Do you have what it takes to be a highly effective real estate agent?  Do you have the patience, the math skills, or the assertiveness to compete in a highly competitive industry?

Lindsey Webster has written a guest post for how2educate LLC:

Top Five Great Traits of Highly Effective Real Estate Agents

Click here to read her article.

Then click here to find out more about becoming a real estate agent in Arizona.

Kathy Howe aka SedonaKathy

• Owner
• Administrator
• Educator

how2educate LLC

• Prelicense Salesperson and Broker
• Arizona Continuing Education
• Distance Learning

Sedona, AZ

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

Arizona real estate licensees:

February 3, 2011

Message from Commissioner Lowe:

All real estate licensees, active and inactive, received this alert from Commissioner Lowe as a courtesy to inform licensees that Arizona will vigorously enforce the recent FTC rule which describes who can and who cannot negotiate short sales and the conditions under which a person may negotiate and who may or not be paid.

ADRE will begin enforcement of the “MARS” rule on March 1, 2011.

Click here to download the rules for Arizona licensees as co-written by Judy Lowe, AZ RE Commissioner and K. Michelle Lind, General Counsel for the Arizona Association of REALTORS(R).

This article brought to you by:

Kathy Howe aka SedonaKathy, Owner/Administrator/Educator

how2educate LLC

“The Essence of Learning”

Sedona, AZ

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

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

how2educate LLC’s November offerings:

——————————————————————-

• 11-15  10-1   Business Planning…the Nuts and Bolts (Commish Standards)
• 11-15   1:30-4:30  Short Sales, Anti-Deficiency, Bankruptcy – anatomy of a Short Sale (Legal Issues)
• 11-16   10-1  Sick Building Syndrome…and the Moldy Facts (Disclosure)
• 11-16   1:30-4:30  Broker Management – Primer to Open Your Office (Commish Standards)
• 11-18   1:30-4:30  Roots of Discrimination (Fair Housing)
• 11-19   10-1  RE Next Exit-the Future  (General)
• 11-19   1:30-4:30  Legal Issues – Potpourri  (Legal Issues)  APPROVED
• 11-20  10-1  Curing the Contract (Contract)  APPROVED
• 11-20  1:30-4:30  Agency – Arizona’s Way (new – Agency)

——————————————————————–

To register for a class:  kathy@kathyhowe.com

 All classes $25 each or 8 classes (24 hours) for $75 (during 12 month period)

Certificates sent out within the next week by email.

 Be certain to check the website:  www.how2educate.com

 All classes held at 1120 W SR89A, A-1, Sedona, AZ 86338, 928-274-4088

Arizona Department of Real Estate approved School

You are renting a property and you get a notice posted on your door that the owner is in default on the mortgage and a Trustee Sale or Auction is scheduled on such-and-such-a-date.  Yes, tenants have rights in a foreclosure.  Not necessarily the right to stay on the property, but rights.

What do you do?

1. Contact the owner, landlord, or property manager and ask for specifics.
2. Ask what will happen to your security deposit.
3. Ask if you will have to move.

While you may not get the answers you want, you have at least started a legal ball rolling.

In Arizona you can refer to the Arizona Landlord Tenant Act, ARS 33-1331.  If your lease was written after the foreclosure action was initiated, the owner, landlord, or property manager must give you notice:

A. If a rental agreement is entered into after the foreclosure action was initiated, the owner shall include written notice of possible foreclosure with the rental agreement with the tenant. The notice shall include a statement that is substantially in the following form:

“This property is undergoing foreclosure. For more information on this action, you should contact _____ (name, address, and phone number of the court where the action is filed or trustee, attorney or other responsible party).

A sale at auction may or may not occur as a result of this foreclosure. Currently, the sale of this property has been set for _____ (time, date and place) or no date for sale of this property has been established.”

If the owner fails to provide notice as prescribed in this section the tenant may deliver a written notice pursuant to section 33-1361 and recover damages and obtain injunctive relief. The security deposit shall be returned to the tenant as prescribed in 33-1321.

Generally, if either the tenant was not noticed as prescribed above or the foreclosure notice took place after the tenant moved in, followed by foreclosure during the tenure of the lease, the tenant will have recourse against the landlord.  There’s a great article from KeyLaw.com, Jeana Morrissey on the possibilities of foreclosure and how it affects a tenant.

how2arizona real estate does not do property management but will be happy to refer you to a Sedona Property Management firm to assist you with your property management needs.

We do list and sell properties which may be subject to foreclsoure and we do make certain that all proper notices are given tenants.

Kathy Howe aka SedonaKathy, Owner/Broker of how2arizona real estate

• www.how2arizona.com
• www.how2educate.com
• www.how2realtyreferrals.com
• 928-274-4088
• kathy@kathyhowe.com
• LaTierra Plaza, 1120 W SR89A, Sedona, AZ 86336

Kathy Howe is a proud resident of Uptown Sedona

how2educate LLC’s November offerings:

——————————————————————-

• 11-15  10-1   Business Planning…the Nuts and Bolts (Commish Standards)
• 11-15   1:30-4:30  Short Sales, Anti-Deficiency, Bankruptcy – anatomy of a Short Sale (Legal Issues)
• 11-16   10-1  Sick Building Syndrome…and the Moldy Facts (Disclosure)
• 11-16   1:30-4:30  Broker Management – Primer to Open Your Office (Commish Standards)
• 11-18   1:30-4:30  Roots of Discrimination (Fair Housing)
• 11-19   10-1  RE Next Exit-the Future  (General)
• 11-19   1:30-4:30  Legal Issues – Potpourri  (Legal Issues)  Pending Approval
• 11-20  10-1  Curing the Contract (Contract)  Pending Approval
• 11-20  1:30-4:30  Agency – Arizona’s Way (new – Agency)

——————————————————————–

To register for a class:  kathy@kathyhowe.com

 All classes $25 each or 8 classes (24 hours) for $75 (during 12 month period)

Certificates sent out within the next week by email.

 Be certain to check the website:  www.how2educate.com

 All classes held at 1120 W SR89A, A-1, Sedona, AZ 86338, 928-274-4088

Arizona Department of Real Estate approved School

how2educate LLC’s October offerings:

—————————————————————

• 10-14  1:30-4:30  Agency – Arizona’s Way (new course)
• 10-15  10-1  Negotiation, Mediation, Arbitration…Can’t We Talk? (Legal Issues)
• 10-15  1:30-4:30  Fair Housing – Gender
• 10-16  10-1  Broker Management Clinic – A Primer to Opening Your Own Office  (Commish Standards)
• 10-16  1:30-4:30  Short Sales, Anti-Deficiency, Bankruptcy – Anatomy of a Short Sale (Legal Issues)
• 10-19  10-1  Essentials – The Middle  (Contract)
• 10-19  1:30-4:30  Sick Building Syndrome…and the Moldy Facts  (Disclosure)
• 10-20  10-1  Real Estate Next Exit – the Future (General)
• 10-20  1:30-4:30  Business Planning…the Nuts and Bolts  (Commish Standards)

————————————————————————————————————————-

how2educate LLC’s November offerings:

——————————————————————-

• 11-15  10-1   Business Planning…the Nuts and Bolts (Commish Standards)
• 11-15   1:30-4:30  Short Sales, Anti-Deficiency, Bankruptcy – anatomy of a Short Sale (Legal Issues)
• 11-16   10-1  Sick Building Syndrome…and the Moldy Facts (Disclosure)
• 11-16   1:30-4:30  Broker Management – Primer to Open Your Office (Commish Standards)
• 11-17   1:30-4:30  Agency – Arizona’s Way (Agency)
• 11-18   10-1  Cure the Contract  (Contract)  Pending Approval
• 11-18   1:30-4:30  Roots of Discrimination (Fair Housing)
• 11-19   10-1  RE Next Exit-the Future  (General)
• 11-19   1:30-4:30  Legal Issues – Hot Topics  (Legal Issues)  Pending Approval

——————————————————————–

To register for a class:  kathy@kathyhowe.com

 All classes $25 each or 8 classes (24 hours) for $75 (during 12 month period)

Certificates sent out within the next week by email.

 Be certain to check the website:  www.how2educate.com

 All classes held at 1120 W SR89A, A-1, Sedona, AZ 86338, 928-274-4088

  Arizona Department of Real Estate approved School

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