Real Estate Agent's wear many, many, many…many hats.
As and Short Sale or REO Agent we MUST be efficient at managing several properties at a time and making sure that those properties are being maintained property. Within the last two years, Real Estate Agents and Firms have received a bad rep for not taking care of the properties. Even Agents, who put their best foot forward to convince Asset Managers and Lenders to give more allowance to get repairs done and keep the property in good condition. Unfortunately, agents weren’t always getting the support that was needed to keep property in the recommended condition. It is imperative that agents pay special attention to the properties they are managing so they do not remain or become a Public Nuisance.
The Modesto Municipal Code defines a public nuisance as: A public nuisance consists of doing any act, or permitting or allowing any condition or thing to exist, occur, or accumulate upon any property within the City that is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and endangers the health or safety of others. (Added by Ord. 3106-C.S., § 2, effective 12-3-98)
Vacant, abandoned, and unkept properties:
- Attract transients (squatter) and criminals, including drug dealers and abusers become a danger to children.
- Become a dumpers dream. Dumpers will use grounds for dumping furniture, tires, garbage, junk, and debris that can become overgrown with weeds and vegetation; Thus, increasing the risk of fire for the building and adjacent properties
- Attract vandals, encourage graffiti, and disrupt economic development (disrupting neighborhood stability and slowing appreciation of property values).
- Deny neighboring property owners and residents full use and enjoyment of their property.
Failure to maintain the property will constitute a violation of Code and a public nuisance. The maximum fine for a code violation is $2,500 (amount varies depending on violation) per violation for each for each day during which the person maintaining the property continues to allow the property to go uncared for.
Real Estate Agents/Brokers are required to:
- Comply with all laws and codes, including zoning historic preservation, housing, and building codes.
- Monitor, maintain, and inform the Asset Manager of any changes in the property and take proper action immediately.
- Place a notice on the property containing contact information (must be for both business and non-business hours, 24 hours a day, 7 days a week), so if anything occurs regarding the property, you can be contacted in a timely manner.
- Contact the city’s Neighborhood Preservation Unit (City of Modesto) or Preservation Services Department.
If you received a violation but need additional time to correct the violation contact the Code Enforcement Officer (if HOA, contact person on the violation), who issued the citation and make arrangements for the extension.
If a buyer is willing to accept the property “As-Is”, the City may be willing to clear the title (depending on the violation), if buyer signs a “Stipulation Agreement” that acknowledges the violations and agrees to the City’s conditions to bring them into compliance. There typically is a charge to get the Stipulation Agreement through the City, this can take at least 10 days to receive.
Report ALL in-process emergencies like a fire, break-in, or vandalism through 9-1-1 immediately. Contact the police department if incident was discovered after it already happened and be sure to communicate violation to the seller and/or Asset Manager.
How well you maintain your properties can utimately determine your faith in being successful in this market. So, put on your PRESERVATION & MANAGEMENT hat on and do your due diligence in maintaing your client's property.
