December Newsletter, 1997
(The printed format will be delivered to the membership the first weekend in December)
Dear Members;
The Holiday Season is fast upon us and I know that the last thing you wanted to get from North Shore Board was your annual dues bill. The good news is there is no increase in dues from NAR, IAR, or the North Shore Board, and the bill is not due until January 31, 1998. As you get ready to send your payment don't forget about RPAC and IMPAC. As you know RPAC is the Realtors Political Action Campaign and IMPAC is the Issues Mobilization Political Action Campaign. Both of these groups have worked extremely hard and have been very effective this year.
RPAC organized a nationwide campaign to insure Congress and the President kept their promise to lower the capital gains tax rate. RPAC set up a toll free call center for all of us to contact our House Representatives and Senators to let them know our position on the issue. Your calls and faxes insured that the capital gains reductions were applied to all types of Real Estate. This effort was made possible by the contributions you made to RPAC when paid your dues at the beginning of this year.
IMPAC organized a countywide Call to Action when Cook County tried to raise transfer taxes from $0.50/$1000.00 to $7.50/$1000.00. Your calls led the County Board to drop the proposal. At the same time IMPAC put its funds to work letting the public know what the County Board was trying to do. On the heals of Cook County's proposal, we found out that Highland Park passed an increase in transfer taxes from $3.00/$1000.00 to $5.00/$1000.00. Once we heard about the increase, we sent a letter to every homeowner in Highland Park letting them know what the City Council had done. Needless to say, the next Council meeting was filled with homeowners demanding the increase be rescinded. IMPAC funds paid for the entire cost of the mailing. Without your contribution to IMPAC when you paid your dues at the beginning of this year, the transfer tax proposals may have been approved.
I can't tell you the issues RPAC and IMPAC will deal with in 1998, but I know there will be issues that will come up at the national, state, and local levels. For RPAC and IMPAC to continue to fight for the rights of property ownership we need to keep funding both of these campaigns. Our goal is 100% participation. If every member volunteers to pay the $32.00 contribution listed on your dues bill, we will achieve our goal. Less than $3.00 per month to insure the future of your livelihood seems like a pretty inexpensive proposition. Please help us meet our goal ! !
I wish you all a very Happy Holiday Season and a Happy New Year to come. 1997 has been a great year, and I know 1998 will be even better. Thank you for your continued support of the North Shore Board of Realtors.
Sincerely,
Daniel T. Schermerhorn
Daniel T. Schermerhorn, CPM
Chairman of the Board
It's the Rule
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Actions |
Factual Information Only given |
Beyond factual information | ||
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Sitting an Open house |
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a. Your listing |
Designated Agency form 5004 |
Dual agency, form 5003 | ||
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b. Your own home |
Designated Agency form 5004 |
Designated Agency, form 5003 or refer to someone else | ||
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c. Someone else listing |
Ministerial, form 5016 |
Designated Agency form 5004 | ||
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Public walks into your office |
Designated Agency form 5004 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Calls on your listings |
Designated Agency form 5004 |
Designated Agency form 5004 Dual agency | ||
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Showing/listing family, friends |
Designated Agency form 5004 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Relo listing |
Listing 5025 |
Listing 5025 | ||
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Cold Calls |
Ministerial form 5016 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Floor Time |
Ministerial form 5016 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Cocktail party |
Ministerial form 5016 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Grocery Store |
Ministerial form 5016 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Set up an appointment |
Ministerial form 5016 |
Designated Agency, 5004 Listing form 5025 Buyer Broker form 5083/5084 Dual form 5003 | ||
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Substitute for another agent |
Additional Agent Designation Form 5340 |
See above | ||
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Show your own listing |
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a. show, factual only |
Ministerial form 5016 |
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b. show, ask questions |
Dual Agency form 5003 |
Dual Agency form 5002 | ||
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c. show, write offer |
Dual agency form 5003 |
Dual agency form 5002 | ||
*
Answering questions such as "what do you think this property is worth"/"what other listings are in this neighborhood"/'show me more houses", etc or advising on issues will change the relationship from Ministerial to dual, buyer broker or designated agency.*The concept of the agency law is to disclose non-agency. The law presumes that you represent the one you are with -- but the public does not know the law so you have to tell them. Designated Agency notice usually goes to a non-client.
*Agency notice is intended to prevent disclosure of confidential information to a non-agent.
*Form numbers are from the North Shore Board and may not correlate with your own company numbers. 10/97
Relisting properties
MLSNI has developed a software so they can determine if you have relisted a property. The program will search all new listings against previous listings. If you have relisted a property, MLSNI will charge you $4.15 for a new photo fee. You could turn in the old photo to the Board office for $.50, however, if you clone a listing and the "old" listing asked for a photo to be taken, the new "cloned" listing will also ask for a photo to be taken. Listings must have a photo.
Withdrawn means you still have a listing but it is no longer in the service. Cancelled means you no longer have a listing.
ERROR ON RESIDENTIAL CONTRACT
FORM 5000 DATED 10/97
Please note error in Paragraph 9 Inspection, on Line 78 Aelectrical systems@ has been left out. Either have Aelectrical systems@ added or cross out the paragraph and use the rider attached to each package.
This will be corrected on reprinting. Sorry for the inconvenience.
COMMUNICATIONS FROM THE BOARD
We often hear that you did not receive various publications the Board sends out to you. We will list all of the items that we have sent out in the newsletter. Watch for it and if you did not receive any of the items, please call and we will see that you receive same.
11/1/97 - Newsletter
Commercial Investment Forum 11/19
11/8/97 - Billing to large offices
REALTOR.COM works
An agent was telling me how she advises customers to use REALTOR.COM for their own searches. They then ask her for more info and she downloads the text from the MLS and then Emails the info to them. When the customer decides to see some houses, she makes the appointment and they go see the houses. She has made several sales including an area she was completely unfamiliar with and wrote an offer on the first visit to the area. Easiest sales she has ever had.
Seller Disclosure Revisions Effective January 1
House Bill 358 as APPROVED (P.A. 90-383) by the Governor on August 15, 1997 amends the Residential Real Property Disclosure Law. These amendments are effective January 1, 1998.
The changes, contained in HB 358, were initiated in an effort to clarify a few of the provisions of the Act. The main components of the approved legislation:
Adds a modifying provision to the definition of A seller. The provision states that the definition does NOT include any person who has both (i) never occupied the residential real property and (ii) never had management responsibility for the residential real property nor delegated such responsibility for the residential real property to another person or entity.
Clarifies that if a seller has actual knowledge of an error, inaccuracy or omission in any prior disclosure document after delivery of that disclosure document to a prospective buyer, the seller must supplement the prior disclosure document with a written supplemental disclosure prior to closing. If the seller fails or refuses to provide the disclosure document prior to the conveyance of the residential real property, the buyer shall have the right to terminate the contract.
Adds a note to the bottom of the disclosure form that states -Note: These disclosures are intended to reflect the current condition of the premises and do not include previous problems, if any, that the seller reasonably believes have been corrected.
The changes in this legislation approved by the General Assembly and signed into law by the Governor, were the product of negotiations between IAR, the Illinois State Bar Association and the Chicago Bar Association.
The SAR is in the process of revising the seller disclosure form to incorporate these changes and will have the new forms available in December. The SAR will also have the Zipform forms disk software updated to include these changes.
New Moore Software Policy
The MLS software from Moore Data now costs money out of your pocket. That’s right, as of Oct. 1, 1997 the old site license agreement between Regional and Moore is over and agents now pay for each new package of software they buy.
Landmark™ Connect is still available for FREE until … sometime in the future.
Landmark™ CMA Publisher costs $35.00. Landmark™ Database costs $35.00.
The hitch is that you NEED Landmark™ Connect to use Landmark™ CMA Publisher.
There is a new program called PC Access. This program is an improvement over Landmark™ Connect especially because as soon as you log on the program fills the screen and is much easier to view then Landmark™ Connect. Also mouse support is available throughout the program
PC Access software
We received the new PC access software from MLSNI and Moore Data. It is pretty cool and much more advanced than anything previously available. The software is NOT written by Moore and is thus quite different than anything else in the Landmark™ family. Number one improvement is that it fills the screen as soon as you log in. The background is blue and the text is white. So it is much easier to read than Landmark™ Connect. When you "select" something instead of just bolding the "selection" now it changes color to yellow making it much easier to see. Mouse support is available throughout now and it has greatly enhanced photo capability. Printing photos is improved and you can save listings and photos in a variety of ways.
There is security with PC Access. Each agent copy allows for four installs. That simply means that you can install the software four different times. Each install marks the disk and brands the software as belonging to whom ever does the first install.
The PC Access office version has 15 installs. Both versions cost $35.00.
Printer problems
If you have bought an ink jet printer in the last two years, you need to have a printer cable that is capable of working correctly with these new types of printers. The cable must be compatible with spec ieee 128.4. That means that the cable can support two-way communications between the computer and the printer. The cable only cost about $10.00 so it’s no big deal to replace an older cable.
Fines for Remarks in listings
MLSNI will fine you if you include any phone numbers in the remarks section of your listings. Phone numbers are to be only in the phone boxes on the listings sheets.
Digital Photos
Recent research by MLS consultants around the country think that out of the many choices for digital cameras, Kodak DC 50 is the best bet for Realtors.
Compuserve takes over MLS phone access
That’s right. Moore Data is no longer going to handle MLS access for The Regional. Compuserve will supply a one phone number solution for all Realtors. Depending on where you live, you will dial a "local" number for MLS access. If the line is busy, compuserve will automatically re-route your call to an open line. You don’t have to do a thing. Eventually, the MLS will allow for TCP/IP (that’s the internet) access and compuserve will handle it.
Compuserve has been supplying this service to many business’ around the world. This should be a good solution to the over heated modems we have had to deal with for the past six years. We will keep you informed of the phone numbers when they become available. The North Shore is scheduled to change over on the week of Christmas and Channukah. Sounds like a good week to me. Should be quiet..
If Real Estate Is Your Profession…..Politics Is Your Business
The legislatures in Washington and Springfield will not be in session much of the time in the immediate future. Between holiday recess and campaign time, you're going to see them more of the time in their districts.
Sen. cannot urge you more strongly to take advantage of any opportunity, e.g. public forums, receptions, club programs, etc. to meet. Be sure the legislator knows you're a REALTOR7. This is called grassroots lobbying. The 1997 federal tax bill, with its capital gains benefits for YOUR clients, is a classic example of what your efforts can help produce. Private property owners now are on a level playing field with other investments.
In the past month, many of your fellow REALTORS7 did take advantage of opportunities to meet.
County Commissioner Cal Sutker was honored for 25 years as Township Committeeman. On hand to salute Cal were Nick Marino, Marilyn Glazer, Esther Berman, Gene Lang and IAR=s Mike Scobey All three NSBR elected officers attended State Senator Kathy Parker=s annual Octoberfest. Pictured (L-R) are Connie Conway, Chmn. of the Board Dan Schermerhorn, Sen. Parker, Secy-Treas., Roxane Malo, Chmn.-Elect Joe Goodman, Sen.
Alan Ramsay, Connie Conway, Marcia Leekley, Sen. attended the annual Dinneree, where State Sen. Peter Fitzgerald was the speaker. Also present were Cong. Porter, Comptroller Didreckson, Sen. Parker and many local officials.
A church program featured Ill., State Treas. Judy Barr Topinka. On hand were Carol George, Mary Embree, Marcia Leekley, Sen.
When you have the opportunity in the weeks to come, what will you talk about? Here is some unfinished business we will be revisiting in the spring session.
Proposed changes to the Illinois Real Estate License Law will be introduced to the Illinois General Assembly in the spring session. We hope for the support of your legislator. More later.
State Senate Bill 278 would provide a way for landlords to evict illegal tenants from residential units. This bill was vetoed by the governor. With some procedural changes we hope for a successful conclusion.
On the national level, we will be working on changes in RESPA. Also HR 1534, a bill to expedite access to federal courts for property owners, when the issue is federal courts for property owners, when the issue is federal, without getting bogged down in the state and local courts.
The IRS will update Publication 523, ABuying and Selling a Home,@ to reflect the new capital gains exclusions. It will be available to help with 1977 tax returns.
Hot News; George Ryan has just announced his running mate for Lieutenant Governor - State Rep. Corinne Wood of Lake Forest. Many of you probably know her.
Good Job!
Thank you
Following is a list of NSBR members and the 1998 IAR committees on which they are serving. All of us owe them a big thank you for volunteering their valuable time to give us all a voice in the State Association.
Elizabeth Bowden; Member Services Member Involvement Group, Professional Standards Committee
II. Bill Cahill; Advisory Council.
III. Connie Conway; Executive Committee, Government Affairs Member Involvement Group, Professional Standards Committee and Political Fundraising Working Group.
IV. Marilyn Glazer; Professional Development Member Involvement Group, Equal Opportunity Working Group and Professional Standards Committee.
V. Phil Leekley; Chair: Federal Coordinating Working Group.
VI. Patricia Ortseifen; Professional Standards Committee and Education Working Group.
VII.Terry Penza; Member Services Member Involvement Group, Finance Working Group, Association Executives Forum and Technology Working Group.
VIII.Jerry Perlow; Executive Committee Realtors Political Action Committee, Advisory Council and Plaza Management Working Group.
IX. Dan Schermerhorn; Association Operations Member Involvement Group
License Law
Professional Assistants; Hiring and firing:
If you hire your own Professional Assistant rather than using a temp service you must adhere to a new set of guidelines. It is more than just a pay check that you must issue. There is FICA tax deposits, IL unemployment taxes, filing fees, etc. Another area that is just as important as taxes and filings I how to hire and fire.
You now need Performance Reviews where you discuss the employee=s accomplishments and those behaviors that need improvement. Disciplinary Action must be in a uniform and progressive manner. The steps, arranged in order of their severity are:
1. Verbal Warning
2. Written Warning
3. Probation
4. Suspension
5. Discharge
Termination: State and Federal laws have a great impact on termination's, and they must be handled with expertise. If an incident occurs that you believe could be cause of immediate termination, contact your legal counsel. If the behavior is a repeated offense, the employee's file must be sufficiently documented to support the termination. Before you discharge an employee, review all documentation with your legal counsel.
Important reminders: All incidents of misbehavior, conversations with employees regarding those incidents, memoranda, employee responses, and other information pertinent to the misbehavior or performance problems must be documented in the personnel file. When you document violations or performance problems, be objective and give only the facts. Do not include your personal feelings or opinions about the employee or the incident in either the memorandum or your verbal warnings.
(The above information is from the National Association of REALTORS7)
Patricia Ortseifen Receives Award
Pat Dalessandro, Immediate Past President of the Illinois Association of REALTORS7 presenting NSBR=s Patricia Ortseifen with her Life Membership Award. Patricia received her award at the Political Affairs Brunch at the IAR Annual Convention in Lake Geneva, WI.
Congratulations Connie Conway
Connie Conway, Koenig & Strey, Glenview has been appointed to a three-year term on the Advisory Committee of the Office of Real Estate Research. The duties of an Advisory Committee member involve participating in the meetings of the Committee (typically three per year), assisting in raising and allocating resources, and acting as a resource person for the ORER Director and staff
Marilyn Glazer, GRI, CRS, CRB named NAR Educator of the Year.
Marilyn Glazer, a North Shore Past President, has been named the National Association of REALTORS7 Educator of the Year. A Skokie resident, Glazer owns Marilyn D. Glazer, REALTOR7 and Glazer Enterprises, Inc.
Marilyn has impressive credentials in real estate education and a long record of service to real estate organizations. She is an instructor for pre-licensing, continuing education, brokerage and adult education. Real estate continuing-education courses that she has written are being used by other instructors throughout the country.
Her other professional honors include REALTOR7 Associate of the Year and REALTOR7 of the Year for the North Shore Board of REALTORS7, and REALTOR7 Associate of the Year for the Illinois Association of REALTORS7, in addition to being the recipient of the Flavia Marcucci Award for Women in Real Estate.
Community activities include: Director North Shore Community Housing Resource Board (CHRB), member Skokie Caucus Party and Trustee/Publicity Chairman Congregation B=nai Jehoshua Beth Elohim, Glenview.
Marilyn has a B.A. from Northeastern Illinois University, and M.S. Ed. From Northern Illinois University. She previously served as Director of Education for the multi-office firm of Koenig & Strey REALTORS7, and the 5,000+.
NEW STUDY SAYS LENDERS ARE LOSING THE BATTLE TO DIVERT TRANSACTIONS
According to a new study recently released by Weston Edwards & Associates, of Laguna Beach, Calif., the efforts of lenders to divert the initial process in a real estate purchase from a sales agent to a loan officer is not working. The Edwards Associates study says that lenders have been successful in directing twenty-five percent of homeowners to meeting with them before seeing a real estate agent, but nearly half of that number discussed only interest rates. Even then, half of the group meeting with lenders already were prequalified for financing. Overall, the study states, half of all homeowners follow an agent=s recommendations about where to acquire a loan, especially first-time buyers.
AFrom November, 1997 edition of The Dooley/Dahlheimer Report. Reprinted with permisssion.@
MLSNI Update
Remove all phone, pager and voicemail numbers, etc., from the Remarks section of any listing. Inclusion of these numbers in Remarks is a finable offense.
Since October 1, 1997, agents have requested $3,000 worth of re-list photos. Remember, re-list photos are chargeable.