buy property to prevent

Neighbors Buying Property To Prevent The Establishment Of A Group Home The Bazelon Center for Mental Health Law Issue: Housing About News In court Take action Publications More resources Topics : Information sheets Advocacy resources on fair housing Jump to an issue: Advance Psych. Directives Children Civil Rights and the ADA Criminalization Education Elders with Mental Illnesses Housing Insurance Involuntary Commitment Managed Care Medicaid Medicare Rx Drug Benefit Mental Healthcare Privacy Restraint and Seclusion Supports in the Community - SSI - Temp. Assist. for Families Voting Fair Housing Information Sheet # 3 Neighbors Buying Property To Prevent The Establishment Of A Group Home Imagine the following scenario: A house in a residential neighborhood is for sale. A provider of residential services to persons with mental retardation believes that the house would be a great location for a group home for three women and submits a bid to purchase the house. Neighbors of the seller learn of the provider's interest in the home and meet to develop strategies for preventing the women from moving into the neighborhood. Eventually, the neighbors conclude that the only way to prevent the provider from purchasing the home is to submit a higher bid. The neighbors realize that none of them can afford to buy the home alone, so they pool their resources, give the money collected to one of the neighbors, and that person offers the seller $5,000 more for the home than does the provider. The seller sells the home to the neighbor acting on behalf of the group. Do the actions of the seller or of the neighbors who purchased the home violate the Fair Housing Act? The FHA makes it unlawful to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicapof (A) that buyer or renter; (B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (C) any person associated with that buyer or renter. 42 U.S.C. 3604(f)(1). The FHA contains an exemption for single-family houses sold or rented by an owner, provided that the owner does not use the services of a real estate agent or broker, own more than three such single-family houses, and, if the owner is not a resident, has not completed more than one sale within a 24-month period. 42 U.S.C. 3603(b). Thus, assuming the listed conditions are met, it is likely that the owner cannot be found liable under the 3604(f)(1) of the FHA. But what of the neighbors, who banded together to buy the home in order to prevent persons with disabilities from living there? Courts that have faced this and similar scenarios have answered the question in different ways. In Michigan Protection and Advocacy Service, Inc. v. Babin , 18 F.3d 337, 344 (6 th Cir. 1994), the Sixth Circuit called action similar to that described above as "normal economic competition." The Babin court analyzed the liability of the neighbors who contributed extra funds to make the purchase possible under 3604(f)(1), specifically the "otherwise make unavailable" provision. The court explained that, in normal economic competition, every purchase of a unique commodity affects availability to others. Thus, the court concluded, finding the neighbors liable would cause the statute's reach to be overbroad, and it affirmed the summary judgment entered by the court below. A claim also was asserted against the seller and the neighbors pursuant to 42 U.S.C. 3617, which makes illegal interfering with the exercise and enjoyment of the right to fair housing. The Sixth Circuit also rejected this argument, finding that the seller was motivated purely by economic considerations and that, while the purchase of the house disrupted the provider's negotiations, it did not prevent the provider from making an even higher bid on the property. Babin, then, stands for the proposition that actions related to the purchase of property — even when taken for the sole reason of preventing the use of that property by persons protected under the FHA — is "normal economic competition" and therefore is not a violation of the FHA. Not every court that has considered the issue since the Babin decision has agreed with that proposition, however. In United States v. Hughes , 849 F. Supp. 685 (D. Neb. 1994), the court denied a motion to dismiss and found the Babin decision "plainly wrong" in suggesting that there is an economic competition exception to the FHA. In Hughes , the court determined that a lender, who agreed to finance the purchase of property knowing that the intention of the buyer was to prevent the establishment of a group home, could be liable under 42 U.S.C. 3617. The court held that a bank violates the FHA by intentionally aiding buyers in keeping a home from other purchasers because those other purchasers are or are associated with persons with mental illness: [T]rue ' economic competition' does not exist when the purpose of the competition is to deny a protected person access to housing, as opposed to securing housing for oneself or for investment purposes. In fact, it is irrational to spend money for the purpose of prohibiting someone else from living next to you, if the reason you do not wish to live next to that person is because he or she has a handicap protected by the Act.-- Hughes at 686 (emphasis in original). A third opinion on this issue adopts the Hughes analysis. In Step-by-Step v. Lazarus , No. CV-97-1006 (M.D. Pa. Oct. 17, 1997), the court, in denying a motion to dismiss, held that the FHA "does apply to a buyer who purchases a property with the intention of preventing the purchase by an entity planning to use the property as a Group Home for members protected by the Act." Id. , slip op. at 1. In reaching this conclusion, the court agreed with the Hughes reasoning and stated that normal economic considerations do not exist where the underlying intent of the purchaser is to discriminate. The court found support for this proposition in 24 C.F.R. 103.20(a), which allows the filing of a complaint against "any person" engaged in a discriminatory housing practice, and in 24 C.F.R. 100.50(b)(3), which makes it unlawful to engage in "any conduct" that denies or makes housing unavailable to persons with disabilities. As these cases demonstrate, determining the motives of a buyer, seller, or neighbors and whether such motives are legally relevant is a complex issue. On the one hand, Congress has clearly mandated an end to discrimination in housing, and a narrow interpretation of the FHA, such as in Babin , allows persons with discriminatory intent to prevent individuals with disabilities from moving into a community. On the other hand, examining the private motives to all the various parties to a real estate transaction may be both unwieldy and burdensome. Clearly, it is helpful to fair housing advocates that the reasoning in Babin — even though articulated by an appellate court — was not convincing to the next two courts to consider very similar situations. While it remains too soon to make any definitive pronouncements on the merits of the issues, it is apparent, given the holdings in Hughes and Step-by-Step , that the actions of neighbors who buy property to prevent the establishment of group homes remain subject to viable challenge under the FHA. This information sheet was produced under a contract with the Advocacy Training/Technical Assistance Center of the National Association of Protection & Advocacy Systems For more information, contact Michael Allen, Bazelon Center for Mental Health Law, 1101 15th Street, N.W., Suite 1212 Washington, D.C. 20005-5002. Phone: 202/467-5730 ext. 117. E-mail: Michaela@bazelon.org . Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org Judge David L. Bazelon Center for Mental Health Law 1101 15th Street, NW, Suite 1212 Washington, DC 20005 Phone: 202-467-5730 Fax: 202-223-0409 Email: webmaster@bazelon.org

Florida Real Estate Commission's

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We realize that choosing the best real estate school can be a tough decision. We encourage you to see what our students have to say about us . If you're in the Tallahasse region and considering taking one of our classroom courses, feel free to call a few local brokers and ask them which real estate school they would recommend. We're confident they will send you to us. If you have any questions that have not been answered by your visit to our site, please contact us and let us know. ** Free UPS Ground shipping on all orders is available in the continental US only. Free shipping not applicable to Hawaii, Alaska, Puerto Rico or the US Virgin Islands. home | courses | exam prep | books | laws | forum | articles | support | contact | links forum -- online store | store search | view cart | checkout | terms & conditions | testimonials | site map All content 2002-2005, The Real Estate School, Inc. 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Buy Home Networking Products

PCWorld.com - How to Buy Home Networking Products ')-- Cameras PCs Laptops Printers Monitors Spyware DVD VoIP IN THIS GUIDE Introduction The Big Picture The Specs Explained Home Networking Shopping Tips RELATED ARTICLES Network Storage for Home and Business First WiMax Products Will Soon Get Nod HP Warns About Flaw in Network Management Product Internet Tips: Access Your Files and Apps From Anywhere for Free Sun's Grid Stumbles See all related items Topics > Internet & Networking > Networking > How to Buy Home Networking Products « Previous 1 2 3 4 Next » Introduction If your home or small office has two or more PCs, you'll be pleasantly surprised by how many problems a network solves. Tired of sharing files by ferrying floppies? Exhausted by battling a spouse or coworker over who gets the new printer or access to a broadband Internet account? These issues go away once your PCs are connected and talking to each other. The Big Picture Learn the benefits and drawbacks of the different types of wired and wireless networks. more The Specs Explained Find out how to make sure a network is fast and secure enough for your needs. more Home Networking Shopping Tips Read our strategies for picking out the best networking technology before you start shopping. more Next page: The Big Picture « Previous 1 2 3 4 Next » Photograph by: Rick Rizner PC World Magazine Get 2 Risk-Free Issues and 15 Free Gifts! Customer Service and Subscriptions Sponsored Info Leading Peripheral Mfg. Announces New Brand - BenQ -- Microsoft's Visual Studio.Net packs powerful productivity wallop -- PCWorld.com Picks and Promotions -- NEW! Super Guide to Photo Editing NEW! Super Guide to PC Protection Free PC World Newsletters Security for Small Business Eliminate PC Annoyances -- Shop Now Online RSS Feeds About Us | Contact Us | Advertise | Corrections | Member Services | Site Map Terms of Service Agreement | ASME Guidelines | Privacy Statement | IDG International IDG NETWORK: CIO Computerworld CSO GamePro GamerHelp Infoworld ITWorld Canada JavaWorld Macworld MikroDatorn Network World PC Advisor PC-Welt PC World Latin America Playlist tecCHANNEL Techworld

Sell House

10 Steps to Take Before You Sell Your House - Home Selling  You are here: About > Home & Garden > Home Buying / Selling > How To Sell a House > 10 Steps to Take Before You Sell Your House - Home Selling Home & Garden Home Buying / Selling Essentials 10 Things Home Buyers Shouldn't Do Best Tips for First Time Home Buyers "Must-Do" Tasks Before You Sell How to Buy a Home, Step by Step For Sale by Owner Advice Articles & Resources How To Buy a Home How To Sell a House Celebrity & Historic Credit Reports & Scores Design & Remodel Home Maintenance Inspections & Appraisals Investing & Foreclosures Modular & Manufactured Mold, Radon, Lead, etc. Mortgage Advice Moving & Relocation Real Estate Careers Real Estate For Sale Vacation Homes Buyer's Guide Before You Buy Top Picks Home Buying Books Foreclosure Books Mortgage Books Product Reviews Forums Help FREE Newsletter Sign Up Now for the Home Buying / Selling newsletter! See Online Courses   Search Home Buying / Selling Stay up to date! Email to a friend Print this page More Home Selling Articles Understanding Material Facts and Property Disclosures Get Ready for Your Home Inspection Should You Buy a Home Warranty? More Home Selling Resources How to Read the HUD-1 Settlement Statement Getting the House Ready to Sell How To Measure Your Square Footage Recent Discussions Excellent credit, no savings- help!! Buying an out of state home ? Re-financing... Related Blogs Mortgage Fraud Blog The Real Estate Blog The Money Pit Most Popular Modular and Manufactured Homes Finding Your Best Place to ... Home Buying Don'ts First Time Home Buyer Tips Before You Sell Your Home What's Hot Coping with Unethical People How To Buy Land Real Estate Appraisal Before You Buy a Log Home Package Home Buying / Selling - GuideReviews Related Topics Home Repair Architecture Credit / Debt Management Housekeeping Landscaping 10 Important Steps to Take Before You Sell Your House From Janet Wickell , Your Guide to Home Buying / Selling . FREE Newsletter. Sign Up Now! Essential Home Selling Preparations The home selling process differs from state to state, but there are some important steps that most home sellers should take before listing a house with an agent or selling it for sale by owner. Every bit of prep work you do helps you get the most return from your investment. 1. Get Pre-Approved for a Home Loan I've known sellers who signed a contract to sell their house before they knew if they were qualified to buy another. Either their financial circumstances had changed since their last purchase, and they could no longer qualify for a loan, or they weren't able to sell at a price that allowed them to buy the type of replacement house they wanted. They ended up renting or buying something that was far from ideal. Before you decide to sell the house, get pre-approved by a lender you trust and research the housing market in the area where you wish to live so that you have a good idea how much it will take to buy a replacement. Start looking for two types of real estate: houses that seem to match the one you'd like to buy and houses that are similar to your current home. How do the two categories compare in price? Can you handle the difference if you're planning a step up? Mortgage Helpers: Are You Pre-Approved for a Mortgage? And to compare for-sale homes to your own, learn how to Measure Residential Square Footage . 2. Check Your Mortgage Payoff Call your lender to check the payoff for your current home mortgage. You'll need the figure to complete Step 6. 3. Determine How Much Your House Is Worth Determine your home's fair market value. Real estate agents will usually help you determine value as a courtesy, but you might take it a step further and order an appraisal . 4. Estimate Your Costs to Sell Real estate commission if you use an agency to sell. Advertising costs, signs, other fees if you plan to sell by owner. Attorney, closing agent and other professional fees. Excise tax for the sale. Prorated costs for your share of annual expenses, such as property taxes, home owner association fees, and fuel tank rentals. Any other fees typically paid by the seller in your area (surveys, inspections, etc.). Real estate agents deal with transactions every day and can give you a very close estimate of seller closing costs. 5. Estimate Costs to Buy a New Home Calculate moving expenses, loan costs, downpayment, home inspections, title work and title policy, paying for a new hazard insurance policy--all expenses related to buying a home. Your lender should give you a disclosure of estimated costs when you apply for loan pre-approval. 6. Calculate Your Estimated Proceeds Deduct your mortgage payoff from your home's fair market value. Deduct your costs to sell from the remainder to get an estimate of the proceeds you will be paid at closing. Will your closing proceeds cover your costs to buy a new home? If not, do you have cash or other funding to make up the difference? 7. Make Necessary Repairs Make all needed repairs unless you want the house to be regarded as a fixer-upper. I'm not referring to cosmetic updates--just items in need of repair. Anything that's obviously broken gives potential buyers a reason to offer you a lower price, especially if it's one of several repair hot spots that worry buyers the most. 8. Get the House Ready to Show Most houses need at least a little spiffing up before they are shown to potential buyers. Great curb appeal , fresh paint indoors (and sometimes out), organized closets and cabinets, sparkling clean windows and appliances and a clutter-free look are essential if you want the house to appeal to buyers. Be sure to avoid the things buyers hate most about houses. 9. Get Psyched Up to Let People In If you're listing with a real estate agent, she'll ask you to leave when the house is shown. Why? Because lurking sellers make buyers nervous--they don't feel comfortable inspecting the house when they feel they are intruding in your personal space. Unless there's a valid reason for it, don't ask your agent to be present for all showings, because that requirement can be the kiss of death for showing activity. Other agents want privacy with their buyers and they don't usually have time to work around your agent's schedule. Make the house accessible. That means it should always be ready to show. Many agents won't bother showing a house that takes 24 hours to get into. 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Rental Property Manager 2.0

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