BILL CHERRY'S GREATEST DALLAS PARK CITIES REAL ESTATE BLOG

Seller-financing licensing exemption reinstated  

Great news for sellers who finance in Texas: Texas Department of Savings & Mortgage Lending Commissioner Doug Foster has issued a notice that allows the continuation of the de minimis exemption until further action is taken by the Legislature. This exemption, which was briefly repealed by the federal SAFE Act, means that a seller can once again finance up to five properties in a 12-month period without being licensed as a residential mortgage loan originator. The Texas Association of REALTORS® worked closely with the agency in its efforts to continue to allow the exemption to apply in Texas.

The de minimis exemption has not yet been recodified, but the Texas Association of REALTORS® will continue to work during the next legislative session to see that it is reinstated in statute. 

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

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Dr. LEON BREEDEN
1921 - 2010
View Funeral Service

Monday, August 16, 2001, almost fifty-one years to the day from when Dr. Leon Breeden was hired by North Texas State College as its professor of jazz music, several hundred gathered at the Denton Bible Church in Denton, Texas to celebrate his life.  Dr. Breeden passed away on August 11th just two months shy of his 89th birthday.

For the many thousands who Dr. Breeden taught, and the tens of thousands who heard his famous University of North Texas One O'clock Lab Band, as it performed throughout the U.S. and many foreign countries, I asked his close friend and colleague, James Riggs, if he would let me publish the eulogy he delivered.

Here are Jim's thoughts:

On this day celebrating Leon Breeden's life, I am deeply honored to be the spokesperson for thousands of Leon Breeden's former students.

As we all know, under Dr. Breeden's guidance, the University of North Texas Jazz Division rose to prominence as an unquestioned leader in university jazz programs with the One O'Clock Lab Band being its centerpiece. Not only was Dr. Breeden a music pioneer who brought respectability to jazz studies, he was also an outstanding teacher combining strict teaching of the fundamentals of jazz, with an open encouragement for original jazz composing and arranging.

Dr. Breeden has been a mentor, colleague and close friend of mine.  I would not be standing here today, if it were not for Leon Breeden.      

Every UNT jazz student (and there were thousands) contributed to make the legend of Leon Breeden and the legend of the internationally famous One O'Clock Lab Band.  As new students we wanted to be a part of it and had to convince our parents why we wanted to move to the remote cowboy country of Denton, Texas. 

Every UNT jazz student (whether they were in the One O'clock Band or not) actually played a part in the "Legend of Leon Breeden".  He was compassionate man whose compassion included all people, all UNT students.  For instance, Dr. Breeden gave important One O'Clock jobs to individuals specifically notin the One O'Clock Band so that they could be a part of the One O'Clock dream.

Dr. Breeden planted a seed in each of us to venture forth into the world utilizing the inspiration and spirit of jazz music.  As a young man, Leon himself had been inspired by the beautiful music emanating from Benny Goodman's clarinet bell....(and then, there were all those professional big bands).

It turns out that music is simply the human spirit reacting naturally to the miracle of the overtone series and (OK, Ed Soph) the element of rhythm and there you have it, jazz. The spirit is in all of us.  Music is a beautiful miracle, a wonder that is given to us as part of life itself and the axioms of the solar system.  

For musicians the spirit emulates deep down in the pit of our stomachs and it begins with a seed planted by other musicians demonstrating their love of the music.  Leon Breeden was the teacher that planted seeds in all of his students, all of us.  I am very pleased to have been one of them.

Leon Breeden earned two Doctorate degrees, an honorary "Doctor of Letters" from Texas Christian University in 2001, and in 2009 from the University of North Texas.

Dr. Breeden spent most of the 1950s as a high school band director at Grand Prairie High School.  Grand Prairie School District named their recent new Music Building the "Leon Breeden Music Hall".  Dr. Breeden was very pleased at being presented this honor.

Dr. Breeden was an unusual man who stuck by his guns and realized his dreams and challenges from day to day. 

Congratulations Dr. Leon Breeden for your many great lifetime achievements, you had a great run.

We will now close with the tribute band performed by Leon Breeden's former students; Chris McGuire, saxophone and clarinet, Jim Riggs, saxophone, Mike Steinel, trumpet, Rodney Booth, trumpet, Dan Haerle, piano, Ed Soph, drumset and Lynn Seaton, bass.  

James Riggs
Regents Professor Emeritus
University of North Texas
Denton, Texas. 

BILL CHERRY, REALTORS
DALLAS - PARK CITIES
Our 45th Year
214 503-8563

WEB

LA PARRILLADA
7660 Gaston Avenue
Dallas

214 327-5513

No Cover, No Minimum

While most of Dallas' Beautiful People are eating and partying in the expensive restaurants and bars throughout Uptown and the West End --not to forget Cedar Springs -- on Saturday nights, some of the finest music is being played at a small Mexican cafe on Gaston Avenue near the Spillway.

The marque says "Live Music Sat."  And while my quirky sense of humor wishes that were the name of the group that plays there, I realize that's not the case.  And if the group actually has a business name, it's not revealed anywhere inside.

Rosalinda de Leon is the keyboard artist.  She spent forty years on the road accompanying and leading the orchestras for some of the biggest entertainers in the business.  Her pedigree is even spectacular:  University of North Texas degree in music and graduate degree from The Julliard.

Two brothers - Daniel and Lico Cisneros - easily show strong music education as well. 

Lico is the leader and the bass guitarist.  Daniel plays drums.  Both of them sing individually and as a duet.

Daniel Cisneros

The bill of fare would be most likely described as Latin Jazz.  Gee wiz they're good.  From Antonio Carlos Jobim's many bassa novas to the standard jazz tunes like "On Green Dolphin Street."

Let's talk about the menu.  All of the food here is fresh and made there.  None of this commissary stuff.  In fact there is one hot appetizer, casserole style, that contains Mexican sausage.  Our table of eight, a couple of Saturdays ago, noted that it came close to one of the best things we'd ever eaten, anywhere.

There is also a full bar.

Lico Cisneros

Try La Parrillada.  This is one of Dallas' least known treasures.

BILL CHERRY,

REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

4524 BELCLAIRE
Highland Park

Sunday Open House 2-4
August 15, 2010

The custom mantel and surround of the family room fire place plus the series of French doors leading to the rear garden blend the ambiance of nature and comfort.

You can see how spacious the dining room is, easily accomodates a nice size formal dinner gathering.  To your right is the foyer and living room.

Homeowners in Highland Park frequently have gatherings for a large number of guests.  The kitchens must have large prep areas as well as the cooking tools the caterer will need.

Here we have the big Wolf commercial range, along with large built-in side by side refrigerator-freezer, two dishwashers, warming drawer, butlers pantry, and superior counter space.

The master suite is very special.  In addition to the spacious room, the master bath has everything imaginable, and just to the right of the three sets of windows in this photograph, there is a door to the private balcony.  Perfect for morning coffee as you're in attendance for the Bird Symphony.

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

LEON BREEDEN
1922 - 2010

Arguably the most noted jazz music educator that a U.S. college or university has ever had was Leon Breeden.

Dr. Breeden passed away from natural causes at Southwest Medical Center in Dallas about 3:30 PM on August 11, 2010.  He was 88-years old.

His funeral will be held on Monday afternoon, August 16, at 3:00 at the Denton Bible Church, 2300 East University Boulevard in Denton.

Those of you who have read my blogs and newspaper columns over the years know that Dr. Breeden and I were closed friends for more than fifty years, although I never studied under him and I doubt he ever heard me play the piano.

There are thousands of musicians, his former students, who are working today, many famous.  Their talents were jump started by Leon Breeden as they learned to play in his famous jazz bands, known by the time of day the classes met.  The most famous of the bands and the one that all students strived to join was the One O'clock Lab Band.

Dr. Breeden's bands recorded scores of LPs, cassette tapes and CDs throughout his twenty year tenure.  Several won Grammys. All of those recordings are available today.

The One O'clock Lab Band played at the White House for several presidents, and for the heads of state of foreign countries, and for large audiences throughout the U.S. and a good portion of the world.

One thing I have noticed over the years is how sparse the attendance is at the funerals of most educators.  It seems such a paradox.  The last time I went to one, it was for a high school math teacher; the best one at the school, and the one so many readily credited as very important to their personal education.  Other than I, I doubt there were ten other former students in attendance at her funeral.

My wife, a retired teacher and school counselor, says, "Well that's just the way it is."

I hope that will not be the case with the services for Dr. Leon Breeden this coming Monday.

 BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

Early yesterday morning, August 11, 2010, President and Mrs. Bush went to DFW Airport, the aiport that serves Dallas and Ft. Worth, to surprise and thank a plane load of front line military who had completed their tours and were returning to US soil.

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

My friend, Maureen Boyer Leedy, wrote me a note the other day.  I thought it was rather profound, so I asked her if she'd mind if I shared it with you. 

"Bill, I'm not sure who said it, but to paraphrase an intelligent man somewhere in time,'People come into our lives for a season, a reason or a lifetime. Once you know which it is, you'll know exactly what to do.'

I think the opposite sex strongly influences who we become from the day we are born.  We know the special ones by the way we pause and reflect a second or two when we hear a song or a familiar name or recall a favorite day.

And we are slow to release the ones that have made a difference. 

I fell in love with the way men think, talk, laugh and smell from the time I could walk.

I followed my father around as a small child observing the way he lit his pipe, talked with neighbors, drove his big DeSoto, treated everyone as a friend.  And I learned.

My favorite teachers were men. They encouraged my writing and artistic talents and laughed with me when I was developing my sense of dry humor.  I learned more.

I can't ride on a motorcyle..ever... without my favorite memory.  The memory of  being five years old and riding on the back of an Harley or Indian because a boy's father across the street simply asked if I'd like a ride, and it changed my life forever.

I am still learning.

I met the love of my life and married him because I loved motorcycles. He had three Harleys, now two, and that's because he gave me the third one, a beautiful copper Sportster, to match my hair.

I try to not just reflect on them and the times,  but to also stay in touch with the ones from my past who are thinking, breathing, living --growing up still. 

Like the little boys I shared a childhood with, the teenagers, now men with families of their own,  the first kiss, the high school crush, the summer romance, the best buddy in college, the favorite boss, and yes, even my ex-husband! 

No one that touches our life deeply is ever just passing through. We carry them with us like pebbles in our pocket.

They are blessings because each time we think of them, a smile appears. And like a time traveler ourselves, we return to the past, to those and to those memories we thought at the time we had to leave behind forever.

But, like those pebbles in our pocket, smooth stones worn with time...they are a comfort to touch.

A blessing to have found."

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

Before I begin, I need to let you know my bias.  I have never been a fan of specific date and time generated real estate agent Open Houses.  Nevertheless, in my many years in business I've given up many of my Saturday and Sunday afternoons hoping that my listing and a prospective buyer might find each other, when otherwise they wouldn't have.

Let me quantify that.  Since Patty and I have been living in Dallas for the past five years, I've held at least thirty Open Houses.  I've sold one house as a result, and that was to a fellow with a broker's license who insisted his purchase be a co-op sale.  Since he wasn't an active broker, he had chosen to not join an association of Realtors, consequently, he was not a member of the Dallas area MLS. 

Apparently he felt that going through Open Houses was the only way he'd find a home without the use of a Realtor buyer's agent.

As has been happening for about a year, more often than not the public Open Houses I've held in Highland Park, admittedly my listings priced at more than $1.5 million, have gotten no more than two or three lookers at each. 

Several times I've gotten none at all.

Last Sunday, about a half-hour before my Open House was to end, a couple rang the doorbell.  So far they were my only lookers, and it turned out they would be my last lookers.

They told me that they started their Open House home tour just before 2, the time that most Open Houses begin.  Here's what they had found:

• Several were not open when they got there.  They speculated that the agent had either decided to not open it at all, or had closed up and gone home when he/she wasn't satisfied with the traffic. 
  
• Several - and they were furnished and being lived in by owners - had been left open for any who came by to be able to tour without anyone there to accompany them.  In other words, the agent had unlocked the door, turned on the lights and left.

I'm not certain what the lessons are here, even if there are any, but it's certain that there were a substantial number of agents who had Open Houses in Highland Park last Sunday who felt no benefit would be gained.

As I have and always will, my listing was clean, neat, lights on and ready for visitors at 2 PM sharp.  I was fully dressed in coat and tie, and was there throughout the entire time to be able to personally greet and show off the home to any and all who may come.  And even though I went for an hour and a half without one visitor, nevertheless, I did not begin turning off the lights and closing up until the clock had struck 4 PM.

Our signs, mail-outs and ads had said that the house would be open for those two hours, and inferred that I would be there the entire time to show the home.  I was.

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

Some years back, I owned a good sized track of land with several hundred front feet on the road that vacationers take to access the many fine beach homes located on the west part of Galveston Island.

In recent years, it has been the location of my friend Willie Payne's Re/Max office, but back then I owned a second brokerage company in Galveston called Resort Realty.  Our offices were on the property.

We were doing well and mortgage and business start-up money were fairly easy to get, so I hired a Houston architect to design a strip center that would include our real estate office.  We'd rent the remainder to other businesses.

As is usually required, we gave the architect a retainer fee.  In this case, I think it was about $5,000.  The remainder would be due when he completed the plans.

When he delivered the work of his efforts, it was very obvious he hadn't taken into account the setback lines, the floodplain issues, and on top of that, the building was substantially too long for the land.

I refused to pay him.  He refused to redo the drawings and make them right.  We were at a standstill, so he decided to sue me for failure to pay.  The suit was filed in Harris County (Houston) where he officed.

By then, I had been in the courtroom a number of times, not being sued but as an expert witness for one client or another.  I decided I'd not retain counsel, I'd represent myself.  It's called "pro se." 

I decided that if I lost the case, I'd hire an attorney and appeal.  I just wanted to see if I could win a lawsuit that I thought should be a slam dunk for my side anyway.

The Harris County District Court was that of a female judge.  The attorney representing the architect was also a woman.  I wondered if this would have any bearing on the decision.

Nevertheless, I went on.  I filed my General Denial, wrote my First Answer, and I went forward with discovery.  Neither side took depositions.  I had one witness who was with Galveston's planning department who would testify that what was proposed could not be built.  The plaintiff's attorney had one witness, the architect.

On the day of the trial, about midway through, the architect's attorney asked to approach the bench.  She said, "Your honor, this man's an attorney...maybe not licensed in Texas...but he's a trained attorney.  He's testified that he's not. "

The judge asked me again, "Mr. Cherry, are you an attorney?  Have you ever attended law school?"  "No, your honor," I responded to both questions.

So the trial proceeded.  And the judge ruled in my favor.

The opposing attorney broke down in tears, grabbed her brief case, and ran out of the court doors, even before the judge had concluded the hearing and dismissed those present.  The judge apologized to me and to the others for counsel's behavior. (I believe the judge ordered the plaintiff's attorney to write the order for the court.)

For the record, I never took a chance like that again.  And my recommendation to all others, as they say on TV as the stunt driver does a double flip in the Ford F-150, "Unless you are a trained professional, don't try this at home."

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563

WEB

OPEN HOUSE, SUNDAY, AUGUST 8TH
2 PM to 4PM

3405 SAINT JOHNS
HIGHLAND PARK (DALLAS), TEXAS

$1,875,000
MLS 11322993

This is the perfect ocassion for those considering moving to Highland Park, Dallas' most prestiguous and sought after neighborhood, to see one of its most spectacular homes selling for under $2 Million.  Saint Johns is near the intersection of Mockingbird and Inwood, a few blocks from the campus of Southern Methodist University.

Complete details are on our web site.

BILL CHERRY, REALTORS

DALLAS - PARK CITIES

Our 45th Year

214 503-8563