10must-have - Wisconsin REALTORS® Association

Transcription

Best of Legal Hotline
Answers to your questions about
Twitter, URL’s and E-Commerce.
“No Call” law
Increased fines are proposed for those
who violate Wisconsin’s law.
MAGAZINE
October 2009
$5.00
10must-have
gadgets
Maybe it’s time to treat yourself to a new gadget or two.
Are you comparing
apples to apples?
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How do you like these apples?
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• The RE/MAX LeadStreet online management system delivers over 6,000
Free Leads to its brokers and agents every day.
• RE/MAX Agent Training on Demand provides 24-7-365 education from the
industry’s best coaches.
• The RE/MAX Design Center features thousands of professionally designed,
customizable marketing materials.
• RE/MAX now has the most dynamic Web Referral System in the industry,
• The RE/MAX Satellite Network (RSN) is the real estate industry’s only
proprietary educational television system.
• RE/MAX now enjoys global dominance in over 72 Countries around the globe.
Put it all together and it’s easy to understand why
No One Sells More Real Estate than RE/MAX.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
professionals to the core. If that sounds like you, it's time to make your move to RE/MAX.
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table of contents
october
features
articles
6
4
10
10 Must-Have Gadgets
It’s been a rough year, so treat yourself to a new
gadget or two. Here’s our top 10 with an eye to
increasing your bottom line but maintaining your
budget.
Electronic Documents in Consumer Transactions
While Wisconsin has the E-Commerce law,
REALTORS® must also comply with the federal
E-Sign Act. What does this mean? Find out here.
14
21
5
12
Increased Fines Sought for “No Call” Violators
The Wisconsin Legislature is considering
legislation to increase penalties and fines for
violators of the no-call law, the number one
consumer complaint in Wisconsin.
Foreclosure Legislation Proposed
A task force appointed to address this growing
Wisconsin problem has recommendations for
dealing with the rising foreclosure rate. Here are
16
20
24
news.wra.org
2009 |
vol.
26, no. 1
Your Cell Phone Could Save a Child
Wireless AMBER alerts are one way to put
technology to good use. Here’s how to sign
up.
Develop Your Niche
Direct your passion into a niche business and
marketing program to set yourself apart.
Best of the Legal Hotline
Answers to your questions about Twitter, URL
trademarks and E-Commerce issues.
Mark Your Calendar
The WRA’s Management Conference takes
place December 10. You won’t want to miss
this program!
2010 Wisconsin Elections
Gov. Doyle’s retirement, campaign finance
reform and third party watch - the election
news you need.
New TIF District Legislation Introduced
The economic downturn is affecting TIF
Districts, and new legislation may help those
1
News
inside the wra
with bill malkasian
Top News Stories in and Around the Industry
substantially increase funding for rental assistance,
United Way Honors the Stark Family
Wisconsin Receives Millions to Ease
working families.
for Service
to
Foreclosure
Crisis
Jumping backparticularly
to politics help
andfor
elections,
ND WHAT A CONVENTION IT WAS for the nearly
Community
®Milwaukee Business Journal (WI) (09/30/08)
we have a very special picture of
1,000 REALTORS , affiliates, guests and exhibitors
United Way of Dane County
NARstaff
Releases
Theone
state
is due to receive
nearly
$39 ® and
REALTORS
who showed up for
of oftheWisconsin
best conventions
in
membersFree
whoFHA
haveToolkit
A
million
in federal funds
to stabilize neighborhoods
United Way of Dane
C
u n t y history.
ouro 100-year
Considering
the challenging
contributed toWisconsin
RPAC REALTORS®
this year. Association
Pictured (10/30/08)
on
and
off my
a spate
of abandoned
According
recognized the Stark economic
Family with
timesthe
we’re2008
in, I’d like
tostave
extend
personal
thanks homes.
to
page 3 are 38NAR
of the
74
people
who
committed
and the WRA are eager to help you meet the
HUD and Gov. Jim Doyle, the funds are separate
Tocqueville Society Award
for outstanding
everyone
who madeservice
this year’stoconvention
a hit!
to contribute $1,000 or more to RPAC this year.
current
challenges of the troubled economy. We
from
approximately
$9.2
million
the
government
is
to the Dane County community and United Way.
This is the first year we’ve created a special donor
awarding
the
city
of
Milwaukee,
where
the
foreclosure
The Tocqueville SocietyThisAward
celebrates
and
know
that
you need resources that can help you
month’s issue of the magazine is dedicated to technology
recognition club, called the Wisconsin RPAC Large
currently
percent.
HUDatis awarding the
acknowledges people or families,
as the
Starks,
(which, such
by the
way,
was the rate
focusis of
many 9.9
of the
courses
close
transactions,
andthe
youcelebration
need them at
little or no
Donor Council, and we will cap off
with
funds via its Neighborhood Stabilization Program,
who have made a major impact
on theand
quality
of life on the
convention)
its impact
real estate industry, companies
NAR has
just released5 an
a very tospecialcost.
evening
on November
in all-new
MadisonFHA
forToolkit
under which almost $4 billion is being allocated
in Dane County through their exceptional service
and agents. Many of our articles this month also touch on how
for FREE
to help
the financing
these donors.online
A special
thank
you you
goesgettoclients
Jim Imhoff,
local and state governments for the redevelopment
commitment to the community.
Billand
Malkasian
technology, the transaction andofreal
estate law are all integrated
NAR 2009 Major
Donor
national RPAC
trustee, for It is
abandoned and foreclosed houses.
they
needWhip
in a and
credit-strapped
environment.
WRA President
in today’sReceives
marketplace.
City Housing Authority
coordinating this
should
look forward
to hearing
one effort.
of theYou
most
comprehensive
toolkits
NAR has
Not
Just
for
Personal
100-Unit Grant Speaking of the law, you’ll wantSites:
more
about
RPAC
and
the
elections
in
the
months
ahead.
®
to be sure to read Debbi Conrad’s
ever
produced,
and
it’s
available
to
all
REALTORS
Milwaukee Journal Sentinel (09/25/08) Pabst, Georgia
Connections
Anymore
article on “Electronic Documents in Consumer Transactions,”
nowmonth,
by visiting
the link
below.
also have
a final noteright
for this
October
marks
the They
beginning
of
Minneapolis-St. Paul Business Journal (09/29/08)As
Grayson,
The city of Milwaukee’sand
housing
is dueof the Legal Hotline,” which focuses on
Tracyauthority
Rucka’s “Best
Katharine
our
fiscal
year.
That
also
marks
the
beginning
of
the
dues
billing
launched
a
new
page
called
“NAR
Helps
You
Navigate
to receive $6.7 million in
federal
Hope
VI
money
questions and answers about technology.
cycle for localthe
boards,
state
associations
andcan
NAR,
runs
St. Paul, Minn.-based REALTOR® Teresa Boardman
Current
Economy”
where you
findwhich
dozens
of
to build 100 new housing units. The 100 units will
between
now
and
mid-December.
Once
again
the
WRA
has
held
says
Flickr,
Facebook
and
other
social
networking
be constructed in a 2.5-mile
area
and
will
include
Also, during the month of October, the Wisconsin Legislature comes
great products and resources, like the FHA Toolkit,
themight
dues at the same level as 2009 in the hope that all of our
make toit debate
easy toa number
meet people
29 public housing andback
affordable
rental
along with
ourunits;
friends insites
Congress
of who
for free or at a steep discount. Visit www.Realtor.
eventually become clients. While many professionals
nine affordable housingissues.
units for
income-eligible
members can continue to enjoy membership in 2010.
While
health care will dominate
the debate on Capitol Hill
org/NARHelpsYou for links to these great programs
are using these sites to make business contacts
families; and 62 moderately priced, open-market
at the federal level, the tax writing committees of both the House
On behalf of and
theproducts.
newly-elected leadership, recently installed
and companies use them to conduct background
condominiums. HUD Secretary Steven C. Preston
and Senate will tackle the question
of extending the $8,000 tax
at the
WRA Annual Convention, we wish you the best and look
checks or recruit new workers, many simply
want
comments, “Milwaukee’s housing authority has
credit
into 2010.
received
“Call
for Action”
from
connectthe
with
people
who have
similar interests.
demonstrated it has the
leadership
to By
leadnow
andyou’veto
forward to working
you inGoing
the months
ahead. Albeit a
Homewith
Loans
Strong,
NAR
asking
you
to
take
action
and
let
Congress
know
how
you
feel sell is dead. It
According to Boardman, “The hard
revitalize neighborhoods and transform lives.
Bit Tighter, in Area
aboutand
extending
expanding
the Homebuyer
Tax Credit,
I
doesn’t
work door-to-door,
andand
it doesn’t
work on
Cities like Milwaukee change
grow andand
need
to
Wisconsin State Journal (10/17/08) Balousek, Marv
hope
more information
this
social for
networks.”
On Flickr,on
Boardman
connected
revitalize housing to make
sureyou’ve
many responded.
aren’t pricedStay tuned
out.” Milwaukee is oneand
of other
a half-dozen
housing
legislative
issues thiswith
fall. a fellow photographer who eventually used her
Despite the ongoing national credit crisis, property
authorities nationwide to receive new Hope VI
services to purchase a home.
professionals say mortgage money remains available
On the state front, Kevin King writes on proposed legislation to
grants.
throughout southern Wisconsin to home buyers
increase the penalties and fines
for violation of Push
Wisconsin’s
Foreclosures
RentsNoHigher,
Until Next Time,
Housing Study Delay
Frustrates
Call law.
Tom Larson writes about
new legislation
introducedFamilies
to
Squeezing
Low Income
with solid credit. Ron Steinhofer, manager of
Public
Radioabout
(MN) (09/21/08)
Advocates
help struggling TIF districts, andMinnesota
Mike Theo
writes
proposed Olson, Dan
Marshall & Ilsley Bank’s regional home lending
Milwaukee Journal Sentinel (10/07/08)
Williams,
Scott
foreclosure
legislation.
In Minnesota’s Twin Cities, a wave of home
Two years after promising the Milwaukee metro
foreclosures has pushed more people into the rental
Shifting
to the
education front,
there are some specific dates
area’s first major housing
study gears
in three
decades,
apartment sector. The result is an intensifying
and
programs
you
will
want
to
put
on
your
nowand
thatSt.
will
be rental housing
the Southeastern Wisconsin Regional Planning
demand oncalendar
Minneapolis
Paul’s
up in the to
near
Conference,
December
Commission (SEWRPC) iscoming
still struggling
getfuture:
the Management
stock, so much so that the vacancy rate is Bill
very low
10 (with
education
on rise.
December
effort launched. Proponents
hopepre-conference
the study will continuing
and rents
are on the
This, in9),
turn, means lowserve as a catalyst for improving
housingPewaukee;
Country affordable
Springs Hotel,
Convention,
January
incomeWinter
working
families face
higher monthly rents
opportunities throughout
the city’s
Butthe Torches
even though
their income
hovers at unchanging
25-27,
2010 suburbs.
at Lake of
Resort Casino
& Convention
commissioners have yetCenter
to assemble
levels. Since
2005,February
the Twin
Cities apartment
in Lac an
du advisory
Flambeau; Designation
Week,
8 -11,
committee to oversee the2010
research
or
set
a specific
has dippedOut-of-State
from 7 percent to closer to
at Radisson
Paper Valleyvacancy
Hotel rate
in Appleton;
timetable for conducting the survey. Phil Evenson,
percent.
monthly
rents over that same
Continuing Education, March 41-3,
2010Average
at Tuscany
All Suites
the commission’s executive director, said other issues
span are up more than $25, rising to more
Hotel & Casino in Las Vegas; time
and Appraisal
Conference, March
keep getting in the way. The delays have frustrated
than $850. The St. Paul-based Wilder Foundation
Ho-Chunk
Casino, Hotel & Convention Center. Watch for
housing advocates the 10-11
most. atBethany
Sanchez,
recently reviewed income data for several Twin Cities
informationMilwaukee
coming soon
vice president of the Metropolitan
Fairat www.wra.org.
counties. The organization’s research found that the
Housing Council, laments, “It’s been a long time
number of people in those markets paying too much
Each
of
these
programs
is
of
the
same WRA quality as the recently
coming.” The Pewaukee-based commission has
for their rental housing will double from around
concluded
WRA
Annual
Convention.
Our education department
not conducted a comprehensive review of housing
70,000 currently to a whopping 140,000 by 2010.
to
present
you with
year-round
patterns since the 1970s.and Real Estate School work hard
Some say a partial
solution
would be for the U.S.
quality education.
government to reverse course on housing policy and
2
2
wisconsin real estate magazine
||
october 2009
october 2009
group, states, “There’s plenty of money for home
loans out there. It is slightly more difficult to qualify
than two or three years ago, but if you have a good
credit score, a good job and a down payment, money
is available.” Steinhofer adds that banks still are
making loans via such programs as Fannie Mae
and Freddie Mac. Furthermore, credit standards
remain about the same as they were six months ago,
meaning that qualified home buyers can get loans
if they have the proper income verification. On the
downside, banks have been less willing to make
loans with higher loan-to-value ratios. In addition,
conventional financing without a down payment has
indeed disappeared. However, 100 percent financing
is still available with Veterans Administration and
Rural Development home loans.
news.wra.org
news.wra.org
Wisconsin Real Estate Magazine™ is published
by the WISCONSIN REALTORS® ASSOCIATION.
Trademark issued pursuant to Wisconsin state statute; federal
trademark is pending.
John Flor, ABR, CRS, e-PRO, GRI, RRS, Chairman
[email protected]
John Horning, Chairman-Elect
[email protected]
Real Estate
notes from the wra
RPAC Large Donor Council Recognized
Robert Keefe, Treasurer
[email protected]
William E. Malkasian, cae, President
[email protected]
Editorial Staff:
William E. Malkasian
Publisher
The Wisconsin RPAC Large Donor Council was created by NAR 2009 Major Donor Whip Jim Imhoff of First Weber Group, Inc.
Members of the Council have contributed $1,000 to RPAC and/or the Direct Giver Program. As of September 29, 2009 the Council
has 74 members. The Council was recognized during the Opening Ceremonies of the WRA’s State Convention in Wisconsin Dells.
Robert Uhrina
Managing Editor
Terry O’Connor
Publication Editor
Joe Leschisin
Senior Designer
Wisconsin Real Estate Magazine, USPS 597-850, ISSN 1548-0526, is
published monthly by the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run
Road, Ste. 201, Madison, WI 53704. Periodical postage paid in Madison, WI and
additional mailing offices. An annual subscription rate of $5 is included in membership
dues and a copy is mailed to every paid REALTOR® and affiliate member of the
association. Nonmember subscription rate: $60. POSTMASTER: please send address
changes to the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run Rd., Ste.
201, Madison WI 53704-7337.
Permission to reprint or quote any material from this issue is hereby granted, provided
the Wisconsin Real Estate Magazine is given proper credit in all articles or
commentaries, and the WISCONSIN REALTORS® ASSOCIATION is provided with a
copy of any reprint.
Advertising of third party products and services herein does not imply endorsement by
the WRA unless specifically stated. Furthermore, the WRA does not endorse, approve,
or otherwise warrant the accuracy or legality of any information or content contained
in advertisements. Any questions regarding advertising policies should be directed
toward the editor.
Contact Us:
4801 Forest Run Rd., Suite 201
Madison, WI, 53704-7337
(608) 241-2047 • (800) 279-1972
legal hotline: (608) 242-2296 • (800) 799-4468
general fax: (608) 241-2901
products/education fax: (608) 241-5168
legal hotline fax: (608) 242-2279
president fax: (608) 242-2267
e-mail: [email protected] Website: www.wra.org
facebook: www.wra.org/facebook
linked-in: www.wra.org/linkedin
youtube: www.wra.org/youtube
3
|
october 2009
Seated: Joan Seramur, John Horning, Rob Keefe, Jim Imhoff, Kitty Kuhl, Joyce Bytof, Mike Mulleady, John Flor and Otto Bytof
First Row Standing: Steve Lane, Dennis Midthun, Bob Weber, Kitty Jedwabny, Renny Diedrich, Judy Gull, Chuck Olson, Karen
Pavlicek, Peter Shuttleworth, Sharon Helwig, Patty Hasenbank, Bill Malkasian Second Row Standing: Jerry Lyons, Joe Horning,
Dan Lee, Tim Stemper, Ron Zahrt, KC Mauer, Jeff Kitchen, John Deininger, Mike Spranger, Joe Murray, Mike Theo, Darren Kittleson
Back Row: Peter Sveum, Kevin King, Matt Miller, Rich Chronquist, Tom Larson Not in attendance: James Barry, III, Steve Beers,
Rita Blenker, Tom Bunbury, Barry Chavin, Sue Decker, Peter Didier, Kevin Donnell, Michael Fardy, Norm Flynn, Larry Gleasman, Neil
Hilgenberg, Phil Hilgenberg, Terry Hilgenberg, Michael Hoppens, Andrew Jensen, Robert Keller, Tammy Maddente, Steve Mills, Dale
Nordeen, Fred Prassas, Stephen Provancher, Roger Rushman, Mike Ruzicka, Erik Sjowall, Dave Stark, Phillip Sveum, Scott Swick,
Tom Sykora, Jim Villa, Terrence Wall, Scott Welsh, Peter Wiese, Marilyn Wille, John Young, Marshall “Bub” Zwygart.
Thank You to the Following Companies for Making Convention a Success!
Act Sign LLC
All American Title Company
American Edge Real Estate Services, Inc.
American Home Shield
AmeriSpec Home Inspection Service
Associated Bank
Axley Brynelson, LLC
Badger Remediation Services, Inc.
Brook Furniture Rental
Business Success Form
CAndle Impressions
Centralized Showing Service
Chalmers Jewelers
Century 21 Real Estate
Col. Pops Popcorn Company
Commission Express of Wisconsin
Computer System Innovations, Inc.
Country Springs Hotel
Craftsman Construction
Creative Network Builders
Dee Sign Company
Edina Realty
Emmons Business Services
Exit Realty Wisconsin
Fairway Independent Mortgage Corp.
Fields at the Wilderness
First Bank Financial Center
First American Title Insurance Co.
Gannett Wisconsin Media
GE Security - SUPRA
Godfrey & Kahn S. C.
Grand Geneva Resort & Spa
Graphicolor Printing & Multimedia
Graystone Consulting
Greater Milw. Assn. of REALTORS®
Ho-Chunk Hotel and Casino
HMS North Central
Holiday Inn – Madison
Homestead Realty Inc.
Hometown Title Company
HUD
HYS Marketing Products, LLC
Kalahari Resorts
Lake Lawn
Lake of the Torches Resort Casino
Lowen Sign Company
M & I 1031 Exchange Services
M & I Bank
Madison Club
Magnets USA
Marshall & Swift
Mary Marko – Palm Reader
Masterjohn Realty Inc.
National Association of REALTORS®
National Oilheat Research Alliance
Nevada Bob’s Golf
North Central Group
Northern Mutual Financial Network
Oakley Signs and Graphics
Orange Shoe Gym
Out Standing Signs
Pearl Insurance
Platinum Printing and Packaging
Point Title LLC
Preferred Title, LLC.
Public Opinion Strategies
PuroClean of Madison
Radisson Hotel & Conference Center
Radisson Paper Valley Hotel
REALTORS® Assn. of Northwestern WI
RE/MAX North Central
REGIT, Inc.
Rich Casto & Company
River Valley Bank
Roberta Vellucci
Royal Credit Union
Royle Printing Company
SassMama Art
Showhomes
Six Lakes Realty
Suby, Von Haden & Associates, SC
Suki Soap of Sweetwater Farm LLC
The Quality Title Group
Tiffany’s Home Staging, LLC
Trappers Turn Golf Club
U.S. Bank
U.S. Department of Veterans Affairs
Universal Home Protection
USDA Rural Development
Verizon Wireless
Virtual Vision
WESTconsin Realty
WLM, LLP
WHEDA
Whirligig Online Marketing
Wild Rock Golf Club
Wilderness Territory
Wisconsin Apartment Association
Wisconsin Assn. of Home Inspectors, Inc.
Wisconsin CRS Chapter
Wisconsin Dept. of Veterans Affairs
Wisconsin Housing and Economic
Development Authority – WHEDA
Wisconsin Legal Blank Co. Inc.
Wisconsin Restaurant Association
Wisconsin River Title Consultants
Women’s Council of REALTORS®
Wood Communications
WRA 100 Anniversary
WRA Real Estate School
WRA Real Estate Store
WRA Winter Convention
zillow.com
zipLogix
3
REALTOR NEWSWIRE
®
NAR Offers REALTORS® Certification
for Short Sales, Foreclosures
themselves.” Janet Jenkins, administrator of the
state’s Division of Trade and Consumer Protection,
also is advising Wisconsin homeowners to be aware
of this form of fraud. She remarks, “Homeowners are
being bombarded with advertising from companies
claiming they can save homes, reduce mortgage
payments or find free money for consumers.
Unfortunately, often the only one that receives
any benefit from these transactions is the business
committing the fraud.” Loan modification scams and
foreclosure rescue schemes are the two most common
forms of these frauds.
Housing Wire (08/26/09) Golobay, Diana
The National Association of REALTORS® reports that
almost a third of the previously owned homes that
changed hands over the past three months were either
foreclosure or short sales. In response to the ongoing
trend in distressed-property deals, the trade group
has rolled out a new Short Sales and Foreclosure
Certification Program for its members. Participants
must complete a one-day education program, which
can be taken in person or online, followed up by three
Webinars lasting one hour each. The curriculum will
coach real estate agents in helping borrowers who
want to avoid foreclosure. “Unfortunately, there are
situations in which people just cannot afford to keep
their homes,” notes NAR President Charles McMillan.
“A short sale can help families protect their credit by
avoiding a foreclosure. When a foreclosed or REO
property is sold, it helps the surrounding community
by reducing the impact of those properties on home
values in the immediate area.”
Vacation Home Market “Realistic”
Baltimore Sun (09/06/09) Umberger, Mary
Bargain hunters have descended on Wisconsin’s
lakefront vacation home market in search of deals.
But some sellers are not taking too kindly to the
influx. Duane Nolte, for example, recently made a low
offer on a waterfront home just outside Sturgeon Bay.
Not only was the offer rejected, it alienated the seller
because it was so low. The proposal lapsed without
any further price negotiation. Nolte remarked, “We
wanted to get into the game to take advantage of the
bad economic times and get a good-value property.”
After a month of house hunting in and around Door
County, he did not find many bargains. Scott Bader,
Nolte’s REALTOR®, remarked, “There are people out
there who think they can steal properties. They can
get some good deals, no question, but they’re not
going to get what they want.” He added that prices are
down from housing-boom levels, but only to a point.
Tony Sienkowski, an agent with Century 21 Herget
& Plavsic in Lake Geneva, noted, “Some people are
looking for unrealistic bargains. Prices are lower, and
the deals are probably better, but they’re not giving
them away.” Bader, broker/owner of Coldwell Banker
Door County Horizons in Fish Creek, concludes that
second homes are not quite the same entity as the
rest of the housing market. As a result, he advises
potential buyers to learn all they can on the various
differences.
Home Sales Up Last 3 Months in
Southeast Wisconsin
Pierce County Herald (Wisconsin) (09/11/09)
Home sales have increased for the third straight month
in southeast Wisconsin. The Multiple Listing Service
reports more than 1,500 homes were sold in August in
Milwaukee, Waukesha, Ozaukee, Washington, Racine,
Kenosha, and Walworth counties, representing a
2.6 percent increase from the same period in 2008.
Mike Ruzicka of the Greater Milwaukee Association
of REALTORS® says a reduction in prices has made
homes affordable for more people. He also credits the
$8,000 tax break for first-time buyers, low interest
rates, and an ample supply of homes for sale.
Wisconsin Is Warning Homeowners
About Loan Modification Scams and
Foreclosure Rescue Scams
WEAU-TV (Eau Claire, WI) (09/08/09)
New DNR Rule Would Restrict
Building Along Shoreline
The Wisconsin Department of Justice has teamed
up with the Wisconsin Department of Agriculture,
Trade and Consumer Protection to issue a consumer
advisory on foreclosure “rescue” services and loan
workout solicitations. The number of complaints
about both practices has been on the rise over the past
few months. Chiefly, these “rescuers” look to make a
quick buck or commit outright fraud by preying on
a homeowner’s financial and emotional distress.
Attorney General J.B. Van Hollen states, “While we
will pursue those who perpetrate these scams, it is
important that the public be aware of the tactics
being used so that they can take steps to protect
Green Bay Press-Gazette (WI) (09/16/09) Walter, Tony
The Wisconsin Department of Natural Resources
has proposed a new rule aimed at protecting the
environment. The rule has been approved by the
Natural Resources Board and is being studied by the
state Legislature. If legislative committees don’t act on
it, the rule would take effect 60 days after the panels
notify the state agency of that decision. It sets new
zoning standards for shoreland property owners by
prohibiting them from having more than 15 percent
of their land covered by structures or pavement, but
it can be as much as 30 percent if they implement
certain environmental steps. It also establishes a 35foot height limit on any structure within the 75-foot
setback area. The rule affects any property within
1,000 feet of a lake or 300 feet of a river or stream.
“The overriding motivation is the balance between
private and public rights and the need to restructure
the rules to benefit both,” says Gregg Breese, shoreline
program manager for the DNR. “We’ve been looking
at lake water quality and habitat and watching them
go down. We need to fix the problems we know exist.
Nobody wants dirty water.” Assembly and Senate
committees that oversee the DNR could vote to send
the issue back to the department for changes. Panels
from both chambers recently held hearings on matter,
but neither acted on the changes and it’s unclear
what they will do in the coming weeks. The Wisconsin
REALTORS® Association and the Wisconsin Builders
Association have supported the proposed rule.
Signs of an Improving Wisconsin
Economy Showing Light
WKBT.com (La Crosse, Wis.) (09/16/09)
Roberta Gassman, Secretary of the Wisconsin
Department of Workforce Development, reports
there are signs the state’s economy is improving.
While economists say the worst may be over, state
officials add it will take awhile to completely recover.
In the meantime, they’re seeing some positive signs.
“Businesses that are coming here because of our tax
credit climate, to move here from other areas to grow
their businesses here, and a number of businesses
that are adding jobs,” says Roberta Gassman,
Secretary of the Wisconsin Department of Workforce
Development.
Your Cell Phone Could Save a Child
Your profession in real estate puts you on the road
to serve buyers and sellers. Your cell phone is an
indispensable tool. Now, anyone can use their cell
phone in a way that may save an abducted child.
The first three hours after abduction are critical. By
signing up for wireless AMBER alerts, you could play
an important role in recovering an abducted child. It’s
easy and free to sign-up. Real estate professionals,
traveling to serve their clients, are well positioned to
help save a child. Sign-up for wireless AMBER Alerts
here; https://www.wirelessamberalerts.org/index.jsp
REALTOR® Newswire is a monthly news service prepared exclusively for the Wisconsin REALTORS® Association by Information, Inc. Reproduction, use, or inclusion of this material in other publications, products, services or Web sites is
not allowed without prior written permission from the Wisconsin REALTORS® Association.
4
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news.wra.org
Realtor® sales tip
Become a Specialist
develop your niche!
So where do you begin?
Step 1: Pinpoint your passion. What do you
know and love? What do you always enjoy
talking about and sharing with others? What do
you enjoy in your personal life? In what specific
area of real estate do you have superior
knowledge? Have you earned a designation or
certification during your real estate career that
really lit a fire in your belly? Those areas would
be ideal for your niche.
By marcus A. wally
We live in a world of details and specifics.
Businesses in today’s market must specialize in
order to survive. If you think about it, there is
probably a niche business for almost everything
you can imagine.
Internationally, it is all about globalization.
Countries are intertwined and dependant on each
other for specific goods not produced at home.
This is an excellent example of doing what you do
best and selling it to the rest of the planet.
Marketing yourself to the masses is what most
agents attempt to do. But it is vital that we all
remember: there is no way that you can be
everything to everyone. Oscar Wilde once said, “Be
yourself as everyone else is taken.”
So my sales tip this month focuses on becoming
an expert in one field, sticking to it and becoming
known and experienced in that one area of real
estate. Then those who desire that specific
product/service will come to you instead of you
trying to reach the entire world. Make sense?
Are you a pet lover? I am. Do you know that pet
product manufacturing groups estimate that 63
percent of all U.S. households have pets,
translating to 69 million homes? That is up from
51 million in 1988. Could this be your niche?
Alternatively, do you ride a Harley Davidson
motorcycle? Is this your potential specialty?
How do you make a name for yourself by carving a
real estate specialty that combines your interests
with local market opportunities? If you succeed,
you are guaranteed a win-win situation!
move to your town for the resort atmosphere
that is offered there?
Do your talents lie in helping seniors? Are you a
holder of the Seniors Real Estate Specialist
(SRES) designation?
Is the commercial arena your cup of tea? Do
numbers (math) excite you? Are you currently
earning your Certified Commercial Investment
Please be extra careful not to alienate any one
subgroup, but you are certainly allowed to be
passionate about a certain group of customers/
clients.
that can guide you to your niche. Once you
Step 3: Fine tune your interest. For instance,
living in St. Augustine, FL, which is “Our Nation’s
Oldest City,” I have developed a niche within the
historic district. I love and am very passionate
about the old buildings, so consequently I am
known as the downtown historic specialist. I
have made a handsome living by working in an
area that I love and understand well. Delivering
excellent service requires that you understand
your customers’ attitudes, tastes and
motivations. Then, when they find out that you
know your stuff, it’s amazing how quickly you
can build your business in any field.
where I can network with individuals who share
Today the green issue is big…..is that you?
Have you got a real interest in going green?
|
make your sales to other like-minded folks who
Step 2: Take a close look at your local market
demographics. Find out what’s moving and
shaking in your backyard. Does your local city
have an abundance of a certain group of
individuals? For example, in my town we have a
large airplane manufacturing plant (Northrop
Grumman Corp.). Is there a surge of baby
boomers in your city, or perhaps a large
population of a certain ethnic group that you
may have a personal bond with (similar culture/
customs, etc.)?
Perhaps you are a beach fan and love the ocean,
sun and sand. You might want to zero in on a
defined geographic area like “the beaches.”
Now do your part and become the beach expert!
Loved ones always tell us to strive to find a job that
we enjoy and are passionate about. Accomplishing
this will not only increase your odds of success,
but you will never truly feel like you are working a
day in your life! Well that’s what I’m talking about.
Do you live in a resort community and tend to
october 2009
Member (CCIM) designation?
Perhaps your best skills are right in front of you,
but you just can’t see the forest for the trees.
Step 4: Take a hard look at your database.
Evaluate your most recent clients/customers to
see what patterns exist. We all start out as
generalists,
but
hopefully
develop
into
specialists. Reviewing who we have been doing
business with is a good way to identify patterns
identify your niche, you can seek out and attend
conferences and community gatherings related
to it. I always enjoy attending the conventions
my love and passion.
Successful niche marketers rely on the Internet
as one of the best tools for reaching buyers and
sellers. Get those creative juices flowing and
register a memorable Web site and e-mail
address that speak to your niche. Then use your
site to provide useful information. Start blogging
about your passion – your niche – and get the
world talking about you!
Marcus A. Wally, MBA is an active Florida
REALTOR® in St. Augustine, Florida - “Our
Nations Oldest City.” Marcus is the founder and
broker of New World Realty, which also manages
coaching and facilitation of education classes
around the world. Marcus earned his MBA from
the University of North Florida in Jacksonville.
Marcus can be reached at 904-669-1081 or by
e-mail at [email protected].
5
feature
10must-have
gadgets
Rough year? Sure enough, things are tough all over. If you’ve managed to squeak by in this tumultuous economy, maybe it’s
time to treat yourself to a new gadget or two--especially if it’s something that can help your bottom line in 2010. We’ve rounded
up some killer gear for real-estate professionals, with an eye to the inexpensive so your budget stays intact.
Netbook Computer
Last year, netbooks were a curiosity. Today, they’re a necessity, offering compact
designs, improved performance, and low prices. Some models even have
built-in wireless modems for anytime, anywhere Internet access (though plan on
spending upwards of $60 per month for service for that particular perk).
Smartphone
Smartphones are considered the Nirvana of all cell phones, combining
phone, e-mail, text, Internet, camera, calendar functions and more -- all in
one handy, easy to use device. Apple revolutionized the cellular industry in
June 2007, when it introduced its first smartphone. While most
technology companies were scaling back in the early 2000s, Apple began
waging a war. And it paid off. The iPhone runs on a special version of
Apple’s OS X operating system. It combines traditional mobile phone
technologies with a high speed 3G network, GPS, an iPod, a 3.5 inch
touch screen, a straightforward Web browser and thousands of
downloadable applications. Apple suggests in its TV ad campaigns,
“there’s an app for just about everything,” and to date this claim holds
true. There are hundreds of real estate applications, ranging from home
search tools to mortgage calculators, Zillow, Trulia and more. The latest
3GS model adds video capabilities, voice control and 32MB of storage.
While many early models were too cramped for comfort, the current “sweet
spot” for netbooks is a 10-inch screen with a keyboard that’s about 90 percent of
standard (i.e. just large enough for touch typing). Asus, Acer, Dell, HP, Lenovo, and
MSI are among the companies offering models matching these specs, with prices
usually falling in the $300-350 range. If you choose one of the aforementioned
wireless netbooks, the system itself may cost you as little as $99.
As of press time, the vast majority of netbooks were being sold with Windows XP,
but you should be able to find Windows 7-equipped models by now. We highly
recommend choosing Microsoft’s newer operating system, which is much more
secure than XP, but still runs smoothly on lower-end netbook hardware.
The contenders are still at war and continue to make significant strides
against Apple. The Palm Pre and Blackberry Storm are still arguably the
top picks for legacy smartphone users and offer technology similar to
Apple’s iPhone, but perhaps on a more familiar platform. They also give
smartphone users a “non-AT&T” alternative, one of the iPhone’s biggest
limitations in the United States. The Blackberry Storm offers the first-ever
SurePress touch screen. When users press its large 3.25-inch LCD
display, the screen physically clicks down, mimicking an actual keyboard.
The Palm Pre is also a solid choice and is built on the longest running
smartphone operating system in the world. It offers a candy store of
applications and a simple interface, much like its iPhone archrival.
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news.wra.org
Pocket Camcorder
Bluetooth Speakerphone
Bluetooth headsets are a pain. They’re always getting lost (or left behind), are
uncomfortable to wear, and, let’s face it, are kind of dorky-looking. What’s the
alternative for hands-free phone conversations in the car? A Bluetooth
speakerphone like the Jabra SP200.
Priced at around $50, the SP200 clips to your visor and pairs easily with your
phone. When a call comes in, just tap the big answer/end button. A large
scroll-wheel adjusts the volume. Thankfully, the SP200 supports voice dialing
(assuming your phone does as well). Better still, it offers noise-reduction
features so callers hear less of your car’s road noise. Of
course, you can use it in your office as well;
it’s all but guaranteed to deliver
better sound quality than your
phone’s built-in speaker.
If property photos are good, property videos are
roughly a million times better. But don’t bother with
bulky, expensive, tape-based camcorders. Instead,
choose a compact camcorder that’s built with
YouTube in mind, like the $179.99 Flip Mino or
$99.99 Creative Vado. These pocket-size
camcorders record YouTube-optimized video (read:
low resolution, but suitable for online viewing) to
internal memory, so you don’t have to mess with
tapes or storage cards. Plus, they have hidden USB
connectors so you can plug them directly into your
PC. Best of all, built-in software helps you edit
videos and upload them to YouTube in just a few
steps. From there, you can just embed the videos on
your site like you normally would.
GPS Receiver
Arriving late to an appointment because you got lost or stuck in traffic makes a bad
impression. You can avoid both kinds of delays with a GPS receiver, which plots the
quickest route to your next destination using satellite technology. All models provide
voice-prompted, turn-by-turn directions, but the latest ones add amenities like
Bluetooth and real-time traffic updates.
Garmin’s nuvi 770, for instance, incorporates a special FM receiver that displays alerts
about traffic delays and road construction, and then gives you the option of taking a
detour around the trouble spots. The TomTom GO 910, meanwhile, doubles as a
speakerphone, enabling you to place and receive hands-free calls via your Bluetoothequipped cell phone. You can pick up a basic, no-frills GPS for as little as $200, while
models with some of the aforementioned advanced features sell for $400 or more.
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october 2009
7
feature
iPod Touch
Let’s face it: When it comes to cell phones, the iPhone still rules the roost. But what if you don’t feel like joining up with AT&T for two years and paying a minimum
of $70 per month for service? Get the next best thing: an iPod Touch, which is exactly like an iPhone–without the phone.
Actually, by spending a few extra dollars on a headset and loading free voice-over-IP (i.e. Internet telephony) apps like Skype and Truphone, you can make calls
on an iPod Touch. You just need to be in proximity of a Wi-Fi hotspot, like the one in your home, office, or favorite coffee shop. These apps cost pennies to use,
and you pay zero monthly fees to AT&T. Not a bad compromise!
Of course, the Touch also delivers killer games, video, Web browsing, e-mail, and all those awesome apps you see in the iPhone commercials. Oh, and don’t
forget: It’s an iPod, too. The latest Touch models start at $199, but you can find like-new refurbished models in the online Apple Store for as low as $149.
Eye-Fi Explore Video
Want to make your old camera seem new again? Get the ultimate
memory card to go with it. The Eye-Fi Explore Video is a 4-gigabyte
SDHC memory card that wirelessly and automatically uploads photos
and videos from your camera to your PC, your Flickr account,
Snapfish, or any of 20-plus other destinations. It’s compatible with all
cameras that accommodate SD cards, and it’s priced at $99.99. The
only catch: You need to be in proximity of a Wi-Fi hotspot, so you’ll
have to head back to your office—or the nearest Starbucks. (Actually,
the Eye-Fi Explore Video works with over 10,000 Wayport hotspots
nationwide.)
You can save a few bucks by opting for the Share Video version
($79.99), which lacks the Wayport support, or get the Share ($59.99)
and forgo video uploads. Whichever Eye-Fi you choose, you’ll love the
convenience of this little card.
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news.wra.org
Virgin Mobile Pay-As-You-Go Wireless
If you’ve ever used one of those aircard-type wireless modems, you know how indispensible they
quickly become. You also know the pain of having to sign yet another two-year contract and pay,
on average, $60 per month. That’s over and above whatever you’re already paying for your cell
phone!
Thankfully, there’s finally an alternative: Virgin’s new Broadband2Go offers no-contract, pay-asyou-go wireless Internet access. To use the service, you’ll need Virgin’s Broadband2Go USB
Device, which is available at Best Buy for $149.99. Like any good USB device, this one contains
its own software (for Windows only–sorry, Mac users), so you can plug it into any PC and get
online straight away. It also doubles as a microSD reader, meaning you can pop in a memory card
and use the modem as mobile storage.
As noted, there’s no contract required to use Broadband2Go, but you do need to choose a service
plan. The least-expensive one ($10) gives you 100 megabytes of data and expires in 10 days--not
at all a bad deal if you’re taking a trip and need Internet access only during that time. The top-end
plan costs $60 for 1 gigabyte (and a 30-day expiration), and there are options in between.
Sign Light
According to NAR, the yard sign contributes to the
sale of a home 63 percent of the time. Your yard
sign won’t do much good if potential buyers can’t
see it. The aptly named ListingLight solves the
pesky problem of nightfall by illuminating both sides
of your sign, thus putting it to work for several extra
hours per day. Powered by six C-cell batteries,
which will last up to eight weeks according to the
manufacturer, the light installs on top of any sign
(up to ¾-inch thick) and includes a locking
mechanism to help prevent theft. It relies on a
built-in timer and light sensor to turn on and off
automatically, so you can set it and forget it. Key
features include: full two-sided sign illumination,
photo eye sensor for auto-turn off at dusk and
turnkey installation that requires no holes to drill. A
single ListingLight costs $75, but the pack of four
that costs $275 is a better deal.
Wireless Broadband Modem
Tired of looking for Wi-Fi hotspots on the road? Now you can enjoy
broadband Internet access from just about anywhere. All you need is a
wireless modem and data plan from your carrier. The latter will cost you
$50-60 monthly from AT&T, Sprint, or Verizon, while the modem itself can
usually be had for under $100. These devices usually plug into one of your
notebook’s USB ports.
Before you sign up for service, check the coverage areas for the provider’s
high-speed data network. If you live and/or work in remote or sparsely populated
areas, you might have to settle for connection speeds that are closer to dial-up than
broadband—at which point you might be better off hunting for Wi-Fi after all.
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october 2009
Tech guru Rick Broida writes for CNET and PC Magazine.
He is the author of over a dozen books, including How to Do
Everything with Your Palm Powered Handheld, 6th Edition.
9
legal
Electronic Documents in
Consumer transactions
By Debbi Conrad
Wisconsin’s
Electronic
Commerce
(E-Commerce) law provides a framework for the use of
electronic records and signatures in real estate transactions. While
E-Commerce law regulates electronic documents, signatures, records
and transactions in Wisconsin, Wis. Stat. § 137.12(2p) indicates that
the consumer protection features of the federal Electronic Signatures
in Global and National Commerce Act (E-Sign) apply to Wisconsin
transactions involving consumers. Parties in Wisconsin must comply
with the E-Sign consumer requirements.
Congress imposed special requirements in situations where the parties
want to use electronic records or signatures in consumer transactions.
Information required by law to be in writing can be made available to a
consumer electronically only if:
1.
specified information regarding the consumer’s rights and
ability to use electronic records is first clearly and conspicuously
disclosed to the consumer; and
2.
the consumer affirmatively consents to receive the information
electronically.
A consumer’s consent to receive electronic records is valid only if
the consumer consents electronically in a manner that reasonably
demonstrates the consumer’s ability to access information in the
electronic form that will be used in the transaction. Federal law requires
that consumers give electronic consent prior to receiving electronic
documents delivered by e-mail.
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october 2009
E-Mail
Document Delivery under the Revised
WB-11 Offer to Purchase
Discussed in the May 2009 edition of Wisconsin Real Estate Magazine
(online at news.wra.org/story.asp?a=1115), the newly revised WB-11
Residential Offer to Purchase is coming soon. Among the new features
in the revised offer is the parties’ ability to choose e-mail as a method
for the delivery of documents and notices.
This means that REALTORS® will no longer need to use a Wisconsin
REALTORS® Association Addendum D – Electronic Document
Delivery or equivalent language in conjunction with residential offers
to purchase. The updated WB-11 provides for personal delivery as a
default and allows the parties to also choose commercial delivery, U.S.
Mail, fax and e-mail as additional delivery methods when it comes to
notices and documents related to the offer. The e-mail option (based
upon the most recent draft) provides:
(5) E-Mail: electronically transmitting the document or written
notice to the party’s e-mail address, if given below at lines 52 or 55.
If this is a consumer transaction where the property being purchased
is used primarily for personal, family or household purposes, each
consumer providing an e-mail address below has first consented
electronically to the use of electronic documents, e-mail delivery and
electronic signatures in the transaction, as required by federal law.
news.wra.org
Lines are provided where the e-mail addresses for the seller and buyer,
respectively, can be written if this option is selected.
As the e-mail delivery item from the WB-11 draft clearly states, the fact
that there is e-mail option language in the revised offer does not mean
that consumers do not have to first receive disclosures concerning their
rights and provide electronic consent to the use of electronic documents,
e-mail delivery and electronic signatures. The E-Sign consumer
disclosures and electronic consent requirements apply whenever there is
a consumer who wishes to receive notices and documents by e-mail that
the law otherwise requires must be in writing.
If the buyer and seller have both previously received their disclosures
and provided electronic consent with their agents that stated the
consent would apply throughout the entire real estate transaction, then
the parties do not have to give electronic consent again for the offer. The
only thing in this situation that would need to be included in the revised
WB-11 would be to check the e-mail delivery box on the first page of the
residential offer. With regard to other non-residential transactions, until
those other offer forms are updated, either Addendum D or equivalent
language in an addendum or in additional provisions should be used.
Addendum D Equivalent Language
Although Addendum D will no longer be used with the revised WB-11,
it still may be needed for listing contracts, buyer agency agreements and
other types of offers, at least until those forms are also updated. If the
parties or REALTORS® in a transaction prefer, language may be inserted
in the additional provisions blank lines or in an addendum instead of
using Addendum D.
The parties or REALTORS® may consider adding language similar to the
following to the additional provision lines of the buyer agency agreement,
listing contracts and other offers to purchase. In these samples, the idea
is to pick the appropriate introductory language, add the main language
and then select the matching e-mail address lines.
Introductory language:
WB-11 RESIDENTIAL OFFER TO PURCHASE (11-1-99 version): “In
addition to the methods of delivery authorized on lines 22-33 of this
Offer, …”
WB-1 RESIDENTIAL LISTING CONTRACT-EXCLUSIVE RIGHT TO
SELL (7-1-08): “In addition to the methods of delivery authorized on
lines 193-198 of this Listing, …”
WB-36 BUYER AGENCY/TENANT REPRESENTATION AGREEMENT
(7-1-08): “In addition to the methods of delivery authorized on lines
158-163 of this Agreement, …”
Main language:
delivery of documents and written notices to a party shall be also
effective when accomplished by electronically transmitting the
document or written notice to the party’s e-mail address given below.
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october 2009
If this is a consumer transaction where the Property being purchased
is used primarily for personal, family or household purposes, each
consumer stating an e-mail address below has first consented
electronically to the use of electronic documents, e-mail delivery and
electronic signatures in the transaction, as required by federal law.
E-Mail address lines:
For offers to purchase:
E-Mail address for Seller: _______ E-Mail address for Buyer: __________
For listing contracts:
E-Mail address for Seller: _____ E-Mail address for Broker/Firm: _______
For buyer agency agreements:
E-Mail address for Buyer: _____ E-Mail address for Broker/Firm: ______
E-Commerce Resources: www.wra.org/ecommerce
Debbi Conrad is Director of Legal Affairs for the WRA.
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11
legal
best of the legal hotline
with tracy rucka
Do you Tweet?
A broker is using Twitter to communicate with clients and customers.
What rules apply to the content of Tweets?
The REALTOR® Code of Ethics applies to all REALTOR® electronic
communications including Twitter, blogs, Facebook, text messages,
etc. When REALTORS® use modern technology to communicate
with clients, customers and prospects, the Code of Ethics applies to
the content of the communication. Article 12 of the Code of Ethics
sets forth the true-picture standards and, per Article 2, REALTORS®
must avoid misrepresentation and exaggeration and remember to
keep confidential information confidential. A REALTOR® can be
found in violation of the Code of Ethics for misstatements or gross
exaggerations made in Tweets, e-mails or text messages just like in
print or verbal communications.
Tweets, blogs and other social media tools are great ways to keep
in touch with buyers and sellers and generate leads. For example, a
broker may want to tweet that he or she just closed another deal,
or share information about an upcoming open house. When doing
so, the broker must always keep in mind confidentiality, privacy
and safety for both the agents and the consumers. For ideas and
basics about using Twitter as a communication tool, see the National
Association of REALTORS® Field Guide to Twitter at www.realtor.
org/library/library/fg234.
Article 12 of the REALTOR® Code of Ethics provides:
REALTORS® shall be honest and truthful in their real estate
communications and shall present a true picture in their advertising,
marketing and other representations. REALTORS® shall ensure
that their status as real estate professionals is readily apparent
in their advertising, marketing and other representations, and
that the recipients of all real estate communications are, or have
been, notified that those communications are from a real estate
professional. (Amended 1/08).
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october 2009
URL Trademark Dos and Don’ts
Can a member use the term “REALTOR®” in his or her URL, for example,
valleyrealtor.com or teamnameyourrealtor.com? What use is authorized in
a URL?
Members are licensed by the NAR to use, with limitations, the member
marks. Certain limitations apply to the style, color, punctuation and
appearance of the collection of marks. As a general rule, consider if each
use indicates membership in the association or if it is being used as a
synonym for the term “real estate licensee.” If it is used as a synonym
for a broker or agent, then the use is incorrect and violates NAR policy.
Each of the URLs suggested in the question would represent misuses of
REALTOR® marks as described in the NAR’s Membership Marks Manual
(MMM). The complete text is available at www.realtor.org/letterlw.nsf/
pages/trademarkmanual. The MMM describes the improper use of the
term “REALTOR®” in URLs: “The term REALTOR® may not be used
with descriptive words or phrases. For example, Number1realtor.com,
numberone-realtor.com, chicagorealtors.org or realtorproperties.com
are all incorrect.” In addition, the marks must be used with reference
to an individual member of the association, not a team within a real
estate company.
The MMM also gives examples of authorized uses in combination
with a member’s name in URLs and in e-mail addresses: “For use
as a domain name or e-mail address on the Internet, the term
REALTOR® does not need to be separated from the member’s name
or firm name with punctuation. For example, both johndoe-realtor.
com and johndoerealtor.com would be correct uses of the term as a
part of domain names and jdoe*[email protected] and
[email protected] are both correct uses of the term as
part of an e-mail address.”
news.wra.org
signatures in the transaction. That is why Addendum D says,
“If this is a consumer transaction whereby the property being
purchased is used primarily for personal, family or household
purposes, each consumer (buyer, seller, etc.) has consented
electronically to the use of electronic documents, e-mail delivery,
and electronic signatures in the transaction, as required by
federal law,” and “Electronic Consent Given: 0 Yes.” Addendum
D is looking for confirmation that electronic consent has been
given by parties who are consumers.
In simple terms, to correctly include e-mail as a form of delivery in a
contract, two steps must be performed:
Using Electronic Commerce in Transactions
A broker received an offer to purchase in which the cooperating broker
has entered e-mail addresses for the seller’s and the buyer’s delivery
addresses on Page 1 of the offer. Is this legal? If so, what are the potential
risks associated with this form of delivery?
The broker must meet both state and federal requirements to proceed
with e-mail delivery in real estate transactions involving consumers.
Both disclosure and consent are required by the Federal E-Sign law
before using electronic records or signatures. One distinction under
federal law is that consumers must provide electronic consent after
receiving required disclosures. More information and copies of the
WRA Addendum D and Consent for Use of Electronic Documents and
Signatures in Consumer Real Estate Transactions are available on the
WRA E-Commerce Resource Page at www.wra.org/ecommerce.
For what exactly can a licensee use the Addendum D - Electronic
Document Delivery form?
When it comes to consumers, a party’s consent to the use of e-mail and
electronic documents and signatures is a two-step process.
1.
2.
The Addendum D or similar language needs to be incorporated
into the offer, but if a party is a consumer, he or she first
must receive the disclosures stated in the Consent for Use of
Electronic Documents and Signatures in Consumer Real Estate
Transactions (this form is available on ZipForm and at www.wra.
org/ecommerce).
The party must provide consent electronically (via e-mail or on
a Web site) to the use of e-mail and electronic documents and
|
october 2009
1.
Electronic consent (typically achieved by e-mail)
2.
Execution of Addendum D or the inclusion of such language in
additional provisions
Review the WRA Addendum D and the February 2008 Legal Update,
“Electronic Commerce and E-Mail Delivery,” at www.wra.org/LU0802.
An agent e-mailed the WRA Addendum D and consent for electronic
transmission to the client. The client printed it out, completed it and
wants to fax it back. The agent is able to receive faxes directly to her
e-mail address. Is it acceptable for the client to fax it back to the agent’s
fax number, which is received by her e-mail?
The essential components for obtaining a consumer’s consent to the
use of electronic signatures and documents in real estate transactions
are acknowledging receipt of the mandatory E-Sign disclosures and
electronic consent to the use of electronic documents, e-mail delivery
of documents and electronic signatures. If the document is printed and
faxed, it is fax delivery, not e-mail delivery. Likewise, a party cannot
be handed an Addendum D, or the electronic consent document, sign
it and hand it back to the agent to obtain consent for use of electronic
documents. The agent’s or company’s software program that can
convert a fax to an e-mail is a device on the receiving end of the
communication and does not allow the client to demonstrate his or
her ability to use e-mail.
More information about e-mail delivery is available in “E-Mail Delivery:
Working with Consumer Consents to Deliver Electronic Documents,”
in the May 2008 issue of the Wisconsin Real Estate Magazine, online at
news.wra.org/story.asp?a=922.
Tracy Rucka is Staff Attorney for the WRA.
13
legal
increased fines for
violators of “no call”
law sought
By kevin king
The Wisconsin Legislature is considering proposed legislation that
will increase the penalties and fines for violation of Wisconsin’s No Call law.
According to Sen. Jon Erbanbach, author of the original state law as well
as the new proposal, the number one consumer complaint is violation of
the No Call statute. Therefore, he supports increased penalties to discourage
telemarketers who break the law from continuing to do so.
The original law, one of the first in the nation and predecessor to the
federal laws, became effective January 1, 2003. The law regulates telephone
solicitation – defined as the “unsolicited initiation of a telephone
conversation for the purpose of encouraging the recipient of the telephone
call to purchase property, goods or services.” In the field of real estate,
telephone solicitation generally includes cold calling, calls to owners with
expired listings, calls to FSBOs and calls to consumers referred by others. A
telephone solicitor may not make a telephone solicitation to a consumer’s
residence or cell phone if that consumer’s telephone number is included in
the “no call” directory maintained by the Department of Agriculture, Trade
and Consumer Protection. Under current law, violations are subject to a
forfeiture of $100 per violation.
If the proposed legislation is adopted, and by all accounts it appears that
such adoption is a virtual certainty, the penalty will increase to not less than
$1,000 or more than $10,000 for each violation. In addition to the increased
forfeitures, a person who suffers damages as a result of a violation of the
law will be permitted to bring a civil action for injunctive relief and actual
damages, or for $500 per violation, whichever is greater. Efforts have been
on-going since 2004 to increase the penalties.
The Wisconsin REALTORS® Association has consistently opposed the
increase in fines as being excessive. Rather, the WRA believes that if there
are flagrant, repeat offenders who consider the lesser fines under the current
law as nothing more than a cost of doing business, then the Legislature
should consider a graduated fine schedule that penalizes the habitual
violator. We have also expressed our concern that the ability to bring private
civil actions will trigger increased complaints, even for innocent mistakes by
REALTORS® and others.
Given the increase in potential liability, it is more important than ever to
make certain REALTORS® are in compliance and do not unintentionally
make a call in violation of the law. According to Sen. Erpenbach, the DATCP
has done a good job in making certain that telemarketers always get warnings
when they first violate the law and receive clear instruction on how to follow
the law. Despite that assurance, what should REALTORS® make sure to do?
Different REALTORS® may need to adopt different measures to protect
themselves. Brokers who do allow or require telemarketing by their agents
may not be able to escape the telephone solicitation registration requirements
and fees. Brokers who do not engage in cold calling or related practices may
14
|
october 2009
news.wra.org
encouraging, but if taken literally, most
REALTORS® “sell or promote the sale of
property, goods or services for others.”)
need to seek other precautions to avoid having
their follow-up and closing preparation calls
classified as telephone solicitations, subjecting
the brokers to the same registration and fees
as the brokers who do engage in telemarketing
practices.
•
Brokers and real estate companies that market
over the telephone may obtain a copy of the
Wisconsin No Call list by completing the
DATCP’s annual application form and paying
the annual fees. REALTORS® should contact
the DATCP by phone (608-224-4999), fax
(608-224-4939) or e-mail (WINoCall@datcp.
state.wi.us), or visit www.NoCall.Wisconsin.
gov/web/home.asp to obtain a registration
application packet. A client or customer on
the no call list should not be called unless the
call meets one of the telephone solicitation
exemptions.
One way to protect REALTORS® who do not
engage in cold calling but who do make followup calls and closing preparation calls is to
find a reliable way to make sure these calls do
not fall within the definition of a telephone
solicitation. All REALTORS® should confer with
their company legal counsel in developing the
company’s policies on telephone solicitations.
For example, the telephone solicitation
definition does not include:
•
•
A telephone call encouraging the call
recipient to buy property, goods or services
from a “nonprofit organization” unless sale
proceeds are subject to Wisconsin sales tax
or federal income tax. (Note: REALTOR®
firms and companies are not nonprofit
organizations.)
•
A telephone call made to a current client.
A current client is a person who has a
current agreement to receive, from the
caller or the person on whose behalf the
call is made, property, goods or services of
the type promoted by the telephone call.
•
A telephone call made to a number listed
in the current local business telephone
directory.
•
One telephone call to determine whether
a former client mistakenly allowed a
contractual relationship to lapse. (This
type of call may be made by REALTORS®
under these limited circumstances.)
•
A telephone call made by an individual
acting on his or her own behalf, not
as an employee or agent for any other
person. This exemption does not apply
to a caller who sells or promotes the sale
of property, goods or services for others.
(At first glance, this exemption might be
|
A telephone call made in response to the
call recipient’s affirmative request for the
call. (This may prove to be the best option
for most brokers who, after conferring
with legal counsel, may insert language
in all agency agreements and all broker
disclosures to customer forms along the
lines of “(Seller) (Buyer) requests but
does not require Broker to telephone
(seller) (buyer) regarding issues, goods
and services related to the real estate
transaction. This request will terminate at
such time as Broker is no longer providing
brokerage services to (seller) (buyer).”)
A telephone call made to determine a
former client’s level of satisfaction, unless
the call is part of a plan or scheme to
encourage the former client to purchase
more property, goods or services. (This
type of call may be made by REALTORS®
under these limited circumstances but
requires caution – there is a risk of the
call later being classified as a telephone
solicitation if it is deemed to be part of a
scheme or plan to sell.)
october 2009
•
A telephone call made to a party to an
existing contract that is necessary to
complete the contract. (This exemption
may apply to calls a REALTOR® makes to
the seller or the buyer regarding a listing
contract or buyer agency agreement as long
as care is taken to limit the conversation
to tasks needed to fulfill the contract or
agreement.)
For more information, visit the No Call
REALTOR® Resource page at www.wra.org/
nocall.
Kevin King is General Counsel for the WRA.
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15
A conference designed specifically for Brokers, Owners and Managers!
December 9-10, 2009 | Country Springs Hotel | Pewaukee, WI
December 9, 2009
CE – Elective F – Broker Supervision
Mel Check
Elective F is a course for those who run an office, have opened an office, or
want a better understanding of their broker’s day-to-day responsibilities.
December 10, 2009
Anticipating the Turning Point
Lawrence Yun, Chief Economist and Senior VP of
Research, National Association of REALTORS®
General Session
The Real Estate Company of the Future
Steve Murray
Is the downturn just cyclical or structural? In this session you will get a review of the foundation of successful brokerages and how consumerism and
technology will affect the business. This presentation will review existing
business models and their relative success and areas of opportunity in the
years to come.
Live Focus Group
Moderator: Dave Stark
View a live focus group of recent buyers and selers (most under 40) to hear
why they chose to work with a particular firm or agent, the level of service
they received, and what part the use of social media played in their buying
and selling process.
Workshops
Your
Path
to
Success
Blogging Solutions: 12 Great Ways to Put a Blog to Work for You
Brian Copeland
The Five Essentials for Successful Coaching and Mentoring
Rich Sands
Developing Multiple Micro Revenue Streams from Property
Management and Associated Services
Steven David
Recruiting in Today’s Environment… Agents are Online; Consumers
Too
Jon Cheplak
REGISTRATION Fees
Members
Conference With CE
Conference Only
CE Only
Non-Members
Conference With CE
Conference Only
CE Only
thru 11/23
after 11/23
ATD
$ 95
$ 69
$ 32
$105
$ 79
$ 37
$ 125
$ 99
$ 47
$115
$ 79
$ 42
$ 125
$ 89
$ 47
$ 145
$ 109
$ 57
Video Solutions: 12 Great Ways to Boost Your Business Using Video
Brian Copeland
Just When You Thought It Was Safe to Go Back Into the Water
Steve Murray
REOs and Short Sales: Expanding Your Business
Steven David
Move ‘Em Up or Move ‘Em Out…
Jon Cheplak
register to-
wra.org/managemen
nt
education
appraisal
MARK YOUR
CALENDAR
continuing education
!
WRA 2010
WINTER CONVENTION
JAN. 25TH - 27TH
LAKE OF THE TORCHES RESORT AND CASINO - LAC DU FLAMBEAU
October 19, 2009 - Brookfield
(2008-2009) 7 Hour National USPAP Update Course
October 20, 2009 - Appleton
Las Vegas CE
SOLD!
PAYLINE
October 21, 2009 - Madison
HVCC, AMC, AVM, ASC…The New ABCs of the
Appraisal Business
November 16, 2009 - Madison
November 17, 2009 - Brookfield
Appraisal Reform: New HVCC Regulation, Forms and Requirements
SOLD!
November 17, 2009 - Madison
March 1-3, 2010
Green Building
November 18, 2009 - Appleton
Flood Zones, Maps & the Appraisal Process
Out of State CE - Las Vegas
November 18, 2009 - Brookfield
Appraisal Management Companies: Policies, Procedures and Delivery of
Appraisal Reports
March 1-3, 2010
December 1, 2009 - Madison
Tuscany All Suites Hotel & Casino | Las Vegas, Nevada
Appraisal Management
Companies: Policies, Procedures and Delivery of Appraisal Reports
Great Food. Great Shows. Great Education.
December 2, 2009 - Brookfield
Fulfill your 2009-2010 real estate continuing education requirements in style. Escape the
winter weather and join the WRA in sunny Las Vegas, Nevada. Whether you enjoy the
spectacular dining or try your luck at the many casinos, this is one educational opportunity
you won’t want to miss. Choose from as many as six CE courses or electives and still have
plenty of time to catch a show on the strip. You may even be able to write it off as a business expense (check with your tax accountant)!
Addendums, Disclosures and Disclaimers
*Courses submitted for Wisconsin appraiser and assessor continuing education, as
well as Minnesota and Michigan appraiser continuing education.
www.wra.org/appce
800-279wisconsin real estate magazine
|
october 2009
17
February 8-11, 2010
Radisson Paper Valley Hotel
Appleton, WI
Statement of Ownership
n
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a
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i
E
s
e
W
D
GREEN
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GRI | CR
ns...
io
esignatiton!
D
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n
a
M ne Loca
O
What is Designation Week?
According to the National Association
of REALTORS®, designations can almost
double your income in real estate. Whether
you have a designation, want to earn more
or are working towards your first one, Designation Week offers you an opportunity to
take multiple courses in one week and make
significant progress towards earning nationallyrecognized designations – all in one location. This
year’s Designation Week will be held at the Radisson
Paper Valley Hotel in Appleton on
February 8-11, 2010.
Get yourself on track to success by putting
your education dollars to work at Designation Week.
This Year’s Designation Courses:
GRI Course 2
February 8-11, 2010
Instructors: LeRoy Houser, CRS, Kevin King, Dan Kruse,
Rob Uhrina, Doug Hoffman and Mark Porter, CRS
GRI Course 3
February 8-11, 2010
Instructors: Tom Lundstedt and Ed Hatch, CRS
CRS 201: Listing Strategies Included in GRI Course 2
February 8-9, 2010
Instructor: LeRoy Houser, CRS
CRS 202: Effective Buyer Sales Strategies Included in
GRI Course 3
February 10-11, 2010
Instructor: Ed Hatch, CRS
Marketing with Microsoft Office (CRS Elective)
February 8, 2010
Instructor: Pat Zaby, CRS
ABR Two-Day Required Course
February 8-9, 2010
Instructor: Barb McGill, ABR, CRB, CRS, GRI, and SRES
Foreclosures and Short Sales: What Buyer’s
Representatives Need to Know (ABR Elective)
February 10, 2010
Instructor: David Sayas
New GREEN Designation Course (Also ABR
Elective)
February 9-10, 2010
Instructor: Sam Martin
GREEN Residential Elective Course
February 11, 2010
Instructor: Sam Martin
register to-
wra.org/DesWeek
You may qualify for a Scholarship! GRI Scholarships are available to WRA members.
Contact your local board/association, the Wisconsin CRS Chapter, the WRA or visit
www.wra.org/GRIscholarship for application information.
This year’s deadline is January 15, 2010.
Statement of Ownership, Management,
and Circulation. Publication Title: Wisconsin
Real Estate Magazine. Publication Number: 1096-9829. Filing Date: October 1,
2009. Issue Frequency: Monthly. Number
of Issues Published Annually: 12. Annual Subscription Price: $5 Members, $60
Non-Members. Complete Mailing Address
of Known Office of Publication: Wisconsin
REALTORS® Association, 4801 Forest Run
Road, Suite 201, Madison, WI 537047337. Contact Person: Rob Uhrina. Telephone: (608) 241-2047. Complete Mailing
Address of Headquarters: Wisconsin REALTORS® Association, 4801 Forest Run Road,
Suite 201, Madison, WI 53704-7337. Full
Names and Complete Mailing Addresses
of Publisher, Editor and Managing Editor:
Publisher, William Malkasian; Editor, Terry
O’Connor; Managing Editor, Rob Uhrina;
Wisconsin REALTORS® Association, 4801
Forest Run Road, Suite 201, Madison, WI
53704-7337. Owner: Wisconsin REALTORS® Association, 4801 Forest Run Road,
Suite 201, Madison, WI 53704-7337
(same address for all). Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More
of Total Amount of Bonds, Mortgages, or
Other Securities: None. Tax Status: Has
Not Changed During Preceding 12 Months.
Publication Title: Wisconsin Real Estate
Magazine. Issue Date for Circulation Data
Below: September 2009. Extent and Nature
of Circulation (first number gives average
number of copies of each issue during
preceding 12 months; second number
gives actual number of copies of single issue published nearest to filing date): Total
Number of Copies (15,818; 15,518); Paid/
Requested Outside-County Mail Subscriptions (15,613; 15,313); Paid In-County
Subscriptions (0; 0); Sales Through Dealers
and Carriers, Street Vendors, Counter Sales,
and Other Non-USPS Paid Distribution (0;
0); Other Classes Mailed Through the USPS
(0; 0); Total Paid and/or Requested Circulation (15,613; 15,313); Free Distribution by
Mail; Outside-County (30; 30); In-County
(10; 10); Other Classes Mailed Through the
USPS (0; 0); Free Distribution Outside the
Mail (15; 15); Total Free Distribution (55;
55); Total Distribution (15,668; 15,368);
Copies Not Distributed (150; 150); Total
(15,818; 15,518); Percent Paid and/or
Requested Circulation (99.6 percent; 99.6
percent); Publication Statement of Ownership: Publication Required. I certify that all
statements made by me above are true and
complete. Rob Uhrina, Managing Editor,
September 30, 2009
Course Schedule
Visit wra.org/CourseSchedule for full schedule.
Sales & Marketing Management DateCourse
Location
*Plus books
November 5, 2009
** Early registration applies two weeks prior to
the
start of the course.
***Members
of the Wisconsin CRS Chapter will
January 13-14, 2010
receive
a $20 discount.
January 25, 2010
# Appraiser section members receive a discount.
February 17-19, 2010
Positioning Properties to Compete in the Market
(Staging) CRS Elective
ABR 2 Day Core Course
Short Sales & Foreclosures: Protecting
Your Clients Interests (CRS Core 1-day class )
New Broker Training
Madison
195
215
Brookfield
260
Lac du Flambeau^ *195 270
205
290
225
Madison
325
345
DateEvent
December 9-10, 2009
January 25-27, 2010
February 8-11, 2010
March 1-3, 2010
Management Conference
WRA 2010 Winter Convention
Designation Week
Out of State Ce
Pewaukee
Lac du Flambeau
Appleton
Las Vegas, NV
Real Estate Continuing Education Date
Course
Location
Pre-License * Plus books
October 13, 2009
October 14, 2009
October 14, 2009
October 14-15, 2009
October 15, 2009
October 15, 2009
October 19, 2009
October 21-22, 2009
October 22, 2009
October 22, 2009
October 22-23, 2009
October 29, 2009
November 3, 2009
November 4, 2009
November 5, 2009
November 10, 2009
November 11, 2009
November 12, 2009
November 12, 2009
November 19, 209
November 20, 209
2009-10 Courses 1 & 2
2009-10 Elective A
2009-10 Elective C
2009-10 Courses 1, 2, 3, & 4
2009-10 Electives C & E
2009-10 Courses 1 & 2
2009-10 Elective A
2009-10 Courses 1, 2, 3, & 4
2009-10 Courses 3 & 4
2009-10 Courses 3 & 4
2009-10 Courses 1,2,3 & 4 2009-10 Electives A & C
2009-10 Course 1
2009-10 Courses 3 & 4
2009-10 Courses 3 & 4
2009-10 Courses 3 & 4
2009-10 Electives A & C
2009-10 Electives C & E
2009-10 Electives A & C
2009-10 Courses 1 & 2
2009-10 Courses 3 & 4
315
Location
8:30 – 4:30 Green Bay
8:30 – 12:00 Sheboygan
1:00 – 4:30 Racine
8:30 – 4:30 Marshfield
8:30 – 4:30 Green Bay
8:30 – 4:30 Ripon
1:00 – 4:30 Racine
8:30 – 4:30 Wausau
8:30 – 4:30 Ripon
8:30 – 4:30 Manitowoc
8:30-4:30
Hudson
8:30 – 4:30 Ripon
1:00 – 4:30 Racine
8:30 – 4:30 Madison
8:30 – 4:30 Appleton
8:30 – 4:30 Green Bay
8:30 – 4:30 Madison
8:30 – 4:30 Appleton
8:30 – 4:30 Sturgeon Bay
8:30 – 4:30 Lake Geneva
8:30 – 4:30 Lake Geneva
DateCourseLocation
October 12-15; 19--22
ATD
$
***189
Conference and Conventions
Now available online!
Early Reg.** $Reg.
$
Sales Pre-License Course 8:00 - 5:00 Madison
$
Early Reg.**
325*
920-739-9108
920-457-7908
262-554-3940
800-279-1972 $27/m; $35/nm
920-739-9108
920-294-6850
262-554-3940
800-279-1972 $27/m; $35/nm
920-294-6850
920-553-6227
651-772-6344
920-294-6850
262-554-3940
800-279-1972 27/m; $35/nm
920-739-9108
920-739-9108
800-279-1972 27/m; $35/nm
920-739-9108
920-743-9651
262-723-6851
262-723-685
$
Regular Reg.
325*
QuickStart
sales training program
www.wra.org/QuickStartOnDemand
Sales Pre-License
October 12-15 & 19-22, 2009
QuickStart
On Demand
WRA Headquarters, Madison
The QuickStart program assists agents
in learning the business of real estate.
Courses focus on contract issues,
agency relationships and negotiating
strategies. The program is designed to
help agents become confident in their
practice as well as focused on their
personal business plan. Completion
of the QuickStart program (four days) and passing
the exams fulfills the requirements for GRI Course 1.
Visit: www.wra.org/QuickStartondemand
To obtain a real estate license
in the state of Wisconsin, you
must first complete 72 hours of
approved
education
courses
such as our sales pre-licensing
course. Second, you must pass a state-administered exam.
The WRA is offering an eight-day accelerated, 72-hour sales
program on October 12-15 and 19-22, 2009 in Madison.
For more information, visit: www.wra.org/SalesPL
|
october 2009
19
public affairs
2010 Wisconsin Elections
By joe Murray
Governor Doyle retiring
Campaign Finance reform
For 12 years, advocates of campaign finance reform have been pushing legislation to
publicly fund state political campaigns, regulate so-called “issue ads” prior to a primary or
general election, and require full disclosure of all funding sources for political spending.
With Democrats in complete control of state government for the first time in 26 years,
their chance for success may have improved.
Majority party Democrats are moving on two pieces of legislation: one is designed to
regulate the way state Supreme Court races are funded, and the other is intended to restrict
issue ad spending during peak election years.
Senate Bill 40 would provide public funding (read taxpayer dollars) for qualified state
Supreme Court candidates as well as additional funding if the candidate has money spent
against him or her by a political third party. Senate Bill 43 would restrict the use of thirdparty issue ads 60 days before an election for any state office.
With his mid-August announcement that he
is not running for re-election, Governor Jim Doyle
significantly altered Wisconsin’s political landscape
for next year’s elections. His decision to opt out of
a possible third term opens up the list of potential
candidates on the Democratic side for next year’s
gubernatorial election.
Supreme Court races in Wisconsin have become increasingly partisan and expensive over
the last 10 years. As a result, reformers seek to “insulate” Supreme Court candidates from
the duties of raising money and other common elements of a statewide political campaign.
Issue ad reformers, on the other hand, seek to reduce or eliminate third-party messages
in campaigns and “take control” of their own message. They contend third parties have
too much involvement in modern day elections and drown out the candidates themselves.
These two bills represent the immediate priorities of the current leadership, but not their
future wish list of campaign-related “reform” efforts. Watch for future Calls-to-Action on
these issues. The Wisconsin REALTORS® Association is opposed to both bills.
Potential candidates include: Lt. Governor Barbara
Lawton (already in the race), Milwaukee Mayor
Tom Barrett, 3rd District Congressman Ron Kind
from La Crosse, State Senate Majority Leader
Russ Decker from Westin, Wisconsin Department
of Commerce Secretary Richard Leinenkugel and
Executive Director of the Wisconsin Counties
Association Mark O’Connell.
Third Party watch
Doyle’s exit from the race means Democrats must
move quickly if they are serious about running.
Potential Democratic candidates were deferential to
the governor out of respect to the incumbent, but
now that he is out, they each need to maneuver for
a position in a primary that will likely have multiple
candidates.
The 2010 elections in Wisconsin may offer the kind of political environment in which
a credible third-party candidate can emerge and alter the election outcome in a significant
way. Why? Voters are extremely unhappy with both Democrats and Republicans, even if
they direct more anger at the Democrats right now. This kind of environment has a way of
producing independent third-party candidates that siphon off votes from the major parties
and tip the election outcome.
Republicans, on the other hand, have been out of
the governor’s office since 2003 and, as a result,
have been organizing and gearing up for the 2010
gubernatorial election since 2006, when GOP
candidate Mark Green was defeated by Governor
Doyle. Serious Democratic candidates must work
hard to catch up with GOP organization.
Wisconsin has a long history of third-party candidates doing reasonably well: Ross Perot in
1992 (22 percent in Wisconsin), Ralf Nader in 2000 (4 percent) and Ed Thompson in 2002
(11 percent). All three candidates lost big but had a huge impact on the eventual outcome.
Perot hurt George H. W. Bush and helped the Assembly GOP pick up seven seats in 1992;
Nader kept the race close in Wisconsin in 2000 and arguably kept Al Gore out of the White
House (Florida); and Thompson may have cost Scott McCallum the governor’s race and
helped Senate Republicans win their majority in 2002.
Republican gubernatorial candidates include:
Milwaukee County Executive Scott Walker (already
in the race), former First District Congressman
Mark Neumann from Janesville (already in the
race), Appleton businessman Mark Todd (already
in the race), former GOP Senate candidate Tim
Michels from Brownsville and Madison lobbyist Bill
McCoshen.
20
Credible third parties can do well in Wisconsin under the right circumstances and those
factors could be present in 2010.
Joe Murray is Director of Political & Governmental Affairs for the WRA.
|
october 2009
news.wra.org
public affairs
and devoted a substantial amount of time
counseling the group on both useful and not
so useful ideas throughout the process.
The task force remains in place in order to
review additional information and possible
future
recommendations.
Its
report,
released on September 9, 2009, included the
following legislative as well as non-legislative
recommendations.
Legislative Recommendations
Mortgage & Foreclosure Education Standards
In an effort to educate consumers on the risks
and benefits of various mortgage options,
require an overview of mortgage instruments,
the risks and benefits of each, and the causes
of home foreclosures to be incorporated into
the model academic standards for personal
financial literacy.
Appraiser Licensure
Foreclosure legislation
proposed
Speakers Task Force Recommendations Introduced
By michael theo
A task force appointed earlier this year
by Assembly Speaker Mike Sheridan has
advanced recommendations for legislative
and non-legislative programs designed to
address the dramatic rise in home foreclosures
in Wisconsin. The Wisconsin REALTORS®
Association had representation on the task
force and supports its report.
divorce and serious illness as the primary
causes of foreclosures, but also reviewed the
role of sub-prime lending practices and other
financing-related causes. The task force held
public hearings across the state, receiving
testimony from affected individuals as well
as housing and banking experts in Madison,
Green Bay, Milwaukee, Baraboo and Eau
Claire.
The task force was formed to investigate ways
the state could constructively address the
nearly 30-percent increase in Wisconsin’s
foreclosure rate between 2008-2009. The
task force correctly identified unemployment,
The WRA was ably represented on the task
force by REALTOR® Laurie Logan from the
Madison area. Laurie brought her extensive
experience and expertise to the task force,
|
october 2009
In an effort to address inaccurate and possible
fraudulent appraisals, require all appraisers
in Wisconsin to be licensed by the state.
Wisconsin is one of only four states that do
not require appraisers to be “licensed.”
Abandonment Notification
In an attempt to expedite the foreclosure
process to minimize the length of time a
property sits vacant, require a county clerk
of courts to notify a municipal clerk when a
home has been declared abandoned through
the necessary judicial process.
Fiduciary Duties of Mortgage Brokers
In order to protect consumers seeking
mortgage loans, require mortgage brokers to
place their clients’ financial interests above
their own, similar to what is required for real
estate brokers.
Foreclosure Legislation ... continued on page 22
21
Wra Launches facebook and youtube $8,000
tax credit videos
The WRA has launched three final online video commercials to help you promote the $8,000 home buyer’s
tax credit in the final days of the program. REALTORS® are encouraged to embed these videos into their Web
sites or directly on their social media pages. Visit the Web sites below and follow the embed instructions to
utilize these videos in your online marketing efforts.
Referrals
Serving&Rhinelander
Surrounding Communities
Tom Kuczmarski
GRI, CRS, e-PRO
Broker Associate
cell:715-367-4205
email: [email protected]
Century 21 Pine Point Realty
Embed $8,000 video from the following networks:
www.PinePointRealty.com
Western Wisconsin &
Southeast Minnesota
Wisconsin REALTORS® Association
Facebook.com/wisconsinrealtors
Wra.org/youtube
(Licensed in Both States)
Wra.org/taxcreditcommercials
Serving
La Crosse and
Surrounding
Communities
Foreclosure Legislation ... continued from page 21
Non-Legislative Recommendations
Encourage Schools to Focus on Financial
Literacy
Recommend that school districts in Wisconsin
be encouraged to focus on financial literacy
issues and, where beneficial, encourage schools
to partner with outside financial literacy
organizations to educate students on personal
financial issues including mortgage and
foreclosure topics.
Encourage Statewide Foreclosure Education
Campaign
Create a statewide foreclosure education
campaign, including information resources
available to the public, as well as past and
future legislation to provide homeowner and
renter protections. As part of this process,
identify the Wisconsin Housing and Economic
Development Authority as the central source of
information and expand its current foreclosure
education Web site. In addition, encourage
legislators to incorporate foreclosure education
into their public service announcements,
newsletters and other communications with
constituents.
Study Issues of Lenders Abandoning Foreclosed
Properties
Recommend further study for solutions for
instances in which lenders sue for foreclosure
but then never take title. In these cases,
22
the original homeowner is left holding the
title while under the impression the house
is no longer his or hers. This also leaves
municipalities with back taxes, fees and other
related costs.
Study Issue of Renter/Non-owner-occupied
Foreclosures
Recommend further study of the unique
circumstances surrounding foreclosures of
rental properties and procedures involving
tenants. (The task force noted that legislation
known as the Tenant Protection Act has
already passed the Legislature earlier this year.
See related article from Wisconsin Real Estate
Magazine, May 2009, online at news.wra.org/
story.asp?a=1116.)
Encourage Municipalities to Stay Informed of
Local Foreclosures
Recommend municipalities take steps to
stay appraised of their local foreclosures by
obtaining foreclosure notices from their local
courts, which are available to the public prior
to the abandonment proceedings.
Jo Baldridge,
CRS, GRI, CHMS
|
october 2009
[email protected]
www.JoBaldridgeRealtor.com
Serving Clients on Both Sides of the Mississippi
Dane County
Robin Winistorfer MBA Becky Alexander
608-320-1410
608-669-SOLD (7653)
Full-time Real Estate Advisors & Consultants
Specializing in: • Buyer Representation
•
•
Waterfront Properties
Vacant Land
www.RealEstatebyRobin.com
METRO-MILWAUKEE
The WRA will now work with legislative
leaders in the drafting and introduction of the
bipartisan recommendations for legislation.
For further information, contact Michael Theo
at [email protected].
Michael Theo is Vice President of Legal and Public
Affairs for the WRA.
608-797-0337
Joe Schwalbach
262.366.1153
Relocation Specialist
Not Your Average Joe!
[email protected]
news.wra.org
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The place to go to buy or sell a business.
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David
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Masterjohn
(866)312.8847
(715)635.8002
[email protected]
Steve T. May, Business Broker
262-901-0086
[email protected]
www.sunbeltnetwork.com
Serving all of Wisconsin • Send Business Referrals
Cheryl L. Eskridge
623-694-0354
26487F
www.marydrefs.com
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PETE MORGAN
Broker/Owner
715.356.2121
800.555.4548
www.northwoodsfirst.com
Broker Associate
ABR,CRS,GRI,PMN
Direct Ph: 512-749-6833
I love referrals!!
[email protected]
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T RICIA C RAMER
• broker/owner
• [email protected]
C HRIS C RAMER • broker/owner
[email protected]
CRB / CRS / ABR
920.854.9799
TM
|
october 2009
www.PremierDoorCounty.com
23
public affairs
New Legislation Introduced to Help
Struggling TIF Districts
By tom larson
While much of the media attention has focused on the decline in the housing market, the national economic downturn
has also negatively affected the commercial real estate market and a growing number of tax incremental districts (TIDs) across
the state. To address this issue, Sen. Jim Sullivan (Wauwatosa) and Rep. Louis Molepske (Stevens Point) have introduced
legislation (SB 291) that will provide local municipalities with more options for managing struggling TIDs.
Background
Tax increment financing (TIF) is a public financing tool that uses future gains in taxes to finance public
improvements, infrastructure and buildings to promote economic development in an area. Over
the years, TIF has become one of the most important and effective economic development
tools for Wisconsin communities. However, because of the downturn in the economy, tax
increments within the TIDs have declined due to reductions in the value of existing property
located within the TIDs, increased foreclosures of building projects within the TIDs and
economic development projects being delayed or withdrawn due to diminished demand
and new restrictions on financing.
TIDs experiencing a decline in increment collection or the failure of projected increment
to materialize may be unable to meet financial obligations that they have already
incurred. In most cases, if a TID is unable to meet financial obligations, the taxpayers
would be required to make up any shortfall in revenue. However, if taxpayers are unable
or unwilling to satisfy the TID’s financial obligations, the community could go into
default on loans, which could have significant impacts on the community, including
increased future cost of credit, inability to obtain credit and/or a halt in economic
development in the community.
Proposed Legislation
To provide local communities with some additional tools to help prevent TIDs from going
into default, SB 291 would do the following:
•
•
Authorize communities to extend the economic life of an existing TID up to 40 years if the following
conditions are met:
◦◦
the TID must demonstrate a gap between TID revenues generated and the debt service on obligations
issued to finance TID project costs;
◦◦
the gap must be certified by the municipal clerk; and
◦◦
various procedural requirements must be met, such as holding a public hearing and
obtaining approval from the city council/village board, joint review board and state
Department of Revenue.
Expand revenue-sharing/pooling opportunities for such TIDs by authorizing:
◦◦
a donor TID to have a life that matches the recipient TID, but in no case longer
than 40 years (a donor TID is a tax increment district that allocates positive
tax increment [beyond what is necessary to pay its project costs in that year] to
another TID [recipient TID] that is struggling to meet its financial obligations);
or
◦◦
distressed TIDs, which are industrial or mixed-use TIDs, to be recipients of
sharing/pooling amendments.
The legislation is supported by the Wisconsin REALTORS® Association, the League of
Wisconsin Municipalities, the Wisconsin Economic Development Association, the Wisconsin
Bankers Association and the Wisconsin Builders Association.
For more information, please contact Tom Larson ([email protected]) at 608-241-2047.
Tom Larson is Director of Regulatory and Legislative Affairs for the WRA.
24
|
october 2009
news.wra.org
CRS
FOCUSED
SUCCESSFUL
KNOWLEDGEABLE
RESOURCEFUL
NETWORKED
RESPECTED
TRUSTED
THE PROVEN PATH TO
SUCCESS
There’s no denying the power of connections. Only one organization links top residential real estate
professionals in a coast-to-coast network represented by three little letters. CRS delivers the education,
resources and connections agents need to achieve their goals.
Start your journey today at WWW.CRS.COM
FOCUS YOUR BUSINESS ON FORECLOSURES
Low home prices, government incentives and the Wisconsin neighborhood advantage make it a great time for your
customers to buy a home.
The Wisconsin Neighborhood Advantage loan is available to buy foreclosed
and vacant single family homes in Brown, Kenosha, Milwaukee, Racine, and
Rock counties.
n affordable 30-year fixed interest rate
n Job loss mortgage payment protection
n Built-in financing for home repairs
n several forms of down payment assistance
ELIGIBLE FIRST-TIME HOME BUYERS CAN USE THE
FEDERAL HOUSING TAX CREDIT WITH THIS LOAN.*
Home buyer education is required. income and purchase price limits do apply. For more information,
call WHEda® at 800.334.6873 or visit the real Estate professionals section at www.wheda.com.
* Must purchase home by December 1, 2009 to eligible for the tax credit.
Wisconsin Neighborhood Advantage is not funded by WHEDA Tax Exempt Mortgage Revenue Bonds. It is a limited
time offering made possible by funding from the Wisconsin Department of Commerce and the Neighborhood
Housing Services of America. Loans are available on a first-come, first serve basis. Wisconsin Neighborhood
Advantage is the only WHEDA mortgage loan product that is available.
W i s co n s i n H o u s i n g a n d E co no m i c d E v E lo pm E n t au t H o r i t y
201 West Washington Ave n Madison, WI 53703 n 800.334.6873 n www.wheda.com

10must-have - Wisconsin REALTORS® Association

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