his vision for the future his for the future vision

Transcription

his vision for the future his for the future vision
PUBLIC POLICY FORUM
WRA legislative agenda moving on
all fronts
BEST OF THE
LEGAL HOTLINE
Personal sales & purchases
March 2004
$5.00
A PUBLICATION OF THE WISCONSIN REALTORS ASSOCIATION
®
NEWS.WRA.ORG
Spam.. Spam...
and More Spam
How e-mail filters may
screen more than you
want
page 4
Home Loans for
Veterans
Who is eligible, how they
work and where veterans
can find out more
page 11
2004 Technology
To-Do List
Laptops, digital cameras,
smart phones and more
page 15
CE in Vegas!
Complete your 2003-2004
CE requirements on the
Vegas strip
page 16
SPECIAL REPORT
GhisOVERNOR
D
OYLE
vision for the future
YO U R S O U R C E F O R T H E L AT E S T R E A L E S TAT E N E W S
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WISCONSIN REAL
REAL ESTATE
ESTATE MAGAZINE
MAGAZINE
WISCONSIN
THE OFFICIAL
OFFICIAL PUBLICATION
PUBLICATION OF
OF THE
THE WISCONSIN
WISCONSIN REALTORS
REALTORS®® ASSOCIATION
ASSOCIATION
THE
MARCH 2004
2004
MARCH
VOL. 20,
20, NO.
NO. 77
VOL.
Contents
2004 Technology
To-Do List
12
Special Report:
Governor Doyle
His Vision For Wisconsin’s Future
Page 15
An overview of key elements in the Grow Wisconsin
plan working to ensure Wisconsin remains a great place
to live, work, buy a home and raise a family.
Complete Your
4
Spam, Spam and More Spam
Real Estate or
5
Inside the WRA with Bill Malkasian
Appraisal CE
6
In the Spotlight – Kitty Jedwabny
8
Legal Hotline – Personal Sales & Purchases
10
REALTOR® Affiliations with Title Companies
11
Home Loans for Wisconsin Veterans
WRA Legislative
16
Upcoming Education
Agenda Moving
19
Member Benefits
On All Fronts
23
TIF Law to Provide Needed Boost to Economy
24
2003 RPAC Awards
25
REALTOR® Referrals
Requirements on
the Vegas Strip
Page 16
Page 20
Cover photo by Alvaro Ignacio Barros, designlogoworks.com
WISCONSIN REAL ESTATE MAGAZINE, March 2004
3
Wisconsin Real Estate Magazine is published by
the WISCONSIN REALTORS® ASSOCIATION
Wisconsin
Real Estate Notes
Walter Hellyer, CRB, CRS, GRI, Chairman
[email protected]
Kitty Jedwabny, CRB, CRS, Chair-Elect
[email protected]
Jeff Kitchen, CRS, GRI, Treasurer
[email protected]
Spam, Spam and More Spam!
William E. Malkasian, CAE, President
[email protected]
How e-mail filters may screen more than you want
Editorial Staff
William E. Malkasian
Publisher
A
s an increasing number of businesses begin to comply with the CANSPAM Act of 2003, e-mail recipients who use spam filters must be careful so that they don’t miss out on information they want to receive. If a
spam filter deletes or segregates e-mail containing the words “unsubscribe” or
“opt out,” a recipient may not receive electronic newsletters or other messages
from associations and other groups that include reminders about education,
events or products because those e-mails will include an option to unsubscribe
or opt-out.
For example, all WRA e-mails include an unsubscribe message because so many
include information about classes, events and publications for which a fee may be
charged. If your spam filter weeds out messages that contain the word “unsubscribe,” you may not be receiving any e-mails from the WRA, including DR
Hot Tips or the new REALTOR® Online Resource Package.
The CAN-SPAM Act of 2003 defines commercial e-mail to
include all electronic messages that advertise or promote
a product or service. Commercial e-mails, under this
law, must include an opt-out or unsubscribe message
and an opt-out or unsubscribe mechanism to which
the recipient may address his or her request to not
receive any future e-mail. Commercial e-mails must
also include a return e-mail address, a physical postal
address, and a clear and conspicuous notice that the message is an advertisement or solicitation. For further discussion of this law, see Legal Update 04.01,
“Federal Anti-Spam Legislation,” at
www.wra.org/LU0401.
Robert Uhrina
Managing Editor
Laura Connolly and Erin Glodowski
Publication Editors
Wisconsin Real Estate Magazine, USPS 597850, ISSN 1096—9829, is published monthly
by the WISCONSIN REALTORS® ASSOCIATION,
4801 Forest Run Road, Ste. 201, Madison, WI
53704. Periodical postage paid in Madison,
WI and additional mailing offices. An annual
subscription rate of $5 is included in membership dues and a copy is mailed to every paid
REALTOR® and affiliate member of the association. Nonmember subscription rate: $60.
POSTMASTER: please send address changes
to the WISCONSIN REALTORS® ASSOCIATION,
4801 Forest Run Rd. Ste. 201, Madison WI
53704-7337
Permission to reprint or quote any material
from this issue is hereby granted, provided the
Wisconsin Real Estate Magazine is given proper
credit in all articles or commentaries, and the
WISCONSIN REALTORS® ASSOCIATION is provided with a copy of any reprint.
Contact
4801 Forest Run Rd., Suite 201
Madison, WI, 53704-7337
(608) 241-2047 • (800) 279-1972
legal hotline: (608) 242-2296 • (800) 799-4468
general fax: (608) 241-2901
products/education fax: (608) 241-5168
legal hotline fax: (608) 242-2279
president fax: (608) 242-2267
[email protected]
www.wra.org
4
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Inside
the wra
with Bill Malkasian
A
s Wisconsin faces the challenges of a tough economy, we can’t help
but wonder what the future holds for the Badger State – for residents and real estate professionals. With interest rates falling and
home sales skyrocketing, the housing market has been sensational. But can
it last forever in the wake of conditions such as higher property taxes and a
smaller workforce?
Bill Malkasian
WRA President
“With interest rates
falling and home
sales skyrocketing,
the housing
market has been
sensational.
But can it last?”
In early January, I had the opportunity to speak with Governor Jim Doyle in
person about the state of the Wisconsin economy. While there were no fortunetellers or crystal balls, it was an enlightening experience to hear what lies ahead.
As part of our discussion, I asked Governor Doyle to prepare a feature story
for this month’s issue of Wisconsin Real Estate Magazine, giving REALTORS an
opportunity to hear his vision for the future and how we can all work together to
make Wisconsin a better place to live.
Another feature in this month’s issue showcases WRA Chair-elect, Kitty Jedwabny of Coldwell Banker, The Real Estate Group. Kitty currently leads the
WRA’s Strategic Planning Committee and is slated to become the next Chair of
the Board in October 2004. One of Kitty’s immediate goals preparing for her new
post is to begin visiting with REALTORS across the state to gauge their interest
in leadership roles within the WRA. If you are interested in serving as a board
member or a participant on one of our committees, please let Kitty or me know.
You can e-mail Kitty at [email protected].
Next, we are eager to report on a number of exciting results from the current
Legislative session, which ends March 11. The WRA has played an important
role at the forefront of these discussions. Be on the lookout for a full report in the
April issue of Wisconsin Real Estate Magazine.
Finally, don’t miss our new REALTOR Referral section on Page 26. It’s an
exciting way for you to promote yourself, get your name in front of more than
15,000 REALTORS and generate referral business from other areas of the state.
Space is limited so be sure to lock in your position early. For details, contact Rob
Uhrina, our VP of Marketing and Communications, or drop him an e-mail at
[email protected].
As always, we love to hear your feedback. I encourage you to express your opinions in a letter to the editor, addressed to me at [email protected] or 4801 Forest Run
Road, Suite 201, Madison, Wisconsin 53704. I look forward to hearing from you!
Sincerely,
Bill Malkasian
WISCONSIN REAL ESTATE MAGAZINE, March 2004
news.wra.org
5
In the
Spotlight
Kitty Jedwabny, CRB, CRS
Chair-Elect of the WRA Board of Directors
Meet the WRA’s chair-elect, Kitty Jedwabny. She is the manager-owner of
Coldwell Banker, The Real Estate Group in Appleton, WI, and she is also a
partner in a construction company, J&S Homes, Inc. Kitty has participated in
numerous REALTOR® committees at local, state and national levels. Locally,
she has served the North East Wisconsin Association as the chairperson for
seven different committees, fifteen years as the local director, and twice as
board president. Kitty makes her home in the Appleton area with her husband Rick, has raised two sons who are in real estate, and is the very proud
grandmother of Jade and Logan.
WRE: How did you get started in the real
estate business?
believe is a consultant to help real estate
professionals grow their business.
Kitty Jedwabny: I saw a sign that said,
“Share the American Dream. Buy a
Home.” At the time I was on my way into
the hospital where I worked in emergency
services. There had been a car accident
with several children, two of whom
didn’t survive. At that moment, I made
an instant decision to share the dreams
rather than the nightmares, and I enrolled
in real estate school shortly afterwards.
Although being in this business is more
than sharing dreams, it is very rewarding
to help people make the best investment
possible with their home.
WRE: What qualities do you think make
a successful REALTOR®?
In the early years of my career, new
construction was my passion. With the
help of a good friend at F&M Bank, I
was able to start my own construction
company called J&S Homes. At the time, I
was an agent for Jim Temmer at Century
21 Temmer Realty. We eventually became
partners in both J&S Realty and Century
21 Temmer Realty, and in 1992 we merged
with Coldwell Banker Bytof Realty and
then changed our name to The Real Estate
Group. My role has become what I like to
6
KJ: Agents make themselves successful by
being leaders who are willful and fearless,
but also modest. They must have a great
sense of urgency.
WRE: What tips would you give to
someone just starting out in the real
estate industry?
Go into the office! Never forget the
old-fashioned American credo that hard
work and determination pay off. Get a
mentor, read something pertinent to the
business each day, dress for success, and
be involved in your community.
WRE: What changes do you see in the
real estate industry during 2004?
I don’t see a lot of changes, but there
should be a continuation of many trends,
including the growth of large companies
while small companies still struggle to
provide the same services. Small companies are also feeling the pressure on
the other side from discount services. As
Steve Murray stated in this publication
last month, customers are expecting to
receive more service for what they pay
than they did in the past.
Increasing use of technology is another
continuing trend that we are all familiar
with. Having a Web site, e-mail and cell
phone is not an edge anymore. They are
just part of the daily business.
As chair-elect, how do you see the
WRA’s role in the Wisconsin real estate
industry developing?
The new Wisconsin Real Estate Magazine
is a good example of the future role of
the WRA. This communication piece
encompasses a monthly package of all the
benefits you can receive – legal analysis,
pertinent industry information, educational opportunities and updates on public policy efforts. The WRA is delivering
services that are not only applauded by
its members, but by its peers nationwide.
I know Bill Malkasian and his group will
continue to make the WRA the mark by
which all other real estate associations are
judged.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Legal Matters
Uniform Dwelling Code To Be
Enforced Statewide
BY THOMAS CULLEN
O
n December 3, 2003, Governor Jim Doyle signed into
law the Home Safety Act
(2003 WI Act 90) which requires
the state’s Uniform Dwelling Code
(UDC) (Comm. 20-25 WI Admin.
Code) to be enforced in all municipalities throughout the state.
The UDC is a uniform statewide
building code for one- and two- family dwellings built
since June 1, 1980. The UDC sets minimum standards for
fire safety, structural strength, energy conservation, erosion control, heating, plumbing and electrical systems, and
general health and safety in new construction dwellings.
Prior to the new legislation, municipalities with a population
of 2,500 or less could choose, by resolution, to not enforce
the UDC in their communities. Municipalities over 2,500, on
the other hand, were required to enforce the UDC. In those
municipalities that chose not to enforce the UDC, an administrative building permit was issued for new construction,
but there was no review of the building plans and no field
inspection of actual construction. It is estimated that approximately 900 municipalities in Wisconsin elected to not enforce
the UDC.
Municipalities and counties that provide enforcement can enter into intergovernmental cooperation agreements whereby
the governmental entities can share the cost of enforcement.
Enforcement activities can be performed by full or part-time
in-house inspectors or contracted out to qualified private
inspectors. In cases where the Department of Commerce
enforces the UDC, they plan to hire inspection agencies on
either a local or countywide basis.
The new legislation went into effect on December 18, 2003.
The Department of Commerce estimates that it will take three
to six months to get the enforcement system into place. In the
meantime, home buyers, builders and REALTORS® should
be aware that compliance with UDC requirements will be
required for all one- and two-family homes constructed in the
state, regardless of the size of the community.
For further information, contact the Department of Commerce, Safety and Building Division, by calling (608) 266-3151
or go to their Web site: www.commerce.wi.gov/SB/SBOneAndTwoFamilyInfo.html.
Under the new legislation, the UDC must be enforced regardless of the municipality’s population. Municipalities under
2,500 that previously chose to not enforce the UDC, will now
have three options:
1. Adopt an ordinance and enforce the UDC locally.
2. Delegate enforcement to the county, provided the county
is willing to provide the service.
3. Delegate enforcement to the Department of Commerce,
Safety and Building Division, which will be required to
enforce the UDC for new homes in the municipality.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
77
Best of the Legal Hotline
&
Purchases
Personal Sales
BY DEBBI CONRAD AND TRACY RUCKA
T
Commission:
Agency:
Incentive:
Can a real estate licensee buy or sell
his or her own property as an agent for
him or herself?
Since a commission is not paid, how
can a licensee get an incentive when
acting as a buyer?
No. An agency relationship is created
between a buyer or seller and a real estate
broker when they enter into either a buyer
agency agreement or listing contract. The
agency agreement allows the broker to act
on behalf of the principal, that is, the buyer
or the seller. The broker earns the commission by providing real estate brokerage
services as an agent for the principal.
The license should first review office policy
to see what guidance is there as far as the
personal real estate transaction. Depending on the policy, it may be possible for
the licensee to proceed independently and
request an incentive from the listing broker
or the seller. In that case, the licensee drafts
the offer to purchase on his or her own
behalf. The licensee should cross out line
one of the offer to purchase because the
licensee is the principal and not an agent
in the transaction. An incentive negotiated
with the seller would be paid directly to
the licensee as a party, and is not subject
to the provisions of the independent
contractor agreement or to the Wis. Stat. §
452.14(3)(f) prohibition against accepting
compensation from anyone other than the
broker.
Hotline
he following recent Legal Hotline
questions relate to the proper
procedures to follow when a
licensee buys or sells real estate for his
or her own personal use or investment.
The first thing the licensee typically
wants to know is whether he or she can
get paid a commission in the transaction. Unfortunately, the answer is no.
However, the licensee may receive an
incentive or referral fee if the transaction
is structured properly.
Black’s Law Dictionary defines an agent
as, “A person authorized by another
(principal) to act in place of him; one
entrusted with another’s business. One
who represents and acts for another under
the contract or relation of agency.” The
essence of the definition is that the agent
acts on behalf of another. By definition,
two people are required before one person
can be an agent. Thus, a real estate licensee
who is a principal in the transaction cannot
also be his or her own agent.
8
Can a real estate licensee earn a commission as an agent in his or her own
personal transaction?
When a real estate licensee is a party to the
transaction, the licensee cannot concurrently act as his or her own agent and thus
cannot earn a commission in that capacity.
The licensee, however, may negotiate for
an incentive, but it is a misnomer to say
that the licensee is paid a commission.
In the alternative, the licensee’s broker/
company may provide brokerage services
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Legal Hotline
to the licensee as a principal and proceed
with the licensee as the client or customer.
In this scenario, the licensee may negotiate an incentive is negotiated with the
broker/owner.
1. Office policy. Policies are designed
to limit broker liability as well as outline
appropriate strategies for agents to follow
when seeking incentives or referrals in
personal transactions. Some brokers require that personal transactions be handled
though the company, while others do not.
When setting office policy, two major
issues are raised in the analysis of an
employer-broker’s potential liability for
damages resulting from a salesperson’s
purchase or sale of personal real estate.
The first issue is related to satisfying the
rules of the DRL; the second focuses on
civil liability resulting from damages suffered by sellers.
While § RL 17.08 requires a broker to
supervise the activities of his or her agents,
the DRL has interpreted this to be limited
to only those activities requiring licensure
under Wis. Stats. § 452.01. Because § 452.01
generally does not require a license for the
purchase or sale of personal real estate, the
DRL does not require supervision under its
rules (except for certain patterns of sales,
per § 452.01(2)(b)).
However, potential still exists for the
broker/employer to be subject to liability
for parties injured by the licensee’s “personal transactions.” This liability results
because third parties may assume from
their contacts with the licensee that they
were dealing with the broker/company
through the agent. This misperception may
be created, for example, when the licensee
meets the other party in career apparel,
hands out company business cards, accepts
phone calls at the office or corresponds on
company letterhead. To avoid this appearance, office policy may prohibit the use of
the office, company business cards, office
phones, etc. to try to keep the personal real
estate activity of licensees separate and
apart from the office. Brokers may require
licensees to give all parties in personal
transactions a disclosure letter indicating
no involvement by the broker.
Alternately, a broker might require all
personal real estate transactions to be
handled under office supervision, so the
licensee becomes a client or customer of
the company. The licensee’s broker would
function as a subagent of the seller or as
a buyer’s broker, write the offer for the
licensee/buyer, and claim the cooperative
commission as the “procuring cause” of
the sale. In such cases, the broker must
fulfill his or her normal agency duties
by properly representing the interests of
the parties. If the broker acts as a buyer’s
broker, pursuant to § RL 24.07(8)(a) and
Standard of Practice 16-11, the buyer’s
broker must disclose the buyer agency
upon first contact. In addition, pursuant to
§ RL 24.05(2) and Article 4 of the Code of
Ethics, the selling broker must disclose that
the buyer is a licensee and obtain the written consent of the parties in the offer. The
broker and the licensee/buyer may have
an agreement whereby the broker pays the
licensee/buyer an incentive, or this may be
required by the broker’s office policies and
procedures.
In deciding what approach to use, a
broker/employer should consult with
private counsel. Once approved, the
policy should be incorporated into the
office policy and procedures manual. The
greatest risk of broker liability is in those
offices that do not address the issue in any
fashion.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
news.wra.org
2. Incentive from the listing broker. If the
buyer/licensee is going to write his or her
own offer to purchase, the buyer/licensee
may first negotiate an incentive with the
listing broker. The agreement would be
documented on a separate sheet of paper
and signed by the buyer/licensee and the
listing broker: “As an inducement to Larry
Licensee to purchase the property at 123
Main Street, Salestown, Wisconsin, Real
Good Realty, Inc., promises to pay to Mr.
Licensee an incentive in the amount of
$2,000 at the time of closing provided the
closing occurs on or before December 31,
2004. It is agreed that this incentive shall be
paid in lieu of any commission offered on
the MLS or otherwise, that commission being hereby declined.” Including the waiver
of MLS commission, although extraneous,
clearly informs the listing company that
there is no expectation of any commission
offered via the MLS.
3. Incentive from the seller. A licensee
may negotiate for an incentive. The agreement should be documented in the offer
to purchase. For example, the license may
provide, in the offer: “As an incentive for
Lucy Licensee to purchase the property
at 234 5th Street, Anytown, Wisconsin,
the seller promises to pay Ms. Licensee an
incentive in the amount of $3,000 at the
time of closing.”
4. Incentive from the licensee’s broker.
Some office policies require that the broker
or office manager act as the agent on behalf
of the licensee buyer or seller. In this
scenario, the broker drafts the offer to purchase on behalf of the licensee and earns
any commission offered by the listing
broker. The broker and the licensee may
enter into their own incentive agreement
regarding the transaction.
9
Legal Matters
REALTOR® Affiliations
with Title Companies
BY RICK STAFF
A
number of
recent calls to
the Legal
Hotline have
asked whether it is legal
for a REALTOR® to form an entity
which would enter into a relationship with a title insurance company,
enabling the entity formed by the
REALTOR® to receive payment for
services provided in connection with
the issuance of title insurance. These
types of relationships are possible,
but only if the entities involved meet
a number of requirements. Prior to
entering into these relationships,
REALTORS® may want to obtain an
opinion from private legal counsel
that the relationship between the
entity created by the REALTOR® and
the title insurance company does not
violate federal or state laws, including those prohibiting the payment
of unearned fees and kickbacks for
referrals.
Often the Hotline caller is being asked
to create an LLC, obtain a license as
a title insurance agent, and perform
certain services in connection with the
title insurance transaction. One question that must be addressed in these
situations is whether the fees paid to
the LLC are reasonable in relation to
the services provided that entity.
RESPA states in Sec. 2607: ”Prohibition
10
against kickbacks and unearned
fees.
No person shall give and
no person shall accept any
portion, split, or percentage of any charge made or
received for the rendering of a
real estate settlement service in connection with a transaction involving
a federally related mortgage loan
other than for services actually
performed.”
Wis. Admin. Code § Ins 3.32(4)(j)
states:
Paying or offering to pay a fee to a
producer of title insurance for services unless the fee bears a reasonable relation to the services performed is prohibited. The determination of whether a fee bears a
reasonable relation to the services
performed means a recognition of
time and effort spent, risk and
expenses incurred, and an allowance for a reasonable level of profit.
After June 30, 1987, for purposes of
this paragraph, a payment determined by applying a percentage
amount or formula to the premium
paid for title insurance is presumed,
unless rebutted, not to bear a
reasonable relation to services
performed. The presumption may
be rebutted in a particular case by
satisfying the commissioner that the
service to be performed and the
compensation to be received, with
recognition of time and effort spent
and risk and expenses incurred, are
substantially comparable to the
services performed and compensation received by agents, or to the
services performed by underwriters,
in this state who are not producers
of title insurance.”
In addition, REALTORS® contemplating this type of arrangement and their
legal counsel should review HUD
Statement of Policy 1996-2, “Regarding
Sham Controlled Business Arrangements.” This text of the policy is available at www.hud.gov/offices/hsg/sfh/res/
res0607c.cfm, and is discussed on pages
6-9 of Legal Update 96.08, “1996 RESPA
Regulations,” at www.wra.org/LU9608.
To date, each of the relationships
presented to the Legal Hotline have
required further investigation and all
members have been referred to legal
counsel. REALTORS® considering
such a relationship are reminded that
penalties for RESPA violations include
the payment of attorney fees in civil actions. For additional information about
RESPA, go to www.hud.gov/offices/hsg/
sfh/res/respa_hm.cfm.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Home Loans for Wisconsin Veterans
BY JOHN A. SCOCOS, WDVA SECRETARY
S
ince 1974, the Wisconsin Department of Veterans Affairs has offered home mortgage and home improvement loans to qualified veterans. More than 54,000
veterans have used WDVA loans to purchase their homes.
When the program began it was targeted at first-time
homebuyers with low and moderate incomes. There were
restrictive limits on income, assets and reuse, and the
program was not available to peacetime veterans. In 1997
there were several important changes. The income and
asset limits were removed, the program can now be used
multiple times, and it has been expanded to all veteran
homebuyers including over 100,000 peacetime veterans.
To be eligible, veterans must meet certain basic eligibility
requirements, including active duty service and Wisconsin
state residency. Veterans who served on active duty are now
considered residents after living in Wisconsin for only 12
consecutive months. Eligibility can be established by visiting
the County Veterans Service Office or simply by going online
to the WDVA Web site at http://dva.state.wi.us. With a certificate of eligibility from WDVA, the veteran can use one of the
over 500 lenders across Wisconsin who offer WDVA mortgage loans. The local lender will handle all of the necessary
arrangements for the mortgage loan.
The WDVA Home Loan offers a 30-year fixed rate loan on
the veteran’s primary residence, with no private mortgage insurance. There is a requirement for a five percent down payment and closing costs. Interest rates are generally below the
current market rate, and are always available on the WDVA
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Web site. The loan is limited to a maximum of 2.5 times the
median price of a home in Wisconsin, currently $342,250.
This limit is revised every July. Current law prohibits WDVA
from refinancing loans but there are no restrictions on
refinancing existing WDVA loans through another lender.
WDVA uses Fannie Mae rules and desktop underwriting,
allowing the department to turn around complete loan packages rapidly. Home mortgage loans approved by the local
lender and submitted to WDVA enjoy a 99 percent approval
and commitment rate. Once a loan is approved, the department will commit funds to the local lender, who will close
the loan. Servicing of the loan is usually done through the
local lender as well. Local lending institutions receive a one
percent origination fee and a 3/8ths of one per cent servicing
fee.
Principal and interest payments from WDVA home loans
are used to support this self-sufficient program and provide
other benefits to Wisconsin Veterans such as the WDVA
Home Improvement Loan. This loan offers a 15-year term
with a low fixed rate, currently 5.65 percent and up to 50
percent of the improvement project can count towards the
required 10 percent equity. Home improvement loans are
submitted through the County Veterans Service Office and
soon the home improvement application will be available
online through our Web site.
For more information on WDVA Mortgage loans and
WDVA Home Improvement Loans visit dva.state.wi.us
and check home mortgage loans under benefits or contact
[email protected] or 1 800-947-8387.
11
SPECIAL REPORT:
GOVERNOR DOYLE’S
Vision for
Wisconsin’s Future
R
ecently, I delivered my second, state-of-thestate address to the legislature, and this year,
Wisconsin’s citizens have much to celebrate.
Gone is the $3.2 billion state deficit that I faced as your
new governor. The state’s worst fiscal crisis is over,
and we managed this crisis and balanced the budget
without raising taxes. That was job one of my plan to
help stimulate the economy and create good-paying
jobs.
We did that and achieved many other goals set in my
Grow Wisconsin plan. We ended the jobs tax on corporations, for example, one of several victories that eluded
my predecessors. Many other bipartisan measures have
been enacted under my leadership. For once, Democrats
and Republicans are working together to get the people’s
business done.
But what I really want to address in this forum is the
state of the neighborhood. After all, that’s what concerns
us most. We all want safe, friendly neighborhoods, quiet
streets with attractive homes, close to good schools, set in
thriving communities.
You have a way of putting it succinctly, “Location, location, location.”
12
For all the attention to the state economy, global markets,
the need to compete and create high-end jobs, the real
focus continues to be the children and families of Wisconsin, their needs and their future. For they are Wisconsin’s
future.
With Grow Wisconsin, we want to lend assistance to existing businesses where we can, build our economy, and
above all, lay a foundation for new, promising ventures to
sustain growth for years to come. But the primary goal is
to see that Wisconsin remains the best place to live, work,
buy a home, raise a family and enjoy all that the Badger
State has to offer.
As I said in my state address, I’m a pretty basic guy.
When it comes right down to it, there’s no better social
program than a good paying job. The educational needs
of our children also are pretty elementary: a classroom
with a good teacher, high expectations, a small class so
learning excels, and a roof that doesn’t leak. Good jobs
and schools equal good neighborhoods.
Jessica and I were married a number of years before we
realized the American dream of owning a home. Right
after college, we joined the Peace Corps, went to North
WISCONSIN REAL ESTATE MAGAZINE, March 2004
news.wra.org
grow
wisconsin
Africa and taught English for two years at a desert outpost in Tunisia. Once back in the states, I earned my law
degree in Boston; then we were off to Arizona to work on
the Navajo Indian Reservation.
Not until 1975 did we come home to Madison, richer for
the experience. We left as teachers in 1967, but returned
students of the world. We were the ones who learned the
most, and that was the real reward. By then, we also had
a family, our first son, Gus. Soon, Gabe followed.
Now, as Governor, I’m determined to see that this
generation and their children have all the opportunities
we had and more. Most of all, we want all who follow
us to find those opportunities right here in Wisconsin.
Let them see the world and all its possibilities. But let
Wisconsin be home for them, and others who won’t settle
for less.
We’re well on our way. Even in fiscal crisis, we increased
funding for education, and my task force on education is
studying new ways to support our schools and provide
every child the opportunity for an excellent education.
To prepare our children for the challenges of tomorrow,
we need to retain and recruit the best teachers today.
Toward that end, I announced a single-family housing
initiative last fall. Homes for Our Heroes provides low
interest mortgages not only to teachers, but police officers
and firefighters, allowing them to buy homes in the communities they serve. In two months, qualified applicants
have received commitments for nearly $5 million, half
the amount available. The initiative opens other doors to
potential homebuyers with low to moderate incomes.
To help others realize their dream, we are working hard
to grow the economy and create the good paying jobs.
Among the many achievements of Grow Wisconsin so far
is regulatory reform. These changes, which I signed into
law recently, will allow economic growth without harm
to the environment that we prize most in this state. Yet
WISCONSIN REAL ESTATE MAGAZINE, March 2004
even with that and other achievements, we have much
more to do.
Clearly, one thing we must do to ensure economic
growth in the decade ahead is create a $300 million
venture capital fund. With $10 million a year, we can
leverage another $20 million annually to help launch new
businesses. Also high on my Grow Wisconsin list is a $10
million job-training fund. Companies can qualify for free
job training, if they create a significant number of new,
high-paying jobs or they need to introduce new technologies to keep the jobs they have and compete.
Providing $1.5 million to fully fund the youth apprenticeship program will help meet the increasing demand for
skilled workers. And while we address these needs, we
must not forget those who toil at the lowest level for a
minimum wage of $5.15 an hour. They have not had
a raise in nearly seven years. Many of them are single
mothers, working, yet living in poverty. That is shameful,
and it must change.
None of the Grow Wisconsin proposals taken separately
will ensure long-term prosperity. But taken as a whole,
these initiatives and my larger agenda for children will
make Wisconsin the envy of other states, enhancing our
role as national model.
This is my vision. But we all must do our part for
Wisconsin to truly be a land of promise and opportunity,
whether it’s for a young entrepreneur, seeking capital
and a community to start a business, or a new family,
searching our neighborhoods to buy their first home
and live the American dream. Working together, we can
make it happen.
Sincerely,
Governor Jim Doyle
13
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800-279-1972.
Technology
The 2004
Technology
To-Do List
Part 1 of 2
BY STEPHEN
CANALE
Too Many Choices
With constant advances in technology, the most difficult question facing
the average real estate agent today
is exactly which technologies to take
advantage
of
first, which
come
last, and
which
ones
might
be a
waste of time altogether.
It would be easy for most of us to
assemble a “to-do” list of technology
that we would like to begin using this
year. Unfortunately, that list would
most likely exceed both our budget
and our ability to implement.
Investing In Technology
Rather than thinking about buying
all the technology you need at once,
you should consider technology as
an on-going investment, and budget
accordingly. Successful business
people invest in education, marketing
and technology on a continual basis.
Like it or not, technology is an ever
growing part of our future, and the
future is not something you buy all
at once.
How much to invest every year is
going to depend on where you are
on the technology curve right now,
where you want to be, and when you
plan to make the investment. As a
rule of thumb, I’d suggest that you
budget as much on computer-related
technology as you spend annually
on your personal communications,
meaning the total you spend on your
business phone line, long distance,
cell phone, fax and any paging or
messaging services combined.
What To Do & When To Do It
The following lists represent the
most logical order of technology
implementation for most sales people.
However, there is no set order within
each group, as this will vary from
person to person.
For most, completion of the “A List”
should occur before investing in the
“B List” though there is no reason
to believe that you must, or even
should, implement all of the follow-
WISCONSIN REAL ESTATE MAGAZINE, March 2004
ing. What follows is simply a ranking
of what technology investments are
most likely to result in increased
production, and therefore yield a
positive return.
The A List:
These represent the core technologies
that any salesperson that takes the future seriously must fully exploit. Each
of these tools are just about guaranteed to be worthwhile investments,
as long as they are thoughtfully, and
aggressively used.
Notebook Computer - For most
salespeople, the days of needing a
desktop computer are over. Today’s
notebooks have more than enough
power to run entire businesses, and
can also plug into all of the commonly
desired accessories such as: monitors, keyboards, printers, scanners,
back-up drives, etc. As long as you’re
running any Pentium or AMD processor that’s less than two years old, and
have an “active” display, you can
operate as a truly mobile professional.
Portable Printers - If you’re going to
go portable with your technology,
then a portable printer is an eventual
must-have purchase. While showing
buyers and sellers property flyers and
MLS searches in their living room is
a great use of technology to enhance
customer service, nothing matches the
lasting professional impression made
by actually printing color copies to
leave behind. When you realize that a
good portable printer can be had for
under $300 and that these units really
are portable, it doesn’t take much
calculation to realize their true value.
Cannon, HP and Pentax all made
excellent portable printers.
Technology cont. on pg.. 22
15
Education & Products
2004 GRI Scholarship Recipients
Congratulations to the 2004 GRI Scholarship recipients:
Darwin Scoon
Sue Fietzer - Mau Realty & Builder’s
John R. Flor - Six Lakes Realty
Dawn Kent - Mau Realty, Inc.
Susan May - ERA Starr
James Mulleady, Jr. - Coldwell Banker
Mulleady, Inc.
Robert Poggemann - Williams Realty
of Minocqua
Deborah Walker - ERA Krause Real
Estate
Al Petrie
Chris Klein - Coldwell Banker The
Real Estate Group
Western Wisconsin Sue Alt
Michelle Schwechler, RE/MAX Team
1 Realty
Ozaukee REALTORS Shirley Hanson
Audrey Emerson - Schmidt Realty, Inc.
Washington Board
Kim Behling - Integrity Real Estate
Services
Beverly Ehley - Century 21 DoerfertLopas
Waupaca Shawano
Angela Hanson, Coldwell Banker The
Real Estate Group
James Leland - Coldwell Banker The
Real Estate Group
Steffanie Myers - Coldwell Banker
The Real Estate Group
Jill Schneider - Coldwell Banker The
Real Estate Group
CRS
Need Another CRS Course?
Attend CRS 210 on
Aug. 16-17 in Madison.
“Building an Exceptional Customer
Referral Business” is a highly interactive course designed to deliver all the
essentials for refocusing the student’s
business plan to a customer service
centered repeat and referral business.
The information provided will help
identify the expectations of the “new
consumer,” the “new behaviors” necessary to meet those expectations and
specific systems to make the agent’s
business more productive, profitable
and enjoyable.
The WRA for All Your CE Needs:
2003-2004 Real Estate CE – Live or Distance Learning
You can complete your 2003-2004 continuing education requirements by
attending one of the WRA’s numerous live courses held throughout the
state. Get personal attention from top instructors through Wisconsin’s
largest real estate CE provider. See page 18 for a schedule of classes.
The WRA also provides distance learning options for completing real
estate CE – a video or DVD course or a self-study booklet, each with a
corresponding Internet exam. Go to www.wra.org/distancelearningce or
call the WRA at 800-279-1972 for more information.
2001-2002
Continuing
Education is still
available!
You can also complete the
2001-2002 continuing education
requirements by using either our
Video-Internet version or the
Self-Study Booklet/Internet
version. Call to register
today!
16
CE for Commercial Real Estate Brokers
The WRA is providing real estate CE
courses specifically designed for the commercial real estate licensee. These courses
cover issues relating to commercial practice,
allowing commercial brokers to stay current
with recent developments in the industry.
CE 3 & 4C will be offered March 3, 2004 at
RANW, Appleton, Wisconsin.
Las Vegas Appraisal
and Real Estate CE
Wisconsin real estate and appraisal
CE courses will be offered in Las
Vegas on March 15-16, 2004. Attend
any of the four 2003-2004 real estate
CE classes or attend any of the four
2004-2005 appraisal CE classes. All
courses will be held at the Stardust
Resort and Casino. Call the WRA or
visit www.wra.org for details.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Upcoming Prelicense Courses
Sales Prelicense
Education & Products
Education Registration Form
To obtain a real estate license in the state of Wisconsin,
you must first complete 72 hours of approved education
courses such as our sales and licensing course. Second,
you must pass a state-administered exam. The WRA is
offering an eight-day accelerated 72-Hour sales program
May 3-6 and 10-13, 2004 at the WRA in Madison. Brokers
can purchase a $50 discount coupon for only $10, which
entitles your new recruit to a $50 discount on the registration fee. Your new recruits can be ready to take the exam
as soon as they complete the class. Ask them to register
today at 800-279-1972.
CONTACT INFORMATION
Name ________________________________________________
Firm name ___________________________________________
Address_______________________________________________
City ______________________ State _______ Zip ___________
Phone (W)______________________ (H)____________________
e-mail address_________________________________________
Broker Prelicense
SS# or WRA member # _________________________________
If you are interested in obtaining your broker’s license,
you must complete 36 hours of education. Areas of study
include: fair housing, real estate practice, approved forms,
trust accounts, and more. This course will be offered on
April 12-15, 2004 and July 26-29, 2004 in Madison. This
program is also available through a video self-study version or a self-study Internet program. Completion of this
education, passing the exam and applying for the broker
license fulfills the 2003-2004 real estate CE requirements.
DATES AND FEES - Fill in information for course attending
Course _______________________________________________
Location ______________________________________________
Date _________________________________________________
PAYMENT
Total $________
It’s a Great Time to Earn Your ABR
®
As buyer agency is becoming the way more Wisconsin home
buyers want to do business, it is becoming a more lucrative
part of the market. Start earning your Accredited Buyer
Representative (ABR) designation by attending the two-day
ABR course on August 11-12, 2004 in Madison. This course
covers agency, service delivery, marketing and promotion, and
negotiation and risk management This course fulfills Course 4
of your 2003-2004 continuing education requirement.
Attended the Two-Day Course? Now Complete an ABR Elective!
On August 13, 2004, the WRA will offer “Innovative Marketing Techniques for the Buyer’s Representative” in Madison.
This one-day program also meets the ABR elective course
requirement. You will learn to create novel marketing approaches for our personal “brand” that grab homebuyers’
attention. Develop market awareness and vision for your real
estate practice that helps you define differentiating marketing
opportunities. Topics include: marketing to build relationships, attracting new unreferred prospects, image building
and branding, marketing ideas and philosophy, and building a
trophy database.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
 Enclosed is my check made payable to the WRA
 Charge my VISA/MasterCard (circle one)
Card number_________________________ Exp. date ________
Register by Mail:
WISCONSIN REALTORS® ASSOCIATION
4801 Forest Run Road, Suite 201
Madison, WI 53704-7337
Register by Phone: (800) 279-1972 or (608) 241-2047
Register by Fax: (608) 241-5168
Online Registration: www.wra.org
CANCELLATION POLICY: The WRA reserves the right to cancel
a course if not filled. Cancellations must be made in writing
prior to the start of the course and will be refunded, minus a
$25 administrative fee. Registrations cannot be transferred from
person to person.
17
See
Page 17
to register
Continuing Education
Sales & Marketing
Management
Prelicense
Education
Calendar
18
Education & Products
Nonmembers pay an additional fee for all courses.
~ Appraiser section members receive a discount.
* Must be postmarked or received by WRA 14 days prior to
start of class
** Fee until day of class – additional fee charged at the door.
## Group discount is available.
(1) Fee for all four modules.
Date
Course
Time
Location
Regular Reg.**
March 1-4; 8-11, 2004
72-Hour Sales
8:00 am - 5:00 pm
Madison
$325 (plus books)
April 12-15, 2004
36-Hour Broker
8:00 am - 5:00 pm
Madison
$255 (plus books)
May 3-6; 10-13, 2004
72-Hour Sales
8:00 am - 5:00 pm
Madison
$325 (plus books)
July 26-29, 2004
36-Hour Broker
8:00 am - 5:00 pm
Madison
$255 (plus books)
Date
Course
Location
Early Reg.*
Regular Reg.**
March 25-26, 2004
Quickstart Module 3 & 4
Madison
$240(1)
$240(1)
April 7 & 8, 2004
Quickstart Module 1 & 2
Madison
$240(1)
$240(1)
May 19-20, 2004
Quickstart Module 3 & 4
Madison
$240(1)
$240(1)
August 11-12, 2004
Buyer Agency (ABR)
Madison
$260
$270
August 13, 2004
ABR Elective (Innovative Marketing Techniques)
Madison
$125
$135
August 16-17, 2004
CRS 210
Madison
$275
$285
Date
Course
Time
Location
March 3, 2004
2003-04 CE 3 & 4C
(commercial)
8:30 am - 4:30 pm
Appleton
March 4, 2004
2003-04 CE 1 & 2
8:30 am - 4:30 pm
Beaver Dam
March 8, 2004
2003-04 CE 3 (video)
March 9, 2004
Registration
Member**
Non-Member**
$27/course
$37/course
920-356-1100/
920-885-33312
Call for details
9:00 am - 12:30 pm Manitowoc
920-553-6227
Call for details
2003-04 CE 4A (video)
9:00 am - 12:30 pm Manitowoc
920-553-6227
Call for details
March 9, 2004
2003-04 CE 3 & 4A
8:30 am - 4:30 pm
La Crosse
608-785-7744
Call for details
March 11, 2004
2003-04 CE 3 & 4A
8:30 am - 4:30 pm
Beaver Dam
920-356-1100/
920-885-33312
Call for details
March 11, 2004
2003-04 CE 3 & 4A
9:00 am - 5:00 pm
Brookfield
800-279-1972
March 11, 2004
2003-04 CE 1 & 2 (video) 9:00 am - 4:00 pm
Janesville
608-755-4854
Call for details
Las Vegas
800-279-1972
Call for details
Call for details
$24/course
$32/course
March 15-16, 2004 2003-04 CE 1, 2, 3 & 4A
8:30 am - 4:30 pm
March 16, 2004
2003-2004 CE 4B (video)
9:00 am - 12:30 pm Manitowoc
920-553-6227
March 24, 2004
2003-2004 CE 3 & 4A
9:00 am - 5:00 pm
Madison
800-279-1972
March 25, 2004
2003-2004 CE 1 & 2
8:30 am - 4:30 pm
Kenosha
262-942-0592
Call for details
March 31, 2004
2003-2004 CE 3
8:30 am - 12:00 pm Sheboygan
920-457-7908
Call for details
April 7, 2004
2003-2004 CE 3 & 4A
8:30 am - 4:30 pm
Sturgeon Bay
920-743-9651
Call for details
April 14, 2004
2003-2004 CE 1 & 2
8:30 am - 4:30 pm
Elkhorn
262-723-6851
Call for details
April 21, 2004
2003-2004 CE 2 & 1
9:00 am - 5:00 pm
Madison
800-279-1972
Aprl 21, 2004
2003-2004 CE 2 (video)
9:00 am - 12:30 pm Janesville
608-755-4854
$24/course
$24/course
$32/course
$32/course
Call for details
WISCONSIN REAL ESTATE MAGAZINE, March 2004
WRA Member Benefits
New Health Insurance Options WRA Members Have Great UPS Benefits
WRA members receive the following discounts off of UPS published rates:
for REALTORS ® from REGIT
• $1.50 off Next Day Air Letters. There is no weight limit on UPS Next Day
Q: What is the Health Savings Account (HSA)
touted by the president in the State of the Union
address?
A: An HSA combines a high-deductible health insurance policy with a tax-exempt savings account
established exclusively to pay qualified medical
expenses. The savings account is controlled by the
insured person to pay health care expenses.
Q: Who is eligible to establish an HSA?
Air Letters. Delivery is guaranteed by the next morning. Letter-size and
legal-size envelopes are available.
• 10% Off Next Day Air packages (guaranteed delivery by the next morning)
• 10% off Second Day Air a.m. letters and packages (guaranteed delivery on
the second business day by noon – available to most cities)
• 20% off Worldwide Express Letters and packages (international delivery
guaranteed in one to two business days to most cities)
A: To receive a tax deduction for contributions to the
account, an individual must be covered under a
qualified high deductible health plan. The person
must also be below Medicare eligibility age (65)
and not be covered under any other health plan
with benefits similar to their qualified plan.
Receive reliable, guaranteed on-time delivery for your overnight documents
for less with your WRA discounts! Shipping with UPS couldn’t be simpler.
When you have documents to go out, just stop by one of the convenient drop
boxes or UPS can pick them up. Give UPS a call at 1-800-PICK-UPS or go to
www.ups.com for drop box locations, to request a pickup, and for ordering
free shipping supplies. For further information contact: Krista Lumpp at UPS
by either phone-262-789-7052 or e-mail at [email protected].
Q: Who contributes to the HSA and how much may
be contributed?
AMI Announces Rate Reduction!
A: Any eligible individual may contribute to an
HSA. (In the case of an employer-sponsored HSA,
the employer and/or employee may contribute.)
The maximum annual contribution to an HSA is
determined by number of months covered by the
qualified plan, but on annual basis it is the amount
of the annual deductible to a maximum of $2,600
for an individual and $5,150 for a family.
AMI Communications, the company currently providing many WRA
members with savings on their long distance service, is proud to announce an
across-the-board rate reduction effective this month. Here are the details:
Q: What is the tax treatment?
A: Contributions made by an eligible individual
are deductible by the individual in determining
adjusted gross income (i.e., an “above the line”
deduction). Interest accrues tax free in qualified
HSAs and there are no maximum limits on the
account accumulation.
Q: What can the HSA funds be used for?
A: Account distributions are tax free for qualified
medical expenses and prescription drugs, to pay
premiums for long-term care insurance, COBRA
continuation, and Health insurance while unemployed.
Q: Where can I get more information?
A: Contact WRA’s insurance partner, REGIT, at 800537-9786. They will provide complete details on
HSAs, traditional medical plans, as well as life and
dental plans.
AMI Long Distance Plan for WRA Members
Usage Type
Cost/Minute
Outbound Intrastate & Intralata
$.049 New!
Outbound Interstate
$.049 New!
Inbound Toll-Free Intrastate
$.049 New!
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• Accounts are managed by customer service personnel committed to
providing the highest level of service. Any concerns are always handled
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Take advantage of this member benefit now. Give us a call, tell us you’re a
WRA member, and begin enjoying the savings and quality of service this plan
provides! Call AMI at (800) 254-3202 or visit www.ami.net.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
19
Public Policy
WRA Legislative
Agenda Moving
On All Fronts
A
BY MICHAEL THEO
s the legislative session races to a scheduled mid-March
adjournment, key REALTOR® issues are receiving lots
of attention in the capitol these days. While WRA priorities must compete with hundreds of other issues for consideration, many appear headed for enactment before legislators
leave Madison to run for re-election in the fall.
Regardless of how many WRA-supported bills become law, the fact
that so many bills are receiving serious consideration is a positive
development compared to the past several sessions. In previous
sessions when the two houses of the Legislature were controlled by
different parties, many REALTOR®-backed bills passed the State
Assembly only to stall in the State Senate. This session is markedly
different as WRA lobbyists are working closely with the Republican-controlled legislature and the Democratic governor.
As we enter the final weeks of session, all REALTORS® are encouraged to watch for possible Calls To Action (by mail, phone or
e-mail) that will provide instructions on contacting your legislators
regarding important pending issues. In preparation for this, here’s
a quick scorecard on the status of our legislative agenda. As always, please feel free to contact us with any questions or comments
you might have. And thank you, in advance, for your willingness
to help!
20
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Public Policy
Legislation Passed
Legislation Moving
Regulatory Reforms - Known as the
“Jobs Creation Act,” this bipartisan
legislation which has been signed into
law by Gov. Doyle provides for streamlined air and water permitting without
weakening environmental regulations.
(AB 655/AB 313)
Constitutional Spending Limits - This
legislation will impose spending limits
on state and local governments to better
reflect the taxpayers’ ability to pay. This
legislation must pass two legislative
sessions, then be approved by voters in
a statewide referendum in 2006. While
there appears to be widespread legislative and public support for this concept,
the exact language for this legislation is
far from settled. The WRA is seeking
to insure that spending limits do not
inhibit community growth or economic
and job development. (AJR 55)
Tax Incremental Financing Districts
(TIFs) - Legislation to expand the use
of TIFs, including restoring residential
housing TIFs has been signed into law.
TIFs are perhaps the best economic
development tools available to local
governments. (SB 305) (see feature story
on pg. 23)
Municipal Fees - This legislation codifies existing case law by limiting fees
charged by local units of government to
an amount equal to covering the cost of
providing that service to the public and
no more. The bill has passed and is on
the governor’s desk. (AB 728)
Trans 233 - The Legislature has suspended key elements of this Dept. of
Transportation rule governing development and use of private property along
highway right of ways. The WRA has
been seeking changes to this rule for
years. It is hopeful that this action will
lead to revised rules that respect private
property rights while insuring highway
safety.
Health Insurance Cooperatives - This
legislation creates five regional health
insurance cooperatives that allow
individuals, potentially including independent contractors like REALTORS®,
to purchase affordable health insurance.
The law is now in effect and meetings to
define participants are underway.
License Reciprocity - Legislation
authorizing the state to create reciprocal real estate licensing agreements
with other states to allow Wisconsin
licensees to practice in other states and
vise versa. This legislation has passed
both houses of the Legislature but will
likely be vetoed by the governor based
on a procedural issue with Assembly
Democrats. A separate Senate bill with
no such procedural disagreement will
likely pass and signed by the governor.
(AB 733/SB 369)
Electronic Commerce - Legislation
adopting the Uniform Electronic
Transaction Act (UETA) has passed the
Assembly and is now pending in the
Senate. This legislation will facilitate
expanded electronic real estate transactions in Wisconsin. This legislation
will receive bipartisan support and is
supported by the governor.
(AB 755/SB 404)
Smart Growth - This legislation
refines the existing law to clarify the
consistency requirements between local
comprehensive land-use plans and state
guidelines. The changes should help
many smaller communities comply
with state land-use planning goals that
promote, among other things, housing
and economic development needs. The
bill has passed the Assembly and is
awaiting final Senate action.(AB 608)
Condominium Law - The first major
rewrite of laws governing the sales and
operations of condominium laws in
decades, this legislation was created by
a special committee last session but was
introduced too late for consideration.
The bill will receive a public hearing
in late February but it is uncertain that
enough time remains in the session to
pass both Houses. (AB 254)
Legislation Potentially Moving
Campaign Finance Reform - Legislation
to regulate issue ads and provide additional public financing to candidates for
state office, consistent with new federal
laws and the new U.S. Supreme Court
ruling. The WRA supports reforms but
only those that protect the constitutional
rights of REALTORS® to remain politically active and involved. (SB 12)
Tax Exemption for Nonprofit Housing - This legislation will restore tax
exemptions for low-income housing
provided by nonprofit organizations.
This exemption was jeopardized in a
recent state Supreme Court decision.
While the WRA supports non-profits tax
exemptions for such housing, the Court
decision has raised legitimate issues regarding competition between nonprofit
and for-profit housing for low-income
families which should be addressed in
future legislation.
...Agenda cont. on pg. 22
WISCONSIN REAL ESTATE MAGAZINE, March 2004
21
...Technology cont. from pg. 15
Contact Management - This is the must
have software for sales productivity.
These are the programs that enable you
to keep track of every detail regarding
your prospects, sphere of influence,
geographical farm and past clients.
Managing thousands of contacts is
amazingly simple. The ability to mass
mail personalized prospecting and
follow up letters is just the beginning
of their power. ACT!, Agent Office
and Top Producer are good choices for
effective contact managers.
Smart Phones - Now that most major
wireless carriers support at least one
Palm Operating System based Smart
Phone it’s time to take this technology
seriously. The benefits that come from
combining a cellular phone with a fully
functional Palm OS are endless. Having
access to every contact, appointment
and to-do list on the very same device
that you’ll use to contact and manage
this information is a perfect example of
what I call “efficiency through convergence.” Kyocera, Palm, Handspring
and Samsung all make excellent models
with a wide range of features.
Professional E-mail - Any technology
that enables salespeople to contact
more prospects, while providing better
follow up communication, is a valuable one indeed. The telephone, pager,
fax machine, voice mail and cellular
phone have all been examples of how
technology can improve productivity.
With professional e-mail software such
as Eudora Pro or Outlook, e-mail has
the potential to rival the function of all
of these devices combined. As e-mail
becomes more important to serving customers and clients, no business professional should rely on anything less than
the best available e-mail software.
A Personal Web Site - In short, web
pages provide an amazing return on
investment. For a fraction of the cost
of a quality classified ad, you can have
an effective web page on the Internet.
As long as you include your page’s
“address” in absolutely all of your
marketing materials, (so that the readers of all your marketing material know
how to find your web page) you really
cannot fail to receive value on this kind
of investment. You should not expect
to make a living solely off of Internet
leads, though some do. For the money,
you can easily generate far more business from this investment than from
any other form of advertising. However, it’s no longer sufficient to simply
have a “page” on someone else’s site.
You now need your own complete Web
site. You need one that’s professionally developed. And, you need to own
your domain name. Without these key
ingredients you will not truly benefit
from everything that Internet marketing
has to offer.
Digital Cameras - Few technologies
are as satisfying to use as the digital
camera. Not only does it save both time
and money, it also represents one of the
few technologies that can directly impress your customers and clients. When
you tour a prospective listing taking
digital photos, then import them into a
marketing flyer right before the seller’s
eyes, you’re building credibility in the
process. And, when you e-mail a photo
of your new listing to an out-of-town
buyer the same day the home comes to
market, they’re going to be impressed
with you and the service you have to
offer. Any digital camera will get the
job done, but you’ll find the best results
with those that offer wide-angle lenses.
In addition to instructing GRI programs
for a number of state associations,
Stephen Canale has spoken at hundreds of conventions and seminars in
45 states over the last several years;
covering a variety of subjects relating
to real estate, sales and technology. For
information on seminars, software or
Canale’s Tips & Tricks newsletter, visit:
www.canale.com.
Part 2 will be continued in the April edition of Wisconsin Real Estate Magazine.
...Agenda cont. from pg. 21
Mold Inspectors - Legislation to create a voluntary state
certification for mold inspectors. The regulations will be
difficult to construct given the lack of scientific specificity
on identifying dangerous mold on a case-by-case basis.
However, the need to provide consumer protection against
unqualified inspectors requires state action. (AB 660)
School Financing - The persistent macro-issue on school
financing is heating up again as the governor’s task force
on K-12 funding is finalizing proposals for Gov. Doyle’s
consideration. The WRA is actively participating in these
22
discussions with the goal of lowering property taxes while
providing the funding necessary to create world-class
neighborhood schools in Wisconsin.
While this list of issues is immediate, it is not exhaustive.
There are over 100 separate pieces of legislation currently
being monitored and lobbied by the WRA. For more
information on these and other issues, see the WRA Web
site (Public Affairs; Bills Tracker), and/or contact Michael
Theo [email protected], Joe Murray [email protected] or Tom
Larson [email protected].
WISCONSIN REAL ESTATE MAGAZINE, March 2004
Public Policy
New TIF Law to Provide Needed Boost to
Economic Development in Wisconsin
BY TOM LARSON
O
n Feb. 20, 2004, Governor Doyle signed
into law Senate Bill
305, tax incremental financing (“TIF”) legislation that
is designed to provide local
communities with the tools
necessary to attract new and
retain existing employers, jobs, and housing opportunities to Wisconsin. Touted as the most significant
changes to the TIF law since it was first enacted in the
1970’s, this legislation was authored by Senator Cathy
Stepp (R-21 Sturtevant) and Representative Mickey
Lehman (R-99 Hartford), and received strong bi-partisan support in passing both houses of the Legislature.
Most of the changes will go into effect on June 1, 2004,
while the effective date on the others will be delayed
until Oct. 1, 2004.
Background
TIF is an extremely important economic development tool
for local communities. In fact, it is one of the only tools
Wisconsin communities have to promote job growth and
attract new businesses to their communities. Without TIF,
local communities would have an even more difficult time
competing with communities in other states and countries
for economic development.
Unfortunately, the current TIF law is inadequate to meet
the challenges facing the state and local economies. With
the loss of over 90,000 manufacturing jobs in Wisconsin
over the last several years and more companies considering moves to China or Mexico, local communities need
more tools to continue to attract economic development
opportunities.
For additional information on the new changes to the TIF
law, contact Tom Larson ([email protected]) at
(608) 240-8254.
WISCONSIN REAL ESTATE MAGAZINE, March 2004
news.wra.org
T
o enable Wisconsin communities to compete
more effectively for economic development,
SB 305 makes a number of key changes to the
TIF law including:
• Increases municipal TIF capacity to 12 percent of equalized value. Many communities are currently unable to
approve new tax increment districts (“TIDs”) because they
have reached the five percent/seven percent maximum
capacity allowed under the old law. This provision applies
to new TIF districts created after Oct. 1, 2004.
• Allows newly-platted residential development to be TIF
eligible. Recognizing the cost and proximity of housing to
the workplace is often an important consideration for companies when deciding where to locate, a new type of TID is
created – “mixed use” – which authorizes up to 35 percent
of the project to be used for newly platted residential development. To qualify, the residential development must meet
certain density (3 units per acre) and design requirements.
• Extends the life of redevelopment TIDs to 27 years and the
life of industrial and new mixed-use TIDs to 20 years with
an option for a three-year extension. This provision applies
to TIDs created after Oct. 1, 2004.
• Repeals the seven year expenditure rule and allows
expenditures up to five years before the termination date of
the TID.
• Restricts annexations for the purpose of creating TIDs.
Land annexed after Jan. 1, 2004 cannot be including in a
TID unless one of the following occur: (1) at least three
years have elapsed since the annexation; (2) the city/village
has entered into a boundary agreement with the town; or
(3) the city/village agree to pay the town the equivalent
of the town’s portion of the property taxes on the annexed
parcels for five years. This provision applies to TIF districts
created after Oct. 1, 2004.
23
Public Policy
RPAC AWARDS
As we begin the process of raising money for the REALTORS® Political Action Committee (RPAC) and Direct Giver
Program in this important election year, we must first take a moment to look at the incredible results from the 2003
fundraising campaign and pat ourselves on the back for a job well done.
Through the hard work of local board RPAC chairs, local board staff, and WRA member contributors, we set a new
record in 2003, smashing the old record set in 2002. Combined RPAC and Direct Giver fundraising totaled $433,212 in
2003: $281,479 in RPAC and $151,733 in Direct Giver. Total fundraising in 2002 reached $375,000. Wow!
Now it’s time to announce the winners of the RPAC fundraising awards for 2003. With record setting fundraising the
last three years, it almost seems unfair to single boards out for awards when our collective effort has proved so successful. But we do have awards for most dollars raised, highest per capita contributions and highest percent participation in
all board sizes.
Most Dollars Raised:
X-Large Board
Large Board
Medium Board
Small Board
Greater Milwaukee Association of REALTORS®
Central Wisconsin Board of REALTORS®
Ozaukee REALTORS® Association
Dodge County Board of REALTORS®
Highest Per Capita Contribution:
X-Large Board
REALTORS® Association of South Central Wisconsin
Large Board
LaCrosse Area REALTORS® Association
Medium Board
Jefferson County Board of REALTORS®
Small Board
Dodge County Board of REALTORS®
Highest Percent Participation:
X-Large Board
Greater Milwaukee Association of REALTORS®
Large Board
Kenosha REALTORS® Association
Medium Board
Ozaukee REALTORS® Association
Small Board
Adams, Marquette, Waushara Board of REALTORS®
Congratulations to the 2003 winners. In a fantastic year all the way around, you were truly special. And thank you to all
local board RPAC chairs, committee members, and staff for making 2003 a huge success . Let’s do it again in 2004.
24
WISCONSIN REAL ESTATE MAGAZINE, March 2004
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