Over the time that Citrus County Habitat for Humanity has been in existence here in our county it has assisted more than 200 families. It has done so by providing decent and affordable housing to people who have a need, ability to pay and a willingness to partner with Habitat.
Recently, the newest project in Citrus Springs witnessed the “Blessing of Walls” of two new Habitat homes currently under construction. What a day of celebration it was for the new homeowners, as well as all the partners who work with Habitat to make these dreams of home ownership become a reality.
These are the first two homes of a 100-home development that is taking shape in Citrus Springs. This development has been in the making for over three years. Many people and organizations have given of their time, money and effort to make it a reality.
By the generosity of the community and the sale of surplus land owned by Habitat, it purchased the Citrus Springs property. During this year’s Legislative Session, the Florida State Legislature allocated and the governor approved $2.5 million, which has been used to underwrite the costs of infrastructure: roads, sewer, water, and storm drainage. This entire project carries no debt. Kudos to Habitat for this accomplishment.
This is a special time for the proud owners of the new homes. They have been working diligently to follow the guidelines and requirements, which make them eligible for the program. Even before being approved to be a Habitat Partner, people must go through initial informational sessions that explain all of the effort and involvement that will be required.
Some do not even make it through the introductory session when it is explained all of the hard work will be required to own a home through this program. The work includes working at the construction site of their home, the Habitat ReStore and other duties. One can only imagine the excitement when the new owners move into the home that they have worked long hours to construct. How much joy they realize when all of their sweat equity results in a place – their own place – that they own.
With the dramatic increase in the price of housing and the ever-rising mortgage interest rates in the country and in our county, it is truly a blessing to know that Habitat is providing our work force citizens with an opportunity to be homeowners.
We are proud of the Habitat leadership for its hard work and planning in providing this opportunity to people who might not necessarily be able to be homeowners without this program. Much appreciation should be extended to the community members who have supported this program through the years, both financially and in so many other ways. And, of course, the Florida Legislature is to be commended and thanked for the money they have provided which has underwritten the project’s infrastructure.
What a victory and a blessing for the new home owners. Celebrations are in order. And what a victory for our community to see affordable housing available for people who are diligent and willing to work hard to provide a home for themselves and their families.
Local homebuyers are browsing properties online, gravitating toward south Lafayette Parish and surrounding parishes, and purchasing homes with modern amenities.
Those trends have emerged in the first part of 2022 according to Latter & Blum Acadiana. And, despite the recent interest rate increase, buyers will still have financing options if the perfect home comes on the market.
We spoke to Lori McCarthy, managing broker with Latter & Blum Acadiana, about the local residential real estate market this year and what people can expect for the rest of 2022.
What have been some of the larger real estate trends in Acadiana so far in 2022?
One of the biggest trends is the increased use of digital media to shop for homes. Whereby 10 years ago, buyers would view 20-plus houses before making a decision, buyers are making offers on houses now without ever stepping foot in them. As Realtors, it’s important to effectively use our photos and videos to properly depict a home’s features, since most buyers are beginning their search on computers and smartphones.
We’re also seeing buyers moving to more rural areas of our market, possibly because prices are more affordable outside of Lafayette Parish. The average price for homes sold in the first half of 2022 in Lafayette Parish was $297,000, while they averaged $270,000 in the entire Acadiana area.
As far as design trends, we still see neutral painting and cabinets, but we are starting to see some color in accent walls and the return of wallpaper to break up the monotony of a single paint color. Wood-looking vinyl plank flooring is very popular and can be seen in new homes in all price ranges.
The “sweet spot” for sales has been $150,000 to $299,999. What kind of home can someone expect to buy at that price point in Acadiana?
According to Latter & Blum’s most recent Market Report, since January 1, 2022, 55% of all Acadiana home sales have been in this range. The homes vary greatly based on location, age and condition of the home. For instance, in Iberia Parish, a few newly constructed homes were priced between $197,500 and $262,000. These had 1,400 to 1,625 feet of living area, granite or quartz countertops, stainless appliances, vinyl plank flooring and open floor plans.
Lafayette Parish offers a wider range of homes in this price range, usually with three or four bedrooms. The lowest priced new home sold for $169,999 in The Cove subdivision and had granite counters, vinyl plank flooring, a post-tension slab and fully sodded yard. On the upper end of the range were homes in Fairhaven and Acadian Meadows that sold for closer to $299,000 and featured upgrades such as custom-tiled showers with frameless doors, under-mount sinks, LED lighting, tankless water heaters and smart connect thermostats. Most of these homes had four bedrooms, two baths and 1,800 to 2,400 feet of living area.
What areas in Lafayette Parish have been most popular among homebuyers? What about the surrounding parishes?
Within Lafayette Parish, the area with the most sales in the first half of 2022 is between Verot School Road/Highway 90 and Highway 92, with 356 sales. The average sale price here was $319,859. This area, combined with much of south Lafayette from Johnston Street/Ambassador Caffery, plus Broussard and Youngsville, had almost 800 of the 1,800 sales since January.
Outside of Lafayette Parish, we are seeing growth in the more rural parts of Iberia, St. Landry and St. Martin parishes.
This map shows different real estate areas in Lafayette Parish. Area O has been the most popular among homebuyers so far this year.
What impact do you think the recent interest rate hike will have on the local real estate market? What should buyers and sellers do in light of this change?
If people are ready to buy, they shouldn’t let interest rates stop them, since we believe they will only increase as the year goes on.
Buyers have many options. They can look into Adjustable Rate Mortgages (ARMs), especially if they only plan to stay in their home for five to seven years. They can also buy down the interest rate or negotiate for the seller to help with this in lieu of negotiations on price.
Potential buyers should also make sure their credit score is in the highest range possible to benefit from the best available rates and work with local mortgage companies who know and understand the Acadiana real estate market.
Sellers should remember that while we haven’t seen rates like these in several years, people are still buying homes. They understand that once rates stabilize or come down in the future, they can refinance their home, using their equity in it for the best rates.
Latter & Blum has local offices at 2000 Kaliste Saloom Road in Lafayette, 209 West Main Street in New Iberia and 220 Prescott Boulevard in Youngsville. For more information or to speak with an agent, visit www.latter-blum.com.
Keokuk City Hall has been at 501 Main St. for almost a year now, but the city still owns the property at 415 Blondeau, where the old city hall was located before it was heavily damaged by fire and then demolished.
At the regular city council meeting last week, City Administrator Cole O’Donnell told the council there was some interest from a resident in buying the property. That person, however, did not want to pay the recently appraised value of the property, which came in at $25,000.
The property consists of almost two lots, with a paved parking lot on some of the property.
O’Donnell said in order to dispose of the property for less than the appraised value, the city will need to open the lot up for bids. Written and sealed bids will need to be submitted before 2 p.m. on Friday, July 1 at Keokuk City Hall. The bids will be opened starting at 2:01 p.m. that same day.
The council will then hold a public hearing on the proposed property sale at 5:30 p.m. on Thursday, July 7, the next regular council meeting. If the high bid is accepted, the council will enter a final resolution authorizing the sale.
Special use permit change
The city took another step forward in changing the special use permit ordinance to add homeless shelters into the ordinance. The council also will hold a public hearing on that, with possible passage of the first reading at the next council meeting on Thursday, July 7.
The Keokuk Homeless Support Alliance with help from Tribulation and Trust Ministries made the request for the change as those entities are seeking to open a homeless shelter in town. It was found the city code did not have that as a special use, so the process was started to add that to the ordinance.
Syncing Main Street traffic signals
Was it 17 mph or 22 mph that a person had to drive to hit all the green lights on Main Street. Different people gave different answers, but in the last few years, that decades-old advice has gone out the window as the lights have been out of sync with some intersections being upgraded.
The old controllers manufactured decades ago were no longer going to have parts available to keep fixing them.
But when several intersections were upgraded, the city could not get the lights all on the same pattern. There was a discussion about taking out several more traffic signals downtown, instead of spending the estimated $70,000 to upgrade the controllers at Eighth, Ninth and 10th streets.
In the end, however, the city council decided it wanted those traffic signals to remain. Public Works Director Robert Helenthal told the council, once they are all upgraded, they should be able to get synced up like they used to be.
Last Thursday, he requested permission to go ahead and order the controller upgrades. The bill won’t come through until after the start of the fiscal year, due to the lead time for the order. He said costs continue to go up, so he wanted to get them ordered to lock in the price.
The estimated cost is now $70,539, which is $539 more than was budgeted for the project.
The council approved the purchase.
WESTERLY — The Town Council voted 4-2 on Tuesday to authorize the sale of the Bradford School property to Trendsetter Properties LLC, a Watch Hill-based development firm, for $750,000.
The company plans to develop the 7-acre property with apartments or condominiums, according to Jeffrey Pucci, a company principal. The council’s vote to sell the property is contingent on town officials first resolving a potential obstacle to specific uses of the property.
According to town officials, the town accepted $50,000 from the federal Land and Water Conservation Fund several years ago to develop outdoor recreation facilities on a portion of the school property. The question to be resolved is whether a condition of the grant of using the property for recreation runs in perpetuity regardless of whether the property is sold or whether a new owner can develop the property for other uses.
Town Council President Sharon Ahern, during an interview on Wednesday, said she was confident the town would be able to follow through on the sale to Trendsetter Properties LLC. The town’s land records do not include documents outlining a requirement for the recreation use.
“If it is not recorded in the land records it is very difficult to prove the use runs with the land,” Ahern said.
Pucci, during an interview with The Sun, said it was premature to discuss details of what is company will do with the property.
“Most likely it will be residential housing in the form of apartments or condominiums,” Pucci said.
Trendsetter Properties LLC is also working on plans to develop the former St. Pius X School into housing and a related company is developing the Brown Building on High Street with 13 apartments on the second floor and a new street-level restaurant and retail space. Pucci and a business partner also developed apartments above Mel’s Downtown Creamery, at 37 West Broad St., Pawcatuck.
Pucci said he is aware that some residents of Bradford have pushed for the town to retain ownership of the Bradford School property, but he said the school building is in a state of disrepair due to a failing roof.
“It would only be the Westerly taxpayers who would have to pay to make those repairs or pay for it to just sit there. I hope the idea of a developer coming in will make people happy,” Pucci said.
Ahern said developing the Bradford property for residential use will inject new energy into the community.
“To my mind some form of housing, preferably for seniors or affordable housing, is an excellent use of the property. I think it is definitely needed and would bring life to that area,” Ahern said.
Town Councilor Brian McCuin said selling the property is the correct choice.
“Now it’s a revenue-generating asset. Before it was costing the town money, so it was time to get rid of it,” McCuin said.
Trendsetter Properties LLC, McCuin said, is a trustworthy buyer.
“I think they’re legit. They’ve done this kind of project before — redeveloping an area and bringing it back into a usable condition,” McCuin said.
Ahern, McCuin, and Councilors Caswell Cooke Jr. and Karen Cioffi voted in favor of the sale. Councilors Philip Overton and Suzanne Giorno voted against the sale. Councilor Christopher Duhamel recused from the vote. The council initially voted in a private executive session and then announced its vote after briefly resuming the public portion of its meeting.
Councilor Philip Overton, who voted against the sale, said he was not dead-set against selling the property to Trendsetter Properties LLC but was hoping the council could find a potential buyer with different plans.
“I wanted to hold out for a medical center of some sort,” Overton said.
More specifically, Overton said, he would have preferred selling the property to a developer for doctors’ offices or other medical services.
William Aiello, a Bradford resident and former member of the Town Council, said he was caught off-guard by the council’s actions. For years Aiello has advocated tirelessly for for the property to be returned to use as a school or as a potential community center.
“I was totally blindsided by the town council’s actions at their meeting Tuesday night, especially after speaking during citizens comments and explaining the progress of our Bradford Community Group,” Aiello said.
The community group has been brainstorming ways to improve the village and looking for ideas on how to use the Bradford School property.
“Councilors Giorno and Overton are undoubtedly the only two sensible councilors regarding this matter. They actually demonstrated care and concern about the neighborhood and want the community to play a major role in deciding what and how the property is used,” Aiello said in comments to The Sun.
The Bradford School was taken offline as a school following the conclusion of the 2016-17 school year. It eventually was used as office and program space for the Recreation Department and other organizations, including youth sports and cheerleading. In March, the council voted to ask Town Manager Shawn Lacey to begin marketing the property for sale. Members of the Planning Board recommended the council not sell the building and said it was needed by the town.
The property has an assessed value of $3.6 million. Lacey recently said that the $750,000 asking price reflected market value and that the $3.6 million figure was the potential cost the town would face if the school building had to be replaced for use as a school.
CONNEAUT LAKE — After a split vote, the Municipal Authority of Conneaut Lake is moving forward with possibly selling bulk water to a potential housing development in Sadsbury Township.
Conneaut Lake Properties LLC of Wexford wants to build a more-than-100-unit mixed-use housing development in the township called Reflections on Conneaut Lake.
It would have 22 single-family homes, 37 carriage homes and 44 townhouses on a 75-acre site near Pymatuning Avenue and Aldina Drive, about a mile north of the borough.
The company wants to have the municipal authority sell it water in bulk rather than drill its own water wells and have its own water system on the property.
Authority members split the vote Monday 2-1, with one abstention and one member absent from the vote, to go forward with preparations of a developer’s agreement between the authority and Conneaut Lake Properties on the sale of bulk water.
Under Pennsylvania case law, the vote counted as approval as there was a quorum of members for the vote and a majority of those present voted in favor.
Board members Mario DeBlasio and Jim Tigri voted having the authority’s attorney, Brian Cagle, and engineer Steve Halmi, of Deiss & Halmi Engineering, start work on a proposed agreement while Chairman Carl McLean voted against it, saying the matter was unclear at this point.
Rob Golenburke abstained after previously having asked for the matter to be tabled pending more information.
Alan Baldarelli was in attendance at the meeting, but had left prior to the vote which took place about 8:45 p.m. Monday.
Prior to his departure, Baldarelli expressed a number of concerns to Joseph Katzfey, a representative of Conneaut Lake Properties.
Baldarelli said he was concerned that the authority only has two water wells and that one of those only is operating at 50 percent of its capacity. Baldarelli said he couldn’t vote for a bulk water sales agreement until the authority had well improvements or a new well to add capacity
Prior to the vote, DeBlasio pointed out the developer has put $8,000 toward paying for staff time to develop a potential agreement.
The agreement would look at things like capacity, cost, and its impact on rate payers on the system.
“They’ve been here twice, spent money on it,” DeBlasio said. “We should do what they’re asking. If it turns out it’s not good for the rate payers, we should stop and not do anything. The one thing we should not do is drag our feet for months and months and months.”
Cagle pointed out Sadsbury Township would be required to approve any bulk water agreement between the authority and Conneaut Lake Properties if water lines were to go into the township. However, Sadsbury would not be required to be a partner to the agreement itself, he said.
DeBlasio said he knew of no circumstance where the authority could move forward if Sadsbury were to object to a bulk water sale.
Conneaut Lake Properties prefers to get a bulk water sales agreement from the authority, but could drill its own water wells onsite if needed to have the project move ahead, Katzfey told the authority.
SUNBURY — City Council members approved the first reading of the much-debated commercial property ordinance in Sunbury after giving the public a chance to raise concerns Monday night.
Mayor Josh Brosious led the public meeting for commercial property owners to discuss any concerns before City Council members met to vote on the first reading, which will now require commercial property owners to be inspected by an outside agency every three years.
“The inspections required under this ordinance will be carried out utilizing the IMPC 2015, (International Property Maintenance Code), by the city’s designated licensed inspector, by North East Inspection Consultants,” Solicitor Joel Wiest said.
Wiest said the ordinance does not require current code compliance and standards. It is intended to provide a standard for the maintenance of equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order.
“This ordinance will require that the safety systems already in place in a commercial building be in working order, and that minimum structural safety standards are met,” said Wiest.
The cost for each inspection will be $200, and inspections will be required on a three-year basis, according to the ordinance.
The inspections will not become mandatory until Jan. 1, 2023, so that business owners have time to prepare for the fee, according to council members.
Brosious said the ordinance is for the good of the city and the safety of people who are entering the structures.
Council also thanked the Degenstein Foundation for matching a grant the city applied for. The city applied for a grant for the S.W.E.E.P project, and received $125,000. The Degenstein Foundation matched the grant.
“We are very thankful to them and continue to help and support the city of Sunbury,” Brosious said.
Brosious said the project will be beneficial to the city and surrounding areas.
TRAVERSE CITY — Local realtor Camille Campbell said the specifics of a new kind of right-to-list contract a Florida broker is offering some homeowners in northern Michigan has her feeling uneasy.
“My concern isn’t about getting a listing or not, it is about the choices people may be giving up when they sign one of these agreements,” Campbell said.
MV Realty of Delray Beach is offering contracts — called the Homeowner Benefit Program — that pay up front money to homeowners whether or not they have plans to sell their home, information on the company’s website states.
“MV spends substantial time and resources to ensure that it always operates in a way that is consistent with the law,” the company said in a statement provided Thursday.
“With regard to Grand Traverse County, MV has only entered into five Homeowner Benefit Agreements in the county, all of which were signed by the homeowners knowingly and voluntarily before a notary, and after those individuals had spoken to a licensed agent about the program.”
The contracts are not listing agreements, but rather a contract between two parties — a homeowner who makes a promise and MV Realty which pays the homeowner a set amount of money in exchange for that promise, the statement said.
The specifics are this: In exchange for between $300 and $5,000, homeowners sign an agreement stating if they decide to sell, MV Realty has the exclusive right to list their home on commission, generally six percent, as spelled out in the agreement.
Campbell and other local real estate professionals say what they find problematic is not the up-front money, but the length of the agreement, which company documents show lasts 40 years.
In contrast, a standard listing agreement from a licensed realtor in Michigan typically lasts three, six or 12 months, said Chris Lambert, co-owner of Northern Title Agency.
Additionally, the Homeowner Benefit Program agreement states if the homeowner defaults on the agreement during that 40 years, whether by losing the home through foreclosure, listing the home with another realtor or listing it for sale by owner, the homeowner would owe MV Realty an early termination fee equal to three percent of the property’s fair market value.
Homeowners also waive their right to be party to a class action lawsuit, agree to allow MV Realty to use photographs of them in company marketing materials and agree MV Realty can delegate some or all of its obligations to others, a copy of the agreement states.
“If at any point during the next 40 years, they decide to sell, MV wants to work with its customers to successfully sell their home,” the MV Realty statement reads. “Once the property is sold under the terms of the MV agreement, the HBA terminates.”
Local filings
Staff with Antrim, Benzie and Leelanau county Register of Deeds offices searched for MV Realty listing agreements and reportedly found none listed.
Grand Traverse County Register of Deeds Peggy Haines said as of early June, four such agreements have been filed with her office, three of which she recorded and one she rejected for a notary error.
“My concern with these documents is whether or not people fully understand what they are signing,” Haines said. “And, maybe they’re not worth the amount of money property owners would be getting up front.”
Calls to three of the four local homeowners who records show signed these agreements went unreturned.
The fourth, James Leurck, Sr., said he did recall signing a real estate agreement, though did not immediately recall it was with MV Realty.
His son and namesake, James Leurck, said his dad was approached by MV Realty, though he wasn’t sure how the company got his father’s name. Leurck said MV Realty offered Leurck Sr. approximately $1,500 up front, and in January sent a notary public to the family’s Peninsula Drive home.
MV Realty said in their statement, the company only reaches out to individuals who have submitted inquiries requesting information either to MV directly or through third party websites, which are then directed to MV from whom the consumers consent to receive information.
Leurck said the notary who met with them at their home explained the paperwork and notarized Leurck Sr.’s signature on a Homeowner Benefit Program agreement.
The home is not for sale and James Leurck said he and his father understood the terms of the agreement. His father signed it with that understanding.
“As far as I know, they have rights for whatever amount of time but only if we decide to sell the house,” James Leurck said. “It’s totally up to us if and when we decide to sell.”
The MV Realty agreement documents filed with the Register of Deeds office aren’t the full agreement, Haines said, but rather a referencing document called a “Memorandum of MVR Homeowner Benefit Agreement,” which alerts an interested party — say a bank, a mortgage company, a title company or a beneficiary — that an underlying agreement exists.
‘Runs with the land’ for 40 years
The two-page memorandum and the multi-page full agreement both include the 40-year timeframe, records show, and state obligations in the agreement “run with the land.”
That is a real estate contract term, Haines said, that means the homeowner’s obligation to list with MV Realty lives on with beneficiaries, in the event the homeowner who signed the agreement dies during that 40-year timeframe.
Traverse City real estate and municipal law attorney Scott Howard also pointed to the length of the agreement as unusual.
“Forty years is an extraordinarily long period of time for you to commit to a single realtor or real estate agency,” Howard said. “I have been doing this work since 1997 and I have yet to see an agreement like this one.”
Neither Howard, Lambert nor Campbell have worked with a client who signed a Homeowner Benefit Program agreement, they said.
“As realtors, the challenge is we wouldn’t know about these agreements until after the fact because my understanding is they go direct to the homeowner,” Campbell said.
Lambert said title companies, too, would likely first become aware of the agreement after they were signed by the homeowner.
“These are agreements that are being signed without title companies,” Lambert said. “We’re not involved until people go to refinance or sell. This is new. I’ve never seen anything like it before.”
Lambert said he cannot give advice on whether homeowners should or should not enter into such an agreement, though did say if a client asked his opinion, he might respond with some questions of his own.
Such as, whether or not the client had seen an MV Realty “For Sale” yard sign in northern Michigan — meaning, would the company have a presence here in the event the homeowner decided to sell, and MV Realty was responsible for marketing and selling the property.
MV Realty said if a homeowner under contract decided to sell, that’s when a more traditional listing agreement would be signed.
Transaction broker vs. seller’s agent
At least some Homeowner Benefit Agreements state MV Realty would be the property owner’s listing agent, but would act “strictly as a transaction broker” — a legally neutral third party who doesn’t work for the buyer or the seller but assists with coordinating details of a transaction.
The Michigan Realtors Association calls these brokers “transaction coordinators” and a policy document states transaction coordinators can introduce buyers and sellers, but cannot list a property for sale in the state’s Multiple Listing Service or be involved in price negotiations — only a seller’s agent can do that.
Michigan realtor Mary Doa, based in Howell, is listed on MV Realty’s website as the company’s Michigan agent. Doa declined comment on whether she would be the seller’s agent and referred a reporter’s questions back to the corporate office in Florida.
“MV will only operate its business if it is complying with all applicable laws, at all times,” the company said in its statement. Records show the HBA includes a three-day right-to-rescind option.
Haines in Grand Traverse County said she is alarmed enough by the lengthy term of the agreements to send a letter to homeowners whenever an MV Realty agreement is filed with her office.
“It appears that this document may be placing a 40-year lien on your property,” Haines’ letter states. “If you were not aware of this being recorded and have any questions regarding this document, please contact me.”
The Better Business Bureau has logged 25 complaints against the company in the past three years, records show, with complainants expressing concerns about what they called deceptive practices, among other issues. The BBB also gave the business an “A” rating, though notes customer reviews are not used when calculating the rating.
MV Realty representatives have responded to most if not all of these complaints in writing, sometimes at length, with details on how potential clients are identified and contacted.
Records in various state courts show civil lawsuits have been filed in relation to the Homeowner Benefit Program, either by homeowners seeking to vacate the agreement or by MV Realty seeking to enforce its terms or attach a lien to a foreclosed property.
Nationwide plan to ‘securitize’
A federal lawsuit between MV Realty and an investment firm, however, show plans for a grander purpose beyond real estate sales, was part of the company’s initial foray into right-to-list contracts.
U.S. District Court filings show Innovatus Capital Partners, a New York-based investment advisor and portfolio management firm, approached a shareholder of MV Realty in 2017, with what one attorney described as a new and novel business opportunity.
“The opportunity was to join with Innovatus to be the first in the market in the United States to sign forward right-to-list contracts with real estate owners and to then, if a sufficient number of these contracts were signed, securitize them,” said attorney Leo George Kailas.
Kailas was arguing on behalf of Innovatus, during a 2019 oral argument in front of the U.S. Court of Appeals for the Second Circuit.
In a nutshell, MV Realty would produce right-to-list contracts and Innovatus would securitize them, court filings show. Federal court filings by MV Realty state as of 2018 or 2019, the company had generated “well over” 10,000 right-to-list contracts in the U.S.
Innovatus, according to court filings, spearheaded the idea that bundling large numbers of listing contracts could closely mirror residential real estate appreciation and be attractive to investors.
The relationship between the two entities was short-lived, however, and in 2018 Innovatus filed a federal lawsuit against some MV Realty shareholders and officers for breach of non-disclosure agreements, court records show.
MV Realty disputed these claims, as well as the relief sought by Innovatus, and counter-sued.
A federal district court judge dismissed some of Innovatus’ claims, Innovatus appealed, a U.S. Appeals Court panel heard arguments and remanded portions of the case back to the U.S. District Court for the Southern District of New York.
MV Realty attorneys have repeatedly argued the relief sought by Innovatus — that MV Realty be prohibited from pursuing right to list contracts of any kind, anywhere, for six years — is a boundless and unenforceable restriction.
The company stopped executing the original right-to-list agreements in 2018, court records show, and subsequently trademarked its Homeowner Benefit Program.
This action was not a breach of non-disclosure agreements, MV Realty stated in court filings, as these kind of agreements have long been in the public domain.
Court filings do not state plans by the company to securitize the Homeowner Benefit program agreements, records show.
Local realtors polled informally said exclusive right-to-list agreements are common, and that many realtors use them frequently, though payment of up-front money to a seller by a realtor or real estate company is unusual or even non-existent — as is the 40-year timeframe — at least in Michigan.
The Homeowner Benefit Program agreement is something new in the state, said Haines, who added she will continue to record the documents if legally in order, and will then respond with her letter to homeowners.
On Wednesday, a fifth Homeowner Benefit Program agreement memorandum was submitted to her office, Haines said.
SUNBURY — The much debated commercial property ordinance in Sunbury will be discussed again on Monday prior to a City Council meeting.
According to solicitor Joel Wiest the city will hold a public meeting on Monday at 5:30 p.m. in council chambers at City Hall, relative to changes to and implementation of its commercial property inspection ordinance.
“The inspections required under this ordinance will be carried out utilizing the IMPC 2015, (International Property Maintenance Code), by the City’s designated licensed inspector, by North East Inspection Consultants,” Wiest said.
“The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance.”
Wiest said he wanted people to understand the ordinance.
“To be very clear, this ordinance does not require current code compliance and standards, it is intended to provide a standard for the maintenance of equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order,” he said.
“So basically, this ordinance will require that the safety systems already in place in a commercial building be in working order, and that minimum structural safety standards are met.”
A few examples of things the inspections will cover are clear ingress and egress from the building, emergency lighting, exit signs, smoke/carbon monoxide detectors, fire extinguishers, sanitation, required GFI receptacles, properly installed electrical and plumbing fixtures, and structural soundness,” Wiest said.
“This ordinance is being implemented solely to ensure the health and well-being of the patrons, employees, and other users of commercial buildings in the city of Sunbury,” he said.
There has been much discussion of the implementation of fair and recognizable exclusions from this ordinance. To be clear, at this time, the only buildings which will be excluded will be those which have been properly inspected under the IPMC 2015 within the previous three year period. Owner occupied structures, unused structures, and others will be required to obtain inspections due to the impossibility of ensuring that the same are used only by the legal owners thereof, and given the fact that even if solely owner occupied said buildings could impact neighboring structures.”
The cost for each inspection shall be $200, and inspections will be required on a three year basis, according to the ordinance.
However, due to the public interest in cost hereof, the inspections will not become mandatory until Jan. 1, 2023, so that business owners have time to prepare for the fee, Wiest said.
“Any business owners who wish to immediately undergo the inspections required under this ordinance may do so immediately upon passage of the new ordinance. Further, local, state, and federal government buildings not inspected within the prior three years will be inspected, but not charged by the city for said service,” he said.
Sunbury Mayor Josh Brosious said the ordinance was implemented to ensure the safety of the owners and residents.
Council meets at 6 p.m. on Monday.
Gordyville USA is for sale.
The 39.1 acre business, located at 2205 County Road 3000 N., Gifford, is being sold by Champaign commercial realtor Jon Fisher for $4 million. It was officially listed Wednesday.
Established in August 1988 by Gordon Hannagan and wife Jan, who have both since died. Their children, Jody Quiram and Mary Hannagan, Jim and Ed Hannagan, brother-in-law Randy Frerichs and sister-in-law Hillary Hannagan, are the present owners and are offering the business for sale.
“We’re all entering our 60s and getting close to 70, and none of our heirs are wanting to take it over,” said Quiram. “We’re kind of looking to slow down.”
The decision to sell the business came after the death of two siblings, Bud Hannagan, who died in 2015, and Patty Frerichs, who died in February of this year.
While Gordon and Jan’s children said they would like to see it continue as an auction house, it could become a manufacturing facility, warehouse or a distribution center, with plenty of room to expand.
“The buildings are in excellent shape,” said Fisher. “They put a lot of money into them.”
Besides horse shows, Gordyville has hosted fundraisers such as the University of Illlinois’ Coaches vs. Cancer, rodeos, country music concerts, livestock events, trade shows, the Gifford community Christmas craft show and the online small business, which is continuing to book until the end of the year, according to Quilam.
“There’s a lot there, so we’re hoping that someone will want to continue in what we do,” Quilam said. “It’s vital to the community.”
DALEVILLE – All In Credit Union is pleased to announce Gayla Land as the new Commercial Lender of Business Services. Land brings nearly two decades of sales and financial services experience to the Credit Union, adding value to Business Services operations with the addition of measurable sales strategies.
Land has 17 years of experience working in the financial services industry. She began in 2005 as the store manager of Wells Fargo in Dothan. In this role, she implemented individual and team sales goals and built partnerships with businesses and community members.
Before joining All In, Land served as the vice president and Financial Wellness Relationship manager for Regions Financial Corporation and as the corporate branch manager at Five Star Credit Union. Her desire to build community relationships and lead others to success led her to Leadership Dothan in 2010, where she learned the principles of teamwork and collaboration in the workplace.
Along with industry certifications and accreditations, Land received her bachelor of Psychology and Counseling, summa cum laude, from Troy University. With a strong passion for helping others, Land went on to learn American Sign Language to provide financial education to members of the Deaf community through the Alabama Institute for the Deaf and Blind.
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“Gayla’s experience in leadership positions has taught her the importance of being proactive in finding solutions for businesses so that their day-to-day operations run as smoothly as possible,” said Chad Meeks, vice president of Business Services at All In Credit Union. “All In Credit Union is proud to have Gayla Land in the role of Commercial Lender. We look forward to watching Gayla serve the business community with excellence.”
Land is looking forward to sharing her expertise and knowledge with All In. “I am delighted to join an organization focused on serving the banking needs of businesses in our community and being a part of such a phenomenal team.”