Coconut Creek, FL

The National Association of Realtors has agreed to change its policies on Internet home-sale listings to settle a long legal battle with federal regulators who have accused the group of anti-competitive behavior that harms consumers.

The settlement, which awaits court approval, would resolve a 2005 Justice Department lawsuit that accused the association of undermining newer, lower-priced rivals by hampering their ability to post home-sale listings online. The Realtors association, which did not admit liability or wrongdoing and faces no fines, agreed not to treat Internet-based brokerages differently than traditional ones.

says the Washington Post May 28, 2008

It's a win for consumers because it's going to eliminate impediments to competition caused by the policies [the Realtors group] had in place, which we were ready to prove would have locked in an outmoded way of doing business," said Deborah A. Garza, deputy assistant attorney general in the Justice Department's antitrust division.

Mike Cowie, an antitrust lawyer at the firm Howrey who was not involved in the case, said the settlement probably will not force commissions down immediately, "but it should contribute to downward price pressures on commissions."

Really, how many listings are on the MLS in any one community? It is mind blowing to conceive the amount of condos and single family homes currently on the market.

The Department of Justice seems convinced that the settlement between the National Association of Realtors would help consumers sell their homes quicker and with a savings of commissions.

Consumers know better than that. If it were that easy just to put a property on the MLS and sell that property without the expertise and marketing ability of a listing agent, then strike one up for our Juctice Department.

Maybe the Justice Department should sell real estate now. It seems they know real estate better than the National Association of Realtors.

Frankly, real estate as we know it has change, not for the consumer. Real estate has now understood the need for competent real estate brokerages and listing agents who know marketing like never before.

Realtors are now needed more than ever because the need for consumers to sell the property has never been greater.

Never before in the history of the MLS has more listings been available and listings staying on the market is at an all time high.

Consumers now understand the need for an expert who reall y does sell real estate.

Call your local expert, you will be delighted to know that more sales in real estate have been through Realtors and not through For Sale By Owners.

If you want to sell your property for the highest price and in the least amount of time, with the least amount of hassle call a realtor who is experienced in your community.

For expert advice and expert service please call Nicholas Goglucci, PA. 954-650-7800

Nicholas Goglucci,PA.

Re/Max In Motion

954-650-7800

www.GoglucciTeam.com

New Law Which Gives A Condominium Owner The Right To Avoid A New Restriction In Renting In Florida

Recently, I was called by a condominium owner who purchased a condo with the purpose of renting the unit, without ever having the intention of living in the unit whatsoever. After purchasing the unit, and subsequently, renting the unit to a long term renter, the condo board decided to put up a vote to stop owners form renting their units. The vote was casts, and majority rules, renting was now abolished in the condominium sub-division, and added to the condominium documents.

Letters went to to all residents and owners, there will be no more renting as of this date. All leases will be honored until the 12 month lease terminates. Therefore, any owner who does not plan on moving back into the unit, must therefore sell the unit immediately.

Hence, the phone call and I was asked by this owner, what my professional opinion on this matter. I told the owner I was not an attorney, but I did cite a statue from the Florida Supreme Court ruling.

In the case of Woodside Village Condominium Association Vs. Jahren, the Florida Supreme Court ruled that a condominium's governing documents may be amended to restrict an owner's right to rent their unit. The investor-defendants argued that they relied on the documents, when they purchased the unit, which at the time allowed them unrestricted rentals. The courts specifically held that a buyer, when purchasing a condominium, must agree to the possibility that the documents may be amended.

In response to the ruling by the Supreme Court, The Florida Legislature passed, In July of 2004, a new law which gives a condominium owner the right to avoid a NEW restriction in the renting of their apartment if they voted against it, thereby keeping in tact the rules in existence when they purchsed the unit.

Owners of rental units, who voted no against changing the condo rules are thereby allowed to keep renting their units without fear of the condominium board. The board has no right, according to this law, to force owners to sell their units because of the rule change.

But, when and if they do sell their units, the next buyer who purchases the unit cannot rent the unit and must agree to follow all amended rule changes.

Just another reason to call a professional realtor. For more information, please don't hesitate to call.

Nicholas Goglucci, PA.

Re/max In Motion

954-650-7800