Beware - Texas Association of REALTORS

April 2012 Succeed in the real world
Say what?
How to interpret body language
Find out who won Texas REALTOR
of the Year, Educator of the Year,
and more statewide awards
®
Plus, a full recap of the
2012 Winter Meeting
Are you unintentionally violating
the Fair Housing Act?
Test your
Texas IQ
Beware
5 common contract
mistakes that can derail
your transactions
At RE/MAX
we’re always
Working
for You!
Ten prominent 2011 RE/MAX Achievements
1.
RE/MAX Chairman Dave
Liniger and C.E.O. Margaret Kelly were both named by
Inman News as one of the 100
Most Influential Real Estate
Leaders.
2.
Highest ranking real
estate firm in Franchise
Times Top 200
3.
24 of the 25 top brokerages ranked by agent productivity in the REAL Trends
500 national survey.
4.
7.
5.
8.
9.
In the RIS Media Power
Broker Survey, RE/MAX
agents ranked highest among
national franchises with 14.7
transaction sides, an impressive
49.7% better than its closest
competitor.
Launched global.remax.
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with true global reach in over
30 languages and 60 foreign
countries
6.
Surpassed 10 million referral-free sales leads from
the LeadStreet online system
since 2006
Remax.com drew 49.5
million total visitors in
2011, the highest of any real
estate brand website
Released an iPad app for
brokers and agents
RE/MAX University
ranked among the nation’s
best corporate trainers in two
respected annual reports*
source: Training Magazine Top 25 and Brandon Hall Excellence
Awards for Blended Learning
10.
Named one of the
country’s Top 20 Military Spouse-Friendly Employers
learn more at
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“Highest Overall Satisfaction For Home Sellers and Home
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J.D. Power and Associates 2011 Home Buyer/Seller StudySM. Study based on 3,861 total evaluations measuring 8 firms and measures
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April 2012
Departments
Chairman’s forum 4
How consumers will help
expand our influence
Up front
An easy, free way to make new
business connections 6
Get the app built just for Texas
R EALTORS 6
®
Take better photos with your
phone with these six apps 7
What sources people turn to for
info about your community 8
Ethics 10
Burnet
Can listing agents send “choose
your neighbor” letters as part of
their marketing efforts?
Features
14
Legal 12
Don’t make these 5 contract mistakes
How to avoid some of the most common contract
errors that could put your transactions in jeopardy.
by Lori Levy and Marty Kramer
16
Help them help themselves
18
Recap of 2012 Winter Meeting
Tips to encourage your sellers to improve their
homes —inside and out.
by Jaime Kilpatrick
See highlights from February’s event, including
who won Texas R EALTOR of the Year, Educator of
the Year, and other honors.
®
24
Fair enough?
26
Look beyond fair housing
28
Speak the same language
Cover photo © iStockphoto
& Stockbyte/Thinkstock
Table of contents photo
by Jennifer Idol
Don’t confuse the required
disclosure with the required
notice
Real IQ 31
How well do you know your
state? Here are some facts and
fiction about Texas you can use
to help a relocating client or
impress your friends
Voices 32
What do you know now that
you wish you’d known when
you first got your license?
Find out what you’re doing that may
unintentionally violate the Fair Housing Act.
by Gordon Anderson
How to adjust your business practices to attract
clients from different cultures.
by Michael Soon Lee
Learn what you and your clients are saying with
body language.
by Summer Mandell
Visit TexasRealtors.com
c h a i r m a n’s f o r u m
How my brother-in-law will
help expand our influence
Exciting changes are coming for TREPAC.
Volume 65, Number 3, April 2012
Chairman of the Board Joe Stewart
CEO Travis Kessler
by Joe Stewart
Vice President, Comm. & Mktg. John Gormley
y brother-in-law has always been concerned about a fair appraisal.
He worked hard to buy his home and would like to keep it affordable. I’ve often thought that he and countless other Texas homeowners who feel as strongly as he does could be our greatest advocates for
legislation that affects their property rights. Now, because of a U.S. Supreme
Court decision that changed the way political action committees can be
financed, a whole new world is on the horizon.
Editor Marty Kramer
What are the new opportunities for TREPAC?
We’re examining several possibilities for mobilizing consumer involvement,
such as Texas R EALTORS directly soliciting nonmembers to make contributions, or creating a new TAR membership category so real estate-related organizations can join and participate. We’re also looking at new ways consumers
can get involved—through TREPAC or a consumer general-purpose PAC—in
property-rights issues that affect them.
CHANGE OF ADDRESS OR E-MAIL
®
Will consumers really care?
Over the years, when I talked with clients about the legislative efforts of Texas
R EALTORS , I realized that consumers didn’t know what our association does
to fight for their property rights. However, the more I
The more I explained
explained our efforts, the more I would see smiles on
our efforts, the more homeowners’ faces. I realized that if they only knew
that they can make a difference, many Texans will get
I would see smiles on involved. I believe that once property owners have this
opportunity, they will not only contribute to the efforts
homeowners’ faces.
of our PAC … they will give with conviction!
®
What are the next steps?
A task force is studying these ideas, and association staff are researching them
to make sure we comply with all applicable rules. Since we’re breaking new
ground, we’re being cautious. We’ll let you know as soon as one or more of
these ideas have been vetted, so we can take our advocacy to the next level.
Consumer education and engagement will make a tremendous difference for the future of TREPAC. It will magnify the influence we enjoy at the
state Capitol. For that vision to be realized, though, we must continue our
grassroots efforts … this time as a voice to consumers. There is no one better
than hard-working, knowledgeable Texas R EALTORS to spread the word about
the issues important to property owners.
I encourage every Texas REALTOR to participate in the future success of
TREPAC. Do not miss this opportunity to make a difference for our industry. ✯
®
®
TEXAS R EALTOR
®
April 2012
Assoc. Dir. of Comm. & New Media Ward Lowe
Assistant Editor Jaime Kilpatrick
Assistant Editor Summer Mandell
Art Director Joel Mathews
Graphic Designer Jennifer Idol
TAR members should always send postal address
or e-mail changes to their local association first.
Contact the Editors
[email protected]
512-480-8200
P.O. Box 2246,
Austin, TX 78768-2246
Advertising Sales
Network Media Partners, Inc.
Jeff Rhodes
410-584-1963
E-mail: [email protected]
Texas REALTOR ® (ISSN 1068-1248) is published
monthly except combined issues in
January/February and September/October
by the Texas Association of REALTORS ®.
POSTMASTER
Send address changes to:
TAR, Attention: Membership, P.O. Box 2246,
Austin, TX 78768-2246.
Periodicals Postage Paid at Austin, TX, and at additional mailing office. Annual dues of members of
TAR include $5 for a one-year subscription to Texas
REALTOR ®. Annual subscription rate to others: $25.
Single copy rate to others: $3.50. Office of publication: 1115 San Jacinto Blvd., #200, Austin, TX
78701-1906; mailing address: P.O. Box 2246,
Austin, TX 78768-2246; phone: 512-480-8200;
fax: 512-370-2390.
All articles and paid advertising represent the
opinions of the authors and advertisers, and do not
necessarily represent the opinions of the editors of
Texas REALTOR ® or TAR and should not be construed
as a recommendation for any course of action
regarding financial, legal, or accounting matters by
TAR or Texas REALTOR ® and its authors.
Copyright © 2012
Texas Association of REALTORS ®
All rights reserved.
Photo by Jennifer Idol
M
4
Succeed in the real world
up front
Speak up
Giving a free talk to a civic
group can bring you business.
by Patricia Fripp
Why should you give free talks?
Service clubs do not pay a speaking
fee. However, you are paid in a currency far more valuable: access to
new contacts in your community.
Your first talks to local service organizations, such as Rotary, Kiwanis,
and Optimists, often lead to more
invitations. And an effective speech
will bring you recognition and eventual business. You will be networking
with local business professionals.
What should you talk about?
Consider the questions people ask
you most about real estate. You could
even talk about one of your hobbies,
interests, or a charity that you’re
involved in. Even if your talk doesn’t
focus on real estate, your introduction will mention your business.
What shouldn’t you talk about?
While speaking in front of a local
group is an excellent starting point
for promoting your service, no one is
eager to listen to a sales presentation.
Your goal is to be interesting, informative, and even entertaining. This leads
to conversations, eventual friendships,
and business and referrals.
How do you get invited?
Develop your speech, and then tell
your friends, clients, and acquaintances you would love the opportunity
to speak to local groups. Search online
for the local chamber of commerce
6
TEXAS R EALTOR
®
April 2012
and service clubs. Find out who the
program chair is; that person is always
looking for interesting speakers.
How do you maximize
the experience?
Be easy to work with. Write your
own short introduction. Include the
importance of the subject and why
you are the perfect person to deliver
that message. Make your bio available in advance for the group’s newsletter and Web site, and send a photo
and a link to your Web site that they
can include in promotions.
Go early to the event. Meet as
many people as possible. Find visitors
from other organizations and mention,
“If you enjoy my presentation, please
give my card to your program chair.”
Have a handout. Develop a onepage flier detailing your key points.
Make sure to include your contact
information.
Collect business cards. Always
collect business cards from audience
members. You can even hold a drawing for small prizes.
Drive traffic to your Web site or
blog. Let your audience know where
they can get more information if
interested.
Let them know you are available to speak to other groups.
Before you close your speech, say, “If
you belong to any other organizations
that would be interested in hearing
a speech on this subject, feel free to
pass along my card or Web site.”
Speaking before a group of strangers may be slightly intimidating at
first. Just remember, this is the beginning of many long-term relationships.
Go on … step up on the podium
and profit from the experience.
Remember, every service club is looking for a free speaker for next week!
Patricia Fripp, CSP, CPAE, is past president
of the National Speakers Association and
a Hall of Fame keynote speaker. She works
with organizations and individuals who
want to put their best foot forward by gaining powerful, persuasive presentation skills.
Learn more or contact her at Fripp.com,
415-753-6556, or [email protected].
An app just for you
MortgagePlus, built for Texas REALTORS , is
available for Apple and Android devices.
®
The Texas Association of REALTORS® recent-
This free app is sponsored by TREPAC and
ly introduced MortgagePlus, a smartphone
is available for iPhone, iPad, and Android
app that offers you several real estate pro-
devices. Just search for “MortgagePlus”
ductivity and informational tools:
in the app store.
• Seller Net Sheet
Find more info about this and other
• Mortgage Payment Calculator
free technology resources in the Benefits
• Rent vs. Buy Calculator
& Tech section of TexasRealtors.com.
• Commission Calculator
• News updates from TAR
PHOTO © iStockphoto/Thinkstock
Are you looking for an inexpensive way to promote your business?
Consider speaking to groups in your
community.
Dial up better photos
Your phone has two major advantages over a digital camera when it comes to photography: You always have your
phone with you, and your phone’s operating system is
continually updated—when’s the last time you upgraded
the software that runs your standalone camera?
And don’t forget about the apps that add features to
your phone’s built-in camera or touch up images you’ve
already taken. Here’s a collection of camera apps for your
Apple or Android phone that’ll help you take better photos of properties, inside and out.
Six apps to help you take better real
estate pictures with the camera on
your iPhone or Android phone.
Android
HDR Camera Free
A built-in feature on iPhone 4 and 4S models,
high dynamic range (HDR) photography can be
added to an Android device with this app. What
does HDR do? It opens up the range of light the
camera “sees,” giving more details in shadows
and light areas. It’s an ideal function for landscape photos and interior shots that need some
lighting help.
iPhone
360 Panorama $0.99
Tap start and move your phone across any given
area to make your panorama. When you’re fin-
Camera+ $1.99
ished, the app will stitch your photos together
Camera+ eliminates blurry pictures with a function that
for a seamless image and automatically tag your
doesn’t capture an image until the phone detects that the
panorama with its GPS location.
camera is still—if only for a fraction of a second. It also
lets you set independent focus and exposure points by
Magic Hour $1.99
tapping the screen. And you get a robust editing program
With 40 built-in image filters and the option
with control over the intensity of many effects.
to create more, Magic Hour shines as a postprocessing app. You can also independently
Camera Awesome Free
fix aspects of the image—curves, saturation,
Use Camera Awesome’s screen overlays to guide your
brightness, contrast—as well as add textures and
photo composition, or choose from its many effects and
frames. It has an easy-to-use interface that allows
tools for post-processing. The featured editing function is
you to clean up even your worst photos.
the Awesomizer; it adjusts all aspects of your image (e.g.,
sharpness, contrast, colors) with a slider, letting you control just how “awesome” your picture gets.
PhotoSynth Free
This Microsoft app enables you to easily create panoramic
images with your phone. Stand in the middle of a room
and tap the screen to start. Then slowly move the camera whichever direction you like—left, right, up, down.
PHOTOS © iStockphoto/Thinkstock
The app beeps as it adds a new image to the panorama
puzzle, one piece at a time. When you’re finished, it
stitches everything into an immersive image perfect for
virtual tours.
What color is that?
The next time your buyers say, “Oh, I love the color
of the living room,” take a picture of the walls with
your phone. If they end up with another property, bust
out the Sherwin-Williams ColorSnap app—free for
iPhones and Android phones—and match the livingroom color they liked with a Sherwin-Williams paint
so they can bring that color to their new home. You
can then find coordinating colors or add other colors
in the photo to create a custom palette.
April 2012
TEXAS R EALTOR
®
7
Keep talking
Word of mouth is still an important
tool for learning information about
local businesses and schools.
Locals only
Find out what media people
use to get information about
their local community.
An unofficial job of a Texas R EALTOR is being the eyes and ears of her
local community. According to the 2011 Profile of Texas Homebuyers and
Sellers, 82% of buyers surveyed said that knowledge of the local area is a
“very important” quality of a real estate agent. But where do your clients
look for local information on housing and real estate when they aren’t
asking you?
On this page, you’ll find some of the most common—and uncommon—media your clients may be using to find local information on real
estate and housing, as well as media where you might want to participate.
of adults get local
news and information
via word of mouth at
least once a week.
®
Who’s following
local housing and
real estate?
College graduates
54%
Adults in households earning
more than $75,000 a year
53%
Adults age 40 and older
46%
What sources do people rely on most for information
on local housing and real estate?
Internet
Newspaper
TV
22%
10%
2%
Adults age 40 and older are more
likely to prefer word of mouth as a
source on housing and real estate.
Print bulletin
or newsletter
Where did Texas buyers
find the home they
purchased in 2011?
Internet
39%
Real estate agent
29%
Homebuilder or
homebuilder’s agent
15%
Yard sale/open-house sign
8%
Friend, relative, or neighbor
7%
Directly from the seller
2%
Print-newspaper advertisement
1%
2%
2011 Profile of Texas Homebuyers
and Sellers, National Association of
REALTORS®, December 2011
14%
25%
4%
3%
Source
Age 40 and older
TEXAS R EALTOR
®
April 2012
How People Learn About Their Local Community, Pew
Research Center, September 2011, except as noted
ILLUSTRATIONS © iStockphoto/Thinkstock
Age 18-39
Do you care about … Agent preparedness,
industry professionalism, broker profitability?
In an August 2010 statewide survey of Texas real estate brokers, 70% believed current
pre-licensing curriculum did not adequately prepare new agents. And 91% said they’d
recommend the Texas REALTORS® University model for pre-licensing education:
Quality instructors who don’t recruit from the classroom
Texas-current, real-world instruction
30 actual classroom hours
Offered at local REALTOR® associations in Texas
That’s exactly what the Texas Association of REALTORS® is doing, in cooperation
with 12 local associations in 2012.
Here’s how the Texas REALTORS® University model stacks up …
Texas REALTORS®
University
LiveInstructionbyTexasREALTORS®
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online options through Online
The new Texas REALTORS® University model is designed to boost agent
preparedness, industry professionalism, and broker profitability. You’re a
leader in the Texas REALTORS® family. Tell anyone who’s thinking of a new
career in real estate to get started at TexasRealtorsUniversity.com.
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TexasRealtorsUniversity.com
ethics
Do “choose your
neighbor” letters violate
the Code of Ethics?
forinformationontheproperty,had
drivenpastthehousetolookforafor
salesign,andhadscannedtheSunday
realestatesectionofthelocalnewspaperforinformationontheproperty.
Findingnomentionoftheproperty
ineithertheMLSorthenewspaper
andnotingtheabsenceofasignon
The answer depends on the circumstances.
theproperty,REALTOR Bconcluded
thatR EALTOR A’smarketingstrategy
wastolimitaccesstothepropertyto
individualspreselectedbythecurrent
residents.
“Inmymind,”saidR EALTOR B,
“thiscouldonlymeanonething.
REALTOR Awasdeliberatelydiscriminatingagainsthomeseekersfromother
areas,orthosewithdifferentbackgrounds,whowouldneverhavethe
opportunitytolearnaboutthehouse’s
availability.Obviously,REALTOR A
ThefollowingcasesconcernArticle10oftheCodeofEthics,whichstates:
R EALTORS shall not deny equal professional services to any person for reawasdirectingallofhismarketingenersons of race, color, religion, sex, handicap, familial status, national origin, or
giesintofindingpurchaserswhowould
sexual orientation. R EALTORS shall not be parties to any plan or agreement to
notdisrupttheethnicandeconomic
discriminate against a person or persons on the basis of race, color, religion, sex, characteroftheneighborhood.”
handicap, familial status, national origin, or sexual orientation.
REALTOR Adefendedhisactions
R EALTORS , in their real estate employment practices, shall not discriminate
byadvisingthepanelthathewasactagainst any person or persons on the basis of race, color, religion, sex, handicap, ingonSellerX’sinstructions.SellerX
familial status, national origin, or sexual orientation.
appearedasawitnessforR EALTOR Aandconfirmedthisfact,addingthat
Case#1:Justdoingwhatthesellerasked
heandtheotherresidentsofhisblock
R EALTOR Alistedapropertyinanewsubdivision.Attheinstructionofhis hadaninformalagreementthatthey
client,SellerX,R EALTOR Adidnotfileinformationonthelistingwithhis wouldtrytofind“suitable”purchasers
board’sMLS,didnotplaceafor salesignontheproperty,anddidnotadver- fortheirhomesiftheyeverdecidedto
tisethepropertyinthelocalnewspaper.SellerXhadtoldR EALTOR Athat sell.SellerXfeltthatbybroadening
hewantedthesalehandledquietly,withthenewpurchasersbeingpeople
themarketingcampaigntoincludeall
whowould“fitintotheneighborhood—peoplewiththesamesocioeconom- residentsofthesubdivision,hehad
icbackground”astheotherresidentsofthesubdivision.
increasedthechancesoffindingsuch
BasedonhisconversationwithSellerX,R EALTOR A’sonlymarketing
potentialpurchasers.
effortwasmailingalettertotheotherresidentsofthesubdivision,inviting
ThehearingpanelfoundREALTOR them“...toplayapartinthedecisionofwhoyournextneighborwillbe.
AinviolationofArticle10oftheCode
Ifyouknowofsomeonewhoyouwouldliketoliveintheneighborhood,
ofEthics.Intheirdecision,thepanel
pleaseletthemknowoftheavailabilityofthishome,orcallmeandIwill
advisedR EALTOR Athatnoinstrucbehappytocontactthemandarrangeaprivateshowing.”
tionfromaclientcouldabsolvea
R EALTOR A’smarketingstrategycametotheattentionofREALTOR B,
R EALTOR fromtheobligationtomarwhosemotherlivedinthesubdivision.REALTOR Bfiledacomplaintcharg- ketpropertieswithoutregardtorace,
ingREALTOR AwithaviolationofArticle10oftheCodeofEthics.
color,religion,sex,handicap,familial
Atthehearing,R EALTOR Btoldthehearingpanelofreceivingacopyof status,countryofnationalorigin,or
themarketingletterfromhismother,whohadrecentlymovedtothesubdi- sexualorientation,asexpressedin
vision.REALTOR Badvisedthepanelthathehadcheckedtheboard’sMLS Article10.Therewasnodoubt,inthe
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TEXAS R EALTOR April 2012
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PHOTO © iStockphoto/Thinkstock
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panel’s opinion, that the exclusive use of “choose your neighbor” letters to market the property was designed to circumvent the requirements of Article 10.
Case #2: A letter was only part of the campaign
The ABC Board of R EALTORS received a complaint from a local fair-housing group alleging that REALTOR A was using discriminatory marketing
techniques, in violation of Article 10 of the Code of Ethics, as the listing
broker for a property in a new subdivision.
In support of their complaint, the fair-housing group provided copies of
“choose your neighbor” form letters sent by R EALTOR A to current neighborhood residents. The letters announced that the property was on the market and invited neighborhood residents to contact R EALTOR A if they knew
of anyone who they thought might be interested in purchasing the home.
At the hearing, R EALTOR A defended his use of “choose your neighbor”
form letters by demonstrating that they were just one element of his marketing campaign, and were not an attempt to restrict access to the property
on the basis of race, color, religion, sex, handicap, familial status, country
of national origin, or sexual orientation as prohibited by Article 10.
R EALTOR A produced copies of advertisements run in several newspapers, open house fliers distributed at supermarkets throughout the
town, and a copy of the property-data sheet submitted to the board’s MLS.
R EALTOR A remarked, “In my experience, the current residents of a neighborhood often have friends or relatives who have said that they would love
to live in the neighborhood. It just makes sense to me to include contacting
these folks in any marketing campaign!”
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The hearing panel found R EALTOR
A not in violation of Article 10. In their
“Findings of Fact and Conclusions,”
the panel noted that the use of “choose
your neighbor” letters is not a per se
violation of Article 10, but cautioned
that such letters could be used in a
manner inconsistent with the intent of
Article 10. If used in conjunction with
other marketing techniques and not
as a means of limiting or restricting
access to property on the basis of race,
color, sex, handicap, familial status,
country of national origin, or sexual
orientation, “choose your neighbor” letters were another method of announcing a property’s availability and attracting potential purchasers. ✯
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View the full Code of
Ethics in the Ethics section of TexasRealtors.com
or scan this code with
your phone.
The Texas REALTOR® Advantage is a collection of discounted and free
benefits, products, and services providing real value for members.
Get The Great Moving Adventure DVD and
capture and convert leads into clients for life.
It connects Texas REALTORS® with moving families – to help
them and their children deal with the challenges they face
when moving.
Free bonus! Texas REALTORS® who participate in the
Moving Families Initiative may become eligible to have your
REALTOR® membership dues reimbursed!
To take advantage, visit TexasRealtors.com/GreatMove. And when
ordering your DVDs, be sure to use the 15% discount code TAR2010.
April 2012
TEXAS R EALTOR
®
11
legal
The Real Estate License Act requires you to disclose
who you work for and inform prospective clients
how brokerages services work in the same provision.
byAbbyLee
Asanattorney,Ioftenhearthephraseplain meaningofastatute.Whatthat
means,accordingtotheU.S.SupremeCourt,isthata“legislaturesaysina
statutewhatitmeansandmeansinastatutewhatitsays.”
Simpleenough,right?
Sometimes,however,theplainmeaningofastatuteisnotso…plain.Onthe
surface,astatutemightappeartobequitestraightforward,butinpractice,it
getsalittlemessy.OnesuchprovisionintheRealEstateLicenseActhasbeen
makingR EALTORS acrossthestatescratchtheirheads:therepresentationdisclosurestatute,foundin§1101.558.
Thisprovisionrequiresyoutodisclosewhoyouworkforandwhatyoudo.
Butitswordinghasledmanyrealestateprofessionalstoconfusetheactof
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12
TEXAS R EALTOR April 2012
®
Oneisanotice,
oneisadisclosure
WhentheRealEstateLicenseAct
addressesrepresentationdisclosure
oragencydisclosure,it’sreallytalkingabouttwoseparateactions.
First,thelicenseemustprovide
bothpartieswithawrittennotice
aboutbrokerageservicesusing
languagefoundinthestatute.The
Information About Brokerage Services
form(TAR2501,TRECOP-K)can
beusedtomeetthisrequirement,
andmostlicenseesusethisform.
Thenoticemustbegivenatthetime
ofthefirstsubstantivedialogueor
thefirstsubstantivediscussionrelatingtoaspecificpieceofproperty
(notrequiredatanopenhouse).
Whiletheformofthestatement
mayvary,thetextofthestatement
mustbeinatleast10-pointtype.
Thelicenseedoesnothavetoprovidetheformifaresidentialleaseof
nomorethanayear(withnopossibilityofsale)isbeingconsideredor
ifmeetingwithapartyrepresented
byanotherlicensee.
Second,thelicenseemustdisclose
whichpartyherepresentstothe
otherparty.Thiscanbedoneeither
orallyorinwriting;however,provingthatyou’vedisclosedthisinformationwillbeeasierifit’sinwriting.Thedisclosureshouldbedone
atthetimethelicenseehasfirst
contactwithanotherpartytothe
transactionoranotherlicenseerepresentinganotherparty—inother
words,whenthebuyer’sagentmeets
thesellerorseller’sagentandvice
versa.Thereisnorequiredlanguage
forthisdisclosure.
PHOTO © Hemera/Thinkstock
One provision,
lots of confusion
disclosingtotheotherpartywho
thelicenseerepresentswiththeact
ofprovidingtherequirednotice
aboutbrokerageservicestoaclient
orprospect.
Thereisanimportantdistinction
betweenthesetwoacts.Oneisactuallyadisclosure—informationin
thatlicensee’sexclusiveknowledgeor
possession—whiletheotherissimply
anotice.ProvidingtheInformation
AboutBrokerageServicesformtoa
partyisnotthesamethingasdisclosingagencytoanothertransacting
party.Andremember,theserequirementsareapplicabletoallrealestate
transactions,notjustresidentialsales.
When do your discussions
have substance?
You’venowbeengiventhedefinition
offirstsubstantivedialogueasitrelates
totheInformationAboutBrokerage
Servicesform,butwhatdoesthedefinitionreallymean?Asmentioned
before,thestatutorydefinitionof
thistermisa“substantivediscussion
relatingtospecificrealproperty.”
However,definingsubstantivewith
substantiveisnotreallythathelpful.
Sometimesit’seasiertodefinewhat
atermmeansbywhatitdoesn’tdo.
Thefirstsubstantivedialoguecannot
occuratanopenhouseorafterthe
partieshavesignedacontractorlease
concerningtheproperty.Similarly,you
couldnothandovertheformatthe
timeyousignthelistingagreementor
thebuyer-representationagreement.
Does a link in an e-mail suffice?
Afrequentquestionwegetatthe
TexasAssociationofREALTORS is
ifprovidingalinktotheInformation
AboutBrokerageServicesformina
licensee’se-mailsignaturesatisfiesthe
requirements.Unfortunately,no.The
InformationAboutBrokerageServices
formmustbegivenatthetimeofthe
firstsubstantivediscussionrelatingto
aspecificpieceofproperty—notpassivelyplacedinthetextofane-mail.
Thechancesofapartyactuallynoticingthelinktotheformareslim.
®
Althoughitdoesn’thurttohavetheformaspartofyoure-mailsignature
orpostedonyourWebsite,youshouldhandprospectsawrittencopyofthe
InformationAboutBrokerageServicesformatthetimeofthefirstsubstantive
dialogueandhavethemsignit—evenifthey’vealreadyreadit.
Whileatfirstglance,representationdisclosureseemsfairlystraightforward,undercloserinspection,itcanleadtoconfusion.Thebottomlineis
ifyouunderstandthedifferencebetweendisclosingwhoyourepresentto
anotherpartyandprovidinginformationaboutbrokerageservicestoaclient
orprospect,itwillhelpmaketheplainmeaningofrepresentationdisclosurea
littleplainer.O
Abby Lee is associate counsel for the Texas Association of REALTORS ®.
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April2012 TEXAS R EALTOR ®
13
Financing Paragraph of the contract. Other agents attempt to use Special
Provisions to try to revise the contract—behavior that meets the definition
of unauthorized practice of law. That type of activity can lead to a TREC
violation or litigation.
What would be acceptable to record in Paragraph 11? The fact the seller will
plant grass prior to closing or will leave cans of touch-up paint for the buyer.
by Lori Levy and Marty Kramer
P
roperly used, a real estate contract spells out who is responsible for what. It defines when key
actions must occur. The contract keeps
all parties on track toward a successful
closing.
Make a simple mistake, though, and
that same instrument can create confusion, derail a deal, and even be the
basis for a lawsuit.
Here are some of the most common
errors and how you can avoid them.
Don’t misuse Special Provisions
Want to make sure you’re using the
Special Provisions Paragraph properly?
Don’t write anything in it.
While that’s a bit extreme (there are
times to properly use Paragraph 11),
you should only write into Special
Provisions factual statements and business details related to the sale. Be careful, though; even sticking to facts and
business details won’t guarantee compliance. Including factual statements
or business details addressed in some
other form promulgated by TREC is a
violation of commission rules.
For example, some agents write into
Special Provisions that the buyer can
terminate the contract if problems
arise with the appraisal. However,
those details are already covered in the
14
TEXAS R EALTOR
®
April 2012
®
Understand who pays for the survey
When box 1 is checked in Paragraph 6C, the seller is responsible for furnishing an existing survey. If the seller can’t find the survey within the
specified time period, the seller must pay for a new one.
However, many agents, buyers, and sellers get confused by the last sentence of Paragraph 6C(1), which states: “If the existing survey or affidavit
is not acceptable to Title Company or Buyer’s lender(s), Buyer shall obtain
a new survey at
Seller’s
Buyer’s expense no later than 3 days prior to
Closing Date.” They believe that a checked Buyer’s box means the buyer
must pay for a new survey if the seller can’t find an existing survey.
Read this section carefully. Those boxes only come into play if the seller
provides an existing survey that doesn’t meet the requirements of the title
company or lender. If the seller can’t furnish a survey at all, though, he is
on the hook to pay for a new one.
Don’t “specify” generic repairs
The buyer has to accept the property in its present condition or write into
Paragraph 7D(2) specific repairs and treatments that the seller will complete
at the seller’s expense. Note that the contract calls for specific repairs and
treatments. The Acceptance of Property Condition provision even warns
against inserting general phrases, such as “subject to inspections.” Yet,
agents continue to do exactly that.
Paragraph 7D(2) should only be checked if the buyer already knows
repairs he wants the seller to perform, like fi xing a fence or a hole in the
wall that the buyer observed before an inspection even took place.
For buyers concerned about buying a property “as-is,” you can explain
that the option period still gives them an opportunity to negotiate repairs
PHOTO © iStockphoto & Stockbyte/Thinkstock
How to avoid common
missteps that put you and
your transactions at risk.
Don’t attempt to create a lease-purchase agreement from separate
lease and purchase contracts
The existing TREC and Texas Association of R EALTORS forms do not
address a lease-purchase agreement. When you try to use them for that purpose, you’re once again venturing into the unauthorized practice of law.
Nevertheless, some agents try to tie TAR’s Residential Lease to TREC’s One
to Four Family Residential Contract. This creative attempt does not capture
the details required for the desired transaction.
If the parties want to enter into a lease-purchase agreement, they should
hire an attorney to draft a contract.
Agents working on a lease-purchase transaction sometimes ask if they
can simply create separate lease and sales contracts. You can but shouldn’t.
The forms would indeed be separate. So, a buyer who doesn’t perform under
the terms of the lease would still have a valid sales contract to purchase the
property—something most sellers would not appreciate.
withanamendment.Iftheycan’tcometo
termsforrepairstheyinsiston,theycan
terminatethecontractbeforetheiroption
expires.
Contract FAQs
Find answers to dozens
of contract questions in
the Legal FAQ section of
TexasRealtors.com.
Still have questions?
Call the Texas Association
of REALTORS® Legal Hotline
at 512-480-8200.
Don’t assume the Broker Information
section constitutes an agreement
between the brokers
Thelineonpage9oftheOnetoFourFamily
Contractthatincludesablankfortheamount
ofthetotalsalespricethelistingbroker
agreedtopaytheotherbrokerisinformationalonly,notacontractbetweenthebrokers.It
isintendedtoinstructthetitlecompanywhat
thelistingbrokerhasagreedtopaytheother
brokerandauthorizesthetitlecompanyto
paytheotherbrokerdirectlyatclosing.
Theagreementtopaymustexistsomewhereelsetobeenforceable.Typically,that’s
throughtheMLS,wherelistingbrokersmust
specifythecompensationbeingofferedto
cooperatingMLSparticipants.Thatoffer
constitutesanunconditional,unilateral
offerthatbecomesacontractbetween
thebrokerswhenasellerandabuyer
executeapurchasecontractandthe
cooperatingbrokeristheprocuring
caseofthatsale.
ItisapotentialCodeofEthics
violationforacooperatingbrokertoinsertadifferentamount
ofcompensationintheBroker
InformationParagraphthanwhat
wasstatedintheMLSoffer.
Contractscreateafoundation
foragreementsbetweenbuyers
andsellers.Makesureyouuse
themproperly,soyourclients
andcustomerscancompletethe
transactiontheyenvisionwhile
youstayoutoftrouble.O
Lori Levy is general counsel,
and Marty Kramer is director of
communications for the Texas
Association of REALTORS ®.
April2012 TEXAS R EALTOR ®
15
Help them help themselves
How you can encourage sellers to improve their
homes’ appeal inside and out.
Lynda Conway with JB Goodwin,
REALTORS ® in Austin says she invites a
licensed interior designer to visit with sellers. “She goes in and tells them what
needs to be done,” Conway says. “It seems
that she can tell them and they obey.”
by Jaime Kilpatrick
M
ost homes on the market need a few improvements to look their
best. Even small updates can mean a greater return for the seller.
Plus, listing a home that shows well saves you time and resources
and makes your job marketing and selling the home easier.
So, how do you start that conversation?
A good first step is to talk with your client and see how she feels about
making changes before putting the home on the market. You can
offer sellers advice, but whether they take action may depend on
how you approach the topic. Here are a few suggestions for getting
a commitment to act so everyone benefits.
Show and tell
Maybe your clients need to see how
minor enhancements improve a buyer’s
impression of the home. Showing these
changes from a buyer’s perspective often
persuades people to act … whether that
means simply picking up a paintbrush
or putting on a new roof.
Wendy Ague with Coldwell Banker D’Ann
Harper, REALTORS ® in Universal City takes
a see-for-yourself approach. “I like to
Check it off
After you recommend ways a seller can improve how her home
shows, try following up with a direct approach. Some Texas
R EALTORS give their sellers an actual list of projects to complete
before putting their home on the market … the more specific,
the better.
®
show them photos of a home where pictures were taken before the clutter was
removed and then how good it looks after
all of it was removed,” she says. “They
usually get the picture real quick.”
“I like to suggest that if they have never
“My sellers receive a checklist to complete before the launch date,” says
Carol Schimschat of Bentwood Realty in Waco, who provides simple but
specific tasks for clients to accomplish prior to showing their house.
visited a model home, they can go see
what one is like either in person or
online,” says Trish Koehn with Hart Land
Real Estate in La Grange. “That way, they
Carolyn McCoy Jones with Coldwell Banker Bob King Realty in
Cleburne says she has a handout that tells sellers things to do to
get the picture of what type of marketable
atmosphere we are striving for.”
and it is not like you said it yourself.”
Call in a professional
People are more likely to take advice from someone
who’s an expert in his field. Your sellers may respond
to advice from a professional who can help them
see the value of readying their home for scrutiny
by potential buyers.
“I like to address interior issues by offering a
stager’s services to my clients,” says Kimberly
McCampbell of Real Living Houston Home
Sales. “The need to declutter and sugges-
Remember the big picture
Clients may not immediately understand why you’re asking them to spend
money on a house they are selling. You
can remind them that it’s in their best
interest to invest a little time in making
improvements … something Caroline
Frenette, an agent with RE/MAX DFW
Associates in Flower Mound, says
works for her. “Simply put, I just let
them know if they do those things,
their home will sell for more money
and sell quicker.” ✯
tions as to what to remove always are better
when they come from another professional
rather than from the listing agent.”
16
TEXAS R EALTOR
®
April 2012
Jaime Kilpatrick is assistant editor for the
Texas Association of REALTORS ®.
PHOTOS © Ron Chapple Studios & iStockphoto/Thinkstock
sell their home. “When it’s in writing, it’s easier to remember,
TexasRealEstate.com
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TexasRealEstate.com is the official
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And your profile is not only linked to
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Just sign in to TexasRealtors.com and
click on Account/profile settings to get
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2012 Texas REALTORS
Winter Meeting
®
A recap of awards and other
happenings from Austin
this February.
T
he 2012 Winter Meeting concluded Feb. 28 with the Board of
Directors Meeting. That session was the last of more than 100 events
over five days attended by almost 1,200 Texas R EALTORS —an attendance record. The attendees conducted association business in committee meetings, learned from industry experts, heard from elected officials,
earned MCE credit, networked, and honored their peers’ achievements.
In addition to the happenings pictured on the following pages, the Texas
Association of R EALTORS Board of Directors took care of some business at
its meeting:
• Elected the following officers for 2013: Chairman Shad Bogany,
Chairman-elect Dan Hatfield, and Secretary/Treasurer Scott Kesner.
• Approved the elections of the following regional vice presidents: Scott
Allison, Region 2; Tony Sims, Region 3; Larry Millson, Region 4;
Sharon Williamson, Region 5; Warren Ivey, Region 6; Mark Hampton,
Region 7; Phyllis Young, Region 8; Andy Hemmings, Region 9; Tray
Bates, Region 11; Rebecca Connatser and Mary Pat Coco, Region
12; Barbara Tarin, Region 13; Margie Dorrance, William Jones, John
Nichols, and Robert Cook, Region 14; and John Horton, Region 15.
®
18
TEXAS R EALTOR
®
April 2012
PHOTOS BY JENNIFER IDOL
®
State Rep. Burt Solomons gives an
update on Texas congressional redistricting at the Governmental Affairs
Forum.
At the Governmental Affairs Forum,
Congressman Randy Neugebauer
explains how the country’s housing
policy will be shaped by the federal
budget, regulatory reform, GSE reform,
and monetary policy.
Before his comments at the Governmental Affairs Forum expressing support
for getting foreclosure inventory back on the market, Congressman Lloyd
Doggett poses with 2012 TAR leaders: from left, CEO Travis Kessler, Chairmanelect Shad Bogany, Doggett, Chairman Joe Stewart, Secretary/Treasurer Dan
Hatfield, and Immediate Past Chairman Dwight Hale.
Matt Fagioli, founder of the Xplode Conference, welcomes attendees before
introducing the first speaker for the day-long real estate technology event.
From left, Mark Dotzour, chief economist at the Real Estate Center at Texas
A&M; Douglas Foster, commissioner of the Texas Department of Savings and
Mortgage Lending; and Jed Smith, director of quantitative research at NAR,
take questions about the Texas economy during the Opening Session.
Tom Salomone, 2012 director of
REALTOR® Party activities for NAR,
encourages Winter Meeting attendees
to come to Washington, D.C., for the
REALTOR® Rally in May.
April 2012
TEXAS R EALTOR
®
19
2 012
T E X A S
R E A LT O R S
®
W I N T E R
M E E T I N G
Candy Cooke
Educator of the Year
“I am absolutely thrilled to
have gotten the award,”
says Cooke of Buchanan
Dam. “Teaching is my passion. I’m just blown away
... I really am. I think it’s
so important for all Texas
REALTORS ® to get education, and that’s why I’m
passionate. I’m going to
bring them the best education I can. My teaching is
at the quality it is because
of TAR and my mentor, Pat
Strong.”
Cooke accepts the
award alongside her husband, Michael.
Andrea Cooksey
Texas REALTOR Hero Award
®
Amy DuBose
Tom D. Morton Award
As association executive for the San Marcos Area Board of REALTORS ®,
Amy DuBose says she appreciates being chosen to receive the award
for the top association executive in Texas. “It is a huge honor to be
nominated by my association and then selected by my peers,” she says.
“Those facets of the process make it more special.” DuBose says she
encourages new AEs to trust their instincts when working to make
improvements. “Don’t be afraid to reach out and ask for help from
your association members, TAR, or other AEs if you need it,” she says.
DuBose is joined on stage by her family, from left: father-in-law,
Ronnie; mother-in-law, Sandy; husband, Cody; son, Cullen; DuBose;
mother, Brenda; and father, Jesse.
20
TEXAS R EALTOR
®
April 2012
”It’s a real honor to even be considered. I’m still pinching myself,”
says Cooksey of Houston after
receiving the 2011 Texas REALTOR®
Hero Award for her work promoting and advancing homeownership
in Texas. “For more than 30 years,
I have worked in the affordable
housing market and with families
who didn’t believe they could
own a home. It’s up to us as Texas
REALTORS ® to show them that there
are tools available to help, and it’s
not that difficult.”
Cooksey says education about
equal-housing opportunities is
vital—both for REALTORS ® and for
the public. “Our job is never done.
We need to continue to publicize
what is available because education is key. Once we educate people on what is available to them,
their options are endless.”
TREPAC Investors Breakfast
Golden R Investors ($5,000+) and RPAC Hall of Famers ($25,000+)
Pictured above: back row, from left, Travis Kessler, Charles McMillan, Dwight
Hale, Kaki Lybbert, Mark Minchew, Bill Jones, Leslie Smith, Sharon Harrison,
Vicki Fullerton, Alvin Collins, Rich Thomas, John Molyneaux, John Eckstrum;
front row, from left, Mario Arriaga, Ronda Needham, Eloise Eriksson Martin,
Martha Dent, Mary Frances Burleson, Scott Kesner
Not pictured: David Acosta, Richard Aguilar, Mike Brodie, Virginia Cook,
Raymond “Skeet” Doss, Bill Evans, Richard Filip, DeLaura Gammage, Julie
Greenwood, Bob Hale, Randy Jeffers, Lance Lacy, Elizabeth Leal, Don Mahan,
Benny McMahan, Dwight “Gooley” Orr, Hanne Sagalowsky, Christine Seidel,
Tom Stacy, George Stephens, Wayne Stroman, Bill Watts, Kay Weeks, Andrew
White, Mark Willis, Edward Wolff, Avis Wukasch
Texas Sen. Kevin Eltife accepts
the Texas REALTOR® Legacy
Award for his support of the
real estate industry from 2012
Chairman Joe Stewart.
Four categories of Education Programs
of the Year were recognized at the
Awards Luncheon. From left, the
Legal award went to Houston, the
Marketing award went to MetroTex,
the Series or Short Program award
went to Austin, and the Innovation
award went to San Antonio.
TREPAC award winners
Quota Amarillo, Arlington, Bandera
County, Bryan-College Station, Collin
County, Greater El Paso, Kingsville,
Navarro County, Pampa, Permian Basin,
San Antonio, San Patricio, Victoria,
Wichita Falls
Total dollars raised Amarillo,
Greater El Paso, Houston, Kingsville,
Pampa, Permian Basin, Victoria
Participation Amarillo, Arlington,
Bandera County, Borger, Coastal Bend,
Collin County, Greater El Paso, Highland
Lakes, Levelland, Lufkin, Kingsville, New
Braunfels/Canyon Lake, Odessa, San
Antonio, San Patricio, Williamson County
Omega Tau Rho recipients, from left,
John Horton, Esther Lemieux, Becky
Hill, Pat Szot, and Scott Caballero. Not
pictured: Nancy Furst.
April 2012
TEXAS R EALTOR
®
21
2 012
T E X A S
R E A LT O R S
®
W I N T E R
M E E T I N G
Avis Wukasch, 2011 Texas REALTOR® of the Year, is joined by her family, from left, Amoret (sister), Jenny
(daughter), Elnora (mother), Clyde (brother), Wukasch, G.G. (brother-in-law), Harry (husband), Kelli (son’s
girlfriend), Scott (son), Anna (front, Kelli’s daughter), Shan (back, nephew), Crissy (niece), Andy (nephew),
Camille (sister), and Scotty (brother-in-law).
Members of the Collin County Association of REALTORS ®
accept the Governmental Affairs Outstanding
Achievement Award.
22
TEXAS R EALTOR
®
April 2012
Immediate Past Chairman Dwight
Hale, center, accepts a white tail at the
Board of Directors Meeting to commemorate the mispronouncing of his
first and last names.
2011 Texas REALTOR of the Year
®
Avis Wukasch
A
vis Wukasch had a lot on her mind. She’d just finished a Texas Real
Estate Commission meeting—she’s chairman of the commission—
and was making her way to the STARs Reception, where the Texas
R EALTOR of the Year is announced and other award winners are honored at
Winter Meeting.
“I was still focused on what had happened at the meeting and not really
thinking about anything else,” says Wukasch. “I was absolutely and totally
shocked. I hadn’t thought about the award at all.”
Given the ovation she received when her name was announced as the
Texas R EALTOR of the Year, Wukasch may have been the only person in the
room who hadn’t considered her for the award.
®
®
my brother, my sisters—and my husband, Harry, for his support,” Wukasch
says. “It’s probably politically incorrect
to say, ‘I’d like to thank God’ … but I’m
going to say it anyway.”
Every role at every level
Just in the real estate industry alone,
Wukasch has volunteered much of
her time. At the state level, she’s been
chairman of the Texas Association
of R EALTORS , chaired the TREC
Broker-Lawyer Committee, served on
the governor’s task force on appraisal
reform, chaired the Texas Association
of R EALTORS PAC, served on numerous other committees and task forces,
and taught MCE and prelicensure real
estate courses. She’s also spent countless hours working at her local association, Williamson County, including
serving as its chairman twice.
Currently, Wukasch serves as NAR
Region 10 Vice President and chairman
of the Texas Real Estate Commission.
®
Father knows best
Wukasch has seen the real estate industry from just about every angle:
salesperson, broker, developer. At the urging of her father, a R EALTOR in
Collin County, she went active as a salesperson in 1980 and earned her broker’s license two years later. “My dad tried to get me to pursue real estate
for a long, long time,” she recalls. “I didn’t go down that path right away. I
had to find it my own way.”
Now she’s team leader at Keller Williams Realty, Williamson County
Market Center, where she manages a staff of 11 and oversees 250 agents.
®
Making a difference
“This award, I think, is confirmation that I’m helping people grow,”
Wukasch says. “And my goal is to make a difference in the lives of others in
a major way. Maybe I’ve done that for a few people.”
Making a difference has always been a big part of Wukasch’s life. She
learned from an early age that there was more to life than income-producing
activities. “My mother did a lot of volunteer work for the church,” she says,
“and my dad was president of the Collin County Association of REALTORS in
the sixties, and he was in Lions Club and doing all kinds of volunteer work.”
She’s a proponent of servant leadership—running an organization
through teamwork and consensus and community rather than top-down,
autocratic decisions.
“I’d like to thank my family for modeling servant leadership—Mom, Dad,
®
®
The next step
So, what’s next for Avis Wukasch?
“I don’t really know,” she says. “I’m
seeking guidance on what is the best
path to make a difference in the lives
of others.”
It seems like she still has a lot on
her mind. ✯
April 2012
TEXAS R EALTOR
®
23
Fair enough?
Though equal housing
opportunities have
improved, there’s still
work to be done.
by Gordon Anderson
®
What specifically is covered?
The act covers the majority of all
housing activities in this country. It
is a violation of the Fair Housing Act
for an individual to take any of the
following actions based on the protected classes of race, color, national
origin, religion, sex, familial status,
or handicap:
• Refuse to rent or sell a home
• Refuse to negotiate for a home
• Make a home unavailable
• Deny a home
• Falsely deny that a home is
available for inspection, sale,
or rental
• Persuade, for your own personal
24
TEXAS R EALTOR
®
April 2012
benefit, an owner to sell or rent
to a particular buyer
• Set different terms, conditions,
or privileges for the sale or rental of a home
• Provide different housing
services.
Even good intentions can
violate the law
No one wants to think of himself
as a bad person, let alone someone
who knowingly breaks the law. You
probably view yourself as a Texas
R EALTOR who goes the distance to
help your clients.
Even with the best intentions,
though, you can potentially find
yourself in hot water by being too
helpful. How is this possible? By
answering questions without first giving proper consideration to how the
act should influence your response.
For example, let’s say your client,
a buyer, asks a series of provocative
questions:
• So, what sort of people live in
this neighborhood?
• What is the racial makeup of
this part of town?
• Are there high-quality schools
in the area? You know what I
mean, right?
• Tell me … would you live in this
neighborhood?
®
Or, consider a seller client who
insists that you:
• Advertise in a geographic area
populated by a certain ethnic
group
• Promote the listing in media
that only serve a particular religious audience
• Limit advertising to sales offices
in communities that cater to
those of a particular national
origin.
A complaint or lawsuit could actually be filed based on how you
responded to questions or requests
just like these. Seemingly innocent
comments—not just critical ones but
NAR, HUD extend protection
to new groups
The U.S. Department of Housing
and Urban Development announced
new regulations effective March 5
that prohibit discrimination in HUD
programs based on sexual orientation
and gender identity. These new protections were added without amending the Fair Housing Act.
In 2011, the REALTOR® Code of
Ethics was amended to prohibit housing discrimination based on sexual
orientation in addition to the seven
classes named in the Fair Housing Act.
NAR’s Diversity Committee will discuss
revising the Code to mirror the new
HUD rules at the Midyear Meetings in
Washington, D.C., in May.
PHOTO © iStockphoto/Thinkstock
W
ith no Charlie Brown
television special or
marketing blitz from
Hallmark to remind us, Fair Housing
Month can come and go without
much notice. The reason R EALTOR
associations and other groups continue to spread the word about Fair
Housing Month throughout April is
that, despite many positive strides
in this area, too many Texans still
struggle to secure the housing of
their choice.
This may be due at least partly to
the fact that many people simply do
not know or understand their rights
under the Fair Housing Act.
Classes for homebuyers
Find a list of homebuyer-education
providers from the TDHCA at
TDHCA.state.tx.us/texans.htm by
selecting the Homebuyer Education
button and entering a city or county.
complimentary comments, too—regarding a neighborhood and its characteristics can leave you exposed to claims of discrimination.
Likewise, targeting specific audiences for potential buyers may also leave
you vulnerable to legal action.
What should you do?
Never give an opinion or perform any activities that may highlight the
racial, religious, or ethnic composition of a given neighborhood. Instead,
inform your client that you cannot honor any housing preference that puts
you in the position of restricting the home search.
Never attempt to influence your client’s housing choice or marketing
preference with general comments about a protected class—positive or negative—regarding a neighborhood school. Don’t offer an estimate of the racial,
religious, or ethnic composition of its students, either. Instead, encourage clients to contact the school directly or another source of factual information.
Despite your desire to be as helpful as possible, you should not answer
any question in a manner that reflects your own personal choice among
homes or neighborhoods. The same applies to your marketing activities if
there is any consideration to any protected class. Doing so may give someone the impression that you are attempting to influence the selection of a
home on a basis that may violate the Fair Housing Act.
Education is the key for professionals and the public
Ultimately, having a strong understanding of the Fair Housing Act is your
best method to avoid trouble. In some cases, your clients may know as
much as or more than you.
The Texas Department of Housing and Community Affairs, as the state’s
lead agency in promoting homeownership, is committed to fair-housing
choice. One way the TDHCA demonstrates this commitment is through
education, as it believes that all Texans benefit from a greater understanding
of the Federal and Texas Fair Housing Acts.
A primary example is the TDHCA’s Texas Statewide Homebuyer Education
Program (TSHEP). The TDHCA launched this education program in 1999
to ensure uniform, quality homebuyer education is provided to prospective
buyers throughout the state.
Through this program, the TDHCA and partner NeighborWorks America
train and certify individuals in a wide variety of topics relating to the homebuying process. These groups then provide homebuyer-education classes to
potential buyers in their communities.
The program currently has a network of 145 certified education providers, most of them local nonprofit organizations striving to improve the quality of life for the residents of their community.
Classes for you
The Texas Affordable Housing Specialist
(TAHS) certification trains Texas REALTORS ®
to help first-time and underserved
homebuyers. Visit TexasRealtors.com
(Education > Affordable housing) to learn
more about this 12-hour MCE program.
Fair housing is a critical part of the
TSHEP curriculum. In addition to
covering consumer-rights topics such
as fair credit reporting and fair debtcollection standards, these courses go
a long way toward informing clients
of their rights, helping eliminate historical barriers to affordable housing
and homeownership, and ensuring the
accessibility of housing and services
for persons with disabilities. They also
provide homebuyers—especially lowincome and first-time buyers—extensive pre- and post-purchase information and counseling.
Education is mandatory for
some, available to all
Homebuyers receiving assistance
through the TDHCA must participate
in some type of homebuyer-education
class, although it does not have to
be certified by the TDHCA. Anyone
interested in learning more about the
homebuying process may take a course
through TSHEP.
The bottom line is that there are
multiple facets to the Fair Housing Act,
and all real estate professionals should
be familiar with it to ensure compliance and greater housing choice for
all people. ✯
Gordon Anderson is senior communications
advisor at the Texas Department of Housing
and Community Affairs.
April 2012
TEXAS R EALTOR
®
25
Minorities are a key to your success.
by Michael Soon Lee
F
annie Mae’s latest National Housing Survey shows that Hispanics
and African-Americans have a more positive outlook about
homeownership than the general population. While 34% of
Hispanics and 35% of African-Americans say they plan to purchase a
home in the next three years, less than one-quarter of other Americans
are thinking of buying a home in that time frame. Asian-Americans also
continue to remain strong in their belief in homeownership.
If those stats don’t grab you, consider this: More than one-third of all
Americans are minorities, and the U.S. Census Bureau estimates that
they will be the majority by 2050. Texas is already a “majority-minority”
state. These could be your clients … if you know how to interact with
people from other cultures and meet their unique needs. Unfortunately,
it’s easy to unintentionally insult a customer from another culture, often
within seconds of meeting that person.
Don’t ignore differences
If you are willing to adjust your practices to meet the customs and
norms of people whose culture is different from your own, you can take
advantage of the tremendous opportunity to sell more homes. However,
you must first get past many myths and misunderstandings.
One of those myths is that customers only want to work with an agent
from their own culture. That’s usually not the case, as long as they are
treated with respect and patience. In some situations, minorities deliberately seek out agents from outside their culture. For example, some
Asians and Hispanics are concerned that if they share personal financial
information with someone from their culture, their financial standing
might get spread around their community.
Also, most real estate agents make the mistake of ignoring their clients’ culture. Instead, they try to treat everyone the same. This would be
the equivalent of handing a blind person a real estate brochure to read,
because that’s what you do with all of your other clients. However, any
reasonable agent would adjust her practices to meet the needs of a blind
client, just as you should do with all of your clients.
In the same way, you must adjust the way you treat clients from other
cultures by finding out about their backgrounds. One way to do that
might be to ask them where their ancestors are from. You’ll discover that
they’re likely to be very specific, because people are usually proud of
their country of origin, its language, food, and sometimes religion. Even
26
TEXAS R EALTOR
®
April 2012
Negotiation means different
things to different cultures
One of the most frustrating aspects
for many agents when dealing
with clients from other cultures is
their tendency to negotiate almost
every aspect of a real estate transaction. This can be frustrating to
Americans, because we are a nonnegotiating culture, where haggling
takes place only over the largest
purchases, like houses. Hispanics,
Asian-Americans, and Middle
Easterners come from bargaining
cultures, where everything is negotiated all day long. Furthermore, in
many places around the world, signing a contract does not end negotiations but rather signals their start.
Developing a diverse customer
base takes more than simply printing brochures in different languages.
It requires a long-term commitment
and a willingness to adjust business practices to meet the special
circumstances of minorities in your
country. You can bridge this gap
and increase sales to a multicultural
market by educating yourself on the
differences. ✯
Michael Soon Lee, CRS, GRI, has been
a broker for more than 30 years and is
the author of Opening Doors: Selling
to Multicultural Real Estate Clients. He
is a nationally recognized speaker and
consultant who has spoken at 10 NAR
conventions and numerous other real
estate conventions. He can be reached
at 800-41-SPEAK, and his Web site is
EthnoConnect.com.
PHOTO © iSTockphoto/Thinkstock
Look beyond fair housing
for people born in the United States,
their ancestry can still influence
their buying behaviors for generations to come.
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presidential primary, and bitter
partisan divisions …
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Contributions are not deductible for Federal income tax purposes. Contributions to the Texas Association
of REALTORS® Political Action Committee (TREPAC), the Texas Association of REALTORS® Federal
Political Action Committee (TAR FedPAC), and the REALTOR® Political Action Committee (RPAC) are
voluntary and are used for political purposes. The amount indicated is merely a guideline, and you
may contribute more or less than the suggested amount. The Association will not favor or
disadvantage anyone by reason of the amount of their contribution, and you may refuse to contribute
without reprisal by the Association. TREPAC initially receives each contribution, and a percentage is
transmitted to RPAC via TAR FedPAC to meet TREPAC’s RPAC annual quota. RPAC supports
Federal candidates with those contributions which are charged against your limits under 2 U.S.C.
441a. The percentage forwarded to national RPAC each month may be obtained by contacting the
TAR FedPAC administrator at 800-873-9155. April 2012
TEXAS R EALTOR
®
27
Speak the same language
Understanding body language can help you make a great
impression and get a better sense of your clients’ needs.
bySummerMandell
T
hereareplentyofnonverbal
cuesthatshowclientsyou’reon
theirsideorthatcanhelpyou
assesstheirfeelings.JanineDriver,body
languageexpert,speaker,andauthor
ofYou Say More Than You Think,offers
heradviceforusingandobservingbody
languagefromheadtotoe.
Expressyourself
Payattentiontowhatyourbodylanguageissaying.
Keepalevelhead.“Ifyourchinis
abovelevel,you’reseenasifyou’re
lookingdownyournoseatsomeone,”
saysDriver.Keepyourheadleveland
inthemiddleofyourshoulderswhen
speakingwithaclienttocommunicate
confidence.
Avoidacoldshoulder.Reaching
outyourarmtothesidewhileshaking
handsresultsinacoldshoulder.Instead,
useDriver’s“bellybuttonrule”—meaningthatwefaceourbellybuttontoward
peoplewhowelike,admire,andtrust—
andshiftyourbodysothatyourbelly
buttonisfacingyourclient.
le
t wisely. Whi
tip : Use don’
ill
st
u
Bonusverbal
yo
t,
an
ge is import
body langua
you verbally
ock of what
st
n.
ke
should ta
t with cautio
e word don’
th
e
us
d
’t
an
say
say ‘don
ar when you
“What we he
about it,’”
ry
or
‘w
is
that ’
worry about
k for you
or
ake don’t w
Driver says. M
my word
ke
ta
’t
say, “Don
evious cliand instead
pr
terview my
in
n
ca
u
yo
;
for it
the best.”
’ll tell you I’m
ey
th
d
an
ts
en
28
TEXAS R EALTOR April 2012
®
Chooseyourbestside.Peoplepreferbeingoneithertheleftorrightside
wheninproximitytoothers.It’snotrelatedtohandedness,andthepreferencecanchangeovertime.Trystandingondifferentsidesofyourclient
andobservehisactionstoseewhichsideisfavored.
“Didtheyopenup?”asksDriver.“Didtheytalktoyoumore?Didthey
smile?Didtheycloseup?Didtheirhandsgointheirpockets?”Don’tforget
tomakeanoteofyourclients’preferencesforfuturereference.
Standyourground.AccordingtoDriver,thosewhostandwiththeirfeet
lessthansixinchesapartareseenastall,skinnycandlesthat,whentheir
tableisbumped,falleasily.Standingwithlessdistancebetweenyourfeet
cansaythatyou’reapushover.Standingwithyourfeetmorethansixinches
apartisseenasbeingashort,fatcandle—notaseasilybumped.Thisstance
expressesconfidenceanddependability.Butbeware—itcanalsosayyou’re
opinionated.
“Myrecommendationistofollowthestanceofthepersonwhoyoubelieve
isgoingtomakethedecision,”saysDriver.“Differentclientswillwantadifferentversionofyou.”Snapafewphotosofyourselftoseehowyou’lllook,
soyou’llfeelmorecomfortablewhenyoutakeastancewithothers.
Copy the
stance of the
decision-maker.
Find a
person’s
favorite side.
Get
people
moving !
What are they saying?
thedoor.Ifyounoticeashiftlike
this,it’stimetoaskquestionsto
addresspotentialissues.
Hearwhatothersaretellingyouwiththeirbodylanguage.
Determine your clients’ baseline. Themostimportantrulewhen
readingbodylanguageistodeterminehowsomeonenormallybehaves,
knownasherbaseline.Driversayscrossingyourarms—bodylanguage
thatiscommonlyinterpretedasnegative—isn’talwayssobadifit’spart
ofsomeone’sbaselinebehavior.Insteadofeyeingallmovements,lookfor
changesinbehaviorsyounoticedduringrapportbuilding.So,ifyou’ve
gotaclientwhonormallyspeakswithhishands,andhesuddenlyputs
theminhispockets,youmighthaveaproblem.
Spot microexpressions. Amicroexpressionisquickandhardertospot;
agoodexampleisanosewrinkle.Thismeansdisgust,andthoughyourclientmightsayshelikesaproperty,anosewrinklecouldindicateotherwise.
Pay attention to the belly button rule. Inthesamewayyoufaceyour
bellybuttontowardthoseyoulikeortrust,yourclientdoes,too.Ifyou
bringupasorespot,suchasalowersellingpricethansheanticipated,
Driversaysyourclientmaysayit’sOKbutturnherbellybuttontoward
Look for
nonverbal
cues.
Keep your
chin level!
Summer Mandell is assistant editor for TAR.
Bonus verbal
tip: Don’t th
ink you can
read minds.
When you no
tice negative body lang
uage, Driver
suggests
saying, “May
be I’m wrong
here, but
it seems to m
e that there’
s something
you’re not ha
ppy about.”
The client
may not real
ize it at first,
but by asking, you’re cr
eating an op
portunit y to
discuss concer
ns.
PHOTO © iStockphoto/Thinkstock
Identify
baseline
behavior.
Face toward people
you like ... it’s the
“belly button rule.”
Avoid a shutdown.Noticethat
yourclient’sbaselinehaschanged,
andnotinagoodway?Gethimup
andmoving.“Whenpeopleclose
up,youneedtomovetheirbodies.
Whenyoumovepeople’sbodies,you
movetheirminds,”saysDriver.Show
yourclientsafeatureinanother
roomofthehousethatyou’retouringoraskthemtoaccompanyyou
toaconferenceroominyouroffice.
Theactofmovingdecreasesstress
andanxietyandhelpseveryonetake
theirmindsoffatensesituation.O
What
did I miss?
April2012 TEXAS R EALTOR ®
29
we’ve been around almost as long as this guy
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30
TEXAS R EALTOR April 2012
®
Stewart Title Guaranty Company ................... back cover
Texas R EALTORS ® University ............................................ 9
TexasRealEstate.com ................................................... 17
Texas R EALTOR® Advantage ...........................................11
TREPAC ....................................................................... 27
real iq
Test your
Texas IQ
Brush up on your
state knowledge.
There’s plenty of fact and fiction floating around about
the Lone Star State. Whether you’re helping a client who
recently moved here or just want to impress your friends,
find out if you’re up to speed on your Texas trivia.
1. True or false? It’s
against the law to
pick the state flower,
the bluebonnet.
2. True or false? Texas gained
more people than any other
state between April 1, 2010,
and July 1, 2011.
3. The Texas state motto is:
a. peace
b. friendship
c. pride
d. liberty
4. Six national flags have flown over
Texas since the original Spanish
expedition, including Spain and
Mexico. Which of these flags has
not flown over the state?
a. France
b. Confederate States of America
c. Republic of Texas
d. Germany
PHOTOS © iStockphoto, Liquid Library, & Hemera/Thinkstock
ANSWERS
5. When a new resident moves
to Texas, she must register her
vehicle in 30 days and get a
driver’s license in 90 days. Put in
order the steps she must take to
become a legal resident:
a. Apply for a Texas driver’s
license at the nearest
Texas Department of Public
Safety office.
b. Take vehicle proof of ownership
and insurance to the county
tax assessor-collector’s office
for license plates and vehicleregistration stickers.
c. Pass vehicle state inspection
and applicable county
inspections and obtain a
verification form.
d. Surrender out-of-state
driver’s license and provide
a thumbprint to the
Texas Department of Public
Safety office.
6. True or false? There is a $90 newresident tax on vehicles.
7. Which of these is not an official
Texas symbol?
a. jalapeño
b. longhorn
c. hummingbird
d. monarch butterfly
8. In which year was Austin chosen
as the state capital of Texas?
a. 1836
b. 1839
c. 1840
d. 1846
9. True or false? The Texas Capitol is
the largest in gross square footage
of all state capitols.
10. True or false? A Texas resident
who is registered to vote is always
registered, even if he moves to a
new county.
Find resources for people relocating to our state by searching Moving to Texas on TexasRealEstate.com
1. False. There are no laws against picking
these wildflowers. However, there are
laws against damaging or destroying
rights-of-way and government property,
so don’t drive your vehicle onto a median
or dig up clumps of flowers.
2. True. The U.S. Census Bureau reported
last December that Texas gained 529,000
people in this time period, followed by
California, Florida, Georgia, and North
Carolina. California remains the most
populous state, but Texas is second ahead
of New York, Florida, and Illinois.
3. b.
4. d.
5. c, b, a, d.
6. True. A $90 new-resident tax is due at
registration on each vehicle brought into
Texas by a new resident if the vehicle was
previously registered by the new resident
in another state.
7. c. The mockingbird is the Texas state bird.
8. b. The four-family settlement known as
Waterloo was chosen as the Texas capital
and renamed in honor of Stephen F.
Austin in 1839.
9. True. Like many other capitols, the Texas
Capitol is also taller than the U.S. Capitol,
with an additional 15 feet in height.
10. False. If someone moves to a new county,
he must re-register to vote with his local
county voter registrar even if he has
already been registered to vote elsewhere
in the state.
Sources: Texas Department of Public
Safety; Texas Department of Motor Vehicles;
U.S. Census Bureau; Texas Senate Kids;
Office of the Texas Comptroller of Public
Accounts; Office of the Governor, Economic
Development and Tourism; State Preservation
Board; Texas Office of the Secretary of State
April 2012
TEXAS R EALTOR
®
31
voices
What do you know now that you wish you had
known when you first became a Texas REALTOR ?
®
First,thecourseworkandexamdovery
littletoprepareyouforthepracticalapplicationofbeingaREALTOR .Youjusthaveto
jumpinwithbothfeetanddoit(andaska
tonofquestionsalongtheway).
Second,youhavetotreatitlikeajob.As
amanageratanindependentbrokerage,I
trainedagentsontheimportanceofsetting
youralarm,gettingup,andworking.Yes,
youareyourownboss,butyoustillhaveto
holdyourselfaccountablefordoingyourjob.
Third,whilebeingsodedicatedandexcitedaboutyournewendeavor,donotrunout
thedoorthesecondsomeonecallsandsays
heorshewantstoseeahouse.Youabsolutelymustqualifysomeonefirst.Notonly
willitsaveyouhoursofshowingproperty
tosomeonewhocouldn’tbuyastickofgum,
it’salsoamatterofyoursafety.Doyour
homework!
Earlyinmyrealestatecareer,Iworkedfora
largerealestatefranchisefirmnearseveral
otherfranchises.Iwastotallylostontrying
tomarkettoanaudience.Ilatermovedto
SanAntonioandworkedwithasmallfirm;
thebrokerwasanexpertwithfirst-time
homebuyers.Itargetedadvertisingtothose
folkswithFHAfinancingincentives.Many
ofthemdidn’trealizetheycouldqualifyfor
ahome,soImarketedfreepre-qualification.
InowworkinCanyonLakeandtarget
vacationhomes.Myclientbaseislake-view
andwaterfronthomes,buttheconcept
oftargetingmyaudiencehascontinued
throughoutmycareer.Narrowyourmarket
audience;totackletheentiremarketisoverwhelmingandexpensive.
–ElleKlein,Realty Austin, Austin
Ididnothaveagreatdealofconfidence
withthecontractualpaperworkwhenIfirst
began.IdecidedthatIneededtostudythe
paperworkandaskmybrokerlotsofquestionsforfurtherunderstanding.Now,Iam
verycomfortablewiththepaperworkand
canexplainittoanyone.Thatonething
gavemetheconfidencethatIneededtobe
successfulinthisbusiness.
®
Findyournicheandworkit;don’ttryto
beeverythingtoeveryone.Ifyoufindyou
enjoyworkingwithinvestors,becomebetteratitandmakeityourspecialty.Thereis
morethanonewaytomakemoneyinthis
business.
–CarlosCavazos, Carlos Cavazos Realty, Dallas
–KarenWegerYarbrough,Sunset Canyon Realty,
Canyon Lake
These submissions are pulled from the association’s Facebook page.
Join the conversation at Facebook.com/TexasRealtors.
32
TEXAS R EALTOR April 2012
®
PHOTO © iStockphoto/Thinkstock
–LyndaD.Conway, JB Goodwin, REALTORS ®, Austin
Soon.
1-page contract you can understand
simple $ limits
no guessing
give us a call
(866) 791-1200
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