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Save Money & the Bay

February 3rd, 2009 -- by Alex Leigh

Most of us flush the toilet, or wash the dishes and laundry, and never think about where the water goes after it leaves our sight. Am I right? Well, why should we care anyways? Here is why we should all care:

All the pipes in your wastewater from toilets, sinks, dishwashers and washing machines come together into a single pipe, called a lateral, that runs from your house to a larger pipe, called a sewer main, under the street.

Most homes have a cleanout, a pipe that connects your sewer line to the surface of the ground, that helps prevent overflows inside homes.

The lateral is divided into two segments. The upper private segment extends from the house to the cleanout at the curb, also called a District cleanout, and the lower public segment extends from there to the sewer main.

As a homeowner, you are responsible for maintaining the upper lateral. Depending where you are in the country, your local sanitation department maintains the lower laterals. If there is no district cleanout, the homeowner is responsible for the lateral from the home to the sewer main.

In many areas, homes still have their original sewer lateral connection. The pipes are old, often made of clay with cement mortar joints. Over time, some have cracked or have separated joints, and sometimes the pipes have shifted out of place. These defects allow tree roots to grow into the pipes, which cause blockages.

Other causes of blockages include cooking oil and grease, the wrong things being put down the drain, and more. When pipes re blocked, overflows occur.

If you have a cleanout on your property, and a blockage occurs in your lateral, the overflow will occur outside your home. This may cause damage to your yard, your neighbor’s property, and, if the overflow reaches the storm drain, may harm the Bay.

If you don’t have a cleanout and a blockage occurs, wastewater will back up into your house causing potential health and property problems.

If you have an overflow or stoppage, call your district’s sanitation department first. They will evaluate the problem. If it is District related, they will fix it. If the problem is in the upper lateral, you will probably be advised to call a plumber.

Two Important Notes:

If you do not address the problem, there are risks involved/ You may be subject to fines for allowing wastewater to harm the environment through the storm drain, or you may be open to litigation from your neighbors for property damage.

Fortunately, there’s a good solution. Your local District may have what is called an Upper Lateral Program that can reimburse part of the cost of upper lateral replacement or cleanout installation. You must apply for reimbursement before you do the work-you can not bring in your receipts to the District afterwards for reimbursement.

Remember, keeping your upper lateral in good shape is better for the environment, and may save you thousands of dollars.

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Understanding Agency

January 8th, 2009 -- by Alex Leigh




Happy New Year dear readers! I was schmoozing with a few fellow party attendees on the 1st, when I realized that many people still don’t truly understand what “Agency” means. It’s important to understand what legal responsibilities your real estate salesperson has to you and to other parties in transactions. Ask your salesperson to explain what type of agency relationship you have with him or her and with the brokerage company next time you buy or sell.

1. Let’s begin with the Seller’s representative (also known as a listing agent or seller’s agent). A seller’s agent is hired by and represents the seller of the property. All fiduciary duties are owed to the seller. Now, I know what you are wondering: What the heck is fiduciary duty? It means that your agent owes you the duty of utmost good faith and must not put him or herself in a position where his or her personal interests and his or her duties may conflict. The agency relationship is usually created by a listing contract.

2. A Buyer’s representative (also known as a buyer’s agent) is a real estate licensee who is hired by prospective buyers to represent them in a real estate transaction. The buyer’s representative works in the buyer’s best interest throughout the transaction and owes fiduciary duties to the buyer. The buyer can pay the licensee directly through a negotiated fee, or the buyer’s representative may be paid by the seller or by a commission split with the listing broker.

3. A Subagent owes the same fiduciary duties to the agent’s principal as the agent does. Subagency usually arises when a cooperating sales associate from another brokerage, who is not representing the buyer as a buyer’s representative or operating in a nonagency relationship, shows property to a buyer. In such a case, the subagent works with the buyer as a customer but owes fiduciary duties to the listing broker and the seller. Although a subagent cannot assist the buyer in any way that would be detrimental to the seller, a buyer-customer can expect to be treated honestly by the subagent. It is important that subagents fully explain their duties to buyers.

The reason I bring up the subagent is due to the fact that there was a lot of referral fees being asked for and paid a couple of years ago during our real estate boom.

4. Disclosed dual agent. Dual agency is a relationship in which the brokerage firm represents both the buyer and the seller in the same real estate transaction. Dual agency relationships do not carry with them all of the traditional fiduciary duties to the clients. Instead, dual agents owe limited fiduciary duties. Because of the potential for conflicts of interest in a dual-agency relationship, it’s vital that all parties give their informed consent. In many states, this consent must be in writing. My advice is always put it in writing. Disclosed dual agency, in which both the buyer and the seller are told that the agent is representing both of them is legal in most states.

5. Designated agent (also called, among other things, appointed agency). This is a brokerage practice that allows the managing broker to designate which licensees in the brokerage will act as an agent of the seller and which will act as an agent of the buyer. Designated agency avoids the problem of creating a dual-agency relationship for licensees at the brokerage. The designated agents give their clients full representation, with all of the attendant fiduciary duties. However, the broker still has the responsibility of supervising both groups of licensees.

6. Nonagency relationship (sometimes called a transaction broker or facilitator). Some states permit a real estate licensee to have a type of nonagency relationship with a consumer. These relationships vary considerably from state to state, both as to the duties owed to the consumer and the name used to describe them. Very generally, the duties owed to the consumer in a nonagency relationship are less than the complete, traditional fiduciary duties of an agency relationship.

My personal advice? If you are a seller? Insist on agents from two different firms represent you and the buyer. Both would be focused on their respective clients, and therefore no conflicts of interests will arise. Don’t penny pinch and try to save on your fees by hiring one agent to do both jobs. If you are the buyer, i would suggest you find your own agent as well. What do you care? You, as the buyer, are not paying the commission anyways!

See you next time guys!

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Mexican Shrimp Farm

August 21st, 2008 -- by Alex Leigh

With the way the U.S. economy was looking in the past few months, I started looking for investment opportunities in other countries. Why not look to our southern brothers, I thought?

Before I continue with my story, here’s a quick side track. But it’s related, I promise. Have you guys noticed the sudden popularity of television shows about food? I mean between Rachel Ray, Alton Brown, and Bobby Flay, we’ve pretty much ushered in a new era of Food Network shows.

Anyways, I thought, wow, wouldn’t it be cool to supply fish, shrimp and other seafood to these wonderful chefs? I mean, everyone’s got to eat, and the idea of fine dining is the new popular thing to experience.

So, I placed some calls and ended up in Mexico, along the Sea of Cortez, checking out and meeting big seafood suppliers. Now, you must be thinking, “That’s it? So easy!”

Ha! Nothing could be further from the truth. There are tons of things to worry about: how to keep the seafood fresh while in transport, the actual transport, and getting FDA approval, just to name a few.

Anyways, enjoy the following video I made while down south. I wanted to check out the “crop” so to speak and they had a guy throw some feed in the water to attract the shrimp. Then down went the net and captured some.

Now, keep in mind that at the time of the video, it was still two months before shrimp season, so they were all really small.

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Yao Jiang Garden

July 13th, 2008 -- by Alex Leigh

On a recent business trip to Shanghai, China, I took the opportunity to check up on some income property in the HuangPu District. This particular gated community was built three to five years ago, and is called Yao Jiang Hua Yuan, or Yao Jiang Garden. It is comprised of nine high rise buildings, comprised of condominiums ranging from studios to penthouse suites. It boasts its own swimming pool, park, gym, and twenty four hour security team.

This particular community is catered to the Shanghai affluent, and upper middle class foreigners. If you are visiting and are tired of the hotel scene, you should consider renting a condo here. The 18 bus line, which connects to every major line in the city is stationed right outside the gates. Taxis are but a call away, and are usually allowed come right to your building door. Should you be brave enough to drive yourself, parking spaces for your vehicle are available in the underground parking lot.

Here is a quick sneak peek at what’s available:

If you are interested in renting one of these, please contact the property management firm, Boshixin Property Consultant Co., Ltd Of Shanghai, at 021-63081805 and ask for Yolanda or Jasen. Tell them I sent you and that you want one of my rooms. Why? Because they are better of course! You can also reach them by email at liuyanzsexd@163.com or hezhonghua5202003@yahoo.com.cn.

Have a great time on your visit. And rest assured, you will be living in safest, cleanest residential areas of Shanghai, China. Let me leave you with some more photos. Sorry, no elevator music in this one!

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