Speak up, be heard and make an impact!

Transcription

PUBLIC POLICY FORUM
Taxpayers Bill of Rights
BEST OF LEGAL HOTLINE
The facts on buyer agency
October 2004
$5.00
A PUBLICATION OF THE WISCONSIN REALTORS ASSOCIATION
®
NEWS.WRA.ORG
New DRL Agency
Brochure
New brochure delivers a
clearer explanation of
agency laws
page 9
License Renewal
What you should know
as the end of the biennium
approaches
page 11
Public Hearings
for Revised Pier
Rules
DNR hits the road in
November to hear from
waterfront property owners
page 20
New Committee
to Study Septage
Disposal Issues
Commitee hopes to clarify
standards regarding disposal
page 28
2004 ELECTION
Speak up, be heard and
make an impact!
YO U R S O U R C E F O R T H E L AT E S T R E A L E S TAT E N E W S
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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
OCTOBER
2004
MARCH
2004
VOL. 20,
21, NO.
NO. 71
VOL.
Contents
COVER
ELECTION
FEATURES
22
NOTHING ELSE YOU
DO NOVEMBER 2
WILL BE MORE
IMPORTANT.
Voting is not only important because it
is the foundation of our democracy, it’s
important because it directly impacts
your state, your community, your
business and your family.
7 Legal Hotline – Buyer Agency
Frequently asked questions regarding FSBO
transactions and the collection of buyer agency fees
9 DRL Plain-English Agency Brochure
Coming Soon!
The WRA and the DRL have worked together to create a
document that provides a clearer explanation of Wisconsin’s
agency law.
11 License Renewal
Don’t let your license run out! Here are a few pointers to keep
in mind as the end of the biennium approaches.
20 Public Hearings Set for Revised Pier Rules
Advisory group takes its revised rules on the road looking
for feedback from waterfront property owners.
DEPARTMENTS
2
3
Member Benefits
WRA’s PRoFIT program is designed especially for REALTORS®
14
Classes are filling up! Register
today to complete your 20032004 CE requirements
Inside the WRA
An update from WRA President,
Bill Malkasian
4
Chairman’s Corner
5
Meet the 2004-2005 Executive
Committee
A fond fairwell from your
2003-2004 Chairman
13 In the Spotlight
Mike Spranger
WISCONSIN REAL ESTATE MAGAZINE, October 2004
Education Update
18
TABOR Debate to Resume in ‘05
24
Quality of Life Update
Wisconsin housing costs
28
WisDot Appeals Trans 233
Decision
WRA continues to fight for
property owners’ rights
28
Septage Disposal Study
Committee hopes to clarify
standards regarding disposal
1
REAL ESTATE
m e m b e r
b e n e f i t s
Wisconsin Real Estate Magazine is published by
the WISCONSIN REALTORS® ASSOCIATION
Walter Hellyer, CRB, CRS, GRI, Chairman
corky@propertydoor.com
Kitty Jedwabny, CRB, CRS, Chair-Elect
rjedwabny@new.rr.com
Jeff Kitchen, CRS, GRI, Treasurer
kitchen@powerweb.net
future
REALTORS® Deserve a Better
Retirement Plan.
W
isconsin REALTORS® Association members can take advantage of the
WRA PRoFIT (Planned Retirement Future Investment Trust) program developed by WRA and Marshall & Ilsley Trust Company N.A., a top-rated
retirement plan provider according to PLANSPONSOR magazine’s D.C. survey.
The WRA PRoFIT program is an IRS-approved retirement plan with key features real
estate agents will appreciate:
Investment Flexibility
18 investment choices from premier fund families allow you to establish and maintain a diversified retirement portfolio.
24/7 Account Access (including the ability to change your investment allocation)
via www.mitrust.com, the MI Retirement (voice response) line or a “live”
retirement specialist.
To learn more or to rollover from your current retirement savings plan call:
B.T. Thomas, Marshall & Ilsley Trust Company N.A.
(608) 232-2052
Debbie Thacker, Wisconsin REALTORS® Association
(800) 279-1972
2
William E. Malkasian, CAE, President
wem@wra.org
Editorial Staff
William E. Malkasian
Publisher
Robert Uhrina
Managing Editor
Erin Glodowski and Emily Patterson
Publication Editors
Wisconsin Real Estate Magazine, USPS 597850, ISSN 1096—9829, 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 537047337
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.
Contact
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
wra@wra.org
www.wra.org
Inside
the wra
with Bill Malkasian
W
Bill Malkasian
WRA President
This year alone, we
have seen more than
3,400 new members
enter the world
of organized real
estate. We are now
approaching 17,000
total members – our
highest membership in
more than 100 years
of service. With such
a great year, there’s
reason to be excited!
hat a great real estate year it has been. While other business markets
are still recuperating, the real estate industry has been in a wonderful
state of growth here in Wisconsin. First, we see interest rates drop to
an all-time low, making it easier than ever for consumers to capture the American
dream of home ownership. Then, monthly housing sales break all-time records as
the industry continues to gain momentum. Next, the National Association of REALTORS® (NAR) announces the “1,000,000 members strong” campaign in April,
letting Washington know REALTORS® have one of the most powerful collective
voices in the country.
In Wisconsin, our numbers run parallel to what is happening nationally. This year
alone, we have seen more than 3,400 new members enter the world of organized real
estate. We are now approaching 17,000 total members – our highest membership in
more than 100 years of service. With such a great year, there’s reason to be excited!
Now, summer comes to a close, and October marks the beginning of color season
around the state. For the WRA, October is the changing of the guard – a new fiscal
year. We say goodbye to a dear friend and colleague, Corky Hellyer, who has served as
Chairman of the Board during the 2003-2004 fiscal year. Corky is a long-time member
of our Board and Executive Committee and will now serve in 2005 as our Past Chairman. We thank him for his years of service, leadership and dedication to the WRA.
Next, we welcome our new Chairman, Kitty Jedwabny, manager-owner of Coldwell
Banker, the Real Estate Group in Appleton. Kitty has participated in numerous REALTOR® committees at the local, state and national level and was named local board
REALTOR® of the Year in 1997. Nationally, Kitty has served on the Risk Management
Committee for NAR and was recognized with the RPAC Designated Service award in
1995, 1996 and 2000.
Under her direction, many great challenges lie ahead. The annual convention, which
kicks off on October 10, signals a new year, and the strategic initiatives mapped out in
May will begin.
Looking ahead to next month, be sure to vote on November 2. I’ve heard many people
say their vote doesn’t count because it’s just one voice in a crowd. Always remember
the election of 2002 and what happened in Florida. It’s a testament that even the most
important elections can be won by narrow margins. It’s your chance to speak up, be
heard and make a difference!
Now, strap in and buckle up for an exciting year. There are many great initiatives in
store for you this year (and we’ll announce them in upcoming issues of the magazine).
In the meantime, we hope to see you at the annual convention in Appleton. Be sure to
join us for some fun and take advantage of opportunities for networking, education
and catching up with old friends.
Bill Malkasian
news.wra.org
3
CHAIRMAN’S
Corner
with Walter “Corky” Hellyer
R
osendale, Wisconsin, is a typical rural
community with loads of charm. I have
gotten to know it well. Imogene at the
Amoco station calls me by name. You see, she
sees my magnetic calendar attached to her cash
register. My routine visits to Rosendale will become more sporadic now that my term as WRA
chairman comes to a close. Will I miss them? Will
I miss the trips to Madison? Not at first, as my
posterior is dragging and road worn. However,
as time goes on …
I will miss the WRA office and the wonderful
group Bill Malkasian has assembled to take care
of the organized REALTOR® side of the equation.
Some members are astonished at the number
of employees at the WRA. Once you have had
the chance to evaluate the work they turn out,
one wonders how they do it. Most REALTOR®
members are too busy to grasp what it takes
to answer more than 8,000 Legal Hotline calls,
formulate the educational opportunities and
conventions, study more than 2,000 pieces of
legislation that come up each year in Madison and
even more in Washington, D.C., and develop all
of the communication pieces sent to our members.
They do such a good job, and I can tell you,
that on my many trips to Washington and NAR
Conventions all I hear is praise for our association
and the job we’re doing. “Mr. Bill” is the most
sought-after association executive in the country for
his sage advice and counsel. It makes a chairman
proud to be part of the WRA. Thanks to each and
every one of you for your help during this past
year.
I’d also like to thank the Executive Committee:
Steve Beers, Kitty Jedwabny, Jeff Kitchen, Kevin
4
McKillip, Roger Rushman and Mike Siegel. Your
valued input and cooperation helped us get
through some “sticky wickets,” and I think our
conclusions served the association well. Your time
and camaraderie are truly appreciated. Thanks in
no smaller measure to the directors to whom the
final vote fell. For your leadership and dedication,
I owe a debt of gratitude. I look forward to
continuing as a director and working with you.
Our organization wouldn’t be worth its salt without
the many who served on committees and especially
those who agreed to chair committees. Thank you
all for sharing your valuable time and knowledge to
further the cause of our association. Thanks also to
the local board presidents and their fellow officers
for bringing their thoughts and concerns to our
attention along with their association executives
– many, many thanks You’re a very important part
of the network and fiber that holds our association
together, and your service is greatly appreciated.
To Kitty, Jeff and Roger, our incoming officers, my
very best wishes in the coming year. The task won’t
get any easier as the business is becoming more and
more complex and there are many major decisions
to be made both legislatively and politically. It
won’t be easy, my friends, but I know you’ll meet
the challenge and handle it with commitment and
courage.
To all of the membership, I extend my most sincere
thanks for the opportunity you have given to me to
serve as your chairman. In my travels, I have had
the pleasure to meet many of you, and each time
I do, it makes me more proud to be a REALTOR®.
Happy trails ahead to each and every one of you.
Introducing...
The 2004-2005 Executive Committee
From Left:
Roger Rushman, Treasurer
Steve Beers, Vice President
First Weber Group, Realtors®, Delafield
CRB, Keefe Real Estate, Lake Geneva
Michael Spranger, Director-Vice President
Jeff Kitchen, Chairman-Elect
ABR, CRS, GRI, Mike Spranger Real Estate, Inc.
Wisconsin Rapids
CRS, GRI, Century 21 Affiliated, Beaver Dam
Kevin McKillip, Vice President
Susan Mathews, Director-Vice President
Bear Realty, Inc., Burlington
SRES, Mardi O’Brien Real Estate, Madison
Kitty Jedwabny, Chairman of the Board
William Malkasian, President
CRB, CRS, Coldwell Banker The Real Estate Group,
Appleton
CAE, Wisconsin REALTORS® Association
5
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Best of the Legal Hotline
BU YER AGENC Y
BY DEBBI CONRAD & TRACY RUCKA
S
ome of the most frequently asked
Legal Hotline questions about
buyer agency involve For Sale
Buy Owner (FSBO) transactions and the
collection of buyer agency fees.
BUYER Agency in FSBO Transactions
Agency Agreement Required
The owners of a property are willing
to sell, but they do not want a oneparty listing because they don’t want
to pay commission. An interested
buyer is willing to pay a commission if
the broker writes an offer. How should
the parties proceed?
The broker must have an agency relationship with either the buyer or the seller
before showing the property, writing an
offer or performing any other real estate
brokerage services. The broker may
enter into a WB-36 buyer agency contract
with the buyer or a listing contract with
the seller to create the necessary agency
relationship.
An agent is telling a couple that in
order to be represented by a buyer’s
agent, they have to sign a buyer
agency contract; they can’t just initial
an agency disclosure form. The agent
says she can only work for the seller
if the buyers won’t sign the buyer
agency contract. Is this correct?
Yes. The buyer agency relationship is
created by entering into a WB-36 Buyer
Agency/Tenant Representation Agreement. An agency disclosure form does
not create buyer agency.
Agency Disclosure
What agency disclosures must a
buyer’s agent give to the seller in a
FSBO transaction?
Licensees acting as buyer’s agents must
notify the seller of the buyer agency relationship per § RL 24.07(8). Notification
must take place upon (1) the first contact
with the seller where information regarding the seller or transaction is being
exchanged, (2) a showing or (3) any other
negotiation with the seller, whichever
one occurs first. The agent’s buyer agency
must be confirmed in writing in the offer
to purchase (line 1). Similar requirements
are found in the Code of Ethics, Standard
of Practice 16-11.
If the buyer’s agent is going to provide
any brokerage services to the seller, as a
subagent, the agent must give the seller
an agency disclosure form advising the
seller that the buyer is the agent’s client
and ask the seller to sign the form to
acknowledge receipt.
Providing Brokerage Services to the
Seller
A buyer’s agent is writing an offer on
a FSBO property. What information
and advice can the broker give the
sellers? Can the broker interpret the
contract for the sellers?
The buyer is the agent’s client. The seller
is the customer and is owed the duties
owed to all parties in a transaction under
Wis. Stat. § 452.133(1). The agent must
disclose material adverse facts, provide
Continued on pg. 8
7
Continued from pg. 7
accurate information about market conditions upon request, and
present all proposals in an objective and unbiased manner. Like
all licensees, regardless of agency status, the agent cannot give
advice or opinions regarding the legal rights and obligations of a
party, the legal effect of a contract or conveyance, or the status of
title to a property, per § RL 16.05. The agent may give a general
explanation of the provisions in approved forms when completing or delivering a form to a party.
If the buyer’s agent were to enter into a listing with the seller, a
multiple representation would be created and the agent would
not be able to place the interests of one client ahead of the interests of the other client in negotiations. The agent would draft
documents to accomplish the respective intent of the parties,
and continue to present all offers and proposals in an unbiased
and objective manner and keep the confidences of the respective
parties. The buyer and the seller would not enjoy the undivided
loyalty provided a client outside of dual agency.
As an alternative, the agent may continue to work with the buyer
while the seller retains an attorney for legal advice and representation in the transaction.
Compensation Issues
Buyer Agency Does Not Equate with Procuring Cause
A buyer looked at a property listed on the MLS with a
co-broke agent, but now wants to hire another agent from
a third firm as a buyer’s agent. Can the agent work as a
buyer’s agent and earn the compensation offered on the
MLS even though the co-broke agent introduced the property to the buyer?
The agent may enter into a buyer agency agreement and work
with the buyer as a client, but whether the agent will receive the
compensation offered on the MLS will depend upon procuring
cause. Buyer agency does not trump procuring cause-the buyer’s
agent will not be procuring cause just because he has a buyer
agency relationship. The buyer’s agent can draft the offer, but the
buyer may end up paying the buyer’s broker’s fee directly to the
buyer if the buyer’s agent is not procuring cause.
Before the buyer enters into the buyer agency agreement, the
agent should explain to the buyer that choosing buyer agency
may increase the cost of the transaction for the buyer. Failure
to explain this to a buyer client is arguably a failure to disclose
material information in violation of Wis. Stat. § 452.133.
Seller Pays Buyer’s Broker Fee
The seller received an offer drafted by a buyer’s agent.
The offer included an addendum asking the seller to pay
the buyer’s brokerage fee and rejecting the MLS offer of
compensation. Can a buyer’s broker’s compensation be
8
addressed in this manner in an offer to purchase?
A buyer’s broker may ethically suggest or recommend that the
buyer ask the seller to pay some or all of the buyer’s broker’s
fee pursuant to Article 16 of the Code of Ethics and NAR Case Interpretation #16-12. The buyer may condition the offer upon the
seller paying the buyer’s broker’s fee on behalf of the buyer, as
a seller’s expense at closing. The buyer’s broker must have been
authorized by the buyer in the WB-36 to accept compensation
from the owner or the owner’s agent to comply with RL24.05(1).
See Legal Updates 99.06 (www.wra.org/LU9906) and 02.01
(www.wra.org/LU0201) for further discussion of this issue.
Seller Response
The buyer is asking the seller to pay the buyer agent’s fee
in a provision of the offer to purchase. Is the seller required
to pay that fee in addition to the listing commission?
Although the buyer may ask the seller to pay all or a portion of
the buyer agency fee, the seller is not required to agree to these
terms and conditions. The seller may counter the offer to remove
this provision. Some sellers, however, may be reluctant to do
this for fear that any adverse response will scare away the buyer,
and sellers may wish to go ahead and pay the additional fee. The
seller also may counter the offer to increase the purchase price by
an amount sufficient to cover the seller’s payment of the buyer’s
broker’s fee. A seller might wish to counter the amount of the
fee. For further discussion of these options, see pages 5-8 of Legal
Update 99.06 (www.wra.org/LU9906).
Additional Compensation
May a buyer’s broker draft an offer to purchase that
requests the seller to pay an additional percentage of the
sales price to the broker’s company at the time of closing
and still receive the compensation paid by the listing broker
via the MLS?
An agent may receive commission from multiple sources. The
WB-36 Buyer Agency/Tenant Representation Agreement may
be negotiated so the buyer will pay the buyer agent a success fee.
This amount may be reduced by amounts the broker receives
from the seller or the listing broker. If the success fee is in excess
of the amount paid by the seller and the listing broker, the buyer
will be obligated to pay the remainder of the success fee.
Buyer’s brokers should be clear when drafting offer to purchase
provisions to specify whether the amounts being paid pursuant
to the offer are in addition to - or in place of - the compensation
offered by the listing broker. The buyer’s broker should advise
the listing broker directly if the buyer’s broker is waiving off the
compensation offered by the listing broker.
Legal Matters
Coming Soon:
DRL Plain-English Agency Brochure
T
BY RICK STAFF
he WRA will soon be publishing a Department
of Regulation and Licensing (DRL) Plain English
Agency Brochure. The WRA and the DRL have
worked closely together to create a document that provides licensees and consumers a clearer explanation of
Wisconsin’s agency law than is provided in the statutory
agency disclosure form.
target of the brochure will likely be customers working with
agents because the brochure (as published by the WRA)
provides a statutory agency disclosure to the customer.
Clients receive the agency disclosure in a listing or in a
buyer agency agreement, but they may also appreciate the
information in the brochure.
The brochure has been developed in response to the concern
of licensees and consumers that the statutory agency disclosure is too legalistic. The brochure is not a mandatory form,
rather, a clearer explanation of agency law for those who
may wish to use it. The version published by the WRA will
begin with the language of the DRL brochure and will also
include the statutory agency disclosure form and additional
consumer information.
A two-part agency disclosure is inserted into the center of
the WRA’s version of the brochure. The disclosure process
is the same when using a brochure or the standard agency
disclosure form. When a licensee provides the brochure to
a customer the licensee asks the customer to acknowledge
receipt of the agency disclosure by initialing the agency disclosure form inserted into the brochure. The consumer can
also insert confidential information, etc. Once the form is
initialed, the agent tears out the original and the consumer
gets the brochure with their copy of the agency disclosure. If
a consumer prefers to not initial the form, the agent can note
the delivery date and that the consumer chose not to initial
the form, take the original copy of the agency disclosure for
the agent’s files and give the consumer the brochure.
Agency Brochure Q&A
What is the purpose of the DRL Plain-English Agency
Brochure?
The DRL brochure is designed to provide licensees and
consumers a clearer explanation of the agency responsibilities of real estate licensees than can be found in the current
agency disclosure form. The WRA version of the brochure
also includes the standard agency disclosure form as an
insert so that a consumer who receives the DRL Plain-English Agency Brochure also receives the agency disclosure
form required by Wisconsin license law (Note: delivery
of the DRL version of the brochure does not substitute for
delivery of an agency disclosure). The WRA brochure also
contains additional consumer information, mostly in the
form of links to information found on the WRA’s Web site
and elsewhere.
Who is the intended audience of the DRL Plain-English
Agency Brochure?
How is the Agency Disclosure provided to customers?
Where can I get a copy of the DRL or WRA version of the
Plain-English Agency Brochure?
The DRL will have a copy of the brochure on their Web site
at: http://drl.wi.gov/index.htm
The WRA’s version will be available October 11, 2004. Cost
for a package of 20 is $16 - plus shipping and tax; volume
discounts are available for quantities of 40 and 100. To
order by credit card, please go to www.wra.org/BRPEAG.
If you are ordering by check, a copy of the WRA’s order
form can be printed from the link above and submitted with
payment.
Both consumers and licensees will benefit from the plain
language explanation provided by the form. The primary
news.wra.org
9
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real estate
LICENSE RENEWAL
BY DEBBI CONRAD
R
eal estate license renewal applications, including
a statement certifying completion of the required
continuing education (CE) coursework, must be filed
with the Department of Regulation and Licensing (DRL) by
December 31, 2004. A renewal application is considered filed
upon receipt by the DRL. Individuals failing to meet the
December 31, 2004 deadline will be unlicensed as of January
1, 2005 and CANNOT PRACTICE REAL ESTATE until they
complete the renewal process and receive their new licenses.
Here are some pointers to keep in mind when renewing your
real estate license.
CE Courses
The CE renewal requirement may be met either by having passed
the “test-out” exam given between July 1, 2003, and June 30, 2004,
or by haven taken 12 hours of DRL-approved CE and passing the
course examinations. The required CE consists of four courses of at
least three hours in length. All renewing licensees must complete
Course 1 regarding contract and forms issues, Course 2 regarding
environmental and disclosure issues, Course 3 regarding new
developments and a Course 4 option. Course 4A addresses the
formation of offers of cooperation and compensation, while Course
4B covers DRL practices guidelines and broker ethics. Course 4B
is designed to satisfy the National Association of REALTORS®
(NAR’s) mandatory quadrennial ethics training requirement for
REALTORS®.
Live, video (Internet exam) and self-study (Internet exam) CE
courses are still available from the WRA. See pages 16-17 of this
issue or go to www.wra.org/Education/courses.asp#results for the
2003-2004 CE course schedule and registration page.
Individuals failing CE course examinations may retake the courses
and examinations for credit. Licensees do not need to submit any
course certificates with their renewal applications. The course
certificates may later be requested by the DRL, however, for their
random license renewal audit. The CE renewal requirement does
not apply to licensees who received an original Wisconsin real
estate salesperson or broker’s license during the 2003-2004 biennium.
NAR Quadrennial Ethics Training
All REALTORS® are required to complete 2.5 hours of ethics
training between January 1, 2000, and December 31, 2004. Mem-
bers who have joined since January 1, 2000 and who completed
the new member Code of Ethics orientation course need not
complete any additional ethics training. All continuing members
who joined the WRA before January 1, 2000 must complete the 2.5
hours of NAR-approved ethics training. Failure to complete the
required periodic ethics training is a membership duty violation
for which REALTOR® membership shall be suspended until such
time as the required training is completed.
Any member who attended a WRA-sponsored 2001-2002 CE
Course 2 or 2003-2004 CE Course 4B has met the NAR quadrennial training requirements. REALTORS® may use the “MyWRA”
function at www.wra.org/myWRA/myWRA.asp to see if they
completed one of these courses. REALTORS® attending continuing education provided by any other sponsor must contact the
sponsor to determine if the course was taught to meet NAR
standards.
REALTORS® who have not yet met the NAR quadrennial ethics
requirements may complete the training online for free, courtesy
of the NAR. The free online quadrennial ethics course is available
on the NAR Web site at www.realtor.org/mempolweb.nsf
(click on Quadrennial REALTOR® Ethics Training – Online
course). For a schedule and registration for the WRA’s 2003-2004
CE Course 4B-DRL Practice Guidelines & Broker Ethics, go to
www.wra.org/Education/courses.asp#CE4B.
Online Renewal
As was the case during the 2002 renewal cycle, licensees will be
able to renew their real estate licenses over the Internet. Internet
renewal is available at http://prd4p.it.state.wi.us/renewal/logon. In order to renew online, licensees will need their credential
number and the PIN number that appear on the renewal application, which REALTORS® will receive in the mail.
Tax Delinquencies and Support Obligations
The DRL uses a licensee’s Social Security number or a company’s
Federal Employer Tax Identification Number (FEIN) to check
with the Department of Revenue (DOR) and determine whether
the renewing licensee has any delinquent state tax payments.
Those with delinquent taxes (not including property taxes) are
given 10 days to pay the amounts due, or enter into a payment
License Renewal Cont. on pg. 19
11
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In the
Spotlight
Mike Spranger, ABR, CRS, GRI
WRA Director - Vice President
Mike began working as a salesperson in 1981, and opened Mike Spranger Real Estate,
Inc. in 1991. He works with his wife Dawn in their 11-person office in Wisconsin
Rapids. In addition to serving on the WRA Executive committee, Mike is a Past President
of the Central Wisconsin Board of REALTORS® and Central Wisconsin MLS and has served
on many state and local committees. He has two adult sons, Chris and Brian.
WREM: How did you get into the
business?
After high school, I completed a vocational program for residential construction, and with economic conditions as
they were in 1979, I decided to pursue
an associate degree in business- real
estate. It seemed like a natural fit. After
graduation in 1981, I began my sales
career.
WREM: What qualities do you think
make a successful REALTOR®?
Ambition, but not aggressive ambition.
In residential real estate, our success is
dependent on developing new
business sources AND cooperation with
our competitors. We must continuously
seek an edge, while respecting others in
the industry. Maintaining good working
relationships with competitors will enhance financial rewards and respect from
outside the industry as well. REALTORS® must be responsive. Successful
agents respond quickly and address
issues at the first possible opportunity.
It’s also important to be community
minded and active in your community.
Giving back helps develop an ownership
and overall good feeling about the area
you serve.
WREM: What tips would you give to a
REALTOR® starting out in the business?
Develop a plan and execute it. You can
only get there if you know where you are
going and have developed work habits
to get there. Watch successful agents and
learn from them. Commit to the business
by building your competence. Minimum
standards are for those that expect
minimum results. Continually seek
to improve yourself. Associate with
positive-thinking people. These people
typically have high aspirations and may
even take you to levels beyond those you
thought possible.
modify our services to provide value.
WREM: Where do you see your own
business in the next several years?
The WRA has become a strong player in
the political arena. As RPAC contributions continue to reach record levels,
it’s obvious that the members recognize
its importance. We must continue
to mobilize our membership on the
issues though. An educated membership will increase our political impact
significantly. Also, in our litigious
society, brokers will continue to need
the legal and educational support of
the WRA. The challenge for us will be
to recognize the varied needs of all our
members and deliver valued services
to them regardless of company size or
affiliation.
Having a college-age son that has expressed interest in the business, the upcoming years will be interesting. We now
have a mix of experienced agents that
have been with us for more than 10 years
as well as some talented rookies. The
next few years will bring some retirements, and replacing the experience will
be a challenge.
WREM: What changes do you see happening in the industry in the coming
year?
Watching consolidations and mergers around the state and across the
country, I think many medium and small
brokers wonder how and when it may
affect them. The consumer’s embrace of
the Internet will keep challenging us to
REAL
ESTATE
MAGAZINE
July 2004
WISCONSIN
WISCONSIN
REAL
ESTATE
MAGAZINE
, O,CTOBER
2004
While access to technology has become
easier and more affordable, there has
been reluctance by many in learning
more than the basics to get by. Those
that choose to learn the technology to
improve their efficiency will continue to
gain market share.
WREM: As a member of the WRA’s
Executive Committee, how do you see
the WRA’s role changing in the coming
years?
13
13 13
Education & Products
Start recruits
on the road
to success
Put your recruits on track
to obtaining their real
estate license for the state
of Wisconsin by having
them complete the WRA’s
8-day Accelerated 72-hour
sales program. Courses
will be held at the WRA in Madison on November 1-4
and 8-11, 2004, as well as January 10-13 and 17-20, 2005.
As soon as recruits complete the course, they may register to take their exam to earn their real estate license.
Brokers, help recruits get started by purchasing a
coupon for $10 that recruits can redeem for $50 off
their registration fee. This course is also available in
self-study formats on video and via the Internet. Visit
www.wra.org/SalesPLcourses for more information.
RRS
Resort and Recreation
Specialist
November 10-11 • Sturgeon Bay
This two-day designation class will teach you
how to:
• Use and develop buyer profiles for each
customer
• Discover customer motivations and sell to them
• Develop systems and techniques to find
prospective buyers
• Utilize the power of the Internet to give better
service
• Develop profitable and effective business relationships with out-of-town buyers and sellers
• Create successful marketing systems for
recreation and resort properties
• Effectively market properties using superior
staging, pricing and target market techniques
Visit www.wra.org/RRSCourses for more
information.
Earn your ABR and stand
as a buyer’s agent
out
Join more than 40,000 members who are succeeding as Accredited Buyer
Representatives (ABR). Get accredited as an ABR and move ahead with
specialized courses. Start your ABR designation by attending a class on
November 4-5, 2004 in Kenosha. This is one of the hottest classes right
now … because Buyer Agency is becoming more and more the way
buyers want to do business. This two-day course covers agency, service
delivery, marketing and promotion, and negotiation and risk management. This course fulfills Course 4 of your 2003-2004 continuing education requirement. Visit www.wra.org/ABRcourses for more information.
14
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
GRI and Appraisal CE
Don’t miss these upcoming dates
Earn the designation that makes a difference and increase
your income. According to the data in the 2003 National
Association of REALTORS® Profile, 19 percent of all
REALTORS® have earned the GRI designation and earn
over $33,200 more annually than non-designees. Mark
your calendar for the WRA’s Designation Week in Green
Bay, February 14-17, 2005, and select either GRI Course 2
or GRI Couse 3. Visit www.wra.org/GRIcourses for more
information.
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.
Sign up now for these Appraisal CE courses:
• December 1, 2004; Appleton – Real Estate Fraud: The
Appraiser’s Responsibilities and Liabilities – 7 hours
• December 2, 2004; Brookfield – Analyzing Operating
Expenses – 7 hours
• December 3, 2004; Madison – Expanding Your Range
of Services – 7 hours
Visit www.wra.org/APCEcourses for more information.
Course _______________________________________________
Location ______________________________________________
Date _________________________________________________
*Confirmation will be sent by e-mail or you may check My WRA 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.
15
For A
SN2E0A05KWRPA CEaleEnKdar,
Continuing Education
Sales & Marketing
Management
Prelicense
Education
at the
.org/
go to www.wra
a
WR Acalend r
Nonmembers pay an additional fee for all courses.
** Fee until day of class – additional fee charged at the door.
# Fee for all four modules.
*** Completion of two 1-day classes required to receive credit
for CRS designation
*
Must be postmarked or received by WRA 14 days prior to
start of class
Calendar
Date
Course
Time
Location
Regular Reg.**
October 18-21, 2004
November 1-4; 8-11, 2004
36-Hour Broker
72-Hour Sales
8:00 am - 5:00 pm
8:00 am - 5:00 pm
Madison
Madison
$255 (plus books)
$325 (plus books)
January 10-13; 17-20, 2005
72 Hour Sales
8:00 am – 5:00 pm
Madison
$325 (plus books)
February 7-10, 2005
36 Hour Broker
8:00 am – 5:00 pm
Milwaukee
$255 (plus books)
Date
Course
Location
***October 10, 2004
***October 11, 2004
October 13-14, 2004
November 4-5, 2004
November 10-11, 2004
November 18-19, 2004
December 9-10, 2004
January 26-27, 2005
CRS 1-day - Marketing w/Microsoft Office
Appleton
CRS 1-day - Mastering the Art of Selling New Homes Appleton
QuickStart Module 1 & 2
Madison
Buyer Agency (ABR)
Kenosha
RRS (Recreational & Resort Course)
Sturgeon Bay
Madison
Madison
Quickstart Module 3 & 4
Madison
Early Reg.*
Regular Reg.**
240 (1)
260
299
240 (1)
240(1)
240(1)
159
159
240(1)
270
309
240(1)
240(1)
240(1)
Date
Course
Time
Location
Registration
Member** Non-Member**
Oct. 4, 2004
Oct. 5, 2004
Oct. 5, 2004
Oct. 5, 2004
Oct. 6, 2004
Oct. 6, 2004
Oct. 6, 2004
Oct. 7, 2004
Oct. 7, 2004
Oct. 7, 2004
Oct. 12, 2004
2003-2004 CE 1 & 2
2003-04 CE 3 & 4B
2003-04 CE1 (video)
2003-04 CE 3 (video)
2003-04 CE 1 & 2
2003-04 CE 4A (video)
2003-2004 CE1 & 2
2003-04 CE 1 & 2
2003-04 CE4A (video)
2003-2004 CE 1 & 2
2003-04 CE2(video)
8:30 am – 4:30 pm
8:30 am – 4:30 pm
1:00 pm - 4:30 pm
12:30 pm – 3:00 pm
9:00 am – 5:00 pm
8:30 am – 12:00 pm
9:00 am - 5:00 pm
8:30 am – 4:30 pm
9:00 am - 12:30 pm
9:00 am - 5:00 pm
9:00 am - 12:30 pm
Spooner
Spooner
Kenosha
Sheboygan
Milwaukee2
Sheboygan
Madison-WRA
Montello
La Crosse
Brookfield
Kenosha
715-634-7550
715-634-7550
262-942-0592
920-457-7908
800-279-1972
920-457-7908
800-279-1972
608-297-7734
608-785-7744
800-279-1972
262-942-0592
Call for information
$24/course $32/course
Oct. 12, 2004
Oct. 13, 2004
Oct. 13, 2004
Oct. 13, 2004
Oct. 14, 2004
Oct. 14, 2004
Oct. 19, 2004
Oct. 19, 2004
Oct. 20, 2004
Oct. 20, 2004
Oct. 21, 2004
Oct. 21, 2004
Oct. 21, 2004
2003-04 CE1 (video)
9:00 am - 12:30 pm
2003-04 CE4C (commercial)9:00 am - 12:30 pm
2003-04 CE 1 & 2 (video) 8:30 am - 4:30 pm
2003-04 CE 1 & 2
9:00 am - 5:00 pm
2003-04 CE 3 & 4A
9:00 am - 5:00 pm
2003-04 CE4B (video)
9:00 am - 12:30 pm
2003-04 CE1 & 2 (video) 8:30 am – 4:30 pm
2003-04 CE 1 & 2
8:30 am – 4:30 pm
2003-04 CE3 & 4A (video) 8:30 am – 4:30 pm
2003-04 CE 3 & 4A
9:00 am - 5:00 pm
2003-04 CE 1 & 2
8:30 am - 4:30 pm
2003-04 CE3 (video)
9:00 am - 12:30 pm
2003-04 CE2 (video)
9:00 am - 12:30 pm
La Crosse
608-785-7744
Madison
608-294-4097
Elkhorn
262-723-6851
Milwaukee1
800-279-1972
Milwaukee2
800-279-1972
Janesville
608-755-4854
Woodruff
715-356-3400
Green Bay
920-739-9108
Woodruff
715-356-3400
Wisconsin Dells 800-279-1972
Mosinee
800-279-1972
Kenosha
262-942-0592
La Crosse
608-785-7744
1 – Four Point Sheraton, 4747 South Howell Avenue
2 – Manchester East, 7065 North Port Washington Road
16
WISCONSIN REAL ESTATE MAGAZINE, OCTOBER 2004
Continuing Education continued
Calendar
Nonmembers pay an additional fee for all courses.
** Fee until day of class – additional fee charged at the door.
# Fee for all four modules.
*** Completion of two 1-day classes required to receive credit
for CRS designation
* Must be postmarked or received by WRA 14 days prior to
start of class
Date
Course
Oct. 21, 2004
Oct. 21, 2004
Oct. 22, 2004
Oct. 25, 2004
Oct. 26, 2004
Oct. 26, 2004
Oct. 26, 2004
Oct. 27, 2004
Oct. 27, 2004
Oct. 27, 2004
Oct. 27, 2004
Oct. 28, 2004
Oct. 28, 2004
Oct. 29, 2004
Nov. 1, 2004
Time
Location
RegistrationMember** Non-Member**
2003-04 CE1 (video)
8:30 am – 12:00 pm
2003-2004 CE 3 & 4A
9:00 am - 5:00 pm
2003-04 CE 3 & 4A
8:30 am - 4:30 pm
2003-04 CE1 & 2
8:30 am – 4:30 pm
2003-04 CE4B (video)
9:00 am - 12:30 pm
2003-04 CE3 (video)
9:00 am - 12:30 pm
2003-04 CE3 & 4B
8:30 am - 4:30 pm
2003-04 CE2 (video)
8:30 am – 12:00 pm
2003-2004 CE3 & 4A
9:00 am - 5:00 pm
2003-04 CE 3 & 4A
9:00 am - 5:00 pm
2003-04 CE 3 & 4A (video) 8:30 am - 4:30 pm
2003-04 CE 1 & 2
8:30 am – 4:30 pm
2003-04 CE1 & 2 (video) 8:30 am – 4:30 pm
2003-04 CE 3 & 4A
8:30 am – 4:30 pm
2003-2004 CE1 (video)
9:00 am – 12:30 pm
Sheboygan
Brookfield
Mosinee
Rice Lake
Kenosha
La Crosse
Rice Lake
Sheboygan
Madison-WRA
Milwaukee1
920-457-7908 Call for information
800-279-1972 $24/course $32/course
800-279-1972 $24/course $32/course
800-279-1972 $24/course $32/course
800-279-1972 $24/course $32/course
262-723-6851 Call for more information
888-722-4922/651-774-5206
888-722-4922/651-774-5206
Nov. 2, 2004
Nov. 2, 2004
Nov. 3, 2004
Nov. 4, 2004
2003-2004 CE2 (video)
2003-04 CE 3 & 4A
2003-04 CE 2 & 1
2003-2004 CE 2 & 1
9:00 am – 12:30 pm
8:30 am – 4:30 pm
9:00 am – 5:00 pm
9:00 am - 5:00 pm
Manitowoc
Green Bay
Milwaukee2
Nov. 4, 2004
Nov. 4, 2004
Nov. 4, 2004
Nov. 5, 2004
2003-04 CE 3 & 4A
2003-04 CE3 & 4A (video)
2003-04 CE1 (video)
8:30 am – 4:30 pm
9:00 am – 12:30 pm
8:30 am – 4:30 pm
9:00 am – 12:30 pm
Nov. 8, 2004
Nov. 8, 2004
Nov. 9, 2004
Nov. 9, 2004
2003-2004 CE3 (video)
2003-04 CE3 (video)
2003-2004 CE4A (video)
2003-04 CE1 (video)
Nov. 9, 2004
2003-04 CE1 & 2 (video)
Nov. 9, 2004
Nov. 10, 2004
Nov. 10, 2004
Nov. 10, 2004
Nov. 11, 2004
Nov. 11, 2004
Nov. 11, 2004
Nov. 12, 2004
Nov. 12, 2004
Nov. 15, 2004
Nov. 16, 2004
Nov. 16, 2004
Nov. 16, 2004
Nov. 16, 2004
Nov. 17, 2004
2003-04 CE 1 & 2
8:30 am – 4:30 pm
2003-04 CE 4A & 3
9:00 am – 5:00 pm
2003-04 CE3 & 4A (video) 8:30 am – 4:30 pm
8:30 am – 12:00 pm
2003-2004 CE4B (video) 9:00 am – 12:30 pm
2003-2004 CE 4A & 3
9:00 am - 5:00 pm
2003-04 CE3 & 4A (video) 8:30 am – 4:00 pm
2003-04 CE2 (video)
9:00 am – 12:30 pm
8:30 am – 12:00 pm
2003-04 CE2 (video)
9:00 am – 12:30 pm
2003-2004 CE1 & 2 (video) 8:30 am - 4:30 pm
2003-2004 CE2 & 1
9:00 am - 5:00 pm
2003-04 CE1 & 2 (video) 8:30 am – 4:30 pm
2003-04 CE 3 & 4A
8:30 am – 4:30 pm
2003-04 CE3 &4A (video) 8:30 am – 4:30 pm
Elkhorn
Hudson
West Bend
Hudson
Manitowoc
Brookfield
920-553-6227
920-739-9108
800-279-1972
800-279-1972
Montello
La Crosse
West Bend
Kenosha
608-297-7734
608-785-7744
262-338-8114
262-942-0592
9:00 am – 12:30 pm
8:30 am – 12:00 pm
9:00 am – 12:30 pm
9:00 am – 12:30 pm
Manitowoc
Sheboygan
Manitowoc
La Crosse
920-553-6227
920-457-7908
920-553-6227
608-785-7744
8:30 am – 4:30 pm
Woodruff
715-356-3400
Appleton
Milwaukee2
Woodruff
Janesville
Manitowoc
Brookfield
Janesville
Kenosha
Sheboygan
La Crosse
Grafton
Madison-WRA
Woodruff
Appleton
Woodruff
920-739-9108
800-279-1972
715-356-3400
608-755-4854
920-553-6227
800-279-1972
608-755-4854
262-942-0592
920-457-7908
608-785-7744
262-375-4730
800-279-1972
715-356-3400
920-739-9108
715-356-3400
1 – Four Point Sheraton, 4747 South Howell Avenue
2 – Manchester East, 7065 North Port Washington Road
17 WISCONSIN REAL ESTATE MAGAZINE, October 2004
17
TABO
Taxpayers
Bill of Rights
DEBATE TO RESUME IN JANUARY 2005
BY JOE MURRAY
After failing to pass the
“Taxpayers Bill of Rights”
(TABOR) through the Wisconsin
State Senate in July, former
Senate Majority Leader Mary
Panzer (R-West Bend) was
crushed by her primary opponent,
State Representative Glenn
Grothmann (R-West Bend) by a
whopping 4-1 margin in the
September primary.
In another primary fight, veteran state Representative Michael
Lehman (R-Hartford) was narrowly defeated by little-known
challenger Dan Pridemore. Both Republicans held similar
positions on most issues except for TABOR, which Lehman
opposed and Pridemore supported.
While other issues were involved in the defeat of both Panzer
and Lehman (especially the abortion issue in the Panzer race),
it’s clear that when the newly elected legislature returns
to Madison next January, the first order of business on the
agenda will be passage of TABOR. It’s not clear which version
of the bill will be voted on, but it’s a virtual certainty that TABOR will be the first significant issue debated in both houses of
the legislature.
Will it Pass?
What isn’t clear is if TABOR (a constitutional amendment to
limit state and local spending) will pass both houses of the
legislature.
Conventional political wisdom among Republican insiders
and TABOR proponents says it will. After Panzer and Lehman
were defeated in their primaries, State Representative Frank
Lasee (R-Bellevue), a leading TABOR proponent said, “it’s
never been so certain that TABOR is on its way. Opponents,
beware.” State Senator-elect Glenn Grothmann (R-West Bend)
also believes TABOR’s time has come, saying, “The people are
not afraid of the Taxpayers Bill of Rights.”
18
The outcome in the Panzer and Lehman primaries will no
doubt provide momentum for TABOR. But it may require the
defeat of other incumbent legislators who oppose TABOR to
get it through the State Senate.
Former Majority Leader Mary Panzer and current Majority
Leader Scott Fitzgerald (R-Juneau) said earlier this year that
the Senate didn’t have the votes to pass TABOR. Panzer’s
desperate and politically fatal attempt to pass TABOR in a July
extraordinary session proved the votes were not there to pass
the constitutional amendment in the upper house.
With all Senate Democrats opposed to TABOR, it was up to
Senate Republicans to reach a majority to pass the measure,
and there just wasn’t enough support in the GOP caucus to
pass it on first consideration.
If all Senate Democrats continue to oppose TABOR, Senate
Republicans must find at least three more votes to secure its
passage. This means Republicans must pick-up State Senate
seats with pro-TABOR candidates this fall, and convince one
or two current members of their caucus, who oppose it, to
support the amendment.
Anti-TABOR Coalitions Organizing
As the pro-TABOR forces pick and choose their fights in
selected legislative races this fall, watch for the anti-TABOR
coalition to gear up for a possible multi-year fight to convince
voters the constitutional amendment to control taxes and
spending is a bad idea.
The anti-TABOR coalition will be spearheaded by WEAC,
the state’s largest teachers’ union; AFSME, comprised of state
and local public employees; the AFL-CIO; the UW-System;
organizations representing municipal government; and others
who depend on public funding to provide state and local
services. It will also include most editorial page editors of the
major daily newspapers.
The coalition will warn taxpayers that passing a constitutional
amendment to limit taxes and spending will increase class
sizes for K-12 students, require local governments to scale
Public Policy Forum
back on police and fire protection, make it difficult or impossible for government to respond to emergencies that harm
or threaten their communities, and stop local government
economic development projects. Why, they will argue, is the
state eliminating “local control?”
If the Republican-controlled legislature finds the votes to pass
TABOR and send it to voters in Wisconsin for ratification in
a statewide referendum, the anti-TABOR coalition will spend
millions to defeat it. They will not only raise and spend significant amounts from in-state sources, it’s very likely their national organizations will contribute to the cause and attempt
to convince voters to reject the constitutional amendment.
Polling shows widespread support for TABOR (and the
property tax “freeze”), with some hesitation depending on the
issue. But polls only represent a snapshot of public opinion
on a given issue at a given time, and voters can change their
minds on popular issues if the arguments against it are
framed correctly.
Remember the proposed constitutional amendment to eliminate the uniformity clause in the State Constitution to reduce
property taxes? In 1992 (and once before in 1989), proponents
of this amendment were certain it would pass. After all, how
could anyone in their right mind believe voters would reject
property tax relief for homeowners?
Opponents of the measure (WRA included) polled and found
the weak spots in the arguments for the change, and ran a
sophisticated and well-financed campaign against the amendment. Those who favored the change were shocked when
voters rejected the proposed amendment by a 70-percent-to30-percent margin.
Obviously property taxes in Wisconsin remain a hot political
issue. Just ask former Milwaukee County Executive Tom
Ament and seven former Milwaukee County Supervisors who
were recalled from office after passing a pension sweetener
that required property taxpayers to pick up the tab. Don’t
forget “Mr. Freeze,” Representative Mark Honadel, the first
Republican elected to a South Milwaukee Assembly district in
75 years in 2003 who ran on supporting the property tax issue.
And Mary Panzer’s political collapse was due in large part to
her handling of TABOR.
Passage of a Taxpayers Bill of Rights may not be the slamdunk its proponents believe it is. Voters can, and do, change
their minds when presented with credible evidence on both
sides of an issue. But the problem with chronically high property taxes in Wisconsin requires voters to decide, one way or
the other, if they really want state and local governments to
reduce spending. Tom Ament, Al Foeckler, Mary Panzer and
Michael Lehman would probably tell you voters are ready for
TABOR.
Either way, the public debate over TABOR will be a debate
over, as conservative talk radio host Charlie Sykes puts it, “the
most fundamentally transformational piece of conservative
fiscal public policy to appear in Madison in decades, if not
generations.”
The debate has already begun.
License Renewal Cont. from pg. 11
agreement with the DRL. If this is not
done, the DRL will deny the license
renewal and the applicant will have
30 days to file a written request for
a hearing. A licensee will be given
considerable time to exercise due process rights. However, a licensee may
continue to practice during this time
only if the licensee has filed a timely
and complete application for renewal.
Those with questions about their state
tax status may contact their local DOR
office or call (608) 266-8619.
Social Security numbers and FEIN
numbers will also be used to determine
whether licensees have failed to pay
family support or failed to comply
with a warrant or subpoena related to
paternity or support proceedings. Upon
receiving a certification from the Department of Workforce Development
(DWD) that the licensee is delinquent
in making court-ordered support
payments or has failed to comply
with a related subpoena or warrant, a
renewal license may be restricted or
denied.
Broker Responsibility
Wis. Admin. Code § RL 17.07
places responsibility upon the broker/
employer to confirm that each sales
agent in the company has renewed
his or her real estate license. If an
individual’s renewal application has
WWISCONSIN
EAL
STATE
AGAZINE
, ,October
ISCONSINRR
EALEE
STATEMM
AGAZINE
October2004
2004
not been filed timely with the DRL, a
broker/employer may not permit the
individual to practice real estate after
December 31 until that individual’s
license is renewed.
Late Renewals
Licensees who do not fulfill their CE
requirements by December 31, 2004,
may complete the CE courses after that
date and file a late renewal application. Applications filed after December
31 must include the license application
form (including the statement certifying completion of the CE requirement), the appropriate renewal fee and
the $25 late fee.
19
19
Public Policy Forum
Public Hearings Set for
Revised Pier Rules
BY TOM LARSON
Public Hearings
The DNR will be holding six public hearings around the state to get
feedback from waterfront property
owners on the proposed pier rules.
The hearings will be held in the following locations:
Eau Claire
November 1, 2004
OL 1132, Old Library, UW-Eau Claire,
105 Garfield Ave., 6:00 p.m.
(Video conference)
Green Bay
November 1, 2004
MAC137, Instructional Services Bldg.,
UW-Green Bay, 2420 Nicolet Dr.,
6:00 p.m. (Video conference)
Tomahawk
November 3, 2004
Comfort Inn and Conference Center,
1738 Comfort Dr., 6:00 p.m.
Hayward
November 4, 2004
County Board Room, Sawyer Co.
Courthouse, 10610 Main Street,
6:00 p.m.
Waukesha
November 9, 2004
Room 151, State Office Building, 141
NW Barstow Street, 6:00 p.m.
Madison
November 10, 2004
Room 027, GEF #2,
101 South Webster Street, 12:00 p.m.
20
T
he Wisconsin Department of
Natural Resources (DNR) has
just completed a revised draft
of administrative rules relating to the
construction and placement of piers
(Wis. Admin. Code Ch. NR 326). The
rules were revised after the Wisconsin
Legislature’s Joint Committee for Reviewing Administrative Rules (JCRAR)
suspended emergency rules that would
have made thousands of piers illegal
throughout the state.
Unlike the emergency rules, the revised
rules are the work product of an advisory
group consisting of waterfront property
owners and representatives from the real
estate industry, marine contractors, marinas, campgrounds and the environmental
community. The advisory group met on
a weekly basis for approximately two
months to come up with a rule package
that protects both the waterfront property
owner’s right to place a pier and critical
aquatic habitats from being destroyed.
(Note – Two different permanent rule
proposals will be presented at the public
hearings – one drafted by the advisory
group and the other drafted by the DNR,
which is almost identical to the emergency
rules suspended by JCRAR in July.)
Rule Highlights
Although an actual draft of the revised
rules was not available at the time of
publication, the advisory group has agreed
to the following principles:
• Most existing piers will be exempt from
the permitting requirements.
• Permits will not expire at the time of
sale.
• Most structures attached to piers will
be allowed (benches, chairs, tables,
ladders, flag poles, flower pots, etc.).
• New piers located in “areas of special
natural resource interest” or in areas
with “public rights features” after April
19, 2004 will be required to obtain a
general permit. Existing piers in these
areas may qualify for an exemption.
• The DNR will seek compliance with
rule standards through various measures including design alternatives,
relocation and down-sizing of piers
where possible. Abatement of piers will
be a last resort.
• New and existing piers will be exempt
from permitting requirement if they
meet the following standards:
Ø Up to 6-feet wide, may include an
“L” or “T” shape; 120-square- foot
deck at the lakeward end of the
pier, one deck per property.
Ø Up to two boat slips for less than 50
feet of frontage, three boat slips for
first full 50 feet of frontage, and one
boat slip for every full 50 feet of frontage thereafter.
Ø May not extend into the water more than 3 feet or to a
point where there is adequate depth for mooring a boat
or using a boat hoist.
Ø New and existing piers that do not qualify for an exemp
tion may obtain a general permit if they meet the follow
ing requirements:
n
The pier was placed before January 1, 2004, and in
place five of the last six years.
n
Up to 8 feet wide, may include “L” of “T” shape.
n
Deck may not exceed 200 square feet
• All piers that do not qualify for exemption or general permit
may seek an individual permit.
The DNR will hold an open house from 4:00 p.m. to 6:00 p.m. prior to
the hearings in Green Bay, Eau Claire, Merrill, Hayward and Waukesha
and from 10:00 a.m. to noon in Madison. DNR staff will be available to
answer questions regarding the proposed rules.
A copy of the proposed rule may be reviewed and comments electroni-
cally submitted at: http://adminrules.wisconsin.gov. (In the “search for”
box, type in “NR 326” and then click on “search.”) Written comments
on the proposed rule also may be submitted via U.S. mail to Ms. Liesa
Lehmann, Bureau of Fisheries Management and Habitat Protection,
P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
December 1, 2004. Written comments whether submitted electronically
or by U.S. mail will have the same weight and effect as oral statements
presented at the public hearings.
Remaining Issues
One rule provision that will likely generate discussion at the public
hearings is the regulation of pre-existing piers that do not meet the
dimensional requirements necessary to be exempt. Under the proposed
rules, these piers may qualify for a general permit if they were in place
before January 1, 1998, and were placed at least five of the last six years
thereafter. Piers that were not in place during this time may still qualify
for an individual permit, but will then be subject to public notice and
closer scrutiny by the DNR. Because these piers are currently not subject
to permitting requirements, and permits are never guaranteed, this provision will likely be of concern to affected property owners.
For more information, please contact Tom Larson (tlarson@wra.org) at
(608) 240-8254.
21
Your turn.
Speak. Be heard. Make an impact.
F
our years ago, after the delay and
confusion surrounding the closest
presidential election in history,
it became cliché to say “every vote
counts” and “you can make a difference.” But you know what? It’s true.
And if the 2000 presidential election
didn’t make the point strong enough,
MICHAEL THEO
we need look no further than the past
two state legislative elections right here in Wisconsin to
see why each of us should vote in November.
As re-counters and courts were settling the 2000 presidential
election, the following took place in the State Assembly races
here in Wisconsin:
• In Burnett and Polk counties, Republican challenger Pettis
beat incumbent Democrat Duelholm by 452 votes out of
28,160 total votes.
• In the Wood County-Marshfield area, Republican Lippert
beat Democrat Vruwink in an open seat contest by 98 votes
out of 24,038 votes cast.
• In the Green Bay area, Republican Krawczyk beat Democrat Peggs in an open seat contest by 180 votes out of
21,976 total votes.
• Also in Green Bay, Incumbent Democrat Ryba beat
Republican challenger Weycker by just 56 votes out of
23,228 votes cast.
rk
ma
r
you
cal
end
22
And the pattern continued in the last legislative election in
2002. Look at the following State Senate outcomes:
• In the Western Wisconsin-Eau Claire area, Republican
challenger Ron Brown beat incumbent Democratic Senator
Rod Moen by 539 votes out of 54,217 total votes.
• In the Sheboygan-Manitowoc area, Republican challenger
Joe Leibham defeated incumbent Democratic Senator Jim
Baumgart by just 23 votes out of a total 55,413 votes.
• In Racine County, Republican challenger Cathy Stepp beat
incumbent Democratic Senator Kim Plache by 773 votes
out of 49,961 total votes.
These 2002 races gave the Republicans the majority in the
State Senate. If a just 1,335 voters out of nearly 160,000 would
have switched parties or not shown up at the polls that day in
November, the Democrats would have remained in control of
the Senate and given legislative history, the WRA’s legislative
agenda would have continued to be thwarted in that house.
This means bills like license reciprocity, e-commerce transactions, Trans 233 changes, limits on municipal fees, condo
law revisions, expedited permit processing, comprehensive
planning revisions and TIF reforms would have likely never
passed last session.
Just a handful of votes determined who won the presidency
and who controlled the legislature. It’s likely an even smaller
handful of votes determined your mayoral, county board, city
council and school board elections too.
The point is that voting should not be taken lightly or casually. Voting is not only important because it is the foundation
of our democracy, it’s important because it directly impacts
your state, your community, your business and your family.
Most likely nothing else you do November 2 will be more
important.
It’s now your turn to make a difference. Vote.
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Call 800-366-1177 or learn more online at helpusell.com
Each Help-U-Sell office is independently owned & operated. This is not an offer. Offers are made only upon delivery of the current Offering Circular. Earnings or
profits similar to any statement or inference contained herein are not assured. The success of a franchise is largely dependent on your own efforts.
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Preserving, Protecting, Promoting
...at Home
W
hen it comes to
defining quality
of life, very few
people would fail to place
home front and center. Its
where families are born
and raised and where
lifelong warm memories
reside. But along with the
emotional associations that
people attach to home, there
are a number of practical
considerations that have
dramatic impacts on the
ability of home to take its
place at the heart of quality
of life.
It is here, where hard
realities meet warm
memories that the Wisconsin
REALTORS® Association
has an important role to play
in enhancing the quality
of life for the people of
Wisconsin.
When it comes to home,
Wisconsin residents (almost
eight out of ten of whom
are homeowners) tell us
24
they want to preserve 1) the
affordability of housing;
2) the quality of local
services; and 3) the overall
ambience of the places
they call home. To do so,
they say that we need to
defend against rising costs
by keeping taxes down and
seeking alternative means of
funding public education,
resisting public policy
initiatives that directly or
indirectly increase the cost
of housing, and supporting
economic development.
They want to see initiatives
that will promote greater
affordability of housing
by supporting a strong
supply of stock and
removing existing barriers
to homeownership while
opposing new barriers.
Here is how these goals
of preserving, protecting
and promoting the most
important home-related
qualities of life work
together.
��
��
The Cost of Housing
The Peoples Agenda for protecting, preserving and promoting
quality of life at home starts with affordability. People need
homes they can afford in safe neighborhoods with good schools
and high-quality services. These constitute the fundamental
necessities. And while strong majorities (78% between August,
2002 and October, 2003) of people owning their own homes
report that they are satisfied with the affordability associated
with that home, satisfaction dropped significantly in February,
2004 to 63 percent. At the same time just one respondent in
three reports being satisfied with the amount they pay in
property taxes, and when taxes are figured into the cost of
owning their homes, just 41 percent are satisfied with the
overall affordability.
On this topic, almost two-thirds of state residents say that
making sure housing is affordable is very important to their
quality of life.
Hold the line on taxes
Moreover, affordability of a home is defined not just by the cost
of buying it, but by the taxes and cost of living issues associated
with living in a community. And, respondents recognize that
most actions taken by their elected representatives can have
How satisfied are you with the cost of
owning a home?
Aug. 02 to Oct. 03
Feb. 04
serious implications for them. Two out of three state residents
(67%) report that holding the line on taxes is very important
to their quality of life and 74 percent say that it should be an
urgent or high priority for elected officials. More than half
of state residents (55%) say that finding alternative funding
options for education is very important to their quality of life
and 68 percent think it should be an urgent or high priority
for their elected officials. Further, 81 percent say that more
affordable housing would enhance their quality of life.
Defend against proposals that increase the cost of housing
Not only do people recognize that taxes affect their quality of
life, but public policy and legislation do too. Fifty-eight percent
of respondents say that avoiding policies and legislation that
increase the cost of owning a home is a very important issue
affecting them, and 58 percent say it should be an urgent or
high priority for their elected officials.
Expanding the tax base and supporting economic
development
While it is important to prevent adverse effects of policies and
legislation on the cost of housing, the people of Wisconsin
understand the importance of promoting initiatives that will
expand the tax base.
How satisfied are you
with the cost of owning
a home, including the
amount you pay for
property taxes?
Feb. 04
Nine out of ten survey
respondents agree that
we need to attract new
jobs, especially hightech jobs to strengthen
the economy. Strong
majorities believe that
job opportunities and
job security affect
their quality of life
at home (76% and
74% respectively).
More than half of
respondents (55%)
say that supporting
programs that
encourage economic
development are very
important to their
quality of life and three
out of four people say it
should be an urgent or
high priority for their
elected officials.
25
Survey
��
Government and the Quality of Local Services
Although homeowners place a high level of importance on
costs, they expect and appreciate high quality local services and
would almost surely oppose measures that would diminish
those services. The people of Wisconsin express strong
satisfaction with and support for important local services. More
than 80 percent of respondents are satisfied with the local police
and fire protection afforded them. The vast majority feel safe
in their neighborhoods. Furthermore, nine out of ten survey
respondents (92%) report that local services contribute to their
quality of life and 65 percent say that high-quality local services
are very important to their quality of life.
Seek alternative sources of funding for public schools
Education too, is a basic necessity. Although our respondents
bristle over property tax bills, they say that public schools
are a good value. Between fall of 2002 and summer of 2004,
satisfaction with the amount paid for public education and the
services those taxes buy has risen from 53 percent to 67 percent.
Moreover, three fourths of state residents report that the public
school system contributes to their overall quality of live.
At the same time, fewer than one person in four supports
using property taxes as the primary funding source for public
education. Forty percent say that we should use a mix of
property taxes and alternative funding sources.
The Ambience
Finally, there is a category of factors affecting quality of life
at home that are intangible. We have labeled these features
ambience. These include the appearance of neighborhoods
and communities, access to parks and shopping, entertainment
and the arts, and the sense of community among neighbors.
Although difficult to quantify, these characteristics, important
and defining, promote the enjoyment and rewards of life in
any community. Nine out of ten respondents are satisfied
with the upkeep, maintenance and general appearance of their
communities. More than two-thirds (71%) are satisfied that they
have convenient access to parks and open spaces.
Increase housing stock and remove barriers to
homeownership
Although people acknowledge that government has a role
to play in making their lives safe, healthy and comfortable,
they say that government can do more to improve their
access to quality, affordable housing. There are two ways
that communities and their elected leaders can do this. First,
they can increase the supply of housing to keep the market
competitive. Second, the nature and diversity of housing
options is necessary to meet the needs of a desirably diverse
workforce.
As noted earlier, people believe taxes contribute to the cost
of housing and must be a major consideration in considering
proposals to remove barriers to homeownership.
26
Taken together, at home the Peoples Agenda calls for tax
relief, but it also places a high priority on quality local services
and efficient and effective government. Bringing together
the resources and the public/private partnerships that will
strengthen the overall quality of life at home is an important job
that will have to be undertaken while balancing the need for
high-quality services, ensuring an abundant supply of housing
options, holding the line on taxes and keeping communities
rewarding and comfortable places in which to live and work.
REFERRALS
98
W % SU
/R
EF CC
ER ES
RA S
LS
S
AR E
YE ENC
0
2 ERI
P
EX
Northern Wisconsin
Wisconsin Referrals
Referrals
Northern
Serving Vilas
and Oneida
Counties
mark
HILGENBERG
crs • gri
920•469•4696
Pete Rondello and Becky Sanderson
hilgenberg.greenbaymoves.com
mhilgenberg@realtyexecutives.com
1-800-472-3410
GREEN BAY
www.WeSellTheNorthwoods.com
Coldwell Banker Mulleady, Inc. | Minocqua, Wisconsin
��
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Call “Corky” Hellyer
CRB, CRS
(866) 898-6444
P.O. Box 17– 1009 Bayshore Drive, Sister Bay, WI 54234
corky@propertydoor.com
Visit my web site: www.corkyhellyer.com
6 Offices Serving
Northwestern Wisconsin
��
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Door County Referrals?
Boulder Junction • Mercer • Minocqua
Manitowish Waters • Area Referrals
Jim Tait III
Boulder Jct.
877-385-2077
��
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CLASSIFIEDS
Jim Tait Sr.
Minocqua
800-677-8248
www.jimtaitrealestate.com
ist
nd Specialist
Lan
V
Vaacant La
This is what I do –Work with the Pro
Northern Wisconsin Listing and Selling
Miller Land & Livestock
www.masterjohn.com
David and Reneé Masterjohn
(800) 312-8847
(715) 635-8002
realty@masterjohn.com
Auctioneers
Appraisers
Appraisal
Services
Serving Vilas, Oneida & Surrounding Counties
Specializing in Log & Manufactured Homes
Single Family • Farm & Ranch • Commercial
Recreational • Raw Land
Competitive Rates • Quick Turnaround
Full Service On-line Appraisal Ordering
Automatic Report Status Updates
Primary & Secondary Mortgages
Estate Planning • Divorce Settlement
W3410 Dore Rd.
Lyndon Station, WI 53944
Phone: (608) 524-0365
e-mail: auction@execpc.com
Pat Van Hefty
www.vanhefty.com
Minocqua: 866-356-0043
Miller Land
& LiveStock Co.
Slow Moving Properties?
Sellers Anxious?
Use the auction method
to sell property!
For rates and additional
information contact Ray Miller.
www.raymiller.ws
W3410 Dore Rd., Suite A
Lyndon Station, WI 53844
(608) 588-3200 or (608) 524-0365
auction@jvlnet.com
www.raymiller.ws
auction company 265-053 Auctioneer 2070-052
Appraiser 1520-004
Public Policy
WisDOT Appeals Trans. 233 Decision
O
n September 3, the Wisconsin Department of Transportation (WisDOT) formally
appealed a Circuit Court’s decision
relating to WisDOT’s land
BY TOM LARSON
division rules (Trans. 233). Earlier this
year, the Dane County Circuit Court declared that WisDOT
did not have the statutory authority to enact various provisions in Trans. 233 that expanded its review authority from
150 subdivisions per year to approximately 1,500 land divisions and sales along state highways. The circuit court also
determined that sections of the rule relating to setbacks and
special exceptions resulted a “taking” of private property in
violation of the state and federal constitutions.
Health Costs
Making You
MAD?
There are a lot of positives to working for yourself, but a big
negative is having to pay more for health insurance coverage
because you’re not in a large corporation.
Today that can change!
Join together with others who need health insurance and enjoy
affordable rates! To find out if you are eligible for the health
insurance endorsed by The National Association for the SelfEmployed, visit my Web site at www.naseweb.com PIN# 1562
Call 800-841-9747 for more information!
David Jensen - Agent
Life and Health
Insurance Company
The circuit court’s decision was preceded by the Wisconsin
Legislature’s Joint Committee for Reviewing Administrative
Rules (JCRAR) two-year suspension of major portions
of Trans. 233 last January, after concluding that the rule
exceeded WisDOT’s statutory authority. Even if the Court
of Appeals reverses the lower court’s decision, JCRAR’s
suspension of major sections of Trans. 233 will continue to be
in effect until May 2005, unless the legislature decides to reinstate those portions of the rule.
The WRA and the 11 other trade associations that filed
the lawsuit will continue to fight for the rights of property
owners throughout the appeals process. For more
information, please contact Tom Larson (tlarson@wra.org) at
(608) 240-8254.
Committee To Study
Septage Disposal Issues
BY TOM LARSON
A
Legislative Council Committee has been formed to
study the issue of disposal of septage from private
septic systems and holding tanks. The committee
is chaired by Rep. John Ainsworth (R-Shawano) and was
formed in response to concerns relating to the lack of clear
standards regarding the disposal of septage, the need for
more effective enforcement authority, and the associated
costs and uncertainty related to septage treatment facilities. The study committee will be holding several meetings
over the next few months and will likely develop a list of
recommendations that will be included in legislation to
be introduced next session. Some of the biggest threats
to property owners include increased fees, reporting and
maintenance requirements, and stronger enforcement authority. The WRA will continue to monitor the committee
meetings. If you have any questions or concerns relating
to the committee or the committee’s charge, please contact
Tom Larson (tlarson@wra.org) at (608) 240-8254.
Association Group Insurance Plans are underwritten by The MEGA Life and Health Insurance Company.
Home Office: Oklahoma City, OK. Association membership required, benefits vary by state and
membership level.M/NATL0248 Exp. 04/05
28
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Speak up, be heard and make an impact!

Transcription

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Nov. 2015 | VOL. CII : NO. 3