All Forum Posts by: Account Closed

One of my first posts years ago had to do with this very thing: WHAT is the job of a real estate agent?
I was working with an agent who helped me get my first house about 15 years ago. When I needed an agent, I went back to her. She showed me many houses. But as soon as we were out of the car, she started talking of her family, (opens the door) talking about her ex husband, (walking around) talking about the grandaughter, daughter, car, her hoa, whatever--everything except the building we were in, no matter how good or bad. As she locked up, she was still talking about her life. This woman was (is) a very successful agent, has been working here for over 20 years in residential and some commercial, has a brokers license, did some residential investing, worked as a general contractor for several years, then back into residential RE agent.
One day she showed me a house filled with stuff. I saw it several times, and planned to make an offer on it. The former owners finally got all their stuff out of the living room and we saw the large "dish" in the floor that took up about half the room. The concrete floor had sunk by almost 5", from the center to the deepest part at the corner of the north and east wwalls. Further inspection showed no damage to the next room OR the footings outside. She said just fill it with concrete, it'll be fine.
A foundations man that knew the area told me about it, and said it might cost about 3K, but more likely, 25 or more.

I posted here in frustration because she would NOT say anything about any house, and her talking distracted me from seeing and understanding, even asking questions. It was difficult to get a word in edgewise. I wanted to know WHAT an agent's job was.

The response at the time was that the agent was there ONLY to provide access to the house, ie, unlock the door for me, and lock up after.
Nothing more.

Actually, that's a common clause in purchase contracts, too. An agent I had worked with for years demanded a 9 month contract to SELL my house, PLUS another automatic 6 month extension, AND, if it didn't sell in that time, if I sold it myself after that time, for the next 6 months I would owe her a full commission unless I signed and sold through someone else. There were a few other things that she demanded as part of a sales contract with her. I refused and wanted to discuss changes, she refused, and in anger, tole me if that's the way I felt, I should just go sell it myself. So I did. Turns out the buyers didn't have an agent, so they got a good deal, and I got colse to my listed price! NO COMMISSIONS to anyone.
I sold another house recently (a month ago) using a flat fee lister. the buyer had an agent, so I paid the 3% commission there.

Another option is to call your chosen title company and ask for a few copies of their escrow contract. I sold a house using that. Much simpler than a 12 page, small print real estate contract. I got 4 copies: two for me, two for the buyer. We ( me and the buyer) went over it together, and I had a clean one I could write on, they had one they could write on, and we took our good copy to the title co and signed.

I did add a few things to the title co contract, such as:
If the Purchaser defaults at closing, the escrow amount will be retained by the Seller as its sole remedy.

4: a. Close of Escrow shall occur when the deed is recorded at the ____ County Recorders office. Buyer and Seller shall comply with all terms and conditions of this Contract and Addendums, execute and deliver to Escrow Company all closing Documents and perform all other acts needed in time to allow COE to occur on or before (date), 1:00 PM.
b. If the Buyers need more time beyond (date) to close, there is a penalty of $100.00 per day.

5: Possession: Seller shall deliver possession and keys to Buyer when all moneys due are paid in full, which shall be on or before COE, (date), 1:00 PM.

6: Loan status Report (LSR): The LSR, with at the very least the Buyers’ loan information section completed, describing the current status of the Buyers’ proposed loan, is attached hereto and incorporated herein by reference. Buyer instructs the Lender to provide loan status updates to Title Company and Seller. Buyer shall sign all loan documents no later than 3 days prior to the Close of Escrow date. All costs for obtaining the loan shall be paid for by the Buyer.

7: Time is of the essence. All Inspections are to be completed within 5 calendar days of this addendum, including mortgage financing being arranged for the purchase of the Property.

8: PROPERTY CONDITIONS: Buyer accepts the Property in its present condition. On or before COE, Buyer warrants to Seller that Buyer has conducted all desired inspections and investigations and accepts the Premises as is. Buyer warrants that Buyer is not relying on any verbal representations concerning the Premises.

9: Buyer is liable for all taxes, insurance and Homeowners Association fees from the date of closing of this contract.

10: Seller is responsible for all taxes, insurance and Homeowner’s Association fees up to Close of Escrow.

11: Buyer warrants that the Buyer has disclosed to the Seller all information that may materially and adversely affect the Buyer’s ability to close escrow or complete the obligations of this Contract.

12: Changes: Buyer shall immediately notify the seller of any changes in the loan program, financing terms, or lender described in the LSR and shall only make and such changes without the prior written consent of the Seller if the changes do not adversely affect Buyer’s ability to obtain loan approval without conditions, increase Seller’s closing costs, or delay COE.

13: Verbal discussions will not extend these time periods. Only a written agreement signed by both parties will extend response times or cancellation rights

14: CLOSING: Closing shall be on or before (date), 1:00 PM.

One other item that I would now add is, if the buyer's offer is a CASH offer, then he wants to change to financing, I would (consider raising the price a bit) and/or add that even if the financing does not go through, that the buyer is still reequired to buy at the original price. If cash, I would also get a proof of funde and a large non-refundable deposit.
If you are in any kind of hoa, consider having the buyer pay all hoa costs.

Thanks, Chris.
Actually, I was in it for about an hour this morning, and hope to use it again later. Cost and time/labor are the biggest things. I use the online pooltime.com water testing site and it seems to be okay. I am going to look into removing the kreepy krawly hose and insert, and getting one so that I can have just the skimmer going, esp if I need to leave here. I no longer trust the krawler. I looked for a brand on mine, I think it's a barracuda, but will have to take it in to find out.

My neighbor was going to come and give me an estimate for installing the posts and cables for hanging shadecloth (not a sail, but same function.) He hasn't gotten here yet. That might make a difference for me, if I can use it throughout the day, rather than just sun up, and sun down. It's too hot for me the rest of the day.
I had planned to have my handyman build solar panels to heat the water, and probably still will so I can use it longer.
I'm just really frustrated at this point--all work on it and very little play IN it.
Thanks. I'll keep at it for a while...

Thanks. The title co agent called me early in the AM and said she was cutting the check right then, I could come and get it. The buyers would not get the keys for a few hours, only after the transfer was recorded.
I did go (2 miles) and got the padlock and the lockbox before going to the title co for the check. In fact, I had them before she called.
I Appreciate the response.

Marc, WONDERFUL! :D :mrgreen: :D
Thanks! I will talk to my contractor friend about something like that!

J Scott, When I looked into this prior to purchase, I got conflicting info, and have not yet checked with the city. That info was that the sides could not be pulled in, that the concrete has to be hauled away--doesn't make sense! but governments don't always. Last person-from a pool to pond company who came a few weeks ago said it could be filled in so a buyer could remove the gravel if he wanted a pool, that he would leave it operational, after a few drain holes were drilled.

I did consider a pond, but don't want fish, and no longer want the work of plants.

Mitch, I never wanted a pool either. This house was bought at auction, at a pretty good price. I love the floor plan, the location, the construction (block), most everything about it. The pool came with it. I have been trying to buy in this subdivision for 10+ years. A house a block away that I tried to get 2 years ago is finally on the market, and I may make an offer on it. It needs a lot of work, but will make a good rental for the right price--less than half of the list price.

Kevin, my biggest issue IS the chemicals. Ph up, ph down, algecides, chlorinaters, shock treatments, clarifiers, stabilizers, etc. Maybe I am going nutz with it. Then the stupid kreepy krawley keeps krawling out, and I have to babysit it or have the pump ruined. I finally removed a section of the hose, which helped, but still one time it did suck air for a while before I got out to turn the pump off. I need a kill switch at my door, and an automatic one too...
There's been a few other stressors, too, so maybe after they're gone, it won't be so bad. Yes, chlorine tablets. 90 bucks at costco, and still beats HomeDepot's price.

Several years ago, people were putting pools in. this house was built in 1980, the pool 1994. Now there is a big city pool a block away, and throughout the city are neighborhood and even hoa pools.

Apparently the water should not be drained at temps over 90' or there could be resulting damage to finish before it dries. So I have some time to figure this out maybe.
Thanks for the input, it helps. I'll let you know what I decide. I was given hose for water heater to extend the season, and had planned to have the neighbor put up posts for shade cloth for more summer use. It's too hot, and the relentless sun is not good for skin...

Personal problem here. I bought this house and moved in in March, 2011. It has a nice 13000 gallon pool, dimensions 15x30x5. It was built in June, 1994.

I've about had it with the pool. I promised myself I'd give it a year before making a decision, but I think the year may be up! Yesterday I spent another hundred on clorox tablets, and was thinking of spending another on a pool person to come and fix the kreepy crawler thing. I spend time daily working on it, checking the chemicals and working to keep them balanced so that there's no living thing in it so I can use it, but because of the temps and weather, I haven't been in it much anyway. And I'm not a swimmer—or a chemist, either!

It came with the house, and original intent was to have it demolished.
I talked to a contractor neighbor this morning to see about having it filled in. I know it will cost about $4000 or so, and before I do that I want ideas about other uses for it, whether it be with water or rocks or nothing, in it. I don't think I can simply drain it , although that's a thought. Drain it, drill a couple of holes for rain drainage, and leave it like that. People have said that if it's not filled in, it will eventually pop out of the ground. I do not know if that's true or not, or how to find out. Anybody know for sure? Maybe just drain it, drill a couple of holes, and see what happens. I need to do this at the least expense.

I thought about filling it about half way with rocks, then adding soil, and having a "sunken" yard. That reduces the cost of rocks, and if a future buyer wants to have the pool again, the cost of removal of the rocks will also be less.

Maybe I could enclose it for a garage, shop or storage. The bottom of the pool is actually about street level. The street is about 20 feet to the east. It appears that this house, and the ones west of me are on a narrow fold of land. The house west of me is slightly higher than mine, but the house/yard on the north is street level—about 5 feet lower
The house is deck level, (about 5 feet above the street. It might be reasonable to simply remove the concrete and smooth out the ground, and have steps down to that level... a fully sunken yard. Have the yard at the level of the street. I may have to rebuild the block wall between us, but the neighbor has no fence on the east side.

All thoughts and ideas welcome. Please, help me out here.
Thanks.

A (former) female friend of mine used 2 service dogs. Both at best weight about 50 pounds, but for a long time both were overweight. Though I had spent time with her, I really never saw that either dog was task trained. She was section 8 and living in a small one bedroom apartment in a large complex.
At various times she also had parakeets, gerbils, and some other small animals. At the time our friendship was ending she had purchased an expensive cat for an emotional support animal. then another, another, and another. She eventually had those two big dogs and 4 big cats in her small apt. Two of the cats were Maine Coon cats. Apparently the managers were not able to evict her, but finally I think, they did not renew the lease. I know that only because I see posts from her at times on another board, and she no longer lives there.

Some people are abusers, and she is one.
If you are able to write such a contract, maybe run it by the people at the Direct Center first, maybe local disability advocacy groups, the ADA hotline, etc, before hiring a lawyer to go over it.
I don't know if size would be appropriate, but perhaps going off the new ADA ruling of only dogs (and miniature horses) are now "legal" service animals, perhaps dogs and cats might be appropriate for ESAs.
Something else: I do think that dogs as the only protected service animals--that may be just for use in public. I do not know if the law restricts that for only in home use or not, but I do not think it does. ie, I think I can have a service bird in my home, but can't take him in public as a service animal. I do not know how that would be judged by either ADA or Fair Housing people.

One thing to remember that the article does not point out is that it is the person with the disability (or need) that has the rights, NOT the animal.

For instance, in order for a dog to be considered a service dog, not only is that dog required to be trained TO MITIGATE THE HANDLER'S DISABILITY, but the handler has to fit into the ADA guidelines of a QUALIFIED PERSON WITH A DISABILITY.
http://www.eeoc.gov/policy/docs/902cm.html
What I mean by that is: I am a qualified person with disabilities (QPWD). My dog is trained for mobility tasks, and retrieval and fetching tasks. My dog goes with me (or enables me to go) almost everyplace. She is a service dog for me. My friend cannot take my trained SD into places that do not allow pets, because she is not a service dog for that person--that person is not a QPWD. And though I am a QPWD, I cannot take my friend's hearing dog with me, because I do not have a hearing disability.

this is a small portion of that info:

Similarly, an individual might be eligible for disability retirement but not be an individual with a disability under the ADA. Conversely, a person who meets the ADA definition of "disability" might not meet the requirements for disability retirement.

(b) Statutory Definition -- With respect to an individual, the term "disability" means

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

So besides knowing that, (and everything else at that site) it will help you to know what the MAJOR LIFE ACTIVITIES are:
902.3 Major Life Activities

902.3 Major Life Activities

(a) General -- For an impairment to rise to the level of a disability, it must substantially limit, have previously substantially limited, or be perceived as substantially limiting, one or more of a person's major life activities. There has been little controversy about what constitutes a major life activity. In most cases, courts have simply stated that an impaired activity is a major life activity. In general, major life activities "are those basic activities that the average person in the general population can perform with little or no difficulty." 29 C.F.R. pt. 1630 app.§ 1630.2(i).

(b) Regulatory Definition -- Commission regulations define the term "major life activities" to mean "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i); see also Senate Report at 22; House Education and Labor Report at 52; House Judiciary Report at 28.

This list is not an exhaustive list of all major life activities. Instead, it is representative of the types of activities that are major life activities. Specific activities that are similar to the listed activities in terms of their impact on an individual's functioning, as compared to the average person, also may be major life activities. Thus, as the interpretive appendix to the regulations notes, "other major life activities include, but are not limited to, sitting, standing, lifting, [and] reaching." 29 C.F.R. pt. 1630 app. § 1630.2(i). Mental and emotional processes such as thinking, concentrating, and interacting with others are other examples of major life activities.19

there is also more in that portion.

Many people have what are called "invisible disabilities", meaning that it is not obvious that they are disabled. When someone says they are disabled, believe them until they cannot provide the needed info and documentation.

You as a landlord have resources other than attorneys to get basic information and guidance. The ACT itself, though long, is written in generally understandable English, and needed information can generally easily be found. If nothing else, copy the ADA into a word doc so you can search it more easily.
Use the ADA hotline when you can't find the answer to your question.
I am guessing, but there is probably online guidance re ESAs, too. You may need a lawyer. But do your homework first.

This is a broad area, and the information seems overwhelming. It gets confusing, and with the fakes that now abound, it's even more difficult.

Google "fair housing act and emotional support animals" to find the needed informaton.
Here's a start:
http://www.bazelon.org/LinkClick.aspx?fileticket=mHq8GV0FI4c%3D&tabid=245

http://www.bazelon.org/LinkClick.aspx?fileticket=lhyaA_hRAoE%3d&tabid=268

Definitions of Service Animal
The DOJ’s new ADA rules define“service animal†as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.The new rules specifythat “theprovision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.†Thus, trained dogs are the only species of animals that may qualify as service animals under the ADA (there is a separate provision regarding miniature horses) and emotional support animals are expressly precluded from qualifying as service animals.
Read the few pages carefully.
And this, at
http://www.state.ia.us/government/crc/docs/Factsheet%20Service%20Animals.pdf
Service and Emotional Support Animals under the Fair
Housing Act and the Americans with Disabilities Act

Read the information carefully and get more information.
A service dog can go just about anyplace open to the public. (I have used a service dog for several years, and still do.) On one SD forum there is sometimes discussion re emotional support animals and how they differ from Service Dogs (SDs).

One resource might be your local DIRECT CENTER FOR INDEPENDENT LIVING. I don't know if they have info re Emotional Support Animals (ESAs)

And, if you have questions re SDs, you can call the ADA hotline-they have an 800 number.

Do be aware that a big problem facing legitimate SD users is the growing number of people who are NOT qualified to have them, claiming their FIFI is a service dog. Those qualifications are clearly spelled out in the Americans with Disabilities Act.
I imagine there is a similar problem with people who legitimately need/use an ESA.

This can be a tough problem, both for landlords and for tenants.
I do not undeerstand what this means: "You can still put limits on the animal"

Except that ONE place even a SD cannot go is into the swimming pool. He can lay at water's edge, but NOT be in the water. That may change if the owner is drowning and needs help, so be careful there, too.