Florida Legislature's answer to HOAs regarding dangerous ...

Yesterday Gary Poliakoff blogged on a pending bill, that is of vital importance to homeowners. His concise comment belies its significance. I agree with Gary that this is far more important than the safe harbor addition to HB 319.

This Legislature proposes to take away homeowners and HOA?s remedy against developers who build unsafe roads, substandard retention ponds, or underground pipes in a residential subdivision. If the Legislature passes this ill-conceived bill, it will leave homeowners all over Florida at the mercy of developers. The Legislature is going out of its way to protect developers and builders, at the expense of all Floridians. With this bill, the Legislature?s answer to the homeowners who are victims of shoddy construction is ?tough luck?.

This legislation would legislatively overrule a sound 5th DCA (appellate) decision Lakeview Reserve Homeowners v Maronda Homes, Inc. 48 So.3d 902 (Fla 5th DCA 2010). There, the court held that Floridians buying new homes should not have to rely on caveat emptor. Caveat emptor is otherwise known as ?buyer beware? ? meaning the buyer assumes the risk and has no recourse should a problem exist, even if that problem is not something the buyer could reasonably have discovered or observed.

The Maronda court first noted that the trend over the decades was to reject caveat emptor in relation to the sale of new homes. By 1983, thirty-three jurisdictions had extended the implied warranty of fitness and merchantability (guaranteeing minimal suitability for the purpose for which the item was constructed) to real property. The trend was moving away from the harsh rule of caveat emptor, especially to residential homebuyers who lacked the expertise or ability to determine if complex structures were properly built. The rationale was that the burden of proving that new homes were safe should be on the developer/builder ? not the buyer.

Maronda quoted a 1970 Arkansas case, that pinpointed the absurdity of not extending warranties of fitness to new homes:

The contrast between the rules of law applicable to the sale of personal property and those applicable to the sale of real property was so great as to be indefensible. One who bought a chattel as simple as a walking stick or a kitchen mop was entitled to get his money back if the article was not of merchantable quality. But the purchaser of a $ 50,000 home ordinarily had no remedy even if the foundation proved to be so defective that the structure collapsed into a heap of rubble.

Later, the Court in Conklin v. Hurley, 428 So.2d 654 (Fla. 1983) echoed that rationale:

The rationale of the cases which relax or abandon the doctrine of caveat emptor is that the purchaser is not in an equal bargaining position with the builder-vendor of a new dwelling, and the purchaser is forced to rely on the skill and knowledge of the builder-developer with respect to the materials and workmanship of an adequately constructed dwelling house. . . . Common threads running through all the decisions extending implied warranties to purchasers of new homes are the inability of the ordinarily prudent homebuyer to detect flaws in the construction of modern houses and the chattel.

However, the Conklin Court then addressed the specific facts of that case, holding that implied warranties of fitness and merchantability did not extend to improvements to land, other than the construction of a home and other improvements ?immediately supporting the residence thereon, such as water wells and septic tanks.? The rationale was that other improvements, like the seawall at issue, were readily observable by the buyer. In addition, the Court reasoned that the investors in that case were on a more equal footing with the developer, and not in need of consumer protection of implied warranties.

The Conklin Court further opined that the that warranty of fitness or merchantability should include structures in common areas of a subdivision that immediately support the home in the form of essential services. In expanding the warranty of habitability to include these services and rejecting the doctrine of caveat emptor, the court noted that the typical residential purchaser does not have an equal bargaining position with the builder of the new dwelling and has no choice but to rely on the developer to handle the project competently.

After Conklin, then, the standard was to determine whether or not the improvements at issue were ?Structures in the common areas of a subdivision that immediately support the home in the form of essential services.? Private roads are essential services. So are retaining ponds and underground pipes. A homeowner cannot reasonalby ascertain if these are ?safe?.

The Maronda court eloquently described the history and trend and rationale ? making perfect sense. It does not promote a ?nanny state? but recognizes that some services are not readily observed or not readily able to be determined safe by the typical home buyer. The Maronda court distinguished the investors in Conklin, deciding that homebuyers clearly deserved consumer protection. Unlike Conklin, the improvement in Maronda were complex improvements put in to enable the developer to market ?move-in ready? homes.. The construction of these (not to mention planning, permitting, site work) requires expertise far beyond the average home buyer. When construction is completed, the defects are not readily discernable to the average homebuyer, even with diligent inspection.

This Legislature would reject Maronda, and common sense, to pander to the developers. I agree with Gary Poliakoff that if homeowner are going to get up in arms about something , this is it. It is a bad bill and is sadly reflective of this Legislature?s priorities.

These legislators should rethink their positions on this. Their consituents are the homeowners that live in HOAs. Their blatant pandering to special interest groups should alarm evey Floridian. Now is the time to make your views known. Do you want to move into a house where you have no recourse if the developer or builder takes shortcuts jeopardizing your family?s safety?

Source: http://blogs.sun-sentinel.com/condoblog/2012/02/florida-legislature%E2%80%99s-answer-to-hoas-regarding-dangerous-construction-tough-luck.html

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How should we handle difficult firing meeting? ? Business ...

Q. We recently decided to terminate an employee based on performance concerns. The employee is in sales and is required to cold call a certain number of individuals each day. In reviewing the daily call logs, the employee?s manager discovered that she has been calling the same disconnected number over and over again. Not only was this behavior dishonest, but it also violated a specific company policy. To top it off, she sent an email telling other employees they could do the same. In preparing for the termination meeting, I?m wondering what we should say?

A. For some time, the default approach to termination meetings was to simply tell the employee that the termination was a management decision and to provide very little additional information.

More and more, however, employers are moving toward providing greater detail about their reasons.

The rationale behind a generic approach is well intentioned: To avoid possible defamation claims and avoid getting the company boxed in about the reason for the termination. Although that can sometimes work, the generic approach may result in more legal challenges when an employee doesn?t understand the reasons for the termination, and assumes that it must have been for unfair or unlawful reasons.

In the scenario that you?ve outlined, I would recommend that you confront the employee with the facts. Provide a copy of the call log, as well as the email that the employee sent to other sales representatives. If the email was obtained by monitoring the employee?s email, make sure you had a policy in place that permitted monitoring before you use it as evidence.

Unless you learn something during your meeting that causes you to change your mind about the termination, explain that because of her actions, the company has de??cided to end her employment. If the employee tries to argue with you about the decision, explain that the decision is final and that the purpose of the meeting is to inform her of that decision, not to debate it.

In this instance, by providing the employee with the specific reason for the termination and the documentation to support it, you reduce the risk that she will question whether the decision was made for unlawful reasons. In addition, if your company wants to contest the employee?s unemployment benefits, you will be in a better position to do so.

Another word of caution: If your company has decided that this type of policy violation merits termination, be certain to consistently apply that discipline in similar circumstances.

Source: http://www.businessmanagementdaily.com/29346/how-should-we-handle-difficult-firing-meeting

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Selling Information Products Successfully | 1stoparticleshop

Selling information products online is perhaps the best business people can try out. There are even some online businesses reporting six figure incomes through the selling of information products. There really is a science to selling information successfully to a target audience.

It?s important to know that not all information sells. That is something that is imperative to understand. And besides that, you need to ensure that you?re focusing on the fundamentals right from the get-go. Make sure you get it all right with everything from the product?s creation to its sales. The following article talks about three effective info product creation tips that you can use right away to create stunning info products that actually get noticed?

When you?re in the information product business ? quality is everything. If you?re not offering quality to your buyers then you will not only face a high refund rate, but also get make a bad impression in your niche. It?s important to focus on giving more to your customers than they really expect. If you want to be successful, you need to make sure you are consistently over delivering. If you want to make selling information products a full time business that actually pays then you have to work hard on the quality. Some IMers focus just on how many products they can create and not on whether or not those products are good. This, however, is not an approach that you should be taking. You can pretty much guarantee that if you let the quality of your product suffer the rest of your business will suffer as well. Things really are that simple. If you want to make lots of sales for your info product then use information to sell it. Create a whole process that lets people know about your product and why they need it. Come up with various ways to inform people about your product and its benefits. Have a blog, leverage Web 2.0 sites and offer a free report on your topic. Give your readers as much as you for free so that they buy from you. You can also run webinars that offer valuable advice. The point here is to give your prospects something that is highly valuable without charging them. The more free content you release, the more publicity and traffic you can attract to your main offer.

Finally, understand that perception is everything in the information product selling business. Before someone will buy your products they need to be offered a very strong perception of you. You need to position your product correctly and also offer true value at some intense levels. It?s important to help your buyers understand how much value you have to offer by showing them how many benefits you offer them through your products. The process of selling informational products is much different than selling physical products. Tangible things are easy to prove beneficial. This isn?t the same when you want to sell information. It is incredibly important to make sure that your prospects understand what the best parts of your product are.

There?s something about the information product business that makes it so appealing. Some Internet Marketers have even created entire lines of ebooks and other information based products.

This article has shown you some of the most common ways to find success through the selling of information. Do not ignore them if you are hoping to make it big. Actually apply them when you?re ready to take action. Do not let this great information be wasted. It?s better to use it to help you find success by building your information business correctly?trust us, it?s worth it.

Donald Holmes is skilled within weight loss diets plus quick weight loss.

Source: http://www.1stoparticleshop.info/?p=7442

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Setting Up A Small Business Marketing Program, Strategic Program ...

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Terrific internet site about small business marketing, strategy, as well as operating a business with articles and different blogs from a skilled business coach. http://thecogentcoach.com BarbaraBullen submitted 4 hours ago

Source: http://www.360bookmarks.com/technology/setting-up-a-small-business-marketing-program-strategic-program-and-organization-with-the-help-of-a-business-coach/

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The Human Factor in Customer Service Design | Accounting and ...

February 1, 2012 ? 12:22 PM

Please pay attention to good customer service?.it makes a huge difference in whether your customer will ever come back to buy from you?.? even when the customer has been a loyal customer for many years.

Let me give you an example?..? I ordered 3?items from a large?office supply retailer I have used for years.? Prior to this incident,?I ordered supplies and they were always?delivered the next day??great service and I?continued to?buy from?them.?? However, this time the order was split into 2 orders (coming from different sources was the reason given).? The order arrived via?UPS in 2 boxes, and the delivery was?missing?1 of the items I ordered.? I immediately called the retailer to find out if there was a third box?still in transit with the missing item?.the answer was no.

Beginning with this first?call to the?retailer?s customer service?in an attempt to?fix the problem of a missing item?is when the real fun?began?? first, retailer has apparently manned their customer service department with staff whose first language is NOT English and whom are barely intelligible??..then?second,?equipped the?barely intelligible?staff?with communication/headsets that sound as though they are?but?one step above tin cans and a string.????So far, over the course of 2+ weeks and 7 phone calls, I discovered that?apparently all of their?customer service staff? is barely intelligible and are?using substandard communication equipment.???So far, I?requested a credit for the missing item, re-ordered?the?missing item, retailer issued credit for item received and not for item missing, a corrected credit for missing item?finally issued, first wrong credit for item received was?not removed, missing item finally?turned up in a battered box 2 weeks later, retailer posts?a duplicate charge for the?re-ordered item?..? So far, my credit card has no less than 11 lines posted from this retailer on this ONE order of 3 items?. split order charges, reorder charges,?wrong credits, right credits?and even 5 lines that are for zero amounts. ????BTW? my issue still is not resolved after the 2+ weeks of trying, and has now grown to trying to?fix their bad?fixes.

Bottom line?..even?though I have happily?used this retailer for years, I will think twice before using them again.????The big?question?..why would any business, small or big, ?put?barely intelligible?staff with poor equipment as their front line customer service????????

Excerpt??.Poor customer service isn?t a headache just for consumers; it?s a problem that vexes senior managers too.

Read full article?..via The human factor in service design ? McKinsey Quarterly ? Marketing & Sales ? Sales & Distribution.

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Source: http://bjconquest.com/2012/02/01/the-human-factor-in-customer-service-design/

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Company Men: The Best and Worst CIA Agents

Janson J. on 01-31-2012 01:31 PM

Actually there are a lot of fun shout-outs here. "Men Who Stare at Goats" (although I don't remember anyone being CIA), "Confessions of a Dangerous Mind", "Spies Like Us", Falk's "In-Laws" (Mike Douglas couldn't really compare), and "Black Dynamite" uncovering the little known Nixon-Malt Liquor conspiracy.

Source: http://www.rottentomatoes.com/m/1924399/news/1924399/

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Aussie mom clueless about US murder victim's ashes (AP)

SYDNEY ? The Australian mother of a 10-year-old disabled girl who was murdered by her American stepmother in North Carolina said Tuesday she has no idea what became of her daughter's ashes since the child's father brought them to Australia.

Attorney Shell Pearce said Monday that his client, Adam Baker, left the United States roughly two weeks ago at the behest of U.S. federal immigration officials, bringing the remains of his daughter, Zahra, with him for burial in Australia.

However, Vincent Picard, a spokesman for U.S. Immigration and Customs Enforcement, said in an email Monday that Baker had "voluntarily departed" the U.S., which Pearce disputed.

Australia's Department of Foreign Affairs and Trade said in a statement Tuesday that "Mr. Baker was deported from the United States to Australia in January." The department provided no other details.

Zahra's biological mother Emily Dietrich said her daughter's remains might have been buried in Australia without her knowledge.

"I don't have her remains and I don't even know if she's been buried at this point," Dietrich told Seven Network television.

Dietrich, from the rural town of Wagga Wagga in New South Wales state, last saw Zahra as a baby. Dietrich had been suffering postnatal depression and gave custody of her newborn to the father.

Dietrich rejected the prospect of dividing the ashes with Adam Baker.

"The way that her murder was carried out, splitting her ashes just seemed so tasteless," Dietrich said. "She's already in pieces."

Police concluded that Zahra was dismembered after dying of causes that are still undetermined.

Dietrich was in North Carolina court in September last year to see Zahra's stepmother Elisa Baker sentenced to 18 years in prison after pleading guilty to second-degree murder in Zahra's death.

Adam Baker moved to North Carolina in 2008 after marrying Elisa, whom he met online.

In October 2010, Baker and his wife reported that Zahra, who had a prosthetic leg and hearing aids after a battle with cancer, was missing from their home in Hickory. The story that Zahra had been kidnapped quickly fell apart, and Elisa Baker was jailed on a charge of interfering with a police investigation.

Police eventually found some of Zahra's remains, although they never located her head.

Pearce said he didn't want to reveal Baker's exact location in Australia.

Baker was facing misdemeanor charges in the United States which were unrelated to his daughter's death. Picard said local authorities knew of the plans for him to return to Australia before the cases were resolved.

"Local authorities were notified of Mr. Baker's return plans at least 48 hours prior to his departure and indicated that they had no interest in pursuing his case," Picard wrote.

Source: http://us.rd.yahoo.com/dailynews/rss/oceania/*http%3A//news.yahoo.com/s/ap/20120131/ap_on_re_as/as_australia_us_disabled_girl_killed

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