $1,300 and hopes to buy a two-bedroom in the neighborhood for $600,000 to $800,000 — a tall order even in today’s market. In that price range, he and his client have found mostly junior-fours, or one-bedrooms with an extra space that can be converted to a small second bedroom.
The client hopes to move into a place where her 6-month-old baby can grow up. “She wants more space, and she wants an apartment that can be a home and an investment,” Mr. Summer said. But she ultimately may have to move beyond Chelsea to get the apartment she wants.
Rochelle Meyer knows that she will not be able to replicate what she has now. She has lived at Waterside Plaza on the East River for more than 20 years, in a large one-bedroom that has what she describes as “a million-dollar view.” From her 24th-floor windows she can see as far south as the Verrazano-Narrows Bridge and as far west as New Jersey, with the open sky expanding the apartment well beyond its walls.
Waterside Plaza was built as affordable housing under the Mitchell-Lama program, and when it left the program about 10 years ago, Ms. Meyer became a “settlement tenant,” which allows her to stay as long as she wants with 7.5 percent annual rent increases.
That was fine at first, she said, but the increases have added up and “now a year goes by very quickly for me. It seems like I just got used to one rent and then, oh, my God, it’s time for another one.”
Her rent started under $1,000 and is now $1,902, but utilities often push her costs well beyond $2,000 a month. It was her financial adviser who urged her to consider buying, and he suggested she look outside Manhattan for something under $400,000.
“But I can’t do that,” said Ms. Meyer, an executive at Citibank. “I’ve lived and worked in Manhattan my entire adult life. I can’t live anywhere else.”
She started her search about two months ago with Carol Halt, a senior vice president of Barak Realty, and is trying to find a one-bedroom for under $500,000.
“She has an enormous apartment right now,” Ms. Halt said, “and when she looks, she thinks, ‘How does this compare with my apartment?’ But you can’t compare, because the difference is she will be building equity in something she owns, instead of throwing her money out the window in rent.”
Nothing Ms. Meyer has seen so far, with the possible exception of an apartment in Riverdale, measures up to her current home. “I know it’s going to be hard to duplicate what I have in my price range,” she said. “So I’m prepared to say that there is something I have to give up. But hopefully the balance sheet will have more positives than negatives.”
And maybe, just maybe, she added, “I could find a diamond in the rough.”