SPECIAL POINTS March - April 2012 OF INTEREST: President’s ... … · 10/03/2012  · With the...

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President’s Message SPECIAL POINTS OF INTEREST: Welcome New Members! 3 Early IRA Funding Can Pay Off Over Time 7 Housing Counseling Helps Hawaii Families Keep the Dream of Homeownership Alive 8 Hawaii Information Service On Tour 9 - 10 REGULAR FEATURES President’s Message 1 & 5 From The EO Desk 2 You Be The Judge 2 & 12 NAR 11 MLS Statistics 13 - 15 Committee News: Programs 4 Member Services 6 Government Affairs 12 26 Waianuenue Avenue, Hilo 96720 (P) 808-935-0827 ~ (F) 808-935-4924 [email protected] ~ www.hibr.org March - April 2012 Mahalo to our Sponsors! We Be Jammin’! That’s right! At HIR things are jam- ming! Our staff and volunteers have been busy bees and our com- mittees, programs, and events are moving and shaking right along toward our goal of taking things to a HIR level this year. But, this is just the beginning! With the first quarter wrapping up we want you to know that we will keep on jamming until the jam is through. Okay, like most kids who grew up here, it is painfully obvious that I have listened to way to much Bob Marley. However, much strength and wisdom can be found in his lyrics, even a song as simple as “We Be Jammin”. I take the lyrics to mean the even though we’ve hit a groove and things are moving to a cadence, we must continue on our journey and see our missions through to the end. As your 2012 HIR President, part of my goal is to help assist and facilitate all our committees in making their goals a reality. Of course, being goal oriented doesn’t mean that you don’t get to have any fun along the way! One very fun thing that is happening soon is that April is Fair Housing Month! On April 23, we will be hosting our annual Fair Housing Workshop in Hilo at the Office of Aging. A CE class with be offered, educational workshops will be held, and staff from state and national programs will be in attendance. Please join us! And be sure to invite your clients as well! Then, on April 27 th , we will be holding our Kona Tradeshow at the Old Airport Pavilion. With a CE class, some great vendors, drinks and pupus it’s guaranteed to be a fun event that will keep you on the beat toward completing your 20 hours of continuing education credits. There will be a sports theme so make sure you dress up as your favorite athlete or an over enthusiastic sports fan! (Continued on Page 5)

Transcript of SPECIAL POINTS March - April 2012 OF INTEREST: President’s ... … · 10/03/2012  · With the...

Page 1: SPECIAL POINTS March - April 2012 OF INTEREST: President’s ... … · 10/03/2012  · With the help of Helene Tajiri, the GAC is building a Political Coordinator Program that will

President’s Message SPECIAL POINTS OF INTEREST:

Welcome New Members! 3

Early IRA Funding Can Pay Off Over Time 7

Housing Counseling Helps Hawaii Families Keep the Dream of Homeownership Alive 8

Hawaii Information Service On Tour 9 - 10

R E G U L A R

F E A T U R E S

President’s Message 1 & 5

From The EO Desk 2

You Be The Judge 2 & 12

NAR 11

MLS Statistics 13 - 15 Committee News: Programs 4

Member Services 6

Government Affairs 12

26 Waianuenue Avenue, Hilo 96720 (P) 808-935-0827 ~ (F) 808-935-4924

[email protected] ~ www.hibr.org

March - April 2012

Mahalo to our Sponsors!

We Be Jammin’!

That’s right! At HIR things are jam-ming! Our staff and volunteers have been busy bees and our com-mittees, programs, and events are

moving and shaking right along toward our goal of taking things to a HIR level this year. But, this is just the beginning! With the first quarter wrapping up we want you to know that we will keep on jamming until the jam is through.

Okay, like most kids who grew up here, it is painfully obvious that I have listened to way to much Bob Marley. However, much strength and wisdom can be found in his lyrics, even a song as simple as “We Be Jammin”. I take the lyrics to mean the even though we’ve hit a groove and things are moving to a cadence, we must continue on our journey and see our missions through to the end. As your 2012 HIR President, part of my goal is to help assist and

facilitate all our committees in making their goals a reality. Of course, being goal oriented doesn’t mean that you don’t get to have any fun along the way!

One very fun thing that is happening soon is that April is Fair Housing Month! On April 23, we will be hosting our annual Fair Housing Workshop in Hilo at the Office of Aging. A CE class with be offered, educational workshops will be held, and staff from state and national programs will be in attendance. Please join us! And be sure to invite your clients as well!

Then, on April 27th, we will be holding our Kona Tradeshow at the Old Airport Pavilion. With a CE class, some great vendors, drinks and pupus it’s guaranteed to be a fun event that will keep you on the beat toward completing your 20 hours of continuing education credits. There will be a sports theme so make sure you dress up as your favorite athlete or an over enthusiastic sports fan!

(Continued on Page 5)

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From the EO desk...

H A W A I ’ I I S L A N D R E A L T O R S ®

by Jackie Parkinson

Taxes - it is that time again. A good time to reflect on why we pay taxes, what tax exemptions we use and how we would like to see our tax money spent. Congress and the administration continue to argue over how to achieve prosperity in our nation. Is home ownership important? Should mortgage interest deductions continue? Can we have home ownership without Fanny and Freddie? What about FHA? Do we believe in national flood insurance? How about VA loans? In the meantime, our state and county representatives struggle with the same thing. Do

we continue to provide insurance for structures in lava zones? Do we provide water to subdivisions created without county water? Do we impose impact fees for all new building permits? Do we support agricultural development? Do we continue to allow associations to charge whatever fees they want? Do you care? I hope so. There has never been a time where home ownership has been faced with such challenges. Your Government Affairs Committee (GAC) is grappling with these and many, many, more challenges that are occurring almost daily. With the help of Helene Tajiri, the GAC is building a Political Coordinator Program that will keep us in touch with the decision makers. Former Hawaii county and state representative, and Helene's husband, Harvey Tajiri, will be speaking at the next GAC meeting, April 12, at noon. Mr. Tajiri will be speaking about the importance of relationship building and communication. These two goals are critical to our effectiveness in influencing decisions. So, as you prepare

your 2012 taxes, consider coming down and hearing how you can be a part of making the decisions. If you cannot make this meeting, you are still welcome to participate – either come to the GAC meetings or contact Helene directly.

Respondent represented a buyer in a transaction involving the sale of a home. The transaction involved the execution of a leaseback rental agreement between the buyer and the seller. The agreement allowed the seller to rent the house back from the buyer for about three months after the sale closed. The rental agreement read, “Since there is no security deposit for the three month rent back the Seller’s agent agrees to be responsible for making sure the

house is properly cleaned upon Seller’s departure and no harm has come to the property.” The Seller is believed to have crossed out the words “and no harm has come to the property” before initialing and signing the rental agreement. The change was not acknowledged thereafter in any writing. The buyer asserts she was unaware of the seller’s modification of the rental agreement until about six months later, when the seller’s agent produced the modified version in mediation over the condition in which the home was left when the seller vacated it. The buyer asserted she was surprised to see the modified rental agreement and that she never saw, reviewed, or approved the modified version at closing or at any other time. Respondent asserted that she verbally informed the buyer of the modified rental agreement and that the buyer acknowledged the information prior to the closing date. Respondent further asserted that, because of her health at that time and the rapidly approaching closing date, there was no opportunity to have the buyer acknowledge the modification in writing before the transaction closed.

(Answer on Page 12)

YOU BE THE JUDGE…

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REALTORS®

Takeshi Akatsuka Yamanaka Enterprises, Inc.

Jerry Chang Koa Real Estate

Kimberly Griffin Clark Realty Corp.—Kona

Molly Harris MacArthur & Co. Sotheby’s Int.

Renee Higgins MacArthur & Co. Sotheby’s Int.

Linda Kelly Hawaii Realty Brokers & Assoc.

Kymberley McKenna Clark Realty Corp.—Keauhou

La’i Mitchell Windermere/C&H Prop.– Waimea

Leilani Obenchain Jordan Prop. Management & Sales

Ululani Poepoe Clark Realty Corp.—Hilo

Lowrey Power Windermere/C&H Properties—Kona

Karen Slater-Parker Lava Rock Realty

Nick Smith Kohala Resort Realty, LLC

David Swanson MacArthur & Co. Sotheby’s Int.

Affiliates

VA Mortgage Center of Hawaii

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H A W A I I I S L A N D R E A L T O R S ®

General Membership Meeting

Friday, May 4, 2012

DHHL Kuhio Hale, Waimea

(64‐756 Mamalahoa Highway)

Early Bird Special (pay by April 20, 2012):

$40.00

Regular Price: $50.00

Kona Tradeshow

Friday, April 27, 2012

Old Kona Airport Pavilion

(75‐5530 Kuakini Highway—North End)

Early Bird Special (pay by April 6, 2012):

$20—Tradeshow/Pau Hana

$40—CE Class and Tradeshow/Pau Hana

Regular Price:

$30—Tradeshow/Pau Hana

$50—CE Class and Tradeshow/Pau Hana

CE Class

12:30 to 3:45 p.m.

(registration 12:00)

Tradeshow/Pau Hana

4:00 to 6:00 p.m.

Bring a Food item and

ENTER TO WIN

drawing from Event Sponsor

Title Guaranty!

Continuing Education:

“Title Insurance and

Title Report Red Flags” (Approved for 3 Elective CE Credits)

Instructor: Suzette Nasser, Senior Title

Officer and Vice President of Training

of Title Guaranty

Bring a Food item and

ENTER TO WIN

drawing from Event Sponsor

Homes & Land Hawaii, The Big Island!

Schedule:

9:30 am—Registration and Networking

10:00 am to 12:00 pm—

New Purchase Contract Training

Lunch and Guest Speaker,

Former Governor Linda Lingle

Membership Meeting & Committee

reports to follow

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I can promise you that your favorite roller derby girl will be in attendance.

On May 4th, we’ll be holding our second GMM in Waimea and we are very excited. We are pleased to announce that we will be having training on the new Purchase Contract. This document has undergone some major revisions and the rhythm that you’ve established when reviewing it with clients is sure to be disrupted. But, after attending this training you’ll be right back into a groove and back to servicing your clients with the highest standard of care! Also, I am very pleased to announce that our speaker for this GMM will be former Governor and current Senatorial candidate, Linda Lingle!

All of these events and services are planned in the spirit of satisfying the educational and business needs of our members. Identifying those needs, however, can be a challenge at times. Our Member Services Committee is working on finalizing our 2012 Member Survey. Please keep an eye out for this important survey in your email and take the time to complete it. This survey is one valuable tool that committees use to determine our members’ wants and needs are. So, if you love a service that we provide, and find that it’s helping your jam right along in your business, please let us know! Or, if you have an idea that might help speed up the tempo even more, we’d love to hear it!

With elections right around the corner, our Government Affairs Committee is picking up their beat and gearing up for the complete symphony that comes during the election season. The committee is still looking for volunteers for our Political Partnership Program. If you have a personal relationship with a candidate or elected official please let

us know. We feel that establishing this program will be the most effective means of having our voice heard and spreading our REALTOR® message. That is until a REALTOR® member steps up to be the singer/songwriter for HIR!

In all seriousness, every committee is working hard and I could continue on and on about all that they do and all they plan to accomplish this year. Education is working nonstop to plan more classes and other hot topic events. Public Relations continues to help educate consumers and show that REALTORS® are making a difference in their community. And the list goes on! If you know someone who serves on a committee please take the time to thank them for their service and consider joining them for a meeting. It’s an awesome rhythm to get yourself into!

In May, many of us will be heading out to Washington, D.C., for the National Association of REALTORS® Mid-Year meetings where we will participate in a REALTOR® Rally, lobby our lawmakers, and participate in many educational sessions. It is at these events that I truly appreciate the strength and power of our REALTOR® organization. It’s guaranteed to be a different tune than our island vibes but a tune that is heard loud and clear when we arrive none the less. In our next newsletter I will be reporting back with events that occurred there. Until then, keep on jammin’ and take all that you do to a HIR level!

Mealoha Kraus, REALTOR® (S) Prudential Orchid Isle Properties 2012 President, Hawai’i Island REALTORS®

President’s Message Continued from Page 1

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H A W A I I I S L A N D R E A L T O R S ®

Your Ad Here!

For more information on placing your ad in our

newsletter, contact Hawaii Island REALTORS®

at 935-0827 or [email protected].

The next project we are working on is the updated Website.

The committee is looking for someone who is knowledgeable in Website design.

We are looking to have this accomplished by the end of October.

If you know anyone who could volunteer their expertise we would greatly appreciate it.

Contact Marsha Pryor, Member Services Committee Chair, at 895-2254.

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Early IRA Funding Can Pay Off Over Time

You’ve got until April 17 to contribute to your Individual

Retirement Account (IRA) for the 2011 tax year. That’s not a lot

of time, but if you have some money available, and you haven’t

completely funded your IRA for 2011, consider doing so before

the deadline. And once you’ve “maxed out” on your IRA for last

year, why not get a jump on 2012?

Actually, you could have started contributing to your 2012

IRA as early as Jan. 2. In fact, if you can get into the habit of

fully funding your IRA each January, you’ll give your money 15

extra months of growth potential, as opposed to waiting until mid

-April of the following year. If you factor in all the years you’ll be

contributing to your IRA before you retire, those extra months of

growth opportunities, repeated over decades, could end up

providing you with a fair amount of extra cash when you start

tapping into your IRA at retirement.

Of course, you may not find it all that easy to come up

with the full IRA contribution amount at one time. (In 2012, you

can put up to $5,000 into a Roth or traditional IRA, or $6,000 if

you’re 50 or older.) But if you look at your entire financial picture,

you may be able to think of some resources. Here are a few

suggestions:

Put your tax refund to work. In 2011, the average tax

refund was about $3,000, according to the IRS. If you received

that amount in 2012, and you applied it toward your IRA, you

would already have met half the contribution limit (if you are 50

or older) or more than half (if you’re younger than 50).

Take advantage of interest payments or dividends. If you own

income-producing investments, you may find that they can help

you fund your IRA early. For example, if you own dividend-

paying stocks, and you don’t typically reinvest the dividends,

consider putting some of these funds into your IRA. (Keep in

mind, though, that stocks can reduce or discontinue dividends at

any time). And you can do the same thing with any interest pay-

ments you receive from bonds.

Put other “windfalls” into your IRA. If you receive a wind-

fall, such as a bonus from your employer or a gift of cash, think

about putting it into your IRA.

If none of these options present themselves, and you

can’t afford to write out a big check to fund your IRA very early in

the year, do the best you can to reach the contribution limit as

soon as possible. To make this happen, consider setting up a

monthly automatic transfer from your checking or savings ac-

count into your IRA. Even if you were to divide these transfers

into 15 equal payments totaling $5,000 (or $6,000 if you’re 50 or

older), you would still be funding your IRA more quickly than if

you would have scrambled to contribute in the last few months

before the tax filing deadline.

No matter when you do it, fully funding your IRA is a great

way to help build resources for retirement. But the earlier, the

better — so do whatever you can to beat that tax deadline each

year.

This article was written by Edward Jones for use by your

local Edward Jones Financial Advisor.

Keith Marrack 99 Aupuni Street, Suite 106 Hilo, HI 96720 Business: 808-935-1970 [email protected] www.edwardjones.com

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H A W A I I I S L A N D R E A L T O R S ®

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HAWAII – Last year, as our communities continued to feel the impacts of the ongoing housing crisis, nonprofit, HUD (United States Department of Housing and Urban Develop-ment) approved housing counseling agency, Hawaiian Community Assets (HCA) assisted 64 Hawaii families secure or sustain homeown-ership.

Founded in 2000 HCA has served more than 8,000 individuals with free home-buyer educa-tion through its s t a t e w i d e offices, helping 780 families realize the dream of homeowner-ship. The organization offers free pre- and post-purchase homebuyer education workshops, individualized counseling sessions, and access to asset building programs such as matched savings and tax preparation assistance to help families identify costs and benefits of purchas-ing a home, establish affordable household budgets and build savings, review credit reports, and conduct financial assessments to determine mortgage affordability.

"Homebuyer education is a vehicle for us to ensure homeownership maintains itself as a sound investment for our families, communities, and future generations," says HCA Executive Director, Jeff Gilbreath.

According to the organization’s Annual Report released January 2012, HCA served 683 individuals with homebuyer education workshops, individualized housing counseling,

a n d foreclosure prevention services in 2011. On average, HCA clients who received at least 13 hours of homebuyer education over the course of 12 months:

Improved their credit scores by 32 points;

Decreased their debt-to-income ratio by 6 points from 34% to 28%; and

Increased their savings by $4,905.

“Housing counseling works,” continues Gilbreath, referencing the Annual Report. “Through a comprehensive strategy that includes group workshops, individualized counseling, asset building programs, and community outreach, HCA will continue to work with partners across the state to keep the dream of homeownership alive.”

To enroll in HCA’s free homebuyer education program or for more information call (toll-free) 1.866.400.1116 or via email at [email protected]

--------------------------------------------------------------

Hawaiian Community Assets (HCA) is one of 1800 nonprofit HUD approved housing coun-seling agencies across the nation helping fami-lies prevent homelessness and foreclosure, find rental housing, and secure and sustain homeownership. HCA’s philosophy uses homebuyer education and counseling to assist low- and moderate-income individuals and families achieve and sustain economic self-sufficiency.

On average, HCA clients who received at least 13 hours of homebuyer education over the course of 12 months:

Improved their credit scores by 32 points;

Decreased their debt-to-income ratio by 6 points from 34% to 28%; and

Increased their savings by $4,905.

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By Bob Schoenthal

Recently, members of our team traveled to Kauai and the Big Island to meet with members, provide updates and training, and answer questions. Having visited the north and south shore of the Garden Island and Hilo, we’ll be headed to Kona next.

For those of you who were unable to join us, I’d like to take this opportunity to bring you up to speed.

To set the stage, we reviewed the accomplishments of the past year, including shortening and streamlining the data entry form, introducing RETS data service, transitioning to ZipForm, and the first public release of our cross-browser compatible system. As a company, we also continued with our cross-departmental project team a p p r o a c h , i n t r o d u c i n g b o t h professional development workshops as well as community service projects.

The cross-browser upgrade was the biggest news, and as of March 1, it graduated to the title of REsearch 5.0. A l though the o lder , In te rne t Explorer-only REsearch 4.5 system will remain available through the end of the year (with plenty of warning before being retired), we were proud to show off the latest improvements.

Making REsearch work on Macs and on browsers besides Internet Explorer involed a major overhaul of much of the code that made up our system. Ultimately, we went from supporting eight different environments to supporting over 45 different computer

configurations (from Windows XP through Windows 7, Mac OSX, and popular browsers like Chrome, Firefox, and Safari).

But making this change had been a top request from our membership for more than five years. And the upgrade is a timely one, as the tech industry has also seen a shift. Internet Explorer continues to lose its market share, recently falling to less than 50 percent as people shifted to Firefox and Chrome. Of course, most REsearch users still use Internet Explorer, but we hope you’ll now explore the many great alternatives out there.

So what’s new in REsearch 5.0?

First, it brings with it a major design r e f r e s h , m a r k i n g t h e f i r s t comprehensive look at the user interface in several years. While our top priority was to keep the basic layout the same to minimize confusion, every nook and cranny has been cleaned up and made more consistent. The redesign was led in part by our customer support team, which drew from years of feedback and experience with how people use our system.

Another improvement was in the quality of photos in the system. We know you wanted your property photos to look a lot nicer, so we improved how we compressed images. Instead of your pictures coming out looking like a watercolor painting, they will come out nice and sharp. As new listings start to look much better, we

encourage everyone with an active Listing to re-upload your photos to also take advantage of this update.

One of the most dramatic upgrades involved our maps. The maps in the first release of our cross-browser system not the mapping system you deserved, but our developers went back to the drawing board and delivered something great. The new maps in REsearch 5.0 are much faster, displaying quicker and redrawing instantly as you move around. They also support standard ways of navigating found in other popular mapping solutions (like Google Maps), such as using your mouse wheel to zoom in and out and clicking and holding on the maps to pan them.

There are also several new tools, from polygon searches that can be edited and moved, better measuring tools, and an easy way to get the lat/long of a point on the map that you can enter into your GPS device. And as you interact with the maps, you'll notice new "balloons" that allow you to quickly see the basics about any property: just clicking on the flags, or move and drop your pin while holding down the 'ctrl' key.

Finally, we spent some time showing off CloudCMA, a well-regarded, modern CMA and marketing package that we're making available to members at no additional charge. CloudCMA is a report generator that takes properties you select and folds them into a wonderful CMA report.

(Continued on Page 10)

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CloudCMA is a report generator that takes properties you select and folds them into a wonderful CMA report. You can also create Buyer Tours, Property Reports, and Flyers, all with a few easy steps.

One agent who attended our outreach event said it best: "I love it. My client thought I spent forever putting together this packet of information, and really, I did it in a 20 minutes."

I've only scratched the surface of all the enhancements that we delivered with REsearch 5.0, but fortunately, you can get a detailed tour and get your questions answered live via our regular online webinars.

What's ahead for HIS?

After a pivotal 2011, things will be equally busy in 2012. We gave members a preview of some of the new offerings that we're working on, beginning with new web products. Beyond revamping our existing AgentSite and Custom-Site, we will add a couple of lower-cost solutions, including an Agent WebCard and Single Listing Websites. For more information on these, contact our sales manager, Colleen Yasuhara.

We also shared a sneak peek at REsearch lockbox integration. We are working with both major providers, Sentrilock and Supra, and are among the first MLS systems to do so. This ensures that we will be ready when our member boards are ready, whichever way they decide to go.

Another major project we'll be focused on is improving and expanding rental data. While we've offered the ability to enter rental listings for a while, we want to take a fresh look at it to ensure that it is useful and relevant to the many property managers that use our system.

When properties aren't selling, they are often renting, so it makes sense to provide a one-stop shop for real estate professionals. But we also have long-term plans to syndicate this rental information and also make it available to the public as a trustworthy, vetted source. We've collected a lot of feedback for this project, but we always welcome more, so if you handle rentals please give us a call.

Finally, this year, we will be continually improving and expanding our TMK data. Agents that relocate to Hawaii are often surprised and elated by the amount of public records we have in our system, and how it is seamlessly integrated with MLS data. We currently provide 293 fields of public records in our system (including information on owners, taxes, sales, loans and zoning). But we collect a lot of information we've yet to make available, and we're always looking for more useful datasets.

We were greatly encouraged by our visits, happy to connect with our members and meanwhile collecting lots of helpful feedback on how we can serve you better. This kind of outreach is definitely something we plan to con-tinue, and we can't wait for our next opportunity to meet with you.

(From Page 9)

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These are hard times for economic liberty, but the Supreme Court on Wednesday offered a modest reason to hope. In a 9-0 ruling, they concluded that the Environmental Protection Agency can't terrorize Americans via regulation without allowing them a day in court.

In 2005, Michael and Chantell Sackett bought a small property in an Idaho residential neighbor-hood, intending to build a home. Once construction began, the EPA decided without any notice that the plot was a "wetland" because it was near a lake. There is no water on the property. The agency's pen pushers served the Sacketts with a "compliance order" that said they were violating the Clean Water Act and would be fined $37,500 per day until they restored the property to its original condition, if not criminal charges as well.

As Deputy Solicitor General Malcolm Stewart revealed during oral arguments, the Sacketts were actually liable for twice that—$37,500 per day for violating the Clean Water Act, and another $37,500 for violating the compliance order. Mr. Stewart defended the double secret penalties by saying the EPA had no statutory obligation to disclose them.

The case landed at the High Court after the Sack-etts tried to appeal the wetlands designation. But the EPA refused to grant a review or lookback hearing, because an appeals process isn't explicitly required by the Clean Water Act. Only after the EPA moved to enforce the compliance order would the Sacketts get their day in court.

The EPA almost never needs to enforce, however, because disobeying a compliance order—even one that is later overturned—is legal proof in its mind of "willfulness" or a tacit admission of guilt. The only way to defend yourself is to break the law and therefore invite even higher penalties. The Sacketts claimed this Star Chamber violates their due process rights.

As Justice Samuel Alito asked during oral argument, "If you related the facts of this case as they come to us to an ordinary homeowner, don't you think most ordinary homeowners would say this kind of thing can't happen in the United States?" Yes, which is why most Americans will welcome the decision that the Sacketts can challenge the compliance order in court under the Administrative Procedure Act.

Alas, the High Court's narrow ruling does not provide greater relief to the thousands who are tortured by the EPA's expansive interpretation of the Clean Water Act. That law was meant to prevent pollution in "navigable waters." It says nothing about wetlands. But the EPA created that writ through rule-making, and last May the Obama EPA issued new regulations that expand this discretion even further.

In a concurring opinion in Sackett v. EPA, Justice Alito accurately noted that, despite the ruling, "the combination of the uncertain reach of the Clean Water Act and draconian penalties imposed for the sort of violations alleged in this case still leaves most property owners with little practical alternative but to dance to the EPA's tune."

Congress ought to amend the Clean Water Act to make the law's jurisdiction clearer. Meantime, the ordeal of the Sacketts shows once again how this agency with a $10 billion budget and 17,000 agents has become a regulatory tyranny for millions of law-abiding Americans.

A version of this article appeared Mar. 22, 2012, on page A14 in some U.S. editions of The Wall Street Journal, with the headline: Supremes 9, EPA 0. Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved. This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit: www.djreprints.com

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H A W A I I I S L A N D R E A L T O R S ®

You Be The Judge... (From page 2)

RICO asserted that if proven at an administrative hearing before the Commission, respondent's

acts would constitute a violation of at least the following statutes: HAR §16-99-3(f) (the licensee, for the protection of all parties with whom the licensee deals, shall see that financial obligations and commitments regarding real estate transactions…are in writing, express the exact agreements of the parties, and set forth essential terms and conditions), and HRS §467-14(13) (violating the chapter). Respondent did not admit to violating any law or rule but entered in the Settlement Agreement as a voluntary compromise of the matter and in order to conserve on the expense of an administrative hearing. Respondents agreed to pay a $1,000 fine.

The Water Department is no longer accepting fax forms. So, we have to write a letter with the address and TMK to get something in writing. The reason for this is some offices are submitting the form on every listing they get instead of on a case by case basis. If you know it is on catchment, do not send in the form and if you know it is on County water do not send in the form. If the owner gets a water bill that is written proof of County or private water. For example, the Departments are being inundated with needless forms and we will lose the co‐operation of the County if this persists. If the TMK is in the SSPP book, which you may print out from the HIR website, just run a copy of the page on which it appears and the page with the cost for your client. I cannot get the Water Department to accept the form again until I know we are all on line with this new program. Thank you all for your co‐operation. The various Community Associations are a great resource for information on roads, water, dues and proposed improvements. Some have their own websites. I will work on preparing a list of associations with telephone and website information that we may post on our website for HIR members.

Respectfully Submitted,

Allan Kroll ‐ REALTOR®, Chairman Governmental Affairs Committee HIR E‐mail: [email protected]

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