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Old 03-27-2011, 05:45 PM
 
11,113 posts, read 19,432,213 times
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Quote:
Originally Posted by Cofga View Post
Chic--well I was out with one last week who said basically what I posted every time we asked him a question about the place--ask the inspector! Also, a friend of mine recently found out that the realtor they had worked with at first and then the one that replaced her both had expired licenses, and this from one of the big 3 in town! What I have found is there is a big difference between what they are supposed to do and what they actually do. As usual it is let the buyer beware
Wow, that is incredible. All NC licenses expire on June 30th of each year. They must have not made a sale since last June or whenever because every purchase and sale contract has to have the agent's license number right on it ! Even more amazing is that they haven;t LOST their licenses for working w/o one. Totally amazing. You have run across a few dunderheads, that is for sure. I am sorry you have had those experiences, it certainly is not the norm. None that I know or have worked with have any of those "issues". You and/or your friend need to take that up with their brokers in charge of the office, that is simply illegal, and the NC Real Estate Commission is very strict. Other broker/posters on here will back me up on that.
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Old 03-27-2011, 06:37 PM
 
1,174 posts, read 6,926,010 times
Reputation: 1104
Yes, NC is a Buyer Beware state. Disclosures mean very little here in comparison to other states in this country.

The key word in Quilter's description is "known" defect. They can easily claim that they don't know, they're not experts in that field (like construction codes), the seller didn't tell them, etc. - just try to prove otherwise. It'll be hard to prevail.

NC is very very very consumer unfriendly. Disclosures are minimal and as for the "no representation" part of the relatively new disclosure form, the actual choices are, Yes, No or No Representation. Yes would obviously mean that the seller knows that a defect exists and is telling you about it, No would mean that they don't know of any defect and is representing that it doesn't exist, and No Representation means that they choose , well, to make no representation. They choose not to tell. They choose to withhold anything they may know! That's where NC disclosure law fails. Property owners can know of a problem but choose to not disclose to you. They can choose to hide it!

The buyer's warning is the No Representation check in the disclusre form. If someone checks that box, a big red flag should go up. They're hiding something, unless it's truely a thrid party seller like a bank (foreclosure) or maybe an out of state person who inherited the property. Niether of those people could ever make any representation because they haven't ever lived in the house to know of anything.

As for the new "due diligence" deposit, it doesn't have to be put up. It's negotiable like anything else. It's money that's paid to the seller to give the buyer a right to inspect the house. What a biiiiig CROCK! You have to pay them to find out if they're defrauding you and, if you determine that they lied to you, you can't get the fee back. You're effectively defrauded twice! How anti-consumer can a law ever be? I could easily see some crook requiring inspection fees knowing that a big defect exists and the keeping the money when the buyers walk away . . . over and over and over again.

If you end up buying the house, the deposit is supposed to be credited back to the buyer. However, remember that if you don't complete the sale because the house doesn't appraise, you find that the seller lied, etc., the deposit is non refundable. You were cheated by the seller and the real estate industry.

Some of the industry shills support the new deposit as a way for the buyer to have "skin in the game" since the seller is effectively taking their house off the market. That's just a ruse. The buyers already have "skin" in the game since they're paying their inspector fees, often many hundreds of dollars. I can't imagine anyone under any circumstances running around making offers and paying multiple inspection fees just to walk away from them without reason and say, "hahahah, I tied up your house for two weeks, see ya' later."

Prior to this new due diligence fee, time constraints were always in the form and purchase deposits were given. Dates would be placed in there describing when all inspections must be completed. There was already a "Time is of the essence" clause saying, don't drag your feet, and dates could be inserted.

The bottom line is you cannot, at all, under any circumstances, trust any Realtor with your welfare in NC. It doesn't matter where their personal ethics lie. The laws protect them and fail the buyer. Again, NC is considered a Buyer Beware state, so be careful and be afraid - Be Very Afraid!

The best thing for you to do is to hire your own real estate attorney to protect your interests - not one of those stupid transactional attorneys required to complete a NC escrow. All they do is push paper and too often they don't do that very well. For example, on my last purchase they had me paying for part of the seller's taxes on their boat and they hadn't discovered a lien on the property. I had to tell them to either give me the boat or take the boat tax off the bill. I also had to discover the lien on my own, tell them that they weren't providing a clear title and that I wouldn't close until the lien was paid and removed by the seller. The Realtor tried to tell me not to worry about it and I could just close and take care of it later. Stuff like this happens all the time in NC . . . yeah right, not with me. I don't care about what was done with others or if it's common in this state. It's not right, it doesn't make it right, it's not going to happen to me and I'm not going to put up with a cheating seller. It's their obligation to provide a clear title, so I didn't close until it was done. Hire a real real esate attorney with litigation experience who is bound by law to represent your very own interests. That's what you need in this state.

BTW, you don't have to use those NAR forms to buy a house. Although you'll get all kinds of grief from the other side, and it might result in a failure of them to accept your contract, it's still not a requirement. What you'll find is that the shills will circle the wagons to protect their fiefdom, so it would be a hard road to go down.

Out of all of this, the bottom line is to get an attorney to represent your interests in NC, advise you, and to make the offer through the Realtor, not depending only on the Realtor. As any "ethical" Realtor will tell you when you ask a legal question, they will quickly refer you to a lawyer. They are prohibited from giving legal advice since they would be practicing law.

You do have to use a Realtor to somewhat represent your interests in the houses they've captured in their MLS system, but in spite of what one of them might say, you don't have to depend solely on them. Get someone exclusively on your side to defend you from a seller's lies and just figure it into your costs of purchase. That's what I recommend around here. Remember, Buyer Beware!!!!!!!!!!

After all of the above baloney, what do I suggest? Don't take my word for any of it. Just go get a lawyer, not a Realtor, and pay them a couple hundred dollars to tell you the truth. It'll be worth the investment and you'll be surprised - very surprised.

Last edited by garth; 03-27-2011 at 07:52 PM..
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Old 03-28-2011, 10:17 AM
 
11,113 posts, read 19,432,213 times
Reputation: 10173
Quote:
Originally Posted by garth View Post
Yes, NC is a Buyer Beware state. Disclosures mean very little here in comparison to other states in this country.

The key word in Quilter's description is "known" defect. They can easily claim that they don't know, they're not experts in that field (like construction codes), the seller didn't tell them, etc. - just try to prove otherwise. It'll be hard to prevail.

NC is very very very consumer unfriendly. Disclosures are minimal and as for the "no representation" part of the relatively new disclosure form, the actual choices are, Yes, No or No Representation. Yes would obviously mean that the seller knows that a defect exists and is telling you about it, No would mean that they don't know of any defect and is representing that it doesn't exist, and No Representation means that they choose , well, to make no representation. They choose not to tell. They choose to withhold anything they may know! That's where NC disclosure law fails. Property owners can know of a problem but choose to not disclose to you. They can choose to hide it!

The buyer's warning is the No Representation check in the disclusre form. If someone checks that box, a big red flag should go up. They're hiding something, unless it's truely a thrid party seller like a bank (foreclosure) or maybe an out of state person who inherited the property. Niether of those people could ever make any representation because they haven't ever lived in the house to know of anything.

As for the new "due diligence" deposit, it doesn't have to be put up. It's negotiable like anything else. It's money that's paid to the seller to give the buyer a right to inspect the house. What a biiiiig CROCK! You have to pay them to find out if they're defrauding you and, if you determine that they lied to you, you can't get the fee back. You're effectively defrauded twice! How anti-consumer can a law ever be? I could easily see some crook requiring inspection fees knowing that a big defect exists and the keeping the money when the buyers walk away . . . over and over and over again.

If you end up buying the house, the deposit is supposed to be credited back to the buyer. However, remember that if you don't complete the sale because the house doesn't appraise, you find that the seller lied, etc., the deposit is non refundable. You were cheated by the seller and the real estate industry.

Some of the industry shills support the new deposit as a way for the buyer to have "skin in the game" since the seller is effectively taking their house off the market. That's just a ruse. The buyers already have "skin" in the game since they're paying their inspector fees, often many hundreds of dollars. I can't imagine anyone under any circumstances running around making offers and paying multiple inspection fees just to walk away from them without reason and say, "hahahah, I tied up your house for two weeks, see ya' later."

Prior to this new due diligence fee, time constraints were always in the form and purchase deposits were given. Dates would be placed in there describing when all inspections must be completed. There was already a "Time is of the essence" clause saying, don't drag your feet, and dates could be inserted.

The bottom line is you cannot, at all, under any circumstances, trust any Realtor with your welfare in NC. It doesn't matter where their personal ethics lie. The laws protect them and fail the buyer. Again, NC is considered a Buyer Beware state, so be careful and be afraid - Be Very Afraid!

The best thing for you to do is to hire your own real estate attorney to protect your interests - not one of those stupid transactional attorneys required to complete a NC escrow. All they do is push paper and too often they don't do that very well. For example, on my last purchase they had me paying for part of the seller's taxes on their boat and they hadn't discovered a lien on the property. I had to tell them to either give me the boat or take the boat tax off the bill. I also had to discover the lien on my own, tell them that they weren't providing a clear title and that I wouldn't close until the lien was paid and removed by the seller. The Realtor tried to tell me not to worry about it and I could just close and take care of it later. Stuff like this happens all the time in NC . . . yeah right, not with me. I don't care about what was done with others or if it's common in this state. It's not right, it doesn't make it right, it's not going to happen to me and I'm not going to put up with a cheating seller. It's their obligation to provide a clear title, so I didn't close until it was done. Hire a real real esate attorney with litigation experience who is bound by law to represent your very own interests. That's what you need in this state.

BTW, you don't have to use those NAR forms to buy a house. Although you'll get all kinds of grief from the other side, and it might result in a failure of them to accept your contract, it's still not a requirement. What you'll find is that the shills will circle the wagons to protect their fiefdom, so it would be a hard road to go down.

Out of all of this, the bottom line is to get an attorney to represent your interests in NC, advise you, and to make the offer through the Realtor, not depending only on the Realtor. As any "ethical" Realtor will tell you when you ask a legal question, they will quickly refer you to a lawyer. They are prohibited from giving legal advice since they would be practicing law.

You do have to use a Realtor to somewhat represent your interests in the houses they've captured in their MLS system, but in spite of what one of them might say, you don't have to depend solely on them. Get someone exclusively on your side to defend you from a seller's lies and just figure it into your costs of purchase. That's what I recommend around here. Remember, Buyer Beware!!!!!!!!!!

After all of the above baloney, what do I suggest? Don't take my word for any of it. Just go get a lawyer, not a Realtor, and pay them a couple hundred dollars to tell you the truth. It'll be worth the investment and you'll be surprised - very surprised.

I am not even going to take the time and effort to respond to the above. Are you a disgruntled agent? a wannabe agent? or a disgruntled buyer or seller? a lawyer?

But I will say, you don't have a clue and are attempting to become nasty on this thread from what I am reading. Let's try to stay on topic here, which is relocation to Asheville I believe.
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Old 03-28-2011, 10:33 AM
 
Location: Upstate SC
957 posts, read 2,612,003 times
Reputation: 979
Quote:
Originally Posted by saucystargazer View Post
She moved to some mountain mansion in the country recently. Or she was suppose to, it was the the paper and all.

She has to be the meanest woman I've met. I'm younger and not a huge tv fan and had no idea who she even was at the time, just trying to be friendly. The next day was when the put that article about her moving in the paper and I went....oh. thats who that was.

And just an FYI: I would say any house under 600k in biltmore forest is in need of hundred's of thousands of dollars of work. People don't sell cheap in there without a reason for it.
I saw Andie a few years back berate someone working at the fish counter at Harris Teeter on Hendersonville Rd. Very loudly and completely embarrassing the poor woman. Not a very nice person at all, despite what you hear around Asheville and on News 13.
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Old 03-28-2011, 10:56 AM
 
1,174 posts, read 6,926,010 times
Reputation: 1104
Comeon Quilter, our posts also have everything to do with Asheville relocation and you took it in this direction. I just felt I had to address your statements that appear to be right out of Realtor trade organization hype. You can't expect to promote such things and not expect a rebuttal.

People need to know what they'll run into when they relocate here and start looking to buy, so you really shouldn't make accusations against the messanger. That's what people do when they can't rebutt the message.

So I still say to anyone that they need to be very wary in this state, including the Asheville area. It is truely is a Buyer Beware state, which is a term used by attorneys I engaged in some RE trasactions here. It was a real education when it wasn't clouded by the views from the real estate professionals and their trade advocacy groups, both local and national. Of course, consider every bit of info you gain and do you own investigation as you see fit, but please watch out for yourself because you won't have the same protections found in many other states in this country.

Last edited by garth; 03-28-2011 at 11:25 AM..
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Old 03-28-2011, 09:16 PM
 
Location: Mountain Home
279 posts, read 531,602 times
Reputation: 344
I will never use a real estate agent again. Last time, I almost lost mid five figures before we sold it ourselves for 20 percent more than the REA said we'd get. Leeches.

QC: I don't question your integrity, but there were lots of folks who jumped in on your profession to house-flip during the "golden years".
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Old 03-28-2011, 09:51 PM
 
11,151 posts, read 15,791,021 times
Reputation: 18844
Quote:
Originally Posted by MCNPA View Post
Hard to title this thread to make it more descriptive, but here it goes. My wife and I and two very young kids are considering a move. We're currently living in Long Island, NY which is mega crowded, expensive amongst other things.

We're thinking about moving up to New England, but it is not really a cost savings for us and we're yearning for a bit less snow. I'm a physician Assistant and my wife an RN and it seems there are jobs in those fields. We plan on visiting Asheville in June and have some criteria for which we are focusing.

1). Looking for houses in the 400k-500k range. Probably in the middle of that range. Have a house in the 600k range on LI with 10k+in taxes per year and I'm through with the rat race.

2). Areas that have the best elementary as well as high schools. Schools are very important with 2 young kids.

3). Areas that are scenic and pretty. Hope to have house with reasonable views. Reasonably affluent neighborhood is preferred.

4) Dont need to be super-close to downtown. 20-30minutes or so is fine. Close is good too but not required. Would like suburban/rural setting.

5). As a northerner, the south is still pretty foreign to me. Any pointers for north easterners like myself looking to relocate and make a comfortable transition is appreciated.

From what info I gathered, Biltmore Forest seems to be the prime area. I'm not sure I could get the most for my money there. I've heard plenty of other areas mentioned like grove park, black mountain but I can't make heads or tails of it without some assistance. Would appreciate any suggestions of other areas I should look at when researching, before I plan my trip. thanks.
Much of this conversation has gone WAY beyond the scope of the OP's original questions. Let's try to get back on track, please.

Thanks!
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Old 03-29-2011, 01:02 PM
 
Location: Asheville
1,160 posts, read 4,230,265 times
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Okay! Back to the subject! MCNPA, I rambled a little in my first post, sorry, but just a few more pointers. The community east of Asheville I was trying to recall is Eastmoor. The homes are very nice, recently built, plenty big, lots of views and woods everywhere.

You asked about Black Mt and other neighborhoods and you couldn't figure out what was what or where. A map would be helpful. Asheville downtown proper is laid out just like a compass, if you centered it on Pack Square there the Courthouse is, plus it's also about the highest spot in downtown, all roads going north, south, east, west MERGE in that one spot, and they really go exactly in those directions. If you go east, you wind up going thru a tunnel and onto Tunnel Road, which after a big traffic jam at the Asheville Mall, it goes east (there are shortcuts to get around the mall, tho). You go on out Tunnel, out past Haw Creek and Beverly Hills neighborhoods, plus the golf course and Nature Center and the VA Hospital complex, cross under the Blue Ridge Parkway, and just a little ways after that, you turn left and go up a hill and wind up at Eastmoor. Would take you around 15 mins to get to the hospitals back in town.

Now, Black Mountain, it is its own separate town and is a loooong ways further past the VA Hospital, where Eastmoor is, and past Swannanoa (another VERY small town), and you'll come to Black Mountain, my fav homes are just east of Tomahawk Lake, on a hill sort of overlooking it, they are between the lake and the cute little five block-by-five block downtown. BY FREEWAY, it's maybe 30 mins depending on where in Asheville you want to go.

Now, going north from Pack Square, you go up Merrimon Avenue, which a few neighborhoods to the west is Historic Montford Park, lots of old Victorians being renovated, lots of character, typical neighborhood feel with sidewalks and big trees, and you can ride a bike to and from town. If you take Merrimon on past a bunch of other neighborhoods, which east is Grove Park, which has been discussed, and keep going on up to Beaver Lake, you're still in town and there's a neighborhood that surrounds the lake on three sides, really nice homes, golf course nearby. But if you go north past all that, you wind up heading to Weaverville, which is also a separate town like Black Mountain is and about equidistant away from Asheville downtown proper.

The same thing goes for South Asheville, you go down Billtmore Avenue out of town, that takes you right past the hospitals, and there are a very eclectic bunch of homes ranging from $80,000 on up to $500,000 or so (the big homes on the west side of the lake....NICE way to live, close to hospitals), and then you keep going Bilt Av, go on down into Biltmore Village and where entrance gate is to Biltmore Village, and over to the right for a very long ways, and even over the freeway and further south, is Biltmore Forest. Peaceful, private, its own police department, and altho part of Asheville, it IS its own town. Again, convenient to hospitals. That same Biltmore Ave will turn into Hendersonville Road. That will take you right on down its multilaned city street to the "region" known as Skyland, Arden, and Fletcher. By the time you get to Fletcher, many outlying areas now have various suburb developments that are nice places, and then you cross over I-26 and wind up where the airport is and Hendersonville is, which is in another adjacent county and its own town, larger than, say, Black Mountain, completely self-sufficient, and plenty of folk commute from the west side of I-26 of Hendersonville to Asheville, but it's a loooonng ride on a busy freeway.

I'm out of time for West Asheville, but until they straigten out widening where I-26 and the French Broad River completely cut it off from the rest of Asheville, it's a pain in the neck to live out here (I live out here on the northwest side) because of all the awful traffic lights on Patton Avenue. However, I live closer to Candler and can get up on I-40 where Patton becomes Smoky Park, and go anywhere I want in a very short time. Well, gotta go. Just wanted to give you a primer on how things work around here, a few scenic tours of neighborhoods, and tell you the name of one of many small and newer developments that are worth a look-see. GG
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Old 03-30-2011, 09:22 AM
 
72 posts, read 195,222 times
Reputation: 64
Quote:
Originally Posted by gigimac View Post
Okay! Back to the subject! MCNPA, I rambled a little in my first post, sorry, but just a few more pointers. The community east of Asheville I was trying to recall is Eastmoor. The homes are very nice, recently built, plenty big, lots of views and woods everywhere.

You asked about Black Mt and other neighborhoods and you couldn't figure out what was what or where. A map would be helpful. Asheville downtown proper is laid out just like a compass, if you centered it on Pack Square there the Courthouse is, plus it's also about the highest spot in downtown, all roads going north, south, east, west MERGE in that one spot, and they really go exactly in those directions. If you go east, you wind up going thru a tunnel and onto Tunnel Road, which after a big traffic jam at the Asheville Mall, it goes east (there are shortcuts to get around the mall, tho). You go on out Tunnel, out past Haw Creek and Beverly Hills neighborhoods, plus the golf course and Nature Center and the VA Hospital complex, cross under the Blue Ridge Parkway, and just a little ways after that, you turn left and go up a hill and wind up at Eastmoor. Would take you around 15 mins to get to the hospitals back in town.

Now, Black Mountain, it is its own separate town and is a loooong ways further past the VA Hospital, where Eastmoor is, and past Swannanoa (another VERY small town), and you'll come to Black Mountain, my fav homes are just east of Tomahawk Lake, on a hill sort of overlooking it, they are between the lake and the cute little five block-by-five block downtown. BY FREEWAY, it's maybe 30 mins depending on where in Asheville you want to go.

Now, going north from Pack Square, you go up Merrimon Avenue, which a few neighborhoods to the west is Historic Montford Park, lots of old Victorians being renovated, lots of character, typical neighborhood feel with sidewalks and big trees, and you can ride a bike to and from town. If you take Merrimon on past a bunch of other neighborhoods, which east is Grove Park, which has been discussed, and keep going on up to Beaver Lake, you're still in town and there's a neighborhood that surrounds the lake on three sides, really nice homes, golf course nearby. But if you go north past all that, you wind up heading to Weaverville, which is also a separate town like Black Mountain is and about equidistant away from Asheville downtown proper.

The same thing goes for South Asheville, you go down Billtmore Avenue out of town, that takes you right past the hospitals, and there are a very eclectic bunch of homes ranging from $80,000 on up to $500,000 or so (the big homes on the west side of the lake....NICE way to live, close to hospitals), and then you keep going Bilt Av, go on down into Biltmore Village and where entrance gate is to Biltmore Village, and over to the right for a very long ways, and even over the freeway and further south, is Biltmore Forest. Peaceful, private, its own police department, and altho part of Asheville, it IS its own town. Again, convenient to hospitals. That same Biltmore Ave will turn into Hendersonville Road. That will take you right on down its multilaned city street to the "region" known as Skyland, Arden, and Fletcher. By the time you get to Fletcher, many outlying areas now have various suburb developments that are nice places, and then you cross over I-26 and wind up where the airport is and Hendersonville is, which is in another adjacent county and its own town, larger than, say, Black Mountain, completely self-sufficient, and plenty of folk commute from the west side of I-26 of Hendersonville to Asheville, but it's a loooonng ride on a busy freeway.

I'm out of time for West Asheville, but until they straigten out widening where I-26 and the French Broad River completely cut it off from the rest of Asheville, it's a pain in the neck to live out here (I live out here on the northwest side) because of all the awful traffic lights on Patton Avenue. However, I live closer to Candler and can get up on I-40 where Patton becomes Smoky Park, and go anywhere I want in a very short time. Well, gotta go. Just wanted to give you a primer on how things work around here, a few scenic tours of neighborhoods, and tell you the name of one of many small and newer developments that are worth a look-see. GG
thank you very much. That was exactly what I was looking for. I have looked at the map, but your synopsis of the various areas really will help when we visit in June. Much appreciated so I can plan a day or two to tour and get a feel.
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Old 03-31-2011, 03:16 PM
 
178 posts, read 580,339 times
Reputation: 110
[quote=MCNPA;18447937]Thank you very much for the great advice.



My questions with reference to being a northeasterner are more a concern whether we'll fit in down there, and it seems in Asheville we should. We have no problem with much of that and my wife and I love and embrace the culture of any region we were to settle in. Heck, even if I moved to Northern New England, they aren't keen on New Yorkers. Northern New Englanders don't even like Southern New Englanders. It's where the "flatlanders" moniker came from. The South is just a whole new animal for us.



I totally agree, people from Maine/NH/VT are not even used to being called Yankies, and we think that NY is the South! haha. Plus people from the South forget that "Yankies" to us is referring to the baseball team more than anything.

Go Red SOX.

Had to lighten up this tread, anyway
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