Disclosing Surveillance on Listings

video surveillance tentWhat responsibility do agents have to disclose and/or advise their clients about video and audio surveillance and recordings of listed properties?

IREC added a note in the Agency Disclosure Brochure which reads: “Audio/Video Surveillance — Use caution when discussing anything while viewing a property; audio or video surveillance equipment could be in use on listed properties.” Be sure you highlight this when reviewing the brochure – maybe even having you and your clients initial next to that line indicating it was reviewed.

There is some debate about how Idaho law applies to surveillance/recording of listed properties as it’s being done in someone’s personal residence. One way to avoid any issues – for you or your clients – is to incorporate some safeguards into your business practices:

  • Listings Agents Should Always Disclose — If your seller tells you they have audio and/or video surveillance or recording equipment of any kind (security cameras, baby monitors/nanny cams, video doorbell, etc.), you should disclose that information. We’ve seen some agents note that in the private MLS remarks, hang a notice on the front door, or place signage in the property. It may be worth creating a policy and form where you can document how your seller responded when you asked about this, including a way to show how you’ve disclosed this information if needed.
  • Buyers Agents Should Always Forewarn — Whether or not disclosure is made by the listing agent or seller, or if surveillance equipment is obvious or not, it’s worth reminding buyers to not talk about likes, dislikes, pricing, etc., until away from the home. This may be difficult – especially when they find “the one,” but let them know that if a seller overhears, or sees an excited reaction, it could affect their ability to negotiate. Do this verbally and in writing and throughout the home buying process. (And don’t forget it’s on IREC’s Agency Disclosure Brochure.)
  • Obtain Written Consent for Out-of-Town Buyer or Open House Videos — It’s worth it for buyer’s agents to obtain written consent from a seller directly or through their listing agent, before recording or live streaming a property for out-of-town buyers.
  • Obtain Written Consent for Video Tours, Virtual Tours, and Open House Promos — It may even be a good practice for listing agents to obtain separate, written consent for video and virtual tours that will be shared publicly online as part of your marketing plan, as well as any open house promo videos shared to social media, done by you or another agent who may be holding the property open for you.

These tips are not meant to be comprehensive, legal advice, or even requirements, but they can be a great starting point to protect yourself and your clients when it comes to video and audio recordings or surveillance. Here are three other resources:

BRR Membership Now Available to Unlicensed Admins and Staff

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Unlicensed admins and staff working with REALTOR® members of BRR, either as an employee or through an independent contractor agreement, now have the option to join BRR! Admins are often the go-to person for information and assistance by many teams and busy real estate professionals. Because of their important role in the real estate office, it makes sense to give them the option to become BRR members, connecting them with association services and benefits.

Through this voluntary membership option, unlicensed admins and staff receive access to a variety of benefits:

There is no application fee for this membership option, and dues are just $200 per year and prorated based on the month you join:

January
$200.00
February
$183.33
March
$166.67
April
$150.00
May
$133.33
June
$116.67
July
$100.00
August
$83.33
September
$66.67
October
$50.00
November
$33.33
December
$16.67

 

To get started, simply fill out the Unlicensed Admin/Staff Membership Application and drop it off at BRR in person, weekdays between 9:00 a.m.–4:30 p.m., or email it to info@boirealtors.com. Please call us with any questions and thanks for joining!

Please note, this option is for BRR membership only and does not extend to membership or benefits with Idaho REALTORS® or the National Association of REALTORS®. Because of this, unlicensed admin or staff members are not “REALTORS®” and therefore unable to use the term or logo to identify themselves as such in any marketing or communication. They are also not part of a solicitable class for RPAC. Finally, while unlicensed admins or staff may be eligible for administrative access through IMLS, that is separate from this membership.

Member Spotlight: Linda Young

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“Linda is extremely gracious with her time. She has supported so many local community organizations, including but not limited to; the Boys and Girls Club, Women’s and Children’s Alliance, and many others. Linda has been in the Treasure Valley for most of her life and a licensed agent for 13 years. She is passionate about helping others in her community and will give the shirt off her back to do so!”

— Krista Deacon, BRR Director and Broker for Silvercreek Realty Group

First Friday Broker Forum Recap – May 4, 2018

Thanks to those of you who attended our second “First Friday Broker Forum” on May 4, 2018. Another great discussion, with lots of ideas, resources, and insights shared. The following is a summary of that discussion for the benefit of all brokers.

Coming Soon and Office Exclusives

We heard that many brokers and agents would use the “Coming Soon” status if CDOM wasn’t calculated. Because of this, many instead opt for the office exclusive option, basically recreating the issue the Coming Soon rule was trying to solve. That feedback will be shared with the IMLS Coming Soon Task Force for consideration.

The question was raised, “Then why even offer the option of office exclusives?” MLSs affiliated with the National Association of REALTORS® (like IMLS) must allow this option in accordance with NAR’s 2018 Handbook on Multiple Listing Policy’s MLS Antitrust Compliance Policy (on Part Two Section A; page 7). According to that policy, not allowing a brokerage to have office exclusive listings (or pocket listings) could be seen as an MLS interfering in a broker/client relationship or restricting how a broker conducts their business.

However, we know not all agents submit the Waiver of Benefits form required by IMLS on office exclusive listings — possibly assuming an office exclusive does not require notice to IMLS. That is incorrect. NAR policy (Section 5 Policy Statement 7.63) allows MLSs to require certification from the seller or their agent that a property is being withheld from the MLS, which the IMLS Rules and Regulations do (Page 4 of the FAQs).

This is a complicated topic and one that the IMLS Board of Directors and Rules Committee will continue to discuss and refine. Please feel free to share your feedback with IMLS CEO Glenn Christoph and check out these related articles and resources for more: NAR “Coming Soon” Information and Resources and IREC “Coming Soon Listings” Guideline #8.

Home Inspector Keys — No Agent, No Buyer Present

A recent legal review of the IMLS Home Inspector Key Agreement reconfirms that home inspectors “shall not allow third parties into the home” and that homebuyers are considered third parties in this situation. Homebuyers, of course, can attend a home inspection, but only with a real estate agent present. If the real estate agent leaves, so must the buyer. We know some brokers do not allow their real estate agents to attend home inspections for liability purposes, just know this may also prohibit the buyer from attending the inspection. BRR recommends brokers speak to legal counsel to create their own policy around home inspections, to clarify rules regarding agents’ presence at a home inspection and, further, that homebuyers are only allowed at an inspection when a real estate agent is present.

“Seller will only pay if ABC Title is used…”

The question about MLS remarks like the one above popped up and (luckily?) it’s one we’ve shared info on previously. In the blog post “RESPA Section 9 & Title Company Selection,” Hawley Troxell (BRR’s legal counsel who researched this per our request), they do conclude the following…

A seller can stipulate they will only pay for a title insurance policy if ABC Title is used, however, a seller cannot require ABC Title to be used solely as a condition of the sale. If the buyer doesn’t want to use ABC Title, that’s fine, but they understand then the seller may not the pay for that title insurance policy. It’s a tricky situation for sure, and one that you may want to consult your own legal counsel on (as this is not meant to be legal advice in and of itself).

Another safeguard for agents in and out of the MLS remarks is to avoid referring to any vendor as “preferred,” “partners,” or something similar. Agents can make recommendations to clients about certain vendors, though. Semantics are fun!

One more tip (based on a practice from my former broker in Minnesota) is to disclose to clients any marketing partnership, service arrangements, in-house affiliations, etc., you or your brokerage may have with any vendors, whether or not your clients choose to use them. It’s a good CYA practice that I implemented, in which my clients sign a form stating I disclosed that information to them.

“I exclude my listings from AVMs when inputting listings, but still see an AVM on my listing when it hits the portals. What’s up?”

Selecting this option only excludes your listing data from being used in the AVM algorithm used to produce an AVM on the portals. It does not exclude your portal listing from having an AVM on it.

Other IMLS Tips… use the Collab Center, Homesnap Pro Mobile, CRS Tax, and ShowingTime. As one broker said, “It’s life-changing.” You’ll just have to try them all to see which one she was talking about!

Member Spotlight: Scott Taylor

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“Scott is all in with the goal of always making a difference in our community. He’s been involved with BRR as a member of the Communications Committee and REALTOR® Outreach Committee. Outside of real estate he helps with Paint the Town, Boise Bicycle Project, Idaho Gives, Christmas Kids Bike Give Away, Ada County Wood Works, Southwest Idaho Woodturners Association, Idaho Artistry In Wood, Turn for the Troops, Shriners Toy Drive, and Western Idaho Fair. He also assists his elderly neighbors by shoveling walks, driving them to appointments, and checks on them weekly. Scott wears his heart on his sleeve and is so careful to always do the right thing.”

— Krista Deacon, BRR Director and Broker for Silvercreek Realty Group

Member Spotlight: Pam Grove

Pam-Grove“Talk about an involved member of our community! Pam’s involvement includes St Als. Junior Achievement, Junior Steelheads, BSU Hockey Team Board Member, Boys and Girls Club Wild West Auction, Marion Pritchard / Salvation Army, Paint the Town, Move For Hunger local volunteer and much more.  She has served in many capacities within BRR over the years too!  Her energy and passion is contagious and she always finds time for new projects. Pam has been licensed since 2006 and has a heart of gold!”

— Krista Deacon, BRR Director and Broker for Silvercreek Realty Group

Print or Save your BRR Receipts

Find your BRR receipts for your dues, class registrations, purchases, etc., by logging on to our online portal. Once you’re logged in, you can also update your information, change your password, register for classes, and more. Below are the steps to print or save a receipt from BRR.

Step 1: Navigate to our Member Login page.

Member Login

Step 2: Login using your IMLS member # and password. If you have difficulty logging in, give us a call at (208) 376-0363, or send an email to info@boirealtors.com and we’ll reset your password.

Member login

Step 3: Once you’re logged in, you may see the screen below (if it has been awhile or it’s your first time logging in). Click Continue.

Profile Update Notification

Step 4: Make changes as necessary or click Save to move on.

Step 5: To find your receipts, click on My Orders on the top toolbar.

My Orders

Step 6: Click on any paid order to print or save your receipt!

Questions? Call membership at (208) 376-0363 and we’ll assist you.

 

Where’s my Production Plate and/or Plaque?

BRR_COE_16-rebrandYou killed it in production last year and now you’re wondering where your Circle of Excellence production plate and/or plaque is. Here’s a quick update… They have been ordered, and we expect them to be done in the coming weeks. Once we get them in, we’ll contact brokerages to come pick them up at the BRR office. If you have any other questions, please contact Shari Fernandez, BRR Director of Events and Community Engagement.

2018 REALTOR® Awards Gala

 

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Congratulations to our award winners and top producers!

2018 Awards Ad IS

Download the PDF version here.

BRR Honor Society members are also recognized at the Gala. To learn more about the Honor Society and to apply, visit our Honor Society page.

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2018 Thank you Gala sponsors shareable graphic