SearsTowerFacts

Disclaimer: This article is not intended to be legal advice. Legal advice depends on each and every person’s particular circumstance. If you have a related issue, you should consult with your lawyer who practices law in your state regarding your particular circumstance. This article is for informational purposes only.

Whoosh… SLAM!

He marched into my office after he slammed the door shut behind him.

His face was grim and his fists were balled up. He plopped down in the chair across from my desk, and he took several deep breaths and exhaled slowly. After he calmed down, he looked at me and flashed an apologetic smile.

After a few seconds, he then demanded: “Just who did he represent?! I thought he was representing ME!”

I smiled at him cautiously. Then, I carefully asked him: “Who? Who did you think was representing you?” “The Realtor!” he bellowed. “I was the buyer-and he called himself the buyer’s agent-but he was not representing me! He was supposed to be representing me!”

“What made you believe that he was representing you?” I asked.

“He’s a real estate agent. He was the agent for the buyer-and I was the buyer. That means he was representing me, right? He had to protect my interests over everyone else’s right?”

“It’s… not… that…. simple….” I replied slowly, attempting not to anger him further. “Let me see your contract with your real estate agent and all the disclosures your real estate gave to you.”

After reviewing his paperwork, I replied “No, your real estate agent was a transactional broker-he did not owe you a duty of loyalty. In other words, he did not have to put your interests ahead of his own.”

“You’ve got to be kidding!”

“No. I’m not….”

WHAT IS THE PROBLEM?

Many potential buyers and sellers work with real estate agents. These buyers and sellers hire realtors with the thought that these professionals “represent” them. These buyers and sellers believe that these professionals must protect their best interests over everyone else’s in the transaction.

However, this is simply not the law in states like Florida. In Florida, Florida Statutes §475.278 clearly provides that the presumption is that a realtor acts as a “transaction broker”-and does not owe a fiduciary duty to its client.

Just what is a fiduciary duty?

A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviationfid) is expected to be extremely loyal to the person to whom he owes the duty (the “principal”): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. Wikipedia, http://en.wikipedia.org/wiki/Fiduciary

Therefore, generally, since a realtor is not a fiduciary in states like Florida, a Florida realtor (1) is not legally required to be loyal to its customers, (2) can legally put its own interests ahead of its customers, and (3) can legally profit at the expense of its customers.

As we witnessed in the above scenario, since most of the public believes otherwise, a real property transaction can go unexpectedly wrong at the expense of the buyer and/or seller.

WHAT IS THE SOLUTION?

Don’t walk into the transaction confused or misinformed! Often, buyers and sellers believe that have something that they don’t actually have. This mistake in expectation can cause substantial problems in real property transactions. Therefore, know where you stand before deciding on a particular realtor:

1. Before working with a real estate agent, understand what the law in your jurisdiction provides about the type of relationship you will enjoy with your real estate agent. In states like Florida, unless you require your realtor to agree otherwise in writing, your real estate may only represent the transaction–and not your best interests.

1. Ask your realtor what the applicable state law provides about the potential relationship with him or her. If you don’t understand the real estate agent’s response, consider posing a few hypothetical questions to the real estate agent to attempt to gain an understanding.

1. Decide what type of relationship you want to have with the realtor. In many instances, you may want your real estate agent to be loyal to you. However, sometimes, you may not. Your particular circumstances will dictate whether you may want a duty of loyalty from your real estate agent or not.

1. Be prepared to negotiate exactly the type of relationship you want with the real estate agent. However, be forewarned: if you want a stronger relationship with your real estate agent, he or she may ask for more compensation. Therefore, be prepared to negotiate all of the terms of your relationship!

1. Make sure that your agreement with your real estate agent is in writing. If you negotiate a specific relationship, it is probably a good idea to put it in writing.

1. If you are unsure about your relationship and/or contract with your real estate agent, consider consulting with an attorney in your particular jurisdiction regarding the matter. Many attorneys in my jurisdiction charge less than $250 (the cost of a consultation) to review standard real estate contracts and to discuss a party’s rights in such transaction.

1. Just because a realtor (1) is not legally required to be loyal to its customers, (2) can legally put its own interests ahead of its customers, and (3) can legally profit at the expense of its customers–doesn’t mean that he or she will! I have worked with many real estate professionals who have put their clients interests ahead of their own interests. Therefore, work hard to find a professional that you can trust one of largest assets with: your home!

Debi V. Rumph is a native of Orlando, Florida, and she has been a member of her community for over 38 years. After graduating from the UF Law School, Debi focused in construction law, landlord tenant law, and general commercial litigation at a major and national law firm. Thereafter, Debi taught at the FAMU College of Law as a professor of law for 3 years, and she became a published scholar. Later, Debi established the Residential Real Estate Law Firm, which provides services in the areas of landlord and tenant, real estate closings, wills, and probate.

Debi also represents both buyers and sellers in residential closings. She routinely assists homeowners in understanding (1) realtor contracts, (2) real estate purchase contracts, (3) mortgage broker contracts, (4) promissory notes, (5) mortgages, (6) good faith estimates, (7) HUD Settlement Statements, and (8) title insurance policy commitments.

More information may be obtained at http://www.housing-attorney.com.

As the 2008 recession continues to take a toll on the US economy, numerous commercial and residential real estate development projects are stuck in a holding pattern. Investors are unwilling to invest, and lenders are unwilling and/or unable to lend. Business owners find it extremely difficult to obtain financing that would allow them to develop businesses that would lease commercial units from developers, and residential buyers cannot obtain financing to purchase single-family homes or condos from developers. The general devaluation of properties, lack of equity, limited availability of credit, and the overall decline of economic conditions created a chain of events that has made it increasingly difficult for real estate development projects to succeed, or even survive within the current market. However, a number of strategies exist to help “un-stick” real estate development projects by overcoming these barriers and challenges.

The lending industry has played an important role in this chain of events as hundreds of lenders have retracted real estate development loans, refused to issue new loans, and tightened financing criteria despite the millions of dollars in “bailout” money that many of them received (intended, in part, for the purpose of opening new credit channels and lending opportunities). As a result, numerous real estate developers have been left with pending development and construction loans that their lenders are no longer willing to fund. Many developers have opted to negotiate deed in lieu agreements with their lenders to avoid litigation and foreclosure by essentially transferring the properties to the lender with no monetary gain for the developer. Other real estate developers are simply stuck in this holding pattern with properties that they cannot get funded but are responsible for concerning payment of property taxes, maintenance expenses, and debt service payments to lenders. For many of these developers, the prospect of developing their properties to generate a profit in the near future has become negligible. The expenses associated with keeping and maintaining these properties coupled with the lack of revenues generated by them has created a downward spiral effect that has led to bankruptcy and foreclosure of thousands of real estate developers in recent years.

Properties that were once slated for development of residential communities or new commercial venues that would help create jobs and improve economic conditions have been stuck for several years. Lenders typically sell these properties through auctions or a “fire sale” processes for pennies-on-the-dollar in order to get them “off of their books” as a liability and as an impediment of their funding capacities. Opportunistic investors or “land bankers” often purchase these properties and hold them for future gains in anticipation of an eventual market turn-around. Hence, these properties remain undeveloped and “stuck” for years to come, instead of becoming revenue generating assets for their communities.

So how do you “un-stick” a real estate development project in today’s economy? Many real estate development projects can benefit from various strategies that can be implemented to convert them into revenue-generating profit centers that also create jobs, facilitate the provision of needed goods and services, help improve the local economy, and enhance the aesthetic appeal of the area by improving a vacant or deteriorated property. The strategies provided in this article are described as summaries of more complex processes that require strategic planning and development tactics in order to achieve significant results; However, these strategies have been effective for the turn-around of numerous real estate development projects within the current economy. While it may not be an easy task to “un-stick” a real estate development project in today’s market due to the challenges described above, it is achievable to convert such properties into profitable endeavors by incorporating the appropriate strategies and techniques that are designed to overcome these barriers despite the current economic conditions. Following is a list of various strategies that can be incorporated for this purpose:

Strategies to “un-stick’ real estate development projects

1) Revise the existing development plan

Intricate analysis is likely necessary to determine the current highest and best use(s) for the property considering recent physical, social and economic changes within the local environment. For example, a property that was originally designed for development and sales of high-end condominium residences may be suitable today as a mixed-income apartment complex that can be developed in a phased manner to minimize the need for substantial upfront equity, to minimize risk, and to facilitate development in a staged process in correlation with the propensity of demand. The condominium development and sales model would have provided short-term profits and payoff of the development loan as the units were to be completed; Whereas the development of an apartment complex would provide long-term profits and require a long-term financing arrangement to facilitate incremental pay-down of the loan over time. It would also require ongoing property management, maintenance and marketing efforts that must be demonstrated in the revised plan. Therefore, in this example the real estate developer must be willing to change the original model and to employ the expertise that would be necessary to make the new model successful.

Numerous examples can be provided of projects that had to change their existing model in order to adapt to the recent social, physical and economic changes of their environments. The key is to determine, with accuracy, what the highest need and demand generator will be for the specific property, and to create a development plan designed to meet the demand in a cost-effective manner. A number of additional tactics are needed for the preparation of an effective revised development plan and to obtain funding, such as preparation of a strategic financial analysis and capitalization plan, operating plan, market penetration plan, etc. The tactics and format vary depending on the project.

2) Government incentives and participation

Real estate development creates temporary construction jobs and permanent local jobs. It facilitates the provision of goods and services, and production of tax revenues on local, state and federal levels. This helps stimulate the local markets and promotes financial stability for the economy as a whole. The lack of real estate development projects have the opposite effect, and have contributed significantly to the current recession. For this reason, numerous government entities have incentive programs that are intended to spur new real estate development projects for the private sector. The benefits of these programs for the real estate developer can translate into reduced project costs, additional equity that can be used to leverage financing, infrastructure improvements, use of public services, enhanced lender and investor participation, and other important advantages. This strategy requires identification of specific government programs that are available for the project, understanding of how to incorporate the programs and how to meet specific program criteria, negotiations with public officials, and strategic collaboration efforts between the parties. Numerous real estate development projects within the current economy would not have otherwise been developed, but were able to take advantage of a variety of government programs and leveraged those programs to enable their success.

3) Equity strategies

Equity is necessary to leverage senior financing; Now more than ever. Prior to 2008 the equity requirements for many lenders was much less stringent. Numerous financing programs existed that allowed projects to obtain funding at 80%-100% loan-to-value ratios because the higher valuation of properties at the time provided payback assurance to lenders. In today’s economy, however, the lending ratios are generally acceptable if they fall within 40%-65% on a loan-to-cost basis. The devaluation of properties has created a situation in which real estate developers must have substantially more liquid capital and/or other assets to pledge in order to leverage financing, however, the availability of liquid capital and assets has also decreased significantly. Therefore, the strategies for securing the equity needed to leverage financing has become increasingly more important in the development process.

Equity can be obtained from a variety of sources, including, the principal/owner, land, other assets such as properties, equipment and materials, partners, investors, contractors, service providers and other professionals. In many cases, the real estate developer is not the sole provider of the equity that is needed for the project, but the equity is assembled from various sources in order to mitigate risk for the developer and to increase possibilities for financing. In order to accomplish this effectively in today’s market, the revised development plan (described in Paragraph 1, above) should be tailored specifically for potential equity investors and/or partners, and presented in a manner designed to effectively answer most of the questions they may have. A strategic plan to identify and source potential equity investors and/or partners should be developed, and the appropriate investment agreements and documentation must be professionally prepared and presented. Recent real estate development projects have benefited from this approach and were able to secure the equity needed to leverage financing by incorporating this strategy.

4) Other lending sources

While many conventional lenders have become ultra-conservative in their approaches to financing real estate development projects in recent times, other private lending sources have evolved as viable financing alternatives for such projects. These sources often offer similar interest rates and terms as conventional lenders, or higher rates and stricter terms depending on the perceived risk. The private lending sources vary from investment groups, to international organizations, to private companies, to high net-worth individuals, and others. Identifying the right private lending group for a specific project, and the presentation format and strategy that will be implemented is critical to securing financing from these sources. Financing brokers or organizations that have existing relationships with such lenders can be especially helpful in this process.

5) Participation from team members

The current economic crisis calls for unconventional strategies that may not have been prevalent prior to 2008. Engaging the participation of professionals, contractors, service providers and material providers is an effective strategy that is more widely accepted today than in previous years. These individuals and companies become team members of the project, and provide participation in the form of services, equipment and/or materials that can be used to launch the project with reduced upfront capital requirements, and as equity to leverage financing. Many of these team members have experienced a reduction in volume of business due to the economic downturn, so today they are more willing to defer a portion of their fees until the time of funding or in return for a membership interest in the owning entity of the project. For example, an equipment manufacturer can pledge $10MM of equipment for a project, which can be used as equity to leverage financing. An architect and other consultants may agree to perform work with a portion of their fees to be paid upfront, and the remaining portion to remain in the project as equity. Numerous examples exist of projects that have leveraged equity, services, equipment and materials using this approach in recent times. It is important for team members to understand the project, believe in it, and for terms to be negotiated that favor both parties.

As mentioned earlier in this article, the above strategies are provided as summaries and examples of tactics that can be used in today’s economy to help “un-stick” real estate development projects. Each project is different. Each project requires intricate analysis and strategic planning to determine the specific strategies that can be implemented in order to make them profitable despite the economic constraints, barriers and challenges that exist today. While surviving and thriving in today’s economy may not be easy for real estate developers, it is achievable to “un-stick” your real estate development project by implementing these and other critical strategies.

By Ricky Trinidad, Consultant
Metronomic, Inc.
http://www.metronomicinc.com

Metronomic, Inc. is a business and real estate development consulting organization with offices in Schaumburg, IL, Chicago, IL and Miami, FL.

Ricky Trinidad, Consultant

Metronomic, Inc.

http://www.metronomicinc.com

If you are like me, then you have an interest in real estate investment and want to do the right thing by educating yourself so that you can obtain your first real estate investment cheque. I have spent thousands of dollars over the years trying to find the company that would help me accomplish this goal. So what did I do? I watched various infomercials on the television with amazing testimonials of real estate investment success. I quickly found that once I registered to attend, my information was sold to various marketing companies, and I was in receipt of invitations to other investment opportunities that I didn’t even know about. Okay. Now I have sifted through all the invitations and I am on my way to a one-day seminar.

For the most part, the information delivered is tantalizing and I am hungry for more knowledge and the opportunity to start working on my first deal. I also find that the information delivered in the one-day seminar is in bits – for a beginner investor, it is not enough material to be useful. But what do I hear? I now have to register for a weekend workshop to learn more. Full of excitement and determination, I pay the $1500 to $2500 cost for the workshop and off I go. Again, the information presented is titillating and at least one of the presented methods is immediately implementable. The other participants and I followed the instructions given, but no results – we could not find a property matching the given search criteria. Therefore, the audience was not taught what the next steps would have been had we done so. Still filled with hope, I took careful notes and listened intently for the remainder of the workshop. What’s this I hear? I can have advanced training if I want, a coach to work with me one-on-one, and the almost guarantee that I would make money at that level? What’s the cost? Oh, only between $10 000 to $100 000. This is where I hit the proverbial brick wall. Where was I to find all that money, and for some of the workshops, the money had to be paid the very weekend! The long and short of the model is this; one has to spend anywhere from $1500 to about $100 000 without even doing your first real estate deal! It didn’t make sense.

Wait a minute. I now found that most of the real estate investors, who were calling themselves and each other gurus, were doing a massive on-line marketing campaign during the market’s downturn, only this time downplaying the ‘guru’ title. They were all offering one-on-one coaching. Why? No one was attending the conventions and workshops as before. The personal coaching idea sounded good. I decided to check out a few of them and tried one of them. I tell you the truth, because I was a rookie, I didn’t know what to ask for or what to expect from this coaching. As you can imagine, I did not get my money’s worth. By the way, the coaching was through e-mail and sometimes instant messaging only, at a cost of USD $1000 per month. Now, I could have allowed all these disappointments to derail my vision and cause me to be bitter. I refuse. Instead, I decided to use the experience to help others in similar situations make better decisions, spend less, and actually make money in real estate investment.

The sum of it all is this: not having the right real estate investment education will cost you money and just as truly; obtaining the right real estate investment education will cost you money. However, obtaining the right education is an investment, not a liability. What should one look for in a real estate investment coach/coaching program? What questions should be asked? Here are a few to consider:

• Before any money exchange hands, an outline should be provided to the student to ensure that both parties/sides understand what will be offered.

• Costs should be clearly defined and explained.

• Discuss funding. Will the coach/organization provide funding for your real estate deals? If not, will the coach/organization provide you with information that will allow you to access funding? What type of funding can you expect? Will it be transactional funding, hard money, private money, other?

• Discuss if there will be or is there an option to partner on deals. Will the coach/organization put up the funding for the real estate deal while the student does the ‘ground’ work? If partnership is an option, discuss and agree on the split. Will it be a fifty-fifty split?

• Discuss availability of the coach: Does the student have telephone, e-mail, and/or text access? What response time might the student expect? Does the student have to pay the fees for services like Skype or is it included in the coaching fee?

• What are all the things included in the coaching fee?

• If the coach is not available, is there a mentor or someone else that will be available?

• Is this a stand-alone coach or is there a professional team available to the student? Is there a lawyer, accountant, contractor, et cetera that are a part of the team? If the coach is a one-man-band, then this might not be a good option for you.

• Is there creative financing for property acquisition?

• What are the payment options for the coaching costs? What are the financing terms?

• How will the education be delivered? Will it be delivered through webinars, CDs, mp3’s, other? For how long does the student have access to the education?

• How current are the strategies being taught? Is there proof?

• Relative to the cost, how long is the coaching? How many hours of one-on-one coaching?

• Will the student be provided with a virtual assistant?

• What peripheral costs are entailed in the program? For example, LLC, websites, 800 numbers, et cetera. What other additional costs might the student expect to pay/cover?

• What real estate investment qualifications does the coach have? If the coach is reticent to discuss this, then that might be a cue to not sign up with that particular coach/organization. Also, if the coach has a bad attitude, then you should reconsider using him/her.

• Research the coach on-line. Look at reviews. Check out Facebook, MySpace, YouTube, LinkedIn, et cetera. Also use these sources to review his/her profile. Hint: If the coach has less than five hundred contacts in their profile, then that could be proof of inexperience.

• What is the approximate turn-around time from the time the student signs up and follows all coaching instructions, to the time the student does his/her first deal?

• How many hours per day/week is the student required to invest?

• How are deals analyzed? Does the coach personally review them? How many exit strategies does the coach utilize per deal?

• What is the coach’s real estate investment specialty: wholesaling, fix and flip, buy and hold, et cetera?

• What real estate strategy are you expected to start with? Will this complement or go against your current financial situation?

• How much money is the student expected to have on hand to do his/her first real estate deal?

• If student does not make any money in say the first three months of the coaching, what is the next step? Will the current real estate investment strategy be changed or adjusted?

• What guarantees does the coach/organization provide?

• Is there a rescission period? What is it?

• Can the student do the coaching with his/her spouse or business partner at no additional cost?

With these points to consider, you should be well on your way to making the right decision as to your real estate investment education and coaching. I am sure that as you read through the points, they caused you to think of other questions that you might ask. Good.

All in all, I am very thankful that I have finally found an organization that is indeed the complete package for real estate investment education and coaching – and the price is right! Working with a team of experienced real estate investors does make a difference in performance and results! For more information please visit www.sell-buy-or-rent-to-own.com.

Searching for a good real estate investment education and coach can be quite confusing and even distressing. If you have spent a lot of money on programs that do not deliver, then you know what I mean. How does one get to the core of what is truly being offered through all the hype, false advertising, and sometimes blatant dishonesty. It is simple, one starts with asking a few questions.

The key is knowing what you want, what you do not want, and what to look for. Sure, asking questions of others can sometimes give you good feedback so do not rule that out. Ask questions of others who are real estate investment coaches, investors, students of the craft, et cetera. When you are through gathering their opinions; ask questions of yourself. It is not only good to find out what you want from a good real estate investment education and coach, but it is equally important for you to find out if you have the right attitude to be successful as well as a good student/investor.

How do you learn? Can you read an instruction manual and build a ship or do you need to be interned? Do you need someone to hold you accountable? Do you need a facilitator? Do you work better in a team or group as opposed to one-on-one? When you have asked yourself these basic questions, you will be well on your way to determining what it is you want from your real estate investment education. There are a lot of programs out there but possibly just one or a few that is right for you. Remember, whether or not you invest in a real estate investment education it will cost you! Real estate is for everyone because everyone has to live somewhere.

Before you hire a real estate agent, read the answers to your most important questions.

Will a property I sell myself be at a competitive disadvantage compared to properties sold by real estate agents?

No-and in many ways, you’ll have an advantage. First of all, today’s buyers find their homes on the Internet on their own time. If they like your home, they’re going to contact you no matter what-and the odds are good that they’ll be happier dealing with you than with an agent. It is no secret that a huge number of homes are not selling and expire before the agent ever gets the home sold. Do a Google search and you’ll see the amount of training material the real estate industry offers to teach their agents how to persuade sellers to renew their listings for a year. There is no magic in what a real estate agent does.

To give you an example of the advantages of selling your home yourself, think about signs. When you list with an agent, they get to place a mini billboard in your yard that includes a tiny bit of advertising for your home and a huge amount of advertising for their company. The whole industry should have moved on to customized signs a long time ago-but they haven’t. You’ll have a significant advantage by tailoring your on-the-ground marketing plan to your home, including your FOR SALE sign.

Do homes sell for more when listed with a real estate agent?

That’s what the National Association of Realtors funded by real estate agents says, but there’s no independent data to support their statistics. If a real estate agent tells you they can get you more money for your home, ask them to bring you a buyer; if they can’t, they need to leave you alone to sell your house. Far too many listings handled by agents expire, unsold.

An agent’s opinion is not going to get your home sold. It’s easy for people to make guesses and conjectures, but to win in today’s market, you have to deal with hard facts.

How much time and effort is this really going to take?

It takes about as much time to sell your house as it takes to plan a long vacation. The marketing side requires the most time up front, but once you’ve gathered your facts, it shouldn’t take you more than a few hours to get your marketing plan started. You’d have to gather that same information for an agent, if you used one. And the process has been streamlined for you on sites like simpleandsold.com.

If you’re skeptical, take the amount you’d pay in commission to a real estate agent and divide it by the number of hours it takes to plan a vacation. The result should help you see that time you put into selling your house will be time well spent.

A real estate agent told me it would be dangerous to sell my own home, since I’d be letting strangers in my house all the time. Should I be worried?

Unfortunately, you’re going to have to let strangers in your home to sell it. But you would have to do this with or without a real estate agent, so this is almost a moot point. Remember that you can open your home any way you want: you can take down information for safety purposes; you can schedule your viewing appointments so that you won’t be alone in the house; and you have the right to stop the process if you ever become uncomfortable with a person’s presence. This is something even real estate agents face.

Do I need to use a Multiple Listing Service (MLS) to get the exposure I need for my home?

First, you should understand what MLS is. It was not designed as a marketing venue for homes; rather, it’s a simple way for brokers to negotiate compensation with each other, so that Real Estate Agent A can tell Real Estate Agent B, “Sell my listing and I will pay you X.” Period.

My local MLS, which was named #1 in the country, is still way behind the times. It allows me to upload approximately eight tiny (two-by-two-inch) pictures and about three sentences of description. I’m not even allowed to link to anything. How is that a viable marketing tool?

Look at Zillow, Trulia, and Yahoo! Real Estate and you’ll see how much the MLS has been eclipsed. It’s become just an outdated method for real estate agents to protect their turf. Some systems are not even Mac compatible.

With Simple and Sold, you can put your home up for viewing on hundreds of websites, and you can add up to thirty-six large, high-definition photos in your listing. You can have paragraphs of description about your home. You can attach listing brochures and other files, which interested buyers can view online or download. You can add background music or a voice-over about your property’s features; you can provide links to area schools and anything else you want.

What is the NAR?

NAR stands for the National Association of Realtors, the lobbying group listed at #4 on opensecrets.org’s list of political heavy hitters. It’s the organization about which Joe Nocera of the New York Times once wrote: “You have to wonder sometimes what they’re smoking over there at the National Association of Realtors.”

According to Bloodhound Realty Blog, The NAR has stayed under the radar while doing a monstrous amount of damage to the economy, the housing market, and most importantly, the consumer. Bloodhound Realty Blog states (this blog does a great job of exposing the NAR), “It was the NAR that lobbied for each law and rule change that resulted in the housing boom, the sub-prime lending catastrophe, the wanton bundling of fraudulent loans, the ongoing subsidization of the secondary mortgage market, etc. The villain behind all the villains in the collapse of the American economy is the National Association of Realtors.”

“The real estate licensing laws, written in their original form by the NAR, exist to limit competition in real estate brokerage, eliminating alternative sources of real estate brokerage to artificially sustain higher commissions for NAR brokers”

John Crudele of the New York Post recently stated: “The real estate industry lives by the motto: “location, location, location.” Next week it’ll be known for “deception, deception, deception.” People want the truth and the NAR is deceiving the public all to save the sacred real estate commission. Crudele also reports: “The National Association of Realtors admitted that it has been reporting bad figures on sales… Jeez! Tell the truth!… The Realtors aren’t doing the country any favors by sugar-coating their stats… and the people at NAR don’t seem to be bothered by the practice.”

Don’t most people trust real estate agents to get them the best deal?

Unfortunately, people don’t trust them. In the most recent Gallup poll, they ranked lower than bankers but higher than congressmen in terms of ethics.

In all fairness, it’s not the behavior of real estate agents that has been unethical; it’s the way their organization, the NAR, has worked to block their competition. As I see it, and as most Americans see it, competition is for the competent. You own your home, so you should have the choice to sell it any way you choose.

The NAR got a public slap on the wrist in 2008 from the Justice Department when the organization tried to stop real estate agents without a physical office from participating in MLS. The Justice Department had to sue the NAR to allow mobile, internet-based brokers-the kind who operate from laptops and Starbucks instead of fancy offices-to practice their trade.

I think the NAR should be ashamed of making taxpayers pay for this lawsuit, which (in the words of the DOJ itself) “requires NAR to allow Internet-based residential real estate brokers to compete with traditional brokers.” The Department said the settlement would enhance competition in the real estate brokerage industry, giving consumers more choice, better service, and lower commission rates. NAR is now bound by a ten-year settlement to ensure that it continues to abide by the requirements of the agreement.

But don’t Realtors operate under a Code of Ethics?

Ironically, the NAR emphasizes a “Code of Ethics” for all its members-but at the same time, they have been called on the carpet for deceptive statistics on homes sales.

In my opinion, anyone who needs an organization to tell them how to be ethical probably doesn’t understand the code of ethics that they’re swearing to uphold.

For more information about buying or selling a home, check out my SIMPLE & SOLD book and package on amazon! And visit http://www.simpleandsold.com if you are interested in selling you own house and saving the commission.

The housing industry plays an important role in the quality of our lives. The industry weaves the tapestry of our lifestyles and maps the blueprint of our cities. Thus, it only makes sense to populate the industry with smart, aggressive and creative people who are concerned and responsible not just because their contracts require them so but because they are of service to the general public as well.

The market industry is not just composed of real estate agents who you think do no more than bug you with untimely phone calls or hand you leaflets. The problem lies in the fact that people are misinformed about the profession and the whole industry in general. Unbeknownst to them, there’s more to the industry than making a sales pitch. In fact, the real estate industry provides a wide range of opportunities for all sorts of individuals.

Thinking of getting into the housing market? Here are some careers to choose from after completing your online real estate courses:

1. Salesperson/Broker

Forbes.com has recently ranked the job of a real estate agent as the number one happiest job in America. Scoring 4.19 percent on CareerBliss’s rankings, survey participants deemed the job as very rewarding due to the amount of control they had over their work, flexibility and everyday tasks.

Being an agent largely involves helping people buy and sell homes. Agents or brokers are adept in carrying out the process of purchasing and selling properties, loan documentation and the policies governing the processes, saving clients their precious time and money. Through training and education, agents become knowledgeable on RE laws, fair housing law and contracts as well as various financing options available to consumers.

Different types of brokers exist in the field:

1. Commercial Brokers
   Commercial brokers specialize in finding a market for revenue-generating properties like apartments and spaces found in malls, shopping centers, office buildings and warehouses. To qualify as a commercial broker should have a keen understanding of the investment value of properties in terms of location, taxes, and market activities.

1. Industrial or Office Brokers
   Industrial and office brokers are in charge of developing, selling or renting out properties for office headquarters and manufacturing. Industrial or office brokers should be keen of zoning laws, tax regulations, and even property management to be able to relate valuable information on the property they’re marketing to buyers.

1. Land Brokers
   Land brokers specialize in brokering land deals for farm, residential, commercial and industrial lots. This kind of broker has a knack for looking for lands that have a potential to be developed or to generate revenues. Land brokers have to be knowledgeable about agriculture and local market economics as well to be able to successful in closing land deals.

2. Land Developer

Land developers are very important in the said industry since without them, there’s no money to be made on real estate. They conceptualize the blueprint for projects and offer a keen insight on whether a property (residential, commercial or industrial) is worthy of being developed for profit or not. Basically, they conduct site selection and cost analysis. Land developers also coordinate with construction companies and oversee the property construction. Sometimes, land developers are also involved in financing the project.

3. Office Manager

The job of a real estate office manager involves meeting with prospective clients, managing a realty or real estate business, marketing, financial management and brokerage. They are also involved in hiring real estate agents to work for a firm. Real estate managers can be self-employed or work full-time for a real estate firm.

4. Property Manager

A property manager plays an important role in-well, you guessed it right-managing and maintaining the structural integrity and usefulness of a property-whether residential (e.g. apartments, houses and condominiums); commercial (e.g. shopping centers, retail stores, offices) or industrial (e.g. factories, manufacturing plants). Their end goal is to ensure a positive cash flow for property investors and make sure they’re making most of their investments. Often times, property managers are on-call 24/7 to attend to emergencies and problems arising from the properties they handle.

5. Appraiser

Appraisers essentially evaluate property values. Their job involves assessing the profitability of properties as well as tax values, rental, insurance and accounting values. Someone who is good with numbers, has a keen knowledge of accounting and economics principles, real estate education and insight of local housing market activities are a good fit for this type of work.

6. Mortgage Specialist

Mortgage specialists help potential owners choose the right kind of loan for them. They also help businesses collect loans they’ve provided to customers. They can work for a firm or independently.

7. Copywriter/Technical Writer/Researcher

Researchers are usually part of the business development department of a real estate firm. They are either technical writers or journalists who have ventured into real estate. Brokers, developers and other types of real estate professionals depend on the data provided by researchers.

Researchers create two types of report on a prospective property: physical, which concerns the building makeup and structures; and economic, which provides forecasts or insight on industry trends, market behavior and financing.

Technical writers are involved in documenting project developments. They have to be adept with construction and planning terminology and concepts.

Copywriters are employed usually by the corporate communications department or business development department of a real estate company.

8. Urban Planner

An urban planner is someone who plans urban development with civic groups, nonprofits and state agencies to improve on the lives of the general public. They design new pathways, buildings and transportation terminals to ease the lives of the city’s inhabitants and to increase tourist receipts in the area.

9. RE Counselor

An RE counselor is not necessarily considered as a career but it is a specialty as well. Counselors are involved mostly in research and analysis and creating economic, fiscal and feasibility studies, but they also perform brokerage, management and appraisal duties. Consultants come in handy for foreigners who wish to invest locally.

10. Real Estate Educator

Real estate educators are crucial in producing the nation’s top real estate agents. They are cogs in the seemingly vast system of the housing industry, keeping it running. Without educators, the industry will be lost, don’t you think?

Like other realtor professionals, educators have would need a real estate license as well. Generally, educators are required to meet the following requirements:

1. Hold a bachelor’s degree from an accredited educational provider
2. Must be licensed as a real estate broker
3. Have been licensed as a broker and practicing for three consecutive years
4. Was able to meet the credit hour requirement for real estate education

Educators find work in career training providers, institutions and colleges. Seasoned ones can land a job as a subject-matter expert or even author a book on practice.

Mark Acantilado currently contribute as an online marketing specialist and researcher for several websites powered by 360training.com Inc. He has been in the field for 1 1/2 years and continuously provide support for the top e-learning provider in the US.