285 Hustler December 28, 2023

285 Hustler 1

December 28, 2023

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285 Hustler 3

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

4 285 Hustler

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December 28, 2023

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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

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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

INJURED IN AN ACCIDENT? Don’t Accept the insurance company’s first offer. Many injured parties are entitled to major cash settlements.

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BATH & SHOWER UPDATES in as little as ONE DAY! Affordable prices - No payments for 18 months! Lifetime warranty & professional installs. Senior & Military Discounts available.

Call: 855-761-1725

DIRECTV Stream - Carries the most local MLB Games!

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Some restrictions apply. Call IVS 1-866-859-0405

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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!

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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

Two Pines Construction All Phases of Construction • No Job too Big or too Small Call Ken – 303.718.6115

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