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Worcester Regional Association of REALTORS® 1 www.wrar.org President’s Message 1 December Month-at-a-Glance 2 Latest News 3-4 Community Action Committee 5-6 CREST 7 Upcoming Events 8-10 Membership News 11-13 Legal Hotline 14 Government Affairs 15-16 Inside this Issue: President’s Message WRAR Mission Statement The purpose of the Worcester Regional Association of REALTORS ® is to: * Provide members with the resourc- es that enable them to serve the public in an ethical and profes- sional manner * Take an active role regarding issues affecting sellers, buyers, tenants and landlords. December 2013 Happy Holidays! This is my last newsletter as your president. It has been a privilege to serve you and the Worcester Regional Association of REALTORS® this year. It seems like yesterday that I was installed, and in a week we will be welcoming David Stead as your 2014 President. Best Wishes to Dave! We accomplished a lot this year. At the end of 2012, WRAR created a new Strategic Plan with 24 Key Areas that we wanted to accomplish over the next three years. For 2013 we set our priorities on the Top 6 Goals: 1. For WRAR to have an effective financial plan in place 2. All activities are Mission driven 3. Strong relations between DRs and WRAR 4. Leadership criteria is established and periodic leadership training is offered 5. Master plan identifies the need for volunteers and the corresponding skills required 6. WRAR website is seen by members as their primary online resource I’m happy to report to you that we achieved all of these and will continue to monitor them so they stay on track. Our biggest achievement was to make sure that everything we did was in line with our Mission Statement to best serve our members and, through them, their Clients. And have you seen our new Website - it’s awesome. In addition, we also accomplished the next five goals and have plans to accomplish the remaining goals in 2014. In 2013 most of us felt the recovery. In most towns it’s a Seller’s or Balanced market again and there’s shortage of inventory because we’re selling everything on the market in an av- erage of 109 day compared to 124 days in 2012. Thru the end of November we’ve sold 8738 Properties compared to 7828 Properties in 2012 and average sale price $210,407 vs $185,316 for all property types. Single Family sales are up 12.4% and Condos are up 23.5% for the year! Our industry is unique in the way we cooperate and share. Thank you for your professional- ism and for being the best co-broker you can be. Thank you for allowing me to serve you in 2013. It was a Pleasure. I encourage you to get involved with your board and your office; you’ll get back so much. Wishing You and Your Families the Happiest of Holidays! Rochelle Rochelle Jonswold 2013 WRAR President Happy Holidays!
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Connections December 2013

Feb 22, 2016

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Page 1: Connections December 2013

Worcester Regional Association of REALTORS® 1 www.wrar.org

President’s Message 1December Month-at-a-Glance 2

Latest News 3-4Community Action Committee 5-6

CREST 7Upcoming Events 8-10Membership News 11-13Legal Hotline 14Government Affairs 15-16

Inside this Issue: President’s Message

WRAR Mission StatementThe purpose of the Worcester Regional Association of REALTORS® is to:

* Provide members with the resourc-es that enable them to serve the public in an ethical and profes-sional manner

* Take an active role regarding issues affecting sellers, buyers, tenants and landlords.

December 2013

Happy Holidays! This is my last newsletter as your president. It has been a privilege to serve you and the Worcester Regional Association of REALTORS® this year. It seems like yesterday that I was installed, and in a week we will be welcoming David Stead as your 2014 President. Best Wishes to Dave!

We accomplished a lot this year. At the end of 2012, WRAR created a new Strategic Plan with 24 Key Areas that we wanted to accomplish over the next three years. For 2013 we set our priorities on the Top 6 Goals:

1. For WRAR to have an effective financial plan in place 2. All activities are Mission driven 3. Strong relations between DRs and WRAR 4. Leadership criteria is established and periodic leadership

training is offered 5. Master plan identifies the need for volunteers and the corresponding skills required 6. WRAR website is seen by members as their primary online resource

I’m happy to report to you that we achieved all of these and will continue to monitor them so they stay on track. Our biggest achievement was to make sure that everything we did was in line with our Mission Statement to best serve our members and, through them, their Clients. And have you seen our new Website - it’s awesome. In addition, we also accomplished the next five goals and have plans to accomplish the remaining goals in 2014.

In 2013 most of us felt the recovery. In most towns it’s a Seller’s or Balanced market again and there’s shortage of inventory because we’re selling everything on the market in an av-erage of 109 day compared to 124 days in 2012. Thru the end of November we’ve sold 8738 Properties compared to 7828 Properties in 2012 and average sale price $210,407 vs $185,316 for all property types. Single Family sales are up 12.4% and Condos are up 23.5% for the year!

Our industry is unique in the way we cooperate and share. Thank you for your professional-ism and for being the best co-broker you can be.

Thank you for allowing me to serve you in 2013. It was a Pleasure. I encourage you to get involved with your board and your office; you’ll get back so much.

Wishing You and Your Families the Happiest of Holidays!

RochelleRochelle Jonswold2013 WRAR President

Happy Holidays!

Page 2: Connections December 2013

Worcester Regional Association of REALTORS® 2 www.wrar.org

WRAR MONTH-AT-A-GLANCE

December 2013Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2 9:30-3:30 MLS PIN Training

3 9:00 Gov’t Affairs Comm. Mtg.

4 2:00-4:00 Tax Seminar

5 2:00-4:00 Buy Worcester NOW

6 7

8 9 10 11:30 Women’s Council Installa-tion @ El Basha Restaurant

119:00 Finance Comm. 10:30 BOD Mtg. 9:00-10:30 TD Bank Breakfast

1211:30-2:30 Installation of Officers @ Cyprian Keyes

13 9:30 Membership Comm. Mtg.

14

15 16 179:30-3:30 MLS PIN Training

188:00-8:00 CEU Classes

19 20 21

22 23 24 Christmas Eve 25 Christmas 26 27 28

29 30 31 New Year’s EveDEADLINE FOR DUES PAYMENTS

Holiday HoursThe WRAR offices will be closed on the following dates so that our staff may enjoy the holidays:

• Wednesday, December 25• Thursday, December 26• Tuesday, December 31 - Closing

at 3:00 pm• Wednesday, January 1

2014 Dues ReminderDues for 2014 is due by December 31, 2013 to avoid late fees—please don’t wait until the last minute to submit your payment.

If your envelope is POSTMARKED by December 31, 2013, you will NOT incur a late fee. If you plan to drop your check off, please note the OFFICE WILL BE CLOSING AT 3:00 PM on December 31. HAPPY HOLIDAYS FROM THE WRAR STAFF!

WRAR Closed

WRAR Closed

Page 3: Connections December 2013

Worcester Regional Association of REALTORS® 3 www.wrar.org

LATEST NEWSNew Website LaunchedOur newly revamped website was launched on November 20. If you haven’t had a chance to use it yet, we hope that you will take a moment to check it out. If you have used it, we hope you find it to be a more pleasing and user-friendly experience than in the past

The site is also now mobilized for viewing on your tablets and smart phones.

Please check us out when you have a moment at www.wrar.org

While you’re online, please take the time to LIKE our facebook page at http://www.facebook.com/Worces-terRegionalAssociationofREALTORS.

If you are interested in advertising on our site, please contact Jacki D’Innocenzo at 508-832-6600 x-200 or via email at [email protected].

Or take advantage of our VIP spon-sorships and receive bulk advertising opportunities!

Warmest Greetings of the Seasonand Best Wishes for

Happiness in the New Year

from the wrar staff

Page 4: Connections December 2013

Worcester Regional Association of REALTORS® 4 www.wrar.org

Lease Space Available There is a current vacancy in our WRAR Headquarter building on 492 Washington St., Auburn.

First floor location with Route 20 street exposure in one of the newest office buildings south of Worces-ter. This A1 office space will give your business the exposure and proper presence that it deserves. Common area restrooms and an ADA compliant space. MLS Pin List # 71555847.

For further information on the space and bonus, please contact our listing agent, Randy DeVries (508) 320-1145

LATEST NEWS

800-695-3000 | www.mlspin.com

What can you find on ?

Estimated Home Values

Detailed History

School Rankings

Gain a competitive edge with The FindSM Application, a new research tool that’s free for MLS PIN customers. Accessible directly from Pinergy, The FindSM Application allows you to research property detail information, create customer reports, research property and ownership data, access property valuation information from multiple sources, and much more.

To use this new service, pull up the details of any property in the Pinergy system and look for these logos:

PROPERTY COMMUNITY

MAPS

Community Reports

Agent Searches

PUBLIC DATA

SPECIAL: The Association is offering a $2000 bonus to any licensee who successfully brings a qualified tenant that results in an executed lease.

Page 5: Connections December 2013

Worcester Regional Association of REALTORS® 5 www.wrar.org

COMMUNITY ACTION COMMITTEEKudos to our Community Action Committee on their Hat/Mitten/Sock drive which finished off 2013. Thank you for your work all year and special recognition to Mary Stolarczyk and George Simone, Committee Co-chairs, for a successful year.

We’d like to thank those members who participated in the packing day on November 15. Your assistance is much appreciated by your fellow members AND the community!

Kathy McSweeney, Collins & Demac Kathleen & Hailey Cooper, Exit Realty PartnersJeff Brodeur, Era Key Realty Glen Cronan, Era Key RealtyKaren Bickford, Keller Williams Realty Karen Thibodeau, Era Key RealtySandhya Sathyaraj, Dora Naves & Associates Gino Bello, Keller Williams RealtyJayne Diliberto, A.J. Homes Bryan Davis, Era Key RealtyMary Stolarczyk, RE/MAX Vision Kristen Auclair, Liberty MutualKaren Richardson, Era Key Realty Tracey Fiorelli, Janice Mitchell Real Estate

Page 6: Connections December 2013

Worcester Regional Association of REALTORS® 6 www.wrar.org

COMMUNITY ACTION COMMITTEE

Are you looking to give back this holiday season?Some of our members are participating in some local area community service projects. If you would like to help out, too, here are a a couple to check out:

*The Real Living Results Team together with several sponsors is having a 6 week long food drive to sponsor Veter-ans Inc. Contact Doreen M. Mullaly at [email protected]

*The Jarboe Foundation is seeking to help 100 families enjoy Christmas this year with the “Everyone Enjoys Xmas” Project. Visit http://www.thejarboefoundation.org/for more information.

Happy Holidays to everyone!

Page 7: Connections December 2013

Worcester Regional Association of REALTORS® 7 www.wrar.org

CENTER FOR REAL ESTATE STUDIES & TRAININGUpcoming CEU Courses for DecemberAll classes are held at the Worcester Regional Association of REALTORS® CREST School, 492 Washington Street, Auburn, MA 01501.. We also hold periodic classes at the Fidelity Bank Building, 478 Mechanic Street in Leominster. WRAR Members in good standing receive FREE LOCAL CEU’s! Tuition for non-members is $30 for each 2-hour CEU. You may register for classes online at www.wrar.org or by calling the WRAR office at 508-832-6600.

Auburn, Wednesday, December 18, 2013Time Instructor Course Code Course Title

8:00 - 10:00 Jo Ann Szymczak RE22RC13 Title V10:00 - 12:00 Jo Ann Szymczak RE26RC07 Appraisal Process12:00 - 2:00 Jo Ann Szymczak RE08RC12 Massachusetts Real Estate License Law & Regulations2:00 - 4:00 Gene Check RE16RC13 Zoning & Building Codes4:00 - 6:00 Gene Check RE63RC10 Environmental Issues6:00 - 8:00 Gene Check RE20R13 Lead Paint

Save the Dates: January CEU Classes will be held on Tuesday, January 14, and Friday, January 24,

from 8:00 am - 2:00 pm

CEU Changes for 2014Effective January 2014, our 12-hour days of CEU’s will now switch to two 6-hour days, We find that shorter days are more condu-cive to learning.

CEU classes will remain FREE for all WRAR Members.

Non members - New for 2014 - Get your 12 education credits for license renewal for only $99.00! Pay all at once and have the luxury of attending the classes you want; at your pace.

As always, you may continue to take online courses at the MAR Online Education Cen-ter.

Contact Lynne Walls at [email protected] to schedule your classes.

View the complete calendar at www.wrar.org.

PreLicense & Broker CoursesThe CREST Real Estate School offers Pre-License courses that introduce the fundamentals of Real Estate in preparation for the State of Massachusetts Real Estate License Exams for Real Estate Salespersons and Real Estate Brokers.

We also offer a Broker Course in preparation for the State Broker Exam. Prior to the exam, a salesperson must complete forty (40) hours of pre-licensure broker education AND must affiliate with a broker for three (3) years.

The costs are $325 for each class and $50 for the text books. Our next Pre-License Salesperson class and Broker class are sched-uled to begin on January 11, 2014 and run on the following Satur-days from 9:00 am - 5:00 pm:

January 11, January 18, January 25 , February 1, February 8, 2014

You may register for these online or by calling the WRAR offices at 508-832-6600.

HOLIDAY SPECIAL FOR BROKER COURSE ONLY:

Save $25.00 if registered by 12/31

Page 8: Connections December 2013

Worcester Regional Association of REALTORS® 8 www.wrar.org

11:30 Registration12:00 Lunch & Program

Contact Name:______________________________________________ Company:__________________________________

Billing Address:_______________________________________________ City/State/Zip_______________________________

Phone:___________________________________________ Email:_______________________________________________

Amount Due__________ ____Check ____American Express ____Discover ____MasterCard ____Visa

Card No______________________________________________________________ Expiration________________________

Signature_____________________________________________________________________________________________

Luncheon Choice: (If purchasing a table of 10, please indicate attendees and dinner choices on back of form.)

_____ Boursin Cheese Stuffed Chicken with Basil Cream Sauce _____ Baked Scrod with Shrimp Scampi and Lemon Butter

_____ Vegetarian (chef’s choice)

Thursday, December 12, 2013Cyprian Keyes Golf Club

284 East Temple StreetBoylston, Massachusetts

Join us at the most joyous time of year!

2013 Installation of Officers & Directors

Registration Pricing:Member Price: $30 Nonmember Price: $35Table of 10: $275.00

Say “Congratulations”in a special way:

Business Sponsor:Business Card Ad in

Program - $50Friends Sponsor:

Name & Company inProgram - $25

For more info or to register, contact Jacki D’Innocenzo at 508-832-6600 or via email [email protected]. You may also mail or fax this form to WRAR, 492 Washington Street, Auburn, MA 01501 * Fax 508-832-6620.

Page 9: Connections December 2013

Worcester Regional Association of REALTORS® 9 www.wrar.org

Page 10: Connections December 2013

Worcester Regional Association of REALTORS® 10 www.wrar.org

YPNYoung Professionals Network

The Young Professionals Network of the Worcester Regional Association of REALTORS®cordially invites you to their first event!

Professional Development& Networking Opportunities

for today’s REALTOR®

appy HourTwo Hours of Apps & Appetizers!

Date: Thursday, January 23, 2014 (snow date, Jan. 30)Time: 4:00-6:00 pmPlace: WRAR, 492 Washington Street, Auburn, MACost: $10 optional donation to the WRAR Scholarship Fund includes arm’s length of tickets for gift basket raffle

There’s an app for that!

Learn about the BEST apps for your smartphones & tablets to EXCEL in your REAL ESTATE CAREER!

Appetizers, Beer & Wine sponsored byBryan Larson of Fairway Mortgage, Boston

The Law Office of Jessica AlbinoFax this form to 508-832-6620 or email to [email protected]

Name:________________________________________________________________________________________

Company:_____________________________________________________________________________________

email:________________________________________________________________________________________

Here’s my donation to the scholarship fund! $_______ Check enclosed_____ Credit Card_____

Credit Card No.______________________________________________________ Expiration_________________

Speakers:Joe Schutt, Chris Whitten and Kathleen Cooper

MEMBERSHIP NEWS - Young Professionals Network

Page 11: Connections December 2013

Worcester Regional Association of REALTORS® 11 www.wrar.org

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Top Producer AwardWRAR is proud to announce that in 2014 we will be adding a TOP PRODUCER award for sales associates and Teams having the highest levels of production for transactions in 2013!

Watch for more information and the application in early January!

Fundraiser in Honor of Marcia HeadRaffle tickets are being sold to benefit the Hope Lodge in Worcester in memory of Marcia Head. Marcia touched the lives of many throughout her career. Only 200 tickets will be sold at $50 each. The grand prize is $1,000 worth of scratch tickets frOM the Mass State Lottery. The winner will be drawn at the Installation of Officers & Directors Luncheon at the Cyprian Keyes on December 12, 2013.

Please see any WRAR BOD member or staff member to purchase a ticket.

Dues Raffle Winner!Congratulations to Linda Volungis of Real Living Barbera Associates in Worcester. Linda paid her dues in October. Although she did not win the October raffle, her name was put back in the drawing for November.

The early bird gets the worm! Linda won back the Local portion of her dues as November’s winner. We’re sure this will come in handy for the holidays. Congratulations Linda!

Congratulations!

Page 12: Connections December 2013

Worcester Regional Association of REALTORS® 12 www.wrar.org

MEMBERSHIP NEWSNew ApplicantsDarrell Alexander Exit Realty Partners WorcesterSerena Berube Sterling Realty Belair SterlingSargon Hanna Hope Realty & Assoc WorcesterKim McGhee RE/MAX Advantage1 WorcesterMelissa O’Brien RE/MAX Advantage1 WorcesterKaren Packard Open Door Real Estate Sterling

New MembersJaime Aviles RE/MAX Professional Assoc ShrewsburyJohn Bartosiewicz Keller Williams-Gr.Worc WorcesterKaren Bickford Keller Williams-Gr.Worc WorcesterFred Bush Exit Realty Partners WorcesterMartha Convers RE/MAX Advantage1 WorcesterJohn DeAngelis Susan Meola Properties, Inc. W.BoylstonPaul D’Elia RE/MAX Professional Assoc CharltonAmber Ellis Coldwell Banker Res.Brok. WorcesterJennifer Garon RE/MAX Professional Assoc ShrewsburyKimberley Germain Orbit Realty WebsterSean Grady Keller Williams-Gr. Worc WorcesterChristine Greige RE/MAX Professional Assoc ShrewsburyJoseph Griffin Champion Real Estate WorcesterDelmy Guzman ERA Key Realty Services AuburnElisabeth Haddad Coldwell Banker Res.Brok. WorcesterBarbara Harrington ERA Key Realty Services WorcesterJeffrey Head RE/MAX Advantage1 WorcesterMark Hester ERA Key Realty Services WhitinsvilleRoss Kenyon Nextage M3 Realty WorcesterKatherine LaRose Keller Williams-Gr. Worc WorcesterDavid Leal Keller Williams-Gr. Worc WorcesterDoreen Mullaly Real Living Barbera & Assoc. WorcesterAnn Mullen RE/MAX Professional Assoc ShrewsburyRobert Osol Cedar Wood Realty Group WorcesterJohn Person Keller Williams-Gr. Worc WorcesterJasmine Randhawa ERA Key Realty Services WorcesterIrina Rosario Contreras Hope Realty & Assoc LLC WorcesterJoanne Rose Keller Williams-Gr. Worc WorcesterHeriberto Salas RE/MAX Professional Assoc SpencerDana Sampson Century 21 Home Team SterlingSandhya Sathyaraj Dora Naves & Assoc HudsonJoanne St.Pierre Emerson REALTORS AuburnIngrid Swift Coldwell Banker Res. Brok. SturbridgeJulie Venincasa Casa Realty Services WestboroStacey West RE/MAX Prestige Northboro

Transferred MemberFrom Pioneer Valley Association: Michelle McGuigan Quaboag Valley Real Estate Brookfield

From Northeast Association:Jose Varghese DCU Realty Marlboro

Office Visits The Membership Committee has developed a 20-minute presentation on the benefits of being a member of the Worcester Regional Association of REALTORS® and is ready to bring this roadshow to your office! If you would like to schedule a visit, please contact Lisa Sprague for arrange-ments via email at [email protected].

Agents Transferred

Kelly Goss Exit Beacon Pointe Realty NorthboroCeeCee Wen He Exit Beacon Pointe Realty NorthboroKathleen Cooper Exit Realty Partners WorcesterMelanie Ethier Property Solutions N. OxfordArmand Belanger Re/Max Professional Assocs SpencerFrancisco Diaz Re/Max Professional Assocs SpencerBarbara Hopkins Re/Max Professional Assocs SpencerVincent Lanzillo Re/Max Professional Assocs SpencerSharon Luce Re/Max Professional Assocs SpencerLuis Torres Re/Max Professional Assocs SpencerSarah Vo Re/Max Professional Assocs Spencer

MAR launches Returning Veterans Program As a way to say thank you to new and current Massachusetts REALTORS® who have recently returned from active duty or de-ployment, MAR recently launched the Returning Veterans Pro-gram. Through this program, MAR and many local associations are offering REALTORS® who are recent military veterans free dues for at least a year.

To qualify, you need to have returned from active duty or deployment within 36 months prior to the date of your REALTOR® membership application. To apply, you need to submit your DD 214 form for honorably and medically discharged veterans (or equivalent documentation) to your local REALTOR® association. Depending on the date of the membership application, the state dues waiver will be in effect for 12-23 months (balance of the remaining membership year plus 12 months). Contact your Lisa Sprague, Membership Manager, to see if you qualify and thank you for serving!

Page 13: Connections December 2013

Worcester Regional Association of REALTORS® 13 www.wrar.org

MEMBERSHIP NEWSNew Member Orientation

2013 WRAR President Rochelle Jonswold (seated, second from left) welcomes the newest members of the Worcester Regional Association of REALTORS® at the November New Member Orientation session. The Orientation was sponsored by Wells Fargo Home Mortgage of Worcester.

You are invited to attend a Realtor Information Session & breakfastLearn about TD Bank Real Estate Center, our new pre-approval process and the Right Step options.

Wednesday, December 11, 2013 9:00am – 10:30am

Center for Real Estate Studies and Training 492 Washington Street Auburn, MA 01501

Please respond by Friday, December 6, 2013 to Christine Duquette at 508-752-5090 or [email protected]

Hosted by TD Bank in partnership with The Worcester Regional Association of Realtors

Page 14: Connections December 2013

Worcester Regional Association of REALTORS® 14 www.wrar.org

LEGAL CORNER - MAR Legal Hotline

Q: I have heard a lot of buzz about “pocket listings” and “coming soon” arrangements between brokers and their seller-clients. I remember this being popular many years ago. What is the differ-ence between a “pocket listing” and “coming soon?”

A. The terms “Pocket-Listing,” and “Non-MLS listing” generally refer to those listings that are never listed in a Multiple Listing Service. They are different than FSBOs in that the seller engages a bro-ker to sell their property, but the home is not advertised through MLS.

Properties that are advertised as “coming soon” usually refer to those listings that may be listed in the Multiple Listing Service at an upcoming date, but are not currently listed, either because: 1) a listing agreement has been executed and the client has agreed that the property will not be marketed through the MLS until a specified date; or 2) the Broker has engaged an owner in some form of an unwritten or limited marketing arrangement to “pre-market” or sell the owner’s property prior to executing a listing agreement with the owner.

Q: My seller-client asked me if he should keep his listing off of the MLS. Why would he want to do this? Are there any ethical or legal obligations that I should consider?

A. Celebrities, public figures, and other individuals who wish to maintain privacy may request that you list their property without entering it into the MLS. Although legal, there are certain con-siderations that should be discussed thoroughly with your client prior to entering into either a “pocket” listing or a “coming soon” arrangement:

1) MLS Rules and Regulations: Upon the execution of the listing agreement, most Multiple List-

ing Services require that the listing be entered into the MLS with-in a certain amount of time. If you and your client have agreed to keep the listing out of the MLS, most require an opt-out form be signed by the broker, agent, and the seller, acknowledging that the choice to not market the property in the MLS is the sole discretion of the seller. In the circumstance of a “coming soon” listing, where a listing agreement has been signed, but the seller chooses to not market the property for a specified period of time, most MLSs require an opt-out form for that specified time frame. If the broker and client verbally agree to “pre-market” the sale, with no written listing agreement yet in place, the MLS manda-tory submission requirement typically does not kick in. To avoid any confusion, be sure to check with your MLS Rules to be sure you are properly handling the listing.

2) REALTOR® Code of Ethics: All REALTORS® are bound by the REALTOR ® Code of Ethics. For

purposes of this discussion, close attention should be paid to Articles 1 and 3. Article 1 states that, “REALTORS ® pledge them-selves to protect and promote the interests of their client.” Fur-ther, Standard of Practice 1-12 specifically requires REALTORS® to discuss with the sellers his or her “company policies regard-ing cooperation and the amount(s) of any compensation that will

Michael McDonagh, MAR General CounselAshley Stolba, MAR Associate Counsel Justin Davidson, MAR Staff Attorney

be offered...”. When a property is listed with the MLS, the amount of compensation to be paid to cooperating agents is specified on the listing, and is generally of-fered to any MLS participant who is the procuring cause of the sale. If the property is sold while not in the MLS, how will compensation be handled with cooperating agents? It is important to have a conversation with your seller to determine how cooperating agents will be paid if the listing is sold outside of the MLS.

Article 3 of the Code of Ethics places on a REALTOR® a duty to cooperate. Further, Standard of Practice 3-10 states that the “duty to cooperate… relates to the obligation to share informa-tion on listed property, and to make property available to other brokers for showing to prospective purchasers… when it is in the best interests of sellers...” If your seller is not fully educated on the ramifications of keeping the listing out of the MLS, it could be perceived that by opting out of the MLS, you are not operating in the best interests of your seller because you are restricting the availability of information and showings to outside brokerages.

3) Massachusetts Law: Under Massachusetts license law, agents owe their clients a number of fiduciary duties, including the du-ties of loyalty and obedience to lawful instruction. As an agent, you work for your client, and it is important that you always work in his or her best interest. Be sure that the decision to opt-out of the MLS is at the sole discretion, and to the sole benefit, of your client – not the other way around.

4) Listing Agreement: Included in the “Broker’s Duties” section of the Massachusetts Association of REALTORS® Listing Agree-ment is the requirement that the Broker “use reasonable efforts in marketing the Property and agrees to list the Property with…a multiple listing service.” As part of your discussions with your cli-ent, be sure to point out this clause and allow the seller to decide if he would like it stricken.

In order to both protect yourself and act in the best interest of your client, it is important that the items above are considered. It is recommended that prior to opting out of the MLS, either temporarily or entirely, you make sure that a seller truly under-stands the advantages and disadvantages of opting out of the MLS, including any options available within the MLS to address their concerns (such as declining Internet display if apprehensive about privacy or non- placement of a lockbox if concerned about security). After full disclosure, make sure the seller voluntarily de-cides to keep the listing off the MLS. Specifically, you may want to explain to your client that listing a property in the MLS maximizes exposure of for-sale homes to potential buyers and the partici-pating brokers who work with them, advertising the property to a wide range of people generally helps sellers obtain the highest possible price for their home, and when seller’s property is in the MLSs, it is included in its download to various real estate Internet sites that are used by the public to search for properties.

Page 15: Connections December 2013

Worcester Regional Association of REALTORS® 15 www.wrar.org

MAR and its REALTOR® Members got their message through on Beacon Hill: That the Commonwealth’s economic house is built on Real Estate, and that economic recovery relies on the strength of the housing market. Here are some of our key accomplishments as of October 31, 2013.

GOVERNOR PATRICK’S FISCAL YEAR 2014 BUDGET RECOMMENDATIONIn January Governor Patrick filed his FY ’14 budget recommendation containing the repeal of three very import-ant tax provisions for REALTORS®. MAR worked tirelessly to ensure that House of Representatives and Senate understood the importance of these provisions detailed below and maintained them in the budget.

CAPTIAL GAINS EXCLUSION ON HOME SALESThis section of the budget would have removed one of the main ways in which families accumulate wealth for retirement and the purchase of future homes. Had the Governor succeeded in eliminating this provision, the average homeowner would have been subject to a tax bill of over $4,000 just for selling a home. This would be the equivalent of an annual quarter-billion dollar sales tax on homes sales in Massachusetts.LEAD PAINT TAX CREDITThe repeal of this tax credit would have put children at a much greater risk for lead poisoning; particularly those children of low and moderate-income families who own or reside in older homes. The credit is also important as it can help bring much-needed vacant apartments back online that have been kept off the market because they have lead paint.TITLE V TAX CREDITThe repeal of this tax credit would have added significant financial strain on low- and moderate-income homeowners. Without this incentive, fewer people will upgrade failing septic systems which, as a result, would put the environment at significant risk.

BROKER PRICE OPINIONS – (BPOs) Successfully Advocated for Amended Language in LegislationAs the legislature moved to license and regulate home appraisals, MAR worked to ensure that the committee included language in the bill to allow REALTORS® to continue to offer BPOs without having to acquire an additional license. BPOs and CMAs are an important component of many listings, purchases, and sales that will now be protected as this bill advances through the legislative process.

SHORT SALE PROTECTIONSuccessfully Advocated for Amended Language in LegislationMAR effectively lobbied to amend the Debt Management Services bill to allow REALTORS® to continue to work with lenders and sellers in short sales without the fear of violating the law. As drafted, this bill would have prohibited REALTORS® from discussing or negotiating with the seller’s lender to modify the terms of an indi-vidual’s obligation to repay a loan secured by a listed property. Absent a change in the bill, real estate licensees involved in short sales would have been out of compliance with the law without having first obtained a new license.

HOUSING BOND BILLSuccessfully Advocated for the Removal of Harmful 40B ProvisionsThe five-year housing bond bill authorized $1.4 billion for housing in the commonwealth. More importantly, however, it originally contained harmful 40B provisions that would have severely weakened the affordable housing law in Massachusetts. MAR successfully advocated to the appointed conference committee to delete those harmful provisions from the bill.

GOVERNMENT AFFAIRS COMMITTEE

Page 16: Connections December 2013

Worcester Regional Association of REALTORS® 16 www.wrar.org

2013 BOARD OF DIRECTORS

President, Rochelle JonswoldPres. Elect, Dave Stead

Vice President, Brad RobertsSecretary, Kris KolissTreasurer, Mary Gale

Past President, Diane DeCiccio

Jayne DiLiberto, DirectorTony Economou, DirectorSarah Gustafson, Director

Erika Hall, DirectorLorraine Herbert, DirectorJudy Patterson, DirectorJudy Reynolds, Director

Mary Stolarczyk, DirectorLeslie Storrs, Director

Kathleen Cooper, AlternateTracy Fiorelli, AlternateGina Lewis, Alternate

WRAR STAFF

Executive VP, Colleen Pappas

Membership Manager, Lisa Sprague

Marketing Manager, Jacki D’Innocenzo

Staff Accountant, Maura O’Connor

Administrative Assistant, Lynne Walls

WRAR office hours are 9:00 am—5:00 pm. For assistance with the MLS Lockbox system, please make an ap-pointment with Lynne Walls at 508-832-6600.

Please LIKE our facebook page at https://www.facebook .com/WorcesterRegion-alAssociationof-REALTORS.

By doing so you will not only get up-to-the-minute information on everything going on at WRAR, but you will help us to increase our visibility while growing your own business network.

Please consider checking off the RPAC box on your dues invoice and giving your fair share so that we can continue our legislative efforts on your behalf.

GOVERNMENT AFFAIRS COMMITTEE

Flood Hazard Area Information Service Notice to: Citizens, Lending Institutions, Real Estate and Insurance Agents

Subject: Flood Insurance Rate Map Zone Information

As a public service, the City of Worcester will provide you with the following information upon request.

• Whether a property is in or out of the Special Flood Hazard Area as shown on the current Flood Insurance Rate Map (FIRM) of the City.

•• Additional flood insurance data for the site, such as the FIRM zone and the base

flood elevation of depth if shown on the FIRM.•• We have a handout on the flood insurance purchase requirement that can help

people who may need a mortgage or loan for a property in the Special Flood Hazard Area.

The City of Worcester maintains Elevation Certificates for all new construction.

If you would like to make an inquiry, please provide us with the street address of the property and if necessary the Assessor’s map, block and lot information. Please call 508-799-1714, there is no charge for this service.

MAR urges all REALTORS® to use the following sample disclosure in all future dealings

SAMPLE DISCLOSURE:

Your mortgage lender [may] [will] require you to purchase flood insurance in con-nection with your purchase of this property. The National Flood Insurance Program provides for the availability of flood insurance but also establishes flood insur-ance policy premiums based on the risk of flooding in the area where properties are located. Due to recent amendments to federal law governing the NFIP those premiums are increasing, and in some cases will rise by a substantial amount over the premiums previously charged for flood insurance for the property. As a result, you should not rely on the premiums paid for flood insurance on this property previ-ously as an indication of the premiums that will apply after you complete your pur-chase. In considering your purchase of this property you should consult with one or more carriers of flood insurance for a better understanding of flood insurance cov-erage, the premiums that are likely to be required to purchase such insurance and any available information about how those premiums may increase in the future.