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Winter 2009 | oREGoN REAlToR® | 3

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Volume 44 Number 4

ASSOCIATION OFFICERS

PRESIDENT Alan Mehrwein, CRB, GRIPRESIDENT-ELECT Joann HansenIMMEDIATE PAST PRESIDENT Dannie Walker, CRB, CRS, ABR, GRIINTERIM CHIEF OPERATING OFFICER/MANAGING EDITOR Joyce H. Beach, CMP, e-PRO

KEY OBJECTIVE GROUP CHAIRS

Business Issues David Sly, GRIGovernment Affairs Sue Curths, CRB, CRSPolitical Affairs Sara IrvingProfessional Development Garett Chadney

Any information provided is intended for the general guidance and

information of OAR members. OAR should not be considered the

single authoritative source of information. The user is responsible for

verifying all important information for accuracy and completeness

before taking any action on the basis of the information.

The OREGON REALTOR® (ISSN 1059-2628, USPS 600-080) is pub-

lished quarterly by the Oregon Association of Realtors®, PO BOX

351, Salem, OR 97308-0351. Subscriptions cost $4 annually as part

of membership dues; $15 annually for nonmembers. Second class

postage paid at Salem, OR. Postmaster: Send address changes to

the OREGON REALTOR®, PO BOX 351, Salem, OR 97308-0351.

Advertising carried in the OREGON REALTOR® does not constitute an

endorsement of the products by the Oregon Association of Realtors®.

Exceptions to this rule are seminars sponsored by the Oregon

Association of Realtors®.

Printed on recycled paper.

STATEMENT of oWNERSHIP AND MANAGEMENT. The oREGoN REAlToR® (ISSN 1059-2628, uSPS 600-080) is published four times a year in Spring, Summer, Autumn and Winter by the oregon Association of REAlToRS®, P. o. box 351, Salem, oR 97308-0351. The editor is Andrea l. bushnell, P.o. box 351, Salem, oR 97308-0351. The owner is the oregon Association of REAlToRS®, P. o. box 351, Salem, oR 97308-0351. There are no bondholders, mortgages or other security holders.

EXTENT AND NATuRE of cIRculATIoN: Average number of copies of each issue published during the preceding twelve months: (A) total number of copies printed, 18,500; (b.1) Mailed outside-county paid subscriptions, 18,306; (c) total paid distribution, 18,306; (D) sample, free or nominal distribution, 0; (f) total distribution, 18,306; (G) copies not distributed, 194; (H) total, 18,500; (I) percent paid, 100%. Actual number of copies of single issue published nearest to filing date: (A) total number of copies printed, 20,000; (b.1) mailed outside-county paid subscriptions, 18,015; (b.2) paid mailed subscriptions, 963; (c) total paid distribution, 19,978; (f) total distribution, 19,978; (G) copies not distributed, 22; (H) total, 20,000, (I) percent paid, 100%.

O R E G O NREALTOR®

Joyce beachManaging Editor

front cover photo: Two frozen trees one winter morning on Mount Hood, oregon.

Editor’s Podiumlooking Ahead to “Peaceful” TimesWe all have heard the phrase, “May you live in interesting times.” Thought by many to be an ancient chinese proverb or blessing, the phrase is in fact likely to be a curse of recent western origin.

It probably is safe to say that many Oregon REALTORS® have found themselves living in interesting times recently; yes, those times have seemed more like a curse than a blessing. Hopefully we are about to turn the corner on those times and move on to what the Chinese call more ‘peaceful’ times.

In this final magazine of the year, 2010 Oregon Association of REALTORS® President Alan Mehrwein looks ahead to his year as president. In the interview with Alan on pages 8-9 he discusses some of the issues that REALTORS® and the Association will face in the coming year. Elsewhere in the magazine you’ll find a look ahead at what the February 2010 special legislative session might have in store for Oregonians in general and real estate licensees in particular.

This issue also is an opportunity to look back on some of the “give back” opportunities the Association has had over the past year. In her article on page five, 2009 HOME Foundation Chair Cynthia Balzola talks about the grant programs that have expanded this year through the HOME Foundation and the new Home Sweet Home program. One family who received some of this grant money participated in the Taste of Portland event last September. Their testament to the program and how it personally helped them was truly a moving moment for everyone.

Also, on page 15, there’s a photo and brief article about the special events November “Night at the Trailblazers.” This evening, which we hope will become an annual event, brings REALTORS® and some very special kids together for dinner, socializing and a professional basketball game. What could be better for all the parties involved?

Finally, as we look forward, you will see some changes to the OREGON REALTOR® publication. We continue to work to be good stewards of the Association’s finances so, as approved in the Association’s 2010 budget, two of next year’s magazine issues will be mailed to our membership and two will be posted online. The first online issue is tentatively set for summer 2010.

The Oregon Association staff sends our wishes for a prosperous New Year for all of us. We want to stuff your holiday stockings with great business tools and educational opportunities for the year to come. Happy holidays from our desks to yours. ■

4 | oREGoN REAlToR® | Winter 2009

Editor’s Podium 3

oregon REAlToRS® HoME foundation 5

counselor’s corner 6The Importance of Being Earnest

Environmental update 7Radon not Limited to Basements

2010 REAlToR® President 8

Government Affairs 102010 Advocacy Needs your Input

International 11FIABCI Equals 60 Years of Global Real Estate

REAlToRS® of the Year 12

Night at the blazers 15

oRPAc Investors 16

Hotline Highlights 18Does the Seller have to Continue with this Transaction

Events calendar 20

O R E G O NREALTOR

Please register me for International Relocation Services from Start to Finish

Name ________________________________________________________Nickname _________________________________________

Firm ____________________________________________ Firm Address ____________________________________________________

City ________________________________________ State ________________________________Zip___________________________

Phone ______________________________________ Email _____________________________________________________________

Enclosed check for $ _________________ Charge my credit card - Name on Card ____________________________________________________

Charge # ____________________________________________________________________ Expiration Date________________________

Billing Address ___________________________________________________________________________________________________

Signature ______________________________________________________________________________________________________

In order to better accommodate your needs, do you have a disability that will require auxiliary aids or services at this meeting?

Yes No If yes, please explain. ______________________________________________________________________________________

PLEASE REGISTER BY JAnuARY 6, 2010

$10 Registration Fee I am an IBC member (no charge)

Total Enclosed _____________

METhod oF PAYMEnT Check (payable to Oregon REALTORS®)

VISA Am. Ex. Mastercard

Register online at www.oregonrealtors.org

or fax registration to 503/362-9615 (credit cards only)

or mail to Oregon Association of REALTORS®

PO Box 351 Salem, Oregon 97308

Learn the ins and outs of International Relocation Services from the experts. Archibald Relocation will explain how to get an international employee and their family to the new job. A panel of experts will share their expertise and knowledge from start to finish.

This workshop is free to International Business Council Members; $10 for non-members

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www.oregonrealtors.org Questions:

Call 800/252-9115 PReSenteRS: Beth Archibald

SCRP, GMS, Archibald Relocation

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The InTernaTIonal BusIness CounCIl presenTs:

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2009 has been a productive year for the HoME foundation – in spite of the economy! Dedicated volunteers and staff have worked diligently to continue and expand the programs of the organization.

Following the NAR Mid-Year meetings, the Board of Directors presented ideas and explored programs to take advantage of the Ira Gribin Workforce Housing Grants offer by NAR to expand the HOME Foundation outreach. Funds are available to state REALTOR® housing foundations to create or support workforce housing initiatives in 2009-2010. The group worked with the Oregon Bankers Association and the Portland Housing Center to create the HOME Sweet Home down payment assistance program for first time/owner occupant buyers with income at or below 100 percent of median.

Qualifying buyers may receive a $2,000 zero interest second-mortgage loan repayable upon the sale or refinance of the home. Participating lenders will

H O M E F O U N D AT I O N

Fundraisers & Grants will Assist Consumers & Organizationsby cynthia balzola, 2009 Chairman

contribute an additional $500 minimum in matching assistance. Through the grant writing efforts of Jenny Pakula, HOME Foundation staff liaison, our grant application was approved and $80,000 has been received to fund the program which will be launched by the end of the year. Visit the HOME Foundation website at www.oarhomefoundation.org for additional information on HOME Sweet Home.

The second annual Taste of Portland fundraising event was held in September at the Oregon Golf Club. It was an exciting evening with enthusiastic booth sponsors, exceptional food vendors, a myriad of silent auction items and thanks to the stellar efforts of emcee/auctioneer, Dave Tangvald, a lively and productive oral auction. Comments from attendees, sponsors and vendors were very positive with many committing to return next year. The template for this program is established and can be duplicated or adjusted for any area in the state. Contact the OAR HOME Foundation Board of

Directors for information and assistance with a fundraiser. 70 percent of funds raised are returned as grants to 501(c) 3 organizations within the area served by the local board generating the funds.

The HOME Foundation will again be awarding grants through the local boards to 501(c) 3 charitable organizations promoting affordable homeownership throughout the state. Grant applications have been solicited and will be reviewed by the Board of Directors in December with 25 qualifying organizations receiving a total of $85,000 by the end of the year.

Attention all brokers with client trust accounts: A major opportunity remains! Legislation passed in 2004 allows interest on client trust accounts to be swept to affordable housing (501(c) 3) foundations. The HOME Foundation extends thanks and deep gratitude to the banks that have established the mechanism to accommodate the interest sweep and the brokers who are participating. For brokers who have not yet made the conversion, a HOME Foundation representative is ready to assist you with the process. A sustainable source of funding for affordable home ownership assistance is at our door step. Making the effort to access it is good business for both brokers and banks.

The foundation has come a long way since it was established in 2004, but opportunities still lie ahead. Creativity, support and perseverance will ensure growth for the future. ■

Taste of Portland Emcee David Tangvald and members of the Phillips family, former grant recipients.


Continued on page 7.

C O U N S E L O R ’ S C O R N E R

The Importance of Being Earnest by Matt farmerOf Counsel

first, let me apologize to oscar Wilde fans for the title. Wilde’s nineteenth century comedy about the double life of Earnest Worthing, adopted as a baby after being discovered in a handbag at a railway station, is too good a metaphor to pass up. If ever there was a foundling with a double life, it’s earnest money in real estate.

Historically, (we are talking Oscar Wilde, 19th century historically here) in the commercial sale of goods, the part payment of the purchase price prior to shipment was taken as evidence or ratification of the sale. This part payment was called “earnest” or “earnest money.” Earnest was a convenient and speedy way to evidence an agreement to sell. In the days of old, “earnest money agreements” in real estate were a take-off on the tradition of using earnest to evidence or ratify a sale. The earnest was the consideration for what was essentially a unilateral offer to purchase.

As earnest money agreements morphed over time into true bilateral contracts for the sale of real property, the need for earnest money as consideration disappeared, and with it, the need to have the money in-hand prior to acceptance. Earnest money itself, of course, did not disappear. The reason it did not disappear can be seen in its modern definition: “A sum of money paid by the buyer at the time of entering into a contract to indicate the intention and ability of the buyer to

carry out the contract.” Put simply, earnest money is used by buyers to show sellers they are earnest.

There is nothing wrong with earnest money as a way for a buyer to demonstrate they are earnest about the purchase of real property (especially now days when the seller’s only remedy is usually the buyer forfeiting the earnest money). The problem is that what you get for earnest money is, in the best case, an un-deposited check and, in most cases, a fax copy of a promissory note. Neither is money. Neither is in the hands the seller. Neither witnesses anything other than the buyer’s promise to put some real money down if and when the seller agrees to sell. So, why not cut to the chase?

Instead of “receipting” for separate pieces of paper with the buyer’s promise to put down some real money (which is all a check or note is), why not skip the receipt part and just have the buyer promise to put down the money as part of their offer? That way the brokerage doesn’t have to worry about holding checks or redeeming notes. Better yet, the time and manner of depositing the earnest money would be more flexible. In the age of short sales and REOs, flexible would be a very good thing. As a bonus you’d get the agents out of the parties’ contract and let them conduct their business with their own client in private as they and the client see fit.

An earnest money clause in a contract that simply says the buyer agrees to deposit


The Importance of Being Earnest . . . continued from page 6.

the earnest money in a certain place at a certain time would do the same thing as receipting for a check or note that is later cashed or redeemed. Once the contractual promise becomes due, the buyer can pay the money to the place designated as they see fit. If that means giving their agent a check, fine. The agent gives their client a receipt. If that means the buyer mailing a check to escrow, fine. How the money gets to where the buyer agreed to put it is up to

the buyer. How much, where to put it and when are what the buyer and seller agree on in their contract.

I know that at this point many of the old hands out there are mortified at what I’m saying. The reason for that mortification is no doubt the belief that the buyer will not do as they promise. That’s all about the process. Process is easy once you realize that until real money is on deposit somewhere, all the seller ever has is the

buyer’s promise. Sure, a good earnest money clause would contain a seller notification of deposit clause. Sure, non-deposit would be default under the contract. But here is the bottom line: Until real money gets deposited somewhere, all you ever have is the buyer’s promise. If you are going to rely on promises for earnest money, why not do it in a way that increases deal flexibility and minimizes agent involvement? ■

buying a house can be an overwhelming experience for both the buyer and the seller. During this exciting time there are many issues that both parties need to be aware of, and one of those issues is radon gas.

Radon is a naturally occurring radioactive gas that forms from the breakdown of uranium in rock, soil, and water. Radon is odorless, tasteless and colorless. Radon typically seeps from the soil and into a home through small cracks in the foundation. The only way to know if a home has a radon problem is to test it.

The United States Environmental Protection Agency (EPA) estimates that over 20,000 lung cancer deaths in the United States are attributable to radon. Radon is the second leading cause of lung cancer next to cigarette smoking and is the leading cause of lung cancer in non-smokers.

E N V I R O N M E N TA L U P D AT E

Radon not Limited to Basements

A popular misconception is that radon is only a problem in homes with basements. In actuality any construction type can have a radon problem. This includes homes with crawl-spaces or with slab-on-grade construction. Slight pressure differences between the house and the surrounding soil allow the home to act as a vacuum and draw radon inside. Radon is usually pulled into the home through small cracks and gaps in the foundation or floor.

Testing for radon is easy and inexpensive. Test kits can be purchased off the shelf at local hardware stores or online and cost anywhere from $10 to $40. Radon tests can be broken down into two categories, short-term and long-term. Short-term tests need to be in place for a minimum of two days and up to 90 days. This is the fastest way to test a home for radon. Long-term tests need to be in place for a minimum of 91 days and up to a year. Continued on page 14.


Portland REALTOR® Mehrwein takes2010 oregon REAlToRS® President Alan Mehrwein assumed office on November 17, immediately following the adjournment of the National Association’s 2009 convention. Mehrwein is a principal broker with RE/MAX

Equity Group in Portland. He served as the 2002 President for the Portland Metropolitan Association of REAlToRS® and was the 1998 chairman of the Regional Multiple listing Service (RMlS). licensed since 1982, Mehrwein began his real estate career in the San francisco area. He has worked for what is now RE/MAX Equity Group in Portland since 1998.

Although President Mehrwein has served the oregon Association in a number of capacities over the years, yet many members may not know him well. The oREGoN REAlToR® had the opportunity to speak with Alan after he took office and to provide our members with the chance to know him better. Here is what he had to say.

QThe last couple of years have been tough for real estate professionals in Oregon and across the country. In light of recent market trends, what

do you see as the major issues facing the Association and the real estate industry today and over the next few years?

A To thrive in today’s market and new economy, REALTORS® may have to make some adjustments to how they have been doing

business. They should consider looking at busier market segments within their area that are now more productive, this could include a different part of town or first time homebuyers, distressed properties and other segments of the market that are currently more productive. The REALTOR® Association will play a role in this by offering education that will best prepare its members to do business in these areas.

QWhat are the strengths of the REALTOR® organization that will help deal with these issues and move into the future?

AThe REALTOR® organization has three levels of service with local, state and national associations. From NAR the Right Tools,

Right Now program has been extended through 2010 by NAR’s Executive Leadership Team. There are seminars, webinars, systems and materials galore for REALTORS® to use to help them increase their knowledge and skill levels. With the recent extension and expansion of federal tax credits there are wonderful opportunities for Oregon REALTORS® to “talk it up” with our consumers and get some business going. Our local and state associations play a vital role as they are often the delivery mechanism for the many education programs, systems and materials that REALTORS® use. These great systems, materials and classes are there; our members just need to make them a part of their business. I would urge REALTORS® to get involved in their association, whether local, state or national; it is a great way to expand your knowledge and/or referral base.RE/MAX broker Russ Newcomer (left) and oregon REAlToRS® past

presidentlee Dunn give their thumbs-up to the new president.


the Association’s Helm in Uncertain Times

QWhat is your vision for the Oregon Association of REALTORS® and what skills, abilities and strengths do you posses to move your vision forward?

AMy vision for the Association is to provide cost effective member benefits so Oregon REALTORS® can do their business in a profitable and professional

manner. We have a Strategic Plan for 2010 that follows that theme and it has a business plan component that directs us to provide quality services and benefits to our members. My leadership abilities will be used to keep the organization’s focus on that plan.

QWhat will be your greatest challenge as president?

AThere are many issues for the Association and its members in 2010 and what I expect to do is be able to look back at the end of the year and say we

accomplished many great things. We’re already working on some pretty important issues and projects (not waiting until after the first of the year by any means). Nothing to report yet but I am pleased with the work product to date. There will be communication to our members when appropriate and necessary or when new projects are completed. My appreciation goes out to the many REALTOR® members who are volunteering their time and of course our Association staff in working on these projects on your behalf.

QAre there great leaders in history or people you have known in your lifetime who have served as role models or examples for you?

A I have learned a lot about leadership over the many years in this business and to me it all really boils down to listening, understanding, decision making and then

communicating. I have learned a great deal by watching many association leaders of the past and have “borrowed” many of their traits (hopefully the best ones). Did you know that when you borrow from many it is considered research and not stealing?

QWhy do you think, Alan, that you are the right person to serve as Oregon REALTORS® president in 2010?

AI’m the right person at this time as I am very knowledgeable and experienced in all aspects of the REALTOR® Association business as well as the real

estate brokerage business and I have the desire to serve the members of this industry with a “what’s good for the business and REALTOR®” attitude. I aspire to take my job very seriously, but not myself too seriously”.

QDo you have any final thoughts?

AYou choose your attitude many times during the day. So I say . . . “It’s a great day to be in the real estate business!” ■

below: President Mehrwein’s colleagues (obviously) enjoying his installation party.


G O V E R N M E N T A F FA I R S

2010 Advocacy Strategy Needs your InputYou may have heard the saying that to know where you’re going, you need to understand where you have been. As we develop a strategy for our advocacy efforts in 2010, it’s important to review what was accomplished in 2009. In what many veteran lobbyists describe as the most difficult legislative session in memory, the entire REAlToR® agenda was successfully passed in a bipartisan manner. Declining revenue due to oregon’s high unemployment created significant budget constraints as the session began last January.

Former Governor Vic Atiyeh was invited to testify and share with legislative leadership the solutions that were forwarded during Oregon’s comparable budget crisis of the early 1980s. He spoke to the temporary tax surcharges imposed on all Oregon taxpayers that a bipartisan group crafted to avoid severe budget cuts when Oregonians needed help the most. Representatives of most of the business community began meeting with legislative leadership to assess the depth of the crisis and began proposing a variety of solutions. It was widely accepted that modest increases to the corporate minimum tax was one of the likely solutions in that the $10 minimum had not been increased since the early 1930s.

What we didn’t expect was what we got. Proposals forwarded in the final

days of the legislative session which had not been reviewed by business representatives permanently revise how Oregon businesses and individuals are taxed. Regardless of how you feel about these tax increases, you should know that the business community was not asked to be included in the final solution.

Permanent increases to the personal and corporate tax rate; increases to the corporate minimum for S Corps and LLCs, and a new form of gross receipts taxation for C Corps that penalizes unprofitable businesses up to $100,000 annually was the final package.

As these proposals were being forwarded for legislative approval, the business community began meeting to determine a course of action. The almost unanimous decision was made to refer these proposals to Oregonians; the referral efforts yielded nearly twice the needed signatures in less than 60-days. Ballots for Measures 66 and 67 will be mailed to you on January 7th for the election on January 26th. REALTORS® have been part of this effort from the beginning and we have helped both to gather signatures and financially support this campaign effort.

The debate for REALTORS® and Oregonians in general, isn’t about pitting schools against wealthy corporations and individuals. It is instead about decisions in difficult times that will affect the future

Continued on page 15.

Jana JarvisV.P. Public Policy


I N T E R N AT I O N A L

fIAbcI, a french acronym for the International Real Estate federation (la Fédération Internationale des Administrateurs de Biens, Conseils et Agents Immobiliers), has been on the forefront of international real estate for decades. With more than 3,300 members in over 65 countries, it is the only international real estate organization representing the entire spectrum of the real estate industry. based in Paris, it has chapters in countries around the globe - including a fIAbcI-uSA chapter.

FIABCI Equals 60 Years of Global Real Estateby Steve Strode, ABR e-PRO TRC,

Who joins FIABCI?FIABCI represents all real estate

disciplines:•brokerage•propertymanagement•valuation/appraisal•propertydevelopmentandconsulting• lawyers• insurers•architects•urbanplanners

What does FIABCI do?We’ve all heard it said, “It’s not only

what you know, but who you know.” Through a variety of opportunities, FIABCI enables a member to add an international dimension to their business, acquire knowledge, and develop networks and business all over the world:

• InternationalCongresses•Globaldirectorylisting,bothinprint

and an online searchable database•SpecialannualVIPreceptionatthe United Nations•Monthlyconferencecallsona variety of topics (e.g. commercial, luxury properties)•Broadcastemailtoconnectto

members worldwide•Trademissions•Springandfallbusinessmeetings•Customizedmarketingpieces•Proxio-aninternationalMLS

Business MeetingsTwo national business meeting are

held annually. The spring meeting is in the Washington D.C. area, and the fall Continued on page 14.

location varies (fall 2010 will be Seattle). I recently attended the fall business meetings in Denver last September. The meetings serve several purposes: 1) to conduct the administrative and committee business of the FIABCI-USA chapter, 2) to provide educational sessions that relate international real estate to our local business practice, and 3) to offer marketing sessions in which each member may present to the entire group.

There are also global Congresses held internationally, and a variety of Expos in which FIABCI is a key participant.

United NationsFIABCI maintains a Special

Consultative Status with the Economic and Social Council of the UN. It is the top ranking of any non-governmental organization. FIABCI meets annually at the UN for a special private reception, lecture and tour. On October 22nd, we met with Michael Buckley, Executive Director of the Center for High Density Development at Columbia, who spoke on “Seven Transition Waves in the Midst of the Crisis.” He provided great information that I can relate to my business here in Portland. Following our talk, we toured the United Nations and learned first-hand about a number of ongoing initiatives.


2 0 0 9 l o c A l b o A R D / A S S o c I A T I o N

REALTORS® of the YEAR

Howard Britton Baker County Board

Al Eastwood Central Oregon Association

Desiree Johnson Central Oregon Coast Board

Victor KeeClatsop Association

Patsy KeimigColumbia Basin Board

Jayne SawyerColumbia County Board

Don OsseyCommercial Association

Lisa HigbeeCoos County Board

Valerie NashCottage Grove Board

Skip WatwoodCurry County Board

Linda Jacobson Douglas County Board

Craig Fahner East Metro Association


boardman REAlToR® Art Kegler was honored as the oregon Association’s 2009 REAlToR® of the Year at the Association’s 2009 fall governance meetings in Salem in october.

Art began his real estate career in 1990 in Sunriver and started American West Properties in boardman in 1994. His company now has three offices in eastern oregon. Art has served as the president of the columbia basin board of REAlToRS® twice which led to his involvement with the oregon Association of REAlToRS®. He served as the Association’s 2007 President and is the current chairman of the oregon Real Estate board.

A graduate of the university of oregon, Art and his wife Rose have four children and eight grandchildren.

When not at his desk Art enjoys outside activities such as skiing, golfing, hunting and fishing in addition to tooling around in his 1921 Dodge brothers Touring car. In the past he enjoyed flying his own plane.

2009 State Honor Goes to Art Kegler


2 0 0 9 l o c A l b o A R D / A S S o c I A T I o N

REALTORS® of the YEAR

Daren Roberts Springfield Board

John HoopsEugene Association

Nancy HodgsonGrants Pass Association

Jerrie ReddellKlamath County Association

Janis NeigebauerLincoln County Board

Bonnie SaxtonLincoln County Board

Donna MurdockMalheur County Board

Sue GuentherMid-Columbia Association

Terry Williams North Willamette Association

Amber ArchibaldPolk County Association

Jenny MilliganPortland Metro Association

Krista Bolf Rogue Valley Association

Peggy LeGrande Salem Association

Wendi MelcherSantiam Board

Carolyn Decker Tillamook County Board

Marsha MorganUmatilla County Board

Kent Coppinger Union County Board

Linda LongWillamette Association

Congratulations!



A long-term test is more likely to give the home’s year-round average radon concentration, as radon levels fluctuate throughout the day and throughout the seasons. According to EPA guidelines, test kits should be placed in the lowest level of the home that can be used regularly, whether it is finished or unfinished. Radon measurement professionals are also available to test homes, many of which have continuous radon monitors. These monitors are very accurate, and are the fastest and most accurate way to get radon results for a home.

Many home inspection companies are now offering radon testing along with their other services. If elevated radon levels are discovered, the costs of mitigating the problem can be worked out between the buyer and seller.

It is important to know that homes with elevated radon levels can be fixed. With proper venting techniques, radon mitigation companies can significantly reduce radon levels. Every house is different, but the typical cost of installing a radon mitigation system is around $2,000.

New homes can be built using Radon Resistant New Construction (RRNC) techniques to limit the amount of radon

entering home. The cost of incorporating RRNC techniques during the construction of a home is much less than the cost to install a system to an existing structure.

For additional information on Radon visit www.healthoregon.org/radon or call the Oregon Department of Human Services’ Radon Program at (971) 673-0440. ■

Radon not Limited to Basements . . . continued from page 7.

LocallyI am a member of a newly formed Pacific Northwest Council

of FIABCI. We have several members in Oregon and additional members in Seattle; currently, we meet in Seattle every six weeks or so to share ideas, invite guest speakers, and network. As more members join in Oregon, we will be able to meet locally as well.

What FIABCI has done for my business?My first international business trip was to Nicaragua. A real

estate broker and developer based in Managua contacted me about forming a business relationship. As any professional would, I wanted to get acclimated and learn about real estate practices first-hand. So I toured the Pacific coast, visited a multitude of developments and land tracts, met other ex-pats, and developed a solid feel for what areas my sphere might like the most. I have stayed in touch with many of the people I met, and now consider myself well-versed in the region. Since then, I have formed excellent connections in Costa Rica, Panama, and Belize; my next trip will be in January to Nicaragua and Costa Rica. Just as it takes time to cultivate relationships locally, it takes time (and money) to cultivate internationally. Locally, I have been helping people in my sphere who aspire to relocating, starting a business, or investing in property in Central America and Mexico.

As the world has become more global, I appreciate that I can be both an expert in local real estate, and a valuable resource to friends, family, and sphere looking to buy or sell beyond our borders.

Steve is a broker with Meadows Group Inc., REALTORS®, in Portland and may be reached at [email protected].

For information on membership and joining, contact FIABCI-USA, 703-524-4279; [email protected]; www.fiabci-usa.com. ■

FIABCI Equals 60 Years of Global Real Estate . . . continued from page 11.


2010 Advocacy Strategy Needs your Input . . . continued from page 10.

CCA Chemo Pals join the Oregon REALTORS® for a night at the Blazers

of our state. Will we continue to grow our public sector at the expense of private employment? Will we send a message to business investors that Oregon is a smart decision in spite of a tax structure that penalizes the start-up risk? How will the lack of jobs and new businesses affect the real estate industry? Economists predict these increases could cost up to 70,000 additional private sector jobs in addition to the 130,000+ that have been lost since the start of 2007. These tax increases won’t be born only by the wealthy and corporations – these tax increases will manifest themselves in reduced salaries and benefits, higher prices, reduced employment and lower stock and dividend returns for investors.

Regardless of the outcome of the January election, the special session scheduled for February 2010 promises to be challenging. In addition to budget discussions there

are several issues that we opposed and some we compromised on during the 2009 session that are back for further discussion. This is despite promises that this special session would contain no controversial topics within the constraints of a shortened, four-week time frame for these broad policy discussions. Watch for updates and potential Calls to Action if these issues gather momentum. Hopefully our focus during the interim on a number of workgroups related to these topics as well as legislation that was passed will serve to avert most of these issues for the time being.

We also are beginning the planning for our Legislative Conference this coming April in Salem. We will begin soliciting topics for discussion from local boards/associations and individuals after the first of the year. We plan to return to a one-day

format and your input and participation is vital. Just as the 600+ attendees at REALTOR® Day at the Capitol made all of the difference in accomplishing our legislative agenda this past year, wide participation from around the state will help to guide the development of our legislative agenda as we anticipate changes in our industry and challenges in our state.

Watch for notices of the upcoming Legislative Conference and mark the time out on your calendar early to ensure your participation. As Robert Kennedy once said, “All of us might wish at times that we lived in a more tranquil world, but we don’t. And if our times are perplexing so are they challenging and filled with opportunity.” There is no time like the present to get involved in your association. The opportunities are out there so get involved and make a difference! ■

Happy Holidays

on Saturday night, November 21, six children from the children’s cancer Association chemo Pals program got to attend the Portland Trail blazers Game (blazers versus the Minnesota Timberwolves), sponsored by the oregon Association of REAlToRS®. The Association’s Special Events chairman craig fahner arranged the courtside Kids outing with the Portland Trailblazers and a representative from the ccA chemo Pals program.

Children attending the game were joined either by a family member or a Chemo Pal. The Courtside Kids and their Chemo Pal

REAlToRS®, chemo pals and their mentors gathered at the pre-game dinner before the blazers beat the Timberwolves.

mentors joined REALTORS® attending the game at a hamburger and hotdog dinner before the game.

The Oregon REALTORS® special events group, a subcommittee of the Professional Development Committee, hopes to make this event an annual outing and increase the number of kids we’re able to sponsor at the game. Watch for information on the 2010 Night at the Trailblazers date!

The Chemo Pal® Mentor program for children and teens is designed to break through the isolation, chaos and loneliness of chemotherapy and other cancer treatments by providing trusted, dependable, and carefully matched mentors. ■

OREGON ASSOCIATION OF REALTORS®

from all of us at the


Thanks the following members fred AdamsWendy AdkissonJudy AdlerKyle AhrbergMichael AidSydne AndersonMaryAnn ArminioMatthew Arndtcurt ArthurMel AtkinsRichard bagdonasJudith baker-TilleyRex ballengerJerry ballingercynthia balzolaTheodore bankebill barrycatherine bassittTroy batsonleslie beckDava behrenschris bellGene benningtonbarbara berensonAndrew berlinbergDan berreyJ. Robert billsTerry blackwellSteve blantoncraig blazinskicynthia bolducKrista bolfcarolyn bostwickElliott braatenRobert braudHarold briceGreg broderickJoyce broderickcharles c. brownThomas brownJohn bungoDeli busherbill bushlencolin callWilma caplanJan caplenerlarry carpenterJulia carverTiny caudellMarlene clarkMike coccioloStuart conserKevin costelloKathleen covertbruce cuffSusan curthsHaley Dahlquist

Charter Golden R MembersJohn bakerDavid HemenwayPat Kaplan

Golden R MembersRick Harris

Crystal R Memberscarolyn Dozois

Sterling R MembersSteven AndersonJana bader JarvisStacey boals brenda bonebrakeAndrea bushnelllee Dunnbyron HendricksDavid KochAlan MehrweinDon NunamakerGeorge PerkinsPaul TuttleDannie Walkerbernard YoungJohn Zupan

OREGON’S VITAL INVESTORS Golden Pioneer Club Members $750 and upSteven AndersonJohn bakerStacey boalsbrenda bonebrakecarolyn DozoisRick HarrisDavid Hemenwaybyron HendricksDavid KochAlan MehrweinDon NunamakerGeorge PerkinsPaul TuttleDannie Walkerbernard YoungJohn Zupan

Capitol Dome Club Members $500-$749brian carlsonDiana GaydonShaun Jillionsbob laueDebi laueMalcolm McIverbarbara Pulverfrank PulverDeborah Weaver

Capitol Rotunda Club Members $250-$499Vicki Arnoldlynn bellKaren blairDoris cherachankocheryle clunesJan cullivanlee DunnMarcy EasthamRoger EricksonGail fisherlarry frankDouglas freemanlester friedmanTom GreeneEdward Hegelecarlene HesterJim HomolkaJohn Hoopsbob JeansArthur KeglerSue longRobert McclungJeanette McVaybarbara Myersbeverly NealRuss NewcomerSuzanne o’Hallorancindy ojaNancy PerkinsDebbie Pricecraig RegerEva Sanderslori TydemanJim WelshGary WhistlerJames Wilcoxlantes Zoeller

Foundation Club Members $100-$249

The OReGON ASSOCIATION OF ReALTORS ®

Congratulations

to the RPAC

Hall of Fame Members!

The following members have achieved an aggregate

lifetime total of contributing over $25,000 to RPAc!

John BakerDavid hemenway

Rick harris

FOR SUPPORTING RPAC & THE REAL ESTATE INDUSTRY

dId You Know?the State of Oregon offers a dollar-for-dollar tax credit for your $50 investment in the REALTOR® PAC ($100 for joint filers). That means if you invest $50, you get that $50 back from the state.


David DaviesAurelia DavisMarnie DaynesGwen DeGrooteDiane DeMiccoMargaret Deveraux Kathleen DewoinaVicki Dicklee DockenDeana DoneyWilliam DonovanWilliam DuboisPat EarpAl EastwoodMaria Eatonlois Ebellee EckrothSandra EdwardsResha EllingsonRoger ElliottStan ElliottDonna EricksonJon Eschrichcraig fahnerDean failorDebra fastGary fiskWilliam fornasJames foxJoseph foxJerry franklinSara fraserJames frickPatti GageJohn Gallawaylucille GastaldiRandy GerlachMichelle GescherJim GibbonsDebra GisrielJay GordonEldon GossettMichael Graeperorrin GranlundSue GravesBrad GriffinDeeann GrimesGreg GysinRichard HadleyGregory Halllawrence HallKevin HalliganNancy HambyJoann HansenArtie HarlowErick HarpolePeter Harrislinda Hartnessloyd HastingsScott Hawes

Jackie Hawkslarry HeaterKim Heddingerbill HesterJo Hiattbrenda Hickslisa Higbeelarry Hinkconnie Hinsdalebrendon HirschbergShannon HirschbergAmy HoffmanVeta HolscherDan HolubMichael Hooverbob HoustonJulie HuffNeal HughesValerie HunterJean IceTom InglesbySara IrvingVikki IversonElizabeth Jacksoncheryl JenisonMary Jane JeppesenGregory JohnsonJessica JohnstonJohn JonesMargie JonesTimothy JonesSarah JuddKorrina JungeDebbie KaneKelly KellerMarcia KiesSara KileyNancy Kimcindy KimballGay KleinJoni Knightbetty KorfhageKit KorishMichael KozakJordan Kramercliff KuhlmanEric KvernlandAudra la faveSarah labrasseurMaria laracheri larsonWilliam laughlinbob lefeberPeggy leGrandeMary lehouillerScott lepmanNathan levinRob levyJoelle lewislinda long

linda longSteve lucasJohn ludlowMartin lundstromDarla MaddaloneJohn MafriciJennifer MartinShane MayPamela Mayo PhillipsShannon Mccabelannie McclureDon Mccrediebill McEnanyMelissa McGuireJoanne McKeeDeborah McMillanSusan McMurdoMark MeekPer MellebergDonna Jo MerrifieldElmina MikeJudy MillerJenny MilliganJulie MoeJoy MoranPat MorenoKurt MuellerPamela Muglestoncolin MullaneDaniel MuroJames MusgroveKate Myerscheryl NeuGayle NicholsonVic NiiyaDebra Nolenlinda NorrisRonald o’KeefePatrick oliverPat olsonGretchen PalmerRonald PeddicordEdward PetrossianDelbert PhelpsNancy PoppTemara PresleyRonda Prewittlloyd PruittRandy PurdyJohn QualmanKathy QuerinDennis QuickPaul RaineyKaren RaminhaTammy RardinRich RaynorGary RazeMike ReedKevin ReedRod Renwick

Maxine Ribera-cardAmy RichMark RiegerJack RinnAnita RisbergMiguel RivasJaqui RobbinsKelly RobetsGary RodgersMarjorie Roffcherie RubensteinMaria SabatinoRichard SageTim SappNancy SatoJohn Schiavoneceleste SchmordePatti SchnurPeter SekermestrovichMary ShannonRandy ShawPhilip ShelleyStephen ShielsRichard ShoreyGloria ShumanAndrew SilvaKevin SimrinWilliam SkillernDavid SlyStephen SmileyJodie SmithRory SmithWilliam SmithJudy SmytheGordy SnyderPaul SognEdith SorensonRichard Sorricfrederic SperryJohn SpitzerSusie SprattNed StaffordJerome StahlDenise Standleybill Stansellbob StaplesJeremy StarrVirginia Stenslandcerise Stephensleslie StewartRod Strand

bob SuttonEvan SwansonDavid TangvaldJohn TateRella TaylorJune Taylorlorena TeerMarti TempletonMichael TharpR. Todd TheissJudy ThomasJudy ThorgeirssonDavid TimmePam TowersHuy TranPaul TydemanTed urtonJohn Van looAndy VanlaereKathryn VaughanNancy VenutiScott VollstedtRyan Von Kleinfrank vonHechtDavid WaldoWard WalkerWesley WaltonTeresa WardEden WarneJayne WarrenerDick Webbcathy Wentworthlinda Westphalcindy WhippleRosemary WhitakerJohn WhiteGary WhitingJames WhitneyDon WilfongWilliam WillisPamela WindomJeffry WirenDarlene WittenbergDiana WoodwardJoAnne WorleyMarjory WrightsonDianne YakeJeffry YakeTola YoungShauna Zinn

An Investment in RPAC is an Investment in YOUEvery RPAC dollar is used for three simple reasons:

• Protectpropertyrightsandthebusinessofrealestate• EducateelectedofficialsaboutissuesaffectingREALTORS®

• Supportcandidatesofthe“REALTOR® Party” — those who support the real estate industry

Invest today at www.investinREALToRPAC.com


Question: I represent the seller in a transaction with a binding contract in place. Although the buyer is attempting to obtain financing they haven’t been able to close. The seller already agreed to one extension. We are past the agreed-upon closing date and the seller no longer wants to allow another extension. The buyer believes they have made a good faith effort to obtain financing so the seller has an obligation to continue. Since it is my listing, I feel an obligatory duty to get a release of sale and get the property back on the market. The buyer still doesn’t have loan approval. Does the seller have to continue on with the transaction?

Answer: The seller has no “obligation” to continue indefinitely, but their failure to enforce the closing date has probably waived the “time is of the essence” clause in the sale agreement. That means the safest course for the seller is either to get another extension by mutual agreement and then enforce that new date or notify the buyer that they now intend to enforce the existing closing date and give the buyer a reasonable time in which to perform. What is a reasonable time depends on the circumstances, most particularly the reason the closing date was not enforced and what was said between the parties and the brokers. If the buyer told the seller, “I can’t close as agreed but only need a few more days”, a few days past notice of intent to enforce the closing date would probably be reasonable. If some other problem with closing was related to the seller and they tolerated the buyer not closing, that other problem must be considered when determining what is a reasonable time past the notice of intent to enforce.

Since you are past the closing date and the seller did not demand performance and instead allowed the buyer to believe you would still accept their performance (which appears to be what happened), then you have waived the “time is of the essence” clause in the contract. It’s sort of like accepting late rent from a tenant. To make the closing date a material part of the contract again, you must give the buyer notice of that intent and a reasonable time to perform. Offering another extension doesn’t do that, by itself, but if agreed to puts you back on track in the sense that you would now have a definite material date again that could be enforced if missed. If the

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The modern era of globalization began after World War II through growing political and economic alliances. Six decades later nearly one-third of all REALTORS® have completed international real estate transactions involving a seller, buyer and/or use of foreign lending. Although real property is stationary and localized, buyers, sellers and financing elements are often transitory. In 2004 Oregon welcomed 103,835 tourists, students and work-related im-migrants. There were 3,612 immigrants to Oregon who became U.S. Citizens that year. Ethnic and cultural diversity enriched our state with people from China, India, Mexico, Philippines, South Korea, Ukraine and Vietnam. In 2006, the Oregon Association of REALTORS® International Business Council established clear goals and guide-lines that mirror NAR-International

Operations. Today the Oregon Associa-tion of REALTORS® is the NAR-ap-pointed Ambassador association to the country of Vietnam and last year won the 2007 International Ambassador Associa-tion of the Year award. Our members have the benefit of learning more about real estate and business practices overseas and across borders, along with investment opportunities for clients right here in our own front yard. Through 2010 inbound migration is estimated to result in five million new households in the United States. The OAR-IBC is gearing-up to help brokers and other professionals identify ways to expand their business practices by reaching this growing market sector. ■

For more information on getting connected with the Oregon REALTORS® International Business Council, go to www.oregonrealtors.org/international or visit our blog: www.oregonrealtors.org/IBC/IBC_BLOG/ to view the latest posts.

BuildingOn WhatWe KnowJack R. ThomasChairman, OAR-IBC Advisory BoardCertifi ed International Property Specialist

G L O B A L V I E W

Spring 2008 | OREGON REALTOR | 19

Does the Seller have to Continue with this Transaction?

H O T L I N E H I G H L I G H T S

Jenny PakulaStaff Counsel

buyer won’t agree to an extension or termination, the seller must still give notice of their intent to enforce the existing terms and allow for a reasonable time for performance.

Reinstating a closing date that has been waived by inaction is a complicated legal issue because it depends on what is reasonable under the circumstances. Advise the seller to get legal advice if that is the course they want to pursue. If you can negotiate another extension, and then make sure your seller actually enforces it this time, that is the safest course. Termination by mutual agreement, if possible, would also solve the problem. In the future, advise your sellers never to allow a closing date to come and go without a written extension or notice that the seller will enforce the closing date. When it comes to closing dates, it is either enforce it on the scheduled closing date in the contract, or extend it in writing. We so affectionately refer to these issues as the “closing date death dance.” ■


Thank You . . .

In Your Neighborhood . . . Bringing Home a Strong Economy.

Oregon Members of the House who Cosponsored

“The Community Choice in Real Estate Act”

Congress has permanently ensured that local consumers will continue to have a choice in real estate by keeping banks from getting into real estate brokerage. This reinforces America’s tradition of keeping banking and commerce separate and keeps real estate markets competitive. Homebuyers and sellers can rest assured that they’ll continue to receive local, personalized service from their neighborhood real estate professionals.

REALTORS® thank you for protecting consumers and keeping the market competitive!

U.S. COngRESSMEn

Earl Blumenauer

Peter DeFazio

Greg Walden

David Wu

EvENTSCALENDAR

2010 AT-A-GLANCEJANUARY 14International Business Council Business Across Borders International Relocation Services from Start to FinishRMLS Board Room • Portland, ORwww.oregonrealtors.org

FEbRUARY 3-5Leadership Institute NorthwestSurfsand Resort • Cannon Beach, ORwww.oregonrealtors.org

MARCH 4-5 Region 12 Meetings coeur d’Alene, ID oregon REAlToRS® 800/252-9115

FEbRUARY 25Professional Standards AcademyPortland - TbA oregon REAlToRS® 800/252-9115

APRIL 7-9Leadership Institute NorthwestAlderbrook Resort • Union, WA

APRIL 13Legislative Conference & PAC AppreciationSalem (tentative)

APRIL 14-15Oregon REALTORS® Governance Meetings& DSA LuncheonSalem (tentative)oregon REAlToRS® 800/252-9115

APRIL 16-20NAR Association Executives InstituteQuebec, ontario312/329-8200

APRIL 27-30Oregon GRI (REALTOR® Institute)Courses 200 & 300Riverhouse • Bend, ORoregon REAlToRS® 800/252-9115

MAY 10-15 NAR Midyear Meeting Washington DcNAR 312/329-8200

MAY 20-21Accredited Buyer Representative (ABR) CoursePortland Metro Area

JUNE 9-11Leadership Institute NorthwestSkamania Lodge • Stevenson, WA

JUNE 9-10Oregon AE TrainingEagle Crest Resort • Redmond, OR

AUGUST 5-6NAR Leadership Summitchicago, IlNAR 312/329-8200

SEPTEMbER 12-18REALTOR® Safety Week

SEPTEMbER 16Taste of Portland – HOME Foundation FundraiserOregon Golf Club • West Linn, OR

OCTObER 13-14Oregon REALTORS® Governance Meetings& Installation ProgramSalem (tentative)oregon REAlToRS® 800/252-9115

NOVEMbER 4-8NAR Annual Convention New orleans, lANAR 321/329-8200

NOVEMbER 29-DECEMbER 2Oregon GRI (REALTOR® Institute)Sheraton Hotel Portland Airportoregon REAlToRS® 800/252-9115

Oregon REALTOR Magazine

Documents

Transcript of Oregon REALTOR Magazine