Insight Mar-Apr 09.qxp - North Carolina Association of REALTORS
Transcription
Insight Mar-Apr 09.qxp - North Carolina Association of REALTORS
MONEY MATTERS SOCIAL MEDIA THE FORMS GUY insight NC ASSOCIATION OF REALTORS ® Bright Ideas How to Make Your Listings Shine and Sell in Today’s Market MARCH/APRIL 2009, VOL. 88 NO. 2 www.ncrealtors.org PRESIDENT’S MESSAGE By Sandra O’Connor President, NC Association of REALTORS® Volume 88, Issue 2 NC Association of REALTORS® Inc. Chartered in 1921 Become Part of the Solution PRESIDENT Sandra O’Connor, Greensboro T hese days, chances are if you want a fact fast, you “Google” it. Finding information has become pretty easy. So, as I started to reflect on the relevance of politics to being a REALTOR®, I quickly found some thoughts in Wikipedia. Politics, it says, “ultimately comes from the Greek word ‘polis,’ meaning state or city. Politikos describes anything concerning the state or city affairs.” I guess that is where the phrase “all politics is local” springs from. As members of a powerful trade organization, we know that our business is local – and it is where our politics begin. We know that our strength comes from our members who are involved at the local level. It follows, then, that we commit to our communities. I congratulate REALTOR® members like Jonathan Barfield, who was elected a commissioner in New Hanover County. He campaigned with a focus on providing more workforce housing. Jonathan believes that people should be able to afford to live where they work. As an industry, we do the same thing. We keep informed about coastal storm water issues, steep slope legislation in the mountains, and water quality regulations that impact building codes and housing affordability. We are vigilant about property insurance and disproportionate rate increases. NAR’s leadership has been influential in working on the housing stimulation plan for economic recovery. We join to unlock the American economy by taking actions to restore consumer confidence in homeownership. Housing has always driven our economy and brought stability to it. We seek revitalization of our markets. Thus, we support our congressional representatives who are moving in that direction. We are non-partisan in our support. Instead, we can be identified as members of the REALTOR® Party. You actually can join this party by visiting www.realtoractioncenter.com. While at the site, you can inform yourself about economic issues that affect our industry, contact your legislators – and become part of the solution. At a time when we are finding ways to get where we want to go at minimal expense, this will cost nothing more than a few minutes out of your day. I urge you to reflect on our commitment to protect private property rights and promote affordable housing. We have the ability to speak with one loud voice about restoring economic stability through housing. TREASURER Tom Barton, New Bern IMMEDIATE PAST PRESIDENT Wendell Bullard, Durham REGIONAL VICE PRESIDENTS Ernie Wilkinson, Atlantic Beach, Region 1 George Laney, Wilmington, Region 2 Steve Cohen, Fayetteville, Region 3 Preston Edwards, Durham, Region 4 John Newman, Jr., Greensboro, Region 5 Paul McGill, Winston-Salem, Region 6 Sheila Rudisill, Lincolnton, Region 7 John Byers, Charlotte, Region 8 Aric Beals, Charlotte, Region 8 Kirk Booth, Asheville, Region 9 Donna Parker, Cary, Region 10 Elizabeth Allardice, Raleigh, Region 10 EXECUTIVE VICE PRESIDENT Tim Kent EDITOR Kevin Brafford ASSISTANT EDITOR Barbara West ADVERTISING MANAGER Kristin Miller BUSINESS OFFICE NC Association of REALTORS® Inc. 4511 Weybridge Lane Greensboro, NC 27407 Phone: (336) 294-1415 Toll Free: (800) 443-9956 Fax: (336) 299-7872 Insight (USPS 017602) is published bi-monthly by the NCAR Management Corp., 4511 Weybridge Lane, Greensboro, NC 27407. Member subscriptions of $2.89 are covered by annual membership dues. Periodicals postage rates paid at Greensboro, NC. Sincerely, POSTMASTER: Send address changes to Insight; 4511 Weybridge Lane, Greensboro, NC 27407. Sandra L. O’Connor Advertising of a product or service does not imply endorsement, unless specifically stated. Contact Us: NC REALTORS® staff can be reached Monday through Friday during regular business hours of 8:30 a.m. to 5 p.m. at 800-443-9956 or via email using the person’s first initial and last [email protected]. (For example, Tim Kent’s email address is [email protected].) Our fax number is 336-299-7872. Administrative Tim Kent Executive Vice President Anne Shoemaker Chief Operating Officer Bryan Jenkins Chief Financial Officer Samantha Ashburn Website Coordinator Rebecca Sweeney Governmental Affairs Assistant Amanda Lowe Accounting Assistant Barbara West Communications Specialist Phyllis Lycan Accountant Legislative Rick Zechini Director of Government Affairs Marketing and Business Development Katie Sopcik Director of Marketing and Business Development Legal Will Martin General Counsel Kristin Miller Marketing Specialist Monica Huckaby Legal Assistant Professional Development Chris Rhodes Director of Professional Development Events Mandy Lowe Events Director Loretta Moody Receptionist Diane Greene Director of Community Outreach Pam Haire Director of Leadership Development Communications Kevin Brafford Director of Communications Julie Woodson Director of Public Affairs INSIGHT Jennifer Robson Professional Development Assistant Sherry Harris Administrative Assistant Donna Peterson Executive Assistant to the EVP Denise Daly Membership Records Coordinator/Bookkeeper 2 PRESIDENT-ELECT Mary Edna Williams, Raleigh March/April 2009 Cady Thomas Director of Regulatory Affairs David McGowan Political Specialist Mary Catherine Green RPAC Manager Ellie Edwards Professional Development Assistant Director Keri Epps Meeting Planner For all the latest news and business tools, check out www.ncrealtors.org. Standard Contract Forms Download forms software directly from our website. Free Web Page Use this free marketing tool to connect with your customers online. Online CE Complete elective continuing education requirements at your convenience using RECampus. Discounts on Insurance and More Great discounts on the products and services you use every day from NCAR’s REALTOR® Partners. Insight March/April 2009 IN EVERY ISSUE 2 President’s Message 6 Editor’s Desk 6 By the Numbers 7 Events Calendar 8 Five Minutes With ... 12 Inside NC REALTORS® 34 End Notes 36 Closing Thoughts Cover Story REALTORS® around the country – including in North Carolina – are successfully unearthing tactics for selling in a challenging real estate market. Features 10 Gate City Gala The installation of 2009 President Sandra O’Connor made for a memorable midwinter’s night in Greensboro. Through photographs, we remember a very special occasion. 28 Staying True to Form(s) Mandatory changes to MLS rules, plus additional clarification regarding compensation disclosure, prompts new forms that require your attention. Departments 16 22 24 25 26 32 4 INSIGHT March/April 2009 18 Government Affairs Social Media The Forms Guy Money Matters Housing Opportunity REALTOR® Benefits EDITOR’S DESK By Kevin Brafford Editor ‘For the Record’ Cuts to the Facts G uess what? We’re in a recession. That doesn’t surprise you, I know, but apparently some folks – even a few so-called experts – are reluctant to use the “r” word. For fear of what, I ask? That it will only make things worse? Please. I learned a long time ago that it’s best – at least best for me – to face adverse situations head on. Analyze the circumstances appropriately and then respond in a way that provides the best chance for positive results. Yes, I realize that ours isn’t a onesize-fits-all world, but as I’ve watched those around me in nearly three decades of adulthood, this approach has worked more than it’s not. I’m reminded of this as we continue to hear mostly gloom and doom with regard to the economy and the real estate market. No doubt you’ve heard this expression: “Don’t believe half of what you read.” Truth is, people do believe most of what they read, particularly if the news is bad. The numbers tell the story. 23 Percentage of consumers who have mistakes on their credit report serious enough to hurt their chances of obtaining a loan. 26 Percentage of Baby Boomers planning to eventually move from their current home. 70 Percentage of homebuyers who would choose a “green” home over a conventional one during a down market. 83 Percentage of customers who say they would use their REALTOR® again. 181,000 The number of new residents who moved to North Carolina from June 2007 to June 2008. 2.2 million The number of additional households that would meet the income requirements for purchasing a home if all homebuyers became eligible for a tax credit without a repayment feature. 6 INSIGHT March/April 2009 We want to alleviate the bad news, particularly if the news isn’t that bad to begin with. Earlier this month, the NC Association of REALTORS® published its second issue of “For the Record.” It’s a quick, easy-to-read one-page PDF that’s accessible on our website (www.ncrealtors.org) under the “Latest News” section. This is our attempt to face an adverse situation head on. “For the Record” dispels the myths and displays the truths regarding the real estate industry in North Carolina in the statistical areas of the economy, foreclosures and homeownership. Every other month, we’ll provide the facts – and only the facts – for you to share with clients and would-be clients. We promise not to step around the facts, and we promise to be honest in our reporting. Lastly, you can believe all of what you read, and chances are, the news won’t all be bad. EVENTS CALENDAR Key Dates in the Coming Months March 20-24 Colorado Springs, Colo. NAR AE Institute April 20-22 NC April 22 Legislative Day Raleigh April 27-30 GRI 100 Kitty Hawk May 11-16 NAR Midyear Meetings Washington, D.C. July 19-22 Regional AE Conference Pinehurst August 10-13 GRI 300 Asheville August 24-25 NAR Leadership Summit Chicago September 14-17 GRI 200 Wilmington REALTORS® Legislative Meetings Raleigh September 27-30 2009 NC October 8-9 CRS 200 Greensboro October 12-15 GRI 100 Greensboro November 11-16 2009 NAR Conference & Expo San Diego November 16-19 GRI 200 Charlotte December 3-4 CRS 205 Greensboro REALTORS® Convention & Expo Savannah, Ga. March/April 2009 INSIGHT 7 FIVE MINUTES WITH ... Name: Julie Poplin Location: Winston-Salem Firm: Allen Tate, REALTORS® Local Association: Winston-Salem Regional Association of REALTORS® I was named after my great aunt Julie, who lived to be 100 years old. She was an incredibly hard worker. At 98, she was still hoeing her garden! She lived every day like it was her last. What a great example that was for me growing up. I think we all need to be reminded to live each day to the fullest, as if it might be the last. orchards and the packing house in the summers. My first real job was putting cardboard boxes together that held all the peaches. Even today when I smell peaches, I think about that summer working in the pack house. It was hard work, but fun because you were working, and because I loved being able to get my fill of peaches. I was raised on an island with one other family in the middle of the Pee Dee River. We were the only kids there and our family lived in what was once a boarding house for CP&L (Carolina Power & Light) workers. We constantly had the sound of water flowing over the dam and we would spend most days fishing and swimming. My childhood was an adventure. We had our first grandchild in 2008. She’s a year old and is such a joy. I love being a grandmother, and I spoil her every chance I get. Knowing that they are not with you all day, every day, you try to cram as much as you can into the time you have together. I refused to be quiet and act like a lady when I was younger, because I had to keep up with my three older brothers. I heard so much growing up … “Shhh, be quiet. Act like a lady!” I was definitely a tomboy. Anything my brothers did, I wanted to do too, especially hunting, fishing and building tree houses. I wasn’t allowed to shoot anything, but I usually tagged along. right Julie and Loye biMgcGhaillircut before th During the 1960s, soldiers from Fort Bragg would come in and camp out on the island just below our house. They would bring all their guns and ammunition and sea rations. It was really exciting when they would come and share their stories. My dad knew the ins and outs of the river, so they would take him on secret missions at night to practice blowing up bridges and the dam. Playing “army” took on a whole new meaning for my brothers and me. My brothers and I – all four of us – worked in the peach 8 INSIGHT March/April 2009 My hair was probably about 15 inches long when I donated it to Locks of Love (an organization that donates hair to children with long-term illnesses). My hair had always been so short, even in high school. Lici Fansler, the 2007 president of the Winston-Salem Regional Association of REALTORS®, went through the whole process and cut her hair for the same cause. I thought that it was such a great idea! It took my hair about two years to get long enough to donate. When we were working on our RPAC auctions, we were trying to find different things to donate. I thought, well I’m growing my hair out, so I threw out the idea of someone bidding on it. We decided to add the cut to the list of the WSRAR RPAC Silent Auction items in May of 2008. The options were either to cut my hair at the auction or let it grow until the end of my year as president. We decided to wait until this past December and Loy McGill (wife of Paul McGill, Region 6 VP) got the winning bid and cut the first ponytail During the haircut, I wasn’t nervous because I knew it was going to be such a relief to get rid of all that hair. The funny thing is, my husband started letting his hair grow when I did. He really enjoyed it, so now his hair is longer than mine! I’ve met so many generous people during the process that have donated their hair. I think that’s primarily because they’ve known someone that has been through chemo. It’s a very personal thing and it’s encouraging to hear others’ experiences. Gate City Gala M ore than 300 members and guests of the NC Association of REALTORS® filled The Empire Room in downtown Greensboro on Jan. 22 for the Inaugural Gala. We remember the night in pictures. (Above) The evening got under way with a reception, where both smiles and drinks were aplenty. (Left) With Master of Ceremonies Ronnie Thompson looking on, Betty Smith offered greetings from the Greensboro Regional REALTOR® Association. (Bottom left) Outgoing President Wendell Bullard received a standing ovation in recognition of his leadership efforts in 2008. Photography by Diana Matthews (Above) Pat Riley, president and COO of The Allen Tate Company, shared a light moment with Sandra O’Connor prior to installing the 2009 NC REALTORS® president. (Right) Sandra O’Connor is pinned by her partner, Dawn Chaney of Greensboro. (Bottom right) Wendell Bullard closed the festivities by surprising Durham AE Shelia Willis with a special president’s award. INSIDE NC REALTORS® NAR Survey Gauges Members’ Views T he National Association of REALTORS® recently conducted a survey to gauge the views of members across the nation on the importance of selected federal policy issues. Each respondent was asked to rate the importance of 38 federal policy issues from 1 (highest importance) to 5 (lowest importance). Of note, the survey did not ask respondents to rate NAR’s position on the issues. At least 75 percent of the 2,922 survey respondents rated these policy issues as highly important (with the percentage of importance in parentheses): In both the 2008 and 2009 surveys, six of the top 10 issues are the same: > > > > > > Capital gains exclusion on principal residence Mortgage interest deduction Banks in real estate Small business health coverage Real estate transfer taxes Mortgage market credit crunch support “This survey, along with input we receive from the Legislative/Regulatory Policy Meeting in February, are NAR’s marching orders from the membership and help set the direction for our work in Congress over the next year,” says Ken Wingert, NAR legislative representative for North Carolina, South Carolina, Virginia and West Virginia. To read more about the survey, visit www.realtor.org. 1. Capital gains exclusion on principal residence (96 percent) 2. Mortgage interest deduction (95 percent) 3. Mortgage market credit crunch support (90 percent) 4. Banks in real estate (88 percent) 5. Mortgage servicer regulation (87 percent) 6. Small business health coverage (86 percent) 7. Government-sponsored enterprises reform (85 percent) 8. Real estate transfer taxes (82 percent) 9. Veterans housing (81 percent) 10. Estate tax (81 percent) REALTOR® Receives Order of Long Leaf Pine J ack Goldstein of Goldstein’s Second Wind Realty in Salter Path has received the Order of the Long Leaf Pine, North Carolina’s highest civilian honor. The award, created in 1965 to recognize N.C. citizens with a proven record of service, was presented to Goldstein by Sen. Jean Preston (R-Carteret), during an event hosted by the County Tourism Development Authority. “It’s quite a thrill to receive this award. I’ve seen many people receive the Order of the Long Leaf Pine, and it’s really quite an honor,” Goldstein said. Among his accomplishments, Goldstein received the NC REALTOR® Hall of Fame Award in 1996, the same year he received the REALTOR® of the Year award from the Carteret County Association of REALTORS®. Goldstein has long been a leading proponent of the county’s tourism industry and has served on many boards, including the N.C. Travel Industry Association and the County Tourism Development Bureau. The County Hospitality Association annually presents the Jack Goldstein Award in his honor for dedicated service to the promotion of tourism in Carteret County. Jack Goldstein receiving the Order of the Long Leaf Pine, North Carolina’s highest civilian honor. Jannette Pippin/The Daily News. 12 INSIGHT March/April 2009 Gov. Perdue Authorizes Tax Credit Program G ov. Bev Perdue recently signed into action an authorization that will provide new financial assistance to first-time homebuyers. The authorization enables the N.C. Housing Finance Agency to expand its Mortgage Certificate Credit (MCC) program, allowing eligible homebuyers to reduce their federal tax liability by 20 percent of the mortgage interest paid annually. The program could ultimately save North Carolina homebuyers more than $30 million. For buyers who qualify, the MCC could prove to be even more beneficial than the homebuyer tax credit in the Housing and Economic Recovery Act (HERA) of 2008. The HERA tax credit has a maximum benefit of $7,500 that can be claimed in the first year of the mortgage, but the homebuyer must pay $500 per year for 15 years. While the HERA tax credit expires this year, the benefit of the MCC continues throughout the life of the loan. Even if the homebuyer refinances, the 20 percent MCC tax credit may be reissued with the new mortgage. Cady Thomas (left), NC REALTORS®’ director of regulatory affairs, joined Gov. Perdue in announcing authorization of the expanded Mortgage Certificate Credit program. The MCC can be used in conjunction with most mortgages, and borrowers can apply through the Agency’s more than 700 participating lenders and their branches. For help in finding a lender, go to www.nchfa.com. 2009 Election Dates Set For Sept. 27-29 T o better serve our members, the NC REALTORS®’ 2009 election will be conducted in advance of the Annual Convention & Expo. Dates for the election will be Sept. 14-17, well before the 2009 convention, which is set for Savannah, Ga., on Sept. 27-29. Electronic voting, now entering its fourth year, has increased voter participation, but with it has come new challenges, according to Pam Haire, the association’s director of leadership development. “The need for support during the election is clear,” says Haire. “We can better maintain the high standards of member service for which we strive by holding the election prior to our gathering in Savannah.” Haire adds that the NCAR Bylaws and Policy Manual were modified accordingly. As always, members needing assistance with voting during regular business hours can call 800-443-9956. Also of note: The electronic method of voting is the only means by which those eligible may vote. Election results will be announced in Savannah and posted on our website (www.ncrealtors.org). High Point Association Impacts Community S ales may have been down, but members of the High Point Regional Association of REALTORS® were especially busy in 2008 – serving their community. Ed Terry, the association’s top executive, estimates that more than 17,000 members of greater High Point were impacted by HPRAR’s charitable activities. “Our members continue to step up to the plate and be community leaders,” says Terry. “This is great evidence of how much our members care.” Their efforts during the course of 2008 included three blood drives, an equal number of food drives, treating children to a local baseball game, and collecting more than 1,000 toys and a matching number of dollars in the Ward Street Toy Drive, a highly successful annual fund-raiser. Insight magazine is interested in publishing, as space is available in each issue, details and photos of your association’s charitable endeavors throughout the year. To share your association’s efforts to help others, contact Barbara West at 800-443-9956 or [email protected]. March/April 2009 INSIGHT 13 INSIDE NC REALTORS® Recognize Anyone? NC REALTORS® President-Elect Mary Edna Williams (right) stands with Louise Volker during the Wilmington Inaugural in mid-January. Volker is a WRAR director. Who’s that with the belle of the ball? It’s Tom Barton, NC REALTORS®’ treasurer, who was among our members attending Gov. Beverly Perdue’s inaugural celebration in Raleigh on Jan. 10. NAR Kicks Off New Initiative to Aid Members T he National Association of REALTORS® has announced a new initiative entitled “Right Tools. Right Now.” which is aimed at assisting REALTOR® members across the nation during this economic decline. Among the most significant efforts, NAR will: > Convert 34 “for sale” educational publications to online PDFs and offer them to members at no charge; > Provide seven online educational courses at cost and a number of networking opportunities to members at no charge; > Convert 12 current and historical research tools to online PDFs and offer them to members at no charge; > Provide all MLS’s a subscription to the very popular “MLS Economic and Market Watch Reports” at a 50 percent discount; 14 INSIGHT March/April 2009 > Offer eight courses, tools and other aids to members at a significant discount; > Offer a marketing “concierge” to work with state and local associations. When announcing the new initiative in mid-February, Dale Stinton, NAR’s executive vice president and chief executive officer, said there will be a paradigm shift at the national association from a focus on profit to a focus on larger numbers of members helped by the programs, publications and services offered. More specific information about the new initiative is included on a new NAR website link (www.REALTOR.org/-RightTools), which debuted in late February. GOVERNMENT AFFAIRS By Julie C. Woodson Director of Public Affairs Outlining Our Legislative Efforts During 2009 O ur state and national economies are struggling, and many economists believe that ultimately it’s the real estate industry that will lead the country out of the current economic quagmire. “But the industry needs assistance to lead the way,” says Sheila Pierce, chair of the Legislative Committee for the NC Association of REALTORS®. “That’s what our government affairs efforts are focused on in 2009. This will improve the lives of our members and improve the lives of all North Carolinians. This will result in economic vitality as well as intangible societal benefits.” To accomplish these goals, the REALTORS® lobbying team will look to the core ideals of promoting homeownership, making housing more affordable and protecting the rights of property owners. Homeownership and Housing Affordability To promote homeownership and housing affordability, there are several issues of focus for NC REALTORS® during this legislative session, which convened Jan. 28 in Raleigh: > Repeal of the transfer tax option. The transfer tax is fundamentally unfair because it singles out one group of people – those selling their property – to pay for county programs and services that benefit everyone. Recent statewide polling shows that 83 percent of the public opposes the tax. > Tax on professional services. The state will likely consider all options to address the budget shortfall, including a tax on professional services. REALTORS® will continue to fight any proposed legislation regarding this tax, as it would adversely affect REALTORS® and increase the cost of housing. > Housing Trust Fund. REALTORS® will continue to push for additional money for the Housing Trust Fund, which is North Carolina’s only state-funded and statedesigned resource for affordable housing. In addition to providing homeownership opportunities for lowincome families, the Trust Fund also finances support- 16 INSIGHT March/April 2009 ive housing for homeless families, victims of domestic violence and people with mental illness. > Coastal Homeowners Insurance. A special study committee formed to research how major hurricanes could impact the cost and availability of property insurance for North Carolina residents has submitted its recommendations to the General Assembly. Recent changes in rates, surcharges and deductibles may also be re-evaluated. The NC REALTORS®’ government affairs staff will actively monitor the General Assembly’s efforts. > Federal Stimulus Funds. NC REALTORS® will work to have a seat at the table when decisions are made at the state level regarding the use of federal stimulus dollars that directly or indirectly address housing issues. Property Owners’ Rights Well-intended regulatory efforts also threaten affordability and negatively impact property owners’ rights. “We can and must protect our environment and natural resources while promoting economic development and homeownership,” Pierce says. Following are some issues that the government affairs team is monitoring and addressing: > Coastal Property Disclosure. The NC Association of REALTORS® and affected local associations near or along the coast will continue to fight legislation that requires these additional disclosures. The contemplated requirements are onerous and would not benefit potential buyers. > Mountain Development and Disclosure Regulation. Legislation introduced in 2007 would have forced local governments to more stringently regulate development in the mountain counties. The legislation would also have escalated building costs significantly in western North Carolina and stifled economic development. Further, the additional property disclosure requirements are unworkable since the western part of the state hasn’t been fully mapped and terminology used in the legislation was not used in the mapping process. This issue will be closely monitored during the 2009 session. > Jordan Lake Development Rules. A state agency has adopted rules in an effort to protect the water quality of Jordan Lake, which is a drinking water source for the Triangle area and is also a popular recreational site. The concern over these rules is the extremely high implementation costs of the new regulations and the fact that they will require environmental retrofits of existing development. Implementation of the rules has been delayed pending their review by the General Assembly during this legislative session. “This is going to be a tough legislative session because of the economy and huge state budget deficit,” says Rick Zechini, NC REALTORS®’ director of government affairs. “Promoting the American Dream of homeownership in North Carolina is the right thing to do for our economy and for our members, and that will continue to be our pledge.” The North Carolina Association of REALTORS® Would Like to Thank Our Sponsors... Diamond Gold Platinum Silver 2-10 Home Buyers Warranty American Home Shield Courthouse Retrieval System The Real Estate Book Rapattoni RBC Centura Rentals.com ZipForm March/April 2009 INSIGHT 17 Creative SELLING STRATEGIES REALTORS® Around the Country – Including North Carolina – Are Discovering Tactics for Selling in a Challenging Market By Bridget McCrea he current real estate market can be especially tricky for real estate agents looking to see their deals through to closing. Tighter lending standards and the financial crisis have made the financing aspect of the deals more difficult. Buyers who have a plethora of housing inventory can create fickle clients who know that they can get what they want, and for the price that they want to pay. T Put simply, buyers these days are asking for everything, knowing that if one seller doesn’t cave in, another one probably will. This type of buyer’s market puts extreme pressure on agents, whose sellers are often offended by this self-assured attitude. “Buyers are saying, ‘If I’m going to buy in this market, then I’d better get a perfect house,’” says Dave Muti, senior mortgage planner with Millennium Home Mortgage, LLC, in Parsippany and author of Mortgages: What You Need to Know (Pocket Guide Press, 2008). To help smooth things over between the parties, many REALTORS® are working with sellers to help them understand that they’ll probably have to give a little more than they’re comfortable giving. Agents are also working a little magic of their own and testing out both new and tried-and-true strategies to sell homes. Here are a few tactics that you might want to add to your own arsenal: Suggest a Home Warranty In the real estate industry since 1952, Jordan Baris, chair of West Orange, N.J.-based Jordan Baris, Inc., has seen more than his fair share of last-minute issues with home sales. One way Baris helps his team keep deals knitted together is by encouraging all sellers to take out home warranties (with $100 deductibles) on their properties. “This not only covers the seller if anything happens to the property while it is on the market,” says Baris, “but it also eliminates the hassle of trying to figure out who is responsible – buyer or seller – for repairs to electrical systems, appliances and even the garage door opener.” Pre-sale inspections help identify potential problems with a home’s major systems before the properties are listed in the MLS. Beware the seller who hesitates to go through the process earlier than expected, as he or she might have something to hide. “If you can find out ahead of time if there’s a problem,” says Joeann Fossland, CEO at Advantage Solutions Group in Cortaro, Ariz., “you’ll have a much better idea of how to price the home, get the necessary repairs done, or pass on the listing altogether.” Get Tougher on Price Time was that an agent could pretty much price a home at the seller’s whim, and then wait for the market to decide whether it was too high, too low, or just right. No more, says Walter S. Sanford, president at Sanford Systems and Strategies in Kankakee, Ill. “It’s all about price right now,” says Sanford, who cautions that non-price-related strategies – such as home staging – tend to raise an agent’s overhead. “Who should take the hit in profitability, the seller or the agent?” Before listing a home, Sanford advises agents to interview a seller until they reveal their “core motivation” for selling. From there, build a picture of how satisfying that motivation will look and feel, he adds, and then let them know that the granddaddy of all motivators – price – will make that happen. Maximize the Foreclosure Market With foreclosures on the rise nationwide, many agents are learning their role in such transactions and working to facilitate the deals among banks, buyers and sellers. Donna Lasater has taken her foreclosure business a step further by purchasing a 14-person luxury mini-bus (outfitted with velour seating, air conditioning and a wheelchair lift) from which she conducts weekly tours of foreclosed properties in Dallas’ suburban communities. “We’re experiencing a unique time in real estate with a surplus of for-sale homes greater than the industry has seen in a long time,” says Lasater, a 28-year real estate veteran with Coldwell Banker Residential Brokerage Dallas/Fort Worth. “The national foreclosure situation has created negative circumstances for almost every part of the real estate industry. Putting potential buyers in person at these properties is an efficient way to rapidly reduce existing inventory.” In July, Lasater launched the first foreclosure tour, attracting 13 prospective buyers. The tour produced one offer on the day of the event, she says, and also generated numerous phone calls and emails (thanks to the bus’s advertising Be Brutally Honest If the mailbox needs to be replaced, don’t be afraid to let the sellers know. If the grout in the kitchen is filthy and in need of a good steamcleaning, tell the owners about it. And if the carpeting in the living room is stained beyond recognition, by all means inform them of the negative impact that a bad “first look” can have on a home’s ability to sell. “In this market, you have to be very honest with sellers about what it will take to sell their homes,” says Patrice Willetts, broker with Patrice Willetts, REALTOR®, in Wilmington. “First and foremost, remind them that they will never get a second chance to make a first impression.” In sticking with her “honest” approach, Willetts will often tell owners that 20 INSIGHT March/April 2009 wrap, which features her picture, name and Web address). Today – with foreclosures comprising about 20 percent of the listings on her local MLS – Lasater runs expeditions every Saturday, rotating among the communities of Cedar Hill, DeSoto, Duncanville, Midlothian, Red Oak, Grand Prairie, Lancaster and Mansfield. Lasater promotes the weekly tours on a dedicated website (www.DonnasForeclosureBustour.com), where prospective buyers can arrange a personal consultation and find a schedule of tour times. She says her efforts have been fruitful, and have helped buoy sales in these trying times. “We’ve sold houses off of every tour,” says Lasater. their front doors need to be washed or their lawns mowed. And when all else fails, Willetts puts aside her own financial interests and simply tells her sellers to take their homes off the market. Last year, in fact, she took three listings off the market because the sellers were in no rush to unload their homes for the lowest possible price. “I told them to wait it out a bit longer,” says Willetts, “to see what happens with the market.” Reverse the Offer The age-old system of posting a home for sale on the MLS and sitting back to wait for appropriate offers to come in is a thing of the past for Grace Safrin, a broker-associate with F.C. Tucker/Advantage Realty in Valparaiso, Ind., who in early 2008 stumbled on another REALTOR®’s online blog posting about reverse offers and has since used the strategy to close three deals. With reverse offers, a listing agent has a showing on one of her listings. If the potential buyer requests a second showing – thus indicating enough interest for the listing agent to collect feedback from the buyer’s agent – then the former discusses that feedback with the seller, who in turn writes up a “reverse offer.” According to Safrin, that offer addresses any buyer concerns (such as the condition of the home’s carpet, which would be factored into the reverse offer in the form of an allowance) and is based on what the seller assumes the buyer is willing to pay for the property. Primarily a listing agent, Safrin says reverse offers not only help stimulate sales during a time when buyers have an abundance of inventory to choose from, but they also serve as leverage in getting listings sold. Recently, for example, she wrote up a reverse offer on a home, only to have another buyer show interest by requesting a second showing. “We told the agent that we had another offer on the table, but we didn’t mention that it was a reverse offer,” says Safrin. “The second buyer made an offer before we even got a response back on the reverse offer.” And while Safrin’s sellers are typically open to the idea of putting their offers on the table first, cooperating brokers aren’t always so willing to test this non-traditional method of transacting real estate. “I’ve dealt with agents who just couldn’t grasp the concept, and who even get offended at the idea,” says Safrin, who has to put time into the agent-education aspect of reverse offers to sell agents on the concept, and relies on her past successes to get the point across. “I let the agents know that it works 50 percent of the time. To me, 50 percent is better than nothing.” The age-old system of posting a home for sale on the MLS and sitting back to wait for appropriate offers to come in is a thing of the past for Grace Safrin, a broker-associate with F.C. Tucker/Advantage Realty in Valparaiso, Ind., who in early 2008 stumbled on another REALTOR®’s online blog posting about reverse offers and has since used the strategy to close three deals. Charlotte, Knudsen and the participating agents (the program is voluntary) sit down for an hour a week to discuss books such as Blink: The Power of Thinking Without Thinking. They then apply their newfound knowledge in the real estate field. “We have several book clubs under way right now, with the goal of sharing new, motivational sales strategies,” says Knudsen, “and stoking discussion among agents in a way that keeps them focused in a market where it’s easy to drop out.” The book club also keeps agents coming into the office during a time when the phones have slowed considerably. Individual agents recommend the books, which are ultimately chosen by the firm’s management team. Knudsen says participation is “very good” among agents, many of whom come away with new motivations and selling skills as a result of the interactions. “We discuss how to get buyers off the fence in the decision-making process, and how to get sellers to understand the need for correct pricing in today’s market,” says Knudsen. “So far, several of our agents have tried, and had success with, taking those tactics out into the field.” Start a Book Club Realizing that her 65 agents have a little more time on their hands these days – and a hunger for new selling strategies that will help them gain an edge in the challenging marketplace – Laurie Knudsen started a book club in her office in December. As broker-in-charge of Helen Adams Realty in March/April 2009 INSIGHT 21 SOCIAL MEDIA By Barbara West Assistant Editor Blogging 101: A New Communications Skills Set W elcome to blogging, a social networking tool so full of possibilities and creativity that you’ll wonder why you weren’t blogging years ago. Right before our eyes, blogs have moved from an online personal journal to a social networking phenomenon that is currently at the forefront of marketing agendas worldwide. Today, with the housing downturn commanding a more modest approach to spending, it’s no surprise that blogs – a free and easy-to-use platform – have become quite popular in both the real estate community and beyond. First Off, Relax Even the most proficient bloggers will admit they were nervous and anxious to see results when first starting out. What those bloggers will tell you today is that it takes time before people begin to follow you – simply, that results don’t come instantly. Debe Maxwell, a REALTOR® with Helen Adams Realty in Charlotte, has been blogging for more than a year now and presently maintains one of the top five blogs on ActiveRain (according to ActiveRain), though that distinction didn’t come quickly. “Two months passed before I had a consumer look at my blog. It was the longest two months,” says Maxwell. “I had been reading that you would get business right away, but it’s simply not true. You have to be patient.” Chad Huck, a REALTOR® and blogging instructor with Century 21 Hecht in Lake Norman, advises his agents to give a blog at least six months before making judgments. “You have to blog consistently for a couple of months before you can really judge whether your blog is successful or not,” says Huck. 22 INSIGHT March/April 2009 Take it from the pros, friends. Just relax and dub this a time to learn and absorb. Once people do start tracking your blog, you’ll transform into a confident blogger. Let Your Personality Shine If you let people know who you really are, they’re more apt to remember you. Stan Suther, a REALTOR® in Lake Norman, echoes that sentiment. “As people begin to get to know you and trust you, they’ll start to ask for your business. You have to think of it as a longterm business deal.” Maxwell also has discovered that personal touches are what attract people in the first place. “Of all the people that I have connected with through my blog, all of them sought me out because of my personal comments,” says Maxwell. “That really blew me away. It’s not about my knowledge in real estate; people just want someone they can associate with.” Make it ‘Stick’ “Stickiness” might arguably be the most important element to a blog. Stickiness is what keeps people coming back for more. Stickiness happens by posting appealing, amusing, or maybe even controversial posts on a consistent basis. “Don’t be afraid to be controversial,” says Huck. “It will make people respond to you, and even though people may not agree with you, you will be on their mind when they’re considering buying or selling a home.” Stephen Huneycutt, a REALTOR® with Elite Properties Land Acquisition & Development in Charlotte, created a blog with the intention of meeting one new person a day for 365 days at a particular Starbucks. Each day he posts his newest friend’s picture and an interview to his blog, thus giving people an incentive to keep coming back for more. “It’s the best endeavor I’ve ever pursued,” says Huneycutt. “I’ve gotten quite a bit of listings out of it. I think it’s been successful because I’ve kept it fresh and interesting.” people,” says Maxwell. “The more comfortable you get with blogging, the easier it becomes to think of items to post.” Commit to the Process The “stickiness” factor brings us to a vital point when it comes to blogging. How often should you update your blog? Most experts say to blog at least once a week. Leaving your blog for weeks on end without a new entry will decrease your number of followers exponentially. “Blogs are great because they are constantly full of fresh content,” says Fran Park, a REALTOR® with Century 21 Hecht. “For me, my blog has really exceeded my own website’s success because of the ability to interact. My website seems so static now.” Maxwell posts a new entry to her blog once a day and has found it keeps her blog at the top of the search engines. “Even if it’s just a quick sentence about a community happening, it helps to keep your blog in front of Get Started Today When you just begin to blog, there’s no need to spend a great deal of money. REALTORS® can readily access free blogs through ActiveRain, Blogger or MySpace – just to name a few. One last piece of advice: Don’t be afraid to ask for help. By commenting on others’ blogs, you can begin a dialogue so that you can ask questions and seek out advice and suggestions from other bloggers. The blogging community is ready to help you, so go out there and blog! (Check Out the NC Association of REALTORS® blog, NC REALTORS® Talk, at www.ncrealtors1.blogspot.com!) 2009 NC REALTORS® Professional Standards Programs Earn CE credit and satisfy your NAR Quadrennial Code of Ethics requirement in one day. Bruce Aydt, Attorney and past chair of the NAR Professional Standards Committee Diane Disbrow, Broker/Owner of BayShore Agency and Past Chair of the NAR Professional Standards Committee Join Bruce Aydt or Diane Disbrow, nationally-recognized real estate educators, in a day-long seminar covering the Code of Ethics and processes to enforce the Code. As past chairs of the NAR Professional Standards Committee, Bruce and Diane understand professional standards processes and the Code of Ethics. Whether you are a member of the Grievance Committee, Professional Standards Committee or Board of Directors, this seminar will provide you with up-to-date topical information on how each part of the Code enforcement process works. Topics will include: Due process Grievance committee reviews Hearing processes Arbitration processes Procuring cause Registration for all classes begins at 8:30 a.m. Workshop hours are 9:00 a.m. until 5:00 p.m. >> March 9, 2009 (Bruce Aydt) University of NC at Wilmington – Executive Development Center Wilmington, NC >> March 10, 2009 (Bruce Aydt) Durham Reg. Assn. of REALTORS® Durham, NC >> April 7, 2009 (Diane Disbrow) Crowne Plaza Resort Asheville, NC >> April 8, 2009 (Diane Disbrow) NC Assn. of REALTORS® Greensboro, NC This program is approved for Continuing Education as a 4-hour elective and also satisfies your NAR Quadrennial Code of Ethics requirement. For a registration form, go to www.ncrealtors.org and click on Education & Events, or call 1-800-443-9956. March/April 2009 INSIGHT 23 THE FORMS GUY By Will Martin General Counsel Compensation Disclosure: Follow it Fully Dear Forms Guy: I’ve come up with a clever idea about how to comply with the N.C. Real Estate Commission’s new compensation disclosure rule. When I fill out a buyer agency agreement, I just put a really big number in the “fee” blank. I explain to my client that the chances of me getting a fee like that are really slim, and the reason I put in such a big number is because of a legal technicality. The client doesn’t care because they initial the line where it says they don’t have to pay me any difference between what I actually get and what’s in the blank. That way, if I happen to be offered a big fee or a bonus, I’m covered. No fooling around with extra disclosures and paperwork! Just thought I’d pass this along as a helpful tip. No need to respond with any thank-you note. Sincerely, Smarty Jones Dear Smarty: First of all, thank you for sharing. Second, your idea, although clever, isn’t legal. The compensation disclosure rule that went into effect last Oct. 1 requires a real estate licensee to fully and timely disclose to the licensee’s client the expected receipt of any compensation, incentive, bonus, rebate, or other consideration of more than nominal value from another party or person. According to the rule, “full” disclosure includes a description of the compensation, incentive, bonus, rebate or other consideration, including its value. Your idea of putting in an artificially large amount of compensation in the fee blank doesn’t constitute full disclosure in my view. The rule requires that your buyer client knows what you actually expect to be paid before they make or accept an offer on the property. Sincerely, Forms Guy Smarty: Why does the buyer need to know? Isn’t that between the listing agent and me? Forms Guy: Suppose your client asks you to show them two different properties, Blackacre and Whiteacre. Both are listed in MLS. The offer of compensation is the same for both properties, but the difference is, on Blackacre there is an additional $5,000 bonus offered to cooperating agents. The client likes them both and asks you for your advice about which one they should make an offer. Before you advise them, don’t you think your client should know that if they buy Blackacre you stand to make an extra $5,000? Smarty: I am shocked – shocked – by your suggestion that I would allow my personal interests to interfere with my fiduciary duties to my client! Forms Guy: Don’t get on your high horse, Smarty. I’m not suggesting anything about you or your character. I am suggesting that in order to avoid any appearance that you may not be acting in your client’s best interests, the potential for the bonus needs to be disclosed. That’s the reason for the rule. Smarty: But if I can’t cover a potential bonus in the buyer agency agreement, how do I do it? Forms Guy: The buyer agency agreement actually does contain a general authorization for you to receive a bonus, which is necessary, but since the actual amount of the bonus must be disclosed, further disclosure would be required. If a selling bonus is actually offered on a property your client wants to see, you should disclose the existence and amount of the bonus orally before or at the time you show them the property, and then confirm it in writing if the buyer decides to make an offer on that property. New form 770 was designed to satisfy the written confirmation requirement, but you could accomplish the confirmation in other ways, too. For example, if the MLS datasheet for the property included the selling bonus, you could satisfy the requirements of the rule by highlighting the bonus and giving the buyer a copy of the datasheet when you show them the property. For risk management purposes, it would be wise to have them date and initial a copy for your files. Have a question or questions for the Forms Guy? Email Will Martin at [email protected]. 24 INSIGHT March/April 2009 MONEY MATTERS By Milton Howell DMJ & Co. Stimulus Bill Should Stimulate Market O n Feb. 17, President Obama signed the socalled stimulus bill. Officially titled the “American Recovery and Reinvestment Act of 2009,” the bill strengthens and improves the first-time homebuyer credit. Encourage your potential buyers to discuss this credit with their tax adviser – it may help close the sale! First, some background is in order: A credit for first-time homebuyers was added to the law last year with the passage of the Housing Assistance Tax Act of 2008. The Housing Act provided a tax credit of up to 10 percent for the purchase of a principal residence (no rentals or vacation homes), for a maximum credit of $7,500. The credit was effective for residences purchased after April 8, 2008, and before July 1, 2009. Couples with income of more than $150,000 and single taxpayers with income of more than $75,000 begin to lose the right to claim the credit. In tax law, the definitions are key. In this instance, a firsttime homebuyer is a taxpayer who had no interest in a principal residence in the prior three years. Clearly, this definition includes more real estate buyers than one would first think. Another key provision is that the credit is refundable, meaning that the government will actually send you a check. Interestingly, if a taxpayer purchases a residence in 2009 that qualifies for the credit, they can treat the purchase as occurring in 2008 for purposes of this credit only. This provision allows them to get this credit on their 2008 tax return and get their refund a year early. Those buying a house now need to make sure that their 2008 tax adviser knows about the 2009 purchase. Here’s the catch: The credit must be paid back over 15 years beginning with the second year following the claiming of the credit. That means that if a new homebuyer claims the maximum $7,500 credit in 2008, they will pay it back at $500 per year beginning in 2010. Thus, although called a credit, it works more like an interest-free loan. As REALTORS® know, few first-time homebuyers hold their initial home for 15 years. If the taxpayer sells the house or the house ceases being the principal residence before completing the repayment, the balance is due with the return for the year of sale. However, the repayment cannot exceed the gain on the house. Now, the IRS has simplified things for joint owners who are unmarried – a growing segment of homeowners. In January, the IRS issued Notice 2009-12 where it explains how the credit works in this case. Here, the government takes a taxpayer-friendly position, saying that any reasonable allocation of the credit between the two owners on their separate tax returns is fine. This IRS position brings two planning observations. First, if one of the two makes too much to qualify, he or she can allocate the entire credit to the lower-earning co-owner. Second, if one of the two owners cannot meet the definition of a “firsttime homebuyer,” the other taxpayer can claim all of the credit. But the total on both returns cannot exceed the $7,500 maximum credit. The new stimulus act signed on Feb. 17 changes many of the credit rules, all in more taxpayer-friendly ways. First, the credit deadline is extended to homes purchased before Dec. 1, 2009 (previously July 1, 2009). Second, the credit remains 10 percent of the home purchase price, but the maximum is increased to $8,000. Third, and most importantly, the 15-year repayment rule is eliminated for principal residences purchased after Dec. 31, 2008, and before Dec. 1, 2009. Thus, this benefit functions as a true credit, and not an interest-free loan. However, if the home is sold or ceases being a principal residence within three years, the entire credit must be repaid. Lastly, please note that the information in this article is brief. Please consult your tax adviser before taking action based on this credit. Milton Howell, CPA, is a tax partner with DMJ & Co. in Greensboro. He can be contacted at [email protected]. March/April 2009 INSIGHT 25 HOUSING OPPORTUNITY By Diane Greene Director of Community Outreach Financing for Cash-Poor, Low-Income Buyers W ith mortgage rates at historical lows and a repaid when the first mortgage is retired or when the good supply of affordably priced homes in homeowner sells the home, ceases to occupy the many markets, there couldn’t be a better home, or refinances the first mortgage. This second time to buy a house. Still, tight credit and sagging mortgage loan is available statewide and must be consumer confidence continue to hamper housing used in conjunction with NCHFA’s FirstHome first recovery efforts. We can’t do much about the confimortgage, which is a 30-year fixed rate loan. dence piece of this puzzle, but we can let our clients know that money is still available – at good rates and Mortgage Interest Tax Credit terms – for first-time and cash-poor buyers. Another great product that can help low-income “There are still programs out there for homebuybuyers qualify for a loan is the Mortgage Credit ers with good credit,” says Certificate (MCC) program. This Homes4NC President and federal tax credit helps firstGreensboro REALTOR® John time homebuyers save thouNewman. “The main thing that sands of dollars of federal taxes has changed is that buyers over the life of the loan and now have to have some money helps them qualify for a loan in the transaction.” because it increases their Homes4NC Vice President monthly take-home pay. An MCC Cle Newsom of the N.C. will allow the first-time homeHousing Finance Agency buyer to use 20 percent of the (NCHFA) agrees that, even in mortgage interest paid in a tax today’s difficult market, there year as a direct dollar-for-dollar are programs available to help tax credit. This tax credit can be cash-poor and low-income used with 30-year fixed rate buyers get into their first mortgages and some adjustable home. “Lenders do have rate mortgages. (See related money to lend, and are lendstory on Page 13.) ing to borrowers who are able The MCC credit is available Homes4NC President John Newman (left) accepts a to make a down payment, have every year in which the home$10,000 sponsorship check from Bob Kucab and Cle an acceptable credit history owner occupies the home and Newsom of the NC Housing Finance Agency. NC REALand have the ability to manage TORS® and Homes4NC work in partnership with NCHFA as long as the MCC-assisted to support the NC Housing Trust Fund and to provide all their monthly obligations,” mortgage is still outstanding. affordable housing opportunities around the state. says Newsom. “The biggest The estimated monthly MCC challenge for buyers these credit is used by underwriters to days is coming up with a down payment.” lower the qualifying ratios, thus allowing more homeNot too long ago, homebuyers could access 100 buyers to qualify for mortgages. percent financing under most conventional lending To qualify for an MCC, a homebuyer’s income canprograms. Now, because of the recent mortgage meltnot exceed certain maximums, which (for a family of down, homebuyers using conventional loan programs three or more) range from $85,000 in urban areas to must pay a 3 percent to 5 percent down payment. $62,000 in more rural areas. In addition, the home Even FHA has increased its down payment requireprice can be as much as $220,000. The MCC can be ment from 3 to 3.5 percent, explains Newsom. used with the new $8,000 federal tax credit, until that In response, the NCHFA recently increased its credit expires in December 2009. (See related story maximum down payment assistance to $8,000 for on Page 25.) first-time homebuyers earning 80 percent or less of Both Cle Newsom and John Newman encourage area median income. “This means a homebuyer using real estate professionals to familiarize themselves FHA financing can purchase a home using as little as with these programs through training classes such as $1,000 of his or her own money,” notes Newsom. NCHFA’s “Financing Dreams” and the agency’s website The NCHFA down payment assistance program is (www.nchfa.com). actually a zero-interest second mortgage that must be “I make it a point to learn about the programs 26 INSIGHT March/April 2009 available from different lenders, whom I call because they just don’t put this type of information on their website,” says Newman. He recommends that REALTORS® go to the seminars that lenders hold specifically for real estate professionals and develop relationships with the community reinvestment officers at different banks because they focus on first-time and low-income buyers. And finally, Newman says, do it now so you’ll be in a position to hit the ground running when the market picks up. “Personally,” he adds, “I think we’ll see more activity once people start getting their tax refunds back – and I plan on getting a piece of that action.” NCHFA AT A GLANCE First-time homebuyers may be eligible for: > Below-market interest rate mortgage > Down payment assistance up to $8,000 > Job loss protection > Mortgage Credit Certificate (MCC) For detailed program guidelines, including income and price limits for your area, and MCC flyers, visit www.nchfa.com or call 800-393-0988. March/April 2009 INSIGHT 27 Because it’s important at all times to know and understand the proper use of forms, we’ll examine each of these in detail. hanges to the NC Association of REALTORS® forms library typically take place on July 1 of each year, but the 2008-2009 forms cycle has been anything but typical. C First, as a result of an N.C. Real Estate Commission rule change (effective Oct. 1, 2008) pertaining to disclosure of compensation, your state association introduced a new “Confirmation of Additional Compensation” form (#770) and revised the Exclusive Right to Sell Listing Agreements (#101 and #103) and Exclusive Right to Represent Buyer (#201) forms. Now, in response to difficult economic times and mandatory changes to MLS rules, as well as additional clarification regarding the N.C. Real Estate Commission’s compensation disclosure rule, the state association has rolled out four new forms and revised four existing forms. They are: > Short Sale Addendum (to Offer to Purchase and Contract) (#2A14-T) (New) > Short Sale Addendum To Exclusive Right To Sell Listing Agreement (#104) (New) > Seller Estimated Net Sheet (#110) (New) > Exclusive Right To Sell Listing Agreement (#101) > Exclusive Right To Sell Listing Agreement (Vacant Land) (#103) > Exclusive Right To Represent Buyer (#201) > Exclusive Property Management Agreement (Long-term Rentals) (#401) > Internet Advertising Addendum (#105) (New) We’ll begin with socalled “short sales.” NC REALTORS® have been faced recently with increasing numbers of situations where the likely sales price of a property may not be enough to pay all the costs of sale and the seller doesn’t have sufficient assets to pay any deficiency. Three new forms have been developed and two existing listing agreements revised to help members better handle short sales. Short Sale Addendum (to Offer to Purchase and Contract). This new form has been designed as an addendum to either the Offer to Purchase and Contract (#2-T) or the Offer to Purchase and Contract-Vacant Lot/Land (#12-T) and may be used in situations where any sale of the property would be a “Short Sale” as defined in paragraph 1 of the addendum. The addendum serves two important purposes. First, it establishes important contractual rights of the parties to a short sale. Paragraph 2 provides that the seller can terminate the contract if the short sale isn’t approved by all necessary lienholders, and paragraph 3 provides that the buyer has the right to terminate the contract at any time prior to receiving notice of short sale approval from the seller. The rest of the addendum (paragraphs 4 through 8) addresses the second important purpose of the addendum, which is to help educate the parties about the process and potential consequences of a short sale, so that any decision they make to enter into a short sale contract will be an informed one. Short Sale Addendum To Exclusive Right To Sell Listing Agreement. This new form may be used as an addendum to either the Exclusive Right To Sell Listing Agreement or the Exclusive Right To Sell Listing Agreement (Vacant Land) (#103). Its principal purpose is to educate the seller about short sales – what they are (paragraph 1), the potential alternatives and consequences (paragraphs 2 and 3), what the lienholders may or may not agree to do (paragraph 4), and what the seller’s responsibilities will be (paragraphs 5, 7, 8 and 9). Paragraph 6 of the addendum lists several “additional actions” that the firm may take with respect to the marketing and sale of the property, including rights to communicate directly with and provide information directly to any lienholders. Seller Estimated Net Sheet. This new form may be used in conjunction with any listing, but it has been added at the present time to the NC REALTORS® forms library principally as a tool in helping to determine whether any sale of the seller’s property will be a short sale. The format enables listing agents to estimate net proceeds based on three different sales prices. rently no circumstances that would prohibit the seller from conveying fee simple marketable title …” In a short sale situation, that representation would not be accurate. Thus, additional wording and several blank lines have been added where the seller may summarize the circumstances that would cause the seller to be unable to convey fee simple marketable title. Wording has been added to encourage use of the new short sale addendum to the listing agreement if the seller’s inability to convey fee simple marketable title is due to the fact that the lienholder approval of the sale may be required. Additionally, new wording has been added creating a specific duty on the seller’s part to provide the listing firm in a timely manner sufficient information to enable the firm to estimate the seller’s net proceeds. MLS rule changes. Exclusive Right To Sell Listing Agreements. In the “Seller’s Duties” paragraph in both form #101 and #103, the seller represents that “there are cur- The lawsuit brought several years ago by the United States Department of Justice against the National Association of REALTORS® challenging NAR’s rules (continued on page 30) March/April 2009 INSIGHT 29 regarding virtual office websites, or “VOWs,” was recently settled. The terms of the settlement, among other things, required board MLSs to adopt certain rules pertaining to VOWs by February 15, 2009. Under the new rules, listing firms may not “opt out” of having their listings displayed on the VOW sites of other MLS participants. A seller may choose not to authorize Internet advertising of their listing, in which case the new rules require the listing agent to obtain from the seller a signed opt-out document containing certain information. A seller may also authorize the listing firm to display the listing only on the listing firm’s Internet site, but in such a case, the listing would not be eligible for inclusion in the MLS. Sellers who do authorize Internet advertising may prohibit MLS participants from displaying the property’s address on the Internet, and may also prohibit the display of third-party comments about the property and automated estimates of the market value of the property in connection with their listing. The “marketing” paragraphs of the listing agreements (forms 101 and 103) have thus been modified to be consistent with these new MLS rules. Note that sellers who elect to prohibit display of either the property address, third-party comments and/or automated estimates of value should indicate their choice by not checking the corresponding check box(es). Since the new rules also appear to apply to listings of rental property, the Exclusive Property Management Agreement (Long-term Rentals) has been revised accordingly. Internet Advertising Addendum. This new addendum may be used by listing firms to meet the new MLS requirement that a participant must obtain a written opt-out from a seller who desires to prohibit Internet advertising. The form also addresses the situation where the seller chooses to authorize Internet advertising only by the listing firm. It is to be used an as addendum to the listing agreements or property management agreement, not the Offer to Purchase and Contract. More on compensation disclosure. It has been determined that a firm or agent’s receipt of a fee from a home warranty company is covered under the N.C. Real Estate Commission’s compensation disclosure rule referred to at the beginning of this article. As a result, new wording has been added to the existing “Home Warranty” paragraphs of the Exclusive Right To Sell Listing Agreements (#101 and #103) and the Exclusive Right To Represent Buyer Agreement (#201) to allow the firm/agent to disclose the existence of the fee, if applicable, including the amount. This will allow the firm/agent to fully comply with all requirements of the rule when the agency agreement is signed, thereby avoiding the necessity of having to separately confirm the expected receipt of the fee in writing at a later time. AVAILABILITY OF FORMS Copies of the updated forms are available on NCAR’s Web site. To access the forms, go to www.ncrealtors.org and enter your user name and password. Your user name is the e-mail address that you have on file with NCAR and your default password is your nine-digit NRDS number, conveniently located on the cover of this publication. Next, click on “Forms and Contracts” on the top toolbar then click on the blue and white “Forms and Contracts Library” logo. Updated versions of the forms have been sent to all of the state association’s approved forms software vendors. You should contact your vendor regarding the anticipated “roll-out” date of an update to your forms software program. The NC Association of REALTORS®’ Forms Use Policy allows permitted users a 60-day “grace period” to continue using an old version of a standard form following a modification of the form. Thus, old versions of the updated forms may be used through the end of March. However, you should check with your broker-in-charge concerning your own firm’s policy on use of the new forms, in case your firm requires that you use them prior to the end of our grace period. 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Limited benefit medical plans offer the health insurance coverage many people need; doctor visits, x-ray and lab work, prescription drugs and limited hospitalization. Although the plan is not a major medical plan, it can serve as gap coverage for members who have high deductibles, or be important coverage for those with no health insurance. Guaranteed acceptance regardless of health conditions or age; coverage provided without deductibles, co-pays or networks. Call 877-925-1840 or visit www.transchoicencar.com Sears Commercial is a complete appliance and lifestyle product resource designed specifically to meet the many special needs of NC REALTORS®. > Gift Cards – 5 percent off all gift card sales. > Appliance Select Plus-Discount varies by item, offer extends to member clients. > Auto Discounts – $5 off on Oil Change Service plus additional discounts on tires and parts. Visit: www.contractsales.sears.com to find your nearest Appliance Select Plus location. Enjoy world class service for office supplies, furniture, technology products and copy and print services at pricing typically reserved for Fortune 1000 companies. Receive an average of 10 percent off retail prices. Simply sign up online to receive the discount. Visit the Partner page on the NC Association of REALTORS® Web site at www.ncrealtors.org. NC REALTORS® members receive special discounts and services on wireless solutions. 10 percent discount on monthly service plans, up to 30 percent discount on accessories and free activation with a two year contract. Stop by any company-owned AT&T/Cingular store to activate your account. Provide FAN 2017074 to receive the discount. HOW DO I SIGN UP? Business & Technology For more information, contact the partner of your choice at the number or Web site given. Be sure to identify yourself as a NC REALTORS® member to get the great discounts and quality service you deserve. Visit www.ncrealtors.org or call Kristin Miller at 800-443-9956 for more program information. REALTOR® BENEFITS Business & Technology BENEFIT DISCOUNT HOW DO I SIGN UP? UPS offers the most reliable express service available today and savings you can count on. There are no enrollment fees or contracts to sign. $1.50 off UPS Next Day Air® Letters, 10 percent off UPS Next Day Air® Package and UPS 2nd Day Air A.M.® Letter and Package, and 20 percent off UPS Worldwide ExpressSM Letter and Package For additional discount information or to sign up, call 800-325-7000. Bank of America delivers you a credit and debit card processing program designed specifically to meet your needs and help your business grow. Preferred Customer Pricing. For additional discount information or to sign up, call 704-557-2359 or email [email protected]. Carry the only MasterCard® with the NC Association of REALTORS® logo prominently displayed. When you make your next purchase, you might walk away with a listing or prospect simply by using your new NC Association of REALTORS® credit card. Low introductory APR, no annual fee, priority customer service, and a year-end summary of charges. Call 800-932-2775 and mention priority code FACCH9. Also, ask about the new World Points Reward program. Handle your staffing needs the smart way: you select staff, decide compensation, and manage employees. Outstaffing will handle details such as taxes, payroll and benefits. Preferred customer pricing. Call 888-OUTSTAFF or visit www.outstaffing.com/ncar_index. DeltaCom is a Southern-based premier provider of integrated telecommunications solutions. At DeltaCom, we believe in helping businesses save time and money by offering competitive pricing on local, long distance, data and internet services, all on one invoice. 3 percent association discount. For a NO-OBLIGATION assessment of your existing local, long distance, data and internet service, simply call DeltaCom at 800-239-3000. As a valued customer, you’ll benefit from our 23 years of experience in the real estate industry. As a result, nearly 50 percent of all residential transactions rely on our technology every single day. We’ve also leveraged that same experience to build a product line that addresses your day-to-day needs. We have a dedicated sales force as well as 24 X 7 X 365 live tech support. That means we’re available at your most critical times. Simply put, we provide the right solutions at the right price backed by the right service. Come see for yourself, You won’t look back. a la mode will offer NCAR members 20 percent off published retail pricing. Identify yourself as a NCAR member when ordering or enter the promo code “NCAR” when placing orders online at www.alamode.com. You can call our Agent Sales Department at 1-800-252-6633, or visit our Web site at www.alamode.com. Realfast2Go-NEW ONLINE contract forms software contains NC Association of REALTORS® and NC Real Estate Commission contract forms. FREE to NC REALTORS® members. Visit www.realfast.com and follow the links to Realfast2Go. Your login name is your email address and your password is realfast. Call 800-571-0277 for assistance. ZipForm is a powerful, easy-to-use software program that helps real estate agents increase productivity while decreasing time spent doing paperwork. Special broker services available as well as Desktop and Online versions. NC REALTORS® member prices are $69.90 for Desktop or Online; $94.90 for both. Regularly $129.95 and $179.90. Contact 866-MY-FORMS or www.zipform/promo/NC. Brokers call: 866-627-4729 Formulator software is the name you trust since 1988. Call about the New! Formulator Desktop or Online Software that streamlines and simplifies your Forms & Contracts preparation! NC REALTORS® member special prices are $119.95 for Formulator DesktopTM. or the New! Formulator OnlineTM. (Retail $199.00) Call Formulator sales at 800-499-9612 or our online store at www.formulator.com. Forms ® END NOTES NC REALTORS® Sponsor Honored Two Men and a Truck®, a Gold Sponsor of the NC Association of REALTORS®, earned top honors in a recent J.D. Power and Associates study measuring customer satisfaction among full-service moving companies. Two Men and a Truck® is the largest franchised moving company in North America and has N.C. offices in Asheville, Burlington, Charlotte, Concord, Durham, Greensboro, Greenville, Fayetteville, Mooresville, Raleigh, Wilmington and Winston-Salem. In addition to receiving J.D. Power and Associates’ top overall ranking (for the second consecutive year), the company was ranked highest in the study’s packing services, on-time delivery and number-of-lost-belongings categories. Not a Very Neighborly Thing to Do State Farm Florida Insurance Co., Florida’s largest private property insurer, has announced plans to stop writing homeowners insurance in the state, forcing 1.2 million policyholders to find new coverage. The announcement followed the State Insurance Commission turning down the company’s request for a 47.1 percent rate hike. If the company were to continue to write insurance in Florida without a rate increase, it wouldn’t be able to afford to pay claims by 2011, asserts Jim Thompson, president of State Farm. Study: Opposition Wanes for Eminent Domain The 2005 Supreme Court ruling in Keo v. New London, which affirmed the right of governments to take private property and transfer it to private developers in the interest of increasing tax revenues and eliminating blight, isn’t the lightning rod it once was, a new study says. In 2006, objections to the decision fueled legislation in more than 40 states and drove many local laws. However, by 2008, the battles appeared to be focused primarily on specific eminent domain situations, according to a recent study for the Initiative and Referendum Institute of the University of Southern California. Connecticut Releases ‘The MLS Bill of Rights’ A broker-controlled statewide MLS in Connecticut has released “The MLS Bill of Rights,” a document that denounces MLS boundaries as barriers to business and calls for MLS participants to have access to all property listings in the state or states where they are licensed. “The public has the right to expect that their REALTOR® can provide every active listing of every MLS participant in the state where they are licensed,” according to the document. 2009 is Business Buyers’ Market, Study Says While the economy is expected to remain weak throughout 2009, there will continue to be plenty of opportunities for individuals and businesses in a position 34 INSIGHT March/April 2009 to buy, according to a recently released survey. The report, published by the International Business Brokers Association, found that 61 percent of the survey participants believe that more businesses will go up for sale in 2009, while 66 percent of the brokers and intermediaries say they will sell more businesses this year compared to 2008. The survey also found that in a buyer’s market, purchasers are more selective, so it’s important for sellers to make their business more attractive to buyers. Obamas Tap L.A. Designer for White House Remodel The Obamas have contracted with Michael Smith, Los Angeles decorator to the stars, to remodel the family quarters of the White House. Michelle Obama’s press office praised Smith’s “family-focused and affordable approach.” The First Family’s budget for remodeling its private quarters is capped at $100,000, though the project is expected to be subsidized by private donations. Builders Opt to Downsize New Homes The National Association of Home Builders recently reported a drop in home size to an average 2,438 square feet in last year’s third quarter from 2,629 square feet in the second quarter. NAHB research director Gopal Ahluwalia expects shrinking residence size to be a lasting trend, noting that consumers are more concerned about affordability and recognize that smaller households do not need large dwellings. Forecast: Big Drop in Nonresidential Construction A survey by the American Institute of Architects concludes that nonresidential construction spending will drop by 11 percent in 2009. The situation shows no signs of getting better anytime soon, says AIA chief economist Kermit Baker. “It’s likely to get worse before it gets better,” he says. One bright spot is the decline in construction costs. Prices for steel, gypsum products, lumber and cement have all fallen. Homeowners Sue After Appraisal Dispute A Seattle couple has filed suit against Countrywide mortgage company, claiming that it violated the Racketeering Influenced and Corrupt Practices (RICO) Act when it hired its wholly owned subsidiary LandSafe for appraisals. The suit says Countrywide, itself a wholly owned subsidiary of Bank of America, forces homeowners to use LandSafe, then subcontracts the work to independent appraisers while charging homeowners as much as 200 percent of the cost of the appraisals. The suit also contends that if independent appraisers do not accept Countrywide’s fee structure or appraisal guidelines, they stand the risk of being blacklisted. LAND 101 The Fundamentals of Land Brokerage This 2-day REALTORS® Land Institute (RLI) Land University course introduces participants to the land brokerage specialty. The course addresses a broad range of topics that include: The basics of land brokerage Tax deferred 1031 exchanges Determining market value Property rights and restrictions Subdivision and assemblage Environmental and regulatory issues Land 101 counts as credit in the following programs: Instructors: Course Administrator: Dates: Time: Class Fee: Location: For More Information Contact: Lou Jewell, ALC and Dale Fulk, ALC NC Association of REALTORS® May 7-8, 2009 8:30 a.m. - 5:00 p.m. $275 on or before April 23, 2009 $300 after April 23, 2009 4511 Weybridge Lane, Greensboro, NC Chris Rhodes at 1-800-443-9956 or [email protected] 1. A required course for the prestigious and highly coveted ALC Designation. 2. An elective for the ABR Designation. NOTE: Please bring any marketing material of your listings or Prospect want list. These will be shared and evaluated. Note: Real Estate License not required. RLI COURSE REGISTRATION FORM The entire Registration Form must be completed. Please mail or fax the Registration Form along with your registration fee. Make checks payable and mail to: NCREEF, 4511 Weybridge Ln., Greensboro, NC 27407. Phone: 800-443-9956 Fax: 336-218-0463 Website address: www.ncrealtors.org NAME: COMPANY: REAL ESTATE LICENSE NUMBER: CITY: STATE: ZIP: PHONE: FAX: E-MAIL: Please indicate preferred method of payment: Credit Card (VISA or MasterCard only) Check for $ ADDRESS: Make check payable to: NCREEF ACCOUNT NAME: 3 DIGIT SECURITY CODE: ACCOUNT NUMBER: EXPIRATION DATE: SIGNATURE: TOTAL: Please check here if you have a disability which will require services at this course, and attach a description of your needs. CLOSING THOUGHTS By Tim Kent Executive Vice President REALTORS® Credit Union to Become a Reality A new and exciting member benefit is heading your way soon. Sometime around mid-year, the REALTORS® Federal Credit Union will open for business and all 1.1 million REALTOR® members will have the opportunity to participate. So what’s a credit union? It’s a cooperative owned by its members, not outside investors or stockholders. Credit union members pool their resources to make loans and offer a wide range of services to fellow members. Because it’s a not-for-profit institution, a credit union returns all financial gains to its members in the form of improved rates on loans and investments. Many REALTORS® are independent contractors. This status makes it more challenging to obtain personal credit. The credit union is designed to be responsive to the needs of REALTORS® and their cash flow as independent contractors with commission-based pay. The REALTORS® Federal Credit Union will be Internet-based with no “brick and mortar” branches. A U.S.-based member service center will provide aroundthe-clock support via telephone, e-mail and fax, 365 days a year. As time goes on, the REALTORS® Federal Credit Union will offer a full range of products and services, including: > Personal and business savings and checking accounts > Overdraft protection > Direct deposit > Money market accounts > Health savings accounts > Certificates of deposit (CDs) > Individual retirement accounts (IRAs) > Personal unsecured loans > Commission advance > New and used vehicle loans/leases > First mortgage (to members only) > Home equity loans > New REALTOR® start-up (up to $50,000) > Debit cards This will not be a bank, simply because it’s not open to everyone and is strictly not-for-profit. The credit union is for members only – as opposed to your home-buying clients. However, like banks, credit union deposits are insured up to $250,000. Some people have asked, “Isn’t this the flip side of banks getting into real estate?” No, many companies and government agencies have their own credit unions, including Congress and the Federal Reserve. The National Association of REALTORS® will not own or operate the credit union. It will be owned by the membership, chartered by the federal government and directed by an elected volunteer board. The REALTORS® Federal Credit Union should be up and running by mid-year. You should make a point of visiting www.realtor.org to stay abreast of developments. Homeowners Win in Avery, After All T he final results are in, and North Carolina homeowners won again – this time in Avery County. The transfer tax was defeated in a special election on a snowy Tuesday in early February by 35 votes. The final count was 1,449 opposed and 1,414 in support of the transfer tax, and we owe a debt of thanks to the local grassroots efforts of the Avery County Property Owners Against the Transfer Tax. Initial results had given opponents a scare as election night numbers indicated that the tax had 36 INSIGHT March/April 2009 passed by 25 votes. However, because of errors detected in two precincts, it was discovered the first numbers were incorrect. The final tally in Avery County marks the 24th time in 24 attempts statewide that the transfer tax – also known as the Home Tax – has failed. A recent statewide poll shows that 83 percent of the public opposes the tax. NC REALTORS® will continue to work with communities across the state to fight this egregious tax on homeowners.