All Forum Posts by: Burt L.

I've read at BP that comparable reports and property reports are available from RealQuest at $3-$4 each, and can be ordered on an as-needed basis. When I called to inquire, I was told that was not available, and that the Professional version was $125 per month for a county version, and $150 per month for a state version, each with a year's commitement to the service.

How can I obtain what I believed to be available? I suspect I'm being upsold a service that's too costly for me at this point in my investing career. I had gone thorugh the RQ posts here and the service has received quite positive comments.

Thanks for any input on this.

I went to small-claims court and did not prevail. The landlord's counterclaim also wasn't successful. I had to pay the LL's $42 in court costs, in addition to my own. While presenting my case, the judge asked me under what authority was the LL not allowed to receive rents from two renters over the same period. I could not cite legal authority and could only reply that it was prevented by basic right and wrong, which he wasn't impressed by. I also mentioned the clause in the lease which said a departed tenant receives credit for rents paid by a new tenant. He was unswayed that there was income if it wasn't in cash or check form.

I need to find a Colorado rule that says a landlord cannot receive rents from two renters for the same period without returning the rents the first tenant paid. The complication is that the landlord bartered my prepaid rent for paint services, after a three-year tenancy, which was the LL's responsibility as routine maintenance. I even read the judge an example from the IRS rental property publication on trading rents for services, and how it is taxable income to the LL. He said that is a private matter between the IRS and the LL.

As the LL is a colorado realtor, I can still file a complaint with the Realtor's Commission, as was mentioned above. It would be helpful if I had some authority on what prevented the LL from double-dipping, or unjust enrichment.

I'lll have to learn to do legal research. It has been quite a process.

I successfully completed the Colorado Realtors exam over Chistmas break a couple of years ago while in a graduate r/e and construction managment program. I didn't follow up on it as there were sharp differences between my professors about whether it raises your perceived level of liability to buyers of rehab properties, and that it may hurt your sales as being a realtor must be disclosed to buyers - at least it was required then.

The competition for properties is strong, and many are gone on the first day listed. If I had a realtors license and access to the MLS, it would seem I could compete on finding and making offers on properties just listed - and save a little on the listing costs when a rehab completed.

Of course I would have to be associated with an office, pay various fees, and maybe have to do showings, even floor duty? The requirements to sit for the exam have likely increased as well.

Is holding a realtors license as a rehabber beneficial, or did an old professor steer me wrong about the pitfalls of it? MLS access seems helpful in a quick-moving market.

The realtor I'm meeting with represents buyers and specializes in rehab properties. I had heard that its common to direct the best deals to the best customers, which leaves leaves a significant hurdle in obtaining strong efforts for buyers who aren't established, large volume customers.

I read in another thread about finding your own deals until you have a significant resume that helps make one a priority customer.

I'm going as a stand-in for my co-investor to look at some properties as he is out of town. My co-investor/mentor has said this realtor runs hot/cold with finding profitable properties, and that he suspects the realtor submits others offers of larger clients ahead of his at times - but does produce profitable properties.

I'm going as the newbie to tour properties and want to be seen as someone the realtor will provide profitable properties for.

How can I gain and hold his attention as a client - being a newbie?

Each of the communications were by e-mail, with the exception of being asked if the new tenants could move in before my 30 day notice to vacate had expired. The neighbors called to alert me when the new tenants moved in.

I believe I have a good "paper trail" in this.

I need to clarify better how I moved out - after a three year tenancy, I needed to move quickly and needed to give thirty days notice. So I sent the rent and gave notice simultaneously, keeping the utilities in my name as I was responsible for the final month, or until new renters were located.

On the 11th of the month the LL said new renters were located and could they move in early? I responded that they could if my rent was repaid. The LL then moved them in and said that they were given the rest of the month free as they were paying the rest of the month's utilities I was responsible for. I asked the new tenants, and they said they received a half months rent free for repainting instead.

My position is that the LL bartered away my half months rent for maintenance that was the LL's responsibility, after a three year tenancy - thus receiving 1.5 months rent and services for providing 1 months rent. The aspect of the Real estate commission is of interest as I hadn't considered that before.

I would like to believe a realtor/LL is held to a higher standard.

Thank you for the replies to my first post here. I'm fortunate to have found this forum.

I understand that the landlord could add new charges (countercharges) to the amount due if I go to small claims court? I'm confused on this as my damage deposit was returned in full, and that was the opportunity to deduct for damages; wasn't it? My tenancy was three years there, and I'm pretty sure repainting was routine maintenance and the responsibility of the landlord after that period of time.

The aspect of adding the Real Estate Commission as a source to hear my complaint would seem to be added incentive for the LL Realtor to return my prepaid rent. The story around it and trail of communications would seem to be in my favor, after the story changed when tenants were located.

After three years of communications with this LL, I"m pretty sure that being nice wont get far, but perhaps doesn't hurt to begin with.

Thank you.

As I had to move quickly and give 30 days notice, I paid the October rent and gave notice I was leaving, keeping the utilities in my name. New renters were found in ten days and moved in on October 15th. The landlord asked me if they could move in before my month had expired. I replied that they could, if I was reimbursed for half the months rent.

The new tenants moved in and the LL said that the rest of my months rent was given to the new tenants because they paid the rest of the months utilites and that was my responsibility. LOL.

I directly asked the new tenants if they got a free half-months rent for paying the utilities for the first part of their tenancy, and they said the agreement was they got a free-half months rent if they would buy paint and repaint some of the house (after my three-year tenancy). At issue is $725.

Obviously, the LL misrepresented this, and I plan to write asking to have it returned or I will file in small claims. My security deposit was returned, avoiding trust account issues. The LL is also a Colorado realtor, where the property is. I had surguries in November and December so am now getting back to this.

I see such phrases at the site as "It costs alot of money to be right", etc. and to avoid court and the energy it takes. I doubt the LL would even make the trip, but I think $725 of my own money is worth a few hours. There are two properties here, now held in LLC's that I believe I could file a lien on after obtaining judgement.

What might I be overlooking in my non-independent analysis?