Send us a text As the market remains hot, the chance that you will be presented with an out of market contract form increases. It is imperative that you understand the differences in contracts so you don't miss deadlines and so you can explain the contract to your client. You can't simply refuse to accept out of market contracts. In this podcast I begin a series that will examine the difference in the State and Central Carolina REALTORs contracts. This week I examine the due diligence and repair...
May 27, 2021•30 min•Season 2Ep. 30
Send us a text Sale and Close Contingency and Close Contingency . What is the difference and how does each one work? Are they good for both parties and when should they be used? Can your contract be bumped for a better offer? When do you have to start due diligence? In this episode we examine the terms of the Sale and Close Addendum and the Close Contingency in relation to the Central Carolina REALTOR Association contract and the Sale Contingency associated with the South Carolina REALTOR Associ...
May 20, 2021•29 min•Season 2Ep. 29
Send us a text Today we are seeing more buyers and sellers experience remorse and attempt to terminate the contract without reason or right. So what happens when a buyer or seller decides at the last minute that they want to terminate and in doing so would be in default. This podcast examines why it is happening and the legalities and realities of the default. I will also give you some strategies to avoid it. Also in the episode is a new segment What's On My Mind. It even has some cheesy music. ...
May 13, 2021•28 min•Season 2Ep. 28
Send us a text Everyone hates the dreaded offer rejection form. I think it is the most worthless form in real estate and it only serves to cost you more time and liability. However, it is required by law so you better be sending them out. Here are the five ways that most agents are screwing up the Offer Rejection Form. Understand that each of these could result in you having a grievance filed against you. As buyers and buyer's agents become more desperate to find houses in this tight market you ...
May 06, 2021•27 min•Season 2Ep. 27
Send us a text The real estate market is on fire. Multiple offers are being made in a matter of hours. Most of the offers are for asking price or higher. Sometimes an offer will be for $50k, $60k, $70k or more over asking. But is this offer legit or fake? Is the buyer trying to "buy" the contract by making the contract contingent on appraisal knowing it will not appraise and they can renegotiate latter. Is this practice legal and ethical? Is this bad practice for the seller and/or buyer. Lisa Ha...
Apr 29, 2021•30 min•Season 2Ep. 26
Send us a text Lexington County just implemented a six month moratorium on all new developments. This governmental overreach will result in less housing inventory, higher prices and the end of affordable housing in the County Plus it will do nothing to stem the growth demand in the county. How many roads can they build in six months?!?!? But don't think this could not happen to you. Mount Pleasant has a moratorium and Greenville considered one too. The government's poor planning is now your prob...
Apr 22, 2021•30 min•Season 2Ep. 25
Send us a text In South Carolina a real estate agent has certain obligations as it pertains to Seller Disclosure. Seller Disclosure is not an easy form to fully understand for the buyer or the real estate agent. Many of these mistakes are costly to your client and even you. In this podcast I countdown the Top 5 mistakes that real estate agents continue to make in dealing with Seller Disclosure. Learn what the mistakes are so you can avoid them in the future. I also share "As Gary Sees It". We en...
Apr 15, 2021•30 min•Season 2Ep. 24
Send us a text Whether you are using the South Carolina Association of REALTORs contract or the Central Carolina REALTORs Association contract, agents seem to make the same mistakes. Many of these mistakes are costly to your client and even you. In this podcast I countdown the Top 5 mistakes that real estate agents continue to make in writing contracts. Learn what the mistakes are so you can avoid them in the future. I also introduce a new feature, "The End of the World as We Know It". We end as...
Apr 01, 2021•29 min•Season 2Ep. 23
Send us a text Do you feel frustrated trying to sell a house with solar panels. Do you feel like a fish out of water answering questions for your buyer when the house already has panels? Are they assuming the debt or is the seller taking the panels? Lucky for you Ian Miller and Evan Stone of SCREC.org join me to discuss ideas on helping real estate agents sell houses with leased solar panels. They also discuss when solar panels are a fit and not a fit for your client as well as helping you under...
Mar 25, 2021•30 min•Season 1Ep. 22
Send us a text As many of you know the REALTORs Association and Multiple Listing Service has adopted new rules aimed at curtailing the practice of "pocket listings". Pocket Listings are an unique and growing issue in real estate. Many people believe that pocket listings are bad for the market, buyer, seller and agent and should not be allowed. Others like the exclusivity and the privacy it affords. This podcast examines the good, bad and ugly side of pocket listings. Are they legal? Are they eth...
Mar 18, 2021•27 min•Season 1Ep. 21
Send us a text Here is a tough question to ask yourself. Are you a winner this past year or were you a big loser in real estate? Were you a winner because of your innovation or was it because interest rates were so low and demand was at a record high? In case you have not noticed the world is in the mist of a major change. The pandemic appears to be coming to an end. Vaccinations are happening quicker than anyone imagined. Lock downs are over and people are on the move. However, interest rates a...
Mar 11, 2021•29 min•Season 1Ep. 20
Send us a text Every real estate agent works in fear of having a grievance filed against them with the Real Estate Commission. Many agents think because they are a good and ethical agent that no one will ever file a grievance against them. That is just plain wrong. Most of the agents I represent before the Real Estate Commission are top agents in the MLS and are pillars in the real estate community. These are the agents that sit on real estate boards and mentor agents. The truth is any agent can...
Mar 04, 2021•29 min•Season 1Ep. 19
Send us a text Is your brokerage and closing attorney harming your business because of a financial arrangement between the two? When your brokerage enters into a financial arrangement with a closing attorney, do you really benefit ? The answer is clearly no. Not only are most of these arrangements questionable in their legality, the benefit never makes it way down to you, the agent. But even worse, these fee sharing arrangements could be costly to your business. When your brokerage pushes you to...
Feb 25, 2021•27 min•Season 1Ep. 18
Send us a text Do you understand procuring cause? Honestly? Most agents and lawyers don't. It is a very difficult concept with rarely a straight forward answer. Most real estate agents think because they established agency first that they are the procuring cause. Others think that as long as they open the door, they as the procuring cause. There is so much more to it than that. This podcast will delve into the issues of procuring cause and answer many of the questions you have. This is a must li...
Feb 18, 2021•30 min•Season 1Ep. 17
Send us a text Earnest money became a big problem for real estate agents due to a South Carolina Real Estate Commission ruling a few years ago. Since that ruling, most real estate agencies quit holding earnest money. Today, closing attorneys typically hold the earnest money in trust. While on the surface this may seem to have reduced agent liability, another big issue has evolved concerning earnest money that could result in lawsuits or discipline of the agent. this podcast examines many of the ...
Feb 11, 2021•27 min•Season 1Ep. 16
Send us a text As more homeowners add solar panels to their homes, I examine how panels affect real estate closings. In this podcast I discuss how some restrictions can prevent a homeowner from adding solar panels to their home. I also discuss issues that a seller faces in selling a house with solar panels. Does the seller have to pay off the solar panel lease before conveying? Is the lease agreement a lien against title? Can the seller assign the solar panel lease to the buyer? Does the buyer h...
Feb 04, 2021•27 min•Season 1Ep. 15
Send us a text SPECIAL SELLER EDITION: Homeowner: If you are thinking about selling your home without using a real estate agent (also known as For Sale by Owner ) then you will want to listen to this Podcast. While Blair Cato strongly recommends that you hire a qualified, licensed real estate agent, we recognize sometimes you may be selling to a family member or friend or you maybe the DYI kind of person. If that is you, this podcast can help you navigate through the weeds of selling your own ho...
Feb 01, 2021•40 min0
Send us a text Representing someone going through a divorce can be very difficult. In fact 50% of all transactions involving a person in the process of getting a divorce does not close with the first listing agent. This podcast discusses the issues you need to recognize and strategies for handling closings in which your client is divorcing or divorced. Whether the divorce was recent or many years ago, the ex-spouse may still have ownership rights that must be handled before title can transfer. S...
Jan 28, 2021•30 min•Season 1Ep. 14
Send us a text I said it. Your Repair Addendum Sucks! It really does. From incomplete to nonsensical to the outright inaccurate. As an industry, most agents admit to receiving or even writing less than stellar repair addendum. This week's podcast looks at some of the worst examples of repair addenda, discusses the root cause of poorly written request as well as how to professionally prepare a repair addendum. Spoiler alert, it starts way before pen is put to paper. Mary Lane Sloan of the Art of ...
Jan 21, 2021•29 min•Season 1Ep. 13
Send us a text FAIR HOUSING AND ADVERTISING. Today what you say and write in real estate is being dissected more and more. If you advertise using prohibited words or in an improper manner you can find yourself in hot water even if you never intended it to be discriminatory. This Podcast examines what is a protected class, the words that are commonly used which are troublesome and phrases that are allowed. Every agent should listen to this podcast before posting another advertisement. In this epi...
Jan 14, 2021•28 min•Season 1Ep. 12
Send us a text So you think you are great at sales. What could a nationally renowned coach have to say about 2021? Check out this MUST listen to episode of Dishin' Dirt. All the way from California, Dr. Cindy McGovern, the First Lady of Sales and Wall Street Journal Best Selling Author of "Every Job is a Sales Job," joins me to discuss real estate sales techniques in 2021. Topics we will cover include the number one thing sales people forget when trying to get a new client, not missing unique sa...
Jan 07, 2021•27 min•Season 1Ep. 11
Send us a text TAX DEEDS/TAX SALES. When real estate is hot, investors turn to purchasing property at tax sale. However, selling property that was purchased from a tax sale is very difficult. If you represent a seller or buyer of tax property you may be committing professional malpractice in the manner you handle the transaction. Erica Lybrand of Blair Cato Pickren Casterline joins me today to discuss tax sales, tax deeds, issues facing real estate agents in their representation of a tax deed se...
Dec 17, 2020•30 min•Season 1Ep. 10
Send us a text Multiple offers is a great thing to get in real estate transaction when you are the seller. But as an agent do you understand the laws and ethical duties surrounding multiple offer situations? For example, are you required to disclose multiple offers to a potential buyer? Can you even disclose and what terms can you provide? In this podcast learn how you are to legally and ethically handle multiple offers. In addition, learn what an escalation clause is and how it is to be handled...
Dec 10, 2020•29 min•Season 1Ep. 9
Send us a text If you are working with a buyer or seller who is considering seller financing there are many issues that you need to understand. You need to know the pitfalls and risks in seller financing as well as the three basic types of seller financing common in South Carolina. In this episode I discuss the three types of seller financing and discuss the benefits and risks of each. Also in this episode another installment of What Happened While You Were Showing and this one is a little contr...
Dec 03, 2020•30 min•Season 1Ep. 8
Send us a text The South Carolina Residential Property Disclosure Form offers three responses for the seller: yes, no and no representation. But does answering the questions about the condition of the property with "no representation" comply with the law and is its use ever proper? Does it increase or reduce a seller's liability. Plus, does the seller need to disclose items that have been repaired. We will take an in-depth look at this confusing issue. Also learn about "crooks and swindlers" in ...
Nov 19, 2020•24 min•Season 1Ep. 7
Send us a text How much time do you need to waste growing your business before you realize there just might be a better way. Stephen Cooley, the #5 agent in the world at Keller Williams tells us several ways to grow your business and stop wasting your valuable time doing tasks that others should be doing. Stephen shares his many years of success in become one of the top agents in the World! Also in this episode, Gary's Good News Only! and a very special segment that might actually get me cancell...
Nov 12, 2020•27 min•Season 1Ep. 6
Send us a text THIS IS A MUST LISTEN FOR REAL ESTATE AGENTS! Today I discuss who is exempt and who is not exempt from completing the South Carolina Seller Disclosure Form . I also have added a new feature called " What Happened While you Were Showing. " In this feature I discuss what the Real Estate Commission is doing to you or for you while you were out showing properties. This week we examine the use of nicknames such as Bob, Will, Beth, Buddy and other common derivatives of names in your adv...
Nov 05, 2020•26 min•Season 1Ep. 5
Send us a text On this episode of Dishin' Dirt, the #5 real estate agent in the WORLD for Keller Williams, Stephen Cooley of the Stephen Cooley Real Estate Group at Keller Williams, joins us to give agents great business advice on how to run a successful business. He focuses on when adding an assistant is good for your business and when and how to form and run a top producing team. Whether you are on a team or not, Stephen provides great information that will help any agent build a successful bu...
Oct 29, 2020•28 min•Season 1Ep. 4
Send us a text Real estate listings with video receive more than 438% more inquiries than those without video. Patrick O'Connor and Hannah Norman of the Patrick O'Connor Team-Coldwell Banker are here to tell you how to get started in video and how in his first video he got over 47,000 views in the first two weeks. Also, Eddie Yandle of Executive Construction Homes will join me to tell us why wood is now like toilet paper was in this pandemic. Only in 2020! Of course, I will have another segment ...
Oct 22, 2020•29 min•Season 1Ep. 3
Send us a text In this episode of Dishin' Dirt, Brad Allen and I look at the issues involved with representing a buyer who is purchasing a "For Sale by Owner" property. Over 90% of all "For Sale by Owner" properties are sold to represented buyers. This podcast will help you navigate through the rules, laws and ethics of representing the buyer. Also in this podcast, my law partner, Jordan Stallings, joins us to discuss 2020 property tax bills. And of course no episode would be complete without an...
Oct 15, 2020•29 min•Season 1Ep. 2
