The copious home sale contract

home sale contract
Home buying process (infographic from floridarealtors.org)

If you’ve recently bought or sold a home in Montgomery County MD, you probably recognized that the home sale contract was quite lengthy.  In fact, depending on the situation and additional addenda, a contract can be fifty-plus pages. It seems as if that the home sale contract gets fatter as every year passes. It’s no wonder why I am often asked “Why are home sale contracts long winded?”

Why is our home sale contract so long?  Our local home sale contract has a number of required addenda and disclosures.  There is a simple reason for this, but let’s look at the foundation and need for the contract.

It’s important to mention that property sale contracts around the country are not the same.  Every jurisdiction has their own criteria for a home sale contract.  A recent client who relocated from New Jersey shared their home sale contract, which was a fraction of the size of our local contract.  Likewise, a colleague asserted the same about the property contracts in Arizona, where he was licensed for a number of years.

Property sale contracts go back into antiquity.  Most likely, ancient contracts formed a basis of ancient record keeping.  These ancient contracts were also “promises” that were enforced in some manner that was keeping with the time.  For example, The History Blog (thehistoryblog.com) tells the account of the Mogao Caves which are located in the Gobi Desert and date back to the fourth century.  One of the caves held a cache of financial documents from medieval China, including property sale contracts and records!

According to the legal historian A. W. B. Simpson, modern English contract law has roots in the middle ages (A History of the Common Law of Contract: The Rise of the Action of Assumpsit; Clarendon Press; 1987).  The contract was founded in the concept of “assumpsit,” which was the basis for resolving “broken promises.”  Assumpsit allowed individuals to bring claims of broken promises to local courts.  Although the practice was traced back to the thirteenth century, court hearings were routine in the sixteenth century.  This model became the basis for enforcing a private contract.

It wasn’t until 1677 when the English Parliament enacted “An Act for the Prevention of Frauds and Perjuries,” known today as the Statute of Frauds.  According to Russell Decker, the Parliament enacted the law that required contracts to be written, because parties obliged by a contract were not allowed to provide testimony in court (The Repeal of the Statute of Frauds in England; American Business Law Journal; 1973; 11:1 p55).  The written contract was the “witness” to a promise.  However, most of the Statute of Frauds was mostly repealed in England in 1954.

The Statute of Frauds is still alive and well in the US and the basis for the real estate contract in Maryland.  Statute of Frauds is a subtitle of the Real Property Act of the Code of Maryland.  Section 5-104 Executory Contracts states: “No action may be brought on any contract for the sale or disposition of land or of any interest in or concerning land unless the contract on which the action is brought, or some memorandum or note of it, is in writing and signed by the party to be charged or some other person lawfully authorized by him.”

So ok, home sale contracts need to be in writing, but why are our contracts lengthy?  The reason is because many of the addenda and disclosures are generated because of statutory requirements to provide specific information in a contract of sale. Besides  the expected list of notices and disclosures (such as property condition), there is a compendium of additional required notices and disclosures that is found in Code of Maryland  Miscellaneous subtitle of the Real Property Act section 14-117 Contracts for Sale of Property.  Additionally, jurisdictions around the state include additional addenda and notices for home sales within the respective county and/or locality.  Of course, Montgomery County has added a number of disclosures and notices (such as the Utility Cost and Usage History Form and the Real Property Estimated Tax).

Make sure your agent is knowledgeable about the jurisdiction in which you are buying or selling.  As a buyer, you need to make sure you receive all the relevant notices and disclosures.  As a seller, you may incur a fine for non-disclosure of certain notices.

Original published at https://dankrell.com/blog/2018/09/20/copious-home-sale-contract/

Copyright© Dan Krell
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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

Flood insurance checkup

flood insurance
National Flood Insurance Program (fema.gov)

Hurricane Florence is not your average storm.  As it will undoubtedly devastate the area where it makes landfall, it will also wreak havoc along the east coast.  Some are already calling it a historic storm.  Flooding is expected not just along the coast, but also well into the mainland due to heavy rains.  Even my local county (Montgomery County) is bracing for persistent heavy rain even though we are in central MD. In its aftermath, hurricane Florence will be another reminder for Congress to act on a long-term reform of the National Flood Insurance Program.

The National Flood Insurance Program was created 1968 as a result of the aftermath of hurricane Betsy.    After the 1965 hurricane ravaged the gulf coast, Congress realized that flood insurance should be affordable and widely available to home owners, tenants, and businesses.  The National Flood Insurance Program provides coverage associated with hurricanes, tropical storms, and heavy rains.  Like other Federal programs, Congress funds the program.  However, in recent years, Congress has appropriated short term extensions for the program.  The current extension provides funding through November.

National Association of Realtors President Elizabeth Mendenhall, issued a statement regarding the impending storm and a plea to Congress to act on reforming the National Flood Insurance Plan.  Mendenhall stated in the September 11th press release that there are an estimated 750,000 homes at risk from a coastal storm surge.  Furthermore, there is the potential of an estimated $170 billion of property damage just in the Carolinas and Virginia (nar.realtor).

Representing the National Association of Realtors, Mendenhall urges Congress to pass a long-term National Flood Insurance Plan by pointing out that “Flooding is the most common disaster in the United States, one that affects Americans in communities both coastal and inland every year.” She is correct to say, “In these times, we are reminded of the importance of peace of mind for property owners with access to quality and affordable flood insurance.

FEMA’s Flood Smart (floodsmart.gov) portal is where you can find more information about flood insurance and protecting your home before and after a flood.  Before a storm like Florence, you can reduce your risk by preparing.  FEMA offers suggestions for flood prepping, which includes (but not limited to): elevating critical utilities; ensuring your sump pump is working and has a battery back-up; install a water alarm in your basement; clear debris from gutters and down spouts; store irreplaceable documents (such as birth certificates, passports, etc.) in a safe, dry place; and of course, build an emergency supply kit that is ready to go when you are.  Your emergency kit should minimally include non-perishable food, bottled water, first aid, medicines and a battery-operated radio.  Ready.gov has checklists and additional preparedness information, including building your emergency supply kit.

It’s also recommended to make an inventory of your valuables so as to make filing insurance claims easier.  Additionally, know your flood risk level by checking FEMA’s interactive flood map (msc.fema.gov/portal/search).

FEMA warns home owners that regardless of your risk zone, flood insurance may be a necessary add-on to your homeowners’ insurance policy.  Even if you live in low or moderate flood risk area, you are five times more likely to experience a flood in your home than a fire.  Don’t assume your homeowners’ insurance policy covers flood damage.  Even if you have a flood rider, your coverage may be limited.  Review your policy with your insurance agent to determine if you have flood coverage as well as its limitations.

Original published at https://dankrell.com/blog/2018/09/12/flood-insurance-checkup/

Copyright© Dan Krell
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Protected by Copyscape Web Plagiarism DetectorDisclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

National Preparedness Month

National Preparedness Month
National Preparedness Month (from Ready.Gov)

September is National Preparedness Month!  Being prepared is not just having a “bugout” bag at the ready.  Preparedness is about taking stock to ensure safety for yourself and family in various conditions.  When you hear “preparedness,” you may automatically think of disaster or national emergency.  But it’s also about coping with various local emergencies including: weather, active shooter, hazardous materials, chemical, cybersecurity, and power outages.

FEMA encourages Americans to be prepared to prepare for and respond to all types of emergencies, including natural disasters and potential terrorist attacks.  National Preparedness Month is FEMA’s focused outreach effort to educate and empower everyone through local and online events (https://www.ready.gov/september).  National Preparedness Month activities are occurring throughout the country.  In Montgomery County MD, local National Preparedness Month activities are coordinated through the County’s Office of Emergency Management and Homeland Security.

Preparedness in your home starts with maintenance.  Proper home maintenance can not only help mitigate a disaster, but also prevent one as well.  Regular maintenance of the home’s systems is obviously suggested.  However, there are specific emergency related recommendations to help you in your home, which include: testing smoke alarms monthly, replacing smoke alarms every ten years, and knowing how to shut off your home’s utilities.  Additionally, to prevent a chimney fire, you should have your fireplace and chimney inspected and cleaned annually by a qualified and reputable professional.

Information is key to getting through an emergency.  If you have a cell phone, you may receive “Wireless Emergency Alerts” through the Integrated Public Alert Warning System, which includes amber alerts, weather alerts, and notifications from the Emergency Alert System.  However, localities also have there own alert systems.  Here in Montgomery County MD, the Montgomery Alert system can inform you of local government and school information, weather alerts, as well as traffic and infrastructure issues (montgomerycountymd.gov/OEMHS/AlertMontgomery).

National Preparedness Month
FEMA Preparedness Checklist (from ready.gov)

Do you have an emergency plan?  You should have a plan in case an emergency occurs in and out of the home.  Take time to update your home fire evacuation plan, and practice it with a family fire drill.  Choose a family rendezvous point in case an emergency occurs during work/school hours and the home is inaccessible.  Because cell phones are not reliable during emergencies, alternate means of communication should be considered.  Create a family communication plan by including: family contact information, family physician, medical facility information, and an out-of-town point of contact.

Is your homeowner’s insurance adequate?  The aftermath of recent hurricanes and floods have demonstrated that home owners with proper insurance coverage recover from those disasters quicker.  Insurance and emergency experts recommend to regularly review your insurance policy with your agent to ensure that the replacement costs of your home and possessions are covered.  Coverage varies depending on the policy.  Experts recommended to discuss flood and disaster insurance with your insurance agent.

As for the “bugout” bag… It’s recommended that you have an emergency kit in the home and in your car.  A basic kit should be able to get you and your family through 72 hours of an emergency.  However, extreme emergencies have revealed that infrastructure can be disrupted for weeks.  Many experts encourage having an expanded home emergency kit to last at least two weeks in case of a prolonged lack of infrastructure.

Learn more about National Preparedness Month at FEMA’s Ready.gov (ready.gov/September).  Ready.gov provides detailed information about preparedness for yourself, your family and your home, including assembling an emergency kit.  Local preparedness information in Montgomery County MD can be obtained from Montgomery County’s Office of Emergency Management and Homeland Security (montgomerycountymd.gov/oemhs).

Original published at https://dankrell.com/blog/2018/09/05/national-preparedness-month/

Copyright© Dan Krell
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Protected by Copyscape Web Plagiarism DetectorDisclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

Hire a reputable mover

mover checklist
Moving Checklist (from Federal Motor Carrier Safety Administration fmcsa.dot.gov)

Moving is stressful enough without having to deal with a rogue mover.  Before your hire a mover, do your research and know your rights.  Your rights may vary depending if your move is intrastate or interstate.  An intrastate move is within the same state, while an interstate move is between states.  Although intrastate movers are not licensed by the state of Maryland, there are a rules and consumer protection laws governing their business.  However, interstate movers must comply with Federal regulations.

Hiring a mover to move within Maryland (intrastate)

The Consumer Protection Division of the Maryland Attorney General published The Consumer’s Edge: Hiring a Mover? Protect Yourself!  The publication outlines your rights for a move within the state of Maryland (marylandattorneygeneral.gov). The pamphlet advises that estimates must be written, and must specify if it’s binding or non-binding.  Binding estimates are prohibited to change, while non-binding estimates in Maryland are capped and cannot exceed 25 percent of the original estimate.  Be wary of low-ball estimates, or a mover who does not ask a lot of questions about your possessions.  Don’t sign a blank or incomplete estimate.

Hiring a Mover? Protect Yourself!
Hiring a Mover? Protect Yourself! (from marylandattorneygeneral.gov)

If your move is within Maryland, consult the Maryland Movers Conference.  The MMC is a non-profit organization that is part of the Maryland Motor Truck Association, and works with “governmental authorities and consumer groups to promote the highest standards for the moving industry in Maryland.”  The organization established a Registered Mover Program, where movers abide by a code of ethics and other rules.  You can view valuable consumer info and the MMC’s list of member movers at their website (mdmovers.org).

Hiring an interstate mover

mover pamphlet
FMCSA Ready to Move Brochure
(fmcsa.dot.gov)

If your move is interstate, your mover is regulated by the Federal Motor Carrier Safety Administration of the US Department of Transportation.  The FMCSA website “Protect Your Move” (www.fmcsa.dot.gov/protect-your-move) provides an abundance of information to help you choose a reputable mover as well as tips and a checklist to help make your move less hectic.  The FMCSA maintains a registry of legitimate interstate movers from which you can search and view licensing, insurance, as well as complaints.

During the planning stage of your interstate move, Federal regulation requires your mover to provide you with a copy of the booklet “Your Rights and Responsibilities When You Move” and a copy of FMCSA’s brochure “Ready to Move.”  These publications (available on the FMCSA website) offer insight to make an informed decision, as well as understand your consumer rights in case something goes awry.


The FMCSA suggests that estimates that sound too good to be true are often a way for scammers to get your business. What are the red flags for which to be on the lookout? Be wary of:

  • Estimates given without onsite inspection of your possessions
  • A demand for cash or a large deposit
  • Blank or incomplete documents
  • Refusal to provide a written estimate
  • Movers who claim to be insured without providing proof
  • A mover who generically answers the phone “movers” instead of using the company’s name
  • No address or insurance info on the company’s website
  • Use of a rental truck instead of a company branded truck.
Moving Rights and Responsibilities
Rights & Responsibilities Booklet (fmcsa.dot.gov)

Movers must deliver your possessions.  Call the police if a mover threatens to not deliver for any reason.  Interstate movers may be in violation of Federal law if they hold your shipment “hostage.”  The FMCSA offers some recourse if you feel victimized by an interstate mover or broker.  The Protect Your Move Website has an online tool to make complaints.  A complaint may trigger a Federal enforcement investigation against the mover.

Original published at https://dankrell.com/blog/2018/08/29/hire-reputable-mover/

Copyright© Dan Krell
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Protected by Copyscape Web Plagiarism DetectorDisclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

 

 

 

 

Online fair housing

online fair housing
Fair Housing (infographic from nationalfairhousing.org)

Facebook has been under scrutiny for a number of issues, including privacy rights and political ads.  In an effort to enforce online fair housing, HUD has made a complaint alleging that the social media platform has violated the Fair Housing Act. Online fair housing is a serious issue. HUD’s enforcement of fair housing extends to online social media and sharing platforms.

The US Department of Housing and Urban Development complaint (hud.gov) states that:

Facebook unlawfully discriminates by enabling advertisers to restrict which Facebook users receive housing-related ads based on race, color, religion, sex, familial status, national origin and disability.  Facebook mines extensive user data and classifies its users based on protected characteristics.  Facebook’s ad targeting tools then invite advertisers to express unlawful preferences by suggesting discriminatory options, and Facebook effectuates the delivery of housing-related ads to certain users and not others based on those users’ actual or imputed protected traits…The alleged policies and practices of Facebook violate the Fair Housing Act based on race, color, religion, sex, familial status, national origin and disability.

HUD’s August 17th press release that announced the complaint alleges that Facebook

“invites advertisers to express unlawful preferences by offering discriminatory options, allowing them to effectively limit housing options for these protected classes under the guise of ‘targeted advertising.’”

HUD emphasizes that the Fair Housing Act “prohibits discrimination in housing transactions including print and online advertisement on the basis of race, color, national origin, religion, sex, disability, or familial status.”

HUD’s Secretary-initiated complaint follows the Department’s investigation into Facebook’s advertising platform which includes targeting tools that enable advertisers to filter prospective tenants or home buyers based on these protected classes.

Anna Maria Farias, HUD’s Assistant Secretary for Fair Housing and Equal Opportunity who filed the complaint, stated:

The Fair Housing Act prohibits housing discrimination including those who might limit or deny housing options with a click of a mouse…When Facebook uses the vast amount of personal data it collects to help advertisers to discriminate, it’s the same as slamming the door in someone’s face.”

Past online fair housing allegations

Allegations of online fair housing violations are not new for Facebook.  ProPublica alleged in 2016 that Facebook allowed advertisers to purchase discriminatory ads through a targeted advertising platform (Facebook Lets Advertisers Exclude Users by Race; propublica.org; October 28, 2016).  The targeted advertising platform had a “Ethnic Affinity” section (at that time, it was alleged that Facebook assigned “Ethnic Affinity” to subscribers based on posts and “likes”).  Facebook claimed that “Ethnic Affinity” is different than race, and was part of a “multicultural advertising” effort.

Following ProPublica’s investigative reporting, HUD briefly investigated the matter.  Facebook was said to have changed the targeted advertisement platform by moving “Ethnic Affinity.”  Additionally, an anti-discrimination advertising system was to be implemented.  However, a follow up investigation found that the reporters were able to purchase housing advertising that should have been rejected for discriminatory preferences (Facebook (Still) Letting Housing Advertisers Exclude Users by Race; propublica.com; November 21, 2017).

Facebook is not the first website to be accused of online fair housing violations.  In 2006, a civil rights non-profit sued Craigslist for discriminatory housing ads that were posted by users.  At the center of the matter was if Craigslist was considered a publisher.  The case was dismissed based on a Communications Decency Act provision that states, “…[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  Even though the suit was dismissed, Craigslist worked with HUD and housing advocacy groups to implement technology to prevent discriminatory words and phrases in housing ads (craigslist.org).

Original published at https://dankrell.com/blog/2018/08/26/online-fair-housing/

Copyright© Dan Krell
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