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October 2002 Newsletter



A Message from Your President

Can I Improve Myself? .... Should I?
By Joel Pautsch

Have you heard the phrase "If you are not moving forward you are actually falling behind"? This is true in many aspects of our lives but I want to focus on your real estate training and education. When is the last time you took a course (not counting the mandatory CE class you may have slept through)? I'm talking about a class that inspired you or caused you to think creatively about how you can improve your business practices to better serve your clients!

Excuses, excuses, excuses! Don't fall into the trap that you've "learned it all" or "don't have time" or that "there are no good classes available". Don't kid yourselves! Remember: 1. We all have plenty to learn. 2. We all can "make" the time if we make it a priority and 3. There are tons of opportunities out there if you just look!

Excitement! Learning generates excitement as we see new possibilities and opportunities. I was reminded of this while attending the MAR Annual Convention in Ocean City in September where I saw a group of over 350 agents from the Rookie REALTORŪ Society meet together for lunch. This group, formed by MAR, has been getting together monthly to network, share stories and learn new ideas on improving the way they do the real estate business! That's a lot of excited agents that you are either already working and competing with, or will be soon!

Danger, danger, danger! What's great about real estate is that it isn't boring! What's scary is that what you don't know can hurt you! There are always new laws, difficult situations and different people that keep us challenged, to say the least! However with these situations we need to be well armed to deal with the changes. If we aren't engaging in an effort to improve ourselves we will not be prepared to succeed! Of course, you don't have to take any classes other than what's mandated by the state but if you don't you'll soon be passed by and look as if you are going in reverse! Remember to ask yourself, how do I look in stripes?!

Here are some suggestions for classes available that can be very helpful in advancing your career:

CRS courses available throughout the state. Check CRS.com for dates and locations. Great source of referrals as well and the CRS designation stands out in the public as one of the best you can get!

GRI available at MAR and through AACAR for all agents. Great designation counts towards getting your Associate Brokers license!

Rookie REALTOR® Society for agents in the business from 0-4 years. For more information call MAR or visit their web page at http://www.mdrealtor.org. This group meets once a month, and there isn't even a charge for joining! I wish I would have had this available to me when I was new!

Although there are still 10 months until it happens, AACAR's Annual "Real Estate Now" Convention is a great opportunity for networking and getting up to 6 hours of CE!

Learn the secrets of working by referral through Joe Stumpf or Brian Buffini at half day seminars around the area.

There are many, many more but you've got to search them out and not be afraid of trying something new. Find out what classes or training other agents in your office are taking and see if it might not be something you can or should be doing!

So, in summary, can you improve yourself, or is it too late? I don't adhere to the adage that "You can't teach an old dog new tricks", - I believe it just depends on the dog! I have great confidence that all of us can still learn a "new trick" or two. By constantly doing so we can add years of life to that ol' puppy!


You Be The Judge

Case #2-5: Ascertainment and Disclosure of Pertinent Facts (Revised Case #9-11 May, 1988. Transferred to Article 2 November, 1994.)

Mrs. A, a retired college professor, came to the office of REALTOR® B, a cooperating broker, in search of a large house in which she could occupy a small apartment, using the remainder of the building to operate a residential club for graduate students. What she had in mind was a deluxe "rooming house" in which the tenants would have use of a parlor, dining room, kitchen, and laundry. She felt confident, from previous experience in the community, that she could obtain from 10 to 16 "roomers", and indicated that she would be guided in her charges to the tenants by the amount of mortgage payments she would have to make.

Most of the large houses on the market were inadequate. Finally, REALTOR® B located a massive old mansion listed with REALTOR® C that appealed to Buyer A. After repeated visits to the house and after discussing financing with a local lending institution, Buyer A said she was interested in the house if it could accommodate as many as 11 tenants. REALTOR® B accompanied her for another inspection to check on this point.

By planning double occupancy of the large bedrooms she found she could accommodate eight roomers. In addition, there were three small rooms upstairs that had been used for storage which REALTORŪ B suggested might make acceptable single rooms. Buyer A agreed, and the sale was made.

Two months later, the buyer filed a complaint with the local Board, charging REALTOR® B with failing to disclose pertinent facts. The complaint alleged that REALTOR® B knew the buyer was taking on a substantial obligation with the expectation of housing 11 persons in the structure; that REALTOR® B had suggested that three rooms might make acceptable single rooms; and that she had been subsequently advised by the building department that these rooms could not be used as dwelling rooms since the windows were too small to meet code requirements. She had been advised that it would cost $1,480 to replace the windows. She charged REALTOR® B with negligence in not advising her of this deficiency. After reviewing the complaint, the Grievance Committee referred it for hearing before a Hearing Panel of the Professional Standards Committee.

At the hearing, REALTOR® B acknowledged the facts set out in Buyer A's complaint, but advised that the complaint did not state all of the relevant facts. With respect to the house in question, as with many other houses shown to Buyer A, he had made a special check at city hall as to zoning regulations to be sure that the kind of occupancy intended by the buyer would be lawful; that the buyer's specifications were unusual and that in attempting to meet them, he had devoted an unusual amount of time and effort to help her realize her objective; and that he had acted in good faith and had not deliberately failed to disclose any pertinent fact but had, in fact, urged the buyer to consult with an engineer and to check with the zoning authorities prior to making an offer to ensure that the property could be utilized as a residential club. The Hearing Panel found that REALTOR® B had satisfied his duty to the buyer by recommending that the advice of experts be sought out and considered by the buyer prior to making an offer to purchase.

REALTOR® B was found not in violation of Article 2


MAR Convention

by Joel Pautsch

For those of you who didn't attend but want to live vicariously through the lives of others, here is a 30 second overview of what you would have learned or done had you been there!

You missed an opportunity to participate in or have an influence on:

  1. Sun: Our golf contingent coming in 2nd in the tournament. (Hang in there, it gets better)

  2. Discussions on MAR's new formula for raising dues.

  3. Briefing from the Maryland Real Estate commission raising the possibility of raising fees.

  4. Overview of changes to the MAR contract of sale and addendums to include an escalation clause addendum. These will soon be available direct from MAR's web site!

  5. Preview of a member benefit and discount card coming out soon.

  6. Discussion on home insurance issues and how it affects your clients.

  7. Anne Arundel getting its own district which gives us a greater voice at MAR.

  8. Seeing Connie Morrissette being awarded the REALTORŪ of the Year award for Anne Arundel County.

  9. Tons of classes from CRS course to investment, to fair housing to technology classes.

  10. Great trade show with lots of vendors and free stuff. I even won cash at the Coldwell Banker booth!

  11. Over 350 Rookie REALTORSŪ from across the state coming to a luncheon in their honor. This is one motivated group!

  12. The biggest attendance ever at our convention.

  13. Missed getting to go to the RE/MAX party at Seacrets! (If you were lucky enough to get a ticket)

  14. The installation of Joanne Poole as Secretary on the board of directors at MAR. She's going to probably be President someday soon!

And that's about all. I'm sure I missed something but it was a great convention.


Permitted Temporary Signs

Due to the number of complaints received concerning improper use of temporary signs in Anne Arundel County, we are re-printing the list of permitted signs:

  • Special Event or Special Sale Sign with approval of Planning and Zoning Officer for five(5) events or sales per year up to 30 days prior to event or sale. Must be removed within 7 days. Dimensions: 9 sq. ft. maximum in residential zones; 24 sq. ft. in other zones; 12 ft. max. height.
  • Civic or Community sign up to 30 days prior to an event. Must be removed within 7 days. Size and height same as special event or special sale sign.
  • Political sign posted no more than six months prior to an election. Must be removed within 7 days. Dimensions: 9 sq. ft. in residential zones; 24 sq. ft. in other zones.
  • Residential Real Estate sign for single family dwelling or individual lot - one sign, to be removed within 30 days after settlement or lease. Dimensions: 4 sq. ft. max., 4 ft. max. height.
  • Offsite Directional Real Estate sign - Maximum of six signs allowed weekends only (Saturday 9 a.m. - Monday 9 a.m.). Signs should include name, address, and telephone number. Dimensions: 48 sq. ft., 10 ft. max. height.
  • Residential Real Estate sign for multifamily sale, rental or lease - one sign removed when 90% of units are sold or leased. Dimensions: 48 sq. ft., 10 ft. max. height.
  • Residential Real Estate sign for 10 acre minimum undeveloped tract or subdivision - one sign for each road frontage , removed within 30 days after settlement. Dimensions: 48 sq. ft., 10 ft. max. height.
  • Residential Construction sign for subdivision - one sign allowed. Dimensions 48 sq. ft. by 10 ft.
  • Residential Construction sign for single family or multi-family structure permitted during construction, to be removed when Certificate of Occupancy (CO) is issued - one sign. Dimensions: 9 sq. ft., 6 ft. height for single family structure; 32 sq. ft., 10 ft. height for multi-family structure.
  • Off-site sign for major subdivision if placed at closest intersection of collector or arterial - one sign, to be removed when 90% of lots/units have been sold/leased. Dimensions: 15 sq. ft. area, 8 ft. max. height.
  • Farm sign for sale of agricultural products produced on premises - two (2) signs allowed, to be removed during off-season. Dimensions: 20 sq. ft. area, 8 ft. max. height.
  • Commercial Real Estate sign for sale, rental or lease of building - one sign, to be removed within 30 days after settlement or lease. Dimensions: 12 sq. ft. max. area.
  • Window Advertising sign for retail businesses occupying no more than 30% of window area.
  • Commercial Real Estate sign, freestanding, for sale, rental or lease - one sign per road frontage, removed within 30 days after lease or settlement. Dimensions: 24 sq. ft. with road frontage less than 500 ft; 64 sq. ft. with frontage greater than 500 ft., 10 ft. max. height.
  • Commercial Construction sign in commercial, industrial or marina district, removed upon issuance of Certificate of Occupancy (CO) - one sign, 48 sq. ft. max area, 10 ft. max height.
  • Commercial Construction sign in Planned Commercial or Planned Industrial Complex - one sign allowed, removed within 90 days of final inspection of building. Dimensions: 200 sq. ft. max. area, 20 ft. max. height.

For further information contact: Anne Arundel County Zoning Administration at 410-222-7437, or Zoning Enforcement at 410-222-7446.


URGENT - New Requirement Oct. 1, 2003

Margaret Woda, Chairperson of the Forms Committee, wants to remind everyone that:

A new disclosure notice MUST be included with every contract for single family residential dwellings in Anne Arundel County, effective October 1. This notice will be included in the next ProForms update as part of the Anne Arundel County Addendum which you already use with every contract (or should). Until that is available, you may pick up the form at the Association or simply add the following wording to your Contract of Sale:

REQUIRED NOTICE - ANNE ARUNDEL COUNTY LAND-USE PLANS. The buyer fully understands that in order to become more fully informed of the current and future land-use plans, facility plans, public works plans, school plans, or other plans affecting the property or area, the buyer should consult the appropriate County agency or County Internet web site for information regarding these plans. This notice is required under Section 10-703 of the Real Property Article, Annotated Code of Maryland, for any Contract of Sale for single family residential real property in Anne Arundel County which is improved by four or fewer single family units. Local laws requiring disclosure to home buyers of substantially similar information, if any, shall prevail over this notice requirement.


New Members

Compiled by Carole Davis, Membership Secretary
August 14, 2002 - October 2, 2002

Affiliate Members

    Altevogt, George — First Mariner Mortgage, Baltimore

REALTOR® Members

    Arbabi, Shahrzad — Coldwell Banker Res. Brk. Lin., Linthicum
    Ballas, Jessica L — Re/Max Innovations 01, Gambrills
    Bernard, Brad S — Anne Arundel Properties Inc.01, Annapolis
    Brunt, Cynthia S — Champion Realty 01 SP (RES), Severna Park
    Burns Manuel, Kippy — Coldwell Banker Red. Brk Anna, Annapolis
    Carcillo, Tina — Coldwell Banker Red. Brk Anna, Annapolis
    Carnes, Kevin C — Long & Foster R.E. 12 S.P., Severna Park
    Chochos, Tammy — Long & Foster R.E. 12 S.P., Severna Park
    Crockett, Yvonne T — Homefinders.Com, Inc., Columbia
    Cymek, Rebecca A — Champion Realty 06 Glen Burnie, Glen Burnie
    Deck, Marion E — Champion Realty 08 College Pkw, Annapolis
    Downs, Anika — Long & Foster R.E. 12 S.P., Severna Park
    Fakinlede, Solomon A — Long & Foster R.E. 02 Crofton, Crofton
    Fitzgerald, II, Garrett — W.F. Chesley Real Estate, Inc., Crofton
    Gibson, Beverly J — Long & Foster R.E. 02 Crofton, Crofton
    Goodnight, Kevin R — Choice Properties. Inc., Crofton
    Groves, Maria — Re/Max Ideal Properties, Annapolis
    Habermehl, James — Homefinders.Com, Inc., Columbia
    Hargett, Christine M — Champion Moss Realty Odenton
    Harris, Marcus R — Long & Foster Real Estate, Baltimore
    Hastings, Dawn A — Coldwell Banker Res. Brk. Pasa, Pasadena
    Hay, James A — Home Professionals, Inc., Annapolis
    Henderson, Michael — Fairfax Realty, Silver Spring
    Jan, Sara — Champion Realty 08 College Pkw, Annapolis
    Kraus, Frances R — C21/Results, Baltimore
    Littleton, John E — Homebuyer Solutions, Inc., Annapolis
    Martel, Kim M — Coldwell Banker Res. Brk. Ctn., Catonsville
    Martin, IV, John H — Re/Max Exclusive, Hanover
    Nichols, Dawn M — Long & Foster R.E. 32 Pasadena, Pasadena
    Orebamjo, Ayodeji O — Long & Foster R.E. 40 Catonvle, Elkridge
    Pearson, Paula M — Champion Realty 03 Annapolis, Annapolis
    Quigley, Ronald E — C21/Anthony Gavern Realtors, Glen Burnie
    Rice, Eric W — Ricker Brothers Realty, Chestertown
    Ricker, Mark S — Ricker Brothers Realty, Chestertown
    Riggleman, David — Long & Foster R.E. 12 S.P., Severna Park
    Salkeld, Jonathan — Re/Max Classic, Pasadena
    Schragger, Louis M — Prudential Carruthers Realtors, Annapolis
    Scott, William J — Mona Group, Annapolis
    Sears, David E — C21/Schwartz,H.T. Brown, Deale
    Severin, Robert — Champion Realty 03 Annapolis, Annapolis
    Smith, Richard D — Coldwell Banker Res. Brk. Lin., Linthicum
    Smith, Lynda — Champion Realty 08 College Pkw, Annapolis
    Strange, Bruce L — Long & Foster R.E. 40 Catonvle, Elkridge
    Trumbull, III, Jack — Champion Realty 09 Crofton, Crofton
    Verdugo, Dawn H — Long & Foster R.E. 02 Crofton, Crofton
    Waltrip, Yvonda R — Long & Foster R.E. 02 Crofton, Crofton
    Ward, Richard — Bernie Schultz Realty, Annapolis
    Webb, Tyler G — Champion Realty 03 Annapolis, Annapolis
    Weiskerger, James — Re/Max Acclaimed, Timonium
    Wells, Dottie — Long & Foster Real Estate, Mt. Airy
    Woods, Sheryl Y — Coldwell Banker Red. Brk Hano, Hanover
    Young-Espeut, Judith — Coldwell Banker Red. Brk Anna, Annapolis


Polybutylene Plumbing Replacement

Homeowner with polybutylene (PB) plumbing either inside their homes, or outside for yard service lines, may qualify for a free replacement of their plumbing system, advises the Consumer Plumbing Recovery Center. Under the terms of a class action settlement between consumers and PB pipe manufacturers and raw material suppliers, systems that qualify for replacement must have been installed between January 1, 1978, and July 31, 1995. PB systems are distinguished by flexible, gray plastic pipes joined by plastic or metal insert fittings held in place by small aluminum or copper bands. PB pipe should also not be confused with PVC or CPVC products that are rigid and white or off-white plastic.

For photos, and more information, go to Consumer Plumbing Recovery Center (CPRC) - www.pbpipe.com.


AACAR Annual Membership Meeting

The annual membership meeting and officer election will be held with the Distinguished Sales Achievement Club at Chartwell Country Club, on November 15, 2002. It will include breakfast, and the guest speaker will be Bill Barrett "How to Live and Breathe Real Estate, and Still Live and Breathe". Cost is $20 to AACAR members, free to paid DSAC members.

Reserve your space now at rsvp@dsac.org or call Thomas Hough to rsvp at 410-544-5005.


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