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buyer agency: Finding your "Dream Home" - 12/30/10 03:05 PM
After 23 years in this business of helping people buy and sell homes, I have come to the conclusion that the "dream" home is just around the next corner or bend in the road. For most, the buy decision is an emotional bonding, mixed with fear-of-loss (someone else is going to get it before me). I have been out with folks who swear allegiance to a 4-bedroom, 3-bath colonial on day one and, dump it for a 5-bedroom Contemporary nestled in a wooded setting on day two. In fairness, it really is a big-deal decision and everyone goes through the process (1 comments)
When a Buyer really should sue you….. Having been in this business for many years, I never cease to be amazed at how cavalier some agents are with other people’s money and contract rights. It seems like another cycle of “sue-the-agent” for negligence and unprofessional conduct has begun with no less than four agents being successfully sued in the last six months in my market area. Some agents, thankfully a minority, are more interested in closing the deal than preserving a buyer’s purchase considerations and in having a full understanding the condition of a property in which they are interested. (0 comments)
buyer agency: What if my 1st-time buyer wants to look at an auction? - 10/03/07 12:25 PM
Recently, one of my newer agents was told by her buyer that he really wanted to get a good deal through a housing auction. She had no experience and asked for guidance. Auctions can be a good thing, but a buyer can also end up paying more than he might otherwise. In our area, most auctions happen because the house is either unable to be sold normally or because the builder thinks he may realize a higher profit through the auction process. I would encourage your buyer to look into auctions and also continue to look the regular way. When he (3 comments)
buyer agency: Internet-based Fiasco’s vs Reliable Purchase Transactions - 07/26/07 05:19 PM
Before I even start this blog, I’m sure it’s clear by the title that I have a bias and a preference. Just as everything else is becoming fully automated in our business, many mortgage lenders make significant use of Internet resources to try and penetrate geographic locations where having an office or overhead expenses is not practical. I think real estate is headed that direction as well. There are continuing efforts to “Nationalize” MLS’ access and, there are Transaction platforms in use from coast to coast. My concern is that while we are taking the personal contact out of lending and (2 comments)
Before you “help” a prospect or client enter into a contract to participate in a 1031 Exchange, be certain both of you understand what you are about to do. Taxpayers use Internal Revenue Code (IRC) §1031 tax deferred exchanges to defer paying capital gain taxes. Frequently, a taxpayer may consider exchanging out of or into property held for investment in a vacation or resort area. Many tax and legal advisors believe it is possible to perform an exchange on a vacation property that is held for investment purposes, provided the personal use is incidental (generally less than 14 days a (4 comments)
buyer agency: Broker commits fraud - pays punitive damages - 06/29/07 05:04 AM
A California court has considered the appropriate level of damages that a buyer could recover after he was misled by broker. In July 2001, John Warren (“Buyer”) became interested in purchasing a property listed for sale by real estate broker Hildegard Merrill (“Broker”). However, the Buyer had a lot of personal problems at the time, such as the collapse of his business and neurological problems that impaired his cognitive abilities. In addition, no lender would extend him a loan because of an outstanding judgment against his company, even though his personal credit was in order. In order to help him acquire (5 comments)
buyer agency: Commission Awarded from Second Purchase Contract - 04/12/07 03:03 PM
A Missouri appellate court has considered whether a buyer’s representative could recover a commission when a buyer purchased property following the expiration of the buyer’s representation agreement after the initial purchase agreement between the parties had terminated because of the buyer’s inability to obtain financing. Patricia Zoll (“Buyer”) entered into a buyer’s representation agreement with Reece & Nichols (“Brokerage”) so that the Brokerage would aid her efforts to find a home and negotiate a sales price. The term of the agreement was from May 23, 2003 to July 31, 2003. The Brokerage located a suitable property, and helped the Buyer negotiate (0 comments)
buyer agency: Buyers burn their bridges with notice of defects - 02/04/07 09:20 AM
Against their agent’s advice, a couple wanting to buy a Wisconsin property submitted a laundry list of defect fixes the seller would have to comply with before they would consider purchasing. However, not willing to fork out thousands to repair a loose toilet base or remove high amounts of asbestos, the seller threw out their offer and accepted another. So, did the couple’s frantic backpeddling and court appearance ultimately land them the house? Read on to find out. Buyers hoping to procure a Racine, Wis., property in 2003 learned the hard way that you have to be careful what demands you (1 comments)
buyer agency: No Commission Reduction Required - 02/02/07 10:39 AM
A Connecticut appellate court has considered whether a seller could demand a refund from a broker because the broker received a commission based on a price which exceeded the actual sale price. Donna Smith (“Seller”) owned Georgetown Early Learning Center, LLC (“Day Care Center”), a child care facility. The Seller listed the Day Care Center for sale with Coldwell Banker Commercial N.E.R.A. LLC (“Brokerage”), agreeing to pay the Brokerage a percentage of the sale price if the Brokerage procured a buyer for the Day Care Center. The Day Care Center was listed for sale at $350,000. The Brokerage produced a buyer, (1 comments)
buyer agency: Consumer group calls for major reforms to the Homebuilders Commission - 01/16/07 05:45 AM
Homeowners Against Deficient Dwellings (HADD), a consumer protection organization, released a report titled “Leveling the Texas Residential Construction Commission” detailing the changes needed to the TRCC to provide adequate protection to homebuyers with construction defects. “The Texas Residential Construction Commission (TRCC pronounced trick) created in 2003 is a complete disaster and provides little if any consumer protection for the largest purchase of a lifetime, a new home.” states John Cobarruvias President of HADD Texas. “It is time for our elected officials to turn to the consumers of the state to understand the problems they are facing when dealing with new (2 comments)
buyer agency: New Math on the Old Commission? - 11/17/06 08:03 AM
As recently reported in the Washington Post, with the ever increasing public access to housing and other MLS data, it’s not surprising that more sellers are asking more questions about the services provided by prospective listing agents. More often than not, savvy homeowners are dumping loyalty to their former selling agent, the residential “farmers” who bring a pumpkin in the fall, a calendar in December and flower seeds in the spring. Property owners are more regularly starting to ask tough questions about service levels for how much fee. It seems like more than a few Realtors are changing their strategies as (17 comments)
buyer agency: Only volunteer what you know - 11/07/06 07:31 AM
It doesn’t seem to vary much with experience levels, but there are just too many agents out there trying to be something they are not. Being a chronic service volunteer for more than 35 years, I know about wanting to help others and, I have also learned when not to help. At least monthly, you can pick any number of real estate industry journals, flip to the legal section and, see that some, usually - but not always, well-intentioned agent being successfully sued by a financially injured buyer or seller for warranting something they had absolutely no definitive knowledge about. In (1 comments)
buyer agency: Who really owns this property? Or why you need title insurance, Part III - 11/03/06 07:17 AM
Several years ago, I was sitting at the closing table with my sellers while the buyers’ agent was trying to convince his clients that they really needed to purchase the owner’s portion of title insurance, which in this case amounted $975. They said the title search completed showed that the property was clear of liens and encumbrances, the seller had signed a document stating there were no mechanic liens; they didn’t need it. My seller clients had been sitting there quietly listening to the conversation. When the buyer agent finally gave up, the seller said, “I’m sure you understand this is (11 comments)
buyer agency: New Homes Aren't Perfect - 10/30/06 08:47 PM
When I am working with purchasers who decide they would like to buy a new home, while writing the contract with the new homes sales manager, I ask the manager when will be the best time before closing to complete a home inspection, should the purchasers opt to have one. The sales manager and the purchasers turn and look at me as though I have just grown a third cyclopean eye in the middle of my forehead. After working up his best demeaning and condescending smile, the sales manager asks, “Why would they want to do that? They will have a (26 comments)
buyer agency: How much are you willing to gamble over permits? - 10/28/06 07:59 PM
As consumers continue to have more access to more property data over state, county and city Internet sites, an increasing number of transactions in process are getting extra scrutiny over the matter of building permits. People will go on an MLS access site and notice that the property of interest has four bedrooms and three baths. Then they pull up the county tax record to see how much is paid in annual taxes to discover that the county thinks this is - and taxes it as - a three-bedroom, two-bath home. Is there a potential problem? You betcha’. At the moment, (15 comments)
buyer agency: How do you qualify Buyer motivation? - 10/10/06 12:55 PM
How do you keep the music playing? How do you know when your previously “I want to buy tomorrow” buyer’s motivation has left, without a forwarding address? I really enjoy working with buyers and have found over the years, that the motivation to take the next step sometimes can be very elusive, if there at all. My experience tells me that you have to re-qualify and support buyer motivation often, sometimes, each time you meet with the prospective buyer. Not all buyers have the personal confidence to step up to the plate at the designated time. Many need a lot of (13 comments)
buyer agency: When a buyer is about to be fired…. - 10/02/06 09:49 AM
I recently learned about a transaction where the buyer was an employee for a company where the buyer’s agent’s wife is an officer. The buyer agent’s wife was aware of the pending transaction and, she told her husband that this employee is going to be fired, but that the announcement won’t be made until after the scheduled closing. What should the buyer agent do? What happened. Ethical dilemma’s abound in this case. While the wife should not have disclosed privileged information to her husband, she did. The buyer agent really had no choice but to let the buyer know what’s was (4 comments)
buyer agency: "Buy from Me or Get Out of My Car!!!" - 09/25/06 09:42 AM
Back in 1989, before the huge market collapse, I attended a seminar entitled: “Buy from Me or Get Out of MY Car!” It was a half-day well spent in discussing who gets in your car when. It’s not just a matter of being financially qualified. It’s also important that the Buyers you are working with today - have an understanding and an expectation that if the “right” property is found today, they should give serious consideration to preparing an offer for contract. Too many agents, both new and experienced, are sometimes just grateful to have someone to show houses to – (21 comments)
buyer agency: Home Inspection or Not - 09/24/06 06:28 AM
Have been around for many years, I have seen lots of different views on the usefulness or necessity of home inspections. How we have treated this matter has come back to haunt and roost on more than a few Realtors - legally, financially and professionally. Home Purchasers (with or without Buyer Agency agreements) have a reasonable expectation to be able to rely on the advice and guidance we provide in making decisions about whether or not to proceed in proposing a home inspection. During the last two years of the hot sellers’ market, for listings where I received multiple offers, (3 comments)
buyer agency: Variable/Reduced Commissions for Limited-Service Buyer Agents - 09/13/06 05:17 AM
As most of you know, there are new limited-service companies that are taking market share of un-represented buyers in return for commission rebates up to 2% of the sales price. A number of traditional brokerages are trying to find ways to circumvent this market penetration. I have to admit that it is more than a little annoying for a prospective buyer to call the owner or you and ask to see a property and then tell you he is represented by another agent who won't be at the showing. What do you do? The limited-service company's agent will still write the contract, (11 comments)
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.