Be ignorant or be a student of real estate. It’s your choice!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Hi folks. In my recent post, A "gift of equity" and the "loose fly", I briefly touched down on a RMB (Realtor/mortgage broker) that was asking my Seller to commit mortgage fraud by pretending that he was a relative of the Buyer so he could give a "Gift of equity". This post is a follow up.

After contemplating the way forward, I decided to call good ole' RMB and see if I could pry this Buyer's file out of his hands and place it with one of my trusted Mortgage Brokers(MB). My intent was to see if we could do an FHA tied in with a LEGAL "Gift of equity" or down payment assistance.

FHA will allow the down payment required, usually 3%(aprox.), to come from a family member or a non-profit organization such as Nehemiah or Ameridream.

Anyway, I wanted to see if we could get this Buyer qualified by a proven mortgage professional. Even though the Buyer's RMB was wanting to commit fraud, I wanted to try and get this deal closed if at all possible. After all that's why my Seller hired me…..to get the job done.

I called the RMB and offered him another 1% on the real estate commission to release his Buyer to my MB. He wouldn't do it. No big surprise there. BUT I did get him to call my MB so she could walk him through the FHA program. After running the Buyer through DU (desktop underwriting), he not only qualifies, but is a perfect candidate for this program.

Today, I wrote up a new contract and we are back in business. It also turns out that RMB has a MB in his office who does FHA and is more than qualified to handle the loan.

So here's the deal. Due to the RMB's ignorance of available loan products he was coercing a perfectly good Buyer into committing loan fraud which is a FELONY!!! The Buyer, the Seller, both REALTORS® and all other parties involved would have committed a felony all due to a "professional" that doesn't know what he's doing.

Folks, here you have, in a nutshell, one of the reasons for the mortgage crisis that we are experiencing right now……lack of education.

Not lack of formal education or stricter licensing requirements but plain old fashioned lack of learning your craft. You don't need higher standards to be a student of real estate. There is NO excuse for not knowing these programs exist if you are in the business of real estate.

My friends, the point of this post is to encourage all of you to learn everything you can about real estate and mortgages. As true professionals we need to be able to counsel our Buyers and Sellers. They are paying us big bucks to watch their backs and to make sure they are operating in an ethical and legal fashion.

I for one never want to have to stand in front of a Judge and plead ignorance. Do you?

Copyright © 2007 Broker Bryant Real Estate Ramblings | All Rights Reserved

Being flexible is a necessity for success!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

A couple of weeks ago I called one of our fellow ActiveRainers. I did this because I had received an email and could tell this person was struggling a little in their business and needed some words of encouragement. So I called.

Anyway, it seems discouragement was setting in because she was going on listing appointments but was losing them on pricing. Then they would list with another REALTOR® and after several months, and a few price reductions, the property would sell at close to the list price that she had suggested from day one. She felt like she was losing listings.

I actually felt a little guilty because I know this person reads my blog constantly and has heard me time after time talk about "NEVER take an overpriced listing".

I know I write about these things a lot. NEVER take an overpriced listing. I NEVER work with Buyers and I NEVER lose a listing.

Well folks, today I want to let the cat out of the bag. I'm a big fat liar!!! There I said it. I HAVE taken an over priced listing. I HAVE worked with buyers and I HAVE lost a listing.

OK….. so now I'm wallowing in the puddle of deceit. Or am I?

One of the attributes of a successful person is the ability to be flexible….being able to read a situation and change directions quickly.

NEVER is a guideline not an impregnable barrier. What that means is, in an ideal World or situation I would NEVER……..(fill in the blank).

However, we do not live in an ideal World so we have to learn to be flexible. We have to make judgment calls. Being able to read folks and their motivation is imperative to being a good "salesperson".

We have to make judgment calls on whether or not to work with folks under less than perfect circumstances. If I meet with a potential Seller and they do not agree with my pricing then I MAY take the listing at a higher price. It depends on a few things:

  • Their motivation. Do they need to sell but have a little leeway with timing?
  • Is their suggested price within reason? Within 10% or less of where I feel it needs to be is my rule of thumb.
  • Do they understand what I am telling them about pricing but just feel they want to try a little higher?
  • Do they trust me and do we get along?
  • Do I feel they will listen to me in 30 days when I tell them we need to reduce?

If the answer to these questions is yes then I will probably take the listing. My NEVER has turned into a maybe.

My point is, we have to be brutally honest with folks and make sure they understand THEN we have to make a judgment call. Guidelines are set to guide us in our decisions. But our ultimate decisions have to be based on our judgment. This is where our experience and ability to read people comes in.

We will make mistakes along the way but that is all a part of the learning process. So be flexible. There are very few absolutes in real estate or life for that matter. Your success will come when you are able to discern when you need to be flexible.

Be firm when it comes to your ethics and your morals but leave room to change your mind in other areas. Does this make sense? Never? Maybe? It depends. What say you?

Sell Poinciana Real Estate Poinciana Real Estate Poinciana Real Estate Poinciana Real Estate Agent

Copyright © 2008 http://www.brokerbryant.com/| All Rights Reserved

Life is a Struggle…but…..there’s always Hope!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

 Hi folks. This post is not about real estate. BUT…..it's something I have to write. It will also not be politically correct so you have been warned.

TLW's last post mentioned one of our tenants that was shot and killed by the police department this past Thursday. This post will delve into this incident a little deeper.

We met this young man and his pregnant fiancée on Thanksgiving day 2007. Our Church sponsored a community dinner for anyone in the community who didn't have a place to go. When TLW and I arrived to help there wasn't much for us to do so we hopped in our car and went riding through the "hood" looking for folks who may want to come for a free Thanksgiving dinner. We had a few folks take us up on it including our future tenant and his fiancée. Let's name them….. Struggle and Hope.

Anyway, they were a beautiful young couple very much in love. They were very polite and very thankful that we found them. It seems they had been ostracized by their families and had no one and no place to go for Thanksgiving. Our invitation was accepted with open arms and they were welcomed, with open arms, at our dinner. It was a great day and we liked them.

As fate would have it, I received a call about a month later for one of our rentals. I recognized Struggle's voice right away and met with him and Hope about renting our house. They were currently crammed into an efficiency apartment that they were renting by the week.

Struggle was waiting tables at one of the local restaurants and was trying hard to find a place, they could call home, before the baby was born in May. We talked and we agreed to rent them our property at a little lower rent and we waived some of the move in costs to help them out. They were ecstatic. Hope was crying with joy and Struggle was smiling ear to ear.

It took him a few weeks of working extra shifts at the restaurant to be able to come up with the money to move in but he did. They moved in the second week of February. It was a very happy day.

All was going well. Just a sweet young couple in love and Hope's two year old son. I'll call him Spiderman since he LOVES Spiderman and is always wearing his little Spiderman outfit, while running around the house. He is a bundle of joy.

They had hope. And we were happy for them. It seemed like God had brought us all together. They needed a helping hand and TLW and I wanted to help.

On March 11th at 11:30 pm Struggle was shot and killed by the local police. We don't know the details. All we know is that there was an altercation in the Winn Dixie parking lot and he was shot by a 22 year old policeman and died.

TLW and I heard about the incident on the local news in the morning but had no idea it was Struggle. We found out when a reporter called me for an interview later that day. We were shocked to say the least.

A couple of hours later Hope called us. She was devastated, confused, mad and heart broken. We were too. She had been up all night trying to find Struggle. She had called all the hospitals and the police department but nobody knew, or were willing to say, anything. She thought maybe he had been in a car accident, she had just spoken to him at 11:00 pm on Thursday, 30 minutes before the incident. He called to see if she wanted him to bring home something to eat from McDonalds. That was the last she ever spoke to him.

Folks, we don't know why this happened. We don't know if Struggle was up to no good or not. We do know Struggle is dead and the police officers have been suspended, with pay, while this is investigated.

We also know, Hope, is now alone. We know she will be having their child in about 3 weeks.

I saw Hope yesterday. My Church had given me some money to take over to her, so I did. This young lady broke my heart. All I wanted to do was hold her and make the pain go away. I held her….but the pain stayed. The worst part was when Spiderman kept asking for "TaTa". She had to explain, to a two year old, that "TaTa" was hurt bad and would not be coming home.

I can't even imagine the pain this young lady is going through.

This entire situation got me thinking. What if I had been a young black man growing up in a rough neighborhood? What if when I was 16 and got caught for pulling up stop signs, as a prank, I had been sent to prison, instead of just being reprimanded, because I was white and the son of a Pastor? Would I have grown up scared of "the man", knowing that if I got caught for doing anything, I would be sent to jail?

So many unanswered questions. So much pain. Life is a Struggle but there's always Hope. Please pray for Hope.

Do you know where your business comes from?

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Made you look!!!

Hi folks. Here’s a little chart I made today that I want to share with you. I made this so I could see where my business is coming from. 

What this chart shows me is that 45% of my business comes from referrals and repeat customers, 35% comes from my expired letter, 15% comes from the Internet and only 5% came from a sign call. 

It also shows me that 35% of my current business is in Short Sales(SS). 85% is with Sellers and 15% is with Buyers. 

PROPERTY

STATUS

SELLER

BUYER

ORIGINATED

Eagle

Active (SS)

X

 

Expired Letter

Parsley

Active (SS)

X

 

Repeat

Kissimmee

Active

X

 

Expired Letter

San Jose

Active (SS)

X

 

Repeat

Sparrow

Active

X

 

Expired Letter

Sequoia

Active

X

 

Referral

Divot

Active

X

 

Referral

Reindeer

Active

X

 

Internet

Dundee

Active

X

 

Referral

Aylesbury

Active

X

 

Expired Letter

Jaguar

Active

X

 

Expired Letter

Dundee

Pending

X

 

Expired Letter

Reindeer

Pending (SS)

X

 

Repeat

Green

Pending

X

 

Repeat

Edgewood

Pending (SS)

X

 

Expired Letter

Nassau

Pending (SS)

X

 

Referral

San Jose

Pending

X

 

Internet

Green

Pending

 

X

Sign

Nassau

Pending (SS)

 

X

Internet

KB Homes

Pending

 

X

Repeat

 

 

 

 

 

I did this little exercise so I could see what my strong points are and what areas I need to concentrate on. The results are pretty much what I expected. I’m very much a “people person” so, it is certainly no surprise, that the most productive part of my business is just talking with folks and helping them solve their problems. This is very evident by 45% of my business coming from referrals and repeat business. These are referrals from consumers not my peers. 

It was also no surprise that my expired letter is very effective. The percentage of business from this is actually very low right now due to the fact that I turn down far more listings than I take. That’s also the reason my listing inventory is very low. I usually carry between 25-30 active listings but only have 11 right now. I’m not counting vacant lots of which I have 7. 

It looks like I spend waaaaay too much time blogging too, since only 15% of my business comes from the Internet. But hey….it’s fun!!! 

From reviewing this chart, I can tell I need to step up my listing efforts. And I need to hire a Buyer’s agent. No sense wasting all those good Buyer leads but the fact is, if they aren’t interested in my listings, then most of the time, I just tell them “Good luck with that”!! 

So………do you know where your business is coming from?

***This is a little side note. I just noticed that today’s ActiveRain newsletter features me and a whole bunch of my posts on taking listings. Anyway, this has caused my email to explode with comments coming in. I want to thank AR for the mention and I want to thank all of you guys for visiting those old posts and commenting on them. Unfortunately I will not have the time to go back to all of them and respond. BUT….if you have any specific questions you are more than welcome to pop me an email and I will answer your questions as soon as possible. Thank you!!!! 

FOR MORE INFO FROM BROKER BRYANT… THE SOURCE POINCIANA REAL ESTATE

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Copyright © 2008 http://www.brokerbryant.com/ | All Rights Reserved

Please pray for TLW

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

Hi folks. TLW is going through a very difficult time rIght now. She is a very private person so I am not at liberty to share any of the details BUT…..PLEASE pray for my wife.

Here’s a little interview we did back in Jauary of 2007 that I thought you may enjoy. Thanks.

*******************************************

Hi folks, it seems like the new trend in Blogging is the interview. So, with that in mind, I thought who better for my first interview than my wife, “The Lovely Wife” aka TLW. As expected, she showed up to the interview in her cowgirl hat and packing a 38. She was very open for this interview and has decided to give everyone a special treat at the end. So, put on your bullet proof vest and enjoy!!!!  

First, let me ask you the question that I’m sure everyone wants to know, What’s it like being married to a man (me) who thinks his success is related to the fact that he is soooooooooo good looking?

  • *Hmm. Well first let me state that marriage is not for the faint of heart. Especially, if you’re married to a man who honestly believes his success is a by product of his good looks. Being married to that attitude of yours is actually what has kept us together for decades. I admire the way you use humor to keep our lives amusing. The last thing I need is to be married to a man that takes himself too seriously. You and I both know God knew exactly what he was doing when he put the two of us together. Not only are you my husband you just happen to me my best friend. Okay. This is getting mushed out. Let me wrap it up by saying being married to you is much like going to an amusement park. It’s a damn thrill ride with lots of freak shows and I get to laugh a lot.

Since we all know you like to play with guns, should I be concerned being that I am the one who is most frequently in your sight?

  • *This question implies, that my gun fetish, makes you…Nervous? If I were you I would not concern myself with it…I like you.

When you first started Blogging your tag line was Kum La Ka Lakka, it has since been changed to ROAR! Why?

  • *Well gosh, I guess you haven’t been paying much attention to my Blog. ROAR has always been my tagline. The only thing I did was drop the KLKL. I did this for many reasons. To name just a few: I got over my fascination of being able to Google Kum La Ka Lakka and find my Blog. I also used this same tag line as a way of saying something on a Blog post that someone may not want to hear. Now, I just take my chances and hope that by saying what I’m thinking, it will help someone, or at the very least, get them to think. Aside from these reasons, I received a call from one of our Sons (Father of four) letting me know that the first word in the KLKL tag line was being mispronounced, on purpose, by a certain group of men on a Military base. I wasn’t exactly thrilled to hear that, so I ditched KLKL.

What would you say the theme of your Blog is and what are you trying to achieve?

  • *My Blog has no theme. I don’t want it to have a theme. I use my Blog to make people laugh, smile or think. If I can accomplish this, with my Blog, then I have answered the second part of that question. I guess you can call me “The Theme-Less Lovely Wife” ROAR!  

People either love you or hate you, why is that?

  • *Good question. They love me because I’m an outspoken, flirtatious, smartass. They hate me because I’m an outspoken, flirtatious, smartass. People walk a fine line between love and hate. I am old enough to have come to terms, with the fact, that some people have issues with a woman who is a fearless, outspoken, flirtatious smartass. The fact that I refuse to conform, to what others expect of me, creates problems for other people. I answer to myself and I answer to God. That’s it. My non-conforming nature comes out in my personality. Many times in my life I’ve had encounters with people who try to exercise control over me. Then there are the times when others try to manipulate me. When people fail in these attempts they get pissed off because I will not play their games. This is where folks choose between love and hate. Like I said, it’s a fine line and some people have no problem crossing that line….Ya know there’s always the possibility that some people hate me because…I’m sooooooooooo good looking too. 

Your Blog post “If They Don’t…They Won’t Get paid…Meow” won the Carnival of Real Estate. Was this win due to the creativity exhibited in your post or was it due to sucking up to The Real Estate Tomato?

  • *Well that was funny. The sucking up, to the Tomato, came after the first win. The fact that I won The Carnival Of Real Estate, with that post, was surprising to me. I had no idea that my personal experiences in the Real Estate Industry, over the last 12 years, were that interesting to other people. I guess the answer to your question is…Yes…The win was due to my creativity and my willingness to hang myself out in Wild Wild Space and see what happens. I stopped entering, the Carnival Of Real Estate, because you keep telling me to “Eat your dust”. I stand beside you…Not behind you. Let someone else “Eat your dust”

You seem to have an attraction towards bald men, should I be sleeping with a shower cap on?

  • *Nah. I thought about shaving your head but I’m over it now. You have to admit it would be pretty funny to see you wake up, look into a mirror, only to find you have become one of my bald men. On second thought, maybe the shower cap is a good idea. The sheer entertainment value of this has me thinking about shaving your head. It’s almost worth it just to see the look on your face. Don’t worry Darlin it’ll grow back. So…You’ve noticed my attraction to (intelligent) bald men. This attraction of mine is no worse than you being attracted to good looking outspoken women. Hi Christine. Hi Renee. Wink. Wink.

As far as I know, you are the only Blogger on Active Rain that has their own established fan club, “The TLW Fan Club” group. What’s up with that?

  • *I did not establish “The TLW Fan Club” group. I really don’t know what’s up with that. I was not aware of “The TLW Fan Club” until after another Blogger opened the Group. When the Blogger notified me that this group had been opened my response was…”Are You Nuts?”…The “TLW Fan Club ®” group has little to do with me. Or does it? You would have to ask the Members of this group “what’s up with that.” I’m sure they know the answer to that question.

You are also in the process of trademarking a “TLW” line of products. How did this come about and where is the money going to go?

  • *Yup. “The TLW Fan Club ®” is now a registered trade mark. It has become a product line of tee shirts, hats, children’s clothing and other miscellaneous items. The site is up and running and anyone can purchase products from the “The TLW Fan Club” Shop. Oh. Did I tell you about “The TLW Fan Club” boxer shorts? We designed those for the gentlemen of Active Rain. Wink. Wink.
  • The idea for all of this is Jeff Turner’s. Jeff saw an opportunity that would allow us to use “The TLW Fan Club ®” and my online name as a way to put something useful into this world. He knew I would like the idea so he set up the shop. The proceeds, from this venture, will go to Homes For Abused Children. I love children and I am passionate about this cause. Homes For Abused Children have quickly found themselves on the charity minority list. The children, living in these homes, are paying the price for this. They are not getting the kind of help they need. I fear, that if we do not step up and help them, these children are going to grow up with more problems than I can name here, jail, drug abuse, emotional and self esteem problems. The list goes on and on. If I can re-direct the future of one child I will be satisfied with my efforts.

And finally, to end the mystery, what is your real name?

  • *I was expecting this question but there is still a part of me that would rather not answer it. But I will. I have to disclose my name before some one else beats me to that punch….Drum roll please….MY NAME IS….BILLIE TUTAS…HEAR ME ROAR! BAM….I just shot me a Broker…Who wants an invitation to the funeral? Can I smile very wide here? Or will another ROAR suffice?

Thank you TLW for taking the time to answer these questions. I hear, through the grapevine, that Brian Brady is going to interview you next month for the Bloodhound Blog. His interview will probably be a little more serious than this so stay tuned folks.  

WE LOVE YOU HUN!!! GET BETTER SOON. 

Now Is The Time To Excel!!!

Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS
  • Listen to this post
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  • Call me!! 407-873-2747I posted this as a comment on C-Tann Starr’s post yesterday but feel it has some value so…….here it is: 

    Folks, these are difficult times that we are in. But keep this is mind….there has never been a time when the consumer needed good ethical REALTORS(R) more than they do now. Many homeowners are struggling to keep their homes or salvage their credit. They need us to help them. Buyers also need us to help them get into a home while prices are down and they have many to choose from. Now is the time to excel!!! 

    BUT…I do know it’s hard. The most difficult thing is changing the way we think and then learning new skills i.e. short sales, REOs, owner financing, lease purchases etc.. 

    I disagree with the “this will pass” mindset. It has already passed. It’s passed from what used to be to what is now. The old market and the old way of doing things will NEVER return. 

    I am so excited about the new challenges we are facing that I can hardly stand it!!! Are you? 

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    Honoring Martin Luther King This Day…

    Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

    Martin Luther KingOK so TLW told me I really need to re-post my annual Martin Luther King Day post. I agreed. I also feel that Martin Luther King Jr would be a very happy man tomorrow when we get our first black President. We’ve come a long way since my days of growing up in the deep south. Here’s a little story from my past written and posted first in 2007.

    Today, we celebrate Martin Luther King day. Where do I begin to write a post about this? First, I need to let you know that I grew up in the deep south as a son of a Lutheran Pastor. My formative years were the early sixties and during this time I lived all over Alabama, Mississippi, Georgia and South Carolina. Racism was alive and well in the little towns I grew up in. I can remember marching with MLK in Foley Alabama and the “good ole boys” throwing things at us and calling us names. The fact that we were white made their hatred towards us even worse. We were traitors and N……. lovers. I think I was 8 or 9 years old at the time. I couldn’t understand what we were doing “wrong”. It was just a parade.

    I remember living in Saluda S.C. and going to the movie house on the weekends. It always struck me as strange that the “blackies” had to sit in the balcony. They wouldn’t even let “them” in the theater until all us white folks were already in and seated. I can remember looking up and waving at my friend J.B. J.B. lived not to far from me and we use to play football and stuff together. J.B. wasn’t his name but it was what we called him. It stood for Jet Black. He didn’t seem to mind and I thought he liked it. I now know, he probably didn’t. I know it used to bother him when we would stop at the store after playing ball and they wouldn’t let him in. I would have to go get his Mountain Dew and peanuts for him. But we were just kids. We didn’t care, we just wanted to play and have fun. J.B. and his sister, Rosa Lee, were the only blacks in my school.

    Rosa was a big girl. Very quiet and very smart. She always sat in the back of the class by herself and I would make an effort to be nice to her. I liked her. I think she was afraid to talk to me though because she would never say anything. Just minded her own business. I’ve never forgotten about Rosa Lee and wonder what became of her and J.B.

    Our schools were integrated before my sixth year started. I remember it being a really big deal for the adults. The kids didn’t really seem to care. We all played football together and had a lot of fun. Of course we had to get on separate buses on the way home. Maybe it was just because we lived on the opposite sides of the tracks. I’m not sure.

    I also remember coming out of Church, one Sunday morning, when I was about 11 or 12, and there were Church members passing out fliers. They were really dedicated and made sure everyone got one. They were fliers for the KKK rally that was taking place out in the fields that night. I guess we had quite a few clansman in our Church. Even at 12 years old this disturbed me quite a bit.

    My friends and I snuck out that night and headed out to this rally. When you are 12, curiosity over comes you, and some things you just have to do. I remember the five of us crawling through the woods following the lights until we came to the edge of a field. It was very scary. The field was full of people in white robes and hoods and they were singing “Onward Christian Soldiers” and other songs we sang on Sunday and they had 3 crosses a blaze. The lights we followed were these crosses being burned. We laid there listening and watching for about 10 minutes or so and then we glanced up at each other, stood up and ran. We ran and ran and ran. We never talked about that night again. I’ve always wondered if crosses were the only thing being burned that night. I doubt it.

    When I turned 16 I quit going to Church. I stayed away from the Church for 30 years. Now as I go to the Methodists Church on Sunday, where we have five black members out of about 300, I realize, it’s not the Church, it’s the people that are evil. In the town where we now live, Dundee, Fl population 4,000, we still have a “blackie” town.

    Racism, is very much alive and well, in our town and through out the world. Will it ever change? I don’t know. But I can pray that it does. I can respect people, for who they are, not what color they are. I can correct people when they start making racist remarks. I can choose not to associate with racists. Racism makes my stomach churn.

    So what does any of this have to do with Real Estate? Everything my friends. Everything. Because of MLK we now have the “Civil Rights Act of 1964” and the “Voting Rights Act of 1965”. Because of MLK, the healing has begun. We have a very long way to go but the journey has started.

    MLK was a man of peace. He was non-violent and proved that it doesn’t take force to win a battle. MLK was a hero. His speech “I have a dream” is a masterpiece and regarded as one of the finest speeches in American oratory.

    So there you have it folks, my meager attempt at honoring a great man, through my experiences, seen through the eyes of a child. Take a few minutes today and say a prayer for our Country and my heroes Martin Luther King, J.B. and Rosa Lee.

    Martin Luther King, rest in peace my brother.

    ***The picture is from a school contest and is: First Prize co-winner, Rachel Waychunas, grade 5, Sayen Elementary School, Hamilton Ma.

    Copyright © 2009 Broker Bryant Real Estate Ramblings | All Rights Reserved 

    Corporate Mumbo Jumbo.

    Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS


    Watch List your house cheap in Comedy  |  View More Free Videos Online at Veoh.com

    As most of you know, TLW and I have never worked in a regular Real Estate office before. We worked in a property management office for a few years but were the only REALTORS® there, so we learned our craft through trial and error and attending meetings at our local board of REALTORS®. By learning this way we have always done things our own way and really don’t have a clue how other offices conduct their business.

    So with that in mind, I have a question for you. I received an offer for one of my listings and as usual it had an additional four pages of disclosures and “CYA” type stuff that really had nothing to do with the transaction. I assume they are just corporate paper work requirements. To me, they are a waste of time and mostly redundant. It seems like whenever I do a deal with one of the “Big Boys” I spend the next week getting miscellaneous forms, from the Buyer’s agent, that they need the Seller to sign ASAP. My first problem is, I’m a busy man, if you have things you need my Seller to sign then please get them to me all at once so I can take care of it and be done with it.

    In Florida, we have a pretty comprehensive contract, the FAR/BAR. It has two pages of fine print (the standards) that cover just about everything. Inspections, insurance, liability, default remedies, escrow monies, termites, title, closing costs, time is of the essence etc….Other than a Home owner association disclosure, lead base paint and maybe an addendum with extra terms of the contract, we really don’t need any additional paper work. Everything else, in my opinion, is redundant and a waste of time.

    Anyway, the offer I received had this clause typed right on the contract:

    • Pursuant to Section 475.42(1)(j) Fla. Stat., Seller and Buyer hereby grant Broker the right to place a lien on the property to ensure payment of services rendered. For purpose of this paragraph, Broker will be treated as a party to this contract.

    Now folks, I have to say, I scratched this clause out. There is no way my Seller will be agreeing to this. Am I missing something here? Would you let your Seller agree to something like this? I have a valid listing agreement and I have offered compensation through the MLS. Why do they need to put this clause in the contract? In my opinion it has absolutely nothing to do with the transaction between the Buyer and the Seller.

    So my question is….What’s up with this? Will corporate reject the contract because we removed their “make sure we get paid” clause? Are your offices burying you in unnecessary forms and disclosures? Is this normal practice in the corporate Real Estate World? Maybe, I just like things to be simple and straight forward. What say you?

    Are you a Florida REALTOR(R) looking for a change? Check it out. http://TTRealtyNet.com

    CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

    MORE INFO FROM BROKER BRYANT… THE SOURCE FOR CENTRAL FLORIDA REAL ESTATE

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    Are you running a "stealth" blog site?

    Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

    Monkey BrokerHow many of you have visited blog sites where there was NO indication that the writer was a REALTOR®? Well I have seen many. In fact if I didn’t know better I would think the authors of some of these sites were puppets, dogs, cats, fruits, vegetables and an assortment of other non-human “thingies”.

    If you are a REALTOR® you have a Code of Ethics that you must abide by. Here are a few applicable codes for you:

    Article 12

    • REALTORS® shall be careful at all times to present a true picture in their advertising and representations to the public. REALTORS® shall also ensure that their professional status (e.g., broker, appraiser, property manager, etc.) or status as REALTORS® is clearly identifiable in any such advertising. (Amended 1/93)

    Standard of Practice 12-5

    • REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property in any medium (e.g., electronically, print, radio, television, etc.) without disclosing the name of that REALTOR®‘s firm in a reasonable and readily apparent manner. (Adopted 11/86, Amended 1/07)

    Standard of Practice 12-9

    • REALTOR® firm websites shall disclose the firm’s name and state(s) of licensure in a reasonable and readily apparent manner.

      Websites of REALTORS® and non-member licensees affiliated with a REALTOR® firm shall disclose the firm’s name and that REALTOR®‘s or non-member licensee’s state(s) of licensure in a reasonable and readily apparent manner. (Adopted 1/07)

    So my question is, if you were a Broker would you let your agents blog and if you did, how would you monitor their activity?

    ***Image is the property of ROAR!! Productions. Touch it and………………BAM!!

    Are you a Florida REALTOR(R) looking for a change? Check it out. http://TTRealtyNet.com

    CENTRAL FLORIDA REALTOR(r) OPPORTUNITIES

     Copyright © 2009 http://www.brokerbryant.com/ | All Rights Reserved

    A Short Sale Contract is STILL a Contract!

    Posted by admin December - 31 - 1969 - Wednesday ADD COMMENTS

    Florida As Is  real estate contractHi folks. Allison Stewart wrote a very good post this week titled WALK THIS WAY… CAN BUYERS JUST WALK AWAY FROM A CONTRACT?. Allison’s post is talking about Buyers who feel they can just walk away from a Short Sale transaction and get their deposit back because they are just tired of waiting. They feel the contract is not binding.

    Here is my opinion on why Buyers feel this way. They are misinformed.

    A Short Sale contract is no different than a regular contract with the exception of the 3rd party approval contingency. This contingency is related to the Lender approving the “Short” NOT approving the contract. The lender has no authority to approve the contract since they are not a party to the contract.

    They do however have the authority to approve or disapprove the Seller’s request for a “Short” payoff.

    A contract is binding and legally enforceable when:

    1. It has a legal purpose
    2. The parties are legally competent
    3. The offer has been made and accepted
    4. There is consideration
    5. The parties have willingly consented to the terms

    There may also be contingencies in the contract. Contingencies are: Conditions which must be met if a contract is to be performed.

    Some contingencies may be to protect one of the parties:

    1. Survey
    2. Inspections

    Some contingencies may need to be removed in order for the purchase to be completed:

    1. Title
    2. Short sale approval
    3. Financing

    The Short Sale approval is just one more contingency in the purchase contract. And just like any other contingency it should have a time period to be removed.  

    If it can’t be removed in the time allowed then the parties can either extend the time period or cancel the contract and return the escrow deposit.

    If it can’t be removed at all because the Short Sale was denied then the contract becomes  “null and void”. The Seller is now unable to perform. This is no different than when the Buyer’s financing is denied. He too is now unable to perform.

    Folks….this stuff is NOT complicated. It’s Real Estate 101. Stop trying to complicate matters by treating the Short Sale as anything other than what it is…..a contract contingency.

    If your Short Sale listings are not closing. Get training. You’re doing something wrong.

    If your Buyers are getting frustrated then you are not setting the right expectations.

    These are my thoughts. What are yours?

    ***I am NOT an Attorney and this is not legal advice. I am however a Licensed Florida Real Estate Broker and this IS my opinion.

    Bryant Tutas
    Broker/Owner
    Tutas Towne Realty, Inc
    Licensed Florida Real Estate Broker
    http://CentralFloridaShortSales.com

    http://ShortSaleSuperStars.com

    ***The content of this blog is solely my opinion***

    SHORT SALE AGENT TRAINING

    Listen to a sample of the 5 part webinar:

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    About us

    I am a licensed real estate Broker in the state of Florida. My opinions on real estate have been formed from my experiences and 15 years of working in the business. My opinions are in line with Florida Real Estate laws and the REALTOR(R) Code of Ethics. Your State’s laws may differ. So do your own homework before implementing any of my business practices into your business.