Individual Highlights:

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WRA info

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Articles:

Members on the Move

Calendar of Events

Announcements

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Sheboygan County Board of REALTORS ®

2018

BOARD OF

DIRECTORS

PRESIDENT

Renee Suscha

PRESIDENT ELECT

Lisa Darr

TREASURER

Linda Serrano

NMLS #441416

SECRETARY

Bridgett Neu

DIRECTORS

Kathy Nonhof

Candace Geiger

Deena Bergstrom

Sue Toerpe

Nate Nennig

Leah Wagaman-Colon

Derrick Hermann

NMLS #802725

(Affiliate director)

Connie Conrad

(Past President)

EXECUTIVE OFFICER

Jackie Kaiser

President’s Message

On March 20, 2018, the Wisconsin Legislature adjourned and ended the 2017-18

legislative session. In the end, the WRA passed 68 top legislative priorities on a variety

of issues affecting all sectors of the real estate industry. Here are a few new things you

can expect to hear more about later this year:

Condominium document fees (2017 Wis. Act 303): Places the following caps on the

fees that can be charged for documents related to the sale of a condominium:

* $50 cap for condominium disclosure documents, but allows higher fees to be

charged if established by the condominium association.

*Prohibits a fee for a payoff statement unless a reasonable fee has been established

by the condominium association by resolution or written agreement.

Executive summary for condominium rules (2017 Wis. Act 303): Requires the

executive summary related to condominium rules to include the following:

*A date on which it was prepared or revised.

*The amount of the reserve balance.

*A disclosure as to whether the condominium association has a first right to

purchase the condominium unit.

*A disclosure as to whether any fee was charged and the amount in connection to

the transfer of the unit’s ownership.

Seller pre-agency (2017 Wis. Act 110): Requires a listing contract if the seller’s

property is being promoted or advertised for sale or for lease.

Advertising of firm name (2017 Wis. Act 110): Requires the firm’s name to be clear

and conspicuous in all advertising.

Negotiations relating to personal property (2017 Wis. Act 110): Clarifies that

licensees may negotiate the sale, exchange, purchase or rental of personal property

when incidental to the transaction.

Real estate condition report (RECR) (2017 Wis. Act 338): Redesigns the RECR to

create a more seller-friendly document to complete by reformatting and reorganizing

the disclosures.

Seller disclosures (2017 Wis. Act 338): Reduces liability for real estate licensees by

adding various disclosures to the RECR including:

*Insurance claims: Any insurance claims filed related to damage to the home,

buildings or vacant land.

*Burial sites: Any known burial sites located on the property.

*Water quality issues: Any known water quality issues related to unsafe

concentrations or conditions relating to lead.

*Rented items: The presence of any rented items on the property such as water

softeners.

Renee

Members on the Move and New Members

Amanda Grunewald has joined Pleasant View Realty.

Larry Joas is now with Village Realty & Development.

Gabriella Tuminello has joined Shorewest Realtors.

Laura Jensen had joined Shorewest Realtors.

Brenda Schaller is now with Wynveen & Associates.

Bill Cain and Re/Max Realty Plus is no longer with the Sheboygan Board.

Katy Cain and Avenue Real Estate is no longer with the Sheboygan Board.

Joa Cain is no longer with the Sheboygan Board.

Nick Cain is no longer with the Sheboygan Board.

Jenna Klinger is no longer with the Sheboygan Board.

Donna Krueger is no longer with the Sheboygan Board.

Calendar of Events June 6 Professional Standards Class 8:30-3:00 June 13 Board Office closing at Noon for AE Education June 14-15 Board Office closed for AE Education June 17 Father’s Day June 20 BOD Meeting 11:00 June 21 Summer Begins

METRO NEWS

Be sure to keep up to date with the Flex system:

(Do we have you right email? You should receive the updates and tips each month)

For flexMLS Quick Tips

http://www.metromls.com/node/18

For MLS Support

support@metromls.com

For FYI issues:

http://www.metromls.com/node/283

For training class schedule

http://mlswis.com/calendar

SAVE THE DATE

June 6, 2018 Professional Standards Class

July 11, 2018 General Membership Meeting

July 25, 2018 CE C

September 17-18, 2018 WRA Convention, Kalahari Resort, Wisconsin Dells

October 1-2, 2018 CRS: Effective Buyer Sales Strategies ***

*** Register at WRA, class held at the Board Office

6 Tips for Keeping Your Marketing Legal

Make sure you aren't inadvertently violating the Fair Housing Act or state and local fair housing laws with your Facebook ads. May 2018 | By Erica Christoffer

In light of allegations that Facebook enables housing discrimination by allowing real estate advertisers to exclude audiences protected under the Fair Housing Act, here are some tips for making sure your marketing on the social platform is legal and ethical. 1. Never use targeted marketing that excludes a specific protected class on a listing, says NAR’s Deputy General Counsel Lesley Walker. You also can’t depend on Facebook as your only advertising tool because its algorithm does not guarantee that a broad section of the population will see your ad, even if your targeting isn’t exclusive. She says to put your listing in the MLS, on major real estate platforms like realtor.com®, and even in your local newspaper. 2. Know your state and local fair housing laws, because they may include more protected classes than the federal Fair Housing Act. Make sure your marketing is in compliance with all of these laws. For advertisers, Facebook has chosen not to protect advertisers from liability, says Rachel Goodman, staff attorney with the ACLU Racial Justice Program. “Although it will differ somewhat depending on facts and context, the general rule is that the user can always be liable and the platform will be liable in some, but not all, circumstances,” she says. 3. Considering working with a digital marketing firm or hire an individual who can do this exclusively for your company. Digital marketing expert Nathan Dadosky says the advantage is having an expert who’s working in the ad manager to build campaigns daily. Digital marketers are more up-to-date on the changes Facebook makes, which are happening more frequently. It will also save you time. “Everyone has their zone of expertise and knows what they’re good at,” Dadosky says. “Leverage the expertise of someone else and focus on what you’re great at.” 4. Even if your listing is on the MLS, it might not be visible to a segment of the market. If part of your market isn’t reached by the MLS, use other methods to reach those people, says Fred Underwood, NAR’s director of diversity and community outreach programs. “That’s a really important piece,” he says. 5. If you see a post that could be a fair housing violation by someone else, don’t engage, comment, like it, or click on it. Get a screenshot and report it to your local association before it’s deleted, says Chicago-based managing broker and trainer Carrie Little. 6. Brokers must require consistency in how agents market. For example, if one agent requests an “Equal Housing Opportunity” logo on their business card, then everyone in the office should have it, says Helena Grossberg, broker-owner of ALM Realty & Services Inc. in Miami. As a certified real estate instructor and member of Miami REALTORS®’ professional standards and grievance committees, she says this consistency must extend to social media as well. For example, Facebook recently changed the algorithm of its news feed, lessening the organic visibility of business pages. As a result, if agents start posting listings from their personal page on a regular basis, then all the rules of a business page still apply, Grossberg says, and agents should include their brokerage information. “As a broker, I will be watching with greater scrutiny,” she says.

Professional Standard Training 2018

Wednesday, June 6, 2018

St. Peter Lutheran Church

Fellowship Hall

2104 Geele Ave. Sheboygan (corner of 21st & Geele Ave)

8:30 am – 3:00 pm

Lunch will be provided.

AGENDA

The 2018 Sheboygan Professional Standards Training for committee members will

be an interactive day of education.

Mediation and Ombudsmen

What is an ombudsman you ask? As of 2016 every REALTOR® association is required to provide ombudsman services. This year’s training will look at mediation, the preferred REALTOR® dispute resolution technique, and the addition of REALTOR® ombudsmen services.

Ethics

Training will be interactive training using case scenarios. The morning program will focus on the role of the ethics grievance committee and ethics hearing panels. The participants will process an ethics complaint from start to finish, including drafting findings of fact.

Arbitration and Procuring Cause

The afternoon session will look at Article 17 of the Code of Ethics and brokers’ duty to arbitrate contractual and certain non‐contractual disputes. The training will help partici-pants identify what disputes may be arbitrable and which are mandatory or voluntary. Followed by a discussion about procuring cause.

Registration: The 2018 Professional Standards Training is free. Register by June 1, 2018

Name: ______________________________________________________________________

Firm Name: __________________________________________________________________

Address: ____________________________________________________________________

Advertising — Signs QUESTION: This two-part question is in regards to the authority to advertise. 1) What to do about “for sale” signs after the listing expires? 2) What to do with “sold” signs after the transaction closes? ANSWER: Authority to Advertise The pre-printed listing contract provides a location for the broker to identify his or her marketing of the property. Commonly the broker agrees to place a “for sale” sign on the property. The authority to advertise the property would extend through, but not beyond, the term of the listing. Recent changes in license law provide a licensee must have a listing to advertise a property or have the permission of the listing broker. Wis. Stat. § 452.136(3) now states: ADVERTISING WITHOUT AGENCY AGREEMENT PROHIBITED. A firm and any licensees associated with the firm may not advertise a property unless one of the following applies: (a) The firm is the listing firm for the property. (b) The firm or a licensee associated with the firm has obtained consent to advertise the property from the listing firm for the property. Due to § 452.136(3) and the REALTOR® Code of Ethics, the listing broker should be motivated to quickly remove a “for sale” sign after the listing expires or the transaction closes, or risk complaints to the DSPS or the local REALTOR® association. Article 12 of the Code of Ethics provides, in part, “REALTORS® shall be careful at all times to present a true picture in their advertising and representations to the public.” Without a current valid listing, a “for sale” sign on a property would not portray a true picture. In addition, Standard of Practice 12-3 provides, “REALTORS® shall not offer for sale/lease or advertise property without authority. When acting as listing brokers or as subagents, REALTORS® shall not quote a price different from that agreed upon with the seller/landlord. (Amended 1/93)”

Although Standard of Practice 12-8 is specific to information on websites, the concept of current information is

informative: The obligation to present a true picture in representations to the public includes information presented,

provided, or displayed on REALTORS®’ websites. REALTORS® shall use reasonable efforts to ensure that

information on their websites is current.

When it becomes apparent that information on a REALTOR®’s website is no longer current or accurate, REALTORS® shall promptly take corrective action. (Adopted 1/07)

Therefore, “for sale” signs on a property would need to be removed when the listing contract expires or at the time of closing.

Sold Signs

Wis. Stat. § 452.136(3) and the Code of Ethics also apply to the use of “sold” signs. The law states licensees shall not advertise in a manner that is false, deceptive, or misleading.

Standard of Practice 12-7 previously limited the use of the word “sold” in advertising to the listing broker. Effective 1/1/96, the Standard of Practice now provides that, “REALTORS® who participated in the transaction as the listing bro-ker or cooperating broker (selling broker) may claim to have ‘sold’ the property. Prior to closing, a cooperating broker may post a ‘sold’ sign only with the consent of the listing broker.” The references to cooperating brokers in this stand-ard include selling brokers (subagents) and buyer’s brokers. Accordingly, there may now be two different brokers claim-ing to have “sold” the same property: the listing broker and the cooperating broker. After closing, any permission granted by the seller or listing broker to advertise the property for sale by posting a lawn sign is no longer effective because the property is now owned by the buyer. After closing, a “sold” sign could be placed on the property for a reasonable number of days following closing with the permission of the buyer. After closing, the Wis. Stat. § 452.136 rules would arguably not apply as the property is no longer being advertised for sale. Licensees must also be aware local laws or codes may also impact advertising and the placement of signs and will require review locally.

FTC Helps Small Businesses Strengthen Cyber Defenses

The Federal Trade Commission is launching a national education campaign to help small businesses strengthen their cyber defenses and protect sensitive data that they store. The FTC will develop and distribute reader-friendly educational materials with information about cybersecurity that small businesses need. “Small businesses understand the importance of cybersecurity and the need to protect their networks and data, but many feel overwhelmed about how to address the myriad of cyber threats they face,” said Tom Pahl, Acting Director of the FTC’s Bureau of Consumer Protection. “Our new campaign aims to help these small businesses with targeted, plain-language advice on everything from protecting against phishing scams to tips on what to look for when choosing a cybersecurity vendor.” Existing FTC resources include: Protecting Small Businesses: https://www.ftc.gov/about-ftc/bureaus-offices/bureau-

consumer-protection/small-businesses Start with Security: https://www.ftc.gov/system/files/documents/plain-language/pdf0205-

startwithsecurity.pdf Protecting Personal Information: https://www.ftc.gov/system/files/documents/plain-

language/pdf-0136_proteting-personal-information.pdf

Stick with Security: A Business Blog Series: https://www.ftc.gov/tips-advice/business-center/guidance/stick-security-business-blog-series

Among the issues that small business owners identified during the roundtable discussions were how to avoid phishing schemes, ransomware attacks and tech support scams as well as cybersecurity basics. Small business owners also wanted information about how to protect company mobile devices and a list of questions they should ask vendors to ensure their systems are secure. The FTC is creating up to a dozen sets of information on issues of importance to small business owners that will include training modules and videos.

Dealing with cyber threats

Steve Spano, president and COO of the Center for Internet Security, offered a warning while visiting NAR’s offices: Verify anyone you’re working with, including other agents or even buyers, because cyber-criminals impersonate others all the time — just one way they intercept money during a transaction. Spano visited NAR’s Washington offices to discuss techniques real estate professionals can employ to stay safe online. Listen to his comments at http://speakingofrealestate.blogs.realtor.org/2018/03/19/audio-dealing-with-cyberthreats/.

Business Email Compromise — Wire Transfer Fraud Update

“Business Email Compromise” is the term that law enforcement uses to describe fraud schemes wherein the perpetrator convinces the victim to send a wire transfer to a designated (fraudulent)bank account. The wire instructions are usually received via email, from an email account that appears to belong to someone the victim trusts. However, the email account is usually slightly, and almost imperceptibly, different than the sender’s legitimate email account. Brian Due, the WRA’s wire transfer fraud contact, will be retiring from his position as an FBI Special Agent on May 29. His squad is severely understaffed, so it’s unlikely any Business Email Compromise (BEC) schemes will be investigated by the Milwaukee FBI office for the foreseeable future. Agent Due recommends two things be done if someone becomes the victim of a BEC scheme in the future: First, make sure the victim reports the issue to their financial institution immediately, and that their financial institution promptly contacts the financial institution that received the wire. Second, the victim should report the fraud to www.ic3.gov. That website includes an online complaint form, but it doesn’t necessarily have to be filled out by the victim. A relative or friend of the victim can assist the victim in filing the report. Once filled, the ic3.gov staff will send the report to the appropriate FBI field office. The WRA received the following communication from Agent Due: “For time-sensitive issues, a person may call our field office directly at 414-276-4684, and when the recorded message starts, the caller can push “7” to talk to the operator. The caller should ask to speak to the Duty Agent (a different person acts as the Duty Agent each day), and if the wire amount is substantial (more than $50,000 at a minimum) and if it occurred less than 72 hours earlier, the caller should ask the Duty Agent to contact the White Collar supervisor as soon as possible, to determine whether the funds in the fraudulent account can be frozen. For amounts smaller than $50,000 or transactions more than 72 hours old, the issue should still be reported to www.ic3.gov (so that a record is established in case the funds are recovered at some point), but please keep in mind there is almost no chance that a case will be opened in our office under those circumstances. Currently, if the funds are frozen in the fraudulent account before they've been removed by the perpetrator, they will eventually be returned to the sending financial institution. However, that process can sometimes take 60 days or more. The receiving bank will almost always require that a "Hold Harmless" letter be issued by the sending financial institution. (This letter provides assurances to the receiving institution that the sending institution will reimburse them should it later be determined that the receiving account holder was legitimately entitled to the wired funds.) A couple of the larger financial institutions in the U.S. have recently made the decision that they will no longer issue Hold Harmless letters on behalf of their customers. This leaves victims with very little recourse, and will likely result in the need for victims to file civil litigation in an effort to reclaim their funds. As a result, it's very, very important that realtors and title company employees double down on efforts to make sure that their clients do not become victims of BEC schemes. Over the past six months, it's apparent that the perpetrators are adapting their scheme to target the buyers. We've seen a marked increase in the number of BEC schemes that involve fake emails sent to buyers, which appear to be coming from realtors or title company employees. (I received another report of a buyer being victimized as I was preparing this email.) So I would ask that you PLEASE stress to all of the buyers very early in the process that they should NEVER execute a wire transfer until they have telephonically confirmed the wire instructions through a trusted number belonging to their realtor or title company representative. Please keep in mind that the perpetrators could begin spoofing your phone numbers at some point, so the buyers should only rely on information they receive when THEY contact YOUR number (as opposed to calls they THINK they're receiving from their realtor or title company rep). And the buyers should not rely on phone numbers that they receive in emails - you'll need to find a more reliable method of providing your contact information to them. … It was easy to see why the victim in today's scheme was victimized. The perpetrator changed a "g" to a "q" in the domain name, and it was almost impossible to tell the difference. Here's an example (not the true one): Debbi@xyz-closinq.com (replacing the "g" with "q") I can't over-stress the importance of prevention, because if a person becomes a victim of a BEC scheme, and if several days have passed, it's very unlikely that their funds will ever be recovered.”

Happy Birthday to you

June 08 Dianne Hoffmann, Julie Kath June 09 Matthew Benson June 10 Teresa Denning, James Kapellen, Kevin Turkiewicz June 14 Roy Ramos June 15 Traci Fischer, Alison Manegold June 16 Octavio Arredondo, Shannon Madden, Robert Mayer June 18 Gail Kapellen June 20 Linda Wolf June 21 Kenneth Sonntag June 22 Tori Dietrich-Torres, Jana Gruttner June 24 Mary Hayward, Bridgett Nottestad Neu June 25 Susan Erdmann June 27 Laura Corrao, Lynn Kind June 28 Patrick Vaessen

IMPORTANT NUMBERS

Board Office….……….………..892-7908

Board Fax………………………892-2182

Email………….Jackie@RealtorsBoard.com

Website…………………realtorsboard.com

Facebook………..…………..click here

WRA (www.wra.org)……...(608) 241-2047

Members only………..….....(800) 279-1972

Legal Hotline…….…...........(608) 242-2296

Members only…..……….…(800) 799-4468

WRA Tech Helpline………..(866) 610-7997

MetroMLS………………....(414) 779-5400

Members only….………..…(800) 229-9211

Here are the phone numbers to contact your board of directors

when you have questions or concerns:

Renee Suscha 920-912-0459; Lisa Darr 920-912-2150

Bridgett Neu 262-224-7553; Linda Serrano (NMLS#441416 ) 920-694-3908

Sue Toerpe 920-254-7766; Candace Geiger 920-254-3478; Leah Wagaman-Colon 920-698-0661

Deena Bergstrom (920) 254-4146; Nate Nennig 920-627-0740;Kathy Nonhof 920-254-4784;

Derrick Hermann (NMLS#802725) 920-528-8385; Connie Conrad 920-918-0698

639 Walton Drive

Plymouth, WI 53073

www.RealtorsBoard.com

Phone: (920) 892-7908 Fax: (920) 892-2182

Email: Jackie@RealtorsBoard.com

realtorsboard@yahoo.com (MLS email only)

All articles are reprinted with permission from the National Association of REALTORS®,

Wisconsin Association of REALTORS® and the Multiple Listing Corporation