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HOME OWNERSHIP MATTERS A PUBLICATION OF SPRING 2011
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Oregon REALTOR Magazine

Mar 24, 2016

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Oregon REALTOR Magazine Spring 2011
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Page 1: Oregon REALTOR Magazine

Home ownersHip matters

A PublicAtion of

SPRinG 2011

Page 2: Oregon REALTOR Magazine

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chris livingston portland metro (multnomah co. West of the 503-682-3053 ccb# 151008Willamette, clackamas & east Washington counties)

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Page 3: Oregon REALTOR Magazine

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1

Volume 46 number 1

ASSOCIATION OFFICERS

PRESIDENT Joann HansenPRESIDENT-ELECT John Hoops, CRSIMMEDIATE PAST PRESIDENT Alan Mehrwein, GRI, CRBEDITOR/CHIEF EXECUTIVE OFFICER Jonathan M. Wallace, CAEMANAGING EDITOR Joyce H. Beach, CMP, e-PRO

KEY COMMITTEE CHAIRS

Business Issues Sue O’Halloran, CRSGovernment Affairs Sue Curths, CRB, CRSPolitical Affairs George HaightProfessional Development Lori Stenshoel, GRI, ABR, CRS

Any information provided is intended for the general guidance

and information of OAR members. OAR should not be con-

sidered the single authoritative source of information. The

user is responsible for verifying all important information for

accuracy and completeness before taking any action on the

basis of the information.

The OREGON REALTOR® is published quarterly and mailed

biannually by the Oregon Association of Realtors®, PO BOX

351, Salem, OR 97308-0351. Subscriptions cost $4 annually

as part of membership dues; $15 annually for nonmembers.

Send address changes to the OREGON REALTOR®, PO BOX 351,

Salem, OR 97308-0351.

Advertising carried in the OREGON REALTOR® does not

constitute an endorsement of the products by the Oregon

Association of Realtors®. Exceptions to this rule are seminars

sponsored by the Oregon Association of Realtors®.

Printed on recycled paper.

StAtEMEnt of oWnERSHiP AnD MAnAGEMEnt. the oREGon REAltoR® is

published twice a year in the Spring and Autumn by the oregon Association

of REAltoRS®, P. o. box 351, Salem, oR 97308-0351. the editor is Jonathan

Wallace, P.o. box 351, Salem, oR 97308-0351. the owner is the oregon

Association of REAltoRS®, P. o. box 351, Salem, oR 97308-0351. there are

no bondholders, mortgages or other security holders.

o r e G o nreaLtor®

Joyce beachManaging Editor

Editor’s PodiumREALTOR® Rally Exceeds Expectations – And That’s Just the BeginningYou’ve outdone yourselves! As i write this we have just wrapped up the 2011 REAltoR® Rally at the capitol where we welcomed over 600 REAltoRS® to Salem. Many drove and buses brought delegations from Rogue Valley, central oregon and Eugene and Yamhill county REAltoRS® traveled by trolley. once again, this event was a wonderful opportunity for the oregon REAltoRS® to show what we’re all about – strengthening our state’s economy by protecting and investing in real estate and building communities.

This message was delivered to legislators the afternoon of March 16 when constituents held personal meetings with their senators and representatives. Constituents discussed protecting the full value of the mortgage interest deduction and supported legislation that would reduce the amount of time it takes to sell distressed property in Oregon.

The REALTOR® Rally also provided the ideal setting for the Oregon Association of REALTORS® to demonstrate to members, legislators and the public the broad scope of what we do and the programs and services we offer. This same message resonated with me as I was working on this issue of the magazine. Your Association is busy on your behalf !

We’re working with the National Association of REALTORS® to deliver the message that “Home Ownership Matters.” That issue is covered in this publication’s cover story and complements the NAR Home Ownership Matters bus tour that will roll through Portland later this month.

More in-depth information on legislation currently moving through the Oregon Legislature is featured on pages 10-11 of this magazine. This issue also addresses happenings in Oregon’s commercial real estate market, upcoming professional development events and the always-popular legal hotline Q and A.

Oregon REALTORS® CEO Dr. John Wallace addresses the often-heard question, “What do I get for my money?” in his article beginning on page 16. Wallace explores the founding of the REALTOR® organization and how the founding principles still resonate today.

Now that we’ve closed the book on the 2011 REALTOR® Rally we still have much to look forward to. Our spring Association Governance meetings open in Salem on April 11 with an offering of the new Law & Rule Required Course followed by Association Committee and Board of Directors meetings. This year’s Nationwide Open House Weekend is scheduled for June 4-5. State Associations have just received the great news that the National Association of REALTORS® will be a full-fledged partner for this year’s event, providing both state and local Associations with much-needed assistance and a strong public presence.

Looking further into the year, please review the Events Calendar on the magazine’s back page AND, for the most up-to-date information on Association activities and events, visit our website at www.oregonrealtors.org and ‘friend’ us on Facebook. I hope to see you there. ■

Spring 2011 | oREGon REAltoR® | 3

Page 4: Oregon REALTOR Magazine

o r e G o nreaLtor

In order to better accommodate your needs, do you have a disability that will require special auxiliary aids and/or services at this meeting? Yes No If yes, please explain: ___________________________________________________________________________________________ Mail to: Oregon REALTORS®, P.O. Box 351, Salem, OR 97308 Fax: 503/362-9615 (VISA, Am. Ex. and MasterCard registrations only.)

To register on-line, go to: www.oregonrealtors.org Email your registration to: [email protected]

Name _______________________________________ Nickname for badge _____________________

Firm _______________________________________________________________________________

Firm Address ________________________________________________________________________

City / State / Zip _____________________________________________________________________

Telephone (Firm) _____________________________ Fax (Firm) ______________________________

E-mail Address ______________________________________________________________________

Enclosed is my check for $ ________________ (Make checks payable to OAR)

Charge my bank card (Visa, Am. Ex. or MasterCard only)

Charge $ _______________ Expiration Date ___________________________

Bank Card # _____________________________________________________

Billing Address ___________________________________________________

Signature________________________________________________________

PLEASE REgISTER ME FOR ThE Law & RuLE updaTE CouRsE, apRIL 12, 2011___ $29, tuition (through 4/1) ___ $35 (4/1 and after)

Oregon REALTORS® Law & Rule Required Course

Tuesday, april 12, 2011Salem Conference Center – 9:00 a.m. – 12:00 noon

The Oregon Real Estate Board approved the outline and learning objectives for this three-hour course on recent changes in rule and law (ORS 696.174 and OAR 863-022-0055). The course is part of the new education requirements that became effective January 1, 2011.

You must complete this new course by the time of your renewal!

C o u r s e I n s t r u C t o r s : oregon REaLToRs® Legal staff

Editor’s Podium 3President’s forum 5

Celebrate Your Freedoms & Opportunities & Get Involved

commercial update 8Commercial Associations Engaged in METRO Issues

REAltoR® Day at the capitol 9Public Policy 10

The True Strength of an Organization...

fall GRi Designations 12oregon GRi 13founding Principles of the REAltoR®

Associations Still Resonate today 162011 Spring Governance Meeting & Events 18nationwide open House Weekend June 4-5 19HoME foundation outreach continues to Grow 19Hotline Highlights 20

How do I Deal With a Transaction When one Seller Won't Sign the Contract?

oregon YPn Expands Activities 22HoME foundation Golf tournament 23Events calendar 24

cover Story:Why Home Ownership MattersPage 6

4 | oREGon REAltoR® | Spring 2011

Page 5: Oregon REALTOR Magazine

P R E S I D E N T ’ S F O R U M

For assistance contact Kelsie Roper at: 503‐670‐8111 x 206       [email protected] 

A DIVISION OF THE MANAGEMENT TRUST 

Northwest Community Management 

CONNECTING PEOPLE TO THE PROMISE 

In addition to association management we offer consulting     services to realtors, brokers, builders, banks, and established 

community associations. 

• Professional community association management 

• Governing documents 

• Reserve studies and maintenance plans 

• Maintenance manuals 

• Financial reviews 

• Facilitating applications for FHA lending 

• Set up of new associations 

• Association education & training 

Our 40+ years of experience in the field of common interest developments qualifies us to help you with: 

Joann Hansen

As I write this first article for the OREGON REALTOR®, my first message to you is “Celebrate!”

Celebrate the fact that you live in America, a nation advocating free enterprise and governmental checks and balances.

Celebrate that you belong to a national organization that supports the right to free enterprise as well as home ownership and is the watchdog for protecting private property rights for all.

Celebrate that you also belong to a state organization that supports all of the above and advocates for the building of communities and the preservation of your livelihood as a REALTOR®.

Celebrate the fact that your local organization has the support not only of its local REALTORS® but also of the state and national organizations from which to derive the information you need to be successful in your business.

Celebrate that we have a Code of Ethics and Standards of Practice to guide us every day as we pursue our profession.

Celebrate and give thanks that our troops are protecting our freedoms.

Celebrate your privilege of voting and free speech in an open democracy.

My second message to you is “Get involved!”Involvement can mean something different to everyone. You

might choose to become involved on a committee at your local board or association. Perhaps your involvement began with your participation in the 2011 REALTOR® Day at the Capitol or at one of the Association’s 2011 designation courses. Hopefully your involvement includes an annual donation to RPAC.

The National Association’s Broker Involvement Program provides

Celebrate Your Freedoms & Opportunities & Get Involved with your Associationby Joann Hansen, 2011 Oregon Association of REALTORS® President

a great opportunity for principal brokers, owners and managers to engage with NAR and have their voices heard. Contact the Oregon REALTORS® Public Policy Department for further information.

As always, being involved means exercising your right to vote!

I hope that you will become involved in your business and your Association in 2011 and that for all of us, it will be a successful year. ■

Spring 2011 | oREGon REAltoR® | 5

Page 6: Oregon REALTOR Magazine

C O V E R S T O R Y

Why Home Ownership Mattersin the September cover article in tiME magazine, author barbara Kiviat railed against the value of homeownership in America. Kiviat said Americans had made buying a house into a “fetish,” responsible for a litany of ills ranging from lingering economic stagnation to suburban sprawl. long considered the “American Dream,” overnight homeownership was branded in an entirely new light.

It’s true: Home is the one place where we create an environment that’s all our own. It’s also where we establish traditions, mold our family’s values and form our identity. But does it matter whether we own the home or not? In the past several months, as the country has worked to sort through the wreckage of the financial crisis, that question has been hotly debated, with some critics saying that too much emphasis has been placed on the virtues of home ownership.

For REALTORS®, there’s no more urgent business in 2011 than debunking the notion that home ownership is no longer part of the American dream.  NAR leaders have been countering recent negative commentaries with a large-scale campaign that includes national advertising, regular communications to REALTORS® and the media, outreach to consumers, and advocacy on Capitol Hill.

In late March, the Home Ownership Matters Bus Tour made one of three nationwide stops in Portland to to deliver this message to Oregonians: Home ownership matters—to people, to communities, and to America. At stake is not just the health of the real estate brokerage industry but the very values upon which the country was built.

Spread the Word: Data Tells the Story

Both past research and a recent poll conducted by NAR and Harris Interactive back NAR’s assertion that ownership remains a dream of Americans and makes a positive difference in people’s family relationships, their finances and their feelings of connectedness to their community.

Continued on page 7

Several years ago Forbes magazine published a special report after querying dozens of prominent cultural, political, and economic figures about their definition of the phrase “American Dream.” The answers were wide-ranging in content and tone. For some, the concept had evolved, and not necessarily for the better. Filmmaker Mel Brooks said that during his childhood, it referred to home and car ownership, yet today it means winning “American

Idol.” Astronaut Buzz Aldrin said it “used to be achieving one’s goals in your field of choice” but added that he thought it had “morphed into the pursuit of money.”

One of the most resonant and thoughtful answers came from media personality Martha Stewart. She quoted Samuel Johnson, “To be happy at home is the ultimate result of all ambition,” and expanded on that sentiment in her explanation of the American dream: “Our families and our homes are the center of American life. And everything we do is to make those homes—and the lives in them—more beautiful, more comfortable, more

functional, and more full of life and light and joy for those we love. At the end of the day, that is the American Dream. All the rest is window dressing.”

6 | oREGon REAltoR® | Spring 2011

Page 7: Oregon REALTOR Magazine

Respondents to the NAR-Harris poll—both owners and renters—cited financial security as the most important factor in achieving the American dream. Asked if owning a home was a better financial decision than renting, an overwhelming number of home owners, 96 percent, said it was—and 71 percent of renters agreed. Even in the midst of an economic crisis, both groups see home ownership as a smart financial move, a means to achieving financial security.

They’re right. Data from the Federal Reserve shows a very real and extreme disparity in wealth between home owners and renters. Their report on household finances showed that in 2007, the median net worth of home owning families was $234,200 compared with $5,100 for renting families.

Before you dismiss that gap as a product of the housing boom, consider that in 1998, prior to the real estate market heating up, home owning families’ median net worth was $168,200, while net worth for renters was just $5,400. (Figures from both years are calculated in 2007 dollars.) Newer Fed data, which was collected in 2010 but likely won’t be released until 2012, will likely reflect the decline in home values but show a continued wide gap between owners and renters.

There are benefits for society as well. According to a 2001 report from Harvard University’s Joint Center for Housing Studies, students from families that owned houses scored much higher on Peabody Individual Achievement Tests for math and reading than those from families who rent.

Owners are often the glue that holds a community together. More than half of home owning respondents to the

NAR-Harris Interactive poll felt “connected” and “committed” to their communities, whereas fewer than 40 percent of renters acknowledged similar feelings. Owners were more likely to say they felt safe in their neighborhood, and it’s no wonder: They’ve lived in their home longer and are more likely to know their neighbors extremely or very well. For the same reasons, a majority of both renters and owners said ownership strengthens a community.

The MID and its MalcontentsGiven the correlation between home

ownership and community involvement, it’s not hard to see why the government would have established policies such as the mortgage interest deduction to support home ownership. For most REALTORS® the deduction is sacrosanct. Nearly 80 percent in a recent poll said they agreed with NAR’s position that the MID should be maintained in its current form. But with the federal deficit ballooning to accommodate economic stimulus efforts, calls to change or even eliminate this long-standing incentive have grown louder and more intense.

Kiviat’s TIME article was well-timed to throw fire on the MID debate: “Washington throws more than $100 billion a year in tax breaks and subsidies at buyers through the mortgage-interest and property-tax deductions. … None of this is particularly fair: there are no blanket subsidies for the tens of millions of

American families that rent either because they choose to or because they have to. Nor are these tax breaks efficient economic policy.”

The curious thing about this line of reasoning? A large majority of renters support the MID. According to the NAR-Harris poll, about two-thirds of renters—along with three-fourths of home owners—said the mortgage interest deduction was “extremely” or “very” important to them.

 If the tax system is so unfairly tilted toward home ownership, why would so many renters say it’s so critical? Although the question wasn’t asked, one could extrapolate the reason: They believe in the American dream, and see home ownership as a means to it.

Home Ownership’s DefendersMany commentators, politicians, and

organizations have stepped up to defend the institution of home ownership and federal tax incentives for owners. In addition to NAR, which rolled out its Home Ownership Matters campaign in the fall, the National Association of Home Builders has launched a consumer Web site and a variety of other groups have signed on to the principles of NAR’s campaign. Among them are the National Community Reinvestment Coalition, Habitat for Humanity International and the Center for Responsible Lending.

Continued on page 12

Why Home Ownership Matters. . . continued from page 6

Spring 2011 | oREGon REAltoR® | 7

Page 8: Oregon REALTOR Magazine

C O M M E R C I A L U P D AT E

Commercial Association Engaged in METRO Issuesby Mike tharp, Associate V.P., Norris, Beggs & Simpson

the commercial Association of REAltoRS® plays an active role in land use issues in the Portland Metropolitan area, an area consisting of three counties (Multnomah, clackamas and Washington) and several cities within those counties.

During the last election cycle, one of the most critical races for the Association was the METRO Presidency. The Commercial Association’s PAC supported candidate Tom Hughes who was elected to the position. We are now positioned to be very actively involved in providing input to METRO regarding land use issues.  Below I have outlined several issues that we as an association are involved in. I might add that what happens in the METRO area of

Portland very often spreads out to the rest of the state.

Regional Urban Reserves/Rural Reserves - This is a process mandated by state statute; METRO is to determine which lands are to be developed between now and 2060.  Urban reserves is land which is still outside the Urban Growth Boundary, but will be allowed to come in as needed between now and 2060.  All three counties agreed upon which lands should be included in the urban reserves and then submitted their recommendation to METRO for approval.  It was then sent to the Land Conservation and Development Commission for the final okay.  The commission, after reviewing the information, remanded it back to METRO to remove the proposed 650 acres of urban reserves north of Cornelius and beef up the legal justification for the proposed reserves north of Forest Grove. Unfortunately, the decision was a major win for farm advocates and 1,000 Friends of Oregon, who have opposed any urban development north of Council Creek for years.

Rural Reserves are land parcels set aside for farming for the next 50 years and will not be considered for any future development.

Coalition for a Prosperous Region:  Last month, Dana Krawczuk, a land use attorney with Ball Janik in Portland filed an “objection” with LCDC related to METRO’s adoption of its Capacity Ordinance on behalf of the Coalition for a Prosperous Region.  The core of the objection is that METRO proposed to

bring into the Regional Urban Growth Boundary only 310 acres of “large-lot industrial” land by the end of 2010 (a deadline not met), even though it projects a potential shortfall of 200-1,500 acres.  The objection calls for bringing in up to 1,500 acres of large-lot industrial land, based on consideration of size, topography and location.  This objection preserves CPR’s right to testify at the LCDC acknowledgement hearing regarding this ordinance.  

Commercial vacancy reports show what is happening in our market place. The apartment market is enjoying low vacancies, and, at 9.8% the office vacancy rate in downtown Portland is one of the lowest in the United States. The suburban office market however is at a high of 14%.  Industrial space is slowly filling up and running at about 10% vacant.

The Portland market has been blessed by Intel.  Their employment base of operation in Hillsboro is their largest in the world, at 15,000+ and growing.  They are going to spend about $6 billion to rehab two fabrication plants and build a new plant, which when completed, will employ somewhere between 800 to 1000 new people at an average salary of $120,000 per person.  Genentech also is getting ready to open, once they have FDA approval for the drugs they manufacture and will employ about 300 people; Solar World is currently up and operating with 1,000 people.

The market is slowly improving, as everything is about jobs, jobs and jobs. ■

8 | oREGon REAltoR® | Spring 2011

Page 9: Oregon REALTOR Magazine

March 16, 2011

REALTOR® RALLY at the CAPITOL

Page 10: Oregon REALTOR Magazine

P U B L I C P O L I C Y

The True Strength of an Organization: The Commitment of Its Membersby Shaun Jillions, V.P. Public Policy

As we all know, few areas in the nation were harder hit by this recession, and no industry felt the hit more squarely than the real estate industry. oregon’s unemployment rate has remained virtually stagnant over the last 14 months, hovering around a very troubling 10.6% rate. of course, none of this is news to those involved in our industry, which is inextricably linked to the economic vitality of the region.

With that somber news also rests an opportunity. Very often crisis provides the impetus to make meaningful changes. From Washington, DC to Salem there is a renewed focus on job creation and economic prosperity for our state and

Capitol comes sharply into focus. Your commitment to your industry was clearly on display. Believe me, each and every Senator and Representative took notice. Hearing from constituent REALTORS® who are active in their districts leaves a lasting impression that is invaluable.

After hearing from hundreds of their constituent REALTORS®, there finally appears to be a growing recognition among legislators that there simply isn’t enough prime employment land available for companies looking to relocate, expand or startup in Oregon. And if there is land available, the regulatory barriers and potentially unlimited appeals are all too often cost prohibitive for businesses. While other states have been rolling out the red carpet, Oregon has been putting up a cyclone fence.

In an effort to tear down the proverbial fence, REALTORS® from throughout the state made a strong statement in support of SB 766, introduced by Senator Lee Beyer (D-Springfield). This bill has the potential to be one of the most critical pieces of legislation for commercial real estate to move through Salem in the last decade. SB 766 authorizes the development of regionally significant industrial areas, and more importantly provides for expedited permitting in these industrial areas. The bill directly tackles many of the impediments to bringing high-wage jobs to

Continued on page 11

region. Elected officials from both sides of the aisle are looking at innovative and much-needed solutions to get Oregon’s sputtering economy back on track. Whether it’s the push in DC to move forward on the critically needed Columbia River Crossing project, seeking

reductions to Oregon’s exceedingly high capital gains tax rate in Salem or looking at ways to modernize Oregon’s unique land use system, everything is on the table. The status quo clearly is not working.

As legislators continue to look for opportunities to work together to lead Oregon out of this recession, the overwhelming display of strength of our members at REALTOR® Day at the

Shaun Jillions

10 | oREGon REAltoR® | Spring 2011

Page 11: Oregon REALTOR Magazine

Oregon, which has a ripple effect on every aspect of the real estate industry.

The Oregon Association of REALTORS® has long advocated for addressing the issue of standing for land use appeals, and HB 2610, introduced by Representative Mike Schaufler (D-Happy Valley) seeks to reduce the costly appeals that are far too prevalent in Oregon. The bill provides for full citizen participation at the local level, where land use decisions should be vetted and ultimately decided, but limits those that may file costly appeals to the Land Use Board of Appeals. The costs associated with endless appeals filed by interest groups from outside of the communities seeking to provide opportunity for their residents have crippled the state economically. Addressing who has standing to appeal this legislative session will signal that Oregon is in fact open for business.

In order to more accurately reflect the diversity of our great state, participants at REALTOR® Day also advocated for an amended version of HB 2997, introduced by Representatives Garrard (R-Klamath

Falls) and Richardson (R-Central Point). The amended version of the bill would require the Land Conservation and Development Commission to establish regional definitions for what truly constitutes farm and forest lands. This would allow local communities a greater opportunity to provide for the economic needs of their residents, and would better take into account the regional differences inherent in Oregon.

While there are many positive signs of a real estate recovery, there are several looming threats that could grind any recovery to a halt: a real estate transfer tax and limiting or eliminating the mortgage interest deduction (MID). The House Committee on Business and Labor has before it HB 2518 which would allow local governments to enact multiple layers of transfer taxes on a single transaction. In addition, the House Revenue Committee recently held a public hearing on HB 3008, which would sunset (eliminate) the MID for all Oregonians in six years. Fortunately, you all made a lasting impression at

The True Strength of an Organization: The Commitment of Its Members. . . continued from page 10

REALTOR® Day in demonstrating the devastating impacts these proposals would have on our industry.

In order to permanently put to rest the threat of transfer taxes, REALTORS® from across the state are actively engaged in an effort to put Initiative Petition 5 on the 2012 ballot through the Protect Oregon Homes campaign. Initiative Petition 5 would prohibit the state and local governments from imposing transfer taxes, and signature gathering is well ahead of schedule. If you haven’t already signed the petition, make sure you and your neighbors do so soon.

The future of our industry is bright, and as it goes, so goes the future of Oregon. When the current governor decided to run for office again, he said decisions made this year could impact the future of our state for decades. He was exactly right, and through the political and civic involvement of our membership, those decisions will lead our state in the right direction for generations. Thank you all for your involvement and for your commitment to the industry. ■

In this competitive market, set yourself apart from the rest!

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Spring 2011 | oREGon REAltoR® | 11

Page 12: Oregon REALTOR Magazine

 The fight to preserve and protect home ownership is just getting under way and will likely rage until there’s a turnaround in economic conditions. Will real estate practitioners step into the fray and make the case for home ownership to consumers? NAR is counting on it!

Young People Want to Own, TooOne thing that’s clear from the 2010

NAR-Harris poll: Young adults are just as committed to becoming home owners as their parents and grandparents before them.  Of the 798 young adults (ages 18–29) who participated in the poll, about three in four say owning a home provides a healthy, stable environment for raising a family, and more than two-thirds say owning

contributes to their long-term financial goals. More than eight in 10 said that over a period of several years, it makes more sense to own a home.

At the same time, young adults believe it has become more difficult to achieve the American dream. Seventy-one percent say it is more or much more difficult than it was for their parents’ generation, and 72 percent predict it will be even more difficult for the next generation. Practitioners note that this difficulty would almost certainly be exacerbated by the elimination or reduction of incentives such as the mortgage interest deduction.

What’s Next for REALTORS® and the Association?

NAR President Ron Phipps notes that, “ We need to change the dialog.  Critics say housing is a drain on federal resources.  We know better.  Housing is the engine that drives our national economy. Eight of the last 10 recessions have ended as a result of robust housing markets.  The other two ended as a result of war spending.  America needs a healthy housing market to thrive. 

“In the days ahead, NAR will be

Why Home Ownership Matters. . . continued from page 7

REAltoRS® from seven Associations in oregon earned the GRi (Graduate REAltoR® institute) designation following the fall institute at the Sheraton Hotel Portland Airport last December. the oregon GRi program is a comprehensive 90-hour program that encompasses a myriad of topics of importance to REAltoRS®. courses include real estate economics, law, contracts, misrepresentation, real estate taxation and consumer protection.

The next Oregon GRI offering (Courses 200 and 300) will be April 26-29 at the Salem Conference Center. Complete program information is included in this issue of the OREGON REALTOR®.

Congratulations to the new Oregon GRI designees who are listed to the right.

Association Grants 25 GRI Designations Following Fall InstituteCentral Oregon AssociationHazel callahanJack farley

Willamette AssociationJeffrey MarcecGail Milton

Douglas County BoardVeronica Gillespie

East Metro AssociationAngelique chambers

Lincoln County BoardDeanna Watkins

Portland Metro Associationbill GaffneyDaniel Goss

Elizabeth Hallbenjamin MauckDoug Moserlinda PoggiHoward Postuna Randcarrie Ward RichardsonZahra SaalabianKristin SimpsonMolly StarrShelley StephensMahmood tahanpesarfaye tarzabanWendy tinsethbetheen Verbiest

Salem AssociationDan Enos

reaching out to Congress and the White House to emphasize the clear connection between housing, jobs and the economy.  Rather than limit support for housing, and the availability of credit, NAR is calling on Congress and the White House to advance policies that will move the housing market back to a healthy 5.5 million sales, where it should be.” 

NAR will be asking lawmakers to:• Preservethemortgageinterest

deduction at current levels.• Movethecreditpendulumto

equilibrium, defined by a median credit score of 720.

• Maintaingovernmentbackinginthe mortgage market as part of GSE Reform.

“These three steps would help bring the housing market back to a normal level, possibly generating an additional 1 million home sales and 500,000 jobs. As the voice for real estate, we hope that Congress and White House gets the message:  real estate is all about jobs,” Phipps added.

Visit: Realtor.org/homeownership for the latest information and to see how you can join the movement. ■

12 | oREGon REAltoR® | Spring 2011

Page 13: Oregon REALTOR Magazine

Spr ing Oregon

April 26–29, 2011Salem Conference Center200 Commercial St. SE, Salem, OR

Courses 200 & 300

Double-dip by earning continuing education credit while earning the prestigious GRI (Graduate REALTOR® Institute) designation. The GRI designation is the ONLY REALTOR® family designation that does not require payment of a separate renewal fee!

2 0 1 1

GRI

Oregon GRI - an invaluable professional development opportunity that helps you stretch your education dollars!

Spring 2011 | oREGon REAltoR® | 13

Page 14: Oregon REALTOR Magazine

Institute ScheduleClasses begin promptly at 8:30 am. and conclude at 4:30 p.m. daily. Sessions break for lunch from 12:00 noon to 1:00 p.m. Course examinations will be held at 4:30 p.m. Wednesday and Friday. The spring REALTOR® Institute will adjourn at approximately 5:00 p.m., Friday, April 29.

Tuition InformationEarly bird registration (received by April 8)• $279 for Course 200• $309 for Course 300 (includes NAR designation fee)• $365 non-member fee for Course 200 or 300

Tuition after April 8• $305 for Course 200• $325 for Course 300 (includes NAR designation fee)• $389 non-member fee for Course 200 or 300

NAR survey data shows that REATORS® with an NAR designation earn signifi cantly more than those without a designation, so don’t wait – register TODAY.

Registration/Cancellation1. Complete and return the registration form provided.

(Full tuition MUST accompany each registration.)

2. Your registration will be confi rmed in writing within two weeks of enrollment. If you do not receive confi rmation, contact the Oregon REALTORS® at 800/252-9115 to verify your registration. You are not enrolled until you receive confi rmation from the Association.

3. In the event you must cancel your registration, your tuition is refundable less a $35 administrative fee only if written notice of cancellation is received by April 15, 2011. Tuition is not transferable from one Institute to another nor from one student to another.

Curriculum

Course 200Investment Real Estate & TaxationReal Estate Law IIBusiness Ethics & Communication

Continuing education credit:

25 hours credit: Real Estate Taxation, Commercial Real Estate, Real Estate Finance, Negotiation, Property Evaluation, Anti-Trust, Fair Housing, Environmental Protection Issues

Course 300Brokerage ManagementPersonal MarketingReal Estate NegotiatingProperty ManagementManaging Risk1030 Exchanges

Continuing education credit:

25 hours credit: Managing a Real Estate Brokerage, Negotiation, Property Management, Risk Management, Real Estate Taxation, Consumer Protection

The Oregon Association of REALTORS® is a certifi ed education provider in Oregon and our instructors meet the qualifi cations to teach continuing education courses in the state.

2011 SpringOregon GRI April 26–29, 2011Salem Conference Center200 Commercial St. SE, Salem, OR

Page 15: Oregon REALTOR Magazine

Pleaseregister

me for the

Fill outthis form

Reservationscontact:

Name ________________________________________________Nickname _____________________________________________

Firm _______________________________________________Firm Address _____________________________________________

City ______________________________________________________ State ____________________________Zip ______________

Firm Phone ___________________________Firm Fax __________________________ E-mail ______________________________

If course was taken elsewhere, please send written verifi cation of completion.

I previously completed Course(s) ________________at Location _______________________Month___________Year________

Note: Courses must be taken in numerical sequence. Mail to: OAR at P.O. Box 351, Salem, OR 97308

April 26-29, 2011 Please enroll me in: (check one)(Early bird tuition valid through April 8, 2011)

Course 200 @ $279 Course 300 @ $309

After April 8 Course 200 @ $305 Course 300 @ $325

In order to better accommodate your needs, do you have a disability that will require auxiliary aids or services at this meeting?

Yes No If yes, please explain______________________________________________________________________________

____________________________________________________________________________________________________________

Questions? Call 800/252-9115 (Salem 503/362-3645)Fax 503/362-9615 (Credit Card registrations only)

You can register online @ www.oregonrealtors.orgE-mail your registration to: [email protected]

Registration (Make checks payable to OAR)

Enclosed is my check for $ _________________ Charge my bank card (VISA, MasterCard, American Express only)

Charge $ ____________ Card No. __________________________________Expiration Date ___________

Billing Address _____________________________________________________________________

Signature ___________________________________________________________________________

Salem Conference Center/Grand Hotel The Grand Hotel adjoins the Salem Conference Center at 201 Liberty St. SE. For guest room reservations please call them at 877/540-7800 by April 1 for the Association’s preferred rate beginning at $119.

2011 Spring Oregon GRI

April 26–29, 2011Salem Conference Center200 Commercial St. SE, Salem, OR

Charge $ ____________ Card No. __________________________________Expiration Date ___________

Get REAL with great education!

Page 16: Oregon REALTOR Magazine

Dr. Jonathan M. “John” Wallace

As is often heard during the dues collection time, REAltoRS® ask, “What do i get for my money. Why should i be a REAltoR®?” Good questions, and no better time than the present to offer a few answers.

First off, happy birthday to PMAR! One of the three local associations that merged to form the Portland Metropolitan Association of REALTORS® - the Portland Board of REALTORS® - was recognized as a member board of the National Association of Real Estate Exchanges (the forerunner of the National Association of REALTORS®) in 1911, making them – officially – 100 years old this year. The Portland organization, however, was formed years earlier, and would have been one of the 20 founding associations except for a scheduling and train issue.

Yes, the Northwest is deeply rooted in the history and foundation of the National Association of REALTORS®. Representatives from 19 local boards and one state association met that day on May 12, 1908 in the YMCA Auditorium in Chicago, IL to begin the process of bringing some national structure and attention to the real estate profession. Of those 20, there were representatives from Bellingham, Seattle and Tacoma, Washington. Three of the 19 locals from only one other, Minnesota can claim the same level of interest in their profession. Add to that number, the gentleman from Portland who got the notice too late to make arrangements to travel by train to Chicago in time to make the meeting, and you would have 20 percent of the folk who came together that day to add strength – and professionalism – to their chosen profession. In fact, the Oregon connection to the National Association was so strong that the only NAR President from the Pacific Northwest served that position in 1920 - Frederick E. Taylor from Portland.

But the Realty Men (they were mostly men in those days) of the Northwest were not the only ones realizing the need for structure and for a voice. In the 1920s, there were many women working in real estate offices. In the Northwest, a group was formed – the Realtyettes – with the goal of uniting all women in the real estate industry. While the group was short-lived, it did inspire discussion at the national level. And in 1927 a National Association committee

Founding Principles of the REALTOR® Association Still Resonate TodayWhy Should I be a REALTOR® in 2011?by Dr. Jonathan “John” Wallace, CAE, Chief Executive Officer

was formed to meet with the Realtyettes to ascertain the feasibility of a national organization for women under the REALTOR® umbrella. The Realtyettes met with several well-respected national leaders including Phillip Fry of Portland and future NAR President Walter Schmidt, of Cincinnati. Then – as now – it takes a while for great ideas to become something more. But from those discussions, the Women’s Council of REALTORS® was formed within the NAR organization and they held their first national meeting in 1938.

So, now you get the connection to the past. But the past is…well, past. So, again I ask “Why should I be a REALTOR® today?”

To properly answer that question, maybe we should ask why folks from all over the country travelled for a three-day conference in Chicago in 1908 to discuss their profession. Another founding member in attendance during those days in Chicago was Alexander S. Taylor of Cleveland, the second President of NAR in 1910. Taylor made issues of taxation a focal point for himself and his executive committee.  “Unjust taxation is the most formidable foe of real estate over the whole country,” he warned.  “This is generally accepted among thinking men.” Wow! Is that the past talking…or do his thoughts have merit today? In fact, the Taxation Committee was one of the first standing committees established by NAR, and the first grassroots lobbying effort occurred during the establishment of the first income tax bill, when they successfully lobbied Congress to exempt rents collected by landlords from the new tax. And they were there in 1920, when they lobbied Congress for the passage of legislation enabling the mortgage interest deduction.

The National Association adopted the first Code of Ethics in 1913. Prior to the REALTOR® Code, only three other professions could lay claim to a codified set of principles dedicated to how to conduct business: the American Medical Association, American Bar Association, and United Typothetae (master printers – remember, it was 1913, and most all news and information was transmitted via the printed word). While some in the profession today may cast the Code aside, it really is what sets REALTORS® apart from other licensees who are not members of the Association. Then as now, real estate was a business filled with many who were only in it for the quick buck. Wycliffe Hill, one

Continued on page 17

16 | oREGon REAltoR® | Spring 2011

Page 17: Oregon REALTOR Magazine

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The modern era of globalization began after World War II through growing political and economic alliances. Six decades later nearly one-third of all REALTORS® have completed international real estate transactions involving a seller, buyer and/or use of foreign lending. Although real property is stationary and localized, buyers, sellers and financing elements are often transitory. In 2004 Oregon welcomed 103,835 tourists, students and work-related im-migrants. There were 3,612 immigrants to Oregon who became U.S. Citizens that year. Ethnic and cultural diversity enriched our state with people from China, India, Mexico, Philippines, South Korea, Ukraine and Vietnam. In 2006, the Oregon Association of REALTORS® International Business Council established clear goals and guide-lines that mirror NAR-International

Operations. Today the Oregon Associa-tion of REALTORS® is the NAR-ap-pointed Ambassador association to the country of Vietnam and last year won the 2007 International Ambassador Associa-tion of the Year award. Our members have the benefit of learning more about real estate and business practices overseas and across borders, along with investment opportunities for clients right here in our own front yard. Through 2010 inbound migration is estimated to result in five million new households in the United States. The OAR-IBC is gearing-up to help brokers and other professionals identify ways to expand their business practices by reaching this growing market sector. ■

For more information on getting connected with the Oregon REALTORS® International Business Council, go to www.oregonrealtors.org/international or visit our blog: www.oregonrealtors.org/IBC/IBC_BLOG/ to view the latest posts.

BuildingOn WhatWe KnowJack R. ThomasChairman, OAR-IBC Advisory BoardCertifi ed International Property Specialist

G L O B A L V I E W

Spring 2008 | OREGON REALTOR | 19

Founding Principles of the REALTOR® Association Still Resonate Today. . . continued from page 16

of the leaders of the REALTOR® movement in Texas in those early days, opined on the REALTOR® Code, “it places a legitimate dealer on a higher plane…it forces the man who is crooked to either reform his methods or be branded as unreliable, and get out of the ranks.”

But it’s not just about the Code and Governmental Advocacy, the REALTOR® Association also is the leader in professional education, legal protection, and communication – between and from members of the real estate community. Tom Peters said in the late 1990s that for professionals to succeed they need to differentiate themselves and not allow themselves to become a commodity (which is a good – real estate services in this example – for which there is demand, but which is supplied without qualitative differentiation across a market – there is no difference where you get the services – think “its price not quality”). No different today…maybe even more important! And the REALTOR® organization provides opportunities for you to differentiate yourself. From the designations and certifications provided via REALTOR® education programs, to the information that the public is looking for about their community or the government, to the research you need to put you at the top of any buyers’ or sellers’ list.

So the answer to the question: “Why should I be a REALTOR®?” is quite clear. The objective of the group in 1908 was: “to unite the real estate men of America for the purpose of effectively exerting a combined influence upon matters affecting real estate interests.” And the objective is the same today – with one major modification – uniting the real estate men and women of America. There is strength in numbers! Real estate is a heavily regulated profession, and is a good target of taxes – given the nature of the prices and volume.

Those who belong to the REALTOR® family should understand that their dues go to protect their profession… and protect them while they are in the profession. Real estate – for whatever reason – is under attack today like never before. From continuous media messages that it’s better to rent than buy, to an all-out assault on the Mortgage Interest Deduction, to looking at increased real estate taxes to fill budget shortfalls, real estate is in the crosshairs of so many it’s hard to keep count. Certainly, many of the major national real estate brokerages could have some impact on these issues if there were no REALTOR® organization. Yet the folk who lead those brokerages understand the value of THEIR organization, and continue to support it.

The REALTOR® organization, on all levels – local, state, and national – is a member-run organization. Decisions are made by working REALTORS® like you. So, if you are unsure about why you should be a REALTOR®, or are concerned that you are not getting an acceptable return on your investment, then get involved. Be one of the fine folks who make the decisions.

Right now is not the time for team dissension. Now is the time to rally together and fend off those forces that feel real estate, and the real estate profession, should change...Just as those gentlemen did in 1908.

Again, Happy Birthday PMAR! Thanks for helping to get us started. ■

“Unite the real estate men and women of America for the purpose of effectively exerting a combined influence upon matters affecting

real estate interests.”

Spring 2011 | oREGon REAltoR® | 17

Page 18: Oregon REALTOR Magazine

In order to better accommodate your needs, do you have a disability that will require special auxiliary aids and/or services at this meeting? ❏ Yes ❏ No

If yes, please explain: __________________________________________________________________________________________________________________

Register online at: www.oregonrealtors.orgMAIL TO: Oregon REALTORS®, P.O. Box 351, Salem, OR 97308 FAX: 503/362-9615 (VISA, Am. Ex. & MasterCard registrations only.)

Billing Address ___________________________________________________________________________________

Name __________________________________________________________Nickname ________________________

Firm ____________________________________________________________________________________________

Firm Address _____________________________________________________________________________________

City / State / Zip __________________________________________________________________________________

Telephone (Firm) _____________________________________ Fax (Firm) ___________________________________

E-mail Address ___________________________________________________________________________________

Enclosed is my check for $ ______________________________(payable to Oregon REALTORS®)

Charge my bank card (Visa, Am. Ex. or MasterCard only)

Charge $ _____________________________________________

Expiration Date ________________________________________

Bank Card # __________________________________________

Billing Address ________________________________________

Signature_____________________________________________

PRELIMINARY MEETING SCHEDULEAPRIL 12, 20118:30 am Registration/check-in

9:00 – 12:00 noon Law & Rule Required Course

12:15 – 1:45 pm Recognition Luncheon

2:00 – 3:15 pm Key Committee Meetings Political A� airs Business Issues

3:30 – 5:00 pm Committee Meetings Continue Government A� airs Professional Development

6:00 pm Cocktail Reception

APRIL 13, 20118:00 am Registration/check-in

8:00 – 9:15 am Young Professionals Networking (YPN) Breakfast

9:15 – 10:00 am Regional Caucuses

10:15 – 10:50 am Member/Director Forum

11:00 am – 4:00 pm Oregon REALTORS® Board of Directors

PROGRAM HIGHLIGHTS

TUESDAY, APRIL 12Law & Rule Required Course The course is part of the new education requirements that became e� ective January 1, 2011. You must complete this new course by the time of your license renewal.

Recognition LuncheonPresentation of the Distinguished Service Award.

WEDNESDAY, APRIL 13Young Professionals Networking (YPN) Breakfast Are you a young REALTOR® professional who is interested in meeting other young professionals in the industry? Join us at this breakfast and become involved.

OREGON ASSOCIATION OF REALTORS® 2011 SPRING GOVERNANCELaw & Rule Update Course: ____$25 early bird (through 4/1) ____$29 (4/2 and after)

Recognition Luncheon: Entrée – Teriyaki Chicken Breast ____$21 early bird (through 4/1) ____$26 (4/2 and after)YPN Breakfast: ____$18 early bird (through 4/1) ____$22 (4/2 and after) ____ I would prefer a vegetarian lunch

O R E G O N A S S O C I A T I O N O F R E A L T O R S ®

April 12-13, 2011Salem Conference Center

200 Commercial St. SE, Salem, Oregon

Law & Rule Required CoursePresentation of Distinguished Service Award

2011 Spring Governance

Meetings & EventsGovernance Governance

Meetings & Events

2011 Spring 2011 Spring Governance Governance 2011 Spring Governance 2011 Spring 2011 Spring Governance 2011 Spring

Meetings & Events

FEATURING

18 | oREGon REAltoR® | Spring 2011

Page 19: Oregon REALTOR Magazine

breaking news from the national Association of REAltoRS® is that nAR will be participating in the promotion of nationwide open House Weekend this year. nAR just announced their participation and details are yet to be confirmed, however the forms of promotion include:

• Facilitatingnationalmediacoverageby:➣ Providing a fill-in-the-blanks press release for local

association use➣ Writing and distributing a national press release➣ Writing and distributing a matte release on open house tips,

stats, and advice that can be placed directly into local papers➣ Pitching select national outlets➣ Posting information about the event on NAR’s Facebook

and Twitter pages➣ Providing talking points for local association spokespeople

• Providematerialstoparticipatingassociations:➣ Home Ownership Matters buttons➣ Home Ownership Matters flyers➣ REALTOR® balloons

• HighlightNOHonREALTOR.comby:➣ Promoting the weekend on the homepage

Nationwide Open House Weekend June 4-5➣ Adding notice of open houses for NOH on specific listings

and allowing visitors to search for NOH listings

• UsetheRealEstateTodayradioshowto:➣ Air a show or segments leading up to event about NOH

and open houses – how to stage a home, what to look for at an open house, etc.

• Writeandpublisharticlestoannouncetheeventandreportonitssuccessin:➣ REALTOR® Association Executive➣ REALTOR® Magazine and REALTOR® Magazine Online ➣ REALTOR.org➣ INS Reports

• Runahalf-pageadabouttheupcomingeventinREALTOR®Magazine

NAR announced their involvement in this program in mid-March. Additional information will be distributed to Association leadership, AEs and members as their plans are confirmed. The Oregon Association of REALTORS® participated in the 2010 Nationwide Open House last April and we will continue our involvement in 2011. ■

it’s been a little over two years since i was asked to join the oregon Association of REAltoRS® HoME (Home ownership Made Easier) foundation board and today i am amazed at what oAR HoME has accomplished in such a short time. the success is undoubtedly due to the combined efforts of a committed board, talented staff members, countless volunteers and generous supporters.

For many of you, the last you heard about the HOME Foundation was that we were just gearing up for the always exciting, end-of-year grant award process. Check out what’s been going on since then:

•InDecember,theHOMEFoundationawarded$70,000to20 Oregon non-profits dedicated to issues that are important to everyone in the real estate community (i.e., the creation of affordable housing, homebuyer assistance and education, homeowner education fairs, etc.)

HOME Foundation Outreach Continues to Growby celeste Schmorde

•TheHOMESweetHomeProgram(HSHP)enabledOregonREALTORS® to provide down payment and/or closing cost assistance to 40 first-time homebuyers across the state. This program was new in 2010 and was made possible by HOME’s receipt of an $80,000 NAR workforce housing grant.

•TheHSHPwasawardeda$100,000grantfromOregonHousing and Community Services in early March! This means additional homeownership opportunities for 50 Oregonians. The HOME Sweet Home fund was also replenished with 20% of funds generated by the HOME Foundation in 2010.

The Rogue Valley Food & Wine Classic was held as a HOME Foundation fundraiser on March 10 and these additional events are planned for 2011:

July21: 2ndAnnualDrivingitHOMEGolfTournament Langdon Farms in AuroraSept.15: 4thAnnualTasteofPortland Oregon Golf Club in West Linn ■

Spring 2011 | oREGon REAltoR® | 19

Page 20: Oregon REALTOR Magazine

How do I Deal With a Transaction When one Seller Won’t Sign the Contract?

H O T L I N E H I G H L I G H T S

Jenny PakulaStaff Counsel

Question: My buyer wrote an offer on a property where the title is held as husband and wife. only the wife has signed the offer because the husband does not use e-mail and is traveling and does not want to receive a fax. the seller’s broker says the husband wants the paperwork sent through the post office to his current location. our buyer wants to know if he has an accepted offer or if he should be worried that before the husband has signed the offer, the sellers could kill our offer and accept a new one. Does the wife’s signature, accepting the offer, give our buyer any kind of legal advantage?

Answer: The answers to the questions you ask are: Maybe the buyer has an accepted offer; yes, they should be worried, and yes the wife’s signature gives the buyer some legal advantage. One-spouse-signs situations come up all the time in real estate. When they do, brokers tend to start rambling on about the “one to purchase but two to sell” rule they were taught in real estate school. A deed held by the entirety cannot be transferred unless both husband and wife consent. It is that legal requirement upon which the “one to buy, two to sell” theory is based. Unfortunately, the rule has nothing to do with contracts.

A person can contract to sell property they cannot convey at the time of contract without affecting the validity of the

contract. The fact that the person may ultimately not be able to deliver title under the contract (and thus breach the contract) doesn’t mean there is no contract. All things being equal, it is no different when one spouse signs a contract for the sale of the property held by the entirety. The signing spouse

may well be bound to the contract. The fact that they may not later be able to deliver the deed as required by the contract doesn’t mean there is no contract; it just means they will be in breach of the contract they signed.

In this case, however, there is, as is often the case in one-spouse-signs deals, significant uncertainty about the formation of the contract. Contracts require mutual assent. It is not clear from the question whether the wife intends such assent because the buyer knows the sellers want the paperwork sent to the husband by post. That could mean a formation process, known to the buyer, which anticipates no assent until both wife and husband have signed. It is not a matter of just signatures or deed rules; it is a matter of ambiguity in the formation process itself.

So, the signing spouse, because she is signing, is on the line. Her signature will give the buyer a chance to claim a valid contract - a proposition they may or may not prevail upon depending on who can prove who-said-what-to-whom about the

formation process. As to the other spouse, it is a matter of whether they can be held to the contract even if they did not sign it. Legal defenses such as the Statute of Frauds cannot be used to perpetuate a fraud. A spouse who verbally agrees to a contract and knows their spouse and the other party are relying on that agreement cannot later use the deed requirement to avoid the contract. That said, dealing with anything “verbal” is risky because verbal agreements are only as good as the paper they are written on.

The wife’s signature gives the buyer some legal advantage, but that is not enough. What is needed is a record of the reason the wife is the only one signing and the husband’s knowledge and consent to forming the contract in this way. What needs to be “fixed” is the ambiguity surrounding the formation of the contract. This can be accomplished by an e-mail confirming the fact that an agreement was reached with both husband and wife but at the husband’s request the wife would sign to confirm the agreement and the paperwork would be sent to the husband per his request so that he could memorialize the agreement. To protect your buyer even further, add a line that says the buyer is relying on the husband’s acceptance, the husband requests that the paperwork be forwarded to him and the fact that an agreement has already been reached, (as witnessed by the wife’s signature) to move forward with the deal.

Continued on page 21

20 | oREGon REAltoR® | Spring 2011

Page 21: Oregon REALTOR Magazine

The complications created when only one spouse signs a contract to convey property held by the entirety was recently addressed by the California Court of Appeals in case of Keller v. Askar. Although the facts are slightly different, the underlying legal principles will help you understand why “one to buy but two to sell” doesn’t apply directly to contracts. The Askar’s were immigrants. In their native country it was customary for the husband alone to run all the family’s affairs. A deed by the entirety didn’t mean anything to them. It was just a piece of paper they got when they purchased property in the U.S. after immigrating.

When it came time for the Askars to sell the property they owned jointly, the husband handled the whole thing without even bothering to ask his wife about it or explain the details. All the wife knew was that the husband was selling the property. The husband was the only one to sign the contract. Everyone was fine with that, including the wife, until the sale dragged on so long that the husband thought the purchase price was too low. When he tried to jack the buyer up for more money by refusing to sell, the buyer sued for specific performance and the husband defended claiming the contract was invalid because the wife never signed.

The court wasn’t buying it. According to the court, the contract between husband and the buyer was a valid contract which husband breached by failing to deliver the

deed as promised. That he could not deliver the deed without the wife’s consent did not change anything other than whether the buyer could get specific performance. The only real issue was whether the buyer could force the non-signing spouse to convey her interest.

A suit for specific performance is a suit in equity. Equity is about whether it is fair in the circumstances to deny the buyer the property because the wife didn’t sign the contract. Equity is why one-spouse-signed cases are more complicated than simply saying “one to purchase but two to sell.” You have to look at whether the wife knew of and consented to the sale at the time the contract was formed. In Askar, the wife testified that her husband had the authority to act on her behalf and that was, legally, all she wrote.

So, forget “one to purchase but two to sell” as far as talking to clients about one-spouse-only contracts. Start with “we need to get the signatures of all people on title on the contract.” Having both sign is obviously

How do I Deal With a Transaction When one Seller Won’t Sign the Contract?. . . continued from page 20

the most certain course. When for some reason that doesn’t happen, don’t start talking about whether there is a valid contract or whether someone can get out of the deal because someone didn’t sign. Instead, start talking about how to remove formation ambiguity so the intent of the parties is clear. If people want to (for any reason) talk about the “validity” of a contract, tell them you aren’t a lawyer and they need to talk to a lawyer before proceeding. It goes without saying but confirm your advice in writing! ■

Spring 2011 | oREGon REAltoR® | 21

Page 22: Oregon REALTOR Magazine

oregon YPn is a growing group of REAltoRS® who are energized, career-minded real estate professionals looking to make connections and find the best resources to build their business. We strive to provide our members with the latest market news and keep them aware of the best resources for information. As a member of oregon YPn, you’ll receive invitations to all of our exclusive networking events, the latest industry news and information about opportunities to get involved in leadership roles within YPn and the oregon Association of REAltoRS®.

Oregon Young Professionals Network Expands Activitiesby Zack benedict, Oregon YPN Chapter

Recent events that the Chapter has been involved with include REALTOR® Day at the Capitol on March 16th where we sponsored a booth to provide members with information about YPN. On Friday, March 25th Oregon YPN participated in the Oregon Association of REALTORS® Night at the Portland Trail Blazers game. Each year the Oregon REALTORS® are able to sponsor children from the Children’s Cancer Association and their Chemo Pals to come and enjoy the game as well.

In April we are sponsoring tech tips and networking with Victoria Linton of Ticor Title who will discuss “Using Facebook & Blogging to Build Your Business.” Join us for this event on Wednesday, April 13th at 8:00 a.m. at the Salem Conference Center; we encourage everyone to come.

This summer we will host a networking event in conjunction with the CRS course instructed by Brian Copeland, the 2011 National YPN Chair. Brian will be coming to Portland and Bend in July for a Social Media class. More details coming soon.  

For more information and information on how to register for these events, visit us online at http://www.oregonREALTORS®.org/Education/YPN/

Find and follow us on Facebook at: http://www.facebook.com/oregonypn

How Do I Join Oregon’s Young Professional Network?

Here are a few steps you can take when trying to join YPN to make sure you get through your registration completely the first time. Some things you’ll need are your Realtor.org username and password and your NRDS number. If you

do not know your NRDS number or your Realtor.org username and password, you can contact customer service at 1-800-874-6500.

Follow these three easy steps to join Oregon’s YPN:1. Go to the Realtor.org website via the

following link http://www.realtor.org/rmosurv2.nsf/ypnhome

2. Click on “Join the YPN Network” and it will take you to the login page. You will then need your Realtor.org username and password to login.

3. After logging in you will need to fill out the application (you can also upload a photo as well as personalize your profile) completely. Once you’re done filling out the application, click on the “Make Me a Member” tab at the bottom of the page.Once you’ve successfully joined,

you’ll see a message that says, “Thank you for becoming a member of the Young Professionals Network!” Welcome! ■

Zack benedict

22 | oREGon REAltoR® | Spring 2011

Page 23: Oregon REALTOR Magazine

The HOME Foundation isdedicated to assisting 501(c)(3) organizations committedto affordable housing.

E V E N T P R E S E N T E D B Y :

Captain Name __________________________________________________

Team Captain phone # __________________________________________

Player #2 _______________________________________________________

Player #3 _______________________________________________________

Player #4 _______________________________________________________

I will pay by (circle): check AMEX Visa MC

Card Number __________________________________

Exp. __________________________________________

Payment for all players listed must be included

R E G I S T R A T I O NMail registration to:

OAR HOME Foundation, 2110 Mission St. SE, Salem OR 97302 or fax to 503-362-9615.For more information call 800-252-9115

Langdon Farms Golf Club24377 NE Airport Road, Aurora, OR 97002

Registration 11:45 a.m. • Shotgun Start 1:45 p.m.Player registration fee: $125 per player • Team scramble format

Includes: Green fees with cart, BBQ buffet dinner andunlimited range balls prior to play

Thursday, July 21st, 2011G O L F T O U R N A M E N TG O L F T O U R N A M E N TG O L F T O U R N A M E N T

Come play golf to help others realize the dream of home ownership!

Neil Lomax will be back as emcee for the awards dinner!

Neil LomaxFormer NFLQuarterback

Purchase your yellow team ball in advance – $20.00 per team

2nd Annual Driving it

G O L F T O U R N A M E N TG O L F T O U R N A M E N TG O L F T O U R N A M E N TG O L F T O U R N A M E N TG O L F T O U R N A M E N TG O L F T O U R N A M E N T

2nd Annual Driving i2nd Annual Driving i

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HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOME2nd Annual Driving i2nd Annual Driving i

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HOME2nd Annual Driving i

HOME2nd Annual Driving i

HOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOMEHOME

Spring 2011 | oREGon REAltoR® | 23

Page 24: Oregon REALTOR Magazine

MARCH 30-31Accredited Buyer Representative (ABR)crowne Plaza Hotel, lake oswegowww.oregonrealtors.org

APRIL 12Law & Rule Required CourseSalem conference centerwww.oregonrealtors.org

APRIL 12-13Oregon REALTORS® Governance Meetings & DSA LuncheonSalem conference centerwww.oregonrealtors.org

APRIL 26-29Oregon GRI • Course 200 & 300Salem conference center www.oregonrealtors.org

MAY 9-14 NAR Midyear Meeting Washington DC • NAR 312/329-8200

JUNE 4-5Nationwide Open House Weekend

JUNE 23-24Oregon/Washington Joint AE TrainingOxford Suites Hotel-Jantzen Beach • Portland, OR

JULY 212nd Annual Driving it Home Golf Tournament Fundraiser for the HOME Foundationlangdon farms, Aurora, oRwww.oregonrealtors.org

SEPTEMBER 15Taste of Portland • Fundraiser for the HOME Foundation Oregon Golf Club • West Linn, ORwww.oregonrealtors.org

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