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  1. #8451
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    Quote Originally Posted by Not bunion View Post

    I owned # 1831 for 10 years and sold at the top in 2006 and did a lot to the interior before I sold it and I can assure you that there was no sheathing. I also never had a heating bill worth mentioning, the downstairs kept me toasty.
    .
    .
    nice!

    Quote Originally Posted by Harry View Post
    Talisman showed up at my office this morning. Always good to see him. Pretty much just talked business. I forgot to tell him about the 6x6 bull elk I saw halfway between his driveway and my driveway this morning. No pic, but he way burly. Large and in charge, looking for some ladies.


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  2. #8452
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    2012 SW Montana Conditions, Stoke and Whatev Thread

    FKNA, Lone Peak is plastered with snow this morning. Very foggy right now, I will try to get a photo when the fog clears.

    Edit: photo added

    Click image for larger version. 

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    Last edited by Harry; 09-10-2019 at 08:31 AM.
    "Zee damn fat skis are ruining zee piste !" -Oscar Schevlin

    "Hike up your skirt and grow a dick you fucking crybaby" -what Bunion said to Harry at the top of The Headwaters

  3. #8453
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    May 2008
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    FYI that $4300 was just the downpayment on the SA. Final big chunk will be due Dec 2020 or Jan 2021 and vary based on unit SF. Not something any sellers have been mentioning.

  4. #8454
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    Quote Originally Posted by Whiteroom_Guardian View Post
    Not something any sellers have been mentioning.
    I am absolutely shook.

  5. #8455
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    Quote Originally Posted by concretejungle View Post
    I am absolutely shook.
    Haha. I think alot of people just bought hills in the last 6 months or so and thought the first installment was the whole thing unfortunately.

  6. #8456
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    Jan 2018
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    Gallatin County
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    Quote Originally Posted by Harry View Post
    I forgot to tell him about the 6x6 bull elk I saw halfway between his driveway and my driveway this morning. No pic, but he way burly. Large and in charge, looking for some ladies.
    I may have seen your bull as he chased off a rag horn from a group of six cows last night. Bugling elk have started in these parts.

  7. #8457
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    Quote Originally Posted by Talisman View Post
    I may have seen your bull as he chased off a rag horn from a group of six cows last night. Bugling elk have started in these parts.
    Might have to go brave the weather and take the bow for a walk.

  8. #8458
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    Nov 2005
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    Quote Originally Posted by Whiteroom_Guardian View Post
    FYI that $4300 was just the downpayment on the SA. Final big chunk will be due Dec 2020 or Jan 2021 and vary based on unit SF. Not something any sellers have been mentioning.
    Not to be a fucking douche, but:

    (2) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being of enough significance as to affect a person's decision to enter into a contract to buy or sell real property and may be a fact that:
    (i) materially affects the value, affects structural integrity, or presents a documented health risk to occupants of the property; or
    (ii) materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract.

    https://leg.mt.gov/bills/mca/title_0...0010-0020.html

    Same definition applies for sellers themselves, not just agents.

  9. #8459
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    Quote Originally Posted by RootSkier View Post
    Not to be a fucking douche, but:

    (2) (a) "Adverse material fact" means a fact that should be recognized by a broker or salesperson as being of enough significance as to affect a person's decision to enter into a contract to buy or sell real property and may be a fact that:
    (i) materially affects the value, affects structural integrity, or presents a documented health risk to occupants of the property; or
    (ii) materially affects the buyer's ability or intent to perform the buyer's obligations under a proposed or existing contract.

    https://leg.mt.gov/bills/mca/title_0...0010-0020.html

    Same definition applies for sellers themselves, not just agents.
    That's not being a douche, that's just being right. People are gonna people unfortunately. Always pays to contact the HOA directly and see what's cooking.

  10. #8460
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    Bartender at Scissorbills just got what is likely a state record Mule Deer with a bow.


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    "Hike up your skirt and grow a dick you fucking crybaby" -what Bunion said to Harry at the top of The Headwaters

  11. #8461
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    Nov 2002
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    Quote Originally Posted by Whiteroom_Guardian View Post
    That's not being a douche, that's just being right. People are gonna people unfortunately. Always pays to contact the HOA directly and see what's cooking.
    What is the law regarding disclosure of unpaid yep voted on assessments? Down here in the land of weed and 14ers, a standard contract would require that the HOA manager provide documents including unpaid assessments.

  12. #8462
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    Quote Originally Posted by Foggy_Goggles View Post
    What is the law regarding disclosure of unpaid yep voted on assessments? Down here in the land of weed and 14ers, a standard contract would require that the HOA manager provide documents including unpaid assessments.
    I doubt there is any specific law other than the one cited above, but the Montana Association of Realtors standard form Seller's Property Disclosure includes a field for property owners association dues, etc. I am pretty confident that if I were giving legal advice (I AM NOT) that someone failing to disclose a known upcoming special assessment is likely to lose if they get sued. And they would probably deserve to, because you know they are out there touting the improvements.

  13. #8463
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    Quote Originally Posted by Harry View Post
    Bartender at Scissorbills just got what is likely a state record Mule Deer with a bow.


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    Out with the pics!!

  14. #8464
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    Nov 2002
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    I'm just a dirtbag carpenter working on my insurance audit...but...I'm on my HOA board so I have a bit of knowledge. In the land of crowded ski areas and low snowfall, HOA are governed by the Colorado Common Ownership Interest Act. Part of that all but insists an HOA has a professionally certified property manager. As I understand it, at the time of closing the title company requires a set of documents from the Property Manager including extensive financial disclosures. The googles found me this https://www.cohoalaw.com/community-a...ales-contract/

    Realtors and buyers love to throw the HOA under the bus. 9/10 the info was disclosed, the "real estate professional" didn't properly advice the buyer, the buyer didn't read what what they signed, the commission check clears, everyone throws their hands up and the dirt pimp still makes in the happy hour on time.

  15. #8465
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    Quote Originally Posted by Foggy_Goggles View Post
    Realtors and buyers love to throw the HOA under the bus. 9/10 the info was disclosed, the "real estate professional" didn't properly advice the buyer, the buyer didn't read what what they signed, the commission check clears, everyone throws their hands up and the dirt pimp still makes in the happy hour on time.
    In my short time with a license and hearing all the stories from my sister's 20 years as a realtor it's astounding the level of negligence in the field.

    I'm lucky to have a contract coordinator/mentor who is a stickler for doing things the right way, not the easy way.

    Even if the law didn't demand disclosure, anyone would be foolish to buy something without at least wanting to know what future known assessments are coming down the pipe.

  16. #8466
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    In my short time with a license and hearing all the stories from my sister's 20 years as a realtor it's astounding the level of negligence in the field.

    I'm lucky to have a contract coordinator/mentor who is a stickler for doing things the right way, not the easy way.

    Even if the law didn't demand disclosure, anyone would be foolish to buy something without at least wanting to know what future known assessments are coming down the pipe.
    Good for you, I think. Hopefully you don't lose too many sales to the deceitful shit bags. What is surprising to is not the negligence and lack of ethics, it is simply how institutionalized it is. I any other profession, that is you number one job as an agent. Accept Realtor's contract don't even acknowledge the agency relationship. Their allegiance is "to the deal". Funny that, the guy with the tm next to the word Realtor ain't even your agent. That's what 3% gets ya.

    But really, what is the law in MT? Buyers should read everything. Actually, that's a good rule for any legal or contractual contract. "All documents must be presented 48 hours prior to closing for review".

    Typical buyer "should I read that?"

    Typical Realtor "not necessary, my Chardonnay is getting warm"

  17. #8467
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    Quote Originally Posted by Foggy_Goggles View Post
    But really, what is the law in MT?
    For the most part, Montana has very few laws. Which is part of the reason I love living in this state.

    I was on my HOA Board for 6 years. Worst experience ever. Really makes you realize just how petty most people are.



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  18. #8468
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    Quote Originally Posted by Foggy_Goggles View Post
    Good for you, I think. Hopefully you don't lose too many sales to the deceitful shit bags. What is surprising to is not the negligence and lack of ethics, it is simply how institutionalized it is. I any other profession, that is you number one job as an agent. Accept Realtor's contract don't even acknowledge the agency relationship. Their allegiance is "to the deal". Funny that, the guy with the tm next to the word Realtor ain't even your agent. That's what 3% gets ya.

    But really, what is the law in MT? Buyers should read everything. Actually, that's a good rule for any legal or contractual contract. "All documents must be presented 48 hours prior to closing for review".

    Typical buyer "should I read that?"

    Typical Realtor "not necessary, my Chardonnay is getting warm"
    The information for the buyer isn't always readily available. I dealt with a home once that had an old heating oil tank under the living room floor which was a later addition. No paperwork, permits, etc. would have been available to the buyer. It leaked through the wall of the stairwell so the realtor/owner painted over it and called it a day. Young couple with a baby moved in and called my agency about odor concerns after they had lived there for a while. The concrete living room floor had to be jack hammered out to get the tank out, contaminated soil/tank removed by hand, new stairwell wall, etc. Realtor knew about the issue all the time and sold it to a couple with an infant, pathetic!

    Had another in a small town with a very old gas station on the market, remediation equipment on site, monitoring wells everywhere, etc. Cleanup at this site had been going on for years. The realtor lived in this tiny town and damn well knew about it, but told the buyer they weren't aware of any issues with the property. WTF? Fortunately the buyer noticed all the monitoring wells and walked away.

    That being said, I have worked with several very conscientious realtors over the years that were very professional so you can't paint them all with the same brush and every industry has it's wankers (including the gubment!).

  19. #8469
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    ^^I too have worked with several great realtors in my home transactions, and there is no question that they have saved me (or made me) a lot more money than they ever cost me.

  20. #8470
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    Quote Originally Posted by yeahman View Post
    ^^I too have worked with several great realtors in my home transactions, and there is no question that they have saved me (or made me) a lot more money than they ever cost me.
    x2!

  21. #8471
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    Quote Originally Posted by Whiteroom_Guardian View Post
    Out with the pics!!
    I have seen some, it is a monster. If I had a copy I would post it.

    You are up here all the time, just drop into Scissorbills, he will show you. Especially since you are a fellow bow hunter.


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  22. #8472
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    2012 SW Montana Conditions, Stoke and Whatev Thread

    Quote Originally Posted by Talisman View Post
    The straight forward approach is buying out the owners. The cheaper way is buying enough units to control the HOA votes. There is likely a legal approach involving MT law pertaining to property partitions. Knockdowns are big $, but are getting more frequent in resort towns.

    Bunion provided the Big Sky example of the parcel where the Big Horn condos are now once was the Deer lodge complex.
    Buying out a condo complex is much more difficult, than buying an old lodge.

    Only takes one disgruntled owner to file a lawsuit and bring your project to a standstill.

  23. #8473
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    Dec 2004
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    Quote Originally Posted by Shredhead View Post
    Buying out a condo complex is much more difficult, than buying an old lodge.
    It (Deer Lodge) was a condo complex. It was also built so poorly that the owners were gladly willing to sell. It was also built in the same era as the condo complex in question and by the same crews and contractors.

    Regardless, buying out and demolishing the complex in question is probably impossible now as no one who currently owns would stand a chance at buying anything close to comparable in terms of access and location.
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  24. #8474
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    Apr 2007
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    Bethel, Maine
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    591
    Quote Originally Posted by Shredhead View Post
    Buying out a condo complex is much more difficult, than buying an old lodge.

    Only takes one disgruntled owner to file a lawsuit and bring your project to a standstill.
    But if the developer is working with the mountain, that's a tough enemy to have in a ski town. I lived in a condo in a smaller eastern resort for a while, and my landlord had a bit of a battle with at least one iteration of mountain management in part because they owned a large number of the units in the building and enough other owners were absentee, that they basically drove things their way (including less-than-arms-length property-management contracts, flagrant disregard of the HOA rules by the mountain, and such). Although it never actually happened, at one point there was talk of banning him from the ski area itself, largely because they found him annoying (they obviously couldn't keep him out of the condo building or the deeded accesses to it, but they could have banned him from the lifts and trails). There was more to it than just the HOA disputes, but that was one of the bigger sticking points.

  25. #8475
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    Nov 2007
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    Leadville, CO
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    Quote Originally Posted by RootSkier View Post
    I doubt there is any specific law other than the one cited above, but the Montana Association of Realtors standard form Seller's Property Disclosure includes a field for property owners association dues, etc. I am pretty confident that if I were giving legal advice (I AM NOT) that someone failing to disclose a known upcoming special assessment is likely to lose if they get sued. And they would probably deserve to, because you know they are out there touting the improvements.
    called the hoa accountant yesterday, not much info there, text the hoa manager....nothing back from them....lol

    so, i guess thats (your quote) is in my favor since i didnt get complete info, im sure there's some law dog that can take that up for me .....and i can keep or sell the unit before teh next one is due (disclosing to any buyer), my determination will be to see what values are doing this season and after part of the wrap is complete....def did not get all the info from sellers (or agent), new an assessment was coming, but supposed to be $5K ) closed in late dec, got a bill for assessment first of Jan.....so there's that....
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