Welcome back ,
Be sure to check out the latest UPDATE below .
Our April 30, 2021. Also off to your right under “UPDATES” are current (this year) as well as past UPDATES.
Be sure to put our Help Line (561) 852-4900 in your cell phone.
Be Sure To Read The Entire UPDATE. Items Are In No Particular Order.
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*** REMINDER***
New “Mandated” Form
Not exactly “New” but we are mandated to use it anyway.
“Waterfront Property With Ocean Access”
Please use this form with Waterfront Properties With Ocean Access.
If you are selling a Waterfront Property With Ocean Access, regardless of which side of the transaction you are on, use this form. This will protect all parties to the transaction. The seller, buyer, you, me, and LRI.
The new form is already on our LRI website. A copy is attached and if the attached copy is stripped out by your ISP or email client, you can click HERE to see a copy or copy and paste this link http://lensonrealtyco.wpengine.com/download/waterfront-property-with-ocean-access-3/.
Again, please start to use it right away. We are monitoring all waterfront properties with ocean access to make sure this form is used.
NEW FAR Forms
There are three new (or relatively new) forms. The Sellers Disclosure (SFH & Condo) as well as a new Exclusive Right To List, and Transaction Broker Listing Agreement.
They are ALL on our LRI website. So as usual, please download the Listing Packet that has all of these newer forms and discard your older ones starting with your next customer.
ALL Listing Packets and Buyer Packets are available on our LRI website.
ALL Seller/Buyer Contracts for Sale & Purchase as well as Rentals are updated and available through the Association via “Form Simplicity”.
Commission Splits
In 24 years, LRI adjusted the commission split once. After 2+ decades, we are making one more adjustment of only $100. Starting May 15th, of this year, the Flat Fee of $395 is bumping up to $495. A whole $100. Whoop, whoop. This is for purchase & sales only. Not rentals. Rentals are still only $95.
FREC Rule Amendment
FREC Rule 61J2-10.038(2) now reads as follows: Each licensee and permit holder is required to notify the department [of Business and Professional Regulations] in writing of their current mailing and e-mail address and any change in the current mailing or e-mail address within 10 days after the change. The first time failure to comply with this requirement shall result in the issuance of a Citation; second or subsequent violations will result in disciplinary proceedings against the licensee.
FYI, in everyone’s ICA, it states, if you do change your e-mail address, let us know. Our agents have been doing a good job of this. Kudos. Be sure to also update DBPR as needed.
Code Of Ethics & Standard Of Practice
FYI, NAR added Standard of Practice 10-5 to the Code of Ethics. Realtors® must not use harassing speech, hate speech, epithets, or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.
Hello…. Reminder…..Our Address Changed A Year Ago
For the few agents who are sleeping, please change our suite number only from 208 (like we are no longer there) to 42. We are now (and have been for a year) in suite #42. All else regarding our corporate physical address is the same. Only the suite number changed.
Sadly, But I must Repeat This Once Again
Photos
As you all likely know, I tend not to repeat past news but it appears it is necessary.
You Must Take Your Own Photos or Have A Professional Take Them For You.
Photos Are Proprietary Property
You Can’t Just Use Anyone’s Photos
If the Association President gives you a “stock” photo of the community, can you use it? NO! Those photos are OFF limits.
Google images are OFF limits.
Shutter Stock images are OFF limits.
Getty Images are OFF limits.
Facebook images are OFF limits.
And a bazillion other places are OFF limits.
If the homeowner gives you a photo, it is OFF limits.
You can only use a photo (image) if 1) YOU took the photo or 2) the person who took the photo has given you WRITTEN permission to use the photo. <— The next question is, did the person who gave you written permission have 100% rights to the photo, thereby allowing them to give you permission to use the photo?
We lost a lawsuit due to the above. If you have any questions, call the Help Line (561) 756-7002.
The Mark Lenson Mantras
Calling Associations:
Customers call Associations (Condos, Homeowners, or Cooperatives,) never the real estate agent.
It does not matter where the customer is living, it does not matter if the property is a foreclosure or a short sale. There are no exceptions. Customers and only customers call Associations.
Use Specific Dates
When the P&S Contract refers to September 15, 2021, it is very clear. When a P&S Contract says something must be done within 20 days from the effective date… then not so clear.
What is the effective date? I have never found an agent who actually knew the definition of an effective date.
What days are included?
What days are excluded?
How are dates calculated? Using business days? Calendar days?
How are holidays handled? Which ones are included? Which ones are excluded? The P&S Contract references national legal holidays. Do you know which ones are the national legal holidays? That would be critically important to know.
If you use specific dates, then all of the unknown, all of the confusion, all of the calls I get that someone is out of contract will go away. You and all parties involved will have less headaches.
No Blanks, No Blanks, No Blanks
No listing agreement, no purchase and sale contract, and no addenda should have any blanks in them.
When an agent leaves a blank on a document, it is unpleasant when another party fills it in with something not agreed upon by all parties. Now you have an argument between sellers and buyers because the agent left a blank in the document.
No blanks, no blanks, no blanks.
If It Is Not In Writing, It Never Happened
It does not matter where you are, it does not matter who the witnesses are; in the transfer of real property, if it is not in writing then it never happened. It does not matter if you are talking over the telephone, it does not matter if you are talking nose to nose, it does not matter if you are talking into a plastic cup attached by a string……… if it is not in writing it never, never, never happened.
If something was agreed to verbally, then follow it up with an addendum, a text message or an email confirmation.
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As always, call us on the Help Line (561) 756-7002 anytime.
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If there is anything in particular you would like for me to review either via the UPDATE or Brief Note, let me know.
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Be Sure To Read Past
UPDATEs & Brief Notes
Posted On www.LensonRealty.com
Protect Yourself
“If It Is Not In WRITING, It Never Happened.”
Help Line (aka Life Line): (561) 756-7002
Warmest & Best Regards To You,
Mark Lenson
Confidentiality Notice: UPDATES ARE COPYRIGHTED and the property of Lenson Realty, Inc. The information in the UPDATE is proprietary and confidential. The above information belongs solely to Lenson Realty Inc. and may be disseminated to Lenson Realty, Inc. agents only. The UPDATE is not to be shared with anyone other than a Lenson Realty, Inc. Agent without the written permission from the Broker/Owner. If you are not a recipient as indicated above you may not use or copy or deliver this message to anyone else. In such case, you should destroy this message and kindly notify the sender by reply.
<< Be sure to read the entire UPDATE. Items are not in any particular order. >>
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Lenson Realty, Inc.
©
Warmest & Best Regards To You,
Mark Lenson
Confidentiality Notice: UPDATES ARE COPYRIGHTED and the property of Lenson Realty, Inc. The information in the UPDATE is proprietary and confidential. The above information belongs solely to Lenson Realty Inc. and may be disseminated to Lenson Realty, Inc. agents only. The UPDATE is not to be shared with anyone other than a Lenson Realty, Inc. Agent without the written permission from the Broker/Owner. If you are not a recipient as indicated above you may not use or copy or deliver this message to anyone else. In such case, you should destroy this message and kindly notify the sender by reply.
