Archive for the ‘Legal’ Category

What are We Doing to Impact the Market?

Monday, November 24th, 2008

As one real estate agent or a team of real estate agents or even as a company of real estate agents, there’s certainly things we can do to impact this market.  I think the most important thing is that we have a positive attitude and remain opportunistic, work harder and smarter to ensure that our clients are receiving the highest level of service possible in a time when there’s a lot of finger pointing and shoulder shrugging.  Perhaps one of the best things we can do as real estate agents is pool our voice and become better advocates for our industry, an industry that affects virtually every family in the nation.  One of the benefits of being a part of the National Association of REALTORS® is that as one we are rather quiet, but as a group of REALTORS®, we have a tremendous voice.  As further evidence of the NAR’s committment to furthering our industry, the organization has put forth a 4 Point Plan aimed at “tweaking” the previously passed Emergency Economic Stabilization Act.  I believe that Act was monumental at a time when we all needed stability, but as time passes, there appears to be weaknesses that might miss the mark in truly impacting in the areas originally intended.  Lesley and I support the National Association of REALTORS®’ plea for more.  NAR has urged Congress to include the following provisions in any future legislation as part of this 4 Point Plan:

  1. Make the $7500 tax credit available to all purchasers and eliminate the repayment requirement.  The credit’s limited availability and required repayment terms have severely limited the credit’s appeal to potential homebuyers.  As a result, the credit has not been widely used or proven effective at stimulating sales. 
  2. Make the 2008 FHA, Fannie Mae and Freddie Mac loan limits permanent.  New rules for 2009 would significantly reduce the FHA, Fannie Mae and Freddie Mac loan limit from their 2008 levels. Now is not the time to limit the availability of affordable mortgages. 
  3. Get the Emergency Treasury bank relief program back on track by targeting more funds to mortgage relief efforts and increasing efforts to mitigate foreclosures.  Don’t just give the banks unrestricted cash. Make the program work to improve mortgage and housing markets as it was originally intended.
  4. Permanently bar banks and banking conglomerates from engaging in real estate brokerage and management.  The banks have proven they have enough to do to simply properly manage their current lines of business.  Do we really want them to manage the home buying process?  Imagine what could have been the situation now if they already had the added ability to engage in real estate sales.

The economic turnaround is, of course, complicated, but there is little doubt that stabilizing the real estate market by shoring up the lending market and finding ways to get money moving in and out is a neccessity.  Stay tuned for updates on how these changes are being accepted and more importantly implemented.

What is a REALTOR®?

Friday, November 14th, 2008

Lesley and I both are  proud members of the Atlanta Board of REALTORS®  I had the pleasure of attending a recent Atlanta Board event.  One of the topics was “What is a REALTOR®?”  Before I became a real estate agent, I just assumed that everyone was considered a REALTOR® if they were in the business.  I would also sometimes refer to these people as Real-a-tors.  It wasn’t until I became a REALTOR® that I really realized what this designation means to me and to the people who utilize my services.  I quickly learned that real-tor is the correct pronunciation, that it is spelled in all caps, always had that circled “R” symbol, and that actually being a REALTOR® was different than being just a real estate agent. 

All real estate brokerage houses don’t require the membership of its agents in a Board of REALTORS®.  Our Keller Williams offices require it with no questions asked.  Now, why would they be so insistant on its affiliates joining? 

1 - Code of Ethics - the REALTOR® Code of Ethics is at the forefront of the REALTOR® designation, and it provides an important difference to consumers.  All real estate agents are required to understand and operate under state mandated licensing laws, but only REALTORS® are held to a higher standard.

2 - Accountability - The Atlanta Board of REALTORS® mitigates disagreements and conflict between its members.  A violation of the code of ethics and a member finds themselves facing harsh consequences such as fines, suspension of Board membership, suspension of MLS access, etc.  This sort of accountability amongst the members creates a self policing that makes all of its members better.

3 - Community - the Board has a long-standing history of supporting the local community. In the past several years, the Atlanta Board of REALTORS® has sponsored building several Habitat for Humanity homes through the Atlanta Chapter.

4 - Awareness - membership in the Atlanta Board of REALTORS® places an agent in one of the most powerful and influential grassroots lobbying efforts in the country related to real estate issues affecting the industry.

5 - Networking and Exposure - by being a member, your listings appear on one of the heaviest searched site for homebuyers in the nation, www.realtor.com.  In addition, through various networking and educational opportunities members are able to promote their business and listings to their colleagues in a professional manner.

These are the top 5 benefits of being a REALTOR® as I see it, and why every agent should seek this designation.  It kind of makes you wonder about those who aren’t members, doesn’t it?  The more pressing question is always, “What’s in it for ME?”  I understand that everything I do and say should probably be followed with a “So what?” 

Here’s what’s in it for you and why you should use a REALTOR®:

Educated students of real estate law who understand the law and work to ensure you have the safest transaction possible.

Ethical leaders who understand and are willing to do the right thing even though it may mean more work on their part.

Community minded people who understand that a home is more than a place to live.

Politically active advocates for the real estate industry, helping to protect all of our investments.

Well connected professionals always searching to expose you to more than the average agent.

Lesley and I would love to show you the benefits of having a REALTOR® on your side first hand.  We want to be the difference maker in your real estate transaction.

How to Read a Short Legal Description

Tuesday, October 28th, 2008
Fulton County Courthouse
Fulton County Courthouse

If you’ve ever tried to read a Legal Description for a property, you know how difficult it can be to understand.  Legal Descriptions represent the pivotal information in a contract that make it valid because it’s incredibly specific in its physical location.  An address is not a valid legal description in a contract.  You may be interested in finding more information about your property or your neighborhood, and a great place to start is with your legal description. 

At a meeting this morning, we were given a great presentation by Mrs. Leigh Clack, closing attorney with Neel and Robinson, on how you go about figuring out a legal description.  I found it incredibly helpful, and I thought I would share it. 

Here’s a Legal Description:

All that tract or parcel of land lying and being in Land Lot 145, 14th District, Fulton County, Georgia, being Lot 15, Block C, Grant Park Acres, as per plat recorded in Plat Book 235, Page 25, Fulton County Records, said plat being incorporated herein for reference.

123 Hill Street, Atlanta, Georgia 30315

Tax parcel 14-145-9-9-0

Here’s what that means:

Land Lot 145, 14th District:  The county is divided into smaller pieces for mapping and identification purposes.  This is also how deeds are indexed when recording.  This also matches part of the tax parcel.

Fulton County:  Deeds are only recorded in the county where the property is located.  Some properties lie in two counties and those deeds should be recorded in both courthouses.

Lot 15, Block C:   This identifies the exact Lot and Block of the subject property.  There can be multiple Blocks on one plat, so confirm that you have the correct Block first and then find the right Lot.

Grant Park Acres:  Name of subdivision based on the title of the recorded plat.  This name may not appear on an entrance sign, and sometimes a new or different name is actually used to identify the neighborhood (such as “Kirkwood” or “Brookhaven”).

Plat Book 235, Page 25:  Where to find the recorded plat.  Newer plats are available on GSCCCA, but all plats are available at the courthouse.

Address and Tax parcel:  Additional helpful information to confirm that you have the correct property.

Many thanks to Leigh Clack with Neel & Robinson, Attorneys at Law LLC.  You can reach Leigh at lenox@neelandrobinson.com.

REALTOR® Equal Housing Opportunity