July/August 2013 - Greater Capital Association of REALTORS

Caring • Committed • Community-Minded
Official Publication of the Greater Capital Association of REALTORS®
Volume 24, Number 4 July/august 2013
New Advertising Regulations Released
The text of the new advertising
regulations has been released by the
Department of State. The New York
State Real Estate Board gave final
approval to the revised advertising
regulations at a meeting on April 24,
2013. A culmination of five years of
work by NYSAR and other interested
parties, the new regulations still need
to go through the regulatory public
notice process, including publication
in the New York Register. Following
publication, the new regulations are
set to become effective on January 2,
2014.
As the summer winds down and
the effective date draws nearer GCAR
will be holding a series of member
information forums to help REALTORS®
understand what is required of them.
NYSAR is working on course outlines,
Q&As, etc. and GCAR will be ready to
deliver this information to you.
However, the final regulations,
which have been previously emailed
to every GCAR member, are provided
below. There are some new requirements which you will need to address
as a principal broker, or as an associate
broker/salesperson.
Existing 19 NYCRR Section 175.25,
Advertising is repealed.
A new Section 175.25, Advertising
is added as follows:
175.25 Advertising
(a) Definitions
1. “Advertising" and "advertisement"
mean promotion and solicitation
related to licensed real estate activity,
including but not limited to, advertising via mail telephone, websites,
e-mail, electronic bulletin boards,
business cards, signs, billboards, and
flyers. “Advertising” and “advertisement” shall not include commentary
made by a duly licensed real estate
salesperson, real estate associate broker or real estate broker that is not
related to promoting licensed real
estate activity.
2. “Team” means two or more persons, one of whom must be an associate real estate broker or real estate
salesperson, associated with the same
real estate brokerage who hold themselves out or operate as a team.
3. “Real estate brokerage” means a
real estate company represented by a
real estate broker.
4. “Logo” means a graphic mark used
to identify a real estate broker, associate broker, salesperson or team, but
not a photograph of a real estate broker, associate broker, salesperson or
team contained in an advertisement.
5. “Property” means real property
or shares of stock in a cooperative
corporation.
(b) Placement of advertisements
1. Only a real estate broker is
permitted to place or cause to
be published advertisements related to the sale or lease of property.
Advertisements placed or caused to
be published by an associate real
estate broker, a real estate salesperson or a team for the sale or lease of
property listed with or represented by
a real estate broker are not permitted
except where the property is listed
with or represented by the real estate
broker with whom the associate real
estate broker, real estate salesperson
or team placing the ad is associated
and said real estate broker approved
placement of the advertisement.
2. Authorization
a. No property shall be advertised
unless the real estate broker has
obtained authorization for such
advertisement from the owner
of the property or as hereinafter
provided.
b. Real estate brokers shall not
advertise property that is subject
to an exclusive listing held by
another real estate broker without the permission of the listing
broker.
c. Proprietary information.
Photographs of property that
are posted on a real estate broker’s website shall not be used or
reproduced without written permission from the copyright holder
of such photographs.
(c) Content of advertisements
1. Name of real estate broker.
Advertisements shall indicate that the
advertiser is a real estate broker or
provide the name of the real estate
broker or real estate brokerage and
either: (i) the full address of the real
estate broker or real estate brokerage
or, (ii) the telephone number of the
real estate broker or brokerage.
continued on page 3
Department of State Re: Use of Corporate Titles
The Department of State recently
responded to an inquiry regarding
the proper usage of corporate titles
for marketing purposes. The DOS
response, authored by Whitney A.
Clark, Associate Attorney, follows. The
bottom line is corporate titles may
only be issued to and used by corporate officers.
I am in receipt of your electronic correspondence, transmitted on
March 12, 2013, regarding the use
of titles by licensed associate real
estate brokers and real estate salespersons (referred to collectively as
“agents.”) Specifically, you have asked
if a brokerage may provide a title
such as “President”, “Vice President”,
“Senior Vice President”, “Executive Vice
President” and “Managing Director”
(“corporate titles”) to an agent for marketing purposes.
Section 441-c(1)(a) of the Real
Property Law prohibits “dishonest or
misleading advertising.” This phrase is
not defined by statute or regulation.
When interpreting the scope of a statute: “It is well settled that …, a court
[or administrative agency] should
attempt to effectuate the intent
of the Legislature (citation omitted),
and “not sit in review of the discretion
of the Legislature, or determine the
expediency, wisdom or propriety of its
action on matters within its powers”
(citations omitted). The clearest indicator of legislative intent is the plain
meaning of the statutory text (citation
omitted). The words employed by the
Legislature must be given their natural, ordinary and obvious meanings
(citation omitted), and if the words
of a statute have a definite meaning
which involved no absurdity or contradiction, the court [or agency] has
no right to add or take away from that
meaning (citation omitted).” People
v. Dorilas, 2008 WL 1902443 (N.Y.Sup.
App.Term, April 21, 2008), 2008 N.Y.
Slip Op. 28162 at 3.
Because “dishonest” and “misleading” are not statutorily defined,
common meaning must be applied.
“Dishonest” is defined as, “characterized by lack of truth, honesty, or trustworthiness.” (Merriam-Webster.com).
“Mislead” is similarly defined as, “to
lead astray” or “give a wrong impression.” (Id.) When business entities
take official action, including electing or appointing officers, they are
required to do so in accordance with
the law. (See, for example, Business
continued on page 2
In This
Issue
With The President...................... page 2
DATED MATERIAL
Welcome New Members............ page 6
Permit No. #164
Albany, NY
Member Update........................... page 8
GCAR REALTOR® Day
pages 4-5
Greater Capital Association of REALTORS®
451 New Karner Road
Albany, New York 12205
PAID
PRSRT STD
U.S. Postage
2
Across the Association
july/august 2013
continued from page 1
With The President
and for that I would like to thank you.
It is going to be hard to go in the office
and not find Huguette there, always
smiling and ready to help.
Have fun in your retirement!!!!
2013
GCAR President
Miguel Berger
Happy summer!!! I’m sure everyone
has been quite busy these last few
months; the market is doing extremely well. I just would like to remind
everyone that providing feedback on
showings is an essential part of our
business. If an agent does not provide
feedback it reflects poorly on all of us.
How about taking an extra 3 minutes
and next time you show a property
just send the feedback email back?
On another note Huguette Bushey
retired from GCAR’s staff at the end of
the June. I wanted to take this opportunity to say thank you for all you have
done for us. Not just for the association but for everyone personally. You
always were there when we had questions. On a more personal note you
have become a “mom” for many of us,
Earn the “right to complain”. It is
so easy to criticize something or
someone. I have heard over time too
many people discussing how things
could improve. It might be the MLS,
ZipForms, the government, etc. The
only way change can be effectuated
is by being involved and letting your
opinion count. It is very easy to sit
on the sidelines and just talk about
things. If you would like to make a
difference please volunteer for a committee instead of just talking about
things. At the end of the year when
we put out the call for volunteers
remember to complete that application. That way you are going to make a
difference. The same applies to making a difference with the government,
when dues go out at the end of the
month please make sure you make an
RPAC contribution, this is your way to
be involved and make a difference in
Albany and Washington D.C.
Have a great summer
Corporation Law section 715). Use
of a corporate title indicates that the
entity has taken such action. If an
agent advertises falsely that he or she
holds a corporate title, it would be
considered “dishonest” and “misleading” because doing so would lead the
public to believe that the brokerage
entity has appointed or elected the
agent as an officer or to a comparable
management position.
If a brokerage has taken action to
officially appoint or elect an agent as
a corporate officer, said action must
comply with 19 NYCRR 175.22 which
prohibits the ownership of voting
stock by real estate salespersons. The
regulation implements Real Property
Law section 441-b(2) which proscribes
that a real estate salesperson’s license
shall not be issued to any officer of a
licensed, corporate real estate broker,
a manager or member of a limited
liability company or to a member of a
co-partnership
licensed as a real estate broker.
Taken together, these provisions prohibit a real estate salesperson from
holding voting stock or being
appointed as an officer in a corporate brokerage, a manager or membership of a limited liability company
or a member of a partnership.
they apply equally to associate brokers. Real Property Law section 440(2)
defines an associate real estate broker
as, “a licensed real estate broker who
shall by choice elect to work under the
name and supervision of another broker…” The statute also provides that
while, “[S]such individual shall retain
his or her license as a real estate broker… the practice of real estate sales
and brokerage by such individual as
an associate broker shall be governed
exclusively by the provisions of this
article as they pertain to real estate
salespersons.” Because the regulations found in Title 19 NYCRR Part 175
were enacted to implement the statutory requirements of Article 12-A of
the Real Property Law, references to
salesperson, such as that found in 19
NYCRR 175.22, include by extension
associate brokers who, in accordance
with Real Property Law section 440(2),
have elected to work under another
broker’s name and supervision.
I am therefore, of the opinion that
brokerages may not provide corporate
titles to agents for marketing or other
purposes.
Agents would similarly
be prohibited from falsely advertising
that they hold such a position within
the brokerage.
Thank you for your inquiry.
Very truly yours, Whitney A. Clark
Associate Attorney
Although the statute and regulation refer to “real estate salesperson,”
Tonko in DC
Tedisco Lobby Day
Shown after meeting with Congressman Paul Tonko in his Washington, D.C. office are
(l-r) Albert Picchi, Laura Burns, James Ader, Congressman Tonko, Cathy Griffin, Felton
McLaughlin and Miguel Berger. The meeting was arranged by Mr. McLaughlin who serves
as the Congressman’s Federal Political Coordinator on behalf of NAR, NYSAR and GCAR.
Fourteen members of GCAR participated in NYSAR’s 2013 Lobby Day and had meetings
with nine senators or members of assembly. Shown here meeting with Assemblyman
Jim Tedisco are (l-r) Cathy Griffin, Laura Burns, Robert Freedman, Albert Picchi,
Assemblyman Tedisco, Jennifer Vucetic, Victoria Gettings and Elise Van Allen.
Across the Association
Officers
The newspaper of the Greater Capital Association of REALTORS®, INC.
451 New Karner Road
Albany, New York 12205
(518) 464-0191 • Fax: (518) 464-0196
“The Greater Capital Association of REALTORS® is a professional
trade association which provides its members with programs
and services which enhance the members‘ ability to successfully
conduct their businesses in a competent and ethical manner,
promotes cooperation among its members, and promotes the
public‘s right to own, use and transfer real property.”
The voice for Real Estate in
New York‘s Capital Region.
Caring • Committed • Community-minded
President – Miguel Berger
President Elect – Albert Picchi
Secretary/Treasurer – Cathy Griffin
Chief Executive Officer – James Ader
Dir. Of Association Svcs. – Laura Burns
World Wide Web page: www.gcar.com
E-mail: [email protected]
Production & Printing:
Foley Publications, Inc. • (800) 628-6983
Graphic Designer:
Jake Fletcher, Foley Publications, Inc.
Advertising Information:
Foley Publications, Inc. • (800) 628-6983
The Greater Capital Association of REALTORS® makes no
warranties and assumes no responsibility for the accuracy
on the information contained herein. The opinions
expressed in articles are not necessarily the opinions of
the Greater Capital Association of REALTORS®.
The Greater Capital Association of REALTORS® does not
necessarily endorse the companies products or services
advertised in the newsletter unless specifically stated.
Directors
Nina Amadon
Marie Bettini
Joseph Farry
Kelly Gardner
Anthony Garufi
Brooke Hackler-Medick
Joel Koval
Mark Phoenix
Cynthia Quade
Lorraine Schindler
Susan Sommers
Peter Staniels
Elise Van Allen
CRMLS Directors
Jason Christiana
Paula Gaies
W. Gregory Gersch
Rory O’Connor
Liz Schultheiss
Barbara Walton
Across the Association
july/august 2013
continued from page 1
2. Name of associated licensees. The
advertisement may include the names
of one or more associate real estate
brokers or real estate salespersons
associated with the real estate broker or brokerage placing the advertisement. Where an advertisement
includes the name of an associate
broker, real estate salesperson or a
team, the name of the real estate broker and/or real estate brokerage must
also be printed in the advertisement.
3. Nicknames. Real estate brokers,
associate real estate brokers, and real
estate salespersons shall advertise using
the name under which said real estate
broker, associate real estate broker or
real estate salesperson is licensed with
the Department of State. A nickname
may be used in an advertisement provided that the full-licensed name is listed clearly and conspicuously.
4. License type. Except as provided
in subsection (d) of this section, advertisements shall correctly and accurately
state the type of license held by the
real estate broker, associate real estate
broker or real estate salesperson named
in the advertisement. Licensees may
abbreviate the type of license held,
provided that such abbreviation is not
misleading. The use of the titles, “sales
associate”, “licensed sales agent” or simply “broker” is prohibited. Real estate
brokers, associate real estate brokers
or real estate salespersons who have
additional titles or designations are permitted to advertise such titles or designations.
5. Contact information. An associate
real estate broker, real estate salesperson or team may provide additional
contact information, such as a post
office box, in an advertisement.
6. Home offices. A residence may be
used as an office provided that it is
properly licensed by the Department
of State.
are associated, provided that the name
or logo of the real estate broker or real
estate brokerage is also printed in the
advertisement.
9.
Property
description.
Advertisements shall include an honest
and accurate description of the property
to be sold or leased. All advertisements
that state the advertised property is in
the vicinity of a geographical area or
territorial subdivision shall include as
part of such advertisement the name
of the geographical area or territorial
subdivision in which such property is
actually located. Use by real estate brokers, associate real estate brokers and
real estate salespersons of a name to
describe an area that would be misleading to the public is prohibited.
10.
Guaranteed
Profits.
Advertisements shall not guarantee
future profits from any real estate
activity.
(d) Additional requirements and
exceptions
1.
Classified
Advertisements.
Classified and multi-property advertisements shall indicate that the
advertiser is a real estate broker or
brokerage; or provide the name of the
real estate broker or real estate brokerage. Classified and multi-property
advertisements may omit the license
type of any associate real estate broker or real estate salesperson named
in the advertisement.
2. Business Cards. Notwithstanding
subdivision (c) of this section, business cards must contain the business
address of the licensee and the name
of the real estate broker or real estate
brokerage with whom the associate
real estate broker or real estate salesperson is associated. All business
cards must also contain the office telephone number for the associate real
estate broker, real estate salesperson
or team.
7. Telephone numbers. Not withstanding subdivision (c)(1) of this section, a real estate broker, associate broker, real estate salesperson or team may
provide telephone numbers other than
that of the brokerage in an advertisement, provided that the advertisement
clearly identifies the type of such other
telephone number as desk, home, cell
phone, or otherwise.
8. Logos. A real estate team, associate real estate broker or real estate
salesperson may use a logo different
from that of the real estate broker or
real estate brokerage with whom they
3. Web-based advertising
a. Websites created and maintained
by associate real estate brokers,
real estate salespersons and teams
are permitted, provided that said
associate real estate brokers, real
estate salespersons and teams are
duly authorized by their supervising real estate broker to create
and maintain such websites and
such websites remain subject to
the supervision of the real estate
broker with whom the licensees
are associated while the website
is live.
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b. Every page of such a website shall
include the information required
by these rules and regulations. In
addition, a link to the broker or
brokerage website with whom the
associate broker, salesperson or
team is associated is required on
the homepage of the associate
broker, salesperson or team website unless the broker or brokerage does not have a website.
4. E-mail. An initial e-mail from a
real estate broker, associate real estate
broker, real estate salesperson or team
to a client or potential client shall provide the information required by these
rules and regulations. Such information may be omitted from subsequent
e-mail communications to the same
recipient.
5. For-Sale Signs. Notwithstanding
subdivision (c)(1) of this section,
unless otherwise prohibited by local
law, any property listed through a real
estate broker must be advertised as
such, and any signage placed upon
such property soliciting the sale or
lease of the property must identify the
representative broker or brokerage.
6. Advertisements referencing property not listed with broker. Any advertisement that references or includes
information about a property that is
not listed with the advertising broker or was not sold by the advertising broker shall prominently display
the following disclaimer: “This advertisement does not suggest that the
broker has a listing in this property
3
or properties or that any property is
currently available.” Such advertisement: (i) shall not suggest, directly or
indirectly, that the advertising broker
was involved in the transaction and
(ii) shall not refer to property currently
listed with another broker absent consent provided pursuant to subdivision
(b)(2)(b).
(e) Teams
1. Team name. Team names shall
either: (i) include the full licensed
name of the real estate brokers, associate brokers or real estate salespersons who are part of said team, or
(ii) if the names are not included,
the team name must be immediately
followed by “at/of [full name of the
broker/brokerage].” Team names shall
use the term “team.” The use of any
other terms besides “team,” such as
“associate,” “realty” or “group” is prohibited. The use of the name of a nonlicensed individual in a team name is
prohibited. For twelve months after
the adoption of this regulation, teams
that have changed their name to comply with this provision shall be entitled
to state in advertisements under their
new name that they were ‘formerly
known as’ their prior team name.
2. Unlicensed team members. If any
unlicensed individuals are named in
advertising for a team, the advertisement must clearly and conspicuously
state which individuals are real estate
licensees and which ones are not.
4
Across the Association
july/august 2013
$35 Registration Fee
®
REALTOR DAY
Thursday, September 12, 2013 at the Desmond Inn & Conference Center
“Understanding Nonverbal Communication”
Keynote Speaker: Jan Latiolais Hargrave
As a professional speaker, distinguished lecturer, author of Let Me See Your Body Talk, Freeway of
Love, Judge the Jury and Strictly Business Body Language, Jan applies her amazing skills to show you
how to take advantage of the vast world of nonverbal communication. She is presently the CEO of Jan
Hargrave and Associates, a Houston-based consulting firm, and continues to provide many of today's
leading corporations with seminars and specialized training.
DIAMOND SPONSOR
GOLD SPONSORS
SEMINARS
“Self Defense is the Best
Defense-Tactical Self
Defense Awareness”
Presented by
Shihan Patrick Hussey
7th Degree Black Belt
PLATINUM SPONSORS
“I Don’t Give a Twit-Social
Media Risk Management ”
Presented by
Trista Curzydlo, J.D.
B/O/M Breakout Session
“Socio-Economic
Outlook of the
Capital Region ”
Presented by
Rocky Ferraro, AICP
Executive Director-Capital
District Regional Planning
Commission
Across the Association
july/august 2013
SCHEDULE OF EVENTS
A MESSAGE FROM OUR
COMMITTEE CHAIR
8:00 a.m.
Registration
8:30 a.m-9:30 a.m.
Continental Breakfast/Exhibitors
8:30 a.m.-12:00 p.m.
Visit the Exhibitors
9:00 a.m.-10:00 a.m.
“I Don’t Give A Twit-Social Media
Risk Management”
Trista Curzydlo, J.D.
I am very pleased and honored to chair
REALTOR® Day 2013, which will take
place on Thursday, September 12th at the
Desmond Inn and Conference Center in
Colonie.
Our talented REALTOR® Day Committee
and its Vice Chair, Robin Berlanti, have
worked very hard to plan and organize an
exciting and rewarding day for you.
*(2 sessions)
*(2 sessions)
“I Don’t Give A Twit-Social Media
Risk Management”
Trista Curzydlo, J.D.
“Self Defense is the Best Defense”
Shihan Patrick Hussey
10:15 a.m.-11:15 a.m.
B/O/M Breakout Session
“Socio-Economic Outlook of
the Capital Region ”
Rocky Ferraro, AICP
Executive Director-Capital District
Regional Planning Commission
12:00 p.m.-2:15 p.m.
Lunch/King Street Ballroom
Keynote Presentation
“Understanding Nonverbal
Communication”
Jan Latiolais Hargrove
2:15 p.m.-2:30 p.m.
Raffle and Silent Auction Winners
Winner of Registration Prize
Other Awards & Recognitions
~ Registration Prize ~
MUST be present to win!
Apple iPad3 donated by
Prudential Manor Homes, REALTORS®
Susan Sommers
We are delighted to have Jan Hargrave as our guest speaker. Jan is
an exceptional, nationally known speaker, lecturer and author of
many books, including Let Me See Your Body Talk and Strictly
Business and always presents enlightening and memorable seminars.
She will show us how to take full advantage of the vast world of
nonverbal communication. We don’t need to tell you how important
that type of knowledge and understanding can be in a real estate
transaction!
We also are pleased to present two one-hour morning educational
sessions to help expand your understanding of social media management and to enhance your personal security. Trista Curzydlo, J.D.
will join us to speak on Social Media Risk Management – a topic
particularly apropos to Realtors, while Shihan Hussey, a local expert
in karate, will share some useful information and important tips on
self-defense to help you ensure your personal safety as you go about
your daily work.
Each speaker will provide our attendees creative and practical information that can be brought right back to the office and applied. We
will also have a special session for Broker-Owner-Managers. Rocco
Ferraro, the executive director of the Capital District Regional Planning Commission, will bring us up to speed on the major trends,
opportunities and challenges that the region faces.
Of course, it wouldn’t be GCAR REALTOR® Day without a wide
variety of exhibitors. This year’s array of exhibitors will provide a
great opportunity for members to network and to learn more about
the services and products available and to meet with the people who
provide them.
I am proud to announce that our silent auction and raffle will benefit
an outstanding Capital Region organization: the Albany Boys and
Girls Club, which provides a much needed home-away-from-home
and a range of programs and activities for children from prekindergarten to high school.
I look forward to seeing everyone on September 12th at the Desmond and to your participation in making this day a huge success!
“Self Defense is the Best Defense”
Shihan Patrick Hussey
10:15 a.m.-11:15 a.m.
Raffle and Silent Auction!
All proceeds to benefit
Boys and Girls Club of America
Over 44 Exhibitors!
Registration Fee: $35
Name__________________________________________________
Agent ID _________________________
Company_______________________________________________
Telephone # ______________________
LUNCH CHOICE:
___ Chicken Caesar Salad
___ Penne Primavera
___ Peppered Turkey Wrap
Mail This Form and Payment to: GCAR 451 New Karner Rd. , Albany 12205 or call 464-0191
Fax Charge To 464-0196 or Register Online at www.GCAR.com, Internet Member Services Area
Payment (Check One)
_____ Check payable to GCAR
5
M/C _____ VISA _____ AMEX _____ Discover ______
Card # ______________________________________________________________ Expires_______________
Signature as it appears on card ________________________________________________________________
REGISTRATION CLOSES Monday, September 9, 2013.
No Refunds for Cancellations or No-Shows.
___Check here if you have a disability which will require special services.
6
Across the Association
july/august 2013
Welcome New Members
REALTOR®
CMK and Associates
Kristyn Barton
Deborah M. Conti,
List 2 Sell, Malta
CMN Realty
Michael Olekosk
Michael J. DelPiano,
CKM Team Realty, Schenectady
Coldwell Banker Prime Properties
Shawn Clark
Nadine Film
Heidi E. Hancock
Gary H. Kiddney II
Thomas R. Mahoney, Jr.
Tammey Manderville
John J. Quinlan IV
(principal)
Paul Hoffman,
Tru Tour Realty LLC, Averill Park
Matthew S. Landry,
Sterling Black Real Estate, Cohoes
Joseph Palazzotto,
Realty Plaza Enterprises, East Islip
William J. Cole Real Estate
D. Kirk Tooley
Renae M. Salerno,
Choice Connection Realty,
Saratoga Springs
Crisafulli Associates
Myoungsoo Ham
Patrick Seeberger,
CCS Realty Group, Rexford
REALTOR®
(non-principal)
Falvey Real Estate
Cassandra M. Franklin
Four Star Realty Group
Tina M. Warnstadt
Albany Realty Group
Jessica Walsh
Gallagher and Company
Romaine Reynolds Rusk, Jr.
Brass Realty
Chad Dorrough
Gucciardo Real Estate Group
Scott Luther Jennings
Kathryn J. Kennedy
Clancy Real Estate
Derek M. Devenpeck
Hunt Real Estate ERA
Ethan Crevatas
Keller Williams Capital District
Michael Feldman
Brock Earl Forkey
Keller Williams Realty Saratoga
Terri Belmonte
Brooke Clark
Laura Crummack
Jason Paulsen
Brooke Rocque
Kinship Properties
Heidi Mouyos
Maxwell Property Management
Timothy Sheehan
Miranda Real Estate Group
Richard J. Dunsmore
Martin Rist
Daniel Arthur Sickles
Ernest Small
Mike Towers
Olmstead Real Estate Group
Michelle Colman
Prudential Manor Homes
Mark Flickinger
Colleen M. Freedman
Kamlawatie Kafiluddi
Erin Looman
Ashley A. Morris
Steven Winney
RealtyUSA.com
Ilda Ceci
Heather E. Copps
Devin Cremeans
Suzanne DeLyons
Kelley Fletcher
Diane L. Hodge
Stacy E. Pelletier
Amy Pisinski
Rhonda K. Ruthman
Jodi Skorupski
Sunkes, Patrick
Leah Tourt
Roohan Realty
Gail A. Delilli
Cathy Libecci
Select Sotheby’s International
Realty
Stefany McBrady
Sterling Homes Real Estate
Christie Hoyt
Susan Richards
Veronica W. Lynch
Deborah M. Bremm
Weichert, REALTORS®, Northeast
Group
Sarita L. Porter
Purdy Realty
Susanne P. Jones
National Association Amends
REALTOR® Emeritus Criteria
NAR’s REALTOR® Emeritus program is a
popular means to recognize REALTORS®
who have been members of their local,
state, and the national association for
forty consecutive years.
But the popularity of the program
and the longevity of so many REALTOR®
members has caused the National
Association of REALTORS® to revise the
criteria for the recognition effective
January 1, 2014.
vice to organized real estate at the level
of the National Association.
The previous requirement to receive
the recognition (and the added benefit of NAR/NYSAR dues waiver) was the
single criteria of 40 years of consecutive
membership. Going forward an applicant for REALTOR® Emeritus status will
also have to document one year of ser-
We expect this one year of service
may include participation on an NAR
committee, as a member of NAR’s Board
of Directors, or any other full year of
service. NAR feels that the requirement
of some type of meritorious service in
addition to a substantial term of membership makes for an even more prestigious recognition and one which is economically sustainable into the future.
Huguette Bushey
Retires After 48
Years Service
Huguette Bushey, GCAR’s Assistant
to the Chief Executive Officer, has
retired at the end of June after a long
career with organized real estate.
Mrs. Bushey was hired in 1965 by then
Executive Director Ralph DuPont to work
for the Albany County Real Estate Board.
She has remained a key member of the
staff of the “Board” as it has grown through
programming services and merger
(Rensselaer County Board of REALTORS®).
She has been a familiar face to GCAR
members from her duties as GCAR’s
bookkeeper, GCAR’s health insurance
expert, and certainly by her presence
at all of GCAR’s social/networking/
educational functions which she ran
with great efficiency.
Mrs. Bushey will be missed for her
ready smile; her complete understanding of GCAR, its files and its history;
and her institutional knowledge which
GCAR will be hard pressed to replace.
She and her husband Mel will retire
in Guilderland. We wish her a long and
happy retirement.
Across the Association
july/august 2013
7
GCAR Seeks Recommendations For Next
REALTOR®-Of-The-Year
GCAR’s Past ROTY’s
Each year GCAR awards one of
its members with the REALTOR®-ofthe-Year recognition. And each year
GCAR looks to its membership at
large to provide the ROTY Selection
Committee with possible candidates
for the honor.
Drawing from the recommendations from the membership and their
own experiences and research the
Selection Committee makes the selection and that person is announced
during the luncheon at REALTOR® Day.
So we are asking that each of you
think about the ROTY award and, if you
know of a member you feel deserves
consideration, submit that name and
a brief explanation of why you feel
that person is worthy of receiving the
ROTY and we will ensure this information gets to the Selection Committee.
2. Civic Activity: Local, state and
national level participation in civic
and service organizations; charitable
activities; participation in fraternal,
religious and/or political organizations.
Nina Amadon ‘05
Victoria Gettings ‘92
Arlene Barbagelata ‘95
Joel Koval ‘09
Miguel Berger ‘07
Sandra Nardoci ‘04
Marie Bettini ‘06
William Sarris ‘97
Robert Blackman ‘92
Lorraine Schindler ‘10
3. Business Accomplishments:
Recognition of high standards of business conduct; service to clients and
customers; imaginative and creative
advertising programs; etc.
Anne Carroll ‘12
Paul Semanek ‘03
Laura Conrad ‘11
Joseph Silvey ‘94
Jeffrey Christiana ‘08
Peter Staniels ‘00
J. Gregory Connors ‘98
Carol Vierath ‘93
4. Realtor Spirit: High ethical principles; adherence to license laws, local
association rules & regulations and the
Realtor Code of Ethics.
Douglas Engels ‘99
Charles Wilson ‘93
Robert Freedman ‘96
Jacquelyn Witbeck ‘01
Joni Gara-Albert ‘02
Agents...
When considering candidates for
REALTOR®-of-the-Year the following
areas may be included in that review.
There is neither rule nor policy that
a member must excel in each area.
These are only suggested areas to
encourage discussion and are provided here to give you an idea of which
areas of a member’s life are included
in the selection process.
Get your own Real Estate app
branded to you
Smart Phone penetration
surpassed 50% this year and
more than half of the users
use their phone to go online.1
1. Local Association Activity:
Association leadership positions held;
committee assignments; educational
activity; memberships and offices held
in affiliated organizations.
Everyday more home
shoppers are using their
phone to locate listings. Route
those calls and emails to you!
App Functions:
All calls and emails (no matter who the listing agent
is) go to you!
This app will enable end users to search for all
MLS listings via IDX (Paragon) by address, city/
town, state, zip code, property type, min/max
price, beds, baths, distance radius and MLS#.
It geo-locates the user to help them find the
closet houses (if they wish). Users can save their
favorites.
Marketing Distribution Tools
that are included.
FlynnWayne Joins
GCAR As
Finance
Director
• Personalized text code
(so you can text your app to prospects).
• QR code (to use in print marketing).
• Short URL (easier to type into mobile browser
so user can download your app)
• Downloader Page (a great tool so users can
download app from website or blog).
• We also provide a “sniffer” code so that all
website traffic from a mobile phone will be redirected to download your app.
• Statistics and maintenance. Acess to a personal
dashboard to track usage of your app and it’s
statistics.
Investment
$50 one time
$9.99 per month
Setup
Maintenance
The most used real estate site in the
Capital Region now has a Mobile App!
Download
Now!
Joann Flynn-Wayne of Latham has
joined GCAR’s staff in the newly developed position of Finance Manager. Ms.
Flynn-Wayne started in the position on
June 3rd of this year and will manage
accounting and finance functions as
well as GCAR”s health care benefits.
Mrs. Flynn-Wayne comes to GCAR
after five years at Northeast Health
in Albany. She is a graduate of Iona
College in New Rochelle with a BA
in Business Administration and
Marketing with a minor in Accounting.
She completed her CPA eligibility at
the University of Missouri at St. Louis.
Copyright © SMARTER AGENT.™ All rights reserved.
The App is in all major App stores:
Android, IOS (iTunes) and Blackberry,
or use this convenient QR code for use
on smart phones.
See for yourself
Contact the Times Union for more information.
Anne Curcurito
Susan Lynch-Smith
John Sorensen
1
2
454-5310
454-5388
454-5019
http://pewinternet.org/Reports/2012/Cell-Internet-Use-2012.aspx
Our vendor partner.
Craig Eustace
Susan Quine
454-5529
454-5026
LV25994
»
8
Across the Association
july/august 2013
Member Update
Sympathies are extended to:
REALTOR® Denise Arnold, Coldwell Banker Prime Properties and her
family on the death of Denise’s sister Donna Daniels.
REALTOR® Kathleen Clark, Yankee Realty and her family on the death
of her son US Army LTC Todd Clark who was killed while on duty in
Afghanistan.
The family of REALTOR® Roger Ebert, Richmondville Realty, on Roger’s
death.
REALTOR® Kristine Petruso, Thomas J. Real Estate and her family on
the death of her father Vincent.
Congratulations to the following GCAR members who completed
the CBR course at GCAR and have been awarded the Certified Buyer
Representative (CBR) designation:
Better Networking Realty: REALTOR® Jeff Arjune
Coldwell Banker Prime Properties: REALTOR® Tyhisha Ghaffar-Adjei
Falvey Real Estate Group: REALTOR® Craig LeClaire
Hunt Real Estate: REALTOR® Danielle Vento
Keller Williams Saratoga: REALTOR® Katherine King
McSharry & Associates: REALTOR® Julie Sasso
Prudential Manor Homes: REALTORS® Edward Barber, Latasha Bosh,
Liz Gabeloff, Judy Kaiser, Daniel Pfoltzer, Kyle Jennifer Schoonmaker
and Joan Taub
Prudential Blake Commercial: REALTOR® David Sheehan
RealtyUSA.com: REALTORS® Liz Paone and Deborah Poulton
Braman
Selected As
GCAR’s General
Counsel
James E. Braman and Lemery Greisler,
LLC has been selected by GCAR’s Board
of Directors to serve as GCAR general
counsel going forward. Mr. Braman will
handle those duties previously attended to by the late Michael T. Wallender.
Mr. Braman comes to the position
uniquely qualified to serve as REALTOR®
association legal counsel. For twelve
years, before joining Lemery Greisler, he
worked with Michael Wallender where
he was immersed in REALTOR® issues
including many of which concerned
either GCAR or its affiliated MLS the
Capital Region Multiple Listing Service.
He provided legal counsel to NYSAR’s
officers and directors on issues ranging from corporate guidance, agency
law, anti-trust law, contract law and fair
housing law.
He has attended both ethics and
arbitration hearings to lend counsel
to the Hearing Panel. For ten years
he was the voice of NYSAR’s Legal
Hotline before this function was taken
over in-house by NYSAR. He has represented REALTORS® in issues with the
Department of State; he has taught
professional and continuing education
offerings for GCAR and other local associations the most recent being “Real
Estate Legal Issues - Not Knowing Can
Be Dangerous” RI402.
He has been retained by ACE
American Insurance Company to
litigate matters of corporate governance related to local associations of
REALTORS®.
The Board of Directors is pleased
to have Mr. Braman associated with
GCAR as we move forward to become
the best association possible for our
membership.
RE/MAX Capital: REALTOR® Jeffrey Decatur
Roohan Realty: REALTOR® David Schweizer
Titan Realty Group: REALTORS® James Corso and James Tetrault
Tri-Star Real Estate: REALTOR® Anthony Jasenski, Sr.
27559 GCAR NYSAR-Affinity 5x8 cmyk_Layout 1 4/5/13 8:15 AM Page 1
N E W Y O R K S TAT E A S S O C I AT I O N O F R E A LT O R S ®
YOUR SOURCE
FOR SAVINGS
Next Generation
Scholarships Given
To Four GCAR Family
Members
Recognizing the need to support the
future of the real estate industry, NYSAR
Real Estate Services, Inc., NYSAR’s
wholly-owned for-profit subsidiary,
together with the New York State Real
Estate Education Foundation, created
the Next Generation Scholarship Fund
last year to award scholarships to the
next generation of real estate professionals for higher education. Relatives
of REALTOR® members entering or
attending a two or four-year institution or pursuing graduate studies
in real estate or a real estate-related
field are invited to apply for the Next
Generation Scholarship.
This year four family members of
GCAR REALTOR® members have
been awarded a “Next Generation
Scholarship”. So honored are:
Olivia Lupoli, daughter of REALTOR®
James Lupoli, Wayne Miller Appraisal;
Jonathan Peatfield, son of REALTOR®
Jacqueline Conti, Conti Appraisal and
Consulting;
Vanessa Styles, daughter of
REALTOR® Janice Styles-Hall, Coldwell
Banker Prime Properties; and
Jonathan Thompson, son of
REALTOR® Valerie Thompson, Roohan
Realty.
Applications for the 2014 Next
Generation Scholarship Fund will be
available online in December at www.
nysreef.org.
Your NYSAR membership saves you money by giving you access to
exclusive discounts and special offers on products and services that
directly benefit you and your career.
• Energy Plus®
• Guardly Mobile Safety App
• NAR REALTOR® BenefitsSM
Products & Publications
• Pearl E&O Insurance
• PossibleNOW
• NEW! TransUnion
MySmartMove
• NEW! Time Warner Cable
REALTOR® Referral Program
• UPS
• USI Affinity – Health, dental, auto,
homeowners and long-term care
insurance; Premium Protection
Plans; and the RxCut® Card.
• World Class Coaches –
Moving Families Initiative
Visit the Member Perks section
at NYSAR.com for details.
Miguel Berger (l) and Marie Bettini presented a NYS Real Estate Education Foundation
“Next Generation” scholarship to Olivia Lupoli at GCAR’s May Board of Directors meeting while her proud father REALTOR® James Lupoli, Wayne Mille Appraisal, looks on.