FOR BETTER OR WORSE Working with Divorced Sellers - Texas REALTORS
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Will FIRPTA apply These credentials can How do you compare Meeting felt unsafe?
to your next sale? p. 20 help your career p. 6 to other members p. 24 Here are options p. 14
November 2020
FOR BETTER OR WORSE
Working with Divorced Sellers
p. 16
SH A PI NG
T E X AS
1920-2020
November 2020
A refreshingly simple way to
manage your properties
20 FEATURE by Arturo Machado
WHAT FIRPTA IS AND
WHY YOU NEED TO UNDERSTAND IT
There’s a good chance you will be involved in a sale where
24
FEATURE
the Foreign Investment in Real Property Tax Act comes HOW DO YOU COMPARE
Residential Commercial Affordable Self Storage Condo/HOA Manufactured into play. Here are the basics you need to know and how TO YOUR PEERS?
this tax law may affect your clients. Check out these highlights
from the 2020 Profile of Texas
REALTORS ® Members to learn
how you stack up in your
Discover what you can do with Breeze Breeze business activities, experience,
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26
Easy setup
FEATURE
Property accounting ✓ ✓ NATIONAL ASSOCIATION OF HISPANIC
Vacancy & prospect tracking ✓ ✓ REAL ESTATE PROFESSIONALS
ILS posting ✓ ✓ NAHREP works to advance sustainable Hispanic
homeownership through advocacy, education,
Online applications ✓ ✓ and facilitation of relationships with industry
Online payments ✓ ✓ stakeholders and professionals. This is part of a
Online maintenance ✓ ✓ continuing series of profiles of multicultural allied
real estate associations.
Email & text communications ✓ ✓ INSIGHTS LEGAL & ETHICS
✓ ✓
COVER: © Inga - stock.adobe.com
Walk-in payments with PayNearMe 3 Chairman’s column: 12 Beware of fair-housing problems
Vendor payments ✓ ✓ You are our greatest asset with letters to sellers
Owner payments & reports ✓ ✓ NAR launches website in Spanish Your Forms: Report of Incident
Live chat support ✓ ✓ 4 Nominate a colleague or program Occurring on Property
Renters insurance† ✓ ✓ for a Texas REALTORS® award Must you have an active real
Resident screening† ✓ ✓ How the association’s ad estate license to receive a
Corporate websites† ✓ ✓ campaign is working referral fee?
Property websites† ✓ 13 Vietnamese translations of some
Online lease execution† ✓ Free shipping of Texas
REALTORS®-branded products real estate forms
“ ✓
Customer relationship management
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Tenant tracking, maintenance
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New TREC license requirement to
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requests and online support …
Rent deferment ✓ 6 Credentials to boost your career
✓
”
Rent control 14 What to do when someone isn’t
I love everything about it! What does the term Latinx mean?
Invoice approval & processing ✓ following safety guidelines
Danielle Drozdek
RB Homes, Inc.
Corporate accounting ✓ 7 The price of lumber is going up Seller’s disclosure signatures:
Customizable financial statements ✓ 8 How to be a trend-spotter
What is required?
Menu-level security ✓ Members save on vehicle rentals SHARE THIS
16
*Minimums apply †Additional fees apply
9 A new accreditation program for 27 REALTORS® give back FEATURE by Lee Nelson
commercial specialists WORKING WITH
Get a free, personalized demo to see why For a win-win negotiation, focus
TAKE 5 DIVORCED SELLERS
Emotions run high and complications
28 Maintain your work-life balance
thousands of companies choose Yardi Breeze on collaboration can arise, but you still can successfully
navigate a listing with divorced sellers.
10 Why is the housing supply so low?
YardiBreeze.com | (800) 866 -1144
November 2020 | texasrealestate.com 1
TEXAS REALTOR
Texas REALTORS ®
Even while sheltering in
®
November 2020-Volume 73-Number 9
place, REALTORS® have
ADVOCACY
CINDI BULLA Chairman of the Board
MARVIN JOLLY Chairman-Elect been advocating to protect
RUSSELL BERRY Secretary/Treasurer
TRAVIS KESSLER CEO
consumers, professionals,
ANGELA BRUTSCHÉ VP of Comm. & Mktg.
MARTY KRAMER Editor-in-Chief
WARD LOWE Assoc. Dir. of Communications
During COVID-19 and the real estate industry.
MICHAEL SCHRANTZ Digital Marketing Manager
JOE OLIVIERI Assistant Editor
JOEL MATHEWS Art Director
JOSHUA BANKS Designer
CHRIS NELSON Graphic Designer Chairman
“ Greetings,
CHANGE OF ADDRESS OR EMAIL
Members should always send postal address or the announcement of when the sign-up
email changes to their local association.
CONTACT THE EDITORS
editor@texasrealtors.com
Texas REALTORS® ! tool opens and closes. A reference letter
from your local AE and/or your local
512-480-8200
P.O. Box 2246 Every great contribution Texas president is always a plus to include
Austin, TX 78768-2246
REALTORS® ever made in the way with your application. The information
ADVERTISING SALES
Mohanna Sales Representatives of #ShapingTexas started with a you provide is matched with a member
214-291-3648 challenge or idea shared at a committee engagement tool that houses data on
texasrealtorsinfo@mohanna.com
Texas R EALTOR ® (ISSN 1068-1248) is meeting. We, the members, are our your past participation and special
published monthly except combined issues own greatest asset, and we chart our skills or accomplishments. Using that
in Januar y/ Febr uar y and Septemb er/
October by Texas R EALTORS®.
ENSURE REAL ESTATE IS AN ESSENTIAL SERVICE own course through a member-led information, the five-member Texas
POSTMASTER
Send address changes to:
statewide to protect real estate transactions governance process. Many of you were REALTORS® Leadership Team meets
Texas REALTOR® magazine just awarded coveted seats on Texas for two or three days to place who we
Attention: Membership
P.O. Box 2246 REALTORS® committees. As part of hope are the right people in the right
Austin, TX 78768-2246
your service, I hope you will join me in seats. Every effort is made to offer first
Periodicals Postage Paid at Austin, TX, and PROVIDE GUIDANCE for serving
COVID-19 Resource for
Real Estate Brokers
Updated: May 5, 2020
As leaders in our Texas communities, REALTORS® are committed to supporting the
health and safety of our citizens. With that in mind, Texas REALTORS® urges all brokerag-
es to follow the minimum standard health protocols recommended by the Texas Depart-
sharing how easy, important, and fun it choices, but that is not always possible
ment of State Health Services. Texas REALTORS® advises all members to use technology
and other services to work remotely whenever possible, including showings and open
houses. In addition, brokers should check with their MLSs for information regarding rule
changes that have been implemented as a result of local conditions.
at additional mailing office. Annual dues of
The following guidelines are designed to help brokerages navigate through the rapidly
evolving circumstances associated with COVID-19. When determining how to address
new issues, brokers should identify solutions that will best serve clients while also
demonstrating care for the health and well-being of clients, agents, and the greater
public welfare in reducing risk of exposure and spread of COVID-19.
Working with Clients
• When working with clients, be sure to consider restrictions and protocols that are in place.
While real estate continues to be classified as an essential activity statewide, keep health
clients safely and responsibly
and safety top of mind when conducting business. Communicate with clients to determine
their needs and how you can meet those needs under these rules.
• Establish protocols for interacting with clients that meet the minimum standard health
members of the association include $5 for
protocols recommended by the Texas Department of State Health Services—for example,
training staff and agents on appropriate cleaning and disinfection, hand hygiene, and re-
spiratory etiquette. You may ask clients about recent travel; however, any and all screen-
ing questions must be presented consistently to all clients, and questions must be based
REACH OUT TO
on current, factual information from public health authorities.
• Texas REALTORS® has created a Model COVID-19 Certification for Property Access form that
a brokerage can adopt for use when a potential buyer or other service provider will access
the property for a viewing or other transaction-related service.
is to be involved. due to the need for geographic, diversity,
• Familiarize yourself with the type of coverage included in your insurance policies as they
pertain to issues arising out of COVID-19 and reach out to your insurance broker if you
have questions.
Transaction Issues
• A seller whose residential property is under contract must allow access to the property by
the buyers and the buyers’ agents at reasonable times. The parties should discuss imple-
a one-year subscription to Texas REALTOR®.
menting procedures for all visitors to the seller’s property in line with the minimum stan-
dard health protocols recommended by the Texas Department of State Health Services.
The COVID-19 Guide for Real Estate Brokers is intended to be informative with respect to conducting real estate activity during the COVID-19 pandemic.
The information provided herein is not intended to be legal advice nor should it be construed to be the only approach to dealing with COVID-19 issues.
Annual subscription rate to others: $25.
Single copy rate to others: $3.50. Office of Start by checking your local, state, and experience distribution, as well
publication: 1115 San Jacinto Blvd., #200,
Austin, TX 78701-1906; mailing address: P.O.
Box 2246, Austin, TX 78768-2246; phone:
ANY CURRENT and national association websites
and calendars to see when the next
as limited committee size. Some will
be asked to serve on a committee for
PROVIDE RECOMMENDATIONS for conducting
512-480-8200; fax: 512-370-2390.
All articles and paid advertising represent the
in-person real estate license exams
VOLUNTEER OR meetings or events are scheduled. Most which they did not apply. When that
opinions of the authors and advertisers, and are open, meaning any REALTOR® may happens, it’s because we needed you
do not necessarily represent the opinions
of the editors of Texas R EALTOR® or the
association and should not be construed as
STAFF MEMBER WITH attend. Most association websites will there. Participation at the local level
also contain descriptions of committees as well as graduation from the Texas
a recommendation for any course of action
regarding financial, legal, or accounting
matters by the association or Texas REALTOR® SHARE INSIGHT into impacts on real estate industry and
QUESTIONS ABOUT and requisite experience, along REALTORS® Leadership Program are
and its authors.
Contributions are not deductible for federal
income tax purposes. Contributions to the
how REALTORS® have adapted to serve clients safely OPPORTUNITIES. with a list of members and contact
information. Don’t make the mistake I
major advantages, so don’t overlook
those opportunities.
Texas REALTORS® Political Action Committee made in assuming you are not qualified Exciting news will be coming soon
(TREPAC) and the Texas Association of
REALTORS® Federal Political Action Committee or experienced enough because you about mentorship opportunities. Until
(TAR FedPAC)—which makes contributions
to the REALTORS® Political Action Committee
REAL ESTATE PROFESSIONALS ARE ELIGIBLE FOR are new, young, or whatever else you then, seek your own mentor. Let that
(RPAC)—are voluntary and may be used for
political purposes. The amount indicated is FEDERAL RELIEF, including small business loans and might think. Reach out to any current person know if you have aspirations
merely a guideline, and you may contribute
more or less than the suggested amount. You unemployment insurance volunteer or staff member with beyond committee participation. She can
may refuse to contribute without reprisal, and
the National Association of REALTORS®, Texas questions about opportunities and time help you chart a path, not just to win an
REALTORS®, and its local associations will not commitments. Many great roles require election, but to be an effective leader. I
favor or disadvantage anyone because of the
amount contributed. Until the RPAC annual
goal is met, 70% of an individual’s contribution
ADVISE STATE LEADERS on reopening government minimal time. Recruitment of new had such mentors, and as I wrap up my
goes to TREPAC and may be used to support talent is our number-one job as leaders, year as your chairman, I must again
state and local candidates; the remaining 30% offices for real estate consumers
is sent to TAR FedPAC to support federal so don’t be shy about contacting us. We thank Randy Jeffers and Brooke Hunt
candidates and is charged against your limits
under 52 U.S.C. 30116. (Exception: 100% of work for you. for their early guidance, and all our past
an individual’s contribution goes to TREPAC
if the individual is an employee of an affiliate The Texas REALTORS® committee chairs for the profound wisdom and time
member of Texas REALTORS®.) After the RPAC
annual goal is met, 100% of an individual’s
PROTECT REAL ESTATE LICENSE HOLDERS process begins with a sign-up period they so generously shared.
contribution goes to TREPAC and may be usually open in early summer. Go to
used to support state and local candidates. seeking renewal and applicants
You may contact the Texas REALTORS® political texasrealestate.com and be sure your
committee administrator at 800-873-9155 to
obtain information about your contributions. profile is up to date and you are set to
Federal law prohibits TREPAC and FedPAC receive notifications, so you won’t miss Cindi Bulla
from soliciting contributions from persons not
included in the following groups: Members of EXPAND NOTARY SERVICES
the association, executive and administrative
personnel of the association, and the families
of both groups. Contributions received in
for real estate documents
relation to this publication from a person
outside of these groups will be returned. nar.realtor/nar-en-espanol Spanish-speaking REALTORS® and consumers have a new
©2020 resource in NAR’s recently launched subsite, NAR en Español.
Texas REALTORS®
All rights reserved.
See Texas REALTORS® resources, updates, This fully Spanish website offers content, resources, and an
FAQ, and other content related to COVID-19 NAR LAUNCHES online space for members from the United States and partners
in global markets to build relationships. You can find the site at
at texasrealestate.com/coronavirus NAR EN ESPAÑOL WEBSITE nar.realtor/nar-en-espanol.
#TREPACTogether November 2020 | texasrealestate.com 3
Texas REALTORS®
Advertising Campaign
HOW THE ADS ARE
WORKING TO PROMOTE YOU
KNOW AN A recent survey of 1,000 adults across Texas shows favorable
AWARD-WORTHY results from this year’s Texas REALTORS® advertising campaign.
The ads, which build on messaging from NAR’s “That’s Who
MEMBER OR We R” campaign, have been running online, on radio, and on
PROGRAM?
billboards. A few highlights from the survey:
• 93% agreed they would benefit from a REALTOR®’s
market knowledge, up 17 percentage points from a
similar survey two years ago.
• 90% agreed that a REALTOR® can take care of the
Texas REALTORS honors members for their commitment to
®
details of a transaction, up 16 percentage points.
their communities and the real estate industry with a variety
FINALLY
of awards. Several deadlines for these awards are in early • 83% believe that a REALTOR® can help negotiate the
December. Learn more about how to apply for an award at details of a transaction, up 13 percentage points.
texasrealestate.com/awards.
• 78% agree that Texas REALTORS® work together to
December 4, 2020 Deadline fight for property rights (a new question this year).
• Texas REALTOR® Good Neighbor Award: Recognizes a
REALTOR® who’s demonstrated outstanding community • 38% recalled seeing or hearing an ad from Texas
service related to advancing homeownership. REALTORS® (unaided recall). Two-thirds remembered
• REALTOR® of the Year: Recognizes a REALTOR® who’s seeing an ad when shown an example.
say yes to success.
made outstanding contributions to the industry at local,
state, and national levels. • 85% of those viewing the ad said it gave them a
• Tom D. Morton Award: Recognizes an association positive impression of Texas REALTORS®.
executive for service to members and personal and
professional accomplishments.
• Educator of the Year: Recognizes an instructor who’s Spend more time closing leads
made the most significant contributions to real estate
education in Texas.
TEXAS REALTORS® than chasing them.
• Education Programs of the Year: Recognizes innovative STORE NOW OFFERS Power your entire real estate business with our all-in-one,
programs that meet members’ needs and increase the
quality of professionalism in the industry. Categories are FREE SHIPPING myWeichert® powered by kvCORE platform.
Custom, branded website creates an online destination for
legal, marketing, short or series, and innovative.
Members of Texas REALTORS® now qualify for your personal brand. Close more leads. Open the door to a
January 10, 2021 Deadline free shipping on all orders on texasrealtorsstore. AI driven, marketing automation & mobile CRM help turn more rewarding career. Give your local
• William C. Jennings Award: Recognizes the outstanding com. The online store offers a wide variety of prospects into customers. Weichert office a call today or visit
commercial transaction of the year. Texas REALTORS®-branded products, such as Easy-to-use lead gen tools to generate your own leads. jobs.Weichert.com
umbrellas, flash drives, pens, insulated bottles, Saves time and helps you be more productive.
January 22, 2021 Deadline camp chairs, stickers, and more. You can
• Lehman Local Board Governmental Affairs also purchase personal protective equipment,
Achievement Award: Recognizes an association that’s including Texas REALTORS®-branded masks,
demonstrated excellence in fundraising, grassroots, and hand sanitizer, and wipes.
other local initiatives. Each Weichert® franchised office is independently owned and operated.
©2020 Weichert Real Estate Affiliates, Inc. Weichert is a federally registered trademark owned by Weichert Co. All other trademarks are the property of their respective owners.
4 TEXAS REALTOR ®
| November 2020 September/October 2020 | texasrealestate.com 5
RESIDENTIAL • Seller Representative Specialist How do I decide which
• Accredited Buyer’s Representative (SRS): The Real Estate Business credential to pursue?
(ABR): This designation from the Institute awards this credential to Ask yourself…
Real Estate Buyer’s Agency Council agents who can support sellers and • Which specialties interest you?
GROW YOUR Designations and certifications are
not just fancy letters after your name:
to utilize social media, search
engine optimization, and customer
provides agents who work with
buyers additional knowledge and •
anticipate prospects’ needs.
Texas Affordable Housing
• Would this credential help
your business?
SKILLSET they are proof of your commitment to
professional development. They are
relationship management systems to
grow their businesses. •
strategies to help their clients.
Certified Residential Specialist
Specialist (TAHS): This
certification offered by Texas
• Do you meet the experience
requirements and prerequisites
WITH THESE recognized and trusted endorsements of
your knowledge. They also open doors to
• Green: By earning the Green
designation, agents demonstrate
(CRS): Recipients of this prestigious
designation have access to special
REALTORS® covers the topics
of financing, fair housing, and •
to take the course?
How long does it take to
CREDENTIALS even more specialized tools and training
as well as referral networks that can
knowledge of energy-efficient homes
and their merits, as well as how to
networks and marketing tools from
the Residential Real Estate Council,
affordable housing.
•
complete the course?
How much does it cost?
give you a big boost in your field. improve any home’s efficiency. as well as a qualified consumer FARM & RANCH • When and where are
Here is an overview of some of the • Graduate REALTOR® Institute leads program. • Accredited Land Consultant they offered?
many designations and certifications (GRI): Texas REALTORS® awards • Military Relocation Professional (ALC): ALC is the professional
you can earn: this prestigious state-level (MRP): Earning this certification designation offered by the How do I get the most from
• At Home with Diversity (AHWD): designation to agents who have trains recipients on helping current REALTORS® Land Institute for my designations/certifications?
This certification trains agents on completed advanced real estate and former military personnel buying, selling, and financing land. • Explain to prospects and
diversity, fair housing, and business training and coursework. Study find housing. Coursework covers clients in person and
planning development. areas include contracts to closing, the required military procedures, PROPERTY MANAGEMENT your marketing what your
• Certified International Property marketing and business skills, and financing opportunities, and unique • Texas Residential Leasing credentials mean and how
Specialist (CIPS): CIPS gives agents real estate brokerage. situations involved in serving Specialist (TRLS): This Texas they benefit them.
and brokers access to tools and • Performance Management this clientele. REALTORS® certification includes • Use your designation’s
resources for buying and selling Network (PMN): This designation • Pricing Strategies Advisor (PSA): training on lease agreements and educational resources
international real estate. from the Women’s Council of Recipients learn how to better price issues affecting property managers. and special perks.
• Certified Real Estate Brokerage REALTORS® cultivates skills in properties, create CMAs, and work • Texas Residential Property • Keep revisiting your course
Manager (CRB): This designation business planning, networking, and with appraisers. Manager (TRPM): This advanced materials. Don’t forget what
shows that you have completed negotiating, among other skills. • Resort and Second-Home Property training from Texas REALTORS®, you’ve learned.
advanced training for real estate • Real Estate Negotiation Expert Specialist (RSPS): The coursework which requires completing the • Network with your peers. Some
business management. (RENE): This certification shows the teaches the specialized skills needed TRLS certification as a prerequisite, credentials have dedicated
• Commitment to Excellence recipient is trained in negotiation for investing in and managing these certifies knowledge of the property referral networks.
(C2EX): This NAR endorsement skills. The two-day course covers unique properties. Recipients receive management specialty.
Do credentials expire?
demonstrates a continuing handling a variety of personalities special newsletters, webinars, and
They do not, but many require paying a
commitment to professionalism. and competing objectives. an invitation to join a private COMMERCIAL fee to maintain the designation.
Applicants receive a customized • Short Sales and Foreclosure Facebook group. • Texas Accredited Commercial
curriculum based on an assessment. Resource (SFR): This certification • Seniors Real Estate Specialist Specialist (TACS): Texas Can I take courses outside
C2EX also fulfills NAR’s Code of can be earned through a one-day (SRES): This designation tells REALTORS® offers this new of my expertise?
Ethics requirement. course covering how to develop a prospects that the recipient is designation to educate commercial You can take any course you meet the
• e-PRO: Recipients of this online short-sale package and resources for trained to guide homebuyers and agents on client representation, requirements to take.
certification program learn how sellers, among related topics. sellers over age 50. market analysis, and negotiations.
WHAT DOES THE TERM LATINX MEAN? Latinx is a gender-neutral noun or adjective to refer
to a person from, or whose ancestors were from,
SOFTWOOD
a Spanish-speaking land or culture or from Latin LUMBER PRICES
Photos: Creativa Images, © Mangostar, © Andy Dean - stock.adobe.com
America. Latinx is considered more gender inclusive
and embraces those who do not wish to use the INCREASED
gendered Latino or Latina.
Merriam-Webster added the term, which 14.9% IN AUGUST.
originated in the early 2000s, to its dictionary
in 2018. The National Association of Home
The two most common terms to describe this Builders says lumber prices have
community are Latino/Latina and Hispanic; they are increased by nearly 50% since April,
often used interchangeably. According to an August the largest four-month gain since
article from the Pew Research Center, the U.S. unadjusted data collection began in
government began using the term Hispanic in the 1949, and the second-largest gain since
1970s, while Latino became popular in the 1990s. seasonally adjusted data began in 1975.
6 TEXAS REALTOR
®
| November 2020 November 2020 | texasrealestate.com 7
GET THE REALTOR®
WHERE TO PRICE AT ENTERPRISE
LOOKING FOR THE ON-RAMP FOR
FIND THE AND NATIONAL
COMMERCIAL REAL ESTATE?
NEXT BIG
TREND REALTORS® can use the online promotional
code XZ65015 for discounts on rental cars at
Enterprise and National. It is another benefit
you receive by joining Texas REALTORS®.
Enterprise and National are promoting
their Complete Clean Pledge, promising to
sanitize all locations, shuttles, and vehicles
and implement contactless technology for
transactions. To view a full list of member
benefits, visit texasrealestate.com/benefits.
Savvy agents and brokers are always looking for potential market
trends. How do they know where to look and what to look for? Here
are some tips for getting ahead of the pack.
Compare Markets. You’re used to reviewing comp properties to
determine price points. Why not comp markets? Make a list of your
city’s relevant characteristics. Which other cities nationwide have
similar traits, and what’s going on there?
You can even glean useful information from comparisons based
on a single metric. If your prospects are worried about traffic getting
worse, the behavior of residents in cities with known congestion
problems could offer clues about how to better serve them.
It is a good idea to network with real estate professionals in
similar markets. Check in a few times a year to compare notes. If you want to start a career in commercial real estate, sign The coursework includes the fundamentals of
Ask “What Will Happen in Five Years?” Agents and brokers up for courses in the new Texas Accredited Commercial commercial real estate, development topics such as leasing
should stay updated with what’s going in their city, the real estate Specialist program. and management, and marketing and negotiation training.
market, and the economy in general. Any time you read or listen Texas REALTORS® developed the TACS program as a The curriculum is eligible for CE and Sales Apprentice
to the news, ask yourself, “How will this affect real estate?” and steppingstone to more advanced commercial education. Education requirements.
“What will happen in five years?” TACS can help new agents, residential agents who want to More experienced commercial agents can also earn the
Some stories have obvious consequences: redrawn school switch to commercial, and less experienced commercial TACS. REALTORS® with a CCIM or SIOR designation may
boundaries or a major employer going out of business will change agents who want to sharpen their skills before seeking a earn the certification with payment of the application fee.
the market. Others are more subtle. Are taxes increasing? Are new higher designation. Those with five years of commercial experience can apply
neighborhoods becoming cultural hot spots? To earn the certification, applicants must: for the certification after successfully passing the three
Even national or international news may be relevant to your • Successfully complete three 30-hour TACS end-of-course exams.
local real estate market. What starts in a big city or abroad today commercial courses For more information, visit texasrealestate.com/tacs.
Photos & Images: © deagreez, © Elena Verba, © Mangostar, © airmel - stock.adobe.com
may be at your doorstep before long. Just look at rideshare apps • Work as an agent with a broker-mentor and complete
and short-term rentals. two original commercial real estate transactions
Go to the Source. You can learn a lot about current trends, and • Produce two professional references
forecast future trends, by studying data: net population growth, year- • Join a commercial information exchange.
over-year median housing prices, and elementary school enrollment,
to name three. There are many publicly available databases you can
review. Skim them and see what patterns stand out.
Talk to Demographics Outside of Your Own. What’s visible
to one group of people may be invisible or irrelevant to another. WE WIN Negotiators who add value for the other party are
more successful than those who are only concerned
Talk with colleagues, neighbors, friends, and family in different
circumstances than your own and ask what they are seeing—not just
IS BETTER with themselves, according to an analysis published
in the Journal of Personality and Social Psychology.
in the real estate market but in other facets of life. Your graduating
niece may have different experiences and opinions than your retiring
THAN I WIN The report, which looked at 28 studies on the topic,
found that collaborative negotiators prioritize problem-
uncle. Your neighbor who owns a rental property may have different solving to ensure everyone comes out ahead.
considerations than a cross-town friend who lives in a rental home.
8 TEXAS REALTOR ®
| November 2020 November 2020 | texasrealestate.com 9
WHY IS THE HOUSING
SUPPLY SO LOW RIGHT NOW? “ If the real estate
industry continues
adapting in the
future as they have
for COVID-19 and
the pandemic …
they will be very
successful. Brokers
and agents are
extraordinarily
hearty, exceptionally
pragmatic, and can
handle anything that
comes their way.”
It’s not just your neck of the woods: homes priced between $200,000 and
$300,000 are hard to find in most Texas markets. In August, Texas had less
than two months of housing inventory for those properties, according to the —STEFAN
Real Estate Center at Texas A&M University.
“You have people who want to buy a home and can—with job security,
SWANEPOEL
income level, and everything else they would need—but they can’t find a home Chairman and CEO
in that price range,” says Real Estate Center Research Economist Luis Torres.
In fact, Texas had three months’ inventory or less for any price below a
T3 Sixty
half million dollars. Demand remains strong even after this summer’s buying
frenzy. Here, according to Torres, are the reasons why demand exceeds supply:
Homebuilders are playing catchup. Before COVID-19, homebuilders
were trying to meet the demand for homes under $300,000. Shutdowns in the
construction industry have delayed new inventory.
Land prices are rising. To make a profit on more-affordable homes,
homebuilders are building in cities’ exurbs, where land is cheaper. But as land
prices rise everywhere, there’s less affordable land on which to profitably build
these homes. This trend has only accelerated during COVID-19.
More Millennials have entered the market. More first-time homebuyers
means more competition for affordable homes. Many Millennials have
more education and job security, so they are less likely to be affected by the
pandemic’s economic effects.
Prospective homebuyers aren’t as affected. The pandemic’s economic
effects are being strongly felt by renters and low-wage earners. In general,
many people shopping for homes are still employed and/or working from home.
Images: © TAW4, © anna_leni - stock.adobe.com
COVID-19 is creating new preferences. Many prospective homebuyers are
looking farther away from cities to afford larger homes in
less densely populated areas with newly prized amenities like home offices
and outdoor space.
Interest rates are historically low. Homebuyers want to take advantage
of this opportunity before rates rise again.
Home prices keep rising. Properties that sold in the $200,000-$300,000 Earn your ABR® Designation.
range a few years ago might be worth more now. Get started at REBAC.net.
10 TEXAS REALTOR ®
| November 2020 September/October 2020 | texasrealestate.com 11
VIETNAMESE TRANSLATIONS
RESIDENTIAL REA
L ESTATE LISTING
EXCLUSIVE RIGHT
AGREEMENT
TO SELL
OF TEXAS REALTORS FORMS ®
HOW PERSONAL LETTERS FROM
IZED.
S®, INC. IS NOT AUTHOR OF REALTOR
TION
S OF THE TEXAS ASSOCIA 2020
ARE NOT MEMBER of REALTORS®, Inc.
BY PERSONS WHO ©Texas Association
USE OF THIS FORM
(this Listing) are:
You can now provide Vietnamese-speaking clients and prospects
parties to this agreement
BUYERS TO SELLERS CAN TRIGGER
1. PARTIES: The
Seller:
translations of more than a dozen Texas REALTORS® and Texas Real
Address: Estate Commission forms. Though these translated documents cannot
FAIR HOUSING CONCERNS
City, State, Zip: Fax:
Phone:
E-Mail:
be used as official forms in a transaction, they can help Vietnamese-
Broker: speaking buyers, sellers, landlords, and tenants understand what they
Address:
City, State, Zip:
Phone:
Fax:
will sign on the English documents.
Broker the exclusive
Buyers looking to gain an edge when making an offer for a property E-Mail:
r as Seller’s sole and
exclusive real estate
agent and grants to Vietnamese is the third most widely used language in Texas,
Seller appoints Broke
sometimes include a letter to the sellers with their offer. Long considered right to sell the Prope
rty.
improvements, and
accessories descr ibed below , except for any behind English and Spanish.
erty” means the land,
2. PROPERTY: “Prop
a way to add a personal touch to the financial and legal aspects of a real described exclusions
.
, Block
, ,
Note: While translations of most forms below are available now,
Addition, City of
estate transaction, buyer letters—also called offer letters or love letters— A. Land: Lot
County, Texas know
n as
(address/zip code),
the One to Four Family Residential Contract (Resale) translation may
.)
in Condominium Addendum
can provide a connection between buyers and sellers. However, there’s a ed exhibit. (If Property
is a condominium, attach
-
be delayed based on potential changes to that form by TREC.
or as described on attach attached to the above
s and improvementsKhông sử dụng in
potential downside to that connection for both parties. B. Improvements:
The house , garag e and all other fixture
limitation, the follow
ing perm anen tly installed and built-
of TXR 1101
một o-walđồng
hợp l carpeting, • Residential Real Estate Listing Agreement,
Vietnamese Translation
ut
Not for Use như
rty, includ ing witho rs, awnin gs, wall-t
described real prope nces, valan ces, screens, shutte sions and
ts and brackets for televi ing and
items, if any: all equip
as a Contract
mirrors, ceiling fans,
ment and applia
attic fans, mail boxes
REALTORS®, Inc. 2020
©Texas Association,oftelevision antennas, moun
security and fire detec
tion equipment, wiring
, plumb
rs, cleaning
Exclusive Right to Sell
air-conditioning units, ment, garage door opene d by Seller
Introducing Bias speakers, heating and
lighting fixtures, chand
eliers, water softener
syste m, kitche n
cooking equipment,
landscaping, outdoor BẤT ĐỘNG SẢN NHÀ Ở
equip
and all other property
owne • Residential Real Estate Listing Agreement,
equipment, shrubbery, realYẾT
property.
The appeal of buyer letters is that they can add emotion to the sellers’ and attached to the
above-desc
THỎA THUẬribedN NIÊM
ĐỘC QUYỀN BÁN
d accessories , if any: windo w air conditioning units,
stove,
keys, mailbox
PHÉP DÙNG BIỂU
MẪU NÀY.
Exclusive Right to Lease
following described relate window shades, draperies and rods, door ial fireplace
KHÔNG ĐƯỢC
OF REALTORS®, INC.
VIÊN CỦA TEXAS ASSOCIATION
decision of whether to accept an offer. For example, an immigrant who writes • Seller’s Disclosure Notice
2020
C. Accessories: The
KHÔNG PHẢI LÀ THÀNH of REALTORS®, Inc.
NHỮNG CÁ NHÂN ©Texas Association
ns and rods, blinds , e acces sories , artific
fireplace screens, curtai swimming pool equip ment
yết này) là: and
maintenanc
entry gates, and (iv)
other
above-ground pool,
gia thỏa thuận này (Niêm
CÁC BÊN: Các bên for: (i) satellite dish systems,
(ii) garage doors, (iii)
1. keys,
tham
to the sellers about how excited he is to be starting a new life in this country logs, and controls
vements and accessories
Bên bán:
.
must be remo ved
• Intermediary Relationship Notice
impro and
will be retained by Seller
may hope the sellers will find joy in his enthusiasm. Địa chỉ:: The following impro
D. ExcluThành sionsphố, Bang, Mã bưu chính:
posse ssion:
vements and accessories
Fax: . • One to Four Family Residential Contract (Resale)
to delive
prior Điện thoại: ry of
But the same personal details that can make a connection between the E-Mail:
not subje ct to mand atory membership in
a property • Notice of Buyer’s Termination of Contract
Property is is
rs’ Association: The
Nhà môi giới:
parties can also introduce prejudice against the buyers. If sellers don’t know E. Owne Địa chỉ:
owners’ assoc
Thành phố, iation
.
Bang, Mã bưu chính:
by Broker/Assoc
Fax:_______, _____
iate ________and Seller_
___ Page 1 of 10
• Release of Earnest Money
Initialed for Identification
thoại:
Điện20
anything about the buyers, they can’t discriminate. However, sellers who • Addendum for Seller’s Disclosure of Information on
(TXR-1 101) 05-01- Nhà môi
E-Mail: TX 78701 | (512) 480-820
0 | (512) 480-8200
và duy nhất của Người bán và cấp cho
San Jacinto Blvd., Suite 200, Austin,
động sản độc quyền
ion of Realtors, 1115 môi giới là đại lý bất
Người bán chỉ định Nhà
Texas Associat
learn personal details could discriminate against buyers, even subconsciously. David Jones
giới độc quyền bán Bất động
sản.
là đất đai, công trình
“Bất động sản” có nghĩa mô tả.
sửa sang và phụ kiện
được mô tả dưới đây,
Lead-Based Paint and Lead-Based Paint Hazards
2. BẤT ĐỘNG SẢN:
hợp ngoại lệ nào được
ngoại trừ bất kỳ trường
A. Đất đai: Lô
, Tòa
,
Bổ sung, Thành phố
, Texas được gọi
as Required by Federal Law
Increasing Liability là
, ở Quận
(địa chỉ/mã bưu chính)
, hoặc như được mô
cư.)
tả trong • Authorization to Obtain Consumer Report
Phụ lục Nhà chung
chung cư, hãy đính kèm
Sellers who accept buyer letters could be increasing their liability under phụ lục đính kèm. (Nếu
Bất động sản là nhà
xe và tất cả các thiết
bị cố định và sửa sang khác gắn liền với bất động
được lắp đặt vĩnh viễn
và gắn vào
• Residential Lease
sang: Nhà ở, nhà để giới hạn, các hạng mục phủ kín sàn, gương,
B. Công trình sửa
The Fair Housing Act prohibits discrimination the Fair Housing Act. For example, if the sellers in the above scenario reject tường , như sau, nếu
bao gồm nhưng không
sản được mô tả ở trên, tất cả các trang thiết bị, diềm, màn che,
có:
hộp thư, ăng-ten truyền
cửa chớp, nệm, thảm
hình, giá đỡ cho tivi
và loa, thiết bị sưởi
và thiết bị chiếu sáng,
ấm và điều hòa
đèn chùm, hệ
• Residential Lease Application
gác mái, ống nước
quạt quan, thiết bị nấu
on the basis of race, color, sex, religion, national
điện,
the buyer’s offer, he might file a fair housing complaint that he was rejected quạt trần,
không khí, thiết bị an
thống làm mềm nước,
ninh và phát hiện hỏa
thiết bị nhà bếp, bộ mở
hoạn, dây
cửa nhà để xe, thiết
thuộc sở hữu của Người
bị vệ sinh, cây bụi, cảnh
bán và gắn liền với bất
động sản được mô • Notice Terminating Right of Occupancy
cả các tài sản khác
ăn ngoài trời, và tất
origin, familial status, or disability. Article 10 of based on his national origin. If the sellers hadn’t accepted his letter, they tả ở trên.
mô tả sau đây, nếu
khí trên cửa sổ, bếp
có: máy điều hòa không thanh treo màn, chìa
và
lò,
• Information About Brokerage Services
phụ kiện liên quan được rèm, mành, rèm cửa sổ, màn gợn sóng trì, gỗ lò sưởi nhân
C. Phụ kiện: Các
the Code of Ethics also prohibits discrimination might not have known that he was an immigrant and could not have been khóa cửa, chìa khóa hộp
cửa và thanh treo
màn chắn lò sưởi, rèm thư, bể bơi trên mặt đất, trang thiết bị bể
soát cho: (i) hệ thống
chảo thu sóng vệ tinh,
bơi và phụ kiện bảo
(ii) cửa nhà để xe, (iii) cổng vào,
và (iv)
• Consumer Protection Notice
tạo, và hệ thống kiểm
on the same bases as well as on the basis of accused of discrimination. các công trình sửa sang
và phụ kiện khác.
công trình sửa sang
và phụ kiện sau đây
sẽ được Người bán
quyền
giữ lại và phải được
sở
di dời
hữu: • Protect Your Family From Lead in Your
D. Ngoại lệ: Những chuyển
sexual orientation or gender identity. The decision whether to write or accept buyer letters rests with your trước
khi
form referenced
Media để dịch các hình thức
Texas REALTORS® thuê Translate
tham chiếu trong tài
ngữ đàm thoại tiếng Việt phổ
biến ở Texas. Các Home Pamphlet (EPA Form)
teMedia to translate the liệu này. Bản dịch bằng một phương liệu này được cung
khác nhau có thể khác nhau. Tài
clients. Make sure they understand the potential rewards and risks. Texas REALTORS hired Transla Vietnamese
®
tion is in a conversational phương ngữ và bản dịch tiếng Việt hoặc một tài liệu ràng
in this brochure. The transla ese dialects and translations
may không phải là một hợp đồng
Differen t Vietnam cấp như một phép lịch sự và Bất động sản Texas chấp
dialect common to Texas. a contract or dịch chưa được Ủy ban
d as a courtesy and is not buộc về mặt pháp lý. Bản
vary. This brochure is provide
a legally binding docume
nt. The translation has not been approved by
tion may not be used
thuận. Bản dịch có thể không
được sử dụng thay cho các
mẫu phải được cung cấp cho
phiên bản tiếng Anh.
người tiêu dùng. Mặc You can download the translations of the forms from
ission. The transla Phiên bản tiếng Anh của biểu hoặc đại diện nào được
the Texas Real Estate Comm xác, nhưng không có bảo hành
in lieu of English version
s. The English version of
er. While the translation
the form must be
is believed to be
dù bản dịch được cho là chính
thực hiện về độ chính xác hoặc
độ tin cậy của nó. Người đọc
nghiệp và tư vấn pháp
được khuyến khích tìm
lý trước khi ký bất
texasrealestate.com/realtorforms. Spanish translations of many forms
provided to the consum its accuracy or thuật chuyên
representation is made about kiếm dịch
accurate, no warranty or
reliability. The reader is
encouraged to seek profess ional translation and kỳ tài liệu nào. are also available. Only members of Texas REALTORS® may use these
Your Forms Fact or Fiction? legal advice before signing
any document.
translations of forms.
In the event of an incident on a managed
rental, property managers may use the You must have an active real estate
Report of Incident Occurring on Property license to earn money for referrals.
(TXR 2215) to log the date, time, and
details of specific incidents, including
crimes, deaths, and personal injuries. The
Photos & Images: © alfa27, © photoniko, © motortion - stock.adobe.com
NEW REQUIREMENT Starting February 1, 2021, brokers and most sales agents will be
required to complete at least 3 hours of contract-related coursework
form includes places to notate who called
which first responders and where to obtain FOR LICENSE as part of the 18 hours of CE required to renew a license.
There is one exception: Sales agents renewing their licenses
official reports. The names of injured people,
descriptions of their injuries, and where
RENEWAL STARTS for the first time and subject to Sales Apprentice Education (SAE)
requirements do not need to meet this requirement until their next
they were treated may also be listed on the
form. There are additional spaces to include FACT. Per TREC rules, only active license holders may
IN 2021 license renewal term.
To search for courses that meet this requirement, go to
property damage descriptions, contact earn money for referrals. If you made the referral while your Texas Real Estate texasrealestate.com/findacourse and choose Contracts courses
information for witnesses, and any follow-up license was active, then you may collect the money while your (TREC-Compliant) in the Group field.
actions that were taken. This is just one of license is inactive or expired. Note that TREC rules require Commission adds You can see if courses you’ve already completed qualify for this
more than 130 forms available exclusively for you to receive payment of your referral fee through your requirement at trec.texas.gov—put your name in the License Holder
members of Texas REALTORS®. sponsoring broker if you are a sales agent. contracts to CE hours. Search and look at your education history.
12 TEXAS REALTOR ®
| November 2020 November 2020 | texasrealestate.com 13
WHAT IF SOMEONE Contract Closeup STATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION
1. Publication Title: Texas REALTOR®
(3) Paid Distribution Outside the Mails Including
Sales Through Dealers and Carriers, Street
Vendors, Counter Sales, and Other Paid
0 0
ISN’T FOLLOWING
2. Publication No.: 616860 ISSN: 10681248 Distribution Outside USPS®
NO SIGNATURE 3. Filing Date: October 6, 2020
4. Issue Frequency: Monthly, except combined issues in January/February and September/October
5. No. of Issues Published Annually: 10
(4) Paid Distribution by Other Classes of Mail
Through the USPS (e.g., First-Class Mail®)
0 0
SAFETY GUIDELINES? REQUIRED:
6. Annual Subscription Price: $5
7. Complete Mailing Address of Known Office of Publication: 1115 San Jacinto Blvd., Ste. 200, Austin, Travis County,
Texas 78701-1906
c. Total Paid Distribution
(Sum of 15b(1), (2), (3) and (4))
d. Free or Nominal Rate Distribution
113,843 117,465
8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 1115 San Jacinto Blvd., Ste. (By Mail and Outside the Mail)
SELLER’S 200, Austin, Travis County, Texas 78701-1906
9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor: Publisher: Texas Association
of REALTORS®, 1115 San Jacinto Blvd., Ste. 200, Austin, Travis County, Texas 78701-1906; Editor: Martin Kramer,
(1) Free or Nominal Rate Outside-County
Copies included on PS Form 3541
493 461
DISCLOSURE
1115 San Jacinto Blvd., Ste. 200, Austin, Travis County, Texas 78701-1906; Managing Editor: Martin Kramer, 1115 San (2) Free or Nominal Rate In-County Copies 0 0
Jacinto Blvd., Ste. 200, Austin, Travis County, Texas 78701-1906 Included on PS Form 3541
10. Owner: Full Name: Texas Association of REALTORS®; Complete Mailing Address: 1115 San Jacinto Blvd., Ste. 200, (3) Free or Nominal Rate Copies Mailed at 0 0
Austin, Travis County, Texas 78701-1906
NOTICE
Other Classes Through the USPS
11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount (e.g., First-Class Mail®)
of Bonds, Mortgages, or Other Securities: None
12. Tax status (For completion by nonprofit organizations authorized to mail at special rates): The purpose, function, (4) Free or Nominal Rate Distribution Outside 40 20
and nonprofit status of this organization and the exempt status for federal income tax purposes: Has Not Changed the Mail (Carriers or other means)
During Preceding 12 Months
Your sellers may be required by law 13. Publication Title: Texas REALTOR®
e. Total Free or Nominal Rate Distribution
(Sum of 15d (1), (2), (3) and (4))
533 481
to fill out a seller’s disclosure, but 14. Issue Date for Circulation Data Below: September/October 2020
f. Total Distribution (Sum of 15c and 15e) 114,376 117,946
buyers are not required to sign the g. Copies not Distributed 0 0
(See Instructions to Publishers #4 (page #3))
disclosure. Even though the Texas Average No. Copies Each Issue
During Preceding 12 Months
No. Copies of Single Issue
Published Nearest to Filing Date h. Total (Sum of 15f and g) 114,376 117,946
REALTORS® Seller’s Disclosure 15. Extent and Nature of Circulation
i. Percent Paid (15c divided by 15f times 100) 99.53% 99.59%
Notice (TXR 1406) and the TREC a. Total Number of Copies (Net press run) 114,807 118,481 17. Publication of Statement of Ownership: Publication required. Will be printed in the November 2020
Seller’s Disclosure Notice (TREC b. Paid Circulation (By Mail and Outside the Mail) issue of this publication.
OP-H) provide places for a buyer to (1) Mailed Outside-County Paid Subscriptions
Stated on PS Form 3541 (Include paid
113,843 117,465
18. Signature and Title of Editor, Publisher, Business Manager, or Owner: Martin Kramer, Editor-in-Chief;
Date: October 1, 2020
sign on the last page, a buyer does distribution above nominal rate, advertiser’s
proof copies, and exchange copies)
Business practices have changed during the coronavirus pandemic. What was normal last year may not have to sign or initial at all. (2) Mailed In-County Paid Subscriptions Stated 0 0
I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or
misleading information on this form or who omits material or information requested on the form may be subject to criminal
pose health risks now. What should you do if someone involved in your transaction does not follow The lines for the buyer are on PS Form 3541 (Include paid distribution
above nominal rate, advertiser’s proof copies,
sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
the recommended protocol? there, however, because obtaining and exchange copies)
Before you meet, know the recommended guidelines. a buyer’s signature is one way
• Texas REALTORS® suggests all brokerages follow the state’s minimum standard for a seller—and the seller’s
health protocols: texasrealestate.com/coronavirus agent—to prove that the buyer
• The Texas Department of State Health Services recommends maintaining social received a copy of the seller’s
distancing and avoiding groups larger than 10, among other actions: disclosure. And, for that reason,
dshs.texas.gov/coronavirus/opentexas.aspx some brokerages make it office
BFS Home Warranty
• Gov. Greg Abbott has issued several coronavirus executive orders, such as requiring policy for listing agents to attempt
masks in many situations. Law enforcement can warn first-time violators and fine to get buyers’ signatures. Keep
repeat offenders: gov.texas.gov/coronavirus-executive-orders in mind that a buyer’s signature
• Check for any city and county-specific orders as well. These may not be enforceable. indicates nothing except that the
buyer acknowledges receiving the “Our Trucks, Our Techs, Your Peace of Mind”
Communicating with clients or associated business professionals beforehand can help set disclosure.
expectations for the appointment and establish how to meet everyone’s needs under current Whether buyers sign or do
conditions. Go over the guidelines and agree on protocol for any in-person business. Discuss virtual not sign your seller’s disclosure,
✓ Repair
options and alternatives. it’s a good idea to note in the ✓ Replacement
When you meet, be mindful of your safety. Pay attention to social distancing. If someone is transaction file when the buyer was ✓ No Subcontractors
not following guidelines, ask that person to follow the recommended steps. If at any point you feel given the disclosure notice.
unsafe, cancel the meeting and reschedule. You can also make different arrangements that do not
✓ Plans Starting at $300
require physical interaction. ✓ No Deductible Option
After you meet, consider your options if you felt your safety was put at risk.
• If the offending party is another REALTOR®, you can contact that member’s brokerage.
Texas REALTORS® offers an ombudsman program to help resolve disputes. You can file an REAL ESTATE E&O
ethics complaint if these strategies don’t work. Comprehensive
• If the offending party is a client, consider terminating your representation agreement with Austin/ San Antonio &
the client if you cannot come to an agreement about what happened and how to move Errors & Omissions Dallas & Surrounding Surrounding Areas: Houston & Surrounding
Photos: © oatawa, © terovesalainen - stock.adobe.com
forward. Make sure to treat all parties fairly and apply the same standards uniformly so Coverage for Areas: Laquita King Areas:
you do not violate fair housing laws. Real Estate Professionals Darren Hiller Nadine Morella
• If the offending party is another professional, you can contact that person’s supervisor. Direct: (512) 948-8564
If that doesn’t work, another avenue may be submitting a complaint with their Direct: (214) 566-1188 Direct: (281) 831-8468
professional organization or licensing body. You could also choose to not do business reoadvisors.com
with them in the future. 800.362.9952 Give your clients the benefits of Seller’s Coverage today!
Taking careful actions before, during, and after interactions can help you protect yourself and sales@reoadvisors.com BFS Home Warranty • www.BFSHomewarranty.com • 1-800-237-9910
your family, while also ensuring the health and safety of your clients, customers, and fellow Texans.
14 TEXAS REALTOR ®
| November 2020
Each party sets their perception of what transpired. Their “You might be dealing with narcissistic personalities, substance
perception is just that—their perception. You as the third, abuse, restraining orders, and more,” she states. “But you remain
neutral party accept and listen to both sides. Neutrality is one of neutral. You can’t become the advocate for one side, or you’ve lost it.”
the biggest components of working with divorcing couples, she For 20-year real estate veteran Theresa Bastian, broker/owner
emphasizes. “The lives they have been building are crumbling,” of Let’s Move Austin who recently earned the CDRE certification,
Johnson says. “That property is a stronghold. Many times, it is working with divorced couples is somewhat personal. She went
everything to them and the kids.” through her own high-conflict divorce. Nothing rattles, scares, or
Being an agent to divorcing or already divorced couples can be embarrasses her that a client might tell her.
rewarding and uplifting, but it also might involve twists and turns “That’s the benefit of having lived through it myself,” says
you didn’t expect. Bastian. “I’ve learned to reframe the situation for the couples
and show them the things they can look forward to once the
IT’S NOT FOR THE FAINT OF HEART house is sold.”
For many years, Laurel Starks has served as a court-appointed agent
for some of the nastiest divorce cases. They include incarcerations, GETTING SPECIAL TRAINING COMES
restraining orders, suicides, and attempted murders. IN HANDY FOR MANY SITUATIONS
“It’s messy, and it’s sad,” says Starks, founder of Ilumni Institute Bastian dealt with a couple who had already been divorced by the
(formerly the Divorce Real Estate Institute) in Rancho Cucamonga, time she was brought in. The woman had never removed her name
California. She also leads the Starks Realty Group of Keller Williams from the home’s title even though her ex-husband owned the house.
and authored the book, The House Matters. “I even had a case where She had full custody of the children.
the husband assaulted the wife’s attorney,” Starks says. “This is what At some point, he stopped paying the mortgage and child
you get when you work in this support. Her credit became
field of divorce real estate.” negatively impacted, and they
But not every divorce case both faced having a foreclosure
brings such horror or pain. on their credit reports. That
You end up helping people mark could be damaging for
during some of the worst days
of their lives. Decisions get
Decisions get seven years, affecting activities
like trying to buy another
complicated.
complicated. Emotions can home, renting, and other
run high. But in the end, you financial transactions.
help people move on to the “They both agreed to put
next chapters of their lives.
Starks’s organization Emotions can run it on the market. There wasn’t
a lot of goodwill on his part to
high. But in the end,
specializes in divorce real get along on anything. I just
estate training and issues the kept pointing to the needs
FOR BETTER OR WORSE
CDRE designation. Agents, of the children to provide a
divorce attorneys, and judges
from across the country you help people framework of steps to follow.”
The half-remodeled home
move on to the next
are being educated about fell into disrepair because
the complicated real estate he had run out of steam and
Working with Divorced Sellers components of divorce.
The emotions of a failed
marriage can involve anger, chapters of their lives.
money. But Bastian kept
emphasizing to him that by
selling the property, there
fear, sadness, numbness, and would be money to pay the
by Lee Nelson elation. As an agent helping a back child support. She also
Photo: © Inga - stock.adobe.com
splitting couple, you learn to pointed out that avoiding
C
understand you will be met foreclosure had tangible
with fight, flight, or freeze benefits for him, too, and
arlene Johnson has learned through helping responses, says Starks.
“We must recognize the magnitude that the sale of the house has
would allow him to start fresh again.
It all ended up with things settled and the house sold.
divorcing couples sell their homes that there are on a family, and acknowledge the trembling fear that drives much
of the emotion we face with our clients,” she emphasizes. “Don’t
“It’s just not my place to judge. There are a lot of accusations
being thrown around in a divorce,” Bastian says. “From where I sit,
always three stories to every divorce case. “There is one overwhelm them with a laundry list of stuff to do and think
you’ve done your job. We give them baby steps.”
there are no sides. It’s about selling the house and helping both of
them move forward.”
spouse’s story, the other spouse’s story, and the truth STAY NEUTRAL THROUGHOUT THE PROCESS
Johnson worked with a couple in which one party was designated
as the seller and the other one wasn’t on the title.
is somewhere in the middle,” says Johnson, owner of Starks preaches in her classes that you cannot take sides in the
divorce, even though it’s tempting to do so. Often, one person in the
“I made sure both of them signed off on all documents even
though the other person wasn’t on the title,” she says.
CJ’Services Realty powered by United Real Estate – couple will be nicer, more cordial, and more respectful.
Starks did end up being misled by the supposed victim in one
One party wouldn’t speak to Johnson at first. That person was
still in the home and wasn’t motivated to communicate.
Houston, and a Certified Divorce Real Estate Expert divorce case. The woman told her the husband always controlled the
money and hid it from her. She said the husband was abusive to her
“I would reach out initially, but they requested that I don’t call
anymore and only send emails,” she says.
(CDRE) through the Ilumni Institute. and the children. “She was trembling and in tears,” Starks says. “I felt
so horrible for her.” But later on, she found out the woman turned out
But there was no response to the emails. She couldn’t show the
home because the individual in the home wouldn’t authorize any
to have made up the stories. showings even when not in the home. continued on the next page...
16 TEXAS REALTOR
®
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