Professional Documents
Culture Documents
Investment News
NETWORKING : EDUCATION : COMMUNITY March 2011
March 8th Monthly Meeting
Page 2 MAREInet.com
Contents
MAREI News
In This Issue
March Meeting 2
MAREI Staff 5
Notes from Director 6
Member Pics 7
Do I have to lease to this Jerk? 8
Lead Paint Laws: Do they Apply to me? 10
Why are KCRAR Contracts so Long? 12
Professional Housing Provider 14
Economic Update 16
Squeeze Your Membership 18
Live Workshops 20
Calendar 22
Investment Opportunities 24
Lead Paint Laws 26
Legal Disclaimer
MAREI does not exist to render and does not give legal, tax, economic or investment advice and
disclaims all liability for the action or inaction taken or not as a result of communications from or to
its members, officers, directors, employees and contractors. Each individual should consult his/her
own counsel, accountant and other advisors as to legal, tax, economic, investment and related
matters concerning real estate and other investments.
Content Disclaimer
The views and opinions expressed by authors of articles contributed to this newsletter do not neces-
sarily reflect those of the association, the board of directors or the staff.
A 10% discount is given on ads pre-paid for 6-12 months. Any changes to a pre-paid
ad will incur a minimum charge of $20. The deadline to submit ad copy is the 1st of
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lage, KS 66208 or request an online payment for to use credit or debit card.
Page 4 MAREInet.com
MAREI
Staff
Page 6 MAREInet.com
Get Involved
We are looking for a volunteer to help us with
taking photographs at the monthly meetings. If
you have a digital camera and can attend the
monthly meetings regularly, this would be a
great way to get to know the members.
Volunteers receive discounts on Membership
and or Outside Training Events.
Do I have to lease to
This
As an attorney, I represent property manage-
ment companies and provide legal advice to Me: No.
apartment managers. Periodically, I have a Manager: I don't? Isn't that discrimination?
conversation with a client that goes something Don't I have to treat everyone the same?
like this:
Me: Not necessarily. As long as your reason
Manager: This guy came in this week and ap- for not leasing to this person has nothing to do
plied for an apartment. He is really obnoxious with this person's race, color, religion, national
and I get "bad vibes" from him. Do I have to origin, sex, familial status or handicap, (the
lease to him? "protected classes" under the Fair Housing
Me: Why does he give you "bad vibes"? Acts), you don't have to lease to them.
Manager: He has called every two hours to Manager: If he is in the "protected class" don't
see if his application has been approved. I have to lease to him anyway?
Then, he puts me on hold every time he gets Me: No. You do not have to rent to him just
another call on his call waiting. He yelled at because he is in the "protected class". Your
me when I told him that we would not be able decision to deny the application is not based
to process his application without a copy of his on this applicant's race, color, religion, na-
driver's license. He has asked to see the tional origin, sex, familial status or handicap.
same two apartments every day for the last You may deny the application for another rea-
week. He told my assistant manager that our son. For example, the applicant could be in
staff was incompetent because we could not the "protected class", but if he refuses to fill
tell him how many cubic inches the refrigerator out the application completely, you could re-
freezers have. He wants to see the resumes fuse to lease to him based on that reason. It's
of the maintenance staff. He made one of my all right as long as you would have rejected
leasing agents cry. This guy is obnoxious and someone in the non-protected class for the
rude. same reason. However, you might want to
Me: Did he complete his application? document in your file the reason you rejected
someone because you may have to defend
Manager: Yes. Good credit, no criminal his- the decision in the future.
tory, sufficient income. I verified the informa-
tion on the application. He is qualified to be a Manager: You mean we can have a "No Jerks"
tenant here. policy?
Me: Do you have a written policy that outlines Me: Yes. Just as you may have a policy that
your admission criteria? rejects applicants who have a criminal record,
who do not have sufficient income, who have
Manager: Yes, and he meets all of the criteria, bad hygiene or who have bad credit history.
but I can't imagine dealing with this guy for the The legal test is whether your decision is be-
next year. Do I have to lease to him? cause of the applicant's race, color, religion,
Page 8 MAREInet.com
national origin, sex, familial the "protected class" illegally. lease. As long as decision to
status or handicap. If your deci- The problem with a "No Jerk's" deny the lease renewal is not be-
sion is for some other reason, policy is that it may be viewed by cause of this tenant's race, color,
you are not violating the law. a jury as a pretext for discrimina- religion, national origin, sex, fa-
Manager: What do I tell him tion. In other words, a jury might milial status or handicap, you do
about why I'm denying his appli- think that your rejection of some- not have to re-new their lease.
cation? Don't I have to give him a one based on their offensive be- Like lease applications, you do
reason why we will not lease to havior is just an excuse that you not have to tell the tenant why
him? are using to discriminate against you did not renew their lease.
them for some unlawful reason Another factor comes into play in
Me: No. As long as the reason is such as their race, color, religion,
not based on his credit report lease renewals. You may not re-
national origin, sex, familial fuse to renew a lease in retalia-
you do not have to give a reason. status or handicap.
I do recommend that you confirm tion for a tenant exercising his
all disapproved applications with You should have a written policy rights. Here, you must make the
a polite letter confirming their dis- that outlines your admission cri- distinction between a tenant who
approval but it is not required. In teria for tenants. You may want is rude and obnoxious in making
this situation, you do not have to to modify the written policy to in- legitimate demands and assert-
state the reason for the disap- clude a category for ing their legal rights and the ten-
proval in the letter if you send "Management Discretion". Your ant that is just rude and obnox-
one. file should have some documen- ious without merit. If a tenant has
tation that the basis for your de- been obnoxious and pushy but in
Managers are often surprised to nial was in accordance with your the context of asserting their le-
hear that they do not have to policy. If someone otherwise gal rights such as requesting re-
lease to people who otherwise meets your admission criteria but pairs, you should probably renew
qualify to be tenants. The mis- you are not comfortable leasing their lease. Otherwise, a jury
conception is that they have to to them, you may use the Man- could easily infer a motive of re-
treat everyone the same. While agement Discretion category as taliation. You would have a diffi-
is it a good idea to be consistent the basis for rejecting the appli- cult time proving that the reason
in your treatment of all tenants cation. In addition, include notes for not renewing the lease was
and prospective tenants, you do of the specific conduct that you based solely on the tenant's con-
not have to treat everyone the found to be offensive as well as duct and was unrelated to their
same. the basis for your decision. exercising their legal rights.
However, if you deny an appli- If you reject an applicant based Life is too short to have to put up
cant just because you don't like on the applicant's obnoxious be- with certain people as tenants.
them, you run a greater risk of a havior, be sure that their behav- As long as your reason for not
discrimination claim if they are in ior is not due to a mental disabil- leasing to a person has nothing
the protected class. For example, ity. The applicant may be in the to do with their race, color, relig-
say you deny the application of a "protected class" and you may be ion, national origin, sex, familial
Hispanic female who is in a inadvertently denying their appli- status or handicap, you don't
wheelchair and has three minor cation based on a mental disabil- have to.
children because she is obnox- ity, which is reason for their unac-
ious and rude to you and your Charles Brown is an attorney
ceptable behavior.
staff. A jury could more easily in- who invests in real estate in the
fer that your denial was based on The same question arises in Austin, Texas area. He is Board
some other reason (i.e. her dis- lease renewals. Sometimes you
Certified in Residential and Com-
ability, her race, her familial lease to people who make life
difficult for themselves and eve- mercial Real Estate Law by the
status) than the fact that you did
ryone around them and you wish Texas Board of Legal Specializa-
not like her behavior.
you had never leased to them. tion. He can be reached at 512-
Be consistent in enforcing the While their behavior may not 476-8942.
policies, otherwise, it may be warrant an eviction, you may de-
hard to prove that you did not cide to refuse to renew their
discriminate against someone in
Page 10 MAREInet.com
and only use trained and certified workers to do the work. If you are a landlord doing your
own work, see the list of documentation required to be kept listed on page 11. If the landlord
hires a contractor to do the work, the landlord does not need to be certified, but the contractor
doing the work does. If a contractor does the work, the landlord is responsible to obtain from
the contractor and store all documentation required under the rule. For violations of the RRP
rules landlords can be fined up to $37,500 per day, per violation.
***Keep in mind that the RRP fines will be in addition to any fines related to disclo-
sure rules.
Depending on the work performed, who sold it and who did the work, some or all of
the following may be required:
Page 12 MAREInet.com
written agreements that if x before 1978. as well as the forms that
happens, then y will follow. come into play when we are
Seller’s Disclosure: Asks
They are usually written in writing contracts on homes
the seller a bunch of ques-
order to allow a buyer time that are potential short
tions about their property
to perform the proper due sales. Offered 03/23/2011
to make sure they disclose
diligence: that the property all material facts about the Part 3 will take a look at
is in the condition we think property to the potential additional forms and con-
it is, that it adheres to the buyer. tracts we will utilize in the
use we want to put it to, course of our investment
and that the buyer can in- There are several other
career: Options, Owner Fi-
deed get the proposed fi- forms that we may find that
nancing, Subject to,
nancing and that the prop- deal with contingencies we
Leases, Lease Options, and
erty will qualify for the fi- are seeing more often these
Developing your own Con-
nancing. Most often we see days such as testing of air
tracts.
the contingency that the conditioning in cold
home will pass several in- weather, testing for Radon While we will start in Part 1
spections before the buyer and the negotiation of a with forms and contracts
finally agrees to buy, if they short sale. from KCRAR, by Part 3 we
don’t, the buyer can back will be reviewing contracts.
We are going to look at the
out or renegotiate. main contracts in depth in This class will be taught by
Financing: Another form this workshop and then the 10 year Realtor Kim Tucker
that takes up 3 or 4 pages odd forms that we see on with Realty Resource who
that has a bunch of contin- occasion. has also been investing in
gencies that outlines in Kansas City for the same
This workshop is part of a 3
specific the terms of financ- time period.
part series.
ing that need to be and Realtors note that Kim re-
when the due diligence Part 2 takes a look at the
cently completed a state of
must be completed on the forms and contracts used in
Missouri Real Estate Audit,
part of the financing. addition to or instead of
so we will be covering the
KCRAR contracts when we
Lead Based Paint Disclo- proper way to fill out these
are buying Bank Owned
sure: An EPA mandated forms.
Homes and HUD Properties
form on all properties built
PHP work
It is the responsibility of the individual candi-
date to keep track of his/her own attendance
certificates.
Page 14 MAREInet.com
MAREI to certify that you
have completed the required accurate
courses.
How Will I Obtain Credits?
The hours may be obtained Accurate Closings:
through local association meet- Smooth, Timely, Professional.
ings and seminars, or through
Title Services Provided for:
accredited courses taught out-
FSBO, Wholesale, & REO Transactions
side of the local association. All
New Construction Closings
outside courses and seminars
Commercial Purchases and Refinance
must meet the following re-
All Types of Loan Closings
quirements: they must be
taught live; they must be pre- MAREI 1031 Exchanges
FHA, VA, USDA, Conventional Loans,
Internships
approved by the PHP commit-
tee, and they must provide a and Hard Money Loan Closings
Refinance & Reverse Mortgages
certificate of attendance accept- Managing Doc Prep, Prelim HUDS, Curing Issues
able to the PHP Committee.
Attendance
Websites Short Sale Closing & Assistance
100 Years of Combined Service!
In order to receive credit for any Booking
meeting, the candidate must be Events www.AccurateTitleCo.com
in attendance for at least 90% 913-338-0100 phone
of the meeting. NO credit will be Selling
given for partial attendance. All Advertising
candidates must have their at- PRIVATE LENDER
tendance form stamped or ini- Graphic
tialed at the beginning of the Design Locally Owned & Operated
event and at the end of the Private Money Lender
event. Email
We are a Direct Lender,
Sometimes there are a number info@MAREInet.com not a Broker
of investors who typically stand
outside chatting for the majority Rehab Loans up to 100% of Costs
of the lecture. This does not Up to 65% of the ARV
count as attendance at the Terms from 30 Days to 1 Year
meeting. Remember this certifi-
Rates from 12 to 16% Interest
cation reflects a high level of
Points from 6 to 10
education among the gradu-
Appraisals Required
ates.
Draw Requests on Wed.
Find out more and
download the Course of RockStarInvestor.com
Study and Master Record Jeff Basler
Sheet on the MAREI web-
site. Look under Education.
913-221-9080
www.KCRAR.com
Economic
Update
January 2011 Housing Statistics time when there were 1,841new homes on the mar-
Average Sales Price: The average new home price ket. Existing inventory this month of 13,558 is also
this month ($328,459) is 3% higher than the same 1% lower compared to 13,713 one month ago. The
month last year ($318,686). There were price in- existing inventory this month is 7% higher than it
creases in three counties. The average existing home was a year ago when the existing inventory was
price this month ($129,560) is 6% lower than one 12,620. New & existing inventory combined of
year ago ($137,738).Three counties (Jackson, 15,065 this month compared to 15,238 last month
Leavenworth and Miami) experienced increases in represents a 1% decrease in the past month. One
average sales price for existing homes from the same year ago the inventory was 14,461 which represents
month last year. The average price for combined new a 4% increase in total inventory over the past year.
and existing homes in the region this month was Kansas City Region Supply of Homes on the
$143,626, which was 9% lower than the average Market The Supply calculation is determined by tak-
sales price of $157,833 for combined sales prices in ing the “Inventory” and dividing it by the “12 month
January 2010. Jackson, Miami and Platte counties average of the number of Sales.” Generally speak-
each experienced increases in the average sales ing, a 5-6 month supply of homes on the market
price for new & existing combined from the same equates to a “balanced” market. When the supply
month last year. exceeds 6 months, the market begins to favor buy-
Home Sales: New home sales this month of 91 ers, and when the supply is less than 5 months the
represents a 13 % decrease from one year ago when market tends to favor sellers. Supply for combined
there were 104 new home sales in January. New new and existing homes was 7.9 months of supply in
home sales decreased this month by 28% from the January which is slightly lower than December’s 8
past month when there were 126 new home sales. months of supply. The existing home supply was 7.7
However, the good news is that existing home sales months for January which reflects little change from
in January increased 6% from one year ago when 7.8 months for December; the fourth month in a row
there were 1,075 sales, but were down 28% from last for decreases in supply of existing homes. The new
month’s sales of 1,588 compared to this month’s homes supply in January 2011 was 9.5 months,
sales of 1,140. Combined home sales of existing and hardly moving from December’s total of 9.6 months.
new homes were 1,231 for January, which is also New home supply has continued to remain relatively
down 28% from the total of 1,714 sales from a month constant since January 2010; hovering around the 8
ago. This month’s combined total sales were 4% from ½ - 9 ½ month supply for the past year. There is a
one year ago when there were 1,180 sales. slight buyer’s edge present in the new home market,
the existing home and combined markets.
Inventory: New home inventory this month of 1,508
is down 1% compared to 1,525 new homes on the See charts online at www.KCRAR.com, look under
resources.
market last month. The new home inventory for the
region is 18% lower than it was a year ago at this
Page 16 MAREInet.com
$8,000 Discount
Month of March
“Flexible rehab options
and purchase financing for
WHAT IS NSP? qualified investors!
Ann Wilkinson
Vice President
In response to the recent foreclosure crisis, the Mortgage Loan Production
federal government is providing Kansas City with 12501 Antioch Rd
$7.3 million through the Neighborhood Stabi- Overland Park, KS 66213
Ph: (913) 402-1500
lization Program (NSP) to purchase and rehab Fax: (913) 402-0673
vacant, foreclosed homes in the urban core and AnnW@ArgentineFed.com
www.ArgentineFed.com
TE-TEE LIGHT
ELECTRICAL SERVICES
Keeping you “In-Powered” with
The governments in the Kansas City region are cur- Superior Electrical Service!
rently conducting a study to identify barriers to hous-
ing choice, including discriminatory activities, in the FREE Estimates
metropolitan area. The study will investigate many FREE Consultations on Non-Emergency
different types of impediments to housing choice, 24-hour Same Day Emergency Service
such as lack of affordable housing, zoning impedi-
ments, etc., and develop a plan for the region to ad- Licensed, Insured, Bonded
dress the identified barriers. Serving Kansas & Missouri
In order for this study to be successful, they need in-
put from those involved in any aspect of the housing George Z. Bai, Sr. - Owner
industry. BBC Research and Consulting, the firm con- Office (816) 356-1870
tracted with to conduct the study, will hold four com-
munity meetings on Thursday, March 10 at four sites Cell (816) 210-4710
in the area (see calendar for details). You are invited TeTeeLight@gmail.com
to attend any one of these meetings. If you're unable
to attend a meeting, you can still fill out the survey.
See Calendar of Events.
Page 18 MAREInet.com
For Investors By Investors More Information . . .
In this market, you want an agent on your More Confidence
side that has the knowledge, the ability,
the EXPERIENCE,
and the resources to help you!
More Profits
Tenant Screening
Pre Employment Screening
Contractor Screening
Collection Services
Realty Resource
On Demand Training
30 Minute Segments
Top Investor Trainers Do the math.
Your vacancy is costing you every day.
From the Comfort of Fill your vacancy faster and save money
with Rentals.com!
Your own Internet Connection
Get Started Today Discounts for MAREI Members:
Receive 20% off all Regular
www.MAREIU.com Priced Advertising. Log into
Member’s Area, click on Member
Take a FREE Trial Discounts and look for MAREI’s
With Andy Heller Discount code!
Saturday
March 11,2011
3:00 pm to 4:30 pm
Location:
Page 20 MAREInet.com
EVENTS
Avoid Fines! Avoid Date & Time:
Saturday
Prison! Get Certified! April 9th, 2011
Now is the time to become an EPA-certified reno- Location:
Page 22 MAREInet.com
Monthly
Meeting
Sylvester Powell Jr
Community Center
6200 Martway, Mission KS
913-722-8200
If guests join with in two days of 7:00 Haves & Wants (Bring
the meeting, their guest fee will be your Deals) Bob Wise
applied to the membership fee with
7:30 Presentation – Eviction Attorney
proof of payment.
Fair Housing www.BobWiseLaw.com
9:00 New Member MO
Registration
Location
PHP Certification Julie Anderson
6200 Martway
Mission, KS 66210
Eviction Attorney
www.JulieAndersonLaw.com
Wholesale 3806 Wayne Ave Kansas City, MO $8,500 3/1 Christoph Becker 816-419-1165
Listing 9220 Oakland Kansas City, MO $45,000 3/1 Kim Tucker 816-523-4400
Wholesale 405 W Dartmouth Kansas City, MO $180,000 obo 5 / 3 Joe Reece 816-507-4203
Turn Key 4030 Vineyard Rd Kansas City, MO $55,000 4/2 Laura Johnson 732-670-4940
Wholesale 4123 Virginia Av Kansas City, MO $7,500 3/1 Christoph Becker 816-419-1165
Wholesale 4322 Lister Ave Kansas City, MO $16,500 obo 3/1 Christoph Becker 816-419-1165
Listing 10 Turn Key Kansas City, MO $344,000 Varies Eric Deeter 913-579-3354
Wholesale 3800 Chestnut Kansas City, MO $33,000 4 / 1.5 Makeba Hart 816-665-0491
Wholesale 4737 Norton Cir Kansas City, MO $24,500 3/1 Christoph Becker 816-419-1165
Wholesale 4522 Forest Ave Kansas City, MO $13,750 3/1 Christoph Becker 816-419-1165
Wholesale 4501 Cypress Ave Kansas City, MO $6,500 2/1 Christoph Becker 816-419-1165
Wholesale 2500 E 69th St Kansas City, MO $8,500 3/1 Christoph Becker 816-419-1165
Wholesale 9517 Newton Kansas City, MO $59,900 3/1 David Ono 816-399-4994
Page 24 MAREInet.com
Wholesalers, submit your properties at:
kcmoHomeBuyer.com
Page 26 MAREInet.com
ask them if it is the beige or the or smart phone, search for it on and movies and virtual tours all
brown house and blow their Google Gadgets. for free and then use them to
mind. market on all the Social Media
Every once in a while, take a
Sites. You can also upload to
Oh yes, don’t forget if you want look at Google Labs and see
YouTube. Likewise you can
to find just about anything what they are testing out. To-
create and do basic video edit-
search for it on Google . Have day I see they have
ing for video email, virtual tours,
a property owner you need to App Investor for Android to al- and quick PR bits. All free, all
find? How about some strange low you to create your own mo- online, and accessible from
phone number that keeps com- bile applications. This sounds anywhere you can get the inter-
ing up on your caller id? Need really cool. net.
to check out a Guru Speaker?
Use the original Google Search And rather than wasting com-
Tool Bar and 9 times out of 10 puter file space consider creat-
you will find the answer. ing online photo albums and
sharing them through Google
Need a tool for your computer Picasa. You can create albums
INVESTOR BUSINESS
MEMBERSHIP MEMBERSHIP
See the Membership Benefits tab under Membership See the Business Benefits tab under Membership on
on our web site at www.MAREInet.com for more our website at www.MAREInet.com for more info or
info and look for our orientation webinar on the call the office at 913-815-0111 .
calendar of events.