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Here’s How I See the NAR Settlement Affecting Buyers, Sellers and Their Agents
Two weeks ago I focused on how the media has covered the settlement between the National Association of Realtors (NAR) and sellers regarding the payment of buyer agent commissions. At the end of that article I directed readers to my blog to read my further thoughts about how the settlement would affect buyers, sellers and their agents.
Since not all readers visited that website (or it might have crashed), I’ll share those insights in this week’s column.
Estate Commission (CREC) will tweak the Exclusive Right to Sell (listing) contract to remove the offer of co-op compensation from Sec. 7.1.1. Instead of entering, for example, 5% to 6% as the commission, the contract will likely show 2.5% to 3% as the commission.
Note: This column was published last Thursday in the Denver Post but not in the weekly newspapers.
I’m convinced that sellers will still want to offer some amount of compensation to buyers’ agents as an incentive to show their homes. Because co-op commissions will no longer be published in the MLS, listing agents will come up with off-MLS ways of providing that information. Failing that, they should expect buyers’ agents to call them before an offer is submitted to find out what compensation, if any, can be inserted in the purchase contract.
Buyers’ agents who didn’t get their buyer to agree to pay them a commission can be expected to call listing agents about compensation before they even show the listing. If more than one agent asks the listing agent that question and then fails to set a showing, the listing agent might get his seller to offer a coop commission.
Note: Although co-op compensation will not appear on the MLS, listing agents (like Golden Real Estate’s) who create a website for each listing can mention co-op compensation there, and ads (like the one below) can include that information too, drawing buyers to show your listing over other listings.
Here are some practical changes that can be expected. First, the Colorado Real
If the seller agrees to the idea of incentivizing buyers’ agents, it could be expressed in a newly created section of the listing agreement or under Additional Provisions like this: “If a buyer’s agent requests compensation, Broker is authorized to offer x% commission to be paid by Seller at closing.”
Beware, however: Not offering the exact same commission to every inquiring agent could constitute a Fair Housing violation. It would be better to publish that amount, such as on a listing flyer and/or listing website.
I have always advocated for buyers to have professional representation, so I welcome the settlement’s requirement to have a signed buyer agency agreement before showing listings. This can be a 1day or 1-week agreement, to allow the buyer time to decide if he/she wants a formal exclusive relationship with that agent. However, buyers will likely be reluctant to sign anything just to see a home, so they will likely call listing agents instead.
When a listing agent shows his or her own listing, the buyer isn’t required to sign anything, although the listing agent is required to present the buyer with a “Brokerage Disclosure to Buyer” that he/ she represents the seller and that the buyer is a “customer.” (Buyer can decline to sign that disclosure.)
Are listing agents prepared for that onslaught? Listing agents who are used to putting a listing in the MLS and wait-
ing for other agents to sell it won’t like buyers asking for showings — especially once they aren’t able to get sellers to sign a 5% to 6% listing agreement.
The rules will disproportionately hurt buyers who can barely afford a downpayment, unless lenders allow a buyer commission to be included in the loan amount, and those buyers won’t be able to come up with thousands in cash to pay their agents. Those buyers will surely go to listing agents directly.
Meanwhile, listing agents are used to their paycheck doubling when they don’t have to share their 5 to 6 percent commission with a buyer’s agent. That’s going to go away unless listing agents convince their sellers to put a provision in their contract that if no commission is owed to a buyer’s agent, then the listing commission is increased by x%.
The CREC’s Exclusive Right to Buy contract has long had a section which says the buyer’s broker will request payment from the seller but, failing that, buyer agrees to pay a stated fee for representation. Here’s how those sections of the buyer agency contract read:
Buyers can be expected to resist almost any percentage, since they have never paid a commission in the past. Because of this, more buyers can be expected to call listing agents to see homes instead of hiring a buyer’s agent, although I’ll continue to advocate for buyers to hire an agent to represent them.
Justifying the listing commission will be an easier sell, but only if the listing agent offers the kind of value we do at Golden Real Estate. It will be a harder sell for listing agents who provide minimal value to their sellers.
Here’s a partial list of the value Golden Real Estate agents provide to our sellers:
A free staging consultation
Free use of our box truck, free moving boxes, and free packing materials, including bubble wrap
Magazine quality still photos, HD narrated video tour, and aerial photos and video
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These will become the default sections in the buyer agency contract. Agents working with a buyer will seek to insert 2.5% to 3% in their buyer agency agreement in case a seller doesn’t agree to that much (or any) compensation for the buyer’s agent. Percentages like that will be a hard sell, because the buyer would be on the hook for the difference between what the seller pays (if anything) and what’s in their buyer agency agreement.
real estate column in the Denver Post and 23 weekly newspapers
Discount on the listing commission when we don’t have to pay a buyer’s agent and/or when we earn a commission selling you a replacement home.
The NAR settlement still allows the MLS to include an offer of monetary concessions for buyers, such as paying for buyers’ closing costs, or paying for an interest rate buydown on buyer’s loan.
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Being polydactyl, Mittens really does have adorable fluffy mittens! She is a beautiful siamese-y Maine Coon kitty that purrs non stop! Check her out and all of our adoptables at imhs.org.
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Colorado Community Media is hiring an Operations Assistant to work with managers and staff to ensure tasks are completed as needed.
We believe that a creative, learning environment staffed with talented people who want to grow and utilize the newest and best tools will result in a dynamic and successful culture that has a positive impact on our clients’ businesses and our community.
Our brand is one of the most trusted in the communities we serve. We’ve built this reputation by providing award-winning news coverage and top-notch customer service, and by being engaged in our communities at all levels.
The ideal candidate will possess the following:
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• Perform administrative tasks i.e. updating reports, delivering items as needed and more.
• Excellent customer service and communication skills.
Join our team, working from our Englewood office and remote. This position offers competitive pay starting at $17.50/per hour and a comprehensive benefits package that includes medical, dental, vision. Life and paid holiday, vacation, sick and personal time.
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Interested applicants can submit a resume and cover letter with references to VP of Sales and Advertising Erin Addenbrooke at eaddenbrooke@coloradocommunitymedia.com
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LIFESTYLES
Myths And Facts About Your Fireplace
We really get into our work here!
Myth 1) We can’t have a new woodburning replace anymore because the EPA says so!
e Facts Are: Today’s high-e ciency wood replaces, stove and inserts are allowed in all local counties and jurisdictions because they burn remarkably clean in comparison to models from a generation ago. ese new replaces, stoves, and inserts burn so clean that you can even burn in Denver on a ‘Red Day’ and still be in compliance with all existing codes and standards. An extra bene t is that those models which have been independently tested to have a 75% or greater e ciency
is new woodstove heats their whole home, quali es for the tax credit, and most importantly- keeps the dogs warm!
FEATURE OF THE MONTH
rating, qualify for a 30% Federal Biomass Tax Credit of up to $2000 back!
Myth 2) - Gas replaces, stoves and inserts don’t work when the power is out.
Wrong again! e Facts Are: Although most modern direct-vent units use standard household current to operate the controls, they are also equipped with a simple
battery-backup system that allows for full function of the gas ow to the burner – your home can stay warm even if the power goes out. Usually, all it takes is some AA batteries. Not only can the pilot and main burner systems continue to function during a power failure, the most common types of remote-controlled thermostats will keep working, too.
Myth 3) - I don’t need to get my gas replace serviced. It doesn’t make any soot or ash.
April 11, 2024
Please see FIREPLACE MYTHS, Page 2 AN ADVERTISING SECTION OF COLORADO COMMUNITY MEDIA | VOL. 16 ISSUE 4 • APRIL 2024
From Page 1
e Facts Are: Gas replaces, stoves, and inserts still do need an annual service to clean the glass, logs, and internal components. Even though gas appliances visibly burn cleaner than wood, there are still byproducts from combustion of Natural Gas and Propane to be cleaned o the internal workings of the appliance. Our Chimney Safety Institute of America and National Fireplace Institute Certi ed Technicians will complete this cleaning; and we go above and beyond by also refreshing the burner media and performing a leak test. Your replace will be ready to use for the next year!
Myth 4) - I don’t need to clean my chimney, it was a warm winter and I hardly used it …
e Facts Are: During warm winters, people generally burn lower-temperature res. Unfortunately, this causes poor combustion and create more creosote build-up than they expect. Statistically, there are more chimney res a er a warm winter than a er cold winter. Additionally, if a chimney sweeping is skipped a er a warm winter, the creosote inside the chimney causes degradation of the ue system. Creosote is very acidic and corrodes the mortar joints in a masonry chimney and the metal in a stainless pipe. Skipping a sweeping is
Home is Where the Hearth Is
Enjoy every season in your home, gathered aound your new favorite re feature. Make memories with your family and friends in the cozy glow of ickering ames. Whether you want to burn wood or gas, your replace should be the centerpiece of your home. Call us today to talk about the replace of your dreams, including service and annual maintenance!
303-679-1601
www.mtnhp.como
ce@mtnhp.com
7001 Highway 73, Evergreen
LIFESTYLES | APRIL 2024 A C C M PAGE 2
see
,
7
Please
FIREPLACE MYTHS
Page
FIREPLACE MYTHS
e pets are always our most satis ed customers
M A C C M LIFESTYLES | APRIL 2024 PAGE 3
Ahh, Springtime!
e snow is melting, the trees are budding, the owers are blooming, and your chimney is leaking. If you notice any suspicious water stains, or hear dripping and can’t nd the source, protect your home and your investment, call us! Our technicians are certi ed by the Chimney Safety Institute of America and the National Fireplace Institute. ey have the experience and expertise to take on your leaky chimney problems and any other replace or chimney needs you have. We will perform a thorough Leaky Chimney Inspection to determine where the water is coming in, and how to stop it.
Take a look at your chimney. Do you see a chimney cap? at’s your rst line of defense against a leaky chimney, and if you don’t see one, call us right away! e structure around your ue may be watertight but if you’re missing your cap or you have a damaged or
improperly sized cap, it allows water straight into the home. Water intrusion from a missing cap can lead to problems that a ect not just your replace and chimney system but other parts of your home as well.
You should also see a galvanized steel chase cover, or concrete chimney crown at the top of your chimney system; depending on how your chimney is constructed. ese are also common weak points for water intrusion. Regardless of material, your chimney will degrade with time, UV rays from sunlight, hail damage, and the repeated freezing and thawing of a Colorado spring.
If you have a framed wooden box, called a “chase”, enclosing your venting system, you should have a proper chase cover, chimney cap, and storm collar. Over time, dents form and the chase cover sags on top, collecting water and rusting through. A new chase cover is
sloped from the center with drip edges designed to shed water away from the sides of the chase. If water runs down the sides of your chase, it can enter through gaps in the sides and where its ashed to the roo ine.
When you look up at your chimney and see intricate stonework, that sight may be accompanied by the thought that it will last forever, but that is simply not true. Masonry chimneys are susceptible to degradation just like any other material. is degradation happens faster than most people expect with the unpredictable winter and spring weather in Colorado. e freeze/thaw cycle is most destructive, that is why it’s so important to keep water owing o and away from your chimney.
Do you see a concrete slap at the top of your stone chimney? Is it 4-5” thick with a 2” overhang to direct water away? If not, you likely have water getting into
your home. We can pour a new crown for your chimney or apply Crown Coat to seal any cracks you may have in your chimney crown. We also have industry speci c materials and techniques, such as special ashing for sealing the uneven edge where rock chimneys meet the roo ine. Put our 25 years of chimney experience in the foothills to work for you!
If the one thing about spring that you are not enjoying is a mysterious water leak in your ceiling, we can help! We can also take on your other replace and chimney needs from sales and installation to annual service and repairs. Give Mountain Man Fireplace & Chimney a call today at (303) 679-1601. You can also reach us at O ce@MtnHP.com, or visit our website: www.MtnManChimney. com. You’re invited to visit our showroom at 7001 Highway 73 in Evergreen.
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RICH BARBELL FITNESS TRAINS ATHLETES TO IMPROVE THEIR STRENGTH, POWER, AND SPEED
By Jo Ann M. Colton Special to Lifestyles
Are you a middle school, high school, college, or weekend warrior athlete motivated to improve your game and sports performance? Regardless of the sports in which you compete, Rich Barbell Fitness can help you increase your strength, power, and speed to help you go the distance to score that winning point!
For more than 29 years, Rich Bell of Rich Barbell Fitness & Sports Conditioning located at 30746 Bryant Drive/Unit 403, Evergreen has trained over 400 multi-level athletes in various sports backgrounds. His strength/conditioning training programs continually incorporate new training techniques and methods determined by each person’s personalized assessment to ensure his clients’ fast results, better performance, increased stamina, and improved physical appearance.
said Rich Bell.
During the rst consultation with the young boys/girls and their parents, Rich learns of their previous athletic experience, novice (zero-to-one year) or intermediate (over one year). en he uses Strength Ratio Testing involving the Barbell Bench Press and Barbell Back Squat to test their upper/lower body strength, power, performance, and speed. Based upon results, he customizes his clients’ programs including training, supplements, nutrition options, and a workout schedule (i.e., a minimum of two days a week with Bell and one day in the gym on your own).
‘My goal has always been to improve the way athletes approach their strength/ conditioning goals by applying scientificallyproven techniques to enhance human performance on the playing field,’
Rich Bell Owner
Bell’s regime (jumping, hopping, skipping, li ing weights) also includes having a good time during the workouts. However, Rich Bell will tell you what it is, not what you want to hear. Consequently, his sessions (a minimum of 12-weeks) require drive and perseverance—and the rst 6-8 weeks are the hardest!
“My goal has always been to improve the way athletes approach their strength/ conditioning goals by applying scienti cally-proven techniques to enhance human performance on the playing eld,”
For training information, fees, more about Rich Bell, testimonials, and/or to set up your consultation, contact Rich Barbell Fitness
(http://richbarbell tness.com.
Maximizing strength for athletes from junior high through college to achieve peak off-season conditioning.
Individualized and goalbased regiments designed to reach peak levels in strength, power and endurance customized to each athlete and sport.
M A C C M LIFESTYLES | APRIL 2024 PAGE 5 KRISTIN LIFE STYLES Advertising Department Donna Reardon, 303-566-4114 dreardon@coloradocommunitymedia.com Ruth Daniels, 303-566-4113 rdaniels@coloradocommunitymedia.com American made boilers Locally owned & operated Serving Clear Creek & Jeffco since 1994 ALL YOUR HEATING & COOLING NEEDSIN ONE CALL 303-567-4233 denverheat.com H EATING C OOL ING Boiler Specialists Featuring www.Richbarbell tness.com richbarbell tness@gmail.com
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Richard Bell, BS, CSCS, is the former Director of Strength and Conditioning for Mullen High School and is currently working as a High School Strength and Conditioning Coach in the Evergreen area. Richard is a highly sought after coach for athletes ages 13 and older from Junior High School to the College ranks.
Promote Happiness With This Mother’s Day Gift Guide
(StatePoint) Sometimes, it’s the little things in life that can make one’s day. Use this Mother’s Day gi guide to promote happiness in your mom’s life:
Better Mornings
Co ee and tea have been scienti cally proven to boost happiness. But if your mom is like many moms out there, she may get so busy taking care of others she forgets to drink her beverage before it gets cold. What if she could enjoy her co ee or tea from the rst sip to the last at just the right temperature? Nextmug, a temperature-controlled, self-heating mug, stylishly maintains an individual’s beverage at their ideal temperature
-- 130, 140 or 150 degrees Fahrenheit -- for hours. e stainless-steel body of the mug has an elegant ceramic matte nish in a range of gorgeous colors like burgundy, dusty rose and pistachio. At 17 ounces, the ergonomically designed body and handle will t comfortably in her hands, making it a happiness-inducing sidekick for her days, whether they take place at home or in the workplace. And with no setting up an app, no passwords or rebooting and no security concerns it’s incredibly easy to use. To learn more, visit nextmug.com.
Endorphin Boost
Did you know that exercise is one
of the best ways to promote happiness? Not only can it be a major con dence booster, it releases endorphins that o er a post-workout bliss. However, many people new to exercise don’t know how to start working out or have questions about doing so safely. If your mom is one of those people, consider gi ing her a session with a personal trainer. In one session, the trainer can assess your mom’s current level of tness and o er her a sensible routine to do on her own. Or, if your mom is social or loves variety, consider getting her a tness membership to a service like ClassPass. is will allow her to take various types of tness classes so she can see what style
of workout she likes best.
Happy Faces on Rotation
Sometimes all one needs to smile is a reminder of a happy memory. Upgrade your mom’s photo display game with a digital frame so she can be treated to a slideshow of loved ones anytime she wants. With a model that connects to Wi-Fi, she can easily send photos to the frame through email or via online photo collections. As a thoughtful gesture, consider pre-loading it with some of her favorite family photos. is Mother’s Day, honor your mom with thoughtful and fun gi s that will promote her happiness.
LIFESTYLES | APRIL 2024 A C C M PAGE 6
FIREPLACE MYTHS
From Page 2
a one-two punch for not maintaining your woodburning system. is can be prevented with a full Sweeping and Level I Inspection from our Chimney Safety Institute of America Certi ed Technicians, who will clean the entire system from the rebox, damper, full length of ue, and clean the cap; all while inspecting for potential problems.
Myth 5) - I don’t have a replace there now, so I can’t have a new one! Whether you have a dra y addition or chilly sitting room, or want a strong source of heat in your lower level, or just the ambiance of a replace in your gathering space – e Facts Are: a hearth appliance can be added anywhere! e best way to get this done is to contact your local specialty hearth retailer (us!) and we can provide you with a plan and package to achieve your replace heating goals. We will ensure that your budget, design style, and timeline are all met and you have the nished replace of
your dreams. On top of that, you will know that your new hearth appliance is safe because it was installed by National Fireplace Institute Certi ed professionals, and by a fully insured company. Lastly, we are here for the life of your appliance and can provide you with the annual service that you now know is so important! We will do it all and provide you with the complete package: sales, installation, service, and warranty.
Myth 6) - You’ll get more heat out of your stove or insert if you burn the wood slower.
e Facts Are: Just the opposite is true. ‘Banking’ the re to achieve a longer burn time dramatically reduces the amount of heat being produced.
E cient burning of cordwood in modern EPA-2020 Certi ed replaces, stoves and inserts requires relatively high rebox temperatures. e high temperatures and catalytic or non-catalytic combustion chambers create a re-burning e ect that draws energy out of the smoke/exhaust instead of allowing it to create more creosote. If you restrict the air ow into the rebox, your e ciency can go as low
as 15-20% instead of staying around 70% for normal burning. Put another way, a 20-lb load of wood can either produce approximately 120,000 BTUs (high e cient burning) it can produce 36,000 BTUs (slow burning) – the choice is yours!
Myth 7) - e cost of installing a new stove or insert outweighs the bene ts.
e Facts Are: e installation of a new hearth appliance can substantially reduce your energy costs and also create a more enjoyable living environment in your home. What used to be a seldom-used “cold” part of your home, is now warm and inviting. Utilizing the Zone-Heating concept can cut the amount of heat your home requires by hundreds of dollars per year. Not only will you save money, but you’ll be warmer in the rooms where you actually live.
Myth 8) - Water can’t be leaking into my home because my chimney is made of stone.
e Facts Are: Most stonework starts to leak within 12-15 years of being constructed. Small cracks grow in size as moisture is absorbed into the mortar.
e cracks grow over the years as the moisture freezes and thaws during the spring and fall as the temperatures uctuate from day to night. As the cracks grow, even more water gets in and speeds up the process. A er enough time, and freeze-thaw cycles, the mortar may fall out in chunks, and even more water gets in. As the water runs along the ra ers and framing of the home, the location of the leak may be a signi cant distance from the source, but your chimney should always be a suspect when leaks are evident. Don’t call a roofer for a suspicious leak! Call us- your local, certi ed, chimney professionals!
If you are looking to upgrade the look and e ciency of your replace, visit our Showroom and service center in Marshdale at 7001 Highway 73, or online at www.mtnhp.com . If you’re experiencing performance problems with your replace, stove or insert, or just want to have a trained professional complete an Operational Assessment or one of three levels of Inspection, call us today at 303679-1601 or email o ce@MtnHP.com
M A C C M LIFESTYLES | APRIL 2024 PAGE 7
Our NFI Certi ed techs installed a high-e ciency gas replace insert into this outdated and ine cient woodburning replace
photo
A replace replacement project that looks original to the home, but with way more heating power
April LIFESTYLES | APRIL 2024 A C C M PAGE 8 TREATED LUMBER • COMPOSITE DECKING • TIMBERS • HARDWARE & MORE FREE Delivery in the Foothills Area restrictions apply call for more details Framing • Cedar • Redwood • Timbers Glulams • Microlams Lvl • Plywood Mouldings • Siding, Roofing & Much More Call : 303.670.7269 Fax : 303.670.4491 Decking Supplies, Building Material & Lumber CONTRACTORS • DO IT YOURSELF • HOME BUILDERS www.diversifiedlp.com 1232 Bergen Parkway, Suite 101 Evergreen, CO 80439 Family Owned Lumber Yard DIVERSIFIED LUMBER PRODUCTS Let us help you plan your next project! We Offer Special Contractors Prices Only 5 Minutes from I-70 in Bergen Park
285 Hustler 9 April 11, 2024 Crossword Solution Solution © 2016 King Features Synd., Inc. NEVER WILL I EVER... BY MARC VARGAS • ZAZ@CAMPVARGAS.COM
TRIVIA
1. GEOGRAPHY: e island of Ibiza belongs with which European country?
2. ANIMAL KINGDOM: What is a group of amingos called?
3. MOVIES: What is the name of the island terrorized by a shark in “Jaws”?
4. U.S. STATES: Which state capital has the highest elevation in the United States?
5. ANATOMY: Where is the corpus collosum located?
6. LITERATURE: Who wrote the children’s book “Where the Wild ings Are”?
7. TELEVISION: Which 1970s TV show had a spino hit with “Laverne & Shirley”?
8. MATH: How many sides does a dodecagon have?
9. ASTRONOMY: Which one of the planets in our solar system has the Great Red Spot?
10. U.S. PRESIDENTS: Which president ended the military draft?
Answers
1. Spain.
2. A amboyance.
3. Amity Island.
4. Santa Fe, New Mexico.
5. In the brain. It connects the two hemispheres of the brain.
6. Maurice Sendak.
7. “Happy Days.”
8. 12.
9. Jupiter.
10. Richard Nixon.
(c) 2024 King Features Synd., Inc.
FLASHBACK
1. Name the non-Beatle musician credited on “Get Back.”
2. Which group released “Long Lonely Nights”?
3. Name the Vikki Carr worldwide hit that was a translation from the original French version.
4. Which group was the rst to release “Walk Away Renee”?
5. Name the song that contains this lyric: “I stood on this corner, waiting for you to come along, So my heart could feel satis ed.”
Answers
1. Billy Preston, in 1969. e citation reads “ e Beatles with Billy Preston.” Preston also appeared in the “Sgt. Pepper’s Lonely Hearts Club Band” lm in 1978.
2. Lee Andrews and the Hearts, in 1957. It was later covered by Clyde McPhatter, also in 1957.
3. “It Must Be Him,” in 1967. e original was “Seul sur Son √âtoile,” which translates to “Alone on His Star.” A dozen artists around the globe covered the song, with
translations into several languages, including German and Lebanese.
4. e Left Banke, in 1966. e Four Tops followed with a cover in 1967.
5. “What’s Your Name,” by Don and Juan, in 1961. e song was used in the documentary “It Came from Hollywood” in 1982 and in the lm “Siam” in 1998.
(c) 2024 King Features Syndicate
April April 11, 2024 10 285 Hustler
April 11, 2024 285 Hustler 11
This Paper
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