Brevard North Carolina Real Estate Blog

Here we are heading into the last week of September and the forecast is already calling for day time temperatures only in the mid 70's with some nights dropping down to the 40's. The temperature isn't the only thing that is changing these days, though. In higher elevations, certain trees have already started changing colors, creating splashes of reds and yellows on the mountain side signaling the start of the "leaf looker" season.

In the highest elevations, 4,500 ft and up, green is still the predominant color, but the Sugar Maples and Sourwoods have started to show their colors as have the flowering Dogwoods. Even in our own neighborhood, where the elevation is about 3,500 ft the leaves on the Birch Trees have already started turning yellow.

In the Brevard area, you can expect to see spots of color this time of year but the real show starts towards the middle to end of October and will continue until Thanksgiving. In fact, some experts are predicting that the long dry spell we experienced this spring will result in a spectacular season for color this fall.

If you're planning a trip to the Brevard area to do some "leaf looking" here are a few areas for hiking you should include in your schedule.

Mount Pisgah/Graveyard Fields 
Take the Blue Ridge Parkway south from Asheville toward Mount Pisgah, where  you will find picnic areas, hiking trails and a restaurant. Mount Pisgah was originally part of the 100,000-acre Biltmore Estate bought in the late 1800s by George W.  Vanderbilt. Continue on the Parkway to Graveyard Fields (milepost 418) where you can take moderate 2.29 mile hike. Yellowstone Falls can also be seen from an  overlook on the Parkway. Return to Asheville on the Parkway heading north. (One  way driving time: 45 minutes.) 

Crabtree Falls Loop Trail Located at mile post 339.5 on the Blue Ridge Parkway, this 2-mile loop hike takes you to beautiful Crabtree Falls and through growths for birch and hemlock. This area gets its name from the numerous crab apple trees that can be found. Access is at the Crabtree Meadows camping area, which offers picnicking facilities and a restaurant.

For an early fall drive, you'll want to head up to Grandfather Mountain. From Asheville, take I-40 East to exit 100 (Morganton). Take NC 181 North straight to the park. Or visit Cold Mountain, made famous in the novel and the movie of the same name. Just head north on Hwy 276 into Pisgah National Forest. Of course "Americas Favorite Drive" is the legendary Blue Ridge Parkway. Sometimes, we just like to load up the dog and a picnic lunch and drive the Parkway until we find "just the right spot" to sit and enjoy the spectacular scenery.

So get the calendar out and make sure you head to the Brevard area this fall. There's plenty to see and lots to do while you're here.

On Friday, we will be in class all day as part of our annual continuing education requirement. The dog will go to doggie day care, the cell phone will go on vibrate, and clients with questions will have to wait a little while for a return phone call. But it's all a good thing. Once in a while, I'll be in a CE class when my brain goes numb and my eyes glaze over, but that's usually a result of the messenger, not the message. Some experts are just better at presenting information than others. But by and large, I don't mind CE. It's a chance to "sharpen my saw", something we all should do as much as possible. Selling real esate is serious business and the contracts we write are legal, binding documents.  In a recent Inman News article I read, the author said that when she is filing out a contract, she pictures herself standing in a court room defending what she has written. I thought that was an excellent standard. As Realtors we need to understand every line and every nuance of a contract and be able to explain it throughly. There are parts of every contract that I don't like and I wish that our industry could find a way to construct contracts using language that was easily understood by the general population. But until that day comes, we have what we have.

This upcoming class should be particularly interesting since the NC Real Estate Commission has, once again, changed the Offer to Purchase contract. They like to do that every year....keeps us on our toes. Sometimes it's a simple tweaking of the words but not this time. This time our state is throwing out a huge and often complicated, tedious part of our contract. They are doing away with what is called "Alternative One".

If you've bought real estate in North Carolina recently, you may remember this part of the contract. It's where everyone has to agree on how long a buyer has to get an inspection, what can be included in a repair request, how long a seller has to respond to a repair request, how much the repair contingency is, what is included in pest inspection, and other details. Some of it is a "time is of the essence" issue, some of it isn't. The intention, however, has always been to protect the buyer by giving them plenty of opportunity to learn everything they need to know about a property before they purchase it and multiple ways to get out of the contract if they want to. If anything, our contracts are all about the buyer and do little to protect the seller.

Starting in January, that all goes away. As I understand it, that portion of our Offer to Purchase will function a lot like an Option. Buyers will have a designated amount of time to do their due diligence...whatever that may be...and can get out of the contract for any reason. No more repair requests. That part is fine with me. With our current contract, it spells out the items that a buyer can expect to be functioning and performing the job for which they are intended. But too many times, buyers and their agents will blow right through that list and include items in a repair request that, by contract, are not allowable repair requests. It bogs down the negotiations and can kill a deal.

Next year, a buyer can walk for any reason. 

I'm sure there is more to it than that and I have plenty of questions about earnest money and if "any reason" really means "any reason". I am curious to see what kind of protection a seller will get with this new contract.  Selling a home in this economy is tough enough. Will sellers be getting the short end of the stick?

I don't know, but I'll find out on Friday and will let you know!

Straus Park has long been considered one of the most desirable neighborhoods in the Brevard area. Located only minutes from town, stunning homes blend seamlessly with the natural green spaces. The community includes tennis courts, club house, and pool, and the views from the top are some of the best you'll find this close to town.

This particular home at 193 CAMPTOWN RD Brevard, NC  28712 has been beautifully updated and features comfortable, well planned living spaces. The main floor includes a spacious kitchen that opens to a cozy great room with a fireplace, a study with build in book cases,  and the formal dining room. You'll also find the zen like master suite on main floor. High ceilings, a spacious bath with tub and separate shower, and gentle colors create a wonderful retreat at the of a long day. One of the best features is a screened porch that is accessed from the master bedroom or from the open deck.

On the finished lower living you'll find two additional bedrooms, bath and family room.

With the beautiful setting and terrific mountain weather you can enjoy outdoor living on the large covered deck. It's perfect for outdoor dining and entertaining. 

If you would like more information about homes for sale in Brevard, NC, visit the Clay Team online at BrevardNCProperty.com.  Or, to schedule your personal showing on this home for sale in Straus Park, call 828-551-6290.

Famed golf course designer Tom Fazio is lending his support to Charlie's Angels Animal Rescue in Brevard, North Carolina. Perhaps best known for his challenging and spectacular golf course designs like Fallen Oak Golf Club in Biloxi, the Glen Club in Chicago and Champion  Hills in nearby Hendersonville, NC, Fazio is also a great animal lover.

On Tuesday, October 5 from 5:00 pm - 7:00 pm Fazio will be at the Glen Cannon Country Club in Brevard to help Charlie's Angels Animal Rescue raise money. He will be visiting with fans and signing a limited number of his books that will be available for purchase. There will also be a wine tasting, silent auction, and a raffle during the two hour event. Glen Cannon Country Club is offering a promotional package from 2:00-4:00 pm that includes nine holes of golf and a ticket to the Fazio event. All proceeds will go to help Charlie's Angels Animal Rescue and their efforts to care for the abused and abandoned animal population in Transylvania County.

Tickets are $25.00 and can be purchased online at CharliesAngelsAnimalRescue.com, or by mailing a check payable to Charlie's Angels Animal Rescue to PO Box 824, Brevard, NC 28712, or you can purchase a ticket at the door at Glen Cannon Country Club.

Charlie's Angels Animal Rescue (CAAR) is a non-profit organization in Brevard, North Carolina. The organization, run entirely by volunteers, is dedicated to the care and rescue of dogs and cats who are brought to the high-kill shelter in Transylvania County.  In 2008 71% of all animals brought the county shelter were killed. In 2009, after Charlie's Angels Animal Rescue got involved, those numbers were reversed and over 80% of the animals were rescued. All the animals rescued by CAAR are vaccinated, spayed or neutered, and treated for any medical conditions that can range from mites to major surgery. The animals are placed in foster homes or in participating kennels while a rescue solution is found. Most are placed with certified rescue groups in the northeast who coordinate the eventual adoptions into safe, loving homes. The organization relies solely on donations to offset their expenses, which come to over $30,000 annually. CAAR has already rescued over 400 animals this year alone.

If you'd like to know more about Charlie's Angels Animal Rescue and how you can help, either as a volunteer or through your donations, visit online or send an email to CharliesAngelsAnimalRescue@gmail.com.

I will venture a guess that five years ago many Realtors had never heard of a Short Sale and few had ever closed one. But with the market meltdown and the sagging economy, short sales and foreclosures occupy a larger part of our market than ever before and they are attracting bargain hunters hoping to get a great deal. There are deals are out there for certain and I can’t really blame buyers for licking their chops at the possibility of picking up a home for less than market value. Most short sales and foreclosures we’ve dealt with have multiple buyers lining up to take these properties. I don’t know of a single seller who wouldn’t want that “problem”.

Finding buyers for all the short sales and foreclosures, isn’t the problem though. It’s the lending institutions who are holding the paper. The amount of time that it now takes to close a short sale or a foreclosure is, in my opinion, ridiculous.  In my world, if a buyer makes an offer to a seller, it’s not unreasonable to conclude the negotiations over the course of a few days; maybe a week if one side or the other has their heels dug in about something. But with the banks, that idea goes straight out the window.

It takes months and months for most banks to even acknowledge an offer. If there is a counter, it can take another month to get an answer back. Despite our warnings that short sales take longer than conventional sales, we recently had a buyer who rescinded their offer on a home after waiting 30 days and getting no response from the bank. We have had other sales that took upwards of 6 months to finally close because the banks were so non-responsive. I understand that banks and their REO departments are on over load but it’s time for some changes in the way these deals are done.

If I had a widget company and the demand for my special widgets was outpacing my ability to produce those widgets, I would be adding personnel or shifting existing personnel so I could ramp up production to meet that need.  It’s not rocket science. It’s simply time for the banks to find a new way of handling this flood of properties that they want sold.

I don’t know the answer, I’m not a bank. But more and more I talk to other Realtors who are telling me that they are avoiding short sales and foreclosures because the hassle factor is huge and by the time you figure in the amount of time it takes to close one of these properties, agents are working for less than minimum wage. It’s just human nature....would you rather focus your attention on a conventional sale that can close in 30-45 days or a short sale or foreclosure that often has a reduced commission to start with, requires a great deal more work, and can take 6 months before you get paid.

The fact that there are agents and firms who specialize in short sales and foreclosures is a sad statement of our market to begin with. But I have to ask the banks one question....Do you want to sell these homes or don’t you? If you do, then it is time to step up to the plate, pay your Realtor partners full commission, and find a way to streamline this process so we can get your properties sold!

So, you want to buy a home. Or maybe you have a home you want to sell. Great! Now what! In today's real estate market buyers and sellers need a professional Realtor to help navigate the sales process. A lot has changed in the last year and it's important to have a Realtor guide you through issues like financing, inspections, offers, foreclosures, short sales, and all the other details of a real estate transaction.

Before you get started, though, it's also important to understand "agency relationships".  Years ago, there was no such thing as a buyer's agent so if you were buying a home, the agent you were working with always represented the seller. But today the contracts and laws have changed and there are many ways a real estate agent can assist you, including acting as your buyers agent.

In North Carolina, the NC Real Estate Commission requires that at "first substantial contact" with a potential client, all real estate agents must provide a copy of a brochure called Working with Real Estate Agents. It's essentially a consumer protection brochure that outline "agency relationships". If you are working with an agent in NC and they haven't already given you a copy of this brochure, ask for one. You'll be asked to sign it, but it's not a contract. Your signature is an acknowledgment that you've received the information and have reviewed it.

So let's break it down. What are the different agency relationships? This is how the North Carolina Real Estate Commission explains it.

SELLERS

Seller's Agent

If you are selling real estate, you may want to "list" your property for sale with a real estate firm. If so, you will sign a "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your sellers agent.  You may also be asked to allow agents from other firms to help find a  buyer for your property.

Be sure to read and understand the listing agreement before you sign it.

Duties to Seller: The listing firm and its agents must • promote your best interests • be loyal to you • follow your lawful instructions • provide you with all materials facts that could influence your decisions • use reasonable skill, care and diligence, and  • account for all monies they handle for you. Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents without your permission so long as they represent you. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know.

Services and Compensation: To help you sell your property, the listing firm and its agents will offer to perform a number of services for you. These may include • helping your price your property • advertising and marketing your property • giving you all required property disclosure forms for you to complete • negotiating for you the best possible price and terms • reviewing all written offers with you and • otherwise promoting your interests.

For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to share its commission with agents representing the buyer.

Dual Agent

You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual agency relationship" is most likely to happen if an agent with your listing firm is working as a buyer's agent with someone who wants to purchase property. If this occurs and you have not already agreed to a dual agency relationship in your listing agreement, your listing agent will ask you to sign a separate agreement or document permitting the agent to act as agent for both you and the buyer.

It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also form a dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of what your relationship is with the dual agent and what the agent will be doing for you in the transaction.

BUYERS

When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer's agent) You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller's agent or subagent). Some agents will offer you a choices of these services. Others may not.

Buyer's Agent

Duties to Buyer: If the real estate firm and its agents represent you, they must • promote your best interests • be loyal to you • follow your lawful instructions • provide you with all materials facts that could influence your decisions • use reasonable skill, care and diligence, and  • account for all monies they handle for you.  Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission so long as the represent you. But until you make this agreement with your buyer's agent, you should avoid telling the agent anything you would not want a seller to know.

Unwritten Agreement: To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement. However, some firms may be willing t represent and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must obtain a written agency agreement. If you do not sign it, the agent can no longer represent and assist you and is not longer required to keep information about you confidential. Furthermore, if you later purchase the property through an agent with another firm, the agent who first showed you the property may seek compensation from the other firm. 

Be sure to read and understand any agency agreement before you sign it.

Services and Compensation: Whether you have a written or unwritten agreement, a buyer's agent will perform a number of services for you. These may include helping you find a suitable property • arrange financing • learn more about the property and • otherwise promote your best interests. If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller.

A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses. Whatever the case, be sure your compensation arrangement with your buyer's agent is spelled out in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision.

Dual Agent

You may even permit the listing firm and its agents to represent you and the seller at the same time. This "dual agency relationship" is most likely to happen if you become interested in a property listed with your buyer's agent or the agent's firm. If this occurs and you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement, your buyer's agent will ask you to sign a separate agreement or document permitting the agent to act as agent for both you and the seller.

It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also form a dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty  is divided between parties with competing interests, it is especially important that you have a clear understanding of what your relationship is with the dual agent and what the agent will be doing for you in the transaction. This can best be accomplished by putting the agreement in writing at the earliest possible time.

Seller's Agent Working With a Buyer

If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller's agent (or subagent). The agent can still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about properties.

But remember, the agent represents the seller - not you - and therefore must try to obtain for the seller the best possible price and terms for the seller's property. Furthermore,  a seller's agent is required to give the seller any information about you (even personal, financial, or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are seller's agents before you say anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should avoid saying anything you do not want a seller to know.

Seller's agents are compensated by the sellers.

If you would like more information about buying and selling real estate in North Carolina, contact the Clay Team at BrevardNCProperty.com, or call us 828-551-6290 or 828-551-6291.

The mountains frame the horizon at this home near Brevard, NC where the quiet country setting just seems to make everything right again.  Take a deep breath and just enjoy the surroundings.

Cherry, apple, plum, pear and peach trees and several varities of nut trees, along with heirloom flowers, and native plants dot the landscape on the 2.43 acre parcel but leave plenty of room for a hearty garden. The 1734 square foot home has three spacious bedrooms, two baths, and open living and kitchen area. The four season room is the perfect spot for enjoying the views all year long.

For more information about this home for sale in Brevard, NC, visit BrevardNCProperty.com or call us at 828-551-6290 or 828-551-6291.

When people come to buy real estate here in the mountains, they are generally looking for a view or they want to be on a lake or river. If you are in second group, this home in Cashiers, NC is a dream come true.

This 2600 square foot home is located in the mountains of western North Carolina, approximately 15 minutes from Cashiers and about 45 minutes from Brevard, at about 3,500 feet elevation and it offers truly the most fantastic waterfall view anywhere in Sapphire Valley.  Situated in a private setting, this home has a beautifully updated interior with just enough rustic touches to make it the ultimate mountain home experience. The large master suite is on the main floor and guests will enjoy thier own suite on the lower level. But you may find yourself spending most of your time on the two wrap around decks where you can enjoy the year round sights and sounds of the waterfall and Horsepasture River. Plus, as a Sapphire Valley homeowner, you have full access to all the amenities- pool, tennis, boating, golf course, and more.

For more information about this home for sale in Cashiers, visit the virtual tour, stop by our BrevardNCProperty, or call us at 828-551-6290 or 828-551-6291.  Being sold furnished with few exceptions.

SAFE is dedicated to ending domestic violence and sexual assault in Transylvania County through advocacy, direct service to abused women, and community awareness. You can help support SAFE and its program by participating in the 5th Annual Serve it up for Safe Tennis Tournament.

The doubles tournament is being held at the Brevard Health and Racquet Club on September 24 and 25th.  The entry fee is $40. per player and includes a minimum two matches played on clay courts, lunch on Saturday the 25th, a "swag bag " of sponsor supplied items, prizes, and entry into the racquet raffle.There will be an exhibition match with cash bar reception mixer on Saturday the 25th.

You can learn more about the event and register online. 

About a year ago, I rescued a puppy from a busy road in the Brevard area. That's when I first learned about our county animal shelter and the abandoned and abused animal population here in Transylvania County. 

Our shelter is an old, sad building with extremely limited space for all the dogs that wind up there. When a dog is brought to the shelter, there is a 5 day grace period to allow the owner to claim the animal. If the dog is not claimed, and the shelter fills up (which is practically every day), that dog can be euthanized for no other reason than a lack of space. Dogs that have been surrendered by their owners aren't that lucky. They do not get that 5 day grace period and can be put down at any time.

Every single day of the year dogs end up at the Transylvania County Animal Shelter and the scenario is played out again and again. While other counties in our area have recognized the need and created modern new shelters and facilities, our county has been stuck in neutral, despite a plan for a new shelter that was approved and funded.

That's why organizations like Charlie's Angels Animal Rescue are so important.  Charlie's Angels is a non-profit organization whose only mission is to rescue dogs and cats from the shelter so the string of senseless deaths is stopped. So far this year, the group has rescued nearly 300 dogs. The organization pays to have every animal vaccinated, spayed or neutered, and treated for various medical conditions. From there, the animals go to foster homes or other rescue organizations who arrange for forever homes. If a foster home is not available or transport to a rescue group is not immediate, the group pays private kennels to keep the dogs safe while other arrangements can be made.

If you are in the Transylvania County area, Charlie's Angels Animal Rescue (CAAR) needs you! Volunteers are needed in several critical areas. First, we need foster homes where these dogs can be safe.  Secondly, volunteers are needed to help with transporting dogs to area kennels, and to and from the spay/neuter clinic. We also need volunteers to help with the never-ending need for fund raising. As a non-profit organization, CAAR relies soley on donations and 100% of those donations goes to the care and rescue of these precious dogs and cats. As a resident, you can also help by pressing our County Commissioners to move forward with their commitment to build a new shelter.

If you would like more information about animal rescue efforts in the Brevard area, or would like to simply donate, visit online at CharliesAngelsAnimalRescue.com.

And if you are not in this area, then I encourage you to do several things. First, support spay/neuter laws to help slow the unwanted pet population. Secondly, support the animal rescue efforts in your community with your time and your money. Lastly, when you are ready to add a dog or cat to your family, please go to your local shelter first.

If you think there are no "good" dogs at the shelter, meet Ace. His 5 day grace period was over and he was on the list to be killed. That was December of 2009. Ace is now a beloved member of our family and every time I look at his sweet face, I think about how close he came to being killed for only one reason - there just wasn't room for him at the shelter. What a tragic waste of a life that would have been.