680949 by yaofenjin


									                                               Vincent C. Gray - Mayor, District of Columbia

                  Alton Duncanson,                   Dr. Shari Barton, Broker, Legal Committee Chair  Monique N. Owens, Salesperson Member
  Chairman, Education Chairman, Salesperson Member
                                                                Rick Gersten, Broker                 Edward D. Collier, Property Manager Member
                 Henry M. Terrell, Esq.
              Vice Chairman, Attorney Member                      Jo Ricks, Broker                   Kenneth D. Smith, Property Manager Member

                               District of Columbia Real Estate Commission 1100 4th St SW Washington, DC 20024

                                          Chairman’s Corner                                        by Alton “Tony” Duncanson

                                          Not that long ago, a “tweet”       Online         advertising         text visible on the same
                                          was only the sound a bird          undertaken for the purpose of      webpage that contains the
                                          made. “Social Media” meant         any licensed activity that can     chat session if the licensee
                                          reading what was in the                                               controls the website hosting
                                                                             be viewed or experienced as a

                                          newspaper and talking about                                           the chat session;
                                                                             separate unit such as
                                          it over coffee with friends.                                          Licensees shall not use
                                          Back then, we never heard of       e-mail messages or web pages
                                                                                                                unsolicited commercial
                                          a “blog”. Only the crew of         shall contain an on-line
                                                                                                                e-mail (Spam) to promote
                                          the Starship Enterprise had        disclosure as follows:             licensed activity. Licensees
                                          this thing in their ear that                                          are responsible for the
                                          they could communicate             If a firm or licensee owns a       actions of third parties that
                                          through.    “Beam me up            web page or controls its           provide commercial e-mail
                                          Scotty” things have really         content, the viewable page         advertising and marketing
                                          changed.                           shall include an on-line           services for the benefit of the
                                          Today we blog, tweet, and          disclosure or a link to an         licensee.
                                          post or contribute to              on-line disclosure;                Err on the side of caution
                                          communities like Facebook,                                            and you will save yourself
                                          LinkedIn, ActiveRain or            E-mail, newsgroups,                potential liability.
                                          Trulia. We send text               discussion lists, and bulletin
                                          messages in an abbreviated         boards shall include an
                                          language that only teenagers       on-line disclosure at the
                                          really understand. All of this     beginning or end of each
                                          progress falls into the            message. The provisions of
                                          category of “social                this subsection do not apply
                                          networking”.                       to correspondence with
                                          Social Networking is one way       persons with whom the
                                                                             licensee has already
                                          of communicating with
                                                                             established a brokerage
                                          clients, customers and the                                                Alton Duncanson, Chairman
                                                                             relationship and which are
                                          public but, in all its forms,
                                          can be considered
                                                                             made in the ordinary course             CONTENTS
                                                                             of business;
                                          advertising. Licensees must

                                          be knowledgeable of the            On-line disclosure is not
                                          rules of disclosure with           necessary in an instant            ARELLO Elections….….….2
                                          on-line advertising, and how       message, IRC, or ICQ format
                                          they apply to these media.                                            WDCAR and
                                                                             if the firm or licensee has        GCAAR…….……………....2
                                          This can require some              provided the on-line
                                          interpretation, since many of      disclosure via another format      DCREC Course Offerings.….3
                                          today’s tools did not exist        prior to providing, or
                                          when the regulations were          offering to provide, services      CE Courses on Historic
                                          framed.                            licensed under this chapter;       Preservation………………....3
                                          Here are some pertinent
                                                                             On-line disclosure is required     DC Foreclosure Act of 2010...3
                                          excerpts regarding On-Line
                                                                             prior to providing, or
                                          Advertising from the                                                  Legal Actions………………..4
                                                                             offering to provide,
                                          District of Columbia               licensable services during a       Key Dates and Facts………...5
                                          Mu nic i pa l Reg ula ti o n s     chat session. On-line
                                          (DCMR) Section 2615.               disclosure may appear in the
Page 2                                                                                                                          THE COMMENTATOR

  Commissioners & Staff Win Elected Positions with ARELLO
                           Congratulations to the                    ARELLO supports jurisdictions in
                           Commissioners and Staff who were          the administration and
                           successfully elected or reappointed       enforcement of real estate license
                           as officers in the Association of         laws to promote and protect the
                           Real Estate License Law Officials         public interest. Their stated
                           (ARELLO).               On      the       purpose is to promote excellence in
                           ARELLO® Board of Directors                real estate regulation. With the
                           representing District 1 are Tony          vision of becoming the essential
   DCREC Chairman          Duncanson, Vice President; Henry          link for making regulation better
   Alton Duncanson         M. Terrell, Director and Shari            ARELLO continually strives for
                           Barton,        Director.       These      the following core values:
                           Commissioners served in these                                                            DCREC Commissioner
                                                                     • Protection of the public                       Dr. Shari Barton
                           capacities for the previous term and           interest;
                           were elected based on their               • Freedom from undue
                           superior service.
                           Staff member Leon W. Lewis won            • The          exchange         of
                           the national ARELLO office of                  information and the creation
                           Treasurer. Mr. Lewis had ably                  of knowledge; and
                           served in a variety of capacities         • An inclusive community, with
                           before seeking and winning this                cooperation among regulators
                           national   office. We are excited              and jurisdictions.
                           and proud to have such a talent in        Congratulations to our
 DCREC Commissioner        our midst.                                Commissioners and Staff on their
                                                                                                                         DCREC Staff
 Henry M. Terrell, Esq.                                              achievements.                                      Leon W. Lewis

                          WDCAR and GCAAR:                            A Tale of Two Associations
                                   – Similar in Mission But Not in Structure
                           District real estate professionals have   main purpose is to promote public         essential to its members needs,
                           always been a bit confused about the      policy positions that support             including: forms, lockbox services,
                           difference between the Washington,        REALTOR® and industry interests           and professional development.
                           DC Association of REALTORS®               in the District of Columbia, as well as   GCAAR also promotes public policy
                           (WDCAR) and the Greater Capital           federal legislation that supports         that supports home ownership by
                           Area Association of REALTORS®             REALTOR® issues. WDCAR                    working with local lawmakers and
                           (GCAAR). Both groups support              provides other services as well,          elected officials. GCAAR offers
                           REALTORS® in Washington, DC,              including legal and tech hotlines,        continuing education courses for
                           but their structure is a bit different.   information through print and digital     Maryland, DC, and Virginia as well as
                           We asked Brenda Small, 2010               communications, and networking            other designation programs.
                           WDCAR President, and Shelly               opportunities. Similar to other state     “Because our jurisdictions are so
 2010 WDCAR President      Murray, 2010 GCAAR President, to          REALTOR® associations, WDCAR              close and we share many of the same
     Brenda Small          shed some insight.                        offers the Graduate REALTOR®              services and resources, we enjoy a
                           It’s best to understand the structure     Institute (GRI) designation program       special relationship with our
                           set up by the National Association of     through the local associations.           WDCAR members, one that works
                           REALTORS® (NAR). According to             “Being a member of WDCAR is the           very well.” says Shelly Murray.
                           NAR, REALTOR® associations are            best of both worlds,” says Brenda         All GCAAR members are members
                           set up in a three-tier structure -        Small. “You benefit from all of the       of NAR, but at the state level, they
                           National, State, and Local. In this       great resources afforded to you as a      are either members of the Maryland
                           structure, NAR is the national body.      GCAAR member, but there’s still a         Association of REALTORS® or
                           WDCAR is the State Association            focus on DC real estate issues and        WDCAR (state membership is based
                           serving REALTORS® in the District         how they impact our business.”            on the agent’s/broker’s office
                           of Columbia. GCAAR is the local           GCAAR, as the local association,          address).
                           association, and serves members in        supports residential REALTORS®
                           the District and Montgomery                                                              For more information visit:
                                                                     in the District of Columbia and
                           County.                                   Montgomery County, Maryland by            www.gcaar.com or call (301) 590-2000
 2010 GCAAR President
    Shelly Murray          As the State Association, WDCAR’s         providing a variety of services           www.wdcar.org or call (202) 626-0099
Page 3                                                                                                                                          THE COMMENTATOR

                      Successful Mandatory Continuing Education Course Offerings
                                  from the DC Real Estate Commission

 15 Hour CE Requirements The three DC Real Estate                                       into the Real Estate Guaranty          cannot accommodate ALL
                                Commission courses were                                 and Education Fund. Per                licensees. Nor is that a goal to
 Broker & Property Manager successfully held on February                                DCMR regulation section                achieve at any time.

                                17, 2011 at the University of the                       2707.1, the Commission may             Licensees are encouraged to take
  3/1/2011— 2/28/2013 District of Columbia. The three                                   use the Fund to pay that               advantage of the educational
                                mandated courses are Fair
                                                                                        proportion of the cost of a            opportunities available from our
      Fair Housing (3 hrs)      Housing, DC Legislative Update                          program that is equal to the           fine continuing education
 DC Legislative Update (3 hrs) and Financing Issues/Update.                             percentage of the         program      providers throughout the entire
                                Each of the courses was                                 directly related to establishing or    two year cycle. All the course
 Financing Issues/Update (3hrs) attended by between 650—700                             maintaining an educational             categories can be listed by
   General Electives (6 hrs)    licensees, a terrific turnout by all                    program to improve the                 visiting this site with these steps:
                                accounts. Feedback on the event
                                                                                        competency of licensees or             https://www.PulsePortal.com
         Salesperson            and instructors was positive.                           applicants for licensure.
                                                                                                                               Program: District of Columbia
  9/1/2009— 8/31/2011 One question that was                                             These courses are offered as a         Board: Real Estate
                                repeatedly asked is how is it that                      way to comply with the
                                                                                                                               Select “Course Offering Inquiry”

      Fair Housing (3 hrs)      these courses can be offered at                         regulation and give an
                                no additional cost to the                               opportunity for licensees to keep      Fill in Dates using Drop Down
 DC Legislative Update (3 hrs) licensee? The short answer is                            current with their continuing          Calendar in first two white boxes.
 Financing Issues/Update (3hrs) that the courses are paid for                           education. Even when                   Select the course category
   General Electives (6 hrs)    through each licensee’s payment                         accommodating larger groups of         Click “View/Refresh Report”
                                                                                        licensees, the        Commission

           Continuing Education Offering: Historic Preservation 101 & 201
        Historic                                  The DC Preservation League           advice on how to navigate              integrating historic resources with
 Preservation 101 & 201                           (DCPL), is pleased to once           historic district requirements,        new construction.
    Tuesday, May 3rd                              again offer no cost Historic         tips on historic preservation          Join the DCPL, along with
                                                  Preservation Continuing              funding and the value of façade        speakers from the DC Historic
   9:00 am - 12:00 pm                             Education courses 101 & 201 to       easements. The 201 program             Preservation Office and the
   Gallaudet University                           run simultaneously on                delves into the process of             L’Enfant Trust for great courses.
 Kellogg Conference Ctr.                          May 3, 2011.                         designating historic landmarks
 800 Florida Avenue, NE                                                                and Historic Districts,                          Limited Spaces.
                                                  Course 101 gives an overview of                                                   Registration Required.
 Free On-Site Parking                             hi s t oric pre ser va ti o n i n    renovating a historic property,
 Earn 3.0 CE hours for                            Washington, DC, including a          navigating the historic                          To RSVP visit:
     either course                                brief history of the movement,       preservation review process and           http://bit.ly/eXhpBS

                                       Saving D.C. Homes from Foreclosure Act of 2010
The DC Department of                              2010”, requiring mortgage            homeowners receive foreclosure         the guidance of foreclosure
Insurance, Securities and                         lenders to go through six months     notices. If borrowers choose to        mediators, impartial go-betweens
Banking issued a bulletin                         of mediation with a homeowner        opt in, they will enter mediation      hired by the agency to preside over
to inform     residential                         before      proceeding with a        with their lender and have 90          mediation sessions geared to
lenders and mortgage                              foreclosure.                         days, in addition to the 30 days       facilitate foreclosure alternatives
borrowers of the                                  The bill, signed by then Mayor       they had prior to deciding             such as loan modifications.
enactment of a new                                Adrian M. Fenty on November          whether to opt in or out, to work      The emergency legislation expired
emergency law, “Saving                            17, 2010, requires lenders to send   out a deal. Mediation allows the       on February 15, 2011. The
D.C. Homes from                                   homeowners a form to opt in or       borrower and the lender’s              permanent version, Bill 18-691, is
Foreclosure Act of                                out of mediation when the            representative to negotiate, with      pending.

                 The District of Columbia Real Estate Commission regulates the licensure of real estate brokers, property managers, and salespersons.
   The Commission office is located within the Department of Consumer and Regulatory Affairs, 1100 4th Street, SW, 5th Floor, Washington, DC 20024. (202) 442-4320.
           This newsletter and licensee training are funded by licensees through payments made to the D.C. Real Estate Guaranty and Education fund.
Page 4                                                                                                                        THE COMMENTATOR

                                                                   Legal Actions
                                                 Robert Healey                   Private Properties, Inc.        Sheila Cross Reid

                                                 The respondent’s license was    Real Estate Guaranty and        By Consent Order, a fine of
                                                 revoked due to his              Education Fund Payment.         $1,000.00 was imposed on the
                                                 voluntarily surrendering his    The Commission authorized       respondent for violation of
                                                 license upon a pending pro-     a payment from the Real         D.C. Official Code Section
                                                 ceeding involving allegations   Estate Guaranty and             47-2853.193(a)(4) (2001) for
   Vincent C Gray,                               of misconduct in accordance                                     failure to “exercise ordinary
                                                                                 Education Fund.         The
       Mayor                                     with D.C. Official Code         licensee involved in actions    care” in a real estate
                                                 Section 47-2853.20 (2001).      taken by the Commission         transaction.
 Nicholas A. Majett,                                                             was Private Properties, Inc.
                                                 Mary Carroll                    The amount of the payment       Lisa Sexton
  Director - DCRA                                                                was $9,050.00
                                                 By final order, a reprimand                                     By consent order, the
 Alton Duncanson,                                was imposed on the              Sandra Seestedt                 Commission imposed a fine
     Chairman                                    respondent for violating                                        of $750.00 for violation of
                                                 D.C. Official Code Section      The Commission impose a         DC Official Code Section
 www.pearsonvue.                                 47-2853.186(b) (2001) and       fine of $1500.00 for failure    47-2853.02(a) (2001) for
 com/dc/realestate                               17 DCMR 2717.3 for              to report a judgment per        operating as a real estate
 _____________________________________________   practicing real estate after    D.C. Official Code Section      salesperson when unlicensed
         dcra.dc.gov                             terminating employment          47-2853.197(27)(2001).          and not renewed.
                                                 with a licensed broker and
                                                 prior to becoming employed
                STAFF                            by another broker and being     Marjorie R. Dick                Thomas Holman
                                                 reissued a salesperson’s
                                                 license by the Board.           By Consent Order, a fine of     By Consent Order, a fine of
    Harold Pettigrew, Jr.                                                                                        $2,500.00 was imposed on the
                                                                                 $1,000.00 was imposed on
       Administrator                                                                                             respondent for violation of
                                                                                 the respondent for violation
                                                 Private Properties, Inc.        of 17 DCMR Section 2609.6       D.C. Official Code Section
        Clifford Cooks
                                                                                 for permitting the use of her   47-2853.197(10) (2001) and
      Program Manager                            Real Estate Guaranty and        name in an advertisement        Section 42-1703(a)(l)(B)(iv)
           Staci Mason                           Education Fund Payment.         without the telephone           (2001) for failure, within a
         Program Officer                         The Commission authorized       number of the brokerage         reasonable time, to account
                                                 a payment from the Real         company with whom she is        for or to remit any money,
                                                 Estate Guaranty and             affiliated.                     valuable document, or other
          Leon W. Lewis
        Program Liaison,                         Education Fund.          The                                    property coming into his or
       Contributing Editor                       licensee involved in actions                                    her possession which belongs
                                                 taken by the Commission         Adnan T. Mirza                  to others. The respondent
           Kevin Cyrus                           was Private Properties, Inc.                                    also violated D.C. Official
         Education Liaison,                      Private Properties, Inc.’s      The respondent’s license was    Code Section 47-2853.17(a)
              Editor                             license was automatically       revoked in violation of D.C.    (13) (2001) in that he willfully
                                                 suspended by law.        The    Code Section 47-2853.197(1)     practiced real estate with an
    Stephanie Johnston                           amount of the payment was       (2001) for substantial          unauthorized person in the
   Commission Assistant                          $23,300.                        mis repres entation and         practice of an occupation or
                                                                                 disciplinary action taken in    profession.
                                                 The claim was paid as a         another jurisdiction per D.C.
           Kia Winston                           result of the respondent’s
          Legal Counsel                                                          Code Section 47-2853.17.
                                                 failure to account for funds
                                                 belonging to the applicant
        Wilfred Usher                            which were entrusted to its
      Chief Investigator                         care.
Page 5                                                                                                   THE COMMENTATOR

                                        Key Dates and Facts
    DCRA Offices           2011 Event Calendar                      2011 Meetings              Active Licensee Counts
                          2011 National Association of       Commission meetings scheduled      (As of February, 2011)
                             REALTORS® (NAR)                 for second Tuesday each month.
                               Midyear Meetings
     Department of          Washington, DC May 9-14                 April 12, 2011
                                                                                                   Brokers 2, 540
     Consumer and           DC Preservation League
                                                                     May 10, 2011
                          Historic Preservation 101 & 201
   Regulatory Affairs
                           Kellogg Conference Hotel at
                           Gallaudet University. May 3               June 14, 2011            Broker Companies 1, 114

1100 4th St., SW             Real Estate Educators                   July 12, 2011
                              Association (REEA)                                               Property Managers 344
 Washington, DC 20024     Las Vegas, Nevada June 11-15
                                                                   August— Recess
                         National Association of Real
 At Waterfront-SEU       Estate Brokers, Inc (NAREB)             September 13, 2011             Salespersons 7, 300
 Metro Station on the         Annual Conference
     Green Line.        New Orleans, Louisiana Sept. 5-10         October 11, 2011
                        Association of Real Estate Law
                              Officials (ARELLO)                  November 8, 2011
                               Annual Conference
                        Baltimore, Maryland Sept. 28-Oct.1       December 13, 2011
                          2011 National Association of        Dates subject to change. Call
                             REALTORS® (NAR)                  202-442-4320 for the most
                               Annual Convention                 updated information.
     dcra.dc.gov          Anaheim, CA November 11-14

                        District of Columbia Real Estate Commission
                        1100 4th Street SW, Suite E500
                        Washington, DC 20024

To top