Dedra Lipscomb Daphne and Fairhope, AL Real Estate

These are the kinds of news stories that truly make me ill. The article that appears online today says that two Gulf Coast families have lost nearly a combined total of a million dollars. They are victims of a lottery scam and at least one of the scammers has been arrested. But, he is a member of a larger ring of scam operators connected at least so far to Jamaica. And these stories are not at all uncommon.

We've joked about the emails we receive from here on occasion, and by now I think every single one of us knows that those lottery emails are either phishing or outright fraud. Most of them are generated from Nigeria. And since they continue to come, they must, at least in part, be working.

So I have to ask, how on earth do they continue to work. Are we as a nation so desperate for money that we will fall (still, and after having heard of these scams for years) for the you've won a bazillion, gazillion dollars and all you have to do is send the following information to me. Then you have to pay wire transfer fees, and taxes and it continues until the "mark" is totally broken. Bankrupt. Life savings gone.

I still fret about this one. About a month ago, I needed something at the customer service desk at one of my local supermarkets. As it happens, there was a nice lady at the counter just ahead of me who was sending money via wire transfer - Western Union. I could hear the conversation between the clerk and the customer, and the clerk was trying to locate the name of the recipient in her computer, as this was not the first time funds were being wired to this individual from this lady. It was a quiet Saturday afternoon, and I clearly heard the name, and my attention was then focused on this transaction. I knew it was bad manners to listen in, but the whole time I listened, I knew this was probably someone being taken by a scam. The name was oddly foreign. First red flag. The country was Nigeria. Second, third, fourth and fifth red flags. The amount being wired was ten thousand dollars. That's right. 10k. Ten Thousand. $10,000.00.

Now I know looks can be deceiving, but this lovely lady did not look or act like or dress or speak like someone who should be shelling out 10K to anyone in Nigeria. And with all the red flags going off, I kept getting stronger feelings that this particular lady was most likely being taken advantage of.

But, manners dictated that I should not interfere. It was not my business to butt in and ask her anything about what she was doing. So, I remained quiet. The funds were sent. And then it was my turn. I couldn't help but ask the clerk, if she knew why the lady was sending money like that to Nigeria. And the clerk's response was, "I don't know, but she does it a lot. I don't ask her why she's sending it. I just send it for her."

I left it alone, and I didn't butt in. And I will never forget that afternoon. Could I, should I have said something to try and save this lady? I didn't. Dis she need saving? I don't know, nor will I ever know, unless in subsequent news stories she and her face appear talking about the hundreds of thousand of dollars she was bilked out of. If she does, I will always wonder if I could have helped.

These stories make me sick. It could have easily been my mother, as in the early stages of her Alzheimer's disease, she sent money all over the place. She was so confused that when she received solicitations for donations, she thought they were bills she needed to pay. Gosh there were lots of donations sent out by her in that first year that she was still living on her own and before we stepped in to take over some of her life tasks.

She did not have a computer. And I thank our lucky stars for that. But I am grieved for those who don't understand that these emails are fraudulent and who spend their nest eggs in hope of a fortune. It happened here. It happens everywhere. And it really makes me sick.

What a lovely cottage located on approximately 1.9 acres. This cottage is a rare find in Silverhill, and has been updated and cared for meticulously by its owners. Once inside you will find two full bedrooms, two baths, a sleeping loft, den and garden room with dining area.

Dressed up like a storybook cottage

Warm den with a pot bellied stove and split brick floors

Lovely, roomy updated kitchen

Beautiful land, a lovely escape from the world

This home is located on a dead end street, almost at the end. There is quiet and serenity awaiting you here in this little cottage paradise.

Busy, busy, busy, that's where. I have had tons of Real Estate work to do since my return from the field trip early this month. And on the way home, I picked up my new little foster family. Since they are growing, I am beginning to have some extra moments, once again, so I though this would be a good time to introduce them to the world. They have taken all and then some, of my mornings, lunches and evenings, but they are well worth it. They are rescue kittens with their mother, who is a very, very good mother. For at least four weeks, I walked with her saying, "Please take me to the babies. Please show me the babies. Where are those babies?" And then, she brought us the babies.

Without further ado, meet Angel-Baby, who finally, finally brought her babies to us to care for.

What a sweet cat this is. She is calm and quiet, and grateful. She loves her new digs.

This is Crinkle on the left and Silverado on the right. Sweet kittens, they are, but are afraid of real quick movements, still. They are getting there. Just this morning Silverado climbed my leg...granted she was after a little green mouse I was holding, but still - progress is progress. Crinkle, well Crinkle is a big boy, but a scaredy cat. All that girth and no...., well, backbone. Yes, that's it, backbone. He's coming around.

This is E.F. Kitten. Because, when E.F. Kitten talks, everybody listens. Most likely to get into trouble. Most likely to cuddle up to me, too.

And finally, we have Piper. What an adorable little minx Piper is. Piper is most likely to find the teeniest, tiniest hiding place in the world.

Even though, given my druthers, I would not encounter kitty litter first thing in the morning, it has been such a heartwarming adventure to foster this precious family. Now that they are older, I am beginning to have more spare time, more time to come home to Active Rain.

And I know, I owe you all pictures of DeSoto Falls. I'm getting there. In the meantime, between Real Estate and fostering, my times is still a little limited. (See above!)

So Saturday morning, we left Birmingham for Gadsden, Alabama, in search of an early morning stop to watch the Alabama Football game with an 11:30(ish) kickoff. We found a delightful eatery in downtown Gadsden, with no less than 10 television screens, and a great menu. Lunch, football and a great crowd at Jefferson's, right smack dab in the middle of Historic Downtown Gadsden. We were pleasantly surprised to find this gem of a town, as neither of us had been anywhere near Gadsden in 30 years or more. We left there about midway through the 3rd quarter, as we had serious sightseeing to do.

We headed northwest toward Guntersville, one of our true destinations on this field trip. Then we drove the western edge of the Lake to Scottsboro. We didn't spend a lot of time, as this was truly a road trip/field trip, so I have some photos, but not nearly as many as I will have when we go back. And go back to spend time, we will. The Guntersville/Gadsden areas are a surprisingly scenic destination, with so many leisure and cultural activities to choose from, it is definitely worth a visit.

Enjoy these photos of the Guntersville Lake area.

From the town's edge looking east

Homes and boathouses on the eastern shore of the lake

Sailboats in the distance

The bridge heading north on the road which we will travel to Scottsboro before turning east again.

We found these lots for sale on a small cul-de-sac of six lots which overlook the North end of the lake and the Tennessee River. This really must be the very best view on the entire eastern shore of the Lake. Notice the stones just under the soil. I don't what kind of rock this is, but it is everywhere.

Breathtaking. Truly. Looking southwest.

Looking West.

Looking northwest.

Large stones at the edge of the land overlook the river and the lake. There is a tugboat and barge coming up the river.

Just a spectacular drive and views are breathtaking at every turn. Next up - Desoto Falls.

Many times, consumers get confused when they call to see a house, and all they want to do is see the house, When an Agent shows up with a piece of paper explaining Agency Laws and Consumer choices in the matter, they will often balk, and refuse to sign anything. There is a difference between the RECAD Form and an Agency Agreement, and it pays to know the difference. Generally, the RECAD Form is nothing more than an acknowledgment that the Agent informed the Consumer of the Agency Laws in the State of Alabama, and it will be in the RECAD file when the Real Estate Commission comes calling to do an audit. All agents are required by law to do this first, even if the Consumer never becomes a client. They remain a customer until such time as Agency is established. The differences between customer and clients relations is for another day.

The State of Alabama requires Agents showing property, listing property for sale, or representing a buyer in a transaction, to explain Real Estate Agency to all parties involved. While it is not required to agree to or sign any type of agency relationship document at this point, there is a document that should be signed once the Agency rules are explained. For simplicity's sake, most of us refer to this as RECAD - Real Estate Consumer Agency Disclosure. This form is simply an acknowledgment that Agency was explained to the Consumer.

In Alabama there are three types of Agency relationship that an Agent and Client may enter into. Single Agency, Limited Consensual Dual Agency and Transaction Broker.

First, Single Agency means that the Agent/Brokerage Firm represents one party in a transaction. The party may be either a buyer or seller, but not both. The Agency relationship is created when the Exclusive Right To Sell a listing or a Buyer's Agency Agreement is entered into. Whether Buyer or Seller, the Agent/Brokerage Firm only represents one party to a transaction in Single Agency.

Next, is Limited Consensual Dual Agency. As it states, it is an agreement in which all parties to a transaction consent to representation by an Agent/Brokerage Firm. It is a limited agreement, because the Agent at this point is limited in the Actions he or she may perform. All fiduciary responsibilities remain the same, but other abilities of an Agent are limited at this point for both parties. For example, Buyer and Seller are negotiating the price of the property. Buyer makes an offer through the Agent, and has confided to the Agent that this is not their best offer. Agent presents the offer to the Seller, but under no circumstances is the Agent allowed to convey that this is not the potential Buyer's best offer. That confidence must be kept. The reverse is also true. As the listing Agent, there may have been a conversation about price wherein the Seller has confided to the Agent that they will accept X amount as their lowest selling price. In Limited Consensual Dual Agency, the Agent may never indicate in any way to the potential Buyer that the Seller will consider a lower offer based on the previous conversation.

Finally there is Transaction Broker. A Transaction Broker is simply a party to the transaction as a paper pusher. The Transaction Broker will often be working with For Sale By Owners to assist in the paperwork required to get a deal to closing and may be assisting in other requirement of the transaction. Often, people who have participated is lots of Real Estate Transactions prefer to do their own negotiating, but don't want to deal with the details of getting a transaction to closing. That's where a Real Estate Professional can step in and work the deal strictly from the paperwork position.

Once your Agent has explained all these Agency Relationships to you, they should have a Form ready for you to sign. All that form is is an acknowledgment that you were given an explanation of the Agency Laws. You don't have to sign it, but we are required to keep them in our files and it is nice to not have every single one say, "consumer refused to sign." If your Agent did not provide you with one, you should ask where it is. And don't be afraid to sign it.