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Law and Mortar: Real Estate Stories from the Trenches -- Truth or Dare

This morning I have been ruminating on the white lies we tell every day, and what they really mean… for example:

“I’m 5 minutes away.” = “I haven’t left yet.”

“I really enjoyed our date tonight. I’ll call you.” = “I would rather take a bath in a tub full of razor blades than go on another date with you."

“My Phone Died.” = “I was screening your call.”

“I have homework.” = “I have other things I would rather be doing than whatever it is you are suggesting we

do.” 

“It’s not you, it’s me.” = “It’s you.”“We’re just friends.” = “We’re just friends that make-out sometimes. And I fantasize about having children with him/her. And he/she might be in a backup position if this relationshipdoesn’t work out.” 

“I am ____ years old.” = “I just subtracted x number of years from my actual age.” 

“I love that movie!” = “I never saw it.” 

As easy as our culture has made it to lie about everything from the real color of our hair to where we were last night, when it comes to Lawyer/Realtor/Client relations, there is no game… it should always be truth. 

Perhaps you have years of child support payments that you owe that you were hoping might slip under the radar. Maybe you sort of fudged the numbers on how much you owe on that recent judgment against you, or what was agreed in your divorce decree. The list goes on…   

Thor Roundy of EVN Law shared a story with me that demonstrates the ways telling these kinds of lies can really cost you.

“One day, one of my partners came out of his office screaming, ‘You can lie to your wife! You can lie to the police! You can even lie to your bishop! But NEVER LIE TO YOUR ATTORNEY!!!’”

 Later he came to find out that the client was negotiating a settlement on a $700,000 judgment against him. He wanted to negotiate for a $100,000 payoff—his reasoning was that there were 6 other creditors with judgments who also had liens on the building. 

“My colleague negotiated the $100,000 payoff, with the condition that the creditor receive proof of the other 6 judgments,” said Thor. “When he called the client to inform him, the client stammered and confessed that they other debts didn’t exist anymore. As a result, the creditor demanded payment of the full $700,000.” 

You pay your Lawyer, Realtor, and other professionals to represent you.  The only way they can do their job is with the facts that you provide to them.  “I can afford a million dollar home” is no substitute for “I wish I had a million dollar home!”  And “The mold problem was never that bad” is no excuse for withholding the issue from your agent.  When you hire a professional, save yourself time and money by telling the truth. 

Charming Utah: Haunted Houses... to Buy or Not to Buy?

I love the saying, "During the Day I Don't Believe in Ghosts. At Night I am a Little More Open-Minded."

People often ask me about haunted houses when they are in the market to buy a home. Most of the time, even skeptical people who don’t believe in ghosts or an afterlife are wary of living in a house that is reputed to be haunted. But there isn’t an entry on the Multiple Listing Service for that… you don’t find a search field for ‘Ghost: Malicious” or “Ghost: Friendly like Casper” or “Minor Poltergeist Issues”.

Or, if you are like one buyer I spoke with, you WANT a house with ghosts. “My ideal house would be one with character…” she said. “A historic home, one built in the late 1800’s with lots of ghosts and pioneer history.

If you believe in ghosts and suspect a house is haunted, you need to ask the Seller’s Agent. If you ask, they have a duty to tell the truth. Or, if you want to be extra safe, you can contact Connie Hillenbrand, the real-life version of the popular TV shows The Ghost Whisperer or Medium.

Recently she shared a story with me about a property that had a history of being on or very near Native American burial grounds  – what happened to her was like something out of a Ghost Hunters documentary:

The homeowner pulled out her cell phone and showed me pictures of a shadow being, orbs and one very interesting one of roses she had dried upside down, covered by red foil type material. She had a video showing that the foil would raise and lower and spin by itself!

When we brought in a paranormal investigation team, I was surprised to hear that on the EVP a voice could be heard saying very clearly, "Connie leave us alone."

Needless to say, I went up there that Saturday evening. It is my job to clear the house of negative energy and send the spirits who want to cross into the light and their loved ones on the Other Side. We accomplished just that.

Connie can be contacted at 801 953-1974. And if you are in the market for a home, with or without ghosts, you can always contact me. I promise to do my best to dig up the ghost stories, local lore, and mythology that surrounds so many of our homes here in Salt Lake.  

Law and Mortar: Real Estate Stories from the Trenches -- Property Lines

You buy a house.  You settle in.  You spend years on the front porch gazing upon beautiful sunrises, sipping on fresh lemonade.  Then one day it happens… your neighbor makes a rude comment about how the condition of your lawn is ruining everyone’s curb appeal, or the fact that you are playing your 80’s hair-band music too loud on Saturday nights.  What was once an average insult between neighbors somehow blossoms into full-on war.  Next, you are complaining that his fruit is falling into your yard and killing your grass. He says your fence is encroaching on his land.  And that’s when he filed a lawsuit against you.

Thor Roundy, of EVN Law, has been practicing Real Estate Law for over 20 years, and he has seen his share of real estate battles. One of the most common problems? Property lines and battles over them--battles that can be very costly for both parties.

He describes a situation where one of his clients had been living in a home for 16 years, using a road that his client understood was his “right-of-way” to use.  It was the only access to his house.  It took him from the main road that ended at the corner of his property, across the front yard of his 5-acre horse property, to his driveway.  Then, one day, he had a squabble with his neighbor over something trivial, and the real estate war began…

“It ended up costing both sides around $30,000 in litigation fees. It was a hard lesson for both parties to learn. In the end, the Title Company ended up paying to fix the situation on behalf of the buyer, but it was a lot of time and stress for everyone involved. And it doesn’t always turn out that well. It is so much better to watch out for that kind of issue during the Buyer Due Diligence period.”

Your real estate agent should review your title commitment with you.  It should contain a plat map that should be looked over carefully, especially when easements are involved. And if there is any doubt, you should talk to a lawyer to be sure.

If you have questions you would like Thor to address in future blogs, send them to me at Stefanie@CharmingUtahHomes.com. And to reach him for your real estate needs, you can reach him by email at Thor.Roundy@EVNLaw.com.

Charming Utah: Backyards and Boardwalks, The History of the American Deck

Back in the day, the backyard was kind of the “ugly stepsister” of the American yard. There were a few things stored there that made it less than desirable as a recreation area: for example, pigs. Trash heaps. And a perennial favorite, the outhouse!

Porches did a little bit of a musical chair dance around the house since their popularity began to peak from the early 1880’s to the 1920’s; at first they were in front. Then the side porch became as trendy. Simultaneously, storing the newest hot invention, the automobile, became an issue because people were afraid the cars might explode from the gasoline. So where did they store the cars? The poor ole’ backyard. (Now you know why there are a ton of detached garages in Sugarhouse and other historic neighborhoods.) 

But progress usually triumphs, and with the advent of indoor plumbing and gasoline safety protocols, out went the outhouses and the backyard finally found its day in the sun. They became a safe haven for housing your prized chrysanthemum gardens and badminton courts. More recently, decks have become an important part of that history.

The first American “deck” was actually considered the boardwalk. Atlantic City hosted the first deck made, out of Atlantic white cedar. You can't see it here, which is a testament to its strength considering the teeming masses that are weighing down upon it. 

Atlantic City Boardwalk

But as logging increased, woods became scarce, and woods like cedar and redwoods came at a premium. Then pine was pressure treated to try to solve the problem. Now, tropical woods are a growing source of deck wood, but since many of these exotic woods present an environmental hazard, there is a premium to procuring the woods that are “environmentally friendly” and aren’t a product of deforestation.

Utah’s weather presents its own special challenges in regards to decking… in any given year, temperatures can range from below freezing to above 100 degrees! And where landscaping is one of the most important factors in home values (heck, an entire TV show centers around “Curb Appeal”) what’s a Utahn to do?

According to Mel Berry of ANAB Construction, “It is very important that the contractor working on your deck builds it so that it is structurally able to handle the snow load.” 

Deck Constructed by Mel Berry, ANAB Construction

He recommends Redwood and Trex (the company that basically invented the composite decking material category in response to many weather and environmental concerns), and noted that while pressure-treated woods are great for Utah conditions, “...they do the job well but are more costly.”

To get a assistance for your deck or for other questions about your Deck project, Mel can be reached at: 801-455-7650

And as always, for help on selling your house or finding your next dream home with a little Storytelling magic thrown in, I can be contacted at 801-413-7992.

Charming Utah: A Guide to Buying in the Salt Lake Avenues

Basic Facts:

§         Roughly bounded by 1st (just above South Temple) and 9th Aves., State and Virginia Sts

§         Originally, streets were named for trees, and other fruits, etc. with names like "Fruit", "Garden", "Bluff", and "Wall". By 1885 the north-south streets gained their current alphabetical designations (A Street through V Street, although V was turned into Virginia Street).

Consideration for Buying a Home in the Avenues:

§         Architecture varies from Arts and Crafts, to Dutch Colonial, to Victorian; it truly is an eclectic mix of modern and historic architecture!

§         Price can range considerably: for example, the range in early 2015 was from $133/Square Foot to $1198

§         Often the alleys or driveways that lead to the back are not considered part of the property and easements/right of ways should be verified by the Buyer as part of their Due Diligence.

§         Frequently see claw-footed tubs; sometimes original, sometimes modern

§         Garages are often detached and located behind the house.

§         These homes often contain hardwood floors original to the home

§         These homes often contain charming original stained glass windows and leaded glass china hutches; however, be aware of lead hazards

§         Often contain original fireplaces

§         Many homes are on the Historic Registry and carry special responsibility; for more information visit: http://www.slcgov.com/historic-preservation/historic-preservation-rules-guidelines-resources

§         Frequently historic homes carry with them outdated appliances/electrical/plumbing which leads to higher monthly bills; however, the Avenues homes are often updated and the Listing descriptions usually emphasize these updates which makes the weeding out process easier. I advise checking each component of this aspect as part of the Due Diligence more heavily than with modern homes.

§         Perusing the local community site for a neighborhood can also be a great resource as part of the Due Diligence: http://slc-avenues.org/index.htm and https://www.facebook.com/GreaterAvenues

Charming Utah: Treasure Hunters of the Utah Real Estate Market

I remember reading an article years ago about a sea expedition that was looking for an ancient Spanish treasure that had yet to be found. The company had gone public, and people were buying shares. It made me realize that there is a certain mystique in investing in a company… we certainly feel like we are part owners, and therefore, we have a small piece of the action. When we invest in Disney, perhaps we feel a little bit of pixie dust swirling around us. When we invest in the Dallas Cowboys, perhaps we feel the rush of that touchdown we never quite made in high school football. Personally, I wish I could invest in Antiques Roadshow but I don’t think they are publically traded…

 

I guess what I am trying to say is that inside of us, I think we are all looking for a little bit of magic. And when we are hunting for our dream home, I hope, that the Indiana Jones… the African Queen… the Dora the Explorer in all of us comes leaping forth as we prowl the listings on Zillow or Yahoo. After all, for most of us, our home will be the greatest tangible treasure we will ever own. And it is quite an adventure out there in the real estate jungle.

So, for those of us who still believe in treasure and are crazy enough to think home searches COULD be as fun as a treasure hunt, here is an homage to some of the world’s greatest and most mysterious treasures yet to be found:

• Forresst Fenn Hidden Treasure - -Like Einstein and his compass, Fenn was given an arrowhead when he was a child and it spurred a lifelong fascination with purveying artifacts from around the world. In the 1980’s he was diagnosed with cancer… but he didn’t leave his property in a will. No, like a true treasure hunter, he left clues for those willing to chase them. Yes, good ole Fenn wanted to make us work for the treasure, just like any swashbuckling pirate worth his/her salt. The reward? An estimated $1-3 million dollars in gold, jewelry, and other priceless objects. Almost enough to make me quit my day job.

• Mosby’s Treasure – This confederate soldier hauled a burlap sack full of an estimated $350,000 worth of goods along a route that parallels US 211… until he ran into some Union soldiers. Well he wasn’t going to give up his burlap sack so he buried it somewhere. Strangely, he never went back to get it. Here’s your clue: it is between two pine trees. Happy hunting… Yes? Yes! Yes.
• Butch Cassidy – Awwe, a personal favorite since it lies so close to home. Rumor has it Butch and his Wild Bunch hid $20,000 somewhere in Irish Canyon.
• My Crazy Great Uncle’s Stash in Victorville – I once had a crazy Uncle who lived in a trailer in Victorville. He had a big, BIG dog that terrified me every time I went to pay a visit. Anyway, before he died he allegedly stashed all of his gold and cash in tin coffee cans around the property. I have no idea where this is, but I guess my other Uncles probably know so if anyone wants to join me for a “routine souvenir hunt” grab a shovel and let’s go.

Well, that’s all for now folks. As you set out on your home search, I hope these stories inspire the treasure hunter in all of you.