24
A publication for and about our members June 2014 June 2014 digest digest digest This Issue’s Highlights: Membership 3 New Martin Co. Code Red Emergency Alerts 4 Women’s Council of Realtors 5 RESPA 67 Ethics 1819 Golf Tournament Recap 1011 Technology 12 MLS Datashare Update 16 Government Affairs 2021 Statistics 1617 RAMC’s Annual Fun Day of Golf was a Smashing Success! Thank you to everyone who participated in our Golf Tournament! Players, sponsors and volunteers—it is because of YOU that our Fun Day of Golf was a success. RAMC will be donating $10,000 to Habitat for Humanity of Martin County!! CONGRATULATIONS to the winning Foursome!!! Left to right: Jordan Seigelis, Kyle Coughlin, Jim Coughlin, and Rick Boschen. To see more photos from our Fun Day of Golf, please go to pages 1011! This year, we didn’t have a “Best Dressed” Award, but IF we did, it would surely go to John Hogarth!! Left to right: John Hogarth, and Dennis Fadden

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Page 1: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Ap

ublicationfora

nda

bouto

urm

embers

June 2014June 2014

digest

digest

digest

This Issue’s Highlights:

Membership 3

New Martin Co. Code Red Emergency Alerts 4

Women’s Council of Realtors 5

RESPA 6‐7

Ethics 18‐19

Golf Tournament Recap 10‐11

Technology 12

MLS Datashare Update 16

Government Affairs 20‐21

Statistics 16‐17

RAMC’s Annual Fun Day of Golf

was a Smashing Success!

Thank you to everyone who participated in our Golf Tournament! Players, sponsors

and volunteers—it is because of YOU that our Fun

Day of Golf was a success. RAMC will be donating

$10,000 to Habitat for Humanity of Martin County!!

CONGRATULATIONS to the

winning Foursome!!!

Left to right: Jordan Seigelis, Kyle

Coughlin, Jim Coughlin, and Rick

Boschen.

To see more photos from our Fun Day of Golf,

please go to pages 10‐11!

This year, we didn’t have a “Best Dressed”

Award, but IF we did, it would surely go to

John Hogarth!!

Left to right: John Hogarth, and Dennis Fadden

Page 2: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

REALTOR®ASSOCIATIONOFMARTINCOUNTY43SWMontereyRoadStuart,Florida34994

Phone(772)283‐1748Fax(772)288‐0215

[email protected]

OFFICERSPresident

JENNIFERATKISSON‐LOVETT,CRS,[email protected]

President‐ElectDENNISFADDEN,CRS,GRI,SRES,[email protected]

VicePresidentBILLDEAN

[email protected]

Secretary‐TreasurerCHRISTYBEARSE,CPA

christy@florida‐homefinders.com

DIRECTORSTOMBAKER

[email protected]

[email protected]

DANBRADY,CCIM,[email protected]

DIANABRUTON,AHWD,CRB,LTG,[email protected]

ANNBUSBEE,CRS,GRI,[email protected]

BOBCASTELLANO,[email protected]

JEFFCLARK,[email protected]

[email protected]

STAFFJOYLANE

[email protected]

MARISAMOLEIROMLSDirector

MLS,Marketing,Newsletter,Email,[email protected]

RENEEJORDANEducationDirectorClasses,[email protected]

VICKIHOUTRIDESAccounting&GovernmentAffairs

[email protected]

KIMARENASMembershipDirector

Sponsorship,Membership,[email protected]

Advertise in RAMC Digest!

Contact Marisa for information on advertising at [email protected]

Deadline for the June edition is June 20th.

Page 2

National Association of REALTORS® 888‐874‐6500

Florida Association of REALTORS® 407‐438‐1400

Florida Legal Hotline 407‐438‐1409 Free advice from an Attorney for members of Flor‐ida Realtors®!

Florida Tech Helpline 407‐587‐1450 (M‐F 9am‐8pm / Sat 9am‐5pm) Free expert assistance and support for all your technical needs.

DBPR 850‐487‐1395 www.MyFloridaLicense.com/dbpr (FL Dept. of Business and Professional Regulation)

Check your CE credits and license renewal information at:

www.MyFloridaLicense.com

MLS Technical Help Desk & GoMLS Help 888‐825‐5472 M‐F 8:30am‐8:30pm / S‐S 8:30am‐3pm

Form Simplicity 407‐587‐1450

IMAPP 888‐462‐7701

IMPREV Marketing Center 800‐809‐3356

ListHub Support 877‐847‐3394 (press 2)

ListingBook 866‐353‐3456

RatePlug 877‐710‐0808

RealBiz 360 888‐732‐5249 (press 2)

Realtor.com 800‐878‐4166

RPR (24‐7 Support) 877‐977‐7576

ShowingTime 800‐379‐0057

Supra 877‐699‐6787

Important Phone Numbers and Web Sites

HowtotrackyourCECreditswithDBPRHowtotrackyourCECreditswithDBPRHowtotrackyourCECreditswithDBPRIt is very important to keep all your continuing education letters to validate your coursework. These letters will tell you the course names and how many credits you received. If the credits did not get transmitted successfully to DBPR, then you will be able to use the letters to verify your attendance.

For questions, please call the Customer Contact Center at 850.487.1395 Monday‐Friday, 8 a.m. ‐ 6 p.m. and Saturday 10 a.m. ‐ 2 p.m. EST.

>> Click here to Verify CE Credits at DBPR Online

>> Click here for Florida Realtors® Education Contacts

For more information about Florida Licensing requirements, you can visit the Florida Realtors® website by clicking here

Page 3: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Page 3

MembershipNew REALTOR® Members Francine Banasiak Coldwell Banker

Vanessa Cascio Broughton Premier Realty

Kristen Clayton Keyes

Kasia D’Auria Keyes

Kathleen Ann Donatelli Keller Williams

Sebastian Estades RE/MAX of Stuart

Anthony Franza Real Estate of Florida

Peter Gemmi Pender White Properties

Jared Greene Algen Realty and Business Broker

Barbara K. Snyder Coldwell Banker

Patricia Strutz‐Behm Pender White Properties

Dave Williams Algen Realty and Business Broker

New Secondary REALTOR® Members Shelley P. Gillman Water Pointe Realty Group

New Business Partners James Campo Campo Financial Services

Bruce Griffy Waterstone Mortgage

Laura Heins Infiniti Title Insurance Agency Inc.

Corey Johnson Waterstone Mortgage

Elaine MacVean Housemaster Inspections

Gary Mulka TC Palm Home Inspections

Svetlana Z. Nemeroff Law Office of Svetlana Z. Nemeroff

Cheryl Nevius Arthur Rutenberg Homes

James Prescott Farm Credit of Florida

Courtney Stewart‐Ring Waterstone Mortgage

Guyton Stone GHS Custom Woodwork Inc.

Congratulations and a big thank you to the RAMC, our wonder‐

ful Business Partners, and the Martin Downs Golf Club for the

outstanding Fun Afternoon of Golf that raised money for our

charity this year, Habitat for Humanity of Martin County!

Ninety‐nine players (25 teams) participated in the event held

on Thursday, May 22. The course was in great shape and the

golf staff personnel were awesome. I have never seen hoagies

that long – and delicious! The Country Club staff cut them into

plate‐size portions for a buffet lunch and then had hot hors'

d'oeuvres waiting for all the golfers as they made their way to

the 19th Hole. The putting contest (75 foot put) added a twist

when the golfers made the turn. Michael Ponte won the con‐

test by getting within 17” of the hole!

Congratulations also go to the winning foursome – our own

Rick Boschen, Business Partner Jim Coughlin, Jim’s son Kyle

Coughlin, and Jordan Seigelis! Great job guys!

After the golf, we had a “live‐ly” auction for some outstanding

golf memorabilia, including a Cobra driver autographed by Greg

Norman. With Realtor®/Auctioneer Drew Pittman conducting

the auction, it was one of the highlights of the day! The silent

auction was also a huge success with many donations from lo‐

cal golf courses and businesses for golfers to bid on. A big

“THANK YOU” is due to all. RAMC is proud to say that taking all

the proceeds into account and donations received from hun‐

dreds of Realtors®, we will present Habitat for Humanity with a

$10,000+ check!

If you are interested in participating in our next Golf outing, let

us know. With everyone having so much fun, I can almost guar‐

antee we will have another!

Sincerely,

Dennis Fadden 2014 RAMC President‐Elect

From the desk of the President-Elect

Our sincerest thoughts go out to Realtor®

Member Lynn Rubin of Keller Williams in the

loss of her father, Alfred Marino. He was 93,

very outgoing and loved life, always smiling,

never complaining about his pain. Mr. Marino

was a World War II veteran.

In Memoriam

Page 4: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

MartinCountyImplementsNewEmergencyNotificationSystem

NewCodeRED®Systemprovidesemergencynotificationsandweatherwarnings Martin County Fire Rescue is pleased to announce a new public emergency notification system, called CodeRED®. CodeRED® allows

emergency management officials to send public safety messages to citizens and businesses in Martin County by phone, text, and/

or email. Citizens and businesses are encouraged to use a new community signup feature where they are able to associate landline

phones, cellular phones, and email addresses with a Martin County street address. CodeRED® generates telephone voice, text,

and/or e‐mail messages when directed by public safety officials. CodeRED® allows notifications as broad as all‐County, and as nar‐

row as targeted evacuation zones, or small neighborhoods threatened by wildfire, flooding, or other public safety emergencies.

PUBLIC SIGNUP FEATURE

"CodeRED® is the next generation of mass notification systems, and has the advantage over previous systems in that the public

may 'opt‐in,' or sign up for the service over the Internet with a few mouse clicks," said Debra McCaughey, Director of Emergency

Management for Martin County Fire Rescue. By opting‐in, the public can ensure the system has accurate contact information on

file for addresses throughout Martin County. The system is also more advanced than previous systems used in that it can generate

emergency text messages, along with e‐mail notifications, when citizens provide that information to the system. McCaughey

added, "With the public supplying opt‐in information, we increase our ability to reach more people quickly in times of emergency."

There is no charge to the public to opt‐in, and signups can be initiated by visiting http://www.martin.fl.us/em any time and submit‐

ting contact information.

CodeRED® already has tens of thousands of landline telephone numbers on file for Martin County addresses, but not every phone

number in the County is included. By opting‐in to the service, citizens and businesses can augment the existing database, and regis‐

ter cell and additional landline or voice over IP (VOIP) phones to associate with addresses.

With many households relying on cell phones as their primary or in many cases only telephone contact, it is important for people

to sign up with the CodeRED® system to allow them to receive important public safety messages.

FREE SEVERE WEATHER WARNINGS

Another important feature of the CodeRED® system is localized weather

warnings. If they choose, users may receive tornado, severe thunder‐

storm, and flash flood warnings when issued by the National Weather

Service for portions of Martin County. With Weather Warnings, the pub‐

lic can receive timely information regarding these threats and react with

protective actions, such as going indoors, sheltering, etc. Signing up for

the warnings is easy, and the warnings are automatically generated.

When the National Weather Service issues a severe weather warning

for an area within Martin County, the CodeRED® system will automati‐

cally alert those who have signed up.

To register for CodeRED® notifications and allow phone, text, or email

information for delivery of important Public Safety messages and/or

severe weather warnings, or for more information including Frequently

Asked Questions visit http://www.martin.fl.us/em any time, or call

Emergency Management staff at (772) 287‐1652, Option 2 during nor‐

mal business hours.

Page 5: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

THURSDAY JUNE 19, 2014 AT 11:30A.M. SO, WHAT DOES IT TAKE TO BECOME AN

ENTREPRENEUR?

LEARN ABOUT THE BUILDING BLOCKS OF START-UPS

Join us for a dynamic panel of professionals who will enlighten us on the

ins and outs of starting a business. They will touch upon the legal,

technological, financial, commercial, and residential realities of start-

ups.

If you are a business owner, you will certainly be able to share your story

and we are encouraging everyone to participate in a question and answer

period, as well. Feel free to send in questions ahead of time, so the panel

can focus in on their audience’s most pertinent concerns.

You will also be able to win giveaways and everyone will leave with a

special gift from the panelists and sponsor(s).

Sign up now and bring a friend! Our next business luncheon won’t be

until September. What a great way to start the summer- using your new

entrepreneurial tools to build on your dream!

LET US KNOW

YOU’RE COMING!

WCR STUART- MARTIN

CONTACT:

MARIE CAIAZZA

772-324-9254 OR [email protected]

LL

EVENT SPONSOR:

Joseph Duerr 772-260-5455

2014 Chapter

Annual Sponsors

Bronze Level

Charlene Oakowsky, Owner

Tel: 772-932-7056

Richard Stratman,

Security Representative

Tel: 772-708-2691

WCR STUART-MARTIN

Pipers Landing Yacht Country Club

6160 Thistle Terrace Palm City, FL 34990

Thursday June 19, 2014

11:30-1:00

Page 6: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

RESPAOver the next few months we will concentrate on getting you in the “know” about RESPA rules and regulations. Look for the up‐coming RESPA pages in the newsletter. Below are questions and answers that NAR has compiled about the Real Estate Settlement Act, or “RESPA”, for both real estate professionals and REALTOR® associations. Note the opinions below do not constitute legal advice and it is recommended that you consult with an attorney if you have questions about how to comply with RESPA.

ReferralFeesandRESPA

QUESTION: A real estate agent is sponsoring an open house for other agents. A local title agency reimburses the real estate agent for the cost of a luncheon and the title agency does not market its title services at the open house. Is this a violation of Section 8 of RESPA? ANSWER: Yes, this is a violation of RESPA. By reimbursing the real estate agent for the cost of the luncheon, the title agency has given the real estate agent a thing of value in consideration for the referral of business. Both the title agency and the real estate agent could be held responsible for the RESPA violation. If, however, the title company attends the open house to make a presen‐tation or to otherwise market its services, such payments may be lawful under RESPA. QUESTION: A real estate broker and a mortgage lender agree to jointly place a full‐page advertisement in a local newspaper. Each company gets exactly one‐half of the page to advertise its services. Each company pays one‐half of the cost of the advertisement. Is this a violation of Section 8 of RESPA? ANSWER: No, this appears to comply with RESPA. As long as the advertising costs paid by each party are reasonably related to the value of the goods or services received in return (i.e., the amount of advertising), no violation exists. In the past, HUD stated that “[n]othing in RESPA prevents joint advertising[,]” but “if one party is paying less than a pro rata share for the brochure or advertise‐ment, there could be a RESPA violation.” Without guidance to the contrary, we assume the CFPB would agree with HUD’s state‐ment. QUESTION: The owner of a title agency meets the owner of a real estate brokerage firm for dinner at a local restaurant. The pur‐pose of the dinner is for the two individuals to discuss future marketing opportunities. After the discussion has ended, the owner of the title agency pays for the real estate broker’s dinner. Is this a violation of Section 8 of RESPA? ANSWER: No, this appears to comply with RESPA. The owner of the title agency can pay for dinner and not violate RESPA because the purpose of the dinner was business related and was not a payment for the referral of business. QUESTION: A mortgage lender devises a contest among local real estate agents where the real estate agent who refers the most customers to the lender will receive a vacation cruise to Alaska. Is this a violation of Section 8 of RESPA? ANSWER: Yes, this is a violation of RESPA. The vacation cruise is a thing of value in exchange for the referral of business and vio‐lates Section 8’s anti‐kickback provisions. Both the mortgage lender and the real estate professionals can be held responsible for the violation under RESPA. QUESTION: A title company places a fax machine in the office of a real estate broker to expedite the process of placing title orders with the title company. The title company expects that the real estate broker will refer business to the title company if the broker can quickly send information to the title company. The fax machine is used only for communication between the real estate broker and the title company. The real estate broker has a separate fax machine for general business. Is this a violation of Section 8 of RESPA? ANSWER: No, this appears to comply with RESPA. The title company provides the fax machine in exchange for actual services from the real estate broker and the fax machine is dedicated to business conducted only with the real estate broker. If, however, the real estate broker uses the fax machine both for business with the title company and its general real estate business, this may con‐stitute a violation of RESPA.

The Real Estate Settlement Procedures Act (RESPA) ensures that consumers throughout the nation are provided with more helpful

information about the cost of the mortgage settlement and protected from unnecessarily high settlement charges caused by cer‐

tain abusive practices.

WhatisRESPA?

Page 7: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

QUESTION: A settlement provider conducts real estate closings in the conference room of the real estate broker with the expecta‐tion that the real estate broker will refer closing business to the settlement agent. The settlement agent pays fair market value to rent the conference room for each closing. Is this a violation of Section 8 of RESPA? ANSWER: No, this appears to comply with RESPA. A settlement service provider may rent a conference room or other office space from another settlement service provider, as long as it pays fair market value to rent the space. Fair market value should be based on what a non‐settlement service provider would pay for the same amount of space and services in the same or a comparable building. QUESTION: A real estate broker pays its real estate agents $20 for each referral the agents make to the real estate broker’s affili‐ated mortgage company. Is this a violation of Section 8 of RESPA? ANSWER: Yes, this is a violation of RESPA. Although RESPA provides an exception for payments made from an employer to its em‐ployees, payments between a real estate broker and its salespeople do not qualify for this exception. Real estate professionals are considered independent contractors, rather than employees of the real estate broker. As a result, the $20 payments described above constitute payments in return for the referral of business in violation of RESPA. QUESTION: A homeowner’s insurance company gives a real estate broker marketing materials, such as desk calendars, pens, and notepads, all of which promote the homeowner’s insurance company’s name. Is this a violation of Section 8 of RESPA? ANSWER: No, this appears to comply with RESPA. RESPA regulations provide an exception to Section 8 for normal promotional and educational activities that are not conditioned on the referral of business and that do not defray expenses that otherwise would be incurred by persons in a position to refer settlement service business.

QUESTION: Do RESPA’s prohibitions on referral fees apply to all settlement service providers? ANSWER: Yes, RESPA applies equally to all settlement service providers and does not distinguish among different types of settle‐ment providers. A settlement service includes any service provided in connection with a real estate settlement including, but not limited to, title searches, title examinations, the provision of title certificates, title insurance, services rendered by an attorney, the preparation of documents, property surveys, the rendering of credit reports or appraisals, pest and fungus inspections, home war‐ranty companies, services rendered by a real estate professional, the origination of a federally related mortgage loan, and the han‐dling of the processing and closing or settlement. This list is broad, but not all‐inclusive.

RealEstateFirmHitwith$500,000RESPAFine

The Consumer Financial Protection Bureau, which took over enforcement of the Real Estate Settlement Procedures Act (RESPA) from HUD several years ago, entered into a consent agreement with a real estate company that says the firm used inadequate dis‐closure language in an affiliated business disclosure. The consent agreement says the firm’s disclosure form didn’t properly reflect a sample form developed by HUD. Access and share NAR resources on RESPA rules. For more info contact Ken Trepeta, 202/383‐1294.

THINK YOU KNOW RESPA?

Take this quiz and find

out!

http://www.realtor.org/

rmoquiz2.nsf/respaquiz?

openform

Page 8: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Souped‐UpSmartphonesMay 2014 | By Erica Christoffer

If hiring a professional photographer isn’t an option for you, but you still want more attractive listing photos and videos, your smartphone might be your answer.

Most smartphones sold today include cameras that range from 8

to 13 megapixels (Lumia 1020’s untouchable 41‐megapizel cam‐

era notwithstanding). That range offers plenty of resolution to

take high‐quality pictures. But the smartphone lens might leave

something to be desired.

The good news is, your smartphone has options. Attachable or

mountable hardware such as lenses, microphones, and tripods

can turn your smartphone into a pseudo digital SLR or video pro‐

duction device.

Scott Newman, broker‐owner of Newman Realty in Chicago,

bought an iPhone kit that came with a clip‐on and a boom‐style

microphone, tripod adapter mount, and a magnetic camera lens

that fits over the phone’s camera to give a wider‐angle view.

“We can now shoot video both in the office and out in the field

with a maximum three‐minute setup time,” says Newman.

HDhatstore.com offers single lenses, such as a 58mm iPhone

5/5s attachable lens for $99.95, or you can create your own mo‐

bile movie system for an iPhone, iPad, or other mobile device

with various lenses, microphones, and video lights. Cost: $300 to

$700.

Photojojo.com offers an iPhone and Android aluminum lens

package for $99, which includes fisheye, telephoto, wide angle,

macro, and polarizing lenses. Each set comes with an adhesive

metal ring that attaches to the back of your phone.

Sony offers the QX10 18.2 megapixel attachable smartphone

lens for $249.99, and with a Wi‐Fi connection, images are auto‐

matically saved to either your iPhone or Android phone. It also

records high‐definition video and includes a 10x optical zoom.

You could also opt for the QX100 model, which has an even

closer zoom for $499.99.

But before you step‐up your mobile photography game, be sure

to keep these best practices in mind:

1. Use a tripod. Especially if you spring for a telephoto lens. It

will help avoid the blur caused by camera shake and achieve

better light exposure.

2. Use a microphone. Shotgun microphones mount on the cam‐

era/smartphone and a lavaliere microphone clips to clothing of

an individual you’re filming. It is especially important to use a

higher quality microphone if you’re shooting video outdoors as

background noise can overwhelm the built‐in microphone on

smartphones.

3. Compose your shot. Take a minute to frame your shot before

you start filming or shooting. Try moving your subject so it’s off‐

set by one‐third in the frame. Move your body by getting lower

to the ground, or use a stepladder to get the optimal angle.

4. Clean your lens. Using a shirt to wipe a lens could cause

scratches. Spring for a lens cleaning cloth, says Newman.

5. Know when to hire a pro. “I do not shoot my own photo‐

graphs for properties over $100,000,” says Newman. “I believe

in the value of a good photographer as their expertise goes well

beyond access to equipment.”

SmartphoneCameraTipoftheMonth:

Crop, Don't Zoom

Many smartphone camera offer a digital zoom function, but you're almost always best served by pretending it doesn't exist. Even in the liveview preview, you'll be able to see how noticea‐bly your images degrade the second you start to "zoom." The camera is simply extrapolating what's already there and basi‐

cally guessing what the image looks like. It gets ugly fast.

When you're cropping, however, you're actually just sampling pixel info that was actually recorded. Many smartphones have 8‐megapixels of resolution and sometimes more. That means you can crop substantially and still have plenty of resolution left for display on the web. And the lack of gross upscaling artifacts will help mask the fact that it was taken with a phone.

Tip courtesy of popphoto.com

Page 9: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Avoidpropertymanagementmistakes "It doesn't matter how good you are in the property management business, there's always something you can get sued for," Lori Burger, CPM and the Institute of Real Estate Management's 2014 president‐elect, said at a property management forum during the Realtor® Party Convention & Trade Expo in Washington, D.C.

Part of it is just the nature of the business: Balancing relationships and contractual agreements with both property owners and renters can leave property managers open to litigation from all sides. To mitigate this, Burger outlined five common mistakes prop‐erty managers make and five ways they can protect themselves.

Mistakes

You don't have a written property management agreement. Burger calls this "your greatest protection." The agreement should clearly state your responsibilities as the property manager and your client's responsibilities as the property owner. Do not perform work that is not listed in the agreement as part of your management du‐ties.

You've pieced together a makeshift lease agree‐ment. "Don't take a lease agreement you found some‐where and edit it to meet your needs," Burger said. Draw up a lease with your attorney, and make sure it complies with laws while still meeting your needs.

You don't put the security deposit in a proper trust account. If you hold a renter's security deposit for the owner yourself, you may be required to pay interest on it.

You don't make the tenant sign a move‐in and move‐out form. "You should personally do a move‐in and move‐out inspection and checklist with the tenant," Burger said. You need to be able to document the condition of the apartment at both move‐in and move‐out times. Take photos and video, and save them to the tenant's file. One thing many property managers overlook is docu‐menting the serial numbers of a unit's appliances. That way, if tenants take appliances with them when they move out, you can track them down more easily.

You incorporate a lease‐purchase agreement into the lease agreement. Should an issue with a tenant arise that lands you in court, a judge could have a hard time determining whether the property is purchased or leased – thus making it more difficult to determine what your rights are as the property manager. Keep lease‐purchase and lease agreements separate.

Successfulstrategies

Keep properties close together. You might not have the staff to manage properties that are too far apart from one another. Distance shouldn't be a factor that makes it difficult for you to keep an eye on your inventory. Generally, properties shouldn't be more than 25 or 30 miles apart, Burger said.

Select tenants very carefully. "I would love to believe that I am the best judge of character there is, but I'm not," Burger said. "It's unfortunate when people you think will prove to be good tenants turn out not to be." Have strict criteria for renters to meet, and do not make exceptions.

Be visible to tenants. Keep in communication with tenants and be responsive to their needs. Most times that will give you an opportunity to swing by and check on the property.

Stay in touch with the client. "We're not just collecting rent," Burger said. "We're there to preserve, protect and enhance the owner's investment." She said her company once set up roof inspections for all its clients for $250 apiece, giving the owners a chance to opt in or out. "If the owner knows you can add value like this, you can turn that client into a referral," Burger said.

Charge what you're worth. Many will be tempted to lower their fees to land the deal. But that can backfire. "You need to be com‐pensated for the work you do," Burger said. Don't sell yourself short, and if you do extra work, charge accordingly for it.

Source: Graham Wood, Realtor® Magazine

© 2014 Florida Realtors®

Page 10: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

May 22nd, 2014—RAMC ANNUAL FUN DAY OF GOLF

It was a gorgeous day on the course

at Martin Downs Golf Club!

Photos courtesy of Warren Flemmer

Page 11: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

...Aaaaaaand they’re off!

A BIG “Thank You” To all of our Volunteers and Sponsors!!

The Keyes Company..............................................................Presenting Sponsor

Infiniti Stuart.......................................................................Hole‐In‐One Sponsor

John Uhle & Assoc..................................................................Closest to the Hole

RE/MAX of Stuart—Jennifer Atkisson‐Lovett....................Longest Drive Sponsor

Seacoast National Bank....................................................Bottled Water Sponsor

Olde Florida Realty—Marty Carmody.........................................Awards Sponsor

Brightway Insurance

Christopher Twohey, PA

Embrace Home Loans

Fidelity Funding Mortgage Corp.—Chris Flaherty

Horsepower Team (Priscilla Baldwin, Joan Rogers, & Michael Landry)

HouseMaster Inspections

Katey Bourgeois

LandTec Survey—Jim Coughlin

Laurel Kelly—Martin County Property Ap‐praiser

Marcia Benson—BarcaBenson Team

Mike Searle Insurance Agency

Mortgage Plus Financial—James Canata

Rick Boschen—Berkshire Hathaway Home‐Services

Seacoast National Bank

Signature Home Inspections—Jim Bloomer

Sue Andersen—RE/MAX of Stuart

UBS Financial—Al Lucci

Universal Land Title—Cindy Miller

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Page 12: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Page 12

Just like clock‐work any time I teach a technology class on risk management, safety &/or the Cloud, the question always arises from the crowd…..yeah these are really cool tools, but are they safe?

And while it is true even some of the largest technology compa‐nies have had to deal with hacking incidents in recent memory and that there is no such thing as a 100% impenetrable/hack‐proof product out there, I am of the belief that the cloud is very safe. That is as long as you the end user aren’t the weak link in the chain.

What I mean by that is, if you have been victim to viruses several times in the past, then you might not want to invest in technolo‐gies like the cloud, because viruses are of course an easy entry point for hackers (but this is easily remedied by obtaining a good Anti‐Virus Suite such as Avast.com or AVG.com). But the other area where you could be the weakness is your use of weak or repetitive passwords on more than one site.

What happens to most of us is, due to the high number of sites we now have to remember passwords for, we understandably get lazy and reuse the same or similar password on multiple websites &/or are forced to carry around a spreadsheet every‐where you go with all of your site logins.

Well there is a big problem with this, hackers have caught on to this trend and now often target websites with low security (example no private data), steal the user login info, then go to high security sites (ex. shopping &/or credit card sites), plug this information in and often are able to access your accounts with‐out ever having to hack into the big sites with all the premium security. In other words, if you are using weak &/or repetitive passwords, it is not a question of if you will be the victim of iden‐tity or credit card theft, but when.

But what if I told you the solution to this is easy and FREE (or the Premium Package is only $12/year). It is called LastPass and it stands for the Last Password you will ever need. The way it works is you will install this onto every computer device

(including the app on your mobile devices) you have and it then installs itself with a little icon/button into all of the web brows‐ers (ex. Internet Explorer, Chrome, etc.) on those devices. So once you have this set up and you go back to any website that requires a login/password, all you have to do is click on the Last‐Pass icon, request that it create a strong password for you for that site and it will store it for you in your password vault. You will need to repeat this process for every site you use, but once you update all of your sites, you can throw out your spreadsheet and from that point on you will only need to remember ONE password, your master password for your LastPass account! And the beauty of this program is it is cloud based and because you are installing it on all of your computer devices, you are al‐ways able to get into all of your websites from any device any‐time with tough passwords (only you don’t have to remember them)! And the Paid/Premium Version even allows you to login from other people’s computers safely by going in through the LastPass website.

And by the way, brokers/company owners, you need to realize that one weak link in your chain can take the whole company down. So if I were in your shoes, I would consider requiring all of my employees to have good Anti‐Virus & Password Protection software solutions.

Hopefully this tip will help you be more secure and make your lives a little bit easier. That’s all for now, until next month!

Craig Grant of The Real Estate Technol‐ogy Institute and EasyRealtySites.com is a national speaker on all aspects of tech‐nology, marketing and risk management as well as a top consultant for REAL‐TORS® looking to run their business more productively and cost efficiently using

technology. For more information, Grant can be reached at 352‐400‐4857 or by email at [email protected].

HOW TO SOLVE YOU BEING THE WEAKEST LINK IN THE CHAIN

What’s the secret to earning more money in real estate? Attending the 2014 REALTORS® Conference & Expo, Nov. 7-10 in New Orleans, LA. Attendees make two times the average real estate income, so you’ll have the chance to network with some of the most successful pros in the industry!

Register today at www.REALTOR.org/Conference to take advantage of hotel room rates starting at just $165 a night; hurry these rates won’t last long!

Page 13: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Page 13

We will be offering the three segments of the GRI 100 series throughout June. Course and registration information is below:

JoinusfortheGRI1designationclassesinJune!

These classes will be held at RAMC: 43 SW Monterey Road

Stuart, FL 34994

$130 for each module OR register for all three GRI 100 Series modules and pay $330. Make Payment to: Florida Realtors®

Toregister,call1‐800‐669‐4327

June5‐6: GRI101‐REALTORS:ProfessionalismandtheLaw‐"STANDARDSOFPRACTICE"

June12‐13:GRI102‐StartingYourBusiness‐"STANDARDSOFPRACTICE"

June19‐20:GRI103‐MaximizeYourProfitability‐"STANDARDSOFPRACTICE"

2014 RPAC Members2014 RPAC Members2014 RPAC Members

$99 Club Members

Diane Asker

W. Thomas Aydelotte

Elias Azzi

Thomas Baker

Bobby Barfield

Peggy Batch‐Gattone

Diana Bloom

Stephen Bohner

Rick Boschen

Boyd Bradfield

Diana Bruton

Marty Carmody

Ronald Caruthers

Joan Cass

Robert Castellano

Jeff Clark

Christopher Clifford

Katherine Coury

Christopher Dalfo

Steven Day

William Dean

David Derrenbacker

Todd Doss

Stephen Dutcher

Mary Dwan

Margaret Dyer

Dennis Fadden

Melody Fortier

Elmira Gainey

James Gallagher

Cheryl Giannunzio

John Gonzalez

Ricou Hartman

Marion Jones

Carolyn Knight

Carol Kucharski

Angie Laviano

Vincent Laviano

Edward Long

Sean Mann

Joseph Martin

Sandy McAlister

Gail McCallum

John McGhee

Patricia McGhee

Stephen Osburn

W Ronald Paradise

Drew Pittman

Paula Police

David Powers

Kevin Powers

Anne Schmidt

Ronald Schmidt

Gary Scott

Randolph Segal

Richard Sheehan

Russell Sites

Gayle Sokoloff

Christine Solimine

Patrick Stracuzzi

Ryan Strom

William Vanderwerff

Mary Ann Villalva

Frank Wacha

H B Warren

Randy Wisniewski

Dorothy Yatsko

Capitol Club Jennifer Atkisson‐Lovett Beverly Bray Nancy Burnopp Sandy Burton Carolyn “Ann” Busbee Deb Duvall Cheryl Gaydos Joan Rogers Diane Romer Colleen Sample Joanne Zarro President’s Circle Golden “R”

Maria Wells

*Names in red denote new status since last month

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Page 14

TheNameGameIt may be tempting to use the word “REALTOR®” in your domain name, but it’s also a violation of the membership marks!

The term REALTOR® is a highly identifiable word that captures the attention of web surfers, which makes it a mighty tempting word to use as part of a domain name or address. Resist that temptation, though, because the term is trademarked and vigorously protected by the National Association of REALTORS®.

There are lots of specifics governing permissible use of the word REALTOR® in domain names; here is a list of the principal rules.

1. The term REALTOR®, whether used as part of a domain name or in some other fashion, must refer to a member or a member’s firm.

2. The term REALTOR®, may not be used with descriptive words or phrases. For example, Number 1realtor.com, numberone‐realtor.com, and realtorproperties.com are all incorrect.

3. For use as a domain name or e‐mail address on the Internet the term REALTOR® does not need to be separated from the member’s name or firm name with punctuation. For example, both johndoe‐realtor.com and johndoerealtor.com would be correct uses of the term as a part of do‐main names; jdoe*[email protected] and [email protected] are both correct uses of the term as part of an e‐mail address.

4. The REALTOR® block R logo should not be used as hypertext links as such uses can suggest an endorsement or recommendation of the linked site. The only exception would be to establish a link to the NAR website, REAL‐TOR.org, or its official property listing site, REALTOR.com

The public has adopted the use of all lower case letters when writing domain names, even those containing trade‐marks. Therefore, for purposes of domain names and internet addresses only, there is an exception to the rule on capitalization of the term REALTOR® and it may appear in lower case letters.

Whether you use traditional print media or the Internet, it is essential to use the REALTOR® marks in accordance with the rules and guidelines. The REALTOR® marks should only be used to denote membership in the National Association of REALTORS®.

National Association of REALTORS®

Get on your bike or into your favorite ride and join our Road Rally October 16‐18. We’re on a mission to build participation in, and support of, Florida Realtors®

PAC.

Click here for more information

Thursday, October 16, 2014

Realtors from across the state will join in organized Regional Rally groups that will end at the Mission Inn, in Tavares, FL.

Along each route, Regional Rally Groups will stop at local associations to facilitate local fundraising events and collect in‐

vestments in the PAC.

Friday, October 17, 2014

All Regional Rally Rides from the previous day will join together to form the State Rally Ride. Along their route, the State

Rally Ride will make stops at other local associations and predetermined checkpoints to build awareness of Realtor issues

and promote participation and investment in the PAC.

Saturday, October 18, 2014

Rally Groups and individuals are encouraged to stay for the Thank You breakfast and awards ceremony before heading

home.

Register online now!

Page 15: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

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Page 16: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Page 16

After many months of planning and preparation, and further weeks of testing, we are so

excited to report that the Miami Data Exchange is finally live! The Miami MLS data was

migrated into our RAMC MLS system overnight and is now available to all of our mem‐

bers.

Now, the RAMC MLS system covers data from St. Lucie County, Martin County, Palm

Beach County, and Miami‐Dade County. We feel it's very important that our members

have access to as much information as possible, so this is just one more step in the right direction!

A few things to note:

You will be able to identify the Miami data by the "A" prefix before their MLS numbers (e.g. A1234567)

The datashare currently includes access to Miami's RE1 (Single Family Residential), RE2 (Condo), and RIN (Residential Income)

property types. In return, they are able to see RAMC’s RES and CND property types. If, in the future, we experience a demand

for additional property types (commercial, rentals, land) they may be added. If this is important to you, we want to know, so

please reach out to your MLS Committee Chairperson, Tom Baker!

The Miami data is viewable in all of our MLS platforms, including: MLXchange, Fusion, AND GoMLS!

If you have any questions please don't hesitate to contact RAMC. 772‐283‐1748

MLSDataSharingisnowLIVEwiththeMiamiBoardofRealtors

CurrentNARMVPProgramOffersValid from June 1 to 15, 2014

Your Action:

VIEW MEMBER TESTIMONIAL VIDEOS FROM REALTOR BENEFITS® PARTNER CHRYSLER

GROUP, LLC

Your Reward:

RECEIVE 10% ECOUPON FROM LOWE’S PROGRAM FOR REALTORS® PLUS CHANCE TO

WIN A LENOVO YOGA TABLET 10 HD+

Lowe’s eCoupon value: up to $1,000 off purchase; Lenovo Tablet value: $399

All participants who complete this action between June 1 and June 15, 2014 will re‐

ceive a 10% eCoupon from Lowe’s Program for REALTORS® + will be entered for a

chance to win a Lenovo Yoga Table 10 HD+.

A single winner for the Lenovo Yoga Table 10 HD+ will be chosen and notified by the

REALTOR Benefits® team the week of 6/16 upon conclusion of the offer

You have until 8/1/14 until your Lowes coupon expires.

ACT NOW—CLICK HERE

Page 17: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

education outlookoutlook

Page 17

June 2014 June 2014 June 2014 GRI 100 Series: Standards of Practice

Thursday, June 5th, Friday, June 6th—Module 101 Thursday, June 12th, Friday, June 13th—Module 102 Thursday, June 19th, Friday, June 20th—Module 103

Register for all three GRI 100 series modules and pay $330. OR $130 each module. To register, call RAMC.

Realtor® Institute courses are approved by the Florida Real Estate Commission for real estate license renewal education credit:

GRI 101, 102 and 103—11 hours of Specialty Continuing Education credit each.

GRI 101, 102 and 103—15 hours of Sales Associate Post License Edication credit each.

GRI 101 and 103—3 hours of Core Law Continuing Education credit (must attend both modules)

Basic (Fusion) MLS

Thursday, June 12th 9:00am‐ 12:30pm 3CEUs FREE

Learn the rules and regulations, MLS overview, client set up, listing input, search & maintenance, add photos, print reports & add a listing to open house tour.

Advanced (FUSION) MLS

Thursday, June 12th 1:30pm‐ 4:30pm 3 CEUs FREE

Listing search review, customizing search templates, exporting, customizing grids, custom reports & agent web page set‐up.

New Member Orientation

Friday, June 20th 9:00am‐3pm FREE

Orientation & Code of Ethics training for new RAMC members.

Code of Ethics—For Members Renewing Association Requirements

Friday, June 20th 1:00pm‐3:00pm $15.00

Members can attend the afternoon portion of the New Member Orientation to satisfy their biennial requirement for Legal Liability, and quadrennial requirement for Code of Ethics training. This class doe NOT offer CEUs.

Public/Private School Roundtable

Wednesday, June 25th 9am‐11:30am FREE

Join us as we welcome nationally recognized personal safety ex‐pert and law enforcement trainer Dennis Root.

Live Webinar: “Loan Qualification Workshop” with Paul Marek

Thursday, June 26th 9:00am– 12:00pm 3 CEUs $15.00

Grab a calculator and get ready to master the particulars of loan qualification! New and seasoned Realtors® alike will find value in this Loan Qualification Workshop, which was designed to continue educating Realtors® who already have a working knowledge of the fundamentals of mortgage finance and general lending policy and practices. Special note: Instructor requests that students bring a calculator.

Construction 101

Friday, June 27th 9:00am‐11:00am FREE

New construction is booming! Learn about construction trends, construction terminology, and so much more!

Fusion Hands‐On Training

Monday, June 30th 9:00am‐12:00pm FREE

Fusion MLS is the cross‐browser compatible option currently avail‐able to RAMC members. If you have specific functions that you want to learn how to do in Fusion, or if you just want a little hands‐on help navigating the system, then this class is for you! Bring your laptop and get ready to learn Fusion! (Note: This is NOT a class for tablets and smart phones. Please register for GoMLS training for that) Limited to 20.

RAMC GoMLSApp Training

Monday, June 30th FREE

Session for Android: 1:30pm‐3:00pm

Session for Apple/ iOS: 3:30pm‐5:00pm

Join us for this class to learn how to use the new "RAMC GoMLS" app to view listings on the go. Bring your tablet or smartphone with you! Limited to 20.

HOW TO REGISTER

Log on to http//www.RAMCFL.org

Click on Register for Classses

Click on Class

Click on Register Now

Enter Credit Card information if there is a fee

Click on Register

Click on Print Register on Confirmation Page

Or call RAMC at 772‐283‐1748. No refunds or credits for no‐shows. Cancel 48 hours in advance if necessary.

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Page 18

Article 17 of the Realtor® Code of Ethics states: In the event of contractual disputes or specific non‐contractual disputes as defined in Standard of Practice 17‐4 between Realtors® (principals) associated with different firms, arising out of their relationship as Realtors®, the Realtors® shall mediate the dispute if the Board requires its members to mediate. If the dispute is not re‐solved through mediation, or if mediation is not required, Realtors® shall submit the dispute to arbitration in accordance with the policies of the Board rather than litigate the matter.

In the event clients of Realtors® wish to mediate or arbitrate contractual disputes arising out of real estate transactions, Realtors® shall mediate or arbitrate those disputes in accordance with the policies of the Board, provided the clients agree to be bound by any resulting agreement or award.

The obligation to participate in mediation and arbitration contemplated by this Article includes the obligation of Realtors® (principals) to cause their firms to mediate and arbitrate and be bound by any resulting agree‐ment or award. (Amended 1/12)

Ethics Review

Case 17‐1: Arbitration Involving a Realtor® Selling her Own Property

Realtor® B was a real estate broker and property manager who, in addition to managing property for others, frequently bought

and sold income property for her own account. Needing capital for another project, Realtor® B decided to sell a three‐flat building

in which she had a strong equity position and which she thought would move quickly, given the current market conditions. To

maximize market exposure, she listed the property with her firm and entered information regarding the listing into the MLS. She

put a sign in front of the property indicating that it was for sale “by owner.” Her ads in the local newspapers indicated that the

seller was a “broker‐owner.”

Realtor® A, who lived near the building, saw the “for sale” sign and called Realtor® B. Introducing himself as a broker and as a Real‐

tor®, Realtor® A asked what the asking price was and whether Realtor® B was interested in listing her property. Realtor® B did not

indicate that she had listed her own property nor did she disclose that she was a broker or a Realtor®. She did indicate that she

would pay a commission to Realtor® A if he procured a purchaser for the property but added that she preferred not to enter into

an exclusive relationship with any broker and didn’t want to put anything into writing.

Realtor® A thought the property might interest Dr. X, Realtor® A’s chiropractor, and contacted him. Dr. X was in fact interested

and, after several visits to the property, made an offer to purchase which was subsequently accepted by Realtor® B.

At the closing, Realtor® A learned several things, among them, that Realtor® B, the seller, was also a Realtor® and, more impor‐

tantly, that Realtor® B had instructed that only half of the previously agreed on commission was to be disbursed to Realtor® A.

When Realtor® A protested the shortfall, Realtor® B responded that her property was highly desirable, had “practically sold itself,”

and, in any event, Realtor® A had expended minimal efforts in bringing about the quick sale. Realtor® A disagreed with Realtor® B’s

reasoning and, after appeals to Realtor® B’s sense of fairness went unheeded, filed an arbitration request with the Board of Real‐

tors®. Faced with the request to arbitrate, Realtor® B declined, referring to Article 17 of the Code of Ethics and noting that it re‐

lates to disputes between Realtors® “. . . arising out of their relationship as Realtors® . . .” whereas she had been the seller.

Realtor® B’s refusal to arbitrate was referred to the Board of Directors for their consideration. Realtor® B repeated her defense

that, as the seller, she was not obligated to arbitrate a dispute with another Realtor® who had been acting within the scope of his

broker’s license absent a specific arbitration agreement. Realtor® B pointed out that the agreement between them was oral and, in

response to Realtor® B’s question, Realtor® A admitted that the question of arbitration had never even been discussed. Realtor® A

produced a copy of a recent MLS compilation and pointed out that information regarding the property appeared in it. Realtor® B

responded that inclusion of information in the MLS had been a “technicality” and that she had “listed with herself” merely to com‐

ply with MLS rules and that she had considered herself the seller, first and foremost. The Directors agreed with Realtor® B that she

obviously had been a principal in the sale of her own property but went on to conclude that by listing the property, albeit with

herself, she no longer was exclusively a principal in the transaction but had also acted within the scope of her broker’s license. As

such, she had become embroiled in a contractual dispute with another Realtor® “...arising out of their relationship as Realtors®...”

and had become obligated to arbitrate.

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Page 19

Case #17‐2: Attempted Use of Corporate Veil to Avoid Obligation to Arbitrate

Realtors® A and B, principals in different firms, were both members of the same Board. A disagreement arose between them con‐

cerning entitlement to a commission in a real estate transaction. After initial efforts to resolve the dispute proved fruitless, Real‐

tor® A filed a request for arbitration with the Board which was reviewed by the Grievance Committee which concluded that an

arbitrable issue existed. Instead of agreeing to arbitration through the Board, Realtor® B filed a lawsuit against Realtor® A. Receiv‐

ing notice of the suit, Realtor® A filed a charge with the Board alleging Realtor® B had violated Article 17 of the Code of Ethics.

Realtor® B, in his presentation to the Board of Directors indicated that, in his opinion, he was not subject to any ethics charge,

since it was his corporation, and not Realtor® B individually, that had filed suit against the corporation of Realtor® A, not against

Realtor® A himself.

Realtor® A told the Board of Directors that immediately upon occurrence of the dispute, he had suggested to Realtor® B that the

matter be arbitrated by the Board, and Realtor® B said he would think about it. Realtor® A then proceeded to file his request for

arbitration with the Board. However, Realtor® B did not respond to the arbitration notice and, shortly thereafter, Realtor® A re‐

ceived notice of the suit filed by Realtor® B’s corporation against the corporation of Realtor® A. He said he then called Realtor® B

and again discussed the obligation of Article 17 with him. However, Realtor® B advised him that his corporation was not subject to

the requirements of the Code and stated his intent to pursue the litigation.

Realtor® B acknowledged that the facts as related by Realtor® A were correct and that his corporation had filed suit upon the ad‐

vice of the corporation’s legal counsel. Realtor® B said that membership in a Board of Realtors® is individual and that personal re‐

sponsibility disappears when a matter of corporate business is involved. He pointed out that he was not the only principal or offi‐

cer in his corporation and that the decision to file litigation was not made by him alone, but by all of the corporate officers.

The Board of Directors, in reaching its decision, did not agree with Realtor® B’s position. The Directors’ noted that the membership

requirement in a Board of Realtors® has, as its purpose, the assurance of commitment by the principals in the firm to the Code of

Ethics. This commitment addresses the conduct and activities of all persons affiliated with the Realtor®’s firm whether a sole pro‐

prietorship, partnership, or corporation. Moreover, the Directors pointed out that Article 17 obligates Realtors® to “. . . cause their

firms to arbitrate and be bound by an award.”

Realtor® B was advised to withdraw the litigation and submit to arbitration by a date certain or his membership in the Board would

be terminated. Realtor® B accepted the decision, withdrew the suit against Realtor® A, and submitted to arbitration.

GOT ETHICS? In addition to the quadrennial

Code of Ethics requirement by

the National Association of

Realtors®, the Realtor Associa‐

tion of Martin County require‐

ments include a Legal Liability

course requirement to be ful‐

filled every 2 years. The Code

of Ethics class fulfills this re‐

quirement! Make sure your

credits are not out‐of‐date!

Page 20: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Eye on Government

Page 20

FHAPrograms(FederalHousingAdministration)

FHA Blueprint for Access On May 13, 2014, FHA released its “Blueprint for Access” which offers a pilot housing counseling program as well as enhanced qual‐ity assurance measures. FHA hopes these efforts will expand access to credit for underserved borrowers.

The pilot housing counseling program is called Homeowners Armed with Knowledge, or HAWK. Homebuyers who participate in HAWK will qualify for reductions in their mortgage insurance premiums for FHA‐insured loans. Homebuyers who complete housing counseling before signing a contract to purchase a home and who complete additional pre‐closing housing counseling will receive a 50 basis point reduction in the upfront FHA mortgage insurance premium (MIP) and a 10 basis point reduction in the annual FHA MIP. Home‐owners that participate in post‐closing counseling, and have a track record of timely mortgage payments, receive an additional 15 basis point reduction in annual MIP. On May 15, 2014, a notice was pub‐lished in the Federal Register and NAR will provide comments by July 14, 2014.

The quality assurance proposal offers more clarity and transparency to FHA policies to help reduce lender overlays. The agency is work‐ing on a FHA Handbook that will consolidate hundreds of mortgagee letters and other policy guidance into a single document. FHA also plans to introduce a supplemental national lender performance metric to complement the existing Lender Compare Ratio. This will provide a better assessment of lender performance. The quality assurance initiatives are expected to be rolled out gradually over the summer and early fall 2014.

Bluprint for Access Federal Register Notice on HAWK

MortgageLoanLimits

FHFA Plans To Increase Credit; Leaves Loan Limits Unchanged

On May 13, 2014, Federal Housing Finance Agency (FHFA) Director Mel Watt made his first public speech addressing FHFA’s strategic plan for Fannie Mae and Freddie Mac (the government spon‐sored enterprises or GSEs). In the speech, Di‐rector Watt announced that the GSEs would take actions that improve li‐quidity in the present

single‐family housing finance market, including stepping back from a proposed reduction in conforming loan limits which are currently set at $417,000 and up to $625,500 in high‐cost areas of the country. In December 2013, former FHFA Acting Director Ed DeMarco had proposed reducing the limits to $400,000 and $600,000 respectively, an action that NAR opposed. Director Watt also indicated that FHFA would be publishing a request for input on the guarantee fees (g‐fees) and loan level pricing ad‐justment fees (LLPAs) that are often passed onto borrowers. NAR will be submitting comments once the request is published.

“TheWashingtonReport”fromNAR

NotonBoardwithAllAboardFloridaInCaseYouMissedIt:ThisarticlewaspreviouslypublishedbyRAMCintheSundayRealEstateSectionoftheStuartNews

After carefully studying as much of the available information as possi‐ble, the members of the REALTOR® Association of Martin County must express our serious concerns about the proposed high‐speed rail plan All Aboard Florida.

Moreover, we’re especially concerned about impending increases in freight‐train traffic—which can stretch as long as 2 miles—running through our county on Florida East Coast Industries’ eastern tracks. Many of these concerns have already been addressed by the residents of Martin County, as well as by the Martin County Board of County Commissioners and our neighbors to the north and south.

As REALTORS® we are strong proponents of private‐property rights. Yet when the rights of one corporation—potentially supported by billions in tax dollars—infringe upon the rights and values of many property own‐ers in our cherished community, we are compelled to speak up.

The proposal from Florida East Coast Industries—the parent company of All Aboard Florida—has prompted many news‐agency and citizen

investigations. Overwhelmingly, those reports conclude that passenger rail service may not be the only goal of FECI. It seems that the widening of the Panama Canal and the doubling of FECI’s freight yard in Hialeah—with tracks leading straight to the Port of Miami—is causing many to conclude that accommodating the increasing number of freight trains is the actual intent of All Aboard Florida.

By FECI’s own account, the amount of freight that will come through the Port of Miami will increase 30% upon the completion of the widen‐ing of the Panama Canal.

Although FECI markets All Aboard Florida as a privately funded enter‐prise, the community is now well aware that the project is pursuing a grant from the Federal Railroad Administration to the tune of $1.5‐$2.5 billion dollars.

Without question, All Aboard Florida will significantly transform life in Martin County. The project bisects our county, which has 28 rail cross‐ings of roadways. The proposal adds 32 daily trains to the existing corri‐

Article continued on facing page >>

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Page 21

dor. Even with the generous estimate of only 2‐minute closures for each crossing, the inconvenience burdens Martin County commuters with an additional hour each day of waiting in traffic.

It’s not just motorists that will experience gridlock from All Aboard Flor‐ida. Boaters will especially experience the effects. The opening and closing of the St. Lucie River rail‐bridge takes 17 minutes, so the de‐mands of the All Aboard Florida timetable will greatly restrict boat traf‐fic at that important access point to the wide water. Recreational boat‐ers, and the marine industry in general, remain a vital constituency, contributor and employer to our community. What negatively impacts them affects every Martin County taxpayer.

Most importantly, the public safety repercussions loom large. Emer‐gency vehicles encountering extended delays due to increased wait times from more frequent railway closures is of great concern. When train crossings separate first responders from those in need, the conse‐quences can prove tragic.

Other concerns exist, mostly centering on the financial impact of im‐provements, inspection and maintenance of rail line equipment and infrastructure. Three times as many trains transiting Martin County means three times as much wear and tear on the 18 crossings that are County‐operated, and those are just the direct costs.

Utility and fiber optic line relocation, impacts on FEC leases, and “quiet zone” improvements are all other potentially unfunded mandates in‐

cluded in the price tag to be borne by Martin County citizens. The Fed‐eral Railroad Administration has yet to complete its Environmental Im‐pact Study, so those concerns remain unanswered.

Let us be clear: Our membership is not against passenger rail. To the contrary, we’ve supported the expansion of Amtrak passenger service into Stuart via the FEC Corridor project and remain committed to the expansion and promotion of rail as a vital link from Martin County to points north and south.

We also believe that there are many unexplored options that could have a beneficial impact on our county. Those include making use of the right‐of‐way along the Florida Turnpike to build an elevated train or moving the high‐speed passenger rail service and increased freight train traffic to the western CSX tracks.

We believe such options have the potential for enormous economic benefit if done correctly. However, as proposed this project offers little discernible benefit for Martin County residents and lots of costly head‐ache.

Although we await the results of the FRA Environmental Impact Study and response from the U.S. Coast Guard, which has jurisdiction over the rail bridge crossing the St. Lucie River—we remain deeply skeptical that All Aboard Florida will do any more than harm our community’s quality of life.

ORLANDO, Fla. – May 22, 2014 – Florida's housing market reported higher median prices, more new listings and a slight rise in inven‐tory in April, according to the latest housing data released by Florida Realtors®. Closed sales of single‐family homes statewide totaled 21,385 last month, up 4.1 percent over the April 2013 figure.

"Florida's strengthening economy and increased jobs outlook are positive signs for continued growth in the state's housing market," said 2014 Florida Realtors® President Sherri Meadows, CEO and team leader, Keller Williams, with market centers in Gainesville, Ocala and The Villages. "Statewide, new listings for single‐family homes in April rose 9.2 percent year‐over‐year, while new town‐house‐condo listings rose 1.4 percent. This increase in listings shows many Florida homeowners are continuing to regain equity in their homes. Potential sellers who were on the sidelines now believe the time is right to put their residences on the market.

"And, for the 29th month in row, median sales prices rose year‐over‐year for both single‐family homes and townhome‐condo proper‐ties."

The statewide median sales price for single‐family existing homes last month was $175,000, up 6.1 percent from the previous year, according to data from Florida Realtors Industry Data and Analysis (IDA) department in partnership with local Realtor boards/associations. The statewide median price for townhouse‐condo properties in April was $140,500, up 9.8 percent over the year‐ago figure. The median is the midpoint; half the homes sold for more, half for less.

According to the National Association of Realtors (NAR), the na‐tional median sales price for existing single‐family homes in March 2014 was $198,200, up 7.4 percent from the previous year the na‐tional median existing condo price was $200,800.In California, the

statewide median sales price for single‐family existing homes in March was $435,470; in Massachusetts, it was $314,063; in Mary‐land, it was $245,891; and in New York, it was $217,500.

Looking at Florida's townhome‐condo market, statewide closed sales totaled 10,766 last month, down 5.1 percent compared to April 2013. The closed sales data reflected fewer short sales last month compared to the previous year: Short sales for condo‐townhome properties declined 57.9 percent while short sales for single‐family homes dropped 51.5 percent. Closed sales typically occur 30 to 90 days after sales contracts are written.

"We continue to see the development of a sustainable market here in Florida," said Florida Realtors Chief Economist Dr. John Tuccillo. "The numbers all suggest a balanced market, and the slight uptick in inventory is a correction for the historically low levels we've seen over the past two or three years.

"If there's anything that jumps out of these numbers, it is the rap‐idly disappearing short sale market. The decline in short sales – a characteristic seen all over the country – is a function of rising prices reducing the number of candidate properties for short sales. We expect this will continue as the market continues to improve."

Inventory was at a 5.7‐months' supply last month for single‐family homes and at a 6‐months' supply for townhouse‐condo properties, according to Florida Realtors.

According to Freddie Mac, the interest rate for a 30‐year fixed‐rate mortgage averaged 4.34 percent in April 2014, up from the 3.45 percent average recorded during the same month a year earlier.

Realtors can find local sales statistics by zip code and metro area (login required) on Florida Realtors website.

Fla.’shousingmarket:Prices,listingsriseinApril

Page 22: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Closed Sales

Cash Sales

New Pending Sales

New Listings

Median Sale Price

Average Sale Price

Median Days on Market

Avg. Percent of Original List Price Received

Pending Inventory

A

S

O

N

D

J

F

M

A

M

J

J

A

S

O

N

Produced by Florida REALTORS® with data provided by Florida's multiple listing services. Statistics for each month compiled from MLS feeds on the 15th day of the following month.

Data released on Thursday, May 22, 2014. Next data release is Monday, June 23, 2014.

1,398 1,216 15.0% Inventory (Active Listings)

92.9% 92.0% 1.0%

479 526 -8.9%

$341,471 $423,149 -19.3%

64 65 -1.5%

329 306 7.5%

$298,495 $265,000 12.6%

Months Supply of Inventory 7.5 7.2 4.8%

April 2014 April 2013Percent Change

Year-over-Year

215 214 0.5%

98 95 3.2%

269 296 -9.1%

$180K

$200K

$220K

$240K

$260K

$280K

$300K

$320K

Me

dia

n S

ale

Pri

ce

1,000

1,200

1,400

1,600

1,800

2,000

2,200

2,400

Tota

l In

ven

tory

0

50

100

150

200

250

Clo

sed

Sal

es

Monthly Market Summary - April 2014

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

2010 2011 2012 2013

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

2010 2011 2012 2013

Martin County Single Family Homes

Page 23: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

Closed Sales

Cash Sales

New Pending Sales

New Listings

Median Sale Price

Average Sale Price

Median Days on Market

Avg. Percent of Original List Price Received

Pending Inventory

A

S

O

N

D

J

F

M

A

M

J

J

A

S

O

N

Produced by Florida REALTORS® with data provided by Florida's multiple listing services. Statistics for each month compiled from MLS feeds on the 15th day of the following month.

Data released on Thursday, May 22, 2014. Next data release is Monday, June 23, 2014.

Months Supply of Inventory 5.8 6.7 -13.1%

April 2014 April 2013Percent Change

Year-over-Year

148 169 -12.4%

98 128 -23.4%

156 156 0.0%

161 153 5.2%

$119,100 $107,000 11.3%

$151,175 $135,786 11.3%

57 85 -32.9%

579 645 -10.2% Inventory (Active Listings)

90.9% 89.6% 1.5%

209 231 -9.5%

$70K

$80K

$90K

$100K

$110K

$120K

$130K

$140K

Me

dia

n S

ale

Pri

ce

0

200

400

600

800

1,000

1,200

1,400

Tota

l In

ven

tory

0

50

100

150

200

Clo

sed

Sal

es

Monthly Market Summary - April 2014

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

2010 2011 2012 2013

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A

2010 2011 2012 2013

Martin County Townhouses and Condos

Page 24: sponsors digestramconline.info/docs/newsletter/2014/RAMC_News_June_2014.pdf · REALTOR® ASSOCIATION OF MARTIN COUNTY 43 SW Monterey Road Stuart, Florida 34994 Phone (772) 283‐1748

June2014June2014June2014MONDAYMONDAYMONDAY TUESDAYTUESDAYTUESDAY WEDNESDAYWEDNESDAYWEDNESDAY THURSDAYTHURSDAYTHURSDAY FRIDAYFRIDAYFRIDAY

2 38:30am—Residential Marketing, Area 14, Maps R & S

4 5 6

9

108:30am—Residential Marketing, Area 14, Map Q, and 5020/5030

1111:30am—Finance Committee Mtg

129am—Basic MLS Training

1:30pm—Advanced MLS Training

13

16

178:30am—Residential Marketing, Area 12, Maps O & P

18

198:30am—Board of Directors Mtg

209am—New Member Orientation

23

248:30am—Residential Marketing, Area 9, Map J

259am—Public/Private School Round‐table

269am—Loan Qualification Workshop

279am—Construction 101 Roundtable

309am—Fusion Hands‐On Training

1:30pm—GoMLS for Androids

3:30pm—GoMLS for iOS

“““Thank You” to our May Program Sponsors

Sponsoring programs and events at RAMC allows Business Partners to have much‐desired time in front of our Realtor®

members to network with them, and discuss their services and products that are offered.

It’s the best way to maximize your RAMC Business Partner membership!

If you are interested in sponsoring an upcoming program, please contact Renee at [email protected]

5/1/2014 "The One Thing" with Kim Dickey Karen Gilmore Business Partner Committee

5/2/2014 FHA 203k Renovation Program Donna Pearlman A+ Mold Inspection Specialist

5/6/2014 marketing Gay Asbury Seacoast National Bank

5/8/2014 Basic MLS RAMC RAMC

5/8/2014 Intermediate MLS Charlie Mendinhall Sterling Mortgage

5/9/2014 Election Update with Vicki Davis RAMC RAMC

5/9/2014 Form Simplicity Training RAMC RAMC

5/13/2014 marketing Joe Premo Premo Home Inspections

5/16/2014 orientation‐breakfast John Uhle John Uhle & Associates

5/16/2014 orientation‐Lunch Ellen Snow/Mari Quevedo Kolter Homes

5/20/2014 marketing Jacqui Brock Prime Lending

5/23/14 Real Estate Investment Analysis Made Easy RAMC RAMC

5/27/14 marketing Peggy Hornick East Coast Mortgage Lenders

GRI 101

GRI 102

GRI 103