Page 14 - Stuart Exposure - September '19

Page 14, Stuart Exposure

estate plaNNiNG

Put Down Your Cell Phone law enforcement officers have been authorized to stop law, the law enforcement officer must indicate the type of
motor vehicles and issue citations for texting while driving
handheld device used and that information is reported to
When Driving as a secondary offense, which means the driver could only the Division of Highway Safety and Motor Vehicles and
be charged if the driver had already been lawfully stopped reported to the governor and the Florida legislature.
By Carrie Lavargna, Esq. for another traffic offense. The officer is also required to inform the motor vehicle
Put down the cell phone This year the Florida legislature amended the Florida operator of his or her right to decline a search of the
while driving especially in Ban on Texting While Driving Law. The new law changes wireless device. A person’s consent for the officer to search
a school or work zone! enforcement of the texting ban to a primary offense, which his or her cell phone must be voluntary and unequivocal
Texting while driving will allow law enforcement to stop a vehicle solely for and cannot be obtained through coercion or any other
is among the worst of all texting while driving. improper method. The officer is not allowed to access the
driver distractions because As of Oct. 1 of this year, the new law also prohibits device without a warrant or to confiscate the device while
it involves manual, visual the use of a cell phone in a designated school crossing, or waiting for a warrant to be issued.
and cognitive distraction, in a school zone or work zone. This includes texting and The texting and handheld prohibition does not apply
according to a recent talking. to the use of a navigation device or to cellphone use in a
report from the National Using a handheld cell phone in violation of the law is stationary motor vehicle.
Highway Traffic Safety a moving violation and comes with three points assessed This is a good law. Stay off your handheld cell phones
Administration. The report found that sending or reading against the driver’s license. For the first violation a person while driving for safety and to avoid a citation.
a text message while driving takes the driver’s eyes off can elect to participate in a driving safety program geared This column is an overview of the subject matter and
the road for an average of five seconds, which at 55 mph towards wireless device driving safety. is not intended as legal advice. Carrie Lavargna is an
is like driving the length of a football field with one’s eyes The clerk of court is authorized to dismiss a case and attorney practicing law in Stuart at Lavargna Law, PLLC.
closed. reduce court costs for a first-time violator of the handheld She is board certified in real estate law by the Florida
In 2013, the Florida Ban on Texting While Driving Law prohibition if that person shows the clerk proof of purchase Supreme Court and recognized as an accredited estate
was enacted to improve roadway safety, prevent crashes of hands-free equipment. planner by the National Association of Estate Planning
related to texting and thereby reduce injuries. Since 2013, For using a handheld cell phone in violation of the Councils.
real estate

Treasure Coast Real Estate Do you think that the seller paying 3 percent to a the other properties in that neighborhood are offering

Report buyer’s agent might have an advantage over the one buyer’s agents. I also look at what recent sold or pending
paying 2.5 percent? Do you think that a buyer’s agent,
properties offered. That way the seller and I can determine
either consciously or unconsciously, might favor selling if we would be negotiating ourselves with a discounted
Selling? Consider Real Estate Commissions one property over another? commission, or if it should be no problem.
To Attract More Buyers Some experienced sellers recognize this reality. In If you need to find this information out, feel free to
By Jim Weix some cases, they even sweeten the deal for the buyer’s contact me.
When people list their agent by offering a bonus in addition to the 3 percent. Jim Weix is a Broker Associate with The Keyes
property, they know that This should be important to consider when listing Company. Jim has 23 years of experience selling real
it is going to be marketed your property. Although an agent offering a discount estate full time. If you have questions or want the services
to potential buyers. With might sound appealing, this could be putting you at a of an experienced expert, you can reach Jim at (772) 341-
that in mind, they and their disadvantage. 2941 or jimweix@jimweix.com.
agent present it in the best When listing a property, I typically look at what
way that they can. They
freshen things up, remove
clutter, use lots of pictures, Wealth ManageMent
include a virtual tour, and
focus on marketing to the
public. Managing Market Risk long period of time, they also carry greater risk. Bonds
But what about the marketing to the agents that are tend to be less volatile, but they do not have the same
representing those potential buyers? About 90 percent of Interest rates, political growth potential as stocks. Cash is generally immune
buyers use a REALTOR . Even with For Sale By Owner agendas, and other from market volatility, but its value may be eroded by
®
properties, most buyers prefer to use an agent to represent economic forces can lead inflation. Depending on your time horizon, goals, and risk
tolerance, some combination of these three asset classes
them. to market volatility. This is prudent.
volatility can stoke fears
It is no secret that with low inventory, you have more and motivate investors to
agents competing for fewer potential listings. The result make rash decisions that Diversification
has been that many listing agents are willing to discount ultimately jeopardize their Once you have determined an appropriate asset allocation,
their commission. That sounds good to sellers. However, it financial future. Although you must diversify your investments within each asset
class. For example, the funds allocated to stocks should
could be that a discounted commission is working against you cannot control the be spread across a variety of holdings. Diversification may
economic forces that drive
them. market volatility, you can help minimize the impact of volatility while providing for
With a typical listing contract, the seller agrees to pay control how you react more consistent returns over time.
a certain commission, let’s say 6 percent. Then the seller when volatility occurs. A
and agent agree that a certain amount of that will be paid well-designed financial Rebalancing
As diversified investments perform differently, your assets
should another agent procure the buyer. In most cases it game plan will incorporate may stray from the desired allocation. When the stock
certain strategies to help
will be 3 percent, or 50 percent of the total commission. defend against the pitfalls you may encounter when market is doing well, stocks may become over-represented
If the commission is 5 percent, then the “split” might be managing market risk. in your portfolio, introducing more risk than intended. In
2.5 percent. order to minimize your exposure to undesired risk, you
Perspective and Time Horizon should regularly rebalance your portfolio. Rebalancing
On January 3, 1993, the hometown crowd poured out of involves periodically buying or selling certain holdings
Answer for Rich Stadium in Buffalo, New York, after the visiting to maintain the desired asset allocation. This may have
team built a 32-point lead with 13:19 remaining in the tax consequences that you should discuss with your tax
Crossword Puzzle third quarter. Disgusted by the performance of the advisor.
hometown team, these fans lost perspective. There was
still nearly an entire half of football to be played, and the Dollar-Cost Averaging
hometown team featured one of the league’s most potent Dollar-cost averaging is a systematic and disciplined
offenses. By making a rash decision, these fans missed investment strategy that helps to reduce the impact of
the greatest comeback in professional football history. market fluctuations and the overall cost of investing. This
strategy requires you to invest a specific dollar amount
This cautionary tale demonstrates the importance of on a regular basis. The price of the desired holdings
perspective and time horizon. According to the Social will determine how many shares you are able to buy.
Security Administration, a man reaching age 65 today This disciplined approach to investing will discourage
can expect to live, on average, until age 84.3. A woman emotional decisions and help you continue to move the
reaching age 65 today can expect to live, on average, until chains toward your financial goals.
age 86.7. If history is any indicator, there are bound to
be countless market drops throughout this time horizon. Asset allocation, diversification, and dollar-cost averaging
Your financial game plan should help you withstand these do not ensure a profit or protection against loss.
short-term market shifts and remain focused on your
long-term financial goals. Article provided by Bob Sander, Senior Vice President/
Investments, with the Stuart branch of Stifel, who has
Asset Allocation attained the Certified Financial Planner™ (CFP®)
Asset allocation is the process of apportioning an designation and the Accredited Investment Fiduciary®
individual’s investment portfolio among different asset (AIF®) certification. He can be reached at (772)
classes, such as stocks, bonds, and cash. A well-designed 403-8305 or sanderb@stifel.com. Stifel, Nicolaus &
financial game plan bases its asset allocation on your time Company, Incorporated Member SIPC & NYSE.
horizon, goals, and risk tolerance. While stocks overall
are expected to generate the highest rate of return over a