EAGLESTAR.NET LAND AND PROPERTY REVIEW
http://www.eaglestar.net
Issue #54
February 5, 2009

IN THIS ISSUE:
Properties of the Week: IL, OR, UT, VA
Real Estate Advertising Regulations
Last Week's Top Searches
Auction News: CA, IN, OK
Sponsor's Corner: Smile4u, Inc.
LandTerms.com Term of the Week: Successive estates


"Good wine needs no bush."
- English proverb, 15th century
Editor's note: This proverb refers to the idea that there is no need to boast
something of good quality; people will discover, recognize, and pass the word
about the item's merits without superlative descriptions. The phrase refers to
the signs on winemakers' shops that historically depicted grape or ivy leaves.


PROPERTIES OF THE WEEK
93 Acres Prime Hunting Land with 2 Homes
Amherst, Amherst County, Virginia
93+ secluded acres of fantastic hunting land just 26 miles from the Blue Ridge
Pkwy in central VA. Land features 15-20 acres cleared and balance in mature
hardwood trees. 3 streams, hiking trails, 5 tree stands, and excellent deep
well. Property includes 2 houses: 3 BR, 2.5 bath main house and 1 BR, 1 BA
cottage. Also includes 2 barns. Location just minutes from major shopping
centers, 11 universities/colleges, 3 golf courses and approximately 110 miles
from Washington DC. Listing ID: 20959. Photos and more information can be found
at http://www.eaglestar.net/pbt.html

1700 Acres Private Hunting and Timberland
Orient, Franklin County, Illinois
Hunting, timber, and fishing, along the Big Muddy River in Franklin County of
Southern Illinois, near the community of Orient. This property has it all:
outstanding whitetail deer, duck, and turkey hunting, and fishing too. Property
has numerous lakes, ponds, and rivers throughout. There is approximately
$1,250,000 in timber. Numerous food plot locations, some already established.
Listing ID: 22918. View photos and details at
http://www.eaglestar.net/rss2-.html

Quail Creek Industrial Park Lots For Sale
Hurricane, Washington County, Utah
129 acres of mixed use, flex, or industrial use land, available in developed 5
acre parcels. Located in fast-growing area of Washington County adjacent to the
fairgrounds and minutes from I-15. Sale, ground lease, or build-to-suit.
Incubator, office, or warehouse potential. Listing ID: 22916. Photos, maps, and
more information can be found at http://www.eaglestar.net/glsn1-2.html

650 Acre Recreation Ranch
Beatty, Klamath County, Oregon
650 acres of recreation paradise bordered by National Forest. ATV riding, horse
and hunting opportunities, includes home and shop. Ranch is set up for ATV
recreation, fenced and bordered by National Forest. Located 42 miles east of
Klamath Falls Oregon. Ranch has varied terrain with hills, meadows, trees,
miles of ATV trails, shale pit, ATV dragstrip with crows nest and starting
lights, ATV mudbog, year-round spring and pond, big game and game bird hunting,
plenty of timber, water and cover for wildlife. Listing ID: 17519.
http://www.eaglestar.net/myg.html


LISTING LAWS AND REGULATIONS:
A FEW THINGS EVERYONE SHOULD KNOW ABOUT ADVERTISING REAL ESTATE
Whether you are a private owner selling your property for the first time or are
an experienced real estate professional, there are some federal and state laws
that govern what you can and can't say (or for those who hold a real estate
license, 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
(landlords) 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 something called the 'effects test'. In an "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 consult the 'Credit
Guidance' portion of the FTC website at
http://www.ftc.gov/bcp/menus/resources/guidance/credit.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 and regulations mentioned above 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.


LAST WEEK'S TOP SEARCHES
Top searches by state or country, with the previous week's rank in parentheses:
1. Washington (6)
2. Colorado (7)
3. Kentucky (1)
4. Florida (13)
5. Oregon (11)
6. Texas (5)
7. California (3)
8. Arizona (26)
9. Idaho (8)
10. Pennsylvania (4)

Other recent popular and interesting searches by visitors to EagleStar.net:
"1 acre for sale"
"arable soil"
"secluded waterfront homes for sale"
"oceanfront western Canada"
"Ohio log homes"
"New Mexico lots for sale"
"Utah property"
"South Carolina homes"
"Louisiana lots"
"Indiana river lots"


AUCTION NEWS
Browse thumbnail photos and short property descriptions at
http://www.eaglestar.net/Land_Auction_Calendar/index.html

Hunting, Farm, Horse Land Plus 5BR Home
Thursday, February 5, 2009
Chelsea, Rogers County, Oklahoma
245 (+/-) acres hunting, fishing, recreation, retirement, farm, investment, 5
BR home, home sites, investment land in 7 parcels:
Parcel 1: 2.8 (+/-) acres with 5 BR brick home w/ 2-car garage.
Parcel 2: 40+ acres with barn, cattle pens, fenced.
Parcel 3: 86+ acres with spring-fed pond and wildlife.
Parcel 4: 24+ acres with woods, pasture, and pond.
Parcel 5: 17+ acres with woods, pasture, and pond.
Parcel 6: 20+ acres, hill w/views, creek, and pond.
Parcel 7: 51+ acres of open pasture with creek.
Listing ID: 22609. Find photos and additional information at
http://www.eaglestar.net/ww5.html

Restored 1905 Victorian Home
Monday, February 16, 2009
Healdsburg, Sonoma County, California
Three 2 bedroom residences on 0.39 acres in the heart of wine country. This
property has fantastic residential rental, commercial bed and breakfast,
private estate, vacation rental, or family compound possibilities. Great
Healdsburg, CA location, which is surrounded by vineyards, wineries, and other
tourist attractions. Property currently earns $4,500 income per month. Listing
ID: 22793. Photos and details at http://www.eaglestar.net/ww2.html

4 Residential, 7 Commercial Units For Sale
Monday, February 16, 2009
Healdsburg, Sonoma County, California
7 commercial units + 4 residential condos for sale. 1 commercial unit currently
leased, 6 ready-to-finish units. Restaurant or retail potential. First units
chosen sold NO RESERVE.
New mixed-use commercial center with residential condos built in 2007. Building
style compliments the current downtown's eclectic multi-era construction
styles, while retaining a sense of modern quality. Ample parking available for
the 11 total units - four residential and seven commercial. Listing ID: 22794.
Photos and more information can be found at http://www.eaglestar.net/ww4.html

40 Acres Farm and Woodland
Thursday, February 26, 2009
Selvin / Dale, Warrick County, Indiana
Tillable agricultural land with timber and road frontage for sale at auction.
The real estate consists of 40 (+/-) acres with no buildings. There are
approximately 12 (+/-) acres tillable and the balance is wooded. There appears
to be some really nice timber on the property. The woodland is enrolled in the
Classified Forest Program. The topography is level. The property has road
frontage on the east & south sides. Listing ID: 22436. View photos and more
information at http://www.eaglestar.net/Detailed/22436.html


SPONSOR'S CORNER
The Land and Property Review wishes to thank this week's sponsor, Smile4u Inc.
Owners Char and Mark and their staff specialize in selling affordable,
undeveloped land in the western United States while occasionally offering great
deals in other states as well. Browse all of Smile4u's property listings on
EagleStar.net at
http://www.eaglestar.net/Properties/Multiple_Listings/Smile4U__inc_/index.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: Successive estates
Interests in property which may be inherited following the death of the
previous owner of the estate, as when a grantor conveys a life estate to her
husband, with the remainder to her son, with the remainder following her son's
death to her grand-daughter, and so on.

Find thousands of land-related terms, definitions, articles, abbreviations,
quotations, and more at Landterms.com! Click on the "Categories" button at the
top of each page to see the list of over 35 categories.


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

All land areas (acreages) listed in the Land and Property Review are
approximate.

Copyright 2009 All Rights Reserved