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Can Real Estate Agents operate under a Business Entity?

by Frankie Griffin 27. May 2013 08:11

http://youtu.be/sDKnR7rJpoM  CLICK HERE TO WATCH THE SUCCESS IN REAL ESTATE SHOW WITH FRANKIE GRIFFIN

South Carolina License Law allows for licensed real estate agents to establish a business entity, for tax purposes, when practicing real estate.  Business entities such as a Limited Liability Company (LLC), or S-Corporation have become very common and can be a good idea if used correctly.  When establishing the business entity, it can be set up as one owner or multiple owners.  If there are more than one owner, all owners must have a Active Real Estate License and all licensees must be licensed under the same Broker-in-charge.

 

License law allows the business entity for tax purposes.  Most licensees are Independent Contractors and receive a 1099, which includes all commissions earned, at the end of each year.  Independent contractors do not have any tax deductions taken out prior to receiving the check.  Therefore, licensees must estimate their annual income and pay taxes each quarter based on the annual projection.  Operating out of a business entity can serve as a benefit to the licensee when used for tax purposes.

 

Unfortunately, many licenses have formed a business entity for the wrong reasons, which are not legal and could create significant liability.  Licensees are not permitted to market themselves under the business entity.  By doing so, the public may consider the business entity as the company they have hired for representation which is in no way the case.  Licensees should never use the name of their business entity in marketing such as, business cards, flyers, signs, etc.  Rather, the name of the Real Estate Company must be used in all marketing and advertising.

 

Once the business entity is created, the licensee will ask their Real Estate Company to pay commissions to their business entity and not to the licensee personally.  This allows the licensees to report the income under a Tax ID Number rather than their personal Social Security Number.  There has been much confusion over starting a Business Entity and how it should be used.  To help answer questions about this subject matter, Andy Aun, with Aun and McKay Law Firm, will be holding a seminar on Thursday, May 30th.  This is a free seminar and open to anyone.  Mr. Aun asks that everyone attending RSVP so he will know how much food to have prepared.  Please find additional information about the seminar attached below.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any licensing class by entering the promo code below when you register on line at the Real Estate School for Success.  This discount may not be used with Designation classes or promotional classes that have already been discounted.

 

Discount/Promo Code is: Incorporate

 Incorporating as a Realtor (2).pdf (474.34 kb)  Flyer for Andy Aun' Seminar

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Can I fire my Real Estate Agent and hire a new Agent?

by Frankie Griffin 20. May 2013 05:38

youtu.be/GYkrFsDzJko  CLICK HERE TO WATCH THE SUCCESS IN REAL ESTATE SHOW.

If a home seller is not happy with his agent, can the seller fire the agent and hire a new agent?  That is the question from a caller on the Success in Real Estate Show on Saturday.  Unfortunately, it is a very common question for home sellers and buyers.  How should that question be answered?

 

If you are a licensed real estate agent in South Carolina, I am sure you have had buyers and sellers ask you if they can fire their current agent and work with you.  As a licensed agent, how do you reply and what should you tell the upset buyer/seller?  One thing you cannot tell them or even suggest is that they terminate their current agreement.  SC License Law states that recommending or suggesting that one should break or in anyway try to get out of a valid contract is a License Law Violation.  Additionally, you could be accused of “practicing law” when you recommend a contract be terminated.  Practicing law without license is also illegal.

 

So what is the right thing to say?  Although there is no one answer, I believe the disgruntled buyer/seller should request a meeting with the Broker-in-charge (BIC). Unfortunately, most do not know or understand they have a BIC.  There is only one Agent per office and that person will be the BIC.  All other licensees within the office are considered Sub-agents of the Agent.  When a seller hires an Agent to sell their home, they have hired the BIC, not the licensee they are usually negotiating with.  I always recommend the buyer/seller meet with their BIC and discuss the issues.  I would think the BIC can remedy the problem in most cases if the BIC is made aware of the problem.  If the problem cannot be remedied, most BIC’s will probably offer a release of their contractual obligations allowing the buyer/seller the right to hire a new Agent.

 

South Carolina Real Estate Agents/Licensees have an obligation to explain to potential clients how the Laws of Agency work.  Licensees must explain to buyers/sellers that they are hiring the BIC/Company and as a licensed sub-agent for the company, you will be providing the representation and fiduciary duties as required by the company’s policies.  If the buyer/seller believes when they sign an Agency Agreement that they are hiring the licensee, the Laws of Agency were not properly explained.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any licensing class by entering the promo code below when you register on line at the Real Estate School for Success.  This discount may not be used with Designation classes or promotional classes that have already been discounted.

 

Discount/Promo Code is: Agency

 

 

 

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What is Due Diligence?

by Frankie Griffin 11. May 2013 09:12

http://youtu.be/6VhGHCddNoE  CLICK HERE TO WATCH THE SUCCESS IN REAL ESTATE SHOW!

Most contracts of Sale include a Due Diligence Period.  This due diligence period is a time for the buyer to conduct inspections and have information about the property verified.  The typical due diligence period will be ten (10) business days.  During this time of inspections, I believe it is the Buyers Agent responsibility to personally verify all information provided to the Buyer to include information in the Multiple Listing Service (MLS).  The buyer is paying their Agent to verify that they are buying what they think they are buying  Although the buyer can order any inspection they feel necessary, there are a few that I recommend at a minimum.  Those include:

 

1.      Home Inspection

2.      Termite Inspection (CL-100 Letter0

3.      Heating and Air (HVAC) Inspection

4.      Survey

 

The Buyer needs to determine prior to making an offer if they want a Due Diligence period or will they by buying the property AS-IS?  If the Due Diligence period is elected, buyer has ten (10) business days to verify all information and have selected inspections completed.  Also during the ten days, if the buyer discovers issues they are not willing to accept, the seller must be notified by written addendum of all issues the seller will be expected to resolve.  If the Seller does not receive the written addendum during the ten business days, the buyer will have waived all their rights under the terms of the agreement. 

 

Another option for the buyer is to purchase the property AS-IS.  There are two considerations with this option.  The first is to purchase AS-IS with no Due Diligence period which means the buyer is buying the property without inspections being performed.  The second is to purchase AS-IS with a Due Diligence period.  This way the buyer will have inspections performed within the allotted time.  Although the buyer will not be asking the seller to make repairs, the buyer can terminate the contract if the buyer is not happy with the results of the inspections.  Buyer must notify the seller within the stipulated time period of their intent to terminate or the buyer will be in default of the Contract of Sale.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any licensing class by entering the promo code below when you register on line at the Real Estate School for Success.  This discount may not be used with Designation classes or promotional classes that have already been discounted.

 

Discount/Promo Code is: Diligence

 

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Do we need a CL-100 Letter?

by Frankie Griffin 17. March 2013 08:31

Baine Termite and Pest Control

 http://youtu.be/Jga-R-jnEsQ  Click Here to Watch the Show


Bobby Baine, owner of Baine Termite and Pest Control, has been ridding termites and other pests from homes for over 37 years.  You just don’t make it that long in business if you are not doing it the right way.  As Bobby explains on our show, if you live in the South, you will have termites.  Termites are here and homeowners must protect their homes from these very destructive creatures.  Homeowners should have a Termite bond on their home.  By having the bond, should termites cause damage to your home, Bobby Baine will totally repair all damages caused by the termites at no additional expense to the property owner.  Not all termite companies make such guarantees so make sure you know what you are agreeing to.

 

Erica West, Mortgage Consultant with Movement Mortgage, also explains that even if the underwriter does not require a CL-100 Letter, but it shows up on the HUD-1, Settlement Statement, the underwriter will require the CL-100 Letter be provided.  This letter or inspection is much more than just a termite inspection.  The inspector will also be looking for excessive moisture and/or water damage in and under the home.  If the moisture level is too high under the home, you will not receive a clear letter.  I recommend you open the vents around your foundation so air can circulate under the house.  This will help lower the moisture level under you home. 

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any licensing class by entering the promo code below when you register on line at the Real Estate School for Success.  This discount may not be used with Designation classes or promotional classes that have already been discounted.

 

Discount/Promo Code is:  Baine

 Home Inspection seminar.pdf (810.98 kb)  Flyer for Andy Aun's Seminar

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Home Inspections, Who is the Beneficiary?

by Frankie Griffin 23. February 2013 08:57

David Dubose

 

  Click Here to Listen to the Show!

Who should have a Home Inspection, Buyers or Sellers?  The short answer to that question is both.  South Carolina has a state law, SC Property Condition Disclosure Law, which requires sellers of residential property to disclose all known problems, malfunctions or defects with the property.  If the law requires sellers to disclose such defects, then why does the buyer need to have a home inspection?

 

This same law also states that the buyer still has an obligation to have the property inspected.  Buyers cannot rely solely on the Property Condition Disclosure Statement.  The reason is that the Seller only has to disclose what they have knowledge of.  Is it possible to have problems with a house and the Seller have no knowledge of it?  Absolutely!!  If you don’t believe that, have a Home Inspector come to your home today and my guess is, you will receive a few pages of defects you had no idea existed.  So buyers certainly need the inspection and the disclosure statement to make an informed decision.

 

It is my opinion that Sellers also need a home inspection prior to putting the home on the market.  A pre home inspection can alleviate potential problems when the home is under contract.  I will share one example with you.  A buyer, which was in the military, has the home inspected after entering into a contract of sale.  The inspection found termite damage and active termites in the property.  Although the seller has a termite bond and could have the damage fixed, the buyer was a few days away from deployment and could not wait on the damage to be fixed and then close.  Therefore, the buyer terminated the contract due to the unsatisfactory inspection.  If the Seller would have had a pre home inspection, they would have found the damage and could have fixed the problem before the buyer found it.  Instead of going to closing, this seller had to put the home back on the market.

 

Make sure you use a licensed Home Inspector with the experience needed to conduct a competent inspection.  One such inspector is David Dubose, owner of Dubose Home Inspections and President of the SC Home Inspectors Association.  David is also a licensed Instructor and teaches the Home Inspection Course. 

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.

 

Discount/Promo Code is:  Inspection

 

 

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South Carolina Property Taxes

by Frankie Griffin 21. January 2013 07:27

 

    Click here to listen to the show

If South Carolina Property Taxes are among the lowest in the country, then why do so many property owners complain about their tax bill?  There is no one answer to that question, but my guest on Success in Real Estate will answer that very question.  My guest is Todd Feaster, Real Estate Appraiser and former employee of the Lexington County Tax Assessor’s Office.

 

There are two primary assessment rates in South Carolina for residential property.  For owner occupied homes, the assessment rate is 4% and all other properties owned will be assessed at the 6% rate.  Taxes calculations are based on Assessed Value, not Appraised Value.  However, you must know the Appraised Value to determine the Assessed Value.  So the first question is, what is the appraised value of your home?

 

As of 2006, South Carolina passed a new tax law called Point of Sale.  This law requires the Appraised Value to be set based on the purchase price of the home.  Assuming the purchase was a “arms length” transaction, your Appraised Value will be whatever you paid for the home.  If you purchased the home for less than market value, the Assessor’s office will adjust the “Sales Price” from what you actually paid, to the current market value.  This causes many property owners irritation.  They know what they actually paid, but when they look up the tax record, it indicates you paid a higher price than you actually paid.  The formula used to compute property taxes is as follows:

 

$200,000         Purchase Prices (Market Value)

X 4%               Assessed Value if you live in the home

$8,000             Assessed Value

X .279             Average millage rate in SC (Yours will vary some)

$2,232             Annual Taxes

 

There are many exemptions to South Carolina Property Taxes and we do discuss many of them on this show.  We also discuss how to properly and successfully appeal property taxes if you feel they are too high.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have you attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.

 

Discount/Promo Code is:  Taxes

 

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Is Real Estate Coming Back In South Carolina?

by Frankie Griffin 7. November 2012 04:11

  Click Here To Listen To Show

For three years or so, there were more real estate agents quitting and getting another job than new agents coming into the real estate industry in South Carolina.  Real Estate was a tuff way to make a living for most agents.  Those that stayed in saw the number of transactions go way down along with their income.  Looking back, as tough as it was, could this have been a blessing in disguise? 

 

As a Real Estate Instructor in South Carolina, I have the pleasure of traveling all over the state teaching and speaking to real estate agents.  Just last week, I was in Charleston speaking to a group of agents and as always, I asked how business was going in Charleston?  Everyone in the room said it is awesome.  They are all very busy with the number one comment I heard was “buyers are coming out of the woodwork right now.”  Charleston is not alone.  I have been hearing that same comment every where I go.  This year has been a come back year for sure so I was not surprised to hear those comments, but I was surprised to hear them this time of the year.  Traditionally, the fourth quarter is a very slow time of the year in real estate.  Very few transaction during this time for many reasons normally, but not this year.  Typically, the number of transaction drop off significantly during the winter, but pick up again in the early spring and all through the summer.  Agents tell me that the number of transactions are actually increasing right now and that they have never been more busy!

 

The tough few years have weeded out most of the agents that were not very serious about their careers.  In fact, so many agents gave up their license and went back into the work force, many multi-office companies around South Carolina had to close several offices and consolidate. The tough times also taught real estate agents the necessity to budget carefully and stick to it.  The agents that stuck to their business plans and budget have learned to be very disciplined which are now paying big dividends.  I thought I would never say this, but today, we actually have a shortage of real estate agents in many areas around the state.  With the substantial increase in business (Buyers and Sellers), many agents actually have more than they can manage properly.  The hardest thing to do right now is to turn down business but someone has to do it.

 

Real Estate is obviously on its way back and in a big way!!  My guest on Success In Real Estate this past week was Erica West, Mortgage Consultant with New American Mortgage.  Erica backs up the comments we are hearing from real estate agents by saying the number of home loans she is processing right now are unbelievable.  She is seeing huge increases in new home loans as well as current homeowners re-financing because the interest rates are still going down!  Today, home buyers can get a 30 year fixed loan around 3.5 %.  If you are thinking of buying or refinancing, you must give Erica West a call and talk to her.  Erica and New American Mortgage will guarantee a clear to close in seven (7) days or less!!  Most lenders are taking 4 to 6 weeks.  This is incredible.  Give Erica West a call at 803-528-5019.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.

 

Discount/Promo Code is:  Mortgage

 

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Seller's Property Condition Disclosure Statement

by Frankie Griffin 15. October 2012 05:13

  

  CLICK HERE TO LISTEN TO SHOW.

In January 2003, South Carolina pasted the SC Residential Property Condition Disclosure Law.  This law now requires anyone selling a residential home with one to four dwelling units, must provide potential home buyers with the Property Condition Disclosure Statement.  In essence, the seller must disclose any problems (malfunctions or defects) in which the seller has knowledge of.

 

This disclosure must be in writing on the disclosure for prescribed by South Carolina Statute. We now have a new property disclosure statement changing and/or adding questions.  This new disclosure statement will not be used until 2013, but it is available for review at this time.  The new statement does provide significant changes that home sellers and real estate agents need to know.

 

Andy Aun, with Aun and McKay Law Firm, discusses many of the changes on this week Success In Real Estate Show, and will be getting much deeper at the next Tudor and Tour Seminar.  This seminar will be held at the new Wellesly Community in Lexington, SC on October 25th from 5:30pm to 7:00pm.  This is a free event and includes food and drinks as well as a time to talk about the important changes in real estate.  The main focus of this seminar will be:

 

·        The newly proposed Residential Property Disclosure Statement

·        What changes are proposed?

·        Do they affect Agent Liability?

·        Do they help or impede our overall ability to manage the risks of the transaction for both Buyers and Sellers.

 

RSVP information as well as location and directions for this seminar are in the attached flyer.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.

 

Discount/Promo Code is:  Disclosure

 

 

 

 

What is the Difference between a Green Home and a Healthy Home?

by Frankie Griffin 7. October 2012 07:37

 
  CLICK HERE TO LISTEN TO RADIO SHOW
Most people are familiar with Green Homes, but are you familiar with Healthy Homes?  Green Homes are designed and constructed to be energy efficient whereas Healthy Homes are designed and constructed to be Healthy.  The attached episode from Success In Real Estate is a must hear if you or your family is suffering from allergies.  Jason Starnes is building one of the first Healthy Homes in the Midlands of South Carolina.  Jason has spent years investigating and studying how a Healthy Home should be constructed.
 
The first step is to find a contractor that understands how you want the home built and will not try to cut corners or use materials not specifically designed for a Healthy Home.  Prescriptions for a Healthy House is an excellent reference book for finding healthy materials and construction practices.  As the homeowner, you will need to clearly document your instructions to the contractor and personally approve all materials.  You will certainly want to work with a qualified consultant or architect who has experience in building a Healthy Home.
 
Materials for a Healthy Home can be found at most local Supply Store, such as Lowes, Home Depot, ect.  However, you must know what to look for when shopping or ordering materials.  Materials needed for Healthy Homes will not contain chemicals such as formaldehyde-treated composite which can cause severe reactions to those with allergies.  These materials are available, but are not typically labeled in the store for consumers to know which have formaldehyde or those that do not.  Chemical free material may cost a little bit more but should not be significantly higher.
 
Also on the show this week is Tim Mosley, owner of Carolina Conditions.  Tim fully understands how clean air is critical to having a Healthy Home.  Your HVAC system can be causing or inflaming allergies.  A Healthy HVAC will have special filtration components to ensure contaminated air will not be coming into your home.  Air ducts can get very dirty and actually grow contaminants which you and your family will be breathing.  Air ducts must be installed and sealed properly to ensure complete system balance and safe air.  Call Tim Mosley if you would like a free inspection of your entire HVAC system.  The most expensive filter you have in your home is your lungs.  You owe it to yourself and family to ensure you can live a healthy life at home!  You may contact Tim Mosley at 803-233-4097
 
If you are interested in getting your South Carolina Real Estate License, we would love to have attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.
 
Discount/Promo Code is:  HEALTHY
 

 

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$100 Down Payment When Buying Your Home

by Frankie Griffin 30. September 2012 07:50

 

   Click here to listen to the show.

How much down payment must a buyer have to purchase a home today?  Obviously, that will vary depending on several factors.  However, there is a program available to purchase a home requiring only $100 for a down payment!  HUD has several programs that Real Estate Agents and Home Buyers need to be familiar with.  My guests on Success in Real Estate this week, Larry Jordan, owner of Palmetto Real Estate Group and two of his agents, Tharry and Theresa Sally, explain how some of these programs can work for you.  If you have any questions, give them a call at 803-939-8562.

 

The $100 down payment program is a FHA product which requires:

            * The property must be owner occupied

            * The client must offer full list price

            * You must utilize FHA insured financing

* Borrower must not have purchased a HUD REO property within the last 24        months

 

There is also a Good Neighbor Next Door Program which allows the buyer to purchase the home for only 50% of the homes value.  For example, you buy a HUD home for $100,000, you will have two mortgages, each for $50,000.  You only make payments for one mortgage for $50,000 and once you have lived in the home for three years, the other $50,000 mortgage will go away, NO PAYMENTS!  You just bought a $100,000 home for only $50,000.  Requirements of this program include:

 

·        Eligible Participants: Teachers, Law Enforcement, Firefighters, and EMT

·        Available Financing: FHA, VA, or Conventional

·        Qualifies for the $100 down payment program if you utilize FHA insured financing

·        HUD requires a silent second mortgage for the discount amount (50%) – no interest payments required

·        You must live in the home as your sole residence for a full 36 months

·        Must put one percent of the list price as earnest money, but no less than $500 and no more than $2,000.  Once you close, you can get the earnest money back, less the $100 down payment, or apply earnest money towards the loan amount

 

If you purchase a HUD home in need of repairs, HUD will provide the funds to make repairs.  The repairs listed on the appraisal cannot exceed $5,000 and the buyer can establish a cash escrow or they are permitted to include in their mortgage an amount equal to 100% of the estimated cost of the repairs.

 

If you are interested in getting your South Carolina Real Estate License, we would love to have attend our Real Estate School For Success.  We will train you to not only pass the state exam, but also teach you how to build a lucrative career in the Real Estate Industry.  We also offer many other licensing courses such as Property Manager, Appraiser, Home Inspector, etc.  The Real Estate School For Success is an approved MyCAA provider, which allows for many military spouses to take all classes at no charge.  Give us a call for details.  You can also receive a 10% discount on any class by entering the promo code below when you register on line at the Real Estate School for Success.

 

Discount/Promo Code is:  HUD

 

 

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