2009_11-12_Commonwealth

CONVENTION PHOTOS GALORE P. 22 • 2010 CAPITOL SQUARE BATTLES P. 30 November/December 2009

A journal for real estate professionals published by the Virginia Association of REALTORS® • www.VARealtor.com

WHAT A YEAR IT WAS!

ALSO INSIDE: New — standard short sales forms! p. 12 (Un)professional e-mail p. 14

ANDREW KANTOR PUBLISHED BY THE VIRGINIA ASSOCIATION OF REALTORS® The Business Advocate for Virginia Real Estate Professionals Cindy Stackhouse, GRI President John Dickinson, CCIM, GRI President-Elect Trish Szego, CRB, CRS Vice President John Daly Treasurer John Powell, ABR, CRB, CRS, GRI Immediate Past President R. Scott Brunner, CAE Chief Executive Officer scott@VARealtor.com Ben Martin, CAE Vice President, Marketing & Communications ben@VARealtor.com Andrew Kantor Editor & Information Manager andrew@VARealtor.com For advertising information, Brittany Sullivan at (410) 584-1968 or e-mail var@networkmediapartners.com The mission of The Virginia Association of REALTORS® is to enhance its membership’s ability to achieve business success.

Commonwealth magazine (ISSN#10888721) is published bi-monthly by the Virginia Association of REALTORS®, 10231 Telegraph Road, Glen Allen, VA 23059-4578; (804) 264-5033.

Virginia Association of REALTORS® members pay annual dues with a one-year subscription included within their dues.

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Get it? Got it? Good!

In addition to the print version of Commonwealth, VAR publishes electronic newsletters at regular intervals, including...

...the online version of our print magazine, published every month.

If you’re not receiving newsletters via e-mail from time to time, it may be that we don’t have your correct email address. Contact your local association of REALTORS® to enter your address in the database.

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firstword

Sprechen sie Realtor®?

REALTORS® DON’T READ. That’s what was told my first week on the job.

They’re too busy — there are clients to court, properties to sell, offices to manage, and onward. So “RDR.” Keep that in mind, they said, when you’re writing Commonwealth.

Problem is, I work for the marketing and communications department. Our job is to tell you things (ergo, the “communications” part).

If you’re not reading — or you’re not reading this magazine — we need to find another way to get you this information.

“

It’s like making an announcement at Ellis Island: The more languages you speak, the more people you’ll reach.”

It’s like giving someone directions: I prefer to see a map. My wife likes it turn by turn (“Left on Main”). Other people want to know about landmarks (“Left at CVS”).

Some Realtors® like to sit and read a magazine. Others prefer e-mail. Others want to go to a Web site. Others are into social media.

So when it’s time to communicate, the smart thing is to do it in as many ways as possible. It’s like making an announcement at Ellis Island: The more languages you speak, the more people you’ll reach.

Of course, there are downsides.

“Reach your customers with Twitter!” one pundit shouts. “‘Friend’ your clients on Facebook!” shouts another. “Text

them on their cell phones!” “Video!

You must use video!”

It’s the Tower of Babel, 21st century style. So we have to speak as many languages as possible — put the same message in as many places as we can.

Want your news fast?

Announcements and other information appear first on VARbuzz (at VARbuzz.com, of course). Prefer to have it delivered? Subscribe to an e-mail digest. Use Facebook or Twitter? VARbuzz posts are echoed there, too.

If you’re willing to wait so your news is condensed, Commonwealth Online comes out monthly and echos the most important VARbuzz postings. Willing to wait longer and prefer your news in print?

Commonwealth hits your mailbox every two months.

One message, multiple channels.

Other magazine content — features, Legal Lines, and so on — will be archived on our Web site and posted on VARbuzz. Full circle.

Our job is to deliver information the way people want it — print, Web, smartphone, Kindle, neural shunt, whatever; there will always be a Next Best Thing. Thankfully, the same technology that powers these tools also gives us the ability to do that relatively easily.

Now, I wonder how this might apply to your business…●

Andrew Kantor, Editor andrew @VARealtor.com

NOVEMBER/DECEMBER 2009

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NOVEMBER/DECEMBER 2009 VOLUME 16 ● ISSUE 6

contents

departments 4 quickhits The latest news and announcements for Virginia’s Realtors®.

6 legallines Lem Marshall answers readers’ questions about real estate law.

12 formfactor The first of VAR’s new short-sale forms, and how to use it.

14 accessibletech Are you sending unprofessional e-mail? Here’s how to do it right.

in every issue feature 1 firstword 32 rpacreport

18

38 varbuzzcontest 39 contactvar 40 lastword APEX Award of Excellence winner

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NOVEMBER/DECEMBER 2009

22 30

What a year it was

New projects, new benefits, new programs, and more — 2009 was a busy year for VAR, and our newest spokesman spells it out for you. They’re your dues dollars, after all; see how we’re making them work for you.

VAR’s 2009 Convention & Expo (at The Homestead) was chock full of education goodness — and more. Check out our photos.

What will we be fighting for on Capitol Square in 2010?

It’s all in our legislative agenda.

WWW.VAREALTOR.COM

quickhits

ANDREW KANTOR

[Appraisals]

Appraisers need to be certified Starting October 1, the Department of Housing and Urban Development requires that any appraiser who wants to do work for it — or for the FHA — must hold state certification as a residential or general appraiser.

There is no grandfather clause.

If you aren’t certified, FHA cannot use you. Period.

HUD explains things in a letter (available at VARbuzz.com/go/hudletter), and you can contact our director of political communications, Meredith Cox (meredith@VARealtor.com), if you have questions or concerns.

[Mortgage News]

Tax credit extended through April 2010 Congress and the President have extended and expanded the $8,000 tax credit for first-time buyers.

Buyers now have until April 30, 2010 to sign a contract and qualify, and now many existing home owners also qualify.

The biggest change: Owners who have lived in their homes for at least five consecutive years of the past eight can claim up to a $6,500 credit when they buy a new home.

There are changes to income limitations as well, and limits on the price of the home.

Go to VARealtor.com/Tools for a flyer with all the details.

[Housing Economy]

Sales down, foreclosures up in third quarter Foreclosures in Virginia rose 7.8 percent in the third quarter of 2009, according to RealtyTrac — and just in September, foreclosures were up 10 percent over 2008.

Meanwhile, according to VAR’s quarterly home sales report, existing home sales in Virginia were down 2.2 percent compared to the same quarter last year, despite four of the seven regions showing an increase in sales.

The good news: The median sales price was virtually unchanged from 3Q 2008, and was up for the third consecutive quarter — it’s up about $28,000 this year.

You can see the full report at www.VARealtor.com/HomeSales.

www.VARealtor.com/HomeSales 4

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[Short Sales]

New short sales forms are here Short sales are all too commonplace, but there haven’t been statewide standard forms for Realtors® and brokers to use. Until now.

VAR’s Standard Forms Working Group took on the task, and over the past few months has developed those forms. VAR’s Risk Management Committee and Board of Directors approved them, and now they’re available to you. They are: •S hort Sale Addendum to Residential Contract of Purchase; •S hort Sale Addendum to Exclusive Authorization to Sell; •S hort Sales: Information for Purchasers; and •S hort Sales: Information for Sellers.

They’re all available in the at www.VARealtor.com/zipform.

[Legal Update]

SCC: Metal-frame lawn signs are OK Officials at the State Corporation Commission, after several meetings with VAR staff, have agreed that Realtors® who install metal frame signs by hand on a property do not need to call Miss Utility first.

Virginia’s Underground Utility Damage Prevention Act required up to a three-day wait for utility lines to be marked before any “excavating,” which the SCC interpreted to include the installation of metal frame signs.

But, after discussions with VAR’s Law & Policy staff, the SCC agreed that installing a metal frame sign by hand, is not excavating and does not require a call to Miss Utility. (If the installation requires use of a hammer, shovel, or other tools, however, you still must call.) www.VARealtor.com

[Legislative Affairs]

New stormwater regs — less pollution, but more sprawl?

[Member Outreach]

Member Outreach team tops 10,000 “touches” Our Member Outreach Division officially broke the 10,000 mark of members touched through personal visits, outreach education, and training — that’s about a third of VAR’s total membership.

Team members racked up the miles visiting local associations and brokerages across the state, showing members the kinds of products and services VAR offers them, making suggestions, offering advice, and generally helping as many folks as possible deal with the current economy.

Want someone to come to your office? Visit VARealtor. com/MemberServices to see about having someone reach out and touch your office.

The FHA announced new requirements for anyone looking to order appraisals for FHA-insured mortgages.

New regulations recently approved by the Virginia Soil and Water Conservation Board aim to curb pollution in the Chesapeake Bay by lowering the amount of phosphorous runoff allowed by new construction. Among other things, that will require homes to have larger lot sizes.

While VAR sympathizes with efforts to preserve Virginia’s natural resources, we submitted comments opposing the new regulations because they will have unintended consequences such as contributing to sprawl and increasing costs to Virginians.

(Governor-elect Bob McDonnell, as well as many members of the General Assembly, supported us on this.)

Nevertheless, the regulations were adopted and are slated to go into effect in July 2010.

[Legal Issues]

Fill out your own inspection contingency removal addenda [Apprasials]

FHA clarifies “appraiser independence” The Federal Housing Administration recently published a mortgagee letter to ‘clarify and reaffirm’ its requirements for appraiser independence. It also announced new eligibility requirements for anyone looking to order appraisals for FHA-insured mortgages.

The new requirements will be effective starting January 1, 2010, and you can read the details in a Word document at VARbuzz.com/ go/FHAletter.

Volume 16 ● Issue 6

If you work with inspectors, you’ll want to hear what Blake Hegeman, our associate counsel, has to say about contingency removals. Quoth: Recently we’ve learned that some home inspectors, as a service to real estate agents, are preparing inspection contingency removal addenda after performing the home inspection. Drafting contracts for others is the practice of law in Virginia, and it is therefore generally restricted to licensed attorneys.

However, real estate licensees may do it if it’s incidental to a real estate transaction in which the licensee is involved, and the licensee does not receive a separate fee for it.

This exemption does not extend to home inspectors. In fact, home inspectors drafting these addenda are likely engaging in the unauthorized practice of law, which is a misdemeanor in Virginia. There are also copyright issues involved with the use of Realtor forms by non-Realtors.

Please do not encourage inspectors in this practice. It does a disservice to our clients and potentially subjects home inspectors to prosecution and other liability. If you need a home inspection addendum, it is best to draft it yourself.

You’ll find more legal help at VARealtor.com/legalresources. l

NOVEMBEr/DECEMBER 2009

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legallines

Lem Marshall, VAR Special Counsel

Vintage whines As I promised in last issue’s column (which dealt primarily with short sales), I am returning balance to this issue’s offering. Think of it as a savory varietal, with compensation and advertising providing delicate vanilla and fruit in the mid-mouth, but with the lurking omnipresence of the short sale leaving a tannin-like after-sharpness, a point of asperity in the farewell, the hint of malevolence, even, in the au revoir. Let’s uncork it, shall we? *

Halfsies

Q.

A short-sale listing in the MLS offers 2.5% to selling agents. The listing agent, ever aware of the beating he might take at the hands of the lender, writes into the purchase contract that the compensation received by the listing firm will be shared “50/50” with the selling firm. At settlement, the listing agent is pleased to see that the firm’s 6% compensation is not cut by the lender. The buyer agent now claims 3%. Is this claim enforceable?

A. I’m afraid not. You might find it a bit acidic, but we have to realize that the purchase agreement between buyer and seller does not alter the only contract that matters here — the one formed when the selling firm accepted the listing firm’s offer in the MLS. That offer — 2.5% — formed the basis for the contract between the firms, and was the offer the selling firm accepted. The listing firm was as smooth as an undecanted claret, but it got lucky.

If it had made its 50/50 offer in the MLS, it would have been bound, like the cask of Amontillado.

Family matters

Q.

A listing firm receives an offer from seller’s brotherin-law, with whom seller does not get along, and to whom seller would never sell the property. The buyer is represented by an agent of the listing firm, who is aware that the buyer has set up an LLC to conceal his identity from the seller.

When an offer is produced, the principal broker designates agents to represent their respective clients. She then wonders whether she has a duty to disclose the identity of the buyer to the seller, or whether this must be kept confidential.

A. An impudent little rascal, this vintage, don’t you think? Look, before designation, when he became the agent of only the buyer, the buyer agent was every bit as much the agent of the seller as was the nominal listing agent (every agent of the firm is the agent of every client of the firm until something — designation — changes

that). If the agent knew the seller’s predilections he should not have accepted a representation so thoroughly adverse to his client’s interest. And the broker should not have permitted the designation.

Here’s the morale of the story: A principal broker may — but is not required to — designate. This is a good example of a time when it is not advised. One of the clients is going to be very unhappy with the firm. Some conflicts cannot be resolved. Avoid them, like we should avoid that carbolic little selection that’s the cheapest save one on the wine list.

“

If the agent knew the seller’s predilections he should not have accepted a representation so thoroughly adverse to his client’s interest.”

Let’s spend the next 90 days together

Q.

What are the rights of a tenant living in a property foreclosed on by the lender?

A. Until just a few months ago, most such tenants could be displaced by the purchaser at the foreclosure (usually the lender). But a recent federal statute has changed things for virtually all tenants. If the loan secured by the foreclosed mortgage lien is a “federally-related mortgage loan” as defined in RESPA (and virtually all institutional mortgage loans are), then the tenant has enhanced rights.

In all cases the tenant is entitled to notice of the foreclosure. Month-to-month tenants are then entitled to remain in the premises until 90 days after notice. Tenants under arms-length leases for a longer term are entitled to remain in the premises until the end of the term, unless the purchaser at the foreclosure intends to occupy the premises, in which case the tenant is entitled to remain for 90 days after receiving notice from the purchaser. These provisions apply to Section 8 tenants as well. In addition, state laws that are more tenant-friendly will not be preempted by the federal law. New wine, new bottles.

* Pace, Stephen Potter.

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www.VARealtor.com

legallines Settle down

Q.

we continue to see owners of rEO require buyers to use of an affiliated settlement company. Is it legal for the owner (or the listing firm) to impose such a requirement?

A. No. Both RESPA and CRESPA would seem to be obstacles to such action. Recent amendments to CRESPA make clear that the rights of buyers to select their own settlement agent may not be waived, and buyers’ rights under the law cannot be amended, even by written agreement of buyer and seller. RESPA provides that sellers may not condition the sale of real property on the willingness of the buyer to use an affiliated settlement service provider. So what’s up with this practice?

Well, when a buyer recently refused to acquiesce to the lender’s illegal insistence that its settlement company be used, the lender refused to close, whereupon the buyer sued. The judge in the Fairfax Circuit Court promptly popped his cork. He ordered specific performance, found the seller in violation of CRESPA, awarded legal fees, and reported the seller to HUD for investigation of violations of RESPA. I’m not sure if the title company was reported to the Virginia State Bar for violations of CRESPA (the Bar enforces the Act) or if the listing firm was reported to the Real Estate Board for its part in the lender’s illegal acts, but I wouldn’t be surprised.

The courts don’t like this practice any more than we do, so let’s remind listing agents and lenders of this case the next time our buyers are put under the knife. It’s vinegar to the seller, but it’s St. Emilion Chateau Cheval Blanc to the rest of us. So down the hatch with it, my writhing old serpent, with a hey-nonny-nonny-and-a-hot-cha-cha.

Error or omission

Q.

A buyer decides to terminate a contract by exercising his rights under the pOA Act. to bring this about, the buyer agent sends the listing agent a release providing that the earnest money deposit is to be given to the seller. the seller signs and returns the release. the buyer then realizes that the terms of release were in error, and that the buyer was to receive the deposit. what are the buyer’s rights in such a situation?

A. A unilateral mistake will act to avoid a contract only if the non-mistaken party knew or should have known of the mistake. I’m not sure I see that here. After all, why should the seller not have seen the EMD as a part of the bargain to gain seller’s agreement to the release?

Now, if you’re going to tell me that the release was the act of termination under the POA Act, well, I don’t see that either. A release is a mutual agreement and is not effective until agreed to by both parties. A termination is often a unilateral act of a party exercising some 8

NOVEMBEr/DECEMBEr 2009

VAR Legal Hotline: (800) 755-8271 Is it risky? Quick! To the Hotline…

The VAR Legal Hotline is a free, members-only risk management tool that is among the top-rated services offered by the Virginia Association of REALTORS®. Through the Legal Hotline, you can receive timely legal information on the issues you confront day-in and day-out in your real estate practice. The VAR Legal Hotline has one major objective: to increase Realtor® professionalism and decrease professional liability.

Before you call: Please note that many of the routine questions the Hotline receives — and we receive a lot of routine ones — have previously been answered in Commonwealth articles; check the indexed Hotline archives at VARealtor.com before calling.

Guidelines for legal hotline calls: All principal or supervising brokers are eligible to use the Hotline. In addition, one other designated person from each office (for example, an associate broker or office manager) may register as designees of the principal broker.

how to sign up: Registration is easy. Complete the form found under the Member Services tab at VARealtor.com. You must register before you call the Hotline.

hours of operation: Monday through Friday (except holidays) from 10 a.m. to 3:45 p.m.

how to contact the hotline: By phone: (800) 755-8271 or (804) 264-5033.

By e-mail: hotline@VARealtor.com

Call handling process: When you call, please have your NRDS number ready, and include it with any e-mailed questions.

Questions?

If you have questions about the Hotline, contact VAR at (800) 755-8271 or (804) 264-5033, or by e-mail at info@VARealtor.com The VAR Legal Hotline should not replace your own legal counsel.

No questions will be answered on matters that are unrelated to real estate, real estate brokerage, or pending arbitrations.

legallines contractual or statutory right, and does not need consent from the other party. I see no reason the seller should have been able to read the buyer’s mind here, and assume (i) that the request for a release was sent in error and was really supposed to be a notice of termination, or (ii) that the EMD was supposed to go to the buyer. On the point of release vs. termination, please see my monograph on this topic at VARealtor.com. On the point of unilateral mistake, please draft carefully. There’s many a slip twixt the cup and…well, you know.

Ethical relativism

Q.

A listing agent (new construction) receives a low-ball offer that the builder counters. Before agreement is reached, the builder receives a call from another Realtor® who is involved in a mortgage company, and who tells the builder that the buyer is approved for a loan that is much higher than the offer the builder received. He tells the builder the amount of the approval.

The listing agent suspects that the other Realtor is angling to curry favor with the builder, with whom he has previously done business. The builder client is arguably helped by this knowledge, but the listing agent is not comfortable with these goings on. How might the listing agent deal with this?

“

If the firm is not willing to do something like that, it might be that they’re trading on the popularity of Merlot Manor. This might well be bait and switch.”

A. A couple of thoughts. First, after closing, someone might want to inform the buyer of the other Realtor®’s actions in revealing what might well be confidential information. Buyers can then take the appropriate action. I’m not sure whether our Code of Ethics applies across professions — that is, whether this guy’s status as a Realtor® brings him under the COE in his dealings with clients as borrowers from a mortgage company, but if it does, he might have serious liability.

Second, and perhaps more important, the listing agent should remind the builder that he believes it’s important to keep client confidences, and that someone who will breach one client’s confidences when it can profit him will likely do the same to other clients.

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Wardrobe malfunction

Q. Q.

What makes a bedroom?

Okay, scratch that.

What’s the definition of a bedroom for purposes of Realtor® advertising? Is a closet required?

A. No, a closet is not required in most codes. Imagine if there were such a requirement. Thousands of beautiful old homes would be adversely affected, because closets were not common in this country until after World War II. The first house I lived in, with my grandparents, did not have closets in the bedrooms; we used wardrobes, as many hotels do to this day. The house also did not have indoor plumbing, but that’s another story.

Thank goodness this is true. Somehow I doubt C. S. Lewis’s success with The Lion, The Witch, and the Oversized Walk-In Closet.

To the manor borne

Q.

A local builder has a model home in a certain subdivision (we’ll call it Merlot Manor), but no lots there to build on. The builder’s entry in the MLS advertises homes “to be built” and directs buyers to the model in Merlot Manor. When buyers express interest, they learn for the first time that there are no lots in Merlot Manor but that the builder can build the model for them in Cabernet Court. Another builder complains that this constitutes bait and switch and should be reported because the builder has no way to build in Merlot Manor. Are the builder and listing agent engaging in misrepresentation in listing the property this way?

A. The issue here is whether the MLS entry represents to participants that the builder can build for buyers in Merlot Manor. Is that what the MLS represents? That’s hard to say without seeing the MLS entry, but even then it might be unclear. But if that is a fair reading of the entry, the listing agent is close to or over the line.

However, before I complained, I would contact the listing firm and suggest they place a clarifying comment in the remarks that while the model to be viewed is in Merlot Manor, the homes to be built will be somewhere else. If the firm is not willing to do something like that, it might be that they’re trading on the popularity of Merlot Manor to get folks to view their model, intending all the while to lead them elsewhere. This might well be bait and switch.

Trading on my good name

Q.

One final advertising question. A well-known company does a routine search of its name on Google, and discovers another smaller firm’s Web site where the smaller firm’s owner praises the searcher’s firm by name repeatedly, perhaps www.VARealtor.com

to drive those searching that firm’s name to the smaller firm’s site. In this way the smaller firm might capture leads by using the larger firm’s name. Does the larger firm have the legal right to put an end to this practice?

A. I have now seen it all. I guess I can understand the old advertising adage that any publicity is good publicity, but praising a competitor to drive people to your Web site where you…praise your competitor?! And I’ll watch the trajectory of the argument with interest: “Make her stop saying so many nice things about us!”

Actually, I understand the point entirely, but if you had told me last week that someone would complain about good publicity and have a point, I wouldn’t have believed it.

So, what can you do? I don’t immediately see a rock-solid complaint, at least under the Code of Ethics, although the firm might shoe-horn in under SOP 12-10(3) that prohibits “deceptively using meta tags, keywords, or other devices/methods to direct, drive, or divert Internet traffic, or to otherwise mislead customers.” I think it will be fun to see whether it can be shown that favorable and accurate commentary can be a deceptive practice against

Volume 16 ● Issue 6

the public and the party praised, and if so, how many mentions it takes — or how far up the Google list of hits it must rise — before its behavior is objectionable.

Frankly, this kind of thing makes my head spin. I liked it better when the most difficult thing I had to deal with was whether my guests preferred the “insouciant, perhaps even diffident little varietal, right on the brink, a pleasant little residue, with a hint of former glories” to the “introspective, self-conscious product of the Dordogne wind, that gives us the ‘squeeze of the lemon’ bite while never lingering too long.”

Ah, for the simple times. They are my holiday wish to you. l Legal Lines is written by VAR Special Counsel Lem Marshall. Please note that answers to Legal Hotline questions are informational only. Consult your own legal counsel for legal advice. More Legal Hotline questions and answers are in the Legal Resources Center on VARealtor.com.

NOVEMBEr/DECEMBER 2009 11

formfactor

BLAKE HEGEMAN

Short sales have spilled over into virtually every corner of the state, and in some areas, sales of distressed properties now make up the majority of transactions. The increase in short sales has led to the creation and use of a wide variety of forms to help manage these complicated transactions.

Over the last several months, VAR’s Standard Forms Working Group has met to develop forms for statewide use. Recently, VAR’s Risk Management Committee and Board of Directors approved four forms proposed by the Working Group.

They’re all available, free for download, at www.VARealtor.com/ standardforms.

This issue: VAR Form 600SS: Short Sale Addendum to Residential Contract of Purchase

This form provides clear definitions and timeframes, while at the same ensuring that purchasers are aware of and agree to certain aspects of the short sale process. Rather than going through every line of this form, we have highlighted key points below: • Section 2 sets out the short sale contingency with the number of days the seller has to secure lienholder approval after ratification, and it contains termination methods if evidence of short sale approval is not secured.

• Purchasers are often unaware of the challenges that short sale transactions can create. Section 3 notifies purchasers of potential pitfalls and secures certain agreements. For example, it makes clear that the seller does not control if and when a lien holder or lender will be approve the short sale. It also notifies the purchaser that the seller and listing company are not required to modify their commission agreement in order to secure approval of the short sale.

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WWW.VAREALTOR.COM

• Section 4 provides timeframe options for home inspection and financing. The parties may choose to measure these contingencies from the date of contract ratification or the date when the seller delivers evidence of written lienholder approval of the contract to the purchaser. This section also provides a warning that delaying inspections and waiting to apply for financing until lender approval may reduce the likelihood that the contract will be approved.

• The ratification provision in Section 6 makes clear that sellers may market the property, accept other offers and submit them to lien holders after ratification.

• Section 7 allows the parties to agree on the deposit date of the earnest money deposit. ●

In January, we’ll give you the details about all four of our new statewide short sales forms, with advice on when and how to use ’em — don’t miss it!

VOLUME 16 ● ISSUE 6

NOVEMBER/DECEMBER 2009 13

accessibletech

ANDREW KANTOR

Using e-mail right Like it or not, e-mail is the most common form of electronic communication today. Chances are it’s how you connect with most of your clients, your peers, your broker, or your agents. (And chances are, if you’re going to comment about this article, you’re going to do it by e-mail.)

That’s why you ought to do it right.

Yes, Virginia, there is a right way to do e-mail. There are ways to make your messages easy on the eyes and minds of your recipients, to make your message as clear as possible, and to maintain your professional look.

Here are 11 tips to do just that. Many of you already do these things, but it’s also obvious that there are a lot of people who don’t. They may not realize how it looks on the receiving end, or they may just not think about it — or they may think, “That’s just the way it is.”

Well, it ain’t. They’re all important, and they’re all easy — and your recipients will thank you for taking the time.

subject. There’s a huge difference. Titles are meant to be catchy (“War and Peace”), subjects are meant to deliver information. Don’t mix them up.

Clean that subject. When a message is a reply, the subject gets a “Re:” added. No problem; we’ve all seen it. But if a message goes back and forth a while — or gets forwarded outside the original recipient group — some e-mail software is not smart enough to keep the subject manageable. You end up with a subject of “Re: Re: Re: Fwd: Re: Smith project.”

“

You should get in the habit of treating every message like it’s going to someone important. Because it is.”

So if you’re about to send such a message, do everyone a favor and trim the subject line. Either pare it to a single “Re:” or, better, change the subject completely. Chances are, after all those backs-and-forths, a new subject will make more sense anyway.

There is simply no place for flowers, purple text, or a script font in a professional e-mail.

Content is king Use a smart subject. The subject is the first thing people see, so make it count. Obviously it should give some idea of what the message is about, but it should also make it clear whether it’s just some information or whether there’s an action necessary.

Really Bad: Smith project Bad: Smith project cost changes Good: Need your approval for Smith project cost changes

Many, many people use those “Really Bad” subjects, maybe because they’re thinking of it as a title, not a 14 NOVEMBEr/DECEMBER 2009

Sign your messages completely. Most e-mail software lets you add a signature — your “sig” — to the bottom of your messages. If you aren’t doing that, start. And make sure that signature includes your contact information clearly labeled. (Yes, using “P:” for a phone number and “F:” for fax is cute, but why confuse the issue?)

Put that sig on all your outgoing messages, including replies. That makes it easy for someone to reach you, because they can open any message you’ve sent knowing your phone number is there.

And consider the legal angle. If the message has anything that could be perceived as advertising, you should include some important disclosures: Your name, your firm’s name, the city and state of the office you work from, and the jurisdiction(s) where you hold a license (e.g., Virginia).

Because of all that, you shouldn’t add much more.

Your signature is not the place for a huge ad for your company, or to tout the awards you’ve won. If you end up exchanging several messages, it gets tiring seeing a huge block of text repeated over and over. www.VARealtor.com

That said, it’s also a good idea to remove nested signatures. If you’re having an e-mail conversation with someone and that means your sig is appearing multiple times in a message, clean it up. Once is plenty.

Put action items and other important info at the top.

If you need something done, say so immediately, then explain the details. Even skimmers will read the first part of a message. If you bury a phrase like “…make sure to send me those papers…” somewhere below, it’s easy to miss.

If you think it’s too abrupt to start a message with “I need you to send me some documents,” add a short pleasantry, but that’s it: “Hey, John, hope you’re doing well. I need you to send me some documents….”

If your recipient wants a surprise ending, she’ll go see “The Sixth Sense.”

Use English. It’s about professionalism. Sure, if it’s an urgent message to a colleague you can forego the niceties, but you should get in the habit of treating every message like it’s going to someone important. Because it is.

Fun fact A typeface is the style of the lettering, while a font refers to that style in a particular size and weight. So Tahoma is a typeface, while “12-point Tahoma Bold” is a font. But these days few people make a distinction.

Your grammar, spelling, and style don’t have to be English-teacher perfect, but take a moment or two to at least clean it up. You know, capitalize the first letter of a sentence, use decent punctuation, check for spelling mistakes, and so on. It may be a small thing, but it cultivates the impression (hopefully accurate) that you’re thorough and that you consider your recipient important.

Which you do.

Don’t use stationery. Ever. Background images of leaves, balloons, butterflies, stripes — forget it. Forget it all. It’s distracting, it’s annoying, and it may not display properly in all your recipients’ mailboxes. There is no good use for anything other than a white background in typical business correspondence.

The obvious exception: Newsletters. If you or your company sends out an electronic newsletter, then sure, go to town. Just be sure to check the result on a variety of e-mail software (Outlook, Windows Mail, Gmail, etc.) to be sure it looks the way you intend.

Volume 16 ● Issue 6

Keep your fonts simple. Your messages should be composed in one of five typefaces: Times New Roman, Arial, Georgia, Tahoma, Verdana. Period. Those are sometimes called “core Web fonts,” and they’re guaranteed to be available to anyone you send a message to. So pick one and use it — no scripts, or slab-serifs, or other nonsense.

And under no circumstances should you ever, ever use Comic Sans if you’re over the age of eight.

Keyboard shortcuts Once you open Notepad, you’ll find that using it to clean up text can be done with a sequence of five Control keystrokes (the Ctrl key plus a letter): Ctrl-C to copy; Ctrl-V to paste it into Notepad; Ctrl-A to select it all; Ctrl-C to copy it, and Ctrl-V to paste it into your message.

On a similar note, you can use any color you want, as long as it’s black. Or blue. If you’re in the third grade, then send all the purple and green you want. Otherwise, this is business correspondence, and — unless you’re working for the Cincinnati Bengals — it’s no place for orange text.

Stick to one typeface. Your e-mail messages shouldn’t switch from one font to another, willy-nilly. You picked one (see above) and you need to stick with it. It’s less distracting, and there are only a few, very limited cases when you need to use more.

Ah, but what if you paste something into a message from a Web page, a document, or another e-mail?

Sometimes that will retain the formatting from wherever you got it.

“

Trim it down — delete the parts of old conversations that are no longer necessary, so your recipient doesn’t have to see all the flotsam.”

So clean it up; it’s simple. You just need to paste the text into Notepad first, then copy it out and paste it into your message. Notepad strips out all the formatting, so whatever you paste will look like the rest of your message and not sport a jarring change of typeface.

NOVEMBEr/DECEMBER 2009 15

accessibletech

think of it as a cooling-off period: wait to send your messages.

Reduce nested quotes. When a message goes back and forth, with each person adding a comment, the original messages end up below those comments (or in some cases, above). So you could have a one-line message (“Sounds good to me”) followed by 30 lines of previous exchanges. Messy.

So trim it down — delete any of the old conversation that is no longer necessary, so your recipient doesn’t have to see all the flotsam. Or jetsam.

This is especially useful if you’re sending to someone using a Blackberry or other PDA to receive messages.

That small screen can easily fill with nested quotes and signatures — so take ’em out.

Finally, one suggestion that’s not about the content of your mail: Don’t send immediately. Many e-mail programs give you an option to hold an outgoing message until the next time you check your mail. So if you’re set up to check every five minutes, it could be up to five minutes before your message goes out. Till then, it’s in the Outbox. This gives you a chance to make any last-minute changes — think of it as a cooling-off period. And we all need those once in a while. ●

rEAltOr®-to-rEAltOr®

to advertise in Commonwealth magazine, contact Brittany Sullivan at 410-584-1968 or var@networkmediapartners.com.

16 NOVEMBEr/DECEMBEr 2009

www.VArEAltOr.COM

Virginia home values are holding steady. In early 2008, Virginia’s median sold price was $259,969, unchanged from a year ago. While some locales are seeing sales price decline, others show healthy price growth. Overall median prices are expected to be slightly lower statewide in the first half of 2008 compared to 2007, but double digit declines statewide are unlikely*.

Fact #4

Fact #3

NAR research shows that every three new jobs created produce one homeowner. That means Virginia can expect to add 6,300 new homeowners in 2008, the result of new employment alone.

May 2008

Fact #2

Virginia is well positioned to weather the current economic cycle, thanks to its diverse economy and stable employment market. While employers cut jobs nationwide, Virginia bucks the trend and is on pace to add 19,000 jobs in 2008.

Foreclosure rates are moderate. Virginia ranks about 24th in foreclosure rates nationwide.

Fa c t s

FactS about Virginia’s Home Sales Market

Fact #1

on what’s happening and what’s next for Virginia’s real estate markets

the economy is pRimed Ten of Virginia’s 15 major employment sectors saw growth in Q2 2009. In July 2009 CNBC named the Commonwealth the Top State for Business for its economic growth, affordable cost of doing business, talented workforce and other factors. The surge in business means more competition for homes and future price appreciation.

viRginians aRe motivated

Job loss is slowing Q22009

Fact #5

Rising inteRest Rates aRe still at histoRic lows Smart, well-prepared buyers are acting now.

Interest rates are on the rise, jumping 13 percent from Q2 2008 to Q2 2009. For prepared buyers who plan to capitalize on affordable lending and today’s historic first-time homebuyer tax credit, now is the time to act.

If you wait for the market bottom, you’ll miss it. Remarkable home-buying opportunities exist in Virginia, and real estate continues to be a solid investment for buyers who aim to live in a home for at least four years. In addition, first-time buyers (who by definition don’t have a home they must sell), will find great values in today’s housing markets.

Across the nation, job losses declined 37 percent from first to second quarter 2009. And while Virginia is not immune to national trends in this tough economy, the Commonwealth has fared better than most of its neighbors posting modest losses of under three percent in comparison to 5 or more percent for other Mid-Atlantic States.

inventoRy is dRopping In June, new housing inventories fell to fewer than 10 months for the first time since February 2008. In many areas of Virginia, agents are reporting transactions involving multiple offers — a sign that smart buyers are getting off the fence.

A recent study by Myers Research showed that 91 percent of registered Virginia voters surveyed believe that buying a home is a good financial decision. While nationally consumer confidence fluctuates, if you’re selling in Virginia, there are motivated buyers looking for your listing.

haRd hit aReas aRe Rebounding

FiRst-time buyeRs and selleRs aRe beneFiting

Second quarter statistics showed Virginia areas previously hardest hit by foreclosures are experiencing serious surges in sales volume. In Northern Virginia, Fredericksburg, and Blue Ridge, sales volume jumped, and in Lexington/ Buena Vista, Williamsburg, and Southern Piedmont, median prices jumped sharply, as much as 32 percent in one locality. © Virginia Association of ReALToRS®

foreclosures

How’s it possible? Statistics show that Virginia homes sold in the second and third quarters typically sell for more.

Combine that with the new first-time home buyer tax credit mandate that participating buyers must close before November 30, and the second and third quarter become prime time for buying and selling real estate.

Have we reached the

bottom

of the housing market?

you decide.

From December 2008 to March 2009, here’s what we found across Virginia:

buyeRs aRe acting, the maRkets aRe Responding Pending sales in Virginia, a measure of homes currently under contract, are up 11.6 percent, while the statewide median sales price is almost 18 percent higher than Q4 2008.

foreclosures went down.

Yes, Virginia’s foreclosure rate is a concern — but now it’s headed down, and fast. Since December it’s dropped by 12.8 percent.

Q1 2009

Statewide, the number of homes on the market has dropped about 30 percent.

In Northern Virginia, where statewide housing trends usually begin, inventory has dropped dramatically and Realtors® are reporting multiple offers on many properties.

Inventory

prIce

Inventory dropped.

prIces went up — and so dId pendIng sales.

Get the facts cards Did you get tired of all the doom and gloom from the media about the economy? Us too — that’s why we created our Facts cards! Every quarter we delivered upbeat talking points about the real estate economy, pulled straight from the news and stylishly printed on high-quality, virtually indestructible* stock. Impress your clients — they can’t argue with the facts! www.VARealtor.com/Tools * Unless torn or crumpled

The price for a typical Virginia home rose 7.8 percent since the end of 2008, while pending home sales rose 5.6 percent.

2009

And what a year it was....

NEW

Got short sales?

This year, VAR launched three — count ’em, three!

— powerhouse resources to help our members deal with short sales.

There’s the incredibly popular Short Sales Tips card to help you remember to dot the I’s and cross the T’s in any short sale.

There’s the Short Sales Resource Center — a one-stop Web site (www.VARealtor.com/shortsales) that connects you to all the latest information for you and your clients! And this year we sent Special Counsel Lem Marshall on a special mission: Giving 16 seminars across the state on the perils and pitfalls of short sales and how to avoid them. Talk about personal service! www.VARealtor.com/shortsales

You can WATCH this story online at www.VARealtor.com/VARonVideo.

In 2009, VAR launched a new addition to our toolbox for engaging members: a Member Outreach Team. These folks reached out and “touched” more than 10,000 Realtors® at brokerages and local associations with free seminars and advice. Just another way we’re helping everyone get the most for their dues dollars! www.VARealtor.com/outreach

Day on the Hill This year, more than 400 Realtors® converged on Capitol Square for our exclusive Realtor® Day on the Hill! They got to meet with their legislators face-to-face, and let ’em know what’s important to Realtors® and homeowners. And 650 Realtors® attended our Legislative & Education Conference, making it one of the most successful ever!

The Virginia Homeowners Alliance In 2009 we launched the Virginia Homeowners Alliance — a great reason to get in touch with clients, and a great way to engage homeowners to join us in protecting property values. With the Alliance, we’ve upped our power on Capitol Square in a big way. (And some members took home some great prizes, too.) www.VARealtor.com/VHA

Law & Policy This year, like every year, our Law & Policy team worked with lawmakers to pass laws that helped our members — and defeat the bills that were bad for real estate. Your dues dollars bought Realtors® a seat at the policy-making table, and eight of our nine bills passed — w00t!

What kinds of bills? They covered everything from allowing alternative septic systems to making vehicle removal easier for property managers and towing companies. They ensured grantor taxes remained fair and protected vested rights. And more!

Your dues dollars bought Realtors® a seat at the policymaking table!

www.VARealtor.com/LegislativeAffairs

Client Direct Thousands of Realtors® in Virginia have discovered the power of Client Direct — the free, easy, and personalized way to send useful news to your clients.

No more wasting time clipping newspaper articles or struggling to come up with interesting things to say!

Just upload your mailing list, choose the content (or write your own), and your e-newsletter goes to your clients and customers every month, keeping you top-of-mind when it comes to your next listing! www.VARealtor.com/ClientDirect

Member service partners Only a chump pays full price for cell service.

With VAR, you save on both phones and calling plans from major vendors such as AT&T, T-Mobile, and Verizon Wireless. Plus we have discounts on everything from health insurance to Web hosting to shipping to credit cards.

Membership has its privileges! www.VARealtor.com/discounts

20 NOVEMBER/DECEMBER 2009

WWW.VAREALTOR.COM

Need legal advice?

Dust Bunnies Must Die (p. 12) • new Brokers, Listen up (p. 20) July/August 2009

A journal for real estate professionals published by the Virginia Association of REALTORS® • www.VARealtor.com

Legal help You could pay hundreds of dollars an hour for your own real estate lawyer, but why? Our new Legal Resources Center puts dozens of articles about real estate law at your fingertips. And they’re not just any articles — these are written by our crack team of attorneys: Lem Marshall and Blake Hegeman, and they’re based on the calls you make to the Hotline!

What Hotline, you ask? The Legal Hotline, of course!

If you’re a broker, you can call during business hours for a free consultation with Lem or Blake. Better hurry — this year we’ve taken more than 2,100 calls — that’s more than 10 a day! Don’t miss the boat! www.VARealtor.com/LegalHotline

to ent lem upp AS

Commonwealth, Commonwealth Online, and VARbuzz With all the new products we launched this year, we didn’t forget the basics. We still keep you updated with the latest real estate market information through our award-winning publications: Commonwealth, Commonwealth Online, and VARbuzz! VARbuzz.com

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Speaking of the legal thing...

Did you catch our Brokers Supplement with the May issue of Commonwealth?

It’s got the 25 most-asked questions from our Legal Hotline — and the answers. Whether you’re a Realtor® or a broker, you need to read this thing and keep a copy by your bedside (or at least your desk). Download yours today! Right now! Go! www.VARealtor.com/legalresources

NOVEMBER/DECEMBER 2009 21

Outg Pow oing 200 ell g ives 9 Presid e his f arew nt John ell s peec h.

VAR’s 20 More th 09 Convent ion & an 500 Expo Realtor pros at s tended a n d othe VAR’s a at The nnual C r real estate Homes tead onv CE cred it, netw . They picke ention & Exp d o o reconn ected w rked with som up dozens of hours o it e of the genera f lly spen h old friends, b e s t i n inaugu t the da the bus busine r a ys gett i sse ing fres ted our new p ness, and the s. Oh, and th h r e p s ey had beautif time to erspectives a ident, and ul Virgi nd fres enjoy g nia mo h ood foo untains d, grea ideas for their ! t entert ainmen t,

22 NOVEMBER/DECEMBER 2009

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From the inauguration of the 2010 leadership team, to the award for REALTOR® of the Year, to two packed keynotes, the Convention was more than just classroom time.

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NOVEMBER/DECEMBER 2009 25

one was egular d l e —r ringfi of Sp speakers tional r r a ority duca ise. ony C Anth Real Auth esented e eir expert r h of the rsŽ who p opics of t t o Realt ns on the o sessi

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s nds i e i r f h g wit erks. n i t c e p Conn the best f one o

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VOLUME 16 ● ISSUE 6

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NOVEMBER/DECEMBER 2009 27

Congratulations… ell

Bob McDonn

…to RPAC, for helping Bob McDonnell and Bill Bolling win their races for governor and lieutenant governor on November 3. Both candidates touted the support of Virginia’s 33,000+ Realtors® in their campaigns, and RPAC is proud to have supported them on behalf of Virginia’s Realtors® and property owners.

Bill Bollin

g ...and to the 79 RPAC-endorsed candidates who won seats in the House of Delegates — see all their names and why we supported them at RealtorsChoose.com. ●

2009 VAR Affiliate Members 24 Karat Gold Affiliates

MetAmerica Mortgage Bankers

AppFolio, Inc. Phone: (805) 617-2161 www.Appfolio.com

Phone: (757) 498-4488 www.Metamerica.com

18 Karat Gold Affiliates

VHDA Phone: (800) 227-8432 www.VHDA.com 14 Karat Gold Affiliates

2-10 Home Buyers Warranty of VA Phone: (757) 472-3461 www.2-10.com

28

First American Home Buyers Protection Phone: (800) 444-9030 www.HomeWarranty.FirstAm.com 10 Karat Gold Affiliates Dabney Properties Corporate Housing Phone: (804) 716-9627 www.dabneyproperties.com Interstate Worldwide Relocation Phone: (800) 745-6683 ext. 3273 www.InterstateWorldwide.com

JES Construction, Inc. Phone: (757) 558-9909 www.JESwork.com

Pollard Environmental Phone: (757) 873-9777 www.PollardEnvironmental.com

MBH Settlement Group www.MBH.com

Priority Corporate Housing Phone: (804) 648-4663 www.PriorityCH.com

Northern Virginia Real Estate Times Phone: (703) 269-0599 www.NorthernVirginiaRealEstateTimes.com Old Republic Home Protection Co. Inc. Phone: (800) 282-7131 x. 1296 www.ORHP.com Pearl Insurance Phone: (800) 455-1154 www.PearlInsurance.com

Prudential Financial Planning Phone: (804) 564-3745 Seal-Tite Basement Waterproofing Co. Phone: (800) 772-0704 www.SealTiteBasement.com Union Mortgage Group Phone: (703) 621-7853 www.Union-Mtg.com

Support the companies who support your business...contact a VAR affiliate member first for your business needs!

WWW.VAREALTOR.COM

50 Virginians chosen for NAR committees HAVING VIRGINIA REPRESENTED at NAR means we’re able to participate in its policy-making process. Eight Virginians were appointed to serve as chairs and vice-chairs of NAR committees in 2010, and 42 more will serve as committee members.

2010 chairs and vice-chairs: Kemper Funkhouser, Harrisonburg ; Vice Chairman, Professional Standards Forum Rebecca Grossman, Virginia Peninsula ; Vice Chairman, AE Institute Kit Hale, Roanoke ; Chairman; Issues Mobilization Committee Dave Phillips, Charlottesville ; Chairman, Association Executives Committee Daniel Rothamel, Charlottesville ; Chairman, Business Technology & Information Systems Forum Mack Strickland, Chester ; Chairman, Appraisal Committee Trish Szego, Reston ; Vice Chairman, Mega-Board Subforum Jack Torza, Richmond ; Vice Chairman, Member Policy & Board Jurisdiction Committee

2010 committee members: Deborah Baisden, Virginia Beach ; Membership Policy and Board Jurisdiction Mary Bayat, Alexandria ; Equal Opportunity –Cultural Diversity Brad Boland, Reston ; Conventional Finance and Lending, Public Policy Coordinating Candice Bower, Purcellville ; Risk Management Bill Burress III, Commercial Real Estate Research Subcommittee George Creed, Vienna ; Land Use Property Rights and Environment Dennis Cronk, Roanoke ; International Operations John Daly, Hampton ; Business Issues Bitsy Davis, Moneta ; Resort and Second Home Real Estate Susan Dewey, Richmond ; Housing Opportunity Advisory Board John Dickinson, Roanoke ; Legal Action Angela Dougherty, Alexandria ; Issues Mobilization VOLUME 16 ● ISSUE 6

Mary Dykstra, Roanoke ; Communications George Eastment III, Chantilly ; Real Estate Services Advisory Board Anne Gardner, Fairfax ; AEC-RCE Certification Board Dorcas Helfant-Browning, Virginia Beach ; RPAC Trustees Steve Hoover, Roanoke ; Distinguished Service Award, Professional Standards Tom Innes, Richmond ; Multiple Listing Issues and Policies Margaret Ireland, Gainesville ; Conventional Finance and Lending Tom Jefferson III, Richmond ; Strategic Investments Reserve Advisory Board Jo Anne Johnson, Falls Church ; International Operations Liz Kistler, Harrisonburg ; Communications David Lauster, International Operations Ben Martin, Glen Allen ; AEC AE Institute Advisory Board George Massie IV, Richmond ; Land Use Property Rights and Environment Susan Mekenney, Alexandria ; Risk Management Percy Montague IV, Charlottesville ; Research, Commercial Real Estate Research Subcommittee Jeanette Newton, Leesburg ; Membership Policy and Board Jurisdiction Ann Palmateer, Chesapeake ; REALTORS® Political Involvement Tracy Pless, Reston ; State and Local Issues John Powell, Colonial Heights ; State and Local Issues, Multiple Listing Issues and Policies Jane Quill, Fairfax ; REALTORS® Commercial Alliance Dewey Reynolds, Richmond ; Housing Opportunity Alice Royster, Virginia Beach ; Federal Housing Policy Henry Scholz, Roanoke ; REALTORS® Commercial Alliance Karen Smith, Centreville ; Multiple Listing Issues and Policies Patricia Snyder, Mt. Jackson ; Resort and Second Home Real Estate Cindy Stackhouse, Dumfries ; Professional Standards Thomas Stevens, Vienna ; Nominating Patricia Sury, Charlottesville ; Federal Taxation Melanie Thompson, Fredericksburg ; Multiple Listing Issues and Policies Christine Todd, Fairfax ; Finance ● NOVEMBER/DECEMBER 2009 29

2010 legislative agenda

THE VAR BOARD of Directors approved the 2010 legislative agenda, and it includes working for legislation that affects VAR members across the board.

So whether you’re a commercial or residential Realtor®, a property manager or appraiser, we’ve got something on our plate that will be good for your business.

Some of the things we’ll be working with legislators on:  More reasonable standards for when Realtors® need to call Miss Utility to install temporary signs Regulation for appraisal management companies to ensure fair and accurate valuations

30 NOVEMBER/DECEMBER 2009

A statewide standard for real estate signs, so what’s kosher in one region is also kosher in another Creating even better housing-stimulus packages to encourage buyers to enter the market Easier and less costly refinancing options for homeowners Reciprocity laws that protect you and your clients The General Assembly won’t be in session until January, but our legislative affairs team is already working on these and other issues to protect Realtors®, our clients, and the industry. ●

WWW.VAREALTOR.COM

rpacreport

GOLDEN R INVESTORS ($5,000)

As of September 30, 2009 the following REALTORS® and local associations have joined RPAC of Virginia as Major Investors. For more information on the value of RPAC and how your investment works to protect your business, contact Meredith Cox at mcox@VARealtor.com or (804) 264-5033. Or, if you want to get invested today, please visit rpacofva.com. * Hall of Famers have contributed a cumulative amount of at least $25,000 to RPAC.

Thomas Jefferson, III* Joyner Fine Properties Richmond

John McEnearney McEnearney Associates, Inc. Alexandria

GOLDEN R ASSOCIATION ($5,000) Dulles Area Association of REALTORS®, Leesburg Fredericksburg Area Association of REALTORS®, Fredericksburg Northern Virginia Association of REALTORS®, Fairfax Richmond Association of REALTORS®, Richmond Roanoke Valley Association of REALTORS®, Roanoke Williamsburg Area Association of REALTORS®, Williamsburg 32 NOVEMBEr/DECEMBER 2009

Linda Belcher-Brown Coldwell Banker Residential Manassas

John Dickinson Hall Associates Inc. Union Hall

Stanley Palivoda Century 21 Battlefield – Tappahannock Dahlgren

Charles Burnette Burnette Real Estate Sales Blacksburg

William Chorey Chorey & Associates Realty Suffolk Dedicated in the memory of Peggy B. Byrd

Joseph Funkhouser, II Dorcas Helfant-Browning Coldwell Banker Coldwell Banker Funkhouser Professional Harrisonburg Virginia Beach

Tom Stevens* Coldwell Banker Residential Vienna

Dennis Cronk Poe & Cronk Real Estate Group Roanoke

Steve Hoover MKB, REALTORS® Roanoke

Melanie Thompson Century 21 AdVenture Realty Fredericksburg

Jack Torza Long & Foster REALTORS® Mechanicsville

Todd Rogers Hometown Realty Mechanicsville

Dee Spraker Keller Williams Realty Manassas

CRYSTAL R INVESTORS ($2,500-$4,999)

Angela Dougherty William E. Wood & Associates Williamsburg

Mike Minnery RE/MAX Allegiance Woodbridge

www.VARealtor.com

StErlING r INVEStOrS ($1,000–$2,499)

Bob Adamson McEnearney Associates, Inc. McLean

Julia Avent RE/MAX Allegiance Arlington

S. Scott Avery Avery Hess, Realtors® Dunn Loring

Wayne Babb RE/MAX Allegiance Alexandria

Deborah Baisden Prudential Towne Realty Virginia Beach

Jerry Bartlett Jobin Realty Alexandria

Bob Barton Barton Real Estate Services Richmond

Mary Ann Bendinelli Weichert Realtors® Manassas

Charles Bengel RE/MAX Allegiance Alexandria

Laura Benjamin Roanoke Valley Association of REALTORS® Roanoke

Pat Billheimer Long & Foster Real Estate, Inc. Sterling

Bob Blount RE/MAX Allegiance Virginia Beach

Karen Bohlke Enriquez RE/MAX Select Hampton

Brad Boland Jobin Realty Reston

Michael Bosley RE/MAX Allegiance Alexandria

Candice Bower McEnearney Associates McLean

Kevin Breen Coldwell Banker Elite Fredericksburg

R. Scott Brunner Virginia Association of REALTORS® Glen Allen

David Charron MRIS Rockville, MD

Billy Coons Realty Executives Virginia Beach

Callie Dalton Long & Foster REALTORS® Roanoke

Benton Downer Downer & Associates Charlottesville

Mary Dykstra RE/MAX Valley Realtors® Roanoke

Angela Eliopoulos Long & Foster Real Estate, Inc. Washington, DC

Sandee Ferebee Prudential Towne Realty Virginia Beach

Claire Forcier-Rowe Coldwell Banker Elite Fredericksburg

Karen Gaskins Rose & Womble Realty Chesapeake

Libby Gatewood Legacy Properties Colonial Heights

Bill Gearhart Coldwell Banker Townside Roanoke

Charlee Gowin Prudential Towne Realty Virginia Beach

VOluME 16 ● ISSuE 6

NOVEMBEr/DECEMBEr 2009 33

rpacreport STERLING R INVESTORS ($1,000–$2,499)

Lynn Grimsley RE/MAX Peninsula Newport News

Kit Hale MKB, Realtors® Roanoke

Margaret Handley M.C. Handley, Ltd. McLean

Jeanne Hockaday Virginia Country Real Estate Ordinary

Steven Hill Century 21 Real Estate Unlimited Harrisonburg

Tom Innes RE/MAX Commonwealth Richmond

Donn Irby Rose & Womble Realty Chesapeake

Betty Jasmund Coldwell Banker Elite Stafford

Pat Jensen Real Estate III - North Charlottesville

Jo Anne Johnson Westgate Realty Group, Inc. Falls Church

Lilian Jorgenson Long & Foster Real Estate McLean

Sita Kapur Arlington Premier Realty, LLC Arlington

Betty Kingery Lake Realty Rocky Mount

Patricia Kline Avery Hess Realtors® Springfield

Vonda Lacey Lacey Real Estate Group Fishersville

Luis Lama Long & Foster Real Estate Falls Church

Barbara Jean LeFon Rivah Realty Montross

Richard Limroth RE/MAX Valley REALTORS® Roanoke

Scott MacDonald RE/MAX Gateway Chantilly

Andy Mason Weichert Mason-Davis Company, Inc. Onancock

Shane McCullar Keller Williams Realty Alexandria

Kayvan Mehrbaksh Sperry Van Ness Vienna

Susan Mekenney Re/Max Allegiance Fairfax

Dee Meredith Coldwell Banker Forehand & Co. Lynchburg

34 NOVEMBEr/DECEMBER 2009

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STERLING R INVESTORS ($1,000–$2,499)

STERLING R ASSOCIATION ($1,000–$2,499)

Tom Meyer Condo 1, Inc. Falls Church

Percy Montague Montague, Miller & Company Charlottesville

Vinh Nguyen Westgate Realty Group, Inc. Falls Church

Charlottesville Area Association of REALTORS®, Charlottesville Greater Augusta Association of REALTORS®, Staunton Greater Piedmont Association, Warrenton Harrisonburg-Rockingham Association of REALTORS®, Harrisonburg Lynchburg Association of REALTORS®, Lynchburg New River Valley Association of REALTORS®, Christiansburg Virginia Peninsula Association of REALTORS®, Hampton

Lee Odems Buyer’s Advantage Real Estate Woodbridge

Forrest Odend’hal Long & Foster Real Estate Manassas

Susan Oh New Star Realty & Investment Fairfax

Ann Palmateer Prudential Towne Realty Chesapeake

Gwen Pangle Long & Foster Real Estate, Inc. Sterling

Gail Penman Century 21 New Millennium Stafford

Tracy Pless Long & Foster Real Estate Reston

John Powell Long & Foster Real Estate, Inc. Colonial Heights

Jane Quill Re/Max Presidential Fairfax

Anne Rector Long & Foster Real Estate Alexandria

Peter Rickert Coldwell Banker Residential Brokerage Alexandria

Zinta Rodgers-Rickert Re/Max Allegiance Fairfax

Henry Scholz Hall Associates Inc. Roanoke

Trudy Severa Long & Foster Real Estate Reston

Jean Siebert Siebert Realty Virginia Beach

Kimber Smith Prudential Towne Realty Williamsburg

Susan Spellman Long & Foster REALTORS® Williamsburg

Cindy Stackhouse Century 21 Stackhouse & Associates Dumfries

Volume 16 ● Issue 6

NOVEMBEr/DECEMBER 2009 35

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Wes Stearns MO Wilson Properties, Inc. Woodbridge

Christine Todd Northern Virginia Association of Realtors® Fairfax

William A. White Joyner Fine Properties Richmond

Suzy Stone Century 21 AdVenture Realty Fredericksburg

Kevin Turner Century 21 All Service Bedford

Barbara Wolcott Prudential Towne Realty Virginia Beach

Mack Strickland Strickland Realty Chester

Crystal Sullivan RE/MAX Peninsula Newport News

Trish Szego ERA - Elite Group Realtors® Haymarket

Richard “Dick” Thurmond William E. Wood & Associates Virginia Beach

Sandra Wagner William E. Wood & Associates Poquoson

Todd Wampler Wampler Realty, Inc. Daleville

Clifford Wells Century 21 Nachman Realty Norfolk

Mary Ann White Tetterton & Associates Prince George

Contributions are not deductible for income tax purposes. Contributions to RPAC are voluntary and are used for political purposes. The amount suggested is merely a guideline and you may contribute more or less than the suggested amount. You may refuse to contribute without reprisal and the National Association of REALTORS® or any of its state associations or local boards will not favor or disfavor any member because of the amount contributed. 70% of each contribution is used by your state PAC to support state and local political candidates. Until your state PAC reaches its RPAC goal 30% is sent to National RPAC to support federal candidates and is charged against your limits.

When you’re good to RPAC...

RPAC’s good to you Get invested today at www.RPACofVirginia.com 36 NOVEMBEr/DECEMBEr 2009

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varbuzzcontest HERE’S YOUR CHANCE to win a cool HD video camera just for reading this magazine and VARbuzz, our official blog and ‘water cooler.’

It works like this: Answer the questions below by reading this issue of Commonwealth. On December 10, go to www.VARbuzz.com. There you’ll read simple instructions (e.g., “Take the first letter of each word to spell out the answer” or “What’s the opposite of answer #3?”). That will give you the final answer and instructions for sending it in.

We’ll all the correct entries received by the cutoff date — it will be clear on VARbuzz — and draw one randomly. That winner gets a Flip Mino HD video camera. Simple, huh? And we’ll even have it to you before Christmas or the end of Chanukah.

Notes: This contest is only open to current members of the Virginia Association of Realtors®. Contest winners must skip two issues before they’re eligible to win again.

All decisions about correct answers rest with VAR staff, and are final. Bribes are accepted but not acted upon.

This issue’s questions: 1. How many e-mail tips are given in Accessible Tech?

2. What is the minimum amount (in dollars) Callie Dalton of Roanoke has contributed to RPAC in 2009?

3. How old is Scott Brunner’s daughter?

4. What is this magazine’s U.S. Postal Service permit number?

5. In how many years does Moody’s and Fiserv predict Virginia’s home prices will return to their 2005-2006 peak?

Remember: Hang onto this form until December 10, when you’ll get your final instructions at www.VARbuzz.com and can fill in the final answer! ●

Virginia Association of REALTORS® Annual Audit Statement Goodman & Company presented the findings of their independent audit of the financial statements of Virginia Association of REALTORS® for 2008 to the VAR Board of Directors at the August 20 Board meeting.

In Goodman & Company’s opinion, the financial statements present fairly in all material aspects, and conform to generally accepted accounting principles.

For a copy of the audited VAR Statement of Financial Position as of December 31, 2008, please e-mail Rick Lugg, vice-president of finance and administration at Rick@VARealtor.com.

38 NOVEMBER/DECEMBER 2009

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We’re online at www.VARealtor.com Our official blog is VARbuzz, at www.VARbuzz.com If you have questions, we’re ready to help. During normal business days, we’re available from 9:30 a.m. to 3:45 p.m.

Our phone number is

(804) 264 -5033 For membership and dues questions Ask for Kim Martin, Membership Records Manager kim@varealtor.com

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To reach our Legal Resources Center (formerly the Legal Hotline) Call (800) 755-8271* * You must register first at www.VARealtor.com — click Member Services

If you’d like to have someone speak at your association or brokerage

To find out about conferences, seminars, and professional education

Ask for Lisa Noon, Vice President of Member Outreach lisa@varealtor.com

Ask for Glenda Puryear, Conferences Specialist or Lili Paulk, Director of Education glenda or lili @varealtor.com

If you need to know about professional designations Ask for Lynne Wherry, Specialties and Chapter Manager lynne@varealtor.com

If you have comments or questions about Commonwealth or our Web sites Ask for Andrew Kantor, Editor & Information Manager andrew@varealtor.com

(804) 249-5712 scott@varealtor.com Volume 16 ● Issue 6

Ask for Meredith Cox, Director of Political Communications meredith@varealtor.com VAR 2010 Leadership Team

Cindy Stackhouse, GRI President Century 21 Stackhouse and Associates Prince William (703) 580-0880 c21cindys@aol.com

VAR Member Service Partners

Advanced Access Internet Marketing & Website Development Bank of America, WorldPoints Credit Card DNCSolution, Do-Not-Call Solutions Security Code SC1795VR Liberty Mutual Home, Auto & Renters Insurance LLE Language Services Telephone Interpretation & Document Translation Promotion Code VARM08 Outstaffing, Staffing & Payroll Pearl Insurance E&O, Medical, Life, Dental Insurance TASC/BizPlan Medical Expense Tax Benefits T-Mobile, Wireless Service

Our CEO is Scott Brunner

For information about RPAC

VAR Wireless Center Wireless Plans & Hardware Zipform, Electronic Forms Solutions

John Dickinson, CCIM, GRI President-Elect Hall Associates, Inc., Roanoke (540) 982-0011 jrdickinson@cs.com Trish Szego, CRB, CRS Vice President ERA-Elite Group, Haymarket (703) 359-7800 trishelite@aol.com John Daly Treasurer Prudential Towne Realty, Virginia Beach (757) 826-1930 jdaly@prudentialtownerealty.com John Powell, GRI, ABR, CRB, CRS Immediate Past President Long and Foster Real Estate, Colonial Heights (804) 520-5600 john.powell@longandfoster.com R. Scott Brunner, CAE Chief Executive Officer (804) 264-5033 scott@varealtor.com

NOVEMBEr/DECEMBER 2009 39

lastword

SCOTT BRUNNER

The gift

In teaching (and most other things, too), passion matters I’ve never met Ms. Hach, though she was pointed out to me once at a local Mexican restaurant. My cynical 13-year-old daughter was doing the pointing.

“Why, Claire, she doesn’t look like a slave driver to me,” I admonished, wondering if the perky, petite blonde in a far booth could possibly be the supposed histrionic history teacher my daughter had described.

“She made us listen to folks songs, Dad. I mean, like, folk songs.”

“And your point is…?”

“You know, like they sang in the Great Depression. Hoovervilles and all that.”

“Ah,” I said, caring not to point out the irony of Claire’s faux disdain for this woman to whom she’d obviously listened at least long enough to learn the definition of Hooverville.

(If the child mentioned Woody Guthrie by name, I was prepared to be floored.)

“She’s a history fanatic,” Claire moaned.

It was true that the woman was passionate. We knew this from her frequent e-mail updates, advising us parents on what our young’uns were doing in class: “As we explore the Cold War, we’ll gain a little insight from Dr.

40 NOVEMBEr/DECEMBER 2009

Seuss! We will be reading The Butter Battle Book and comparing the Yooks and the Zooks to the Soviet Union and the United States! (Feel free to ask them all about this on Wednesday afternoon.) Also, students will be introduced to the importance of “duck and cover,” take a panic test (to see how they would respond in an emergency situation...like the possibility of nuclear war), and participate in ExCom (part of President Kennedy’s advising team for the Cuban Missile Crisis).”

Or: “This week we’ll be comparing President Obama’s economic stimulus legislation with what was accomplished in the Roosevelt administration!”

Or: “I showed students some headlines from New York newspapers dating from 1929. Then they created a timeline in order to track the way Americans felt as they realized their once-comfortable nest egg was about to leave them without a safety net!”

It seemed Ms. Hach wanted her students to experience history, not merely hear it, presuming that what we experience, we’re more inclined to understand (and retain). Impressive.

In my day, history was history and English was English and math and science were tedious at best and never the quartet would meet.

Now here was my daughter not only learning about the Harlem Renaissance in history class, but reading the poets Countee Cullen and Langston Hughes: “Clean the spittoon, boy,” and “Life for me ain’t been no crystal stair.”

Later, studying the 1960s, Ms. Hach read to them excerpts from Tim O’Brien’s magnificent Vietnam story collection, The Things They Carried, and then assigned students to write personal essays about the things they carry.

My daughter wrote, “Everyone carries certain objects, traits, memories, however miscellaneous. I like to think that the things I carry, tangible or abstract, reflect who I am and where I’m headed.”

And I thought to myself, it’s a gifted teacher who not only can breed introspection in a 13 year old, but can give history a kind of currency and relevance it deserves but seldom gets in our popular culture.

Amid all the debate in this country over school funding and SOLs and performance-based compensation, I don’t hear anyone talking about nurturing the gift of excellence — about how to elevate those who are not just competent, but passionate and caring and inspiring in often thankless jobs.

Like teaching.

I suspect those gifts – passion, inspiration, the sincerity to deploy exclamation points without irony – can’t be exactly defined, much less taught. Excellence, like pornography, is something you know when you see it. In Ms. Hach, I’ve seen that excellence, and my child and I are in her debt. l Scott Brunner is VAR’s chief executive officer. E-mail him at Scott@ VARealtor.com.

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