Nov 2010 - Rockland County Board of REALTORS

November 2010
The Voice of Real Estate
Event Calendar
November
8th
C/E – 4 Credits
Home Construction
Fundamentals for Realtors
9:00am – 1:15pm
10th
Broker/Owner/Manager
Meeting
Holiday Inn, Orangeburg
9:00am – 11:00am
November 17, 2010
Casa Mia Manor House
8:30 AM • Breakfast
Vote on
2011 Slate of Officers & Directors
Ed Sumber Presents
th
10
C/E – 3 Credits
Advanced Consent for Dual
Agency
6:30pm – 9:45pm
17th
Annual Realtor Meeting &
Rockland Realtor
Convention
Casa Mia, Blauvelt, NY
8:30am – 12:00pm
18th
C/E – 3 Credits
Seven Deadly Sins
6:30pm – 9:45pm
19th
C/E – 3 Credits
Advanced Consent for Dual
Agency
9:00am – 12:15pm
30th
Save the Date
End of Year Party
Legal Update for 2010
&
Advanced Consent
To Dual Agency
Effective January 2011
Presentation Awards for
REALTOR of the Year & Affiliate of the Year
Installation of 2011 Officers & Directors
MEMBERS FREE!
Advanced Registration is necessary;
Please call the Board Office to reserve your spot!
Table of Contents
President’s Message ........................................................................... 2
Current Market Conditions ................................................................... 3
Legal Corner ....................................................................................... 5
Code of Ethics ..................................................................................... 6
NYSAR Updates.................................................................................. 7
Fair Housing ........................................................................................ 9
Affiliate Spotlight.................................................................................. 10
Nominating Committee ........................................................................ 11
New REALTORS ................................................................................. 12
Education ............................................................................................ 13
President’s Message
2010 Leadership
PRESIDENT
Drew Kessler
638-9402
November is going to be a busy month for me. The
month starts with NAR’s National Convention which
will be held in New Orleans, Louisiana. With
President-Elect Bill Thorne we will have the
opportunity to network with boards from across the
country and learn about upcoming issues that our
industry faces and solutions that are presented to overcome those
obstacles.
PRESIDENT-ELECT
Bill Thorne
634-7474
SECRETARY
Denise Murphy
634-1668
TREASURER
Jerry Lott
268-5450
Two days after our return we have our Broker/Owner meeting on
November 10th. Legal Council Edward Sumber will be giving a report on
the new agency law to those in attendance. This will be a major topic as
the New Year approaches.
PAST PRESIDENT
Raj Bajaj
729-8521
DIRECTORS
Elsa Seguinot
Roland Hakim
Linda Lipkins
Mike Galgano
Merrill Starostiak
Roberta Bangs
Sharon Tucker
634-0400
624-6500
634-7474
639-9800
634-0400
735-3700
623-5200
AFFILIATES
Steven Greenberg
Abe Kurek
364-6161
821-4063
Happy Fall! I hope this message finds everyone in
good health and happy spirits.
A week later we will meet to say goodbye to the old and welcome the
new. It is with great privilege that I am able to turn the reigns of our
organization over to incoming President Bill and his team to lead us
through next year at his installation during our Annual Meeting that will
take place on November 17th. If you have not already registered for this
event, please take the time to do so. We will recap this past year and
honor those who have gone above and beyond for our organization.
But wait there is more…we will wrap up the month with the Board’s
Holiday Gala on November 30th. This will allow everyone the opportunity
to enjoy a nice dinner / dance with minimal interruptions. I have been told
I cannot speak for more than a minute nor can anyone else! The focus of
the evening will be on fellowship.
If that was not enough, for those involved with the Rockland YPN chapter,
Orange County has challenged us to a bowling match to be held at Lucky
Strike Bowl on November 11th. Even if you are not in the chapter, please
come out to support us, and I promise you will have a blast!
If anyone ever has any questions or issues that I can address, please feel
free to contact me. Thank you for the honor of leading our organization
this year, and I continue to enjoy the journey.
Drew Kessler
THE ROCKLAND REALTOR
OFFICIAL PUBLICATION of the
ROCKLAND COUNTY BOARD OF REALTORS
300 North Middletown Road
Pearl River, NY 10965
(845) 735-0075 email: [email protected]
Our goal is to better inform our membership and
provide a vehicle for us to communicate with each
other. This is your newsletter. We invite you to
submit articles and suggestions to Editor, Board of
Realtors, 300 N. Middletown Rd., Pearl River, NY
10965 or call (845) 735-0075.
NEWSLETTER STAFF
EDITOR:
Adam DiFrancesco
PUBLISHER
Valerie Peters
Interested in advertising in this newsletter? Call
735-0075
The Rockland County Board of REALTORS makes
no warranties and assumes no responsibility for the
accuracy of the information contained herein. The
opinions expressed in articles are not necessarily
the opinions of the Board of Realtors.
Visit our website at www.rcbor.com
2
Current Market Conditions
Sales in New York State existing single-family homes fell by more than 27 percent in the 2010 third quarter from the
second quarter, according to preliminary single-family sales data accumulated by the New York State Association of
®
REALTORS . The 2010 third quarter statewide median sales price grew by 15 percent compared to both the 2010 second
quarter and the third quarter of 2009.
Third quarter sales were expected to underperform after the expiration of the federal homebuyer tax credit. The
opportunity to benefit from a tax credit of up to $8,000 moved buyers from the typically active third quarter into the second
quarter as indicated by the strong second quarter sales totals and the June sales record.
There were positive market indicators during the third quarter found in the continued gains in statewide median sales
price, which show activity is taking place across a broader spectrum of home prices. This is an indication that buyers are
returning to the higher price ranges in local markets in many areas of the state.
NYSAR and research partner, Siena Research Institute (SRI), released the third quarter New York State Consumer Real
Estate Sentiment Scores, which gauges consumer sentiment toward the housing market, on Wednesday, October 20.
Overall, the survey found New York consumers are negative about the current real estate market and moderately
optimistic about its future. They continue to feel that now is a very good time to buy, but a poor time to sell. Optimism
about future buying prospects was positive, but down from last quarter, while future selling sentiment improved.
The goal of the scores is to provide quarterly appraisal of the public’s mood toward buying and selling a home in New
York State.
Existing Single-Family Homes Sold Third Quarter 2008-2010
Source: NYSAR Housing Statistics
®
New York REALTORS sold 17,996 existing single-family homes in New York State during the 2010 third quarter, a
decrease of 27.4 percent from the 2010 second quarter. The sales total represents a 27.4-percent decrease compared to
the 2010 third quarter.
3
Median Sales Price of Existing Single-Family Homes Third Quarter 2008-2010
Source: NYSAR Housing Statistics
The 2010 third quarter statewide median sales price of $230,000 represents an increase of 15 percent from the last
quarter and a 15.1-percent increase from the 2009 third quarter.
January
February
March
April
May
June
July
August
September
2010
4555
4068
5461
6285
6758
11518
5843
6129
6012
Sales of Existing Single-Family Homes January - September 2000-2010
2009
2008
2007
2006
2005
2004
2003 2002
4024
5322
6626
6497
6674
6389
6164 6304
3548
4729
4659
5734
5692
5457
5019 5663
4528
5311
7241
7416
7167
6752
5923 6624
4997
6065
6986
7176
7702
7446
6373 7592
5801
6943
8271
8994
8620
8213
7008 8399
7650
8010
9741
11000
11001
10613
8469 9163
8755
8809
9845
9704
10750
10891
9814r 10098r
8653
8712
10,792 11210
12082
11185
9795 10207
7365
7513
7614
9114
10532
9680
9473 8343
2001
5527
4556
5790
5903
7198
8913
6157
7140
7182
2000
4486
4006
5291
5830
7367
9293
8241
9306
8181
Source: NYSAR Housing Statistics
The September 2010 sales total of 6,012 was down 1.9 percent from the August total of 6,129 and 18.4-percent down
from the September 2009 total of 7,365.
Median Sales Price of Existing Single-Family Homes September 2009 to September 2010
Source: NYSAR Housing Statistics
The September 2010 median sales price of $229,102 represents a 4.1-percent decrease from August 2010, but was a
14.6 percent increase from September 2009.
4
Legal Corner
“In particular, a real estate broker or agent is in a unique
position to refer settlement service business and through
Compensation to Realtors® for Home Warranty Contracts are
Kickbacks
Edward I. Sumber, Board Counsel
marketing can affirmatively influence a homebuyer’s or
seller’s selection of an HWC. As a real estate broker and
agent hold positions of influence in the real estate
transaction, a homebuyer or seller is more likely to accept
the broker’s or agent’s promotion or recommendation of a
settlement service provider. Therefore, marketing performed
by a real estate broker or agent on behalf of an HWC to sell a
homeowner warranty to particular homebuyers or sellers is a
“referral” to a settlement service provider”.
On June 25, 2010 an opinion from General Counsel, Helen R.
Kanovsky, of the Department of Housing and Urban Development
(“HUD”), appeared in the Federal Register (24 CFR Part 3500
[Docket No. FR-5425-1A-01]). This interpretive rule from HUD
essentially states that compensation paid to a real estate broker
in connection with the broker’s recommendation of a home
warranty company (an “HWC”) for a buyer or a seller, constitutes
an illegal kickback in violation of Section 8 of the Real Estate
Settlement Procedures Act (“RESPA”) and HUD’s regulations.
Compensation Equals an Illegal Kickback
The opinion indicates that an HWC’s compensation payment to a
real estate broker or agent for marketing services that are
directed to a particular homebuyer or seller would be a payment
that violates Section 8 of RESPA. As such, the payment
constitutes an illegal kickback for a referral of settlement service
business.
Ouch!
In 1996, then Secretary of HUD, Nelson A. Diaz, issued a letter
stating that:
“A home warranty is a settlement service covered by RESPA.
The RESPA regulations do not prohibit a person [e.g., a
REALTOR®] from receiving more than one fee in the
transaction. However…the payment must be for services that
are actual, necessary and distinct from the services provided
by such person. Additionally the fee itself must be
reasonably related to services actually performed.”
Can a Real Estate Broker be Compensated?
The HUD opinion indicates that Section 8(c) of RESPA and
HUD’s regulations allow payment for qualified services actually
performed. The services performed must fall within specific
categories that are atypical of the services that are performed by
real estate agents in connection with home warranty contracts.
For example, specific services outside the scope of the referral of
the home warranty contract can be performed by a real estate
agent for the principal. Such services may not be duplicative of
those typically provided by a real estate broker or agent.
Evidence of such unusual services would include a homeowner
warranty company’s designation of a real estate broker as the
HWC’s legal agent and the assumption by the HWC of
responsibility for any representations made by the broker about
the warranty contract. Moreover, the real estate broker must fully
disclose to the consumer any compensation to be paid to the real
estate broker or agent by the HWC. The homeowner must also be
made aware that the consumer may purchase the home warranty
from other vendors or choose not to purchase any home
warranty.
Since that time, home warranty companies have commonly
entered into agreements with Realtors® which were either for
administration services or marketing purposes. Compensation
has commonly been paid by the home warranty company to the
broker for guiding a homeowner or a purchaser to purchase a
home warranty contract. Such contracts provide standard
protection sought by buyers as part of the closing process. Real
estate agents have commonly provided services in completing the
forms to issue the home warranty contracts and performing
administrative services for which they have received fees from the
home warranty companies.
New Interpretive Rule
The opinion of General Counsel, Helen R. Kanovsky dated June
18, 2010, indicates that under Section 8 of RESPA and HUD’s
implementing regulations the payment of compensation to a real
estate broker or agent who has referred a seller or buyer to a
home warranty company constitutes a kickback. Section 8
indicates that “RESPA prohibits a real estate broker or agent from
receiving a fee for such a referral, as a referral is not a
compensable service.”
These standards, which are extremely difficult to adhere to, are
subject to review “on a case-by-case basis (by HUD) to determine
whether compensation provided was a kickback for a referral or
legal payment for the compensable services”.
Comments from the Realtor® Community
The word “referral” is defined in the opinion as:
The notice of the interpretive rule published in the Federal
Register invited Realtors® and members of the public to comment
on this rule. The period for the submission of comments has now
expired (July 26, 2010) and it will be interesting to determine
whether this rule, which is now binding upon the Realtor®
community, will be enforced as stated. In the interim, Realtors®
should avoid the receipt of any compensation for recommending
or referring buyers or sellers to purchase a home warranty
contract of any kind.
“A referral includes any oral or written action directed to a
person which has the effect of affirmatively influencing the
selection by any person of a provider or a settlement service
or business incident to or part of a settlement service when
such person will pay for such settlement service or business
incident thereto or pay a charge attributable in whole or in
part to such settlement service or business.”
In substance, HUD’s interpretive rule indicates that “marketing
services” performed on behalf of a homeowner warranty service
*
company are not compensable services which are outside of a
broker’s usual functions. The interpretive rule states in part that:
*
*
*
Reprinted from Real Estate In-Depth, official publication of the
Westchester/Putnam
Association
of
Realtors,
Inc.
5
Code of Ethics
Article 2
®
apartment since Tenant T had taken possession. Additional
phone calls made it clear that Tenant T had moved out of state
leaving no forwarding address and that Tenant T’s security
deposit would only cover a small part of the damage. Owner O,
realizing that he would have to pay for most of the repairs,
instructed his attorney to try to locate Tenant T. The attorney, in
turn, asked REALTOR® A to provide all materials concerning
Tenant T. REALTOR® A instructed his office manager to deliver
the
file
on
Tenant
T
to
the
attorney’s
office.
REALTORS shall avoid exaggeration, misrepresentation, or
concealment of pertinent facts relating to the property or the
®
transaction. REALTORS shall not, however, be obligated to
discover latent defects in the property, to advise on matters
outside the scope of their real estate license, or to disclose facts
which are confidential under the scope of agency or non-agency
relationships as defined by state law. (Amended 1/00)
• Standard of Practice 2-1
®
REALTORS shall only be obligated to discover and disclose
adverse factors reasonably apparent to someone with expertise in
those areas required by their real estate licensing authority.
®
Article 2 does not impose upon the REALTOR the obligation of
expertise in other professional or technical disciplines. (Amended
1/96)
The attorney, in reviewing the documents, noted that an item had
been eradicated from the credit report. Obtaining a duplicate copy
from the local credit bureau, it became clear that the report in
REALTOR® A’s file had been altered. The attorney shared this
information with his client, Owner O, who filed a complaint against
REALTOR® A alleging that Article 2 had been violated.
At the hearing, REALTOR® A admitted that he had altered the
credit report but defended his action on the basis that Tenant T’s
credit history had been generally satisfactory except for the
delinquent department store accounts. Further, REALTOR® A
indicated that in his opinion Owner O’s insistence that any
potential tenant have an unblemished credit history was
unwarranted, made REALTOR® A’s role in identifying potential
tenants needlessly difficult, and could ultimately result in a large
number of vacancies, a result not in Owner O’s best interest.
• Standard of Practice 2-2 (Renumbered as Standard of Practice
1-12 1/98)
• Standard of Practice 2-3 (Renumbered as Standard of Practice
1-13 1/98)
• Standard of Practice 2-4
®
REALTORS shall not be parties to the naming of a false
consideration in any document, unless it be the naming of an
obviously nominal consideration.
The Hearing Panel concluded that REALTOR® A’s defense was
unfounded and that in altering the credit report he had knowingly
misrepresented a pertinent fact in an attempt to circumvent
specific instructions from his principal. REALTOR® A was found
to have violated Article 2.
• Standard of Practice 2-5
Factors defined as “non-material” by law or regulation or which
are expressly referenced in law or regulation as not being subject
to disclosure are considered not “pertinent” for purposes of Article
2. (Adopted 1/93)
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Case #2-16: Falsification of Credit Information (Adopted as
Case #9-29 May, 1988. Transferred to Article 2 November,
1994.)
REALTOR® A, a property manager had an agreement to manage
Owner O’s 24 unit apartment building. During the course of their
negotiations, Owner O had repeatedly emphasized that
REALTOR A was expected to use great care in screening the
financial
backgrounds
of
potential
tenants.
Several months later, REALTOR® A received an application for a
lease from prospective Tenant T. Following his usual procedure,
REALTOR® A obtained a credit report that indicated that Tenant
T had a generally satisfactory credit history but a concluding
paragraph noted that Tenant T was several months in arrears on
accounts with local department stores. REALTOR® A, anxious to
rent the vacant apartment but recognizing that his management
agreement with Owner O precluded rentals to individuals with
questionable credit histories, used correction fluid to eradicate the
reference to the delinquent accounts. Tenant T made a security
deposit equal to one month’s rent, signed a one year lease, and
moved into the apartment.
Early the following month, REALTOR® A noted that Tenant T had
not mailed his rent check. A call to Tenant T’s apartment revealed
that his phone had been disconnected. REALTOR® A drove to
the property, rang Tenant T’s bell and, getting no response, let
himself into Tenant T’s apartment with a master key. It became
quickly apparent that extensive damage had been done to the
6
NYSAR Updates
New agency disclosure law goes into effect on January 1, 2011
Anthony Gatto, Esq.
NYSAR Director of Legal Services
On August 30, 2010, Gov. David Paterson signed a bill into law amending Real Property Law §443 to add two new
components to the agency disclosure law relating to advanced consent to dual agency and agency disclosure for
condominiums and cooperative apartments/units. The new law and required forms do not take effect until January 1,
2011.
Under the new law, sellers, landlords, buyers and tenants are permitted to consent to dual agency or dual agency with
designated sales agents in advance by indicating the same on a new revised agency disclosure form.
The concept of advanced consent to dual agency has been around for quite some time, but was not permitted under the
Real Property Law. The New York State Department of State, Division of Licensing Services has issued a legal
memorandum directly on point with this issue. According to “Legal Memorandum LI12: Be Wary of Dual Agency,” dual
agency typically arose in the following way: a real estate broker employs two salespeople, one who works for the buyer as
a buyer’s agent and the other who works for the seller as a seller’s agent. The real estate broker and his salespeople are
“one and the same” entity when analyzing whether dual agency exists. The memorandum goes one step further by
expressly stating, “As soon as the buyer’s agent introduces the buyer to property in which the seller is represented by the
seller’s agent, dual agency arises.” This position meant that dual agency was transactional in nature (in other words, dual
agency cannot be consented to until such time as it actually arises) and advanced consent to the same was prohibited. By
taking such a position, the DOS required that dual agency be consented to prior to an in-house showing of a listed
property.
It was NYSAR’s opinion that by not permitting advanced consent to dual agency, the consumer was the only party being
penalized. Without the option to consent to dual agency in advance, the consumer would be required to sign numerous
agency disclosure forms every time another buyer’s agent from the listing brokerage wanted to show the property to a
buyer client. Often, the buyer would be unable to view a property because the seller was unavailable at the time.
Furthermore, sellers were often confused as to the reason why they were required to sign numerous forms.
Advanced consent to dual agency (and advanced consent to dual agency with designated sales agents) should not be
utilized by licensees until January 1, 2011 when the law becomes effective. On or after January 1, 2011 licensees will be
able to have their respective clients consent to dual agency (and advanced consent to dual agency with designated sales
agents) once an agency relationship is established at first substantive contact.
When dual agency is discussed with the client, the client will then be able to indicate their consent to dual agency in
advance by indicating the same on the new agency disclosure form. Advanced consent to dual agency with designated
sales agents can be done in the same manner. The only difference is that the seller, landlord, buyer or tenant will be able
to designate a specific licensee as a designated agent should it arise. It is not required that both designated agents are
filled in when advanced consent is given. In other words, when a seller consents to dual agency with designated sales
agents in advance, it is likely that the seller will designate their listing agent (unless the listing agent is the principal broker
since principal brokers are prohibited from acting as a designated agent). Likewise, a buyer will most likely designate their
buyer’s agent as their designated agent (except in the instance where the buyer’s agent is the principal). Once dual
agency with designated sales agents arises, both sides will know the identity of the other designated agent.
In discussions with the Department of State, NYSAR has clarified the responsibility of a licensee once dual agency or dual
agency with designated sales agents arises. If dual agency arises as a result of a showing, the licensee is not required to
notify the seller immediately since the seller should reasonably presume that dual agency showings will occur during the
time of the listing. However, it is highly recommended that the seller be informed as to all instances of dual agency that
are the result of a showing. This notification can be done via telephone, email (using the address provided by the seller),
fax (using the fax number provided by the seller) or by letter. As always, NYSAR recommends all notices be in writing so
the licensee will have documented proof of any such notification.
After dual agency arises, if a potential purchaser begins negotiations of any type, it is required that the licensee contacts
the seller and informs them that there is a dual agency situation where the buyer is showing interest in the property.
Again, this notification can be done via telephone, email (using the address provided by the seller), fax (using the fax
number provided by the seller) or by letter. In order to minimize the potential for liability, all notices should be in writing
and made at the time of negotiations or immediately thereafter. If a dual agency showing results in the presentation of a
purchase offer, it is recommended that the signed agency disclosure forms be attached to the purchase offer so it is clear
to the seller and buyer that the transaction is dual agency in nature. There is nothing prohibiting a licensee from having
their client(s) execute a new agency disclosure form at the time of contract to memorialize their understanding of a
licensee’s agency status.
7
Licensees should be aware that dual agency must be discussed with the seller and/or buyer at the onset of discussions
concerning agency. The law specifically states that the client is giving consent to “advanced informed consent”. This
means the client must be fully informed as to all aspects of dual agency. Clients need to be fully informed as to the
fiduciary obligations they will be losing by agreeing to dual agency as well. Licensees must make it perfectly clear what
the client is consenting to and how it will affect the representation they are receiving from the licensee. Failure to do so
can be considered a violation of Article 12-A of the Real Property Law and may subject the licensee to DOS disciplinary
action.
New law requires disclosure for condominiums and cooperative apartments/units
Under the new law, condominiums and co-operative apartments/units are added in the definition of residential real
property as it relates to agency disclosure. This change now requires real estate licensees representing a seller, landlord,
buyer or tenant of a condominium or cooperative apartment/unit to be presented with the agency disclosure form at first
substantive contact pursuant to Real Property Law §443(3)(a-c).
Prior to the passage of this bill, Real Property Law §443(1)(f) specifically exempted condominiums and cooperative
apartments/units from the requirement of providing an agency disclosure form. Only licensees having substantive contact
with a seller, landlord, buyer or tenant of a 1-4 family dwelling were required to provide the agency disclosure form to
those individual(s). With the removal of the exemption and the inclusion of condominiums and cooperative
apartments/units, licensees will be required to provide the agency disclosure form for all 1-4 family dwellings as well as
condominiums and cooperative apartments/units.
The new forms are available in the legal section of NYSAR.com but should not be used until January 1, 2011.
8
Fair Housing
Fair Housing Is Not A Once A Year Celebration
Bill Thorne, Licensed Real Estate Associate Broker
President-Elect, RCBOR
The opportunity to live and work in Rockland County offers each of us the richness of diversity of culture, religion, and a real opportunity
to realize those principles embodied in the Continental Congress’ Declaration of Independence: “We hold these truths to be selfevident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness,” and the subsequent creation of our national Constitution: “We the People of the United
States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote
the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the
United States of America.”
These principles, men of differing beliefs, social positions, religions and from different lands, came together and agreed should be the
basis for the formation of the new nation – The United States of America. Since the writing, ratification, and adoption, the Constitution
has been the law of the land. However, from time to time there are those who take it upon themselves, for whatever reason, to deny
others those freedoms clearly guaranteed under the law of the land. Under, Article 4. Section 2: “The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several States.”
Having the right to rent or lease a home or other facility in which to live, or to purchase a residence is a right guaranteed to us. When
those who infringe on this right by denying or making it difficult to achieve this goal, it is a negative reflection upon all Realtors.
The Congress has enacted laws labeled “Fair Housing Act” and charged the U. S. Department of Housing and Urban Development with
the responsibility of educating, disseminating and enforcing these laws.
The month of April is designated Fair Housing Month, in an effort to achieve the goal of educating and disseminating the prohibitions
contained in the law, and in an attempt to ensure equal treatment to all in securing housing.
The Fair Housing Act has the following prohibitions:
Denial of access to housing based on
Race or color
National origin
Religion
Sex
Familial Status – number of [minor] children living with parent(s)/legal guardian(s), pregnant women, foster parenting.
Handicap (Disability – Disabilities)
For our purposes the Act covers most housing. In certain circumstances, an owner-occupied building may be exempt from portions of
the act; exemptions also apply to a building with no more than four units, single-family houses sold or rented without the use of a
Broker/Salesperson/Realtor, and housing operated by organizations and private clubs that limit occupancy to its members.
It is important to remember that in connection with the Sale or Rental of housing, the following actions are expressly forbidden under
the Act:
Refuse to rent or sell housing
Refuse to negotiate for housing
Refuse to make housing available
Deny a dwelling
Set different terms, conditions or privileges for sale or rental of a dwelling
Provide different housing services
Falsely deny that housing is available for inspection, sale or rental
For profit, persuade owners to sell or rent (Blockbusting)
Deny ANYONE access to or membership in a facility or service (such as a MLS) related to the sale or rental of housing
Refuse to make a mortgage loan
Refuse to provide information regarding loans
Impose different terms or conditions on a loan, such as different interest rates, points or fees.
Discriminate in appraising property
Refuse to purchase a loan, or set different terms or conditions for the purchase of a loan
Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right
Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status, or
disability. ***This prohibition applies to single-family and owner-occupied housing that is otherwise exempt from the Act.***
The foregoing does not exhaust the entire list of existing prohibitions. Please do not assume that because it is not listed h ere it is
permissible. You are encouraged to familiarize yourself with the entire Act to ensure that you do not violate, willing or unwillingly,
someone’s right to housing. A violation can be an expensive proposition for you and/or your Broker.
Fair housing is not relegated to the month of April; every month of the year is fair housing month! Doing the right thing and seeking to
be treated fairly is not, nor should it be an unreasonable expectation on the part of the public we serve. The stigma of being treated
unfairly when seeking to secure housing, in any community, by a Realtor is one that does not fade over time. Certainly, as Realtors and
citizens of Rockland County, you’ll agree that doing the right thing can only serve to improve where we live and making Rockland
County the best possible place to live.
JOIN IN MAKING EVERY MONTH FAIR HOUSING MONTH IN ROCKLAND COUNTY!
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Affiliate Spotlight
Chris Christie
Continental Home Loans
(800) 540-8838
Rates are at their lowest point since 1971 according to FHLMC. Pending Home Sales
increased, which may indicate price stabilization. Previously-Owned Homes sold off their 13year lows and have steadied since the tax credit expired. New Homes Built increased and better
affordability sets the stage for bringing buyers back into the market. HUD set credit scores as
low as 500-580. However, Underwriting requirements are more stringent than ever before.
Examples are: If a Married Couple files together and one person is Self-Employed, TAX
RETURNS MUST BE USED and he/she must be Self-Employed at least one year. Deferment
on Student Loans must be for at least one year after Closing Date. No Previous Shorts Sales.
NO Mortgage Lates in last 12 months. Bankruptcy must be One Year old WITH
EXPLANATION. Condos must be approved by FHA. No Multiple FHA Loans to One Borrower.
Some Alternative Credit Requirements are allowed. Every Mortgage Bank has various levels of
acceptance for their approvals. REALTORS should work with the Mortgage Bank that can pool
and service their own loans.
Andrew Yarmus
A.B.L. Inspections
(845) 634-3580
Prior to a home inspection, a seller should be advised that it would be to their benefit to provide
clear access to and around equipment and areas of the home such as the heating equipment,
water heater, air handler, electrical service panel, attic access (including room for a ladder, if
needed), crawlspace access, etc. If a home inspector cannot gain full access to such areas and
equipment, the prospective buyer can become nervous about what undiscovered conditions
may exist at these areas, and that certainly doesn't make for a smooth sale. Having such areas
cleared from obstruction will also help to expedite the time of the inspection, as well as to
minimize the likelihood that any personal items might be accidentally damaged by an inspector
attempting to access such areas.
Sheryl Santi Luks
Santi Express
(845) 268-1600
Staging is in…
And it is an important part of successfully selling a home!
Santi Express can help with the pre-moving process by packing and moving excess items into a
client’s garage or our climate-controlled storage facility allowing our team to arrange and display
furniture to better show the home. Contact us to customize assistance that best suits your
client’s needs. Call 845-268-1600 or email us at [email protected].
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Nominating Committee
Report
Local News
In accordance with the Bylaws, the following is the slate
®
for 2011 Rockland County Board of REALTORS
Officers and Directors submitted by the Nominating
Committee.
President-Elect:
Secretary:
Treasurer:
Past President:
Directors:
Affiliates:
Jerry Lott
Denise Murphy
Sharon Tucker
Merrill Starostiak
Martina Cinarli
Anastasia Culianos
Michael Galgano
Joy Dorn
Janet Guerra
Gail Moggio
Chris Christie
Barry Dorfman
CONGRATULATIONS
to Adam DiFrancesco on being invited to
join the 9th Annual Forty Under 40,
sponsored by Provident Bank!
3 years
3 years
3 years
2 years
2 years
1 year
1 year
1 year
2010 President-Elect, Bill Thorne, automatically moves
into Presidency. 2010 President, Drew Kessler, remains
on the Board through 2012.
Directors completing their terms:
Elsa Sequinot
Roland Hakim
Linda Lipkins
2 years
1 year
1 year
On Thursday, November 11th at 6 PM,
RCBOR’s YPN will be meeting up with
Orange County’s Young Realtors at Lucky
Strike in West Nyack for a Bowling
Tournament. No actually bowling skills are
necessary; come and join our YPN for a
night of fun and networking!
Additional candidates for the offices to be filled may be
placed in nomination by a petition signed by at least
®
twenty (20) REALTOR Members. The petition shall be
filed with the Secretary at least ten (10) days before the
date of the election.
The election of Officers and Directors will be held at our
th
Annual Meeting November 17 , 2010 at Casa Mia
Manor House in Blauvelt beginning with breakfast at
8:30AM.
Our Annual Meeting will also be conducted in
rd
conjunction with our 3 Annual Rockland Realtor
Convention. The Convention will feature our local
Affiliate members who will have tables and booths
available to you throughout the meeting.
Our Sponsors and Exhibitors will include:
Continental Home Loans
HSBC Mortgage Corporation
Home Inspection Services
Liberty Mutual Insurance
Met Life Home Loans
Mortgage Master Inc.
Prospect Lending, LLC
Santi Express
Sensible Staging & Redesign
Wells Fargo Home Mortgage
US Alliance Federal Credit Union
CONGRATULATIONS to Angelique Ilo
and Michael Kubala, the 2nd Place Winners
of NYSAR’s Realtors Got Talent!!
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Welcome New REALTOR Members
DESIGNATED REALTOR MEMBERS
Wetzer Jeannot
Joseph Sapienza
Wilson Vasquez
Prestige Realty Group
Sapienza Realty & Management
Roundhouse Properties
REALTOR MEMBERS
Salvatore A Albero
Jodi Anton
Zishe Babad
Yitschok Breuer
Glenda Brunson
Steven Burd
Laurie Caracappa
Robin Cohen
Nina Crimi
Jesse Dorfman
Jack Eisenberg
Andrew Emery
Justin Francis
Yehuda Greenwald
Diane Guerra
Natasha C Coward Jefferson
Maria Kasser
Esther Kempf
Renee Llanos
John Lynch
Bruce McClintock
Joseph C Morales
Sharron Nunez
Garth Palmer
Rohan Patrick
Linie C Rand
Farshad Ravanshad
Mary Reardon
Marcella Riggs
Eligio Rivera
Shelley Roberts-Smith
Alexander Romero
David Rosen
Mark Sagula
John Siegriest
Joseph R Thomas
Donald Thorkelson
Maricza Torres
Natalya Vasilyeva
Coldwell Banker Res Brokerage
Coldwell Banker Res Brokerage
Equivest Realty
Realty Teams
CBC Realty
Jack Guberman
C-21 Grand
Weichert Realtors
Weichert Realtors
Baer & McIntosh
Weichert Realtors
Coldwell Banker Res Brokerage
Weichert Realtors
Weichert Realtors
Weichert Realtors
RGH Realty #1
Weichert Realtors
Weichert Realtors
Ugell Realty
Coldwell Banker Res Brokerage
Linda Gambardella
Coldwell Banker Res Brokerage
Prudential Joyce Realty
Weichert Realtors
BH&G Rand Realty
BH&G Rand Realty
Weichert Realtors
Coldwell Banker Res Brokerage
Baer & McIntosh
Weichert Realtors
DSS Services LLC
Weichert Realtors
Weichert Realtors
Weichert Realtors
ReMax Professional Realtors
Starlight Realty
C-21 Grand
Weichert Realtors
Kennedy & Kennedy
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Education
RCBOR’S UPCOMING EDUCATION CALENDAR
TAKE YOUR CAREER
TO THE NEXT LEVEL
PLAN AHEAD FOR 2011
GET YOUR BROKERS LICENSE
If you are a licensed salesperson
having completed the 45 hour prelicensing course, you are required to
take the 30 hour remedial (GAP)
course prior to taking the 45 hour prelicensing course for a broker’s license.
(Broker or Associate Broker)
30 Hour Remedial Course
$225.00/includes text – 9 students
necessary to run the class
Monday
January 31, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Thursday
February 3, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Monday
February 7, 2011
9:00am-12:00pm 1:00-pm-4:00pm
6 Hours
Thursday
February 10, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Monday
February 14, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Thursday
February 17, 2011
9:00am-11:00am Final Exam
2 Hours
45 Hour Pre Licensing Brokers
Course
$325.00/includes text – 9 students
necessary to run the class
Monday
October 17, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Tuesday
October 18, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Friday
October 21, 2011
9:00am-12:00pm -------------------3 Hours
Monday
October 24, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Tuesday
October 25, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
2010 CONTINUING EDUCATION
NOVEMBER
2010
Monday
Nov 8
9:00am-1:15pm
4 Cr
HOME CONSTRUCTION
FUNDAMENTALS FOR REALTORS
Wednesday
Nov 10
6:30pm-9:45pm
3 Cr
ADVANCED CONSENT TO DUAL
AGENCY
Thursday
6:30pm-9:45pm
SEVEN DEADLY SINS
Nov 18
3 Cr
Friday
Nov 19
9:00am-12:15pm
3 Cr
ADVANCED CONSENT TO DUAL
AGENCY
DECEMBER
2010
Friday
October 28, 2011
9:00am-12:00pm -------------------3 Hours
Wednesday
6:30pm-9:45pm
FAIR HOUSING
Tuesday
November 1, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Monday
Dec 13
9:00am-12:15pm
3 Cr
OPPORTUNITIES AND
ADVANTAGES OF HOME
WARRANTY CONTRACT
DISCLOSURE
Friday
November 3, 2011
9:00am-12:00pm -------------------3 Hours
Monday
November 7, 2011
9:00am-12:00pm 1:00pm-4:00pm
6 Hours
Tuesday
November 8, 2011
9:00am-12:00pm Final Exam 3 Hours
13
Dec 8
3 Cr
Monday
Dec 13
6:30pm-9:45pm
3 Cr
ADVANCED CONSENT TO DUAL
AGENCY
Anzisi, Rubinoff Agency
Insurance And Financial Services, Since 1960
Group Insurance offered
through the Rockland
County Board of Realtors
Call or
Email for
Free
Quotes!
Anzisi, Rubinoff Agency
We have many realty clients in the Rockland areas. Let us
show you how many realty offices can have their own small
group HEALTH INSURANCE PLANS, as well as coverage
for their 1099 Sales Associates. Our primary business is
providing small group health plans, and employee benefit
programs. Our focus is on researching and reviewing each
client’s needs on an annual basis. Every Clients Benefit
Needs Are Reviewed Annually. We work with all insurance
companies to ensure that when new plans come to market,
our clients will have the newest, best and most cost effective
plans available for their offices. Call us for a free quote, or
visit us at our Westchester or Rockland offices.
We Offer...
Health Care
Automobile
Home Owners
Life
Business
Group
Disability
Anzisi, Rubinoff Agency
Call & ask for Mike Rubinoff
Rockland Phone: (845) 358-3586
Westchester Phone: (914) 777-3577
Fax: (914) 777-3788
Email: [email protected]
14