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
Real Estate Broker and
NYS DOS, Real Estate Professional Page NYS Department of State Division of Licensing Services F requently A sked Q uestions Applicants for Real Estate Broker and Salesperson Licensure Do I need to be licensed? Generally, Article 12-A of the Real Property Law provides that anyone who, on behalf of another and for a fee, 1) negotiates a sale, exchange or rental of real property, 2) collects rent, or 3) negotiates a commercial loan secured by a mortgage must be licensed as a real estate broker. What is the difference between a real estate broker and a real estate salesperson? A real estate broker is responsible for the supervision and conduct of the real estate brokerage business. He or she applies for and holds the license on behalf of the brokerage. This person is known as the "representative broker." A real estate salesperson works for and is supervised by the representative broker. The salesperson acts as the representative broker's agent. All listings, although perhaps negotiated by a salesperson, are accepted by the representative broker. How do I become a real estate salesperson or broker? In order to qualify for licensure as a real estate salesperson, an applicant must have satisfactorily completed a 45 hour salesperson qualifying education course in real estate approved by the Secretary of State, and have passed a qualifying examination administered by the Department. In order to qualify for licensure as a real estate broker, an applicant must have at least one year of experience as a licensed real estate salesperson or at least two years of experience in the general real estate field (e.g., buying and selling your own property, managing property owned by your employer), have satisfactorily completed both the qualifying salesperson course of 45 hours and an additional 45 hour real estate broker course as approved by the Secretary of State, and have passed a qualifying examination administered by the Department. Who licenses mortgage brokers? Anyone who negotiates or attempts to negotiate any mortgage loan other than a mortgage loan on residential property, in the state of New York, is required to be licensed as real estate broker, or as a salesperson associated with a real estate broker. This license is issued by the NYS Department of State. To negotiate a mortgage loan on residential property (one to four family building) registration with the New York State Banking Department is required. If I am a real estate management company, do I need a real estate broker's license? That depends on what services you provide. If you collect rent or place tenants in vacant spaces on behalf of your landlord client, the answer is yes. If, on the other hand, your services are strictly maintenance, the answer is no. you are not acting as a fiduciary (not handling another person's money). Whom do I call if I am not sure whether I completed my 22.5 hours of continuing education during my license term? Contact the school(s) you attended. Schools are required by law to maintain course completion records for three years. You may request duplicate certificates from the school(s) in the event you are audited. In order to renew my salesperson license, I completed the 45-hour broker qualifying course. Can I apply the extra 22.5 hours to my next license term? No. The law clearly states that continuing education must be completed within each license term. I could not complete the continuing education, but I wish to renew my license anyway. Can I apply for an extension? Please refer to §177.6 in the real estate law booklet. Extensions will only be granted in bona fide hardship cases. You must submit the following, preferably prior to your license expiration: a written request for the extension, completed renewal form, fee, and original documentation demonstrating your hardship; i.e. , medical documentation. I think I might be exempt, but I am not sure when I originally became licensed. Can you tell me when I was first licensed? No. The Department of State only maintains seven years of real estate records. You may possibly determine your original date of licensure if you know when you completed the salesperson course and how long it took you after completing the course to apply for your license. What happens if I do not complete my continuing education and don't renew my license? If you do not renew your license, you cannot conduct any real estate activities that require a New York State real estate license in accordance with Article 12-A of the Real Property Law. There are no grace periods that allow you to continue working while not licensed. You have two years from the date your license expires to renew your license. If you fail to renew within that period, you will be required to pass the state written examination. No continuing education will be required to repeat the licensing process again. When you submit your new salesperson application, you must include the following: your new examination results, application fee, and a copy of your expired license/pocket card or ORIGINAL proof of completing the salesperson course. If possible, it is better to submit original proof of your salesperson course. If you do not have an original certificate, then call the school where you took the course to request another certificate. If you are applying for your broker's license, you must submit ORIGINAL proof of your 45-hour salesperson course and 45-hour broker course, or a copy of your expired broker's license. How do I obtain a waiver from the 45-hour salesperson or 90-hour broker course requirement? You must submit a written request stating the waiver you are applying for along with ORIGINAL proof of course completion, a detailed outline listing topics and hours, and a course description. We only review prelicensing courses from other states that were completed in a classroom setting. (No home-study/correspondence courses.) The prelicensing salesperson's course must be at least 45 hours of classroom instruction and the broker's course, 90 hours. In addition, if you have graduated with a Master's Degree with a concentration in real estate, you may qualify for a 90-hour waiver of the qualifying courses. Please submit an official transcript with your waiver request. If you are granted a waiver, you will receive the waiver letter, the license application, real estate law booklet, and examination schedules. When you are ready to apply for your license, please submit the ORIGINAL waiver letter with your application, fee, passed examination results, and any other required documents. I have been a real estate licensee for many years. Am I exempt from the continuing education requirements? Article 12A statutorily requires all real estate brokers and salespeople to complete 22½ hours of Department of State approved education within their two-year license period prior to the date of expiration. The law does provide for an exemption from this requirement for a real estate broker who has 15 consecutive years of combined licensure as a salesperson and a broker and who is actively engaged in the real estate business as a real estate broker at the time of renewal, or an admitted NYS attorney. Where do I get more detailed information? You may access pertinent law and regulations, applications and exam schedules from this website. You may also request this or other information by calling a Division of Licensing Services customer service representative at (518) 474-4429 or by writing to: New York State Department of State Division of Licensing Services 84 Holland Avenue Albany, New York 12208-3490 [ NYS Department of State Home Page ] [ Licensing Services Menu ] [ Real Estate Professionals Page ]
Colorado Real Estate Quick
Selling Breckenridge, Keystone, and all Summit CountyColorado Real Estate Summit County Real Estate Home Summit County MLS Summit County Real Estate Sales Summit County Real Estate Showcase New Construction Selling Buying 1031 Exchange Office Locations Breckenridge Resort Help Wanted Summit County Colorado Real Estate Quick Real Estate Search Area: Breckenridge Keystone Copper Mountain Dillon / Summit Cove Frisco Silverthorne / Wildernest Park County Leadville Other Type: Residential Price: 000 to 000 Min Beds Ignore 1 2 3 4 5 Min Baths: Ignore 1 2 3 4 5 Min Square Feet: Contact | Advanced Search | Home Selling Summit County Colorado Real Estate If you own real estate in Summit County Colorado that you are thinking of selling, consider the following. Nobody comes even close to selling as much real estate in Summit County as Re/Max. In fact, Re/Max has been #1 in Summit County real estate sales for 15 years in a row! Real Estate Services for Summit County Sellers Free Competitive Market Analysis (CMA): Determine what your Summit County real estate is currently worth. So what did it really sell for? : If one of your neighbors recently sold real estate and you want to know the actual sales price, complete and submit this form; you can also use this form to determine recent sales within an entire subdivision or condo complex. Not only does Re/Max dominate the county as a whole, but we also lead in the various towns throughout the Summit County, as the following graphs will show: Breckenridge Keystone Silverthorne Dillon Frisco Feature Your Summit County Real Estate Listing On This Web Site The March 2005 Nielsen NetRatings Search Engine Ratings are as follows: This web site is in the top 5 for all of the most relevant search terms for people looking for Summit County real estate on all of the top 3 search engines!!! There is no other Realtor or Real Estate company site for which this is true! The following table shows the search engine rankings of this site as of November 07, 2005: Google 7-Nov Breckenridge Real Estate 1 Breckenridge Colorado Real Estate 2 Summit County Real Estate 2 Summit County Colorado Real Estate 1 Keystone Real Estate 1 Keystone Colorado Real Estate 2 Yahoo Breckenridge Real Estate 2 Breckenridge Colorado Real Estate 4 Summit County Real Estate 5 Summit County Colorado Real Estate 2 Keystone Real Estate 1 Keystone Colorado Real Estate 3 MSN Breckenridge Real Estate 3 Breckenridge Colorado Real Estate 5 Summit County Real Estate 2 Summit County Colorado Real Estate 2 Keystone Real Estate 5 Keystone Colorado Real Estate 2 Overture.com was used to determine that these are the most relevant search phrases. The following table shows how often these phrases were searched for during the past month as of November 07, 2005. Keyphrase Breckenridge Real Estate 1,849 Summit County Real Estate 1,113 Keystone Real Estate 1,540 Breckenridge Colorado Real Estate 1,046 Keystone Colorado Real Estate 1,131 Summit County Colorado Real Estate 882 All other seemingly relevant key phrases have fewer than 500 searches so I do not bother tracking them. Also, when people do search for real estate in other towns of the same name as those in Summit County, it is clear that they are often in fact looking for information on real estate in other states like Frisco Texas and Dillon Montana. Real estate currently on the market receives the following services: Web Marketing | Other Marketing | Sellers' Service Pledge All real estate will be featured on the following web sites: Featured Properties : Complete photos and information hosted on this site. Listings on most other sites link to this one. Other RE/MAX web sites: Both www.cloradomountainproperties.com and www.breckenridgebrokers.com contain all Re/Max listings. Also, this company has over 75 agents, most of which have their own personal web sites that feature Re/Max real estate listings. I also permit other non Re/Max agents throughout Summit County to include my real estate listings on their personal web sites through a real estate search service similar to the one accessible by clicking on the banner at the top of this page. If there are any other worthwhile real estate listing sites which you can suggest, let me know and I will look into putting your property information on them for you. Please note: many other sites you might think of (yahoo, excite, infospace, infoseek, etc.) already draw their information from one or more of the sites listed above. Other means I use to market real estate include (with your permission) but are not limited to: Including your property in the Summit County Multiple Listing Service (MLS), through which Realtors with other companies can show your property to their prospective buyers. Installing the internationally recognized RE/MAX for sale sign on your property. Direct mailing to potential buyers. Telemarketing to potential buyers. Circulating flyers describing your property to other local real estate offices. Holding open houses. Also , as a broker with RE/MAX Properties of the Summit, I will fulfill the following Sellers' Service Pledge by performing the following services: Provide a marketing plan for your property to include, as appropriate, recommended promotional and other activities, along with a "schedule of events" outlining those marketing steps mutually agreed upon. Furnish a written Competitive Market Analysis to help you determine the most effective listing price for your property. This analysis may be updated to reflect changing market conditions. Review various financing alternatives and assist you in determining those which best enhance the saleability of your property. Review local marketing customs, conditions and procedures, and make recommendations designed to enhance the marketability of your property. Install the internationally recognized RE/MAX sign on your property, with your permission. Expose your property to appropriate incoming transferees referred to this office through the RE/MAX VIP Referral System. Provide regular progress reports throughout the marketing period and discuss with you comments received about your property. Show your property to qualified buyers. Provide a VIP Referral Form, if appropriate, offering the services of a RE/MAX office at your new destination to assist with your search for a new property. Submit to you all written offers as presented; assist with negotiations; and provide an estimate of your net sales proceeds prior to acceptance. Upon acceptance of an offer by you, monitor pre-settlement (escrow) activities throughout the closing process as permitted by law or local practice. " If there is anything else you would like from your Realtor, let me know and you will not be disappointed with my service!" Click here to contact Ted. Ted Amenta is an Associate Broker with RE/MAX Properties of the Summit Site Map 1 2 3 4
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First National : New Zealand Real Estate Agents, Property Management, NZ Rural, Commercial & Investment Properties For Sale, Agent Select Region... Northland Auckland Waikato Coromandel Bay Of Plenty Taranaki Wanganui Wellington Manawatu Wairarapa Hawkes Bay Gisborne Nelson and Bays Marlborough Canterbury North Otago West Coast Otago Central Otago Southland All Suburbs From... $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $950,000 $1,000,000 $1,050,000 $1,100,000 $1,150,000 $1,200,000 $1,250,000 $1,300,000 $1,350,000 $1,400,000 $1,450,000 $1,500,000 $1,550,000 $1,600,000 $1,650,000 $1,700,000 $1,750,000 $1,800,000 $1,850,000 $1,900,000 $1,950,000 $2,000,000 To... $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $950,000 $1,000,000 $1,050,000 $1,100,000 $1,150,000 $1,200,000 $1,250,000 $1,300,000 $1,350,000 $1,400,000 $1,450,000 $1,500,000 $1,550,000 $1,600,000 $1,650,000 $1,700,000 $1,750,000 $1,800,000 $1,850,000 $1,900,000 $1,950,000 $2,000,000+ Residential Rentals Lifestyle Rural Business Commercial That’s one of the qualities of property investment that makes it great! Unlike some other investments, you won’t wake up one morning to dis. ... Services Services Property Management Appraisals Sales Auctions Home Loan Information Overseas Sales Property Investment Real Estate Agents FAQs FAQs Why First National? Auctions - Buyers Auctions - Sellers Overseas Investment? About About New Zealand First National Our Team Auckland Wellington Christchurch Dunedin Waikato