Emails, Texts, Calls, Complaints, and Profound Thoughts from the Readers

As always, real questions but the names have been changed to protect our loyal curious-minded inquirers.

1. Our condo association is considering going from a one year to a two year wait before a new buyer can rent. Will that have an impact on resale? – Alfred

Jeff – You betcha it will! One year will do the trick to keep out investors. Two years is overkill. Investors almost always give us a hard criterion both on condos and single-family homes that they will not consider a wait period whatsoever. It’s my opinion that you can accomplish nearly the same thing by setting limits on how many times it can be rented out or periods of time. Lots of would-be buyers start out as part timers and need some ancillary income for a few years before making that full time move. Being too tough could limit what a home gets by as much as 10-20%.

2. Is ECHO still taking new Realtors and if so, how do I apply? – Lois

Jeff – The answer is yes but it depends on how the interview goes, which I’ll explain in a minute. We just opened a new office in downtown Delray Beach by the train tracks off Atlantic. Our other new office is in Stuart, right on “confusion corner”. Find out more and apply! Here are a few tips from three real world Zoom interviews this week to make sure you aren’t disqualified quickly.

1. The first interview was 6 minutes in length. The guy was wearing a hoodie, and I could only see his nose up to his forehead. No idea if he had a mouth? You can see yourself on Zoom so not sure if he didn’t know or perhaps he was munching on some Buggles or Cheetos? Not exactly the look we are seeking.

2. The second interview rejection was when something seemed off, and I looked up the person on social media. And there she appeared on “Thugs of Palm Beach County”. This was not on the resume nor was it mentioned in the interview. But as we are in people’s homes, not a good trait.

3. The third interviewee we rejected was when I asked the candidate about her selling background. She told me she learned lots when she was in a cult (although not in the cult today). Glad that some skills were picked up!?!

All three of these might be better off applying to work in Congress as those talents are much more in demand there.

3. Are you seeing more dual en-suite bathrooms? – May

Jeff – 10-20 years ago, I would consider dual en-suite bathrooms a luxury. Today it’s really the luxury standard and so is expected. All new construction has it and lots of older luxury homes that have been remodeled have been retrofitted with additions. Bidets have also become very mainstream in en-suites around the world. Even in America’s past time, ⚾️ the Chicago White Sox lured Japanese star sensation, Munetaka Murakami with a bidet in the baseball clubhouse.

While some may pooh-pooh the idea of en-suites, who wouldn’t want to pee 🚽 in peace ☮️?

4. Stick to selling properties or better yet a writers workshop. Comedy writers work on late night TV. After the workshop try again! – S. Trevor

Jeff – I hear Cobert has an open time slot.

5. Whose responsibility is it to replace dead landscaping after a home goes under contract? – Arthur Fleck

Jeff – The seller is required to maintain the property, including landscaping, in the same condition that existed as of the Effective Date of the Contract. However, something like a significant and unusual cold snap that impacts landscaping is a sort of force majeure event that the seller cannot avoid. The seller did not fail to maintain the landscaping if something out of their control like a significant weather event occurred.

The most that the seller would have to do is prune and/or remove dead plants (or dead portions of plants), and that is only if the buyer feels the need to require the seller to do so. The seller will not be required to replace plants. And even if the buyer tells the seller that they must remove the dead plants, if the seller says no then it is then up to the buyer to decide whether to forget the issue and close or try to claim the seller is in default of the contract, which I do not think would be a strong argument.

6. What happens if a Seller changes their mind a week before closing and decides not to close? Jack Napier

Jeff – Anyone can do whatever they wish but there are consequences. The buyer needs to be ready to close in case the Seller changes their mind and signs off. If not, the Buyer could be liable to lose their deposit for failure to perform. The most important thing to do is get a Florida based real estate attorney immediately. A real estate agent is not licensed to practice law. The Seller could be found liable for specific performance and other damages. Proper notification and understanding of the law is critical.

7. I have a seasonal tenant in a predicament due to HOA renovation construction. – Joe Kerr

Jeff – Here is the story. The owners are from overseas and they came to the condo recently and noticed concrete repairs were being done on building next to them and their agent notified me. The tenant contacted the HOA and they told him once work begins in his building, most likely during his stay, it would mean daily noise during the week. No exact date is given when work will being on his building.

The lease is all signed through season. My client, the tenant, has been considering backing out due to the daily noise, but can he back out with a full refund at this point due this the unforeseen noise the construction will potentially cause in his building? He is also considering asking for a discount. The lease is about $5000 per month, so he was thinking in the $1500-$2000 total.

If the Seller knew or should have known, then they might have a case for a full refund. And if that seller did know, what a Treble – Maker!