All Forum Posts by: Jim Wineinger

No disrespect taken. I did not say that anybody is in total control of his/her life at all.
What I said is that what happens to us is a direct result of the choices that we make. Those choices take us down a path to the point that we are currently at. It was our choices that brought us to where we are currently at.

This would mean that a choice that your wife made brought her to a point in her path that allowed the cause of the cancer to intersect with the point in the path that she was at. Another choice made by her may have put her on another path where she never comes into contact with the cause of that cancer.

We can not forsee the effects of all the choices that we make, but the fact is that WE made them and could have made another choice. Therefore we have no one to blame but ourselves for the condition that we find ourselves in.

Can we control things?
To some extent yes, to a lot of others NO. We can only choose a path and take what comes along with that path.

The exception to this, for me, is those children that are not of the age of responsibility yet and need others to choose for them.

I too have Cancer, so I know of the emotions with which you speak. My cancer will probably go about the same course as you spoke of, but not because something could not have been done about it. I choose to ignore the warning signals that were present when it was 98% curable. Now there is little curable hope even with the best care and doctors, but that does not mean that I can not live with it for as long as possible. I allowed it to get as bad as it is because I choose to give all the support I could to my brothers family by ignoring the nagging symptons in myself, thus my choice brought me to where I am currently. And I would do it again in a heartbeat to keep my brother and his wife alive for thier kids.

Some choices are very hard to make, but they are choices just the same.

I love the way you attempt to try to twist words without even considering what the words actually mean.

If you go to a realtors site to get "active listings" you will never get a comp listing. A comp listing is one that has already sold and that sold home can not be on the active listing since it is not for sale.

And the reason that the sales price is always below the listing price is because of the bartering that goes on in the sales process.

You seem to refuse to accept what you claim to know and was properly interpreted by JScott in his analysis above.

There are no tricks to the trade, it is salesmanship. Everyone understands the barter process. You set your price above that which you really want so that in such a barter process you wont be convinced to come down to a price below that which you wanted in the first place.

If the reason for listing prices being higher than sales prices is now not obvious to you then you are acting like one of those realtors that you are disparaging so vehemently.

By the way, JScott never said the comps have no effect on new listings, but just the opposite.

But that is my opinion, and I do understand yours, and respect it as well.

If you chose NOT to get in that car, would you have been in the accident? It was your choice to do so. Just as it is my choice to put away funds for any cancer that I may have in the future.

AS a matter of fact I have now been diagnosed with melanomia (spelling?). This appears to be of no fault of mine, but could have been stopped in its tracks earlier had I paid attention to the warning signs instead of ignoring them because I wanted to do something else and it was not hurting me at that time.

Yes, we are in control of all that happens, but we often do not realize what the consequences are of our choices until it is too late to change them.

I believe what is really bringing down prices is the "silver hairs" or older folks.

They have already made their money, and most of them own their homes. It is now comming time for them to consider giving up their homes for assisted living (By professionals, or family).

This adds to the supply side of the market.

Then the downturn in the economy makes it several more years (than has been normal) before the younger generation makes the decision to move out on their own.

This reduces the demand side of the market.

Then you can add to this the foreclosures and distressed homes to this and you will see that SUPPLY will outstrip DEMAND for a while yet.

I think the primary reason is the "baby boomers" retiring from their homes which will keep the supply side greater than the demand side just because there is not nearly as many in the younger generation to occupy the homes that will be comming on the market by the natural age curve of life.

This foreclosure issue may be getting behind us but there will not be a V shaped recovery because of the age population difference. There will be a prolonged valley before we see any real recovery due to the aging housing supply that the market will have to absorb.

Therefore prices will remain about what they are now (hopefully we are at or near bottom). But dont forget that most valleys do have dips and rises in them.

And the way they get back on their feet is by taking responsibility for their decisions instead of blaming someone else!!!!!!!!!!1

The main problem that I have with Demetrius's arguement is that he keeps saying that comps, appraisals, ect go back directly to listing prices.

This is just not the case!!!! Comps are what a similar house actually sold for, not what it was listed for!

This is the reason for using a buyers realtor to work on your side to counteract the sellers realtor. It is the same thing as having an attorney represent you to counteract the attorney representing the other side.

The better realtor will always win (if there is a deal to be made), so you had better find a GOOD realtor as part of your team.

Marco, tis great what you have learned so far, but not to dampen your enthusiasm, there are a lot of areas (as you grow) that you will not be allowed to do some of those repairs yourself because of licensing issues. So prepare to use others or get those licenses yourself.

Most strategies that you will learn about will include a team of contractors, plumbers, electicians, ect. to due that work which you have grown to love so dearly.

You will also learn that the more things that you do (of those which you love) do not add a lot of value to what you will be able to get in resale value or rental value, so be prepared to curb yourself somewhat in order to proceed to your goal of owning several properties in your RE portfolio.

And to bring this back full circle to the original posters question. Jon's answer is still the best as most states have similar laws, and proving that you attempted to return that which was due the tennant is always the best position to be in in front of any judge in any state.

The court then has only two alternatives. Give him the money that you kept for him or allow you to keep it due to a failure of theirs.

Now some judges have done some crazy things, but most of those are reversed by appeal to the reasonable higher courts.

So then you do agree that there are cases where the funds can be comingeled as mentioned in the law.

I do not care how it can happen, the fact that it can happen is a matter of fact as attested to by the law itself.

There is also a strong probability that this wording was included so that anyone needing to sue a landlord would know exactly which account to "attach" to the suit they are bringing. This would effectively "freeze" that account from being accessed by the landlord until the suit is resolved by the courts.

The other position is supported, in law, by subsection 5, not what you listed, and as for any court upholding my position? Well it is not my position it is the actual law that I quoted and ALL courts must uphold the law, period.