August/September 2012

p 12 REALTOR® Safety p19 Meet the Staff

Forward

Put YourBest

p 34

The Maryland Association of REAlToRs® www.mdrealtor.org The Voice for Real Estate® in Maryland

Consumer Website:WWW.MARYlANDHoMEoWNERsHIP.CoM

VolUME XlVI Number 5 AUGUsT/sEPTEMBER 2012

1. Our Parent Company, NRT, is ranked #1 in both closed residential units and sales volume in 2011 in the U.S. Data obtained by REAL Trends Survey, May 2012. 2. Coldwell Banker University is ranked #1 among all real estate companytraining programs nationwide and #9 among companies from all industries in Training Magazine’s 2012 Top 125 Training Organizations. ©2012 Coldwell Banker Real Estate LLC. Coldwell Banker is a registered trademark licensed toColdwell Banker Real Estate LLC. An Equal Opportunity Company. Equal Housing Opportunity. Owned And Operated By NRT LLC. 5969BALT-07/12

COnvEnTIOnAL ThInkInG:

COLDWELL BAnkER® ThInkInG:

Why Coldwell Banker?

Our team of professional sales associates is dedicated to creating exceptional real estate experiences for our customers by offering truly remarkable service and globalresources with a network of3,100 offices, spanning morethan 50 countries.

Marketing

We will ensure your effectiveuse of our breakthrough marketing systems andyour success as a ColdwellBanker associate by offering unparalleled marketingprograms. We offer prospectingto closing marketing systemsthat will make you stand outfrom the crowd.

Technology

Coldwell Banker recognizesthe need for a true Internetmarketing strategy that’s goingto help you sell homes withease and efficiency. We give youthe technology to find and talkto buyers online. From an easyemail system to featuring youon more than 550 websites, we have you covered.

#1 Training2

Coldwell Banker provides continuing education, givingour associates a competitiveedge and helping them build, maintain and grow their business.

Trusted Agents with the Right Tools for Smarter Decisions

CareersCB.com

If you hold a spot on America’s Top 1,000 list,you’re a real estate success.

If you hold 218 spots, you’re Coldwell Banker.

When it comes to real estate, nobody can touch Coldwell Banker.In a recent REAL Trends report ranking America’s top 1,000 residential real estate associates and teams, Coldwell Banker surpassed all other major real estate brands nationwide with 218of our professionals on the list. In fact, Coldwell Banker was 90.4%higher in sales volume than our nearest brand competitor!1

Learn why our sales professionals have achieved such success andhow you can earn your own spot on the list with Coldwell Banker.

For a confidential interview, please contact Greater BaltimorePresident Dean Cottrill at 410.480.1203.

5969_MD Realtor Ad_Layout 1 7/25/12 1:51 PM Page 1

3M A R Y L A N D R E A L T O R ® August/September 2012

To the staff and AEs at MAR and our local associations: thank you for

your strength and focus to help us do our jobs even better.

And to our Leadership Team, you are mentors, forward thinkers, and

thoughtful advisors for our association and each other. I thank you for

making this a wonderfully productive year.

Congratulations to incoming President Carlton Boujai and the 2013

Leadership Team. I know they can count on your support, just as I did.

I hope to see you in Ocean City, September 10-12 for the MAR Annual

Conference and EXPO. Visit www.mdrealtor.org to register. It’s the best

education and professional enhancement event in the region.

What an exciting and challenging year! It’s been an extraordinary

experience, serving as your 2012 President. I’ve learned that we come

together when the cause demands it, and REALTORS® all over Maryland

will unite to protect our industry and our public.

A year ago, I asked you to join me in fighting legislative efforts that

threaten to hurt our market, by making your voice heard in Annapolis and

Washington. You answered that call. We won one of our most difficult

legislative issues by defeating a proposal to reduce the Mortgage Interest

Deduction for Maryland Homeowners. You joined us in Washington, D.C.

to demonstrate our support of homeownership. You emailed, called and

rallied. In a challenging market, you supported RPAC and showed your

dedication to making our industry better.

We know that both our state and federal legislators will continue to look

at real estate for ways to increase revenue. I know we can count on all of

you to help us make them understand that a sound housing market is

essential to a thriving economy, and will contribute substantially to

revenues, as it has in the past, when allowed to recover.

As with all great organizations, our successes this year were achieved

through the hard work of many of you. I extend a special thank you to

local leadership and to all committee chairs and their committee members

for the tremendous progress made this year.

President’s PerspectivePatricia Terrill

REALTOR® Dedication Soars in Challenging Market

1. Our Parent Company, NRT, is ranked #1 in both closed residential units and sales volume in 2011 in the U.S. Data obtained by REAL Trends Survey, May 2012. 2. Coldwell Banker University is ranked #1 among all real estate companytraining programs nationwide and #9 among companies from all industries in Training Magazine’s 2012 Top 125 Training Organizations. ©2012 Coldwell Banker Real Estate LLC. Coldwell Banker is a registered trademark licensed toColdwell Banker Real Estate LLC. An Equal Opportunity Company. Equal Housing Opportunity. Owned And Operated By NRT LLC. 5969BALT-07/12

COnvEnTIOnAL ThInkInG:

COLDWELL BAnkER® ThInkInG:

Why Coldwell Banker?

Our team of professional sales associates is dedicated to creating exceptional real estate experiences for our customers by offering truly remarkable service and globalresources with a network of3,100 offices, spanning morethan 50 countries.

Marketing

We will ensure your effectiveuse of our breakthrough marketing systems andyour success as a ColdwellBanker associate by offering unparalleled marketingprograms. We offer prospectingto closing marketing systemsthat will make you stand outfrom the crowd.

Technology

Coldwell Banker recognizesthe need for a true Internetmarketing strategy that’s goingto help you sell homes withease and efficiency. We give youthe technology to find and talkto buyers online. From an easyemail system to featuring youon more than 550 websites, we have you covered.

#1 Training2

Coldwell Banker provides continuing education, givingour associates a competitiveedge and helping them build, maintain and grow their business.

Trusted Agents with the Right Tools for Smarter Decisions

CareersCB.com

If you hold a spot on America’s Top 1,000 list,you’re a real estate success.

If you hold 218 spots, you’re Coldwell Banker.

When it comes to real estate, nobody can touch Coldwell Banker.In a recent REAL Trends report ranking America’s top 1,000 residential real estate associates and teams, Coldwell Banker surpassed all other major real estate brands nationwide with 218of our professionals on the list. In fact, Coldwell Banker was 90.4%higher in sales volume than our nearest brand competitor!1

Learn why our sales professionals have achieved such success andhow you can earn your own spot on the list with Coldwell Banker.

For a confidential interview, please contact Greater BaltimorePresident Dean Cottrill at 410.480.1203.


19

4 M A R Y L A N D R E A L T O R ® August/September 2012

August / september 2012

table of contents

12

2834

F E A T U R E s 9 2013 MAR PREsIDENT CARlToN BoUjAI jR.

12 REAlToR® sAFETY

15 REAlToRs PRoPERTY REsoURCE® ADDs EXPANDED Tools FoR AGENTs AND BRokERs

19 MARYlAND AssoCIATIoN oF REAlToRs® Meet the Staff

26 THANk YoU 2012 CoNFERENCE sPoNsoRs

27 WEBINAR sCHEDUlE

28 MEMBER BENEFIT PRoGRAM UPDATE Light Your Way to More Savings

D E P A R T M E N T s

3 PREsIDENT’s PERsPECTIVE

6 MAR 2012 lEADERsHIP TEAM

30 REGUlATIoN NEWs Updating the Legislative Update CE Class

32 MARYlAND REAl EsTATE CoMMIssIoN NEWs Property Manager Legislation Postponed

34 sNIPPETs & INDUsTRY TIPs: FEATURE Put Your Best Digital Footprint Forward

37 CoMMERCIAl CoNNECTIoN Commercial Agency Law Update

38 MRIs UPDATE What’s New at MRIS-U?

40 FRoM THE HoTlINE Agency Disclosure Forms–There is No Magic Number

43 REsIDENTIAl sAlEs Housing Market Appears to be in Sustained Recovery

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F E A T U R E s 9 2013 MAR PREsIDENT CARlToN BoUjAI jR.

12 REAlToR® sAFETY

15 REAlToRs PRoPERTY REsoURCE® ADDs EXPANDED Tools FoR AGENTs AND BRokERs

19 MARYlAND AssoCIATIoN oF REAlToRs® Meet the Staff

26 THANk YoU 2012 CoNFERENCE sPoNsoRs

27 WEBINAR sCHEDUlE

28 MEMBER BENEFIT PRoGRAM UPDATE Light Your Way to More Savings

D E P A R T M E N T s

3 PREsIDENT’s PERsPECTIVE

6 MAR 2012 lEADERsHIP TEAM

30 REGUlATIoN NEWs Updating the Legislative Update CE Class

32 MARYlAND REAl EsTATE CoMMIssIoN NEWs Property Manager Legislation Postponed

34 sNIPPETs & INDUsTRY TIPs: FEATURE Put Your Best Digital Footprint Forward

37 CoMMERCIAl CoNNECTIoN Commercial Agency Law Update

38 MRIs UPDATE What’s New at MRIS-U?

40 FRoM THE HoTlINE Agency Disclosure Forms–There is No Magic Number

43 REsIDENTIAl sAlEs Housing Market Appears to be in Sustained Recovery

2012 Maryland Association of REAlToRs® leadership Team


Carlton J. Boujai Jr.President - ElectEXIT Realty Prosperity Group5300 Westview DriveSuite 105Frederick, MD [email protected]

J. Russell BoyceSecretary RE/MAX 10010665 Stanhaven Place White Plains MD [email protected]

Mary C. AntounChief Executive OfficerMaryland Association of REAlToRs® 200 Harry S Truman Parkway, Suite 200Annapolis, MD [email protected]

Cathy A. Werner Immediate Past President RE/MAX American Dream9414 Belair RoadBaltimore, MD 21236-1504410.529.7900Fax [email protected]

Patricia A. TerrillPresidentPrudential PenFed Realty7501 Coastal HighwayOcean City, MD 21842-2937410.524.7000Fax [email protected]

Maryland Association of REALTORS®

200 Harry S Truman Parkway | Suite 200Annapolis, MD 21401-7348

800.638.6425 | www.mdrealtor.org

Executive Leadership TeamPatricia A. Terrill | President

Carlton J. Boujai Jr. | President-ElectJ. Russell Boyce | Secretary

Carole A. Maclure | Treasurer Cathy A. Werner | Immediate Past President

Mary C. Antoun | Chief Executive Officer

EditorDeborah L. Hager | [email protected]

Advisory CommitteeRon Howard | Co-Chair

Lynette Bridges-Catha | Co-ChairYolanda Muckle | Vice Chair

Advertising & Publication DesignArt Comp & Design

Alison Cooper | Senior Designer1921 York Road, Timonium, MD 21093

410.252.4027, x103 | [email protected]

Mission StatementThe Maryland Association of REALTORS® exists to support all segments of its membership and their specialties. The Maryland Association of REALTORS®, through collective efforts with local boards/associations and the National Association of REALTORS®:

■ Develops and delivers programs, services and related products that maintain and elevate the high standards of the real estate business and the professional conduct of its practitioners;

■ Assists members in ethically and professionally serving the public;

■ Promotes and preserves the right to own, transfer and use real property; and

■ Protects the right of members to conduct business within a framework of fair and reasonable laws and government regulations.

In principle and in practice, the Maryland Association of REALTORS® values and seeks diversity and inclusive participation within the field of real estate and recognizes each member as a unique individual.

Maryland REALTOR® (USPS 0016-017) is published bimonthly by the Maryland Association of REALTORS®, 200 Harry S Truman Parkway, Annapolis, MD 21401-7348. Periodical postage paid at Annapolis and additional mailing offices. Postmaster send address changes to: Maryland REALTOR®, 200 Harry S Truman Parkway, Annapolis, MD 21401-7348.Member subscriptions of $3.81 are paid with annual dues.This publication is designed to provide accurate and authoritative information regarding the subject matter covered. It is offered with the understanding that the publisher is not engaged in rendering professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Articles that appear in Maryland REALTOR® are an informational service to members. Their contents are the opinions of the authors alone and do not necessarily represent those of the Maryland Association of REALTORS®.Permission to reprint articles appearing in Maryland REALTOR® magazine must be requested in writing. Also include purpose for request.While this magazine makes a reasonable effort to establish the integrity of its advertisers, it does not endorse advertised products or services unless spe-cifically stated. ©2010 Maryland Association of REALTORS®, Inc.

Carole A. MaclureTreasurer Pioneer Realty Inc.17304 Evangeline AvenueOlney, MD [email protected]

HOW ARE CENTURY 21® AGENTS LIKE THE U.S. NATIONAL SOCCER TEAMS? THEY’VE GOT THE STAND-MY-GROUND RESOLVE OF A DEFENDER. THE FIELD VISION OF A #10. AND THE GO-TO-GOAL MINDSET OF A STRIKER. ALL IN A SINGLE BODY. CENTURY 21 AGENTS.SMARTER. BOLDER. FASTER.SM

C 2 1 . C O M

©2012 Century 21 Real Estate LLC. All rights reserved. CENTURY 21® is a registered trademark owned by Century 21 Real Estate LLC. An equal opportunity company. Equal housing opportunity. Each office is independently owned and operated. ©2012 United States Soccer Federation Inc. All rights reserved.


Between his work with clients at

Frederick-based Exit Realty Prosperity

Group and his years of meetings

in Annapolis for the Maryland

Association of REALTORS®,

Carlton Boujai Jr. has already logged

180,000 miles on his ten year old car.

Soon he’ll really push it into high gear.

When Boujai assumes the presidency

of MAR in September, he’ll be charged

with navigating the 22,000-member

organization at a time when the very

concept of home ownership is under

political siege.

“Homeownership is under attack,” he

says. “At the legislative level, support

is being questioned as it never before

has been. We have to make sure the

opportunity to buy a home is there

for our children and grandchildren.”

Boujai is emphatic: “We have to work

at the local, state and national level

to do everything we can to protect the

American Dream.”

Maryland’s real estate industry has

been buffeted by enormous economic

and market shifts in the past few

years, making it challenging for even

the most seasoned professionals to

find their footing in an environment

dominated by distressed properties,

reluctant lenders and wary clients.

2 0 1 3 M A R P R e s i d e n t

Carlton Boujai Jr.


But Boujai, 65, remains undaunted.

He plans to traverse the state to

meet with all 17 local REALTOR®

associations to make sure he has a

firm handle on the issues most critical

to members, and to address their

concerns about the legislative battles

that the state association has been

waging. “We’ve been successful so

far. We’ve beaten back a proposal

to limit the state’s mortgage interest

and property tax deductions. But

I’m concerned this issue will rear its

ugly head again,” Boujai says. He

also noted lawmakers’ efforts to place

“onerous burdens” on homeowners

with septic systems and a proposal to

tax services, including real estate, that

the association has so far defeated.

Al Ingraham, MAR’s 2006 president,

has been a champion of Boujai’s rise

through the state leadership ranks over

the past 10 years, which included stints

as MAR’s treasurer and secretary.

“He is willing to tell people what they

don’t want to hear,” says Ingraham,

who works as a mortgage banker.

“But he always does it with a smile.

He has the kind of presence that makes

people stop what they’re doing to

listen to him,” says Ingraham.

Boujai launched his real estate career

24 years ago after a two-decade

military career. He trained to be

a MedEvac helicopter pilot after

graduating from A & T University

in Greensboro, North Carolina

in 1970 with a degree in business

administration. His first assignment

was to support the troops in

Darmstadt, Germany, where he spent

18 months in the pilot’s seat. He later

worked as a patient administrator in

military hospitals, including postings

in Fort Hood, Texas, Fort Polk,

Louisiana and Fort Detrick, where

he retired as a major in 1990. “The

military taught me discipline and to

pay attention to details. I learned how

to work with all kinds of people and

I enjoyed it. All of that has helped in

my real estate career.”

One of his first home sales was to a

military colleague from Fort Detrick,

Dan Richardson, who remains Boujai’s

close friend in Frederick. “The

industry needs someone like Carlton,”

Richardson says. “He’s not emotional

or impulsive. He’s deliberate in his

decision-making.”

Boujai, who grew up in Washington,

D.C. and Trenton, New Jersey,

attended a Catholic seminary high

school for three years, during which

time he considered becoming a priest.

“It set me up for a disciplined life,”

he says. “But I eventually realized

that the priesthood was not the life

for me.” He and his wife Saundra, a

social worker, have four children. In

his spare time, Boujai golfs as often as

he can, relishing his seven handicap.

“The sport is great for its professional

camaraderie and for relaxing.”

Going forward, Boujai plans to

encourage more extensive member

involvement with issues at the national

level. “We need greater participation

in RPAC and Calls for Action

organized by the National Association

of REALTORS®. “Right now only

25 percent of our Maryland

REALTORS® respond. That is

unacceptable,” he says.

As important as the legislative work is,

Boujai says that increasing the skill-level

of real estate professionals is also a top

priority. “We must raise the standard

of professionalism in our field. There

is so much more expertise required in

handling transactions nowadays,” he

notes. “More education, including

designations, will show our clients that

as REALTORS®, we offer a higher

standard,” says Boujai, who earned his

CRS and GRI designations in his first

five years as a REALTOR®.

Members need not fear that Boujai will

lose touch with the every day challenges

of practitioners, because he’ll remain

one throughout his presidency. He

plans to continue to take listings and

work with buyers, seeking help from

“We Must RAise the stAndARd of

PRofessionAlisM in ouR field.”

“MoRe educAtion, including designAtions,

Will shoW ouR clients thAt As ReAltoRs®,

We offeR A higheR stAndARd.”

11M A R Y L A N D R E A L T O R ® August/September 2012 11

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ALEX-2012-14564 MD_Realtor_Association_7.75x4.75_rev.indd 1 3/6/12 2:46 PM

an Exit Realty Prosperity Group colleague when he needs to. “If

I don’t produce sales, I don’t make a living,” he says.

Boujai sees momentum building in his Fredrick area market.

Halfway through the year, he has closed twice as many

transaction sides as in all of 2011. “Prices are stabilizing and

most people are doing better,” he notes. “I feel strongly that any

potential buyers who don’t make a purchase within the next two

years will regret it. Interest rates will be going up quicker than

many people expect.”

He has no illusions about the multiple demands on his time

during his presidency, but Boujai feels more than up to the task.

“One of the many things REALTORS® do well is work together

to support each other,” he says proudly. “I won’t be doing this

alone. I’ll have 22,000 REALTORS® helping me, and together

we will make our industry better.”

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The Real Estate Safety Council encourages every office to

implement a formal safety program. Each company should

implement procedures and education programs that include

everyone in the office.

Survivors tell us what

they would do differently if

they were given the chance.

SEPTEMBER


Three steps you

can do on your own

that could make a

difference, even if

your office does

not have a formal

safety program:

IdentIfy the

person you

are workIng

wIth before

you joIn hIm/

her alone,

In a car or a

house.

copy hIs/

her drIver’s

lIcense!

ASK PROSPECT TO STOP BY YOUR OFFICE and

complete the personal identification

form before going to a property. This

should be openly obtained, preferably in

the presence of an associate.

always

carry

your cell

phone,

program

911 Into

speed dIal,

and don’t

hesItate to

call for

help.

trust

your

InstIncts.

WHEN YOU HAVE NEW CLIENTS:

• Meet them in the office

• Verify his/her identity

• Get their car make and license

number

• Photocopy their driver’s license

• Complete the Client I.D. Form

Know who you are dealing with


VERIFY THEIR IDENTITYThis may entail calling

references; his/her place of

employment and verifying

his/her current address.

Information should be

retained at your office;

knowing that a name and

address are known may

discourage an assailant.

GET THEIR CAR MAKE AND LICENSE NUMBERIt’s easy to do, and it will

assist police in catching a

criminal or finding you if

you are abducted. If the car

is stolen, your prospect will

be reluctant to give you a

license number.

INTRODUCE THE PROSPECT TO SOMEONE IN YOUROFFICEA would-be assailant does

not like to be noticed or

receive exposure knowing a

person could pick him out

of a police lineup.

PHOTOCOPY OR SCAN THEIR DRIVER’S LICENSELegitimate clients do not

mind you copying their

driver’s license. We freely

show our license to the

clerk at the grocery store

when we write a check and

we show our i.d. to rent

a movie. We can expect

identification from our

client before we show a

home worth hundreds of

thousands of dollars.

OPEN HOUSE SAFETY TIPS

• Don’t advertise a listing as

vacant

• Establish escape routes

from each level of the

house

• Call the office or a buddy

hourly

• Keep your keys and cell

phone with you

• Park where you can get

out quickly

BE GUARDED WITH YOUR PERSONAL INFORMATION

• Your marketing materials

should be polished and

professional.

• Limit the amount of

personal information you

share.

• Use your cell number, not

your home phone.

• Use your office address

rather than your home

address.

• Avoid glamour shots,

predators may target you.Article excerpted from the


In its most recent release, RPR’s version 1.14 (Released June 2012), RPR implemented many improvements to the popular reports, including:

1. A new neighborhood Report: This report summarizes the neighborhood data that you find on the Neighborhood Details page.

2. custom Area Market Activity Report: REALTORS® have been asking for the ability to access market activity metrics from self-defined geographic areas, and now it’s a reality. Using the RPR maps and the search tools, it’s easy to create a custom search area that will be used for the Market Activity report.

Realtors Property Resource® (RPR)

for Agents and Brokers

Realtors Property Resource recently launched

its version 1.14 to REALTORS® throughout

the country. This was the third major release

of enhancements and expanded tools for

RPR in 2012. RPR has been available to all

REALTORS® in the MRIS market areas since

mid-2011, so let’s take a moment and review

the latest enhancements.

+

3. Refine Value detailed in Property Report: A new breakout section details the changes an agent made on the Property Details page to arrive at a Refined Value for a property.

4. license number on report covers: Gives you the option to enter your state license number in your Profile page, and when you generate a report for a street address or geography in that state, your license number will appear along with the rest of your contact information.

5. editable seller proceeds: Now prior to printing the Seller’s Report, REALTORS® using Adobe Reader can type estimates of the net proceeds, showing how much cash the Seller will receive at settlement.

RPR’s mission is to reinforce and support the core competence of REALTORS® and to insure that agents and brokers stay central to the real estate transaction in a

world of increasingly technology empowered consumers.

Early in 2012, RPR began the MyRPR website in order to allow RPR users from across the country to share stories of how RPR has helped to make them successful in their real estate businesses. In April, JoAnne Poole, Branch Manager with Prudential Homesale YWGC in Annapolis, Maryland shared her experience on RPR Broker Tools Sets and reports. “Going into RPR and being able to find it all in one place is a wonderful thing.” JoAnne goes on to say, “I have found that doing research through RPR, which has the latest resource and information, has proven very successful for me.”

Realtors Property Resource® Continued from page 15


Cathy Werner, Broker/Owner of RE/MAX American Dream in Baltimore Maryland, is RPR’s latest MyRPR Case Study. Cathy recalls a recent experience with RPR where she faced strong competition for a new listing and decided to use RPR for the leg-up. She was able to incorporate information about that property with the Realtors Valuation Model (RVM) and Cathy says “it took me less than 10 minutes to do.” She then emailed the report with a note to the Seller’s thanking them for the opportunity. It wasn’t long before she heard back from

the Seller she had received an A+ for effort. Not only did she get the listing, but it sold within 11 days for $5,000 over asking price. Cathy credits RPR with her success.

To see JoAnne’s and Cathy’s MyRPR videos, go to:

http://myrpr.com

As RPR moves to Q3 and Q4 0f 2013, there are even more tremendous tools coming to enhance the value of this NAR member benefit. RPR’s Commercial Application is in

Beta testing in multiple markets throughout the country, with an expected release later this year. RPR is also finalizing production of a suite of Appraiser Tools designed in partnership with the leadership of NAR’s Real Property Valuations Committee, which will begin Beta testing this fall. Also look for more enhancements to the Agents Tools, as well as Tools for MLSs and Associations.

For more information on RPR systems, features, training opportunities and more, go to: http://blog.narrpr.com

Realtors Property Resource® Continued from page 15

Visit us at rosedalefederal.com or call 410-668-4400.

Buying a home? There’s never been a better time to check out Rosedale Federal. We’re offering some of our lowest mortgage rates in years. And you can rest assured, your loan will stay right here, because we’ll never sell your loan

to out-of-town lenders. So call or visit us today, and let us be the fi rst to say, “Welcome home.”

NATIONAL ASSOCIATION of REALTORS®

H Indicates NAR President’s Circle member.Hall of Fame members are in orange. RPAC Major Investors as of 10/26/2011

THANK YOU 2011 Major InvestorsYou continue to advance the REALTOR® Party

GOLDEN RH Mary AntounH Bill ArmstrongTommy CarruthersH Bonnie CasperAdam CockeyH Jonathan CoileH Iona HarrisonH John HarrisonH Al IngrahamH Ilene KesslerH Carole Maclure Greater Capital Area Association of Realtors®

Maryland Association of Realtors® IncH JoAnne PoolePrince George’s County Association of Realtors® IncH Dale RossJoan RyderJay WebsterH Cathy WernerWayne Wyvill

CRYSTAL RThomas EarnestJane Fairweather

H Gloria FarrarGreater Baltimore Board of Realtors® IncHarford County Association of Realtors® IncHoward County Association of Realtors®

H Janice KirknerJill Pogach MichaelsMarc WitmanBilly Yerman

STERLING RCheryl Abrams Koki Waribo Adasi Cindy Ariosa

Jack BannisterGregory BennettTimothy BlanchfieldCarlton BoujaiAlease BowlesH Rus BoyceMelvina BrownH Richard BrownDesiree CallenderBoyd CampbellCarroll County Association of Realtors® IncMichael CerritoMichael ChelstJames ColeyJohn CollerH Nick D’AmbrosiaJoanne DarlingH Ronald DeemDistinguished Sales, Prince George’s CountyGary Ditto Brian DonnellanMelinda EstridgeRoger FairbournWes FosterWilliam FoxAaron HargroveJan HaydenKarol HessThomas HoughNancy HubbleH Harold HugginsBud HumbertMary Lou KaestnerAlexander KaravasilisBob KimballTim KnoblochJoseph LandersAlana LasoverJohn LesniewskiH Buzz Mackintosh

Shirley MatlockBrian MauryMarie McCormackDavid McIlvaineSharon McKennaLeigh Lawson-EverstineBarbara Miles Million Dollar Club of Howard CountyH Kenneth MontvilleMichael MoranJudy MorrisAnn MoxleyH Shelly MurrayCreighton NorthropMary Ann O’MalleyJoan OstensoSusan PrudenFred PumphreyThomas QuattlebaumReal Estate Million Dollar AssociationLeigh ReedRichard RhodesMarilyn RhodoviAshley RichardsonRandall RothsteinJoy SiegelBob SimonNancy SimpersKenneth SmallwoodCraig StrobelPatricia TerrillKevin TurnerGeorgiana TylerPatrick UlrichMeredith WeiselAnthony WilliamsTim Wood Women’s Council of Prince George’s CountyMichael Yerman


MeetStaffthe

MARYLAnd ASSOcIATIOnOF REALTORS®


President’s Perspective Continued from page X


AdministrationChief Executive Officer Mary Antoun has been the MAR top staffer since 1993. In addition to overseeing the Association’s operations, she works closely with volunteer leadership to develop and implement policies and initiatives to promote the real estate industry and private property rights. An attorney and economist, Mary believes the Association’s primary responsibilities are representing member interests before the legislature and advocating REALTOR® professionalism with members and the public.

Director Arlene Robertson and Executive Assistant Angela Leeper are responsible for the administrative functions of the Association. They keep the organization operating smoothly, from building operations to the Association’s management functions.

Arlene and Angela staff the “governance” committees—Executive, Bylaws, Nominating, and Strategic Planning. They also support the Board of Directors and General Membership meetings as well as the Presidential Council, made up of local Board Presidents who meet to exchange information, develop ideas and share experiences. They organize the MAR Former Presidents meetings, the MAR Reception at the National Association annual convention, and other events during the year. They also oversee the prestigious Life Achievement Award.

Arlene and Angela assist members at Registration during the MAR Annual Conference.

Receptionist Rebecca Baker greets and talks to more members as the first point of contact at the Association offices than any other staffer. She answers hundreds of questions every week from members and the public, referring them to the appropriate staff person or other resource. Rebecca assists with meeting logistics, mailings, and other tasks requested by other departments.

Communications &

Public Affairs

Department Director Debbie Hager spearheads the MAR public and media relations efforts, which includes promoting Maryland REALTORS® and the real estate profession. Prior to joining MAR, Debbie was vice president of marketing for an investment banking firm, and a public relations manager for four school districts and other trade associations.

The Communications and Public Affairs Department is the public voice of MAR, charged with overseeing our communication with members and the public. The Department staffs the Annual Conference, Communications/PR, Community Action and REALTOR® Excellence (CARE), and REALTOR® of the Year committees, and manages and coordinates and consults with the Equal Opportunity/Cultural Diversity Committee on all aspects of the Fair Housing Poster Contest. It produces the bi-monthly Maryland REALTOR® magazine, publishes the Hotsheet, and develops brochures and pamphlets, as well as the popular Fair Housing Calendar. Communications manages non-dues affinity partnerships as a membership benefit. [The Thursday Webinar series will continue including topics of interest to all members. The 2013 Webinar

schedule can be found on page 27.] The Department oversees much of the content and enhancements to the MAR website: www.mdrealtor.org and is managing aspects of the MAR presence in the social media arena, including Facebook, Twitter and YouTube Video production.

Event Manager Melissa Lutz (pronounced Loots) is the key contact for the Annual Conference & EXPO held in Ocean City each September. She manages a large tradeshow and oversees all of the onsite logistics. Melissa also assists other departments with event planning.

Jermaine Hawkins is the Communications Assistant, supporting all department activities for its committees and events. He is also the first point of contact for the Fair Housing Poster Contest and Recognition Ceremony held every April, and oversees the coordination of the MAR industry awards given at the MAR Annual Conference.

Mary Antoun (left), Arlene Robertson, Angela Leeper (right standing), & Rebecca Baker (seated)

Jermaine Hawkins, Melissa Lutz, & Debbie Hager


Mary Antoun (left), Arlene Robertson, Angela Leeper (right standing), & Rebecca Baker (seated)

Legal Department

MAR’s Legal Department, headed by Vice President Chuck Kasky, includes Staff Attorney Colette Massengale, Don Martin, Director of Board and Member Services, and Shannon Reed, Legal Affairs and Professional Standards Assistant. Prior to joining the Maryland Association of REALTORS®, Chuck was engaged in the private practice of law, served as Legislative Counsel to several Committees of the Maryland General Assembly, and was Deputy Chief Administrative Officer for Howard County, Maryland.

Chuck and Colette staff the MAR Legal Hotline, the service REALTORS® routinely identify as one of their most valuable MAR membership benefits. Members call or submit questions via an online form, available at the Legal Services tab of the MAR website. The Department supports Maryland RPAC, the Statewide Forms Committee, the Commercial Alliance, the Real Property Operations Committee and the Bylaws Committee. Department attorneys also provide in-house legal and compliance assistance to the other Departments within MAR.

As a service to member boards, associations and firms, the Legal Department visits offices and provides instructors for continuing education classes on risk reduction, agency law, real estate contracts, Code of Ethics, fair housing, legislative and legal updates and broker supervision. To assist in compliance with the NAR Professional Standards program, the department provides annual training to local Grievance and Professional Standards Committees.

The attorneys draft and review proposed legislation and comments on proposed regulations, and provide advice to members about their impact.

Legal Affairs also has responsibility for member services. Don Martin is MAR’s principal outreach to firms and local boards. A 17 year MAR veteran and a former practicing REALTOR®, Don spends most of his time on the road speaking at sales meetings and teaching continuing education classes. Don is the primary resource on Professional Standards issues, and staffs that MAR committee. Don oversees local board compliance with NAR requirements regarding services.

Shannon Reed also oversees outreach services for dispute resolution and Professional Standards. She administers the Professional Standards Services program for many local boards/associations, offering MAR resources to provide seamless assistance to their members and the public regarding ethics cases and arbitration procedures. Shannon also staffs the Professional Standards Instructors committee that delivers risk-reduction training to local boards, to ensure member understanding of the ethics and arbitration procedures. She manages the Dispute Resolution area of the MAR website, which addresses dispute resolution issues and alternatives.

Seated: Shannon Reed, Colette MassengaleLeft to Right: Don Martin, Chuck Kasky

The service

REALTORS®

routinely identify

the MAR Legal

Hotline as one of

their most

valuable MAR

membership

benefits.

Economic Forecast Continued from page 13


EducationDirector Lisa Kinsman has been a MAR staff member since 1981. She supervises activities and staffing for GRI, Leadership Academy and Mediation Oversight. The department coordinates the education programs for the Annual Conference, and oversees the dissemination of all continuing education certificates for all CE programs provided by MAR and contracted providers.

Education Assistant Lisa Haynes provides all Department administrative support, and is the “point person” responsible for issuing certificates, handling replacement certificate requests for programs submitted for continuing education through MAR and any other general education question callers may have.

MAR maintains an extensive educational database whereby attendee records (member and non-member) are updated for every CE or non-CE program MAR offers. This system verifies attendance and confirms classes taken to track designation courses, mandatory state licensing renewal courses and any association training required sessions.

Housing

The Housing Programs Department, headed by Director Fern Dannis, researches data about local housing markets and identifies financial assistance programs for homebuyers, which are featured on the MAR consumer websites www.mdhousingprograms.com and www.marylandhomeownership.com. The Department also manages the curriculum and processing for REALTORS® to obtain the MAR Workforce Housing Certification (WHC).

Fern is MAR’s liaison with NAR on its various housing programs, with Freddie Mac’s CreditSmart™ program and with statewide and national housing coalitions. She staffs the Housing Affordability and the Equal Opportunity/Cultural Diversity Committees, and has primary responsibility for MAR housing programs and housing policy development. As part of these responsibilities, Fern develops and supervises efforts to encourage Maryland REALTORS® to learn about credit literacy, housing finance programs and involvement with creative housing programs, fair housing activities and related policy initiatives in their communities. Fern has worked in the housing field for 30 years, with experience in property management, multi-family housing development, affordable housing policy, loan packaging/underwriting, nonprofit administration as well as a real estate salesperson.

Housing Programs Assistant Angela Leeper assists with the staffing of the Housing Affordability Committee and Equal Opportunity/Cultural Diversity Committee. Angela provides administrative support and marketing for the department’s work, and is the first point of contact for REALTORS® regarding the Workforce Housing Certification (WHC) program, which she administers onsite, along with the Education Department.

Fern and Angela both staff the Partnership for Housing Foundation (PHF), including the Maryland Home Makeover™ program.

Lisa Kinsman & Lisa Haynes

Fern Dannis & Angela Leeper

HOUSING PROGRAMS/PARTNERSHIP FOR HOUSING


Government Affairs

Vice President Bill Castelli, MAR’s Chief Lobbyist, heads a team that includes Director of Regulatory Affairs Mark Feinroth, Director of Government Affairs Susan Mitchell, and Assistant Sheryl Bergman. Bill, an attorney and former aide to Rep. Steny Hoyer, develops and directs the Association’s legislative strategy in representing Maryland REALTORS® in the statehouse, and coordinates state efforts with NAR in representing REALTOR® interests before Maryland’s Congressional delegation. Bill also supervises MAR’s contract lobbyists and various subject matter experts that MAR occasionally retains to assist in representing REALTOR® interests.

Mark, also an attorney and lobbyist, represents MAR’s interests on regulatory matters that come before various agencies with responsibilities that affect the real estate profession and private property rights. Prior to joining MAR, Mark was Assistant Secretary with the Maryland Department of Labor, Licensing and Regulation, supervising the operation of all licensing commissions, including the Real Estate Commission. Both Bill and Mark teach CE classes for local boards.

In addition to her lobbying responsibilities, Susan also directs MAR’s grassroots advocacy efforts, including our calls to action, and manages MAR’s database used to customize mobilization efforts on key issues. She also works with local boards to assist in providing MAR and NAR expertise on local issues such as land use and zoning. Susan manages MAR’s Local Government Affairs Director (GAD) Program, supervising the local GADs that MAR provides to all local boards/association without full-time local lobbyists. The program is designed to strengthen REALTOR® voices in 12 local jurisdictions. Prior to joining MAR, Susan was the Government Affairs Manager/Washington Representative for Bristol-Myers Squibb pharmaceutical company in their Washington DC office, responsible for both the federal and state grassroots lobbying program & PAC, and served as their Washington representative to the industry trade association.

All three lobbyists represent MAR on various industry and other coalition groups.

Sheryl provides administrative support for the entire department, including helping to organize Legislative Day and other political events as well as coordinating and e-publishing Political Buzz (the RPAC E-Newsletter). Sheryl also serves as the MAR staff photographer.

The team also includes contract lobbyists Joel Rozner and Frank Boston.

Government Affairs committees include Public Policy, Legislative, Issues Mobilization, and Legal Action.

Bill Castelli, Sheryl BergmanSusan Mitchell, & Mark Feinroth

MAR’s Local

Government Affairs

director (GAd)

Program is designed

to strengthen

REALTOR® voices

in 12 local

jurisdictions.

Economic Forecast Continued from page 13


Finance & Technology

Patti Schmitt, MAR Controller/Director of Finance & Technology, has primary responsibility for developing and tracking MAR’s annual budget, managing MAR and affiliate organizations’ financial operations and working with its auditors and financial advisors. She provides economic and financial information to the CEO, Board of Directors and officers, Finance Committee and staff. Patti also oversees the operations and staff of the Technology Department.

Prior to joining MAR, Patti was Assistant Controller for HRi, ASO & PEO Outsourcing, serving more than 150 employers with over 1,700 employees across 17 states. Patti also successfully started and operated a contracting business for fourteen years before selling her interest to her partner.

As Assistant Controller, Kim Dansker administers MAR’s accounts payable and assists with daily financial transactions. Kim also maintains financial records for RPAC. Accounting Specialist Halle Papai administers MAR’s accounts receivable and assists with daily financial transactions. Halle also maintains financial records for several affiliated organizations.

Technology Administrator/Coordinator Michael Cunningham worked with MAR for almost ten years as a consultant before joining the staff in 2005. Michael provides IT support and management, custom software development and programming, and website design and management for the Association, staff, and affiliate organizations. Membership Manager Cindy Sellers maintains databases for MAR and some affiliated organizations, and assists in helping staff with computer hardware and software systems.

Halle Papai, Kim Dansker, Patti Schmitt, Cindy Sellers, & Michael Cunningham

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MAIN CONFERENCE SPONSORSMRISPen Fed Credit Union

Platinum SponsorsCentury 21 Real Estate

Overall Conference Sponsors203K Services, Inc.Carroll County Association of REALTORS®

Cecil County Board of REALTORS®

Deutsche BankGarrett County Board of REALTORS®

Greater Capital Area Association of REALTORS®

Harford County Association of REALTORS®

Long & Foster Real EstateMHREIAMaryland Department of Housing & Community DevelopmentMid-Shore Board of REALTORS®

Pearl Insurance Southern Maryland Association of REALTORS® Steve Meszaros, REALTOR®, 2010 MAR PresidentWomen’s Council of REALTORS®

REALTOR® Business CenterColdwell Banker Residential Brokerage

LanyardsEmbrace Home Loans

NAR Directors BreakfastAnne Arundel County Association of REALTORS®

Coastal Association of REALTORS®

Howard County Association of REALTORS®

Wednesday’s Refreshment BreakPrince George’s County Association of REALTORS®

2012 Annual Conference & Expo sponsors

Installation BanquetEXIT RealtyFrederick County Association of REALTORS®

Judith DiFilippo, 1996 MAR PresidentBillie Landbeck, 1978 MAR PresidentAl Ingraham, 2006 MAR PresidentIona Harrison, 2009 MAR PresidentHarold Huggins, 1999 MAR President Ilene Kessler, 2007 MAR President Bill Neary, 2002 MAR President JoAnne Poole, 2005 MAR President

Golf TournamentBill Neary, 2001-2002 MAR President – Driving RangeFrederick County Association of REALTORS®

– Golf Carts

TeesMartha Lessner, REALTOR® Pat Coan, REALTOR®

Paul Maelstrom, TD BankJanice Kirkner, REALTOR® Brett Reichhart, First Home MortgagePen-MAR Association of REALTORS®

Women’s Council of REALTORS® Greater Baltimore Chapter

GreensEd Brynes, Homesale Settlement Services Janice Kirkner, REALTOR®

A Special thank you to All of Our Sponsors


Fundamentals of Agency

Generate New Business in the New Year

Get your Google On

How to become a You Tube Agent—and turn Videos into Leads

Economic and Real Estate Forecast

Taxes

Short Sale Power Hour

Top Secrets of Top Producers

Chuck Kasky October 25, 2012, 10 a.m.MAR’s chief legal counsel will navigate through the complexities surrounding residential agency using many examples of its daily application. No CE.

Jared James December 6, 2012, 10 a.m.Creative ways to use social media and other tools to attract buyers and sellers.

Doug DiVitre February 21, 2013, 10 a.m.You could spend more money on tools and services OR use what is already available for FREE.

Greg Herder, Hobbs Herder April 25, 2013, 10 a.m.Discover the components of INTERESTING video.

Anirban Basu November 29, 2012, 10 a.m.Stay informed about the current and future real estate market and the impact of the economy on buyers and sellers.

Chris Bird January 10, 2013, 10 a.m.Lots of new information about asset protection and how to better maximize your retirement plans.

Michael & Stacy Spickes March 7, 2013, 10 a.m.Learn how to close more short sales with comprehensive, nuts and bolts information by the founders of the Short Sale Mastery.

Gene Rivers May 2, 2013, 10 a.m.Top producer tips to transform your database into a “lead gen” machine.

FREE Webinar Thursday SeriesUSABLE STRATEGIES that will increase your confidence and immediately help you. Join us for our FREE Webinar Series designed for REALTORS® in every stage of the profession.

We will send a sequence of reminders to register. If you’re not receiving them and don’t want to miss these valuable FREE Webinars, let us know at

[email protected].


Member Benefits

lIght your way

As of September 2012, Energy Plus will be updating its name to NRG Energy Plus, a reflection of its parent company NRG Energy, Inc. You will also see the NRG logo replace the Energy Plus logo on program materials.

If you’re already receiving service from Energy Plus, nothing about your service will change as a result of this update. You’ll continue to earn Cash Back each month you’re a customer. This change in name will not result in any changes to your program or services. You’ll still continue to receive the same great benefits you’ve always enjoyed, such as 3%-5% Cash Back on your electricity supply charges each year, and a $25-$50 sign-up bonus. If you enroll a natural gas account, you can earn even more cash back and a $25 sign-up bonus for each natural gas account you enroll.*

There are still no hidden fees, no long-term commitments and no early termination fees, so it’s worry-free. Also, the program offers a certified “Green Option” that allows you to help support 100% wind generated power.

If you are not a current Energy Plus customer, signing up is easy and seamless. Your electricity will still be delivered by your current local utility company. And you will earn a 3%-5% Cash Back rebate each year on the supply portion of your electricity bills.

To learn more or to enroll, visit www.EnergyPlusRewards.com/mdrealtor5532

*Terms and Conditions apply. See enrollment website for important disclosures.

Formally

to More Savings

to More Savings


The requirement that licensees take a three hour legislative update course

to qualify for license renewal is found in the Maryland Real Estate Brokers

Act at section 17-315. These courses are classified by the Commission as

“Topic A” classes for license renewal purposes. The statutory provision

requires at least one three hour course that outlines relevant changes that

have occurred in federal, state or local laws and regulations.” During the

2012 session of the Maryland General Assembly, MAR successfully

sought an amendment to this portion of the statute to include “court

cases and industry trends” in the mandated legal and legislative

update classes.

Pursuant to its authority to interpret and apply the Real Estate Brokers

Act, the Commission has adopted an application and review procedure for

education providers to request CE credit for courses they intend to offer

and publicize to licensees. Commission staff advised education providers

by letter early this Spring that legislative and legal course approval

applications may not include content that is more than three years old at

the time the course outline is sent to the Commission for approval. Once

the Commission approves a course outline, the provider is authorized to

offer the course for CE credit for two years. The Commission explained

that it has adopted this rule to ensure that the content of legislative and

legal update courses will be not more than five years old when it is taught

in the classroom.

Late in 2011, the Education Committee of the

Maryland Real Estate Commission undertook

a review of the legislative and legal update

continuing education (CE) classes offered to

licensees. Some licensees complained

informally to Commission members that the

same content seemed to be taught repeatedly

in classes that were approved for credit as

“updates.” Commission members directed

staff to review the course outlines submitted

by education providers for approval with an

eye towards ensuring the information

conveyed to licensees is current and timely.

Updating the Legislative Update CE Class

Regulation NewsMark Feinroth, Esquire


appropriately included in courses advertised as a legislative or legal

update. Commissioners believe that it is more accurate and fair to offer

review material for continuing education credit as an elective.

We will continue working with the Commission to ensure that continuing

education course content helps licensees provide the best possible service

to consumers. If you have suggestions at to how that goal can be achieved,

please feel free to contact me at [email protected].

Mark Feinroth, Esquire, Director of legal and Regulatory Affairs

Maryland Association of REAlToRs®

The Commission staff has advised education providers that course

outlines submitted for approval as a legislative or legal update course

would be subject to review for current and outdated content. Some

education providers have been asked to update their course materials and

eliminate topics that were not sufficiently current.

In response to the Commission’s new policy of ensuring that Topic A

courses provide timely information, MAR wrote to Commission Chair

D’Ambrosia on April 12, 2012 asking the Commission for some

clarification regarding certain content for Topic A courses. MAR’s

primary concern, which is shared by many instructors and education

providers, is that the definition of “current” precludes certain review

topics, such as the 2008 foreclosure legislation, from being included in a

legislative or legal update course. Commissioners agreed that there are

topics licensees should review periodically but these are not subjects

Regulation NewsMark Feinroth, Esquire

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EQUAL HOUSINGOPPORTUNITY


should provide for a distinct license category for property managers. The group

discussed the history of the property manager licensing exemption in the

Business Occupations and Professions Article, that includes two opinion letters

written by the Maryland Attorney General, the most recent issued on January

24, 1994.

Another major topic taken up by the Task Force was the question of whether

there is a need for a specialized provision of law for property management pre-

licensing and continuing education. As the current real estate salesperson

education model has a large focus on purchase and sale transactions, Task

Force participants considered whether there would be a need for a separate

course of property manager training.

With all of these issues on the table, Commissioner Johnson recommended

postponing until at least the 2014 General Assembly session any legislation on

the subject of property manager licensing. We expect the Task Force to meet

again in the next year to begin the process of drafting a proposal to license

property managers. If you have questions regarding this process, please feel

free to contact me at [email protected].

katherine Connelly is the Executive Director of the Maryland Real Estate Commission

For more information, visit http://www.dllr.state.md.us/license/mrec

On April 26, Real Estate Commissioner Marla Johnson convened the first

meeting of the Task Force on licensing residential property managers. The Task

Force meeting was open to the public and later Ms. Johnson reported on the

issues discussed at the May 23 regular monthly meeting of the Real Estate

Commission.

The Commission has previously considered the need for licensing property

managers who perform duties that fall within the statutory definition of

providing real estate brokerage services, which includes anyone who is paid to

collect rent for the use of real estate or assist in leasing real estate. Because

some licensed real estate salespersons, associate brokers and brokers provide

property management services, clients of licensees have the benefit of the

consumer protections provided under Real Estate Commission’s complaint and

guaranty fund programs. A consumer who suffers a loss as a result of the

actions of an unlicensed property manager does not have those same

protections.

In attendance at the Task Force meeting in April were Real Estate Commissioners

Johnson, Cooke and Munoz, as well as property managers affiliated with the

National Association of Residential Property Managers (NARPM), Real Estate

Commission staff and a representative of the Maryland Association of

REALTORS®.

The Task Force participants discussed the functions that some property

managers perform that overlap into real estate brokerage, such as receiving and

holding security deposits, preparing lease agreements and showing properties

available for rent to prospective tenants. There was also an exchange of views

regarding the type of licensing that could be applied, and whether the law

Maryland Real Estate Commission NewsKatherine Connelly

Property Manager Legislation Postponed

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snippets: Feature

Put Your Best

ForwardThe phrase “digital footprint” might not mean much to you right now, but it should.

By Hemanshu (Hemu) Nigam

Digital or viral footprint refers to the mass of content on the Internet that can be linked to you and, therefore, located by anyone doing a search on you. The list of possible places for content to be visible is seemingly endless: your wedding video on YouTube, an article mentioning your car accident, spring break photos you might want to forget about…the list goes on. And, most likely, this content will be accessed at some point in your life by an outside source doing an assessment of your character.


A number of user content-based websites have become useful instruments in hiring, making decisions on school admissions, dating choices, purchasing and a number of other important arenas. In fact, CareerBuilder reports that 37% of employers are using social media searches when considering candidates. Facebook posts and Tweets, for example, can now also be used in criminal courts.

Simply put, the Internet has a memory, and it never forgets. That can make anything mentioning an individual very important.

More sites are offering stringent privacy settings that allow people to keep their profiles private, or to hide personal information. However useful, and important, these settings are, they don’t do anything to help what you might have already posted.

With so much of our information in so many places online, can we do anything to take care of or clean up our digital footprints?

There are two general areas you’ll want to look when it comes to your viral footprint: the past and the future.

Out with the old: Given that it is the world’s biggest search engine, Google is a great place to start when assessing and fixing your digital footprint. Google yourself and see what comes up. Don’t like something you see? Check out this recent CNET article for instructions to remove unwanted content from Google. This can be a great tool, but remember that this only removes cached content—not live content—from Google search results. It does not remove the actual page from the web. Google also offers services and tools to track and manage reputations, including removal of objectionable content. If you find

Forward

something on a website about you that you don’t like, directly contact the webmaster and ask for it to be removed.

In with the new: Judging good content from bad isn’t always as easy as it would seem. Companies such as Reputation.com, Veribo (Veribo.com) and ViralLock (ViralLock.com) are taking new approaches to online reputations. ViralLock, for instance, performs extensive evaluations of various websites for their clients. Then, the experts at ViralLock provide recommendations and continued monitoring to ensure that a young person’s viral footprint reflects what the person wants it to and showcases their good characteristics.

Here are some tips to ensure that your digital footprint is worth seeing:• Remember our simple rule of thumb:

only post content that you would be ok with showing to your grandmother.

• Ask before you tag: remind friends and family to be careful when tagging you in photos, or consider asking them not to tag you at all.

• Follow your gut: if it seems like a bad idea to post a piece of information, it probably is.

• Own your own privacy: keep your privacy settings up to date and maintain good password security for all the sites you use to ensure nothing illicit is posted using your account.

So next time you post, remember that good online hygiene is essential to keeping your reputation clean and your digital footprints worth following.

About the Author: Hemanshu Nigam is a former federal computer-crime prosecutor who now heads SSPBlue.com, an online security firm whose clients include Microsoft and News Corporation, among others.

To view the career Builder report, go to: http://msn.careerbuilder.com/Article/MSn-2997-Job-Info-and-Trends-clean-up-that-profile-37-percent-of-companies-research-candidates-via-social-networks/

For more on use in criminal courts, go to:www2.wjbf.com/news/2012/apr/17/facebook-status-photos-could-be-used-against-you-c-ar-3625155/

For more on the Internet’s memory, go to: sspblue.com/blog/charlie-sheen-reminds-us-the-internet-has-a-memory/

For more on privacy settings, go to: support.twitter.com/articles/14016-about-public-and-protected-accounts

To view the cnET article, go to: howto.cnet.com/8301-11310_39-57437078-285/remove-your-social-media-from-google-search/?ttag=fbw

For more on Google services, go to: mashable.com/2011/06/16/google-me-on-the-web/

To contact the webmaster, go to: http://support.google.com/websearch/bin/

answer.py?hl=en&answer=9109

To view a Forbes article on ViralLock, go to: www.forbes.com/sites/thestreet/

2012/05/22/successful-facebook-start-ups-that-go-beyond-the-game-app/2/

http://support.google.com/websearch/bin/answer.py?hl=en&answer=9109

http://msn.careerbuilder.com/Article/MSN-2997-Job-Info-and-Trends-Clean-up-thatprofile-37-percent-of-companies-researchcandidates-via-social-networks/

www2.wjbf.com/news/2012/apr/17/facebook-status-photos-could-be-used-against-you-c-ar-3625155/

www2.wjbf.com/news/2012/apr/17/facebook-status-photos-could-be-used-against-you-c-ar-3625155/

sspblue.com/blog/charlie-sheen-reminds-us-the-internet-has-a-memory/

sspblue.com/blog/charlie-sheen-reminds-us-the-internet-has-a-memory/

www.forbes.com/sites/thestreet/2012/05/22/successful-facebook-start-ups-that-go-beyond-the-game-app/2/

www.forbes.com/sites/thestreet/2012/05/22/successful-facebook-start-ups-that-go-beyond-the-game-app/2/

support.twitter.com/articles/14016-about-public-and-protected-accounts

support.twitter.com/articles/14016-about-public-and-protected-accounts

howto.cnet.com/8301-11310_39-57437078-285/remove-your-social-media-from-google-search/?ttag=fbw

howto.cnet.com/8301-11310_39-57437078-285/remove-your-social-media-from-google-search/?ttag=fbw

mashable.com/2011/06/16/google-me-on-the-web/

mashable.com/2011/06/16/google-me-on-the-web/

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md_realtor_fp.indd 1 5/7/12 12:08 PM

Commercial Agency Law Update


Commercial Agency Law Update

Both residential and commercial Maryland REALTORS® will find Wilkens Square v. W. C. Pinkard a fascinating case.

The dispute involved $226,000 in damages for a real estate broker’s services. There were two transactional forces operating in that case: (1) a high dollar real estate fee law suit by the broker; and (2) an “undisclosed dual agency” affirmative defense argued by the principal.

In the simplest terms, earning a real estate commission may be undermined by an alleged breaching of the fiduciary relationship towards a client. One of the greatest traps for real estate licensees is the potential to be involved as an undisclosed dual agent by acting for both parties in a transaction.

Wilkens Square v. W.C. Pinkard turned on whether the seller of an office building was entitled to refuse to pay an agreed-upon fee to the broker who represented the seller on the grounds that the broker was a “dual agent.” The issue was whether W.C. Pinkard & Co., Inc. (t/a Colliers Pinkard) engaged in a dual agency with Wilkens Square, the seller and CMC, the buyer. In other words, does the fiduciary duty that a real estate broker owes to a principal include any obligation to disclose relationships with other principals it represents in separate but related dealings?

Colliers Pinkard had an existing buyer representation agreement in place with CMC, which excluded properties listed with them and which was scheduled to expire in a month. Wilkens Square then listed its property with Colliers. CMC’s buyer’s agents brought the Wilkens Square property to the attention of CMC, but never disclosed this to Wilkens because it wasn’t in CMC’s expressed price range and, as stated, the buyer representation agreement was about to expire.

Both the buyer representation and listing agreements existed simultaneously for about a month. After the expiration of the buyer representation agreement, CMC became interested in the property and eventually purchased it. When Wilkens Square learned that the broker at one time represented the buyer, it withheld the commission, arguing that Colliers Pinkard acted as an undisclosed dual agent.

The court held that the mere co-existence of the two brokerage agreements did not constitute dual agency. In this case, there was no inherent conflict of interest and the court noted that Colliers had represented the buyer in a manner that did not breach its fiduciary duty to Wilkens Square.

Accordingly, the court upheld the award to Colliers Pinkard of the disputed $226,300 commission.

In cases where undisclosed dual agency is found, the remedy is Commission Forfeiture. The real estate broker must have represented both the seller/landlord and the buyer/tenant at the same time in the transaction, the commission or fee-for-service is charged, and the broker has failed to disclose that fact and obtain consent of the parties to act as a dual agent. However, the “commission forfeiture” rules do not apply where a real estate broker has represented clients on both sides of the sales or lease transaction at the same time, but NOT in the same deal.

N.B. This year many licensees have already completed the Maryland Real Estate Commission’s new mandatory 3-hour Agency course. There are two different classes: Agency/Residential and Agency/Commercial. Also, residential licensees may take Agency/Commercial and earn 3 elective CE credits, and vice versa.

sydney Machat is a Counselor of Real Estate®, veteran commercial broker,

and CE instructor from Washington County. He is a former Chair and

member of the Maryland Real Estate Commission from 1995-2008.

Commerical ConnectionSyd Machat


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Source: Information included in this report is based on data supplied by MRIS and its member Association(s) of REALTORS, who are not responsible for its accuracy. Does not reflect all activity in the marketplace. January 1, 2011 – December 31, 2011. Information contained in this report is deemed reliable but not guaranteed, should be independently verified, and does not constitute an opinion of MRIS or Long & Foster Real Estate, Inc. ©2012 All Rights Reserved. Exclusive affiliate of Christie’s International Real Estate in select areas.


From the HotlineCharles A. Kasky, Esquire

It appears to be common for agents and some managers who have a listing

to request a copy of the buyer’s agent disclosure form signed by the buyer.

Sometimes the buyer’s agent requests a copy of the disclosure form signed

by the seller at the request of the listing agent. The law does not require

this, and the other agent does not have a legal obligation to provide a copy

of the disclosure signed by his or her client.

Another widespread misunderstanding of the law is that a seller’s agent

must always disclose to a buyer’s agent that he or she represents the seller.

In fact, the seller’s agent need only provide the agency disclosure form to

unrepresented buyers. This is consistent with the policy behind the law

that it is imperative to disclose whom you represent to a consumer,

especially when the consumer is not represented and your client is on the

other side. It’s easy to understand why this is the single most important

aspect of the law. Consumers need to know to be careful because

you represent the interests of the person the consumer may be

negotiating with.

For example, if the seller’s agent shows the listed property to an

unrepresented buyer, as a customer, not as a client, the law requires the

seller’s agent to present the Agency Disclosure form to the buyer and ask

to have it signed, acknowledging the licensee as the seller’s agent. If the

listing agent shows the property to five unrepresented buyers, five distinct

1-800-888-1272 • Monday and Wednesday • 10am – Noon and 2pm – 4 pm www.mdrealtor.org • Complete an Online Form available in the Legal Hotline tab

FREE lEGAlHoTlINE

Agency Disclosure Forms — There is No Magic Number

Q. There seems to be some confusion about the Understanding Whom

Real Estate Agents Represent (Agency Disclosure) form. I have been told

that every file must contain 4 forms. Is there, or is there not, a specific

number of forms required for each transaction?

A. No, there is no specific, uniform number of agency disclosure forms

for every transaction. We are aware that some instructors have taught a

rule that each residential real estate transaction should or must include

four completed agency disclosure forms. We also are aware that some

brokers have adopted internal procedures that require managers to look for

four agency disclosure forms in each transaction. However, Maryland law

does not contain a provision requiring a specific number of agency forms

to complete a residential real estate purchase or sale.

So it is not legally correct that four agency disclosure forms are required

for every residential real estate transaction. The law actually requires that

an agent provide the disclosure form at the first scheduled face-to-face

meeting; there is no standard number of contacts an agent should expect

to have when working with a particular buyer or seller.


You may be asking whether there are a minimum number of forms each

transaction folder should contain. The answer is yes. Each file must

contain the agency disclosure form the client signed when you disclosed

to him that you were representing him. A listing agent’s file must contain

a copy of any form the agent presented to any unrepresented buyer who

viewed the property with the listing agent. The buyer’s agent’s file must

contain the form used to disclose to the seller that the agent was the

buyer’s agent. This is the bare minimum under the law.

Maryland’s agency disclosure law is not a model of user-friendly

legislation. Nevertheless, it can be easily complied with by following a

few simple guidelines. Imposing additional, unauthorized requirements,

especially on agents from other companies, only makes compliance more

difficult. If you have additional questions, please contact the MAR Legal

Department at 800-638-6425.

Charles A. kasky, Esquire, Vice President of legal Affairs

Maryland Association of REAlToRs®

forms must be in the file. (Don’t forget to give the consumer a copy of any

form he or she signs.) This illustrates why there is no single, specific

number of Agency Disclosure forms for every transaction.

On the other hand, suppose the buyer views a property, is accompanied by

an agent and the seller or listing agent is present to disable the alarm, etc.

Under these circumstances, the duty of disclosure falls on the agent

accompanying the buyer. Historically (before 1999), the agent taking a

buyer to see property was the seller’s agent. After the current law took

effect, almost all licensees take buyers to see property as the buyer’s agent.

Therefore, it is important to provide the Agency Disclosure form to the

seller (or seller’s agent) indentifying oneself as the buyer’s agent. If, in the

course of representing a buyer, you have five scheduled face-to-face contacts

with five different sellers or seller’s agents, you must have five Agency

Disclosure forms signed, one for each contact. This is another illustration

of why there is no uniform rule that applies to every transaction.

From the HotlineCharles A. Kasky, Esquire

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After re-accelerating late last year and during

the initial months of 2012, the pace of economic

growth and job creation has slowed more

recently. In June, national employment

expanded by just 80,000 jobs according to the

Bureau of Labor Statistics, representing the

third consecutive month during which national

job creation was well below 100,000 jobs.

During the first three months of the year, the

nation’s average monthly employment gain

was 226,000 jobs. During last year’s fourth

quarter, the nation’s output expanded at a 3

percent annualized pace, but during the first

half of 2012, the nation’s economy expanded at

a less than 2 percent pace.

Maryland has not been immune to the slowdown. Unemployment in the

state increased for a third consecutive month in May (6.8%) and we have

been losing jobs. Whether Maryland’s economy will continue to decelerate

is unclear. Also unclear is whether recently observed housing market

momentum can persist in the face of broader macroeconomic weakness.

There are certainly signs that it can. A recent Wall Street Journal article

simply proclaimed that the “housing market has turned.” Nationally,

nearly 10 percent more existing homes were sold in May than in the same

month one year earlier. Builders began work on 26 percent more single-

family homes in May 2012 than a year earlier, and the stock of unsold

newly built homes is back to 2005 levels. A recent survey of 47 forecasters

found that 44 believed that the housing market has reached its bottom.

Maryland has been participating in housing’s recent recovery, although

there are indications that the pace of recovery has slowed. Home sales

statewide increased 10.5 percent in May on a year-over-year basis. But in

June, the year-over-year gain was just 1.7 percent. In June, 11 Maryland

jurisdictions were associated with year-over-year sales gains: Garrett

County (24.0%), Carroll County (20.3%), Baltimore County (16.7%),

Housing Market Appears to be in Sustained Recovery

Despite Braking Economy, Housing Moves Ahead

Residential SalesAnirban Basu


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Many of the observed gains in unit sales, though certainly not all, took

place among core metropolitan area jurisdictions. This is likely a

reflection of the influence of first-time buyers, who have been setting off

cascading sales dynamics. By contrast, in counties with less dense job

markets and first-time buyer influence, sales growth has been less

consistent. This may help explain in part the performance of Caroline,

Somerset and Kent counties along this dimension.

Price dynamics remain positive in Maryland. In May, average price was

up 9.4 percent on an annual basis, while median price increased 11.1

percent. All but six of Maryland’s 24 jurisdictions experienced increases

in average sales prices in May. Among those with the largest increases on

Talbot County (14.0%), Anne Arundel County (10.4%), Wicomico County

(9.4%), Frederick County (7.4%), Howard County (5.8%), Queen Anne’s

County (4.7%), Baltimore City (1.5%) and Montgomery County (0.7%).

Unit sales were flat in Dorchester County on a year-over-year basis.

Jurisdictions posting year-over-year sales declines in June include Kent

County (-37.5%), Washington County (-11.9%), Charles County (-11.3%),

Worcester County (-10.1%), Harford County (-7.4%), Prince George’s

County (-7.4%), Calvert County (-5.9%), Allegany County (-5.3%), Cecil

County (-4.1%), and St. Mary’s County (-3.0%). The largest declines

occurred in Somerset and Caroline Counties, where unit sales were down

55.6 percent and 48.3 percent, respectively, relative to last year’s levels.

Residential sales Continued from page 43


a year-over-year basis was Baltimore City, where average price rose

from $134,382 a year ago to $172,199 this May, an increase of 28.1

percent. This is probably a reflection of the decreasing influence of

distressed sales in the marketplace, something that is apparent in

other core metropolitan jurisdictions as well.

Price dynamics were similar in June, with 16 jurisdictions

experiencing year-over-year increases in average sales prices and 19

reporting increases in median sales prices. Statewide, average sales

price was up 6.7 percent, while median sales price rose 8.5 percent.

The two jurisdictions experiencing the greatest improvement in

sales price were Talbot County, where average price was up 33.5

percent and median price was up 18.7 percent, and Baltimore City,

where average price rose 18.6 percent and median price increased

46.2 percent.

Certain jurisdictions continue to experience falling home prices,

however, including Garrett County, where average price is down

25.2 percent from June 2011 and median price is 35.6 percent lower.

Price dynamics were also negative in a number of Eastern Shore

jurisdictions in June, including in Dorchester County (average price

declined 55.8%; median price up 0.1%), Kent County (average price

slipped 18.8%; median price fell 25.9%), Somerset County (average

price dipped 9.4 percent; median price fell 18.9%), and Worcester

County (average price slid 14.4%; median price decreased 17.2%).

Looking AheadDespite growing confidence among economists, there are still some

reasons to remain nervous about the housing industry. Consumer

confidence is declining again and job growth slowed dramatically

during the second quarter relative to the first, both nationally and

in Maryland. The next several months should be months of

May 2012 vs. 2011

UnITS AvErAgE PrICE

2012 2011 Change 2012 2011 Change

44 29 51.7% $113,538 $83,715 35.6%

507 450 12.7% 353,631 333,259 6.1%

505 473 6.8% 172,199 134,382 28.1%

685 596 14.9% 254,101 240,520 5.6%

90 72 25.0% 289,993 287,609 0.8%

19 21 -9.5% 179,084 139,509 28.4%

152 114 33.3% 299,957 292,254 2.6%

71 77 -7.8% 208,138 211,733 -1.7%

149 132 12.9% 236,695 219,415 7.9%

29 26 11.5% 204,207 251,562 -18.8%

236 235 0.4% 266,379 244,254 9.1%

23 26 -11.5% 312,571 225,937 38.3%

208 233 -10.7% 261,360 250,409 4.4%

304 218 39.4% 396,083 404,522 -2.1%

20 10 100.0% 584,848 269,900 116.7%

1,073 884 21.4% 493,791 467,285 5.7%

719 738 -2.6% 189,297 172,594 9.7%

59 32 84.4% 348,539 422,931 -17.6%

12 7 71.4% 133,603 167,429 -20.2%

93 86 8.1% 290,201 279,743 3.7%

39 41 -4.9% 495,626 425,862 16.4%

84 101 -16.8% 181,582 154,823 17.3%

62 68 -8.8% 161,185 159,226 1.2%

145 153 -5.2% 285,401 313,019 -8.8%

5,328 4,822 10.5% $306,672 $280,300 9.4%

Figures reflect resales and new properties. Residential resales

are reported by MRIs® and local boards Mls systems.

COUnTy

Allegany

Anne Arundel

Baltimore City

Baltimore County

Calvert

Caroline

Carroll

Cecil

Charles

Dorchester

Frederick

Garrett

Harford

Howard

Kent

Montgomery

Prince George’s

Queen Anne’s

Somerset

St. Mary’s

Talbot

Washington

Wicomico

Worcester

TOTAl


june 2012 vs. 2011

UnITS AvErAgE PrICE

2012 2011 Change 2012 2011 Change

36 38 -5.3% $101,705 $107,270 -5.2%

595 539 10.4% 393,613 341,165 15.4%

478 471 1.5% 179,582 151,391 18.6%

741 635 16.7% 265,878 254,912 4.3%

95 101 -5.9% 314,703 310,694 1.3%

15 29 -48.3% 136,100 149,869 -9.2%

184 153 20.3% 310,628 304,598 2.0%

71 74 -4.1% 214,955 201,074 6.9%

134 151 -11.3% 244,582 242,261 1.0%

24 24 0.0% 169,636 383,375 -55.8%

277 258 7.4% 275,626 247,238 11.5%

31 25 24.0% 370,309 495,235 -25.2%

239 258 -7.4% 262,716 247,970 5.9%

330 312 5.8% 428,657 415,663 3.1%

10 16 -37.5% 193,580 238,400 -18.8%

1,049 1,042 0.7% 506,409 489,432 3.5%

725 783 -7.4% 195,100 187,381 4.1%

45 43 4.7% 398,580 333,829 19.4%

8 18 -55.6% 130,650 144,283 -9.4%

96 99 -3.0% 290,849 264,741 9.9%

57 50 14.0% 476,664 357,106 33.5%

118 134 -11.9% 190,185 152,279 24.9%

70 64 9.4% 143,521 147,123 -2.4%

151 168 -10.1% 245,425 286,810 -14.4%

5,579 5,485 1.7% $317,659 $297,813 6.7%

Figures reflect resales and new properties. Residential resales

are reported by MRIs® and local boards Mls systems.

COUnTy

Allegany

Anne Arundel

Baltimore City

Baltimore County

Calvert

Caroline

Carroll

Cecil

Charles

Dorchester

Frederick

Garrett

Harford

Howard

Kent

Montgomery

Prince George’s

Queen Anne’s

Somerset

St. Mary’s

Talbot

Washington

Wicomico

Worcester

TOTAl

progress, however. Pending sales in Maryland were up on a year-

over-year basis in both May (up 375 units) and June (up 282 units).

In Anne Arundel County, pending units totaled 548 in June 2011.

A year later, the corresponding figure was 686. In Howard County,

pending units are up from 322 to 387 during the same period. In

Baltimore County, pending units rose from 723 to 777.

In June 2011, Maryland’s supply of housing inventory stood at 7 months.

A year later, inventory has declined to 5.1 months – a level consistent

with rising home prices and greater urgency among prospective buyers.

Ten of Maryland’s 24 jurisdictions are now associated with active

inventories below 6 months. Certain jurisdictions do not yet appear

poised for price stability, however, including Kent (39.9 months) and

Somerset (34.0 months) counties where recent sales volume is

consistent with roughly three years of available housing inventory. But

for the most part, Maryland’s housing market appears to be in sustained

recovery, at least for now.

Anirban Basu, sage Policy Group, Inc.

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M A R Y L A N D O F F I C E SAnnapolis 410-266-0600Bethesda 301-961-6000Canton 443-769-1700Crofton 410-721-3711Elkton 410-398-2401Federal Hill 410-547-5700Ft. Meade 410-519-4221Gaithersburg 301-948-4811Harford County 410-515-5300Howard County 443-325-7890

Ocean City 410-524-7000Ocean City West 410-520-2600Ocean Pines 410-208-3500Olney 301-260-7700Pikesville 410-484-8322Potomac Village 301-765-7653Roland Park 410-464-5500Salisbury 410-912-4700Severna Park 410-647-8000Silver Spring 301-879-2600Towson 410-828-4700

Waldorf 301-870-7653NORTH CAROLINA OFFICESFayetteville-Ft. Bragg 910-868-7196Fayetteville-Ravenhill 910-401-3330T E X A S O F F I C E SSan Antonio-Huebner 210-493-1733San Antonio-Waterford 210-545-7653 V I R G I N I A O F F I C E SAlexandria 703-836-1464Fairfax/Oakton 703-691-7653Hamilton 540-338-4171

Kingstowne 703-550-7653Lake Ridge 703-497-7788Leesburg 703-777-1250Manassas/Gainesville 703-396-6000Reston 703-716-2900Vienna 703-281-8500Winchester 540-722-9300Woodbridge 703-897-4663WASHINGTON D.C. OFFICESCapitol Hill 202-393-1111Uptown 202-243-4200

Prudential PenFed Realty is and independently owned and operated member of BRER Affiliates, Inc. PenFed membership is not required to conduct business with Prudential PenFed Realty.

© 2012 BRER Affiliates Inc. An independently owned and operated broker member of BRER Affiliates, Inc. Prudential, the Prudential logo and the Rock symbol are registered service marks of Prudential Financial, Inc. and its related entities, registered in many jurisdictions worldwide. Used under license with no other affiliation with Prudential. Equal Housing Opportunity.

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August/September 2012