LISTING AGREEMENTS - Arizona Association of REALTORS®

SUMMER 2013

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LISTING

AGREEMENTS

AND MORE

CODE TALK!

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A MESSAGE FROM 2013 AAR PRESIDENT SUE FLUCKE

Hello! It¡¯s summertime in our great state and the market

I¡¯ve had the tremendous

now is a great time to buy. The inventory issues we

you and am honored by your

is really heating up. With interest rates still at all-time lows,

continue to face could very well be alleviated if

homeowners only knew how much equity they actually

had in their homes. It¡¯s up to all of us to spread the word.

As the temperatures continue to rise, I think we¡¯ll also see

a steady rise in homeowners looking to sell. Now is a

great time to be a REALTOR in Arizona!

?

As I approach the half-way mark in my presidency, I¡¯m

proud of what we¡¯ve accomplished so far. Our Spring

Convention was an incredible success; bringing together

opportunity to meet with many of

warm receptions. The pace also

hasn¡¯t slowed at all when it comes

to our interactions with ADRE and

we¡¯ll continue to update you on

our progress. The challenges we

face overall are of the utmost

importance to me, and I¡¯m

confident we¡¯ll find new ways to

Sue Flucke, CRB, GRI, rCRMS

2013 AAR President

transform our industry together.

some of the best minds in our industry. I walked away with

This month, take a little time to meet with your clients and

professionally; and I know many other attendees who left

basics. So often, I see transactions spiral out of control by

a bunch of new tools to help me grow personally and

with the same enthusiasm. I¡¯m also proud of the work

we¡¯ve done to keep anti-deficiency intact. We continue to

work alongside the bankers to protect homeownership for

all Arizona residents, and are committed to remaining

cooperating agents (and remind yourself) to get back to

a single instance of miscommunication. Always remember

that communication is everything. Don¡¯t forget that a

phone call can make a huge difference.

steadfast in our fight. We¡¯ve also introduced two new

I¡¯m looking towards my last six months as President of

have been very well received and will help property

and that you remember to exceed the expectations of

advisories, one for tenants and one for lease owners, both

managers out tremendously.

I knew coming into this term that I¡¯d be busy, but I¡¯m most

surprised by how rewarding this non-stop pace has been.

AAR with enthusiasm. I hope you have a great summer

those around you!

Take care,

Sue

Arizona REALTOR? Magazine ¡ª March 2013

CODE TALK

LISTING AGREEMENTS

This month, we¡¯ll explore how the NATIONAL

ASSOCIATION OF REALTORS Code of Ethics affects the

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listing agreement. AAR interviewed three brokers with

some great advice on creating an effective listing

agreement. Overall, the biggest takeaway: Take your time.

For most agents, a listing agreement is the first step

towards making a sale, and each aspect must be perfectly

executed. The listing agreement allows REALTORS? to

¡°market, show, enter (unless otherwise informed not to),

write the contract and present the contract,¡± said George

Watrous. Pat Leach, a broker with Keller Williams Southern

Arizona in Tucson, also agrees adding that the listing

and holds your fiduciality forever.¡± And while the importance

is clearly evident, sometimes the execution is lacking.

¡°I tell my agents two things when filling out the listing

agreement,¡± says Watrous. ¡°First, unless it is an either/or

situation, never leave a line blank. Second, write at a

third-grade level.¡± Ron Roberts, designated broker, ABR,

CRB, CRS, GRI at Dominion Real Estate Partners, LLC in

Scottsdale, also agreed with Watrous. ¡°A bad listing

agreement is one where you start adding verbiage that

creates ambiguities¡­ it is just not necessary.¡± Agents

must also make sure that they are using the right form.

agreement ¡°allows you to procure a buyer for the property

A R I Z O N A R E A LT O R

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QUARTERLY

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SUMMER 2013

IN THIS ISSUE

3

A R I Z O N A R E A LT O R ? Q UA R T E R LY

SUMMER 2013

CODE TALK

4

Fair Housing

6

The Case for

Buyer-Broker

Agreements

FEATURES

7

Fair Housing's

Disparate Impact

9

Property Management

Is it a "Win-Win"

or a "Lose-Lose"?

And be sure to visit AAR¡¯s Blog

online at

12 Get a C.L.U.E.

13 Legal Hotline

Another thing to note, said Roberts is to ¡°explain the

process so your client has realistic expectations and

emphasize the importance of having all communications

Agency Disclosure (for client)

Agreement Notice (for short sales)

ARMLS Data Input Form

directed to you, their agent.¡± Leach adds that a listing

CLUE Report

and pray it sells.¡± She says it¡¯s a commitment to doing

IMAP Tax record

agreement is not just a ¡°PPP. Put up a sign, put it on MLS

the right thing for your clients.

Once the Listing Agreement is filled out completely, the

next step is to make sure that all additional forms are

included. These forms vary from brokerage to brokerage,

but here¡¯s a list the brokers who contributed to this article

gave us that they require:

Affidavit of Disclosure

County Lot Split

RESPA

Arizona REALTOR? Quarterly & Arizona REALTOR? Magazine

Domestic Water Well (if applicable)

Lead-Based Paint Form (prior to 1978)

ER or EA (Exclusive Right to Sell, Exclusive Agency)

Listing Addendum

Market Condition Advisory

MLS Printout

At the end of the day, all brokers agreed that a good

listing agreement is complete and includes photos and

video of the property; is priced well; and holds true the

commitment to your clients to make recommendations

on the sale of their home.

? Copyright 2013 Arizona Association of REALTORS?. For reprint permission, contact editor@.

Images, with the exception of authors¡¯ photos (or if indicated otherwise), are ? Copyright 2013 .

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LISTING AGREEMENTS ¡ª CONTINUED

Jan Steward comments:

Below is an excerpt from Arizona Real Estate: A

Professional¡¯s Guide to Law and Practice by K. Michelle

Lind, Esq., chief executive officer of the Arizona

Association of REALTORS?

¡°The listing agreement is an employment agreement

between the seller and the listing broker. This agreement

Arizona REALTOR? Magazine ¡ª April 2013

CODE TALK

establishes the duties of the broker and seller, including the

FAIR HOUSING

of the common issues included in a listing agreement are:

BY JAN STEWARD, AAR RISK MANAGEMENT SPECIALIST

terms under which the broker will earn a commission. Some

The agency relationship between the broker and seller;

The amount of compensation and when it is earned;

Authorization for the listing broker to cooperate with

and compensate cooperating broker;

Permission to disseminate information on the MLS, on

the Internet, and in other advertising;

Permission to use a lockbox and access the property;

A seller cooperation agreement;

under the caption, Code Talk, in the Arizona REALTOR?

Magazine, discussing the various ways the code governs

professional conduct and interaction with the consumer in

every day transactions.

landmark Fair Housing Act. Each year, REALTORS?

Dispute resolution.

There are 14 individual multiple listing services in

Arizona and each has its own listing agreement form.

Thus, the terms in a listing agreement vary dramatically

across the state¡±.

recognize the significance of this event and reconfirm our

commitment to upholding fair housing laws as well as

our commitment to offering equal professional service to

all in their search for real property.

If you have not read the Fair Housing Declaration in a

Here are some things to consider:

Does the listing agreement touch upon any of the

following Articles in the Code of Ethics?

Articles 1-9: Duties to Clients and Customers.

What about Articles 15-17: Duties to REALTORS ?

?

I challenge you this month, to review the Code of Ethics

and determine which articles you think are relevant to the

listing agreement. You are invited to share your opinions by

using the comments area below. i

while, I encourage you to do so.



Every real estate licensee in Arizona is required to take a

minimum of three hours of continuing education in Fair

Housing each renewal period, so you are already well

versed in Fair Housing issues. What can AAR impart to

our members regarding their duty to offer equal services

to all and thereby provide consumers with equal

opportunity in housing? Article 10 states:

REALTORS? shall not deny equal professional services

to any person for reasons of race, color, religion, sex,

ABOUT THE AUTHOR

Jan Steward brings a wealth of experience to the

Arizona Association of REALTORS? as the Risk Management

Specialist. She is a former title company manager and

escrow officer with paralegal training. As a REALTOR? and

broker, Jan served the Northern Arizona Association of

REALTORS? (NAAR) as board president, vice-president,

director, MLS chair, delegate to NAR¡¯s national convention

and a member of the Professional Standards and Grievance

Committees. Jan was honored as REALTOR? of the Year by

NAAR. She also has served on AAR's Professional Standards

Committee and a variety of ad hoc committees.

A R I Z O N A R E A LT O R

will be celebrating the code with monthly articles published

April 2013 marks the 45th anniversary of the 1968

A seller warranty of ability to convey title; and

What about Duties to the Public, Articles 10-14?

Editor¡¯s Note: The Code of Ethics turns 100 in 2013. AAR

?

QUARTERLY

handicap, familial status, national origin, or sexual

orientation. REALTORS? shall not be parties to any plan

or agreement to discriminate against a person or

persons on the basis of race, color, religion, sex,

handicap, familial status, national origin, or sexual

orientation (Amended 1/11).

SUMMER 2013

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FAIR HOUSING

You are therefore reminded that regardless of your client¡¯s

denial is because of the prospective tenant¡¯s non-conformity

origin or sexual orientation they are entitled to the same

discrimination on the basis of sex under the Fair Housing Act.

In the March Code Talk column, members discussed the

discrimination to cover employment in real estate offices:

race, color, religion, sex, handicap, familial status, national

level of care and service that you take pride in offering.

with gender stereotypes, it may constitute illegal

Finally, a reminder that Article 10 and SOP 10-4 extends

mechanics of listing agreements, ancillary forms for

As used in Article 10, ¡°real estate employment practices¡±

Internet as it pertains to the Code of Ethics. Standard

providing real estate-related services and the

listings, MLS dissemination and advertising through the

operating procedure (SOP) 10-3 relates to listings, as

well stating: ¡°REALTORS? shall not print, display or

circulate any statement or advertisement with respect to

selling or renting of a property that indicates any

preference, limitations or discrimination based on race,

color, religion, sex, handicap, familial status, national

origin, or sexual orientation,¡± (Adopted 1/94,

Renumbered 1/05 and 1/06, Amended 1/11).



Mary Lee Greason, a Tucson REALTOR? and Fair Housing

educator, offered some sage words of advice: ¡°In

advertising our listings, we need to remember the advice I

heard years ago from an attorney [who] prosecuted Fair

Housing violations, ¡®Stick to the amenities of the property

and not the people who might live there!¡¯¡±

The Department of Housing and Urban Development

recently shared two scenarios which may constitute

housing discrimination:



/LGBT_Housing_Discrimination

A gay man is evicted because his landlord believes he

will infect other tenants with HIV/AIDS. That situation may

constitute illegal disability discrimination under the Fair

Housing Act because the man is perceived to have a

disability, HIV/AIDS.

A property manager refuses to rent an apartment to a

prospective tenant who is transgender. If the housing

relates to employees and independent contractors

administrative and clerical staff directly supporting those

individuals. (Adopted 1/00, Renumbered 1/05 and 1/06).

I would like to leave you with the following from the

National Association of REALTORS?:

As REALTORS?, our success isn¡¯t measured by the

bottom line. It¡¯s measured by the trust of our clients

and customers and the esteem in which we¡¯re held

by our colleagues and competitors. The National

Association was founded with the goal of uniting the

real estate profession through high standards to

protect buyers and sellers. 100 years after its

adoption, the Code of Ethics continues to be what

sets us apart as REALTORS?. i

ABOUT THE AUTHOR

Jan Steward brings a wealth of experience to the

Arizona Association of REALTORS? as the Risk Management

Specialist. She is a former title company manager and

escrow officer with paralegal training. As a REALTOR? and

broker, Jan served the Northern Arizona Association of

REALTORS? (NAAR) as board president, vice-president,

director, MLS chair, delegate to NAR¡¯s national convention

and a member of the Professional Standards and Grievance

Committees. Jan was honored as REALTOR? of the Year by

NAAR. She also has served on AAR's Professional Standards

Committee and a variety of ad hoc committees.

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