THE 6 MOST CHALLENGING CODE OF ETHICS ARTICLES

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1 T H E V O I C E F O R R E A L E S TAT E I N E L PA S O THE 6 MOST CHALLENGING CODE OF ETHICS ARTICLES BRUCE AYDT SHARES HIS THOUGHTS ON DOING THE RIGHT THING A P R I L

2 GREATER EL PASO ASSOCIATION OF REALTORS KUDOS Lone Star Title of El Paso announces the two newest officer appointments Lone Star Title of El Paso announces the two newest officer appointments Evelyn Sims and Tirey Smith, as Vice Presidents. Evelyn Sims has been the manager of the Lee Trevino branch since December 1, 2007, while Tirey Smith has been the branch manager of the Zaragoza office since March 1, EVELYN SIMS TIREY SMITH DO YOU WANT TO RECOGNIZE SOMEONE IN THE COMMUNITY? DO YOU WANT TO SHARE AN ACCOMPLISHMENT OR JUST WANT TO GIVE KUDOS? Here s your chance. We want to publish it! Every month we want to showcase your accomplishments, share how you are making a difference in the community and show appreciation for all your hard work. Please submit your kudos to: WE WANT TO HEAR Armando Rodriguez Communications/ Governmental Affairs Director FROM YOU. arodriguez@gepar.org 2 elpasorealtor.com El Paso Realtor Magazine APRIL 2012

3 + Presidents Remarks J E N N I F E R S T R O H April updates s the saying goes, April showers bring May flowers. So A what does the wind bring us in El Paso? Moving real estate. The market has picked up quite a bit and we all can look forward to a great year of sales and rentals being filled. It is the biggest blessing to help your clients get settled into a home in El Paso. Please know that you are the face of El Paso and you do make a difference to each person with whom you come in contact. Thank you so much to all who have been giving of their time, efforts and talents to get the GEPAR committees goals off to a great start. We had a very successful event, the TREPAC Hottie Contest, on February 9th. If you missed it, be sure to make plans for next year. It was a sell out and a smokin hot event with our special guests from the El Paso Fire Department who sold their 2012 calendars and autographed each picture for each purchaser. It was a GREAT time had by all! Get ready! It s time for REALTOR Education day on April 13th at the Wyndam Airport. The Education Committee members have tickets or you can call Hilda at for tickets Have you made your reservations for NAR Midyear Meeting in Washington D.C., May 15 19, 2012? If not, do so today. NAR is requesting that 15,000 REALTORS attend the REAL- TOR Rally at the Capital on May 17, So join us and be a part of REALTOR history. You all may have heard about a Transfer Tax that has been circulating via . There is a lot of misinformation being put out there, so below is a link to the final brochure National Association of REALTORS put out. It is pretty comprehensive. DID YOU KNOW? When you are inputing your listing into the MLX, the field that asks for MAPSCO is very important. It helps your fellow REALTORS find your listing easily, to show it and then hopefully bring you an offer. In case you do not know what a MAPSCO is, it is a book outlining the map of El Paso sectioned into pages & quadrants. Please check your listings and confirm that you have entered the MAPSCO page number and letter for the quadrant where your listing is located. Together we can all make a positive difference in El Paso. Together we can make dreams of homeownership come true. So smile at someone today and make a difference. A smile is infectious. Jennifer Stroh 2012 President Greater El Paso Association of REALTORS G R E A T E R E L P A S O A S S O C I A T I O N O F R E A LT O R S P R E S I D E N T J E N N I F E R S T R O H APRIL 2012 El Paso Realtor Magazine elpasorealtor.com 1 1

4 IMPORTANT REMINDERS GEPAR QUARTERLY BILLING SCHEDULE 2nd QUARTER BILLING 02/15/ Invoices posted to agents invoices ready to view & pay online 02/29/2012-2nd quarter payments due 04/02/ Suspension and $50.00 reconnect fee 05/01/ Suspension of office if members are past due w/active license. 06/01/ Termination of office if members are past due w/active license EXECUTIVE COMMITTEE President, Jennifer Stroh Century 21 The Edge President-Elect, Kenny Gross ERA Priority One 6400 GATEWAY EAST BLVD EL PASO, TX, (915) Secretary/Treasurer, Andrew Haggerty Century 21 Haggerty 3rd QUARTER BILLING Immediate Past President, Linda Bastraw Cheryl Thomas Realty 05/15/ Invoices posted to agents invoices ready to view & pay online 05/31/2012-3rd quarter payments due 07/02/ Suspension and $50.00 reconnect fee 08/01/ Suspension of office if members are past due w/active license. 09/03/ Termination of office if members are past due w/active license. 4TH QUARTER BILLING 8/15/ Invoices posted to agents invoices ready to view & pay online 8/31/2012-4th quarter payments due 10/01/ Suspension and $50.00 reconnect fee 11/01/ Suspension of office if members are past due w/active license. 12/03/ Termination of office if members are past due w/active license YEARLY DUES WILL BE BILLED THE 1ST WEEK OF NOVEMBER, 2012 AND ARE DUE DECEMBER 31, 2012 Chief Executive Officer, Sharron K. Ramirez DIRECTORS 2012 Mickey Molina Patti Olivas Jim Howard Timothy Cantrell Socorro Cochran Century 21 The Pass Dan Olivas & Assoc. RE/MAX Real Estate Group One Realty El Paso Santa Fe Realty DIRECTORS Susan Craig Craig Realty & E-Z Apt. Finders Caroline Camfield Golden Real Estate Rick Snow First Choice Realty Angel Ochoa Success Realty Steve Carvalho RE/MAX Real Estate Group NAR DIRECTOR Michael Bray EXIT West Realty TAR REGIONAL VICE PRESIDENT R. Scott Kesner Century 21 The Edge TAR DIRECTORS Doug Hamilton Linda Bastraw Hamilton Associates Cheryl Thomas Realty TAR NOMINATING COMMITTEE Patti Olivas Dan Olivas Association TAR TREPAC TRUSTEE Elizabeth Leal Future Co. Realtors TAR POLITICAL INVOLVEMENT COMMITTEE Al Jurado Any Casa Realty E L PA S O R E A LT O R. C O M Please watch for the online notification of the EL PASO REALTOR each month and for a new weekly update bulletin COMMITTEES Budget and Finance Andrew Haggerty Education Danii Sedillo Equal Opportunity Cathy Few Governmental Affairs Elizabeth Leal REALTOR /Builder Cynthia Morris TREPAC Caroline Camfield 2 elpasorealtor.com El Paso Realtor Magazine APRIL 2012

5 > EXPERT ADVISORS April is Fair housing Month ARTICLE 10 NAR Code of Ethics REALTORS shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin or sexual orientation. REALTORS shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin or sexual orientation. I believe Article 10 is a timely Article to review in light of April being Fair Housing Month. Approximately two years ago, I was up late reading and watching a late night news program when Congresswoman Barbara Lee of California was the guest on the show. While discussing aspects of civil rights, the Congresswoman told the interviewer words to the effect, I was born in segregated El Paso, Texas and when my mother went into labor, she was turned away from the hospital because she was black. I thought the Congresswoman (who was born in 1946) had to be mistaken, that this statement could not be true. After all, I was born in the mid 1950 s and growing up in El Paso, I had never witnessed or heard of such an occurrence. I am certain the Congresswoman was absolutely correct in her story and later I discovered that a neighborhood in my high school district, Hacienda Heights which was developed in the early 1950 s, was one of the first neighborhoods where African Americans could own real estate. Early in my real estate career I was reading the restrictions and covenants of a neighborhood built in the 1920 s or 1930 s when I came upon the declaration, no one, other than a person of the white race, will be entitled to reside in this neighborhood. In my heart, I have always felt lucky to live in such a harmonious city as El Paso but too often we tend to forget about history, including recent history. I remember in elementary school that children speaking Spanish were paddled. My best friends growing up were a brother and sister who lived two houses down from where I lived. They were Americans, as were their parents, and of Mexican ancestry and it would infuriate me if anyone referred to them as Mexicans, because the intent was malicious in nature. One would think that as REALTORS, we would live up to the ideals of Article 10 but we are imperfect human beings. One day, at a company where I worked, one of their top agents was having a conversation with me and one of the owners of the company when the subject of the American Indian came up. The agent rendered her opinion of the American Indian as one race of people that was beyond help because they were lazy and a bunch of worthless drunkards. I informed her that she was completely ignorant on her assessment and what was done to this race of people was a national disgrace. The owner of the company told her the same thing and took it a step further and told her if she wanted to continue to work there she would not be allowed to make such biased and unfounded statements. A REALTOR friend told me she experienced a first when clients told her they wanted to live in a Caucasian neighborhood. When I asked what her reply to this request was, my friend said once she recovered from the shock, she responded there was no such thing as a Caucasian neighborhood, nor any other neighborhood that was ethnic specific. Two or three years ago I had a client who was Muslim and I asked him if it was difficult being a Muslim in America. He responded that he could handle the prejudice he and his wife experienced but that it was very difficult when his children were teased and berated by classmates, and we all know where these classmates picked up their prejudices from. I have bristled at events and organizations within our Association when giving the invocation, the false assumption is made that our entire membership is Christian. This is simply not true; some of us are Jews, some Muslim and other faiths as well. The intent of this article is not political correctness but rather observations about groups of people who are entitled to the same treatment as any other human being, at least in our country. Most of our membership had been born when the Fair Housing Act of 1968 was enacted. What is really sobering to me is that only five years before, in 1963, American citizens demanding their just civil rights had police dogs and fire hoses turned upon them. Article 10 of our Code of Ethics puts into writing what our profession demands from us and expects of us. As we celebrate Fair Housing Month, let s also stand united in our commitment to follow Article 10 in our wonderful profession. I welcome your questions and comments to: Steve@SteveCarvalho.com S T E V E C A R V A L H O R E A LT O R S A L E S A S S O C I A T E APRIL 2012 El Paso Realtor Magazine elpasorealtor.com 3

6 + BY THE NUMBERS J A N U A R Y R E P O R T NATIONAL ASSOCIATION OF REALTORS Real Estate Trend Indicator Board: Greater El Paso Association of REALTORS State: Texas Date of Report: 03/15/12 4 elpasorealtor.com El Paso Realtor Magazine APRIL 2012

7 1 Article 1: Fiduciary duty To protect and promote the client s interest is to focus on what s best for the client you represent while being honest with all parties. Flipping attempts in short sales is one area in which listing agents must be watchful of sellers best interests. 2 Article 2: Disclosure of pertinent or material facts Property condition disclosures are vital. Make sure property defects and adverse factors are disclosed to the buyer or tenant. 3 Article 3: Cooperation with other brokers Cooperation is not about being polite and is not a synonym for compensation. Standard of Practice 3-10 defines cooperation as sharing information about listings and making listings available for showings. 5 Article 12: True picture Always present a true picture in your advertising, marketing, and other representations. This mandate applies not just to traditional marketing but also to Facebook, Google+, Twitter, texts, and other social media. Check out Standard of Practice 12-5 for guidance on the right way to present your identity as a real estate professional in social media venues. THE 6 MOST CHALLENGING CODE OF ETHICS ARTICLES REALTOR Magazine ethics columnist Bruce Aydt, general counsel at Prudential Alliance, REALTORS, in St. Louis, shares his thoughts on doing the right thing when faced with the six most challenging articles in the NAR Code of Ethics. 4 Article 9: Written agreements The basic idea of Article 9 is to get everything in writing. Sometimes buyers and sellers have different notions of what should beincluded or excluded from the sale or lease. Always make sure these inclusions and exclusions are written into the transaction documents so that the parties are not relyingon flyers, brochures, disclosure statements, or MLS listing information. 6 Article 16: Noninterference Noninterference covers those difficult solicitation and dealings issues related to another REALTOR s exclusively represented client. While there are exceptions, the Code s key principle is not to deal directly with or solicit someone involved in an exclusive agreement with another REALTOR. APRIL 2012 El Paso Realtor Magazine March 2012 By Bruce Aydt elpasorealtor.com 5

8 > ASSOCIATION EVENTS 2012 TRLP CLASS The 2012 Texas REALTORS Leadership Program students met for their first module on March 26th and 27th at the Hilton Garden Inn. The mission of the Texas REALTORS Leadership Program is to cultivate future leaders. We do this by educating, developing, and encouraging class participants to undertake leadership roles, and showing them how to use their talents and resources to make a difference in their professional and personal areas of interest. Effective leadership at all levels helps ensure the REALTOR organization remains a strong advocate for both members and consumers. 6 elpasorealtor.com 7 El Paso Realtor Magazine APRIL 2012

9 > 2012 Primary Endorsements On March 29, 2012 members of the Governmental Affairs Committee and the Leadership Team of the Greater El Paso Association of REALTORS meet with candidates for the 2012 Primary to discuss issues that affect the REALTOR community. After lengthy discussion the committee decided to endorse: Armando Rodriguez for El Paso County Tax Assessor Collector Jaime Esparza for District Attorney Carlos Leon for County Commissioner Precinct #1 Chente Quintanilla for County Commissioner Precinct #3 Robert Vasquez for Constable Precinct #1 Rick Gammon for Constable Precinct #2 Hector Bernal for Constable Precinct #3 PRIMARY ELECTIONS: MAY 29, 2012 APRIL 2012 El Paso Realtor Magazine elpasorealtor.com 7

10 REALTOR MEMBERS EARN THE PRESTIGIOUS GRI DESIGNATION Congratulations to Rochester Dasher, Century 21 The Edge; David Berchelmann, Century 21 APD; Helen Hayes, Bachmann and Luthi R.E.; Norman Christiansen, KB Realty; Danii Sedillo, Stanton Realty and Tom Torres with Century 21 The Pass, for recently earning the nationally recognized Graduate of REALTOR Institute (GRI) designation in March The Graduate REALTOR Institute designation indicates to buyers, sellers and other real estate industry professionals that you have made the commitment to provide a high level of professional service to your clients by securing a strong educational foundation. The GRI designation is obtained by attending a specific, intensive series of courses that total 90 hours of classroom instruction. The subject matter has been chosen to educate practitioners about local, state and national real estate practices that affect them and their clients. In today s competitive business environment you need more than just motivation and initiative to succeed, you need the advantage of the education you receive in the GRI program 8 elpasorealtor.com El Paso Realtor Magazine APRIL 2012

11 > ASSOCIATION EVENTS YOUNG PROFESSIONALS NETWORK (YPN) SOCIAL HOUR On March 9, 2012 members of the Young Professionals Network (YPN) mingled with some of El Paso young REALTORS and Affiliates at The Den, The Room for Social Hour. APRIL 2012 El Paso Realtor Magazine elpasorealtor.com 9

12 MARK YOUR CALENDAR APRIL :00 am - TRLP Module 2 12:30 pm - Toastmasters 3 12:00 pm - CIBA Monthly Meeting 1:30 pm - Education Committee 4 8:00 am - Orientation 9:00 am - Century 21 - The Edge Mtg 5 8:30 am - RCA Weekly Meeting 11:00 am - WCR Luncheon (Vista Hills Country Club) 1:30 pm - Governmental Affairs Mtg 4:00 pm - GEPAR Staff Meeting 9 12:30 pm - Toastmasters 11 9:00 am - Century 21 - The Edge Mtg 12 8:30 am - RCA Weekly Meeting 11:30 am - Builder University 1:30 pm - TREPAC Meeting MAY :00 pm - CIBA Monthly Meeting 1:30 pm - Education Committee 2 8:00 am - Orientation 9:00 am - Century 21 - The Edge Mtg. 3 8:30 am - RCA Weekly Meeting 12:30 pm - Equal Opportunity Mtng. 1:30 pm - Governmental Affairs Mtng. 4:00 pm - GEPAR Staff Meeting 5:00 pm - TREPAC Gatti Town Carnival 4 11:00 AM WCR Luncheon 7 8:00 am TRLP Module 3 12:30 pm Toastmasters 9 9:00 am - Century 21 - The Edge Mtng. 9:00 am - Success Realty Meeting 1:30 pm - Budget and Finance Meeting 2:00 pm - Executive Committee Mtng. 13 8:00 am - Education Day 16 12:30 pm - Toastmasters 17 8:00 am - MCE 18 8:00 am - MCE 9:00 am - Century 21 - The Edge Mtg 9:00 am - Success Realty 1:30 pm - Budget and Finance Meeting 2:00 pm - Executive Committee Mtg 19 8:30 am - RCA Weekly Meeting 9:00 am - Finance Course 23 9:00 am - Technology Class 12:30 pm - Toastmasters 25 8:30 am - MLS Board of Directors 9:00 am - Century 21 - The Edge Mtg 26 8:30 am - RCA Weekly Meeting 10 8:30 am - RCA Weekly Meeting 1:30 pm - TREPAC Meeting 11 11:30 am - Builder University 14 NAR - Midyear Meeting 12:30 pm -Toastmasters 15 NAR - Midyear Meeting 8:00 am - MCE 16 NAR - Midyear Meeting 8:00 am - MCE 9:00 am - Century 21 - The Edge Mtng. 2:00 pm - REALTOR Builder 17 NAR - Midyear Meeting 8:30 am- RCA Weekly Meeting 18 NAR - Midyear Meeting 21 12:30 pm - Toastmasters 27 8:30 am - Board of Directors 30 12:30 pm - Toastmasters 22 8:30 am - REMAX Group Meeting 23 8:30 am - MLS Board of Directors 9:00 am - Century 21 - The Edge Mtng. 24 8:30 am - RCA Weekly Meeting 25 8:30 am -Board of Directors 28 Office Closed 29 Election Day 30 9:00 am - Century 21 - The Edge Mtng. 9:00 am - MCNE 31 8:30 am - RCA Weekly Meeting 9:00 am - MCNE G E P A R U P C O M I N G E V E N T S 10 elpasorealtor.com El Paso Realtor Magazine APRIL 2012