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Citruscitygal
Member
08-07-2003
| Saturday, March 18, 2006 - 2:06 pm
Wish I was there to help. Had a lot of practice moving my parents 3 times and ds 3 times in the last 5 years. I know how much work it is, but it will be beautiful (and paid for!!!). Loving the pics. More please. 
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Bookworm
Member
12-18-2001
| Sunday, March 19, 2006 - 1:51 pm
Glad things are working out for you. I know you are busy this weekend moving, wish I could help too.
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Tabbyking
Member
03-11-2002
| Sunday, March 19, 2006 - 3:01 pm
"wish you were here?" we can be there after june!! is there place for a motorhome while we visit?
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Tabbyking
Member
03-11-2002
| Sunday, March 19, 2006 - 3:04 pm
p.s. i love the sleigh bed!! we had my great-great-grandparents' sleighbed when we were little kids. our house burned down and we lost everything. i would love a sleighbed like our old one. the headboard was about 5 feet high and as little girls my 3 sisters and i would climb all over it. to this day, we all want a real old-fashion high headboard sleighbed.
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Resortgirl
Member
09-23-2000
| Monday, March 20, 2006 - 2:21 am
Tabby, we are a part of an association now, and I don't remember if we allowed motor homes.... *sigh* We didn't think "we'd" be living here. I'll check on it though. We got our bed moved down yesterday so we slept in our new bedroom for the first time. Our old bedroom was 9 x 11 so I had to crawl over hubby to go to the bathroom. This room is HUGE! And I got the side by the bathroom, which is IN our bedroom suite!! We didn't have a closet in our other bedroom either and now I have a large walkin. I can see all my clothes and shoes, and it's awesome. One bad thing, no phone service there yet. So I had to drive down to the old house to get on the computer.... and I couldn't sleep, because "I'm too excited to sleep" LOL! I'm going to head to Bemidji this morning to get bath rugs, towel bars, toilet paper holders, ect.... My kids are coming up next weekend to help move so of the stuff that we can't move ourselves. It's going to be a long week. I plan to move one load a day after work and hopefully by the end of next weekend, I'll be out of this house completely. Tabby, I'm sorry about losing your sleigh bed, it sounds like it had great sentimental value. I hope you get your house sold too!!
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Resortgirl
Member
09-23-2000
| Sunday, June 04, 2006 - 10:17 am
HELP!!!!!!! Ok, now that I have your attention... I need some expert advice, and I'm hoping someone at TVCH is in the real estate business, or a real estate lawyer. We recently sold our property, 4 building pads and our old home to a developer and retained the townhome units that we had built there. We live in one, and have the other on the market. Our realtor, who sold the land and old home showed our empty unit to an aquaintance of mine, unbeknownst to me, and she came over to ask some questions when she found out that I was the owner of the unit we live in. She was told by our realtor that HE owned the other unit, AND that HE was developing the rest of the property. I had an inkling at the closing that he was more involved in the project than just a realtor and it concerned me, because I felt that we may not have gotten as good of a deal if he was actually the one buying the property. The gal that came over today confirmed my fears. He is in business with the developer... Also, we did not have a signed agreement with the realtor until the day he came in with the offer. He predated it and said that was not a problem and that he just hadn't had the time to get the papers to us previously. There was a bit of a skirmish over his commission, he had originally told us 6% and when he made the offer he wanted 7% for the house, and 10% for the land. We settled on 7% for all. As some of you know we were getting desperate, and he knew that.... so he took advantage of that situation. When we did the closing there were a few other problems, one being that he ordered title insurance even though our banker said providing an updated abstract was just as good and about 1/2 the price and our realtor agreed to that and said the buyer was fine with that. But... we were charged for both the title insurance AND the abstract. After some argument (I wouldn't sign) he took the title insurance off. I also asked him for the 3rd time if he had a listing agreement for us to sign to sell the other unit. He said Nah... we have a verbal agreement, and that's enough. SO... this gal (Brittney) wants to buy the unit but was confused as to who actually owns it (our realtor said he did) and I want to know if legally I have to sell it through this absolute snake in the grass.... or can we just sell it to her on our own. Is that legal, ethical??? Do I have any recourse as far as a real estate board if our realtor misrepresented his part in this deal. Wouldn't it be a conflict if he is representing us as the seller and then to buy the property for himself? I know, this is confusing but I need help to know what to do....
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 10:24 am
I have a TX real estate license. Do you have a deed of trust showing that you own the unit? If you have no signed listing agreement with the realtor, you are under no obligation to go through him at all. A verbal agreement is worth the paper it's printed on. In TX a realtor must disclose if he is a party to the transaction. He sounds very unethical. Go over all your documents again and make sure that you did not sign anything over to him unknowingly.
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Resortgirl
Member
09-23-2000
| Sunday, June 04, 2006 - 10:50 am
Ok, Thank you so much Texannie! I will check on that. But I'm 99% sure that there is nothing in the closing that would say that he has any interest in the other unit. Now, if we did tell him that we were not going to have him represent the other unit, and did sell it on our own to Brittany, could he make our lives a living hell out here if he is the developer? Or partners with the developer? Is it worth the $17,000 commission we would have to pay him to make waves and live in a battle ground? I just don't know what to do. Shit, I thought this was all over and done with.
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 11:14 am
What could he do? Do you still have an interest in the property once it's developed?
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Resortgirl
Member
09-23-2000
| Sunday, June 04, 2006 - 11:32 am
Annie, yes we do. We live here. Here's a rundown on the property. There are two homes sharing a common wall... a townhome, twinhome, I'm not sure what they are called in your part of the country, but we own them both and live in one. We sold 4 lots on this property and the old house that we previously lived in. The developer will build 2 more twin/townhomes and remodel the old home and sell that. The remaining 4 acres of property that are not built on will be "common grounds" which can be used by all the owners. I guess what he could do at this point since he owns 5/7ths of the associations property is change bylaws, covenants ect. from the ones that we put in place. We would be outvoted since we only own 2/7ths. He could also block our access to our house with construction debris, trucks ect... I'm sure we could force him to move that, but it's still a hassle. Anyway, I'm probably borrowing trouble here, but it just burns me that he misrepresented himself to us, and now is misrepresenting what he owns to a potential buyer.
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Wendo
Member
08-07-2000
| Sunday, June 04, 2006 - 1:02 pm
Sounds rather shady to me that the realtor didn't disclose his participation in the original transaction. I wish I had the knowledge to help you. But, it does sound like Texannie knows her stuff. Good luck RG!
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 1:45 pm
OK. got a better idea. my first thought is you have nothing in writing as to a listing agreement so he has no standing, but what worries me more is that he is 1. representing himself as the owner of your property 2. he failed to disclose that he was an interested party in the transaction I might contact a real estate attorney or your state real estate commission.
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 2:02 pm
here are some websites that might be helpful http://www.state.mn.us/portal/mn/jsp/content.do?subchannel=-536881740&programid=536905263&id=-536881351&agency=Commerce&sp2=y http://www.weblocator.com/attorney/mn/law/resreal.html http://www.mnrealtor.com/ ok..you do have dual agency laws in MN. and they must be disclosed. http://www.mnrealtor.com/laws/agency.html Agency Law Governmental Regulations Options for Relationships: In Minnesota there are five options for relationships: Seller's Agent: representing and acting for the seller only. May be a listing agent, or any REALTOR® licensed to the listing broker, or a selling subagent. Subagent: a broker or salesperson who is working with a buyer but represents the seller. Buyer's Agent: representing and acting for the buyer only. As with a listing contract with sellers, an agreement for buyer representation must be in writing. Dual Agent: one licensee representing both the seller and the buyer as clients in one transaction, or two agents licensed to the same broker one of whom represents the seller and one of whom represents the buyer in one transaction. This requires full disclosure and informed consent of both parties. Dual agents have a limited role, must not advocate or negotiate for either party, and must not act to the detriment of either party. Facilitator: a real estate licensee who works for a buyer, a seller or both in a transaction but does not represent either in a fiduciary capacity as a Buyer's Broker, Seller's Broker or Dual Agent. Facilitators may perform services for consumers, but do not represent them. Facilitators are bound by license law and common law, but owe only the fiduciary duty of confidentiality unless other fiduciary duties are agreed to between licensee and consumer. Required Forms: Under Minnesota law, a form entitled Agency Relationships in Real Estate Transactions must be presented at first substantive contact to a buyer or seller in any real estate transaction. If there is to be any agency representation, or a nonagency relationship, there must be a written contract with all elements required by statute for the particular agreement. Timing for Disclosures and Contracts: An Agency Relationships in Real Estate Transactions form must be presented to a buyer and seller at first substantive contact with that party. This is a disclosure form, NOT a contract although it does ask for the party's signature as an acknowledgment Listing contracts must be signed before offering/advertising a property for sale or lease Buyer representation contracts must be signed before taking any action to represent a buyer and before a purchase agreement is signed Nonagency Services Agreements must be signed before performing services requiring a license Office Policies: Each Brokerage Company should have a written policy on agency which is distributed to everyone in the office, addressing the following issues: Dual Agency Practice - whether the practice is allowed, if so whether single agent dual agency is allowed, procedures for sales meetings and files to protect against disclosure of confidential information, dual agent behavioral guidelines; Facilitator Practice - whether the practice is allowed, of so facilitator behavioral guidelines; Buyer Representation - whether either Exclusive or Non-Exclusive Buyer Representation Contracts are allowed or just one of these options, process to follow if a consumer wishes to work with an agent in the office after having some contact (or a contract) with another agent; Subagency Practice - whether the brokerage offers subagency as an option for selling brokers, if not, how to handle inquiries or requests from agents acting as subagents whose customers want to see a property listed by the brokerage. Last updated 05/08/06 © 1998-2006 Minnesota Association of REALTORS® Edina, MN. No linking or electronic reproduction without consent.
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 2:05 pm
he might even be in viloation of the RESPA statute http://www.mnrealtor.com/laws/pdfs/RESPAdos_donts.pdf
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Texannie
Member
07-16-2001
| Sunday, June 04, 2006 - 2:17 pm
National Association’s Code of Ethics http://www.realtor.org/MemPolWeb.nsf/pages/COde Article 1 When representing a buyer, seller, landlord, tenant, or other client as an agent, REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. (Amended 1/01) Standard of Practice 1-1 REALTORS®, when acting as principals in a real estate transaction, remain obligated by the duties imposed by the Code of Ethics. (Amended 1/93) Standard of Practice 1-5 REALTORS® may represent the seller/landlord and buyer/tenant in the same transaction only after full disclosure to and with informed consent of both parties. (Adopted 1/93) Standard of Practice 1-13 When entering into buyer/tenant agreements, REALTORS® must advise potential clients of: the REALTOR®’s company policies regarding cooperation; the amount of compensation to be paid by the client; the potential for additional or offsetting compensation from other brokers, from the seller or landlord, or from other parties; any potential for the buyer/tenant representative to act as a disclosed dual agent, e.g. listing broker, subagent, landlord’s agent, etc., and the possibility that sellers or sellers' representatives may not treat the existence, terms, or conditions of offers as confidential unless confidentiality is required by law, regulation, or by any confidentiality agreement between the parties. (Adopted 1/93, Renumbered 1/98, Amended 1/06) **Article 4 REALTORS® shall not acquire an interest in or buy or present offers from themselves, any member of their immediate families, their firms or any member thereof, or any entities in which they have any ownership interest, any real property without making their true position known to the owner or the owner’s agent or broker. In selling property they own, or in which they have any interest, REALTORS® shall reveal their ownership or interest in writing to the purchaser or the purchaser’s representative. (Amended 1/00) Article 9 REALTORS®, for the protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase contracts, and leases are in writing in clear and understandable language expressing the specific terms, conditions, obligations and commitments of the parties. A copy of each agreement shall be furnished to each party to such agreements upon their signing or initialing. (Amended 1/04) Standard of Practice 9-1 For the protection of all parties, REALTORS® shall use reasonable care to ensure that documents pertaining to the purchase, sale, or lease of real estate are kept current through the use of written extensions or amendments. (Amended 1/93) Standard of Practice 12-4 REALTORS® shall not offer for sale/lease or advertise property without authority. When acting as listing brokers or as subagents, REALTORS® shall not quote a price different from that agreed upon with the seller/landlord. (Amended 1/93)
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Max
Moderator
08-12-2000
| Sunday, June 04, 2006 - 4:20 pm
Texannie has given you some very good resources. I would definitely consult with a lawyer whose are of expertise is real estate. It would be worth at least a consultation fee to check this out completely. Bottom line, trust your gut. If he's representing himself as the owner of YOUR property, that's a problem. I'd be worried that there may be more shady stuff going on and act quickly to ensure that everything currently is as you thing it is. Once assured of that, I'd be doing whatever it takes to disassociate myself from this character.

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Resortgirl
Member
09-23-2000
| Monday, June 05, 2006 - 2:20 am
Thank you again Annie. I'm going to talk to a real estate broker that is on our board of directors today to find out what my options are. I just don't want to do anything morally unethical.. I normally would stand by my verbal agreements, but I'm really uncomfortable about the way he is representing himself and in fact I was doing a little sleuthing online and found that he had our property listed on a website, not his, for a price that we had never talked about. He may be listing it for the new owner, but I feel that he should tell us if the new owner has decided not to develop it and that it's on the market again. We do live here after all and have a financial interest in the property.
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Texannie
Member
07-16-2001
| Monday, June 05, 2006 - 7:08 am
something is really off. good luck!
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Resortgirl
Member
09-23-2000
| Wednesday, June 07, 2006 - 5:19 pm
Annie, a couple more questions. When we signed the predated listing agreement it was for the entire property. Now that we've sold just a portion of the property would a new listing agreement need to be put into place for what is left to sell? He also dated the first listing agreement to start on 2/1/06 and to end on 2/1/06, which we never noticed because we signed it the same day we signed the purchase agreement, but now he's saying although its a clerical error, if we want out of it, we have the right. We don't want to screw him over, but we do want out. We are just hoping that the original listing agreement is null and void because of the change of what we are now selling. Can you help?
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Texannie
Member
07-16-2001
| Thursday, June 08, 2006 - 12:02 am
Predated? what do you mean? The terms of the contract have changed. Unless there were written provisions in the contract for the sale of part of the property, it should be null. The description of the property has changed also.I would check with a real estate attorney though. The original listing agreement was to be for a year? wow. that's long. It sounds like he is being gracious about the clerical error though. You do have all your deeds of trusts? Have you gotten a new land platt or survey? I would make sure you had a legal document that showed what you own (do you own it outright?) and what is available for sale.
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Resortgirl
Member
09-23-2000
| Thursday, June 08, 2006 - 1:46 am
Maybe that term is incorrect... we signed the listing agreement on March 25th, but he dated it Feb 1st. So he actually was showing the property and advertising it before there was a listing agreement in place. That's how the commission got changed from what we first agreed upon. When he came to make the offer (and we were desperate for an offer) he raised the commission rate and put the new rate on the listing agreement. Creep...I already have a pile of emails from him since I told him that I was unhappy with the way he was doing things. He also is calling me at work even though I told him I can't talk at work because I'm swamped. He's worried about something, and I don't think it is the $18,000 he stands to lose if we fire his ass. I think he knows he did something wrong and doesn't want us to go to a higher authority. Who knows though... Yes Annie we do own the two homes outright.
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Texannie
Member
07-16-2001
| Friday, June 09, 2006 - 12:11 am
I really think you need a good real estate attorney. Everything he has done just screams unethical if not illegal. I have never heard of someone acting as an agent on a property (unless representing the buyer) without a contract. Commission are negotiable and he would have to show the final commission agreed upon on the actual sales contract. If it was changed on the listing agreement, do all parties initial the change? I am confused as to which properties he is telling the potential buyer he owns. This just screams misrepresentation. I would absolutely stop dealing with this man until everything is all cleared up. I might also get another agent or real estate attorney to represent you. If this man has a legitimate contract to bring to you, he can bring it through the new agent. He will still earn a commission as the agent representing the buyer. I am still really concerned that he is breaking dual agency laws by representing both you and the buyer on that last sale without disclosing it. Again, I really think you need a good real estate attorney.
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Resortgirl
Member
09-23-2000
| Saturday, June 17, 2006 - 1:46 am
Heres the scoop. WE didn't sign a new purchase agreement with the realtor, although he is so damn good at answering to all our complaints. He's apologetic when he thinks that's what is necessary and seems to have an explanation for everything. My 15 year old told me the other day that the first time he met the realtor he thought he was "sneaky"... lol, out of the mouths of babes. And my daughter pointed out that he used the same tactics as my first husband. Charm and denial... and sometimes I almost feel like I'm the one who's nuts and start second guessing the things I know as fact! Anyhoo, we don't have anyone representing us at the moment, however we do have a buyer who wants to sign a purchase agreement with us on Monday. We contacted our attorney and he will help us with the PA and also the closing, since it's a cash deal. It is contingent on the sale of her home, and we will give her 4 months. If for some reason that falls through, we will be back at square one, but she has indicated that she really wants the property and will find a way to purchase it even though her house doesn't sell in those 4 months. Must be nice to have lots of money huh? Her house, which I went to see on Thursday is beautiful. It's on the market for $700,000. And although its larger then the one she would be buying she seems fine with that. Her property is huge and unmanageable for a single mom, and she wants to downsize. Cross your fingers that it works out. I think she will be an awesome neighbor. WE have tons in common, the biggest being that we are both adopted children. When the realtor finds out that we sold to her I'm sure there will be some backlash, but I feel ok about the decision. He burnt his bridge and in fact she indicated that she probably would opt out of the deal if he was representing us since she thought he was a snake....
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Texannie
Member
07-16-2001
| Saturday, June 17, 2006 - 2:24 am
What kind of earnest money is she putting down? I am just curious as to what his explanations were..you can email me if you want. I think I would still report him to your state commission.
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Resortgirl
Member
09-23-2000
| Monday, June 19, 2006 - 6:29 am
Annie, she's putting down $5000 in earnest money. We chatted this morning and she is thinking about purchasing the house sooner, even if hers doesn't sell right away. That would be a dream scenario for me, but my dreams don't usually come to fruition. Not that easy anyway. So we'll see. Our realtor said he always talks like he is in charge of a developement and NeveR mentions that there are more then one owner involved. It confuses people he says. He also said that our property was up on the MLS months earlier, that we just must not have seen it. Whatever! He told us that he always points out the flaws in a home before the potential buyer does, and actually I have heard of that type of selling tactic before. Sounds stupid to me, but maybe it is the best way. He also said that if someone makes a stupid comment like, "are they going to do something to fix up the beach" he'll tell them a smart ass answer like, "Oh yes, there will be gold lame' covering the rocks" Which I also think is horrible... and I don't think the question was stupid anyway... but he does what he does. As far as treating us poorly, he apologized and said he had a bad week. As far as telling us HE would take up the concrete, he said he had a bad week of bobcatting... Big dork! Anyway. I may still report him, but I want to get through the sale of this house first. I just believe that he will cause trouble otherwise.
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