Teton Realty Blog

Teton Region Real Estate Market Stats, Articles & News

CC&R’s, what you need to know

By Leave a Comment

CC&R’s, short for covenants, conditions, and restrictions are basically written and recorded rules of the neighborhood or subdivision. It’s important that these rules be recorded to make them binding and enforceable. They should also conform to all laws as well as local government regulations and requirements. When it comes down to a dispute with a lot or homeowner, it’s important for the subdivision to have CC&R’s that have been written and recorded correctly.

The purpose for these restrictions is to ensure conformity in a subdivision. Most of the rules are just long winded ways of saying that you have to keep your lawn mowed and weed free. Some developments have stricter rules than others. Some require certain design aspects when constructing a new home, where you can and can’t park a trailer, and so on. For the most part however, the rules are considered to be for the good of the neighborhood.

When working with Buyers, I often have requests to spefically look at lots without these restrictions. Sometimes it’s only because they want to build a house smaller than what they assume most developments would allow. However, based on that example, there are a number of developments that require a minimum of only 900 square feet, which is pretty minimal. Some developments are even along Ski Hill Road surprisingly. When searching for a home or a piece of land based on your special needs prohibited by most restrictions, it’s important to remember that all CC&R’s are not the same. Some are only a few pages long, with very few restrictions. All of the above considered, don’t rule out being in a subdivision if you can help it. Consult with your agent, most experienced agents have an understanding of the general rules in each development. Another way to explore subdivision opportunities is to take a drive around the development. Usually, if all of the homes have trailers on the side of the house or in the driveway, trailers are allowed. If all of the homes have metal roofs, you might find out if a comp shingle roof can be used. Use caution however, this is not a guaranteed way of understanding what is or isn’t allowed.

You might ask yourself how or who to contact with some of these questions. Our brokerage can usually get you an electronic copy of the CC&Rs for free, any time. If we have it on file, we can also send you contact information for the homeowner’s association (HOA) who would ultimately be responsible for enforcing the restrictions.

To conclude, be advised that CC&R’s are not the only way to restrict uses or enforce rules with a property. Even a piece of land or a home that is not located within a subdivision can still carry deed restrictions which works similarly, though I will cover those in another Ask The Expert” column!

I’m thinking about building a “small house” what are my options?

By Leave a Comment

In a way, I manufactured this question. It’s been a huge topic lately. I have interviewed for some local magazine articles, as well as visited with developers, regional planners, etc. I also have quite a few customers with a small house in mind. Various reasons range from lifestyle to budget, not to mention small houses seem to be trendy at the moment. There are tons of plans available online, and a few of the local architects have similar interests, and can design these small homes for a very reasonable price. Also, there are some local companies who are doing some extraordinarily luxurious modular type small houses.

So, what are your options? It depends on a couple of factors, how small is “small”? There are a number of subdivisions and developments within Teton County that have a minimum size requirement of 900 to 1000 square feet. If this is your idea of small, then all it will take is a real estate agent that is well versed in knowing all of the developments or quick to review the CC&R’s for each development. You might be surprised how many lots are available, some even with community water hookups.

How about 400 or 500 square feet? This gets a little more tricky. A few of the older developments used to have very small size requirements such as this, but the restrictions have been amended over the years to require a larger home. Just 10 years ago, small homes weren’t really a thing. We were all building gigantic custom homes, and we didn’t really want to have a 900 square foot home next to our custom 5000 square foot home. I might be exaggerating slightly, but you get the idea.

One obvious workaround is to purchase a lot without any CC&R’s, or that is not in a subdivision. This can get tricky for a variety of reasons. First, these types of lots with “free rein” so to speak are gaining in popularity for those who want to have chickens, don’t like the idea of rules, or a variety of other reasons such as building a smaller home. Because they are gaining in popularity, demand is higher (supply is low to begin with) which is causing inflated prices. For those looking to build a small home because of the budget factor, this is essentially pricing them out. Other things to consider when buying a lot that is not in the subdivision is confirming that you can obtain a building permit for that parcel and checking costs for bringing in power, phone, the ability to hook up to water or sewer, or drill a well, and more. When you buy a lot within a development, it almost always has power and phone to the property, and the ability to hook up to or drill for water. This isn’t always the case with many of these parcels not in a development, which again adds to the cost to bring these utilities to the building site.

Another possible work around, and possibly a way to tick off your neighbors, is to find a development that allows a small guest house, but does not require that you construct the main house first. Obviously, this can cause some friction with the Homeowner’s Associations. Just because the CC&R’s read one way doesn’t mean it was the intent of the developer another way. It can be a sticky situation.

In a nutshell, I would first recommend that you spend some time in a small house, and consider the price difference between building something that conforms with a subdivision’s requirements, versus going all-out miniature. Pulling out your murphy bed everyday for the rest of your life may get old, even though it seems like a good idea today. Closet space, storage, pantry space and laundry areas are all things that are usually reduced in size or forfeited altogether – combine this with ski boots, your new bike, and a Golden Retriever, it gets pretty tight.

On another note, not that we need any new development, but how about amending restrictions on some of these vacant subdivisions to allow for  these “small houses”? Food for thought!

What is the difference between a BPO and appraisal?

By Leave a Comment

First of all, what the heck is a BPO? A BPO is a “broker’s price opinion”. You might also see BOV (broker’s opinion of value) CMA (comparative market analysis) or other forms of the same basic meaning. The broker is usually simply considered a real estate professional with expertise in the area. What is an appraisal then? An appraisal is an appraiser’s opinion of value. (no, I don’t think they usually abbreviate) since we know what a broker is usually defined as, a real estate appraiser is usually defined as a professional who develops an opinion of value on a specific type of property. Sound like the same person? Yes, but it is not.

So, back to the question at hand, what is the difference?

While any old real estate agent can compare recent sales (often called comps or comparables) and develop an opinion of value for someone, it usually cannot be used by a bank or lender to verify a property is worth or what someone is willing to pay for it. In fact, most real estate agents are not even allowed to be compensated for a BPO, usually only the responsible broker of an office can be compensated. However, most good brokerages will provide market analysis and opinions of value for free. (ahem).

On the other hand, a real estate appraiser is obligated by federal law to be state licensed or certified. That involves acting as a trainee for a certain number of hours, (yes, appraisers must train their own future competition) becoming a licensed appraiser, and becoming certified for specific applications. Just like a real estate agent, appraisers are required to complete many hours of education and continuing education for their profession. An appraiser is an unrelated party to a real estate loan, usually in place to protect the lender.
So, can a real estate agent performance appraisal? No! Unless that real estate agent is a licensed appraiser. Can a real estate agent give you an opinion of value for your property? Sure! But it cannot be considered an appraisal.

I have been trying to find someone to owner finance or lease to own, why is it so difficult around here?

By Leave a Comment

I’m glad you mentioned owner finance and lease to own in the same question. In a way, they’re the same thing. a summary of each;
-Owner finance is possession upon closing, usually in the form of a deed of trust. This works the same as getting a loan and buying a home, except the owner collects the payments. Usually the owner will collect payments through a third party such as a title company and a long term escrow. This way, your insurance and taxes are typically included in the mortgage payment to protect the seller from a disaster or tax foreclosure.
-A lease to own is not considered possession upon closing, but exactly how it reads, leasing until either obtaining finance by the bank, the owner, or cash at the end of the lease term. typically a portion of the lease payments would apply to the purchase price in this event.

Now, why aren’t they very popular? I think the best way to understand this is pros and cons of each. Not only that, but there are pros and cons for each the seller and the buyer, which are sometimes conflicting. In the owner finance situation, the buyer has an opportunity to recover poor credit, and purchase a home today at (presumably) a lower price. On the conflicting inside, the seller is (presumably) selling the home for a lower price today to a buyer with potential credit problems and not receiving a full cash payment to invest elsewhere. Of course in return for this, the seller will be making a return on the interest rate. That interest rate must be sufficient to cover a higher return than the seller would make investing the full cash investment elsewhere today. This might sound weighted towards disadvantages for the seller only, but there are other disadvantages for the buyer. The biggest disadvantage to the buyer in my opinion is the lack of inventory. We are already in short supply, and even shorter, approaching nonexistent supply for owner finance. That means the buyer has very little to choose from, and may be stuck with a home they really don’t want, or can’t afford just to make the terms of the owner finance work. The buyer must determine if this is the only route, even after credit recovery, the buyer can take.

With regards to the lease to own situation, this is very similar. However, the buyer may not have credit issues, but simply wants to learn about the area before moving into a purchase. Though the risk might be minimized on the credit aspect for the seller, the other terms remain the same. Even worse, they don’t have the initial cash deposit they would with the owner finance, which would come usually in full payment after the end of the lease term. Moreover, the same inventory and choice issues remain the same for the buyer. The buyer is looking for a home they will enjoy leasing, and living in, all in one. Where neither opportunities are common, this drastically reduces the availability in the number of homes to choose from, both for rent and for sale. In this circumstance I would advise the buyer to find a more affordable rental option, and keep their options wide open for a purchase after their lease is up and they have determined they want to live in the area.

On a final note, market conditions can drastically change the amount of inventory. With the two real estate markets in recent history though, it has not. In the wake of the downturn, a number of sellers had mortgages that far exceeded market value. They did not have the option to owner finance because even the initial or final payment would not recover their initial investment. Remember, in most cases an owner can only owner finance if they own the real estate out right. In today’s recovering real estate market with low inventory and supply, it simply does not make sense for a seller who can easily sell their home at market rates today, without the hassle of going through the owner finance situation. Since other markets are also doing reasonably well, the cash they would receive on a full purchase sale could be reinvested at a substantial return.

There are circumstances I did not touch on in this article. If you find yourself in this situation as a buyer or seller, and would like any free advice, don’t hesitate. Also remember to keep your eye on the Teton Valley Realty blog for other information on the topics above!

Recent Testimonials

Teton Valley Realty