#27 - Advertising Guidelines
EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #27
July 28, 2008
IN THIS ISSUE:
Properties of the Week:
- 174 Acre Northeast GA Equestrian Estate
- Unfinished Home on 2.5 Acres, Edmonton, KY
Real Estate Roundup: Advertising Guidelines
Sponsor's Corner
- Caribou Lodge in the Alaskan Wilderness
Buyer's List Update
Auction News
- Missouri Hunting Preserve and Lodge
- The Missouri Manor
- The Lodge at Cedar Creek
Landterms.com Term of the Week: Acres+/-
"We hold these truths to be sacred and undeniable; that all men are created
equal and independent, that from that equal creation they derive rights
inherent and inalienable, among which are the preservation of life, and
liberty, and the pursuit of happiness."
- Thomas Jefferson (Founding Father and third President of the United States
of America, b. 1743 - d. 1826), from the original draft of the Declaration of
Independence, 1776
PROPERTIES OF THE WEEK
Northeast Georgia Horse Farm and 174 Acre Estate
Listing ID: 18832
This 174+/- acre equestrian estate has a beautiful home, pastures, marketable
timber including hardwoods, orchard, and abundant wildlife. Included is a
state-of-the-art horse barn with caretaker quarters and miles of riding trails.
Numerous water amenities include creeks, a 2+/- acre stocked pond, wells, and
county water to the property. The pastures are well-groomed and have water. The
home is a beautiful 8-year-old Southern style 4 bedroom, 3,270+/- square feet,
with 2 baths and a 1,630+/- square foot wrap-around porch. Landscaping features
two patios, grape arbor, fenced flower garden, and fruit trees. Located only
minutes from boating and fishing on Lake Thurmond, this property is ideally
suited for a private estate, or for commercial development as an investment
property. Photos and other information at http://www.eaglestar.net/pcp.html.
Edmonton, Kentucky Unfinished Home on 2.5 Acres
Affordable Opportunity to Finish Your Own Home
Listing ID: 20861
Unfinished home on 2.5+/- acres fronting a small, dead-end county road. Located
near East Fork Creek of Little Barren River. Home is approximately 25'x27',
with textured plywood exterior, double-pane windows and asbestos shingle roof
on a concrete foundation. County water and electric available. The property is
mostly wooded, with a large area covered in bamboo. A branch is located along
boundary in the back. View photos and additional information at
http://www.eaglestar.net/stffr4-.html.
REAL ESTATE ROUNDUP:
SOME THINGS YOU SHOULD KNOW ABOUT REAL ESTATE ADVERTISING
Whether you are a private owner selling your property for the first time or are
an experienced real estate professional, federal and state laws govern what you
can and can't say (or for licensees, some things you must say) in a real estate
ad. We at EagleStar.net would like to take this opportunity to let our
customers know about these guidelines as well as EagleStar.net advertising
policy. Even if you have been a real estate professional or have been
advertising on EagleStar.net for years, a short refresher certainly couldn't
hurt.
The Federal Fair Housing Act
The federal Fair Housing Act, which is actually not a single law but a series
of laws, prohibits discriminatory language in real estate advertising. These
acts grew out of the Civil Rights Act of 1968, the first widely applicable
federal legislation that addressed housing practices in the United States. The
purpose of the Fair Housing and Amendments Act of 1988 and the other acts that
comprise the federal Fair Housing Act is to promote equal opportunity in
housing for protected classes of people. Neither sellers nor lessors of real
property may discriminate based on a person's race, color, religion, national
origin, gender, handicap, or familial status. Some states and municipalities go
even further, banning advertising which discriminates against someone based on
his or her sexual preference, marital status, or status as a veteran of the
armed forces.
Of course, people who advertise real estate make mistakes from time to time.
State and federal law allow for such errors by stating that real estate
advertising cannot be intentionally or knowingly discriminatory. Advertisers of
real estate should be aware, however, that the language in their ad is subject
to the 'effects test'. Regulatory agencies such as the Department of Housing
and Urban Development may examine a real estate listing to determine if it has
the effect of discriminating against a person or group of people, even if the
discrimination is completely unintentional. If so, the ad is in violation and
must be removed. The offending advertiser may be at risk for administrative or
judicial penalties.
Examples of prohibited discriminatory advertising include phrases such as
"adults only", "no children", "Caucasians need not apply", "Muslims only", "not
handicap accessible", and so on. There are only a few exceptions to this rule.
Housing for senior citizens may be advertised as such provided it meets certain
criteria (see
http://landterms.com/Alphabetical/H/Housing_for_older_persons_1667.html for
details). Religious groups may also advertise residences for the exclusive use
of their members, but only if membership is open to all regardless of race,
color, gender, or national origin. Finally, gender-specific ads may be placed
when the advertiser wishes to share living space with a same-gender roommate.
The Truth-in-Lending Act and Regulation Z
The federal Truth-in-Lending Act and the Federal Trade Commission's (FTC)
Regulation Z apply to real estate advertising if specific mortgage, credit, or
loan terms are mentioned in the ad. These regulations mandate that creditors
make disclosures if certain words or phrases (known as 'triggering terms') are
used. If a consumer loan is offered or advertised for the purchase of a
residence, and that loan is secured by the residence, the true cost of the
credit must be made available to the consumer. This includes any fees or
service charges assessed by the lender, any 'points' paid by the consumer, the
length of the repayment period, and the annual percentage rate (APR) of the
interest on the loan. Advertisements for real property offering credit must at
a minimum state the APR as calculated based on all these charges - not just the
rate of interest on the loan itself.
Generally, the need to include required disclosure information in real estate
ads offering closed-end consumer credit is 'triggered' if the ad mentions:
- The amount of the down payment
- The amount of any payment
- The number of payments or period of repayment
- The amount of any finance charge or interest rate
Therefore, statements such as "$1000/month", "1% interest mortgages", "30-year
mortgage", or "$100 down" must also contain the required disclosures. The FTC
states that some credit terms do not meet the 'triggering' criteria because
they are too general. They list as examples "No down payment", "Easy monthly
payments", "Pay weekly", and several others. Other general phrases that do not
refer to specific financial conditions, such as "creative financing", "easy
terms", "seller financing", "in-house financing", and the like are not
considered trigger terms and are permitted in real estate ads as long as they
are not used in a false or misleading way. To ensure that your advertisement
offering consumer credit is in compliance, you may wish to download the FTC
publication 'How to Advertise Consumer Credit and Lease Terms', available
online at http://www.ftc.gov/bcp/conline/pubs/buspubs/creditad.shtm.
State Real Estate Laws and Regulations
State laws that deal with real estate are as varied as the 50 states
themselves. However, there are certain tenets with respect to the advertising
of real estate that are generally consistent no matter the location. All 50
states prohibit real estate advertising that is false, misleading, deceptive,
or contains any sort of misrepresentation. This includes the tactic of bait and
switch, one type of which occurs when an advertiser continues to advertise a
product that is no longer available because the ad is generating consumer
interest or sales leads. Those who use such tactics are committing fraud and
false advertising, and may suffer a number of state and federal penalties as a
result.
The laws heretofore summarized apply to all advertisers of real estate.
However, many state regulations governing the advertising of real estate are
specific to real estate licensees. Again, there are common elements among the
various laws and rules. For those persons licensed to act as agents for another
in a real estate transaction, each real estate advertisement or listings must
contain:
- The name of the licensed business, or the name of the principal or
designated broker. Some states require both, and some require the business
address as well.
- Any disclosures necessary if a licensee is advertising real property in
which he or she has an interest, whether directly, indirectly, or through a
third party. Generally, the minimum information that must be disclosed is that
the seller holds a real estate license.
EagleStar.net Advertising Policy
What all this means to our clients is that property listings on EagleStar.net
may not contain any language that appears to exclude or discriminate against
any of the classes protected by the federal Fair Housing Act, even if this was
not done intentionally. In addition, listings may not violate the
Truth-in-Lending Act or Regulation Z. EagleStar.net is unable to accept
advertising that we deem discriminatory, deceptive, or misleading. To aid in
this end, we ask that clients with multiple parcels within a single tract
provide EagleStar.net with a means of identifying each parcel so that it may be
removed from the advertisement as it becomes unavailable.
To ensure compliance with applicable federal and state law, the EagleStar.net
policy is that our advertisers provide all necessary disclosures. In addition,
properties listed on EagleStar.net must be available to consumers as
advertised. We require that clients immediately remove listings for properties
as they become unavailable, or contact us and we will remove the listing for
you. If you have any questions about your listing, feel free to run it by our
staff. We are happy to provide opinions and advice on advertising language for
our customers. The EagleStar.net Terms and Conditions of Service are available
at http://www.eaglestar.net/pages/sellers.html, in the scroll window at the
bottom of the page.
The vast majority of EagleStar.net clients, to our knowledge, does not violate
and has never violated any of these rules or regulations. We appreciate these
folks, because their unique and high-quality properties and property listings
make EagleStar.net one of the very best places to advertise real estate. We
offer the information above only to remind ourselves, our subscribers, our
clients, and our site users that, collectively, our unfailing commitment to
ethical, efficient, and excellent service is what sets us apart.
A high degree of prudence and diligence should be exercised at all times with
regard to the buying and selling of real estate. We believe that all buyer and
seller listings on this site are accurate and reliable. However, EagleStar.net
does NOT guarantee the accuracy and/or reliability of any listings on the site.
The accuracy of each listing is the responsibility of the owner of that
listing. At EagleStar.net, we are committed to maintaining accurate, reliable,
and current information. We regularly update the listings on the site, and we
are available to do so for any of our clients or site users. Should any
EagleStar.net visitor or user believe that any buyer or seller listing on this
site is inaccurate or misrepresented, please contact us as soon as possible.
For information on discrimination in leasing real estate, see the
Discrimination section of the "Common Issues in Leasing" article in Vol. 1,
Iss. 24 of the Land and Property Review:
http://www.eaglestar.net/newsletter/index.cgi?ID=24.
For more information on the federal Fair Housing Act and specific banned
practices, visit
http://landterms.com/Alphabetical/F/Federal_Fair_Housing_Act_1662.html and
follow the "Related Terms" links below the definition for each term or phrase.
SPONSOR'S CORNER
The Eaglestar.net Land and Property Review would like to thank this week's
sponsor, Caribou Lodge, Alaska:
For Sale - Private Lakefront Paradise in the Alaskan Wilderness
Listing ID: 20857
Located above timberline just southeast of Denali National Park and surrounded
by Alaska state recreation lands, this unique 5+/- acre property is truly one
of a kind. Currently operating as a lodge, this could be your own private
retreat or run as a business. Hunting, hiking, wildlife, nature, skiing, and
mushing all with Mt. McKinley right out your back door. This property is the
ONLY private parcel on the lake or in the area. Ten structures including the
main lodge/home, guest cabins, workshop, shower/washroom, dock house,
greenhouse and storage. Includes everything you need to move in, from a 4X4
diesel tractor to snow machines and snowshoes, boat and canoe, generators,
right down to the oak dining table and chairs, couches, beds and bedding, and
dishes. Excellent access by float or ski plane at reasonable rates. Or, fly
your own plane in! Winter access possible by snowmobile in good conditions.
View photos and contact information at http://www.eaglestar.net/knp.html.
BUYER'S LIST UPDATE
http://www.eaglestar.net/Land_Buyers_List/index.html
Place unlimited free buyer's ads on Eaglestar.net. Go to
http://www.eaglestar.net/pages/buyers.html to begin.
Wanted: 200+ acres in SE Oklahoma with pecan or fruit trees, good soil for
crops, spring fed ponds, and creek or river frontage. Please refer to buyer
#20862.
Looking in: Nebraska, Kansas, Iowa, Northwest Missouri
Small farm (10-40 acres) with house and garage or barn. OK if house needs work.
Please refer to buyer #20842.
Kentucky: Cash paid for timber/timberland. Top prices in KY. Please refer to
listing #14694.
Wanted: Illinois Farm Land. Looking for small farm in Will County, Illinois;
need a place to raise two families. Have only one income but need good schools
and a little space for the young ones. Please refer to listing #14700.
Looking for: Land located around the vicinity of Morgantown, WV. We are looking
for a small amount of land, 5-10 acres. Please refer to buyer #16137.
Looking in Virginia: Amherst, Nelson, Buckingham. Wooded land near James River.
Please refer to buyer #20032.
Looking in: Northern Wisconsin; Mayfield, Ohio; Anchorage, Alaska. Seeking
rural, condo, house, townhouse, foreclosure or unfinished, up to 70K. Please
refer to listings #20035, 20036, or 20037.
California - Northern Counties: Looking for 20-40 acre walnut orchard. Good
soil, existing irrigation. Please refer to buyer #2017702.
AUCTION NEWS
http://www.eaglestar.net/Land_Auction_Calendar/index.html
Mudhole Duck Club, Orrick, Missouri, Absolute Auction
Saturday, August 2, 2008 Listing ID: 20818
World Class Waterfowl Hunting Preserve and Hunting Club Close To Missouri River
World-class hunting preserve for ducks, geese and more on 337+/- acres. Located
in an area that is famous among hunters for its waterfowl populations, the
Mudhole Duck Club has been carefully managed for high productivity and the
ultimate hunting experience. Approximately 240+/- acres flooded for waterfowl
hunting, custom planted river bottom land, hunting depths of 12 to 18 inches,
and wells installed to maintain ideal water levels. Includes heated blinds,
modern hunting lodge with full kitchen and space for 20 bunks, and rights to
Mudhole Duck Club name and mudholeduckclub.com Internet domain. Harvested fowl
as of January 30, 2008: 927 ducks, 879 doves, 571 Canada geese, 24 snow geese,
and 71 teal. See photos and details at http://www.eaglestar.net/crw6-.html.
The Missouri Manor, Columbia, Missouri
Elegant Historic Bed & Breakfast Live Auction
Saturday, August 23, 2008 Listing ID: 20846
English manor home built in 1927, adorned with classic features and charming
character. This property has a unique place in Missouri and University of
Missouri history. Features a cherry staircase, beautifully laid tile, indoor
and outdoor fountains and perennial gardens. Tucked off a winding road near the
Mizzou campus, the Manor enjoys a less hurried and quieter surrounding. Nearby
is the Katy Trail, the longest hiking and biking trail in the country. At
9,930+/- square feet on 1.48+/- acres, this home would make a great bed and
breakfast inn, a fraternity or sorority house, or a luxury estate. First floor:
formal entry, living room, dining room, kitchen, study, 2 sun rooms. Second
floor: 4 bedrooms, 4 baths. Third floor: Living quarters with bathroom and
laundry hookups. Preview tours from 2:00-4:00pm - 8/3/08, 8/10/08, 8/17/08.
Photos and additional information available at
http://www.eaglestar.net/hpr.html
The Lodge At Cedar Creek, Columbia, Missouri Live Auction
Saturday August 23, 2008 Listing ID:20848
Surrounded by the natural beauty and wildlife of central Missouri, The Lodge at
Cedar Creek features beautiful stocked lakes, and over 100 acres of forests &
gently rolling hills. Auction includes all furnishings, equipment, boats,
gators, four-wheelers, etc. This 167+/- acre property will be auctioned with
all furnishings, equipment, boats, gators, four-wheelers, etc. included. This
is the perfect retreat destination – corporate, church, scouting, wedding, or
family.
Main A-frame lodge features:
* Fine dining room
* Banquet facilities
* Special events
* 3,500 sq/ft deck overlooking the water
Additional features:
* 6 private 2BR/2BA furnished cottages
* Bee’s Bunkhouse - 3 BR, full kitchen, and wood-burning stove
* Sally’s Lodge - 3 BR, full kitchen, 2 fireplaces
*Two world-class 5-stand trap ranges with electronic control tower
View photos and contact information at http://www.eaglestar.net/asn.html.
LANDTERMS.COM TERM OF THE WEEK
http://landterms.com
Each issue we feature a real estate, forestry, natural sciences or other
land-related term from our partner site, Landterms.com.
This week's term: Acres+/-
Acres plus or minus; the approximate area in acres of a lot or parcel of real
estate.
A common disclaimer in real estate advertisements or contracts that the actual
area of the property may be slightly different than stated due to rounding of
numbers, minor survey discrepancies, and so on.
Confused about abbreviations in classified ads and real estate listings? Check
out the Abbreviations and Acronyms section of Landterms.com at
http://landterms.com/Abbreviations_and_Acronyms/index.html. New terms and
abbreviations added or updated daily.
SUGGESTIONS
We welcome reader suggestions, comments, and questions.
Email: newsletter@eaglestar.net
ARCHIVES
See archived issues of the Eaglestar.net Land and Property Review at
http://eaglestar.net/newsletter.
CONTACT
American Eagle Star
Tel: +1 702-471-0077 Toll Free 800-239-3448
Web: www.eaglestar.net
Email: info@eaglestar.net
Copyright 2008 All Rights Reserved
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Back Issues
Current Issue
#80 - Feudal Title, Torrens Title, & Strata Title: October 30, 2009
#79 - Allodial Title to Real Estate (Pt. 2): October 16, 2009
#78 - What is Real Estate Title? (Pt. 1): October 2, 2009
#77 - Municipal Zoning: September 18, 2009
#76 - Dust Bowl Days, Pt. 3: September 3, 2009
#75 - Dust Bowl Days, Pt. 2: August 20, 2009
#74 - Dust Bowl Days, Pt. 1: August 5, 2009
#73 - Land Buyer's Guide (FAQ): July 22, 2009
#72 - What Makes Land Valuable?: July 10, 2009
#71 - Is Your Property At Risk from Wildfire?: June 23, 2009
#70 - When You Need to Sell Your Property Fast: June 9, 2009
#69 - What's the 2009 Wildfire Risk Where You Live: May 26, 2009
#68 - New $8000 Tax Credit for Home Buyers: May 19, 2009
#67 - The Problem with Bear Mace: May 12, 2009
#66 - Bears & Self-Protection - A Lesson Learned: May 5, 2009
#65 - Improving Deer Habitat Pt. 4: April 28, 2009
#64 - Improving Deer Habitat Pt. 3: April 21, 2009
#63 - Improving Deer Habitat Pt. 2: April 14, 2009
#62 - Improving Deer Habitat Pt. 1: April 7, 2009
#61 - NAU Summer Forestry Camp For Kids: April 3, 2009
#60 - Forests and Water Pt. 10: What You Can Do: March 26, 2009
#59 - Using SDRA's to Invest in Land: March 20, 2009
#58 - Forests and Water, Pt. 9: Human Impacts: March 5, 2009
#57 - Trees and Water (Pt. 8): February 26, 2009
#56 - Water & Forests Update: February 18, 2009
#55 - Forests and Water Pt. 6: February 11, 2009
#54 - Advertising Guidelines: February 5, 2009
#53 - Using Buyers Listings Effectively: January 27, 2009
#52 - 5 Mistakes in Selling Property: January 20, 2009
#51 - Horse Evolution: January 14, 2009
#50 - Lunar Planting, Pt. 3: January 7, 2009
#49 - Lunar Planting, Pt. 2: December 30, 2008
#48 - Merry Christmas: December 23, 2008
#47 - Lunar Planting, Pt. 1: December 16, 2008
#46 - Water Yield and Precipitation: December 9, 2008
#45 - Watershed Topography: December 2, 2008
#44 - Water and Soil: November 24, 2008
#43 - SW Forests and Water: November 17, 2008
#42 - Forests & Water Supply: November 10, 2008
#41 - Auction FAQ's, Pt. 2: November 3, 2008
#40 - Auction FAQs, Pt. 1: October 27, 2008
#39 - Placing a Buyer's Ad: October 20, 2008
#38 - Harvest and Hunter's Moons: October 13, 2008
#37: Why Leaves Change Color in Fall: October 6, 2008
#36: Increasing Hits on Listings: September 29, 2008
#35 - Marital Property: September 22, 2008
#34 - Concurrent Tenancies: September 15, 2008
#33 - Timber REITs: September 8, 2008
#32 - Tenancy in Severalty: September 1, 2008
#31 - Square Meters vs. Meters Square: August 31, 2008
#30 - Using Photos to Sell Property: August 18, 2008
#29 - Leasing a Shell or Box: August 11, 2008
#28 - Horsing Around #1: August 4, 2008
#26 - Should You Evacuate a Wildfire?: July 21, 2008
#25 - Lease Issues, Part 2: July 14, 2008
#24 - Lease Issues, Part 1: July 7, 2008
#23 - Valid Lease Requirements: June 23, 2008
#22 - Levees & 100-Year Floods: June 23, 2008
#21 - Types of Leases: June 16, 2008
#20 - Leasehold Estates: June 10, 2008
#19 - Buyer's Listing FAQ's: June 2, 2008
#18 - Estates in Real Property: May 27, 2008
#17 - Safety in the Outdoors: May 19, 2008
#16 - Title FAQ's, Part 3: May 12, 2008
#15 - Title FAQ's, Part 2: May 5, 2008
#14 - Title FAQ's, Part 1: April 28, 2008
#13 - Prudence & Due Diligence, Pt. 3: April 21, 2008
#12 - Got Wildlife? Attracting Birds: April 14, 2008
#11 - Structures and Wildfire: April 7, 2008
#10 - Protection from Wildfire: March 31, 2008
#9 - Buyer's Ad FAQ: March 24, 2008
#8 - Watersheds & You: March 17, 2008
#7 - Zoning: March 10, 2008
#6 - Latitude, Elevation, Temperature: March 3, 2008
#5 - Attract Wildlife to Your Property: February 25, 2008
#4 - Conservation Easement FAQ's: February 18, 2008
#3 - Prudence & Due Diligence, Pt. 2: February 11, 2008
#2 - Prudence/Due Diligence, Pt. 1: February 4, 2008
#1 - The Gunter's Chain: January 28, 2008
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