Continuing Education Classes for 2018

CE Classes in Orange Beach

            CE Classes in Orange Beach

CE Classes at the beach in 2018

Alabama License Law requires all licensees to renew their license prior to August 31 of the renewal year. Since licenses are renewed every other year, on even years, 2018 is our license renewal year.

Continuing Education (CE) Deadlines

Additionally, all licensees are required to complete a minimum of 15-hours continuing education between Oct. 1, 2016 and Sept. 30, 2018. If a licensee does not complete the continuing education requirements by Sept. 30, 2018, their license will automatically [Read more…]

e-Signatures

Our job is to protect the consumer!

SAFE or UNSAFE?

Last week we had a Summit for the Distinguished Real Estate Instructors in St. Louis, Mo. In attendance were the most outstanding real estate educators across the county; from Florida to Canada, Maine to California and all states between. One of the topics discussed was judicial rulings and legal discussions concerning the legalities surrounding the use of e-signature programs. It appears that this is a much larger issue than I initially thought.

Since my mission is to educate, train and protect real estate agents while at the same time protecting the consumer’s best interest, I feel it necessary to make everyone aware that e-signatures are [Read more…]

Understanding Caveat Emptor

 Alabama is Different than most other States…. I can’t say for sure but based on my research, the only states that are still caveat emptor states are Virginia, Arkansas, and Alabama. When a person buys real estate in these three states, they need to fully understand it is their responsibility to make sure they know what they’re getting, that it’s in good condition and works properly. When the buyer does his due diligence to have the property inspected, their legal rights remain in place after closing should some latent structural defect appear. If a buyer elects not to have the proper inspection done, closes on the transaction and then a latent structural defect appears and the buyer sues for damages; numerous Supreme Court cases have ruled in favor of the seller and stated caveat emptor; the buyer is responsibility to inspect the property prior to purchase.

BUYER BEWARE

This is a topic I try to talk about in every class I teach because it is the most important and the least understood law. I intentionally try to scare real estate agents to get them to understand the importance of the law and the effects it has on people buying real estate in Alabama. Today I will tell you how to see the law as it is written, disclose the other states that have the same law, and explain the dangers and remedies associated with caveat emptor.

Caveat Emptor is the law in Alabama…..

The Alabama Supreme Court has held caveat emptor to be the law in a consistent line of cases. Everyone should be on notice that there is no warranty which comes with the sale of a used home.

Real estate agents were taught when completing their educational requirements to get their license that caveat emptor is a Latin [Read more…]

Prototype for Real Estate Sales

MARKET YOURSELF BY BRANDING

One rarely thinks about all the processes an item goes through before it reaches the retail sales arena. I’m not referring to products that are grown, such as fruit and vegetables, but products that are manufactured for consumer use. There are many, many steps between the times a product is envisioned in someone’s mind, until it actually reaches the retail business where it can be purchased. Almost everything stems from a dream or an idea someone had. Next the idea is transferred onto paper as a drawing by a designer to allow others to perceive what the idea looks like and how it will function. The next step is for some engineer to break the item into components to allow the item to be manufactured either as a whole or in parts so that through close tolerances, all parts can be easily assembled to create an item in its entirety. After carefully checking the engineers work for accuracy, the blueprint is sent to a tool and die department to make a prototype; the first complete transformation of an idea into a visible, functioning item. The prototype is then tested many times, using various techniques to ensure it works the way it was intended. Once the prototype has proven to work as intended, the item is then manufactured and sold to consumers. This is a very broad explanation of the processes almost everything we use on a daily basis, comes into existence. Real estate sales follow a similar path in which I would like to explain in some detail.

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What Buyer’s Want and Need to Know

It's Alabama Law

It seems I’ve opened a can of worms already talking about the dangers a buyer of real estate in Alabama faces. You might want to review some of my previous blogs such as “Meaningful Conversations for Alabama Realtors,” or “Establishing Relationships,” or “Just Tell it like it is.”  In all these blogs I explained the importance of disclosing the fact that Alabama is a Caveat Emptor state which places all the responsibility for detecting possible deficiencies in a property prior to closing. All real estate practitioners know the meaning but many don’t seem to understand the impact it has on their clients.

For many years consumers who are buying real estate have asked the question, “Who represents us, and who represents the seller?”  The National Association of Realtors has surveyed thousands of buyers and sellers to determine their satisfaction with representation by a Realtor. By far, buyers are most dissatisfied because it seems everybody represents the seller and no one wants to represent the buyer. Representation can’t be mandated on the National level due to variances in state laws. Since my job is educating people about real estate, primarily in Alabama, and since I live and work in Alabama, this article will be specific to our state.

Alabama law requires….

[Read more…]

Material Misrepresentation—A Legal Issue

Alabama License Law Protects Consumers

Alabama License Law Section §34-27-36 (a) (3).  Making a material misrepresentation, or failing to disclose to a potential purchase or lessee any latent structural defect or any other defect known to the licensee. Latent structural defects and other defects do not refer to trivial or insignificant defects but refer to those defects that would be a significant factor to a reasonable and prudent person in making a decision to purchase or lease.

Let’s examine material misrepresentation in first part of that law. First let’s look at the word material. Many people think material refers to the physical elements that make up a house such as sheet rock, flooring, roofing, wood, windows and etc. [Read more…]