FRee Real Estate Training Archives

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Landlords Better Watch This Closely and Take Action Now!

Kentucky led the nation on new law making Landlords the “Legal Owner” of their Tenant(s) Dogs. Now Pennsylvania follows in a close second.

Protect Yourself Now – Brand New Animal Application Forms Package

Will Your State Be Next?

ATTENTION LANDLORDS! Do NOT act like an ostrich. If you have tenants or if you are expecting tenants, you MUST take action on this now to “NIP IT IN THE BUD” as old Barney Fife screams. This will be coming to your town and your insurance company soon.

What are Your Comments about this new law and this article?

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Pennsylvania attorney Thomas J. Newell, who specializes in personal injury claims, announced that his firm has just obtained a $508,613.84 settlement from a landlord’s insurance carrier after a tenant’s pit bulls attacked a young boy.

The landlord allowed the tenant to keep the dogs.

According to Newell, the dogs jumped a three and a half foot fence into a homeowner’s yard and mauled the boy. He sustained serious injuries which required 17 surgeries.

His mother was also injured when she tried to help her son fend off the dogs. The family’s bills exceeded $500,000.

The landlord’s insurance company filed lawsuits in both federal and state courts arguing that, due to language in the policy, it could deny financial responsibility for the attack. However, Newell says he was successful in fighting those claims, and the insurance company ultimately conceded, agreeing to pay the victims the liability policy limits.

In July, an appellate court in Kentucky overruled a lower court’s decision that a landlord was not liable for injuries when a tenant’s dog bit someone across the street from a rental property.  Now, landlords in Kentucky may be viewed as “statutory owners” of tenants’ dogs simply by approving a pet request.

Protect Yourself Now – Brand New Animal Application Forms Package

Conversely, a Wisconsin court decided in March, 2011 that a landlord could not be held liable when a tenant’s pit bull attacked a neighbor, enforcing a longstanding policy in the state that landlords are only liable if the animal belongs to the landlord or is specifically under their control.  Judges found that being in control of the rental property is not enough to show control over the dog.

A number of cities and counties across the country, including some in Pennsylvania, have considered breed-specific legislation banning pit bulls and other breeds thought to have vicious propensities. Those laws have come under heavy opposition by animal rights advocates who say the individual dog, not the breed, determines whether the animal is a risk.

Newell  says he has recently represented a number of dog attack victims throughout Pennsylvania

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Protect Yourself Now – Brand New Animal Application Forms Package

Now you have seen this happen in Kentucky, Wisconsin, Ohio and this new law WILL SPREAD across America. Think about it. If you owned an insurance company, would this be a money saver for insurance companies.

Take action now.

Share this article, Email and forward to fellow investors and REIA Groups!

What are your thoughts?

State Supreme Court Rules AGAINST Landlords!

Kentucky Leads The Nation Again!

Right here in Louisville, Kentucky, my hometown, a lawsuit against a landlord has made it all the way to our State Supreme Court resulting in another new case law against landlords. This ruling has spread like wildfire all over the U.S.A.

Here is the short version.

Tenant has a Rottweiler dog in a fenced rear yard. Dog gets out of the yard, runs across the street and attacks a little girl, tearing most of her face off.

Obviously, the girl’s family is tore all to pieces and sues both the tenant and the landlord.

The case ends up in our State Supreme Court and they ruled on this case just a few weeks ago.

In summary, the Kentucky Supreme Court, in their explanation of their ruling, sided with the girl’s family giving major consideration of who has the deep pockets. The court acknowledged most tenants do not have piles of cash and remarked the only opportunity for recourse for the little girl’s family would be the landlord.

As a result of their ruling a new “case law” was created making the landlord the true owner of any animal on the rental property, with or without the landlord’s permission. Don’t shoot me, I am the messenger.

FYI, because the dog escaped the fenced rear yard, the State Supreme Court ruled the landlord was not responsible for the animal when it is not on the rented property and ruled in favor of the landlord on this case because the dog was not on the property.

My concern is your insurance companies across America will jump on this bandwagon just like environmental hazards.

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Ignorance Of The Law

Is NOT Your Get Out Of Jail Free Card

                   While working my full time job as an undercover police detective, I had the opportunity to see a lot of things “behind closed doors.” One of the most powerful phrases most investors and Americans do NOT understand is the title of this short article. I can not tell you how many folks, after being arrested for a crime, would say “I did not know that was against the law.” 

          With the help of media and lenders and our economic market today, the word “real estate” has transformed into an almost bad word. In fact, many consumers are looking for ways to “get back” or get even, or sue the very folks who helped them graduate into homeownership. This means me and you have huge targets on our backs.

          Be very careful in today’s real estate market. Always use the proper disclosures and always do things the right way, the professional way.

          PROTECT YOURSELF NOW! Remember this powerful phrase.

Here’s some simple no-brainer tips and red flags to avoid as a real estate investor.

  • NEVER Buy using a Quit Claim Deed
  • NEVER do “kitchen table closings.” ALWAYS use a “GOOD and REPUTABLE” real estate attorney or title company.
  • ALWAYS buy Title Insurance when you are buying an investment property.
  • If you are selling a property and you want to sell it real bad…. Be very careful about what you do to help your seller. Many times a loan officer or loan broker will ask a Seller to prepare another form or they may ask you to just sign this form and they’ll say “We Do This All The Time.” If you hear this phrase, you might want to run. (Remember, ignorance of the law is not a get out of jail free card.)
  • AVOID buying using a “Contract for Deed, Land Contract, or Agreement for Deed.” Once again, always have a professional full blown closing with a real estate expert attorney or title company. (It is ok for you to sell on Land Contract or Contract for Deed)
  • Some common schemes seen by IRS criminal investigators include:
    • “Property Flipping” — A buyer pays a low price for property, then resells it quickly for a much higher price. While this may be legal, when it involves false statements to a lender who is regulated by the feds, it is not. (Now do you really want to say you are a “FLIPPER” or you “FLIP” Properties… the new F word.) 
    • Two Sets of Settlement Statements — FOLKS, This is FRAUD!
    • Fraudulent Qualifications — Some “professionals” assist buyers who would not otherwise qualify by fabricating their employment history or credit record.

Happy Hunting and watch out for these Red Flags of Fraud.

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Ignorance of the Law is not Your Get Out of Jail Free Card!

An Everett, Washington landlord has been ordered to pay a $21,800 fine after failing to include a lead disclosure in his lease.
 
The landlord, who manages 26 units located in Bellingham, Washington, repeatedly leased properties to tenants over the course of several years without including the federally-mandated lead disclosures. The EPA brought the charges against him.

“People have the right to know about lead hazards prior to renting or buying a place to live,” said Rick Albright, Director of EPA’s Office of Air, Waste and Toxics in Seattle. “Sellers, landlords and property managers who do not properly notify the people who will live in these homes can face stiff penalties.”

The Disclosure Rule requires landlords, property management companies, real estate agencies, and sellers to inform potential lessees and purchasers of the presence of lead-based paint and lead-based paint hazards in pre-1978 housing. They must also provide the purchaser or lessee with a copy of the Lead Hazard Information Pamphlet, “Protect Your Family from Lead in Your Home” before entering into any lease or sales agreement, and keep records showing they have met the federal requirements.

Feds are giving a serious look at taxing your 401k and IRA.

One proposal wants tax your contributions now at 18% and may give you an 18% tax credit when you withdraw your funds.

The Feds claim they raise an additional 438 Billion dollars over the next 10 years with this new tax.

What do you think?

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