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I'm here in Nashville and I am buying and holding for rentals. Have you joined REIN? I find it to be a great group -- lots of good information at the meetings and classes.

From the State of California's Website:

http://www.dre.ca.gov/faqs_mlb.htm

It doesn't give any info about how to get into the game, but it's something.

But they don't have to accept it or sign for it, which is what has happened to me in the past. The letter will just sit at the post office for a week and then be returned to me as undeliverable.

Does that do me any good when it comes to going to court? I can just hand it to them personally, but I thought I needed some sort of independent "proof" that the message was delivered.

Well, you should know:
(1) where is the market now and how has it been trending up to this point?
(2) what planned developments are in the works and what is the track record of the developers? How have other similar development projects under different developers done in the area recently?
(3) what are the current zoning issues in the neighborhood. Are there pending changes before the city council? Are there new zoning trends sweeping through the area (like "specific use" zoning, which has come on like a hurricane since it was introduced here a year ago)? Have there been zoning changes in adjacent areas?

Yes, there are lots of variables, but it is your job to put them all in perspective.

No, I can make a guess, you, as a paid professional, should be able to provide an educated opinion. They are not the same thing, and neither requires knowledge of the future.

I completely disagree with this statement. The whole reason to have a licensed professional is because his/her professional opinion is superior to that of the non-professional. Agents aren't the only profession that can be sued.

Imagine if you were involved in a court case and a settlement was offered. Now, how would you feel about your lawyer if all he/she gave you was the factual content of the settlement offer and the risks of going to trial. That's not what the lawyer is there for. The lawyer needs to give you advice -- "I think we can do a lot better at trial because of X, Y and Z..." The lawyer might be wrong (you may end up losing at trial) and it is ultimately your own decision. That doesn't mean you will sue your lawyer for that advice (you might, but being wrong isn't the same as malpractice).

Imagine if you went to your doctor with some unusual pains and all he gave you were a bunch of stale facts about potential therapies -- "Well, there's an X% chance it's your appendix, with a Y% chance that, if it is your appendix, it will get better without surgery, and there's a Z% chance of complications with surgery..." Yes, you need to make the decision about whether ultimately to actually get the surgery, but your doctor (who probably faces a much greater risk of getting sued than any real estate agent) has to give you some guidance and opinion -- "I think it's your appendix and you need to get it taken out right now." Even if you subsequently die during the operation, it doesn't mean that the doctor committed malpractice for advising it, nor does it mean that it was bad advice (though, being dead, you might disagree). It certainly doesn't mean that he/she shouldn't have given a professional opinion in the first place.

A real estate agent should be held to the same standard. Yes, it's the buyer's (or seller's) decision, but there should be insightful opinion given by the agent. Is this a good price for this house? What will this house likely rent for? What will prices be like in this neighborhood a year from now? Professionals should act like professionals. Nobody knows the future, and opinion can be given with that caveat, but the purpose of all of your training is to help less-trained (unprofessional) people make better decisions. If you won't give an opinion because you are so afraid of a lawsuit every time you might be wrong, you really aren't doing your job.

I'm starting the eviction process on a tenant for non-payment in Tennessee. I was planning to send the initial notice to vacate by certified mail/return receipt requested. However, I have used this method in the past, and I know that the recipient does not have to accept the mailing. What do you do if they just don't accept it/sign for it? I know the tenant is not home in the day, so he'll get a notice that there's a certified letter at the post office. He's smart enough to know what it is, so why would he ever go get it?

The post office has another service called "Certificate of Mailing," but from what I can see, it only verifies that you dropped it off at the post office, not that it was delivered. Since both proof of delivery and the date of delivery are important, I don't think this method is very good.

What method do you other landlords use? Am I missing something here?

Thanks

I'm not even sure about the "locate a property" part, since so many people now search the MLS themselves then give the agent the list of properties they want to see.

With all due respect, what does it matter how knowledgeable the agents are if they are unwilling to share the fruits of that knowledge (i.e., educated opinion)?

I'm not sure we're talking about the same kind of protection here. You seem to be trying to protect the trust/property itself. I'm more worried about the owner of the property getting sued for something that happens in relationship to that property (e.g., a tenant gets hurt and comes to sue the owner). If she remains a beneficiary, then the pathway to her (other) person assets remains open. It sounds to me like your plan is to protect her ownership of the property in case she gets sued for something unrelated to the house (e.g., a car wreck where someone gets hurt). Obviously, both are important. Depending upon your personal situation, your risks may be significantly greater in one area than another.