March 2003 Newsletter
Requirements for Code of Ethics Training
Many people are still confused about the Code of Ethics requirements for NAR. Some wonder if they have to have the Code of Ethics to renew their license, others aren't even aware of the requirement.
The fact is that the Code of Ethics requirement is for NAR (The National Association of REALTORS®) and if you fail to take the required Code of Ethics training, you could be dropped from membership, and unable to call yourself a "REALTOR®", (among other benefits.)
You do NOT have to have the Code of Ethics to renew your Maryland state license with DLLR. The requirements for DLLR are the same-6 hours of Continuing Education (4 1/2 of Legislative and 1 1/2 of Fair Housing) if you've had your license for over 10 years; or 15 hours (including 3 hours of Legislative and 1 1/2 hours of Fair Housing) if you've been licensed under 10 years.
You can take the required Code of Ethics training on-line at www.realtor.org,(NAR's website) or at various locations including AACAR, or in June, at the 2003 Real Estate Now Convention at the Anne Arundel Community College.
The requirement for Code of Ethics training is as follows:
Professional Standards Policy Statement No. 48 provides:
Effective January 1, 2001 through December 31, 2004, and for successive four year periods thereafter, REALTORS® are required to complete quadrennial ethics training of not less than two
hours and thirty minutes of instructional time. REALTORS® completing such training during any four year cycle shall not be required to complete additional ethics training in respect of this requirement as a requirement of membership in any other board or association.
A REALTOR® completing the New Member Code of Ethics Orientation during any four year cycle shall not be required to complete additional ethics training in respect of this requirement until a new four year cycle commences.
Failure to complete the required periodic ethics training shall be considered a violation of a membership duty for which REALTOR® membership shall be suspended until such time as the required training is completed.
Every board and association is required to provide access to necessary ethics training programs either locally, in conjunction with other boards and associations, or through other methods (including, but not limited to, home study, correspondence courses, or internet-based instruction). Any training offered pursuant to this requirement must meet the learning objectives and minimum criteria established by the NATIONAL ASSOCIATION OF REALTORS® from time to time.
(For more information, please call Carole at 410-544-4554).
A Letter From Your President Ron Anderson
I have had the personal benefit of a respected, knowledgeable mentor from my first day in the industry to present. He has always been there. Regardless if the situation created was by my actions or another agent's actions (or lack of them). His guidance has kept me focused and if not error free (we all make mistakes) has helped me deal with those situations that arise in every REALTOR®'s life. My mentor was once asked to contribute to a continuing education program a few years ago at the Anne Arundel County Association of REALTORS® annual Real Estate NOW Convention. The following is a synopsis of his presentation:
"It's Not Easy Being Green"
As I look at the new agents entering into the industry it would seem there are certainly more than 10 items necessary to keep agents on the straight and narrow and out of trouble. To contribute to their success and help them build a strong positive reputation. The best advice that can be given before reviewing the list is; READ, STUDY AND UNDERSTAND THE INTENT OF THE "CODE OF ETHICS AND STANDARDS OF PRACTICE". There are 17 articles of the Code of Ethics. 1-9 concern the duties to clients and customers. 10-14 concern the duties to the public and 15-17 concern the duties to other Realtors. While reviewing complaints to the Association and Real Estate Commission the preponderance of complaints are covered in the following:
- COMMUNICATION
- lack of COMMUNICATION
- not timely COMMUNICATION
- not verified or factual COMMUNICATION and
- incomplete COMMUNICATION between the agent and the buyers, the agent and the sellers, the agent and the cooperating agent, the agent and title company, mortgage company, etc.
You get the idea. Advise, Disclose, Know the Facts (or get them, do not "wing it")
- DOCUMENTATION IN WRITING
(A hint here is to write contracts to get them settled, NOT just to get them ratified!)
- Article 9 calls for copies to be provided to your clients at signing: This includes Listings & Changes (don't forget net proceeds), any/all Price Reductions, Seller Assistance, Chattels, Extras, etc.
- All contracts & addendums are to include all pertinent terms, counter offers, changes, extensions, rent backs, pre-occupancy, etc.
- Agency agreements & all documents pertaining to For Sale By Owners (FSBO's)
- FAIR HOUSING
(article 10)
- Provide equal professional services to all regardless of race, color, religion, sex, handicap, familial status or national origin.
- DO NOT volunteer information on the racial, religious, or ethnic composition of neighborhoods.
- IF DISCRIMINATION BECOMES AN ISSUE, SEPARATE YOURSELF FROM THE TRANSACTION.
- BUYER AGENCY DOES NOT ESTABLSH PROCURRING CAUSE!
- An agency agreement is not grounds for arbitration. (You may have to turn to the civil courts for enforcement and payment)
- For new construction, register your clients before or at the time of your first visit! Many
factors are considered. A chain of events leads to procuring cause.
- TIMELY TRANSACTIONAL ACTIONS
- Be aware of the "Time is of The Essence" clause
- Stay abreast of the contractual timetable
- Ensure performance of mortgage applications, home inspections, mortgage commitments, appraisals, repairs, well, septic, termite, certifications, contingency requirements, re-inspections and walk-through inspections (this list is not to be considered all-inclusive)
- DOCUMENTATION KEPT CURRENT
- All documentation (i.e. contracts, listings, buyer broker agreements, leases, etc.) must be current and not allowed to lapse unintentionally.
- Accomplish this through addendums, extensions, re-listing, etc.
- Plan ahead - Keep it Current!
- DO NOT PRACTICE LAW
- Avoid making legal opinions or giving legal advice (even though you think you know the answer - advise the client/customer to seek legal
opinion)
- Avoid the practice of hand writing addendums. Use your company addendums and fill in the blanks or seek legal advice.
- remember contingencies have two parts
- the contingency of what, when & how to satisfy
- what happens if the contingency is not satisfied.
- KNOW WHO THE PRINCIPALS ARE!
This seems like a no-brainer. But, over and over again you will encounter a cooperating agent who says, The sellers/buyers will not, or The sellers/buyers can't, or we can't, we won't, I won't etc. Ask that agent if their name in on the contract. Ask if they are a principal to the contract. It goes back to number one, Communication as agents, we are simply a conduit for information.
- KEEP & MAINTAIN COMPLETE FILES AND MAINTAIN NOTES!
- most transactions start out fairly smooth, start notes now!
- you never know when a transaction will turn "sour"
- It will be hard to go back and reconstruct notes about events in an unbiased manner once the trouble starts.
- put several sheets of paper in the back of the folder and keep a running log.
- INDUSTRY & PRODUCT KNOWLEDGE
As new agents enter the industry, they ride on the reputation of those before them. Within a relatively short period of time, those in the industry will be known by the newer agents now established reputation. Guard and nourish your reputation wisely. Avail yourself of your company's training, association sponsored training, state & national association training. Seek to broaden your knowledge base. Read local & national publications and newspapers. Strive to attain the national designations; CRS, GRI ABR & LTG. Pursue your professional growth! This has been a lengthy article about items we should all know about and adhere to. But after all, "IT'S NOT EASY BEING GREEN!"
You Be the Judge
Client A listed a small house with REALTOR® B who obtained an offer to buy it and a deposit in the form of a check for $2,000. Client A agreed to accept the offer, then heard nothing from REALTOR® B, the listing broker, for three weeks. At that time REALTOR® B called him to say that the sale had fallen through and that the buyer's check had been returned by the bank marked "Not Sufficient Funds."
Client A complained to the local Board of REALTORS® against REALTOR® B charging him with dilatory and unprofessional conduct and apparent unfamiliarity with essential facts under laws governing procedures in real estate transactions.
At the hearing, it was established that two days after making the offer the buyer had refused to sign escrow instructions, and that REALTOR® B had not deposited the buyer's check until ten days after receiving it.
REALTOR® B's defense was that since the return of the check he had received numerous promises from the buyer that it would be made good, and that the buyer's reason for refusing to sign escrow instructions was to give the buyer's attorney time to read them. Questioning during the hearing established that the check had not been made good, the escrow instructions had not been signed, and that the delay had caused great inconvenience and possible loss to Client A.
The Hearing Panel concluded that REALTOR® B should have deposited the check immediately, in which event it would either have been accepted, or its NSF status could have been known and reported to the client at once; that REALTOR® B should have advised his client immediately of the buyer's refusal to sign escrow instructions; that in this negligence REALTOR® B reflected a lack of adequate knowledge of essential facts under laws governing real estate transactions, and was in violation of Article 1 of the Code of Ethics, having failed to protect the client's interests.
Welcome new Members
Compiled by Carole Davis (January 15, 2003-February 21, 2003)
Affiliate Members
Diane Church, Sunshine Mortgage
Chris Guthrie, Fidelity & Trust Mortgage
George Heaton, Capital Mortgage Finance Corp.
Harry Lindsley, Lending Services, Inc.
Eugene Naughton, Sentinel Title Corp.
Suzanne Scales, AccuBank Mortgage Corp.
REALTOR® Members
Wilfred Auber, Coldwell Banker Res. Brokerage
Carole Azar, Long & Foster
Thomas Baugher, Long & Foster
Tara Belch, Long & Foster
Karen Mignon Bennett, Re/Max Exclusive
Mary Frances Berger, Long & Foster
Linda Blackwood, Champion Realty
Krista Brezina, Bayshore REALTORS®
Timothy Brown, Long & Foster
Brenda Bruce, Champion Realty
Archie Carr, Century 21/Results Realty
Connie Carter, Prudential Carruthers
Andrew Cencarik, Champion Realty
Sterling Coxson, Jr., Long & Foster
Cynthia Davis, Re/Max Innovations
Thomas Dawkins, Jr., Homefinders.Com, Inc.
Luigi DeGennaro, Long & Foster
Robin Deal, Investors Real Estate, Inc.
Terri Droneburg, Prudential Carruthers
Amy Duty, Champion Realty
Elise Egan, Long & Foster
Dick Esposito, Home Buyers Unlimited
Kimberly Fisher, Long & Foster
Robert Fraser, Jr., Prudential Carruthers
Antonio Gargano, Re/Max Classic
William Gargano, Re/Max Classic
Walter Giera, Long & Foster
William Griffin, II , Century 21/ Results Realty
Mary Haley-Amen, Long & Foster
Lucretia Harris, Prudential Carruthers
Paul Harris, Long & Foster
Ann-Marie Hartless, Long & Foster
Michelle Hastings, Long & Foster
Melissa Hosse, Don Gurney GMAC
Carl Jablon, Prudential Carruthers
Patrick James, Jr., Champion Moss Realty
Christopher Jones, Re/Max Innovations
N. Andrew Kim, Champion Moss Realty
Kapy Leddy, Century 21/Bay Area Realty
Tracey Leibig, Prudential Carruthers
Lacey Lemmon, Prudential Carruthers
Michael Maier, Champion Realty
Linda Matassa, Champion Realty
Dennis McArdle, Long & Foster
Gebrette Miles, Long & Foster
Timothy Moore, Champion Realty
Russell Morgan, Jr., Long & Foster
Leena Nathan, Long & Foster
Mary Newcomb, Don Gurney GMAC
Ruth Noseworthy, Long & Foster
Arthur Peterson, Long & Foster
Jean Phillips, Champion Realty
Sarah Prouix, Don Gurney GMAC
Susan Rahn, Long & Foster
Mary Rayburn, Advance Realty, Inc.
Tom Richardson, Long & Foster
Christine Robertson, Long & Foster
Bernett Robinson, Long & Foster
Gregory Rock, Sr., Advance Realty
Mistie Ruby, Long & Foster
Jules Sabeborio, Long & Foster
Michael Shiflet, Don Gurney GMAC
Lillian Smith, Long & Foster
Monica Smith, Davidsonville Realty, Inc.
Margaret S.Smith, Coldwell Banker Res. Bkg.
Karen R.Smoot, Coldwell Banker Res.Bkg.
Holly Taranto, Re/Max One
Crystal Terrell, Coldwell Banker Res. Brokerage
Melissa Lynn Thomas, Homes & Lands Realty
Evelyn Thomas, Champion Realty
Maria Venizelos, Re/Max Exclusive
Kevin Yu, Re/Max Legend REALTORS®, Inc.
Updated Health Insurance Benefits for MAR Members
In the last issue of our newsletter, we published information on health insurance benefits for MAR members, as posted on the MAR website. This has changed, and the correct information from Lois Bates of Benefit Choices, Inc. follows
MARYLAND ASSOCIATION OF REALTORS® MEMBER BENEFITS
HEALTH INSURANCE
Health insurance for you and your family. Get the best medical insurance coverage for you and your family with the REALTOR program. Choose from several medical insurance plans, including BlueCross/BlueShield and Kaiser. Life Insurance, Dental and Vision are also available.
INSURANCE INFORMATION
MAR selected Benefit Choices, Inc. to serve as your benefit advisor and administrator, and to act as your advocate with the insurance companies and provide answers to any questions you might have.
The benefits available to you if you are a member of MAR include:
- MEDICAL Available within 60 days of becoming a Member of MAR
BlueCross/BlueShield Comprehensive Major Medical (Medically Underwritten)
You may see any doctor you wish, no networks or need for Referrals in order to see specialists. Choice of deductibles.
BlueCross/BlueShield *Guaranteed Issue Major Medical (No medical underwriting)
You may see any doctor you wish, no networks or need for Referrals in order to see specialists.
*Certain criteria must be met to qualify for this plan
CareFirst BlueChoice HMO (Medically Underwritten) Large Network of Doctors Choice of Office Visit Copay
Kaiser Permanente HMO (Medically Underwritten)
Large Network of Doctors Choice of Office Visit Copay
DENTAL & VISION BlueCross/BlueShield Network and Traditional
Plans (Available only in conjunction with Medical coverage)
LIFE & AD&D USLife - Offers Guarantee Issue Life and AD&D up to $40,000, with Additional life benefits available with medical underwriting.
All of these plans are available to MAR members without Medical Underwriting or Pre-existing Condition Limitations. (limitation first 2 years, full benefit thereafter)
Learn more about these benefit programs by contacting Lois Bates @ Benefit Choices, Inc. (1-800-456-6033) or visit their Website (www.benefitchoicesinc.com) and click on MAR
Congress Has Spoken Banks Do Not Belong in Real Estate
The National Association of REALTORS® announced today that the omnibus spending package passed by the U.S. House and Senate last night includes a provision that prohibits the U.S. Department of Treasury from finalizing a rule that would allow banks to enter the real estate business. This is a major victory for REALTORS®, consumers and communities everywhere and is a testament to the sustained, proactive grassroots activities of local REALTORS®.
Banking conglomerates are seeking permission to sell and manage real estate via a proposed rule before the Federal Reserve Board and Treasury. However, the proposed rule is contrary to what Congress intended when it passed the 1999 Gramm-Leach-Bliley Act. The budget provision, which was inserted at the behest of U.S. Rep. Anne Northup (R-Ky.), specifically precludes the Treasury Department from using any funds to implement the rule in fiscal year 2003, which ends Sept. 30.
Legislation that would amend the Bank Holding Company Act and permanently prohibit big banks from entering the real estate business was reintroduced last month with strong momentum and the same level of bipartisan support the bill gathered in the last Congress. Over 175 members of the House and 10 Senators have signed onto the Community Choice in Real Estate Act (H.R. 111, S. 98) since it was introduced Jan. 7 by Reps. Ken Calvert (R-Calif.) and Paul E. Kanjorski (D-Penn.) in the House and Sens. Richard Shelby (R-Ala.), Wayne Allard (R-Colo.) and Hillary Rodham Clinton (D-N.Y.) in the Senate.
"Last night's votes on the floors of the House and Senate send a clear and strong message to the Treasury that Congress never intended to mix banking and commerce. Both houses of Congress have spoken and officially declared their intent to keep banks out of real estate. We are hopeful that Treasury will deny the rule. We continue to believe that the banks cannot obtain through regulation that which they obviously cannot get through legislation," said 2002 NAR President Martin Edwards.
"We want to thank Congress and the hundreds of thousands of Realtors® who've responded to our calls for action for all their support that made this victory possible. While last night's votes were a tremendous step forward, we expect momentum for the stand-alone bill to grow even stronger as Realtors® continue their regularly scheduled visits with their local congressional delegation," said NAR President Cathy Whatley.
NAR believes that congressional support for keeping banking conglomerates out of real estate also will mount this year in light of the recent accounting scandals and recent allegations that firewalls between different but separate bank activities have been violated.
A chorus of consumer, community and small business advocates have also voiced their support because they agree that if big banks were allowed to take over local real estate businesses, there would be a negative impact on communities across America, leaving home buyers and sellers with fewer choices, higher loan fees and reduced customer service.
"Housing continues to be the leading sector of our economy. Approximately 68 percent of new growth in our gross national product (GNP) last year was housing-related. We're thrilled that Congress agrees that America as a nation simply cannot afford to allow big banks to take over the real estate business, which has been the leading pillar of our economy," Whatley said.
Organizations that have voiced support for the Community Choice in Real Estate Act include the Building Owners and Managers Association, CCIM Institute, Consumers Union, Institute of Real Estate Management, International Council of Shopping Centers, National Affordable Housing Management Association, National Association of Home Builders, National Association of Industrial and Office Properties, National Auctioneers Association, National Fair Housing Alliance, National Federation of Independent Business, National Leased Housing Association and the National Community Reinvestment Coalition.
Convention & Meeting Updates
Mark your calendars now to attend the 2003 NAR Midyear
Trade Expo in Washington, D.C., May 14-16.
Don't miss your opportunity to test-drive the latest mobile, home and office technology that will keep you in touch with your prospects and make your presentations memorable. Check out the latest sales and marketing tools to increase your bottom line. The trade expo features over 300 booths with products for all real estate specialties including computer hardware, software, Internet products, sales and marketing tools, financial programs, education products and much more! Even better, admission is FREE to all REALTORS. Complete details and online registration will be available on www.REALTOR.org/Midyear.nsf beginning February 12.
The 2003 Midyear Meetings & Trade Expo includes
Governance Meetings
Legislative Activities and a Trade Expo
There is no registration charge for Governance or Legislative Activities or for admission to the Trade Expo. Be sure to schedule time to visit the Midyear Trade Expo for new ideas, products, and services to increase your productivity. Click the Trade Expo tab at the top of this page to learn more about Trade Expo and who is exhibiting... and find out how you could win a new car!
REALTOR® Magazine Seeks Entries for 2003 Good Neighbor Awards: Grants Increased to $7,500
REALTOR® Magazine, the official publication of the National Association of Realtors®, is seeking nominations for its fourth annual Good Neighbor Awards. The program recognizes Realtors® whose extraordinary commitment to community service has helped make their community a better place to live. In November, five winners will be announced in REALTOR® Magazine and will be recognized at the 2003 Realtors® Conference & Expo in San Francisco. The winners will receive travel expenses to the convention, national media exposure for their community cause, and a $7,500 grant-which is up from $5,000 last year. In addition to the winners, five honorable mentions will each receive a $1,500 grant. Last year's program drew more than 260 entries.
NAR President Cathy Whatley said the Good Neighbor Awards has given NAR the opportunity to honor some of the many Realtors® who give of themselves to improve the quality of life in their communities.
"These are not people who seek the spotlight. But the tremendous responses to the program demonstrate how Realtors® all across the country embrace many worthy causes and are committed to doing so much more to help their neighbors in addition to marketing real estate.
Last year's winners, who contributed a combined total of nearly 5,000 hours to their causes, drew a standing ovation at the conference general session, a meeting of 6,000 Realtors®. The 2002 winners were Hal Ehretsman, Chartwell Group LLC, Cleveland, who as a basketball coach and mentor has helped inner-city teens earn more than $10 million in college scholarships; John Green, John M. Green, Realtors®, Franklin, Tenn., who as a Scoutmaster has mentored young men for the Boy Scouts of America for 50 years; Linda Norton, Coldwell Banker Residential Brokerage, Fort Collins, Colo., who has helped create more than 1,000 units of affordable housing; Cynthia Shafer, Lahaina Realty Inc., Fort Myers Beach, Fla., who serves as a court-appointed volunteer advocate for abused and neglected children; and Annemarie Torcivia, RE/MAX Real Estate Specialists, Malden, Mass., who founded an organization in which Realtors® help local families in crisis.
"We hope the magazine's Good Neighbor Awards will inspire Realtors® everywhere-a family of more than 840,000 professionals-to give a little more or a lot more to help improve the quality of life in their communities," REALTOR® Magazine Editorial Director Pamela Geurds Kabati said. "This award program is fundamentally about recognizing and encouraging the power of one person to make a difference in the lives of others."
REALTOR® Magazine's Good Neighbor Awards is sponsored by eNeighborhoods Inc., Fannie Mae and ConnectingNeighbors.com.
"As founding sponsor of the Good Neighbor Awards, I get excited at this time of year to learn about the truly amazing things that Realtors® are accomplishing at the grassroots level in their communities," says Stu Siegel, CEO of eNeighborhoods Inc., who has also personally contributed to the program through The Stuart & Jill Siegel Foundation. "I've found that the most successful Realtors® are those who give back to their communities, and integrate community service with their day-to-day businesses in incredible ways."
Good Neighbor Awards entries must be received by Wednesday, May 28, 2003. For more details and a nomination form, call 800/874-6500 or visit the Good Neighbor home page at http://www.realtormag.com/rmodaily.NSF/pages/goodneighborhomepage?OpenDocument
eNeighborhoods Inc., of Boca Raton, Fla., is the industry leader in providing easy access to neighborhood information for every community in the United States. Real estate professionals who use this REALTOR VIP® benefit continually exceed their clients' expectations by providing consumer-friendly information about neighborhood demographics, public and private schools, housing values and trends, crime rates and climate.
Fannie Mae is a private, shareholder-owned company based in Washington, D.C., that provides financial products and services that make it possible for low-, moderate-, and middle-income families to buy homes. Since 1968, Fannie Mae has helped more than 43 million families achieve homeownership.
ConnectingNeighbors.com, Walled Lake, Mich., is the country's most experienced creator of Web-based venues that connect residents in individual neighborhoods. Connecting Neighbors Web sites, which allow residents to place free classified ads and announcements, are thoroughly screened for all content. Real estate professionals sponsor the sites as a service to residents and use them as a powerful marketing and farming tools.
REALTOR® Magazine is the award-winning magazine of the National Association of Realtors®, Chicago.
The National Association of Realtors®, "The Voice for Real Estate," is America's largest trade association, representing more than 840,000 members involved in all aspects of the residential and commercial real estate industries.
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