Welcome to my Seller's Section of my website.  This section provides a wide array of information.  To help you navigate this section easier, I have provided bullets that are links to more detailed information.

 

 

 

 

Items needed to when I list you home

 

We put a lot of money into advertising.  This is done by various means including numerous internet sites, several real estate magazines, and several papers. 

 

There are several things that I will need from you as we begin to market your home for sale.  

  • 2 working keys to your house

  • Copy of your most recent Survey

  • Copy of your deed

  • Copy of your neighborhood covenants

  • List and date of any improvements you have made to your property

  • List of real property that will not stay with your house

  • List of any personal property that is negotiable

  • Seller information sheet completed and signed

  • On the listing agreement, we will need the signatures of all legal owners of the property.

  • We will also need a completed Residential Property Disclosure Form. 

You are a a key player of our home selling team

You have the most important role in selling your home.  Here are the ways that you can contribute to a successful sale:

  • Maintain the property in ready to show condition

  • Try to be flexible in the scheduling of showings.

  • When you are not at home, let me know how I can reach you.

  • If approached directly by a buyer who is not represented by an agent, please contact me.  Do not allow them into the property unescorted.

  • Remove or lock up valuables, jewelry, cash and prescription medications.

  • If possible, leave the home during showings.

  • Securely pen up or remove pets.

  • Be cautious about saying anything to buyers or their agents that could weaken your negotiating position.

  • Let me know of any change in the properties condition that would need to be disclosed to potential buyers.

  • Be available to review with me the list price and condition of your property if it has not sold in a reasonable period of time.

  • Feel free to contact me at any time with questions or concerns.

 

 

 
 

How the process works

What are the steps involved in selling your home?  Even if you've bought or sold a home before, this process can still be daunting.  The steps below are designed to help you better understand the many steps involved and how I work to tie them together.

  • Once you decide to move, I will meet with you to discuss listing your home. 

  • We will discuss how Allen  Tate Realtors can assist in selling your home as well as locating your new home.

  • I will develop a Comparative Market Analysis (CMA).  This compares similar homes in the area that are for sale, sold, and expired.  This will help establish a baseline price.  We will also discuss the time frame you have to sell your home.  Time is a big factor in selling your home.

  • We will discuss my marketing strategy as well as other things Prudential can offer to you in assisting with the sale of your home.

  • We will set a regular time to communicate the progress.  This can be done in person, telephone, or email (which ever you prefer).

  • Once you decide to give me the listing, I will put a lock box on your door and a sign in your yard.

  • I will post your home on numerous Internet sites, write ads for your home in the newspaper and real estate books.

  • I will also schedule the first open house for your home.

  • Once an offer is submitted, the negotiation process begins, and then the offer is accepted.

  • The buyers then submit a loan application.

  • Home inspections are scheduled.

  • The loan is approved.

  • I will assist in coordinating all activities required for closing.

  • We will review the closing documents.

  • We then will finalize and close the transaction.  I will attend closing with you.

  • After the sale, I am available to help find you a new home as needed, assist with any relocation needs, and to provide resources for any after-sale home owner needs.

 

 

 

 

 

 
 

DRESS YOUR HOME FOR SELLING SUCCESS

For consumers preparing to sell their home, it is important to remember that a well-dressed home usually sells faster and for a higher price than the average house. When getting a home ready in this seller's market, consumers can use the following tips to dress their home for selling success.

Start with the exterior and make the most out of a home's curb appeal- this is the first impression that a potential buyer has of a home. If the exterior of the home needs anything from a touch-up to an overall coat of new paint, this should be a top priority. Use neutral colors that are appropriate to the specific neighborhood. Other exterior remedies to consider include the mailbox and street address.

Landscaping should also be a detail not to be overlooked. Make sure the lawn is green and that all shrubbery is well-watered and neatly trimmed. An added touch is flowers near the front entrance and under front exterior windows. Home buyers often look out the windows at the yard, so in addition to being clean, close attention should be paid to the landscaping of these areas, especially from the kitchen, family room and living room.

Inside, all clutter should be reduced completely. Clutter tends to distract home buyers from the features of the home. It is best if buyers can picture their personal belongings in the space. Leave rooms uncluttered enough for this vision, but at the same time, filled with enough personal belongings to make the house look livable. Aim to decorate each room with a continuity of style and draw attention to the primary features of the house like a fireplace, a bay window, a vaulted ceiling or outside view.

Walls are the largest element in any room, and how they are covered and decorated can alter the room's appeared size, mood and function. Choose neutral colors for both the walls and floors to create an open and larger look. Mirrors can be strategically placed to open up the living space of rooms.

To help stay organized during the process, make a game plan with two separate lists: Must-Have Necessities and Nice-to-Have Additions. When making budget choices and other decisions, the lists will provide a benchmark from which to proceed. According to Dress Your House for Success Dress Your Home for Success, Martha Web and Sarah Parsonss-Zackheim,1997, (53,73,89,103,115), these five steps can be followed to simplify both exterior and interior work:

  • Uncluttering

  • Cleaning

  • Repairing
  • Neutralizing-a house with neutral paint colors, decor and carpeting will not only open the house up, it also accommodates anyone's decorating style.
  • Dynamizing- creating a feeling that impacts the potential buyer beyond the home tour and makes them want to return to the house.

Providing a peace of mind to the prospective buyers can help enhance the salability of your property.  There are four things that come to mind that help do this.

  • Written property disclosure.
  • Home Warranty.
  • Professional Home Inspection.
  • Certified Appraisal.

Show off your home every time!  These tips can help your house make the best impression, every time it is previewed by sales professionals or shown to prospective buyers:

Exterior
  • Remove toys, newspapers, yard tools and other clutter
  • Tidy up; pick up after pets
  • Park vehicles in garage or on street; leave driveway clear
  • Remove dead or dying plants
  • Cut and edge the yard
  • Add color with flowers and potted plants
  • Clean the outside of the windows
  • Clean grease spots from the driveway
  • Scrape peeling paint and repaint these areas
Interior
  • Make beds; clean up dishes, empty wastebaskets
  • Remove clutter throughout; organize closets and cupboards; put away toys
  • Clean the windows
  • Set out "show towels" in baths
  • Freshen the air; potpourri or baked bread aroma; deodorize pet areas; set comfortable temperature
  • Do a quick vacuuming and dusting
  • Clean the carpets if needed
  • Arrange fresh flowers throughout
  • Fire in fireplace (when appropriate)
  • Turn of television; play soft background music
  • Open drapes and shades; turn on lights
  • Touch up the paint where needed

 

 

 

 

 
  Marketing Plan

Following is the marketing plan that I will use when selling your home.

Week 1
  • Install Yard sign

  • Install lock box

  • Install information box

  • List on MLS

  • Write add for new paper

  • Post property on 4 different websites

  • Notify neighbors about listing

  • Review seller's role

Week 2
  • Plan Open House

  • Review all ads and listing information

  • Review listing with our office agents

  • Advice seller of any feedback form agents

Week 3
  • Advertise open house prospects
  • Hold open house
Week 4
  • Follow up with open house prospects
  • Communicate 30-day review with seller
Weekly
  • Give seller feedback of marketing progress
  • Obtain feedback from agents on showings
  • If wanted, provide seller with advertisements from the past week.

 

 

 

 
 

Advertising

 

Our innovative and aggressive advertising and marketing activities will help attract qualified buyers to your property.

National and International Advertising

  • The Allen Tate  name is quickly becoming one of the the most widely recognized brands in North Carolina.

  • Prospective homebuyers see the Allen Tate brand name in a wide array of media, including TV, radio, newspapers, outdoor advertising, and numerous Allen Tate  media sponsorships.

  • Allen Tate Realtors spends millions of dollars in advertising each year so home buyers know the sign in the front yard.

Local Advertising

  • Local news papers

  • Real Estate Book

  • Yard signs

Additional Marketing Programs

  • Open house advertising

  • Open Houses

  • Mailings

 

 

 

 
 

The Danger of Overpricing

 

When setting a price, why not ask for the moon?

Make no mistake; we want you to get the best possible price for your property. However, when a home is priced too high for the market:

  • It attracts lookers, not legitimate buyers.

  • It implies that you aren't motivated to sell,

  • It reduces the number of showings.

  • It helps the competition look better,

  • If it doesn't appraise at the higher price, a buyer may not be able to secure a loan,

  • You may ultimately have to drop your price below market value in order to sell.

 

 

As the graphic below indicates, the best offers often come when a property is newly listed - if priced too high, it's difficult to create the momentum necessary to sell your home at the highest price in the least amount of time.

Understanding Market Value

Market-sensitive pricing can be the key to maximum market exposure and, ultimately, a satisfactory sale.

The existing pool of prospective buyers determines a property's value, based on:

  • Location, design, amenities, and condition.

  • Availability of comparable (competing) properties.

  • Economic conditions that affect real property transactions.

Factors that have little or no influence on the market value of a house include:

  • The price the seller originally paid for the property.

  • The seller's expected net proceeds.

  • The amount spent on improvements.

The impact of accurate pricing:

  • Properties priced within market range generate more showings and offers, and sell in a shorter period of time.

  • Properties priced too high have a difficult time selling.

 

 

 
 

Working with Real Estate Agents

When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide many useful services and work with you in different ways. In some real estate transactions, the agents work for the seller. In others, the seller and buyer may each have agents. And sometimes the same agents work for both the buyer and the seller. It is important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party.

This article addresses the various types of working relationships that may be available to you. It should help you decide which relationship you want to have with a real estate agent. It will also give you useful information about the various services real estate agents can provide buyers and sellers, and it will help explain how real estate agents are paid.

SELLERS

Seller's Agent

If you are selling real estate, you may want to "list" your property for sale with a real estate firm. If so, you will sign a "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your seller's agent. You may also be asked to allow agents from other firms to help find a buyer for your property.

Be sure to read and understand the listing agreement before you sign it.

Duties to Seller:

The listing firm and its agents must

  • promote your best interests
  • be loyal to you
  • follow your lawful instructions
  • provide you with all material facts that could influence your decisions
  • use reasonable skill, care and diligence, and
  • account for all monies they handle for you.

Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents without your permission so long as they represent you. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know.

Services and Compensation:

To help you sell your property, the listing firm and its agents will offer to perform a number of services for you. These may include

  • helping you price your property
  • advertising and marketing your property
  • giving you all required property disclosure forms for you to complete
  • negotiating for you the best possible price and terms
  • reviewing all written offers with you and
  • otherwise promoting your interests.

For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to share its commission with agents representing the buyer.

Dual Agent

You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual agency relationship" is most likely to happen if an agent with your listing firm is working as a buyer's agent with someone who wants to purchase your property. If this occurs and you have not already agreed to a dual agency relationship in your listing agreement, your listing agent will ask you to sign a separate agreement or document permitting the agent to act as agent for both you and the buyer.

It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

  • what your relationship is with the dual agent and
  • what the agent will be doing for you in the transaction.

BUYERS

When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer's agent). You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller's agent or subagent). Some agents will offer you a choice of these services. Others may not.

Buyer's Agent

Duties to Buyer:

If the real estate firm and its agents represent you, they must

  • promote your best interests
  • be loyal to you
  • follow your lawful instructions
  • provide you with all material facts that could influence your decisions
  • use reasonable skill, care and diligence, and
  • account for all monies they handle for you.

Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission. But until you make this agreement with your buyer's agent, you should avoid telling the agent anything you would not want a seller to know.

Unwritten Agreements:

To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement. However, some firms may be willing to represent and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must obtain a written agency agreement. If you do not sign it, the agent can no longer represent and assist you and is no longer required to keep information about you confidential. Furthermore, if you later purchase the property through an agent with another firm, the agent who first showed you the property may seek compensation from the other firm.

Be sure to read and understand any agency agreement before you sign it.

Services and Compensation:

Whether you have a written or unwritten agreement, a buyer's agent will perform a number of services for you. These may include helping you

  • find a suitable property
  • arrange financing
  • learn more about the property and
  • other-wise promote your best interests.

If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller.

A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses. Whatever the case, be sure your compensation arrangement with your buyer's agent is spelled out in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision.

Dual Agent

You may permit an agent or firm to represent you and the seller at the same time. This "dual agency relationship" is most likely to happen if you become interested in a property listed with your buyer's agent or the agent's firm. If this occurs and you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement, your buyer's agent will ask you to sign a separate agreement or document permitting him or her to act as agent for both you and the seller. It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

  • what your relationship is with the dual agent and
  • what the agent will be doing for you in the transaction.

This can best be accomplished by putting the agreement in writing at the earliest possible time.

Seller's Agent Working With a Buyer

If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller's agent (or "subagent"). The agent can still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about properties.

But remember, the agent represents the seller—not you— and therefore must try to obtain for the seller the best possible price and terms for the seller's property. Furthermore, a seller's agent is required to give the seller any information about you (even personal, financial or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are sellers' agents before you say anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should avoid saying anything you do not want a seller to know.

Sellers' agents are compensated by the sellers.

The acknowledgement card for this document is available here for you to print and sign.

 

 

 
 

MOVING DAY

 

After coming to an agreement on your home transaction and your loan approved, moving is next on your agenda. Pre-planning and preparation will make your move much easier. Start by setting up a calendar for your move.
 

The Mover
One of the first things you need to do to prepare for your move is decide on a mover. When selecting a mover, always obtain a written cost estimate from each moving company you consider.  Fees for local moves — 50 miles or less — are usually determined on an hourly basis. Long distance moves generally are priced by load weight and mileage.

For long distance moves, purchase protection at full value for each item being moved. After selecting your mover, arrange a moving date. Then use the 30-day checklist below. It will help make the big job much easier.

Countdown
Thirty Days Before . . .

  • Determine what you are going to move and start getting rid of everything else.

  • Decide what you are going to pack yourself and what the movers will pack.     The mover is not responsible for breakage of items you pack. Obtain packing cartons from the mover.

  • Notify the post office of your new address. Fill out change of address cards.

  • Gather medical and dental records for all family members.

  • Notify schools and arrange to have transcripts and records forwarded to the new schools.

  • Close local charge accounts.

  • Start a possessions inventory.

  • Solicit estimates from moving companies.

  • Create a file for documenting all moving papers and receipts.

Two Weeks Before. . .

  • Start packing. Do a little at a time. Don't try to do it all in a day or two.

  • Return borrowed items and reclaim items borrowed from you.

  • Arrange disconnect/connect dates with local utilities.

  • Develop a floor plan to show the movers where you want your belongings placed in your new home.

One Week Before . . .

  • Dispose of all flammable materials.

  • Dismantle outdoor play or gym equipment.

  • Transfer bank accounts and contents of safe deposit box.

  • Pack items you want to move yourself and mark "Do Not Move."

One Day Before . . .

  • Empty and defrost your refrigerator and freezer; let the appliances air out for 24 hours.

  • Finish packing personal items.

  • Get a good night's sleep.

Moving Day . . .

  • Strip beds, but leave fitted bottom sheets on mattresses.

  • Be present to answer movers' questions.

  • Accompany movers through the house for an inventory of things to be moved.

  • Confirm destination address with van operator. Also confirm time and date of delivery.

  • Close all windows and turn out all lights.

  • Lock all doors.

  • Look forward to enjoying your home.

 

 

 
 
Proper maintenance increases the value of your home.

A neat, well  maintained home generally produces more traffic, a faster sale, and a higher price. This is also true for home improvement projects, no matter how small they may be.  Even if you're not planning on moving in the foreseeable future, keeping up with routine maintenance will save you considerable time, trouble and expense. It also makes home ownership more rewarding.  Please click here to open an appliance record sheet.

 

A clean, well-maintained home creates a favorable impression. Interior painting is often the least expensive way to improve the appearance of your home. Painting techniques are not difficult; success depends on proper preparation and following certain procedures.

Consult your paint dealer for the proper paint to use. Buy a top quality paint. This will add enduring beauty to the finished project and give you several years before the project needs to be redone.

Latex and Oil Base
Most interior paints in use today are latex-based. This type goes on easier and      faster than does oil-based paint. Latex paints have other advantages as well. They dry quickly, usually in about an hour. They have little or no odor and clean up with soap and water.

Oil based paints are recommended for woodwork such as railings and banisters. They are also used for areas which receive heavy hand or foot traffic. With their higher gloss and harder film, they create a professional finish.

Finishes
Interior paints have different gloss levels or finishes. The finish determines the amount of sheen or light reflection a paint will have. Choosing a particular finish is often a matter of personal preference, but certain finishes are more durable and scrubbable than others.

A flat finish has no sheen and minimizes surface defects. It is normally used on     walls or ceilings which don't require frequent washing.

A satin, or eggshell, finish has a soft sheen which looks more like a flat finish, but     can be scrubbed. It is more versatile than a flat finish and can be used in foyers,     living rooms, hallways, and bedrooms.

A semi-gloss finish has added sheen which is popular for accents, trim, woodwork, and furniture. Its hard, smooth finish is easy to keep clean. This makes it popular for kitchens, children's rooms, and similar areas which have a lot of traffic.

Ceiling paint is designed to drip less than other paints and hide surface      defects well. In kitchens and bathrooms where steam is a frequent factor and frequent washing more necessary, a semi-gloss oil-based ceiling paint is often a good choice.

Tools
It is important to use high-quality painting tools. They make the job easier, conserve paint and give a professional appearance to the finished project. Thick, washable roller covers and bristle paint brushes make a difference.

Preparation
When you plan to paint the interior of your home, be sure to first prepare the surface properly. These are the steps you should follow.

  1. Scrape away any loose paint.

  2. Fill small cracks and holes with spackling.

  3. Fill large cracks and holes with patching plaster.

  4. Sand repaired areas to a smooth finish.

  5. Wash the surface with a non-sudsing, non-oil detergent.

  6. Scrub all stubborn stains and cover with a stain sealer.

  7. Prime all repaired areas and other bare surfaces.

  8. Apply a single coat of paint when repainting with the same or a similar color.

  9. After the first coat has dried, apply a second coat if you are changing the color significantly.
     

 

 

Questions and Answers About: Fair Housing

 

The purpose of the fair housing laws is to protect a person's right to own, sell, purchase, or rent housing of his or her choice without fear of unlawful discrimination. The fair housing laws are intended to allow everyone equal access to housing. State and Federal fair housing laws prohibit discrimination in the housing market on the basis of race, color, sex, religion, national origin, handicap, or familial status. To discriminate against a person on the basis of his or her membership in one of these protected categories is against the law.

This pamphlet will focus primarily on the fair housing laws as they are applied in the State of North Carolina.

Q: Do the fair housing laws apply to all housing transactions?

A: Yes, except for the following limited exemptions:

  • The rental of a unit in a multi-family dwelling with not more than four units where the owner (or a member of the owner's family) lives in one of the units

  • The rental of a room or rooms in a private house where the owner (or a member of the owner's family) lives in the house  

  • Lodging owned or operated by private clubs which give preference to their members

  • Religious, charitable, or educational institutions or organizations which are operated, supervised, or controlled by religious institutions or organiza­tions that give preference in real estate transac­tions to their members, provided the organization does not exclude members of a protected category

  • Single-sex dormitories

 Discriminatory Practices

Q: What are some common unIawfu1 acts of discrimination?

A: Refusing to sell, rent or negotiate - It is against the law to take any of the following actions because a person is a member of one of the protected categories:

  • To refuse to engage in a real estate transaction

  • To refuse to rent or sell housing

  • To discriminate in terms, conditions, or privileges for the sale or rental of housing

  • To refuse to receive or fail to transmit a bona fide offer to engage ifl a real estate transaction

  • To indicate that housing is not available when it actually is available

  • To discriminate by providing different facilities or services

  • To refuse to negotiate for housing

Steering - Discouraging a person from seeking housing in a particular community, neighborhood, or development because the person is or is not a member of a protected category, For example, a real estate agent shows a black person housing in predominately black neighborhoods and a white person housing in predominately white neighbor­hoods.

Interference, coercion, or intimidation - Trying to limit the benefits of renting or buying housing in an area because the person is a member of one of the protected categories, This includes trying to coerce, threaten, intimidate, retaliate against, or interfere in any way with the use and enjoyment of housing.

Discriminatory advertising - Advertising or making any statement which indicates directly or indirectly an intent to make a limitation, specifica­tion, or to discriminate with respect to members of one of the protected categories.

Blockbusting (also referred to as panic peddling) ­Trying, in a direct or subtle way, to scare a person into moving out of a neighborhood by representing that a person from one of the protected categories is considering or is in fact moving into the neighbor­hood, For example, stating that the neighborhood would decline or that the crime rate would increase if members of a protected category moved into the neighborhood would be unlawful.

Redlining - Being denied or subjected to stricter conditions in applying for a loan on property in a particular area because of the racial composition of the area, including loans to purchase, construct, improve, repair, or maintain housing.

Q: Can a person other than the seller or land­lord be guilty of violating the fair housing laws?

A: Yes. Anyone involved in the real estate transac­tion who discriminates based on a protected category has violated the fair housing laws. For example, a local banker informs a real estate agent that if the agent allows anyone else with kids to move into the neighborhood, the bank will not do business with the agent or the agent's customers.

 

Q: Does an owner have to rent or sell to a person just because he or she is in a protected category?

A: No. Owners may rent or sell to whomever they choose as long as their decisions are not based on the fact that a would-be tenant or buyer is a member of a protected category. If someone from a protected category becomes a tenant, the owner may hold that tenant to the same standard of performance and behavior as everyone else.

Handicap

Q: What conditions are considered handicaps under the fair housing laws?

A:  A handicapping condition exists if someone has a physical or mental impairment which substantially limits one or more major life activities. Some examples are: physical disability, mental illness or retardation, cerebral palsy, muscular dystrophy, cancer, heart disease, Human Immunodeficiency Virus (HIV) infection or AIDS, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism. However, a landlord does not have to rent to anyone, including a handicapped person, who would constitute a genuine, direct threat to the health or safety of other tenants or whose tenancy would result in substantial physical damage to the property of others.

 

Q: Can landlords protect themselves from complaints of discrimination when they reject someone from a protected category?

A: Yes. A landlord should have detailed standards for deciding who is acceptable as a tenant and who is not. However, these standards may not be based upon a prospective tenant's membership in a pro­tected category. Such standards are particularly important in decisions to reject a tenant applicant because of poor credit, and to place would-be tenants on a "waiting list." The landlord should then apply these standards equally to every tenant applicant. If a waiting list is used, the landlord must make sure that every applicant who is told that his or her name will be placed on the list is indeed put there and that, as an applicant's name comes up, the applicant is notified of this fact.

 

Q:  Does a landlord have to allow a handicapped person to make modifications to a rental unit?

A: Yes. A landlord must allow a handicapped person to make reasonable modifications to the existing premises as necessary for the full enjoyment of the premises, such as widening doorways, installing handrails, and installing wheelchair ramps. However, the handicapped person is responsible for the cost of the modifications. A landlord may condition permission to make modifications on the tenant's agreeing to restore the interior of the premises to the original condition if the modifica­tions made by the handicapped tenant would interfere with the next tenant's reasonable use and enjoyment of the property. The landlord may also withhold permission until seeing a description of the proposed modifications which provides reasonable assurance that the modifications will be done in a workmanlike manner. [Note: All multifamily dwellings covered by the fair housing laws and ready for first occupancy after March 13, 1991, have to be designed and constructed so that few, if any, modifications will be necessary.]

 

Q: Can a landlord charge a higher security deposit to a handicapped person who makes modifications to a rental unit?

 A:  No_ However, if the nature of the modifica­tions is such as would interfere with the next tenant's use and enjoyment of the property, and correction of the modifications would be espe­cially costly, the landlord may, as part of a restoration agreement, between the landlord and tenant, require the tenant to pay into an interest-bearing escrow account a reasonable amount to cover restoration costs. The tenant would be entitled to any interest which accrues on the escrow account.

 

 Q:  Does a landlord have to make other accommodations for a handicapped tenant?

 A:   Yes. A landlord must make reasonable accommodations in rules, policies, practices, or services as necessary to afford a handicapped person equal opportunity to use and enjoy a housing unit, including public and common use areas; for example, allowing a visually-impaired tenant to have an aid dog in a community where no pets are allowed, and allowing a tenant with a serious heart condition to have a reserved parking space close to the tenant's apartment

 

Q: Are "adults only" communities allowed?

A: No, unless they qualify for one of the two exemptions which allow for adults only housing for elderly persons. [Note: There are numerous require­ments which must be met to qualify for these exemp­tions. Contact the North Carolina Human Relations Commission for further details.] If a housing complex qualifies for the elderly person exemption, then it may discriminate based on familial status only. It may not discriminate on the basis of any of the other protected categories.

 

Q: Can an owner or agent segregate families with children from other tenants?

A: No. A member of a protected category may not be assigned to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of being a member of a particular category.

 

Q: If a landlord has available units which are equipped for the handicapped, does a handicapped person have to take one of those units?

A: No. A landlord can advise a handicapped person of the availability of specially equipped units, but the handicapped person must be allowed to choose from any of the units which are available.

Familial Status

Q: Can persons with children be denied housing on that basis?

A: No. The fair housing laws protect a person who

  • has a child under the age of 18

  • has legal custody of a child

  • is designated by the parent to care for a child (provided that the designee has written permission from the parent)

  • is pregnant

  • is in the process of obtaining legal custody of a child.

However, the fair housing laws do not protect persons denied housing because they are single, married, or living with someone.

 

Q:  Can a landlord or agent limit the number of children allowed in a bedroom, or prohibit the sharing of bedrooms by children of the oppo­site sex?

A: No. Although a landlord may set "occupancy standards" for the number of people that will be allowed to live in a unit, the standards should not be based on the age or sex of the individuals. [Note: The fair housing laws do not limit the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of persons permit­ted to occupy a housing unit]

Real Estate Agents and Fair Housing

Q: May a real estate agent discriminate at the direction of the owner?

A: No. Even if a real estate agent has no discriminatory intent, the agent is in violation of the fair housing laws when discriminating against persons from one of the protected categories at the direction of the owner or lessor. Likewise, an agent is in violation if he or she knows that members of protected categories may be unlawfully rejected by the owner or lessor.

 

Q: What should a real estate agent do if he or I she finds out that the seller or landlord intends! to discriminate against a member of a protected category?

A: The agent should immediately terminate the agency relationship with the seller or landlord. The agent should then send a letter to the seller or landlord stating that the relationship has been terminated and explaining why. Next, the agent should inform any other agents or other parties to the transaction that he or she no longer represents the seller or landlord.

 

Q: Can a real estate agent decline to show property in a particular area because members of a protected category reside in that area?

A: No. This is steering, even if the buyer requests the real estate agent should inform the buyer that I or she can show property based on any of the buyer's other criteria, but not the presence or absence in the area of members of a protected category.

 

Q: Is a real estate brokerage firm in violation of the fair housing laws if one of its employees or agents unlawfully discriminates?

A: Yes.

 

Q: Can a real estate agent answer questions about the characteristics of a neighborhood if the questions concern one of the protected categories?

A: No.

 

Q: Is it a violation of the fair housing laws to deny an agent who is a member of a protected category access to real estate related services?

A:  Yes. It is a violation of the fair housing laws to deny a qualified real estate agent access to or membership in any membership listing service, real estate brokers' organization or other service, organi­zation, or facility relating to the business of selling or renting housing, because he or she is a member of one of the protected categories.

 

Q: Can a violation of the fair housing law affect a real estate broker's or salesman's license?

A: Yes. A violation of the fair housing laws is a violation of the North Carolina Real Estate License Law; therefore, it could result in suspension or revocation of the agent's license by the North Carolina Real Estate Commission.

Enforcement of the Fair Housing Laws

Q: What should I do if I suspect that I or some­one else has experienced unlawful discrimina­tion in a housing transaction?

A:  You may file a complaint or notify the North Carolina Human Relations Commission (NCHRC), 217 W. Jones St., Raleigh, NC 27603-1336. (Phone: 919/733-7996). However, the complaint must be filed within one year after the alleged violation occurred. The North Carolina Human Relations Commission will be glad to answer any questions you may have.

 

Q: What happens after I file a complaint?

A: The NCHRC will investigate to determine whether unlawful discrimination has occurred. If it has, the NCHRC will attempt to eliminate or correct the discriminatory practice by informal conference, persuasion, or conciliation. If it is unable to resolve the matter:

  • you may request a right-to-sue letter so that you may file a civil lawsuit

  • the NCHRC may file a lawsuit for you

  • if neither of the two previous options is taken, an administrative hearing may take place where a formal decision on the matter will be made.

 

If the NCHRC fails to find that discrimination has taken place, it will dismiss the complaint and issue a right-to-sue letter.

Of course, you have the right to file a civil suit, at your expense, at any time based on a violation of the fair housing laws without filing a complaint with the NCHRC.

 

 

 
 

Questions and Answers on:

HOME INSPECTIONS

     For most persons, purchasing a home is the largest investment they will ever make. It is no wonder then that many homebuyers employ professionals to inspect the structural and mechanical systems of the home and report to them on their condition. Sometimes sellers also employ Home Inspectors to alert them to problems with their homes, which could arise later in the transaction. But normally Home Inspectors are employed by buyers. For this reason, this brochure is written from the viewpoint of the potential homebuyer.

     This brochure is a joint publication of the North Carolina Home Inspector Licensure Board and the North Carolina Real Estate Commission designed to give consumers a better understanding of the home inspection process. What a home inspection is, who can perform an inspection and what to expect. If you have further questions regarding home inspections and Home Inspectors, you should contact the North Carolina Home Inspector Licensure Board, 410 North Boylan Avenue, Raleigh, NC 27603, Phone 919/715-0991.

Q:  What is a home inspection?

A:  It is an evaluation of the visible and accessible systems and components of a home (plumbing system, roof, etc.) and is intended to give the client (usually a homebuyer) a better understanding of their condition. It is also important to know what a home inspection is not! It is not an appraisal of the property's value; nor should you expect it to address the cost of repairs. It does not guarantee that the home complies with local building codes (which are subject to periodic change) or protect you in the event an item inspected fails in the future. [Note.. Warranties can be purchased to cover many items.] Nor should it be considered a "technically exhaustive" evaluation, but rather an evaluation of the property on the day it is inspected, taking into consideration normal wear and tear.

Q:  Can anyone perform a home inspection?

A:  No. Only persons licensed by the North Carolina Home Inspector Licensure Board are permitted to perform home inspections for compensation. To qualify for licensure, they must satisfy certain education and experience requirements and pass a state licensing examination. Their inspections must be conducted in accordance with the Board's Standards of Practice and Code of Ethics.

Q:  Why should I have the home inspected?

A:  Most homebuyers lack the knowledge, skill and emotional detachment needed to inspect homes themselves. By using the services of a licensed Home Inspector, they can gain a better understanding of the condition of the property, especially whether any items do not "function as intended” or "adversely affect the habitability of the dwelling” or "warrant further investigation" by a person who specializes in the item in question.

Q:  In my home purchase I have chosen to sign the standard Offer to Purchase and Contract* form which many real estate and legal professionals use. It states that I have the right to have the home inspected and the right to request that the seller repair identified problems with the home. Will the home inspection identify all of these problems?

A:  Yes and No. Home Inspectors typically evaluate structural components (floors, walls, roofs, chimneys, foundations, etc.), mechanical systems (plumbing, electrical, heating/air conditioning, installed appliances and other major components of the property. The Home Inspector Licensure Board's Standards of Practice do not require Home Inspectors to report on: wood-destroying insects, environmental contamination, pools and spas, detached structures and certain other items listed in the Offer to Purchase and Contract form. Always ask the Home Inspector if he covers all the things which are important to you. If not, it is your responsibility to arrange for an inspection of these items by the appropriate professionals. For a description of the services to be provided by the Home Inspector (and their cost), you should read carefully the written contract which the Home Inspector must give you and which you must sign before the Home Inspection can be performed.

Q:  How do I request a home inspection, and who will pay for it?

A:   You can arrange for the home inspection or ask your real estate agent to assist you. Unless you otherwise agree, you will be responsible for payment of the home inspection and any subsequent inspections. If the inspection is to be performed after you have signed the purchase contract, be sure to schedule the inspection as soon as possible to allow adequate time for any repairs to be performed.

Q:   Should I be present when the home inspection is performed?

A:   Whenever possible, you should be present. The inspector can review with you the results of the inspection and point out any problems found. Usually the inspection of the home can be completed in two to three hours (the time can vary depending upon the size and age of the dwelling). The Home Inspector must give you a written report of the home inspection within three business days after the inspection is performed (unless otherwise stated in your contract with the Home Inspector). The home inspection report is your property. The Home Inspector may only give it to you and may not share it with other persons without your permission.

Q:  Are all inspection reports the same?

A:   No. While the Home Inspector Licensure Board has established a minimum requirement for report-writing, reports can vary greatly. They can range from a "checklist" of the systems and components to a full narrative evaluation or any combination of the two. Home Inspectors are required to give you a written "Summary" of their inspection identifying any system or component that does not function as intended, or adversely affects the habitability of the dwelling, or appears to warrant further investigation by a specialist. The summary does not necessarily include all items that have been found to be defective or deficient. Therefore, do not read only the summary. Carefully read and understand the entire home inspection report.

Q:  What should I do if I feel something has been missed on the inspection?

A:  Before any repairs are made (except emergency repairs), call the inspector or inspection company to discuss the problem. Many times a "trip charge" can be saved by explaining the problem to the inspector who can answer the question over the telephone. This also gives the inspector a chance to promptly handle any problems that may have been overlooked in the inspection.

Q:  If, following the home inspection, the seller repairs an item found in the home inspection, may I have the Home Inspector perform a "re-inspection”?

A:  Yes.  Some repairs may not be as straightforward as they might seem. The inspector may be able to help you evaluate the repair, but you should be aware that the re-inspection is not a warranty of the repairs that have been made. Some Home Inspectors charge a fee for re-inspections.

 

 

 
 
     
     
 

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