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
Sell House Doctors House
How To Sell - House Doctors Channel4.com Text Only [ News | Film | Homes | Life | Entertainment | History | Science | Community | Shop ] | Sport | Culture | Cars | Money | Broadband | Learning | Health | Dating | Games ] [ Text Only: Homepage ] [ Graphical: Channel4 Homepage ] [an error occurred while processing this directive] page1 How To Sell House Doctors House doctors (also known as property presentation consultants, home stagers, house stylists…) offer professional help to people having problems selling their property. They'll give impartial advice on why your home isn't being snapped up and help with styling, or staging, your property in order to achieve a quick sale. There is evidence that house doctors really work. Their websites are full of stories of not only having helped people to sell within a short space of time, but of actually adding thousands of pounds onto the value of their property in the process. This is achieved with advice on tidying away clutter, repairing signs of wear and tear, carrying out necessary redecorating work, 'dressing' the property and how to hold a viewing. Where can I find one? Already massive in the US, house doctors are still very much a new idea in the UK. However, there are many small, local interior design or property renovation companies that offer a house doctoring service. The best way to find these is to look out for advertisements in your local paper. Some house doctors cover the nation as a whole: Property Presentation Services, Homestagers and The Final Touch are three of the most successful. What will it cost me? Daphne Leck of Property Presentation Services offers an obligation-free discussion in the first instance. Thereafter, the minimum fee is £250 for two visits, one before any work is done and one after. This includes a written report on each room and advice up to the point of selling, including how to choose an estate agent. PPS offer a consultation service: that is, they do not do the actual work themselves, but they can recommend and source materials and services. Home Stagers, run by interior designer Tina Jesson, is a UK-wide network of experts who have been trained and awarded an Open College Network-accredited professional certificate. Consultants offer services throughout the home ownership process. A Home Consultation costs £160 & includes a written report, online marketing and a 'Viewings Into Offers' guide. The Home Stagers website is content-rich and offers tips, free online advice and photo consultations. The Final Touch, run by interior designer Suzy Maas and estate agent Lottie Sanger, is London-based but will travel depending on the size of the project. They offer a written report after their initial visit, for which they charge £50 an hour. Should you choose to follow their advice, the couple then charge £450 a day plus VAT for two people's work re-presenting the property, including sourcing of all equipment and materials.
Texas Land Trusts About
Texas Land Trust Council Board of Directors Maincontent Local Navigation print friendly search Regulations Publications Outdoor Learning Kids Game Warden Grants Get Involved Shop FAQ Calendar Español Experience Texas Fishing & Boating State Parks & Destinations Hunting & Wildlife Land & Water Doing Business Home Land & Water Land Private Tltc Board Texas Land Trusts About Texas Land Trusts Starting a Land Trust Texas Land Trust Directory Foreword Listing Regional Index About the Texas Land Trust Council ( TLTC ) TLTC Board of Directors and Honorary Council News 2004 TLTC Conference Speech Bulletin Board TLTC Publications Land Trust Resources Texas Land Trusts Top 1-Million Mark in Acres Conserved Texas Land Trust Council Board of Directors Valarie Bristol, Chair Austin Kathy Pyne, Chair-Elect Houston Steve Bonner, Vice President Boerne Joy Hester, Treasurer Houston June Kachtik, Secretary San Antonio Mary Anne Piacentini, Past Chair Houston David Bezanson Austin Robert Forrester Amarillo Norene Hutchinson San Antonio Anjali Kaul Austin Merritt Kennedy Corpus Christi Jennifer Lorenz Houston Patrick McGloin Corpus Christi Carter Smith San Antonio Jim Varnum Farmers Branch Texas Land Trust Honorary Council Robert Ayres Austin Dave Behm Albany, NY Mickey Burleson Temple Jeff Francell Austin John Hamilton Louisville, KY Terese Hershey Houston Colleen Curran Hook McAllen Amy Monier Dallas Andy Sansom Austin Contact Us | Help | Accessibility | Media | Site Policies | Complaints | Intranet | State of Texas | TRAILS Search | TexasOnline | Compact with Texans Texas Parks and Wildlife Department , 4200 Smith School Road, Austin, TX 78744 Toll Free: (800) 792-1112, Austin: (512) 389-4800 Content of this site © Texas Parks and Wildlife Department unless otherwise noted. Last modified: August 5, 2005, 8:50 am
Sell House
Sell House Home Property Online, UK Sell your house / home / property online, advice for UK sellers. Sell Your Home Online With HouseWeb - Sell your house / home / property without an Estate agent. Your online advertisement will include colour photos and a virtual tour. Packages start at £47 and properties are featured on Asserta, Fish4 and many more sites. Guide to Selling Your Home in England, Wales and Northern Island Should I use an Estate Agent? If you choose to market your property yourself, you will need to arrange to value it (many Estate agents offer free valuations, or you could value it yourself if you have a good idea of the current market in your area), negotiate a final price with the buyers, market it and show prospective buyers around your home. Advertising it yourself may include: Making a for sale board and erecting it in your garden. Advertising your home in local newspapers. Advertising it on noticeboards and shop windows in your area. Marketing the property online. Making a brochure describing your house (quite straight forward if you have a computer and a digital camera ). If you have neither the time nor energy to contemplate the above, then you would be better off using a traditional estate agent. However, you can save thousands of pounds in commission by selling your home yourself. How can I make my property more saleable? First impressions can count for a lot when selling a house, so keep in mind the following: Keep the outside neat and tidy. Trim bushes and trees, remove weeds, especially from driveways, and consider adding tubs of flowers or hanging baskets to the front of your property. Try and remove any clutter from the inside of your house. Generally, the less a house has in it and the tidier it is, the larger the rooms appear. Try not to cram small rooms with too many pieces of furniture. Any essential and noticeable repairs should be complete before any viewings take place. Consider whether or not you are prepared to include carpets, curtains in the price of the house, or whether you would sell them separately. What fixtures are included with the house? Generally as a rule of thumb, anything that is physically attached to the house is included as part of the house and must not be removed unless specifically excluded in the contract. Such things would include light switches, fitted kitchen appliances, curtain rails and toilet roll holders. It is adviseable to prepare a list of anything that may be considered a fixture that you are going to remove, to avoid legal problems in the future. I've decided to use an estate agent. How do I choose one? Compare things as: their reputation (if possible), whether they are members of the appropriate professional body eg NAEA (National Association of Estate Agents) and of course the commission rates. These are generally charged at 1%-2.5% of the final selling price, but they can always be negotiated lower, especially on expensive properties. You will need to check if these fees cover all costs, such as advertising, brochures, for sale board etc. Pay attention to the contract you will be agreeing with the agent. Are you agreeing to: A sole agency You can only advertise through one estate agent. You agree to pay the commission to the estate agent if they find the buyer. If you find the buyer yourself (eg through an online service) then you don't pay commission to the estate agent unless you have a contract giving them "sole selling rights" in which case you will have to pay the agent even if you find the buyer yourself. If you are going to advertise the property yourself, make this fact clear to the estate agent and do not agree to sole selling rights with him. A joint agency You employ two or more estate agents who share the commission when the property is sold. Multiple agency You employ two or more agents but the commission is only payable to the one that finds the buyer. Doing your own packing and removals? You can buy cardboard boxes and packing materials online from Cartons Direct . That's The One For Me - Advertise your property online from £19.95 Mouse Price - Their database contains the price paid for any house sold in England and Wales. My Property For Sale - Properties are advertised on Asserta, Propertyfinder.com, Fish4, Channel 4 homes and Sky. House Network - Online estate agents with fee capped at £500. Properties are advertised on the industry leading Rightmove website, in addition to other property websites. Related pages: Lighting | Bedding | Income Tax Preparation | Curtains and Blinds | Home | Home Security Prenuptial Agreements
Land for sale in
Land for sale in Montana - Montana Land Sale | Site Map | Contact Us | This Site was Last Updated 12/28/2005 Bill Walker Realty 406-443-3424 For Montana Land information, Call Me Today at:406-492-7581 . Email: Bill Thomas Farm and Ranch Real Estate Ranch for Sale Land for sale in Montana Farm & Ranch Cattle Ranch for sale About Bill Montana Links Property Inquiry Agricultural News Telegraph Creek flows through this property Visitors to this site Best viewed with Internet Explorer at 800 x 600 resolution. Group Tour Planning for Montana Kids in Montana Lewis & Clark in Montana Montana Official State Web Site Winter Things to Do in Montana Land For Sale Bill Thomas, Montana Realtor Here is a place to find western Montana real estate help. Bill is here to find Montana land for sale. If you looking for real estate around the continental divide in Montana let Bill help you with your real estate needs either selling or buying. To b e the owner of land, that is a deep-seated desire for most of us and there are some great places to be found in Montana. The pleasure of climbing around your own property, taking care of your own land and building your own special place to live is one of the singular rewards of working hard and doing well. My greatest gift in life has come from helping people enjoy some of this part of Montana's wonderful and scenic properties. There are ranches with timber, lakes, rivers, creeks, mountains and valleys for sale in Montana, we just have to find them. I will help you find homes for sale and area information for Helena, Elliston, Avon and Deer Lodge, Montana. I have the real estate buying and selling knowledge, relocation help, and mortgage information you need to make your buying decision knowledgeable and pleasant. Learn more about me. Folks return time and again just to four wheel, hike, cross country ski or just explore the mountains and trails within a short drive of Helena. Extending from Helena, you will find, in nearly every direction are over 200 miles of trails leading to ghost towns, high mountain ridges and lakes, plus unlimited exploring on thousands of acres of national forest. If you would like to own your piece of Montana land just pick up your telephone and call Bill at 406-492-7581 or e-mail him at Montana Land For Sale The Helena area of Western Montana is a delight of confer covered hills that is mostly private land although there are many public lands in the area too. The wildlife, both fish and game is plentiful and in some areas abundant. Both mule deer and white tail deer inhabit Western Montana and the hunting season for both these species is open to resident and non-residents of Montana. The elk herds of Western Montana yield Boone and Crocket and Pope and Young trophies every year. The major blue ribbon trout fishing rivers of this part of Montana include: Madison River, Bighole River, Jefferson River, Ruby River, Gallatin River, Missouri River, Yellowstone River, Little Blackfoot River, Blackfoot River, Clark Fork, Bitterroot River, Flathead and they all have super trout fishing. Want a Montana Cabin Rental ? Bill Smith has a log home for rent just east of deer Lodge. For a great cup of coffee we use Beacon Beverage Systems and have not been disappointed yet. If you need Montana Elk Hunting Outfitters or a trophy elk antler to mount try Elk antler for sale . The n for a taxidermist go to Montana Taxidermy School . RealEstate4.com - The Real Estate Directory