Forever trying to come up with innovative and out of the box marketing ideas, I sat on this one for some time. Since Kansas has disposed of the old inducements law, I am now free to offer something to my clients to show my appreciation.
Missouri is still stuck in the mud with outdated rules, but thankfully I have the privilege of working in both Kansas and Missouri.
I first called the instructor at the real estate school where I take my CE classes. Brad Barker informed
me he was 99% sure that offering a horse or most any other chattel was OK with the KREC, he also suggested I ask them. So I timidly called the guys in the Capital City and posed a question: Can I offer a horse to a buyer if they close on the deal?
I expected either a stiff "no" or a "sure you can"; what I got was silence. Seems it had to go before the board to be decided. In the mean time I set about deciding what horse I might offer. I asked my wife if we could cut one from the remuda and offer it as an advertising promotion.
My wife is rather fond of her stock and doesn't see them as chattel the way I do. But I built her a website for her "horse business" and in the three years it has been up I don't think she has ever looked at it. So I parked some AdSense ads there for income. Since the horse market crashed even before the real estate market, I have been looking for a way to thin the heard.
Finally after a few weeks I received a letter of confirmation from the KREC, they had decided that offering a horse (or other chattel) was perfectly legal. They did express concern about civil liabilities though so I talked to my Kansas Real Estate Attorney. She discussed it with some other lawyer types and thought I should have a disclaimer.
Her disclaimer was short and sweet:
DISCLAIMER: THE HORSE IS A GIFT. IT IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL TURN KEY PROPERTIES OR ITS AGENTS OR OFFICERS BE LIABILE FOR ANY DAMAGES WHATSOEVER AFTER THE DATE OF THE GIFT.
Mine was a bit longer; In fact it required an entire web page: Free horse, disclaimer .
So off I go to get those listings! I may even offer a free horse if you buy the car wash in KS I have for sale.
I do work with equestrian property in Missouri and Kansas, so this may be a way to get noticed!
D. Ben Edsall
Broker - Accredited Residential Manager
Turn-Key Properties LLC
7312 E 67th St.
Kansas City, Mo 64133
816-313-8876
www.turnkeyproperties.org
www.batescountyrealestate.com
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Ben, I have to admit I love your disclosure much better than the attorney's. I sure hope you did not pay too much of a legal fee for it. Actually, I hope you paid by the word on that one as it is short compared to yours. I got a laugh about a free horse with the car wash, then I realized you were also selling the car wash... post and let us know how many takers you get.