NEW LAWS - Virginia Association of Realtors

Transcription

VARealtor.com
Commonwealth
The magazine for Virginia’s real estate professionals
JULY 2016
2016 Legislation:
What REALTORS®
Need to Know
Roadmap to
NEW
LAWS
1
5
Signed by the
Governor
VAR Legislative Agenda
3
2
4
General Assembly
Bill Passes through
Both Houses
REALTOR® Friendly
Legislators
INSIDE
2016 New Laws 20
Website ADA Requirements 15
Your new buyer’s best shot.
•
•
•
•
Here are four ways VHDA can help make homebuying a slam dunk for first-timers:
Down Payment Assistance Grants: vhda.com/downpayment
Mortgage Credit Certificates (tax credit for first-time buyers): vhda.com/MCC
Free First-time Homebuyer Class (online or in person): vhda.com/FreeClass
VHDA-approved Lender Locator: vhda.com/FindALender
Virginia Housing Development Authority | 877-VHDA-123
President’s Message
William A. “Bill”
White Jr.
2016 President
Virginia Association
of REALTORS®
Virginia REALTORS® continue to
build professional relationships with area
legislators and advocate on behalf of the
real estate industry. Creating awareness
and an opportunity for open dialogue
is essential for a successful legislative
process. REALTORS® are helping to
make sure that our voices are heard.
Each year the VAR Public Policy
Committee (PPC) embarks on the
long process to review, discuss and
recommend legislative priorities for the
next Virginia General Assembly session.
The process begins with ideas being
submitted by local associations and
individual REALTORS®. Those ideas are
researched and vetted by the PPC and
VAR staff. Finally the recommendations
are reviewed and ultimately approved
by the VAR Board of Directors.
During the Day on the Hill event,
REALTORS® had the opportunity to sit
down with local legislators and let them
know where VAR stands on bills that
have an impact on our businesses and
on our fellow Virginians, homeowners
who value their property rights and
their investments.
More than 2,000 bills were
introduced during the 2016 General
Assembly session in the House and
Senate. Of those, about one-third of
those bills ultimately passed both
houses and were signed into law.
Through the powerful lobbying
of our association, and through your
advocacy, each of these measures was
passed by the General Assembly and
was signed by Governor Terry McAuliffe
and enacted into law.
•House Bill 567 - Agency &
Licensing Revisions
•House Bill 741 & Senate Bill
453 – Home Inspector Licensing
•House Bill 684 - Common Interest
Community (POA; COA)
So, enjoy this issue of Commonwealth
and the successes – your successes – that
it spotlights. Thank you for uniting to
make the Virginia Association of
REALTORS® a leader in business advocacy.
Warm regards,
Bill White
2016 VAR President
Summer 2016 | Commonwealth
1
volume 23 /issue 1
20
ONLINE
IN PERSON
7
DOCUMENT
6
VIDEO
8
Website ADA Requirements
Does Your Website Meet ADA Requirements? page 15
2016 New Laws
VAR Initiated Bills page 20
8
QUICK HITS
6 REALTOR® University Graduates
8 In Memoriam: Jane Wallace
8 Celebrating the Partnership of Homes
for Troops
9 Highlights - 2016 NAR Member Profile
RISK MANAGEMENT
10 Legal Lines
12 Life Lessons
IN EVERY ISSUE
1
27
34
36
2 Commonwealth | Summer 2016
President’s Message
RPAC Report
Profiles
Contact VAR
AUDIO
PHOTOS
TOOL
PHONE
The EXIT
A career in real estate provides a
fabulous financial opportunity! What
a tremendous vocation for sales
oriented individuals who understand
the value of servicing the customer.
Few professions allow for such
personal freedom with unlimited
earnings potential.
However, we can never lose sight
that real estate is a cyclical business
with highs and lows. The time to
position yourself for future success
is right now! Having an advantage
in this business is imperative. And
there are only three ways to do this.
They are: more effective training,
marketing practices to set yourself
apart from your competition, and
new cash flow streams to give you
financial leverage.
Most agents who have been in
the business for any length of
time would agree that if they had
a coach, or a better coach, they
would be doing better business.
The truth is that the nuts and bolts
of selling and salesmanship aren’t
the mandate or the responsibility
of the real estate boards. So
who should be responsible? The
greatest vested interest in real estate
brokerage is with the owner. This
individual has the most to gain, and
lose. Untrained agents not only hurt
the productivity and viability of the
brokerage operation, they are also
most in personal jeopardy when
there are negative shifts in market
conditions.
The multiple award winning EXIT
business model improves the lives
of REALTORS®! Innovative training
programs that come directly to your
office, taught by top producers,
provide the necessary skills and
sales professionalism to take you
to the next level in your career.
And, backed by leading edge
technology, EXIT has put the agent
in the driver’s seat to create a career
as big as they can see it.
EXIT demonstrates how agents
can effectively market themselves,
setting themselves apart from the
competition under any market
conditions. And EXIT’s hallmark
training is focused on the value of
the relationship with the customer
to drive future business. EXIT’s
integrated training and systems are
designed to allow agents to create a
presence for themselves even with
minimal financial investment.
And, a first and only one of its kind
in the industry, single-level residuals
provide funding for training and
marketing as well as retirement and
beneficiary benefits for agents in a
business that has traditionally never
given consideration to the family
and lifestyle of REALTORS®. In
any market, EXIT Realty’s effective
training programs make the
difference between surviving and
thriving in your real estate career.
IN A COMMISSION BASED BUSINESS
CAN YOU REALLY LEAVE YOUR CAREER
TO CHANCE? COME IN CLOSER AND
LEARN FOR YOURSELF WHAT EXIT
REALTY CAN DO FOR YOU!
PRIME FRANCHISE TERRITORIES AVAILABLE
Call Nancy & Tom Shaver
EXIT Realty Virginia Team
800-906-3948
804-387-4758
www.EXITVA.com
w w w. e x i t v i r g i n i a . c o m
[email protected]
What’s Online
Commonwealth
SOCIAL
PUBLISHED BY THE VIRGINIA
ASSOCIATION OF REALTORS®
VAR wants to keep you in the loop wherever you might be. Check out all the places where
you can find VAR products, services, and information designed to keep you updated with
the Virginia real estate market.
FACEBOOK facebook.com/VARbuzz
Open to all members; just click the “like” button to start receiving updates.
LINKEDIN linkedin.com/groups/Virginia-Association-REALTORS-31801
Exclusively for VAR members to have discussions and trade referrals.
The Business Advocate for Virginia
Real Estate Professionals
Virginia Association of REALTORS®
10231 Telegraph Road
Glen Allen, VA 23059
General Office Hours: 8:30 am - 5:00 pm
Tel. (804) 264-5033
Fax (804) 262-0497
E-mail [email protected]
For advertising information,
call Melanie Roberts, Director of Sales,
[email protected]
or (804) 622-7949.
TWITTER twitter.com/VARbuzz
The latest info in a convenient snack size.
The mission of The Virginia Association of REALTORS® is
to enhance its membership’s ability to achieve business
success. Commonwealth magazine (ISSN#10888721)
is published quarterly by the Virginia Association of
REALTORS®, 10231 Telegraph Road, Glen Allen, VA 230594578; (804) 264-5033. Virginia Association of REALTORS®
members pay annual dues with a one-year subscription
included within their dues. Periodicals postage paid at the
Glen Allen, VA post office and additional mailing offices.
USPS Per. # 9604.
COMMONWEALTH DAILY
Postmaster: Send address changes to: Commonwealth
magazine, 10231 Telegraph Rd., Glen Allen, VA 23059-4578
Custom Design Services provided by
John Romeo & Associates
Commonwealth magazine by the Virginia Association
of REALTORS® is licensed under a Creative Commons
Attribution-NonCommercial-NoDerivs 3.0 Unported
License.
Commonwealth Daily is our electronic newsletter with news, tools, events, and more.
Look for it in your inbox!
COMMONWEALTH APP
VARealtor.com
Commonwealth
The magazine for Virginia’s real estate professionals
JULY 2016
2016 Legislation:
What REALTORS®
Need to Know
Roadmap to
NEW
LAWS
1
5
Signed by the
Governor
3
2
4
General Assembly
Bill Passes through
Both Houses
REALTOR® Friendly
Legislators
GET THE APP
INSIDE
2016 New Laws 20
Website ADA Requirements 15
Get Commonwealth on your
Android, iPad, or Kindle
tablet at VARealtor.com/
Commonwealth
www.hfotusa.org
Special thanks to the
for your continued support of our mission.
Help us build specially adapted homes for
America’s most severely injured Veterans.
https://www.myhfotusa.org/VirginiaREALTORS
A Top-Rated Veterans
& Military Charity
Quick Hits
GO ONLINE
Learn more about
REALTOR® University
online at realtoru.edu
/MREgraduates
Congratulations to our two
REALTOR® University Graduates!
By Carley Dobson, Marketing Communications Specialist
On May 13, 2016, REALTOR® University held a commencement ceremony for its third graduating class. All 12
graduates are either residential and commercial real estate professionals or staff of REALTOR® associations.
Two of the graduates are members of the Virginia Association REALTORS® (VAR).
The Master of Real Estate (MRE) degree prepares real estate professionals with the core fundamentals and
principles they need to be competitive in today’s and tomorrow’s real estate industry. It is an online program
composed of eight-week sessions conducted six times throughout the year.
Our two VAR graduates are Tanya Monroe, member, Hampton Roads REALTORS® Association (HRRA) and
Jill Parker Landsman, staff, Northern Virginia Association of REALTORS® (NVAR).
Tanya Monroe, Managing Broker, Berkshire Hathaway HomeServices Towne Realty has worked in
real estate for 17 years and in mortgage banking for 23 years. As an active member of Hampton Roads
REALTORS® Association (HRRA), Tanya has served on the Board of Directors for several years, chaired
the Owners-Managers Council, served on the “I am one” Advisory Committee, the Circle Of Excellence
Audit Committee, and the Women Council of REALTORS® (WCR). In 2015, she received HRRA’s Chairman
Award for Outstanding Service. Outside of HRRA, Tanya serves on the REIN MLS Sales Managers
Advisory Committee (SMAC). At Virginia Association of REALTORS® (VAR), Tanya serves on the Board
of Directors and previously
on the Standard Forms
Subcommittee and Risk
Management Committee.
Tanya says graduating with
her Masters of Real Estate
(MRE) degree is her greatest
accomplishment, and is the
“cherry on top” of her real
estate career!
“My experience as a REALTOR®
University student has inspired
me to pursue a Ph.D. This has
been a great base for me to say
that I can do it, I will do it, and
I will accomplish it.” — Tayna Monroe
Jill Parker Landsman, Vice President of Communications & Media Relations,
Northern Virginia Association of REALTORS® (NVAR), has over 33 years of
experience in the communications industry. In her career, Jill has worked in a
communications role at a newspaper, a magazine and two other non-profit
associations. Jill has been at NVAR since 2006. She is dedicated to serving as a
volunteer in both the communications industry and real estate industry. In
communications, Jill is an active volunteer leader with the Public Relations Society
of America (PRSA), where she serves as the chair of the PRSA Thoth Awards. In real
estate, Jill has served on the board of Housing & Community Services of Northern
Virginia, the Fairfax County Housing Task Force and the Virginia Housing Development
Authority Board. In 2015, she was appointed to serve on the Research Committee of the
National Association of REALTORS®
(NAR). That same year, Virginia
Association of REALTORS® (VAR)
presented Jill with the Omega Tau Rho
Award. Now, as a REALTOR® University
graduate with her Masters of Real
Estate (MRE), Jill has another notable
accomplishment to celebrate.
“I applied what I studied in classes
immediately, learning more about
marketing, ethics, appraisals, the law,
banking, mortgages and trends helped
me appreciate what our members must
understand.” — Jill Landsman
7
Quick Hits
/VARnews
/partnership
In Memoriam:
Jane Wallace
By Jenny Wortham, Director of
Community Outreach and Chip
Taylor, member of Fredericksburg
Area Association of REALTORS®
In memoriam, we recognize Jane
Wallace, a Fredericksburg Area
Association of REALTORS® (FAAR)
member and longtime REALTOR®
who passed away in early December. Jane was deeply
committed to the success of her peers, serving the Fredericksburg and REALTOR® communities with passion.
Honoring her legacy, members and affiliates of FAAR
met in downtown Fredericksburg during the 2015 holiday
season to share the spirit of giving. The group embarked
on ‘Random Acts of Kindness’ with more than $1,000
that had been collected through their ‘Charitree.’ In the
days before Christmas, FAAR REALTORS® handed out
cash and gift cards randomly to unsuspecting recipients, including individuals and families on the street,
policemen, a soldier, employees of local establishments,
guests in the library and passing drivers. The surprised
reactions and beaming smiles were priceless, as people
shared their thanks through hugs and joyful tears with
the REALTORS® handing out gifts.
For FAAR members, it was fitting to honor Jane’s life
and sincere giving spirit by offering ‘Random Acts of
Kindness’ in the city she loved. They plan to continue
the generosity as an annual tradition, remembering
Jane Wallace each year by uplifting the lives of her
neighbors. Inspiring kindness and service in others,
a beloved member’s impact lives on in perpetuity.
Virginia REALTORS® celebrate the
success of partnering with Homes
for Our Troops
By Jenny Wortham, Director of Community Outreach
The Virginia Association of REALTORS® (VAR) won recognition
on Wednesday, May 18th, for the public relations campaign
that announced our inaugural sponsorship of Homes for
Our Troops. Honored at the 69th annual Virginia Public Relations Awards ceremony, VAR won the Community Relations
Excellence Award for outstanding public relations tactics
that were implemented as part of a larger public relations
program. Our campaign to support Homes for Our Troops
and to build awareness of the organization and REALTOR®
partnership is a priority for VAR because it highlights the
commitment of our members to finding the best housing for
veteran and military families and for all Virginians. Through
media relations, member messages, and strategic marketing,
the Virginia Association of REALTORS® proudly promotes
the impact of our 31,000 members.
With your commitment to Homes for Our Troops and
communities throughout Virginia, and through your expertise and professionalism, we’ll keep making news. As you make
homes a reality for veteran heroes and every Virginia neighbor,
we proudly share your impact and celebrate together the
meaning of being a REALTOR®.
FOR MORE INFORMATION
Contact Jenny Wortham, VAR Director of
Community Outreach at [email protected].
/memberprofile
Highlights from the 2016 NAR Member Profile
By Christine Hodges, Vice President of Marketing & Communications
2016 NAR MEMBER PROFILE
Based on a random sampling of NAR’s membership, the Member Profile strives to answer the question: Who are REALTORS®? It
looks at a variety of economic and demographic characteristics, and business practices.
BUSINESS CHARACTERISTICS OF REALTORS®
•Sixty-five percent of REALTORS® are licensed
sales agents (up from 58 percent in 2014), 21
percent hold broker licenses, and 16 percent
hold broker associate licenses.
•The typical REALTOR® has 10 years of experience,
down from 12 years in 2014.
•Sixteen percent of members have at least one
personal assistant.
•Fifty-four percent of REALTORS® reported having
a website for at least five years, 11 percent reported
having a real estate blog, and 70 percent of members
are using social media, up from 65 percent in 2014.
•The most common information found on REALTOR®
websites is the member’s own listings and home
buying and selling information.
•Eighty-three percent of REALTORS® are very
certain they will remain active as a real estate
professional for two more years.
DEMOGRAPHIC CHARACTERISTICS OF REALTORS®
•The typical REALTOR® is 53 years old, white, female, has
attended college, and is a homeowner.
•Sixty-two percent of all REALTORS® are female, up from
58 in 2014.
•Sixteen percent of REALTORS® had a previous career
in management, business, finance, sales, or retail. Only
four percent of REALTORS® reported real estate was
their first career.
•Seventy-four percent of REALTORS® said that real estate
was their only occupation, and that number jumps to 86
percent among members with 16 or more years of experience.
•The median gross income of REALTOR® households was
$98,300 in 2015, a decrease from $106,800 in 2014.
•The majority of REALTORS®—81 percent—own their
primary residence.
•Eighty-three percent of REALTORS® are very certain
they will remain active as a real estate professional
for two more years.
The study can be ordered by calling 800-874-6500, or online at www.
realtor.org/prodser.nsf/Research. The profile is free for credentialed
media and costs $14.95 for NAR members and $149.95 for nonmembers.
9
Risk Management
LEGAL LINES
Teams: Common Questions and Answers
By Blake Hegeman, CAE, Deputy General Counsel
Teams are becoming more common within firms and there is not a great deal of regulatory or
statutory guidance regarding their legal functioning. This article will focus on common questions
VAR’s Legal Department receives about teams.
What is a team?
There is no formal definition in the Code of Virginia or Virginia
Real Estate Board (VREB) Regulations. Generally, teams
consist of two or more associate brokers or salespersons (or
a combination of both) that work together regularly; hold
themselves out to the public as being one entity; and refer
to themselves by a common name.
I have a team in my office doing business as John Doe
Real Estate that wants to use their own signs. They
have developed a sign that makes it appear as if John
Doe Real Estate is the real estate company, and they
only want to install a sign rider with the name of my
firm. Is that ok?
The sign sounds very ill-advised. It’s inevitable that it will
create the impression to the public that John Doe Real
Estate is a brokerage firm, which could present ethical and
regulatory concerns of presenting less than a true picture
in advertising and misrepresentation.
So, “John Doe Real Estate” should not be used as a team name.
Teams also should avoid “realty,” “real estate,” “properties,”
“land,” “associates,” and similar terms in the names of teams
so as not to confuse the public.
May I pay a team directly or do I have to pay the
individual licensees?
Brokers may pay only licensees, whether individuals or entities.
So if agents in your firm form a team, but don’t create and
license a business entity, you continue to pay the team members
individually. However, if they form an LLC called “The Jones
Team, LLC” and get it licensed at DPOR as a business entity
salesperson, you can then pay the entity, and the owners can
distribute the payments according to their rights.
I’m the principal broker of a large firm office and I
have a large team in my office that is managed by a
team leader. The team is licensed as a business entity
salesperson through the VREB. Is the team leader
responsible for the actions of the team members?
Below are two important provisions from the VREB Regulations
that help answer this question:
•The principal broker shall have responsibility for the activities of
the firm and all its licensees. (18 VAC 135-20-10. Definitions.)
•“Supervising broker” means (i) the individual broker who shall be
designated by the principal broker to supervise the provision of real
estate brokerage services by the associate brokers and salespersons
assigned to branch offices or (ii) the broker, who may be the
principal broker, designated by the principal broker to supervise a
designated agent as stated in § 54.1-2130 of the Code of Virginia.
(18 VAC 135-20-10. Definitions.)
There is no definition for teams or team leaders in the
VREB Regulations and the principal or supervising broker
is responsible for the actions of the team and its members.
Therefore, principal or supervising brokers must take
responsibility for actively supervising all licensees affiliated
with their firm, teams and team members included.
LEGAL HOTLINE
The free VAR
Legal Hotline is
available Monday
through Friday,
10 a.m. – 4 p.m.
for principal
and supervising
brokers. Free
registration is
required. Have
your NRDS ID
number available.
Phone:
(804) 622-7955
E-mail: hotline@
VARealtor.com
(include your
full name, phone
number, and
NRDS ID).
The Legal Hotline
provides legal information, not legal
services; it should
not replace your
own legal counsel.
We will not answer
questions on matters unrelated to
real estate or real
estate brokerage, nor can we
help with pending
arbitrations.
11
Risk Management
LIFE LESSONS
The opinions or views expressed herein are those of the author and
do not necessarily reflect the opinions and/or recommendations of
the Virginia Association of REALTORS®. For further information
and/or consultation, please contact the author directly.
Improper Form
By Kathleen Toler
THE SITUATION
In early October, the Harmons entered into a contract with
Vicki Tate, principal broker of Tate & Malone Realty, to sell
their house. After overhearing Tate’s telephone call with the
Harmons that they wanted a house sitter for their property while it was on the market, Tate’s secretary, Melinda
Caldwell, volunteered. She and her fiancé moved into the
house shortly thereafter.
Caldwell and her fiancé enjoyed living in the Harmons’
house, and she told Tate she was interested in buying it.
When Tate told her that she probably couldn’t afford it,
Caldwell revealed that she expected to receive a large court
settlement in December. Tate engaged Caldwell as her
client without a written brokerage agreement.
When Caldwell made the Harmons an offer to purchase the
house, the Harmons rejected it and countered. Caldwell agreed
to the revised offer and also signed a dual representation form
allowing Tate to represent both the buyer and the sellers.
Tate asked the Harmons to sign the disclosure form, but
they said they were not comfortable with dual representation. She explained that it was done all the time and it was
her decision, but the Harmons never signed the form.
Although Caldwell and the Harmons ratified the contract
on November 20th, Tate didn’t deposit Caldwell’s $1,000
earnest money deposit into her firm’s escrow account until
December 4th. Unfortunately, the court settlement that
Caldwell thought she was going to receive never materialized.
On March 30th, Caldwell emailed the Harmons directly and
told them the deal was off.
Caldwell receiving the court settlement, Tate believed that
Caldwell was due the earnest money deposit. However, Tate
never received the signed release back from the Harmons.
They told investigators that they had requested the earnest
money deposit from Tate, and she told them that it was her
decision to return it to Caldwell.
THE INVESTIGATION
During the Board’s investigation of the Harmons’ complaint,
Tate claimed the Harmons never told her that they were
uncomfortable with dual representation. Her explanation
for not having a written brokerage agreement with Caldwell
was that she was only interested in purchasing the Harmons’
house and did not show her any other properties.
Tate also said that around the beginning of April, she
discussed returning the earnest money deposit to Caldwell
with the Harmons. Since the contract was contingent upon
THE RESULT
The Board determined that Tate failed to provide Caldwell
a written disclosure of brokerage relationship, nor did she
obtain the Harmons’ written consent of dual representation.
She failed to deposit the earnest money deposit into her
firm’s escrow account within five banking days of the contract ratification, and she also disbursed the earnest money
deposit from the escrow account without the agreement of
all parties to the transaction. Tate was fined $1,500 and was
required to complete six hours of continuing education.
LIFE LESSONS
The opinions or views expressed herein are those of the author and
do not necessarily reflect the opinions and/or recommendations of
the Virginia Association of REALTORS®. For further information
and/or consultation, please contact the author directly.
All in the Family
By Kathleen Toler
THE SITUATION
While the Chandlers planned to relocate from Nebraska
to Virginia, they found a house to rent online. In early July,
they contacted the leasing agent, Hannah Pratt of Maple
Lane Realty & Relocation, and explained that they would
not be in Virginia until the end of August. Since their application had been approved, Pratt said they would work out
the details later.
Five days later, Pratt left a frantic message with the
Chandlers. She said that if they wanted to rent the property,
they had to send a deposit check for $1,950 to hold the
property or she was going to rent it to someone else. The
Chandlers agreed to send the deposit, but they asked for
a lease agreement. Pratt emailed the Chandlers the lease
agreement the next day, but they didn’t sign and return it
because they wanted to have a lawyer review it.
The Chandlers had planned to meet Pratt at the house
in late August so they could see the property and sign the
lease. In the meantime, they disagreed with Pratt about
utilities and cosmetic concerns at the property. The Chandlers
thought Pratt’s attitude was unprofessional and decided not
to rent the house. They asked her to return their deposit.
Pratt refused to return the deposit and told them to take
her to court. The Chandlers met with her supervising broker,
Inez Morales, to complain. According to the Chandlers, Pratt
said she felt entitled to keep some of the deposit money for
holding the property for them without a signed lease.
Morales contacted Pratt and demanded her to return the
Chandlers’ deposit, which she did the next day. Morales said
she knew from the Chandlers’ story that Pratt was way out
of line. She fired Pratt on August 29th and filed a complaint.
THE INVESTIGATION
During the Board’s investigation, Pratt said she kept the
Chandlers’ deposit check because it took so long to receive
it. She had asked them to make the check payable to her and
cashed it. She said she had no intent to keep the Chandlers’
money, but she was emotionally involved with the property
because her husband and son were the landlords.
Morales noted that Pratt did not change the status of the
listing in MRIS although the Chandlers had sent her their
deposit. She also kept the Chandlers in the dark about her
family ownership of the property.
THE RESULT
The Board found that Pratt did not update the property’s
MRIS status or keep her supervising broker informed of her
personal real estate transaction. She should not have accepted
a check made to her personally and she failed to disclose her
family conflict of interest in writing to her clients.
13
Risk Management
created a Standard Clauses Booklet that
is reviewed and updated regularly.
The Standard Clauses Booklet contains
sample language that agents can use
when a common situation arises, but
is not covered by an existing form. By
using these standard clauses in the
additional terms paragraph of the
sales contract, or a written addendum,
agents do not have to risk practicing
law without a license and can ensure
the language is drafted correctly. All of
the standard clauses are intended to
work with the VAR standard forms and
use similar language, so the clause can
be added seamlessly to a form.
The Standard Clauses are broken
into ten categories: Agency, Appraisal,
Contingencies, Financing/Escrow, Home
Inspections, Property/Legal Description,
Property Management, Miscellaneous,
Settlement/Possession and Risk
FORM FACTOR
Standard Clauses
Booklet
By Laura Farley, Deputy General Counsel
Members often contact Virginia
Association of REALTORS® (VAR) looking
for contract language to cover less common situations, such as a buyer agent
who has shown their client a property
that is for sale by owner. Another concern we frequently hear from members
is that the forms are already long enough
and adding more paragraphs to cover
situations that do not occur frequently
can create an unwieldy contract. To
address both of these viewpoints, the
VAR Standard Forms Subcommittee
Management Acknowledgements not
already addressed in the contract.
For example, the Standard Clauses
Booklet contains the following language
which can be used when you show a
buyer client a for sale by owner property:
Purchaser is a party to a written
brokerage agreement with Selling
Firm. Seller agrees to pay Selling Firm
a brokerage fee equal to ___ % of the
Purchase Price. Such brokerage fee is
in addition to any other fees that may
be paid to Selling Firm by Purchaser.
You can find the VAR Standard
Clauses Booklet with the VAR Forms
Library through forms providers and
on VAR’s website at: varealtor.com/
StandardForms#standardclause_forms.
If you have suggestions for other
clauses to be added to the VAR Standard
Clauses Booklet, please send them to
[email protected].
COULD RADON IMPACT YOUR SALES?
your questions. VDH offers a no-cost, VARThe Virginia Department of Health (VDH) can answer
approved Radon Course for Realtors. The course is worth 2 CE credits and can be taught at a location
of your choice (15 student minimum).
Virginia Department of Health
Office of Radiological Health
Winchester
Moderate Potential (from 2 to 4 pCi/L)
Shenandoah
Contact:
Ryan Paris, Radon Coordinator
[email protected]
Loudoun
!
Falls
Clarke
Church
Fairfax
Arlington
Warren Prince City Fairfax
!
Zone 2
Frederick
!
!
!
Legend
Zone 1 Highest Potential (greater than 4 pCi/L)
William !
Alexandria
Manassas
Rappahannock
Park
Page
Fauquier
Rockingham
Manassas
Culpeper Stafford Fredericksburg
!
Madison
Highland
King
George
Augusta
Greene Orange
Spotsylvania
Westmoreland
Bath
Staunton
Charlottesville
!
Waynesboro
Clifton
Caroline
Richmond
Louisa
Forge
Northumberland
Albermarle
Essex
Covington
Rockbridge
King
Fluvanna
Nelson
Hanover
!
William King and Lancaster
Buena
Accomack
Queen
Goochland
Roanoke Alleghany Lexington
Henrico
Vista
Buckingham
Middlesex
Montgomery Salem
Powhatan Richmond
Amherst
Craig Botetourt
New Kent
Cumberland
Mathews
City
Chesterfield CharlesJamesGloucester
Bedford
Appomattox
Radford
Northampton
City
Amelia Colonial
City
Giles
!
Buchanan
Prince
Heights ! Prince
!
Bedford Lynchburg
York
! George
Edward Nottoway
Dickenson
Bland
Newport Poquoson
Tazewell
!
City
Campbell
Petersburg Williamsburg
Wise
Hampton
Roanoke
News
Pulaski
Charlotte
Surry
Dinwiddie
!
Isle
City
Norfolk
Russell
Wythe
Sussex
Floyd
Lunenburg
Pittsylvania
Franklin
of
Smyth
Halifax
Brunswick
Portsmouth
Wight
Scott
Carroll
Washington
Henry
Southampton
Chesapeake
Mecklenburg
!
Patrick
Grayson
Emporia
!
Suffolk
Virginia
!
Greensville
Bristol
Beach
Franklin
Galax
Halifax
Martinsville
Danville
City
Zone 3 Low Potential (less than 2 pCi/L)
!
!
Harrisonburg
Call:
804-864-8150
Toll-free in VA: 800-468-0138
!
!
!
!
!
Visit:
Indoor Radon Program page at
www.vdh.virginia.gov
!
!
!
!
!
Norton
!
!
!
!
!
!
Lee
Promoting & Protecting the Health of All Virginians
www.vdh.virginia.gov
DOES YOUR WEBSITE MEET
ADA REQUIREMENTS?
By Erin Barton, Staff Counsel
On July 20, 1990, the American with Disabilities Act (ADA) was signed into law, prohibiting
discrimination on the basis of disability in employment, access to government services, places
of public accommodation, and other important aspects of everyday life. The ADA was silent
with respect to the Internet, which did not exist then as it does now. Today, the Internet plays
an essential role in our lives; making available information, social interaction, and goods and
services to which we might not otherwise have access. It goes without saying that being
unable to access websites would put people at a significant disadvantage in today’s society.
Real estate websites are an excellent example of
the critical role the Internet plays in one of the
biggest transactions in a person’s life. More than
80% of people searching for a home begin on the
Internet. Real estate websites provide consumers
access to listings, photos, videos, home tours, school
listings, and even communication directly with
real estate salespersons. But are these websites
subject to the requirements of the ADA?
15
The U.S. Department of Justice has
taken the position that websites are a
place of public accommodation subject
to the requirements set forth in Title III
of the ADA. Courts, however, have not
unanimously accepted that broad interpretation. In July 2010, the U.S. Department
of Justice responded to inconsistent
court decisions and differing opinions
on standards for web accessibility by
releasing an Advance Notice of Proposed
Rulemaking (ANPR), “Nondiscrimination
on the Basis of Disability: Accessibility of
Web Information and Services of State
anticipated issue date for those proposed
regulations has been repeatedly delayed
and the regulations are not expected until
2018; leaving businesses uncertain about
whether their websites are accessible
under the ADA, what standards they are
supposed to be striving for, and ultimately
if they are vulnerable to litigation.
Despite the lack of formal guidance
or standards, private plaintiffs, advocacy groups, and the U.S. Department
of Justice itself are trying to enforce
Title III against websites by targeting
companies with demand letters, complaints, and even lawsuits.
Some big name companies
that have started web accessibility initiatives as a result
of these enforcement actions
include Target, Netflix, H&R
Block, and the NBA. A common theme in most of these
settlement agreements and
court decisions has been
ensuring company websites meet the
Web Content Accessibility Guidelines
(WCAG 2.0) issued in 2008 by the Web
Accessibility Initiative of the World
Wide Web Consortium. These guidelines serve as the current industry
standard for accessibility, the adoption
…it is a good risk management practice
to start looking at your website now
and evaluating its level of compliance
with the Web Content Accessibility
Guidelines industry standards.
and Local Government Entities and
Public Accommodations,” 75 Fed. Reg.
43460 (July 26, 2010) (ANPR) stating that it
was considering revising the ADA Title III
regulations in order to establish requirements for websites to be accessible to
individuals with disabilities. However, the
of which was specifically noted in the
U.S. Department of Justice ANPR as
a possible solution to the need for
developing accessibility standards. The
WCAG 2.0 guidelines have been referred
to consistently enough in settlement
agreements and court rulings that many
people are predicting the eventual U.S.
Department of Justice regulations will
adopt the guidelines to some extent.
Given the uncertainty surrounding
the issue of web accessibility enforcement and the sheer number of real
estate websites, it is a good risk management practice to start looking at your
website now and evaluating its level of
compliance with the WCAG 2.0 industry
standards. The WCAG 2.0 is available
online at w3.org/TR/WCAG20/ and
provides twelve guidelines addressing
website accessibility, three levels of
conformance (e.g. A, AA, AAA), and
the technical methods to meet each
of those levels. A proactive first step
would be to contact your website
provider or use one of the many free
online testing services that will evaluate
your website’s accessibility.
Many companies are going further and
focusing their efforts on the recommended
improvements to accessibility noted by
the U.S. Department of Justice in the
ANPR. Specifically, the U.S. Department
of Justice and WCAG 2.0 recommend
that websites allow for font size and
color contrast changes on the screen;
have corresponding text descriptions
for images and photographs; use navigational headings or links to facilitate
the use of screen readers, caption audio
or video-only content, and clearly label
input fields on online forms. Other
companies have already put plans in
place to work toward meeting the full
industry preferred WCAG 2.0 AA-level
of accessibility in anticipation of the
U.S. Department of Justice adopting
those guidelines as part of their revised
regulations. Regardless of what steps
you take, it’s a better practice to be
proactive and demonstrate that you
are working toward achieving website
accessibility. The National Association
of REALTORS® has produced several
articles and videos on this topic
available at both realtor.org and
realtormag.realtor.org/. Keep an eye
out for further information from your
national, state and local associations.
17
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2016
NEW
LAWS
1
3
2
General Assembly
4
5
Signed by the
Governor
by Laura Farley, Deputy General Counsel
The 2016 General Assembly session
saw over 2,000 bills introduced in
the House and Senate. Of those,
about one-third of those bills
ultimately passed both houses and
were signed into law by Governor
Terry McAuliffe. Unless otherwise
noted, all of these provisions take
effect on July 1, 2016.
21
2016
NEW
LAWS
VIRGINIA ASSOCIATION OF
REALTORS® (VAR) BILLS:
These bills were initiatives that VAR
worked with patrons to get passed into law.
AGENCY (HB567)
This bill clarifies several portions of the licensing
law. Under the new law, the Virginia Real Estate
Board (VREB) can apply deferred judgments and
allow licensees to complete educational or other
remedial steps for minor violations without those
violations going on their permanent records.
The VREB may also grant exemptions or waive
or reduce the number of continuing education
hours an individual licensee must take in cases of
certified illness or undue hardship.
Several portions of the agency law were clarified,
including the distinctions between what is required
in residential transactions and commercial transactions. Commercial agents do not need to provide
a Disclosure of Brokerage Relationship and are
exempted from the portion of the license law that
covers licensees engaged to manage real estate.
In addition to distinguishing between commercial
and residential transaction this legislation also clarifies that the act of merely showing properties does
not require a written brokerage agreement. Finally,
the bill clarifies that there is no independent civil
cause of action created by the licensing statute.
POA/CONDO (HB684)
Both the Property Owners’ Association Act (POA)
and the Condominium Act (COA) were amended.
Many of the amendments were to mirror provisions
of the two statutes, such as mirroring the POA to
the COA in regards to a buyer being able to get
out of a contract when the disclosure package is
not available. The law now clearly defines who the
purchasers’ and sellers’ designated agents are for
the purpose of delivering the disclosure packet;
that delivery must be made to the party or agent,
not someone else in their office, unless agreed to
in the contract; and that for properties with more
than one association, the deadline to terminate
a contract does not start running until the last
set of documents or certificates is delivered.
Additionally, the law increases the timeframe in
which associations can back-charge sellers for the
cost of packets from 45-days to 60-days, to satisfy
concerns regarding delayed closings due to TILA/
RESPA Integrated Disclosure Rule.
Other provisions in the law deal with rentals in
common interest communities. There are further
limitations on the fees that POAs and COAs can
charge to renters or owners who want to rent their
property; a prohibition on associations evicting
tenants; and the law now requires POAs and COAs
to recognize the agency relationship between an
owner and a real estate licensee when provided
with written documentation of the relationship.
POAs and COAs were requiring owners to provide a
formal power of attorney designating a real estate
licensee as their agent; under the new law, any written authorization is all that can be required.
HOME INSPECTOR LICENSING
(HB741/SB453)
Under this legislation, all Virginia home inspectors
will need to be licensed by July 1, 2017. This delayed
implementation date allows Virginia Department
of Professional and Occupational Regulation
(DPOR) to create the regulations that will govern
home inspectors. Currently, Virginia has a voluntary certification program, which allows home
inspectors to become certified by the Board for
Asbestos, Lead, and Home Inspectors (ALHI Board).
Any home inspector who holds an unexpired
certificate on June 30, 2017 will be issued a license
and will not need to go through the initial application process. For home inspectors who wish to
perform inspections on new construction homes,
the ALHI Board will issue a license with a new
residential endorsement once they have completed
the required training module.
23
2016
NEW
LAWS
VIRGINIA ASSOCIATION OF
REALTORS® SUPPORTED BILLS:
VAR will often support legislation
that is not an initiative brought
forward by the VAR Public Policy
Committee. This section includes
several examples of bills that VAR
supported as they worked their way
through the General Assembly.
VIRGINIA RESIDENTIAL PROPERTY
DISCLOSURE ACT (HB746, HB1246)
Three sections of the Virginia Residential Property Disclosure Act were updated. The first statement, which deals with the condition of the real
property and any improvements, was updated
to add that the seller makes no representations
or warranties with regard to any covenants and
restrictions that may be recorded in the land
records. Additionally, that section was amended to
remove “certified” before home inspection, so that
the buyer is now advised to obtain a home inspection. This change was made in anticipation of the
requirement that all home inspectors be licensed
starting July 1, 2017. The second statement, which
advises the purchaser that the seller is making no
representations with respect to the parcels adjacent to the subject parcel, has been amended to
include that the seller is not making any representations about any zoning classification or permitted
uses of adjacent parcels. The final change made to
the Residential Property Disclosure Act is in the
eighth statement, which deals with wastewater
systems. This section now says that the purchaser
should exercise whatever due diligence they deem
necessary regarding the costs associated with
maintaining, repairing, or inspecting any wastewater system, including any costs or requirements
related to the pump-out of septic tanks.
GO ONLINE
See the VARealtor.com webiste for
additional new law resources.
MILITARY - TAX EXEMPTIONS
(HB421, HB1203, SB99, SB366)
There were a number of bills that expanded and
clarified the law which exempts the real property
of disabled veterans and spouses of individuals
killed in action. Under the clarification, manufactured homes, whether or not on wheels and
whether or not the veteran or spouse owns the
land the manufactured home sits on are tax
exempt. If the land the manufactured home sits
on is not owned by the veteran or spouse, the
manufactured home is exempt from taxes, but
the land is not.
LANDLORD TENANT (HB711,
HB735, HB1011)
Both the Virginia Landlord Tenant Act (“Common
Law”) and the Virginia Residential Landlord
Tenant Act (VRLTA) were amended by several
bills. One major change to both the Common
Law and VRLTA is in instances where a court has
issued an order granting an individual possession
of the premises to the exclusion of one or more
co-tenants or authorized occupants. This generally
happens in instances of domestic abuse where a
tenant has allegedly abused a significant other,
who may or may not be on the lease. If the victim
is not on the lease, the new law sets out a mechanism
for landlords to either have the victim become a
tenant or the victim must move out of the property.
The law also holds the non-tenant victim liable
for failing to vacate and allows the landlord to file
an unlawful detainer and evict any person residing
in the dwelling unit.
Several provisions within the VRLTA had minor,
but essential, clarifications added. For example, the
section that requires the landlord to pay for remediation of mold within the unit has been updated
to indicate that the landlord must also pay for
relocating the tenant. The definition of single-family
residence has been updated to specifically
include condominium units, since the previous
definition referenced having “direct access to
a street or thoroughfare” which could exclude
condominium units. Additionally, language was
added to the provision requiring the landlord
to conduct a move-in inspection clarifying that
all items listed on the report did not necessarily
need to be remedied; only those defects required
by statute to be repaired needed to be addressed.
Finally, the provision that prohibits tenants from
removing or tampering with properly functioning
carbon monoxide alarms now requires tenants
to maintain such alarms in accordance with the
standards established in the Uniform Statewide
Building Code.
The section dealing with tenant records was also
updated to add the landlord’s collection agency
to the list of exemptions from the confidentiality
provisions. Two other changes were made to this
section. Tenants may request a copy of their tenant records either hard copy or electronically and,
if the lease provides, a landlord may charge the
tenant for actual costs of providing more than one
copy of the records.
The final changes to the VRLTA come from the
section dealing with access and inspections. If, during an inspection of the dwelling unit, a landlord
determines that there is a violation of tenant’s
contractual or statutory responsibility to maintain
the dwelling unit that materially affects health
and safety which can be remedied by repair,
replacement of a damaged item or cleaning, the
landlord can take the necessary action and send
the tenant an invoice for payment. Further, the
law now specifies that if the lease provides and the
tenant, without reasonable justification, prohibits
the landlord or managing agent to show the unit
for lease or sale, the landlord may recover damages, costs, and reasonable attorneys’ fees.
25
Stefan Swanepoel
RPAC Report
Two Virginia REALTORS® Inducted into NAR RPAC Hall of Fame
By Heidi Cook, VAR Director of Political Operations
The National Association of REALTORS® held its annual RPAC
Hall of Fame Awards on Tuesday, May 10, in Washington, D.C.
REALTOR® members inducted into this elite group have
dedicated their careers to advancing the professionalism
and political advocacy efforts of their local, state and national
trade associations by contributing a minimum of $25,000 to the
REALTORS® Political Action Committee. This year, two Virginia
REALTORS® were recognized for their contributions.
Thomas M. Stevens, of Vienna, became Virginia’s first ever
$50,000 level RPAC Hall of Fame inductee! Among his many
achievements, Tom is a past president of the Virginia
Association of REALTORS®, a recipient of the Virginia “REALTOR®
of the Year” award and served as President of the National
Association of REALTORS® in 2006. Thank you Tom for
steadfast commitment to the REALTOR® family.
John E. McEnearney, of McLean, a retired Navy Officer
and founder of McEnearney Associates was inducted into
the $25,000 level RPAC Hall of Fame posthumously on Tuesday.
He began working as a real estate agent in 1976 and founded
McEnearney Associates in 1980. From the beginning of his real
estate career, John recognized the importance of professionalism and it showed through his dedication to the industry.
Four of John’s six children were in attendance to receive the
award on his behalf: Kathy McEnearney, Michael McEnearney,
Sean McEnearney, and Maureen McEnearney Dunn.
VIRGINIA RECIPIENTS OF THE NAR RPAC HALL OF FAME
AWARD INCLUDE:
THOMAS JEFFERSON III
2002 ($25,000)
THOMAS M. STEVENS
2007($50,000)
DENNIS R. CRONK2009
($25,000)
MELANIE THOMPSON
2009($25,000)
WILLIAM L. CHOREY
2010($25,000)
SANDEE FEREBEE2010
($25,000)
JACK F. TORZA2010
($25,000)
JOHN R. DICKINSON
2011($25,000)
DORCAS HELFANT
2011($25,000)
STEVE HOOVER2011
($25,000)
JOSEPH K. FUNKHOUSER II
2012
THOMAS N. INNES
2012($25,000)
($25,000)
GENE MOCK2014
($25,000)
JOHN L. POWELL2014
($25,000)
JOHN MCENEARNEY
2015($25,000)
27
RPAC Report
The REALTOR® Political Action Committee, RPAC, supports property rights and REALTOR® interests at all levels of
government: local, state, and federal. Major Investors in RPAC understand the importance of this to their business and
make financial commitments of support. The following REALTORS(R) and local associations have contributed to RPAC of
Virginia as Major Investors in 2016.
platinum R investor ($10,000)
platinum R associations ($10,000)
Gene Mock
Keller Williams Realty,
Leesburg
Northern Virginia
Association of
REALTORS®,
Fairfax
of REALTORS®,
Glen Allen
golden R investors ($5,000)
Dennis Cronk
Poe & Cronk Real
Estate Group,
Roanoke
Joe Funkhouser
Funkhouser Real
Estate Group,
Harrisonburg
Dorcas
Helfant-Browning
Coldwell Banker
Professional,
Virginia Beach
John Powell
Long and Foster
Real Estate,
Virginia Beach
Tom Stevens
Coldwell Banker
Residential
Brokerage, Vienna
Melanie Thompson
Century 21
Redwood Realty,
Fredericksburg
Jack Torza
Long & Foster
Real Estate,
Mechanicsville
Bill Chorey
Chorey &
Associates
Realty, Suffolk
Tom Innes
RE/MAX
Commonwealth,
Richmond
Tom Jefferson
Joyner Fine
Properties,
Richmond
Bradley Boland
Keller Williams
Realty, Sterling
Mary Dykstra
MKB REALTORS®,
Roanoke
Kit Hale
MKB REALTORS®,
Roanoke
Tana Hoffman
Sager Real Estate,
Strasburg
Karen Smith
RE/MAX
Commonwealth,
Richmond
Mack Strickland
Strickland Realty,
Chester
Terrie Suit
Virginia
Association of
REALTORS®,
Glen Allen
Bill White
Joyner Fine
Properties,
Richmond
Charles Burnette
Burnette Real Estate
Sales & Property
Management,
Blacksburg
Robert Dawson
Dawson Ford
Garbee, Lynchburg
golden R investors ($5,000)
golden R associations ($5,000)
RE/MAX Allegiance,
Alexandria
Charlottesville
Association
of REALTORS®,
Charlottesville
crystal R investors ($2,500)
Betsy Atkinson
ERA Atkinson
Realty, Virginia
Beach
Deborah Baisden
BHHS Towne Realty,
Virginia Beach
Candice Bower
McEnearney
and Associates,
Leesburg
Peggy Burke
Virginia Realty
Partners,
Woodbridge
Anthony McGhee
Assist2Sell First
Rate Realty
Denise Ramey
Long and Foster
Real Estate,
Charlottesville
Katrina Smith
RE/MAX Roots,
Winchester
Trish Szego
Century 21
Redwood
Realty, Ashburn
Tracy Comstock
SilverLine Realty
and Investment,
Vienna
Lynn Grimsley
RE/MAX
Peninsula,
Newport News
Cynthia HawksWhite
Keller Williams
Realty, Virginia
Beach
Nicholas Lagos
Keller Williams
Realty, Virginia
Beach
Linda Buskey
Bay Creek Resort
Realty, Cape Charles
Claire ForcierRowe
Long and Foster
Real Estate,
Mechanicsville
Suzanne Granoski
RE/MAX
Executives,
Alexandria
Jon Wolford
McEnearney and
Associates, McLean
Bob Adamson
McEnearney and
Associates,
Arlington
Moon Choi
RE/MAX
Executives, Fairfax
Craig Lilly
Long and Foster
Real Estate,
Vienna
Susan Mekenney
RE/MAX
Executives,
Springfield
Forrest Odend’hal
Long and Foster
Real Estate,
Manassas
29
RPAC Report
Shoeleh Rahnama
RE/MAX
Executives,
Fairfax
Christine
Richardson
Weichert
REALTORS®,
Great Falls
Lisa Saunders
RE/MAX
Allegiance,
Chesapeake
Patricia Snyder
Coldwell Banker
Four Seasons, Mt.
Jackson
Suzy Stone
Century 21
Redwood Realty,
Fredericksburg
Pat Sury
Montague MillerWestfield,
Charlottesville
Kevin Turner
Century 21
All-Service,
Bedford
Shanna Wiseman
Parr and Abernathy
Realty, Hopewell
crystal R associations ($2,500)
Dulles Area Association of REALTORS®, Ashburn
Fredericksburg Area Association of REALTORS®, Fredericksburg
Richmond Association of REALTORS®, Richmond
Roanoke Valley Association of REALTORS®, Roanoke
Williamsburg Area Association of REALTORS®, Williamsburg
sterling R investors ($1,000)
David Charron, MRIS, Rockville
Jay Mitchell, BHHS Towne Realty, Virginia Beach
Delene Adams, Key Real Estate, Waynesboro
Gail Ailor, Fathom Realty Virginia, Midlothian
Doug Albert, Century 21 Nachman Realty, Virginia Beach
Craig Alexander, Coldwell Banker Premier, Front Royal
Guy Allen, eXp Realty, Leesburg
Aimee Andrews, CAAR Real Estate Weekly, Charlottesville
Kimberly Armstrong, ERA Bill May Realty, Charlottesville
Lorraine Arora, Weichert REALTORS®, Fairfax
Frank Ballif, Nest Realty Group, Charlottesville
Jim Barb, Jim Barb Realty, Winchester
Mary Bayat, Bayat Realty, Alexandria
Quinton Beckham, Keller Williams Realty, Charlottesville
Mary Ann Bendinelli, Weichert REALTORS®, Manassas
Laura Benjamin, Roanoke Valley Association of REALTORS®, Roanoke
Dana Berenbaum, MKB, REALTORS®, Roanoke
Beckwith Bolle, Carter Braxton Preferred Properties, Leesburg
Dawn Bradley, Long and Foster Real Estate, Richmond
Pat Breme, Fredericksburg Area Association of REALTORS®, Fredericksburg
David Bridges, ERA Blue Diamond Realty, Inc., Woodbridge
John Brockwell, Weichert Brockwell & Portwood, Colonial Heights
Antoinette Brown, J.F. Brown Real Estate Service, Lexington
Pat Buck, McEnearney Associates, McLean
William Burke, Virginia Realty Partners, Woodbridge
Thomas Campbell, Fathom Realty, Warrenton
Keith Canty, Carrington Real Estate Service, Newport News
Joe Carney, Howard Hanna Real Estate Services, Newport News
Omni Casey, Weichert, REALTORS(R), Sterling
Dale Chandler, Rose and Womble Realty, Newport News
Rebecca Claggett, Century 21 Nachman Realty, Virginia Beach
Vic Coffey, RE/MAX All Stars Realty, Daleville
Charles Cornwell, RE/MAX Regency, Warrenton
Raymond Courchene, Buyer’s Advantage Real Estate, Woodbridge
Mary Beth Coya, Northern Virginia Association of REALTORS(R), Fairfax
Hugh Cross, Cross Management, Suffolk
Beth Dalton, Long & Foster Real Estate, Blacksburg
Sheila Dann, Abbitt Realty Company, Newport News
Marita Dorr, Napier REALTORS® ERA, Colonial Heights
Meg Duarte, Century 21 Colonial Realty, Colonial Heights
Susan Erickson, Long and Foster Real Estate, Blacksburg
Punkie Feil, Loring Woodriff R. E. Assoc., Charlottesville
Kathy Felton, Virginia Association of REALTORS®, Glen Allen
John Finn, United Real Estate, Richmond
sterling R investors ($1,000) continued
Drew Fristoe, Coldwell Banker Elite, Fredericksburg
Virgil Frizzell, Long & Foster Real Estate, Reston
Libby Gatewood, Napier REALTORS® ERA, Colonial Heights
Tim Gifford, Coldwell Banker Professional, Norfolk
Delk Hamaker, Buck and Associates, Arlington
Margaret Handley, M.C. Handley, LTD, Falls Church
Donna Marie Harris, Long & Foster Real Estate, Roanoke
Lars Henriksen, Century 21 Redwood Realty, Leesburg
Jeanne Hockaday, Virginia Country Real Estate, Ordinary
Michael Hogan, Keller Williams Realty, Richmond
Ashton Hogge, Weichert, REALTORS(R), Herndon
David Howell, McEnearney and Associates, McLean
Amy Hudson, RE/MAX 8, Blacksburg
Nathan Hughes, Sperity Real Estate Ventures, Richmond
Evie Hunt, United Country RealOne Realty, Abingdon
Anne Innes, RE/MAX Commonwealth, Richmond
Philip Innes, RE/MAX Commonwealth, Richmond
Donn Irby, Rose and Womble Realty, Chesapeake
Jimmy Jackson, Rose and Womble Realty, Chesapeake
Pat Jensen, BHG Real Estate, Charlottesville
Jeremy Johnson, Long and Foster Real Estate, Virginia Beach
Sita Kapur, Arlington Premier Realty, Arlington
Jonathan Kauffmann, Nest Realty Group, Charlottesville
Betty Kingery, Mountain to Lake Realty, Rocky Mount
Billy Kingery, Mountain to Lake Realty, Rocky Mount
Mimi Kopassis, MK Realty Group, Virginia Beach
Gary Lange, Coldwell Banker Residential Brokerage, Fairfax
Jacqueline Lawlor-Campiti, Jack Lawlor Realty, Ashburn
C. Lynn Lenahan, 1st Choice Better Homes & Land, Bowling Green
Larry Lewis, Napier REALTORS® ERA, Colonial Heights
Jennipher Lucado, Brownstone Properties, Lynchburg
Richard Lugg, Virginia Association of REALTORS®, Glen Allen
Christina Macro, KW Metro Center, Vienna
Leonard Mailloux, BHG Real Estate III, Charlottesville
Kathy Markwood, Roy Wheeler Realty - Greene, Ruckersville
Linda Martin, Montague, Miller & Co., Culpeper
Sherry Maser, Howard Hanna Wm. E. Wood , Chesapeake
Andy Mason, WEICHERT REALTORS, Mason-Davis, Accomac
Scott McDonald, RE/MAX Gateway, Centreville
Charles Miller, Piedmont Fine Properties, Warrenton
Shawn Milletary, Century 21 Redwood Realty, Ashburn
Shawn Mitchell, Modern Mechanical, Ashburn
David Moberly, Dockside Realty, Mineral
Tonya Monroe, BHHS Towne Realty, Chesapeake
Percy Montague, Montague Miller Company - Westfield, Charlottesville
Ronda Morrison, Exit Realty Central, Virginia Beach
Thai Hung Nguyen, BHG Real Estate Premier, Washington, D.C.
Robert O’Brien, Kryptonite Realty, McLean
John O’Reilly, Base Camp Realty, Midlothian
Gwen Pangle, Pangle and Associates, Leesburg
Eric Parker, Morgan Stanley, Charlottesville
Robert Perkins, Long and Foster Real Estate, Colonial Heights
Nan Piland, Liz Moore & Associates, Williamsburg
Kimberly Plourde, Exit Realty Central, Norfolk
Rachel Reynolds, RE/MAX Realty Specialists, Stanardsville
Katy Richards, Joyner Fine Properties, Richmond
Christine Richardson, Weichert Great Falls
Melanie Roberts, Virginia Association of REALTORS®, Glen Allen
Todd Rogers, Hometown Realty, Mechanicsville
Zinta Rodgers-Rickert, RE/MAX Allegiance, Fairfax
Fetneh Schacht, Long and Foster Real Estate, Vienna
Veronica Seva-Gonzalez, Compass, Washington, D.C.
Scott Shaheen, Long and Foster Real Estate, Richmond
Tonya Simpson-Feamster, Keller Williams Realty Elite, Chesapeake
Sarah Shojinaga, United Real Estate, Reston
Adam Smith, Virginia Association of REALTORS®, Glen Allen
Brandi Smith, Blickenstaff & Company, REALTORS®, Lynchburg
Kimber Smith, BHHS Towne Realty, Williamsburg
Ty Smith, SunTrust Mortgage, Charlottesville
Ellen Smith Gajda, Williamsburg Realty, Williamsburg
Susan Spellman, Long and Foster Real Estate, Williamsburg
Phyllis Stakem, RE/MAX Select Properties, Ashburn
Vickie Stamper, Appalachian Realty Co., Marion
Wes Stearns, MO Wilson Properties, Inc., Woodbridge
Pat Steele, Coldwell Banker Professional, Virginia Beach
Minnie Stevenson, Kline May Realty, Fisherville
Pam Strahorn-Roe, Rose and Womble Realty, Newport News
Joe Sutliff, Roanoke Valley Association of REALTORS®, Roanoke
Susan Swink, Long & Foster REALTORS®, Richmond
Philip Thornton, RE/MAX Crossroads, Culpeper
Peggy Todd, Liz Moore & Associates, Newport News
Donna Travis, Long & Foster Real Estate, Blacksburg
Beth Waller, Team Waller Real Estate, Front Royal
Holly Weatherwax, Momentum Realty, Reston
Debbie Werling, Greater Piedmont Area Assn. of REALTORS®, Warrenton
Mary Ann White, RE/MAX Signature, Prince George
John Wilson, Coldwell Banker Traditions, Newport News
Christine Windle, Dulles Area Association of REALTORS®, Ashburn
Matthew Woodson, Roy Wheeler Realty-Greene, Ruckersville
Arleen Yobs, Nest Realty Group, Croziet
sterling R associations ($1,000)
Blue Ridge Association of REALTORS®, Winchester
Greater Augusta Association of REALTORS®, Staunton
Lynchburg Association of REALTORS®, Lynchburg
hall of fame
RPAC Hall of Fame members (noted with a star) have contributed
a cumulative amount of at least $25,000 to RPAC.
New River Valley Association of REALTORS®, Christiansburg
Prince William Association of REALTORS®, Woodbridge
Virginia Peninsula Association of REALTORS®, Hampton
president’s circle
In addition to their Major RPAC Investor contribution, President’s Circle
members (noted with a circle) annually contribute $2,000 directly to
REALTOR®-friendly candidates at the federal level.
31
$10K IN 10 WEEKS
Help build homes that rebuild lives
Young
Professionals
Network
YPNVA (Young Professionals Network
of Virginia) is a committee of the Virginia
Association of REALTORS®.
This summer, YPNVA is committed to
supporting military families in the communities
where we live and work.
The Virginia Association of REALTORS®
is a proud regional partner of Homes for Our
Troops, a national non-profit organization that
builds mortgage-free homes for severely injured
post-9/11 veterans and their families.
In keeping with our commitment to veterans and military families,
YPNVA has made a personal goal to raise $10,000 in 10 weeks from
July 4th through September 5th. YPNVA supports the valuable work
of Homes for Our Troops in offering specially adapted homes for our
veterans and their families who have offered so much for our nation.
DONATE TODAY!
Scan QR code
Your support is key.
Your gift to this YPNVA initiative in partnership with the
Virginia Association of REALTORS® and Homes for Our Troops
will help ensure that homes are built for Virginia heroes
and that REALTORS® have the opportunity to impact their
select
of REALTORS®
communities. Every REALTOR® can make an impact; even one
dollar makes a difference to this important cause.
Or donate at
myhfotusa.org/virginiarealtors
Profiles
FOR MORE INFORMATION
Contact Jenny Wortham, VAR
Director of Community Outreach
at [email protected].
/communitymatters
Virginia REALTORS® offer direct financial aid to
victims of February tornadoes
By Jenny Wortham, Director of Community Outreach
As we often do for our neighbors, REALTORS® have stepped
forward to help Virginians in need. Together with the local
associations in impacted areas – the Lynchburg, Southside
Virginia, Northern Neck, and Chesapeake Bay and Rivers
Associations – the Virginia Association of REALTORS® was
awarded $50,000 by the national REALTOR® Relief Foundation
to support Virginia residents affected by the destructive
tornadic storms in late February of this year. Responding to
the ongoing need of rehousing those who were displaced by
damage and loss, VAR is working with members, local associations, and local governments to identify those in need and
administer funds. Resources are available now to residents in
the affected communities, with an online application process
to seek direct financial aid. Assistance through this fund is
exclusively for housing relief in the areas severely affected
and for victims who lost or sustained significant damage to
a primary residence. Each applicant is eligible for up to $1,200
in support for either mortgage expense or the cost of temporary
shelter due to displacement from a damaged or lost home.
VAR will review applications and issue funds directly to eligible
residents until the money is fully expended.
For more information, visit varealtor.com/relief. Please help
us spread the word by sharing this information with your
contacts and clients and by reaching out to residents in need
in the affected communities, specifically Appomattox, Sussex,
and Essex Counties, and surrounding areas.
33
Profiles
/varteammembers
James “Jim” Hopper
General Counsel
Jim serves as the chief attorney of the association’s legal department
and ensures that all information disseminated to association membership
is legally correct and compliant with the law. He and his team provide
legal guidance to VAR’s members and other association departments.
“My main role is to ensure that the association is working in compliance
with the law in every way. Our legal department strives year-round to
provide association staff and members with the best possible legal, ethics,
and risk management resources.”
Jim has practiced law for nearly four decades, as a private practitioner
and with the Commonwealth of Virginia. Under former Governor Bob
McDonnell, he served as the Deputy Secretary for Veterans Affairs and
Homeland Security. Subsequently, he became Secretary, following the
departure of Terrie Suit. He previously served in the Office of the Attorney
General as section chief of both the opinions and local government section
and the financial law and government support section.
Anthony Reedy
Director of Grassroots
Anthony serves as the Director of Grassroots within the Government
and Public Relations team at VAR. Anthony’s role is to help local associations increase member participation in the advocacy process and
facilitate RPAC political operations.
“One of the key purposes of VAR is to be an advocate for our members
before government officials. My responsibility is to make sure our members
understand the importance of being involved in advocacy and help them
cultivate relationships with policymakers that create effective channels
of communication on issues important to our members, their clients and
property owners.”
Anthony is a native Virginian and 2005 graduate of Virginia Tech.
He served as a legislative aide to former Virginia General Assembly
Delegate Anne B. Crockett-Stark for five years and has held leadership
positions in statewide political operations in Virginia and North Dakota.
He and his wife spend their free time searching out places of interest
around Virginia and enjoying outdoor activities with their Boxer-mix dog.
Industry-Leading
E&O Coverage
Pearl Insurance
and the Virginia
Association
of REALTORS®
(VAR) have been
strong partners
for 32 years. In
fact, we are the
only errors &
omissions (E&O)
provider VAR
has entrusted
with their
endorsement.
We possess all of the expertise and resources necessary
to fortify your career’s foundation, allowing it to withstand
the claims that try to bring it crumbling down.
Highlights include:
• Fair housing coverage for defense
and damages
• Environmental failure to advise protection
for residential and commercial transactions
• Included mold coverage
• Broad protection for Agent-Owned
Property Transactions
• More no-cost supplementary coverage
offerings than any other carrier, including
expense coverage for public relations event
damages, subpoena assistance, disciplinary
protection, and more!
We offer this robust level of protection to VAR members
at highly competitive rates. To see just how affordable our
coverage is, visit realtors.pearlinsurance.com/Endorsed
for a risk-free quote.
Don’t let an E&O claim reduce your work to rubble—with
Pearl Insurance, you can keep your career standing tall.
800.447.4982 | pearlinsurance.com/Endorsed
162416-A-XL-EO-MAG-PAD
Contact VAR
We’re online at VARealtor.com
Our official blog is Commonwealth Daily, at VARbuzz.com
If you have questions, we’re ready to help. During normal business
days, our office manager is available from 8:30 a.m. to 5 p.m.
Our main phone number is (804) 264 -5033
VAR 2016 LEADERSHIP TEAM
Bill White
President
Joyner Fine Properties
Richmond
(804) 270-9440
[email protected]
Claire Forcier-Rowe, ABR, ABRM, CRB, GRI
President-Elect
Long and Foster, Bay/River Sales,
Hanover
(540) 903-1003
[email protected]
Jay Mitchell, ABR, ASP, CRB, CRS, e-PRO,
GRI, MRP, RSPS, SFR, SRES
Vice President
Berkshire Hathaway Home Services
Towne Realty, Virginia Beach
(757) 422-2200
[email protected]
Pat Sury, CRB, CRS, GRI, SRES
Treasurer
Montague Miller & Co. Westfield,
Charlottesville
(434) 227-4444
[email protected]
Deborah A Baisden, GRI
Immediate Past President
Berkshire Hathaway Home
Services Towne Realty,
Virginia Beach
(757) 486-500
[email protected]
Terrie Suit
Chief Executive Officer
(804) 249-5715
[email protected]
For membership, site login, and dues questions
Ask for Amy Hafer, Director of Business Systems
[email protected]
(804) 249-5725
For questions about professional standards and
the Code of Ethics
Ask for Laura Farley, Deputy General Counsel
[email protected]
(804) 249-5721
If you’re interested in marketing or advertising opportunities
Ask for Melanie Roberts, Director of Sales
[email protected]
(804) 622-7949
If you’d like to have someone speak at your association
or brokerage
Ask for Lynne Wherry, Director of Association Relations
[email protected]
(804) 249-5711
If you have comments or questions about Commonwealth
magazine or our Web sites
Ask for Christine Hodges, V.P. of Marketing & Communications
[email protected]
(804) 525-2947
To find out about conferences, seminars, and
professional education
Ask for Lili Paulk, Director of Conference
[email protected]
(804) 249-5710 or 249-5704
For information about RPAC
Ask for Kathy Felton, Director of RPAC Development
[email protected]
(804) 622-7950
UNLIMITED,
FREE online
Continuing Education
and Post License Education
for
ALL agents.
No strings attached.
Moseley is dedicated to professionalism,
your reputation, and your success.
We appreciate your support and referrals!
[email protected]
moseley.org
1.877.MOSELEY
(667.3539)
OUTPACING
THE INDUSTRY,
NOT JUST THE MARKET.
By putting Keller Williams models,
systems and award-winning
training to work, our associates are
increasing their market share at a
disproportionate rate. No matter
where you are in your business
today, we can take your business to
the next level of production, profit,
leadership and wealth building.
We are the #1 real estate franchise
in the world by agent count.
It’s a milestone we’re proud of.
It’s not the destination.
KELLER WILLIAMS PERFORMANCE REPORT FIRST QUARTER 2016
NET ASSOCIATE COUNT
Keller Williams
4,989
+18%
OUTPACES
INDUSTRY in
agent growth
by 3X.
TRANSACTIONS
Keller Williams
OUTPACES
INDUSTRY
in transaction
growth by 3X.
3,674
+6%
Q1 2015
Q1 2016
NAR*
KW
SALES VOLUME
Keller Williams
OUTPACES
INDUSTRY on
closed sales
volume growth
by more than 2X.
$49.1 B
+24%
Q1 2015
NAR*
Q1 2016
NAR*
KW
99%
KW
+30% $23.7 M
$18.2 M
Keller Williams market center
OWNERS SHARE CLOSE TO
50 PERCENT OF PROFITS with
associates who contribute to growth. Q1 2015
+9%
Q1 2016
+19%
+6%
PROFIT SHARE
$39.7 B
Q1 2015
182,676
153,425
Q1 2016
KELLER WILLIAMS FRANCHISE OFFICES
WERE PROFITABLE IN 2015
*National Association of REALTORS®
At Keller Williams Realty, we still use GROWTH, PRODUCTIVITY and PROFITABILITY GAINS as measuring tools to see how well we serve our associates.
If you’re interested in learning how you can be a part of our exponential
growth, contact us at the Virginia Region and find out if Keller Williams is
right for you as an agent or as an owner.
CALL OR EMAIL YOUR CONFIDENTIAL INQUIRY TODAY!
Virginia and West Virginia Region
703-335-8000 • [email protected]
Alexandria/Kingstowne, Alexandria/Old Town, Arlington, Chantilly, Charlottesville, Chesapeake/Greenbrier, Chesapeake/Western Branch, Dulles, Fairfax Capital Properties,
Fairfax Gateway, Falls Church, Fredericksburg, Great Falls, Lake Ridge, Leesburg, Loudoun Gateway, Lynchburg, Manassas, Martinsburg, McLean, Midlothian, Newport News,
Reston/Herndon, Richmond West, Stafford, Tysons/Vienna, Virginia Beach/Hilltop, Virginia Beach/Town Center, Winchester
Each Keller Williams® Realty office is independently owned and operated. | If you are currently a franchise owner, please disregard as this is not intended as a solicitation.

NEW LAWS - Virginia Association of Realtors

Transcription

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