New York Real Estate Broker`s Liens FAQ NAR Directors Approve

Caring • Committed • Community-Minded
Official Publication of the Greater Capital Association of REALTORS®
Volume 24, Number 5 September/October 2013
NAR Directors Approve Sweeping
Changes To REALTOR.com
unanimous” it did not come without
significant oppostion from those who
felt that opening realtor.com to listings of brokers who are not REALTORS®
flies in the face of the brand REALTORS®
have worked so hard to develop. But
the changes reported here have been
approved and implemented.)
(Editor’s Note: The following is the official article/report of changes to realtor.com approved by NAR’s Board of
Directors. Although the vote was “nearly
In a nearly unanimous vote, the
National Association of REALTORS®
Board of Directors approved recommendations that it feels will help real-
tor.com® compete head-to-head with
third-party listing aggregators on
building a comprehensive site, including more unlisted new homes and
rentals.
Although the realtor.com domain is
owned by NAR, the site is operated by
San Jose, Calif., based Move Inc. under
an operating agreement between
two subsidiary companies: NAR’s
REALTORS® Information Network (RIN)
and RealSelect, a subsidiary of Move.
The site has been an undisputed leader in engaging consumers who are
in the market for homes, but over
the last several years, third-party sites
such as Zillow and Trulia have drawn
heavy attention from a wider range of
consumers—from the merely curious
to current homeowners looking to
case their neighborhood for recently
sold properties.
continued on page 3
New York Real Estate Broker’s Liens FAQ
When can a broker’s lien be filed?
The Notice of Lien may be filed after
the performance of brokerage services
and execution of the lease. However, if
the commission is to be paid in installments then the Notice of Lien may be
filed within eight (8) months after final
payment is due but no later than five
(5) years after the date the first payment was made.
Hacker
Murphy, LLP
John F. Harwick, Esp.
By John F. Harwick, Esq.
What is a broker’s lien? When a
licensed real estate broker obtains
a tenant for a lease of commercial
property, the broker is entitled to a
commission. In cases where a broker’s
client is reluctant to pay a broker’s
lien for the commission may be filed
against the real property.
Who can file a broker’s lien? A broker who obtained a tenant for a lease
of a term of more than three years
for non-residential purposes pursuant to a written contract of brokerage
employment or compensation can file
a lien. However, a tenant’s broker is
not eligible to file a lien. Only the broker for the landlord or owner of the
property is entitled to file a lien.
What does the lien attach to? The
lien attaches to the leased real property.
When does the lien arise? The lien
“attaches” to the property upon filing
a Notice of Lien. The Notice of Lien
must be served on the owner of the
property within the statutory period.
If the broker does not properly serve
the owner of the property, and file
proof of service within the statutory
deadline, then the lien is terminated
and ineffective.
How do I file a lien? The Notice of
Lien must be filed in the Clerk’s office
of the county where the property is
situated. If the property is in two
counties then it must be filed in both
Clerks’ offices. The commission agreement must be attached to the Notice
of Lien. There are very strict service
requirements for serving notice on
the property owner and filing proof
of service. A broker should consult
an attorney to ensure the lien is pre-
pared, filed, and served correctly.
How long does a broker’s lien last?
A broker’s lien can last for one (1) year
after the Notice of Lien is filed unless
the lien holder within that one year
time acts to foreclose on the lien to
seek payment. The lien can be extended another year by filing a notice of
extension, which must include the
name of the property owner, name of
the lien holder, a brief description of
the property, how much the lien is for,
when the original lien was filed and
the extension should be served on the
property owner. The lien can only be
automatically extended that one time.
If another extension is sought it must
be through a court order.
Is a written brokerage agreement
required? Yes. Generally a written
agreement is not required for a brokerage contract. However, New York Lien
Law requires a “written agreement of
employment or compensation” to be
able to file for a broker’s lien.
Can the broker waive the right to
a lien for his commission? No. Under
New York Lien Law any agreement to
waive a right to file or enforce any lien
will be found void as against public
policy and wholly unenforceable.
In This
Issue
With The President...................... page 2
Welcome New Members............ page 6
DATED MATERIAL
Member Update........................... page 8
Volunteers For 2014
Committees
page 4
Can a broker file a lien regarding the sale of real property? No, a
broker can only file a lien for commission when the broker has procured a
tenant, with a lease for more than 3
years, for non-residential purposes.
However, a broker can file an affidavit
for entitlement of commission in a
sale of real property but this does not
arise to the level of a lien and has far
different rules.
What is the effect of bankruptcy
on a broker’s ability to file a lien? A
broker can file a lien against a client
in bankruptcy as the “automatic stay”
does not prevent any act to perfect or
to maintain perfection of an interest
in property.
What happens if the client refuses
to pay? The broker can foreclose on
the lien and force the sale of the property at public auction. The cost of the
sale, taxes, and superior liens will be
paid first. The broker will be entitled
to the surplus up to the amount of
their lien.
John F. Harwick, Esq. is with the law firm
of Hacker Murphy, LLP with offices in
Latham, New York – [email protected]
Permit No. #164
Albany, NY
Greater Capital Association of REALTORS®
451 New Karner Road
Albany, New York 12205
PAID
PRSRT STD
U.S. Postage
2
Across the Association
september/October 2013
With The President
2013
GCAR President
Miguel Berger
Probably about the same time
you receive this copy of Across The
Association we will be but a few days
away from our REALTOR® Day 2013. I
know the program the Committee has
put together is a powerful set of educational programs, an exciting trade show,
and an awards luncheon we will long
remember. I hope to see you all there.
You will be pleased to know that
the Board of Directors has approved
entry into two separate contracts to
provide GCAR members (these are
GCAR member benefits, not CRMLS programs) with blanket access to Digital
Ink, an electronic signature provider;
and to zipForm® Mobile Web Edition
for Apple® iPad® & iPhone®, BlackBerry®
, and Android™ devices. By virtue of
your GCAR membership you will be
able to use either or both tools. Best
yet we do not expect your local association dues to be impacted by these
new services. Spread the word to members of other associations and let them
know that membership in GCAR beats
all other local associations or boards of
REALTORS®. We would welcome their
membership.
GCAR has made several proposals
to the other owner of CRMLS, including
one arrived at with the assistance of
outside impartial parties, but all have
been rejected. So CRMLS is maintaining, at the direction of the court, the
status quo until such time as a ruling
is received from the offices of the NYS
Supreme Court judge hearing the issue.
If anyone suggests that either party has
“won” anything please understand that
is wrong – absolutely wrong.
An ongoing issue, one which started
last September and has not yet been
resolved, is the ownership of the Capital
Region Multiple Listing Service. When
this all began last year the GCAR Board
of Directors felt it had a fiduciary responsibility to its membership to ensure that
the multiple listing service product
provided to our members would be
now, and in the future, the best system
available to us. However, as the CRMLS
has evolved since its formation in 1988
we now find ourselves in the situation
where an association of 158 members
has equal control over CRMLS as does
GCAR with its 2,700 members.
“When will this be over?” is a great
question but one we cannot answer. The
wheels of justice do grind slowly. But
your officers, your Board of Directors,
and legal counsel hired specifically to
protect your interests are on top of this
every single day.
The months ahead will be active ones
at GCAR as we install the two new products mentioned above, as we help you
prepare for the new Department of
State advertising regulations, as we support both the fall business meetings of
NYSAR and the November convention
& expo of NAR, and as we facilitate the
change in leadership as Jim Ader retires
and Laura Burns becomes our CEO. Add
to that an active and healthy real estate
market and our hands will be full.
Take advantage of the excellent market conditions we now enjoy. As always
we never know for certain when conditions will change, but we do know for
certain they will.
Broker/Owner/Managers Council
General Membership Meeting
The Broker/Owner Manager’s Council
will be sponsoring
“DOS New Advertising Guidelines”
presented by
Anthony Gatto, Esq.
NYSAR Counsel
~~ September 12, 2013
~~
September 12, 2013
Thursday, October 31, 2013
2:30 p.m. –4:00 p.m.
Hilton Garden Inn
30 Clifton Country Rd., Clifton Park, NY 12065
~~ Please call to reserve your seat. ~~
464-0191 ext. 10
 Team naming and advertising
 Website and social media
 For sale signs
 Business cards
 Nicknames
 Code of Ethics and advertising
Fabulous Line-Up of Speakers! Great Exhibitors! Prizes Galore!
Desmond Inn & Conference Center, Albany NY
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
september/October 2013
3
continued from page 1
As a result of the vote, the RIN board
approved amending the operating
agreement with RealSelect in three
fundamental ways:
1. Amending the restriction that
says Move may display only listings that have been sourced from
REALTOR®-owned and controlled
MLSs or from REALTORS®. Under
the revised agreement, Move will
be able to obtain listings from
entities that are not REALTOR®owned and controlled and from
brokers who are not REALTORS®.
2. Amending the restriction on
unlisted properties. The revised
agreement will allow the display
of unlisted new homes and new
home communities and will allow
the display of unlisted properties
that are for rent. Individual consumer FSBOs remain precluded
from the site.
3. Amending the requirement for
listing broker’s consent for the
foreclosure status of a listing to
be displayed. Under the revised
agreement, unless the listing broker objects, Move/RealSelect will
have the ability to identify:
• Properties where notice of
default has been recorded
• Auctions of distressed properties
• Short sales
• Foreclosures
• Bank-owned properties
The 756-member NAR board represents the nation’s 1 million REALTORS®
and more than 600 attended the historic meeting in Chicago, the first special meeting of the board since 1996,
when the original operating agreement was executed between RIN and
RealSelect.
Since May, when the special meeting was announced, people have
been speculating about what changes
might be in the offing. Because Move
is a publicly traded company, however, NAR maintained silence about
the proposed changes until the meeting, providing board members with
only general meeting information in
advance and requiring that they check
their smartphones at the door to avoid
having the proposal broadcast and
debated via social media before the
vote. Security guards were posted outside the closed-door meeting to prevent journalists from entering.
Competing in a World of
Technology
For directors who weren’t at the
1996 gathering, NAR CEO Dale Stinton
opened the meeting with a “walk
down memory lane,” a slide show juxtaposing the past 20 years of NAR’s
history with what was happening in
the world and in technology. At the
outset of the commercial Internet era,
he said, there was great uncertainty about whether REALTORS® would
maintain their roles at the center of
the real estate transaction.
Indeed, in a REALTOR Magazine
Q&A published in 1998, Move
Chairman Joe F. Hanauer (a member
of the RealSelect board then and now)
argued that as Internet technologies
evolved, it would be critical to have
an entity that protected REALTORS®
in the online space. Without it, third
parties could easily change the rules,
making it harder and more expensive
to do business.
“Every real estate broker and salesperson knows what it's like when a
new newspaper, magazine, or TV home
show is launched in their market.
They'd rather not support it because,
if they do, it will gain acceptance and
need to become a permanent part of
their promotional budget,” Hanauer
said. “Yet they're offered special terms
and a preferred position as part of the
new venture, and if they don't take it,
their competitors will, and they'll have
to live with a secondary position for a
long time.”
By the same token, agents and brokers who’ve actively positioned themselves as content providers for today’s
third-party aggregators have accrued
advantages in the form of increased
visibility, credibility, and leads. That’s
great for them and for consumers. But
it doesn’t negate the need for a partner that can meet consumers’ needs
while protecting REALTORS®’ interests,
according to Hanauer’s argument. “If a
site can capture your listing data until
it has strong consumer acceptance
and then change its policy regarding protections, you've simply bought
into tomorrow's problems.”
At their meeting, directors had a
chance to see the danger of such a scenario. Curt Beardsley, vice president of
business development for realtor.com,
showed practices that demonstrate
Zillow’s attitude toward the industry. The site, he said, leaves the real
estate practitioner out of its advertising; puts inaccurate Zestimates next
to list prices; encourages consumers
to sell without an agent; posts inaccurate, out-of-date information; and
buries basic listings behind pages of
“featured” (paid) listings.
'Innovate or Be Innovated On'
Brian Boero of 1000 Watt Consulting
then talked about the meaning of
brand and the value of the REALTOR®
brand, recently valued at $4.5 billion,
according to NAR CEO Dale Stinton. In
the world of technology, Boero said,
“you can innovate or be innovated on,
and 17 years ago, when you started
realtor.com, you chose to innovate.
And because you chose to innovate,
you set the standard for how listing
sites operate in the United States. In
the U.S., brokers do not pay to display
listings on aggregator sites; the rest of
the world is “pay to list.”
“And realtor.com is more than a
technology partner,” Boero said. “It is
a brand partner. It is an instrument
of the REALTOR® brand, generating
450 million brand impressions every
month through its website, mobile
apps, and social media. Brand equals
meaning, and real estate today equals
REALTORS®. It’s in consumers’ minds.
What’s happening here today is deepening that.”
Before the proposal was put before
the board, realtor.com® President Errol
Samuelson took the stage to show
how realtor.com® is incorporating the
brand into its listings, mobile apps,
and advertising, and he shared some
of the innovation that’s underway. He
said realtor.com is preferred by consumers in the home sales space two
times more than Zillow and 28 times
more than Trulia, but the site is facing
an eroding share of Internet traffic,
particularly in markets where there
are many non-REALTOR® practitioners.
“REALTORS® have invested a lot of
time and millions of dollars in building information technology to give
consumers online access to real estate
information, and we know that consumer demand for all things ‘home’
has never been greater,” said NAR
President Gary Thomas, broker-owner of Evergreen Realty in Villa Park,
Calif. “We want realtor.com to have
the resources and flexibility it needs to
give consumers what they want while
ensuring that today’s buyers and sellers can continue to rely on REALTORS®
for the most accurate, credible market
data. We think the proposed changes achieve both goals.” Samuelson
said changes will happen at “Internet
speed.”
Vision for the Future
“Clearly, the decision will change
the way we operate the site,” said
Alison Schwartz, vice president of
corporate communications for Move.
“But we want to ensure we are evaluating each new opportunity against
our core value proposition, especially
accuracy. In the coming months, you
may see some changes on our website
and mobile apps centered on new
homes and rentals.”
In addition to accuracy, REALTORS®
may be concerned about seeing
their listings co-mingled with nonREALTOR® listings. “When the changes
are implemented, the site will continue to clearly distinguish REALTOR®represented listings and will use
language that more prominently
emphasizes the difference between
REALTORS® and non-REALTORS®,” said
RIN President and CEO Bob Goldberg.
After the vote, Samuelson expressed
his gratitude. “I’ve been involved with
realtor.com since 1999, and I have
a great passion for what we do,” he
said. When consumers search for
their dream home today, they have
more tools and information than ever
before, said Samuelson, who also
serves as chief strategy officer for
Move Inc. “Today’s historic and collaborative recommendation by the NAR
board empowers us to further expand
and enrich the consumer experience
on realtor.com and its mobile applications with greater breadth of content,
and to do so with our continuing commitment to the highest level of quality
and accuracy for both the real estate
community and consumers.”
4
Across the Association
september/October 2013
Volunteers Welcomed For 2014 Committees
One of the first responsibilities every year of the Board of Directors of the
Greater Capital Association of REALTORS®, Inc. (GCAR) is to appoint committees for the year. Albert Picchi, 2013 president-elect, will submit recommendations to that end to the Board in late 2013 for approval. Mr. Picchi has
asked that each of you consider serving on a committee of GCAR. Following is
a list of GCAR committees and their purposes. If you are interested in serving
complete this form and return it to GCAR headquarters either by mail, email
or fax. Thank you.
Community Relations Committee
Develops programs for GCAR participation in community, civic, and charitable programs. Makes recommendations as to distributions from the GCAR
Community Outreach Fund.
Education & Member Services Committee – REALTOR® Day
Subcommittee
Plans and coordinates all aspects of REALTOR® Day, GCAR’s education and
trade show.
Education & Member Services Committee – Broker/Owner/Manager
Subcommittee
Develops quarterly education programs which would be of particular interest to broker owners and office managers.
Education & Member Services Committee – Program/Member Services
Subcommittee
Oversees all educational offerings of GCAR; and its member product & services programs. Plans and coordinates all skill training programs, educational
seminars, continuing education courses and national designation courses.
Researches and reviews all potential product and service proposals that offer
special benefits and discounts to GCAR members.
Emerging Issues & Long Range Planning Committee
Investigate industry trends and suggest structural changes for GCAR with
an eye on keeping GCAR the best choice for a licensee’s professional affiliation
into the future.
Fair Housing/Cultural Diversity Committee
Investigate, accumulate and distribute information on programs and grants
directed towards affordable housing initiatives. Consider programs to keep
GCAR culturally diverse in its programming.
Grievance Committee
Reviews requests for arbitration and ethics complaints to determine if a
hearing is appropriate. Limited appointments for three-year terms available.
Appointees must have been REALTORS® for a minimum of five (5) years.
Professional Standards Committee
Provides members to sit on arbitration or ethics hearing panels. Limited
three-year appointments available. . Appointees must have been REALTORS®
for a minimum of five (5) years.
RPAC Fundraising Committee
Develop a program to increase the participation of GCAR’s membership in
the REALTORS® Political Action Committee. Seek to meet assigned goals in
both fundraising and membership participation.
Technology Committee
Plan programs, networking, and other events to help GCAR members
remain current with new technology, and better use current technology, in
their real estate business.
Al: Please consider this my offer to serve on the following
GCAR committee(s) in 2014
Community Relations: ____
Fair Housing/Cultural Diversity: ____
EDMS – REALTOR® Day: ____
Grievance: ____
EDMS – Broker/Owner/Manager: ____ Professional Standards: ____
EDMS – Program/Member Services: ____ RPAC Fundraising: ____
Emerging Issues & Long Range Planning ____
Technology: ____
RETURN TO: James A. Ader, CEO, GCAR 451 New Karner, Albany, NY
12205 (fax: 464-0196) (email: [email protected])
Please consider me for appointment to the committee(s) noted
above for the year 2014:
Name: ______________________________________________
Firm: _______________________________________________
Short Sales & Foreclosures: What RE Professionals Need to Know
Short Sales & Foreclosures: What RE Professionals Need to Know
to Greater Capitol REALTORS® for
your support this season!
Hope to see you at the trade show!
SFR Certification
October 15, 2013
Lawrence McGann
Spire Inspections offers...
• Full Service
Inspection Company
• Certified Radon Specialist • Flexible Scheduling
• Licensed Pest Technician • Same Day Report
PHONE: 518-937-2952
WWW.SPIREINSPECTIONS.COM
7 Hours CE
In today’s market, this information offered in this course can be invaluable. Topics covered
include how to qualify sellers for short sales, how to develop short sale packages, negotiating
with lenders, safeguarding your hard earned commissions and more. Don’t miss it!
Registration Fee: $125 Members/$150 Non Members
8:30 a.m. – 5:30 p.m.
Location: GCAR Training Center 451 New Karner Rd, Albany 12205
Instructor: Randy Templeman, ABR, AHWE, CBR, e-Pro, SRES
4 easy ways to register:
Visit the Members' Education Section at nysar.com
Fax credit card registrations to 518.462.5474
Call 463-0300 x 219
Mail check registrations to: NYSAR, 130 Washington Ave., Albany, NY 12210
Across the Association
september/October 2013
5
CIREB Corner
Annual 23rd
Annual Golf
Outing &
Fundraiser
CIREB’s Annual Golf Outing was held
on June 17th at Wolferts Roost Country
Club. A total of 104 CIREB members,
guests and clients played and despite
the rain and early end to the game
raised $5,000.00 for the Catie Hoch
Foundation. The Foundation is an allvolunteer organization dedicated to
helping children while in treatment for
cancer. Visit www.catiehochfoundation.org for more information. We like
to thank our generous sponsors and
golfers for making this a great success.
CIREB
Welcomes
New Members
January –
July 2013:
Broker Membership
Fred Scheidt – Saratoga Excelsior
Group, Middle Grove
Alexander Monticello – Monticello
Real Estate, Albany
Lisa Tracy – Terra Firm Realty,
Saratoga Springs
Charles Passaro – RealtyUSA.com
Jeffrey Keith – Exit Elite Realty Group,
Scotia
Romain Rusk – Gallagher & Company
Associate Membership
Fred Realbuto – Yankee Realty
Elizabeth Baskin – Hunt ERA
Christine Richardson – RealtyUSA.com
Kyle Rueckert – CBRE-Albany
Irv Ackerman – Sunrise Realty
Advisors
Richard Roberts – CMK & Associates
Michael Scott Davis – Weichert,
REALTORS®, Northeast Group
Devin Cremeans – RealtyUSA.com
Jonathan Glover – Exit Elite Realty
Group
Thursday September 12th, 8-10am
Economic Development
Troy Local Development Corp./
City of Troy, represented by Monica
Kurzejeski
Thursday November 7th 8-10am
Appraisal Membership
Bill Moore – The Appraisal Company,
Saratoga Springs
Nathalie Lenehan – Centruy 21- Rural
Estates
CIREB
Marketing
Session
Schedule:
Thursday October 3rd, 8-10am
Thursday December 5th 8-10am
(Annual Member Update Meeting)
Complete details can be found at
www.cireb.com
Chris Maddalone – Hunt ERA
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ezads.timesunion.com
Howard Denison – VanAernem Realty
& Assoc., Hudson Falls
Barbara Higbee – Barbara Higbee
Realty, Troy
Lower the cost
and increase
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scheduling
your ads!
Jeff Gruebel – Belsite Realty, Long
Island City
Mark Richardson – Mark Richardson
REALTOR, Saratoga Springs
Ed Rosenberg – Gage Realty, Scotia
Tong Zhang – Premium Realty Group,
Duanesburg
Janet Kaplan – Stuyvesant Plaza
Michael DelPiano – CKM Team Realty,
Schenectady
Not having an open house,
but want to advertise your listing?
You can still use eZ Ads lower cost ad pkgs.
Go to ezads.timesunion.com, log in
or create an acct if you don’t have one.
Choose a print only listing. You will have
the choice of an all text ad, or an ad with
your logo and/or listing photo.
Add your logo to brand your firm.
You’ll see the upload link at the bottom of the page when you
customize your ad. Click the link to browse your files and upload
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you choose an ad template with a
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Just follow these steps: Go to the My Account Info page, Scroll to the
Custom Marco Definitions section at the bottom of the page, and browse
your files to upload your logo. Click the Update link. You’ll also see a field to
enter your office ID. This is a great feature of the site, because it will display
your listings in your eZ Ad acct, so you will not have to enter the MLS#s, but
simply choose the listing by address.
6
Across the Association
september/October 2013
Welcome New Members
REALTOR®
(principal)
Charles C. Dunham,
Ski Bowl Realty, Saratoga Springs
Brandon Quadrini,
B. Quadrini Homes, West Sand
Lake
Zita M. Ryan,
Saratoga Springs
Daniel M. Shepard,
All In 1 Realty Services, Albany
AFFILIATE
Cutco Closing Gifts,
Aaron Sahr
Legacy Title Services,
Bernardo Bigalli
Wells Fargo Home Mortgage,
Sheila Dorn
REALTOR®
(non-principal)
All In 1 Realty Services
John A Gagnon
Century 21 Rural Estates
Lauren B Daniel
Amanda Schultz
CMB Realty Group
Jessica Robilotto
CMK and Associates
Bryn A Brown
C M Fox Real Estate
Lori A McCutcheon
Brian R Meurs
Nikolas Papadopoulos
Coldwell Banker Prime Properties
Mary Amodeo
Martha R Braunstein
Totlyn Blair Edwards
Brandon Farinaccio
Dorothy Hughes
Dina Ingham
Jessica Merola
Mary Ann Pekalski
Jennifer L Robyck
Russell Ruggiero
Sandra Russell
Dream Street Properties
Marc Scalera
Alisha M Pigliavento
Franklin Group
John Alund
Hart Real Properties
William D Hart, Jr
Huba Realty
Kelly A Attanasio
Roberta DiFrancesco
Inglenook Realty
David McClements, Jr
William D Wills
Keller Williams Capital District
Carl Ekberg
Sonali Karan
Terressa Mannix
Alfred C Martin
Matthew W Whipple
Keller Williams Saratoga
Eric Galvin
Frances J Ryan
Kathleen Schnitzer
McNeary Realty
Michelle L Krause
Miranda Real Estate Group
Megan M Graham
Carrie A Hansen
Samuel Pontillo
Redmark Realty
Steven J Altarac
Matthew Pierce
Mohawk Valley Real Estate
Josh Paden
RE/MAX Park Place
Jennifer Lee Cardinale-Werner
Premiere Property Group
Gabriele Marruso
Roohan Realty
Alexandra E Willard
Prudential Manor Homes
Patricia A Barnes
Amanda B Brinke
Todd Calhoun
Thomas Dannible
Carter Flanigan
Tara Brooke Johnson
Jason Kennedy
Debra LeBlanc
Barbara Mendelson
Christine Nemec
Geraldine Raymond
Tina E Stehlin
Zachariah TeBordo
Sagatis Realty
Vincent T McHugh, Jr
Realty Albany
Shiju Salahudeen
RealtyUSA.com
Michael Boodram
Amy Elizabeth Clark
Scott B Clarke
Jennifer Crespo
Michelle Di Mura
Christine C Dingley
Kimberley Christina Freeman
James-Riley Hannahs
Collin Mullahy
Lorenzo Clifford Murray
Daniel T Oligney
James P Post
Carol Rion
Select Sothebys International
Realty
Jill DeAnzeris
Thomas J Real Estate
Bonnie S Smith
Weichert, REALTORS®, Northeast
Group
Kathryn Elizabeth Bezanill
Across the Association
september/October 2013
7
Nominating Committee Officer/Director
Recommendation Form
The Nominating Committee will soon begin its
meetings to develop a slate of officers and directors
for the elective year beginning January 1, 2014.
To ensure that the best possible candidates are
considered we ask you to make your own interest
known in any of the available positions or to let
us know of any other member you feel would be
qualified to serve.
Positions For Which The Committee Will Be
Recommending Candidates Include:
GCAR Officer President, President-Elect,
Secretary/Treasurer (Candidates must hold
REALTOR® membership in GCAR and must have
served three years as a Director of an Association of
REALTORS® to qualify)
Complete the “Officer Director Application For Nominating Committee” found on GCAR.com to express
your own interest or call GCAR for a copy. To recommend another return this form or a photocopy to GCAR.
Name (of potential candidate):_______________________________________________________________
Firm:____________________________________________________________________________________
Position:_________________________________________________________________________________
GCAR Officer:
___________ Which Office?____________________________________________________
GCAR Director:____________________________________________________________________________
NYSAR Director:___________________________________________________________________________
GCAR Director (Candidates must hold
REALTOR® membership in GCAR)
CRMLS Director:___________________________________________________________________________
NYSAR Director (Candidates must hold
REALTOR® membership in GCAR)
Resumes Welcome
CRMLS Director (Candidates must be CRMLS
Participants (principal broker) or licensed brokers or
associate brokers affiliated with a Participant)
If you have any questions on the responsibilities associated with any position
please call GCAR’s CEO James Ader at 464-0191 (Ext. 16). All calls will remain confidential.
Deadline: September 20, 2013
Where Does Inaccurate Data Come From?
ListHub, your listing syndication
tool, offers the following look at the
Internet and bad data.
Most of us have experienced the
frustration of discovering a listing that
displays as active on real estate websites when the listing is actually no
longer on the market…Or the price
that appears on the listing is not correct …Or the wrong contact information displays with a listing.
How do these errors occur? And with
so many companies doing syndication, how can you identify the source
when there are problems? We will start
by exploring the biggest factors that
impact the accuracy of online listings.
The Top 3 Factors That Impact
Listing Accuracy:
1. Data source: Data pulled directly
from the MLS is most likely to be the
most accurate information available.
The MLS is one place where we will
not forget to change the listing details
such as price or status. If your syndication program is MLS-connected,
listings can be updated online automatically as these changes are made
in the MLS. Our MLS partnered with
ListHub, the MLS-connected syndication program, specifically so that we
can uphold the highest possible standards for current and accurate data.
2. Re-syndication: There are many
problems caused by the practice of
re-syndication, and the issue of listing
accuracy is one of the biggest. When
listings are passed from one database
to the next, and then to the next (and
then to the next), the room for error
increases. The lack of
accountability for
refreshing the
data naturally increases.
Many companies re-syndicate data
(including some of the publishers in
the ListHub network). But not with
ListHub listings! Even those companies who make re-syndication a part
of their business practice are forbidden to re-syndicate listings received
from ListHub.
3. Publisher policies: Most reputable
publishers refresh listings daily, and
purge inactive listings within a day
or a couple of days. Some sites wait
longer to remove the listing. You can
review the ListHub Channel Scorecard
(this is located on the Marketing
Choices tab in your ListHub account)
to see the data refresh and inactive
listing removal policies of the publishers within the ListHub network.
What happens when you find a listing online that is no longer on the
market, or otherwise incorrect? It’s
easy if the listing was syndicated via
ListHub. Just contact your ListHub
support team and they will
troubleshoot any issues
directly with the publisher.
But what if ListHub did NOT syndicate
the listing? There are a few questions
to ask that might help brokers and
agents to track down the source of
the listing in order to have it removed
or updated.
•Did you create a flyer online? •Did you create a virtual tour for
your listing?
•Do you have an agreement with a
print advertiser?
•Does your website provider syndicate listings?
ListHub works with MLSs and to
uphold responsible practices in real
estate listing syndication, and to make
the online real estate world more
transparent so that providers of listings are able to engage in the practice
of syndication with knowledge, control, and confidence.
Together, we can help consumers
to find the most accurate and current
real estate listings on the Internet!
8
Across the Association
september/October 2013
Member Update
GCAR Mixer
Thank You Volunteers & GCAR Staff
The Red Cross Blood Drive went very well on June 10th. The Red Cross
got exactly the number of units they expected! We would have gone
beyond their expectation except a few donors had to be turned away for
medical health related reasons. A special thank you to the Greater Capital
Association of REALTORS® for the use of the training room and especially
Gina Martin for all her help. Donors received a coupon to All Good Bakers
for a discount for any baking goods purchased. To all the Volunteers who
gave blood – many thanks. REALTOR® Elaine C. Freedman, Drive Chair
Thank you to these GCAR members who have joined the 2013 RPAC
99 Club: REALTOR® Marie Bettini, Albany Realty Group; REALTOR®
Robert Blackman, RealtyUSA.com; REALTOR® Jason Christiana,
Prudential Manor Homes; REALTOR Theodora D’Amico, RE/MAX
Capital; REALTOR® Victoria Gettings, RealtyUSA.com; REALTOR®
Peter Staniels, Weichert, REALTORS®, Northeast Group, and to Capital
Club member James Ader, GCAR.
Heather King, president (l) and Kim Rocque-Pryor, vice president of Holden &
Associates, sponsors of the GCAR Mixer held at the Cannon Barrel in Watervliet
with chair of the event Jeffrey Decatur.
Sympathies are
extended to:
Sympathies are extended to the family and friends of
REALTOR® Chris Schmid, RealtyUSA.com, on his death.
Sympathies are extended to the family and friends of
REALTOR® Lois Lansing, RealtyUSA.com, on her death.
New YoRk S TATe ASSoCiATioN oF Re ALToRS ®
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NYSAR.com makes it easy to access the information, services
and support you need to stay competitive, enhance your success
and increase your profitability.
Visit NYSAR.com today to:
• Access NYSAR’s legislative priorities.
• Learn more about key legal issues.
• Find and register for an upcoming education course.
• Access exclusive members-only discounts and special offers.
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