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Petoskey Featured in “Where to Retire”

Petoskey is profiled in the May/June 2006 issue of Where to Retire, a magazine claiming to be America’s foremost authority on retirement relocation, with over half a million in readership.

According to Where to Retire, “One of the appealing features drawing retirees to this recreational center in Northwest Michigan is its location in the wooded hills and along the Lake Michigan Shoreline. Petoskey offers skiiing in the winter, world-class golfing in the summer, fishing and boating on area lakes and hiking and biking in nearby state parks.”

“Petoskey is also home to cultural amenities like the Little Traverse History Museum, which highlights the areas connection to Ernest Hemingway. Resident retirees also enjoy annual concerts and festivals, as well as the Crooked Tree Arts Center, which offers a variety of classes year-round.”

Petoskey was also featured as a retirement destination by the magazine in a 1992 article, made the 2001 list of 100 top places to retire, and was profiled as one of eight desirable retirement areas with cooler climates in 2004.

Mamie & Barbie

Sorry for the diversion, but is my little princess cute or what? Here she is at her 4th Birthday (Barbie) Party along with the cake my wife Kim made. Can you believe this cake? My wife is so talented. She is amazing. They both are.

As for the party, if you are a Mattel stockholder, sleep well tonight, my friend. With my daughter’s party and all of the associated Barbie purchases, you will fare well this quarter.

Top 15 Real Estate Trends – 2006/2007

When the nice folks at RealtyBlogging.com asked me to review the 2006 Swanepoel Trends Report from RISMedia, how could I refuse? Anything written by someone whose first name is Stefan is worth reading, right? All kidding aside, I have followed Stefan Swanepoel for a number of years now, and have always been interested in what he has to say.

The Swanepoel Trends Report begins by providing an overview of events which have impacted the real estate industry over the past ten years (1995-2005), and then gives us a glimpse into the future based upon the author’s identification of what he sees as the top fifteen trends shaping the industry.

The author’s stated goal is to introduce real estate professionals to emerging trends at an early stage, enabling them to prepare for many possible future scenarios. From Application Software Providers (ASPs) to Zillow, if it may have a role in shaping the future of real estate, it is almost surely contained in Swanepoel’s report.

I found the report to be very comprehensive in its breadth of coverage, and an essential reference for anyone wanting to stay on top of the latest industry trends. However, there are a couple of emerging trends, mainly involving competition and regulatory matters, which I felt were largely ignored.

One big wild card as I see it is the current anti-trust suit which the U.S. Department of Justice has filed against the National Ass’n of Realtors, litigation which could obviously impact NAR’s proposed new ILD policy and the way in which MLS data is shared and disseminated. In my opinion, the decision as to whether a MLS should be treated as a public utility, as opposed to a proprietary tool primarily for the benefit of MLS members, will impact the future of the industry for years to come. Another subject given little attention in the report is the minimum service standard and anti-rebate legislation being pushed by a number of state Realtor associations, legislation which is also being seriously challenged by the Department of Justice and which has raised the ire of a number of consumer advocacy groups.

The joint workshop on competition in the real estate industry put on last fall by the Dept. of Justice and the Federal Trade Commission highlighted for me the fact that attempts by the traditional Realtor establishment to stifle innovative new business models will be met with stiff regulatory and/or legislative resistance. The current federal legislative/regulatory environment will not favor historical industry business practices, and may be an impetus for sweeping changes in the industry, which may include allowing federally chartered banks into the real estate business.

I also happen to believe that the “For Sale By Owner” movement is gaining traction as websites which aggregate FSBO “listings” gain critical mass in certain markets, most notably Madison, Wisconsin. Increasing numbers of “unrepresented sellers” may be a challenge the traditional industry will need to face, especially if major internet players enter the FSBO fray.

Also on the radar screen for me as an exclusive buyer agent is the continuing shift toward non-agency relationships, such as transaction brokerage, in a number of states, as well as the wholesale lack of meaningful agency disclosure as documented by NAR’s most recent survey of Buyers and Sellers. I believe that groups such as the National Association of Exclusive Buyer Agents, of which I am a member, will continue to have a role to play in shaping the future of the way real estate is practiced.

Stefan Swanepoel’s 2006 Trends Report will most certainly enable its readers to better plan for the future by highlighting those trends which will most likely affect the future of the real estate industry. My only suggestion would be that the the author place more emphasis on the current legal and regulatory issues facing the industry, as they may greatly impact the future of real estate as we know it.

Public Road End Controversy

The battle between lakefront property owners and backlot owners over the right to maintain docks at public road ends continues on unabated. While numerous court rulings over the years have established the principle that publicly dedicated streets terminating at the edge of navigable waters are generally deemed to provide public access to the water, those public access rights are limited in their scope.

Permissible uses of public road ends by menbers of the public include the rights to use the surface of the water in a reasonable manner for such activities as boating, fishing and swimming. Also incidents of the public’s right of navigation are the ability to construct a public boat launch and to anchor boats temporarily in the water adjacent to a public road end. However, the courts have generally held that the right of public access does not include the ability to install private docks or boat hoists for the overnight mooring of boats, or the right to use public road ends for lounging, sunbathing or picnicking.

Although the bulk of the controversy surrounds the use of public road ends on Houghton and Higgins lakes, there is currently a public road end case pending in Charlevoix County involving a Walloon Lake road end.

If you are looking at buying a backlot property which supposedly has “water access”, make sure you consult a real estate attorney prior to any purchase to determine exactly what rights, if any, inure to the benefit of the owner of the backlot.

Illegal Docks Spark Lake Access Fight [Detroit News]

2006 Michigan’s Fun Kick-Off in Charlevoix

The Charlevoix Area Chamber of Commerce and the Michigan Festivals and Events Association (MFEA) are teaming up to present the 2006 Michigan’s Fun Kick-Off which will be held at Castle Farms on April 28 – 29, 2006. Be sure to bring your family to enjoy the following events:

Friday, April 28
5:00pm – 10:00pm Carnival Midway – Castle Farms.

Saturday, April 29
10:00am – 5:00pm MichiganFun Art Fair – Castle Farms.

10:00am – 6:00pm Kids’ Kingdom with special guest Ronald McDonald –
Castle Farms.

11:00am – 7:00pm Flavors of Michigan (A Wine Brew & Food Infusion) –
Castle Farms.

Noon – 10:00pm Carnival Midway – Castle Farms.

8:30pm – 9:30pm Musical Entertainment by Mojo & the Boogieman –
Downtown Charlevoix in East Park.

9:45pm (Approximately) Fireworks Extravaganza –
Downtown Charlevoix over Round Lake.

Sunday, April 30
12 Noon – 5:00pm Carnival Midway – Castle Farms.

Bay Harbor Makes List of Top 10 Ports

Bay Harbor made the list of Top 10 cruising destinations in Motor Boating Magazine’s March, 2006 issue. Here is the full list.

1 Bay Harbor, Mich. Located on the south shore of Little Traverse Bay, this manmade harbor has become a Midwest favorite, although it was created only 12 years ago.

2 Charleston, S.C. A natural stopover for coastal and ICW cruisers, this walkable city has beautiful houses and gardens to admire, plenty of transient dockage and marine services of every kind.

3 Exuma Cays, Bahamas This 90-mile long chain of islands south of Nassau includes deserted beaches and brilliant coral reefs.

4 Key West, Fla. There’s great fishing, historic homes and restaurants of all kinds in a subtropical setting unlike any other U.S. port. And they don’t call it Margaritaville for nothing.

5 Nantucket Island, Mass. Quaint cobblestone streets and colonial architecture are paired with upscale shops and restaurants, and you’ll see some of the most beautiful boats in the country.

6 Newport, R.I. It has a well-protected harbor, a busy social scene, a rich history and “cottages” to die for.

7 San Diego, Calif. San Diego Bay and Mission Bay have waterfront restaurants, marinas and services, plus the U.S. Navy’s presence—an endless source of activity.

8 San Juan Islands, Wash. Navigating the channels of the San Juan Islands is like driving through the mountains on saltwater highways.

9 Southwest Harbor, Maine Perhaps the best known of Mount Desert Island’s storied harbors, it’s home to Hinckley Yachts and Somes Sound and presided over by mountainous Acadia National Park.

10 St. Augustine, Fla. A visit to the oldest city in the U.S. (circa 1565) must include a tour of the Castillo de San Marcos to absorb the pre-colonial Spanish influence.

Congratulations, Bay Harbor! That is some pretty good company you are keeping.

Top Ten Ports [Motor Boating]

MDOT Approves Funding for Harbor Springs Bike Path

The Michigan Department of Transportation (MDOT) recently approved funding for the completion of the Little Traverse Wheelway from its current dead-end at the intersection of M-119 and Pleasantview Road into the City of Harbor Springs.

The three mile extension of the existing path will run on the north side of M-119, and approximately two of the three miles will be located a safe and significant distance away from M-119.

MDOT approved a total of $958,473 for the project, which is expected to be completed in 2008. This is one of the last remaining links to complete the trail between Charlevoix, Petoskey and Harbor Springs.

M-119 Bike Path Funding Approved [Harbor Light News]

Protect Yourself from Identity Theft!

If you are like me, and receive numerous unsolicited offers of credit on a routine basis, there is now an easy way to opt out of receiving such offers.

OptOutPrescreen.com is a joint venture among Equifax Information Services, LLC, Experian Information Solutions, Inc., Innovis Data Solutions, Inc., and TransUnion, LLC (collectively the “Consumer Credit Reporting Companies”). Through the OptOutPrescreen.com website, you may exercise your right to Opt-Out, which is a term for removing your name from receiving firm offers of credit or insurance based on your credit information with the Consumer Credit Reporting Companies, Equifax, Experian, Innovis and TransUnion. OptOutPrescreen.com’s primary purpose is to accept and process requests from consumers to “Opt-Out” of receiving firm offers of credit or insurance.

I have exercised my right under the Fair Credit Reporting Act to opt out of receiving unsolicted offers of credit or insurance for the next five years. I believe that this will reduce the chances of my becoming a victim of identity theft in the event one of these unsolicted offers ends up in the wrong hands. Opting out is also the environmentally conscious thing to do. Think how many trees will be saved, along with gasoline, etc. associated with delivering all these offers. I have also been told that opting out may increase one’s credit score on the order of ten points or more. I’m not sure whether this is true, but it sounds good.

In case you don’t want to opt out online, you can also call 888-5-OPT-OUT (888-567-8688). If you want to opt in, you can do that also. What a country!

OptOutPreScreen.com

Resort Township’s East Park to Remain Closed

Due to the ongoing cleanup of environmental contamination by CMS Energy at the site of the former Petoskey cement plant, Resort Township’s East Park will remain closed to the public for at least another season, and possibly longer.

According to township supervisor Robert Wheaton, much of the park will have to be torn out to remediate large piles of kiln dust, including the parking lots, steps to the waterfront and pavillion.

East Park to Remain Closed [Traverse City Record Eagle]