Agency Changes Webinar: June 12, 2012

AGENCY LAW CHANGES:WHAT DO THEY MEAN FOR YOU AND YOUR AGENTS?

BEFORE WE BEGIN

Audience members will not have speaking capabilities on this call

However, we encourage all attendees to submit questions through the question field on the Go To Meeting control panel

There will be a Q&A portion at the end of the presentation

All questions submitted through the Go To Meeting control panel are private; they cannot be seen by other audience members

WHAT WE’LL COVER• the upcoming changes to the current agency law;

• a review of the standard disclosure forms and other supplemental forms that will be available later this month;

• an outline of resources that will be made available to brokers and agents to inform and help them adapt to the changes;

• a few FAQs we’ve already been hearing around the state; and

• a Q&A period for additional questions you may have

AGENCYChanges to Virginia agency law take effect July 1, 2012.

In the coming months, VAR will provide a variety of resources to help you adapt to the revisions, including videos, webcasts, articles, new forms, and classes.

WHYTHE CHANGE TO THE LAW?

1. INFORM THE CONSUMER. The law is to make sure consumers are fully informed about the real estate services they’ll receive and the nature of the relationship with the licensee.

2. MITIGATE REALTOR® LIABILITY. The law is designed to protect licensees by making sure full disclosure is provided and the nature of brokerage relationship is reduced to writing. It’s to eliminate much of the consumer confusion that can come back and bite the licensee.

3. DISCOURAGE OPPORTUNISITIC DUAL AGENCY.The law is intended to make sure that licensees who practice dual agency are fully informing consumers about the risky nature of that relationship.

AGENCY LAW CHANGES

All licensees must have written brokerage agreements with consumers they represent. These agreements must, at a minimum: Provide a list of services that the

agent will provide; Provide a schedule of fees that

will be associated with service, and when payable; and

Provide a definite termination date.

1. GET IT IN WRITING

INDEPENDENT CONTRACTORmeans a real estate licensee who:

• enters into a brokerage relationship based upon a brokerage agreement that specifically states that the licensee is acting as an independent contractor and not as an agent;• has obligations agreed to by the parties in the brokerage agreement; • is required to

• maintain client confidentiality;• exercise ordinary care; • account for a client’s money and property; • disclose material facts to client regarding the property and/or the transaction, and disclose material adverse facts/defective drywall to prospective purchasers and tenants;• treat all parties honestly; and• disclose the brokerage relationship to all parties; but

• does not have any other duties of a standard agent under Sections 54.1-2131 through 54.1-2135 (marketing, negotiating, etc.)

Dual agents and representatives must provide enhanced disclosure of limitations on what dual agents can and cannot do for parties to a transaction.

There are exceptions for situations where existing clients come together in a common transaction, and for independent contractors.

2. ENHANCED DISCLOSURES FOR DUAL AGENCY

AGENCY LAW CHANGES

Licensees must take a three-hour course on the provisions of the agency statute and the changes made in the legislation.

You may exempt yourself from this only if you agree in writing that you will not practice residential standard agency during your license term.

3. MANDATORY AGENCY COURSE

AGENCY LAW CHANGES

AGENCY COURSE TIMINGAgents must take a three-hour course on the provisions of the agency statute and the changes made in the legislation.

This means that if your current license expires after July 1, 2012, you may take the three-hour agency course at any time, beginning right now. In fact, if your license expires in July 2012, you will need the course very quickly.

However, if your license expires in February through June of 2012, you should wait to take the course until after you have renewed your license. You may take the course now, but you will need to take it again (for credit) in your next license cycle.

NEW AGENCY DISCLOSURE FORMS• DISCLOSURE OF DUAL AGENCY OR REPRESENTATION – RESIDENTIAL

• DISCLOSURE OF DUAL AGENCY OR REPRESENTATION – COMMERCIAL

• DISCLOSURE OF BROKERAGE RELATIONSHIP FOR UNREPRESENTED PARTIES

• DISCLOSURE OF DESIGNATED AGENCY OR REPRESENTATION

In addition to these new required forms, we’ve also created several additional resources to help you adapt to the changes:• INDEPENDENT CONTRACTOR LISTING AGREEMENT

• EXCLUSIVE BUYER BROKER AGREEMENT (REDUCED IN SIZE)

• NON-EXCLUSIVE BUYER BROKER AGREEMENT (REDUCED IN SIZE)

• TWO CONSUMER INFORMATION PIECES:

• DISCLOSURE OF BROKERAGE RELATIONSHIP INFORMATION FORM

• CONSUMER INFORMATION REGARDING WRITTEN BUYER BROKER AGREEMENTS

DISCLOSURES OF DUAL AGENCY OR REPRESENTATIONRESIDENTIAL

2 PAGES

WWW.VAREALTOR.COM/STANDARDFORMS

DISCLOSURES OF DUAL AGENCY OR REPRESENTATIONCOMMERCIAL

1 PAGE

WWW.VAREALTOR.COM/STANDARDFORMS

DISCLOSURE OF BROKERAGE RELATIONSHIPFOR UNREPRESENTED PARTIES

1 PAGE

WWW.VAREALTOR.COM/STANDARDFORMS

DISCLOSURE OF DESIGNATED AGENCYOR REPRESENTATION

1 PAGE

WWW.VAREALTOR.COM/STANDARDFORMS

INDEPENDENT CONTRACTOR AGREEMENT5 PAGES

WWW.VAREALTOR.COM/STANDARDFORMS

BUYER BROKER AGREEMENTAVAILABLE IN EXCLUSIVE& NON-EXCLUSIVE

2 PAGES

WWW.VAREALTOR.COM/STANDARDFORMS

SHORT BUYER BROKER AGREEMENTNON-EXCLUSIVE ONLY

1 PAGE

WWW.VAREALTOR.COM/STANDARDFORMS

YOUR REALTOR’S ROLE2-PAGE PIECE DESIGNED TO OUTLINE

1.WHY CONSUMERS SHOULD USE A REALTOR®

2.WHY A BROKERAGE AGREEMENT IS NECESSARY

WWW.VAREALTOR.COM/REALTORSROLE

RESOURCES FOR BROKERS & AGENTSWEBSITEMAGAZINEEDUCATIONSTANDARD FORMSCOURSE CALENDARVIDEOSHOTLINE Q&AWEBINARS

VAREALTOR.COM/AGENCY

VAREALTOR.COM/AGENCYCLASS CALENDAR CURRENTLY SHOWS MORE THAN 120 AGENCY COURSE OFFERINGS ACROSS THE STATE

WWW.VAREALTOR.COM/AGENCY

COMMONWEALTH MAGAZINEAPRIL: AGENCY PRIMERJUNE: AGENCY CHANGE TUTORIAL

WWW.VAREALTOR.COM/COMMONWEALTH

DO I HAVE TO HAVE

A WRITTEN AGREEMENT TO SHOW SOMEONE A HOUSE THAT IS NOT MY LISTING?

Yes. But…

It doesn’t have to be exclusive

It doesn’t have to be long-term

It doesn’t have to be for compensation

It doesn’t have to be an agency relationship

WHEN DO YOU NEED TO DISCLOSE YOUR BROKERAGE RELATIONSHIP?

The big questions is:

Is the consumer already represented?

If no:

“Substantive” discussion

Specific property

Actual prospect who is not your client and who is not represented by any other licensee

WHAT IS SUBSTANTIVE?

Pricing questions

Motivation

Repairs/property condition

QUESTIONS & [email protected]