Chris Faircloth

What is procuring cause?

Procuring cause is the chain of events that ultimately caused the buyer to purchase or the agent or broker who, by their actions in producing a buyer, brought about the sale of a property.

So goes the story.

An agent (Listing Agent A) had an agreement with said builder, where because the agent brouth them the land, the agent (Listing Agent A) was the listing agent on listings that resulted after the subdivision of said land.

Said Builder, only listed the first listing with (Listing Agent A). After several showings of the listing, the feedback was the same, the floor plan made it difficult to place furniture. The builder had begun building a second home, whereas the floor plan was adjusted, to make a more desirable layout.

A buyer's agent (Buyer Agent A) showing the first and only "listed" property, had a buyer interested in it, however, ended up writing an offer on another property. (Listing Agent A) follows up with (Buyer Agent A) on several occasions for feedback, to inform them of possible price reduction, then to give (Buyer Agent A) the reduced price and encourage (Buyer Agent A) to bring the buyer or other buyers back. Shortly after reducing the price (Listing Agent A) receives an offer on the first and only listed property. A day or two later (Buyer Agent A) calls and says they have a buyer, but noticed the only listed property is now under contract. (Buyer Agent A) also asks if the home next door was listed yet, and if it was available, if so, what's the price? (Listing Agent A) contacts Builder to inquire about listing the 2nd property. (Listing Agent A) asks if he was ready to sell house currently under construction and if so, what price? Days go by before the Builder responds to (Listing Agent A) questions. The Builder replies "I will be listing the 2nd home with my , if you bring me a buyer before I list it, I'll compensate you for the sale."

The question is:

Does (Listing Agent A) have procuring cause if (Buyer Agent A) writes a contract with Builder's new listing agent since (Listing Agent A) has been working to get (Buyer Agent A) back to the site?

What's your take?

I've come to realize that "divas" and "driveways" don't mix.

One of the most challenging situations that can be faced is dealing with a "diva / prima donna" as a neighbor. Diva or Prima Donna by today's definition are one who behaves as a goddess or queen. Both the terms "diva" and "prima donna" are now used disparagingly for someone who acts overly entitled. The last thing we want to do when we return home is to have our lives intruded upon by thoughtless a neighbor. The golden rule states we should do unto others as we would have them do unto us; however it also says to turn the other cheek. At first we attempted to "turn the other cheek" which only seemed to prolong the misery. One month after they moved in,(note they've only been here for 2 months) one of their guests hit my husband's car. Of course the guest was using another owners spot and should have been parked on the street like everyone else. Another time I was blocked into my garage as they couldn't park within the spot assigned to them. I've been blocked from pulling into my garage as well. We've made attempts to be kind and give grace, we've explained how their actions are affecting our ability to enter and exit our property. We've had a "heart to heart", which didn't last more than 24 hours. We just ask them to move their vehicles when they are in the way. Has anyone else ever dealt with a neighbor who believe they are "overly entitled"? We're struggling, as I see it my legal right to enter the property is being infringed upon. Nothing to date has worked.

So I ask you, what do we do?

When I was 22 I bought my first house. I can recall being very stressed about having enough money for all the costs associated with buying a home. I also remember, everyone telling me we "had to" purchase owner's title insurance. My agent at the time told me it was optional, and to be honest had no intention of shelling out more cash for something that was clearly not mandatory. Well, after several long debates, they wore me down and I purchased the "optional" owner's title insurance, but let me say I was NOT happy about it. Years later I went into real estate and realized how very important this "optional" owner's title insurance really was. Clients ask me all the time about it, so... here it goes.

When you buy real estate it's important to know whether there are judgements against the former owner, whether they were married, single or divorced, if taxes have been paid, etc. Title insurance serves to indemnify you (the new buyer) against losses occuring through defects in the title. Typically a title examination is done to investigate the chain of title. If the title is insurable, the title company guarantees against loss due to defects in title not listed in the policy. This guarantee (title policy) normally pays expenses associated with any lawsuit which questions the title.

When I was forced, (by family) to purchase my policy years back, my question was: "If they do a title search every time the property is sold, why do we keep checking?" I was told "people are human and make mistakes when performing the title search and when indexing these details. Basically, CYA."

A few issues covered by standard policies would be: defective recording of docuemnts, liens not disclosed, pre-policy fraud, mechanics liens, and many more.

When you buy a home, our consumer disclosures make reference to lenders & owner's title policies. Lenders require a policy to protect the lenders interest in their investment known as your home, don't you think you should protect your interests as well?

Walking a tightrope seems like an impossible feat. What's it take to make it to the other side?

The ability to overcome fear - A great acronym for fear is False Evidence Appearing Real. First make a plan to accomplish your task, walking the tight rope, climbing that mountain, landing that big account. Dream big and create small incremental action steps. Create an action plans that outlines your monthly goals, then break them down into weekly goals and again into daily tasks.

Step out of your comfort zone- The most growth happens when you take a leap into the unknown. Don't confuse this with jumping off your tightrope either. Identify your weaknesses, and make a decision to strengthen those areas of your life. Expand your horizons and feel rewarded.

Work to improve your skills- Try to schedule time every week to learn or practice. Think of practice, as maintenance. You have your car maintenance done to ensure that it works properly, so why wouldn't you consider mastering the skills necessary to generate success.

Focus on your target - Life is a process, not an event. Long-term focus and planning is more about understanding the impact of short-term decisions than about long term decisions themselves. Maintain reasonable expectations. As Tony Robbins said "One reason so few of us achieve what we truly want is that we never direct our focus; we never concentrate our power. Most people dabble their way through life, never deciding to master anything in particular."

Slowly and consistently move forward- Success is different to each individual. Don't be surprised if you receive resistance to your goals. Better yet, expect it, shrug it off and keep moving.

See you on the other side.

I was shocked to find out that I have a very small window in which to obtain certification by the EPA for lead based paint. I'm not an inspector? The deadline ladies and gents is April 22, 2010. As I read up on this new regulation and was made painfully aware that the liquidated damages for non-compliance was $37,000.00 a day! This is very serious as agents, brokers, property managers and contractors are now required to get this certification if they deal with or manage homes built prior to 1978. The following is a 17 minute video about the requirements and how they affect you.

CLICK HERE FOR VIDEO

Information for Realtors and Property Management Firms

Realtors and property managers should make themselves aware of the requirements in the Lead Renovation, Repair and Painting (RRP) Rule. EPA is working closely with the National Association of Realtors to make realtors and property managers aware of the hazards of lead paint poisoning and ways to prevent it, and the association has developed a series of guidance videos aimed at realtors and property managers:

· View the National Association of Realtors lead paint renovation rule compliance guide overview

· View the National Association of Realtors lead renovation rule guide for real estate agents and brokers

· View the National Association of Realtors frequently asked questions for realtors

• View the National Association of Realtors lead renovation rule guide for property managers

Under the rule, beginning in April 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and must follow specific work practices to prevent lead contamination. CLICK HERE for a complete outline of the EPA's new requirements.

To become certified, property owners must submit an application for firm certification (PDF) (9 pp, 642K) and fee payment to EPA. EPA will begin processing applications on October 22, 2009. The Agency has up to 90 days after receiving a complete request for certification to approve or disapprove the application.