Category: Miscellaneous

  • Mom stiffs son-in-law in real estate deal

    Families are the main sources of oral real estate transactions. Mom stiffs son-in-law is not uncommon. Brothers, sisters, cousins, grandpa; no one is immune. The advice to “get it in writing” is as or more important in families.

  • Fixing a leaky basement can be tricky

    Reader Question: ​We own a 45-year old home in a development. The house is well-built, with a full basement and sits on more than a half-acre of land. We have made some significant renovations, and the house is in great shape. The major problem we have is a leaky basement when it rains very hard,…

  • Is earnest money returned when real estate transactions fail?

    Reader Question: If we paid our good faith money to the agent, and the deal doesn’t go through, do we still get that money back, or do we have to go to court? Monty’s Answer: This question is a potential landmine. Real estate law varies from state to state, contracts are often poorly drafted, so…

  • Who pays the real estate commission?

    Reader Question: We are preparing to place our home for sale in the spring market. As we interview real estate agents, they differ on who pays the real estate commission in the transaction. This difference is curious to us. How would you answer the question? Monty’s Answer: Who pays the real estate commission is an…

  • Trust Our Real Estate Agent?

    Reader Question: We wanted to trust our real estate agent. We accepted a purchase offer which allowed us to stay for 21 days after closing with no cost and an additional 45 days at a nominal daily rate. We were out of town during the entire transaction, and our agent sent us the electronic document and…

  • Four Tips To Find Lost Closing Statements

      Reader Question: How do I find lost closing statements for a property I sold in 2004 in a 1031 exchange where the title company and 1031 companies are gone, the real estate agent is deceased, her company no longer has any records, and the mortgage company no longer has those records? Monty’s Answer: Fifteen…

  • Novice investor needs help with where to start

    Reader Question: I would like to get a home ready to rent but I don’t know where to start. I am a novice investor. Structurally the house is sound, but it has been neglected and needs to be cleaned up! The kitchen and master bathroom needs updating, and an in-ground pool and fencing need to…

  • Home Seller Seeks Negotiation Advice

    Reader Question: I need negotiation advice. ​I own a duplex and occupy one of the units. I have accepted an offer from a buyer for the property. My tenant’s lease extends eight months past the date of closing. I have negotiated a rent back to stay in my unit until the end of my current tenant’s…

  • Tips for dealing with real estate developers

      Reader Question: My property on the east coast has been re-zoned to high density. I have received many solicitations from real estate developers. I suspect that they do not have my best interests in mind. What agents-real estate attorneys, must I consult? Monty’s Answer: My interpretation of your question is that you want help…

  • Ten flashpoints in real estate contracts

    The ten flashpoints in real estate contracts are contract subjects to make certain you understand.

  • Tips for testing real estate agents

    Reader Question: I envision the real estate service is delivered differently than a physical product. I can touch a product, examine it, use it according to instructions to “test” if it works. Outside of the legal documents, much of the real estate service is oral. I cannot “test” it in a traditional sense. Can you…

  • Sample Agent Deliverables

    Sample agent deliverables. Useful real estate agents are honest, knowledgeable, and efficient. Every enterprise in every field of endeavor seeks these qualities in individuals with whom they choose to associate. There are many reasons the real estate industry has set the bar low, which is why the real estate service consumer has to be alert…

  • Five tips a new real estate agent can use

    Reader Question: I am a new real estate agent. I am twenty-two years old, and I want to leverage my time to build a solid foundation. Residential home sales appeal to me as an excellent segment to start my career. What advice would you have for me on the best path? Monty’s Answer: Real estate…

  • Defeating the vague home inspection comment

    Reader Question: We have a vague home inspection issue. I own a home inspection company of 21 years and my inspectors are ASHI Certified. During an office presentation, this issue was brought up: “Why are more inspectors’ comments more vague in how to diagnose the issues found. Instead, clients have to consult with additional professionals to…

  • A condominium buyer alert

      An alert for condominium buyers Reader Question: We bought a condo unit in a mid-rise development on the west coast. We had the unit inspected, and the inspector turned up several repair issues. They fixed the repairs correctly. We closed on the unit and moved in. Within a couple of months, we learned that…