Audrey June-Forshey, GRI, Gaithersburg, MD

My Client and Friend, Dr Charbel Moussa just published his latest book. Charlie, told me while we were looking at homes that the book was coming to the market in the near future.

He told me the book was about how the West and the Middle East can better communicate and work together. I am very eager to get my signed copy and read it from cover to cover.

If this subject interests you, I would encourage you to order a copy. Dr Moussa is compassionate and wants to see changes the state of our international relationships.

I am thrilled for my friend, Dr Charbel Moussa, and his success.

When I do my open houses I have a basket that I bring all of my open house "stuff" with me to the house. I have fliers, brochures about the house and myself, business cards and my open house sign in sheets.

When I get to my open house, I turn on all of the lights, put out a little snack or candies - I have to wrestle myself to not eat the stuff- and then I set out the sign in sheet with a pen for all to freely give me all of their pertinent information.

Now as folks come in and sign in, you know you get varying degrees of information. The old "press hard the third copy is yours ;0)" Name, maybe it's real, maybe not. Telephone number? You mean there was a line for a telephone number? Address or email address, not on your life.

You know what I am sayin'. I don't want to share my information with strangers so I completely understand.

That got me thinking. I don't do a lot of open houses. I do them in areas that I farm in and I know it will be a home that will generate a lot of traffic. I want to generate the traffic for the house, I am not an agent that is only there to pick up buyers. If I make a connection with a buyer, that is great, but I am trying to sell my listing. I know you all think I am nuts, but hear me I do opens in areas I know open traffic is good.

With all of that said, I don't ask anyone to sign in anymore. I have the sheet there with a pen, but I don't ask for people to sign in. I decided if the person was interested in the house they will ask me questions, I give them all of the paperwork, answer questions and give them all of my contact information. Funny thing is that when I don't ask the folks for their info and we do "hit it off" if you will they are so willing to give me their information? People are so funny sometimes?

I figure what was the point in have a bunch of fake addresses and fake phone numbers? Might as well save a tree.

Anyway, I did an open last weekend, answered questions and provided information and guess what? The people called me back and wanted to look at the home again and are potentially interested in putting in an offer.

Since I have just kind of done away with the sign in sheet per se it seems that I have made more contact with folks coming back to me from the opens.

I figure if I make them sign in, they aren't going to give me what I am looking for anyway. I think people like for us to seem more like consultants than sales people and by not pushing the sign in maybe they feel a bit more at ease with me?

I don't know, it just seems to give me better leads from my opens?

Real estate is a hard business and I wonder why we make it harder than it has to be? Agents, are you costing yourself and your sellers sales? I think some agents out there are doing just that.

I got a referral the other evening and I have already talked to the purchasers, got them prequalified and just waiting for them to get here to Maryland so we can get out there and find them a house. A baby is ready to come any day now :) and once they all get settled and situated they will come and start shopping for their new home.

While we have been waiting, I let the buyers know that they could shop on my website and take a look at a few homes and point out to me the style and type that they like and I will look for similar homes in the area too. They did email one that they had seen before talking to me. The client told me that her mother had gone to see the house before and could I find out about the "potential short sale".

So I called the agent and just asked him general questions about the short sale and he, suprisingly, didn't have very much information which concerned me just a bit. Anyway, I started to say that the clients were coming from down south and asked me to call to get information and before I could say that the mother had come to the house and discuss that with him, he stopped me and asked me where exactly the clients were moving from. I told him where and he said is it "Jane Doe"? I was a little taken aback that he said her name and I said "yes."

He informed me that he had "extensive conversations with Jane and that Jane's mother had even seen the inside of the house!" He told me he would not honor me on the transaction if I showed the house to Jane and her husband.

This is the personality trait of our industry that makes me crazy. First of all, I talked to Jane and she talked to him once two months ago and the listing agent did not show "Jane" and her husband, the actual buyers the house. In my state, he has not carried the buyers across the threshold to be the procurring cause. If I have to fight the fight, I can do it.

Here is the thing, the listing agent just shot himself in the foot. First and foremost in Maryland, we are fiduciary agents.

Wikipedia defines a fiduciary relationship as;

A fiduciary duty^[1] is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): he must not put his personal interests before the duty, and must not profit from his position as a fiduciary, unless the principal consents. The word itself comes originally from the Latin fides, meaning faith, and fiducia, trust.

In English, it means that you are supposed to put your client's best interests above your own. I don't think this is the case in my scenario.

I called Jane and explained to her that I called the agent, I didn't make a big deal out of it - honest- his stand was since he had already talked to her once and her mother saw the property he was going to insist on this being his transaction. I told Jane we would go and see the home and if the house was worth fight for and I would take care of the agent no matter what.

I would be sure I have a leg to stand on. To my surprise Jane told me to just forget that house, if it was a potential short sale and then we would have to fight with the listing agent that we would move on and see others instead. There were too many other houses to choose from and less stress.

I really feel sorry for that seller. The seller that hired their agent to watch out for them and to get the home sold. Their agent may have just cost them a sale because he is more worried about fighting over a commission, that he is getting half of, rather than his fiduciary responsibilty to his client. Actually, that is breaking the law, not just being unethical.

Please hear me, I am not one to let someone show a listing and then show up to take over, no way. I am there on 110%. In the same breathe I will tell you that I have had agents call me to show THEIR buyers my listing because one was heading out of town for a vacation. You know what, I don't like it, but I do it because my job is not to get into a pissing match about the commission, it is about doing what is right for my clients and getting the home sold. I am also saying that we should not work for free. We are running a business, but the story I have just told cost the agent and seller money, not solidify a sale.

I am sure that many of you will disagree with me, that there are rules. I will tell you that none of the rules or laws that are written override my fiduciary relationship I have with my client. If you do not work as a fiduciary, it might be hard for you to understand this, but that is the way it works here.

I know times are tight, we are all fighting and pinching for money, but all of nothing is certainly less than half of something. I really believe Karma is a big thing. What goes around comes around is a very true statement, put others before yourself and better things will happen for you.

Montgomery County Maryland is a very consumer oriented county. As a home buyer you will have so much information disclosed to you prior to the purchase of your home. Everything from reviewing county Master Plans, to any inspections you may want on a property. A relatively new law is that the first year's property taxes must be prominently displayed on any advertisement of a property.

This information that I am posting here is a new legislative update from The Greater Capital Area Association of Realtors in regard to Development Districts, specifically Germantown and Kingsview Village and Clarksburg.

I will be looking into this for specific details and posting on the information as I get it.

Legislative Update
Thursday, January 22, 2009

New Development District Disclosure Law in Montgomery County
Applies to any sales contract signed and any sales material or advertisement for sale disseminated on or after January 26, 2009

Throughout 2008, GCAAR sent several messages to inform agents of a new disclosure law regarding development districts and proposed development districts that would go into effect in early 2009. Several months ago GCAAR also informed members that the legislation was pending approval and waiting for the County Executive's signature. It has just recently come to GCAAR's attention that the law now goes into effect on Monday, January 26, 2009. The enforcing agency, Montgomery County's Office of Consumer Protection (OCP), will continue to work with GCAAR on how the law will be implemented. The law goes into effect on Monday, January 26 and sellers should comply with the law. Please be assured that OCP will continue to work with GCAAR and the Department of Finance in order to implement the law and to provide assistance to sellers and their agents. Below is some background again on the law and the requirements that must be met by sellers starting January 26:

Background:
In response to issues in the Clarksburg area in late 2007, legislation was introduced by lead sponsor Councilmember Duchy Trachtenberg that related to the establishment of development districts in the Clarksburg area. Bill 36-07 had many different aspects, but specifically as it related to the real estate contract, the legislation was introduced to strengthen the seller disclosure requirements for buyers and potential buyers of property in development districts, and to allow persons who suffer loses as a result of required information not being disclosed to recover damages. GCAAR worked closely on monitoring the legislation and 2008 President Dennis Melby testified in January 2008 in opposition to the legislation, but also made several recommended changes, should the County Council move forward with the legislation. The Council's Management and Fiscal Policy (MFP) committee held several worksessions on the legislation and accepted some of GCAAR's recommended changes as they related to the disclosure requirements for sellers. For example:

• Original legislation called for the tax disclosure to be in 14 point font, but now states the disclosure must be displayed "prominently."
• Disclosure in advertising will follow the same principle as the Post-Purchase Property Tax Disclosure Law
• Information on development districts and proposed development districts will be listed in the deed and land records
• County will provide a tool for sellers to find the appropriate tax amounts to disclose

The MFP Committee approved the legislation and the full Council gave final approval at the end of 2008. The County Executive then signed the legislation.

Applicability of Law:The law applies to sellers of real property located in a development district OR a proposed development district. Currently, the only areas with development districts and proposed development districts are located in Clarksburg and Germantown. For the two districts currently implemented (bonds issued, taxes levied), unique tax classes have been established and these development tax districts are identified as tax class RO61 (Kingsview Village Center) and RO64 (West Germantown). (note - Kingsview Village is made up of just four commercially owned properties). The tax class shows up on the left side of the on-line property tax bill. For Clarksburg, there is one development tax district already formed and there are two proposed development districts. However, the tax classes have not been set up yet. In the case of Clarksburg, OCP is working with Finance to see if maps of these areas can be provided. Information regarding development tax districts can be found in the FAQ section on the Department of Finance's webpage. http://www.montgomerycountymd.gov/mcgtmpl.asp?url=/content/finance/CountyTaxes/InfoTaxes/faqtaxes.ASP#district

Specifications of Law:

1. Before signing a contract the seller must disclose to any buyer during the life of any development district created (this disclosure information will be provided in GCAAR Form #900 to be updated by February 1):
   1. the amount of any special assessment, special tax, fee, or charge which the buyer must pay; OR
   2. if that amount cannot readily be determined, provide a way for calculating the amount to enable the buyer to estimate the maximum amount they will pay

1. Any advertisements, sales brochures, signs, or other sales material** that seller creates or authorizes must include:
   1. the property is or would be located in a development district; AND
   2. any potential buyer should ask the seller about the additional taxes and other charges for which a property owner in the district may be liable

**NOTE: the information required for advertisements will follow the same principles as the Post-Purchase Property Tax Disclosure Law, where you do not have to disclose it in ads that are smaller than 16 square inches (i.e. newspaper ads) or on the initial screen listing as long as the information appears elsewhere on that listing
Penalty for Non-compliance:

• Any contract which does not disclose all information required by law is voidable at the option of the buyer before the date of settlement.
• Any person who does not comply with this disclosure is liable for damages sustained by a buyer or potential buyer because of that person's failure to provide any required notice or information. HOWEVER, a seller or the seller's agent is NOT liable for an incorrect estimate of the amount of any tax, assessment, fee or charge disclosed if the seller relied in good faith on a method approved or recommended by the County to estimate that amount.

If you have any questions please contact Meredith Weisel, GCAAR VP of Public Policy and Legal Counsel at mweisel@gcaar.com. Questions may also be directed to the Office of Consumer Protection at 240-777-3636 or email at ConsumerProtection@montgomerycountymd.gov.

Greater Capital Area Association of REALTORS®
8757 Georgia Avenue, Suite 600 * Silver Spring, MD 20910
Phone: 301.590.2000 * Fax: 301.590.2248 * www.gcaar.com
©GCAAR 2009

I have a new listing in Darnestown, Maryland, that was the family home and we have been getting it ready to put on the market. I was found as a direct result of Active Rain - I will post about that later. I have never met the "owner" of this house.

As I have gone through the house with the Seller's sons, we have worked removing a lifetime worth of memories and personality from the house to get it ready for today's market. Most items have been removed, but it is interesting as I have moved and gone through the house, I feel like I know the owner.

I would like to tell you about her just from the things I have discovered in her home. First off she was a style maven for sure. Baker, Henderdon, and custom draperies throughout. Most items have now been removed, but it was top quality through out.

She was a girlie girl to be sure. In a box, while looking for staging items, my stager and I found gloves, clutch purses of every color to match the shoes with the belts that all went together in her day. Table lines, china, aprons. They are fabulous.

Beautiful suits hang in her closet that we will probably donate to women going on job interviews that cannot afford the suits. I found an old mink coat in the hall closet (right next to the shot gun), it was THE fashion accessory back in the day.

While staging I bought some of the small lamp shades to go on the chandeliers and dress up the sconces in the bathrooms. For the powder room I got the kind with the crystals on the edge. I showed them to her son and daughter in law. The daughter in law said she would love all of the things that the stager and I have done to the house, which made us happy.

I had put a big basket on the hearth of the fireplace and thought I would go into the garage to find some books to put in the basket. I was moving a box when I discovered the photo you see here. Instantly I fell in love with her. It looks like a ballet or dance costume. If you can't tell, she has a crown with a star on the front with her wand with it's star to match. Then to round out the outfit her tulle outfit has wings and stars all over it. I just fell in love with her all over again. She is my kind of girl, I can't say it enough.

Real Estate, for me, is all about my clients and I am glad in a way I got to know this homeowner. I will be taking photos of the home today and putting it on the market. I have worked hard to live up to her standards as I can tell, her's was the gold standard.

Audreyjune.com MovinMaryland.com