June 07.qxd - Austin Board of REALTORS

AUSTIN REALTOR® 

Volume XIV Issue 6 We’re Working For You June 2007 

Join Us at the Ballpark to Support the Foundation 

Batter up! The ABoR Foundation 

invites you to enjoy an evening at 

the Dell Diamond in Round Rock 

on Tuesday, June 26. Gather your 

friends, family and valued clients 

for a night of old-fashioned fun to 

support the Foundation’s charitable 

donations and college scholarship 

fund. 

The festivities begin at 5:30 p.m. 

at the United Heritage Center. A 

INSIDE: 

buffet of hot dogs, hamburgers, 

snacks and soft drinks will be 

available. The excitement continues 

at 7:05 p.m. as the Round 

Rock Express takes on the 

Nashville Sounds. Your ticket 

purchase includes reserved seats 

right outside of the Heritage 

Center on the first base line. 

Fans will get a special treat at 

6:30 p.m. when the 2007 ABoR 

Foundation Scholarship recipients 

will join donors for an on-field 

presentation. Thanks to generous 

support, the Foundation was able 

to award scholarships to 13 

Central Texas high school seniors 

this year. (See page 13 for details 

on the 2007 scholarship awards.) 

This is a great opportunity to 

enjoy a family outing and casually 

See “ABoR Foundation...” on page 15 

Final Call: Leadership Applications Due June 30 

ABoR Opposes ‘Time of Sale’ Clause in Conservation Policy 

Legal Topics: Title Commitments and Schedule B Exceptions

The Austin REALTOR ® is published monthly by the Austin Board of REAL- 

TORS ® , Quarry Oaks Atrium, 10900 Stonelake Blvd., Suite 100, Austin, 

Texas 78759, 512/454-7636. Members are encouraged to submit articles, 

announcements and ideas to marketing@abor.com. Deadline for submission is 

the 15th of the month prior to publication date. For advertising information, 

visit Abor.com; information is available in the “About ABoR” section. 

AUSTIN REALTOR® 

Editor 

Angela Brutsché 

Assistant Editor 

Denise Schulz 

Board of Directors 

Charles R. Porter, Jr. 

Chairman of the Board 

Bryker Properties 

512/476-3793 / fax: 476-5273 

crporter@sbcglobal.net 

Socar Chatmon-Thomas 

Chairman-Elect 

Coldwell Banker United, 

REALTORS ® 

512/328-8200 / fax: 328-2559 

socarsellshomes@austin.rr.com 

Jay Gohil 

Secretary/Treasurer 

Jay Gohil Realty 

512/258-4248 / fax: 258-1234 

jay@jaygohilrealty.com 

John Rosshirt 

Immediate Past Chairman 

Stanberry and Associates 

512/258-9310/ fax: 258-9312 

john@rosshirt.com 

David M. Foster, CAE, RCE 

President and CEO 

512/454-7636 / fax: 454-5369 

dfoster@abor.com 

Paula Adkins 

Paula Adkins Real Estate, LLC 

512/338-0938 / fax: 338-1113 

paulaadkins@austin.rr.com 

Kay Andrews 

AvenueOne Properties 

512/472-3336 / fax: 472-4722 

kayandrews@aveone.com 

Judith Bundschuh 

Realty World-John Horton & 

Associates 

512/834-1600 / fax: 834-2234 

judith@austintxhomesonline.com 

Contributing Editors 

Isabel Zermeño/ 

Government Affairs 

Sylvia Medrano/MLS 

Sally B. Yaryan/Education 

Jeanne Butterfield 

RE/MAX Austin Associates 

512/328-8333 / fax: 328-1763 

jeanne@austinhomes4sale.com 

Leonard Guerrero 

J.B. Goodwin, REALTORS ® 

512/502-7800 / fax: 346-3711 

lennyguerrero@msn.com 

Sheila Hawkins-Bucklew 

Coldwell Banker United, 

REALTORS ® 

512/343-7500 / fax: 343-1224 

shelia@hawkinsbucklew.com 

John Horton 

Realty World-John Horton & 

Associates 

512/834-1600 / fax: 834-2234 

horton@realtyworldaustin.com 

Lizanne McDaniel 

McDaniel Properties 

512/394-9835 / fax: 291-8420 

lizanne@greateraustinrealestate.com 

Jeff Osborne 

RE/MAX Capital City 

512/331-6644 / fax: 331-7480 

jeffosborne@remax.net 

John C. Sheppard 

Home Source 

512/472-4663 / fax: 472-4664 

jcs@austinhomesource.com 

Joe Williams 

Keller Williams Realty 

512/346-3550 / fax: 346-9634 

williams@kw.com 

Industry News 

Final Call: Applications 

for Local and State 

Leadership Positions 

Due June 30 

Are you looking for ways to 

become more involved with 

ABoR? Consider serving as an 

ABoR leader! Applications are 

currently being accepted for the 

following positions: five ABoR 

directors; ABoR chairman-elect; 

ABoR secretary/treasurer; two 

Texas Association of REALTORS ® 

(TAR) directors; and TAR regional 

vice president. The deadline to 

apply is June 30. 

Applications are available online 

at www.abor.com/rsvp/abor_leadership_form.cfm. 

If you have 

questions regarding the available 

positions or the application 

process, please contact Vicki 

Harris at 512/454-7636, ext. 

1001 or vharris@abor.com. 

TLC Program Looking 

for Help from Central 

Texas REALTORS ® 

Cable channel TLC is seeking help 

from REALTORS ® to cast families 

for the program “Moving Up.” 

The show follows three families as 

they embark on journeys of moving 

and renovating. 

Unlike many remodeling shows in 

which participants remodel their 

friends’ or neighbors’ homes and 

then relinquish the property to its 

original occupants, the families in 

“Moving Up” remain in the houses 

they renovate. After three months, 

the former homeowners will visit 

their old homes and see what 

changes the new owners have made. 

“Moving Up” is hosted by Doug 

Wilson, a designer for the popular 

TLC program “Trading Spaces.” 

Wilson will consult with the families 

before they move and guide 

them through the transformation 

of their new properties. 

The show’s producers are looking 

for chains of three families who 

still occupy their current homes 

and plan to renovate their next 

homes. REALTORS ® who help 

find families for use in the program 

will receive credit in the 

show as well as a $150 finder’s fee. 

If you know families in the Austin 

area who will be ready to move 

between June 15 and August 30 

and would be interested in 

appearing on “Moving Up,” please 

contact Jonathan Groce, the 

show’s casting producer, at 

212/974-9050, ext. 186. 

Foundation Assists 

with CCIM Scholarship 

In April, the ABoR Foundation 

presented the Charlotte London 

Certified 

Commercial 

Investment 

Member (CCIM) 

Scholarship to 

commercial real 

estate agent 

Evelyn Ward. 

The scholarship, given on behalf 

of the Central Texas CCIM 

Chapter, will help Ward finance 

her commercial real estate training. 

Ward received the award for 

demonstrating superior academic 

achievement. She graduated 

Summa Cum Laude from 

Southwestern University and 

maintained the highest grade 

point average in her graduating 

class. 

AUSTIN REALTOR ® 2 June 2007

ABoR and CCIM have long 

enjoyed a mutually beneficial relationship. 

The local CCIM chapter 

recently made a substantial donation 

to the ABoR Foundation, and 

ABoR regularly offers its facilities 

for CCIM courses. CCIM provides 

educational programs, training 

and networking opportunities to 

commercial real estate agents. To 

learn more about CCIM, visit 

http://chapters.ccim.com/centraltexas. 

NAR Board Approves 

Dues Increase, 

McMillan Elected as 

President-Elect 

During the Mid-Year Meeting in 

May, the National Association of 

REALTORS ® (NAR) Board of 

Directors voted to raise national 

membership dues to $80 in 2008. 

This increase will fund a broad 

range of new programming to 

ensure that REALTORS ® remain a 

strong voice for real estate. 

NAR has not had a dues increase 

since 1994 when dues were set at 

$64. Over the ensuing 13 years, 

programming and nondues revenue 

have increased by 50 percent, 

and staff levels have dropped by 

40 percent, according to Dale 

Stinton, NAR CEO and executive 

vice president. 

Stinton made a strong case for the 

increase, saying REALTORS ® 

needed to continue their tradition 

of innovation to remain competitive 

in the Internet age. As part of 

what is being called the “Second 

Century Initiative,” Stinton said 

the association expects to launch 

$60 million–$100 million in new 

programming over the next three 

to five years. 

In addition, the board voted to 

extend the association’s public 

awareness campaign through 

2010. The campaign is funded by 

a special assessment, which will 

remain at $30 per member for 

2008 and increase to $35 for 2009 

and 2010. 

Also at the meeting, NAR directors 

elected Dick Gaylord of Long 

Beach, California, as 2008 president 

and Charles McMillan of 

Irving, Texas, as 2008 presidentelect. 

With the election, 

McMillan is poised to become the 

association’s first African 

American president in 2009. 

McMillan, who ran in a contested 

race against Chris McElroy of Fort 

Collins, Colorado, vowed to be an 

advocate for both REALTORS ® 

and consumers. He said he is 

dedicated to working with REAL- 

TORS ® to meet the challenges the 

industry faces. 

And finally, Benny McMahan, 

executive officer of the Texas 

Association of REALTORS ® , was 

named the 2007 winner of the 

William R. Magel Award of 

Excellence in association management. 

This prestigious award is 

presented annually to an individual 

who has truly excelled in his 

role as an association executive of 

a local or state association of 

REALTORS ® . McMahan will also 

be officially presented the award 

at the 2007 REALTORS ® 

Conference & Expo in Las Vegas 

in November. 

Reprinted from REALTOR ® 

Magazine Online May, 2007 with 

permission of the National 

Association of REALTORS ® . 

Copyright 2007. All rights 

reserved. 

JUNE 

JULY 

AUGUST 

Upcoming Events 

1 

8 

22 

26 

29 

30 

4 

6 

20 

3 

23 

24 

New Member Orientation 

8:45 - 11 a.m. 

ABoR Auditorium 

Home Builders Association of 

Greater Austin: Parade of Homes 

REALTOR ® Day 

For more information, contact the 

HBA at 512/454-5588. 

MLS Lunch and Learn 

11 a.m. - 1 p.m. 


ABoR Foundation Evening at the 

Dell Diamond 

Tickets: adults, $20/children, 

$10. Contact Judy Cretney at 

512/322-8703. 


8:45 - 11 a.m. 


Application Deadline for ABoR 

Leadership Positions 

Application is available online at 

https://www.abor.com/rsvp/abor_l 

eadership_form.cfm. 

ABoR Office Closed 

Independence Day 


8:45 - 11 a.m. 



11 a.m. - 1 p.m. 



8:45 - 11 a.m. 


ABoR TREPAC Wine Tasting 

6:30 - 8:30 p.m. 



11 a.m. - 1 p.m. 



EDUCATION 

June 

Educational 

Courses 

3 4 5 6 7 8 9 

GRI-2 

GRI-2 GRI-2 GRI-2 

10 11 12 13 14 15 16 

Understanding 

Residential Real 

Estate Appraisal 

Truth in Advertising 

Addenda, 

Disclosures and 

Notices 

1 

Code of Ethics: 

Your Promise of 

Professionalism 

GRI-2 

TREC Ethics MCE 

TREC Legal 

Update MCE 

2 

17 18 19 20 21 22 23 

Internet Training 

24 25 26 27 28 

Advanced Internet 

Training 

29 

30 

Registration Information 

To register for an MCE course, visit the 

“Courses” section of Abor.com or contact Shirley 

Williams, education coordinator, at 512/454-7636, 

ext. 1602. If you are in need of special assistance, 

please allow five days advance notice. 


Course Descriptions 

ABoR Central Texas Assistant Certification 

July 30-August 2 (8:30 a.m. - 4:30 p.m.) | Instructors: Rita Barousse and Marcie Roggow 

Over 700 real estate assistants are currently working with Central Texas REALTORS ® . To ensure these assistants have 

the professional skills needed to best serve REALTORS ® and home buyers and sellers, the Austin Board of REAL- 

TORS ® created the Central Texas Assistant Certification program. The four-day program covers the basic skills needed 

to be a productive team member in a real estate office. Licensed and unlicensed assistants are invited to learn the 

professional skills needed in the real estate industry. 

Various TREC Numbers, Provider # 0127 (28 hrs. MCE) | Cost: $250 

Code of Ethics: Your Promise of Professionalism 

(NAR Mandatory Ethics) 

June 1 (1 - 4 p.m.) Instructor: Charles R. Porter, Jr. 

TREC # 03-00-049-5827 (3 hrs. MCE) 

Cost: $27 members/$33 non-members 

This course emphasizes the importance of the REALTOR ® Code 

of Ethics and provides an in-depth examination of the grievance 

process that is used to enforce the Code. All members are 

required to take the course once every four years. 

Graduate REALTOR ® Institute — GRI-2 

June 4-8 (8:30 a.m. - 5:30 p.m.) Instructors: Charles McMillan and 

Judi Shanklin-Carnes 

Provider # 0001 (30 hrs. core credit or 9 hrs. MCE) 

Cost: TAR Members, $275/$300 late; Non-members, $300/$325 late 

GRI-2, the second of the three-part GRI series, features topics 

including: prospecting, seller services, buyer services and new 

home sales. The GRI is one of the most widely recognized designations 

available to real estate professionals nationwide. Texas 

REALTORS ® with a GRI designation earn 30 percent more than 

non-designees and are perceived as having made a commitment to 

provide a higher level of professional service. 

Understanding Residential Real Estate Appraisal 

June 13 (8:30 a.m. - 12:30 p.m.) Instructor: David B. McCollum 

TREC # 04-00-039-5767 (4 hrs. MCE) 


Gain insight into real estate appraisal theory and development. 

By the end of the course, you will understand how an appraisal is 

prepared and how to more expertly prepare a CMA. 

Truth in Advertising 

June 13 (1:30 - 4:30 p.m.) Instructor: Lynda Conway 

TREC # 03-00-087-4424 (3 hrs. MCE) 


Many agents have become confused by the rules, regulations and 

laws governing real estate advertising. This course covers federal 

fair housing laws, the Texas Real Estate License Act and National 

Association of REALTORS ® (NAR) rules. Course materials 

specifically address Internet advertising, Web sites, e-mail and 

print issues. 

Addenda, Disclosures and Notices 

June 14 (8:30 a.m. - 5:30 p.m.) Instructor: Gordon Gorychka 

TREC # 08-00-068-5139 (8 hrs. MCE) 


Developed by a practitioner and reviewed by an attorney, this 

course demonstrates how various addenda can be used to clarify 

contracts, disclose information and, most importantly, reduce risk. 

TREC Ethics MCE 

June 15 (8:30 a.m. - 12 p.m.) Instructor: Bill Evans 

TREC # 03-03-127-3836 (3 hrs. MCE, 3 hrs. legal) 


TREC-required for license renewal, this course covers: the canons 

of professional ethics, discriminatory practices, agency, diligence 

on representation, disclosure, advertising and dispute resolution. 

It is also accredited as NAR mandatory ethics training. 

TREC Legal Update MCE 

June 15 (1 - 4:30 p.m.) Instructor: Bill Evans 

TREC # 03-03-127-3837 (3 hrs. MCE, 3 hrs. legal) 


Created by TREC, this course is required for license renewal and 

covers a range of topics including: recent court cases, TREC rules, 

do-not-call lists, mold assessment, title insurance, endorsements, 

mortgage fraud and new TREC forms. 

Internet Training 

June 20 (1 - 5 p.m.) Instructor: Kelly Porterfield 

TREC # 04-00-049-5881 (4 hrs. MCE) 

Cost: $60 

Designed for beginning and intermediate users, this hands-on 

class offers an overview of basic Internet techniques, e-mail and 

search engines. This class is held in the ABoR Computer Lab. 

Advanced Internet Training 

June 27 (1 - 5 p.m.) Instructor: Kelly Porterfield 

TREC # 04-00-097-4397 (4 hrs. MCE) 

Cost: $60 

Run your business more effectively by utilizing advanced search 

engine techniques. This class covers Internet security issues, 

including spam, spyware and virus protection. This class is held 

in the ABoR Computer Lab. 


GOVERNMENT AFFAIRS 

ABoR Opposes ‘Time of Sale Only’ Clause in Water Conservation Policy 

Over the past several months, ABoR’s Government 

and Community Affairs Department participated in 

a task force and met with Austin City Council staff 

in an effort to develop a policy on water conservation. 

The Water Conservation Task Force presented 

its recommendations at the May 3 City Council 

meeting. 

The recommendations were approved with several 

council-initiated amendments. Of the utmost concern 

to Austin-area property owners and local 

REALTORS ® is the following amendment: 

“Clarify that single family must have plumbing 

fixtures that meet current plumbing code at the 

time of sale only, and not by a date certain.” 

The Austin Board of REALTORS ® rejects the condition 

of “at time of sale only.” The impracticalities of 

this condition will only result in a double meaning 

law. Instead, ABoR proposes that the amendment 

read “upon notification of the transfer.” 

The ordinance that the City Council is attempting 

to cut and paste as Austin’s water conservation plan 

originates from Santa Cruz, California. In Santa 

Cruz, the ordinance reads “at time of sale only,” but 

the reality is “notification of transfer.” 

Santa Cruz city staff receives notification after the 

time of sale, not before or during the time of sale. 

Once notified, the city staff contacts the homeowner 

and the process of demonstrating compliance begins. 

The “at time of sale only” condition leaves too many 

questions and could interfere with the closing 

process. The condition also contradicts the council’s 

directive that compliance should not interfere and 

prevent the closing process of a home sale. ABoR 

believes that that City Council should direct its staff 

to look for a tailored approach to achieving Austin’s 

water conservation goals. 

ABoR staff recently met with Council Member Lee 

Leffingwell, a major proponent of the water conservation 

amendments. Leffingwell assured ABoR that 

the “point of sale” language contained in the amendment 

will only be used as a trigger to notify city 

staff of the property transfer in order to enforce compliance. 

According to Leffingwell, the City of Austin has no 

intention of hindering property transactions. 

Leffingwell maintains that the city is not interested 

in becoming a third-party in real estate transactions. 

ABoR looks forward to working with the Austin 

City Council and staff on this important issue. We 

will keep you informed as details of the ordinance 

develop. For more information and to share your 

thoughts, e-mail government@abor.com. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Joint Meeting, Cake Auction Nets $2,600 for TREPAC Fundraising Goal 

Members of local chapters of 

Asian Real Estate Professionals, 

National Association of Real 

Estate Professionals and Women’s 

Council of REALTORS ® held a 

joint meeting in April to raise 

money for TREPAC. As part of 

the meeting, 12 cakes were auctioned 

off, raising over $2,000! 

In addition, attendees made general 

contributions to bring in 

over $2,600 for TREPAC. 

Special thanks to the TREPAC 

bakers for providing the cakes: 

Paula Adkins of Paula Adkins 

Real Estate, Bonnie Barrera of 

Independence Title, Angela 

Brutsché, ABoR director of marketing 

and communications, 

Judith Bundschuh of Realty 

World-John Horton, Socar 

Chatmon-Thomas of Coldwell 

Banker United, REALTORS ® , 

Barb Cooper of Coldwell Banker 

United, REALTORS ® , Marie 

Dang-Schwartz of Realty World- 

John Horton, Pam Drawbaugh of 

Realty World-John Horton, 

David Foster, ABoR president & 

CEO, Earl Hairston, ABoR director 

of government and community 

affairs, Karakay S. Kovaly of 

Keller Williams Realty and 

Ysolette Nicoson of Coldwell 

Banker United, REALTORS ® . 

Protecting real estate industry 

interests at the legislature is 

something that these groups and 

individuals understand and very 

clearly support. 

Members of the ABoR Political 

Action Committee are available 

for office visits. Contact Isabel 

Zermeño, government affairs representative, 

at 512/454-7636 ext. 

1501 or izermeno@abor.com to 

schedule a visit for your next 

business meeting. 

(Above) The TREPAC bakers put the finishing touches on their cake displays before the auction. 

The cake auction was part of a joint meeting of the Austin chapters of the Asian Real Estate 

Professionals, the National Association of Hispanic Real Estate Professionals and the Women’s 

Council of REALTORS ® . 

(Above) Ysolette Nicoson of Coldwell Banker United, REALTORS ® , shows 

off her Texas-inspired cake. Twelve cakes were auctioned during the meeting 

on April 26, with bids ranging from $90 to $375. 

(Left) Benny McMahan (far left), president/CEO of the Texas Association 

of REALTORS ® (TAR) was the featured speaker at the joint meeting, 

sharing information on TAR’s legislative efforts and the importance of supporting 

and investing in TREPAC. On hand to welcome him were (from 

left) TAR Director Sandy Bednar of Distinct Austin Properties, ABoR 

Director Shelia Hawkins-Bucklew of Coldwell Banker United, REAL- 

TORS ® , NAR Director Joe Stewart of Realty World-John Horton and 

ABoR Director Judith Bundschuh of Realty World-John Horton. 


MLS UPDATE 

Directors Approve Revisions to MLS Rules and Regulations 

Several changes recommended by 

the ACTRIS Board to the MLS 

Rules & Regulations were 

approved at a recent ABoR Board 

of Directors meeting. Among 

the changes is a new fine under 

the Unauthorized Use violations. 

Language was added to include 

SAFEMLS tokens as part of the 

fine concerning keeping PIN 

codes with keypads. MLS participants 

found with their MLS PIN 

code in any way attached to their 

SAFEMLS tokens will be assessed 

a $250 fine. A second offense 

will cost $500. This fine is 

found in Article XIII, ACTRIS 

Fines, Section 1. 

Changes to Digital Image 

Requirements 

In response to participant feedback 

regarding the images included 

on property listings, the Rules 

and Regulations have been 

amended to require a digital 

image of the façade of the 

dwelling on the property. MLS 

participants indicated that they 

want to give their clients as much 

information as possible. However, 

listings with only photos of the 

property’s view, subdivision signs 

or landscape do not address the 

dwelling on the property. 

Article I, Listing Procedures, 

Section 16 of the Rules & 

Regulations now includes the following 

sentence: “If the listed 

property has a dwelling, at least 

one image must be of the façade 

of the dwelling. This does not 

apply to ‘To Be Built’ or ‘Under 

Construction’ dwellings.” 

Leasing and Residential 

Sections Combined 

Since much of the Rules and 

Regulations concerning 

Residential are the same as for 

Leasing, the two sections have 

been combined. Leasing (LMS) 

services will continue to be billed 

separately. However, combining 

the sections will make the Rules 

and Regulations more concise 

and consistent. 

NAR Review 

As part of a mandatory review, the 

National Association of REAL- 

TORS ® added definitions for 

“Exclusive Agency Listing,” 

“Exclusive Right to Sell,” “Listing 

Content” and “Open Listing.” To 

view the revised Rules and 

Regulations, visit www.abor.com 

/MLS/MLS_rules.cfm. 


Tips for Using the MLS Tax System 

Searching 

Use the percentage sign (%) 

in the Subdivision field under 

the General Query Search to 

perform a Contains Search. 

(Currently only works in the 

Subdivision field.) 

Varied Names 

Counties use different naming 

systems for the same structure. 

One county may call a 

unit in an apartment complex 

a Residential Unit, where 

another county labels them 

Total Units. If you don’t 

receive any results using one, 

try the other. 

Rural/Farm/County Roads 

In order to ensure that these 

addresses are standardized and 

acceptable to the United 

States Postal Service, our Geo 

Coding process dictates that 

these addresses appear as follows 

in the tax system: 

Street Type: Farm to Market 

Display in Tax System: FM 

Example: 10610 Fm 812 

Street Type: Ranch Road 

Display in Tax System: Ranch 

Road 

Example: 7409 Ranch Road 

620 N 

Street Type: County Road 

Display in Tax System: 

County Road 

Example: 1150 County Road 

138 

In order for a user to effectively 

search on these properties, 

the terms displayed in 

the tax system should be the 

terms entered in the Street 

Name field in Street & 

Address Search Pages, not in 

the Street Suffix field. 


Sales & Marketing 

You Get What You Focus On 

I once heard Tony Robbins tell a 

story that has definite parallels to 

what can happen in your own real 

estate career. Tony’s story goes back 

to when he was first learning to 

drive a high-performance race car. 

Tony was racing around the track 

with his instructor sitting next to 

him and whenever the car would 

start to skid while going through 

the turns Tony would find himself 

looking at the wall that the car 

was moving towards. Tony’s 

instructor then said the following: 

“When you’re driving at high 

speed and your car starts to skid 

towards the wall the last thing you 

want to do is look at the wall. If 

you look at the wall you will end 

up in the wall. You need to keep 

your attention focused on where 

you want the car to go instead.” 

This has many parallels to both 

real estate and to life itself. You 

see, at any given moment you 

have the ability to focus your 

attention and energy on whatever 

you want to in your real estate 

by Jim Gillespie, Ph.D. 

business. Those agents who continually 

produce the best results 

constantly focus their attention on 

the things that get them excited 

and empower them to achieve 

greatness in their business. 

Stay with me for a moment and 

let’s do an experiment together: 

First, focus on everything bad 

that’s been happening in your life. 

Focus on the difficulties, the hardship, 

the pain and the struggle 

that this has caused you. And 

focus on how really bad all of this 

makes you feel. 

Now focus on everything great 

about your life right now. Feel 

the excitement about everything 

you’ll make happen in your future 

if you apply yourself and give your 

best. Imagine what your life will 

be like as all of those great things 

are now materializing for you. 

What were the differences in the 

two states you just experienced? 

How productive do you think you 

would be in the first state vs. the 

second one? And which of the 

two states really represented the 

reality of how your life is now? 

Dr. Tad James, by far the greatest 

trainer of NLP (Neurolinguistic 

Programming) in the world, has 

been one of my greatest teachers. 

On one occasion Tad told me that 

he had spent some time with the 

great spiritual leader and philosopher 

Swami Muktananda before 

the Swami’s death in 1982. Tad, 

being a curious student of life, 

had a question for the Swami: 

“Do you believe that each and 

every one of us are in complete 

control of our own destiny?” 

The Swami responded: “I do not 

know if that is true. But I do 

know this: People’s lives seem to 

work much better when they act 

as if they believe it to be true.” 

Much of our “reality” in real estate 

sales is whatever we make it. If 

what you desire is to be the best, 

most productive agent that you 

can be, choose to be in the mental 

and emotional states that will 

pave the way to make this happen. 

Jim Gillespie is America’s Premier Real Estate Coach ® . He specializes in real estate training, seminars 

and one-on-one coaching for agents and management. Visit his Web site at www.realestatecoach.com for 

over 300 free training articles, live audio interviews with top producing agents and Gillespie’s free sevenday 

online agent training course. 


Agent Q&A 

Q: 

As the summer selling season heats up, I want to expand my advertising reach by seeking out buyers to represent. 

Can I advertise other broker’s listings in print or on Web sites such as Craigslist.com? If the Internet field in the 

MLS says “Yes,” then I can advertise that listing anywhere, right? 

Signed, Expanding My Advertising 

A: 

Dear Expanding My Advertising: 

What a timely question! Ethics 

violations involving 

Craigslist.com are on the rise. 

This year alone there have been 

seven ethics hearings regarding 

ABoR members advertising 

other brokers’ listings on this 

popular online message board. 

More cases are pending. All but 

one of the hearings in this matter 

have resulted in ethics violations. 

The National Association of 

REALTORS ® (NAR) provides 

strict guidelines for advertising 

in its Code of Ethics and 

Standards of Practice. Article 

12, Section 4 states: “REAL- 

TORS ® shall not advertise 

property without authority.” 

This means that you must have 

the listing broker’s permission 

before advertising a property. 

Article 12 also requires REAL- 

TORS ® to disclose their names 

and the names of their firms in 

a “reasonable and readily apparent 

manner” in advertisements. 

If an agent intends to advertise 

another broker’s listing, he or 

she must include the name of 

the listing broker’s firm. 

Furthermore, Article XI, 

Section 2 of the ACTRIS Rules 

and Regulations states that if 

an agent displays another broker’s 

listing, he or she "must 

refresh all downloads and must 

refresh all data at least once 

every seven days.” The agent 

listing the property is responsible 

for ensuring that all listing 

information is current. 

The following steps are also recommended 

when placing 

another broker’s listing on 

Craigslist.com or in any other 

advertising. 

• Obtain written permission to 

advertise the listing. 

• Gain the listing broker’s 

approval for the wording that 

will appear in the post. 

• Keep copies of your agreement, 

as the records may prove helpful 

if an ethics hearing is filed. 

Before you include any listing 

on your Web site or other 

Internet site, you should also 

check the listing’s Internet 

field. When the listing was 

entered in the MLS system, the 

listing broker provided advertising 

guidelines for the listing. 

The Internet field covers three 

options in the following order: 

1. ABoR Approved Web sites: 

The first “yes/no” option 

addresses permission for the listing 

to be placed on Realtor.com 

and Austinhomesearch.com. 

2. IDX: IDX is a policy set 

forth by the NAR governing 

the Internet display of property 

information. A “yes” in the 

second question in the Internet 

field means that the listing broker 

has approved other brokers 

to advertise their listings on 

IDX-approved sites. Brokers 

who have opted out of IDX 

participation may not advertise 

other brokers’ listings. 

3. Property Address (Internet): 

With the final yes/no option, a 

broker who has agreed to IDX 

participation can determine 

whether or not the address of 

the property is displayed online. 

If you have any questions regarding the validity of your advertising actions, contact Sally 

Yaryan in the Professional Development and Education Department at 512/454-7636, ext. 

1600 or syaryan@abor.com. 


Legal 

Topics 

Reviewing Title Commitments 

and Schedule B Exceptions 

By John F. K. McGill | Hancock & McGill L.L.P | Attorneys at Law 

Paragraph 6A of the TREC 

Residential Condominium and 

Unimproved Property contract 

forms calls for a seller to provide 

a buyer with an owner policy of 

title insurance and sets out the 

exceptions to coverage which will 

be permitted in that policy. 

Paragraph 6D of these contract 

forms gives the buyer the right 

to object to defects, exceptions or 

encumbrances to title other than 

those permitted in Paragraph 6A. 

The buyer will find the title 

defects, exceptions and encumbrances 

in Schedules B and C of 

the title commitment. 

Schedule C contains the title 

company’s requirements for issuing 

a policy. Unless the requirements 

of Schedule C are met the 

title company is not required to 

issue a policy. It is on Schedule 

C that liens that must be paid off 

or otherwise released will be 

found. Schedule C also contains 

standard requirements such as 

payment of the policy premium, 

payment of the sales price, payment 

of taxes and recording of 

documents creating the interest 

to be insured. 

Paragraph 6D of the TREC contracts 

states that the requirements 

in Schedule C of a 

commitment are not waived by a 

buyer failing to object to them. 

They are requirements, not 

exceptions. 

Schedule B of a title commitment 

sets out items that the title 

insurance policy will not cover. 

Title insurance is like other forms 

of insurance in that the insurer 

may list items they will not cover 

under the policy. An example of 

this is a health insurance policy 

excluding preexisting health 

problems. 

If a buyer does not like the list of 

items that the title company is 

going to exclude from coverage 

by listing them on Schedule B, 

the buyer may object to those 

items, unless the items are permitted 

under Paragraph 6A of 

the TREC contracts. If the buyer 

does not object to Schedule B 

items within the time period set 

out in Paragraph 6D of the 

TREC contracts, the buyer has 

waived the right to object to the 

items — which means the buyer 

has agreed to accept a title policy 

that excludes those items from 

coverage. 

Paragraph 6A says the standard 

printed exceptions to title insurance 

promulgated by the Texas 

Department of Insurance are permitted 

exceptions as are subdivision 

restrictions and utility 

easements shown on a subdivision 

plat. There are some exceptions 

that title companies 

regularly make which are not 

permitted by Paragraph 6A, but 

which buyers typically accept. 

Examples of these are rights of 

parties in possession and visible 

and apparent easements. At least 

one prominent title underwriter 

has begun including an exception 

to oil, gas and minerals on and 

under the property, even though 

there may not be an existing reservation 

of the oil, gas and minerals 

or rights pertaining to them. 

Mineral exceptions are the type 

of exception to coverage that a 

prudent buyer would want to 

object to in order to limit the 

scope of the exclusion from coverage. 

Mineral exceptions, particularly 

those based on actual 

documents other than mere 

underwriting procedures, are a 

title defect that a buyer may use 

to terminate a contract. 

When a buyer objects to Schedule 

B items, Paragraph 6D gives the 

seller 15 days to cure the objections. 

If the seller fails to cure 

the objections in that period the 

buyer may either waive the objection 

and close or the contract terminates 

and the earnest money is 

refunded to the buyer. 

John F. K. McGill is a partner in the Austin law firm of Hancock and McGill, L.L.P., where he practices 

residential real estate law. He received his B.A. from Rice University and his J.D. from The 

University of Texas. McGill is a qualified court-appointed mediator and a member of the State Bar of 

Texas. 


Foundation Recognizes 13 Local High School Students with Scholarships 

Each year, the ABoR Foundation presents 10 exceptional 

high school seniors with $1,000 scholarships 

to aid them in their collegiate pursuits. This year, 

however, ABoR is proud to announce that 13 students 

received scholarships in honor of their academic 

ability, extracurricular involvement and 

employment histories. 

This year’s top award, the $2,000 Diane Strickland 

Memorial Scholarship, goes to John Guthery of 

Bastrop High School. Our $1,000 scholarship recipients 

and benefactors are as follows: 

• The Kay Andrews Scholarship: Lauren Collins 

of James Bowie High School; 

• The Cord Shiflet Scholarship: Hannah 

DeMartini of James Bowie High School; 

• The Eric Moreland Scholarship: Taryn Gilland 

of San Marcos High School 

• The Kathryn Scarborough Bechtol 

Scholarship: Jacob Hanzel of San Marcos High 

School; 

• The Dee Shultz Scholarship: Kasey Morgan 

Kellar of Smithville High School; 

• The Susan Doyle Scholarship: Wade Allan 

Langley of Lampasas High School; 

• The Eva Kush Scholarship: Ashli Lawson of 

James Bowie High School; 

• The Lisa Foster Scholarship: Carrie Maenius of 

L.B.J. High School; 

• The Randy Newman Scholarship from Cricket 

Communications: Ross McClendon of Hays 

High School; 

• The Falcon Point Scholarship from Newland 

Communities: Charissa Mureen of Lake Travis 

High School (daughter of REALTOR ® Abby 

Mureen); 

• The Teravista Scholarship from Newland 

Communities: Laura Murray of Lake Travis 

High School (daughter of REALTOR ® Ann 

Jeanette Farrer); and 

• The Marjorie Ogle Memorial Scholarship: 

Caitlin Richter of Leander High School. 

The ABoR Foundation received many applications 

this year and is very proud of its scholarship winners. 

ABoR wishes the best of luck in their collegiate 

pursuits to all of these outstanding high school 

seniors. 

The Austin Board of REALTORS ® 

thanks 

CenTex House Leveling 

for sponsoring the June 


Applied Inspection & Engineering, Inc. 

We specialize in Engineering Inspections of 

Concrete Slab-On-Grade Foundations 

for Buyers and Sellers of Residential 

and Light Commercial Real Estate 

Contact us to discuss your engineering inspection needs 

JEFF JACKSON, Ph.D., P.E. 

Phone: (512) 281-5499 

FAX: (661) 280-2082 

Email: jackson6tx@aol.com 

www.aietexas.com 


April 

Facts & Figures 

Apr. 2007 

Apr. 2006 

2,313 

2,172 

Apr. 2007 

Apr. 2006 

Apr. 2007 

Apr. 2006 

$250,258 

$234,601 

180,000 200,000 220,000 240,000 260,000 

Average Sales Price 

$185,000 

$174,000 

1,000 1,500 2,000 2,500 3,000 

Number of Homes Sold 

150,000 160,000 170,000 180,000 190,000 

Median Sales Price 

Apr. 2007 

Apr. 2006 

8,354 

8,123 

Apr. 2007 

Apr. 2006 

58 

58 

4,000 6,000 8,000 10,000 12,000 

Active Listings 

50 60 70 80 90 

Average Days on Market 

Boost in Austin Real Estate Market for April 

Though a continued slump in home sales throughout 

the nation persists, Austin has maintained its 

strong level of sales. April statistics show a refreshing 

burst in number of homes sold. 

Single-family home sales increased a total of six percent 

in April, as did the median price. The Austin 

area median price remains affordable compared to 

the national median price, which averaged $212,300 

in the first quarter. 

Townhouse and condominium sales continue to be 

an Austin-area real estate strong point, pulling in 

$49,615,118 for the local economy. The 266 townhouse/condominium 

properties sold represent a two 

percent increase in sales from one year ago. 

Free Estimates 

SUPRA Keys Available 

Diamond Sponsor 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

Funding Out of Closing 

Financing Options 

Next Day Appointments 

CenTex House Leveling is one of the only “full 

service” foundation repair companies in Austin. 

Whether your property has a pier and beam or 

slab foundation, CenTex House Leveling has the 

personnel, resources and experience to ensure 

your closing is completed in a timely manner. 

Flexible Scheduling 

1120 East 52nd Austin 

4 4 4 - L I F T 


ABoR Foundation to Host Family Fundraising Event at Dell Diamond 

Continued from page 1 

network with your real estate 

industry colleagues while making 

a charitable contribution. 

Tickets for the ABoR Foundation 

Evening at the Dell Diamond are 

$20 for adults and $10 for children 

under 10 years. Ticket 

price includes food, beverages 

and reserved seating for the 

game. Proceeds will benefit the 

ABoR Foundation. 

To purchase your tickets, contact 

Judy Cretney of Stewart Title 

Austin at 512/322-8703 or jcretney@stewart.com. 

The Dell Diamond event, as well 

as the distribution of the scholarship 

program, are made possible 

with the help of the volunteer 

leaders of the ABoR Foundation: 

Carol Medley Parker of Coldwell 

Banker United, REALTORS ® , 

chair; John Rosshirt of Stanberry 

and Associates, vice chair; Kay 

Andrews of AvenueOne 

Properties; Cathy Coneway of 

Stanberry and Associates; Jim 

Garrison of Stewart Title Austin; 

John Horton of Realty World- 

John Horton; Brian Pittman of 

Eagle REALTORS ® ; and Cord 

Shiflet of Moreland Properties. 

For over 20 years, the ABoR 

Foundation has provided scholarships 

to local high school seniors, 

assisted REALTORS ® in need and 

conducted volunteer work in the 

community. The Foundation is 

funded exclusively through donations 

and fundraising events. 

For more information or to make 

a donation, contact the ABoR 

Professional Development and 

Education Department at 

512/454-7636 or by e-mail at 

education@abor.com. 

New Designated REALTORS ® 

David Busker 

MB Capital Investment 

Eric Garcia 

Exit Realty Bee Caves 

William P. McCluskey 

McCluskey & Associates, Inc. 

Martha Satterfield 

MC2 Investments 

David A. Corey 

Corey Real Estate 

Pedro Gomez 

MYPADMYWAY 

Sean Murphy 

Dayton Abrego, LLC 

Michael D. Stamm 

Michael D. Stamm, Appraiser 

Chad Dobbs 

Dobbs Real Estate & 

Investment 

Mike Erhardt 

Hillbrook Enterprises 

Brian Everhard 

Hill Country Listings, Inc. 

Mark Griffith 

Griffith Real Estate Services 

Chris Horne 

Mod Real Estate Company 

Lauren J. Lamm 

Lauren Lamm Appraisal 

Services 

Renata Myers 

AM FM Properties 

Doyal Nelms 

Team Group Systems, Inc. 

Elizabeth Rogers 

West Eden Properties 

Steven B. Taylor 

Austin Interests, Inc. 

John-David Torian 

Index Austin Real Estate, 

Inc. 

Classifieds 

WANTED 

RE/MAX directional signs and marketing 

items. Rebecca Queen, 

RE/MAX Capital City, 512/646-1331. 

FILE CABINET FOR SALE 

Five drawer vertical file cabinet in 

good condition. Tan in color, tons of 

storage, runs $500+ new. Selling for 

$150. 512/801-2327. 

FOR SALE 

Fifteen lockboxes, $45 each. Call 970- 

6655. 

FOR SALE 

Generic “for sale” and “open house” 

signs, stakes, rider signs and curbside 

flyer stake and box. Call 345-3701. 

LOOKING TO BUY OR SELL 

SOMETHING? 

Classified ads are free for members to 

advertise their used office equipment, 

furniture or computers. Submit your 

ad (maximum of 30 words, including 

contact info) to marketing@abor.com 

or fax to 512/454-5369, attn. 

Marketing, by the 15th of the month 

for the next month’s issue. 

Condolences to REALTOR ® Carl Sturman and family on the loss of his mother, Bettianne Sturman. 

Condolences to the family and friends of REALTOR ® Elizabeth (Liz) Hogue, who passed away in mid-May. 


AUSTIN REALTOR ® 

Quarry Oaks Atrium 

10900 Stonelake Blvd., Suite 100 

Austin, Texas 78759 

PRSRT STD 

U.S. POSTAGE 

PAID 

Austin, TX 

Permit No. 1244 

2007 

Diamond 

Sponsors 

The following Affiliate members of the Austin Board of REALTORS ® 

are 2007 Diamond Sponsors. These sponsors have volunteered additional 

financial support to the Association’s programs. Please remember 

them when doing business, and always use an Affiliate first.

June 07.qxd - Austin Board of REALTORS

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?