Financial

Real estate: the fine print of the Regional Contract

Published

14 years ago

May 26, 2011

Choosing a buyer’s agent isn’t just about finding someone who knows the neighborhood, can commit to the time necessary to helping you find your perfect place and can get you to settlement smoothly — it’s also about finding someone with the smarts and detail-oriented know how to help you navigate the plethora of legal forms that you’ll sign binding you to the house you’ll eventually buy.

Most agents are not lawyers, and therefore are not allowed to practice law. But since most buyers don’t meet a lawyer involved in their transaction until settlement, the agents are their primary guide to understanding the impact of what they sign.

For sellers, too, an agent must also be savvy with the ins and outs of the contracts. For buyers and sellers alike, having an intelligent agent who knows the fine print of the standard contracts can give them a huge advantage in the transaction. Most agents use the Regional Sales Contract in the D.C., Maryland and Virginia area around Washington, and there are a number of unexpected surprises contained in those forms, so as a buyer or seller, it helps if you know a few of them too:

1. The contingency expiration date that never comes

Buyers count on contingencies to protect them in the event they find something out during the process that changes their ability or desire to buy the property. Sellers count on those contingencies ending at some point so they can have confidence they’ll actually get to settlement.

Two big contingencies, the financing and the appraisal contingencies, have expiration dates that can come and go, but still remain in effect, even all the way until settlement. The financing contingency does not expire until the seller gives notice (an official signed document pertaining to the transaction) that the deadline has expired. But if the buyer doesn’t remove the contingency within three days of receiving this notice, the contract dies.

The language is worded thus to protect the buyer, obviously. Unfortunately, the effect this generally has is that sellers are so scared to deliver the notice (and therefore risk the contract dying) that they don’t do so, and then the contingency deadline loses all meaning since it goes on indefinitely. Often, sellers don’t even know they have to give notice, especially if they are working with an agent who may not know the contract so well, and think they can take the earnest money deposit (often tens of thousands of dollars) if the buyer doesn’t qualify for the loan after the expiration, only to find out they can take nothing.

Similarly, the appraisal contingency deadline can also come, go, and still remain in effect if the seller does not give notice of that deadline’s expiration. The difference is that if the buyer doesn’t respond in three days, that contingency expires, but the contract survives. Therefore, every good seller’s agent should deliver notice immediately upon expiration of that contingency to ensure the seller is duly protected. Most other contingencies in the standard Regional Sales Contract expire upon their expiration date.

2. The attachments that don’t convey

Most buyers and sellers who have some experience in the market know that attached fixtures (elements of the house or decor that are physically attached to the property in a relatively permanent way) convey, or come with, the property without express written agreement. So the sofa goes, the light fixtures stay; the lamps go but the mantelpiece stays — unless agreed to otherwise in writing.

What about blinds, curtain rods, built-in refrigerators, and, most importantly as of late, wall-mounted flat-screen televisions? Well, good agents know that to ensure there is no dispute down the road, any ambiguous items should be identified and agreed upon in writing. But good agents know that some of these items are already excluded by default in the regional sales contract. For example, mounted televisions and speakers that extend outside the wall or ceiling do not convey unless otherwise agreed upon. Since they are affixed to the wall, many buyers and their agents assume they count as fixtures and will convey automatically. The contract says otherwise, so beware!

3. When digital signatures don’t count

Digital signatures are being used more and more frequently these days, and it’s understandable. In our area, a normal contract usually is more than 25 pages long, and sometimes it’s more than 50! Printing and faxing or e-mailing these docs back and forth has become a huge burden, even as internet speeds improve, so being able to enter a password and click to place your signature in a document on your desktop saves a lot of time and toner.

However, many agents who use digital signatures don’t get a digital signatures authorization form signed from the beginning that allows for digital signatures to be interpreted as valid in a legal sense. Without that one form signed, by hand, the entire contract could be considered invalid. The day of settlement, the buyer could simply walk away. Similarly, a contract originally agreed to in writing but then signed in subsequent parts digitally could be considered valid only until the subsequent parts that weren’t signed by hand. In that sense, if a buyer makes certain demands under the home inspection contingency but submits notice with a digital signature without an agreement to sign in such a way, they have effectively not given notice by the deadline and may lose all the rights to make such demands once the deadline expires.

4. Never leave the blank blank

In the regional sales contract, there are hundreds of blank fields that agents fill in to get the deal done. Many of them simply don’t apply to the transaction; condo language doesn’t apply when you’re buying a single family home, and language that clarifies how a mortgage is to be assumed almost never pertains to transactions these days. But if a blank is left blank in an active and applicable section of the contract, rather than crossed through or filled in with “N/A,” it may eventually come back and bite you, whether you’re a buyer or a seller. For example, says Jason Sherman of Paragon Title Company, in a condominium transfer where there is no special assessment as of the contract date, but one comes up before settlement, there is no clear indication of who will pay it unless the agents fill in one of two options on the condominium addendum. When there’s no assessment it’s almost always left blank, but if an assessment comes in mid-stream there will be problems.

These are just a few of the more common errors I see practiced by inexperienced agents, or misunderstood by most buyers and sellers. But of course there are many more pitfalls that can sneak up on you. That’s why your choice in your Realtor shouldn’t just be based on whether he or she can make small talk at a cocktail party or has a nice advertisement. It should hinge on your confidence that they can handle the tricky — and often costly — intricacies of the legal documents you sign too.

David Bediz is a Realtor at Coldwell Banker Residential Brokerage and part of the Dwight and David Real Estate Group. He can be reached at 202 352 8456 or through www.DwightandDavid.com. He is not a lawyer and none of this article shall be construed as legal advice.

Real Estate

Pride, patriotism, and prosperity

Real estate plays role in honoring servicemembers’ legacy

Published

5 days ago

May 25, 2025

Valerie Blake

(Photo by 1photo/Bigstock)

As the calendar turns to late May and early June, several powerful movements and celebrations converge in a profound and colorful tapestry of remembrance, Pride, and progress.

Memorial Day in the United States honors the sacrifices of military personnel who gave their lives in service. Simultaneously, WorldPride and Black Pride commemorate both the historical struggles and enduring strength of LGBTQ+ communities worldwide.

Though these observances may seem distinct, they share powerful commonalities — solemnity, resilience, and the pursuit of equity. When viewed through the lens of real estate and community development, their intersection reveals the critical importance of space, ownership, and inclusion.

Memorial Day is more than a barbecue, a long weekend, or the unofficial start of summer. It is a solemn remembrance of those who laid down their lives for the ideals of freedom and democracy. Many of these fallen heroes came from marginalized backgrounds, including a rainbow of LGBTQ+ Americans who served valiantly, often without recognition or equal rights at home.

LGBTQ+ service members have fought in silence for decades, only gaining the right to serve openly in recent years and then having that opportunity for some individuals snatched back simply because of who they are. Memorial Day is a chance not only to honor their service but also as a reminder of the injustices they endured.

Real estate plays a role in their legacy. For decades, returning veterans used the GI Bill to buy homes and build generational wealth; however, discriminatory practices like redlining and restrictive covenants denied Black veterans the same opportunities, contributing to the racial wealth gap that persists today. Similarly, LGBTQ+ veterans and their partners often faced housing discrimination with little legal recourse. These systemic barriers underscore how access to safe and equitable housing is part of the fight for justice.

Black Pride events emerged in response to racism within the broader LGBTQ+ movement, asserting that Black queer lives matter and deserve visibility. Held in cities across the globe, Black Pride is not just a festival — it is a political and cultural declaration. It amplifies voices at the intersection of race and sexuality, advocating for people who are disproportionately impacted by housing insecurity and gentrification.

Many urban neighborhoods that were once cultural havens for queer communities are being transformed by rising rents and redevelopment. While revitalization can bring economic opportunity, it must be done equitably, with safeguards in place to ensure that long-standing residents are not displaced. Real estate, in this context, becomes a tool for resistance and renewal.

WorldPride, a global event celebrating LGBTQ+ rights and visibility, is hosted by a different city every few years. It draws millions of participants, shines an international spotlight on LGBTQ+ issues, and highlights disparities in rights and protections worldwide. In countries where queer identities are criminalized, safe housing can be a matter of life and death.

Even in more progressive regions, LGBTQ+ individuals often face subtle yet persistent discrimination from landlords, real estate agents, and lending institutions. In the real estate industry, advocacy groups are working to increase representation, offer training, define ethical responsibilities, and advocate for inclusive policies to ensure housing is truly accessible to all.

The convergence of WorldPride with Memorial Day and Black Pride invites deeper reflection: What kind of world are we building in memory of those who came before? How can we ensure that freedom, the very principle so many fought and died for, includes the right to live openly and securely, regardless of race, gender, or sexuality?

The real estate industry has a unique role in shaping the future. From urban planning to homeownership policy, to income-based downpayment grants, it directly influences who has access to stability and opportunity.

Developers, policymakers, and community leaders must work together to address housing disparities. This includes funding affordable housing, protecting tenants from discrimination, and investing in communities that have been historically excluded. It also means respecting cultural legacies and ensuring that neighborhoods reflect the diversity of the people who live in them.

Memorial Day reminds us of the cost of freedom. International Pride events remind us that the fight for freedom is ongoing. As we honor the fallen, let us also honor the living – those who continue to fight for their right to exist, to love, and to call a place home. Whether waving a flag at a Pride parade, laying a wreath at a soldier’s grave, or signing a first-time homebuyer agreement, these moments are connected by the enduring belief that everyone deserves dignity, safety, and a place to belong.

Valerie M. Blake is a licensed Associate Broker in DC, MD & VA with RLAH @properties. Call or text her at (202) 246-8602, email her at DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.

Real Estate

Tips for buying a house in Rehoboth Beach

And why it’s a great fit for the LGBTQ community

Published

2 weeks ago

May 18, 2025

Justin Noble

Rehoboth Beach, Del. (Washington Blade photo by Daniel Truitt)

If you’ve ever dreamed of owning a charming beach house where flip-flops are considered formalwear and sunsets are your daily entertainment, Rehoboth Beach, Del., might just be your dream come true. It’s not just a beautiful coastal town—it’s also a long celebrated safe haven and vibrant hub for the LGBTQ community. Let’s dive into why Rehoboth Beach is a fabulous choice and how to make a savvy beach house purchase.

Why Rehoboth Is a Vibe (especially for the LGBTQ community)

1. A Welcoming, Inclusive Community

Rehoboth Beach has been lovingly nicknamed the “Nation’s Summer Capital,” and it’s not just because of its proximity to D.C. For decades, Rehoboth has built a reputation as a warm, inclusive, and LGBTQ-friendly destination. From gay-owned businesses to LGBTQ events and nightlife, this is a town where you can truly be yourself.

2. Packed Social Calendar

Poodle Beach, the LGBTQ beach hangout just south of the boardwalk, is always buzzing in the summer. Events like Rehoboth Beach Bear Weekend, Women’s FEST, and CAMP Rehoboth’s myriad of social and wellness events bring people together all year round. That’s right—you’ll never be bored here unless you want to be.

3. Small Town Charm Meets Big City Culture

You get art galleries, drag brunches, live theater, eclectic cuisine, and adorable boutiques—basically everything your soul craves—without the chaos and crowds of major cities. It’s quaint but never boring. Think: Key West vibes with a Delaware zip code.

Tips for Buying Your Dream Beach House

1. Know Your Budget and Think Long Term. Beachfront and near-beach properties come at a premium. Expect to pay a bit more for proximity to the sand and ocean views.

2. Choose Your Neighborhood Wisely. Do you want to be walking distance from the action on the boardwalk? Or do you prefer something more secluded in areas like North Shores or Henlopen Acres?

3. Rental Potential. If you’re not living there full time, your beach house could work overtime as a vacation rental. Rehoboth Beach has a healthy short-term rental market, especially in peak summer. Often times LGBTQ travelers actively seek inclusive, affirming places to stay.

4. Weather the Weather. Like all coastal areas, Rehoboth comes with a side of salt air and occasional storms. Invest in a good home inspection, especially for older homes, and be prepared for the maintenance that comes with beachfront living (yes, that includes sand everywhere).

5. Work With a Local Real Estate Agent. Look for an agent who knows Rehoboth inside and out and understands the unique needs of LGBTQ buyers. This isn’t just a house — it’s your happy place. You want someone who sees that and says, “Let’s find your sanctuary.”

Buying a beach house in Rehoboth Beach isn’t just about real estate — it’s about finding a space that reflects your lifestyle, values, and need for both community and calm. Whether it becomes your full-time home, your weekend escape, or your Airbnb side hustle, Rehoboth welcomes you with open arms (and maybe a mimosa).

Want personalized tips on navigating the Rehoboth Beach real estate market? Let’s chat! I’ll bring the listings if you bring the sunscreen.

Justin Noble is a Realtor with The Burns & Noble Group with Sotheby’s International Realty, licensed in D.C., Maryland, and Delaware. Reach him at [email protected] or 202-234-3344.

Real Estate

Impact of federal gov’t RIF on D.C.’s rental market

A seismic economic change for local property owners

Published

3 weeks ago

May 11, 2025

Scott Bloom

President Trump’s plan to cut the federal workforce presents challenges to local landlords. (Washington Blade file photo by Michael Key)

In a move that could redefine the federal government workforce and reshape the economic fabric of Washington, D.C., President Donald Trump has announced his intentions to significantly reduce federal government spending as well as the number of people the federal government employs.

Calling the federal bureaucracy “bloated” and “out of control,” Trump has repeatedly expressed his desire to cut thousands of federal jobs. While these cuts align with his long-standing push to “drain the swamp,” they come with potential and real collateral damage, especially for landlords in the D.C. area who have relied on government employees as some of their most reliable and long-term tenants.

The potential reduction of thousands of jobs in a city built around government work is not just a political shift—it’s a seismic economic change for the city government as well as for local property owners who have invested in the predictability of a near-constant demand for workers in the federal government agencies, government contractors and the economic ecosystem they sustain.

For landlords, government workers have represented ideal tenants: strong income, long-term leases, and responsible rental histories. Now, that foundation is being shaken in a battle by the Administration against a workforce which is the backbone of the Washington area’s overall economy, and especially its rental market.

With uncertainty looming, landlords are left in a difficult position. If widespread layoffs come to fruition, rental vacancies could spike, rental prices would drop, and previously secure investment properties might become financial liabilities. The sudden shift forces landlords to consider their next moves: how to support tenants facing job losses, how to adapt to a changing market, and how to ensure their own financial stability amid the uncertainty.

For D.C. landlords, this isn’t just about policy shifts or budget cuts, it’s about economic livelihood. The challenge ahead isn’t about just reacting to change, but proactively preparing for it, ensuring they can weather the storm of political maneuvering.

Potential Consequences for D.C. Landlords

1. Increased Risk of Non-Payment of Rent
- Job losses may lead to late or missed rent payments
- As affected tenants struggle financially, they may ask to break their lease to live elsewhere or even move out of the region
- Eviction lawsuits may rise, leading to a long and expensive process for landlords, all while not being able to rent their property to paying tenants.

2. Higher Vacancy Rates

If many government employees leave the D.C. region in search of work elsewhere, the rental demand could decline significantly
Rental properties may sit empty longer, requiring landlords to lower rents to attract new tenants and creating even more financial loss

3. More Competition from Other Landlords

As many more units are vacant on the market, all competing for the same pool of potential tenants, older and smaller rentals, and those located further out from the core of the city will all struggle to find quality renters.
Landlords will need to offer other ways to attract and retain tenants, such as incentives, which could quickly overwhelm the finances of smaller landlords who cannot keep up.

Proactive Strategies for Landlords

To mitigate risks and ensure future rental success, landlords should consider these defensive measures:

1. Strengthen Tenant Relationships and Communication

Encourage tenants to communicate if they anticipate financial hardship due to job loss.
Work out temporary payment plans or partial payments to prevent full non-payment or eviction.
Provide guidance on rental assistance programs available in D.C.

2. Offer Flexible Lease Terms

Consider shorter-term leases than a full 12-month term to accommodate the needs of tenants who may be uncertain about their long-term employment status.
Offer lease renewals at the same rent amount to keep stable tenants and avoid turnover

3. Diversify Tenant Base

If a large portion of tenants are government workers, a landlord may want to market to a broader audience or professionals in private industries.
Advertise on platforms that cater to diverse tenant pools, including students and international workers.

4. Adjust Screening Criteria Thoughtfully

While it’s important to ensure financial stability, consider creditworthiness, assets, and rental history rather than just employment status.
Consider alternative income sources, like family members assisting, part-time work or freelance gigs.

5. Protect Cash Flow with Rent Guarantee Options

Explore rental insurance policies or rent guarantee services to cover losses in case of non-payment.
Consider co-signers or guarantors on leases for new tenants in vulnerable industries, just in case.

6. Adjust Rental Pricing to Stay Competitive

Monitor the D.C. rental market and adjust pricing accordingly to attract new tenants.
Consider offering move-in incentives as a way to stand out. Be creative! Sometimes things you can offer are different and may catch someone’s eye

Long-Term Planning for Rental Success

Build reserves to cover expenses during potential vacancies or rent shortfalls.
Invest in property upgrades to make rentals more attractive to a broader audience, such as young professionals or remote workers.
Consider diversifying property holdings to include areas that are less reliant on government employment.

By taking proactive steps, landlords can safeguard their investments while supporting tenants through economic uncertainty, ultimately leading to a more stable and resilient rental business.

Scott Bloom is owner and senior property manager at Columbia Property Management. For more information, visit ColumbiaPM.com.