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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 49 5) Document, when good faith efforts are not being made to sell the resources, whether circumstances beyond the individual's control are preventing such efforts. 20360.4 Documentation of Efforts to Sell Record the individual's or responsible party's allegations regarding ads, listings, consignments and other efforts to sell the resources. Obtain any supporting evidence the individual can provide (e.g.: copy of the listing agreement with the real estate agency in current use; dated advertisement(s) indicating the property is for sale; contracts with local media to advertise the property; a photograph of the "For Sale" sign on the property). If the individual cannot provide evidence which is necessary to establish that good faith efforts to sell the resources are being made, verify the allegation with the appropriate third party, i.e., lawyer, banker, real estate broker. For example, the lawyer may verify that the guardianship is still pending and that the property cannot be offered for sale until the guardian is appointed. It is not necessary to verify all allegations, only those necessary to establish that good faith efforts are being made. Verifying the duration of an ad, listing, or consignment at the outset will eliminate the need to verify its continuing existence at a subsequent follow-up contact. 20360.4.1 Reasonable Offer to Buy Assume that an offer to buy property at a particular price is reasonable if it is at least two-thirds of the estimated current market value (CMV) unless the owner proves otherwise (e.g., provides convincing evidence of a different CMV). 20360.4.2 Good Faith Efforts Good faith efforts to sell property consist of taking all necessary and reasonable steps to sell it in the geographic area covered by local radio, television, newspaper and other media serving the area where the person lives or, if different, where the property is located. 20360.4.3 Good Faith Efforts Not Being Made 1. Documentation of Reasons - If good faith efforts to sell the resources are not being made, record the individual's allegations as to why they are not being made. If the allegations indicate circumstances beyond the individual's control obtain any evidence the individual has to support the allegations. To the extent necessary to establish that circumstances beyond the individual's control are preventing good faith efforts to sell the resources, verify any allegations the individual cannot support with evidence. Use the telephone whenever possible. 2. Make a determination regarding, as applicable, whether to continue or terminate the disposal period. Terminate the disposal period unless evidence establishes both that the individual cannot pursue good faith efforts to sell the resources on his/her own and cannot make arrangements for someone else to sell the resources on his/her behalf. 20360.4.4 Illustrations of Good Cause Although other circumstances will arise which require careful judgment, the following situations illustrate the principle of good cause. 1. No Offer To Buy The individual makes good faith efforts throughout the disposal period to sell an excess non-liquid resource, or is prevented from doing so by circumstances beyond his or her control, and receives no offer to buy them. 2. Reliance On Offer That Does Not Result In Sale A legitimate or apparently legitimate offer to buy an excess non-liquid resource halts further efforts to sell it for a prolonged period of time, and the prospective buyer subsequently cannot or will not complete the purchase. 3. Escrow begins, but closing does not take place within disposal/exclusion period The individual accepts an offer to buy real estate, escrow begins, the acceptance of another offer is precluded, and closing (at which full or partial payment and transfer of title are exchanged) does not take place within the disposal/exclusion period. 4. Incapacitating illness or injury The individual becomes homebound or hospitalized for a prolonged period, due to illness or injury, and cannot take the steps necessary to sell the resource or to arrange for someone to sell it on his or her behalf. 5. Co-owner dies A co-owner of a resource dies, and administration of probation of the estate delays efforts to sell the resource (assuming that the property continues to be a resource). 20360.5 Resources Sold/Not Sold