the voice for real estate in el paso • september 09 ... · • al jurado • frances moran •...

www.elpasorealtor.com

GEPAR and MLS Election

Guide

REALTOREL P

ASO

THE VOICE FOR REAL ESTATE IN EL PASO • SEPTEMBER 09

UpcomingEvents

September12:30pm Toastmasters

8:00am-5:00pm Association & MLS Election

10:00am EP Home Search

8:30am MLS Board of Directors10:00am BIC Real Estate 8:30am RCA 8:30am Board of Directors

9:00am ERA Sellers, Buyers & Assoc.12:30pm Toastmasters


10:00am BIC Real Estate O�ce Meeting

9:00am EXIT Realty10:00am EP Home Search 12:00pm CIBA1:30pm Education Committee

8:00am Orientation10:00am BIC Real Estate O�ce Meeting

8:30am RCA8:30am WCR Breakfast at Holiday Inn Express1:30pm Government A�airs Committee2:30pm TREPAC Committee

LABOR DAY-OFFICE CLOSED


9:00am Success Realty10:00am BIC Real Estate O�ce Meeting

8:30am RCA

8:30pm TAR Fall Meeting-Dallas

12:30pm Toastmasters

18:00am MCE9:00am EXIT REALTY

8:00am MCE10:00am BIC Real Estate O�ce Meeting1:30pm Budget& Finance Committee2:00pm Executive Committee

8:30pm RCA Signature Series “Featuring Dr. Mark Dotzour”

1:00pm Ambassador Series “SPECIAL GUEST-ALAN RUSSELL”

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6400 Gateway East Blvd.El Paso, TX 79905-2084

PresortedSTANDARD

US POSTAGEPAID

El Paso, TXPERMIT No. 142

®

October 8:00am MCE9:00am EXIT Realty


8:30am RCA 9:00am ERA Sellers, Buyers & Assoc.12:30pm Toastmasters


8:30am MLS Board of Directors10:00am BIC Real Estate O�ce Meeting

8:30am RCA

8:30am Board of Directors

11:00am WCR Luncheon

8:00am GRI 212:30pm Toastmasters

8:00am GRI 2

8:00am GRI 28:00am TAR BOLC9:00am Success Realty10:00am BIC Real Estate O�ce Meeting

8:00am GRI 28:00am TAR BOLC8:30am RCA

8:00am TAR BOLC1:00pm Ambassador Series “PRESENTS JIM VALENTI”


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208:30am RCA1:30pm Government A�airs Committee2:30pm TREPAC Committee

REALTOR® RALLY/ANNUAL MEETING O�ce Closed

9:00am WCR Governing Board12:30pm Toastmasters

9:00am EXIT Realty10:00am EP Home Search12:00pm CIBA 1:30pm Education Committee


8:30am RCA

Make sure you vote either by

proxy or by ballot on or before September 25.

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(left to right from back) Eddie Lopez, Lorenzo Reveles, Sandra Lujan, Jose A. Avila, Jr., Terry Vargas, Pamela Herron,Araceli Aguilera, Monica Gonzalez, (front) Lettie Ramos

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Association O�cers• Suzy Shewmaker Hicks, President• Doug Hamilton, President Elect• Linda Bastraw, Secretary/Treasurer• Dan Olivas, Immediate Past President• Sharron Ramirez, C.E.O.

Association Directors• Angelo Amoriello• Michael Bray• Roland Correa• Patsy Olivas• Jackie York

Association Directors 2009-2010• Al Jurado• Frances Moran• Yolie Stanton• Elizabeth Golden• Jim Howard

MLS Directors• Kenny Gross, President• Patti Olivas, Vice-President• Rick Snow, Secretary/Treasurer• Bill Stanton• Robert Lozano• Dolores Guevara• Thalia Badillo• Angelo Amoriello• Jesus Barraza

NAR Directors• Doug Hamilton• Scott Kesner

TAR Directors• Linda Bastraw• Kathleen Osowski• Sonja Van Nortwick

TAR Nominating Committee• Kathleen Osowski

TAR Regional Vice President• Michael Bray

TAR TREPAC Trustee• Karen Porter

Political Involvement Committee• Jennifer Stroh

Committee Chair• Linda Bastraw, Budget & Finance• Susan Craig, Education• DJ Mora, Fair Housing/Equal Opportunity• Yoli Chavez, Govermmental Affairs• Martha Maldonado, TREPAC• Caroline Camfield, REALTOR®/Builder

Come on, admit it. Most of you are probably glad the kids are getting ready to go back to school. Not that we don’t love the good old summertime, but trying to watch the kids between appointments when it’s 100 degrees outside can get a little overwhelming. I’m long past having grade-school children in the house, but still look forward to those exhilarating first few weeks of fall and it’s almost here! I can already feel my energy level kicking up a notch. Now that we’ve had the opportu-nity to learn all about using the tax credit toward down payment and closing cost assistance, I hope everybody is clear with regard to helping our clients receive this great benefit. Just knowing it CAN be done is enough. Just remember the repayment requirement will affect their qualifying ratios. Beyond that, I’d recommend not pretending we’re loan officers. We should always rely on the expertise of lenders who are familiar with the program. Ask around. There are several in El Paso. But hurry because they have to close by the end of November and if those contracts aren’t completed SOON, we could run into still more delayed closings. I anticipate a great many loans “in the pipeline” throughout September, October and November. Since I last wrote this column, both Sarah Norman and Shad Bogany, who are both running for the position of Secretary-Treasurer of TAR, made campaign visits to our Board of Directors. We found both candidates to be extremely well-qualified, and it was a difficult decision. After much discussion, the Board voted to endorse Shad. We wish him the very best. Our Governmental Affairs Commit-tee managed to get to City Hall with very little advance notice to help delay the vote on the new Annexation Ordinance.

09/09Welcome

This is a crucial vote that will have long reaching effects on the future growth of El Paso. I encourage as many REALTORS® as possible to become involved in this very important decision. We’ll be hearing more about this later. If you didn’t attend the GEPAR Talent Night at the Comedy Shop, you missed seeing the best talent our Associa-tion has every produced. We had songs, dance, drama and comedy. I’m glad I wasn’t a judge. I would have given every single one of them a “10”. The winner was Michael Musshorn who displayed the kind of dead-pan comedic flair one would expect to see on Saturday Night Live. Special kudos to Scott Kesner, our Master of Ceremonies and to Martha Maldonado and her team for managing to pack the house and get enough sponsors to make this event a great success for not only TREPAC, but GEPAR as well. REALTOR® Rally is just around the corner and Susan Craig and her Education Committee are busy selling sponsorships, booths and tickets. We were very fortunate to secure Danielle Kennedy as our morning speaker. That alone is worth the price of your ticket. And we are also honored to have Jim Gaines from the Texas Real Estate Center followed later in the afternoon by a panel of industry professionals to help us, once again, sort through the MANY changes and upheavals we have experienced this year. Those of you who attended my installation in November may recall my goal for a year of abundant educational opportu-nities, teamwork, community involvement, REALTOR® participation and FUN. So far, thanks to more of you than I can possibly personally name in this article, it has been just that! Thank you for all your support. Let’s keep this great momentum going. Arriba El Paso!!

Suzy Shewmaker HicksPresidentGreater El Paso Association of REALTORS®

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Steve Carvalho2007 GEPAR Grievance Commitee Chairman2008 & 2009 GEPAR New Member Ethics Instructor

OPTION MONEY

Option Fee Paragraph 23 of the One to Four Family Residential Resale Contract, New Home Contract and Condominium Contract provide the buyer the unrestricted right to terminate the contract during the option period. This paragraph was designed primarily to deal with issues to be resolved during the course of a home inspection to include structural issues, termite inspections, pool inspections and the like. In order for this paragraph to be enforce-able, the option fee has to be delivered to the seller within 2 days of the e�ective date of the contract. I have spoken with many of my associ-ates and have received several phone calls asking what the rami�cations are if the option fee is not deposited within the two day period. The answer is simple and is found in the second sentence of the paragraph. It states “if Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of this contract and Buyer shall not have the unrestricted right to terminate this contract”. Do we tell our buyer clients to go and deliver the option fee directly to the seller? Of course not—the burden rests with us! Most of the time, we tend to be diligent in delivering the earnest money in a timely manner but do not seem as concerned about the delivery of the option fee. Although the amount of the option fee is insigni�cant compared to earnest money, the rami�cations and liability on our part are far greater. Who wants to call our client and tell them they have surrendered their right to terminate the contract, because we did not act within the time period prescribed? I believe the most e�ective way to deliver the option fee is to take it to the listing o�ce and have the listing agent sign for receipt of it. If the listing agent is not present, the listing broker is able to sign for its receipt. This is not a trivial matter to be taken lightly. It seems that some agents are not delivering the option fee within the required 2 day time period, and it appears to be happening with greater frequency. As an agent for the buyer, be aware of this important timeline, and do not take for granted that you can work it out with the listing agent.

Paragraph 7D After writing a detailed analysis of this matter in the June issue of El Paso REALTOR®,

Real EstateEthics

I continue to see improper language inserted into this paragraph of the contract. Several associates have told me TREC did not write the paragraph correctly or that it is not clear enough. Do not insert anything into line 7D2 other than a speci�c repair. Verbiage like “per inspection report”, “if termite damage is found”, or “any lender required repairs” is unacceptable. TREC considers these statements to be the unauthorized practice of law. To reiterate, a buyer is not buying the home in “as is” condition—nowhere in 7D1 and 7D2 are the words “as”, “is”, or “as is” ever mentioned! They are buying it in its present condition subject to any issues that will be resolved utilizing paragraph 23, the termination option paragraph of the contract.

Buy From Me And You’ll Get A Better Deal I’ve also had discussions with agents regarding the following scenario. A listing agent meets a customer at one of their listings and after showing it, tells the customer that if they work with him or her, the customer will get a better deal on the property. I would like to hear the rationale behind that erroneous statement. First, we as agents, have an obligation to ascertain whether the customer/prospect is working with another agent and has a represen-tation agreement with another agent. This issue is addressed in Article 16 of NAR’s Code of Ethics. Article 1, Standard of Practice 1-4 states “When seeking to become a buyer representative, do not mislead buyers as to savings or other bene�ts that might be realized by using your services.” When we engage in a substantive dialogue with a prospect/customer either at an open house or when showing our listing, we need to disclose to the prospect/customer who we are representing. I have always found that when we explain agency/ representation issues with a prospect, it is always greatly appreciated and allows the prospect the option of deciding how they choose to be represented. By adher-ing to NAR’s Code of Ethics, we all elevate our status as REALTORS®.

I welcome your comments and questions to [email protected].

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Tax credit deadline

Hurry !!!Dec. 01, 2009

2008 Salesman of the YearGEPAR 2009-2010 Director

President 2007 & 2008Council of Independent Brokers and Agents

Chairman Greivance Committee

Texas Real Estate Political Action Committee

GuestColumn

Marisa MarquezTexas State Representative, District 77

The Growing Foreclosure Problem During this nationwide economic downturn, El Paso and the rest of the state is facing the growing problem of foreclosures. With many people struggling to make ends meet, paying the mortgage becomes increas-ingly more di�cult. The El Paso Times reported in May that home foreclosures in the �rst three months of the year had more than doubled. Comparing foreclosures during the �rst quarter of 2008 and 2009, there has been a 144 percent increase with 601 homes in foreclosure stages during the �rst quarter of this year compared to 246 from 2008. During the 81st Legislative Session, I worked hard to change the way foreclosures are handled in order to help keep more El Pasoans in their homes. Working with my house colleagues, we tried to extend the foreclosure process to increase mediation between the homeowners and lenders. I co-authored HB 1471 by Represen-tative Kristi Thibaut, which would have more than doubled the days that a homeowner has to cure a default. It also would require the mortgage servicer to send a written notice of default by both certi�ed mail and �rst-class regular mail. This way, if the homeowner is not home, they will still be made aware of the impending problem. We also wanted to protect renters from being forced out, so a purchaser of the

foreclosed property would have to give the tenant at least 60 days written notice to vacate if they did not wish to continue the lease. This bill was unfortunately held up in a Senate Commit-tee, but I will continue to �ght for homeowner's rights. A very important piece of legislation, HB 3857 by Representative Abel Herrero, did pass and will help the many military service members in El Paso. This bill will allow active duty service members and those who have concluded service within the last nine months to either stay foreclosure proceedings or modify their contract. This will allow our service members the ability to ful�ll their obligations on a timeline that is better suited for their speci�c situation. We need to make sure that the brave men and women who �ght for this country are given the opportunity to stay in their homes. With El Paso's growing military population, this law will make sure they stay a�oat in this recession. Although El Paso is faring well compared to the some areas of the country, it is troubling to see the rising trend of foreclosures. We need to make sure the process is fair for both homeowners and lenders and that there is ample time to turn a bad situation around. Keeping our families in their homes not only keeps our economy healthy, but should be a top priority.

September 18Alan Russell TECMA Group, L.P.1:00pm

October 16Jim Valenti University Medical Center (Thomason)1:00pm

The Election of Officers and Directors for the 2010 GEPAR and MLS Boards2010 GEPAR Board of Directors Nominees

2009 MLS Board of Directors Nominees

2010 PresidentDoug HamiltonHamilton Associates Inc.

President-Elect 2009Secretary/Treasurer 2008Current NAR DirectorCurrent NAR Professional Standards CommitteeServed on multiple committees as Chair & Vice-Chair at NAR, TAR and local levelsGovernmental A�airs Chairman, 2007REALTOR® of the Year, 1988 & 2002TAR Director 1991-1996 & 1999-2005TAR Regional Representative 2000, 2001, 2004 & 2005TAR Executive Board 2000, 2001, 2004 & 2005TAR Mediation O�cer 1998, 1999 & 2002

2010 President-ElectLinda BastrawRealty World-C. Starr Realty

Secretary Treasurer 2009GEPAR Director 2006 - 2007TAR Director 2008-2010Professional Standards Committee 2006 to presentBudget & Finance Committee 2003 to presentGrievance Committee 2001 to 2005Government A�airs CommitteeTREPAC CommitteeWCR Local Chapter President-2002

Caroline Cam�eld Golden Real Estate, REALTOR®2009 REALTOR®/Builder ChairCurrent Professional Standards CommitteePast REALTOR®/Builder CommitteeCurrent TREPAC Committee Member

Susan CraigCraig Realty & E-Z Apt. Finders, Broker/Owner2008-2009 Education ChairCurrent Professional Standards Committee Member2007-2008 MLS Board2005-2006 Board of Directors2005-2007 Equal Opportunity Chair

Joseph De La PazTeresa Forbes Realty, REALTOR®Current CIBA MemberFt. Bliss In-Processing CenterChamber of Commerce Governing Board

Andrew HaggertyCentury 21 Haggerty Co., Broker/Owner2009 Budget & Finance Committee

Jesus Barraza Barraza Realty, Broker/OwnerCurrent MLS Board of DirectorsCurrent CIBA Member

Dolores Guevara DG Realty, Broker/OwnerCurrent MLS Board of DirectorsCurrent CIBA Member

Antonio RosalesAmerican Homes, Broker/OwnerPast Grievance Committee Member

Bill Stanton Stanton Realty, Broker/OwnerCurrent MLS Board of DirectorsPast Education Committee Member

Patti OlivasDan Olivas & Associates, REALTOR®Current MLS Board of Directors Vice PresidentPast Grievance CommitteePast Professional Standards Committee

Carol Chisari-SmithERA Sellers, Buyers & Assoc., REALTOR®Past Equal Opportunity ChairPast Grievance CommitteePast Professional Standards Committee

Douglas Van NortwickERA Sellers, Buyers & Assoc., Broker/OwnerPast MLS Board of DirectorsPast Grievance CommitteePast Professional Standards Committee

Mackie Sue GilchristBorderPlex Real Estate Assoc., Broker/Owner2008 REALTOR®/Builder ChairPast President, IREM Chapter 84

2010 Secretary/TreasurerJennifer StrohCentury 21 The Edge

Region 16 Representative to the Political Involvement Committee at TAR - 2009/2010Board of Directors 2007-2008Governmental A�airs Committee-2009Education Committee 2007 to presentGrievance Committee-2006 to presentSalesman of the Year-2005TREPAC Chair-2005WCR Local Chapter President-2007WCR State Chairman Credential Committee 2009

2010 Secretary/TreasurerAl Jurado, Jr.AnyCasa Realty

Legislative Contact Team Leader - 2009Board of Directors 2008 – 2009Governmental A�airs Committee – 2008 to presentBudget & Finance Committee – 2009Grievance Committee 2004 to 2006, Chair 2007TREPAC Committee – 2009Professional Standards Committee 2008 to presentSalesman of the Year – 2008CIBA Local Chapter President – 2007 & 2008

The Greater El Paso Association of REALTORS® General Membership Meeting will be held October 2, 2009 at 12:00 p.m. at the REALTOR® Rally which will be held at the El Paso Convention Center. The results of the voting for o�cers and directors will be announced at that time.

The MLS Board of Directors will be holding a General Membership Meeting at the REALTOR® Rally which will be held at the El Paso Convention Center on October 2, 2009 at 12:00 p.m. The purpose of this meeting will be to announce the new directors whom you will have elected to serve on the MLS Board for the next two years.

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Residential Jul -09Change

from 06/09 Jul -08

Change from07/08 -07/09

YTD2009

YTD2008

New Listings 951 -9.69% 1,093 - 12.99% 6,897 7,984

Sold 478 -6.09% 517 - 7.54% 2,968 3,145

Sold Volume $ $74,204,209 -5.78% $83,564,229 - 11.20% $453,342,574 $504,044,029

Ave. Sale $ $155,239 0.33% $161,633 - 3.96% $152,743 $160,268

High Sale $ $700,000 -6.67% $1,250,000 - 44.00% $1,250,000 $950,000

DOM 111 13.01% 104 7.05% 112 106

BREAKDOWN OF LISTINGS

New Homes 144 Ave List $ 172,249 Ave/Med Sell$ 167,995/145,375 List/Sell Ratio 98%

Resale Homes 322 Ave List $ 159,515 Ave/Med Sell$ 152,806/128,975 List/Sell Ratio 96%

Attached Property 12 Ave Sell $ 114,813

Man. & Lot 8

Resale Pending 253 Avg. List $ $148,859 (TOTAL IN SYSTEM 519)ACTIVES 3,704

July Home Sold Report - Compiled on August 14, 2009

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AssociationEvents

GEPAR's Got Talent

2010 Strategic Planning

TREPAC held their "GEPAR's Got Talent" on July 28 at the El Paso Comic Strip Comedy Club. All REALTORS®, a�liates and friends were invited to come and see the wonderful talent at our Association.

The Association held their 2010 Strategic Planning on August 24. The facilitator was John Gormley, TAR Vice-President of Communications and Marketing.

Scott Kesner presents the winners their trophies Steve Hicks, Vince Dominguez and Victor Lopez partake in a Johnny Cash moment.

Angelo Amoriello and Jackie York come together to sing a duet

Patty Olivas, Rick Snow, Al Jurado and Yoli ChavezSharron Ramirez, John Gormley and Doug Hamilton Cheryl Williams

Catherine Few smiles for the cameraCaroline Cam�eld enjoying the evening's entertainment

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Median Sales Price of Single-Family Homes in Texas Outpacing Those in Rest of the Country NAR recently released a report of median sales prices of existing single-family homes for metropolitan areas across the country. The report shows values for 2006, 2007, and 2008 and breaks down 2009 data by quarter. A comparison of third quarter 2009 values versus 2006 values shows metro areas in Texas doing remarkably well when compared to the rest of the country. While median sales prices in Texas's metro areas have held fairly constant in 2009, the same cannot be said for other cities in the U.S. For example, just in the �rst three quarters of 2009, median sales prices in the San Francisco area have dropped 30.9%; 33.8% in the San Jose area; 36.1% in the Phoenix area; 39.7% in Las Vegas; and a whopping 52.8% in Cape Coral-Fort Myers, Florida, where current median sales price is $84,000 versus $268,200 in 2006. A price comparison of Texas's largest metro areas shows strong growth from 2006 to now. Austin-Round Rock is up from $173,700 in 2006 to $194,000 currently. Dallas-Fort Worth-Arlington is up from $149,500 in 2006 to $150,700 currently. El Paso is up from $127,600 in 2006 to $131,800 currently. Houston is up from $149,100 in 2006 to $157,400 currently. San Antonio is up from $141,700 in 2006 to $153,100.

915 630 3623

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MLS Statistics

UpcomingEvents

September12:30pm Toastmasters

8:00am-5:00pm Association & MLS Election


8:30am MLS Board of Directors10:00am BIC Real Estate 8:30am RCA 8:30am Board of Directors

9:00am ERA Sellers, Buyers & Assoc.12:30pm Toastmasters


10:00am BIC Real Estate O�ce Meeting

9:00am EXIT Realty10:00am EP Home Search 12:00pm CIBA1:30pm Education Committee


8:30am RCA8:30am WCR Breakfast at Holiday Inn Express1:30pm Government A�airs Committee2:30pm TREPAC Committee

LABOR DAY-OFFICE CLOSED


9:00am Success Realty10:00am BIC Real Estate O�ce Meeting

8:30am RCA

8:30pm TAR Fall Meeting-Dallas


18:00am MCE9:00am EXIT REALTY


8:30pm RCA Signature Series “Featuring Dr. Mark Dotzour”

1:00pm Ambassador Series “SPECIAL GUEST-ALAN RUSSELL”

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6400 Gateway East Blvd.El Paso, TX 79905-2084

PresortedSTANDARD

US POSTAGEPAID

El Paso, TXPERMIT No. 142

October 8:00am MCE9:00am EXIT Realty


8:30am RCA 9:00am ERA Sellers, Buyers & Assoc.12:30pm Toastmasters


8:30am MLS Board of Directors10:00am BIC Real Estate O�ce Meeting

8:30am RCA

8:30am Board of Directors

11:00am WCR Luncheon

8:00am GRI 212:30pm Toastmasters

8:00am GRI 2

8:00am GRI 28:00am TAR BOLC9:00am Success Realty10:00am BIC Real Estate O�ce Meeting

8:00am GRI 28:00am TAR BOLC8:30am RCA

8:00am TAR BOLC1:00pm Ambassador Series “PRESENTS JIM VALENTI”


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REALTOR® RALLY/ANNUAL MEETING O�ce Closed

9:00am WCR Governing Board12:30pm Toastmasters

9:00am EXIT Realty10:00am EP Home Search12:00pm CIBA 1:30pm Education Committee


8:30am RCA

the voice for real estate in el paso • september 09 ... · • al jurado • frances moran •...

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