How to Probate a Will – 13 Tips on Selling Inherited Property

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Selling inherited property & how to probate a will can be a pain, if you are not familiar with the steps involved in the probate process can be a pain that you do not wish to keep can be a pain if you do not understand the probate process or how to probate a will.

What Is Probate

Probate is the practice of transferring legal title to estate from someone who has passed away to that individual’s heirs or beneficiaries. The steps are managed by the legal system and can consist of paying taxes or debts that are outstanding, confirming the assets, determining if the will is valid, and settling conflicts about who will be receiving and disputes over who’s inheriting and allocating the possessions.

The official term for this course of action is testate proceedings. Take the probate process as guidelines of the proper reassignment of a dwelling.

How To Probate A Will In 7 Easy Steps

1) You’ll have to locate the will. You may find this to be a simple task or extremely difficult. The will can be any where as in folder in the bureau, a desk drawer, security box at the bank, attorney’s file in his office, secret wall home safe, a close old friends house.

2) If you are not sure if there is property involved you must find out if the person who died owned real property which is anything that is part of the ground like a house or even the land. Anything else is that is not real property is just personal property.

3) Investigate where your state probates wills. This will differ from state to state but some states have probate courts while others don’t. If you find out there’s a probate court, pay them a visit for more info. A certain percentage of states use the Circuit Court.

4) Research thoroughly the assets by the deceased individual. Immediately make arrangement to get all mail forwarded to your home so you can find out about any mortgage loans outstanding, personal vehicle payments, retirement updates and other crucial paper work. Have the mail redirected to your house so you are alerted to mortgages, car payments, retirement updates, and other important documents.

5) If the deceased individual did not specify an executor to his attorney, request the appointment of administrator. The individual who has legal responsibility to the deceased assets is the executor or administrator.

6) Call the Probate Court or Circuit Court & make an appointment in the correct location. Make sure you get together everything you have to bring the court, take the assets list and estimated values, the will and deceased death.

7) Research where to get free legal advice like from clerk at the courthouse, or a probate attorney for fee

Alerting creditors and the public

In some states, they require the personal representative to place a death notice in the newspapers. This announcement notifies the public of the decreased probated property. It gives the opportunity for others such as creditors who are interested in your estate to submit a claim. As a result, the nature of this real estate transaction becomes public record for anyone to research.

Taking Inventorying of the property

There must be a real and personal inventory taken of the property so the value can be estimated. This is required for the following reasons:

* To cover debts and distributions to beneficiaries: the residence didn’t meet the monetary obligation of the creditors and the property goes to the beneficiaries, an abatement statute occur. This means that one or more beneficiaries can get limited financial gain or none at all

* To guarantee that all property is accounted for. The personal representative is responsible for gathering and inventory the property’s assets to ensure that it’s available for dispensing at the final stages of the probate process. If the property is misplaced or not in the ownership status of the deceased at the time of their death, a redemption statute can occur. This statute can decide if assets or cash can substitute missing property belonging to the beneficiary.

How To Probate A Will

Depending in what state you live in, the process is similar, however call the probate court and start there to get familiar with your own state rules and steps to follow to be sure you are following their rules. Before this process begins, the death certificate for the deceased must be obtained. There are time restrictions on procedures which is a challenge for those with demanding lives.

If the paperwork is submitted late, there are penalties causing delays. There’s a particular order of precedence when giving the letters of administration which is as follows: the surviving spouse, children, grandchildren, father or mother of the deceased, brother or sisters and the rest who qualify.

The petitions have to be updated particularly on who’s allowed to make them in order to obtain appointment for administration. Anyone who’s attracted in the property of an individual without a valid will (intestate) or of a person claiming to be departed may petition to the court. To begin the probate proceedings, the required documentation is a must.

A misplaced or damaged will is allowed to probate if it’s proven that same will was not cancelled, the implementation of it is verified by the court, and its’ requirements are confirmed by two trustworthy witnesses.

13 Steps To Selling Inherited Property

1. The initial step is to have the property in your name.

2. If the home is in the trust, the trustee must be contacted to transfer the title.

3. If the property isn’t in the trust, a visit to probate court is required to have this done.

4. Depending on the state, land must be sent through probate.

5. Probate Letters or Letters of Administration are needed in order for the property to be in someone’s name.

6. If a home is going through probate, it takes a few months unless someone challenges it.

7. The court’s approval is required to transfer the title from the deceased to the heir.

8. The home must be appraised and inspected professionals to assess its’ value before being sold. You have to think of selling a home as if you’re going to a job interview, appearance is key.

9. The interior and exterior of the home has to be modified such as painting, upgrading the kitchen and bath which are the two focal points of the sale.

10. Hire a real estate representative to promote your home in newspapers, websites, and other outlets.

11. Buyers are visual so by taking photos highlighting the inside and outside of your home is ideal. Once a buyer is located and the offer is presented, review it with your realtor before making any final decisions.

12. When the final offer is accepted, the buyer will conduct their own inspection and appraisal. The buyer may request to have other things fixed.

13. The last step is to sign the titles, escrow documents, and wait for the closing date.

Insider Secret Owner Financing Strategies That Will Sell Your House Fast

If you do not know anything about seller financing, you are missing out on a very powerful tool that can help sell your fast super fast.

4 Ways You Benefit With Owner Financing

You and the buyer are in control and can set your own terms for the sale

You cut out the banks and realtors and save money on the fees

You can sell the house very fast if you decide to use this strategy

You’re the bank – sell it to buyers whom have the money and great work history but banks rejected them for a home loan

Warning:

If you do not research these insider secret owner financing strategies – and you’re interested in selling your inherited property, these insider strategies can definitely help you sell fast if you run into a problem and can t sell your house!!!

“If you wish to avoid a costly mistake, not get caught without a backup plan in case you can t sell your house, educate your self about these owner financing insider secrets… the experts don’t want you to know about!”

Taxes On Inherited Property

There may be a deduction of federal, state and/or local taxes from the estate depending on the state. In addition there’s the inheritance tax and estate tax which have different definitions. Inheritance taxes placed when there’s a transfer of possessions received before it’s given out.

The amount depends on the affiliation between the deceased and the offspring. Estate taxis applicable on how much the property is worth when the individual passes. Some states may have one, one of the other or both.

In the case of the sold inherited home, there’s a possibility of paying a capital gains tax on the differentiation between the remaining from the sale and the basis. The basis is the purchase price plus upgrades minus depreciation. Presently, the federal capital-gains tax is 15%.

The handling of the estate is a complex state of affairs. It’s important to have a lawyer manage this matter to ensure the property is distributed without any hindrance. Understanding all the rules and regulations independently can be overwhelming to someone who’s inheriting property from a loved one who passed away.

How to probate a will & selling inherited property does not have to be difficult, the information you have just read should help you get through the probate process easier and less confusion. Just make sure you look into what the probate procedures and rules are for your given state.

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Source by Edwin Rosario

Real Estate Agent Goals – Key Goals for Real Estate Beginners

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When you first start out as a real estate agent it is important to set yourself some goals so that you have something to shoot towards while you work. Of course, expecting to sell every property under the sun is a tad unrealistic, so you need to ensure that the goals you set yourself are achievable, while still providing a good challenge for you to dig your teeth into.

Your key goals should be based around selling properties and trying to achieve higher rates with each sale. Let’s take a look at some good goals to start with, which will provide you with a foundation to build on.

Five Properties In A Year

When you first start out you won’t have the advantage that experience brings in terms of reputation, which means you will find your client list to be fairly small. Furthermore, if you work as part of an agency, you are going to find that you get stuck with some of the less desirable properties, while the best go to the people who have proven themselves in the industry.

This doesn’t mean that you should get discouraged and fail to put the work in. Set yourself a target of selling five properties entirely by yourself during the course of your first year. Take the time to identify strengths and weaknesses of each property you work with and experiment with ways to turn this to your advantage and attract buyer attention. With that base, you can then increase the goal by a few properties every year, until people start to take notice.

Go For The Average

Through your research you should be able to discover the average price that a property like the one you are dealing with sells at. This should be your target in your early years. Many novice real estate agents panic when they sell a property at slightly below market value, but this is to be expected when you are first starting out.

The important thing is that you take the experience from these early sales and apply it to your newer ones. Your goal should be to reach the average selling price within two years, to demonstrate that you are learning and your experiences are showing you what it is that customers want from a house.

Understand What You Want

The real estate industry can take up your entire life if you are not careful, so it is important to understand exactly what it is that you want from the industry and construct your goals around that. For many people, this means earning a certain amount of money. If that sounds like you, set out a long-term plan with milestones for each year, with the goal being to earn the amount of money you set out to earn for that year.

Others may wish to ensure they maintain a proper work and life balance, and must set their goals accordingly. Simply put, you should know what you want before you set any goals for yourself.

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Source by Bill Len

Real Estate Agent Couldn’t Sell Your Home? Call In The Cavalry!

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Not all Real Estate Agents are created equal

If you’re like most homeowners needing or wanting to sell their house, you may have already experienced the effects of an un-qualified Real Estate agent. Like a good tattoo artist, not all agents are created equal, and should be vetted before signing over %6+ of your equity. Not doing your homework could lead to a bad tattoo, (I heart mom, anyone?) or to a home-on-market for a year without selling.

A good agent is like a good wholesaler…

If the real estate agent does not ask you for the reason you are selling your house, your red flags should start going up. You see, it’s hard to come up with a good strategy to sell your home quickly not knowing all the details. For instance, the agent might not know that you need to sell your house fast. Maybe you’re going into foreclosure due to a job loss, or perhaps you are going through a divorce? Most agents just want the listing. These listing collectors are not doing the home owner any favors by not digging into the problem and strategizing a solution to fit that sellers circumstances. Granted it’s not a Real Estates agents job to sell creatively, but a good one should provide an honest idea if the home can be sold conventionally and still meet the sellers criteria for solving the “why”.

Agents don’t set the price, the Market does…

Many homeowners will rely on the word of the agent to analyze the home and come up with a good figure to sell it for. A good agent is invaluable in this regard. A bad agent can sabotage your home-sell over what I like to call “perceived value,”. This ties back to knowing circumstances. Perhaps sitting on market waiting for that one buyer to give you the 20% above market price is something that won’t affect the homeowner? If holding cost is no issue, hold on to the home until it fetches that inflated price. If you need to sell your home quickly, calculating a reasonable price is essential. If you absolutely need to sell the home at an inflated price, it’s time to look at terms!

The wholesalers tool bag…

Knowing the homeowners reason for selling is the wholesaler’s first tool. It’s essential to listen, the devils in the detail. A good wholesaler and real estate agent will know the market and can offer a good idea of how fast the house can sell at any particular cash price. When selling your home for cash does not work with the details of the sellers situation, terms are powerful tools to sell the home quickly. A wholesalers full-time job is to network with investors, and can provide solutions based on the problem with real estate terms available in your state. Lease options, and selling the home under a wrap come to mind.

Keep in mind that a real estate agent is trained to sell a home under conventional means. It’s my belief that if the agent is knowledgeable in creative real estate deal structures, it would go a long way in exploring options and getting the home sold. Wholesalers are well versed in creative financing but keep in mind that like anything else, there are good wholesalers and bad ones.

There’s no excuse for not educating yourself!

I’ll keep this one short. You have many ways of gathering good information with phones and computers. There really is no reason not to do your own homework, both on deal structure, and the State Law!

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Source by Glenn C. Elliott

Don’t Pay Six Percent Commission

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Recently the State of Colorado made some rulings that will most likely do away with the FSBO Flat Fee entry only MLS listing services. Other states may follow suit. This appears to be an attempt to return to the old rigid six percent MLS listing model, a more traditional approach, where the six percent is usually divided with three percent going to the Listing Broker and three percent to the Buyer Broker.

Flat Fee Services offers the seller tremendous savings and come in a variety of packages. A Flat Fee 4 phase Essential Only listing could really save you some money. You pay as you need the service and only for the basics, no frills.

There has always been a segment of Realtors who clung to charging six percent and another segment of Brokers who tried to give the consumer a fair service for a fair price.

So What will the Ruling mean to you? Could be you’ll pay exorbitant commissions to get your property in MLS.

The alternative is to find Brokers in your area who are doing something like what we’re doing with 4 phase Essential Flat Fee listings. See if you can negotiate a 4 phase Essential Only listing. What’s that?

There really are only four Essential phases of a real estate transaction:

1. List with Multiple listing service

2. Have a Broker write and/or review your contract and counter offers

3. Have a Broker act as a transaction coordinator and follow all the myriad details, dates and deadlines of closing to ensure contract obligations are met.

The Broker will keep you informed on contractual obligations and write amendments to the contract as needed.

4. Have the Broker oversee the details of closing.

The Broker is usually paid a success fee at closing. That’s it. In a nut shell, that’s what’s involved in selling Real Estate.

These 4 phases are the components of a real estate deal. If you paid for each service separately and paid a Flat Fee rather than a percentage of the sales price you would save a ton of money.

Generally you’ll also get listed on:

• The Broker’s website

• Realtor.com

• Hub sites

• Various publication

There’s a lot of other stuff involved in the sale of a property but it is not part of the Essential 4 phases.

There are additional tasks such as:

• Setting Showings

• Signs

• Lock boxes

• Flyers

• Open houses

The Seller can take on more responsibility and handle some or all of these tasks. None of these tasks require a license. Are these five tasks worth three percent? On a $200,000 dollar sale that’s $6,000 dollars. If you could pay a Flat Fee for each of the 4 essential phases and pay separately as you needed the service, you’d save thousands of dollars.

So I’m suggesting you find a Broker, in your area, who is willing to negotiate and break away from the traditional six percent listing.

Where do you find Brokers who are willing to do some sort an Alternative listing?

Look at advertising online and yellow pages for Flat Fee, discount, FSBO, pay less Brokers in your area. Call the local Multiple Listing Service and ask who provides alternative services. You can find someone who is willing to work with you Essential four phase Flat Fee listing is the approach my company is taking to meet the requirements of a restrictive state law. We will continue to offer considerable savings.

SUMMARY

Let me summarize and reiterate… You do not have to pay six percent to get a home sold through the MLS. So why would you?

If you, as the seller, are willing to take on more responsibility for the marketing of your property then take the 4 Phase Essential listing ideas to some Brokers, in your area, and negotiate a deal that’s a Win-Win for both of you.

I would not be surprised to see some antitrust and restraint of trade lawsuits come from these ruling that attempt to stymie Broker creativity in their offerings.

Copyright © Wee Dilts 2010

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Source by Wee Dilts

Do Flat Fee MLS Listings Work?

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The answer is yes but there are plenty of things a FSBO seller with an MLS listing can do to get their flat fee listing noticed by Realtors® and buyers.

Price is the foremost concern for any flat fee MLS listed seller. Below are my top 5 ways to sell flat fee in the MLS and have more success:

1) Forget about the 2005 bubble spike in prices when setting a listing price in a buyer’s market. Where the market has been has no bearing on where it is today. Unfortunately, many homes bought during 2004-2006 are currently in a negative equity position and you might consider a short sale. For those sellers who are not underwater, price your property to the buyers.

2) Use my cash test to set your price when listing flat fee. The cash test uses the advertising concept called ADMA. Attention, Desire, Memory and Action. If you want to get someone’s attention, advertise a price that creates action. Selling a home flat fee is not any different than selling a car. Once buyers are in your home, maybe one spouse will become attached and convince the other that your home is perfect (desire & memory). My cash test is: advertise your FSBO-MLS home for the price that you would sell to a cash buyer. Of course add in your buyer’s agent commission and closings costs.

3) Don’t leave room for negotiations when listing flat fee in the MLS. In 2 above, I didn’t discuss leaving any room for negotiations because the goal is to get offers. Negotiate possibly 1% off your MLS listed price. This will surprise the buyers and the Realtors® but that’s OK. Let them figure out whether or not your flat fee MLS listing is a good value.

4) Consider offering a higher buyer’s agent commission. Normally, flat fee sellers and full-service agents co-broke (share commissions) with buyer’s agents® at 3%. Be different and offer 4%. Your flat fee listing will stand out. To advertise this higher than normal buyer’s agent commission, consider using a flat fee MLS Realtor® eblast program.

5) Lastly, negotiate well. Flat fee sellers typically represent themselves. This is good and bad. The good part is you keep control and save about 3% in commissions. The bad part reminds me of the adage “a lawyer that represents himself has a fool for a client” and can also be applied to for sale by owner sellers. Most flat fee MLS listed sellers are not qualified to negotiate a sales contract, deal with contract repair limits and other contract matters. Often, unrepresented sellers leave money on the table by either negotiating too much or by being too generous when negotiating issues found on an inspection report. A skilled broker or agent would likely do better for the seller. Find a flat fee MLS program that addresses this concern.

Flat fee MLS works if you pay attention to details. The flat fee listing service that you list with can greatly affect your success. Self represented FSBO sellers often leave too much money on the table when negotiating. Pricing your home as if you’re negotiating with a cash buyer can be a key in getting more showings and more offers.

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Source by Keith Gordon

Sell Your Property FAST – With an Owner-Financed Mortgage Note

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It is very well-known that Owner Financing sells properties fast, especially in cases where properties or prospective Buyers do not conform to traditional lending/mortgage requirements. The Seller offers to hold the mortgage note (owner-financed mortgage) and receive the monthly payments from the Buyer as a bank would.

The problem with this approach has been that Sellers sometimes don’t want to collect small monthly payments, but instead want to cash out shortly after closing to buy another property, or for many other reasons. The benefits of owner financing are many, but sometimes these are not enough to help close a deal.

Basically, this is how an owner-Financed real estate mortgage note works:

1. The Seller sets the sale price to exactly the appraised value and advertises “Owner Will Finance… No Bank Qualifying!”

Interested Buyers go through a pre-qualification process to determine the best prospect.

2. The Seller and Buyer agree on the structure and terms of the note to be created (note buyer may provide some suggestions) and sign a Real Estate Purchase Contract.

3. At closing the Seller creates a 1st mortgage and soon after sells/assigns the mortgage note to the note buyer.

4. The Seller receives the Buyer’s down payment plus the proceeds from the sale of the note. In a Seller-Financed note purchase the note buyer normally covers all closing costs and the cost for his own property evaluation.

Example:

Let’s say the Seller owns a property that has been appraised at $100,000, but because it’s not a conforming lot, he is having problems getting qualified buyers. Buyers don’t seem to commit to the purchase and the ones that do, don’t get their mortgage approved by the Bank.

The Seller has the house advertised at $90,000, expecting to get $80,000-$85,000 after incentives and costs have been paid out. But not even this price is attracting real buyers.

This is where a note buyer can step in. The Seller would be advised to create a $90,000 note, the rest ($10,000) would be the down payment. The interest may be 8%, term 360 months, paying $660.39 monthly (Principal + Interest).

The note buyer would buy this note for approximately $80,000 cash shortly after the real estate closing. To this add the down payment, and the seller gets $91,000 total (minus closing costs for the real estate transaction).

Shortly after the real estate closing and after the new note is recorded, the note buyer makes the purchase of the note and the Seller gets his money. A perfect example of how an Owner-Financed mortgage makes a real estate sale possible. And there are no hidden fees or costs other than the regular real estate closing costs that have to be paid anyway. The Note buyer generally covers all closing costs for the note purchase.

This approach attracts a good number of buyers and in a few days, the Seller can have his cash in hand.

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Source by Phyllis Espinoza

Realtor Safety and Victim Avoidance For the "Vulnerable Realtor"

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Why is it that the National Association of Realtors feels the need for a National Safety Week for it’s members?

Listen to the words of NAR president, Charles McMillan:

“Knowledge. Awareness. Empowerment. These are the core components of REALTOR® Safety. And helping our members understand the risks they face can mean the difference between life and death.

REALTOR® Safety Week is a great time to remind all of us to know the dangers we face every day, to be aware of our surroundings, and empower ourselves with precautions and preparations so that we can avoid risky situations. I am asking Associations and brokers to make this a year-round commitment.”

Just a few short years ago the average Realtor would not have equated his or her job with other dangerous professions. That connection is quickly changing and only getting worse.

Consider the recent facts that lead to new hazardous situations.

Our economy has been in the worst downturn since the Great Depression. Many homes are being foreclosed on and the worst, according to economists, may not be over. In a time when many have their entire net worth wrapped up in a home that is now upside down in value versus the amount owed people are getting desperate. This can play out in a number of scenarios, none of which are good for the Realtor. See if a couple of these don’t resonate with you.

  • The new listing is anxious to sell. The bank is breathing down their neck for payments past due and money is tight. So along comes an offer that, for this time and market, is typical – way below the amount owed and further below the asking price. As the listing agent you of course have to present the offer to the seller which you know it is going to be rejected. What you do not realize is that tensions are high within the household and you’re walking up at a particularly bad time. As you present the offer all of the financial troubles seem to come rushing out of the seller’s mouth like water over Niagara Falls and you suddenly have a sick feeling that this situation is not good. What could happen?

Another familiar scene in today’s market:

  • A seemingly exuberant client called late last night wanting to see an abandoned home first thing in the morning – “Before I have to be at work”, he said. He had driven by it and noticed your sign, liked the curb appeal and felt this house was perfect for him and his family. Normally you would schedule an appointment at the office for some preliminary questions, a little relationship building and to see if the potential buyer was on the up and up – all the things a safety conscious realtor should do. But after a few minutes of begging and pleading you agree to meet him there at 7:00 am. Of course you play out the typical “good agent” duties. You enter the home first, turn on the lights and set the stage for hopefully a good showing. Five minutes later, however, a pickup truck pulls up with not one but three men. A red flag goes up in your mind: “This is not good.”

What is common to each of these depictions?

Besides the fact that the economy is setting both of these stages all too often any more, that tensions are running high for desperate home owners and the well known fact that as the economy worsens “low-lifers” take the low road – potentially setting you up for disaster – the common element was the gut feeling the agent had just before things turned sour.

We recently published a report on the hazards of being a Realtor, which included some of the things Realtors can do personally and together as an office to protect one another. In many of the web sites and blogs frequented by Realtors lately two more steps are stressed:

  1. It pays to take steps to protect yourself, including the use of cell phones, plans of action and carrying personal defense items such as mace, stun guns and the like.
  2. Go with your gut feeling! Don’t consider yourself paranoid or worrying needlessly regarding your safety – especially in situations when you get a sick sense that something is wrong. Remember the old adage: If it looks like a duck, quacks like a duck and waddles like a duck it probably is a duck. If a situation looks bad, feels bad and gives you a sick sense you probably are in a situation you need to excuse yourself from.

At those times it is comforting to know that you have taken steps to assure your safety.

  • Does someone in your office know of your whereabouts?
  • Do you let “buyers” enter a room before you so that the door is always close?
  • Do you carry essential elements of personal protection?

It is not paranoid to take steps to be safe. The rising crime risk makes your job as a Realtor all the more precarious, now more than ever before.

Rising stress levels and an increase in showing foreclosed properties because of the economy are putting you at an ever increasing risk – not to mention those that purposefully put you in situations because they think Realtors are an easy target.

Being prepared is the best personal defense – so you can escape to sell another day!

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Makler Heidelberg

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Source by Stu Ross

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