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Realtors® Make Too Much Money says the Antitrust Division of the Department of Justice

Excerpt From CAR 

NEW Dept Of Justice WEB SITE EXAMINES COMPETITION IN BROKERAGE SECTOR
The Antitrust Division of the U.S. Dept. of Justice launched a new Web site this week aimed at educating consumers about the benefits of competition within the real estate brokerage sector. The site, which is drawing heavy criticism from the real estate industry, offers user tools, such as a calculator to help consumers assess potential savings, maps of states with laws in place that the DOJ says inhibit competition within the industry, and links to government resource sites.

NAR characterized the site as a "flagrant disregard" for free competition, saying the Web site is being used as a promotional tool by the DOJ to push for a single, discounted brokerage services model, threatening to cut agent commissions in the process.

"The real estate market is very competitive," said NAR officials. "NAR encourages innovation and fair competition in real estate brokerage, and favors no business model." In addition, NAR added that real estate commissions remain negotiable across all sectors, driven by market forces to "attract clients and retain the best agents."

Here is the U.S. Dept. of Justice Release.

Excerpt from their website

Home Prices and Commissions over Time

Brokers typically charge a commission based on a percentage of the home's sale price. Over the past decade the average commission rate has remained relatively steady between 5.0 and 5.5 percent. As a result, the actual median commission paid by consumers rose sharply along with the run-up in home prices.

Unless broker costs were also rising sharply during this period of time, competition among brokers should have held commissions in check even as home prices were rising.

Realtors® income rose 22% over the last 10 years.

Chart Non-supervisory Workers ( The Average Joe on The Street)

Non-supervisory workers income rose 33 to38% over the last 10 years

Our goverment is saying that it is ok for the average Joe to get a 33 to 38% raise over 10 years but if you are a Realtor® a 22% raise over 10 years is gouging the public and there needs to be more competition. I bet you the Antitrust Division of the Department of Justice received a raise larger than 22% over 10 years! What do you think?

Sherman Smith

Sherman Smith & Associates

(714) 544-5445 or shermansmith@pacbell.net

shermansmith.com

If So It Could Save You Thousands of Dollars!

Tustin Ranch I was pregnant and never before did I noticed how many women were pregnant. My husband Larry just bought a new Jeep Cherokee and never before did he notice how many Jeep Cherokee’s there were on the road. That is your Reticular Activator working. Why do I tell you this? Because it saved us thousands of dollars on the sell of our home. When we listed our home with Sherman Smith of Sherman Smith & Associates he informed us of his flexible commission program. His program adjusts the commission charged based on where the buyer comes from. In our case Sherman printed us small postcard size flyers of our home. He told us to pass them out to our friends and co-workers the first week we receive them. While I was at lunch one day I overheard a co-worker in the lunchroom talking about buying a new home. My reticular activator was working. I jumped up and handed her one of my postcards and said “buy mine”. Two days later she and her husband were looking at our home. They loved it and wanted to make an offer. Their offer was fair and we accepted it. Because we found the buyer we saved a whopping $15,000.00 on the sell of our home. This can happen to you as well. Give Sherman a call to find out more on his flexible commission program.

10 WAYS TO SPOT A MOVER YOU CAN TRUST!

1. Call your local regulatory office to verify his license

Make sure the mover you are considering is duly licensed or authorized by your State's Department of Transportation or other regulatory body as required by law and that his certificate number is legitimate.

2. Check your local Better Business Bureau about constant complaints

A responsible mover might have a few complaints lodged against him but his record with the Better Business Bureau should show that he responds to and resolves complaints.

3. Ask if he carries Worker's Compensation Insurance

Most state regulatory bodies require such coverage. This adds to the cost of doing business but it protects you. Be suspicious of the very low bidder for he may be cutting costs by cheating on this needed protection.

4. Make sure his place of business really does exist

Paying a visit tells you something about the mover's integrity and professionalism, for you can confirm that his place of business is there and appears clean, organized and properly staffed.

5. Be wary of high-pressure tactics from Telemarketers

This could be a ploy simply to get a sales person into your home to give you an estimate. Be careful, do research and you decide whom to invite into your home, based on references.

6. Do not listen to sales personnel who tell stories

A high-quality firm with a good reputation does not need to knock the competition, or to criticize other moving firms in an attempt to make themselves look better.

7. Was the company listed in last year's Yellow Pages?

If not, it could be a legitimate new company. However, it could also mean the mover's DOT license was revoked and he is trying to operate under a new name or the name of another licensed mover.

8. You should be able to meet or talk to the owner

If you can talk to the owner of the business, even if only by phone, you will be able to develop a feeling of confidence that he is experienced and capable enough to assure a professional move.

9. It is a good idea to get a recommendation

A satisfied customer is the best sales pitch for a mover. Remember, even a mover with a big franchised name is still a local business who is only as good as his local reputation.

10. Ask if the company is a member of its local trade association

Most industry trade groups were formed years ago to build confidence in the local industry's moving industry. It checks a mover's "Certificate", Worker's Compensation insurance coverage, and reputation before accepting him as a member.

I found this article and thought that it would be very usefull.  Hope you enjoy it and find it usefull.

"What they say isn't always what they mean."

By Edward Caldwell

"Don't worry, this is the most you have to pay! This is a binding estimate!"

This is true, however, the price is binding ONLY for the services listed on the face of the estimate and for moving the articles listed on the table of measurements (known as the "cube sheet" in moving & storage language). If you think you will get a deal because the sales rep forgot to include that oak bedroom set on the estimate, think again! The driver will pay close attention to reconciling what you show him or her to be moved and what the sales representative has listed on the Table of Measurements document. You WILL be charged extra for items that you want moved, but are not listed on the Table of Measurements document.

"Don't worry, the most you have to pay is the estimate, plus 10%"

This is true for a non-binding interstate moving estimate, the most you are required to pay upon delivery is the estimate, plus 10%, however, the fine print (that you usually don't read) says that you; "...are obligated to pay the balance of the total charges within 30 days." So, if the Tariff charges exceed the estimate by more than 10% you're responsible for the extra charges.

"This price includes insurance!"

This may refer to the $0.60 per pound, per article carrier's liability for loss or damage that is automatically included in an interstate moving estimate. If so, you are in for an unpleasant surprise at claims settlement time ($.60/lb x 2 lbs. = $1.20 for a valuable Waterford vase). Make sure you purchase additional "Carrier's Liability For Loss or Damage" or that you have "full value replacement coverage".

"We won't charge you for that ________...(flight carry, elevator, long carry, piano handling charge, extra pickup, extra delivery, etc...)"Be careful when you hear this.

With this statement, the salesperson has just taken money away from the driver. These "accessorial" charges are paid exclusively to the van lines' driver as compensation for the extra time and labor required to complete pickup or delivery of your goods. The driver may not be so cooperative when it comes time to honor this promise, a promise that he or she did not have the opportunity to approve. Do you really want an angry driver handling your valuable household goods; is it worth the few dollars you think you will save?

"Don't worry, this estimate is on the high side!"

Typically in the business world you get three estimates and throw out the high and low. You should, however, usually believe the high estimate. The discounts are all approximately the same and most major movers use the same Tariff (base price) to calculate their estimates.

"Don't worry, the driver will pad wrap that ________ .."(painting, glass top, marble top, grandfather clock, mattress, etc...) or "We'll pad wrap it"...

This is what will happen on move day: The van line driver won't load the item(s) because they aren't properly packed for transit and the van operator doesn't want to assume the liability that comes with accepting an improperly packed item into his or her care and custody. If an item is sensitive or fragile it needs to be properly packaged and if it's not done in advance the driver will do it and add the cost to the estimate.

"We'll bring you into storage on an local hourly charge basis. Then, we will move you out of local storage on interstate weight basis. This will save you money!"

It is true that local hourly-based charges into storage are cheaper than weight basis Storage-In-Transit (S.I.T.) charges,

However, if a claim occurs you will be faced with finger pointing between the van line (under whose interstate authority the final interstate move was performed) and the local agent (under whose local intrastate authority the shipment was moved into storage on). It's called "split liability", and while you probably don't understand it, it can make settling a claim an absolute nightmare. Guess who loses?

What is my weight???

Apartment Move - You are moving from a studio or 1-bedroom apartment. Assumed total weight of move is 2,000 pounds.

Small Move - You are moving from a 2- or 3-bedroom apartment or very small house. Assumed total weight of move is 5,000 pounds.

Small to Moderate Move - You are moving from a very large apartment or small house. Assumed total weight of move is 7,500 pounds.

Moderate Move - You are moving from a 5-7-room house. Assumed total weight of move is 10,000 pounds.

Large Move - You are moving from a 7-9-room house. Assumed total weight of move is 15,000 pounds.

Very Large Move - You are moving from a very large or cluttered house. Assumed total weight of move is 20,000 pounds.

IS IT REALLY INSURANCE?

This article deals with cargo protection and storage protection.

Insurance for your goods is referred to as cargo (or transit) protection. Moving companies carry many forms of insurance coverage, one of them being cargo insurance. What movers offer you is an option to be compensated for any loss or damage to your goods while in transit with them. They are not selling you insurance. They are selling coverage and accepting a degree of liability in return for a premium paid. Even sales representatives confuse the fact. Only insurance companies sell insurance. The movers ask you if you want to be protected under their policy or not and to what degree.

Damage and lost items do occur on moves. There is much that you can do to prevent loss or damage, much of which is described in other sections on this server. A moving company is required, by law (Canada) to accept some degree of liability when traveling the roads. This basic, standard protection is 60 cents per pound (per article). For example, if damage or loss occurs to an item weighing 50 pounds, then the carrier's (movers) liability is $ 0.60 X 50 lbs. = $ 30.00. This is fine for items that are cheap and heavy, but not so good for a $ 500.00 lamp weighing 15 pounds!

Here comes the first gray area of "insurance". Take a figurine weighing 10 pounds. It is packed in a box weighing 50 pounds. You did the packing of the box. Different companies have different weighs of interpreting the application of $0.60 per pound. Some will give you the rate on the damaged item only, while some will apply the rate to the cartons weight (50 lbs. in this case). Then, there are some who will not give you a thing because YOU DID THE PACKING. Read any contracts and ask the moving company this question. Quite often, if you do the packing, you nullify any insurance compensation from the movers. It is a fair practice. A mover and its insurance company cannot insure contents of boxes that they have never seen. They also do not know if the contents were packed properly. As a result, if you pack it, you take the risk. There are companies who will negotiate on this issue, but the general rule is, if you pack it (or unpack it) you nullify any insurance coverage.

This option often referred to as "basic" or "no insurance" should cost you nothing since you get very little in protection. However, this may be enough if you can arrange your own coverage through your household insurance. Ask your insurance company or broker, you may find you do not need any extra coverage through the movers.

In general, there is only one other kind of coverage, replacement coverage. However, there may be other kinds offered between the basic coverage and the replacement coverage. One such possibility is called "Added Value Protection". Here the company charges a premium and increases the coverage from $0.60 per pound to a greater value, say $2.00 per pound (may vary).

Another offer may be Market Value or Depreciated Value coverage. This option should be compared against the cost of replacement value. Here, the market value of the damaged item is considered for compensation. Determining the market value of a piece of furniture yourself can be difficult. As a matter of fact, most insurance companies offering cargo protection to movers deal only with replacement costs these days. Watch out for the mover that tries to tell you that replacement coverage doesn't exist. It does and there should not be an excessive premium for it.

What you will pay for transit protection.

As mentioned earlier, there are four possible amounts of coverage.

1. Basic $0.60 per pound (minimum)
2. Added Value
3. Market  or Depreciated Value
4. Replacement Value

Basic coverage should cost you nothing. Nobody charges for this. It is included and is the minimum as required by law.

Added Value will cost more, but it varies depending on the increase in value. A typical charge is $1.25 per $ 1000 of declared value for coverage of $2.00 per pound.

Market Value coverage is going out of style. Typically, it would cost around $1.00 to $3.00 less per $1000 of declared value than replacement coverage. That would put it in the $4.00 to $6.00 per $1000 declared value range. You declare an amount of coverage. In the event of total loss of all your goods, you get back the total declared amount. In the case of damage to an individual piece, you would get back a maximum of the market value for that piece.

Replacement Value will fluctuate, as did market value coverage. Typical rates would be $7.00 to $9.00 per $1000 of declared value.

Did you catch all of that $X.00 per $1000 declared? It is tricky. Ok, this is how it is applied. As an example, let's say you are moving. Your moving consultant will ask you (among other things) ,"How much cargo protection do you want"?. Well, after considering all you have to move, you come up with $50,000 worth of goods. (See Inventory List). The consultant has also told you that all your goods weigh approximately 12,000 pounds. You look at your options.

Basic: Coverage @ $ 0.60 per pound x 12,000 pounds = $ 7,200.
Cost = 0 Maximum coverage = $ 7,200

Added Value: Coverage @ $2.00 per pound x 12,000 pounds = $24,000
Cost = @ $1.25 per $1000 declared value = $ 62.50

Market Value: Coverage against total loss is your declared value = $50,000
Coverage against loss or damage on individual piece is market value
Repairs covered up to cost of market value
Cost = $5.00 per $1000 declared = $250.00

Replacement Value: Coverage against total loss is your declared value = $50,000
Coverage on individual loss or damage is replacement value
Repairs covered up to replacement value
Cost = $7.50 per $1000 declared = $375.00

So you can see that the cost to get cargo protection in place for your move can get a bit pricey. Not only that, but each kind of policy will have some sort of deductible to go along with it. Some won't, but some can be as high as $250. For example, you may pay a premium of $300 for cargo protection and then face a $250.00 deducible on top of it.

What is never insured

Don't risk it. There are things that are not insured, even if you pay for coverage! The most common example would be jewelry. Best to pack them up and take them yourself. Other items not normally insured are coins, stamps, documents, and food. There is no insuring items of sentimental value. A photograph will only be covered up to the cost of the film, for example. The same goes for software data. The loss of data is not covered, so back up your disks before moving!!

Generally, the interior workings of appliances, televisions, stereos, etc., are not covered by the mover unless the mover does some obvious physical damage to the piece. If the item was handled properly and something does not work after the move, it's your responsibility. If there is obvious damage to the item, there is a 99 percent chance the internal damage was a result of the rough handling and the movers will pay (up to your protection selection) for the repair.

Again, contents of boxes are not covered under cargo protection policies unless the mover (or an agent of the mover) has packed and unpacked the cartons. Usually, the mover will cover goods (up to the coverage you selected) for clear mishandling of the carton. If there is obvious damage to the exterior, generally the mover will compensate you.

Sets of furniture and appliances are not covered. That is, if you have a matching couch, love seat and chair, and the chair gets ripped, the mover is only liable to repair or replace (up to your coverage selection) the one piece and does not have to touch the matching pieces, even though they may not match after repair, recovering, or replacement of the one piece.

Extraordinary Value

You will have to declare items of extraordinary value. For example, if the movers are taking your car, they will need a value for the car. You may have a painting or a sculpture worth a fair amount. The idea is, that despite all the cargo coverage there will be a limit on the amount the insurance company will pay out on one given item. Ask your moving consultant what the limit is. If you have any item in your place that exceeds that value, then you must tell the mover. The item(s) of extraordinary value will be noted on the bill of lading and you will be covered.

Dangerous Goods

Do not pack an item classified as dangerous goods. If any damage resulted from a dangerous good, your insurance would be void. You wouldn't even get $0.60 per pound. Ask your moving consultant where your local disposal site is.

Generally speaking, each moving company will charge you a premium for cargo protection. When you move locally, the rates and methods of assessing rates will vary from company to company. Some may charge you a flat rate, some will charge based on how long the move takes (hourly), and some include it in their rates. No matter which way you get charged, you should be asking some important questions.

1) What is the total coverage you get?
2) What is the limit per individual item?
3) What is the deductible?
4) Is the coverage market value or replacement value?
5) Ask who the company uses for furniture repairs. This will provide an idea of the quality of repair you can expect if you have damage on your move.

Storage Insurance

Generally, if your goods will be stored in a warehouse for an extended period of time, you will need separate insurance for this. This can be arranged through the storage facility, your mover or your own insurance company. Storage facilities generally charge between $1.00 and $2.50 per $1000 of declared value per month of storage. The rules about dangerous goods and items of extraordinary value apply here as well.

SHOPPING PRICE FOR INTERSTATE MOVES!

People who are moving are rightly concerned about moving costs and obtain many estimates in search of the best price. Unfortunately, the "best price" doesn't really exist in our business. Let me explain...

Most of the major movers use the same base rate book; for 1998 it's called "Tariff 400-M" and it is published by the Household Goods Carriers' Bureau. You will see Tariff 400-M listed as being used on each of your estimates. Tariff 400-M contains the charges for transportation, packing, storage, etc.. These charges are essentially the same for all of the major moving companies (if each has the same weight and mileage estimate). This being true, if you were to clone your move and ship your goods with each of the major movers, you would find that while you may have had four vastly different estimates, in the end each mover was just about the same cost (provided that each mover is giving the same level of discount).

So why were your estimates so different? "Low-Balling" (purposely giving a low estimate to mislead the customer) or "weight bumping" (over estimating) may be the reasons. Inexperienced estimators are another.

In the end, you may pay the actual weight and mileage charges, regardless of the estimate. So be aware of how it works; and hopefully, you won't be misled by a salesperson who cares more about commission than the safety of your goods and the accuracy of your estimate.

One of the best options for the consumer would be to obtain a binding or guaranteed quote. This way the moving company agrees to do a specific job for a specific price. As long as your inventory stays the same and there are no access problems, you know exactly what the cost will be.

Finally, our advice is:

1. Get everything in writing.

2. Do not believe everything you are told.

3. And understand that you are about to entrust everything you own and cherish to complete strangers during one of the most stressful times of your life. Take time to make a careful, informed and thoughtful decision.

THE HOUSHOLD GOODS DISPUTE SETTLEMENT PROGRAM

This program was developed by the American Movers Conference in 1981 as a less costly alternative to the court system to resolve disputes involving loss and damage claims that may occur during a move. Initially a voluntary program, it has been so successful that in 1996 the Federal Government made participation in a "Dispute Settlement Program" mandatory for all household goods carriers.

What Is Arbitration?

Arbitration is a substitute for going to court to settle disputes. Under arbitration procedures, two parties unable to resolve their differences submit their dispute to an impartial third person for a final determination. The proceeding is governed by rules and procedures agreed upon in advance by both parties.

Who Sponsors This Program?

The American Movers Conference (AMC) is a national trade association representing carriers and agents of the household goods moving industry. AMC is sponsoring this dispute settlement/arbitration program so that its member carriers may offer an effective, fair and expeditious way to solve disagreements in connection with loss and damage claims on household goods.

Who Actually Administers the Arbitration Procedures?

The program will be administered by the American Arbitration Association (AAA), an independent, non-governmental organization, not affiliated with either the American Movers Conference or its member household goods carriers. The AAA was chosen to run the program because it is recognized as the leading independent arbitration authority in the country. It is a public service, non-profit agency with 33 offices nationwide, which is dedicated exclusively to the resolution of disputes of all kinds.

Has This Program Been Approved By an Outside Agency?

The Interstate Commerce Commission (ICC), which regulates the interstate operations of household goods carriers, has approved this program. By law, the ICC is responsible for overseeing the functioning of any approved dispute settlement program.

What Are The Legal Effects Of An ICC Approved Program?

The Household Goods Transportation Act was passed by Congress on October 15, 1980. It provided guidelines to permit carriers to establish dispute settlement/arbitration programs, subject to ICC approval. In addition, the Act contains certain provisions relating to the legal effects on shippers (consumers) and carriers. You should carefully consider the legal effects of the following provisions of the Act before you decide whether or not to use the program:

1. To encourage carriers to participate in arbitration programs, the Household Goods Transportation Act of 1980 provides that where a court action is instituted to resolve a dispute between a shipper (consumer) and a carrier concerning the transportation of household goods, reasonable attorney fees must be awarded the shipper: IF the shipper submitted the claim to the carrier within 120 days after the date the shipment was delivered or the day on which the delivery was scheduled, whichever is later; AND, IF the shipper prevailed in the court action. In addition, one of the following must be applicable:

a. There was no ICC approved dispute settlement program available for use by the shipper to resolve the dispute.

b. A decision resolving the dispute was not rendered within 60 days of receipt of written notification of the dispute or an extension thereof as provided under the rules of the program, or under 49 USC 11711 (b)(8).

c. A court action is instituted to enforce a decision rendered under the dispute settlement program.

2. Additionally, to discourage shippers from filing non-meritorious claims in court, the Household Goods Transportation Act provides that a carrier may be awarded reasonable attorney fees where a shipper has brought court action in "bad faith," either:

a. After a decision has been issued under an approved dispute settlement program; or

b. After a shipper has instituted a proceeding under such a program but before a decision resolving the dispute is rendered, provided the dispute is finally resolved within the 60-day period allowed or a valid extension is granted as stipulated by the program.

When Would I Use This Arbitration Program?

This program was established for the settlement of disputes involving loss and damage claims on interstate shipments of household goods. Under ICC regulations, a claim for loss and damage to your household goods during a move must be filed with the carrier within nine months after delivery. However, the above mentioned legal effects may be affected by the date a claim is filed. The carrier must acknowledge any claim within 30 days of receipt, and within 120 days must deny or make an offer in settlement of your claim. If you and the carrier cannot resolve a dispute in connection with your claim, you may request arbitration procedures administered by the AAA. First, however, be sure you have exhausted your remedies through the regular claims process and the carrier has made its final offer.

How Does The Arbitration Program Work?

This arbitration is voluntary and optional, and neither the carrier nor you-the shipper-is committed to arbitrate a claim dispute until both complete and sign the prescribed forms to initiate the procedures. Either you or the carrier may request arbitration from the AAA. However, neither party may force the other to arbitrate a disagreement. Arbitration is voluntary, and each party must agree to it. If a carrier does not agree to take a dispute to arbitration, the reason for that refusal will be clearly stated.

After both carrier and shipper agree to arbitrate and sign the official "Submission to Arbitrate" form, they appoint the AAA administrator of the arbitration. The AAA then appoints an arbitrator from its national panel of arbitrators who will render a decision that is legally binding on both the carrier and the shipper. AAA arbitrators are trained and experienced volunteers from all walks of life. They are never in any way connected with either party in a dispute they are arbitrating. The arbitrator's decision is based on all statements of fact and documents relevant to the claim. The standard procedure is "desk arbitration" where the arbitrator conducts the arbitration on the basis of written documents submitted by both parties. Prior to the arbitration, both parties are provided with copies of everything that the arbitrator will base his decision on.

An optional oral hearing of the evidence in a dispute can also be arranged at an additional cost where both the carrier and the shipper agree to the oral hearing and the date, time and location.

How Much Does Arbitration Cost?

AAA arbitrators are not paid for settling disputes under this program. The AAA does, however, charge an administrative filing fee to institute the standard "desk arbitration" procedures. That fee is paid by the carrier when it agrees to a shipper's request to take a claim dispute to arbitration. The AAA charges an additional $100.00 each to both carrier and shipper for an optional oral hearing as of January 1, 1992. The cost of an optional oral hearing is subject to change at the discretion of the AAA.

What Can An Arbitrator Award And What Is The Legal Status Of That Decision?

The arbitrator may grant any remedy or relief the arbitrator feels is just, equitable and within the scope of the agreement between the parties and the rules of the program. In general, the amount of any award may not exceed the carrier's liability under the Bill of Lading. In reaching the decision, the arbitrator considers applicable federal law, ICC approved tariff rules, as well as applicable usage and practices of the moving industry. Under the rules of the program, the arbitrator does not have jurisdiction to consider claims for consequential or incidental damages, mental anguish, loss of wages, punitive damages, alleged fraud, violations of the law or any claim which cannot be arbitrated under the law, such as allegations of criminal activity. The arbitrator's decision is legally binding on both parties and can be enforced in any court having jurisdiction over the dispute.

Under rules of the program, there is a limited right to appeal on the arbitrator's award; however, courts will usually not revise findings of fact or law in a binding arbitration award.

How Do I Request Arbitration?

A shipper may request arbitration by writing to the American Movers Conference, ATTN: Dispute Settlement Program, 1611 Duke Street, Alexandria, Virginia 22314- 3482. Your letter of notification to the American Movers Conference must be sent within 60 days after a final offer or denial on your claim has been made in writing by the carrier.

In addition to your name, address and phone number, the following information should be included in your letter to the American Movers Conference: the name the shipment moved under, identification number of shipment, dates and location of pickup and delivery, and any assigned loss and damage claim number. The American Movers Conference will promptly send written notice of your request for arbitration to the carrier. The carrier must then respond to you within 15 days by either sending three signed copies of the required forms and the program rules to you, or by advising you in writing that it declines to arbitrate the dispute. If a carrier does not agree to take a dispute to arbitration, the reason for that refusal will be clearly stated.

How Is An Arbitration Case Opened With The American Arbitration Association?

You have 15 days from the date of receipt of the forms and information from the carrier to elect to initiate the actual procedures. The shipper accomplishes this by completing and signing the "Submission to Arbitrate" and "Claimant Questionnaire" forms, and mailing them with other supporting documents to:

American Arbitration Association

Attention: AMC Household Goods Dispute

Settlement Program

140 West 51st Street

New York, New York 10020

How Long Before a Decision Is Announced?

The arbitrator will make an award in each case no later than 60 days after receipt of all necessary forms and documents, or in the event of an oral hearing, within 30 days after the arbitrator concludes the hearing. The arbitrator may, however, extend the time period in order to obtain additional information to resolve the dispute.

How Do I Obtain More Information About This Arbitration Program?

You may request program rules and sample forms from either the carrier or the American Movers Conference.

American Movers Conference

1611 Duke Street

Alexandria, VA 22314-3482

Sherman Smith & Associates 

Divorce and Real Estate

Boy Did We Hire The Wrong Agent!

Tustin Ranch   We finally had enough equity in our home to afford to move.  My husband had just received a promotion and our debts where paid off.  Now was the time to begin looking for our dream home. We really wanted a new home and it wasn't long before we found it.  But now we had to sell our existing home.

The new home tract said that they would give us three months to sell our home.  If we hadn't sold it within that time frame we would loose our dream home.  We immediately contacted three Realtors^® to get the process started.  The first one was from a nationwide franchise; the second one was from a very large local company; and the third was from a small local company.

The first Realtor^® stressed the importance of her company and that they had a strong connection with a relocation company.  They had buyers moving here on a daily basis. She also suggested that we test the market for the right price.  " We don't want to leave any money on the table" she said.  The second Realtors^® conveyed the importance of their companies advertising and all of the open houses that she and her partner would do.  I wasn't comfortable with the open houses but I did not want to loose my dream home.  When I asked them the price the home should be listed at they replied "we are experts at that and we will determine that for you, don't worry about that". The third Realtor^® was very low key.  He was very knowledgeable about our tract and about Tustin Ranch.  He suggested a price that he felt would get us a buyer within our time frame.  He even gave us guarantees on everything that he did.  He said, "His goal was to get us moved into our dream home".

Now we had to choose which Realtor^®  would get our house sold.  After careful consideration we choose the nationwide franchise.  We felt that the larger company would have more access to buyers and we needed one soon.  Boy did we make a big mistake.  First of all the nationwide company required us to sign a six month listing agreement.  The agent suggested we list the property $10,000 over the last sale because the market was good and her company had plenty of relocation buyers.  We were excited and could not wait to move into our new home.

The first month passed and no buyers, about half way through the second month I called our Realtor^® and asked her to lower the listed price.  I had not spoke to her since she listed our property. At the end of the second month the new home sales agent call to tell us that we only had thirty days before they were going to cancel the purchase of our dream home.  They also suggested that I consider listing my property with Sherman Smith & Associates.  As it turned out this was the small company that we had considered.  I called my Realtor^®  to see if she would cancel our listing agreement.  "No way" she said, "I have worked to hard to let it go"

The next day I was reading the Sunday Los Angeles Times.  In the real estate section is a real estate lawyer-real estate broker (Robert Bruss) who writes a column every Sunday. This week's column was on Should I list my home with a National Franchise, large local office or a small local office?  The answer was it does not matter the size of the office. What matters is the ability and the success record of the individual agent with whom you list your home.  The agent should have a great knowledge for your area and real estate in general.

We were now determined to get out of our listing agreement and list our home with Sherman Smith & Associates.  We had to do this quick or loose our dream home.   I had very long conversation with my agents broker and he canceled the listing agreement.  We then listed the property with Sherman Smith & Associates.  The activity immediately picked up and the property sold within three weeks.  We learned a valuable lesson that almost cost us thousands of dollars.  First never sign a listing agreement that can't be canceled.  Second the size of the real estate company has nothing to do with selling my home.   If you ever need to sell your home I highly recommend Sherman Smith & Associates.

Before you list your home with anyone you owe it to yourself to review Sherman Smith & Associates 6 home guarantees.