Tuesday, November 9, 2010

Online Newsletter For The Week Ending November 14, 2010

QUOTE: “Today I will cook this delicious recipe for happiness. Take equal parts of faith and courage, add a large spoonful of optimism, mix well with a sense of humour, sprinkle with just a few tears and finally add a large helping of kindness. Bake in a good natured oven, and dust with laughter. Scrape away any self-indulgence that is evident. Now cut into thick slices and serve a portion to everyone that you know.” Lew Smallwood

LATEST NUGGET:  How Are You Doing?  Posted on http://www.nuggetsforthenoggin.com/

IMPORTANT PAPERLESS NOTE: The items marked in RED are considered REQUIRED items therefor the list of forms in RED should be used as a check list to insure you are in fact submitting ALL the forms required. If for some reason the RED forms listed are not applicable, insert a note next to the form indicating why it was not uploaded. In regards to rentals, there is no place to insert the owners email address (at present) and some handwritten email addresses on the bottom of the Listing Addendums are simply too difficult to read correctly. Until the Dashboard is fixed, please type in the owners email address in the note section adjacent to the Listing Addendum Form. Also, the form REDHIBITION has been entered twice, one is for the actual Waiver of Redibition form and the other is for the Explanation of Redhibition. The second will hopefully be removed in the next upgrade.  WHEN TWO AGENTS IN THE MARKET CENTER ARE LISTING AND SELLING AGENTS, both agents need to upload documents specific to their customer such as the Agency Disclosure.  However, only one agent should submit the Greensheet for both agents.

TREMENDOUS RESOURCE SITE BUT ONLY FOR NOVEMBER: Click on this link to access FREE videos, ebooks, articles on Leadership and Effectiveness from some of the best leadership presenters in the business; it will overwhelm you with “stuff”: http://www.leadershipandinfluencesummit.com/ If you complete the sign in, tell them Joe Tye sent you.

TAKE ALGEBRA. WHY? I’LL NEVER USE IT IN REAL LIFE. Article by Jeffrey Gitomer: http://www.gitomer.com/articles/ViewPublicArticle.html?key=ajcdMibak3PfWN0eGMW79w%3D%3D

WHAT SHOULD I TWEET, WHAT SHOULD I POST, HOW SHOULD I LINK? By Jeffrey Gitomer, http://www.gitomer.com/articles/ViewPublicArticle.html?key=ajcdMibak3PBewGQ1g1osg%3D%3D

THE POSITIVE SUCCESS FORMULA, article by Jon Gordon: http://www.jongordon.com/newsletter-110810-positivesuccessformula.html

7 LEAD CAPTURE IDEAS TO C RUSH THE COMPETITION: Article by Lowe’s: http://rismedia.com/lowes/8355/10904

KNOW THE ANTI-TRUST LAW OR GO TO JAIL! Wanted to get your attention. Yes, you can go to jail for violating the Federal Anti-Trust Laws so you MUST make it a practice to study the law. An anti-trust article has been uploaded to http://www.slidellcalendar.com/ in the Document Section in the Legal folder. It takes only a few minutes to read. The “meat” of the article has been hi-lited in RED. KNOW THE LAW!

5 WAYS TO POWER UP YOUR BUYER AND SELLER PRESENTATIONS by Lowe’s: http://rismedia.com/lowes/8355/10910

CONTINUING EDUCATION ONLINE COURSES, for both Louisiana and Mississippi: http://www.mckissock.com/

DECEMBER’S DANGEROUS DECISIONS. Timely article by Rich Levin: http://www.brokeragentsocial.com/article/963/december-s-dangerous-decisions

PAT ZABY RECOMMENDATION. Pat has some great recommendations and/or notices that he emails out to his database, this one involves a WIDE-ANGLE digital camera: http://patzaby.com/emailtemplates/default.aspx?Id=cb3209f9-a4f6-4e96-8a68-24da10889a5b&ContactId=bd538096-1ac0-4855-b244-154fb8184b24

11 STEPS TOWARDS SUCCESS IN BUSINESS from Lowe’s: http://rismedia.com/lowes/8355/10252

BROKER BIT: When confused I typically take the choice that would seem to protect myself the most. There has been a discussion in regards to the use of OWNER/AGENT when you list a property that you own. The following is the actual section of the Rules and Regulations:

§2511. Agent Owner-Licensed Agent

A. A licensed broker or salesperson who offers property in which he or she owns any interest as being for sale or rent shall state in any advertising, and on any sign placed on the property, that he or she is a licensed real estate agent.

B. Any licensed broker or salesperson who advertises, or offers to purchase or rent property for his or her own full or partial interest shall state in any advertisement that he or she is a licensed real estate agent.

C. Including the term "licensed real estate agent" in any advertisement or on any sign shall be sufficient to satisfy this requirement.

D. This Section is not applicable to the sale, rental, or acquisition of property by licensees under a contractual agreement with a licensed Louisiana real estate broker.

HOWEVER, THE RULES AND REGULATIONS ALSO STATE:

§3501. Licensee as Principal in a Real Estate Transaction

A. The license status of a principal in a real estate transaction, whether individually or through an entity in which an interest is held by the licensee, shall be disclosed in writing to all other principals in the real estate transaction prior to entering into any real estate contract

OPINION: In 2511 it clearly states that if you list your personally owned property with a broker you DO NOT have to advise potential customers that you are an agent/owner but then 3501 contradicts that by stating you MUST notify potential customers IN WRITING PRIOR to entering into any real estate contract. How do you do that? Do you create a separate document that states you are a licensed agent and get that signed BEFORE you begin the contract process? I have always taken the position that you disclose up front in all that you do. The Louisiana Real Estate Commission has officially advised me that you do NOT have to include “licensed real estate agent” in your MLS, or on your yard sign if you choose not to and I can accept that. However, I still stand by my opinion that it is far better to be safe than sorry and that would mean disclosing.

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