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Don't touch my Junk - Whatever Happened to the 4th Amendment?

Real Estate Broker/Owner with UNcommon Homes

The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution.

Everyday we give more - totalitarian control - to the government.  Every right we forfeit brings us that much closer to Draconian rule and Orwellian life.

Just say no to the TSA.

Who is John Galt?

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You’ve sold the home.  You got the price your sellers wanted.  Now what?  The appraiser calls, don’t panic, you’re prepared – or are you?

Here are a few tips for you to assist the appraiser and ensure a smooth path to closing.

Make every effort to be available to the appraiser for the requested inspection date or make sure he has convenient access.

If you attend the inspection do not distract the appraiser during the inspection.

Advise the appraiser of all the homes, you, your office and competitors have sold in the neighborhood.  Let him know YOU are the expert in the neighborhood [even if your not].

Appraisers want statistics and FACTS regarding values, amenities, neighborhood and market area data.  Provide a highlight sheet of all pertinent patent and latent information about the house, i.e. furnace updated, roof replaced, electric upgraded etc…

Provide the sales contract with all addenda and agreements.  Appraisers must consider ALL value-influencing factors.  Undisclosed terms or conditions could adversely influence the reliability of the appraisal report.

Provide a copy of the current deed.  The appraiser needs to know the exact legal description, how title is held and any encumbrances, restrictions, covenants and easements that may affect value.

Providing a site drawing with location and house dimensions is also very useful.  With the site plan, the appraiser can confirm the legal description, lot size, location in or near flood zones and the square footage of the dwelling.

Provide a recent tax bill.  Again, this document will corroborate the legal description, states the annual taxes and occasionally provides the site size.

Provide the appraiser at least three relevant sales – don’t just give him the highest sales you can find.  Remember, he has access to all the data and can corroborate whatever you give him.  If your sales aren’t relevant you lose credibility and the appraiser may not rely on your expertise.  Try to find relevant sales less than 90 days old; you can still supply sales up to six months old.  You should also provide any pending sales and several active listings.  Sold, Pending and Active listings are ALL valuable tools to the experienced appraiser.

Any other information you have floor plans, condominium documents, local developer plans, home inspection reports etc…  all help the appraiser reach accurate conclusions and enhances the opinion of value.

Brenda Busch
Morris Real Estate - Bridgewater, MA

This is a great blog.  It seems that we, as Realtors have to be able to cover all aspects of the sale right now in order to make the sale go through.  We can not depend on appraisers to give out a valid appraisal of the property that is for sale.  I have run into too many problems with them lately and it is mostly due to the fact that the appraiser that is sent out, is not familiar with the area that the home is in.

Nov 21, 2010 01:05 AM
Bill Travis
Captain Bill Realty, LLC - Gilbert, AZ

You have two subjects on this post, and I'll comment on one.

Don't touch my junk is absolutely nuts ( no pun intended)

If he, or anyone else doesn't want to be searched, then they should not fly. They have an option. They should have fined him for backing out of security.

I hope they do fine anyone else who decides to tie up our system and cost the airline industry money in this poor economy, and inconvenience millons of passengers who are trying to get to their destinations safely.

Many of my fellow Pan Am crew members and friends were killed on the Lockerbie flight, and the next day I had to fly the same route out of London. None of our crew could even talk until we were in the air for about 2 hours and felt "probably" safe.

The terrorists have gotten more and more sophisticated each year and they are determined to bring down another US plane. If TSA has to touch my stuff in order to prevent some terrorists from hiding a plastic bomb in his crotch, then I'm all for it.

Is not touching my junk worth possibly dying over? I dont' think so.

If they want me to take off my pants, squat, spread em and cough, and that will help prevent a terrorist from blowing up the plane I'm on, I'll do it.

Do I like the idea of having to have these security precautions?

I hate it.

Even without the recent search changes, it's a pain taking off jackets, belts, shoes, computers out of bags, etc, and then having to put them back on.

But I realize it's for my safety, so when I travel I get there early enough to have plenty of time to get through security. That way I can relax and don't get excited about it.





Nov 21, 2010 02:15 AM