DECEMBER 2008 - REALTOR Association Of Sarasota And

Andrew Vac – 2008 Meritorious Service AwardAndrew Vac was the Realtor selected for this honor forhis long and valued service to the Sarasota Association ofRealtors and to his fellow Realtors . He has been a memberwhose service has been both consistent and valuable formany, many years, and his dedication to personal professionaldevelopment has also been commendable.Andrew has served on SAR’s Facility Task Force, ProfessionalStandards, the Nominating Commirttee, Sales and MarketingCommittee, and Professional Standards. He also acts as agrievance mediator, and has always promoted the importanceand professionalism of SAR.Since becoming a Realtor in 1987, Andrew has consistentlymaintained a multi-million dollar sales volume, increasinghis production annually. But beyond his personal businessachievements, Andrew has been highly involved in theSAR Orientation Program for many years. A Dale CarnegieInstructor and with his motivational seminars, he has assistedthousands of individuals in leading a more productive,fulfilling and successful life.Locally, Andrew is involved with the community, as pastPresident of the St. Armand’s Resident Association and pastPresident of the Sarasota Association of Realtors . He alsoserves as a Director on the Boards of many local and statecharities and community organizations. Andrew believes ingiving back to his community that has supported him sincerelocating to Florida in 1980, and feels his connection withthese groups has established another source of important andaffluent clientele.Peter Crowley – 2008 President’s AwardPeter Crowley, broker with the RE/MAX Alliance Group,was selected by SAR President Helen Sosso as recipient of the2008 President’s Award. The President’s Award is personallychosen by the SAR President, and represents the person thePresident feels most embodies the Realtor spirit and hascontributed and supported the President and President’s goalsfor the past year.This award was based primarily on Peter’s work involvingthe five southwest Florida real estate associations joining upwith the Mid-Florida Regional MLS. He was instrumental inhelping to achieve the long-standing dream of regionalizationof the MLS systems of Sarasota’s neighboring real estateassociations.Peter was selected as the representative of the five boardsin their negotiations to join and contract with the existingMid-Florida Regional MLS system. In his role, he was deeplyinvolved in the process that finally led to the completedagreement, which allows SAR members to now enjoy accessto a regional database of property listings, while paying feescomparable to the cost of the old Sarasota MLS service.He currently serves as the SAR representative on theMFRMLS Board of directors.Join the SAR in honoring these outstanding award winnerson Thursday, Dec. 11 at 6 p.m. at the SAR InstallationBanquet at Michael’s On East.

Final approval granted to DOJ-NAR settlementU.S. Federal District Court Judge Matthew F. Kennellyon Nov.18 gave final approval to the settlement announcedearlier this year between NAR and the U.S. Department ofJustice over the display of MLS listings on brokers’ virtualoffice Web sites.The final judgment, which affirms the favorable provisionsagreed to by NAR and DOJ on May 27, preserves the MLS asa means of broker-to-broker cooperation. “This compromisewill ensure that MLSs are used for what they were originallyintended, to help real estate professionals find buyers forpeople who want to sell their homes,” says NAR GeneralCounsel Laurie Janik.Under the final settlement, all MLSs must adopt the 2008VOW Policy without modification and amend certain sectionsof their Model VOW Rules. Associations and MLSs will alsobe required to make changes to their bylaws. MLS executiveswill be asked to complete and send to NAR by Feb. 15, 2009,a form certifying that the changes were made.Complete details on these actions are available at this timeon Realtor.org and will be included in a package to AEs andMLS executives from NAR Legal Affairs sent by regularmail next week. Among the resources to look for, online andin next week’s letter, are a cover letter from NAR GeneralCounsel Laurie Janik and copies of the final modified VOWPolicy and Model VOW Rules.“In addition to adopting the new policy, bylaw provisionand rules, it is important that the MLS act consistently withthe policy and rules and enforce the rules in a uniform andeven-handed manner,” says Janik. “It is also important thatthe MLS not adopt any other policy or practice that governsbrokers in their operation of VOWs.”NAR: ForSaleByOwner.com statement misleadingA press release issued Nov. 12 byForSaleByOwner.comcontainedinaccuracies and misleading statementsabout its ability to place unlisted for-saleby-owner information on REALTOR.com, the official Web site of the NationalAssociation of Realtors .REALTOR.com is operated by MoveInc.NAR and REALTOR.com are settingthe record straight with the followingclarifications: The settlement agreement betweenNAR and the Department of Justicemade no provision to allow unlistedproperties, such as “for-sale-by-owner,”to be posted on REALTOR.com. ForSaleByOwner.com does not inany way enable home sellers to advertisetheir home on REALTOR.com withoutbroker representation. Every propertyon REALTOR.com must be listed by alicensed real estate broker. REALTOR.com has not s Showcase ListingsEnhancement package. There is no relationship betweenForSaleByOwner.com and REALTOR.com. There are no unrepresented homeson REALTOR.com—every propertyon REALTOR.com must be listedby a licensed real estate broker, andunrepresented properties would notqualify to be submitted to a REALTOR owned and operated MLS.REALTOR.comhasaskedForSaleByOwner.com to issue aretraction. ForSaleByOwner.com didnot discuss in advance the statementsin their press release with REALTOR.com nor did they request or receivepermission to use the REALTOR.comname in their press release. —NARShort sales and the Foreclosure Rescue Fraud Prevention Act clarifiedDoes Florida’s new Foreclosure Rescue Fraud PreventionAct (F.S. 501.1377) prohibit real estate licensees from beinginvolved in short sales? According to Florida Attorney GeneralBill McCollum in a letter to FAR President Chuck Bonfiglio,the answer is no, provided the only compensation soughtby the licensees is the commission on the sale. The new law,which took effect Oct. 1, 2008, seeks to protect homeownerswho face the threat of foreclosure from individuals who wouldprey on them.McCollum’s interpretation is based on the followingscenario: A licensee secures a listing agreement on a homefor sale, ascertains that the fair market value of the home is8DECEMBER 2008less than the loan amount, and lists the property at the loweramount. If a buyer agrees to pay less than the loan amount,the licensee then asks the lender to accept the lesser amountin order to avoid foreclosure.“As long as there is no upfront or other fee for the negotiatingservice other than the normal real estate fee charged for thesale of the property, that activity [participating in a shortsale] would not appear to fall under the provisions of F.S.501.1377,” according to McCollum.Questions? Contact FAR’s Legal Hotline at (407)438.1409.Sarasota Realtor Magazinewww.sarasotarealtors.com

President-Elect Barack Obama (shown at the pre-election rally at Ed Smith Stadium in Sarasota) and his newadministration will inherit the housing and economic downturn, and NAR is asking for consideration of their plan.Realtors tell Congress increased housingdemand will stabilize the marketIn a statement to the House FinancialServices Committee in late November,the National Association of Realtors recommended a four-point plan tostimulate home sales and stabilizehousing valuations.You can take action by visiting thefollowing web page:h t t p : / / t a k e a c t i o n .re a l t o r a c t i o n c e n t e r. c o m /campaign/4pointplan“The only way to overcome today’seconomic turmoil is to motivate andencourage worried or cautious housingconsumers to enter the marketplace,”said NAR President Charles McMillan, abroker with Coldwell Banker ResidentialBrokerage in Dallas-Fort Worth.“Stabilizing the housing market willlead to a quicker and greater economicrecovery. Our goal is to ensure there is awww.sarasotarealtors.comhealthy market and sufficient capital tosupport mortgage lending to qualifiedborrowers.”NAR developed the plan forconsideration by the current lameduck session of Congress, and forthe 111th Congress and the newadministration. The four-point plan’sprinciples are consumer-driven to helpfoster a housing recovery to supportan economic rebound. The plan callsfor eliminating the repayment of thefirst-time home buyer tax credit thatwas passed in the February stimulusbill, and to expand the tax credit toinclude all home buyers. The plan alsorecommends making the increased FHAand conventional loan limits permanentto stimulate home sales and stabilizeprices. In addition, the plan urges thatthe Troubled Asset Relief Program beput back on track by targeting the fundsSarasota Realtor Magazinefor mortgage relief through a mortgageinterest rate buy-down. Finally, the planrecommends finalizing legislation toprohibit banks from entering into thebusiness of real estate brokerage andproperty management.“The federal government must ensurethere is sufficient capital to supportmortgage lending not only in strongmarkets but also in tumultuousones,” said McMillan. “Realtors arefrustrated with the current mortgagelending environment that places avariety of barriers on families who wishto buy a home, impeding sales andprice stabilization. We look forwardto working with the Congress and thenew administration to transition out ofcurrent instabilities and move towardstrong and stable financial and housingmarkets.”DECEMBER 20089

Governmental Affairs10New Year’s Resolutions can makepolitical discourse more enjoyabletBy Marc Mansfield,Governmental Affairs DirectorThe election season is officially finished. No more political commercials, phone calls or visits toyour door.We can all breathe a sigh of relief. The holidayseason is fast approaching and our minds beginto wander just a little from work related issuesand more toward the challenge of how to pay forall those gifts we will purchase in the upcomingweeks.Once we have that figured out (which generallymeans paying off the credit cards in January-ouch!), we then briefly review the past year andmove forward planning for the upcoming newyear. Personal Accountability – I wish peoplewould accept responsibility for their actionsrather than conveniently blame someone else fortheir troubles.Building successful andvibrant communities is a hugechallenge. We need solutionsto a complex set of challengeswhich require leadership,community participation,cooperation and, mostimportantly, compromise. Economic Growth and Development – Highunemployment numbers, lower tax revenues anda shrinking economy. 2008 has not been abanner year for our local area.Building successful and vibrant communities isa huge challenge. We need solutions to a complexset of challenges which require leadership,community participation, cooperation and, mostimportantly, compromise.Creating well paying jobs and providing anopportunity for our children should be a given. Social Interaction – We spend far moretime with folks that agree with us rather thanspending much more time with those thatdisagree with us. We could all learn and benefitfrom those discussions.That of course requires those dreadedresolutions that for the most part, once stated,are never re-visited!So, in the spirit of the holiday season I leaveyou with my 2009 New Year Resolutions in noparticular order of importance or significance: Great Volunteers – Many thanks to all thewonderful volunteers who have served SARin some capacity during 2008 and thanks inadvance to those who will serve in 2009.We couldn’t do it without you! Intergovernmental Relations – I wishfor better relations between the county andmunicipalities during 2009. There are seriouseconomic and fiscal challenges facing our area.Elected officials should start working together tosolve these problems. That requires leadershipand checking egos at the door.The end of 2008 is fast approaching. Take amoment to celebrate your successes and reflectupon your failures, and let’s all vow to make2009 an even better year.May you and your families all have a happyand safe holiday season.DECEMBER 2008Sarasota Realtor Magazinewww.sarasotarealtors.com

The end of 2008 is fast approaching. Takea moment to celebrate your successes andreflect upon your failures, and let’s all vow tomake 2009 an even better year.www.sarasotarealtors.comSarasota Realtor MagazineDECEMBER 200811

The Commercial Investment Division (CID) of SAR collected more than 12,500 in profits from the CID AnnualGolf and Dinner at The Ranch event this year, and contributed all of the money to two local organizations Construction Technology Careers, and JOY (Joining Our Youth). At top, CID board members, led by 2008 PresidentDan McLeroy, present a 6,250 check to Tish Fitzgerald, representing JOY, while below Dan presents a check in thesame amount to Kristey Richardson, CTC Coordinator. See More CID news on pages 18-19.12DECEMBER 2008Sarasota Realtor Magazinewww.sarasotarealtors.com

Surge of Support for Veterans helps wounded warriorsIt all started on June 27, 2008 when SAR’s CommunityOutreach Committee held a “Surge of Support” forum at theHilton Garden Inn.Actually, it all started months earlier, when the committeefirst began meeting in early 2008 and began to formulate thecampaign in support of veterans.The event served as the “formal” kickoff for a very successfulfundraising campaign to benefit wounded warriors (injuredsoldiers returning from both Iraq and Afghanistan) andmilitary veterans.SAR and the committee appreciates all of the individualswho attended the event in support of our military as well asthose who contributed funds at the weekly Power MarketingMeetings and through the SAR website.Thanks to your donations and a match of funds by the SARBoard of Directors, SOS raised close to 12,000.With this money, the SAR Community Outreach Committeehas elected to make contributions to five separate projects thatthe group believes will benefit these brave men and women:1. The purchase of a Wii video game system along with alarge screen television to be donated to the James A. Haley VAMedical Center physical therapy department.2. A financial contribution representing a six monthsponsorship to the Adaptive Golf Association – a nonprofit organization that assists in the development andimplementation of rehabilitative and therapeutic golf-basedprograms.3. A financial contribution for the purchase of newfurniture for the community room at The Haley House, anoff-site residence for family members who are visiting theirsons/daughters, husbands/wives, or mothers/fathers who arepatients at the James A. Haley VA Medical Center.4. Two donations to the James A. Haley VA Medical Centerto contribute toward their Veterans Day BBQ and sponsortheir Holiday dinner in December.5. The purchase and distribution of holiday gifts – morethan 400 Tervis Tumblers with the inscription:Happy Holidays! We appreciate you!Sarasota Association of Realtors – SOS 2008The 2008 SAR Community Outreach Committee consistedof:Gigi Silverberg, Sandy McCourtney, Sue Kirk, DebbieWolfinger and Cindi Jackson.Defense Department marks Warrior Care MonthThe U.S. Defense Departmentobserved November as Warrior CareMonth, and officials asked wounded, illand injured service members and theirfamilies to respond to a survey designedto assess the programs and services theyreceive.Two Military Health Systemquestionnaires, one for service membersand another for their family members,solicited feedback about satisfactionwith the care and services provided.All responses to the online surveysare anonymous to encourage honestassessments, officials said.The questionnaires are part of DefenseSecretary Robert M. Gates’ focus onproviding the best care possible forwounded warriors and their families.“I take the issue of wounded warriorspersonally,” Gates told woundedwarriors and families of wounded andfallen troops who attended last month’sWounded Warriors Family Summit.www.sarasotarealtors.com“I will repeat here the pledge I madeto myself, to Congress and to countlessmoms and dads, husbands and wives,”Gates told the group. “Other thanwinning the wars we are in, my highestpriority is providing the best possiblecare for those who are wounded incombat.”With that goal in mind, Gatesdirected Defense Department leaders toreview all programs affecting wounded,ill or injured servicemembers and theirfamilies to identify best practices thatcan be more broadly applied.Support for wounded warriors andtheir families has improved continuallysince the beginning of operationsEnduring Freedom and Iraqi Freedom.“Yet we know there is still more thatcan be done,” he said. “Each individualand each family has specific needs, andour goal is always to provide serviceswhich meet or exceed the expectation ofthose we serve.”Sarasota Realtor MagazineHe encouraged wounded warriors andtheir families to respond to the survey tohelp Military Health System leaders geta clearer picture of where they stand inmeeting their needs and expectations.The questionnaires are posted at:w w w. h e a l t h . m i l / Pa g e s / Pa g e .aspx!ID 18.Gates assured participants in the firstWounded Warriors Family Summittheir concerns – expressed directly orthrough the survey -- won’t fall throughthe cracks with the upcoming changeof administration. He promised to“continue to press forward with a senseof urgency” to provide top-level careand support for wounded warriors in away that lays groundwork for the nextadministration’s leaders to build on.DECEMBER 200813

Ethics in Action14Realtor wasn’t at fault for takingclient away from fellow agentrRealtor A, on his way to his office, noticed the deteriorated condition of a “For Sale” sign postedon an unimproved site bearing the name of Realtor B. He remembered that Realtor B’s “ForSale” sign had been on that site for a considerable period of

The 2008 Realtor of the Year is Laura Benson, who this year led the SAR Public Policy Committee, while at the same time campaigning for election to the Florida Legislature. While Laura was defeated in her election bid, she was a big winner in her efforts on behalf of the SAR. The Realtor of the Year award is based on the members’