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SMOKE DETECTORS: WHATYOU NEED TO KNOW! Investors Take Action from National REIA NEWSLETTER FOR MID-AMERICA ASSOCIATION OF REAL ESTATE INVESTORS NEWS NOVEMER 2016 HR 5301 Calendar of Events Market Update Business Directory from MAREI Staff PLUS RE INTERIOR INSPECTIONS INVESTMENT

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S M O K E D E T E C T O R S :W H A T Y O U N E E D T O K N O W !

I n v e s t o r s T a k e A c t i o n

from National REIA

N E W S L E T T E R F O RM I D - A M E R I C A A S S O C I A T I O N O FR E A L E S T A T E I N V E S T O R S

N E W SNOVEMER 2016

HR 5301Calendar of EventsMarket UpdateBusiness Directory

from MAREI Staff

PLUS

RE

I N T E R I O R I N S P E C T I O N S

INVESTMENT

Smoke Detectorswhat you need to know

Article from Rebecca McClain & National REIA's RE Journal(https://issuu.com/nreia/docs)

National REIA has been closely monitoringthe change in laws about smoke and carbonmonoxide detectors across the country. Onecase hit close to home as my son had friendsthat were affected. On January 1, 2013 in theUniversity of Cincinnati campus area threeblocks off campus, two college students diedof smoke inhalation due to a smoldering fire. As a landlord, getting a call about a tenantdying in a fire at one of my rental homes is oneof my greatest fears. Reading the article andhearing the account from my son, I wasbothered by several things.

The rental was a solid brick house – not theaging, wood framed, structure that I mightfirst think of when I hear about serious fires. The fire didn’t appear to have been a serious

blaze. News reports and the Fire Departmentreport said the call came in at 6:48 AM, truckswere on the scene in less than 3.5 minutes, theyhad the fire under control in 10 minutes and hadconfined it to one room. A fireman commentedthat when he arrived he was not sure they hadthe right address because he did not immediatelysee signs of fire. The firemen carried the twovictims from the house 9 minutes and 50 secondsafter the first call came in. What killed theresidents was smoke. The fire never got nearthem. They were on the floor, apparently tryingto escape when they were overcome with smoke.

While there were other complicating factors tothat situation, it did draw a significant amount ofattention to smoke based fatalities that are socommon in house fires. Contrary to popular

belief, most deaths from house fires donot occur from burns, but instead fromsmoke. The smoke based fatalities are aproblem that could most likely beavoided with the use of a photoelectrictype of smoke detector. These detectors,according to several university studies,are significantly more effective in pickingup smoldering fires. With today’spervasive use of fire retardant materials,most fires actually smolder for asignificant amount of time beforegrowing into a flaming-fire. Thephotoelectric smoke detectors arequicker activating with these smolderingfires and substantially the same in fastburning fires. By utilizing a single sensorphotoelectric smoke detector, residents

R E I N V E S TM EN T N EWS | 3

What in the World arePhotoelectric Smoke Detectors. . . And Why Do I Need Them?

chamber at an angle away from the sensor. Smoke enters into the chamber, reflecting lightonto the light sensor; triggering the alarm.

Combo-Units: Please note the use of the term“single sensor” is not without purpose. Thereare combo-units that include both ionizationand photoelectric sensors. However, thesecombo units consistently react slower thansingle sensor units in various tests, and are notrecommended. To be brief, they are morecostly and less effective.

Although many of the changes in the law call forphotoelectric installation, for each type ofsmoke alarm, the advantage it provides may becritical to life safety in some fire situations. Fatalfires in a rental home, day or night, include alarge number of smoldering fires and a largenumber of flaming fires. You can’t predict thetype of fire you may have in your rental home orwhen it will occur. Any smoke alarmtechnology, to be acceptable, must performacceptably for both types of fries in order toprovide early warning of fire at all times of theday or night and whether you are asleep orawake.

For best protection, NREIA recommends both(ionization and photoelectric) technologies tobe used in rental homes. We also encouragehaving a working and tested carbon monoxidedetector and fire extinguisher in your rentals.

outside of smoke alarms for this style ofbattery. Longer lasting batteries are expectedto enter the market later this year – updateswill be announced as they become available. Many detectors have a pin near the batterycase, which can help deny or delay a tenantaccess to the battery.

So what are the specific difference in smokedetector types?

Ionization Detectors: typically these aredisabled at least 20% of the time due tonuisance (false) alarms. Ionization-typesmoke alarms have a small amount ofradioactive material between two electricallycharged plates, which ionized the air andcauses current to flow between the plates. When smoke enters the chamber, it disruptsthe flow of ions, thus reducing the flow ofcurrent and activating the alarm. Ionizationdetectors will often have an atomic symbol onthem for their (exceptionally small)radioactive ingredient, while photo-electricswill typically have “P” in a square stamped onthe case. 90% of all detectors currently beingused are ionization.

Photoelectric smoke alarms: generally moreresponsive to fires that begin with a longperiod of smoldering. Photoelectric-typealarms aim a light source into a sensing

may be notified between 2 and 40 minutesearlier, based on university studies.

Due to this technological advantage, in an effortto help reduce smoke related fatalities, manymunicipalities across the U. S. are changing lawsor passing ordinances to require photoelectricsmoke detectors in rental properties. Most ofthese ordinances require a landlord to install onephotoelectric smoke detectors in a bedroom, oroutside of a bedroom between contiguousbedrooms. Personally, I am placing them in eachbedroom, the hallways, and at the top of thestairwells depending on the layout of the home. Many of these new laws put strict timerequirements into place.

Because of the logistics and financial impact, aswell as likelihood of incident, these laws areasking single-family rentals and smaller buildingsto finish the process more quickly, as student anduniversity related fatalities have been moresignificantly impacted. National REIA hasworked with our partner, The Home Depot andtheir manufacturers to address the substantialneed for a dependable solutions for ourmembers, independent rental owners. In mostareas there will be an annual certification thatthe detectors are working. The process for thiswill most likely be the posting of a self-signed anddated certificate I an area by a fire extinguisheror boiler certificate at the property.

Please consider that ALL smoke alarms expireafter 10 years. If the smoke alarm does not havea date stamped on it, it most likely predates the10 year expiration and will be considered“expire” by fire inspectors in any region.

Some other ways to make the detector longerlasting are lithium batteries. These long-lifebatteries can help minimize the maintenancerequired for battery change outs and reduce thetime it takes to perform annual certification. Most lithium batteries currently last about 6years. 9-volt Lithium batteries are less likely to be“removed” by tenants, as there are fewer uses

SELF DIRECT

4 | MAR E I .ORG

H.R. 5301S E L L E R F I N A N C E

ON May 19th, 2016 HR 5301:  The Seller FinanceEnhancement Act was introduced to the 114th USCongress by Congressman Roger Williams aRepublican from Texas along with his co-sponsors

1. Randy Neugebauer (R-TX-10)2. Bobby Rush (D-IL-1)3. Mick Mulvaney (R-SC-5)4. Henry Cueller (D-TX-28)

Initially announced by the Seller Finance Coalition ata Note School Event way back in 2013 by the one andonly sponsor at the time Congress Roger Williams, ithas gone through many draftings and discussions tocreate the final bill that was introduced and to addthe initial co-sponsors listed.

When the SAFE Act and Dodd-Frank went into effectit virtually overnight stopped most real estateinvestors from offering seller financing andinstallment sales to home owners who could ill affordthe blow.  Seller Financing by is the primary sourcefor financing for home buyers in the under $50,000price range and those buying non-conventionalhousing, like mobile homes.  Discouraginghomeownership.

The Bill would simply exempt seller financers whooriginate not more than 24 mortgages in a 12-monthperiod from mortgage lending rules under the SAFEAct and Dodd-Frank Act.  Specifically the Loan 

ACTION

R E I N V E S TM EN T N EWS | 5

SellerFinanceCoalition.org and

learn more about HR 5301 and

join the Seller Finance Coalition. 

Spread the Word:  

You will find posts and social

media links at the above sites

that will allow you to spread the

word.

Share Videos: 

You can also share the following

3 Videos through your own online

media:

Ad from the Seller Finance

Coalition:

 https://youtu.be/0AvbiOVyIks

Video from Bob Repass:

 https://youtu.be/KLq79_PpQV8

Video from Jeff Watson:

 https://youtu.be/hcSoeg7X4o4

5. Alan Grayson (D-FL-9)6. Jim Bridenstine (R-Al-1)7. Duncan Hunter (R-CA-5)08. Bradley Byrne (R-AL-1)9. Brian Babin (R-TX-36)10. Kenny Marchant (R-TX-24)11. David Joyce (R-OH-14)12. Sam Graves (R-MO-6)13. Ken Calvert (R-CA-42)

What can you do to help as aproperty owner:

Contact Your Congressman.National REIA has set up a quickway for you to reach out to yourCongressman.  

Go tonationalreia.org/action-center/

2. Join the Seller FinanceCoalition:  

Go to

Originator Licensing andRegistration requirements of theSAFE Act and from the debt toincome ratio restrictions of theDodd-Frank Act.

Twenty four seller financed loansper year, including first mortgages,second mortgages and installmentland contracts is enough foralmost any small real estateinvestor to get back to improvingour cities housing stock, providingclean, save housing for consumersto own, and making some longterm interest on these transactionsto help secure and stabilize ourown financial futures.

Since first being introduced, thelist of cosponsors have grown fromthe initial 4 cosponsors to a full 14representatives on both sides ofthe aisle, including those listedpreviously and below.

6 | MAR E I .ORG

Like anything else, shipping costs can be one

those little things that can eat into your

bottom-line in a big way. That’s where the

National REIA Shipping Program, managed

by PartnerShip® comes into play.

The program is a comprehensive inbound and

outbound shipping program that combines

simplicity, savings, and value to all National

REIA members. As the NREIA-endorsed

shipping management provider, PartnerShip

works with FedEx, UPS Freight, YRC

Freight, and other reputable carriers to

provide unparalleled customer service

and significant savings on every

shipment.

PartnerShip LLC is offering discounts on

shipping and printing through Fed Ex Office

through National REIA between 20% and 26 %

plus up to 76% off on LTL shipping.

Log into MAREIMember.com to access your

discounts.

Shipping Made Easy

WinVestor'sHosted by Brian & Michelle WinberryWednesday Mornings at 9 amLucky Brewgrill5401 Johnson Drive, Mission

1st SaturdaysHosted by Jim & Beth Kasper1st Saturday of the Month 9 amNetworking Coffee / Denny's9001 Shawnee Mission Pkwy, Mission

Landlords of Johnson CountyFirst Wednesday of the MonthMatt Ross Community Center8101 Marty, Overland Park, KS

Cass County Landlords3rd Tuesday of the MonthCarnegie Village103 Bernard Drive, Belton

Landlord Inc of KCK3rd Tuesday of the MonthLoan Star Steak House1501 Village West, KCK

Blue Springs Real Estate Investors3rd Thursday of the MonthPerkins 3939 S Bolger, Rd, Independence

Landlords Inc.

4th Tuesday of the MonthCentral United Methodist Church5144 Oak Street, KCMO

Landlords of EJC4th Thursday of the MonthAllen's Banquet Hall11330 E Truman RdIndependence, MO

Jackson County Real Estate InvestorsLast Wednesday of the Month4 West Monroe StreetBuckner, Missouri

No matter what happens at the Tuesday Election, We still need to

take care of the Real Estate Industry. We will be discussing current

issues that we all need know about. !Be sure to RSVP Online and

join us at the Holiday Inn at 8787 Reeder Road from 6pm to 9pm

on Thursday November 10th FREE for Members and 1st Time

Guests. All others pay $25 at the door or $15 when they pre-

regsiter at MAREI.org.

LEGISLATIVEUPDATE

MEETINGFROM OTHER GROUPS >

2016 marks our 3rd AnnualSpeed Networking for Toysfor Tots Event. This is one oftwo annual meetings thatwe ask all members tocontribute. Event is oppen toeveryone, all we ask to attendand network is for you tobring a new unwrapped toyor make a cash donation toToys for Tots. TuesdayDecember 13th, 6 pm.

3RD ANNUAL NETWORKING FOR TOTS

MARE I .ORG /CA L ENDAR

THE CALENDAR

As we build our rental portfolios, we need to protect our asset. One of

the best ways to protect ourselves is by screening tenants. Screening

Expert David Picron from RentPerfect.com is going to be joining us to

discuss how to screen for the perfect tenant. This webiar is on Tuesday

November 15th at 3pm. There is no charge for this webinar. Please go to

www.MAREI.org to get pre-register.

THE PERFECT TENANT

WEBINAR

See full day workshop

page 5

DECEMBER

"We are so glad we joined . . . We already have received our monies worth . . .we were able to find a great contractor for our first rehab project at the meeting!”"

Thursday Not Tuesday

MARKET UPDTATE Sept. 2016

3,343homes sold

5.3% Increase over 2015

58average days on

market17.1 % Decrease from 2015

96.2% of asking price1.3% Increase over 2015

$15k$14,733 average

sale priceincrease fromsame time lastyear (7.3%)

2,919pending sales3.6% Increase over 2015

8,089houses for sale28.4% decrease2.6 month supply

average: $216,451median: $182,000

Demand has remained high through the first three quarters of 2016. With rental prices andemployment opportunities in a consistent climb, year-over-year increases in home buying areprobable for the rest of the year but not guaranteed.

In general, today's demand is driven by three factors: Millennials are reaching prime home-

buying age, growing families are looking for larger homes and empty nesters are downsizing.However, intriguingly low interest rates often prompt refinancing instead of listing, contributingto lower inventory. Recent studies have also shown that short-term rentals are keeping acollection of homes off the market.

For further detail see http://www.kcrar.com/statistics

INVESTORS TAKEACTION ON INTERIORINSPECTIONS

INVESTORS TAKEACTION ON INTERIORINSPECTIONS

By Stff

Let’s face it, our local cities are facinghard times. Their expenses arecontinually going up and theirfunding is not necessarily going up. They could raise “taxes”, but theymay not be elected to the city councilnext time up. So they are gettingcreative.

These same officials are facing aginghousing stock where the homes andapartments need to be repaired andupdated, maintained and evenreplaced as time goes on. And whilehome owner work hard to maintainwhat they own, there are some whodo not have the time, money orability to maintain their homes. Somejust don’t care and also do nothing.

In an effort to make sure the housingin their city is safe, they have long

1 0 | MAR E I .ORG

This past year in 2015 in a precedent-setting win for personal freedom andtenants, the U.S. District Court forthe Southern District of Ohio in theBaker v. the City of Portsmouth, thecourt rules that “the Portsmouth[Ohio Rental Dwelling Code] violatesthe Fourth Amendment insofar as itauthorizes warrantlessadministrative inspections. It isundisputed that the RDC affords nowarrant procedure or othermechanism for pre-compliancereview. As in the above cases, theowners and/or tenants of rentalproperties in Portsmouth are thusfaced with the choice of consentingto the warrantless inspection or

had rules and regulations on thebooks that require inspections tomake sure the building is up to codeand meet city codes rules andregulations. But now with the agingstock and the need for more funds,more and more cities are creatingnew rules and regulations thatrequire the at least the landlordproperty owners to get a license ofsome sort, generating income. And inan effort to keep propertiesmaintained, they are creating newinspection rules to go along withthose licensing requirements.

All well and good, except forsomething called the FourthAmendment to the Constitution thatprohibits warrantless inspections ofhomes without the occupant’sconsent.

landlords. They will then choose to go

out of business or pass the expense on

to the tenant resident. However, the

slum lord, which the cities concede is a

miniscule portion of all landlords, well,

we are pretty sure that they don’t

care about their properties, their

tenants or even the rules and why

would even more rules make them do

anything different.

So what can we as landlords, investors

and property owners in Missouri do?

We highly encourage you to be part

of some or several organizations who

monitor what is going on and respond

as best they can. First join MAREI and

be sure to subscribe to our email

newsletters and / or follow MAREI on

social media. Next, join the Landlord

organization(s) in the cities where you

hold rentals. We list many of them on

the MAREI calendar to help you find

one near you.. As each and every city

is going to have a different set of rules

and regulations, your local landlord

group is going to be your best first line

of defense.

In Kansas most landlord groups are

already a part of their state

Organization The Associated

Landlords of Kansas. In Missouri,

there is no state Organization.

It takes coordinated effort to show

the general public, that 99.9% of all

Landlords are good people, with great

properties, who take care of their

tenants. The public only sees that

0.1% of the bad landlords as bad press

sells generates more viewers that the

cute feel good stories.

3) Local government may continue to doinspections when building permits arerequired.

4) The law reserves the right of a Tenant torequest an interior inspection from the localgovernment, as already defined in the KansasLandlord-Tenant Law (58-2572).

TALK Lobbyist Ed Jaskinia worked very hardon this bill for almost a year, fighting offmultitudes of attacks. He asked for andreceived much cooperation and supportfrom the Realtor Lobbyist and many others,without whom this legislation might not havepassed.

Effective July 1, 2016, this new law is a giantstep forward in preserving the rights of bothproperty and privacy for the citizens ofKansas.

Many cities are still doing interior inspectionson rentals when they are vacant betweentenants or when they are able to obtain andadministrative warrant, so we will need towatch and see how cities across Kansas dealwith this aspect.

Most recently the city of IndependenceMissouri voted to amend city code to addinterior inspections every two years on rentalproperty. To get around the 4th amendmentissue, the city has decided they will not do theinspection, but rather provide the list ofqualified inspectors and require the landlordto order and pay for their own inspections.

The landlords in Independence collectedsignatures in attempt to get the ordinanceput to the vote but were un-successful.

So, where is this all going? Well, here atMAREI, our belief is that the more youregulate the rentals, the costs will go up for

R E I N V E S TM EN T N EWS | 1 1

facing criminal charges, a result the SupremeCourt has expressly disavowed under theFourth Amendment.

What does that mean for everyone else not inPortsmouth Ohio, well the next step was to see ifthe city in question would appeal the ruling,which they did not. Next up would be for other’sto take suit against their own cities to get similarrulings.

In another case in Colorado where a rentalinspection program was started to cut down onslum lords and make sure every resident has ahabitable place to live, a tenant ended up in courtfor refusing to allow inspectors into his home. Inthat case the city manager ordered a stay oninterior rental inspections on single familyhomes until they could be removed from theirinspection program. Although they are stillmaintaining the inspection rules for multi family.

Meanwhile, cities in Kansas and Missouri keepcreating new interior inspection laws for theircities.In the State of Kansas, The Associated Landlordsof Kansas and their President Ed Jaskinia wassuccessful in getting HB @665 that waseventually combined with SB 366 and severalother bills passed and signed into Kansas Law onMay 17, 2016. This new Kansas Law says four important things:

1) No residential rental licensing programoperated by city or county governments may doan INTERIOR inspection without the consent ofthe lawful occupant. They must ask, and theTenant must agree, or the inspection is notallowed to happen. There is an exception to thislaw for mixed use buildings, such as a buildingwith both commercial and residential Tenants.

2) This law does NOT make any changes to theLandlords right to enter as defined in the KansasLandlord-Tenant Law (58-2557).

RENTAL PROPERTY

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K C I N V E S TInvestment Property SellerKim Tuckerwww.KCInvest.com913-735-0018

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DIRECTORY

R E I N V E S TM EN T N EWS | 1 3

C R O S S R O A D S I N V E S T M E N TL E N D I N GInvestor LendingBritton Asbell and BarakTschirhartwww.KCLend.com913-766-2900

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P A T L I V EProfessionally Answered TelephonesFree Trial & Discountswww.MAREI.org/PatLive

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R E A L E F L O WReal Estate Investor PlatformMarketing, Management, Deal Flowwww.MAREI.org/Realeflow

R E A L E S T A T E I N V E S T I N GT O D A Y Real Estate News from National REIA.www.RealEstateInvestingToday.com

R E N T A L S . C O MAdvertise Your Rental PropertiesDiscounts for Memberswww.Rentals.com

R E N T P E R F E C TTenant Screening, Leases & Insurancewww.ISCScreening.com

DIRECTORY

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And you do have to get out and WORK on your Network, both live and face to face as well asonline. You need to develop group of people that know like and trust you who want to dobusiness with you, who will also refer you business and who you can refer busines too.

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