President’s Message

Looking to lead

Your National Association of REALTORS® recently installed Charlie Oppler as its 2021 President. President Oppler is a great leader and is committed to the membership and our association. Kentucky's local associations have and are installing their new leaders across the state.

KYR Past-president Jeff Smith first met Joe Guy Hagan at a Lake Barkley KYR summer meeting. He described Joe Guy LESTER SANDERS PRESIDENT – KENTUCKY REALTORS as “a true professional and gentleman". "I never met a person that did not like him", he said. "Joe Guy was the type of person you would meet and want to emulate.” Always impeccably dressed and a consummate professional.

I was recently honored to install the MurrayCalloway County Board of Directors and the incoming president, Gale Sharp, and acknowledge the work of outgoing president Janette DeWitt. All of these members are leaders that have stepped up to make a difference during these unprecedented times.

What do great leaders have in common? What are the characteristics of great leaders that we admire? I find a wonderful example in one of Kentucky REALTORS®' past leaders. He was a "real estate great" that recently passed away, Joseph Guy Hagan. Many knew him as "Joe Guy". Others knew him as the man behind Century 21, Joe Guy Hagan. I'd like to talk about Joe Guy the leader.

Lisa Stephenson, CEO of Greater Louisville Association of REALTORS®, called him simply iconic. Seeing his name at an early age she knew of him as Century 21, Joe Guy Hagan. He was real estate. He was the brand when it came to real estate in Bardstown well before she met Joe Guy Hagan the man. He could even seem a bit mythical until you met him. He was a man that served his clients until he passed.

Judy Parks, president of GLAR, remembers meeting this caring leader. She describes him as “the perfect southern gentleman". At the age of nine or ten, she remembers meeting Joe Guy while visiting his Home-a-rama home with her parents who both worked in the industry. Judy said he never changed. Once Judy joined the business, she would occasionally run into him. Mr. Hagan always asked how she was doing and how her mom and dad were. Judy said, “It was never small talk, always with sincerity, and making you feel that he cared.”

Joe Guy gave his life to the industry. He was an NAR Director, Past-president of Kentucky REALTORS®, Past-president of Greater Louisville Association of REALTORS® (GLAR), KYR and GLAR REALTOR® of the Year, and a REALTOR® Emeritus.

Perhaps more importantly Joe Guy Hagan, the family patriarch, was a caring father, grandfather, and uncle. He was a loving husband to his wife, Merwyn, for 62 years! A calm visionary, he was an encourager until the end. He believed in lifting as he climbed, and he set an example for all our leaders that will follow.

We are living in a time when chaos seems to be a normal part of life. Though in-person meetings may be few and far between, and apparent opportunities to lead seem just as rare, I want to encourage you to find creative ways to make an impact in your circle of influence. We can take a lesson from our calm, caring, professional, iconic, visionary, dedicated, supportive, and encouraging leader, Joe Guy Hagan. Keep calm during tumultuous times. Set goals and work to achieve them. Discover ways to invest yourself in your business, your colleagues, your family, and your friends. Dedicate time to improving things in your community and volunteering. Understand that making a difference is what inspires others and creates a legacy. These are the things that make great leaders. Perhaps one day we will be remembered as fondly as Joe Guy Hagan if we just keep lifting as we climb!

HINDSIGHT

Does it seem like 2020 flew by in a flash or that it dragged on forever? Does it sometimes it seems like both? It’s hard to believe that it was 12 months ago when the first mention of the Coronavirus (COVID-19) appeared in the media. It was a blip on our radar and nobody really knew what it might mean for citizens of the United States or Kentucky. What a difference a year makes!

REALTORS® have adapted and changed, persevered and overcome, and there might even have been some bobbing and weaving! Through it all, your state association has been fighting for your real estate profession and continued to serve its membership, all while trying to figure out what might come next. Let’s take a quick look back at what happened this year.

The Beginning

It remains under debate exactly when and truly where the COVID-19 pandemic came onto U.S. soil. It infiltrated through travel into the states from overseas. What is not up for debate, however, is how quickly it became a reality for Americans. After a record period of economic expansion, February saw the beginning of stay-at-home orders and business closures across the nation. As states began to respond in their own way and with their own guidelines, the economy (consumer spending) took a massive hit.

It was the executive order on March 25th by Governor Beshear that deemed real estate (and Realtors®) an essential industry and that allowed us to continue to serve Kentucky homeowners. KYR CEO, Steve Stevens said that a letter sent to the governor earlier that month was instrumental in securing that. “We expressed to Governor Beshear just how essential Real Estate is to our citizens and the economy”, he said. “We conveyed that real estate transactions rely on an 'ecosystem' of allied services that are necessary to their completion. A failure to have the ability to deliver any of these services is to create a situation where someone might find themselves ‘technically homeless’ if they are unable to move from an existing home to a new residence.”

Some states were far more restrictive. In Pennsylvania, for example, Gov. Tom Wolf ordered non-life-sustaining businesses to shut down in mid-March. Real estate agents were barred from conducting in-person business at all. This meant that inspections, and in some cases, title insurance transfers, couldn’t take place either. Thankfully, REALTORS® in Kentucky we’re allowed to adapt and change the way we do business so that the citizens of the Commonwealth could do theirs.

Effect on the Housing Market

When the effects of the shutdowns and business limitations started becoming apparent, no one really knew what to expect from the housing market. After all, we have never been through anything like this before. Would it last months or years? Would economic recovery take months or years? Was a recession on the horizon? The questions were growing as were the reports of new infections. 2020 was a year like no other we had seen before.

It didn’t take long for the housing market to bounce back, however. Whether people had more time to think about relocation or downsizing (or upsizing), or whether people’s needs had changed because the workplace had changed so much, more and more buyers flooded the market. Potential sellers saw the upturn in demand as an opportunity, and REALTORS® were on standby ready to help. As you look at the sales numbers for 2020, you can see a very short-lived dip in activity during April and May. Sales dropped between 10% and 20% for those months. And then, just like that, the fire was lit. June sales roared back and the summer and fall numbers have been outperforming last year’s record figures.

With inventory numbers already low, available homes began to grow scarcer. Of course, this demand means inflated home prices which also broke records. Sales volume numbers since the summer have been up an average of over 20% each month. September 2020 saw sales volume up 34%!

“We are a REALTOR® family and KYR will continue to seek out ways to support our members in a challenging year.”

— Lester Sanders, KYR President

A New Normal

REALTORS® began to settle into a new routine of using personal protective equipment and keeping detailed lists of clients and meeting attendees to help with contact tracing if needed. In-person meetings gave way to virtual meetings and Zoom® became the newest vocabulary word in our vernacular. KYR began to rely on Zoom® to keep the association staff connected to each other and with the dedicated volunteer leaders on our board of directors and various committees. KYR President Lester Sanders created what he dubbed the ”Now and Next” Presidential Advisory Group. This PAG quickly determined that regular virtual town hall meetings should be conducted to convey essential information and offer support. “To date, we have conducted 18 town halls that dealt with topics ranging from COVID-19 real estate guidelines, to race relations in the industry, to how to handle stress and seek help if its needed”, he said. “We are a REALTOR® family and KYR will continue to seek out ways to support our members in a challenging year.”

County Clerk offices modified their operational hours and in-person services which slowed some aspects of the transaction down. A flurry of information came from KYR to help REALTORS® conduct business. Whether it was evictions, contract addendums, Paycheck Protection assistance, Open House Guidance, protocols for showings, or even unemployment filings, it could be (and still can be) found on the KYR website. It didn’t take long to see that with care, REALTORS® could persevere and, in some cases, weather the storm better than they thought they would.

Leading the Way

Make no mistake, the economic impact was real. There are many small businesses, and some large, that closed their doors for good. The effect on the economy and some individuals will be felt for a long time. The damage, however, was not as bad as it could have been thanks to a huge segment of the economy that persevered and did business during a very challenging time. Real estate and its ancillary services make up over 15% of the gross state product of Kentucky. There is no doubt that the housing market’s performance in the Bluegrass served to do some heavy lifting this year. REALTORS® deserve gratitude for that. President Lester Sanders' theme for 2020 was "Lifting As We Climb." Kentucky's REALTORS® did just that. After all, That's Who We R.

Do You Know Who You Are Calling?

Your phone marketing strategy could land you in legal trouble

By Jonathan Waclawski

As a real estate professional, you’re constantly looking to grow your business. While picking up the phone to call potential clients and solicit new business may seem outdated in today’s digitized world, the reality is that the telephone still plays an important role in marketing. In fact, using your phone to send text messages to potential clients is more common than ever. But also becoming more popular are class-action lawsuits alleging violations of the Telephone Consumer Protection Act.

The TCPA is a federal statute, premised on protecting residential and personal telephone numbers from telemarketing and autodialed calls. Two primary restrictions are at the heart of the law. The first prohibits telemarketing calls to numbers registered with the national Do Not Call Registry. The second requires a caller to obtain written consent before using an autodialer to send telemarketing text messages or calls, even when the number called is not on the DNC registry.

In the 17 months after the Federal Communications Commission’s July 2015 order clarifying TCPA rules, 3,121 lawsuits were filed, targeting U.S. businesses of all kinds, a 46 percent increase from the 17 months prior to the clarification. And aggressive plaintiffs’ attorneys are increasingly focused on real estate in class-action TCPA litigation. In April, a consumer sued a California brokerage alleging the brokerage violated the TCPA by making unsolicited autodialed calls to consumers without their consent, including to consumers registered on the Do Not Call list. These lawsuits can be expensive, as the TCPA provides for statutory damages ranging from $500 to $1,500 per violation. While plaintiffs more often target deep-pocketed brokerages, individual agents are not inherently protected.

HOW TO AVOID BEING SUED

Protect yourself by ensuring the numbers you text or call are not included on the DNC list. Adopt a written policy that includes these requirements:

• Check your call lists every 30 days against the Do Not

Call list (available at telemarketing.donotcall.gov). • Record consumer removal requests, and add removed numbers to an internal company do-not-call list. • Honor do-not-call requests promptly (no later than 30 days from date of request) and for a minimum of five years.

While many states have elected to use the national Do Not Call list as their statewide registry, 12 states maintain separate registries. Therefore, if you make telemarketing calls or send text messages in Colorado, Florida, Indiana, Louisiana, Massachusetts, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Texas, or Wyoming, make certain you are aware of any state-specific do-not-call restrictions, and scrub call lists against the state lists in addition to the national registry.

Next, before texting or calling people with marketing messages, get their written consent. Consent is best achieved through a written agreement that is signed by the consumer (an electronic signature is sufficient). The agreement should include the consumer’s phone number and state that the consumer authorizes you to place telemarketing calls to the consumer. It should also disclose that the consumer is not required to sign the agreement as a condition of purchasing any property, goods, or services.

Practically speaking, this consent can be incorporated into existing methods of acquiring potential client contact information, such as open house sign-in sheets. But you must let consumers revoke their consent and opt out of receiving future texts or calls.

Review your telemarketing text and call methods to ensure you’re in full compliance with the TCPA. It’s never too late to protect yourself and your business against the growing threat of costly litigation.

Jonathan Waclawski is political compliance counsel at NAR. You can reach him at jwaclawski@realtors.org.

RPAC Three-Peat!

President’s Cup recognizes the hard work state and local REALTOR® leaders and association staff perform to advance the REALTOR® Party. For the state Association to win the prestigious President’s Cup, 9 goals must be met or exceeded. These goals include Calls for Action participation, REALTOR® Party Mobile Alerts participation, RPAC participation, and RPAC fundraising goal. For the THRID year in a row, KYR has achieved the President’s Cup from NAR. Kentucky joined nineteen other state Associations in winning the President’s Cup for 2019.

Can you say four-peat?!

2019 Local Association President’s Cup Winners

Eastern Kentucky Association of REALTORS® Greater Louisville Association of REALTORS® Inc Henderson Audubon Board of REALTORS® Hopkinsville Christian County Board of REALTORS® Murray Calloway County Board of REALTORS® Inc Northern Kentucky Association of REALTORS® Old Kentucky Home Board of REALTORS® Owensboro Board of REALTORS® Paducah Board of REALTORS® Pennyrile Board of REALTORS® REALTOR® Association of Southern Kentucky Inc Somerset-Lake Cumberland Board of REALTORS® South Central Kentucky Association of REALTORS® Inc The Heart of Kentucky Association of REALTORS®

A special thank you goes to our RPAC Investors!

Kentucky REALTORS® is a member driven organization. Luckily, this association not only sees the value in investing in RPAC, but also the value of the American dream of homeownership and real property rights. We wanted to recognize those members that went above and beyond with their contributions to RPAC in 2019.

30644

The number to text the word REALTOR to 30644 to sign up for the REALTOR® Party Mobile Alerts. By signing up, REALTORS® have a way to stay connected directly from their cell phone or tablet. Get information on finding your polling locations, election and primary voting day reminders and participate in Calls for Action.

2019 RPAC Major Investors

PLATINUM R

Mike Inman*

Al Blevins*** Tony Clark*** David Earls* Charles Hinckley* Justin Landon* Ann McDonald** Guy Montgomery*** Charlie Murphy*** John Weikel***

GOLDEN R

CRYSTAL R

Greg Buchanan*

Ben Allen Nancy Allison Dennis Anderson Greg Back Rick Barker Joshua Barrett Michael Becker Thomas Black James Bramblett Lamont Breland Bonnie Byerly Daniel Carmack Linda Gibson Cecil Don Cecil Steve Cline* Angi Cline Sue Ann Collins Catherine Corbett* Anne Hart Cornett Jayne Cox Greg Crase Barbara Curtis Sallie Davidson Gary Denton Angel Denton Brad DeVries Lois Ann Disponett* Myrna Downing Paula Elder Helen Fardo Barbara Flannery Stephanie Gilezan Kristy Gooch Brenda Gooslin John Groft

Karen Gross Deni Hamilton Jeff Harrison Joseph Hayden Stephen Heartsill Daryl Hibbs Ashlie Hogan Mary Ann Hollon Kimberly Holtegel Ronald Hughes Todd Hyatt* Norman Jones Rhonda Karageorge Tanya Kaup Brenda Loyal Scott Lyons Amanda Marcum Bonnie Mays Rue Mc Farland Trey McCallie James McKee Jonah Mitchell Elizabeth Monarch Brenda Morgan Deborah Morgan Penny Morris Joy Murphy Becky Murphy Randy Newsome Kelley Nisbet Scott Panella Mike Parker* Dave Parks Judie Parks Janet Perkins

Rip Phillips Nita Phillips-Allen Rick Pulliam Charlene Rabold Arthur Reed Laura Rice Nancy Robertson Robin Roseberry Lester Sanders Kae Schennberg Kurt Schuler Jason Scolf Jim Sewell Mary Anne Simmons Joseph Simms James Simpson Tim Smith Mike Spicer Steve Stevens Jennifer Swendiman Carl Tackett*** Libbi Taylor Tom Thomas Michael Thomas James Tinsley Rusty Underwood John Vince Ken Warden Matt Weaver Millie Weaver Nelson Weaver Debbie Williams Danny Willis Janie Wilson Kathy Wolfe

STERLING R

2019 RPAC Hall of Fame Inductees

The Hall of Fame recognizes dedicated members who have made a significant commitment to RPAC over the years by investing an aggregate lifetime amount of $25,000 or more. Joining the Class of 2019 National Association of REALTORS® RPAC Hall of Fame is Mike Inman. Hall of Fame Induction Ceremony will occur during the May 2020 REALTORS® Legislative Meetings & Trade Expo, held in Washington, D.C. As a Hall of Fame member, a plaque bearing Mike’s name will be displayed on the rooftop of the NAR building in Washington, D.C.

$50K Level NAR RPAC Hall of Fame Achieved

Guy Montgomery is KYR’s newest $50,000 level RPAC Major Investor. Congratulations on joining an elite group of individuals that believe so strongly in RPAC and the REALTOR® Party. As we look back on the 50th anniversary celebration of RPAC in 2019, your commitment is appreciated more than ever before!

2019 President’s Circle Investors

Finally, we’d like to recognize our President’s Circle participants. The President’s Circle is a special group of REALTORS® who contribute directly to REALTOR®-friendly candidates at the federal level. The President’s Circle Program supports REALTOR® Champions—members of Congress who have made significant achievements in advancing the REALTOR® public policy agenda. The President’s Circle Program allows REALTORS® to contribute beyond RPAC dollars and increase the strength of the REALTOR® voice on Capitol Hill. Our President’s Circle Members are:

Al Blevins Tony Clark Steve Cline Lois Ann Disponett David Earls Charles Hinckley Mike Inman Guy Montgomery Charlie Murphy Paul Ogden Mike Parker Carl Tackett John Weikel

Jess and Carolyn Kinman Award – Rep. David Meade

The Jess Kinman Award is the highest legislative honor presented by Kentucky REALTORS®.

The award is named in honor of Jess Kinman, a former Kentucky REALTORS® president and REALTOR® of the Year, who passed away in 2007, and his wife Carolyn, who worked for many years at the Legislative Research Commission and General Assembly.

The Kinman Award is presented to a member of the General Assembly, whose involvement in the legislative and political arenas has left an indelible mark on all those who have known or worked with him or her.

This award recognizes REALTOR® Champions who go above and beyond the normal call of duty to support the American Dream of Homeownership.

In 2018, Mead was instrumental in authoring comprehensive legislation reorganizing much of the Public Protection Cabinet, working with KYR on modifications offered by our association. Additionally in 2019, he worked closely with Rep. Randy Bridges to get HB 436 – a bill that changed real estate licensing and renewal, reduced professional liability for licensees an put additional consumer protection in place – to get the bill across the finish line during last year’s legislative session. Most importantly, Speaker Meade has a 100% voting record with Kentucky REALTORS!