- North Carolina Association of REALTORS

Transcription

SAFETY ISSUE: REAL STORIES OF ATTACKS ON NC REALTORS®, SAFETY TOOLS AND MORE!
THE VOICE OF REAL ESTATE IN NORTH CAROLINA
VOL 94 NO 3 | FALL 2015
Spotlight
Historical
Roots Anchor
Visionary
Leadership
Speaker of the NC House
Rep. Tim Moore discusses his
ties to the state he calls home
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2015 Carolina REALTORS®
Conference Preview
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Fall 2015
[CONTENTS]
18
24
The grassroots
campaign of the
Alliance has taken
off this year.
Departments
Unfortunately, the nature of
the real estate business allows
REALTORS® to be easy targets for
criminals. Don’t be the next victim.
Learn from real stories of attacks
on NC REALTORS®.
Features
9
Historical Roots Anchor Visionary
Leadership
SPOTLIGHT: Speaker of the NC House Rep. Tim Moore
discusses his ties to the state he calls home.
18Targeted
SAFETY: Don’t be the next victim: Learn from real stories
of attacks on NC REALTORS®.
conference preview
WE NEED
YOU
!
4
President’s Message
5
Something to Talk About
10 Steps for a Safe Open House,
Numbers to Note and Events
22
Inside NC REALTORS®
GRI Success, Legal Hotline, Staff
Developments and Alliance Updates
26
Government Affairs Update
Legislative Victory for Private
Property Rights
27
REALTOR® Partner Program
28
Forms Guy
Speedy Gets a Rundown of Recent
Changes to Offer to Purchase
and Contract
30
Tech Tips
Safety Tools for NC REALTORS®
{
13-17
Get ready for the 2015
Carolina REALTORS®
Conference & Expo
Have something to talk about? Sure you do — and we want to hear it! Send your stories of success,
laughter or inspiration to [email protected] and you could be featured in the next Insight!
ncrealtors.org • INSIGHT 3
President’s
MESSAGE
Summer is almost over and before you know it, it’s going to be the
holidays. It may only be September, but it’s never too early to start
thinking about your business strategies for the year ahead. Many of you
have already chosen the first step in formulating your plan by joining us
at RECONNECT: The Carolina REALTORS® Conference this month in
Hilton Head, SC.
The North Carolina and South Carolina association staff has worked
hard to produce a stellar lineup of special events and top-quality
education sessions. Whether you’re new to real estate or a seasoned
professional, you can always benefit from learning new skills —
especially as they relate to your business and the current market.
And speaking of the market, existing home sales increased to their
highest pace in eight years. The national median home price has pushed
past the previous peak in 2006, making it the highest median price ever.
The nation’s improving economy certainly has had a positive impact on
our industry this summer.
Over the past few months, you’ve probably seen a lot of talk about
legislative Calls for Action. It is critical for REALTORS® to take action
on these important real estate issues. If you haven’t done so already, do
your part to protect our industry — sign up for NAR mobile alerts by
texting NC REALTORS to 30644.
Despite our hectic schedules, it is important to take a moment and
think about safety. The kidnapping and murder of Arkansas REALTOR®
Beverly Carter last fall shocked the real estate community. Do you
have a safety protocol in place? Do other people in your office take
the necessary precautions to remain safe on the job? September is
REALTOR® Safety Month. Throughout this issue, you’ll find tips, tools
and stories about safety in our industry. It is crucial that we work
together to keep our industry a safe place to do business. It is our goal
at NCAR to assist members in doing just that.
Insight Magazine, Volume 94, Issue 3
President
Tony Smith
Treasurer
Treasure Faircloth
President-Elect
Kim Dawson
Immediate Past President
Tomp Litchfield
REGIONAL VICE PRESIDENTS
Region 1: David Perrot, Kill Devil Hills; Region 2: Jody
Wainio, Wilmington; Region 3: Bruce Gates, Goldsboro;
Region 4: Greg Payne, Durham; Region 5: Amy Hedgecock,
High Point; Region 6: Phil Rector, Winston-Salem; Region 7:
Marsha Jordan, Lincolnton; Region 8: Alison Royal-Combs,
Leslie Fisher, Charlotte; Region 9: David Wall, Asheville;
Region 10: Linda Trevor, Jose Serrano, Raleigh;
At-Large: Stephanie Walker
Chief Executive Officer
Andrea Bushnell
Editor
Blair Wilburn
Assistant Editor/Designer
Mckenzie Allen
Contributors
Nicole Arnold
Mike Landes
Will Martin
Kristin Nash
Cady Thomas
Mark Zimmerman
For Advertising information, contact Mike Buescher
at 336-808-4229 or [email protected].
Insight is published four times a year during the months of
March, June, September, and December by the North Carolina
Association of REALTORS®, 4511 Weybridge Lane, Greensboro, NC
27407. Application to Mail at Periodicals Postage Rate is Pending
at Greensboro, NC and additional mailing offices. Member
subscriptions of $2.89 are covered by annual membership dues.
POSTMASTER: Send address changes to Insight Magazine; 4511
Weybridge Lane, Greensboro, NC 27407.
This publication is designed to provide accurate and authoritative
information regarding the subject matter covered. Articles which
appear in Insight are an informational service to members. Their
contents are the opinions of the authors alone and do not necessarily
represent those of the North Carolina Association of REALTORS®.
Tony Smith
2015 President
Advertising of a product or service does not imply
endorsement, unless specifically stated.
Prefer to read Insight electronically? To opt-out of paper copy
mailings, email [email protected] with a subject line of
“Insight opt-out.”
Cover photo by Robin Cooper Photography.
4511 Weybridge Lane, Greensboro, NC 27407
Phone: (336) 294-1415, Toll Free: (800) 443-9956
ncrealtors.org
4 INSIGHT • Fall 2015
[SOMETHING TO TALK ABOUT]
REALTOR® Safety
10 Steps
111
The House
District Speaker
Rep. Tim Moore
represents.
(pg 9)
for a Safe
Open House
$500
The amount
Open houses can be a great sales tool — but hosting one also exposes you
to numerous unfamiliar people for the first time. Take these steps to stay safe:
Establish your escape routes, including parking where
you cannot get blocked.
Inform a neighbor that you will be showing the house
and ask if they will keep watch for anything strange.
Advise clients to lock up any valuable items.
Work in teams when possible.
of cash you
could win in
two different
drawings at the
Expo in Hilton
Head. (pg 13)
2001
The year in
Check out your guests as they arrive and leave.
which REALTOR®
Safety was
brought to the
forefront after
a murder in
Washington.
(pg 19)
Never turn your back on a prospect.
11
Set up for safety and only bring what you need.
Avoid attics, basements and getting trapped
in small rooms with no exit.
Check your cell phone’s strength and signal prior
to the open house.
Notify someone at the office or a family member
that you will be calling in every hour on the hour.
MORE
INFO
NCAR is fully committed to our members’ personal safety. Please take time
to read “Targeted,” our feature on real attacks on NC REALTORS®, on pg 18.
As always, we will continue to promote safety through webinars, articles,
presentations and other resources found on our website at ncrealtors.org.
The number
of local
associations
that have added
GRI to their fall
curriculum.
(pg 22)
2The number
of REALTOR®
Partners now
offering safety
tools. (pg 30)
EVENTS
[SOMETHING TO TALK ABOUT]
Oct. 14
Sept. 9
Webinar Wednesday:
Brokerage Metric and
Benchmarking of Your
Residential Real Estate Firm
Webinar Wednesday:
When Seconds Count
New REALTOR® Partner
OnGuardHelp will lead a safety
discussion on 911 calls and how
using the OnGuardHelp App can
keep you safe.
Learn to prepare yourself and your
firm for the “what ifs” and possible
game changers in the industry, led
by Steve Murray of REAL Trends.
Register at ncrealtors.org
Register at ncrealtors.org
Sept. 12-14
Leadership Academy
In conjunction with the 2015
Carolina REALTORS® Conference.
September 12-15
REFRESH, RECHARGE
The Carolina REALTORS®
Conference
Hilton Head Marriott Resort & Spa
Hilton Head Island, SC
Get ready to RECONNECT with
the SC REALTORS® for a special
conference and trade expo.
RECONNECT
Check out our in-depth
Conference Preview
13-17
[UPCOMING EDUCATION OPPORTUNITIES]
Sept. 23
GRI: Technology Tools
& Resources
Morehead City
Oct. 8
GRI: ABC’s of Financing
Cary
Oct. 8
GRI: Business Planning
Asheville
MORE
INFO
Oct. 14
Home Sweet (2nd) Home
Supply
Oct. 22
GRI: ABC’s of Financing
Wilmington
Oct. 20*
GRI: Technology Tools
& Resources
Kill Devil Hills
Oct. 23*
Home Sweet (2nd) Home
Kill Devil Hills
Oct. 21-22*
ABR® Designation Course
Kill Devil Hills
*These courses are part of Designation Destination. Earn all three in a
week at the beach, hosted by the Outer Banks Association of REALTORS®.
Register for all classes at ncrealtors.org
The GRI has returned! Can you afford to miss it? From expanding your business to helping you
prepare for any situation, the benefits associated with earning the GRI are priceless. With four courses
available online and four live courses that your local association can bring to your back door, now is the
time to earn the most recognized designation in the industry! Read more on pg 22.
Stand above your competition.
EARN YOUR GRI.
ALL NEW PROGRAM
Your clients are more
sophisticated than ever,
requiring you to perform at a
higher level of professionalism.
The new GRI program offers
higher level classes about
new technologies, laws and
marketing techniques that
positively affect your
bottom line.
THE GRI HAS RETURNED! CAN YOU AFFORD TO MISS IT?
Learn more at www.ncrealtors.org/gri
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SPOT LIGHT
HISTORICAL ROOTS ANCHOR VISIONARY
LEADERSHIP
Speaker of the NC House Rep. Tim Moore discusses his ties
to the state he calls home. BY NICOLE ARNOLD AND CADY THOMAS
North Carolina House of
Representatives Speaker Tim Moore
hails from beautiful Kings Mountain in
Cleveland County. On any given weekend,
you may find him spending time with
his two sons, teaching his 15 year old to
drive a car or hiking the King’s Mountain
Trail. Moore appreciates the historical
significance of the Kings Mountain area
since his ancestors fought for the Patriot
Militia during the Revolutionary War.
An heir to their patriotic legacy, Moore
exhibits a passion for his state that
influences his leadership in the General
Assembly today.
The native Tarheel graduated from
UNC Chapel Hill and then pursued his
J.D. from the Oklahoma City University
of Law. Upon becoming an attorney,
Moore felt the call to return back home
and was appointed to the UNC Board
of Governors. It was during his tenure
on the Board of Governors that he
decided to become involved in politics.
At the age of 31, Moore saw the need for
changes in Raleigh.
In 2002, Moore ran for NC House
District 111. As the challenger, Moore
overcame considerable odds and his
opponent’s financing advantages to gain
the seat. Moore won the hotly contested
and expensive race that first year and
has served concurrent terms ever since,
a total of seven terms to date. He joined
the General Assembly when his party
was in the minority, but this did not
deter him from working to pursue his
goals. During this time, he took careful
note of the many different leadership
styles and roles in the North Carolina
General Assembly.
As his legislative experience deepened,
Speaker Moore gained a healthy
respect for, and from, his colleagues
on both sides of the aisle. Once his
Photo by Robin Cooper Photography.
SPOT LIGHT
party gained control of the House,
Moore was able to serve in various
leadership roles including as the House
Rules Committee’s Senior Chairman.
This experience gave him a seat at the
leadership table and prepared him for
his current role as Speaker of the House.
“I have a great respect for this
institution,” says Moore in reference
to the General Assembly. This inherent
respect and his colleagues’ persistent
urging allowed him to consider running
for speaker for the 2015-2016 session.
Moore admits, “I was not so bold to just
go after the speakership. I had folks come
to me and ask [me] to be the speaker.”
A tireless hard worker, Moore balances
his law profession, a metal business,
his family and his legislative work. In
fact, Moore is in Raleigh so much that
he now practices law there, too. He
says in the General Assembly, we are
“creating a balance between government
doing enough to help but not getting
in the way to make a mess of things.”
Finding this balance is the job of a good
legislator, according to the speaker.
As a real estate attorney and business
owner, Moore has experience in how
to defend North Carolinians’ private
property rights. From development
rights to landlord and tenant issues,
Moore employs his legal acumen and
natural aptitude to advocate for the
citizens of the House District 111
and the state. As speaker, Moore has
a highly visible role in the General
Assembly. Yet, he is far more interested
in function than in form.
“I don’t get caught up in the pageantry
of it or having debates for debates’ sake,”
says Moore, describing the legislature.
“I want to make sure we are productive.”
“This place [the General Assembly] can
really help people… I don’t want to be
here wasting time.”
Speaker Moore is true to his
word about working on legislation
that matters to North Carolinians.
When asked to choose a significant
accomplishment from his tenure, Moore
immediately describes the passing
of criminal justice legislation aimed
at keeping children safe from sexual
predators and drunk drivers. For years,
Moore diligently worked on bills to
protect children from harm.
As a result Jessica’s Law passed in
2008 and tripled the amount of time
an offender had to remain on the sex
offender registry. Jessica’s Law is named
for a nine-year-old Gaston County girl who
was kidnapped, raped and buried alive in
Florida by a convicted sex offender.
But Jessica’s Law is not the only
criminal justice bill Moore shepherded
into law. Laura’s Law passed in 2011
in recognition of a 17-year-old killed
by an impaired driver with previous
convictions for driving under the
influence. The law enforces truth in
sentencing, which prevents the early
release of an offender. Moore was
instrumental in the passing of both and
worked closely with the loved ones of the
deceased to introduce the legislation.
Moore has not only championed
criminal justice legislation, but has also
led the way on economic development
bills. “I believe in continued economic
development,” says the speaker. “We
passed legislation in the House to keep the
economy moving forward. I believe that
investing in growth and job development
is critical to help REALTORS®.”
NC REALTORS® understand that
when legislation promotes job growth,
our state will witness a stronger
workforce and an expansion of
industries. This growth fuels residential
and commercial real estate trends.
Moore agrees that real estate is a true
indicator of economic prosperity in a
state. “REALTORS® have weathered the
storm of economic challenges… [They]
are key to our state’s economy,” stated
Speaker Moore.
One bill that helps the real estate
industry was signed into law this
summer by Governor McCrory. Senate
Bill 25 rolls back excessive regulation of
aesthetic designs in residential building.
Moore supported this legislation and in
prior years cosponsored the bill. Thanks
to Speaker Moore’s leadership and
that of other legislators, the housing
industry will not be held hostage to
overzealous regulatory restraints.
Moore is also a believer in the
importance of the mortgage interest
deduction, stating, “Maintaining the
mortgage interest deduction [will] help
homeowners.” Moore continues to
describe a situation that he believes needs
reversing: the affinity of millennials to
rent instead of buy their homes. Moore
wants young people in North Carolina
to feel they have the financial ability to
purchase a home. “We need to ensure
that tax policy reflects the importance
of homeownership.” The deduction is a
big part of maintaining a healthy respect
for homeownership, according to the
speaker. “I support the mortgage interest
deduction completely,” he says.
He also understands the value of
homeownership and wants younger
generations to appreciate what owning
instead of renting can do for them. “I
bought my place in Raleigh because I did
not want to throw away money in rent,”
states Moore.
During his time in Raleigh, Moore
has worked to promote legislation
that will bring jobs to North Carolina,
support quality education and protect
small businesses and property rights.
The father of public school students,
he is committed to providing the
best education possible so they are
prepared for the future. These decisions
demonstrate that, as speaker, he will not
rest until he knows that he has worked
to make our state even better. Speaker
Moore’s historical roots and hard work
continue to move his leadership forward
to positive results for North Carolina.
“Our great state has so much to offer,”
says Moore. NC REALTORS® agree.
Special thanks to Isabel Villa-Garcia for
conducting the interview.
Contact Nicole Arnold at
[email protected].
Contact Cady Thomas at
[email protected].
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{MAKE THE MOST OF YOUR STAY} All RECONNECT attendees
are entitled to golf discounts and 20% off spa services.
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{STAY CONNECTED} Get the latest scoop and join the conversation using
#reconnectrealtors
CONFEREN
CE PREVIEW
September 1
2-15, 2015
Hilton Head
Marriott
Resort & Sp
a
{HAVE SOME FUN}
Be sure to check out special events
and networking opportunities.
Each education
session is labeled
with a specialty
subject. Make sure
you look for these
icons when
planning
your schedule.
{
EXPO
CE
CONTINUING
EDUCATION
ASSOCIATION
EXECUTIVES
TECHNOLOGY
PROPERTY
MANAGERS
MARKETING
PM
BROKERS
IN CHARGE
This year’s expo promises to be one of the best yet.
Stop by to see the latest tools and services and you
may even win $500 or many other great prizes.
REC NNECT
THE CAROLINA REALTORS® CONFERENCE
SEPTEMBER 12-15, 2015 | HILTON HEAD, SC
Saturday
*As of 08/11/15. Schedules and sessions are subject to change.
SEPTEMBER 12
8:30AM – 12:30PM
2015-2016 NC GENERAL Update
with Bill Gallagher
8:30AM – 12:30PM
2015-2016 NC BIC Update
with Len Elder
1:30PM – 5:30PM
Elective Course - Real Estate & Taxes
with Bill Gallagher
{EVENTS}
6:30PM – 8:30PM
Homes4NC Dolphin Watch
Sunset Cruise
Pre-registration is required
8:00PM – 12:00PM
REALTOR® Lounge with DJ
and Drink Specials
Sponsored by: SunTrust Mortgage
Preregistration is required. Register online reconnectcarolinas.com/ce-classes
Make waves with Homes4NC
Want to enjoy a relaxing, scenic and informative excursion as you cruise through
the calm inland waterways of Hilton Head Island? Then make sure to hop aboard the
Homes4NC Dolphin Watch Sunset Cruise. Narrated live by your captain, the tour takes you
through Broad Creek and into Calibogue Sound, featuring more than 40 points of interest
including the Atlantic bottle-nosed dolphin, private plantations, saltwater marshes, sea
birds, Daufuskie Island and the famous Harbour Town lighthouse.
Tickets are $40 per person and include light refreshments along with a great selection
of beer and wine. The tour will be on Saturday, September 12 from 6:30 - 8:30 p.m. Visit
reconnectcarolinas.com to buy your tickets. This is truly your best way to enjoy the natural
beauty of Hilton Head Island and also support your charitable housing foundation, Homes4NC.
Preregistration is required. Register online reconnectcarolinas.com
ENJOY
EXTRA ACTIVITIES
Smile for another way to support Homes4NC
Back by popular demand, members can pay $10 to Homes4NC to have their photo taken
by Studio 16 in their professional, mobile studio at the 2015 Carolina REALTORS® Conference.
Studio 16 will match each $10 donation raised and donate it to Homes4NC. You can view your
photos immediately and then choose your favorite image for the free commemorative 4 x
6 photo. Plus, if you like the superb quality and magazine-ready look, Studio 16 will go over
purchase options individually.
Visit reconnectcarolinas.com to secure your appointment today. These photos are great for
updating headshots, business cards and marketing materials, but you can bring in family or
your spouse for personal shots as well! Studio hours: Sunday - Tuesday, 9:00AM-5:00PM.
Relax and unwind with golf and spa discounts
Don’t forget to take the time to relax and unwind while in Hilton Head. Enjoy 20% off all services at
the Spa Soleil Hilton Head, where the finest European-style spa is combined with the sweetness
of Southern hospitality to indulge your body and mind. Advanced appointments are strongly encouraged.
For the outdoor lovers, enjoy sweeping ocean views and feel the breeze rolling in from the
Atlantic Ocean on one of three world-class Palmetto Dunes Golf Courses. Find the course that is right for
you — take advantage of discounted rates at the Robert Trent Jones, George Fazio or Arthur Hills course.
Sunday
{
SEPTEMBER 13
EXPO
11:30AM – 5:00PM
Connect with these exhibitors:
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Improve your business
Don’t miss the Expo Grand Opening, sponsored by Fiat Chrysler Automobiles, and a firstlook at the latest trends and tools available to REALTORS®.
Attendees will also have the
chance to win $500 in cash
9:00AM – 5:00PM
plus door prizes every hour.
(Must be present to win.)
Homes4NC Photo Fundraiser
reconnectcarolinas.com
5:30PM – 7:00PM
The Game has
Changed: How
to Thrive in a
Digital World
Marcus Sheridan
Not your typical keynote
presenter, Marcus
Sheridan is known as
one of the most interactive speakers
in the world. His story resonates
with the masses and he is an expert
in offering ways to dramatically
improve sales and marketing
communication by teaching his
audience how to create buy-in from
inbound and content marketing.
Then, mix and mingle with
REALTORS® from across the
Carolinas and strike a pose with
your friends in our photo booth
during the Opening Evening
Reception, sponsored by
Systems Engineering.
1:00PM – 2:00PM
11:30AM – 1:00PM
Expo Grand Opening
Sponsored by: Fiat Chrysler Automobiles
1:00PM – 5:00PM
Welcome Margaritas
& Steel Drums
5:30PM – 7:00PM
NC/SC Opening Session with
REALTOR® of the Year Presentations
Keynote Address by Marcus Sheridan
The Game Has Changed: How to Thrive
in a Digital World
•
•
7:00PM – 10:00PM
Opening Evening Reception with
Entertainment and Photo Booth
Sponsored by: Systems Engineering
{EVENTS}
Property Management Laws & Pitfalls
with NC Real Estate Commission
Committee meeting times and
locations are available now at
reconnectcarolinas.com/agenda
meetings
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2-10 Home Buyers Warranty
America’s Preferred Home Warranty
Arrow Exterminators (Stark Exterminators
Atlantic Bay Mortgage Group
BB&T Home Mortgage
Centralized Showing Service
Century 21
Citrix ShareFile
Commission Express
CoreLogic
CoreLogic SafeRent
Costner Law Office, PLLC
Ditech
Duke Energy
Exit Realty of the Carolinas
Fiat Chrysler Automobiles
First American Home Buyers Protection
HMS Home Warranty
Home Warranty of America
The Hunoval Law Firm, PLLC
ICYNENE
JY Monk Real Estate School
Kathy’s Accessories
Lowen Sign Company
Mount Valley Foundation Services, Inc.
National Association of REALTORS®
Nationwide Insurance/Grimes Insurance
Group, LLC
North Carolina Housing Finance Agency
North Carolina Licensed Home Inspectors
Association
Old Republic Home Protection
OnGuardHelp
Pearl Insurance
Piedmont Natural Gas
Pipeline ROI
RE/MAX Carolinas
Realtor.com
REALTORS® Property Resource
Realty Executives Southern Region
Realty World – The Carolinas
Rent Manager
SentriLock, LLC
ShowingTime
SmartZip
SunTrust Mortgage
Superior School of Real Estate
Supra
Systems Engineering
Taxbot
Tennessee Valley Signs
The Real Estate Book
TRIBUS Group
Two Men and a Truck
Veterans United Home Loans
Wallace Property Management Group
Wilde Law Firm
zipLogix
Learn more at reconnectcarolinas.com/sponsors/
{ EXPO
Education sessions
Monday
9:30AM – 11:00AM
Expo Brunch
SEPTEMBER 14
*As of 08/11/15. Schedules and
sessions are subject to change.
8:30AM – 9:30AM
NAR Update with Dr. Lawrence Yun, NAR Chief Economist and Senior Vice President of Research
and Bill Brown, 2015 NAR First Vice President (Sponsored by Veterans United Home Loans)
9:45AM – 10:45AM
Intellectual Property…It’s Not Just for Nerds Anymore
AE Education Session with Trista Curzydlo
11:00AM – 12:15PM
Cashing In On Property Management
Property Management Session with Robert Locke
Panel: Leveraging Technology to Increase Listings
with Bill Gallagher (Sponsored by YPN)
Management by Guesswork
Broker Manager Session with Eric Stegemann
Mobile Agent 101
with Amy Smythe Harris (Sponsored by NCREEF)
12:30PM – 1:45PM
50 Property Management Revenue Streams You’ve
Probably Never Heard Of with Robert Locke
Mobile Agent 201
with Amy Smythe Harris (Sponsored by NCREEF)
Motivation Through Management
Broker Manager Session with Karel Murray
REALTOR® Safety
with Bill Gallagher
Social Media & Risk Management
with Trista Curzydlo
See full schedule online reconnectcarolinas.com/agenda
Don’t miss a second opportunity to
win $500 in cash at the Expo Grand
Prize Drawing. (Must be present to win.)
{
Safety should be top of mind for us all
this month. Don’t miss the opportunity
to freshen up your safety knowledge
at this special education session.
EXPO
1:45PM – 3:00PM Afternoon Snacks and
Grand Prize Drawing. Sponsored by Ditech.
Let the RPAC games begin
Are you a Trivial Pursuit legend? Pub quiz champion?
Be on the team crowned champions at the 2015 RPAC
Trivia and Auction fundraiser!
New this year, NC REALTORS® will compete against SC
REALTORS® to see which state can raise the most dollars
for RPAC! Prizes will be awarded to the top three teams,
with first place
winning $1,000!
Attendees can bid
on silent and live
auction items, to
be auctioned off
between rounds.
Preregistration is required. Register online reconnectcarolinas.com
{EVENTS}
Leigh Brown, a member of the
Charlotte Regional and Central Carolina
Associations, donated a week-long
stay in Ocean Isle Beach and said:
“Whether your idea of getting away is
sitting by the private pool, lounging on
the beach or just sipping lemonade on
the deck, you will not want to miss the
opportunity to bid on this house.”
9:00AM – 5:00PM
Homes4NC Photo
Fundraiser
8:00PM – 11:00PM
RPAC Trivia Event
tuesday
SEPTEMBER 15
{
Plan ahead:
2016 Convention
meetings
Committee meeting times and
locations are available now at
reconnectcarolinas.com/agenda
Tuesday’s meeting schedule includes Treasurer’s Forum, Regional Caucus
Meetings and the Board of Directors Meeting.
{EVENTS}
This year’s Conference has focused
on providing attendees with the tools,
resources and knowledge to refresh and
recharge their business. Plans are already
underway for next year’s event.
Save the date now for the 2016 NC
REALTORS® Convention and Expo at
The Greenbrier from Sept. 10 – 13, 2016.
9:00AM – 5:00PM
Homes4NC Photo
Fundraiser
Education sessions
9:00AM – 10:00AM
8 Skills to Surviving Property Management Successfully
with Paul Dizmang (Sponsored by Mount Valley Foundation Services, Inc.)
The Yelp Effect
with Terry Watson (Sponsored by The SC REALTOR® Education Foundation)
Building Your Brand
with Laurie Davis (Sponsored by Smartzip)
REALTORS® in the Cloud
with Mark Saunders (Sponsored by Grimes Insurance Group, LLC)
Real Estate PR: See Me, Know Me, Love Me
with Maura Neill (Sponsored by Costner Law Office, PLLC)
RESO and NAR mandates January 1, 2016 deadline!
with Jeremy Crawford, Executive Director of RESO; Michael
Wurzer, CEO of Flex/Fbs; Paula Nash, RCE,e-PRO, Executive Officer
of the Mid Carolina Regional Association of REALTORS®
10:15AM – 11:30AM
Dealing with Tenants Effectively
with Paul Dizmang (Sponsored by Icynene)
Easify 101
with Terry Watson
Sites to Set Your Sights On
with Laurie Davis
Password Protection for REALTORS®
with Mark Saunders
Super Simple Video: Be the Star of Your Own YouTube
Channel with Maura Neill (Sponsored by Real Green Systems)
See full schedule online reconnectcarolinas.com/agenda
#reconnectrealtors
STAY CONNECTED with our education speakers by following
these Twitter accounts. And don’t forget to use our hashtag!
NC REALTORS®
@ncrealtors
Marcus Sheridan
@TheSalesLion
Trista Curzydlo
@TristaCurzydlo
Maura Neill
@MauraNeill
Karel Murray
@karelmurray
Amy Smythe Harris
@amyoutloud
Bill Gallagher
@BillgallagherRE
Robert M. Locke
@RobertMLocke
Paul Dizmang
@PaulDizmang
Mark Saunders
@remanagermark
Laurie Weston Davis Bill Brown
@BillBrown2017
@lauriewdavis
Eric Stegemann
@EricStegemann
Terry Watson
@getterry
TARGETED
Real stories of attacks on NC REALTORS®
Recent attacks on REALTORS® across the industry have left many
wondering if they too are at risk. Real estate professionals put
their lives in danger every day by meeting strangers, visiting
unfamiliar places and sharing their personal information online.
Unfortunately, the nature of this business allows REALTORS®
to be easy targets for criminals.
BY: BLAIR WILBURN
NC REALTORS® SAFETY
REALTOR® Safety: How it all began
In January 2001, REALTOR® Michael Emert of Washington State was found brutally murdered with 19 stab wounds in a house he
was showing. The incident rocked the real estate world. Michael worked with a prestigious firm in an upscale neighborhood. If such a
brutal murder could happen to him, it could happen to anyone.
Prior to the incident, REALTOR® safety wasn’t an issue of major concern and the industry had no formalized safety protocol.
Michael’s murder served as a wake up call. As a result, the Washington Real Estate Safety Council was formed — a group consisting of
16 individuals from the major brokerage firms, the Washington REALTORS® Association and law enforcement. They received a grant
to produce and distribute a safety program that included a booklet, posters and classes. The program was so successful that it was
pitched to the National Association of REALTORS® and was later made available to any REALTOR® association across the country.
In researching for this article, it quickly became evident that there was a lack of information on documented REALTOR® attacks.
No single organization tracks complete statistics on these incidents. But, in talking with North Carolina agents, it is clear that safety
is a concern and a planned protocol is critical to remain safe in the real estate industry.
REAL STORIES IN NORTH CAROLINA
Stranger danger
North Carolina REALTOR® Jane
Springer* experienced two dangerous
occurrences early in her career within six
months of each other. It changed how she
conducted business forever. Recalling the
first incident, she now sees the series of
“red flags” clearly.
Jane received a call from a couple who
wanted to view a vacant home. She was
unavailable, so she asked her colleague
and fellow REALTOR® Jim Flannens* to
assist. The husband and wife asked Jim to
meet them at their hotel so they could ride
together to view the listing. Jim, a former
IRS employee and very trusting man, went
to pick them up without hesitation.
Jane was horrified to hear the events
that later transpired from the vacant
property’s listing agent. That evening, the
listing agent was driving her usual route
home when she noticed the lights were left
on in the vacant listing. Assuming someone
forgot to turn them off, she entered the
home and heard moaning coming from the
basement. There she found Jim, who had
been pushed down the stairs, beaten and
left for dead. He was robbed of his personal
belongings and his car. He remained in
intensive care for over two months. Had
the listing agent not stopped, Jim probably
would not have survived the night. Jane
never forgot that could have easily been her
in the basement.
The second incident occurred when
Jane received a call from someone who
wanted to see a home not very far from
her office. The man asked her to meet him,
but she had a funny feeling about it. She
asked a REALTOR® friend to ride with her
thinking that between the two of them,
they could handle just about anything.
The man insisted on sitting in the
backseat, so her colleague took the passenger
side. Shortly after they started driving, the
man pulled out a knife and put it around
Jane so she could see it. She slammed on
the accelerator, throwing the stranger back
just long enough for her to slam on the
brakes allowing both REALTORS® to jump
out of the car. The man escaped and the
police never found him.
Lessons learned: Jane always meets a
potential buyer at the office first to avoid
a situation like Jim’s, and to save time
and frustration. In doing this, she can
ensure she is showing the right homes
within the buyer’s budget. Jane commits
to bringing pre-approved buyers to see her
sellers’ homes. Until that initial meeting
occurs, she cannot tell her seller that she
has a pre-approved buyer interested in the
home. Meeting a potential buyer at the
office is a smart business decision and a
vital step in staying safe.
Jane never allows strangers inside her
car, especially not the back seat. In the
second situation, Jane was dealing with
a walk-in client and she did not have
any personal information about him.
Thankfully, she acknowledged her intuition
and brought a friend along. Fortunately,
Jane shares these experiences with new
agents to help train them in safety and
teach them to always think defensively.
Community
management
gone wrong
Several years ago, former
NC REALTOR® Betty Cann* was
managing a golf community.
She was working in her office
on a Saturday morning when a
respectable-looking man in a
suit and tie came in to discuss
purchasing a home in the
community.
Betty called her husband to tell
him she was leaving the office to
show a home. That’s when another
man in a suit and tie walked up.
They bound and gagged her,
duct taped her eyes, ears and
mouth and left her taped to the
handicapped bar in the office
bathroom. They also took her
wallet, debit card and withdrew
money from her bank account.
Betty was left in the bathroom
for 8 hours, until her husband
came looking for her. Along
with the emotional trauma, the
physical damage led to multiple
knee surgeries. It took her years
to get over the trauma and she
eventually moved to another state.
NC REALTORS® SAFETY
Two against one
Early in her career, NC REALTOR® Anna Wilkes* was eager
to make money and gain new clients. She was excited when
she received a cold call from a man who wanted to view three
homes. The potential buyer told her all the things she wanted
to hear — he was ready to purchase investment properties and
he planned to pay in cash.
Anna was surprised to see two men when she arrived at
the first home, but even then, she did not feel in danger. She
was in her “zone” and ready to sell a house. She gave the men
some space as they explored the upstairs of the home. Then,
the two men went downstairs to the basement while she
waited upstairs. Shortly after, Anna heard one of the men
say, “Hey, come down here for a second. We want to show you
something.” It hit her at that moment that these two people
were complete strangers. She had no idea what their intentions
were. Anna knew if she went downstairs, she may not make it
home that night.
She quickly grabbed the key to the house, ran out the door,
got in her car and left. She called 911, explained the scenario
and asked for an officer to meet her at the house so she could
lock up. After driving around the block, Anna kept watch from
around the corner while she waited for the police. By the time
they arrived only a few minutes later, the men were gone.
Because Anna did not take down the make or model of the car
the men were driving, the police were unable to locate them.
Lessons learned: As a result of the scare, Anna has put many
safety protocols in place to protect herself. She asks prospective
clients to come into the office for a consultation meeting,
where she makes a copy of their driver’s license and gives
it to the receptionist or office manager. Anna makes sure
the potential buyer physically sees her doing this. She often
introduces them to someone in her office on the way out. After
the consultation, she will follow the client out in order to get
additional information like what type of car they drive, license
plate number, etc.
Anna considers it important to schedule a buyer consultation
every time. If the potential clients are up to no good, they most
likely won’t come to the office. If Anna cannot find someone
else to go with her, she will refuse to go. “REALTORS® work
together. We want to protect each other,” Anna affirms.
On the rare occasion when she meets a new client at one of
her listings, she asks them to park in front of her when they
arrive and to stand at the rear of their car. She then takes a
photo of them next to their license plate and emails it to her
office. She finds it important for someone to know where she is
and who she is with at all times.
No one, including REALTORS®, wants to hurt their clients’
feelings. Despite the friendly nature of agents, Anna stands
firm when it comes to setting clear expectations with potential
buyers and sellers. She does not believe in secret codes or the
“red file.” Anna is very upfront with her clients about the safety
protocols she has in place to keep her safe. She has a family and
is determined to go home safely every night. If the potential
client seems offended, she explains to them what she is doing
and why. In Anna’s eyes, it is not worth risking her life just to
avoid offending someone.
* All names have been changed to protect identity.
Now, more than ever, it is imperative to create a safety protocol. The key is to follow the plan, even
when it feels awkward doing so. It is not always easy to do, but it can save a life. The good news
is REALTORS® are not alone — there are countless resources available to help along the way.
Open houses — are they a
good idea?
Last fall, I experienced first-hand the danger associated
with an open house. My mother, an experienced REALTOR® in
North Carolina, was holding an open house at her own home.
The 7-acre property was tucked down a windy driveway and is
very secluded from the road. There were several outbuildings
on the property, including a stable, garage and various storage
barns. She asked me to help her at the open house, knowing
she would be busy showing people around the property.
The open house seemed to be a success with a continual
flow of traffic. I greeted visitors on the front porch and
entertained them in the house while she handled the outside
tour. My main duty was to make sure everyone signed in so
we had their contact information. In retrospect, I could have
been more diligent about people signing the list.
Four days later, my parents returned home after being
gone for several hours to find their front door kicked in. Their
house had been robbed of many irreplaceable valuables. It
was clear the thieves had a plan in place because they didn’t
leave much of a mess behind. We are confident they were
robbed by someone who attended the open house.
When hosting an open house in a remote location, not
only the REALTOR®, but also the seller, is exposing themselves.
Strangers are able to see what they have and get familiar with
the space, thus making their home an easy target. Never work
an open house alone, pay close attention to attendees and
always, always trust your gut.
Learn more at: APHW.COM/REPORTAL
Reba Taylor-Stewart
Western Carolinas Area Sales Manager
704.516.6137 | [email protected]
Trevor Kaylid
Eastern Carolinas Area Sales Manager
919.622.1478 | [email protected]
[INSIDE NC REALTORS®]
New GRI Met
with Enthusiasm
The recent
launch of the
new Graduate
REALTOR®
Institute has
been met with
enthusiasm
from North Carolina REALTORS®. The program
consists of eight core courses, including four live
and four online, and several elective options. The
four live courses — ABC’s of Financing, Balancing
Business Risks & Ethics, Business Planning and
Technology Tools & Resources — are available for
local associations to host. So far, 11 associations
have taken advantage of this opportunity and
have added GRI to their fall curriculum calendars.
The core program also consists of four online
courses, from which many students have already
taken advantage. These courses are designed to
help REALTORS® build their business with topics
such as negotiation strategies, listing techniques
and how to generate more successful closings.
Taught by top-notch instructors, the new
curriculum is less expensive, more accessible
and covers the most prevalent topics in today’s
market. To learn more, visit ncrealtors.org or
contact Ellie Edwards, Director of Professional
Development, at [email protected].
Legal Hotline a success
At the beginning of 2015, NCAR members
received free, unlimited access to the NCAR Legal
Hotline. The Hotline provides general information
in response to legally-related questions of concern
within the real estate industry. The Hotline,
previously a subscriber-based program, has since
proven to be a beneficial member service to NC
REALTORS®, with calls gaining popularity and
exceeding projected expectations.
Members can call 800-443-9956 or email
[email protected] to have their questions
answered by one of NCAR’s lawyers, who
collectively have more than 25 years experience
representing REALTORS® on a daily basis. They
handle a wide range of topics, including questions
about forms, contracts, disclosure, agency, real
estate licensing law, REALTOR® Code of Ethics,
commission disputes, fair housing and landlord/
tenant law, just to name a few.
New Faces and Staff
Announcements at NCAR
The North Carolina Association of REALTORS® has added two new
field representatives to the team. They will provide grassroots campaign
services such as educating and mobilizing members, representing NCAR
at public events, presenting policy platforms and developing action
plans to increase membership in the NC Homeowners Alliance.
SUSANNA HAILEY
Field Representative
Susanna Hailey is a former political and grassroots
specialist for the Carolinas Credit Union League. Her
previous experience also includes a government affairs
internship at K&L Gates and as a patent paralegal with a Raleigh law
firm. Susanna is a graduate of Wake Forest University with a degree
in Politics and International Affairs.
PAUL MOTT
Prior to joining the team, Paul was a legislative
assistant to Rep. Roger Younts. His previous experience
also includes internships with the state legislature
and various political campaigns. Paul graduated from NC State
University with a degree in Political Science.
Other staff announcements:
CAITLIN THOMPSON
Compliance Counsel
Caitlin Thompson joined the team as compliance counsel
to assist with Core Standards and other compliance issues.
A North Carolina licensed attorney, she was in private
practice prior to NCAR. She received her bachelor’s in Administration
of Justice from George Mason University and her J.D. from Elon
University School of Law.
Mike Landes was recently named Director of Political
Operations for NCAR. He joined the team in 2014
as Political Specialist after completing his M.A. from
Duke University in Public Policy. He has worked in a
number of different fields spanning the nonprofit sector,
education, social entrepreneurship and political consulting. Mike
earned bachelor’s degrees from Columbia University and the Jewish
Theological Seminary (Political Science and Bible Studies, respectively).
Blair Wilburn has recently earned the Certified
Association Executive (CAE) credential from the
American Society of Association Executives (ASAE).
The CAE is the highest professional credential in the
association industry with less than five percent of all
association professionals having achieved this mark of excellence.
Blair is the Director of Marketing and Communications for NCAR
and joined the association in 2011.
NCAR STAFF CONTACTS
Members of the NCAR staff can be reached by telephone at 800-443-9956 during normal business hours Monday through Friday,
from 8:30 a.m. to 5 p.m. Staff members are listed below, by department, with their respective email addresses.
Greensboro: 4511 Weybridge Lane, Greensboro, NC 27407; Raleigh: 421 Fayetteville Street, Suite 1109, Raleigh, NC 27601
ADMINISTRATION
Andrea Bushnell
Chief Executive Officer
[email protected]
Direct Dial: 336-808-4222
Bryan Jenkins
Chief Financial Officer
[email protected]
Lee Ann Martin
Accounting & Education
Assistant
[email protected]
Sherry Harris
Administrative Assistant
[email protected]
Donna Peterson
Executive Assistant
[email protected]
Mike Buescher
Director of Business
Development
[email protected]
Caitlin Thompson
Compliance Counsel
[email protected]
Caroline Main
Receptionist
[email protected]
Phyllis Lycan
Accountant
[email protected]
COMMUNICATIONS
& MARKETING
Denise Daly
Membership Records
Coordinator/Bookkeeper
[email protected]
Blair Wilburn
Director of Communications
& Marketing
[email protected]
Mckenzie Allen
Communications Specialist
[email protected]
Samantha Ashburn
Electronic Communications
Manager
[email protected]
Tyler Helms
Technology Manager
[email protected]
Robin Cooper
Partner Program Manager
[email protected]
EVENTS
Mandy Lowe
Events Director
[email protected]
Keri Epps-Rashad
Meeting & EXPO Manager
[email protected]
GOVERNMENT
AFFAIRS
Cady Thomas
Chief Lobbyist
[email protected]
Robert Broome
Director of Public Policy
[email protected]
Kristin Nash
Director of Political
Fundraising
[email protected]
Shanell Smaw
Political Fundraising Assistant
[email protected]
Nicole Arnold
Communications and Local
Government Affairs
[email protected]
LEGAL
Jason Evans
Shared Local Government
Affairs Director
[email protected]
Will Martin
General Counsel
[email protected]
Seth Palmer
Shared Local Government
Affairs Director
[email protected]
Kay Bailey
Legal Programs
Coordinator
[email protected]
Mike Landes
Operations
[email protected]
PROFESSIONAL
DEVELOPMENT
Isabel Villa-Garcia
Legislative Specialist
[email protected]
Susanna Hailey
[email protected]
Ellie Edwards
Director of Professional
Development
[email protected]
Monica Huckaby
Professional Development
Coordinator
[email protected]
Paul Mott
[email protected]
2015 Annual Sponsors
DIAMOND
®
PLATINUM
GOLD
America’s Preferred Home Warranty, zipLogix,
RE/MAX Carolinas Region, Two Men And A Truck,
J.Y. Monk Real Estate School
SILVER
CoreLogic
The North Carolina Association of REALTORS®
would like to thank all 2015 Annual Sponsors.
[INSIDE NC REALTORS®]
NCAR Field Representative
Paul Mott speaks to attendees
at the Southern Women’s
Show in Raleigh this year.
Our grassroots
campaign has
taken off, and
much of our success
can be attributed to
the incredible work
of our REALTOR®
advocates.
Contact Mike Landes at
[email protected].
NC HOMEOWNERS ALLIANCE
REALTOR® Advocates Spread
Alliance Message
BY: MIKE LANDES | DIRECTOR OF POLITICAL OPERATIONS
W
ith so much of 2015 behind
us, I’m excited to provide an
update on the work of the
NC Homeowners Alliance. Our grassroots
campaign has taken off, and much of our
success can be attributed to the incredible
work of our REALTOR® advocates. Here’s a
rundown of what the Alliance has been up
to in our local counties and associations:
Where we’ve been
In the past few months, the Alliance’s
field representatives have spoken to
associations around the state. Here’s
the full list: between April and June,
we’ve presented our program to
the Rockingham County, Charlotte
Regional, Rocky Mount, Carteret
County, Jacksonville, Greater Chapel
Hill, Greenville-Pitt and Sanford Area
associations. We’ve also appeared at
festivals and expos in Goldsboro, Raleigh
and Carteret County. At each of the stops
along our campaign trail, REALTORS®
and homeowners alike have met us with
excitement and support.
What homeowners are saying
In May, the Alliance passed a major
milestone in our advocacy campaign:
we issued our first-ever Call for Action
to the non-REALTOR® members of our
organization. Our homeowner supporters
rose to the occasion. Every single member
of the Senate received an email from
homeowners lobbying on behalf of the
NC Homeowners Alliance and the rights
of every property owner in the state.
Our homeowners’ enthusiastic response
showcased an important step on the road
to raising the profile of our legislative
platform in the eyes of the public.
What’s coming up in the fall
The General Assembly has extended its
session with Continuing Resolutions as it
discusses the state budget and tax reform
for the upcoming year. The Alliance will
focus its efforts to defend the mortgage
interest deduction, a crucial benefit that
helps property owners afford their homes.
We’ll have plenty of opportunities for
volunteers to get involved with our work.
Here are a few quick ways to make sure
you are in the loop:
Like us on Facebook – you can
find our page easily if you search
for the NC Homeowners Alliance. Show
your clients you care about their rights
by sharing our posts.
Follow us on Twitter – our
handle is @NC_Homeowners.
Watch for our tweets and notifications.
Please retweet our posts to your
network to expand our reach.
Make sure you visit
nchomeownersalliance.org
and sign up for Alliance emails. This will
ensure you receive our legislative alerts
and Calls for Action in your inbox.
We are fortunate to have so many local
advocates interested in representing
the Alliance to their clients and fellow
REALTORS®. Volunteers have stepped
up to spread the word about our
program and hand out our materials and
information. Please let us know if you
are interested in getting involved.
SOLD A HOME WITH
ONE SWIPE OF
A SMARTPHONE.
HIT US UP ON TWITTER.
We’re always scouting for agents who show a
certain penchant for getting it done. Agents
who should affiliate with a brand that has
state of the art tools that increase speed and
a network that supports their business every
step of the way. So, if that sounds like what
you’re looking for, get on it.
C21.COM/CAREERS
©2015 CENTURY 21 Real Estate LLC. All Rights Reserved. CENTURY 21® is a trademark owned
by CENTURY 21 Real Estate LLC. CENTURY 21 Real Estate LLC fully supports the principles of the
Fair Housing Act and the Equal Opportunities Act. Each office is independently owned and operated.
[GOVERNMENT AFFAIRS UPDATE]
Legislative Victory
for Private Property
Rights
BY NICOLE ARNOLD
DIRECTOR OF POLITICAL COMMUNICATIONS
F
or the last several years, NC REALTORS® and our
coalition partners have asked legislators to rein in local
governments that issued urban design construction
mandates. REALTORS® have reported instances of local
governments driving up the price of homes through an
expansion of zoning or other police powers.
On June 19, Governor Pat McCrory signed into law Senate
Bill 25, Zoning Design and Aesthetic Controls. The bill was
sponsored by Senators Rick Gunn (Burlington), Tom Apodaca
(Hendersonville) and Jeff Tarte (Cornelius). The companion
bill in the House was sponsored by Representatives Nelson
Dollar (Cary), William Brawley (Matthews), Jonathan Jordan
(Jefferson) and Rick Glazier (Fayetteville).
“I am proud that our legislators desire to affirm the rights
of property owners with Senate Bill 25,” said NCAR 2015
President Tony Smith. “Homeowners should be free to build
homes with safe and approved building materials. Elements
like color and design should be limited only by the choice of the
individual property owner. By passing this bill, the legislature
has acknowledged the rights of property owners to enjoy the
full benefits of homeownership.”
“NCAR has always and will continue to advocate for safe,
affordable housing,” said Chief Lobbyist Cady Thomas.
“Homebuyers deserve to choose from a wide range of
price points without artificial increases imposed by local
governments. The actions of the legislature will roll back
over-regulation at the local level and will ensure that
economic development in housing continues.”
Member perspective on the new legislation
Prior to the legislature signing off on Senate Bill 25,
Legislative Committee Chairman Mark Zimmerman wrote
an editorial published in the Chapel Hill section of the News
& Observer. His letter, to the right, describes the regulatory
environment existing before the new law passed.
This type of advocacy from members over the years propelled
us to victory on this issue. NCAR appreciates all lobbying efforts
from our members who have engaged legislators on this topic.
Thank you for working to improve the housing economy.
Contact Nicole Arnold at
[email protected].
Hands Off Our Houses
BY MARK ZIMMERMAN
NCAR LEGISLATIVE AFFAIRS COMMITTEE CHAIRMAN
This month marks the 800th anniversary of the
Magna Carta, the foundation document for many
of the freedoms we enjoy to this day, among
them the protection of private property rights.
So it is fitting, in a small way, that our legislature
just passed a law reaffirming some rights of private property
owners in North Carolina.
Senate Bill 25, which passed with support from both parties
and veto proof majorities in both houses, prevents local
governments from regulating the aesthetic design of family
homes. Zoning ordinances may control the size and placement
of houses, but not what they look like on the outside or inside,
unless you’re in a historic district.
Specifically, the bill prohibits towns and counties from
dictating building design elements such as exterior color and
materials, styles of roofs, architectural ornamentation, use of
porches, window and door placement, garage entrances, and
number, types and layout of rooms.
In other words, you can tell homeowners how big or small
their homes can be, but don’t tell them what they should look
like or how they can live inside them.
Interestingly, the bill was passed to “clarify” the law. In our
state, the only powers local governments have are those
granted them by the legislature. The North Carolina legislation
that enables zoning never permitted these regulations.
However, over the years most cities and towns have inflated
their zoning to encompass many of these restraints. Some
places have really abused their self-appointed power; one town
requires brick on all sides of houses — you can imagine what
that does for affordability. Many of these strictures increase the
cost of housing. They also decrease freedom.
Eventually, the legislature felt it had to rein them in.
People can still voluntarily agree to any of these controls.
Private neighborhood covenants are still permitted. But
homeowners have the choice to buy in those areas. When
zoning takes over, that choice is gone.
Since this was supposed to be the law all along, the bill affects
ordinances already on the books, as well as anything in the
future. That should prompt an immediate, thorough review of
all zoning, neighborhood-conservation districts, special-use
districts, etc. Each of our communities will have some elements
on the books that are no longer enforceable.
The right to use your private property as you see fit has always
been subject to some restraints. But it is a right nonetheless, with
a history that can be traced back through our constitution to
the beginnings of common law in England nearly a millennium
ago. Like all our rights, it is under constant risk of erosion by the
expansion of government power, even in our own backyard.
With a little help from our state legislature, that tide has just
been nudged back. Now, in a modest way, we’re a little more
free to express our individuality.
(This editorial was published on June 15, 2015 in the Chapel Hill
section of the News & Observer.)
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FORMSGUY
Speedy Gets a Rundown of Recent Changes
to Offer to Purchase and Contract
BY: WILL MARTIN
GENERAL COUNSEL
Dear Forms Guy,
I hear there are
some new changes
to the Offer to
Purchase and
Contract. Can you
give me some quick
highlights? I’m a
very busy man.
Sincerely, Speedy
?
DID YOU
KNOW
FORMS GUY: Sure, Speedy. The
contract was revised effective July 1.
Most of the revisions are to clarify what
is already in the contract rather than
change it in any substantive way. I’ll
highlight two changes: one, changes
to the fixtures paragraph, and two,
changes to the parties’ responsibility
for the payment of various owner
association fees. Shall I take them in
that order?
SPEEDY: Sounds good.
FORMS GUY: Okay, the substance
of the fixtures paragraph is not very
different from before, but the format
looks very different because it has been
reorganized into four subparagraphs to
help the parties and their agents better
understand the issues they need to
address. For example, in the old version
of the contract, there was a single blank
where you identified items that were
not owned by the seller, as well as items
the seller did not intend to convey. In
the new version, there is one place to
identify items that are leased or not
owned by the seller, and a separate place
to identify items that the seller is not
conveying. We hope that by breaking
these out into separate subsections,
it will remind users to identify both
items not owned by the seller as well as
fixtures the seller is not going to convey.
SPEEDY: Okay, I get that. Are there
any other changes to the fixtures
paragraph?
FORMS GUY: Yes. In the laundry
list of specified items that convey,
we have added “mounting brackets
for televisions and for speakers and
all related hardware” and “security
systems” as new items.
SPEEDY: Good. I had an issue with a
TV mounting bracket last week. How
about fuel tanks and fuel? I had a sale a
while back where the seller sold propane
fuel back to the provider, but the buyer
claimed it belonged to her because it was
still in the tank at settlement. As a result,
the other agent and I ended up paying
for the cost of the fuel in the tank.
FORMS GUY: The list of specified
items that convey has been revised to
clarify that the buyer will get whatever
contents of a fuel tank that have not
been used, removed or resold to the fuel
provider as of settlement.
SPEEDY: So if the seller provides a
receipt showing that the fuel has been
sold back to the fuel provider, the buyer
can not claim that the fuel in the tank
belongs to the buyer?
FORMS GUY: That’s the idea.
NCAR’s lawyers write their weekly Q&As and those appearing in Insight based on calls they receive
through the Legal Hotline. As a member of NCAR, you now have free, unlimited access to the Hotline!
Have a legal question? Call 800-443-9956 or email [email protected] to get started.
SPEEDY: Can the seller use or remove
all fuel in the tank before settlement?
FORMS GUY: The seller’s use, removal
or resale of fuel in any fuel tank is
subject to the seller’s obligation to
provide working, existing utilities
through closing or possession by the
buyer. A new “Note” has been added at
the end of Paragraph 2 to underscore
that fact.
SPEEDY: What about the other change
you mentioned?
FORMS GUY: The other change is the
most significant change to the contract
in my opinion. It has to do with the
payment of fees charged by an owners’
association. Aside from regular and
special assessments, the old version of
the contract put the obligation on the
buyer to pay all owner association fees
and charges except any fee incurred by
the seller in completing the disclosure
statement. The new version attempts
to allocate responsibility between the
buyer and seller for the payment of the
various fees that may be charged by an
owners’ association or management
company in a more balanced way.
SPEEDY: How do you mean?
FORMS GUY: In Paragraph 8(j) of the
new version, the seller is responsible
for paying any “transfer or similar
fee.” That phrase is intended to cover
any charge related to transferring or
changing ownership records to a new
owner, whether it’s called a “transfer
fee” or something else. A “new owner
set-up fee” would be an example of
such a fee.
SPEEDY: I was a buyer agent in a sale
recently where the HOA charged a
“social membership initiation fee” and
a “capital contribution fee.” Would the
seller be responsible for paying those
fees under the new contract?
FORMS GUY: No, assuming those fees
are not related to transferring ownership
to the new owner. If not, they should be
the responsibility of the buyer.
SPEEDY: How about a charge for
confirming that the seller is current
on the seller’s association dues or
assessments?
FORMS GUY: Under the new contract,
that must be paid by the seller.
Paragraph 8(j) says the seller shall
pay “any fees required for confirming
Seller’s account payment information on
owners’ association dues or assessments
for payment or proration.”
SPEEDY: How about information
about an HOA that the buyer’s lender
may require, such as the amount of the
association’s reserves?
FORMS GUY: Under the new contract,
the buyer is responsible for paying any
fee charged by the owners’ association
for information relating to a buyer’s due
diligence. See Paragraph 6(a). Getting a
loan is part of the buyer’s due diligence
process, so a charge for information
provided at the request of the buyer’s
lender should be paid by the buyer.
SPEEDY: It sounds like it might be
confusing trying to figure out who’s
responsible for paying what!
FORMS GUY: The reality is that the
variety of fees charged by owners’
associations and their management
companies has proliferated, at least in
certain areas of the state. The sum total
of those fees can be quite significant
in some instances. As I said earlier, the
new version of the contract attempts to
allocate responsibility for the payment
of those fees in a more equitable way
than under the old contract. The lawyers
and REALTORS® on the task force
responsible for changes to the contract
felt it is more appropriate for the seller
to pay fees associated with the transfer
of the property because the seller, as a
member of the owners’ association, is
in a better position than the buyer to
be familiar with such fees or to obtain
information about them from the
association or its management company.
In some situations it might be difficult
to determine what a fee is supposed to
be for and which party is responsible for
paying it. In my view, both parties should
seek to determine what fees are going
to be charged by the owners’ association
and/or the association’s manager as early
in the process as possible. If the parties
know what the fees are going to be,
they can negotiate the transaction with
those fees in mind to help avoid later
misunderstandings.
SPEEDY: Okay, thanks Forms Guy. I’ve
got to run because I’m a busy, busy man!
FORMS GUY: You’re welcome, Speedy.
If you ever slow down a bit, there’s a
detailed summary of all the changes to
the contract on the NCAR website.
Best wishes!
Contact Will Martin
at [email protected]
if you have a suggested
discussion topic for Forms Guy.
[TECH TIPS]
[ Safety Tools]
Tech Tips for
NC REALTORS®
Safety is top of mind for us all this month. Emerging technologies continually offer resources
to help REALTORS® stay safe on the job. It is critical to have a plan in place to protect yourselves
and your clients. Two of our newest NC REALTOR® Partners are designed to do just that.
BY: BLAIR WILBURN | DIRECTOR OF COMMUNICATIONS AND MARKETING
Online security is critical
Lately, there have been a number of high-profile security breaches in the news. With so much of the homebuying process being
streamlined via electronic communication, clients need to be assured their personal and financial information is safe.
One of our new REALTOR® Partners, Citrix ShareFile, is a secure file transfer and collaboration service. ShareFile has four key
benefits, allowing agents to:
1. Send files of any size, securely through their existing
email service;
2. Store all documents in the cloud and access or share
them with others through a custom branded workspace;
3. Access documents from anywhere, with any device;
4. Have documents electronically signed.
Clients value their privacy and do not appreciate having their personal information fall into the
wrong hands. This program allows you to embed secure links to files right from your email.
Citrix ShareFile will help give your clients peace of mind with a secure, easy way to send and receive
confidential information. NC REALTORS® receive 10 percent off monthly or yearly ShareFile services.
Personal safety on the go
Real estate professionals across the country are faced with dangerous situations every day. Creating a safety checklist and good
habits are critical protocol to protecting yourself. But what happens when you’re faced with a sudden emergency while at a listing
appointment or open house? Are you prepared?
REALTOR® Partner OnGuardHelp is here to help. A mobile Personal Emergency Response System (mPERS) app for smart phones,
OnGuardHelp is designed to help you be more secure wherever you are.
Created in North Carolina, the app offers a simple display screen with a three- or five-button emergency option. Each button
corresponds to a specific type of emergency. With one click, OnGuard will make an instant call and text alert, with real time GPS
location, to first responders (police, fire or EMT). For critical
situations, the options include a silent alert, which sends a
crisis monitoring agent a silent alarm who can then notify law
enforcement of your location.
NC REALTORS® will save $18 to $36 on the annual plan options
with OnGuardHelp. Unsure if a safety app is right for you? Try the
first month for free.
MORE
INFO
Visit www.ncrealtors.org/partners
for details on the NC REALTOR®
Partners or contact Partner Program
Manager Robin Cooper
at [email protected].
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- North Carolina Association of REALTORS

Transcription

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