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Nannette Martin

Congress Encouraged to Establish a Federal Mandate for Real Estate Agency Disclosure

As an Exclusive Buyer Agent, I was thrilled to see that the organization I belong to is pushing for a uniform agency disclosure form to be used nationwide. The below press release explains why this is a good idea.

NAEBA Calls on Congress to Establish a Federal Mandate for Real Estate Agency Disclosure

AVONDALE, AZ June 17, 2009 -- The National Association of Exclusive Buyers Agents (NAEBA) released a letter to Congress today urging members to include real estate agency disclosure language in legislation relating to mortgage lending reform, including the Anti-Predatory Lending Act and the ongoing discussion over the formation of a Financial Products Safety Commission.

“Too many consumers have no idea that when they contact an agent listing a home, that agent must do everything possible to achieve the best outcome for the seller,” stated John Sullivan, President. “As a result, these consumers have no one involved from the beginning of the transaction who can advise them on negotiating techniques, price points or the acquisition of an appropriate loan.”

As Congress considers a range of measures to better inform consumers of their rights and responsibilities in the home buying process, NAEBA hopes to include clear, transparent and mandatory real estate agency disclosure language in legislative vehicles as they move forward.

“Clear, consistent and transparent real estate agency disclosure will help consumers better understand that there are many types of real estate agents, each of whom have responsibilities to different parties in a real estate transaction,” stated Sullivan, “Common sense suggests that when an agent is representing a seller or, in the case of dual agency both parties, neither the buyer’s nor seller’s interests are fully served. Consumers need to have all the facts in hand in order to make informed decisions.”

A recent NAEBA white paper titled “Consumer Protection and the Real Estate Industry,” makes clear the extent of the problem. While the states have attempted to better inform consumers through state disclosure laws, inconsistencies in these laws, as well as lack of compliance and enforcement, have left most home buyers in the dark. In fact, three studies by the National Association of Realtors since 2002 show that only about 30 to 35% of home buyers actually receive agency disclosure statements at their first meeting with a licensee, a level that is virtually unchanged since it was first revealed by the FTC in their 1983 study.

NAEBA believes that, at a minimum, consumers should know what kind of agent they have and who specifically that agent is responsible to in the transaction. The organization is supporting language that will bring transparency to the process by:

“In keeping with ongoing efforts to provide consumers with the tools they need to avoid foreclosures, we urge Congress to establish a federal requirement for real estate agency disclosure in the home buying process. Armed with the facts, the home buying public will be much better able to make informed and appropriate decisions – decisions that will impact their financial well-being for years,” stated Sullivan. “We look forward to working with members of the U.S. House and Senate to help their constituents on this important issue.”

About NAEBA

The National Association of Exclusive Buyer Agents (NAEBA) is an organization of real estate professionals who have dedicated their business lives to representing only buyers of real estate. To avoid conflicts, NAEBA members do not list homes for sale and never represent sellers. This restriction to one side of the real estate transaction ensures that the interest of home buyers is protected in every step of the real estate transaction, from house-hunting and negotiation, to inspection, financing and closing.

NAEBA is pioneering a nationwide effort to give today’s home-buying consumers the level of service they deserve and are increasingly demanding. NAEBA members firmly believe that home buyers have the same full and equal representation rights as sellers in any real estate transaction. NAEBA is comprised of over 450 Exclusive Buyers Agents across the country and has been in existence since 1995.

More Information

1-800-786-1570, www.naeba.org

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I hope Congress listens. I feel it is an excellent idea for consumers on both ends of real estate transactions to fully understand how agency works and how to best protect their interests. I wish I'd clearly understood myself when I bought my first four homes. Part of the reason I went to real estate school, became a Realtor (R) and EBA is because I want to make sure home buyers are protected when they make the most important purchase of theirs lives.

For more information check out my website: www.OregonExclusiveBuyersRealty.com

Salem, Oregon - I never list property but I do promote Exclusive Buyer Picks...

I am an Exclusive Buyer Agent - I only work with buyers and I never take listings...

Being a Real Estate Agent who doesn't take listings is a bit unique...and I like that!

It's not for everyone, but it works for me and for my clients who want to be sure that I'm not steering them towards my listings or my companies listings. Since we don't have any - there is never that conflict of interest.

As a matter-of-fact, our company is the only Exclusive Buyer Agency in the Salem area, and with four Exclusive Buyer Agents, we are the largest Exclusive Buyer Realty company in all of Oregon.

But just because I don't take listings doesn't mean I can't promote ANY and EVERY listing to my buyers. As an Exclusive Buyer Agent - everything on the market is a possibility for my clients, including FSBO properties.

When I see a great property listed by another agent and they would like me to promote it as an Exclusive Buyer Pick, I am more than happy to do it. So when you see "listings" on my blog, know they are not my personal listing but part of the entire marketplace of listings I can promote to buyers.

If you are a real estate agent who would like me to promote your special listings as "Exclusive Buyer Picks" in my web marketing I would love to work with you to give your listings more exposure. It can help us both. Bringing special properties to the eyes of more buyers is something I love to do.

If you are a real estate buyer, you can rest assured that every home is a home I want to show you and there isn't one home that will benefit me over another in the market. I will show you every home that meets your criteria. And when I find really wonderful properties I want buyers to know about, you will see them in my web presence as "Exclusive Buyer Picks."

Salem, OR...Now You See It, Now You Don't - The First-Time Home Buyer Credit as a Downpayment

On Monday, May 11, HUD Secretary Shaun Donovan announced plans to allow first-time homebuyers to use the tax credit toward their downpayment. National Association of Exclusive Buyer Agents, NAEBA President John Sullivan posted a letter from HUD on the NAEBA forums that outlined the plan.

However, according to contacts with both FHA and HUD, Mortgagee Letter 2009-15, which stated that first-time homebuyers would be allowed to use the tax credit for their downpayment, has been rescinded. FHA said, "The mortgagee letter has been rescinded for the time being." NAEBA President John Sullivan was told something similar when contacting HUD. Neither FHA nor HUD gave further details.

Well, gee whiz, it sounded like such a great thing. Hopefully it will be unrescinded and we can get more people in position to buy homes. Oftentimes the downpayment is the biggest hurdle. Many people have stable income and good credit - they just don't have a giant wad of cash lying about.

So let's all keep our fingers crossed for buyers and for sellers that this offer will be unrescinded. Remember, it takes a buyer to create a seller. Without buyers, sellers are just people who own homes. Buyers bring the money to the table. Using the first-time home buyers credit for a downpayment would certainly help with that.

If I hear anything different about this, I'll let you know.

Salem, OR... Public Hearing on Urban Chicken Keeping on May 26, at City Hall

C.I.T.Y. - Chickens In The Yard was on the agenda at the Salem City Council meeting for the first time on Monday, May 11th, 2009. We asked that the issue of urban chicken keeping be addressed in a pubic hearing and a motion was passed. The public hearing will be held on May 26, 2009 at City Hall in Salem.

City staff came back with the following recommendations for a proposed ordinance which includes the following:

  1. No roosters to be allowed.
  2. No more than three hens allowed on a property.
  3. Minimum lot size to be 10,000 feet.
  4. Chicken coops permitted in side and rear yards only, with a minimum setback of twenty (20) feet to any property line.
  5. Chickens must remain in the enclosure.
  6. Chicken keeping as a Special Use in the Residential Single-Family (RS) zone only.
  7. Chickens must be kept in sanitary condition, so as not to emit odors, or endanger public health.

Well, it's a start. But this is going to virtually eliminate about 72% of the properties in Salem that are under 10,000 feet. Basically, your lot would have to be nearly .23 acres in order to have three small pet hens. Yet, you are not restricted from having a 100 pound pig under current Salem City rules, no matter how large your lot. Lets not even talk about how many dogs and cats you can have. There is no limit...

There are no restrictions on lot size for chicken keeping in Portland, Oregon and it has been working there since the 1960s. We will challenge this in the public hearing with expert testimony from a state master planner.

The proposed setback is also unacceptable as some people have property on alley ways and have a proper buffer from neighboring residences. Twenty feet from the property line would not offer enough flexibility to people in coop placement. We will also be challenging this stipulation at the public hearing.

We welcome public support and hope that those in support of allowing Salem to keep pace with other Northwest cities that allow backyard hens will join with us on May 26th.

I will be speaking about the issue of property values and the myth that having chickens drops a property's value.

Hope to see you there! And we hope to see chickens in the backyards of Salem residents who choose to have them. With everyone's help we can pullet it. :-) (Very bad chicken pun, but I couldn't help myself...)

Chickens Do Not Reduce Property Values

One of the arguments against allowing backyard hens is that chickens kept within city limits will cause a reduction in property values.

This simply isn't so. Many cities across the nation already allow backyard hens. Real estate statistics show that property values in these cities have gained over the years. (It has only been since the current mortgage crisis that value have begun to decline and this has occurred whether a city allows chickens or not.)

In Corvallis, there is no limit to the number of hens you can keep in your backyard, yet the average sale price there is $230,436 compared to $211,963 in Salem. In Portland, chickens have been allowed since the 1960s and it remains a popular and expensive place to live. The average sale price there is 317,323 compared to $211,963 in Salem.

Last summer when the City of Fort Collins, Colorado looked into legalizing city chickens, it consulted Jane Leo with the Portland Metropolitan Association of Realtors. Ms. Leo indicated that to her knowledge, city chickens have not affected property values in Portland.

Homes in Portland and Corvallis, where backyard hens are permitted, have maintained a higher average estimated value and sale price than homes in Salem. Homes in Portland and Corvallis also sell slightly faster than homes in Salem.

It is obvious that having a few backyard hens does not drop property values.

For more detailed information please go to:

salemchickens.com and see the research packet available there.

The Urban Hen Movement started in the Pacific Northwest and has steadily spread it wings. It is only fitting that Salem join in allowing a few backyard hens with other cities like Portland, Olympia, Seattle, Corvallis, Eugene and Lake Oswego. It works in these communities and it can work in Salem too.