Real Estate Agents and the Internet

How to Buy and Sell Real Estate Today

Then and Now

Ten years ago, a search for real estate would have started in the office of a local real estate agent or by just driving around town. At the agent's office, you would spend an afternoon flipping through pages of active property listings from the local Multiple Listing Service (MLS). After choosing properties of interest, you would spend many weeks touring each property until you found the right one. Finding market data to enable you to assess the asking price would take more time and a lot more driving, and you still might not be able to find all of the information you needed to get really comfortable with a fair market value.

Today, most property searches start on the Internet. A quick keyword search on Google by location will likely get you thousands of results. If you spot a property of interest on a real estate web site, you can typically view photos online and maybe even take a virtual tour. You can then check other Web sites, such as the local county assessor, to get an idea of the property's value, see what the current owner paid for the property, check the real estate taxes, get census data, school information, and even check out what shops are within walking distance-all without leaving your house!

While the resources on the Internet are convenient and helpful, using them properly can be a challenge because of the volume of information and the difficulty in verifying its accuracy. At the time of writing, a search of "Denver real estate" returned 2,670,000 Web sites. Even a neighborhood specific search for real estate can easily return thousands of Web sites. With so many resources online how does an investor effectively use them without getting bogged down or winding up with incomplete or bad information? Believe it or not, understanding how the business of real estate works offline makes it easier to understand online real estate information and strategies.

The Business of Real Estate

Real estate is typically bought and sold either through a licensed real estate agent or directly by the owner. The vast majority is bought and sold through real estate brokers. (We use "agent" and "broker" to refer to the same professional.) This is due to their real estate knowledge and experience and, at least historically, their exclusive access to a database of active properties for sale. Access to this database of property listings provided the most efficient way to search for properties.

The MLS (and CIE)

The database of residential, land, and smaller income producing properties (including some commercial properties) is commonly referred to as a multiple listing service (MLS). In most cases, only properties listed by member real estate agents can be added to an MLS. The primary purpose of an MLS is to enable the member real estate agents to make offers of compensation to other member agents if they find a buyer for a property.

This purposes did not include enabling the direct publishing of the MLS information to the public; times change. Today, most MLS information is directly accessible to the public over the Internet in many different forms.

Commercial property listings are also displayed online but aggregated commercial property information is more elusive. Larger MLSs often operate a commercial information exchange (CIE). A CIE is similar to an MLS but the agents adding the listings to the database are not required to offer any specific type of compensation to the other members. Compensation is negotiated outside the CIE.

In most cases, for-sale-by-owner properties cannot be directly added to an MLS and CIE, which are typically maintained by REALTOR associations. The lack of a managed centralized database can make these properties more difficult to locate. Traditionally, these properties are found by driving around or looking for ads in the local newspaper's real estate listings. A more efficient way to locate for-sale-by-owner properties is to search for a for-sale-by-owner Web site in the geographic area.

What is a REALTOR? Sometimes the terms real estate agent and REALTOR are used interchangeably; however, they are not the same. A REALTOR is a licensed real estate agent who is also a member of the NATIONAL ASSOCIATION OF REALTORS. REALTORS are required to comply with a strict code of ethics and conduct.

MLS and CIE property listing information was historically only available in hard copy, and as we mentioned, only directly available to real estate agents members of an MLS or CIE. About ten years ago, this valuable property information started to trickle out to the Internet. This trickle is now a flood!

One reason is that most of the 1 million or so REALTORS have Web sites, and most of those Web sites have varying amounts of the local MLS or CIE property information displayed on them. Another reason is that there are many non-real estate agent Web sites that also offer real estate information, including, for-sale-by-owner sites, foreclosure sites, regional and international listing sites, County assessor sites, and valuation and market information sites. The flood of real estate information to the Internet definitely makes the information more accessible but also more confusing and subject to misunderstanding and misuse.

Real Estate Agents

Despite the flood of real estate information on the Internet, most properties are still sold directly through real estate agents listing properties in the local MLS or CIE. However, those property listings do not stay local anymore. By its nature, the Internet is a global marketplace and local MLS and CIE listings are normally disseminated for display on many different Web sites. For example, many go to the NATIONAL ASSOCIATION OF REALTORS Web site, http://www.realtor.com, and to the local real estate agent's Web site. In addition, the listing may be displayed on the Web site of a local newspaper. In essence, the Internet is just another form of marketing offered by today's real estate agent, but it has a much broader reach than the old print advertising.

In addition to Internet marketing, listing agents may also help the seller establish a price, hold open houses, keep the seller informed of interested buyers and offers, negotiate the contract and help with closing. When an agent provides all of these services it is referred to as being a full service listing arrangement. While full service listing arrangements are the most common type of listing arrangement, they are not the only option anymore.

Changes in the technology behind the real estate business have caused many agents to change the way they do business. In large part, this is due to the instant access most consumers now have to property listings and other real estate information. In addition, the Internet and other technologies have automated much of the marketing and initial searching process for real estate. For example, consumers can view properties online and make inquires via email. Brokers can use automated programs to send listings to consumers that match their property criteria. So, some agents now limit the services they offer and change their fees accordingly. An agent may offer to advertise the property in the MLS but only provide limited additional services. In the future, some real estate agents may offer services in more of an ala carte fashion.

Because of the volume of real estate information on the Internet, when people hire a real estate agent today they should look at the particular services offered by the agent and the depth of their experience and knowledge in the relevant property sector. It is no longer just about access to property listing information. Buyers and sellers historically found agents by referrals from friends and family. The Internet now provides ways to directly find qualified agents or to research the biography of an agent referred to you offline. One such site, AgentWorld.com, is quickly becoming the LinkedIn or Facebook for real estate agents. On this site an agent can personalize their profile, start a blog, post photos and videos and even create a link to their web site for free. Once unique content is added to their profile page the search engines notice!

Some have argued that the Internet makes REALTORS and the MLS less relevant. We believe this will be false in the long run. It may change the role of the agent but will make knowledgeable, qualified, and professional REALTORS more relevant than ever. In fact, the number of real estate agents has risen significantly in recent years. No wonder, the Internet has made local real estate a global business. Besides, Internet or not, the simple fact remains that the purchase of real property is the largest single purchase most people make in their life (or, for many investors, the largest multiple purchases over a lifetime) and they want expert help. As for the MLS, it remains the most reliable source of real estate listing and sold information available and continues to enable efficient marketing of properties. So, what is the function of all the online real estate information?

Online real estate information is a great research tool for buyers and sellers and a marketing tool for sellers. When used properly, buyers can save time by quickly researching properties and, ultimately, make better investment decisions. Sellers can efficiently research the market and make informed decisions about hiring an agent and marketing their properties online. The next step is to know where to look online for some of the best resources.

Internet Strategies

In the sections that follow, we provide strategies and tips on how to use the Internet to locate properties for sale and research information relevant to your decision to purchase the property. There are many real estate Web sites from which to choose and although we do not mean to endorse any particular Web site, we have found the ones listed here to be good resources in most cases or to be so popular that they need mention. One way to test a Web site's accuracy is to search for information about a property you already own.

Finding Real Estate for Sale

Despite the widely available access to real estate listings, many believe that MLS databases continue to offer the most complete and accurate source of real estate information. Most MLSs now distribute content to other Web sites (primarily operated by real estate agents). An excellent starting point for MLS originated content is the national NAR Web site, realtor.com, which is also the most popular web site for searching real estate listings. Virtually all local and regional MLSs have an agreement with realtor.com to display much of their active listing inventory.

Some local and regional MLS systems also have a publicly accessible Web site. However, to get complete information you will most likely still need to find a qualified local REALTOR. Many local real estate agents will also provide their customers (via email) new listings that are input into the MLS that match their predefined criteria. This can be very helpful to a busy buyer.

There are also many Web sites that display both real estate agent listed and for-sale-by-owner properties. Some of the more popular Web sites include zillow.com and trulia.com. These sites offer other services too. For example, zillow.com is best known for its instantaneous property valuation function and trulia.com for providing historical information. Another source of properties for sale is the state, regional, and local Web sites associated with brokerage companies; for example, remax.com or prudential.com. Search engines like yahoo.com and classified advertising sites like craigslist.com also have a large number of active real estate listings.

One key difference between these sites is how much information you can access anonymously. For example, at trulia.com you can shop anonymously up to a point but then you will need to click through to the agent's Web site for more information. Many new real estate search engines allow you to sift through listings without having to fill out a form. The best strategy is to browse a few of the sites listed above to find geographic areas or price ranges that are interesting. Once you get serious about a property, then that is the time to find a qualified REALTOR of your choice to conduct a complete search in the local MLS.

It also never hurts to search the old-fashioned way by driving through the neighborhoods that interest you. There is no substitute for physically, not virtually, walking the block when you are making a serious investment decision. In this sense, real estate is still a very local business and standing in front of the property can lead to a much different decision than viewing a Web page printout.

Valuing Real Estate

As we mentioned, one of the most popular real estate tools is zillow.com's instant property valuation. Just type in an address and in and you get a property value. It even charts the price ups and downs, and shows the last date sold (including price) and the property taxes. There are other sites that provide similar tools such as housevalues.com and homegain.com. Unfortunately, many people use these estimated values alone to justify sales prices, offers and counteroffers. However, these are only rough estimates based on a formula that incorporates the local county sales information. These estimates can swing wildly over a short period of time and do not appear to always track actual market changes, which are normally more gradual. In addition, these estimates do not automatically take into account property remodels or renovations or other property specific or local changes. This is not to say these sites are not useful. In fact, they are great starting points and can provide a good ball-park value in many cases.

When it comes to getting a more accurate value for a particular property, there are other strategies that are more trustworthy. One is to go directly to your county's Web site. More often than not the county assessor's area of the Web site provides sales and tax information for all properties in the county. If you want to research a particular property or compare sales prices of comparable properties, the local assessor's sites are really helpful. When you visit a county's Web site you are getting information straight from the source. Most counties today publish property information on their Web sites. Many times you cannot only see the price a previous owner paid, but the assessed value, property taxes, and maps. Some county assessors are now adding a market and property valuation tools too.

Given the importance of valuation to investing, we are also going to remind you of the two most important (non-Internet) valuation methods: real estate agents and appraisers. Working with a local REALTOR is an accurate and efficient way to get value information for a property. While one of the primary purposes of the MLS is to market the active property listings of its members, the system also collects sales information for those listings. REALTOR members can pull this sales information and produce comparable market analyses (sometimes called CMAs) that provide an excellent snapshot of a particular property's value for the market in a particular area.

Finally, the most accurate way to value a property is by having a certified appraiser produce an appraisal. An appraiser will typically review both the sold information in the MLS system as well as county information and then analyze the information to produce a valuation for the property based on one or more approved methods of valuation. These methods of valuation can include a comparison of similar properties adjusted for differences between the properties, determine the cost to replace the property, or, with an income producing property, determine a value based on the income generated from the property.

The Neighborhood

There are many ways the Internet can help you get the scoop on a particular neighborhood. For example, census data can be found at census.gov. You can also check out the neighborhood scoop at sites like outside.in or review local blogs. A blog is a Web site where people discuss topics by posting and responding to messages. Start by looking at placeblogger.com and kcnn.org/citymediasites.com for a directory of blogs. Trulia.com has a "Heat Map" that shows how hot or cold each neighborhood is based on prices, sales, or popularity among the sites users.

Schools

When it comes to selling residential property or rental properties that cater to families, the quality of the area school district makes a huge difference. There are many Web sites devoted to school information. Check out greatschools.net or schoolmatters.com. Most local school districts also have their own Web site. These sites contain a variety of information about the public schools and the school district, including its district demographics, test scores, and parent reviews.

Finding the Right Real Estate Agent

A recent addition to the Internet boom in real estate information is Web sites that let real estate agents market their expertise and local knowledge by displaying their professional profiles and socially networking with blogs. You can search to find an agent with a particular expertise, geographic area of specialization, or an agent offering specific services. The web site AgentWorld.com lets users quickly and easily find an agent with the right expertise using keyword searches and clean and simple agent profiles. AgentWorld.com also enables agents to post personalized blogs, photos and videos to help consumers find the best agent for their needs. Plus, many agent profiles include a direct link to the agent's web site where you will likely find the local MLS listings.

Maps and Other Tools

The Internet has made mapping and locating properties much easier. To get an aerial view or satellite image of a property or neighborhood, go to maps.live.com or maps.google.com or visit walkscore.com to see how walk-able a particular property is. These sites can give you an idea of the neighborhood characteristics and the types of entertainment, restaurants, and other facilities that are within walking distance of the property. Maps.Live.com provides a view at an angle so you can see the sides of houses and Maps.Google even gives you a 360 degree street-level view for certain neighborhoods. If you have not tried one of these satellite map Web sites, you really should if only for amusement.

Final Thoughts on Internet Strategies

The Internet is a very effective research and marketing tool for real estate investors but is not a replacement for a knowledgeable experienced real estate professional. The Internet can save you time and money by enabling quick and easy property research and marketing options. Sites like AgentWorld.com also help you efficiently find a REALTOR who fits your buying or selling needs.

Always remember, when it comes to Internet strategies for real estate: More knowledge is better. You need to use the Internet to build your knowledge base on a target property or to find a real estate agent with expertise you need. However, the big caution here is that the Internet should not replace human judgment and perspective, expert advice or physical due diligence-keys to successful investing.

Jobs on the Return, Can Real Estate be far Behind?

I just received a missive from the Florida Association of Realtors, dealing with the employment outlook and how that affects our housing market. In the world according to Dane, there are two things that are slowing down the real estate market. Income and Confidence. Both are needed when a family decides to make a commitment to buy a home. This of course boils down to “good” jobs.

The employment outlook has been so bad for so long that as jobs return, buying a house will not be the first major outlay a family will make, especially if there are credit cards and family expenses that have accumulated—but the jobs are the key to a real estate recovery.

And our customer's inability to sell their present home, to “move on”, robs them of the independence a healthy marketplace provides. Obviously this second function results in a limited number of ready buyers, which comes back to the first issue.

All the other variables that make a strong housing market are in place; good inventory, good price points, good loan rates, and willing buyers and sellers. (And lots of Realtors).

And speaking of Realtors, Erica Cross, research analyst for the Florida Realtor Association has generated localyear-over-year changes in the job market due to seasonality. Obviously, employment is affected by seasons, and that's one reason we remove farm jobs from the totals—while a farmer may have full-time employment, his employees are seasonal. Therefore the Association chooses to look at Florida’s employment change as a percentage of last year instead of a month-to-month change.

Florida’s total non farm employment is the combination of private employment and government employment. Non farm and private employment are the key drivers of economic growth. The graph below shows the year-over-year change in Florida’s total non farm and private employment from 2008 to present. The graph shows growth, without showing pain. (If, for example, half of all jobs were lost, it would go down by 50%—but if they were regained, it would double—always being based on “last year”.)

But back to the good news, each month since August 2010 has experienced positive growth in employment on a year-over-year basis. In May 2012, Florida employment was 8,506,000, some 200,000 more than in May 2011. The graph doesn't really show that unemployment was 8.5% in May 2012 compared to 10.3% in 2011. But you get the idea, figures don't lie, but liars sure figure...

Nonetheless, we are seeing marginal positive news. Employment and housing sales generate nearly the exact same graph. So as Florida makes employment gains, the state’s real estate market, both residential and commercial, will improve. We are looking at this recovery through a foggy window. And what we see is the state's overall economy progressing, albeit slowly. Federal Reserve Chairman, Ben Bernanke, noted this week that the National unemployment rate is likely to hold in the 8% range for two more years, but there will be success stories on a state by state basis.

With  Florida's tourism engine and excellent climate, these are two extreme magnets to bring people and jobs to the region—magnets that other states just don't have. If Congress could pass a political initiative to grow jobs by adjusting regulations on all of us and lowering taxes on those employers who actually create new jobs, that would be a huge help and would appeal to manufacturing and transportation as well. But it's complicated...

Dane Hahn is a real estate professional practicing in Florida and New Hampshire. You can reach him at 941-681-0312 or by email at dane.hahn@gmail.com 

Real Estate Stories that Show You How!

Let's begin easing you out of the pits. I mean, comfort zone! I'm going to slowly and methodically give you as many little sparks and insights to the relatively simple ways that ordinary people use real estate to achieve extraordinary results.

Stories are the best spark plugs. They let you casually observe from a safe, secure and understandable view point. I will write to answer most of the questions that I feel I myself would ask if I was reading what you are about to read.

I want you to know something from the very start of this report and that something is this: I care about you and I sincerely mean that. I really do want you to move to a new comfort zone, one that is pleasurable and free from fear. A place where you realize you have the power to achieve greater things than you currently can imagine.

It's possible for you to start being a more powerfully directed purpose-driven individual who is well organized and on track to higher achievement. You will change and grow, slowly and steadily with every page you read. With every thought and insight you gain, your desire and courage will grow as well.

Napoleon Hill wrote one of the greatest books of all time. It's called "Think and Grow Rich." The essence of that book, the secret it reveals time and again is this: you must develop a burning desire.

Don't put this book down thinking the previous statement is cliché and that you already knew that! I am simply leading you to my next point, the next point being is - your desire needs a starting point. So to start developing desire, my secret is you must have a purpose. Why do you want to pursue real estate? I know what you're thinking: to make money, to have security, to feel useful and appear successful. Good points. I agree you can have all of that and more if that is what you desire.

Now here is something that comes before any of those things you desire. What is the purpose of all those things? Purpose, purpose, purpose...you need to first define purpose before you get the things. My purpose, or so I thought early in my career, was to move up to a nicer house and have my first house become my first rental property. When I moved up to the next one, I quickly learned as soon as I rented it out, I was in some way responsible for creating happiness and security in the life of another person that was of no relation to me.

It soon was evident to me how the choices I made in choosing that first property either would help me or hurt me in my quest to succeed in the real estate investment business.

All of it is cumulative, everything you do and how you do it adds up. It compounds itself and it either makes your life easier or more difficult. I am going to give you experiences that you can learn from that will make your life easier; I am going to show you how. That is my purpose.

The book that gave me the unknowing courage to take my first steps in real estate was a book called "How I Turned $1000 into $3 Million in real estate in my spare time" by William Nickerson. He was a master storyteller and by osmosis, after reading his book, I found myself gravitating towards the real estate classified section of my Sunday paper.

Eventually I leapt and my life had changed. It was an FHA foreclosure, a two-bedroom, one-bath home with a built-in, screened-in pool, with a Jacuzzi and a built-in sprinkler system. I bought it for $46,000 and used the HUD 203K rehab program to fix it up. I spent $16,000 to update and make repairs. They then gave me one loan for a total of $62,000. It took me three months to complete it and I was in; I had done it!

My life changed, I learned, I took the leap. From then on I had confidence. I had already had my first home but now I had two. Well, I was in the Coast Guard and wouldn't you know, three months later we moved. Uncle Sam took me out of St. Petersburg, Florida and dropped me in Kodiak, Alaska, for my next tour of duty.

Well guess what? I was armed with ambition, courage, confidence and just enough knowledge to be considered dangerous, so I bought a duplex as soon as I came ashore on Kodiak Island. Now I had three dwellings and my relationships and responsibilities were growing with my new tenants counting on me to provide a clean, functional and pleasing environment for them to exist in.

It looked like this: My mother rented my first house and an elderly couple rented the second one and my duplex came with an existing tenant who was a hospital administrator, so I was lucky. I was able to ease myself into the role of landlord without getting burned early in my career. I now had two houses and a duplex in the span of about one year. My brothers and some other family members took notice and were pretty well dumbfounded.

They couldn't figure out how I had, all of a sudden, become a real estate wizard.

It felt good to make that change in so short a time.

I got that from reading a book! And that my friend is how you are going to do the majority of everything you do in real estate, by reading and taking steps towards duplicating the success of others in a repeatable pattern. The key is to understand that you can do it if you read the right books and apply the very basic formulas that are handed to you.

There lies in: Magic Bullets in Real Estate

This is a common man or woman's real estate manual. William Nickerson never gave me anything so easy as "Magic Bullets!" So I learned trial by fire and it has been very gratifying. I've since went on to collect 17 properties, 23 tenants, 2 real estate licenses in Florida and Alaska, an assistant appraiser's certificate and over a hundred books on real estate. I just kept learning and growing and gaining momentum for the last 13 years. I am still in the Coast Guard, too, and I work at Alaska One Realty in my spare time. In two more years, I will be retired at the ripe old age of 42. Sounds like a sort of fairytale, doesn't it? Don't let me fool you. It's hard work and I'm still not a millionaire, but I want you to have the truth, so I will be honest with you every step of the way.

I know why I am not a millionaire and here is why. I would periodically sell property that was going up in value and paying for itself through the rent checks. But being in the Coast Guard would dislocate me every four years, so I found myself selling out in order to avoid being what is called "an absentee landlord."

This is an important lesson for you. It has prevented me from becoming a millionaire up to this point. The lesson is: find an area on this planet that you could and will live in, and stay close to it. Don't move more than 10 miles from your farm area. The farm area is where all your properties are located. Long distance "land lording" is tough! It can be done but you lose the ability to control the situation compared to if you were there. I've served my country and saved people's lives, so for me it has not been in vain. I have no regrets but if you don't have to leave your area of expertise, don't!

The networks you build and the contacts you build, in the process of "doing" real estate, are so valuable that when they are no longer at your disposal, it puts you at a serious disadvantage.

Not to mention when you move you have to acclimate yourself to an entirely different market, build new trust-based relationships and start all over again. It's like a treadmill you'll be running and running, however it gets you nowhere.

I've used it to my advantage. I have been forced to accelerate my abilities to rapidly duplicate my success whenever I am moved, but it is still an uphill battle. My point: Don't move too far from your farm or your network of bankers, appraisers, carpenters, tradesman, real estate, friends, tenants and so on. Once you have the skill you can duplicate your success anywhere you go but if you don't have to go...enough said on that!

I like to say, "Don't sell the goose to get the eggs." What that means is if you need money to buy more property, use equity lines from other property to do it. You will get the same amount of money or more by using an equity line as if you sold it. However, you get to keep the asset and the money! I go into this in "Magic Bullets," so I won't drone on here. Just know you don't have to sell your property to get the cash out of them.

So here we are. You know a little bit about me and you may have picked up a nugget or two. Let's find a few more.

There once was a man who wanted to buy some investment property, so what he did was look at growth patterns. You should do this too, by going to your city's planning and zoning department. You can see growth patterns and you definitely want to buy property that stands in the way of growth.

This is how he used what he learned. He saw that city planners had decided that a new artery (highway) would benefit their city by creating linkage to another city about 100 miles away, so being a smart investor he only went as far as a ten mile limit to be able to be close to his investment.

Now on average, new growth will radiate out from existing prosperous cities in the direction it is planned at a rate of about one mile per year. So our smart investor had a 10 - 12 year plan to cash out in about 10 - 12 years.

What he did was buy, I believe, 10 acres of commercially zoned property very cheaply because there was no demand at the time. He bought it, fenced it in, put up some lights and a gate, and held onto that little bugger. Now that new highway was coming his way and the good folks, through their taxes, were paying to have it built.

It didn't take long for the heavy equipment to start cutting a swath towards his fenced-in storage facility and when they got close enough to him, he started renting out a secure area for everything, from road cones to generators to backhoes. You name it - it was stored there. This more than paid his land off.

Now the men and their equipment eventually moved on further down the trail but they left a finished highway behind them. And guess what? Low and behold, people started driving on it, and then started buying property to build houses on to get away from the city. Since the new highway was a straight shot into town, ten miles out was breeze.

Well, of course, here comes the herd and everyone is just populating the whole darned area. And within ten years, residential housing surrounds Mr. Investor, and can you guess what he's got? Yep, a prime piece of commercial property, 10 acres large.

So in accordance with his 10-12 year plan, he sells his storage facility to make room for the new office/business park complex for over $2,000,000. That, my friend, is vision, and the sooner you get a clear picture of what it is that you want to specialize in, the sooner you can retire to the islands.

How hard was that? Don't tell me you can't do it, you can! I'm here to help you. I'm going to give you secrets no one else dares. Do you ever wonder why people won't tell you the secrets? Of course you already know this but I'll tell you anyway. It is because they are operating on a scarcity mentality, as though there won't be any left for them. Or if learn something and act on it, you will get ahead and have a great life. Well, misery loves company and silent oppression is the rule.

Here's a little story that poor quality real estate agents won't appreciate either but I'm going to tell it to you anyway. The reason I can tell it is because there are some great real estate agents out there who absolutely don't fear what I am about to tell you and would let you know it if they were in my position.

Here's the deal: Some agents want to be like the Wizard of Oz. They want to create the appearance of marketing and transacting real estate as being technical and very legal, a deep dark mystery. Well, it's not! The truth be told, you can write a contract on a napkin and it would stand up in court. I will emphasize here that you write on that napkin along with the terms of your agreement, "The terms set forth on this here napkin are subject to my attorney's approval."

An attorney will cover you completely for around $750.00. Prices may vary, however that is an average home transaction. There is a lot I am leaving out here but my point is this: If you own property, you can sell it anyway you want. "Magic Bullets" will teach you. Let's move on.

Exposure is the key to finding buyers and sellers in real estate. If a property is priced fairly and everyone who is looking for that type of property knows that it is in the availability pool, it will be found and the transaction will proceed as advertised. Price it right, advertise it properly and let the lawyer take care of the details. No commission, just a flat fee. Period.

Now that I have that off my chest, I will tell you a story about Dan, a 21-year old friend of mine, and his wife and their new baby. He's a hardworking guy who does his work without complaint and all the other "workers" pick on him for working so hard. Can you believe it? The other guys are so insecure and lazy that they make fun of a guy who is doing the work of three men, mainly of the three who are ridiculing him. Well, believe me, this doesn't go unnoticed by me and I take him under my wing. Dan wants to buy a house, so I begin the process of saving him years of trial by fire and save him $25,000 at no charge. That is because he deserved my help.

Anyway, here is the story: I began with him by asking him what type of home he thought he would be comfortable with and a price range. He indicated a 3-bedroom for around $100,000.

Knowing what he wanted and knowing the area, I was able to take him shopping for the house he was looking for. Now I always go after the "For Sale by Owner" homes first because I know they won't be adding any commission figure into their price, because they won't be paying one. So at 6% of $100,000 he will get $6,000 more "house" for his precious dollar.

I also told him besides the "For Sale by Owner" homes, we would be looking at oddball discount companies that help distressed sellers further part with their money and property. The mentality of a seller who uses cheesy companies to help them sell their property is pennywise and pound-foolish. If you're going to use professionals, then get a professional.

So off we go. After a day or so, we have found our house. Sure enough, El Cheeso Inc. has a sign on it. The screen doors are flapping in the breeze, the weeds are dancing on the lawn, but this house is indeed a 3-bedroom, 2-bath, 1-car garage with a fenced yard and it's selling for $110,000. Well, due to the fact that there is a divorce in progress, and a new girlfriend who doesn't like the place, and El Cheeso Inc. giving no representation, I negotiate for Dan and he gets it for $99,000. What's so great about this deal is this exact same floor plan in another house was for sale down the street, on the same street, for $25,000 more.

The moral of the story is good things come to those who deserve it, and that is another key to real estate. You must work hard so others will take notice of you and help you succeed.

Here's a beauty for you. This is about being in real estate circles and keeping your eyes and ears open and often times your "yapper" closed. This is the story of Brian and Julie. Here we have two hardworking souls. They have been married for 20 years and they have weathered the storms of matrimony. Julie works at a real estate office as an office manager. No real estate license, but she works at an office that sells a lot of waterfront property. So we are talking about location and being in the right place at the right time, and here comes a seller in the door of the office stating she is going to sell her older waterfront home. She is willing to take $180,000.

Julie tells Brian, they look at it and sure enough, this pearl is right on the water. She's a gem waiting to be polished up, so Brian and Julie sell their condominium and move in. Well, they aren't making any more waterfront property, so Brian goes to work polishing this jewel up.

Now, they have bought this house under market value in an appreciating market. So about one and a half years later, this property is worth over $350,000 and still climbing. Well, Brian is no dummy, so he gets to know his neighborhood. He strolls, takes walks and notices, you guessed it, a vacant, neglected jewel on an inside double lot. He tracks down the elderly lady, who is living with her sister, through the county records office and buys the house, including the extra lot, for a total of $120,000. Now Brian can walk to his new "jewel" and he starts polishing it. The neighbors start noticing and are amazed at his deal. He has offers of $180,000, $200,000 and $60,000 for just the lot. You name it. Now that the exposure is there, everyone wants a piece of it.

Well, this is what Brian did. He rented his first house out, moved into the second one and used plans that I gave to him to build a third house on the vacant lot, using the equity he accumulated from the first house that went up so much. And here's how this thing shakes out: $180,000 for his first house and it's value goes up to $365,000; he picked up the next jewel for $120,000 and he paid cash using the equity from the first house. Now he takes out a new mortgage on his second house for $120,000 and builds a third. The value at last count was $815,000 and he owed a grand total $300,000. That's a half million-dollar profit in 5 years!

Now what does this story tell us? #1 - it says, "work hard"; #2 - keep your eyes open; #3 - use equity lines; #4 - don't sell; #5 - learn how to be a landlord; #6 - be in locations that appreciate; #7 - buy things that are limited in availability; #8 - know how to research owners and repair property; #9 - get your partner's help (spouse); #10 - use knowledgeable friends to help you see potential (I gave him the plans and advised him not to sell anything!).

Can you get any more lessons out of this story? I'm sure you can. Just read it again and think on it. Jot down your ideas and put them to work. Real estate is not that hard, folks! You can do it. With a few magic bullets, some spark plugs and a good mentor to show you how, you can do it too!

Let's you and me talk for just a minute here, OK! Have you ever been really good at something and been able to step back and see the whole thing for what it is was? You just know exactly how to do it and you can see the end result clearly in your mind before you start. It's predictable to you. It's almost second nature, so you are comfortable doing it. It's almost become boring to you; your comfort zone is such that you can do it in your sleep.

I've gotten that way with certain types of real estate and I see people everyday that are so afraid of taking the first step that they are literally paralyzed. They make excuses and put it off, and rationalize and live a quiet life of desperation. They don't trust themselves and as a result of the unknown they can't trust anyone else either. This is a vicious cycle because the longer they wait the more it reinforces their beliefs.

I just want to grab them by the collar, take them to the bank and make them tell the banker, "Pre-qualify me!" Then walk them out the door and show them how to do something that will change their life forever, and that is to buy the first property, and then a second. Then their fear is gone and they grow to be of service to everyone who is ready for their assistance.

Let me tell you this: After you finish reading the rest of this report and you read the "Magic Bullets" book, your fears will be subdued and you will do something and your life will change. If you cannot succeed with what I am intent on showing you, then something is not right. I believe your desire would be your major obstacle, so if that's the case, read "Think and Grow Rich" by Napoleon Hill and come back to me then.

Let's get back to real estate education, shall we? Do you know who the largest commercial real estate owner in the U.S. is? It's McDonalds Corporation. Yep, and on top of that, they also have the most valuable locations for their type of business. The research they do on demographics and traffic counts is unparalleled!

If you were ever going to open a fast food restaurant, just put it near a McDonalds. You would survive just on the volume of people who flock or pass by the location that McDonalds has already decided meets all the critical data to support their restaurant business. Your restaurant, if you had good food and service, would flourish. Just sell something a little different than McDonalds. That's leveraging someone else's expertise in evaluating a location for a certain type of real estate.

Now that is a principle and principles are like natural laws. A natural law always works in every situation in its own way. It's like gravity - it always works! Here on earth, anyway.

So in real estate it doesn't matter what type it is, whether it's commercial, residential, industrial or recreational. Look for signs that serious market studies have been undertaken by major operators and buy things that can flourish in the presence of those concerns.

For instance, let's use Home Depot as an example. If Home Depot decides to build on a site, every residential lot within a mile of that new center will be bought up as soon as the Home Depot commits to build! Why?

Because smart investors know that Home Depot has done the market study and the area will be a prosperous one.

On top of that, it will provide jobs, it will pay taxes, it will provide materials to actually build the neighborhoods with, and people will shop there once their houses are built. The same goes for Wal-Mart, Lowe's and other smart business concerns.

You may or may not have noticed this but take a look the next time you are driving around. Here is what you should see. As you drive into cities from the suburbs, you'll notice donut shops, gas stations with convenience coffee centers, bagel shops, and etcetera, on the side of the road that people travel to on their way into the city to go to work. These are morning activity business centers.

Now on your way home, out of the city, you will see restaurants that cater to the evening meal crowd: KFC, Taco Bell, Subway and Pizza Hut. That's because people don't go there for breakfast. They get it on their way home, outbound from the city at night. If you put your restaurant on the wrong side of the road, you could be making a huge strategical error. Think!

Location, location, location as they say, are the 3 most important things in real estate. That is a very true statement. With residential property, that boils down to safety, security and convenience. So buy homes in good neighborhoods, cul-de-sacs preferably. No noise or through traffic, no escape routes for thieves, and a private setting, where kids play in the street without getting run down.

Security = close to hospitals, police and fire protection for obvious reasons.

Convenience = stores, gas stations, restaurants, small businesses, parks and recreation and access to major highways to circulate or evacuate if necessary.

You might get a great deal on a piece of properly but if it takes you a half hour to get a loaf of bread. What kind of resale will that great deal offer? Another great deal may back up to or face a busy street. That's often a poor choice as well...noise, pollution, the loss of privacy and curb appeal are all factors here.

The two best types of property to buy are:

1. Property that no one else knows is for sale! Why? Because you have no

competition.

2. Property no one wants! You just have to figure out why people don't want it.

If you can turn that lemon into lemonade through some problem solving, that

jewel may just shine because you used the right magic polish.

In real estate, you get paid when you solve problems. That is a fact!

Here is a golden nugget for you. If you do this, it will catapult your real estate investment career. I guarantee you will gain more insight to real estate by doing this one thing than just about anything else you could possibly do. The golden nugget is this: Take a real estate appraisal course. It will fly by, a few weekends and it's over, but the perspective and the information you gain from the class is priceless. It gives you vision, ideas and understanding. You will have an edge over every other investor who has not done it.

I had an instructor, who by some stroke of luck, I was privileged to be taught by. His name is Steven V. and he is truly a genius. This guy could make millions if he applied himself to real estate investment but he chooses to teach and give back to others in that way. He is very comfortable in life and money is a by-product for Steven. When I finished the class, I had appraisers wanting to hire me to go to work. Now I don't want to work as an appraiser. I just want to think like one and that is why I took that four-weekend course. That class taught me more than both of my real estate licensing courses combined. The reason for that is real estate classes deal with state laws, contracts, regulations and ethics. Appraisal focuses on evaluating real estate and that is what you want to learn as an investor.

A real estate license can actually hold you back from being a savvy investor and here's why: #1 - You have to announce to every seller that you are an agent. It's an ethics rule and a disclosure law. Well, now the seller is on guard for all kinds of reasons and you waste precious time overcoming negative reactions. #2 - When you go to sell your real estate, the same things apply but add to that scenario the fact that if you make large profits on property that you sell, people can come after you, saying you took advantage of them because of your expertise. And they win!

So you don't need to go to college for 4 years and you don't need a real estate license. What you do need is a guy like me to convince you to go to appraisal school and read books like the one you have now.

Then go out and do it, using a lawyer to protect you every step of the way. Again, here is a good point to make. Simply weave into every agreement or offer you make the following statement: This entire agreement is subject to my attorney's approval. I can't stress that enough. That's one line of text. That covers it all. It gives you time to investigate deals. It protects your interests and keeps you from getting burned in this business.

Here are a couple more beauties that I use to protect myself and you should too.

These are used with initial purchase offers:

1. Willing to pay X amount of dollars or appraised value, whichever is less.

(That says, "I'm only going to pay so much but if the appraisal is lower than

what I offered, than I am going to get it for the lower price. I don't get

burned!)

2. Subject to my partner's approval. (My partner was always my wife, and if she

didn't like it, the deal was null and void, cancelled, over, kaput, finito.)

Now nothing says my partner wasn't my dog, so if there's no fire hydrant, well the deal could be off.

Those are examples of escape clauses that could be abused to the point of being called "weasel clauses." Don't be a weasel! They give you a short period of time to have the option to buy something first with the right to cancel the deal, contingent upon something or someone else's decision.

I use them to protect myself and to get a little time to do my research on the property. Don't use them to unfairly tie a seller's hands. Be fair and try to move quickly when you do employ them.

What you are doing is creating a short time, zero-cost option to buy real estate. Here is a little trick and I don't use it very often but it can be used in a fair manner so I will give you the nugget. When you write an offer to purchase property, on the top line of the contract is a line that indicates who the buyer is. On that line in certain cases, I will write my name plus the words or assigns, like this:

Buyers: Dan Auito or assigns

What that word "assigns" does is this: it allows me to sell by assigning my right to buy the property to someone else. Dirty dealers will take advantage of people with that word if they can get away with it.

Here's where I would use it. In real estate, a lot of bargain hunters look for distressed property. You know, the fixer-uppers, the abandoned, condemned, fire-damaged stuff. I go a step further and look for distressed sellers such as death, divorce, relocation, but a lot of times I don't specialize in that type of property.

That's OK because if it's a steal and I get it for 40 - 50% off, I will assign it to someone who does deal in that type of property and make a profit by assigning it.

I'll always ask the distressed seller if that is a problem and if it is, I will buy it outright, then flip it but it costs more to do that. So I'll explain this to the seller and get their permission to use it. I don't slip it in on them. You will have a miserable existence if you practice real estate by deceit. Natural law will crush you; play fair! Purpose, passion and desire cannot be achieved or acquired by deceit. That's a quotable quote. I hope you remember it.

Let's get on with another story. This illustrates another fine example for you. This story is about a family who had business interests outside of real estate investing and as a result of the successes of their other businesses they had fairly large sums of money to play real estate like a monopoly game. Power can be dangerous in the wrong hands!

So here we go. This flush with cash family sees an opportunity to take advantage of an overlooked or left alone market. That market is the old-fashioned trailer park, or shall we say Mobile Home Park.

Anyway, the way most mobile home parks came into existence was this: Usually a man of integrity and strong work ethic coupled with a love for his fellow man would buy a piece of land suitable to the placement of mobile homes. As people moved in, he and his wife would welcome them and the neighbors would greet them and the community would become established.

The private owner would dig his own sewer lines and cut his own roads and landscape the park. Maybe put in the clubhouse complete with a swimming pool, shuffleboard, pool table and meeting hall. As time marched on, the residents bonded with each other and a family-friendly community took root. Well this man of integrity had a problem. Since all of his tenants are his friends, he is pressured not to raise the lot rents with inflation.

So the rents over the years are kept very low in the park and now this man and his wife are getting old. Perfect timing for our investors to come knocking and offer our private aging park owner a 2 million dollar price for his 10 acres of mobile home lots. This is a once in a lifetime offer and many park owners cashed out.

What people didn't see was these investors were systematically and methodically doing this all over the place and once they cashed out as many mom and pops as they could, they lowered the boom.

Now they the investors had control of many parks in the same areas and they started raising the lot rents. You see, they didn't have any emotional ties to the residents and they didn't live there, so it was a straightforward business deal: either pay the new higher rent or move.

The residents said, "To hell with you new owner, we are moving." "Well, fine, go ahead," they said. Now the residents started calling around to find another park with low rents but guess who owned those? Yep, our investors did, and those lot rents were going up too. So the mom and pops who didn't sell were full and it would cost on average of about $7,000 to relocate to another park even if they could find a vacancy.

The old folks who had it so good for so long were faced with a new reality and that was that they had no choice but to pay up or move, and moving, in many cases, wasn't an option. These investors exploited a complete segment of the market and made millions and millions in profit and continue to do so today.

It wasn't long after this happened that you started seeing signs saying, "This is a resident owned community." People eventually got smart and started buying that little lot that their trailer was sitting on and they began paying association dues for the clubhouse and security and grounds, maintenance and road repair. The good ole days are nothing but a fond memory.

Life goes on but America did not change for the better as a result of these types of people. Their only purpose was to make money; I believe they will die alone and in misery as a result of their way of life.

So I ask you again, can you be passionate and put your heart into investing in real estate by investing the way our corporate investors did? I think not. Money is no good when you get it by deceitful ways. I encourage you to work at balancing your objectives. Lease optioning, flippers...you are walking a fine line.

Here's a flip side to communal living. This story is a happier scenario, so let's have a little joy here. I once lived in Key West and I lived off base. Well, I thought I lived next door to Noah, and it sounded as though he was building another ark. All summer long, hammers and saws seemed to be making some type of racket, so naturally being the neighbor I was, I got to know the man next door. He never went to work and I asked him one day, "Don't you have a job and he kind of grinned and put his hammer down and this is Mark's story.

Mark and his brother were from the Northeast and they had a 30-room boarding house for college kids there, at something like $300.00 a month. That was about $9,000 a month and they made the parents responsible for the rent payments. Mark would spend his time with his family in the Keys for the nine months that school was in session. His brother was a local up North and he took care of the toilets, faucets, doors and windows. Yes, they had their very own animal house going on there, but Mark factored in the abuse and would spend 2 - 3 months a year, putting the animal house back together while the animals went home for summer break.

Mark only worked three months a year and the house (ark) that he built next to us was a masterpiece; it was beautiful. He was a master craftsman and he loved his work and spent a lot of his time with his family in a wonderful climate. Makes you kind of jealous, doesn't it? Well, don't let it because you can do it, too, but you must get started. Mark was 45 when I met him. I believe he was 25 when he got started, so my advice to you is to get started now!

Size Matters

Every town or county has a fairly strict building code that determines what you can build. There are always young buyers who want to know if an existing home is “up to code”, which of course it does not have to be.  Code is what you have to be “up to” if you are building new or modifying an existing home.  But codes change so often that it would be impossible to keep an existing home actually “up to” today’s code.

And besides the codes, there are covenants.  Most of the subdivisions I have dealt with over the years have some sort of covenants and usually some by-laws as well.  In the covenants are rules that are stricter than the municipal codes—the original developer generally designed these covenants—maybe 20 to 50 years ago, and more and more, these rules become outdated.  Of course having just come from my 50^th high school reunion, I can see the logic behind the old rules and I see the evolution of the new rules as well.  Let me elaborate.

Years ago when we were designing covenants, we assumed that a particular builder may not be the only builder in a sub-division development, and so—in order to create a unified look and protect each buyer’s investment and the value of the development as a whole—certain rules would be made that all the builders would have to follow.  For example, (one of our developments mandated:) no house would be smaller than 2000 square feet.  To keep the neighborhood neat, every house would have a 2 car garage; fences would only be allowed in the “back yard”; every lot would be fully cleared to it’s sidelines so visually the homes would flow together; and every house would have a tile roof to give a “Spanish” look; rules like that.

But that was then, this is now.  Today we are thinking greener, and beginning to see that smaller houses are more efficient in every way; we’re seeing that tile roofs leak and blow off in hurricanes; and that 2-car garages are nice, but people still leave their cars in the driveway or on the street; and regarding fences, well now that we have “invisible fences” maybe they’re not as important to contain the dog as they once were.

The reasons to build big homes were fairly clear, if every house were big, then the neighbor hood would be one of McMansions.  It used to be folks would come into the office and say, “we’re qualified for a $350,000 house, so show us what there is.”  Generally what appealed to them was the biggest house in their price range.  Buyers liked that they lived in a “special” neighborhood, loans were easy to get, and there were many who profited from the ever-bigger houses (banks, municipalities and the housing industry in particular) and today these groups are now facing the outcome.  To wit, the big houses have become hard to buy or sell just now. (Who has 20% to put down?).

Today the average American home is one of the largest in the world (it is four times the international average). When you consider the immediate revenue generated by oversized houses through permits, construction materials, labor, infrastructure development and land costs, as well as the ongoing property taxes, and costs of heating and cooling, remodels, maintenance of roofs and siding and (perhaps most notably) mortgage interest, it’s no wonder the large homes have been so popular with state and corporate groups alike.  But the long-term cost of these policies becomes clear when borrowers are, predictably, unable to make oversized payments on their oversized investments.

Our most appealing neighborhoods are the ones more homogenized, ones allowing residents to walk from home to a coffee shop or some other appealing location.  Clients ask for "downtown" locations (or locations near public transportation) so they can commute to work without having to drive.  Watch for more developments with these owner-friendly concepts in place.

Dane Hahn is a real estate professional practicing in New Hampshire and Florida.  He can be reached at 941-681-0312 or at dane.hahn@gmail.com.   

Retirement Home for sale

Everybody plans to retire at some point in their life and most of us have our own vision of what that will be like.  Probably your vision of a retirement home will not be anything at all like the home you live in today.  I would wager that like me, your idea of a great place to retire includes warmer climates, golf courses or beaches and the like, it might include being surrounded by your kids and grand kids and whether this is right or wrong, it's a healthy way to see the future.

But then there comes the time when health of one spouse or the other begins to weaken; and we continue to grow older, our parts wear out and the damn doctors can be so restrictive.  But active seniors should rejoice--enjoyable life doesn't have to come to a screeching halt just because going to Disney World is no longer a burning desire. There are lots of really nice retirement communities where a good "quality of life" and time with other folks is more important than the vacation atmosphere.

One such community--and the one I have intimate knowledge of--is Londonderry Retirement Community, located in Easton, Maryland. It could not be more lovely, and is a collection of buildings including some apartments, but also many smallish homes, some are 1-bedroom, but many have 2 bedrooms, plus living/family rooms and kitchens with stainless appliances and granite counter tops.  Some of the homes even have sun rooms or screened porches and patios. But in spite of the in-home amenities, there are dozens of activities and all the public rooms of a moderate-sized college.

Meals are enjoyed in a large gracious dining room, with a menu that changes daily.  There are the standard deli items, but usually there are three or four entrees from which to choose, at either lunch or dinner.  If you walk around the campus you'll find there is a fine library, lovely glassed-in sun porch, and a living room where games like Wii are played, movies are watched and parties are held. In the Manor house, which is an historic home on xxx creek, there are a number of public areas, including a billiard room, private dining rooms, screened porches for receptions and a wonderful octagonal swimming pool and croquet field--all in a waterfront layout.

Folks who live in Londonderry get 24 hour security, a nurse on call, and assistance whenever it's needed.  They enjoy a free membership to the YMCA, and have several buses to run them into town for hair appointments, doctor visits and general shopping.

The homes are usually sold, although there is at least one for rent right now. You can become an owner--depending on the size of the unit you pick--for something in the $200,000 to $240,000 range.  There is a monthly fee that includes all services, meals, security, medical overview, taxes, plus electric and maintenance. Londonderry is a Cooperative and it is overseen by the members who live there, but operated by professional managers, so the services offered are all top quality.

These homes are not listed in any MLS or with any Realtor. For more information, call Michelle Burgoon, 410-820-8732.  or  410-820-4295. Tell her Dane sent you.

Dane Hahn is a Real Estate professional practicing in both New Hampshire and Florida (and is an owner of one of the units at Londonderry that is for sale).  You can reach him at 941-681-0312 or 603-566-5460. Or send him an email at dane.hahn@gmail.com

Real Estate, Real Property and Leased Land; Definitions, Discussion and Explanations

Delaware, and the rest of the original British Colonies, has some land that is leased rather than owned by the residents of that land. Much of it is not evident to the casual observer.

The land on Lewes Beach is leased, not owned by the home owners. The land of Lewes Beach is owned by the Town of Lewes. The lands of Rehoboth by the Sea and Dewey Beach include leased land too. Most of the leases on that land will NOT be renewed but will return to the owners and the homes on top of that land will be removed by the home owners at their expense. Much of the land in Riverdale, on Indian River Bay, adjacent to Oak Orchard is leased as well. In Riverdale the leased land is owned by Chief Clark of the Nanticoke Indians.

We have about half the inhabitants of Sussex County living on leased land; most of that leased land is found in what people call mobile home parks or communities. However, in those communities there are seldom any homes that are truly mobile and there are even two story stick built homes on some of the leased lands in those communities. Condominiums and town houses are sometimes found on leased land as well. Some folks find all this rather difficult to understand.

We Realtors and Attorneys use the term fee simple to describe land that is being sold as real property; that is real estate. We used the term leased land or leasehold interest to describe land that is not transferring as real estate.

This rather lengthy text is regarding Leased Land, Real Estate, Private Property, Chattels, Mobile Homes, Homes on Leased Land and a legal dissertation to define, describe and determine the differences.

Terminology is important when discussing Real Estate, i.e. real property.

Black’s Law Dictionary is the recognized, definitive source for legal definitions under our American Law; which is derived from English Law

PROPERTY: In the strict legal sense, an aggregate of rights which are guaranteed and protected by government. BL6, p. 1216.

PERSONALTY: Personal property; movable property; chattels; property that is not attached to real estate. BL6, p. 1144

PROPERTY: (personal property) - In broad and general sense, everything that is the subject of ownership, not coming under the denomination of real estate. A right or interest less than a freehold in realty, or any right or interest which one has in things movable. BL6, p. 1217

Therefore personal property, is that which can be easily removed from the real estate, and is not real estate. Personal property includes crops, trees, shrubs, trailers, sheds, cars, mobile homes, manufactured homes that have a Department of Motor Vehicle title instead of a deed, and the contents of a home or building. In a home or business the personal property includes drapes, lighting fixtures, rugs (not installed carpeting) free-standing cabinets and cupboards, furniture, and all the contents of closets, drawers and buildings. Buildings without a foundation, that is sheds that are just supported by blocks are chattel property, that is personal property, and not part of the real estate. Such chattel includes dog houses and particularly the little storage buildings that are so common outside of homes today.

LANDS: In the most general sense, comprehends any ground, soil or earth whatsoever... Black's Law dictionary 6th Ed. (BL6), p.877

PRIVATE PROPERTY: As protected from being taken for public uses, is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. Property of a specific, fixed and tangible nature, capable of being in possession and transmitted to another, such as houses, lands, and chattels. BL6, p. 1217. Private property is land, houses, and chattels. Private property is protected from being taken for public uses. Private property is owned absolutely.

REAL ESTATE synonymous with real property" and p.1218 REAL PROPERTY ... A general term for lands, tenements, hereditaments (those things which are hereditary); which on the death of the owner intestate, passes to his heir." BL6, p1263

ESTATE: The degree, quantity, nature and extent of interest which a person has in REAL and PERSONAL property. An ESTATE in lands, tenements, and hereditaments signifies such interest as the tenant has therein. BL6, p.547 The definitions here all refer to: real estate = real property = estate = lands, tenements, and hereditaments. At first, one might think that ‘real property' is the proper term for 'all lands'. But it doesn't state the manner of ownership as clearly as the definition of estate. We just had a huge instance of this when the thousands of leased land lots under the homes of several thousand people, in Angola, Pots Nets, and Long Neck areas owned by the Robert Tunnel family was inherited by the children.

IN OUR AREA THERE ARE NUMEROUS LEASED LAND PROPERTIES AND THOSE PROPERTIES ARE THE REAL ESTATE OF THE OWNER OF THE LAND – NOT THE OWNER OF THE HOME WHICH IS UPON THAT LAND. If you examine the definition for ESTATE it refers to an interest in the same articles defined in real property and real estate.

What is this LAND and WHO owns it and HOW is it owned? Land can be private property OR estate, i.e. real estate. Estate is an interest in “real property" by a person or a tenant. Private property is owned absolutely by an individual.

INTEREST: More particularly it means a right to have the advantage of accruing from anything; any right in the nature of property, but less than title. - BL6, p.812. By this definition it's clear that INTEREST cannot be TITLE, since it is less than title. Interest may be a property right to land, but it's not a right to absolute ownership of land. Those who live on leased land, thus, have only an interest in the land; and that interest is a lease-hold interest. Is there a definition of property that says it's land held in absolute ownership, as does private property's definition? We can delve into this more.

ABSOLUTE TITLE - As applied to title to land, an exclusive title, or at least a title which excludes all others not compatible with it. An absolute title to land cannot exist at the same time in different persons or in different governments. BL6, p.1485

PRIVATE PROPERTY - ... is such property as belongs absolutely to an individual, and of which he has the exclusive right of disposition. BL6, p.1217

OWN - To have a good legal title; to hold as property; to have a legal or rightful title to; to have; to possess. BL6, p. 1105. To "own" is to have title. An interest is LESS THAN TITLE.

ESTATE: The degree, quantity, nature and extent of interest which a person has in real and personal property. An estate in lands, tenements, and hereditaments signifies such interest as the tenant has therein. - - BL6, p.547 From these definitions, it's plain that we can't absolutely "own" real estate. We can only have a qualified ownership of qualified and described ownership of Real Estate. Thus, we need that Deed Description to describe it and qualify it. That ownership is also qualified by various government rights, decrees and laws, from antiquity, such as rights against trespass. That ownership is qualified by taxation, zoning, rights of way, and a myriad of other entailments. We need, therefore, a title search to determine those entailments, some of which are invisible.

Therefore there is NOT as much difference in the rights and privileges of ownership and interest as one is led to believe. I have no problem with those who live on leased land instead of owning the land. Usually they are paying far less than it would cost them to own the same property. However, they don’t often get any appreciation of the land; the landlord gets the appreciation in real value, while the resident can appreciate the lifestyle for less cost per month or year.

However, since an interest in leased land is not automatically transferable and is NOT Real Estate and since the chattel property upon it, the mobile home is personal property, without a deed but instead has a title – Realtors are not by law supposed to be involved in the sale of such – but we are. We are supposed to only be selling real property. It gets all cloudy and foggy doesn’t it. That is why there are people and companies who sell mobile homes on leased land who are not realtors and don’t need to be. In fact, although no one will discuss it, Realtors are not supposed to sell mobile homes on leased land. We don’t need to engage in that battle any more than I just did by describing it.

OWNERSHIP: The complete dominion, title, or proprietary, including right in a thing or claim... Ownership of property is either absolute or qualified. The ownership of property is absolute when a single person has dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. The ownership is qualified when it is shared with one or more persons, when the time of enjoyment is deferred or limited, or when the use is restricted. - BL6, p. 1106 Such sharing is common with husband and wife, partners, families and corporations, etc.

DOMINION - Generally accepted definition of "dominion" is perfect control in right of ownership. The word implies both title and possession and appears to require a complete retention of control over disposition. - - -BL6, p. 486 I think you'd agree that zoning, building codes, home owners association covenants, condominium documents of use and business licensing is a restriction on the use of land (if it's Real Estate). And there is obviously the fact that failure to pay property taxes on real estate will result in loss of said property. That's definitely not absolute ownership. But private property is defined as ABSOLUTE OWNERSHIP, not qualified (interest).

PROPERTY (tangible) - All property that is touchable and has real existence (physical) whether it is real or personal. - - BL6, p. 1218 In summation, it takes a good attorney, and one well versed and experienced in real estate to understand the complex definitions, rights, liabilities, and privileges of real estate ownership. I have been buying and selling real estate for myself and assisting others in the buying and selling of real estate for thirty years. I have taught courses on real estate and real estate law. And, I would NOT consider purchasing a property, or purchasing property on leased land without the professional and paid assistance of an attorney who is a real estate specialist in the exact county in which the property is located. Other attorneys from other areas are not valid choices at all.

Help Wanted, Real Estate Sales II

Q.  I read your col­umn and really wanted to con­nect with you as I am look­ing into pur­su­ing a career in real estate. Think you could offer any tips?

A. Real Estate as a pro­fes­sion is a full-time com­mit­ment; you can’t work in an office in some other field AND work in real estate, so you’ll need some sav­ings. There are lots of expenses, and your first check is three to six months away. If you are wealthy enough so you sim­ply don’t need the money, that would be help­ful. If you are on unem­ploy­ment and have 99 weeks of ben­e­fits still to come in, that will be help­ful as well.

As a salesman, you MUST work for a Real Estate Company. So find a real estate agency office that needs you (not a huge office some­where where high pro­duc­ers rent their desks and run their own mini-corporations with lots of staff and won’t even learn your name for the first year). You may not believe me, but pass­ing the license exam will only allow you to work in real estate. In fact, you won’t know any­thing. A smaller office will have the time and desire to train you.

When pick­ing who to work for, you may be sur­prised that each Realty Office offers dif­fer­ent “splits” to their agents. Some will offer 50–50, some 60-40, some as high as 100 per­cent. But if you’re a new­bie, don’t worry about get­ting the best split from the bro­ker until you’ve proven that you like the busi­ness and have a few sales under your belt. Then you can rene­go­ti­ate your split, or go some­where else.

Focus on res­i­den­tial homes until you’ve cut your teeth. Then, if you have the desire, con­sider expand­ing to com­mer­cial or leas­ing. The laws are dif­fer­ent in dif­fer­ent states, but, in gen­eral, your sin­gle license will allow you to prac­tice in all those cat­e­gories. You will soon come to under­stand that work­ing up a lease or a con­tract might be thought of as prac­tic­ing law. And most states do not want you to prac­tice law with­out a license.

There are a few other rea­sons why you might con­sider com­mer­cial real estate. Res­i­den­tial agents are busiest on week­ends and many may only take Mon­day and/or Tues­day off. If you have small chil­dren, you will have to decide who will get your time. Com­mer­cial Real­tors gen­er­ally work 9 a.m. to 5 p.m., Mon­day through Fri­day. But even though the com­mer­cial deals are larger, there are fewer of them. It’s not unusual for a com­mer­cial agent to make a check for $50,000, but not get paid for 12 to 18 months. Most agents can’t wait that long to get paid. But if you have invested you time wisely, and have “deals” in your pipeline, it’s a good liv­ing and com­mer­cial may be the way to go.

Lots more tips in my old columns, most of them are posted here. Look back to see them

Q. Appre­ci­ate that fast response, Dane.

Unfor­tu­nately, with the econ­omy sit­ting the way it does, a full-time office job dur­ing the day is my only option as of right now. I have some sav­ings to help with a tran­si­tion but it won’t be for a few months yet.

Watch­ing the eco­nomic cli­mate and larger cities that are begin­ning to rebound, I think now is the time to get vested in the indus­try, but with my bills, unem­ploy­ment just isn’t an option right now.

I’ll have to read some of your older blogs to really get a sense of what I have to do. Com­mer­cial real estate is def­i­nitely some­thing I will look into.

A. I come from a fam­ily of Real­tors. My mother was a Real­tor, my wife was a Real­tor, and my daugh­ter is a Real­tor. I remem­ber once telling my daugh­ters that my one career regret was that I hadn’t found real estate sooner. I had a room­mate in col­lege who was major­ing in real estate, but I came to real estate after a pretty good career in pub­lish­ing. Still, you are your own boss, you set your own hours and decide for your­self how hard you are will­ing to work — and how long you will want to work. In reeal estate you don’t have to retire at 65. (On the flip side, if you do get a gold watch when you turn 65, it’s probably one you bought for yourself…)

Dane Hahn is a real estate pro­fes­sional prac­tic­ing in Engle­wood Florida and New Hamp­shire. You can reach him at dane.hahn@gmail.com, or by phone at 941-681-0312. See him on the web at http://www.danesellsflorida.com