285 Hustler 1
December 28, 2023
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December 28, 2023 ADVERTISEMENT
Some Thoughts About the Future of the MLS in Light of Commission Lawsuits
Sellers, buyers and real estate professionals are all contemplating the future of real estate following the blockbuster verdict (and pending litigation) against the National Association of Realtors and several highprofile real estate franchises, such as RE/MAX. The multi-billion-dollar verdict was in favor of home sellers who questioned why they should be required to compensate agents who represent the buyers of their properties. Shouldn’t buyers pay for their own representation? The verdict seemed to ignore one crucial fact — that the buyers’ agents are not compensated by the seller but by the seller’s agent who agreed to share his commission with any MLS member who procured and represented the buyer. It’s such a crucial aspect of selling real estate. What seller in his right mind would list his or her home with “little old me” if I couldn’t enlist the services of 25,000 other brokers by listing each home on a common database and offering to split my listing commission with them if they brought the buyer? I’ve written about this before. It’s called “cooperation and compensation.”
Each member of the multiple listing service (MLS) agrees to cooperate with every other member, and includes in his MLS listing the amount of his commission that he’s willing to give another member who produces the buyer. It’s a good deal for the buyer. Why hire me as your agent if I don’t have the opportunity to get paid for the listing you fall in love with? The litigants in the NAR lawsuit would like to see buyers sign an agreement to pay me a certain dollar amount if I get them to the closing table on a home they want to buy. Currently, brokers who bring a buyer can expect between 2 and 3 percent of the sale price as compensation. That comes from sharing a 4- to 6percent listing commission earned by the other agent for taking their home to market. It’s much easier to choose the best listing agent based on the services he or she will perform in getting one’s home seen in the best possible light by the greatest number of potential buyers, than it is to choose the best buyer’s agent who is going to do little more than initiate an MLS alert for active listings
which match the buyer’s search criteria, then providing physical access to the listings which that buyer wants to see. The graphic at the bottom of this page describes the multitude of services offered to sellers by Golden Real Estate. Although we provide equally important services to buyers, they are more intangible, such as negotiating for the best price, helping win bidding wars on competitive listings, negotiating inspection resolution, etc. It’s easy to show how well we marketed and sold listings; we can’t show how well we served buyers. The verdict won against NAR and the big brokerage companies may be a “blockbuster,” but it’s hard to envision much changing from how our Denver MLS does business, or how the Colorado Real Estate Commission might modify the seller and buyer listing agreements we’re required to use in our transactions. Let’s start with the state-mandated listing agreement for sellers. For as long as I’ve been a Realtor, it has contained a fields for entering the amount of commission charged by the listing agent and the amount of that commission the agent will offer to brokers who bring the buyer. There’s no pre-filled percentage or dollar amount, and we’re instructed by licensing law and Realtor ethics that there is no standard or customary number to enter in each of those fields. Meanwhile, the MLS has always allowed the listing agent to enter any per-
centage or dollar amount (even $1) as the amount of compensation he or she will offer to other MLS members. So no change is needed there. (Recently, however, the MLS has allowed us to enter $0 instead of $1 in that field.) Meanwhile, on the state-mandated buyer agency agreement, there have always been (as far back as I remember in my two decades of service) fields for entering the amount that the buyer will pay his agent (if anything), and whether he will seek compensation from the seller’s agent, and, failing that, whether or not the buyer will make up the difference of a specific amount of compensation to his or her agent. So, no changes are needed to that form. There may be some disruption in other markets, but not here. Even if sellers are told they don’t have to pay buyers’ agents for their work, I picture every seller wanting to pay their listing agent enough commission to allow the offer of compensation, because failing to do so runs the risk of getting fewer showings and offers.
I’m Now Publishing on Substack
Everything you read in this ad each week — and more — is published at http://RealEstateToday.Substack.com and comes to you automatically each Wednesday. I also write a political column you might like. You can find it at http://TalkingTurkey.Substack.com.
It’s ‘Bucket-List Time’ for Rita and Me
Jim Smith on Title Insurance:
Like any seasoned listing agent, I have my preferred title companies based on years of experience working with them. I have found the escrow officers of some firms more attentive and better at handling issues that may arise, so I definitely recommend one for my seller to use. I admit that I should remind them it’s their decision and point them to Garry’s website, but a choice based on it would be based solely on price. Then we could talk. Where I think agents go wrong is when they have an in-house title company and they get spiffed for “capturing” a seller for that title company and probably don’t suggest their client shop other companies.
Perhaps you, like me, have yearned to travel the world — the whole world. I remember seeing “Around the World in 80 Days” when it came out, and it made me want to go for it. Thanks to Golden Real Estate’s excellent broker associates, and thanks to modern internet and cellular connectivity, Rita and I are taking the plunge, so-to-speak, and will embark next week on a 122-day world cruise on the Viking Sky (above). We leave from Los Angeles on Jan. 6th and return from London on May 6th. I will not only continue to perform most of my real estate duties (except in-person tasks), including writing this column each week, I will
also publish a daily travelogue which you’re invited to receive by email. I’ll be receiving and responding to voicemail, only answering the phone when I’m ashore, where I can also return calls. I’ll continue to receive all the usual real estate information by email and have access to our MLS, so I will be sufficiently upto-date on the topics I like to write about in this space. Feel free to call or email me about selling or buying a home while I’m away, so I can refer you to the broker associate who I feel best suits you and your needs. I’ll be composing the ads for each listing. You can subscribe to my daily travelogue at http://WhereAreJimandRita.substack.com.
Jim Smith
Broker/Owner, 303-525-1851 Jim@GoldenRealEstate.com 1214 Washington Ave., Golden 80401 Broker Associates: JIM SWANSON, 303-929-2727 CHUCK BROWN, 303-885-7855 DAVID DLUGASCH, 303-908-4835 GREG KRAFT, 720-353-1922 AUSTIN POTTORFF, 970-281-9071 KATHY JONKE, 303-990-7428 “I cannot do all the good the world needs, but the world needs all the good I can do.” —Jana Stanfield
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December 28, 2023
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1/20 Cassie Taylor Former LB performer Otis Taylor’s daughter and band come to Evergreen for a special performance. 1/27 Bear Fuzz Jam Band If you like jam bands, don’t miss this Columbus OH based treat!
1/28 Arkansauce Genre hoping 4-piece bluegrass string band from North-West Arkansas
2/1 Crimson Rose Legendary east coast Dead cover band comes through Colorado 2/4 Alex Marley Grandson of the legendary Bob Marley. Alex makes his way to Colorado for a special show – Free meet & greet with Alex at 6pm. Show starts at 7pm 2/16 Rhett Haney Colorado native and award-winning old-school country music sensation
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285 Hustler 9
December 28, 2023
© 2016 King Features Synd., Inc.
Solution
TRIVIA 1. TELEVISION: How many noble houses are mentioned in “Game of Thrones”? 2. MOVIES: What is the name of the high school in the musical film “Grease”? 3. GEOGRAPHY: Which southeast Asian country’s monetary unit is the ringgit? 4. MUSIC: The song “Oh, What a Beautiful Mornin’” is from which musical? 5. U.S. PRESIDENTS: Who was the first president to be impeached? 6. ANATOMY: What is considered the “master gland” of the human body? 7. PHYSICS: What does a newton measure? 8. HISTORY: Which founding father wanted the turkey to be the national symbol of America rather than the eagle? 9. SCIENCE: What is studied in mycology?
10. U.S. STATES: What is Alaska’s state animal? Answers 1. Nine. 2. Rydell High School. 3. Malaysia. 4. “Oklahoma!” 5. Andrew Johnson, 1868. 6. Pituitary gland. 7. Force. 8. Benjamin Franklin. 9. Fungi. 10. The moose. (c) 2023 King Features Synd., Inc.
Crossword Solution
10 285 Hustler
December 28, 2023De
NOW HERE’S A TIP * You can use self-stick notes to organize your errands. Use a note for each location, with instructions or shopping lists on each. Then put the notes in order: e.g., drop kids off at Grandma’s, shoe store, hardware store, grocery store, home, etc. You will be less likely to forget a stop, and you can make the best use of your time and gas! * Two tips for sewing buttons: First, for pants buttons, use unwaxed dental floss. It’s incredibly strong and can take a lot of abuse. Second, slip a pin between the button and the fabric before sewing on. When you’re finished, remove the pin. The button has some room behind it, and it will last longer. * “This is a tip for us singletons. I love whipped topping on my hot chocolate, but it doesn’t always last in my fridge. I buy a tub of it, and spoon it into mug-size dollops on a cookie sheet lined with wax paper. When the sheet is full, I freeze them. They can be
1. Name the artist who had an ice cream flavor named after him. 2. Why was the “In the Navy” video filmed on a U.S. Navy ship? 3. Who released “Message in a Bottle”? 4. Name the Leo Sayer song that is based on his long conversation in a phone booth. 5. Name the soundtrack song that contains this lyric: “First there are kisses, Then there are sighs, And then,
FLASHBACK
before you know where you are, You’re sayin’ goodbye.” Answers 1. Ben & Jerry’s named one of their flavors Cherry Garcia after Jerry Garcia of the Grateful Dead in 1987. 2. The Village People were asked by the Navy for permission to use the song in a recruiting video. The answer was yes, as long as the group was included in the video. 3. The Police, in 1979. 4. “Orchard Road,” in 1983. Sayer was on the phone ask-
peeled off easily and slipped in a container or plastic bag. When I make my hot chocolate, I plop one in straight from the freezer. It takes only minutes to soften and melt. And it’s delicious!” -- F.D. in Michigan * “If you cut the entire top and one of the top corners off a cereal box, then tape the bottom closed, it’s almost the same as the magazine holders they sell in stores. I covered mine with fancy paper. I keep it in my kitchen for cooking magazines.” -- R.R. in Indiana * Gifts a school-age kid can make: Bookmarks! Cut strips of cardstock into bookmark lengths. Have your child decorate one side and write a nice message on the other. Laminate if possible. Great gift from your child. Send your tips to Now Here’s a Tip, 628 Virginia Drive, Orlando, FL 32803. (c) 2023 King Features Synd., Inc.
ing his wife’s forgiveness for a mistake he’d made. The song was recorded in one raw take. 5. “The Crying Game,” by Boy George in the 1992 film of the same name. The film, about the Troubles in Northern Ireland, took not only a BAFTA for Best British Film but Oscars for Best Picture, Best Director and more. (c) 2023 King Features Syndicate
December 28, 2023
285 Hustler 11
RECYCLE This Paper
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December 28, 2023De .com/Classifieds
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YEAR-ROUND POSITIONS AVAILABLE: * FREE SEASON PASS Atsome some Conifer-area Conifer-area schools, are feeding At schools,we we are feeding up to Eligible * DISCOUNTED LIFT TICKETS OR SEASON PASSES FOR FAMILY MEMBERS for full benefits, see for details WHAT THIS MEANS: WHAT THIS MEANS: FREE OR DISCOUNTED SKIING & RIDING AT job OVERposting 30 OTHER SKI AREAS up to 450 students per day! * (RESTRICTIONS MAY APPLY) 450 students per day! At some Conifer-area schools, feeding up to At some Conifer-area schools, we we areare feeding up to * FREE EMPLOYEE SHUTTLE FROM THE FRONT RANGE AND CLEAR CREEK COUNTY Lift Maintenance Manager * students day! 450450 students perper day! * ACCESS TO ACCIDENT INSURANCE, HOSPITAL CARE INSURANCE COME FEED JEFFCO KIDS inKIDS the CONIFER AREA! * PAID SICK LEAVE COME FEED JEFFCO END OF SEASON BONUS UPON COMPLETION OF WORK COMMITMENT * POTENTIAL WHAT’S IN IT FOR YOU? in the CONIFER AREA! starting pay COME FEED JEFFCO KIDS in the CONIFER AREA! FULL & PART TIME OME FEED JEFFCO KIDS in the CONIFER AREA! • Free Season Pass $18.40 -pay $26.50/hour starting pay POSITIONS AVAILABLE starting pay starting depending on position & experience
$18.40 - $26.50/hour $18.40 --$26.50/hour $18.40 $26.50/hour
depending on position & experience depending position &area* experience Jobson in your include: depending on position & experience
• Discounts at Loveland Ski Area, and more! * PARKING LOT ATTENDANTS SCHOOL * SKI & RIDE • Voluntary Accident, Hospital Indemnity, Critical Illness insurance. * LIFT OPERATIONS * RENTAL SHOP DRIVERS • Accrued Sick pay. * SHUTTLE * SPORT SHOP * YEAR-ROUND • Free/Discounted Lift Tickets or Season ROLES Passes for Family Members * FOOD & BEVERAGE • Free or Discounted skiing and riding atAT over 30 other ski areas APPLY TODAY
Kitchen Worker Jobs your area* include: Jobs in your area* include: Jobs inin your area* include: Substitute Kitchen Worker | Volunteers SKILOVELAND.COM/EMPLOYMENT Kitchen Worker Kitchen Worker *Year-Round and Seasonal Benefited position is eligible for Kitchen Worker (303) 571-5580 X140 full benefits package, see job posting for details. *positions available at Elk Creek Elementary, Marshdale Elementary, and surrounding schools Substitute Kitchen Worker | Volunteers Substitute Kitchen Worker | | Volunteers Substitute Kitchen Worker Volunteers (VEHICLE MAINTENANCE, LIFT MAINTENANCE)
21/22
Parent/Community Member Volunteers andElementary, Student Workers also accepted! *positions available Elk Creek Elementary, Marshdale and surrounding schools SEASON itions available at Elkat Creek Elementary, Marshdale Elementary, and surrounding schools
Loveland Ski Area is an equal opportunity employer. Qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, sexual orientation, gender identity, disability, protected veteran status or any other status protected by applicable law.
Check us out and APPLY TODAY at: *positions available at Elk Creek Elementary, Marshdale Elementary, This institution is an equal opportunity provider. Parent/Community Member Volunteers and Student Workers also accepted! SKILOVELAND.COM/EMPLOYMENT arent/Community Member Volunteers andschools Student Workers also accepted! and surrounding Parent/Community Member Volunteers and Student Workers also accepted! This institution is an equal opportunity provider. This institution is an equal opportunity provider. (303) 571-5580 X140 This institution is an equal opportunity provider.
Please support these amazing local businesses
Do you love being a part of your local community helping businesses grow? If you like to talk to people we want to talk to you!
We are currently hiring for a local Marketing Engagement Specialist in the Golden area!
Please send resume to eaddenbrooke@coloradocommunitymedia.com
285 Hustler 13
December 28, 2023
MARKETPLACE Misc. Notices
Miscellaneous
Miscellaneous
Miscellaneous
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Real Estate Services
Wanted to Buy XMAS DECOR
Looking to buy Xmas décor from the 1970’s and older. Happy to unpack closets, bins, boxes etc. Please call or text Lisa B. 720-838-4549
Dogs
Doodle Puppies
Golden Doodles and Bernedoodles Home-Raised Heath Tested and Guaranteed Standard and Mini Size available Schedule a visit today! (970)215-6860 www.puppylovedoodles.com
Wanted Donate Your Car to Veterans Today! Help and Support our Veterans. Fast - FREE pick up. 100% tax deductible. Call 1-800-245-0398
SERVICE DIRECTORY Buildings, Metal
METALBUILDING OUTLET CORP.
LOCAL BUILDINGS FOR 30+ YEARS! · SHOPS & GARAGES · EQUIPMENT STORAGE · SELF STORAGE · BARNS & AGRICULTURAL BUILDINGS · EQUESTRIAN FACILITIES · COMMERCIAL BUILDINGS · AND MORE...
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REAL ESTATE & RENTAL
Cleaning
Residential & Commercial • Real Estate Move In/Out Weekly, Bi-weekly, Monthly Cleaning 24/7 Cleaning Waxing & Polishing Floors
Please support these amazing local businesses
720-985-4648 Decks
MD’S DECK SERVICE DECK REPAIRS PRESSURE WASHING/STAINING 303-720-4132 mdconstructioncompany.com
14 285 Hustler
December 28, 2023De
SERVICE DIRECTORY Handyman
Home Improvement
A & H DRYWALL, LLC
HANDYMAN
Repairs Install Fixtures, Appliances Plumbing, Electrical Expert Tile Kitchen/ Bath Remodel Decks 35 yrs. experience Licensed, Insured References. Contact info: Wes 720-697-3290
Call for FREE Estimate 24/7 Any Drywall Needs... Hang • Tape • Texture • Painting Match any texture, remove popcorn Armando 720.448.3716 • Fully Insured
Green Mountain Painters
• Taking on interior carpentry work: flooring, doors, cabinets Also drywall repair, restoring bath tubs • 35% off Interior Painting
Home Improvement
Sheetrock & Drywall Framing Specialist EPA Certified Painter, Interior/Exterior Demolition • Insured 7+ Years Experience!
Excellent reviews, licensed & insured
• Remodeling • Electrical • Plumbing
Licensed & Bonded
720-985-4648
Bath Remodeling
Complete custom bathroom remodeling • Tub and tile replacement Tub to shower conversions • Prime Baths acrylic bath systems Remodel in as little as one day! • Authorized Dealer. Licensed, Insured. 303-495-5328 • www.mountaintopbath.com Propane Delivery
January
Fill-Up Special!
SOLAR SYSTEMS SOLAR SYSTEM 303-770-7663 303-647-3173
www.ValorRoofandSolar.com www.ValorRoofandSolar.com
Towing
Li mited Offe r Prices are su bject to chan ge
Available 24/7!
Text “globalpropane” to 22828 for email prices Roofing
Follow us on Facebook facebook.com/DJ-towing
• Towing and Recovery Professionals • Serving Evergreen and the Mountain Communities Main 303.674.0198 • Toll Free 800.664.3886 www.TowingEvergreenCO.com
29 years in business
A full service construction company
Daniel • 720.628.5383
Lifetime Warranties
Your Foothills & Littleton Area General Contractor
SD
Senior Discount
Tree Service
R & R Roofing & Siding, Inc.
Financing options available
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VO DISCO LUME UNTS ! 500+
Residential andand Commercial Residential Commer
$1.89 9 GLOBAL PROPANE Gallon Family Owned Business
•Window replacements •Patio covers and decks •Fencing & landscaping •Brick and stucco repairs •Concrete driveways and slabs •Residential & commercial maintenance
Solar
MOUNTAINTOP
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720-298-3496
GO HANDYMAN CONNECTION • Handyman Services
303-770-7663
or call Hugo Perez
• Roofing, Siding, • Professional Painting interior & exterior
VOTED BEST ROOFING COMPANY Complimentary Roof Inspections
For appointment contact:
®
Toll Free 866-552-6987 Cell: 646-825-1716
Local Company Veteran Owned Integrity Focused
perezpaintingcolorado@yahoo.com
Home Improvement Room Builders LLC. ©
Roofing
DANA ROE’S: firewoodtologging.com
• Inspections, Consultations • Gutter Systems • Custom Metal Fabrication • All Types of Roofing
All Phase Tree Services • Firewood: Pine, Aspen, Hardwood
303-838-8126
AG & State Programs • Licensed & Insured 43+ Yrs. Experience. 303-838-7377 By Dana Roe Ent., Inc.
www.RRRoofi ngandSiding.com
Trimming Chipping
Tree Climbing Tree Removal
Fire Mitigation Defensible Space
285 Hustler 15
December 28, 2023
SUPPORT LOCAL JOURNALISM
DON’T LET YOUR HOMETOWN NEWSPAPERS GO SILENT.
This year, even more than ever before, the news is in crisis. More than 17,000 news media jobs were cut just by June, at national and local outlets including at some of the biggest names like NPR, The Texas Tribune and Gannett. In fact, newsroom layoffs are up 20% from last year. Some of these outlets laid off more than 10% of their staff in the last few months — even as we head into a critical election year. These are devastating numbers. But all is not lost. Many local and independent newsrooms continue to launch across the country. With your contributions and subscriber memberships, small newsrooms like ours continue to grow, adding new journalists and expanding reporting and investigations. We’re committed to bringing the news to Coloradans. That’s because you deserve access to local, independent journalism that keeps you connected and informed — especially during challenging times. This is #newsCOneeds.
PLEASE SUPPORT LOCAL NEWS AND THE COMMUNITY CONNECTION WE PROVIDE. To contribute online: www.ColoradoCommunityMedia.com/give-to-CCM To contribute by phone: Please call 303-566-4100 • Monday-Friday 9am-4pm To contribute by mail please send your contribution to the following address:
Colorado Community Media, Attn: VC, 750 W. Hampden Ave., Ste. 225 Englewood, CO 80110
16 285 Hustler
December 28, 2023De