May/June 2013 - Greater Capital Association of REALTORS

Caring • Committed • Community-Minded
Official Publication of the Greater Capital Association of REALTORS®
Volume 24, Number 3 May/june 2013
Give The Gift Of Life
By Elaine C. Freedman
GCAR will be hosting an American
Red Cross Blood Drive on Monday,
June 10, 2013. This will be the first
ever REALTOR® Blood Drive. It will
be held at the GCAR’s offices, 451
New Karner Road, Albany (Colonie)
in the training room and lounge
from 9:30 am – 2:30 pm.
The process from registration to
donation of blood takes approximately one hour. If you cannot
donate blood, we need two volunteers working each of the two hour
shifts at registration and refreshment stations throughout the day.
bakery item of their choice at All
Good Bakers – an organic, fresh
farm to bakery/café. All Good
Bakers is located at 540 Delaware
Avenue, Albany. This establishment has graciously agreed to help
co-sponsor this event with GCAR.
Please help the Red Cross restock
their blood supply and patronize
a local business. Thank you in
advance for your support.
GCAR Health Insurance Plans
Open Enrollment June 1-20, 2013
GCAR’s health insurance plans available to members and employees of
members at an open enrollment during June 1 through 20, 2013 for an
effective date of July 1, 2013. Refer below for plan details. Call 464-0191
(x14) for an application.
CDPHP PLANS
2012 Rates (Quarterly)
HMO
HA6S12Individual:$1,515.85
2 Person:
$3,016.65
Family:
$3,992.22
EPO
High DeductiblesIndividual:
$740.01
QEPOS2112
2 Person:
$1,465.02
Family:
$1,936.26
EPO w/deductibles
EH3S12Individual:$1,331.55
2 Person:
$2,648.13
Family:
$3,503.94
EPO
EPO w/deductiblesIndividual
$1,303.62
ED9S12
2 Person:
$2,592.27
Family:
$3,429.84
For blood donations please call
GCAR at 464-0191Ext. 10. Gina will
be happy to reserve your place. To
volunteer to help at the registration or refreshment tables please
call Elaine C. Freedman, RLF
Realty at 489-7474 during
business hours for the shift
you prefer to work. Thank
you in advance for your
generosity.
Each individual who
donates blood will
receive a coupon of
appreciation for one
Sole Proprietor
$1,725.96
$3,421.92
$4,534.02
$781.77
$1,668.00
$2,205.24
$1,515.84
$3,016.77
$3,992.31
$1,484.01
$2,938.05
$3,907.92
Blue Shield is not available in mid-year.
Case #12-20: Misleading Use of “MLS” in URL
(Adopted November, 2007. Revised May
2008.)
The following is a case Interpretation
form the Code of Ethics and Arbitration
Manual of the National Association of
REALTORS®
REALTOR® A, a residential broker in
a major metropolitan city, spent several weeks each year in his cabin in
the north woods where he planned to
retire one day. Even while at home in
the city, REALTOR® A stayed abreast of
local news, events, and especially the
local real estate market by subscribing
to the print and on-line editions of the
local newspaper. He also bookmarked
a number of north woods brokers’
websites to stay current with the market and to watch for potential investment opportunities.
One evening while surfing the
Internet, he came across a URL he
was unfamiliar with—northwoodsandlakesmls.com. REALTOR® A was
pleased to see the MLS serving the
area where he vacationed for so many
Having had prior dealings with
REALTOR® Z, REALTOR® A spent some
time carefully scrutinizing the website.
He noted, among other things, that
the name of REALTOR® Z’s firm did not
include the letters MLS.
association’s executive officer asking
whether REALTOR® Z had been authorized by the association to use the
URL northwoodsandlakesmls.com and
whether the association felt it presented a true picture as required by Article
12 of the Code of Ethics. The association executive responded that their
association did not assign, review, or
approve URLs used by their members,
but added that if REALTOR® A felt
a possible violation of the Code of
REALTOR® A sent an e-mail to the
continued on page 2
years had created a publicly accessible
website. Clicking on the link, he was
surprised to find that the website he
was connected with was not an MLS’s
website but instead was REALTOR® Z’s
company website.
In This
Issue
With The President...................... page 2
DATED MATERIAL
Welcome New Members............ page 6
Permit No. #164
Albany, NY
Member Update........................... page 8
5 Steps to Social Media Success
page 4
Greater Capital Association of REALTORS®
451 New Karner Road
Albany, New York 12205
PAID
PRSRT STD
U.S. Postage
2
Across the Association
may/june 2013
With The President
2013
GCAR President
Miguel Berger
Welcome to the spring market. I
know everyone is quite busy in this
great market and we are also busy at
GCAR headquarters.
I want to welcome Laura Burns as
our incoming CEO, effective January
1, 2014. Laura has been with GCAR for
several years now and many of you
know her as our Director of Association
Services. I would like to thank those
who served on the Search Committee:
Al Picchi, Cathy Griffin, Paul Semanek,
Marie Bettini, Sandy Nardoci and Tony
Garufi. We spent numerous hours and
I feel confident that we found the best
and most qualified candidate for the
position.
At the same time we are almost finished with our strategic plan for GCAR.
The Strategic Planning Committee has
been busy developing a road map for
GCAR to allow us to continue to be the
best association in NYS. As the consumer demands different things from
us, and as the way we do business is
constantly changing, we are looking
for GCAR to be the leader in innovation and support of our business.
GCAR’s Community
Outreach Fund
Supports Local
Charities
I would encourage our membership
to volunteer to start serving on committees, it is your association and if
you would like to have a voice in
GCAR’s future you should get involved.
On another note I would like to see
a huge contingent of GCAR members
at NYSAR's Lobby Day on June 11th.
We are the local association and we
should be represented in great numbers, remember it is just a few hours
of your time and it will make a difference on the way politicians look at our
issues.
Have a great spring selling season.
continued from page 1
Ethics had occurred, the appropriate
step was to file an ethics complaint.
REALTOR® A did just that, alleging
in his complaint that when he clicked
on what appeared to be a real estaterelated URL that included the letters
“MLS” he expected to be connected
with a website operated by a multiple
listing service. He stated he felt that
REALTOR® Z’s URL was deceptive and
did not meet Article 12’s true picture
test.
At the hearing, REALTOR® Z defended his URL on a number of grounds
including the fact that he was a participant in good standing in the MLS
and that he was authorized under the
MLS’s rules to display other participants’ listings on his website. “If I used
‘MLS’ in the name of my firm, I could
see how that might be perceived as
something less than a true picture,”
he argued, “but by simply using MLS
in my URL I am telling consumers that
they can get MLS-provided information about properties in the north
woods from me. What could be truer
than that?”
The hearing panel disagreed
with REALTOR® Z’s reasoning. While
REALTOR® Z’s website included information about other participants’ listings that the MLS had provided—and
that REALTOR® Z was authorized to
display—the fact remained that a real
estate-related URL that includes the
letters MLS will, in many cases, lead
reasonable consumers to conclude
that the website is an MLS’s, and not a
broker’s website.
That was the case with REALTOR®
Z’s URL and REALTOR® Z was found in
violation of Article 12 as interpreted
by Standard of Practice 12-10.
The Community Outreach Fund, GCAR’s 501 c(3) funded by voluntary
member contributions, has announced its first round of funding for 2013.
Contributions were approved by the COF Board of Directors as
follows – each was for $1,000:
Addictions Care Center of Albany
Capital Region Youth Tennis Foundation
Interfaith Partnership For The Homeless
Start Children Center
Troy Area United Ministries
Women’s Club of Albany
YWCA of the Greater Capital Region
GCAR members that each dues billing cycle they may include a $10
contribution to the Community Outreach Fund. The contribution is voluntary and helps maintain a strong REALTOR® presence in the Capital
Region. There is a contribution review process in place which is overseen
by the Community Relations Committee of GCAR.
Across the Association
Officers
The newspaper of the Greater Capital Association of REALTORS®, INC.
451 New Karner Road
Albany, New York 12205
(518) 464-0191 • Fax: (518) 464-0196
“The Greater Capital Association of REALTORS® is a professional
trade association which provides its members with programs
and services which enhance the members‘ ability to successfully
conduct their businesses in a competent and ethical manner,
promotes cooperation among its members, and promotes the
public‘s right to own, use and transfer real property.”
The voice for Real Estate in
New York‘s Capital Region.
Caring • Committed • Community-minded
President – Miguel Berger
President Elect – Albert Picchi
Secretary/Treasurer – Cathy Griffin
Chief Executive Officer – James Ader
Dir. Of Association Svcs. – Laura Burns
World Wide Web page: www.gcar.com
E-mail: support@gcar.com
Production & Printing:
Foley Publications, Inc. • (800) 628-6983
Graphic Designer:
Jake Fletcher, Foley Publications, Inc.
Advertising Information:
Foley Publications, Inc. • (800) 628-6983
The Greater Capital Association of REALTORS® makes no
warranties and assumes no responsibility for the accuracy
on the information contained herein. The opinions
expressed in articles are not necessarily the opinions of
the Greater Capital Association of REALTORS®.
The Greater Capital Association of REALTORS® does not
necessarily endorse the companies products or services
advertised in the newsletter unless specifically stated.
Directors
Nina Amadon
Marie Bettini
Joseph Farry
Kelly Gardner
Anthony Garufi
Brooke Hackler-Medick
Joel Koval
Mark Phoenix
Cynthia Quade
Lorraine Schindler
Susan Sommers
Peter Staniels
Elise Van Allen
CRMLS Directors
Jason Christiana
Paula Gaies
W. Gregory Gersch
Rory O’Connor
Liz Schultheiss
Barbara Walton
Across the Association
may/june 2013
CBR:
A Buyer
Representation
Designation Course
(Includes Fair Housing Requirement)
Fabulous Course! Fabulous
Instructor! Don’t Miss It!
Burns
Selected To
Succeed Ader As Chief
Executive Officer
simultaneous positions as executive
officer for both the Clinton County
and Northern Adirondack REALTOR®
associations; and as CEO of the
Adirondack-Champlain Valley Multiple
Listing Service. She had twelve years
of REALTOR® association management
experience before she joined GCAR.
Prior to her career in association
management she was an adjunct professor at SUNY Plattsburgh; she was a
finance officer at the Plattsburgh Air
Force Base; and she was a management analyst for the U.S. Navy, Office
of the Inspector General.
She holds a M.A. in public policy
and marketing from SUNY Plattsburgh;
she has received the RCE (REALTOR®
Certified Executive) designation;
and she is a NYS certified real estate
instructor.
Laura Burns, GCAR’s Director of
Association Services, has been selected to succeed retiring CEO James Ader
when he retires after 27 years at GCAR
this December. She will assume the
position January 1, 2014 after Mr. Ader
steps down December 31st.
Mrs. Burns joined GCAR in September
2011 when she moved from her
She has been active with both
the New York State and National
Associations of REALTORS® including three years of service on NYSAR’s
Executive Committee.
Mrs. Burns is the mother of two
daughters and she currently resides in
Guilderland, N.Y.
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8:30 a.m. – 5:00 p.m. at the GCAR Training Room
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Instructor: Jim Pugliese CBR, ABR, ITI, GRI, CRB
Course Fee: $345.00
EARN 22.5 HOURS OF CONTINUING EDUCATION CREDIT
To register call 518-464-0191 or online at www.gcar.com
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4
Across the Association
may/june 2013
5 Steps to Social Media Success
Social media can do a great deal for your business. Just be sure not to waste your time or efforts
By John D. Mayfield
Consumers are piling on to online
social networks in droves. According
to Arbitron/Edison Research, 48 percent of Americans have a profile on
a social networking site today, a
figure that has doubled since 2008.
Social networking has developed a
strong presence in many people’s
everyday lives and will not be going
away in the near future.
The number of real estate pros
active on social media sites corresponds with that of the general population. According to the NATIONAL
ASSOCIATION OF REALTORS® 2010
Member Profile, 51 percent of all
REALTORS® actively use social or
professional Web sites. When the
responses are limited to members
29 years of age and younger, that
figure jumps to 79 percent.
However, when REALTORS® who
aren’t using these tools now were
asked if they would use them in
the future, only 12 percent indicated they would. Given the rate
that potential customers and clients
are signing up and logging on, that
number seems low.
If you’re just getting started in
social networking, are still considering whether or not to jump in, or are
skeptical of its value, here are five
tips to keep in mind that can help
you get business from these technologies without sacrificing a great
deal of time and energy.
Have a Game Plan:
Determine how many
times you will post items
on your status and what
meaningful information you will
post. Determine if you plan to host a
blog and how often you'll add new
posts to your blog, or if you’ll add
videos and other important information.
Initiating a game plan on how
you approach social media will help
keep you on the tasks involved
while keeping in mind why you
are ultimately using it — to constantly remind your sphere of influence that you’re an experienced real
estate professional.
Remember: A Touch Is a
Touch: One of the best
prospecting techniques
you have is working your
sphere. When it comes to social
media, you should search for people
in your sphere and invite them to
become part of your network. It’s
also worthwhile to create a group or
list labeled “Sphere” or something
similar for people in this group.
Once you have finished this, send
a private message with a note of
friendship to the people on this list.
Occasionally, you may want to send
them an important real estate news
item, but you may want to limit
these kinds of correspondences
depending on the social network
you’re using. This entire process
should only take five minutes or
less, and it will pay big dividends
over the long run.
Be Creative and Showcase
Your Knowledge: A lot of
real estate professionals
believe that social media
is strictly about promoting your list-
ings and yourself, when in reality
it should be about what you know
and where you work. One good way
to position yourself as an expert in
your market is to write blogs or produce videos on interesting information about your hometown or area.
Share your knowledge with people
in your network, especially in your
marketplace.
Also, don’t be afraid to share your
passions outside of real estate. If
you’re good at making quilts, let
people know. Do you like to ballroom dance? Write a blog or produce a video to help others in this
specialty area. People like to do
business with those they share an
interest with, and when you can
interweave your passion with your
knowledge of the real estate market, you will find new clients in your
market area that you can bond with
for many years to come.
Pre-Post All Your Updates
Once a Week: There are
several software applications that will allow you to
post your “tweets” or status updates
to be broadcast at a later date and
time. By using this type of service,
you can go online just once or twice
a week and add all your updates
about real estate trends, statistics,
and more in a short five- or 10-minute time span. This will show your
network of friends that you have an
interest in providing good quality
information, but it won’t take away
important time during the day.
Instead, use your day tending to
your clients and customers and not
sitting in front of your monitor lost
in a mass of information. I regularly
plug in my social media updates
for the week at www.Twaitter.com,
so I don’t have to worry about that
while I’m busy working on other
areas of my business.
Access Your Entire Social
Network in One Click:
Rather than logging into
each social network and
posting several versions of the same
update, you can go to one site and
make one post, and multiple social
networks will be updated at once.
Two of these services are www.Ping.
FM and www.HellotTxT.com. Both of
these Web sites allow you to set up
all your social media accounts, post
videos or status updates at one location, and push your information out
to the other social networks you’re
on. You can also upload a single
video to numerous portals you subscribe to at www.TubeMogul.com.
Remember: Social media can do
a lot for you, but you should avoid
spending countless hours using it
in ways that will not profit your
business. Have a plan, touch your
sphere, show your expertise, and
organize and pre-post your ideas.
If you can do this, you’ll find social
media is a cost-effective, efficient,
and even fun way to connect with
consumers.
John D. Mayfield, ABR, CRB,
e-PRO, GRI, is a sales coach, author,
and broker/owner of Mayfield Real
Estate in Farmington, Mo. You can
contact Mayfield through his Web
site, www.BusinessTechGuy.com.
Across the Association
may/june 2013
5
Don’t Worry About Keeping Up,
With One Big Exception
It’s hard to keep up with latest social
media site or this week’s most popular
app. Tech expert David Pogue says you
can ignore most of it, but there is one item
you absolutely cannot neglect online.
instrument known as the ocarina as well
sion statement. He specifically called
Pogue noted that while Yelp startas more industry-specific apps, such as
out domystuff.com, prosper.com, and
ed out as a restaurant review site, it’s
those that help property owners control
goloco.org, which succeed in this meaexpanded to include almost everyone.
and monitor indoor temperature and
sure by “matching up people who have
And he warns that, with Facebook’s new
security systems. The one thing these
never heard of each other but have very
graph search functionality, they’ve gotapps
have
in
common
is
the
constantlyspecific
things
in
common.
”
ten into the review game as well.
By Meg White
improving hardware on which they’re
Returning to what audience members
“You need to worry about Yelp and
the Association
At the 2013 International BuildersAcrossdesigned
to operate.
5
should
take
back
to
their
businesses
now
Show in Las Vegas this January, technolMay/juNe 2012 — as of two days ago — you need
“People
say
they
are
like
a
phone
after
the
conference,
Pogue
said
not
to
to
worry
about Facebook,” he cautioned.
ogy writer and reviewer David Pogue
and
a
laptop
in
one,
and
I
don't
agree,
”
worry
about
the
latest
and
the
greatPogue
suggested
that, in addition to
combed through the latest online
Pogue
said,
noting
that
smartphones
est
innovations,
unless
you
enjoy
using
asking
satisfied
customers
to review
advancements and sorted out the ones
are more than the sum of their parts.
them.
you on Yelp, you should also “have a
to which audience members ought to
“Sorry,
your
laptop
does
not
have
a
Facebook account so people can recomCIREB
Partners
With
GCAR
For
A
Networking
Event
direct their attention.
“With one big exception: User
compass in it.”
mend you.”
reviews,” Pogue
said.
“[Potential cusComplete details can be found at www.cireb.com
Affiliate
Membership
over 50 who
members
from both
CireBabout
and GCar met
Pogue,
regularly
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predicted
success
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more
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REALTOR®
Magazine.
and
Scientific American, said that even
CireB is in the planning stages of its annual Golf
president nina amadon, realtyUsa.com and CireB
Economic
Development
Agency
that
can
integrate
social
into
their
mismarketing.
”
outing/fundraiser to be held June 18th at Wolferts
he has a hard time with the pace of
CIREB Corner
president richard ferro, prudential Blake Commercial
innovation.
as they pick the winners of several door prizes donat-
ed by sponsors nBt Bank, Movethatblock.com, the
“It's too much for even me to keep up
Condominiums at 17 Chapel, and 74 state. among
with,
he quipped.
“How are
the ”winners
- CireB member
Joeyou
Clark,supClark realty
posed
to the
keep
up?”
winning
$100
gift card to the apple store.
roost Country Club. this year CireB will play to
raise money for the Boys & Girls Clubs of southern
rensselaer County. Many sponsorship levels are
available. please visit our website for more details.
Agents...
His entertaining
CIREB
Marketingkeynote
Sessionsspeech
May off
3rd with
session
to beof
hosted
by CB interrichard ellis at
kicked
some
the most
400 Jordan
northout
Greenbush.
Guest speaker
esting
“shinyroad,
objects”
there, mostly
will be Carol lamb-lafay, section Chief, DeC Bureau
the
byproducts of new app developof Water permits-General permits for stormwater
ment.
Pogue praised light-hearted apps
Discharges.
thatJune
help7th
users
learn
andbyshare
session
to to
beplay
hosted
Carrow real
their
love
for the South American wind
estate
services.
Downtown schenectady improvement Corporation
– represented by Colleen Merays
Appraiser Membership
Gary snowdon – snowdon Valuation, albany
CIREB Welcomes New Members:
Broker Membership
rob Grundman – Big Blue realty, schenectady
tony strollo – anthony r. strollo, realtor®
Get your own Real Estate app
branded to you
Associate Membership
lynn Bass – realtyUsa, Cooperstown
Brian Conley – Conley realty services, albany
sherry sherlock – Keller Williams saratoga, saratoga
springs
Smart Phone penetration
App Functions:
surpassed 50% this year and
All calls and emails (no matter who the listing agent
more than half of the users
is) go to you!
1
use their phone to go online.
app will enable end users to search for all
QUICK. EASY. YOU’REThis
IN CONTROL.
MLS listings via IDX (Paragon) by address, city/
Everyday more home
town, state, zip code, property type, min/max
shoppers are using their
price, beds, baths, distance radius and MLS#.
phone to locate listings. Route
Create, proof and purchase
those calls and emails to you!
It geo-locates the user to help them find the
ADS
STAFF
DIRECTORY
GCAR STAFF
tel: 518.464.0191
fax: 518.464.0196
e-mail: support@gcar.com
Lower the cost
and increase
Marketing
Distribution
Tools
the
speed
of
that are included.
scheduling
your ads!
your real estate ad for a
closet houses (if they wish). Users can save their
favorites.
discount. It’s available 24/7.
This self-serve system is
Chief Executive Officer
James a. ader (ext. 16)
e-mail: jader@gcar.com
called EZ Ads. Get started
now by logging on to
ezads.timesunion.com
Director of Association Services
laura J. Burns (ext. 15)
e-mail: lburns@gcar.com
• Personalized text code
(so you can text your app to prospects).
• QR code (to use in print marketing).
Assistant to the C.E.O. & Financial Secretary
Huguette Bushey (ext. 14)
e-mail: hbushey@gcar.com
• Short URL (easier to type into mobile browser
so user can download your app)
Assistant Education & Member Services
Gina Martin (ext. 10)
e-mail: gmartin@gcar.com
• Downloader Page (a great tool so users can
download app from website or blog).
Finance/Office Admin. Asst.
nancy Krebs (ext. 11)
e-mail: nkrebs@gcar.com
• We also provide a “sniffer” code so that all
website traffic from a mobile phone will be redirected to
open house
addownload your app.
choose your package
Here’s a sample of the NEW packages you’ll see, that
are only available online through EZ Ads:
CRMLS STAFF
$20 Open House Package
tel: 518.464.8913
fax: 518.464.8915
Saturday and Sunday ad in the Times Union
newspaper and up to 7 days online at timesunion.com
Chief Administrator
James a. ader (ext. 16)
e-mail: jader@gcar.com
$10 Open House Package
Your listing online at timesunion.com up to 7 days
CRMLS Senior Administrative Assistant
Diane Hazzard (ext. 19)
e-mail: dhazzard@crmls.com
select your property
proof your ad
CIREB STAFF
Two days in the Times Union; Saturday and Sunday
Investment
Over 325,000 readers every
Sunday
Over 200,000 readers every Saturday
Setup
Open house day(s)/time(s) Maintenance
Up to 7-days online
Over 30,000 page views each week.
The most used
In a searchable data base.
schedule run dates
John Sorensen
1
ezads.timesunion.com
Craig Eustace
Susan Quine
454-5529
454-5026
454-5019
http://pewinternet.org/Reports/2012/Cell-Internet-Use-2012.aspx
purchase
your ad
Our vendor partner.
2
Securely purchase your ad online.
The App is in all major App stores:
Android, IOS (iTunes) and Blackberry,
or use this convenient QR code for use
on smart phones.
See for yourself
Contact the Times Union for more information.
Anne Curcurito
454-5310
Choose
your ad start date. 454-5388
Susan
Lynch-Smith
$50 one time
$9.99 per month
real estate site in the
Capital Region now has a Mobile App!
Copyright
© SMARTER
AGENT.™ All
Enter open house
dates
and times
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6
Across the Association
may/june 2013
Welcome New Members
REALTOR®
Buck Land & Cattle Co.
Michele McElmeel
Natalie F. Amsler,
Natalie Amsler Realty LLC, Clifton
Park
Century 21 Rural Estates
Gary Gordon
Elizabeth Weingarten
Peter W. Buck,
Buck Land & Cattle Co., Malta
Coldwell Banker Prime Properties
Colin Ashley Baird
Erin N. Evans
Deanna K. Iadicicco
John P. Jackson
Joanne McDaniel
Lee Seney
Charles Sutton
Matthew Trapasso
Helen A. Trinchillo
(principal)
Joanne L. Carlow,
Saratoga Springs
Patricia Cole,
William J. Cole Real Estate, Inc.,
Edinburg
Mark T. Favaloro,
Clifton Park
Keller Williams Realty Saratoga
Jon T. D’Angelo
Phillip Goodson, Sr.
Kathleen Hauser
Living Well Realty
Joanna X. Miller
McCurdy Real Estate Group
Michael A. Giuffre
Metro World Realty
Matt D. Bovee
William Charles Clizbe
Miranda Real Estate Group
Brenda M. Larkin
William J. Cole Real Estate
Amanda D. Oare
Deborah Oare
Mohawk Valley Real Estate
Lenora C. Fiorenza
Mark J. Richardson,
Saratoga Springs
Exit Elite Realty Group
Michael K. Velardi,
Brass Realty, Ballston Spa
David Montalvo
Rene Moya
Pinnacle Realty Saratoga
Brandy B. Murphy
Jenny M. Zigrosser,
Zigrosser Realty, Delmar
Falvey Real Estate Group
Anthony Fallati
AFFILIATE
Field Realty
Pete Tryon
Real Estate Mortgage Network, So
Burlington, VT;
Matthew Hamphill
Hunt ERA
Megan Napier
David R. Green,
David R. Green, PC, Loudonville
REALTOR®
(non-principal)
Big Blue Realty
Andrew McCauley
Keller Williams Capital District
Dawn E. Armour
Alex Bendor
Anna Marie Ieraci
Gary R. Kelly
Aimee Stewart
Red Door Realty NY
Jason Jay Walsh
Select Sotheby’s International
Realty
Christine H. Benedict
Sterling Homes Real Estate
Kathleen Eitzmann
Theresa Meidenbauer
Annette Moreau
Deborah Straight
TopNet Realty
Donald Britten
Vassi Realty
Carol Paciolla
Weichert, REALTORS®, Northeast
Group
Debra Bajouwa
Pamela Denise DiCarlo
Shari Lynn Fox
Prudential Manor Homes
Martin Roy Case
Li Hanxiang
Sandra Hassfurter
Jeffrey William Taylor
RealtyUSA.Com
Jason S. Ellis
Heather Hyer
Jennifer Ryan
Sean Shirvanion
Sarah E. Solomon
Julie A. Sonner
Robert W. Thomsen
Eric F. Wade
Bryan Real Estate Group
Rocco V. Panetta
Award for MLS Violations Upheld
A Pennsylvania court has considered whether a MLS participant was
properly sanctioned for violating a
stipulation agreement he entered into
with a REALTOR® association.
In 2007, Thomas Wilkins (“Broker”)
filed a lawsuit against the Pike/
Wayne Association of REALTORS®
(“Association”) after the Association
removed some of the Broker’s listings
from the Association’s multiple listing service (“MLS”) that were listings
of non-MLS participants. The parties
entered into a settlement agreement
(“Stipulation”) that was filed with the
court. In the Stipulation, the Broker
agreed to: abide by the MLS’s rules;
provide the Association with a verification form for all listing agreements;
and he would only place listings into
the MLS secured by him.
Following the Stipulation, the
Association believed that the Broker
was once again submitting listings
of nonmembers. When he submitted
these listings, he listed himself as the
co-listing agent and refused to provide copies of the listing agreements
to the Association. The Association
filed a motion seeking to enforce the
terms of the Stipulation.
The lower court ruled in favor of the
Association and found the Broker in
violation of the Stipulation. The trial
court ordered the Broker to not submit the listings of other salespeople
under his account.
In a later order, the court found
that the Broker was in contempt
because he had placed ten more listings into the MLS for which he was
not the listing agent after the court’s
prior order. The court awarded the
Association damages for violations
of the Stipulation. The award totaled
$10,656, covering costs such as the
extra staff time incurred in policing
the MLS submissions as well as other
costs incurred. Both parties appealed
the award.
The Superior Court of Pennsylvania
affirmed the lower court rulings. The
Broker argued that the Stipulation created a new MLS rule that applied only
to his firm. The court disagreed, finding that the Stipulation clearly spelled
out what the Broker was required to
do when he submitted listings to the
MLS and these requirements did not
conflict with the MLS rules. Therefore,
the court rejected this argument.
The court also affirmed the ruling
that the Broker had breached the
Stipulation. In addition to having
waived the argument by failing to
properly present this argument in his
appellate brief, the court found that
the trial court had correctly ruled that
the Broker had violated the MLS rules
by submitting listings where he was
not the listing agent and where the
actual listing agent was not a subscriber to the MLS.
Finally, the Broker challenged the
computation of damages. The trial
court had received testimony from the
Association about the costs incurred
because of the Broker’s violations of
the Stipulation. These costs included:
$5,200 in staff time for monitoring
and removing the improper listings;
$3,005 for attending court hearings;
$1,400 for the second series of violations; $301 in administrative expenses; and $750 in attorney’s fees for
the contempt proceeding. The trial
court had received testimony on these
damages, and the damages were supported by the evidence. Therefore, the
court affirmed the damage awards to
the Association.
Wilkins v. Pike/Wayne Assoc. of
REALTORS®, No. 518 EDA 2012 (Pa. Super.
Ct. Sept. 28, 2012). [Note: This opinion is
not published in an official reporter and
therefore should not be cited as authority. Please consult counsel before relying
on this opinion.]
Across the Association
may/june 2013
7
Counsel Comments On “Escalation Clauses”
and Restrictions On Attorney Approval
Back when the real estate market in
the Capital Region was very active counsel for the Greater Capital Association
of REALTORS® was asked to comment
on both the “escalation clauses” which
are appearing in purchase contracts in
the Capital Region and a restriction on
the attorney approval clause created
when a “no other offers will be entertained during attorney approval” clause
is inserted by a licensee into an offer.
Counsel’s comments are reprinted here
for every GCAR member’s information.
We did ask NYSAR counsel to review this
representation and they assure us that
“The basic legal premise is still sound.”
“This letter is to respond to your
request for guidance regarding offers
with “escalation clauses” and restriction
on attorney approval clauses.
“1. Escalation Clauses – You asked
for our comments regarding an escalation clause such as “we offer $100,000,
but we will also beat any offer you
receive by $1,000,” noting that sometimes there is a cap, but often there is
not. It appears that such a provision
could be contractually enforceable in
New York.
“The party submitting an offer is the
“master of its offer” and is free to condition its effectiveness. Matter of Express
Industries and Terminal Corp. v. New York
State Department of Transportation,
252 A.D.2d 376, 378 (1st Dept. 1998).
An offer is the manifestation of willingness to enter into a bargain and must
be definite and certain. Keis Distributors
v. Northern Distributing Company, 226
A.D.2d 967, 969 (3rd Dept. 1996). Where
the parties intend to be bound, but
there is ambiguity, extrinsic evidence is
considered (Id.).
“Contracting parties can define the
parameters of the parties’ respective rights and obligations. Dubbs v.
Stribling & Associates, 274 A.D.2d 32, 39
(3rd Dept. 2000). New York recognizes
as enforceable an option contract which
entitles a purchaser to match another
bona fide offer. See, e.g., Story v. Wood,
166 A.D.2d 124, 128 (3rd Dept. 1991);
New York Tile Wholesale Corp. v. Thomas
Fatato Realty Corp., 13 A.D.3d 425 (2nd
Dept. 2004). The offer by a third party
which the buyer had to match can
be considered an objective standard
that establishes the essential terms of
the contract. Danyluk v. Jonathan L.
Glashow, M.D., P.C., 2 Misc.3d 1005A (Cir.
Ct., N.Y. 2004).
“The terms of an offer committing the
buyer to “also beat any offer by $1,000”
is in effect a conditional commitment
to pay more than the stated offering
price in the event of a bona fide offer
in excess thereof. This should be a sufficiently definite standard to be enforceable. Gilbert v. VanKleeck, 284 App. Div.
611, 616 (3rd Dept. 1984) (price was sufficiently definite under memorandum
providing that purchaser was to pay the
sum of $6,000 above the amount of the
mortgage, whatever it may be).
“In handling such an offer, the seller
should be aware of (a) its right to accept
the offer “as is,” which would likely confer an enforceable entitlement and obligation upon the buyer to pay a higher
price based upon bona fide competing
offers, as well as (b) the opportunity to
reject such an approach by making a
counteroffer which deletes that provision.
Matter of Express Industry
and Terminal Corp. v. New York
State Department of Transportation,
252 A.D.2d 376, 379 (3rd Dept. 1998)
(counteroffer operates as a rejection
and termination of the offer unless the
offeree manifests a contrary intention).
The question is whether the response
proposes a substitute bargain differing
from that proposed by the original offer
(Id.; Restatement [Second] of Contracts,
§39[i]).
opinion regarding a clause providing “no other offer will be entertained
under attorney approval.” We question
whether such an approach is proper or
enforceable. In order to avoid the unauthorized practice of law, a licensee must
either utilize a form jointly approved
by the local bar association and board
of REALTORS or include an attorney
approval clause. Matter of Duncan &
Hill Realty, Inc. v. Department of State,
62 A.D.2d 690 (4th Dept. 1978), app.
dismd. 45 N.Y.2d 828 (1978).
“REALTORS should recognize the significance and risk of enforceability of
“escalation” clauses (up to their stated cap, if any), avoid the unauthorized practice of law, include an attorney approval clause in any proposals
(offer or counteroffer), and recommend
consultation with an attorney, as legal
rights are involved.
“The Department of State has insisted
that attorney approval clauses be “unfettered.” DOS insists that in determining
whether to approve a contract (or not to
disapprove it), an attorney may consider any matter in the client’s best
interests, including price or competing
offers. Unless and until a seller accepts
an offer, the seller has the unencumbered right to consider any matter of
significance to the seller, including a
counteroffer. In our opinion, it would
be improper for a real estate licensee to
draft or suggest the inclusion of such a
clause which restricts attorney approval.
While a buyer can propose any terms he
wishes as “master of his offer,” if a real
estate licensee is involved in preparing a proposed contract, the attorney
approval clause should be unfettered.”
“2. Restrictions upon attorney
approval – You also asked for our
Very truly yours,
LAW OFFICES OF MICHAEL T. WALLENDER
Tips For Being A Responsible REALTOR®
At a recent Broker/Owner/Manager
session those present spent some time
discussing those things which can help
make every agent better at what they do
and the transaction proceed as smoothly as possible. These are shared below.
Thank you to BOM chair Joel Koval.
When Representing a Buyer…
1 - Make sure all necessary contract addenda are included and completed accurately. FHA addenda, Lead
Disclosure, Signed PCD, Etc.
2 - Provide a pre-approval letter with
your offer. Don’t wait until asked, and
check into the lender if you are unfamiliar with them.
3 - Put reasonable time frames on time
period of offer, mortgage/inspection
contingencies, and attorney approval
dates. Don’t give agent offer at 8PM
Tuesday and have time period of offer
Wednesday at noon. Make mortgage
and inspection contingencies reasonable so you don’t need extensions.
4 - Follow up with client/lender to be
sure application was made and appraisal
was ordered. Be proactive; don’t assume
buyer and lender are doing what they
should.
5 - Forward buyer’s attorney and lender copy of contract and deed/tax bills
when provided to you. Doing this will
prevent delays and turn up issues more
quickly.
6 - Provide listing agent with buyer
attorney contact info, and notify if there
is a change of lender. Its common cour-
tesy and it will help move the transaction along as it should.
7 - Notify listing agent if there are
appraisal conditions, or conditions
regarding the property on the lenders
commitment letter. Check with lender
after appraisal is done, and be sure to
read through the commitment letter
when you get it.
8 - Coordinate final walk thru with
listing agent so that lockbox can be
removed. It’s an annoyance to the new
buyer to see your lockbox hanging off
their door…and it’s a security issue in
their minds.
9 - Get your closing bill to both attorneys in a timely manner and make
arrangements for the delivery of your
check if you cannot attend the closing.
Make every effort to attend closings…
providing support to your client is a
vital part of your duties. Get a copy of
the HUD-1
When Representing a Seller…
1 - Provide the necessary disclosures,
along with the deed and tax bills under
“documents” in the listing. Also, did you
know that NYS law says you must provide utility bills if requested or seller
can be fined? …(see New York Truth In
Heating Law).
2 - Make showing instructions clear
and as simple as possible, and talk to
the seller about how showings work
so there is no confusion when buyer’s
agent shows up. Use Electronic lockbox.
ShowingTime will not interpret your
instructions well if they are not crystal clear…be specific. Understand that
tenant occupied properties can present special issues. Avoid combo lockboxes…they are not as secure as the
electronic box.
3 - Present offers in a timely manner
and allow the buyer’s agent to be present if requested. Unless you have a letter
from the seller, buyer’s agent must be
allowed to present.
4 - Remind the seller to have utilities
closed out of their name for the closing
date. Buyer can’t turn utilities on in their
name until the seller schedules them to
go out of seller’s name.
5 - Explain to seller how they should
be leaving the home for the next buyer.
Lawns mowed/snow shoveled, good
general cleaning, all personal property
removed…seller should not leave stuff
they “think the buyer may want” unless
it’s been cleared through buyer agent.
6 - Order your sign down and remove
your lockbox in a timely manner. Sign
could take several days to be removed,
get the “sign down” request in so it’s
not still up on closing day. Coordinate
with buyer agent when final walk thru
is so your lockbox can come off without
causing a problem.
8
Across the Association
may/june 2013
Member Update
Congratulations and thank you to the following RPAC supporters: Capitol
Club members ($250) REALTORS® Janet Besheer, Keller Williams Saratoga
Springs; John Burke, Select Sotheby’s International Realty; Anne Carroll,
Carroll Realty; Thomas McGroeder, Thomas J. Real Estate; Ildiko McPhilmey,
Purdy Real Estate; and Paul Semanek, RealtyUSA.com.
99 Club members ($99) Phyllis Barbera, RealtyUSA.com; Kimberly Fisk,
Kimberly Fisk & Associates Realty; Robert Freedman, RLF Realty; Sandra
Nardoci, Prudential Manor Homes; Albert Picchi, RealtyUSA.com; Allen Van
Hoff, RealtyUSA.com; and Hal Zucker, Living Structures/Zucker.
Congratulations to REALTOR® Diana Lazaro, Eye On Your Investment, on
the birth of her son Samson.
Congratulations to REALTOR® Todd Curley, Coldwell Banker Prime
Properties and REALTOR® Anthony Gucciardo, Gucciardo Real Estate on
being selected as part of the 2013 class of the Business Review’s “40 Under 40.”
Thursday, May 30, 2013
Congratulations to the following GCAR members selected to receive education scholarships from the NYS Real Estate Education Foundation: Diana
Farrell, DJ Farrell Realty; Judith Henrikson, RealtyUSA.com; Kathleen Krohl,
Prudential Manor Homes; Charles Passaro, RealtyUSA.com; Maria Perches,
Prudential Manor Homes; and Jennifer Vucetic, BHG Tech Valley.
Sympathies are extended to:
REALTOR® William Alston, RealtyUSA.com, and his family on the death of
his mother Rose Alston.
REALTOR® Faith Fierro, Faith Fierro, and her family on the death of her
mother Theresa Frangella.
REALTOR® Daniel Gaba, Coldwell Banker Prime Properties, and his family
on the death of his mother Frances Gaba.
REALTOR® Patti Quade, Signature Homes Realty, and her family on the
death of her son Dustin Mele.
The family of REALTOR® Peter Redmond, CB Richard Ellis/Albany on
Peter’s death.
The family of REALTOR® James Villasenor, Bethlehem Realty Associates
on Jim’s death.
27559 GCAR NYSAR-Advocacy 5x8 cmyk_Layout 1 11/5/12 9:51 AM Page 1
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NYSAR’s 2013 legislative priorities include:
• Supporting thoughtful property tax relief initiatives.
• Expanding continuing education opportunities for REALTORS®.
• Improving anti-discrimination laws as they apply to cooperative
housing purchases.
• Requiring the registration of Appraisal Management Companies
that do business in New York.
Help NYSAR protect your interests by investing in
RPAC, participating in Calls for Action and attending
REALTOR® Lobby Day.
Visit the Government Affairs
section at NYSAR.com for details.
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