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Leave a comment » Nevada Laws that were recently passedHere's an overview of what has happened this legislative session in Nevada.
It is clear that the discussion on sales tax on services is not over,
and that we'll have to continue fighting that battle (expect to see
ballot questions on this). However, the transaction tax that was proposed this session did not pass, and neither did the margin tax.
There was a last minute attempt -- on the last day of the Session, at
the last hour of the Session -- to place both taxes on the ballot. In a
dramatic move, the Assembly attempted to convene a meeting on the floor
of the Assembly and adopt a measure that would have taken the question
of a transaction tax and a margin tax directly to the people. However,
the effort failed as the Sine Die hour drew closer. So far, so good,
right? What did pass was an extension of the 2009 taxes that were set to
expire on June 30, 2011 - they will now expire on June 30, 2013. As part
of the budget discussions, there was an agreement to implement
education and collective bargaining reform, and the Modified Business
Tax (MBT - aka the payroll tax) was eliminated for businesses with a
payroll of less than $250,000 annually. That should be a savings for
most of the membership! Hooray! As you may remember, NVAR was intimately
involved in crafting two pieces of legislation and working with the bill
sponsors to accomplish two of the priorities identified by the NVAR Legislative Committee. The first issue was the prohibition of private transfer fees in the state of Nevada. We are happy to report that this bill passed and was signed into law on May 20, 2011. The second one was to repeal the change in your licensing period.
As you probably know, when you renew your real estate license after
June 30, 2011, your license will be renewed for four years instead of
two, and the cost of license renewal will be proportionately increased.
SB413 would have repealed this change and left your licensing period to
two years. Sadly, this bill did not pass, due to the $3 million
unsolicited fiscal note that was attached to the bill by the Real Estate
Division during the process. A fiscal note is essentially a "price tag"
and, as you well know, the Legislature was trying to cut costs;
creating a bigger hole was a huge obstacle to overcome. It did not pass
out of Senate Finance. Strictly speaking, this next one is not a real estate bill, but we
understand that *some* REALTORS® use cell phones for business so this
bill may impact you if, say, you use your phone in your car. SB140
prohibits the use of cell phone without a hands-free device while
driving, and prohibits typing/reading data while driving (any non-voice
communication, including texting, email, IM, web browsing, etc.). It
will be effective July 1. From July 1 to December 31, you can get pulled
over and be given a warning. Starting on January 1, 2012, citations
will be issued. So - go get that hands-free gadget if you don't have one
already, and no more texting while driving! Some of the bills we deal with will have a direct impact on real
estate transactions themselves. Here are updates on a couple of bills
we've discussed before. We've also talked about SB403
in previous issues - we're happy to report that it was delivered to the
Governor on Monday. This bill will make sure that a demand letter from
an HOA is good for 15 days after receipt. A number of lobbyists for
various interests worked hard to defeat this important piece of
legislation. However, the good guys won another victory for everyone in
the real estate industry. It was hard to believe that there were actual
special interests that preferred the status quo, but once again, your
Lobbying Team worked hard to push through this important piece of
legislation. Yeah, that was a hot issue this session. SB414
is now with the Governor for signature - this one makes it a
misdemeanor for a bank to unreasonably delay responding to a short sale
offer. It spells out that acceptance or rejection of an offer should be
received within 90 days. It also prohibits a bank from getting a
deficiency judgment if they agreed to a short sale (under certain
circumstances). About those deficiency judgments...AB273
is also with the Governor for signature. This is the bill that will
prevent banks from "double-dipping" and going after the borrower for the
full amount of the deficiency when they have received compensation from
other sources. It will cap the amount a third party can be awarded if
they bought the right to the deficiency for pennies on the dollar.
Finally, it will reduce the amount of time a junior lien holder has to
file for a deficiency from the current six years to six months, to be in
line with primary lien holders' timeframes. Update on SB136,
a bill that would change the maximum length of time a
state-chartered bank may hold real property that they acquired through
foreclosure from 10 years to 5 years - this one in being enrolled and should be delivered to the Governor shortly. AB360
is a bill that would mandate that local governments pass an ordinance
to afford property owners at least 30 days to fix a nuisance or
dangerous/noxious situation that was caused by the criminal activity of
someone other than the owner, as long as the situation is not a
immediate danger to public health, safety or welfare. It is being
enrolled and should be delivered to the Governor shortly. AB226
is a landlord-tenant bill that adds "functioning door lock" as
part of the definition of essential items and services. It also
requires a notification to the tenant that a lockout will happen within
24 hours of the sheriff receiving the order from the court. This bill became law and is effective October 1, 2011. Sadly, SB227,
a bill to make the Real Estate Division fee-based, did not pass. This
bill would have been useful in ensuring a level of funding for the
Division based on the number of licensees rather than on the Executive
Budget. The bill did not move out of the Senate until Day 119, and
despite a gallant effort by your Lobbying Team, the time grew short for
us to get this bill out of the second house. But, if there was a silver
lining in the bill's defeat, it was that the Legislature better
understood the devastating toll that three cycles of budget cuts has
taken on one of the most important industries in the state, and the
long-term impact these cuts will have to the Division and the industry
as a whole. SB314
adds a new permit under the umbrella of the Real Estate Division, by
requiring the registration and permitting of asset management companies
and their employees. More importantly, the bill removes the ability of
the purchaser to waive the SRPD, a complaint that the Lobbying Team
heard over and over again from the membership. So, consider it done!
Your voices were heard, and SB314 should provide all of you some relief
soon. Only one word can describe this issue -- HISTORIC. Attempted by
others frustrated with the Tahoe Regional Planning Agency (TRPA),
previous attempts had failed, but this Session had a different dynamic
to it. With less than five minutes left before the 1 am deadline, SB271
made it out of the Legislature! This bill provides for Nevada to
withdraw from the
Tahoe Regional Planning Compact.
If the Agency does not adopt an updated Regional Plan and the proposed
amendments are not approved by October 1, 2015, Nevada's withdrawal from
the Compact will become effective on that date unless the Governor
issues a proclamation extending the deadline for withdrawal until
October 1, 2017. Some of you may know that the Tahoe Regional Planning
Agency has been
creating some issues with property owners around Lake Tahoe, and the
proposed changes to the Compact would hopefully solve those, but the
Compact cannot be changed without the approval of the State of
California as well as Congress. Your Lobbying Team worked hard to ensure
this legislation passed despite a tremendous lobbying effort from
opponents of the bill, and some last minute attempts to gut the bill by
legislators sympathetic to environmentalists and instead create a study
of a potential withdrawal from the Compact and review the existing
problems surrounding the Agency. The bill passed the Assembly 28-16,
after having passed the Senate by a vote of 19-2. SB271 was literally
the second to the last bill approved by the 2011 Legislature just prior
to the close of the session. So now what? Much work is left, but a clear
message has been sent, despite the opposition's efforts to muddy the
message: Nevada's voice needs to be heard, and its opinions need to be
considered as the Agency moves forward. SB174
was one of the complex common-interest communities (CICs) bills
this session. Sponsored by Senator Allison Copening, this bill has been
contentious from the start, and eventually failed to pass out of Senate
Finance. SB174 met a fateful ending, unable to secure enough votes on
the floor of the Senate to see the light of day. However, in a last
ditch effort by collection companies, the most onerous provisions of
SB174, and those provisions which REALTORS objected to (provisions to
make collection fees part of the superpriority lien) found their way
into SB402
in a conference committee on the last day of Session. Facing sizable
odds against them, your Lobbying Team worked tirelessly until 1 am to
beat back this effort, and we are happy to report that, similar to the
fate of SB174, SB402 could not find its way out of the Senate. In a
rarity even for Carson City, the conference report could not obtain a
simple majority for adoption and as a result was left as one of the
lingering issues as the clock struck 1 am. A huge victory for homeowners
across the state, and a huge loss for the greedy collection companies.
Talk about your last second of session drama! This issue took the cake
this session, and will be a memorable one for those involved. We hope that you have found our weekly updates informative throughout
session, and watch the events calendar at your local association if you
would like to hear our wrap-up presentation in person. If you have
questions, please do not hesitate to contact our President, Mike Young, our
Legislative Chair, Joanne Levy, or our CEO, Rob Wigton. Have a great summer! Rocky Finseth, Jenny Reese, Teresa McKee, Isabelle Crawford, Laura Wood and Lauren Parobek The key provisions of AB226 that are of interest to REALTORS® are: The Governor signed this bill into law on May 18, 2011, and it will be effective October 1, 2011. Last year, NVAR's Legislative Committee identified private transfer
fees (aka reconveyance fee, capital recovery fee, private transfer tax)
as a concern for REALTORS®, as they may create last-minute closing
complications, impact home sales and title and lending problems. PTFs
have become a concern to states across the country, and 19 states now
have laws addressing PTFs or are in the process of addressing them. (A PTF is attached to a property as a covenant that requires the
payment (typically 1-2% of purchase price) to a private entity every
time the property changes hands, for periods up to 99 years.) Governor Sandoval signed this bill into law on May 20, 2011. It became effective at that time. This bill would revise provisions governing deficiencies existing
after foreclosure sales. This bill would change current law to: Assembly Majority Leader Marcus Conklin has been instrumental in drafting this legislation, and you should know that NVAR's Face of Foreclosure report was critical in convincing him of the importance of finding a solution for this problem. The bill was delivered to the Governor on June 3, and will be
effective upon passage and approval, except for the change from six
years to six months provision that will be effective July 1, 2011. This bill would mandate that local governments pass an ordinance to
afford property owners at least 30 days to fix a nuisance or
dangerous/noxious situation that was caused by the criminal activity of
someone other than the owner, as long as the situation is not a
immediate danger to public health, safety or welfare. It would also
change the maximum daily fine for nonresidential properties from $500 to
$750. Your Lobbying Team has been working on this issue with the City of Reno throughout the interim and the legislative session. The bill passed out of both houses and will be on the Governor's desk
shortly. This bill will be effective upon passage and approval. This bill would provide for the licensure of energy auditors by the
Real Estate Division and establish the minimum training and
qualifications requirements to be licensed. It would establish the
requirements for conducting an energy audit (including elements to be
evaluated, software and tools to be used, and report to be provided). It would also repeal the section of NRS that mandates the seller to
provide an evaluation of energy consumption of the property...what this
means is that the seller would no longer be required to fill out the
energy consumption evaluation form as soon as the Governor signs the bill. This bill was delivered to the Governor on June 6. The effective date
is upon signature for the repeal of current regulations and for the
adoption of new regulations to license energy auditors, and July 1,
2011, for all other purposes. It would have established a
transaction tax of 1% on services. The tax would have been paid by the consumer
based on the purchase price of the services, and would have taken effect on
January 1, 2012. This is the tax on services proposal we had expected to see this session. There were a number of exemptions to this transaction tax... but they
did not include real estate related services. Here's the list of
exemptions that were included: The bill would also have defined the purchase price, and excluded the following from the definition (and therefore the tax): One other important provision of AB569 would have been that the
transaction tax on services would have had to be paid by the consumer,
and the service provider would have had to collect it and remit it to
the
Department of Taxation on a set schedule (depending on the amount of
taxes
collected). Finally, AB569 would have extended the sunset for the 0.35 percent increase in
the Local School Support Tax portion of the state's sales and use tax
from June 30, 2011, to June 30, 2012. This increase was originally
approved in SB429 of the 2009 legislative session. This bill will: The bill is being enrolled and should be delivered to the Governor very soon. It will be effective upon passage and approval. SB140 would prohibit the use of cell phone without a hands-free device while
driving. It would also prohibit typing/reading data while driving (any
non-voice communication, including texting, email, IM, web browsing,
etc.). Violation is a misdemeanor with fines increasing with each
offense, and possible license suspension under certain circumstances. This is considered a "primary" offense,
meaning that you can get pulled over and cited for it, as opposed to a
"secondary" offense (like the seat belt law) where a law enforcement
officer cannot pull you over for failure to wear a seat belt but can
give you a citation if he pulled you over for another reason and you're
not wearing a seat belt. This bill was delivered to the Governor on June 9. If signed, it will
be effective on July 1, 2011, with citations being issued starting on
January 1, 2012. SB174 was one of the complex common-interest communities (CICs) bills
this session. Sponsored by Senator Allison Copening, this bill has been
contentious from the start, and eventually failed to pass out of Senate
Finance. The bill included provisions to cap collection fees, but would also
have made the collection fees part of the superpriority lien. When SB174
failed to pass out of Senate Finance, those collection fee provisions
were snuck in SB402 as an amendment during the conference committee
meeting. However, both houses failed to adopt the conference committee
report and SB402 died. Which brings us to this question: are collection fees capped or not?
Kinda. The Commission for Common-Interest Communities and Condominium
Hotels has adopted a regulation that caps some of the fees involved, and the effective date is May 5, 2011. The main intent of this bill was to make the Real Estate Division (RED)
self-funded, which would have meant that the Division would rely on the fees received from its
licensees for funding rather than rely on the Executive Budget
allocations. The Real
Estate Administrator made a presentation in late February before a joint
subcommittee revealing the Division's budget as proposed by Governor
Sandoval. Under the Governor's proposal, some services would need to be
eliminated or reduced, including: SB227
presented a potential solution to these reductions in services by
allowing the RED to keep the fees it
collects from licensees to operate, and ensure a certain level of
service based on the number of licensees rather than on the Executive
Budget. It would have ensured that the RED is no longer subject to the
across-the-board cuts we have seen over the past few years. This bill did pass out of the Senate, but did not pass out of Assembly Ways and Means before the Legislature adjourned. This bill would provide an option for Nevada to pull out of the Tahoe
Regional Planning Compact if California and Congress do not approve the
proposed changes to the Compact within a certain timeframe. Some of you
may know that the Tahoe Regional Planning Agency has been creating some
issues with property owners around Lake Tahoe, and the proposed changes
to the Compact would hopefully solve those. The problem is that the
Compact cannot be
changed without the approval of the State of California as well as
Congress, and the changes proposed by the State of Nevada over the years
have been essentially ignored by California. This bill would provide a
last opportunity for California to approve the changes the State of
Nevada feels are necessary, while providing Nevada a way out of the
Compact should California decide not to cooperate to fix the problems at
the Lake. The bill passed out of both houses and will be on the Governor's desk shortly. It will be effective upon passage and approval. This bill would provide for the registration, permitting and
regulation of asset management companies and their employees and agents
through the Real Estate Division. Asset management companies provide management services for real
property which is in foreclosure and which is owned by a bank, mortgage
broker, mortgage banker, credit union, thrift company or savings and
loan association, or any subsidiary thereof or a governmental entity.
Such companies manage the property, performing services such as securing
the property by changing locks, removing trash and debris, cleaning the
home and surrounding property, performing maintenance and repairs of
homes and disposing of the personal property of homeowners left in homes
which are in foreclosure and which the legal owner has deemed
abandoned. Buried deep in this bill is also a provision that removes the ability
for the purchaser to waive the SRPD, and spells out that a seller may
not require a purchaser to waive the SRPD. It also adds that if an asset
manager knows of any defects in the property, he must give written
notice of the defect(s) to the purchaser. The bill passed out of both houses and will be on the Governor's desk
shortly. It will be effective upon passage and approval for the
purposes of adopting regulations and performing administrative tasks,
and October 1, 2011, for all other purposes. This bill would ensure that the demand letter from an HOA must remain
effective for a period of no less than 15 working days from the date of
delivery to the owner or his/her agent. The bill was delivered to the Governor on June 6, and if signed will be effective July 1, 2011. This bill would have repealed the following provisions that are set to take effect on July 1, 2011: Had this bill passed, those provisions would have been eliminated from the
law and there would have been no change in the licensing period or licensing
fees for real estate licensees. This bill would do two main things: This bill was delivered to the Governor on June 6, and will be effective upon passage and approval. A proposed amendment to SB491 would have created a new, broad-based
business tax of 1% of the taxable margin of a business (margin tax). The
tax would have applied to those businesses whose total revenue exceeds $1
million per year. Sole proprietorships, general partnership directed by
natural persons, and non-profit organizations would have been excluded from the tax.
It would have been effective July 1, 2012.
A sunset provision was slipped into the amendment
as well - to remove the June 30, 2011 sunset for the $100 per
year increase in the Business License Fee approved in the 2009 bills
SB429 and SB435. This would have meant that starting July 1, 2011, the state
Business License Fee would have continued to be $200 per year, but without an "end" date to reduce it back to $100.
http://www.lasvegasluxurypropertieslink.com/00BA91
Posted on June 16, 2011 18:42:32 by Felipe Crook
Posted in Las Vegas Neighborhood Information
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Leave a comment » April existing home sales ease nationally. Vegas home sales strong.Housing sales slowed a bit in April, but Las Vegas still showed strong number of home sales with 40% cash buyers.
Existing-home sales slipped in April, although the market has managed six gains in the past nine months, according to the National Association of REALTORS®. Las Vegas Housing Market: As of May 19, 2011: Total inventory of Single Family Homes: 11,476 properties 5,554 homes are short sales 2,244 homes are foreclosures 3,678 homes are traditional sellers 3,389 homes SOLD in April which means there is a 3.3 month supply of homes on the market. Any time you have a 3 month or less supply, it becomes more and more difficult to secure a property for purchase. 40% of those transactions were paid for with CASH. That is a huge amount of money coming into our market. In writing offers for my current clients currently, I'm starting to see more and more multiple offers. If you would like to search for properties in Las Vegas click here! Felipe Crook Prudential Americana Group Realtors Las Vegas, NV 89117 1-866-589-1646
Source: NAR http://www.lasvegasluxurypropertieslink.com/00B9B6
Posted on May 19, 2011 18:30:41 by Felipe Crook
Posted in Las Vegas Neighborhood Information
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1 comment » Beware of certain mortgage brokers in Las VegasBuyers have to be careful who they choose to help them on a residential real estate transaction. Picking the wrong team can be a disaster.
I'm trying to figure out how to approach this subject without sounding like a rant, but it frustrates me that certain mortgage brokers do such a horrible job! In a residential real estate transaction, the first thing a buyer should do is get pre-qualified for a mortgage. Some buyers don't want to do this step of the process because they are "sure" that financing will be no problem. Other buyers want to find the house first, and then apply for a mortgage because they don't want to hurt their credit from more than one inquiry. And lastly, there are buyers who run out and arrange all of their financing before they even speak to a real estate agent. Because of the huge sub-prime lending mess, underwriters have tightened up their lending practices SO much, that it's a bit ridiculous. The pendulum has swung so far the other direction that financing has become a major hurdle to buying a house. I worked with a client who had no debt, made over $150,000, and was buying a house for $250,000. He had money and was a prime buyer......who almost didn't get a loan because a lender technicality. PLEASE, make sure you get pre-qualified so you are certain that there is not an issue with financing. Many times a solution can be found, which lead me to my next point: It's so crucial that when you are choosing a Realtor and mortgage broker, that you have a team of people who communicate. If you have a real estate agent or a banker who doesn't call you back, or who doesn't respond to emails: RUN TO THE NEXT PERSON! There is absolutely no excuse for a professional to not call someone back. Granted, I can not always answer my phone when you call, but I will ALWAYS call you back. I'm currently doing a transaction with a certain mortgage broker and no one is able or willing to communicate the status on this loan. I was unable to reach this loan officer for a week and a half after phone calls and emails, I decided to text her and then she finally responded. At this point, we are a week and a half past our close of escrow date with a $50 per day penalty and after repeated phone calls, emails, texts, and a visit to their office, no one is communicating with me, the title officer, or the buyer. How is the world can a mortgage brokerage do this and stay in business? It baffles me. I have been licensed since 2003 and I've had to go through a ton of bad mortgage brokers. When the market crashed, most of the bad brokers left too, but there are obviously some unprofessional ones left. I have a team that I work with that I trust, who have a proven track record of closing on time, constant and thorough communication, and great customer service. I do not make money of the loan. I have no financial benefit to sending a buyer to a specific mortgage broker. The ONLY benefit I have, is the assurance that they are professionals who know what they are doing. If there is a problem, they communicate. If there is an issue that needs to be addressed, they let me know and we solve the problem together. It's essential that you work with a team of problem solvers who make the transaction as smooth a process as possible. If you are considering buying a home in Las Vegas and need a referral for a mortgage broker and direct lender, please call me. I would be happy to help you out, even if you're already working with another Realtor, although I'd love to work with you if you aren't. :) Felipe Crook Prudential Americana Group Realtors 1-866-589-1646 http://www.lasvegasluxurypropertieslink.com/00B963
Posted on May 09, 2011 17:44:52 by Felipe Crook
Posted in Las Vegas Neighborhood Information
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Leave a comment » Las Vegas is Cheaper to buy then rent! Why are you waiting?Finally we're number 1 for something GOOD! Las Vegas Nevada is the number 1 city where it is cheaper to buy than it is to rent. Contact Felipe Crook for personalized information on the real estate market in Las Vegas.
Americans in 39 of the country's 50 largest cities are finding it's cheaper to buy a home than rent one, according to Trulia's second quarter Rent vs. Buy index. In its index, Trulia compared the cost of buying and renting a two-bedroom apartment, condo, or town home in the 50 largest cities in the country. Search for Las Vegas Homes For Sale below, save your favorites, get notified of new properties that come on the market. This website is updated hourly and is more current than Realtor.com. If you'd like a specific search, please contact Felipe Crook at 1-866-589-1646 Felipe Crook Prudential Americana Group http://www.lasvegasluxurypropertieslink.com/00B91D
Posted on April 29, 2011 12:09:36 by Felipe Crook
Posted in Las Vegas Neighborhood Information
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Leave a comment » New Homes for sale in Las VegasNew Home in Las Vegas Nevada are offering incredible incentives to buyers looking to take advantage of the real estate market. For more specific information, please contact Felipe Crook at 1-866-589-1646.
After three straight months of declines,
sales of new homes got a boost last month, jumping 11 percent, according
to the Commerce Departments latest new-home sales report released
Monday. If you would like to search for a new home in Las Vegas Click Here. Remember: Your realtor must accompany you on your first visit to a new home community. Buyer representation is FREE! Felipe Crook Prudential Americana Group Realtors. Las Vegas, NV 89117 1-866-589-1646 http://www.lasvegasluxurypropertieslink.com/00B8ED
Posted on April 25, 2011 19:15:11 by Felipe Crook
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