Restricted and Unrestricted Communities Clash!

Houston Unrestricted Property Clashes

with Deed-Restricted Neighbors.

There are many differences between a "Restricted" community and "Unrestricted" property.  This blog is committed to opening the conversation about such differences.  However, purchasing your home or building lot in a restricted community does not give you all the protections you may have expected.

This photo was taken on FM 2978, the road that runs along the most western side of The Woodlands.  The lot is usually muddy.  The highlight of the property is the large, dimpled and damaged dumpster.  And to the back of the lot, you can see the only plumbing facility...and it is portable.  While the seller of the property is maximizing his right to the "Highest and Best" use of the property until a buyer is found - the situation is not good for everyone.

The sad fact is that the "port-a-potty" is placed very close to a really nice house that you can see through the narrow strip of trees.  Can you see it in the background of the picture above?

When you come around to the other side, this is the home of some unsuspecting family.  Little did they know that the hard work done to create a great, private place in the restricted community of Westwood would become the backdrop for the metal roofed shed you can see beyond the trees from here.

This is one SCREAMING EXAMPLE of how quickly a real estate investment can become worth much less because of the actions of others.  Please know - I do not know the owners of either property.  But I would be willing to bet that the proud people who built this home did not anticipate having a muddy, unsightly commercial tract in their back yard.

Can this kind of financial mistake be avoided? The answer is YES!

One of the many things I have learned from decades serving real estate clients is that purchasing property on the perimeter of a restricted community can often expose the buyer to the risks of unrestricted property.  I spoke about those risks in a previous post, "3 Huge Pitfalls of Unrestricted Property", on November 28, 2009.  Although I am a champion for the benefits of owning Houston unrestricted property, I will be the first to tell you that there are HUGE mistakes that can easily be made by the inexperienced buyer.

Tribute to An Outstanding Character

Few "Characters" have influenced lives to the degree of Jim Rohn.  It seems that every mentor that I have met over the years sited Jim Rohn as an example of wisdom and uncanny knowledge.

No matter how often I read or hear his words, I am impacted by the incredible insights and profound perceptions in his observation of the human condition.

If I had to select only one human to lead me in my quest to be my personal Highest and Best, Jim Rohn would be my teacher.

Get a taste of his outlook on life in the video below:

Highest and Best...

It is a concept used in the real estate industry in many ways. As a residential specialist, it is most often used in relationship to a competing offer. Even in today's relatively tough market, we deal with competing offers on a regular basis.

When a listing agent (the one representing the seller) gets notification that more than one offer is being submitted, they will usually tell each of the buyer's agents to get the "highest and best offer". That way the seller knows that each of the prospective buyers have been given the opportunity to express the degree of interest in the property and give it their best shot.

A good agent develops a protocol for handling multiple offers that maximizes the benefit to their client. Whether you are a buyer or a seller, you better hope that you have a strong negotiator working on your behalf if you find yourself faced with a competing offer. An uninformed decision about how to handle mulitple offers can lead to dissappointment and even the failure of the sale. (I could write pages in this blog sharing case studies of what works and what does not...and all the nuances where you have to simply take a chance. But that is not what I am posting today. Maybe sometime in the future. Let me know if you would like to see me share those case studies.)

These competing offer situations happen primarilly in two scenarios:


* Foreclosures: When an asset manager places a residential property on the market, if it is priced right it will often have more than one person attempting to purchase it within a week or two.

Please Note: I am speaking about the real estate market in the Greater Houston area...specifically The Woodlands and Spring. If you would like to learn more about what is happening in your market, simply let me know and I will connect you with an expert for your neighborhood.

* Smart Sellers: Many homeowners simply cannot grasp the extreme importance of preparing their home for the market. They look to the agent to obtain a buyer at "the highest possible price, in the shortest amount of time, and with the least hassle." I make that statement in quotes because it is a common promise that agents make to prospective sellers.

When markets were hot, the agents did not always have to share the cold hard fact that the seller has a huge role in whether a house sells or not - AND - how much money they will make in the sale. When markets soften...buyers are able to become extremely picky.

Today's buyers are well informed with all the internet data available. They know a good buy when they see one. They also recognize that the BEST ones seem to sell very quickly, so they have learned to monitor the market and move quickly when something well priced, well staged and well marketed shows up.

It creates two markets for the available inventory. The first market is full of "Smart Sellers." This group of properties often sell in less than two weeks and it is not unusual for there to be competing offers. The second market is the ones that are not snatched off the market by the well-informed and ready buyers. Unfortunately, those properties often linger on the market for months and months. (The statistics are easily gathered to see how the market is working in each community, so don't hesitate to ask for the data.)

This is only one of many areas of real estate where we use the term "highest and best". Keep coming back to this blog to learn about a range of other uses of this phrase. Don't hesitate to call or email me with your questions.