The CoastalREALTOR® News
Official Publication of the Newport Beach Association of REALTORS®
AUGUST 2014 V19 N8
•
NEWPORT BEACH •
ASSOCIATION OF REALTORS®
Wednesday, October 1, 2014see page 5 for details
Annual Charity Fashion Show Luncheon
Steve GlassBranch ManagerNewport Beach, CA949-809-2555NMLSR ID 453218
Justin Purpero Sales Manager 949-809-5329NMLSR ID 373589
Vikas Chaddah714-612-5093NMLSR ID 453275
Jacob Neushul949-644-7574NMLSR ID 450373
Michael Prime949-809-2550NMLSR ID 468654
Tina Vo949-809-5316NMLSR ID 450331
Lisa I. Chen949-809-2578NMLSR ID 455425
Saundra L. Gonzales949-261-6282NMLSR ID 460072
Maryam M. Gillany949-809-2558NMLSR ID 460014
Sigal Ronen949-933-9979NMLSR ID 447827
Joseph James Pirro 949-809-2590NMLSR ID 483673
Steve Pertschi949-733-0329NMLSR ID 450940
Joel F. Rodgers 949-887-0094NMLSR ID 448483
Loren C. Perez 949-436-1123NMLSR ID 448238
Andy H. Nguyen 949-809-2567NMLSR ID 455218
Joseph S. Marquez949-610-9072NMLSR ID 491688
Joe Magallanes 800-419-8577 NMLSR ID 491678
Dena Zeman312-274-4146 NMLSR ID 451131
John Farrell949-809-5327NMLSR ID 374639
Robert Guy Jacobs949-809-5303NMLSR ID 11463
Kristi Deutsch949-324-4068NMLSR ID 563158
Daniel Donald Baldwin949-212-5589NMLSR ID 222403
Brett Robinson714-955-9672NMLSR ID 491683
Eric Pathe949-734-9812NMLSR ID 899494
Grant Sedlak 949-809-2575NMLSR ID 1020169
David L. Stiffler949-809-2545NMLSR ID 265135
Liam Kiley Lefevour310-734-9155NMLSR ID 656579
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NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE THREE
Contents
Message from the PresidentPAGE FOUR
New MembersPAGE SEVENTEEN
Calendar of EventsPAGE EIGHTEEN
2015 Election Results PAGE SIX
Pocket Listings: Q&A PAGE SEVEN
Smartphone Training PAGE FIFTEEN
Official Publication of the Newport Beach Association of REALTORS®401 Old Newport Blvd., Ste. 100Newport Beach, CA 92663(949) 722-2300
The purpose of the Newport Beach Association of REALTORS® is to be a ser-vice and support organization through active participation in establishing pro-grams and services that will enhance and promote the successful business endeavors of its members. With integ-rity and competence, it will provide a positive link to the local community by cultivating goodwill and protecting the individual rights to own, transfer and use real property.
Editor: Tricia Moore / Kimberly Foreman
Production Coordinator: Ned Foley, Foley Publications, Inc.
Advertising information: 1-800-628-6983
©Copyright 2000 Foley Publications, Inc.All rights reserved.
The Coastal REALTOR® NewsThe Newport Beach Association of REALTORS® makes no warranties and assumes no responsibility for the accuracy of the information contained herein. The opinions expressed in article are not necessarily the opinions
of the Association of REALTORS®.
2014 Officers and Board of DirectorsNewport Beach Association of REALTORS®
President - Mary FewelVice President - David Girling
Treasurer - Kimberly Valentine-PoskaSecretary - Sue Podany
Directors:Bianca AvilaTony BartosGrant Bixby
Rob NorquistStephen Sutherland
Mark ToddCari Young
Executive Vice President: Tricia Moore, RCE, CAE
2014 C.A.R. Directors:Mary FewelDavid GirlingRob NorquistSue PodanyMark ToddCari Young
2014 C.A.R. 32nd Regional Chairman: Marie Thomas
Equal Housing Opportunity
Federal law prohibits dis-crimination based on race, color, religion, sex, handicap, familial status or national origin in connection with the sale of rental of residential real estate, in advertising the sale or rental of housing, in the fi nancing of housing, and in the provision of real estate broker-age services.
C.A.R. Expo PAGE EIGHT
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE FOUR
President’s Message
Mary Fewel2014 President
4 Tricks to Blowing Up Your Online Presence
If you’re trying to recognize the value of putting in the time and effort to opti-mize your website for Google search results, consider this: A joint study by Google and the National Association of REALTORS® in January 2013 found that 90 percent of home buyers search for homes online, with real estate–related searches on Google up 253 percent in the four years prior to the study.
You can bet there are even more peo-ple combing the Internet for homes since this study was done. Overall, pending home sales surged 6.1 percent in May of this year, the largest month-over-month gain since April 2010, according to NAR. At the same time, new-home sales shot up 18.6 percent to its highest rate since May 2008.
What all this means is that, with sales activity rebounding at a healthy pace as the market continues its recovery, there are a lot of people surfing the Web for your services. With home shoppers performing an average of 11 searches before taking action on a real estate site, the NAR/Google study found, it’s
important that you get yourself front-and-center on the Internet. Here are five things you should be doing to get your website at the top of Google search results and win the digital marketing game.
Use Local Terms in Your MarketingHouse hunters are searching for local
terms when they’re perusing the Web for a property for sale. Sixty-nine per-cent of shoppers who took action on a real estate site began their search with a local term, such as “Houston homes for sale,” according to the NAR/Google study. Furthermore, 52 percent of actions taken on a real estate site came directly from a local search on a search engine.
This should tell you that you need to make as many local references as possible on your website and in your marketing. This will improve the search engine optimization (SEO) of your web-site, and your brand will appear higher in the results when people search for those terms.
Provide Relevant ContentOnce someone lands on your website
from a search engine, you want to give them a reason to come back. This is where quality content comes in. Link to your favorite magazine articles and news websites. Make your website visi-tors want to come back because they know they will find fresh and relevant content there.
“Deep linking” is also a solid SEO tech-nique and a way to add more content. For example, if you’re blogging about houses for sale in Houston, you can link to other blogs talking about related topics, such as shopping malls or events in the area.
In addition, consider using internal
links and site maps for more activity on your website.
Make Your Blog Say MoreStop posting blog entries on your
website that say “Buy a condo now. Limited promo.” Your blog shouldn’t be an advertisement. (You already have a section for your listings, right?) It should be a source of relevant and interest-ing information. Publish articles and blog posts with a unique angle, clever headlines, and good photos with witty captions.
If you want to write a post about condos — maybe that’s your specialty — then write about interesting data, research, tips, or related features that speak to the experience of living in a condo. Don’t just write about the features of your listings over and over again.
Be MobileEighty-nine percent of new home
shoppers use a mobile search engine when house hunting on the Internet, and 68 percent use mobile apps, accord-ing to the NAR/Google study. That’s why it’s necessary to have a mobile presence for your business. Does that mean you should have your own app or a mobile-optimized website? Here’s a guide on how to choose one or the other.
Because consumers are increasingly turning to their mobile devices, it also makes sense for you to operate with more mobility. Try these apps designed for the real estate business as a starter. They’ll help you manage documents and keep in contact with your custom-ers no matter where you are. These items will help you to conduct business in the digital age and better market yourself to more mobile and tech-savvy clients.
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE FIVE
Wednesday, October 1, 2014
11:00am Registration/Silent Auction,12:00 noon Luncheon
The Island Hotel690 Newport Center Dr., Newport Beach
$65 per person
Proceeds Benefit:Miracles for Kids
Federal Tax ID #91-2160616 •
NEWPORT BEACH •
ASSOCIATION OF REALTORS®
Please Register Me for the 2014 Charity Fashion Show Luncheon
Name(s):
Company: Phone:
Reservations by payment - $65 per person - Sorry No Refunds Tables of 10 Available - $650
Please charge my credit card the amount of $ for tickets.
Visa / MC / AMEX #: Exp. Date:
CVC #: Signature:
Or Enclosed is my check in the amount of $ for tickets. (Please make checks payable to NBAR.)
Mail or Fax to:
NBAR, 401 Old Newport Blvd., Ste 100, Newport Beach, CA 92663(949) 642-4105 Attn: Kimberly Foreman
Annual Charity Fashion Show Luncheon
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE SIX
Year 2015Election Results
Officers:
President - Dave Girling, Coldwell BankerVice President - Sue Podany, Berkshire Hathaway
Treasurer - Mark Todd, Arnel Real EstateSecretary - Bianca Avila-Small, Surterre Properties
Directors:
Tony Bartos, HOM Sotheby’s International RealtyMary Fewel, Metro Estates
Spyro Kemble, Surterre PropertiesRob Norquist, HOM Real Estate Group
Jeff Stokes, Coldwell BankerStephen Sutherland, Prudential California RealtyCari Young, HOM Sotheby’s International Realty
continued on page 11
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE SEVEN
I. IntroductionREALTORS® marketing a property
for which they have obtained a list-ing will generally place that listing on the Multiple Listing Service (MLS). At times, however, listings are not placed into the MLS. Listings not placed on the MLS are commonly referred to as “pocket listings”. This article will discuss the various legal issues and risks of pocket listings. Unless otherwise stat-ed, this article references the California Model Multiple Listing Services Rules (Amended February 2013). REALTORS®, however, must comply with their own local MLS rules. Many local MLSs adopt the Model MLS Rules in its entirety, whereas other MLSs may have slight variations and may have different num-bering systems.
II. General OverviewQ 1. What is a pocket listing?
A A pocket or off-MLS listing gener-ally refers to a listing agreement that an agent has obtained but does not place on the MLS. A “pocket listing” is not a legally-defined term, and can have other meanings as discussed below.
Q 2. Is a pocket listing legal?A Yes, a pocket listing can be legal.
However, a pocket listing raises a num-ber of legal and practical issues that agents should consider and address as discussed below.
Q 3. Doesn’t a listing broker who is a broker participant of an MLS have to submit all listings to the MLS upon obtaining a signed listing agreement from a seller?
A Generally, yes. A broker participant of an MLS must generally submit new listings for one-to-four residential units and vacant lots located within the MLS service area to the MLS within 2 days after all necessary signatures of the seller(s) have been obtained or at the start date of the listing, whichever is later (Model MLS Rule 7.5). Some local MLSs may have different time frames. However, the Model MLS Rules provide an exception to the mandatory submis-sion requirement if the seller refuses to permit the listing to be disseminated by the MLS. In that instance, the listing broker must submit to the MLS a certi-fication signed by the seller stating that the seller does not authorize the listing to be disseminated by the MLS (Model MLS Rule 7.6). C.A.R. standard form Seller Instruction to Exclude Listing from the Multiple Listing Service (Form SELM) serves this purpose. Generally
this form should be submitted to the MLS within the time period required for submission of the listing.
Q 4. Some agents obtain listings which they do not place in the MLS, but share the listing information with other agents through informal or formal groups of agents. Is this legal and is it still considered a pocket listing?
A Yes, such groups may be legal assuming they do not violate, for example, anti-discrimination and anti-trust laws as discussed below. A listing shared by a broker with only non-MLS groups would still generally be consid-ered a pocket listing as it is not submit-ted to the MLS.
Q 5. If I have a pocket listing, am I required to present to the seller any offers received from agents who are not in my brokerage or group?
A Yes. A listing agent is generally required to present all offers to the seller under the listing agent’s fiduciary obligation to the seller. A listing agent who is a REALTOR® also has an ethical duty to present “offers and counter-
Pocket Listings: Q&A
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE EIGHT
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© 2013 Heritage Fields El Toro, LLC. All rights reserved. Great Park Neighborhoods is a trademark of and the bicycle logo is a registered trademark of Heritage Fields El Toro, LLC (Heritage Fields) dba Great Park Neighborhoods used for the marketing of new home neighborhoods in Irvine, California. Five Point Communities Management, Inc. (Five Point Communities) is the development manager of Great Park Neighborhoods. Neither Heritage Fields nor Five Point Communities is designing, constructing or offering homes for sale in Great Park Neighborhoods. All proposed amenities are subject to change without notice. Lifestyle photography does not refl ect any ethnic or racial preference.
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NEWPORT BEACH ASSOCIATION OF REALTORS® JANUARY | TWO THOUSAND-FOURTEEN PAGE TEN
Foley Publications, Inc. located in Denver, Colorado, is proud to partner with the Newport Beach Association of REALTORS®. Together we provide a professional, interactive monthly e-magazine for the Association’s membership.
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As I am sure you have all know as of August 1st California Desert Association of REALTORS® is no longer allowing recip-rocal access to the Desert Area MLS and as of August 23rd they will pulling from the CARETS database.
So with all the changes taking place in the desert Palm Springs Regional Association wants to make clear where they stand as they have been receiving many calls from members.
1. Palm Springs Regional Association has signed a data share agreement with California Desert Association & California Regional MLS.
2. Palm Springs Regional Association is the only desert AOR/MLS covering Palm Springs and the Coachella Valley, that has ALL listings on its systems – California Desert Association, Palm Springs Regional Association, CARETS, & CRMLS
3. Palm Springs Regional Association keys will work on all lockboxes in the desert – California Desert Association, Palm Springs Regional Association, CARETS & CRMLS
4. Palm Springs Regional Association is NOT part of Desert Area MLS any longer – California Desert Association is the only one that is Desert Area MLS.
The Newport Beach Association of REALTORS® is part of CRMLS, which means there is not manual reciprocal data
exchange needed. The “data share” agreement has already been signed and everything will be done automatically between the two systems. Therefore you will continue on as you have been currently.
If you have any additional questions, please contact Palm Springs Regional Association regarding how you might be able get full access to listings in Palm Springs and all areas within the Coachella Valley 760-320-6885 is their direct line
CDAR and the Desert Area MLS
Pocket Listings: Q&A
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE ELEVEN
offers objectively and as quickly as pos-sible” under Standard of Practice 1- 6 of the NAR Code of Ethics. So if a buyer’s agent who was not a part of the listing agent’s brokerage or non-MLS group became aware of the listing and pre-sented an offer to the agent with the pocket listing, the listing agent would generally be obligated to present the offer to the seller. However, as it is not on the MLS, the listing agent may have no obligation to offer compensation to the buyer’s agent, unless otherwise agreed.
Q 6. I am a buyer’s agent. My client wants to write an offer for a pocket listing. The property is listed for sale as indicated by the listing broker’s “For Sale” sign in the front yard, but the property is not in the MLS, even though the listing broker is a broker participant of our local MLS. What should I do?
A You can check with your local MLS to determine whether the listing broker has submitted a signed seller’s certifica-tion not to disseminate the listing in the MLS. If not, you can file a complaint with the MLS for a violation of Model MLS Rule 7.5.
You can also submit your buyer’s offer to the listing agent for the seller’s consideration. Because the property is not in the MLS, you are not entitled to compensation from the listing broker. You should consider entering into a Buyer Representation Agreement – Exclusive (C.A.R. Form BRE) with the buyer to secure your entitlement to compensation. You and the listing broker may also enter into a Cooperating Broker Compensation Agreement (C.A.R. Form CBC) to secure your entitlement to compensation.
III. Pocket Listings and California Real Estate LawQ 7. Could a pocket listing violate the California real estate law?
A Yes. A pocket listing could be deemed as a breach of a listing agent’s fiduciary duty to the seller if the arrangement is not in the seller’s best interest. To avoid violating the law, a listing agent should make sure that a seller understands the pros and cons of doing a pocket listing, and voluntarily agrees to the pocket listing before withholding the property from the MLS.
Q 8. Why does a pocket listing potentially violate the real estate law?
A Real estate licensees have a fiduciary duty to their clients. California law imposes an “obligation of undivided service and loyalty” of an agent to his or her client (Rattray v. Scudder (1946) 28 Cal.2d. 214). An agent owes a complete duty of the highest good faith in his or her dealing with the client and cannot use the position to his or her own advantage (Thomas v. Snyder (1930) 114 Cal. App. 397,Ward v. Taggart (1959) 51 Cal.2d 736). Furthermore by statute, a listing agent has a “duty of utmost care, integrity, honesty and loyalty” when dealing with the seller and a duty of “honest and fair dealing and good faith with the seller” (Cal. Civ. Code § 2079.16).
Generally, placing a listing in an MLS advertises the property for sale to a wide range of people to help sellers obtain the highest possible price for their home as they desire. The MLS gives a property very wide exposure and provides an economic incentive,
through the offer of compensation to cooperating brokers, for buyer rep-resentatives to show their clients the property.
It is possible that after a full discus-sion of how the MLS works and the particular interests of a seller that a seller may not wish to place his or her property on the MLS. Typically such reasons can include a desire for privacy and to avoid showing the seller’s home to many prospective buyers and their agents, a desire to keep the sale confi-dential, such as in the case of, for exam-ple, wealthy or celebrity clients, a desire to safeguard the property against van-dalism or theft, or the need for a quick sale in order to realize cash quickly for personal or business reasons. However, an agent should still make sure that he or she has discussed with the clients the benefits of placing a property on the MLS and the downsides of not doing so.
While there may be some sellers who opt for limiting the marketing of their property by not placing it in the MLS, the reasons for MLS exclusion are usu-ally not readily apparent and yet, the upside of a pocket listing for the broker is clear. If the listing broker procures a buyer, the brokerage will receive a full commission with no monies having to be paid to a cooperating broker out-side the listing brokerage. If the listing broker is sharing the pocket listing with a small group of brokers, there is likely to be a benefit to the broker for being a member of this small club, such as access to certain properties which may benefit the broker’s other clients or the broker’s ability to earn commissions but which do not provide much of a benefit to a particular seller.
As the upside for the broker is so apparent, whereas the benefits of reducing the amount of marketing of a property and the elimination of
continued from page 7
continued on page 12
Pocket Listings: Q&Acontinued from page 11
continued on page 14
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE TWELVE
economic incentives to agents to bring buyers to the seller are not readily apparent, a listing broker should not agree to a pocket listing unless the seller makes a fully informed decision to not disseminate the listing in the MLS. As an additional precaution, the listing broker should be able to articulate why the seller chose to do a pocket listing. The listing broker owes a duty to act in his or her client’s best interest, and potentially violates that fiduciary duty by placing his or her desire for a higher commission above the client’s best interests.
Q 9. What are the consequences to a broker if the broker does not properly perform his duties?
A A broker could face a civil suit and possible liability for monetary damages suffered as a result of the breach of fiduciary duty to the seller, as well as be subject to, among other things, discipline by the California Bureau of Real Estate (BRE) for any substantial misrepresentation, fraud, dishonest dealings, negligence or incompetence, resulting in the loss or suspension of his or her real estate license (Cal. Bus. and Prof. Code sections 10176 and 10177).
IV. Pocket Listings and the NAR Code of Ethics and Standards of PracticeQ 10. Could a pocket listing violate the NAR Code of Ethics and Standards of Practice?
A Possibly so. Depending on the conduct of a REALTOR® in obtaining and handling the pocket listing, the REALTOR® could violate Article 1 of the Code of Ethics as well as Standard of
Practice 1-12 and possibly Article 3 and Standards of Practice under that Article (as discussed below).
Q 11. How could a pocket listing violate Article 1 and the associated Standards of Practice?
A Article 1 of the NAR Code of Ethics requires a REALTOR® to “promote and protect the interests of the client.” This obligation is similar to the fiduciary duty under California law that an agent has to his or her client discussed in Question 7. Standards of Practice 1-12 also specifically requires a REALTOR® to discuss with the seller his or her “company policies regarding cooperation and the amount(s) of any compensation that will be offered to subagents, buyer/tenant agents, and/or brokers acting in legally recognized non-agency capacities”. Arguably that could extend to explaining to a client that, if the MLS is used, compensation may be shared with outside agents, while in a true pocket listing compensation will not be shared and the ramifications of that.
Q 12. How could a pocket listing violate Article 3 of the NAR Code of Ethics and the associated Standards of Practice?
A Article 3 of the NAR Code of Ethics places on a REALTOR® a duty to cooperate. The requirements of that duty are well defined by Standard of Practice 3-10 which states that the “duty to cooperate established in Article 3 relates to the obligation to share information on listed property, and to make property available to other brokers for showing to prospective purchasers/tenants when it is in the best interests of sellers/landlords”. Consistent with Article 1 and general
fiduciary duty obligations, a REALTOR® should only restrict information availability and showings by agents from outside the agent’s brokerage regarding a property when it is in the best interests of the client.
The duty to cooperate under Article 3, similar to the duty to present all offers to a seller from buyers’ agents, does not require the payment or promise to pay to cooperating broker any compensation. It solely relates to the issues listed in the above paragraph.
V. Pocket Listings and Fair HousingQ 13. Could a pocket listing create a risk for a licensee of a fair housing violation?
A Yes (see Question 14).
Q 14. How could a pocket listing create a fair housing issue?
A REALTORS® are likely to be aware of their legal and ethical duties not to engage in any type of unlawful discrimination. If a person came up to a REALTOR® and said he or she did not want the property on the MLS because he or she did not want to sell to members of a certain group based on race, color, religion, sex, or other arbitrary classification, the REALTOR® could not participate in such an action. However, there is also a risk of a fair housing claim based on a claim of disparate impact with pocket listings, even when there is no intent to discriminate.
Q 15. What is disparate impact?A Under federal law there can be
liability under the fair housing laws for
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NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE FOURTEEN
a person who engages in a practice that has a discriminatory effect even if there is no intent to discriminate. The law states that a “practice has a discriminatory effect where it actually or predictably results in a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns because of race, color, religion, sex, handicap, familial status, or national origin” (24 CFR section 100.500).
Q 16. How could a pocket listing situation create a disparate impact?
A Here is an example of a disparate impact. A pocket listing is arranged by a brokerage that only makes the listing available to other agents in the brokerage or private group. If, for example, the location of the pocket listing is in an area that is predominantly made up of a certain racial group and the clients or those who have expressed interest in the services of the brokerage or private group are almost exclusively members of that same racial group, and all of the advertising is directed to clients or those who have expressed interest in the services of the brokerage, the property is most likely going to be sold to a member of that racial group. The pocket listing arrangement in this case is in effect reinforcing segregated housing patterns even though there may be no intent to discriminate. Under this situation, the property is likely to end up being sold to members of a particular race reinforcing the racial characteristics of the neighborhood.
The problem in the above example is that the practice of limiting the marketing of the property leads to the buyer almost certainly being a member of a particular group. If the property were put on the MLS, the property is
being marketed to everyone, and no particular group is being targeted. The ultimate buyer after a listing on the MLS may end up being a member of the dominant group in that neighborhood but that outcome is not predetermined by marketing practices. It simply reflects who happened to have the best offer or who was interested in the property.
Q 17. Are there defenses to such discrimination claims?
A Yes. If a person is able to prove a practice leads to the discriminatory effects discussed above, a defendant in such an action can try to raise the defense that the practice is “necessary to achieve one or more substantial, legitimate, nondiscriminatory interests” of the person engaged in the practice and those “interests could not be served by another practice that has a less discriminatory effect” (24 C.F.R. section 100.500). For example, if confronted by such a claim and the claim was accurate (i.e. it does result in a discriminatory effect), even if there is no intent to discriminate a brokerage or group of brokers would have to articulate the reasons for engaging in the practice and why those goals could not have been met by using a practice that would not guarantee a discriminatory impact such as listing the property in the MLS.
Q 18. What are the possible consequences if there was a finding of a violation of the federal fair housing laws?
A A licensee could face the possible suspension or revocation of his or her license, and if a civil suit is brought by an individual or by the federal government, penalties can include significant fines, including a fine for each
violation proved, punitive damages and attorneys’ fees (10 C.C.R. section 2780, 42 U.S.C. sections 12188(b) and 12205, 24 C.F.R. section 180.671).
VI. Pocket Listings and Antitrust
Q 19. Could a pocket listing raise antitrust concerns?
A A pocket listing on its own is unlikely to raise antitrust issues; however, brokers who have pocket listings and work in groups with other brokers could create antitrust issues depending on the practices those groups engage in.
Q 20. How could a group of brokers with pocket listings violate antitrust laws?
A If competing brokers agree to work together in formal or informal groups that mandate a minimum commission that must be paid, the price-fixing arrangement is generally a per se violation of the antitrust laws, subjecting all participants to potential liability. Many REALTORS® express frustration that the MLS does not set minimum commission rates for members, and while there are many reasons for that practice, one of the main reasons the MLS does not have a mandatory minimum commission is the exposure to possible prosecution or litigation for violating the antitrust laws.
Pocket Listings: Q&Acontinued from page 12
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE FIFTEEN
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SMARTPHONE TRAINING WORKSHOP
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AUGUST 20TH 9 AM TO 1 PM
THIS EVENT IS HOSTED BY THE NEWPORT BEACH BOARD OF REALTORS 401 OLD NEWPORT BLVD NEWPORT BEACH CA. COST: $75.00
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NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE SEVENTEEN
Welcome New Members
DESIGNATED REALTOR MEMBERSHIP Tim CarrTim Carr Group
Corey GulbransonShorecrest Real Estate
Ryler KropfBac Real Estate Group
REALTOR MEMBERSHIPGilbert AstrucAbrams Coastal Properties
Willard ChilcottColdwell Banker
Krystle DeanHarbor Real Estate Investments
Joseph DeperineHOM Sotheby’s
Barbi DiMercurioColdwell Banker
Justin DunnJames Lamon Dunn
Carlos EscobarZip Realty
Yvonne EspinozaWarmington Residential
Virginia GeddesColdwell Banker
Ann GildersleeveNationwide Real Estate
Kristina HeimstaedtNewport Crest Realty
Del MomeniBerkshire Hathaway Homes
Andrew MooreTeles Properties
Robert RobinsonColdwell Banker
Adrienne SalyerHOM Sotheby’s
Jennifer ShawArbor Real Estate
Linda ShenWarmington Residential
Jay ShneiderWarmington Residential
James ThomasWarmington Residential
Calif TrinhHOM Sothebys
Christy WalkerArbor Real Estate)
AFFILIATE MEMBERSHIP Chris JennemannChase
Hope CarrCorintian Title
Ben LlorinFidelity National Title
Alissa HittnerKey Escrow
Dylan BaileyNewport Exterminating
Wendi ThomProminent Escrow
Ryan HuntsmanTransAmerican Escrow
Lari RyanTrilogy Financial Services
Craig ClarkUS Bank
BROKER PARTICIPANT MEMBERSHIPFrank AugustFrank August, Broker
Nghia Trong LeLe Real Estate
Emery LedgerEmery Ledger, Broker
John RiceCoastside Associates Real Estate
Terry Ann Ford
Coastside Associates Real Estate
CLERICAL ASSISTANTDeavin AllenHOM Sotheby’s International Realty
Gina MoyerSurterre Properties
Karen WeinbergHOM Sotheby’s International Realty
Daniel WorkmanTeles Properties
MEMBER TRANSFERSLara Bakerfrom Berkishire Hathaway to Surterre Properties
Lisa Bakerfrom Berkishire Hathaway to Surterre Properties
Ryan Gundersonfrom Waterpointe to Abrams Coastal Properties
Breanna Lepantefrom Surterre Properties to Partners Real Estate
Mike Postil from HOM Sotheby’s to Surterre Properties
Paulo Priettofrom Rogers Realty to Villa Real Estate
Michael Salasfrom Coldwell Banker to Keller Williams
Ron Schwalbefrom HOM Sotheby’s to Realty One Group
NEWPORT BEACH ASSOCIATION OF REALTORS® AUGUST | TWO THOUSAND-FOURTEEN PAGE EIGHTEEN
EVERY THURSDAY11:00 am - 2:00 pm Broker Open House, areas 9, 11, 12, 25-27
EVERY FRIDAY11:00 am - 2:00 pm Broker Open House, areas 1-8, 10, 14-17
•
NEWPORT BEACH •
ASSOCIATION OF REALTORS®
C A L E N D A R O F E V E N T S2014
Tue, Aug 5th - 9:00 AM - Affiliate Committee Meeting
Wed, Aug 6th - 9:00 AM - Duane Gomer Seminar
Thu, Aug 7th - 9:30 AM - Young Professional Network Meeting
Tue, Aug 12th - 1:00 PM - MLS Board of Director Meeting
Thu, Aug 14th - 9:30 AM - Gov’t/Political Affairs Meeting
Wed, Aug 20th - 9:00 AM - Train Your SmartPhone Seminar
Wed, Aug 27th - CRMLS Training Classes
10:00 AM - 11:00 AM - CRMLS Flyers & Marketing Tools
11:00 AM - 12:00 PM - Cloud CMA
1:00 PM - 2:00 PM - Time Saving Tips
2:00 PM - 3:00 PM - Automating Your Clients in Matrix
