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Martha's
Vineyard Real Estate Frequently Asked Questions
What
is a Buyer's Agent?
When a buyer engages the services of a real
estate buyer's agent, then the buyer becomes that agent's
client. This means the agent represents the buyer. The buyer's
agent owes the buyer undivided loyalty, utmost care, disclosure,
obedience to lawful instruction, confidentiality and accountability.
The buyer's agent must put the buyer's interest first and
negotiate for the best price and terms for his/her client,
the buyer. Having said all of this, in the event a non-exclusive
buyer's agent transitions to Disclosed Dual Agent or Designated
Agent status, I cannot believe it is possible to maintain
a neutral unbiased relationship where confidential information
already disclosed will be safe-guarded. This will be further
explained as you read on. (Full
Story here)
What
is an ABR®?
ABR® is an acronym that stands for Accredited Buyer's Representative.
ABR® is a designation attained through completion of
an extensive classroom training program on buyer agency
practices and procedures followed by a rigorous written
examination. However, the designation is not rewarded until
the applicant can submit evidence of practical experience
as a buyer's representative --- that means transactions
successfully closed representing buyers.
What
is an EBA?
Any
licensed real estate agent can receive the ABR® designation;
however, only a licensed real estate agent who is an exclusive
buyer's agent and member of the National Association
of Exclusive Buyer's Agents (NAEBA) can receive
the EBA designation. EBA's
are required to adhere to a strict Code of Ethics EBA
Code of Ethics. To
find an EBA, go to www.naeba.com
and the 'find an agent' section. When interviewing a buyer's
agent it is important to ask two questions: 1) Do you or
your firm take listings? 2) Do you practice dual agency?
If the answer to these questions is 'yes', you will not
be represented by an EXCLUSIVE Buyer's Agent. (More
on this subject here.)
What
does REALTOR®
mean?
Not every real estate agent is a REALTOR®, although they
may refer to themselves as realtors. The term REALTOR® is
a registered collective membership mark that identifies
a real estate professional who is a member of the NATIONAL
ASSOCIATION OF REALTORS® (NAR)
and subscribes to its strict Code
of Ethics.
What
is 'The HUD'?
The HUD-1 is the form commonly used to track
all the various costs related to a property purchase and
sale transaction. (Full Story here)
What
is Title Insurance?
When you purchase a home on Martha's Vineyard,
instead of purchasing the actual building or land, you are
really purchasing the title to the property - the right
to occupy and use the space. That title may be limited by
rights and claims asserted by others, which may limit your
use and enjoyment of the property and even bring financial
loss. Title insurance protects against these types of title
problems for Martha's Vineyard real estate and brings confidence
and certainty to the parties at a real estate closing that
the title of the subject real property is as represented
and expected. The title insurer offers financial protection
and will indemnify and defend against an attack on covered
title hazards as insured, and will either perfect the title
or pay valid claims. (Full
Story here)
What
is The Land Bank?
The Martha's Vineyard Land Bank is a conservation
entity charged with the task of acquiring, holding and managing
a diversity of important open space resources for the use
and enjoyment of the general public. To accomplish this
task the Martha's Vineyard Land Bank imposes a 2% real estate
transfer fee which is levied against the purchase price
on most real estate transfers on Martha's Vineyard Island.
This is not a tax and there is no way around it.
Only first time homebuyers are eligible for a nominal credit.
(Full Story here)
Why
have a Land Bank?
Martha's Vineyard has witnessed unprecedented
change in the most recent decades. Farming declined; centuries-old
pastures and fields were left to knot into vines and shrubs.
The "freedom to roam" was curtailed as fences were erected
across trails, beaches were gated off and hunting was restricted.
Few of these problems could be solved by planning boards
and conservation commissions only; the Vineyard needed a
new type of land agency. (Full
Story here)
What
is 'Title 5'?
Title 5 of the State Environmental Code sets
standard guidelines and requirements for the inspection,
design, siting, construction, upgrade and expansion of on-site
wastewater treatment and disposal systems in the towns of
Edgartown, Oak Bluffs, Vineyard Haven, West Tisbury, Chilmark
and Aquinnah. The onus usually falls upon the seller for
compliance. (Full Story here)
What
is the MIL rate?
A mil (tax) rate is the method used to determine
the taxes that are to be paid on a property here on Martha's
Vineyard. That tax rate when multiplied by your property
value (assessed value determined by the tax assessor) equals
your tax bill. (Full Story here)
What is a Section 1031 Tax-Deferred Exchange?
When you sell real estate you are taxed on any gain or profit realized from that sale. Gain is the difference between your Basis and the amount of money you receive when you sell a property. For example, you bought a property in Dodger’s Hole for $200,000 back in 1995 and you sold it last week for $800,000. Your Basis is $200,000, and your Gain or profit is $600,000; that amount is subject to tax. However, you did not use the property as your personal residence; the majority of the time you rented it and spent very little time there yourself. You might qualify for a Section 1031 Tax-Deferred Exchange. (Note: When selling a primary residence, exclusions are available to offset capital gains.)
Anyone who owns a second-home or plans on purchasing a second-home on Martha’s Vineyard should be knowledgeable about the Section 1031 Exchange laws. Implementing a 1031 Exchange is simple if you follow very precise rules and utilize the services of a reputable Qualified Intermediary. If you want to know more about the Section 1031 Tax-Deferred Exchange process, follow this link to download some excellent literature that will help you understand the full scope and options available to Martha’s Vineyard investors.
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