The Minneapolis Real Estate Blog

Are Realtors who Market to the Gay Community Now Violators of The Code of Ethics?

Now I am sure this question will draw some interesting responses, so I hope to not cause too much of a stir, but after reading a Code of Ethics update emailed to me by the Minnesota Association of Realtors, I have to wonder if Realtors who market themselves to the gay, lesbian, and transexual communities, are now going to be in violation of Article 10 in the Code of Ethics.

In case you don't know, a major change to the Code was voted in for Article 10, adding the terms "sexual orientation" to the group of discrimination protected classes:

Here is the amended language of Article 10 (additions are underlined):

REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on tis of race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation

So I can assume we are all in agreement here: adding "sexual orientation" to the above language is a good thing, since Realtors are held to higher standards.

BUT, where problems could occur for Realtors that promote themselves solely to gay communities is a change to Article 10 Standards of Practice 10-3:

REALTORS® shall not print, display or circulate any statement or advertisement with respect to selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or sexual orientation.

According to this new amendment of 10-3, Realtors cannot discriminate against ANY sexual preference. So my take is that now those Realtors who specialize in gay communities and directly market, advertise, or circulate any statement of their specialty are now discriminating against those that are straight.

To me, this amendment is vague. At first glance I thought it read that no ad could say "no gays", for example, a home owner that tells his agent to advertise "no gays allowed" or the like, but upon further thought, it could stretch to cover agents that say they work for those of different sexual preferences. By an agent putting out an ad that says "Specializing in Gay Communities", it seems they are now in violation of the Code of Ethics, and I am sure those Realtors are not going to be too happy if that is the case. There are even real estate companies out there that have the term "gay" in their brokerage name, so what happens to them?

Please, let me know your thoughts on this. I find it kind of upsetting that NAR did not think of this take on the change, as it will greatly effect Realtors nationwide.

12 commentsJennifer Kirby, the Luxury Agent • November 15 2010 08:19PM

Monarchs in Minnesota

Monarch ButterflyWhen I first moved to Minnesota, all I knew was that I was going to be living further north than I ever have. I had no clue on what type of wildlife lived here, nor did I know what type of plants I could grow. For the previous 6 years, I had lived either on the Pacific Ocean, or the Gulf of Mexico and not had what I call "real" grass.

My mission when I started my garden was to attract butterflies, so I researched what would grow in Zone 4, the garden zone for central Minnesota. I have planted coneflowers, butterfly bush, sedums, blazing star, joe pye weed, and more. So far, the Joe Pye Weed has grown the quickest and was seven feet tall this year. It was also the big butterfly magnet this year, at one time having a dozen Monarchs and Viceroys feasting on the nectar. The photo to the right is of a Monarch on my Joe Pye Weed taken a month ago.

With my garden, I started a garden blog, to document what was going on and what grows and works in Minnesota. I am amazed how many people find the blog and send me messages. As a real estate agent, my growing knowledge of plants in Minnesota actually has helped a few clients prepare their homes for sale, and give them better curb appeal. It just goes to show you that blogging can not only build the knowledge of readers, but of the author herself.

2 commentsJennifer Kirby, the Luxury Agent • October 01 2010 10:53AM

Don't Squat on Me!

Originally posted on my blog Twin Cities Real Estate Buzz

Vacant Home Problems in Minneapolis and Saint PaulThroughout the Twin Cities, and especially in Minneapolis and Saint Paul which have the highest number of vacant homes, it is bound to happen that uninvited guests might take it upon themselves to utilize your vacant property. Those less fortunate souls, either out of a job or out of a home, decide it is ok to break into a house and live there for a while. They don't care if what they are doing is illegal, and some even justify it as their right. However if any squatters reading this post are planning on doing this in the near future, then you might want to make sure you don't choose a home that is listed with a real estate agent.

It happened recently to one of my clients, and is the first time I have run into it personally with a listing. A seller that lives out of town puts a rental property on the market, and seeing as he wants to sell it quickly, he leaves it vacant with no appliances. Being in a not so great neighborhood, it doesn't get a ton of showings. But low and behold, on Friday afternoon when I am laying in bed sick, I get a call from an agent who just showed my listing. Apparently, she and her client had walked completely through the home, coming to the bedroom at the back of the home, when they heard music coming from inside. The agent of course knocked to alert who was ever in the room that she was there, and the lady behind the door started screaming at the agent to get out. The lady then demanded to know how the agent got in the house. This friendly agent promptly told her that she used the key, which was obviously not the way the lady had gained her access to the home.

So I dragged myself out of bed, jumped in the car, and at the same time called the police to tell them we had a squatter and asked them to meet me at the home. There was no way I was entering the home without some armed help! When we all got there, on officer went in through the front door, while two others surrounded the back. (I was pretty surprised they brought three officers for little old me). Upon entry, the lady was gone, which was no big surprise. I mean, even a squatter can figure out that the jig was up. However, she had left behind all her stuff, which meant she was most likely coming back at night.

She had moved in quite well, and been there for about two weeks. All her toiletries were in the bathroom, including perfume, and she was making use of the free water and working bathroom. In the bedroom she had a large blow up mattress and plenty of clothes in garbage bags. She had a light and radio. The real kicker came when one of the police officers opened up the front bedroom door, only to have a ferret come running out, with a black bunny rabbit behind him. The squatter was so kind to let them use the carpet as their bathroom. We put all the animals back in the room and closed the door. The officers were really nice, and told me to have the owner call them if he wanted them to meet him at the house as well. With nothing left to do, I re-secured the house (hard to do with broken doors) and called my client.

After informing him of the days events, he drove down the next day, with police officers backing him up, too. Sure enough, she had broken back in that night and removed all her stuff, animals included. The home owner had to clean up after her, paint over some grafitti on the wall, remove the soiled carpet, and replace three broken doors. I also informed him to turn off all the utilities so no one could take advantage again. He left the kitchen light on and informed the neighbors of what had happend, asking them to keep an eye on the place. The squatter never came back and the place had no further problems.

Lesson learned?

Make sure you properly secure a vacant home. The doors on this home were older, so they were easy to break into. Also, the front door had glass in it, so the squatter was able to break the glass and reach in to unlock the deadbolt. Putting strong doors and boarding up windows is one sure way to keep trespassers out. Also, don't leave utilities on which can be used by the squatter/trespasser. That's just like being a kid in a candy store, after all, how can a homeless person resist a hot shower and a working toilet? I know I couldn't.

I was shocked to hear from a neighbor across the street, who approached me when I arrived at the home, that she had seen someone crawl through the side window a few times the week before, but didn't take it upon herself to call the police or me. My number is on the real estate sign in the front lawn after all. I find this sad because this is her neighbor and her neighborhood, and everyone should keep a look out for suspicious activity. Wouldn't she want a neighbor to call the police if someone was entering her home illegally? I personally would not feel safe in my own home if I knew someone was breaking into the home next door. But hey, that's just me!

One last note, needless to say, the buyer who viewed the home with the squatter there did not put an offer on the home. Squatters kill deals, just as an FYI!

Tell me your stories about squatters in your vacant homes! 

There's Still Time for Military Buyers to Enjoy the Tax Credit!

While the tax credit has expired for most buyers, military families should know that they are still eligible for the $8000 first time home buyer's credit or the $6500 credit for current homeowners  if they meet certain criteria. Members of the uniformed services, members of the Foreign Service and employees of the intelligence community are eligible for this special rule. It applies to any individual (and, if married, the individual's spouse) who serves on qualified official extended duty service outside of the United States for at least 90 days during the period beginning after Dec. 31, 2008, and ending before May 1, 2010. They have until April 30, 2011, to sign a contract and until June 30, 2011, to close on the new house.

Normally, if homeowners don't live in the new house for at least three years, they have to repay the tax credit. However, military members are an exception when they have to move due to military orders.  This relief applies where a home is sold or stops being the taxpayer's principal residence after Dec. 31, 2008, in connection with government orders received by the individual (or the individual's spouse). It's called "qualified official extended duty", and means living at least 50 miles from the home.

Another Military Benefit

Military families also get a break when they sell their homes. While most home owners must live in a home for two of the last five years in order to waive capital gains of up to $250,000 if single, and $500,000 if married, military homeowners only have to live in the home for two of the preceding ten years, if they are on qualified official extended duty! This ability utilizes a one time suspension on the home from the normal five year requirement, which cannot exceed ten years.

Still Time to Purchase a New Home

If you meet the above guidelines, there is still plenty of time build your brand new home or buy an existing home. Give me a call. We can discuss your situation, what you are looking for, and help you find financing. Your new home is waiting!

2 commentsJennifer Kirby, the Luxury Agent • May 06 2010 04:34PM

Melting Snow in Minnesota Brings Surprises

The east side of my home has had the benefit of tons of sun the last two weeks, and of course is no longer covered with snow. I checked things out a day ago to see what kind of clean up I was going to need to do, as I left some of my coneflowers up during the winter so the birds could have some seeds. You can only imagine how surprised I was to find some tulips coming up already.

And of course I was shocked to see this Pansy, just a few feet away, with green leaves and a yellow flower still shining like it just bloomed. All of this had been under three feet of snow for the last four months!

9 commentsJennifer Kirby, the Luxury Agent • March 05 2010 04:03PM

Beware the Agent Proclaiming to be a Neighborhood Expert!

Mystery CowLast year I listed a home in Minneapolis that was in so-so shape and turned into a short sale shortly after listing. Like a good agent should, I researched the market thoroughly in this neighborhood over the previous six months, and found a price range that worked for the home and its condition. After a discussion with the homeowner, a price was determined, and we charged ahead to find a buyer.

The day after the home hit the MLS, I received an email from an agent in regards to the list price:

"I'm an agent specializing in the Neighborhood and was really disappointed to see how low you've priced this home.  It should be about X to X dollars.  I know the family and of course I won't say anything but this is way off."

Her so called "expert" opinion was putting this home at a year ago prices, and was also $80,000-90,000 over the list price. She also felt the need to add that she knew the family, but wouldn't tell them about my bad pricing. Can you say, unprofessional? Of course I let her know what I thought of her email and how inappropriate it was, and she of course apologized.

Five days later, I had six offers on the home. Being a short sale, the closing took a few months, but we ended up closing a few thousand dollars less than list price at the end of it all. My list price was also confirmed by the appraiser, as he appraised it for two thousand less than list.

After closing, I just couldn't help sending an email to the neighborhood expert letting her know how off her expertise was, especially since she was so concerned that my pricing would effect future neighborhood sales in a negative way. The appraisal backed up my CMA and showed just who was more in-tune with the neighborhood.

Yes, this agent has sold more homes than me in this area, but that doesn't make her a neighborhood expert.   I think I'm most happiest that this agent didnt' get the listing, as she would have had the home listed at a price over market, and most likely the home would have sat for months as the price was slowly reduced over time, becoming old and stale in MLS.

If you think you are a neighborhood expert, or a specialist for that matter, please make sure you really know what you are talking about. In an instance like this, the thing you lose first is your credibility, and in this field, that is the one thing you never want to lose.

7 commentsJennifer Kirby, the Luxury Agent • January 18 2010 08:38PM

Fall Colors in Minnesota

If you are looking for a place to view fall color around the state of Minnesota, a great place to check out is the Minnesota Department of Natural Resources (DNR) website. They update what is happening around the state, and give a lot of information on how/what causes the leaves to change color. Typical peak color for the Twin Cities area is Late September to Mid October.

1 commentJennifer Kirby, the Luxury Agent • September 20 2009 10:14AM

Downtown Minneapolis on a Calm Summer Evening

 

 

 

 

 

 

 

 

 

Taken from Lake of the Isles, just minutes from Downtown Minneapolis.

One of my favorite places in Minneapolis.

1 commentJennifer Kirby, the Luxury Agent • August 21 2009 10:22PM

Million Dollar Homes should have Million Dollar Photos


Luxury real estate bad photographyOk, so I would hope people would know by now that one of my biggest pet peeves is real estate photographs. It really drives me crazy with all the terrible photos I see constantly in the MLS database. I can understand terrible photos for $100,000 homes (but even those tilted photos get under my skin), but when it comes to terrible photographed homes priced in the million dollar range...I just don't get it.

Homeowners - When you hire real estate agents to sell your home, do the agents even tell you about their marketing plan? Better yet, do you even ask? Do you ask them how they will be photographing the home? Do you ask to see the end result?

 

 

bad luxury real estate photographyWhy does this matter? Because photos sell a home. Let me tell you something...agents have NO excuse for not paying for a professionally photographer to come into your luxury home. If you are letting them get away with walking into your home with their point and shoot camera, then there is probably a really good reason your home is not selling. Your photographs stink!

Agents - Who do you think you are? Professional is NOT the word that comes to my mind. If you are listing a high-end home, then you better be shelling out the dollars for high-end photos. You are doing a huge disservice to your client and not giving them the proper exposure they need for an expensive home. Either spend the money for a professional, or leave the luxury home market.

In this post you will notice the photos I have used. All were taken from active homes in the MLS system, high end homes currently listed for more than $2.4 Million. See the problem?

  • the first photo is pretty dark and not too inviting. A professionally photographer would have lit up this room with his equipment, lit the fireplace, and created a photograph that presented a cozy living room space.
  • the second photo is always the main feature of the home which buyers want to see - the kitchen. This tilted photo makes the room look narrow and small, most likely scaring buyers away. If a wide angle lens was used and the room professionally lit, then the kitchen would look like a gourmet space, without having an ugly flash bouncing off the far cabinet.
  • the last photo, just makes you want to jump in that tub...I don't think so. The room is dark, and I just "love" the shadow of the agents head taking up a quarter of the photo.

bad mls luxury photosSo hopefully, you can now see my points. Professional photography MUST be used when listing an expensive home. I see well known agents in the Twin Cities shooting million dollar homes themselves, and I am amazed that they keep getting hired. Sellers really need to understand that to attract buyers who can afford luxury real estate, you need to present the home as a luxury property. If your home photos stink, then maybe you should think about hiring another agent, one that specializes in selling luxury homes.

14 commentsJennifer Kirby, the Luxury Agent • August 12 2009 06:03PM

Shooting Fireworks in Minneapolis

Last night I took the chance to photograph the fireworks show in downtown Minneapolis for the annual Aquatennial celebration. It was my first time shooting fireworks so it was actually pretty fun trying to time the bursts. Out of 100 shots, I probably have five photos that are worthy of keeping.Beautiful Fireworks in MinneapolisFireworks in Minneapolis

2 commentsJennifer Kirby, the Luxury Agent • July 26 2009 11:01PM