S
ce W IE lina ren pg. 16 EV aro nfe , SC | PR 15 C 速 Co Head 20 ORS Hilton T | AL -15 RE ept. 12
THE VOICE OF REAL ESTATE IN NORTH CAROLINA
VOL 94 NO 2 | SUMMER 2015
How New Policies Impact NC REALTORS速 REALTORS速 + RALEIGH = RESULTS A photo recap of the successful 2015 NCAR Legislative Meetings.
Brand New: GRI Program
The all new Graduate REALTOR速 Institute provides a strong foundation for you to build your business.
+
HUD-1 GOING AWAY
HOMEOWNERS INSURANCE REFORM 2016 CANDIDATES AND ELECTION INFO
NCREALTORS.ORG
The Next Great Revenue Stream Real Estate Agents understand the importance of referrals. They spend much of their time cultivating relationships and invest a large amount of money marketing to homeowners and buyers. Now Real Estate Agents can create a new revenue stream at very little cost by marketing for Agent to Agent referrals. Listing Agents are the target market because they represent homeowners that are usually moving out of the Listing Agent’s service area. According to a recent U.S. Census Bureau report on moves, about 51% of residents move to a different county or out of state, and even when homeowners move within the same county, many if not most are moving to an area outside the service area of their Listing Agent. One U.S. Census Bureau report indicated that more than 50% of the top 10 most common state-to-state moves were between neighboring states. A nationwide advertising campaign is underway to create a national directory of Real Estate Agents interested in getting referrals from other Real Estate Agents. This marketing platform will provide Listing Agents easy access to multiple agents in a single search. By simplifying the search process, Listing Agents will be more apt to refer their clients (homeowners) to another Real Estate Agent to help them find a replacement home. If you want to increase your sales volume in 2015 and beyond, take advantage of this new Internet portal that will connect Listing Agents with Buyer Agents throughout the country. Act quickly because there is an important benefit to early enrollment. To get referrals from Listing Agents, and learn about the extra benefit of early enrollment in the national referral directory, visit REAgentReferrals.com.
Summer 2015
[CONTENTS]
20
NationBuilder Creates Strong Community for the Alliance
8
Departments
Members represented NCAR well on Rally Day in Raleigh.
4
President’s Message
5
Something to Talk About HUD-1 Going Away, Numbers to Note and Upcoming Events
18 Spotlight Homeowners Insurance Reform
Features 8
REALTORS® + RALEIGH = RESULTS
20
Inside NC REALTORS® 2016 Candidates and Election Info, NC Homeowners Alliance and Awards and Recognition
PHOTO RECAP: NC REALTORS® exercised their grassroots political power in Raleigh during the 2015 NCAR Legislative Meetings.
24 Commercial Determining the Best Business Fit for a Location
11
Creating a “Neutral” Internet for Everyone
26
COVER : How the new net neutrality policies will positively impact NC REALTORS®.
14
Brand New: GRI Program The all new Graduate REALTOR® Institute provides a strong foundation for you to build your business.
WE NEED
YOU
!
REALTOR® Partner Program
30
27 Political Action Committee RPAC: Helping Your Industry 28 Forms Guy Due Diligence Ain’t Over ‘Til it’s Over 30 Tech Tools Quick Tips: Video
Have something to talk about? Sure you do — and we want to hear it! Send your stories of success, laughter or inspiration to bwilburn@ncrealtors.org and you could be featured in the next Insight!
ncrealtors.org • INSIGHT 3
President’s MESSAGE
It’s an exciting time to be working in real estate. Home sales and home prices are climbing, representing an encouraging start to the first half of 2015. The combination of lower interest rates and the ongoing stability in the job market is improving buyer confidence – a welcome shift in our industry. As you’ll see in the pages to follow, this forward momentum is reflected in what’s happening in your association. It is a busy time for us all. Despite your hectic schedule, I hope you’ve slowed down long enough to register for The Carolina REALTORS® Conference this September in Hilton Head, S.C. This event is generating a lot of buzz as we look forward to reconnecting with our South Carolina REALTOR® peers again. This summer also brings a major shift in the way we do business. Specifically, there are big changes to the closing process coming August 1. This will impact us all. I encourage you to take the time to prepare for these changes with the many available resources through NCAR, NAR and other affiliated groups. It is our duty to make sure our clients are prepped earlier and our sellers are committed to abiding by their agreement. We should add a few weeks to our typical closing time and schedule walkthroughs earlier to allow some leeway for unexpected issues that may arise. Close communication between everyone involved will be critical during the closing process. NC REALTORS® continue to prove to be a powerhouse for our great state. Over the past few months, we have joined forces in Raleigh for the NCAR Legislative Meetings and then again a month later in our nation’s capital, with the sole purpose of talking to our legislators about critical issues affecting our industry. But, our efforts don’t stop there. It is our responsibility to support reforms to homeowners insurance. For months now, we’ve been encouraging you to sign and share the NC Homeowners Petition. We’ve had a tremendous amount of support from members of the general public. Now, I ask again for your involvement. NC REALTORS® need to be the grassroots leaders of this effort. We can be more persuasive on the issues that impact our industry, our livelihood and our communities. Please sign the petition today. Let’s all do our part in Building the NC REALTOR® Nation.
Insight Magazine, Volume 94, Issue 2 President Tony Smith
Treasurer Treasure Faircloth
President-Elect Kim Dawson
Immediate Past President Tomp Litchfield
REGIONAL VICE PRESIDENTS Region 1: David Perrot, Kill Devil Hills; Region 2: Jody Wainio, Wilmington; Region 3: Bruce Gates, Goldsboro; Region 4: Greg Payne, Durham; Region 5: Amy Hedgecock, High Point; Region 6: Phil Rector, WinstonSalem; Region 7: Marsha Jordan, Lincolnton; Region 8: Alison Royal-Combs, Leslie Fisher, Charlotte; Region 9: David Wall, Asheville; Region 10: Linda Trevor, Jose Serrano, Raleigh; At-Large: Stephanie Walker
Chief Executive Officer Andrea Bushnell Editor Blair Wilburn Assistant Editor/Designer Mckenzie Hamrick Contributors Nicole Arnold Ellie Edwards Mike Landes Emily Line
Will Martin Bridget McCrea Kristin Miller
For Advertising information, contact Mike Buescher at 336-808-4229 or mbuescher@ncrealtors.org. Insight (USPS 017602) is published four times a year during the months of March, June, September and December by the North Carolina Association of REALTORS®, 4511 Weybridge Lane, Greensboro, NC 27407. Member subscriptions of $2.89 are covered by annual membership dues. POSTMASTER: Send address changes to Insight Magazine; 4511 Weybridge Lane, Greensboro, NC 27407. This publication is designed to provide accurate and authoritative information regarding the subject matter covered. Articles which appear in Insight are an informational service to members. Their contents are the opinions of the authors alone and do not necessarily represent those of the North Carolina Association of REALTORS®. Advertising of a product or service does not imply endorsement, unless specifically stated. Prefer to read Insight electronically? To opt-out of paper copy mailings, email ncar@ncrealtors.org with a subject line of “Insight opt-out.”
Tony Smith 2015 President
4511 Weybridge Lane, Greensboro, NC 27407 Phone: (336) 294-1415, Toll Free: (800) 443-9956
ncrealtors.org
4 INSIGHT • Summer 2015
[SOMETHING TO TALK ABOUT]
300 The number of Big changes are coming to the closing process on August 1. Now is the time to familiarize yourself with the new forms and learn about the new procedures. Take a look at two ways closing procedures will change the way you do business.
FORMS CHANGES
NC REALTORS® who rallied in Raleigh during the NCAR Legislative Meetings. (pg 8)
7 The number of
principles NAR supports to guide lobbying efforts on net neutrality. (pg 12)
60 Hours of GRI
PROCESS CHANGES
The protection of NPPI (nonpublic personal information) required by law will lead to changes in the way brokers and closing attorneys communicate information relating to closings and the way in which closings take place at the closing attorney’s office.
credit requird to earn the Graduate REALTOR® Institute Designation. (pg 14)
$20,000
What this means to you
Amount raised during RPAC’s “Red, White and Blues” event in April. (pg 27)
Setting the clients’ expectations will be an important role for brokers.
5 The number
Brokers will need to work closely with closing attorneys to ensure: • The protection of buyers’ and sellers’ NPPI • The closing will take place in as timely a manner as possible
MORE
INFO
For more information, be sure to check out the recording of our May Webinar Wednesday: The Demise of the HUD-1: Will You Be Ready August 1st? available on our YouTube channel. Or, visit realtor.org/respa for additional resources. The 2015-2016 NC Real Estate Commission Update Course will also address the subject in detail.
of tips NCAR member Zach Schabot offers for shooting video. (pg 30) ncrealtors.org • INSIGHT 5
EVENTS
[SOMETHING TO TALK ABOUT]
July 14-15 Leadership Academy Mid Pines Resort, Southern Pines
July 19-21 2015 Regional AE Conference The Ballantyne Hotel & Lodge, Charlotte
Register at regionalaeconference.com
September 12-15 The Carolina REALTORS® Conference Hilton Head Marriott Resort & Spa Hilton Head Island, SC Back by popular demand, NCAR is once again joining forces with the SC REALTORS® for a special event. This year we have exciting new education sessions to help improve your business and your workday.
Register at reconnectcarolinas.com
WEBINAR
WEDNESDAYS Join us every second Wednesday for a FREE online educational experience, designed to increase your confidence and help you succeed at any stage of your real estate career. All you need is your computer! Check our online calendar for upcoming sessions.
ncrealtors.org 6 INSIGHT • Summer 2015
REFRESH RECHARGE RECONNECT Check out our Conference Preview
pg.16-17
North Point Chrysler Jeep Dodge Ram Winston-Salem - (336) 759-0599
Westgate Chrysler Jeep Dodge Ram Raleigh - (919) 865-5000
Sport Durst Chrysler Dodge Jeep Ram Durham - (919) 489-6531
East Carolina Chrysler Dodge Jeep Ram Greenville - (252) 355-3333
Hendrick Chrysler Dodge Jeep Ram Concord - (704) 456-3000
Lake Norman Chrysler Jeep Dodge Ram Cornelius - (704) 896-3800
Keffer Chrysler Jeep Dodge Ram Charlotte - (704) 532-1050
Bleecker Chrysler Dodge Jeep Ram Dunn - (910) 892-1800
Neuwirth Chrysler Jeep Dodge Ram Wilmington - (910) 799-1815
Hendersonville Chrysler Dodge Jeep Ram Hendersonville - (828) 692-8777
1
REALTORS® + RALEIGH = 2
Results NC REALTORS® exercised their grassroots political power in Raleigh during the 2015 NCAR Legislative Meetings. Here are just a few pictures from the successful week: 1) Charlotte Regional members met with Representative Rob Bryan outside his office in the Legislative Building. 2) Over 300 REALTORS® from across the state packed into the Legislative Building auditorium to hear from leaders like House Speaker Tim Moore. 3) Johnston County Association members stopped for a picture in the Legislative Building. Photos by Robin Cooper Photography
3 8 INSIGHT • Summer 2015
4
5
6
7
4) Winston-Salem Regional members met with their elected officials. Here, REALTOR® Lou Baldwin explains key issues with Senator Joyce Krawiec. 5) Land of the Sky members represented NCAR well on Rally Day in Raleigh. 6) NCAR President Tony Smith, REALTOR® Maren Brisson-Kuester, Senator Jeff Jackson and REALTOR® Jessica Brown talk about the issues that affect Charlotte REALTORS® at the Legislative Reception. 7) Senator Jane Smith chatted with REALTOR® Danny Brock at the Legislative Reception. 8) REALTORS® Alison Royal-Combs, Leslie Fisher and Julie Tache enjoy the reception. 9) REALTORS® Linda Trevor, Kathy Carpenter, Lolita Malave take a quick photo with Senator Rick Gunn at the reception. For more photos, visit Facebook, Twitter and Instagram. Remember to use #NCARLM.
9
8 ncrealtors.org • INSIGHT 9
2015 Annual Sponsors DIAMOND
®
PLATINUM
GOLD America’s Preferred Home Warranty, zipLogix, RE/MAX Carolinas Region, Two Men And A Truck, J.Y. Monk Real Estate School
SILVER CoreLogic 10 INSIGHT • Summer 2015
The North Carolina Association of REALTORS® would like to thank all 2015 Annual Sponsors.
Because the business of real estate is increasingly conducted online, net neutrality practices are essential to ensuring that real estate content may be freely and efficiently distributed online.
Creating a “Neutral” Internet for Everyone BY: BRIDGET MCCREA In November, President Obama asked the Federal Communications Commission (FCC) to take up the strongest possible rules to protect net neutrality, the principle that says Internet service providers (ISPs) should treat all Internet traffic equally. At issue was a proposed set of FCC rules that would create a “twotiered Internet” by allowing ISPs to charge subscribing companies a premium to boost website download speeds. The FCC rules didn’t sit well with a number of industries, real estate included. Shorthand for the concept that Internet users should be in control of what content they view and what applications they use on the Internet, net neutrality requires that broadband networks be free of restrictions on content, sites or platforms. With net neutrality regulations in place, networks would not be able to restrict the equipment that may be attached to them, nor the modes of communication allowed on them. Finally, they would also have to ensure that other communication streams do not unreasonably degrade communication. The National Association of REALTORS® immediately spoke up on opposition of the proposed rules. In a comment letter to the FCC in late 2014, for example,
the organization described the negative impacts that it would have on the real estate industry and the hundreds of thousands of independent, REALTOR®-owned businesses. “Because the business of real estate is increasingly conducted online, net neutrality practices are essential to ensuring that real estate content may be freely and efficiently distributed online,” according to NAR, which continues to advocate to the FCC for an open and free Internet. OPEN INTERNET ORDERS Melanie Wyne, NAR’s senior technology policy representative, says the net neutrality issue dates back to 2006, when the FCC issued “Open Internet Orders” under the Bush Administration. “These orders were issued as principles that the FCC later tried to implement as regulations,” says Wyne. “When that happened, the Comcasts and Verizons of the world filed a lawsuit claiming that the FCC didn’t have the proper authority to issue those regulations.” The court agreed with the ISPs — a move that pushed the FCC to revise the rules and reissue new policies around net neutrality. “Since then, there’s basically been an [ongoing] court battle challenging the FCC’s authority to actually implement its rules,” Wyne says. In 2010, for example, the FCC issued new rules and was promptly sued again by the ISPs. Under those rules, broadband providers were “prohibited from blocking lawful content, applications, services and the connection of non-harmful devices to the network.” Wireless broadband providers, however, were allowed more flexibility, reflecting the technical ncrealtors.org • INSIGHT 11
NAR’s 7 Net Neutrality Principles limitations on the amount of traffic a wireless network can handle. The net neutrality issue heated up again in 2013 when the U.S. Court of Appeals for the District of Columbia in January ruled that key elements of the FCC’s 2010 Open Internet Order were invalid. At that point, ISPs were free to charge content companies higher fees to deliver Internet traffic faster or otherwise more efficiently. FAST LANES PROPOSAL In May 2014, a new FCC commissioner issued a new “Internet fast lanes” rule for comment. Had it been enacted, the rule would have allowed large content providers like Netflix, Facebook and others to negotiate separate, exclusive deals with ISPs to carry their content on faster connections. According to Wyne, NAR was concerned about the FCC’s “fast lanes” proposal and commented in opposition to the proposed rule. The organization took a strong position on the issue based on the premise that the business of real estate is increasingly conducted online. Streaming video, virtual tours and voice-overInternet-protocol are just some of the technologies that are commonly used by real estate professionals today, says Wyne. NAR also looked at how a company like Zillow might be able to broker an exclusive deal with an ISP like Verizon or Comcast that would give consumers faster access to Zillow’s website — versus another competing site that didn’t have an exclusive deal in place. “We understand that our members are online content providers who reach consumers via the 12 INSIGHT • Summer 2015
Internet,” says Wyne. “If your competitor can get to consumers faster — or have a website that loads more efficiently and is easier to navigate — that puts you at a competitive disadvantage.” KEEPING THE INTERNET OPEN In February, the FCC approved new net neutrality rules, which gives the commission strong legal authority to regulate broadband providers more heavily than in the past and restrict their power to control download speeds on the web. The new rules ban Internet providers from blocking or slowing any traffic and from striking deals with content companies, known as paid prioritization, for smoother delivery of traffic to consumers. The new rules are a victory for consumers, according to Wynne, and for “REALTORS® who embrace technology and online resources to meet the needs of their clients.” “REALTORS® welcome the passage of the FCC’s new rules to protect true net neutrality, which are essential to the modern business of real estate that is increasingly conducted online,” said Chris Polychron, NAR’s current president, in a press release. “NAR is pleased that the FCC will implement net neutral practices and prohibit paid prioritization, which would have created a two-tiered Internet and put REALTORS® and other small business owners at a competitive disadvantage,” he said. “The new rules are a victory for consumers, and for REALTORS® who embrace technology and online resources to meet the needs of their clients.”
NAR supports seven principles to guide lobbying efforts on any legislation to require broadband providers to adhere to net neutral practices: are entitled 1. Consumers to access the lawful Internet
content of their choice.
2.
Consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement.
are entitled to 3. Consumers connect their choice of legal
devices that do not harm the network.
are entitled to 4. Consumers competition among network
providers, application and service providers and content providers.
providers should not 5. Network discriminate among internet
data transmissions on the basis of the source of the transmission as they regulate the flow of network content.
providers must 6. Broadband be transparent about the
service they provide and how they run their network.
principles should apply 7. These to both wireless and wireline networks.
Building futures. One home at a time. At BB&T, our local lenders keep us close to our clients. And our commitment to outstanding service helps make buying a home a little easier. So when you’re looking to buy, build, renovate or refinance a home, look first to BB&T. Our door is always open to share more than 140 years of financial knowledge – helping thousands of clients open doors of their own. Let’s get started today. BBT.com/Mortgage
B A N K I N G
.
I N S U R A N C E
.
I N V E S T M E N T S
Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender. Loans are subject to credit approval. Only deposit products are FDIC insured. © 2015, Branch Banking and Trust Company. All rights reserved.
BRAND NEW!
60 hours of GRI credit is required to earn the Graduate REALTOR® Institute Designation — that includes 48 hours of GRI Core classes and 12 hours of GRI Elective classes.
GRADUATE REALTOR® INSTITUTE
GRI CORE {
Live Core Courses {32 hours) ABC’s of Financing* Balancing Business Risks & Ethics*
It takes more than motivation and initiative to succeed in today’s competitive market. The all new Graduate REALTOR® Institute provides a strong educational foundation for you to build your business and stay upto-date on the latest real estate trends and standards. Take control of your future — become a GRI!
Business Planning Technology Tools & Resources
GRI made a profound difference in my real estate career. The program provided quality instructors and courses which helped my business. Education is the key to real estate success. — Ronnie Thompson, GRI1988 2004 NCAR President I wish I had completed my GRI training when I first received my real estate license. I learned so much by trial and error and then when I started attending GRI classes, I thought, really?! I should have done this earlier! Being exposed to many different aspects of the real estate business broadened my horizons and made me want to expand my current business models to incorporate these opportunities. I am so grateful for the additional learning that I received through the GRI program.” — Kathy Pierce, GRI 2013
Great Reasons to
Get Your
GRI 14 INSIGHT • Summer 2015
}
48total hours
1. 2. 3. 4. 5.
Onine Core Courses {16 hours) Mastering Real Estate Negotiations* Meeting the Needs of Buyers & Sellers* Successful Buyer Client Systems*
Successful Seller Client Systems* *Also counts as 4 Hours Elective CE
Make more money Develop self confidence Learn time management and organization skills Build a solid foundation of real estate knowledge Create a successful business plan
6. Gain financial knowledge to assist clients 7. Develop negotiation skills 8. Stand out among peers 9. Gain keen awareness of ethical and legal issues 10. Understand the ‘how tos’ of being a REALTOR®
GRI ELECTIVE {
}
12 total hours
Choose any option below: Please note that options are not mutually exclusive and can be combined to reach the 12 hour elective requirement.
Option 1: Online Courses • •
Tax Considerations for Home Owners (4 hours) Contract Law for Real Estate Professionals (4 hours)
Option 2: NAR Certifications/Designations 4 Credit Hours (Course completion must be within the last 5 years)
• Generation Buy • Military Relocation Specialist • New Home Construction (MRP®) & Buyer Representation • Resort & Second-Home Property • Real Estate Marketing Reboot Specialist (RSPS®) • e-PRO® • Short Sales & Foreclosure • At Home with Diversity (AHWD®) Resource (SFR®) • Broker Price Opinion Resource (BPOR®) 12 Credit Hours (Course completion must be within the last 10 years)
• Accredited Buyers Representative (ABR®) • Seller Representative Specialist (SRS®) • Seniors Real Estate Specialist (SRES®) • Accredited Buyer Representative Manager (ABRM) • Certified Commercial Investment Member (CCIM)
• Certified International Property Specialist (CIPS®) • Certified Property Manager (CPM®) • Certified Real Estate Brokerage Manager (CRB) • Certified Residential Specialist® (CRS®) • Society of Industrial and Office REALTORS® (SIOR®)
Option 3: Transaction Credit
• 1 transaction = 2 hours of elective credit • Students can use up to 6 transactions for elective credit totaling 12 hours
Option 4: GRI Credit
If you have completed courses from the previous GRI program (2011-2013), those course credits will count as electives in the new GRI program. NCAR will match hour for hour from the previous program with the new. Courses taken prior to 2011 do not meet this requirement.
Designation Q&A What does the GRI designation stand for? Graduate REALTOR® Institute - The most recognized professional designation in the real estate industry. Who offers the GRI? The North Carolina GRI program is owned by the NC Association of REALTORS®. Courses are offered by local associations in their market areas. You may take a course at any local association offering. Are there any prerequisites for the GRI designation? Only that you are a member of the National Association of REALTORS®. How is the curriculum designed? The curriculum is tailored to meet the needs of our members, and to meet the educational standards established by the National Association of REALTORS®. A total of 60 hours of training must be accumulated to be awarded the GRI designation. (4 Live Classes, 4 Online Classes, 12 Hours of Elective Credit) Do I earn CE credit? Many of the GRI classes contain elective CE credit. What are the designation requirements? You are permitted to market yourself as a GRI after completing the steps listed below: • Complete 60 hours of coursework within five (5) years. • Receive a passing grade of 75% or above for each course examination and adhere to the attendance policy. • Hold membership in the National Association of REALTORS®. • Submit the GRI Designation Application online How long will it take to complete the designation? You have a limit of five years to complete coursework from the date that you take your first class. Is there an annual fee to maintain the GRI? No, the GRI is the only REALTOR® designation that does not require an annual fee.
Option 5: NCAR Convention & Expo
Attend NCAR Annual Convention & Expo while enrolled in GRI program and earn 4 hours of elective GRI credit. Curriculum as of 5/11/15
Log on ncrealtors.org for more detailed information and available course schedule ncrealtors.org • INSIGHT 15
GET READY TO
RECONNECT THE CAROLINA REALTORS速 CONFERENCE SEPTEMBER 12-15, 2015 | HILTON HEAD MARRIOTT
REGISTER BY JULY 15
TO ENJOY EARL Y BIRD SAVINGS
RECONNECTCAROLINAS.COM
REC NNECT THE CAROLINA REALTORS速 CONFERENCE SEPTEMBER 12-15, 2015 | HILTON HEAD, SC
Make the most of your time and have some fun at the many networking and special events available.
Opening Session & Keynote Address SUNDAY, SEPT. 13
Not your typical keynote presenter, Marcus Sheridan is known as one of the most interactive speakers in the world. His story resonates with the masses and he is an expert in offering ways to dramatically improve sales and marketing communication by teaching his audience how to create buy-in from inbound and content marketing. Don’t miss “The Game has Changed: How to Thrive in a Digital World” on Sunday.
SUNDAY, SEPT. 13 • Expo Grand Opening: Discover the latest products and services from over 70 exhibitors. There’s also a chance to win $500! • Opening Evening Reception: Mix and mingle with REALTORS® from across the Carolinas and strike a pose with your friends in our photo booth. MONDAY, SEPT. 14 • RPAC Trivia & Auction: Back by popular demand, join NC REALTORS® and support NC RPAC at the third-annual trivia event. See full schedule at reconnectcarolinas.com.
REcharge Terry Watson The Yelp Effect; Easify 101
Amy Smythe Harris Mobile Agent 101 Mobile Agent 201
Laurie Davis Sites to Set Your Sights On Building Your Brand
This year’s conference is charged and ready to showcase new and improved technologies to help you increase productivity and make more money! Get ready to take your business to the next level with tech-savvy speakers and sessions. Learn more about this year’s fantastic educational lineup, plus exclusive sessions for Broker Managers and Property Managers at reconnectcarolinas.com.
refresh Enjoy an island escape at the Hilton Head Marriott Resort & Spa. Rooms are available on a first-come, first-serve basis and the block is filling quickly. Make your plans and register today!
ncrealtors.org • INSIGHT 17
SPOT LIGHT
HOMEOWNERS INSURANCE REFORM BY: NICOLE ARNOLD | DIRECTOR OF POLITICAL COMMUNICATIONS AND LOCAL GOVERNMENT AFFAIRS
W
hen a property owner opens his home insurance bill, he expects to see competitive rates for coverage of his most valuable asset. Unfortunately, what a homeowner sees is increasingly different from what he expects. The unpleasant surprise of a premium increase often awaits the homeowner upon his term renewal. In North Carolina, insurers have pushed for these increases for the past two years. In 2013 rates rose an average of 7 percent across the state. In 2014 the insurance industry requested an average statewide rate increase of 25.6 percent. Insurance Commissioner Wayne Goodwin rejected the insurers’ request and called for a public hearing. Under current law the Insurance Commissioner cannot order overall rate reductions, even if he feels it is justified. NCAR supports legislation that reforms homeowners insurance in three key areas: providing the Commissioner enhanced authority, changing the rate-setting process and limiting the use of “consent to rate” letters. Currently, insurers use modeling software that relies on outof-state data. NC REALTORS® want insurers to review in-state, historical records. Employing accurate data should guarantee that transparency and fairness return to the rate-calculating process. NCAR also supports legislation that prohibits the practice of “consent to rate” letters, with limited exceptions. These ultimatums enable insurers to cancel coverage if an owner does not agree to the rate quoted in the bill. A legal loophole in North Carolina law allows insurers to charge rates higher than the maximum permitted by the Insurance Commissioner. NCAR wants insurers to adhere to the Commissioner’s decisions without undermining the rate-making process through “consent to rate” letters. 18 INSIGHT • Summer 2015
NCAR has worked for years toward a goal of keeping homeowners insurance available and affordable for working families. Now is the time for legislators to pass meaningful insurance reform. 2015 President Tony Smith has campaigned tirelessly on behalf of homeowners this year. At a press conference this spring, Smith explained, “NCAR has worked for years toward a goal of keeping homeowners insurance available and affordable for working families. Now is the time for legislators to pass meaningful insurance reform.” Legislators responded to REALTOR® advocacy and our call for reform by filing no fewer than five bills on this topic in the 2015 Session. These bills seek to protect consumers by enhancing the powers of the Insurance Commissioner, reforming the rate-calculating process and limiting the use of “consent to rate” letters. Representatives from the NC Homeowners Alliance have applauded legislative reform efforts. “As a homeowner, my family feels the direct impact of any increase in our homeowner’s insurance,” said Raleigharea resident Emily King. Joining Smith at a press conference, King pointed to the need for “fair and equitable insurance rates” that “help North Carolina families in a still-recovering economy.” Smith consistently speaks of the collective voice of NC REALTORS® to effect positive change for the public and the industry. He refers to the “NC REALTOR® Nation” as a force for protecting private property rights. “NC REALTORS® and Homeowners
Alliance grassroots volunteers are on standby,” said Smith. “It’s time to provide homeowners with the protection they so desperately need.”
Thank You! Below is a list of legislators who have worked for homeowners insurance reform in 2015. NCAR thanks them for their efforts. SENATORS • Tom Apodaca (Hendersonville) • Harry Brown (Jacksonville) • Bill Cook (Washington) • Fletcher Hartsell (Concord) • Brent Jackson (Autryville) • Mike Lee (Wilmington) • Andy Wells (Hickory) REPRESENTATIVES • John Bell (Goldsboro) • Mike Hager (Rutherfordton) • Darren Jackson (Raleigh) • David Lewis (Dunn) • Chris Millis (Hampstead) • Mitchell Setzer (Catawba) • Paul Tine (Kitty Hawk)
Contact Nicole Arnold at narnold@ncrealtors.org.
[INSIDE NC REALTORS®]
2016 Candidates and Election Information Please note: The candidates listed here have not been certified by the NCAR Certifying/Recruiting Committee. The deadline for receiving candidate applications was March 27 and there has not yet been time to complete the required background/financial audits required by Association policy before candidates are considered by the NCAR Certifying/Recruiting Committee. PRESIDENT-ELECT (Vote for one candidate) Kirk Booth Land of the Sky Association of REALTORS®
Treasure Faircloth, GRI, ePRO, CRS Winston-Salem Regional Association of REALTORS®
TREASURER (Vote for one candidate) Kelly Marks, CRS, GRI, ABR Greensboro Regional REALTORS® Association
FINANCE & BUDGET COMMITTEE (Vote for three candidates)
Tomp Litchfield, CSSS Washington-Beaufort County Association®
Stephen P. Long Winston-Salem Regional Association of REALTORS®
Wilson Sherrill Brunswick County Association of REALTORS®
Cindy Chandler, CCIM, CRE, DREI Charlotte Region Commercial Board of REALTORS®
Treasure Faircloth, GRI, ePRO, CRS Winston-Salem Regional Association of REALTORS®
Sandra O’Connor, ABR, AHWD, CRB, CIPS, GRI Greensboro Regional REALTORS® Association
Ronnie Thompson, CRS, e-PRO, GRI Burke County Board of REALTORS®
Stephanie Walker, CRS, GRI, RSPS, SFR, SRES Outer Banks Association of REALTORS®
Bruce Williams, CRS, GRI, AHWD, ePro Brunswick County Association of REALTORS®
Mary Edna Williams, GRI, CRB, CRS, ABR, CDPE, CLHMS
Carteret County Association of REALTORS®
REGION 2 Sherri Pickard, GRI, SFR Wilmington Regional Association of REALTORS®
REGION 5 Lolita Malave, GRI, ePro, Certified Military Specialist Greensboro Regional REALTORS® Association
REGION 7 Todd Pierceall Gaston Association of REALTORS®
Myra Zollinger, GRI, CRS
Charlotte Regional REALTOR® Association
REGION 10 ISSUES MOBILIZATION COMMITTEE
Asa Fleming, SFR, AHWD
(Vote for one candidate.)
Raleigh Regional Association of REALTORS®
Cheryle Cheek Brunswick County Association of REALTORS®
Danny Brock, ABR, CRB, CRS, SRES, e-Pro
Ryan Crecelius
20 INSIGHT • Summer 2015
REGION 1 Kathleen Perry, GRI
REGION 8
Neuse River Region Association of REALTORS®
Wilmington Regional Association of REALTORS®
REGIONAL VICE PRESIDENTS (Vote for one candidate per region.)
Joe Rempson, AHWD, CCIM, CPM, ePRO, GRI
NAR DIRECTORS
Tom Barton, NCCREA
Greater Chapel Hill Association of REALTORS®
Raleigh Regional Association of REALTORS®
Raleigh Regional Association of REALTORS® (Number of candidates to be elected will be determined after July 31, 2015. We are anticipating the election of 5 or 6 directors.)
Mark Zimmerman
Wilmington Regional Association of REALTORS®
Visit ncrealtors.org for more information and detailed candidate bios. Voting will take place online from August 24-27.
Kirk Booth
VOTE For proven
“CLICK FOR KIRK”
2016 clickforkirk.com
in August 2015
NCAR president elect
VOTE FOR TREASURE!! August 24-27
2016 President-Elect North Carolina Association of REALTORS®
TREASURE A. FAIRCLOTH NCAR 2012 - 2015 TREASURER
EXPERIENCE • LEADERSHIP • TRUST DEDICATION • EXCELLENCE ncrealtors.org • INSIGHT 21
Most importantly, NationBuilder provides the Alliance with the ability to grow its grassroots movement quickly and effectively. Contact Mike Landes at mlandes@ncrealtors.org.
NC HOMEOWNERS ALLIANCE
NationBuilder Creates Strong Community for the Alliance BY: MIKE LANDES | DIRECTOR OF POLITICAL OPERATIONS
O
ne of the hallmarks of a successful public organization is a strong communications strategy. Any organization can garner signatures for a petition or sign-ups to its online platform. The best organizations cultivate relationships with their supporters and maintain a steady line of two-way contact with their constituents. But how, you may ask, does an organization create these personal relationships when its constituents number in the thousands? Don’t supporters get lost in the shuffle? There is an answer to the problem of overwhelming numbers: NationBuilder. NationBuilder is an online database platform that collects, organizes and tracks the interactions of the NC
WE NEED
YOU
!
Homeowners Alliance organization with its individual supporters. The Alliance uses NationBuilder to email its members, build its website and recruit new allies in the fight for property rights. NationBuilder was originally intended as a tool for nonprofit organizations to raise money and build donor lists. While the Alliance never asks its members for contributions, many political campaigns use NationBuilder to raise funds for specific candidates. The real strength of NationBuilder is its flexibility. Large databases of names, addresses and phone numbers are difficult to manage, particularly when trying to contact specific groups of supporters and potential volunteers. NationBuilder can break down the
Alliance’s database by a member’s geographic area, legislative district, past actions and attendance at specific events. The platform can also track communication with members through email, text, phone conversation and in-person meetings. Since NationBuilder supports the Alliance’s websites, the Alliance can maintain individualized pages belonging to REALTORS® through the platform as well. These REALTOR® pages expand our grassroots footprint and turn our REALTORS® into grasstop leaders and influencers of other members and new recruits. Most importantly, NationBuilder provides the Alliance with the ability to grow its grassroots movement quickly and effectively. The platform empowers local associations by helping them target non-REALTOR® supporters in their legislative districts, and it streamlines the process of activating volunteers. As new homeowners sign up to be part of the Alliance, we’re confident that our NationBuilder system will allow us to raise the voices of voters around the state in support of the real estate industry.
To support the work of the NCHA, please sign up on nchomeownersalliance.org with your email address or with your Facebook or Twitter credentials. Then, find the NC Homeowners Alliance Facebook page or Twitter account and share its messages to your clients, friends and families.
22 INSIGHT • Summer 2015
NC HOMEOWNERS
ALLIANCE
[INSIDE NC REALTORS®]
Awards and Recognition
Tessa Hultz, Raleigh Regional Association of REALTORS®, is the 2014 recipient of the AE Leaders of Tomorrow Young Professionals Award. This award is given to an association executive young professional who has fostered greater involvement and increased professionalism among her YPN AE peers and REALTOR® members. Paula Nash, Southern Pines Area Association of REALTORS®, received her REALTOR® Association Certified Executive (RCE) designation and we are excited to honor her dedication, experience and commitment to professional growth.
NCAR is proud to recognize the following local associations and leaders for their recent accolades. All were recognized at the 2015 AE Institute.
Congratulations to both the Charlotte Regional REALTOR® Association and the High Point Regional Association of REALTORS® for the honor of receiving the first ever Community Outreach award. This award signifies the best use of NAR’s Smart Growth and Housing Opportunity grants for community improvement underlying positive economic impact and stability, and enhancing quality of life. Only seven associations received the prestigious award this year.
NCAR STAFF CONTACTS Members of the NCAR staff can be reached by telephone at 800-443-9956 during normal business hours Monday through Friday, from 8:30 a.m. to 5 p.m. Staff members are listed below, by department, with their respective email addresses. Greensboro: 4511 Weybridge Lane, Greensboro, NC 27407; Raleigh: 421 Fayetteville Street, Suite 1109, Raleigh, NC 27601
ADMINISTRATION Andrea Bushnell Chief Executive Officer abushnell@ncrealtors.org Direct Dial: 336-808-4222 Bryan Jenkins Chief Financial Officer bjenkins@ncrealtors.org Direct Dial: 336-294-3112 Donna Peterson Executive Assistant dpeterson@ncrealtors.org Direct Dial: 336-808-4221 Phyllis Lycan Financial Manager plycan@ncrealtors.org Direct Dial: 336-808-4224 Denise Daly Membership Records Coordinator/Bookkeeper ddaly@ncrealtors.org Direct Dial: 336-808-4223 Lee Ann Martin Accounting & Education Assistant lmartin@ncrealtors.org Direct Dial: 336-217-1048
Sherry Harris Administrative Assistant sharris@ncrealtors.org Direct Dial: 336-808-4230
Tyler Helms Technology Manager thelms@ncrealtors.org Direct Dial: 336-808-4225
Kristin Miller Director of Political Fundraising kmiller@ncrealtors.org Direct Dial: 919-573-0995
Mike Buescher Director of Business Development mbuescher@ncrealtors.org Direct Dial: 336-808-4228
Robin Cooper Partner Program Manager rcooper@ncrealtors.org Direct Dial: 336-217-1047
Shanell Smaw Political Fundraising Assistant ssmaw@ncrealtors.org Direct Dial: 919-573-0991
Caroline Main Receptionist cmain@ncrealtors.org Direct Dial: 336-808-4220
EVENTS
COMMUNICATIONS & MARKETING Blair Wilburn Director of Communications & Marketing bwilburn@ncrealtors.org Direct Dial: 336-808-4228 Mckenzie Hamrick Communications Specialist mhamrick@ncrealtors.org Direct Dial: 336-808-4227 Samantha Ashburn Electronic Communications Manager sashburn@ncrealtors.org Direct Dial: 336-808-4226
23 INSIGHT • Summer 2015
Mandy Lowe Events Director mlowe@ncrealtors.org Direct Dial: 336-808-4236 Keri Epps-Rashad Meeting Planner & EXPO Manager kepps-rashad@ncrealtors.org Direct Dial: 336-217-1049
GOVERNMENT AFFAIRS Cady Thomas Chief Lobbyist cthomas@ncrealtors.org Direct Dial: 919-573-0996 Robert Broome Director of Public Policy rbroome@ncrealtors.org Direct Dial: 919-573-0994
Mike Landes Director of Political Operations mlandes@ncrealtors.org Direct Dial: 919-573-0984 Isabel Villa-Garcia Legislative Specialist ivilla-garcia@ncrealtors.org Direct Dial: 919-573-0983
Seth Palmer Local Government Affairs Director spalmer@ncrealtors.org Direct Dial: 919-573-0992
LEGAL Will Martin General Counsel wmartin@ncrealtors.org Kay Bailey Legal Assistant/Legal Programs Coordinator kbailey@ncrealtors.org Direct Dial: 336-808-4235
PROFESSIONAL DEVELOPMENT
Nicole Arnold Director of Political Communications and Local Government Affairs narnold@ncrealtors.org Direct Dial: 336-808-4237
Ellie Darling Edwards Director of Professional Development eedwards@ncrealtors.org Direct Dial: 336-808-4231
Jason Evans Local Government Affairs Director jevans@ncrealtors.org Direct Dial: 336-808-4234
Monica Huckaby Professional Development Coordinator mhuckaby@ncrealtors.org Direct Dial: 336-217-1051
[COMMERCIAL]
Determining the Best Business Fit for a Location BY: EMILY LINE DIRECTOR, RPR COMMERCIAL SERVICES
W
e know real estate is all about data and, more importantly, having the right data to validate our industry expertise with clients. Whether consulting on investment opportunities for an entrepreneur, working with an economic development authority on redevelopment or helping fill a vacant space for a building owner, RPR Commercial can assist in determining what businesses would be appropriate for any given location by looking at consumer spending data and what business types are underserving the area. With RPR Commercial, an exclusive REALTOR® benefit available at no additional charge, REALTORS® can run a commercial analysis on any area called “What’s the Best Retail Business for a Location?” This simple process takes only seconds to complete. By entering your geographic area, a Business Opportunities Chart is generated indicating which business types are over and underrepresented in an area of interest. These reports help to differentiate new business opportunities from saturated categories in a market. Using ESRI’s Retail Market Place Data as a foundation, the data collected compares retail sales to demand. The retail demand information is derived from household-level consumer spending data, while the retail sales information is collected from Infogroup business point-of-sale transactions. The analysis calculates the number of residents who are leaving their home 24 INSIGHT • Summer 2015
neighborhood to find a retail business type elsewhere. RPR Commercial ranks the results, from greatest under supply to greatest over supply, so it’s easy to see what businesses would likely be most successful in vacant locations or for the development of new locations. In addition to the Business Opportunities Chart, RPR Commercial Trade Area Reports include demographics and psychographics, giving REALTORS® access to current and projected stats on population, age, income, education, economics and home values in a specific area. This section draws from American Community Survey data from the U.S. Census. The dominant demographic segment, also known as the tapestry segment, provides details about the dominant residents’ lifestyles: what they spend money on, what type of residence they live in, what type of job they hold and what they like to do for fun. For example, if the results of a Trade Area Report point to the dominant tapestry segment “Trendsetters,” a REALTOR® would be able to report the following information:
Contact Emily Line at emilyl@narrpr.com. Consumers on the cutting edge of urban style, residents of this neighborhood are young, diverse, mobile, educated professionals with substantive jobs. The median age is 35.3 years. More than half live in single-person or shared households. Most rent upscale apartments in multi-unit buildings. The median household income is $63,412. They’re spenders; they shop in stores, online and by phone. They go online daily and own the latest computers, tablets and cell phones. They play tennis, volleyball, baseball and golf; ice skate and snorkel. They travel, practice yoga, attend rock concerts and read biographies. They watch syndicated TV shows such as Access Hollywood and Seinfeld. By presenting the RPR Commercial Trade Area Report with the Business Opportunities Chart, a REALTOR® is capable of noting specific data about consumers and potential business types for an area, both educating the client and driving a decision about vacant spaces or development of new spaces.
To learn more about RPR Commercial, your REALTOR® Benefit, please visit: blog.narrpr.com/commercial
Partner with
NORTH CAROLINA’S
Leader in Real Estate Education J.Y. Monk’s Commitment to your licensing recruits When your recruits choose J.Y. Monk as their licensing provider, and attend and
complete 100% of our 75-hour Prelicensing and Two-Day Exam Prep courses, we will
ensure their success! If your recruits fail their licensing course final or state exam, they can retake their licensing course for up to six months free of charge.
As a Broker partner, you’ll enjoy: • Exclusive pricing for your agents and recruits
• Expert instruction for seasoned real estate professionals
• Co-branded marketing material
to promote your education program
• Pre- and postlicensing in
6 North Carolina classrooms
• Broker and BIC CE in more than 30 North Carolina classrooms
Contact Ashley Sacia to learn how our partnership program can benefit you. Call 877.523.8205 or email ashley.sacia@jymonk.com.
www.jymonk.com | 877.523.8205 MRKT-18020
Special Discounts on the Products and Services You Use Most! We’ve searched for the best deals so you don’t have to.
Receive a 5% discount on auto insurance.
Access comprehensive real estate errors & omissions insurance.
Save on major medical plans, enhanced dental and vision plans.
Access to an array of health benefits offered only to NCAR members.
A Division of a la mode
Enjoy discounts on office supplies, furniture, technology products and copy and print services.
Turn expenses into deductions with this app and 50% discount.
Receive 20% off complete inbound marketing solutions to generate and close more leads.
Approved sign supplier to all major real estate franchises and many independent companies. Receive 5% and 10% off franchise and independent catalog orders.
Receive discounted rates for Formulator Desktop® and the new Formulator Online®.
Receive discounts on top brand appliances, mattresses, lawn equipment and more. 5% off gift card sales and $5 off oil change service.
Save 20% on the best tenant screening tools available.
Free access to zipForm®Plus including seamless integration solutions for e-signature and option to add to mobile devices.
FOR MORE INFORMATION: Log in to www.ncrealtors.org and click the Partners button or contact Robin Cooper at 336-808-4233.
Save up to 30% on overnight shipping; 16% on select ground shipping; and up to 10% on business services.
Offers complete solutions to payroll and HR solutions, as well as service fees as low as 2% with no long term contracts.
[POLITICAL ACTION COMMITTEE]
REALTORS® Zanthia Hastings and Asa Fleming.
REALTORS® Sandra O’Connor, Faye Brock and Treasure Faircloth.
RPAC: Helping Your Industry BY: KRISTIN MILLER DIRECTOR OF POLITICAL FUNDRAISING
Y
our 2015 REALTORS® Political Action Committee (RPAC) investment is an investment in both you and your industry’s future. Many times REALTORS® ask, “How does RPAC help me?” The answer is simple: your voluntary investment in RPAC provides the resources to elect lawmakers who understand issues impacting homeowners and housing affordability in North Carolina. NC RPAC helps save REALTORS® money in a number of ways, including opposing taxes on services, transfer taxes and impact fees, as well as working to advance reductions in regulations. NC RPAC helps fight for private property rights every day. This year, the North Carolina RPAC Trustees hosted a “Red, White and Blues” event to encourage more members to invest in their business during the North Carolina Association of REALTORS® Legislative Meetings in April. (See above for photos of the event) Over 100 members attended, helping to raise over $20,000 for RPAC in less than an hour.
Thank you to all our RPAC supporters, big and small. Together we have raised over $300,000 and are over halfway to our goal of $525,000! TRIVIA IS BACK! Are you a trivial pursuit legend? A self-proclaimed pub quiz champion? Then you’ll want to be part of the team crowned champions at the 2015 RPAC Trivia and Auction fundraiser. On Monday, September 14, the NC REALTORS® Political Action Committee will again host the five round competition, held in conjunction with the 2015 Carolina REALTORS® Conference in Hilton Head, S.C. The cost to play is $15 per person or $75 per team of five. Come enjoy a cocktail and test your skills in a fun, friendly competition with your peers, while also investing in your career and your industry! Advanced tickets are required, email Kristin Miller at kmiller@ncrealtors.org or Shanell Smaw at ssmaw@ncrealtors.org for more information.
REALTORS® Bradley Cohen and Leah Brown with NCAR President Tony Smith and NAR’s Kenny Parcell.
Apply to be an RPAC Trustee The RPAC Trustee Credentials Committee is taking candidate applications for Regions 3, 4, 6 and 9 for three-year terms. In addition, they are accepting applications for two At-Large positions, serving three-year terms. Elections for the Regional Trustees will be held at the NCAR Board of Directors meeting in September and the At-Large positions will be appointed by the 2016 RPAC Chairman in October. For more information and an application form, please email kmiller@ncrealtors.org. The deadline for applications is Friday, July 10th.
Contact Kristin Miller at kmiller@ncrealtors.org.
ncrealtors.org • INSIGHT 27
FORMSGUY Due Diligence Ain’t Over ‘Til it’s Over BY: WILL MARTIN | GENERAL COUNSEL
Dear Forms Guy, I have some questions about the repair request process. Can you help me? Sincerely, Gomez
FORMS GUY: Sure, Gomez. What’s up? GOMEZ: One of the agents in the office I manage is negotiating repairs on behalf of buyers he is representing. The buyers went under contract using the Offer to Purchase and Contract (form 2-T). They had inspections done and based on the report, my agent submitted a request for several repairs on the Due Diligence Request and Agreement (form 310-T). They reached an agreement with the seller and the form was signed and dated. We encourage our agents to get repair negotiations out of the way as soon as they can to avoid problems that can come up when repairs are negotiated at the last minute. FORMS GUY: Good for you, Gomez! You’re right about problems that can come up when the due diligence period is about over and the parties haven’t completed their negotiations. I get questions about that all the time. GOMEZ: Thanks. What happened next is the buyers followed the inspector’s suggestion to have an engineer take a closer look at a part of the foundation. When the engineer finally got out there, he suggested some additional work that hadn’t been included in the original request for repairs. So my agent added an additional item to the original Due
?
DID YOU
KNOW
Diligence Request and Agreement, had the buyers initial and date the change to the form and sent it to the listing agent. FORMS GUY: Was the due diligence period still in effect? GOMEZ: Yes. But the listing agent says the buyers can’t submit a second request once the parties have already reached an agreement on repairs. Is that right? FORMS GUY: No. When the parties reached an agreement on repairs, it did not end the buyers’ due diligence rights. This is made clear by the note at the end of paragraph 1 of the Due Diligence Request and Agreement. Also see the guidelines for completing the form (form 310G). GOMEZ: The listing agent also says that making changes to the signed repair agreement is a counteroffer that makes the original repair agreement null and void. He says the seller is now threatening to not make the repairs that he’d already agreed on. Can the seller do that? FORMS GUY: Not in my opinion. Although it’s true that making changes to an offer to purchase makes the offer null and void, making a suggested change to a contract that is already in place does not make the contract null and void.
NCAR’s lawyers write their weekly Q&As and those appearing in Insight based on calls they receive through the Legal Hotline. As a member of NCAR, you now have free, unlimited access to the Hotline! Have a legal question? Call 800-443-9956 or email ncarlegal@ncrealtors.org to get started.
28 INSIGHT • Summer 2015
[LEGAL Q&A] Modifying an existing contract requires the agreement of both parties. A party may certainly request a change in the contract, and the other party may or may not agree to the change. If they do, the change must be in writing and signed or initialed by the parties. But if they don’t agree on the change being requested, the original contract still remains in effect. Thus, in my opinion, the seller is not in a position to refuse to make the repairs agreed to in the original Due Diligence Request and Agreement. GOMEZ: What if the seller doesn’t make the repairs he’s already agreed to? FORMS GUY: It would be a breach of contract by the seller. See paragraph 8(k) of the contract, which requires the seller to make negotiated repairs in a good and workmanlike manner.
Damaged roof
REPAIR THIS!
Plumbing leaks
Faulty wiring
Inadequate insulation and ventilation in attic
Windows
Foundation issues
FIX IT
Not in working condition!
GOMEZ: What if the seller refuses to make the additional repair to the foundation that the buyers have requested? FORMS GUY: That is the seller’s choice, just as it is the buyers’ choice to terminate the contract if the seller refuses to make the additional repair. GOMEZ: Well, the due diligence period is just about over. If the seller hasn’t responded to the additional request by the deadline, the buyers can still terminate if the seller won’t agree since they made the request before the end of the due diligence period, right? FORMS GUY: No! See the warning in paragraph 4(f) of the contract: “If Buyer is not satisfied with the results or progress of Buyer’s Due Diligence, Buyer should terminate this Contract, prior to the end of the Due Diligence Period, unless Buyer can obtain a written extension from Seller.” GOMEZ: Okay, I understand. Let’s say the seller agrees to the additional repair. Does my agent still need to ask for an extension so the repairs can be completed during the the due diligence period? FORMS GUY: That is not necessary. As I noted previously, once repairs are agreed
on, they become a part of the contract. The seller’s inability or refusal to make the repairs properly would be a breach of contract that would excuse the buyer from completing the transaction. GOMEZ: Would it be better for the parties to negotiate a credit for the estimated cost of repairs rather than the seller making the repairs? FORMS GUY: It would be great, in my view, if buyers and sellers could negotiate their contracts in such a way that the seller was not responsible for making repairs. It would eliminate potential disagreements about whether agreed-upon repairs have been timely and properly made. However, that doesn’t seem to be practical in many cases. Loan underwriting guidelines sometimes won’t permit the buyer to take a credit in lieu of the repairs being made, and sometimes the buyer wants the seller to make the repairs because the buyer doesn’t have the money to make them. GOMEZ: One last question: Was it a bad idea for my agent to submit more than one repair request?
FORMS GUY: I guess in a perfect world a buyer would make a single request that included everything they wanted the seller to do. It’s understandable that a seller might get upset if he or she thinks that the repair negotiation is over and then the buyer comes back asking for something else. But sometimes the circumstances are such that a single repair negotiation might not be possible, and as I said earlier, I agree with the idea of handling repair negotiations earlier rather than later. Good listing agents should keep their sellers’ expectations in check by reminding them that the due diligence period ain’t over ‘til it’s over, as the saying goes. GOMEZ: Thanks, Forms Guy. FORMS GUY: You’re welcome, Gomez. I hope the transaction works out.
Contact Will Martin at wmartin@ncrealtors.org if you have a suggested discussion topic for Forms Guy. ncrealtors.org • INSIGHT 29
[TECH TIPS]
Quick Tips for NC REALTORS®
[ Video ]
Ever tried shooting your own marketing videos with a smart phone? NCAR member Zach Schabot offers some tips to get you going in the right direction.
1.
Don’t hold the camera below your face. We don’t need to see up your nose!
2.
NOW IT’S YOUR TURN!
Allow plenty of space behind you to add depth.
3.
Use the rule-of-thirds to position yourself or your subject. Keep the subject in the left or right third.
30 INSIGHT • Summer 2015
4.
Keep the light behind the camera to avoid a silhouette.
5.
Act 25 percent more animated than a normal conversation. Even if that means using your jazz hands!
We want to hear from you. Watch the full video on our YouTube Channel and use the tips to create your own quick tips video using your smartphone or video camera. All we need is a 60-second clip explaining how you stay successful in business. Think about the great apps you use, how you stay connected or the best practices for success at work. Email any videos or suggested topics to thelms@ncrealtors.org.