Archive for the 'Regulations and Red Tape' Category
Grab The Bull By The Horns: But Avoid Steering A Buyer
January 21st, 2008 categories: Real Estate News, Regulations and Red Tape
I remember the first house I listed, while putting up the for sale sign in this small cul-de-sac, a neighbor came out to investigate. Proudly giving her the scoop about my new listing, she became to plead with me, not to show it to any young people? She had quiet neighbors and was very anxious about having to share her neighborhood with someone that didn’t go to bed at the proper time.
If you have a real estate license, you should know the definition of steering: the illegal funneling of home buyers to a particular area based on the desire to keep the makeup of that neighborhood the same or intentionally change it. Racial steering receives the most consumer complaints, but the practice is not acceptable for any reason, and it goes against Fair Housing laws.
I can’t say I gave her the correct response, which should’ve been “I’m sorry but Fair Housing Laws prevent me from steering certain groups of people away from or towards a certain neighborhood.” She caught me off guard, and I sure I mumbled something to try to pacify her.
My job is to match buyers to the features of available properties, not to the racial (or other) makeup of the area. If someone asks me to eliminate certain areas based on any of the protected classes, I cannot legally follow their instructions, even if I am the Buyer’s Agent.
Protected Classes
- race
- color
- national origin
- religious preference
- sex
- familial status
- handicaps
The fair housing laws are designed to prevent discrimination, including steering, but generally, they should not prevent real estate brokers from being the reliable and rich sources of information and advice that make them so valuable.
If it is something factual, I can share that with you, like absorption rates for a particular neighborhood. I can point out Home Owner Association Rules, or show you where the train tracks are, but I can’t give my opinion about schools,or is it’s a “nice” neighborhood.
If you ask questions about the schools, I will point you to the School District report cards. Idaho School Report I will encourage you to visit the school of your choice, find out it’s boundaries and get a feel for how that school is being run.
If you want to know if there are any sex offenders in the neighborhood you are considering, I will refer you to Family watch dog
If a buyer wants to know the crime statistics of an area, smart agents will direct buyers to the police department or other sources of information. An agent should never ever disclose crime stats or say a neighborhood is a relatively safe place to live even if she believes it to be true.
An agent cannot answer questions about the ethnic make-up of a neighborhood. For example, buyers should not expect an agent to show homes in neighborhoods comprised of primarily Latinos, African-Americans, American Indians or any other ethnicity or race. If you need to know the demographics of a neighborhood, I will refer you to census report
As much as I would like to do some of these things for you, because of potential law suits, Realtors try to be very careful about taking any action that could be construed as “steering” or “discriminatory”.
Now for the end of the story: As it turned out, a very nice young family moved in and there is still peace in the neighborhood.
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Mother In Law Problems? This May Be The Solution
October 18th, 2007 categories: Buying Land Advice, Down to Earth Information, Regulations and Red Tape
The Mother In Law Ordinance came up when talking recently with a customer. They were looking for property that they could split. Their ultimate goal was to have two residences,enabling their handicapped son to be semi-independent but still close enough to keep an eye on. There is a provision in the unincorporated part of Ada County that does allow, in certain circumstances, to move a family member on to your property in a secondary temporary dwelling. This was always explained to me as The Mother In Law Provision. Read the rest of this entry »
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New Construction: Avoid One Big Headache: Get A Warranty
October 12th, 2007 categories: New Construction, Real Estate News, Regulations and Red Tape
Does Idaho Statute require a one-year warranty on all new construction in Idaho? This is one question that I have been asked several times and have gotten different answers for. So I thought I would get the official answer.
According to the Idaho Real Estate Commission’s July 2007 issue of the Real Estatement “ There are no one-year warranty required by statute.” It does go on to clarify that there are certain warranties that go along with a builder’s membership in different associations and there are warranties available through third parties. Read the rest of this entry »
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Buyers Beware!!! Don’t Let This Lame Horse Ruin Your Real Estate Investment
August 15th, 2007 categories: 3 Legged Horses, Buying Land Advice, Regulations and Red Tape
How can this happen? You buy that perfect piece of Idaho paradise and a couple years later,because of circumstances beyond your control, you need to move. What happens next is a blur….your real estate agent tells you, your property is part of a illegal lot split!! and according to county rules, there is no building permit available even though you already own a house on this property?
Or you buy property,and start the building of your dream home. That is the wrong time to find out you can’t do what ever you want with the land you paid too much for.
How can that be true?
Well, unfortunately for the landowner, it happens in Ada county more that we realize. What transpired was that a farmer decided he didn’t need all his land and just parceled off what he didn’t want, leaving behind a lot that is too small according to the county. When the county does get involved, like when you apply for a building permit, they will tell you “NO”
Why the county let this happen in the first place, I have yet to get a good answer (something about before the age of computers…blah,blah,blah)
Be sure you are diligent about this issue if buying in the county!! Have your real estate agent check, or better yet, personally do a diligent search with the county to be sure the zoning is correct and what you expect. This is not difficult to do, it is just something the average person(and I might add the average real estate agent) does not realizes could be a potential problem.
So how does this story end?
Probably in a lawsuit. Someone may of known about this problem and did not disclose it. A lawsuit, though messy and time consuming, is probably the only way to get your equity back. But if the owner is dead and his secret died with him…then you just bought yourself a lame horse partner.
Tags: illegal+splits, ada+county, Kuna+Idaho
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