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VOLUME LIV NUMBER 6 / OCTOBER / NOVEMBER 2020
Financial Readiness:
Are You Prepared?
Unlocking the vast
resources available
from NAR
mdrealtor.org / marylandhomeownership.com
12 Statewide Forms Update
26 ADA Compliance: What to Know
28 What’s Up with Commercial?
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TABLE OF CONTENTS
FEATURES
FINANCIAL READINESS
FOR REALTORS® 8
STATEWIDE FORMS UPDATE 12
SPECIAL SECTION:
NAR AFFILIATES 18
DEPARTMENTS
PRESIDENT’S PERSPECTIVE 4
COVID HEROES 6
EVENTS UPDATE 24
HOTLINE: ADA COMPLIANCE 26
RPAC UPDATE 27
COMMERCIAL REAL ESTATE 28
FINANCIAL READINESS
8 30
HOUSING
CEO CORNER 31
BRIGHT MLS 32
12
STATEWIDE FORMS
24
EVENTS UPDATE COMMERCIAL
28
REAL ESTATE
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 1
2020 Maryland REALTORS®
Leadership Team
REALTORS®
Maryland REALTORS®
200 Harry S Truman Parkway | Suite 200
Annapolis, MD 21401-7348
443.716.3500 | www.mdrealtor.org
Leadership Team
Dee Dee Miller Craig Wolf Dee Dee Miller | President
President President-Elect Craig Wolf | President-Elect
Long & Foster Real Estate American Home Shield Dale Ross | Treasurer
541B Baltimore Annapolis Boulevard 907 Autumn View Court Yolanda Muckle | Secretary
Severna Park, MD 21146 Bel Air, MD 21014 John A. Harrison | Immediate Past President
443-995-2297 443.643.6742 Chuck Kasky, RCE | Chief Executive Officer
deedee@lnf.com cwolf@ahslink.com
Editor
Daniel Patrell | dan.patrell@mdrealtor.org
Advisory Committee
Marilyn Rhodovi | Chair
Amanda Smith | Vice Chair
Advertising
Arlene Braithwaite | 410.772.0820
Publication Design
HBP, Inc., 952 Frederick Street, Hagerstown, MD 21741
800.638.3508 | www.hbp.com
Yolanda Muckle Dale Ross Mission Statement
Secretary Treasurer Maryland REALTORS ® exists to support all segments of its
Long & Foster Real Estate Pioneer Realty, Inc. membership and their specialties. Maryland REALTORS®, through
12220 Central Ave. 7917 Declaration Lane collective efforts with local boards/associations and the National
Mitchellville, MD 20721 Potomac, MD 20854 Association of REALTORS®:
301-249-1600 301.466.1067 ■ Develops and delivers programs, services and related products
yolanda.muckle@lnf.com daleross1067@gmail.com that maintain and elevate the high standards of the real estate
business and the professional conduct of its practitioners;
■ Assists members in ethically and professionally serving the public;
■ Promotes and preserves the right to own, transfer and use real
property; and
■ Protects the right of members to conduct business within a
framework of fair and reasonable laws and government
regulations.
In principle and in practice, Maryland REALTORS® values and seeks
diversity and inclusive participation within the field of real estate and
recognizes each member as a unique individual.
Maryland REALTOR® (USPS 0016-017) is published bimonthly by Maryland REALTORS®, Suite 200,
200 Harry S Truman Parkway, Annapolis, MD 21401-7348. Periodical postage paid at Annapolis
John A. Harrison Chuck Kasky, RCE and additional mailing offices. Postmaster send address changes to: Maryland REALTOR®, Suite 200,
200 Harry S Truman Parkway, Annapolis, MD 21401-7348.
Immediate Past President Chief Executive Officer Member subscriptions of $3.81 are paid with annual dues.
This publication is designed to provide accurate and authoritative information regarding the subject
RE/MAX Executive Maryland REALTORS® matter covered. It is offered with the understanding that the publisher is not engaged in rendering
professional advice. If legal advice or other expert assistance is required, the services of a competent
8432 Veterans Highway, Suite A 200 Harry S Truman Parkway, Suite 200 professional should be sought. Articles that appear in Maryland REALTOR® are an informational
service to members. Their contents are the opinions of the authors alone and do not necessarily
Millersville, MD 21108 Annapolis, MD 21401 represent those of Maryland REALTORS®.
443.274.1900 800.638.6425 Permission to reprint articles appearing in Maryland REALTOR® magazine must be requested in
writing. Also include purpose for request.
johnh@remax.net chuck.kasky@mdrealtor.org While this magazine makes a reasonable effort to establish the integrity of
its advertisers, it does not endorse advertised products or services unless
specifically stated. ©2020 Maryland REALTORS®, Inc.
2 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.org
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President’s Perspective BY DEE DEE MILLER
Celebrating the Resiliency
of our Members
S
ometimes I wonder if Charles Dickens wrote, “It friends in Western Maryland, the Lower Eastern Shore,
was the best of times, it was the worst of times,” Southern Maryland, and more to join a face-to-face
with a nod toward the world of real estate in 2020. meeting. Now, through technology, that travel barrier is
COVID-19 has changed our society and our relationships no longer an impediment to participation. As president,
at the granular level and yet when you look at housing it will be one of my goals to encourage more volunteer
statistics, sales continue to outpace expectations. efforts across the state because meetings can now be
Real estate has proven to be a significant driver of the hybrid: a combination of face-to-face and online.
economic recovery from the pandemic. “Meeting Tech” will strengthen the already tight bonds
I want to give a shout out to my predecessor as between the state and local boards. During my term,
Maryland REALTORS® President, John A. Harrison, for these bonds will only grow stronger. I look forward to
his leadership and stewardship of the association during working with the regional leadership in whatever form
these strange times. works best—online, hybrid, or face-to-face.
He didn’t ask for this
As president, one pandemic (who did?),
My primary initiative for the year is financial readiness.
Are you financially prepared to take on the ups and
of my goals is to but his guidance and the downs of this kind of work? What plans have you put in
encourage more efforts of our dedicated place for budgeting? Retirement? Does your business
Maryland REALTORS® have a succession plan for when you retire? The National
volunteer efforts staff, leadership team, Association of REALTORS® has published impressive
across the state and Brokers have helped resources at www.FinancialWellness.realtor, and you
all of us to persevere,
because meetings stay resilient, and remain
will find me throughout this year, encouraging our
members to utilize these resources provided generously
can now be a focused on the clients we by NAR. This issue of Maryland REALTOR® magazine
serve. Thank you, John,
combination of face- and thank you, Maryland
has an important story about financial readiness and the
tools available to you as a member. On February 4, I will
to-face and online. REALTORS®. host the first of several financial readiness webinars for
If this era has proven anything, it is that we will find our members. Look for more details soon, from Maryland
ways to work efficiently and collaboratively, even when REALTORS®. For your future, you will want to attend.
we’re restrained from meeting in person. Technology The year 2020? Yes, it has been tough—brutal, even—
has emerged to fill many gaps. Perhaps we roll our but we’ve proven that success can come with resiliency.
eyes at the number of Zoom meetings, but this form of As we move forward into 2021, we know that we’re
communication has helped us to stay the course. stronger together, bound by a shared commitment to
Online meetings are here to stay, even after COVID-19 this industry, delivered with help from the latest
fades away. Technology will help to unite us. Maryland technology, and focused on excellence for the buyers
may not be a large state, but it’s quite an effort for our and sellers we serve.
4 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.org
FINALLY say yes to success. If you want to be productive, the right tools make the difference. Impress your clients with our professional suite of marketing materials. Promote your personal brand and market your listings using our digital marketing resources. Win more listings and It’s time to maximize your commission. justify your commission with our unique listing presentation. And maximize your career. Give your Plus, manage your clients, your marketing and your transactions local Weichert office a call today or visit through our unique technology platform. Success just got jobs.Weichert.com a whole lot easier. Each Weichert ® franchised office is independently owned and operated. ©2020 Weichert Real Estate Affiliates, Inc. Weichert is a federally registered trademark owned by Weichert Co. All other trademarks are the property of their respective owners.
HEROES
IN THE FIGHT AGAINST COVID-19
Maryland REALTORS® would like to recognize the many REALTORS® who are helping their community in fighting the
coronavirus pandemic. Thank you for all you do! If you know of a REALTOR® who is helping her or his community
and supporting first-responders and healthcare workers, please send the story and an image of the REALTOR® to
communications@mdrealtor.org, with “COVID-19 Heroes” in the subject line. We may share the story in Maryland
REALTOR® magazine or in our social media!
Historic Highlands Members of HHAR came together
Association of to make a difference in Western
REALTORS® (HHAR) Maryland. From the contributions of
several members, the association
purchased lunch from several local
restaurants to serve 300 healthcare
and frontline staff employed in
Allegany County.
“It was important to our REALTOR®
members to demonstrate how truly
grateful we are to the healthcare
workers within our community
who work tirelessly to keep our
community safe during this
pandemic,” said Christa McGee,
HHAR Association Executive.
HHAR’s public relations committee,
chaired by Elizabeth Hobel, and
several volunteers delivered the
meals. “The response among
the staff at each facility was truly
heartwarming,” said Steve MacGray,
Top, left to right: Columbia Community
HHAR President. Cares Founder Erika Strauss-Chavaria,
HCAR Affiliate Don Hott of Moyer & Sons
Howard County Moving Company, HCAR Cares President
Top, left to right: Staffers from the Association of Donna Weaver, HCAR Affiliate & Board
UPMC COVID Unit, Andy Linthicum, REALTORS® (HCAR) Member Alan Grubb of 4U Inspection
Tim Brinkman, and Steve MacGray. Services, a representative of Moyer &
Since the start of the pandemic, Sons Moving Company, and HCAR CEO
Middle: The Sterling Nursing Center
HCAR’s outreach effort, HCAR Jessica Coates. Middle: HCAR Cares
welcomes HHAR meals, with Steve
MacGray. Bottom, left to right: Staff Cares, has worked tirelessly within its President Donna Weaver and HCAR CEO
member from Cumberland Nursing community. To date, here are some Jessica Coates present a check for the
Home, Steve MacGray, Elizabeth Hobel, of HCAR Cares’ accomplishments: “In This Together Awards.” Bottom: HCAR
Cindy Diamond, Jamie McGreevy, and Cares President Donna Weaver presents
HCAR awarded $6,000 through a check to a representative of Columbia
Christa McGee.
its “In This Together Fund,” to Community Cares.
6 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.org
provide financial assistance to hardship because they or a family ■ Fifty N95 masks and 500
organizations, businesses, and member have contracted surgical masks were donated
individuals who are struggling COVID-19. While the program is to those in need. Due to
due to the pandemic. This crucial still in its infancy, it already has a an overwhelming response
assistance is used to pay family testimonial from one member Nurit picked up an additional
utility bills, buy groceries, help about how the program has made 700 masks, which are being
keep people employed, further a difference in her family. distributed currently.
the work of local charitable ■ As a thank-you to frontline
To find out more about this
organizations, and more. workers, Nurit and her team
program, visit https://gcaar.com/
Another $3,200 was awarded to emergencyrelief. provided free pizzas to the
additional local organizations, to crews at Trader Joe’s, Giant,
help with the community. RE/MAX Elite Services and Potomac Disposal.
HCAR recently started the “Make Nurit Coombe, owner of RE/MAX ■ To give the community a
A Senior Smile” initiative to send Elite Services, may be a force of sense of fun, Nurit has held
notes, cards, and drawings for local nature when it comes to caring rounds of “Zoom Bingo,”
senior citizens who could not receive for her community in Montgomery with cash prizes. Her last
visitors due to the pandemic. The County. Here is a small—and session drew more than 300
initiative collected and distributed incomplete—list of the ways Nurit participants.
400 cards (many designed by and her team have reached out to ■ Nurit has started a “Coffee
children artists!). those in need: & Conversations” series with
At its annual Member Appreciation various guest speakers, from
Week, HCAR collected donations healthcare professionals, to
from members (diapers, baby wipes, baking, to mindfulness.
and household cleaning products) for ■ Nurit publishes a weekly
Columbia Community Care, a new newsletter, Silver Lining, filled
organization that provides food and with information about
supplies to families in need due to making social distancing a
the pandemic. more positive experience.
Greater Capital
Area Association of
REALTORS® (GCAAR)
Top, left to right: two representatives
from the Washington Suburban Sanitary
Commission; Brenda Trammelle, Agent;
Our friends at GCAAR recently Nurit Coombe, Owner, ReMax Elite Services;
launched the GCAAR Cares and Meaghan Miller, Agent. Bottom, left
Emergency Relief Program. This to right: Netta Nathaniel, Larger Than Life
program is unique as it focuses USA; Nurit Coombe, Owner, ReMax Elite
Services, and Jenny Atkins, ReMax Elite
on GCAAR members and staff
Services Director of Operations.
who have experienced financial
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 7
Get in Financial Shape!
TAKE ADVANTAGE OF RESOURCES PROVIDED BY THE
NATIONAL ASSOCIATION OF REALTORS®
W
hile a career in real estate can be a rewarding
profession—both personally and financially—
the entrepreneurial nature of the work comes REGISTER FOR
with its own rules. To succeed, REALTORS® not only have THESE WEBINARS
to excel at their trade, they also have to excel at something
that the National Association of REALTORS® (NAR) call October 7, 2020
“Financial Wellness.” FINANCIAL WELLNESS LIVE:
VIRTUAL EDITION
Maryland REALTORS®’ President, Dee Dee Miller,
Cost: $20. Register: http://bit.ly/NAR-FW
has made Financial Wellness one of her priorities.
Do you have a budget in place? Are you planning for February 4, 2021
retirement? What succession plans do you have in FINANCIAL WELLNESS
place? Throughout 2021, Miller will be working with our WITH MARYLAND REALTORS®
members to help them get a leg up on their financial PRESIDENT DEE DEE MILLER
readiness. Mark your calendar now for February 4, 2021, No cost. Register: http://bit.ly/MR-FinancialWellness
for Miller’s first Financial Wellness Webinar for members
NAR has a collection of recorded webinars on all sorts
of Maryland REALTORS®.
of topics, from real estate investing, to dealing with
And between now and then, spend some time with debt, to improving your financial health. Find them at:
NAR, at its Center for REALTOR® Financial Wellness. http://bit.ly/NAR-FWWebinars.
Now is the perfect time to plan for tomorrow. Visit
www.FinancialWellness.realtor
today to learn more, catch up on
recorded webinars and access
information that will help you build
a better tomorrow.
Following the webinar information,
below, please review the Emergency
Guide provided by the Center
for REALTOR® Financial Wellness
for Money Saving Tips, Tips for
Wellbeing, and a checklist to begin
your journey.
8 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgCenter for REALTOR® Financial Wellness
Emergency Guide
Money Saving Tips
The National Association of REALTORS® and Center for REALTOR® Financial Wellness
are here for you with information and resources to help you get through challenging times.
For even more tips and information, visit FinancialWellness.realtor today!
HAVE AN TRACK KEEP
EMERGENCY YOUR SOME CASH
FUND SPENDING ON HAND
Most economists suggest Consider cutting back on It’s a good idea to have a
putting aside 3-6 months non-critical spending, and couple hundred dollars
of living expenses. Even for keeping those cost savings in cash for an unexpected
those with healthy reserves, in place for a while to help emergency. Having some
monitor your investment build up your reserves. cash on hand can ease
accounts and continue Make consistent, timely transaction problems
to save. payments to help maintain in the event certain
a good credit score. Visit businesses are disrupted.
FinancialWellness.realtor
for a FREE monthly
budget spreadsheet.
TAKE RESEARCH REVIEW AND
FINANCIAL INSURANCE UPDATE PERSONAL
INVENTORY POLICIES RECORDS
Locate key financial Consider working with your Compile a list of important
documents to keep accurate current provider on reducing contacts, such as your
records, and have more your insurance payments. insurance agent, accountant,
than one copy. Examples: If your payment can’t be attorney, doctors, and
estate-planning files, bank lowered, don’t hesitate to veterinarians. Review the list
information, brokerage and shop around for new and make sure their phone
retirement accounts, as well rates to help lower your number and email
as insurance policies, current monthly expenses. address is up to date.
mortgage information,
business records, and more.Center for REALTOR® Financial Wellness
Emergency Guide
Tips for Well-Being
Finances are obviously an important part of everyone’s life, but don’t forget to take care of your
physical and psychological self too. Getting in financial shape is much easier if you are in good
health, mentally sharp and confident in the security of your loved ones.
PHYSICAL MENTAL LIFE &
WELLNESS HEALTH COMMUNITY
• Consider investing in a humidifier. • Keep informed of important news • Set up Skype, Facebook
Medical experts say it helps updates, but resist the urge to Messenger, or Google hangouts
reduce the transmission of watch a high volume of negative to socialize with your friends
airborne viruses. news coverage. and loved ones.
• Drink lots of water and fluids, • Be mindful of negative social • Use your Outlook or Google
and load up on healthy, nutrient media posts that don’t contain calendar to set reminders for
rich meals. useful information or have not yourself related to personal
been endorsed by a reliable source. goals you still wish to achieve.
• Contact your doctor and Create a schedule and regularly
pharmacy to ensure you have • If your circumstances allow for check-in with friends, family
at least a 30-day supply of it, safely get outside each day to and colleagues.
your prescription medicines. breathe in fresh air and exercise.
• Follow a positive regiment each
• Create a contingency plan • Keep in contact with loved ones day to keep your mind busy, your
if you or a loved one gets ill. or a friend on a weekly basis. Use body moving, and your spirits up.
phone or video chat if needed.
• Consider setting up a “sick room” • Put together a list of projects you
in your house if anyone you live • If you are a person of faith, want to complete — make sure
with becomes sick with any practice it. some of them are fun! — and start
contagious virus. giving yourself timelines and goals
for the week.
• Ensure you and your loved ones
have completed a healthcare proxy • Find something kind to do or
form in advance of any illness. say to others, daily. Consider
volunteering in your community.
• Have fever reducers, cough
medicine, and sanitary wipes
on hand.
• Have a copy of your medical
records ready to supply if needed.Center for REALTOR® Financial Wellness
Emergency Guide
Checklist & Tips
During any challenging time, it’s important to take stock of what’s most important in your life.
Set priorities and establish reasonable goals. There are organizations and agencies that can
help. Be proactive, stay educated and positive, and look forward to a bright future!
FACING RESOURCES NEXT
CHALLENGES & BENEFITS STEPS
• If needed, reach out to your • Research funds that may be • Put your best foot forward and be
mortgage company or landlord available to you based on your optimistic! Challenging times may
to ask for a deferment. employment status. be difficult to manage, but focus
more on the positive versus
• If you are having trouble • Your local community, county, the negative.
communicating with your or state may have additional
landlord or mortgage lender, financial resources available to • Don’t overspend on stockpiling
reach out to a HUD housing you. Visit your local government goods. Follow the CDC’s
counselor for assistance. websites and set up Google alerts recommendations for getting
to be notified as information ready, and think about what you
• If needed, reach out to all is provided. want to have on hand for a couple
creditors (credit cards, auto loan, of weeks if you get sick (like
medical payments, student loans, • If you do not need deferments herbal tea, Kleenex, cough drops,
etc.) and request a deferment. on your loans, continually pay cleaning supplies).
to reduce your interest later and
• If you aren’t making progress keep your loan term on track. • Consider doing a thorough
with your lenders, be persistent. Consider setting up payment cleaning of your home. Keep it
If lenders are charging you reminders through your bank or clean by limiting or eliminating
additional fees, negotiate. enroll in automatic payments. visitors and sanitizing common
areas like the microwave
• If needed, reach out to your and bathroom.
utilities and other ongoing
payments (auto insurance, • Check in with family members
property taxes, homeowners who may not be able to leave
insurance, condo association, the house.
cable, internet, water, heat)
and delay your payments, • Take time to educate yourself
when possible. to be better prepared for
future emergencies.
• If you are in need physically or
emotionally, seek guidance from
a medical professional. Don’t
forget to inform those closest
to you.2020 Summary of
CHANGES
and
PRACTICE TIPS
BY COLLETTE MASSENGALE, ESQ.
Maryland REALTORS® prepared one new form, the 1031 Tax
Deferred Exchange Addendum:
1. 1031 Tax Deferred
Exchange Addendum
■ This form was created to facilitate 1031 exchanges.
If you are unfamiliar with 1031 exchanges, start by
PRACTICE seeking assistance from your broker. Also, keep in
TIP mind Article 11 of the NAR Code of Ethics, which
states that the services REALTORS® provide to their
client shall conform to the standards of practice
and competence in the specific real estate
disciplines in which they engage. It goes on to say
that REALTORS® shall not undertake to provide
specialized professional services concerning a type
of property or service that is outside their field of
competence unless they engage the assistance of
one who is competent on such types of property
or service, or unless the facts are fully disclosed to
the client. Finally, any persons engaged to provide
such assistance shall be so identified to the client
and their contribution to the assignment should be
set forth.
12 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgMaryland REALTORS® revised the Contracts, the Change in Terms
Addendum, and the Property Inspections Notice as follows:
1. Residential Contract
of Sale
■ Page 5, Paragraph 23 (Adjustments) – The last sentence in this
paragraph is now in bold font.
The bold font is intended to emphasize the point
PRACTICE that despite what seller’s arrangement with the
TIP fuel provider is, any fuel remaining in the tank at
settlement becomes the property of the buyer. Be
sure to discuss this matter with your client prior to
settlement to ensure all parties are on the same
page as to what the contract stipulates.
■ Page 5, Paragraph 24 (Settlement Costs) – The last sentence was
reworded to provide more clarity.
For additional insight on the rationale for
PRACTICE including this language, please see
TIP https://www.govinfo.gov/content/pkg/CFR-2010-
title38-vol2/pdf/CFR-2010-title38-vol2-
sec36-4313.pdf and https://www.benefits.va.gov/
WARMS/docs/admin26/handbook/
ChapterLendersHanbookChapter8.pdf
(Chapter 8, Page 8-10).
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 13■ Page 10, Paragraph 60 (Buyer and Seller May Conduct the Transaction
Electronically Using Electronic Signatures) – This provision was added
to make the parties aware that Maryland law permits them to conduct
the transaction electronically.
The parties may conduct the transaction
PRACTICE
TIP
electronically without having to prepare a separate
agreement spelling out their intentions.
2. Unimproved Land
Contract of Sale
■ Page 4, Paragraph 24 (Settlement Costs) – The last sentence was
revised to provide more clarity.
For additional insight on the rationale for including
PRACTICE this language, please see https://www.govinfo.gov/
TIP content/pkg/CFR-2010-title38-vol2/pdf/CFR-2010-
title38-vol2-sec36-4313.pdf and https://www.
benefits.va.gov/WARMS/docs/admin26/handbook/
ChapterLendersHanbookChapter8.pdf
(Chapter 8, Page 8-10).
■ Page 9, Paragraph 60 (Buyer and Seller May Conduct the Transaction
Electronically Using Electronic Signatures) – This provision was added
to make the parties aware that Maryland law permits them to conduct
the transaction electronically.
The parties may conduct the transaction
PRACTICE
TIP
electronically without having to prepare a separate
agreement spelling out their intentions.
3. Change in Terms
Addendum
■ Paragraphs 3 & 4 (Written Application for Financing) & (Written
Financing Commitment) – This provision was revised so it aligns more
closely with the phrasing in Paragraph 10, the Financing Application
and Commitment Paragraph of Maryland REALTORS® Contracts.
Specifically, Paragraph 3 becomes new Paragraphs 3 and 4.
14 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgParagraph 3 enables the parties to modify the time frame for Buyer
to make a written application for financing. Paragraph 4 allows the
parties to modify the time frame for Buyer to obtain the written
financing commitment.
To minimize the chance of a default occurring,
PRACTICE the parties should be reminded that if they agree
TIP to change the time frame buyer has for applying
for financing and/or for obtaining a written
financing commitment, they should review the
Settlement Date to make sure it aligns with the
revised time frames.
■ Paragraph 5 (Seller Contribution) – Paragraph 5 enables the parties
to change the Seller Contribution initially agreed to in the contract.
If the parties agree to change the Seller
PRACTICE Contribution, they should be reminded to review
TIP Maryland REALTORS® Seller Contribution
Addendum to see whether the initial agreement
was to credit buyer at settlement a specific dollar
amount or a percentage of the sale price.
4. Property Inspections
Notice
■ Page 1, (Notice to Pursuant to Maryland REALTORS® Property
Inspections Addendum) – The last sentence was included to remind
the parties to refer to the Property Inspections Addendum concerning
time frames for any action, response, or notice.
REALTORS® are advised to keep track of the time
PRACTICE frames the parties have already agreed to in
TIP Maryland REALTORS® Property Inspections
Addendum for performing any actions and
providing any notices.
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 15Maryland REALTORS® revised the Escrow Agreement between
Buyer, Seller & Escrow Agent as follows:
1. Escrow Agreement between
Buyer, Seller, and Escrow Agent
■ Page 2, Paragraph 7.D. (Distribution of Deposit in Accordance with
Thirty-Day Letter) – This section was added to make it easier for escrow
agents to resolve deposit disputes.
The inclusion of Paragraph 7.D, enables the escrow
PRACTICE agent to send a 30-day letter. There is a sample
TIP 30-day contained in the Broker Policy Manual
Template.
Maryland REALTORS® revised the Brokerage Agreements
as follows:
1. Exclusive Right to Sell
Residential Brokerage Agreement
■ Page 3, Paragraph 10 (Home Security Systems that Record Audio) –
This provision was modified to include a reference to the relevant
Maryland Code Section, 10-402 of the Courts and Judicial Proceedings
Article, Annotated Code of Maryland.
■ Page 6, Paragraph 21.B. (Presentation of Offers) – This provision was
inserted to remind REALTORS® of their obligation to present all offers
and counter-offers to and from the client.
Pursuant to the Maryland Code of Ethics, offers and
PRACTICE
TIP
counter-offer should be presented in full and in hard
copy or electronic format.
16 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.org2. Exclusive Right to Sell Unimproved Land
Brokerage Agreement
■ Page 5, Paragraph 16.B. (Presentation of Offers) – This provision was
inserted to remind REALTORS® of their obligation to present all offers
and counter-offers to and from the client.
Pursuant to the Maryland Code of Ethics, offers
PRACTICE
TIP
and counter-offers should be presented in full and
in hard copy or electronic format.
3. Exclusive Right to Lease
Residential Brokerage Agreement
■ Page 3, Paragraph 10 (Home Security Systems that Record
Audio) – This provision was modified to include a reference to the
relevant Maryland Code Section, 10-402 of the Courts and Judicial
Proceedings Article, Annotated Code of Maryland.
4. Exclusive Buyer/Tenant
Residential Brokerage Agreement
■ Page 1, (Title) – The name of the buyer brokerage agreement was
changed from Exclusive Buyer/Tenant Representation Agreement to
Exclusive Buyer/Tenant Residential Brokerage Agreement to align
more closely with the changes to the brokerage relationship provisions
of the Brokers Act.
Collette Massengale, Esq., is Maryland REALTORS®’ Senior Staff Attorney
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 17National Association of REALTORS®,
Affiliate Institutes, Societies & Councils
Designations & Certifications
The National Association of REALTORS® and its affiliated Institutes, Societies, and Councils provide a wide-range
of programs and services that help members increase their skills, proficiency, and knowledge. Designations and
certifications acknowledging experience and expertise in various real estate sectors are awarded by NAR and
each affiliated group upon completion of required courses.
NAR FAMILY DESIGNATIONS
Accredited Buyer’s Representative / ABR®
The Accredited Buyer’s Representative (ABR®) designation is designed for real estate buyer
agents who focus on working directly with buyer-clients at every stage of the home buying process.
Presented by REBAC (Real Estate Buyer’s Agent Council)
Contact REBAC at rebac@realtors.org(link sends e-mail) or 800-648-6224.
Accredited Land Consultant / ALC
The esteemed Accredited Land Consultants (ALCs) are the most trusted, knowledgeable,
experienced, and highest-producing experts in all segments of land. Conferred by the
REALTORS® Land Institute. The designation requires successful completion of a rigorous LANDU education
program, a specific, high-volume and experience level, and adherence to an honorable Code of Conduct.
Presented by the REALTORS® Land Institute (RLI)
Contact RLI at 800.441.5263 or rli@realtors.org.
Certified Commercial Investment Member / CCIM
The Certified Commercial Investment Member (CCIM) designation is commercial real estate’s
global standard for professional achievement, earned through an extensive curriculum of 200
classroom hours and professional experiential requirements. CCIMs are active in 1,000 U.S. markets and 31
other countries and comprise a 13,000-member network that includes brokers, leasing professionals, asset
managers, appraisers, corporate real estate executives, investors, lenders, and other allied professionals.
Presented by the CCIM Institute
Contact CCIM at 800-621-7027 or www.CCIM.com.
Certified International Property Specialist / CIPS
Instantly align yourself with the best in international real estate by earning the CIPS
designation. The designation requires completion of five full-day courses focusing on the
critical aspects of international real estate transactions. CIPS designees are connected to an influential
network of over 3,500 professionals who turn to each other first when looking for referral partners.
Presented by the National Association of REALTORS®
Contact Member Support at CIPS@realtors.org or 1-800-874-6500 ext. 8369.
Certified Property Manager® / CPM®
CPM® designees are recognized as experts in real estate management. Holding this designation
demonstrates expertise and integrity to employers, owners, and investors.
Presented by Institute of Real Estate Management (IREM)
Contact IREM® at 800-837-0706, ext. 4650.
18 MARYLAND REALTOR® www.mdrealtor.orgCertified Real Estate Brokerage Manager / CRB
The Certified Real Estate Brokerage Manager (CRB) is one of the most respected and relevant
designations offered in real estate business management and is awarded to REALTORS® who
have completed advanced educational and professional requirements. CRB Designees are better positioned to
streamline operations, integrate new technology and apply new trends and business strategies.
Visit REBInstitute.com or contact the Real Estate Business Institute (REBI) at
info@REBInstitute.com or 800-621-8738
Certified Residential Specialist / CRS
The CRS designation is the highest credential awarded to residential sales agents, managers,
and brokers. On average, CRS designees earn nearly three times more in income, transactions,
and gross sales than non-designee REALTORS®.
resented by Residential Real Estate Council
P
Contact RRC at https://www.crs.com/about-us/contact-us or 800-462-8841.
Counselor of Real Estate® / CRE®
The Counselors of Real Estate® is an organization of commercial property experts worldwide
who provide seasoned, objective advice on real property and land-related matters. Only
1,100 professionals from all disciplines of real estate, academia, and government hold the CRE credential.
Membership is selective and extended by invitation, although commercial real estate practitioners with 10
years of proven experience may apply.
Presented by The Counselors of Real Estate®
Contact CRE® at 312-329-8427 or info@cre.org.
General Accredited Appraiser / GAA
For general appraisers, this designation is awarded to those whose education and experience
exceed state appraisal certification requirements and is supported by the National Association
of REALTORS®.
Presented by National Association of REALTORS®
Contact GAA program staff at 800-874-6500 ext. 8268 or email appraisal@realtors.org.
NAR’s Green Designation / GREEN
Through NAR’s Green Designation, the Green REsource Council provides ongoing education,
resources and tools to help real estate practitioners find, understand, and market properties with green features.
Presented by The Green REsource Council
Contact The Green REsource Council at greendesignation@realtors.org or 800-498-9422.
Graduate, REALTOR® Institute / GRI
REALTORS® with the GRI designation have in-depth training in legal and regulatory issues,
technology, professional standards, and the sales process. Earning the designation is a way to stand out to
prospective buyers and sellers as a professional with expertise in these areas.
Presented by National Association of REALTORS®
Contact your State Association to get information on program requirements, course schedules, location,
and tuition.
www.mdrealtor.org 19Performance Management Network / PMN
This designation is unique to the REALTOR® family designations, emphasizing that in order to enhance
your business, you must enhance yourself. It focuses on negotiating strategies and tactics, networking and
referrals, business planning and systems, personal performance management and leadership development.
Presented by Women’s Council of REALTORS®
Contact the Women’s Council of REALTORS® at 800-245-8512.
REALTOR® Association Certified Executive / RCE
RCE is the only professional designation designed specifically for REALTOR® association
executives. RCE designees exemplify goal-oriented AEs with drive, experience and
commitment to professional growth.
Presented by National Association of REALTORS®
Contact Renee Holland at 312-329-8545 or rholland@realtors.org.
Residential Accredited Appraiser / RAA
For residential appraisers, this designation is awarded to those whose education and
experience exceed state appraisal certification requirements and is supported by the National
Association of REALTORS®.
Presented by National Association of REALTORS®
Contact RAA program staff at 312-329-8268 or email appraisal@realtors.org.
Seller Representative Specialist / SRS
The Seller Representative Specialist (SRS) designation is the premier credential in seller
representation. It is designed to elevate professional standards and enhance personal
performance. The designation is awarded to real estate professionals who demonstrate the knowledge and
skills essential for seller advocacy. SRS designees represent a global community of REALTORS® who use
their advanced training and expertise to go above and beyond their client’s expectations.
Visit www.REBInstitute.com or contact the Real Estate Business Institute (REBI) at
info@rebinstitute.com or 800-621-8738.
Society of Industrial and Office REALTORS® / SIOR
The SIOR designation is held by only the most knowledgeable, experienced, and successful
commercial real estate brokerage specialists. To earn it, designees must meet standards of
experience, production, education, ethics, and provide recommendations.
Presented by Society of Industrial and Office REALTORS®
Contact SIOR at 202-449-8200.
Seniors Real Estate Specialist® / SRES®
The SRES® Designation program educates REALTORS® on how to profitably and ethically
serve the real estate needs of the fastest growing market in real estate, clients age 50+. By earning the SRES®
designation, you gain access to valuable member benefits, useful resources, and networking opportunities
across the U.S. and Canada to help you in your business.
Presented by SRES® Council
Contact SRES Council at sres@realtors.org or 800-500-4564.
continued on page 22
20 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgNAR FAMILY CERTIFICATIONS
At Home With Diversity / AHWD
Learn to work effectively with—and within—today’s diverse real estate market. The At Home
With Diversity certification teaches you how to conduct your business with sensitivity to all
client profiles and build a business plan to successfully serve them.
Presented by the National Association of REALTORS®
For more information on this course and its business principles, please contact us at
ahwd@realtors.org or 800-874-6500 ext. 8393.
Broker Price Opinion Resource / BPOR
The BPOR certification is no longer being awarded to members. Approximately 6,000 members have
earned BPOR.
Certified Real Estate Team Specialist / C-RETS
The Certified Real Estate Team Specialist (C-RETS) certification is designed to improve team
development, individual leadership skills, and financial performance. C-RETS courses provide the tools,
strategies, and knowledge that are required of today’s real estate professionals who are either considering or
currently operating in a team environment. It is for team leaders, team members, those looking to start a team,
and those who simply want to sharpen their management skills.
Visit www.REBInstitute.com or contact the Real Estate Business Institute (REBI) at
info@REBInstitute.com or 800-621-8738.
Digital Marketing: Social Media
The RRC Digital Marketing: Social Media certification is for real estate professionals who want
to develop expertise with social media resources and the sites that are an essential part of
today’s digital marketing mix, whether you are promoting your business or the properties you represent.
Presented by Residential Real Estate Council
Contact RRC at https://www.crs.com/about-us/contact-us or 800-462-8841.
e-PRO®
NAR’s e-PRO® certification program helps REALTORS® master the advanced digital marketing
techniques of today. With the e-PRO® certification, REALTORS® increase their ability to reach customers,
expand their capabilities, and build trust by safeguarding client information.
Presented by the National Association of REALTORS®
Contact e-PRO® at epro@realtors.org or 877-397-3132.
Military Relocation Professional / MRP
NAR’s Military Relocation Professional certification focuses on educating real estate
professionals about working with current and former military service members to find housing solutions that
best suit their needs and take full advantage of military benefits and support.
Presented by REBAC (Real Estate Buyer’s Agent Council)
Contact us at MRP@realtors.org or 888-648-8321.
22 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgPricing Strategy Advisor / PSA
Presented by the National Association of REALTORS®
Contact us at https://pricingstrategyadvisor.org.
Real Estate Negotiation Expert / RENE
The first and only negotiation credential recognized by the National Association of
REALTORS®, the Real Estate Negotiation Expert (RENE) certification is designed to elevate
and enhance negotiating skills so that today’s real estate professionals can play the game to win.
Presented by the Real Estate Business Institute
Visit www.REBInstitute.com or contact the Real Estate Business Institute (REBI) at
info@rebinstitute.com or 800-621-8738.
Residential Listing
The RRC Residential Listing Specialist Certification program helps REALTORS® master the art
of listing residential properties. The courses provide strategies, tools, and more to help agents enhance and
differentiate their listings.
Presented by Residential Real Estate Council
Contact RRC at https://www.crs.com/about-us/contact-us or 800-462-8841.
Resort & Second-Home Property Specialist / RSPS
This certification is designed for REALTORS® who facilitate the buying, selling, or management
of properties for investment, development, retirement, or second homes in a resort, recreational
and/or vacation destination are involved in this market niche.
Presented by the National Association of REALTORS®
Contact us at resort@realtors.org or 800-874-6500 ext. 8320.
® Short Sales & Foreclosure Resource® / SFR®
The SFR® certification teaches real estate professionals to work with distressed sellers and the
finance, tax, and legal professionals who can help them, qualify sellers for short sales, develop
a short sale package, negotiate with lenders, safeguard your commission, limit risk, and protect buyers.
Presented by the National Association of REALTORS®
Contact us at sfr@realtors.org or 877-510-7855.
Smart Home
The Smart Home certification is for real estate professionals who want to
develop expertise in the technology, privacy issues, and best transition tactics involved in
selling smart homes.
Presented by Residential Real Estate Council
Contact RRC at https://www.crs.com/about-us/contact-us or 800-462-8841.
www.mdrealtor.org 23Events
Virtual is the
New Global
Maryland REALTORS® Global Business Committee: November 10.
A
This means
s the 2020 Global Business Committee wraps
that anyone
up its year, we wanted to express our gratitude to
who completes
Jan Greene and Bayo Oshinnaiye, Chair and Vice
the five-day
Chair, respectively, of the Committee. Jan and Bayo
course will be eligible for their CIPS Designation, their
successfully led the Committee as we transitioned from
AHWD Certification, and 6.0 hours of Maryland CE
in-person meetings to virtual meetings. A special note
(Category F, approval pending).
of thanks must be extended to David “Chief” Adefila,
who made an incredibly detailed presentation to the The course is designed to allow REALTOR® attendees
Committee about his native country, Nigeria. “Chief” to learn the critical aspects of international real estate
shared his exhaustive knowledge not just about real transactions, share professional expertise, and create new
estate, industry, and the economy in Nigeria, but also relationships across the world through the Global CIPS
about Nigerian culture and customs. We look forward Network. CIPS designees have access to a worldwide
to resuming our informal networking and knowledge community of real estate practitioners. Through this
sessions when we meet again in person. network, CIPS Designees may make and receive referrals
globally, assist foreign-born persons to purchase a home
Another transition that the Global Business Committee
or business in the U.S., and assist persons wishing to
has successfully navigated is moving the Certified
purchase a second home or a vacation home overseas.
International Property Specialist (CIPS) Institute from
an in-person offering to a virtual Institute. The CIPS The Global Business Committee is looking forward to
Subcommittee, under the strong leadership of Erica another successful year in 2021, with Bayo Oshinnaiye
Solomon, resolved a serving as Chair and Cecilia Hayes as Vice Chair.
Planning for a 2021 trade mission to Ghana and Nigeria
“Anyone who completes number of challenges
is well underway, and we remain optimistic that we will
and is pleased
the five-day course to announce that be able to complete the trade mission safely, responsibly,
will be eligible for their Maryland REALTORS® and enthusiastically.
Global Business
CIPS Designation, their Committee will be
AHWD Certification, offering a virtual CIPS
and 6.0 hours of Institute on November Register today
for the CIPS Institute
2, 4, 6, 9, and 10,
Maryland CE…” 2020 via Zoom. Azizali
Kanjee, a commercial You can be part of a global dialogue from the comfort
REALTOR from Ontario, Canada, (and a phenomenal
®
of your home office. Register today for the CIPS
instructor) will be teaching for us again in November. Institute to expand your business internationally.
The Institute is structured so that At Home With To register, visit http://bit.ly/CIPS-AHWD. For questions
Diversity (AHWD) will be offered on the last day, about the institute, please email Sandi.Frazer@
mdrealtor.org, or call Sandi at 443 716 3500.
24 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgThe Annual Conference
Heads Back to
It’s Official!
T
he 2021 Annual Conference for Maryland “We are looking at education tracks and keynote
REALTORS® will return to Ocean City, Maryland, on speakers that will engage all levels of membership, from
October 12–14, 2021. Our Host Hotel will be the experienced REALTORS® to those members who are
Clarion Fontainbleu, a beachfront resort. new to the industry,” said Alicyn DelZoppo, Co-Chair,
“We are very excited to be coming back to Ocean City,” along with Harmon. “From our tracks to our keynotes, to
said Vicki Harmon, Co-Chair of the Conference & Events the networking, this really will be a must-attend event in
Program Advisory Committee, which oversees the an area everyone loves.”
organization of the Annual Conference. “While we will Mark your calendars now, and stay tuned for further
keep some of the popular traditions of our past, we’re updates. See you in OC in the fall of 2021!
working on a new and exciting format for all members to
learn new skills to enhance their businesses.”
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 25Hotline BY K AT H L E E N DA R T E Z, E S Q.
Website Accessibility
Q: What are website accessibility lawsuits? I am not entirely sure what this means
and whether it affects my brokerage’s website.
A:
Title III of the Americans with Disabilities Act States Department of Justice was expected to release
(ADA) prohibits discrimination on the basis of guidelines in 2016, but that date was pushed to 2018,
disability in places of public accommodation, and the proposed rules were eventually withdrawn with
which includes businesses that are open to the public no timeline established for their release. In the absence
such as restaurants, movie theaters, real estate brokerage of any regulations, plaintiffs have argued, and many
offices, title company offices, banks, and hotels. courts have agreed, that an appropriate standard is the
Potential liability under the ADA, however, is not limited Web Content Accessibility Guidelines (WCAG).
to a brick and mortar environment. Increasingly, courts WCAG includes specific recommendations to make
have held that, to the extent a business’s website is also websites more accessible to people with a variety of
a place of public accommodation, the ADA’s prohibition disabilities. For example, there are recommendations that
against discrimination applies. This means that people audio files require a written transcript and videos need
with disabilities, including those who use assistive to be captioned, so people who are deaf can still engage
technology (such as screen readers), must enjoy full and with these mediums; and that equivalent “alternative text”
equal access to the website. has to be included for images, so people who are blind
As REALTORS® we are also subject to the Fair Housing have an appropriate description of the image.
Act, which prohibits discrimination in housing and A good first step would be to conduct an audit or
housing-related transactions because of disability. review of your website to identify possible accessibility
If your company, team, or individual website is improvements. Depending upon the results, you may
inaccessible to people with disabilities, you could be decide to add close captioning, voiceovers, or third-party
denying those persons equal access to rental housing solutions. Another recommendation is to reach out to
and homeownership opportunities. You could also find NAR or to your E & O provider to learn more.
yourself named as a defendant in a lawsuit. This is not a “one and done” project. Your business
There has been a significant increase in lawsuits should ensure that one of the obligations of your website
claiming that individuals with disabilities are not administrator, regardless of whether that person is
provided equal access to a company’s website. Web in-house or outsourced, is to implement the most
accessibility related lawsuits increased from 814 cases current WCAG along with constantly monitoring your
in 2017 to 2,285 cases in 2018, and to 5,592 in the website to ensure ongoing compliance. Our legal,
first half of 2019 alone, according to the National ethical, and moral obligations to our customers and
Association of REALTORS®. clients requires no less.
What can you do to decrease the likelihood of
becoming involved in a lawsuit? The answer is not
Kathleen Dartez, Esq., is Maryland REALTORS®’ Director of
as straightforward as you would imagine. The United
Legal Affairs
26 MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 www.mdrealtor.orgRPAC BY MARK FEINROTH, ESQ.
Political Advocacy in 2020
O
ver the last few months, the coronavirus pandemic Rep. Mfume served in the U.S. House of Representatives
has presented our REALTOR® community with from 1987 to 1996 and had a solid reputation working
tremendous challenges. Fortunately, demand for with the REALTORS® during that time. He left his seat
housing remains high, and opportunities abound for in Congress to accept a position as CEO of the NAACP.
those in our industry to successfully adapt. Mfume is a Baltimore native and received his college
These difficult times also present opportunities for political education at Morgan State University.
engagement and to respond to new circumstances. The Maryland REALTORS® invited Mfume to complete a
REALTORS® Political Action Committee (RPAC) has written candidate questionnaire, which contained 11
adjusted to the new environment and found opportunities policy questions. He answered each of the questions
to support REALTOR®-friendly candidates for elective supporting the REALTOR® positions and therefore
office at the national, state, and local levels of government. received a score of 100 percent. Both the Greater
The most significant of these opportunities arose from Baltimore Board of REALTORS® and the Maryland
tragedy. Last October, Rep. Elijah Cummings died RPAC Trustees recommended that NAR RPAC Trustees
after a lengthy illness, leaving a vacant Maryland seat support Mfume. NAR responded with a campaign
in Congress. Cummings was a towering advocate for contribution to Mfume shortly after the special primary
Baltimore and a frequent voice of conscience. He election in early May that provided critical funding for
was also a great friend to REALTORS® because of his his primary election held just five weeks later. Mfume
interest in providing increased and affordable housing won the June primary. It’s now all but certain that Kweisi
opportunities. Mfume will represent Maryland’s 7th Congressional
District through December 2022, and the REALTORS®
Governor Larry Hogan promptly scheduled a special helped him achieve this victory.
election to fill Cummings’ open seat. Candidates for
the special election were required to decide almost Maryland REALTORS® and NAR will most likely
immediately if they would run for a full Congressional weigh in on the campaigns in Baltimore for Mayor and
term by running in the postponed regularly scheduled City Council President; there are a few other local
statewide primary election set for June 2. municipal elections where RPAC funds will be used to
assist REALTOR®-friendly candidates. In the coming
No fewer than 24 Democrats entered both the special months, Maryland’s RPAC Trustees will have
and regular election including Maya Rockeymore opportunities to appoint new Trustees to fill vacant
Cummings, Cummings’ widow, former Congressman seats. Maryland REALTORS® members who would like
Kweisi Mfume, and several members of the Maryland to be considered for one of the appointments may
General Assembly. The winning Democrat was Mfume contact me at mark.feinroth@mdrealtor.org for further
with 43 percent of the vote. The second-place democrat information.
was Rockeymore Cummings who garnered 17.1 percent
of the vote. The winner of the Republican primary was
Kimberly Klacik, but because voter registration in the Mark Feinroth, Esq., is Maryland REALTORS®’ Director of
district is 68% democratic, Mfume was heavily favored Political Advocacy
to win the special general election on April 28.
www.mdrealtor.org MARYLAND REALTOR® OCTOBER / NOVEMBER 2020 27You can also read
