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

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

real estate investing isnt

MSN Money - The real risks of investing in real estate MSN Home Hotmail My MSN Sign In Money S earch MSN Money: Help Home News Banking Investing Planning Taxes My Money Portfolio Loans Insurance Investing Home Portfolio Markets Stocks Funds ETFs Commentary Brokers CNBC TV MSN Money Insight Jubak's Journal SuperModels Start Investing Strategy Lab Company Focus Mutual Funds Street Patrol Other Views Contrarian Chronicles TheStreet.com Resources Commentary Index Decision Centers Start Investing Mutual Funds Find Hot Stocks Simple Strategies Power Tools Investing For Income Real Estate Related Links Expert Picks Market Dispatches CNBC Stock Picks Message Boards Print-friendly version Send this to a friend Research any REIT Find top-performing mutual funds Sortable database of SEC filings Find stock winners with our screener Personal finance bookshelf Find It! Article Index Finance Q&A Tools Index Site Map The Basics The real risks of investing in real estate advertisement With prices soaring, real estate looks tantalizing -- but the margin of error is shrinking. Forget the get-rich-quick plans. Pay attention to the numbers. By Kiplinger's Personal Finance Magazine For Derrik Dyka, the biggest obstacle to successful real estate investing isnt a meltdown in property values or tenants who wreck an apartment or dont pay their rent. "Its overconfidence," says Dyka, a 34-year-old Minneapolis investor who turns old apartments into new condominiums. If youre expecting to cash in on the 21st centurys first gold rush without breaking a sweat, it would be wise to take Dykas words to heart. The margin of error for making money in real estate is closing fast. Its not surprising that real estate tempts so many Americans today. Over the past five years, home prices have soared and rags-to-riches tales abound. But so much real estate has become so expensive that Real Estate Research Corp. in Chicago reports that many real estate pros say now is a better time to sell than buy. As San Diego real estate investor Chuck Wise observes about the area where he operates, todays buyers are like "lambs being shorn." Start investing with $100. Explore our new ETF center. Of course, that doesnt mean that all deals are doomed to fail. But it does mean that its time for would-be investors to pay more attention to the perils of owning property, not just the potential profits. Watch your cash flow The most common entree into real estate investing is the single-family house. Investors bought almost one-fourth of all homes sold in 2004, according to the National Association of Realtors. If youre one of those buyers and your income from that property (after taxes) exceeds your expenses by $100 or $200 a month, youre in good shape. But because prices and property taxes are so high in many areas, and theres so much competition for attractive rental properties, its increasingly difficult to find deals that generate enough income to more than cover your expenses -- whats called positive cash flow. In areas such as the leafy suburbs of New York City and Boston, where a modest three-bedroom house can easily cost $600,000, theres no way you can collect enough rent to cover the steep property taxes and payments on a $500,000 mortgage. Figure monthly out-of-pocket expenses of more than $3,000, if not $4,000. The pool of renters who will pay that much is small. Related news and commentary on MSN Money • Nothing quick about getting rich with real estate • Do you have what it takes to be a landlord? • Don't bite off too much house • How to find a good investment property • 7 creative ways to buy your first house • Decision Center: Home financing So be ready to set your sights lower and get your hands dirty. Instead of a well-located home in pristine condition, look for a fixer-upper off the beaten track for maybe $150,000 that you can rent for $1,000 a month. The numbers work if youre willing to spend weekends, say, painting the walls and, if youre capable, making repairs that would otherwise require professional help. The hidden profit from home improvements is why "ugly real estate often makes more money than the nice stuff," says Kelley Pace, head of Louisiana State Universitys real-estate research institute. Mind the cap You can quickly figure out whether a house or condo is likely to generate positive cash flow. For more complex properties, such as a small office building or retail space, check the cap rate, a single number that can tell you if youre overpaying. The cap rate -- cap is short for capitalization -- is a propertys net operating income as a percentage of its price. The figure is real estates version of a bond yield. If a property sells for $500,000 and generates net income of $50,000 (rents minus expenses), the cap rate is 50,000 divided by 500,000, or 10%. The lower the cap rate, the more you pay for each dollar of annual income. In 2000, the average cap rate on commercial property in the U.S. was 10%. Since then, because of relentless price appreciation, the average cap rate has sunk to 8%. That alone suggests that wringing further gains out of commercial property is unlikely. If you want to invest in a commercial property, aim for a purchase price that results in a 10% cap rate. But remember that the cap rate also depends on how much you collect in rent. Ask the broker for details about the tenants leases, including how rents compare with those of other nearby properties and when the leases are up for renewal. The property should come with an information packet that is more like a stock prospectus than a real estate agents fact sheet on a single-family house. If necessary, hire a property inspector. Then take all the information to a lawyer who specializes in real estate. If you have any doubts about the property, walk away. Page 1 of 2 Story continues on next page Fund data provided by Morningstar, Inc. © 2005. All rights reserved. Quotes supplied by ComStock , an Interactive Data company. MSN Money's editorial goal is to provide a forum for personal finance and investment ideas. Our articles, columns, message board posts and other features should not be construed as investment advice, nor does their appearance imply an endorsement by Microsoft of any specific security or trading strategy. An investor's best course of action must be based on individual circumstances. © 2005 Microsoft MSN Privacy Legal Advertise Feedback Help

Texas Land Trusts About

Texas Land Trusts: Regional Index 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 Dir Regional 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 Trusts: Regional Index Panhandle Plains Prairies and Lakes Pineywoods Gulf Coast South Texas Plains Hill Country Big Bend Country Land Trusts Region American Farmland Trust Statewide The Archaeological Conservancy Statewide Bat Conservation International Statewide Bexar Land Trust Hill Country / South Texas Plains (6/5) Big Thicket Natural Heritage Trust Pineywoods / Gulf Coast (3/4) Cibolo Conservancy Hill Country / South Texas Plains (6/5) Coastal Bend Land Trust Gulf Coast (4) Connemara Conservancy Praries and Lakes (2) The Conservation Fund Statewide The Cradle of Texas Conservancy Gulf Coast (4) Ducks Unlimited / Wetlands America Trust Office Statewide Galveston Bay Foundation Gulf Coast (4) Hill Country Conservancy Hill Country (6) Hill Country Land Trust Hill Country (6) Hudspeth Directive for Conservation Big Bend Country (7) The Humane Society of the United States Wildlife Land Trust Statewide Katy Prarie Conservancy Gulf Coast (4) Legacy Land Trust Gulf Coast / Praries and Lakes (4/2) National Trust for Historic Preservation Statewide Native Praries Association of Texas Statewide Natural Area Preservation Association Statewide The Nature Conservancy of Texas Statewide Parks and Wildlife Foundation of Texas Statewide Rock Art Foundation Big Bend Country (7) Texas Audubon Society Statewide Texas Cave Conservancy Statewide Texas Cave Management Association Hill Country / South Texas Plains (6/5) Texas Ornithological Society Statewide Texas Parks and Recreation Foundation Statewide The Trust for Public Land Statewide The Valley Land Fund Gulf Coast / South Texas Plains (4/5) Westcave Preserve Hill Country Wetland Habitat Alliance of Texas Statewide Wimberley Valley Watershed Association Hill Country (6) 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: July 29, 2005, 4:03 pm

Real Estate Listing

REALTOR.com: Real estate listings & homes for sale Welcome, Visitor! Sign Up to: Save Searches Save Listings Sign Up Now! Already a member? Sign In Homebuying Tools Find a Lender Find a Mover Market Conditions Neighborhood Tour Real Estate 101 Buyers Sellers For REALTORS® Resource Center News REALTOR.org Search the Web Select a Top Search: Bad Credit Contractors Homeowner's Insurance Debt Consolidation Interior Design Mortgage Rates Loan Types Rates Points 30-yr fixed 5.74% 0.37 15-yr fixed 5.39% 0.28 ARM 3/1, 30Yrs 4.87% 0.26 Updated: 12/29/2005 12:24:18 PM Check Local Rates Search our national directory of mortgage brokers and lenders. Find a Home Over 2.5 million listings for sale! State/Province AB AK AL AR AZ BC CA CO CT DC DE FL GA GU HI IA ID IL IN KS KY LA MA MB MD ME MI MO MN MS MT NC ND NE NH NJ NM NV NY OH OK ON OR PA PR RI SC SD TN TX UT VI VT VA WA WI WV WY - OR - Minimum Price $0 $500 $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 to Maximum Price $1,000 $1,400 $2,000 $5,000 $10,000 $20,000 $30,000 $40,000 $45,000 $50,000 $55,000 $60,000 $70,000 $75,000 $100,000 $125,000 $150,000 $175,000 $200,000 $225,000 $250,000 $275,000 $300,000 $325,000 $350,000 $400,000 $450,000 $500,000 $550,000 $600,000 $650,000 $700,000 $750,000 $800,000 $850,000 $900,000 $1,000,000 $1,250,000 $1,500,000 $1,750,000 $2,000,000 $2,250,000 $2,500,000 $2,750,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 $6,000,000 $8,000,000 $10,000,000 no maximum Beds 1+ Beds 2+ Beds 3+ Beds 4+ Beds 5+ Beds Baths 1+ Baths 1.5+ Baths 2+ Baths 2.5+ Baths 3+ Baths 3.5+ Baths 4+ Baths More Search Options Map Search Hurricane Relief Find or offer immediately available temporary housing to assist Hurricane victims: HurricaneHousing.net Relief.WelcomeWagon.com -- Find a REALTOR State/Province Alabama Alaska Alberta Arizona Arkansas British Columbia California Colorado Connecticut Delaware District Of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Manitoba Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Ontario Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming From the National Association of REALTORS ® Join REALTORS® in supporting hurricane victims Why Use a REALTOR® With a GRI? Make the most of every moment with FamilyTime, an interactive DVD celebrating the family. Visit REALTOR® Magazine Online Read current NAR Press Releases For REALTORS ® REALTORS Relief Effort exceeds $5.2 million for Hurricane victims, donate now... Enter the Business Success Zone at REALTOR.org! Find out how REALTOR.com can help you secure more listings, sell homes for more and promote yourself and your brand NEW name for NAR member benefits offeringsthe REALTOR Benefits(sm) Program. Learn about the practical, everyday solutions for your professional and personal life! Reach new levels of success with NAR partner, The Pacific Institute! About the National Association of REALTORS ® Representing Home Owners State & Local Associations Real Estate Specialty Organizations Find an Appraiser Find a Commercial Property International Real Estate Search in popular metros: Atlanta | Austin | Boston | Chicago | Dallas | Denver | Houston | Las Vegas | Long Island | Los Angeles | Memphis | Miami | New York City | Orange County | Palm Beach | Phoenix | Sacramento | San Diego | Seattle Site Map | Corporate News & Info | Contact Us | Advertise With Us | Join our staff Terms of Use and PrivacyPolicy . 1995- NATIONAL ASSOCIATION OF REALTORS and Homestore, Inc. All rights reserved. Equal Housing Opportunity REALTOR.com is the official site of the National Association of REALTORS and is operated by Homestore, Inc. REALTOR -- A Registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS and subscribes to its strict Code of Ethics. Inquiries regarding the Code of Ethics should be directed to the board in which a REALTOR holds membership.