SELLER DISCLOSURE FORMS…..A THING OF THE PAST?

At Innovative Real Estate we are very “innovative” and bold, but most importantly we are very smart and are here to protect our clients in their real estate transaction. After years of research and representation our legal counsel and broker have made the decision that we will no longer be using the Seller Disclosure Form. If you have bought or sold real estate this is most likely a form that you have seen. There are a lot of concerns we have found with this form and although the obligation still exists. Per this form below it states that “the seller is obligated to disclose to the buyers an defects that they know may materially affect the property that can’t be discovered by an ordinary prudent buyer” see below that is close (Utah Real Estate Seller’s Property Condition Disclosure Form).

That is still an obligation of all sellers we are not removing that, we are, instead, opening the doors of communication between buyer and seller and allowing the sellers to not be focused on only the information in the form, but instead, allowing them, as is contractually required, to disclose the information that they, as the seller, would like to disclose.

This protects both buyers and sellers and here is why….

Sellers are protected

  • Total autonomy to report what they think is material
  • Protection about misrepresentation of information (for example, if they mark no because they didn’t remember or didn’t feel it important and later are sued for fraud…we don’t want that)
  • Protection from historical documents (some documents are still available from past home sales and if it is documented somewhere it should be shared even if the current seller was not the owner at the time of the issue, should they have know? Is it fraud if they don’t?)
  • Sellers are not focused on only the questions asked, but instead given an open ended focus for what their home is all about.
  • It reduces the risk of ending up in a lawsuit because the sellers is not checking a box without knowing the whole story (how many investors have flipped homes without all the information…that is so scary to check those boxes)
  • It puts the responsibility back into the buyers hands to complete their due diligence and ask questions that actual impact the transaction materially.

Buyers are protected

  • Buyers don’t rely on what the sellers have disclosed and instead they exercise their due diligence to get all the information about their major purchase….THEIR NEW HOME
  • Buyers ask the questions they really want to know and what materially could affect their purchase of the home
  • It ensures that the buyers truly know the home, they have an inspection, they have all the tests they want completed and they too learn more about the house in general.
  • Buyers need to consider how much information actually passes through owners particularly if there has ever been an investor owner, they need to know for themselves and not rely on a checkbox form.

We expect pushback. We expect some buyer representatives to be cautious and nervous. We also know that if we move forward as a brokerage that we can better protect our sellers and our buyers. We expect buyers to ask, does that mean they are hiding something? No! The obligation for them to share material defects is still there, they just don’t have to do it in a checkbox. The form is too general in some areas, too specific in others and ultimately it doesn’t open the door for the sellers to truly share what they are committing to share in the real estate purchase contract and we know we can do better!

LOLA’S STREET KITCHEN

There was a time we searched daily for Lola’s lunch  truck locations.  We needed to get our fix of those parmesan garlic fries, with their special Lola’s fry sauce and whatever glorious burger they were featuring that day.  Fast forward, they have now set up permanent camp in Midway, right on Main Street, with the same great menu,  and even a  glass of wine or a beer for the people like me.  The ambiance matches perfectly with their well thought out menu and charm, not to mention their food never disappoints.  During the warmer months you are sure to find the dining room and patio full!  We at Innovative have been very fortunate, David and his crew have always been very supportive and bring their truck to any event we ask,  we want to return the favor by touting their goodness and sending you their way.  Go visit Lola’s immediately if not sooner, you can thank us later.  

Lola's Street Kitchen

Lola's Street Kitchen

10/03/2019 | Reggan Jastram

DOGS OF INNOVATIVE – DIESEL

Hi! I’m Diesel. I’m 3 years old, a yorkie, and yes I get asked if I’m still a puppy all. the. time. Get over it people! I may or may not have little man syndrome, and I’m pretty sure I could take the neighbors cat, or dog, or horse.
I have quite the collection of humans at my disposal. However, I’m most fond of the 11 year old who kindly sleeps in my bed with me. In fact if you tease her, tickle her or make her cry you will have me to deal with, that’s a promise!
I don’t love to go outside much, the grass tends to be too wet, or cold, or dry or hot. It’s just too “naturey” out there. I do enjoy watching a good movie, showing these humans my tricks which they insist I do to receive the treat they parade in their hand. My favorite is when the small humans visit, who feed me without tricks and leave their leftovers for me wherever I roam. If it’s too hot I like the shade and if its chilly I like to bask in the sun. What can I say? I’m a complicated guy. But I love my pampered life and these humans that take up the couch are pretty alright too.
Dogs of Innovative - Diesel

Dogs of Innovative - Diesel

09/27/2019 | Kyndra Sweat

GUEST SPOT – A PROPER PLACE

Hey there!  My name is Angie Calderwood and I’m a professional organizer out of Midway, UT. I wanted to take a few minutes to introduce myself and tell you a bit about what I do and why I love it…

There is something to be said for living and working in organized spaces.  Not only does it look good, but is FEELS good.  I am a believer in living an organized life because time and time again my clients tell me what a “weight has been lifted” after we get their physical spaces tidy and organized.  They see beautiful results and are proud of what their surrounding say about them.  Their mood becomes calm and a sense of peace radiates throughout their homes and work spaces. It is so awesome to help people get results that are long lasting and impactful.

A few of the things I love helping my clients with: 

-Home Organizing

-Commercial Organizing

-Home Staging

-Pre and Post-Move Organizing

-Speaking Engagements

Check out my website at aproperplaceorganizing.com to learn more about these services and how you can feel the serenity that comes with organization.  You are worth it…give me a call!

Follow me on Instagram or Facebook at aproperplace to receive tips related to living a happy, beautiful, clean life!

Guest Spot - A Proper Place

Guest Spot - A Proper Place

09/26/2019 | Angie Calderwood

DOGS OF INNOVATIVE – FERGIE

DOGS OF INNOVATIVE – FERGIE

My name is Fergie and I am a miniature pinscher rescue. Yes, that’s me winking in the picture above! In my previous life I was referred to as The Dutchess but when I broke into fame with my new family my fans started calling me Fergie and I haven’t looked back sense! 

With my new lifestyle I have learned a lot of cool tricks like winking, begging for free food, and most importantly looking good for the camera. I am often mischievous when it comes to the doorbell. I go nuts when I know somebody is ringing the door to see me and will make laps around the house barking until they are allowed in. 
 
I have a little sister who takes the attention away from me occasionally named Roxy (she is the yorkie in the blanket trying to outshine me). She is also a little diva but my best playmate and I wouldn’t know what to do without her as we spend everyday together. We both love bones for a nightly snack but I occasionally think I deserve my sisters as well where I am a celebrity after all!
 
Besides roaming my palace enjoying the “ruff” life I enjoy cuddling my favorite human (I included a picture of him as well to be nice) going on car rides to look at houses, and spending time at the dog park!
Dogs of Innovative -Fergie

Dogs of Innovative -Fergie

09/13/2019 | Drew Sessions

DOGS OF INNOVATIVE – STELLA

DOGS OF INNOVATIVE – STELLA

Stella

Pronounced: /S-tell-ah/ and best said by Elaine in an episode of Seinfeld

Name: Derived from the Old French form of the Latin ‘stella; meaning star/famous

Stella is a real catch.  She is a thirteen-year-old dachshund that truly breaks the mold.  She is very small for her breed but only in size.  Stella is the kingpin of her 3 dog mob and she makes all the rules.  She doesn’t love tricks, playing games, or playing with toys.  She a noble lady and such menial tasks are far below her. She tolerates her associates at best.

She is, however, a master of many things including, following the human around the house, catching all the scraps from the dinner table, sitting on the human’s feet, burrowing under the blankets, laying in the sun and is strong hoarder of all the bones.  Her ideal date would be laying in the sun, enjoying a good snack, and a good book with a gentle pat on the lap of her human. 

She is a lovely robust specimen who likes all the treats. She would be a runner but is held back by her short-outturned legs. Lucky for her they are perfectly matched to her long floppy ears.  She may be showing signs of gray but those are only signs of experience and knowledge. 

She loves her tiny humans and is loyal to their place in the pack.  She will protect when necessary (if it suits her and she isn’t too tired), but will cuddle at their beck and call.  

Dogs of Innovative - Stella

Dogs of Innovative - Stella

09/06/2019 | MeriAnn Boxall

JUST ANOTHER INNOVATIVE DAD

JUST ANOTHER INNOVATIVE DAD

At Innovative Real Estate you have probably heard us talk a lot about Family, Neighborhood and Community.  That’s because it’s what matters to us and what is most important.  We love to share some of our happenings here and hope you will be as excited about it as we are. 

One of our Innovative Dad’s has recently retired.  Marion Chappell is the real deal.  He was a lineman in Southern Utah but his skills go far beyond our Utah boundaries.  If you look up Lineman on Wikipedia you will find Marion Chappell.  Marion was in the Gulf Coast helping restore power after Hurricane Rita.  He had a broken toe and was using only one foot on the pole as he climbed up to restore power.  A FEMA worker named Marvin Nauman took a picture of him looking like a super hero and that photo is now the image of the “Lineman”.  A lineman is someone you don’t really think about needing until you don’t have power.  True hero’s.

Marion is not only a great lineman he is a really great person.  He is committed to his family and his community and is willing to help anyone in need.  We are super lucky to have Marion as part of our Innovative Family and think he is a great example of what community is.    Join us in celebrating him and saying thanks for all the great things he has done.   

You can see more about Marion here:  https://en.wikipedia.org/wiki/Lineworker

Just Another Innovative Dad

Just Another Innovative Dad

09/04/2019 | MeriAnn Boxall

DOGS OF INNOVATIVE – DUBLIN

DOGS OF INNOVATIVE – DUBLIN

I am Dublin, yep as in Ireland, I am an 8 year old yellow lab. I am essentially a 56 year old man, looking forward to my retirement, which is on the horizon.  I relocated to Heber in 2012 from Salt Lake for the same reason as the rest of you, the simpler life.  In my younger years I was a master bird hunter, but alas as most folks, I don’t get out as much as I used to.  I get along with most, except for the neighborhood skunks, those guys really stink!  My hobbies include running, relaxing, running, eating, running, sleeping, and did I say running?  I can clear a table with one swipe of my tail, what can I say, it is a gift!  Due to my large stature, I have spent countless hours serving as rodeo stock to my 2 mini humans.  I enjoy catching a fishing show on the Outdoors Channel,  but take me to your favorite fishing hole and I will for sure screw that up for you by splashing through the water and get tangled in your line .  My perfect date would include a New York strip cooked medium rare, and a full-bodied ale!  If you happen to see me taking myself on a walk, honk and wave and then text my mom, she is probably furious!

Dogs of Innovative - Dublin

Dogs of Innovative - Dublin

08/30/2019 | Reggan Jastram

MIDWAY SWISS DAYS 2019

MIDWAY SWISS DAYS 2019

It is time again for Midway’s annual Swiss Days celebration this Friday and Saturday.   Dating back to the 1940’s, this tradition boasts live entertainment, food, booths featuring arts and crafts, a parade and more.  Also be on the lookout for the darling girls in the Swiss Miss Royalty.  One of whom, McKenzie is the daughter of our very own Heath Harvey.  Will you be on the of 80,000-100,000 people who visit Midway this weekend?  Who knows, you might fall in the love with the place, and if you do, call us, we can show you the best places to live.  PS…..if you need me, I will be having a swiss taco first thing on Friday!

 

Swiss Days 2019

Swiss Days 2019

08/28/2019 | Reggan Jastram

WELCOME TO OUR NEIGHBORHOOD!

WELCOME TO OUR NEIGHBORHOOD!

We live here, we work here, we love it!  Those are a just a few of the many reasons that we choose to be connected in our neighborhood.  We hope to help you feel welcome and show you many of the great things that our community has to offer.  

Visit here anytime to learn about local businesses, activities, and just to feel connected to some of the people and faces you may see around.  This is our credits section. Where all the great things really come together. The best neighbor, Mr. Rogers, once said, “We all have different gifts so we all have different ways of telling the world who we are.”  We would love to hear about what matters most to you so make sure to reach out and connect with us. 

We are a local boutique brokerage.  That guides us in our mission to help local businesses and people thrive.  We love to shop local, support local, and be local! You will see us out and about and we will share with you our experiences as we connect locally and find some of the best offerings.

Mr. Rogers also said, “I have really never considered myself a TV star. I always thought I was a neighbor who just came in for a visit.”  We feel that way as a local business too, in our great neighborhood, so it is our goal and responsibility to give back, be engaged and make sure you feel that way too. 

“Won’t you be our neighbor?”

Welcome To Our Neighborhood

Welcome To Our Neighborhood

08/23/2019 | MeriAnn Boxall