A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.

"micky" wrote in message
...
A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.

what homeowner in his right mind would want anything to do with this?

micky wrote in
:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the

Are you a moron, retarded, spastic or just burdened with a bad keyboard?
How the hell can you post misspelled crap like the above and expect anyone
to have any respect for you?

On Friday, August 22, 2014 1:24:15 AM UTC-4, Pico Rico wrote:
"micky" wrote in message

...

A friend who has been looking hs been offered a job. His role is to

gve out gift cards, that start at 300l doolars but also go higher if

people have a more expansive hom. For every card he hands out antd

hey sign for , he gets 30 dollars. By signing, the car reciipient has

to agree that if he ever sells his hous someone from the group that

gives out the cards will get the listing, and he commission when the

house is sold The commission is usally 7%, though it may be split

bewtween buyer's and seller's agents, and the seller may have agreed o

pay less comission if he could arrange it.



Buy back to my friend. Have you ever heard of a plan like this before.

Is it a fraud? Legal? Will it be too hard to get people to sign?



The company is out $330 for the average house and won't get it back

until the owner decides to sell and succeeds in selling, which could be

next year or in 30 years. plus I thnk they have to monitor all these

poiple to make sure they don't hire another agen. That shouldn't be

hard, Just google every address once a month to see if it's listed for

sale.



what homeowner in his right mind would want anything to do with this?

I agree, probably not many. You might snag the few that think they
will be selling in the not too distant future, if the commission wasn't
7% and the real estate firm were known, competent, respected, etc.
But I doubt a firm that meets that last criteria would be doing this
to begin with. I wonder what the gift cards are exactly? Could be
$300 at someplace few people give a crap about, or could be $300 VISA
card. Big difference, but it still has the big problems.

They don't by chance require your friend to pay for the cards himself,
upfront, until he sells them, do they?

On 8/22/2014 8:01 AM, trader_4 wrote:
On Friday, August 22, 2014 1:24:15 AM UTC-4, Pico Rico wrote:

what homeowner in his right mind would want anything to do with this?

I agree, probably not many. You might snag the few that think they
will be selling in the not too distant future, if the commission wasn't
7% and the real estate firm were known, competent, respected, etc.
But I doubt a firm that meets that last criteria would be doing this
to begin with. I wonder what the gift cards are exactly? Could be
$300 at someplace few people give a crap about, or could be $300 VISA
card. Big difference, but it still has the big problems.

They don't by chance require your friend to pay for the cards himself,
upfront, until he sells them, do they?


To offer people cash TODAY for a promise tomorrow,
that's worked on a lot of people. Might work.
If I was selling the cards, I'd want some kind
of assurance, I wasn't wasting all my time and
someone else keeps the money.

I'm suspicious. Too many ways to work like a dog
and invest a load of your own money and get zero
for your efforts.

--
..
Christopher A. Young
Learn about Jesus
www.lds.org
..

On 8/22/2014 2:57 AM, Zaky Waky wrote:
micky wrote in
:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the

Are you a moron, retarded, spastic or just burdened with a bad keyboard?
How the hell can you post misspelled crap like the above and expect anyone
to have any respect for you?


That's about what I thought:
Nit wit question from a nit wit.

On 8/22/2014 9:14 AM, Frank wrote:
On 8/22/2014 2:57 AM, Zaky Waky wrote:
Are you a moron, retarded, spastic or just burdened with a bad keyboard?
How the hell can you post misspelled crap like the above and expect
anyone
to have any respect for you?


That's about what I thought:
Nit wit question from a nit wit.

How much wit, would a nit wit wit, if a
nit wit would wit wit?

--
..
Christopher A. Young
Learn about Jesus
www.lds.org
..

On 8/22/2014 12:35 AM, micky wrote:
A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold

Doubt he'll make much. First, few homeowners will sigh a legal document
about their future rights for a mere $300. It would probably take a
half hour to convince a homeowner to do it once contact is made. To
earn a living, you'd have to sell at least 6 a day, five days a week.
Ten would be better. Only way to make any money would be to pitch a
group of people at a time like a boardwalk huckster. Maybe toss in a
Ginsu knife too!

On Fri, 22 Aug 2014 09:14:12 -0400, Frank
wrote in

On 8/22/2014 2:57 AM, Zaky Waky wrote:
micky wrote in
:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the

Are you a moron, retarded, spastic or just burdened with a bad keyboard?
How the hell can you post misspelled crap like the above and expect anyone
to have any respect for you?


That's about what I thought:
Nit wit question from a nit wit.

Yeah, I've been wondering about him too.
--
Web based forums are like subscribing to 10 different newspapers
and having to visit 10 different news stands to pickup each one.
Email list-server groups and USENET are like having all of those
newspapers delivered to your door every morning.

micky wrote in
:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.


Hey Micky, is there some reason your posts are less than stellar
composition? Like maybe a second language or medical affliction?

Red Green wrote:
micky wrote in
:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.


Hey Micky, is there some reason your posts are less than stellar
composition? Like maybe a second language or medical affliction?

Hi,
Maybe he is making fun of all of you. Gocha!

Tony Hwang wrote in
:

Red Green wrote:
micky wrote in
:

A friend who has been looking hs been offered a job. His role is
to gve out gift cards, that start at 300l doolars but also go higher
if people have a more expansive hom. For every card he hands out
antd hey sign for , he gets 30 dollars. By signing, the car
reciipient has to agree that if he ever sells his hous someone from
the group that gives out the cards will get the listing, and he
commission when the house is sold The commission is usally 7%,
though it may be split bewtween buyer's and seller's agents, and the
seller may have agreed o pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this
before. Is it a fraud? Legal? Will it be too hard to get
people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could
be next year or in 30 years. plus I thnk they have to monitor all
these poiple to make sure they don't hire another agen. That
shouldn't be hard, Just google every address once a month to see
if it's listed for sale.


Hey Micky, is there some reason your posts are less than stellar
composition? Like maybe a second language or medical affliction?

Hi,
Maybe he is making fun of all of you. Gocha!


It could be one of the two I mentioned which is perfectly acceptable.
It could be ignorance.
it could be pure lazeeness . yea thats prolly it

Mickey:

Tell your friend that he's going to starve to death doing that job.

The initial offer of a $300 gift card may be an attractive one, but most people are going to realize that what that means is that they're obligated to sell their house through that particular agency, and could get screwed. If that agency realizes that the seller is FORCED to sell through their agency, that agency could decide to set it's rate at 10% of the selling price of the house instead of 7%.

Besides the real estate agent is SUPPOSED to work for the seller, but in my experience, most real estate agents don't have sufficient income to wait for a better deal for the seller. They encourage the seller to sell at any price that's offered so that they can get their commission on the sale NOW. In a few months other real estate agents are going to smell that the guy is ready to sell, and they'll be circling him like hungry wolves too. So, every real estate agent is anxious for the seller to sell simply so that he can get his piece of the pie before it goes to someone else.

And, real estate agents don't do anything that's worth the 7% commission they collect. A seller would be better off to use that 7% to do a major improvement in the house (like replace iron supply piping with copper piping or PEX) and sell it on a Comm-Free basis than just let a real estate agent take that piece for nothing.

Maybe talk to your friend and impress upon him the wonderful opportunities that may be in his future if he embarks on a career as an assistant manager trainee for the Southland Corporation which operate tens of thousands of 7-11 Convenience stores in the continental USA alone. At least then he'll get a pay cheque every two weeks.

On Friday, August 22, 2014 8:27:16 AM UTC-5, Stormin Mormon wrote:

How much wit, would a nit wit wit, if a

nit wit would wit wit?

Christopher A. Young

How much wit, would a nit wit knit, if a nit wit could knit wit?

Quite a bit.

A nit wit would knit quite a bit of wit.

On Friday, August 22, 2014 10:55:17 PM UTC-5, nestork wrote:
BenDarrenBach;3274912 Wrote:



How much wit, would a nit wit knit, if a nit wit could knit wit?



Quite a bit.



A nit wit would knit quite a bit of wit.









--

nestork

....a bit...and quit!

On Fri, 22 Aug 2014 08:15:12 -0400, Stormin Mormon
wrote:

On 8/22/2014 8:01 AM, trader_4 wrote:
On Friday, August 22, 2014 1:24:15 AM UTC-4, Pico Rico wrote:

what homeowner in his right mind would want anything to do with this?

I agree, probably not many. You might snag the few that think they
will be selling in the not too distant future, if the commission wasn't
7% and the real estate firm were known, competent, respected, etc.
But I doubt a firm that meets that last criteria would be doing this
to begin with. I wonder what the gift cards are exactly? Could be
$300 at someplace few people give a crap about, or could be $300 VISA
card. Big difference, but it still has the big problems.

They don't by chance require your friend to pay for the cards himself,
upfront, until he sells them, do they?


To offer people cash TODAY for a promise tomorrow,
that's worked on a lot of people. Might work.
If I was selling the cards, I'd want some kind
of assurance, I wasn't wasting all my time and
someone else keeps the money.

When I was a teenager, I had a job canvassing for alumimum siding and
other home repairs. I was a Fuller Brush Man making about a dollar an
hour when he recruited me. (A dollar an hour wasn't bad then for a
summer job.) I gave him my number and he called when I was at work.
My mother answered. She insisted on a base salary and a commission on
any job he got because of me.

As frustrating as it was, I worked 8 hours a day, except I think one
day, 5 hours in, someone told me that they were going to tear down the
whole neighborhood for an expressway. It would have been nice if
someone else had told me earlier.

I didn't get any enthusiastic leads, but I gave him the names and
addresses of a few unenthusiastic people. When the job was over, after
4 days or a week, I went back to all of them to see if they had
contracted for work. No one had. Then he didnt' want to pay the base
salary, about a dollar an hour iirc, so I said, Let's talk to your boss.

So we did, and I'll give him credit, he didn't lie at all when we talked
to his boss, and the boss said he had to pay me, maybe 32 dollars, maybe
29 for the short day (I forget if Iworked elswhere or what I did after I
left the soon-to-be-destroyed n'hood. Funny though, I knew the
boss's name and my mother was probably friends with his wife. I did
not bring that up however. Trying not to rely on my mother entirely.

Went back to being a Fuller Brush man.

I'm suspicious. Too many ways to work like a dog
and invest a load of your own money and get zero
for your efforts.

I think he was offered a base salary too, but I might be mixed up with
another job possibility.

30 a week, x 30 each x 50 weeks a year would be 45,000 a year. He
doesn't expect that much. He lives on much less, no car, no wife, no
children, for exaample, but he looks every day but hasn't had a job for
6 months, maybe it's 8 months by now.

He already turned down one job where he thought they were liars. He was
supposed to get prospects, for what I forget, and tell them, Be sure to
ask for me, Joe, when you get here. But the prospective boss told him
that they never refer people to the person they had already talked to.
He could have taken the job and just not told them to ask for him, so no
lying on his part, and the boss would probably never know, but he
thought anything that depended on his lying at their instruction was no
place to work, even if he himself got paid, and I agree with him.

Those of you, not you Stormin or Trader or Ed, who snickered at his
plight, I wonder what you would consider if you were out of work for 8
months.

micky,

In selling a home $300 is small change. Also, tell us about these gift
cards. $300 of groceries or gas might be nice but $300 of gym membership is
worthless to most folks. Fill out an online survey and you'll get some
gifts. You won't want the gifts so you won't use or take the gifst. In other
words you filled out the survey and received nothing that had any value to
you.

Dave M

On Fri, 22 Aug 2014 00:35:39 -0400, micky
wrote:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.

I found the webpage that relates to this.

http://www.ijustjoined.com/

I don't know how to find out the giimmick without signing up, but maybe
you guys are more clever than I am.

Click on "How we do it"

On 8/21/2014 11:35 PM, micky wrote:
A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The Company is called Exceed. This is their "smart homeowners program".
http://www.prnewswire.com/news-relea...226123371.html

From a homeowner's perspective, I don't like this. You're committing
yourself to a legal obligation in exchange for fairly small amounts of
money doled out at the company's discretion. If you never get the
cash, you're still saddled with the legal burden, unless you take them
to court to break it.

Some online info about it:

A new real estate scheme is alive and active on the streets of
Albuquerque and on the electronic thoroughfares of the Internet as
well. But is the scheme a scam? It certainly appears to be another
example of the old rule – if it sounds too good to be true, it
probably is...
http://www.kob.com/article/stories/s3492931.shtml


....I felt that something was really off due to them not sending any
gift cards out to the homeowners who do indeed sign a lifelong
contract to limit their use of brokers to Exceeds list of them. And in
the fine print, they give themselves a possible 4 months longer than a
year before any gift cards are sent! Wow...sounds like a scam. So I
called one of the brokers on their list of supposedly contracted
brokers with them and I spoke to the owner. She had never heard of
them. Then I walked into the Centurt 21 office and they too had never
heard of the program! Spoke to the office manager. So that is two out
of four on their list of only four brokers for Readding....never heard
of them! That is fraud to represent that they are contracted with them
to homeowners and the homeowners end up signing a lifelong contract to
limit their use of only these brokers.
http://www.ripoffreport.com/r/Exceed...ego-et-1134090

"Moe DeLoughan" wrote in message
...
On 8/21/2014 11:35 PM, micky wrote:
A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The Company is called Exceed. This is their "smart homeowners program".
http://www.prnewswire.com/news-relea...226123371.html

From a homeowner's perspective, I don't like this. You're committing
yourself to a legal obligation in exchange for fairly small amounts of
money doled out at the company's discretion. If you never get the cash,
you're still saddled with the legal burden, unless you take them to court
to break it.

Some online info about it:

A new real estate scheme is alive and active on the streets of Albuquerque
and on the electronic thoroughfares of the Internet as well. But is the
scheme a scam? It certainly appears to be another example of the old
rule – if it sounds too good to be true, it probably is...
http://www.kob.com/article/stories/s3492931.shtml


...I felt that something was really off due to them not sending any gift
cards out to the homeowners who do indeed sign a lifelong contract to
limit their use of brokers to Exceeds list of them. And in the fine print,
they give themselves a possible 4 months longer than a year before any
gift cards are sent! Wow...sounds like a scam. So I called one of the
brokers on their list of supposedly contracted brokers with them and I
spoke to the owner. She had never heard of them. Then I walked into the
Centurt 21 office and they too had never heard of the program! Spoke to
the office manager. So that is two out of four on their list of only four
brokers for Readding....never heard of them! That is fraud to represent
that they are contracted with them to homeowners and the homeowners end up
signing a lifelong contract to limit their use of only these brokers.
http://www.ripoffreport.com/r/Exceed...ego-et-1134090


I looked at their website, but didn't get as much info as you did (maybe I
needed to enter info to proceed). A little survey box popped up asking
something like "why are you not going to sign up with us at this time?" My
response: "I am afraid you will still be in business when the time comes to
sell my house."

On Monday, August 25, 2014 9:58:02 AM UTC-4, Moe DeLoughan wrote:


The Company is called Exceed. This is their "smart homeowners program".

http://www.prnewswire.com/news-relea...226123371.html



From a homeowner's perspective, I don't like this. You're committing

yourself to a legal obligation in exchange for fairly small amounts of

money doled out at the company's discretion. If you never get the

cash, you're still saddled with the legal burden, unless you take them

to court to break it.



Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them. They aren't going to sue you to
enforce a contract they breeched, when
they have no case and it's $300. It's like saying some guy shows up to buy your car, you make a contract, he agrees to pay you by Sat, he leaves and
never pays. Clearly you're not obligated to give him the car and can sell
it to someone else.



Some online info about it:



A new real estate scheme is alive and active on the streets of

Albuquerque and on the electronic thoroughfares of the Internet as

well. But is the scheme a scam? It certainly appears to be another

example of the old rule � if it sounds too good to be true, it

probably is...

http://www.kob.com/article/stories/s3492931.shtml





...I felt that something was really off due to them not sending any

gift cards out to the homeowners who do indeed sign a lifelong

contract to limit their use of brokers to Exceeds list of them. And in

the fine print, they give themselves a possible 4 months longer than a

year before any gift cards are sent! Wow...sounds like a scam. So I

called one of the brokers on their list of supposedly contracted

brokers with them and I spoke to the owner. She had never heard of

them. Then I walked into the Centurt 21 office and they too had never

heard of the program! Spoke to the office manager. So that is two out

of four on their list of only four brokers for Readding....never heard

of them! That is fraud to represent that they are contracted with them

to homeowners and the homeowners end up signing a lifelong contract to

limit their use of only these brokers.

http://www.ripoffreport.com/r/Exceed...ego-et-1134090

In fairness to the company, they don't say that they have agreements with
all those realty companies, everywhere. They have a box where you can put
in your zipcode and check your area. I did and for NJ they had no participating
firms. So, I don't think you can claim outright fraud. They probably do
have agreements with realty firms somewhere. But the fact that nothing at
all comes up for an urban area of NJ also tells you something.

Also, I don't see anything on the website that says what these gift cards
actually are. As David pointed out, $300 in a VISA card is one thing. $300
in discount coupons for a dry cleaner or a hot dog stand 25 miles away is
another. The fact that I don't see anything about the actual cards is a big
red flag to me.

Also, right now they have no realty firms in NJ. Suppose they did have
4 good ones right now. Then 4 years from now, I want to sell my house and
they only have one shyster. Apparently you're stuck with the shyster.
Anyone want to sign up?

trader_4 wrote in
:

In fairness to the company, they don't say that they have agreements
with all those realty companies, everywhere. They have a box where
you can put in your zipcode and check your area. I did and for NJ
they had no participating firms. So, I don't think you can claim
outright fraud. They probably do have agreements with realty firms
somewhere. But the fact that nothing at all comes up for an urban
area of NJ also tells you something.


Yo Trader! Long time no see.

You still living in Newark?

On Mon, 25 Aug 2014 08:58:02 -0500, Moe DeLoughan
wrote in

The Company is called Exceed. This is their "smart homeowners program".
http://www.prnewswire.com/news-relea...226123371.html

From a homeowner's perspective, I don't like this. You're committing
yourself to a legal obligation in exchange for fairly small amounts of
money doled out at the company's discretion. If you never get the
cash, you're still saddled with the legal burden, unless you take them
to court to break it.

Thanks for sharing your excellent research Moe. Off the top of my
head, one other way they can rip you is if all the sales brokers in
the program have a special program sales commission that is _higher_
than other brokers outside the program. Yet a program "member" would
still be contractually obligated to use the higher cost program
broker.

There are so many ways this can be a rip-off. I don't believe the
program has been around for 10 years.
--
Web based forums are like subscribing to 10 different newspapers
and having to visit 10 different news stands to pickup each one.
Email list-server groups and USENET are like having all of those
newspapers delivered to your door every morning.

On Fri, 22 Aug 2014 00:35:39 -0400, micky
wrote:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars.

....what I think is a dictionary is needed. Online, maybe at least a
spell checker?

I must admit. If you can't spell a word, how do you kook it up in a
dictionary?

On Sat, 23 Aug 2014 19:52:05 -0400, micky
wrote:

On Fri, 22 Aug 2014 00:35:39 -0400, micky
wrote:

A friend who has been looking hs been offered a job. His role is to
gve out gift cards, that start at 300l doolars but also go higher if
people have a more expansive hom. For every card he hands out antd
hey sign for , he gets 30 dollars. By signing, the car reciipient has
to agree that if he ever sells his hous someone from the group that
gives out the cards will get the listing, and he commission when the
house is sold The commission is usally 7%, though it may be split
bewtween buyer's and seller's agents, and the seller may have agreed o
pay less comission if he could arrange it.

Buy back to my friend. Have you ever heard of a plan like this before.
Is it a fraud? Legal? Will it be too hard to get people to sign?

The company is out $330 for the average house and won't get it back
until the owner decides to sell and succeeds in selling, which could be
next year or in 30 years. plus I thnk they have to monitor all these
poiple to make sure they don't hire another agen. That shouldn't be
hard, Just google every address once a month to see if it's listed for
sale.

I found the webpage that relates to this.

http://www.ijustjoined.com/

I don't know how to find out the giimmick without signing up, but maybe
you guys are more clever than I am.

Click on "How we do it"

I talked to my friend again.

He told me more. He had talked to the guy doing the hiriing for this,
and showed him his work history, and the guy was very enthusuatic.
"You're just the one we want. You're good with customers" etc.

The next day he looked them up with the BEtter Business Bureau, and they
had an A rating. The highest is A+. So he called the company backm
back and the same guy answered, and I guess he didn't know that until
later, so he verified the address of the company. Then my friend told
the guy on the phone that he had called the BBB and that they had an A
rating.

And instead of saying, "Well I'm sure that puts your mind at rest, and
you know we'll be a good company to work for" the guy said. "Don't you
ever call this number again. We don't want you. You're bad for this
company. You think too much." and then the guy hung up on him.

Wow, huh? As my friend says, "Nobody*** gives away money [so there
must be a gimmick]

My friend talked to his sister too, and her theory was that every dollar
they give out, the homeowner has to pay back when he sells his house,
plus lots of interest. Of course until someone sees the contract, he
doesn't know that. So I'm thinking, even an honest person who intends
to hire the require real estate company is likely to forget about this
deal in several years, or lose the phone number, so what do they do
then. I thought maybe they follow the muliple listings checking if
one of their houses is listed.

But as I started typing here, a better way came to mind. They put a
lien on the house which has to be** paid before it can be sold. And
part of the contract is the owner agreeing to the lien. Probably
without using the word lien.

**What if someone tries to buy a house without checking for liens. I'm
sure he can, can't he. He just buys the house subject to the same lien
and the lienholder can foreclose on the lien anytime he wants, and force
a sale, like they do with people delinquent on property taxes.

***Except John Bears Fertipton. I eventually learned that his name
was John Beresford Tipton.

I don't think the realtor can put a lien on a property unless the property owner OWES the realtor money, and in this case, I don't believe that deal would create any indebtedness on the part of the home owner.

There is something else called a "caveat" that attaches to the property very much like a lien. A caveat is like a clause that get grandfathered in if there's any change in ownership of a property. For example, a father might sell an apartment block to his son with the caveat that the father may live in one of the apartments rent-free for the rest of his life. In that case, it doesn't matter if the son sells the building to anyone else, that third party has to honour that caveat and allow dad to live rent free in one of the apartments.

Similarily, if the son gets killed in a car accident, and ownership of the apartment block passes to the grandson, then the grandson has to honour that caveat by letting gramps live rent free in one apartment.

Caveats can be as bizarre as you can imagine and aren't set up primarily to extract money from the homeowner like liens are.

I expect that in your friend's case, the realtor is putting a caveat on people's property saying that they can't sell it unless that realtor handles the sale and gets the commission. And, that would be a valid caveat.

On Monday, August 25, 2014 11:54:13 PM UTC-4, micky wrote:
On Sat, 23 Aug 2014 19:52:05 -0400, micky

wrote:



On Fri, 22 Aug 2014 00:35:39 -0400, micky

wrote:



A friend who has been looking hs been offered a job. His role is to

gve out gift cards, that start at 300l doolars but also go higher if

people have a more expansive hom. For every card he hands out antd

hey sign for , he gets 30 dollars. By signing, the car reciipient has

to agree that if he ever sells his hous someone from the group that

gives out the cards will get the listing, and he commission when the

house is sold The commission is usally 7%, though it may be split

bewtween buyer's and seller's agents, and the seller may have agreed o

pay less comission if he could arrange it.



Buy back to my friend. Have you ever heard of a plan like this before.

Is it a fraud? Legal? Will it be too hard to get people to sign?



The company is out $330 for the average house and won't get it back

until the owner decides to sell and succeeds in selling, which could be

next year or in 30 years. plus I thnk they have to monitor all these

poiple to make sure they don't hire another agen. That shouldn't be

hard, Just google every address once a month to see if it's listed for

sale.



I found the webpage that relates to this.



http://www.ijustjoined.com/



I don't know how to find out the giimmick without signing up, but maybe

you guys are more clever than I am.



Click on "How we do it"



I talked to my friend again.



He told me more. He had talked to the guy doing the hiriing for this,

and showed him his work history, and the guy was very enthusuatic.

"You're just the one we want. You're good with customers" etc.



The next day he looked them up with the BEtter Business Bureau, and they

had an A rating. The highest is A+. So he called the company backm

back and the same guy answered, and I guess he didn't know that until

later, so he verified the address of the company. Then my friend told

the guy on the phone that he had called the BBB and that they had an A

rating.



And instead of saying, "Well I'm sure that puts your mind at rest, and

you know we'll be a good company to work for" the guy said. "Don't you

ever call this number again. We don't want you. You're bad for this

company. You think too much." and then the guy hung up on him.



Wow, huh? As my friend says, "Nobody*** gives away money [so there

must be a gimmick]



My friend talked to his sister too, and her theory was that every dollar

they give out, the homeowner has to pay back when he sells his house,

plus lots of interest. Of course until someone sees the contract, he

doesn't know that. So I'm thinking, even an honest person who intends

to hire the require real estate company is likely to forget about this

deal in several years, or lose the phone number, so what do they do

then. I thought maybe they follow the muliple listings checking if

one of their houses is listed.



But as I started typing here, a better way came to mind. They put a

lien on the house which has to be** paid before it can be sold. And

part of the contract is the owner agreeing to the lien. Probably

without using the word lien.



**What if someone tries to buy a house without checking for liens. I'm

sure he can, can't he. He just buys the house subject to the same lien

and the lienholder can foreclose on the lien anytime he wants, and force

a sale, like they do with people delinquent on property taxes.



You sure have a vivid imagination.

On Tuesday, August 26, 2014 8:40:58 AM UTC-4, trader_4 wrote:
On Monday, August 25, 2014 11:54:13 PM UTC-4, micky wrote:

On Sat, 23 Aug 2014 19:52:05 -0400, micky



wrote:







On Fri, 22 Aug 2014 00:35:39 -0400, micky



wrote:







A friend who has been looking hs been offered a job. His role is to



gve out gift cards, that start at 300l doolars but also go higher if



people have a more expansive hom. For every card he hands out antd



hey sign for , he gets 30 dollars. By signing, the car reciipient has



to agree that if he ever sells his hous someone from the group that



gives out the cards will get the listing, and he commission when the



house is sold The commission is usally 7%, though it may be split



bewtween buyer's and seller's agents, and the seller may have agreed o



pay less comission if he could arrange it.







Buy back to my friend. Have you ever heard of a plan like this before.



Is it a fraud? Legal? Will it be too hard to get people to sign?







The company is out $330 for the average house and won't get it back



until the owner decides to sell and succeeds in selling, which could be



next year or in 30 years. plus I thnk they have to monitor all these



poiple to make sure they don't hire another agen. That shouldn't be



hard, Just google every address once a month to see if it's listed for



sale.







I found the webpage that relates to this.







http://www.ijustjoined.com/







I don't know how to find out the giimmick without signing up, but maybe



you guys are more clever than I am.







Click on "How we do it"







I talked to my friend again.







He told me more. He had talked to the guy doing the hiriing for this,



and showed him his work history, and the guy was very enthusuatic.



"You're just the one we want. You're good with customers" etc.







The next day he looked them up with the BEtter Business Bureau, and they



had an A rating. The highest is A+. So he called the company backm



back and the same guy answered, and I guess he didn't know that until



later, so he verified the address of the company. Then my friend told



the guy on the phone that he had called the BBB and that they had an A



rating.







And instead of saying, "Well I'm sure that puts your mind at rest, and



you know we'll be a good company to work for" the guy said. "Don't you



ever call this number again. We don't want you. You're bad for this



company. You think too much." and then the guy hung up on him.







Wow, huh? As my friend says, "Nobody*** gives away money [so there



must be a gimmick]







My friend talked to his sister too, and her theory was that every dollar



they give out, the homeowner has to pay back when he sells his house,



plus lots of interest. Of course until someone sees the contract, he



doesn't know that. So I'm thinking, even an honest person who intends



to hire the require real estate company is likely to forget about this



deal in several years, or lose the phone number, so what do they do



then. I thought maybe they follow the muliple listings checking if



one of their houses is listed.







But as I started typing here, a better way came to mind. They put a



lien on the house which has to be** paid before it can be sold. And



part of the contract is the owner agreeing to the lien. Probably



without using the word lien.







**What if someone tries to buy a house without checking for liens. I'm



sure he can, can't he. He just buys the house subject to the same lien



and the lienholder can foreclose on the lien anytime he wants, and force



a sale, like they do with people delinquent on property taxes.







You sure have a vivid imagination.

In all this interviewing, did your buddy ever see any of the actual gift certificates? Ask what exactly they are? That's what's curiously missing.
I didn't see one word on
the website about what the certificates are, examples, etc. The whole thing
is nutty, but if you knew that the "certificate" is for 10% off at Joe's
hot dog cart, 30 miles from where you live, and similar worthless crap,
that would explain why they aren't talking about it. And the certificates
would seem to have to be something useless, along those lines.
I can't see where
the money stream would be coming from to shell out hundreds of dollars to
each sign-up today, based on recovering money from realtors many years from
now. That business model doesn't make sense.

"trader_4" wrote in message
...
On Tuesday, August 26, 2014 8:40:58 AM UTC-4, trader_4 wrote:
On Monday, August 25, 2014 11:54:13 PM UTC-4, micky wrote:

On Sat, 23 Aug 2014 19:52:05 -0400, micky



wrote:







On Fri, 22 Aug 2014 00:35:39 -0400, micky



wrote:







A friend who has been looking hs been offered a job. His role is to



gve out gift cards, that start at 300l doolars but also go higher if



people have a more expansive hom. For every card he hands out antd



hey sign for , he gets 30 dollars. By signing, the car reciipient
has



to agree that if he ever sells his hous someone from the group that



gives out the cards will get the listing, and he commission when the



house is sold The commission is usally 7%, though it may be split



bewtween buyer's and seller's agents, and the seller may have agreed
o



pay less comission if he could arrange it.







Buy back to my friend. Have you ever heard of a plan like this
before.



Is it a fraud? Legal? Will it be too hard to get people to
sign?







The company is out $330 for the average house and won't get it back



until the owner decides to sell and succeeds in selling, which could
be



next year or in 30 years. plus I thnk they have to monitor all
these



poiple to make sure they don't hire another agen. That shouldn't
be



hard, Just google every address once a month to see if it's listed
for



sale.







I found the webpage that relates to this.







http://www.ijustjoined.com/







I don't know how to find out the giimmick without signing up, but
maybe



you guys are more clever than I am.







Click on "How we do it"







I talked to my friend again.







He told me more. He had talked to the guy doing the hiriing for this,



and showed him his work history, and the guy was very enthusuatic.



"You're just the one we want. You're good with customers" etc.







The next day he looked them up with the BEtter Business Bureau, and
they



had an A rating. The highest is A+. So he called the company backm



back and the same guy answered, and I guess he didn't know that until



later, so he verified the address of the company. Then my friend told



the guy on the phone that he had called the BBB and that they had an A



rating.







And instead of saying, "Well I'm sure that puts your mind at rest, and



you know we'll be a good company to work for" the guy said. "Don't
you



ever call this number again. We don't want you. You're bad for this



company. You think too much." and then the guy hung up on him.







Wow, huh? As my friend says, "Nobody*** gives away money [so there



must be a gimmick]







My friend talked to his sister too, and her theory was that every
dollar



they give out, the homeowner has to pay back when he sells his house,



plus lots of interest. Of course until someone sees the contract, he



doesn't know that. So I'm thinking, even an honest person who
intends



to hire the require real estate company is likely to forget about this



deal in several years, or lose the phone number, so what do they do



then. I thought maybe they follow the muliple listings checking if



one of their houses is listed.







But as I started typing here, a better way came to mind. They put a



lien on the house which has to be** paid before it can be sold. And



part of the contract is the owner agreeing to the lien. Probably



without using the word lien.







**What if someone tries to buy a house without checking for liens. I'm



sure he can, can't he. He just buys the house subject to the same lien



and the lienholder can foreclose on the lien anytime he wants, and
force



a sale, like they do with people delinquent on property taxes.







You sure have a vivid imagination.

In all this interviewing, did your buddy ever see any of the actual gift
certificates? Ask what exactly they are? That's what's curiously
missing.
I didn't see one word on
the website about what the certificates are, examples, etc. The whole
thing
is nutty, but if you knew that the "certificate" is for 10% off at Joe's
hot dog cart, 30 miles from where you live, and similar worthless crap,
that would explain why they aren't talking about it. And the certificates
would seem to have to be something useless, along those lines.
I can't see where
the money stream would be coming from to shell out hundreds of dollars to
each sign-up today, based on recovering money from realtors many years
from
now. That business model doesn't make sense.

the website also doesn't give a copy of the contract. Sure, I'll sign up
before seeing the contract.

On Tuesday, August 26, 2014 9:01:15 AM UTC-4, Pico Rico wrote:
"trader_4" wrote in message

...

On Tuesday, August 26, 2014 8:40:58 AM UTC-4, trader_4 wrote:

On Monday, August 25, 2014 11:54:13 PM UTC-4, micky wrote:



On Sat, 23 Aug 2014 19:52:05 -0400, micky







wrote:















On Fri, 22 Aug 2014 00:35:39 -0400, micky







wrote:















A friend who has been looking hs been offered a job. His role is to







gve out gift cards, that start at 300l doolars but also go higher if







people have a more expansive hom. For every card he hands out antd







hey sign for , he gets 30 dollars. By signing, the car reciipient

has







to agree that if he ever sells his hous someone from the group that







gives out the cards will get the listing, and he commission when the







house is sold The commission is usally 7%, though it may be split







bewtween buyer's and seller's agents, and the seller may have agreed

o







pay less comission if he could arrange it.















Buy back to my friend. Have you ever heard of a plan like this

before.







Is it a fraud? Legal? Will it be too hard to get people to

sign?















The company is out $330 for the average house and won't get it back







until the owner decides to sell and succeeds in selling, which could

be







next year or in 30 years. plus I thnk they have to monitor all

these







poiple to make sure they don't hire another agen. That shouldn't

be







hard, Just google every address once a month to see if it's listed

for







sale.















I found the webpage that relates to this.















http://www.ijustjoined.com/















I don't know how to find out the giimmick without signing up, but

maybe







you guys are more clever than I am.















Click on "How we do it"















I talked to my friend again.















He told me more. He had talked to the guy doing the hiriing for this,







and showed him his work history, and the guy was very enthusuatic.







"You're just the one we want. You're good with customers" etc.















The next day he looked them up with the BEtter Business Bureau, and

they







had an A rating. The highest is A+. So he called the company backm







back and the same guy answered, and I guess he didn't know that until







later, so he verified the address of the company. Then my friend told







the guy on the phone that he had called the BBB and that they had an A







rating.















And instead of saying, "Well I'm sure that puts your mind at rest, and







you know we'll be a good company to work for" the guy said. "Don't

you







ever call this number again. We don't want you. You're bad for this







company. You think too much." and then the guy hung up on him.















Wow, huh? As my friend says, "Nobody*** gives away money [so there







must be a gimmick]















My friend talked to his sister too, and her theory was that every

dollar







they give out, the homeowner has to pay back when he sells his house,







plus lots of interest. Of course until someone sees the contract, he







doesn't know that. So I'm thinking, even an honest person who

intends







to hire the require real estate company is likely to forget about this







deal in several years, or lose the phone number, so what do they do







then. I thought maybe they follow the muliple listings checking if







one of their houses is listed.















But as I started typing here, a better way came to mind. They put a







lien on the house which has to be** paid before it can be sold. And







part of the contract is the owner agreeing to the lien. Probably







without using the word lien.















**What if someone tries to buy a house without checking for liens. I'm







sure he can, can't he. He just buys the house subject to the same lien







and the lienholder can foreclose on the lien anytime he wants, and

force







a sale, like they do with people delinquent on property taxes.















You sure have a vivid imagination.



In all this interviewing, did your buddy ever see any of the actual gift

certificates? Ask what exactly they are? That's what's curiously

missing.

I didn't see one word on

the website about what the certificates are, examples, etc. The whole

thing

is nutty, but if you knew that the "certificate" is for 10% off at Joe's

hot dog cart, 30 miles from where you live, and similar worthless crap,

that would explain why they aren't talking about it. And the certificates

would seem to have to be something useless, along those lines.

I can't see where

the money stream would be coming from to shell out hundreds of dollars to

each sign-up today, based on recovering money from realtors many years

from

now. That business model doesn't make sense.



the website also doesn't give a copy of the contract. Sure, I'll sign up

before seeing the contract.

No contract and not even some examples of what the "gift certificates" are.
Makes me want to sign up too. I'd also think they and possibly anyone
peddling the streets for them, could run into trouble with realtor licensing
issues. They are getting you to agree to sell your home through
one of their brokers and I would think the position of regulators could be
that requires the person doing the selling to be licensed.

On 8/25/2014 10:32 AM, trader_4 wrote:
On Monday, August 25, 2014 9:58:02 AM UTC-4, Moe DeLoughan wrote:


The Company is called Exceed. This is their "smart homeowners program".

http://www.prnewswire.com/news-relea...226123371.html



From a homeowner's perspective, I don't like this. You're committing

yourself to a legal obligation in exchange for fairly small amounts of

money doled out at the company's discretion. If you never get the

cash, you're still saddled with the legal burden, unless you take them

to court to break it.



Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them.

If you signed up, they can still haul you into court for failing to
honor the contract even though they failed to honor it as well. That's
the point: that you are creating a potential legal headache for
yourself if these guys decide to pursue their legal claim against you.
Five years on, and it's your word against theirs that they failed to
uphold their end of it. In the meantime, they've got your signature on
the agreement.


They aren't going to sue you to
enforce a contract they breeched, when
they have no case and it's $300.

It's not $300 for them. It's 7% of the sale price of your home. *That*
is what they're angling for, and that's what they're offering cheapass
gift cards for in hopes of securing. For a $200K home, they're looking
at a potential sales commission of $14K. You think they'd walk away
from that? I don't.

It's like saying some guy shows up to buy your car, you make a
contract, he agrees to pay you by Sat, he leaves and
never pays. Clearly you're not obligated to give him the car and can sell
it to someone else.


And clearly, if you had an agreement, he can file suit and haul your
ass into court. Then, and only then, can it be legally determined
whether the contract is still valid.

That's the point: by agreeing to this, you open yourself up to the
risk of a future lawsuit, and the accompanying expense and
aggravation, even if you prevail in the end. Is that risk worth a few
hundred bucks in gift cards? Not for me, it isn't.

On Tuesday, August 26, 2014 11:22:50 AM UTC-4, Moe DeLoughan wrote:


Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them.



If you signed up, they can still haul you into court for failing to

honor the contract even though they failed to honor it as well. That's

the point: that you are creating a potential legal headache for

yourself if these guys decide to pursue their legal claim against you.

If they do what you suggested, which is have you sign
the contract, then fail to pay you a cent, no gift cards at all, do
you really, really think they are going to haul you into court? It
would be like the example I gave you, of a guy agreeing to buy your
car for $3000 next Saturday, then you never see him again. He *could*
take you to court. I could file a frivolous court action against you
or anyone else, regardless of what one signed or didn't sign. The point
is, the company isn't going to take you to court for a case where they
didn't pay you a cent and have no case.




Five years on, and it's your word against theirs that they failed to

uphold their end of it. In the meantime, they've got your signature on

the agreement.


They would have to prove that they provided you with the gift certificates.
No proof, no case. Also factor in that if this is their business practice,
to not give people the gift cards at all,
it would seem extremely unlikely that they aren't going to be put out of
business, put in jail, before I happen to sell my house.








They aren't going to sue you to

enforce a contract they breeched, when

they have no case and it's $300.



It's not $300 for them. It's 7% of the sale price of your home. *That*

is what they're angling for, and that's what they're offering cheapass

gift cards for in hopes of securing.

It's clearly not 7%. Around these parts the total commission is 6%. That is typically split between two firms. If one firm is the one that is part of this deal, then that *realty firm* would get 3%, if they actually sell the house. The third party company, what they get, is anyone's guess, but it's clearly not
7% of the value of the house.


For a $200K home, they're looking

at a potential sales commission of $14K. You think they'd walk away

from that? I don't.



Per the above, the firm we're talking about isn't getting 7% of the sales price. They might not get anything for the actual sale at all, for all we
know. The arrangement could be that they get some small amount from the
realty firms up front and nothing on the back end. And regardless, if they
didn't provide any compensation, which is the scenario you proposed, yes
I think they'd walk away. Is a company from CA going to sue me in NJ to
try to collect a bogus claim, when they have no case? Isn't going to happen.

On 8/26/2014 10:59 AM, trader_4 wrote:
On Tuesday, August 26, 2014 11:22:50 AM UTC-4, Moe DeLoughan wrote:


Nonsense. If they don't give you the gift cards, you can do anything you please, you have no obligation to them.



If you signed up, they can still haul you into court for failing to

honor the contract even though they failed to honor it as well. That's

the point: that you are creating a potential legal headache for

yourself if these guys decide to pursue their legal claim against you.

If they do what you suggested, which is have you sign
the contract, then fail to pay you a cent, no gift cards at all, do
you really, really think they are going to haul you into court?

Yes, because it is so inexpensive to file a suit compared to the
potential payoff of forcing you to abide by the contract you signed.

Remember: if they didn't give you the gift cards, it is only your word
that they didn't. Once you list your house, they can pursue legal
action, at which point the burden of proving they didn't honor their
end of it is your problem. They have very little to lose and lots to
gain by filing suit...including making it clear to other local
homeowners that they cannot shirk their agreement.

It
would be like the example I gave you, of a guy agreeing to buy your
car for $3000 next Saturday, then you never see him again.

No, it's not, because these folks have you sign an agreement. That
gives them a legal document showing you agreed to abide by its
conditions. What have you got? Just your claim that they didn't
provide the goodies as promised.


He *could*
take you to court. I could file a frivolous court action against you
or anyone else, regardless of what one signed or didn't sign. The point
is, the company isn't going to take you to court for a case where they
didn't pay you a cent and have no case.

There are two key points: 1. You signed a contract. 2. Your defense is
that they didn't follow through on their end. And that's all it is: a
_defense_. Unless you want to initiate the legal action yourself, by
filing suit to void the contract on the grounds they failed to hold up
their end of it. In either case, you are bound by the agreement you
entered into unless/until you get a judgement that one party or the
other failed to perform, and thus voided the contract. In either case,
it means time, expense, and aggro. The contract doesn't just magically
vanish because one side *claims* the other side welshed. That's what
the courts are for.


Five years on, and it's your word against theirs that they failed to

uphold their end of it. In the meantime, they've got your signature on

the agreement.


They would have to prove that they provided you with the gift certificates.
No proof, no case.

No, all they need to provide is the contract that you signed, agreeing
to the terms. Then they tell the judge hey, we did our end - but this
person welshed. At that point, you have to defend yourself by somehow
proving you did *not* get the gift cards. Sure, you could've sent
letters, hired lawyer to notify them, etc. But that gets back to my
original point: any homeowner who signs up for this is potentially
setting themselves up for a lot of expense and aggro in return for
very little. It's just not worth it.

On Tuesday, August 26, 2014 1:28:40 PM UTC-4, Moe DeLoughan wrote:


Yes, because it is so inexpensive to file a suit compared to the

potential payoff of forcing you to abide by the contract you signed.



Show us how inexpensive it is for an out of state company to sue
me here in my state, especially when they have no case they can win. Are
they going to hire a lawyer, send their employees across the country,
over some pittance? And
as I pointed out, the company running this program has no big 7%
pay day. What, if anything they get on the sale of the house years later,
who knows. *Maybe* they get $500, maybe they get nothing because they got
their couple hundred bucks up front, but they sure aren't getting 6 or 7%
which would typically be split among two brokerage firms, assuming the
house actually sells.



Remember: if they didn't give you the gift cards, it is only your word

that they didn't.

They would certainly realize that if they file suit against someone
and the defense is that the contract is invalid because they never
paid the person a dime, then they are going to have to *prove* in court
they did provide you with the gift certificates.



Once you list your house, they can pursue legal

action, at which point the burden of proving they didn't honor their

end of it is your problem. They have very little to lose and lots to

gain by filing suit...including making it clear to other local

homeowners that they cannot shirk their agreement.



If they are screwing people, as you suggest, by not sending them
the gift certificates, do you really think they are going to go to
court to expose themselves? That they would even be in business 5
years from now at all, as opposed to being out of business or in jail?




It

would be like the example I gave you, of a guy agreeing to buy your

car for $3000 next Saturday, then you never see him again.



No, it's not, because these folks have you sign an agreement.

Who says I didn't get the car buyer to sign a simple agreement I wrote on
a piece of paper to buy
the car? Now when the guy disappears, I can't sell the car forever
because I have to fear him returning to sue me? Also note that a
verbal contract for a car is every bit as enforceable as a written one,
it just becomes harder to prove exactly what was agreed to.


That

gives them a legal document showing you agreed to abide by its

conditions. What have you got? Just your claim that they didn't

provide the goodies as promised.


My defense, on the extremely rare chance that someone who defrauds
me is going to take me to court, is simple. I was never sent the
gift certificates. For proof, I have a couple letters, emails, whatever
that I sent the company asking where they were. I have their responses,
if any, too. I have the testimony of my spouse. Now they would have to prove
that they really did provide them to me.








He *could*

take you to court. I could file a frivolous court action against you

or anyone else, regardless of what one signed or didn't sign. The point

is, the company isn't going to take you to court for a case where they

didn't pay you a cent and have no case.



There are two key points: 1. You signed a contract. 2. Your defense is

that they didn't follow through on their end. And that's all it is: a

_defense_. Unless you want to initiate the legal action yourself, by

filing suit to void the contract on the grounds they failed to hold up

their end of it. In either case, you are bound by the agreement you

entered into unless/until you get a judgement that one party or the

other failed to perform, and thus voided the contract.

Fine. Better keep that car that the guy didn't buy, for fear that he
will show up, with a similar bogus case one day.



In either case,

it means time, expense, and aggro. The contract doesn't just magically

vanish because one side *claims* the other side welshed. That's what

the courts are for.


The time, expense and aggravation is why an out of state company that
defrauds someone isn't going to take them to court to begin with and
certainly not over some paltry sum.







Five years on, and it's your word against theirs that they failed to



uphold their end of it. In the meantime, they've got your signature on



the agreement.





They would have to prove that they provided you with the gift certificates.

No proof, no case.



No, all they need to provide is the contract that you signed, agreeing

to the terms. Then they tell the judge hey, we did our end - but this

person welshed. At that point, you have to defend yourself by somehow

proving you did *not* get the gift cards.

Is that how it works in your world? A case comes to court, the
defense is that you were never paid, and court isn't going to look
to the other side to prove that you were paid? It could be a simple
case of a contractor saying he wasn't paid. The court is immediately
going to look to the other side to prove that he was, because if
indeed he was paid, the company should have easy means of proving it.
You usually can't prove a negative.




Sure, you could've sent

letters, hired lawyer to notify them, etc. But that gets back to my

original point: any homeowner who signs up for this is potentially

setting themselves up for a lot of expense and aggro in return for

very little. It's just not worth it.


The letters should be more than sufficient. "Where are my gift cards/"
I agree it's a dopey deal. But I don't agree that living in fear of
being sued if they default is one of them.

On Tue, 26 Aug 2014 07:57:44 +0200, nestork
wrote:


micky;3276284 Wrote:

But as I started typing here, a better way came to mind. They put a
lien on the house which has to be** paid before it can be sold. And
part of the contract is the owner agreeing to the lien. Probably
without using the word lien.


I don't think the realtor can put a lien on a property unless the
property owner OWES the realtor money, and in this case, I don't believe
that deal would create any indebtedness on the part of the home owner.

There is something else called a "caveat" that attaches to the property
very much like a lien. A caveat is like a clause that get grandfathered

Aren't you in Canada? I looked for this and found a good hit from New
South Wales. I'm trying to figure out if I know what this would be
called in the US, and I can't think of anything, but I asked somewhere
else.


in if there's any change in ownership of a property. For example, a
father might sell an apartment block to his son with the caveat that the
father may live in one of the apartments rent-free for the rest of his
life. In that case, it doesn't matter if the son sells the building to
anyone else, that third party has to honour that caveat and allow dad to
live rent free in one of the apartments.

Similarily, if the son gets killed in a car accident, and ownership of
the apartment block passes to the grandson, then the grandson has to
honour that caveat by letting gramps live rent free in one apartment.

Caveats can be as bizarre as you can imagine and aren't set up primarily
to extract money from the homeowner like liens are.

I expect that in your friend's case, the realtor is putting a caveat on
people's property saying that they can't sell it unless that realtor
handles the sale and gets the commission. And, that would be a valid
caveat.

A short nap in the afternoon is a good idea.

--
..
Christopher A. Young
Learn about Jesus
www.lds.org
..

Micky: Yes, I live in Canada.

Try Googling "legal caveat" or "property caveat".

This web site:
https://answers.yahoo.com/question/i...9010855AAIR8H4
explains what property caveats are.

Essentially, just in the same way that a lien against a house means that the house can't be sold without the lien holder being paid first out of the proceeds of the sale, a caveat informs the Land Titles Office that someone else has some form of interest in the house (or other property), and that it can't be sold without permission from a court.

So, if someone who took one of those $300 gift certificates ever wanted to sell their house, they'd have to get the Court's permission, and that Court would undoubtedly rule that the house can't be sold without the realtor's permission or, according to the agreement, without the realtor acting as the real estate agent in the sale. Alternatively, the court might see this as a "scam" and rule that those gift card agreements are unenforceable. But, on the surface it appears to be a legal agreement.

PS:
Both Canada and the USA (and Australia and New Zealand), as former British colonies, inherited the same "Common Law" system from Britain, so there should be the same kind of thing as a caveat in the USA, and it's probably called something very similar. In France, and in former French colonies, including the Province of Quebec in Canada, the law is based on the French "Civil Code". And both the British Common Law and the French Civil Code evolved from Roman Law as ordered to be written down by the Emperor Justinian I so that the Roman Law would survive even if the Roman Empire collapsed. The influence of Roman Law in both British and French legal systems is evidenced by the use of Latin phrases for legal principles. The same Latin phrases that we used today were used in early Roman courts.

Roman law - Wikipedia, the free encyclopedia

On Wednesday, August 27, 2014 11:38:19 AM UTC-4, nestork wrote:
micky;3276767 Wrote:



Aren't you in Canada? I looked for this and found a good hit from

New

South Wales. I'm trying to figure out if I know what this would be

called in the US, and I can't think of anything, but I asked somewhere

else.





Micky: Yes, I live in Canada.



Try Googling "legal caveat" or "property caveat".



This web site:

https://answers.yahoo.com/question/i...9010855AAIR8H4

explains what property caveats are.



Essentially, just in the same way that a lien against a house means that

the house can't be sold without the lien holder being paid first out of

the proceeds of the sale, a caveat informs the Land Titles Office that

someone else has some form of interest in the house (or other property),

and that it can't be sold without permission from a court.



So, if someone who took one of those $300 gift certificates ever wanted

to sell their house, they'd have to get the Court's permission, and that

Court would undoubtedly rule that the house can't be sold without the

realtor's permission or, according to the agreement, without the realtor

acting as the real estate agent in the sale.



You have a very vivid imagination. Can you show us one case where
the company doing the gift certificates has done this, ie put what
amounts to a lien on someone's property?




It's a shrewd sales tactic by the realtor, and one that's not going to

earn him any word of mouth advertising, but animosity instead.

It's not shrewd, it's pretty stupid. But whatever it is, you
acknowledge it would earn the realtor animosity.
So, how many local realtors do you think are going to do it then? It's
particularly absurd because when the homeowner finds out that they've
put a caveat on his property, then the realtor is likely in a hostile
position vis-a-vis the home owner. Think many realtors want that?
Years before the sale process has even started?

All I see in it for a realty firm is a lot of trouble. Which is probably
why there isn't one participating firm showing up when I entered my zipcode.

Trader:

What we have here is a realtor who is prepared to make money in his business any way he can.

I believe he has given up on the notion of making his money by providing fast, friendly and efficient service to his clients and relying on word-of-mouth advertising to build his client base.

He's at the point where he'll screw his clients to get the sales commissions on their homes. And those gift certificates are his screw driver.