Monday, October 11, 2010

Monday, October 11, 2010

New Listings
Click on the "New Listings" button to see agent view profiles of today's new listings.
MLS# 1607830 - 304 Quigley St, Edgerton - 3 bed/2 bath - $169,900 - Andy Hanson
MLS# 1607850 - 402 Franklin St, Sauk City - 4 bed/1 bath - $139,000 - Dasha Shy
MLS# 1607847 - 1714 Sheridan St, Madison - 1 bed/1 bath - $139,900 - Janet Johnson
MLS# 1607799 - 7229 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607840 - 7233 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607798 - 7237 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607844 - 7241 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607846 - 7245 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607843 - 7246 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607841 - 7250 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607797 - 7254 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley
MLS# 1607842 - 7258 Lily Ln - Crane's Nest Condos Vacant Land - Lynn Holley


New Accepted Offers
MLS# 1607031 - 1809 Blue Ridge Tr - Waunakee - Jason Guetzlaff


Agent Needed in Hollandale
I have friends who live in Hollandale (near Dodgeville) and they are looking to list their house. I promised to help them find an appropriate agent. I cannot list it... I don't work outside of Madison... nor do I work with rural properties. This is a 42 acre mostly wooded property with a house, barn, and horse pasture. They bought it in 2008 for $387,500. Please contact me directly by email or phone if you're interested.


Erica M. Laughlin
608/446-1067


Dryer Repair Recommendation
Anyone have a recommendation for a reliable dryer repair person? The heating element of my newer electric dryer went out. Contact me if you know of someone reliable to recommend. Text or Call 608-280-1464. Thanks!
Jessica Fox


WRA Legal Hot Tip
Q. An agent wrote an offer for a buyer on a short sale. The offer has not been approved by the bank and the offer expired. Due to this, a Cancellation Agreement & Mutual Release (CAMR) was sent to the seller and the listing office requesting the earnest money back. The property is being foreclosed and the seller will not sign the CAMR. Rather, he was trying to negotiate to keep some of the earnest money. If the property is foreclosed, does this automatically release buyer’s earnest money?


A. The listing broker cannot unilaterally decide to disburse the earnest money to the seller or to the buyer. The broker may violate the Wis. Admin. Code § RL 18.09 if the broker disburses without authority. While it is natural to want to help the side that “deserves” it, the disbursement of earnest money and other trust funds from a real estate trust account is controlled by rules that do not concern themselves with who is right or wrong, but rather establish a procedure that gives everyone a fair chance to make a claim on the funds.


Under the Wis. Admin. Code § RL 18.09(1) & (2) brokers may disburse the funds, for example, upon agreement of the parties in the form of a WB-45 Cancellation Agreement and Mutual Release or based upon provisions in an accepted offer specifically authorizing disbursement of earnest money in certain circumstances. Wis. Admin. Code § 18.09(2) establishes procedures for giving advance notice to the parties prior to a disbursement that may be in dispute. The rules are fairly mechanical and do not give the broker the right to decide who deserves to receive funds.


Lines 28-30 of the WRA Addendum SSO to the Offer to Purchase – Short Sale provide, “DEADLINE FOR LENDER APPROVAL: If Seller has not obtained all needed lender approvals on or before _______________________, 20___, Buyer may terminate this Offer by written notice to Seller and Buyer's earnest money shall be promptly returned.” This would appear to be an authorization granted within the contract as referred to in Wis. Admin. Code § RL 18.09(1)(f).

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