QUOTE: “Dear God. Please give me a fat bank account and a thin body for 2011. And, please don't mix these up like you did last year. AMEN!” Carol Poems said it but is uncertain who said it first.
IMPOMRTANT BROKER BIT ON CHECKING EMAILS. The www.ReadForAChange.com email is certainly not something that is REQUIRED reading but ought to be; it contains a lot of great content most of which is NOT written by me (some is like in this one). My concern as your Designated Broker, responsible for your licensed activities is that oftentimes there is Compliance issues contained in the weekly newsletter or the compliance issues are sent separately under the heading of IMPORTANT. A great feature of my email program (or maybe not) is that it reports on HOW MANY PEOPLE OPEN THE EMAIL. The 20/80 rules seems to apply. About 20% open it; 80% don’t. That’s scary when the content may contain something that helps to keep you legal or even more importantly, may chalk up another sale in your closed sale column. Studies have clearly shown that people who use emails and voice mail messages expect an response within hours or they may go somewhere else for their real estate needs. For those who are NOT checking their email on a regular basis like 2 or 3 times a day, what other information are you missing? Over the weekend I had two friends email me about buying real estate in our area. If I did not respond, do you think they would wait forever? Doubt it!
WARNING – NOT FOR THE FAINT OF HEART; IT COULD APPLY TO YOU. GYMBEAUX’S LATEST NUGGET, YOUR MOTHER’S EXPERT ADVICE, posted on www.NuggetsForTheNoggin.com.
THE LOST OPPORTUNITY YOUR SEMINAR NOTES. WHAT DO YOU DO (NOW)? By Jeffrey Gitomer, http://www.gitomer.com/articles/View.html?id=16006
BLOGGING AND INTELLECTUAL PROPERTY LAW. Or in other words, COPYWRITING. This is one of the best explanations I have ever read, it comes from the www.LegalZoom.com folks. As you read it, keep in mind that LegalZoom is a business looking for customers but with that said, copywriting your work is a good idea. Check out the article on http://www.legalzoom.com/intellectual-property-rights/copyrights/blogging-and-intellectual-property-law?
A MARKT CENTER BLOG “FOR AGENT’S ONLY?” You got it. This is your chance to post information that you think would benefit other agents in our market center. Something go wrong, what did you do to remedy the situation; inquiring minds want to know. What new market or advertising strategy is working for you; what is not working? Someone may be able to comment to make it work for you. This is YOUR blog to post YOUR ideas, concerns, struggles. Check it out, use it. You can access directly by going to http://kwrpagents.blogspot.com/ or you can always access from the HOME PAGE on www.SlidellCalendar.com
CREATIVITY IS NOT DEAD AFTER ALL: When Mr. Jim Barthelman, 5th grade teacher in the tiny village of Quinhagak, Alaska suggested a video as a class project, he thought the students would have friends and family a viewers. Little did they know that their delightful and creative presentation of the Hallelujah Chorus would be seen by millions of viewers around the world after going viral. Watch and find out why! http://www.sonnyradio.com/hallelujah.html
HOW TWO SIMPLE SENTENCES GENERATED FIVE REFERRALS by Joe Stumpf. This is a very short but powerful word document on http://www.slidellcalendar.com/ in the Document Section in the Marketing Folder; you will want to at least try this, you have nothing to lose.
WHAT WOULD VISITORS TO YOUR SITE OR LINKS SAY IF YOU HAD A VIDEO LIKE THIS ONE? http://www.youtube.com/watch?v=tRFjSMMSBQI&feature=related DONE DEAL!
CHECK OUT THE KELLER WILLIAMS REAL ESTATE AGENT REPELLANT REPELLER. http://www.youtube.com/watch?v=xR-R4zDKxdA&feature=related
YOU CAN’T SEND A DUCK TO EAGLE SCHOOL. (Gymbeaux Note: You actually CAN send a Duck to Eagle School; the question is will the Duck pay attention and learn anything.) Here is a very short video that applies to all of us but some more than others (buy as stated above, they probably didn’t open this newsletter to even read it; I’m just saying….). Please take just 3 minutes to watch this video. Here is my offer after watching. I have over 30 years experience in the real estate business, in sales, management and ownership, not to mention some successes and some failures – been there done that!. I don’t know everything and what I don’t know I will tell you so. With what I do know I can help you if help is what you are looking for as this short video will suggest. Check it out. If you want to talk, you know how to reach me JimBrown@gymbeaux.com. Video link: http://www.eagleschoolmovie.com/?cm_mmc=CheetahMail-_-Corp-_-01.21.11-_-YCSDMovie&utm_source=CheetahMail&utm_campaign=YCSDmovieCorp
GO FIGURE: This year we will experience 4 unusual dates.... 1/1/11, 1/11/11, 11/1/11, 11/11/11 ......... So figure this out.... take the last 2 digits of the year you were born plus the age you will be this year and it WILL EQUAL .... 111
A CLEAN GETAWAY, NEW ORLEANS AREA HOUSE CLEANING SERVICE AT A GOOD PRICE: http://livingsocial.com/deals/18910-house-cleaning?msdc_id=59&ref=NOLADeal012411_59_1336email
HATE TO BE AN “I TOLD YOU SO”, BUT I HAVE BEEN SAYING THIS FOR AT LEAST 5 YEARS, DON’T KNOW MANY WHO ARE ACTUALLY DOING IT, PITY. 6 WEB STRATEGIES FOR WORKING NEIGHBORHOODS. Provided by Lowe’s: http://rismedia.com/lowes/8355/12288
ON THE LIGHTER SIDE. If this does not bring a smile to your face and maybe even a tear in your eye, nothing will. Check out the Preacher and the Zipper: http://www.youtube.com/user/billybobjr705
POSITIVELY CONTAGIOUS! If you want to be motivated in the right direction, you may want to consider signing up to receive Jon Gordon’s emails which you can do if you follow this link. The question is this: Are you qualified to be the Chief Energy Officer for our Market Center. There should be over 80 Chief Energy Officers in our company; are you one? http://www.jongordon.com/newsletter-012411-positively-contagious.html
JON GORDON’S TOOLS FOR SUCCESS. Links to various Jon Gordon resources, action plans based on the books he has written and much more. Good stuff as usual from Jon:
http://www.jongordon.com/actionplans.html
CLASSICAL GUITAR CONCERT AT THE DUBISSON ART GALLERY IN OLD TOWN. Follow the link for more info: http://campaign.r20.constantcontact.com/render?llr=q9bzuldab&v=001Akwh5HY8vpy4mWvyuvPGsTK2inhnmFYkFDX_RhwmkQ_xJPwCCcM_WObfhlk21hoN1x0GJ0TZkVuoEtzgyTDv50arum1plnJgBRdf9H7lwWZcdLFgtIwpxw%3D%3D
THE PERILS OF DISCOUNTING, article provided by http://www.salesdog.com/. While this article is written regarding sales in general and not real estate, the same principle applies. When agents begin discounting commissions that are telling the world that they “are not worth what they typically charge”. Is that the message you want to send? Do you want your personal real estate business to be profitable? If so you need to know the “cost of the sale”. Without this knowledge you may be working for nothing. http://www.salesdog.com/newsletter/2011/nl0510.htm
TODAY I WILL CONTINUE TO REFLECT ON THE POWER OF BELIEFS, by Lew Smallwood.
Sign up to follow Lew on his Facebook page: http://www.facebook.com/lew.smallwood. I read Lew's ezine and Gmail Buzz every day.
Today I will continue to reflect on the power of beliefs. I read once that we are simply thought machines. While I realize there’s more to human beings than that, we are the only species on the planet capable of rational thought. We both allow and absorb beliefs from our cultural environment and we also create our own unique beliefs by the thoughts we dwell on. The more we think about something the more likely it is to solidify into a belief. That’s not to say that all thoughts inevitably become beliefs, although they can and they frequently do. The repetition of any thought can eventually focus the mind more and more so that the thought seems more acceptable, real, and believable. If repetition is the mother of learning, repeatedly dwelling on any thought is the mother of beliefs. Our thoughts only exist as representations in consciousness, and our beliefs only exist as validation of those representations. My mind doesn’t have an internal quality control mechanism for weeding out stupid, ridiculous, or harmful beliefs; therefore I need to take care with what I allow myself to think because I may be building a belief.
Our beliefs can be said to act as traffic lights for manifesting our dreams. When the lights are green or in other words when our beliefs and dreams are a match, we can move forward to our destination. When the lights are red; that is when our beliefs and dreams are a mismatch, we are unable to move forward. How does this work? And more importantly how can we change the lights from red to green so we can move more quickly to claim our dreams? I think it is about aligning our thoughts with our beliefs, energizing them with emotion and then taking the correct action.
1. Beliefs. We speak here about the fundamental and important building blocks of life. Some of our beliefs are apparent to us; however many like the foundations of a building, are hidden from immediate view and we have to dig deep within to uncover them. Beliefs operate as self-validating constructs; this explains their immense power and also their potential danger. Once installed, a belief functions as part of our perception system and therefore filters out everything that does not fit with it. In this way, beliefs are blind.
2. Thoughts. It’s not possible to direct our thoughts and centre them for any period of time on any dream that doesn’t match our beliefs. Try it, and you will find as I have that your thoughts quickly drift. As a result it’s not possible to create the clarity required to charge your thoughts with emotion. It’s our emotions that move us, not just our thoughts. However that said, all our thoughts are dynamic and seek to transform to their physical equivalent, so we must be watchful about aligning our thoughts with our beliefs. (Gymbeaux Note: Planting the seeds of weeds.)
3. Feelings. Whenever we soak our thoughts in emotion we supercharge them. I’ve been thinking a lot lately about the role of our emotions and also the deeper moods in which we all live that inform what’s possible for us in life. And in particular about how they act as prompts and precursors for achievement. For me emotions are the juice that energizes my dreams. My daughter says that feelings clear ‘fuddles’ I have no idea exactly what that means except that she wanted me to include it in this article.
4. Action. As I observe and examine my own life it is apparent to me that whenever my beliefs, thoughts and emotions are aligned I then take appropriate action to manifest my dreams and desires. And when I take action, when I am in motion with processional effects, I think of them as serendipitous events that occur and then enhance and further open my life to receive my good. The universe responds to action.
5. Results. When our beliefs, thoughts and feelings are aligned we can move forward and results occur quickly. When they aren’t aligned we become stuck and we can then simply spin our wheels. The way to create any outcome in life is to dwell on the vision of our deepest desires. And at the same time take action. By doing this, tension is created between our current state and our desired state. This tension is the primary force behind the manifestation of any outcome or result. It's as natural and powerful as the force of gravity. And in all this please remember that the most splendid achievement of all in life is the constant striving to surpass yourself and be worthy of your own approval. May all your lights be green!
Tuesday, January 25, 2011
Wednesday, January 19, 2011
Online Newsletter for the Week Ending January 24
QUOTE: "The future belongs to those who believe in the beauty of their dreams." Eleanor Roosevelt. I say BELIEVE!
STOP THE PRESSES; THIS IS CRITICALLY IMPORTANT INFORMATION: If you are the owner of real estate and as stated before, you place your property on the market with you as the listing agent, your E&O Coverage will NOT cover you should legal action be taken on the transaction. MORE IMPORTANT THAN THAT, if YOU own the property, you are PROHIBITED from serving as a DUAL AGENT IN ANY CAPACITY BECAUSE YOU ARE AN OWNER. Here is the specific article in the Louisiana Agency Rules & Regulations:
Paragraph 3897, G. A licensee shall not be considered as acting as a dual agent if the licensee is working with both buyer and seller, if the licensee is the seller of property he owns, or if the property is owned by a real estate business of which the licensee is the sole proprietor and agent. A dual agency shall not be construed to exist in a circumstance in which the licensee is working with both landlord and tenant as to a lease which does not exceed a term of three years and the licensee is the landlord.
NEW VERSIONS OF OLD FORMS UPLOADED TO WWW.SLIDELLCALENDAR.COM
Agreement to Purchase, required to be used as of January 1, 2011
Agency Customer Information (formerly Agency Disclosure) dated October 10. 2010
Lead Base Paint Pamphlet, dated 2011, in color
Lead Base Paint Single Page, 2011
Listing Agreement Addendum January 2011 (removed reference to Deposits and Commission)
ONE WORD THAT WILL CHANGE YOUR LIFE, the hits just keep coming from Jon Gordon, try this one, ‘you’ll like it!” http://www.jongordon.com/newsletter-011711-one-word.html
THE PLEDGE OF ALLEGIANCE LIKE YOU HAVE NEVER HEARD OR SEEN IT BEFORE; it will (or should) move you (1969). http://media.causes.com/604250?p_id=42563578
THE FOUR TIERS TO SOCIAL MEDIA SUCCESS provided by Lowe’s, http://rismedia.com/lowes/8355/12115
HOW TO GUIDE YOUR CLIENTS ON APPRAISALS, provided by Lowe’s: http://rismedia.com/lowes/8355/12144
5 WAYS TO USE YOUR MOBILE TO YOUR ADVANGE from Lowe’s, http://rismedia.com/lowes/8355/11709
JUMP START YOUR MARKETING BY SIGINING UP YOUR CUSTOMERS FOR THE LOWE’S NEWSLETTER, FREE; http://rismedia.com/lowes/8355/9310
THE SECRETS OF SUCCESS RIGHT NOW! From SalesDog.com. http://www.salesdog.com/newsletter/2011/nl0509.htm
STOP THE PRESSES; THIS IS CRITICALLY IMPORTANT INFORMATION: If you are the owner of real estate and as stated before, you place your property on the market with you as the listing agent, your E&O Coverage will NOT cover you should legal action be taken on the transaction. MORE IMPORTANT THAN THAT, if YOU own the property, you are PROHIBITED from serving as a DUAL AGENT IN ANY CAPACITY BECAUSE YOU ARE AN OWNER. Here is the specific article in the Louisiana Agency Rules & Regulations:
Paragraph 3897, G. A licensee shall not be considered as acting as a dual agent if the licensee is working with both buyer and seller, if the licensee is the seller of property he owns, or if the property is owned by a real estate business of which the licensee is the sole proprietor and agent. A dual agency shall not be construed to exist in a circumstance in which the licensee is working with both landlord and tenant as to a lease which does not exceed a term of three years and the licensee is the landlord.
NEW VERSIONS OF OLD FORMS UPLOADED TO WWW.SLIDELLCALENDAR.COM
Agreement to Purchase, required to be used as of January 1, 2011
Agency Customer Information (formerly Agency Disclosure) dated October 10. 2010
Lead Base Paint Pamphlet, dated 2011, in color
Lead Base Paint Single Page, 2011
Listing Agreement Addendum January 2011 (removed reference to Deposits and Commission)
ONE WORD THAT WILL CHANGE YOUR LIFE, the hits just keep coming from Jon Gordon, try this one, ‘you’ll like it!” http://www.jongordon.com/newsletter-011711-one-word.html
THE PLEDGE OF ALLEGIANCE LIKE YOU HAVE NEVER HEARD OR SEEN IT BEFORE; it will (or should) move you (1969). http://media.causes.com/604250?p_id=42563578
THE FOUR TIERS TO SOCIAL MEDIA SUCCESS provided by Lowe’s, http://rismedia.com/lowes/8355/12115
HOW TO GUIDE YOUR CLIENTS ON APPRAISALS, provided by Lowe’s: http://rismedia.com/lowes/8355/12144
5 WAYS TO USE YOUR MOBILE TO YOUR ADVANGE from Lowe’s, http://rismedia.com/lowes/8355/11709
JUMP START YOUR MARKETING BY SIGINING UP YOUR CUSTOMERS FOR THE LOWE’S NEWSLETTER, FREE; http://rismedia.com/lowes/8355/9310
THE SECRETS OF SUCCESS RIGHT NOW! From SalesDog.com. http://www.salesdog.com/newsletter/2011/nl0509.htm
Tuesday, January 11, 2011
Online Newsletter for the Week Ending January 14, 2011
QUOTE: "A king does not abide within his tent while his men bleed and die upon the field. A king does not dine while his men go hungry, nor sleep when they stand at watch upon the wall. A king does not command his men's loyalty through fear nor purchase it with gold; he earns their love by the sweat of his own back and the pains he endures for their sake. That which comprises the harshest burden, a king lifts first and sets down last. A king does not require service of those he leads but provides it to them. He serves them, not they him... A king does not expend his substance to enslave men, but by his conduct and example makes them free." Steven Pressfield, Gates of Fire via Joe Tye’s newsletter
NEW NUGGET FOR THE NOGGIN: $8.30 TO FAX A DOCUMENT; OUTRAGEOUS by yours truly. www.NuggetsForTheNoggin.com
NEW KW EDGE PROGRAM: Here a link to where you can learn about the soon to be available Keller Williams Edge Platform that will be available to all KW agents: http://www.kw.com/kw/pressrelease.html?pressReleaseId=142
THE ONE RESOLUTION THAT YOU NEED TO MAKE, great article by Jon Gordon. http://www.jongordon.com/newsletter-011011-one-resolution.html
5 BAD EMAIL MARKETING HABITS YOU MUST KICK, by Jason Jacobson
http://www.raintoday.com/pages/6628_5_bad_email_marketing_habits_you_must_kick.cfm
IF YOU EVER HAD A SELLER TURN DOWN A GOOD OFFER THEN READ THIS by Christy Crouch, http://www.brokeragentsocial.com/article/1049/if-you-039-ve-ever-had-a-seller-turn-down-a-good-offer-then-read-this
HOSTING A CONSUMER SEMINAR? 11 TIPS FOR GETTING YOUR PRESENTATION RIGHT THE FIRST TIME. Applies just as easily to a listing presentation. Provided by Lowe’s. http://rismedia.com/lowes/8355/11967
EXCELLEN T READ: 5 PITFALLS OF DISTRESSED REAL ESTATE LISTINGS. This should be a must read for every. Great article by Bernice Ross: http://www.inman.com/buyers-sellers/columnists/berniceross/5-pitfalls-distressed-real-estate-listings
2011 PREDICTIONS FOR SALES PEOPLE, the gems keep coming from Jeffrey Gitomer: http://www.gitomer.com/articles/ViewPublicArticle.html?key=ajcdMibak3O3bzabMIbCgQ%3D%3D
3 SIMPLE TIPS TO TAKE THE FEAR OUT OF COLD CALLING, provided by Lowe’s: http://rismedia.com/lowes/8355/12073
BROKER BITS
PAPERLESS NOTE
Please upload your documents as you complete them. When you wait until a sale has been closed there is no way to review the documents and get corrections that need to be made after-the-fact. This is for your protection to have an extra set of eyes looking at your paperwork. But once closed it would be impossible to track down buyers and sellers to get initials, signatures, missing forms, etc.
VERY IMPORTANT INFORMATION REGARDING E&O INSURANCE COVERAGE
PROPERTY MANAGEMENT AND E&O COVERAGE: The following is an explanation of E&O coverage for both Louisiana and Mississippi when an agent is engaged in property management activities:
FOR LOUISIANA
The Commission refers to "real estate activities" and that includes property management BUT ONLY THOSE ACTIVITIES THAT WOULD OTHERWISE REQUIRE A REAL ESTATE LICENSE TO PERFORM. Therefore in Louisiana you are covered by E&O for property management but if you are being sued for activities that otherwise would NOT require a license to do, your coverage will NOT cover you. If you use your Louisiana license to acquire a Mississippi license you are covered by your Louisiana coverage and do not need a property management endorsement on your policy.
FOR MISSISSIPPI
Mississippi does not have the same language as Louisiana and therefore if you are going to engage in property management you need a property management endorsement on your E&O Policy for Mississippi. Failure to obtain the endorsement means you are naked in regards to coverage.
ERRORS & OMISSIONS INSURANCE COVERAGE: It is critical that you understand what your E&O Insurance DOES NOT COVER. It is also important to understand that you CAN obtain increased coverage by selecting one or more of the options provided by the insurance company to further protect you and your real estate business. The following is extracted from the RISC Insurance Coverage indicating what is NOT covered:
VI. EXCLUSIONS
This insurance does not apply to any Claim alleging, arising from or related to:
A. fraudulent, dishonest, criminal or malicious acts committed by the Insured, at the Insured’s direction or with the Insured’s knowledge, or by anyone for whose acts the Insured is legally responsible;
B. the insolvency of the Insured;
C. the failure to pay, collect or return insurance premiums, escrow monies, earnest money deposits, security deposits, tax money or commissions;
D. the wrongful termination of employment, breach of an employment contract, or other employment disputes;
E. bodily injury, sickness, disease, mental anguish, pain or suffering, emotional distress or death of any person;
F. physical injury to, destruction or loss of use of tangible property;
G. unfair competition, piracy, advertising injury or theft or wrongful taking of concepts or other intellectual property;
H. libel, slander, defamation of character, disparagement, detention, humiliation, sexual harassment, false arrest or imprisonment, wrongful entry or eviction, violation of the right to privacy or malicious prosecution, personal injury or other invasion of rights to private occupancy;
I. discrimination on the basis of race, color, creed, national origin, sex, religion, age, sexual preference, marital status, any mental or physical handicap or disease or any other unlawful discrimination category;
J. Professional Services relating to property:
1. developed or constructed by, or
2. more than 25% owned by, or
3. purchased or attempted to be purchased by an Insured or by the spouse of an Insured or by any entity, corporation, partnership or trust in which the Insured or spouse of an Insured owns or controls more than 25% financial interest; however, this exclusion does not apply to:
(a) any Claim arising from the sale of property acquired by the Insured pursuant to a guaranteed sale listing contract. The guaranteed sale listing contract must be a written agreement between the Insured and the seller of a property in which the Insured agrees to purchase the property if it is not sold under the listing agreement in a specified time. For coverage to apply, the Insured must hold title to the property for less than one (1) year and must continually offer it for sale; or
(b) transactions in which:
(i) the property is listed by an Insured who is not the property owner, builder or developer, and
(ii) the property is advertised, marketed, and promoted by an Insured who is not the property owner, builder or developer, and
(iii) all Professional Services related to the transaction, including the sale or closing on the property, are conducted by an Insured who is not the property owner, builder or developer, and
(iv) the transaction would otherwise be covered by this policy.
K. violation of the Employee Retirement Income Security Act of 1974, the Securities Act of 1933, the Securities Exchange Act of 1934 or any state Blue Sky or securities laws, or amendments thereto;
L. failure by an Insured to provide or maintain insurance;
M. the Insured’s activities as a lawyer, title agent, mortgage banker, mortgage broker or correspondent, escrow agent, construction manager, property developer or insurance agent;
N. activities involving property syndication, limited partnership or real estate investment trusts in which any Insured has, or had, a direct or indirect interest in the profits or losses;
O. liability assumed by any Insured under any contract, indemnity agreement, purchase agreement, hold harmless clause or other similar agreement unless such liability would have attached to the Insured in the absence of such contract; G-144146-A17 (Ed. 11/07) 4
P. based on or arising out of:
1. pollutants whether suddenly or over a long period of time: the actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants into or upon the land, atmosphere, watercourse, or any body of water; or any injury, damage, payments, costs or expense incurred as a result of any testing for, monitoring, removal, containment, treatment, detoxification, neutralization or cleanup of pollutants.
2. any nuclear reaction, nuclear radiation or radioactive contamination, or any act, condition or pollution incidental to the foregoing. As used in this Exclusion, pollution includes the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
Q. This policy does not apply to any claim based on or arising out of lead, whether or not the lead was at any time airborne as a particle; contained in or formed a part of a product, structure or other real or personal property; ingested or inhaled or transmitted in any fashion; or found in any form whatsoever.
R. This policy does not apply to any claim based on or arising out of asbestos, whether or not the asbestos was at any time airborne as a fiber, particle or dust; contained in or formed a part of a product, structure or other real or personal property; carried on clothing; ingested or inhaled or transmitted in any fashion; or found in any form whatsoever.
S. whether suddenly or over a long period of time:
1. the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or
2. the actual or alleged failure to detect, report, test for, monitor, clean-up, remove, contain, dispose of, treat, detoxify or neutralize, or in any way respond to, assess the effects of or advise of the existence of; any Fungi, or of any spores, mycotoxins, odors, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of Fungi. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the Damages claimed.
T. whether suddenly or over a long period of time:
1. the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or
2. the actual or alleged failure to detect, report, test for, monitor, clean-up, remove, contain, dispose of, treat, detoxify or neutralize, or in any way respond to, assess the effects of or advise of the existence of; any Microbes, or of any spores, mycotoxins, odors, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of Microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the Damages claimed.
U. injury or damage expected or intended by the Insured;
V. disputes over commissions between real estate brokers and/or salespersons or disputes over commissions involving lawsuits initiated by the Insured. This exclusion does not apply to disputes over commissions involving counterclaims filed with the approval of the Company.
W. negligent acts, errors or omissions committed or alleged to have been committed either (1) prior to the date the Insured received an active real estate license or (2) subsequent to the effective date of suspension, revocation or inactive status of the Insured’s real estate license;
X. any fines, penalties, assessments, punitive damages, exemplary damages or multiplied damages, or matters deemed uninsurable under applicable law; or
Y. conversion, misappropriation or commingling of funds or other property; or
Z. the Insured’s activities as an appraiser, if the appraisal activity performed requires licensing or certification, other than a real estate license.
NEW NUGGET FOR THE NOGGIN: $8.30 TO FAX A DOCUMENT; OUTRAGEOUS by yours truly. www.NuggetsForTheNoggin.com
NEW KW EDGE PROGRAM: Here a link to where you can learn about the soon to be available Keller Williams Edge Platform that will be available to all KW agents: http://www.kw.com/kw/pressrelease.html?pressReleaseId=142
THE ONE RESOLUTION THAT YOU NEED TO MAKE, great article by Jon Gordon. http://www.jongordon.com/newsletter-011011-one-resolution.html
5 BAD EMAIL MARKETING HABITS YOU MUST KICK, by Jason Jacobson
http://www.raintoday.com/pages/6628_5_bad_email_marketing_habits_you_must_kick.cfm
IF YOU EVER HAD A SELLER TURN DOWN A GOOD OFFER THEN READ THIS by Christy Crouch, http://www.brokeragentsocial.com/article/1049/if-you-039-ve-ever-had-a-seller-turn-down-a-good-offer-then-read-this
HOSTING A CONSUMER SEMINAR? 11 TIPS FOR GETTING YOUR PRESENTATION RIGHT THE FIRST TIME. Applies just as easily to a listing presentation. Provided by Lowe’s. http://rismedia.com/lowes/8355/11967
EXCELLEN T READ: 5 PITFALLS OF DISTRESSED REAL ESTATE LISTINGS. This should be a must read for every. Great article by Bernice Ross: http://www.inman.com/buyers-sellers/columnists/berniceross/5-pitfalls-distressed-real-estate-listings
2011 PREDICTIONS FOR SALES PEOPLE, the gems keep coming from Jeffrey Gitomer: http://www.gitomer.com/articles/ViewPublicArticle.html?key=ajcdMibak3O3bzabMIbCgQ%3D%3D
3 SIMPLE TIPS TO TAKE THE FEAR OUT OF COLD CALLING, provided by Lowe’s: http://rismedia.com/lowes/8355/12073
BROKER BITS
PAPERLESS NOTE
Please upload your documents as you complete them. When you wait until a sale has been closed there is no way to review the documents and get corrections that need to be made after-the-fact. This is for your protection to have an extra set of eyes looking at your paperwork. But once closed it would be impossible to track down buyers and sellers to get initials, signatures, missing forms, etc.
VERY IMPORTANT INFORMATION REGARDING E&O INSURANCE COVERAGE
PROPERTY MANAGEMENT AND E&O COVERAGE: The following is an explanation of E&O coverage for both Louisiana and Mississippi when an agent is engaged in property management activities:
FOR LOUISIANA
The Commission refers to "real estate activities" and that includes property management BUT ONLY THOSE ACTIVITIES THAT WOULD OTHERWISE REQUIRE A REAL ESTATE LICENSE TO PERFORM. Therefore in Louisiana you are covered by E&O for property management but if you are being sued for activities that otherwise would NOT require a license to do, your coverage will NOT cover you. If you use your Louisiana license to acquire a Mississippi license you are covered by your Louisiana coverage and do not need a property management endorsement on your policy.
FOR MISSISSIPPI
Mississippi does not have the same language as Louisiana and therefore if you are going to engage in property management you need a property management endorsement on your E&O Policy for Mississippi. Failure to obtain the endorsement means you are naked in regards to coverage.
ERRORS & OMISSIONS INSURANCE COVERAGE: It is critical that you understand what your E&O Insurance DOES NOT COVER. It is also important to understand that you CAN obtain increased coverage by selecting one or more of the options provided by the insurance company to further protect you and your real estate business. The following is extracted from the RISC Insurance Coverage indicating what is NOT covered:
VI. EXCLUSIONS
This insurance does not apply to any Claim alleging, arising from or related to:
A. fraudulent, dishonest, criminal or malicious acts committed by the Insured, at the Insured’s direction or with the Insured’s knowledge, or by anyone for whose acts the Insured is legally responsible;
B. the insolvency of the Insured;
C. the failure to pay, collect or return insurance premiums, escrow monies, earnest money deposits, security deposits, tax money or commissions;
D. the wrongful termination of employment, breach of an employment contract, or other employment disputes;
E. bodily injury, sickness, disease, mental anguish, pain or suffering, emotional distress or death of any person;
F. physical injury to, destruction or loss of use of tangible property;
G. unfair competition, piracy, advertising injury or theft or wrongful taking of concepts or other intellectual property;
H. libel, slander, defamation of character, disparagement, detention, humiliation, sexual harassment, false arrest or imprisonment, wrongful entry or eviction, violation of the right to privacy or malicious prosecution, personal injury or other invasion of rights to private occupancy;
I. discrimination on the basis of race, color, creed, national origin, sex, religion, age, sexual preference, marital status, any mental or physical handicap or disease or any other unlawful discrimination category;
J. Professional Services relating to property:
1. developed or constructed by, or
2. more than 25% owned by, or
3. purchased or attempted to be purchased by an Insured or by the spouse of an Insured or by any entity, corporation, partnership or trust in which the Insured or spouse of an Insured owns or controls more than 25% financial interest; however, this exclusion does not apply to:
(a) any Claim arising from the sale of property acquired by the Insured pursuant to a guaranteed sale listing contract. The guaranteed sale listing contract must be a written agreement between the Insured and the seller of a property in which the Insured agrees to purchase the property if it is not sold under the listing agreement in a specified time. For coverage to apply, the Insured must hold title to the property for less than one (1) year and must continually offer it for sale; or
(b) transactions in which:
(i) the property is listed by an Insured who is not the property owner, builder or developer, and
(ii) the property is advertised, marketed, and promoted by an Insured who is not the property owner, builder or developer, and
(iii) all Professional Services related to the transaction, including the sale or closing on the property, are conducted by an Insured who is not the property owner, builder or developer, and
(iv) the transaction would otherwise be covered by this policy.
K. violation of the Employee Retirement Income Security Act of 1974, the Securities Act of 1933, the Securities Exchange Act of 1934 or any state Blue Sky or securities laws, or amendments thereto;
L. failure by an Insured to provide or maintain insurance;
M. the Insured’s activities as a lawyer, title agent, mortgage banker, mortgage broker or correspondent, escrow agent, construction manager, property developer or insurance agent;
N. activities involving property syndication, limited partnership or real estate investment trusts in which any Insured has, or had, a direct or indirect interest in the profits or losses;
O. liability assumed by any Insured under any contract, indemnity agreement, purchase agreement, hold harmless clause or other similar agreement unless such liability would have attached to the Insured in the absence of such contract; G-144146-A17 (Ed. 11/07) 4
P. based on or arising out of:
1. pollutants whether suddenly or over a long period of time: the actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of pollutants into or upon the land, atmosphere, watercourse, or any body of water; or any injury, damage, payments, costs or expense incurred as a result of any testing for, monitoring, removal, containment, treatment, detoxification, neutralization or cleanup of pollutants.
2. any nuclear reaction, nuclear radiation or radioactive contamination, or any act, condition or pollution incidental to the foregoing. As used in this Exclusion, pollution includes the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
Q. This policy does not apply to any claim based on or arising out of lead, whether or not the lead was at any time airborne as a particle; contained in or formed a part of a product, structure or other real or personal property; ingested or inhaled or transmitted in any fashion; or found in any form whatsoever.
R. This policy does not apply to any claim based on or arising out of asbestos, whether or not the asbestos was at any time airborne as a fiber, particle or dust; contained in or formed a part of a product, structure or other real or personal property; carried on clothing; ingested or inhaled or transmitted in any fashion; or found in any form whatsoever.
S. whether suddenly or over a long period of time:
1. the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or
2. the actual or alleged failure to detect, report, test for, monitor, clean-up, remove, contain, dispose of, treat, detoxify or neutralize, or in any way respond to, assess the effects of or advise of the existence of; any Fungi, or of any spores, mycotoxins, odors, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of Fungi. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the Damages claimed.
T. whether suddenly or over a long period of time:
1. the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, growth or presence of; or
2. the actual or alleged failure to detect, report, test for, monitor, clean-up, remove, contain, dispose of, treat, detoxify or neutralize, or in any way respond to, assess the effects of or advise of the existence of; any Microbes, or of any spores, mycotoxins, odors, or any other substances, products or byproducts produced by, released by, or arising out of the current or past presence of Microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the Damages claimed.
U. injury or damage expected or intended by the Insured;
V. disputes over commissions between real estate brokers and/or salespersons or disputes over commissions involving lawsuits initiated by the Insured. This exclusion does not apply to disputes over commissions involving counterclaims filed with the approval of the Company.
W. negligent acts, errors or omissions committed or alleged to have been committed either (1) prior to the date the Insured received an active real estate license or (2) subsequent to the effective date of suspension, revocation or inactive status of the Insured’s real estate license;
X. any fines, penalties, assessments, punitive damages, exemplary damages or multiplied damages, or matters deemed uninsurable under applicable law; or
Y. conversion, misappropriation or commingling of funds or other property; or
Z. the Insured’s activities as an appraiser, if the appraisal activity performed requires licensing or certification, other than a real estate license.
Tuesday, January 4, 2011
Online Newsletter for the Week Ending January 7, 2011
QUOTE: "Your food stamps will be stopped effective March 1992 because we received notice that you passed away. May God bless you. You may reapply if there is a change in your circumstances." Department of Social Services, Greenville , South Carolina
2011 REVISED AGREEMENT TO PURCHASE – YOU MUST BE USING THE 2011 VERY OF THE REAL ESTATE COMMISSION’S AGREEMENT TO PURCHASE AND PROPERTY DISCLOSURE. THROW AWAY ALL OLDER VERSIONS.
REVISED ADDENDUM TO THE AGREEMENT TO PURCHASE. The Addendum has been updated to reflect the proper line numbers in the Agreement to Purchase. It has been uploaded to www.SlidellCalendar.com in the Document section in the Sales Form Folder. Please dispose of all outdated Addendums and use the Jan 2011 version effective immediately.
20 TIPS FOR A POSITIVE NEW YEAR by Jon Gordon. http://www.jongordon.com/newsletter-010311-20-tips-positive-new-year.html
HOW TO PRESENT PRICE TO SELLERS good article by Christy Crouch, http://www.brokeragentsocial.com/article/1043/how-to-present-price-to-sellers
5 WEB STRATEGIES FOR WORKING SHORT SALES, from Lowe’s, http://rismedia.com/lowes/8355/11934
IT’S 2011! ARE YOU READY TO RECOVER, OR STILL IN A FUNK? Another gem by Jeffrey Gitomer that strikes home! http://www.gitomer.com/articles/View.html?id=15972
SETTING YOUR 2011 GOALS, short and sweet from Jeremy Jacobs via SalesDog.com. http://www.salesdog.com/newsletter/2011/nl0507.htm#continued
THE ONE THING YOU NEED IN 2011, by none other than Joe Tye. Good stuff! http://tinyurl.com/2ekyvrx
ZONE LEAD GENERATION: Recently read a book entitled Zone Golf written by Kelly Sullivan Walden. It is all about the mental aspects of golf but as you read it there is not much mention of the actual golf swing. It is all about mental preparation through the use of self-hypnosis. I have been in contact with Ms. Walden and suggested that by changing just a few words throughout the book it could have been entitled Zone Business, Zone Sales or Zone Lead Generation. It is all about putting yourself into a mental zone like an athlete where you perform at peak levels because you have mentally trained yourself through the self-hypnosis process to do so. With Ms. Walden’s encouragement, I have modified the Hot Air Balloon script from the book and created a self-hypnosis script relating to Lead Generation. It is uploaded to http://www.slidellcalendar.com/ in the Document section in the Motivation Folder. Good Stuff!
FOOD FOR THOUGHT FROM Dr. Paul McKenna from his book “I Can Make You Sleep”
People on diets think about all the food they are not eating, smokers who are unsuccessful at quitting think about cigarettes they are missing-and insomniacs think about how much they are going to stay awake at night. They all had one thing in common; they were all focusing on the problem, not the solution. One of the most important practical rules of psychology that has helped me achieve consistently good results over the years is this:
YOU ALWAYS GET MORE OF WHAT YOU FOCUS ON!
This is because the unconscious mind is monitoring everything we think about, so when people feed themselves images of staying awake, (a down market, lack of sellers, lack of buyers, hard to qualify buyers, difficult customers, difficult relationships, etc, etc, etc,) THE UNCONSCIOUS MIND TAKES THAT AS A COMMAND AND HELPS TO DO (GET) MORE OF IT.
“If you think you can or if you think you can’t, your right!” Henry Ford
2011 REVISED AGREEMENT TO PURCHASE – YOU MUST BE USING THE 2011 VERY OF THE REAL ESTATE COMMISSION’S AGREEMENT TO PURCHASE AND PROPERTY DISCLOSURE. THROW AWAY ALL OLDER VERSIONS.
REVISED ADDENDUM TO THE AGREEMENT TO PURCHASE. The Addendum has been updated to reflect the proper line numbers in the Agreement to Purchase. It has been uploaded to www.SlidellCalendar.com in the Document section in the Sales Form Folder. Please dispose of all outdated Addendums and use the Jan 2011 version effective immediately.
20 TIPS FOR A POSITIVE NEW YEAR by Jon Gordon. http://www.jongordon.com/newsletter-010311-20-tips-positive-new-year.html
HOW TO PRESENT PRICE TO SELLERS good article by Christy Crouch, http://www.brokeragentsocial.com/article/1043/how-to-present-price-to-sellers
5 WEB STRATEGIES FOR WORKING SHORT SALES, from Lowe’s, http://rismedia.com/lowes/8355/11934
IT’S 2011! ARE YOU READY TO RECOVER, OR STILL IN A FUNK? Another gem by Jeffrey Gitomer that strikes home! http://www.gitomer.com/articles/View.html?id=15972
SETTING YOUR 2011 GOALS, short and sweet from Jeremy Jacobs via SalesDog.com. http://www.salesdog.com/newsletter/2011/nl0507.htm#continued
THE ONE THING YOU NEED IN 2011, by none other than Joe Tye. Good stuff! http://tinyurl.com/2ekyvrx
ZONE LEAD GENERATION: Recently read a book entitled Zone Golf written by Kelly Sullivan Walden. It is all about the mental aspects of golf but as you read it there is not much mention of the actual golf swing. It is all about mental preparation through the use of self-hypnosis. I have been in contact with Ms. Walden and suggested that by changing just a few words throughout the book it could have been entitled Zone Business, Zone Sales or Zone Lead Generation. It is all about putting yourself into a mental zone like an athlete where you perform at peak levels because you have mentally trained yourself through the self-hypnosis process to do so. With Ms. Walden’s encouragement, I have modified the Hot Air Balloon script from the book and created a self-hypnosis script relating to Lead Generation. It is uploaded to http://www.slidellcalendar.com/ in the Document section in the Motivation Folder. Good Stuff!
FOOD FOR THOUGHT FROM Dr. Paul McKenna from his book “I Can Make You Sleep”
People on diets think about all the food they are not eating, smokers who are unsuccessful at quitting think about cigarettes they are missing-and insomniacs think about how much they are going to stay awake at night. They all had one thing in common; they were all focusing on the problem, not the solution. One of the most important practical rules of psychology that has helped me achieve consistently good results over the years is this:
YOU ALWAYS GET MORE OF WHAT YOU FOCUS ON!
This is because the unconscious mind is monitoring everything we think about, so when people feed themselves images of staying awake, (a down market, lack of sellers, lack of buyers, hard to qualify buyers, difficult customers, difficult relationships, etc, etc, etc,) THE UNCONSCIOUS MIND TAKES THAT AS A COMMAND AND HELPS TO DO (GET) MORE OF IT.
“If you think you can or if you think you can’t, your right!” Henry Ford
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