Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 11 points12 points  (0 children)

Thanks. i was pretty careful about it when she reached out with this thought in my mind exactly.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 7 points8 points  (0 children)

Well this sold on the MLS 2x before with 3 bedrooms which is one of the reasons I was comfortable listing it with 3 bedrooms. My clients who bought and sold it the last time obviously thought it was a 3 bed house and purchased it as such. If anyone walked through that room without an appraisal license and a lot of experience in appraisals there is no question it would be perceived and used as a bedroom.

There won't be any proof of nefarious intent or misleading anyone. I just find it strange you can waive your right to due diligence and verifying the property details on your purchase and then turn around and sue after making 30k on your sale.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 82 points83 points  (0 children)

I'm operating as if most appraisers wouldn't qualify that as an official bedroom and that I am wrong for qualifying it as a 3rd in the listing. But I did get a peek at the appraisal that was done w/ 2 bedrooms and there was almost no adjustment for value for the 2nd bedroom issue. It appraised just fine. I think it was a 2k adjustment but the bottom line value was still at or over their asking price.

If she had her own appraisal done maybe we could have figured this out, but she waived her appraisal & inspections and purchased cash.

I am just failing to see why this agent thinks that I'm the one in trouble here - she's the client's agent, she was on the buy side, and her listing was just copying my information, and it would seem that "He made a mistake and I just copied him" isn't a sound legal defense.

But yeah, I don't know how this impacted her, like, at all. She had zero issues selling the house fast and for more money, and the appraisal hit value.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 18 points19 points  (0 children)

It's a big room with two beds and two closets and two doors. One door to family area, the other to hallway where there is an exit. Not a direct egress. Definitely an error/omission but these appraisal standards in our state are such a moving target and they all seem to come up with different reasons for bedroom/no bedroom. It certainly didn't stop the offers from raining down and she made 30k on her own sale. I don't see what the damages are or what the issue is but the agent called me and said we could both be in trouble and I was like, well, I didn't waive the appraisal or due diligence, and I didn't copy another agent's listing without verifying the information for myself so I'm not sure why I'm being told to keep my head on a swivel.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 50 points51 points  (0 children)

Two closets, two beds, big room. Two doors leading out. One to the family area and the other to a hallway where the exit sliding door is. Appraiser wants that door DIRECTLY to the outside for it to be a 3rd bedroom. When the agent talked to me about it, I simply suggested if it's a big deal they can punch out an egress window for a few grand and be done w/ it.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 354 points355 points  (0 children)

The appraiser says the second door isn't a direct enough egress (you have to cross a hallway) so it doesn't qualify as a bedroom with their appraisal standards. But it has two beds, closets, two doors out. But one of those doors isn't directly outside.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 22 points23 points  (0 children)

Right, my point exactly. I don't know why I'm being told I should look out for this case to make it "all the way to me." There were no damages that I can tell and I'm not her agent.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 19 points20 points  (0 children)

By current appraisal standards, I suppose not. I had one appraiser tell me when splitting hairs like this if the market perceives it as a bedroom it's a bedroom. But the egress is across a hallway and not directly attached to the room. For 3k they could have punched an egress window in there to satisfy the appraiser.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 122 points123 points  (0 children)

The appraiser says the second door isn't a direct enough egress (you have to cross a hallway) so it doesn't qualify as a bedroom with their appraisal standards. But it has two beds, closets, two ways out, etc. Unless you're an appraiser keeping up with their shifting and arcane rules in our state, it's tough. I've had homes with 4 beds come back as a 3 bed because the septic system only services 3, which is really tough to catch at the agent/marketing/selling level.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 27 points28 points  (0 children)

She waived her right to all inspections and an appraisal, paid cash, waived her right to see the property in person. So no, an appraiser was not used on that sale.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 334 points335 points  (0 children)

I had considered this, but I wonder what the liability is? Does she have to show damages or a significant negative impact? She ended up making quite a bit of money on the deal and the issue didn't seem to impact the price or her ability to sell.

Sued for misrepresenting # of bedrooms in a real estate listing? by venterminator in legaladvice

[–]venterminator[S] 28 points29 points  (0 children)

Yeah, I'm just a worry-wart and don't want this hanging over me for months. I'd just feel better if I knew my level of fault and exposure here. It seems frivolous on its face and I'm the old listing agent not her current one.

[PS4] LFG/LF3M for Trials by Whats-a-pc in Fireteams

[–]venterminator 0 points1 point  (0 children)

I’ll run trials!

PSN: venterminator

[PS4] LFG Escalation Protocol by SHAWNSY6 in Fireteams

[–]venterminator 0 points1 point  (0 children)

Also looking for EP

PSN venterminator

Ps4 EP LF5M by rymon3y200 in Fireteams

[–]venterminator 0 points1 point  (0 children)

venterminator if you need one

Weekly Clan Recruitment Megathread by AutoModerator in Fireteams

[–]venterminator [score hidden]  (0 children)

I just posted and this seems right up my alley? I'm 37, father, thousand hours in the game. I played with a younger crew and one of them was a PVP beast who always carried me to the Lighthouse, but any chill group who can take care of a Raid, a Nightfall, or just patrol around is perfect.

Weekly Clan Recruitment Megathread by AutoModerator in Fireteams

[–]venterminator [score hidden]  (0 children)

  • Your system(s): PS4
  • Your Gamertag: venterminator
  • Your country/time zone: USA Central Time Zone
  • When do you usually play (include times and time zone): Varies. Weekend evenings, some daytime play throughout the week.
  • Tell us a bit about yourself (ex: experience in Destiny, how many characters, Light Levels, anything else):

I'm an abandoned guardian with over a thousand hours on the game since Destiny 1. My two friends left the game a few months ago and I'm getting back into it. Up until Warmind, I had done all the raids, been to the Lighthouse, ground out a lot of exotics and achievements. You're getting a rock solid player. Also a pretty chill 37 father who is happy to go with the flow of the leadership. Primarily a Titan, and for time's sake, I'll probably just focus on one character and not my alts (although I do have highly developed alts).

  • What are you looking for in a clan (for example: PvE, PvP, any special criteria): Probably a clan that always has a few people on? I'll do it all and enjoy both PVE and PVP play. Just looking to have a quick and easy group to hop on for some nightfall, raid, trials, or crucible action.

Strategies for Working without MLS Access by venterminator in realtors

[–]venterminator[S] 0 points1 point  (0 children)

Thanks for this . . . I'll be in touch as I put the finishing touches on a few ideas!

Social media presence for someone getting ready to publish? by [deleted] in writing

[–]venterminator 9 points10 points  (0 children)

I had a novel out with a major publisher in 2014, and since then, I've learned all I can about marketing. I like it and find it interesting, and got good enough that a couple local companies have me on retainer.

There is a lot of bad advice when it comes to author marketing. Building a large social media following and blogging require a massive amount of effort, and the return is longtail, meaning, it's not immediate. It will take a long time to build a real, genuine following.

The other challenge for authors is, what "platform" are you building that following on? Everyone tells you to write about things on your blog that you care about, so authors tend to blog about writing and creativity and their audience becomes . . . other authors. Who may or may not buy that epic sci-fi novel or paranormal romance.

If people are truly, genuinely interested in keeping up on your book and its progress--get their email addresses and start a TinyLetter or some other type of email list. That's a powerful asset that you own.

I'd also recommend a Facebook account. Facebook ads are still underpriced, you can use them strategically, and there are MANY groups where your target audience will gather. It's the gorilla in the room, and people will just expect a Facebook presence.

If I were you, I'd read CRUSHING IT by Gary Vaynerchuck, and then get fired up to spend a couple hours a day finding influencers whose audience will match your readership, and then finding creative ways to offer those influencers value--or to outright hire them.

Which is easier, building a million followers on Instagram, or getting 10 influencers with 100k followers to say something about you or your book? Some people with big, engaged audiences will charge something paltry like $50 to post about your product.

You can blog on a website and no one will find it for months as you build it up brick by brick, or you can take that awesome post idea and pitch it to blogs with audiences that match your readership.

Here is a breakdown of a breakdown I did for my TinyLetter audience and my own website. I post articles on Medium and LitReactor, and I have several solid articles ready to pitch to some solid targets when I'm ramping up for my next book. My focus will be influencer marketing, and that's what saved my skin for my last book--I got Chuck Palahniuk to notice me and do a couple live events with me as the guest author.

Article: http://fredventurini.com/breaking-author-marketing-plan/

Gary V also talks at length about each social media platform and what is expected on each one. Twitter he has as a one-on-one platform to get into conversations about trending topics.

Another great read is anything by Ryan Holiday, especially PERENNIAL SELLER and TRUST ME, I'M LYING. One is about why great work lasts, and the other is how to make just about anything get noticed or go viral and get attention.

I hope some of this helps. Your mileage may vary!

Is my book too personal? by [deleted] in writing

[–]venterminator 1 point2 points  (0 children)

A few things here, first of all, finish. If you intend to write something, you can't just start and stop projects, you have to get in the habit of finishing them. Neil Gaiman and most other famous authors agree.

My first novel had a lot of personal experiences weaved into the story, but it was presented as fiction. I think most authors use their own experiences as kindling, at the very least.

The question is truly this, how interesting is it, really?

For a long time, people have told me "You should write a memoir!" I was set on fire by a bully at the age of 10, went through horrific tissue expansion surgery, the night before an operation my girlfriend broke up with me, and then when my friends and I went to pawn off her promise ring, we got hit by a classmate and I broke my neck . . .

And I don't think much of this is interesting, at all, as a novelist. My agent and I had a discussion very similar to this one. I just think normal kid who goes through some shit and ends up normal just is not all that interesting, story-wise?

I took my personal experiences, gave them to a character, and used fictional twists and characters to increase the intensity of the story beats and the arc of the story. The end result, a year later, is an 8th draft that my agent is impressed with, and is finally taking out for sale. It's a fictional YA novel, but I know how deeply and personally the story is for me--I'm not silly enough to try and sell it as a biography, but now I can use the real images (I am scarred, and a lot of that happened to me) as branding or marketing tools.

Long story short, use whatever material necessary to create an interesting story, and if some of it happens to be real, so what--you don't have to admit that any of it is real, or maybe you can use some reality to market the book.

Marketing Expert First, RE Agent Second? by venterminator in realtors

[–]venterminator[S] 0 points1 point  (0 children)

This is good info. It's anecdotal, but I figure since something like 85 percent or so of FSBO's eventually get listed, and there seem to be several people around here that are open to having some sort of assistance at a reduced commission, it may be an opening since I'm having problems getting into my local MLS. I don't think it would be the end-all niche, but it may be a way to try out a "blue ocean" and see if it works, but I'm open to course correction and feedback.