Email ElizabethReal Estate Agents Remain Independent Contractors
Yes, real estate agents remain independent contractors in the 2019 legislation report from the Sacramento Association of Realtors. This is important to the many who want to remain as a business owner and not an employee of a brokerage. Below is a partial excerpt from SAR, Sacramento Association Of Realtors, report.
This new law follows the Dynamex ruling and puts the ABC test that came out of that case into state law by classifying several types of independent contractors as employees. AB 5 allows real estate agents to be treated as independent contractors under the Business & Professions Code section § 10032 as long as they meet three conditions, 1) hold a real estate license; 2) substantially all of their remunerations is directly related to sales or other output rather than to the number of hours worked, and 3) the parties have a written contract stating that the individual will not be treated as an employee with respect to those services.
What AB 5 means for REALTORS®: This new law contains an explicit and comprehensive reconfirmation of the right for real estate agents to be treated as independent contractors and are governed by Business & Professions Code § 10032.
If you want to buy or sell a home call Weintraub & Wallace Realtors with RE/MAX Gold. We can be reached at 916-233-6759.
— JaCi Wallace
Buyers Ask Home Sellers For Personal Property
Often, buyers ask home sellers for personal property such as washers and dryers, refrigerators, lawn equipment, you name it. I have had several issues with personal property in 2019. So much so that I now suggest the buyers just do a bill of sale for $1. When things go wrong take a wild guess who has to fix it much of the time?
I had a seller who had said from the start to leave the fridge as it was an odd size. We put it in the listing agreement. His daughter had packed up the house and the movers took the refrigerator. We always write in the contract that any personal property is left in as-is condition with no warranty, expressed or implied. Of course, the buyers forget all this. The seller could not get to the stored refrigerator and it was packed away in storage for a month. The sellers agreed to pay a sum of money to the buyers to make them stop calling. The sellers decided they needed the refrigerator after all.
Another set of clients agreed to leave the refrigerator and it was an old used refrigerator they bought second hand. It was broken, the freezer didn’t work. The sellers decided that the fridge was in such bad shape, they hauled it away. The buyer’s agent had a meltdown. I offered to throw in a few hundred dollars. The buyer’s agent said the buyers were just too upset. They wanted to move on and hoped the sellers kept their word on the rest of the contract.
The excerpt below was written by Elizabeth Weintraub in 2012 Personal Property in a Short Sale. What am I talking about? These are the buyers who feel it’s OK to ask the seller to leave behind personal items. Things like the refrigerator or washer and dryer, which are not fixtures. Maybe they want the dining room table or bedroom furniture. The sellers personal belongings are not part of the short sale. Non-fixtures do not remain with the home. If you spot a 1965 Mustang in the garage, don’t wet your lips and demand the keys. Don’t assume the sellers are vulnerable and will cave into unreasonable demands. A Sacramento short sale is not a flea market. Everything you can see with a naked eye is not negotiable. Personal property is not free for the taking in a short sale.
Needless to say, I now have a special addendum that says the personal property, whatever it is, that the items are being transferred for $1 at close of escrow on a bill of sale outside of escrow. The same issues were a problem in 2012 as well and continue all of these years later.
To avoid issues with personal property when you are selling your home, call Weintraub & Wallace Realtors with RE/MAX Gold. We can be reached at 916-233-6759.
— JaCi Wallace
The Life Of an Elk Grove Realtor Without Sick Leave
The life of an Elk Grove Realtor with the flu doesn’t include sick leave. The work has to be completed. People’s lives depend on their Realtor. The laptop has helped so much as we can at least be comfortable propped up with pillows. Many people in various professions who are sick still go to work as they need their paycheck. Many people do not have sick leave. Self-employed business owners work no matter what.
At least when I’m sick and working from home, I’m not having to go into the office to make others sick. My sick leave is staying home to work. Who knows if these bugs are contagious? Rest is important, so . . . a short and sweet blog tonight. Long days this week and several offers came in today on our listings. The life of an Elk Grove Realtor is busy and rewarding, even with the flu.
The Sacramento probate properties have a few offers this week, too, so it is very busy in December so far. If you want to hire a hardworking team to represent your property, contact Weintraub & Wallace Realtors with RE/MAX Gold. We can be reached at 916-233-6759.
— JaCi Wallace
Specialize as an Agent Selling Probate Real Estate
How did I start to specialize as an agent selling probate real estate? An agent in my previous office was a probate process expert. She was closing about 20+ cases a year. When she tried to sell her business, she lost a large client, a professional fiduciary. The Realtor was fired by her fiduciary. I then bought this Realtor’s book of business and inherited two busy professional fiduciaries who worked with two very busy probate attorneys.
What prepared me for the visual physical part of probate sales? My previous career was as a Deputy Sheriff-Coroner. In this role, I assisted the Yolo County Coroner’s department with body removals. I gave face-to-face death notices to next of kin. In this job, I performed homicide and suicide investigations, as well as natural death reports, routinely. I collected and preserved the evidence. Having extensive courtroom testimony experience and completing police reports has been useful in my probate sales. With my past profession, it was a natural evolution to work in the probate process of real estate sales.
I’ve worked on some very interesting probate cases. I find the work very satisfying. My past professional experience working in and around the death of persons and all that was involved, attracted me to probate work. I especially enjoy the teamwork with the professional fiduciary and working with attorneys on each case.
Much of the time to specialize as an agent selling probate real estate is very interesting. I know I am helping the heirs by liquidating the real property assets. The cases are scientific to me in nature. I have had to prepare homes for sale that have been previous crime scenes. These types of listings require me to have the property cleaned up and ready to show. It is always fascinating work. No matter what has happened, the real estate must be sold.
If you have a real estate transaction that needs probate expertise, there is nothing too much for us. Call Weintraub & Wallace Realtors, with RE/MAX Gold. We can be reached at 916-233-6759.
–JaCi Wallace
New Carmichael Listing On Hillgrove Way
Here is a new Carmichael listing on Hillgrove Way, which is a classic 1956 ranch-style home. This property is located in a fabulous established area on a quaint dead-end street off of Fair Oaks Blvd. You will love that the lot sits up a hill on a large one quarter-acre lot, and the tree-lined street gives the feeling of a park-like custom area with mature trees.
The exterior has brick and vinyl siding for a timeless appeal with low maintenance. The off-street parking has room for 6 vehicles and measures 41 feet to accommodate an RV or boat. There is an additional 40 x 10 RV space behind the fence, so an 81-foot length in all.
This is a floor plan that has a space for everyone. The formal living room has a brick fireplace. Further, the room looks onto a sunroom and provides a view of the back yard. The formal dining room features a double-sided brick fireplace and opens onto a bonus room, so three living areas. Dual pane windows offer a light bright living space with views onto the gorgeous yard. This home is a gardener’s dream.
This is brand new on the market, with a newer gas furnace and an up-to-date composition roof. No doubt, this new Carmichael listing on Hillgrove Way is a gem, a very well priced property at $450,000 with approximately 1,777 square feet. A big plus, btw, is an oversized 2-car garage.
The kitchen window looks onto the front yard so you can enjoy seeing the birds frolicking in the large shade tree. If you would like to see it before this new Carmichael listing on Hillgrove Way is sold, call Weintraub & Wallace Realtors at 916-233-6759. 3930 Hillgrove Way, Carmichael, CA 95608 is offered exclusively by Weintraub & Wallace Realtors with RE/MAX Gold.
— JaCi Wallace
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