insight | spring 2014

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THE VOICE OF REAL ESTATE IN NORTH CAROLINA VOL 93 NO 2 | SPRING 2014 NCREALTORS.ORG ONE HOUSE DOESN’T FIT ALL NAVIGATING THE TOP TRENDS FOR TODAY’S BUYERS PREVIEW 2014 NCAR Convention & Expo Sept. 14-17 | The Homestead | p. 14 + 2014 LEGISLATIVE PREVIEW: PREPARE TO ADVOCATE

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One House Doesn't Fit All Discover the top housing trends growing over the last few years.

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Page 1: Insight | Spring 2014

THE VOICE OF REAL ESTATE IN NORTH CAROLINA VOL 93 NO 2 | SPRING 2014

NCREALTORS.ORG

ONE HOUSE DOESN’T FIT ALLNAVIGATING THETOP TRENDS FOR TODAY’S BUYERS

PREVIEW2014 NCAR

Convention & Expo

Sept. 14-17 | The Homestead | p. 14

+ 2014 LEGISLATIVE PREVIEW: PREPARE TO ADVOCATE

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9 One House Doesn’t Fit All Discover the top housing trends growing over the last few years.

12 Making a House a Home Use these nine staging tips to turn your next vacant, cluttered or uninviting listing into an appealing home. 14 2014 NCAR Convention & Expo Preview This year it’s all about embracing change and incorporating new techniques in your business.

4 Presidents Message

5 Numbers to Note 6 Calendar 17 Inside NC REALTORS® New updates from NCREEF, spotlight on NCAR and a look at AEs. 22 Partner Update The basics of homeowners insurance.

23 Commercial Connection Legislative issues that could affect commercial real estate this year.

24 Government Affairs Prepare to advocate.

26 5 minutes with... Connie Corey, 2014 RPAC Trustee Chair.

28 Forms Guy Top 10 Questions about the Contract. 30 Tech Tips It’s time to upgrade to zipForm® Plus.

Have something to talk about? Sure you do -- and we want to hear it! Send your stories of success, laughter or inspiration to [email protected] and you could be featured in the next Insight magazine!

Features

In Every Issue

3 INSIGHT • Spring 2014

SPRING 2014

Contents

Page 4: Insight | Spring 2014

Happy Spring to all our NCAR Family!

And, what a winter it was. Mother Nature threw a hard punch, as white stuff fell from the heavens beginning in January, and some REALTOR® businesses even had to close for few days. Her roundhouse swing failed to hit the REALTOR® spirit, however!

That was evident as I was invited this winter to visit associations across the state, where I had the opportunity to meet and speak with the membership. The kindness and hospitality I received far exceeds my vocabulary. And, without exception, the clear message was that our members are excited about their future in this wonderful industry.

North Carolina real estate clearly did not hibernate and is bounding ahead. It flexed its muscles and has demonstrated its strength once again. State and national publications recently identified a number of North Carolina municipalities as the “Top 10” areas to live and noted their rapid growth in sales.

In my travels around the state, I was fortunate to spend time with the 2014 NC REALTORS® Leadership Academy class in Pine Knoll Shores in March. I observed the 12 class members’ day of stimulating discussion with NAR Past President Charles McMillan and then another day of project work. I can assure you that, when these class members take on a leadership role in the future, we will be in good hands. If you too have aspirations about being a leader, be sure to complete an application for the 2015 NC REALTORS® Leadership Academy at ncealtors.org and return it to NCAR Director of Professional Development Ellie Edwards.

As we look ahead to the second half of 2014, another way you can benefit and make a difference is by registering (at ncrealtors.org or realtor.org) to attend three upcoming events. The NAR REALTOR® Party Convention will be held in Washington, D.C. May 12-17, and NCAR Legislative Days will be held in Raleigh June 16-18. Please make every effort to attend these meetings to ensure the NC REALTOR® message is heard widely, loud and clear.

Also, the 2014 NC REALTORS® Convention & Expo, to be held September 14-17, promises to be an exceptional event with both top-notch educational opportunities and a lot of fun. NCAR staff have negotiated an amazing rate for the five-star venue, The Omni Homestead Resort in Hot Springs, VA. Make the most of your trip and consider extending your stay before or after Convention by contacting The Homestead directly for their availability.

Lastly, if you haven’t invested in RPAC, please do so today. This will be critically important to our organization, industry, economy and property owners this year.

Enjoy your spring!

President’sMESSAGE

4 INSIGHT • Spring 2014

President Tomp Litchfield

President-Elect Tony Smith

Treasurer Treasure Faircloth

Immediate Past President Patrice Willetts

REGIONAL VICE PRESIDENTSRegion 1: David Perrot, Kill Devil Hills; Region 2: Jody

Wainio, Wilmington; Region 3: Steve Cohen, Fayetteville; Region 4: Kim Dawson, Durham; Region 5: Amy

Hedgecock, High Point; Region 6: Patrick Morgan, Boone; Region 7: Marsha Jordan, Lincolnton; Region 8: Alison

Royal-Combs, Laurie Knudsen, Charlotte; Region 9: Billie Green, Asheville; Region 10: Teresa Pitt, Jose Serrano,

Raleigh; At-Large: George Bell

Executive Vice President Andrea Bushnell

Editor Blair Wilburn

Assistant Editor/Designer

Mckenzie Hamrick

Contributors

For Advertising information, contact Mike Buescher

at 336-808-4229 or [email protected].

Insight (USPS 017602) is published four times a year during the months of February, May, August and November by the North Carolina Association of REALTORS®, 4511 Weybridge Lane, Greensboro, NC 27407. Member subscriptions of $3.56 are covered by annual membership dues. Periodicals postage rates paid at Greensboro, NC.

POSTMASTER: Send address changes to NCAR - Insight Magazine; 4511 Weybridge Lane, Greensboro, NC 27407.

This publication is designed to provide accurate and authoritative information regarding the subject matter covered. Articles which appear in Insight are an informational service to members. Their contents are the opinions of the authors alone and do not necessarily represent those of the North Carolina Association of REALTORS®.

Advertising of a product or service does not imply endorsement, unless specifically stated.

4511 Weybridge Lane, Greensboro, NC 27407

Phone: (336) 294-1415, Toll Free: (800) 443-9956

ncrealtors.org

Insight Magazine, Volume 93, Issue 2

Bill BassRobert Broome

Adair CollinsTyler Helms

Susan LacyWill Martin

Bridget McCreaKristin Miller

Page 5: Insight | Spring 2014

ncrealtors.org • INSIGHT 5

317The number of square feet by which the average new-home size has increased since 2009.

2018The year that the median price of single-family homes is predicted to approach the peak reached in 2006.

70The percentage of Americans who say they would buy if they were going to move, compared to the 26 percent who would rent.

65The percentage of home buyers that desire an “environment friendly” home.

29.7The percentage by which vacation-home sales jumped in 2013.

SOMETHING TOTALK ABOUT

72%are now happier after remodeling their home

74%preferBIG

windows

are happiest in rooms that are clean and organized

men are more than twice as likely to derive happiness from a big-screen TV

74%

2x

42%�nd happiness in the living room

15% say the kitchen is their happy place

Being surrounded by immediate family is preferred.

HAPPYisIn a recent Houzz survey, 87 percent of the more than 6,000 respondents said that home design impacts their overall happiness. Take look at what exactly makes homeowners smile in the comforts of their home.

"A home is supposed to be our ultimate evidence that in America, hard work pays o�, and responsibility is rewarded."

-- PRESIDENT BARACK OBAMA

Home is where the

Page 6: Insight | Spring 2014

6 INSIGHT • Spring 2014

Calendar May 20, 10 a.m.–11 a.m.

Webinar: Marketing Service Agreements – What Every Broker Needs to KnowNCAR has teamed up with the South Carolina and Virginia Associations of REALTORS® to bring you this special webinar exploring marketing service agreements and their compliance, presented by Phillip L. Schulman of K&L Gates LLP in Washington, D.C.

Register online at ncrealtors.org.

Jun. 11, 10 a.m.–11 a.m. Webinar Wednesdays: Legal Issues - Conversation with the Commission Join the NC Real Estate Commission as they share the most common pitfalls to avoid, how to stay out of trouble and legal issues that affect your business.

Register online at ncrealtors.org.

Jun. 16-182014 Legislative Meetings, RaleighIt is important to attend this year’s meetings as we will be visiting legislators and discussing issues significant to REALTORS® and the real estate industry.

Visit ncrealtors.org for more info.

Jul. 27-29Regional AE Conference, Savannah, GA

Register at regionalaeconference.com.

Aug. 18-19NAR Leadership Summit, Chicago, IL

Visit realtor.org for more info.

Sep. 14-17NC REALTORS® Convention & ExpoThe Homestead, Hot Springs, VAJoin your colleagues September 14-17, as we host the 2014 NC REALTORS® Convention & Expo at the beautiful Omni Homestead Resort. Register today!

Register at ncarconvention.org.

SOMETHING TOTALK ABOUT

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ncrealtors.org • INSIGHT 9

So you want to find that “perfect” new home for your clients. What will make it a perfect fit for them? Size, location, style, interior? All of these will contribute, but of course will be different for each buyer, so let’s start with the basics. Home building is not an industry where big changes happen really fast. Change evolves over time, as do the preferences of home buyers. As the population ages and lifestyles change, features desired in a home also change. Here are a few trends that have been growing in acceptance over the last few years and will continue to be popular in 2014.

2014 HOUSING TRENDS

BY BILL BASS, 2002 NCAR PRESIDENT

ON

EDOESN’T FIT

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10 INSIGHT • Spring 2014

Regardless of what buyers want, a strong, solid foundation should be first on the list. Water is one of the major enemies of any house and every precaution should be taken to keep it away. Properly maintained gutters and downspouts are essential. Careful grading and landscaping will keep water flowing away from the foundation as well.

Houses are built to last for many years. Occasionally however, a product will fail over time. Some homeowners have seen problems with synthetic stucco, certain types of plumbing products, such as polybutylene pipes and imported drywall. The costs to repair or replace some of these products have been astronomical for homeowners. A good rule of thumb is that the longer a specific product has been used without problems, the safer it is to assume that future problems won’t occur.

In the United States, more households are becoming multi-generational. That change is leading to a developing trend – flex rooms. Buyers want rooms that can be used for many purposes, with change in mind. The ability to use a room as a den, a craft room, a guest bedroom or an office means that the home can also be a little smaller than if the rooms are designated for a single use.

Homes with a dual master setup or separate apartments are becoming more common as well. Families often find that their young adult children are moving back home due to job conditions, and others have one or more older parents coming to live with them. All of these situations increase the need for separate living space that allows for some privacy.

Efforts to conserve energy and water throughout the home continue to be popular for today’s home buyers, especially younger buyers. Millennials, who comprise the largest share of home buyers these days, want “green” homes, those that are more economical and environmentally friendly.

Almost all types of heating and cooling systems, generally called HVAC (heating, ventilation and air conditioning), have become more efficient in recent years. Government requirements, tax incentives, consumer expectations and the rising costs of fuels are main reasons for the change. Also, when having a new system installed, remember bigger is not always better. If a unit is correctly sized, it will keep the home comfortable and keep the heating and cooling costs down.

The geothermal heat pump is also becoming more popular in today’s homes. Many people don’t realize that the temperature below ground stays fairly constant all year, regardless of climate or season. Geothermal systems tap into this free energy with either a series of wells or an earth loop to provide the home with central heat and air, while also providing multiple functions throughout the home. For example, during the heating cycle, the geothermal system pulls heat from the ground and distributes it through a conventional duct system as warm air. This same heat energy can also be used for a radiant floor system or domestic hot water heating.

2014 HOUSING TRENDS

ENERGY AND WATER EFFICIENCY

FLEXIBLE/OPEN PLANS

STRONG FOUNDATION

10 INSIGHT • Spring 2014

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The desire for multi-purpose garages and storage is often a priority for today’s home buyers. New homes seem to highlight spacious walk-in closets and plenty of cabinets. Cathedral ceilings are losing favor as families prefer usable space below the roof. Garages are also getting bigger to accommodate for more than just cars. Families want more room for shop space and toys like boats, jet skies, lawn tractors and golf carts.

Decks and porches are now considered true extensions of a home’s living space. Home buyers are showing increased interest in maximizing the function, comfort and personalization of their outdoor spaces and are realizing that it’s far more economical to expand their living space outside than to enlarge or renovate their home’s interior. Screened porches are becoming a year-round livable space with the addition of a fireplace, roll-down shades and even TV/audio systems.

With our busy lives, and automation costs coming down, it’s becoming more affordable to control a home’s systems – temperature, security, electronic, lighting and more – though a single device, like a smartphone or tablet. Doing so can eliminate multiple controls and make it easy to manage things around the house, especially when you are not even there.

Tankless water heaters are also gaining popularity, especially ones that are automated and WiFi compatible. The idea behind a tankless system is that it heats the water as you need it instead of continually heating water stored in a tank, helping to conserve energy and monthly costs. If you choose an automated model, your temperature, duration and power levels can all be monitored and controlled remotely, from a smart device or computer.

ABUNDANT STORAGE

AUTOMATED CONTROLS

OUTDOOR LIVING

A healthy home is one that incorporates healthy design elements, non-toxic building materials and proper construction techniques. For years, building codes have gotten stricter about the way houses are insulated. Builders are much more aware of the need to install windows correctly to avoid weather intrusion, a major problem in any home. Insulation standards are higher and some manufacturers of insulation claim that their products can contribute to a healthier home by managing moisture and thereby reducing mold and mildew growth. Other manufacturers now have insulation that has low or no gases that could cause a health problem.

HEALTHY HOME

ncrealtors.org • INSIGHT 11

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12 INSIGHT • Spring 2014

making a HOUSE a homeSelling the American Dream in today’s buying environment

isn’t always easy, but with a little help from a concept known as “home staging,” REALTORS® can help their sellers make an impact on every buyer who crosses their thresholds. Properly staged, a home will entice buyers to walk in and say to themselves, “I would love to live here!”

Of course, REALTORS® have been sprucing up homes and making helpful suggestions since the industry was born, but when Barb Schwarz, president of Stagedhomes.com in San Francisco, came up with the concept of staging in 1972 she gave the process a name and a face. “At the time, REALTORS® were afraid to tell sellers what to do with their homes for fear of insulting them, and many of them still are,” says Schwarz, a REALTOR® herself. “We all knew about the cat smell and the bad wallpaper, so everyone was very hungry for a way to alleviate those issues and sell the homes quickly, and at the right price.”

Staged homes have also been proven to sell faster (83 percent faster than non-staged homes, according to the National Association of REALTORS®), says Joan Inglis, an Accredited Staging Professional Master®, REALTOR® and owner of Carolina Spaces, LLC, in Charlotte. “When staged,

BY BRIDGET MCCREA

Use nine these staging tips to turn your next vacant, cluttered or uninviting listing into an appealing home.

homes sell at or very close to list price, with no succession of price reductions,” says Inglis. In most cases, she says the most critical aspect of staging is removing homeowners’ personal collections and preferences from sight.

“If someone pokes his or her head in a room and doesn’t like what’s there – a personal doll collection, garish purple wallpaper, or cluttered bric-a-brac – it can significantly impact the showing experience,” says Inglis, who adds that simple efforts like clearing off bathroom and kitchen countertops can also help make a house feel like more than a storage facility. Ultimately, she says REALTORS® should help sellers cut emotional ties with their “stuff” and view their homes as products versus personal spaces.

“If the seller is living in the home, the first thing you want to do is pre-pack and/or stash all of the clutter,” advises Christine Kennedy, owner of Professional Homestaging & Design in Raleigh. “Showing square footage is very important, versus making the home look cozy and lived-in.”

As for vacant homes, Inglis says renting furniture and props to fill out at least a few of the most important rooms (living room, dining room, master bedroom), helps create a sense of home in the empty space. “I just worked with a builder who had one particular buyer come through twice without showing much interest,” says Inglis. “When the builder staged the home and then invited the potential buyer back to see the home furnished, the man signed a contract for it on the spot.”

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ncrealtors.org • INSIGHT 13

Regardless of whether you’re working with an occupied or vacant listing, you can use these nine staging tips to prep the home for maximum exposure and the fastest possible sale:

1 Outside• Put a new floor mat at entry and new mailboxand post, if aged. Then, add mulch to flower beds and shrubs.

• Paint, stain or varnish front door and polish brassand install a new brass kick plate.

2 Foyer• Make sure it is clean and not cluttered withfurniture. Clean light fixtures and floor untilthey sparkle.

• Add a nice touch with a small entrance table withfresh cut flowers.

3 Family/Living/Great Room• Put away all collections (figurines, fragile items, etc.)and store all political and religious mementos as wellas any business, sports and personal awards.

• Remove all crowded furniture; open the room upand show lots of space.

4 Dining Room• Take extra leaf out of the table and put nice whitetablecloth on it.

• Place a nice arrangement in center of table.

5 Kitchen• Remove all refrigerator magnets and items, including children’s pictures from school.

• Stow all small appliances under the cabinets to free up counter space.

6 Bathrooms• Downplay dated ceramic tile color with white towels,window treatments and scatter rugs.

• Replace rusted sinks or cover up spots with touch-up kit. Repair or replace defected exhaust fans.

7 Bedrooms• Remove bulky furniture and voila, the room will appear larger.

• Clean out closets to make them appear as if there is plenty of room to spare.

8 Garage/Basement

• Remove stains from garage floors. • Clean all windows and remove cobwebs in corners.

9 Screened Porch

• Repair all screen holes or replace screen completely,depending on condition.

• Make sure outdoor furniture is clean and orderly,and not excessive.

Staging a vacant spaceAdding just a few elements of design can really help create a sense of home in an empty space. Take a look at these before and after photos from Joan Inglis of Carolina Spaces, LLC, in Charlotte.

before

after

before

after

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14 INSIGHT • Spring 2014

2014 NCAR CONVENTION & EXPO PREVIEW

Rich HistoryThe Omni Homestead is surrounded by the four-

season splendor of the Allegheny Mountains. This National Historic Landmark welcomed its first guests a decade before the American Revolution, and presidents and princes are among the guests who have “taken the waters” in the resort’s legendary healing springs.

LuxuryEnjoy luxurious guest rooms, beautifully

appointed with rich fabrics and furnishings. And don’t miss the 60,000-square-foot spa offering signature treatments, massages, skincare and therapy and an adults-only Spa Garden featuring the historic hot springs and poolside cabanas.

The OutdoorsThere are over 30 recreational activities for guests

of every age to enjoy during their stay at the resort. For adrenaline junkies and nature aficionados, the mountains and valleys surrounding the resort are bursting with outdoor activities from horseback riding to archery and even falconry. Professional and amateur players alike can enjoy the resort’s top-ranked golf courses, home to multiple USGA championships and other exclusive events.

Afternoon TeaAfternoon Tea at The Omni Homestead is one of the

resort’s most cherished and historic traditions. Enjoy unlimited tea and delicious treats every afternoon from 3 p.m. to 4 p.m. in the Great Hall.

Special EventsSUNDAY, SEPT. 14• Opening Session & Keynote by Dr.Willie Jolley • Opening Evening Reception & Expo Kick Off• Dance Party with the Craig Woolard Band

MONDAY, SEPT. 15• Trivia Night & RPAC Fundraiser

TUESDAY, SEPT. 16• Final Night Gathering with DJ

This year’s Convention & Expo is focused on changes that will improve your business and will feature education focused on successful strategies such as:

• Increasing sales & marketing profitability• Navigating the market with the newest

apps and technologies• Leading the way with excellent customer

service techniques• Knowing what Congress is doing that may

affect your business

This year’s keynote address focuses on keeping an open mind about change for your business. Dr. Willie Jolley is the “Attitude and Achievement Expert” and has been named “One of the Outstanding Five Speakers in the World” by Toastmasters International. Don’t miss his inspirational message and motivational words to push you and your business to the next level. There’s always room for improvement, so commit to making changes now...Register today!

KEYNOTE

Small Changes Can Make a HUGE Difference!

Change is Good...When Your Attitude is GREAT!

Experience...

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ncrealtors.org • INSIGHT 17

New Developments from NCREEF BY: SUSAN LACY, 2014 NCREEF PRESIDENT

The North Carolina Real Estate Educational Foundation is pleased to announce exciting news for 2014 as we roll out two major projects the board has worked diligently to complete.

NCREEF Scholarship Program The NCREEF Scholarship Program will offer financial

assistance to NCAR members who choose to enhance their career and professionalism through education. NCREEF will award 20 individual scholarships, worth $250.00 each, to members in good standing with NCAR. The scholarships may be used to either reimburse a course that has been taken within the last three months, or to supplement tuition of an upcoming 2014 course. The reimbursed education must be above and beyond required CE training, such as a designation or certification course, training workshop or professional development seminar.

To download an application, please visit ncreef.org and click the “Our Projects” tab. The deadline is June 30, 2014.

INSIDE NC REALTORS®

Homeowners Associations and How They WorkThe concept of a Homeowners Association means different

things to different people, and most future homeowners give little thought to how it will affect them. How many times have you heard these questions - Why are HOAs needed? Who serves on the HOA? Who determines the dues and structure? Buyers need to know these answers before signing a contract, and as their REALTOR®, the more you know about HOAs the more you will be able to help.

NCREEF has developed a course called Homeowners Associations and How They Work. This in-depth course, written by REALTOR® and instructor Rita Horton, covers the legal requirements of Homeowners Associations, provides specific questions that buyers have the right to ask and includes actual case studies from several North Carolina HOAs. This brand new, one-of-a-kind course has been approved for four hours of elective CE credit and is ready to be licensed to local associations and real estate schools. Please contact the NCAR Professional Development Department for more information.

NCREEF has focused on the importance of professional development for the past 52 years and we are committed to keeping quality education on the forefront for a brighter future. Please support the North Carolina Real Estate Educational Foundation and let us know what we can do to better serve the educational needs of REALTORS® across the state!

NCAR Executive Vice President, Andrea Bushnell (pictured right), was given the distinct honor of being appointed as chair of a unique Organizational Alignment Presidential Advisory Group (PAG). This specialized PAG, appointed by NAR President Steve Brown, has been charged charged to come up with a “rebuilding” plan to ensure unity within, and long term viability of, the 100 year old REALTOR® organization. The recommendations of this PAG will be presented to the NAR Board of Directors at the REALTOR® Party Convention at the upcoming REALTOR® Party Convention & Trade Expo in Washington, D.C. NCAR is honored to play a role in shaping the future of the real estate industry to help ensure our members’ success and prosperity.

SPOTLIGHT ON NCAR

NC REALTORS® Leading the Way for Organization and Industry Success

Page 18: Insight | Spring 2014

18 INSIGHT • Spring 2014

Association Executives: What Hat Today?

A ssociation Executives are a gift to each local REALTOR®association/board. I say that because it has been an absolute pleasure to visit many of North Carolina’s associations/boards over the past 2 ½ years.

When I visit, I try to arrive early to engage members in thought and interaction. One of the questions I always ask is, “What does your AE do?” Moreover, the responses are so varied that they led me to think of all the many hats our AEs wear.

The vast majority of the association/board membership is aware of only a fragment of the AE’s duties, and not of what they accomplish in addition to their official job description. I fell into this trap myself for years, not taking the time to focus on what AEs did since everything ran smoothly. All too often, we take their knowledge, skills, talents and service for granted, with little or no thought, because the office machine is working to perfection.

But, how well would this intricate machine with many gears and moving parts stay oiled and function with precision if there were no AE? If you are honest with yourself, the answer is, “not long.”

After putting these talented executives under a microscope, bringing their duties into focus and working with them over a decade, I am astounded by what they achieve. Not only do they serve multiple rolls within their association, but they must also be legislatively proficient

and possess a keen knowledge of labor and criminal law, municipal ordinances and our code of ethics.

Take a glimpse at the list I’ve created to show the many “hats” our AEs wear on a daily basis. Put a check beside ones that you’ve witnessed in your own AE.

Hopefully this insight will help you to see into your AE’s working world

with a microscope and appreciate what they do for us

every single day. Won’t you

please join me in calling your AE today to say, thank you for all that

you do.

INSIDE NC REALTORS®

TOMP LITCHFIELDPresident

My AE Leads as... Bill Collector

IT Expert

Educator

Discussion Leader

Supply Sergeant

Maintenance Professional

Accountant

Secretary

Strategic Planner

Purchasing Agent

Record-keeper

Parliamentarian

Mediator

Human Resource Director

Property Manager

Event Planner

Therapist

Crisis Manager

Hand-holder

Janitor

Security Guard

Entertainer

After-dinner Speaker

Early Riser

Night Owl

Chauffeur

Whine Controller

Wine Controller

Jack-of-all-trades

18 INSIGHT • Spring 2014

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20 INSIGHT • Spring 2014

NICOLE ARNOLD

Title: Shared Government Affairs Director (Shared GAD) for NCAR, GRRA, HPRAR

Why members would contact you? Local issues of concern for our industry.

Joined the team: 2012

Where were you before joining NCAR? Political campaign consulting for federal, state and local races.

Education: Duke University, Public Policy Studies, B.A.; UNC Charlotte, Master of Public Administration

Related designations/experience: Political consulting, nonprofit management certificate, NC Real Estate Licensure.

In high school, you were voted (or would have been voted) “Most Likely to…” Become President.

What’s your favorite song on your iPod right now?  O Mio Babbino Caro by Renee Fleming (I listen to a lot of opera, and I listen to it really loud). 

What did you want to be when you grew up? A teacher, which is still how I think of myself today in my role as Shared GAD. I facilitate the voice of REALTORS® in their communities and empower them to lead and to win.

ROBERT BROOME

Title: Dir. of Regulatory Affairs

Why members would contact you? I represent NCAR before state regulatory boards and agencies, and lobby the General Assembly. If you have a question about a political matter or public policy issue, let me know.

Joined the team: August 2013

Where were you before joining NCAR? I was the Director of Government Affairs at the Atlanta Board of REALTORS® and Atlanta Commercial Board of

From left to right: Nicole Arnold, Robert Broome, Cady Thomas, Adair Collins and Kristin Miller.

Photo: Robin Cooper Photography

REALTORS®. Before that, I was with the Tennessee Association of REALTORS®.

Education: B.S. in Political Science, cum laude, from Austin Peay State University.

Related designations/experience: I’ve been a professional lobbyist for REALTORS® for 14 years, and I chaired the NAR Government Affairs Director Institute in 2013.

Guilty Pleasure? Binge-watching “House of Cards” on Netflix.

What’s your favorite song on your iPod right now? “All of Me” by John Legend.

What’s the best piece of advice that you’ve ever received? It used to be, “Dress for the job you want, not the job you have,” but the NASA spacesuit was super-hot in the summertime.

ADAIR COLLINS

Title: Dir. of Political Communications

Why members would contact you? I handle NCAR Government Affairs

communications and serve as the staff liaison to Homes4NC.

Joined the team: May 2013

Where were you before joining NCAR? I worked in Washington, D.C. for an association, a foundation and governmental organizations.

Education: M.A. from American University and a B.A. Honors Degree from Sweet Briar College, with a year at the University of St. Andrews, Scotland.

Related designations/experience:Two decades of experience in communications, marketing and development.

What are you currently reading? Inspiring accounts of community outreach by North Carolina REALTORS®.

What did you want to be when you grew up? A writer.

What’s the best piece of advice that you’ve ever received? “Never stop trying to make a difference.”

Meet the Staff: Government Affairs

INSIDE NC REALTORS®

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ncrealtors.org • INSIGHT 21

INSIDENC REALTORS®

KRISTIN MILLER

Title: RPAC Manager

Why members would contact you? I serve as NC RPAC’s chief fundraiser and manager of all RPAC activities and programming. I am the primary staff liaison to the NC RPAC Trustees and responsible for management of all regular communication with trustees regarding RPAC issues including fundraising, candidate funding and related information from National RPAC.

Joined the team: July 2007  

Where were you before joining NCAR? Offutt Systems

Education: B.A. in Communication/Public Relations from Appalachian State University.

Designations/experience related to your current position: Managing the NCAR REALTOR® Partner Program for four years allowed me to build relationships with local associations and gain the experience I needed to make the

program succeed. I’ve always wanted to make a difference in the world and now I am…protecting the real estate industry, one RPAC investment at a time.

In high school, you were voted (or would have been voted) “Most Likely to…” Argue with a brick wall.

Guilty Pleasure? Watching Bravo, preferably the Real Housewives. I also love hot dogs, with mustard and chili of course.

When you were little, what did you want to be when you grew up? An ice skater, mostly because I wanted to master the triple axel.

CADY THOMAS

Title: Dir. of Government Affairs

Why members would contact you? Contact me with any legislative questions, Homeowners Alliance and NC VRMA

Joined the team: March 2008

Where were you before joining NCAR? Corporate Attorney

Education: B.A. from Sweet Briar College; J.D. from Washington College of Law at American University and M.B.A. from Kogod School of Business at American University.

Designations/experience related to your current position J.D. and M.B.A.

What was your nickname growing up? CadyLou

Guilty Pleasure? Pedicures

What did you want to be when you grew up? President

What’s the best piece of advice that you’ve ever received? “Never make anyone a priority for whom you are only an option.”

Next issue: Administration

Administration

Andrea BushnellExecutive Vice [email protected] Dial: 336-808-4222

Bryan Jenkins Chief Financial Officer [email protected] Dial: 336-294-3112

Donna Peterson Executive Assistant [email protected] Direct Dial: 336-808-4221

Phyllis Lycan Financial [email protected] Direct Dial: 336-808-4224

Denise DalyMembership Records Coordinator/[email protected] Dial: 336-808-4223

Sherry Harris Administrative [email protected] Direct Dial: 336-808-4230

Mike BuescherDirector of Business Development [email protected] Dial: 336-808-4228

Robin CooperPartner Program [email protected] Dial: 336-217-1047

Caroline [email protected] Dial: 336-808-4220

Communications & Marketing

Blair WilburnDirector of Communications & [email protected] Direct Dial: 336-808-4228

Mckenzie Hamrick Communications Specialist [email protected] Dial: 336-808-4227

Samantha AshburnElectronic Communications [email protected] Dial: 336-808-4226

Tyler HelmsTechnology [email protected] Dial: 336-808-4225

Events

Mandy LoweEvents [email protected] Dial: 336-808-4236

Keri Epps-RashadMeeting Planner and EXPO [email protected] Dial: 336-217-1049

Government Affairs

Cady Thomas Director of Government [email protected] Dial: 919-573-0996

Robert BroomeDirector of Regulatory [email protected] Dial: 919-573-0994

Kristin Miller RPAC Manager [email protected] Direct Dial: 919-573-0995

Adair CollinsDirector of Political [email protected] Dial: 919-573-0992

Nicole Arnold Local Government Affairs [email protected] Dial: 336-808-4237

Legal

Will MartinGeneral [email protected]

Kay BaileyLegal Assistant/Legal Programs [email protected] Dial: 336-808-4235

Professional Development

Ellie Edwards Director of Professional [email protected] Dial: 336-808-4231

Monica HuckabyProfessional Development [email protected] Dial: 336-217-1051

NCAR STAFF CONTACTS Members of the NCAR staff can be reached by telephone at 800-443-9956 during normal business hours Monday through

Friday, from 8:30 a.m. to 5 p.m. Staff members are listed below, by department, with their respective email addresses.

Greensboro Office: 4511 Weybridge Lane, Greensboro, NC 27407 Raleigh Office: 421 Fayetteville Street, Suite 1109, Raleigh, NC 27601

Page 22: Insight | Spring 2014

22 INSIGHT • Spring 2014

How Much Homeowners Insurance Does a Buyer Need?

If you think buying homeowners insurance is a one-time deal, you may want to give that a second thought. Clients will likely take a close look at their homeowners coverage when purchasing a new house, but remodeling or a room full of new furniture are also good reasons to revisit insurance policies. Homeowners should think about extra coverage to protect those great investments, too.

Whether you’re selling a new home or reassessing where you are now, making sure you have adequate coverage is key. Here are some things for homeowners to think about—and, even more important, to talk over with their insurance agents.

According to the Insurance Information Institute, there are four key things homeowners need sufficient insurance to cover.

1. Physical structure of the home. Insurance should cover the

cost of rebuilding the home at current construction costs. This is not the same as the purchase price of the home. Insurance or real estate agents can help calculate the cost for replacement based on square footage. Homeowners should also consider the cost of replacing anything that has been added, such as a custom kitchen, new windows and other improvements.

2. Personal possessions. To know whether a homeowner has

enough coverage for their possessions, they should conduct a home inventory by

PARTNER Update

REALTORS® aren’t in the nature of giving insurance advice – however, it’s always good to be “in the know” when it comes to decisions your homebuyers are faced with throughout the purchasing process. BROUGHT TO YOU BY NC REALTOR® PARTNER NATIONWIDE INSURANCE®

REALTORS® with the basic knowledge of homeowners insurance can provide great insight to their buyers.

The REALTOR® Partners Program enables NCAR members to take advantage of exceptional offers from our Partners on practical everyday business purchases. Visit ncrealtors.org or contact Robin Cooper at 336-808-4233 for more information.

listing and documenting everything they own and what it would cost to replace it. If there are very valuable items such as jewelry or artwork, they should ask their insurance agents about a rider or floater to cover them.

3. Additional living expenses. If a home is damaged, homeowners

will need somewhere else to live while it’s being repaired. They’ll need coverage for the cost of rent or hotel bills, restaurant meals and other living expenses. Many policies include this coverage as a standard amount, but if the homeowner needs more coverage, they may be able to buy an additional policy.

4. Liability. Homeowners insurance policies may provide coverage in

the event they, their pet or anyone in their family causes injury or property damage

to someone else. This coverage may help reimburse for court costs and may pay damages if there’s a lawsuit. Homeowners can buy basic coverage or add to it with umbrella or excess liability coverage.

Exactly how much coverage a homeowner needs for each of these things depends on many factors. It is best to provide as much detailed information as possible to their insurance agent, and together they can determine what policy is right for their home.

With Nationwide, you get great protection for you, your loved ones and all you’ve worked for in life. All from a company that’s been strong and stable for more than 80 years.

Take advantage of your exclusive discount today – get a quote online or call 1-800-238-1426.

Page 23: Insight | Spring 2014

ROBERT BROOMEDir. of Regulatory Affairs

What Legislative Issues Could Affect Your Business in 2014?

T he North Carolina General Assembly convenes its “short session” on May 14, 2014. Several items on NCAR’s legislative policy agenda impact commercial REALTORS® and their

clients. These include:

• Opposing efforts to extend the claim of mechanics’ liens on leasehold improvements to the fee interest of the property owner;

• Supporting legislation to limit local governments’ power to establish rental registration programs, permits, and fees for multifamily properties;

• Opposing efforts to add commercial real estate brokerage and property management services to the state’s sales tax base; and

• Opposing efforts to levy a statewide transfer tax on real property.

In addition to these items, NCAR Government Affairs staff is monitoring issues on which REALTORS® may take a position, including:

• Extension of the Mill Rehabilitation, Historic Rehabilitation and Film Industry tax credits;

• Recommendations of the Joint Study Committee on Jordan Lake;

• Proposed changes to state law governing local business license fees;

• Implementation of the 2013 regulatory reform law and the rules review process; and

• Further conversations about tax reform.

Check your email for regular updates from Raleigh as the session progresses. For more information on other legislative priorities, please turn to page 24.

Flood Insurance ChangesEarlier this year, Congress approved the

Homeowner Flood Insurance Affordability Act of 2013 with broad bipartisan support. President Obama signed the bill into law in March. Despite its eponym, this law contains several provisions impacting commercial real estate.

The new law provides a balanced solution to the unintended consequences of the Biggert-Waters Flood Insurance Reform Act of 2012. Most importantly, it repeals the time-of-sale provision that triggered the largest premium increases for commercial properties. Buyers will be able to assume a sellers’ existing policy, and rate increases are capped at no more than 18 percent per year until the full actuarial risk rate is met.

The new law refunds excessive premiums to those who bought a property before FEMA warned them of the new rates. It also restores grandfathered rates that would have been eliminated when new Flood Insurance Rate Maps are issued.

NAR Launches Placemaking Micro-Grant for Associations

NAR’s Placemaking Initiative provides funding for REALTOR® associations to transform drab, underused, or vacant public spaces into a better place to live, work, and play.

Many Placemaking activities are small, inexpensive, and incremental projects.  They do not need to cost a lot of money to get off the ground, nor do they need to take a lot of time to plan and complete.  As these projects make a space more welcoming, properties around it increase in value.

To facilitate smaller projects, NAR created the Placemaking Micro-Grant. The Micro-Grant is available to local associations in amounts ranging from $500 to $2,500. Contact Holly Moskerintz at [email protected] for additional information on the Placemaking Initiative and Micro-Grant program.

COMMERCIAL Connection

[email protected]@PoliticalRobert

Commercial Forms Feedback NeededDo you have suggestions for improving NCAR’s Commercial

Forms Series? Have you encountered a circumstance not addressed by a form? If so, the NCAR REALTORS® Commercial Alliance Forms Committee wants to hear from you.

Your feedback is the most effective way for the RCA Forms Committee to keep this tool relevant and useful. Please send your comments, suggestions, and questions to Legal Programs Coordinator Kay Bailey at [email protected].

ncrealtors.org • INSIGHT 23

Page 24: Insight | Spring 2014

24 INSIGHT • Spring 2014

Hold Tight to the Dream

ADAIR COLLINSDirector of Political Communications

GOVERNMENT Affairs

[email protected]

As we get ready for the 2014 state legislative session to begin on May 14, NCAR is preparing to stand with you and the N.C. General Assembly to protect the American dream - for you, your family and the homeowners of today and tomorrow.

Together, as partners on standby for one other, we’ll preserve the dreams we share and bring the real estate-based economy safely home.

Our Advocacy Priorities This year, NCAR Government Affairs

staff will engage with you and the legislature on several priority issues. We’ll support legislation that limits the powers of local governments in establishing rental registration programs, permits and fees and in regulating aesthetic and design standards for residential property.

We’ll also advocate for preserving funding for the North Carolina Housing Trust Fund, Noncommercial Leaking Underground Storage Tank Fund and Low Income Housing Tax Credit in the state budget. We’ll oppose efforts to extend the claim of mechanics’ liens on leasehold improvements to the fee interest of the property owner, and we’ll support legislation to provide greater transparency in risk calculation and rate-setting for property insurance.

Additionally, NCAR’s Legislative Committee established a subcommittee this year to study all tax credits set to expire at the end of CY2014 and to make policy recommendations to the full Committee. The full Committee has approved NCAR’s support for extending the Historic Rehabilitation Tax Credit, Mill Rehabilitation Tax Credit, Low Income Housing Tax Credit and Film Tax Credit as economic incentives.

For information on commercial real estate issues expected to come before the 2014 legislature, see page 23.

Your Advocacy ChecklistIt’s vital that you prepare for the legislative session and

2014 elections as well. By May 14, be sure to:

1. Learn More: For insight on the elections’ political candidates and campaigns, districts’ voter demographics and historical election information, get The Almanac of North Carolina Politics, 2014 Edition. You can order the Primary Election Edition now, and the General Election Edition will be available after the May 6 primaries. Order through NCAR for a 20 percent discount, at ncfeforg/almanac.

2. Be Ready to Vote: Make sure you are registered to vote. Go to ncsbe.gov to check your status.

3. Prepare to Act: Keep abreast of critical issues affecting real estate and prepare to act--download the mobile app from realtoractioncenter.com. The app will alert you to take action, now and in the months ahead.

Also, while you’re there, sign up--or encourage your broker to join--the Broker Involvement Program. It’s quick and easy!

4. Invest Now: Visit ncrealtors.org to make your RPAC investment now!

Stand up this legislative season and advocate to protect the American Dream for future generations.

Page 25: Insight | Spring 2014

ncrealtors.org • INSIGHT 25

GOVERNMENTAFFAIRS

Help Your Clients Achieve

the American Dream

Visit Homes4NC.org

“I’m proud to say that--through its Workforce Housing Specialist program, $2,000 downpayment assistance grants, matching grants and more--Homes4NC is helping to impact housing affordability throughout North Carolina.”

-- Phyllis Furr St. Clair, 2014 Homes4NC President

President Signs Flood Insurance Bill into Law 

On March 21, President Obama signed the Homeowner Flood Insurance Affordability Act (H.R. 3370) into law, following the U.S. Senate’s passage of the House’s amendments to the bill.

The Senate acted quickly to pass the bill, to avoid the need for a House-Senate conference committee. The National Association of REALTORS® had urged the Senate’s swift vote.

As passed, the bill repeals FEMA’s authority to increase premium rates at time of sale or a new flood map, and refunds the excessive premium to those who bought a property before FEMA warned them of the rate increase. The bill limits premium increases to 18 percent annually on newer properties and 25 percent for some older ones. Additionally, the bill adds a small assessment on policies until everyone is paying full cost for flood insurance.

Thank you, all advocates, for your outreach on this issue throughout 2013 and 2014.

NCAR commends U.S. Senator Richard Burr, U.S. Senator Kay Hagan, and U.S. Representatives G.K. Butterfield (NC-1), Walter Jones (NC-3), Mike McIntyre (NC-7) and David Price (NC-4) for their support of this legislation.

For the latest news and resources on flood insurance, please visit realtor.org.

UPDATE[ [

Page 26: Insight | Spring 2014

26 INSIGHT • Spring 2014

RPAC Manager Kirstin Miller sat down with 2014 RPAC Trustee Chair, Connie Corey, and introduced us to her passion for RPAC and how she hopes to make a difference.

Describe yourself in one sentence. I am compassionate, energetic, headstrong, loyal and dedicated to the people and projects in which I believe.

How long have you been a REALTOR®? Since July 1986.

Have you always lived in Greenville, NC? I was born in Farmville, NC during the eye of Hurricane Connie in 1955. I moved to Wilson in 1977 and lived there until moving back to Pitt County in 1990.

What are some of your hobbies? My main hobby is spending time with my grandchildren, nieces and nephews. I also love racquetball and watching my grandson, Nicholas, play baseball.

In your opinion, what is the biggest problem facing the real estate industry right now? Our industry is challenged everyday in so many ways. The lack of education of real estate agents and legislative issues the industry is facing are what keeps me awake at night. On the legislative end, there are so many arms extended to hinder the way we do business. We have groups that try to deter smart growth, groups that seek out property owners for additional taxes, groups that see a need to have independent contractors relieve the tax burdens of our state… and the list goes on.

If you alone could solve it, how would you do it? There is no way one person can solve any of our issues. But there is also power in one. One person can change the outcome of a vote. One dollar can help meet a goal. If I had the power to solve any of our legislative issues, it would be to instill common

Meet your 2014 RPAC Trustee Chair5 MINUTES WITH...

sense and everyday practicality to our elected leaders. They get so overwhelmed with multiple-page bills that they lose sight of what really works in the world of “boots on the ground” citizens.

What encouraged you to invest in RPAC for the first time? The first time I invested in RPAC was in 1986. Sarah Gray Lamm was teaching our orientation class and told us if we were serious about real estate, we had to be serious about all aspects of how the industry works. I have given ever since.

What is the most common misperception members have about giving to RPAC? In traveling the state over the years, many of our members do not really understand what RPAC is and how the funds are used. The funds do not “buy” candidates, nor do the funds pay salaries of lobbyists or staff. I would like for our members to be aware that there is a panel of trustees that reviews every single candidate before any contributions are made to their campaigns. We investigate how the House and Senate members have voted on our issues, who has been supportive of our industry and who has had the best interest of buyers, sellers, tenants and property owners. Our RPAC investments are strictly for the purpose of assisting with campaigns of our friends in the House and Senate.

Explain the importance of RPAC and why we need more than 18% of NCAR members to invest this year. What saddens me is that 18 percent believe in and fight for what the remaining 82 percent benefit from. We have producing agents, commercial brokers and property managers all across this state that reap the rewards daily from the efforts of very few. I feel that if you do not believe in RPAC, why do you stay in the industry? Imagine if each member invested their fair share of $15 a year. Imagine the power of 31,000 REALTORS®. Imagine the benefit to the customers and clients. It takes every REALTOR® to make the 31,000 strong. RPAC is about all of us, not just 18 percent of us. My challenge to the other 82 percent is step up and make an investment, because the benefit is crucial to the future of our industry.

Connie Corey, pictured above with her grandchildren and with Mary Edna Williams at last year’s NCAR Legislative Meetings.

Page 27: Insight | Spring 2014

ncrealtors.org • INSIGHT 27

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#1: Negotiating Repairs at End of Due Diligence Period

QUESTION: So as long as I get the buyer’s repair request to the listing agent before the 5 p.m. deadline on the last day of the due diligence period, the buyer will be able to get her earnest money deposit back if the seller won’t agree to the requested repairs, right?

ANSWER: No. See the “Warning” at the end of paragraph 4(f) of the contract (form 2-T). Also see the Forms Guy Q&A in the September 2013 issue of Insight magazine.*

#2: New Settlement Date

QUESTION: If the parties agree on a new settlement date, does the 14-day permitted delay apply to the new settlement date?

ANSWER: Yes. See the second sentence in paragraph 13 of the contract.

#3: When Offers Turn into Contracts

QUESTION: Does an offer become a binding contract once the parties have both signed the offer, or must the signed contract be delivered to the offering party before it becomes binding?

ANSWER: Neither (trick question). See definition of

QA+

28 INSIGHT • Spring 2014

“Effective Date” in paragraph 1(g) of the contract. The contract becomes binding only after the last person to sign or initial it communicates the fact of the signing/initialing to the offering party, but delivery of the signed/initialed contract isn’t required to make it binding.

#4: Disbursing Earnest Money Deposit in Absence of Written Agreement by Parties

QUESTION: If the buyer terminates the contract during the due diligence period and the seller won’t sign the form authorizing the escrow agent to return the earnest money deposit (EMD) to the buyer, can the escrow agent return the EMD to the buyer anyway since the contract clearly says the buyer gets it back?

ANSWER: If there’s a dispute about the return of the EMD, no. See the “Note” at the end of paragraph 1(f) of the contract. If you don’t like this answer, talk to the Real Estate Commission, not me.

#5: No Due Diligence Fee

QUESTION: If there is a zero in the blank for the due diligence fee in paragraph 1(d), has a binding contract been created, and if so, does the buyer still have the right to conduct due diligence and terminate before the end of the due diligence period even though no due diligence fee is paid?

DEAR FORMS GUY: Have you ever done a list of the top 10 questions you get about the Offer to Purchase and Contract? I think that would be really interesting. Sincerely, Stevie

DEAR STEVIE: Everywhere I turn these days I see a top 10 list—top 10 dogs, top 10 worst-dressed celebrities, top 10 unsolved mysteries of the brain, top 10 this, top 10 that. This post-modern world we live in is so…so… superficial! Sincerely, Forms Guy

STEVIE: So I take it you haven’t done a top 10 list?

FORMS GUY: No, but I think it’s a great idea! Here’s a list of the 10 most common legal questions I receive about the contract, in no particular order, along with illustrative questions and brief answers.

Twelve TOP 10 Questions about the Contract

Page 29: Insight | Spring 2014

blank at the end of paragraph 2 of the contract.

#10: Oil and Gas Rights Disclosure

QUESTION: Should a buyer complete the “Oil and Gas Rights Disclosure” section of the contract (paragraph 7(f)) before submitting the offer?

ANSWER: Yes, as a general rule, in order to avoid an “automatic” counteroffer situation. See the Forms Guy Q&A in the January/February 2013 issue of Insight magazine.*

#11: Old Versions of the Offer to Purchase and Contract

QUESTION: Will I get in trouble if I present an offer submitted to me on an old version of the contract?

ANSWER: No. In fact, you’ll get in trouble if you don’t present it. See Real Estate Commission Rule 58A.0106 and Standard of Practice 1-7 of the REALTOR® Code of Ethics.

#12: Agent’s Authority to Bind Client

QUESTION: If a buyer agent sends an email to a listing agent saying that the buyer agrees to the seller’s counteroffer, is that binding on the buyer if it turns out that the buyer hadn’t initialed the counteroffer?

ANSWER: No, unless the buyer agent had actual or apparent authority to do so. See the 2012 case of Manecke v. Kurtz, available on the NC Courts website at ncourts.org .

STEVIE: Excuse me, Forms Guy, but you’re up to 12 things. I thought this was supposed to be a top-10 list.

FORMS GUY: Dude, I’m a lawyer, not a mathematician! Just call it the “Twelve Top 10 Questions about the contract,” okay?

STEVIE: That works for me! Thanks Forms Guy.

FORMS GUY: You’re welcome. May the force be with you.

* For more of Forms Guy, including articles and past Q&A’s mentioned above, please log in to ncrealtors.org and click on “Publications & Awards.”

FORMS GUY

ncrealtors.org • INSIGHT 29

FORMS GUY

ANSWER: The answers to this compound question are both yes. See the last sentence of the definition of “Due Diligence Fee” in paragraph 1(i) of the contract. However, I recommend that a nominal due diligence fee be paid in order to avoid arguments about these two issues.

#6: Late Due Diligence Fee/Initial EarnestMoney Deposit

QUESTION: If the due diligence fee or the initial earnest money deposit isn’t delivered by its due date, has a binding contract been created?

ANSWER: Yes. In my opinion, the last two sentences of paragraph 1(d) of the contract clearly indicate that the parties intended to create a contract, subject to it being terminated by the seller if the buyer doesn’t deliver cash or immediately available funds within one banking day following written notice from the seller.

#7: Late Additional Earnest Money Deposit

QUESTION: If an additional earnest money deposit isn’t delivered in cash or immediately available funds by its due date, does that mean the contract is void since time is of the essence?

ANSWER: No, but it can be terminated immediately by the seller.

#8: Propane Tanks

QUESTION: There’s a leased propane tank full of propane on my seller’s property. Do we need to exclude the tank and its contents from the contract?

ANSWER: Yes for sure regarding the tank, and yes for the propane too, unless it’s included in the deal. See “Note” at end of paragraph 2.

#9: Flat Screen TVs

QUESTION: There’s a flat screen TV mounted on a bracket over the fireplace in the living room of the seller’s house. My seller wants to take it with him. Do I need to mention the TV in the contract?

ANSWER: Yes, although this is a fertile field for argument. I think the better argument is that the bracket is a fixture and the TV is personal property. A good agent will simply avoid the argument by listing the TV as an exclusion in the

WILL MARTINGeneral Counsel

Contact Will Martin at [email protected] if you have a question or a suggested topic for Forms Guy.

[email protected]

Page 30: Insight | Spring 2014

TechTIPS

Why is an upgrade recommended? Last year, the software product Java experienced major security issues, creating problems with zipForm® 6 (which used a Java plug-in).

ZipForm® Plus is a completely Java-free, secure, and much better program than its predecessor. The new design delivers advanced technology while maximizing workflow efficiency. Your forms are always accessible in “the cloud” – from anywhere you can access the internet. zipForm® Plus allows you to view all your active transactions on one screen. Another great benefit is the templates feature, which can be a huge time saver if you take the time to create them. Utilizing templates allows you to set up forms for certain transaction types, so you don’t have to recreate them for each individual transaction.

Forms, forms, forms. Love them or hate them, they’re a critical part of your business. One of your benefits of being a member of the NC Association of REALTORS® is free access to zipForm®. If you’re still using zipForm® 6, now is the time to upgrade to zipForm® Plus.

Your Forms, They Are a-Changin’BY: TYLER HELMS | TECHNOLOGY MANAGER

Complete Your ProfileBefore you begin working with zipForm® Plus, you’ll want to visit and

update your profile page, which can be found by clicking your name on the zipForm® Plus home screen. There are three things you should set up in your profile:

1 Your email signature. For branding purposes, you can copy the signature from your email account and paste it into the email

signature field in zipForm® Plus.

2 DocuSign account information. Under Settings, enter your DocuSign account information to link to your zipForm® Plus account.

3 Automatic sign-on into zipForm® Plus. Check the box at the bottom of the Settings tab that says ‘Always log into zipForm® Plus.’

Make sure to save these changes when you are finished. These small steps will help you save time and energy each time you use the product.

TECHNOLOGYTIPS

Interested in Learning More? NCAR Members can access a recorded version of March’s Webinar Wednesday Series, “The Basics of DocuSign and zipForm® Plus,” presented by NC REALTOR® Mark Saunders. In this webinar, Mark shows participants how easy it can be to navigate and utilize zipForm® Plus and DocuSign. Mark is a tech-savvy real estate agent at Signature Real Estate, LLC in Winston-Salem and is this year’s NC REALTORS® YPN vice chair. Find out more about Mark by visiting his real estate technology information website, REBAcademy.com.

Ready to get started? Visit www.zipform.com/zipFormplus/, click

the order button, select ‘NC REALTORS®’ as your association, enter your NRDS number and provide your last name.

ENHANCED USER INTERFACE Quick loading forms, redesigned viewer and all tools can be easily accessed in full-screen mode.

E-SIGNATURE INTEGRATIONSubscibers can now send documents, modify signatures, add documents and check signature status while never leaving zipForm® Plus.

IMPROVED SEARCH TOOLS All transactions, contacts and forms can be easily accessed by use of a search bar.

PHOTO CUSTOMIZATION Enhance your transactions, contacts and profile with photos to assist in referencing.

INTEGRATED STORAGE Utilize the zipVault® feature to view stored files with transaction forms in one list.

NEWMust-Have Features of zipForm® Plus

30 INSIGHT • Spring 2014

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Branch Banking and Trust Company is a Member FDIC and an Equal Housing Lender. Loans are subject to credit approval. Only deposit products are FDIC insured.

© 2014, Branch Banking and Trust Company. All rights reserved.

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