Texas Housing Insight – April 2020

Here is the April 2020 Summary from Texas A&M Real Estate Center.

Texas Housing

Total Texas housing sales declined 17.6 percent in April amid economic uncertainty surrounding the COVID-19 pandemic. Showings of homes for sale were not explicitly prohibited by the month-long statewide stay-at-home order, but potential buyers and sellers were certainly more reluctant to host and attend in-person tours and open houses. Nevertheless, demand remained stable as the average days on market slid to 57 days, although loan applications for home purchases decreased while lenders implemented stricter lending standards.

On the supply side, both housings starts and building permits plunged more than 20 percent despite construction being considered an “essential” business under the statewide mandate. Median home-price appreciation decelerated but remained positive as corroborated by the Texas Repeat Sales Home Price Index. The coronavirus outbreak is the greatest threat to the Texas housing market since the 1986-90 recession via disruptions to buyer and seller confidence, the negative income shock, and wariness of visiting and showing homes for sale. The Real Estate Center, however, projects the rate of decline in single-family housing sales will slow in May relative to April.

Supply*

Contemporaneous and anticipated construction activity continued to fall during the coronavirus-induced downturn. The Texas Residential Construction Cycle (Coincident) Index, which measures current construction levels, sank to its lowest reading since 2017 as industry employment plummeted. Decreased building permits and housing starts offset falling interest rates, pulling the Residential Construction Leading Index down to levels around those last seen in January 2007.

As economic uncertainty ramped up due to coronavirus concerns, single-family construction permits nosedived 22.2 percent. Nevertheless, Texas remained the national leader with Houston and Dallas issuing 2,829 and 1,856 nonseasonally adjusted permits, respectively, despite declining about 25 percent. Other locales registered more moderate decreases between 11 and 17 percent, but San Antonio permits fell for the sixth consecutive month to 632. Austin issued 1,618 permits, double the per capita statewide rate, while Fort Worth posted 1,002. On the other hand, Texas’ multifamily permits improved for the second straight month, increasing 16.1 percent.

Total Texas housing starts fell more than 20 percent to a year-and-a-half low as building activity slowed under social distancing rules. Meanwhile, single-family private construction values dropped 26.9 percent in April to a seven-year low after adjusting for inflation. Every major metro registered a steep decline, with San Antonio values contracting by a third. Houston’s metric sank 22 percent after flattening the previous month, while Austin and DFW values decreased for the second straight month. Single-family construction, however, is expected to rebound in the coming months as housing demand remains relatively stable.

The state’s supply of active listings fell to its lowest level year to date (YTD), offsetting plummeting sales and pulling Texas’ months of inventory (MOI) down to 3.4 months. A total MOI around six months is considered a balanced housing market. Inventory for homes priced less than $300,000 (where four-fifths of total sales take place) slid to 2.7 months. On the other hand, luxury home inventory (consisting of homes priced more than $500,000) ticked up for the first time in eight months as falling sales outweighed a decline in the supply of active listings. So, despite falling sales, the overall market remained relatively tight and in short supply.

On the metropolitan level, the Houston MOI registered the greatest drop but remained above the statewide level at 3.6 months. North Texas inventory flattened at 2.7 and 2.5 months in Dallas and Fort Worth, respectively. San Antonio’s MOI increased slightly to 3.3 months, while Austin’s metric reached 2.1 months. Most of the expansion happened in the higher price ranges. 

Demand

With COVID-19 impacts well underway, total housing sales dropped 17.6 percent in April to their lowest level since 2015, decreasing in every price cohort. Homes priced less than $300,000, however, accounted for two-thirds of the decline, corresponding to the sales composition. Texas sales decelerated from a double-digit pace in the first two months of the year relative to the same period in 2019 to just a 1.5 percent clip when comparing the first four months of the year.

Sales activity in the Metropolitan Statistical Areas (MSAs) declined at a faster rate than the previous month, with Austin and Houston sales volumes falling by a fifth. Sales plunged 18.7 percent in DFW, largely due to decreases in the $200,000-$300,000 price cohort. San Antonio was the only major metro to not register reductions across the price spectrum as homes priced from $400,000-$500,000 reached an all-time high. However, the MSA’s total sales still slid 14.3 percent.

Despite massive layoffs across the state, housing demand remained healthy as Texas’ average days on market (DOM) extended a year-long downward trend, sinking to 57 days. Some of this resiliency may reflect disproportionate job losses occurring at the lower-end of the earnings spectrum which primarily consists of renter households. Austin’s metric slipped to its lowest level in five years at 47 days, while the San Antonio DOM inched down to 59 days. The average home in Houston sold after 59 days, stabilizing around its year-ago level. Demand softened slightly in North Texas as the DOM ticked up to 52 and 44 days in Dallas and Fort Worth, respectively but remained strong compared with the statewide average.

Ongoing concerns, such as the global coronavirus pandemic and critically low oil prices, pulled interest rates down in April. Both the ten-year U.S. Treasury bond yield and the Federal Home Loan Mortgage Corporation’s 30-year fixed-rate dropped to their lowest readings on record at 0.7 and 3.3 percent, respectively. Despite the former reaching a series low, mortgage applications for home purchases decreased for the third straight month plummeting 28.5 percent YTD amid coronavirus-related disruptions to the housing market and stricter lending standards. Applications to refinance home loans fell 13.2 percent in April but maintained positive YTD growth after doubling since year end in the first quarter. However, Center staff expects applications volumes to recover in the coming months assuming housing demand remains stable.

Prices

The Texas median home price flattened at $247,400, posting its lowest annual growth rate this year at 4.2 percent. Austin’s median home price sank to $316,400 after double-digit YOY hikes the previous two months when the proportion of homes priced more than $300,000 exceeded 60 percent for the first time ever. Home-price appreciation in Dallas and Houston also decelerated to around 3 percent, with the metric hovering around $296,700 and $248,800, respectively. On the other hand, YOY growth in Fort Worth and San Antonio accelerated, pushing the median price up to $252,900 in the former and $240,600 in the latter.

The Texas Repeat Sales Home Price Index, a better measure of changes in single-family home values, provides insight into how Texas home prices evolve. The index indicated home price appreciation decelerated in April on both the state and metropolitan levels. Texas’ index rose just 3.6 percent YOY, with the larger locales sliding well under the statewide average. The Dallas and Houston metrics increased only 2.3 and 2.6 percent, respectively. Austin’s index maintained the highest annual growth rate of 6 percent. The Fort Worth and San Antonio indices slowed to 3.8 and 3.2 percent YOY growth, respectively, contrasting median home price data. Favorable housing affordability relative to other parts of the country supported the Lone Star State’s economic growth after the housing bubble burst a decade ago. Texas needs to maintain affordability for the housing market to remain a stalwart in the current recession and subsequent recovery.  

The Real Estate Center projected single-family housing sales using monthly pending listings from the preceding period (see Table 1). Only one month in advance was projected due to the uncertainty surrounding the COVID-19 pandemic and the availability of reliable and timely data. Although activity is expected to worsen, the rate of decline decelerated at the statewide level, from a 13.6 percent decrease in April to an anticipated 10.1 percent decrease in May. The drop in single-family sales in DFW and Houston is also expected to slow with the metric falling 10.4 and 7.4 percent, respectively. Central Texas, on the other hand, contradicted the overall state trend as the sales are estimated to plummet at a faster rate in May, 17.6 and 11.0 percent in Austin and San Antonio, respectively, relative to the previous month.

* All measurements are calculated using seasonally adjusted data, and percentage changes are calculated month over month, unless stated otherwise.

Source – James P. Gaines, Luis B. Torres, Wesley Miller, Paige Silva, and Griffin Carter (June 11, 2020)

https://www.recenter.tamu.edu/articles/technical-report/Texas-Housing-Insight

Definitions and Rules of a Deferred 1031 Exchange

1031 Exchange
An event where a taxpayer exchanges or trades real property held for investment or used in a trade or business for other real property and defers the capital gains tax on the transaction.

Tax Deferred
The capital gains tax which would have been paid on the sale of the real property is not paid but is deferred to be paid at a later time when the property traded for is sold in a non-exchange sale.

Property Held for use in a Trade or Business
Any real property used by a taxpayer in its business. This could be an office building, warehouse, ranch, shop, garage, farm, etc.

Investment Property
This is real estate purchased to produce an investment income or an investment gain on resale. It can include, but is not limited to apartments, a rent house or raw land.

Like-Kind Property
In the exchange world, “like-kind” does NOT mean you must exchange an apartment project (investment property) for another apartment project, or raw land for raw land, it means that you must exchange real estate for real estate. This permits, within the categories of “held for investment” or “used in your trade or business”, the exchange of apartments for land, or office buildings for apartments, etc., as long as the old properties sold and the new properties acquired are either held for investment or used in a trade of business. The property sold and the property acquired do not have to be exactly alike, they just have to be real estate and fall in the category of “held for investment” or “used in your trade or business”.

Relinquished Property
Relinquished Property is the real estate held for investment or use in your trade or business which is sold or “relinquished”. Think of the Relinquished Property as the property being sold and the Replacement Property as the real property being acquired.

Replacement Property
Replacement Property is the real estate acquired by the taxpayer/seller in a 1031 exchange as replacement for the relinquished property.

Exchange Proceeds
The cash received by the Qualified Intermediary through the sale by the taxpayer of the Relinquished Property and any debt paid on the property sold. In order to defer all of the tax on a sale you must spend all of the cash proceeds received or more if you want to and you must borrow the same amount of money or more if you need or want to that was used to pay off any loan or loans on the property sold. You will pay the tax on any cash proceeds not used to buy Replacement Property or any loan paid off in your sale that was not replaced with same or greater payoff amount of loan on the Replacement property.

The 45-Day Rule
You must identify by written notice (signed by you) to your Qualified Intermediary the Replacement Property or Properties (you can identify more than one possible Replacement Property) you want to buy within 45 days after you close the Relinquished Property. Do not count the date of closing; count 45 days after the closing date and that is the end of the “Designation or Identification Period” – the true end, whether it’s a Saturday, Sunday or any legal holiday. Better get this part completed on that date as a minimum. Before that date is better. After that date, your exchange may be disqualified.

The 180 Day Rule
You must close, fund, and acquire (do it all) the Replacement Properties within 180 days after you close the Relinquished Property. Do not count the date of closing; count 180 days after the closing and that’s the “drop-dead” date to completely acquire the Replacement Property – the true end, whether it’s a Saturday, Sunday or any legal holiday. Better complete this part on this day as a minimum. Before that date is better. After that date, your exchange may be disqualified.

Three Property Rule
Try to designate three Replacement Properties or less to purchase, generally, because if you stay with three or less, you don’t have to worry with anything other than being sure it is like-kind property. If you designate four or more, then you must deal with the “200% Rule”.

The 200% Rule
This rule only comes into play if you designate more than three properties as possible Replacement Properties. If you do, add up the “fair market values” of all the properties designated and be sure that this aggregate number is not more than the gross sales price of the Relinquished Properties times 2. If it is more and you don’t fall within the “95% Rule”, your exchange is outside the safe harbor and may fail.

 The 95% Rule
This is an exception to the consequences of violating the 200% Rule, which applies if you violate the “Three Property Rule”. If your sum of the fair market values of more than three Replacement Properties is greater than two times your sales price of the Relinquished Property, you are still “safe” if you acquire 95% in value of these designated properties, which means that you really need to buy all of the Replacement Properties you designated.

Exception to the 180 Day Rule
You don’t get 180 days to complete the exchange if you have to file your Federal income tax return for the year in which your relinquished property sold before the 180th day. If your tax return for the year in which your relinquished property sold is due on April 15th and your 180th day falls in May, you have to complete your acquisition of the replacement property before April 15th even if there are more days left in the 180 day time frame. BUT, if you file an extension to your tax return, then this exception doesn’t apply. Remember to file the extension if you are in this situation.

Direct Deeding
1031 Exchange allow Direct Deeding, making it all much simpler. In previous years, the exchange taxpayer deeded the property to be sold to the Qualified Intermediary who would then deed to the buyer of the Relinquished Property, and the seller of the Replacement Property would deed to the Qualified Intermediary who would deed to the exchange taxpayer. You don’t have to do this anymore. You can deed the Relinquished Property directly to your buyer, and receive the Replacement Property deed direct from the seller.

For more information on 1031 Exchange, please reach out to our Texas Escrow Company team:

Bill Kramer
Executive Chairman
214.855.8850
[email protected]

Helen Wooten
Exchange Assistant
214.855.8879
[email protected]

Disclaimer: This information is a summary of some of the common terms involved with 1031 deferred tax exchanges. Do not rely on this summary alone to make an exchange decision, or think that there isn’t much more involved than what is described in these simple definitions. Exchange decisions should be based on conversations with a tax advisor, an accountant, a Qualified Intermediary, and a tax attorney.

Top 5 Reasons to Refinance Your Home Right Now

With interest rates at all-time lows, now is the time to consider refinancing.  Did you know there are title policy discounts available to some homeowners when refinancing?  There is! Here are the top 5 reasons to refi now.

LOW RATES

Mortgage interest rates are at an all time low and are currently averaging at 3.25% but can be as low as 2.5% for some!

SAVE MONEY

Securing a rate 1-2% lower than your current mortgage can save you hundreds of dollars a month.

PAY DOWN / PAY OUT

Alleviate the burden of high interest debt by refinancing your loan with a new, lower rate or shorter term loan to potentially save thousands of dollars over the course of your loan.

AVAILABLE TITLE POLICY CREDITS

If the loan you will be refinancing is a previously insured loan that is less than 4 years old you may be entitled to a 50% credit on the cost of the new title policy. If the loan being paid off is between 4 and 8 years old you may be entitled to a 25% credit on the cost of the new title policy.

REMODEL OR MAJOR ONE-TIME PURCHASE

Take advantage of the equity you have in your home to
take out a home equity loan for that remodel you’ve been
thinking about for years or for a major one-time purchase.

For more information on refinancing, or to discuss your options contact your local lender.  If you have questions about title insurance and fees contact your local Republic Title Office.

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April 2020 DFW Area Real Estate Stats

The April 2020 DFW area real estate statistics are in and we’ve got the numbers! Take a look at our stats infographics, separated by county, with MLS area stats on each county report as well! These infographics and video are perfect for social sharing so feel free to post them!

To see past month’s reports, please visit our resources section here.

For the full report from the Texas A&M Real Estate Research Center, click here. For NTREIS County reports click here.

The Census and North Texas Real Estate

What is the census?

The 2020 census aims to count every living person in the United States and five U.S. territories. In mid-March, homes across the country began receiving invitations to complete the 2020 Census. Once the invitation arrives, you should respond for your home in one of three ways: online, by phone, or by mail. When you respond to the census, you’ll tell the Census Bureau where you live as of April 1, 2020.

Why is the census so important?

Responding to the census largely affects the amount of funding your community receives, how your community plans to allocate those funds, and the amount of representation your community receives in the government. Results from the census determine the distribution and allocation of $675 billion in federal funding to hospitals, schools, libraries and housing programs, among others.

How does the census affect real estate?

Results are especially important for REALTORS as the data will inform the federal government about housing needs, demands, and trends. It also helps real estate investors decide where to build new homes, businesses and improve various neighborhood aspects. Ensuring a correct counting of the number of people in the state of Texas helps to provide billions of dollars in infrastructure funding as well as multiple congressional seats. Responses from this census will help produce statistics about homeownership and renting, data which serves as one indicator of the nation’s economy.

At Republic Title we want to help insure that all of our customers elect to be counted in the census and want everyone to know that your personally identifiable information is protected by law and cannot be shared outside of the Census Bureau.

Additional Census Resources

For more information on the census, visit www.2020census.gov

Thanks to our friends at Collin County Association of REALTORs who made videos in 26 different languages explaining the census. https://www.ccar.net/census/

 

Sources: http://2020census.gov , https://www.nar.realtor/ , http://texasrealestate.com

 

Texas Housing Insight – March 2020 Summary

Here is the March 2020 Summary from Texas A&M Real Estate Center.

 



Please note this review does not account for the impacts of the COVID-19 outbreak but reflects the market through March 2020.


With half the month affected by the domestic coronavirus outbreak, total Texas housing sales decreased 4 percent in March, but still resulted in moderate first quarter growth. This decline does not bode well for second quarter home sales, when shelter-in-place and stay-at-home orders were implemented, increasing the reluctance of potential buyers and sellers to visit and show homes for sale. Supply-side activity decelerated amid uncertain economic conditions, but average days on market indicated steady demand. Median home-price appreciation remained stable, corroborated by the Texas Repeat Sales Home Price Index. The coronavirus outbreak is the greatest threat to the Texas housing market since the 1986-90 recession via disruptions to buyer and seller confidence, the negative income shock, and wariness of visiting and showing homes for sale. Preliminary effects showed in the March data with more significant impacts almost certain to appear during the second quarter of the year.

Supply*

Contemporaneous and anticipated construction levels took a step back in March after reaching post-recessionary highs the prior month, signaling a coronavirus-induced downturn. The Texas Residential Construction Cycle (Coincident) Index, which measures current construction levels, declined due to industry wage and employment cuts. Decreased building permits and housing starts offset falling interest rates, pulling the Residential Construction Leading Index down.

According to Metrostudy, activity at the earliest stage of the construction cycle cooled as the number of new vacant developed lots (VDLs) in the Texas Urban Triangle declined 5.4 percent quarter over quarter (QOQ) after reaching a post-recessionary high in 3Q2019. Dallas-Fort Worth (DFW) and San Antonio VDLs fell for the second straight quarter, most notably in the $300,000-$400,000 price range. On the other hand, Austin’s VDLs exceeded its average in 2019 while Houston lot development surged to a record-breaking 10,700 amid accelerated activity in the lowest-priced cohort (homes priced less than $200,000).

Quarterly fluctuations in the major metros’ single-family construction permits reflected movements in VDLs. On a month-over-month basis, issuance slowed across the board, although Texas continued to lead the nation in nonseasonally adjusted permits on both the state and metropolitan levels. Houston and DFW topped the list, issuing 4,116 and 3,506 monthly permits, respectively. Austin ranked fifth after Phoenix and Atlanta with 1,869 permits, while San Antonio permits numbered 966. Meanwhile, Texas’ multifamily permits fell about 5 percent QOQ despite monthly improvements in March.

Total Texas housing starts normalized after skyrocketing the previous month, decelerating to 4.6 percent QOQ growth. In the single-family sector, Metrostudy data confirmed strong supply-side activity in Houston with a post-crisis record 9,000 homes breaking ground in the first quarter. Dallas and San Antonio single-family starts flattened to start the year after reaching post-recessionary highs the previous quarter. In Austin, starts showed signs of normalizing after rapid growth during 2019.

Following solid improvement to start the year, single-family private construction values dropped nearly 6 percent in March to end the quarter with modest growth. San Antonio continued to correct downward after a rapid climb during the second half of 2019. Austin construction values decelerated in 1Q2020, while Houston’s showed signs of flattening. Values in North Texas, however, accelerated 6.4 percent QOQ.

Decreased sales slowed the decline in Texas’ months of inventory (MOI), which settled at 3.2 months. A total MOI around six months is considered a balanced housing market. Inventory for homes priced less than $300,000 (where four-fifths of total sales take place) held at 2.5 months as a sizeable reduction in sales offset a downtick in the supply of active listings. In the luxury home market (comprised of homes priced more than $500,000), the MOI fell below 7 months but remained elevated compared to the lower-priced cohorts.

Movements in inventory levels differed among the major metros. The San Antonio MOI dipped to an all-time low of 2.9 months, while North Texas inventory slid below 2.5 months in Dallas and 2.3 months in Fort Worth. On the other hand, Austin’s metric ticked up above 1.7 months as fluctuations in the metro’s inventory for homes priced under $300,000 mirrored the state’s change. Houston registered broader increases for an overall MOI of 3.7 months with only luxury home inventory shrinking (but still exceeding eight months).

Demand

As COVID-19 concerns affected the showing and visiting of homes for sale, particularly during the last half of the month, total housing sales fell 4 percent in March with decreases in every price cohort. The monthly decline, however, was more palatable than the 10.2 percent national plummet. Moreover, Texas sales increased 2.2 percent QOQ, exceeding the countrywide growth rate of 1.4 percent.

Monthly resale transactions contracted in each of the major metros for a statewide drop of 3.3 percent, but changes in quarterly sales volumes differed. Dallas and San Antonio existing-home sales rose 4.9 and 3.5 percent QOQ, respectively, with the latter maintaining positive momentum. Houston also exhibited an upward trend albeit at a more moderate rate, increasing 1 percent QOQ. In Austin and Fort Worth, quarterly resale volumes fell flat.

In the new-home market, homes priced more than $300,000 accounted for the 2.1 percent QOQ increase in the Texas Urban Triangle. North Texas and Houston new-home sales surged 7.8 and 5.2 percent, respectively, with the latter recording improvement five quarters in a row. Momentum in Central Texas faltered as sales declined 1.5 and 7.2 percent in Austin and San Antonio, respectively, from post-crisis records at year end.

Ahead of the most serious coronavirus impacts, Texas’ homeownership rate rose to its greatest level since 2012 at 64.4 percent in 1Q2020, just one percentage point less than the U.S. rate. On the metropolitan level, all four major metros registered an increase in homeownership. Houston reached a post-recessionary high of 65.5 percent, while the San Antonio metric also exceeded the statewide average with 66.1 percent homeownership. In Dallas and Austin, homeownership was slightly lower at 62.6 and 58.9 percent, respectively. Homeownership rates could suffer as COVID-19 foreclosure-protection policies expire later this year.

Texas’ average days on market (DOM) flattened at 59 days, indicating still-healthy demand. Houston’s and Fort Worth’s DOMs steadied at their yearlong averages of 58 and 44 days, respectively. The San Antonio metric ticked up slightly to 62 days, but the average home sold after only 50 days in Austin and 51 days in Dallas. The downward trends confirmed robust demand despite falling sales.

The domestic coronavirus outbreak and falling oil prices pulled interest rates down in March. The ten-year U.S. Treasury bond yield dropped to 0.9 percent, while the Federal Home Loan Mortgage Corporation’s 30-year fixed-rate remained less than 3.5 percent. While applications to refinance home loans doubled in the first quarter, mortgage applications for home purchases fell 11.3 percent in March amid reduced showing and visiting of houses and an uncertain economic climate. Decreased home purchase mortgage applications may indicate a slowdown in sales in the coming months.

Prices

The Texas median home price rose to $249,000, a 5.8 percent YOY increase. Austin pushed the statewide metric upward, posting double-digit home-price appreciation for the second straight month as the median home price reached $337,200. In San Antonio, the median price accelerated 6.6 percent YOY to $241,000. However, home-price appreciation moderated in North Texas and Houston where the median prices remained below record highs. The Dallas metric hovered at $298,100 as Fort Worth’s and Houston’s declined to $249,000 and $249,400, respectively.

The Texas Repeat Sales Home Price Index, a better measure of changes in single-family home values, provides insight into how Texas home prices evolve. The index indicated more moderate annual home price appreciation of 3.8 percent, but the rate of change steadied, similar to the median home price. The same phenomenon was observed on the metropolitan level (growth rates for each metro’s median home price exceeded its respective index, but the pace trended in the same direction). Austin’s index maintained a rapid clip, rising 5.9 percent YOY. The Dallas and Houston indices also picked up, increasing 2.5 and 3.0 percent, respectively. Growth in Fort Worth’s and San Antonio’s indexes slowed but remained slightly elevated at 3.6 and 3.4 percent, respectively. Favorable housing affordability relative to other parts of the country supported the Lone Star State’s economic growth in the years following the burst of the housing bubble a decade ago. Texas needs to maintain affordability for the housing market to remain a stalwart in the impending recession and subsequent recovery.  

The data reported here reflect only preliminary COVID-19 impacts on the Texas housing market, although the Saudi-Russian oil price war greatly affected the energy commodities and related employment in March. The anticipated events of the next few months and the revised economic expectations for the second half of the year will overshadow recent optimistic conditions. The government stimulus bill signed late in March allowing forbearances on federally backed mortgage loans, moratoriums on evictions, and direct financial payments to Americans earning within an income threshold will aid current homeowners, but is unlikely to spur additional, immediate-home sales.

The Real Estate Center forecasted single-family housing sales using monthly pending listings from the preceding period (see table). The Center projected only one month in advance due to the uncertainty surrounding the COVID-19 pandemic and the availability of reliable and timely data. In April, statewide sales are expected to fall by more than three times as much as during March, plummeting 14.4 percent. Austin and North Texas activity may act similarly. Houston and San Antonio single-family sales, however, are predicted to nosedive around 17.4 and 12.2 percent next month after relatively moderate decreases of 3.0 and 3.5 percent, respectively, in March.

________________

* All measurements are calculated using seasonally adjusted data, and percentage changes are calculated month over month, unless stated otherwise.

Source – James P. Gaines, Luis B. Torres, Wesley Miller, Paige Silva, and Griffin Carter (May 11, 2020)

https://www.recenter.tamu.edu/articles/technical-report/Texas-Housing-Insight

 

Spotlight On: Texas Escrow Company

If you have real property for sale, which is used in your trade or business, or is held for investment, you may be eligible to defer the capital gains tax when the property is sold by utilizing a deferred 1031 Exchange. In order to receive this tax treatment, you should contact a Qualified Intermediary, like Texas Escrow Company, a subsidiary of Republic Title of Texas, Inc., and complete the documentation necessary to create your exchange before you close the sale of your property.

The property sold needs to be real estate that you have held for investment or used in your trade or business, such as an office building or rent house. Vacation homes for your personal use, or your personal residence, do not qualify for this tax treatment. You should consult your accountant or attorney for advice on the utilization of a 1031 Exchange, especially if your accountant files your income tax return. It is important that the person filing your income tax return agrees that the exchange achieves the tax deferral you want. Your accountant can also estimate the tax payable on your sale so you can evaluate whether you want to do a 1031 Exchange. The 1031 Exchange only defers the capital gains tax (long or short term) on the sale of real property by purchasing replacement real property of an equal or greater value than the property sold.

Using exchange funds to purchase like-kind replacement real property for an investment, or use in your trade or business, and then later selling that replacement property in another 1031 Exchange to purchase other replacement property, will continue to defer the capital gains tax, plus any additional gain that might accrue by virtue of an increased value of the replacement property. In many cases, once you start exchanging real property, you need to continue using 1031 Exchanges to purchase real property if you wish to continue deferring the capital gains tax. When you sell the replacement property without using a 1031 Exchange, capital gains taxes will be due.

We suggest that you review the supplemental Definitions and Rules of a Deferred 1031 Exchange which is written in easy to understand language to familiarize yourself with some of the terms and rules, that are involved in a 1031 Exchange. All the definitions and rules of a deferred 1031 Exchange should be discussed with your tax advisor, accountant, attorney and a Qualified Intermediary before you do any exchange transaction. The rules encompass all kinds of situations and we repeat that it is imperative to consult with your tax advisors and a Qualified Intermediary about the transaction you have in mind before you sell and, in some cases, before you even contract to sell.

For more information on 1031 Exchange, please reach out to our Texas Escrow Company team:

Bill Kramer
Executive Chairman
214.855.8850
[email protected]

Helen Wooten
Exchange Assistant
214.855.8879
[email protected]

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Taking Fear Out of a Fearful Market

As business continues to shift each day and we are all working in this new normal, we asked Shaun Neidigh, Vice President/Business Development for a sneak peek at his new Mind Over Market class where he discusses fears in the market and how to overcome the six roadblocks that might be holding you back.

Mind Over Market with Shaun Neidigh

Real Estate can be a rollercoaster for many of the people that call it their career. For many of us, the rollercoaster ride does not come from the market itself but rather how we adapt to the changes it brings. As we all know, there are many reasons why change happens in the real estate market. When talking to our peers in real estate, one major theme that came up repeatedly when discussing change was the element of fear.

Let’s start by identifying what fear really is. According to Dictionary.com, fear is defined as an unpleasant emotion caused by the belief that someone or something is dangerous, likely to cause pain, or a threat. Many people believe there are two distinct types for fears, real fear and physiological fears also known as phobias. Specifically for this article we are focusing on physiological fears and how they can control the decisions and direction of our real estate career.

While researching this topic to develop our Mind Over Market class, we interviewed several Realtors and were able to come up with six specific areas, or roadblocks, that agents seemed to struggle with that had a direct impact on their business.

  • Fear of the contract
  • Fear of talking to people
  • Fear of no business
  • Fear of too much business
  • Fear of competition
  • Fear of having a difficult decision

In our class Mind over Market, we go into great detail on these six roadblocks and how each one can impact all levels of experience for both individual real estate agents and large teams. We look at how developing daily task regiments and the idea of “living by your calendar” can help organize your mind and take some of the anxiety out of the things we can and can’t control. We highlight the use of your relationships (especially when you are new to the business) and how those relationships can blossom into partnerships for a long career in real estate. Finally, we discuss the tools available to real estate agents that if put into practice can set the stage for true success no matter what type of market is given to us.

At Republic Title, we want to be a resource for your success. Our Mind Over Market class is one of many educational opportunities that we provide to help you take your business to the next level. To learn more about this class or any others, please reach out to Republic Title’s Education Department at [email protected].

Republic Title completes their 100th RON in 2020

Republic Title is proud to announce that we have completed 100 Remote Online eClosings in 2020.

What is a Remote Online eClosing and how does it work? 

Remote Online eClosing takes place…wait for it…online! The signer and the notary need not be in the same room, or even in the same state!

This type of eClosing allows all parties to be remote and perform the closing through videoconference via a webcam. All documents are signed and notarized electronically during the videoconference. This is the most highly regulated type of eClosing, and special commissions are required to electronically notarize documents. Remote online eClosings are very popular and useful for the seller side of the transaction since, in most cases, there are no loan documents involved for the seller.

Republic Title has completed these 100 Remote Online eClosing through eVolve, our newest digital settlement and signing services division, which provides an alternative closing experience for sellers, buyers and real estate agents.  eVolve’s approach is to provide a completely digital real estate closing process from start to finish, through the delivery of title and escrow services by way of secure collaboration and Remote Online eClosings.

eVolve has been operating in the Dallas/Fort Worth, Texas market for the past 12 months and will allow Republic Title to handle digital transactions in every major market in Texas (including Austin, San Antonio and Houston).

Top COVID-19 Contract Questions and Answers

Title companies are, by definition, an “Essential Business.” We are open for business, processing and conducting closings. At Republic Title, we are offering many low-contact and no-contact closing options to help our customers continue to close real estate transactions, while also supporting the health of our customers, our employees and the communities in which we operate, including Remote Online Notarization, drive-up signings and regular mail and expedited delivery services. We have taken a number of other steps as well, including:

  • Conducting most closings and/or meetings by appointment only
  • Asking that non-essential parties refrain from attending closings and/or meetings
  • Making hand sanitizer available in our branch offices
  • Wiping down our closing room tables and chairs after each closing
  • Providing new pens for each signing and encouraging clients to keep the pens once the closing is completed
  • Providing separate closing rooms, if available
  • Promoting best practices for personal hygiene and workplace cleanliness to employees
  • Restricting non-essential travel as well as employee attendance at industry conferences and events
  • Directing any employee with symptoms of illness to stay home.

Question: Is there a termination provision in the TREC 1-4 contract that covers the COVID-19 pandemic?

Answer: No. There is not a provision that covers a pandemic. We received a few inquiries asking about paragraph 14 of the TREC 1-4 contract and if that paragraph covers the current pandemic situation, and the answer is no – paragraph 14 contemplates storm or fire related damage to the property, not a pandemic. If a client has any questions as to what constitutes a casualty loss, they should speak to their own attorney.

Question: There is now a COVID-19 Addendum issued by TXR, can you give us the highlights?

Answer:  In short, the COVID-19 Addendum outlines certain contingency plans to either extend the closing date or terminate the contract. If it appears that the closing date is not feasible because of voluntary or mandatory quarantine or there is a closure, the parties can extend the closing date for a period of 30 days.

Question: Can the COVID-19 Addendum be attached to existing contract or does it only apply to new contracts?

Answer: The Covid-19 Addendum can be added to an existing contract and to a new contract. A party, however, cannot unilaterally add the amendment, both parties have to agree and execute the addendum.

Question: Does the 30 day extension for closing in the COVID-19 Addendum relate to other deadlines in the contract?

Answer: No, the other critical dates are still in effect unless amended by the parties. The COVID-19 Addendum only changes the closing date in paragraph 9 of the Contract.

Question: Assuming the parties have a COVID-19 Addendum as part of the contract, what if the contract also contains a third-party financing addendum and the buyer is past the approval period in paragraph 2A and the buyer loses their job – can the buyer still terminate and receive the earnest money?

Answer: Yes, if the buyer’s loss of income is due to COVID-19 related issues, then either party may terminate and the earnest money will be refunded to the buyer.

Question: What if the seller or someone in the seller’s family has tested positive for COVID-19, do they need to disclose?

Answer: Yes.  Section 9 of the Seller’s Disclosure Notice asks if the seller is aware of “any condition on the property which materially affects the health or safety of an individual.” Testing positive for COVID-19 is most certainly a condition on the property because of the contagiousness of the virus and the fact that it can live on surfaces in the property which can materially affect the health of an individual.

Question: Can the buyer demand that the seller deep clean and sanitize the house?

Answer: TREC 1-4 contract paragraph 7 d2 states, “Buyer accepts the Property As Is provided Seller, at Seller’s expense, shall complete the following specific repairs and treatments: __________.” This provides a buyer the opportunity to make a demand on the seller to deep clean and sanitize the house.

 

This video is intended for educational and informational purposes only. Nothing contained in this video should be considered as the rendering of legal advice for specific cases, and viewers are responsible for obtaining such advice from their own legal counsel.