Financial
Real estate: the fine print of the Regional Contract
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
Could lower rates, lagging condo sales lure buyers to the table?
With pandemic behind us, many are making moves
Before the interest rates shot up around 2022, many buyers were making moves due to a sense of confinement, a sudden need to work from home, desire for space of their own, or just a general desire to shake up their lives. In large metro areas like NYC, DC, Boston, Chicago, Miami and other markets where rents could be above $2k-$3k, people did the math and started thinking, “I could take the $30,000 a year I spend in rent and put that in an investment somewhere.”
Then rates went up, people started staying put and decided to nest in the new home where they had just received a near 3% interest rate. For others, the higher rates and inflation meant that dollars were just stretching less than they used to.
Now – it’s been five years since the onset of the pandemic, people who bought four years ago may be feeling the “itch” to move again, and the rates have started dropping down closer to 5% from almost 7% a few years ago.
This could be a good opportunity for first time buyers to get into the market. Rents have not shown much of a downward trend. There may be some condo sellers who are ready to move up into a larger home, or they may be finding that the job they have had for the last several years has “squeezed all the juice out of the fruit” and want to start over in a new city.
Let’s review how renting a home and buying can be very different experiences:
- The monthly payment stays (mostly) the same. P.I.T.I. – Principal, Interest, Taxes and Insurance – those are the four main components of a home payment. The taxes and insurance can change, but not as much or as frequently as a rent payment. These also may depend on where you buy, and how simple or complex a condo building is.
- Condo fees help pay for the amenities in the building, put money in the building’s reserve funds account (an account used for savings for capital improvement projects, maintenance, and upkeep or additions to amenities)
- Condos have restrictions on rental types and usage – AirBnB and may not be an option, and there could be a wait list to rent. Most condo associations and lenders don’t like to see more than 50% of a building rented out to non-owner occupants. Why? Owners tend to take better care of their own building.
- A homeowner needs to keep a short list of available plumbers, electricians, maintenance people, HVAC service providers, painters, etc.
- Condo owners usually attend their condo association meetings or at least read the notices or minutes to keep abreast of planned maintenance in the building, usage of facilities, and rules and regulations.
Moving from renting to homeownership can be well worth the investment of time and energy. After living in a home for five years, a condo owner might decide to sell, and find that when they close out the contract and turn the keys over to the new owner, they have participated in a “forced savings plan” and frequently receive tens of thousands of dollars for their investment that might have otherwise gone into the hands of a landlord.
In addition, condo sellers may offer buyers incentives to purchase their home, if a condo has been sitting on the market for some time. A seller could offer such items as:
- A pre-paid home warranty on the major appliances or systems of the house for the first year or two – that way if something breaks, it might be covered under the warranty.
- Closing cost incentives – some sellers will help a cash strapped buyer with their closing costs. One fun “trick” realtors suggest can be offering above the sales price of the condo, with a credit BACK to the buyer toward their closing costs. *there are caveats to this plan
- Flexible closing dates – some buyers need to wait until a lease is finished.
- A seller may have already had the home “pre-inspected” and leave a copy of the report for the buyer to see, to give them peace of mind that a 3rd party has already looked at the major appliances and systems in the house.
If the idea of perpetual renting is getting old, ask a Realtor or a lender what they can do to help you get into investing your money today. There are lots of ways to invest, but one popular way to do so is to put it where your rent check would normally go. And like any kind of seedling, that investment will grow over time.
Joseph Hudson is a referral agent with Metro Referrals. He can be reached at 703-587-0597 or [email protected].
Real Estate
How federal layoffs, shutdown threaten D.C.-area landlords
When paychecks disappear, the shock doesn’t stop at the Beltway
When federal paychecks disappear, the shock doesn’t stop at the Beltway. It lands on the doorsteps of the region’s property owners, those who rent out their rowhouses in Petworth, condos in Crystal City, and homes stretching into Montgomery and Prince George’s counties. Landlords depend on steady rent from tenants employed by the very institutions that are now downsized or worse, shuttered.
This fall, Washington’s economic identity is being tested once again. Thousands of federal workers who accepted “deferred resignation” packages will soon lose their income altogether. And with a long government shutdown looming, even those still on the payroll face delayed paychecks. For landlords, that combination of uncertainty and sudden income loss threatens to unsettle a rental market already balancing on the edge.
A Test of Resilience
Rosie Allen-Herring, president of United Way of the National Capital Area, recently told The Washington Post, “This region stands to take a hard hit from those who are no longer employed but can’t find new employment and now find themselves in need. It’s a full-circle moment to be a donor and now find yourself in need, but it is very real for this area.” 1 That reversal captures the broader moment: The D.C. economy built on federal paychecks and charitable giving now faces a stress test of compassion and cash flow alike.
For landlords, adaptability will determine who weathers the storm. Those who are able to keep the rent coming in, retain their tenants or find replacement tenants without the same economic hardships are going to be able to get to the other side with manageable financial disruptions. Those who plan, communicate, and stay financially flexible will keep their properties occupied and their reputations intact.
A Region Built on Federal Pay
Roughly one in ten jobs in the Washington metropolitan area is tied directly to the federal government, according to the Bureau of Labor Statistics. That number climbs sharply when you include contractors, nonprofits, and think tanks dependent on federal funding.
This concentration means that when the federal government sneezes, D.C.’s housing market catches a cold. The Brookings Institution recently reported that since January, the region’s unemployment rate has climbed eight times faster than the national average, and local job growth has flattened. 1 More anecdotal, I’ve spoken with property owners this year who are looking to rent out the property they own in DC because they have to move to another region for work.
As The Post observed, “The region has shed federal jobs at a higher rate, and both the number of homes for sale and the share of residents with low credit scores have grown more quickly here than the rest of the country.” 1
For landlords, that’s a flashing warning light. When a certain category of tenants with solid compensation lose reliable government salaries and face dim re-employment prospects, rent becomes harder to collect and rent levels can decline year on year.
The Human Side of a Policy Shock
The people behind these statistics are often long-tenured civil servants. The Post profiled former State Department employee Brian Naranjo, who said he had “unsuccessfully thrown his résumé at more than 50 positions since resigning in May.” “It’s terrible,” Naranjo told the paper. “You have far more people going for those very specialized jobs than would normally be out there.” 1
Another displaced worker, Jennifer Malenab, a 42-year-old former Department of Homeland Security employee, described canceling daycare and family vacations while she scours job boards. “This is not where you want to be at 42, with a family,” she said. 1
When households like these lose steady pay, not only do they pull back on spending, but if they are renters landlords may see a lag in rent receipts, requests for partial payments, or in some cases, a premature notice to vacate. Some tenants will relocate out of the region altogether — a prospect already visible in rising “for sale” listings and increased moving-truck activity in Northern Virginia and suburban Maryland.
What Happens When the Rent Doesn’t Arrive
When rent payments are disrupted, even temporarily, the financial effects can be immediate. Many small landlords depend on rent to cover their mortgages, property taxes, insurance premiums, and routine maintenance. Even a temporary interruption in income can deplete reserves, delay repairs, and strain their ability to meet loan obligations.
Larger multifamily owners are not immune. If multiple tenants in a building lose income at once, cash flow can fall sharply. During the brief 2019 government shutdown, some D.C. landlords offered short-term payment plans to furloughed workers with the expectation of eventual back pay. However, under current conditions, where many positions are being permanently eliminated and paychecks may not be restored, landlords face much greater uncertainty and cannot assume repayment will be guaranteed.
In the District of Columbia, the Rental Housing Commission has advised landlords to continue operating strictly within established legal procedures and to avoid informal or selective payment arrangements that could be interpreted as discriminatory under the D.C. Human Rights Act. Courts in Virginia and Maryland allow temporary continuances when tenants provide documentation of a federal furlough or income disruption, but it is the court, not the landlord, that determines eligibility for relief.
How Landlords Should Proceed
- Continue filing nonpayment cases through normal legal channels rather than delaying action.
- Allow the courts to apply any continuance or relief provisions if a tenant qualifies due to federal employment status or income interruption.
- Avoid making selective accommodations based on a tenant’s job type or federal employment status, as this may violate equal-treatment and source-of-income protections.
Landlords with a single tenant or a consistent written policy of offering payment plans to all tenants experiencing verified income disruption should not be at risk of discriminatory treatment.
Vacancy, Concessions, and Shifting Demand
Beyond nonpayment of rent, landlords face a challenge from a different direction: weak demand. As fewer jobs are being created and unemployed or under-employed tenants move out of DC, the supply of available rental units will rise, forcing landlords to compete more aggressively on price and amenities.
Market data already point that direction. The volume of rental listings across the District of Columbia jumped roughly 14 percent year-over-year in September, according to the realtor Multiple Listing Service (MLS) trends, as reported by the Washington Business Journal. Landlords are offering free parking, one-month concessions, or flexible leases to retain quality tenants.
Neighborhoods once buffered by federal stability like Silver Spring, Falls Church, and Alexandria may now see higher tenant turnover. As one Arlington property manager put it, “We used to say federal employees were the safest tenants in America. Now we’re rewriting that rule.”
A Shrinking Workforce, a Softer Market
In addition to the layoffs, the region is contending with a broader identity crisis. “Yesim Sayin, executive director of the D.C. Policy Center, put it bluntly: ‘Beyond federal employment, we relied on tourism. But foreign tourists aren’t coming. And we relied a whole lot on universities bringing talent who would then stay here and be part of our talent pool. And that is kind of gone, too. So what are we now? We just don’t know.’” 1
This uncertainty may impact property values and investor sentiment. When employers relocate, renters follow. If enough mid-career professionals leave, demand for rentals will first soften and then we’ll begin to see a lowering of the average rents a landlord can command for their rental. We have already seen this in the current rental market. Rents that seems reasonable a few years ago, are now being discounted by hundreds of dollars. Landlords who are searching for new renters after several years of having tenants are finding that they need to bring rent levels below where they used to be to secure tenants commitments.
Strategies for Landlords: Staying Solvent and Supportive
In times like these, survival depends on both prudence and empathy.
1. Communicate early. Encourage tenants to disclose financial hardship before missing payments. Written payment plans, properly documented, can forestall eviction while preserving goodwill.
2. Review legal protections. Understand D.C., Maryland, and Virginia rules regarding furlough continuances or income-source discrimination. Seek legal counsel before altering lease terms mid-cycle.
3. Build reserves and credit access. Line up a home-equity or business line of credit to bridge shortfalls. Cash on hand always is helpful to have as a buffer for the impact of income disruption.
4. Monitor policy developments. State and local governments are supporting people who are affected by the lay-offs. Landlords can benefit indirectly through their renters who are utilizing these programs to assist them in paying their monthly expenses.
5. Contact your Congressional representatives to demand the reopening of the federal government. And in D.C., you do benefit from representation, even though they cannot vote. They can influence decisions that matter.
Scott Bloom is owner and senior property manager of Columbia Property Management.
Real Estate
Real terrors of homeownership come from neglect, not ghosts
Mold, termites, frayed wires scarier than any poltergeist
Each October, we decorate our homes with cobwebs, skeletons, and flickering jack-o’-lanterns to create that spooky Halloween atmosphere. But for anyone who’s ever been through a home inspection there’s no need for fake scares. Homes can hide terrors that send chills down your spine any time of year. From ghostly noises in the attic to toxic monsters in the basement, here are some of the eeriest (but real) things inspectors and homeowners discover.
Every haunted house movie starts with a creepy basement, and in real life, it’s often just as menacing. Mold, mildew, and hidden water leaks lurk down there like invisible phantoms. At first, it’s just a musty smell — something you might brush off as “old house syndrome,” but soon enough, you realize those black or green patches creeping along the walls can be more sinister than any poltergeist.
Black mold (Stachybotrys chartarum) is particularly fearsome – it thrives in damp, dark places and can cause serious respiratory problems. It’s not just gross – it’s toxic and, while some types of mold can be easily cleaned up, removing black mold can cost more than an exorcism.
Have you ever heard strange buzzing or seen flickering lights that seem to move on their own? Before you call the Ghostbusters, call an electrician. Faulty wiring, outdated panels, and aluminum circuits from the mid-20th century are the true villains behind many mysterious house fires. Home inspectors can also find open junction boxes, frayed wires stuffed behind walls, or overloaded breaker panels that hum like a restless spirit.
Imagine an invisible specter floating through your home – something that’s been there since the 1950s, waiting for you to disturb it. That’s asbestos. Home inspectors dread discovering asbestos insulation around old boilers or wrapped around ductwork. It’s often lurking in popcorn ceilings, floor tiles, and even wall plaster. You can’t see it, smell it, or feel it—but inhaling those microscopic fibers can lead to serious illness decades later.
Lead pipes, once thought to be durable and reliable, are like the vampires of your water system – quietly poisoning what sustains you. The results of a lead test can be chilling: even a small amount of lead exposure is dangerous, particularly for children.
And it’s not just pipes – lead paint is another problem that refuses to die. You might find it sealed beneath layers of newer paint, biding its time until it chips or flakes away. This is why, when selling a property built prior to 1978, homeowners must disclose any knowledge of lead paint in the home and provide any records they may have of its presence or abatement.
Scratching in the walls. Tiny footsteps overhead. Droppings in the attic. It’s not a poltergeist – it’s pests. Termites, rats, bats, carpenter ants, and even raccoons can do more damage than any ghost ever could.
Termites are the silent assassins of the home world, chewing through beams and joists until the structure itself starts to sag. Rats and mice leave behind droppings that can spread disease and contaminate food. Bats are federally protected, meaning your haunted attic guests can’t just be evicted without proper precautions. And I once had a raccoon give birth in my chimney flue; my dogs went crazy.
Ever step into a home and feel the floors tilt under your feet? That’s no ghostly illusion – it’s the foundation shifting beneath you. Cracked walls, doors that won’t close, and windows that rattle in their frames are the architectural equivalent of a horror movie scream.
Foundation damage can come from settling soil, poor drainage, or tree roots rising from under the structure. In extreme cases, inspectors find entire crawl spaces flooded, joists eaten by rot, or support beams cracked like brittle bones. Repair costs can be monstrous – and if left unchecked, the whole house could become a haunted ruin.
Some homes hold more than just physical scares. Behind the drywall or under the floorboards, inspectors may uncover personal relics – old letters, photographs, even hidden safes or forgotten rooms. Occasionally, however, there are stranger finds: jars of preserved “specimens,” taxidermy gone wrong, or mysterious symbols scrawled in attic spaces.
These discoveries tell stories of the people who lived there before, sometimes fascinating, sometimes chilling, but they all add to the eerie charm of an old home, reminding us that every house has a history — and some histories don’t like to stay buried.
So, while haunted houses may be a Halloween fantasy, the real terrors in homeownership come from neglect, not ghosts. Regular inspections, good maintenance, and modern updates are the garlic and holy water that turn a trick of a home into a treat.
Valerie M. Blake is a licensed associate broker in D.C., Maryland, and Virginia with RLAH @properties. Call or text her at 202-246-8602, email her via DCHomeQuest.com, or follow her on Facebook at TheRealst8ofAffairs.
