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FAQ

What do you think of Dick's Sporting Goods announcing it will stop selling firearms completely?
From what I hear, they are only pulling guns from some stores, and most of those are stores where gun sales are quite low. So basically, a store that still has high gun sales will likely still offer them with no change. This does not appear to be a politically-driven act, but more of an economic reason.However, Dick’s shot(no pun intended) themselves in the foot after the Parkland school shooting, when they announced they would refuse to sell a gun to anyone under 21. This was a clear message that they were afraid of the rabid part of the “anti-gun left”, and they were caving in to the societal pressure. That or they simply wanted to earn “brownie points”. In response, gun sales dropped quite a bit, and some pro-2nd Amendment supporters stopped shopping there altogether.Thus, this announcement is immediately taken by many on the right as “Dick’s first raised the age to buy a gun, and now they are refusing to sell any guns at all. Let’s boycott them fully.”Whether this mindset is correct, or rational, or totally wrong is irrelevant. By raising the age to 21, Dick’s was making a statement. They were saying the national law was not enough and that they were going to do their part in further restrictions(as is their right to do). However, as our dear friends on the left love to remind us…actions have consequences. In this case, those consequences appear to include a loss in revenue, and also a tendency for their customers who lean right politically to “jump to conclusions”.
What is the cheapest way to list your house for sale on the MLS?
Since the MLS is owned by local real estate boards, you will need to list the property with a licensed real estate broker. However, instead of signing a contract for “full service,” you’ll want to ask for an “entry-only” option. Google “mls entry only” and you’ll get a list of brokers that do that.In terms of cost for entry-only listings, its starts at as little as $99 per listing plus 1% for Buyer’s commission for a 6 month contract. Some also tact on a small percentage fee at time of sale.You might have noticed that you still are being asked to pay a Buyer’s Agent commission of 1% or more, this is because the MLS is a RE agent marketplace - agents are there to make money and if you offer %0 commission, you will get 0% interest from agents to mention your property or show it to their clients. However, if you only want to deal with un-represented buyers, then try asking for a 0% buyer commission option, as some might allow that.Now, this type of service comes with both pros and cons.The pros are: its cheaper than the 4–6% you might pay for full service, gets you maximum advertising reach (with listing on zillow, realtor.com, and dozen of other sites), and allows you full control of the sales process.The cons are: you’ll have to do all the work in selling your home, such as: decide your price, take your photos, arrange showings, setup open houses, negotiate price, provide your own contracts, and deal with the sales process on your own.Another con, less known to outsiders, agents HATE entry-only listings and even if you offer a standard Buyer’s commission they avoid them. Couple of reasons for this:agents are already facing competition for other listing sources so why encourage it within their own marketplacebuyer agents don’t want to negotiate directly with “inexperienced” sellers - who overvalue their home or don’t have the right contracts or want them to advice them thru the selling process
What tips do you have for me to sell my house, especially if I want to try to sell it myself?
If you really think you can do it yourself, use a flat fee listing service and get it on the MLS. Don't list if for sale by owner or you will field 20 calls a day from agents trying to list your house. Make sure to take good pictures and get the clutter out. Be prepared for things to get messy. You must keep track of deadlines and be a good negotiator. Will you be prepared if the buyer backs out or tries to renegotiate the deal after inspections? How are you determining the price? Have you sold a house before and do you know how the process works? You are also taking on a lot of liability without a broker. You will need to fill out disclosure forms etc. on your own.The biggest issues I see are bad or no pictures, no return calls for showings, and the price is too high for the value. You will also want to offer a buyer's commission or risk no one wanting to show your house. Buyers will not want to pay the agent's commission so you will severely limit your market if you don't.If your house is priced right you will get a lot of calls for showings so make sure you have the time to answer calls all day.
My friend was forced out of a house they trespassed in, at gunpoint by the owner. Was it legal for the owner to do this?
Not to disagree with nearly everyone who has already responded to this, but I disagree with nearly everyone who has already responded to this.But part of the problem is that we don't actually have enough info.Most everywhere in the U.S., when you are not in your house, you have a "duty to flee" unless you cannot reasonably do so.  This means that if you can run away that is what you should do.  If you can't run away, then you may respond to your aggressor with equal force.Generally speaking that means if your attacker is unarmed, you can fight back unarmed.  If your attacker has a non-deadly weapon, then you can use a non-deadly weapon.  If your attacker is using lethal force, then you can respond with lethal force.I say nearly everywhere because there are exceptions, like Florida and their "stand your ground" law that changes that.  But those are the exceptions to the rule.Of course some of this changes once you are home.  In your own home you no longer have a 'duty to flee' and you can defend your home.  However the 'respond with equal force' portion does not go away.So, your friends are trespassing.  The homeowner shows up and tells them to leave.  They refuse and possibly threaten him and he threatens to shoot them.  Before anyone can say for sure if the homeowner was justified, we need more info.  Such as:- What was the threat?- Was it a realistic threat or just nonsense?- Were the trespassers armed in any way?- Did the threat include whatever it was they were possibly armed with?- Was the homeowner's gun loaded? - Are there drugs present?- Are the trespassers visibly high on drugs? - What were the age, sex and size of the trespassers?- What was the age, sex and size of the homeowner?The last two are not really part of any law, but they will play a part in any jury's deliberation.So here are two scenarios.  [Note I've changed the ending in the scenarios from what actually happened]:Scenario 1: The homeowner, a 35 year old male, professional weight lifter and black belt in three types of martial arts, comes home to find four girls all around the age of seventeen in his house.  The homeowner recognizes them as local girls from the neighborhood.  The girls are all dancing and are all wearing short shorts, tight t-shirts and flip flops.  The homeowner tells them to leave and they refuse.  One of the girls says, "Chill out.  We're just dancing."  Another girl says, "If you don't leave us alone I'm gonna call the president and have him drop a nuclear bomb on your house."  The home owners goes and gets a gun and threaten the girls.  The girls start screaming.  Somehow in the confusion the gun goes off and one of the girls gets shot, but fortunately nobody dies.Scenario 2: The homeowner, a 72 year old, retired female librarian who walks with a cane, comes home to find four large men partying in her living room.  She does not recognize any of them.  The screen of her television set is smashed in and the living room is a complete mess.  There are a variety of drug paraphernalia scattered across the coffee table and some of the trespassers are acting strange, erratic and aggressive.  The trespassers are all wearing baggy pants, and jackets or hoodies.  One of them has a gun visibly tucked into the back of his pants and there is a second gun on the coffee table with the drugs.  The homeowner tells them all to leave.  One of the trespassers says, "Grandma, get out of here now before we decide to add you to this party."  Another one pulls the gun from his pants and says, "If you don't leave I'm going to shoot you in the face with this gun. The homeowner retreats to the hall closet and gets her shotgun.  She returns and tells the four to get out of her house now.  One of the trespassers says, "@!#$* I'm going to kill you!" and reaches for the gun on the table.  The trespasser with the gun in his hand points it at the homeowner.  She fires repeatedly and kills all four of them.In one of these scenarios the homeowner will be treated like a hero.  In the other one, the homeowner will be going to jail.  I will assume that you can figure out which is which.Of course in the real scenario, nobody was hurt or shot, which definitely changes things and makes it all a bit grayer.The question then is, if we make a spectrum with scenario 1 on one side and scenario 2 on the other side, where does your friend's situation fall?The point is that without ALL of the info, we just cannot say.(And that is all of the ACTUAL information and not just what your friend told you when he was trying to impress you with his tale.)
Should there be a public map of gun owners in the US available online?
Sure, let’s violate people’s right to privacy, just so people who know nothing about the amazing usefulness and need for firearms can “feel” safer, because they can point a finger at someone and tell themselves that RIGHT THERE is one of those evil gun owners, liable to snap at any given moment, and kill the innocent…or some such useless drivel.Seriously, what goes through your mind, OP, when you pen such a ludicrous (and useless) question? What makes you - or any sane person - think this is a good idea? Are you so ignorant on the subject of firearms that you feel that you will be safer if you know who has them?Try this: Assume everyone you meet is armed. Try that for a week. At the end of the week, examine your feelings, your reactions, etc. Did your activities change? Did it actually matter to you at all? I’m betting it won’t, for the simple reason that in some states, most people are armed, and no one really cares.If you think you’re safer when you’re more defenseless, I’ve got two things to say about that:1 - You need to explain the logic of that to me, and others who support the 2nd Amendment (which is, by the way, the law).2 - Don’t ask others to “feel” the way you do about the subject. We’re not asking you to change your life, so don’t ask us to change ours.And lastly, before posting such nonsense in the future, do some research on the subject, and learn a bit more about firearms. You might be surprised. The only one who can change your mind is you, and only facts are going to help with that.
What forms do I need to fill out as a first-year LLC owner? It's a partnership LLC.
A Limited Liability Company (LLC) is business structure that provides the limited liability protection features of a corporation and the tax efficiencies and operational flexibility of a partnership.Unlike shareholders in a corporation, LLCs are not taxed as a separate business entity. Instead, all profits and losses are "passed through" the business to each member of the LLC. LLC members report profits and losses on their personal federal tax returns, just like the owners of a partnership would.The owners of an LLC have no personal liability for the obligations of the LLC. An LLC is the entity of choice for a businesses seeking to flow through losses to its investors because an LLC offers complete liability protection to all its members. The basic requirement for forming an Limited Liability Company are:Search your business name - before you form an LLC, you should check that your proposed business name is not too similar to another LLC registered with your state's Secretary of StateFile Articles of Organization - the first formal paper you will need file with your state's Secretary of State to form an LLC. This is a necessary document for setting up an LLC in many states. Create an Operating Agreement - an agreement among LLC members governing the LLC's business, and member's financial and managerial rights and duties. Think of this as a contract that governs the rules for the people who own the LLC. Get an Employer Identification Number (EIN) - a number assigned by the IRS and used to identify taxpayers that are required to file various business tax returns. You can easily file for an EIN online if you have a social security number. If you do not have a social security number or if you live outsides of United States, ask a business lawyer to help you get one.File Statement of Information - includes fairly basic information about the LLC that you need to file with your state’s Secretary of State every 2 years. Think of it as a company census you must complete every 2 years.Search and Apply for Business Licenses and Permits - once your business is registered, you should look and apply for necessary licenses and permits you will need from the county and city where you will do business. Every business has their own business licenses and permits so either do a Google search of your business along with the words "permits and licenses" or talk to a business lawyer to guide you with this.If you have any other questions, talk to a business lawyer who will clarify and help you with all 6 above steps or answer any other question you may have about starting your business.I am answering from the perspective of a business lawyer who represents businesspersons and entrepreneurs with their new and existing businesses. Feel free to contact me sam@mollaeilaw.com if you need to form your LLC.In my course, How To Incorporate Your Business on Your Own: Quick & Easy, you will learn how to form your own Limited Liability Company (LLC) or Corporation without a lawyer, choose a business name, file a fictitious business name, file Articles of Organization or Articles of Incorporation, create Operating Agreement or Bylaws, apply for an EIN, file Statement of Information, and how to get business licenses and permits.
How do I express my intent to purchase a house that is not for sale by its owner
I am going to restate this question as the grammar used makes it a bit difficult to understand your true intentions. I am going to assume for a moment that you meant to ask:“How do I express my INTENT to purchase a house that is not for sale BY its owner.”If that is not the case, please explain in the comments to this answer.You send them an actual offer. Pure and simple. If you actually want to buy it, you find an attorney or an agent who can write an offer on the property and leave it to the professional to determine how best to deliver the offer after you have signed it.It is rare that someone actually wants to BUY a house sight unseen, but I have seen it happen several times. Usually it is a piece of land or a house on a piece of land that the buyer wants to possess. The actual house on it then becomes irrelevant and the buyer does not need to decide based on being inside the house of it.This is done all of the time and you need to write a very STRONG offer and often with a “non-refundable” deposit. These types of offers are done most often by builders who send them to 6 owners when only intending to purchase 2 or 3 of them. They pay a non-refundable deposit to all 6 with a 6 month’s to close contract. It is how they keep projects in their pipeline on a continuous basis so that they do not have any down time.When you say “who do I express my MEANS to purchase” you are suggesting that you need to prove to them that you have the “means” to buy it. That you have the money to buy it. That is a different issue altogether and often purchases of this kind are cash purchases and not financed purchases. Proof of Funds to purchase doesn’t happen until after you get the owner to agree to sell it.Everything is for sale…if you are willing to pay the right price to cause that to happen. Often you have to pay a premium to buy a property that is not for sale. Sometimes you can offer a fair price with unusual terms. But if you don’t KNOW for sure that you want to buy it or have the means to buy it, sometimes it’s better not to drag other people into your fantasies. TEST your desire and ability to purchase by going to a professional to write the offer. If they won’t write it and deliver it because what you are proposing is not realistic, then you won’t have to bother the owner unnecessarily.If you want to provide additional details as to why you know you want to buy this particular property without having seen it, I would be happy to expand the answer accordingly.
How do I inquire about a house for sale by owner?
One of two ways:First, you can simply approach the owner directly, probably by phone and then arrange a visit to the property. Please do not go alone! Bring a spouse/friend, and don’t go into any room of the home alone. There are nutty people out there.Second, call your local real estate firm and request that a real estate agent go with you to see the property. The agent may ask that you sign a one-day contract. If you choose to buy the property you will owe the agent a commission, but it will be worth it.Your agent knows the questions to ask, and what defects or other concerns to look for during your visit. Your agent will have also visited comparable properties nearby, so he/she will know how it stacks up. They will know the real value of the property. Having an agent go with you will show the FSBO that you aren’t naive, you’re serious, and you aren’t going to be fooled.Your agent can also check on the validity of the title, tax records, etc. Is is so important that you determine that the person selling the property is, in fact, the owner of the property. Many homes that were owned by elderly who have passed on or entered a nursing home have their homes placed in a trust, the person trying to sell the property may be one of the children, and just assume the house it theirs to sell. The property may have a reverse mortgage on it, or someone else may hold power of attorney. This is huge and a real problem.Also, every FSBO I’ve seen is asking more than the market price. A common sentiment is “I know this house better than anyone, and I can get the best price.” They may know their house, but, unless they work in real estate, they don’t know what the property is worth. They can ask for any amount of money they want, but the market sets the sale price. If it’s overpriced, it will not sell.If you want to make an offer, your agent can help you put one together. They will advise you to get a mortgage pre-approval for the amount of your offer, and any other documentation that will make your offer more attractive than a competitor. They will help you negotiate, and will most likely save you thousands (sometimes tens of thousands) of dollars. The commission you pay will be worth it!P. S. in any scenario, you also need to have a good real estate lawyer.
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