2016 Commonweath Magazine July

VARealtor.com

Commonwealth The magazine for Virginia’s real estate professionals

JULY 2016

2016 Legislation: What REALTORS® Need to Know

Roadmap to

NEW LAWS

1

5 Signed by the Governor

VAR Legislative Agenda

3 2

4

General Assembly

Bill Passes through Both Houses REALTOR® Friendly Legislators

INSIDE 2016 New Laws 20 Website ADA Requirements 15

Your new buyer’s best shot.

• • • •

Here are four ways VHDA can help make homebuying a slam dunk for first-timers: Down Payment Assistance Grants: vhda.com/downpayment Mortgage Credit Certificates (tax credit for first-time buyers): vhda.com/MCC Free First-time Homebuyer Class (online or in person): vhda.com/FreeClass VHDA-approved Lender Locator: vhda.com/FindALender Virginia Housing Development Authority | 877-VHDA-123

President’s Message

William A. “Bill” White Jr. 2016 President Virginia Association of REALTORS®

Virginia REALTORS® continue to build professional relationships with area legislators and advocate on behalf of the real estate industry. Creating awareness and an opportunity for open dialogue is essential for a successful legislative process. REALTORS® are helping to make sure that our voices are heard.

Each year the VAR Public Policy Committee (PPC) embarks on the long process to review, discuss and recommend legislative priorities for the next Virginia General Assembly session.

The process begins with ideas being submitted by local associations and individual REALTORS®. Those ideas are researched and vetted by the PPC and VAR staff. Finally the recommendations are reviewed and ultimately approved by the VAR Board of Directors.

During the Day on the Hill event, REALTORS® had the opportunity to sit down with local legislators and let them know where VAR stands on bills that have an impact on our businesses and on our fellow Virginians, homeowners who value their property rights and their investments.

More than 2,000 bills were introduced during the 2016 General Assembly session in the House and Senate. Of those, about one-third of

those bills ultimately passed both houses and were signed into law.

Through the powerful lobbying of our association, and through your advocacy, each of these measures was passed by the General Assembly and was signed by Governor Terry McAuliffe and enacted into law.

• House Bill 567 - Agency & Licensing Revisions • House Bill 741 & Senate Bill 453 – Home Inspector Licensing • House Bill 684 - Common Interest Community (POA; COA) So, enjoy this issue of Commonwealth and the successes – your successes – that it spotlights. Thank you for uniting to make the Virginia Association of REALTORS® a leader in business advocacy.

Warm regards,

Bill White 2016 VAR President

Summer 2016 | Commonwealth

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volume 23 /issue 1

20

ONLINE

IN PERSON

7

DOCUMENT

6

VIDEO

8

Website ADA Requirements Does Your Website Meet ADA Requirements? page 15

2016 New Laws VAR Initiated Bills page 20

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QUICK HITS 6 REALTOR® University Graduates 8 In Memoriam: Jane Wallace 8 Celebrating the Partnership of Homes for Troops 9 Highlights - 2016 NAR Member Profile

RISK MANAGEMENT 10 Legal Lines 12 Life Lessons

IN EVERY ISSUE 1 27 34 36

2 Commonwealth | Summer 2016

President’s Message RPAC Report Profiles Contact VAR

AUDIO

PHOTOS

TOOL

PHONE

The EXIT

A career in real estate provides a fabulous financial opportunity! What a tremendous vocation for sales oriented individuals who understand the value of servicing the customer.

Few professions allow for such personal freedom with unlimited earnings potential.

However, we can never lose sight that real estate is a cyclical business with highs and lows. The time to position yourself for future success is right now! Having an advantage in this business is imperative. And there are only three ways to do this.

They are: more effective training, marketing practices to set yourself apart from your competition, and new cash flow streams to give you financial leverage.

Most agents who have been in the business for any length of time would agree that if they had a coach, or a better coach, they would be doing better business.

The truth is that the nuts and bolts of selling and salesmanship aren’t the mandate or the responsibility of the real estate boards. So who should be responsible? The greatest vested interest in real estate brokerage is with the owner. This individual has the most to gain, and lose. Untrained agents not only hurt the productivity and viability of the brokerage operation, they are also most in personal jeopardy when there are negative shifts in market conditions.

The multiple award winning EXIT business model improves the lives

of REALTORS®! Innovative training programs that come directly to your office, taught by top producers, provide the necessary skills and sales professionalism to take you to the next level in your career.

And, backed by leading edge technology, EXIT has put the agent in the driver’s seat to create a career as big as they can see it.

EXIT demonstrates how agents can effectively market themselves, setting themselves apart from the competition under any market conditions. And EXIT’s hallmark training is focused on the value of the relationship with the customer to drive future business. EXIT’s integrated training and systems are designed to allow agents to create a presence for themselves even with minimal financial investment.

And, a first and only one of its kind in the industry, single-level residuals provide funding for training and marketing as well as retirement and beneficiary benefits for agents in a business that has traditionally never given consideration to the family and lifestyle of REALTORS®. In any market, EXIT Realty’s effective training programs make the difference between surviving and thriving in your real estate career.

IN A COMMISSION BASED BUSINESS CAN YOU REALLY LEAVE YOUR CAREER TO CHANCE? COME IN CLOSER AND LEARN FOR YOURSELF WHAT EXIT REALTY CAN DO FOR YOU!

PRIME FRANCHISE TERRITORIES AVAILABLE Call Nancy & Tom Shaver EXIT Realty Virginia Team 800-906-3948 804-387-4758 www.EXITVA.com w w w. e x i t v i r g i n i a . c o m info@EXITVA.com

What’s Online Commonwealth SOCIAL

PUBLISHED BY THE VIRGINIA ASSOCIATION OF REALTORS®

VAR wants to keep you in the loop wherever you might be. Check out all the places where you can find VAR products, services, and information designed to keep you updated with the Virginia real estate market.

FACEBOOK facebook.com/VARbuzz Open to all members; just click the “like” button to start receiving updates.

LINKEDIN linkedin.com/groups/Virginia-Association-REALTORS-31801 Exclusively for VAR members to have discussions and trade referrals.

The Business Advocate for Virginia Real Estate Professionals Virginia Association of REALTORS® 10231 Telegraph Road Glen Allen, VA 23059

General Office Hours: 8:30 am - 5:00 pm Tel. (804) 264-5033 Fax (804) 262-0497 E-mail members@VARealtor.com For advertising information, call Melanie Roberts, Director of Sales, melanie@varealtor.com or (804) 622-7949.

TWITTER twitter.com/VARbuzz The latest info in a convenient snack size.

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 quarterly by the Virginia Association of REALTORS®, 10231 Telegraph Road, Glen Allen, VA 230594578; (804) 264-5033. Virginia Association of REALTORS® members pay annual dues with a one-year subscription included within their dues. Periodicals postage paid at the Glen Allen, VA post office and additional mailing offices.

USPS Per. # 9604.

COMMONWEALTH DAILY

Postmaster: Send address changes to: Commonwealth magazine, 10231 Telegraph Rd., Glen Allen, VA 23059-4578 Custom Design Services provided by John Romeo & Associates Commonwealth magazine by the Virginia Association of REALTORS® is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Commonwealth Daily is our electronic newsletter with news, tools, events, and more.

Look for it in your inbox!

COMMONWEALTH APP VARealtor.com

Commonwealth The magazine for Virginia’s real estate professionals

JULY 2016

2016 Legislation: What REALTORS® Need to Know

Roadmap to

NEW LAWS

1

5 Signed by the Governor

VAR Legislative Agenda

3 2

4

General Assembly

Bill Passes through Both Houses REALTOR® Friendly Legislators

GET THE APP INSIDE 2016 New Laws 20 Website ADA Requirements 15

4 Commonwealth | Summer 2016

Get Commonwealth on your Android, iPad, or Kindle tablet at VARealtor.com/ Commonwealth

www.hfotusa.org

Special thanks to the Virginia Association of REALTORS® for your continued support of our mission.

Help us build specially adapted homes for America’s most severely injured Veterans. https://www.myhfotusa.org/VirginiaREALTORS

A Top-Rated Veterans & Military Charity

Quick Hits GO ONLINE

Learn more about REALTOR® University online at realtoru.edu /MREgraduates

Congratulations to our two REALTOR® University Graduates!

By Carley Dobson, Marketing Communications Specialist On May 13, 2016, REALTOR® University held a commencement ceremony for its third graduating class. All 12 graduates are either residential and commercial real estate professionals or staff of REALTOR® associations.

Two of the graduates are members of the Virginia Association REALTORS® (VAR).

The Master of Real Estate (MRE) degree prepares real estate professionals with the core fundamentals and principles they need to be competitive in today’s and tomorrow’s real estate industry. It is an online program composed of eight-week sessions conducted six times throughout the year.

Our two VAR graduates are Tanya Monroe, member, Hampton Roads REALTORS® Association (HRRA) and Jill Parker Landsman, staff, Northern Virginia Association of REALTORS® (NVAR).

6 Commonwealth | Summer 2016

Tanya Monroe, Managing Broker, Berkshire Hathaway HomeServices Towne Realty has worked in real estate for 17 years and in mortgage banking for 23 years. As an active member of Hampton Roads REALTORS® Association (HRRA), Tanya has served on the Board of Directors for several years, chaired the Owners-Managers Council, served on the “I am one” Advisory Committee, the Circle Of Excellence Audit Committee, and the Women Council of REALTORS® (WCR). In 2015, she received HRRA’s Chairman Award for Outstanding Service. Outside of HRRA, Tanya serves on the REIN MLS Sales Managers Advisory Committee (SMAC). At Virginia Association of REALTORS® (VAR), Tanya serves on the Board of Directors and previously on the Standard Forms Subcommittee and Risk Management Committee.

Tanya says graduating with her Masters of Real Estate (MRE) degree is her greatest accomplishment, and is the “cherry on top” of her real estate career!

“My experience as a REALTOR® University student has inspired me to pursue a Ph.D. This has been a great base for me to say that I can do it, I will do it, and I will accomplish it.” — Tayna Monroe

Jill Parker Landsman, Vice President of Communications & Media Relations, Northern Virginia Association of REALTORS® (NVAR), has over 33 years of experience in the communications industry. In her career, Jill has worked in a communications role at a newspaper, a magazine and two other non-profit associations. Jill has been at NVAR since 2006. She is dedicated to serving as a volunteer in both the communications industry and real estate industry. In communications, Jill is an active volunteer leader with the Public Relations Society of America (PRSA), where she serves as the chair of the PRSA Thoth Awards. In real estate, Jill has served on the board of Housing & Community Services of Northern Virginia, the Fairfax County Housing Task Force and the Virginia Housing Development Authority Board. In 2015, she was appointed to serve on the Research Committee of the National Association of REALTORS® (NAR). That same year, Virginia Association of REALTORS® (VAR) presented Jill with the Omega Tau Rho Award. Now, as a REALTOR® University graduate with her Masters of Real Estate (MRE), Jill has another notable accomplishment to celebrate.

“I applied what I studied in classes immediately, learning more about marketing, ethics, appraisals, the law, banking, mortgages and trends helped me appreciate what our members must understand.” — Jill Landsman

Summer 2016 | Commonwealth

7

Quick Hits /VARnews

/partnership

In Memoriam: Jane Wallace

By Jenny Wortham, Director of Community Outreach and Chip Taylor, member of Fredericksburg Area Association of REALTORS® In memoriam, we recognize Jane Wallace, a Fredericksburg Area Association of REALTORS® (FAAR) member and longtime REALTOR® who passed away in early December. Jane was deeply committed to the success of her peers, serving the Fredericksburg and REALTOR® communities with passion.

Honoring her legacy, members and affiliates of FAAR met in downtown Fredericksburg during the 2015 holiday season to share the spirit of giving. The group embarked on ‘Random Acts of Kindness’ with more than $1,000 that had been collected through their ‘Charitree.’ In the days before Christmas, FAAR REALTORS® handed out cash and gift cards randomly to unsuspecting recipients, including individuals and families on the street, policemen, a soldier, employees of local establishments, guests in the library and passing drivers. The surprised reactions and beaming smiles were priceless, as people shared their thanks through hugs and joyful tears with the REALTORS® handing out gifts.

For FAAR members, it was fitting to honor Jane’s life and sincere giving spirit by offering ‘Random Acts of Kindness’ in the city she loved. They plan to continue the generosity as an annual tradition, remembering Jane Wallace each year by uplifting the lives of her neighbors. Inspiring kindness and service in others, a beloved member’s impact lives on in perpetuity.

Virginia REALTORS® celebrate the success of partnering with Homes for Our Troops

By Jenny Wortham, Director of Community Outreach The Virginia Association of REALTORS® (VAR) won recognition on Wednesday, May 18th, for the public relations campaign that announced our inaugural sponsorship of Homes for Our Troops. Honored at the 69th annual Virginia Public Relations Awards ceremony, VAR won the Community Relations Excellence Award for outstanding public relations tactics that were implemented as part of a larger public relations program. Our campaign to support Homes for Our Troops and to build awareness of the organization and REALTOR® partnership is a priority for VAR because it highlights the commitment of our members to finding the best housing for veteran and military families and for all Virginians. Through media relations, member messages, and strategic marketing, the Virginia Association of REALTORS® proudly promotes the impact of our 31,000 members.

With your commitment to Homes for Our Troops and communities throughout Virginia, and through your expertise and professionalism, we’ll keep making news. As you make homes a reality for veteran heroes and every Virginia neighbor, we proudly share your impact and celebrate together the meaning of being a REALTOR®.

FOR MORE INFORMATION

Contact Jenny Wortham, VAR Director of Community Outreach at jenny@varealtor.com.

8 Commonwealth | Summer 2016

/memberprofile

Highlights from the 2016 NAR Member Profile

By Christine Hodges, Vice President of Marketing & Communications

2016 NAR MEMBER PROFILE Based on a random sampling of NAR’s membership, the Member Profile strives to answer the question: Who are REALTORS®? It looks at a variety of economic and demographic characteristics, and business practices.

BUSINESS CHARACTERISTICS OF REALTORS® • Sixty-five percent of REALTORS® are licensed sales agents (up from 58 percent in 2014), 21 percent hold broker licenses, and 16 percent hold broker associate licenses.

• The typical REALTOR® has 10 years of experience, down from 12 years in 2014.

• Sixteen percent of members have at least one personal assistant.

• Fifty-four percent of REALTORS® reported having a website for at least five years, 11 percent reported having a real estate blog, and 70 percent of members are using social media, up from 65 percent in 2014.

• The most common information found on REALTOR® websites is the member’s own listings and home buying and selling information.

• Eighty-three percent of REALTORS® are very certain they will remain active as a real estate professional for two more years.

DEMOGRAPHIC CHARACTERISTICS OF REALTORS® • The typical REALTOR® is 53 years old, white, female, has attended college, and is a homeowner.

• Sixty-two percent of all REALTORS® are female, up from 58 in 2014.

• Sixteen percent of REALTORS® had a previous career in management, business, finance, sales, or retail. Only four percent of REALTORS® reported real estate was their first career.

• Seventy-four percent of REALTORS® said that real estate was their only occupation, and that number jumps to 86 percent among members with 16 or more years of experience.

• The median gross income of REALTOR® households was $98,300 in 2015, a decrease from $106,800 in 2014.

• The majority of REALTORS®—81 percent—own their primary residence.

• Eighty-three percent of REALTORS® are very certain they will remain active as a real estate professional for two more years.

The study can be ordered by calling 800-874-6500, or online at www. realtor.org/prodser.nsf/Research. The profile is free for credentialed media and costs $14.95 for NAR members and $149.95 for nonmembers.

Summer 2016 | Commonwealth

9

Risk Management

LEGAL LINES

Teams: Common Questions and Answers

By Blake Hegeman, CAE, Deputy General Counsel

Teams are becoming more common within firms and there is not a great deal of regulatory or statutory guidance regarding their legal functioning. This article will focus on common questions VAR’s Legal Department receives about teams.

What is a team?

There is no formal definition in the Code of Virginia or Virginia Real Estate Board (VREB) Regulations. Generally, teams consist of two or more associate brokers or salespersons (or a combination of both) that work together regularly; hold themselves out to the public as being one entity; and refer to themselves by a common name.

I have a team in my office doing business as John Doe Real Estate that wants to use their own signs. They have developed a sign that makes it appear as if John Doe Real Estate is the real estate company, and they only want to install a sign rider with the name of my firm. Is that ok?

The sign sounds very ill-advised. It’s inevitable that it will create the impression to the public that John Doe Real Estate is a brokerage firm, which could present ethical and regulatory concerns of presenting less than a true picture in advertising and misrepresentation.

So, “John Doe Real Estate” should not be used as a team name.

Teams also should avoid “realty,” “real estate,” “properties,” “land,” “associates,” and similar terms in the names of teams so as not to confuse the public.

May I pay a team directly or do I have to pay the individual licensees?

Brokers may pay only licensees, whether individuals or entities.

So if agents in your firm form a team, but don’t create and

10 Commonwealth | Summer 2016

license a business entity, you continue to pay the team members individually. However, if they form an LLC called “The Jones Team, LLC” and get it licensed at DPOR as a business entity salesperson, you can then pay the entity, and the owners can distribute the payments according to their rights.

I’m the principal broker of a large firm office and I have a large team in my office that is managed by a team leader. The team is licensed as a business entity salesperson through the VREB. Is the team leader responsible for the actions of the team members?

Below are two important provisions from the VREB Regulations that help answer this question: • The principal broker shall have responsibility for the activities of the firm and all its licensees. (18 VAC 135-20-10. Definitions.)

• “Supervising broker” means (i) the individual broker who shall be designated by the principal broker to supervise the provision of real estate brokerage services by the associate brokers and salespersons assigned to branch offices or (ii) the broker, who may be the principal broker, designated by the principal broker to supervise a designated agent as stated in § 54.1-2130 of the Code of Virginia.

(18 VAC 135-20-10. Definitions.)

There is no definition for teams or team leaders in the VREB Regulations and the principal or supervising broker is responsible for the actions of the team and its members.

Therefore, principal or supervising brokers must take responsibility for actively supervising all licensees affiliated with their firm, teams and team members included.

LEGAL HOTLINE

The free VAR Legal Hotline is available Monday through Friday, 10 a.m. – 4 p.m. for principal and supervising brokers. Free registration is required. Have your NRDS ID number available.

Phone: (804) 622-7955 E-mail: hotline@ VARealtor.com (include your full name, phone number, and NRDS ID).

The Legal Hotline provides legal information, not legal services; it should not replace your own legal counsel.

We will not answer questions on matters unrelated to real estate or real estate brokerage, nor can we help with pending arbitrations.

Summer 2016 | Commonwealth

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Risk Management LIFE LESSONS

The opinions or views expressed herein are those of the author and do not necessarily reflect the opinions and/or recommendations of the Virginia Association of REALTORS®. For further information and/or consultation, please contact the author directly.

Improper Form

By Kathleen Toler

THE SITUATION In early October, the Harmons entered into a contract with Vicki Tate, principal broker of Tate & Malone Realty, to sell their house. After overhearing Tate’s telephone call with the Harmons that they wanted a house sitter for their property while it was on the market, Tate’s secretary, Melinda Caldwell, volunteered. She and her fiancé moved into the house shortly thereafter.

Caldwell and her fiancé enjoyed living in the Harmons’ house, and she told Tate she was interested in buying it.

When Tate told her that she probably couldn’t afford it, Caldwell revealed that she expected to receive a large court settlement in December. Tate engaged Caldwell as her client without a written brokerage agreement.

When Caldwell made the Harmons an offer to purchase the house, the Harmons rejected it and countered. Caldwell agreed to the revised offer and also signed a dual representation form allowing Tate to represent both the buyer and the sellers.

Tate asked the Harmons to sign the disclosure form, but they said they were not comfortable with dual representation. She explained that it was done all the time and it was her decision, but the Harmons never signed the form.

Although Caldwell and the Harmons ratified the contract on November 20th, Tate didn’t deposit Caldwell’s $1,000 earnest money deposit into her firm’s escrow account until December 4th. Unfortunately, the court settlement that Caldwell thought she was going to receive never materialized.

On March 30th, Caldwell emailed the Harmons directly and told them the deal was off.

Caldwell receiving the court settlement, Tate believed that Caldwell was due the earnest money deposit. However, Tate never received the signed release back from the Harmons.

They told investigators that they had requested the earnest money deposit from Tate, and she told them that it was her decision to return it to Caldwell.

THE INVESTIGATION During the Board’s investigation of the Harmons’ complaint, Tate claimed the Harmons never told her that they were uncomfortable with dual representation. Her explanation for not having a written brokerage agreement with Caldwell was that she was only interested in purchasing the Harmons’ house and did not show her any other properties.

Tate also said that around the beginning of April, she discussed returning the earnest money deposit to Caldwell with the Harmons. Since the contract was contingent upon

THE RESULT The Board determined that Tate failed to provide Caldwell a written disclosure of brokerage relationship, nor did she obtain the Harmons’ written consent of dual representation.

She failed to deposit the earnest money deposit into her firm’s escrow account within five banking days of the contract ratification, and she also disbursed the earnest money deposit from the escrow account without the agreement of all parties to the transaction. Tate was fined $1,500 and was required to complete six hours of continuing education.

12 Commonwealth | Summer 2016

LIFE LESSONS

The opinions or views expressed herein are those of the author and do not necessarily reflect the opinions and/or recommendations of the Virginia Association of REALTORS®. For further information and/or consultation, please contact the author directly.

All in the Family

By Kathleen Toler

THE SITUATION While the Chandlers planned to relocate from Nebraska to Virginia, they found a house to rent online. In early July, they contacted the leasing agent, Hannah Pratt of Maple Lane Realty & Relocation, and explained that they would not be in Virginia until the end of August. Since their application had been approved, Pratt said they would work out the details later.

Five days later, Pratt left a frantic message with the Chandlers. She said that if they wanted to rent the property, they had to send a deposit check for $1,950 to hold the property or she was going to rent it to someone else. The Chandlers agreed to send the deposit, but they asked for a lease agreement. Pratt emailed the Chandlers the lease

agreement the next day, but they didn’t sign and return it because they wanted to have a lawyer review it.

The Chandlers had planned to meet Pratt at the house in late August so they could see the property and sign the lease. In the meantime, they disagreed with Pratt about utilities and cosmetic concerns at the property. The Chandlers thought Pratt’s attitude was unprofessional and decided not to rent the house. They asked her to return their deposit.

Pratt refused to return the deposit and told them to take her to court. The Chandlers met with her supervising broker, Inez Morales, to complain. According to the Chandlers, Pratt said she felt entitled to keep some of the deposit money for holding the property for them without a signed lease.

Morales contacted Pratt and demanded her to return the Chandlers’ deposit, which she did the next day. Morales said she knew from the Chandlers’ story that Pratt was way out of line. She fired Pratt on August 29th and filed a complaint.

THE INVESTIGATION During the Board’s investigation, Pratt said she kept the Chandlers’ deposit check because it took so long to receive it. She had asked them to make the check payable to her and cashed it. She said she had no intent to keep the Chandlers’ money, but she was emotionally involved with the property because her husband and son were the landlords.

Morales noted that Pratt did not change the status of the listing in MRIS although the Chandlers had sent her their deposit. She also kept the Chandlers in the dark about her family ownership of the property.

THE RESULT The Board found that Pratt did not update the property’s MRIS status or keep her supervising broker informed of her personal real estate transaction. She should not have accepted a check made to her personally and she failed to disclose her family conflict of interest in writing to her clients.

Summer 2016 | Commonwealth

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Risk Management created a Standard Clauses Booklet that is reviewed and updated regularly.

The Standard Clauses Booklet contains sample language that agents can use when a common situation arises, but is not covered by an existing form. By using these standard clauses in the additional terms paragraph of the sales contract, or a written addendum, agents do not have to risk practicing law without a license and can ensure the language is drafted correctly. All of the standard clauses are intended to work with the VAR standard forms and use similar language, so the clause can be added seamlessly to a form.

The Standard Clauses are broken into ten categories: Agency, Appraisal, Contingencies, Financing/Escrow, Home Inspections, Property/Legal Description, Property Management, Miscellaneous, Settlement/Possession and Risk

FORM FACTOR

Standard Clauses Booklet

By Laura Farley, Deputy General Counsel Members often contact Virginia Association of REALTORS® (VAR) looking for contract language to cover less common situations, such as a buyer agent who has shown their client a property that is for sale by owner. Another concern we frequently hear from members is that the forms are already long enough and adding more paragraphs to cover situations that do not occur frequently can create an unwieldy contract. To address both of these viewpoints, the VAR Standard Forms Subcommittee

Management Acknowledgements not already addressed in the contract.

For example, the Standard Clauses Booklet contains the following language which can be used when you show a buyer client a for sale by owner property: Purchaser is a party to a written brokerage agreement with Selling Firm. Seller agrees to pay Selling Firm a brokerage fee equal to ___ % of the Purchase Price. Such brokerage fee is in addition to any other fees that may be paid to Selling Firm by Purchaser.

You can find the VAR Standard Clauses Booklet with the VAR Forms Library through forms providers and on VAR’s website at: varealtor.com/ StandardForms#standardclause_forms.

If you have suggestions for other clauses to be added to the VAR Standard Clauses Booklet, please send them to forms@varealtor.com.

COULD RADON IMPACT YOUR SALES? your questions. VDH offers a no-cost, VARThe Virginia Department of Health (VDH) can answer approved Radon Course for Realtors. The course is worth 2 CE credits and can be taught at a location

of your choice (15 student minimum).

Virginia Department of Health Office of Radiological Health Winchester

Moderate Potential (from 2 to 4 pCi/L)

Shenandoah

Contact: Ryan Paris, Radon Coordinator ryan.paris@vdh.virginia.gov

Loudoun !

Falls Clarke Church Fairfax Arlington Warren Prince City Fairfax !

Zone 2

Frederick

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Legend Zone 1 Highest Potential (greater than 4 pCi/L)

William !

Alexandria Manassas Rappahannock Park Page Fauquier Rockingham Manassas Culpeper Stafford Fredericksburg !

Madison Highland King George Augusta Greene Orange Spotsylvania Westmoreland Bath Staunton Charlottesville !

Waynesboro Clifton Caroline Richmond Louisa Forge Northumberland Albermarle Essex Covington Rockbridge King Fluvanna Nelson Hanover !

William King and Lancaster Buena Accomack Queen Goochland Roanoke Alleghany Lexington Henrico Vista Buckingham Middlesex Montgomery Salem Powhatan Richmond Amherst Craig Botetourt New Kent Cumberland Mathews City Chesterfield CharlesJamesGloucester Bedford Appomattox Radford Northampton City Amelia Colonial City Giles !

Buchanan Prince Heights ! Prince !

Bedford Lynchburg York ! George Edward Nottoway Dickenson Bland Newport Poquoson Tazewell !

City Campbell Petersburg Williamsburg Wise Hampton Roanoke News Pulaski Charlotte Surry Dinwiddie !

Isle City Norfolk Russell Wythe Sussex Floyd Lunenburg Pittsylvania Franklin of Smyth Halifax Brunswick Portsmouth Wight Scott Carroll Washington Henry Southampton Chesapeake Mecklenburg !

Patrick Grayson Emporia !

Suffolk Virginia !

Greensville Bristol Beach Franklin Galax Halifax Martinsville Danville City

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14 Commonwealth | Summer 2016

Promoting & Protecting the Health of All Virginians www.vdh.virginia.gov

DOES YOUR WEBSITE MEET

ADA REQUIREMENTS?

By Erin Barton, Staff Counsel

On July 20, 1990, the American with Disabilities Act (ADA) was signed into law, prohibiting discrimination on the basis of disability in employment, access to government services, places of public accommodation, and other important aspects of everyday life. The ADA was silent with respect to the Internet, which did not exist then as it does now. Today, the Internet plays an essential role in our lives; making available information, social interaction, and goods and services to which we might not otherwise have access. It goes without saying that being unable to access websites would put people at a significant disadvantage in today’s society.

Real estate websites are an excellent example of the critical role the Internet plays in one of the biggest transactions in a person’s life. More than 80% of people searching for a home begin on the Internet. Real estate websites provide consumers

access to listings, photos, videos, home tours, school listings, and even communication directly with real estate salespersons. But are these websites subject to the requirements of the ADA?

Summer 2016 | Commonwealth

15

The U.S. Department of Justice has taken the position that websites are a place of public accommodation subject to the requirements set forth in Title III of the ADA. Courts, however, have not unanimously accepted that broad interpretation. In July 2010, the U.S. Department of Justice responded to inconsistent court decisions and differing opinions on standards for web accessibility by releasing an Advance Notice of Proposed Rulemaking (ANPR), “Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State

anticipated issue date for those proposed regulations has been repeatedly delayed and the regulations are not expected until 2018; leaving businesses uncertain about whether their websites are accessible under the ADA, what standards they are supposed to be striving for, and ultimately if they are vulnerable to litigation.

Despite the lack of formal guidance or standards, private plaintiffs, advocacy groups, and the U.S. Department of Justice itself are trying to enforce Title III against websites by targeting companies with demand letters, complaints, and even lawsuits.

Some big name companies that have started web accessibility initiatives as a result of these enforcement actions include Target, Netflix, H&R Block, and the NBA. A common theme in most of these settlement agreements and court decisions has been ensuring company websites meet the Web Content Accessibility Guidelines (WCAG 2.0) issued in 2008 by the Web Accessibility Initiative of the World Wide Web Consortium. These guidelines serve as the current industry standard for accessibility, the adoption

‌it is a good risk management practice to start looking at your website now and evaluating its level of compliance with the Web Content Accessibility Guidelines industry standards. and Local Government Entities and Public Accommodations,� 75 Fed. Reg. 43460 (July 26, 2010) (ANPR) stating that it was considering revising the ADA Title III regulations in order to establish requirements for websites to be accessible to individuals with disabilities. However, the

16 Commonwealth | Summer 2016

of which was specifically noted in the U.S. Department of Justice ANPR as a possible solution to the need for developing accessibility standards. The WCAG 2.0 guidelines have been referred to consistently enough in settlement agreements and court rulings that many people are predicting the eventual U.S. Department of Justice regulations will adopt the guidelines to some extent.

Given the uncertainty surrounding the issue of web accessibility enforcement and the sheer number of real estate websites, it is a good risk management practice to start looking at your website now and evaluating its level of compliance with the WCAG 2.0 industry standards. The WCAG 2.0 is available online at w3.org/TR/WCAG20/ and provides twelve guidelines addressing website accessibility, three levels of conformance (e.g. A, AA, AAA), and the technical methods to meet each of those levels. A proactive first step would be to contact your website provider or use one of the many free online testing services that will evaluate your website’s accessibility.

Many companies are going further and focusing their efforts on the recommended

improvements to accessibility noted by the U.S. Department of Justice in the ANPR. Specifically, the U.S. Department of Justice and WCAG 2.0 recommend that websites allow for font size and color contrast changes on the screen; have corresponding text descriptions for images and photographs; use navigational headings or links to facilitate the use of screen readers, caption audio or video-only content, and clearly label input fields on online forms. Other companies have already put plans in place to work toward meeting the full industry preferred WCAG 2.0 AA-level of accessibility in anticipation of the U.S. Department of Justice adopting those guidelines as part of their revised regulations. Regardless of what steps you take, it’s a better practice to be proactive and demonstrate that you are working toward achieving website accessibility. The National Association of REALTORSŽ has produced several articles and videos on this topic available at both realtor.org and realtormag.realtor.org/. Keep an eye out for further information from your national, state and local associations.

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2016

NEW LAWS

1 VAR Legislative Agenda

3 2 General Assembly

20 Commonwealth | Summer 2016

4

5 Signed by the Governor

by Laura Farley, Deputy General Counsel

The 2016 General Assembly session saw over 2,000 bills introduced in the House and Senate. Of those, about one-third of those bills ultimately passed both houses and were signed into law by Governor Terry McAuliffe. Unless otherwise noted, all of these provisions take effect on July 1, 2016.

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2016

NEW LAWS

VIRGINIA ASSOCIATION OF REALTORSÂŽ (VAR) BILLS: These bills were initiatives that VAR worked with patrons to get passed into law.

22 Commonwealth | Summer 2016

AGENCY (HB567) This bill clarifies several portions of the licensing law. Under the new law, the Virginia Real Estate Board (VREB) can apply deferred judgments and allow licensees to complete educational or other remedial steps for minor violations without those violations going on their permanent records.

The VREB may also grant exemptions or waive or reduce the number of continuing education hours an individual licensee must take in cases of certified illness or undue hardship.

Several portions of the agency law were clarified, including the distinctions between what is required in residential transactions and commercial transactions. Commercial agents do not need to provide a Disclosure of Brokerage Relationship and are exempted from the portion of the license law that covers licensees engaged to manage real estate.

In addition to distinguishing between commercial and residential transaction this legislation also clarifies that the act of merely showing properties does not require a written brokerage agreement. Finally, the bill clarifies that there is no independent civil cause of action created by the licensing statute.

POA/CONDO (HB684) Both the Property Owners’ Association Act (POA) and the Condominium Act (COA) were amended.

Many of the amendments were to mirror provisions of the two statutes, such as mirroring the POA to the COA in regards to a buyer being able to get out of a contract when the disclosure package is not available. The law now clearly defines who the purchasers’ and sellers’ designated agents are for the purpose of delivering the disclosure packet; that delivery must be made to the party or agent, not someone else in their office, unless agreed to in the contract; and that for properties with more than one association, the deadline to terminate a contract does not start running until the last set of documents or certificates is delivered.

Additionally, the law increases the timeframe in which associations can back-charge sellers for the cost of packets from 45-days to 60-days, to satisfy concerns regarding delayed closings due to TILA/ RESPA Integrated Disclosure Rule.

Other provisions in the law deal with rentals in common interest communities. There are further limitations on the fees that POAs and COAs can charge to renters or owners who want to rent their property; a prohibition on associations evicting tenants; and the law now requires POAs and COAs to recognize the agency relationship between an owner and a real estate licensee when provided with written documentation of the relationship.

POAs and COAs were requiring owners to provide a formal power of attorney designating a real estate licensee as their agent; under the new law, any written authorization is all that can be required.

HOME INSPECTOR LICENSING (HB741/SB453) Under this legislation, all Virginia home inspectors will need to be licensed by July 1, 2017. This delayed implementation date allows Virginia Department of Professional and Occupational Regulation (DPOR) to create the regulations that will govern home inspectors. Currently, Virginia has a voluntary certification program, which allows home inspectors to become certified by the Board for Asbestos, Lead, and Home Inspectors (ALHI Board).

Any home inspector who holds an unexpired certificate on June 30, 2017 will be issued a license and will not need to go through the initial application process. For home inspectors who wish to perform inspections on new construction homes, the ALHI Board will issue a license with a new residential endorsement once they have completed the required training module.

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2016

NEW LAWS

VIRGINIA ASSOCIATION OF REALTORS® SUPPORTED BILLS: VAR will often support legislation that is not an initiative brought forward by the VAR Public Policy Committee. This section includes several examples of bills that VAR supported as they worked their way through the General Assembly.

VIRGINIA RESIDENTIAL PROPERTY DISCLOSURE ACT (HB746, HB1246) Three sections of the Virginia Residential Property Disclosure Act were updated. The first statement, which deals with the condition of the real property and any improvements, was updated to add that the seller makes no representations or warranties with regard to any covenants and restrictions that may be recorded in the land records. Additionally, that section was amended to remove “certified” before home inspection, so that the buyer is now advised to obtain a home inspection. This change was made in anticipation of the requirement that all home inspectors be licensed starting July 1, 2017. The second statement, which advises the purchaser that the seller is making no representations with respect to the parcels adjacent to the subject parcel, has been amended to include that the seller is not making any representations about any zoning classification or permitted uses of adjacent parcels. The final change made to the Residential Property Disclosure Act is in the eighth statement, which deals with wastewater systems. This section now says that the purchaser should exercise whatever due diligence they deem necessary regarding the costs associated with maintaining, repairing, or inspecting any wastewater system, including any costs or requirements related to the pump-out of septic tanks.

GO ONLINE

See the VARealtor.com webiste for additional new law resources.

24 Commonwealth | Summer 2016

MILITARY - TAX EXEMPTIONS (HB421, HB1203, SB99, SB366) There were a number of bills that expanded and clarified the law which exempts the real property of disabled veterans and spouses of individuals killed in action. Under the clarification, manufactured homes, whether or not on wheels and whether or not the veteran or spouse owns the land the manufactured home sits on are tax exempt. If the land the manufactured home sits on is not owned by the veteran or spouse, the manufactured home is exempt from taxes, but the land is not.

LANDLORD TENANT (HB711, HB735, HB1011) Both the Virginia Landlord Tenant Act (“Common Law”) and the Virginia Residential Landlord Tenant Act (VRLTA) were amended by several bills. One major change to both the Common Law and VRLTA is in instances where a court has issued an order granting an individual possession of the premises to the exclusion of one or more co-tenants or authorized occupants. This generally happens in instances of domestic abuse where a tenant has allegedly abused a significant other, who may or may not be on the lease. If the victim is not on the lease, the new law sets out a mechanism for landlords to either have the victim become a tenant or the victim must move out of the property.

The law also holds the non-tenant victim liable for failing to vacate and allows the landlord to file an unlawful detainer and evict any person residing in the dwelling unit.

Several provisions within the VRLTA had minor, but essential, clarifications added. For example, the section that requires the landlord to pay for remediation of mold within the unit has been updated to indicate that the landlord must also pay for relocating the tenant. The definition of single-family

residence has been updated to specifically include condominium units, since the previous definition referenced having “direct access to a street or thoroughfare” which could exclude condominium units. Additionally, language was added to the provision requiring the landlord to conduct a move-in inspection clarifying that all items listed on the report did not necessarily need to be remedied; only those defects required by statute to be repaired needed to be addressed.

Finally, the provision that prohibits tenants from removing or tampering with properly functioning carbon monoxide alarms now requires tenants to maintain such alarms in accordance with the standards established in the Uniform Statewide Building Code.

The section dealing with tenant records was also updated to add the landlord’s collection agency to the list of exemptions from the confidentiality provisions. Two other changes were made to this section. Tenants may request a copy of their tenant records either hard copy or electronically and, if the lease provides, a landlord may charge the tenant for actual costs of providing more than one copy of the records.

The final changes to the VRLTA come from the section dealing with access and inspections. If, during an inspection of the dwelling unit, a landlord determines that there is a violation of tenant’s contractual or statutory responsibility to maintain the dwelling unit that materially affects health and safety which can be remedied by repair, replacement of a damaged item or cleaning, the landlord can take the necessary action and send the tenant an invoice for payment. Further, the law now specifies that if the lease provides and the tenant, without reasonable justification, prohibits the landlord or managing agent to show the unit for lease or sale, the landlord may recover damages, costs, and reasonable attorneys’ fees.

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Stefan Swanepoel

RPAC Report Two Virginia REALTORS® Inducted into NAR RPAC Hall of Fame

By Heidi Cook, VAR Director of Political Operations The National Association of REALTORS® held its annual RPAC Hall of Fame Awards on Tuesday, May 10, in Washington, D.C. REALTOR® members inducted into this elite group have dedicated their careers to advancing the professionalism and political advocacy efforts of their local, state and national trade associations by contributing a minimum of $25,000 to the REALTORS® Political Action Committee. This year, two Virginia REALTORS® were recognized for their contributions.

Thomas M. Stevens, of Vienna, became Virginia’s first ever $50,000 level RPAC Hall of Fame inductee! Among his many achievements, Tom is a past president of the Virginia Association of REALTORS®, a recipient of the Virginia “REALTOR® of the Year” award and served as President of the National

Association of REALTORS® in 2006. Thank you Tom for steadfast commitment to the REALTOR® family.

John E. McEnearney, of McLean, a retired Navy Officer and founder of McEnearney Associates was inducted into the $25,000 level RPAC Hall of Fame posthumously on Tuesday.

He began working as a real estate agent in 1976 and founded McEnearney Associates in 1980. From the beginning of his real estate career, John recognized the importance of professionalism and it showed through his dedication to the industry.

Four of John’s six children were in attendance to receive the award on his behalf: Kathy McEnearney, Michael McEnearney, Sean McEnearney, and Maureen McEnearney Dunn.

VIRGINIA RECIPIENTS OF THE NAR RPAC HALL OF FAME AWARD INCLUDE: THOMAS JEFFERSON III

2002 ($25,000)

THOMAS M. STEVENS

2007 ($50,000)

DENNIS R. CRONK 2009 ($25,000) MELANIE THOMPSON

2009 ($25,000)

WILLIAM L. CHOREY

2010 ($25,000)

SANDEE FEREBEE 2010 ($25,000) JACK F. TORZA 2010 ($25,000) JOHN R. DICKINSON

2011 ($25,000)

DORCAS HELFANT

2011 ($25,000)

STEVE HOOVER 2011 ($25,000) JOSEPH K. FUNKHOUSER II

2012

THOMAS N. INNES

2012 ($25,000)

($25,000)

GENE MOCK 2014 ($25,000) JOHN L. POWELL 2014 ($25,000) JOHN MCENEARNEY

2015 ($25,000)

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RPAC Report The REALTOR® Political Action Committee, RPAC, supports property rights and REALTOR® interests at all levels of government: local, state, and federal. Major Investors in RPAC understand the importance of this to their business and make financial commitments of support. The following REALTORS(R) and local associations have contributed to RPAC of Virginia as Major Investors in 2016.

platinum R investor ($10,000)

platinum R associations ($10,000)

Gene Mock Keller Williams Realty, Leesburg

Northern Virginia Association of REALTORS®, Fairfax

Virginia Association of REALTORS®, Glen Allen

golden R investors ($5,000)

Dennis Cronk Poe & Cronk Real Estate Group, Roanoke

Joe Funkhouser Funkhouser Real Estate Group, Harrisonburg

Dorcas Helfant-Browning Coldwell Banker Professional, Virginia Beach

John Powell Long and Foster Real Estate, Virginia Beach

Tom Stevens Coldwell Banker Residential Brokerage, Vienna

Melanie Thompson Century 21 Redwood Realty, Fredericksburg

Jack Torza Long & Foster Real Estate, Mechanicsville

Bill Chorey Chorey & Associates Realty, Suffolk

Tom Innes RE/MAX Commonwealth, Richmond

Tom Jefferson Joyner Fine Properties, Richmond

Bradley Boland Keller Williams Realty, Sterling

Mary Dykstra MKB REALTORS®, Roanoke

Kit Hale MKB REALTORS®, Roanoke

Tana Hoffman Sager Real Estate, Strasburg

Karen Smith RE/MAX Commonwealth, Richmond

Mack Strickland Strickland Realty, Chester

Terrie Suit Virginia Association of REALTORS®, Glen Allen

Bill White Joyner Fine Properties, Richmond

Charles Burnette Burnette Real Estate Sales & Property Management, Blacksburg

Robert Dawson Dawson Ford Garbee, Lynchburg

28 Commonwealth | Summer 2016

golden R investors ($5,000)

golden R associations ($5,000)

RE/MAX Allegiance, Alexandria

Charlottesville Association of REALTORS®, Charlottesville

crystal R investors ($2,500)

Betsy Atkinson ERA Atkinson Realty, Virginia Beach

Deborah Baisden BHHS Towne Realty, Virginia Beach

Candice Bower McEnearney and Associates, Leesburg

Peggy Burke Virginia Realty Partners, Woodbridge

Anthony McGhee Assist2Sell First Rate Realty

Denise Ramey Long and Foster Real Estate, Charlottesville

Katrina Smith RE/MAX Roots, Winchester

Trish Szego Century 21 Redwood Realty, Ashburn

Tracy Comstock SilverLine Realty and Investment, Vienna

Lynn Grimsley RE/MAX Peninsula, Newport News

Cynthia HawksWhite Keller Williams Realty, Virginia Beach

Nicholas Lagos Keller Williams Realty, Virginia Beach

Linda Buskey Bay Creek Resort Realty, Cape Charles

Claire ForcierRowe Long and Foster Real Estate, Mechanicsville

Suzanne Granoski RE/MAX Executives, Alexandria

Jon Wolford McEnearney and Associates, McLean

Bob Adamson McEnearney and Associates, Arlington

Moon Choi RE/MAX Executives, Fairfax

Craig Lilly Long and Foster Real Estate, Vienna

Susan Mekenney RE/MAX Executives, Springfield

Forrest Odend’hal Long and Foster Real Estate, Manassas

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RPAC Report

Shoeleh Rahnama RE/MAX Executives, Fairfax

Christine Richardson Weichert REALTORS®, Great Falls

Lisa Saunders RE/MAX Allegiance, Chesapeake

Patricia Snyder Coldwell Banker Four Seasons, Mt. Jackson

Suzy Stone Century 21 Redwood Realty, Fredericksburg

Pat Sury Montague MillerWestfield, Charlottesville

Kevin Turner Century 21 All-Service, Bedford

Shanna Wiseman Parr and Abernathy Realty, Hopewell

crystal R associations ($2,500) Dulles Area Association of REALTORS®, Ashburn Fredericksburg Area Association of REALTORS®, Fredericksburg Richmond Association of REALTORS®, Richmond Roanoke Valley Association of REALTORS®, Roanoke Williamsburg Area Association of REALTORS®, Williamsburg

sterling R investors ($1,000) David Charron, MRIS, Rockville Jay Mitchell, BHHS Towne Realty, Virginia Beach Delene Adams, Key Real Estate, Waynesboro Gail Ailor, Fathom Realty Virginia, Midlothian Doug Albert, Century 21 Nachman Realty, Virginia Beach Craig Alexander, Coldwell Banker Premier, Front Royal Guy Allen, eXp Realty, Leesburg Aimee Andrews, CAAR Real Estate Weekly, Charlottesville Kimberly Armstrong, ERA Bill May Realty, Charlottesville Lorraine Arora, Weichert REALTORS®, Fairfax Frank Ballif, Nest Realty Group, Charlottesville Jim Barb, Jim Barb Realty, Winchester Mary Bayat, Bayat Realty, Alexandria Quinton Beckham, Keller Williams Realty, Charlottesville Mary Ann Bendinelli, Weichert REALTORS®, Manassas Laura Benjamin, Roanoke Valley Association of REALTORS®, Roanoke Dana Berenbaum, MKB, REALTORS®, Roanoke Beckwith Bolle, Carter Braxton Preferred Properties, Leesburg Dawn Bradley, Long and Foster Real Estate, Richmond Pat Breme, Fredericksburg Area Association of REALTORS®, Fredericksburg David Bridges, ERA Blue Diamond Realty, Inc., Woodbridge John Brockwell, Weichert Brockwell & Portwood, Colonial Heights

30 Commonwealth | Summer 2016

Antoinette Brown, J.F. Brown Real Estate Service, Lexington Pat Buck, McEnearney Associates, McLean William Burke, Virginia Realty Partners, Woodbridge Thomas Campbell, Fathom Realty, Warrenton Keith Canty, Carrington Real Estate Service, Newport News Joe Carney, Howard Hanna Real Estate Services, Newport News Omni Casey, Weichert, REALTORS(R), Sterling Dale Chandler, Rose and Womble Realty, Newport News Rebecca Claggett, Century 21 Nachman Realty, Virginia Beach Vic Coffey, RE/MAX All Stars Realty, Daleville Charles Cornwell, RE/MAX Regency, Warrenton Raymond Courchene, Buyer’s Advantage Real Estate, Woodbridge Mary Beth Coya, Northern Virginia Association of REALTORS(R), Fairfax Hugh Cross, Cross Management, Suffolk Beth Dalton, Long & Foster Real Estate, Blacksburg Sheila Dann, Abbitt Realty Company, Newport News Marita Dorr, Napier REALTORS® ERA, Colonial Heights Meg Duarte, Century 21 Colonial Realty, Colonial Heights Susan Erickson, Long and Foster Real Estate, Blacksburg Punkie Feil, Loring Woodriff R. E. Assoc., Charlottesville Kathy Felton, Virginia Association of REALTORS®, Glen Allen John Finn, United Real Estate, Richmond

sterling R investors ($1,000) continued Drew Fristoe, Coldwell Banker Elite, Fredericksburg Virgil Frizzell, Long & Foster Real Estate, Reston Libby Gatewood, Napier REALTORS® ERA, Colonial Heights Tim Gifford, Coldwell Banker Professional, Norfolk Delk Hamaker, Buck and Associates, Arlington Margaret Handley, M.C. Handley, LTD, Falls Church Donna Marie Harris, Long & Foster Real Estate, Roanoke Lars Henriksen, Century 21 Redwood Realty, Leesburg Jeanne Hockaday, Virginia Country Real Estate, Ordinary Michael Hogan, Keller Williams Realty, Richmond Ashton Hogge, Weichert, REALTORS(R), Herndon David Howell, McEnearney and Associates, McLean Amy Hudson, RE/MAX 8, Blacksburg Nathan Hughes, Sperity Real Estate Ventures, Richmond Evie Hunt, United Country RealOne Realty, Abingdon Anne Innes, RE/MAX Commonwealth, Richmond Philip Innes, RE/MAX Commonwealth, Richmond Donn Irby, Rose and Womble Realty, Chesapeake Jimmy Jackson, Rose and Womble Realty, Chesapeake Pat Jensen, BHG Real Estate, Charlottesville Jeremy Johnson, Long and Foster Real Estate, Virginia Beach Sita Kapur, Arlington Premier Realty, Arlington Jonathan Kauffmann, Nest Realty Group, Charlottesville Betty Kingery, Mountain to Lake Realty, Rocky Mount Billy Kingery, Mountain to Lake Realty, Rocky Mount Mimi Kopassis, MK Realty Group, Virginia Beach Gary Lange, Coldwell Banker Residential Brokerage, Fairfax Jacqueline Lawlor-Campiti, Jack Lawlor Realty, Ashburn C. Lynn Lenahan, 1st Choice Better Homes & Land, Bowling Green Larry Lewis, Napier REALTORS® ERA, Colonial Heights Jennipher Lucado, Brownstone Properties, Lynchburg Richard Lugg, Virginia Association of REALTORS®, Glen Allen Christina Macro, KW Metro Center, Vienna Leonard Mailloux, BHG Real Estate III, Charlottesville Kathy Markwood, Roy Wheeler Realty - Greene, Ruckersville Linda Martin, Montague, Miller & Co., Culpeper Sherry Maser, Howard Hanna Wm. E. Wood , Chesapeake Andy Mason, WEICHERT REALTORS, Mason-Davis, Accomac Scott McDonald, RE/MAX Gateway, Centreville Charles Miller, Piedmont Fine Properties, Warrenton Shawn Milletary, Century 21 Redwood Realty, Ashburn Shawn Mitchell, Modern Mechanical, Ashburn David Moberly, Dockside Realty, Mineral Tonya Monroe, BHHS Towne Realty, Chesapeake Percy Montague, Montague Miller Company - Westfield, Charlottesville

Ronda Morrison, Exit Realty Central, Virginia Beach Thai Hung Nguyen, BHG Real Estate Premier, Washington, D.C. Robert O’Brien, Kryptonite Realty, McLean John O’Reilly, Base Camp Realty, Midlothian Gwen Pangle, Pangle and Associates, Leesburg Eric Parker, Morgan Stanley, Charlottesville Robert Perkins, Long and Foster Real Estate, Colonial Heights Nan Piland, Liz Moore & Associates, Williamsburg Kimberly Plourde, Exit Realty Central, Norfolk Rachel Reynolds, RE/MAX Realty Specialists, Stanardsville Katy Richards, Joyner Fine Properties, Richmond Christine Richardson, Weichert Great Falls Melanie Roberts, Virginia Association of REALTORS®, Glen Allen Todd Rogers, Hometown Realty, Mechanicsville Zinta Rodgers-Rickert, RE/MAX Allegiance, Fairfax Fetneh Schacht, Long and Foster Real Estate, Vienna Veronica Seva-Gonzalez, Compass, Washington, D.C. Scott Shaheen, Long and Foster Real Estate, Richmond Tonya Simpson-Feamster, Keller Williams Realty Elite, Chesapeake Sarah Shojinaga, United Real Estate, Reston Adam Smith, Virginia Association of REALTORS®, Glen Allen Brandi Smith, Blickenstaff & Company, REALTORS®, Lynchburg Kimber Smith, BHHS Towne Realty, Williamsburg Ty Smith, SunTrust Mortgage, Charlottesville Ellen Smith Gajda, Williamsburg Realty, Williamsburg Susan Spellman, Long and Foster Real Estate, Williamsburg Phyllis Stakem, RE/MAX Select Properties, Ashburn Vickie Stamper, Appalachian Realty Co., Marion Wes Stearns, MO Wilson Properties, Inc., Woodbridge Pat Steele, Coldwell Banker Professional, Virginia Beach Minnie Stevenson, Kline May Realty, Fisherville Pam Strahorn-Roe, Rose and Womble Realty, Newport News Joe Sutliff, Roanoke Valley Association of REALTORS®, Roanoke Susan Swink, Long & Foster REALTORS®, Richmond Philip Thornton, RE/MAX Crossroads, Culpeper Peggy Todd, Liz Moore & Associates, Newport News Donna Travis, Long & Foster Real Estate, Blacksburg Beth Waller, Team Waller Real Estate, Front Royal Holly Weatherwax, Momentum Realty, Reston Debbie Werling, Greater Piedmont Area Assn. of REALTORS®, Warrenton Mary Ann White, RE/MAX Signature, Prince George John Wilson, Coldwell Banker Traditions, Newport News Christine Windle, Dulles Area Association of REALTORS®, Ashburn Matthew Woodson, Roy Wheeler Realty-Greene, Ruckersville Arleen Yobs, Nest Realty Group, Croziet

sterling R associations ($1,000) Blue Ridge Association of REALTORS®, Winchester Greater Augusta Association of REALTORS®, Staunton Lynchburg Association of REALTORS®, Lynchburg

hall of fame RPAC Hall of Fame members (noted with a star) have contributed a cumulative amount of at least $25,000 to RPAC.

New River Valley Association of REALTORS®, Christiansburg Prince William Association of REALTORS®, Woodbridge Virginia Peninsula Association of REALTORS®, Hampton

president’s circle In addition to their Major RPAC Investor contribution, President’s Circle members (noted with a circle) annually contribute $2,000 directly to REALTOR®-friendly candidates at the federal level.

Summer 2016 | Commonwealth

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$10K IN 10 WEEKS Help build homes that rebuild lives

Young Professionals Network

YPNVA (Young Professionals Network

of Virginia) is a committee of the Virginia Association of REALTORS®.

This summer, YPNVA is committed to supporting military families in the communities where we live and work.

The Virginia Association of REALTORS® is a proud regional partner of Homes for Our Troops, a national non-profit organization that builds mortgage-free homes for severely injured post-9/11 veterans and their families.

In keeping with our commitment to veterans and military families, YPNVA has made a personal goal to raise $10,000 in 10 weeks from July 4th through September 5th. YPNVA supports the valuable work of Homes for Our Troops in offering specially adapted homes for our veterans and their families who have offered so much for our nation.

DONATE TODAY! Scan QR code

Your support is key.

Your gift to this YPNVA initiative in partnership with the Virginia Association of REALTORS® and Homes for Our Troops will help ensure that homes are built for Virginia heroes and that REALTORS® have the opportunity to impact their

select

Virginia Association of REALTORS®

communities. Every REALTOR® can make an impact; even one dollar makes a difference to this important cause.

Or donate at

myhfotusa.org/virginiarealtors

Profiles FOR MORE INFORMATION

Contact Jenny Wortham, VAR Director of Community Outreach at jenny@varealtor.com.

/communitymatters

Virginia REALTORS® offer direct financial aid to victims of February tornadoes

By Jenny Wortham, Director of Community Outreach As we often do for our neighbors, REALTORS® have stepped forward to help Virginians in need. Together with the local associations in impacted areas – the Lynchburg, Southside Virginia, Northern Neck, and Chesapeake Bay and Rivers Associations – the Virginia Association of REALTORS® was awarded $50,000 by the national REALTOR® Relief Foundation to support Virginia residents affected by the destructive tornadic storms in late February of this year. Responding to the ongoing need of rehousing those who were displaced by damage and loss, VAR is working with members, local associations, and local governments to identify those in need and administer funds. Resources are available now to residents in the affected communities, with an online application process

to seek direct financial aid. Assistance through this fund is exclusively for housing relief in the areas severely affected and for victims who lost or sustained significant damage to a primary residence. Each applicant is eligible for up to $1,200 in support for either mortgage expense or the cost of temporary shelter due to displacement from a damaged or lost home.

VAR will review applications and issue funds directly to eligible residents until the money is fully expended.

For more information, visit varealtor.com/relief. Please help us spread the word by sharing this information with your contacts and clients and by reaching out to residents in need in the affected communities, specifically Appomattox, Sussex, and Essex Counties, and surrounding areas.

Summer 2016 | Commonwealth

33

Profiles

/varteammembers

James “Jim” Hopper General Counsel

Jim serves as the chief attorney of the association’s legal department and ensures that all information disseminated to association membership is legally correct and compliant with the law. He and his team provide legal guidance to VAR’s members and other association departments.

“My main role is to ensure that the association is working in compliance with the law in every way. Our legal department strives year-round to provide association staff and members with the best possible legal, ethics, and risk management resources.”

Jim has practiced law for nearly four decades, as a private practitioner and with the Commonwealth of Virginia. Under former Governor Bob McDonnell, he served as the Deputy Secretary for Veterans Affairs and Homeland Security. Subsequently, he became Secretary, following the departure of Terrie Suit. He previously served in the Office of the Attorney General as section chief of both the opinions and local government section and the financial law and government support section.

Anthony Reedy Director of Grassroots Anthony serves as the Director of Grassroots within the Government and Public Relations team at VAR. Anthony’s role is to help local associations increase member participation in the advocacy process and facilitate RPAC political operations.

“One of the key purposes of VAR is to be an advocate for our members before government officials. My responsibility is to make sure our members understand the importance of being involved in advocacy and help them cultivate relationships with policymakers that create effective channels of communication on issues important to our members, their clients and property owners.”

Anthony is a native Virginian and 2005 graduate of Virginia Tech.

He served as a legislative aide to former Virginia General Assembly Delegate Anne B. Crockett-Stark for five years and has held leadership positions in statewide political operations in Virginia and North Dakota.

He and his wife spend their free time searching out places of interest around Virginia and enjoying outdoor activities with their Boxer-mix dog.

34 Commonwealth | Summer 2016

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We possess all of the expertise and resources necessary to fortify your career’s foundation, allowing it to withstand the claims that try to bring it crumbling down.

Highlights include: • Fair housing coverage for defense and damages • Environmental failure to advise protection for residential and commercial transactions • Included mold coverage • Broad protection for Agent-Owned Property Transactions • More no-cost supplementary coverage offerings than any other carrier, including expense coverage for public relations event damages, subpoena assistance, disciplinary protection, and more!

We offer this robust level of protection to VAR members at highly competitive rates. To see just how affordable our coverage is, visit realtors.pearlinsurance.com/Endorsed for a risk-free quote.

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Contact VAR

We’re online at VARealtor.com Our official blog is Commonwealth Daily, at VARbuzz.com If you have questions, we’re ready to help. During normal business days, our office manager is available from 8:30 a.m. to 5 p.m.

Our main phone number is (804) 264 -5033

VAR 2016 LEADERSHIP TEAM Bill White President Joyner Fine Properties Richmond (804) 270-9440 bill.white@joynerfineproperties.com Claire Forcier-Rowe, ABR, ABRM, CRB, GRI President-Elect Long and Foster, Bay/River Sales, Hanover (540) 903-1003 claire.forcier.rowe@gmail.com Jay Mitchell, ABR, ASP, CRB, CRS, e-PRO, GRI, MRP, RSPS, SFR, SRES Vice President Berkshire Hathaway Home Services Towne Realty, Virginia Beach (757) 422-2200 jay.mitchell@BHHSTowne.com Pat Sury, CRB, CRS, GRI, SRES Treasurer Montague Miller & Co. Westfield, Charlottesville (434) 227-4444 sury@ntelos.net Deborah A Baisden, GRI Immediate Past President Berkshire Hathaway Home Services Towne Realty, Virginia Beach (757) 486-500 dbaisden1@cox.net Terrie Suit Chief Executive Officer Virginia Association of REALTORS® (804) 249-5715 terrie@VARealtor.com

36 Commonwealth | Summer 2016

For membership, site login, and dues questions Ask for Amy Hafer, Director of Business Systems amy@VARealtor.com (804) 249-5725 For questions about professional standards and the Code of Ethics Ask for Laura Farley, Deputy General Counsel laura@VARealtor.com (804) 249-5721 If you’re interested in marketing or advertising opportunities Ask for Melanie Roberts, Director of Sales melanie@VARealtor.com (804) 622-7949 If you’d like to have someone speak at your association or brokerage Ask for Lynne Wherry, Director of Association Relations lynne@VARealtor.com (804) 249-5711 If you have comments or questions about Commonwealth magazine or our Web sites Ask for Christine Hodges, V.P. of Marketing & Communications christine@VARealtor.com (804) 525-2947 To find out about conferences, seminars, and professional education Ask for Lili Paulk, Director of Conference lili@VARealtor.com (804) 249-5710 or 249-5704 For information about RPAC Ask for Kathy Felton, Director of RPAC Development Kathy@VARealtor.com (804) 622-7950

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