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October 2007

Earthquakes and Real Estate Transactions

Home in Santa Cruz, CA, after Loma Prieta Earthquake of October 17, 1989. Photo by Jim Handy.A couple of hours ago, at 8:04pm, Silicon Valley experienced a "moderate" earthquake. The USGS (Unites States Geological Survey) finds it to be 5.6 on the Richter Scale.

My Experience Tonight:

When tonight's quake happened, I was not at my Los Gatos home, but rather on the campus of Santa Clara University, in the Adobe Lodge, saying goodbye to some friends after a very pleasant evening. We'd attended a Jesuit School of Theology at Berkeley's "Theology in the City" lecture on Muslim-Christian Dialogue, followed by a wonderful reception.

October 1989, photo of baby Brian Handy's stroller in Santa Cruz after the Loma Prieta EarthquakeAs we crossed the main room of the Adobe Lodge, sounds like someone stomping on the roof commenced. Then the noise spread. As the roof cackled and groaned, we realized - about the time we started to sense it - that this was an earthquake. It's not untypical to hear it before you feel it! By the time my friends and I figured out that this was a seismic event, we were in the foyer. A chandelier swung pretty voilently over the head of one of the guests. We were all frozen in place and I called to the one under the light fixture to move. He didn't. Finally, I grabbed his arm and pulled at him while explaining why I was tugging. (The biggest danger in earthquakes is from things falling!) We were all fine. The historic adobe building had seen much bigger challenges than this moderate quake.

Immediately after the earthquake, I tried to phone home to check on Jim and the kids - no luck. Tried to call my dad at Belmont Village in San Jose. No go there, either. The cell phone couldn't get through to anyone. I was worried that cell towers were down. After about 15 minutes, though, apparently the circuits were calm and I got through.

Back to Business:

Meanwhile I also received an email from some clients who'd like to see the home they're buying again before removing contingencies.

Who could blame them?

Buying or selling a home when a big earthquake hits? Not good.In fact, Jim and I were in escrow to buy our first home when on October 17, 1989, we had the devastating, 6.9 "Loma Prieta Earthquake" here. It was two hours after we had done our Final Walk Through on our starter place in the Cambrian Park area of San Jose.

As you might imagine, we did not close on time.

With images of the Bay Bridge and other roads collapsed, mountains falling onto highways, and homes burned to the ground from fires caused by broken gas mains, the lender was more than a little nervous. Luckily, the home we were buying was totally empty - so there was no broken glass or other items laying in wait in the new resale wall-to-wall. No damage at all.

But the lender wanted proof, so we had to have all new inspections and a new appraisal. Time and money.

Difficult times when there's a large earthquakeAdditionally, the road to the nearby beach community of Santa Cruz, where we'd been renting, was mostly impassable due to landslides from the quake. The moving truck's alternate route was blocked by collapsed bridges. We closed 2-3 weeks late and a little poorer from extra costs, but glad to have it all behind us.

So what happens if an earthquake strikes in the middle of your sale or purchase?



It depends.

A damaged house from the Loma Prieta Earthquake in Santa Cruz, CA, October 1989. Photo by Jim Handy.If it's a small or moderate earthquake with no damage, nothing happens. You might double check to verify there's no damage, but that's about it. In a serious quake, with or without damage, the brakes go on! Lenders are always worried about making a bad loan, so they want to verify the condition based not on your word, but based on all the professionals' estimation of condition.

Who pays for that?

It depends on what the contract says, like always. It can probably be negotiated. But the buyer usually has the right to back out of the deal if spooked.

Why? A little clause in the contract that references "risk of loss" is usually the key. That means if there are any catastrophes before close, the seller is the one who bears the liabilty in most cases. Here's what one of our locally used contract forms says on Risk of Loss:

"If the Property's land or improvements are materially damaged prior to Close of Escrow, Buyer shall have the right to terminate this Contract and recover the full deposit. If Buyer elects to complete the purchase, Buyer shall be entitled to an assignment from Seller of all insurance proceeds covering the loss."

So even if a buyer has removed all contingencies, if a big quake hits, the buyer can back out. If the house burns down from a fire, the buyer may be able to complete the purchase and take the insurance assignment from the seller. And if a lender requires all new inspections, it may be a negotiable cost between buyer and seller.

In conclusion....

Have a happy Halloween...with or without an earthquake!Most earthquakes, happily, are small ones. Supposedly they often relieve pressure from the big faults, making large earthquakes less likely or at least less dangerous. That's the hope, anyway.

Of course, the chance that this is a "pre-quake" and that a bigger one is coming in the next 7 days is about 30%. So we're on alert.

Scary stuff? Well, a little. The ghosts and goblins of Halloween might spook some people. But for me, a strong earthquake in the middle of a real estate purchase or sale - well, that's scary!

Happy Halloween, one and all. Be safe!

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Today in Willow Glen:
Drop Off Goods for Fire Victims

Date: Oct. 28, 2007
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Please stop by Intero's Willow Glen office
today to donate new or gently used:

Blankets, Pillows, Cots, Tents

Sleeping Bags, Air Mattresses, Canopies, Toys, Sunscreen, Pa­per Towels, Water, Handi Wipes, Toilet paper,

Paper Plates, Cups, Utensils,

Pet food, Carriers, Leashes

There are more than 300,000 people who have been evacuated from their homes.

Graebel Moving (408.273.1955) has donated
a trailer truck and a driver.

Intero Real Estate Services and Mary Ann Wallace
have provided the vision and
Presentation High School
is helping to get the word out and take collections.

The trailer will be located at:

Intero Real Estate Services

1567 Meridian Ave

San Jose, Ca 95125

Today, Sunday from 9am-5pm or until it is full.

All items will be delivered to Father Joe's Villages
which has a warehouse to

accept and distribute the supplies.

Thank you for your support!

Any questions, concerns or ideas please call:

Mary Ann Wallace

408.307.0055

THANK YOU FOR YOUR GENEROSITY

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Bedbug Registry:
Los Gatos is Clean!

Date: Oct. 25, 2007
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Bedbugs? Not in Los Gatos!A friend sent me a link to a Bedbug Registry. I knew, from a conversation that I'd had recently with Janet Thrasher of Thrasher Termite & Pest Control in Los Gatos, that bedbugs were on the rise and the subject of much discussion (and action).

But I didn't know that there was a "Bedbug Registry".

Did you?

Well, have no fears, Los Gatos appears to be a bedbug free zone. At least from my look at the registry a moment ago.

Planning a trip? Maybe you will want to stay right here and take in one of our resort-like hotels or motels!

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Where, Exactly, is Los Gatos?

Date: Oct. 23, 2007
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Los Gatos sports an "El Camino Real" bell over the Main Street BridgeWhere is Los Gatos in relation to the rest of California? Folks thinking of moving, or visiting here, are often a bit puzzled. Often telling them "it's a part of Silicon Valley" doesn't help much, either. Possibly more helpful: it's at the southern end of the San Francisco Bay Area, about a half hour from the bay. (And right now, with several counties in southern California burning, some may ponder whether we're anywhere near all of that. We aren't. This is technically "northern California" though right on the verge of "central coast".)

From Los Gatos it's a half hour to the beach at Santa Cruz (south/south-west). It's 90 minutes to Carmel and Monterey (south), an hour to "the city". It's close to San Jose and often the townsfolk do get into the San Jose spirit especially if the Sharks are on the ice!

Here's a
link to the map of Los Gatos on Mapquest. And here's one from Google.

Distances from San Jose to some Large Cities



San Jose is the town's nearest big city (it has just shy of a million people and is more populous than San Francisco). Downtown San Jose is about 15 -20 minutes. San Jose is a sprawling city, though, and some of it brushes directly against the Los Gatos border (in the Cambrian Park and Almaden Valley regions of the city).

From San Francisco, Los Gatos is about an hour to an hour and 15 minutes south, on the inland side of the coastal foothills.

Los Angeles is pretty far away. It would be an hour south by plane from the San Jose airport, but by automobile it's at least 6 hours (if you drive fast) but more likely 8 hours and possibly longer if you hit traffic going into Los Angeles proper - which is likely. San Diego is about 9 hours by car - unless you drive like a maniac!

Here in northern California, in Silicon Valley, we are relatively unaffected by the fires that ravage the southland. But the ties between the regions are strong - we have sent many firefighters there (leaving some in reserve "just in case"). I have 20-30 cousins living in San Diego, Orange, and Los Angeles Counties. We are not near them geographically - but our thoughts and prayers are with them at this time of natural disaster.

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How Often Should You
Get a Termite or Pest Inspection?

Date: Oct. 19, 2007
Tags: None
Thrasher Termite of Los Gatos, CA, serves all of Silicon Valley and nearby areas


Guest Post by Janet Thrasher
Thrasher Termite & Pest Control

Recently I had the pleasure of spending a couple of hours with Janet Thrasher of Thrasher Termite & Pest Control in Los Gatos. She answered some common questions about her business, when and why someone might call a pest control company. Since there was so much material from that discussion, her insights will be shared in a series of posts here on "Live in Los Gatos". (Not a "paid post", but a genuine endorsement by me of this company, which I've worked with for almost 15 years.)

mph: Janet, how often should homeowners consider having a pest inspection done at their house (and why)?

Janet: About every 2-3 years is good for a house. Pest inspectors will go into places and look at things that homeowners often don't see. A good termite inspection will include the crawl space, for instance. Damage may be visible there or in the attic that you can't see in the house.

You don't want to go a lot longer than that without an inspection because by the time we see the pellets (of drywood termites), those colonies are probably already 5 to 10 years old. You want to catch it as early as you can.

Also, the inspector looks for more than just Section 1 items such as fungus damage, drywood termite activity, subterranean termite activity, and/or beetle activity. The inspector is looking for other conditions such as excessive moisture conditions, faulty grade conditions and earth to wood contact conditions. Some of these conditions may eventually result in fungus damage, dry rot or some type of attraction for termites if they are not corrected.

For example, if there is a leak below your toilet this could over time cause fungus damage to the subfloor. If the leak is corrected early it prevents the chance for fungus damage to develop. This type of finding and recommendation for correction is called "Section 2". A Section 2 item is a conducive condition that if not corrected could lead to a Section 1 item and in this case that would be fungus damage.

Another example is when we inspect the substructure area (crawl space) it is not uncommon for us to find cellulose debris, which is simply wood, wood scraps or even cardboard (storage boxes) on the soil surface. Often there is nothing wrong with the cellulose debris so we outline to remove it and list it as a Section 2 item. However, cellulose debris is an attractant for subterranean termites. That is what they are looking for…wood! So if you remove the cellulose debris you are removing a food source for the termites.

mph: So in the long run, it's a lot cheaper to inspect and find anything when it is still minor rather than wait ten or twenty years and then have lots of damage.

Janet: Exactly. We always hear that your home is your biggest asset. This is a way of taking care of the health of your home. It's like going to the doctor. You want to know what's going on so you can take the appropriate steps right away and ultimately save yourself a big headache and a big expense. You want to try to catch any type of termite activity when it is only termite activity and has not yet become termite damage. Catch it early. It's worth it.

Thrasher Termite & Pest Control
408 354-9944
info@thrashertermite.com

17427 Farley Road West
Los Gatos, CA 95030

See also "Choosing A Pest or Termite Company", a continuation of this interview with Janet.

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Recent Posts

Earthquakes and Real Estate Transactions
Happy Halloween!
Today in Willow Glen:
Drop Off Goods for Fire Victims

Bedbug Registry:
Los Gatos is Clean!

Where, Exactly, is Los Gatos?