Ways to Market in the Real Estate Business
It's impossible to build a successful real estate business without developing and maintaining a healthy sales pipeline. One obvious way to drive Read more...
Ways to Market in the Real Estate Business
It's impossible to build a successful real estate business without developing and maintaining a healthy sales pipeline. One obvious way to drive sales is to have a deliberate marketing effort, but with so many ways to market yourself as an agent, it can be daunting having to choose between so many marketing channels.
In this post, I’ll go over a few of the most effective to help build your marketing roadmap.
As always if, you are interested in online real estate classes or a live real estate school, visit adhischools.com.
Networking
One of the easiest and least expensive ways to market and raise awareness about you and your business is to start networking. In the physical world, this could be something as simple as handing out your real estate business card to people you meet and letting them know what you do. Although the person to whom you gave your card many not have an immediate real estate need, consistent networking can lead to a long line of referrals. The best part: This word-of-mouth promotion is free, and you never know who they will meet with real estate needs.You can also participate in local community events, particularly if you are in residential real estate. Whether you hang out at the farmers market or have a booth at a street festival, being involved in the area in which you sell will make people more inclined to work with you. Set a goal to recognize as a resource for local real estate.But what about networking in the digital world? This could mean maintaining social media accounts on popular platforms like Instagram, Twitter and Facebook. There are different ways to reach people once you're signed in. Don’t forget to post helpful and interesting content (like I do with our blog *cough* *cough*) adding friends, liking other people's posts, sending direct messages and more. After you meet someone in person, don’t be shy about asking to connect on Facebook, or following one another on Instagram. Make a conscious effort to reach out online, especially after making a personal contact.
Setting a Marketing Budget
While not a law, realtor.com says that you should be spending 10 percent of your commission income on marketing. Overall, have your spending match the caliber of what you're trying to sell. Compare the marketing associated with a starter home and a luxury mansion - they are totally different. If you’re interested in learning more about the luxury real estate market, check out my YouTube video.In most real estate markets nationally, the starter home is going to get plenty of interest solely based on price, so you may just need to create a listing in the MLS to get interest and have a few nice photos up. The luxury market, however, can be more competitive and particular, so save your money for extravagant and decadent open houses, professional photography/videography and promotions you will do throughout the listing period.
Paid Promotions
While on the subject of a marketing budget, there are plenty of ways to promote yourself that are worth the investment. Here are just a few ways to use your marketing budget to the max.
Boost your SEO
According to the National Association of Realtors, 90 percent of people searched for their home online. Increase your online search rankings in a local home search.
◦ Consider pay-per-click Google Ads to get your page higher in the paid search results.
◦ Hire someone with SEO knowledge to make your website organically rank higher.
◦ Increase your presence online by paying for premium memberships on listing sites like Zillow and Realtor.com. You can gain more visibility as potential buyers browse what's available because your profile will be featured while they are swiping through.
• Pay to boost your social media posts to reach people outside of your normal friends list on platforms like Facebook.
• When it comes to direct mail, utilize the services of a professional postcard marketing company like www.farming.cards to get your name and message into the homes of potential customers.
Be Memorable
Great marketing that is consistent will keep you fresh in the minds of your leads and contacts. When you are out there promoting your business and winning the trust of your sales pipeline, guess who your contacts are going to call when they have real estate needs?
Don’t Neglect the Direct Sales Approach Also
Marketing is great, but don’t forget direct sales. Work the phones, door knock and directly engage your customer. All of the aforementioned are totally F-R-E-E. =)
Learn More at ADHI Schools
Effective marketing is key to becoming a successful real estate agent. At our real estate school, we'll teach you strategies for becoming an excellent self-promoter and a real estate powerhouse! Register for ADHI Schools today!
- Kartik
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How to Dominate a Farm in Real Estate
You've finished your real estate classes and passed all the tests. It's official: You're now a licensed real estate agent. All those sleepless nights Read more...
How to Dominate a Farm in Real Estate
You've finished your real estate classes and passed all the tests. It's official: You're now a licensed real estate agent. All those sleepless nights filled with studying alluvium soil and the laws of the land have added up and paid off. After you put the blast the good news on Instagram, the question hits you: What next?
Starting off in real estate is at once the most exhilarating and scary times you'll find yourself in. After all, real estate agents aren’t in short supply, especially if you’re in Los Angeles or Orange County. The question becomes how do you pick a specific market area and get the majority market share in that community?
Breaking into high-end, luxury real estate isn't for the faint of heart nor for those who are off put by the idea of getting their hands dirty. This market is especially challenging for those with no prior experience, connections or repertoire. However, this doesn't mean there isn't a way to to get the job done. I’m warning you: It's will take work. (But hey, nothing worth having comes free — or in this case, without immense effort on foot.)
In order to get your name out there for those in your target market, your first step is to farm that area.
What Is Farming in Real Estate?
Farming a market is when you select a geographic or demographic area to focus on in hopes of growing your brand and ultimately your market share in that area. As time passes, you consistently nurture the market you've selected to farm through various marketing tactics that, over time, allow you to be seen as a trusted member in the community. Though geographic farming (as opposed to demographic farming) is generally thought of as the more common of the two forms of farming, both can lead to big breaks for newcomers to the realty world.
Consistency Is Key
To successfully break into your target market by farming, you need to be consistent. Farming is a long-term investment — not just financially. It's all about building and maintaining relationships with those in the community, and that takes consistency on a regular basis.
While you strive to make your name a well-known one in your selected area, you can work on building trust and connections by means of consistent communications. You can keep members of your selected community up to date with any new trends or events in their neighborhood by sending biweekly postcards — appropriately branded.
Knowledge is King
It's now a basic job requirement to stay on top of any and all changes that may occur in the market you're farming. Know if there’s a new shopping center being built in the area. Understand any new zoning changes that might be taking place in the near future. Keeping up on these changing market dynamics can be critical in continuing to bring value to your farm area. For example, door knocking with the latest pumpkin pie recipe is great around Halloween, but what about communicating recent sales in the area? If prices have risen or fallen it would be valuable to share this with owners in your farm area.
People love talking real estate - especially if it directly impacts their community.
Plan For Return On Investment (ROI)
When you're first starting out, it can seem like you're constantly dodging bullets and climbing hills. Needless to say, things can seem pretty daunting with a minimal client pool and little experience. Hey, that's why you're farming, after all! There's nothing to be ashamed of about being the new agent in town, but that's no reason to remain stagnant.The great real estate agents know that having a plan and executing it properly is mission critical. Make a budget and set achievable ROI goals. While time, progresses and your year march on, you can alter your initial plan with the insights you've gained thanks to new connections within your farming area and a better understanding of the people within the market.It's also important to bear in mind that farming by definition is a long-term thing.
Awareness Is Key
Being seen as the go-to source of knowledge in the area you're farming is the end goal. It means you're trusted and respected within the community, and have proven to be a reliable source.
Once you've established your role as the neighborhood's professional real estate agent, you'll have direct lines to various homeowners in the area. By coming around consistently and sharing valuable neighborhood and household insights, you're raising awareness about you, your brand and the service you provide. Also possible - the more people you know the more referrals you are going to get.
Keep in mind the law of numbers is alive and well - especially in real estate sales.At times, your real estate journey may seem daunting, but with proper farming, you'll have a positive rapport in the community and numerous satisfied clients in your phone. Follow up with them with intent and determination.
The biggest lesson I’ve learned from nearly 20 years in this business is that consistency is king.
Want to take real estate classes? We offer online real estate education as well as live classroom real estate courses. Let us know how we can help. =)
-Kartik
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FOLLOW UP IN SALES
If you have ever sold anything, you know that it’s extremely rare that a sale is made on the first contact. Even for something as benign as a shirt or bag, the customer Read more...
FOLLOW UP IN SALES
If you have ever sold anything, you know that it’s extremely rare that a sale is made on the first contact. Even for something as benign as a shirt or bag, the customer may need to come back to the store or review the item online a few more times before committing to the purchase. Before you enroll in a real estate school, it's important to be aware that real estate sales is just that - sales. Follow up is probably the most important aspect of the sales business.
Much of the time, it will take at least 3-4 contacts before your customer signs. In the case of real estate sales, it might take even more contacts as the sales cycle can be longer given the transaction size.
Even though this is a fact of business, most sales people don’t follow up nearly enough or as hard as they should.Reaching out to customers after an initial contact makes several positive impressions at once.
Here are just a few of them.
Follow-up and follow-through show your client:
• You're trustworthy.
• You're available.
• You care about their experience.
• You think they're special.
Mastering the art of the follow-up helps you become a more successful salesperson.
• You learn what the customer expects or wants.
• You give a customer the chance to be heard.
• You can convert a contact into a lead.
• You make the contact more inclined to work with you over other agents.
• You stay fresh in the customer's mind. Even if they're not ready to buy/sell right now, they may be later.
With so many benefits, you should definitely pursue following up as a key prospecting strategy to help you nurture leads and build more business.
How Many Times?
Statistics about agents who followed up more frequently versus those who didn’t are staggering. A recent report shows that agents who follow up on their leads five or more times made at least $200,000 per year. Those who followed up less frequently, even three times, reported significantly less earnings.To many of you, three times seems like a lot already, but it looks like five times is the magic number. Real estate depends on many tenacious sales tactics like this one. If you need to overcome the fear of prospecting, remember that the sale is made in the follow through, not in the initial contact.
The Nature of an Effective Follow-Up
If you're not following up with customers, you're setting yourself up to fail. The real estate game is all about gaining new prospects and leads. As such, you must constantly build your sphere of influence, your pipeline and ultimately gain the trust of new people.But before you pick up the phone or hop on the computer, you should take some time to review the best practices of a follow-up. It's more than just randomly calling people you meet. You need to contact people intentionally.
• First, have the right attitude. Sit up straight and exude confidence in your body language and voice. Your customers can sense if you're not sure about what you're selling.
• Follow up with hot leads first. These are the people who are most likely to become clients. You will get a higher success rate when you prioritize hot leads. Plus it’s easier to build your confidence with warm and hot leads rather than “leads” that are unlikely to buy.
◦ Segmenting your contacts is a valuable habit that will help you determine which contacts are more likely to lead to a sale — and therefore more worth your prospecting hours. Try cutting your prospects into groups of “hot” “warm” and “cold”. You must define what “hot” “warm” and “cold” mean. To me, a hot lead is one that will sign a contract in the next five to seven days.
◦ Follow up with a new lead within the first day.
◦ A hot lead should be reached every day
◦ Contact cold leads on a less frequent basis, between monthly and annually, depending on the nature of their real estate needs.
Hit multiple channels
Some people prefer one kind of contact method over the other, so being present on multiple channels can do wonders in reaching them. Here are a few to try:
◦ Phone calls
◦ Emails
◦ Text messages
◦ Social media DMs
◦ Event invites
◦ Direct mail postcards (check farming.cards as a valuable tool).
Vary your approach
You can make direct calls some days or use softer marketing techniques at other times. Sometimes offering informational content reaches leads without seeming too "salesy," such as sharing home-buying tips on a blog or advice on HVAC repair in a video.
Learn Real Estate Marketing and More at ADHI Schools
This is just the tip of the iceberg when it comes to a great real estate marketing strategy. When you take our online real estate classes, you'll learn the ins and outs about becoming a great agent who can nurture great client relationships. Follow up is a critical part of that.
-Kartik
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I recently received an email from a former student who asked me a question that every agent is bound to ask after getting busy. Whether you are taking real estate classes in Los Angeles or going to our Read more...
I recently received an email from a former student who asked me a question that every agent is bound to ask after getting busy. Whether you are taking real estate classes in Los Angeles or going to our real estate school in Orange County the below is applicable.
The email goes like this:
"Dear Kartik, I'm doing well in real estate and I think it's time to hire my first assistant. How do I go about finding someone, and when did you hire your first assistant?"
I'll answer his questions here.
How Do You Go About Finding an Assistant?
Overall, to hire someone, you need to take the following steps:
• Create a job description of the tasks you need performed.
• Properly screen candidates. Don't make impulse hires! There’s a great saying “Be slow to hire and quick to fire!” Good advice.
• Offer them a fair wage to reduce turnover.
After you hire someone, you should ...
• Train them well.
• Stay on the same page with your goals.
• Run your business by the rules created at the beginning but be willing to bend.
My Experience
To fully answer my student's question, I'll also explain my first hiring experience. I hired my first assistant four years after starting real estate, mainly because I had a lot of plates in the air at once. I was running my real estate brokerage business and working at the real estate school at the same time. Naturally, I was feeling overwhelmed.I actually feel like I got lucky with my first assistant. In fact, she's still working with us as the manager of our real estate school. I never screened an applicant before hiring her, but just ended up with a great assistant who stuck with me for the years to come.However, after gaining some experience in hiring more employees, I can now give you some real pointers.
Write It Out
The first thing I'd advise you to do is write out the job's description. What do you personally feel overwhelmed with? Do you need a personal assistant who can get your car washed one time a week and pick up your dry cleaning? Or, do you need a real estate assistant who can organize your files, input your listings into the MLS or oversee photographers and videographers? Hire someone who has experience doing these tasks or get someone who is willing to learn them well.
Properly Screen Candidates
In reality, hiring someone is always a little bit of a crapshoot. You’re going to do all you can to examine resumes and make applicants take personality tests, but there's always an element of luck in the hiring process. However, properly screening your candidates can reduce the chances of making hiring mistakes.
Here are some basic rules to follow:
• Don't randomly hire. Too many agents hire friends or friends or a spouse who was laid off, and then five months later they wonder why it didn't work.
• Avoid impulsive hires, even if you're in a rush.
• Check out their resume and make sure they have a background in the tasks you are giving them or are a good fit to learn.
• Use personality tests and other assessments, but don't let the scores define their destiny. I've seen someone who was told he didn't fit the agent personality profile become a successful broker and start his own company!
Prevent Frequent Turnover
Good talent usually sticks around with good pay, so offer a fair wage to eliminate turnover. After all, who will stick around if you offer just minimum wage? I've had people stay with me for five years, 10 years, even 14 years. Why? It's because I always think about how I can put more money in their pocket.I ask myself how I can make them more money ... because when they're making more money, I'm making more money, and the company's making more money. Pay your employees a fair wage and they'll not only work hard for you — they'll stick around.
Train Them and Have Accountability
After you hire someone, you'll need to do some degree of training. You should also hold them accountable for staying on task. Many agents like to have periodic meetings or phone calls to set goals and objectives because being on the same page is important. Whatever frequency you feel you need to communicate is up to you. I have some members of my sales team that I literally call three or more times per day. This might be a bit much for some of my readers, but it is what it takes when you are getting something off the ground from scratch.
Play By The Rules
Now that you're a boss, you need to make sure that you have all your legal ducks in a row. Have worker's compensation insurance for your assistant and withhold the right amount of taxes. Make sure the people you hire are properly classified as either independent contractors or employees.
Learn From the Best
Congratulations on getting to a point where you can hire your first assistant! I wish you the best of luck in the hiring process and hope you find the right person to join your growing business.If you are looking for the right real estate school, check out our website for real estate classes, or call us at 888-768-5285.
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Lots of people ask me how I find time to write as much content as I do and record as much video content as I have over the last many years. A lot of people have viewed our YouTube channel at my real Read more...
Lots of people ask me how I find time to write as much content as I do and record as much video content as I have over the last many years. A lot of people have viewed our YouTube channel at my real estate education company and want tips on how to create video content and podcasts. I decided to write an article about this from the perspective of the real estate salesperson. Since the vast majority of people reading my blog or watching my videos aren't really looking to start an education company, rather they are looking to get into the real estate brokerage business.
It's important to remember that real estate sales is just that - it’s sales! The more customers and clients you have the more money you’ll ultimately make. But how many potential clients can you reach a day by cold calling and door knocking? No matter your answer, podcasts can increase that number exponentially and expand your reach.
Consider the facts:
• Over a quarter of Americans listen to a Podcast monthly.
• In 2018, over 50 billion episodes were downloaded and/or streamed.
• Podcast listeners are wealthy, educated and loyal.
• The average podcast listener tunes in to seven episodes per week.
• California has the highest number of podcast subscribers of any U.S. state.
Recording a branded podcast is a distinctive and effective way to tap into this potential market — even more than paid advertising. Your podcast will put your voice and message in the homes and cars of potential clients in a way no other tool can. Podcasts position you as an expert in a given field.
Choose Your Topic and Message
You have something unique to offer listeners: your real estate experience and expertise. Buying and selling a home or building can be stressful, and most people see high-end real estate as daunting, too difficult to manage or something "other people" do. Your podcast can bring transparency to the process and clients to your doorstep.Choose a topic for your show that is specific to you and sounds great. A narrative or talk-show format can work well. It should be something you can discuss for 100+ episodes. Once your podcast becomes popular, you can broaden your topic. To get started, however, a frame to work within will help you stay focused.Your topic should also support the underlying message you are trying to convey. Always ask yourself what you want your listeners to leave your show knowing or wanting.
Find Your Voice
There are lots of different styles of podcasting. Choose one that aligns with you. Will you interview guests on your show? Maybe interview past clients or your broker? Converse with your co-host about real estate trends? Take your audience on audio tours of designer homes? Talk about investing in real estate? Regardless of what you decide to go with, it should sound natural and practiced.
Give It a Name
Listeners will decide whether to listen (or not!) by your name. It should be something that captures the topic as well as the message you are trying to send. A clever or witty name will grab your audience's attention. Is there a word or phrase that captures your mission? A regional phrase that is recognizable to potential local clients?Avoid names that are too specific. Instead, select something that is memorable, searchable and available as a domain. Your listeners will want to engage in your content across platforms. Your Podcast can drive your listeners to your YouTube channel, your Instagram or other platforms. If you don’t have these created - do it now! These will provide additional ways for you to attract clients and listeners and give you more credibility and provide additional ways for your audience to connect with you.
Respect your audience
Podcasts convey your message directly to your subscriber. They are intimate and create a connection between listener and host. Treat this relationship as though each listener is a client. Hopefully they will be! Practice, practice, practice. Just hitting record isn't enough to make your show worth turning in to hear. You may find that writing a script gives structure to your recordings. Or, if a more informal style is what you are after, try to stay on topic.Your audience will expect consistency. If you are going to produce a weekly podcast, don't skip a week! Choose a format and schedule that works for you. On the ADHI Schools’ YouTube channel, sometimes I will record 3-6 videos per week and leave these stacked away in a Google drive. This way, I always have content to bring to the community.
Invest the Time and Money
Buy proper recording equipment. This doesn’t have to be a big expense, and it's worth it in the long run. Nobody wants to listen to a muddied recording. You will need to edit your podcast for long pauses, errors or content that isn't relevant. One of the affordable and easy to use software options on the market will help. I recorded a Podcast about the audio equipment we use, but your setup doesn’t have to be this elaborate.
Join the Community
The podcasting community is tight-knit and supportive. Listen to other podcasts. These shows aren't your competition — they're your biggest resource. Inviting guests from other podcasts onto your show can help you make connections to potential listeners or clients.
Take Real Estate Classes
If you are interested in taking real estate classes in Los Angeles click here. Our real estate class schedule can be found here. If you want to call the office, please do so at 888-768-5285.
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It's nice to get a piece of a pie, whatever the size. But let's be honest: Would you prefer 3 percent of a $300,000 listing or of an $18 million mansion? The luxury real estate market is where you can Read more...
It's nice to get a piece of a pie, whatever the size. But let's be honest: Would you prefer 3 percent of a $300,000 listing or of an $18 million mansion? The luxury real estate market is where you can earn the big bucks — but breaking into it isn't easy.
Fortunately, one of my former students Jason Peteler recently sat down with me and discussed how he got into this lucrative market. Newer real estate agents can successfully transition into the luxury business by embracing these four points:
Be good at marketing.
Be good with people.
Know your area.
Don't start out alone!
1. Master the Art of Marketing:
Your image is everything in the high-end market. That's why marketing is the key to putting your best foot forward and spreading awareness about your brand.
You need to be where your potential clients are looking. The current trends are overwhelmingly in mobile and social media. If you're not on Facebook and Instagram yet, you need to create accounts today. If your website isn't mobile optimized, get some help to update it ASAP.
Every time you post, you should present yourself in a way your clients want to see you. Do you want to look negative and unmotivated? Of course not! Instead, post about your current successes and create the image of a confident and competent professional.
Get creative and post infographics, pictures and videos. You can even go "live" for a behind-the-scenes tour of a new listing!
2. Remember It's All About People!
Peteler briefly touched on being a "therapist" in his interview, and he's spot on. Imagine the stress buyers experience when buying or selling average-priced homes. Now multiply the commitment and risk by 10, and you have a client who's parting with or purchasing a high-end property.
Great real estate agents can help their clients cope with the stress and pressure involved with one of the biggest financial moves of their life. This interpersonal skill can make or break a transaction, because maintaining a good agent-client relationship keeps the ball rolling.
3. Know Your Area!
Who wants to work with an agent who doesn't know anything about the local area? When high-end clients approach an agent, they're looking for expertise. When you know the area well, you can sell the listing well.
Acquaint yourself with the area by spending time there: Eat at the local restaurants, talk to residents, walk around and soak in the sights and mood of the district. The more you know about the area, the more your clients will trust you.
4. Don't Start Out Alone!
Real estate agents who have successfully broken into the luxury market virtually agree on one point: Don't try to do it alone. You'll need to learn the ropes from agents who have real experience in the high-end market.
This can mean co-listing with another agent, being part of a team or even becoming someone's "apprentice." In fact, Peteler says that you should first follow a template: Copy what you see has worked for someone, and later you can expand upon it and innovate.
5. Get in Touch!
Another indispensable quality a luxury real estate agent needs is a solid education. To find out more about our real estate courses, contact me today. You can call the office at 888-768-5285 and we would be happy to help get you enrolled in California real estate license courses!
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With much of the Western United States experiencing extended droughts, some homeowners are turning to alternative landscaping methods to save resources.
Recently REALTOR® Magazine1 (pg 34-35) wrote Read more...
With much of the Western United States experiencing extended droughts, some homeowners are turning to alternative landscaping methods to save resources.
Recently REALTOR® Magazine1 (pg 34-35) wrote about owners who are “rethinking the traditional American landscape” by moving toward yards that require less water and maintenance. The “desert landscaping” method, popular in much of the Southwest, is probably what comes to mind when picturing drought-resistant landscaping, but depending upon your locale there are other options to save water without compromising the aesthetics of a property.
Besides aesthetics, cost can be a deterrent when re-landscaping. It takes money to tear out a lawn, buy new plants, or truck in gravel. While these upfront costs are cause for legitimate concern, a move towards drought-resistant landscaping has the potential to save a homeowner money over time. The overall savings will depend on water prices in a given area, but expert estimates claim up to 75% less water is needed and maintenance bills could be lowered by 50% in Southern California when desert landscaping is implemented.
It would be wise to investigate rebate opportunities from your city or county water authority in your area to help offset the upfront cost. There are opportunities throughout the western United States for rebates for everything from removing grass lawns and installing more efficient watering and irrigation systems to more general rebates for conversion to a drought-tolerant landscape. With hundreds of dollars in rebates oftentimes available, the investment can be manageable.
Houses with great curb appeal are easier to sell and it is never too soon to plan ahead. While the traditional, perfectly green yard will likely never go out of style, trends in design can impact prices. Landscape economist John Harris states that good landscaping can add up to 28% to home value. A Clemson University study says that taking landscaping from good to excellent “in terms of design, condition, and placement” can add 6-7% to a home’s value.
These statistics show that execution and design are important. If you choose to move away from a more traditional landscape design, but do it poorly, you may miss out on the opportunity for increased value or worse – even see your property value lowered. Choose the right layout, plants, and accessories, from gravel to a suitable gate to the backyard or courtyard. Seek professional landscaping help or gather the opinions of those you trust about what works. The U.S. Department of Agriculture also publishes information on “hardiness zones” that help people understand which plants can survive in which conditions. Remember, if your landscaping is already good, making it “excellent” could add 6-7% in value.
Some owners resist the thought of a drought resistant yard because they fear that their children won’t be able to play as much. One option is to maintain a lawn in the backyard for room to play, while the landscaping for the rest of the property reflects alternative design. Some choose to pursue this goal with artificial turf in the place of a genuine grass. The distance to a good, safe park can also be a factor here. A nearby park can reduce the amount of green space you personally need and many newer developments are built with parks in the neighborhood.
So if you’re a homeowner, consider a more efficient yard. It might just improve your curb appeal and the value of your home while saving you money on water and maintenance. Whether you’re taking real estate classes in Los Angeles or preparing for the real estate exam in California, make sure you know how to talk to your clients about landscaping. It may not be your job to convince them that alternative landscaping design is right for them, but it is your job to make sure they understand the reasons behind these designs and the community resources that may make up for lost green space.
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Medical marijuana, the controversial practice that flies in the face of federal legal classifications of the drug, has been a troublesome topic for landlords for some time. While California landlords have Read more...
Medical marijuana, the controversial practice that flies in the face of federal legal classifications of the drug, has been a troublesome topic for landlords for some time. While California landlords have had the right to prevent tenants from smoking in their residences under existing smoking laws, the law lacked the clarity needed to assure landlords of the legality of medical marijuana smoking bans. A new bill working its way through the state legislature would clarify the law.
California Assembly Bill 2300 is authored by Assemblyman Jim Wood (D-Healdsburg) and is sponsored by the California Apartment Association (CAA) and supported by the California Association of Realtors. It specifically states that individuals permitted to smoke medical marijuana may not in “any location at which smoking is prohibited by law or prohibited by a landlord”. Marijuana is essentially being treated much more like tobacco.
This will not give landlords the legal ability to prevent individuals with a medical cannabis card from consumption of marijuana in any noncombustible form, including the use of edibles, oils, pills, patches, or vaporizers. The language of the bill specifically states smoking is prohibited with no language addressing these methods.
AB 2300 passed through the assembly floor on May 5th with broad bipartisan support—of the 80 potential votes, 77 votes yes and 3 were either absent or abstained. It is currently at the first reading stage in the state senate, meaning a vote should occur in the near future. If it passes—which looks probable given its bipartisan success in the assembly—it will move to the governor’s desk to be signed into law or be vetoed.
If a landlord chooses to exercise this right, clear, specific lease agreements are crucial. Just like any other provision of tenancy, landlords should make it clear that they are renting with conditions in mind. If this bill becomes law and landlords can treat marijuana like tobacco, it would still be wise—if for no other reason than convenience down the road—to clearly explain this policy and present it in a leasing agreement. Clear communication is a safe practice.
We will be sure to update our readers as this process unfolds. As always, for questions or clarifications simply comment below or reach out to cody@adhischools.com
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You’re a landlord and you receive an application for one of your vacant units. You get excited, looking forward to the income, but then you learn that the applicant has a criminal record. What do you Read more...
You’re a landlord and you receive an application for one of your vacant units. You get excited, looking forward to the income, but then you learn that the applicant has a criminal record. What do you do?
Maybe it matters what the crime is. You might feel comfortable renting to a nonviolent offender convicted twenty years ago. Maybe mental illness was involved and the convicted individual has demonstrably undergone successful treatment.
But what about a sex offender or someone recently convicted of running a meth lab in their last residence? Obviously the type of crime and amount of time since the conviction will impact your perception of risk. So what do you do? You want to protect your property and other tenants.
Landlords must be careful to ensure that their reaction to these situations is not perceived as unlawfully discriminatory. While no state or federal law prevents discrimination that solely targets criminal offenders, it is illegal for the practice to discriminate against protected groups such as racial minorities, regardless of intent.
On April 4th, 2016 the U.S. Office of Housing and Urban Development (HUD) announced that their interpretation of the Fair Housing Act is that any policy or practice that is “facially neutral” but has a “disparate impact on individuals of a particular race, national origin, or other protected class” is “unlawful”, unless the policy or practice is “necessary to achieve a substantial, legitimate, nondiscriminatory interest”. This is where the type of offense and the period of time since the conviction come into play. While refusing to rent to an arsonist who burned down his last apartment building can be considered legitimate, discriminating against someone with a petty theft conviction may be more difficult to justify. Especially if it turns out that you are turning away members of an otherwise protected class and you don't have uniform standards.
The last requirement is an evaluation of potential, less discriminatory, alternatives. In the event a policy is challenged and upheld as lawful, HUD or the rejected tenant can examine alternatives. The landlord does not need to search for alternatives to their legal policy—this burden falls on HUD (or the potential tenant to recommend a HUD-approved policy). But change could be prompted if HUD finds the necessary interest of the policy “could be served by another practice that has a less discriminatory effect”. This could be a mandate to include an “individualized assessment” that allows the potential tenant to prove good tenant history since the conviction, evidence of rehabilitation, etc. This may not change the decision for the individual appealing the rejection of their application, but in theory it would make the policy less discriminatory over time. And in October of last year HUD allocated $38 million to more than 100 groups to fight housing discrimination. Legal challenges to these policies should be anticipated.
So, unless you end up rejecting candidates in proportions that match your population, you could wind up on the wrong end of allegations of illegal discrimination. Thus, it is important to have a well thought out, comprehensive, consistent standard for these situations. And, if in doubt, contact legal counsel specializing in these issues.
In summary, here are the rules to keep in mind to best protect yourself:
Consider the nature of the crime
Consider how long it has been since the conviction
Apply your standard consistently—exceptions are risky!
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One of the nice things about being in real estate is we are generally treated as independent contractors for tax purposes and work hour requirements.
Legally, of course, the California Bureau of Real Read more...
One of the nice things about being in real estate is we are generally treated as independent contractors for tax purposes and work hour requirements.
Legally, of course, the California Bureau of Real Estate always treats us as employees of the broker. From 30,000 feet this means that the broker must reasonably supervise any salespeople working for the broker and the broker is generally responsible for a wrong done by the salesperson while the salesperson is acting under the scope and course of employment.
However, for tax purposes and work hour requirements - what I am attempting to talk about in this article - salespersons can be treated as independent contractors not employees. This generally means:
1. Salespersons are independently licensed.
2. Compensation is based on sales made, not hours worked.
3. There is a written contract that states that the salesperson will be treated as an employee for tax purposes.
Recently, due to the California budget crisis, there was a proposal to have real estate brokers withhold 3% from commissions paid to salespeople.
Yesterday, we got word from CAR that this is not going to be the case.
Real estate agents that are taxed as independent contractors get to keep all the commissions due them and the brokers are not required to withhold this 3%!
The world is once again in balance!
PS: Check out our YouTube video of this here
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