NRA President Julie Joeckel - Nebraska REALTORS® Association
Transcription
NRA President Julie Joeckel - Nebraska REALTORS® Association
2013 Volume IV Nebraska REALTORS® Photo provided by Steve Heironymus. Inside this issue: NREC Update 2 NRA BOD Mtg. Highlights 3 NAR BOD Mtg. Highlights 3 REALTOR® Code of Ethics 4 Home Buyer’s Asst Foundation 4 2015 Leadership Nominations 4 2013 RPAC Figures 5 Call for Action 5 Fall Meetings Recap 6 NRA Caravan Recap 7 2014 Legislative Days 8-9 2014 ROTY Application Insert NRA Committee Updates 10 Pride in Community Winners 11 Ask the Legal Hotline 12 .Realtor Domains 13 2014 Education Schedule 14 Sales Statistics 15 Calendar of Events 16 Legislative Days January 28-29, 2014 See Inside: Pages 8-9 News & Notes send your photos for publication to [email protected] NRA President Julie Joeckel: 2013 in Review As the year 2013 comes to a close, so does my role as your President. It has been an honor to serve you in this capacity and I thank you for the opportunity. There has been, as usual, much work done by the State Association and here is a recap of the year 2013: Legislative initiatives: We introduced legislation allowing for commercial brokers to be able to file a lien on a property for which they were procuring cause. This was passed and went into effect on May 17th, 2013. Another significant win for us was the $2.5 million that was put back into the Affordable Housing Trust Fund. We have worked with Senator Mello in crafting the Land Bank bill and continue to work with Senator Howard on a bill that will be a compromise on the addition of carbon monoxide detectors as a requirement. We also have initiated a task force to meet with the NREC to address agency disclosures and how we can improve on the current policy and interpretation in the interest of agents and the consumers alike. This will be carried over into 2014. Legal counsel is also drafting a proposal for the removal of the requirement of notarizing seller’s signatures on the purchase agreement. Pride in Community: This program was an opportunity for the Local Boards/Associations, large and small, across the state to show how we, as REALTORS®, work with many different volunteer organizations to improve our communities. We gave out $1000 to four Boards/Associations for the terrific work that they did in their community. They were the Omaha Area Board of REALTORS®, REALTORS® Association of Lincoln, Hastings Board of REALTORS® and Dakota County Board of REALTORS®. They were each given a check to give back to a charity of their choice. Congratulations once again, job well done! Home Buyer’s Assistance Foundation: This was an initiative started in 2010 with a $50,000 grant from NAR. We have legislation in place to allow Brokers to have an interestbearing trust account that directs the interest back into the funding for this program, and the foundation is allowed to accept donations. We have given out 10 $250 grants this year to first time home buyers that qualify. Please check out the program to see if one of your buyers qualifies to get a $250 grant after closing! What a great gift to your clients! RPAC: We had some fun this year in trying to drive RPAC to a new level and we succeeded. We established a REALTORS® Got Travel initiative and gave out two trips, expenses paid, for the lucky winners Judy Sasek, of Lincoln and Joan Perlinger, of North Platte. We saw them both at many events in San Francisco! We also set our goals high on raising $150,000 for RPAC and exceeded this lofty goal by $3000. Our participation level also rose to an all-time high of 42%. For these achievements we will receive the Triple Crown trophy this year from NAR. Keep up the great work in this area, it is extremely important that we understand RPAC and what it means to us here in Nebraska. National Association of REALTORS®: There have been many changes in the last few years at the national level and it looks to continue at a rapid pace. One of the changes is to REALTOR.com that we will continue to see develop as the year ends. The Board of Directors voted in July to allow more flexibility with the website to allow it to compete in the marketplace. It is our duty to get the word out to consumers that the most accurate information in the marketplace is REALTOR.com because it comes direct from the MLS, not other data sources. As you are aware, the flood insurance was extended for 5 years, but with that came a cost increase that is very different than in the past. At the National level, we have two bills introduced, one in the Continued on Page 13 Page 2 Nebraska REALTOR® News & Notes an official publication of the Nebraska REALTORS® Association 800 S. 13th St., Suite 200, Lincoln, NE 68508-3240 Phone: 402-323-6500 Fax: 402-323-6501 http://www.nebraskarealtors.com Julie Joeckel President Matt Meister President-Elect Lisa Ritter Treasurer Joe Gehrki Immediate Past President Board of Directors: Central Regional Director: Steve Coram Eastern Regional Director: Rob Dover Lincoln Regional Directors: Darlene Fletcher, Marcia Weddle Omaha Area Regional Directors: Jo Ann Grennan, Mark Leaders, Sharon Rich, Gary Stoneburg, Robert Wiebusch Western Regional Director: Darlene Kovarik Large Company Directors: Andy Alloway, Gene Brake, Herb Freeman, Vince Leisey, Larry Melichar, Joe Valenti NAR Directors: Rita Griess, Mike Riedmann Local Board NAR Director: Deda Myhre, Omaha Past Presidents’ Director: Henry Kammandel, Jr. Association Staff: Tamela A. Brookhouser, Chief Executive Officer and Editor Kristen Anderson, Governmental Affairs Christie Bevington, Professional Development Makenzie Brookhouser, Admin. Assistant Dani Jennings, Events and Services Tyler Richardson, Admin. Services Char Weatherford, Controller Vision: The Nebraska REALTORS® Association is the leading voice for real estate in Nebraska providing a professional environment for all its members. REALTOR® is a registered collective membership mark which may be used only by real estate professionals who are members of the NATIONAL ASSOCIATION OF REALTORS® and subscribe to its strict Code of Ethics. Nebraska REALTOR® News & Notes is an official publication of the Nebraska REALTORS® Association (NRA). Nebraska REALTOR® News & Notes is published monthly by NRA and every member of the Association is mailed a copy. The annual subscription rate which is included in the dues of the members of the Association is $9 per year. Statements of fact and opinion made are the responsibility of the authors alone and do not imply an opinion on the part of the officers or members of NRA. While this magazine makes a reasonable effort to establish the integrity of its advertisers, it does not endorse advertised products or services unless specifically stated. All correspondence regarding this publication should be directed to: Nebraska REALTORS® Association 800 S. 13th St., Suite 200 Lincoln, NE 68508-3240 Phone 402/323-6500 or 800/777-5231 Fax 402/323-6501 Email: [email protected] 2013 Volume IV News & Notes Nebraska Real Estate Commission Update The Nebraska Real Estate Commission (NREC) met in Lincoln on November 21st at the Staybridge Suites in Lincoln. The Receipts and Expenditure report continues to be positive. The Receipts continue to track higher than expected due to increased number of applicants and license applications. The Expenditures continue to track lower than projected by 5%. In October, 10 people sat for the Broker exam with 7 passing for a 70% pass rate. For that same month, 66 people sat for the salespersons license with 30 passing for a 45% pass rate. There were slightly more people failing the national portion of the test than the state. The Pending Complaints remain fairly unchanged. There are two Hearings scheduled for January but one has already been concluded with a Stipulation and Consent Order. There have been 32 complaints filed in 2013 with an equal number being filed by the public and Commission. The Commission approved the one special informal appearance they heard. The applicant may now sit for the salesperson exam. after being convicted of a multitude of financial crimes. The Commission charged Mr. Pelshaw with breach of fiduciary duty and negligence, incompetency, and unworthiness to act as a Broker. The NREC found him in violation of all counts and revoked his license. This is the sixth license revocation this year, a record. All revocations have been due to felony convictions. NRA President Julie Joeckel and NRA Legal Counsel Fred Hoppe testified regarding the Homestead Notary Bill. The Commission voted not to object to this legislation. Also discussed was an administrative bill the Commission was planning to introduce this session. President Joeckel asked for further clarification and reiterated NRA's support of this legislation. The January and April meeting dates were changed to one day meetings: Friday, January 17th, and Friday, April 18th. Deputy Director for Enforcement Terry Mayrose is retiring on December 31st after 31 years of service to the Commission. A national search has begun to find his replacement. This was the last NREC meeting for Terry. The Commissioners honored him with a Resolution and thanked him for his 31 years of service. There was one hearing, Commission V. Robert Lee Pelshaw. He is currently in federal prison Omaha REALTOR® Andy Alloway Appointed to the NREC Governor Dave Heineman has appointed Andy Alloway of Omaha to the Nebraska Real Estate Commission as the Broker Member-at-Large, replacing Rob Dover whose term expired in September. Andy is owner of DEEB Realty Real Estate in Omaha and has been a broker since 2005. Andy has been very active with the Omaha Area Board of REALTORS® as well as the Nebraska REALTORS® Association where he currently serves on the following committees: Regional Professional Standards, License Law, Nominating, and Governmental Affairs. Andy also serves on the Board of Directors and Secretary of State Advisory Group. The NREC Commissioners: (back row, from left) Herb Freeman, Drew Stange, David Ptak, and Andy Alloway; (front row, from left) Kathryn Rouch, Secretary of State John Gale, and Al Avery 2013 Volume IV News & Notes Page 3 NRA Board of Directors Meeting Highlights - September 17, 2013 - Lincoln, NE Approved retaining Radcliffe & Associates as Lobbyist for the Association, Rick Boucher as Legal Counsel for Professional Standards, and Hoppe Law Firm as General Counsel for the Association and Legal Counsel for the Legal Hotline. Approved making a $75,000 principal payment on the NRA building loan. Approved the 2014 Final Budget and 2014 Capital Budget. Approved travel compensation at the same level as the Federal Coordinators and National Directors for Pat Ohmberger in her position as Vice Chair of the NAR Residential Economic Issues and Trends Forum. Authorized legal counsel to draft language that would exempt purchase contracts from Homestead Law. Approved forming a task force to work with the NREC to review and rethink the current agency brochure and agency law. Approved changing the License Law Committee Chair to a threeyear term with the Chair serving as liaison to the Secretary of State. Approved the following appointments to the RPAC Trustees: Rob Dover as Member-at-Large Trustee, Joe Gehrki as Omaha Region Trustee, and Jeff Searcy as Lincoln Region Trustee. NAR Board of Directors Meeting Highlights - November 11, 2013, San Francisco, CA Eminent Domain The Board adopted a policy position opposing the use of eminent domain by localities to take mortgages of home owners facing hardship so they can be modified. Under the policy statement, NAR says it understands the need to help struggling home owners, but taking mortgages hurts the availability and affordability of financing for borrowers because of the uncertainty it creates for lenders and investors. In a related matter, the Board authorized the distribution of $485,000 in funds from NAR's Issues Mobilization program to the West Contra Costa, Calif., Association of REALTORS® to help it fight the use of eminent domain to seize mortgages in Richmond, Calif. discriminatory intent. Discrimination, disparate impact The Delegate Body, approving a Board of Director’s action from earlier this year, added a policy opposing gender-identity discrimination to its statement of Fair Housing Policy. In addition, the Board adopted a new policy on disparate impact. The new policy makes clear NAR’s support for Fair Housing but also takes the position that REALTORS® shouldn't be penalized when practices with a legitimate business intent unintentionally have a disparate impact on a protected class. An example would be an owner’s policy to screen out drug criminals from a rental property. Under the policy, the burden should fall on organizations alleging disparate impact to show the owner had a discriminatory intent. Neither should the owner be required to make unreasonable and burdensome changes in practice to reduce the disparate impact if there was no In several changes to the association’s dues, the Board created an exception to how dues are calculated for members who engage exclusively in mortgage loan origination, an exception that applies exclusively to California because of a unique licensing requirement there. The exception will be tracked and administered in similar fashion to referral licensees. Separately, the Board approved dues amounts of $500 for the National Affiliate member category (which applies to members of affiliated organizations), $200 for the Academic Category, and $105 for the Institute Affiliate category, up from $75, with $35 each going to the national, state, and local levels. Membership issues Emeritus status On membership issues, the Board modified a policy change approved earlier this year that required one year of national service as a condition of becoming a REALTOR® Emeritus member. Under the modification, the Board is phasing in the requirement, allowing candidates for emeritus status to meet their requirement with a year of service on a state or local committee or other specified role. The modification is scheduled to sunset in five years, after which the one-year of service will have to be in a national role. Dues Lockbox services The Board amended Interpretation No. 32 of Article I, Section 2, of the NAR Bylaws to clarify that the cost of lockbox services, where it is a service of the local association, may, at the association’s discretion, be included in association dues. Professional Standards The Board took a number of actions to enhance professional standards. BPOs To ensure practitioners are qualified and have access to the information needed to do broker price opinions (BPO) properly and to require disclosures when they’re doing them for others, the Board made changes to Standard of Practice 11-1, including requiring REALTORS® doing a BPO to be knowledgeable about the property type and area. Ethics complaints To ensure that only individuals and not companies, associations, or other entities can file ethics complaints, the Board clarified that “person” in the Code of Ethics means “natural person.” Disciplinary actions The Board amended Section 22(a), Decision of Hearing Panel, in the Code of Ethics and Arbitration Manual to direct hearing panels to consider a respondent’s prior violations, among other things, when determining how to discipline a member. Legal To help advance the industry’s interests in the legal arena, the Board allocated $363,667.55 to help with legal costs in six cases, including Minnesota and Florida cases involving copyright infringement by website Continued on Page 13 Page 4 2013 Volume IV News & Notes Governor Heineman Commemorates the Code of Ethics Centennial On October 16th, Governor Dave and sellers,” Thane said, “and after 100 years the Code of Ethics Heineman presided over the Proclamation continues to set REALTORS® apart.” signing ceremony at the State Capitol officially Thanks to all of you who have helped us throughout the year to commemorating the Centennial of the celebrate the Centennial of the Code of Ethics. REALTOR® Code of Ethics. Statewide Professional Standards Review Committee Chair Thane Jensen and Vice Chair Connie Burleigh attended the ceremony, along with Lincoln REALTOR® Kim Zwiener and NRA CEO Tammy Brookhouser. Thane spoke at the event, and reminded us that the willingness to accept and abide by the Code of Ethics is the single most outstanding characteristic that distinguishes REALTORS® from (from left) NRA CEO Tammy Brookhouser, Statewide Professional other real estate practitioners. Standards Review Committee Vice Chair Connie Burleigh, Lincoln “The Code of Ethics was founded with the goal of uniting the REALTOR® Kim Zwiener, Governor Dave Heineman, and Statewide real estate profession through high standards to protect buyers Professional Standards Review Committee Chair Thane Jensen. Home Buyer’s Assistance Foundation Success Stories In an effort to enhance the success of Nebraska homebuyers in maintaining homeownership, the Nebraska REALTORS® Association’s Home Buyer’s Assistance Foundation has been awarding grants of $250.00 to firsttime homebuyers for working with a REALTOR® and completing Mary Kircher (center) of homebuyer education. The Home Welcome Home Realty in McCook presents two clients Buyer’s Assistance Foundation is a with their grant checks. nonprofit organization with a mission to increase affordable, adequate, safe, and decent housing in Nebraska. The grants are giving new homeowners some extra money to purchase household necessities, and the program is giving REALTORS® an opportunity to strengthen their bond with their clients beyond the conclusion of the transaction. Please consider contributing to the sustainability of this program by donating to the foundation. It is money that goes right back into efforts to further Nebraska housing. For more information, contact Tyler Richardson at the Nebraska REALTORS® Association at (402) 323-6504, toll-free at (800) 777-5231, or by email at [email protected]. And you can find more information online at www.nebraskarealtors.com. NRA Requests 2015 Leadership Nominations The Nebraska REALTORS® Association Nominating Committee is seeking qualified individuals for the position of Treasurer and NAR Director. Information and nomination packets have been sent to the board presidents and executive officers. The term of office for the Treasurer position is January 1, 2015 through December 31, 2015. The term of office for the NAR Director position is 12/1/2014-11/30/2017. Please be advised that the NRA Board of Directors at its September 20, 2011, meeting approved the following standards for applying for, and remaining on, the Board of Directors: 1. REALTOR® status; 2. NRA membership for the past five consecutive years; 3. Active service on an NRA committee for a minimum of one year, attending at least 50 percent of the meetings; 4. Appointed or elected at the local association level; 5. Application submitted to NRA by the January deadline; 6. Completion of the Chair/Vice Chair and Leadership Essentials Training by the second year of appointment; 7. Continuous membership on at least one committee during the course of their directorship, attending at least 50 percent of the committee meetings; -or8. A past president of Nebraska REALTORS® Association Applications must be received by January 10, 2014, at the NRA office (800 South 13th Street, Suite 200; Lincoln, NE 68508). Please direct inquiries to Tyler Richardson, Administrative Services Director, at 402-323-6504 or 800-777-5231, or [email protected]. 2013 Volume IV News & Notes Page 5 2013 FINAL RPAC Figures based on $97,475 State Goal Local Board Alliance Blue River Area Buffalo County Columbus Dakota County Dawson County Fremont Tri County Grand Island - Sheila Axford Hastings Lincoln - Connie Burleigh Lincoln County Karen Stephens Board Members NAR Goal ($15) (min. cont.) State Goal ($25) Members 2013 Amount Percent Percent Investing Contributed Participation of Goal 11 35 104 83 14 57 109 57 165 $525 $1,560 $1,245 $210 $855 $1,635 $855 275 $875 $2,600 $2,075 $350 $1,425 $2,725 $1,425 0 9 22 51 10 22 42 14 0 $511.04 $2,120.00 $4,150.00 $300.00 $1,285.00 $2,940.00 $472.00 0 25.7% 21.2% 61.4% 71.4% 38.6% 38.5% 24.6% 0 97.3% 135.9% 333.3% 142.9% 150.3% 179.8% 55.2% 120 $1,800 $3,000 77 $4,156.00 64.2% 230.9% 67 751 $1,005 $11,265 $1,675 $18,775 34 337 $846.00 $56,033.65 50.7% 44.9% 84.2% 497.4% 70 $1,050 $1,750 53 $3,254.00 75.7% 309.9% Nemaha Valley Norfolk Omaha Area - 55 88 $825 $1,320 $1,375 $2,200 11 36 $475.00 $5,750.00 20.0% 40.9% 57.6% 435.6% 2100 $31,500 $52,500 865 $65,287.63 41.2% 207.3% Scotts Bluff Cty Individuals Totals 93 91 3,899 $1,395 $1,365 $58,486 $2,325 $2,275 $97,475 50 19 1,652 $6,213.00 $1,615.00 $155,408.32 53.8% 20.9% 42.4% 445.4% 118.3% 159.4% Based on 11/1/12 NAR Membership Report; Goal = $25 per member / 50% Participation; NAR 2013 Goal: 3,899 members / $17,564 / $15 per member CALL FOR ACTION: Flood Insurance Issues Could Sink Your Sales The Problem: Congress provided a 5-year reauthorization of the National Flood Insurance Program (NFIP), but severe implementation problems threaten to undermine real estate transactions where flood insurance is required to obtain a mortgage. New NFIP rate structures have caused serious confusion and hardship for property owners. The Federal Emergency Management Agency (FEMA) continues to delay and miss deadlines. The legally required transition to true risk rates has plagued consumers with increases in rates beyond what anyone imagined possible. The Solution: A four-year time-out. Congress has legislation in the House, H.R. 3370 and Senate, S. 1610, to delay changes to the NFIP. These bills would: prudently defer rate increases until FEMA completes the affordability study mandated by law create a system for targeted rate relief establish an office of the Advocate for flood insurance rate and mapping concerns. Please Take Action today and tell your Member of Congress and Senators that NAR supports the “Homeowner Flood Insurance Affordability Act.” Page 6 2013 Volume IV News & Notes Fall Meetings September 16-18, 2013 Embassy Suites Hotel Lincoln, NE Over 260 attendees came to the Nebraska REALTORS® Association’s Annual Fall Meetings, held September 16-18 in Lincoln. This year’s Fall Meetings included 20 continuing education credit hours covering listing and selling, property management, negotiating and ethics. Additionally, 3 hours of brokerapproved training credits were offered covering Professional Standards training. Committee Matt Meister installed as the work is an essential part of Fall 2014 State Association Meetings and many productive President. meetings were held. Additionally, Region 8 Vice President Daryl Braham spoke at the Membership Luncheon and State Association President, Julie Joeckel, hosted a hospitality reception at the Pinnacle Bank Arena for Fall Meetings attendees. Matt Meister, CRS, GRI, with Coldwell Banker Town & Country in Kearney, Nebraska, was installed as the 2014 President of the Nebraska REALTORS® Association at the Inaugural Gala on September 17, 2013. The Nebraska REALTORS® Association Officers and Board of Directors for 2014 were also installed at the Inaugural Gala. They include: President-Elect: Lisa Ritter, AHWD, CRS - Omaha Treasurer: Kent Thompson - Lincoln Immediate Past President: Julie Joeckel, CRB, CRS, GRI Lincoln Central Region Director: Steve Coram, CRS, GRI - Kearney Eastern Region Director: Rob Dover, GRI, AHWD - Norfolk Western Region Director: Darlene Kovarik, CRS, GRI Scottsbluff Lincoln Region Directors: Darlene Fletcher, GRI; Drew Stange Omaha Area Region Directors: Cathy Blackman, CRS; Monica Humpal, GRI; Mark Leaders, CRS; David Matney, AHWD, CRS, GRI; Robert Wiebusch, CRB Large Company Directors: Andy Alloway - Omaha; Gene Brake, CRB, CRS, GRI - Lincoln; Herb Freeman, CRB, GRI - Omaha; Vince Leisey - Omaha; Larry Melichar, GRI - Lincoln; Joe Valenti, CRS - Omaha National Association of REALTORS® (NAR) Directors: Rita Griess, AHWD, CRB, CRS, GRI - Lincoln; Mike Riedmann, AHWD, CRB, GRI - Omaha Omaha Area NAR Director: Mark Wehner, CRB, GRI - Omaha Past Presidents’ Director: Henry Kammandel, Jr. - Omaha Region 8 Vice President: Henry Kammandel, Jr. - Omaha A special thanks to our Inaugural Gala sponsors for their generous support! Incoming NRA President Matt Meister (far left) with Nebraska REALTORS® Past Presidents at the Inaugural Gala. Coldwell Banker of Kearney Buffalo County Board of REALTORS® Barney Title & Escrow Ganz Title & Escrow Vintage Title & Escrow From left: Bev Mauch, David Mauch and NRA President Julie Joeckel enjoying President Joeckel’s hospitality reception at the Pinnacle Bank Arena. 2013 Volume IV News & Notes Page 7 Nebraska REALTORS® Caravan - October 7 - 11 2013 NRA President Julie Joeckel swears in the Dawson County Board of REALTORS® 2014 officers. 2013 NRA President Joeckel and Steve Coram, 2013 President of the Buffalo County Board of REALTORS®. 2013 NRA President Joeckel and 2013 NRA PresidentElect Matt Meister enjoying dinner with members of the Lincoln County Board of REALTORS®. 2013 NRA President Joeckel and Alison Graham, 2013 President of the Blue River Board of REALTORS®. 2013 NRA President Joeckel presents the REALTOR® Emeritus Award to Kathy Means of the Norfolk Board of REALTORS®. 2013 NRA President Joeckel and Matt Andersen, 2013 President of the Fremont Board of REALTORS®. The NRA Leadership Caravan traveled approximately 1,400 miles and visited 14 cities! 2013 NRA President Joeckel Island Board of REALTORS®. speaks to the Grand 2013 NRA President Joeckel and 2013 NRA President-Elect Meister speaking with members of the Dakota Co. Board of REALTORS®. 2013 NRA President Joeckel and Bret Kumpf, 2013 President of the Columbus Board of REALTORS®. 2013 NRA President Joeckel swears in the Hastings Board of REALTORS® 2014 officers. Page 8 News & Notes 2013 Volume IV Schedule of Events Saturday, January 25, 2014 9:00 AM – 12:00 PM Bill Review Session This session is open to all Governmental Affairs Commi ee members. Join the Associa on lobbyists and Governmental Affairs Director, Kristen Anderson, as they review every bill introduced this session that pertains to real estate. You will par cipate in deciding which bills will be discussed further at the Governmental Affairs Commi ee (to be held Wednesday, January 29, 2014) and decide what posi on the Associa on should take. Join us in person or through our webinar ‐ registra on required. This session will be held at the Nebraska REALTORS® Associa on office ‐ 800 S 13th Street, Lincoln. Tuesday, January 28, 2014 8:00 AM – 2:00 PM 8:30 AM – 10:00 AM 10:00 AM – 11:15 AM 1:30 PM – 2:30 PM 2:30 PM – 3:30PM 2:30 PM – 4:00 PM 4:00 PM – 7:00 PM Registra on Open Execu ve Commi ee RPAC Trustees Agency Task Force mee ng Federal Coordinators mee ng 2014 Commi ee Chair, Vice Chair & Board of Directors Training REALTOR® Party Apprecia on Celebra on Join us from 4:00‐5:30 PM for a social hour with drinks and hors d’oeuvres as we celebrate a successful 2013 for RPAC. Following the social hour we will con nue the celebra on with the presenta on of the 2013 RPAC awards. This celebra on is open to all Legisla ve Days a endees. 7:00 PM Dinner on your own Wednesday, January 29, 2014 8:30 AM – 1:30 PM Registra on Open 9:00 AM – 11:45 AM Governmental Affairs Commi ee & Legisla ve Bill Review Session (9999T) The Legisla ve Bill Review Session por on of the Governmental Affairs Commi ee has been approved for 1 hour of Broker Training educa on credit (9:15‐10:15 AM). To receive the Broker Training credit, your Broker must sign and complete the approval form prior to the start of the session. The approval form can be found at www.nebraskarealtors.com. 12:00 PM – 1:15 PM Lunch with our State Senators Ticketed event 1:30 PM – 3:30 PM Board of Directors All events will take place at the Holiday Inn Downtown, Lincoln unless otherwise denoted. Visit www.nebraskarealtors.com for the most recent schedule, hotel & registra on informa on. News & Notes 2013 Volume IV Page 9 Hotel Information Holiday Inn Downtown 141 N 9th Street Lincoln, NE 68508 Phone Reservations For sleeping room reserva ons call 402‐475‐4011 (hotel direct), or 1‐800‐465‐4329 (Holiday Inn Central). Indicate you are a ending the Nebraska REALTORS® Associa on Legisla ve Days to receive our rate. $99 single/double occupancy. (Our rate includes parking and breakfast!) Internet Reservations To make your sleeping room reserva on online: www.holiday‐inn.com/lincolnne Enter REA in the “Group Code” box to receive our group rate. Check In / Out Hotel check in 3:00 PM Hotel check out 11:00 AM Reservation Deadline The sleeping room reserva on deadline is January 10, 2014. A er this date, sleeping room rates are not guaranteed. Hotel Parking Overnight hotel guests park for free as part of our rate. Visitors not staying at the hotel may park in the hotel garage for $1 per hour, up to $7 per day. Save the Date! Plan to attend the 97th Annual Convention & Exhibition. Network with your peers from across the state and take part in lunches, social events, continuing education and more! 97th Annual Convention & Exhibition April 7-9, 2014 Embassy Suites Hotel La Vista, NE Page 10 News & Notes 2013 Volume IV NRA Committee Updates The Nebraska REALTORS® Association’s committees met on Monday, September 16th, during the Annual Fall Meetings. Here are a few of the things the committees are working on: Association Executives Work Group Scheduling training for February 2014 in Kearney. Discussed preparations for REALTOR® Ring Day and current projects, programs and services. begins in January. The committee met at the Fall Meetings to discuss the upcoming session and to be briefed on federal issues. The committee approved introducing legislation to remove the notary requirement from homestead purchase agreements. The Convention committee next meets during Legislative Working on items for the 2014 Convention, Days in January in Lincoln. including Convention theme, education topic and speaker ideas, Motivational Lunch GRI Board of Governors speaker, and Grand Luncheon emcee. A GRI tri-fold brochure and 2014 education schedule was mailed out to the 2013 new Equal Opportunity Cultural Diversity licensees, Board Presidents and managing Reviewed the At Home with Diversity Brokers. The winners of the $60.00 GRI gift course being held during the 2014 certificates were Connie Burleigh, John Convention; reviewed a committee memo to Dennison and Kim Zwiener. NAR has be sent to Boards in 2014 regarding Fair reduced the numbers of hours for the GRI Housing; reviewed the possibility of program from 90 hours to 60 hours. The developing CE to target local discrimination Board of Governors made a motion to keep issues; discussed the status of LB485 the GRI program hours at 90. (Nebraska workplace anti-discrimination bill for marital status and sexual orientation); License Law discussed proposed changes to Article 10 of The committee voted to have President Julie the Code of Ethics regarding gender Joeckel establish a task force to examine identity; recommended to the President Agency law and the Agency Disclosure Wendy Francis as Chair and Linda Majerus brochure in greater detail. The committee as Vice Chair for 2014 also voted to allow more time to review the issue of allowing CMA’s and BPO’s for tax Forms purposes. The committee also approved Approved the final draft of the Commercial moving forward with legislation to remove Purchase Agreement scheduled for the notary requirement from homestead publication January 1, 2014. Reported Form purchase agreements. Simplicity now has expandable fields within the Listing and Purchase agreements. Participation Task Force Revised the Residential Purchase Discussed follow-up calls to 2013 Agreement, moving the Wood Destroying Convention committee guests; reviewed Insect section into the Inspections section 2013 Convention attendance; reviewed the and adding the VA loan exception to the Home Buyer’s Assistance Foundation grant Wood Destroying Insect paragraph. program; strategized a new broker call campaign for next year; brainstormed ideas Revisions to the Residential Purchase to generate member involvement Agreement listed above to be published January 1, 2014. Approved the elimination Pathways to Professionalism of EZ Contracts as a form vendor as of January 1, 2014. Subscribers to be notified The Pathways to Professionalism prior to the end of 2013. Approved adding Committee reviewed the REALTOR® Mark two new forms to the library as of January 1, of Excellence application and voted to add a box for visiting a committee that you are not 2014 as follows: Property Inspection Notification Addendum and Amendment to a member of and another box for bringing someone new to a committee. The Purchase Agreement Seller Holdover committee also decided to add a sentence at Possession Agreement “Rent Back.” the end of the application so if an agent had an exceptional experience with another Governmental Affairs REALTOR® they can go to the The committee is preparing for the Association’s website and give kudos to that upcoming 2014 Legislative Session which agent. Then those remarks could be put in the News and Notes. $5.00 will be given out to agents wearing their Mark of Excellence pin during the 2014 Convention. The committee is working on a special recognition for agents that have received the Mark of Excellence award 5 consecutive years. RPAC Trustees The 2013 RPAC fundraising year has concluded and was a major success. The Trustees have voted to contribute RPAC money to several legislative candidates as well as multiple incumbents. Statewide Professional Standards Review Discussed the 2013 Centennial of the Code of Ethics celebrations and Proclamation signing on October 16th; reviewed the Regional Grievance and Professional Standards Committees rosters; reviewed the number of NRA ethics and arbitration inquiries and complaints/requests; reviewed communications sent to the membership concerning the NRA Professional Standards process; reviewed upcoming issues in 2014; reviewed the 2013 NAR Professional Standards Seminar; reviewed the benefits of developing an ombudsman program; recommended to the President Connie Burleigh as Chair and Dixie TenEyck as Vice Chair for 2014 Enroll in online continuing education now through December and save 20% off your order! Go to nebraskarealtors.theceshop.com and enter GIVE10 at checkout to receive your discount. 2013 Volume IV News & Notes Page 11 P IDE IN COMMUNITY CONTEST WINNE S! In 2013, the Nebraska REALTORS® Association sponsored the Pride in Community contest. The purpose was to encourage local Boards/Associations to organize and participate in community improvement projects to raise awareness of REALTOR® support of community success in communities across Nebraska. One Board/Association from each of four categories, based on Board/Association size, had their project judged and was awarded $1,000 to be given to a foundation or charity of their choosing. Thank you to everyone who worked hard to show Nebraska that REALTORS® are a vital part of their communities, and congratulations to all of the winners! The Dakota County Board The Hastings of REALTORS® distributed Board of reusable fabric bags to local REALTORS® grocery stores to ease litter held a community problems in the area that existed food drive with the with plastic grocery bags. donations given to Residents were encouraged to the Hastings Food bring plastic bags with them to Pantry. They have recycle. They have chosen chosen both (from left) Alicia Larson, Vice Cardinal Christmas Baskets, an Crossroads, a (from left) Hastings REALTORS® Darla Bruna, President of the Dakota County organization that gives less Connie Hansen, Peg Oswald, Brent Parker, and facility dedicated to Board of REALTORS®; Tom Kristin Pavelka collecting donations for the Luxford and Bill Garvey, Sr., Co- fortunate families a free meal for helping individuals Hastings Food Pantry. Chairs of Cardinal Christmas the holidays, as the recipient of striving to become Baskets; and Dawn Bousquet and their award. self-sufficient, and Food 4 Thought, a program that provides meals Gina Anderson, President and for low income families, as recipients of their award. Association Executive of the Dakota County Board of REALTORS®. The REALTORS® Association of Lincoln The Omaha submitted activities conducted under their Area Board of “Lincoln REALTORS® Do More than Sell REALTORS® Real Estate” mission, serving the Lincoln organized 60 community through meeting the basic volunteers to work needs of all people. Activities included with Rebuilding sponsorship of Matt Talbot’s Huskers Together Omaha Helping the Homeless, REALTOR® Ring to renovate two Day for the Salvation Army, raising money homes. They have for the LPS Foundation’s Homeless Fund, chosen Rebuilding the Lincoln Food Bank’s BackPack Members of the Omaha Area Board of Together Omaha, REALTORS® working with Rebuilding Together to Program and Habitat for Humanity, and an organization Brad Hulse of the renovate two homes. conducting a sock drive for the People’s bringing together REALTORS® City Mission. They used their award to do Association of Lincoln volunteers and communities to improve the homes and lives of lowa Blackshirt Sponsorship for Matt Talbot with his donation box for income homeowners, as the recipient of their award. Matt Talbot’s Huskers Kitchen’s Huskers Helping the Homeless. Helping the Homeless. 2013 Volume IV News & Notes Page 12 Ask the Legal Hotline: Commercial Real Estate Broker Lien Act Written by Fred Hoppe of the Hoppe Law Firm, LLC. owner The name of any person obligated to pay the broker’s commission under the commission agreement The legal description of the commercial real estate The amount of the lien claimed Recital: “the information contained in the notice is true and accurate to the knowledge of the signatories.” The notice of lien must also be signed by the broker and notarized. Recently approved by the Governor, Nebraska LB 3 created the Nebraska Commercial Real Estate Broker Lien Act (the “Act”). The Act codifies the process for Real Estate Brokers to obtain liens on property in the amount of commissions that the broker is due. Prerequisites for Commercial Liens Commercial Real Estate Commercial liens are limited to “commercial real estate.” Commercial real estate is broadly defined in the Act and includes all real estate other than: 1. Real estate containing four or fewer residential units 2. Vacant real estate that is zoned for single family residential use 3. Single family residential units such as condominiums, townhomes, or subdivision homes which are sold on a unit-by-unit basis Brokers Only Additionally, commercial liens are limited to commercial real estate brokers only. They are not available to employees, agents, subagents, or independent contractors of commercial real estate brokers. Timing Restrictions Traditional Sale Transaction: If the broker is entitled to a commission in a traditional sale transaction, the broker must record a notice of lien after the commission agreement is signed but before the actual conveyance or transfer of the commercial real estate. Therefore, the broker must record the notice prior to closing on a sale. Commissions on Future Contingency: In a transaction where the broker is due an Finally, the Act requires a binding additional commission from a future commission agreement signed by the owner, contingency (i.e. exercise of an option, buyer or their respective authorized agents. renew/extend lease) the broker must record This is the same commission agreement that the notice of lien after the execution of the is already required by the Nebraska real estate lease or commission agreement but no later agency statutes (Neb. Rev. Stat. § 76-2422). than 90 days after the contingency event. To initiate the commercial lien process, the broker must record a notice of lien. The notice of lien is recorded in the office of the register of deeds of the county in which the commercial real estate is located. mailbox with paid postage. Enforcing the Lien Judicial Proceeding A valid commercial lien will be enforceable for 2 years after recording of the notice of lien. The broker must initiate a judicial proceeding to enforce the lien within this 2 year time limit. Additionally, other people having an interest in the property (owner, mortgage company, trust deed, etc.) may force a Lease Transaction: In a lease, sublease, judicial proceeding. The interested third or assignment of lease transaction, the party will first serve a written demand to broker must record the notice of lien no later the broker. The broker then must institute than 90 days after the tenant takes possession a judicial proceeding within 30 days or the of the real estate. lien will lapse and become unenforceable. Commission Agreements Notice of Lien [email protected] The Nebraska REALTORS® Legal Hotline is a free member benefit. It is available 10a.m. to 12p.m. and 2p.m. to 4p.m., Monday through Friday. Please note: Broker sign-up for the service is required. Service of Copy of Notice of Lien The broker is additionally required to send a copy of the notice of lien to the owner of the commercial real estate within 10 days after recording the notice of lien; otherwise, the broker’s lien will not be enforceable. The broker must send the copy Contents of the Notice of Lien to the address of the owner stated in the The new statutes require that the notice of commission agreement. If the commission lien contain specific information. A notice of agreement does not contain the address of lien must contain: the owner, the broker must send the copy to The name of the broker the commercial real estate address. The copy The name of the commercial real estate is considered sent when deposited in a US Commercial Lien Priority All recorded liens, mortgages, trust deeds, and other encumbrances on the commercial property recorded prior to the commercial lien will have priority over the commercial lien. The priority date of the commercial lien is the date the lien was recorded. The lien priority date does not “relate back” to the date of the commission agreement date. Extinguishing the Lien Once there is an enforceable commercial lien on a piece of commercial real estate, the owner of the real estate can extinguish the lien by depositing funds in an escrow account. The owner must deposit 115% of the lien amount in the escrow account. The terms of the escrow account will be determined by the commission agreement or separate agreement between the broker and owner. Page 13 2013 Volume IV News & Notes President Julie Joeckel - Continued from Page 1 house and one in the senate to delay the cost increases as written until it can be reviewed. There were also changes voted on concerning the National Emeritus status. We voted against the proposed change but lost to 67% in favor of the change. There may be a new building for the REALTORS® Association on Michigan Avenue in Chicago! There are negotiations ongoing for a new building that is being proposed and a decision should be made within the next six months on whether to move forward with proposals. The year 2014 finds you in very capable hands. Matt Meister from Kearney, Lisa Ritter from Omaha, and Kent Thompson from Lincoln are your State representatives. Henry Kammandel Jr. was installed as the 2014 RVP for Region 8 for NAR and will do a fabulous job representing Nebraska on a National level, with his knowledge and expertise. Thank you once again for the honor of representing Nebraska, locally, statewide and on the National level. It has been a very rewarding experience, I have learned much, have traveled many miles, and have truly enjoyed getting to know each and every distinction of each board throughout the great state of Nebraska. We have a lot to be thankful for and much to be proud of. NAR Board of Directors Meeting - Continued from Page 3 operators using MLS data without authorization, a trademark dispute in California, and an issue involving the duty to arbitrate in New York, among others. Realtor.com and Consumer Advertising Campaign Reports Directors heard a report from realtor.com® President Errol Samuelson on its success in boosting traffic since a special RPAC The Nebraska REALTORS® Association meeting this summer in which the Board gave increased flexibility to the website to was recognized for achieving the Triple feature more new-home, rental, and nonCrown Award. The Triple Crown Award MLS listings. Among other things, the site goals for Nebraska were 29 major now has some 250,000 rental listings and is contributors, 3 President’s Circle members, on track to increase that to 450,000 early next meeting our fair share goal of $15 per year, making it the leader in rental listings member, and exceeding the RPAC among national listing aggregation sites. participation goal of 37%. The Board also heard a report on the success of NAR’s consumer advertising REALTORS® Relief Foundation campaign, now in its 15th year. Just under 70 The REALTORS® Relief Foundation percent of consumers now recognize NAR as generated more than $55,000 in proceeds from its first online auction, which attracted the sponsor of the campaign ads, the highest degree of recognition since the program bids, both on-site and online, from 1,000 started, and 92 percent say REALTORS® participants. Nebraska donated 2 $500 gift certificates to Omaha Steaks. Since 2001, the can help consumers find a home that’s right for them, another high. Foundation has distributed $22 million to REALTORS® and others hit by disasters. Board OKs Exploration of World-Class Headquarters The NAR Board of Directors at its meeting in San Francisco unanimously approved an ambitious project to be undertaken with a major partner that would turn the association’s headquarters into a world-class property that is intended to become the next destination building in the iconic Chicago skyline. While details of the project remain to be worked out and the decision to carry out the development is not final, the board vote enables exploration to move forward. The property would replace NAR's 50-year-old, class B+ property with a significant REALTOR®-branded, 1-2-million-squarefoot Class A+ building and plaza that would include a 5-star hotel, condominiums, office space, and ground-level retail. Under preliminary plans subject to final agreement with the partner, REALTORS® would own a planned 180,000 square feet of the building plus a percentage of the overall project. NAR Launches Priority Registration for .Realtor Top-Level Domain During the 2013 REALTORS® Conference & Expo in San Francisco, the National Association of REALTORS® launched a member awareness campaign and priority registration for the .Realtor top-level domain, as an alternative to the familiar and commonly used .com or .org domains. Most buyers begin their real estate search online looking for properties and reliable information sources, and someday soon when a consumer visits a .Realtor domain, NAR wants them to understand that they have located just that, a source of specialized expertise and unparalleled local market knowledge. “As the leading advocate for home and property ownership, REALTORS® are creating a namespace where buyers, sellers and investors will go online to find the most credible, trusted real estate information, resources and professional services,” said NAR President Gary Thomas, broker-owner of Evergreen Realty in Villa Park, California. “In the future, when consumers visit a .Realtor site they can be assured they are working with a REALTOR®, a real estate professional who subscribes to a strict Code of Ethics.” From now until December 31, 2013, REALTORS® have the opportunity to be included on a priority registration list to secure their own .Realtor top-level domain names by visiting www.SignUpForDotRealtor.com. Participating members will receive advance notification to register their own .Realtor domain(s) one day before general release. NAR will provide the first 500,000 members who register for a .Realtor domain with a free one-year license. NAR applied for the branded .Realtor toplevel domain in 2011 through its wholly owned subsidiary, the REALTORS® Information Network. Only real estate professionals who are members of NAR and the Canadian Real Estate Association will be allowed to use the .Realtor domain in connection with their names. Domains will also be made available to state and local REALTOR® associations; association multiple listing services; affiliated institutes, societies and councils; and NAR strategic business partners. Final approval and launch of the .Realtor domain is anticipated in 2014. For more information, visit www.realtor.org/domain. Page 14 News & Notes 2013 Volume IV Nebraska REALTORS® Association 2014 Education Schedule Visit our website at: www.NebraskaRealEstateEducation.com TBD *GRI 106: Taxation & Technology (0434) 9 CE Credits-Omaha April 7-9 *State Convention, 3 CE credits each: Embassy Suites, LaVista April 7-8 *Rookie Training/GRI 101 (0596) 9 CE credits- LaVista April 7 *CRS 103 :Mastering Positive Change (9999T) 6 Broker Training Credits~ LaVista April 9 *At Home With Diversity (0415) 6 CE credits~ LaVista Sept. 8-10 *Fall Business Meetings ~ LaVista Sept. 9-10 *GRI 103: Ethics & Legal Issues (0203R) 12 “R” CE Credits ~ LaVista Sept. 10 *The Code of Ethics: Our Promise to Professionalism (0497R)~ LaVista Sept. 10 * Professional Standards Training (9999T) 3 Broker Training Hours ~ LaVista Oct 15-16 *GRI 104: Financing (0543) 12 CE Credits~ Lincoln ALL GRI CLASSES ARE NOW AVAILABLE ONLINE NebraskaRealEstateEducation.com Call 800.777.5231 To Register Visit our website www.NebraskaRealEstateEducation.com for online/distance learning credit courses! Schedule is tentative & subject to change Designations MAKE a Difference REALTORS® who pursue professional designations have a distinct competitive edge as a result of their increased expertise and marketability. Based on 2012 NAR Member Profile survey data, the median income of REALTORS® without a designation was $28,900 and the median income of those with at least one designation was $50,000 A DIFFERENCE OF $21,100. *Classes that count towards the REALTOR® Mark of Excellence Award 2013 Volume IV News & Notes AUGUST 2013 STATS Board Name Page 15 SEPTEMBER 2013 STATS 2012 2013 Average # 2012 Average # sales Sale Price sales Sale Price Dakota County 14 $140,850 14 $101,504 Fremont 33 $131,028 34 $144,276 Grand Island 98 $141,222 70 $118,470 Hastings 34 $113,187 36 $126,250 Lincoln 445 $171,067 399 Lincoln County 47 $102,347 Norfolk 73 Board Name 2012 2013 Average # 2012 Average # sales Sale Price sales Sale Price Dakota County 17 $122,174 12 $100,016 Fremont 19 $156,618 31 $120,503 Grand Island 74 $138,954 64 $123,614 Hastings 31 $111,526 17 $111,759 $166,164 Lincoln 387 $166,847 355 $154,841 37 $130,141 Lincoln County 32 $131,262 29 $109,061 $133,644 54 $120,575 Norfolk 48 $117,140 48 $98,082 1,297 $184,707 1,150 $177,795 Omaha Area 913 $179,016 898 $171,006 Scotts Bluff Co. 55 $123,366 44 $126,625 Scotts Bluff Co. 31 $136,397 47 $121,094 Tri-County 23 $90,203 29 $75,800 Tri-County 24 $85,721 29 $83,731 Omaha Area OCTOBER 2013 STATS Board Name 2012 2013 Average # 2012 Average # sales Sale Price sales Sale Price Dakota County 12 $127,003 22 $88,314 Fremont 36 $153,750 27 $93,130 Grand Island 71 $146,351 79 $120,897 Hastings 30 $129,177 35 $101,304 Lincoln 344 $168,570 332 $164,067 Lincoln County 45 $129,298 48 $117,184 Norfolk 52 $114,978 53 $114,581 1,015 $179,584 986 $173,446 Scotts Bluff Co. 34 $107,100 35 $128,663 Tri-County 25 $92,846 20 $85,510 Omaha Area Nebraska REALTORS® Legal Hotline Mon—Fri: 10 a.m. - noon & 2 - 4 p.m., 402 /328—8375 [email protected] **Broker sign-up for the service is required. www.NebraskaRealtors.com Nebraska REALTORS® Association 800 South 13th Street, Suite 200 Lincoln, NE 68508-3240 Calendar of Events January 2014 17 Nebraska Real Estate Commission Meeting - Lincoln 25 Bill Review Session - NRA Office, Lincoln 27 Leadership Essentials - Holiday Inn, Lincoln 28-29 Legislative Days - Holiday Inn, Lincoln PRSRT STD U.S. POSTAGE PAID Permit No. 67 Lincoln, NE Mark Your Calendars Legislative Days February 2014 20-21 Nebraska Real Estate Commission Meeting - Lincoln March 2014 21-25 Association Executives Institute - Baltimore, MD 20-21 Nebraska Real Estate Commission Meeting - Lincoln April 2014 7 CRS 103: Mastering Positive Change (9999T) 6 Broker Training Credits - La Vista 7-8 Rookie Training/GRI 101 (0596) 9 CE credits - La Vista 7-9 97th Annual NRA Convention & Exhibition - La Vista 9 At Home With Diversity (0415) 6 CE credits - La Vista 18 Nebraska Real Estate Commission Meeting - Lincoln May 2014 12-17 NAR Midyear Legislative Meetings - Washington, D.C. 22-23 Nebraska Real Estate Commission Meeting - Lincoln June 2013 19-20 Nebraska Real Estate Commission Meeting - Lincoln View the most updated and comprehensive calendar of REALTOR® events across the state on our Web site. www.NebraskaRealtors.com January 28-29, 2014 Saturday, January 25 Bill Review Session Tuesday, January 28 Holiday Inn Downtown Lincoln, Nebraska Executive Committee Meeting RPAC Trustees Meeting Agency Task Force Meeting Federal Coordinators Meeting 2014 Committee Chair & Vice Chair Training REALTOR Party Appreciation Celebration Wednesday, January 29 Governmental Affairs Committee / Bill Review Session Lunch with State Senators Board of Directors Meeting Registration begins December 16th. Visit www.NebraskaRealtors.com View our comprehensive education calendar of classroom, online, designation, and pre-license courses on our Web site. www.NebraskaRealEstateEducation.com