Las Vegas real estate

Real estate investors cast watchful eye on Las Vegas' high stakes housing game SFGate Home Business Sports Entertainment Travel Jobs Real Estate Autos SFGate News Web by Real estate investors cast watchful eye on Las Vegas' high stakes housing game Kelly Zito, Chronicle Staff Writer Monday, March 7, 2005 now part of stylesheet -- More... Printable Version Email This Article Las Vegas' lucky number last year was 52 -- as in 52 percent. That's how much real estate prices jumped in the nation's fastest-growing city in one year, as a housing shortage set off a wave of speculation by investors from California and other states. But as any gambler knows, Lady Luck eventually turns a cold shoulder. Las Vegans wanted to cash in, too, and so many put their houses up for sale that they flooded the market. By the end of the year, some homebuilders were slashing prices. For investors from states like California where prices seem to move in only one direction -- up -- it was a stark example of a deflating bubble. "When you lose money in real estate, you really feel it,'' said Igor Doncov, a software engineer in Half Moon Bay who bought two new houses in Las Vegas early in 2004 but sold them at a loss after his builder, Pulte Homes, cut prices on its new models by $180,000. "I thought I couldn't lose," he said in a telephone interview. "But it turned into a total disaster." Housing analysts don't think Las Vegas' slowdown is a sign that prices will soften soon in other fast-appreciating regions. But they say it is a warning of what could happen in the Bay Area as interest rates go up -- particularly for people trying to "flip" houses for a quick profit. "Everyone is watching Las Vegas with its price appreciation and flipping," said John Karevoll, an analyst at DataQuick, the La Jolla real estate research firm. "If something weird happens, it'll happen there first." For years, Las Vegas real estate was cheap. Myrna Kingham, president of the Greater Las Vegas Association of Realtors, remembers not-so-distant days of driving around in a pickup wearing high heels and showing clients dusty 5-acre parcels listed for $20,000. But as the population of Las Vegas and surrounding Clark County grew 81 percent in the 1990s, adding 621,160 people, housing prices caught up, matching the national median of $145,000 in 2001. Then last year, the market caught fire, boosted by healthy job gains, a growing stream of retirees, Californians drawn to lower home prices and an influx of investor money. Builders, faced with a shortage of workers, had trouble keeping up. Add rock-bottom interest rates, and the scene resembled the go-go days of the Bay Area's tech boom. Hundreds of would-be buyers descended on open houses, and home prices seemed to increase as quickly as the progressive jackpots in the slot machines on the Strip. Record appreciation In the spring of 2004, the median price for a single-family house was $269,000, 52 percent higher than the year before -- a national record for appreciation, according to the National Association of Realtors. "The market was hotter than blazes," Kingham said. "People were looking for affordability -- they wanted a nice home in an area with nice weather that they could buy for $200,000." Californians, who pay some of the highest home prices in the nation, took notice. Golden State residents have snapped up nearly 27,000 Las Vegas properties since 2000, according to DataQuick. In 2004 alone, California residents bought 11,600 homes -- 12 percent of the transactions in Clark County for the year. Bay Area residents bought nearly 7,800 Las Vegas properties over the past five years. In the second quarter of 2004 alone, the number who bought Las Vegas property doubled from the same quarter the year before, to more than 800,surpassing investment in Sacramento, the Tahoe region and Palm Springs for the seventh straight quarter. But in less time than it takes to build a single house, the market changed. Egged on by the stratospheric prices their neighbors were asking -- and getting -- homeowners in Las Vegas flooded the market with "for sale" signs. The number of existing houses posted for sale on the Multiple Listing Service ballooned from about 1,400 in February to more than 16,000 by October. Among them were never-lived-in homes offered by investors who had bought them only months before from national homebuilders -- who were selling their own brand-new houses literally across the street. In early fall one of those builders, Pulte Homes, took the extraordinary step of slashing prices by $25,000 to $180,000 on more than 20 of its Las Vegas-area developments. The move sent shock waves through the Las Vegas building industry and angered investors like Igor Doncov. Doncov, a 57-year-old engineer who was a victim of the technology flame-out, was one of thousands of investors who hoped to turn a quick profit by buying and selling Las Vegas property within a few months. Early last year he bought two new houses from Pulte Homes for $515,000 each. By the end of the summer, he said, the houses were worth well over $600,000, based on Pulte's prices for the same models. Then Pulte cut the price by about $180,000. Doncov sold the two properties in December and January for $480,000 and $490,000; after closing costs and sales fees, he estimates he lost $100,000. He is working with a lawyer to try to recoup the losses from Pulte, on the grounds Pulte misled investors by systematically raising new home prices, then abruptly lowering them. Many people in Las Vegas shrug at tales like Doncov's, saying any plan to get rich quick is fraught with risk. "There are people who come here and lose all kinds of money on the card table," said Keith Schwer, an economist at the University of Nevada at Las Vegas. By December, it was clear the peak of the frenzy had passed. Residential building permits that month were 34 percent below the previous December's, as measured by the Center for Business and Economic Research, which Schwer directs. And 15 percent fewer people were moving to Las Vegas -- some undoubtedly spooked by the region's steep jump in home prices. Pulte officials would not comment on the price reductions. In the wake of Pulte's move, other builders also cut prices but made no formal announcements. KB Home, the region's largest home builder, didn't cut prices but did tighten its policies on sales to investors. Contracts now stipulate, that, barring the loss of a job or other major problem, those who resell their properties within a year have to give KB Home the profit. Despite the builders' moves, Schwer and other experts say the Las Vegas market remains healthy. In recent months, they say, the number of homes for sale has declined and homes are selling faster. In January, however, there were still 13,800 homes for sale. Though the median price for a new home climbed 6 percent to $307,500, the median for an existing home -- $251,000 - was up only one half of one percent from a year before, according to Schwer. Over the long term, the area's job growth -- including a new 8,000-employee casino opening in April -- warm climate, entertainment options and well-equipped airport will continue to draw buyers, Schwer said. On a Friday morning in February, Bill Jeffers, who owns Valley Furniture in Livermore, toured a $731,000 home in a subdivision called Inverness. By buying a home in Las Vegas, Jeffers, who has lived on Maui for several years, will shorten his twice-monthly commute to the store and put his grandchildren into strong school systems. "I tried to get in last year, but there were just too many other buyers," said Jeffers, a Livermore native. Some making profits And some investors who bought wisely are making profits. Stephanie Wedge, a San Jose real estate agent who also brokers property in Las Vegas, bought a house for $625,000 last May. She put the 5-year-old home on the market on Feb. 23 for $775,000, and she expected to get an offer the following week. "That's a really good turnaround," said Wedge, who also has reserved a condo in a yet-to-be built high-rise. "I think it depends on where the property is -- and this is in a gated, country club community." The continued pace of construction serves as an outward sign of the region's confidence. On a stretch of freeway south of the Strip, a sign reads "KB Home, Next 5 Exits." Adding more houses to a market already flush with them would seem to only exacerbate any stagnation in the market. But Dennis Smith, president of Las Vegas' Homebuilders Research Inc. pointed out the vast majority of new homes are presold. The market "is still in correction mode because of the high inventory in the resale segment,'' he said. "It will probably take at least six months for that to end." So, will what happened in Vegas, stay in Vegas? Schwer doubts Las Vegas' deceleration will bleed into the Golden State -- or any other state -- in part because Las Vegas growth rates were so far above the norm. Others say the arc of Las Vegas' recent experience may contain a hint of the Bay Area's future. While the nine-county region saw much lower price appreciation last year than Las Vegas -- an increase of about 17 percent -- Ed Leamer, a UCLA economist, contends that both regions are enveloped in a speculative frenzy. In Las Vegas, an oversupply of homes relative to demand may spell price declines. Back in the Bay Area, Leamer thinks rising interest rates will take some of the air out of the market as fewer people qualify to buy expensive properties -- though any correction would be far less dramatic than Las Vegas'. "Because the market has cracked in Las Vegas doesn't mean it's imminent in other areas," Leamer said. "But it gives you a sense of what may happen in these areas in the face of rising interest rates." E-mail Kelly Zito at kzito@sfchronicle.com . Page A - 1 Get up to 50% off home delivery of the Chronicle for 12 weeks! MARKETING Compelling writer? Action 36 Cable 6 (KICU-TV) MECHANIC SF tugboat co POKER Expert poker player needed REAL ESTATE Sales *FREE TRAINING! Prudential CA Realty SALES Can you sell the President? IPA SALES Benefit package AGI Publishing SALES $125K PLUS In-Home Kitchen Kitchenworks, Inc. 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Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org

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Fannie Mae Home Page Our Business Is The American Dream Search Home Fannie Mae News Media Initiatives Issues & Commentary Translated Documents About Us About Fannie Mae Corporate Governance Investor Relations Diversity & Inclusion Careers For Business Partners Affordable Housing & Community Development Single-Family Multifamily Tools & Resources Debt Securities Mortgage-Backed Securities For Home Buyers & Homeowners Homepath Find a Mortgage Find a Lender Search Resources Headlines Highlights Fannie Mae Board Appoints Beth Wilkinson as General Counsel and Bill Senhauser as Chief Compliance Officer December 20, 2005 Read More 2006 Single-Family Mortgage Loan Limits to $417,000 November 29, 2005 Fannie Mae announces that it will increase its single-family mortgage loan limit to $417,000 for 2006 in the continental U.S., and $625,500 in Hawaii, Alaska, Guam and U.S. Virgin Islands. Read More Fannie Mae Board Appoints Robert T. Blakely as Chief Financial Officer and Announces Other Key Executive and Board Changes as Company Files Form 12b-25 with SEC November 10, 2005 Read More Fannie Mae Announces Third Quarter 2005 Investor/Analyst Conference Call Fannie Mae hosts its Third Quarter 2005 Investor/Analyst Conference Call for the investment community on November 10, 2005 at 8:30 a.m. Eastern Time. Investor/Analyst Conference Call Read More Fannie Mae Announces Fourth Quarter Common and Preferred Stock Dividends; Company Maintains Common Stock Dividend of Twenty-Six Cents Per Share October 18, 2005 A dividend of 26 cents ($.26) per share will be paid on November 25, 2005 to registered holders of common stock as shown on the books of the corporation at the close of business on October 31, 2005. Dividend payments on preferred stock will be made on January 3, 2006 to registered holders of preferred stock as shown on the books and records of the corporation at the close of business on December 15, 2005. Read More Fannie Mae Prices New Issue 2-Year Benchmark Notes ® December 21, 2005 New issue 2-year Benchmark Notes ® due January 15, 2008. Read More Fannie Mae Releases "Housing Solutions" The publication describes how Fannie Mae's mortgage initiatives, investments and business strategies are designed to help mortgage lenders and other housing partners expand affordable housing. Read More Statement from Stephen B. Ashley, Chairman of the Board, Fannie Mae Fannie Mae and OFHEO have entered into a supplemental agreement that represents the next step in Fannie Mae's cooperative effort to address issues raised by OFHEO in its ongoing review of the company. Read More Our Role in Expanding Responsible Lending Fannie Mae is working in local communities throughout the nation to help develop solutions to promote responsible lending. Read More Our Commitment to Minority Homeownership No company in America is more committed to expanding minority homeownership. Read More Fannie Mae Sites eFannieMae.com To conduct business with Fannie Mae, visit our business-to-business Web site, eFannieMae.com. Read More Resource Sites Fannie Mae Foundation Revitalizing neighborhoods and creating affordable housing opportunities for over 20 years. Read More Homeownership Alliance Dedicated to preserving, promoting, and expanding housing opportunities. Read More ©1998-2005 Fannie Mae Contact Us FAQ Site Map Advanced Search Privacy Legal