EALTOR® NEWS central pasco association of REALTORS®
VOL. 5 / ISSUE 4 APRIL 2014
An Association Created by Realtors® for Realtors® In the 21st CENTURY
PRESIDENT Toby Caroline Sun ‘N Fun Realty TobyParadise@aol.com PRESIDENT-ELECT Lynn Mooney SouthShore Homes & Properties Lynn@LynnMooney.com VICE PRESIDENT Dennis Derbes djderbes@bhhsfloridaproperties.com SECRETARY Deborah Farmer Starlight Realty Deb@StarLightRealtyTampa.com TREASURER Vicki Derbes vderbes@bhhsfloridaproperties.com
PAST PRESIDENT Ed Anderson Action 100 Realty Ed@Action100Realty.com DIRECTOR Gerald Collings SouthShore Homes & Properties GeraldCollingsRealtor@gmail.com DIRECTOR Pete Rundel Action 100 Realty Pete@Action100Realty.com DIRECTOR Monica Smith Homeward Real Estate MonicaeSmith1@gmail.com DIRECTOR David Chen Florida Capital Realty Dchen4649@yahoo.com DIRECTOR Dwight McDonald International Realty Plus – Tampa Bay EmailMyBroker@verizon.net
Click Here to SUBSCRIBE to the CPARealtor®News
Don’t Miss this Amazing Marketing Opportunity in the Tampa Bay Times! CPAR will be placing a 1/2 page (11 1/2” wide x 10 1/2” high), full color ad in the Tampa Bay Times (a $4,809 dollar value). This ad will be running in the Friday City Times, Friday Brandon Times, Friday North of Tampa, and the Saturday Hillsborough Classified edition. This ad will be reaching 289,000 Readers in YOUR market areas. This opportunity is FIRST COME, FIRST SERVE and will be limited to 12 inclusive ads. The size of these ads will be 2 1/4” wide x 2” high, and will be the perfect opportunity to expose a LARGE market to your “spotlighted” property and your company name. There will be a one time charge of $50.00 for the placement of your ad. The AD can include 100’ LAKEFRONT • ONE “high resolution” PHOTO • SHORT HEADLINE • MLS Number • ONE LINE Brief Description 3 BR 2 BA 1700 sf +/$189,900 • PROPERTY PRICE MLS# H2078943 • NAME & PHONE number Deborah Farmer 813-310-0444 • YOUR “high resolution” LOGO ALL PHOTOS and INFO MUST BE TURNED IN BY MAY 16, 2014 TAMPA BAY TIMES AD will run JUNE 6 & 7, 2014
For further information please contact: Deborah Farmer Deb@StarLightRealtyTampa.com VISIT US ONLINE AT CPARFL.com OFFICE ADDRESS: 27642 Cashford Circle, Suite 110, Wesley Chapel, FL 33544 • Phone: 813.406.6081 • Fax 813.712.2865 • Info@CPARfl.org
CALENDAR for 2014 JANUARY 01 New Year’s Day 07 C-ParTee 5:30 - 7:30 pm Prime Bar -Shops of Wiregrass 09 GMM Awards & New Year Celebration 11:30-1:30 pm Pebble Creek BOD Meeting 2:00 pm Pebble Creek 16 EDUCATION - Introduction to RPR Resources 10:30 am - Session 1 (Basic Registration: $5 - Includes Lunch, 1:00 pm - Session 2 - Basic Lunch 12:15 - 1:00 pm Pebble Creek 22-26 Florida Realtors Business Meetings Renaissance Orlando Resort FEBRUARY 06 GMM INSPECTIONS - Current Issues - 11:30-1:30 pm Pebble Creek BOD Meeting 2:00 pm Pebble Creek 13 EDUCATION - Contract & Title Updates for 2014 11:00 am - 1:30 pm Pebble Creek Open Q & A - Registration $5.00 includes Lunch 26 EDUCATION - How to Make More Money in 2014 11:00 am - 1:00 pm @ Copperstone Executive Suites (new location) 3632 Land O’ Lakes Blvd., Land O’ Lakes 34639 MARCH 04 CPAR-tee 5:30 - 7:30pm - Ciao Italian Restaurant - Shoppes at Wiregrass 09 Daylight Savings Time 13 GMM 11:30 am - 1:30 pm @ Copperstone Executive Suites (new location) 3632 Land O’ Lakes Blvd., Land O’ Lakes 34639 Dave Arnold with SWFWMD - Sinkholes, their causes and things that can indicate presence before extensive testing or actual presentation of issues. BOD Meeting 2:00 pm Copperstone 17 St Patrick’s Day 21-25 NAR AE Institute Baltimore, MD APRIL 10
GMM
21-23
MFR REcharge
MAY 06 06 08
MAY con’t 12-17 NAR Mid-Year Meetings Washington, DC 14 DEADLINE All Photos & Info for Tampa Bay Times AD 20 EDUCATION - MLS Matrix Training - My Florida Regional 9:00am to 4:30pm - Pebble Creek Golf & Country Club (Reservations Required - limited seating) 26 Memorial Day JUNE 7&8 12 15 JULY 04 08 10
Tampa Times Ad will Run GMM
11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club
Father’s Day
Independence Day CPAR-tee
5:30 - 7:30pm -Location to be determined
GMM
11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club
AUGUST 07 GMM 11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club 13-17 Florida Realtors’ Annual Convention and Expo Rosen Shingle SEPTEMBER 01 Labor Day 09 CPAR-tee 5:30 - 7:30pm -Location to be determined 11 GMM 11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club OCTOBER 09 GMM 11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club
11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club Mercedes Hale and Joe Flynn - Legal issues that agents need to be cautious about. BOD Meeting 2:00 pm @ Copperstone Executive Suites
NOVEMBER 04 CPAR-tee 5:30 - 7:30pm -Location to be determined 05-10 NAR Annual Convention & Expo - New Orleans 20 CPAR Annual Installation 27 Thanksgiving
EDUCATION - MLS Matrix Training - My Florida Regional 9:00am to 4:30pm - Pebble Creek Golf & Country Club (Reservations Required - limited seating)
DECEMBER 11 GMM 11:30 am - 1:30 pm @ Pebble Creek Golf & Country Club BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club 16 Hanukkah@Sunset 25 Christmas Day 31 New Year’s Eve
CPAR-tee
5:30 - 7:30pm -GrillSmith - Shoppes at Wiregrass, Wesley Chapel
GMM
11:00 am - 1:00 pm @ Pebble Creek Golf & Country Club Dewey Mitchell - Chairperson for the Pasco County Economic Development Council BOD Meeting 2:00 pm @ Pebble Creek Golf & Country Club
* GMM MEETING Cost: $15.00 Advance Reservations ~ $20.00 without Reservations
a word from the
PREZ
“May is a month that most of us look forward to because we know that the April showers brings May flowers – or so we have been told.”
ONE REALLY BIG ANNOUNCEMENT: Joan Eustis has decided to “RETIRE” after over 3 years of dedicated service as CPAR’s AE. Joan has been like family to a lot of us and we all leaned on Joan and her expertise as an AE to help us through about anything that we needed to have done, fixed, or questions answered. She is one of the first that we would see at the registration desk at the CPAR luncheons and other CPAR functions. She attended many of the state AE meetings in order to have the latest information concerning the AE’s position for Associations. She was a Mother Hen to a lot of us, but also knew how to get her point across when it came to members complying with the rules. Joan has worked hard for our Association over the past three years, but has decided it is time to spend more time with her family. Joan just recently redesigned the CPAR web site and it is fabulous. Joan has been instrumental in helping to build CPAR to where we are today. Joan – you will be missed! Good luck and we are all happy that you will be able to relax and enjoy life now that you have a lot of free time. Please stop by and see us when you are in the area. You are and always will be welcome. So, now that Joan has retired we needed to find a new AE. It is my privilege to announce and welcome Vanessa Frost who started her training with CPAR on Monday, April 14, 2014. Vanessa comes to us with great references and multiple skills in the areas that are needed in the AE position. Her skills range from, but not limited to, website maintenance, managing a staff of 30 editors, designers and writers, engineered and administered a budget of $122,000, event planning and travel arrangements, create company brochures, maintained multi data bases, writing weekly newsletters as well as skilled in Microsoft Office, Publisher and Adobe Acrobat. Vanessa has an Associate of Arts degree from Florida State University and a Bachelor of Arts in Communication/Journalism, Magna Cum Laude from Florida Atlantic University. Vanessa will be at the CPAR monthly meetings as well as other CPAR and AE functions. Welcome to CPAR Vanessa!
Toby Caroline
March 2014 Board of Directors Meeting
March 13, 2014 Board of Directors Meeting MOTION #1 - PASSED Motion to move INTO Executive Session MOTION #1 - PASSED Motion to move OUT OF Executive Session MOTION #1 - PASSED Motion to hire VANESSA FROST as CPAR AE effective Monday, April 14, 2014 MOTION #1 - PASSED Motion to PURCHASE TWO (2) $7500, THREE YEAR CDs from funds in the Money Market Fund at Bay Cities Bank Submitted by Secretary, Deborah Farmer
Click Here to SUBSCRIBE to the CPARealtor速News Ruth Peeples Account Executive cell 813-240-4277
APRIL 10th Meeting We had a nice turnout at Pebble Creek Golf & Country Club A double dose of how to protect ourselves from liability. Our own Business Partner, Joe Flynn from Landy Insurance gave us great information on how to protect ourselves as real estate agents and brokers from claims arising from sinkholes, and errors and omissions. • • • • • •
Everyone should have E & O coverage Everyone should know what their coverage entails and the details of coverage Brokers are bound to let Independent Contractors know if E & O Policy lapses Don’t act outside of your area of expertise and get involved in things you don’t know about Only use insurance companies rated at least “A” by AM Best It is best to use insurance companies that are licensed in the State of Florida.
CPAR Board attorney, Mercedes Hale gave us several examples of claims and cases and how to avoid getting as far as litigation in any claim process. • • • • • • • • •
The biggest issue in real estate litigation is disclosure. Disclosure is not required in all states like it is in Florida. Document everything even phone conversations. Use email to follow up on a conversation. Don’t fill out the Seller’s Disclosures for your client. Review the Disclosures for completion for your Buyer. Don’t practice law. You can explain things, but don’t hesitate to refer them to an attorney. Flood and Homeowners Insurance – don’t advise your client, give them three referrals. Regarding REO/Foreclosures, even though Banks don’t do disclosures, ask the bank for copies of any inspections that may have been conducted.
50/50 Drawing was won by Vicki Derbes Gift Card from Mason Title was won by Ron Raimondi Deborah Farmer Roving Reporter
Joe Flynn is with Herbert H. Landy Insurance Agency
Mercedes Hale with the Law Offices of Mercedes Gonzalez Hale, P. A.
Submitted by Secretary and Roving Reporter Deborah Farmer
CPAR-tee
MAY 6th
Join Us for an After Hours Social Mixer MAY 6, 2014 - 5:30pm -7:30pm GrillSmith Shoppes at Wiregrass 2001 Piazza Ave, Wesley Chapel Appetizers are provided by Sponsors Thanks to our BUSINESS PARTNER Sponsors Tampa Home Inspection - Bobb Courtman First National Bank of Pasco - Angela Miller Universal Land Title - Ruth Peeples Sun ‘n Fun Realty - Toby Caroline Security National Mortgage - Ray Williams Verizon - Debbie Edwards Rainbow International - Steve Dumas D&D Pressure Washing - Doug and Dina Ram Insurance - Randy Mabry Mason Title - Mary Turner MidFlorida Credit Union - Jodie Wilson
Lots Lots of of Prizes Prizes & & 50/50 50/50
MAY 6th & 20th, 2014 • 9:00am to 4:30pm Pebble Creek Golf Club 10550 Regents Park Drive, Tampa • 813-973-3870
DATES
MAY 6th SESSIONS 9:00 AM to 11:00 AM Transition to Matrix - Lecture Style
MAY 20th SESSIONS 9:00 AM to 11:00 AM Transition to Matrix - Lecture Style
11:30 AM to 12:30 PM Personalizing My Matrix - Hands-on Lab
11:30 AM to 2:30 PM Matrix Add & Edit -Lecture Style
1:30 PM to 2:30 PM Searching In Matrix - Hands-on Lab
1:30 PM to 12:30 PM Matrix Quick & Simple CMA - Lecture Style
3:00 PM to 4:30 PM Managing My Matrix - Hands-on Lab
3:30 PM to 4:30 PM Matrix Auto-Emails & Concierge - Hands-on Lab
Speaker: KATIE GLEBOFF, Manager Member Relations
RESERVE
TRANSITION to MATRIX
FREE MLS MATRIX TRAINING CLASSES
MAKE YOUR RESERVATIONS NOW!
Please Indicate which sessions you will be attending Open to ALL MFR Members
Interactive link EMAIL: Vanessa@cparfl.com or Interactive link website: MyFloridaRegional.com Interactive MAP CPAR REPRESENTATIVES TO MFRMLS COMMITTEES - 2014-2015 FACT Committee - Lynn Mooney Marketing Committee - Patsy Peterman Policy Committee - Dwight McDonald Technology Committee - Gerald Collings Association Executive - Vanessa Frost
Transition to Matrix (2 hours) This lecture course is for MFRMLS participants and subscribers using MLXchange and Fusion to learn about the new Matrix system, background, what it has to offer and how it will benefit them in their real estate business. Navigation and basic functionality such as searching, adding contacts, auto-notifications, Hotsheets, email/printing, and CMAs will be covered.
PERSONALIZING MY MATRIX LAB (1 hour) You will set up how your contact information is displayed within the different sections of Matrix including verifying your contact information, email signature, header and footer display on reports, and CMA cover sheet. You will also learn how to set up your Portal Greeting, manage the information and order of the agent information on the Portal Welcome page (information the customer will see), set up your Agent Web Page, and configure your custom grid displays. Customization of Hot Sheets and the Market Watch widget will also be included in this lab.
SEARCHING IN MATRIX LAB (1.5 hours) You will learn how to perform Quick, Detailed, and Speed Bar searches in Matrix. The Quick Search gives you basic default fields within each listing type. Detailed offers more options and allows you to add additional search fields. The Speed Bar uses specific key words and abbreviations to search for listings, open houses, agents, and offices in a single search field. You will also learn how to search by map and print and email search results.
MANAGING MY MATRIX LAB (1 hour) You will learn about accessing and adding contacts, how to manage your contacts in Matrix, and understand the Contact display. You will also learn where to find your saved searches from MLXchange/Fusion and how to update your saved searches.
AUTO-EMAILS & CONCIERGE NOTIFICATION LAB (1.5 hours) You will learn how to send a search to a contact by either using auto-notification email directly to the contact or Concierge Mode, which allows you to preview and approve properties before they are sent to your contact. You will also learn where to find and manage all of the emails you send from Matrix.
ADD & EDIT LAB (1 hour) You will learn the basic differences in where to find the fields and information needed to enter or update your listings, uploading photos, attaching documents, and where to find the products related to your listing, such as data entry forms, virtual tour information, Showing Time, etc. This lab does not replace the required Add & Edit Listings class for those adding and editing their own listings.
QUICK & SIMPLE CMA LAB (1 hour-no CE credit) Learn how to run a Quick CMA (one-line comparative market analysis) in Matrix as well as a brief overview of the full CMA feature in Matrix.
TRANSITION to MATRIX
FREE MLS MATRIX TRAINING Course Descriptions
TRANSITION to MATRIX
TO CPAR My Florida Regional MEMBERS – If you will clean up your Data Clutter in the current MLS version that you use, you will have a much smoother trasition to Matrix. Have you dealt with your Data Clutter Lately? Spring cleaning for your home, car and even your office often finds itself on a to-do list or two this time of the year, but have you cleaned up your data lately? With the impending launch of Matrix this summer, it’s an opportune time to update a few things like: • Contacts • Saved searches that are not useful to you anymore • Your Photo
• Your email address and/or Web page address
Your saved searches and contacts from MLXchange/Fusion will carry over to Matrix – SO START FRESH!
http:// Show me how to mfr.novosoluUPDATE MY tions.net/default. CONTACTS
Show me how to http://mfr. DELETE OLD novosolutions. SEARCHES Click Here net/default.
Click Here
AND...Don’t forget to BACK UP the contacts you want to keep by exporting your data!
Show me how to http://mfr.novosoBACK UP lutions.net/default. CONTACTS Click Here
Did you recently CHANGE your EMAIL ADDRESS, ad/or your WEB PAGE ADDRESS? Have your NOTIFIED your ASSOCIATION and made a checklist of items that will need to be updated like Business Cards, Web Pages, Templates for Marketing Materials, etc?
Business Partner
SPOTLIGHT
KIM MARTIN Hillsborough Title Recently I had the opportunity to work a closing with Kim Martin of Hillsborough Title. Kim was extremely attentive to the transaction so that all went “smooth as silk�. The closing took place at two of the locations of Hillsborough Title - North Hillsborough County as well as South Hillsborough County Both the Buyer and the Seller were pleased with the transaction. If you need title work, do not hesitate to contact Kim.
Kimberly Martin 813.750.1001
Lynn Mooney South Shore Home & Properties
NMLS#154698
For all your home financing needs, including reverse mortgages for purchase or refinance:
George Cooper, NMLS#367456 Homeowners Mortgage Enterprises 18315 US Highway 41 N, Lutz, FL 33549 813-803-4690, gcooper@homeownersmtg.com
M M M GMM G M G M M M M Thursday, MAY 8 • 11:30am 1:00pm GMM G M G M DO M M GMM G N PEBBLE CREEK Mulligan’s Irish Pub MIS ’TM GMM EVENT 10550 Regents Park Drive T M HISS M G M G ! M Tampa, FL 33647 G M M M GMM G GMM M M M G G M General Membership G M M M M GMM G M Meeting G M M M GMM G GMM M M M G MDiscussion of theG G development M M M M GMM of Pasco County with the G GMM Dewey Mitchell is a proud third M M M Chair of the Economic G generation real estate G M G professional and co-owner M M M Development Council. of Capstone Tropical Holdings, Inc. M M G M G M which is comprised of G There will be a Q&A after M Berkshire Hathaway HomeServices MM M G M M Florida Properties GroupG G the presentation M Prudential Commercial Real MM GMM G M M Estate FL, Capstone Title, G CapstoneInsurance, Capstone M M GMM G Home Warranty, Capstone Building M G M & Maintenance, Shelter Mortgage, M M M G LLC and Suncoast Office Solutions G M G He is a lifelong resident of Pasco M M M County and serves on the Pasco M M G M G M Economic Development Council G M M FOR RESERVATIONS, CLICK and is the PEDC Chair for 2014. M M G M G GM ON ONE OF THESE LINKS: Mitchell is the former Chairman of MM M M G M G M M the Tampa Bay Partnership G and served on their Transportation M M GM MPrepay at www.CPARFL.com G Task Committee, a charter officer M G M M or Email info@CPARfl.org and past President of the M GM Rotary Club of Seven Springs, G M G M which established the Odessa M M M Festival & Rodeo. He has served GMM G President of the West Pasco GMM as past M M Board of Realtors, the Pasco M G M G Mfor Lunch County Committee of 100, G M COST: $15. Advance Registration M and the West Pasco Chamber M G M G At The Door:G $20.00 MM of Commerce. M M M M G M G M G M M M GM G M G M M M M GM G GM
GMM
stay
INFORMED
DID YOU KNOW?
Health Care: Practitioners Not Employees New federal Affordable Care Act (ACA) regulations make clear that real estate sales associates are considered independent contractors and not employees, and thus not to be counted as employees under “Shared Responsibility for Employers” provisions of the health care law. Previous ACA regulations were silent on the status of real estate practitioners and NAR last year requested their status be explicitly deemed independent contractors.
Bill to extend Terrorism Risk Insurance Introduced The federal Terrorism Risk Insurance Act (TRIA) would be extended for seven years in a bill, S. 2244: Introduced by Sen. Charles Schumer, D-N.Y., that would also reduce the federal share of compensation for insured losses and make changes to the program’s mandatory recoupment amounts. Terrorism insurance is required for commercial real estate financing today, but the program faces expiration at the end of the year. House leaders say they support extension as well.
Field Guide Looks at Renewable Energy Credits Access and share an NAR Field Guide (link) of interests to your customers on obtaining tax credits for retrofitting a home with solar or other renewable energy features.
Court Revokes Brokerage License for Coupon Offer A New Jersey appellate court affirmed a ruling by the state real estate commission and administrative law judge to revoke a brokerage’s license for five years and levy a fine of $125,000 for a coupon offer that violated a now-defunct state law prohibiting commission rebates. The brokerage invited home buyers to present one of its coupons to builders in exchange for 1 percent of its commission, which the brokerage would ask the builder to apply as a reduction to the buyer’s closing costs. The appellate court rejected the brokerage’s argument that the coupons didn’t violate a state prohibition on commissions going to an unlicensed person, saying it was a transparent attempt to circumvent the law.
Salesperson Liable for Nondisclosure A federal district court in Kansas has found a real
Sellers built a home on the property and moved in.
estate salesperson liable for failing to disclose the
Over the years, Sellers received numerous notices
existence of a dam on a purchased property and a
from the City and the Kansas Department of Water
related agreement requiring buyers to maintain the dam. The seller’s agent had informed the buyer’s representative about the dam and an agreement
Resources informing them that they were failing to comply with their dam maintenance duties. While the letters threatened to take
with the city that the property
action against Sellers if they
owners maintain the dam, but the
did not come into
buyer’s agent failed to pass this
compliance, no such action
information along to the buyers.
was ever taken, and tree
The buyer’s agent and the
growth on the dam continued
brokerage were assessed $202,500
unhindered.
in damages, which is the amount estimated to repair and maintain
In 2008, Sellers retained
the dam.
Karen Gilliland
Read the full decision:
(“Sellers’ Representative”),
McGonigle v. Astle Realty, et al. A federal district court in Kansas has found a real estate salesperson (“Buyers’ Representative”) liable for failing to disclose to his clients (“Buyers”) the existence of a dam on the purchased property and a related agreement with the local government that required Buyers to maintain the dam. In 1981, Dan Rich and his family (“Sellers”) purchased land on which an earthen dam, built by the Soil Conservation Service in 1951, is located. At the time of purchase, Sellers entered into an agreement (“Agreement”) with the City of Hutchinson (“City”) that required Sellers to maintain the dam, including, at their own expense, removing tree growth from the dam. Under the Agreement, the duty to maintain the dam would be passed on to any future buyers of the property. The Agreement was recorded with the County Register of Deeds.
a real estate broker with Astle Realty, to list the property for sale. Sellers informed Sellers’ Representative of the dam, and told her about the Agreement, including the fact that it had been registered with the County. Sellers filled out a disclosure statement which failed to identify either the dam or the existence of the Agreement, and Sellers’ Representative listed the property on the MLS without disclosing the existence of the dam or the Agreement. Soon after the property was listed, Buyers expressed an interest in purchasing it and entered into an exclusive buyer agency agreement with Buyers’ Representative, a salesperson with Astle Realty. The buyer agency agreement required Buyers’ Representative to disclose all known adverse material facts to Buyers.
D E E N O T W KNO
Salesperson Liable con’t Prior to an offer being made, Buyers’
The court dismissed all claims against Sellers’
Representative and Sellers’ Representative met
Representative, holding that under Kansas law, a
to discuss the property. At this meeting, they
seller’s agent owes no duty to a buyer except to
discussed the existence of the dam, and Sellers’
disclose all adverse material facts actually known
Representative informed Buyers’ Representative
by the agent. In addition, a seller’s agent has no
of the Agreement and of Sellers’ ongoing
duty to conduct independent inspections of
obligations to maintain the dam.
property or to verify the accuracy or completeness
Buyers’ Representative never disclosed the existence of the dam or the Agreement to Buyers. Later that year, Buyers purchased the property. Soon thereafter, Buyers became aware of the Agreement and their duties, as owners of the land, to maintain the dam. (At trial, Buyers testified that they had been unaware of the very existence of
of any statements made by the seller. Sellers’ Representative’s only duty to Buyers was to “competently pass on what was known,” and the court held that by informing Buyers’ Representative of the dam and the maintenance duties imposed on Buyer by the Agreement, Sellers’ Representative had fulfilled such duties.
the dam until after the purchase, but the Court
However, the court did find that Buyers’
discredited this testimony as unbelievable.) Buyers
Representative and Astle Realty had breached the
also discovered that the work required to bring
exclusive buyer agency agreement entered into
the dam into compliance could cost them up to a
with Buyers. Because Sellers’ Representative had
million dollars.
informed Buyers’ Representative of the existence
Buyers sued Buyers’ Representative, Sellers’ Representative, and Astle Realty. Their claims against Sellers’ Representative included fraud by silence, negligent misrepresentation, and violations of the Kansas Consumer Protection Act. Their claim against Buyers’ Representative and Astle Realty was for breach of contract under the exclusive buyer’s agreement.
of the Agreement and the duties it imposed, and Buyers’ Representative had failed to pass along this information to his clients, he and Astle Realty breached their contractual obligation to disclose all adverse material facts known to them about the property. The court imposed damages of $202,500 against Buyers’ Representative and Astle Realty, finding that this award would suffice to cover the Buyers’ costs of tree removal.
McGonigle v. Astle Realty, et. al. No. 10-1273-MLB, 2013 WL 3819458 (D. Kan. July 22, 2013). [This is a citation to a Westlaw document. Westlaw is a subscription, online legal research service. If an official reporter citation should become available for this case, the citation will be updated to reflect this information].
CPAR is Proud to Honor our Business Partners
Partner Business
T SPOTLIGH ors®
tion of Rea.lt ia c o s s A o c s a lP ess Partners in s The Centra u B r u o s Salute
e Cindy Maxi 18 7 .4 5 813.20
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s Ruth Peeple 77 813.240.42
hi Brian Arrig 9 3 0 0 727.471.
per George Coo 45 67 3 NMLS# 0 10 .6 6 9 .9 813
n Joseph Flyn 2 x 142 2 4 .5 6 3 .3 0 80
e Tonte Fred & Lynn #HI141 FHI License 0 04 .2 3 7 813.9
Air.com Info@Ierna Member FDIC
as Steve Dum 2 67 .1 813.713 s Ray William 778 3 3 2 # LS M N 38 727.724.54
to honor our Business Partners by
llen Steve Wha James Ward HI393 # se n #HI4873 FHI Lice se n ce 6 Li I FH 813.948.417 59 813.770.84 thenberg Mitchell Ro #HI629 se n FHI Lice 50 813-632-05
CPAR was proud
er Angela Mill 255 NMLS# 423 6 352.521. 352
artin Kimberly M 01 0 .1 0 5 .7 813
ith Rhonda Sm 63 3 -9 2 4 9 72 7
Chris Black 7 813.782.177 le onzalez Ha Mercedes G ey rn o tt A 00 813.973.89
Mary Turner 0 813.264.611
ards Debbie Edw 65 4 .2 8 2 .9 813
rtman Bobb L. Cou HI4399 # se n FHI Lice 16 9 813. 909. 5
orough Scott Goldsb 24 NMLS# 3876 5 813.363.674
We appreciatert your suppo of CPAR!
purchasing a ¼ page full color ad in the Tampa Tribune (value $4,800) to feature logos and contact info for our Business Partners.
Check out the infographic below for the top 10 listing violations in 2013. Have you reviewed your listings lately for these common errors? Avoid fines by knowing the rules and click this link NEW FINE STRUCTURE — keep more money in your pocket! CLICK the NUMBERS below for an Active Link to the Information CLICK the Numbers (#) for an active LINK to the Information
Contrary to discussion that it does not do any good to report a violation that is within a listing. My Florida Regional does follow-up with the listing agent with a Notice of Compliance, if, in fact it is a listing violation. If the error is not corrected, that listing agent will receive a fine.
new member
WELCOME
MEMBERSHIP RECOGNITION
New Realtor® Members for the Month of April 2014 International Realty Plus - Tampa Bay
Linda Darwish People’s Choice Realty
Gerry Lagasca Keller Williams - New Tampa
Sonja Costner
“Inspecting the world, one home at a time!”
America’s Premier Inspection Service Experience our Service, Integrity and Professionalism
Call 813.973.2004
Fred Tonte
Owner/Inspector
Lynne Tonte
Owner/Marketing
or email: csi.npi@verizon.net
• Residential • Commercial • Insurance Inspections • 203k Consultants
www.npiweb.com/tonte
SPRiNG
A New Beginning CPAR loves our Realtor and Business Affiliate Members
Lou Molnar, Broker (813 484-5211 www.Lou-Molnar.com How Can We Help You? Wesley Chapel (813) 973-2240 Land O’Lakes (813) 996-4747
A NEW YEAR... A NEW DIRECTION... ATTENTION REAL ESTATE AGENTS & BROKERS
READY FOR A CHANGE? See What CPAR Offers You!
Join Central Pasco Association of REALTORS® (CPAR) Save Money and Get Fast, Friendly Service
ON ATTENTEIRS! BROK nts
ge for New A - Fast Start up costs rt a ew ey for st n o m ent) get n ss e L y appointm (b s n o ti - Orienta er work fast ues for agents to condary d se d n a ry a m - Low pri g brokers transferrin hoice… Board of C l ca o L s w EALNAR allo location, R ce ffi o f o al estate regardless the local re se o o h c y a ng . TORS® m ant to belo ich they w h w to rd bo a
CPAR offers many of the same benefits as other local real estate boards: - MFRMLS membership - Supra Lockbox (no need to transfer and no waiting to purchase lockboxes) - Active key, ekey (no waiting for key activation) - Professional Development Education that comes to you at convenient local areas - Discounts on license renewal education and CE credits - No late fees on membership dues if paid on or before December 30, 2013. - Office convenient to North Tampa, New Tampa, Wesley Chapel, Central and East Pasco Compare Association Dues
APPLICATION & Information
CLICK HERE
CALL: 813.406.6081 Central Pasco Association of REALTORS® OFFICE ADDRESS: 27642 Cashford Circle, Suite 110 Wesley Chapel, FL 33544
central pasco association of REALTORS®
Here’s a NEW OPPORTUNITY... FEATURE One of your Special Properties Feature an AD in our CPAR enews.Whether it is a Special New Property, or one that needs a little boost in traffic...and for an exceptional price. Get this (see sample below) 3.5” x 2” AD for a mere $30.00 for the month. AD must only include the following: • ONE “high resolution” PHOTO • SHORT HEADLINE • MLS Number • ONE LINE Brief Description • PROPERTY PRICE • NAME & PHONE number • YOUR “high resolution” LOGO YOU CAN PROVIDE YOUR OWN ART TO SIZE SPECIFIED, OR WE CAN DO THE ART FOR YOU.
Lake Padgett Estates 3 BR 2 BA 1536 sf $127,500 MLS# T2611601
For information contact: Deborah Farmer
Pete Rundel 813-802-8970
Deb@StarLightRealtyTampa.com
The Brightest and Best Making a Difference for You!
Debbie Edwards Agent Rewards Manager Marketing & Sales Support 610 Zack St. Tampa, FL 33602
Deborah Farmer PMN, ePRO
Broker/Owner • 813.310.0444
debbie.edwards@verizon.com
Phone 813.483.2210 Mobile 813.928.2465 Fax 813.225.4297
Business Partner
SPOTLIGHT The Central Pasco Association of Realtors速 Salutes our Business Partners.
Cindy Maxie 813.205.4718
ADT - Joe Hassani 813.704.0493
Ruth Peeples 813.240.4277
James Ward FHI License #HI4873 813.770.8459
Steve Whallen FHI License #HI393 813.948.4176
Brian Arrighi 727.471.0039
Mitchell Rothenberg FHI License #HI629 813-632-0550
George Cooper NMLS#36745 813.996.6100
Mary Turner 813.264.6110
Joseph Flynn 800.336.5422 x 142
Fred & Lynne Tonte FHI License #HI141 813.973.2004
Debbie Edwards 813.928.2465
Info@IernaAir.com Member FDIC
Steve Dumas 813.713.1672
Ray Williams NMLS#233778 727.724.5438
Chris Black 813.782.1777
Angela Miller NMLS# 423255 352.521.3526
Kimberly Martin 813.750.1001
Rhonda Smith 727-942-9363
Mercedes Gonzalez Hale Attorney 813.973.8900
Bobb L. Courtman FHI License #HI4399 813. 909.9516
Scott Goldsborough NMLS# 387624 813.363.6745
We appreciate your support of CPAR!
Market Report
! a H a H
The only honest art form is laughter, comedy. You can’t fake it... try to fake three laughs in an hour - ha ha ha ha ha - they’ll take you away, man. You can’t. Lenny Bruce
A frantic homeowner calls a plumber on Thanksgiving morning, “Please you have to help, I have 20 people coming over in an hour and when I try to turn the faucet on, it makes this horrible noise and the water just dribbles out.” The plumber says, “I can be right over but you realize I’ll have to charge you triple time because it’s a holiday.” The homeowner says, “Of course, I need you.” When the plumber arrives, he turns the faucet and it makes a horrible noise and the water just dribbles out. He turns the faucet off and bends down to look under the sink. He opens his tool box and grabs a large wrench. He hits the pipe really hard with the side of the wrench. He puts the wrench back in the tool box and tells the homeowner to turn the faucet on. It works perfectly. “Oh thank you! What do I owe you.” “That will be $600.” “What?! That’s highway robbery! All you did was hit the pipe with a wrench! How can you justify such a fee? It took you less than 5 minutes to do your job!” The plumber replies, “It might have only taken me to 5 minutes to hit the pipe but it took me 20 years to learn where to hit the pipe.”
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OPEN HOUSE
We would love to feature your agents and information.
• • • • • • • • • • • • • • • FOR • • • • • • • • • SALE FOR SALE
www.theinnovations.net
StarlightRealtyInc.com
Professional and experienced.
FOR SALE Deborah Farme r
813.310.0444 StarLightR ealtyInc.com
Freelance Freelance Graphic Design Services you can count on... Design and and deadlines will always be met. ANNOUNCING Production Services
Send to: Deborah Farmer, Editor Deb@StarLightRealtyTampa.com
ction tial Constru 1999 since Custom Residen & Repair Remodeling
Custom Residential ConstRuCtion
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CONTRACTING
SandyRae
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YOUR “New” TAMPA REAL ESTATE CONNECTION Those of you who know me and my reputation for being an accomplished Realtor and getting results for my clients, will be thrilled to know I am now “on my own” and prepared to deliver exceptional “first-class” service that is better than ever.
Putting the Pieces Together for You!
SandyRaeRealty.com POSTCARDsandy.indd 1
If you are looking to purchase or sell your property, please call me for a no-obligation discussion about your personal goals and experience the attention to the details and end results that my clients have come to appreciate.
ing is a Contract Top Dog residential full service company construction quality services providing Bay for Tampa ners. homeow designing From custom your dream and building and remodeling home, to are ance…we routine mainten g you d to providin dedicate best solution with the budget. needs and to fit your ing is a Contract Top Dog and l Design Universa t lace Specialis Age-In-P with the certified of Association National (NAHB). Home Builders
HALLMARK
ROGER SCHATZEL
state Certified Residential Contractor
email: Roger@topdogContracting.com Phone 813.833.0440 Fax 813.932.0411
AFTER
Property Management, LLC
• R E A L T Y •
12/30/10 10:11:48 AM
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BEFORE
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L ROGER SCHATZEContractor
Residential State Certified # CRC058414
opDogC email: Roger@T
Top Dog Contracting can provide a full range of home modifications from ramps and grab bars to whole house redesign to enable you to stay in your home as your needs and abilities change. We understand what it takes to accommodate your needs as you transition through life in the home you love. We also offer monthly/quarterly customized home maintenance agreements for: • Air filter replacement • A/C system services • Pressure washing • Painting inside & exterior • Window cleaning • Gutter cleaning • Minor repairs • Holiday decorating
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9/24/10 7:45:45 PM
Those CTION of you who know an accomplis me and hed will be my reputation thrilled Realtor and for prepared to know I am getting results now to deliver for my clients, exception “on my own” service al “first-class and that is If you are better ” than ever. call me looking to purchase goals and for a no-obligat or sell your property, experienc ion discussion e the attention please about that my your to clients have come the details and personal to appreciate end results sandyrae 7028 W. @verizon . Waters being
SandyR aeRealty. com
Putting the Piece Together s for You!
POSTCARDsa
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contact bev.ostrom@theinnovations.net
sandyrae@verizon.net 7028 W. Waters Ave. #260 * Tampa, FL 33634 813.343.8001 Office • 813.503.6362 Direct
ANNOUN
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ontractin
3.0440 Phone 813.832.0411 Fax 813.93
.net 813.343 Ave. #260 .8001 * Tampa, Office • 813.503 FL 33634 .6362 Direct
9/24/10
7:45:45
PM
ADVERTISE
in the Monthly CPAR eNewsletter • Ads are Full Color • 3 1/2”wide x 2” high • Your AD is also a Hyperlink to your Website • Issued in an eMagazine Form • Sent out Monthly • Distributed to ALL CPAR and WCR Members • All Artwork DUE by the 20th of the month
COST is ONLY $30 PER AD or $200 for 2014 CONTACT Deborah Farmer TODAY For Ad Placement Deb@StarLightRealtyTampa.com 813-310-0444
GET RESULTS!