The TAR Digest: The Membership Newsletter of the Tennessee Association of Realtors
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The 9-23-14 Newsletter of the Tennessee Association of REALTORS
Editor: Pug Scoville


1. Upcoming COURSES & EVENTS
2. TAR Elects 2015 Officers!
3. TAR Award Winners Announced
4. Proposed Rules Regarding Teams
5. 6 Words You DON’T Want To Hear
6. Tennessee’s Got Talent!
7. HOT LINE ADVISORY: Use of TAR Forms
8. HOT LINE: MLS Listing Cancelled, But…?
9. HOT LINE: Legal Requirement of a Termination Date?
10. Check Your Own CE Hours, Etc.

“Life is 10% what happens to you and 90% how you react to it.” — Charles Swindoll

NOTE: If you’re reading this on a mobile device (iPhone, etc.), GO HERE for a mobile-friendly DIGEST.


1. Upcoming COURSES & EVENTS

Sept. 24: GRI 401, Doing the Right Thing (6 hrs. CE) – KAAR Office, Knoxville, TN. For more information or to register, go HERE.

Sept. 25: GRI 402, Staying In Business & Out of Court (6 hrs. CE) – KAAR Office, Knoxville, TN. For more information or to register, go HERE.

Sept. 26: GRI 403, Working More Effectively With Buyers (6 hrs. CE) – KAAR Office, Knoxville, TN. For more information or to register, go HERE.

Sept. 24-26: SAVE $55! If you use our GRI EXPRESS option to enroll in all three of the GRI courses above at the same time, you can save $55! To do so, go HERE.

To see our complete 2014 GRI Schedule, go to: http://www.tarnet.com/education/gri/

Why Should YOU Earn Your GRI? 10 Reasons!

To see upcoming offerings of TREC CORE COURSES, ABR COURSES, etc., – at locations around the state – go to the TAR Calendar at: http://www.tarnet.com/meetings-and-events/calendar-of-events/


2. TAR Elects 2015 Officers!

At the TAR Annual Convention, the TAR Board of Directors elected 2015 officers for the state association. They were all installed at the Convention’s final banquet this past Friday evening and will assume office in the latter part of November, 2014.

Memphis Realtor Pat Beech will be TAR’s 2015 President. Other 2015 TAR Officers will be:

2015 President-elect: Randy Durham, Chattanooga
2015 Secretary-Treasurer: Brian Copeland, Nashville
2015-2016 Division 1 VP: Nancy Guy, Memphis
2015-2016 Division 2 VP: Hagan Stone, Nashville
2015-2016 Division 3 VP: Doyle Webb, Knoxville

Continuing members of next year’s TAR Executive Committee will be: Neal Clayton (Nashville) as Immediate Past President, Division 1 VP Alex Bynum (Dresden), Division 2 VP Chris Garrett (Murfreesboro), and Division 3 VP Sharon Duncan (Kingsport).

Congratulations to all of the newly-elected officers!


3. TAR Award Winners Announced

The TAR Annual Convention also featured the announcement of major Realtor awards for 2014:

Realtor Emil Mongeon (Brentwood) was named TAR’s 2014 REALTOR of the Year, having served his local and state associations so admirably for many years!

Realtor Bobby Wood (Mt. Juliet) received the 2014 Presidential Award for service from 2014 TAR President Neal Clayton.

Realtor Bobbie Noreen (Nashville) was named the 2014 State REALTOR Educator of the Year for her excellent support of educational programs and services!

Memphis Realtor Lewis Marshall was named the 2014 Outstanding GRI Student of the Year.

It is quite an accomplishment to receive a statewide award. When you see any of these winners, thank them for their exceptional service and achievements!


4. Proposed Rules Regarding Teams

REMINDER: As we notified you in the 8-12-14 TAR DIGEST, the Tennessee Real Estate Commission (TREC) has announced a number of proposed rules and rule changes. The proposed rules regarding teams (“Licensees Who Hold Themselves Out as a Team, Group, or Similar Entity Within a Firm“) will be of particular interest to many TAR members, although the proposal would make substantial changes in other areas as well.

To read or download the entire set of proposed rules, you can do so at: http://state.tn.us/sos/rules_filings/08-05-14.pdf

The Rulemaking Hearing is open to all and will be held at 9:30AM on November 5, 2014, in Room 1A at 500 James Robertson Parkway in Nashville.


5. 6 Words You DON’T Want To Hear

Last week the Nashville Business Journal published an article by Ken Cook (“The 6 worst words any businessperson can hear“) with special relevance for real estate professionals.

The six words? “I didn’t know you did that.”

As the author writes: “Those are the six worst words any businessperson can hear. And it’s even worse to hear them from a client who just bought a product or service from a competitor — a product or service we also offer.” So true.

To read the whole article, go HERE.


6. Tennessee’s Got Talent!

The seven finalists have been named for the national REALTORS Got Talent Contest that will take place at the National Association of Realtors (NAR) Convention in New Orleans on Sunday, November 9.

AND …one of those seven finalists (chosen from talented Realtors across the nation) is Tennessee’s own Shannon Selig from Mt. Juliet, an accomplished singer and Realtor member of the Eastern Middle Tennessee Association of Realtors!

Congratulations, Shannon! We’re behind you!


7. HOT LINE ADVISORY: Use of TAR Forms

TAR forms can only be used by members of the Tennessee Association of Realtors. They can be used by Realtors as long as the Realtor is involved in a particular transaction as a party, an agent who has an agency relationship with the buyer/seller/tenant/landlord, or an agent acting as a facilitator. Therefore, the agent MUST be involved in the transaction in some capacity in order for TAR forms to be used. TAR provides a license for its members to use its copyrighted forms. They are NOT permitted to give the forms to the general public unless they are involved in the transaction as described above.

In NO situation are Realtors permitted to sell TAR forms to anyone. This is in violation of TAR’s copyright on the forms. By being a TAR member, you have a right to use the forms in your real estate practice, but you do not have the right to sell the forms under any circumstances.

TAR forms can be given to a FSBO by a Realtor who is working with a buyer. In that situation, the forms could be completed by the seller without consultation by the Realtor. However, if you are working with a customer (on their behalf without an agency agreement), we recommend assisting them as needed in completing the forms. Otherwise, you could be found to violate Tenn. Code Ann. 62-13-403(a) by failing to exercise reasonable skill and care to the parties by providing them with a form but not being around to assist them with said forms.

NOTE: If you are aware of any unauthorized or improper use of any TAR Forms – as described above – please notify Buzz Steele in the TAR Office.

[SOURCE: TAR's Legal & Ethics Hot Line Attorneys]


8. HOT LINE: MLS Listing Cancelled, But…?

QUESTION: I have recently had a listing that I needed to cancel in the MLS due to illness of the seller’s mother. The listing term in our agreement was six months, and the seller and I have NOT cancelled this agreement. However, since the listing was cancelled in the MLS, the seller has received numerous solicitation calls from other agents (one even called her mother, who is on the Do-Not-Call list). Because the listing was shown as “cancelled” (and not, for example “expired”), isn’t this solicitation practice potentially in violation of the Code of Ethics unless the listing agent is contacted and it’s verified that the listing agreement is in fact not still in effect?

ANSWER: It may. This will largely depend upon the classifications that your MLS uses – i.e., what does “canceling” it in the MLS mean? It will also depend upon how the local board interprets Article 16 and some of its standards of practice.

Article 16 states:

“Realtors shall not engage in any practice or take any action inconsistent with exclusive representation or exclusive brokerage relationship agreements that other Realtors have with clients.”

Standard of Practice 16-4 states:

“Realtors shall not solicit a listing which is currently listed exclusively with another broker. However, if the listing broker, when asked by the Realtor, refuses to disclose the expiration date and nature of such listing, i.e., an exclusive right to sell, an exclusive agency, open listing, or other form of contractual agreement between the listing broker and the client, the Realtor may contact the owner to secure such information and may discuss the terms upon which the Realtor might take a future listing or, alternately, may take a listing to become effective upon expiration of any existing exclusive listing.”

Standard of Practice 16-9 states:

“Realtors, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service.

The problem in this situation is that the property was removed from the MLS. It could be difficult for the other agents to determine whether the home was still subject to an exclusive listing agreement. Ultimately, it will be up to the local board to determine what “reasonable efforts” would be in this situation.

[SOURCE: TAR's Legal & Ethics Hot Line Attorneys]


9. HOT LINE: Legal Requirement of a Termination Date?

QUESTION: In the 8/26 TAR Digest, you mention offers and counteroffers needing a termination date. Where in the law can I find this requirement?

ANSWER: Pursuant to Tenn. Code Ann. 62-13-312(b)(9), an agent can be disciplined for “Using or promoting the use of any real estate listing agreement form, real estate sales contract form, or offer to purchase real estate form which fails to specify a definite termination date.”

This would cover both offers and counter offers since counter offers are basically offers back to the seller.

[SOURCE: TAR's Legal & Ethics Hot Line Attorneys]


10. Check Your Own CE Hours, Etc.

To check your CE credits on file with TREC, go to: http://verify.tn.gov

To go to the TAR website: http://www.tarnet.com

To access current and past TAR DIGESTS: http://www.tardigest.com

Follow TAR on Twitter at: http://twitter.com/tnaor

TAR’s LinkedIn page: http://www.linkedin.com/groups?gid=852077&trk=hb_side_g

TAR’s page on Facebook: http://www.facebook.com/pages/Nashville-TN/Tennessee-Association-of-RealtorsR/15041383689

To ask a TAR Legal and Ethics Hot Line question: http://www.tarnet.com/services-support/legal-ethics-hotline/

For CE classroom courses around the state, go to: http://www.tarnet.com/education/realtor-courses/

For online CE courses, go to: http://www.tarnet.com/education/online-courses/

Tennessee Real Estate Commission: http://tn.gov/regboards/trec/


 

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