Salt Lake Realtor – March 2016

Salt Lake

REALTOR

速

Maga zine

slrealtors.com

March 2016

Best of 2015 Awards p. 14 Drones and Real Estate p. 30 Procuring Cause: Who Gets Paid? p. 44

THE MAGIC OF CITY CREEK LIVING FOR THEM. A N A P P L E i PA D P R O F O R YO U. Internationally acclaimed for its extraordinary design, the magic of City Creek living can’t be matched. Owners enjoy the best of city and mountain living with doorstep access to fine dining, world-class shopping, arts and entertainment. And with TRAX connecting to the airport, travel is as easy as lock-and-leave.

Thanks to our Realtor® colleagues, buyers are making City Creek their home.

To show our appreciation, Realtors® whose clients go under contract between January 1, 2016 and April 30, 2016 will receive a 32GB iPad Pro* upon closing. *Awarded in the form of an Apple gift card.

Schedule an appointment at 801.240.8600 to tour City Creek designer model homes.

Hours: Mon-Fri 10 a.m. to 6 p.m. Saturdays & evenings by appointment.

City Creek Living pays 3% BAC | www.CityCreekLiving.com

WINDERMERE REAL ESTATE IS PROUD TO SAY

CONGRATULATIONS! TO OUR BEST OF 2015 WINNERS

LISA JUNGEMANN Distinguished Service Recipient

LORI HENDRY & LISA WOODBURY Platinum Hall of Fame Small Sales Team of the Year Finalists

JONAH HORNSBY Platinum Hall of Fame Commercial REALTOR ® of the Year Finalist

CATHERINE SNEYD

SCOTT STEADMAN

LANA AMES

Platinum Hall of Fame

Platinum Hall of Fame

Gold Hall of Fame

DARLENE DIPO

SHIRLEY JACOBSEN

MARVIN JENSEN

Gold Hall of Fame

Gold Hall of Fame

Gold Hall of Fame

SUGAR HOUSE | UNION PARK

PARK CITY | COALVILLE

Helping clients find a home for life.

Table of Contents

p. 24

Features 14 Best of 2015 Realtor® Awards 22 Best of 2015 Realtor® Awards Luncheon

24 Help Clients Find a Home for Life Debbie Swanson

30 Drones and Real Estate – Everything You Need to Know

36 Before You Use a Drone Read This Tyler Pack

40 Are Your Agents Ready to Sell Smart Homes?

Melissa Dittmann Tracey 42 Affiliates Making the Difference Dave Anderton

44 Procuring Cause: Who Gets Paid?

Howard Goldson

Columns 7 Forecast Breakfast and Property Rights … and then some!

Cheryl Acker – President’s Message

Departments 8 Happenings 8 In the News 50 Housing Watch 52 Realtor® Connections 52 On the Move

On the Cover: Photo: © iStockphoto.com/deimagine Photo left: Image licensed by Ingram Image

This Magazine is Self-Supporting Salt Lake Realtor® Magazine is self-supporting.

The advertisers in this magazine pay for all production and distribution costs. Help support this magazine by advertising. For advertising rates, please contact Mills Publishing at 801.467.9419.

The paper used in Salt Lake Realtor® Magazine comes from trees in managed timberlands.

These trees are planted and grown specifically to make paper and do not come from parks or wilderness areas. In addition, a portion of this magazine is printed from recycled paper.

Salt Lake

REALTOR slrealtors.com

®

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March 2016 volume 76 number 3 The Salt Lake REALTOR® (ISSN 2153 2141) is published monthly by Mills Publishing, located at 772 E. 3300 South, Suite 200 Salt Lake City, Utah 84106. Periodicals Postage Paid at Salt Lake City, UT. POSTMASTER: Send address changes to: The Salt Lake REALTOR,® 772 E. 3300 South, Suite 200 Salt Lake City, Utah 84106-4618.

Good Luck.

See it at snmc.com/luck

Don’t Just Cross Your Fingers This Spring.

Take action to make this your best season ever. Our new ebook has all the advantages we offer real estate professionals from exclusive marketing systems to coaching, and more. We’d rather be good than lucky.

Turning Houses into Homes.™

SNMC.COM NASDAQ: SNFCA

844.542.LOAN (5626)

NMLS# 3116

Salt Lake

REALTOR

® ®

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President Cheryl Acker Realtypath

Directors

First Vice President Troy Peterson Equity Real Estate Second Vice President Adam Kirkham Summit Sotheby’s International Treasurer Jared Booth CBC Intermountain Past President Dave Robison goBE Realty CEO Curtis A. Bullock

M. Brock Andersen Berkshire Hathaway J. Scott Colemere Colemere Realty Associates Kimberly Farber-Bowen Equity Real Estate Kevin Larsen Coldwell Banker Residential Mike Morgan Realtypath Jodie Osofsky Select Group Realty Steve A. Perry Realtypath Scott Robbins Coldwell Banker Residential Michael Rowe Berkshire Hathaway Randal Smith Equity Real Estate Matthew Ulrich Ulrich Realtors®

Advertising information may be obtained by calling (801) 467-9419 or by visiting www.millspub.com

Managing Editor Dave Anderton Publisher Mills Publishing, Inc. www.millspub.com President Dan Miller Art Director Jackie Medina Graphic Design Leslie Hanna Ken Magleby Patrick Witmer

Office Administrator Cynthia Bell Snow Office Assistant Jessica Snow

Sales Staff Paula Bell Karen Malan Paul Nicholas Salt Lake Board: (801) 542-8840 e-mail: dave@saltlakeboard.com Web Site: www.slrealtors.com The Salt Lake Board of REALTORS® is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support the affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

The Salt Lake REALTOR® is the monthly magazine of the Salt Lake Board of REALTORS®. Opinions expressed by writers and persons quoted in articles are their own and do not necessarily reflect positions of the Salt Lake Board of REALTORS®.

Permission will be granted in most cases, upon written request, to reprint or reproduce articles and photographs in this issue, provided proper credit is given to The Salt Lake REALTOR®, as well as to any writers and photographers whose names appear with the articles and photographs.

While unsolicited original manuscripts and photographs related to the real estate profession are welcome, no payment is made for their use in the publication.

Views and opinions expressed in the editorial and advertising content of the The Salt Lake REALTOR® are not necessarily endorsed by the Salt Lake Board of REALTORS®. However, advertisers do make publication of this magazine possible, so consideration of products and services listed is greatly appreciated.

OFFICIAL PUBLICATION OF THE SALT LAKE BOARD OF REALTORS ® REALTOR® is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS®.

October 2005

Forecast Breakfast and Property Rights . . . and then some!

O

n Feb. 5th, we held our annual Forecast breakfast.

We were privileged to hear from James Wood and Natalie Gochnour, both of the Kem C. Gardner Policy Institute at the University of Utah.

Gochnour said, “Utah is being termed, the ‘Wall Street of the West.’ We are the fastest growing state with the best economy in the world, and in 2015, Utah finished with the top performing economy in the country. Utah’s job rate is robust and created over 43,000 jobs last year and that’s a big deal!”

Utah has an economy which is on the move, a state that plans for the future, and investing in the future and is helping us to stay strong. We have exceptional market fundamentals, strong job growth, improving income and wages, solid demographic growth, and favorable mortgage rates. Utah’s strong points are: a growing population, crossroads of the West with all the benefits of location, a business minded state and relatively low cost of living.

You can view the entire forecast breakfast at http://slrealtors.com/ portfolio/2016housingforecast/.

So with the positive news about Utah’s economy, let’s not forget the Utah Legislature is now in session. Whether you like it or not, our ability to make a living is affected by decisions made by government officials. Every year, there are hours and hours spent reading the proposed bills to see how they will effect homeownership and private property rights, or increased legal liabilities as Realtors®.

Imagine a world where you would need to get a city business license for every city that you sell property in, or anyone with a wood burning stove being forced to replace it with a clean-air model (even if you never use the wood burning stove) or every existing home having to undergo an energy efficiency test by a qualified inspector that included soil inspections, traffic flow studies, drinking water studies, etc. – Because of the Realtors® Political Action Committee, we won the battle on those issues.

However, one of the main fights this year is trying to prevent a sales tax on services and transfer taxes on real property. Your active participation in our industry is needed today more than ever. You can make a difference!

I encourage everyone to get involved and protect property rights and generously donate to RPAC. There are several events where the ticket price is donated for RPAC such as golf tournaments, rally rides, wine and cheese events, etc. Yet, you don’t need to wait for an event, you can always make a donation at the Realtor® Campus today.

Many hands help ease the load – Help fight the fight! We have great year ahead of us. We are Realtors® . . . and then some!

Cheryl Acker 2016 President March 2016 | Salt Lake Realtor ® | 7

Happenings

In the News New Ad Campaign Urges Consumers to ‘Get Realtor®’

Pictured: A rendering of the new airport.

Prison and Airport are Focus of Commercial Town Hall

The Realtors® Commercial Alliance hosted planners and elected officials at a special Town Hall in February on future growth of Salt Lake City’s northwest quadrant. The area makes up roughly 35 square miles and could be the city’s next big development area. The state’s Prison Relocation Committee decided last year to relocate the Utah State Prison in Draper to the northwest quadrant. “Although the city is definitely opposed to this we do realize that if a prison is built there will be infrastructure that will go out there – water, sewer, electricity and roads,” said Tracy Tran, city planner for Salt Lake City.

“Once that is in the area there is going to be a lot of development pressure.” In addition to a new prison, Salt Lake City International Airport is undergoing a $1.8 billion rebuild. “The truth is our airport is old, it’s aging and it’s not well suited for the type of an airport we’ve become over the years,” said Kevin Robins, director of engineering for the airport. “As we have evolved over time the facilities we have really don’t meet the needs of the way the airlines operate today.”

The airport was originally designed to handle 11 million annual passengers. Today it processes in excess of 22 million.

Buying a home isn’t as easy as clicking a few buttons and magically getting the home of your dreams, as the current real estate advertising landscape leads many to believe. The reality is that real estate transactions can be stressful and there are often challenges and obstacles along the way.

To communicate Realtor® value in helping consumers succeed in all things real estate, the National Association of Realtors® has launched a new advertising campaign, “Get Realtor®.”

The campaign targets hyper-connected and emerging generations of home buyers, sellers, owners and investors.

Technology has advanced modern life in many ways and allows people to do more online than ever before.

But access to information doesn’t automatically translate to success when buying or selling a home. In other words, when it comes to the biggest purchase many people will likely ever make, consumers need to “Get Realtor®.”

“When it comes to real estate and the Internet, today’s consumers don’t always know what they don’t know,” said NAR President Tom Salomone, broker-owner of Real Estate II Inc. in Coral Springs, Florida. “The Get Realtor® campaign demonstrates how Realtors® – members of the National Association of Realtors® – can help buyers, sellers and investors succeed. We want today’s consumers to understand that having a Realtor® at their side is their competitive advantage in the real estate transaction.”

2016 Was the Best Year in Multifamily Home Sales

High home prices are driving first-time buyers to purchase condominiums and townhomes. In 2015, the sale of multifamily units set an all-time record of 3,800 units and accounted for 22 percent of all residential sales, according to the Salt Lake Board of Realtors®. This year the Board predicts total residential home sales to rise 11 percent. The median sales price of a single-family home will increase in the range of 5 to 7 percent while the increase in the price of multifamily units will rise 8 to 10 percent.

8 | Salt Lake Realtor ® | March 2016

Pictured: The 2016 Housing Forecast Breakfast at the Little America Hotel in downtown Salt Lake City.

PARK CITY’S REAL ESTATE MARKET SHARE LEADER #1 BY SALES VOLUME* #1 NUMBER OF PROPERTIES SOLD* #1 PER AGENT PRODUCTION*

Call us to see why we are Park City’s market share leader.

800.641.1884

SUMMITSOTHEBYSREALTY.COM

Summit SIR

Competitor #1

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*Park City MLS: All Areas

Competitor #5

Competitor #6

Date: 01/01/2015 - 12/31/2015

Competitor #7

Property Types: All

Competitor #8

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Status: Total Sold - List + Sell

Only With Us Park City’s Market Share Leader ©MMXVI Sotheby’s International Realty Affiliates LLC. All Rights Reserved. Sotheby’s International Realty® is a licensed trademark to Sotheby’s International Realty Affiliates LLC. Equal Housing Opportunity. Each Office Independently Owned & Operated.

M

MUN

I T

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A

OF

BEST

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$ 2 . 8 MILLION IN UTAH C

HE YE

Skye Estates - Utah Homebuilders Community of the Year in Highland

Unlike some other home builders, D.R. Horton compensates cooperating brokers with a 3% commission on EVERY D.R. Horton home in Utah from our largest luxury homes to our most affordable townhomes. With new communities growing across the Wasatch Front, we invite you to introduce your clients to America’s #1 Homebuilder* today. Visit drhorton.com for a list of communities near you. *D.R. Horton is America’s #1 Homebuilder per Builder Magazine. *Commissions paid in Utah during the fiscal year of October 1, 2014 through September 30, 2015.

OMMISSIONS LAST YEAR

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Congratulations to all for your exceptional accomplishments in 2015 We’re pleased to announce three new branches to help you succeed and achieve record sales in 2016.

CLEARFIELD

LEHI

We’ve got you covered.

ST. GEORGE

We’ve also added four top producers to enhance our lending team.

Welcome Doug Cook, Joe Jensen, Adam Wilson and Aaron Garcia.

Doug Cook (435) 901-6060

Joe Jensen (435) 258-9556

Adam Wilson (801) 872-8796

Aaron Garcia (801) 683-5824

VP of Mortgage Lending

Branch Manager

Branch Manager

VP of Mortgage Lending

Doug.Cook@ guaranteedrate.com

Joe.Jensen @guaranteedrate.com

Adam.Wilson@ guaranteedrate.com

Aaron.Garcia@ guaranteedrate.com

guaranteedrate.com/dougcook

guaranteedrate.com/joejensen

guaranteedrate.com/adamwilson

guaranteedrate.com/aarongarcia

we’re here to support you. contact us today.

Julia G. Borst

(801) 362-7159

(801) 617-1200

Regional Sales Manager

Julia.Borst@guaranteedrate.com

6900 South 900 East, Suite 150 • Midvale, UT 84047

guaranteedrate.com/Midvale

Doug Cook NMLS ID:1026620, LO ID#: UT - 5847192 - 7495184, branch address: 6900 South 900, East Suite 150, Midvale UT 84047 • Joe Jensen NMLS ID:929953, LO ID# UT 7734875 - 7495184, branch address: 6900 South 900, East Suite 150, Midvale UT 84047 • Adam Wilson NMLS ID:149084, LO ID# UT - 5489690 - 7495184, branch address: 912 West 1600 South, 2nd Floor Offices 6, 13 & 15, St. George, UT 84770 • Aaron Garcia NMLS ID:381431, LO ID# UT - 8708287 - 7495184, branch address: 912 West 1600 South, 2nd Floor Offices 6, 13 & 15, St. George, UT 84770 • Julia G. Borst NMLS ID:275440, LO ID# UT - 5495305 - 7495184 • NMLS ID #2611 (Nationwide Mortgage Licensing System www.nmlsconsumeraccess.org) • UT - Lic #749518

best of 2015 realtor速 awards

LARGE SALES TEAM OF THE YEAR The David Parker Team | Century 21 | Everest Realty Group

MEDIUM SALES TEAM OF THE YEAR Linda Secrist & Associates Berkshire Hathaway Home Services

SMALL SALES TEAM OF THE YEAR Mona Stevens & Kelly Favero KW Salt Lake City Keller Williams Real Estate 14 | Salt Lake Realtor 速 | March 2016

2015 REALTOR® OF THE YEAR Bill Heiner Sterling R

2015 COMMERCIAL REALTOR® OF THE YEAR Jared Booth

SALESPERSON OF THE YEAR Ben Daniels Edge Homes

ROOKIE OF THE YEAR Wesley Goldberg Ranlife Real Estate

2015 SPECIAL RECOGNITION AWARD Brad Bjelke

MANAGING BROKER OF THE YEAR George Morris Century 21 Everest Realty Group

GOOD NEIGHBOR AWARD Babs De Lay Urban Utah Homes and Estates

GEORGE CRAKER AFFILIATE OF THE YEAR Braundie Kump Magellan Title

PRESIDENT’S AWARD Ryan Kirkham March 2016 | Salt Lake Realtor ® | 15

SALESPERSON OF THE YEAR FINALIST Jeff Kirk Edge Homes LARGE SALES TEAM OF THE YEAR FINALISTS BHurd in Utah Keller Williams South Valley Elite Justin Udy and Team Real EstateCentury 21 Everest Realty Group MEDIUM SALES TEAM OF THE YEAR FINALISTS

Craig Voegeli & Dallas Eichers Berkshire Hathaway HomeServices Utah Lori Hendry Lisa Woodbury Windermere Real Estate ROOKIE OF THE YEAR FINALISTS

Pattie DeNunzio North American Title

16 | Salt Lake Realtor 速 | March 2016

Pamela Pamela Presidio Real Estate

Janelle Woolley Realtypath South Valley

The Burnside Team KW Salt Lake City Keller Williams Real Estate

The Candice Evans Team Keller Williams South Valley Realty

Shauna Jorgensen Realtypath

Bridget Lloyd RealtyOneGroup Signature

GEORGE CRAKER AFFILIATE OF THE YEAR FINALISTS

SMALL SALES TEAM OF THE YEAR FINALISTS

Rachel Green Century 21 Everest Realty Group

Jude Engracia Utah Select Realty, Inc.

Dixon-Felis Team Berkshire Hathaway HomeServices

The Colemere Brothers Colemere Realty Associates

GOOD NEIGHBOR AWARD FINALISTS

Terrie Lund Northwest Title MANAGING BROKER OF THE YEAR FINALISTS Cheryl Acker Realtypath Sterling R Ravath Pok RealtyONE Group Signature Sterling R

SPONSORS

2015 PLATINUM HALL OF FAME AWARDS M. Brock Andersen Berkshire Hathaway Home Services, Sterling R Jared Booth, CCIM CBC Intermountain, Sterling R Jim Bringhurst The Bringhurst Group, Hall of Fame Daniel Cabrera Real Team Realty, Sterling R Greg Call Berkshire Hathaway Home Services, Crystal R Gary Cannon Cannon & Company, Hall of Fame Kim Chatterton Berkshire Hathaway Home Services Utah, Sterling R J. Scott Colemere Colemere Realty Associates, Crystal R Terry Cononelos Chapman-Richards & Associates, Crystal R Babs De Lay Urban Utah Homes & Estates, LLC Angie Domichel Nelden Coldwell Banker Residential, Sterling R Kenneth E. Bell Bell Realty, Sterling R Michael Gabel Keller Williams Salt Lake City, Sterling R Michelle Gilvear Coldwell Banker Residential Joel Hair Ulrich Realtors®, Sterling R

18 | Salt Lake Realtor ® | March 2016

Craig Hawker Action Team Realty, Hall of Fame Lori Hendry Windermere Real Estate, Sterling R Jonah Hornsby Windermere Real Estate, Sterling R Dawn Houghton Coldwell Banker Residential Sugar House, Sterling R Kris Hudson Ulrich Realtors®, Sterling R Tom Kreifeldt Action Team Realty, Sterling R Tuiono Malakai Equity Real Estate South Valley, Hall of Fame Susie Martindale RE/MAX Masters, Sterling R Dan Nix Coldwell Banker Residential Ryan Pool RE/MAX Masters, Sterling R Maura Powers Summit Sotheby’s International Realty Kristen Price Good Neighbor Real Estate Jimmy Rex KW Westfield Keller Williams Real Estate, Crystal R Scott Robbins Coldwell Banker Residential, Sterling R Dave Robison goBE Realty, Hall of Fame Linda Secrist Berkshire Hathaway Home Service, Sterling R

Jeff Sidwell Summit Sotheby’s International Realty, Sterling R Laurel Simmons Coldwell Banker Residential, Sterling R Debra Sjoblom Chapman Richards & Associates, Sterling R Liz Slager Coldwell Banker Residential, Sterling R Janice Smith Coldwell Banker Residential, Sterling R Catherine Sneyd The Muve Group, Windermere Real Estate, Sterling R Scott Steadman Windermere Real Estate, Sterling R Josh Stern Keller Williams SLC, Sterling R Shelly Tripp Coldwell Banker Residential South Valley Mike Ulrich Ulrich Realtors®, Sterling R Nathan Ulrich Ulrich Realtors®, Sterling R Tricia VanderKooi Coldwell Banker Residential, Sterling R Cindy Wood Cindy Wood Realty

KELLER WILLIAMS SALT LAKE CITY PROUDLY CONGRATULATES

MONA STEVENS & KELLY FAVERO 2015 WINNER OF

SALT LAKE BOARD OF REALTORS

SMALL SALES TEAM OF THE YEAR! The Burnside Team Lee Stern Mike Gabel Josh Stern

Finalist Recipient Recipient Recipient

Medium Sales Team Gold Hall of Fame Platinum Hall of Fame Platinum Hall of Fame

Special Congratulations to our Keller Williams Regional Award Winners TOP PROFIT SHARE ASSOCIATE TOP PERFORMING INDIVIDUAL TOP PERFORMING TEAM TOP PERFORMING GROUP ROOKIE OF THE YEAR SPIRIT AWARD KW CULTURE AWARD

www.kwsaltlake.com

LEE STERN MIKE GABEL MONA STEVENS & KELLY FAVERO THE STERN TEAM JA-ANN WOLSEY LINDA WIGHT JOSH STERN

Kristy Bailey—Team Leader 801.946.2320

Each Office Is Independently Owned and Operated

2015 GOLD HALL OF FAME AWARDS Judy Allen Berkshire Hathaway Home Services, Crystal R Amy Gibbons goBE Realty, Crystal Rte, Sterling R Carol Ann Daves Realty Brokers Preference, Sterling R DeAnn Densley Mansell Real Estate, Sterling R Darlene Dipo Windermere Real Estate Sally Domichel Coldwell Banker Residential Monique Draper Berkshire Hathaway Home Services James Ellis RE/MAX Masters, Sterling R Laura Fidler Coldwell Banker Residential, Sterling R Kristopher Furrow REDFIN Corp.

Amy Gibbons goBE Realty, Sterling R Julie Holmes goBE Realty, Sterling R Shirley Jacobson Windermere Real Estate, Sterling R Marvin Jensen Windermere Real Estate Eunice Jones-Lane Media One Real Estate Amanda Jorgensen Berkshire Hathaway Home Service Miriam K. McFadden Miriam K. McFadden Real Estate Adam Kirkham Summit Sotheby’s Realty, Sterling R

20 | Salt Lake Realtor ® | March 2016

Carolyn Kirkham Summit Sotheby’s Realty, Sterling R

Sheridyn Cannon Cannon & Company., Sterling R

Ryan Kirkham Summit Sotheby’s Realty, Sterling R

DeAnna Dipo Coldwell Banker Residential, Sterling R

Cheryl Lyon Coldwell Banker Residential Brokerage, Sterling R

Vicki Fulkerson Hidden Valley Real Estate

Carolee Mecham Cannon & Company Real Estate, Sterling R Kroger Menzer Keller Williams Realty Joe Olschewski Ulrich Realtors®, Sterling R Mary Olsen Realtypath Troy Peterson Equity Real Estate Solid, Golden R Donna Pozzuoli Berkshire Hathaway Home Services Utah, Crystal R

Linda Geer Coldwell Banker Residential, Sterling R Jennifer Gilchrist Realtypath Becky Grubel Realtypath, Crystal R Bill Heiner Cannon & Company, Sterling R Linda K. Itami Berkshire Hathaway Home Services Lisa Jungemann Windermere Real Estate, Sterling R Vann Larson Village Real Estate

Lisa Radke RE/MAX Results, Sterling R

Craig Lelis Coldwell Banker Residential Brokerage

Randy Smith Equity Real Estate Results, Sterling R

ShirLee McGarry Realtypath, Crystal R

Lee Stern Keller Williams SLC, Sterling R

Carolee Mecham Cannon & Company, Sterling R

Matt Ulrich Ulrich Realtors®, Sterling R

Jamie Sacks Coldwell Banker Residential Brokerage

Durven Wilson goBE Realty, Sterling R

Terry Simmons RE/MAX Unlimited

Margene Wrigley Wrigley Realty

Cheryl Acker Realtypath, Sterling R

2015 DISTINGUISHED SERVICE AWARDS

Rosanne Terry Coldwell Banker Residential Brokerage

Cheryl Acker Realtypath, Sterling R

Lisa Wanlass Cannon & Company, Sterling R

Sally Beagle Coldwell Banker Residential, Sterling R

Paul Wilden KW Utah Realtors® Keller Williams, Sterling R

R. Brian De Haan Ulrich Realtors®, Sterling R

Elaine Zambos Realtypath, Sterling R

Congratulations Daybreak Builder Agents 路 415 New Home Sales in 2015 DAVID WEEKLEY HOMES

GARBE T T HOMES

Debbie Snideman 801.699.3811

Adam Russell 801.915.8065

Adam Frenza 801.885.4208

John Dowdle 801.949.0923

Tess Timothy 801.856.0840

DESTINATION HOMES

R AINEY HOMES

Liz Holt 801.661.3282

Doug Schwartz 480.363.8928

Heather LaGuisa 801.574.4268

HOLMES HOMES

Kathie Fischer 801.706.5571

Jeff Franco 801.842.4314

SEGO HOMES

Kari Williams 801.201.7855

Sandy Ewing 801.652.4424

IVORY HOMES

Brent Davies 801.580.3355

Eve Golden 801.885.0141

Lane Mackay 801.550.8701

Scott Rolf 801.865.5773

Tim Sweat 801.494.3552

The Best of 2015 Realtor® Awards

T

welve major award winners were honored at the Best of 2015 Awards luncheon held on Feb. 24. Bill Heiner, 2010 president of the Salt Lake Board of Realtors® and a Realtor® with West Jordan-based Cannon & Co., was named Realtor® of the Year. Jared Booth, CBC Intermountain, was awarded Commercial Realtor® of the Year. In addition, 100 Realtors® were recognized in three major categories (Platinum Hall of Fame, Gold Hall of Fame and Distinguished Service) for their sales volume and/or service. The event was moderated by Cheryl Acker, president of the Salt Lake Board of Realtors® and Dave Robison, past president of the Salt Lake Board of Realtors®.

22 | Salt Lake Realtor ® | March 2016

Photos: Dave Anderton March 2016 | Salt Lake Realtor 速 | 23

Photo: © iStockphoto.com/kurhan

Help Clients Find a Home for Life An increasing number of buyers are thinking ahead to ensure they are able to age in place. Are you ready to be the trusted advisor in their housing search?

By Debbie Swanson

B

aby boomers and other forward-thinking buyers are embracing the trend of “aging in place” — planning ahead and making adjustments that will allow them to remain in their home throughout their senior years. Usually, some remodeling is required for a property to support independent living for older adults.

Understanding your client’s goals and their intended lifestyle is key to helping them find a property that will accommodate their needs.

Here are some of the main points of discussion to introduce when helping a client find a home for life.

Accessibility

Stair-free living is a common requirement, but you don’t necessarily have to limit your showings to single-story homes. Instead, let your client’s

24 | Salt Lake Realtor ® | March 2016

lifestyle and remodeling budget dictate the type of properties to consider. Some clients may seek the convenience and amenities of an elevatoraccessible condo, while others prefer a private home that’s been adapted to remove dependence on stairs.

Tyler Owen, owner of Aging in Place Remodeling in San Diego, has helped many home owners remain in multilevel homes. “We’ve installed stair lifts or elevators or added a master suite to the first floor,” he says.

For clients with mobility limitations, even one or two steps can pose a barrier. Identify one entryway that supports ease of entry, such as a spacious foyer and wide front door, leading to an outdoor area that will accommodate a ramp.

Ramps can be premade or custom built for the

property, says Owen. “Premade is easy to install [and can be done] in less than a day. A custom ramp is more expensive and requires more time, but it also looks better and can add value to the home.”

Lighting Proper lighting improves home safety and well-being for any demographic, but it’s particularly important to prevent chronic straining in aging eyes. Look for plenty of natural sources, as well as installed fixtures. Help clients look for homes with focused task lighting in kitchen work areas, shower stalls, closets, and laundry rooms.

Some improvements can be made without an electrician. You may want to suggest your clients place touch-controlled lamps or motion lights in foyers, hallways, or bathrooms.

Bathrooms Remodeling the bathroom can be key to independent living, says Katy Dodd, vice president of business development of LifeWise Renovations in Kansas, a company that specializes in creating a safe and comfortable home throughout the aging process.

A common upgrade is the addition of a “zeroentry” bathing area — a curbless, walk-in tub or shower. Dodd says that, unless the original

bathroom is quite small, the space should easily accommodate such a change: “In most cases, if the original bathroom fits a traditional tub, it will fit a zero-entry shower.”

Other desirable features include adequate lower-level storage and lighting and switches that are reachable from a seated position, adds Cannon Christian, president of Renovation Realty in San Diego, who regularly finds homes for clients planning for their senior years. “Take notice of wall space if the home owner needs to add stability bars,” he adds.

Doorways Traditional doorways can be too narrow to navigate with mobility equipment. While 28 to 32 inches is the typical width for such areas, the National Association of Home Builders suggests ensuring that at least 32 inches of clear width are available.

“Widening a doorway is a common request and takes just a few hours,” says Dodd, pointing to ranch and single-story homes as the best candidates for such changes. “They pose fewer structural issues. Other dwellings contain traditional framing and structural components that require alteration … translating to more time and cost.”

Experience the David Weekley

Difference

At David Weekley Homes, we are here to help your Clients find the home of their dreams in one of these locations they will love for years to come: Three sections in Daybreak – South Jordan Highland Place – Holladay Sugarhouse Ridge – Sugar House area Or look for one of these communities coming soon: Canyon Centre Court – Cottonwood Heights Holladay Town Center Court – Holladay City View on 7th – downtown Salt Lake City Deer Run Preserve – Draper

From the $270s – $760s+

Find your dream home by contacting an Internet Advisor at 800-240-7487 today!

See a David Weekley Homes Sales Consultant for details. Prices, plans, dimensions, features, specifications, materials, and availability of homes or communities are subject to change without notice or obligation. Illustrations are artist’s depictions only and may differ from completed improvements. Copyright © 2016 David Weekley Homes – All Rights Reserved. Salt Lake City, UT (SLCA74399)

March 2016 | Salt Lake Realtor ® | 25

Service Directory Home Inspection CRITERIUM-BERNHISEL ENGINEERS 801-466-0931 Scott Bernhisel, PE, MBA Professional Engineer

• Comprehensive Inspections • Expert Testimony • Diagnostics • Structural Repair & Design • Electrical, Mechanical, Roofing • Maintenance Planning • Environmental Assessments Exceeding ASHI Standards

TO ADVERTISE IN THIS SERVICE DIRECTORY PLEASE CALL

MILLS PUBLISHING, INC. 801-467-9419

[with a] freezer on top isn’t as accessible as a café style or a side-by-side.”

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Kitchen Whether your client will be cooking for one or hosting large holiday gatherings, an accommodating kitchen is a necessity. Be on the hunt for excellent lighting and easy transitions between the cooking area, refrigerator, and sink.

Lower-level storage is also helpful, says Dodd, who suggests looking for “reachable cabinets, extension drawers, or pullout shelves.”

Make sure your clients factor in the cost of replacing dated appliances with newer models. For example, Dodd notes, “the old-style refrigerator

Flooring

Floors can present two hazards: tripping and slipping.

Transitions — the areas where two types of flooring meet — can create a tripping hazard or wheelchair barrier. Advise clients to consider integrating the leveling-out of such barriers into any existing plans for new flooring. “We’ve leveled transitions without installing new floors, but it does require altering the existing floor,” says Owen.

For more slip-resistant surfaces, look at the size of the tile. “We like to use unglazed floor tile that is 2 inches by 2 inches or smaller — it is actually the grout lines that are helping to grab your foot and give traction,” says Owen.

Positive lifestyles Most baby boomers are active, healthy, and ready to embrace the next phase of life, so consider the surrounding area. Michelle Sagatov, real estate agent with Michelle Sagatov Realty Group at McEnearney Associates, says many of her senior clients “want to be close to the action, in a lively neighborhood, with access to walkable places and great restaurants.”

Outdoor interests vary widely; a maintenancefree condo may be a dream to clients eager to wash their hands of yardwork. But other clients enjoy tending to their landscape. For these, ensure easy access to a garden area or patio, and be vigilant for mobility hazards such as uneven sidewalks or pavers.

Planning for the future is difficult, but becoming familiar with common solutions and understanding your client’s lifestyle are your best strategies for helping them find the perfect home.

Debbie Swanson is a Boston-area freelance writer who frequently covers real estate, construction, and other topics. Reprinted from Realtor® Magazine Online, December 2015, with permission of the National Association of Realtors®. Copyright 2015. All rights reserved.

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26 | Salt Lake Realtor | March 2016 ®

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Drones and Real Estate – Everything You Need to Know

T

his FAQ has been assembled to help answer some of the most frequently asked questions NAR receives regarding the legal and regulatory landscape of unmanned aircraft systems (UAS), and a real estate professional’s ability to use this emerging technology.

1) What is a UAS?

A UAS is the unmanned aircraft (“UA”) and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft.

The UA is the flying portion of the system, flown by a pilot via a ground control system, or autonomously through use of an on-board computer, communication links and any additional equipment that is necessary for the UA to operate safely. The FAA issues an experimental

30 | Salt Lake Realtor ® | March 2016

airworthiness certificate for the entire system, not just the flying portion of the system.

2) How do UAS typically operate?

UAS flights are typically short in duration and flown at low altitudes in order to gather only the desired images or information related to a specific property or location. Most UAS fall into what is referred to as the micro UAS category, which means the UAS weighs 4.4 pounds or less. UAS operations are typically brief and more affordable than manned aircraft operations, which make UAS well-suited for use by the real estate industry.

3) May I use a UAS to take aerial images of my real estate listings?

Current FAA laws and regulations generally prohibit the commercial use of UAS, which includes for the purpose of real estate marketing.

You may, however, use a UAS if you have received a Section 333 waiver from the FAA. 4) May I hire someone else to operate a UAS to take aerial images of my real estate listings?

Yes. You may hire an individual or company to operate a UAS on your behalf. However, before doing so, be sure to verify that the individual or company has successfully obtained a Section 333 waiver from the FAA. 5) Has NAR taken a position on UAS?

Yes. On November 10, 2014, the NAR Board of Directors approved the following official policy statement on unmanned aerial vehicles: The National Association of Realtors® advises members that the use of unmanned aerial vehicles for real estate marketing is currently prohibited by the Federal Aviation Administration. Such prohibited use of unmanned aerial vehicles may lead to the assessment of substantial fines and penalties. The National Association of Realtors® supports efforts to create new federal regulations to allow for the future commercial use of unmanned aerial vehicle technology by the real estate industry.

The National Association of Realtors® is committed to working with the Federal Aviation Administration, and any other relevant federal agencies, during the regulatory approval process. The National Association of Realtors® will continue its ongoing efforts to educate Realtors® about the current and future regulatory structure for the safe and responsible operation of unmanned aerial vehicles.

6) Are there any exceptions to the prohibition on the commercial use of UAS?

Yes. The FAA Modernization and Reform Act of 2012 provides the FAA with the ability to issue Section 333 waivers, which grant authorization for certain unmanned aircraft to perform commercial operations on a case-by-case basis.

7) How do I apply for a Section 333 waiver?

The Section 333 waiver process involves the filing of a petition of exemption with the FAA. You can find more specific information about what a petition of exemption must contain and how to file your petition on the FAA’s website at: http://www.faa.gov/uas/legislative_programs/ section_333/how_to_file_a_petition

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8) Does the Section 333 waiver require the petitioner to have a pilot’s license?

Yes. An FAA-issued pilot’s license is a required element of successfully obtaining a Section 333 waiver.

9) How long does the Section 333 waiver process take?

The FAA advises that Section 333 petitioners should allow up to 120 days after submission for a decision to be made on a petition of exemption.

However, in March of 2015, the FAA made certain procedural changes that often result in a faster approval time. Since these changes were implemented, the FAA has been approving an average of 50 Section 333 waivers a week.

10) Are there any proposed regulatory changes to allow for the future commercial use of UAS? Yes. The FAA Modernization and Reform Act of 2012 charged the FAA with integrating the commercial use of UAS into national airspace. In February 2015, the FAA took the first step in doing so, and issued a Notice of Proposed Rulemaking on the Operation and Certification of Small Unmanned Aircraft Systems.

11) When is it anticipated that the Rule will become final?

The FAA is working diligently to consider the over 4,000 comment letters it received during the Rule’s comment period. While the typical timeframe for a proposed rule to become final is sixteen months from the time a rule’s comment period closes, the Rule has the highest priority within the FAA. The FAA is determined to move forward as quickly as possible, and a final rule could be issued as soon as August 2016.

12) What if I want to use UAS before the Rule becomes final?

There are two options: 1) you can apply for a Section 333 waiver or 2) you can hire a company or individual that has already successfully obtained a Section 333 waiver. If you choose to hire a company to operate a UAS for your real estate marketing needs, or for some other commercial purpose, be sure to ask the individual or company if they have a Section 333 waiver to operate the UAS for the purpose you are requesting.

13) Is insurance available for UAS operators?

Yes. Insurance companies offer coverage for UAS operators. Be sure to ask any individual or company you are working with if they are insured for the UAS operation. In addition, request that you be named as an additional insured for

32 | Salt Lake Realtor ® | March 2016

purposes related to the UAS operation.

14) What can I do to limit my legal liability when hiring a UAS operator?

You should request that the UAS operator indemnify you against any action, suits, damages, losses, costs and expenses (including, without limitation, attorneys’ and fees and costs) arising from the UAS operation or the use of the related UAS images.

15) Where can I find a list of individuals and companies that have obtained a Section 333 waiver?

The FAA’s website contains an up-to-date list of all of the individuals and companies that have been granted Section 333 waivers: http://www.faa. gov/uas/legislative_programs/section_333/333_ authorizations/ (link is external).

16) Could I be legally liable if I hire a photographer who does not have a Section 333 wavier to operate a UAS for a commercial purposes?

The FAA’s mission is the protection of national airspace and the safe operation of aircraft. As such, the FAA’s enforcement efforts with respect to UAS are focused on the UAS operator and the safety of the flight. Therefore, an impermissible or careless or reckless operation of a UAS could result in an FAA enforcement action against the UAS operator.

However, beyond FAA enforcement, a real estate professional could be the subject of legal risk under state law if an individual is injured or an individual’s privacy or property rights are infringed upon as a result of the UAS operation.

17) Where can I report any suspected improper use of a UAS? Any concerns regarding the unauthorized commercial use or unsafe operation of a UAS can be directed to the FAA or to local law enforcement authorities.

18) Does use of a UAS without a Section 333 waiver constitute a violation of the REALTOR® Code of Ethics?

The REALTOR® Code of Ethics does not address this type of conduct. While REALTORS® are encouraged to always abide by local, state, and federal laws, it is not a REALTOR® association’s role to adjudicate whether a REALTOR® has violated a local, state or federal law.

19) What duty does an MLS have to remove UAS-obtained images in a listing that were obtained without a Section 333 waiver?

An MLS does not have an obligation to

Image licensed by Ingram Image

investigate or to remove UAS-obtained images in listings where the MLS suspects that such images were not taken pursuant to a Section 333 waiver. An MLS may create a policy prohibiting MLS participants from placing images on the MLS where such images were taken in violation of the FAA’s prohibition on the commercial use of UAS. Before creating a policy on this issue, an MLS should consider its ability to consistently police and thoroughly investigate whether such images are compliant with FAA rules and regulations.

20) Where can I find additional information about UAS? There are many valuable UAS resources available on REALTOR.org, including:

• REALTOR.org page dedicated to UAS, providing legal and regulatory updates, as well as other relevant UAS news and information: http:// www.realtor.org/topics/drones • “Drone Fever: Getting Permission to Fly in the U.S.” webinar, hosted by the National Association of REALTORS® and presented by Hogan Lovells: www.realtor.org/articles/nar-hosts-uas-webinarwith-hogan-lovells • “Window to the Law” video on the FAA’s February 2015 Notice of Proposed Rulemaking on the Operation and Certification of Small Unmanned Aircraft Systems: www.realtor.org/ videos/window-to-the-law-faa-proposes-dronerules • Current list of real estate-related Section 333 waiver holders: http://www.realtor.org/articles/ list-of-faa-approved-drone-operators-availableon-realtororg • The FAA’s website is also a great resource for UAS information: www.faa.gov/uas • Information about the “Know Before You Fly Campaign”, a campaign dedicated to educating prospective UAS users about the safe and responsible operation of UAS, is available here: www.knowbeforeyoufly.org.

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Before You Use a Drone Read This Commercial drone operators that operate illegally and do not follow regulations are liable for a $25,000 fine for every illegal flight.

By Tyler Pack | Commercially Licensed Rotor Wing Pilot

H

ave you considered using a drone to take pictures of your home, property, or listing?

Do you know other agents that are already using drones to enhance their listings? Have you recently read in the news how the Federal Aviation Administration (FAA) is cracking down on illegal drone use and starting to fine illegal operators? Have you wondered what it takes to operate drones legally for your business? This article will answer your questions and provide

36 | Salt Lake Realtor ÂŽ | March 2016

valuable information on how to legally and safely use drones to enhance your home, property, and listings.

The FAA categorizes the use of Unmanned Aerial Systems (UAS) or drones into two categories, hobby and non-hobby use. Hobby users are drone and model aircraft enthusiasts that fly drones for the fun of flying. Many times you will see them flying at the park, in their back yard or at a model aircraft club.

These hobby aircraft come in all shapes and sizes from small indoor helicopters purchased at a mall kiosk, to GPS enabled quad-copters with attached GoPro cameras, to 150 lbs miniature airplanes with micro-jet engines. Hobbyists may even post their personal videos to Facebook or YouTube, sharing their drone experiences with family and friends.

In order to regulate hobby drones the FAA recently passed regulation requiring all hobby drones used outdoors and weighing over 0.55 lbs be registered with the FAA. Registration is a simple process that can be completed online at https://www.faa.gov/uas/registration/ and costs $5 to register a hobby drone. Once a hobby flyer has registered their aircraft they are legal to fly as a hobbyist within the guidance stated within their newly acquired registration. This registration however does not allow for commercial use as stated in the registration, “for all operations other than as a model aircraft…additional safety authority from FAA and economic authority from DOT may be required” (FAA Small UAS Certificate of Registration).

Failure to register a hobby drone or operating outside the regulations established by the FAA for hobby use carries a $27,500 fine per flight. In order

to operate a drone commercially or as a business tool additional licensing and registrations are required. In order to operate a drone commercially or as a business tool, the process starts with the drone operator receiving special permission from the FAA in a Section 333 Exemption. On Feb. 14, 2012 Congress passed the H.R.658 - FAA Modernization and Reform Act of 2012, defining drone operations and regulations. Section 333 of H.R. 658 authorizes the FAA to issue authority and permission on a case by case basis to commercial drone operators that meet specific restrictions and guidance set by the FAA. Commercial drone operators that operate illegally and do not follow regulations are liable for a $25,000 fine for every illegal flight. This includes simply using a drone personally to take a few pictures of your listing even though you did not “hire” someone to do the work. If a drone is used as part of a business, to further a business, or internally as a business tool that operation is considered a non-hobby drone activity and is governed by FAA regulation and H.R. 658.

To operate a drone legally for non-hobby or commercial use, the following is required: • Exemption to Section 333 of the FAA Modernization and Reform Act of 2012

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COA issued by the Air Traffic Organization Minimum “Sport” Pilot License issued by the FAA Registered UAS system with assigned N-Number Flight NOTAM issued for each flight operation Visual observer utilized for every flight

Any drone flight that does not meet all of these requirements and does not have these documents on hand at the flight location is operating outside FAA regulation and is liable to be fined. If you desire to operate your own drone legally as part of your business, the process starts with visiting www.FAA.gov. You will be required to request a Section 333 Exemption which typically costs around $5,000 in attorney fees to draft your Exemption request followed by a six-month wait as your request is processed and discussed on the public docket. There is no guarantee that your request will be approved.

After receiving a Section 333 Exemption you must register your drone as a commercial aircraft with the FAA in order to receive an N-Number and begin filing flight NOTAMs with the FAA prior to every flight. You will be required to utilize a visual observer for every flight and report all your flight activities to the FAA on a monthly basis in order to maintain a current registration. Lastly,

you must be a pilot with a minimum “Sport Pilot” license issued by the FAA to fly your drone as part of your business. If you do not already have a pilot license you can expect to pay between $8,000 and $15,000 minimum for flight training based on the aircraft you learn to fly.

The other option is to hire a legal, licensed, and insured drone operator.

If you hire a drone pilot and want to know if they are legal, simply ask them to produce the documents and records listed in the bullets above. If they cannot they are not legal and you will be liable for hiring them.

Additionally, make sure any drone operator you hire is not only operating legally but that they are insured specifically for drone operations and photography. If their aircraft breaks a window or falls on someone’s car or they are sued for invasion of privacy because their photos or video captured the neighbor’s kids playing in the backyard, make sure you are covered.

In conclusion, yes you can operate a drone as part of your business, but in order to do so legally and to avoid being shut down or fined by the FAA, specific regulations and rules relating to drone use must be followed.

Tyler Pack is owner and chief pilot of AirVidTech, LLC. Visit www.AirVidTech. com. The regulations and information shared in this article are publicly available and can be reviewed at http://www.faa. gov/uas/.

OUR WINDERMERE FAMILY CONTINUES TO GROW We are very proud to announce the addition of Eunice Jones to our “family” at Windermere. And when we say “family” we mean it...

Eunice is the mother of one of the top agents at the MUVE group at Windermere, Timothy “TJ” Jones.

Eunice has been a pinnacle member of our Salt Lake Real Estate community for the last 20 years. Many of us have done deals with her and know her commitment to professionalism and integrity runs deep. She has served us all over the years in various leadership positions including a Director for the Utah Association of REALTORS®. She has won numerous sales awards, and always finds time to give back to the community. I’m honored that Eunice is now a part of our family.

-Grady Kohler, Broker/Owner of Windermere We would also like to congratulate Eunice on her GOLD HALL OF FAME AWARD for 2015

W I N D E R M E R E . CO M SUGAR HOUSE | UNION PARK | PARK CITY | COALVILLE

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Are Your Agents Ready to Sell Smart Homes?

The “connected home” has finally arrived. Make sure your agents are familiar with the latest industry advancements.

By Melissa Dittmann Tracey

S

mart home technology is beginning to reshape how homes operate, and it’s having implications on staging homes, holding open houses, setting sales prices, and other selling tasks. Now more than ever, agents need an education on the latest products and trends to stay ahead of the curve.

As the price of technology comes down and gadgets become easier to use, the connected home tech industry is seeing explosive growth, increasing 32 percent in just the previous year, according to the Consumer Electronics Association.

With products such as locks, lightbulbs, appliances, and thermostats able to be controlled via smartphone or tablet, an estimated 100 million households worldwide had some type of smart home device by the end of 2015, according to Deutsche Telekom, a German telecommunications company. And that number is expected to grow to 300 million over the next decade.

Salespeople who are unfamiliar with this $967 million industry risk underestimating a home’s value when it comes to efficiency, security, and convenience. What’s more, real estate companies are encountering issues of security and privacy when a smart home is sold to a new owner.

“The connected home is here, and its influence on everything from home pricing and curb appeal to how we move through our daily lives is transforming right before our eyes,” says Sean

40 | Salt Lake Realtor ® | March 2016

Blankenship, Coldwell Banker’s chief marketing officer.

Coldwell Banker Real Estate recently launched a smart home technology campaign to educate consumers and agents alike. The franchise partnered with tech news source CNET to provide content on the latest smart home innovations on its blogs. It’s also sponsoring the CNET Smart Home in Louisville, Ky., which has been dubbed a “living laboratory” to test new products in a reallife home.

Last month, Coldwell Banker cosponsored the Smart Home Marketplace at the Consumer Electronic Show in Las Vegas, where, during an educational session, Blankenship suggested staging properties with smart home technology to show the potential and make your listings more competitive.

For brokers looking to better prepare agents to sell these homes, read part two in this series, “Prep Agents With 6 Smart Home Facts,” and share it with agents to help broaden their knowledge about the latest in smart home tech.

Real estate brokerages could begin partnering with companies that make smart home devices to showcase gadgets at open houses, Blankenship said. Agents might demonstrate how to control the thermostat or appliances from their mobile device or set up actions like having the lightbulbs adjust from task lighting to a more relaxing mode to showcase a home using different lighting.

For a home that already has such products installed, Blankenship recommended putting up signs throughout the home that explain how the gadgets work so that the technology isn’t overlooked by home shoppers.

Reprinted from Realtor® Magazine online, February 2016, with permission of the National Association of Realtors®. Copyright February 2016. All rights reserved.

Back Row: Fred Lowe, Ivan Carroll, Kelsey Hale Front Row: Chimgee Anderson, Jan Lowe, Brandon Fajardo, Shawnee Cooper Sarah Thomas (not pictured)

MEET THE NEWEST ADDITIONS TO THE WINDERMERE FAMILY We are extremely proud to announce that the Jan & Fred Lowe group will be joining Windermere as the “Kindness Pays” Team.

This group embraces technology, works extra hard, has a savvy eye for marketing, but most of all puts the clients needs way ahead of getting a deal done. They are a perfect match for us.

I am so very honored to welcome these guys to Windermere.

-Grady Kohler, Broker/Owner of Windermere One of the unique things that set Jan, Fred and their team apart is their terrific motto: “Children & Dogs Welcome”. Come visit them at their new home at Windermere Sugar House, 1240 E. 2100 S.

W I N D E R M E R E . CO M SUGAR HOUSE | UNION PARK | PARK CITY | COALVILLE

Pictured Seated: Braundie Kump, Magellan Title; Julie Krushensky, First American Title Insurance; Mike Morgan, Board of Directors Liaison, Realty Path South Valley; Terrie Lund, Northwest Title Insurance Agency; Lisa Kimmel, Founders Title Company. Standing: Sue Cragun, Magellan Title; Laura Palmer, director of events of Salt Lake Board of Realtors®; Pattie DeNunzio, North American Title; Barbara Breen, Daybreak; Diane Mouser, Northwest Title; and Chris MacPherson, Academy Mortgage Corporation.

Affiliates Making the Difference There are less than 400 affiliate members of the Salt Lake Board of Realtors®, yet their service is felt throughout the community.

By Dave Anderton

T

heir numbers make up only 4 percent of the total membership of the Salt Lake Board of Realtors®, but their contributions are colossal.

Whether it is a community service event, like Christmas in July, or a more formal setting like the annual Forecast Breakfast, affiliates can be found volunteering and making events a better experience.

“If the Realtors® are the brick, the affiliates are the mortar,” said Bill Heiner, a former president of the Salt Lake Board of Realtors® and Realtor® with West Jordan-based Cannon & Co. “They play a big part in the real estate profession and community.

They show up at all the events. I personally support those affiliates who support the Board.”

Barbara Breen, chairwoman of this year’s Affiliates Advisory Board, said affiliates enjoy supporting Realtor® members. “If you look at the events and committees, a lot of the participants are affiliates, whether they are mortgage

42 | Salt Lake Realtor ® | March 2016

lenders, appraisers, home inspectors, or title representatives,” Breen said. “Affiliates are involved in the background on all the Board of Realtors® events.”

The Affiliates Advisory Board is a 14-member panel of affiliate professional leaders who have been actively involved with the Salt Lake Board of Realtors® for a minimum of two years. The committee represents all affiliate members of the Salt Lake Board of Realtors®. The three main objectives of this committee are: (1) Increase awareness of the affiliate membership to the real estate community, (2) Provide affiliate members an opportunity to be actively involved with members of the Salt Lake Board of Realtors®, committees and task groups, and (3) Increase the number of affiliate members to the Salt Lake Board of Realtors®.

Bob Goodson, an affiliate member and account manager for Salt Lake-based United Title

Services, said the affiliates are the backbone of the Board’s 10 committees. Goodson serves as events chair for the Government Affairs/RPAC Committee.

“There’s a business component to why I serve, but I’m involved in RPAC because I believe in it,” Goodson said. “It affects all of our industries – real estate, mortgage and title. If things go bad for one, it goes bad for all.”

Some of the major events organized by affiliates are the annual Realtor® Ski Day, Christmas in July, and a special Appreciation Breakfast at the end of the year recognizing all of the Board’s committee members.

The Ski Day event typically draws 100 participants and includes a fun day on the slopes followed by a catered lunch. The event has been held for several years at Solitude Mountain Resort and Snowbird.

Christopher MacPherson, co-chair for Christmas in July Committee, is the newest member of the Affiliates Advisory Board. MacPherson has done humanitarian work in Mexico, Ecuador and Panama, helping to build homes and health clinics. For nearly two years he served in a fulltime position as humanitarian director for a Utahbased charity organization. When he rejoined the mortgage industry, he was looking for a way to

serve the community. He found it in Christmas in July, an annual event at The Road Home homeless shelter in downtown Salt Lake City that provides nearly 300 people basic daily living necessities.

Each individual receives a backpack filled with games, toys, books, back-to-school items, blankets, clothing and personal hygiene items. This is the sixth year MacPherson will take part in Christmas in July.

“It’s been a great experience in my life, for me and my family,” MacPherson said. “I wanted to get involved and work with Realtors®. It’s been a fantastic experience serving on the Affiliates Advisory Board.”

Dave Anderton is the communications director of the Salt Lake Board of Realtors®.

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and Congratulate him on being named

ROOKIE OF THE YEAR.

801-478-4545 | Ranliferealestate.com March 2016 | Salt Lake Realtor ® | 43

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Procuring Cause: Who Gets Paid?

November 2005 | By Howard Goldson

A

ngie is holding a busy open house, but she can’t fail to notice when Mary Magic walks in. Mary is 6 feet 8 inches tall and a professional basketball player. She seems very interested in the house: She spends a long time looking at the MLS data sheet Angie provided, tours the whole place, and asks Angie lots of questions about terms and financing. Angie is a fan of the Women’s National Basketball Association and recognizes Mary. They talk about the WNBA and Angie even gets Mary’s autograph—both in her address book and at the bottom of the agency disclosure form that informs Mary that Angie represents the seller.

The next day Angie receives a telephone call from Barry. He advises Angie that he’s a buyer’s agent and has an offer on the property. Angie doesn’t recall his ever making an appointment to show the property, but the offer is very attractive, and the owner agrees to accept it. It’s only after Angie receives the faxed contract from Barry that she realizes the buyer is Mary Magic. Angie then calls Barry to inform him that she’ll be claiming both the listing and the selling sides of the commission because Mary saw the house at the open house the previous day and asked all kinds

44 | Salt Lake Realtor ® | March 2016

of questions. Clearly, Angie asserts, that proves that she’s the procuring cause of Mary’s offer to purchase.

Barry contends he was the procuring cause of the sale. Although he acknowledges that he hadn’t shown Mary the inside of the house, he’d told Mary about the property and encouraged her to visit the open house. Barry knew the house well, since he’d sold it to the current owners. In addition, he’d driven Mary by the house after she’d attended the open house and before she made the offer. And as her buyer’s agent, he’d consulted with her concerning the value of the property and the terms and conditions of the offer she eventually made.

After the closing, the selling portion of the commission is placed in escrow with the Realtor® association, and Barry commences arbitration.

What it comes down to

The resolution of the dispute between Barry and Angie centers on the application of the legal doctrine of procuring cause. Procuring cause acknowledges that to earn a commission a broker (continued on page 48)

We made it to the top of the world—again!

CENTURY 21 Everest Realty Group

Congratulations to our 2015 award-winning top producers and to all 475 agents in four office locations serving Utah: Union Park, Centerville, Orem and St. George NASA Goddard Space Flight Center Image by Reto Stöckli

#1 CENTURY 21 Office in the World (2014, 2015) GRAND CENTURION® Producer Justin Udy Union Park

DOUBLE CENTURION® Producer

Austin Cales Union Park

Cody & Martha Emery Union Park

David Parker Union Park

Josh Johnson Union Park

Leslie Thorup Union Park

Congratulations to our top producing agents!

CENTURION速 Producer

Aaron Oldham

Alma & Jennifer Merrill

Amy Clark

Brenda Lee Jones

Brian & RuthAnn Noel

Chad Wagstaff

Chase Watts

Curtis Perry

Doug Cary

Erin Mehler

Evan Child

Heidi & Daren Castain

Jechelle Secretan

Jeff Leger

Jessica Terry

John Hunter

Jona Gamboa

Joseph Reardon

Justin Critchfield

Kody Watts

Kurt Matz

Matthew Johnson

Mike Cottle

Nikki Nunez

Philip Harvey

Rachel Green

Shane Sulz

Tammy & Kyle Jones

Orem

Union Park

Union Park

Union Park

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Union Park

Union Park

Union Park

Union Park

Union Park

Centerville

Orem

Union Park

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Orem

Union Park

Centerville

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#1 CENTURY 21 Office in the World (2014, 2015) CENTURION速 Honor Society Producer An individual producer who has achieved CENTURION level for a minimum of 5 out of 7 years.

Aaron Richardson Union Park

Masters Diamond Producer

Masters Ruby Producer

Amy Laster-Haynes, Orem Belladonna Riso, Union Park Brandon Plant, Union Park Brian Pitcher, Union Park Bryan McKinnon, Orem DeAnna Lee, Union Park Jeremy & Chris Fitzgerald, Union Park Leah Krueger, Union Park

Al Bernstein, Union Park Alicia Davis, Union Park Alex & Andrea Gardner, St. George Carolina Paz, Union Park Cheril Humphries, Union Park Derek Schulties, Union Park Jason West, Union Park Jenny Frame, Orem Jimmy Gibbs, St. George Jode Allen, Union Park Karla Patten, Orem Kevin Peterson, Union Park Lila Jessop, Union Park Lisa Street, Centerville Lourdes Brinton, Union Park Martha Andreasen, Centerville Matt Nielson, Union Park Nathan Affleck, Centerville Paul Ahotaeiloa, Union Park Ruby Reece, Union Park Scott Seybolt, St. George Shaun Hilton, Union Park Steve Evans, Centerville Susy Foster, Union Park Troy Critchfield, Union Park

Masters Emerald Producer Amy Wilson, Union Park Chantel Flanders, Centerville David Bemis, Union Park Geneva Tanner, Union Park Jason Carlson, Union Park Jeff Hansen, Orem Joanna Williams, Orem Joanne Anderson, Union Park Jonathan DeYoung, Centerville Mike Harris, Union Park Nancy Barton, Orem Rebecca & Jeff Seat, Union Park Ryan Larsen, Centerville Steve Henriod, Centerville Trent Hyde, Centerville Will Walk, Union Park

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or a salesperson doesn’t have to be present when the buyer and the seller ink the deal. Rather, brokers need only show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller. Generally, the law requires more than simply showing the property to the buyer. The broker or salesperson must have ignited an interest in the buyer that ultimately led to the purchase.

As is the case with most procuring cause disputes, the facts of this case aren’t clearcut. That’s because there are so many elements involved. Further, each element needs to be weighed, and the weight of each may be different for each arbitrator. If I were an arbitrator, I’d side with Barry, and here’s why.

Barry had established a relationship with Mary first, and that relationship was one of principal and agent. Although that fact by itself isn’t determinative, it’s a factor that must be considered. Angie, on the other hand, acted with Mary as a disclosed agent for the seller. Although that fact doesn’t necessarily mean that Angie didn’t initiate Mary’s interest in the property, it must also be considered in making a decision.

Barry alerted Mary about the open house and recommended that she see it. Presumably he knew what Mary was looking for in a house and had determined that the house might be the one Mary would purchase. Barry also described the house to Mary, thus painting a verbal picture of what she could expect to see. Whether Barry was the procuring cause at that point is still an open question. However, it’s clear Barry at least motivated Mary to go to the open house.

On the other hand, Angie was present when the house was shown, provided the MLS data

48 | Salt Lake Realtor ® | March 2016

sheet, and answered Mary’s questions. Those are important facts and provide strong evidence that Angie was the procuring cause of the sale.

However, it’s also a fact that Mary made no offer that day and didn’t express an interest in making an offer. Nevertheless, if the facts ended there, I would have voted for Angie.

What convinced me otherwise is Barry’s reentry into the picture before Mary made an offer to purchase. Barry drove Mary past the house again. Although he didn’t show the inside of the house—an important factor—he was fully familiar with the house layout and was in a position to discuss it with his client. Before Mary’s offer, Barry discussed the value of the property with Mary and what the terms and conditions of her offer should be. Only after that drive-by and that discussion did Mary make her offer. These are the factors that persuaded me to vote for Barry.

Am I absolutely certain that my vote is correct? No, but it’s based on the facts, and it’s rational.

Reprinted from Realtor® Magazine Online, November 2005, with permission of the National Association of Realtors®. Copyright 2005. All rights reserved.

Procuring Cause Myths

By Curtis A. Bullock

W

hat is procuring cause? Stated simply, an agent is the procuring cause and therefore entitled to the unilateral offer of compensation if he/she initiates an unbroken chain of events that results in a deal between the buyer and seller. Procuring cause myths: • “I showed the property, so I’m the procuring cause.”

• “I wrote up the offer for the client, so I’m the procuring cause.”

• “I have a Buyer Broker Agreement signed, so I’m the procuring cause.”

Procuring cause is not an exact science and is very fact intensive.

It requires one to consider all of these factors put together.

Not any one of them alone is outcome determinative.

Congratulations!

President’s Circle 2016

Veritas Funding would like to recognize and congratulate our Top Producers.

We would also like to thank all of the real estate partners, builders, and customers who made this possible.

We will be the BEST mortgage company to work for given the quality and integrity of our people who provide exceptional service to our clients and each other.

NMLS#252108

www.vfund.com

Housing Watch Home Sales Begin Year with Double-Digit Increases in Salt Lake and Davis Counties

H

ome sales in Salt Lake County started the year off right. Sales of all housing types (single-family, condominiums, townhomes and twinhomes) in January increased to 911 units, up 12 percent compared to 810 sales in January 2015, according to the Salt Lake Board of Realtors®.

Nationally, home sales increased 11 percent in January year-over-year, the largest year-over gain since July 2013, according to the National Association of Realtors®. “The housing market has shown promising resilience in recent months, but home prices are still rising too fast because of ongoing supply constraints,” said Lawrence Yun, NAR chief economist. “Despite the global economic slowdown, the housing sector continues to recover and will likely help the U.S. economy avoid a recession.”

Nearly 80 percent of homes sold in Salt Lake County in the month of January closed under $300,000. Only 6 percent of listings sold in January

6

3

Salt Lake County Sales (all housing types) Year-Over-Year (Up 12%)

810 50 | Salt Lake Realtor ® | March 2016

911

were above the $500,000 price point. Homes priced under $300,000 are quick to sell and often result in multiple offers, sometimes pushing asking prices higher.

A housing forecast report by the Salt Lake Board of Realtors® predicts total residential sales in Salt Lake County in 2016 to rise 11 percent.

The median price of homes sold in Salt Lake County in January increased to $239,000, a nearly 2 percent rise compared to a median price of $235,000 last year. The cumulative days on the market fell to 29 days in January, down from 54 days in January 2015.

In Davis County, home sales in January increased 11 percent to 288 units sold. The median price rose to $255,000, a 22 percent increase from a year earlier when the median price was $209,652. The cumulative days on the market in Davis County in January fell to 28 days, down from 59 a year ago.

Salt Lake County Median Price (all housing types) Year-Over-Year (Up 2%)

$235,000

$239,000

1

2

Salt Lake County Days on Market (all housing types) Year-Over-Year (Down 46%)

2 - C OLOR

Salt Lake County

Pending Sales (Down 9%)

29

54

1,257

Sales $

5 Davis County $255,000 4 Median Price (all housing types) Year-Over-Year (Up 22%)

1,149

Sales

Davis County Sales (all housing types) Year-Over-Year (Up 11%)

288

259

$209,652

March 2016 | Salt Lake Realtor 速 | 51

REALTOR® Connections

On the Move

Q&A: Braundie Kump Braundie Kump is the Best of 2015 Affiliate of the Year award winner. She is a sales and marketing representative for Magellan Title.

Q: What events, committees and causes have you been actively involved in at the Salt Lake Board of Realtors®?

A: When I originally joined the Board in 2009, I jumped into everything possible. I joined Shrimpfest, the Young Professionals Network, Kids Fest and the blood drive. Jumping in with both feet, I attended as many events as possible. The very first day I started in the title industry was the Women’s Council of Realtors® first Bras for a Cause event. What a fun event! Eventually I developed a passion for the charity aspect of each event. I joined Shrimpfest because of its contributions to the Christmas Box House. The fact that we work hard to give to our community is amazing.

Q: Why are you involved?

A: I originally got involved with committees to meet Realtors®. I had no idea I would create partnerships, friendships and participate in giving back to so many communities.

Q: What should Realtors® know about the Board’s affiliate members?

A: Your affiliate members are there to support you. We work diligently to earn your trust respect and your business. The affiliates on the Affiliates Advisory Board are affiliates that have volunteered many years to be recognized as a leader as a trusted affiliate. The best compliment you can give to the affiliate members is to become their business partner and send them your business.

Pictured: Terry Simmons (left), Shauna Madsen, Nancy Blum, Sherlyn Linschoten, Lori Fleming, Shelley Reynolds, Bob Goodson, and Kristen Price.

CRS Donates $2,500 to Family Promise The Council of Residential Specialists Utah Chapter in February gave a big check in the amount of $2,500 to Family Promise, an organization that helps homeless and low-income families achieve independence. “Family Promise is our charity,” said Terry Simmons, CRS-Utah Chapter president.

“They strive to facilitate lasting income and housing stability for families that have fallen on hard times.” CRS raised the money last year by selling tickets for drawings for iWatches.

52 | Salt Lake Realtor ® | March 2016

Kim Farber-Bowen

Kye Pope

Kim Farber-Bowen and Kye Pope have joined forces to launch IMPOWER Real Estate! Together Kim and Kye have nearly 30 years of experience in the residential real estate profession. Look for an upcoming announcement on the brokerage’s grand opening.

Impower Real Estate is located at 8899 South 700 East in Sandy. You can contact them at impowerrealestate.com.

Coldwell Banker Residential Brokerage announced that it will sponsor a new relocation college scholarship program to help a deserving student with college expenses. The winning student will receive $2,000 towards the college of his or her choice. All high school students set to graduate in the spring semester of 2016 who meet the eligibility requirements are invited to submit an original and thoughtful essay of 1,000 words or less exploring the topic of relocation. Essays will be accepted starting March 1 of this year and must be submitted no later than June 15 in order to be considered.

For more information regarding the Coldwell Banker Residential Brokerage Relocation Scholarship Program, please contact Kathy Denning at 925.771.5273 or kathy. denning@westrsc.com.

Exit Realty Plus in Midvale welcomes the following new Realtors®: Bonnie Warnock, Connie Baker, Jennifer Okobia, Steve Gill, Kristin Covili, Jody Ellis, Aaron Brent, Stephen Ruegg, Valoy Kohlmann, and Kirsten Mason.

CONGRATULATIONS

are in order

2015 was a BIG YEAR for Equity Real Estate with an amazing 8,890 transactions (that’s 18.23% market share), an enviable average home sale price that was 6.13% above the average in Utah, and an average of over $51,000.00 paid to Equity REALTORS® in profit share each and every month!

We’d like to publicly recognize some of our top producers and most productive branches by way of saying thank you to all who made this possible.

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Nathan Poulsen Brent Williams Troy Hodell Dan Crawley Kenny Parcell

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Congratulations to our Quality Service Producers for their outstanding customer service.

Quality Service Producer Aaron Christensen, Union Park Aaron Oldham, Orem Alexis Dammaschke, Union Park Amy Caputo, Union Park Amy Clark, Union Park Amy Laster-Haynes, Orem Austin Cales, Union Park Belladonna Riso, Union Park Brandon Plant, Union Park Brenda Lee Jones, Union Park Bryan McKinnon, Orem Cheril Humphries, Union Park Cody & Martha Emery, Union Park David Eggett, Union park Evan Child, Union Park Jason Bible, Union Park Jeff Hansen, Orem Jessica Terry, Union Park Jim Cannon, Orem Joanna Williams, Orem Josh Johnson, Union Park Philip Harvey, Union Park Rebecca & Jeff Seat, Union Park Ryan Larsen, Centerville Shaun Hilton, Union Park Stefanie Barnes, Union Park Steve Evans, Centerville

For the second year in a row, the CENTURY 21® brand ranked “Highest Overall Satisfaction for First-Time and Repeat Home Buyers and Sellers” by J.D. Power. Congratulations again to our many driven agents.

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