by Michelle Sandlin on February 17, 2010
John A. Daugherty, Jr. & Dick Hargis
Attorney Dick Hargis of Hargis & Harpold, LLP gave a presentation at yesterday’s sales meeting at John Daugherty, Realtors to address lease purchase transactions and other legal issues currently facing many of our sales associates. Hargis & Harpold, L.L.P. is a law firm concentrating its practice in the areas of real estate, commercial litigation, insurance defense, trade associations, business transactions, employment and subrogation. We are always very glad to have Hargis share his legal insights with us, as it always leads to a very eye-opening discussion.
Watch what you say in emails!
Hargis began by reminding everyone how important it is to always make sure that you watch what you say every time you hit the send button on an email. This is excellent advice, especially given how often an email can be misinterpreted. Whenever in doubt about how your words or tone might be interpreted, it is a good idea to save the email as a draft and go back and read it, and if needed, edit it before sending.
Lease Purchase Transactions
Hargis says, “Just say no!” This is the best advice, he says. A lease purchase is actually a contract for deed. It is a transaction in which statutory rules burden the seller (or Broker) with many of the following:
- Pre-contract disclosures
- Pre-contract documents
- Annual accounting
Not only that, but non-compliance can lead to DTPA violation, contract rescission and refund of all payments. The list of pre-contract disclosures alone can be very daunting. Real estate agents and brokers can’t write a lease purchase; it requires the use of an attorney for drawing up the agreement. Hargis recommends telling the seller that he or she should call a lawyer to discuss if they are considering this type of transaction. “Under no circumstances should an agent attempt to draw up a lease purchase contract,” says Hargis. In general, a much better option might be owner financing.
From time-to-time I run across a transferee who is interested in discussing lease purchase options with me. I can tell you that they have no idea what this entales. Especially in today’s market, people relocating to Houston are often looking to explore all of their options and inquiring doing a lease purchase. Fortunately, when they are relocating to Houston through a relocation company, they are often counseled about the necessity of using an attorney and discouraged from exploring this type of transaction.
Buyer’s Rep Agreement & Information About Brokerage Services
Why are both needed? Hargis says that the Information About Brokerage Services Form is a good introduction and a lead in to a Buyer’s Representation Agreement. The IABS is informational, and is important because it addresses Intermediary. The Buyer’s Rep Agreement is a sign of some sort of loyalty between the agent and the buyer.
Who Should Hold Open Houses?
This is always an important consideration. According to Hargis, an agent employed assistant who has a real estate license is fine to hold an open house; however, if the assistant is unlicensed, the assistant should not be allowed to hold and open house. As for unlicensed persons, they can hold open houses, but Hargis does not recommend it. He says that they are not supposed to say anything, but you can never be sure whether that person will give out information or say something that he or she shouldn’t.
What legal issues or questions do you have? It’s very important to have reliable legal resources whenever controversial issues or questions arise.
by Michelle Sandlin on January 31, 2010
I have had many proud moments since coming back to John Daugherty, Realtors to lead the company’s Global Relocation Services Division in December of 2008. So many wonderful things have happened over the past 14 months, and so many accomplishments have peppered the way. But I don’ t think that I have had a prouder moment than on Tuesday of last week. That is when I received John Daugherty Realtors’ Department of the Year Award as the Director of Global Relocation Services.
Our company gathers towards the beginning of each year for a Celebration Breakfast to honor and recognize the many accomplishments of the past year. On Tuesday, John A. Daugherty, Jr. kicked off our celebration by discussing our company’s sales volume and other statistics for 2009. Wow, what a great year 2009 was for us in spite of the economic challenges that have affected our country!
Then John announced the Department of the Year Award. When he said the words, ”This year our department of the year award goes to Global Relocation Services,” I stood up and approached the stage as if I was being presented with the Oscar. I can’t tell you what this award means to me and what it represents. I love what I do so much, and feel so lucky that I get to do what I love, where I love to do it.
I rejoined John Daugherty, Realtors, as part of the company’s strategic hiring initiative during the last quarter of 2008. When I got there, I had a great deal of work ahead of me in the Relocation Department, but the potential that I saw there was unlimited. And that is exactly the way that I approach my position there and the steps that I have taken to make our company the leader in Houston Relocation and real estate services.
Since 2000, the focus of my career has been on the relocation industry, but it has only been since my return to John Daugherty, Realtors that I have seen it flourish by leaps and bounds. To what to I attribute this? That’s a very easy question to answer. I am given complete autonomy to do the job that I have been hired to do, while receiving incredible support from John Daugherty and the wonderful management team that I am fortunate enough to work with everyday. I am also very motivated by the excitement of the relocation industry in general, and I work very hard to continue to establish myself and our company as the best choice for real estate / relocation services in Houston, Texas. To that end, I am very active within the real estate and relocation community on a local, national and international level.
I am very passionate about my profession and the many relocation business opportunities that I successfully bring to John Daugherty, Realtors. This has been the driving force behind everything that I do and will continue to do in the years to come.
Indeed 2009 was an excellent year for our Global Relocation Services Division; however, I hope that it will pale in comparison to the many plans I have in store for 2010 and far beyond. Thanks to the many strategic partnerships I have made, speaking engagements and presentations that are in the works, and my involvement and membership in various key organizations throughout the relocation industry, I know that 2010 will be an even better year than 2009.
Lastly, I want to give a shout out to my business coaches (you know who you are). Thank you for always being there, believing in me, putting my name out there over and over again, and for always helping me to raise the bar.
by Michelle Sandlin on January 25, 2010
I have said it many times, “Houston is a great place to live.” I especially love being able to share all the wonderful things that Houston has to offer with people who are relocating here. True, this is an important part of my job as Director of Global Relocation Services at John Daugherty, Realtors, but it is also the truth. From our great shopping and restaurants, to all the great sporting events, arts and culture, parks and trails and much more…Houston really has it all.
Here’s a new one for you:
Houston is the Global Center of Excellence for International Human Resources.
For the past three years, I have been involved in the Houston International HR Roundtable. This is a fantastic group of individuals comprised of the HR community and the service professionals who work in partnership with them. During the time that I have been involved in this group, I have come to know its leader, Larry Scott, who has done an exceptional job at bringing great speakers and educational opportunities to the group. He has also incorporated networking Happy Hours, which has helped bring the members of this group together.
At the end of 2009, Larry Scott formalized the group, adding structure and varying levels of membership and sponsorship opportunities, while enhancing membership benefits. He now serves as president for the group and is the visionary for its future.
So, what is Houston International HR Roundtable?
Houston International HR Roundtable is committed to developing Houston as the Global Center of Excellence for International Human Resources. It is the leading education and networking professional organization in Houston for international HR professionals, including international and domestic service providers.
The vision of the group is to develop Houston as the Global Center of Excellence for international human resources.
I was absolutely thrilled when Larry approached me and asked me to Chair the Global Center of Excellence Committee. He felt that I would be a perfect fit, given my work within the Relocation Industry and the contacts that I have locally within the Houston Relocation and HR community.
The Global Center of Excellence Committee is focused on bringing increased recognition to Houston as the Global Center of Excellence for International Human Resources in accordance with the vision statement of Houston International HR Roundtable. This committee works in conjunction with our other committees to promote Houston and its value as a global leader in international HR. I am very excited to be the Chair of this important committee, and look very forward to assisting in bringing recognition to the Houston as the Global Center of Excellence.
If you are interested in membership or more information about Houston International HR Roundtable, please visit:
Houston International HR Roundtable. To view upcoming events, please click here: Events Calendar.
by Michelle Sandlin on January 21, 2010
Breaking news has been circulating all morning about CARTUS‘ acquisition of Primacy. CARTUS is a subsidiary of Realogy, a leading global provider of real estate and relocation services. This is obviously big news in the relocation industry.
According to Richard A. Smith, president and CEO of Realogy, “This is a strategic acquisition for CARTUS – one that will enhance its domestic operations, substantially broaden its global capabilities, and firmly position it as the leading relocation services provider to the government sector.” He adds, “This acquisition positions Realogy for strategic growth across our international and domestic businesses.”
Please click here to read the press release: CARTUS Acquires Primacy Relocation
John Daugherty, Realtors has had long-standing relationships with both CARTUS and Primacy, and looks forward to continued opportunities as a result of this acquisition. Please weigh in and let me know your reaction to this news. All comments are welcome!
