First Thomasville GA Custom Green & Smart Home Builder

Growing Epidemic Dual Agency Selling Their Own Listing South Georgia

2012-02-01T04:50:00.000-08:00

So Why Does Dual Agency Even Exist?

Brokers want to double-dip on their own listings. What are the benefits of dual agency? to a Buyer or Seller NON,

A listing agent who also represents the buyer is a dual agent. Dual agents cannot operate in a fiduciary ("trust,") relationship with either party and must treat both sellers and buyers equally. They cannot share confidential information but they cannot give confidential advice.

A dual agent in California was sued by the seller because she told the buyer to ask for a carpet allowance from the seller. It is very difficult to obtain the highest and best price for the seller when the agent also represents the buyer. The dual agent cannot advise on home price nor terms nor negotiate on anyone's behalf.

Brokers have invented a fig-leaf called Disclosed Dual Agency in order to cling to the doubled commissions.

No Dual Agency!
Dual Agency is the process by which one real estate broker represents both the seller and the buyer in a transaction. It is legal in Georgia, provided it is fully disclosed and consented to by all parties. It is also of questionable ethics at best! Agents in some states are forbidden to engage in Dual Agency.

So What Benefit Does a Buyer or Seller Have When Using a Dual Agent?

Buyer = NON,
Seller = NON,
Dual Agency = Full 6% Commission

Extra insulation = Energy Efficient = NO - Are You Really Saving When Adding Extra Insulation?

2012-01-21T07:58:00.000-08:00

I would like to thank Thomasville Landmarks for holding a very interesting workshop and having Mr. Carl Seville of Seville Consulting, LLC as a speaker. The workshop talked about the importance of energy efficiency and green building and confirmed 99% on what we have been advocating since 2007. One of the questions asked was if adding extra insulation to an attic of an existing home it would make it more energy efficient after the installation. The answer was just a confirmation for our argument on the majority of the properties being listed by their listing representatives, where homes that add extra insulation would make them energy efficient. This application will have virtually no effect on the homes efficiency without addressing other priority key issues first and if the home was not built initially with energy efficiency in mind. In this case, this statement by the listing representative is being used as a gimmick and a marketing strategy. This was just one of the topics that confirmed what we’ve been advocating for the past 5 years about listed homes being aggressively marketed with features which are very misleading to consumers that are not knowledgeable enough on the subject. Green energy efficient homes are built better and above minimum code. There are no short cuts when building an energy efficient home.

We have being bringing energy efficiency awareness for 5 years and many in the industry have slammed our company for calling out what they have been doing wrong and marketing incorrectly to consumers. Thomasville GA, has had an ENERGY STAR Qualified home that many in the industry do not want to admit is the way to go.

Now the industry is faced with the “Not So Big House” movement that Capital Home Builders introduced in 2007. This home is currently up for sale at Sweetbriar Lakes Ph II.

Price Per Square Foot is Misleading for Real Estate Values

2011-12-29T06:22:00.000-08:00

Over the years working as a Realtor I have seen numerous home buyers as well as other Realtors try to use dollars per square foot as a good measuring stick for market values. Sorry folks but that is a very poor way to analyze value.

There are a number of reasons why this is the case but lets just start with individual homes themselves. If you look carefully at housing characteristics you can basically break down a home into one of four categories.

Economy~ Economy would be characterized as building a home in the most cost efficient manner. The materials used in constructing a home in this category more often than not will be cheaper than other categories of homes. The goal is to deliver a home that would be affordable to those buyers on a lower income. If you looked in a catalog of materials such as cabinets, flooring, lighting and plumbing fixtures you would see the lowest grade used in this category.

In Thomasville, GA these are the type of homes being built and sold "ECONOMY" with an "ECONOMY" home you also get the cheapest materials and labors the builder or unlicensed person claiming to be a builder can find. These homes are also built to minimum bare to low building code. So if you are looking for the cheapest homes for square footage price then these homes can be found in Thomasville, GA. So do not complain when these type of home ends up costing you more money on the long run, like water bill for one person over $100/per Month and other things going wrong or braking down.

Standard – A home built under this category would be a step up from an economy home. A large percentage of homes would come under this category. You would expect to see the quality of the home jump from an economically built home. With a standard built home you may see some construction items that could also be found in both economy and custom categories.

Custom – In a custom built home you are bound to see things that you will not find in either an economy or standard home. The quality of the materials used to construct the home as well as the amenities inside are going to be different. As an example you may see a higher level of finish woodworking, cabinetry, flooring selections and hot buttons like granite counter tops and stainless steel appliances. Custom homes are more unique and may have other architectural characteristics that make them more expensive to build such as intricate roof lines and higher end materials used on the facade such as stone or brick.

Luxury – A luxury home is the creme de la creme. These are the homes that are built with the highest grade construction materials. There is no expense spared on anything and the amenities seen inside the home are sometimes enough to make your mouth drop! It is not unusual to see such things as home theaters that rival going to the movies, indoor swimming pools, wine rooms and other such amenities.

Of course it is possible for a home to fall somewhere between each of these categories but the four categories are enough to show you why using price per square foot to determine a homes value is a very poor measuring stick.

Lets look at a quick example of two homes that are both 3000 square feet. They are both a year old.

House “A” has the following amenities:

■Granite counters and stainless appliances

■A custom tile shower

■Hardwood floors throughout the 1st floor

■Raised paneling and crown moldings

■A brick walk way

House “B” has the following amenities:

■Formica counters and white appliances

■A standard shower

■Carpets through out the 1st floor

■Plastered door openings with no molding

■A dropped flagstone walkway

How about a quick guess of which home is going to be worth more on a dollars per square foot basis?

This example clearly shows that you can not take the average price per-square-foot and multiply it times the square footage of the home you are thinking about buying. There are far too many variables involved with the characteristics of a home to make a generalization like that. It just doesn’t work that way. The pricing per-square-foot simply gives you average or median ranges; it shows you trends in the market. It does not compute value!

The comparison above only touches on one reason why cost per square foot is a poor indicator. There are others including the fact that prices per-square-foot can vary based on the homes location, improvements, condition, age and updates, including lot sizes, and whether it’s a one-story, two story or split-level home, among other things.

I think it is easy to see that if home “A” was also located in the best part of town and home “B” was not, the disparity of the selling price is going to be even greater which would change the price per square foot between the two homes.

One of the best reasons for even looking at the price per square foot of a home is to see what the trends are in an area. You can look at the average price per square foot over a given time period and see whether overall market are values going up or down.

In Massachusetts one of the other factors that can really skew the averages on the price per square foot of a home is how the square footage is actually calculated. In the Greater Boston MLS there is a big disparity on what agents include in the gross living area of a home. You will see that some homes include finished basement space and others do not. This can cause quite a fluctuation in how these figures appear when doing an analysis on square footage value.

As you may realize, finished space below grade is far less valuable than above grade living area. When these figures are mixed together it makes a straight line comparison much more difficult.

I have run into plenty of buyers agents over the years that try to present a case of why their clients offer is a fair one. When they start talking about price per square foot I usually end up giving them a lesson in proper market evaluations:)

Real Estate News and Views for Metrowest Massachusetts. Published by Bill Gassett RE/MAX Executive Realty

http://massrealestatenews.com/price-per-square-foot-is-misleading-for-real-estate-values/

“Builders in thomasville GA - Buying A Standard home Vs. A Custom Green Home?”

2011-12-23T09:11:00.000-08:00

Realtors are not the only ones looking for creative way to sell homes. We can not leave out those builders that are making the most of minimum code.

As warm moist air rises the felt paper allows the moist air to pass through, but if some of the moisture condenses on the underside of the shingle, the felt paper keeps that condensed moisture from touching the wood.An energy efficient (Green) home is a better built home. A green custom built home has to follow strict guidelines by the EPA and other green programs like LEED or NAHB Green. These guidelines are set so the outcome of a green custom home is a home built above minimum code, and a healthy home built above minimum code will save you 40% to 50% on your energy bill. A standard built home has no guidelines has no restrictions. A standard built home can be built with cheap materials, cheap labors, and built below or to bare minimum code and in my area these are the type of homes being built and widely shown for a quick sale. These homes were advertised as quality built, but changed to luxury. I guess the quality work was left out and someone pointed this out. Do the math, buying a cheap home / non green home will only cost you more money in the long run. See a few listed examples below.

Example-1: Wrong size A/C unit = If the A/C is to small it will work overtime to cool the house and if the A/C is to big your home will have too much Moisture in the house and to much moisture creates mold.
Example-2: If the roof is not vented properly all that heat will not escape again A/C unit will be working overtime and in winter the cold attic will take longer for the A/C unit to warm the house.
Example-3: Improper use of valley metal or no valley metal and the improper use of roof paper. All have a good potential for a roof leak.
Example-4: Holes in the sheathing or big gaps is a good way to get cold spots in winter and A/C leakage in the summer, Also A good potential to keep the pest control companies in business. Big problems, in my part of town.
Example-5: We can go on listing all of the non benefits of building a cheap home or non green home, but hopefully you get it.
Example-6: Felt paper.

2011-12-16T07:29:00.000-08:00

CAARE

Dual Agency is a conflictive relationship that strips buyers and sellers of service to a level that can best be described as abandonment. Dual agency arises when the real estate broker is representing both the buyer and the seller. It is illegal in every other fiduciary profession except under the most extreme circumstances. It is routinely practiced in residential real estate where there is the least amount of training. When a real estate broker engages in dual agency they may not work to the advantage or the detriment of the buyer or seller. In other words, all the reasons you hired your broker vanish - often with little warning.

Dual agents are legally prevented from negotiating price or terms (two of the most important reasons consumers hire Realtors). And perhaps the biggest problem with this betrayal is that it usually presents itself with little warning to the client - it is a bait and switch. The broker could be acting in the client's best interests all the way up to finding the house that creates a dual agency. At that point the buyer or seller are on their own.

In a dual agency, brokers don't have to share the commission with other brokers so they make twice as much money. They profit greatly from this practice. Realtors, who typically have no understanding of the legal ramifications of their own fiduciary relationship with their clients, often illegally counsel their clients of the so-called "benefits" of dual agency. We're here to tell you that there are NO benefits and that you should NEVER agree to dual agency. Find a small brokerage firm with highly qualified real estate agents and demand that they not engage in dual agency. The likelihood of dual agency arising with a smaller firm is far less than with a large firm. For more on this topic click here.

Real Estate Yard Sigh – MLS Listing = Full Commission For Dual Agency

2011-12-15T17:08:00.000-08:00

It is no mystery that real estate market is down, way down. Some Dual Real estate agents are trying to get creative by adding a yard sign but not listing the property on the MLS to other agents in the area. This gives a new meaning to exclusive listing. Why? Because a listing not on the MLS but has a Realtors yard sign gives the buyer no choice but to call the listing agent or the brokerage office only. “Dirty Little Tricks of Dual Agency”.

Is Dual Agency Bad News For Homebuyers? YES Georgia Is A Dual Agency State

2011-11-19T07:25:00.001-08:00

Dual agency definition: Occurs when the same brokerage represents both the buyer and the seller under written agreement. This means that if you have a buyers agreement with a real estate agent and find a home you are interested in that is under the same brokerage that your agent works for, another agent (or the same agent) within the same office can represent the seller.

A buyers agreement…that sounds pretty legal right?

Think again. Dual agency can be devastating to a buyer in certain situations. A company that allows dual agency may let on that they work as a dual agency but actually conduct business more closely to a single agency. In small companies, phone calls with the buyer regarding pricing and terms may be overheard or faxes accidentally viewed. Unintentionally, an agent may be talking about a buyer in the office and be overheard by the sellers agent. This can give the sellers agent information that may benefit the seller. A sellers agent’s fiduciary responsibility is to the seller and they must disclose any information they have that can help the seller.

By using a dual agency, buyers are giving up their right to have complete 100% buyer representation and loyalty from their real estate agent since the agent (agency) is representing the opposite side of the transaction as well. If you are using a dual agency, be careful with the information you divulge to your agent as this could be intentionally or unintentionally used in the real estate transaction.

The only way to completely avoid this issue is to use an Exclusive Buyers Agent like a Colorado Exclusive Buyers Agent. There are never any listings within the entire office of Colorado exclusive buyers agencies.

If you are ready to buy a home remember that you have the right to have complete buyer representation and an agent whose fiduciary responsibilities are to you and only you.

http://homebuyerscolorado.org/blog/benefits-eba/is-dual-agency-bad-news-for-homebuyers/

The State of Georgia, Thomasville, GA,and Cairo, GA. is a Dual Agent / Agency State.

Misleading Realtors:

2011-11-03T04:37:00.000-07:00

As the first builder and only builder building qualified green homes in Thomasville and the South Georgia area, we are seeing more and more homes being misrepresented by Realtors probably due to the down real estate market and the features being misused are the green features or energy efficiency when in fact its listing agent does not know anything about this market because they do not have the proper training. We can say that we have listed our Energy Star Qualified home with most of the brokerage offices in Thomasville and our listing agents could not explain our custom features or our homes green features to buyers. What makes it even worse is that they were not even interested in learning about the listing they had just acquired even after explaining that this was a new emerging trend and even listed all the features on paper. Not sure if they were just oblivious about the whole issue that was just barely emerging in the real estate industry or just plain languid.

At the beginning of our green home construction, the few Realtors that did show our Energy Star Qualified home were just showing it as a standard home and per square footage price. We would have to make ourselves available to explain our custom green features because they would tell us they did not know how to explain our features. But now, Realtors jump at the chance to misrepresent their listings just to get a piece of this market without even getting the proper training. We would like to point out that the new MLS at some level has a green initiative and has clickable module that lists certain green features and it looks like Realtors are abusing this green feature of our MLS to falsely promote their listings as being green or energy efficient ignoring the legal implications it may have on them and their brokeage office. Mind you our industry has MLS regulations that unfortunately the designated committee turns a blind eye and are very relaxed in its enforcement. The common examples are as follows stating that the listing has thermal doors. Does the listing agent even know how to determine if it is a thermal door? Most Realtors do not know, so it is up to the consumer to research these green features to verify that in fact they are buying these features. Another common misrepresentation is extra insulation, well if the extra insulation is not installed correctly and does not reach the correct R-value this does not have much of an effect to even call it a green feature. It comes to a point when too much insulation has NO effect at all in saving energy and nevertheless calling it an energy efficient property when it has not been verified in its before and after improvements. When Realtors make these false claims on their listings, they should be able to provide documentation from its manufacturer with proof of its energy efficiency as well as for the extra insulation. An agent that has the green home feature training would be able to point out if these features are misrepresented. Realtors should be better trained in this area because it helps them understand the difference in building a minimum code home to building a home to a green qualified designation. As a consumer and a 100% committed to green building, I encourage home buyers to perform a thorough research of the home they are buying because buying a home is a high price ticket item that they will be living with for the rest of their ownership

The State of Georgia, Thomasville, GA,and Cairo, GA. is a Dual Agent / Agency State.

Bad Agent Practice

2011-10-22T07:20:00.001-07:00

I have been noticing more and more often that agent's are leaving listings with an Active Status, despite the fact that they already have the home under contract. I hate having to explain to Buyers, that have just looked at a home and are ready to submit a contract, that the home is actually unavailable and has been under contract for weeks. This makes the Showing Agent look incompetent and deflates the spirits of an excited Buyer, who will now have to redirect their efforts after already having their heart set on a particular property.

This bad agent practice is inconsiderate and makes our job, as Realtors, more difficult than it needs to be. Furthermore, I do not feel that leaving a comment in Agent Remarks that the home is "Pending" is sufficient because this scenario still allows the Buyers to view the home in their searches and places agent's in the awkward position of having to explain why an unavailable home is showing as Active/Available.

Is anyone else bothered by this recurring practice?

http://www.realestatewebmasters.com/forum/threads/41720-Bad-Agent-Practice

I would also like to add that YouTube is also a place for old listings not removed from realtors.

The State of Georgia, Thomasville, GA,and Cairo, GA. is a Dual Agent / Agency State.

Never Agree to Dual Agency

2011-09-21T05:38:00.000-07:00

When Your House Shrinks – A Case Study of Wrong Square Footage Size!

2011-09-15T04:53:00.001-07:00

CHECK Your Square Footage When Looking For A Home in Thomasville, GA. And look for the words “By Owner” Realtors think by using these words it will get them off legally, but NOT, they are professionals and if public record has one square footage and owner has a different square footage they need to disclose it and you as a home buyer need to know WHY the discrepancy.

One of the first things people ask when they are interested in a home is “What’s the square footage?” One of the first things we ask buyers, once we know their price range is “what size home do you need?”. With few exceptions, people are able to immediately quote a size range in square feet. Square footage measurements make it easy to compare and sort one house against another and to decide, when searching, which homes to select initially as candidate properties, and which to exclude.

Many agents and buyers use the square footage size of the home to compare the price per square foot against the average price per square foot of homes sold in the particular neighborhood or area in which the home is located. Agents and Buyers use the square footage in this manner because no other characteristic of a house is as easy to understand, or as generally reliable to compare. Of course square foot size it is not and should not be the ONLY criteria used in valuing a home. There are many other factors to consider. But in Austin TX it is simply a fact that square footage size is a primary and common measure of value comparison used by agents, buyers and sellers when evaluating and comparing homes of similar size, quality and location and trying to determine what a fair offer or list price will be for a home.

So what happens when it is discovered after the fact that the square footage size of a home is substantially smaller than the number represented by the Seller? This just happened to one of my Buyers, prior to closing, and the outcome was that the deal fell apart, the Buyer may lose his Earnest Money, and the home will have to be returned to the market with the square footage amount corrected. The issue is a bit more complex than it first seems, and it’s one of those cases in life where, in my opinion, common sense and fairness collide with established law.

The Story
I’m scanning new listings one morning and I see one in a hot part of area SW in South Austin that raises my eyebrow. A newer 2100+ sqft single story 3/2/2 with 2 living areas plus a study listed for less than $220K in a neighborhood where few homes sell for less than $250,000 anymore. I immediately go preview the property and it looks good. A CMA (Comparative Market Analysis) reveals the home to be under-priced, as compared to other homes in this neighborhood that are single-story between 1900 and 2300 square feet (I usually go about 10% above and below the square foot size of the subject property when looking for suitable comparable sales). I matched one of my buyers to this home and we made an offer, based on the value reflected in the CMA, which was well over the list price. The offer submitted by my buyer was selected in favor of 4 other offers received by the seller.

Upon what did the Buyer rely in thinking the home was 2100+ square feet in size?
The listing stated that the home was 2100+ sqft and the source of the number shown in the listing was an appraisal. The Tax Records showed this home to be just below 1800 square feet in size, but the home felt bigger because of the layout, and the Seller provided the actual measurements sketch from his previous appraisal to validate the size at 2100+ sqft.

As Realtors, we are taught if there is a discrepancy in the Tax Record size and an appraiser’s square footage measurements, to always trust the appraisal. This is because the appraiser is a licensed professional who actually visited the home and measured according to industry guidelines. The Tax District does not perform this sort of measurement and they often guess, or use builder’s floor plans, or rough exterior dimensions.

It is reasonable to assume that the appraiser will produce a more accurate square footage measurement that the Taxing District. Secondary to that is that fact that this particular home has all of the areas one would normally find in a home of 2000 square feet and larger – the second living area and the 4th bedroom/study, with a big family room and kitchen. So, upon walk-through, one would not necessarily think that the house ‘feels’ smaller than the stated square footage. I certainly didn’t and neither did the listing agent, who is also very experienced.

When the Buyer’s appraisal was completed, it showed a smaller size – 358 square feet smaller – than the Seller’s appraisal measurement. Appraisal measurements for homes almost always differ by some amount from the square footage listed in the Property Tax Records, but a 20% difference is unusual and substantial. It is not a trivial amount. Now we had to wonder which appraiser to believe? The buyer’s appraisal was only 8 feet different than the Tax Records, so we started thinking it was now very possible the home square footage size was overstated in the listing.

In looking at and comparing the property dimension sketches of both appraisals, I could see that the discrepancy could be assigned to the measurement of the depth of the house. One appraiser had it at 51 feet deep, the other at 45 feet deep. So I went and personally measured the depth of the home and it was indeed 45 feet. The buyer’s appraisal and the tax records have it right – the home is less than 1800 square feet in size. A subsequent third appraiser was hired to go measure the home and he also came within less than 8 feet of the Tax Record amount.

The square footage of the home had been unintentionally misrepresented and overstated by 358 square feet (20%) to all prospective buyers via the information represented in the MLS listing and the seller’s appraisal diagram of the home.

So what’s the big deal, it’s only a number, right?
This misrepresentation resulted in inflated CMA analysis by me and no doubt other agents in helping our buyers determine competitive offer prices. A new CMA using the correct square footage results in a much different value. It comes in at $3,000 below the list price, whereas my original CMA showed the value substantially above the list price.

Since this buyer is an investor, I also ran a new leasing market CMA and concluded that homes smaller than 1800 square feet in this neighborhood rent for about $200/mo less than homes that are, on average, 350 square feet larger. This changes the financial equation for the buyer. The home is not what it first appeared to be from a financial investment standpoint.

So now what?
The over-stating of square footage size was pointed out and documented to the Seller. The buyer at first offered to pay the original full list price and go ahead and close (which was just a week away), but felt that the current contract price had been obtained as a result of an unfair market advantage enjoyed by the seller, due to the fact that all offers were calculated using an overstated square footage.

Since my buyer knew that he was not willing to pay the contract price, it was in fact the case that the Seller obtained a higher contract price than he would have otherwise, had the correct square footage been listed from the start. Since the Seller did not respond by acknowledging the mistake and offering to work toward a fair outcome, but instead basically said “buy it or lose your earnest money”, my buyer decided to walk away from the deal.

Unlike the Seller, my Buyer would never have had the advantage of advertising and marketing this home as a 2100+ square foot home. 2000 square feet is a hard cut-off or a “bright line” for many buyers and renters. Whether we like it or not, even though this particular home has a good layout and feels bigger than it is, it will never appear in MLS leasing or sales search results for people who desire a home 2000 square feet or larger. It won’t even appear in searches for homes 1800 square feet or larger. This could affect its future market value and the ability of the home to appreciate relative to the contract price.

What value did the home appraise for, and does that matter?
The home appraised for the full contract price, and yes it does matter. The legal wisdom in this situation says that the measurements don’t mean a thing if the home appraises for the contract price. As long as the home appraises for the contract price, the buyer has no argument and everything I have said above with regard to CMA’a, square footage preferences of buyers and renters, etc., means nothing. The argument is basically that the home itself has not changed. It’s still the same home, with the same rooms and walk-around space regardless of the measurements. The seller isn’t selling square footage; he is selling the home the argument goes.

I was told this by Texas Association of Realtors Attorney at the TAR legal hotline, with whom I discussed the matter two days ago. He says it is entirely the Buyer’s obligation to verify square footage, period. Case law mostly agrees. Unless there was intentional foul play, all of the consequences of this error fall on the Buyer, simply because the error was revealed after the Option Period expired, and because the home appraised for full value. If the buyer fails to close, he is in breach of the contract, according to real estate lawyers, and the seller could pursue remedies if he should so choose, including refusing to sign off on a return of the Earnest Money.

Attorneys Have it Wrong
If I may be so arrogant, the attorneys have it wrong. I would agree with the attorneys if we were talking about a 50 or 100 square foot difference of 5% or even 10% of total size, but this is a 358 square foot mistake that amounts to more than 20% of the size of the home. That, in my mind, is a substantial and material misrepresentation of size and it puts the matter into a different class of discrepancy.

Additional, I would argue that placing the tuning point upon the appraisal alone ignores that fact that the appraisal is itself influenced by the contract price, and therefore it can arguably be said that the appraisal was influenced by the incorrect square footage that created inflated CMAs that produced the market frenzy that resulted in multiple offers and thus the contract price.

Appraisers will deny that the contract price itself influences their final number, and I don’t believe it. If final appraisal amount is not influenced by the contract price, then why do most appraisals just happen to land on the exact contract price? Appraisers always request to see the actual contract and they cannot say that the number is not looked at. It is mathematically and statistically impossible that such a high percentage of appraisals would equal the exact sales price without the sales price influencing the appraiser’s final assessment.

In order for the “well, it appraised for that value” argument to hold water, the appraiser would have to be able to honestly say that his appraisal would have been exactly the same dollar number even if the contract sales price had been lower. Given that we hardly ever see an appraisal for more than the contract price (for reasons I won’t go into), I find it highly doubtful that any appraiser would have appraised this particular home for the exact value of my buyer’s offer, had that offer not existed.

So, absent the high offer made by my Buyer, the appraisal amount that legally traps my Buyer in the deal would not exist. Since that high offer existed based largely on incorrect market data generate by the Seller’s unintentional misrepresentation of the square footage size, it invalidates the argument that the appraisal amount binds the Buyer to the deal. If you’re an appraiser or lawyer and want to debate this with me, have at it. I’m willing to listen and learn, but common sense and math are not on your side.

So what is the home really worth?
The irony of this is that the home may very be worth what my buyer was willing to pay, but probably not. I won’t know until I see what the house eventually sells for, but I’m betting it will be for less than my buyer offered.

But because of something we call “gap pricing”, a home like this one can often sell for more than a Realtor’s CMA would suggest. This is because once a neighborhood starts seeing a gap in pricing between the smallest homes and the larger ones, the smaller ones benefit from the fact that buyers who want to “buy in” to a particular neighborhood will make concessions on home size just to get into the neighborhood, its schools, amenities, etc.

So, when only 2 or 3 homes are on the market for below $250K in a highly desirable neighborhood with an average sales price of $300,000, we can often see the lowest priced homes get bid up.

But if that happens with this home after it returns to the market, it will sell to a fully informed buyer who intended to purchase a home less than 1800 square feet in size, and who made his offer knowing full well exactly how much higher he is willing to go over the sales comps for a home of that size in that neighborhood. And the Seller would know that the offer he receives is made by a fully informed buyer who knows the correct size of the home he is purchasing and who has looked at market analysis prepared using the correct square footage.

So what would have been the fair thing to do?
If I were the seller in this situation, I would have accepted the buyer’s offer to reduce the sales price to the original full list price, which was $3,000 higher than the market analysis suggested for this home. If I didn’t want to do that because I thought the home, even with the correct square footage listed, would sell for more than list price anyway, and that I could get that from a new buyer, I would have acknowledged that an honest mistake was made and let the buyer out of the deal. I would not have said to the buyer essentially “screw you, you have to pay me the full price you offered even though we all now know that that offer was made as a result of a misrepresentation of square footage by me.”. It wouldn’t matter to me that an attorney says I can try to hold the buyer to the original price. I would want to do the right thing.

What would you have done if you were the seller or the buyer in this situation? If the buyer had gone ahead and felt pressured to close at the original contract price, would we be able to say this was a win-win deal and would we be able to say that all parties were treated fairly?

http://crosslandteam.com/blog/2006/06/24/when-your-house-shrinks-a-case-study-of-wrong-square-footage-size/

Watch For "Green" Claims To Rise In Real Estate

2011-08-30T05:28:00.000-07:00

The town of Thomasville, GA Is NOT immune to “Green Washing”

I was recently introduced to an article in the St. Petersburg Times that deals with the now-popular term "greenwashing". It was called "'Green' Houses in Name Only?" by Chuin-Wei Yap. I thought the author did a good job of framing the problem that is starting to crop up everywhere in real estate - sellers inappropriately identifying their homes as "green" or "energy efficient". I loved this quote:

"As home building slumps and environmentalism becomes a business advantage, a fast-growing market for green homes is becoming synonymous with "buyer beware"

The article addressed the lack of proper oversight in "green" claims and the frustrations certifying organizations face when they see claims being made. Since most of the oversight still is voluntary, there's nothing to stop a builder (or realtor) from making a claim that the home is energy efficient or even green-built. In fact, we have at least one builder I know of who's labeling their homes as energy efficient (they're nothing special, and are not certified as Energy Star or better to my knowledge). When I questioned the claim to the listing agent (in a friendly way) I got silence in reply.

"Greenwashing" is the general term for mis-representation or over-representation of a product's environmentally-friendly attributes. Keep a sharp eye out for this trend in real estate and "buyer beware".

http://activerain.com/blogsview/502458/watch-for-green-claims-to-rise-in-real-estate

Dual agency = Let's Screw Them Twice!

2011-08-23T11:15:00.001-07:00

I realize some states are lucky enough that Dual-Agency is ILLEGAL and I wish tomorrow it would become illegal in ALL states, but until then, I'll continue to warn buyers & Sellers to stay clear of DUAL AGENCY! For any reader that doesn't know what dual agency means, it's when one RE agent represents BOTH buyer & Seller. Trust me, you DO NOT want to EVER have your agent represent both you and the Seller/Buyer. It can be the WORSE move in the RE transaction that you could possibly make!!! And guess what? It DOES NOT help you as a Buyer OR Selller in any way shape or form. The ONLY person it helps is the agent and or broker! How? Because it takes one agent out of the equation therefore it ultimately give the agent/broker MUCH MORE OF YOUR MONEY!!! You have ABSOLUTELY NO OBLIGATION to agree to DUAL AGENCY and why this is still legal in many states is a complete mystery to me!!!!

MAKE SURE that when you sign your listing agreement, Buyer's agent agreement, or any paperwork for that matter, you DO NOT allow the RE agent to slip you this DUAL AGENCY form to sign!!!!

Would you want your attorney to represent you and the defendant? THIS IS NO DIFFERENT!!!! PLEASE BEWARE! It's your money and your house! Guard it with your life! Think about it? Why else would it be ILLEGAL in many states?

Dual Agency Should Be Illegal! - Georgia is a Dual Agency State

2011-08-23T04:26:00.000-07:00

You can't have partial loyalty. An agent either works for you or works for someone else." -CONSUMER REPORTS Feb '94

According to the National Association of Realtors, “As a customer, a buyer is not represented by an agent… the agent cannot negotiate on the buyer’s behalf nor reveal to the buyer any confidences of the client, the client is the seller.” Without the benefits of using a Buyer Representative, you become just a customer to the seller and their agent.

The seller’s agent is legally obligated to get the most money for the seller. Can the Seller's Agent who is contracted to work in the best interest of one party also work in the best interest of the Buyer? They can not. A seller’s agent, by law, must work in the best interest of their client, including giving information about the buyers to the sellers. Buyers Agents work in your best interest. The goal is to get you the best price and the most savings possible.

This is not Real Estate for Dummies. But, it probably should be. The basic definition of dual agency is “The same real estate agent is representing both buyer and seller in the same transaction”. Dual agency is the single worst issue involved in real estate. The average “Joe” out of the street easily understands that dual agency is WRONG. This seems like common sense to the regular guy. So, why can’t the politicians and many real estate agents & brokers understand this simple terrible concept? The main reason why dual agency exists is because of the glorious MOOLAH. Real estate brokers and agents have a huge financial incentive to be involved in a dual agency transaction at the detriment of their buyer or seller. Dual agency has no benefits to protect the consumer (buyer or seller). One of the simplest and best examples that I’ve ever read about the problems of dual agency actually came from a traditional real estate agent (Matt Difanis) in Illinois and not an Exclusive Buyer Agent. A few years back, Matt had a sent this letter to the Realtor Magazine.

Here is another real simple definition; agency is when a real estate broker discloses “who” & “how” they are going to represent a buyer or seller. Home buyers need to STOP spending all their time on the Internet looking at pretty pictures of potential homes and START spending more time fully understanding all types of agency (dual, single, transactional, limited or designated). Understanding agency is definitely not the most exciting part of the home buying process. As a matter of fact, it is down right boring. But, PLEASE, PLEASE, PLEASE; before you start down the path of buying a home make sure you spend time fully researching everything. As with many major financial decisions (car, home, vacation, etc.) most of us end up rationalizing decisions based on emotion, don’t make a decision based on emotion!!

Non-disclosed dual agency is ILLEGAL in all 50 states. But, only a few states have made (disclosed) dual agency illegal. Dual agency should be”outlawed” and made illegal in all 50 states. If you are a buyer or seller involved in a dual agency transaction and you don’t completely understand dual agency than you should immediately contact or RUN to your nearest real estate attorney.

A TRUE AGENT is one who provides 100% loyalty to his/her clients 100% of the time. No dual agency; no "designated agency", no "transaction brokerage;" no "Chinese walls;" no weasel clauses! - International Real Estate Directory

Buyers Agent: Representing People, Dual Agency: Commission

http://mybuyerbrokerblog.com/2007/10/28/dual-agency-should-be-illegal/

Homeowners angry about lower priced homes in Craig Ranch

2011-08-22T12:10:00.000-07:00

by STEVE STOLER

WFAA

Posted on June 4, 2010 at 7:20 PM

Updated Sunday, Jun 6 at 8:26 PM

Related:

McKINNEY — Nearly 100 new homes are about to pop up in McKinney’s Craig Ranch. You’d think that would be good news for the luxury community but some neighbors are not rolling out the welcome mat.

The homes in the area currently range from about $400,000 into the millions but the homes being built are substantially less.

Beazer Homes, one of the largest builders in the country, bought 93 lots in The Settlement neighborhood at Craig Ranch. The houses, described as "luxurious and high performance," will be among the lowest priced at the master planned development.

“Do you think I want a $200,000 home next to my house? Absolutely not," said Carol DeMott, a homeowner who lives in The Settlement.

Some homeowners, like DeMott, are concerned lower priced homes coming into the neighborhood will drive their property values down.

“Would you want to buy a million dollar home next to a home that's going to cost $200,000 to $300,000? I don't think so," said DeMott.

Michael Blackwood lives adjacent to the land where Beazer will build new homes. He calls it a good news-bad news situation.

He likes the possibility that all the vacant lots in the settlement may finally be filled but he has concerns. “I do see a possible negative happening because the lower priced values of the home will drive down prices a little bit," said Blackwood.

Craig Ranch executives want to ease homeowners' concerns.

“Every builder in there, it doesn't matter who it is, they're going to try to sell it for the most they can. So that product level is in the mid twos to threes. I think eventually it's going to be even higher," said Miles Prestemon, Craig Ranch chief operating officer.

Prestemon says builders must follow Craig Ranch architectural guidelines but that is not easing anyone’s concerns.

E-mail: sstoler@wfaa.com
________________________________________________________________________________

It looks like this type of situation is happening more and more, but in our area of south Georgia in a small town like Thomasville, GA. Homes are being built by one claiming to be a builder and working under someone else’s license but that is not the bad part, the bad part is the lack of building knowledge of this person and at the same time taking short cuts and building to bare minimum code and below. Homes are being built in Sweetbriar, Jordan Oaks, Gatlin Creek Thomasville, GA. With the help of the county inspectors and local Realtors these homes are being SOLD.

Dual agency disclosures fail homebuyers - Georgia

2011-07-19T06:37:00.000-07:00

A look at some of the worst-offending states
By Steve BergsmanInman News™
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Although some states ban the practice, called dual agency, in which the same real estate broker represents the buyer and seller in a real estate transaction, most states have settled for a kind of disclosure Band-Aid that doesn't work well for consumers.

It's a little like the warnings on cigarette packets about the dangers of tobacco that really don't make much difference to those who really want to smoke.

I'm told that more states used to ban dual agency, but real estate associations lobbied hard for the passage of regulations that permit this "double-ending" as it is also referred to, in some form. So what we have ended up with is a kind of cigarette packet of regulations: "Yes, you can have dual agency (or some variation of it), but here's your warning" -- which is most often ignored.

The way it now works in some states: An agent or broker has to reveal to the homebuyer the possible ways that the buyer will be represented, including dual agency. The buyer signs a disclosure statement and everyone pushes on.

The problem is -- and all real estate agents understand this -- when consumers find a house they want to buy, they become so emotionally involved in the purchase that they barely listen to the legalities because they are focused only on two things: price and purchase.

Besides, they may end up signing many disclosure documents, so no matter what the documents say, it all gets lost in the shuffle of papers.

"A consumer will do much more due diligence and much more research buying a car, which is 1/20 the value and guaranteed to depreciate compared to a property," said Tim Walters, a principal with The Home Buyers in Minneapolis. "They do much more research on car buying than on who will represent them in buying a home and what is the best way to purchase a house."

Secondly, even if a consumer does, perchance, look at the disclosure, the wording is often so obtuse it's really hard to discern the point being made.

Walters sent me the Minnesota disclosure, which begins: "Minnesota law requires that early in any relationship real estate brokers or salespersons discuss with consumers what type of agency representation or relationship they desire." I'm not sure how to interpret the meaning of "early," here, and the wording seems vague.

Walters said that in Minnesota disclosure is to be discussed at initial contact, though in practice that may not be the norm.

"The agency agreement is a legal-sized document of a page and a half and it is really remarkable how it is skimmed over," he said. "You don't go over it in detail, because it even says on the document that this is not a contract, just a disclosure."

In Arizona, N. Mark Kramoltz, an attorney and real estate broker, abhors dual agency, calling it a "fiction" invented by the real estate industry to double-dip, or win commission for both sides of a sale.

"This is the biggest purchase of people's (lives) and they deserve to have the best representation, the utmost loyalty and confidentiality, and dual agency automatically undercuts that," he said.
Kramoltz is not a fan of Arizona's disclosure form, which was created by the state REALTOR® association. "It says if there is going to be dual agency, then both the buyer and seller have to consent, but it doesn't mean informed consent -- only that they have to sign a document. The form gives weak notice that dual agency is not in the best interest of buyer and seller."

Kramoltz said many agents now represent themselves as buyer's agents, but will also take listings.
New Jersey requires disclosure at first significant contact, said Paul Howard of www.njhomebuyer.com and a member of the National Association of Exclusive Buyer Agents.
The big loophole in New Jersey is that brokers can advertise as being buyer's agents, but they work for large companies that have listings.

The New Jersey disclosure statement, titled, "Real Estate Relationships," does state that "to work as a dual agent, a firm must first obtain the informed written consent of the buyer and the seller," but people who want to be dual agents minimize the effect of it, said Howard.

"I was in an online discussion and an agent commented that she explains the advantages of dual agency to her clients," Howard said. "My reply was, 'The state law requires that you tell what the disadvantages are.' "

The problem is a lack of proper disclosure, said John Sullivan, vice president of Buyer's Edge Co. Inc. in Silver Spring, Md. "If consumers were more aware of their choices, there wouldn't be a problem with dual agency, because no one in their right mind would do it."

Sullivan works in Virginia, Maryland and Washington, D.C.

"The D.C.-area disclosure is probably the worst in the nation," he said. "It says nothing more than the dual agent represents the buyer and seller. Virginia says much the same thing, with the addition that you might be entitled to other rights under the law, so here's a citation -- go look it up. Maryland's law is so confounded it actually permits an agent working for a brokerage to perform functions that a broker cannot perform."

As with other states, in Maryland and Washington, D.C., disclosures are to be made at the first scheduled meeting, which is always a problem. As the National Association of REALTORS®' studies in the first decade of this century show, only about 30-35 percent of homebuyers received disclosure information in the first meeting, and as many as 22 percent didn't received any disclosure at all.
Even before the recession, buyer representation lawsuits started to multiply significantly, according to a legal scan by NAR.

"State real estate associations lobbied for the passage of laws permitting dual agency," said Bruce Hahn, president of the American Homeowners Grassroots Alliance. "But, it was short-sighted on their part because of all the problems that have (arisen), bad publicity, and damage done to the profession's reputation."

Steve Bergsman is a freelance writer in Arizona and author of several books. His latest book, "After the Fall: Opportunities and Strategies for Real Estate Investing in the Coming Decade," has been ranked as a top-selling real estate investment book for the Amazon Kindle e-reader.

Can you trust a dual agent realtor to work on behalf of the buyer or Seller?

2011-07-14T07:46:00.000-07:00

SEE HOW MANY REALTORS ARE OPPOSED TO DUAL AGENCY on Zillow.com about working with a dual agent. It is very interesting that I am NOT the only one that feels strongly about working with a dual agent. This is allowed in Georgia and yes even in Thomasville, GA. It is illegal for a dual agent to try an influence a buyer to a particular listing that is listed by the same agent or benefit the same brokerage office or a co-workers listing to keeping the sale in house with the same office. It is illegal to tell a buyer that a property is overpriced so not to show a particular listing. A dual agents responsibility is to show the buyer all listings in that buyers price range. IT IS ILLEGAL FOR A DUAL AGENT TO DO OTHER WISE.

A MOST READ IF YOU PLAN TO WORK WITH A DUAL AGENCY.......

http://www.zillow.com/advice-thread/Can-you-trust-a-dual-agent-realtor-to-work-on-behalf-of-the-buyer/396844/

Important Reading - Educate yourself on How Dual Agency Real Estate Can Work For You or Against You and Save Thousand in Thomasville, Georgia.

2011-05-11T04:51:00.001-07:00

READ POSTINGS BELOW

A Very Good Case for Outlawing Dual Agency?

2011-05-09T04:42:00.000-07:00

Small Towns Are not immune, in fact are more likely to have the virus.

There has been a lot of buzz on the Internet, and here at ActiveRain, about the 'evils' of dual agency. While some agents seem to have no issues with it, all you have to do is run a quick search on the subject and read some of the comments on blogs about it to see that many agents do. Now, it's hard to have a good discussion on dual agency over the Internet because the fact is dual agency means different things depending on what state you're in and the laws concerning it.

In NC, dual agency is created at the company level. This means that if I am the listing agent and a fellow Century 21 American Home agent has a buyer client (signed agreement) making an offer on it, we are BOTH considered dual agents in the transaction.

Many people have questioned how an agent can effectively "represent" two opposing clients via dual agency. A recent Charlotte Observer article, N.C. Realtors protesting part of rule on disclosure brings to light another issue with dual agency as well.

The article states that 3 of the state's largest area metro REALTOR® associations are actively protesting a 2008 rule that requires a buyer's agent to fully disclose the amount of compensation that they might receive if they sell a particular home. Full disclosure shouldn't be an issue, so why is it? Well, those companies that are making the biggest stink about it are pushing "in-house" sales. That's sales where the listing and selling agent work for the same company. They push these sales by offering bonuses to agents that sell in-house listings.

What I find most shocking in the article are comments from the leading agent(s) promoting this protest. "...the rule requires burdensome disclosures for potential "in-house" transactions..." and "We don't believe in-house compensation is a disclosure issue," Really? REALLY?

I find it hard to believe that an experienced agent, a person that has spent years in the business, truly believes that it shouldn't matter to a buyer if their agent (or agency) is getting a specific bonus or extra incentive to sell THAT home possibly over another property. I wish I could say I am shocked by that, but truthfully, I'm not. I can say that I am a bit ashamed to have to be associated with them, however remotely that may be.

What those supporting this protest are saying is that, as the disclosure laws stand, they are forced to disclose the 'seller's side' of the commission to the buyer and that the buyer should not be allowed to view that information. HELLO! Unless there are some pretty unusual circumstances, the seller usually 'pays' ALL the commission (and bonuses). There is no seller side and buyer side commission (and that's another post entirely).

Century21

Dual Agency is the Ultimate "Bait and Switch." | Caare

2011-05-05T06:18:00.000-07:00

Dual Agency is the Ultimate "Bait and Switch." | Caare: "Dual Agency is the Ultimate 'Bait and Switch.'"

Home Inspectors Under Scrutiny For Payments To Realtors - Omaha News Story - KETV Omaha

2011-05-01T14:14:00.000-07:00

Home Inspectors Under Scrutiny For Payments To Realtors - Omaha News Story - KETV Omaha

HOME BUYERS FIND YOUR OWN INSPECTOR................

Seller Beware: Is Your Agent Protecting Their Best Interest?

2011-04-21T08:31:00.000-07:00

Just because you’re in a small town does NOT mean it has not happen.

Those who are regular readers of TrueGotham know that this blog was born out of the necessity in my mind to dispel the used-car salesman persona of real estate agents. Before I go further I want to say that I’m sure that there are a great deal of honest and ethical used-car salesman but I use that industry because…well…you know exactly why. I must also state that for the most part, the agents whom I have worked with recently have been of a higher ethical and professional caliber than I have seen over the past 17 years in the industry. The bar is definitely being raised thanks in part to a much more savvy and demanding consumer. That said, it only takes one bad apple to spoil the bunch and oh boy are there some apples out there that are just rotten to the core. The following example is precisely why some members of the public continue to distrust our profession.

Recently, a friend of mine who has been a top producing real estate agent for more than 20 years in the Manhattan real estate market had an experience with one such worm-infested, pesticide laden, poor excuse for an apple. She is representing a seller who has been a long time friend and who’s children are friends with her children, etc. They treat each other like sisters. Due to some current financial changes, these people are selling their current home to move into one of the top public school districts in Manhattan.

On a recent Sunday, the husband visited an open house being conducted by one of this agent’s colleagues. Immediately upon exiting the open house, the husband contacted his wife who reached out to her friend the agent to get comps and discuss the property. This agent immediately reached out to her colleague who was representing the seller to get additional information on the property including an understanding of what comps were used to price the home. Here’s the rub. Instead of having the common courtesy, which MOST OF US DO, to reply to his colleague with the information requested, he contacted the client directly suggesting that if they worked with him directly they would have a better chance of procuring the apartment. My friend then explained to her friend that based on this agent’s disgusting behavior, she would probably be best served by dealing directly with this sleazeball and she would coach her friend from the sidelines and forgo any commission…at least for now.

Now I know that many buyers out there feel like this is indeed the norm but I’m here to tell you that in my 17 years in the industry, it’s NOT. With almost every property that I have sold in the past there has appeared the direct buyer who points out that s/he is not working with a broker as if that would give them an advantage over another bidder. Here’s why that "advantage" doesn’t actually exist.

The buyer often believes that by going directly to the seller’s agent that they can either capitalize on the agent’s greed to collect the entire 6% (not out of the question unfortunately) or they have leverage to negotiate the price by a percentage of the agent’s commission (not likely particularly if you’re happen to be dealing with that greedy agent). The problem lies in the fact that given the small percentage of deals that are done directly with no buyer’s agent, there is less of a chance that the seller’s agent will reduce the commission. They would rather seize the opportunity to capitalize on the direct buyer. In the boom market of the past decade where multiple offers were the norm, being a direct buyer may have given you some sort of advantage. But in today’s market of marathon negotiations, it makes much more sense to have an advocate on your side negotiating on your behalf.

Back to our scenario…on the rare occasion when you find yourself dealing with a greedy seller’s agent like this, the most important factor to consider is whether or not you trust your agent (representing you as a buyer) to do what is in your best interest which could unfortunately (for your agent) even be to step out of the transaction. It’s times like these where you will see the true character of a real estate agent. I’m very pleased to say that the buyer’s insistence on having her friend represent her in this transaction paid off and they are on the road to a successful purchase.

As for the uncooperative, self-serving seller’s agent, his reputation is becoming more tainted on a daily basis and I suspect that as the industry learns more about how he does business, his deal flow will begin to slow. We can only hope. By the way, not surprisingly, he does a greater number of direct deals than the norm.

Lastly, if you’re a seller and curious about the agent’s reputation whom you decide to hire, ask them what percentage of deals they do directly with no buyer’s agent. If they answer more than 25%, you may want to further question them as I believe about 90% of transactions take place with each side being represented by their own respective agent.

And the reason this all matters is because you don’t want an agent like this to convince you to accept less money from a direct buyer in an effort to line their own pockets.

Douglas Heddings June 9, 2009

Thomasville, Georgia - Good ol' boy network - Alive and Well

2011-02-16T08:52:00.000-08:00

Good ol' boy network and its meaning:, or "Good old boys", describes a system of social networking alleged to exist among communities and social strata. These networks are assumed to be located throughout the world and very prominent in small towns like Thomasville,GA. It is sometimes taken to refer to informal legal, judicial, social, religious, business, and political associations among members, ("good ol' boys").

Some negative effects of the good ol' boy network are its exclusion of others, leading to possibly limiting business transactions to other elites or to friends or acquaintances from within the network, to give friends better deals, and generally to reinforce traditional power structures over any other elements in the society.

Most consumers and sellers do not realize that some real estate agents and brokerage offices supporting these low to bare minimum code homes knowingly and pushing these homes to consumers are only doing so for its easy sell while many listings sit un shown for years and sellers jumping from brokerage companies in hopes that their properties are shown more often. While these new under minimum code homes are pushed to consumers for being the best of the best other home sellers sit listening to their listing agents advise them to lower their selling prices because new and bigger homes are being sold for rock bottom prices and these prices are possible because of cutting corners in building cost. Our building inspectors should be vigilant to these practices in order to protect the consumers in order for them to utmost acquire a home built to minimum code.

It's becoming more and more common to find misrepresented listings and claiming the properties to be more efficient and misstating their square footage in order to manipulate the price/sq. ft. and by using the words (By Owner) as a loophole for the real estate agent and is sadly tolerated while the consumer gets mislead only to find out they ended up on the shorter end of the deal.

Whatever happened to looking beyond the square footage and weighing in the amenities of each property and negotiating and comparing property amenities and their individual situation for their low sale? Why is it that certain Realtors have their hands in the home building industry and their personal listings selling for full price or very close to listing price and others have to sell below apprised value? Is your Realtor telling you that your home is overpriced? One possible reason is that Realtors are pushing homes under $300,000 thousand with more then over 3,000sq.ft. being built to bare minimum code and possibly even below code and comparing all homes to these SQUARE FOOTAGE. Agents bringing buyers to these homes everyday while others trying not to loss their home are not getting shown. What type of service are these dual agents providing to all their sellers and not to mention their buyers? Consumers did you know that a dual agent is not allowed to negotiate for either party in this capacity? They would be breaking the law if they did. Why would you deal with an agent in this capacity? I pose this question. Would you hire a divorce attorney working for you soon ex-husband? same scenario.

The following is a True Story experienced by our company in this small town and evidence of the Good 'O Boy network in action:
We began building custom homes in Cairo, GA and offering features that were not being offered by no other local builder in effort to provide home buyers with a higher quality home with luxury features specific to each home we built. As a new company in the area and in a small town, we wanted to hire local quality companies. We visited many construction sites in search for these companies since we did not find many companies in the traditional way through advertisements. We visited many construction site in Thomasville, GA looking at different subcontractors and their workmanship. “Mind You” Cairo GA. is a small town and it is approximately 10 minutes from Thomasville, GA. We were searching for a good local trim company and wanted to have the opportunity to see the trim work as well and we noted some work being done on a new home being built. As we visited the site to look at the workmanship in order to consider the trim company, we spoke with the person doing the trim work which was a small one man operation local company. We looked around the home and liked their detailed work and we asked him if he would be interested in doing some work for us up in Cairo GA. The gentleman replied “sure he would love to do the work” We gave him one of our business cards and asked him to call us. To our surprise when he took a look at our business card and saw our company name he informed us that he would not be able to do any work for our company and if he did the Good old’ boy Network would not give him anymore work in Thomasville, GA. Mind you these times where booming with home sales. At that point we realized that the small town of Thomasville did not receive new comers in the real estate business very well and to our astonishment could not believe these form of band existed in today's day and age.

So, it makes you think who is manipulating the real estate system? Sellers and buyers do not realize what really goes on behind the scenes until they personally have been affected by the same systems that placed them in their homes but by then it is to late and a bitter experience is achieved and all Realtors are grouped with the bad apples in the industry. We have spoken to enough people to know that there are many with the same sentiments but do not have the means to publish there opinions. Many in the industry are not very happy with our strong opinions and bringing these issues to light.

But these blog's are meant to educate consumers with our experiences and knowledge of what we see happening in our community. If you the reader feel differently and do not care for the information you are more then welcome to exit this web page and we want to thank you for your visit but we like to express our freedom of speech which is one of our countries greatest rights.

Izzy Bienes / Builder / Developer - Holds a Florida & Georgia Real Estate License

http://www.trulia.com/blog/CHBEcoCustomHomes/2011/02/thomasville_georgia_-_good_ol_boy_network_-_alive_and_well

The Risks of Dual Agency in Real Estate!

2011-02-01T04:42:00.001-08:00

It does not matter how many bogus testimonials real estate agents or brokerage office try to give a positive spin to dual agency it does NOT work. Here is another reason why it does NOT work. Buyers & Sellers get educated when buying a home.

by E.L. Miller
Consider the fact that dual agency is no longer allowed in many states. There's a good reason for that. Dual agency is the arrangement in which the same real estate brokerage (and often the same agent from that brokerage) represents both the sellers and the buyers of a property. It is not only a conflict of interest, but often impossible, for a real estate agent to fairly represent and negotiate for both sides of a real estate transaction.

The only advantage of a dual agency that comes to mind solely benefits the real estate agent. That's because the listing agency doesn't have to split commission with a buyer's agent. Aside from that, nothing good can come from such a business deal. In negotiating a fair price, how can an agent work to get the best value for the buyers while fulfilling their fiduciary duty to the sellers?

Technically, a dual agent is not allowed to disclose to the seller what the buyer is willing to pay, nor are they allowed to tell the buyer what price the seller is willing to accept. Instead, they are supposed to broker and negotiate on behalf of each client, while keeping the confidential knowledge to themselves. This is a no-win situation. Not only would this be a stressful (and risky, from a litigation viewpoint) situation for a real estate agent who is trying to keep both clients' best interests in mind, but it is an opportunity for a less honest agent to sell a home at a higher price than a buyer should pay for it, thereby receiving a higher commission.

Picture selling and buying property as if it were a legal transaction (yes, it actually is a legal conveyance, but think more of the courtroom scene to help the following example take shape). Real estate purchases are not like mediations; there is nothing binding a particular seller and buyer that requires them to reach an agreement with each other. Instead, they are like trials, with each side represented by a professional who is looking out for his or her client's best interests, and no one else's. There is no exchange of private information made that might damage one sides chances over the other. That would be grounds for malpractice.

Fortunately, in states that still allow dual agency at all, law requires the brokerage or individual agent to fully disclose, usually in a writing to be signed by both parties, that a dual agency exists, often in the sales contract or in an addendum to it. Supposedly, the parties are made aware of the dual agency before they reach the point of signing a sales contract. (At that point, most negotiating is over, and the disclosure would come too late.) This gives the purchaser the opportunity to procure their own representative - a real estate agent who represents buyers. Home purchasers do not pay a buyer's agent; the agent is paid by the split of the sales commission, so the listing agent doesn't walk away with the entire six percent of the sales price, or whatever the percentage may be. An honest real estate agent doesn't mind splitting this commission - it's good business for everyone.

Learn more about this author, E.L. Miller.
Real Estate agents in today’s market are a dying breed and the ones doing real estate full time is trying to stay above water so they do not drown and 99% of the listings they are selling is there own to maximize their commission.

Real Estate 101 - Firing a Bad Agent

2011-01-28T07:14:00.001-08:00

Real Estate 101 - Firing a Bad Agent - Why does it seem that thy are all in your area.

"A mistake that many people make when working with a real estate agent is the belief that they need to stick with the agent once they have contacted them. While it can be more difficult to get out of a contract with a real estate agent that is helping you sell your home, you are under no obligation to work with just one real estate agent when you are looking for a home to purchase. In fact, unless you have hired a buyer's agent to help you find your home, you are perfectly within your rights to contact multiple real estate agents in order to find one that suits your needs and that you feel comfortable with.

If you have hired the agent to help you sell your home or if you have entered into a buyer's agreement, getting out of your agreement can be a bit trickier. Nonetheless, it is possible.

Signs that You Should Part Ways With Your Real Estate Agent

Sometimes, you simply won't see eye to eye with your real estate agent. If this is the case, you might need to part ways. Aside from small differences in views, you might find that you and the real estate agent simply cannot get on the same page at all. This can be a very frustrating and time-consuming experience - and it is completely unnecessary. More than likely, there is a real estate agent out there that will understand your needs and that will be more than happy to help you find what you are looking for.

If you find that you are raising your voice when talking to your real estate agent, you are probably in a bad situation. If you find yourself calling your agent bad names when you refer to him or her or if you are experiencing negative thoughts about your agent, it is time to start looking for a new agent. Similarly, if you find yourself avoiding your agent's calls or if your agent is not calling you back, you likely have a bad relationship and it would be better for both of you to part ways.

Getting Out of Your Agreements

If you have entered into a contract with your real estate agent, you should try to end the contract based on mutual consent. If the agent refuses to bow out gracefully, you might need to request the help of a lawyer. Ideally, before you ever signed the contract, you should have checked on the agent's policies for canceling the contract. Most reputable real estate agents will allow you to end the contract if you are unhappy with their services.

If you have entered into a listing agreement, you can ask the real estate agent to cancel the listing. If he or she refuses, contact the grocer and request a cancellation. If the broker will not cancel the listing, you can at least ask for a different agent. In most cases, however, the broker will allow you to get out of the listing because refusal to do so can scar his or her reputation. If the broker continues to refuse, let him or her know that you will be contacting a real estate lawyer for termination assistance. In many cases, just the threat of a lawyer is enough to get the broker to back down. "

Eric Bramlett is the Broker and co-owner of One Source Realty in Austin Texas. He has seen considerable success in real estate, and looks forward to many more years in the business. Eric currently invests, renovates, and develops real estate in the Greater Austin Texas Market. He spends his time working with select clients, helps his new agents get started in their real estate careers, helps his experienced agents progress their careers to the next level, & when he has time...he takes his dogs to the lake. Visit Eric's Austin Texas Real Estate Guide & visit his Austin Texas Real Estate company's website. Downtown Austin Condos & Lofts

Article Source: http://EzineArticles.com/?expert=Eric_Bramlett

THOMASVILLE, GA DUAL AGENTS LACKING NEGOTIATION SKILLS

2011-01-25T06:13:00.000-08:00

Negotiation

Definition: The act of discussing an issue between two or more parties with competing interests with an aim of coming to an agreement how you negotiate when it comes to landing a sale reflects your respect for the customer. Too many real estate agents do not know the first thing about the process of negotiations. In reality, they are hurting their clients by not responding to a counter offer. If person is going to be a real estate agent they need to read a few books on how to Negotiation for their client. Dual Agents lack the negotiation experience because if he/she lists and sales their own listing who are they going to negotiate with…themselves, I would love to see that……

Don't take a hard-and-fast position. When you start negotiating, remind yourself that you want this agreement to work satisfactorily for everyone involved. If you take a position that says, "Either this goes my way or it's not going," you could end up very sorry. How do you deal with people who try to force you to take a position? Refuse to negotiate with them.

Ever wonder how you’re going to get any good at negotiating? One way to start is to follow a plan that ensures you do not miss any steps in the negotiation process. Inexperienced negotiators often make the mistake of reaching an agreement too quickly. Slow things down with these eight steps that help you analyze the negotiation in process and give you the chance to walk away a winner.

1. Prepare: Do your research ahead of time to so that you know your opponent and you know what you want from the negotiation.

2. Open: Let the other side know what you want and let them tell you what they want.

3. Argue: Back-up your case with evidence and uncover defects in their argument.

4. Explore: Search for common ground and agreeable outcomes.

5. Signal: Show that you are ready to reach an agreement.

6. Package: Put together different acceptable options for both parties.

7. Close: Come to an agreement and finalize the negotiation.

8. Sustain: Ensure that their side, and yours, follows through with the negotiated agreement.

Real Estate Agent, Please get the best price for your buyers or sellers. Educate yourselves on negotiation.

Hopefully New Real Estate Market Will Get Rid Of Bad Realtors

2011-01-19T08:25:00.001-08:00

We feel the same about Realtors in our area...... South Georgia

I had hoped that the new year would bring a new clean slate and the old habits and evil tricks of bad Realtors would be gone. But no, same bad Realtors, same bad habits and evil tricks with new ones being born every day!
Realtors do not seem to get just what it is they are supposed to do. Realtors are not supposed to call the listing agent and ask how much their buyer should offer on their listing or offer a bonus on one of their over priced listings with the hopes of enticing buyer agents to sell it to one of their buyers just to get the bonus or tell other Realtors how much their clients will accept for their house.
The things I have had to put up with over the years just trying to do my job is simply pathetic. I ask myself why would a Realtor behave this way and the only answer I can come up with is "money" and that is extremely sad and so unfair to that Realtor's client who has no idea what their Realtor is doing behind their back. In general, money makes people do some evil things but it seems that the real estate industry seems to breed this type of behavior.
I recently had to put up with a Realtor trying to do everything within their power to ruin a sale for their client. They tried to make it impossible for me to get into the property so I could show it to my buyers and when that didn't work they then tried to sabotage the buyer's offer and when that didn't work they tried to hide the buyer's deposit and when that didn't work they tried to start trouble with me and when that didn't work they tried to create issues with settlement. This is a true story folks. I can't make this stuff up. The reason for all the sabotage? Because the Realtor wanted to "double pop" the listing (have both sides, buyer and seller) so they could keep all of the commission and not have to split it with me. The entire transaction was like a nightmare for me and I kept asking myself, is this worth it? But it's not just this Realtor, it's a lot of Realtors. I had another Realtor miss something in an Agreement of Sale and then lie to their client and say that the page was missing when they presented it to the client even though I had proof that every page was received.
It's hard enough now to get a buyer or seller to the settlement table with all of the new mortgage rules and guidelines not to mention finding new buyers who have the credit worthiness and funds needed to purchase a home yet alone, when a Realtor is doing things to deliberately ruin the sale yet more and more Realtors are doing exactly this and it needs to stop!
I had heard from a real estate attorney recently that 40% of Realtors got out of the business last year and so I was hopeful that that was the "bad" 40% and the only ones who would be left were the "good", "experienced", "ethical" Realtors but I was wrong.
I am so entirely disgusted over what goes on in the real estate industry that it just makes me sick which is why I write these blogs. Consumers should know what goes on behind the scenes. I owe it to the general public to bring awareness to the deceit and unethical behavior that plagues the real estate industry. It really does make all of us look bad.
My hope is that the level of experience and professionalism now needed to get just one deal done these days, will weed out all the trash one by one and if so, I say good riddance.
Renee Porsia is an expert real estate Broker with RE/MAX Action located in Maple Glen, PA. Visit Renee's popular real estate website at www.reneeporsia.com

When Buying A Home, Avoid DUAL-AGENCY

2010-12-17T19:11:00.000-08:00

The New York Times reports on a developing trend on Long Island: home buyers seeking out their own real estate agents to represent them exclusively in the selection and negotiation process.

The Times article is confusingly worded, but the most important takeaway for consumers is this: If you stumble into an open house and want to make an offer or see an ad in the paper, you should pretty much never use the listing agent as your agent on the deal.

Dual-agency is the legal term for a situation where the buyer and seller are represented by the same agent in a deal and while it's legal, it's worth avoiding. Last month I looked at an episode of HGTV's The Property Shop that showed just a few of the things that can go wrong because of the conflicts of interest associated with dual-agency.

The other reason to avoid dual-agency is that there is really nothing in it for anyone except the agent. The way that listing contracts on real estate generally work is that the agent and the seller agree on a commission -- let's say it's 5%. Of that 5%, 2.5% might go the buyer's agent. If the listing agent is the agent for the buyer too, he gets the full 5%. The seller doesn't save any money and neither does the buyer: The cash flows directly into the agent's pocket.

Moral of the story: If you're looking to buy a home, ask your friends for advice on a good buyer's agent or log on to the National Association of Exclusive Buyer's Agents website to find a member in your area. However it isn't essential that your agent be an exclusive buyer's agent. It's perfectly fine to work with a Realtor who also takes listing himself -- You just don't want to be buying any of his listings while working with him. In that case, you can also try looking for the ABR (Accredited Buyer's Representative) designation after the agent's name.

In case you missed it, I'll say it again: Do not use the same agent as the seller when buying a home. You have everything to lose and nothing to gain

http://www.walletpop.com/2009/03/17/when-buying-a-home-avoid-dual-agency/

The "Top 10 Complaints" Received by the Real Estate Commission

2010-12-13T05:42:00.000-08:00

1. Misrepresentation

The License Law requires agents to refrain from misrepresenting material facts - either affirmatively or by willful or negligent omission. What is a material fact? Generally speaking, it is any information which the parties need to know in order to make an informed decision (i.e., which might affect the parties' decision to purchase or sell, or which has the potential to put the contract or interests of the parties at risk).

Material facts fall into three broad categories: facts about the property (leaky roof, synthetic stucco siding, presence of asbestos, etc.); facts relating to the property, including zoning changes and plans for a major highway nearby; and facts which relate to a principal's ability to complete the transaction, such as a bank foreclosure. Typical complaints of misrepresentation involve material facts that include hidden defects, changes in land use, whether a piece of land "percs," square footage and lot-size errors.

A recent complaint came from a condominium-buyer who discovered after closing that the condominium was smaller than she had been led to believe. In fact, the unit measured 200 square feet LESS than the figures in the listing agreement! The listing agent admitted to having used tax records to obtain the square footage.

To avoid this type of complaint, disciplinary action by the Commission and the potential for civil liability, do your homework! Don't rely on the work of others. Measure each piece of property yourself.

Be aware that your duty to properly disclose includes oral representations and representations made in print, so check your MLS listings and advertisements for accuracy. Also be aware of your duty to disclose material facts to all parties involved in the transaction, not just to the party you represent.

5. Disputes over Contract Acceptance

The Statute of Frauds requires that all contracts for the sale of land be in writing to be enforceable. Furthermore, all negotiated terms must be in writing, any changes must be initialed by the parties, and the contract must be signed by all parties.

A typical complaint occurs when agents negotiate for their clients orally; e.g., an oral counteroffer is relayed to the buyers and they agree to the new terms; their agent calls and informs the sellers' agent, who tells the sellers. The sellers think that they have a binding contract, but they don't. While the oral acceptance is an indication that a contract will soon be formed, it is not itself legally binding.

To avoid creating conflict between the parties and to ensure that your clients have an enforceable contract, don't tell them that they have a contract until you have the contract signed by all parties.

7. Conflict of Interest

The License Law prohibits agents in a transaction from acting for more than one party without the knowledge of all parties. Complaints in this area usually deal with dual agency, seller subagency, and special relationships between the parties.

With dual agency, there is an inherent conflict of interest because the agent is representing both the buyer and seller, who have different and competing interests. To avoid this type of complaint, you as a dual agent must be sure to disclose the duties that you owe to each party. Thoroughly review the agency forms and explain how your responsibilities as a dual agent differ from those in an exclusive agency arrangement. Finally, be sure to have the parties sign the Dual Agency Contract or Dual Agency Addendum, whichever is appropriate.

As a seller's subagent, keep in mind that although you are working with the buyer, your primary obligation is to the seller. Don't advise the buyer on strategy or advocate on his or her behalf.

Finally, if you have a special relationship with any party to the transaction (e.g., you are a relative of the buyer), disclose it to all parties to avoid the appearance of impropriety.

8. Discrimination

Recently the Commission received a complaint alleging discrimination at an open house. The matter ultimately was resolved, but not before an investigation by both the Real Estate Commission and the North Carolina Human Relations Commission.

The Fair Housing Act makes it unlawful to discriminate in the sale or rental of dwellings of four or more units on the basis of race, color, religion, sex, national origin, familial status (the presence of children under 18 years old) or handicapping conditions (including AIDS). Therefore, if you discover that the landlord, tenant, seller, or buyer that you represent intends to discriminate on the basis of any of these protected classes, you must immediately terminate your agency agreement with that party, or risk violating the law and losing your license to sell real estate in this state.

9. Records Violations

When the Commission receives a complaint, the first thing Commission staff requests is a copy of the firm's records, including bank statements, canceled checks referencing a ledger sheet, deposit tickets, separate ledgers, general journal or check stubs identifying each transaction, copies of contracts, leases, management agreements, closing statements, property management statements, and other relevant documents.

Commission rules require that agents retain records for three years; however, because complaints filed after the three-year limit for record retention are investigated, the Commission recommends that agents retain their records for longer than three years. Be aware that your documents indicating proper record-keeping can be used in your defense in the event that a complaint is filed against you.

10. Lack of Communication

Many complaints to the Commission come from disgruntled clients. Complainants state that their agents will not return their phone calls or keep them updated on their transactions.

Try to avoid this situation by communicating with your clients. Return their phone calls. Keep them informed about what you are doing for them and how the transaction is going. An informed client is less likely to complain to the Commission.

By Pamela V. Millward, Associate Legal Counsel

When buying or selling real estate and working with dual agency always educate yourself on the rules and ethical responsibilities of dual agency. Some real estate agents have been doing dual agency for a long time and are very good when it comes to using loopholes on listing properties, like the “Word” “Buy Owner” when it comes to square footage – like when public records square footage does not match owners square footage, energy efficient home, extra insulation, quality home, bonus rooms done without a permit. If you suspect something is wrong with your real estate transaction you should consult a trusted real estate Attorney.

Capital Home Builders - Top Merchant Circle Recognition Plaque

2010-12-11T06:23:00.001-08:00

Capital Home Builders would like to thank Merchant Circle for this Top Merchant recognition on my devotion in providing consumers with a valuable service. Merchant Circle has been a great venue for our Business.

CHB Eco Custom Homes

Sweetbriar Lakes. Subdivision Thomasville, Georgia, Real Estate, Green Homes,

New Home Building Gone Wild! in Small Town

2010-12-09T19:12:00.000-08:00

If a realtor was aware of substandard building practices would you show these homes? Home Building Gone Wild in a Small Town!

Things are bad for everyone but when realtors are aware of homes being built like these and their only concern is the commission and NOT the concern of the buyer it makes you wonder? I guess you do not need much of an education when the only thing you know how to sell is square footage. I am sure if I was to do a search of all properties sold in the last few months in our area, I will find 99% of the sold listings are from the same listing agent and the same brokerage office. WOW the power of dual agency! Update 11/17/10. One of these “Quality Homes” has a roof leak. “Fixed with Caulking” “WOW” This first time home owner is in for a long ride. Some Realtors really have no morals at all. These below minimum code homes are being pushed big time by the listing office knowing the problems these homes will have just because of the easy sell.

To build a home of 2,100 square foot and to build it right you need 4 to 6 months. To build a 3,400 square foot home in 12 weeks you would have to wonder what type of home construction you are paying for. When we use the words “Minimum Code” we are using these “words” loosely. Real Estate Agents labeling these homes as “Quality Homes” without knowing the process tells you how much the Realtor knows about quality homes. So when a Realtor tries to compare Green Custom Luxury homes to these minimum code spec homes without showing the difference of the features and the consumer benefits that are incorporated in an ENERGY STAR Qualified homes and then tell their clients that these homes are overpriced per square foot, then this is where we draw the line and explain why you’re able to buy a home for under $80.00/per square foot. Remember consumers, you get what you pay for or remember the saying "if it looks or sounds to good to be true then you betcha it is not true."

We elected to remove the incriminating images that show actual events during a home construction that shouldn’t happen but we feel that it is ultimately up to the proper authorities to monitor any home construction to abide by building code even if it's built to bare minimum code in the effort to protect the consumer. We expect these homes to have problems at one point and when it happens we hope the images will help the buyers and at the same time when a home owner in the subdivision gets ready to sell their home the images will help to justify the price deference compare to these homes.

If a home can be built the right way and to at least minimum building codes and up to the subdivision restrictions & covenants for a minimum amount of money then great, but we encourage others to build above minimum building code. If any homeowner has any comments of similar situation happening in your neighborhood let us hear about it and we can all make a difference in our neighborhoods maintaining our home values at par to what they should be. At the end, we all want to see our neighborhoods flourish with beautiful homes that we can all be proud of that add value to the rest of the homes already there. And for those that never built homes before maybe should try working in the construction industry for a while before attempting to build homes with someone else’s license.

If any homeowner has any comments of similar situation happening in your neighborhood let us hear about it and we can all make a difference in our neighborhoods maintaining our home values at par to what they should be. At the end, we all want to see our neighborhoods flourish with beautiful homes that we can all be proud of that add value to the rest of the homes already there.

The Bare Minimum
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The one theme that recurs when speaking of building codes is that they are minimum standards, the absolute lowest allowable acceptable parameter. When you stop and think, does anyone really want something done to a minimum standard?

A bare minimum code built house is the equivalent of a "D" in school. This person building these homes must have been a "D" student in school. You can go along the mark or better yet above, but never below. Some People do not understand "U GET WHAT U PAY 4"
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Burning Construction Debris is a Serious Health and Environmental Hazard.

Sweetbriar Lakes. Subdivision Thomasville, GA

By Mario L, Wed Oct 13 2010, 19:23WOW, these homes are for sale? By Rick, Wed Oct 13 2010, 19:41I am a realtor in Orlando, FL, I work with a few Builders in the area, but WoW I personally could not sale a home like that……I see your argument in your blogs about your local realtors. ….

Good Luck….. By Jay & Jewell Kaiser, Sat Oct 16 2010, 06:20I do occasionally see some minimum standards in homes, but less often than the norm. I feel we are blessed in the Brevard NC area that most and I repeat most of our builders have a reputation of quality and not cutting corners. I am amazed that a realtor would even try to sell substandard at best.

http://www.trulia.com/blog/CHBEcoCustomHomes/2010/10/home_building_gone_wild

GA, Sweetbriar Lakes. Subdivision Thomasville 31757

Listing Agents Who Want Both Halves of The Commission - Buyers Beware

2010-12-06T20:15:00.001-08:00

By Dan Melson on November 11, 2006
I went out previewing properties a couple days ago. That particular client's situation being what it is, I was concentrating on vacant properties. But over half the vacant properties in that area had restricted showing instructions. "Call agent first," or "call for appointment to see."

When the property is vacant, there just aren't any common reasons to restrict showing. It's not like the buyer's agent is going to surprise grandma in the shower or even could make off with the big screen TV. If you're really trying to sell it, if it's vacant, it's empty, at least of your stuff, and the stager's (if there is one) had better be insured. If there really is some reason to restrict showings, it should be somewhere on that listing report. But I'm seeing this schlock on lender-owned properties, where there is exactly zero reason for it, at least as far as the owner is concerned.

What the listing agent is trying to do is control access, so that people like my clients have a gatekeeper. Why? So that they are more likely to be the selling agent also, and keep both halves of the commission. If the offer they bring in isn't as good, or isn't as quick (thereby costing the owner money), they still made twice as much or more in commission if they represent the buyer as well.

I strongly suspect that many agents - and yes, I'm keeping track of who, even though I'll never share it - play gatekeeper with offers as well. I send over an offer, and I never hear back. I call the agent, and am informed my offer was rejected, but I never see anything with the client's signature or even initials. I don't list many, but when I do, every single offer gets a written response, even if it's just "Offer rejected!" signed by the owner. It's illegal for me - as a Buyer's Agent - to contact the owner directly to confirm that they know about an offer, or I would. I could really get behind a law that said I could send a postcard to the owner that says: "Dear Mr./Mrs. X. My client made an offer on your property recently at 1234 Name Street. If you are already aware of this, please disregard this notice. If you are not, please contact your listing agent about the details. If they cannot satisfy you as to whether you previously saw it, please direct all complaints to the California Department of Real Estate at XXX-XXX-XXXX." Boy would that be a good use for postage. Agents who did their job would have nothing to fear; agents who failed would be out of the business fast.

The motivations of the seller are to show that property as often as possible, to as many people as possible. No showing means no offer. No offer means no sale. Therefore, anything which is a nonessential impediment to showing that property should be dealt with, and agent restrictions are one of these. Believe me, I understand about not wanting client phone numbers in MLS databases, because the last time I had a listing decide they wanted to postpone the listing (therefore withdrawing it from MLS), they told me they got over a hundred solicitations from agents who ignored both the "do not call" list and the fact that I still had a valid listing contract at the time, which they didn't bother to ask about. It's illegal to solicit another agent's listing in California. If it wasn't, people who list their properties would be getting phone solicitations from 8 AM until 9 PM every day, and the junk mail would kill entire forests.

But the seller, whether they realize it or not, wants their property shown as often as possible, to as many people as possible. That's how you get get good offers, or even better, multiple offers that you can play off one another. Anytime you make it more difficult for anyone to view your property, you make it less likely they will view it, less likely they will make an offer, and less likely that it will be a good offer. The sharks out there don't care about viewing restrictions. They're willing to make their low-ball offers sight unseen, albeit with inspection contingencies. And even a shark's offer is better than no offer if you need to sell.

So how does a Buyer's Agent deal with problem personality listing agents? About the only thing I can do is not waste my time and most especially that of my clients on their nonsense. The only one with the power to deal with such antics is owner of the property. Just insisting that you want to see all offers isn't enough. How are you going to know? You can ask that instructions go into MLS for making certain that you get duplicates of all offers. E-mail, fax number, address, or even a PO Box if you have one. Buyer's Agents can't bypass the Listing Agent, but they can send duplicates if the MLS instructs them to.

Even better is to insist that the Listing Agent forswear the possibility of Dual Agency, or they don't get the listing. In other words, no matter what, they will not get the Buyer's Agent's part of the commission. As I have said many times, make them pick a side of the transaction - yours - and stick to it. The listing agent can refer buyers to another agent, or the buyers can go without representation - it's not your problem. Actually, as a seller, you would prefer that the buyer go unrepresented. Not only will you get a better price from the poor fool, you get to keep the Buyer's Agent Commission. But this way, the listing agent has no motivation not to present offers from other agents. You are perfectly within your rights, by the way, to make whether you are going to pay a buyer's agent commission part of your decision making process on offers, but it isn't a good idea to make too big a deal out of it. Most of the reasonable offers you get will be represented by a Buyer's Agent of some stripe.

Cairo Georgia, Georgia, Real Estate, Realtors, Thomasville

Dual Agency: Why are You Hiring a Double Agent? - Buyers Beware

2010-12-06T19:36:00.000-08:00

When shopping for a new home, your agent should always have your best interests at heart. If this is the case, Sean O' Shea and the Global Defenders look into why dual agency exists in Ontario. Dual Agency Also Exist in Thomasville, Georgia.

Robert Freedland is still angry over a real estate deal in which he bought a unit in this Toronto co-op building.

Freedland is peeved because he says he paid thousands more than he should have.

"I'd found out that there were other units in the same building selling for 40 per cent less than what I'd paid," said Freedland.

Freeland says his real estate agent didn't tell him about better, cheaper units available in the building at the time of the sale.

As it turns out, Freedland's agent was the same agent who was representing the seller.

"It's a complete conflict of interest," said Freedland.

However in Ontario, the arrangement is perfectly legal and quite common.

It's called "dual agency," where one agent represents both buyer and seller. Upon completing the deal, he or she keeps the whole commission.

It can work like this:

You, as a prosective buyer, might hire the seller's agent if you don't already have one. For example, you meet them at an open house where you quickly want to put in an offer.

Or, maybe you've hired your own agent and he or she leads to you a house for sale in which they are also acting for that owner.

"This is why it's so important that people understand exactly what's happening," said Tom Wright, the President of the Real Estate Council of Ontario.

The province's real estate regulator says it's important that real estate agents disclose that they're working both sides of a deal.

"It's the consumer, as we all know, who is spending the money. They're the ones in control of whether they want to move forward on the transaction or not," said Wright.

The question is: can one agent equally represent the interests of both buyer and the seller?

When it reviewed dual agency, the Ontario government said the practice "gives rise to potential conflicts of interest."

However, the real estate industry fought to allow dual agency to remain legal.

"It's kind of like asking as newlywed couple, the bride and groom, to go on their honeymoon and to promise not to have sex," explained Freedland. "I mean it's technically possible, but realistically not achievable."

Freedland, a former realtor himself filed a complaint against his agent, who received a letter of warning, but no other discipline. Also, Freedland has filed a civil suit against the agent.

The province's regulator says buyers should exercise choice when it comes to whom to hire in a real estate transaction.

"There's a role for the consumer in terms of understanding what they're getting involved in," said Wright.

If you're working with an agent who's representing both buyer and seller, there are stricter rules involving how that realtor deals with both sides. However, critics say an unscrupulous agent will ignore the lettter of the law, in order to make the deal for the seller at the expense of a buyer.

© (c) CanWest MediaWorks Publications Inc.

Cairo Georgia, Georgia, Real Estate, Realtors, Thomasville

The Words “BY OWNER” Realtors Using It As A Loophole!

2010-11-10T07:30:00.001-08:00

Real estate agents and sellers in the Thomasville, GA area like to create blogs that talk about energy efficient homes and be fast to list an old home built in 1940's and call it energy efficient without any qualifications or proof of how much energy buyers are really saving, but the loophole for these realtor's is the words “BY OWNER” by stating these two words on a listing the Realtor is off the hook. When you see these words “BY OWNER” being used on a listing, it is suggested to double check the source, if you’re the interested buyer of course. So, buyers next time you're considering buying a home with guarantees on energy efficient savings ask your Realtor how many Green Energy Efficient Qualified homes have they shown? (0) and how much do they really know about green homes. You will see that their education on green homes are limited, but most are fast to sell you a bare minimum code homes at under $80/per square foot and call it “Quality Home” or list a property with more square footage then it really has and use “BY OWNER” Do not get me wrong, homeowners can make energy efficient upgrades to their homes and now that the City of Thomasville is hoping to go green in offering homeowners financial assistance for their upgrades we encourage every homeowner to do so but their is a fine line between 'ENERGY EFFICIENT UPGRADED FEATURES" to actually calling the entire home as ENERGY EFFICIENT. Consumers need to know that in order to call the entire home as an energy efficient one the entire home needs to be tested before the upgrades and then after. This will provide a HERS score that will determine how much the home efficiency yield by its improvements. Consumers just remember knowledge is power especially on such a large investment as a home.

Do some brokers cheat when listing square footage?
Realtors.comPlease, do not believe everything a Thomasville Realtor tells you.

Do some brokers cheat when listing square footage?

2010-11-10T05:51:00.000-08:00

Do some brokers cheat when listing square footage?

Square footage is a big problem in Thomasville, GA. with bonus room being finished without a permit or outside areas being included under A/C.

Is Your Agent Working For or Against You?

2010-11-02T09:55:00.000-07:00

You're ready to buy a new home: thrilled, right? But somehow, you can't shake that nagging feeling that maybe you're paying more than you needed to. Did your agent act solely in your interest? Or did he/she have other incentives to weigh?

The fact is, you may never know for sure. There is no one national governing body that dictates agents' behavior or disclosures. The National Association of Realtors has a Code of Ethics and Standards, but laws vary by state. Some states don't allow agents to represent both buyer and seller without full disclosure, while others give carte blanche to any and all incentive fees to sell a property.

The agent disclosure issue has become a flash point in some states.

In North Carolina, for example, real estate agents are protesting a 2008 law that required that they disclose in writing any compensation "of more than nominal value" they expect to receive from their client, whether the buyer, the seller, both, or any other parties to a transaction. The rule was adopted after reports that a Charlotte Realty firm took millions of dollars in payments from builders to steer hundreds of potential buyers to their properties, without disclosing the bonuses.

With the legal question far from settled, do agents have a moral obligation to disclose all of their compensation to buyers? Of course they do. And just how how likely is an agent to be swayed to push one property over another because of a certain incentive? Let's take a look.

It's a slippery slope to be sure: financial incentives of any sort to tend to sway behavior towards self interest. In the real estate arena, such incentives include trips, gift cards, even cars -- all provided based on one or more closed transactions. It's not uncommon for developers or well-to-do owners to sponsor wine tastings or catered lunches in the hopes of increasing their visibility as quickly as possible. IT HAPPENS ALL THE TIME IN A SMALL TOWN

In the banking world, regulators ban gifts of over $100, precisely because of this reflex and its potential influence on decision-making. Not so in real estate.

The primary incentive comes in the form of commissions from the seller -- specifically, the "split" on the typical six percent fee, half of which usually goes to the buyer's broker. The higher the split, the greater the incentive to push that property (or, at the very least, to make sure it gets shown).

The way it works now, the buyer's agent is almost always paid by the seller, which makes for some interesting questions: Who does the agent actually work for? Yes, a buyer's broker represents the buyer, but it would be much cleaner if each buyer and seller were to pay for their own representation.

So, do incentives help keep a property top of mind? Absolutely. Similarly, no seller will take a chance and offer a buyer's broker just a tiny incentive--what wants to risk having no brokers support that property? In Manhattan, at least, more than 85 percent of all transactions include buyers' brokers. But I believe an agent can only push so far at the detriment of the relationship and the very transaction (s)he wants to close.

Many agents will tell you that they would lose most of their clients were they to show them anything other than the most suitable properties based on their needs. In most cases, the client guides the process of narrowing down the properties; their input is critical to making a decision where to place offers. At the very minimum, it's a partnership. The properties seen are those clients choose based on preliminary data provided to them (pictures, price, time on market, square footage, etc.). The properties that move to the next round are chosen based on the clients' best reactions based on their tastes and needs.

Finally: the moral obligation piece. Yes, agents should disclose fees to their clients, and educate them about how fees work. But without laws requiring disclosure, a buyer can only ask and hope that an agent is straight with them. While there are some agents who may not do the right thing, there will always be many others will. Like all careers that depend on commissions, real estate can attract those looking to make money any which way... But, as in all careers, there are always those for whom integrity and service come first.

For more about Ana Maria, you may visit www.anaANDmarie.com.

Thomasville Real Estate Reality

2010-10-31T11:06:00.000-07:00

Marlene's Blog

Through my weekly readings, I came across some overwhelming information from no other then our President Obama and his new Home Star program incentives that are offered to homeowners to make their homes more energy-efficient, saving families several of hundred of dollars on their utility bills.

In reading these articles, which I have linked here in order to educate the consumer and more so people in the real estate industry that are still in denial about the energy-efficient qualified new home construction that many cities, counties and states are on a fast track in building and selling. I was just tickled to death, when I read all this information about energy efficiency and how it is affecting major industries especially the real estate industry. This is something I have been preaching for about the past three years and many in the real estate community just saw it as a marketing gimmick or just did not get it or for some odd reason, from lack of knowledge, assumed that these high performance homes just needed to be comparable to minimum code built homes. Although, more of them are using illusory words to attract the environmentally concious consumer to their products practicing GREENWASHING. These swindlers will soon be slammed with reprimands not only from authorities from their own organizations but from the government. Consumers need to be protected in many ways then one because buying real estate is a big investment that buyers can't just turn around and get rid of so quickly.

Cracking Down on GREENWASHING (Government driven)

The Green MLS Tool Kit ( Guidelines from NAR)

Who are "Green" Buyers and Sellers?

How about Some "GREEN" on the MLS?

Why Green Building

Cost of an Energy Efficient home versus standard spec home

In today's real estate market, energy-efficiency is seen everywhere you turn. This is an issue that can be avoided but soon will be hard to ignore. For those who think it is just merely a trend of today will soon see it as the norm of tomorrow. We even see it with auto makers putting out energy-efficient cars because it is mandated by our government. Consumers can now have the option to buy a car which due come at a premium with higher fuel standards saving consumers at the pump and receive government tax credit for their purchases offsetting consumers investment and saving them for years to come.

Homes are no different. Homes are a major contributors of greenhouse gas emission and through programs like ENERGY STAR, LEED, HOMESTAR, and many others out there qualifying new and retrofit home construction adhering to higher standards,being sustainable, kind to the environment as well as providing a healthier more comfortable home and saving homeowners money on their utilities bills. Yes, I do understand that some people do not care for this and the larger the home and cheaper they pay for them is their thing and that is great different homes for different folks,right.

Now, I ask you, who in the world doesn't want to save money? Being in the real estate industry, I hear people say how much money they are spending on their utility bills and I ask myself "am I the only one listening to these people?" On the other side, I constantly hear these energy efficient homes being called "homes that don't fit in", "homes that are overpriced" or "homes that are bullies" bluh, bluh, bluh and all these comments coming from no other than professionals in the industry that sadly refuse to either educate themselves on what the overall benefits of these homes are or just do not want to admit that "they" themselves do not "fit in" to the real estate market of "Today" and understanding the aspects of the new era of building and retrofiting to energy-efficiency. Professionals that refuse to admit to the changing market will soon stay behind in the real estate of yesterday and as consumers become more savvy buyers will steer to professionals that are better educated in the modern real estate industry.

I will say this to consumers and to my peers soon we will see steps taken mandating improvements in building efficiency by 50% through our building codes. There has been improvements in the residential sector with the IECC 2009 but sadly to report that this 30% improvement by the Energy Efficient Code Coalition is ONLY voluntary to be used by cities, counties and state authorities. These authorities more often than not will give their dumbs down due to their local politics and deep concerns in adding new building codes because it will be harder to get builders to get the proper training.

So, many elect to ignore it, turn a blind eye and believe they can live in a shell and avoid change or fear of the unknown and the effect it may have in their lives, and the way they do business and I completely understand but, whether you want to admit it or not this trend will become the norm forcing all of us to make a change.

What's your take? I would love to hear your views from your neck of the woods and your experiences in your market.

How Many Times should a realtor have their hand in the cookie jar?

2010-10-20T04:56:00.000-07:00

Designated Agency and Double Dipping

We have real estate agents in South Georgia that Double-dip and “Triple-dip” This are the agents that hire a contractor to build a home for a minimum cost and minimum code then pushes these home to buyers.

By Brian Madigan LL.B.
(ORES)

Under discussion at the moment is the matter of designated agency. It is being suggested as a possible solution to some current agency problems.
Before we look at it designated agency, let’s understand the context.
A brokerage firm is entitled to act as an agent for both buyers and sellers under the Real Estate and Business Brokers Act. The specific duties owed to a client at common law are:

• Disclosure

• Competence

• Obedience

• Accounting

• Confidentiality

• Loyalty

Those obligations apply to all agents, no matter who they may be, ie. attorneys (acting under a power of attorney), trustees, lawyers, corporate directors etc.

Should these same rules that apply to absolutely everyone, also apply to real estate agents too? Well, don’t jump to conclusions. There are a lot of real estate agents and they have a very powerful “lobby”.

When it suits them, you can basically throw all those rules out the window.

Real estate agents like to “double dip”! If they can, they like to act for both sides in a real estate transaction. Why? They get paid twice for the same deal. It’s that simple. And, if you can get paid twice, why not? It’s a lot easier than having to go out and find another client. What lawyer do you know who acts for both the plaintiff and the defendant in the course of the same trial. Now, that would be a little awkward, wouldn’t you think?

Just have a look at all those common law duties once more. Can Bob the attorney properly represent his client Jane who was injured in an automobile accident and is suing her insurance company, The No Name Insurance Company of America, when Bob regularly and routinely acts for that company and has done so for years? Not really, and the more you think about it, not by any stretch of one’s imagination.

So, why do real estate agents act for both sides? Because they can! There is no law to prevent them. So, they just do. The answer should be more sophisticated than that, but it isn’t.
In many jurisdictions there are special rules that must be followed when agents act for both sides. Disclosure and confidentiality are the first to go. All information is suddenly “on the table”. There are no more secrets. Loyalty and obedience are obviously out the window.

Actually, competence is also out. You may have retained your real estate agent because you thought that they would be a good negotiator. Well, no longer; now, rather than negotiate the best price for you, they will be mediating messages between the two parties. How good is that? And, is that why you hired them?

One matter is leftover and that is accounting. That still continues, because the agent is obligated to disclose commissions and other payments. But, is that enough, just one item out of the six on the list. Listen, those original agency rules go back to the marketplace in Babylon over 5,000 years ago. The organized real estate industry has only evolved within the last 100 years.
The standard listing agreement permits what is known in most jurisdictions as “dual agency” and in Ontario as “multiple representation”. So, now that the agent is acting for both sides, the agent really can’t properly represent either. But, some agents will argue, “who knows the property better than I”.

Designated agency is a small attempt to level the playing field. The brokerage firm will appoint another agent (who still works for the same firm) to represent the buyer. Now, both agents will continue to negotiate rather than mediate. But, clearly their hands are tied, and they are still constrained. The seller’s agent acts solely for the seller, and the buyer’s agent acts solely for the buyer. The brokerage firm still retains both clients and all the commission.

It doesn’t work for law firms, but it’s probably a step forward and better than the present practice.

In my view, designated agency is still wrought with inherent conflicts of interest, and the real estate industry will never become a truly “professional” organization until this practice comes to an end.

So, if you’re going to hire an agent, say no to double dipping!

Brian Madigan LL.B., Realtor is an author and commentator on real estate matters, Royal LePage Innovators Realty905-796-8888http://www.ontariorealestatesource.com/

“Cut Corner Building” In Thomasville & South Georgia.

2010-10-19T04:30:00.000-07:00

Things are bad for everyone but when realtors are aware of homes being built like these and their only concern is the commission and NOT the concern of the buyer it makes you wonder? Well at under $80/per Sq. Ft. who in their right mind would not buy. Just Remember You Get What You Pay 4........I guess you do not need much of an education when the only thing a realtor know how to sell is square footage.

1. Building to meet the minimum requirements of local building codes.

2. Concentrating on providing heavy millwork and “fluff” that sell their homes instead of quality construction. Most things that make quality construction consumers cannot see.

3. Providing little or no supervision of the subcontractors on the job site or employing inexperienced subcontractors with no insurance. In effect you have the subs policing themselves. (i.e., “letting the foxes run the henhouse”)

4. Employing the cheapest, unskilled labor, paid by the job (by the piece) versus hiring knowledgeable tradesman paid a fair wage.

5. Using cheap sheathing that does not breathe correctly.

6. Framing sloppily, out of plumb and level, with large gaps and incorrectly constructing joists, rafters and headers.

7. Using low quality, “builder’s grade” products and fixtures throughout.

8. Using inadequate roof bracing or not using sheathing clips.

9. Installing 2 - A/C 13 SEER systems.

10. Not designing or installing the HVAC system correctly. (They are not elevated properly or drain improperly.)

11. Using a generic brand or a “builder’s grade,” A/C unit.

12. Using low-grade A/C ducts that are joined using shiny tape and mastic alone versus the appropriate nylon webbing and mastic. These joints will fail in a few years.

13. Installing substandard, poorly designed plumbing systems and installing plumbing incorrectly.

14. Installing the showers and tubs incorrectly; using standard sheetrock or “greenrock” instead of the appropriate fiber cement backer board in the tub and shower surrounds.

15. Nailing versus screwing sheet rock.

16. Employing unskilled labor to sheetrock, tape and float and hiding the imperfections by applying thick texture.

17. Incorrectly installing the roof.

18. Using 11# tar paper instead of 30# tar paper and cheap shingles.

19. Installing roof shingles over areas with no roof paper.

20. Omitting or installing flashing and sheet metal incorrectly.

21. Installing a roof without base felt.

22. Using low-end, cabinets and low-end hardware.

23. Failing to install brick ties to keep the brick attached to your home.

24. Not using house wrap or incorrectly installing it.

25. Dramatically reducing or eliminating eaves in home design. Eaves cool your home and protect your windows and doors from rain.

26. Reducing the number, quality and size of cabinets.

27. Using low-grade paint without primer.

28. Using “builder’s grade” carpet and thin padding.

29 Using hollow core or low-end doors and door hardware.

30. Not installing proper drainage.

31. Not grading the property so moisture flows away from the home.

32. Installing cheap garage doors.

33. Deleting hurricane or wind clips or installing them wrong.

34. Improper Installing windows or doors that will rot very soon.

35. Installing bathrooms improperly to protect from moisture.

36. Improperly installing or “skimping” on insulation or using wet cellulose.

37. Window flashing vapor barrier around window & door flanges & joints & cracks in exterior assemblies.

38. Installing drywall over wet cellulose before drying. 28 days to dry.

39. Improperly caulking and sealing homes from moisture.

40. Improper installation of truss that compromises stability.

41. Improper termite control.

42. Improper home elevation to prevent from buying soil.

43. Improper installation of Leak Barrier. Weather Watch® or StormGuard®

Sweetbriar Lakes. Subdivision Thomasville, GA

Bullies in Your Town…..

2010-10-14T06:38:00.000-07:00

Is your Realtor a Bully?

What happens when the same bullies are on the Real Estate board?

Green Homes Sell For More and Faster Than Other Homes:

2010-10-01T05:42:00.001-07:00

Green homes sell for more and faster than other homes

The homes that underwent the strictest certification, being tested by third parties, and thus likely to be the "greenest" did even better. They commanded prices 25% higher than regular homes, says the ECert report by Seattle-based GreenWorks Realty. It evaluates data from the Northwest Multiple Listing Service, which began allowing real estate agents to mark homes as eco-certified in 2007.

NOT, In Thomasville, Georgia Realtors here say that green homes need to be compatible to standard spec homes. It looks like the real estate market and realtors in Thomasville, Georgia are lost in the corn fields of reality when it comes to green homes.

The Worst House that the Code Will Allow:

2010-09-28T18:59:00.000-07:00

“If you built to the minimum standards Code, then you would only have achieved the worst building that the law will allow.

Homes being built. Thomasville, GA. at Sweetbrier Subdivision.

While other builders in the Thomasville, Georgia area are still using old building practices and building to bare minimum code simply to avoid breaking the law. CHB Eco Custom Homes are building homes to a higher standard. Are homes are qualified by a third party and it has earned the blue seal by the EPA. High Performance Homes are independently verified to meet strict guidelines for energy efficiency set by the U.S. Environmental Protection Agency. These homes save money on utility bills, provide a more comfortable living environment with better indoor air quality and superior materials. Building green is now more than a trend; it is a construction method that has been adopted by many.

Built Green homes are designed to provide homeowners with comfortable, durable, environmentally friendly homes that are cost-effective to own and operate. These resource-efficient homes are crafted to exceed building codes and provide homeowners with years of healthy, quality living, while protecting the precious Southeast environment.

Realtors misrepresenting listings as Energy efficient:

2010-09-21T06:25:00.000-07:00

When looking for Energy efficient property in the Thomasville, Georgia area they are a few things to lookout for. Misrepresenting a listing and selling that listing on false pretense is a lawsuit waiting to happen for the agent or brokerage office.

1. Ask for certifications. If the home builder or Realtor does not belong to a nationally recognized organization, ask how and why they are making an eco-friendly claim. If they are certified, don’t immediately assume their paperwork is legitimate. Do some digging of your own to verify their claims, and the validity of their certifications. Realtors claiming Energy Efficient homes in Thomasville, Georgia better have third part verification documents to back it up or buyer I would file a lawsuit against the agent and brokerage office for misrepresenting that listing.

2. Don’t be an undereducated consumer. Do some investigating of your own to confirm that what they’re telling you is actually true. If you’re about to make an investment of several hundred thousand dollars, shouldn’t you get the maximum value for your dollar as possible?

3. Don’t fall for the window dressing. Just because they use nontoxic paint or installed insulation with a R-value above what the local building code requires, don’t assume the house is 100% green. Very few homes (if any) can be 100% green, so when you’re listening to a long list of stats about how great their product is, keep your suspicions up. Taking notes might help too.

4. Energy efficient products alone isn’t enough. Quality and workmanship are always paramount when buying a new home. So it’s entirely possible to have the best insulating triple paned windows on the market, but a small leak around the windowsill will negate their efficacy. It’s best to think of your house as a energy efficient system, rather than a combination of green products.

http://www.grec.state.ga.us/consumer/complaint.html

Price Per Square Foot is Misleading for Real Estate Values

2010-09-18T05:57:00.000-07:00

Price Per Square Foot is Misleading for Real Estate Values

Are You Over Paying per square foot in Thomasville, Georgia:
Some agents are adding hundreds of square footage to their listing and then claiming "as per owner". I am assuming as a real estate agent, a professional, would address this discrepancy and not pass the buck as to they would not be responsible for the listing they represent. Here we go again with assuming, you know what they say about assumptions! Always ask your agent (a real estate professional) were did the added square footage come from. If she/him claims it came from the owner, I would ask them for documentation justifying the added square footage. Because once you buy the property it is your problem to resolve and for future resale. Remember that the listing agent of any property is working for the SELLER NOT YOU THE BUYER….. And if they are working for the buyers as well they are acting in a dual agency. Ask yourself this Question: Would you go to the same attorney performing a divorce for both husband & wife? Well this is the same thing.

Meeting building codes is not enough - THOMASVILLE, GA - BUILDERS, REALTORS TRYING TO BE BUILDERS, FLY BY NIGHT BUILDER

2010-09-17T06:21:00.000-07:00

When buying a home in Thomasville, Georgia you need to do your homework. We have realtors, and fly by night non-builders building minimum Code Homes. Here is what you need to look for.

1) Ask who are the seller and the builder. You just may find it is the same person.
2) Ask to show you photos of the interior wall and framing.
3) Ask If they USED WET-CELLULOSE IN WALLS IN Thomasville, Georgia 99% OF ALL BUILDERS DO because IT IS CHEAP and after it is installed they install the drywall. THIS IS A NONO. THIS DOES NOT GIVE THE INSULATION TIME TO DRY. BY DOING THIS YOU ARE CREATING MOLD. NOT HEALTHY AT ALL.
4) MINIMUM CODE CONSTRUCTION. Building codes are the bare minimum that you have to meet simply to avoid breaking the law.
5) IF IT IS TOO CHEAP TO BE TRUE IT PROBABLY IS.
6)Not sure what type of builder would sneak into a home built by an appraiser and tries to pick a realtors lock to look around to copy the interior look of that home, P.S. Was not able to get in, but looked in the windows, only in Thomasville, Georgia.
7) Hearing Subcontractors without insurance or licensed
8) YOU GET WHAT YOU PAY FOR.
9) MUCH MORE TO SAY BUT YOU GET THE IDEA.
10) GOOD LUCK HOME BUYING IN THOMASVILLE, GEORGIA

Thomasville, Georgia Local Area Real Estate Board.

2010-09-16T19:37:00.001-07:00

Local Real Estate Board threatens agent with ethical violation for advertising on blogs that talk about dual agency in Thomasville, Georgia.

Trulia Blog About Real Estate in Thomasville, Georgia

2010-09-15T20:02:00.001-07:00

Trulia.com

By Kim Woodard, Wed Sep 1 2010, 05:13
Real Estate is no different than any other profession, there are bad apples in every bunch and it doesn't matter the state you are in either. Until we as professionals take things into our own hands by going to our local Assocations, State Associations and even National if we do not get a satisfactory outcome these things will continue to happen and give all REALTORS a bad name.

By I Love Thomasville Realtors, Tue Sep 14 2010, 10:40
I regret that you feel this way about the Realtors in Thomasville, Ga. I have been a Realtor for about 5 years here in town and have enjoyed working with all the Brokers and Realtors. I found it offending to read that the only thing we care about is the "commission." That is not true, but it is our only source of income. I worked with a Broker a few years ago who waived his brokerage fees and my commission so that a non-profit would be able to purchase a property. My partner and I go the "extra mile" to make sure that we get to closing whether is helping with closing costs, reducing our side of the commission, or paying for some of the repairs. I am sure like us there are many others in Thomasville who do the same. Naturally some Realtors have more listings and Buyers than others. But look at their track record, their commitment and years in this business. You can not compete with that. I suggest you attend more Realtor functions and get to know us, than make your judgement. As for BANNING your home at Sweetbriar: NOT TRUE. Maybe your agent isn't marketing right or just maybe it is way over priced. I have tried to show it to a few of my clients and they weren't interested. Number 1 it is on Sweetwater Dr. and there are only a couple of homes built on that side of the development (one was a foreclosure) and the remaining lots were sold at auction. The home is not on the lake. The tax records show that it has 2099 SF not 2100SF as on listing (you want to be "picky"). And if you do a CMA your home is at the high end price per square footage. The median price at Sweetbriar Lakes is $122.00 a SF. The home on Sweetwater is priced at $147.95 a SF. Eco friendly or not, no one wants to have the most expensive house on the block especially when who knows when the rest of those vacant lots will be sold and built out. So, no, I don't think Realtors are "banning" you or your home. Three years on the market is a long time.....and it's definitely not all our faults! Writing negative and defamatory comments is not going to encourage cooperation from Thomasville area Realtors to assist you in selling your property. As for calling all of us Realtors "dirt bags," this just shows the level of your education. For your own enlightment, a lot of us Realtors serve on local charity boards, donate our time & money for good causes, active in our church & communities. We support & encourage each other especially now in these troubling economic times. God Bless you and I truly pray that you have a change of heart about Thomasville, Georgia and it's Realtors.

By CHB Eco Custom Homes, Tue Sep 14 2010, 20:29
I regret that you feel this way about the Realtors in Thomasville, Ga. I have been a Realtor for about 5 years here in town and have enjoyed working with all the Brokers and Realtors.

Response:

It is really nice that most Realtors like each other so much or they are just scared to be banned. There are many people in Thomasville, GA that feels like me but they do not have the recourses like I do to get it out to the consumers. So, if you think it’s only me your mistakenly wrong.

I found it offending to read that the only thing we care about is the "commission." That is not true, but it is our only source of income. I worked with a Broker a few years ago who waived his brokerage fees and my commission so that a non-profit would be able to purchase a property.

Response:

To be honest, this is very hard to believe, this comment just confirms to me that agents from the same brokerage firm are showing and selling their own listings to maximize their income. As being a professional am sure you can verify this.

My partner and I go the "extra mile" to make sure that we get to closing whether is helping with closing costs, reducing our side of the commission, or paying for some of the repairs. I am sure like us there are many others in Thomasville who do the same.

Response:

If this helps you sleep at night more power to you. I could not imagine any firm or Realtor that does this I would be really shocked if this is even possible in this town.

Naturally some Realtors have more listings and Buyers than others. But look at their track record, their commitment and years in this business. You can not compete with that. I suggest you attend more Realtor functions and get to know us, than make your judgement.

Response:

I have dealt with quite a few Realtors in this town and heard of many others to tell you that just because they have a lot of listings with no customer support whatsoever or even putting any effort in their marketing makes them such a great Realtor. Like they teach you in real estate the more listings you have the more other Realtors can sell them for you. Am a builder, how would I attend your Realtor functions? What will that do for me?

As for BANNING your home at Sweetbriar: NOT TRUE. Maybe your agent isn't marketing right or just maybe it is way over priced.

Response:

This property has been with two main brokerages in town. The first and second brokerage firm their extend of advertising was a yard sign and in a local magazine. No efforts were made to find out what was so different about this home but yet these two brokerages in today’s market continue to misrepresent some of their listing by claiming them as being energy efficient just to jump on the bandwagon. Just because new window, new A/C and extra insulation were thrown on the attic DOES not make that home energy efficient. This shows the ignorance. These listings are deceiving the consumer and as you know that is against the code of ethics as representing your listing and yourself knowledgeable in an area that you are not but yet continues to happen.

There are procedures and documentations in place in order to claim a property as more efficient then what it was or built to be energy efficient. As for my agent’s marketing, the brokerage that has it has gone way beyond my expectations of marketing my property. You as a professional should be aware how the agency works, the listing agent does the marketing for other agents to bring the buyer and as you stated previously that my property is over priced this must be the opinion of Realtors in Thomasville and why this property has been sitting for two years. I would like for you to ex plain to me as a Realtor what gives you the right to tell your client that my property is overpriced without knowing what it has that makes it so different then any other house that is being built and sold either by a Realtors or a fly by night builder which seems to be the realm of Thomasville. This is the reason why home prices are so low. Simple because of Realtors that push the only thing they know SQUARE FOOTAGE and just make an offer.

I have tried to show it to a few of my clients and they weren't interested.

Response:

You claim that you tried to show this property this is doubtful that you did and if you did you were selling it as a standard spec home. There is no Realtor in Thomasville that can explain not even previous listing agents what features this home has except my listing agent that took the time and extended her education and became the first Realtor to understand what this home is and what it offers. If you in fact did do this you would not hide behind a bogus name to address me. I am certain that you are aware of the blue house bank owned in my subdivision the listing agent came to see my property specifically in order to price her listing.

Number 1 it is on Sweetwater Dr. and there are only a couple of homes built on that side of the development (one was a foreclosure) and the remaining lots were sold at auction. The home is not on the lake. The tax records show that it has 2099 SF not 2100SF as on listing (you want to be "picky").

Response:

I am so glad that this point was touched upon and I will have the pleasure to explain. (I will be picky) So buckle up, because we are now in the okay corral. The home that sold on the lake recently at Sweetwater Dr. is stated on public records as 2260 sq. ft and this property was listed by two brokerage with two different square footages one was at 2353 sq ft and the second brokerage thought it would be more appealing to state the square footage at 2400 sq. ft. This property could have been 2400 sq. ft on plans but when it got built it was built at 2260 sq. ft. Who is unethical here? So, in reality this spec home property sold at $139.98 per sq. ft. making it overpriced. I can go on with three years of documentation of similar if not worse with this problem. Yes, I understand that public records is not always correct but as a professional you should question why the difference because it is very customary here in Thomasville not to finish bonus rooms which at later dates are finished without permits because if it was done with permits public records would be updated to the correct square footage. There has to be a protocol not just for Realtors to be fast to use the square footage by owner. Since this seems to be the way to sell the home with less square footage price I will instruct to change the square footage to BY OWNER because public records has it incorrectly that will bring my square footage price to what you guys think it should be so you guys can show it and not tell your buyers that it is overpriced.

And if you do a CMA your home is at the high end price per square footage. The median price at Sweetbriar Lakes is $122.00 a SF. The home on Sweetwater is priced at $147.95 a SF. Eco friendly or not, no one wants to have the most expensive house on the block especially when who knows when the rest of those vacant lots will be sold and built out. So, no, I don't think Realtors are "banning" you or your home. Three years on the market is a long time.....and it's definitely not all our faults! Writing negative and defamatory comments is not going to encourage cooperation from Thomasville area Realtors to assist you in selling your property. As for calling all of us Realtors "dirt bags," this just shows the level of your education. For your own enlightment, a lot of us Realtors serve on local charity boards, donate our time & money for good causes, active in our church & communities. We support & encourage each other especially now in these troubling economic times. God Bless you and I truly pray that you have a change of heart about Thomasville, Georgia and it's Realtors.

Response:

This paragraph just confirms that you have no knowledge about Eco-Friendly and energy efficiency and what a custom home entails because if you only sell homes by their square footage what does that say about your education.

Realtors need to stay with the times and sorry to bring you to reality you will hear more about my type of custom green homes because the building industry is heading that way and standard or mediocre building practices is not sufficient anymore.

People who are truthful about themselves and know who they are do not have to advertise their good deeds. My opinion of Thomasville is that it is a great town but to change my opinion of some Realtors remains to be seen. Until Realtors stop making accusations that my property is overpriced and take some effort to learn and inform themselves and their clients the property features and the difference between a spec home to a custom green home I will continue to bring awareness. You as a professional have other ways to sell a property then compare what property is the cheapest per square footage. Sellers in Thomasville are hurting and for a Realtor to tell them that their next door neighbor is selling for $86.00 square foot and compare those low end homes to their home and to sell cheaper to me that is just wrong. Remember I am a builder living next door to these homes that are being built. I personally would not sell one of these homes to my worst enemy, also my homes are not resold after one year purchase. I will be more then glad to sit with you and tell you how Thomasville Realtors took me to my current opinion. Can we all work together? The ball is on your court.

Our Custom Features to local fly by night builders and Realtor's who are also building and selling their own in Thomasville, Georgia:
http://www.capitalhomebuilders.com/PDFS/Compare-Our-Custom-Features-to-Other-Builders.pdf

Thomasville, Georgia Real Estate Agents Boycotting Green Homes and green home builders.

2010-09-13T10:58:00.000-07:00

Small town does not embrace green building.

It is the twenty first century and the concept of green building—which may have sprouted as a trend from a select group of forward thinkers—is slowly becoming standard practice. If going green is the future, it seems that the future has arrived. And it is here to stay.

According to McGraw-Hill Construction’s 2009 Green Outlook, “The overall green building market (both non-residential and residential) is likely to more than double from $36-49 billion in 2009 to $96-140 billion by 2013.”

The report says that 70 percent of consumers report they would be more inclined to purchase a green home in a down market.

“It is likely that green will reach the mainstream of the global marketplace and achieve critical mass.”

So why is green building growing so rapidly?

It seems the awareness of climate change, with eyes also focused on other pressing environmental issues, is driving society to find a sustainable way of living, and fast.

This heightened consciousness, coupled with the facts—that green building saves on energy costs while creating a durable, healthy and higher quality home—draws many closer to the green building industry.

It doesn’t hurt that architects and design companies are catching on and creating attractive options for consumers, such as prefab homes, green communities, and apartment complexes.

While some of these projects may first seem costly, they not only offer a high quality of construction, but also help save on long term energy costs—which in the end balance out with original overheads.

Additionally, green rating systems, such as LEED for Homes and Energy Star, have become more prevalent, making it easier for those interested in meeting green standards to succeed in their mission.

Today, the demand for green building is high and continues to rise, growing simultaneously with society’s dependence on fossil fuels, elevating again and again with each bump up in fuel prices.

So, yes, green building is good, but what exactly is it?

Energy wastedWhile this question requires a thorough answer, this article can only highlight the basics:

Green building implies a process of designing and constructing a home that is energy efficient, one that uses fewer materials while making better use of the materials purchased. The building shell, or envelope, is the most important factor as this determines most of the energy flow.

“We waste 50 to 90 percent of energy in our buildings,” award-winning architect Michael McDonough said. “Energy use per square foot has gone up 14 percent per year in buildings over the past 10 years.”

Green building needs to result in a highly durable home that saves on energy costs, provides a healthy life for those inside it, while minimizing the home’s footprint on the environment.

A green home strives to have high indoor air quality; what is inside the home—from building materials to furniture—should not add toxins to the air. Products that do not emit VOCs (volatile organic compounds) should be used as much as possible.

A green home should save on energy and resources such as electricity and water. If the building envelope is constructed properly, the energy needs of a resident can decrease up to 80 percent. McDonough recommends autoclaved aerated concrete for the shell.

It is airtight; and with its thermal properties, it can save up to 50 percent of energy used for heating and 75 percent in air-conditioning energy use.

Solar power for hot water is also a great advantage. Water consumption should be minimized by using low-flow shower heads, high-efficiency toilets, and high-efficiency or tankless water heaters.

Recycled materials or materials that can be recycled should be used, as should products that are locally made. Products should be resilient to avoid unnecessary replacement and repair.

Whether building a home or remodeling, there are many ways to go green. It begins by thinking green—understanding the advantages of life inside a green home as well as its benefit to the environment all around.

By Adam Miller

HOW WELL IS YOUR HOME INSULATED?

2010-09-09T09:47:00.000-07:00

99% OF ALL THOMASVILLE, GEORGIA BUILDERS USE CELLULOSE INSULATION IN ALL NEW AND OLD HOMES. ALWAYS ASK WHAT’S BEHIND THE WALLS.

Disadvantages

• lower R-value per inch than most other insulation products in use today
• losses it R-value when wet and does not recover well if saturated wet
• tends to settle in attics and when blown into walls without binders (glue), losing R-value
• does not provide an integral vapor barrier

According to the University of Massachusetts Building and Construction Technology department, wet cellulose takes a long time to dry. While fiberglass may be faced with drywall as soon as the insulation is installed, wet cellulose must lose at least 75 percent of the water in it before installing drywall. Depending upon humidity, spray cellulose insulation may take weeks to dry, and professional sprayers will use space heaters to speed up the drying. From what I have seen in Thomasville, Georgia the day after insulation is applied the drywall goes up.

We spray Icynene and occasionally lose jobs to wet spray cellulose. I've used an infrared camera to look at walls of two existing homes that had wet spray cellulose applied. There were many cold spots, some apparent voids, and some settling. We have "dumped" a stud cavity of freshly applied wet spray cellulose onto poly, weighed the material, and dried it. There was approximately 0.9 gallon (ca. 7 pounds) of water in the cavity. We have been on a job site the day after the application of wet spray cellulose and have seen the sagging, settling, and falling out of the cavity. Sheet rock is typically applied within a day of application of the wet spray cellulose. I cannot comprehend the use of a wet product in a wall (wet things tend to shrink, settle, and sag) and then covering it up immediately (probably good practice from the perspective of the wet spray cellulose applicator). I would like your perspective/experience with wet spray cellulose and would like to find some "science based" studies on wet spray cellulose and other insulation products.

Concerns that have been raised about wet-spray cellulose Insulation and its effectiveness.

Buyers and Sellers Working With Dual Agency: BEWARE:!

2010-09-03T15:06:00.000-07:00

Extra Square footage:
In the Thomasville, GA area the square footage of a listed property is not always the same as public record. We are not sure why the lot size is always correct, but the homes square footage is not. One reason would be to make the price of the home square footage look more attractive or the home had an unfinished room that was done after construction and the owner did not inform the county of the change, if they did their property taxes would go up. NOW you as the buyer are responsible for the extra square footage that does not have a permit. I would always ask for the public record and ask why it is not the same.

Yard Signs: in Thomasville, GA.
With the lack of home buyers do to the economy it looks like some realtors and brokers are keeping buyers restricted to their office listings only. Buyers one way to make sure you’re not being restricted are to keep a look out for the brokers yard sign. If you keep seeing the same yard sign from the same listing brokers office you are being (Restricted) Realtors and Brokerage offices in Thomasville Georgia can use the words "We Show All Listing" to their website all they want it does not change the fact that they DO NOT show all listings.

ADVOCATING:
Lately, I have noticed more and more the practice of Advocating. Advocating is when an agent in a dual agency only shows you properties from their on office or just their own listings. I believe this should be outlawed in all states is when a state allows dual agents and agency to only show properties from their own brokerage office or their own listings to keep a bigger commission in-house when 95% of the brokerage office listing properties are being sold in-house more times than not the practice of DUAL AGENCY is accruing. You can be sure it is not because that office has the best looking properties in town. Even though DUAL AGENCY is legal in many states and many agents preach and even make themselves believe that this type of agency does not harm either parties are just convincing themselves that it's a good practice. Consumers have a choice in proceeding with this form of agency (it is not recommended by many) if advised by their representing agents what the true meaning of this agency is. Some consumers have no issue with this type of agency because they can represent themselves based on their real estate experience and this is great but always keep in mind that the agent is truly representing the sellers if the buyers are buying from the seller’s agent. I would also read up on Dual Agency in Georgia "Who is Your Agent Working For"! - LOOK FOR A BUYER'S AGENT WHEN SHOPPING FOR A HOME!

Are Bigger Homes a thing of the past?

2010-09-03T06:04:00.000-07:00

Real estate expert Barbara Corcoran explains why the average size of a new American home has shrunk by 300 square feet and discusses what this shift away from the opulent means in the housing. NOT in Thomasville, GA. You can get a really cheap home with big square footage and a big electrical bill too.

Visit msnbc.com for breaking news, world news, and news about the economy

Local Thomasville, Georgia BUILDER Does Not Like To Use Trash Dumpsters

2010-08-15T09:55:00.001-07:00

Burning Construction Debris is a Serious Health
and Environmental Hazard

Open burning of construction and demolition materials spews pollutants into the air that affect our health and our environment. These pollutants settle in our lakes, streams, soil and feed crops where they enter our food chain by lodging in animal fat and dairy products. So, if you are practicing open burning, which is burning any material outdoors without air pollution controls in place, you are affecting the health of a wide population. Smoke from wood and trash contains very small particles that, when inhaled, lodge deep inside the lungs. These small particles can cause severe health problems including cancer, reproductive disorders, skin diseases, heart disease, liver damage, respiratory and other problems. Children are particularly at risk.

Framers Were Told To BURN By Local Builder, So He Would Not Have To Pay For A Dumpster. REALLY NICE GOING.. This should help the Environment some right!

We at CHB Eco Custom Homes Do Not Recommend This Type of Building Practice.

Did you know open burning of building materials is usually illegal?

✔ Plastics
✔ PVC siding, flooring, piping
✔ Foam insulation
✔ Plastic wraps
✔ Green, CCA pressure-treated wood
✔ Glues in particleboard
✔ Petroleum products
✔ Asphalt shingles
✔ Asbestos containing materials (like old shingles)
✔ Solvents

“How Many LISTED & SOLD properties From The Same Brokerage Office Does It Take Before We Can Call It ADVOCATING”

2010-07-27T14:42:00.001-07:00

The real estate market has changed in the last few years and agents find themselves working harder in order to get a client and every agent is out for themselves. Unfortunately, those that weren't doing so well to start with find themselves getting a 9 to 5 job.

Lately, I have noticed more and more the practice of Advocating. Advocating is when an agent in a dual agency only shows you properties from their on office or just their own listings. I believe this should be outlawed in all states is when a state allows dual agents and agency to only show properties from their own brokerage office or their own listings to keep a bigger commission in-house when 95% of the brokerage office listing properties are being sold in-house more times than not the practice of DUAL AGENCY is accruing. You can be sure it is not because that office has the best looking properties in town. Even though DUAL AGENCY is legal in many states and many agents preach and even make themselves believe that this type of agency does not harm either parties are just convincing themselves that it's a good practice. Consumers have a choice in proceeding with this form of agency (it is not recommended by many) if advised by their representing agents what the true meaning of this agency is. Some consumers have no issue with this type of agency because they can represent themselves based on their real estate experience and this is great but always keep in mind that the agent is truly representing the sellers if the buyers are buying from the seller’s agent.

DUAL AGENCY in my opinion is not providing full representation to either the buyer or the seller. We expect our representing agents to advertise our properties for other agents from other firms to bring us a buyer and if by any chance our representing agent brings a buyer we expect, we even demand for our agent to make it clear to the buyer that they are representing our best interest and will negotiate to our benefit and if the buyer does not feel comfortable with this we would strongly encourage them to hire their own buyers agent.

You as a buyer can ask the brokerage office to show you how many properties have sold in a few months and who sold it, another way is to make sure all of the real estate signs in front of the house you are looking to buy are not all from the same brokerage office. This is not going to be easy because a home buyer at the time of any property showing is just interested in looking at the house and he/she does not think or even notice the same yard sign.

The Age Old Dual Agency in Real Estate Debate By Patrick Flynn on February 16, 2010

2010-07-18T08:01:00.000-07:00

So, what should I do to avoid Dual Agency?

The first question I would ask as a buyer or seller is, “Do you practice dual agency?” As I said, this may be a mute point to many in our Union because their State has wisely outlawed Dual Agency. But, if you are unsure of your States laws, ASK! The ethical agents out there will avoid Dual Agency like the plague. So, common sense would dictate that if you get a sense of apprehension or evasiveness from your agent or they flat tell you they do practice Dual Agency…you may want to look for a new agent.

A MUST READ WHEN BUYING OR SELLING A HOME IN THOMASVILLE, GEORGIA OR WORKING WITH BROKERAGE OFFICE

If you have any questions or comments Email Us at: email@capitalhomebuilders.com

Electrical Bill in Thomasville, Georgia A Hoax our Reality

2010-07-09T07:30:00.000-07:00

When purchasing a home in the Thomasville Georgia area, always have the real estate agent supply you with the utility company servicing that area. The electrical company should be able to give you the average of the low and the high. The low point would be what the home will use in the winter. Some of the unethical real estate agent would advertise the low point of the electrical bill to make the home more attractive.

DUAL AGENCY - National Association of Realtors - NAR

2010-06-23T12:47:00.000-07:00

We are going to continue talking about DUAL AGENCY to educate the consumer on what to look for when in a DUAL AGENCY situation in states where DUAL AGENCY is legal. All Real Estate Brokerage office are practicing Dual Agency because it is legal to do so but MUST be disclosed in writing to both the buyer and seller and get it in writing that they approve this agency. Within this agency there are do's and don'ts. Consumers just need to be aware and if they are comfortable with their agent performing in this capacity then more power to THEM. A buyers Agent will lookout for your best interests.

CHAPTER 3: INDIVIDUAL POTENTIAL PROBLEM AREAS: SEVEN-YEAR ANALYSIS

3.4.1 Dual Agency

A large number of Board Attorneys express serious concerns about Dual Agency. As one Attorney stated, "Dual agency is a legal oxymoron." The Attorneys are concerned that both licensees and their clients do not understand the nature of dual agency or the agent's duties and obligations. "Agents can't explain it, consumers don't understand it, lawyers recoil from it, and the courts, by and large, haven't yet put it to the test. It looks fine on paper, but isn't working in practice." The Attorneys are also concerned that even if licensees do understand their duties, they cannot adequately represent both parties. "Very few agents are able to be completely loyal and objective on behalf of two principals. Many still don't understand it or govern themselves accordingly . . . . Dual agency is simply impossible to abide by in its purest sense and agents have a terrible time trying not to cross the line." Attorneys also link this Problem to Breach of Fiduciary Duty, again noting that licensees do not appreciate what being a fiduciary entails.

P.S. We would like to add that if attorneys are having problems with Dual Agency what would be the affect to real estate agents in Thomasville, Georgia that barely passed high school or that are dropouts that got lucky passing the real estate exam.

Dual Agency Dos and Don'ts

Because disclosed dual agency is not a concept that consumers, and in some cases salespeople, understand well, spend time educating them on its benefits and limitations if you choose to offer this representation option. Also, make sure dual agency is legal in your state. Here are some more pointers:

Do:

1) Disclose all material facts about the property.
2) Treat the buyer and seller honestly.
3) Provide information about the property and neighborhood within U.S. Department of Housing and Urban Development guidelines.
4) Convey all of the buyer's questions to the seller and get answers in writing.
5) Disclose the buyer's ability to buy and the seller's ability to sell.
6) Explain real estate terms and procedures.
7) Explain closing costs and procedures.
8) Help the buyer obtain financing.
9) Help the buyer arrange for property inspections.
10)Assist in the standard purchase agreement.
11) Work diligently to complete the sale after the purchase agreement is accepted.

Don't:

1) Work to the detriment of either party.
2) Discuss the motivation of either party.
3) Disclose the price the seller will accept or the price the buyer will pay.
4) Disclose terms other than those in the agreements.
5) Say anything that would hinder the bargaining position of either party.

Adapted from Marcie Roggow, Today's Buyer's Rep, Real Estate Buyer’s Agent Council, January 2000

"Original article is found on http://www.realtor.org/�"

Other realtors won't show your property:
It is against the laws and regulation governing Realtors for a realtor to boycott another Realtor's listing or another real-estate company, or not to show their properties. If a Realtor was to do this they would be breaking the law and could get fined or maybe loose their license.

'Favorite Place' on Google! Congratulations! CHB Eco Custom Green Homes

2010-06-06T06:48:00.000-07:00

Capital Home Builders is one of less then 250,000 businesses in the U.S. to receive this recognition; that's less then 1% of all U.S. businesses. Because we are so popular.

CHB Eco Custom Homes

IGNORANCE IS BLISS:

2010-05-18T09:54:00.000-07:00

The new scoop for marketing a property listing to appear as a good buy is deviating from public records information as to the square footage. Many agents justify their square footage source as “Per Owner”. We are not sure what that implies? In a normal world as a professional you're required to pull tax records to get the homes square footage and other pertinent information about the property and if public records do not match with the owner’s information than as a professional you know something was either done without a permit or a mistake has been made. In this situation, it is up to the property owner to get this corrected either by appraisal or updating public records or by having city appraisers re-visit the property to verify property information but most owners do not do so because ultimately it may pose a financial burden.

A number of agents are adding hundreds of square footage to their listing and then claiming "as per owner". I am assuming as a real estate agent, a professional, would address this discrepancy and not pass the buck as to they would not be responsible for the listing they represent. Here we go again with assuming, you know what they say about assumptions! Always ask your agent (a real estate professional) were did the added square footage come from. If she/him claims it came from the owner, I would ask them for documentation justifying the added square footage. Because once you buy the property it is your problem to resolve and for future resale. Remember that the listing agent of any property is working for the SELLER NOT YOU THE BUYER….. And if they are working for the buyers as well they are acting in a dual agency. Ask yourself this Question: Would you go to the same attorney performing a divorce for both husband & wife? Well this is the same thing.

Dual Agency in a Small Town in South Georgia - who is your agent working for?

2010-05-14T06:00:00.001-07:00

Buying and Selling a Green Home in Thomasville

2010-05-02T15:10:00.000-07:00

A greener world is not just a dream like some people in the real estate industry seem to think. Building codes have changed and continue to change towards a more energy-efficient method that includes the way a home is constructed, type of windows and even the type of insulation used. Consumers, now more than ever are more aware on what amenities are available to them besides just buying the biggest home on the block.

The problem arising in the real estate industry, especially in small towns like Thomasville where a limited amount of knowledgeable Green professionals realize how the real estate industry has changed. Real estate agents and firms that once thought that the introduction of green, energy efficiency, and smart home technology construction by Capital Home Builders, Inc. ( a local builder) was just an outsiders sales gig. This innovative and insight of an unheard type of construction was not well received by the local real estate industry.

Nevertheless, as overwhelming news media embraced the necessity of a more sustainable way of life came to light these real estate agents and firms find themselves now jumping on a bandwagon they know nothing about or care to admit is a reality. But in order to be competitive, and with the gaining consumer knowledge on green or energy efficiency of a home these agents & firms are resorting to (GREENWASHING) by misrepresenting their property listings calling them energy-efficient when in reality they are not in order to compete with a true green Energy Star home which is only being built by Capital Home Builders, Inc. But what is the advantage they are trying to push? The answer is simple, square footage, square footage and more square footage with misleading claims.

What does this all mean to buyers looking for energy-efficient homes in Thomasville?

Simply this: Buyers looking for green or energy-efficient homesin Thomasville soon will be surprised to find limitations to their request because only one home is truly Energy Star Qualified in Thomasville, GA. With this limited selection, buyers are presented with larger square footage homes that are misrepresented by their listing agents and real estate firms as energy-efficient when in fact they are not. Buyers are being misled by their agents that are not qualified to advise their clients of the difference between the two.

Professionals lacking the knowledge of the meaning of energy-efficient homes will argue that qualified green or energy efficient homes should be comparable with other homes, and why would they be?

This is the simple analogy: For every $1.00 saved annually by the homebuyer results in a $20.00 increase in home value. So, how in the world would an Energy Star Qualified home be comparable to any standard run of the mill spec home?

Energy-efficiency and green homes are not a fairly new market like some people seem to think. Home efficiency has been around since 1996. It has only become popular in recent years because the United States has encountered astronomical energy price increases on a daily basis and has become a hot news topic and a major concern for consumers. So, this market is by no means considered new or a niche.

An Energy Star Qualified home affect prices because qualified homes are worth more than a standard spec home and appraises higher and qualifies buyers with more buying power by large lenders. Spec homes and existing homes that only offer consumers heavy millwork and more square footage are priced at a lower rate, and appraise lower.

Green Buyers

Buyers find themselves with a dilemma in their search for a green home in Thomasville. With the lack of availability of qualified green or energy efficient homes, buyers end up with the untrained real estate agent pushing (steering) a home that is misrepresented as energy efficient at a lower price with more square footage and fewer amenities in order to compete with the Energy Star Qualified home. Agents will soon convince buyers that their investment would be better spent on a larger home because buyers get more for less but neglect to tell buyers that on resale they will loss between 10-20% from their purchase price simply because the only thing they have to compete with is square footage like every other house on the market.

Sellers will hold firm on their price for their Energy Star Qualified homes and the educated buyers will recognize the benefit that comes with the prestigious blue label logo because they will enjoy the following:

Lower utility bills

Stronger construction,

Healthier indoor quality

Lower maintenance

Quieter homes

More amenities

And most of all higher resale value because contrary to what other local real estate professionals may believe or think they know about green or energy efficient homes they are oblivious to the fact that qualified green or energy efficient homes do appraise higher and lenders will provide for higher buying power. You just need to talk to an Eco Certified Agent and with a lender that provides these types of mortgages for example like Bank of America.

Unlike statements made by others that green or energy efficiency has no weight on appraisals or on lenders are mistaken and misinformed and incorrect on their statements.

They may be speaking of homes that are misrepresented as green or energy-efficient that will appraise lower because they are homes that are not documented as being true Energy Star Qualified homes and the reason why statements are made that these features have no weight.

In other words, is a Mercedes Benz equal to a Ford?

So, why would you the buyer think or expect for an Energy Star Qualified home be equal to a minimum standard spec home?

Green Sellers

A seller that owns a qualified home (by qualified I mean a home that has been rated by an independent third-party verifier) trying to sell these type of homes would contact an appraiser that has the training for appraising qualified green or energy-efficient homes in order to incorporate these values into the appraisal.

Like everything else, these qualified green or energy-efficient homes are treated differently than standard minimum spec homes. A regular run of the mill appraiser that has no training on these types of homes would not be called upon by any lender providing green or energy-efficient financing. This type of financing is called EEM (Energy Efficient Mortgages), FHA EEM’s and VA EEM’s for information log on to www.EcoHomesGA.com/mortgages.html

A lender providing buyers seeking EEM financing provide buyers with additional monetary incentives for their purchase and a larger buying power. Unlike, local lenders will soon tell buyers they do not have any idea of what you, the buyer, are talking about and that there is no such thing.

The only difficulty a green seller may encounter in a small town like Thomasville with their qualified home is hiring a real estate agent in an agency that lacks the knowledge on green or energy-efficient homes. These professionals will soon tell you their famous words “they need to be comparable” and soon tell sellers what standard square footage pricing is in the area. In other words, if you insist and provide support to the value of the home and demonstrate to them that you know more on the subject you will soon find out the hard way as your property will lack the showings oppose to other homes in your area.

Unfortunately, some real estate professionals and agencies still believe that the old ways they use to sell real estate 20 years ago still works in today’s market and sadly become upset and maybe even stumped when a specialized Realtor designation is introduced by their own National Association of Realtors as a sign that in fact this is the future of real estate and a new form of home construction.

If you’re looking for a green or energy-efficient home in Thomasville or trying to sell a home that has energy efficient features contact your local Ecobroker Certified Agent. An Agent that is certified on green and energy efficient homes and can verify for you, the buyer, claims of homes advertised as being energy efficient and for sellers the proper way to market the energy efficient features. Remember distinguishing between the both can eliminate the utility bill shock for the buyer once already in the home and the seller avoid possible litigation for false advertising.

If you’re trying to find an environmentally friendly home and why these homes are superior to standard spec homes contact Marlene Bienes Ecobroker Certified Agent @ Rose City Realty, Inc (229) 289-0139. Buyers and Sellers take the risk of being mislead and misinformed when dealing with an uncertified professional in the Green arena.

Marlene Bienes-Ecobroker Certified Agent @ Rose City Realty, Inc.
May 1, 2010

Floor Plans by Influential Architects Built Right / Built Green By Capital Home Builders

2010-05-01T08:42:00.001-07:00

The Only Eco Custom Home Builder in Thomasville, and South Georgia

2010-04-26T05:00:00.000-07:00

Custom Home Building in the Thomasville, Valdosta, Cairo and all of Georgia

2010-04-23T10:50:00.000-07:00

Building a new home is a great way to invest your money and add the security and comfort for you and your family, and building or purchasing a home is one of the biggest purchases one will make in his or her lifetime. There are many considerations one must take in the planning of building a new home and the last thing you want is the added stress of an unreliable home builder.
A great home is one that fits your lifestyle and brings instant comfort to you and your family every time you walk through the door. CHB Eco Custom Home Builders offers the flexibly and affordability to make your next dream home a reality buy providing you with multiple floor plans and extensive options to suite every lifestyle.
One of the very first steps to building your new home involves finding a location on which to build your new CHB eco custom home. If you already have a location or have an idea of where you want your new custom home CHB builders can assist in the complete development from start to finish. We will make your new custom home go as quickly and smoothly as possible.
Once you have found the land to build your new custom dream home on, you need to begin your planning and design. Assuming that you will be living in your new custom home a long period of time, you want to make sure that the floor plan you decide on is practical and efficient, yet still appealing to your senses. Once you pick one of our many custom floor plans that not only suite your budget but also suites the lot that you have decided on give us a call. We can also work with your existing floor plan.
CHB Eco Custom home builders, looks forward to helping you find your perfect custom dream home at the most affordable pricing. Thank you for considering us as your premier home builder and home remodel contractors in the Georgia area, Thomasville, Valdosta, Cairo and all of Georgia.

Dual Agency, Not In Anyone’s Best Interest

2010-04-17T13:48:00.001-07:00

Dual Agency, Not In Anyone’s Best Interest

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Dual Agency Definition

2010-04-17T10:41:00.001-07:00

The dual agency definition is commonly referred to when a real estate agent is representing both buyer and seller in the same real estate transaction. Since the agent has promised a duty of confidentiality, loyalty and full disclosure to both parties simultaneously, it is necessary to limit these duties in this situation, if both parties consent to dual agency law.

This relationship involves the following limitations:

The Agent will deal with the Buyer and the Seller impartially
The Agent will have a duty of disclosure to both the Buyer and the Seller
The Agent will not disclose that the Buyer is willing to pay a price or agree to terms other than those contained in the Offer, or that the Seller is willing to accept a price or terms other than those contained in the Listing
The Agent will not disclose the motivation of the Buyer or the Seller to sell unless authorized by the Buyer or the Seller
The Agent will not disclose personal information about either the Buyer or the Seller unless authorized in writing
The Agent will disclose to the Buyer the defects about the physical condition of the Property known to the Agent
Before receiving an offer both you and the other party will be asked to consent in writing to this new limited agency relationship.

Say No to Dual Agencies!

2010-04-17T10:16:00.000-07:00

Avoid Using a Dual Agent!

In Georgia, the law allows for agents to represent both buyers and sellers of the same property. But if you’re buying a home in the greater Georgia area, you deserve to employ a buyer’s agent who has no fiduciary interest in the sellers.

A dual agent cannot, by the nature of their contract with the seller, effectively negotiate the lowest possible price for you, and so you may end up paying more than you should, and making concessions to the seller that you don’t want to make. Although use of a dual agent must be agreed to by all parties in writing for it to be legal, and although the agent is legally obligated to be fair to all parties, invariably the dual agent will favor the seller.

If you’re looking at homes in Thomasville without the assistance of a buyer’s agent, you may find yourself involved with a dual agent whether you mean to do so or not. An agent can enter into a relationship with the buyer by one of two means.

Expressed agency, in which the agent expresses intent to represent the buyer in writing through a buyer representation agreement or any other written means; or orally, in which the agent verbally expresses their intent to represent the buyer.

Implied agency, also referred to as “accidental agency,” in which the agent assumes the role of an agent, and the buyer responds as a consumer, relying on the advice and actions of the agent.

It is through implied agency that many buyers find themselves involved with a dual agent. It’s very important when considering the purchase of Real Estate to ensure that the agents you work with are up front about their business and listing affiliations, and that you are at all times adequately represented. Working with a buyer’s agent costs you nothing, and will certainly benefit you in the long run.

A buyers agent will never act as dual agent in any transaction. Whether you’re buying a condominium or town home, single-family home, or multi-million dollar estate home in the Thomasville area, they will provide you with the highest quality of service possible, and the knowledge to make the best possible decisions about your real estate purchase. Buyers Agent is committed to making your home purchase a rewarding and stress-free experience.

First Thomasville Realty, thomasville-georgia-real-estate,
Century 21, Re/Max