September 2012 - Wisconsin Real Estate Magazine by Lauren Bizorik

Real Estate WISCONSIN

A PUBLICATION OF THE WISCONSIN REALTORS速 ASSOCIATION

Sales Tip: Be Yourself Everyone else is already taken!

Condo Challenges

The condo questions discussed recently on the Legal Hotline.

Real Estate Boost

The state legislature considers incentives to stimulate the industry.

Urban Legends

Clarity on myths about contracural forms.

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by Greg

Are You Headed the Right Way with Your Marketing?

MAGAZINE

September 2012 Vol. 28 No. 12

FOCUS

Changing Misdirection in Your Marketing

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CONTENTS September 2012 | Vol. 28, No. 12

19 12 Urban Legends 14 Cultural Diversity 17

REALTOR® Sales Tip

You can grab those new clients by being, well, you!

The truths about using nonapproved forms.

26 Industry Boost 28

Tammy and Tommy

A review of the candidates and chances for success.

A summary of programs that can help Wisconsin real estate.

Do you know about the WRA’s cultural diversity programs?

17 Legal Hotline

A summary of issues encountered in condo transactions.

The General Store is back — and it’s Google!

Are you in business to serve yourself? And is your marketing approach authentic? Greg Bennick, Opening Session speaker at the WRA’s 2012 Annual Convention, takes a close look at the mistakes of misguided marketing.

WIREALESTATEMAG • SEPTEMBER 2012

19 Product Showcase 22

Cover Story

A MESSAGE FROM THE PRESIDENT by Mike Theo

Are We Ready for the Graying of Wisconsin?

WIREALESTATEMAG • SEPTEMBER 2012

e’re getting old. No big And think about the impacts on housing needs and revelation there, right? But demands. We could see people staying in their homes the implications of that longer and thus impacting the “normal” cycle of simple fact are not so simple, and are sales and turnover. We could see less new in fact, staggering. housing construction. Conversely, we The presidential campaign could see more construction of new of late has focused on several communities that are more important such implications, compact, higher density with like the future solvency of our more walkable retail and In 2010, one in eight Medicare, Medicaid and Social medical care outlets. Security systems. But our We could see far less Wisconsin residents aging demographics will also household formations were over 65 years have a significant consequence and thus less overall for our state and our industry. demand for housing. If old. By 2040, almost Consider the following projections. we continue to over-rely on According to a recent study the property tax to fund our one in four will be prepared for the state by the schools, technical colleges, over age 65. University of Wisconsin-Madison police and fire protection, Applied Population Laboratory, our road repairs, snow removal population in Wisconsin is expected to and garbage collection, how grow by 14 percent over the next 30 years, will older homeowners and which is more than 800,000 people. However, renters on fixed income be there will be a dramatic shift in the age able to stay in their homes or distribution over those years. In 2010, one in apartments? And if they can’t, eight Wisconsin residents were over 65 years old. what are the implications By 2040, almost one in four will be over age 65. for our schools and local To break that down even further, the percentage services? Moreover, as the federal government considers the of 18-24 year olds will increase by 1.5 percent over possible reduction or elimination of the mortgage interest the next 30 years. 25-44 year olds will increase by 3.2 deduction, housing affordability will directly suffer — and percent. 45-64 year olds will actually decrease by 2.5 percent. along with it, our aging homeowners on fixed incomes. But 65-84 year olds will increase by 91 percent, and our 85 and older population will soar by 142 percent! The study says this trend Feeling old yet? is almost solely due to the aging of our existing state residents and not due to any mass influx of retirees migrating to Wisconsin. The share of Wisconsin population over 65 years old will increase from about 770,000 to 1.544 million, according to the UW-Madison study. The number of elderly Wisconsinites will Feeling old yet? exceed the number of children at some point during the second The ramifications of this “graying” of Wisconsin will be significant. half of the 2020s. As we gray, these and many more issues Think of the impact on state and local government services. Think will directly and indirectly impact the real estate industry and of the impact on the medical and health care profession. Think how we do our business. Are we ready for that discussion? of the geographic impact on various parts of the state between rural, urban and suburban communities and regions. Think of the impact on transportation patterns and needs; on our economy and jobs; on our primary and secondary education systems; on voting patterns and public policy priorities; and on and on and on.

REAL ESTATE INSIDE THE WRA

MAGAZINE

Editorial Staff: Publisher: Michael Theo Editor: Lauren Bizorik Senior Designer: Joe Leschisin Advertising: Robert Uhrina WRA Executive Committee: Rob Keefe, Chairman Renny Diedrich, Chairman-Elect Steve Lane, Treasurer Jeffery Theisen, Vice President Tim Stemper, Vice President Peter Sveum, Vice President Paul Schieldt, Vice President Contact Information: 4801 Forest Run Rd., Suite 201 Madison, WI, 53704-7337 (608) 241-2047 • (800) 279-1972 e-mail: editor@wra.org website: www.wra.org POSTMASTER: please send address changes to the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run Rd., Ste. 201, Madison WI 53704-7337. Wisconsin Real Estate Magazine™ is published by the WISCONSIN REALTORS® ASSOCIATION. Trademark issued pursuant to Wisconsin state statute; federal trademark is pending. Wisconsin Real Estate Magazine, USPS 597-850, ISSN 1548-0526, is published monthly by the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run Road, Ste. 201, Madison, WI 53704. Periodical postage paid in Madison, WI and additional mailing offices. An annual subscription rate of $5 is included in membership dues and a copy is mailed to every paid REALTOR® and affiliate member of the association. Nonmember subscription rate: $60. Permission to reprint or quote any material from this issue is hereby granted, provided the Wisconsin Real Estate Magazine is given proper credit in all articles or commentaries, and the WISCONSIN REALTORS® ASSOCIATION is provided with a copy of any reprint. Advertising of third party products and services herein does not imply endorsement by the WRA unless specifically stated. Furthermore, the WRA does not endorse, approve, or otherwise warrant the accuracy or legality of any information or content contained in advertisements. Any questions regarding advertising policies should be directed toward the editor.

September is REALTOR® Safety Month Knowledge, awareness and empowerment are the core components of the REALTOR® Safety Month campaign by the National Association of REALTORS® (NAR), aimed at educating REALTORS® to understand that the risks they face on the job can mean the difference between life and death. As part of the NAR’s efforts to keep REALTORS® safe, September is dedicated as the month to kick off safety efforts — but that’s just the start. To help remind REALTORS® of dangers they may face, to be aware of surroundings, and to be empowered with precautions and preparations to avoid risky situations, NAR has developed an online REALTOR® Safety Resource Kit. This kit consists of useful safety material, tips and reminders, including: • Free webinars on REALTOR® safety presented by industry experts and available throughout the year. • Quarterly safety messages sent to associations and brokers to share with members. • Expansion of client safety materials and resources. • Tips for customizing your safety strategy. With this information, you can keep safety awareness top-of-mind with these resources brought to you by NAR throughout the year. Both NAR and the WRA want to help both REALTORS® and customers be safe in the practice of real estate. Let’s all work together and stay safe! To view the webinars and for REALTOR® Safety promotional handouts, artwork and more information, visit www.realtor.org/safety.

REALTOR® in the Community

New magazine column is open for business!

We are launching a new section in the magazine that will highlight REALTORS® from across the state making positive contributions to the community. Did you organize and manage a toy drive? Did you coordinate a benefit run or walk? Are you a frequent volunteer at an animal shelter? These examples and more are the types of charity involvement we will highlight in the new REALTOR® in the Community (RITC) column in the magazine. You will be able to nominate yourself as well as nominate another REALTOR® you feel is deserving of recognition. To nominate, complete the RITC online nomination form for yourself or the REALTOR® you wish to nominate. If your nomination is selected to be published in a future issue of Wisconsin Real Estate Magazine, WRA staff will reach out to you for additional information when developing your story for the REALTOR® in the Community column. Visit www.wra.org/ritc for the submission form as well as a disclaimer form with full rules and details. We look forward to your submission! Until then, get out, volunteer, and have fun!

WIREALESTATEMAG • SEPTEMBER 2012

Real Estate WISCONSIN

MEMBERSHIP RESOURCES

Exclusive Member Benefits We wish you success in your career and hope you take advantage of the many benefits we offer.

Affordable Solutions for REALTORS®’ Insurance Needs

or the past 30 years, Pearl Insurance has offered programs specifically designed for real estate professionals to over 40 national, state and local associations. Pearl’s partnership with XL helps to provide association members with an A-rated E&O program, rated by A.M. Best, value-added services to enrich customer and client relationships. Pearl’s program has been endorsed by the Wisconsin REALTORS® Association since 1994, providing affordable solutions for REALTORS®’ insurance needs. In 2011, XL and Pearl unveiled a brand-new E&O policy for REALTORS®, unlike anything offered before, with new policy features and enhancements for customers. Watch for additional benefits this year, including instant issuance for select small firms, lower premium rates, and additional enhancements to the current offering. Pearl and XL offer a comprehensive policy, including: • Network and privacy: Be protected if private client information is lost or stolen from your networks and more — built into the policy! • Not-for-profit directors and officers liability protection. • Subpoena assistance: No-cost legal assistance for when you are not party to the claim. • Free 3-year extended reporting period: New policy provides free three-year tail for death, disability or retirement when insured with Pearl for four years. • Open house and lockbox property damage coverage up to policy limits. • Exclusive risk management support including access to seminars, webinars, case studies and other materials only available to Pearl’s Real Estate Professionals Risk Purchasing Group Association. For more information, visit www.pearlinsurance.com/wra.

Office Supplies

Health, Dental & Life Insurance

Website Development

Save big on office supplies with Office Supplies 2U, a Wisconsin-based company with a seasoned, experienced staff focused on customer service. OS2U’s mission is to be the single-source premier supplier of business products by providing the utmost in quality, commitment and care. For more information, contact Bob Brooks at 608-441-8900, ext. 26, or by e-mail at bobb@os2u.com. Visit OS2U online at www.os2u.com.

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Interested in creating your own website? WRA members can design and maintain their own websites through Real Estate Home Pages. Software templates and easy-to-use tools for adding images and formatting text provide a professional look, usually only attained by a graphic artist or Web designer. Visit www. realestatehomepages.com for more information. You’ll be amazed at how easy and inexpensive having a website can be!

WIREALESTATEMAG • SEPTEMBER 2012

Long-Distance Program

Save big money on your long-distance rates with AMI Communications Inc. The plan features low rates with no monthly plan fee, no time-of-day restrictions and no term or volume commitments. AMI also offers a variety of products, including teleconferencing and toll-free service. Call 800-254-3202 or visit www.ami.net and mention that you are a WRA member to begin enjoying the high-quality service and savings that AMI provides.

Business Furniture Established in 1940, Emmons Business Interiors has marketed and distributed quality office furnishings across Wisconsin for decades. Through several statewide locations, EBI provides a complete line of quality new and used furniture, as well as refurbished office furniture products. Also available are interior design services, installation, and project management and moving management. Let the experienced team at EBI design efficient, productive and ergonomic work environments for your office or home. For more information, contact Tod Dean at 800-324-1691 ext. 424, or by e-mail at todd@ebiweb.com. Visit online at www.ebiweb.com.

Shipping Discounts WRA members currently enrolled in the UPS Savings Program must re-enroll to take advantage of this new exclusive offer. Just take a few minutes to fill out the short application form available at www.savewithups.com/enroll. To enroll, use promo code NCR308. If you have any questions, call UPS at 1-800-325-7000. If you have questions about one of the WRA Member Benefits, please contact Debbie Thacker at dthacker@ wra.org or by calling 1-800-279-1972.

WISCONSIN MONTHLY HOUSING REPORT by David Clark

Both Sales and Median Prices Increase in July WISCONSIN HOUSING STATISTICS MONTHLY ACTIVITY — JULY 2012 Statewide JUL-2012 JUL-2011 % Change YTD-2012 YTD-2011 % Change New Listings 9,841 9,880 -0.4% 73,727 76,028 -3.0% Closed Sales 6,023 5,133 17.3% 35,405 29,409 20.4% Median Sales Prices $143,000 $140,000 2.1% $132,000 $131,500 0.4% Median Price Existing Home Sales Region JUL-2012 JUL-2011 % Change JUL-2012 JUL-2011 % Change Southeast $154,500 $152,000 1.6% 2,185 1,773 23.2% South Central $165,000 $168,000 -1.8% 1,311 1,081 21.3% West $139,950 $129,900 7.7% 596 564 5.7% Northeast $124,500 $125,000 -0.4% 1,031 899 14.7% Central $110,000 $105,450 4.3% 355 288 23.3% North $130,000 $120,000 8.3% 540 518 4.2%

View Online View all of the housing statistics at www.wra.org/housingstatistics.

percent, whereas the growth in home sales was 4.2 percent in the North region and was 5.7 percent in the West. “The slower growth in the North and West regions may be due in part to lower availability of starter homes in those regions,” said Keefe, who pointed out that median prices were up 7.7 percent in the West and 8.3 percent in the North. “While some of these increases are due to general price appreciation in the state, much of it represents a shift in the mix of homes away from entry-level homes and lower-cost vacation homes toward higher-end properties,” he said. The median price rose 2.1 percent in July, relative to July 2011, which represents the fifth straight month of higher median prices statewide. Although inventories remain solid, they have fallen significantly over the past year. “We were sitting on nearly 18 months of inventory in July of 2011, and that has fallen to just under 13 months,” said WRA President and CEO, Michael Theo. Still, housing remains very affordable. The Wisconsin Housing Affordability Index, which measures the percentage of a median-priced home that a buyer with the median family income

143,000

Median home price for July 2012, a 2.1 percent increase. can afford, was at 240 in July, up from a revised 218 in July 2011. This improvement in affordability is driven primarily by a reduction in mortgage rates. The 30-year fixed-rate mortgage stood at 3.55 percent in July, which is a full percentage point below the mortgage rates this time last year. Although the Conference Board’s Consumer Confidence Index improved slightly in July, both the national and the state unemployment rate also increased by small margins. “Overall, this remains a buyer’s market, and given these phenomenal mortgage rates, there will continue to be good opportunities for those who qualify for loans,” said Theo. Working with a REALTOR® who knows the local market is the best way to identify the best values. David Clark, Ph.D, is a professor of economics at Marquette University and serves as a consultant to the WRA in the analysis of existing home sales data as well as in the preparation of the monthly Wisconsin Housing Report. For more information, contact Clark at C3 Statistical Solutions. 414-803-6537

WIREALESTATEMAG • SEPTEMBER 2012

he Wisconsin housing market continued to strengthen as existing home sales grew at a healthy 17.3 percent in July compared to that same month last year and median prices rose for the fifth straight month, according to the most recent monthly report by the Wisconsin REALTORS® Association (WRA). The median-priced home rose 2.1 percent to $143,000 compared to July 2011. “While the pace of the national economic recovery has been weak this year, Wisconsin home sales have rebounded nicely over the past year,” said Rob Keefe, Chairman of the WRA board of directors. He noted that Wisconsin home sales have been outpacing the nation. A recent report from the National Association of REALTORS® showed that U.S. existing home sales in the second quarter grew at 8.6 percent compared to that same quarter last year, whereas the Midwest region was up 16.2 percent over that same period. By comparison, second quarter Wisconsin home sales were up 21.3 percent over last year. “The July sales figures continued this trend of robust growth in home sales,” said Keefe. Four of the six regions in Wisconsin grew by double-digit margins during July, with three regions up more than 20 percent for the month. Specifically, the Central and Southeast regions grew at just over 23 percent and the South Central region was up just over 21 percent. The Northeast region saw its home sales grow by 14.7

CHANGING

FEATURE

IN YOUR

THE STATE OF BEING MISDIRECTED IN

B WIREALESTATEMAG • SEPTEMBER 2012

EING A KEYNOTE SPEAKER AND AN ENTERTAINER HAS TAUGHT ME VALUABLE LESSONS ABOUT HUMAN INTERACTION. MY MATERIAL HAS TO BE RELEVANT AND POWERFUL. MY APPROACH NEEDS TO BE ENTERTAINING. THE AUDIENCE NEEDS A SENSE OF WHO I AM ON A PERSONAL LEVEL. AND EACH PERSON IN THE AUDIENCE NEEDS TO FEEL AT THE END OF THE PRESENTATION THAT THEIR TIME WAS WELL SPENT.

Some of these lessons come from counterintuitive origins: simplicity yields powerful messages, jokes often come from serious subjects, and the audience needs to be so enthralled that they forget about time. But for me, each of these pieces are a part of an overall mission of finding direction for each client, rather than assuming that my skill set and a standard presentation will serve all. The former approach speaks to having direction, and the latter to misdirection. This article is about marketing misdirection, and how as marketers of services, no

matter what our line of business, we can find better direction when we think about changing what we’ve done in the past into a new way of thinking.

The State of Misdirection Most people are in business to serve their own needs, but ultimately that’s a misdirection. All too often, I encounter speakers so lost in their own ego that they are unbearable to watch on stage. Their presentations are self-serving; they want you to buy their book after the

speech, or they are so focused on getting rebooked the following year that they lose sight of what is truly the most important element: the audience. REALTORS® would be wise to consider the same ideas when pitching and serving clients. When we offer services, the recipient is our top priority; we must know their needs, their fears, and how they will benefit from what we offer. Real estate isn’t free, so what can result in the buyer feeling confident and satisfied in money well-spent? They must feel that the direction they chose — to

MISDIRECTION MARKE TING by Greg Bennick

MARKETING IS THE STATE OF BEING SELF-SERVING

work with you — was the right one! The state of being misdirected in marketing is the state of being self-serving. But misdirection can sometimes be a positive when working with clients: those we serve do not need to know the inner workings of our efforts to serve them. They don’t need to know that we canceled a double-booked meeting in order to make their meeting instead. They don’t need to know about any of the frustrations from our process. They simply need to know that they are well-served and well-serviced — that’s it. And if that process is sincere, the

client will know it. Clients can sense sweet talk; they can spot manipulative ads. And likewise, they know when people genuinely care. So leave the frustrations of your work life behind when working with clients. Let them see what should be at the core of your motivation to work with them: them. I incorporate juggling into my keynotes, both to entertain and deliver messages. I have spoken for clients all over the world and paid close attention to the needs of those clients and of every audience. I focus on how they react. I think about what works. I think about why people react.

Sound familiar? … Marketing works the same way. And often what a client sees isn’t what is really happening behind the scenes. Sometimes this can be a good thing: a trick that looks easy actually required endless practice, or a cleverly spoken line might have gone through a dozen revisions. But the most important lesson I have learned from my art and craft has been about why I do what I do. It’s not about looking good or seeming successful; instead, it’s all about serving the audience, and most importantly, giving them something of real value.

WIREALESTATEMAG • SEPTEMBER 2012

“We as individuals are in a state of constant change — not just socially and not just in terms of our business and our lives, but literally.”

FEATURE

WIREALESTATEMAG • SEPTEMBER 2012

Time for a Change

There is a quality to a quiet room filled with sudden applause that I never take for granted. If I have learned one thing in my years as a juggler and speaker, it’s that life — like that room and the audience’s response — is in a state of constant change. I may be skilled at throwing and catching, but with so many variables, I never know exactly where a ball will fall. I like to think that every throw is a bad throw and it’s up to the other hand to correct it. Thus I am constantly in a mode of considering how and where I can rework patterns to eventually grow as an artist and keynote speaker and ultimately offer more impact to my audiences. There is always room to grow if I am willing to break out of patterns that have kept my creativity and expansion locked down until that point, and especially so if I keep others’ experiences in mind. We as individuals are in a state of constant change — not just socially and not just in terms of our business and our lives, but literally. Our hearts beat,

we inhale and exhale, and from moment to moment, we think new thoughts and generate ideas and we’re different than we were before. We, in the moment of reading this sentence, are not the people we were before we started reading this article. When we embrace that we are in a constant change, we realize our potential to guide that change and to influence not only our lives, but the lives of those around us. We must be willing to embrace new creative directions based on new situations — especially in terms of those we serve. Let’s consider that the way we’ve approached marketing could change. Since I began juggling as a teenager, I have had to become an expert at playing with patterns as well as both exploring and embracing change. When I find myself at an impasse with a move, the best decision to work through it is to change my approach. I am doomed by repeating the same step over and over but not questioning why it isn’t working the way I hoped. And if life is to be lived fully and our potential is to be expanded, we owe it to ourselves

to not just live on repeat, but to seek revision in order to expand and grow. Traditionally, we think of marketing as being about sales. And we think of sales as leading to profit. And we think of profit as the ultimate gain — the final answer to the question held like a neon sign above far too many of our heads: “what’s in it for me?” Profit is like the speaker hearing the audience’s applause; at face value, applause seems like the payoff. But the real payoff runs deeper — applause is simply people hitting their hands together. Why they applaud is the real payoff; I only reach that point if I have served their needs. When I aim solely for applause but don’t consider the inspiration behind applause, I am misdirecting my approach; I have forgotten about serving my audience. Likewise, when we focus first on profit as marketers, we inherently skip service entirely. Profit can actually be poisonous to our success and to the experience of our clients since there is no way to have integrity when our goals are self-serving.

“When we focus first on profit as marketers, we inherently skip service entirely.”

AUTHENTICITY Having integrity is ultimately about being authentic and true with others. We can’t say one thing and do another; if you do, and if your secret goal is profit before people, consider rethinking your misdirection. A new approach: make marketing about service. Think about the impact if your primary goal is your service, and how it benefits others, rather than profit as the principle goal itself. In the past, when I pursued profit as a primary focus, I found myself immersed in a lack of authenticity. I offered subtle manipulations to coerce the buyer, and while this might work short-term, I was left feeling like I sold myself out. A few years ago, I bought a new car. During the test drive, the salesman told me some pieces of information that were outright lies, all inspired to motivate my purchase. I knew they were untrue because I did prior research myself: the particular stereo, for example, which came in stock

in this make and model, cost the dealer $120 and retailed for $250. “That’s a thousand-dollar stereo there,” the salesman said. I smiled and bought the car because I needed a car right away, but I never forgot that. And far more importantly, I swore to never buy from that dealer again. In fact, I swayed quite a few people interested in my car away from that dealership and away from the brand overall. That lie and that misdirection in marketing cost the dealer both new customers and repeat customers just from that one instance — never forgotten — of total inauthenticity. You can see where this is going: be sincere and be genuine in your work. Consider the buyer first and foremost. Serve them like your life depends on them … because it does. Your clients are your livelihood. Treat them with the respect they deserve and they will weigh that deeply in their consideration when they are making buying decisions in the

future. After all, you are not offering them one transaction: hopefully you are going to be offering them many transactions, because each will serve them so well that they will want more of what you have to offer. The benefits will come to you, especially if you agree to change your marketing misdirection into a direct focus instead on your clients and their needs. If you take that new approach and break your old patterns, inevitably you will hear inspired and enthusiastic applause from the clients who you work to serve. Greg Bennick was the keynote speaker at Opening Session at the WRA Annual Convention on September 10, 2012. He is a professional keynote speaker offering presentations in change management and marketing for his clients. He lives in Seattle and travels the world constantly, connecting with people and listening to them. He likes Thai food, cats and sincerity. Greg can be found on the web at www. gregbennick.com.

WIREALESTATEMAG • SEPTEMBER 2012

Authenticity is Key

REALTOR SALES TIP

Use Your Difference to Make a Difference!

We say we are REALTORS®, helping people fulfill dreams of homeownership. But to connect with those people, we need to be known. When we chat about sales and marketing, my biggest tip is to be yourself — everybody else is already taken!

WIREALESTATEMAG • SEPTEMBER 2012

y being yourself and allowing people to recognize you for your talents and differences, you will become recognizable — and also bankable; so when potential customers in your geographic area or industry segment think of your specialty, they will think of you! Type your name into Google. How many search results point to you? However known or unknown you are today, plan for activities that will increase your name recognition over the next six to 12 months.

by Marcus A. Wally

Be yourself tip #1: Be selective I recently asked a contractor if he could look at a plumbing problem at one of my rentals on Monday. His response was, “Monday of which month?” I loved that. How many times do we receive calls from prospects who want us now? And because we want the business and need the money, we are concerned about saying “no.” The secret is that working for everyone dilutes your brand. It’s okay to turn down business that isn’t right for you; sometimes, it just might not be the right fit. When you turn down someone, you have the opportunity to say “yes” to someone else.

Be yourself tip #2: Ask your customers for online reviews In 2012, I asked customers for support through online reviews. Each time I closed a sale, I asked those customers to post on Google Places about their experience with me and with New World Realty. When real people with real e-mail addresses post credible and reliable testimonials online, Google increases my exposure. Simply make online reviews easy for others to help you, and they’ll do it! To see my online review tutorial, visit www.agileinternetmarketing.com/2012/7-easy-steps-to-registeringand-posting-a-google-places-review. And, use this in your business to gain positive online reviews!

“Embracing your differences allows others to make a connection with you, especially if they can personally relate to your story.”

You’re in the driver’s seat — don’t let prospects grill you. When you are the one with the thought-provoking questions, engaging questions in the conversation — be it with a new prospect or a longtime customer — you immediately move yourself up a notch and gain control of the discussion. Embracing your differences allows others to make a connection with you, especially if they can personally relate to your story. Your story will help them decide if they want to do business with you. Just keep your story true, consistent and authentic, and you’ll make the connection. As you build on your strengths, concentrate your efforts of building your reputation as a leader. Always under-promise and over-deliver — that’s the secret to offering great customer service! Providing excellent customer service and going that extra mile will definitely get you noticed. Answer your phone messages and e-mails promptly, fix problems with a smile and always keep your word. And never miss the opportunity to say, “I apologize,” when making a mistake. Owning your actions and admitting your shortfalls will set the stage for your prospects to see you as a credible, honest and trustworthy advisor. The bottom line is to be yourself and take steps today to move closer to being known in your market. Don’t allow yourself to be just another commodity and another tradable expert for hire — allow yourself to develop into the best-known and recognizable REALTOR® with recognizable value. And folks will want to work with you and pay for you! Do more — be more — achieve more. But, of course, be yourself! Marcus A. Wally, MBA, is an active REALTOR® in St. Augustine, Florida. Marcus is the founder and broker of New World Realty, which also manages the coaching and facilitation of education classes around the world. Marcus earned his MBA from the University of North Florida in Jacksonville. He can be reached at 904-669-1081 or at marcus@newworldrealty.com. Learn more about him at www.newworldrealty.com.

WIREALESTATEMAG • SEPTEMBER 2012

Be yourself tip #3: ask the questions

LEGAL by Cori Lamont

Uncovering the Truth: Using Non-Approved Forms

The sixth installment of articles dispelling real estate untruths

ith the influx of bank-owned (REO) properties, involvement of attorneys and more savvy consumers, Wisconsin real estate licensees are being asked to participate in transactions where non-state-approved forms are being utilized. Historically, the Secretary of the Department of Safety and Professional Services (DSPS) approved all of the forms, however with the passing of the 2011-2013 state budget, the authority passed to the Real Estate Examining Board (REEB).

WIREALESTATEMAG • SEPTEMBER 2012

The basics: what are approved forms?

There are six groups of contractual and conveyance forms approved for use by Wisconsin real estate licensees; some of the groups are limited to use only by brokers. Wis. Admin. Code § REEB 16.03 identifies the six groups: 1 Forms prepared and approved by the department, which include the REEB; such forms are numbered with a numeral preceded by the letters “WB.” As of 2012, there are 28 WB forms. 2 Forms prepared and approved by the State Bar of Wisconsin for deeds, land contracts, mortgages, mortgage notes, partial release of mortgage, satisfaction of mortgage, assignment of mortgage, and assignment of land contract. These forms are numbered with a numeral preceded by the letters “SB.” Only brokers may use these forms. 3 Uniform Commercial Code forms #1, 2, 3, 4, 11, 410, 430, 445, 450 and 451. Only brokers may use these forms. 4 Contractual forms for the sale, purchase or rental of real estate or a business located in another state, provided that the contractual forms are those that licensees may legally and customarily use for such transactions in the state where the real estate or business is located. 5 Forms prepared by governmental agencies for use in programs administered by them under authority provided by law. Examples include federal forms associated with FHA, VA, Rural Development loans or HUD programs, or their similar state or local equivalents. 6 Forms to be used for a property management agreement between a broker and a landlord that are prepared by the broker entering into the agreement, the broker’s attorney or the landlord, that contain provisions relating to leasing, managing, marketing and overall management of the landlord’s property.

While this situation may present itself in a variety of ways, the most common in today’s real estate market involves REO properties. Often the bank is not local to Wisconsin, and to fulfill its desire to have uniformity in all the transactions it is involved in throughout the United States, the bank has created its own set of forms. For instance, the bank may have had its legal counsel create a listing contract, offer to purchase, counter-offer, and an amendment; we will cover addenda later.

Wisconsin real estate licensees cannot be involved in a transaction unless WB forms are being used. THE TRUTH: Wis. Admin. Code § REEB 16.04 requires Wisconsin licensees to use Wisconsin-approved forms if an approved form is available for that purpose. Meaning, if the Wisconsin real estate licensee is involved in a residential transaction, then they would be using the WB-1 Residential Listing Contract and the WB-11 Residential Offer to Purchase. Although Wisconsin law requires brokers to use stateapproved forms, when acting as a broker in a real estate transaction, the broker, as a party to the listing, may agree to and sign the seller-provided listing contract. Any time an attorney or consumer form is provided and a WB form is available, the licensee is permitted to help negotiate the terms of the contract, and only the consumer or an attorney may actually fill in the blanks. In a listing or buyer agency agreement, the licensees may sign the agreement as a party to the listing. In Wis. Admin. Code § REEB 16.02(5), “‘use a form’ means to complete a contractual or conveyance form by filling in the blanks or modifying printed provisions on a form for the purpose of accomplishing the intent of a party in a specific real estate transaction.” The licensee may deliver the documents to the parties and negotiate the terms of the contract. But when it comes time to complete the forms, the consumer or their attorney may need to complete the document. Delivery of forms does not violate license law, but giving legal advice about them or completing them results in a violation of law and ethics. Brokers are prohibited from engaging in the unlicensed practice of law and completing contractual forms that are not state-approved, unless there is no WB form for the kind of transaction and one is drafted by a party or attorney whose name is imprinted on the form per § REEB 16.04.

Urban legend #2 Licensees are not required to follow Wisconsin law when a transaction involves non-WB forms. THE TRUTH: It is a matter of broker discretion whether or not to enter into a non-WB listing or buyer agency contract. If a broker does permit licensees to enter into non-WB listings or buyer agency agreements, there are a few specific items the broker

should be concerned about. The first item is whether the contract meets the requirements of Wis. Stat. § 240.10, which sets forth the minimum requirements for an enforceable listing or buyer agency contract for the payment of commission. Wis. Stat. § 240.10(1) provides: “Every contract to pay a commission to a real estate agent or broker or to any other person for selling or buying real estate shall be void unless such contract or note or memorandum thereof describes that real estate; expresses the price for which the same may be sold or purchased, the commission to be paid and the period during which the agent or broker shall procure a buyer or seller; is in writing; and is subscribed by the person agreeing to pay such commission, except that a contract to pay a commission to a person for locating a type of property need not describe the property.” In addition, the real estate licensees must meet Wisconsin agency disclosure requirements. After obtaining the broker’s consent, an agent should compare the nonWB form to the WB forms, giving special consideration to commission and listing protection provisions. It is recommended that the broker have the company attorney review the non-WB contract since many important broker protections that appear in the REEB-approved forms may not be included in the alternative form. For example,

WIREALESTATEMAG • SEPTEMBER 2012

Urban legend #1

LEGAL

the broker must provide a Broker Disclosure to Clients form as required under Wis. Stat. § 452.133(2) and request the client’s written acknowledgment that the client has received the form if the property is residential (1-4 units). The WB state-approved forms incorporate these statutory disclosures. If the broker executes a non-WB listing or buyer agency contract, the broker should incorporate the Broker Disclosure to Clients form into the listing or buyer agency agreement, or concurrently, use a separate Broker Disclosure to Clients form. In addition, the non-WB form most likely does not include the language that provides the broker rights to commission relating to protected buyers (listing) — see lines 61-65 and 220-229 of the WB-1 and protected properties (buyer agency) — see lines 205-210 and the relevant definitions on lines 147-181.

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Urban legend #3

A licensee may create a form from scratch if there is not a contractural form for the kind of transaction. THE TRUTH: Wis. Admin. Code § REEB 16.04(2) provides, “When to utilize approved forms: (2) For those kinds of real estate or business opportunity transactions for which the department has not approved contractual forms a licensee, when acting as an agent or a party, may use contractual forms drafted by a party or an attorney, if the name of the drafter is imprinted on the form before use by a licensee. For the purpose of this subsection, a listing broker is a party to the listing contract transaction.” Wisconsin real estate licensees must use the state-approved form when it’s available. However, if a state-approved form is not available, then the licensee may use a form drafted by the parties

or an attorney. For instance, there is not a state-approved lease form, and a Wisconsin licensee would be permitted to use the WRA lease form as it states that it is drafted by an attorney.

Urban legend #4 There are state-approved addenda. THE TRUTH: The state of Wisconsin does not have any state-approved addenda forms for real estate. Licensees may use a pre-prepared offer addendum provided by an REO company or consumer, but only if the prepared or “preprinted form” addendum complies with Wis. Admin. Code § REEB 16.06(4) or (5). When REO sellers provide worksheets, addenda or offers, and ask the broker to complete them, the broker should proceed cautiously. A licensee may be safe to complete an optional information addendum prepared by a party or an attorney or non-contractual forms such as a worksheet. Working with an REO-drafted purchase contract or other contractual form between the parties, on the other hand, may present a danger zone for licensees. A licensee must properly incorporate the addendum by reference into the approved form and relate the approved form and the attached addenda to one another. REO addenda tend to be language modification addenda because they change mandatory provisions in the offer. The agent may wish to have the party or their attorney complete the form to help the licensee avoid running afoul of these rules. Cori Lamont is Director of Brokerage Regulation and Licensing for the WRA.

10 Things

You Didn’t Know About WRA Cultural Diversity Programs by Debbi Conrad

families with children, and the LGBT community — all present in areas that may appear on the surface to be without diversity and with no need for protection from discrimination. Did you know about the … ?

1 NAR Diversity Initiative Grant: The WRA and its Cultural Diversity in Housing Committee was awarded a grant to have the consumer-friendly explanations of the residential listing contract and offer to purchase translated into Spanish. The committee will work with a coalition of local REALTOR® associations to promote the completed tools to local Hispanic community groups and groups working with homebuyers. The Spanish translations will be available to all REALTORS® and all others for free on the WRA website. The translation is under way — look for further news in the fall!

WIREALESTATEMAG • SEPTEMBER 2012

here is a committee at the WRA that does wonderful and beneficial things that few members seem to know anything about: the WRA Cultural Diversity in Housing Committee. This committed, active bunch is constantly looking for ways to promote cultural diversity among the membership and leadership and to better enable REALTORS® to successfully work with culturally diverse clients and customers. They are that constant reminder of those scenarios that members should avoid to steer clear of fair housing law violations, although they don’t like to think of themselves as the equal opportunity law monitor for the association. Members sometimes comment that they are not in need of such services because they have no minorities in their communities, but that is rarely the case. The cultural diversity mission is comprehensive and involves more than just racial minorities. Fair housing and equal opportunity principles clearly apply to and protect groups such as the elderly, those with disabilities,

LEGAL

2 Partnership for Success Program: This is one of the “best

WIREALESTATEMAG • SEPTEMBER 2012

kept secrets” at the WRA, and brokers often remark they know nothing about it! This program forges a partnership between the applicant, the sponsoring broker, the local or regional association, and the WRA. Applicants must be of a minority race, color or national origin, and must demonstrate a commitment to becoming successful real estate licensees. The sponsoring broker provides a mentor and in-house training for the program recipient to optimize the success of the new licensee. The program offers a variety of benefits for fledgling REALTORS®, including educational opportunities, REALTOR® dues waivers, MLS fees and other start-up assistance features. The fees paid by the WRA must be repaid to the program within three years so that awards may be made to additional deserving recipients. See www.wra.org/Education/Scholarships/ PSP/WRA_s_Partnership_for_Success_Program for more information. Wisconsin Fair Housing Network Conferences and Luncheons: The WRA is a major participant in the Wisconsin Fair Housing Network, a coalition of representatives from private and public agencies as well as organizations dedicated to fair housing education and the promotion of Equal Housing Opportunity. These network-sponsored annual April events feature presenters, often of national stature, addressing the various ways fair housing concerns influence land use, planning, mortgage financing, landlord-tenant relationships and real estate practice. Poster/Essay Contest and Calendars: A popular annual Network project, a contest is held each year for students to create fair housing posters and essays based on a youthfriendly theme. The posters and essays were featured in a calendar each year that was distributed throughout the state. This last year, 2012, budgetary constraints suspended this practice for the time being. NAR Diversity Committee Participation: One or more members of the WRA Cultural Diversity in Housing Committee have served on the NAR Cultural Diversity Committee each year. This participation on the national level keeps Wisconsin in step with federal trends and changes. Groundbreaking Article 10 Amendment: The WRA Cultural Diversity in Housing Committee was a key participant in the efforts to amend Article 10 of the REALTOR® Code of Ethics to prohibit discrimination based on sexual orientation. See “Amendment to Article 10: An Achievement of Cooperative Effort” in the December 2010 Wisconsin Real Estate Magazine, at www.wra.org/WREM/Dec10/Article10.

7 Accessibility Features Report: the frustration experienced by persons with disabilities and those using a wheelchair in finding a property that they can fully enjoy has weighed on the minds of the committee throughout the years. That is why they have not just once, but twice, worked to provide accessibility features reports to provide property feature information of interest to those with special needs. See page 9 of the November 2010 Legal Update, “Growing Market for Accessible Housing” at www.wra.org/LU1011, and check out the Accessibility Features Report forms and instruction sheets at www.wra.org/Disabilities. 8 At Home with Diversity® Course: At Home with Diversity® is a NAR course designed to present a picture of the changing face of the real estate industry. More importantly, the class teaches REALTORS® how to work effectively with and within a rapidly changing multicultural market. The committee sponsored the course in Madison for $15 per person in 2010 and plans to sponsor it again at an attendee-friendly cost within the next biennium. For more information about the course, visit www.realtor.org/designations-and-certifications/ at-home-with-diversity. 9 April is Fair Housing Month Promotions: The committee is fond of promoting the spirit of fair housing and cultural diversity with magazine articles, Hottips and Legal Updates each April reminding members of the rewards of a diverse practice embracing all groups and the negative repercussions of illegal discrimination. 10 10. Fair Housing and Equality Opportunity Resources: The WRA website includes resource pages with a wealth of helpful information. There is a page to facilitate cultural awareness and interactions in business dealings, one with resources for transactions involving buyers with disabilities, a page with general fair housing resources and one devoted to translation concerns and resources. Visit www.wra.org/ Resources/FairHousing/Fair_Housing_and_Equal_Opportunity_ Resources_Overview. In the end, this is all about enhancing the ability of REALTORS® to provide equal professional service without regard to race, color, religion, sex, handicap or disability, familial or family status, national origin, sexual orientation, marital status, lawful source of income, age, ancestry, or any other class protected by law in Wisconsin communities. Good business practices embrace all clients and customers and lead to a successful and rewarding real estate practice. Debbi Conrad is Senior Attorney and Director of Legal Affairs for the WRA.

BEST OF LEGAL HOTLINE by Tracy Rucka

Condo Challenges

Electronic Delivery Resources

The agent is working with a buyer who does not have a computer and did not consent to e-mail delivery. The listing broker sent an e-mail with several PDF files with hundreds of pages of documents. Is this considered delivery? The agent working with the buyer was told that it is his responsibility to print the documents and give them to the buyer. What if the listing broker provided a URL to a website with the documents? Effective May 28, 2012, Wis. Stat. § 703.33(9) provides: “ELECTRONIC DISCLOSURE. The information required under subs. (1) and (2) [condominium disclosure materials] may be disclosed electronically in accordance with 15 USC 7001(c) [federal E-Sign law] and any other requirements that are prescribed by law.” The intent of the law change was to allow for electronic delivery of the condo documents. However, the problem here relates to the qualifier that electronic delivery requires the parties give electronic consent and include e-mail as a form of delivery in the offer. Because e-mail was not an authorized method of delivery, the fact that the documents were e-mailed does not accomplish delivery as required in the offer. With different facts, where the parties have given electronic consent and included e-mail delivery in the offer, all the legally required disclosure documents could be delivered via e-mail as PDF copies. See electronic delivery resources in the box. A link to an association’s website may not be enough to satisfy

the § 703.33 disclosure requirements because that statute contemplates delivery and not just access to the documents.

Right to rescind The buyer has a contract to purchase a condominium unit and plans to use the unit as an investment, renting it out personally and not using the rental company onsite. The buyer reviewed the bylaws and talked to the association president prior to drafting the offer, and this is allowed. Prior to closing, the board of directors issued a new policy, requiring units to be rented through the rental company, and imposing owners to a myriad of fees: check-in fee, key fee, TV fee, garbage fee, internet fee, lost key fees, towel fees and so on. Financially, these fees reduce the buyer’s potential profit, so he wants out of the deal. Does the buyer’s right to rescind apply?

WIREALESTATEMAG • SEPTEMBER 2012

Electronic delivery of condo disclosure materials

See the discussion of the offer delivery provisions on Pages 4-5 of Legal Update 01.11, “Best of the Legal Hotline – Offer to Purchase Provisions,” at www.wra.org/LU0111. See the “Best of the Legal Hotline” regarding Electronic Delivery in the November 2008 Wisconsin Real Estate Magazine at www.wra.org/WREM/Nov08/ElectronicDelivery and “Behind the Curtain” in the June 2010 Wisconsin Real Estate Magazine at www.wra.org/WREM/Jun10/BehindCurtain. See the discussion of the enactment of the provision for electronic delivery of condominium disclosure materials on pages 2-3 of the July 2010 Legal Update, “Legislative Update,” at www.wra.org/LU1007.

LEGAL

Condominium law allows a purchaser certain rescission rights per Wis. Stat. § 703.33(3m) and § 703.33(4). (See box below.) The buyer has a right to review the condominium documents and rescind based on the content of the documents. If, prior to closing, there are changes to the disclosure documents that would materially affect the rights of the purchaser, the buyer may rescind in writing within five business days following receipt of the amended documents. The broker may recommend that the buyer and the seller immediately consult with legal counsel to determine if the changes to the rules and regulations are material, thereby triggering the buyer’s rescission rights per Wis. Stat. 703.33. For further discussion about condominiums, see the June 2004 Legal Update, “Condominium Law Revisions” at www.wra.org/LU0406 and the Condo Law resource page at www.wra.org/condolaw.

Wis. Stat. § 703.33

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(3m) CHANGE IN MATERIAL FOLLOWING DELIVERY TO PURCHASER. Any material furnished under sub. (1) may not be changed or amended following delivery to a purchaser, if the change or amendment would affect materially the rights of the purchaser, without first obtaining approval of the purchaser. A copy of amendments shall be delivered promptly to the purchaser.

(4) PURCHASER’S RIGHT TO RESCIND CONTRACT OF SALE. (a) Any purchaser may at any time within 5 business days following receipt of all of the documents required under sub. (1) and within 5 business days following receipt of any amendment required under sub. (3m), rescind in writing a contract of sale without stating any reason and without any liability on his or her part.

Rental units The seller has a unit in a condo and has been renting the property for many years. There is now a new board of directors, and the seller is being told that he no longer can rent the unit. Can an association disallow rentals? An association cannot change leasing policy without a lawful or proper change in the bylaws or rules and regulations. If the governing documents are properly modified, the association may disallow rentals. The seller may consult with legal counsel and the association attorney to determine whether the association or manager are following the approved condo rules or are attempting to modify policy without actual authority to do so. When working with buyers, it is important they understand that policies may change over time, which is why the new WB-14 condo offer includes the following caution at line 160: “CAUTION: The Association may have the power to prohibit, limit or regulate Unit rentals now or in the future.” See Wis. Stat. § 704.03 and § 704.17(3) at http://www.legis.state. wi.us/statutes/Stat0704.pdf and Wis. Stat. § 706.02 at http://www.legis. state.wi.us/statutes/Stat0706.pdf.

Choice of forms The listing agent received an offer on a condominium on a WB11 Residential Offer to Purchase instead of the WB-14 Residential Condominium Offer to Purchase. Should the offer be rewritten on the condo form? What should the listing agent tell their seller? Based on license law, licensees shall present promptly all offers received (see Wis. Admin. Code § REEB 24.13). The listing agent should review the offer with the seller and explain the advantages and disadvantages of the terms as drafted on the WB-11 form

and explain how the WB-14 was created specifically for condominium transactions. While a licensee should use whichever state-approved form best matches the transaction with the fewest number of changes or modifications, it is quite possible that the co-broke agent could face disciplinary action from the Department of Safety and Professional Services for failure to use the form that best fits the transaction. In order to address issues that are unique to condominium transactions, it would be prudent for the parties to enter into a WB-14 or include WB-14 provisions in the WB-11. The seller may reject the buyer’s offer and ask the buyer to submit an offer on the WB-14, counter the buyer’s offer incorporating the necessary condominium provisions or initiate a WB-14 adapting it into an offer to sell. Is the Addendum C required now with an offer to purchase and/or listing contract for a residential condominium? The need for Addendum C has been eliminated with the introduction of the newly revised condominium offer to purchase. Addendum C to the WB14 Residential Condominium Offer to Purchase was originally created to supplement the 2000 version of the condominium offer and reflect the changes made to the condominium law in 2004. The addendum updated the condo offer by incorporating the then-new requirements for the condominium disclosure materials executive summary and the Condominium Addendum to the Real Estate Condition Report. It also outlined the procedures and deadlines for the delivery of missing disclosure materials and the buyer’s resulting rescission rights. These changes in the law have been integrated into the 2011 edition of the WB-14. For additional information about the 2011 condominium offer, see “What’s New in the Condo Offer?” in the April 2011 edition of Wisconsin Real Estate Magazine at www.wra. org/WREM/Apr11/NewCondoOffer and the March 2011 Legal Update, “2011

WB-14 Residential Condominium Offer to Purchase,” at www.wra.org/LU1103.

The buyer is negotiating on a twounit condo duplex and is trying to purchase half of the duplex. The seller has only provided bylaws but no condo documents. What documentation does a small condo have to provide? Effective November 1, 2004, Wis. Stat. § 703.365 gives a small condominium, having no more than 12 units, a series of options regarding operations. The small condo law was adopted to allow fewer formal requirements, provided that the declaration of the condominium authorizes one or more of these streamlined requirements. Accordingly, per Wis. Stat. § 703.365(1) and (8), an executive summary, as well as other documents, may not be required as part of the disclosure materials for a small condominium, provided that the declaration was drafted or amended to state that the abbreviated disclosure requirements described in § 703.365(8) apply to the project. For more detailed information about small condominium disclosure materials, see the March 2011 Legal Update “2011 WB-14 Residential Condominium Offer to Purchase” online at www.wra.org/LU1103.

Foreclosures and lien rights Recently, a condo unit was foreclosed on and is now owned by the lender. Prior to the sheriff’s sale, the association filed liens for unpaid condo fees. The lender is saying they would only pay fees from the time they took over the property. What happens to the prior fees? Pursuant to Wis. Stat. § 703.165, a condominium association has the right to assess and file a lien against a condominium unit owner for unpaid fees, however, the statute also provides a priority of lien rights in a foreclosure action. Wis. Stat. § 703.165(5) of the condominium law

Wis. Stat. § 703.165(5) PRIORITY OF LIEN A lien under this section is prior to all other liens except: a. Liens of general and special taxes. b. All sums unpaid on a first mortgage recorded prior to the making of the assessment. c. Mechanic’s liens filed prior to the making of the assessment. d. All sums unpaid on any mortgage loan made under s.45.80, 1989 stats. e. A lien under s. 292.31 (8) (i) or 292.81.

creates priority of condominium liens over all other liens with five stated exceptions: As stated in Wis. Stat. § 703.165(5)(b), one of those exceptions is “a first mortgage recorded prior to” a condominium lien. Generally, the person or entity who has filed the first lien is entitled to be paid first, in full, before any funds are available for the second lien holder, but there are exceptions to this rule. Typically unpaid real estate taxes are always given first priority or the first lien position. Therefore, if there are not funds available after the liens are paid in the order of priority, then the condominium may be unable to recoup those fees. For more information about the condominium associations, the law and the WB-14 Residential Condominium Offer to Purchase, review the March 2011 Legal Update located at www.wra.org/LU1103.

Tracy Rucka is Director of Professional Standards and Practices for the WRA.

WIREALESTATEMAG • SEPTEMBER 2012

Condo docs for small condo

PRODUCT SHOWCASE by Nichole Mickelson

The Return of the General Store

WIREALESTATEMAG • SEPTEMBER 2012

ou remember the General Store — the one-stop shop for food, clothing and household supplies in earlier times. As settlements grew and society advanced, the General Store was replaced by specialized stores offering better quality products but in a smaller variety. Well, with the surging price of gasoline combined with the general economic recession of the past few years, the “general store” appears to be making a comeback. Example: large stores like Walmart and Target are now “supersized” with the addition of full grocery departments. Technology is also adopting this reversion to the “general store.” Example: Google is becoming a one-stop shop for all your technology organization and storage needs. Google has come a long way from its beginnings as an Internet search engine. Now offering e-mail, website creation and hosting, blogging, file storage and sharing, maps and more, Google is on its way to branding virtually every current non-physical technological tool available for organization. Taking a page right out of the Facebook business model, the majority of what Google offers can be used for free, which given the economic conditions of the past few years, has propelled it to become a household name, much like Facebook. How many times a day do you “Google” something or hear someone say “Google it”? If you like the one-stop shop idea, look into Google and all the services it has to offer. A sampling of those that might be most intriguing to REALTORS® are: • Google Docs: document creation, editing and sharing; housed by Google Drive. Visit docs.google.com.

“Google is on its way to branding virtually every current non-physical technological tool available for organization.” • Google Drive: free file storage and sharing service with 5 GB of free space. See it at drive.google.com. • Google Apps: whether it is for personal or professional use — Google Apps for Business, for example — basically, “there’s an app for that” for all of Google’s products and services. Visit www.google.com/apps/business. • Google also offers a free blogging service, Blogger. Now owned by Google, Blogger is free and gets you up and running in minutes. Visit www. blogger.com. • Google Sites: www.google.com/sites is Google’s free website creation and hosting service. • Salespeople: take advantage of the Project Work site to aid your organization and time management so you can work smarter and not harder. Visit sites.google.com/site/ projecttrackingtemplate. • Office Managers: consider using the Project Wiki template for company project management and implementation.

• Brokerages with multiple offices: keep everyone connected and up-to-date with the Corp Intranet template.

Reasons Why You Should Hire a REALTOR® Promo Kit One of the WRA’s one-stop shops is the Reasons Why You Should Hire a REALTOR® Promo Kit. Providing consumers with an explanation of why they should hire a REALTOR®, this kit, written by the WRA’s marketing department, includes 50 mailable 4” x 6” postcards and an accompanying 11” x 17” display poster. The postcards include a printable area for your logo and mailing address so they can be mailed as well as distributed at open houses or displayed in restaurants, coffee shops and other high-traffic areas. Use the promo kit to highlight the advantages of working with a REALTOR®. Visit www.wra.org/kitrealtorpromo. Another all-in-one offering from the WRA is the Broker in a Box. A consolidation of valuable products designed to assist a broker in opening an office, the Broker in a Box offers all the office essentials you need to get up-and-running. See more at www.wra.org/kitbrbox.

Nichole Mickelson is the Business Services Assistant for the WRA.

What’s Your Dream Job? When was the last time your boss asked you that? At Coldwell Banker it’s always our first question. We believe our success comes from helping you realize your idea of

Every Dream Deserves a Chance DreamBlueBlog.com • ColdwellBankerOnline.com

WIREALESTATEMAG • JULY 2012

success. It’s whatever you decide.

EDUCATION

Top-Notch Classroom Education Whether your goal is to become a real estate sales licensee, enhance your career with a prestigious designation, or renew your license with continuing education, this section offers you the key courses you will need.

CRS 202: Sales Strategies November 1-2, 2012 Radisson Hotel Milwaukee West — Wauwatosa Learn how to tap into the motivations of today’s qualified homebuyers and help them achieve homeownership! You’ll learn about identifying buyers and gaining their trust and loyalty. Earn 16 credits toward your CRS designation with CRS 202. Don’t miss this course — and don’t miss prime networking opportunities with other REALTORS®! Visit www.wra.org/ CRSCourses for more information. Submitted for 2011-12 CE. Instructor: Jackie Leavenworth, CRS. Take advantage of the Pro Program! If you have been licensed for at least 10 years and have an average of $1 million per yer year with at least 40 transactions, you only need this course to earn your CRS designation!

2-Day ABR Course October 2-3, 2012 — Milwaukee

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Do you like working directly with buyer clients? If so, this course is for you! You’ll discover how to represent buyer clients with the same level of service that sellers enjoy. You’ll also learn about methods for building your buyer representation business. Complete two of the three days of required education for the ABR designation. This course qualifies for 2011-2012 CE Courses 1, 2 and 4. (It does not fulfill NAR’s Code of Ethics requirements). SAVINGS: Take $30 off your registration with the special REBAC discount. Visit www.wra.org/ABRcourses for additional information.

Real Estate Sales Pre-License October 8–12, 15–17, 2012 WRA Headquarters — Madison Lo obtain a real estate license in the state of Wisconsin, you must first complete 72 hours of approved education courses, such as our sales pre-license course. Second, you must pass a stateadministered exam. The WRA will offer an eight-day accelerated 72-hour sales program on October 8–12 and 15–17, 2012 in Madison. For more information, visit www.wra.org/salespl

Commercial CE City Center — Milwaukee For CE with a focus on commercial real estate, look no further than the WRA’s Commercial CE courses! Upcoming courses in Milwaukee include: • September 13: CE 3, 8:30 a.m. – 12 p.m.; CE 4, 1 p.m.– 4:30 p.m. • September 27: Elective A, 8:30 a.m. – 12 p.m.; Elective D: 1 p.m. – 4:30 p.m. • November 1: CE 1, 8:30 a.m. – 12 p.m.; CE 2, 1 p.m. – 4:30 p.m. • November 15: CE 3, 8:30 a.m. – 12 p.m.; CE 4, 1 p.m. – 4:30 p.m. • November 29: Elective A, 8:30 a.m. – 12 p.m.; Elective D: 1 p.m. – 4:30 p.m.

Appraisal CE • October 3: Foreclosures & Short Sales: Dilemmas and Solutions Appleton, WI — 7 hrs. • October 4: Bullet Proof Your Appraisal Report – Madison, WI (A.M.) — 3.5 hrs. • October 4: Calculate Your Way to More Income – Madison, WI (P.M.) — 3.5 hrs. • October 25: Excel and Appraisal Practice – Wauwatosa, WI — 7 hrs. • October 26: 7-Hour National USPAP 2012-2013 Update – Madison, WI — 7 hrs.* *Approved: balance of courses submitted for CE approval

WRA Course Schedule Visit www.wra.org/CourseSchedule for full schedule and details. Sales & Marketing Management Date Course Location Early Regular A.T.D. October 2-3, 2012 2-Day ABR course Milwaukee $250ª $260ª $280ª November 1–2, 2012 CRS 202*** Milwaukee $275 EARLY BIRD SPECIAL $199 OR $119** *Plus books ** Audit fee: If you previously completed a course. *** Wisconsin CRS Members receive a $20 discount a Take advantage of a $30 discount given by REBAC.

Conference and Conventions Date March 18-19, 2013

Event/Course Appraisal Conference

Location Wisconsin Dells

Real Estate Continuing Education Course 2011-12 CE 2 & 1 2011-12 CE 3 & 4 (Commercial) 2011-12 Elective A & C 2011-12 CE 3 – DVD 2011-12 CE 1 & 2 2011-12 CE 4 & 3 2011-12 CE 3 & 4 2011-12 Electives A & C 2011-12 Electives A & D (Commercial) 2011-12 CE Course 1 - DVD 2011-12 Elective C – DVD 2011-12 Course 1, 2, & D 2011-12 Course 1 & 2 2011-12 Elective A – DVD 2011-12 Course 1 & 2 2011-12 Course 3 & 4 2011-12 Electives A & C 2011-12 Course 1, 2, Elective A 2011-12 Elective B – DVD 2011-12 CE 2 & 1 2011-12 Elective C – DVD 2011-12 CE 4 & 3 2011-12 Course 3, 4, & 2 2011-12 Course 1 & 2 2011-12 Course 3 & 4 2012-12 Course 1 & 2 2011-12 Course 3 & 4 2011-12 CE Course 2 - DVD 2011-12 CE Course 3, 4 & 1

Location Madison Milwaukee Brookfield La Crosse West Bend Madison West Bend Madison Milwaukee Janesville Sheboygan Appleton Madison La Crosse Lake Geneva Madison West Bend Green Bay La Crosse Brookfield Sheboygan Brookfield Appleton Rice Lake Lake Geneva Cedarburg Rice Lake Janesville Green Bay

Price (800) 279-1972 (800) 279-1972 (800) 279-1972 (608) 785-7744 (262) 338-8114 (800) 279-1972 (262) 338-8114 (800) 279-1972 (800) 279-1972 (608) 755-4854 (920) 457-7908 (920) 739-9108 (800) 279-1972 (608) 785-7744 (262) 723-6851 (800) 279-1972 (262) 338-8114 (920) 739-9108 (608) 785-7744 (800) 279-1972 (920) 457-7908 (800) 279-1972 (920) 739-9108 (715) 835-0923 (262) 723-6851 (262) 375-4730 (715) 835-0923 (608) 755-4854 (920) 739-9108

Course Sales Pre-license Course Broker Pre-license Course

Location Member Madison Madison $325*

$27/m; $35 nm $27/m; $35 nm

$27/m; $35 nm

$27/m; $35 nm $27/m; $35 nm

Pre-License Date October 8–12, 15–17, 2012 Nov. 26-29; Dec. 10-13, 2012 *Plus books

Non-Member $325* $345*

ATD $335*

WIREALESTATEMAG • SEPTEMBER 2012

Date September 13, 2012 September 13, 2012 September 14, 2012 September 17, 2012 September 19, 2012 September 20, 2012 September 26, 2012 September 27, 2012 September 27, 2012 September 27, 2012 September 27, 2012 October 2, 2012 October 2, 2012 October 3, 2012 October 3, 2012 October 3, 2012 October 4, 2012 October 4, 2012 October 8, 2012 October 8, 2012 October 8, 2012 October 9, 2012 October 9, 2012 October 10, 2012 October 10, 2012 October 10, 2012 October 11, 2012 October 11, 2012 October 11, 2012

LEGISLATIVE

Baldwin vs. Thompson Former Gov. Tommy Thompson’s victory on August 14 in the Wisconsin U.S. Senate primary sets the stage for the general election matchup against U.S. Rep. Tammy Baldwin that most prognosticators predicted months ago. Polling from several sources pointed to a Thompson primary win, even as the race tightened during the last stage of the primary calendar.

WIREALESTATEMAG • SEPTEMBER 2012

he general election contest between “Tammy and Tommy” should generate one of the most sharply contrasted elections in the country. As noted by Charlie Cook of The Cook Political Report, “a Thompson vs. Baldwin contest would likely be about their different approaches to government and to solving the nation’s problems, with their respective resumes and records featured heavily.”

Polling over the last few months confirms a highly competitive race, but Thompson was generally the only candidate who consistently polled ahead of Baldwin. In a survey conducted August 16 through 19 by Marquette Law School, Thompson edged Baldwin 50 percent to 41 percent, with 7 percent undecided. In a Tammy vs. Tommy matchup, prognosticators believe Thompson has the early edge but

expect a close and expensive contest. The WRA Political Strategy Group, RPAC trustees and board of directors will consider this race and make a recommendation in September. Below is a “Baldwin vs. Thompson at a Glance” summary designed to provide a quick and easy look at the candidates’ biographies, past issue priorities, polling over time and key endorsements.

by Joe Murray

Tammy Baldwin, 49

Tommy Thompson, 70

• • • • •

• • • • • • •

Issues • • • • • •

Voted for $820 billion stimulus Voted for cap-and-trade Voted for 2010 health care bill Supports universal health care Voted for resolution to impeach VP Dick Cheney Supports benefit guarantees for military veterans

Endorsements (partial) • Amalgamated Transit Union • AFL-CIO • American Federation of State, County and Municipal Employees (AFSME) • International Brotherhood of Electrical Workers • International Association of Machinists and Aerospace Workers • Service Employees International Union (SEIU) • International Brotherhood of Teamsters • United Auto Workers • United Food and Commercial Workers • EMILY’s List

Bachelor’s degree, UW-Madison Law degree, UW Law School, 1966 Juneau County Board, 1971-1974 Wisconsin Assembly, 1967-1986 Wisconsin Governor, 1987-2001 HHS Secretary, 2001-2005 Consultant/Partner, 2005-Present

Issues • • • • •

Wisconsin Works Welfare reform Milwaukee School of Choice advocate Created Wisconsin BadgerCare Program Cut income and capital gains taxes Stewardship Fund advocate

Endorsements (partial) • • • • • • • • • • •

WI Right to Life Dairy Business Association WI Corn Growers Association WI Farm Bureau Federation Milwaukee Police Association Milwaukee Professional Firefighters Association WI Grocers Association WI Restaurant Association Chiropractic Society of WI WI Health Care Association WI Mortgage Bankers Association

WIREALESTATEMAG • SEPTEMBER 2012

Bachelor’s degree, Smith College, 1984 Law degree, UW Law School, 1989 Dane County Board, 1986-1994 Wisconsin Assembly, 1993-1999 U.S. representative since 1999

LEGISLATIVE

Legislature Considers New Ideas and Incentives to Stimulate Real Estate Industry

Home Ownership Saving Accounts

In preparation for the 2013-14 legislative session, which begins in January, members of the Wisconsin Legislature are looking for ideas to grow the economy and create jobs in the state. One of the areas targeted to accomplish this goal is changes to Wisconsin’s tax system. Because Wisconsin is often regarded as a high tax state, some elected officials believe that creating a more favorable tax climate in Wisconsin will encourage new businesses to move to and existing businesses to expand in Wisconsin.

hile the ideas differ on how best to modify our tax system to stimulate Wisconsin’s economy, the WRA is actively researching and promoting new ideas to encourage homeownership and real estate investment in Wisconsin. To date, our research has discovered a number of different programs in other states that may be worth consideration in Wisconsin.

A Home Ownership Savings Account (HOSA) is a tax-free account that allows Wisconsin residents to deposit money into a savings account that grows tax-free over a certain period of time, for example, two years. In addition, during the year in which the home is purchased, income from the HOSA can be subtracted from the homeowner’s gross income when determining state taxable income. States like Georgia, Illinois and Oregon have adopted similar programs and have had success in promoting homeownership. With growing pressure by mortgage lenders for a higher down payment to purchase a home, the HOSA would help remove or lower one of the significant barriers to homeownership.

WIREALESTATEMAG • SEPTEMBER 2012

Lead abatement tax credit

A lead paint abatement credit is a state income tax credit for residential property owners to reduce or limit the potential for lead paint poisoning from their property. To claim the credit, the property must be inspected and the inspection must show that the property is contaminated with lead paint. After the lead paint is removed, the property would have to be re-inspected to ensure that the work had been completed. The tax credit could be capped at a certain amount, such as $2000, and a partial credit could be given for the removal of dangerous lead paint conditions that fall short of full compliance. Massachusetts and Rhode Island have similar programs.

Federalizing the tax treatment of real estate The federal tax code and Wisconsin’s tax code treat real estate differently in many respects. Generally, the federal tax code is more generous than Wisconsin’s tax code in the areas of mortgage interest deductions, depreciation and deduction of capital losses. Other states have tax

codes that are more consistent with the federal tax codes, which simplify the tax preparation process and create an additional tax incentive to own real estate in those states. For example, the maximum amount of a capital loss that may be deducted from Wisconsin income taxes each year is $500, while the federal limit is $3000. A capital loss could include losses in the sale of homes, commercial property and other types of real estate.

by Tom Larson

yourChoice Realty.net

Wisconsin tax ranking in total taxes and property taxes. WI ranks 11th in income taxes, 23rd in corporate taxes and 34th in general sales taxes. Source: U.S. Census Bureau for Fiscal Year 2009

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Restructuring of the property tax system

Tom Larson is Vice President of Legal and Public Affairs for the WRA.

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© 2012 PrimeLending, A PlainsCapital Company. Trade/service marks are the property of PlainsCapital Corporation, PlainsCapital Bank, or their respective affiliates and/or subsidiaries. Some products may not be available in all states. This is not a commitment to lend. Restrictions apply. All rights reserved. PrimeLending, A PlainsCapital Company (NMLS no: 13649) is a wholly-owned subsidiary of a state-chartered bank and is an exempt lender in WI.

WIREALESTATEMAG • SEPTEMBER 2012

While Wisconsin currently has a property tax freeze in place, the freeze is not considered to be a long-term solution to controlling or reducing property taxes in the state. Because Wisconsin schools and local government services are funded primarily through property taxes, any structural changes to our property system would require a careful balancing of our state’s core values, which include fiscal responsibility, housing affordability, good local services and a strong and effective public school system. Over the years, several ideas have been discussed, but state elected officials have yet to embrace any meaningful structural changes to our property tax system. Maybe the upcoming legislative session will be different. As discussions related to tax reforms will likely intensify during the upcoming months, the WRA will continue to perform research and promote ideas that will further encourage homeownership, economic development and the investment in real estate in Wisconsin. For more information on tax reform ideas, please contact Tom Larson (tlarson@wra.org) at 608-240-8254.

FOUR WAYS

TO COMPLETE YOUR REQUIRED CONTINUING EDUCATION

REAL ESTATE

CONTINUING EDUCATION ON-DEMAND

WISCONSIN’S #1 CHOICE FOR REAL ESTATE EDUCATION 2. LIVE If you enjoy classroom participation, the WRA’s live courses are just for you! The WRA hosts CE courses throughout the state at various dates and times taught by Wisconsin’s finest instructors. Schedule a class now! For a list of courses offered in your area, visit www.wra.org/LiveCE.

AS LOW AS

/COURSE

with member 6-pack pricing

The Wisconsin REALTORS® Association (WRA) is Wisconsin’s #1 choice for real estate education. With four convenient options, you can complete your 2011-2012 continuing education requirements with ease! Our Distance Learning On Demand gives you the autonomy to take courses on your schedule and at your own pace — anywhere and anytime.

1-800-279-1972

www.wra.org/ceondemand

1. ON DEMAND

3. BOOKLET / ONLINE EXAM

Six-Pack Discount The six-pack option allows you to take the four mandatory classes and two elective courses of your choice for only $126. ($21 per course)

The WRA’s comprehensive, easy-to-follow self-study booklets allow you to complete your CE at your own pace and on your own schedule. You can then take the corresponding exam online when you are ready. Courses 1, 2, 3 and 4 as well as Electives A, B, C and D are available in this handy format. $27/course/member www.wra.org/BookletCE

Four-Pack Discount Choose any combination of the mandatory and elective courses for only $92. ($23 per course) Individual Courses Choose any single course for the low price of $27/course. Commercial CE courses can be purchased individually as well. For complete details, visit

www.wra.org/ceondemand

4. DVD / ONLINE EXAM Complete CE in the comfort of your own home with the WRA’s DVD option. Watch the CE class on DVD, follow along with the outline, then take the corresponding exam online. All 20112012 CE courses are available through this program. $27/course/member www.wra.org/DVDCE

COMMERCIAL CE The WRA’s commercial-centric CE courses are designed specifically for those who practice in the commercial real estate world, available in classroom or On Demand. www.wra.org/Commercial

All pricing listed above is for Wisconsin REALTORS® Association members only. Non-member pricing is based on a different scale. 4- and 6-Pack pricing only available for On Demand. Commercial CE courses not offered in On Demand 4- and 6-Pack Options. Sold only as individual courses.

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C21.COM ©2012 Century 21 Real Estate LLC. All rights reserved. CENTURY 21® is a registered trademark owned by Century 21 Real Estate LLC. Equal housing opportunity. Each office is independently owned and operated. An equal opportunity company. ©2012 United States Soccer Federation Inc. All rights reserved.

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