Q–We own some vacant land that we had not visited for several years. In October we took a trip to visit our property. To our surprise, we found a family living in a trailer on our land. We called the sheriff and asked him to remove these people, but he refused to get involved. But his deputy did accompany us when we knocked on the door so there was no violence.
The squatters said they are paying rent to a neighboring owner, but he denies it. We got them to agree to pay rent to us instead. But we haven’t received any rent.
As there is no water or sewer to the property, I don’t like these people living in unsanitary conditions on our land, where we eventually plan to build a summer home. What should we do to get these squatters off our land?
A–If you want to keep these people as tenants to help pay expenses such as property taxes, why not provide water and septic disposal now? Since you plan to live on this property, you will eventually need to drill a well and provide sewage disposal. This might be a good time to do so.
Of course, get a signed rental application from these people and check their income and credit before you begin making improvements.
If you decide these people must leave, self-help is definitely not recommended. To get these squatters off your land will require following eviction procedures. They are either “tenants at will” or “tenants at sufferance” (you are the sufferee). A nearby real estate attorney can handle the eviction details.
But a cheaper approach is to pay them to leave. Offer them $500 to $1,000 if they leave without your having to get an attorney and the legal system involved.
Q–I inherited some rural land in northern California. Last summer we drove by it on vacation and found a house had been built on it. When I inquired, the owner told me he bought my land at a county tax sale about a year ago. I inquired at the county courthouse and found that my land had been sold for unpaid property taxes.
How can this be? I don’t recall ever receiving any tax bills or notice of the tax sale. What should I do to get my land back?
A–In California, if property taxes are unpaid for five years, the county can sell your land for unpaid property taxes. But each state has different laws on unpaid property tax sales.
If the county tax collector made a good faith effort to notify you at least annually of the unpaid property taxes and before the tax sale, in California you have no right to redeem the land to get it back. Some states, however, allow redemption after a property tax sale.
You may wish to research, or hire a real estate attorney to do so, to find out if proper notification procedures were followed. If they were, failure to receive a property tax bill is not a legal reason to get your land back.
Q–I earn about $75,000 as a carpet salesman for an excellent company. My real estate friends urge me to get my real estate sales license. They tell me I can earn at least $100,000 annually selling homes. Is this true?
A–Yes, many real estate salespeople net $100,000 or more annually. But they work very hard to do so.
If you think selling homes is easier than selling carpets, I think you will be disappointed. I urge you to take a few real estate courses at a nearby community college and get your real estate sales license. Then decide if you wish to switch careers.
Q–Almost two months ago, I signed a six-month listing with a realty agent I thought was the best agent in the vicinity. But he’s turning out to be a real dunce.
He held a broker’s tour for other local agents, but only a few agents showed up. Then he had an associate hold two Sunday open houses. No offers. He didn’t even advertise the open houses, so I’m not surprised at the poor turnout.
But homes are selling in my neighborhood. When I phoned one of the agents who sold a house about two blocks away, she told me, “Your agent tries to get both ends of the sales commission, so he doesn’t cooperate with other agents very well.” She also told me many of his listings don’t sell.
How can I get out of this listing so I can sign up with a more effective agent?
A–Some realty agents are not well-liked by other agents, but their home sellers don’t have a clue as to why their homes aren’t selling. The best agents cooperate 100 percent with other agents for everyone’s benefit.
I suggest you arrange an appointment with your agent and his office broker or manager to discuss why your home hasn’t sold. Maybe the asking price is too high and should be reduced. Perhaps there is another reason.
If your agent isn’t advertising the house or otherwise actively marketing it, ask the agent to either cancel your listing or refer it to another agent of your choosing.
Q–I recently received my real estate sales license. I work in a community that’s near the state line. My broker won’t allow us to sell property in the adjoining state even if we get a license there. Aren’t real estate licenses reciprocal in all states?
A–No. A few states have real estate license reciprocity agreements with adjoining states. Contact the real estate commissioner in the adjoining state for details.
Even if the nearby state has a reciprocal agreement with your state, your broker can prohibit you from doing business in that state. He probably has a good reason. Perhaps his errors and omissions insurance is not valid in that state.
Q–Please tell me the latest rules for qualifying for a VA and FHA home mortgage. I am a veteran, but I hear FHA loans are a better deal. Is this true?
A–The primary VA home loan advantage is no down payment. But there are many fees and requirements that make VA mortgages less than perfect.
The best place to obtain the latest VA and FHA home loan rules is from a local VA/FHA approved lender. Be sure the lender has automatic loan approval authority and does not have to wait for VA or FHA approval.
PLEASE NOTE: Real estate laws vary from place to place. Be sure to check the laws of your state and municipality before making decisions on real estate matters.
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Write to Robert Bruss at Tribune Media Services, 435 N. Michigan Ave., Chicago, Ill. 60611.
Robert Bruss’ report “How to Avoid Overpaying for Your Next Home” is available for $4 from Robert J. Bruss, 251 Park Rd., Burlingame, Calif. 94010.
