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.

Getting an Arizona real estate license, like in other states, has its requirements.

From the Arizona Administrative Code:

ARTICLE 4. EDUCATION

R4-28-401. Prelicensure Education Requirements; Waiver

A. Any individual applying for a real estate license shall either:

1. Complete the required 90-hour prelicensure education as prescribed in A.R.S. § 32-2124; or

2. Except for the 27-hour Arizona-specific course, apply for and be granted a waiver of the prelicensure courses.

B. If the waiver request is based on prior education, the applicant shall submit a letter to the Commissioner that includes or demonstrates:

1. The name, mailing, and business address, daytime telephone number, and signature of the applicant;

2. The type of license sought;

3. The name and address of the school;

4. The course description or curriculum, including credit hours; and

5. Completion of one or more real estate courses. Acceptable evidence includes;

a. A signed letter from a school representative or official transcript from a college or university, which indicates:

i. The starting and ending dates of the course;

ii. The number of semesters, quarters, and credit hours awarded per course; and

iii. Whether the course examination was passed.

b. Evidence of course completion provided as part of a certified license history from a state in which the applicant is currently or was previously licensed.

C. If the waiver request is based on experience, or education and experience, the applicant shall submit a letter to the Commissioner that includes:

1. A detailed resume covering the previous 10 years, indicating duties performed and the name and telephone number for each employer; and

2. An original certified license history, including disciplinary action if any, from the real estate regulatory agency in each state in which the applicant is currently licensed and from any other state in which the applicant was licensed during the preceding 10 years; and

3. One or more of the following:

a. Completion of one or more real estate courses. Acceptable evidence includes a signed letter from a school representative, or official transcript from a college or university, which identifies:

i. The starting and ending dates of the course;

ii. The number of semesters, or quarters, and credit hours awarded per course;

iii. Whether the course examination was satisfactorily passed.

b. Evidence of more than five years’ experience in a real estate related field; or

c. Evidence of course completion provided as part of a certified license history from a state in which the applicant is currently or was previously licensed.

D. The Department shall provide a copy of the prelicensure course content to any person requesting it.

E. A person shall not receive credit for more than 10 hours of prelicensure education classes per day.

GET LICENSED

Click on “Get Licensed” and find out about how2educate LLC’s prelicense training program for salespersons and brokers.  We’d love to help you join the real estate industry of Arizona.

Kathy Howe aka SedonaKathy

• Owner/Broker/Educator/Administrator/Writer
• Call or text:  928-274-4088
• Email:  kathy@kathyhowe.com 

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