I Am Not A Happy Ruidoso Landowner!!! (how much, attorney)
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He had State Farm insurance. So it isn't NM law (or at least it wasn't 2 years ago)... but it might be how your policy is written.
Well, as I implied, I was told it is state law by the USAA insurance company representative I was speaking to on the phone at the time. My policy mentions nothing about rebuilding on the same lot. I guess I'll worry about it if and when my house burns down.
For 6% of the selling price off the top ($12k on a typical $200k house), that is a lot of money for very little. I think the only reason why realtors are still involved in the great majority of transactions is because buyers falsely believe that they provide security, and also falsely believe that the service is free... since they don't pay for it directly. So if you sell a home yourself you are handicapped because the buyers go to a realtor and the realtors ignore your home.
The other weird thing from the buyer's perspective is that "your" realtor really has a disincentive to look out for your interests. They want you to buy something... the sooner the better. So they are unlikely to mention the negative aspects of a place even if they are aware of them, so long as you are interested and want to buy. Rather they are likely to try to pressure you into buying their own listing (where they get all the commission) or a listing by one of their associates.
Of course there are excellent realtors out there who are not so focused on the $$$, but IME they aren't the norm.
Realtors are much like doctors. There are a few good ones and lots of bad ones. But they know the law regarding transactions and "Joe Average Guy" does not. Most people don't have the smarts or the incentive to study real estate law and become familiar with statutes prior to buying or selling a house, so a Realtor is handy to have.
Shortly after I started this thread, I contacted a company in Ruidoso to thin the trees on our land. The wife and I were going on vacation the next week, so I wanted to get it done while we were gone, just to keep the Forestry Service happy. After I returned, I got a call from the thinning company saying that it had been raining too much to get on the land, so it was delayed about a week. I got a call from him today (10/1) saying the wood was at the curb and would be hauled off tomorrow, complete with a couple of pics.....which was startling because there are 75% of the trees missing.....but anyway......I got home from work today to find a nice little Criminal Summons from the Ruidoso Municipal Court. I called and they said the summons came from.....drum roll please.....the Forestry Service. I read the Ruidoso Municipal Codes and did NOT see anywhere in there about their right to issue a CRIMINAL SUMMONS. What it DID say was that they had the right to hire someone themselves to thin the trees and then put a lien on the property. Anyway, I called the Ruidoso Municipal Court and expressed my unhappiness.
I will call the wonderful Forestry Service tomorrow and tell them to go check out the property which I was going to do anyway, now that the work is done. I may also tell them to shove a Ponderosa Pine where the sun don't shine.
I'm just about done with this dream about retiring in Ruidoso.......too uptight, too many ordinances, too much fire potential.
I read the Ruidoso Municipal Codes and did NOT see anywhere in there about their right to issue a CRIMINAL SUMMONS.
I have no idea why they would use that term for what is going on. You're situation is the first I've heard of it and I live here full time and pride myself on keeping up to date on what's what in village government. I'd be interested to know what the municipal court had to say on the matter??
One thing to keep in mind is that Ruidoso municipal court is befitting of a small tourist village that pays minimal wages to ALL its employees. Therefore, as such things go, they get what they pay for! I suspect a letter from a lawyer would have them back pedaling in a heartbeat.
Yep, got a Case Number and everything.....upper right says "Village of Ruidoso vs. MY NAME HERE
CRIMINAL SUMMONS
You are hereby notified that a Complaint, a copy of which is attached hereto, has been filed in this Court charging that you have committed the offense of: Property Nuisance
You are hereby ordered to appear before the undersigned on October 20, 1014 at 10:30 AM, at 421 Wingfield in the County of Lincoln, Village of Ruidoso, State of New Mexico, to plead to the above charge(s).
If you fail to appear at the time and place specified, a warrant will be issued for your arrest. Service of this summons shall be by mail.....
Judge Beverly A. Rankin, Municipal Court Judge
Nice, huh?
Wonder what they do for speeding, 15-20 hard labor?
You are hereby ordered to appear before the undersigned on October 20, 1014 at 10:30 AM
Ummm...is that date a typo on your part? If it's actually on the summons, perhaps they are leaving themselves a way out in the event you challenge their authority.
Oops.....typo there......although apropos.........this is Dark Ages thinking........
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