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Archive for September, 2009

HUD Releases New RESPA FAQs & Table of Contents Sep 30

On September 18, 2009, the Department of Housing and Urban Development (HUD) posted, on its official website, expanded FAQs on the new RESPA rule, including information on completing the new GFE and HUD-1 which become mandatory on January 1, 2010. This most recent HUD release of RESPA FAQs is part of a series of releases during the summer and includes a helpful Table of Contents for all of the FAQs issued by HUD on the new rule.

HUD’s Expanded RESPA FAQs With Table of Contents

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3 Business Plan Blunders & How to Avoid Them Sep 29

By Rich Levin , REALTOR® Magazine

A business plan is crucial for building an efficient, profitable business strategy. But by avoiding common pitfalls, you’ll be able to set your business on the right path in the coming year.

Let’s be honest: Sometimes no matter how hard you plan, you just don’t get the results you want. 

A business plan can help you set a strategy for the year and outline the goals you want to achieve. But how often do so many business plans become merely a list of your unaccomplished objectives? 

It often boils down to three main reasons: unnecessary complexity, lack of focus, and little to no motivation. 

Realizing this, you can make adjustments in these three areas to avoid such common mistakes and formulate an intelligent business plan that gets you results. 

Problem 1: Is your business plan too complex?

Most business plans designed for real estate professionals have too many moving parts. After all, most practitioners do not come from business backgrounds and have no training in even writing a business plan (see How to Approach a Business Plan Makeover for some general guidelines). Therefore, a common problem is to error on the side of providing way too much detail. But the more complex and detailed it is, the less likely you will be able see through all of the gobbledygook to realize your main objectives. 

Solution: Keep it simple and in easy terms. Don’t reduce the goals in your plan to mere activities. There are too many possible activities to choose from! It’s too cumbersome to track each task, and there are too many to focus on at one time. Out of frustration or confusion, you’ll simply stop the planning process or stop using the plan. Make sure your business plan includes only what you need to manage your business. 

Problem 2: Are you focused enough?

It’s easy to lack focus if you have so many details in your business plan that they’re competing for your attention. A change to a simple, single focus allows you to be more creative and work smarter. In addition, a more concentrated approach significantly reduces stress on and off the job. 

Solution: To improve your focus, reduce your measurable goals in your business plan to initial appointments with new clients, and stop there. Do not discriminate between listing and buyer appointments. Count them both. 

Why just target initial appointments? After using this model with thousands of real estate professionals all over the country for more than a decade, I’ve found an accurate rule of thumb: Modestly competent professionals with at least one year of experience will execute a successful transaction with at least half of the new clients with whom they have an initial appointment. That means every two initial appointments lead to a sale, roughly. Forty new appointments for the year lead to 20 sales.

Here are some other benefits:

  • As you make initial appointments each week, you’ll naturally focus on the best ways to generate the appointments and your skill at turning those into sales.
  • The initial appointments are a measure that makes it easy to identify which skills or systems are your greatest weaknesses or strengths.
  • You’ll make better decisions about what to do, what to buy, and what to learn next. This will save you time, money, and frustration, and give you more confidence as you go forward. 

Problem 3: Are You Motivated Enough to Achieve These Goals?

Your purpose is your reason for doing anything. “Why” you do something drives you to action. If you haven’t identified the “why,” then your business plan will likely fall flat.  

Solution: Consider your business goals and your purpose behind those goals. This will create a deep and lasting motivation and prevent you from feeling powerless and mediocre. 

Before you set your measurable goals, do the following: 

Write down at least five answers to the question, “What do I want my business to do for my life? What do I want my business to accomplish for me and my loved ones?” 

Then, ask yourself, “Why do I want that?” And keep writing those answers down and continually asking, “And why do I want that?” 

Continue to ask yourself these questions until you have an emotional response to your answer and arrive at an answer that excites you. Sometimes this excitement occurs immediately; sometimes you have to live with that question on your mind for a few days to let your subconscious work on it. 

Eventually, you’ll have an answer that makes you say to yourself: “That’s why I am willing to do whatever it takes.” This adds tremendous power and purpose to your efforts, goals, overall plan, and everyday work. 

Measure Your Results

These three easy changes are necessary to successful planning. But, don’t forget: You have to hold yourself accountable too. 

Every working weekday, before you open your e-mail or make a phone call, take about five minutes to think about the results you’re getting. Use this time to think about your “what” and “why.” Update your appointments, sales, and listings. 

Then, once a week, instead of five minutes, schedule a half hour to consider these issues. After you update your results, ask: “What can I do for my business this upcoming week that would make it even more successful, even more enjoyable, and even more profitable?” 

Such constant reflection will help you stay focused and motivated and ensure that your next business plan isn’t just a wish list but that it soon becomes a list of what you’ve actually achieved.

*Original Article located at: http://www.realtor.org/rmosales_and_marketing/salescoach/columns/0910_salescoach_businessplan

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Georgia REALTORS® Need Your Help! Sep 26

Please consider a donation to the GAR Disaster Relief Fund and help your fellow REALTORS® who have been affected by the devastation of the recent floods.

Click Here to make a secure donation online, or to download a form to fill out and mail in to GAR. No amount is too small!

GAR’s Disaster Relief Fund was founded to assist REALTORS® who have lost their home, their office, their ability to pay for their home and/or their livelihood through a natural disaster or other catastrophic event.

Thank you for any help that you can give to your REALTOR® colleagues in this time of need.

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Legal Updates Sep 25

Material Facts: Once Material, Always Material?

By Will Martin 

I am frequently asked by REALTORS® whether they are required to disclose the Will Martinexistence of some past event that had an adverse effect on a property.  I give my customary “it depends” answer because the answer depends—as it always does—on the particular facts. 

Take the following example: you’ve just gotten a new listing on a house and you’re sitting at the seller’s dining room table assisting her in completing the Property Disclosure Statement.  The seller relates that one Saturday evening a couple of years ago, water began dripping from the dining room chandelier just before the arrival of dinner guests.  The dinner party was adjourned to the living room and was a screaming success, but a post-party investigation revealed a slow leak in an upstairs bathroom tub/shower just above the dining room that had caused a significant amount of unseen damage.  Lots of damp wood and mold under the tub in the space above the dining room ceiling.  (The hair on your neck stands up when the seller mentions “mold.”)  The leak was fixed, the mold removed and a fair amount of sub flooring and sheetrock replaced.  (You steal a glance at the dining room ceiling as the seller is talking and it looks perfect.) The seller tells you that she has documents from a reputable contractor that detail all the work that was done.  You are thinking to yourself: Do I have to disclose any of this to a prospective buyer?

As you know, you are required by the licensing law and the REALTOR® Code of Ethics to disclose material facts about a property.  So are the facts that the seller has told you about in the above example material facts?  In my opinion, if an agent can, under the particular circumstances with which he/she is confronted, reasonably conclude that: (1) the source of a problem has been identified and satisfactorily corrected/repaired and (2) any damage caused by the problem has been satisfactorily repaired, then the agent would not be required to disclosure any facts about the problem and the damage caused by that problem because the information is no longer material.  In the example given, I would recommend that you, as the listing agent, request copies of the documentation from the contractor.  If the documents support what the seller has told you, and based on your own inspection of the property there are no indications that the problem still exists, I do not believe you would be required to disclose what the seller has told you about the leak or the problems it caused to prospective buyers.  On the other hand, if the seller didn’t have reasonable documentation from the contractor and you were unable to reasonably satisfy yourself in some other way that the leak and the resulting damage had been taken care of (by perhaps contacting the contractor who did the work or getting a supporting opinion from another qualified person), then you would probably be required to disclose.

Even if disclosure isn’t required, I recommend that agents have a discussion with their seller clients about the potential benefit of disclosing anyway.  Buyers who discover the existence of a previous problem after closing sometimes threaten or even take action against the listing firm and/or the seller based on an alleged “cover-up” of the problem.  Disclosing the problem up front and demonstrating that everything has been fixed should help avoid that possibility.

Will Martin is a manager in the law firm of Martin & Gifford, PLLC, which practices primarily in the area of real estate brokerage law.  For more information about the firm, go to www.martingiffordlaw.com.  Copyright © 2009, Martin & Gifford, PLLC.

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