There are two sides to this coin, well, maybe three.  On one side we have the non-smokers who have been anxiously awaiting December 1, 2009 to finally roll around.  One the other side we have the smokers who are upset that they will no longer be able to enjoy a cigarette with their meal.  And on the third side we have the tobacco industry that is losing the public smoking battle in pro-tobacco states.  So, how is this law going to effect us? 

1.  The following places are exempt from the law:  private clubs, hot dog stands, catering services, pushcart services, outdoor areas of restaurants that are not enclosed in any way except roofing, restaurants located on the premises of tobacco producers, and any portion of a restaurant that is structurally separated from the non-smokers with its own ventilation system and there is at least one public entrance into the non-smoking area. 

2.  The new law does effect bars and lounges since food must be served in order to receive an on-premise ABC license. 

3.  Smoking is prohibited in restrooms.  Yes, just like in an airplane. 

For a comprehensive list of FAQ visit Restaurants and Smoking in Virginia FAQs. 

Violators of the smoking ban face a $25.00 fine as do the restaurant owners.

As of July 1, 2009 I will be alot less productive, but the roads will probably be safer while I’m on them.  As of tomorrow, Virginians  can no longer text while driving.  This ban also includes reading texts and reading and sending emails.  However, Virginians can still use hand-held phones while driving if they are over 18 years old.  Drivers can also read and type if they are legally stopped or parked.  I guess we will all be praying for more red lights!  Today, I think I’ll work exclusively from my car and blackberry, just to get it out of my system.

April is Fair Housing Month!  (I’m a licensed Fair Housing Instructor and I must say that Fair Housing is absolutely my favorite class to teach!)  Why April?  Well, two reasons.  First, this is the month that Congress passed Title VIII of the Civil Rights Act of 1968.  This Act prohibits discrimination in housing based on race, color, religion, or national origin.  The second reason April is Fair Housing month actually triggered the passing of Title VIII.  On April 4, 1968 Martin Luther King Jr. was assassinated.  It was 7 days later that Congress finally passed Title VIII which had been floundering in Congress for several months.  Since 1968, other Fair Housing protected classes have been added. 

Today we have 7 nationally protected classes – Familial Status, Race, Sex, Disability (Handicap), Color, Religion, and National Origin.  In Virginia we have an additional protected class – Elderliness, which is defined as being 55 years old or older.   Some Northern Virginia areas have protected other demographics.  Alexandria City, Arlington County, Fairfax County, and Fall Church City have protected children, marital status, ancestry, age and sexual orientation.  No one can discriminate in housing based on race!  No one!  Period.  (Refer to the Civil Rights Act of 1866 if you have any questions about this).   

Fair Housing laws prevent a real estate licensee from discussing anything related to a protected class.  This extends to discussing a licensees opinion on school systems and the best neighborhoods to live in.

So when do Fair Housing laws apply to the average consumer who does not have a real estate license?  Remember, no one can discriminate based on race.  It doesn’t matter who you are.  If a consumer owns four or more properties, then Fair Housing laws apply.  And, if a consumer hires a licensee, then Fair Housing laws apply.    

Since the real estate market turned I’ve become more and more aware of the importance of the consumer’s right to choose their own representation in all aspects of a real estate transaction.  This includes the right to choose a REALTOR, lender, home inspector, and settlement agent.  Now the law is pretty clear on this subject.  No one can make a consumer use a particular tradesperson as a condition of an accepted offer or loan approval.  However, I am seeing more and more companies violate this law, or bend the law, as times get tougher.  I guess it is the “protect your own” mentality.  The reasons these laws are in place is to help prevent anti-trust violations and kickbacks.  Yes, kickbacks are illegal in real estate.

The most common example of the consumer’s right to choose being ignored occurs when trying to purchase a Foreclosure.  Virginia law says that the purchaser has the right to choose the settlement company.  Why is it the purchaser’s choice?  Well, in Virginia, the purchaser pays for the title work and title insurance.  Therefore, the purchaser has the right to choose the company that will be ordering the title work and supplying the insurance policy.  (This varies from state to state.  In some states the seller pays for title work, so the seller gets to choose the settlement agent).  Many Foreclosure banks are conditioning an offer’s acceptance on the buyer using the bank’s settlement agent.  Many times this settlement agent is located well outside the area the of the foreclosure and is rather inconvenient to get to.  This scenario violates RESPA and the purchaser’s right to choose their own settlement agent.  Some banks are getting around RESPA by offering the buyer free title work or a discount title policy.  Just remember, you get what you pay for.  Sometimes it’s worth paying full price to make sure you are getting the most protection.     

Are incentives for using particular tradespeople allowed?  For example, if you use this particular tradesperson you get a bonus as a seller or a buyer.  Yes, incentives are allowed.  However, the consumer needs to weigh what they may be giving up for accepting an incentive.  Who is the tradesperson working for?  Are they working for the person or company referring them the business or the consumer?  Should the consumer still interview out of network tradespeople?  Yes, by all means, you should be interviewing out-of-network tradespeople to make sure you hire someone that will represent your best interests.  This is not to say that tradespeople within the network are not going to represent a consumer well.  I know many in-network tradespeople that are fabulous to work with.  In-network tradespeople may go through additional training and may be required to carry certain designations in order to remain in the network.  But, the consumer has the right to explore all of their options and no one can prevent a consumer from hiring an out-of-network tradesperson.  You just may not get your incentive if you go outside the network.    

The important thing to remember is that consumers have a choice.  A consumer’s decision to waive their right to that choice can alter a transaction’s outcome greatly.

The 2008 Presidential Election will make history.  The United States will either have our first African-American President or first female Vice President.  Like the 2000 Presidential Election, every vote will count.  Virginia is already receiving recognition as a battleground state.  If you have not registered to vote yet, please click here.  You must have the documents postmarked at least 29 days before the General Election if you plan to vote.  Make your voice be heard.  Sign up to vote today!  

FYI: There has been a rash of break-ins and vandalisms to cars in the downtown Fredericksburg area.  I personally know three people who have been effected.  Their cars were damaged on Kenmore Ave, Mortimer Ave, and Prince Edward Street.  Be sure to remove valuables from your car, lock it, and set your alarm.   

Fredericksburg City Council met yet again on August 12, 2008 to discuss the fate of 1200 Prince Edward Street.  The apartment house at 1200 Prince Edward Street burned down during Hurricane Isabel in September 2003.  The building has remained a burned out shell at the corner of Lewis Street and Prince Edward Street since the fire.  City Council met in 2006 to discuss the structure and rejected a proposal for a four unit condominuim development presented by the land owner, Al Sharp.  Since the last City Council meeting, where the counsel favored demolition of the building, Al Sharp has suffered a tramatic injury that has left him a quadriplegic and has put the 1200 Prince Edward Street project on the back burner in his life.  The building/ land has also failed to sell at the current list price of roughly $600,000.  (Current Listing information could not be found in MRIS).  Last night’s meeting pitted neighbor against neighbor again with many voiceing their support for preserving the architectural significance of the building, while others had gathered 44 signatures on a petition to demolish the building.  (I happen to live on Prince Edward Street – 2 blocks away, and was never asked to sign this petition). 

So, what will City Council do next?  In my heart, I would like to see the structure preserved, especially since it is located in the historic district and has deep roots in the community.  However, I understand the immediate neighbors reservations about a multi-unit dwelling coming back to the neighborhood, although there are numerous multi-unit dwellings on this street.  If City Council allows another preservation and rebuilding plan to be submitted for review, Al Sharp would have to be granted a special use permit in order to reconstruct the building.  This is a pretty tall order considering the neighbors’ opposition.  I really don’t see a single family home being built on this property unless it is a McMansion which is a whole other concern for downtown Fredericksburg.  I hope that a decision can be reached quickly, and that what ever it is, this corner will be cleaned up soon!    

I have been asked many times why I spend so much time cultivating my relationships on the internet.  I’m not referring to internet dating or chat rooms, but rather social media like blogging and Twitter.  Questions arise like, “How can you get to know people by reading blogs or reading mini-blogs?”  Twitter, a mini-blog where you are limited to typing 140 characters at a time, is the most confusing for those who don’t participate.  My husband is very curious as to how I can convey a worthwhile message in 140 characters.  My answer is always that I have learned to get my meaning across in an efficient way.  Many real estate professionals have not yet found the value in this type of networking.  But, I am here today to tell you that the relationships you create through social media are real and lasting. 

I woke up this morning to the news that one of ”the people that lives in my computer” has passed away.  I am overcome with grief.  In 140 characters or less we developed a friendship that I will cherish for the rest of my life.  I learned about real estate, inner strength, and life from a person who I would have never known had I not taken the jump and joined the social media movement.  I had the absolute pleasure of meeting this Twitter friend at the NAR Mid-Year Tweetup, which only added to the  bond the internet had already created.  

As I think about @Pinky379’s family and friends today, I am honored to be counted among them.  I am also honored and lucky to be a part of such an incredible social media network.  Being on Twitter will be very hard today as we remember how Pinky touched each of us with her words of wisdom and her incredible sense of humor.  But, I am also seeing a celebration of a life lost too soon and one that will be missed by so many.   

Are social media relationships meaningful?  Without a doubt.  How do I know?  Because I am seeing an outpouring of support and emotion from a group of people who, for the most part, have never met and may never meet.  But, we all believe we are better people for having followed @Pinky379. 

Having been raised in North Carolina, of course, I’m partial.  But, now I live in Virginia and according to North Carolina, this isn’t the south!  I was always taught that the Mason-Dixon line was the North Carolina/ Virginia border, cause that’s where good bbq stops.  My husband and I have truly loved living in VA, but at times we really miss living in the land of Dixie.  It’s funny ’cause both our families are from up north.  We recently went to South Carolina for our one year wedding anniversary.  This trip brought back lot of memories.  We also remembered 10 things we love about living down south!

1.  Girls have 2 first names – Our waitress on our first night reminded us of this.  Her name was Sarah Paige.  One of my good friends from high school was Mary Beth.  It goes on and on.  Boys are not immune from this southern tradition either.  Who can forget names like Billy Ray, John Thomas, and Carter Finley – and yes, I these people!

2.  Cole Slaw is a veggie and served as a side item – And I mean, it is served at every meal!  There are a few times when you can get sweet potatoe fries, but for the most part, you are getting cole slaw.  You will also find cole slaw on your bbq sammiches and burgers, whether you like it or not.

3.  Seer Sucker suits – My husband’s best freind actually wore one to his rehearsal dinner, along with an orange bow tie.  True, they are comfortable and breezy, but you won’t catch a northerner in such a thing! 

4.  Flip Flops – Yep, you can even pair flip flops with a seer sucker suit!  From April – October you will find a good southerner in a pair of flip flops. 

5.  Men Wear Pastels – Now, there is a reason behind the madness.  Wearing pastels helps keep you cooler.  Why do you think southern houses are painted pastel?  Same reason!  There is nothing better than a burley construction worker walking down a southern street wearing a pastel pink shirt (and flip flops).

6.  Shrimp = Breakfast Food - Southerners can actually pair shrimp with anything.  This is a problem for people like me who are allergic to shellfish!  I think my husband ate shrimp and grits every day while we were in SC.

7.  Southern Accents are Cute! - I learned this rather quickly when I moved down south.  Northerners aren’t known for their lilting voices and wonderful drawls.  It’s amazing how much more you can get away with saying with a southern accent. 

8.  Debutante Balls – This is actually a french tradition that has survived in the South.  If you are not familiar with Debutante Balls, they are a formal affair when the girls are presented to society.  One of my best friends was actually dumped by a boy when he found out she was not a Deb!  She was 26!  It isn’t the actual particpation in te ball that I love, it is the celebration of history.  In this day and age these balls are out of date, yet in southern society they continue.  I love that retention of history!

9.  Ice Tea – Let’s be honest, you can’t get good ice tea outside of the south!  And while we’re being honest, I actually hate tea!  I call it leaf sweat.  This is a point of contention for me and other southerners.  It is considered pretty rude to refuse someone’s tea.  But I just don’t like it.  However, given it’s prominence at the southern table, I have included it on my list.

10.  Humidty! - Say What!?!  Well, I have naturally curly hair.  Humidty actually helps me style it.  And I believe you haven’t lived until you’ve walked 6 miles in 95 degree weather with 100% humidity. 

So, there you have it, 10 reasons I love the south!  I am about to head to the mid-west on Thursday, Nebraska to be exact.  I am hopeful I can find 10 things I love about the mid-west!  

Well, it’s that time of year again, the Fredericksburg Fair is in town!  This is my second year attending the fair, and I must say, there have been some big improvements! 

First, there are more rides, including the re-introduction of the ferris wheel, a Fair staple.  Rides range in price and are not included in your general admission.  Lines seemed to move fairly fast. 

Second, there are more food vendors offering a wide variety of Fair food.  Now, I’ll be honest, this is my main reason for coming to the Fredericksburg Fair.  When I hear turkey leg, I come running!  Not since medieval times has it been appropriate to rip into a giant turkey leg with nothing but your teeth!  This year’s turkey legs are far bigger than last year’s and more delicious!  Other culinary delights are the Stafford Jaycees hand-dipped corn dogs, the gator sausage, funnel cake, homemade fudge, and hand-spun milkshakes.  A welcome addition this year is the beer tent!  They do have a limit to the number of beers you are served in a 2 hour time period.  There were 5-6 beers to choose from and the price was reasonable for a Fair. 

Of course, there are also animals at the Fredericksburg Fair.  My party met a delightful gentleman in the Chicken Exhibition area that showed us a chicken that has blue skin, blue meat, and black bones.  He also offered to let us purchase the chicken for our dinner, but we politely declined!  We also saw sheep, cows, rabbits, pigs, emus, a wallaby, and a camel!  There are several areas where you can pet and feed the animals and handwashing stations are close by. 

All in all, this was a pretty good Fair for a small town and I highly recommend you attend this year!  You can find more information at www.fredfair.net. 

Admission:  Age 4-54 – $7 and Age 55+ – $5  – this includes parking, but no rides.