Regina P. Brown, e-Pro Realtor®

In today's California Association of Realtors e-news update, I received an article "Seller May Be Held Liable for Partial Disclosure" which discusses a recent court case.

The POINT is that sellers should ALWAYS disclose everything that is a material fact that they know about their house. Sellers: you don't have to FIX everything that is wrong, but you must tell the Buyer about it. If it doubt, DISCLOSE!

This is one reason it's so important to use a Realtor® rather than trying to sell on your own (as a For Sale By Owner). The C.A.R. supplies great disclosure forms to its members, that can help ensure you've disclosed everything important.

Here is the article quote:

"A condo seller who discloses a defect in the property may nevertheless be required to also disclose previous lawsuits regarding that defect. That was the decision recently rendered on February 17, 2009 in the California appellate court case of Calemine v. Samuelson (171 Cal.App. 4th 153).

"In this case, Walter Samuelson owned a unit in a condominium complex which had intermittent problems with water intrusion. In 1986, the homeowners' association (HOA) sued the developer for design and construction defects. In 1992, the HOA hired a contractor to repair and waterproof the affected areas. By 1996, the HOA also sued the contractor it hired for ineffective repairs. Both lawsuits eventually settled. In 1998, the HOA hired another contractor to make repairs. The new contractor specifically informed Samuelson, as the HOA Treasurer and "point man" for the repair work, that it could only solve a portion of the problem. Samuelson's unit did not suffer from water intrusion after the 1998 repairs.

"In 2002, Samuelson entered into a contract to sell his unit. He properly disclosed on the Transfer Disclosure Statement (TDS) that he was aware of flooding, drainage or grading problems and added a notation about water intrusion during heavy rains. In a subsequent conversation, Samuelson described to the buyers the repairs made in 1998 to solve the water intrusion problem.

"Nearly three years after the close of escrow, the condominium garage flooded. It was only then that the buyers first learned of the lawsuits. The buyers sued the seller and others for negligence and misrepresentation. Samuelson claimed he didn't mention the lawsuits on the TDS because he thought he was only obligated to disclose pending actions.

"The court ruled in favor of the buyer. The court stated that once "essential facts are disclosed a seller is not under a duty to provide details that would merely serve to elaborate on the disclosed facts." However, the court added, "the evidence [in this case] revealed a triable issue of fact, as the existence of the two lawsuits was the very type of material information that a potential buyer could find seriously affected both the desirability and value of the property. Moreover, Samuelson's disclosing the repairs made by the HOA in the absence of providing information about the context in which those repairs were made could be characterized as a partial disclosure, likewise creating a triable issue."

Regina P. Brown
Broker, Realtor®, e-Pro
Author of eBook "Stop Foreclosure Fast: Solutions to Save your House"
Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"
Join my NEW group for professionals who work from their home office at http://activerain.com/groups/virtualoffice

Text copyright © 2009 R.P. Brown, All Rights Reserved

A first-time buyer couple is looking for a house to buy, and I directed them to http://www.SearchingCarlsbadCoastalHomes.com which is my Growth Leader site.

She was on the site for HOURS looking at houses and getting excited! "You have the BEST Web Site to Search for Homes!" she said, "It's so detailed."

My Growth Leader web site has an IDX feed directly from the MLS to showcase houses for sale in Encinitas, Carlsbad, Leucadia, Escondido, San Marcos, Solana Beach, Del Mar, Cardiff-by-the-Sea, and Carmel Valley.

"A lot of real estate agents have flashy web site with their photos, but what I really want to see are houses in my price range," she said.

That's my philosophy too -- give the customer what THEY want to see, not what I want to give them.

Just another Growth Leader success story!

Regina P. Brown
Broker, Realtor®, e-Pro
Author of eBook "Stop Foreclosure Fast: Solutions to Save your House"
Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"
Join & post to my NEW ActiveRain group at http://activerain.com/groups/virtualoffice

Text copyright © 2009 R.P. Brown, All Rights Reserved

What should a brokerage firm / real estate office bring to the table for its agents? As an agent, here are some of the things I would expect my broker to provide, and I would compare real estate offices to find the best offerings of the below services:

• systems - turn-key systems in place
• large-scale opportunities that agents generally wouldn't get on their own
• instructional manuals for each task
• training (ongoing & regularly scheduled) on ALL aspects of real estate including contracts and building construction
• office meetings that add value
• coaching/motivational sessions/mentoring
• large-scale contracts (secured by Broker)
• leads (based on brand name or brand web site)
• prospecting events (held on a regular basis)
• opportunity for niche areas (foreclosures, luxury, etc.)
• support of agents
• leadership role in community
• not compete with agents for their listings
• provide administrative support OR access to administrative support
• provide online tools
• provide "back office" online

Any other benefits / value that you think a brokerage should provide for their agents?

Regina P. Brown
Broker, Realtor®, e-Pro
Author of eBook "Stop Foreclosure Fast: Solutions to Save your House"
Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"
Join & post to my NEW ActiveRain group at http://activerain.com/groups/virtualoffice

Text copyright © 2009 R.P. Brown, All Rights Reserved

Today

I was invited to become a member of OzWorth, the new concept in Speed Coaching! But I wondered what I could get for FREE (since I'm on a budget)? So I checked out their web site and found their story:

"In 2001 Ozworth founder, Ryan Lee, was barely scraping by as a gym teacher. While his colleagues were watching TV or reading the newspaper in the teachers lounge during their free periods, Ryan trekked through 3 blocks of the gang-infested streets to find a local library with free Internet access. He soaked up everything he could. He invested all his time and savings in learning everything he could about marketing and self-improvement. And very quickly, things began to change.

"Within three months, he was earning more with his "part-time" income than his full-time teaching job. Within six months, he was earning a six figure part-time income and was able to leave his teaching job for good. Then 12 months later it was six figures PER MONTH. It wasn't always smooth sailing. There have been big success and even bigger setbacks too. But through it all, Ryan kept pressing on and never gave up on his dream for freedom.

"Now, Ryan is on a mission to help teach other people how to live a better life.

"He offers high-end coaching programs. In fact, he charges $1,000.00 an hour for phone coaching (and he has a six month wait list). And he runs a sold-out mastermind group where his clients pay $10,000.00 per year.

"But Ryan knows only a small percentage can afford his fees. So that's why he created Ozworth. It's his legacy - the program that will improve the lives of millions of people. Every training video and audio coaching program is right here at your fingertips -- and it won't cost you one dime.

"There are officially no more excuses."

Membership to Ozworth is FREE! Just click the link below and begin on your path to a great life.

http://www.ozworth.com/a/rpbrown

Check out their 7-minute coaching program, and more, for FREE!

The world-class lineup of Coaches includes experts like Lisa Jimenez, Bill Harris, and Willie Crawford. You'll have access exclusive coaching programs delivered by these world-class coaches. Every topic is covered - from "building an email list of over 57,000 hungry clients" to the "top 7 ways to save an hour a day".

And the best part - new coaches and coaching programs are added to the site every week. Sometimes up to 3 new programs and coaches a week!

How can they afford to offer this great service? Because they hope you'll like their program so much that you sign up for their "GOLD" program for $97 as a special thank-you. But you don't have to pay for the GOLD program to try out the great FREE speed coaching programs!

Regina P. Brown
Broker, Realtor®, e-Pro
Author of eBook "Stop Foreclosure Fast: Solutions to Save your House"
Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"
Join & post to my NEW ActiveRain group at http://activerain.com/groups/virtualoffice

Text copyright © 2009 R.P. Brown, All Rights Reserved

Are we seeing homes REDUCE in average square footage? Is this a "green" trend?

From Peter Shankman via his daily MEDIA QUERY email:

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So it looks like the small house is the new big house. This makes Genevieve Ferraro, creator of The Jewel Box(TM) Home website, blog and lifestyle company quite pleased. Two years ago, the designer and lifestyle expert was ready to trade in her 1800 square foot Colonial for a McMansion, but her husband said no way. So she embraced the benefits of living small and created the Jewel Box(TM) Home to celebrate smaller houses as cheaper, greener and fabulous.

Now, thousands are flocking to http://thejewelboxhome.com as Genevieve teaches small home living classes while working on her first book, "The Jewel Box(TM) Home: Simple Tips for Designing a Full Life in a Smaller House." If you are looking for the Rachael Ray of small home living, Genevieve is your gal! She's available for speaking engagements, interviews and offers on-line design consults as well as in-home consults in the Chicago area.

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I checked out http://thejewelboxhome.com and Genevieve's philosophy is: "People are the heart of a Jewel Box^SM Home. An antidote to the McMansion, beauty and function are valued over accumulating space and things."

So is that the trend? Smaller homes rather than larger?

Makes perfect sense to me. Who needs such a gigantic house anyway -- just more stuff to clean & maintain!!

PLUS, with a smaller house... all those long-lost relatives (and grown children) won't be able to move back in!

Regina P. Brown
Broker, Realtor®, e-Pro
Author of eBook "Stop Foreclosure Fast: Solutions to Save your House"
Author of forthcoming book, "Virtual Office Guide for Business Professionals: Work & Profit from Home"
Join & post to my NEW ActiveRain group at http://activerain.com/groups/virtualoffice

Text copyright © 2009 R.P. Brown, All Rights Reserved