vpar september 2013 realtor update

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No REALTOR ® Update September 2013 - page 1 REALTOR® Update September 2013 Published by the Virginia Peninsula Association of REALTORS® REALTOR® Safety Month Knowledge. Awareness. Empowerment. These are the core components of REALTOR® Safety. And helping our members understand the risks they face can mean the difference between life and death. To help remind us to know the dangers we face every day, to be aware of our surroundings, and empower ourselves with precautions and preparations so that we can avoid risky situations, and as part of NAR’s ongoing efforts to keep our members safe, we dedicate September to kick off safety efforts. This is just the start of our commitment to empowering our members. NAR has also developed REALTOR® Safety materials for use throughout year, including: New webinars on REALTOR® Safety, presented by industry experts. Quarterly safety messages focusing on seasonal tips for on the job and at home, sent to associations and brokers to share with members. Expansion of client safety materials and resources. We hope you find the information in this month’s REALTOR® Update informative and useful. More information is available from NAR at http://www.realtor.org/topics/realtor-safety. Presentations, webinars, articles, videos and more to help you stay safe.

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Page 1: VPAR September 2013 REALTOR Update

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REALTOR® UpdateSeptember 2013

Published by the Virginia Peninsula Association of REALTORS®

REALTOR® Safety MonthKnowledge. Awareness. Empowerment. These are the core components of REALTOR® Safety. And helping our members understand the risks they face can mean the difference between life and death.

To help remind us to know the dangers we face every day, to be aware of our surroundings, and empower ourselves with precautions and preparations so that we can avoid risky situations, and as part of NAR’s ongoing efforts to keep our members safe, we dedicate September to kick off safety efforts. This is just the start of our commitment to empowering our members. NAR has also developed REALTOR® Safety materials for use throughout year, including:

• New webinars on REALTOR® Safety, presented by industry experts.

• Quarterly safety messages focusing on seasonal tips for on the job and at home, sent to associations and brokers to share with members.

• Expansion of client safety materials and resources.We hope you find the information in this month’s REALTOR® Update informative and useful. More information is available from NAR at http://www.realtor.org/topics/realtor-safety. Presentations, webinars, articles, videos and more to help you stay safe.

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Diamond SponsorsAtlantic Bay Mortgage - (757) 874-6040

Platinum SponsorsMonarch Mortgage - 757-291-4004

Real Estate Information Network (REIN) - 757-531-7900

Gold SponsorsFidelity Bank Mortgage - 757-597-0431National Exterminating - 757-599-3621 

PNC Mortgage - 757-599-6882PrimeLending - 757-344-3366

SunTrust of Hampton - 757-896-4982 Towne Bank Mortgage - 757-687-5005

Silver SponsorsC&F Mortgage - 757-873-8200

Commonwealth Exterminating Co. - 757-873-2030Fulton Mortgage Company - 757-873-0435

Movement Mortgage - 757-585-4941 Pillar To Post - 757-564-4454

Bronze SponsorsCox Communications - 757-222-8394

Daily Press - 757-247-4891NARPM - 757-876-0284

Old Point Mortgage - 757-876-5681Peninsula Title - 757-595-2536

ServPro of Hampton - 757-560-0757Shaheen Law - 7567-369-2831

Wells Fargo Home Mortgage- 757-873-3308

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Support your Affiliate Partners Today!A very special thank you to the following Partners

Your Member Service with FEET! Check Out Our Tech Department. VPAR offers our members fantastic tech support via our tech guru, Rich Benet. Along with giving general advice, we provide computer repair services at 30 to 50% less than what most tech stores

charge. So, why not try us? Contact Rich Benet at 757-599-5222 or [email protected].

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Advertising PolicyWhile this magazine makes reasonable effort to establish the integrity of its advertisers, it does not endorse advertised products or services unless specifically stated. The publisher reserves the right to reject any advertisement at anytime. Advertisements refused may include, but are not limited to, those that are legally questionable, that may support products or services of questionable stan-dards, or that are inconsistent with the high professional standard of the Code of Ethics of the Association. Advertising is open to

REALTOR® members, member firms, affiliate members and non-members. Product advertising is limited to residential subdivisions, commercial, or industrial units and real estate related products and services, excluding personal listings.

Equal Opportunity PolicyVPAR is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity. The Association encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race,

color, elderliness, religion, sex, handicap, familial status, or national origin.

NoticeVPAR does not fix, control, recommend, suggest, or maintain commission rates or fees for services rendered by cooperating

members or non-members.

EditorDana R. Holben, RCE, e-PRO

REALTOR® Update is published monthly by the Virginia Peninsula Association of REALTORS® as a service to its membership. Cor-respondence and requests for advertising packets should be mailed to REALTOR® Update, Attention: Dana R. Holben, Editor, 1001

North Campus Parkway, Hampton, VA 23666 or call VPAR at (757) 599-5222 or e-mail at [email protected].

REALTOR® UpdateThe Official Publication of the

Virginia Peninsula Association of REALTORS® Officers

PresidentPamela McKinney Lewis, ABR, SFR

President-ElectKimi Dornan, ABR, GRI, SFR

TreasurerChandra Patterson

Immediate Past PresidentSheila Dann, ABR, GRI, SFR

Directors Carl Burt • Carol Davanay, ABR, GREEN

Theresa Embler • Dewey Hutchins, Jr.Chris Pray • Diana Rondinelli

Regina Scott

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This month every year marks REALTOR® safety month. I recently read an article about a Houston, TX incident about two people who posed as a real estate agent and a home buyer. The owners of the listed home were notified by their real estate agency that a buyer wanted to view their home right away. The homeowners met the demand of the quick showing and did not have time to put up their jewelry and when they returned home their jewelry was gone. The so called real estate agent did not have a supra key so the home owners had to let the agent and buyer into the home (Daily Real Estate News | Thursday, August 15, 2013). This should be a huge reminder to all of us in real estate that the bad guys are still targeting our industry. I am sure you have other stories you have heard about recently and over the years, please share them with your colleagues. The stories, I believe will help us all to be more aware of what is going on around us and will ensure we will all be reminded, Safety First! I invite you to visit the NAR website, www.realtor.org/topics/realtor-safety for more REALTOR® Safety information. Enjoy Football Season! Go Raiders

Pamela McKinney Lewis, 2013 VPAR President

President’s Messageby Pamela McKinney-Lewis, 2013 VPAR President

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September - REALTOR® Safety Month

September is REALTOR® Safety month. As a real estate prac-titioner, you’re faced with potentially risky situations every day. Meeting new clients, showing homes, and even walking to your car at night can be dangerous. It’s essential that you make safe decisions and know how to react when confronted with trouble. Take this quick 8 question quiz to see how safe you are. Click here for Quiz

This issue of the REALTOR® Update will be about Safety and how you can avoid being a potential victim.

NAR has a series of videos that give you steps that you can take to stay safe at home, in the office, on the road, and with clients. Click here for the videos.

You want to view webinars… NAR has those as well. Click here for webinars

Your safety is our concern as you do your business. Please take an opportunity to take the quiz, view videos or webinars and most importantly, read this issue of VPAR’s REALTOR® Update. IT COULD HELP PROTECT YOU IN THE OFFICE, HOME, YOUR CLIENTS OR ON THE ROAD!

Safety Tips Sharing knowledge, awareness, and empowerment with our members year-round

Tip #1 - Keep it light

Show properties before dark. If you are going to be working after hours, advise your associ-ate or first-line supervisor of your schedule. If you must show a property after dark, turn on all lights as you go through, and don’t lower any shades or draw curtains or blinds.

Tip #2 - Checking in

When you have a new client, ask him/her to stop by your office and complete a Prospect Identification Form (Find a copy online at www.REALTOR.org/Safety). Also, photocopy their driver’s license and retain this information at your office. Be certain to properly discard this personal information when you no longer need it.

Click here to see more tips

Off my Desk…. CEO ReportDana R. Holben, RCE, e-PRO

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Don’t Be a Target for Harassment or Stalking

Real estate professionals have been victims of harassment or stalking behavior from clients and potential clients. Harassment occurs when a person subjects another to alarm by conveying a telephonic or written threat to inflict serious physical injury on that person or to commit a felony involving that person or their property.

Stalking is when a person knowingly alarms or coerces another person or a member of that person’s family or household by engaging in REPEATED and UNWANTED contact with the other person.

Take these steps to avoid these unwanted behaviors:

• If you are being harassed or stalked, report the offender to your employer and the police immediately.

• All of your marketing materials should be polished and professional. Don’t use alluring or provocative photography in advertising, on the Web or on your business cards. There are many documented cases of criminals actually circling photographs of their would-be victims in newspaper advertisements. These victims were targeted because of their appearance in the photograph.

• Limit the amount of personal information you share. Consider advertising without using your photograph, home phone number and/or home address in the newspaper or on business cards. Don’t use your full name with middle name or initial. Use your office address—or list no address at all. Giving out too much of the wrong information can make you a target.

• Install caller I.D. on your telephone, which should automatically reject calls from numbers that have been blocked. This will provide you with immediate information about the source of the call.

• Be careful how much personal information you give verbally as well. Getting to know your client does not need to include personal information about your children, where you live and who you live with.

• All agents in your office should use only their first initial and last name on their “For Sale” signs to conceal gender and prevent anyone other than a personal acquaintance or current client asking for you by name.

• Meet weekly or monthly with co-workers and other area brokers to discuss business and safety issues. Share any concerns! If you are dealing with a suspicious customer, take extra precautions to avoid isolation or vulnerability. Discontinue your services for that customer if necessary.

• Maintain a file on past and present suspicious customers and homes.

• Report harassing phone calls to your employer and to the police immediately.

• It’s important to tell the caller “never call here again,” in order to meet the letter of the law regarding telephonic harassment.

Visit NAR’s REALTOR® Safety Web site at www.REALTOR.org/Safety

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REALTOR® Safety: Knowledge Awareness Empowerment

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Risk Management Corner

Clause Protects Rental Firm An Indiana court has considered whether a contract clause in a property management agreement pro-tected a leasing firm from liability when it failed to adequately disclose information about a prospective tenant to the owner.

Robert and Judy Geller (“Owners”) had to relocate from their house in Westfield, Indiana, due to a new job opportunity in 2006. The Owners listed the house for sale but when it did not sell, they began explor-ing leasing the property. The Owners had noticed signs for A.M. Rentals, Inc. (“A.M.”) in the area, and so they contacted and eventually entered into a “Lease and Management Agreement” (“Agreement”) with the company in October 2006. Neither party actually signed the Agreement, but both parties ac-knowledged that they had accepted its terms.

A.M. eventually located prospective tenants in March 2007. The prospective tenants were the family of Kurt and Holly Kinney (“Family”). The Family submitted an application to rent the house, and a repre-sentative of A.M. discussed the application and a credit report with the Owners. A.M.’s representative told the Owners that the Family’s employment and residential information checked out. The representa-tive noted that the credit report showed that the Family had filed for bankruptcy several years before, but said they were “clean” since the bankruptcy filing.

The parties entered into a three-year lease, and everything went smoothly for the first few months. However, the Family eventually stopped paying the rent and had to be evicted from the property. The Owners learned that the Family’s credit report had in fact contained a “High Risk Fraud Alert” on it, and the credit report had noted that the Family had $30,000 in outstanding debts.

The Owners filed a lawsuit seeking the unpaid lease amounts as well as the remainder of the rent payments from the Family. The Owners also made allegations against A.M., alleging that they had breached the Agreement by failing to investigate the credit-worthiness of the Family and also failed to exercise due diligence when recommending the Family to the Owner. The trial entered judgment in fa-vor of the Owner against the Family, but ruled for A.M. on the claims against it. The Owner appealed.The Court of Appeals of Indiana affirmed the trial court rulings. The Owners claimed that they would not have entered into the lease with the Family if A.M. had accurately disclosed the contents of the credit report. Indiana law requires licensees to disclose known adverse material facts to their clients, and the trial had ruled that A.M. had failed to disclose known adverse material facts to the Owners but A.M. was protected by a clause in the Agreement.

The court affirmed the lower court ruling that an exculpatory clause in the Agreement protected A.M. from liability. The clause stated that A.M. “shall not be liable to Owner for any error in judgment, nor for any good faith act or omission in its performance or attempted performance of its duties or obligations under this Agreement.” Based on testimony from the Owners and the A.M. representative, the trial court had concluded that the A.M. representative had acted in good faith. Since the parties had allocated their risks via contract and A.M. met the terms of the clause, the court ruled that the exculpatory clause pro-tected A.M.

The Owners argued that the clause was contrary to public policy, since the exculpatory clause altered A.M.’s statutory disclosure responsibilities. The court determined that because the statute in question did not prohibit such clauses and the fact that the Owners were sophisticated in financial matters, public policy did not bar the enforcement of the Agreement’s exculpatory clause and so affirmed the ruling by the trial court in favor of A.M.

One judge dissented, arguing that the exculpatory clause violated the state’s public policy.

Geller v. Kinney, 980 N.E.2d 390 (Ind. Ct. App. 2012).

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HamptonVPAR’s Legislative Consultant met early last month with Keith Canady, Se-nior Planner for the City, to discuss a variety of upcoming issues in Hampton, including continued amendments to the Zoning Ordinance, Fort Monroe’s Master Plan, Phoebus Master Plan, housing strategy initiatives, historic district and resources, continued implementation of the Langley-Ft. Eustis Joint Land Use Study (JLUS) and soil/shoreline matters. Many of these issues are areas where VPAR has provided ongoing input and action, and we are asked to continue to be a valuable resource to the City. Others are new items expected to be studied, and again, VPAR’s input is sought. Stay tuned – it will be a busy 18 months in Hampton!

Isle of Wight CountyOn August 22nd, the Board of Supervisors held a public hearing on the proposed cash proffers issue that would increase the proffers of single family homes to over $13,000 per unit.

VPAR has been working with HRRA on this matter given that our associations share the County in our respective association jurisdictions. Click here to read what VPAR distributed to the Board members. VPAR’s Legislative Consultant spoke to the Board during the public hearing to emphasize that proffers are a detriment to homeownership, especially at a time when the housing market is showing signs of life again. HRRA focused comments on the various policy options that we identified are before the Board: do nothing and leave proffers where they are at around $11,000; increase the proffers to the proposed $13,358 level; impose a moratorium on the collection of proffers for a specified period of time; cap the cash proffers at $5,000; or create a combination of the above. The Board voted unanimously to defer the issue until after they can convene a work session on the issue where they will seek additional input from the Associations.

Newport NewsVPAR’s Legislative Consultant met with Jim Bourey, the new City Manager who recently was ap-pointed. Mr. Bourey is very interested in connecting to the Association, and understands the important role that housing has in the community…and the important that REALTORS® serve. We will stay in close contact with him!

York CountyThe Board of Supervisors held a public hearing on August 21st regarding the draft Comprehen-sive Plan. VPAR was in close contact with members of the Board in advance of the meeting, speaking to each individual Board member to indicate our support of the Plan. Click here to read the memorandum that was included in the public record.

STATEThe RPAC of Virginia Trustees met for two consecutive days last month to interview all six of the statewide candidates seeking office as Governor, Lt. Governor and Attorney General. VPAR member and RPAC Trustee, Chandra Patterson, and VPAR’s Legislative Consultant, Susan Gaston, participated in this important process. Look for endorsement news in the coming weeks from VAR.

The VAR Public Policy Committee, including VPAR Past President Dale Chandler, met on August 22nd to begin the arduous task of culling a variety of legislative issues for inclusion into the VAR 2014 Legislative Package. This package will identify the most critical issues on which VAR will introduce legislation in the 2014 General Assembly Session. VPAR’s issues regarding the DPOR license transfer and the protection of licensees against criminal liability both will be priority issues with placeholders in the package.

August PPC BRIEFSby Susan Gaston, Governmental Affairs Consultant

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Of note along those lines is the issue from the 213 Session that VPAR brought to VAR’s attention both in 2012 and again in 2013 regarding protection for licensees from civil and criminal liability for relying upon information from third parties in real estate advertising. The legislation that was passed in 2013, and carried by Del. David Yancey (R-94th) from Newport News, has been deemed model legislation by the National Association of REALTORS®, and will be suggested for replication by NAR to other states involved in this issue. FEDERALOn August 22, 2013, Fannie Mae announced updates to its automated underwriting standards to fix problems with credit reporting of short sales. NAR heard from members, lenders, and representatives of a credit reporting association that Fannie Mae was denying credit to borrowers who had completed a short sale and had waited the required number of years to re-qualify for a new mortgage. Fannie Mae’s underwriting system was indicating that the borrower had been through a foreclosure, rather than a short sale, which requires a longer waiting time for otherwise qualified borrow-ers. NAR continued dialogue with lender partners, Sen. Bill Nelson (D-FL), and the Consumer Financial Protection Bureau to find a solution to the problem. Fannie Mae’s fix will allow lenders who receive a false foreclosure alert to manually enter into the system that a short sale was completed instead. Other-wise qualified borrowers will now be approved for a loan if the lender documented that the short sale took place rather than a foreclosure. Read more details here: https://www.fanniemae.com/content/release_notes/du-do-release-notes-11162013.pdf

On Aug. 6, 2013, President Obama delivered a speech and released a fact sheet on the Adminis-tration’s proposal for housing finance reform. This was the Administration’s most significant discussion on housing finance since the release of the Treasury Department’s 2011 white paper, “Reforming America’s Housing Finance Market.” In the speech, the President outlined key principals of comprehensive housing finance reform, many of which NAR has been advocating since 2009:• The federal government must clearly, and explicitly, offer a guarantee of some mortgage instruments.• Any entity should ensure the continued availability of a 30-year fixed rate mortgage.• Reform should support the historic affordability role of the FHA.

NAR will continue to work with Congress and the Administration to develop policies that ensure mortgage credit is always available at reasonable costs so that everyone who is willing and able to afford a home can do so. Read the Housing Finance Fact Sheet here: http://www.whitehouse.gov/the-press-office/2013/08/05/fact-sheet-better-bargain-middle-class-housing.

For details on these or other important political and legislative issues, please contact VPAR’s Legislative Consultant, Susan Gaston, at 757-871-1445 or by e-mail at [email protected] . Schedule a public policy presentation to your office at an upcoming sales meeting!

Safety Tips Sharing knowledge, awareness, and empowerment with our members year-round

Tip #4 - Touch base

Always let someone know where you are going and when you will be back; leave the name and phone number of the client you are meeting and schedule a time for your office to call you to check in.

Click here to see more tips

JUNE PPC BRIEFS, continuedby Susan Gaston, Governmental Affairs Consultant

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2013 RPAC Campaign Contributors (As of June 21, 2013)

STERLING “R” ($1000 - $2500)Keith CantyJoe CarneyDale ChandlerSheila DannLynn GrimsleyPamela McKinney Lewis

PRESIDENT’S CLUB ($750 - $999)

GOVERNOR’S CLUB ($500 - $749)Karen Bohlke EnriquezDewey Hutchins*Dan Matter*Donna Moyer*Barry NachmanChandra Patterson*Valerie SmootPam Strahorn-RoeTeresa SullivanPeggy Todd*

CAPITOL INSIDER ($250 - $499)Stephen Abbitt*Martha Anders*Tessie BakerPenny BoydDorothy BurchCarl BurtCarol DavanayKimi DornanDana Holben*Eugenia JacksonKaren PenningtonSandra von SchillingDavid Whitley

99 CLUB ($99 - $249)Marvin Adams Jr.Brad AndersonTerri AsheTessie BakerPenny BoydRobert BurchWilliam BrownMary Lou CallMichael Carpenter*Bob ChapmanKatey ChapmanMaria ChristianVince Cowling*

Joanne McNamara DalyAaron Davis*Elizabeth Davis*Donna DellingerVallee DeLongGene EfirdTheresa EmblerKatharina Formy DuValRobbie GarnettCaye GarrettGreg GarrettSusan GastonJoy GibbsElizabeth GriffithGina HansonCathie HarneyKyle HauseRon Heim*Kimberly Hockaday*Sandra HoodRodney HuskeyDick HydeMary IshamYvonne JohnsonDee Karlsson*Janine KimbleBarbara Lassley*Kathy MacklinEllen McDanielDot McKelvin*Liz MooreDeloris Morgan*Helen NachmanCory NewellKelly NicolLila NicollsZoran Pajevic*Johnny ParkerPerry PilgrimAdrienne Pittinger*Michelle PollockChris PrayPat RichardsonKathy RidleyDiana RondinelliVictor RondinelliNeal RosenbaumRegina ScottBrooke Scutt*Tom SmartSharon Snyder-BartelsMarion SparksWanda Stevens*

Lynn TeravainenAdam TriplettRay Upright*Mildred Walker*Beth WallsJeri WalterJosie Wells*Christina WilliamsSandy WhiteSamuel WhiteDavid Whitley

*pledge

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RPAC Update, Keith Canty, RPAC Chair

Wow! August is gone, I can’t believe it. So many things have happened. First I want to extend my most sincere condolences to those friends and collages who lost loved ones and family members this month. While I had no loss, my mother underwent a mastectomy at the beginning of the month. While she is recovering very well – amazingly fast, I am still playing catch up to make sure that at 91 she retains her independence.

Our RPAC, thanks to you and our dedicated PPC members and contributors, is doing well. We are holding our own with investments and contributions. While I am pleased with our progress, I am not thrilled with our major donor and member participation rate.

Too many of us believe that we can relax and the real estate issues will take care of themselves. The governor, the mayor or some other elected official is making sure that the real estate public and professional interests are covered. A strange thought, someone else, unnamed and unknown, caring more about your interests than you do.

Sad to say, this is not the case. The real estate victories and positive decisions we have had has come because we are directly involved in the outcome through our REALTOR® Party and RPAC. We can’t all be on the front lines but we all can and should participate through our RPAC investments and membership in the REALTOR® Party. As REALTORS® we should have one agenda and that is a viable and healthy real estate industry in America. Our personal agendas are separate and varied but we have all signed on to the REALTOR® oath.

We are always available for your investment and questions about what it all means if you are unsure. I can always be reached at 757-879-3854 to answer any questions you might have. You can also go to: www.realtorschoose.com/ to get the indepth facts of what RPAC of Virginia is doing.

Here is the “call to action,” I have pledged to shave my mustache of 47 years if we add 12 more major donors. This is a pretty major thing for me because I promised myself at 19 that I would never remove my mustache again – I removed it at 19, a long story, but quickly grew it back.

On the serious side, your support and investment in RPAC, your future and professional well being, will enable us, VPAR and RPAC of Virginia, to maintain a strong and respected local, state and national voice and impact on the real estate issues that matter.

In the meantime, enjoy one of the greatest professions in the world. “Home Ownership matters!”

Sincerely,

Keith Canty

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November 8-11, 2013 • San Francisco, CA2013 REALTORS® Conference & Expo

RISE to NEW HEIGHTSMake your way to the bay!If you’re serious about taking your real estate business to a higher level, here’s one thing you need to do right now: Register for the 2013 REALTORS® Conference & Expo, November 8-11, in San Francisco.

• Learn from the best. Attend your choice of 100 education sessions on timely topics delivered by the most motivational speakers in the business and be ready to put your new knowledge into action.

• Make new connections. Join 22,000 REALTORS® and guests from around the country and world at the biggest networking event of the year.

• Power up your productivity. 400 expo exhibitors will show you the newest products and services designed to make you more effective and efficient.

• Experience a world-class city. From Napa to nightlife, you’ll enjoy San Francisco through tours and deals created exclusively for members and their families.

Did you know you can save BIG in San Francisco?Hotels start at just $129 a night and there are airline discounts available for attendees. Choose from several affordable registration options to fit your budget and schedule (plus, the trip is tax deductible for REALTORS®).

Don’t stop until you get to the top. Register today at www.REALTOR.org/Conference

twitter.com/ narannual

follow us!facebook.com/

narannual

like us!youtube.com/ narmeetings

watch us!

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YOUR NAR REALTOR® BENEFITS

Remember there are

DISCOUNTS and offers for

NAR members !

As an NAR Member you get special benefits from Hertz. Your discount CDP# 182806 is the key to great savings and member benefits.

Low rates Member discounts of up to 25%* (which can

be combined with reusable offers) Free membership to Hertz Gold Plus Rewards

Whether you are renting for leisure or business, in your neighborhood or around the world, NAR members enjoy faster reservations and rentals, with a great selection of vehicles to choose from.

Hertz was rated #1 overall and most popular car rental company in Zagat's 2013/14 Car Rental Survey.

Enjoy special member benefits and savings from Hertz by mentioning NAR membership CDP #182806 each time you rent a car. Call 800-654-2200 or visit https://www.hertz.com/rentacar/hertzlink/index.jsp?targetPage=National_Realtor_Assoc.jsp

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REALTOR® Safety: Put Your Gut in Your Safety ToolboxBy: Tracey Hawkins, Safety and Security Source

What if I told you that there is a tool that could prevent you from being victimized?

What if I told you that you already possess such a tool?

As a former agent who now works in close contact with agents, I know how important tools of the trade are to your profession. I know that you love the latest and greatest technology tools. Those tools are an important component to operating your business. They can even help protect you. However, right now I want to discuss an important tool that should always be in your “toolbox.” Especially when you are working in what the Department of Labor classifies as a high-risk occupation.

This tool issues a warning that tells you when you are about to make a dangerous mistake. This tool re-quires no batteries and is always “on.” What if I told you that this tool is free? You would be interested, right?

Gut. Intuition. Instinct. 6th sense. That funny feeling. A small voice. No matter what you call it. It can save your life. Police officers and rape crises counselors state that when interviewing victims, over 99% of the time the victim will say, “I knew something was wrong,” “I knew bette,r” “I had a bad feelings,” and so on.

Gavin de Becker, author of The Gift of Fear, wrote an entire book about trusting our gut instinct and believing in intuition. Having been a real estate agent, there were plenty of times when I felt fear and wondered why I was in an empty house with a complete stranger or why I was driving strangers around in my car. Like you, I hushed that warning voice and focused on earning a commission.

Ignoring your gut can get you hurt, killed, assaulted or robbed while working.

As a safety expert, I often get questions about what is the right or wrong way to do the job. There are right ways to show and host open houses, specific safety techniques, but in situations where there are variables and no clear right or wrong answers, listen to your gut. One of the most popular questions is: which is correct, locking the door or not locking the door when showing? The answer is listening to your gut, trust your instinct. It will tell you what the right answer is for that situation (and actually any situa-tion that you will find yourself in as agents).

According to Stacey Johnson-Cosby, a Reece and Nichols sales agent who works in Kansas and Mis-souri, her gut comes into play when she enters a house. She typically locks the door behind her. “I don’t know if it is from an earlier situation of walking into a house and finding evidence of a squatter and being terrified of what could have happened, or a voice telling me that a criminal may follow me inside as easily as being waiting for me inside.” Johnson-Cosby, a 25-year sales veteran says that sometimes the voice is more overwhelming, demanding that she lock the door. Other times, she doesn’t feel the serious need, but has made it a habit.

Agents often assure me that they work in a “safe” part of town, or never show after dark. Your gut, not the address, nor time of day, will dictate when you need to be extra careful. Criminals have cars, (often very nice cars) therefore they can go anywhere that you may be, even upscale neighborhoods, (espe-cially upscale neighborhoods). Don’t let your preconceived notions get in the way of seeing criminals or potential criminal opportunities. Let your instinct guide you, not what you see or other prejudices you have. Oftentimes, you will not understand why your gut is sending you fear signals. You can’t determine what is wrong. Don’t try. Instinct sees something before you realize it. Don’t worry about being polite when your body tells you to flee and get out of a dangerous situation. Just go. Your safety is more important that hurting someone’s feelings. Prioritize. continued on pg 23

REALTOR® Safety: Knowledge Awareness Empowerment

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The Virginia Peninsula Association of REALTORS® presents…

TThhee AAccccrreeddiitteedd BBuuyyeerr RReepprreesseennttaattiivvee DDeessiiggnnaattiioonn

(Approved for 12HRS CE/PL credit)

Accredited Buyer Representative Designation Course – September 5 & 6, 2013

NAME: FIRM:

ADDRESS: MEMBER#:

CITY: STATE: ZIP:

PHONE: E-MAIL:

Method of Payment: Check

Credit Card # Exp. date

Signature (Your signature indicates acceptance of VPAR registration policy and authorization of credit card charges.) Real Estate License # Exp. date

PLEASE RETURN TO VPAR AT FAX NUMBER 757-596-3911; MAIL TO VPAR, 1001 North Campus Parkway, Hampton, VA 23666 or register online at members.vpar.org

QUESTIONS? CALL 757-599-5222 *Cancellations must be received within 48- business hours of course to receive a refund. Registrations are non-transferable. On-site late registration fee is $325. VPAR RESERVES THE RIGHT TO CANCEL THE COURSE IF

MINIMUM REGISTRATIONS ARE NOT MET. Please notify us in advance if you have a disability that requires special services.

Thursday & Friday September 5 & 6, 2013 8:30 a.m. – 5:00 p.m.

SEPTEMBER IS A SPECIAL DISCOUNT MONTH (REGULAR MEMBER RATE IS $295)

VPAR Headquarters Training Room A 1001 North Campus Parkway Hampton, VA 23666

Early Bird Pricing before 8/28 by NOON Members: $255 Non-Members: $275

Register after, Members: $275 Non-Members: $300

*On-site registration fee is $325

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Chantay Bridges, an agent with Clear-Choice Realty and Associates in Los Angeles, California, had an experience where her gut prompted her to do something logic would advise against. When preparing for an open house in a noted gang- and graffiti-infested neighborhood, she noticed a group of unruly teenagers on the porch next door. She knew it wouldn’t be good for potential buyers to see them there. Instead of being scared, intimidated and leaving, her instinct told her that there was no danger. She approached them and recognized one of the youth. She was able to diffuse the situation successfully. “I wouldn’t recommend that to everyone. I happen to have experience working with youth.” She advised that agents take proper precautions, including having a partner host with you, carrying pepper spray, and utilizing safety apps.

Here are 3 things that you need to start doing today to respect that inner voice and to ensure that you are not victimized when you can avoid it:

1. Acknowledge that like all animals in nature, we all possess a gift that allows us to sense danger. However, we are the only ones who routinely ignore it in the interest of being polite. We all have a built-in survival mechanism that is hardly ever wrong. Think about situations where you had a “bad feeling”, or were uncomfortable. That was your gut warning you. Once you are aware of what that feels like, be in tune with it and learn to recognize it. Don’t try to figure it out or to use logic. Just listen and escape the situation.

2. Respect that inner voice and act on it without hesitation and without questioning the validity. Once you get a bad feeling about a potential client, a showing situation, or even strange behavior in an open house, believe that feeling. Do some research on potential clients, find out who they are and if they are legitimate clients. If you are unable to verify who they say they are, whether they really own the property, where they work or anything about them, be ready to let them go.

Yes. Be willing to let a potential client go. You can’t put a price on working safely and just taking your chances and hoping that the bad feeling you get about these potential clients is wrong. Nothing is worth jeopardizing your safety.

3. Defend your right to put safety before politeness. Do not apologize to anyone who questions your safety practices. Do not waiver from those practices just because someone else thinks they are silly. Johnson-Cosby says buyers often laugh when they are leaving a house and find the doors locked. “I don’t mind. At least they know I take their safety seriously.” Crimes often happen when you relax regular safety practices out of convenience or embarrassment. Just that one time, is often the time something goes wrong.

POLL QUESTIONS:

Agents, have you had a bad feeling about a potential or current client or situation and ignored it to negative consequences? Yes or No

Have you ever acted properly and got out of a bad situation after having a bad feeling and later learned about the person and was pleased about the decision? Yes or No

Source: Tracey Hawkins aka “Tracey, the Safety Lady” is a former real estate agent and has been teaching agent safety over the last 18 years. In 1995 Hawkins founded Safety and Security Source in Kansas City, Missouri and presents on topics including personal, home, auto, and real estate safety. She conducts training on these topics and more during webinars, expos, and live seminars around the United States. Hawkins was recently chosen as one of Kansas City’s Most Influential Women.

Visit NAR’s REALTOR® Safety website at www.REALTOR.org/Safety for more tips, articles, videos, and webinars.

This article is part of the NATIONAL ASSOCIATION OF REALTORS® 2013 REALTOR® Safety article series.

REALTOR® Safety: Knowledge Awareness Empowerment

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First rule of Realtor safety: Know thy clientKidnapping, robbery of Pennsylvania real estate agent highlights need for precautionsBy DAVID W. MYERS

The kidnapping and armed robbery of a Pennsylvania Realtor by a man who posed as a prospective buyer is the latest reminder of the dangers that real estate agents face when performing even the most basic tasks, such as driving buyers around to show them properties, holding open houses for sellers, or simply meeting a prospective client for the very first time.

Thankfully, agent Sharron Minnich of Prudential Bob Yost Realtors in West York was unharmed in the May 21 incident. A suspect was arrested shortly after Minnich was forced to withdraw money from an automatic teller machine at knifepoint.

While Minnich was fortunate, the latest figures from the Bureau of Labor Statistics show fatal workplace injuries in the real estate industry reaching their highest level in at least seven years in 2010, with as-saults and violent acts accounting for the largest share of deaths. Such statistics highlight the need for agents to take precautions when doing their everyday jobs.

“If you’re a police officer, a soldier or even a New York cab driver, you know that you’re at constant risk,” said Robert Siciliano, the CEO of Boston-based realtysecurity.com, which offers safety courses to real estate groups across the nation. “You take the proper precautions and you’re ‘on your toes’ all the time.

“But most Realtors aren’t like that,” he added. “They’re so busy, and they lack the formal security train-ing to realize when they might be in a potentially dangerous situation.”

“If you’re meeting with someone for the first time, like a buyer who called you after seeing one of your ads, you don’t know if the person is ‘legit’ or if he’s a criminal looking for new prey,” said Matt Lombardi, a National Association of Realtors vice president who helps manage the trade group’s National Safety Program.

“So, you need to get as much information about the person as you can before you decide to start work-ing with him or her.”

The best bet is to gently insist that the prospect first meet in your office, where you know that you’ll be safe and the potential customer will be seen by other agents, Lombardi said.

At a minimum, he added, you’ll need to get the person’s full name, contact information, and a copy of his driver’s license. That way, authorities will know who to look for if something goes wrong later.

Even better, Lombardi said, is to have the office visitor complete NAR’s “Prospect Identification Form.” The form asks for more detailed information, including the name and phone number of his employer, the type of car he drives, and its plate number.

The form can be downloaded for free by agents and the general public at NAR’s website, www.realtor.org.Lombardi acknowledges that some prospects will balk at providing such personal information. “But if you explain that the info will stay only in the office, and that it’s for the protection of both you and the cli-ent, most people will understand and comply,” he said.

But what if they don’t, and walk out instead? “Well, you may have just lost out on a sale,” said realtyse-curity.com’s Siciliano. “Or, you may have just avoided establishing a relationship with a criminal who’s afraid to divulge his true identity. It’s better to be safe than sorry.”

Driving from one property to the next raises other safety concerns. Ideally, you can take a co-worker with you: “There’s always strength in numbers,” Siciliano said. continued on pg 26

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REALTOR® Safety: Knowledge Awareness Empowerment

Whether you’re using the “buddy system” or working solo, it’s best to drive your own car and have the client follow you in his. If you must take only one car, insist that you do the driving so you have more control over where you are going.

“Also, try to park at the curb rather than in the home’s driveway,” said Andrew L. Wooten, the Jacksons-ville, Fla.-based safety expert who holds quarterly safety webinars for NAR. “That reduces the chance that you can get blocked in if you have to escape, and you’ll draw more attention if you’re screaming if you have to flee.”

Agents should take additional precautions as they show the home. Start by calling the office while the client is present to let them know that you have arrived, so someone else will know where you are and who you are with.

Let the client lead the way as he explores the house to avoid the chance of being attacked from behind, or that he’ll steal small valuables while your back is turned, Wooten said. It’s OK to let the client inspect the basement or attic, but you should avoid going into such confined spaces yourself because they’re difficult to escape and tend to muffle calls for help.

Also have an excuse ready if you start to feel uneasy. “Saying something like, ‘Pardon me, I have to make a call to the agent who’s on his way here’ gives you a chance to get out of the house,” Siciliano said.

Most of those tips for agents who are representing buyers also apply to those who are holding an open house on behalf of a seller. But there are additional steps they can take to help ensure their safety, experts say.

Before the open house begins, make sure you know the home’s floor plan thoroughly and its possible escape routes, Wooten advises. If one of those routes involves the property’s back door, also make sure you could escape from the backyard, too: They’re often surrounded by high fences or walls, espe-cially if there’s a pool or big dog on the property.

Unlock all of the home’s deadbolts so you don’t have to fumble with a lock and key if you must flee. “Also turn on all the lights and open the curtains, which is not only a good safety precaution but also a nice marketing tactic,” said Realtor Martin Feinberg of Santa Monica, Calif.-based Keller Williams Re-alty.

It’s obviously important to have each visitor sign in when the open house begins and, preferably, show a picture ID. If you’re wisely working the buddy system, you can tour the house with the visitor while your co-worker goes outside to jot down his car’s license plate number.

Whether you’re holding an open house or toting around a prospective buyer, keep in regular contact with your office. Also, have a nondescript code word or phrase — such as “brilliant” or “It’s in the file next to Peggy’s desk” — to alert your co-worker on the other end of the phone if you are feeling uneasy or may already be in trouble. The co-worker can then call police.

“In some communities, you can even call the local police station ahead of time and request that they send a cruiser by every hour or so when the open house is held, so the cops can look for anything sus-picious,” Siciliano said.

Here are some other tips that experts say can keep you safe:

Avoid glamour shots

“A lot of predators choose their victims based on their appearance,” Siciliano said. Women should avoid using “glamour” shots on their business cards and marketing materials. Regardless of what gender you are, a business-type photo is safer and usually more effective.”

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Dress for safety

Wear professional business outfits when you’re on the job, rather than loose-fitting clothes or scarves that an attacker can grab. To discourage robberies, leave your fancy jewelry or expensive watch at home or in the office.

Be careful what you disclose

Never print your home phone number or address on your business cards, or even give them to a client that you have already checked out. Avoid talking too much about your personal life and your family un-less the client is a longtime friend.

Take a self-defense course

The techniques you learn can help you fend off an attacker, or come in handy if you find yourself in some other type of jam. Many realty boards and even individual offices across the nation offer such courses for free, or have struck deals with private training firms that give discounts to agents.

Follow your instincts Above all, experts say, always follow your instincts. “If a potential client is uncooperative about providing important information or makes you uneasy, don’t work with him,” Siciliano said. “And don’t make ex-ceptions to the safety precautions that you should normally take, like showing a home to someone who you haven’t already ‘vetted,’ or meeting someone at an empty house late at night.”

That’s a lesson that Sharron Minnich, the Pennsylvania Realtor who was kidnapped and robbed last month, will never forget.

“This guy called me up, said he had $250,000 in cash to invest, and wanted me to meet him at a prop-erty that was for sale,” she said. “I usually get all the information about a [prospect] as I can before I start working with them. But against my better judgment, I met the guy at the house without thoroughly checking him out first.”

After touring the home, the man followed the 60-year-old Minnich back to her car, hopped into the pas-senger seat, pulled out a knife and ordered her to drive to an automated teller machine. He absconded with just $20.

Police quickly arrested a suspect, Gregory Scott Knaub, 37, who faces several years in prison if he’s found guilty of the kidnapping, robbery and other charges filed against him.

“I’m thankful that everything turned out OK, and that I didn’t get hurt,” Minnich told Inman News on Fri-day. “But this whole thing might never have happened if I had just checked the guy out first and followed my gut instincts.”

David Myers is a nationally syndicated real estate writer who lives in California.

Safety Tips Tip #7 - Sturdy doors are key to home safety

Make sure that all your home’s doors to the outside are metal or solid, 1 ¾” hardwood and have good, sturdy locks.

Click here to see more tips

REALTOR® Safety: Knowledge Awareness Empowerment

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ABR Designation Core Course – September 5th & 6thThe Accredited Buyer Representative Designation. Approved for 12 hours CE/PL credit. Cost is $275. Course time: 8:30 a.m. – 5:00 p.m. both days. Call Jo McNamara Daly at 757-599-5222 for more information.

Night Court on Monday, September 9th from 4:00 P.M. – 6:00 P.M.Cost is $20 per member; $25 for non-members.

8 Hour Required CE Course on Tuesday, September 10th8 Hour Required Subjects Continuing Education – $50 members, $60 non-members 8: 30 A.M. -5:00 P.M.

Lunch & Learn on Thursday, September 12th – Lunch Provided!Join us on Thursday, September 12th from 12:00 – 1:00 P.M. for a Pest Control Issues Seminar instructed by members of the Tidewater Pest Control Association. FREE for all members; $5 for non-members.

Affordable Health Care Act Seminar on Monday, September 16th from 12:00 – 1:00 P.M.Free seminar on the new health care laws for all VPAR members. Enrollment for the health insurance exchanges begins on October 1st! Presented by Derry Haywood, PFG Insurance & Employee Benefits & Kellie Jo David, Anthem Regional Sales Manager.

8 Hour Elective CE/PL Course on Tuesday, September 17th8 Hours Elective Subjects - $50 members, $60 non-members. 8:30 A.M. – 5:00 P.M. This class is great for new members on the PL track – a way to rack up 8 hours towards the 30 hour requirement. Call Jo McNamara Daly at 757-599-5222 for more information.

REALTOR® Enrichment Series Course – Thursday September 19th 1:00 P.M. – 3:00 P.M.Taxes, Taxes, Taxes Instructed by Ray Nations. Cost is $20 members; $25 non-members. Pending 2 hours real estate related CE/PL credit.

Residential Standard Agency, Monday, September 23rd – 1:00 – 4:00 P.M. The additional 3 hour requirement for all licensees within this license period. Cost is $30 for members and $35 for non-members.

Post Licensing Series Course on Monday, September 23rd – Wednesday, September 25thA great way to earn 16 hours of PL credit or the CE credit in the areas that you might be lacking such as a Agency, Real estate Law, Fair Housing, Ethics or an Elective class. Each module is 3 credit hours and cost $25 for members; $30 for non-members.

VPAR After Hours Social on Monday, September 23rd 5-7 P.M.“Back to Football” Social at Buffalo Wild Wings in Newport News. Sponsored by HMS Warranty Company. Wear your team’s colors proudly! Also meet your Board of Directors candidates’ night! Door prizes! Free appetizers!

Register for the above classes at http://members.vpar.org

Mark Your Calendars Now for Upcoming September Courses & EventsSeptember 5 & 6 – ABR Designation Core CourseSeptember 9 – Night CourtSeptember 10 – 8 Hour Required CE CourseSeptember 12- Lunch & Learn SeminarSeptember 16 – Affordable Care Act SeminarSeptember 17 – 8 Hour Elective CE CourseSeptember 19 – RES CE/PL 2 CourseSeptember 23-25 – New Agent Series PL and CE CoursesSeptember 23 – VPAR After Hours SocialSeptember 27 – New Member Indoctrination Course

SAVE THIS DATE: The 2014 VPAR Installation & 2013 Annual Awards Reception will be held on Thursday, November 14th at the James River Country Club.

Visit our online continuing education partners, http://vpar.theceshop.com/

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Education Opportunities

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Welcome New Members!Members on the Move - Transfers

Renee Chatman to Keller Williams EliteJayne Easley to Keller Williams EliteSharon Hare to Prudential Towne RealtyLynn Kirk to Bell-Key PropertiesShoshana Marziano to Keller Williams EliteChristina Melick to Prudential Towne RealtyJeremy Obenchain to Prudential Towne RealtyWes Powell to Powell & AssociatesBeverly Troy to Keller Williams EliteJennifer Wright to Keller Williams Elite

NEW MEMBERS

Janice Smith – Keller Williams EliteSeth Bahr – Liz Moore & AssociatesKeyri Williamson – Keller Williams EliteMederith Moore – William E WoodRobert Harmon – William E WoodChimere Washington – Greg Garrett Realty.ComNick Sorokos – Keller Williams EliteEarl Milligan – Greg Garrett Realty.ComAshley Pico – Abbitt RealtyLinden Scott – Mid-Atlantic Residential

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November 4th – New Member Indoctrination Course5th – REALTOR® Enrichment Series12th – 8 Hour Required CE Course14th – Lunch & Learn Free Course14th – VPAR Installation & Annual Awards Banquet18th – Residential Standard Agency Course18th – After Hours Social19th – 8 Hour Elective CE Course28th -29th – VPAR Office Closed

December10th – 8 Hour Required CE Course16th – VPAR Holiday Social24th-25th – VPAR Office Closed31st – VPAR Office Closed

September5th & 6th – ABR Core Course9th – New Member Indoctrination Course10th – 8 Hour Required CE Course10th – PYPN Seminar/Social12th – Lunch & Learn Free Course16th – Night Court17th – 8 Hour Elective CE course19th – REALTOR® Enrichment Series23rd – Residential Standard Agency Course23rd – 25th – Post Licensing Course Series23rd – After Hours Social

October 4th – REALTOR® Enrichment Series – Jeff Elias FREE Finance Seminar7th – 8 Hour Required CE Course10th – Lunch & Learn Free Course15th – Broker/Manager 8 Hour CE Course21st – VPAR Election Day21st - After Hours Social22nd – General Membership Breakfast25th – Broker/Manager Retreat

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2013 Education and Events Year at a Glance

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VPAR SOARING TO SUCCESS NEW AGENT SERIES PLE/CE Mandatory Courses Offered by the Peninsula Real Estate School

Owned and Operated by the Virginia Peninsula Association of REALTORS®

Agent training designed for the new agent or the agent that needs a

shot of motivation! All new licensees must complete 30 hours (15 Mandatory and 15 Elective) of post licensing (PL) credits within their first twelve months to remain active. Our classes provide both mandatory PL and renewal CE

for seasoned agents. $25 Members; $30 Non-Members if pre-registered. You can register online at members.vpar.org. Please register in advance to assure adequate materials and to guarantee enough registrations to hold the course. The Peninsula Real Estate School reserves the right to cancel the class if less than 10 students are registered. No-shows will be billed and 48 business hours is required for cancellation with refund. SPONSORED BY: Shaheen Law. Module 1 – Agency Law Monday, September 23, 2013 9 AM - Noon Approved for Agency CE Agency law in Virginia Types of Seller Representation in Virginia Types of Buyer Representation in Virginia Overlapping representation The need for signed agreements Review the Exclusive Right to Represent Buyer Agreement Disclosures

Module 2 – Real Estate Law Monday, September 23, 2013 1 PM - 4 PM Approved for Legal Update CE DPOR rules and regulations Common Interest Communities (HOA/POA) Legal Updates Environmental issues Disclosures

Module 4 – Ethics & standards of Conduct Issue & Trends Tuesday, September 24, 2013 1 PM – 4 PM Approved for Ethics CE and NAR Quadrennial Requirement Code of Ethics Standards of Conduct Current Industry Issues Real Estate Trends – What does the future hold? Module 5 – Offers to Purchase Wednesday, September 25, 2013 9 AM - Noon Approved for Contracts CE Contract Law Documents Purchase Agreements Contract clauses Settlement Disclosures

Module 3 - Fair Housing Tuesday, September 24, 2013 9 AM - Noon Approved for Fair Housing CE Fair housing issues that face the Real Estate Agent Review of the Protected classes

ADA compliance Property Management and Fair Housing Module 6 – Listing & Pricing Properties Wednesday, September 25, 2013 1 PM – 4 PM Approved for CE Real Estate Related Elective

Overcoming Listing Objections & Two Step Approach

Instructed by Pat Snyder ABR, GRI, SRES e-Pro Register at www.members.vpar.ORG or call VPAR at 757-599-5222

All Classes Held at the VPAR Building 1001 North Campus Parkway Hampton, VA 23666

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Go to www.VPAR.org for the Calendar of Events

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