GREETINGS FROM VERNA ACKER
REALTY EXECUTIVES Elite
414.534.7400
FOR YOUR INFORMATION:
Real Estate Information from Western Racine County; Waterford, WI 53185
December 7, 2000

TABLE OF CONTENTS
New-Home Size Minimums Changing in Town of Waterford
Inspection Results as Related to the Offer to Purchase

AUGUST, 2001, NEW HOMES WILL HAVE TO BE LARGER
The Township of Waterford Planning Commission changed the new- home minimum square footage in September. On properties less than a half acre in size, new ranch-style single family homes must be at least 1500 square feet, with two-story dwellings needing to be 1,850. For lots that are more than a half acre, ranch homes must be 1,650 square feet, and two-story houses must have 2,000 square feet. An earlier proposal by the Planning Commission had called for upper limits higher than those that have been now implemented. Current limits are 1,250 for one-story dwellings, 1,650 for two-story dwellings, regardless of the size of the property. The new requirements go into effect August, 2001.

LET'S REVISIT THE INSPECTION CONTINGENCY
Lines 311 – 315 of page 5 of 5 of the Offer to Purchase, State form WB-11 states: “DEFECT DEFINED: For the purposes of this contingency, a defect is defined as a structural, mechanical or other conditions that would have a significant effect on the value of the Property; that would significantly impair the health or safety of future occupants of the Property; or that if not repaired, removed, or replaced would significantly shorten or have a significant adverse effect on the expected normal life of the Property. Defects do not include structural, mechanical or other conditions the nature and extent of which Buyer had actual knowledge or written notice before signing the offer.”

The Offer to Purchase, lines 298 – 316 gives the Buyer the opportunity to have a professional third party inspector look at the property to determine the condition of the property, to discover defects that may not be known to the parties of the transaction and to inform the buyer of items that may need attention presently or in the future. The buyer should understand that defects, as defined in the above paragraph, do not include everything that the inspector says is not “right” about the property. The clause is not meant to allow the buyer to present a laundry list of “fix-its” that the seller should fix in order to keep the transaction on track..

The following discussion occurred in the Inman Newsletter. It was sent to me by Don Melton of HouseMasters Inspections. Don can be reached at 1-800-767-3131 or you can connect to his web site from my site, http://www.vernacker.com

INSPECTORS IN THE HOUSE (CONSUMER)
“Last week, I hired a home inspector to evaluate a residence I'm trying to buy. Now that the inspection is done, it seems that I was ripped off. My inspector found a laundry list of problems with the house, including defects with the electrical wiring, the furnace, the skylights, the gate, the walkway, the paint, the garden and a whole lot more. But when I presented the sellers with the report and demanded repair of each and every item, they broke off negotiations and refused to sell me the house. What's the use of a home inspection if all it does is blow the deal or force me to buy the house in as-is condition? Ron G. ANSWER: First of all, no one is forcing you to buy the house. Your inspector has provided you with pertinent information. What you do with that knowledge is a matter of choice, to be exercised with prudence and thoughtful consideration. For More Information: http://www.inman.com/hstory.asp?ID=22112&CatType=B FOR AOL USERS: ClickHere

ANOTHER CAUTION IN THE INSPECTION CLAUSE
Line 300-305: “The [inspection contingency] shall be deemed satisfied unless Buyer within _____days of acceptance, delivers to Seller, and to listing broker if Property is listed, a copy of the inspector's written report(s) and a written notice listing the defect(s) identified in the inspection to which the Buyer objects. CAUTION: A PROPOSED AMENDMENT WILL NOT SATISFY THE NOTICE REQUIREMENT…..” Note: Time and again, we hear that buyers believe an amendment given to the seller with a list of things to be fixed is the same as a notice of defects. THIS IS NOT TRUE. An amendment is a request for the seller to make repairs that are deemed necessary by the buyer. A seller is not required to sign any amendment. If the proposed amendment is signed before the Notice of Defects deadline, the notice of defects issue is mute. The amendment should have a deadline date that is BEFORE the Notice of Defects deadline. If the Buyer proposes repairs on an amendment and does not intend to proceed if the seller does not agree to the amendment, the Buyer should ALSO complete the Notice of Defects form. The Notice can include the sentence that says “the Notice of Defects will take effect if the accompanying amendment is not accepted by the seller.” IF THE NOTICE OF DEFECTS IS NOT FILED WITHIN THE TIME FRAME STATED AT LINE 301, THE SELLER HAS NO OBLIGATION TO COMPLETE THE REPAIRS AS SUGGESTED ON THE AMENDMENT. At that point, the inspection contingent can be considered satisfied and negotiations can be considered complete. ** If you have questions regarding your legal rights in an offer, be sure to consult an attorney.

GREETINGS FROM VERNA ACKER
REALTY EXECUTIVES Elite
414.534.7400
FOR YOUR INFORMATION:
Real Estate Information from Western Racine County; Waterford, WI 53185 December 12, 2000

THE STORY OF THE WATERFORD SWANS
[as taken from article by Jill Tatge for the Racine Journal times, March 20, 1999]

The banners that fly from light posts around the downtown area depict a large swan swimming peacefully in the Fox River near the Main Street bridge. But local residents know that the story behind the swans that call Waterford their home is less than tranquil, said Pam Belden, director of the Waterford Library.

Swans have made their home on the river since the late 1940s – the original pair a gift from Bauer Mohr. Unfortunately, the female died before the two produced any offspring and the male, called Jack, became a feisty bird known to chase boaters, fishermen and sightseers, said Belden.

To help remedy the situation, the Waterford Area Booster Club raised enough money to purchase another pair of swans in the mid-60s. The swans were named Sir Lancelot and Lady Guinevere by way of a community contest.

Unfortunately, the presence of two males and one female turned the situation into a deadly love triangle, with Jack remaining the ruler of the river. The happy ending of the story is that the swans that still grace the Fox River may be the offspring of Jack and Lady Guinevere.

NOTICE!!!!!!
The DNR has decided that the mute swans that live on the Fox River and Lake Tichigan should be eliminated. It was recently discovered that the DNR has put in place a program within which the DNR injects the swan eggs with bleach to kill the embryo. This past spring, they went into the nesting places of our beautiful swans and obliterated the signet embryos. They have decided that no mute swans should live in our community because they are not native to the area and because they can become aggressive. Most of us who live on and near the waterway have stories to tell about our swans. We routinely save our old bread so that our grandchildren can feed them when they come for their nightly visits to our piers. We watch them in the evenings as they float on the river, their silhouettes so beautiful against the sunset and the water. There is little that is more relaxing than sitting back and watching these graceful birds as they live among us. One that has been visiting my pier for years was injured a long time back. She has a crippled leg that she tucks under her wing. Her mate protects her and swims at her side night after night. One big male has been coming by on his own for several years. His mate must have died. He floats alone in our bay in the evening. I am told that swans mate for life. Now, isn't that a lovely idea? Until this past year, we could expect to see our swans visit us in the early spring with their new babies and we would enjoy watching those babies grow and mature throughout the summer. These birds, who are “so aggressive and territorial that they should be eliminated,” are seen often living within whole flocks of Canada geese. I have pictures of one summer that we had regular visits from 11 swans and many geese. One evening, our 11 swans and about 37 geese were all at our pier at the same time. We fed them our old bread and enjoyed watching them as them competed for the morsels and helped their babies get their fair share. The DNR says that the matter has been decided and the birds will be eliminated.

THERE IS A MEETING SCHEDULED FOR DECEMBER 21, 2000
6 o'clock p.m. at the Waterford Town Hall at the north edge of the village. The DNR has agreed to talk with the residents and get our input regarding their program of killing the swans. We would like to see everyone who is within driving distance to the town hall to come to that meeting. HOPE TO SEE YOU THERE!!!!!! Help us save these beautiful creatures! Perhaps, just maybe, the DNR can be convinced to leave our swans alone and let us enjoy something that has become a legend to our community and whose images fly over our village streets.

*****Again, Please mark your calendars to come to the Waterford Town Hall, Thursday, December 21, 2000 at 6 pm. Join us if you can. If you have any input that we could, perhaps, share at the meeting and you cannot attend, feel free to e-mail it back to me. I will bring your comments to the meeting.******

GREETINGS FROM VERNA ACKER
REALTY EXECUTIVES Elite
414.534.7400
FOR YOUR INFORMATION:
Real Estate Information from Western Racine County; Waterford, WI 53185 Merry Christmas, 2000
December 19, 2000

I would like to say a heartfelt Thank You to everyone who has chosen to work with me and Realty Executives, Lake & Country this past year. It has been an exceptional year of extreme highs and a few lows, too. This newsletter now goes to more that 700 recipients. It is a pleasure keeping in touch with everyone on a weekly basis. I hope that you have picked up some good information to help with your real estate needs. In the future, please let me know if there is a topic that you would like to have discussed.

Best Wishes to You and Those You Love for this blessed Christmas Season and the year to come. God Bless, Verna

A PRAYER FOR SURVIVING THE HOLIDAYS
Be with us at the holidays, and guide us, LORD, we pray - -
Through crowded stores at busy malls,
Please help up find our way.

When Christmas Trees won't stand up straight,
Please keep us calm and steady,
And help us not get too “wrapped up”
In getting presents ready.

Deliver us from all the fuss
Of too much cookie baking,
And give us time for savoring
Sweet memories in the making.

In all we do,
May we keep CHRIST
In Christmastime somehow –
And may we know a little of
Your “peace on earth” right now!

Happiest Christmas Wishes to You and Yours
Verna Acker, Pam Paulsen
Gwen Nellen, Ivan Acker