REALTOR® Toledo - Toledo Regional Association of REALTORS
Transcription
REALTOR® Toledo - Toledo Regional Association of REALTORS
o d e l To REALTOR® Volume 52, Issue 1 Winter, 2014 John Mangas President Penny Kice President Elect Mike A. Crouse Treasurer The Trusted Voice of Real Estate Brad Crown Past President Megan Meyer-Foos Chief Executive Officer Jack Amlin, ABR Joann Amos David Browning, GRI Carol Dimas, ABR Phil Henderson, ABR, GRI Esther Johnson Mark Kruse, ABR, CRS, GRI Daniel McQuillen Mary Ann Mills Michael Poulos, Jr., SIOR Scott J. Seipel, CRB NORIS Representative Melissa Utterback, ABR Jody Zink, e-PRO Toledo REALTOR® Magazine Managing Editor Christi Marino Executive Editor Megan Meyer-Foos Officers: President . . . . . . . . . . . . . . . . . . . . . . . . . John Mangas President Elect . . . . . . . . . . . . . . . . . . . . . . Penny Kice Treasurer . . . . . . . . . . . . . . . . . . . . . . . Mike A. Crouse Past President . . . . . . . . . . . . . . . . . Bradley A. Crown Chief Executive Officer . . . . . . . . . Megan Meyer-Foos NORIS Representative . . . . . . . . . . Scott Seipel, CRB Directors: Jack Amlin, ABR, CAI, AARE Auctioneer Joann Amos David Browning, GRI Carol Dimas, ABR Phil Henderson, ABR, GRI Esther Johnson Mark Kruse, ABR, CRS, GRI Daniel McQuillen Mary Ann Mills Michael Poulos, SIOR Melissa Utterback, ABR Jody Zink, ePro Toledo REALTOR® Magazine is published four times a year: January, April, July and October (some years five times a year with the addition of the Special Election issue) by the Toledo Board of REALTORS®, 590 Longbow, Suite A, Maumee, OH 43537. Toledo REALTOR® Magazine 590 Longbow, Suite A Maumee, Ohio 43537 Phone: 419-535-3222 Fax: 419-535-7990 www.toledorealtors.com INSIDE THIS ISSUE: President’s Letter 3 Coaching Corner: How Relevant are you? 4 New Members 4 New Qualified Mortgage Rule 5 Ohio Officials Moving Forward with New Septic Rules 5 TBR 2013 Annual Business Meeting Highlights 6-7 City of Toledo DPU Voluntary Monthly Budget Plan 8 Continuing Education 9 Image is Everything 10-11 Chris Hall Takes the Helm of OAR 12-13 Homes are Getting Smarter, More Connected 14 2 Steps to Success 15 NORIS: ShowingTime Questions & Answers 16 NORIS: dotloop—peoplework not paperwork 17 NORIS: GoMLS 18 NORIS: Fusion MLS—2014 Classes 19 Problem Solving Formulas 20 Warnings about Smartphone Damage in Cold 21 Calendar of Events 21 Women’s Council of REALTORS® 22 3 Ways to Show Former Clients Your Appreciation 23 Agent, Appraiser: How Much Can We Talk? 23 Volunteers Needed—HBA House & Home Show 24 Legally Speaking: Is the Listing Released or Off Market? 25 The Toledo Board of REALTORS® neither approves or disapproves of the products or services of its advertisers. Page 2 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com What can I tell you that you haven’t already heard? I just read through the 2013 Profile of Home Buyers and Sellers that NAR released on January 15th. My initial reaction was that I’ve heard it all before, but then as I dug a bit deeper I found a few stats, trends and concepts that were really fascinating. I’m taking this opportunity to share a few of those, along with how they might play out in our local markets. So let’s get going… HOUSEHOLDS: Gross Household Income in 2010 was $72,200 and $83,300 in 2013. While the economic recovery has been slower than any of us would like, this is a clear indication that a grass roots recovery is underway. More married couples are buying homes; in 2010, 58% of buyers were married and in 2013, 66% of buyers were married. Interestingly, in 2010, 20% of buyers were single females and in 2013, 16% of buyers were single females. This is a significant trending reversal that is worth paying attention to. The number of households with adult children residing with their parents dropped by 1% from 2012 to 2013. This is the first drop in that dynamic in years. FIRST TIME BUYERS: In 2009, 47% of all buyers were first time buyers and in 2013, it was 38%. Median age: 31; Median household income: $67,400; Median sq. ft. of home purchased: 1,670; 91% used a Realtor. REPEAT BUYERS: Median age: 52; Median household income: $96,000; Median sq. ft. of home purchased: 2,060; 86% used a Realtor. THE SEARCH PROCESS: 89% of buyers frequently (76%) or occasionally (13%) looked online for homes. Photos were the most valuable thing to buyers looking online. Detailed information about the property was the second most valuable item to buyers searching online. 50% searched on a mobile device. INVENTORY: The average buyer looked at 10 homes before buying. The average buyer looked for 12 weeks before making an offer. This includes two weeks of looking prior to selecting an agent. The seller received 97% of their asking price, up from 95% the prior year. The median time on the market decreased from 11 weeks to 5 weeks. 88% of sellers were assisted by an agent, up from 79% in 2001. The Northwest Ohio market may differ somewhat with these statistics, but the basic trending remains useful. We are fortunate that buyers and sellers continue to see value in what we as REALTORS® bring to the buying and selling experience. In fact, there is a case to be made that our role in a transaction has become more valued by consumers. The Large amount of data available to consumers, the complexity of many transactions, and compliance standards are just a few reasons for this. The Toledo Board of REALTORS® leadership and staff continue to look for ways to enhance the REALTOR® image through public relations, agent training and political advocacy. Building on the REALTOR® brand benefits us all and provides us more opportunities to assist consumers in very tangible ways. John Mangas 2014 President Toledo Board of REALTORS® Page 3 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Coaching Corner: How relevant are you? Earlier this week I participated in our local board’s strategic planning meeting and it has really prompted some interesting thoughts. The facilitator posed some very provoking questions about our relevance, so I am posting that wise words | same question to you in terms of your own business—are the services you provide relevant to what your clients need and want from you as a REALTOR®? This is a great new year question and an opportunity to examine your business from the inside out to determine what is working and what isn’t. We all get into ruts with “how things have always been done.” Does this service our clients, our business? No! We need to be constantly re-evaluating what we do and how we do it. What do our clients expect from us and are we providing that to them? If our future business was based upon the ratings of our current and past clients, how plentiful would that new client base be? Take some time for a bit of business/self-examination and explore for yourself how you might reinvent yourself within your business. Put yourself in the mindset of a consumer and see how things might need to shift or even stop happening. Be hones, be brutal and be fearless—this is so important to you, your clients and our industry. - Marilou Butcher Roth Ohio Association of REALTORS® “Don’t judge each day by the harvest you reap but by the seeds that you plant.” - Robert Louis Stevenson New Members The Bylaws of the Toledo Board of REALTORS® require that the names of all applicants for active REALTOR® membership be published in the newsletter. If any member objects to any applicants being elected to membership, he or she should state it in writing to the Board. Such objections, however, must be based upon lack of qualifications set forth by the Bylaws. NEW MEMBERS Apple Creek Realty Turley, Patricia City Trends Realty Loch, Daniel Coldwell Banker Haynes Nalls, Alisha The Danberry Co. Hutt, Chelsea Perkins, Nicholas Shoemaker, Sarah Stowell, Christine Weisenburger, Tina DiSalle Real Estate Arps, Amy Jo Kiefer, Darlene Woo, Brenda Gerdenich Realty Co. Ostrowski, Christopher Page 4 Industrial Developers Ltd. Stambaugh, Craig RE/MAX Central Group, Inc. Gedert, David Key Realty Carroll, Amy Dale, Danielle Harrington, Michael O’Brien, Angie Peske, Janye Smith, Jill RE/MAX Masters Sell, Michael KP Premiere Realty Kramer, Dirk Ohio Real Estate Auctions Wiemken, Stanley RE/MAX Preferred Associates Gaytan, Miguel Horman, William Rader, Ronald Shaner, Jennifer Vincent, Tracy Welles Bowen Realtors Falk, Michelle Jervis, Marcy Realty Five Defiance Snow, Matthew Reichle Klein Group Dorsey, Dana Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com New “Qualified Mortgage” RuleIsn’t Takes Building Relationships: There An Effect App forJanuary That 10 The start of 2014 signals the launch of new rules by the Consumer Financial Protection Bureau (CFPB) requiring that borrowers seeking a mortgage show proof of their ability to repay the loan. According to the CFPB: The Ability-to-Repay and Qualified Mortgage rule is a “back-to-basics” approach to mortgage lending that will protect consumers from the debt trap of a mortgage they can’t afford. Starting January 10, lenders will be required to make a reasonable, good-faith determination that a borrower can afford to repay a mortgage. That’s a commonsense policy that responsible lenders have already been following for decades – and this month it will be the law. The Bureau also has a fact sheet about the new rules. In short, to be a Qualified Mortgage, the loan: Cannot have excessive upfront points and fees: Cannot be longer than 30 years; Cannot have certain risky features, such as paying only interest and not principal, or paying less than the full amount of interest so that the total debt grows each month; and Must be in one of three categories: 1. The monthly loan payment, plus the borrower’s other debt payments, does not exceed 43 percent of the borrower’s monthly income; or 2. The loan qualifies for purchase or guarantee by a government sponsored enterprise (Fannie Mae or Freddie Mac), or is insured or guaranteed by a federal housing agency; or 3. The loan is made by a small lender that keeps the loan in portfolio. The CFPB estimates that 92 percent of all mortgages fit into one of the three key categories. CFPB Director Richard Cordray, who previously served as Ohio’s Attorney General, explains the rule to the following National Association of REALTORS video (which also accessible via realtor.org). CLICK HERE for additional information from NAR regarding the new mortgage rules. - Carl Horst Ohio Association of REALTORS® Ohio Officials Moving Forward with New Septic System Rules State health officials are moving forward with plans to implement new septic standards in Ohio, following a series of public hearings that were held across the state late last year. The new rules would mark the first update in standards since 1977. Six years ago, an effort to update the state’s septic rules was scrapped after home builders, REALTORS® and other interest groups expressed concerns about the excessive costs and burdensome regulations. Ongoing discussions between officials and interested parties resulted in the revised proposal. The public comment period on the new rules ended in mid-December and are currently undergoing a final review by the Ohio Public Health Advisory Committee. OAR requested a delay in the effective date of the new standards and a clearer definition of what constitutes economic impact, among other technical concerns. It’s likely that the new draft will be finalized by June, with a yet-to-bedetermined effective date. State health officials have indicated that the new rules will not force homeowners to replace working systems. They are intended to apply to new construction or failed septic systems. A Page 5 2012 survey found that 31 percent of septic systems statewide were leaking sewage into streams and groundwater, although health officials stress that many of these will not need to be replaced but simply have broken and/or missing parts replaced. sand and soil. Though the new soil requirements are not as stringent as the 2007 standards, they are still a big improvements, said Karen Manci, a sewage and waterquality expert at Ohio State University. The Ohio Department of Health has created a website designed to address concerns raised throughout the public hearing process and debunk myths that have surfaced. Adoption of the new septic rules appears more likely this go-around, the Dispatch notes: One of the biggest technical changes in the new draft compared to the standards proposed in 2007 is a reduction in soil requirements—now proposed at 6 to 18 inches in most parts of Ohio versus the earlier standard of 2 feet. As the Columbus Dispatch noted: Where soil is deemed inadequate, standard septic systems could be altered to include such things as additional tanks or mounds of landscaped Toledo REALTOR® Magazine | February 2014 As the Ohio Department of Health prepares to forward the rules for a legislative panel’s review, one potentially powerful opponent already is on board. “We signed off on the whole thing some time ago,” said Vince Squillace, vice president of the Ohio Home Builders Association. - Scott Williams OAR Director of Government Affairs www.toledorealtors.com TBR Installs New Officers and Recognizes Top Honorees at 2013 Annual Business Meeting The Toledo Board of REALTORS® (TBR) held its Annual Business Meeting on December 5, 2013, at Forrester’s on the River. The meeting was sponsored by Fifth Third Bank and Toledo Public Schools was the featured charity. During the meeting, the following individuals were recognized for their accomplishments: Dan McQuillen, The Danberry Co., was awarded the 2013 REALTOR® of the Year Award. Dan has been licensed for nine years, is a 2013 President’s Sales Club Award of Distinction recipient and has served on TBR’s RPAC, Legislative, YPN, Education, Member Engagement and Budget Committees. In addition to his real estate activities, he is a “20 Under 40” Award Winner and is a member of Little Flower Church, a Leadership Toledo Trustee, is on the University of Toledo Finance Advisory Board, a member of EPIC and the Toledo Sport & Social Club, and was a judge for the 2013 Youth Jefferson Awards. Kathy Kuyoth, RE/MAX Preferred Associates, was awarded the 2013 REALTOR®/Citizen of the Year Award. Kathy has been licensed for 37 years and has been involved in numerous causes in the community. She served on the 2013 Board of Directors and Executive Committee of the Better Business Bureau and was nominated three times for Page 6 the BBB Torch Award. She has helped raise thousands of dollars for the Children’s Miracle Network and the Susan G. Komen Foundation, and during the holidays she makes it an annual tradition to adopt a family in need. She is an active member of Christ the King Church where she has served on the Parish Council since 2007, and is a regular supporter of the Seagate Food Bank. Debbie Petersheim, Midland Title & Escrow, was awarded the 2013 Affiliate of the Year Award. Ms. Petersheim has been in the title business for 11 years and sold real estate for 12 years prior to that. She currently serves on TBR’s Legislative and RPAC Committees, and has served on TBR’s Equal Opportunity in Housing & Cultural Diversity, Commercial/Industrial, Education, Events, Summerfest and YPN Committees. She has served on the TBR Cares Program, Leadership Development, Rookie League, Game Changers, TBR Habitat Builds, Sheriff Sale, Trade Fairs and Home Ownership Expo Task Forces. While she was a REALTOR®, this year’s recipient served as an OAR Director for seven years, was on TBR’s Board of Directors for six years, and was an Affiliate Director on the Board of Directors for four years. She is currently a member of the HBA, WCR and is a member of the Mortgage Bankers Association Board of Directors. Carole B. Hunter, The Danberry Co., was awarded the 2013 Distinguished Service Award. Carole has been licensed for over 31 years, was a manager for 28 years and holds the GRI, SRS and CRB designations. After serving seven years as an agent, Carole joined Danberry’s management team where she ushered the company into the “age of technology” by buying their Toledo REALTOR® Magazine | February 2014 first fax machine. In addition to her full time duties she was dedicated to going back to school full-time so she could obtain her broker’s license. She has been involved at the Toledo Board of REALTORS®, the Ohio Association of REALTORS® and the National Association of REALTORS®. At the TBR she has been a strong RPAC supporter, and was a member of the Public Policy Committee, 100th Anniversary Planning Committee and the Innovation Task Force. She was the 1983 REALTOR® of the Year and was the 2nd female President of the TBR Board of Directors. In addition to her involvement at TBR she has served as on OAR Director, on various OAR committees and as a NAR Director. Outside of real estate she is involved in the Maumee Chamber of Commerce, Our Lady of Lourdes Catholic Church, the Arbutus Beach Association and St. Joseph Senior Bride. In addition to selling real estate she enjoys real estate management, training and coaching agents, playing bridge, cooking, decorating, entertaining and is an avid reader. The National Association of REALTORS® recognizes REALTORS® who have been with the National Association for over 40 years with REALTOR® Emeritus Status. The following members were recognized: www.toledorealtors.com TBR Board President and the following new members of the Board of Directors were also sworn in: Robert Beery, Jr. W. William Conklin Janet L. Faunce James Flynn Brent Gagne Everett Harris Robert Harwaldt Allen Hotchkiss James Irons Michael E. Murray Sandra Ryan Ferdinand Seipel, Jr. Lance Tyo Jack Amlin, The Danberry Co. Dan McQuillen, The Danberry Co. Mark H. Kruse, The Danberry Co. Mary Ann Mills, RE/MAX Masters During the meeting REALTOR® and coowner of RE/MAX Preferred Associates John Mangas, was sworn in as the 2014 Page 7 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Page 8 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com February 12 Advanced iPad Training in Real Estate 9:00a—12:00p 3 Hours CE Credit Sponsored by First Capital Title April 14 Core Law 9:00a-12:00p 3 Hours Core CE Credit Sponsored by First American Home Warranty February 21 Asbestos, Lead & Mold Awareness 9:00a-12:00p 3 Hours CE Credit Cleaner & Dryer, 5056 Angola Road, Toledo Sponsored by Cleaner & Dryer April 15 Fair Housing 9:00a-12:00p 3 Hours Core CE Credit Sponsored by Greater Metropolitan Title February 25 Increase Your Profitability: Business Planning 9:00a-1:00p 4 Hours CE Credit Sponsored by Greater Metropolitan Title April 15 Ethics: NAR Code & Ohio Cannons 1:00p-4:00p 3 Hours Core CE Credit Sponsored by Greater Metropolitan Title March 13-14 10-Hour Post Licensure for the Salesperson 9:00a-3:00p (both days) Sponsored by Midland Title *All classes are being held at TBR unless otherwise specified. March 26 You’ve Earned It, Don’t Lose It License Law 9:00a-12:00p 3 Hours CE Credit Sponsored by First American Home Warranty Page 9 For a list of all CE Classes being offered for the year CLICK BELOW ↓↓ Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Image is Everything What you can do to make yourself a trusted and credible expert who is vice chair of IAR’s Professional Standards Committee. Deb Campbell's Tips: If you know you are going to be late to an appointment with another agent, contact them directly and promptly. If you get to a listing and something seems amiss, call the listing agent immediately. Be respectful of other agents, and property owners, when it comes to following the rules for lockboxes and sharing codes. Continue learning to become the market expert today’s buyers demand. Respect the public and your peers and take responsibility for the properties you are showing. Chris Reads’ Tips: Offices can take greater care in training new agents on professional behavior. REALTORS® reflect the company they work for so hiring and training professional agents feeds into that image. Professionalism means practicing the “Golden Rule” You can never go wrong by treating your clients and other REALTORS® the way you would want to be treated, REALTOR® Mike Drews said. Not only is it good business practice, but good common sense. If you don’t have a good business relationship with people, chances are you’re not going to get more business, said Drews, a broker with Charles B. Doss & Co. in Oswego. It doesn’t matter if you do one transaction a year or 200. What matters is making sure you do each transaction in a professional manner. “You don’t get a chance in the real estate business to do something over,” Drews said. “If you’ve messed up a transaction, it could have a lasting effect on your business, your reputation and whether or not you get referred down the line.” The National Association of REALTORS® has outlined a list of professional courtesies that REALTORS® can follow in the document, Pathways to Professionalism, which includes tips for respecting the public, property and their peers. Drews, who has chaired IAR’s Professional Standards Committee three times and is a member of NAR’s Professional Standards Committee, said REALTORS® and brokerage companies would be well served by reviewing the Pathways to Professionalism more often. Scan it before you meet with a new client or refer to it in office sales meetings. The Mainstreet Organization of REALTORS® produced a video that became a popular training tool highlighting key elements of professional courtesy. NAR recently remade the video, “A Pathway to Professional Conduct” featuring some of the same Chicagoland area REALTORS®. Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com REALTOR® Deb Campbell has some advice for agents who think that because they have gotten busier in the rebounding market they can let slide some of the professional courtesies they should show the public and their peers. Think again, says Campbell, a broker with Concept Real Estate in Columbia, Ill. Professionalism has never been more important. How REALTORS® approach their jobs and present themselves to the public can shape their reputation, both good and bad.\ “Being a professional is very important. That’s what we build our reputation on,” Campbell said. “If you don’t follow the rules, you won’t be trusted.” This year marks the 100th anniversary of the REALTOR® Code of Ethics, which establishes the enforceable standards of professional conduct for REALTORS®. But “professionalism” encompasses more than following the Code. For REALTOR® Chris Read, managing broker of CR REALTOR® in Naperville, presenting yourself as a professional covers three tiers: business skills, ethics and professional courtesy. “Professionalism is a decision that every individual makes,” she said. “What level of service do you want to provide? What kind of image of yourself do you want to put out there?” Consumers will gravitate toward the trusted advisor who is going to provide a value proposition to the transaction and part of that includes having the knowledge, skills, trust and image that people want to be associated with, said Read, Page 10 Professionalism takes a strong skill set In the past, REALTORS® were the keepers of information and consumers came to them for access and information on homes and the market, Read said. But today, buyers and sellers have so much information at their fingertips that the REALTOR® role has changed. Now they want someone who can help them wade through all that information and put it into context. They want a REALTOR® who knows the industry, knows the market and knows the community, Read said. “There’s a huge amount of homework and preparation in order to have the level of professionalism that the consumer is going to expect and demand in today’s world” Part of being professional, Read says, is keeping up and staying current with what is happening in the industry. REALTOR® education courses and designations are important but so too is staying on top of real estate news and trends. That also includes being an expert on your local community and real estate market. “You have to earn your reputation with every single new person that you are dealing with,” Read said. “You have to be on top of your game every time.” Mike Drews’ Tips: Revisit the “Pathways to Professionalism” often. Review the list frequently. Use it as a refresher before going on appointments. Offices could use it in monthly sales meetings. Stay professional even if someone on the other end isn’t following suit. Speak up if necessary. If you see a fellow agent behaving badly, talk to them. Be polite but let them know their behavior was not professional. Professionalism means paying attention to detail Sometimes it’s the little things that can make a difference. If you know you are going to be late to an appointment, let the other person know. Follow through with providing feedback on a listing. If you are showing a listing, make sure the sellers know, but also alert them if plans change. The market may be picking up but that is no excuse for agents to ignore professional courtesies. Your actions on the job not only reflect you but also other agents and the industry as a whole. If you view a listing with your buyer and wait a week to respond with feedback, or don’t respond at all, the seller wonders why the listing agent can’t get information and it impacts their perspective of the transaction, Campbell said. The same is true when there is miscommunication and sellers aren’t notified that a showing appointment has been made and they are surprised to find a potential buyer on their doorstep. You wouldn’t cancel a doctor’s appointment without contacting someone. Why should it be different if your buyers change their mind at the last minute about touring a property, Drews asks. It just leaves the impression on sellers that the agent isn’t being professional in business. “Most of the problems that come up between REALTORS® and even the public come down to communication,” said REALTOR® Laura Martin of RE/MAX Unlimited in Peoria. “Always return a phone call even if it’s for simple things like letting them know you don’t have an answer yet.” No one wants to be “that agent,” with a reputation for not following up, missing appointments and not communicating. People have long memories and if a transaction goes well with another REALTOR®, you and your clients will Page 11 remember it. If it goes badly that will leave an impression as well. Laura Martin’s Tips: Don’t treat the seller’s home like your own. Take your shoes off when entering. Supply potential buyers with plastic booties if they won’t. Don’t let visiting children play with the toys in the home. After you show a listing, leave it the way you found it. Turn off lights, shut doors, check that windows and doors that should be locked have been. Don’t let buyers in a home without an agent present. REALTOR® Lauren Mitrick, a broker with Newman Realty in Chicago, said she wants to be the REALTOR® who when other agents see her on the listing sheet, are excited to work with her again. “I’m helping someone with one of the biggest decisions they are going to make in their life,” Mitrick said. “I would want to make that big decision with someone who is detail-oriented, diligent and professional in all capacities.” Professionalism and a REALTORS®’ reputation are their calling card in what is often a referral-based business. How you present yourself to the public and your peers reflects not just on you but on the industry as a whole. “I think it makes it a smoother, less stressful process for buyers and sellers when we’re all professional. The public has their own perception of what our industry is and I like to pleasantly surprise them.” says Martin. “Often we hear, ‘why use a REALTOR®?’” Let’s give them the reason why through our actions.” Lauren Mitrick’s Tips: Dress for success. Look pulled together when you meet with clients. Don’t show up in gym clothes during off-hour showings. Don’t have dirty shoes, chipped nails or other fashion faux pas. You want your appearance to reflect your professionalism, not serve as a distraction. Keep your car clean. Your clients won’t think you’re organized if they get into your car and find listing sheets, trash and crumbs every- Toledo REALTOR® Magazine | February 2014 where. Also keep the trunk tidy as clients may put bags in the back. Be mindful of what you post online. You’ll be working with clients of all age groups. Be cautious about photos and information you post on Facebook and other social media and make sure it reflects well on you professionally. A word from IAR Legal Hotline Attorney Betsy Urbance As the IAR Legal Hotline Attorney, I hear our members sometimes air their grievances about their colleagues’ less than professional behavior. As a result, I have compiled a list of “simple suggestions” that could be employed in a broker’s everyday practice to foster cooperation and congeniality: 1. Respond in a timely manner (even if you don’t have a definitive answer yet). 2. Be transparent to the extent possible (without disclosing your client’s confidential information). 3. Encourage your seller client to sign something indicating he has at least seen an offer, even if he is rejecting it or taking no action. 4. Be mindful about protecting your client’s confidential information, even in your own office. It is your duty to do so. 5. Remember that your client’s interests take priority over your own. 6. Announce everyone who is in attendance before speaking if you are on a conference call or Web meeting/ call; or before you transfer a call to speaker. 7. Say “please” and “thank you.” -- Stephanie Sievers, Associate Editor Illinois Association of REALTORS® “Pathways to Professionalism > NAR has compiled a list of professional courtesies for REALTORS® in the document “Pathways to Professionalism” > Watch the video, “A Pathway to Professional Conduct”, which features Chicagoland area REALTORS® www.toledorealtors.com Chris Hall Takes the Helm of Ohio’s REALTOR® Association Chris Hall of Oregon was installed as the 2014 President of the Ohio Association of REALTORS® (OAR) during the organization’s Winter Conference, Jan. 19-21, in Columbus. Installed to the post of OAR presidentelect was Greg Hrabcak of Westerville and to the office of treasurer, Sara Calo of Mayfield Village. Chris Hall has been licensed since 1979, and acquired his broker’s license in 1990. He currently serves and vice president for the Danberry Co. and manages the Oregon and Perrysburg offices. On the local level, Hall served as president of the Toledo Board of REALTORS® in 2004 and was honored as its “REALTOR® OF THE Year” that same year. On the state level, Hall has served as a district Vice President from 2008-2011, and as an OAR Director since the mid1990’s. He has chaired or served as a member of many OAR Committees, including Strategic Planning, Local Government, Enlarged Legislative and Legislative Steering. Additionally he was appointed to the Education and Research Advisory Group by the Superintendent of the Ohio Division of Real Estate and Professional Licensing, until it was disbanded. Nationally, Hall serves as director of the National Association of REALTORS® (NAR) and as the State Representative to the Risk Management Committee. Additionally, Hall holds the CRB (Certified Residential Broker) designation of NAR. Hall has two daughters and three grandsons and resides in Oregon. 2014 OAR President-elect Greg Hrabcak has been involved in the sale and leasing of commercial, industrial, investment and office real estate since graduating from The Ohio State Univer- sity in 1984. He is currently a broker/agent for HER Commercial Real Estate Services in Columbus. 2014 OAR Treasurer Sara Calo is with The Calo Group at Howard Hanna Real Estate Services in Mentor. OAR, with more than 26,000 members, is the largest professional trade association in Ohio. - OAR Association News Treating Frostnip Frostnip is a milder, more common form of frostbite injury during cold winter months. It typically affects exposed areas such as cheeks, noses, ears, fingers and toes. Here are a few ways to treat frostnip at home: When possible, go indoors immediately and remove all wet clothing. Drink a warm beverage while treating the damaged area. Don’t rub affected skin, since this could further damage the tissue. Immerse affected body parts in mildly warm water (approximately 100 degrees) until all sensation returns. If water is not available, use warm blankets or body heat, such as tucking your hands into your armpits. Never use direct heat from heating pads, fireplaces, or heaters to rewarm because the affected skin is often numb and can easily burn. Visit a doctor if skin appears white and waxy and feels numb and hard. Don’t walk on affected feet. Carry children whose toes are affected. Avoid thawing a frostnipped area if it could refreeze before receiving medical attention. Severe tissue damage can occur to skin that is thawed and then refrozen. Page 12 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com OAR INSTALLATION BANQUET —01/20/14 Watch the Tribute Video to Chris Hall that was played during his installation banquet in Columbus. For more TBR Event Photos visit our website at www.toledorealtors.com/Photo Gallery or CLICK HERE Homes are Getting Smarter, More Connected Sixty-one percent of consumers say they’re interested in learning more about home automation, according to recent market research from the Consumer Electronic Association. Home owners have an increasing number of options, too. Smart-home technologies are growing, with everything from the ability to remotely control a home’s lights and temperature to sending text messages to appliances or monitoring a home’s security and energy consumption from a smartphone. Several technology companies are showing off gadgets for the connected home during this week’s 2014 International Consumer Electronics Show in Las Vegas. Mass adoption of smart home technology has been slow and is likely still 10 years away, said panelists at a Wednesday session called “Exploring the Future of the Connected Home.” But smart-home technology has made strides in recent years with easier-to-use designs and more flexible products. The smartphone has been fueling that growth, said Matt Rogers, co-founder and vice president of engineering at Nest. Smart homes can be trained to react to the owner and be automated based on the owner’s lifestyle: Lights can turn on when it senses the owner is a certain distance and can turn off as the owner leaves, said Mike Soucie, Revolv’s cofounder and head of marketing. Homes are being outfitted to capture predictive analytics that can help owners know when something is wrong, too. “You have a check engine light on your car that tells you when something is wrong,” explained Mark Hanson, product development lead at Alarm.com, during a CES session called “Home Sweet Radical Home.” “But with a home, you often don’t know until something breaks. With [smart home] technology, your home will tell you when something is about to go wrong.” Smart Home Technology Debuts at CES A range of smart home technologies were featured at this year’s CES, including: Texting appliances: LG’s new Home Chat smart platform connects your home’s appliances to your smartphone, allowing you to text back Page 14 and forth. For example, you can text your fridge: “What groceries do I need?” And it’ll respond with a text containing a grocery list. App-controlled home: Samsun debuted its Smart Home App, which allows home owners to control several appliances in their home, from the TB to connected appliances, wearable tech, and more. Home owners can personalize settings on their electronics and then control them remotely. For example, they can view cameras in their TV or other devices while they’re away from home; receive alerts from the Smart Customer Service feature when something in their home is going wrong such as an appliance malfunctioning; and use a voicecontrol setting to speak commands to the home, such as turning off the lights by saying “leaving.” Toledo REALTOR® Magazine | February 2014 Voice controlled thermostat: Honeywell recently introduced a Wi-Fi Smart Thermostat that responds to voice commands. For example, say “make it cooler,” and the thermostat will cool the house by one degree. Or, tell the thermostat to “make it five degrees warmer,” and the thermostat will follow your voice prompts. Touch screen locks: Schlage touted a new lock that can be opened or locked with a four-digit code and controlled with a smartphone app. The lock will also send home owners alerts if the lock is being tampered with or the wrong code has been entered a certain amount of times. Smart lights: Lumen introduced an app-enabled LED Smart Bulb that can be controlled wirelessly via a smartphone. You can dim the lights, set the lights to come on at a certain time, and even choose from 1 million colors to set the right mood. The lights can also be set to blink to alert you when you have an incoming call. - Melissa Dittmann Tracey NAR REALTOR® Magazine www.toledorealtors.com 2 Steps to Success By focusing on your natural talents and eliminating distractions, your business will soar in the coming new year. I believe every person on this Earth has been born with a different potential. When somebody told you that if you want something badly enough, and if you put your mind to it, you can accomplish anything . . . well, in my opinion, that’s simply not true. We are all born with different potential. Let me explain. Would you agree that I could play basketball every day for the rest of my life and I will still never be as good as Kobe Bryant or LeBron James? Of course that’s true. No matter how badly I want it, or how much I try, my potential just isn’t as great in that area. My job, and your job, is to figure out what we do well. This also applies to your real estate business. You need to determine what you do well in order to find our what’s your best use of time. To set yourself up for success in 2014, I want you to do two things: 1. Identify where your successes came from in 2013, and do more of that. To pinpoint your best use of time, go over your last two years of transactions and track where they actually came from. If you find that you had a great return from search engine optimization and blogging, great! If you find that you received a lot of business through door knocking, then great! Where you find your business is going to be different than other people, because you were created with different potential. Try and be as specific as possible when you look at where your business came from. Referrals are not a “best use of time” because you can’t focus on a referral. A referral is nothing more than two things: time and circumstance. You created enough time and circumstance with enough people that they felt comfortable enough with you to refer you to their friends and family. If you want to measure something, measure the amount of time and circumstance that you want to create with people. Then do more of it, which will naturally lead to referrals. Page 15 You should come up with your top four “best uses and time” and incorporate them into each and every workday. 2. Eliminate as many distractions as possible, and focus on your natural potential in your real estate business. Now, in order for this to work, you have to let go of your addiction to multitasking. Even as you are reading this, many of you are looking at e-mails, thinking about shopping lists, and on and on. Did you know that according to the University of London, multitasking can cause up to a 10-point drop in IQ? We think we are being productive, but the truth is, multitasking is why we are constantly stressed. We perpetually begin 10 tasks everyday and never finish one. If you want to do yourself a favor, discover your top four “best uses of time,” and divorce yourself from your addiction to multitasking. It’s true what they say: Some people really are too busy to ever get anything done. There is a difference between activity and achievement. One goal gets you something in the end and the other one just keeps you busy. Which will you choose? Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com - Jared James NAR REALTOR® Magazine Exciting News! ShowingTime Q&A’s Q. How do I access ShowingTime for the MLS? A. In Fusion, under “Resources, Resource Links, SmartLinks”, select ‘Configure ShowingTime.’ This brings you to the ShowingTime for the MLS Home Page Dashboard. Q. Why would I use ShowingTime for the MLS? A. ShowingTime for the MLS helps real estate professionals schedule showings online to save them from unnecessary phone calls and busy work. ShowingTime for the MLS saves time, requires fewer calls, generates more showings, helps agents provide better client service with better accountability and better security . . . all leading to a more efficient home sale. Q. How will I be notified of a showing request on my listing? A. Under the Agent Setup tab, there is a section titled ‘Listing Agent Preferences’. This is where you can select how you would like to be notified about requests on your listings. Q. How will I be notified when I request to show a listing? A. Under the Agent Setup tab, the section titled ‘Showing Agent Preference’ is where you can indicate how you would like to be contacted for showing notifications. In addition, when scheduling a showing, you’ll see a terms and conditions screen where you can also select your contact preferences. You can also indicate how you would like to receive showing instructions. Q. What are my options for being notified? A. You have three options to choose from for notifications: 1) email, 2) automated text-to-voice call, and 3) 2-way text messaging. You can choose one, two or all three of these options. Q. What if the owner/occupant wants to be notified about showings? A. You can add an owner/occupant to any listing set to ‘Appointment Required’ mode. This allows the owner/occupant to be a part of the selling process. They can be set up to confirm requests or simply be notified about showings. Simply navigate to the ‘Listing Setup’ tab and click ‘Add New Owner/Occupant’. Be sure to indicate the seller’s notification preferences. Never forward your listing agent version of the emails to your sellers. They have a separate seller template with limited access. Q. What if I want to schedule multiple showings at once? A. No problem! ShowingCart™ allows you to schedule multiple showings with ease! For more ShowingTime Questions & Answers, CLICK HERE → Page 16 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com *All training videos/webinars can be found at support.dotloop.com and you can call them at (888-dotloop) Mon.-Fri. 8-8/Sat.-Sun. 10-6 EST. Bas i c s : These are the steps you need to know so that your office can have the benefit of reviewing, tracking, and storing all transactions (loops) online. *Remember to use your special dotloop upload email address to forward/scan docs into dotloop. 1. 2. 3. 4. Register and attach yourself to your brokerage and/or Association Create a loop Upload your completed PDF’s If your brokerage is using the broker dashboard, click ‘Submit for Review’ (if a loop is returned for corrections, make the necessary corrections/additions and ‘submit’ again) Adv a n c e d : Once you master the basics, you can start taking advantage of their many amazing agent features. If you want to start a contract on dotloop, follow the steps below to best auto- populate your documents. Once filled out, the documents can either be printed or shared directly through the application for e-signatures. 1. 2. 3. 4. 5. Create a loop Add your people and assign their roles (including your own) Edit the details tab (acts as a cover sheet) Add interactive document templates Open the documents and fill in the blanks (they will auto-fill as much as possible according to the information you added in the details tab) Expert : Utilize tasks and invite in all parties to the transaction to become a dotloop expert. Tasks can be created and shared with your clients to offer more value throughout the transaction. Are there preferred vendors/websites that you would like to present to your clients?...add the websites URL to a task list. You can invite anyone into a loop. Does the attorney/lender need to view the contract?...share the document with view privileges directly from dotloop. • Does the inspector/appraiser have documents to share? Invite them into the loop and let them upload and share within dotloop. Dotloop is a transaction network that connects people, documents and tasks in one place to get deals done. It’s a simple, hassle-free way to work better, together. Page 17 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Page 18 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com NEW AGENT BASIC FUSION MLS CLASSES 2014 For new agents or those who need help with the basic functions of Fusion MLS. All classes will be held at Toledo Board of REALTORS®, 590 Longbow Drive, Maumee. CLICK ON the class date below to reserve your seat! MARCH 6 2-4 PM MAY 7 9-11 AM JULY 8 2-4 PM SEPT 4 9-11 AM NOV 5 2-4 PM Midland Title Chicago Title Area Title Seagate Inspections, Inc. First Capital Title ADVANCED FUSION MLS CLASSES 2014 All classes will be held at Toledo Board of REALTORS®, 590 Longbow Drive, Maumee. CLICK ON the class date below to reserve your seat! FEB 19 10-11:30 AM MARCH 20 10-11:30 AM Page 19 Q & A—If you have questions . . . We have answers. Bring your questions about Fusion MLS to this open session. We will help you with whatever you need. Appraiser—If you are an Appraiser this is the class for you. You will learn how to do in-depth searches and how to complete the 1004MC. APRIL 10 10-11:30 AM Q & A—If you have questions . . . We have answers. Bring your questions about Fusion MLS to this open session. We will help you with whatever you need. MAY 21 10-11:30 AM Creating Personal Search Templates and Grids—Have you ever wanted to make your search templates with custom information on them? You will learn how to make your search templates and grids your very own. Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Problem Solving Formulas Golf fans: pretend you are down 1 stroke at the Masters and you are on the 18th hole. A fan is near the green eating a hamburger when all of a sudden a gust of wind pulls his McDonald's bag out onto the fairway. Amazingly, the ball takes a huge bounce and then rolls right into the bag. Under PGA rules you cannot cause the ball to move once it is in rest or you face a one stroke penalty. What should you do? Solution: Light the bag on fire then hit the ball. That is Problem Solving! We run into problems every day when we are out selling. We forget our presentation materials. We get stood up. We run into traffic on the way to an appointment. Meetings cancel. The financials sometimes do not work out. A surprise decision-maker gets involved. We put our foot in our mouth. To be good in sales or sales management, you have to be good at thinking on your feet. You have to be a good problem-solver. In fact, that is why sales can be such a lucrative profession. If just anyone could do it, there would not be so much financial opportunity. The world will pay almost anything for a problem solver. Here's 5 steps to help you solve any problem: 1. Identify the problem - Some people don't even do this. (Example: Wife that is mad at her husband, and he doesn't even know why she is mad) 2. Change your perspective - Identify three positives - Let's say you drive all the way across the city during rush hour traffic in the morning to a breakfast meeting, and just as you walk in the door, you get a call on your cell and your prospective client says, "I'm sorry to have to do this to you, but I just don't think this is a good fit, so I'm not going to be making our meeting today." What are three good things about that? Of course, you don't want to get stood up; but when it happens, you have to learn to look on the bright side. You can say to yourself, now I have more time to call and set up another appointment. Or you can say, I am thankful every day for a job that teaches me patience. Every 'no' gets me closer to a 'yes', etc. Page 20 True Story: While selling books for the Southwestern Company, Dustin Hillis got 13 flat tires in one summer. After the first few, he turned it into a game to see how fast he could change a tire. By the end of the summer, he could change a tire in under 3 minutes. 3. Identify all your possible solutions You can sit around and feel sorry for yourself. You can take a break. You can emotionally eat and gorge on the most fattening of breakfast foods to help you cope. You can call a friend and complain about your job. You can project that it is just not possible to make money in your profession. I know all the previous "solutions" sound stupid; but believe me, people do them. I have seen many off-track sales people take a nap in their car or decide they need to go shopping during the day, when they just need a break. Another solution would be to go straight back to the phone and try to replace that cancelled appointment with another. 4. Determine which option is best - A good rule of thumb is to pick whatever solution gets you in front of another prospect the quickest. That helps you to get over it quicker and builds your self-esteem; because you know you can work through anything. It allows you to realize that problems are no big deal. 5. Do it - Sometimes we know what we should be doing, but we still don't do it. My dog is even guilty of that. He will stick his head in the trash can to pull out the scraps; and while he is doing it, he will where a cheesy, toothy grin on his face because he knows he is doing wrong. Remember, whenever we don't do something we know we should be doing it takes our self-confidence down a notch. When we do something that we don't want to do because it is the right thing to do that increases our selfconfid enc e. Act i on cu res f ear ! Bonus tip on having a problem-solving attitude: Always focus on the solution - Are we always solution oriented? How many times do you hear someone complain about the market, about their company's pricing, or complain about how much they have to do? If you find yourself, doing any of those, that is not being solution-oriented, that is being problem-oriented. - Emmie Young, Senior Partner Southwest Consulting RPAC needs Sponsors for their 2014 Fundraising Events! Donate one amount now and get recognition at both RPAC events: TBR/RPAC Spring Fling (March) and the Legislative Breakfast (May) Contact Brad Crown, RPAC Chairman bradcrown@bex.net or christi@toledorealtors.com Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Warnings about Smartphone Damage in Cold The frigid temperatures can take a toll on your smartphone—even causing it to temporarily freeze and shut off. Smartphone manufacturers have warned in the past about how phones can overheat on hot days, and now they’re also warning that phones can freeze on a cold day, too. In extreme temperatures—say, minus 10 degrees or lower—the phone can shut off. Even pressing the power button a few times may result in nothing but a blank screen. However, your phone most likely isn’t completely dead. Usually, the phones will come back on when they’re brought back inside and have a chance to warm up, The New York Times reports. Popular Mechanics recently tested how well cell phones could withstand the cold. “We found, in general, that when you reach about minus 10 degrees, some screens start to dim and went immediately to low battery,” says Seth Porges, a technology writer who oversaw the Popular Mechanics study. “At minus 20, several [cell phone] models shut off, and at minus 30, almost every device suffered severe battery and screen problems and was almost inoperable.” Phones that were subjected to temperatures of minus 40 minus 55 went dead, the study found. Popular Mechanics, however, did find the phones returned to normal after the temperatures got warmer. On Apple’s website, the company suggests using the iPhone only in temperatures from 32 degrees to 95 degrees Fahrenheit. The company warns that lower temperatures can temporarily shorten the phone’s battery life. - NAR Daily Real Estate News Source: “When Your Smartphone Shuts Down from the Cold.” The New York Times (Jan. 22, 2014). MARK YOUR CALENDARS . . . and watch the daily emails for more information. February 12 . . . . . . . . . . Advanced iPad Training CE Class March 13-14 . . . . . . . . 10-Hour Post Licensure CE Classes February 12 . . . . City of Toledo/DON Donation Deadline March 20 . . . . . . . . . . . . . . . . . Fusion MLS Appraiser Class February 13 . . . . . . . . . . TBR Board of Directors Meeting March 21 . . . . 2014 Goal Setting/Vision Boards for Agents February 18 . . . . . . MBA Monthly Membership Meeting March 26 . . . . . . . You’ve Earned It, Don’t Lose It CE Class February 19 . . . . Fusion MLS Question & Answer Session March 28 . . . . . . . . . . . NORIS Board of Directors Meeting February 19 . . . . . 2013 Year in Review/Industry Update/ April 4 . . . . . . . . . . . . . . . . . . . . . . . 2nd Quarter Billing Due General Membership Meeting April 8 . . . . . . . . . . . . . . . . . Affiliate Brainstorming Session February 20 . . . . . . . . WCR Business Resource Luncheon April 8 . . . . . . . . . . . . . . . . . TBR New Member Orientation February 21 . . Asbestos, Lead, Mold Awareness CE Class April 10 . . . . . . . . . . . . . . . TBR Board of Directors Meeting February 25 . . . . . . Increase Profit: Bus Planning CE Class April 10 . . . . . . . . Fusion MLS Questions & Answer Session February 26 . . . . . . . . . . ShowingTime Advanced Classes April 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . Core Law CE Class February 27 . . . . . . BLS: FHC Condo Association Seminar April 15 . . . . . . . . . . . . . . Fair Housing/Civil Rights CE Class March 6 . . . . . . . . . . . . . . Fusion MLS New Agent Training April 15 . . . . . . Ethics: NAR Code & Ohio Cannons CE Class March 12 . . . . . . . BLS: Legal Update/OAR’s Peg Ritenour April 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . TBR Office Closed March 12 . . . . . Broker’s Round Table/OAR Legal Update April 23 . . . . . Fusion MLS Contact Mgmt/Prosp/Searching March 13 . . . . . . . . . . . . TBR Board of Directors Meeting April 28-30 . . . . . . . . . . OAR Spring Legislative Conference Page 21 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com DEBBIE HAFNER, REALTOR®, ABR, SRES 2014 President Toledo Women’s Council of REALTORS® Mission of Women's Council of REALTORS® We are a network of successful REALTORS® empowering women to exercise their potential as entrepreneurs and industry leaders. Now that the New Year has started, WCR has many new goals to achieve, and I hope that you will be a part of them. We had a successful Holiday Gala in December which included a silent and live auction and the installation of our new officers for 2014. Megan Meyer Foos and Mark Remeis did a great job as emcees and not to mention the great auctioneering by Jack Amlin. The committee chair for the event was Amy Jones, Liberty Title and many thanks to her and the committee who worked hard to make this event happen. Here are the 2014 Officers: President: Debbie Hafner, A.A. Green Realty, Inc. President Elect: Joann Amos, Welles Bowen Realtors VP of Membership: Sarah Ford, Key Realty Treasurer: Jennifer Abke, Wells Fargo Secretary: Shannon Henegar, NOIC We will be hosting our Business Resource Luncheons at Brandywine County Club again this year. We believe this will help with the attendance as well as a promise by them to serve great lunches. Our first luncheon of the year was on January 16, “Living Our Lives in a More Positive Way”, and our next luncheon will be on February 21, “Managing a Career and Having a Life” featuring area real estate professionals. I hope to see all of you there. The Toledo Chapter is having a Membership Drive contest for the month of January. Anyone who is renewing their dues or signing up to be a member will be entered into a drawing for $50. Sarah Ford, VP of Membership has all the details. Give her or myself a call with any questions. We are working on our Annual Trivia Night which will be April 24th. I will be the committee chair for this fun event which will feature an Easter theme. Please let me know if you are interested in being on the committee. If not, I hope that you will be able to join us for some trivia and fun! For more information on WCR Membership and how it can benefit your career, please contact VP of Membership, Sarah Ford, (419) 290-0444 or e-mail: sarah@sarahsellstoledo.com. Sincerely, Debbie Hafner, REALTOR®, ABR, SRES 2014 President / Toledo Chapter Women’s Council of REALTORS® Our Vision Through our influence as successful business professionals, women will effect positive change in the profession and in the broader community. Page 22 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com 3 Ways to Show Former Clients Your Appreciation How are you going to differentiate yourself in 2014 to get more leads? Here are three ideas from Victoria Gillespie with RE/MAX Realty Affiliates in Mount Airy, Md. Gillespie presented “Redefining Your Business Proposition” at the 2013 REALTORS® Conference & Expo. 1. Her first secret weapon is her little black book. Gillespie, who is also the national director of business development for REALTORS® Federal Credit Union, has put together a list of her favorite lenders, title companies, contractors, and local businesses into a marketing brochure booklet that she only passes out during high-end, high-touch situations. She also includes client testimonials and background about herself. 2. Twenty percent of Gillespie ‘s clients give her 80 percent of her referrals. So she leverages those people and focuses her marketing activity on them. For example, Gillespie sends a bimonthly newsletter to 150 of her best clients in which she provides home improvement tips, staging ideas, and local market information. She usually gets between five and seven e-mail responses, some complimenting her on the content, some just say- ing hello, and others offering referral leads. 3. Gillespie chooses closing gifts that her clients will frequently see and put to use in their home. One of her favorites is a high-end cutting board that she personalizes with something her clients are passionate about, such as music or fishing. And she refuses to skimp on quality: “If you’re going to spend the money, make sure it’s on a gift that will last," she says. —Erica Christoffer REALTOR® Magazine Agent, Appraiser: How Much Can We Talk? transaction. “There’s a window of opportunity when agents and appraisers can talk, but once the appraisal has been developed and sent to the client, that window is closed,” said Vic Knight, appraiser at Chapel Hill Appraisals in Raleigh, N.C. Before that point, agents have an opportunity to provide appraisers with supporting information. For example, listing agents can be present for the appraisal and be on hand to clarify any items necessary, such as a remodeled kitchen. They can also provide an appraisal package upfront that includes the purchase contract and comparables that demonstrate how the listing agent arrived at the price. Because of the number of off-MLS listings — or pocket listings — in many markets, agents may have valuable information that appraisers can’t find on the MLS, said John Anderson, a real estate agent with Twin Oaks Realty Inc. in Minneapolis. “Many appraisers are usually open to the information that agents bring within the appraisal package.” Another issue: Although home prices are picking up in many markets, inventory shortages are limiting comparables, leading to appraisals lower than the contract price. Home owners may be able to appeal a valuation if they can prove that there are errors in the report, pertinent comparables are missing, or the appraiser lacks geographic competency, panelists said. —Melissa Tracey REALTOR® Magazine Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com One big misunderstanding between real estate agents and appraisers centers on how, when, and what they can communicate about the valuation process, said panelists at a Valuation Forum on Saturday at the 2013 REALTORS® Conference & Expo. While federal laws dictate those communications, appraisers and agents don’t have to be estranged during a Page 23 Seagate Convention Center Friday, February 21, 3-8 PM Saturday, February 22, 10 AM—8 PM Sunday, February 23, 10 AM—5 PM Tickets: $7 at the door; $6 Seniors at the door; 12 and under FREE The Show features over 250 booths and more than 150 different exhibitors showcasing everything imaginable for the home. VOLUNTEERS NEEDED! The HBA has given the Toledo Board of REALTORS® a booth (#512) at this year’s show. The booth will be used to highlight the benefits of home ownership. TBR will provide all the materials for the booth but we need REALTOR® members to staff the booth. In return for your time you will have the opportunity to talk to potential buyers and sellers and provide them with your contact information. For shift times and availability please contact christi@toledorealtors.com Page 24 Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com Legally speaking: Is the listing released or just “off the market?” The OAR Legal Assistance Hotline receives an array of real estate-related legal questions — including license law issues, disclosure, contract law, ethics and commission problems, among others. In an effort to help you work within the law, our “Legally Speaking” series spotlights some of the timely questions that are being asked by REALTORS. This one entails uncertainty about whether a listing has been released or not by a previous brokerage… Q: Recently I took a listing on a home that had been previously listed with another brokerage. The seller mentioned to me that he had been unhappy with the former listing agent and the broker let him out of the listing. The property is now in contract. I just received a call from the former listing broker who indicated that his listing doesn’t expire until Dec. 31 and that he never released the seller from the listing — he only agreed to take the property off the market. Moreover, because he didn’t release the seller, he claims he is entitled to a commission if the property sells during the remaining term of his listing. He is also threatening to “take me to the Board” for violating the Code of Ethics. Is he owed a commission and how should I handle this for the seller? Did I do anything wrong? A: Situations such as this have been the basis for several recent calls to the OAR Legal Hotline. The problem is almost always caused by confusion over whether the listing broker agreed to take the property off the market or actually released the seller from the listing. These are usually not the same thing from a legal standpoint. A properly drafted release terminates the mutual obligations of both the listing broker and the seller under the listing, including the seller’s obligation to pay a commission to the listing broker. On the other hand, if a listing broker only agrees to take the property off the market and to remove it from the Page 25 MLS he is merely agreeing to do only that — cease his efforts under the listing to market the property. Such an agreement generally does not relieve the seller from the obligation to pay a commission if the property is sold during the term of the listing. Therefore, when a seller approaches a listing broker about taking a property off the market it is important for the listing broker to know what the seller is really asking for to avoid confusion. Does the seller want the listing broker to cease all marketing of the property or does he really want out of listing and why? Has the seller changed his mind about selling or does he want to list with someone else or sell it himself? Whatever agreement is reached between the broker and seller, it is crucial that it be reduced to writing in a clear manner, especially with regard to the seller’s duty to still pay the broker a commission if the property is sold during the term of the listing. As to the seller’s obligation to pay a commission to the original listing broker in this situation, the new listing agent should recommend that the seller review any paper work received from the previous broker to determine whether the broker merely agreed to take the property off the market or agreed to release the seller from the listing. Because this is a contractual issue between the previous broker and the seller, I recommend the new broker not become involved in this matter and instead let the seller handle it himself or seek legal counsel. Regarding the question concerning the new listing broker’s conduct in this situation, there are provisions in the NAR Code of Ethics that could potentially be at issue. Any determination as to whether a violation occurred, however, would have to be made by a panel following a professional standards hearing at the local Board level. Article 16 of the Code is the section that would most likely be in question. It provides that REALTORS shall not engage in any practice or take any action inconsistent with exclusive representation agreements that other REALTORS have with clients. Under Article 16 there are several Standards of Practice (SOP) that provide further guidance to a hearing panel in considering whether a viola- tion of this article occurred. SOP 16-6 clarifies that Article 16 is not violated when the seller initiates the contact with another REALTOR about listing their property and further provides that a REALTOR can enter into a listing that becomes effective upon the expiration of any existing listing. However, SOP 169 provides that prior to entering into a representation agreement, REALTORS have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement. Thus, if an ethics hearing is held, a panel may consider whether the new listing agent/broker made reasonable efforts to determine if the seller had been released from the first listing agreement prior to entering into the new listing. To avoid a possible ethics violation in scenarios such as the one posed here, I always recommend that if the seller indicates he was released from a previous listing contract with another brokerage that you ask the seller to see a copy of that listing and any release received from that former listing brokerage. This will help to determine if the previous listing was released or whether the property was just taken off the market. Doing this due diligence will not only help you to avoid ethical issues and disputes with other brokers, but most importantly, will avoid putting a seller in the position of potentially owing a commission to two brokers. - Peg Ritenour OAR Vice President of Legal Services Toledo REALTOR® Magazine | February 2014 www.toledorealtors.com