Wisconsin Real Estate Magazine

Transcription

PUBLIC POLICY FORUM
BEST OF LEGAL HOTLINE
Governor Doyle to keep schools
strong ... but at what price?
Dealing with properties that have
health and public safety concerns.
WISCONSIN
A PUBLICATION OF THE WISCONSIN REALTORS® ASSOCIATION
September 2005
$5.00
MAGAZINE
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NEWS.WRA.ORG
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WISCONSIN REAL
REAL ESTATE
ESTATE MAGAZINE
MAGAZINE
WISCONSIN
THE OFFICIAL
OFFICIAL PUBLICATION
PUBLICATION OF
OF THE
THE WISCONSIN
WISCONSIN REALTORS
REALTORS®® ASSOCIATION
ASSOCIATION
THE
SEPTEMBER
2005
MARCH
2004
VOL.
VOL.21,
20,NO.
NO.12
7
Contents
FEATURES
COVER
REALTOR
Safety Week
®
7
Safety Tips for Showing Property
Meeting clients outside the office can involve contact with
unfamiliar people in unfamiliar places. Follow these steps to
minimize your risks when showing property.
is a Good Reminder to...
14
Sex Offender Community Notification
Stay
Safe!
21
Announcing the Wisconsin HOMEOWNERS Alliance
When is the community notified about sex offenders being
released into the community, what are the levels of
notification, and what are your responsibilities as a
REALTOR®?
The WRA announces this new statewide organization,
providing education and advocacy for Wisconsin’s more
than 3 million homeowners and property owners.
Real estate agents often face more onthe-job risks than many other business
professionals, due to frequent contact
with
unfamiliar
people
in
isolated
locations. That’s why we have dedicated
ARTICLES
2
this issue of Wisconsin Real Estate
18
officially designated by the National
Association of REALTORS® (NAR) as
10
Best of the Legal Hotline
Product Showcase
Want to connect while you’re on
the road? Try the Canary Wireless
Digital Hotspotter®, a pocket-sized
hot spot detector for locating
wireless networks.
There’s more than one way to put
together a retirement plan portfolio
– choose from the individual funds
offered in your plan or choose an
asset-allocated fund.
Magazine to REALTOR® Safety Week,
September 11-17, 2005. REALTOR®
Notes from the WRA
Constructing a Retirement Plan Portfolio
September, but NAR’s commitment, as
On-the-Job Dangers
New Legislation Would Favor
Property Owners
well as ours, is to ongoing personal
Callers get answers to questions
regarding personal safety and
health issues, including meth lab
disclosure requirements, dealing
with dangerous dogs, and more.
Senate Bill 253 would provide relief
to property owners, expanding the
list of conditions under which a
property owner could replace his
or her nonconforming structure.
Safety Week lasts for only seven days in
safety for our members.
For
more
information
about
REALTOR® Safety Week and other
related issues, visit NAR’s Web site at
www.REALTOR.org/Safety.
4
16
Education and Products
The WRA now has three ways you
can earn your continuing education
credits, including distance learning
in the comfort of your own home.
WISCONSIN REAL ESTATE MAGAZINE, S
JULY
EPTEMBER
2005
2005
24
28
REALTOR® Sales Tip
Selling With Style
Terri Murphy, leading industry
consultant, outlines four basic
personality styles and how to adapt
your sales message to each style.
1
Real Estate
n o t e s
f r o m
t h e
w r a
Constructing a Retirement Plan Portfolio
Wisconsin Real Estate MagazineTM is published by the
WISCONSIN REALTORS ASSOCIATION.
®
Trademark issued pursuant to Wisconsin state statute; federal trademark is pending.
Kitty Jedwabny, CRB, CRS, Chairman
rjedwabny@new.rr.com
Jeff Kitchen, CRS, GRI, Chairman-Elect
kitchen@powerweb.net
What are your investment options?
D
Option 2: Choosing one assetallocated fund
Roger Rushman, Treasurer
rrushman@firstweber.com
You may prefer to leave the asset allocation
decisions to a professional. If so, check to see if your
plan offers one or more “fund of funds” portfolios,
also called “lifestyle” funds.
William E. Malkasian, CAE, President
wem@wra.org
If your retirement plan offers investment choices
that include both individual mutual funds and
“fund of funds” portfolios you can decide whether
to pick from the investments in your plan or leave
it to the professionals. In either case, you’ll want to
practice the fine art of asset allocation. Let’s take a
closer look at both options:
A “fund of funds” portfolio invests in a diversified
group of mutual funds rather than a single mutual
fund or individual securities. Using asset allocation,
these funds reflect a particular investment objective
and risk strategy.
o you prefer to build your retirement
account portfolio from the individual
funds available in your retirement plan?
Do you have the ability to make a one-stop
investment choice that achieves your investment
objectives and helps you remain diversified?
Option 1: Choosing from the funds
offered in your plan
If you make your own investment selections, there
is one strategy that is critical to your success – asset
allocation.
Asset allocation
• Is the strategic diversification of your money
among the major types of financial assets, such
as stocks, bonds and cash-like investments,
such as money market funds.
• Has been shown to have the greatest impact on
long-term investor results.
• Requires an on-going commitment to monitor
performance of your individual funds and
change your asset allocation as your situation
changes.
One study shows that 91 percent of a portfolio’s
profits can be traced to its investment allocation
strategy rather than picking the right investment
or the right timing*.
•
•
•
•
Asset allocation – 91 percent
Security selection – 6 percent
Market timing – 2 percent
Other – 1 percent
The importance of rebalancing
Within your asset allocation strategy, your
individual investments will perform differently.
Some may grow more this year; others may
perform well next year.
Rebalancing ensures that your portfolio stays
true to its asset allocation strategy. This will help
prevent the chances that you’ll have a lot of money
in one asset class – small company growth stocks,
for example – when that asset class experiences a
major downturn.
2
If you choose to invest in one of these portfolios,
investment professionals will do the hard work for
you by:
• Selecting individual investments within the
portfolio(s)
• Monitoring the performance of those
investments and the markets
• Making decisions about when to rebalance
All you need to do is assess your risk tolerance and
time horizon, select a “fund of funds” portfolio and
then over time, simply select a more aggressive or
conservative approach as your risk tolerance or
timeframe changes and retirement draws nearer.
The choice is yours
Perhaps you enjoy selecting your own individual
investments. On the other hand, you may feel you
just don’t have the time, knowledge or interest to
do it yourself. If so, check your plan to see if it offers
a “fund of funds” or “managed asset allocation”
portfolio solution.
This article is used by permission and is excerpted
from M&I’s Educated Investor magazine copyrighted
by Marshall & Ilsley Corporation (M&I). M&I and
its affiliates cannot be held responsible for any direct
or incidental loss incurred by applying any of the
information in this article. Consult your tax advisor.
Educated Investor is distributed free to all participants
in the Wisconsin Realtors Association PRoFIT Plan
(an IRS-approved retirement plan available to WRA
member real estate agents). For more information
regarding the WRA PRoFIT Plan, please contact
Debbie Thacker at 1-800-279-1972.
*Source: Brinson, Hood and Beebower, “Determinants
of Portfolio Performance,” Financial Analysts Journal,
May - June 1991
Editorial Staff
William E. Malkasian
Publisher
Robert Uhrina
Managing Editor
Terry O’Connor
Publication Editor
Nicole Breithaupt
Graphic Design & Layout
Wisconsin Real Estate Magazine, USPS 597-850,
ISSN 1548-0526, is published monthly by the
WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run
Road, Ste. 201, Madison, WI 53704. Periodical postage
paid in Madison, WI and additional
mailing offices. An annual subscription rate of $5 is
included in membership dues and a copy is mailed
to every paid REALTOR® and affiliate member of
the association. Nonmember subscription rate: $60.
POSTMASTER: please send address changes to the
WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run
Rd. Ste. 201, Madison WI 53704-7337
Permission to reprint or quote any material from this
issue is hereby granted, provided the Wisconsin Real
Estate Magazine is given proper credit in all articles
or commentaries, and the WISCONSIN REALTORS®
ASSOCIATION is provided with a copy of any reprint.
Advertising of third party products and services herein
does not imply endorsement by the WRA unless specifically stated. Furthermore, the WRA does not endorse,
approve, or otherwise warrant the accuracy or legality
of any information or content contained in advertisements. Any questions regarding advertising policies
should be directed towards the editor.
Contact Us:
4801 Forest Run Rd., Suite 201
Madison, WI, 53704-7337
(608) 241-2047 • (800) 279-1972
legal hotline: (608) 242-2296 • (800) 799-4468
general fax: (608) 241-2901
products/education fax: (608) 241-5168
legal hotline fax: (608) 242-2279
president fax: (608) 242-2267
editor@wra.org www.wra.org
WISCONSIN REAL ESTATE MAGAZINE, SEPTEMBER 2005
Inside
the wra
with Bill Malkasian
T
Bill Malkasian
WRA President
his month’s issue of Wisconsin Real Estate Magazine covers a very important topic
for REALTORS® in Wisconsin – safety. September 11-17, 2005 has been officially
designated as the third annual REALTOR® Safety Week. The WRA is committed to
raising awareness on this vital issue. Whether at home or on the job, there are many ways
to protect yourself, your property, and your identity. Included this month are several
articles and feature stories from NAR, the WRA, and our legal staff on safety and how to
protect yourself.
Also this month is the WRA’s annual convention at the Kalahari Resort in the Wisconsin Dells
on September 11-13. We’re optimistic that this year’s convention will be the biggest ever as
the final numbers continue to roll in. Many exciting programs are in store for you this year,
beginning with the “Party LIKE a Pirate” Icebreaker on September 11 and then two full days of
workshops, conferences and networking opportunities on September 12 and 13. It’s not too late
to attend, so be sure to register and book your hotel if you have not done so already.
You may have heard it already, but next month is history in the making for the WRA as we
begin rolling out the new Wisconsin HOMEOWNERS Alliance. This exciting entity is directly
aimed at providing an infrastructure for advocating and protecting the interests of the more
than 3 million homeowners across the state of Wisconsin. Many of you may recall the Quality
of Life initiative, spearheaded by the WRA over the past year. Polling data was collected,
evaluated and reported in this magazine on a variety of key issues as they related to public
opinion across the state. This data was then used to educate legislators and REALTORS® on
what was important to Wisconsin residents as a combined effort to help shape future law.
The final phase of this initiative is the formation of the Wisconsin HOMEOWNERS Alliance,
which was approved by the WRA’s Board of Directors on August 5. This new entity will extend
interest beyond REALTORS® and legislators, and out to all homeowners across the state. Be
on the lookout for a packet of materials next month and an inaugural issue of Wisconsin Home
magazine, which is further detailed in Joe Murray’s article on page 21.
Lastly, after convention winds down, our new fiscal year starts on October 1. It’s when our
current chairman, Kitty Jedwabny, passes the baton on to incoming chairman Jeff Kitchen of
Beaver Dam. It also marks the beginning of a new budget year for the WRA, which includes
a new round of curriculum and products to be announced in forthcoming issues of Wisconsin
Real Estate Magazine.
Until then, please mark your calendars for the WRA’s Management Conference on December
14 in Pewaukee and the WRA’s Winter Conference January 23-26 in Lac du Flambeau.
Sincerely,
Bill Malkasian, WRA President
news.wra.org
3
REALTOR® Safety Week
Fight
orFlight?
Consider the Best Response to a Physical Attack
I
f you found yourself alone in a property with a client who
wanted to harm you or rob you, what would you do? Would
you put up a fight or try to escape?
It isn’t pleasant to think about, but it’s important to know the
facts. Experts agree that when escape is an option that is the
route you should take. While every REALTOR® should take a
basic self-defense course, the primary goal in any incident is to
escape from the danger and call for help.
When faced with potentially menacing behavior, you should
first try to find a discrete way of removing yourself from the
situation. Try to avoid triggering the emotion a predator might
use to justify an attack. For example, you can say that you need
to step outside to make a phone call and then don’t come back
inside.
If an attack does occur, trust yourself and stay as calm as
possible. Think rationally and evaluate your options. There
is no single right way to respond to a confrontation, because
each situation is different. Your response should depend on
the circumstances: the location of the attack, your personal
resources, the characteristics of your assailant and the presence
of weapons. There are many strategies that are effective, but
you must rely on your own judgment to choose the best one.
No resistance:
Not resisting can be the proper choice in a given situation. An
attacker with a gun or a knife may put you in a situation where
you think it is safer to do what he or she says. If someone tries
to rob you, give up your property, not your life.
Stalling for time: Appear to go along with the attacker. This
might give you time to assess the situation. When his guard is
down, try to escape.
4
Distraction and then flight: Obviously you should try to get
away, but whether you can depends on many things, including
your shoes and clothing, physical stamina, the terrain and your
proximity to your attacker.
Verbal assertiveness:
If someone is coming toward you, hold out your hands in front
of you and yell “Stop!” or “Stay back!” Criminals have been
known to leave a victim alone if he or she yelled or showed that
he or she was not afraid to fight back.
Physical resistance:
If you decide to respond physically, remember that your first
response should be to flee the area or the home. Act quickly
and decisively to throw the attacker off guard while you get
away. Your personal safety is your first priority. Property can
be replaced, but the value of your life and health is beyond
measure. Also, you should familiarize yourself with your state’s
laws concerning self-defense, including the issue of what is
proper or improper use of force to defend yourself during an
attack. (To see Wisconsin’s statute regarding self-defense, visit
www.legis.state.wi.us/statutes/stat0939.pdf.)
Observation:
Be sure to make an effort to get an accurate description of your
attacker. Even the smallest details may give authorities a clue to
finding the suspect.
(Source: North Carolina Association of REALTORS®)
This article is part of the NATIONAL ASSOCIATION OF
REALTORS®’ 2005 REALTOR® Safety Week Kit.
REALTOR® Safety Tip
Wallet Card
T
he
National
Association
of
REALTORS® (NAR) and the Wisconsin
REALTORS® Association (WRA) are
committed to keeping REALTORS® safe
on the job. In conjunction with REALTOR®
Safety Week, NAR is offering this handy
wallet-sized laminated card containing
tips to help keep you safe. Display it in a
prominent place in your car, wallet, or other
spot to make safety a top priority in your
To order contact: Newcomb Marketing Solutions
Contact Name: Customer Service
Ph: 800-921-1221 | Item # 150-50
home, your office and your car. Copies of
the card are available in packs of 100 for $10
(.10 each), including shipping and handling.
(To get this important safety message out to
our members, these cards are sold at cost.)
SM
T H E P O S S I B I L I T Y O F LO S I N G A J O B S H O U L D N ’ T
B E S O M E T H I N G YO U R C L I E N TS LO S E S L E E P OV E R .
H o m e O p e n e r s w i t h u n e m p l oy m e n t p ro te c t i o n
h e l p s yo u r c l i e n t s fe e l m o re s e c u re .
SM
Available through:
Available through:
With interest rates fluctuating, committing to a new home can give anyone
nightmares. HomeOpeners1 from GE Mortgage Insurance, now part of
Genworth Financial, takes away some of that fear with unemployment
protection. Plus, its low fixed cost helps your customers avoid the rising cost
of combo loans. HomeOpeners offers your low down payment customers:
• lower down payments
• lower monthly payments
• lower up-front costs
• unemployment mortgage payment protection at no extra cost2
• payment protection in case of accidental death or disability
• potential tax savings3
Now more of your homebuyers can get in—and stay in—their new homes.
And keeping satisfied customers helps you sleep better too.
Call the ActionCenter® at 800 444.5664 for more information.
Or go to homeopeners.gemortgageinsurance.com
©2005 Genworth Financial, Inc. All rights reserved. Genworth, Genworth Financial and the Genworth logo are service marks of
Genworth Financial, Inc.
1 HomeOpeners mortgage insurance is underwritten by General Electric Mortgage Insurance Corporation in all states except NY, and
by General Electric Residential Mortgage Insurance Corporation in NY.
2 HomeOpeners Involuntary Unemployment Insurance is underwritten by Virginia Surety Company, Inc. Coverage provided in first 24
months of mortgage term. This insurance can make the borrower’s full monthly mortgage payment (PITI capped at $2,000 per
payment) for up to six payments.
3 Lenders and borrowers should consult with a tax advisor regarding tax deductibility of mortgage interest. Information is accurate
as of date of printing and is subject to change without notice. Product availability is based on property location. May not be
available in all states.
Safety Tips
for
Showing Property
Follow these tips to minimize your risks while showing property
I
nstead of meeting new clients at the property, ask
them to stop by your office and complete a Prospect
Identification Form. Gather information on each,
including their car’s make and license number, a copy of
their driver’s license and references.
While the client is in the office, introduce them to one or
more of your colleagues. A would-be assailant does not like
to be noticed, knowing a person could pick him or her out
of a police lineup.
Always let a colleague, friend or family member know
where you are going and when you expect to return. Give
that person the name and phone number of the client you
are meeting.
Try and call the office once an hour to let people know where
you are.
Establish a voice distress code, a secret word or phrase that is
not commonly used but can be worked into any conversation
for cases where you feel that you are in danger. Use this if
the person you are with can overhear the conversation, but
you don’t want to alarm them. The distress code could be
something as simple as “Hi, this is Jane. I’m at [address].
Could you e-mail me the red file?” The distress code should
be used if you are uneasy, but do not feel you are in danger.
If you are in immediate danger – stop the car and leave the
area, or jump out of the car at the next stop. Do not hesitate
to call 911.
Preview the property and don’t go into a neighborhood
that you perceive as unsafe. Be familiar with the area so you
know the location of the nearest police station. Drive there
immediately if you feel you are in danger.
Carry only non-valuable business items (except for your cell
phone), and do not wear expensive jewelry of watches, or
appear to be carrying large sums of money. Lock your purse
in your car trunk before you arrive.
Park at the curb in front of the property rather than in the
driveway. You will attract much more attention running and
screaming to the curb area. It is much easier to escape in your
vehicle if you don’t have to back out of a driveway. Besides,
parked in a driveway, another vehicle could purposefully or
accidentally trap you.
In showing a property, always leave the front door open
wide while you and the client are inside. As you enter each
room, stand near the door.
When you show a home, always let the prospect walk ahead
of you. Direct them; don’t lead them. Say, for example, “The
kitchen is on your left,” and gesture for them to go ahead of
you.
(Sources: Realty Times, REALTOR® Magazine Online, Mesa,
AZ Police Department, REALTOR® Magazine, Louisiana
REALTORS® Association, Washington Real Estate Safety
Council, Real Estate Safety Council, City of Albuquerque,
NM)
This article is part of the NATIONAL ASSOCIATION OF
REALTORS®’ 2005 REALTOR® Safety Week Kit.
7
Wisconsin Housing Market
Maintains Record Pace
State housing market outpaces the nation and the Midwest region
BY DAVID E. CLARK
M
adison – Residential housing sales in Wisconsin
set a second quarter record according to the most
recent analysis by the Wisconsin REALTORS®
Association (WRA). Statewide, home sales increased 5.4
percent over the second quarter of 2004, growing faster than
the nation and the Midwest region. Nationally, home sales
were up by 4.6 percent for the quarter, and the Midwest
region saw home sales rise 1.6 percent as compared to the
second quarter of 2005.
“The housing market in the state remains extremely robust,
especially in the Northern part of the state, with brisk home
sales in the lower price ranges,” said WRA Chairman Kitty
Jedwabny. “As long as the fundamental drivers of housing
demand remain favorable, we anticipate these solid home sales
to continue,” she noted. “While mortgage rates have inched up
slightly in the last few weeks, we have not seen any significant
upward momentum. In fact, during the second quarter, the
30-year fixed rate mortgage averaged just 5.7 percent for the
quarter,” she added. “The job market was also in decent shape,
with an unemployment rate averaging 4.6 percent in the first
quarter,” said Jedwabny, noting that this was about one-half
percent better than the national rate.
Second Quarter Regional Sales Data
As compared to Q2 2004, median home prices were up 6.7
percent to $161,800, although this moderated from the 9.7
percent median price appreciation recorded in the first quarter
of this year. Five of the six regions saw their median prices
grow over the period. Median prices in the Northern region fell
significantly, and this is almost certainly due to the popularity
of second homes that are not waterfront properties.
“While home price appreciation was solid, there is little evidence
of the types of real estate bubbles that can occur in other parts of
the country, namely in the cities in Northeastern and Western
states in the country,” said WRA President William Malkasian.
“In fact, a comparison of our income growth over the past 20
years to the appreciation of housing of consistent quality over
that same period reveals that income actually grew at a slightly
faster pace than housing prices over that period,” he noted.
“Although we have a healthy construction market, there is little
speculative building taking place, and hence there remains a
good balance between growing demand and growing supply of
housing in the state,” said Malkasian.
Median housing prices rose in five of the six regions of the
state when comparing Q1 2005 with the same quarter last year.
Median home price appreciation was up 8.9 percent in the
Southeast region and it rose 7.4 percent in the Central region of
the state. Also solid was the South Central region (+5.7 percent).
Modest increases were seen in the Northeast region (+2.3
percent), whereas prices were up slightly less than one percent
in the Western region. Median prices were down somewhat
substantially (-8.1 percent) in the Northern region.
Sales figures for the second quarter were up in five of the six
regions of the state, based on Multiple Listing Service (MLS)
data for Wisconsin counties. By far, the fastest growth in the
state was in the Northern region, where sales volume increased
an incredible 30.2 percent over the second quarter in 2004.
For a full report of second quarter home sales by region and
Also experiencing double-digit growth was the South Central
county, visit the Wisconsin REALTORS® Association Web site
region, which grew 12.9 percent over the period, followed by
at www.wra.org.
solid growth in the Southeast (+5.7 percent) and the Central
(+4.6 percent) regions of the state. More moderate growth was
seen in the West region, where sales increased 1.9 percent, and
the Northeast region experienced a
Wisconsin Home Sales Data 2nd Quarter, 2005
modest reduction in existing home
sales (-4.6 percent) from the high
Median Home Price
Existing Home Sales
levels set in the second quarter of
Region
Q2-2005
Q2-2004
% Change
Q2-2005
Q2-2004
% Change
2004.
Second Quarter Median
Housing Price Data
Home prices in the second quarter
of the year also experienced growth
according to WRA sales figures.
8
Southeast
South Central
West
Northeast
Central
North
$176,400
$176,700
$150,000
$133,800
$120,000
$125,000
$162,000
$167,100
$148,600
$130,800
$111,700
$136,000
8.90%
5.70%
0.90%
2.30%
7.40%
-8.10%
8750
4473
1863
3521
1056
1672
8282
3962
1828
3690
1010
1284
5.70%
12.90%
1.90%
-4.60%
4.60%
30.20%
Do You Have a Safety Concern?
Trust Your Instincts and Act Accordingly
T
he WRA Legal Hotline receives
a significant number of calls
relating to safety issues.
Obviously no one wants licensees or
the licensee’s clients and customers
to be injured during inspection of a
property. However, licensees face a
number of safety risks during their
practice, and many callers to the
BY RICK STAFF
Legal Hotline want to know what
they should do in these situations. The goal of this article
isn’t to make you paranoid, but to raise your awareness of
the types of situations in which a proactive attitude may
help you avoid potential problems.
According to Wis. Admin. Code §RL 24.07, nothing in the
license law requires a licensee to risk injury while showing or
inspecting real estate. The general rule is that: “A reasonably
competent and diligent inspection of real estate improved with
a structure does not require … a licensee to observe areas of
the property for which entry presents an unreasonable risk of
injury.”
When it comes to vacant land, the Department of Regulation
and Licensing (DRL) also addresses the risk of injury that might
occur when walking vacant land: “A reasonably competent
and diligent inspection of vacant land does not require an
observation of the entire property, but shall include, if given
access, an observation of the property from at least one point
on or adjacent to the property.”
One caller told about a new listing that had basement stairs
suitable only for a mountain goat with body armor and night
vision goggles. The stairs were very steep, the treads were
very narrow, there was no handrail and there was no light.
In discussing the situation, the caller admitted she was very
concerned that there was a significant risk of injury for anyone
using those stairs, particularly guests at showings or open
houses. After discussing the risks, the caller finally decided that
she was going to insist that the seller lock the door to the stairs
and not allow inspection of the basement until proper lighting
and a handrail were installed, along with a sign warning of the
narrow, steep stairs.
Although the listing contract talks about the seller’s responsibility
to make the property safe, a listing or a selling agent who knows
of safety hazards must take appropriate steps to prevent the
risk of injury including, but not limited to, preventing access to
the hazardous area, warning
of the hazard, or removing the
hazard. The correct course of
action will be based on the nature
and severity of the hazard.
The following are some examples
of Hotline calls and some thoughts on how to deal
with the safety issues involved.
Common Hotline Examples:
• A seller seemed to be competing to have the record for
the most junk-strewn house in the state. The listing agent
should, and did insist that the junk go out before any
prospective buyers came in. The seller cleaned up much of
the mess, but a buyer later broke a leg after stepping on a
glass bottle left on the concrete steps.
• The walks are dangerously slick from an ice storm the night
before. Listing and selling agents should postpone any
showings until the ice is dealt with. Will the seller complain
about salt or sand being tracked in? Maybe, but dealing
with the ice needs to be the primary consideration.
• Agents and buyers are walking through a structure that is
still under construction. At this point, they have no idea
whether the stairs, floors, temporary railings, and other
areas of the house are safe. New construction continues to be
the source of many injuries. Contractors typically don’t lock
a house until the construction is pretty far along. Hotline
attorneys are not litigation experts, but it seems to be a
situation many of our mothers would caution us against. It
is not likely that this practice is going to stop overnight, but
if I had a new construction listing I would consider talking to
the contractor about posting signs warning of the property’s
condition. I would also consider not inviting parties to walk
through a property without someone familiar with the new
construction there to monitor and caution as necessary.
The Hotline is a service where REALTORS® call about problems,
and of 10,000 calls to the Hotline, many deal with safety issues.
No one should become paranoid that every listing is a lawsuit
waiting to happen, but if you are presented with a safety issue
that makes you nervous, trust your intuition, consider what
is the most prudent course of action under the circumstances,
and act accordingly.
9
Best of the Legal Hotline
On-the-Job Dangers
The following questions were asked of the Hotline regarding personal safety and health issues.
BY DEBBI CONRAD AND TRACY RUCKA
Meth Labs
A listing broker is listing a property that was used as a
methamphetamine lab. The owner is going to throw out
contaminated materials and have the entire house cleaned
and repainted according to the county health department
requirements. What must be disclosed to buyers?
Methamphetamine (meth) is a man-made amphetamine,
produced and sold illegally in the form of pills, powder or chunks.
Common street names for meth include speed, crank, ice, glass
and crystal. Homemade meth is produced in makeshift labs set
up in homes, apartments, hotel rooms, mobile homes or other
buildings. Although the ingredients used to produce meth are
readily available products, many of the chemicals used in the
“cooking” process can be harmful. Short-term exposure to high
concentrations of chemical vapors in a functioning meth lab can
cause severe health problems or even death. For this reason, meth
“cookers,” their families, and first responders are at highest risk
of acute health effects including lung damage and chemical burns
to different parts of the body. Unsuspecting people can also touch
residues of meth and have symptoms similar to those experienced
by meth users. This contamination needs to be cleaned up, and any
sanitation, electrical and other safety hazards must be addressed.
Once the main chemicals related to the former lab have been
removed, the health department is typically called in to assess the
property for hazards and long-term exposure risks from residual
chemicals. The Department of Natural Resources also may be
called in to assess any environmental impacts from chemical
spills or improper waste disposal. The broker should see if any
reports from these agencies are available to use as a disclosure
document. There are no pre-determined, acceptable levels of clean
up inside a building or home for the many chemicals associated
with meth labs. Thus, testing can be done after clean up, but at
this time the Department of Health and Family Services does not
recommend it.
10
If, however, the seller does not disclose the property’s history
and the steps taken for remediation of the property, REALTORS®
generally should disclose this in writing as information
suggesting the possibility of a material adverse fact. See the
“Cleaning Up Hazardous Chemicals Meth Labs” fact sheet at
www.dhfs.state.wi.us/eh/ChemFS/fs/MethClnUp.htm.
Additional information concerning meth and meth lab clean up
is available at www.health.state.mn.us/divs/eh/meth and in the
National Association of REALTORS®’ “Field Guide to Meth Labs”
at www.realtor.org/libweb.nsf/pages/fg324.
Drug House
The seller has an accepted offer on a rental duplex that is
scheduled to close next month. The morning newspaper
reports that there was a drug bust at this property last night,
and the article referred to the duplex as a “drug house.” Can
the seller evict these tenants, even though they have a oneyear lease?
Any building used to facilitate the delivery, distribution or
manufacture of a controlled substance is a drug house and is
considered a public nuisance. If the seller/landlord has received
written notice from a law enforcement agency that a drug house
nuisance exists in the duplex or was caused by the tenant on
the property, the seller/landlord can evict under Wis. Stat. §
704.17(2)(c). The seller, accordingly, may give the tenant written
notice explaining the basis for the eviction and requiring the
tenant to vacate within five days.
If the seller does not have notice from law enforcement, the seller
may not evict the tenant unless the tenant has breached the lease,
so the seller will have to follow normal eviction procedures.
The seller should keep in mind that it is a poor idea to be
judgmental or disrespectful to the alleged drug-dealing tenant if
the seller has to evict the tenant. Rather than saying, “Get out a my
WISCONSIN
WISCONSIN
REALRE
EAL
STATE
ESTATE
MAGAZINE
MAGAZINE
, SEPTEMBER
, JULY 2005
For more safety articles, see Legal Update 03.10.
FREQUENTLY ASKED QUESTIONS
house ya dirt bag scum!” blame it on the authorities: “The police
called me and said you were selling drugs and they are going to
take the house away from me if you don’t move.” Blame it on the
police even when it is another tenant, a neighbor or even your
own observation that is leading to the eviction (from the August
2003 edition of the Wisconsin REALTOR® Update).
The listing contract provides at lines 111-112 that the seller is
responsible for preparing the property to minimize the likelihood
of injury, damage or loss of personal property. The seller may wish
to confer with his attorney and a mold specialist to determine if
any safety precautions need to be taken to allow for safe property
showings.
Landlords may, by good tenant screening procedures,
minimize the potential for drug dealing tenants. See the
WRA Residential Rental REALTOR® Resource page online at
www.wra.org/Rental.
REALTORS® may also review the mold resources in the
May 2005 Legal Update, “Environmental Update 2005,”
online
at
www.wra.org/LU0505
and
the
Wisconsin
Department of Health & Family Services Web site at:
dhfs.wisconsin.gov/eh/HlthHaz/fs/moldindx.htm.
Mold
A water leak in a vacant property went unattended, resulting
in extensive mold growth. One person entering the house
thought there was a striking green/black carpet, which
turned out to be the mold that has taken over the carpet. One
agent who was asked to list the property told the sellers that
she would not enter this property under any circumstances
and put her health in jeopardy. The seller, Fannie Mae, has
a Disclosure and Release form that must be signed before
anyone can enter the property. The form says “Fannie Mae
has been informed that as a result of a water leak, mold
and/or other microscopic organisms may exist at the property
and microscopic organisms and/or mold may cause physical
injuries, including but not limited to allergic and/or respiratory
reactions or other problems, particularly in persons with
immune system problems, young children and/or elderly
persons.” Is this enough to protect against liability? Can this
property be safely listed and marketed?
There is no established level of airborne mold that is accepted
as unsafe for the general population. The property may be listed
for sale, but it may be best for everyone’s protection to give a
more detailed description of the problem and more information
explaining any potential health risks. The listing broker may
consider giving visitors one or more of the Consumer Fact
Sheets listed on the WRA Mold REALTOR® Resource Page at
www.wra.org/mold in addition to the Fannie Mae release.
Dangerous Dogs
A renter is in breach of lease but has not yet moved out.
There are two large dogs in the home and the tenant is
denying access to the listing broker for showings and will not
control the dogs. The owner says, through his attorney, that
the broker has to set up showings giving 12- hour’s notice.
Who is responsible if the dogs attack a customer and/or the
agent with them?
Pursuant to the terms and conditions of the listing agreement, the
seller has accepted the responsibility to prepare the property to
minimize likelihood of injury, damage and/or loss of personal
property.
The tenant, on the other hand, is required by law to make
the property available for showings to prospective tenants or
purchasers, at reasonable times, upon advance notice pursuant to
Wis. Stat. § 704.05. Landlords must give notice of entry at least 12
hours in advance per Wis. Adm. Code § ATCP 134.09(2) unless
there is a local ordinance requiring longer notice. The notice may
be verbal or written, but it is prudent to give written notice and
keep a copy of all entry notices for the file.
If the tenant will not contain his dogs and provide access, the
seller’s attorney may need to address the situation. The broker
should not undertake a showing which would put buyers at risk.
If the tenant remains uncooperative, showings may need to be
postponed to protect agents and consumers.
11
Are You Ready ...
When Disaster
Strikes?
Prepare Your Business for Emergency
BY DEBBI CONRAD
H
ere in Wisconsin we are not likely to think we are at
risk for terrorist attacks, but disaster – both natural
and man-made – can strike at any time. Although
biological, chemical, nuclear, radiological or explosive threats
may seem remote to most Wisconsin REALTORS®, natural
disasters like tornadoes, fires, hail and lightning damage,
severe cold and freezing pipes, and flooding are not unusual.
A broker’s staff and clients may someday be grateful that
the broker had the foresight to do some basic emergency
planning.
Emergency or disaster planning generally has three basic
components:
• Medications such as pain relievers, stomach remedies, etc.
• Mylar blanket
• Basic tools such as work gloves, crow bar, wrenches, etc.
• Emergency contact list
• Plastic sheeting (thickness of 4 to 6 mil), duct tape (minimum
thickness of 10 mil) and scissors (for sheltering in place)
• Camera and film
Evacuation Plan
Emergency Kit
Create a floor plan of the office and label at least two emergency
escape routes. Mark the tornado shelter and shelter-in-place
locations (for chemical incidents) and the location of the emergency
kit (the shelter-in-place room, if possible). Label an assembly site
where everyone can meet after they have exited the building.
Assign key staff members to act as safety coordinators; they will
decide when to evacuate the office and shut down computers and
other equipment, close doors and lock the office. Distribute copies
of the evacuation plan to staff and post it in the office.
Keep an emergency supply kit in each office location. A good
emergency kit will include:
Emergency Contact List
• Protecting staff and clients from personal injury and illness
• Protecting business assets
• Planning for business continuity
Personal Safety
• Flashlights and extra batteries
• A battery-powered radio
• Basic first aid supplies including gauze and tape, antiseptic
wipes, anti-bacterial ointment, a cold pack, non-latex gloves
and a CPR breathing barrier
• Non-perishable, ready-to-eat food such as canned foods and
granola or energy bars
• At least one gallon of drinking water in plastic containers
• Plastic utensils, cups and plates; plastic garbage bags; paper
towels
12
Prepare a list of contact information for the police department,
fire department, hospital, building manger (if office is rented),
insurance agent, utility companies, local building contractors and
the Red Cross. Also list contact numbers for all staff (include home
numbers and who to call in an emergency).
Safety Equipment and Training
Equip the office with fire extinguishers, smoke detectors and
carbon monoxide detectors. Consider installing a sprinkler system
and emergency lights that come on if the power goes out. Offer
CPR training to staff.
Sheltering in Place
If local authorities believe the air is badly contaminated with a chemical
(for example, a chemical tanker overturned in front of your building),
you may be instructed to take shelter and “seal the room.” In this
situation, bring everyone inside, close all windows and air vents, and
turn off fans, air conditioning and forced air heating systems. Take
the emergency supply kit to the shelter-in-place location (if the kit
is not already stored there). A shelter-in-place location should be an
interior room, such as a break room or conference room, with no or
few windows. Once everyone is in the room, seal all windows, doors
and air vents with plastic sheeting and duct tape. Measure and cut the
sheeting in advance to save time.
Safeguarding Business Assets
Emergency Preparedness Resources
• Red Cross Preparedness Information:
www.redcross.org/services/disaster/0,1082,0_500_,00.html
• “Open for Business: A Disaster Planning Toolkit for the Small
Business Owner”:
homelandsecurity.wi.gov/docview.asp?docid=783&locid=27
• Wisconsin Homeland Security resources for businesses:
homelandsecurity.wi.gov/section.asp?linkid=136&locid=27
• READYBusiness, the U.S. Department of Homeland Security:
www.ready.gov/business/index.html
• Make back-up copies of computer data and critical records and
store them off-site
• Keep copies of important documents such as a lease and insurance
policies at a different location
• Install surge protectors for all computers and phones, and use
battery back-up systems
• Maintain critical information access passwords and login codes in
a secure location
Plan for Business Continuity
Consider the impact if the office shut down as a result of a disaster.
What would be needed to continue your business?
• Have a written delegation of supervisory authority that goes into
effect only if the supervising broker or managing brokers become
incapacitated, and leave any information that replacement or
interim managers would need to effectively run the office. Seal this
in an envelope to be opened only in the event of a disaster.
• Review office insurance coverage with your insurance agent and
ensure that there is coverage for computers and critical business
contents. Be aware of what is and is not covered (for instance,
most policies do not include flood insurance). Consider whether
business interruption insurance is needed.
• In the event of a loss, contact your insurance agent immediately
and be ready to explain how, when and where the loss occurred
and give a general description of the damage. Take pictures of
property damage, if possible.
of Wisconsin
COMMISSION ADVANCES
OVER $200,000,000 ADVANCED
NO CREDIT CHECK
SIMPLE APPLICATION
All you need is a signed contract with no
contingencies except financing. We do business
with real estate agents throughout Wisconsin.
Local Office... Personal Service
CALL US NOW!
262-798-3820
www.ce-wisc.com
Affiliate Member: NAR, WRA and
Greater Milwaukee Association of REALTORS®
Official Registered Supplier for Realty Executives International
13
Sex Offender
Community Notification
What are REALTORS®’ Responsibilities?
BY DEBBI CONRAD
A
community notification meeting was held last week to
inform the public that a convicted rapist is returning
to town after serving an 11-year prison term. He will
wear an electronic monitoring bracelet. A broker has a listing
call at the house next door to where this person will be living.
Exactly who in the community will be notified? What are the
broker’s disclosure duties?
Community Notification Process
Local law enforcement agencies have the authority to provide
information about certain sex offenders to the community if,
in their opinion, releasing the information would enhance the
protection of the public.
Special Bulletin Notification
The process begins with the Department of Corrections (DOC),
which issues a Special Bulletin Notification (SBN) when certain
sex offenders are released from prison or a mental health
institution. The SBN is issued to local law enforcement and
includes the offender’s physical description, including a photo,
the individual’s offenses, offense profile and offense pattern
behaviors, the release plan, and the name and telephone number
of the supervising agent. A SBN must be issued when the
released offender committed crimes involving the victimization
of children or people considered “vulnerable,” and when the
offender has been convicted of a sex offense
more than one time. The DOC has
discretion to issue a SBN in
other cases. The law does
not require a SBN upon
the release of all sex
offenders.
Community Notification
Upon receipt of a SBN, local law enforcement determines,
on a case-by-case basis, what level of community notification
should be given. Law enforcement consults with a team of sex
offender specialists, probation/parole agents, and victim/
witness coordinators when making this determination. The team
considers the risk to the community, victims’ needs, community
needs and the offender’s rehabilitative needs.
There are three levels of community notification.
• Level 1 notification is limited to law enforcement.
• Level 2 notification is targeted to specific individuals,
facilities and groups based on the particular facts in the case.
A Level 2 notification may be made to schools, neighbors,
community groups, day care centers, parks, recreation areas,
libraries, etc.
• Level 3 is community-wide notification and may occur through
media releases, door-to-door notification or community
meetings.
Electronic Monitoring Program
An offender on electronic monitoring wears an electronic ankle
bracelet that transmits a signal to a receiver attached to the phone
in his or her home. If the offender moves “out of range,” an
electronic signal is transmitted to the monitoring center and staff
will attempt to reach the offender by phone. If there is no answer,
an arrest warrant is automatically issued. However, offenders
can be authorized to leave their home for employment, treatment,
school, and other approved activities during which they are not
monitored electronically.
Broker’s Disclosure Duties
When a party asks a real estate licensee about sex offenders or
the sex offender registry, the licensee may respond with the
information known by the agents in the company about these
issues or provide the sex offender disclosure language to the
party. If the sex offender disclosure language is provided in a
timely manner, the broker has immunity from liability with
regard to sex offender disclosure. The Sex Offender Registry
telephone number is 877-234-0085 and the Web site is
offender.doc.state.wi.us/public. See the WRA Sex Offenders
Registry Resource Page for additional information at
www.wra.org/Sexoffenders.
14
Protect
Yourself
Against
Theft
When you’re working:
door with glass panels within three feet of the lock, install a
double-cylinder deadbolt, which requires a key on both sides
so that a burglar cannot break the glass and unlock the door. If
a door has conventional glass panels, consider replacing them
with shatterproof glass or with polycarbonate material.
If you carry a purse, keep it locked in the trunk of your car
during showings.
Protect your clients against crime:
Carry only non-valuable business items (except for your cell
phone) when you are showing property, hosting an open
house, or simply out and about. Don’t wear expensive jewelry
or watches, or appear to be carrying large sums of money.
At property showings, don’t leave your own briefcase, purse,
laptop or mobile phone in view. (But of course you should
have your phone with you at all times.) Wear clothing with
pockets so that you can carry your car keys with you.
In your office:
Keep all windows and counters clear and free of signs, posters
and paint so that people can see in. Make sure that all unused
doors and windows are always locked, especially if they are
out of sight and earshot. Lock office doors after hours, and
consider getting a door that unlocks with a buzzer so that you
can decide whom to let in.
In your car:
Keep your car locked at all times—even when you’re in
it—with purses, briefcases, gym bags and other apparent
valuables out of sight.
In your home:
Check the quality of locks on all your entry doors. For real
security, each door should have a deadbolt lock with a full
one-inch bolt in addition to existing locksets. If you have a
When you’re showing a home, remind your clients that
strangers will be walking through their home. Suggest that
they put any valuables—including prescription drugs—in a
secure hiding place.
At an open house, be alert to visitors’ comings and goings,
especially near the end of showing hours. Groups of criminals
have been known to show up en masse near the end of the open
house and, while several “clients” distract the REALTOR®,
others go through the house and steal any valuables they can
find.
Finally, when you leave a client’s property, whether after an
open house or a standard showing, make sure that all doors
and windows are secured. Thieves commonly use open
houses to scout for valuables and easy entrance routes, and
then return when the agent leaves.
Inform your clients that while you are taking safety
precautions, and that you’ve checked and locked the home
before leaving, they should immediately double-check all
locks and scout for missing items immediately upon their
return, in case you’ve missed any less-than-obvious means of
entry.
15
Education & Products
Appraisal CE
Real Estate CE
Choose From a Variety of Courses to Earn Your CE Credits
In order to renew your appraiser license, you are
required to complete 28 hours of continuing education
in each biennium. Seven of these hours must be USPAP
education. The biennium ends on December 31, 2005.
For real estate professionals, the Wisconsin Department of Regulation
and Licensing mandates that 12 hours of continuing education
be successfully completed during each two-year licensing period.
Successful completion may be accomplished by taking and passing a
Test-Out Examination, by taking four three-hour courses, which each
include an examination, or by successfully completing a CCIM, SIOR,
or CPM designation course along with CE 3 - New Developments.
• The Professional’s Guide to the New URAR Form
October 11 – Stevens Point
October 12 – Brookfield
October 13 – Madison
• Transitional Lands
October 18, 2005 – Madison
• USPAP Update (National 7-Hour Course)
This course focuses on recent changes to the
Uniform Standards of Professional
Appraisal Practice (USPAP). It will be held:
November 8 – Oshkosh
November 9 – Waukesha
November 10 – Madison
• Appraising Manufactured Housing Using the FNMA
1004C Addendum and Market Analysis (a.m.)
• So Your Comps Aren’t Perfect … Adjust (p.m.)
December 13 – Appleton
December 14 – Pewaukee
• Appraising Two- to Four-Family Properties (a.m.)
• Predatory Lending (p.m.)
December 15 – Madison
• Understanding the Mass Appraisal Process (a.m.)
• Map Measurements, Map Reading and Legal
Descriptions (p.m.)
December 16 – Madison
(Submitted for Wisconsin, Minnesota and Michigan
Appraisal CE, and Wisconsin Assessor CE)
For more information, visit:
www.wra.org/APCECourses
New! Appraisal CE Distance-Learning Option
There are also two distance-learning courses available for
Appraisal Continuing Education at this time, with more courses
coming in the future. The two available courses are:
• Relevant Environmental Issues for Residential
Appraisers (4 hours)
• Procedures for the Unusual Residential Appraisal
Assignment (4 hours)
Fee per distance-learning course: Appraisal Section
Member: $60; WRA Member: $65; and Non-member: $70
16
Three Easy Ways to Complete Your 2005-2006 Real Estate
Continuing Education Requirements!
1. Classroom
Check the calendar for classes scheduled in your area (see page 19).
Additional classes will be addded throughout the year.
2. Video
Our video program is available in VHS or DVD with online testing.
3. Self-Study Booklet
You can use self-study booklets to study and complete your continuing
education requirements with online testing.
Firms may also purchase the 2005-2006 CE video (VHS or DVD) series
and a bank of exams referred to as the Multi-Exam version. The MultiExam version is available only to REALTOR® member firms. Firms
can purchase a minimum of 10 online exams for use by REALTOR®
members to complete their continuing education requirements. Call
the Education Department at the WRA for additional details.
The four three-hour courses are:
Course 1 - Issues Relating to Use of Approved Forms, Contract Law and
Real Estate Practice - Agency Agreements
Course 2 - Issues Relating to Use of Approved Forms, Contract Law and
Real Estate Practice - Conveyance Documents
Course 3 - New Developments
Course 4A - Issues Relating to Interaction with Other Real Estate Service
Providers: Attorneys, Title Companies, Mortgage Originators,
Home Inspectors, Appraisers, Etc.
Fees: The cost for the distance learning real estate CE courses is $24 per course
for members and $32 for non-members. Visit www.wra.org/CECourse.
There’s Still Time to Register
for Convention!
Register online:
www.wra.org/convention05
Register by phone:
1-800-279-1972
Broker Prelicense.
Get Your Broker’s License.
October 10-13, 2005 in Madison
Are you interested in obtaining your broker’s license?
If so, this course will count toward the 36 hours of
education that is required for taking the broker’s exam.
Areas of study in this course include:
• Fair Housing
• Real Estate Practice
• Approved Forms
• Trust Accounts, and more
This course is also available in self-study formats on video
and via the Internet. Completion of this program, passing
the broker exam and applying for your broker’s license
fulfills your 2005-2006 continuing education.
For more information,
visit: www.wra.org brokerplcourses
ABR. Two-Day Buyer Agency Course
The Accredited Buyer Representative (ABR®) Designation is the
benchmark of excellence in buyer representation. The overall goals
of the ABR® Designation Course are to educate and prepare buyers’
reps to provide the kind of service and fidelity to buyers that sellers
have always enjoyed, and to offer methods for building your buyer
representation business. In each course module you will examine
a different topic, and together they create a comprehensive guide
to help you become an effective, efficient, and profitable buyer’s
representative.
After completing this two-day course and successfully passing
the exam, you will have achieved ABR® Candidate status, a threeyear period during which you must fulfill the ABR® Designation
requirements to earn your ABR® Designation. (Fulfills 2005-2006
CE 4 course)
This course is being offered October 26-27, 2005 in Eau Claire.
For more information, visit www.wra.org/abrcourses.
QuickStart
As you start to recruit, don’t forget to send your new agents to the fourday QuickStart Program (offered in two, two-day sessions). Course content
includes Prospecting, Open Houses, Incorporating Technology, Creating a
Business Plan, Working with the Buyer, Money Management, Working with
the Seller, The Listing Presentation, ZipForm, and Working with Contracts,
plus much more. Modules 1 and 2 will be offered October 19-20, 2005 at the
WRA and Modules 3 and 4 will be offered November 3-4, 2005, in Madison.
Upon completion of the four modules and passing the exam, agents can
receive credit for the completion of GRI Course 1. Fee is only $240; however,
the WRA offers a new Member Discount of $40 – cost of this course is only
$200. This is a fantastic price for four days of instruction for your new agents.
www.wra.org/QSCourses.
Education Registration Form
CONTACT INFORMATION
Name ________________________________________________
Firm name ___________________________________________
Address _______________________________________________
City ______________________ State _______ Zip ___________
Phone (W)______________________ (H)____________________
*e-mail address ________________________________________
SS# or WRA member # _________________________________
DATES AND FEES – Fill in information for course attending
Course _______________________________________________
Location ______________________________________________
Date _________________________________________________
*Confirmation will be sent by e-mail, or you may check myWRA at
www.wra.org to verify course registration.
PAYMENT: Total $_____________
❏ Enclosed is my check made payable to the WRA.
❏ Charge my VISA/MasterCard. (Circle one.)
Card number______________________________Exp. date________
Register by Mail:
WISCONSIN REALTORS® ASSOCIATION
4801 Forest Run Road, Suite 201
Madison, WI 53704-7337
Register by Phone: (800) 279-1972 or (608) 241-2047
Register by Fax: (608) 241-5168
Online Registration: www.wra.org
CANCELLATION POLICY: The WRA reserves the right to cancel
a course if not filled. Cancellations must be made in writing
prior to the start of the course and will be refunded, minus a
$25 administrative fee. Registrations cannot be transferred from
person to person.
❏ Special Services: Check here if you require special services
to attend. Attach a written description of needs.
Management
Conference
Mark your calendar for the Management Conference,
scheduled for December 13-14, 2005 at the Country
Springs Hotel in Pewaukee. This is a great opportunity
for brokers/owners to enhance their leadership
skills through workshops featuring top presenters
in the real estate industry. More details to follow …
www.wra.org/Management.
17
productSHOWCASE
REALTOR
®
Canary Wireless Digital Hotspotter®
Pocket-sized Hot Spot Detector
M
ost laptops sold in stores today are equipped
could cause you to waste time troubleshooting a connection
for wireless connectivity, allowing you
that turns out to be unavailable.
to connect to the Internet from literally
anywhere, ranging from a coffee shop to an airport
to a hotel room. The rewarding part is you don’t need
wires. The challenging part is finding a good network
connection. If you’re a wireless junky, there is a wide
range of pocket-sized Wi-Fi detectors available to help
you find a wireless connection and zero in on a signal.
One solution is the Canary Wireless Digital Hotspotter
(HS10), which accounts for all of these issues. Unlike other
devices, the Hotspotter tells you signal strength, whether or
not multiple networks are present, and most importantly,
whether the network being detected is open. This saves you
from having to drag out your laptop, power it up and test
your network connection to make sure it really works. If you
A word of caution, however – hot
are looking for a hot spot finder
spot detectors are great, but typically
be sure to consider both signal
fall short in a few areas. First, most
strength and encryption.
Wi-Fi detectors do not indicate
whether you are detecting one or more networks. Some
detectors will even pick up cordless phones, microwaves
and cell phones, making the unit inadvertently responsive.
Also, many detectors have an absence of real-time signal
analysis to tell you whether a network is secure (encrypted)
or open to the public. Secure networks are not open to the
public and can’t be used to access the Internet from outside.
Older Wi-Fi detectors do not account for encryption and
The Canary Hotspotter measures 2.52” x 2.17” x 1.06” and
includes two standard triple A batteries. It easily fits into your
pocket and is lightweight in design. The two shortcomings
noted from our review is the lack of information on the
company Web site and callback technical support. Otherwise,
the unit is perfect for Wi-Fi network detection and is easy to
use. For a complete review and technical roundup of Wi-Fi
detectors, visit www.handtops.com/show/news/68.
Manufacturer: Canary Wireless
Web site: www.canarywireless.com
Pricing: $49.95
18
Real Estate CE
Appraisal CE
Sales & Mktg
Management
Pre-license
Education Calendar
www.wra.org/CourseSchedule
Date
Sept. 19-22; 26-29, 2005
Oct. 10-13, 2005
Nov. 7-10; 14-17, 2005
Jan. 16-19, 2006
Course
72-Hour Sales
36-Hour Broker
72-Hour Broker
36-Hour Broker
Date
Sept. 8-9, 2005
Sept. 11-12, 2005
Sept. 13, 2005
Oct. 19-20, 2005
Oct. 26-27, 2005
Nov. 3-4, 2005
Jan. 23-26, 2006
Jan. 25-26, 2006
Feb. 21-24, 2006
Feb. 21-24, 2006
Feb. 23-24, 2006
Feb. 23-24, 2006
Feb. 22-23, 2006
Course
QuickStart Module 103 & 104
CRB – Financial Planning & Management
Negotiation for RE Prof (ABR Elective)
ABR Course
GRI Course 2
CRS 201
GRI Course 2
GRI Course 3
RS 201
RS 202
ABR
Date
Oct. 11, 2005
(7 hours)
Oct. 12, 2005
(7 hours)
Oct. 13, 2005
(7 hours)
Oct. 18, 2005
Nov. 8, 2005
Nov. 9, 2005
Nov. 10, 2005
Dec. 13, 2005
(7 hours)
(7 hours)
(7 hours)
(7 hours)
(3.5 hrs. a.m.)
Dec. 13, 2005
(3.5 hrs. p.m.)
Dec. 14, 2005
(3.5 hrs. a.m.)
Dec. 14, 2005
(3.5 hrs. p.m.)
Dec. 15, 2005
Dec. 15, 2005
Dec. 16, 2005
(3.5 hrs. a.m.)
(3.5 hrs. p.m.)
(3.5 hrs. a.m.)
Dec. 16, 2005
(3.5 hrs. p.m.)
Date
Sept. 11-13, 2005
Sept. 15, 2005
Oct. 4, 2005
Oct. 4, 2005
Oct. 6, 2005
Oct. 6, 2005
Oct. 10, 2005
Oct. 11, 2005
Oct. 18, 2005
Oct. 19, 2005
Oct. 20-21, 2005
Oct. 25, 2005
Oct. 26, 2005
Nov. 2, 2005
Nov. 3, 2005
Time
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
8:00 a.m. – 5:00 p.m.
Location
Madison – WRA
Madison – WRA
Madison – WRA
Milwaukee
Location
Early Reg.*
Madison – Holiday Inn $240 (1)
Wisconsin Dells
Wisconsin Dells
Madison – WRA
$240 (1)
Eau Claire
$260
Madison – WRA
$240 (1)
Lac du Flambeau
$325
Lac du Flambeau
$285
Madison
$325
Madison
$325
Madison
$275
Madison
$275
Madison
$260
Course
The Professional’s Guide to the
New URAR Form 1004┼
Transitional Lands
National USPAP Update┼┼
Appraising Manufactured Housing
Using the FNMA 1004C
Market Analysis-So Your Comps
Aren’t Perfect … Adjust
Appraising Manufactured Housing
Using the FNMA 1004C
Market Analysis-So Your Comps
Aren’t Perfect … Adjust
Appraising 2-4 Family Properties
Predatory Lending
Understanding the Mass
Appraisal Process
Map Measurements, Map
Reading & Legal Descriptions
Course
2005-2006 CE 1, 2, 3 & 4A
2005-2006 CE 4A
2005-2006 CE 3
2005-2006 CE 1 & 2
2005-2006 CE 1 & 2
2005-2006 CE 1 & 2
2005-2006 CE 2 commercial
2005-2006 CE 3 & 4A
2005-2006 CE 1 & 2
2005-2006 CE 1 & 2
2005-2006 CE 1, 2, 3 & 4A
2005-2006 CE 3 & 4A
2005-2006 CE 3 & 4A
2005-2006 CE 3 & 4A
2005-2006 CE 4A
Time
8:30 p.m. – 4:30 p.m.
1:00 p.m. – 4:30 p.m.
8:30 a.m. – 12:00 p.m.
8:30 a.m. – 4:30 p.m.
9:00 a.m. – 5:00 p.m.
9:00 a.m. – 5:00 p.m.
9:00 a.m. – 12:30 p.m.
8:30 a.m. – 4:30 p.m.
8:30 a.m. – 4:30 p.m.
8:30 p.m. – 4:30 p.m.
8:30 p.m. – 4:30 p.m.
8:30 a.m. – 4:30 p.m.
8:30 p.m. – 4:30 p.m.
8:30 p.m. – 4:30 p.m.
8:30 p.m. – 12:00 p.m.
Regular Reg.**
$325 (plus books)
$255 (plus books)
$325 (plus books)
$255 (plus books)
Location
WI Dells
Racine
Janesville
Appleton
Madison
Brookfield
Madison
Appleton
Green Bay
Richfield
Mosinee
Green Bay
Richfield
Madison
Janesville
Location
Stevens Point
Early Reg.*
$140
Regular Reg.*
$240 (1)
$535
$189
$240 (1)
$270
$240 (1)
$335
$295
$335
$335
$285
$285
$270
Regular Reg.*
$150
Brookfield
$140
$150
Madison
$140
$150
Madison
Oshkosh
Waukesha
Madison
Appleton
$140
$140
$140
$140
$75
$150
$150
$150
$150
$80
Appleton
$75
$80
Pewaukee
$75
$80
Pewaukee
$75
$80
Madison
Madison
Madison
$75
$75
$75
$80
$80
$80
Madison
$75
$80
Registration
Member* Non-Member*
Must be registered for convention
262-554-3940
Call for information
608-755-4854
920-739-9108
800-279-1972
$24/course $32/course
800-279-1972
608-238-4445
920-739-9108
920-739-9108
262-338-8114 or 262-375-4730
800-279-1972
920-739-9108
262-338-8114 or 262-375-4730
800-279-1972
608-755-4854
19
Nonmembers pay an additional fee for all courses. (1) Fee for all four modules. * Must be postmarked or received by the WRA 14 days prior to start of class. ** Fee until day
of class – additional fee charged at the door. # Group discount for six registrations mailed in one envelope. ┼ Includes Appraisal Institute. ┼┼ Includes 2005 USPAP book.

Appraiser section members receive discount.
Keeping Schools Strong ...
But at What Price
Governor Doyle’s Veto Impact
G
BY MICHAEL THEO
overnor Doyle has now completed his
vetoes of the 2005-07 biennial budget bill
and legislative leaders, angry at the extent
of his word surgery, are now contemplating their
veto override options. This is not unusual.
such authority, he could bypass the Legislature
altogether in the future and simply authorize his
Department of Administration Secretary to spend one
massive pot of money where he directs it to be spent,
with no legislative input or control whatsoever.
What is unusual, however, is the net effect of the
governor’s creative word-smithing. Unlike past vetoes
by past governors, Doyle’s vetoes will increase state
spending above the level approved by the Legislature
by hundreds of millions of dollars. Because the state
constitution empowers the legislative branch alone
to appropriate funds, Governor Doyle’s action has
sparked a potential constitutional confrontation. In
many respects, we’re in uncharted budget waters.
From a budgetary perspective, the governor’s
action increases the mismatch between future state
spending commitments and future revenues by some
$400 million, creating a potential structural deficit at
the beginning of the next biennium of $1.2 billion.
This is because the effect of the governor’s vetoes is
to transfer one-time monies from separate segregated
funds (the Transportation Fund) to pay for ongoing
K-12 school expenses.
Whatever the outcome, credit the governor with
maximizing his extensive, legally sanctioned
authority to achieve executive policy goals through
the line-item veto. By selectively deleting words to
create whole new sentences, the governor approved
a plan that puts some limits on property taxes for two
years and also transfers $330 million to K-12 schools.
The WRA has been a strong supporter of a temporary
property tax freeze and for keeping Wisconsin
schools strong – both of which contribute to a strong
residential housing market. But the governor’s
method of achieving these goals has raised serious
constitutional, budgetary and political issues.
From a political perspective, the governor has
unequivocally made schools his top spending
priority. Any attempt by Republicans or others to
challenge his vetoes on the grounds that he lacks the
constitutional authority to increase spending or that
he is exacerbating the state’s structural budget deficit
will be countered by the governor accusing opponents
of neglecting our children and their schools.
Constitutionally, legislative Republicans and others
must consider whether or not to legally challenge
the governor’s vetoes, which create new budget
language increasing net spending far above the
levels authorized by the legislative branch. He did so
by transferring hundreds of millions of dollars from
designated funds to the general fund, then creating
new authority for his Department of Administration
Secretary to move that money to the Department of
Public Instruction, with the direction to spend it on
increased school aids. He also increased bonding
substantially. Critics claim that if the governor has
20
?
Obscure arguments about constitutional powers
and structural deficits are harder to make to the
general public than saying that we should give more
money to schools for our children, but at what price?
Funding schools by starving medical assistance, road
construction and maintenance, the University of
Wisconsin System, and every other part of the state
budget does not seem to be a sustainable, long-term
budget strategy. Indeed, it may be a recipe for future
tax increases and/or draconian budget cuts.
That legislative leaders are not happy with a
governor’s vetoes is not unusual. But vetoes that in
the end spend far more than the levels appropriated
by the Legislature are new and do raise new concerns
about the long-term fiscal stability of Wisconsin.
We’re now in uncharted budget waters.
The Wisconsin HOMEOWNERS Alliance
A Voice for Homeowners
BY JOE MURRAY
T
he
Wisconsin
REALTORS®
Association (WRA) is proud to
announce the creation of a new
statewide organization to be the voice for
all Wisconsin homeowners and property
owners: the Wisconsin HOMEOWNERS
Alliance (WHA).
The mission of the WHA is to advance
and promote issues of concern to the more
than 3 million homeowners in Wisconsin
through education and advocacy. The
WHA will keep state and local officials, and
the public, aware of how various proposed
policies could help or hurt housing and
property ownership. Here’s how:
• Advocacy efforts will include meeting
with federal, state, and local officials on
issues of concern, and, when needed,
mobilizing the public when an issue
impacts home ownership or private
property rights.
• Advocacy will be accomplished through
the media, and through grassroots
actions like phone-calling campaigns
and coalition building.
21
continued on page 22
Public Policy
Homeowners Alliance ... continued from page 21
• As part of its educational approach, Wisconsin Home magazine
will be available for all WRA members to educate clients
on issues that affect home ownership and private property
rights such as the proposed DNR pier regulations, shoreland
zoning, and scores of local land use related issues.
The WHA is a newly formed 501(c)(4) non-profit corporation,
funded through efforts of the WRA and, in the future, other
like-minded organizations who share our goal of advancing
and promoting issues of concern to Wisconsin homeowners
and property owners.
• The WHA will focus only on issues, not candidates. Every
WRA member will benefit from the work of this Alliance as
we build and expand on successes we have had throughout
the state on state and local issues. Recent successes include
moving forward on the Park East Corridor redevelopment
plan in Milwaukee, and defeating overly restrictive land use
regulations in the Town of Winchester, Winnebago County,
and Shawano County.
Watch for upcoming informational materials on the new WHA
in October including videos, informational flyers, and copies of
the first edition of Wisconsin Home magazine.
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22
July 2005
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WISCONSIN
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EWS
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URCE FOR
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n case you missed
it, the July issue
of Wisconsin Real Estate Magazine
featured articles on home buying issues
for consumers – those questions and issues
your clients turn to you for advice on.
Articles covered why use a REALTOR®,
an explanation of forms used in real estate
transactions, whether or not to hire an
attorney and an accountant, and the benefits
of home inspections and title insurance.
��
The magazine was written and designed for
you to use with your clients and customers.
Reprints are available of our Consumer 101
edition for $9.00 for a package of 10 magazines
plus shipping.
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New Legislation Would Allow
All Nonconforming Structures
To Be Rebuilt
If Destroyed By Natural Occurrences
A
s part of the 2005-06 legislative session,
a number of bills have been introduced
that will have a direct benefit to
property owners. One of those bills is Senate
Bill 253, which is intended to provide relief to
owners of nonconforming structures.
BY TOM LARSON
24
Background
A “nonconforming structure” is a home or
building that does not meet one of the dimensional
requirements found in the current zoning
ordinance. This could be a setback requirement,
height requirement, lot coverage ratio, impervious
surface requirement or any other regulation relating
to the size or the placement of a building on a lot.
Generally, a building becomes nonconforming
because a community changes the regulations
after the home or building is constructed.
When a home is classified as “nonconforming,”
significant restrictions are often placed on the
ability to improve, expand or replace the building.
These restrictions impact the value of the property
because purchasers are unwilling to pay the same
amount for a home with these restrictions as they
would for the same home with no restrictions.
In addition, lenders and insurance providers
are sometimes reluctant to offer financing or
issue insurance policies because these homes are
considered “high risk” due to the fact that, if destroyed,
they cannot be rebuilt to the same configuration.
Current law protects the ability of property owners to
rebuild their homes, but only in limited circumstances.
To qualify for this protection, the home must be located in
a shoreland area regulated by county shoreland zoning.
However, if a home is located outside of this small area,
no protections at the state level exist. Furthermore, if the
home is destroyed by wind, fire, flood or vandalism,
the home can be rebuilt. If it is destroyed by any other
causes (e.g., mold, infestation or something else outside
the control of the property owner), the home cannot be
rebuilt.
Proposed Legislation
Senator Cathy Stepp (R-Sturtevant) has introduced
legislation (SB 253) that would allow ALL nonconforming
page 26
continuedcontinued
on pageon 26
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Auctioneers
Appraisers
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&
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Slow Moving Properties?
Sellers Anxious?
Use the auction method
to sell property!
For rates and additional
information contact Ray Miller.
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(608) 588-3200 or (608) 524-0365
auction@jvlnet.com
www.raymiller.ws
auction company 265-053 Auctioneer 2070-052
Appraiser 1520-004
Nonconforming Structures... continued from page 25
��
structures to be rebuilt, no matter
where they are located. Under
this legislation, a nonconforming
structure could be rebuilt if it is
located in a city, village or town, or
if it is located in a shoreland or nonshoreland area. Furthermore, SB 253
would expand the list of conditions
under which property owners
could replace their nonconforming
structures to include destruction by
mold, ice, snow or infestation.
Conclusion
For most people, a home is their
single biggest investment. The
WRA believes that all homeowners
should
have
the
necessary
protections to replace their home
if destroyed by natural disaster,
whether the home is conforming
or nonconforming, or whether it is
located in a county shoreland area or
within the city limits. Accordingly,
the WRA strongly supports SB
253 and will continue to advocate
on behalf of property owners and
seek reasonable reforms to the
way nonconforming structures are
regulated.
For more information,
please contact Tom Larson:
(tlarson@wra.org)
(608) 240-8254.
��
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26
REFERRALS
��
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Boulder Junction • Mercer • Minocqua
Manitowish Waters • Area Referrals
Jim Tait III
Boulder Jct.
877-385-2077
Jim Tait Sr.
Minocqua
800-677-8248
www.jimtaitrealestate.com
SOUTHEAST WISCONSIN
��
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www.RealEstateAmbassador.com
direct: 715.297.1953 toll free: 866.348.5300 fax: 715.849.5301
��
Dane County Referrals
All of N.E. Wisconsin
��
��
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��
Adam Drossart
Broker/Owner
1-920-743-6906
1-800-236-6104
www.c21arg.com
��
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��
Green Bay - Sturgeon Bay
Referrals
�
��
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��loves referrals!
��
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Melanie L. Fischer, GRI
��
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Cheryl L. Eskridge
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sales tip
REALTOR
®
Selling With Style:
Are You Selling Everybody the Same Way?
I
BY TERRI MURPHY,
CRS, GRI, LTG, CREC
f you’ve been in sales for any
length of time, you may have
had an experience with that
one client or customer where
you just didn’t “click” right
away. You may have made the
assumption that they just didn’t
like you, or that they were just
“difficult” to deal with. Most
probably, this person had a
social style, or communication
mode that was quite different
from your own and with a
little training and insight, this
difference in your styles could
have been overcome.
Do you ever hear yourself saying, “Well, it’s just how I am.
I love people and am very enthusiastic, outgoing and I can’t
help myself. It’s just me!”
This shotgun approach to selling everybody with the same
approach can be a costly mistake in today’s competitive market
where we need better relationship skills than ever before.
Whether we use electronic communication, or face-to-face
selling, understanding how to relate more effectively to other
people’s social styles can drastically improve the relationship
and the eventual outcome of your efforts.
People buy when they feel comfortable. What makes them
comfortable may vary from style to style, but the common
ground is always that they feel understood by their
salesperson. This transcends the 70’s and 80’s strategies of the
confrontational, “looking out for number one,” to a win-win
philosophy of empowering the consumer to make the right
decisions in a supportive environment.
There are several reasons to be empowered with learning how
to adapt to a customer’s style. With the emphasis on “Clients
for Life” and the enormous monetary outcome of maintaining
a client for more than one transaction, learning a few basics
on selling with style can make a huge difference in your
production and income.
28
The sales profession has been inundated with numerous
programs to help us “read” people and learn about our
particular communication styles. Since Hippocrates developed
the four basic human temperaments we have learned that there
are four basic tendencies. At U.S. Learning we define them
as: the Driver, Expressive, Analytical, and Amiable models.
These basic four styles are not a judgment, but convey general
characteristics of their personality that can help us help them.
One of your most valuable skills is your ability to assess the
communication or behavioral style of your customer or client
in an effort to work with them in a successful manner. As there
is no best style, when we understand our own style, we can
then begin to understand and appreciate other behavioral
styles and serve them in a way that works. It is incumbent
upon us to respect the dignity, comfort zone and uniqueness
of each person we deal with. It is also up to us to close any
communications gaps that might exist. It is naïve to think our
customers are going to devote much energy to that task.
The four basic styles describe the dominant tendencies of
individuals and offer us valuable and reliable clues as to how
we should interact with them. In our attempt to adapt to the
different styles, it is important for us to keep in mind that with
Drivers we should be efficient, with Expressives stimulating,
Analyticals accurate, and Amiables agreeable. Responding to
people’s individual styles in this manner promotes faster and
shorter sales cycles and improves the probability of a good
long-term, win-win relationship.
Terri Murphy is one of the industry’s leading consultants on the
integration of traditional marketing and communication with
today’s Web and Internet tools. Her expertise is developing and
growing customer relations to create a more profitable business
model for Fortune 500 corporations and real estate companies
nationwide. She has 24+ year career in the real estate industry
and holds the GRI, CRS, LTG & CREC designations. She is the
CIO for U.S. Learning, Inc. and a frequent spokesperson for sales
industries nationwide. Copyright© 2003, Terri Murphy. All rights
reserved. For information about Terri’s presentations, contact the
Frog Pond at 800.704.FROG(3764) or email susie@frogpond.com;
http://www.frogpond.com
��
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Mortgage Guardian
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HOME. SOME RESTRICTIONS APPLY. TO LEARN MORE, CALL TODAY.

Wisconsin Real Estate Magazine

Transcription

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