Tuesday, November 14, 2023

Thinking of buying your first home? I'm the agent you need by your side.



Are you embarking on your first home-buying journey? If so, I'm the agent you need by your side. Here's why:

Allow me to clarify why I stand out: I'm not your typical friendly agent who tells you what you want to hear. Instead, I provide you with straightforward facts and truths, ensuring you make well-informed decisions.

Specializing in older homes is my forte. With years of extensive training and personal experience, having owned multiple older homes, I've tackled every aspect of repairs, replacements, and even complete rebuilds. My philosophy is simple: there's nothing in or out of a home that can't be fixed; it just depends on your budget.

As we tour various homes, I am dedicated to educating you beyond your expectations. Many times, I uncover issues that should have been disclosed by the seller, ensuring you have a comprehensive understanding of each property.

When we discover that perfect home aligning with your preferences, rest assured that proceeding will be a smooth experience. My approach minimizes the likelihood of surprises during the home inspection, allowing you to proceed with confidence.

My expertise extends beyond property selection to include recognizing the value of homes and understanding market trends, both present and future. This knowledge safeguards you from overspending and ensures a wise investment.

Furthermore, my proficiency extends to efficiently handling paperwork and collaborating seamlessly with my trusted mortgage consultant of 27 years and my closing team of 28 years, should you choose to engage their services.

Your home-buying journey is not just about finding a property; it's about making informed decisions at every step, and I am here to make that happen.


Michael Gacek 
Realtor® since 1985 
Edina Realty

 


Friday, October 6, 2023

Ask about the home's listing history!

If you're thinking about purchasing or selling a property, please reach out to me at michaelgacek@edinarealty.com. I bring with me an extensive 38-year track record, boasting 995 successfully closed sales.



Often, when a house remains unsold for an extended period, the listing agent, with the seller's approval, may choose to terminate the listing, reduce the asking price, and subsequently relist it as a "New Listing" with the updated price, often on the same or the following day. Without inquiring, you might remain unaware of this occurrence, but it's essential to be aware of when it happened.

Why is it important to know this? It can provide you with valuable insights into the seller's motivations and help you determine the appropriate price for your offer.

 

Note: when a home buyer engages my services to advocate for them during a home purchase, I consistently prioritize this as part of the comprehensive support I provide to ensure my clients make informed decisions.


Monday, August 7, 2023

Can I have hidden cameras on during a showing of my home?

If you're thinking about purchasing or selling a property, please reach out to me at michaelgacek@edinarealty.com. I bring with me an extensive 38-year track record, boasting 995 successfully closed sales.

Dear Edina Realty Legal,

My home is currently listed for sale. I have a couple of hidden cameras for security purposes, but have been told that it is illegal for me to have the cameras on when I have open houses or showings. Is that true?

Well, that’s partly true and partly not. When it comes to hidden cameras and other recording devices, each state has its own rules. For the purposes of this article, we’ll just focus on those rules applicable to Edina Realty’s primary areas of Minnesota and Wisconsin.

In Minnesota and Wisconsin (and many other states) it’s important to distinguish between the recording of video only and the capturing of audio of conversations.

As a general rule, you are allowed to videotape (even secretly) in your own home.

There are a number of legitimate reasons a homeowner may want to install a hidden camera in their home. A camera could capture video evidence in case of a burglary, or the homeowner might want to keep an eye on their kids or pets.

For the most part, it is perfectly legal to have a camera taking video of what occurs within your home. This is true even if the camera is capturing video of someone without their knowledge. One big caveat to that general rule is that you are not permitted to place a camera with the intention or likelihood of capturing a person taking their clothes off — for example, in a bathroom.

However, you can’t typically record audio without the speaker’s knowledge or consent.

While it is generally permissible to record video, state regulations treat the recording of audio differently. In Minnesota and Wisconsin, it is against the law to use electronic means to intercept an oral communication when it is made with the reasonable expectation of privacy. These laws are generally focused on wiretapping, but can be applied more broadly.

An oral communication can be a conversation between two or more people, so a conversation between prospective buyers of your home and their agents would appear to fall into the definition of an oral communication.

So, in short, it’s generally ok to have a video camera in your home. However, if you’re going to have showings and open houses, you should adjust your camera settings to not record the audio.

Note: There is an exception to the law that allows a party to a conversation to secretly record that conversation — but you are not a party to the conversations between potential buyers and their agents.

The Edina Realty legal department serves as in-house counsel for Edina Realty and does not represent private clients. This article is not intended to provide legal advice.

Tuesday, July 11, 2023

Don’t settle for mediocracy!

If you're thinking about purchasing or selling a property, please reach out to me at michaelgacek@edinarealty.com. I bring with me an extensive 38-year track record, boasting 995 successfully closed sales.


It appears that authentic customer service and expertise are becoming increasingly scarce these days. Nonetheless, the valuable lessons imparted by my remarkable customer service mentors during my initial job at the age of 16 have remained etched in my memory. 

Here are the components that make up a high-quality service provider.

Knowledgeable: A service provider who possesses the necessary knowledge and expertise in their field is essential. They should have a deep understanding of their area of expertise, as well as an up-to-date knowledge of any changes or advancements in their field.

Ethical: Ethical conduct is essential in any professional service. It is important that the service provider operates with honesty, integrity, and transparency, and that they follow ethical standards set forth by their industry.

Reachable: A service provider must be accessible to their clients. They should be available to answer questions, provide updates, and address concerns in a timely and efficient manner. Clients should feel confident that they can reach their service provider whenever necessary.

Thorough: A thorough service provider pays attention to detail and ensures that all aspects of their work are completed to a high standard. They should take the time to understand their clients' needs and provide solutions that meet or exceed their expectations.

Personable: Finally, a personable service provider is one who is easy to work with and has good communication skills. They should be friendly, approachable, and able to establish a rapport with their clients. This helps to build trust and confidence in the service provider's abilities.

I'm a dedicated realtor, and if you're looking for these qualities in your home buyer or home seller representative, feel free to reach out to me, as these qualities define who I am.

Sincerely,
Michael Gacek
Realtor since 1985



Wednesday, May 10, 2023

Should a seller read a "property love letter" from a potential buyer?

If you're thinking about purchasing or selling a property, please reach out to me at michaelgacek@edinarealty.com. I bring with me an extensive 38-year track record, boasting 995 successfully closed sales.





Dear Edina Realty Legal,

I’m selling my home and a potential buyer sent me a letter with their offer talking about themselves and explaining what they like about the home. Is it okay for me to read it?

A buyer love letter

This type of letter is often called a “buyer love letter” and it’s a common buyer strategy to include it in an offer to persuade a seller to sell to them. While it is not illegal for you to read it, it does pose potential pitfalls, especially if it provides certain personal information about the buyer.

How “protected classes” may come into play

The Fair Housing Act, as well as the Minnesota Human Rights Act and the Wisconsin Fair Housing Law, prohibits discrimination in housing based on various “protected classes.” Both federal law, as well as state-specific laws, offer the same types of protections.

The identifiers that are covered by these laws include someone’s race, color, creed, religion, national origin, sex, marital status, disability, receipt of public assistance or any other lawful source of income, sexual orientation, gender identity, familial status, ancestry, age, and status as a victim of domestic abuse, sexual assault, or stalking.

While the exact definition of what is considered a “protected class” differs slightly between states and may be subject to more specific or different restrictions in certain cities or for certain properties (like senior living communities), it is a good idea to be mindful of all these protected classes no matter where you may be located.

Accepting or rejecting an offer based on the buyer’s personal details could be illegal, even if you aren’t doing so with any intention to discriminate. Unconscious or implicit bias is no less harmful than overt racism or other types of discrimination, and either can result in fair housing law violation.

Our advice

You should accept an offer based on objective offer terms, like price or closing date, not what “type” of person makes the offer. Basing your decision on any information related to any of the protected classes listed above is illegal.

It’s up to you to decide whether you want to review these types of letters with offers on your property or direct your agent to not provide them to you. You should talk with your agent about your decision on this before the offer process begins.

Whatever you decide, you need to be consistent. If you decide you want to consider this type of information, it’s important to be careful that you are not making any decisions based on any protected class characteristics of the buyers.

The Edina Realty Legal Department serves as in-house counsel for Edina Realty and does not represent private clients. This Insight is not intended to provide legal advice..

If you have other real estate questions, I have the answers; and if I do not, I have a superb legal department at my disposal who does.

Michael Gacek