I have had to emphasize this point for many years: THIS IS OUR PROFESSION.

My partner Barb and I have had the pleasure to work with many well educated, business savvy, experienced clients. Some of them have bought and sold more houses than I have!

However after 7 years of success in this real estate market we can say with confidence that we know what we are doing.

Recently we had a client who was dealing with a possible mold issue in a home that he was lease/purchasing. A water leak occurred in the bathroom (nail in a pipe). The homeowner sent out an insurance adjuster who made a report. The homeowner next sent out a plumber and contractor to fix some of the items but not everything in the adjuster's's report.

In the interim our client's son, who is 4, had been sick for over four months! Possible mold in the home and how it relates to their son's illness.

Once the "M" word was mentioned my partner Barb and I took this to a higher level.

We asked our clients to not talk to the current homeowner and let us discuss options. Our client, who had lease/purchased the home, wanted to work this situation out with the homeowner but nothing was being accomplished.

Reviewing our GAR contract with our broker, we looked at possible options.

After a professional mold certified inspector filed his report we were at our next step.

Barb and I then advised our client to discuss all options with an attorney.

The contract was to be terminated pending a final walk through by the current owner, our client, and my partner Barb present.

Needless to say the current owner did not welcome my partner Barb with open arms. They proceeded to make a lot of comments and accusations, some rather harsh, at her. She had to listen to these irrational comments because she represented her clients.

Moral of our story: A lot of us thinks we can do everything our self. Whether it is working on our car, our house, investing our savings, doing our taxes, buying our houses there are times when we need to use a professional.

Barb and I pride ourselves on our knowledge, integrity, and hard work. All we ask is that our clients let us "watch their backs".

Moving is hard. Whether it is a new job, a transfer, different home, school, or church it is hard to say goodbye.

However moving brings about a new excitement to our life.

After 6.5 years at The Norton Agency of Cumming GA, The Wells Team has made a move. We are now members of Keller Williams Community Partners.

Keller Williams is the largest real estate company in Forsyth County Georgia (North side of Atlanta). We have an office in both Cumming GA and Dawsonville GA. Both of these offices are better located for The Wells Team and our clients. We will be able to more effectively serve our clients in the North Metro Atlanta area all the way to the North Georgia Mountains.

The change also gave us the "kick" we needed to jump start our business.

Even with our new partner The Wells Team will not change its overall recipe for success: Working hard for our clients. It is a simple recipe but has been the reason why we are where we are today.

The Wells Team and Keller Williams: A great combination.

Another tax is going to be implemented on real estate starting January 1st.

In order to cover the two month "payroll tax holiday" fees will be increased on government backed mortgages from Fannie Mae and Freddie Mac.

The fee will be an additional 0.1 "surcharge" paid monthly on mortgages from both government backed institutions.

A typical $200,000 mortgage will see an approximate increase of $17 per month.

The Payroll Tax is used to fund Social Security. A two month "tax holiday" will take around $33 billion dollars away from the Social Security Trust Fund.

 Bottom line: There is not free ride. Regardless of your political affiliation one thing stays the same: Somebody has to pay!

We just completed our 2012 GAR (Georgia Association of Realtors) contract class.

Every year we go through this class as GAR continually refines our contracts. Every change helps our buyers and sellers and the amount of protection we offer them in their real estate transaction.

The biggest change to the GAR contracts is in reference to access to the actual contracts. Starting this month there some new procedures in place.

Real estate agents, who are members of the National association of Realtors and GAR, will continue to have full access to all GAR forms.

However if an agent is not a member of GAR, they will have to pay an annual subscription fee in order to access the GAR contracts.

The last option is that an agent can us non GAR contracts that will be available on both of the Atlanta area listing services FMLS and GAMLS. As this time those contracts will be available on a limited basis.

Bottom line: Real Estate agents in the state of Georgia are not required to be a member of the GAR or NAR. The Wells Team, of The Norton Agency, chooses to be members of these very important organizations. NAR provides us with a code of ethics, access to information, and training that allows us to provide the best service possible. Full access to the GAR contracts just solidifies our position a little more.

I just received an email from my Dad about a real estate tax that would be part of  the Obama Health Care plan.

Beginning January 1, 2013, ObamaCare imposes a 3.8% Medicare tax on unearned income of “high-income” taxpayers which could apply to proceeds from the sale of single family homes, townhouses, co-ops, condominiums, and even rental income, depending on your individual circumstances and any capital gains tax exclusions. Importantly, the “high income” thresholds are not indexed for inflation so will reach increasing numbers of middle-class taxpayers over time.

I have attached two links to the National Association of Realtors website. One link provides details on the tax with the other providing the position of the National Association of Realtors concerning this subject.

http://www.realtor.org/small_business_health_coverage.nsf/pages/health_ref_faq_med_tax?opendocument

http://www.realtor.org/small_business_health_coverage.nsf/Pages/health_ref_faq_advocacy?OpenDocument

This provision has been discussed since late 2010 but is worth revisiting. Please familiarize yourself with this tax provision.

Bottom line: Regardless of your political views if you want to have a federal program you have to find the money to pay for it!

After seven years in the real estate industry it would be safe to say that we have an idea what is going on in our local real estate market.

Instead of making bold 2012 real estate predictions I have decided to decline.

Why?

Because every other real estate agent, real estate company, and professional organization has already published theirs! My clients have read some of them but not many.

So my crystal ball stays in the closet with my ouija board, rabbits foot, and all other prognosticating devices that I own.

All I tell my clients is to be realistic and hope for a 2012 that was better than 2011.

Happy New Year to all!

It is easy to give advice to clients, friends, and family when it does not directly affect you.
In this situation I had to practice what I preached.

My family has owned a condo in Florida for over five years. We bought this condo to enjoy with our family not as an investment.

Then the housing market collapsed. The result: The market value of the property went down by 53%

After three attempts at a short sale, loan modifications, and refinancing, we were at a crossroads. Do we continue to put money into the property or cut our losses and move on?

It is easy to tell your clients to cut their losses, take money to closing, and move on. It is easy to tell your clients to run spreadsheets, do a cost analysis, and see if the property will return a positive investment.


Now it was time for me to take my own advice. I ran the spreadsheets, did the cost analysis, and conferred with my financial planner, and accountant. The answer was the same: Sell the property, take the loss, and move on!

I did not like the answer. I spent countless hours rationalizing why I should keep the condo. We enjoyed it, the beach was wonderful, and it gave us a chance to relax. Unfortunately those are not rational reasons.

I will be closing on the sale of the condo by the end of the year. The monetary loss is going to hurt and hurt badly. But in the long run it was the only solution.

The next time I give advice about losing money on the sale of a home it will come from the voice of experience.

This market continues to amaze us. It forces people into irrational behavior. Take the case of the latest home to go into foreclosure in my neighborhood. The home had been for sale approximately two years. A custom built home with upgraded appliances, light fixtures, and a pair of handmade antique front doors.

Needless to say the home was advertised for foreclosure at the beginning of December. Our team put a short sale offer on the home two weeks before it was to go into foreclosure. At that point the "owners" had taken the appliances, and changed out the light fixtures. We pressed ahead with the short sale offer despite the changes they had made.

Then they came back to us and said that they were taking the doors! What do you mean they are taking the doors! The same doors that they had advertised for two years as part of the home had suddenly become a "wedding present". The sellers had now laid claim to the doors.

After some tense negotiations the sellers agreed to leave the doors with the home. However after all that work the lender declined our short sale offer. The home was then foreclosed on the following. It happened on a Tuesday. I bet you will never guess what happened Tuesday night? Yes you guessed it. The doors disappeared. They were replaced by two standard metal doors.

My question to all of you is this: When you build, or buy a home, do you buy the doors, light fixtures, and appliances for cash and place them in the house or are they paid for by the mortgage? I will bet that all of the items are part of the mortgage. If the lender paid for all of these items then why do sellers feel it is their right to take these items out of the home?

Has this housing market killed our integrity?

For all of us "locals", we are all very familiar with Lake Lanier and its ever changing water levels.

As of today Lake Lanier was down over 14 feet!

What does that have to do with a real estate agent who sells Lake Lanier property? I think you know the answer.

We had been working with a client for over six months. We had showed them Lake Lanier property and knew their desire to live in our area. We were waiting for them to sell their Florida home.

You probably know how this turned out. Our clients had sold their Florida home however I did not hear from them. I made the phone call that I dread making. When they answered the phone they apologized for not keeping in touch but they were going to buy a home at Lake Oconee!

Regardless of the outcome we always take the high road. We wished them the best of luck.

They are moving to an area that is double the distance from their grandchildren in Atlanta. They are moving to an area that is more rural with less to do. But they were moving to a lake where the water level stays constant.

Lake Oconee is run by a power company. They keep the level constant. Lake Lanier is run by the Army Corp of Engineers.

The priorities of Lake Lanier are flood control, water supply for Atlanta, enforcement of the Endangered Species Act, among the many. Boating, recreation, and real estate are at the bottom.

As residents of the lake, boat owners, and real estate agents, we always knew the priorities. However this does not make the situation any easier.

As we continue to have water wars with Alabama and Florida over the lake, have a growing population, and put more strains on the infrastructure, we will continue to see this situation every other year.

An unfortunate situation that is caught up in local and national politics. The solutions are attainable but they need to be implemented not discussed.

Until them we will keep losing customers.