The Voice - 2022 Q2 by NM Association of REALTORS

IN THIS ISSUE A Message From Our President Legal Update: Copyright Infringement Claims on the Rise RPAC Across the State REALTORS® Relief Foundation $500,000 Grant NMAR REALTOR® The Voice | Second Quarter 2022 | Page 1

2022 NMAR Officers Damon Maddox, AHWD GRI GREEN MRP President

The REALTOR® Voice is published four times a year by the New Mexico Association of REALTORS® 549 S Guadalupe St, Santa Fe, NM 87501 Phone: 800-224-2282 (982-2442 in Santa Fe) fax: 505-983-8809. www.nmrealtor.com

Hubert H. Hill II, CRS GRI President Elect

2022 DVP’s Tim MacEachen - Central, CARNM Sam Todd - Northwest, San Juan County Lois Sury - Northeast, Santa Fe

Coleen Dearing, CRS, ePRO, SRS, GRI First Vice President

Esther Purkey - Southeast, Roswell Sonya Roberts - Southwest, Otero County M. Steven Anaya, RCE - Chief Executive Officer Ashley Strauss-Martin - General Counsel

Wes Graham, CRB CRS GRI C2EX Treasurer

F. Tasha Martinez - Communications Director Nicole Hammes - Director of Member Programs Ambyrly Maestas - Membership Administrator Kim Garcia - Office Manager

James Russ, C2EX Immediate Past President

Volume 26, Edition 5, Second Quarter 2022 Published by the New Mexico Association of REALTORS® NMAR REALTOR® The Voice | Second Quarter 2022 | Page 2

NAR Seeking Applications for NAR Directors - Deadline July 31st The National Association of • Participate in the NAR ® REALTORS is a member-driven meetings! The Association association. Members of the NAR and membership depends Board of Directors have duties and on the experience, knowlresponsibilities for governing the edge, judgment, and spirit association, and the association you bring to the Board of counts on directors to participate Directors. as we deliberate issues that impact NAR is Accepting Applications our members’ daily business lives. for: What are responsibilities as a • 1 Small Board director? • 1 Medium Board • Know the issues of imporApply here! tance to your constituency and bring matters of concern to the attention of the Association. • Know the issues of importance to the Association and report matters of concern or actions taken by the Association back to your constituency.

• 3 Trustee positions available • Term is for 1/1/23 - 12/31/25 • Deadline August 1, 2022 Click here to download the application

Upcoming Events

July 6 8 12

Finance Committee RPAC Trustees Benevolent Fund Stanley H. Mathis Foundation Forms Committee 13-15 NAR Communications Directors Institute 15 Strategic Planning Committee 17 Professional Standards Committee 19 Education Committee 19-21 NAR GAD Institute 20 NM MLS Board Meeting 21 By-Laws Committee

August 2 3 3-5

Opening Trustee Positions for the Stanley H. Mathis Foundation

Executive Committee Forms Committee Inman Conference, Las Vegas

8-9 NAR Leadership, Chicago 10 Member Services Committee 15-17 NAR CS Summit 17 Professional Standards NM MLS Board Meeting 13-15 Growth & Involvement Program II

September

5 Labor Day, NMAR Closed 7 Forms Committee 14-16 Housing Summit, Abq Benevolent Fund Stanley H. Mathis Foundation RPAC Trustees 21 Finance Committee NM MLS Board Meeting 23 Legislative Committee RPAC Trustees

NMAR REALTOR® The Voice | Second Quarter 2022 | Page 3

October

5 Forms Committee 7 Strategic Planning Committee 13-14 Growth & Involvement Program III 14 Executive Committee 18 Professional Education Committee 18-19 NM MLS Annual Meeting

November

2 Forms Committee 11-14 NAR Conference & Expo, Orlando 16 Finance Committee NM MLS Board Meeting 17 Growth & Involvement Committee 18 Legislative Committee 24-25 Thanksgiving Holiday - NMAR Closed

PRESIDENTS REPORT

NMAR Update

Damon Maddox, NMAR President New Mexico Association of REALTORS®

Time is flying by! NMAR has been busy working hard for you. We have a new team member, Camilla Gurule, an Attorney will be working closely with Ashley Strauss Martin, General Counsel. Let’s welcome her aboard! Thanks to the Forms Committee members and Ashely Strauss-Martin, General Counsel, we continue to address the on-going changes in our market, providing the membership with relevant and up-to-date forms. In April, we released new NMAR Form 2114 – Appraisal Contingency Waiver Addendum, to address the competitive market conditions and will be issuing new forms to replace the ORW with an Objection, Response and Resolution (ORR) process. In addition, we are in the process of registering the NMAR forms for copyright and re-formatting forms to create consistency with the titles, signature lines, etc. To-date, we have submitted over 40 forms for copyright and reformatted over 50 forms. Over the next few months, the updated forms will be issued to the form providers for use to the members. Finally, our contract with Instanet/Transaction Desk is up for review at the end of 2022. A task force will be created to review and research form providers. Our goal is to continue to provide the best options available to the membership. Registration for the NMAR Housing Summit is open and we hope you will join us for this in-person confer-

ence September 14 - 16 being held at the Albuquerque Hotel. Every other year, excluding 2020 when it was cancelled due to COVID-19, NMAR co-hosts a Housing Summit along with the NM Mortgage Finance Authority, New Mexico Mortgage Lenders Association and the New Mexico Coaltiion to end Homelessness. This 2.5 day event will have important meetings including District Caucsus, the NMAR Annual Meeting, Annual RPAC Meeting, NMAR Gala where REALTOR® of the Year will be announced and the Fall Legal Update with Ashley Strauss-Martin, General Counsel. There will also be more than 50 workshops on a variety of topics including Homeownership, Community Development and Compliance to name a few. New Mexico had been facing multiple wildfires that have burned over 900,000 acres. Once homes were being damaged by these wildires, NMAR leadership decided early on to reach out to the REALTORS® Relief Foundation to help alleviate some of the housing costs residents incurred during these wildfires. NMAR was granted $500,000, and has been working with the Las Vegas Board REALTORS® and the Ruidoso/ Lincoln County Association of REALTORS® to get the NMAR REALTOR® The Voice | Second Quarter 2022 | Page 4

word out to residents to apply for the RRF grants worth up to $2,000. These grants cover: • Monthly mortgage expense for the primary residents that was damaged by a wildfire • Rental cost due to displacement from the primary residence that was damaged by wildfire, including hotel costs Committees have been identified with the two local boards to review applications that are then sent to the REALTORS® Relief Foundation office. We are reviewing the first batch of applications and hope to help as many residents as possible. We will be advertising in communities affected in print media and radio spots. I have appointed two task forces, to review the committees and governance structure to ensure that we are efficient and that the organization is aligned with the NMAR Strategic Plan. The Task Forces have meet multiple times and have identified changes that you will see on the agenda at the NMAR Board Meeting at the Housing Summit in September. I would like to give a shoutout to the NMAR staff for all of the hard work they continue to do. We appreciate all that you do for us.

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Even though we are all busy, continue to remember that we are “Many Voices, One State: Share the Vision”.

FROM YOUR CEO

Election Highlights and the 2023 Legislative Session M. Steven Anaya, Chief Executive Officer New Mexico Association of REALTORS®

The 2022 New Mexico Primary Election is over, and the races for the General Election November 8, are set. While most of the results were predictable, there was a low turnout of registered voters for the primary election (25.33% of registered voters) and a few incumbents lost their seats. Here are some highlights from the 2022 Primary Election: New Mexico House of Representative A number of incumbent Democrats faced strong challenges in their primary election and will move on to the general election. These incumbents include: • Susan Herrera (D) won over Marlo Martinez (D) in House District 41 (Rio Arriba); • Kristine Ortez (D) won over Florence Miera (D) in House District 42 (Taos); • Andrea Romero (D) won over Henry Roybal and Ryan Salazar (D) in House District 46 (Santa Fe); and

• Randi Pettigrew (R) won over Rebecca Jones (R) in House District 61 (Lea); and • Larry Scott (R) won over Elaine Cortez (R) in House District 62 (Lea). Incumbent Rachel Black (R) lost her seat to John Block (R) in House District 51 (Otero). NMAR REALTOR Kurstin Johnson (R) will be running against incumbent Natalie Figueroa (D) in House District 30. U.S. House of Representatives In New Mexico’s 1st Congressional District, Melanie Stansbury (D) was unopposed in the Democrat primary election. Stansbury will now face Michelle Garcia Holmes (R) in the General Election. In prior elections in this District, Democrats have performed well. With the newly drawn Congressional maps, this District could be slightly more competitive for Republicans.

Incumbent Roger Montoya (D) lost his seat to Joseph Sanchez (D) in House District 40. Sanchez had previously held this seat.

In New Mexico’s 2nd Congressional District, Yvette Herrell (R) was unopposed in the Republican primary election. Gabe Vasquez (D) handily defeated Darshan Patel to win the Democrat Primary. This general election contest will be a close race due to the reconfigured district boundaries from last year’s redistricting.

A number of incumbent Republicans faced strong challenges in their primary election and will move on to the general election. These incumbents include: • Jane Powdrell Culbert (R) won over Frida Vasquez (R) in House District 44 (Sandoval);

In New Mexico’s 3rd Congressional District, Teresa Leger Fernandez (D) was unopposed in the Democrat primary election. Leger Fernandez (D) will face Alexis Martinez Johnson (R) in the General Election. In prior elections in this District, Democrats have performed well.

• Ambrose Castellano (D) won over Anita Gonzales (D) in House District 70 (San Miguel).

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With the newly drawn Congressional maps, this District could be slightly more competitive for Republicans.

• Support programs to curtail homelessness

2023 will be a hearty 60-day session with at least 13 new House members. NMAR has an aggressive legislative agenda under the direction of this year’s new Chair, Coleen Dearing, who also serves as First Vice-President.

• Support reasonable tenant/landlord legislation

NMAR Legislative Priorities Economic Development • Support Legislation that provides jobs and encourages investment • Advance initiatives that will help kickstart New Mexico’s economy post-COVID-19 • Support statewide broadband availability Equitable Tax Policies • Support fair property tax assessments • Oppose transfer taxes on the sale or transfer of real property Review Condo Act • Review the Condo Act to ensure compatibility with the HOA amendments passed in 2019 Advocate Increased Housing Inventory • Support creation of workforce housing; affordable housing for veterans and seniors NMAR REALTOR® The Voice | Second Quarter 2022 | Page 7

• Support increased Rental units Water • Ensure the availability and quality of water to meet New Mexico’s needs After the elections, we will be asking for volunteers as State Political Coordinators who will be assigned to all 112 legislators. With a change in seats in the legislature, it is imperative that we, as REALTORS® educate candidates about NMAR issues. We will continue to keep you informed as election time gets closer to Election day, November 8, 2022. For information on the upcoming election, and other election questions, visit the New Mexico Secretary of State. To make a donation to NM-RPAC click here

LEGAL UPDATE

Ashley Strauss-Martin New Mexico Association of REALTORS® General Counsel

Most letters that begin with the phrase “This law firm represents...” do not end well. A common copyright troll tactic is sending a cease and desist letter demanding that you stop using “their” intellectual property, and demanding that you pay them a substantial amount of money to avoid a lawsuit. These letters are ostensibly supposed to put you on notice about a copyright violation, but they are often abused by individuals and companies who are simply looking to make a quick buck. Think it won’t happen to you? Think again! Several New Mexico business owners, including Realtors®, have received just this type of letter in the last year, demanding as much as $30,000.00. One photographer alone sent copyright infringement letters to at least four New Mexico business owners including our own a CCIM Institute, threatening to bring suit for upwards of $100,000 if the demand for payment was not met. To make matters worse, you may NOT have insurance coverage to assist you with these type claims. Typical Errors and Omissions policies do not cover copyright infringement claims.1 What is Copyright? Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes Review your policy and/or check with your carrier for information regarding your specific policy and/or to determine if a rider is available for such coverage. 1

the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and more. Copyright exists automatically in an original work of authorship once it is fixed, but a copyright owner can take steps to enhance the protections. The most important step is registering the work. Registering a work is not mandatory, but for works in the United States, registration (or refusal) is necessary to enforce the exclusive rights of copyright through litigation. Registration also allows copyright owners to seek certain types of monetary damages and attorney fees if there is a lawsuit and serves the public by providing notice that someone is claiming copyright protection. What is Copyright Infringement? Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. In cases of works made for hire, the employer or commissioning party is considered to be the author. Publication has a technical meaning in copyright law, NMAR REALTOR® The Voice | Second Quarter 2022 | Page 8

but generally, publication occurs when copies of the work are first made available to the public.

meaning you produced it? If not, do you have a license to use it?

What is the Public Domain?

Do you have an IDX feed? The MLS requires all participants to be the author of or have permission to use all the content they upload, but the MLS does not review everything uploaded by its participants to confirm this is the case, so is it possible that somewhere in that IDX feed is an image, a diagram, a floor plan, etc. that violates someone’s copyright?

The “public domain” is not a place. Work enters the public domain when a copyright expires, when the copyright holder fails to renew it, when it was unprotected in the first place, and when dedicated to the public domain by the owner. Copyright does not protect work in the public domain, and works in the public domain may be used freely without the permission of the former copyright owner. Certain works will always be in the public domain.2 But remember, just because something is found on the Internet, does not mean that it’s in the public domain. Even memes have copyright protection belonging to their creator – you’re just getting a license to use them freely. Click HERE for more information on searching the copyright database. Could you be infringing someone’s copyright? Do you have an online platform – a website, a Facebook page, your Realtor.com profile page?3 Is ALL the content on those pages original works of authorship, These include: works created prior to 1923, works that are not copyrightable in the first place, such as facts, ideas and government and judicial works, works that have a clear message of disclaiming copyright; and works with a copyright term that has lapsed, either due to time or a failure to renew or register 2

3 Last year a photographer claimed a photograph on the REALTORS® profile page of Realtor.com infringed his copyright and demanded money from the Realtor. Realtor.com had registered an agent under the DMCA and immediately took the photograph down and the photographer had no further recourse against Realtor.com; however, the Realtor who allegedly uploaded

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How do you protect yourself? First confirm that you either produced or have the right to use all content that is being uploaded onto your platform. You can access a number of copyright release forms HERE. As for that content on your website that contains material that you did not upload, the Digital Millennium Copyright Act (“DMCA”) provides protections. The DMCA was signed into law on in 1998. It significantly changed copyright law, including the addition of “safe harbor” provisions. The DMCA established protections – “a safe Continued on page 15 the photograph had no protection. She settled the claim to avoid a lawsuit. An online service provider is an “entity offering the transmission, routing, or providing of connection for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.” This means that if an entity allows users to post things the user chooses to post, and the entity transmits, routs, or provides that material without alteration, then the entity is considered an online service provider. Prior to receiving a takedown notice, the service provider must not be aware of the infringement or of facts or circumstances that would make the infringement apparent. 4

2022 Growth & Involvement Program

The 2022 Growth & Involvement Program started with a community event at the El Caldito Soup Kitchen in Las Cruces. Pictured from left to right: Daniel Kennedy, Sarah Malufau, Helen Chan, Heather Price, Tasha Martinez, Anastasia Hobby, Carrie MontoyaPegg, Blanca Martinez, Penelope Rivera, Gabe Anaya - President of El Caldito and Kent Simpson.

The 2022 Growth & Involvement participants enjoyed a presentation by Governor Garrey Carruthers (pictured center) who presented on the Signs of Leadership

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$500,000 Grant to Assist Residents Impacted by Wildfires

The New Mexico Association of REALTORS® has been awarded a $500,000 grant from the REALTORS® Relief Foundation to be distributed to victims of the Wildfires that are affecting New Mexico, destroying more than 800 residential properties to date. Funded through donations from REALTORS® and REALTOR® organizations and administered by the New Mexico Association of REALTORS® and the REALTOR® Relief Foundation, the grant will provide eligible applicants up to $2,000 of assistance per household impacted by the recent fires. Funding is available on a first-come, first-served basis to qualified applicants, victims of the New Mexico wildfires who have been displaced from their primary residence, based upon certain qualifications. The funds must be used for one of the following: • Monthly mortgage expense for the primary residence that was damaged by the wildfire disaster; or • Rental cost due to displacement from the primary residence resulting from the wildfire disaster; or • Hotel reimbursements for displacement due to damages to primary residence Click on the link for grant details and access to the Application. Application requests will be accepted until NMAR REALTOR® The Voice | Second Quarter 2022 | Page 11

all funds have been distributed or until August 31st, 2022. A panel of local professionals will review and verify the applications and supporting documents with relief checks issued as quickly as possible. “Even before the fires had been fully contained, our local, state and national association leaders began developing a plan of action to assist the victims in New Mexico, said 2022 NMAR President Damon Maddox. “With the contributions from our REALTOR® community across the country and the vision of our leadership from New Mexico Association REALTORS® and the NAR REALTORS® Relief Foundation, we will effectively be able to provide some amount of assistance to every victim of these fires as we all work to find a path forward for our fellow New Mexicans.” New Mexico REALTORS® are at the heart of our communities and in partnership with REALTORS® around the nation through the REALTORS® Relief Foundation, we are honored to help individuals and families who have lost their home or have been displaced from their home due to the New Mexico Wildfires.

RPAC ACROSS THE STATE

Ruidoso/Lincoln County Association of REALTORS® Whiskey Tasting/Axe Throwing Event

The Ruidoso/Lincoln County Association of REALTORS®’ Whiskey Tasting & Ax Throw Competition benefitting RPAC was a great success, raising over $6,000! The top ax-thrower, Sean Donaldson, won a $500 gift card. Second place, Phil DiPaolo, won a $250 gift card and third place, Kermit Baumann, won a $100 gift card. This event would not have been possible without the support of our membership.

YPN Kentucky Derby

As part of the afternoon festivities, guests enjoyed beverages, a buffet and bid on more than 30 auction items.

Images by Servant360

The event raised $11,000 for RPAC, the NAR bipartisan advocacy group that supports state and federal candidates who are considered REALTOR® champions for their efforts to support private property rights, economic development, and to protect the real estate industry.

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NMAR IN D.C.

NMAR REALTOR® The Voice | Second Quarter 2022 | Page 13

Values

Moral Conduct Integrity

Ethos

Beliefs

Principles

Standards

What it Means to be an Ethical Real Estate Agent Should the public trust the real estate industry? As quiet as it’s kept, salespeople of any industry can get the nickname of “sleazy” or “swindler” because that is not just the name of a Netflix show (for those of you that have seen the Tinder Swindler). For some of us, just hearing the words “Used Car Salesman” conjures up bad and maybe vivid personal memories of a time when buyer’s remorse was a gut punch. No shade to car salesman, though. For our industry, it’s also been, shall we say, complicated due to some agent, lender, and other vendor participation in now illegal UN-fair housing acts like steering, blockbusting, redlining, and downright housing exclusion. This isn’t something that’s in the past, either. A 2021 Report by the National Fair Housing Alliance, found that over 28,000 UN-fair housing violations were reported. That is mind-boggling! Consequently, for some in the general public, there is a real trust issue when it comes to real estate pros. Most of us realize that just because laws exist, doesn’t mean that violations just poof, bam boom, bibbidi-bobbidi-boo disappear. Laws are not magic. We know that from shows like Dateline and basically anything on the ID channel. Those tv shows indicate that laws don’t

necessarily stop crimes, but they MAY provide restitution — IF— there is proof and— IF —the violator is caught (those are big “ifs,” though). Unfortunately, ethical standards and fair housing regulations are no exception. Laws don’t necessarily stop UN-fair housing, but ethical agents can. This is why it’s so important to help clients understand the value of working with a REALTOR®. The National Association of REALTORS® has a code of ethics that all agents are held to, and the association requires that agents take a Code of Ethics training every three years. #WhoWeR, Ethically Speaking, with Leigh Brown Most of us do our best to act ethically, especially when serving our clients. If you have questions about what it means to be an ethical real estate agent, rest assured. There are experts in the industry and they’re here to help! In this Atlanta REALTORS® Rundown podcast interview, hear from the GOAT of ethical training classes, THEE Leigh Brown as she discusses: What does it mean to be an ethical real estate professional? How can leaning into the REALTOR® Code of Ethics protect and improve our reputations and the industry? What do we get wrong ethically speaking?

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harbor”- for online service providers4 in certain situations if their users engage in copyright infringement. To take advantage of the safe harbor protections, certain steps must be followed.5 Step #1: Adopt and implement a policy for terminating the accounts or subscriptions of repeat infringers and publish it on your website. Step #2: Accommodate and do not interfere with standard technical measures used by copyright owners to identify and protect their works. Step # 3: Register an agent under the DMCA to receive notices of infringement claims for material posted on the website or platform and publish your agent’s information on your website. Click HERE to learn how to register an agent. Step #4: When your agent receives a Take-Down Notice, comply with the DMCA takedown and counter notice process. Click HERE for steps to take if your agent receives a Take-Down Notice Request.

What are some strategies to help us level up ethically speaking? Dive Deeper into Real Estate Ethics By the way, #WhoWeR proceeds for this broadcast go to the REALTORS® Relief Foundation, which is in year 21 of supporting our neighbors’ housing needs after a natural disaster. Dr. Lee Davenport is an Atlanta-based real estate coach who trains agents, teams, brokerages, and other business organizations on how to use today’s technology to work smarter. Join Lee’s free RE Tech Insider’s Club by visiting www.LearnWithLee.REALTOR.

Become a 2022 C2EX Challenge Champion!

Click for more information NMAR REALTOR® The Voice | Second Quarter 2022 | Page 15

If an agent is designated, and other necessary steps under the DMCA are followed, then if you should receive a claim of copyright infringement, you will not be liable for copyright infringement, even if the user material posted by the user on your website was in fact infringing material. Visit the U.S. Copyright Office’s Website and NAR’s Website for more information and resources. Legal Update provides a limited and general discussion of some, but not all, aspects of issues that is intended but not guaranteed to be accurate as of the date published. This information may become outdated and it is the responsibility of the user to determine if it is current. No summary of the law is a substitute for legal advice with respect to a particular matter. No attorney-client relationship is intended or implied. If legal advice is required, the services of a competent attorney should be obtained. NMAR members are cautioned against engaging in the unauthorized practice of law by advising a consumer of legal rights and obligations or by applying the law to particular facts and circumstances. (c) 2021 New Mexico Association of REALTORS®

Discover three days packed with informative workshop sessions, fun-filled networking events, and insightful keynotes at the premier housing event that brings together more than 500 professionals from sectors across the housing spectrum. Discover the latest technologies and methodologies and network with a wide range of industry professionals as you enjoy this year’s theme: Block Party, Welcome to the Neighborhood!

ceremonies.

This Summit will be extra special since the NM Mortgage Finance Authority will also unveil the statewide housing strategy, a comprehensive housing strategy led by MFA and developed by the Housing New Mexico Advisory Committee. The Summit is produced in partnership with the Coalition to End Homelessness, the New Mexico Mortgage Lenders Association, and the New Mexico Association of REALTORS®, all of which will have informative conference sessions and awards

Wednesday, September 14 10:00 - 11:15 am District Caucus Meetings 11:45 am - 1:45 pm Opening Plenary Session Stockton Williams 2:15 - 3:15 pm NMAR Annual Board Mtg 3:45 - 4:45 pm Workshops 5:00 - 7:00 pm Opening Reception Thursday, September 15 8:00 - 9:00 am Breakfast Plenary - Liz Murray 10:30 - 11:30 am NM Home Search 11:30 am - 12:45 pm Lunch

11:30 am - 12:30 pm 12:45 - 1:45 pm 2:15 - 5:00 pm 5:15 - 7:00 pm 6:00 - 10:00 pm

Stanley H. Mathis RPAC Annual Meeting Workshops Pavillion Meet Up NMAR Gala

Friday, September 16 8:00 - 10:15 am Breakfast Plenary - Chris Heeter 10:30 am - 12:30 pm NMAR Fall Legal Update

Click Here for Conference & Hotel Information

The Voice - 2022 Q2

Articles inside

The Voice - 2022 Q2