REALTOR® NEWS LETTER
Monday, May 4, 2009
“Your Voice in Real Estate”
THERE WILL BE NO NEWS LETTER THE WEEK OF MAY 25, 2009.
REALTOR® SAFETY TIP: Install good locks on your home
Your home should have deadbolts with full one-inch bolts on all entry doors in addition to existing locksets. Any door with glass panels within three feet of the lock should have a double deadbolt, which requires a key on both sides.
Bayou Board News
MAY 2009 MONTHLY GATHERING WILL BE THE ANNUAL TRADE SHOW! BOARD OF DIRECTORS MEETING – The Directors of the Bayou Board of REALTORS® will NOT be meeting during the month of May 2009. BOARD HOURS – o Monday, May 25th – Board Closed – Memorial Day
BAYOU BOARD OFFICE STAFF VISITS – If you would like to have Jennifer visit your office or hold one-on-one training sessions on the MLS, please give her a call at 985-868-7877. If you would like to have Modez come visit your office to cover any issues, policies, procedures, general computer etc., please call 985-868-7877. MEMBER BENEFITS! – The National Association of REALTORS® has carefully considered how we can best support you, our members in these uncertain times. NAR is here to assist you and your business with the “Right Tools, Right Now.” Effective immediately, NAR is offering members over 300 products, publications and services for FREE or AT COST so you can easily take advantage of the timely tools, tips and strategies you and your business need. Get these valuable products and resources RIGHT NOW at www.REALTOR.org/RightTools. Each month new additions will be added throughout 2009/2010. Save the address in your favorites! LOUISIANA REALTORS SPRING CONFERENCE - Top state officials and experts on real estate’s hottest issues will give REALTORS critical industry information they can use at the 2009 Louisiana REALTORS REAL Issues Conference this May. LR has put together another significant lineup of speakers and activities designed to help REALTOR brokers and agents better understand the market, the issues and the trends that will shape real estate in 2009. Governor Bobby Jindal will headline the conference’s main legislative event, where attendees will have the opportunity to hear firsthand the governor’s take on the Louisiana economy and activities in the current legislative session. For full details visit www.larealtors.org. NEW MEMBER ORIENTATION – New Member Orientation is scheduled for Thursday, May 28, 2009 at the Board Office from 7:45 AM to 4:45 PM. Every new Member MUST ATTEND Orientation within the first year of becoming a member of the Bayou Board. Sign-up early, seating is LIMITED! WIN REALTOR® 2010 MLS & LOCAL FEES PAID! – Congratulations to Kathy Hebert of Town & Country Real Estate. Kathy’s name was drawn at the January Legislative Outreach Luncheon. Kathy will receive her entrance fee to the Annual Trade Show paid in full. To view how you can be eligible for 2009 & 2010 drawing visit www.BayouRealtor.com click on Event Calendar, then click 2009 & 2010 Drawings. Another REALTOR® will be selected from the Trade Show to receive their meal paid at the next luncheon. Also, if you attended the Legislative Outreach and attend the Trade Show your name will continue forward to be dropped in the bucket for the year end drawing to receive local dues and supra key renewal paid.
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2009 ANNUAL TRADE SHOW – “MONTHLY MEETING” – 2009 Annual Affiliate Trade show is set for Thursday, May 21, 2009 at the Quality Inn/Houma with the doors opening at 11:30 am for REALTORS®. REALTORS® and Affiliates visit www.BayouRealtor.com and click on Event Calendar for full details. REALTORS® attend this event and be entered into a chance to “Win Your 2010 Fees Paid”. DID YOU KNOW YOU COULD BE GETTING RATED? – Rating sites are popping up everywhere, some sites are http://www.incredibleagents.com – http://agentevaluator.com - http://outrageous.com – http://www.homething.com – www.Yahoo.com - www.angieslist.com http://www.agentranking.com just to name a few. Yahoo states that 77% of today’s clients visit the internet to first review their potential agent before contacting them. If you feel you may have been wrongly accused, contact the site to get the issue resolved quickly. If you know of any other site, pass it on so I can add it to the list. Other sites to watch out for are http://www.rottenneighbor.com & http://www.apartmentratings.com and let your clients be aware too.
MLS NEWS
MLS COMMITTEE MEETING – The MLS Committee Members will NOT be meeting for the month of May 2009. MLS INPUT SHEET NEWS - As part of making your Navica system VOW compliant, a new field has been added to your system, Display Address (y/n). This field allows the homeowner to have their address excluded from display on the internet, which is part of the compliance requirements. Selecting "No" for this field only excludes the address from displaying on the internet, not the entire listing. To exclude the entire listing, the end user will still select "No" for the Display on Internet (y/n) field. Make sure to have the updated forms handy. IF you have an ample supply of printed input sheets, all you have to do until you use them up is handwrite in the field “Display Address (Y/N).” MLS BROKER ELECTION/BREAKFAST! The MLS nominating committee met and formed the following slate of nominees for election; 2009 – 2010 Chairman Arlene Chandler (1 Position Available) 2009 – 2010 Vice Chairman Shirin Nail (1 Position Available) 2008 – 2011 Certified Appraiser holding REALTOR® Membership (1 Position Available) Logan “Hank” Babin Matt Benoit Glynn Bergeron Randy Lirette The Broker Election/Breakfast will be held on Wednesday, June 3, 2009 at the Quality Inn Houma beginning at 8:30 am. Fliers will be mailed this week to the attention of the Broker.
UPCOMING EVENTS/MEETINGS
Banquet Task Force – Thursday, June 4th – 9:00 am – Board Office
UPCOMING EDUCATION/EVENTS – DETAILS COMING SOON!
Title Insurance FREE CE – Wednesday, August 19th – 10:00 am – 12:00 noon – T.P. Library Back by DEMAND – Stephanie Hughes Vice-President Credit & Financial Service “Data Facts Inc. – Thursday, September 3rd – 10:00 am – 12:00 noon – T.P. Library Certified Buyers Housing Advantage Representative – Wednesday, November 18th – Quality Inn
COMMUNITY OUTREACH
HABITAT FOR HUMANITY “WOMEN BUILD!” - The Women Build Program seeks to encourage volunteers to further the home-building mission of Bayou Area Habitat for Humanity. The Women Build will take place May 2 – May 9, 2009. If you would like to be a part of this event, please contact Aimee Bourgeois at 985-447-6999 or via email at labourgeois@bayouhabitat.org for more information. If you are working or contributing to the Women’s Build, please contact the board just as an FYI. The Association office has been receiving inquiries of as to how many REALTORS®/Affiliates will be participating.
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“BAYOU TALK”
If you know or want to share something, pass it on. Send information to the board at BayouBoard@BayouRealtor.com.
PAT BREAUX UPDATE ** - This is Pat's sixth week at LSU Medical Center in Shreveport.
They put him back on the ventilator last week because he was having trouble breathing. His lungs are full of fluid which they thought was pneumonia but is congestive heart failure. Thank God for the ventilator and his pacemaker. Pat underwent 8 hours of surgery on Thursday to repair an abdominal aneurysm. It is a miracle that he did as well as he did during the surgery. On top of everything else, Evelyn received word on Friday that she has been laid off effective May 31. They truly need our prayers. Pat does recognize family members when he is awake. His body was so badly broken and he is still paralyzed on his left side.
Need a list of Home Builders? Visit http://www.selhba.com. ANNOUNCEMENT OF 24-HOUR RALLY PLANNED TO OPEN 2009 HURRICANE SEASON EVENTS TO FOCUS NATIONAL ATTENTION ON THE LOSS OF AMERICA’S WETLAND “Storm Warning IV: Last Stand for AMERICA’S Wetland”, a series of May 30 – June 1 events in New Orleans, Larose, Morgan City, Houma, and Lake Charles with opportunities for public participation in a unique demonstration of solidarity on the plight of the coast. The America’s WETLAND Foundation and its community partners, including Terrebonne Parish Consolidated Government, are announcing plans for a major, 24-hour rally in Louisiana coastal communities to kick off the 2009 hurricane season. These events are designed to draw widespread citizen participation and attract national attention to the plight of our disappearing landscape, which hosts a valuable ecosystem and infrastructure that is critical to the energy and economic security of the United States. www.americasenergycoast.org www.americaswetland.org
WHAT REALTORS® NEED TO HAVE TO RENEW THEIR LICENSE IN 2009?
All Licensees need to have 12-hours of education through the Louisiana Real Estate Commission no later than December 31, 2009, keep the following in mind. The State mandated 2009 4-hour topic is “Residential Agreement to Buy or Sell”. The other 8-hours needed are optional as long as they are approved by the Louisiana Real Estate Commission.
UPCOMING EDUCATION OPPORTUNITIES
GRI COURSE OFFERING IN HOUMA! – Viral Marketing - How to Get Your Point Out On a Beer Budget with Terry Watson on November 12, 2009 from 7:30 AM - 5:00 PM at the Quality Inn. Course Description Coming Soon CE pending, 1 GRI Fee Schedule - $120 – Member, Early Bird (21 days prior to course) - $170 – Member, Late - $190 – Member, Onsite - $215 – Non-member. For more information, contact: Louisiana REALTORS info@larealtors.org 1-800-266-8538. Seating is limited, don’t delay. **REMEMBER** Bayou Board has an Education Course Fund on a first come first serve basis. – CE HOURS ARE PENDING LREC APPROVAL. Even if you would just need the hours, Terry Watson is a presenter you will not want to miss! 2009 EDUCATION TUITION FUND – The Professional Development Team with approval of the Board of Directors has established a “2009 Designation Fund” of $5,000.00. This fund has been established to give local Bayou Board REALTOR® members reimbursement of ½ of the actual cost for completion of a “course” toward an NAR, LR or Local recognized designation. For the “Education Reimbursement Form” contact Modez at BayouBoard@BayouRealtor.com.
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FOOD FOR THOUGHT!
Articles will run for 2 weeks prior to a new submission. Food For Thought articles are derived from ARELLO’s Latest Court Decisions 2006-2007. Courtesy of the Louisiana Real Estate Commission
CONTRACTS (1st Run) Statute of Frauds
Fladeland v. Gudbranson, 681 N.W.2d 431 (2004) Supreme Court of North Dakota FACTS: In 1991, Gudbranson purchased 4,014 acres from the Strobecks for $337,000. The Fladelands had lived and worked on the land and continued to do so after the sale. In 1993, Gudbranson bought additional acreage and the Fladelands farmed and ranched all the property. The Fladelands made semi-annual payments to Gudbranson for their use of the land and paid for the insurance associated with the farming and ranching operations. Gudbranson paid the real estate taxes. Gudbranson died in 1994. His daughters unsuccessfully attempted to sell the land to the Fladelands several times. Later, the parties entered into a written cash farm lease, transferring the title to the Gudbranson daughters’ living trusts. The Fladelands then sued the Trustees seeking specific performance, alleging they had an oral contract with Gudbranson for the sale of the land at zero percent interest. According to the Fladelands, the semi-annual payments they made over the last 9 years were to be applied toward the purchase price and real estate taxes. The trial court ordered specific performance for the Fladelends. ISSUE: Whether the alleged oral contract for deeds violated the statute of frauds, rendering the trial court’s order of specific performance of the contract improper. HELD: Under the statute of frauds, an agreement for the sale of real property is invalid unless the transaction is in writing and signed by the parties. Nevertheless, in the absence of a written contract, under North Dakota law, part performance consistent only with the existence of an alleged oral contract will permit a court to compel specific performance. While improvements to the property may constitute part performance, on these facts it is not clear that such improvements are consistent only with the alleged oral contract as some preceded the alleged agreement. Therefore, the trial court erred in ordering specific performance of the alleged oral contract.
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