May 26, 1998
Sales of Existing Homes Slide in April
The National Association of Realtors said today that existing U.S. single-family home sales declined in April from the previous month's record pace but remained "exceptionally strong."
The seasonally adjusted annual rate of existing single-family home sales was 4.77 million units in April, down 2.5 percent from the all-time high resale rate of 4.89 million units reported in March. The April pace was 18.1 percent more than the 4.04 million units recorded in April 1997.
A decline in activity had been expected following the hectic activity in March -- the busiest month since NAR began tracking existing home sales in 1968.
The national median existing-home price for April was $128,200, an increase of 6.2 percent from April 1997 when the price was $120,700.
The national average commitment rate of a 30-year, conventional fixed-rate mortgage was 7.14 percent in April, compared to 7.13 percent in March and 8.14 percent in April last year.
Texas Continues to Lead Job Growth
Writing in the next issue of Tierra Grande magazine, Real Estate Center Research Fellow Jared Hazleton notes, "We all need to be reminded from time to time that it is job growth that primarily fuels real estate development."
Last year, average Texas payroll employment rose 4.2 percent from the previous year. That compares to a gain of only 2.3 percent for the nation as a whole.
Manufacturing employment in Texas increased 2.4 percent, compared to only 0.4 percent for the nation. All of the job gain came in durable goods -- those industries producing goods expected to last more than a year. Meanwhile, nondurable good production recorded a slight employment loss.
"Perhaps the greatest surprise," says Hazleton, "among the state's employment numbers is the strong rebound in the energy sector. Despite sagging oil prices, Texas mining employment rose 5.7 percent last year."
Hazleton notes the oil industry apparently survives because major technological improvements have lowered the cost of finding and producing petroleum and natural gas.
Above-average population growth, fed not only by natural increase (births minus deaths) but also by inmigration to many areas of the state, helped fuel solid job growth in construction (+5.1 percent), transportation and public utilities (+4.8 percent), trade (+3 percent), finance, insurance and real estate (+4.1 percent) and services (+7.3 percent.)
"The growth in services employment is particularly exceptional," says Hazleton, "because the nation in general had only a 3.5 percent rise in jobs in this sector."
Canon Fire
Has a Realtor been sued for violating the National Association of Realtor's Code of Ethics and Standards of Practice? Yes, but writing in the latest issue of Letter of the Law, attorney Judon Fambrough notes that only 14 cases have reached the appellate level nationwide. Only one involved Texans.
Appellate cases are few because most complaints are handled internally by local boards of Realtors. A system of arbitration eliminates many controversies before they reach the courts.
Second, if litigation occurs, the case will not appear in a reporter system unless the case is appealed beyond the basic trial court level. In Texas, that is the district court. Because of time and expense, few controversies are appealed.
If the controversy is litigated and a substantial sum of money is at stake, the client most likely will not sue for a breach of the code of ethics. There are more lucrative avenues of recovery.
For more information, read Fambrough's "Canons of Professional Ethics and Conduct" in the next Letter of the Law.
Private Dump Sites
On February 26, the Texas Natural Resource Conservation Commission proposed rules allowing personal on-site disposal of non-hazardous waste generated by an individual or agent. The proposed rules are based on House Bill 717 directives enacted by the last session of the Texas Legislature as part of the Texas Health and Safety Code.
The proposal allows landowners to annually dispose of as much as 2,000 pounds of non-commercial litter or other solid waste on their land without a permit. Among the limitations and requirements are that the disposal cannot cause a nuisance or endanger health or the environment.
Damaged Property
An oil company leased one acre as a pipeline-gathering facility. Oil and saltwater spilled from operations and contaminated the property. The landowner sued for temporary damages. Expert witnesses testified that restoration costs were $510,000. The court entered a judgment against the oil company in that amount.
On appeal, the oil company argued that when temporary damages are not economically feasible to rectify, they may be deemed permanent. Permanent damages are limited to the fair market value of the property.
The court agreed, reversed the judgment and sent the case back to the lower court.