Printable Version      Email to a Friend

Back to REALTOR® Connection Archive

December 5, 2005   




HOLIDAY CLOSURE. . . PGCAR's Offices will be closed on Friday, December 23, and Monday, December 26. They will reopen at 9 a.m. on Tuesday, December 27. The offices will also be closed on January 2, 2006. Enjoy a safe and happy holiday!

 
Click here to sign up for the PGCAR Annual Holiday Gala!   ANNUAL HOLIDAY GALA - NEXT WEEK. . .
PGCAR's Annual Holiday Party will be held next Tuesday, December 13, from 6 to 10 p.m. at La Fontaine Bleu in Lanham. HURRY-The last day to buy tickets is December 12. COST: $39, plus a food, toy or coat donation. Click here for party details and registration!

 
2006 DUES WERE DUE TWO MONTHS AGO!!!. . . 2006 Annual Dues were due on October 1. If dues remain unpaid on December 31, membership will be terminated and a $100 reinstatement fee will be assessed when dues are finally paid. Also, if you are going to turn in your key and discontinue your membership, you should do so right away. If you have any questions, please don't hesitate to call the association office at 301-306-7900.

 
CLARIFICATION ON LICENSE TYPE IN ADVERTISING EXPECTED SOON. . . The Attorney General and Real Estate Commission have indicated that the AG will be issuing an advice of counsel letter regarding the "salesperson, associate broker, or broker" requirement in advertisements. MAR expects the letter to state that these or other terms indicating the type of license held, are not needed in real estate advertisements, unless the licensee is selling property in which the licensee holds a personal ownership interest or is offering to buy real property for the purpose of holding a personal ownership interest. This is a significant change in the position taken by the Real Estate Commission over the summer. Until the letter is issued, agents and brokers may want to wait before changing current advertising until the official position is set forth in writing. For more information, contact Bill Castelli, Mark Feinroth or Chuck Kasky at 800-638-6425, or e-mail them at Bill.Castelli@mdrealtor.org, Mark.Feinroth@mdrealtor.org, or Chuck.Kasky@mdrealtor.org.

Supra iBox available in Prince George's
SUPRA NEWS. . . Beginning Monday, December 5, PGCAR will no longer be able to accept cash for the issuance of SUPRA keys, whether a new or a replacement key. Personal and company checks, as well as credit cards may be used. Thank you for your cooperation.

PLEASE BE SURE TO USE THE RIGHT SUPRA LOCKBOX. . . It is very important that you do not put a PGCAR lockbox on a property located outside of Prince George's or Montgomery Counties. When listing a property outside of Prince George's or Montgomery Counties, you have two options with regard to Supra Lockbox use.
     One, you can bring your Prince George's County Lockbox to the Association office and have it deprogrammed and then have it reprogrammed for the area where the house is located.
     Two, if you feel you will be selling other houses in that area, you can purchase a lockbox from the Association in the area where the house is located.
     By putting a PGCAR Lockbox on a house located outside of Prince George's or Montgomery Counties, you are limiting access for your Seller. Thank you for your cooperation.

 
DECEMBER CONTINUING EDUCATION CLASSES . . . There is still space available in the following classes:

Date Course Title Instructor Time Hours
Dec 9 New Agent Survival - Association Office Stuart Stern 9:30 am - 12:30 pm 3
MD & DC
Contracts - Association Office Stuart Stern 1:30 pm - 4:30 pm 3
MD & DC
Dec 15 MD Real Estate Ethics - Association Office
This class is required for license renewal.
Al Monshower 9:30 am - 12:30 pm 3
MD & DC
Dec 16 MD Legislative Update - Association Office
This class is required for license renewal.
Don Martin 9:30 am - 12:30 pm 3
MD & DC
MD Fair Housing - Association Office
This class is required for license renewal.
Don Martin 1:30 pm - 3:00 pm 1.5
MD & DC

Registration fee for REALTORS® is $25 for 3 hours of credit and $15 for 1.5 hours of credit. A $15 late fee is charged if reservations are made less than 3 days prior to any class. NO WALK-INS. For more information call Scott Miller, Education Director, at the association office 301-306-7961 or visit our website at www.pgcar.com.

 
BE IN THE SPOTLIGHT. REACH OVER 150,000 HOMES AND BUSINESSES!

The Official Homes Section of The Prince George's Association of REALTORS® — brought to you by The Gazette. A special full COLOR pull-out supplement reaching over 150,000 homes and businesses in Prince George's County!   For distribution and rates >>

Article SubmissionDec.  9
Space DeadlineDec. 13
Publication DateDec. 29

Call Heidi LaMere
240-888-7509 direct   301-731-2134 desk
hlamere@gazette.net

If you have an article you would like to submit, please send it to the above email address. If you would like your office considered for the Spotlight Office, call or email your nominations.

 
Case #16-5: Solicitation of Expired Exclusive Listing

A property was exclusively listed with REALTOR® A who advertised it widely and invited cooperation from other REALTORS®. The property was not sold during the term of REALTOR® A's listing, although both REALTOR® A and REALTOR® B, a cooperating broker, had shown the property to prospects.

Sometime after the expiration of REALTOR® A's listing, newspaper advertisements appeared indicating that the property was exclusively listed with REALTOR® B. Shortly thereafter, the property was sold by REALTOR® B.

REALTOR® A confirmed that it was listed with REALTOR® B and then charged REALTOR® B in having failed to respect his exclusive agency status with the client by soliciting the listing. The Grievance Committee referred the complaint for hearing by a Hearing Panel of the Professional Standards Committee. Upon due notice to the parties, a hearing on the complaint was called with REALTORS® A and B present. REALTOR® A's specific charge was that REALTOR® B knew that the client had originally listed the property with him, REALTOR® A, because he had discussed the property with REALTOR® B during the term of the original listing contract; that during the term of REALTOR® A's listing, REALTOR® B had shown the property to the same individual who had now purchased the property through REALTOR® B; and that with this knowledge REALTOR® B's action in soliciting the listing, even after it had expired, was a violation of Article 16.

REALTOR® A told the Hearing Panel that when he had asked for an extension of the original exclusive listing, the client told him that because of a family problem he intended to take the property off the market for a few months, but would consider re-listing at a later date.

REALTOR® B conceded that he had known of REALTOR® A's exclusive listing at the time the listing contract was current; that he had known the term of the listing contract and, hence, knew when it expired; and that he had shown the property to the individual who eventually purchased it. However, he explained, he had no continued contact with the prospect to whom he had originally shown the property and who was still actively interested in purchasing a home. In reviewing the purchaser's stated requirements and reviewing the market, the property in question seemed to correspond more closely than any other available properties. Knowing that the original listing with REALTOR® A had expired some time ago, REALTOR® B simply called the owner to ask if the property had been re-listed with REALTOR® A. Upon learning that REALTOR® A's exclusive listing had not been extended, REALTOR® B told the owner of his prospective buyer, solicited the listing, and obtained it. REALTOR® B said he saw nothing unethical in having solicited the listing when it was no longer exclusively listed with another broker and felt that REALTOR® A was without grounds for complaint.

What do you think the hearing panel concluded? Click here for the answer!

Prince George's County Association of REALTORS®
8400 Corporate Drive  :  Suite 225 : Landover MD 20785
Phone 301-306-7900  :  Fax 301-306-8273  :  www.pgcar.com  :  ©2005, PGCAR

Back to REALTOR® Connection Archive