Wednesday, July 28, 2010

Off the Deep End

Ray is looking for a home. The house in question he will live in for a few years and then convert into a rental. A swell plan if I do say so myself.

Because of this mission, Ray is looking at what he is buying with the eyes of an investor. Thankfully, he is not doing "the paint is the wrong color and just won't match my sofa," emotional home rejection we agents see again and again. (And let me just say to you buyers--and you know who you are--YOU CAN ALWAYS PAINT! But, I digress...).

One of the items Ray is debating about is whether or not to buy a home with a pool. On one hand, a pool is mighty nice this time of year. And, given where he is looking and his overall criteria, we are running into a tremendous amount of homes that have said pool.

His innocent question to me the other day was, if I were to have a rental home, would I pick one with a pool?

As it turns out, I have actually put some thought into this one. For my homes in Alabama, the answer is No!, with a capital N. And, if you took it upon yourself to add any modifiers in front of no, you would even have a more accurate assessment of my thoughts on the topic.

In Arizona, I am mixed, but leaning towards no. Out here, a pool is a way of life. Homes in the Phoenix metro area rent better with a pool. Landlords get a bit more money for a home with a pool. Last year, when Marty Sunshine was facing whether he wanted to move us to Seattle or face unemployment, we discussed renting out our home. And yes, we have a pool. Thankfully, an offer came into the Mesa division and we were let off the hook, because we never reached a verdict.

In my line of work, as well as through my own experiences, I have seen how some tenants treat homes. A pool is one more expense for the tenant and landlord. There is some training that needs to go into effectively maintaining a pool. If a tenant is short on cash, it is the first item to be neglected. It is one more thing to break. It is also somewhat delicate. If I had a rental home with a pool, I would hire a pool service, only because I want to be absolutely certain I am not getting back a big black mosquito-breeding hole in the ground at the end of the lease.

As an agent, I don't wish to project my personal values on another's purchase decision. Ray's vision for what is important needs to be kept in check. This is Ray's money. I can show him statistics of what rents better in the city he is shopping in. I can provide him with pool barrier guidelines. I can direct him to his local city council so that he knows what zoning restrictions might need to be in place. But, I can't say, "don't buy this house because of what may or may not come into play later."

Think of it this way, if you go shopping with someone you have met only a few times, and they fall in love with a ghastly pair of neon orange and green shoes, it isn't really up to you to stop them from buying. You can voice your opinion. Agents can't do that. We can only give the facts. Or, at least agents who wish to keep their licenses can't voice opinions. It isn't our purchase decision. We are there to facilitate a transaction.

What I did share with Ray was this: A few years ago, my 70 year old father called me around 9 p.m. It is one of the two times in my life I have heard my father sob. The home across the street from him was a rental. The toddler living there managed to find his way out the back door and into the pool. The boy's parents didn't find the child until hours later because the pool was dark green. The tenants weren't taking care of the pool. My father was beside himself over the senseless death.

Even though the landlord had a pool fence that complied with city ordinance, the tenants eventually took their grief out on the landlord and sued. In this case, because the tenants didn't maintain the pool I doubt they won. In the event the landlord lost, he would have home owner's insurance, or perhaps an umbrella policy, to financially cover this kind of a loss. Either way, it still doesn't bring the child back to his mother.

If I were Ray and I bought a home with a pool to rent out, I would take my time and make sure I carefully picked my tenants. I would invest in an hour of a lawyer's time to make sure my lease spelled out everything and anything pertaining to a swimming pool. I would find a reputable pool service and add the cost of maintenance on to the lease. And hopefully, whomever rented the home would take care of my pool. And more importantly, take care of thier children.

1 comment:

Ernie said...

As I have lived in several homes in my lifetime that had a pool and as someone who has over 20 years experience in the legal field, I think I can weigh this issue on both sides. Here are my thoughts: 1) pools will cut the interest in your home in half because half of the people out there don't want a pool. Or at least down here. It's not like painting your living room pink. If the potential tenant doesn't like pink, no problem, $40 later you no longer have a pink room. Easy fix. Pool? Not so cheap to get rid of or disguise.
2) Unfortunately, people do not read their insurance policies nor do they have them looked over by an attorney. UNTIL a claim has been filed. This is when they realize that they bought a policy with clauses. This is when they realize that they just may not be covered should someone injure themselves in the pool. It happens a LOT. Agents want your business, they sell you something less than what you asked for (or they know you need) in order to keep the price down and then they pray nothing happens so you never find out. Sure, you can get their license revoked IF you can prove that they did this intentionally and if you can prove that you actually explained your wants to them. It's a "he said, she said" situation and anyone can win. In the meantime, you're responsible for all damages. If you do win against your agent, YOU have to pay an attorney to get your money.
3) I think that only 40-50% of all renters treat their house as if they own it. The others treat it as if it is a hotel and they can trash it if they want to because it's not their problem at the end of the day. This would include the pool. Dog wants to swim? Sure. Kids want to throw stuff in there that will rip the liner? Why not? Have to decide whether to spend the money keeping the pool and equipment maintained or go to Disney world? Disney it is!!
4) Even if your insurance policy is exactly what you need and you have done everything imaginable to prevent injury or liability, you can still have major out of pocket expenses should someone get hurt in your pool. There's time off work (statements, depositions, meeting with attorneys, court, etc); There are always things connected with protecting your interests that the insurance company is simply not obligated to pay. Things such as an independent expert witness. If the attorney for the insurance company doesn't see the need for it but you do - it's your dime. Then there's the deductible. That comes out first. Maybe you will recoup this at the end, maybe you won't depending on the language in your policy. And lastly,
5) There is the damage to your reputation, the reputation of your property AND the severe emotional stress that this situation will inevitably put on not just you, but your entire family.
I hate to admit it, because this is one tenant that LOVES pools, but if I were a landlord and I owned a home with a pool - I'd turn it into a large flower garden.