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welcome to Southwest Florida real estate update hosted by local Realtors Jim Michael and Morgan York of the York real estate group of downing Frye Realty our show will bring you the most up-to-date information on the local real estate market featuring the leading experts in the real estate field hi and welcome to the southwest florida real estate update on michael york you the York real estate group and today we're joined by our host Jim York and his guest Don Ross jr. president of Ross title and escrow thank you Michael for the introduction well done thank you for coming on the show today we are entirely welcome so tell us a little bit about yourself for a few minutes here I'm an attorney in Naples I've been practicing since 1981 I have a master's in taxation but I focus on real estate law I have my own title company Ross title we have eight employees right across from pastrami Dan's Janet my manager has been with me I I know it's over 30 years but I've lost track honestly after that she's born in the office practically I think we grew up in the same schoolyard it seems but her daughter works me your sister works me or niece works for me so it's it's a very close family unit which makes it very cohesive so we don't miss miss so many things I'm also an owner at downing fry and I've been the attorney for that company for 25 years which makes things a little different for me because I see things from the realtors perspective because I get asked questions from the Realtors daily I mean daily every we've got a billion dollars in sales so far and I get all the issues right so it's an interesting experience well we've had good experience our thanks and love the closing agents that we deal with there and you also requirement that I actually like them phone calls yes so first question here we have is seller than denying buyer access to the home yeah there's there's a we have our two basic contracts neighbor or five our under neighbor which is the one you and I deal with most frequently we have 15 days to do the inspections okay and then you get one walkthrough one you do all your inspections and then you have five days after that they asked selves to remediate or give a credit or whatever they considered effective the walkthrough which is different than the Farb our contract allows the buyer prior to closing and it doesn't say who picks what day and what time sometimes they argue about it but it allows the buyer to walk through the place or his or her representative then I always recommend have your inspection company do the walkthrough right I don't want you Jim doing the walkthrough or any other realtor doing the walkthrough because I've had agents have to write checks when they did walk through some miss thing so you personally don't I mean you're a builder so you have special qualifications but the average realtor is not a builder and for them to be looking at skylights and whatnot is beyond the scope what their license for right so you get the inspection company to do the walkthrough under neighbor they walk through to see if everything that's being conveyed all the tangible personal property and so forth the refrigerators and whatnot are they're the things that are not being conveyed have been removed we've had garages filled with trash or refrigerators filled with food miscellaneous furniture in the yard that's kind of junky according to the buyer it's still there so that's supposed to be removed prior to closing the the third element is to make sure that any repairs that the seller agreed to make were in fact made correctly which again is why you want whatever inspection company you use to go in and check you know let it be them they're the ones who saw the problem in the first place let them look at that exact problem see if it was rectified correctly it's safer and plus it's a third party witness if there's a problem later on and the fourth thing which it was huge after a hurricane Irma is you know did the seller maintain the property ordinary wear-and-tear accepted and the condition it was on the effective date of the contract the date the last person signed it and delivered it to the other side so those four things the buyers a lot to do in their one walkthrough now we always get buyers who ask and I can my wife go in and measure for curtains you know for furniture and I get calls on that and I say you know if everything else has been worked out and everybody's getting along fine sure just make sure you have somebody there try to be nice if you deny access then they wonder what you're hiding and it creates hostility and you're not quite sure what additional issues might pop up prior to closing and if something does pop up and you've already irritated the buyer by denying them access to measure for curtains it's going to be so much more difficult to deal with that subsequent issue so you know being nice to your fellow man is actually beneficial in a real estate deal plus it makes our stress levels so much easier to handle so I'm all for being kind and letting them in there as long as they don't abuse the process I generally don't like them moving in early you know if they move the furniture into the garage it might be able to live with that but one access fire bar which is a statewide contract allows for more than one walkthrough if required you know it specifically talks about that in two different places in the firebot contract as you may have more than one so they're a tiny bit different they've put into the contract what we usually work out in practice I mean nine times out of 10 my cells will let the buyer in to measure curtains in the last year now in this year I might have had two or three that said no you might have people living there and they're tired of this buyers coming 14,000 times they want clean you know we're having a Christmas party it's the holidays yeah you know this is a bad time you're beating it to death it's too much so you know the buyers can overdo it but nine times out of ten the cells will accommodate them okay well done we're gonna take a little short break go to the next question here and we're gonna hear a little bit about the York real estate group of downing fry Realty thank you thinking of buying or selling a home in naples marco island bonita or Estero florida think of the most experienced york real estate group associated with the number one brokerage in southwest florida downing Frye Realty which produces yearly real estate transactions of over a billion dollars Jim Michael and Morgan make up the York real estate group of downing Frye Realty with over 275 million dollars in sales transactions along with offering over 25 combined years experience in the local market the York's can offer the experience and trust you need in a real tour call them today at two three nine two seven three six seven to seven or visit their website at [Music] www.weather.gov/elko has over twenty five years experience and has closed over twenty thousand residential real estate transactions Donald Ross jr. president of Ross title and escrow and a practicing attorney in the state of Florida with a degree in taxation is here to service your needs call mr. Ross or one of our four closing agents for a free consultation today [Music] welcome back well done our final question here out of the two that we had today okay yeah is about fraud and there's a lot of fraud going on I'm sure people know that what's getting telemarketers all this stuff that's going on unique you know there are scams and everything but there's a lot going on in the real estate industry - right the it's it's everywhere it's it's every company in town individual Realtors sellers buyers my parents you name it it's out there the reason I brought this one up today is there's actually been a federal case decided that it imposed a hundred and sixty seven thousand dollars worth of liability on an individual realtor in the Realtors real estate firm for a negligent misrepresentation there was evidence this case was decided in the United States District Court of Kansas June 25th 2018 Bane Bai n versus Platinum Realty and the lady is Katherine Coleman she's the other defendant she's the realtor there's so many variations like James York your email they might change one letter of your email and that creates one problem in this particular case there was evidence and this was a jury trial so it's up to the jury to decide what evidence to believe and what not to believe but there was evidence that there were phony wire instructions were a sent to the buyer under the Realtors email so there was evidence that somebody hacked into this lady's email account might have had a password like mom or her birthday zero zero zero zero I know of one person in town who got hacked it was welcome one there's no thought put into it there's no changing of passwords on a regular basis we change ours regularly and the passwords are like this long right I mean I have to have somebody do it for me because it's just too much you know I just drives me crazy but this poor lady had her account hacked and the fraudster will just watch the deal there like a voyeur sitting back and watching the emails from the selling agents the listing agent and the seller and the buyer and the title company of the law firm and and at the opportune moment they impersonate the title company of the law firm and said and they give phony wire instructions and and say you need to send your $196,000 here which happened in this case and in this case you know the realtor was trying to argue that she didn't send the wire instructions but there was evidence that she did and it was up to the jury to decide whether she did or she didn't and they ruled that yeah she did and and she got an offset of 15 percent for the toll of damages which was 196,000 reducing her judgment to 167 because the plaintiff had already recovered the other 15% from other defendants there are other people that they went after as well I mean when they sue when generally when people sue you sue everybody in their brother right I mean it cost minimal money to add additional defendants so they always go after as many as possible sometimes they just tweak you know your password and they change one letter in your name other times which is what apparently happened here ostensibly happened here they actually hacked the person's account so I had a lady from Weymouth Massachusetts which is where my parents grew up that's why I remember it who had she was a buying property elderly lady probably my mother's age my wife tells me I shouldn't call somebody elderly but she's my mom's age who had her account hacked and it was an account she's had all her life and she never changed the password and they got in through her account and and somebody impersonated you know the closing company and the money was diverted to Virginia now we recovered the money right but I had to have a long conversation with this lady and say you need to change a password once in a while in fact I'd use a different email address from now on I ended up asking her do you speak a foreign language and she did and I said well you know I I studied classical Greek in school so some of my passwords are actually in Greek with symbols and numbers and you know nonsense phrases but I know what it is I I transfer it from greek to english and and and i go with that but i said you could pick a phrase you know the sky is pink cotton candy in greek just change it every two weeks you know it needs to be part of your life so the lesson they this was in the National Association of Realtors and the lesson they were trying to tell the real cos they didn't give him the whole case is you know people should verify wiring structions you should independently look up on the internet you know like Ross title and get a phone number a call what I do is I wire wire instruct a male wire instructions while I'm on the phone with somebody said did you get it over with them on the phone and then I you know all out letters and in all our communications we tell them we are not changing our wire instructions they don't change if they change call me they don't have my cell number the biggie for realtors is you don't want anything to do with wire instructions you don't ever ever ever want to send anybody wire instructions send them to the wire send them to the title company you don't want anything to do with it in fact darling fried doesn't even have an escrow account for sales because we don't want anything to do with it it's too scary so call if you're a consumer call and verify : verify call verify if you're a realtor don't ever have anything to do with wire structures not a thing yeah wheeler now while back because there's been a lot of even local attorneys that have been scammed right here so it's a dirty little secret but there's a lot of them out there I mean I you know my part of the process the title company where encrypted emails we change our passwords I'm paranoid but I can't control the sellers gmail account the buyers gmail account the Realtors gmail account and I'm not picking on Gmail but you know they're whatever their account is and do they change their passwords regularly because this is all in the last what how many years three four years yeah yeah they had a thing on TV out when I cut the show off here a little bit but they had a thing on TV the other night right all the lights all over the world that people were trying to scam our our places in the United States well the blackmailing cities Blankman mailing financial institutions I mean they're going after power grids I mean it's not gonna go away it's we have an Internet it's just gonna get more clever well done thanks for coming on the show today thank you for having me and thank you for tuning in and we'll see you next week okay thank you [Music] [Music]