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SEMINARS WORTH GOLD.........MISCELLANEOUS NOTES SHARED PART 4

By
Real Estate Broker/Owner with people first...then business Ran Right Realty 636943 licensed to thrill

I attended two seminars this week. It is just a way of keeping current and picking up a pearl here or there in the business. There is so much to learn, practice, share and pursue. Here are some notes in random order.......

  • Now more than ever, Real Estate agents are needed to navigate through the barrage of obstacles people are going through now-a-days. Divorces, marriages, births & deaths, job losses and gains, financial losses and gains, retirement or promotions, empty nestors or first time buyers all may necessitate the service of an AGENT sooner or later.
  • VISIT......http://www.occ.gov/ to report banks that are misbehaving and get fresh data on foreclosures.
  • Mine or tap into your own SPHERE OF INFLUENCE.....consisting of your family, friends of your children, neighbors, members of church, merchants you deal with, barber or hair stylist etc. You refer them and they refer you.
  • Sellers still want to know....1). time on market 2). pricing 3). net proceeds 4). marketing & ads 5). your qualifications 6). what it will take to sell.

TDS (transfer disclosure statement) and AVID (agents visual inspection disclosure)

  • RISK MANAGEMENT...fail to navigate through this successfully and you will learn the basic rule of going to court...IF YOU LOSE A CASE YOU LOSE...IF YOU WIN A CASE YOU LOSE
  • disclosure.......buyers who are not informed but instead surprised later on........ usually sue.
  • when disclosing, just point things out. No need to explain.
  • choose words carefully. No guessing or predictions
  • don't name the source of the problem....not every stain is a water stain, or every crack a settling problem. Just list stain, crack or leak.
  • never say you agree with the sellers disclosure statement. Always do your own.
  • your seller may be out of town, not speak English, or have a handicap. Let someone other than you help them fill it out.
  • recommending an inspection does not relieve an agents part in the inspecting process.
  • always make an observation for every part of the home. It is a way of saying you did inspect every part.
  • both buying and selling agents should do an inspection and use the mandated forms
  • do not use generic terms such as normal wear & tear and "fair condition".
  • most of us have never been confronted or held accountable for failing to disclose improperly. An aggressive attorney will tear you apart.
  • all this paperwork an agent is required to fill out resulted from many people being sued over the words on the page. Think court....when filling these out.
  • liability in business transactions must be avoided, reduced or transferred.
  • always defer to a qualified specialist when dealing out of your (inspection) area.
  • if there is a death on a property,you have to disclose it for at least 3 years.
  • famous properties or famous people who lived in them must be disclosed.
  • If Ghosts, unexplained noises or phenomenon exist, disclose them as you know them or have heard.
  • courts are holding agents accountable who use the word expert......as in short sale, neighborhood, senior etc.
  • When counting cracks......just say cracks. If you say 6 and there are 7, you bought the 7th crack.
  • watch your advertising....choose your words. Every word said is used against you later on. Use words that do not promote arguments.
  • watch your own qualifications. Makes you accountable. You may be just a little bit dangerous.
  • avoid saying.....quiet, safe, flat lot, quality construction, good investment, ready for pool, room to expand, built to code, etc.
Chris Wechner
CW Health Inc - Waterford, MI

It seems like you have a lot of experience with the courts and the legal system, Richie.

Did you get your background anywhere else besides visiting the courtroom to observe cases?

Apr 23, 2010 10:13 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Chris...I was just thinking of you....amazing isn't it? I have 25-30 years and counting of courtroom experience. My very first job was doing Unlawful Detainers for a multi-millionaire who did them himself. He trained me in and said, this will save the company money and give you an education. Learn it. However, if you mess up, it comes out of your bonus at the end of the year.  I had incentives to learn. I also had to represent the company in all small claims actions. I am able to boast that I have only lost two cases over a 15 year period and I learned from those. While waiting for my cases to be called, I listened to everyone elses woes......on everything you can imagine. I made notes, asked a lot of questions and learned a lot. Chris...I learned to recognize in real life where things would end up if they went to court. I never had to bluff....I knew. I have heard so many rulings that I could have been a Judge pro-tem. I have helped quite a few people that were in trouble in the courts (civil, small claims, criminal, family law  & bankruptcy) and I also learned as I was helping them. You could say I was helping myself too. From there, I grew fascinated with the judicial system. I also volunteered to do inmate counseling which gave me insights to the prisons and their systems. I also volunteered as a rape counselor in a small city for two years advancing farther into extra-ordinary learning experiences. It continues to this day...Chris...why do you ask?

Apr 23, 2010 10:29 AM
Chris Wechner
CW Health Inc - Waterford, MI

Hi, Richie...Thanks for thinking of me. 8-D

I asked this, because it seems like you write about the courts or make reference to them more often than most people on here.

I also noticed that your posts usually attract a lot of comments, but your legally oriented posts do not, even when they are jam packed with information.  So I suspected that it was something that held your interest, if not delivered some of your passion.

It seems like you're a lawyer but not really.  (I don't know very much about the legal system.)  It sounds impressive that you've lost only two cases over a 15-year period--I'm assuming that you've handled more than two cases. ;-)

Counseling prisoners and rape (victims?) had to be tremendously interesting yet absolutely horrifying.  I imagine that you have an incredibly high tolerance for shock value after those experiences.

Mostly, it seems like your legal background allows you a form of intellectual self-defense.  It's a way of telling someone, "You can punch me in the nose, but I don't suggest it, even though I'm smaller than you.  I'm more physically peaceful but more legally lethal."

Apr 28, 2010 01:49 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Chris...I find you a fascinating individual via your comments. I say this because you make statements that make sense and have depth. I encourage this behavior.

1. The courts are where everything ends up......everything. Think about that statement. The reason people do not flock toward it is out of fear and indifference. Even the courts repel you to stay away until you are summoned to go...for whatever reason. I cannot imagine going through life without knowing the working legal knowledge of our system and how it applies to our every day lives.

2. Not a lawyer...I got more accomplished this way then if I had to play by the established rules. I am laughing at your 2 cases reference. I have heard thousands...and have had hundreds no problem.

3. The training they put me through for counseling was not able to shock or move me...thus a natural thick, but caring skin is at work. Chirs...to see human suffering up close knaws at your inner parts. It makes you stop complaining and take a look at your self......very painful to see. I reccomend it.

4. Your last comment is very insightful and meaningful. It is as you say...but I will give you more.....my demeanor is such that it communicates that message automatically and without effort. You see...... a persons environment shapes their character....so I have a friendly, loyal, caring, rule playing, just and determined side to me with underlying reality, no-nonsense or games presence. It makes for an interesting journey......Thank you Chris...

 

Apr 28, 2010 09:24 AM