• March 19:  8am – 11am   Res. v Land Contract
• March 19:  11am – 2pm  Agency – 26the Amendment
• March 19:  2pm – 5pm  Short Sales, Deficiency Judgments  (Legal Issues)

• March 20:  8am – 11am  Legal Issues – Potpourri
• March 20:  11am – 2pm  Fair Housing – “The Dream”
• March 20:  2am – 5pm  Commissioners Standards for Business Planning

• March 23:  8am – 2pm  Contract Writing (3 hrs contract & 3 hrs legal issues)
• March 23:  2pm – 5pm  Buyer Advisory (Disclosure)

1120 W SR89A, B5

Kathy Howe aka SedonaKathy

To access the NAR Code Of Ethics online course, click here.

To download a copy of the 2011 REALTOR(R) Code of Ethics, click here.

Check back for the January CE dates for the first offering by how2educate LLC

Looking forward to seeing you in the classroom!!

Kathy Howe

]]> http://how2educate.com/2011/12/01/realtorr-code-of-ethics-training-dec-ce/feed/ 0 http://how2educate.com/2011/10/06/marathon-az-re-ce-weekend-oct-21-22-23/ http://how2educate.com/2011/10/06/marathon-az-re-ce-weekend-oct-21-22-23/#comments Thu, 06 Oct 2011 09:46:17 +0000 sedonakathy http://how2educate.com/?p=1095 Like

Sedona in October is awesome

This is Oak Creek Canyon near West Fork

Can you study and enjoy the Sedona environment?  Of course.  how2educate is offering 9 CE classes over 3 days to help you get in your AZ RE renewal hours.  Join others.  Chose 8 courses for $90, 3 for $50, or 1 for $20.  Breakfast snax and lunch items available.

Kathy Howe aka SedonaKathy

Uptown Sedona Resident

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

Busy session for AZ legislature.  How does all of this affect you?

HB2345: HOA; Condos; For Sale Signs 

• HOAs (planned communities and condos) cannot prohibit temporary “open house” signs except in the common area
• HOAs cannot require a particular sign, nor can they prohibit a for sale sign that meets industry standards
• HOAs cannot prohibit “for lease” signs unless the governing docs prohibit leases
• HOAs cannot regulate an “open house” so long as the “open house” occurs between 8am and 6pm

HB2371: Home Inspections

• Certified home inspectors must include pools and spas

HB2450: Water and Wastewater Fees and Charges

• Prohibits a municipality from refusing service or requiring payment for unpaid water and wastewater services from anyone other than the person contracted with the municipality

HB2766: Tenant Notice; Foreclosures

• If the landlord of a residential property of not more than four connected units that is under foreclosure leases a unit, the landlord must provide each tenant with written notice of possible foreclosure. Form of the notice is prescribed and includes, if known, the date, time and place of the foreclosure sale. If a landlord fails to comply with the notice requirement, the tenant may deliver a notice of breach of agreement and recover damages and obtain injunctive relief

HB2768: Real Property Transfer Fee Covenants

• Prohibits private transfer fees paid to developers or third-party companies on the sale of real property.  This legislation targets a specific and new type of transfer fee, not those paid homeowner associations. Government-imposed transfer fees are already prohibited by the 2008 constitutional amendment drafted by AAR and passed by the voters

SB1219: Real Estate Licensee

• Returns license renewal to 2 years
• Allows licensee to cancel real estate license with ADRE
• Defines business broker
• Requires a valid fingerprint clearance card from DPS before applying for a license from Arizona Department of Real Estate

Kathy Howe aka SedonaKathy

Those signed up for the Jay Thompson 8-27 class (18 max):

• Beth Larsen
• Barbara Thomson
• Luminous
• Rebekah Fairlight
• Ed Hanley
• Morrey Shifman
• Harry Feltman
• Joanne Holiday
• Airen Sapp
• Debb Carl
• Jennifer Graham
• Barbara Pancrazizo
• Mary Bowden
• Francie Thompson

August

We have a special presentation on Friday, August 27:  Instructor Jay Thompson

Only 3 seats left!!

Our location:  LaTierra Plaza on North Airport Road, 1120 W SR89A, A-1, Sedona, AZ 86336  928-274-4088