Did you get an agency disclosure when you went to an open house?

Marcie – Reading all about agency in real estate

This is a kind of public service message I write each spring about agency in Minnesota.

Here are some basics:  If you list your house with a real estate agent and that agent brings in an offer from a buyer that she is representing you now have dual agency which means that the agent cannot represent the buyer or the seller but instead becomes a facilitator. The agent facilitates the sale and can not do anything to the advantage of one party and the detriment of another.

What most home sellers and buyers do not understand is what a broker is. All real estate agents work under a broker. If the listing agent and the buyers agent both work for the same broker that is dual agency.

There are a couple of large real estate companies in the area that have one broker for a few thousand agents.  When they list your home they will tell you all about the networking and how they will market your home to other agents. What they don’t tell you is that if one of those agents brings in a buyer those agents go from being able to advocate for their clients to being facilitators.

Homebuyers need to be aware when they go into an open house or new construction the nice agent who is showing them around is representing the seller and anything they say can be to their detriment later on. Buyers should choose an agent to work with who will work for them as an advocate and not just a facilitator.

Real estate is locally regulated and the law may be different in your state.

Related articles about dual agency Agency and dual agencyAgency in real estateAgency and the open houseAgency? What is agency?What consumers should know about agency

Happy Tax Day

According to the IRS: Individual taxpayers spent a total of 897 million hours in FY 2022 just on record-keeping. This is in addition to the 1.15 billion hours spent on tax preparation of individual returns. Business entities spent about 1.14 billion hours and $48.3 billion on tax preparation in FY 2022.

Tax season causes stress all year long. I’ll never forget how when my dad was 90 years old and in hospice care he told me to be sure and file his income tax return. He seemed very concerned.

The truth is that every penny of his income was reported to the IRS and he should not have had to have a tax return prepared at all.

As a business owner I pay $$$$ to have my taxes prepared. I can do them myself but found it too stressful and time consuming.

I especially remember warm sunny April weekends where I had to stay inside and work on my taxes.

I have to keep a lot of records but these days most of my record keeping is automated and I keep records as I go. It takes me about 3 hours to gather my information for the tax preparer. I mostly understand my taxes which helps me make decisions about business expenses.

I do my best to not over pay when I pay quarterly taxes because I don’t want to rely on the IRS to send me a refund. If I am due a refund I roll it over to pay first quarter taxes which are also due on April 15th.

Happy Tax Day!

Got Lead Based Paint?

I write some version of this every year. Our housing stock in St. Paul is old. Some folks consider houses built in the 1950’s old, but in St. Paul they are newish. 43% of the houses in St. Paul were built before 1939.

Any house that was built before 1978 could have lead-based paint in it. Since about 80% of the houses in St. Paul were built before 1978 it is safe to assume unless proven otherwise most St. Paul houses have lead-based paint in them.

Lead is harmful to human beings, especially to children and Federal law requires that persons buying or renting a home that was built before 1978 receive a disclosure that states that the home could have lead-based paint in it. Homebuyers can have the paint tested for lead but they almost never do.

Buyers are given a pamphlet about how to protect their families from lead-based paint. 

Washing hands and covering chipped or peeling paint is recommended. Having paint tested before removing it is also recommended.

One of my clients had a child who had an elevated level of lead in his system. Lead was found in the finish on an old built-in buffet in a home built in the late 1930s.

We are in a strong seller’s market and In multiple offer situations, sellers are likely to reject the offer in which the buyer plans to have the paint tested for lead.

Unless the homeowner has test results that prove there is no lead-based paint in the home or the home was built after 1978 please assume that there is lead-based paint and take appropriate precautions.

Epa lead-based paint
From the EPA

Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly

FACT: Lead exposure can harm young children and babies even before they are born.

FACT: Even children that seem healthy can have high levels of lead in their bodies.

FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips with lead in them.

FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard.

FACT: Removing lead-based paint improperly can increase the danger to your family.

Also, consider that if the exterior of a home is or was wood and it has been scraped and painted there could be lead in the soil, and before unleaded gasoline became the norm there was lead in our gas tanks too and some of it ended up in the air and sold. There is more but I think this is enough for now.

Information about lead-based paint testing

Also, get healthy home information from the Minnesota Department of Health. 

Yes it snowed!

straw bale in snow
Hay bale

Yes it snowed and now it is cold but we really needed it. It was a wet heavy snow that will add water to the Mississippi river which is running low. The farmer’s need it so that there crops can grow. Most if not all of the state of Minnesota is in some stage of drought.

Snow is a good thing and this time of year it won’t be around long. A few inches of it have already been absorbed. It is going to be a beautiful spring.

 

Lock your bike twice

Bike trail
Bike trail – Pickeral lake – late summer 2018

I just got my bike back from Lowertown Bike Shop. It needed a tune-up but more importantly it needed a new chain. We have already had a few days that have been warm enough for biking and are likely to get a few more. I am not into winter biking; I bike when temperatures hit 45 degrees or better.

Bikes are a high theft item. They disappear quickly and we never see them again.

The best practice for securing your bike is to lock it in a garage or shed or enclosed area and also lock the the bike. Mine is locked in a shed and I use a U lock to lock it to a beam. I have had the same bike for six years and would like to hang onto it for a few more years. St. Paul is a wonderful place to bike with plenty of trails.

Sure, I have the serial number and could file a police report if the bike is stolen but that isn’t the same as getting the bike back.

Please keep your bike locked up when not in use. Keep it locked up and behind locked doors and if possible, away from any windows and out of sight.

Taxes could be easier

Iris

Yes, the taxes are done. I remember when my dad was 90 years old and one of his last requests was about his income tax return. He reminded me that it needed to be prepared and filed. Few things in life cause as much stress as income tax compliance. There may be a penalty if the filing deadline isn’t met and there are underpayment penalties too.

Most American workers have taxes withheld from every paycheck. The IRS knows exactly how much W2 workers make.

According to the National Tax Payers Union taxpayers spend $104 billion a year on out-of-pocket expenses associated with preparing and submitting tax forms. Some entail basic costs such as making copies of financial statements, receipts, or forms.

The Office of Information and Regulatory Affairs (OIRA), found that complying with the tax code in 2022 consumed 6.55 billion hours for recordkeeping, learning about the law, filling out the required forms and schedules, and submitting information to the IRS.

For those of us who are self-employed, record-keeping is a daily part of running a business. It isn’t just for determining profit and loss it is all about having everything we need at tax time. Income tax compliance costs time and money, time that could be spent making more money.

Taxes are not withheld from any of my revenue. I have to calculate how much I owe and make payments. If I estimate too high and pay too much, it is best to apply what could be a refund to the next year’s taxes. If I pay too little I have to write big checks. I know plenty of people who are interested in self-employment but believe that their taxes would go up or that taxes make self-employment too risky.

I keep records as I go and almost everything is automated it takes me about three hours to gather all of the information I need to file an income tax return. I used to have to spend entire weekends working on income tax returns. Usually, warm sunny spring weekends when the birds are singing and the flowers are blooming.

Once I have all of the forms and documentation put together I pay a professional to do my taxes. Yes, I can do them myself but hiring a pro takes some of the stress out of the process. I learn something new each tax season and that helps me make better choices throughout the year. I actually mostly understand my taxes.

As for using tax preparation software, no thanks. I have used it in the past. I would call it a “bad experience” all the way around.

Supposedly the IRS is understaffed but they always have the time and the staff to find small errors in the tax returns that come from small businesses. I am not going to argue over a few dollars even if I don’t owe it.

When I am on my deathbed bed I am not going to worry about taxes. If I die owing taxes I am OK with that.

Cost of tax compliace table
From the National Taxpayers Union Foundation https://www.ntu.org

In some countries, taxes are paid online using a simple free form. In the U.S. taxes are a multi-billion dollar industry that isn’t going away anytime soon. Neither are the  74,608 pages of U.S.tax code or the 79,000 IRS employees.