Continuing Education Classes:

5-16  8am – 11am  Legal Issues – Potpourri (3 hrs legal issues)

A class that covers:

• Short Sales
• Mediation
• Landlord/Tenant
• Copyright-Real Estate
• Mold & Disclosure
• FIRPTA

5-16  11am – 2pm   Ethics of Dual Agency  (3 hrs Agency + Code of Ethics Requirement)

This class explores dual agency, the Code of Ethics, the standard of practice, and the standard of care.   This class is designed to assist agents in how to do dual agency and not step into deep holes…while it’s difficult to limit agency, it can be done with careful disclosure and attention to details.

5-16  2pm – 5pm  Fair Housing – Gender Issues  (3 hrs Fair Housing)

Meander down history’s path and see how the women’s Suffrage Movement paralleled the Civil Rights Movement and without each other it’s possible neither would be where they are today.

5-23  8am – 11am  Chemicals, Mold, Disclosure  (3 hrs Disclosure)

• Sick Building Syndrome
• Lead, Asbestos, Chemicals
• Pesticides, Toxicity, Mold

Salespersons and Brokers Arizona real estate license

Get your prelicense 90 hours from how2educate LLC

 $400 covers course, materials, & 1 class.

We aren’t for everyone.  When you come to us for your real estate license, you want to pass the Arizona state test and begin your career.  In turn, we at how2educate promise you that if you follow our methods, focus on your studies, you should be able to pass the Arizona state test on your first try.

It’s as simple as Arizona contract law:  ”A promise for a promise”…

As of 4/21/12 every one of our salespersons and brokers have passed the state test on their first attempt.  The congratulations go to them and their hard work.

• Leslie Fox
• Mickey Smith
• Eddy Schaub
• Valerie Wood
• Sara Marshall
• Corinna Coplin
• Sandy Brandvold

and we have others about to take the Arizona license test

Click here for information on how to get your Arizona real estate license.

We are happy to work with you on a schedule for your course work.  This is not your everyday kind of real estate school that revolves around lecture classes.

Call Kathy at 928-274-4088

or send her an email:  kathy@kathyhowe.com

We look forward to seeing you in class…

Kathy Howe aka SedonaKathy

• Uptown Resident
• Board of Directors Sedona Main Street Program
• Broker/Owner of how2arizona real estate LLC
• Owner:  how2realty referrals LLC
• Mediator:  how2mediate

Over the years we have seen REALTORS® use the marketing phrase “I will negotiate for you!” and acquire negotiation expertise certifications from various entities.

How does this translate for your client?

• Do you attend the presentation of the offer?
• Do you allow the “other” agent to attend the presentation?
• The NAR Model MLS Policy on Cooperating Broker at the Presentation**

Recently I was teaching a class at a state association of REALTORS® who indicated that being at the presentation was “old school” – no one does this anymore.  “Then, how…?”  The comments ranged from, “I discuss the offer with the other agent” to “With the permission of my buyer, I top the offer with an explanation of the wants and needs of my buyer”.

If the purpose of a negotiation is to “do a deal”, would it not be in the best interest of the client and their REALTOR® to sit down together and hash out the issues?  With the client in the mix?

From The “Harvard Negotiation Project: 5 Lasting Rules For Negotiating Anything”:

1. Don’t Bargain Over Positions
2. Separate the People From the Problem
3. Focus on Interests
4. Invent Options for Mutual Gain
5. Insist on Using Objective Criteria

The Harvard Negotiation Project began in 1979 to assist business people better their conflict resolution skills.  Your question would be: “Presenting a contract is not conflict resolution, so why treat it like a conflict?”

Would it be fair to say that unless an offer is full price and meets the Seller’s every want and need, there might be areas of contention?  Or conflict?

While my role today is not primarily one of REALTOR® listing or selling agent (though I do take referral business), I do as many as 20-30 Maricopa County Court mediations during the period of a month(voluntary- no pay).  When everyone shows up, my settlement rate is over 80%.  On some days, all 4 mediations end up with a full settlement.

How?  By remembering that the mediation is about the parties and the role of mediator is one of directing the discussion to an agreement made by both parties.  Sound a bit like negotiating?

First, consider that your client wants a property at a particular price and with certain terms.  Second, consider that some of these terms and conditions may be “negotiable”.  Third, consider that the offer may not suit the Seller(or the counter offer may not suit the buyer).  Fourth, consider what the outcome may be if your advocacy gets in the way or you misspeak.

My mediations involve one or two attorneys, or maybe no attorneys at all.  The best and easiest mediations are with attorneys in the room with their clients, mainly because they present a clear and balanced picture of advocacy for their clients.  I watch with wonder at their ability to advise their client, negotiate the issues with the other side, and to understand when they are about to put their client in jeopardy.  They sense when the deal is about to go south.  They understand the consequences of not coming to an agreement.  When there are no attorneys present, the parties struggle with their personal wants and needs, principles, hurt, anger, and it becomes the role of the mediator to direct the conversation and discussion back to the issues.

Mediation is not about the law or what’s “fair”.   Mediation is about what the parties want as an outcome.  A lot like negotiation.

The point here to remember is that many of these mediations emanate from previous agreements.  The common thread of all mediations is the lack of communication about the consequences surrounding the agreement the parties have with the “other” party.  They include Landlord/Tenant, Insurance Companies, Credit Card Companies, Purchase Agreements, etc.

The more the parties focus on what they understood about the original agreement, the longer the conflict resolution process.  Getting stuck on a principle or a position, real or imagined, the more work for the mediatior to work the participant past it.  That’s why it’s so important to understand the original presentation of terms and conditions.  Did everyone buy in then, or were there unresolved issues?

The role of the “agent” is one of confidant, mentor, adviser, assistant, and ethical representative.  We are to act under their authority, be the “source” of the “source”, verify the information they find, write clear and unambiguous contracts that express their wants and needs, and guide them through the intricacies of the transaction.  We must always remember that it’s their transaction, not ours.

So, when and if you can, give full negotiations a chance by offering to have the Buyer’s agent at the presentation (even telephonically) or asking to be present at the presentation of your offer as the Buyer’s agent.  You just might see an amazing uptick in successful agreements!

Happy house-selling!

**You must be a REALTOR(R) member and log in to read this policy.  If you are not a REALTOR(R) member and wish to see the policy, email me at kathy@kathyhowe.com

Kathy Howe

Kathy Howe aka SedonaKathy

Classes held at 1120 W SR89A, B5, Sedona, AZ 86336

Reservations:  kathy@kathyhowe.com (no phone reservations in case changes)

Kathy Howe aka SedonaKathy

Owner/Administrator/Educator

Take your real estate continuing education and make a trip to West Fork!

NOTE:  Commissioner’s Standards on Sunday at 11AM has been approved.

Email Kathy at Kathy@kathyhowe.com to reserve a seat.  Actually, you can just show up for a class if you are in the neighborhood.  Looking forward to seeing you…

Classes are held at the LaTierra locatin on SR89A, 1120 W SR89A, Suite B-5.  928-274-4088.

As a professional and a REALTOR(R) member of ARMLS, you can use this Fannie Mae Help Desk for moving along your transaction:

New Tool to Speed Up Short Sales: MyFoxPHOENIX.com

FannieMae Short Sale Assistance
888-995-HOPE
armls.com

Kathy Howe aka SedonaKathy

This morning I was opening up Google+ (which I love!!) and checking out the postings from friends around the world. This one comes from Chris Brogan:

For those of you who are social media addicts like myself, you will enjoy this video; and, for those of you who would rather hide under your pillow than open up a social media site, maybe this video will show you the levels of engagement by those of us who live social media everyday.

The point of this post is to show you just how many social media site are available! And how many more are up-and-coming!

Google+ is awesome. Imagine being able to have all the people you know in different circles?!! Your family in one, friends in another, news in another, business clients in another…and so on.

It’s social media made easy!

You can find me at: www.gplus.2/sedonakathy

When you get set up, invite me into one of your circles!

Kathy Howe aka SedonaKathy

www.how2arizona.com
www.how2educate.com
www.sedonakathy.com
www.facebook.com/sedonakathy
www.twitter.com/sedonakathy

Yes!  Arizona allows disclosed “dual agency”.

First, we need to understand the agency structure in Arizona.

In Arizona, under the 26th amendment to the State Constitution, real estate licensees are allowed to “…draft, or fill out or complete…” such documents as “…purchase agreements and earnest money receipts, deeds, mortgages, leases, assignments, releases, contracts for sale of realty, and bills of sale” when incidental to a transaction when acting as a salesperson or a broker for a party.  Licensees may not draft or fill out documents and charge to do so.  The listing agreement or the buyer broker agreement works as the employment agreement, spells out the representation, and addresses compensation.

Can a salesperson in Arizona represent a buyer or seller without a written employment agreement?

Yes.  But, under the Statute of Frauds, Arizona Courts will not entertain a claim for compensation without a written agreement.  To compensate for this situation, the REALTORS(R) can file with the Arizona Association of REALTORS(R) through their local Association for arbitration under the REALTOR(R) Code of Ethics.

Listing Salesperson + Seller                               Buyer Broker + Buyer

What happens when a Listing Salesperson who works with Regis Realty receives an offer from a Buyer Broker who is also with Regis Realty (both work under the same Designated Broker)?

DUAL AGENCY

representation

It means that neither the Designated Broker or the Salesperson can “…represent the interests of one party to the exclusion or detriment of the other party…”  REALTORS(R) use a “Consent to Limited Representation” form for the purpose of disclosure, consideration, and consent.

How does it work?

Listing Salesperson cannot (without written permission from seller) disclose anything about the price or the terms but the list price and the terms offered.  The Buyer Broker cannot suggest a price other than the list price to the buyer-client.

• No confidential information may be disclosed in either direction.
• Salespersons are obligated to deal honestly with all parties.
• Negotiating for the client may not be possible.
• Limited representation.

In Arizona, the employment agreements are with the Designated Broker.

A Listing Salesperson acts for the Designated Broker when taking a listing, and the Buyer Broker acts for the Designated Broker when agreeing to represent a buyer.

Arizona requires disclosure of agency (not necessarily in writing) before an offer is written.

The REALTOR(R) community uses the READE form for the purpose of letting the public know how agency works in Arizona and then the person can select the representation s/he wants or needs.  The READE form is only a disclosure form, not an employment agreement.

Listing Salesperson also represents buyer =

DUAL AGENCY

The same rules apply.

In each case, the Designated Broker is the only “broker/agent” in the mix.

Dual Agency is legal in Arizona as long as it has been disclosed and the clients have consented to the limited representation.

Question:

Should a buyer go directly to the Listing Agent for information about a property?

It never hurts to talk to the Listing Agent.

Do you want to be represented by the Listing Agent as a Dual Agent?

Or do you want a Buyer Broker advocate to assist you with your purchase?

QUESTION:

As a Seller, you want everyone to see your listing and many of you will list with a company who is known to move property.  You will be asked to sign an Arizona Listing (employment) Agreement that says you want the company to show the property to any potential buyers, even if it places you in a dual agency position.   The new SVVAR Exclusive Right to Sell Employment Agreement has no “Agency” information in the agreement at all.  Be sure to read what you sign and be sure that your agent gives you a READE form (disclosure) with the listing agreement.  In Sedona and the Verde Valley, agents who do not give the Seller a READE form could be guilty of not giving agency disclosure before an agreement is signed.

The question becomes:  Do you understand Arizona’s Dual Agency = Limited Agency representation?

Give it thought…

Then take a look at the different Sedona properties for sale at our sister site:  how2arizona real estate LLC

Kathy Howe, owner/broker of how2arizona real estate LLC

and owner/administrator of how2educate LLC

In a prelicense contract writing class a newbie said he needed to use an “As Is” form in the counter offer because the “seller didn’t want to make repairs…”

Three or four agents mentioned the same words in a slightly different context, but with the same intent during an attorney-taught real estate CE class. The surprise came when the attorney did not clarify “As Is” and it took two brokers in the audience to make clarifying statements.

So what is the “As Is” addendum and how should it be used?

If your Buyer has signed an “as is” addendum and submitted it with the offer, or agreed to an “as is” condition with the counter offer, does that mean the Buyer cannot ask the Seller for repairs?

No.

Does the Seller have to grant the Buyer’s wish regarding the repairs?

No.

Does everyone need to get their shorts in a knot about it?

No.

Do you know what an “as is” really does?

First: The Seller and Buyer agree that the premises will be sold “…in its existing condition.”

Believe it or not, nowhere in the AAR “as is” addendum does it say that seller does not have to pay for repairs. The AAR form only says that the “Seller shall not be obligated to correct any defects that may be discovered…” Bless the listing agents who state in the Agent Remarks of the listing: “Seller will not pay for any repairs”, instead of stating “Must include an As Is addendum”.

If the Buyer’s agent recommends that his/her Buyer fill out and attach an “As Is” addendum with the purchase offer, what will the Buyer give up?

“As Is” addendum

“…Seller makes no warranty to Buyer, either express or implied, as to the condition of the premises, including but not limited to, Seller’s Warranties in Lines 166-168 of Section 5a…”

Lines 166-168 of Section 5a.

“Seller warrants and shall maintain and Repair the Premises so that at the earlier of possession or COE, (i) all heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaning systems and heaters, if any), free-standing range/oven, and built-in appliances will be in working condition…”

The “As Is” language removes the warranties on these items.  Can that be good for the buyer?

And, “…Buyer waives (2) zoning of the Premises, or (3) Premises’ fitness for any particular use or purpose…”. Translation: Seller is not warranting the “zoning” or…

Okay, so a bank would understandably want an “As Is” addendum included with any purchase offer on their properties because they are not occupying the premises, have probably never seen the property, and probably acquired it through a Trustee Sale.

But really now, a Seller who has lived on the property for 10 years wants an “As Is” addendum attached to the purchase agreement?

Why?  Is there something to hide?

The Seller does not want to pay for any repairs? Maybe.  Maybe, buyers beware…

Would a home inspection disclose issues like this?

If the sale goes through and there is a dispute, will the “As Is” stand up in court?

Only if the Seller has disclosed “all known latent material defects…” and has given the Buyer the opportunity to investigate and do his/her due diligence. In Arizona real estate CE classes you will hear reference to “S-Corp”. Read more about it.

Example: Property is a top floor condo. Buyer has an inspection performed. Inspector misses an area where the ceiling and the wall intersect. Had the inspector gone up on the ladder (ceiling 16 ft high), he would have seen a small discoloration which would have disclosed a current leak. Buyers move in after closing and during a rain storm they have water dripping from that same small area. Nothing on the SPDS. Buyer calls in HOA and insurance company. Insurance company says “pre-existing condition”. HOA says previous owner was aware of the leak and had requested HOA take care of it, but the HOA was still getting bids when the property conveyed to the buyers and the meeting minutes did not reflect the issue in the packet received by the Buyer during the inspection period.

Will “As Is” stand up should this go to Court?

You be the judge…

Ask yourself: what lurks behind “As Is”?

Kathy Howe, Owner/Broker/Educator  

• how2educate LLC
• how2arizona real estate LLC
• how2realty referrals LLC
• Sedona, AZ
• Sedona Properties for Sale
• Sedona Verde Valley MLS
• Greater Phoenix MLS:  ARMLS
• Facebook.com/sedonakathy
• Twitter.com/sedonakathy

You are the end of the line, or as Harry Truman was shown to believe:  ”The buck stops here.”  Are you ready?

Under the Arizona Department of Real Estate, a Designated Broker is one who:

• Supervises the licensees under the employing broker (the company)
• Is responsible for the office policies
• Is responsible to be sure all licensees have signed an Independent Contractor Agreement (IGA), if licensee is considered an Independent Contractor
• Is responsible for all agreements written by licensee
• Is responsible to review all listing and purchase documents “within 10 days of execution”
• To see that all listing agreements are in writing
• More…

Licensees are Independent Contractors under IRS Code Section 3508, if:

(A) such individual is a licensed real estate agent,

(B) substantially all of the remuneration (whether or not paid in cash) for the services performed by such individual as a real estate agent is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and

(C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for Federal tax purposes.

It’s why the employing broker (= the company) needs to have an Independent Contractor Agreement (ICA) between the company and the licensee.  If no ICA, the designated broker will be responsible to deduct taxes, among other requirements.

Every broker is responsible for developing Office Policies.  New designated brokers can go to the Arizona Department of Real Estate to find an Office Policy Manual Outline.  While somewhat outdated, due to the digital world, it is a place to start.

Be advised that if you are ever involved in a lawsuit, a fair housing complaint, or possibly an ADRE complaint, your Office Policies will be scrutinized.  Take the time to write them with the concept in mind that the licensees under you will use them as a guideline (you hope).

Listing agreements must be in writing.

32-2151.02. Real estate employment agreements; definition

A. All real estate employment agreements shall:

1. Be written in clear and unambiguous language.
2. Fully set forth all material terms, including the terms of broker compensation.
3. Have a definite duration or expiration date, showing dates of inception and expiration.
4. Be signed by all parties to the agreement.

So, “until it sells” is not a definitive expiration date.  It follows the same belief that the use of “upon presentation” in a purchase agreement for the time for acceptance is also too vague and not definitive.  It’s hard to determine when someone might or might not be in breach.

Designated brokers are known to lay awake nights and cringe upon receiving a certified letter, or a call from a licensee that starts with “can we talk”.   These people are Independent Contractors, not employees.

If you don’t think you are cut out to be a designated broker, you can always work for one as an “associate broker”…

If you want to become a broker, June is Broker month at how2educate LLC.

Call 928-274-4088 or email:  kathy@kathyhowe.com

Kathy Howe, designated broker for how2arizona real estate LLC

On Wednesday, April 27, at 1PM, the Sedona Verde Valley REALTORS(R) will meet at the Sedona Elk’s Lodge to hear about the proposed endeavor to have ONE (1) multiple listing service for the entire state.  One MLS.

If you are a consumer, you would say:  ”No brainer!”

Some REALTOR(R) members, both salespersons and brokers, do not see it that way.

So what could possibly keep a real estate person from not wanting to share their listings with REALTORS(R) from all over the state?  After all, isn’t it the job of the listing agent to market properties for sale?  Wouldn’t you want to expose them to anyone and everyone?  Would a seller NOT want broader exposure?

On the AAR blog site, Jay Thompson commented:  ”We take listings to sell them. Our clients want maximum exposure for their home. A statewide MLS is a big step toward providing that.”  And Jay further commented:  ”Will someone in Tucson, or Flagstaff, or Kingman, or Timbuktoo, AZ see a listing we have for sale and decide to buy it (or tell someone else about it)? Maybe. Someone might argue the odds of that happening are slim. Well, the odds of it happening right now, with no statewide MLS, are zero. I’ll take slim over zero any day.”

Truth.  Buyers want to work with someone they trust.  Many people call a REALTOR(R) friend to find out who they should work with in a particular area, while others go online, find a property, call a REALTOR(R) and set up an appointment.  But, the one thing that is constant today:  The client wants to be in control.

Many REALTORS(R) argue that we have REALTOR.com.  True.  But, REALTOR.com has slipped as a real estate search engine over the last couple of years.  In May of 2010, REALTOR.com was ranked 3rd.  Click here.  Another ranking by hitwise on 4-16-11 shows REALTOR.com as #2.  Click here (and scroll down to real estate).   The point is that there are many different ways for the consumer to find real estate listings now versus in years past.  The landscape has changed.

Todd Menard, reminded me of the new ARBI platform being put out by the Arizona Association of REALTORS(R) which merges all aspects into a paperless office and at the heart of the platform is one MLS.  My brokerage firm has been paperless for 4 years and we are completely on board with this proposal.  Our state REALTOR(R) association has transcended the present with tools to help us achieve our future.

Tiffany Cloud “Agreed!” with the statement of the AAR blog post:  “When I hear some of the negative reasons for not wanting a statewide MLS, I am reminded of the subagency days when we all represented the sellers. For those of us who are aged enough to remember those days, we remember how many agents thought buyer broker representation would be the ruin of our REALTOR® way of life. Actually, we became better agents, and we learned to better represent our clients. That’s the issue now. How we represent our client(s).”

But, perhaps the most poignant comment made was when a friend reminded me about the Sun City Board of REALTORS(R) who chose not to join the aggregation of small MLSs in the Phoenix area.  They opted not to join what became ARMLS.  Today, the Sun City Board/Association of REALTORS(R) no longer exists.

Change is not easy and I use as my email signature line, a quote from Jack Welch, past CEO and Chairman of General Electric:  ”Change before you have to.”

The sum of the whole can be found in the words of Seth Godin’s, “The realization is now.”

You choose…

Kathy Howe, Owner/Broker

how2educate LLC

The Arizona Association of REALTORS(R) have revised the Arizona Residential Purchase Contract.  A welcome revision as the last agreement was dated 2005.  Things change as of 2/28/11.

You can access the AAR website for specific sample forms, which include a complete 2005 PC showing the deleted verbiage and a complete 2011 PC with highlighted new language.

Thanks, AAR!

Sedona agents can take how2educate LLC’s February 24th “Contract – Writing – Cures” which will use the new AAR Contract.  Class starts at 1:30.  3 hrs Contract Law.  This class covers what is a cure notice, its purpose, when to use it, and when not to use it.

Sign up for the class by sending an email:  kathy@kathyhowe.com

BE PREPARED!

Kathy Howe aka SedonaKathy

Real Estate Agents:  Read this before your next Short Sale.

By: Christopher A. Combs

The Federal Trade Commission has adopted a new rule, fully effective January 31, 2011, to protect financially distressed homeowners from deceptive practices of for-profit companies that provide mortgage assistance relief services, or “MARS.” See FTC MARS Rule, 16 C.F.R. 322 (hereinafter the “Rule”). Notably, the Rule:

(1) prohibits MARS providers from making false or misleading claims;

(2) mandates that MARS providers make specific disclosures;

(3) bars the collection of advance fees for these services;

(4) prohibits anyone from cooperating with someone they know is engaged in a violation of the Rule; and

(5) imposes record-keeping and compliance requirements.

Kathy Howe aka SedonaKathy

• www.how2educate.com
• www.how2arizona.com
• www.how2businessplan.com
• www.sedonakathy.com

1120 W SR89A, B-5, Sedona, AZ

928-274-4088  kathy@kathyhowe.com

This AM a very good friend of mine sent me birthday greetings and an attachment of a Wall Street Journal article entitled:

 ” Why I Don’t Want an iPad for Christmas”

She asked me what I thought of it.

Here is my response to her:

“Actually that can be said of any application… but think this out.  Had you purchased an iPad when I did, you would already have paid for it by it’s abilities and convenience.  Return on Investment.  ROI.
 
While I am moving away from Apple, it’s not because of “the screen” (give me a break – the screen is fine), but because of 2 things:  no flash and I have to buy into Apple’s mobileme ($99/year subscription) in order to be able to do pictures, write, file pictures…  The transition requires a new mindset.  That was never my goal.
 
I am a PC girl.  Love my new Samsumg Focus…and I have an entire Office Suite on it.  I use Word.  I can access anything from any computer at Windows Live…  To have 2 systems (Mac and Microsoft) makes me less productive.
 
When I was in Flagstaff starting my career I had the 2nd fax machine in the Real Estate industry… First American Title had the first.  Who was more efficient and had time to do more deals?  Moi!  I wasn’t running all over town, up and down I-17 to get documents signed.
 
I also had the first mobile computer – a Panasonic modem that if connected to a phone could access MLS and get a printout of the listings and sales.  That along with my Motorola mobile phone (yes, the one that looked like a brick with an antenna and cost $32/minute) at Saturday and Sunday Open Houses made me very popular with buyers and sellers.  Sold the 3rd most real estate in Flag that year.
 
The reason to embrace technology before others is to have an edge.
 
So how do I feel about technology right now?  I like my iPad for traveling, but I am looking for one of the new tablet PCs that will allow me to have the simplicity of the iPad, but the Microsoft products I prefer to use. 
 
There is no right or wrong decision when buying a computer. 

• Buy what you need. 
• Buy what gives you an edge.”

 Kathy Howe aka SedonaKathy

• www.how2arizona.com
• www.how2educate.com
• www.how2businessplan.com
• www.how2realtyreferrals.com
• www.sedonakathy.com
• 1120 W SR89A  B-5, Sedona, AZ
• 928-274-4088   kathy@kathyhowe.com

Proud resident of Uptown Sedona

Recently a listing agent was so distressed by what he considered to be an outrageously low offer from a buyer that he ranted he would not present the offer.

Can a listing agent NOT present an offer?

Even a verbal one?

This is from the Arizona Department of Real Estate’s Administrative Code, or what we in the business refer to as “Commissioner’s Standards”:

R4-28-802 states:

“…B. During the term of a listing agreement, a salesperson or broker shall promptly submit to the salesperson’s or broker’s client all offers to purchase or lease the listed property. Upon receiving permission from the seller or lessor, the salesperson or broker acting on behalf of the seller or lessor may disclose to all offerors or their agents the existence and terms of all additional offers on the listed property. The salesperson or broker shall submit to the client all offers made prior to closing and is not released from this duty by the client’s acceptance of an offer unless the client instructs the salesperson or broker in writing to cease submitting offers or unless otherwise provided in the listing agreement, lease, or purchase contract. The salesperson or broker may voluntarily submit offers to the seller or lessor regardless of any limitations contained in the listing agreement and may submit offers after the listing agreement is terminated…”

     No one knows when an offer might become an agreement…  A low offer is an opportunity to sharpen negotiation skills!

Kathy Howe aka SedonaKathy

• www.how2educate.com
• www.how2arizona.com
• www.how2realtyreferrals.com
• www.how2businessplan.com
• www.sedonakathy.com
• 1120 W SR89A, B-5, Sedona, AZ 86336
• 928-274-4088   kathy@kathyhowe.com

Stefan Swanepoel asked many of us to describe in one or two words, the last decade.  This was my contribution:

For me, personally:

9/11
compassion
reframing
refocusing
networking
stretching
learning
encompassing
trusting

For the world:

9/11
compassion
reframing
refocusing
networking
stretching
learning
encompassing
trusting
wondering

In 2001 my husband and I were in the process of moving to Oahu from the Big Island of Hawaii and change was in the air for us.  We had purchased a small condo on the water at the Colony Surf in the Diamond Head area and used it for weekends or times when I was teaching GRI in the Oahu area.  The morning of 9/11 I received a call from my Phoenix friend Susan who asked if I was watching TV…no, but I turned on CNN.  I was stunned.  And then I realized the quiet.

Perhaps that was the alarm clock for the rest of the decade.

Real Estate, as an industry, was moving along without understanding that the world had become one.  We were in a monster seller’s market and our eyes were wide shut.  We watched “shock and awe”.  We groused about “GW”.  We quit negotiating for our clients, rather we negotiated with them to submit an offer that would be accepted by the seller.  We believed that the economy issues were short term.  We forgot the past.  We forgot the cyclical nature of our business and many of us suffered with our clients.

But, Americans are resiliant and have an incredible ability to roll up their sleeves and look for the niche, to innovate, to create.  Google.  Facebook.  Twitter.  The world of the print media morphing into online reading…the Kindle.  Touch tablet PCs.  The iPhone and the iPad.  Too many to mention.  Our young minds at work.  They show us the way.

What will the next 10 years bring? 

The American spirit lives, creates, innovates, and knows no bounds.  If we can rid ourselves of the angst and the outrage, we will continue to lead the world.  Our contribution to the world is our compassion and our ability to reframe and refocus. 

As for the real estate industry?  This is my personal 3rd downturn.  As you have guessed, real estate is my career and my profession, not just a stepping stone to another career.  We will survive and we will be stronger from it.  Each time I have seen real estate make major corrections and strides.  It’s during down times that we catch up with where we should be.  We take a hard look at where we are and what we are doing…we adjust.  We quit resting on our laurels.

The ship is turning.  The next 10 years?  REALTOR.com will be morphed into something else.  MLSs will aggregate.  The consumer will change the way we serve them.  Actually, they already have…

PS  Marc Davison says it better than I…

Kathy Howe aka SedonaKathy

• www.how2educate.com

• www.how2arizona.com

• www.how2realtyreferrals.com

• www.how2businessplan.com

• www.sedonakathy.com

• 1120 W SR89A, B-5, Sedona, AZ 86336

• 928-274-4088       kathy@kathyhowe.com

This tickled my funny bone:

Women prefer more traditional methods of cooking a turkey.  One of them is doing it in the kitchen.  By nature, women do everything in their power to keep from having to call 911.  It’s in our genes!  When the police person or fire fighters show up, they look at us and they roll their eyes or suppress a laugh. 

With guys they say:  “Hey man, what happened? …”

Love the insurance company ad talking about the number of houses that burned down when turkey-frying became a garage/driveway event. 

Seriously. 

Thanksgiving is a time of reflection.  A time to realize that each of us is not the center of the Universe.  Each of us owes what we are and what we do to someone else.  Seth Godin says it well.  Each of us … well, click on the link. 

how2educate LLC wants to thank each and every one of you who have helped us make 2010 a successful year.  We appreciate your support and your attendance in our classroom…or just the reading of our blog posts.  You complete us!

God bless…

Kathy Howe aka SedonaKathy

• how2educate LLC
• www.how2arizona.com
• www.how2realtyreferrals.com
• www.how2businessplan.com
• www.sedonakathy.com
• LaTierra Plaza 1120 W SR89A, B-5, Sedona, AZ 86336

928-274-4088  kathy@kathyhowe.com

Proud resident of Uptown Sedona

12/6  10-1  Legal Issues – Potpourri

12/6  1:30-4:30  Contract Writing – Cures

12/7  10-1  Sick Building Syndrome – the Moldy Facts (Disclosure)

12/7  1:30-4:30  Roots of Discrimination – Examining our past  (Fair Housing)

12/9  1:30-4:30  Broker Management Clinic (Commissioner’s Standards)

12/13  1:30-4:30  Agency – Arizona’s Way

12/14  10-1  Short Sales (Legal Issues)

$25/class or $75 for 8 classes over the next 12 months

Certificates emailed

1120 W SR89A, B-5 (at elevator turn to rear of bldg) LaTierra Plaza

Sedona, AZ 86336

Kathy Howe aka SedonaKathy

• how2educate LLC

Kathy Howe aka SedonaKathy

• www.how2arizona.com
• www.how2realtyreferrals.com
• www.sedonakathy.com
• www.how2businessplan.com

928-274-4088

RESERVATIONS:  kathy@kathyhowe.com