Metro West Advertiser May 9, 2024

Zillow Rolls Out a Home ‘Touring Agreement’ That Doesn’t Comply With Colorado Law

Ever since the March 15th announcement by the National Association of Realtors (NAR) that it had reached a settlement on the massive litigation against it regarding buyer agent commissions, brokers and brokerages have been trying to figure out how they can get buyers to sign an agreement of the type required by that settlement.

Such an agreement would have to provide for payment by buyers of the broker working on their behalf, and that agreement would have to be signed before an agent could show the buyer any homes for sale.

with whom I shared Zillow’s agreement last week.

First, since it has not been approved by the Colorado Real Estate Commission (CREC), Zillow’s form can only be used by brokers if it has been prepared by that broker’s own lawyer. Second, it does not contain the required definitions of working relationships.

I asked Waters what new or changed contracts the Division is working on to comply with the provisions of the NAR settlement, and she replied as follows:

Zillow, which is now a brokerage, not merely a real estate listing site, thinks it has produced an agreement which satisfies that requirement and that buyers would be happy to sign. The essence of it is that it is non-exclusive, lasts only seven days, and does not commit the buyer to paying anything.

Although the “Touring Agreement” is copyrighted, the April 30th blog post by Zillow’s Chief Industry Development Officer, Errol Samuelson, states that “we’re making it available for use to the entire residential real estate industry.”

Above right I have reproduced the one-page agreement, omitting only the non-discrimination clause and the signature lines.

In the blog post, Samuelson acknowledged that “the form of this agreement will vary by state, [but] we’re calling on the industry to adopt a non-exclusive, limited-duration agreement for the initial tours conducted by an agent with a prospective buyer.”

Indeed the form does not comply with Colorado state law in two respects, according to Marcia Waters, who heads the Division of Real Estate at the Colorado Department of Regulatory Affairs,

“It is our position that the NAR settlement doesn't require any changes to our forms. With that said, the Forms Committee is working on some possible revisions to the listing contracts, the contract to buy and sell and the brokerage disclosure to buyer to provide further clarification about compensation. Those revisions will be considered by the Real Estate Commission at their nonrulemaking hearing for the forms in June.” That meeting is at 9 a.m. on June 4th. The requirements established by the NAR settlement are now set to take effect on August 17th.

I like the concept of Zillow’s proposed touring agreement, since the NAR settlement only specifies “an agreement.” Having sent it to the Division of Real Estate and also to Frascona, Joiner, Goodman & Greenstein, PC, the law firm which serves Golden Real Estate and hundreds of other brokerages with legal forms not among those mandated by the CREC, I’m hopeful that one or the other of them will produce a “showing agreement” that we can use.

Without such an document agreeable to buyers, we can expect that buyers will only call listing agents to see listed homes. That scenario would serve neither the industry nor the public.

NAR Releases Additional Rules Pursuant to Settlement

Heretofore, the only guidance brokers had regarding the NAR settlement was that the MLS could no longer display an offer of co-op compensation for listings and that brokers could not show listings to a buyer with first executing a written agreement with that buyer. Last week we were advised of some additional rules that the MLSs need to follow. Here are the key takeaways. MLSs may not “create, facilitate, or support any non-MLS mechanism (including by providing listing information to an internet aggregator’s website for such purpose)” that includes “offers of compensation to buyer brokers or other buyer representatives.”

MLS data may not be used “directly or indirectly” to create a platform containing offer of compensation, and, if that is done, the MLS must terminate the access to the MLS and MLS data by the offending broker or brokerage.

Virtually every brokerage has its own website on which MLS listings are displayed. These websites must not, with or without MLS support, filter the display of listings to exclude individual listings based on the level of compensation offered or to exclude listings by specific brokerages or specific listing agents within a brokerage.

New Homes Can Have Inspection Issues, Too

This will be a good year, I believe, for the developers and builders of new homes. There’s a decent supply, you can choose between spec homes that are already built, or design a home to your specifications if you are not in a rush.

You won’t have to deal with bidding wars, but you also won’t be able to negotiate a price reduction. It’s “list price only” with builders.

Also, you can hire a buyer’s agent, such as my broker associates or me, who will be paid by the builder, so you don’t have to pay for professional representation. Too many buyers of new homes end up regretting that they bought from a builder’s salesperson and didn’t have a professional on their side. The builder’s agent is working for the builder and not in your best interest.

Another mistake buyers make is to think that because a home is new, it doesn’t need to be inspected. You abso-

“Concentrate on

lutely must invest in the cost of a professional home inspector. We have an inspector on our team, Jim Camp, who has decades of experience inspecting new homes for buyers. We recommend him exclusively. New construction is permitted and must pass county or city inspection, but, based on the kinds of defects that Jim has found in new homes, we worry that these inspections can be too cursory.

Jim likes to do a 2-phase inspection. The first inspection would be at the rough-in or pre-drywall stage, and the second or final inspection would be prior to the buyer’s final walk-through with the builder.

As when buying an existing home, money spent on inspections is money well spent, because you might uncover hidden defects, from sewer to attic, that could cost you much more later on.

Call me with your questions.

Brighton: 75 S. 13th Avenue

Obituaries, Arrangements and Resources Online at taborfuneralhome.com

CONWAY

Sherrill Irene Pollard Conway May 25, 1942 -November 10, 2023

Sherrill Irene Pollard Conway was born to Bill and Hazelle Pollard May 25, 1942 in Denver, CO and passed away on Nove. 10, 2023 at 2:40 p.m. at Lawrence County Manor in Mt. Vernon, MO.

She grew up near Barr Lake with her two sisters, Marjorie and Myrna. She graduated from Brighton High School in 1960. She met her husband Elmer (Sonny) Conway in his uncle’s drive way in Commerce City, CO. ey married on September 16, 1961 and started a family, raising 5 daughters. Sherrill went to nursing school and went on to become a pharmacy technician for the Brighton Hospital where she retired from in 1998.

Sherrill and Elmer retired to Freistatt, MO in 1999. Sherrill enjoyed crocheting baby blankets, putting puzzles together, cross stich, reading books and spending time with her family.

HATHAWAY

Sherrill is survived by her husband, Elmer of the home, daughters Rosie (Barry) Ferree of Mack, CO. Leona (Keith) Adler of Monett, MO. Marlene (James) Burgess of Bennett, CO. and Betsy (David) Wells of Pea Ridge, AR: grandchildren, Twyla, Cody (Jay) Ferree, Savannah (Chopper) Duran, Colby Burgess, Trevor (Shai) Wells, Dillon Wells and great grandchildern, Angel, James, Karson, Brantly Ferree and Rozelli Duran.

Sherrill is preceded in death by her parents, Billand Hazelle Pollard and daughter Connie Conway.

A celebration of life will be held at: Saturday, May 18th, 2024

Henderson Community Church 120001 Oakland St. Henderson, CO 80640-9630

Rhonda Lorraine Hathaway

February 10, 1964 - April 9, 2024

Rhonda was born February 10, 1964, in Denver, Colorado to Ronald and Virginia Werth and was the oldest of four siblings. She married her high school sweetheart and love of her life Kevin Hathaway September 14th, 1985.

Rhonda grew up in Commerce City, Colorado. She attended Adams City High School and started her working career at our family’s restaurant Gala Gardens. Rhonda always had a creative spirit whether it was in graphic design, drawing or crafting with her grandchildren. She loved it all. She also had a high interest in law enforcement and worked for Brighton and Commerce City Police Departments before retiring in 2000.

After retirement she couldn’t stay still and found herself back working at our family restaurant where she helped run and established many forever friendships. A few years after that Rhonda and her mother Virgina opened an event center in which she enjoyed. She loved to embrace the small-town community and extended her heart to the residents of Commerce City. She was a highly respected member of the Commerce City Business Association and the Commerce City Rotary where she contributed and enriched the sense of community.

Rhonda always needed something to do so she took up gardening. She planted a beautiful garden in her backyard in which she took great pride in maintaining it year after year. She also loved to travel whether it be on cruises with her husband to the Caribbean or camping in the Colorado mountains with her family. She loved it all! Her biggest joy was juggling her grandkids’ sports and activities. She would travel the world for them. Her love for them was monumental.

Rhonda was a ghter, who never gave up or gave in. She was strong, resilient, stubborn, full of energy and would always challenge everyone. ere was never an obstacle too big, a hurdle too high or a mountain too big that she couldn’t beat, her limitations were never her weakness but her strength. Rhonda is survived by her husband Kevin, mother Virgina (Ray), her three kids, Sarah (Chris) Sisneros, Chris (Amanda) Hathaway, Kayla (Bradd) Kothe and her beloved six grandchildren, Julianne, Diem, Emma, Kinley, Brayden, and Micah and her brothers Ronnie, Vince, and Brett. Plus, many nieces, nephews, aunts, uncles, and numerous friends whom she loved very much. She is preceded in death by her grandparents and loving father Ronald Werth.

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OBITUARIES FROM PAGE 5

Barbara Jean Stephens April 29, 1933 - April 21, 2024

Barbara Jean Stephens stepped into heaven on April 21, 2024—just 8 days shy of her 91st birthday. It was just like her to choose a Sunday morning as her departure date, and we are sure the Sunday service SHE attended that morning was EPIC!!

Barbara came into this world in Denver, Colorado on April 29th, 1933, as a surprise to her parents, Elbert and Julia Wilson, who had been told they couldn’t have children after Julia’s surgery years earlier. She was destined to be a “Wilma” following the “W” pattern of her older siblings, Walter and Wanda. Her sister, Wanda, was in Junior High School at the time and she convinced her mother to name her baby sister after her best friend, Barbara Jean. One of Barb’s nephews teasingly called her Aunt Wilma throughout her life.

She graduated from West High School in Denver in 1952 and soon after began working for Public Service Company. She had a full scholarship to attend Western Colorado University, but she loved her new job so much she decided to stay. at decision turned out to be fate, because had she gone to school, she would not have been there when James R. Stephens started working at PSCO in the fall. She told him she felt sorry for his future wife because he was gone skiing or shing every weekend and she knew his wife would be a weekend widow. Long story short, they were married the following year on Valentine’s Day, 1953 and continued to live happily for the next 56 years until Jim’s death in 2009.

ey started married life in Denver, where they were blessed with two children— Gregg, in 1955, and Nancy, in 1957. ey lived in their home in Denver until 1966 when they moved to Salida for 3 years. en they moved to Brighton where they lived for the next 40 years, and nally to Loveland for the next 17 years. Barbara moved to Good Samaritan Assisted Living in Ft Collins almost a year ago.

Barbara was an extremely gifted homemaker and created such a warm and loving home for her family. She took pride in every home she lived in and decorated accordingly for EVERY season and holiday! Christmas was her favorite! She provided incredible meals, equally incredible desserts and even the family picnics were a gourmet experience. Our family could not have been blessed with a better mom! We spent many weekends 4-wheelin’ through the Colorado mountains exploring our beautiful state and making wonderful memories together. She began working as an administrative secretary

in the Brighton School District when her children were older. She created another wonderful “family of friends” there. Barb loved to entertain family and friends and was active in each community. Her church families were always a priority and she spent many hours serving wherever she was called. She loved sending and receiving cards and oversaw the card ministry at her church for many years. Encouraging others was one of her many gifts. Other hobbies included scrapbooking, genealogy, embroidery, and knitting. ere are many little “pieces of Barb” in homes across Colorado!

Barb maintained an extremely strong faith throughout her lifetime. She loved her Lord, heart and soul! If you needed a good and faithful prayer warrior, Barb was your go-to!

Barbara was a very loving and supportive wife. Jim and Barbara had many wonderful years of love and laughter together and she was Jim’s dedicated caretaker for the last years of his life as he deteriorated with dementia. She had missed him every day of the almost 15 years since his passing. Our hearts are rejoicing that they are nally together again!! She cherished her children, grandchildren, siblings, extended family members, friends, and pets. She made lifelong friends everywhere she went, and she had an amazing ability to keep track of and nurture those connections. She had such a positive impact on so many peoples’ lives. Her strong faith and wisdom were a beacon of light and inspiration for many who knew her.

She is survived by her son Gregg Stephens (Dawn) of Central Point, OR daughter Nancy Trignani (Lou) of Ft Collins, CO, grandson Stephen Trignani (Heather) of Greeley, CO and granddaughter, Alyssa Tuttle (Dan) of Ft. Collins, CO.

All who were privileged to know her will remember her fondly. She left a legacy of love and a trail of lovely memories in each heart that she touched.

A memorial service to celebrate her life will be held on ursday, May 9, 2024, at 2PM at First Baptist Church, 1003 W 6th Street, Loveland Colorado. e family respectfully requests no owers. Donations in memory of Barb can go to either: Banner Hospice of Northern Colorado 5628 19th Street, Suite 2 Greeley, CO 80634

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