Is There Something I Should Know?

Wow - to disclose or not to disclose.........what are your thoughts? Interesting article following regarding state laws and disclosure regarding violent crimes, haunted houses and your new homes history.....

A family in Central Florida is outraged that they were kept in the dark about their new house's dark secret: A triple murder and suicide happened within the four walls they'd just begun to call home.

John and Kathy Johnson and their 24-year-old daughter Christina were horrified to learn that their bucolic Lake County ranch home was the scene of such a bloody crime — and worse, that the realtor and seller kept quiet about the grisly homicide.

But on May 5, when the Johnsons moved into the Greenbrier Street residence, a neighbor mentioned that local police Cpl. Michael Mount of Eustis, Fla., gunned down his estranged wife Kim, fellow cop Joe Gomez and Gomez' wife Serena in a jealous rage in February 2006, according to The Orlando Sentinel.

He then shot and killed himself. The crimes took place in what was then the Gomez family's house. A minor in the family inherited the property. "There was no way we could ever stay here," Christina Johnson told the Sentinel as she stood in the master bedroom, where three of the four victims perished. "It would be like living in a morgue."

Her mother, Kathy Johnson, said the family thought about staying in the home, but after finding out what had happened, they were scared to death and felt fearful whenever they were inside.
"We couldn't live with someone dying in the house," she said in a telephone interview with FOXNews.com. The house cost the Johnsons $227,000, but a Florida state law — one they want amended — allows real estate companies to withhold information about their properties' unsavory pasts, including homicides, suicides or deaths that occurred on the premises.
The fact that realtors are required to tell prospective homeowners about problems like leaky faucets but not about violent crimes and deaths that happened in the houses they're showing stuns Kathy Johnson. "They don't have to reveal that three people died and a person committed suicide in the home," she said.

Larry Beard, the owner of Beard Pippin Properties Inc. — who sold the Johnsons the house — told FOXNews.com that his real estate agency was not allowed to disclose information regarding the murders because of the Florida law.

Instead, a court-appointed personal representative for the estate of the former homeowner — a minor in the Gomez family — obtained an order preventing details of the murders from being revealed to potential buyers when the house was on the market, according to Beard.
The Johnsons told their realtor they wanted to put the home back up for sale May 7, and Beard said someone is interested in buying the property.
But the Johnsons will lose money because they have to sell the house for less than they bought it for, according to Kathy Johnson.

Beard said that he keeps in touch with the Johnson family almost daily, and the two sides are not on bad terms. He wishes he could have told them about the tragedy before they bought the ranch house, he said.

"We feel like we should fully disclose everything," Beard said. "It's the right thing to do."
FOX News' Catherine Donaldson-Evans and Audrey Bright contributed to this report.

So, what do you think? Do you know what the North Carolina law is? Does your prefessional representative know?

Holy Certification Batman.....Stop The Presses!

Hi all! Just wanted to update you on some of my continuing education and certifications. Currently, I am a member of ICREA (International Consortium of Real Estate Associations). What does that mean? Well, I can now assist you with acquiring international property. That's right, The Pink Oyster has gone global! Look out world!

I am very excited to announce that my certification allowing me to be a TRC (Transnational Referral Certified) is pending. Following is a list of countries that I will be able to assist you in:

• Argentina,
• Australia,
• Brazil,
• Canada,
• Costa Rica,
• Czech Republic,
• Denmark,
• Finland,
• France,
• Greece,
• India,
• Ireland,
• Italy,
• Mexico,
• Netherlands,
• New Zealand,
• Norway,
• Panama,
• Poland,
• Portugal,
• Russia,
• Spain,
• Sweden,
• United Kingdom,
• United States
• Venezuela

Stay tuned for more......now, how do you say "Happy Shucking" in Portuguese? Anyone, anyone?

Everybody Wants To Rule The World......

It's easy to assume that negotiating is adversarial. You, the buyer, are on one side -- the side that wants to buy a property for the lowest price possible. The opposition on the other side is the seller who wants to sell for the highest price possible. You're locked in a tug of war to see which side will win.

Let's flip this thinking and instead of a tug-of-war let's look at this as a problem-solving opportunity. Here are several ways that may help you reverse your thinking and see things from the opposite side.

1. PATIENCE! If you think an asking price is too high to start - wait. The sellers may be testing the waters. This is most likely if the home was purchased in recent years and a profit from the sale is not on the event horizon. The strategy is to make an offer JUST BEFORE the sellers lower their price. If you wait until they lower the price you may end up paying more if other buyers suddenly become interested. How do you know that they are ready to lower their price? Ask your Realtor to speak with their agent to express "interest". Don't be bashful about expressing your interest - you may just receive a call when the sellers want to see an offer from you.
2. Be reasonable! When you make an initial offer and there is no competition from other buyers your initial price should leave room to move up in price. However, it should not be so low in price that the sellers are insulted and do not respond at all. It also may give the sellers the impression that you can't afford any more than that initial offer and they feel that there is no need for a counter offer. Keep in mind - this initial offer is to start the ball rolling. This is where you want to open up a dialogue and start the problem solving process.
3. Don't get so caught up in price that you overlook other consensus building opportunities. Brainstorm with your agent other avenues that you may have to accommodate the seller. Yes, I said "accommodate the seller". Do they need to close quickly? If so, they may give more on price if the closing is sooner. If you get close on price, offer to split the difference to seal the deal.

Just remember, there are many ways to look at the process. Price is just one of many motivating factors. EVERYTHING IS NEGOTIABLE! When you enlist the help of a true-blue, professional agent they will be able to help you brainstorm and make your offer the most attractive! A buyer's agent can be an invaluable tool!

Happy Shucking...............

The future's so bright, I gotta wear shades.....

Well, well, well. Here is a New Flash that has just come out today. Yes, my faithful followers, you may be hearing it here for the first time. To quote just a bit from the article:

....."Because commission fees "do not tend to vary in proportion to changing home prices," they are considered to be "relatively inflexible," the report states, and the agencies recommend that regulators pursue a detailed study of commission rate and fee practices to better measure price competition in the industry.".....

and, in addition,

....."Some consumers may not be aware of the range of alternatives available to them when hiring a real estate broker, including the types of business models available and the negotiability of fees, for both home buyers and sellers, and/or may not understand the duties owed by their broker." The information could help enhance competition, according to the recommendations.".....

Once you read the full report it may become a little clearer. To paraphrase, the article is basically suggesting that Real Estate professionals are not flexible in their real estate commissions. It also suggests that while the price of individual homes may be different that the majority of Real Estate professionals maintain the same level of commission. Bear with me a moment......I may take a lot of heat for this and I look forward to the debate.

Selling a home that is priced in the median range is much, much different than selling a high end home say $1mil and up. Your clients, your sellers, your market and your advertising methods are vastly different. Liken a home that is in the millions to a Lamborghini. The maintenance on the home is tantamount to that of the maintenance of the Lamborghini. You don't pay just $29.95 for an oil change and have the tires rotated every so often. Your marketing efforts are now shifted to a different set of principals altogether. No longer can you rely on the tried and true methods of MLS, print advertising, mass mailings and networking. Your target market of buyers has been drastically reduced! So, yes, my commission should stay the same for a home priced over $1mil as it is for a home say in the $300's. Not only do I expend efforts along the mainstream, I am continually seeking new and creative ways to seek out those that would prefer not to be sought. I spend my days dreaming up ways to reach those that may not even know that they are ready to purchase a Lamborghini.

On the flip side of the issue......something that many of you may not know about me......I come from a Limited Service background. Yes, I do. While in Charlotte I was Vice President of a wonderful Limited Service company that offered a tiered commission structure. I thought it was wonderful. I still do! I bring that philosophy with me still today. There are always people that want to keep control and that's okay! I personally, (yes, personally as in my own opinion!) believe that there are companies out there for everyone. As I previously enlightened you with the "Working With Real Estate Agents" series this is no different. You MUST interview an agent(s). Don't rely so much on the company name as you do the agent themselves. You have got to find out what their individual business model is. What are they going to do for you? Compare their services to those of others that you interview.

I enjoy the competition from the other companies whether full service, limited service or just a listing company. It gives me the opportunity to relentlessly fine-tune my skills and affirm that for those seeking a true professional, "the future's so bright, I gotta wear shades!"......

I would welcome any questions and/or comments regarding the article. Tell me what you think!

Until high tide..........

Happy Shucking...............