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May/June 2009

Colorado®
REALTOR www.ColoradoREALTORS.com

INSIDE: New CO Detector Rule: 5 | Media Influence: 8 | Summer Conference: Pg 18

Technology Info
for REALTORS®
U.S. POSTAGEPAID pages 12-16
PERMIT#751
DENVER, CO
PRSRT STD

309 Inverness Way South


Englewood, CO 80112

A publication of the
Colorado Association of REALTORS®
[page 2]
Table of Contents
Life is Meant to Be Fun................................................................................4
What REALTORS® Must Know About HB 1091....................................5
Real Earnin’ Power - Knowledge.............................................................6
2009 Calendar of Events............................................................................6
1031 Exchange (QI) Law Enacted............................................................7
Media Influence............................................................................................8
Legal Digest................................................................................................. 10
News Bytes....................................................................................................11
Protect yourself from social media predators................................. 12
10 Free Web Tools to Make Life Easier................................................ 13
11 New Tech Gadgets for real estate professionals....................... 14
Counsel Corner........................................................................................... 16
Connect With Your Inner Leader.......................................................... 17
Learn, Relax and Enjoy at Summer Conference! . .......................... 18
REALTORS® Helping Save Lives............................................................. 19
Shhh! CARHOF is Holding a Silent Auction..................................... 22
Invest in PSF!................................................................................................ 23

The COLORADO REALTOR® is published by the: makes no warranties and assumes no responsibility for the accuracy
Colorado Association of REALTORS® or completeness of the information contained herein. The opinions
309 Inverness Way South, Englewood, CO 80112 expressed in articles are not necessarily the opinions of the Colorado
Association of REALTORS®.
(303) 790-7099 or 1-800-944-6550
This is a copyrighted issue. Permission to reprint or quote any material
FAX (303) 790-7299 or 1-800-317-3689. from this issue is hereby granted provided the Colorado REALTOR ® is
given proper credit in all articles or commentaries, and the Colorado
EDITOR: Tyrone Adams, tadams@coloradorealtors.com Association of REALTORS® is given proper credit with two copies of any
ADVERTISING/DESIGN: Monica Panczer, mpanczer@colorado- reprints.
realtors.com The term “REALTOR ®” is a national registered trademark for members of
the National Association of REALTORS®. The term denotes both business
The Colorado Association of REALTORS® assumes no responsibility for competence and a pledge to observe and abide by a strict Code of
return of unsolicited manu­scripts, photographs or art. The acceptance Ethics. To reach a CAR director who represents you, call your local
of advertising by the Colorado REALTOR does not indicate approval
® association/board.
or endorsement of the advertiser or his product by the Colorado
Association of REALTORS . The Colorado Association of REALTORS
® ®

[page 3]
Life is Meant to
Be Fun
Amy Dorsey, 2009 CAR President

Our lives are directed by natural cycles, Awards. Kit believed on a State level we too
tradition, and customs. While at times it could support the charity of our Members.
seems many of the traditions and customs Recently, Kit brought to my attention,
are going or have gone from our lives, most that CAR had not provided our usual strong
of us maintain at least a few traditions and promotion of the local Associations and State
routines from year to year. As REALTORS® we sponsored charitable events. Those of you
have annual routines, aka events, which we fortunate enough to know Kit understand
have held for many years. And, we have a few when I say he is a consummate gentleman.
which are new to our Association. So, when I received a well written e-mail very
In 2007, when Kit late one evening from Kit, I knew
Cowperthwaite was CAR I had transgressed. Other than
President, he initiated Team focusing on programs which will
Colorado REALTORS®. The intent support the Consumers wanting
was participation by Colorado to buy homes and helping our
REALTORS® in an “event or Members sell homes, I was
program to better Colorado’s remiss. One of my goals this
communities and/or residents”. year is also continuity within our
Many of our local REALTOR® Organization.
Associations have charitable We have had exemplary past
causes which they support and/or sponsor. Leadership at CAR. During Past-President
These range from community clean-ups Zadel’s strategic planning a couple of years
to Relay for Life, Brent’s Place 3K Fun Run/ ago, we decided we needed to maintain
Walk, and the MS-150 Colorado Bike Tour. the efforts of these past Leaders; our strong
Typically, these events are hugely successful programs; events; and speak with one
and great public relations for REALTORS® as a voice. So, when Kit said “I hate to bother
whole. Former President Cowperthwaite not you with this but…” I realized I was not
only sought CAR’s support of local charitable doing everything I should or could. We have
events, but he was intent that focus be on thought so much about home sales, we have
what we (REALTORS®) do to support and forgotten that life should still have flavor,
contribute to our communities. WE are a color, and dare I say it…life is meant to be
generous lot. It’s because of this generosity, FUN. So, I’m thinking, it’s time to get back to
depth of caring, and compassion of our it…let’s begin thinking about life as well as
Members; NAR has programs which include real estate.
the Good Neighbor Awards and the Hope
continued on page 20

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[page 4]
What REALTORS® Must
Know About HB 1091
A Carbon Monoxide Alarm: • A seller of residential real property
• Detects Carbon Monoxide and produces a is responsible for assuring that an
distinct, audible alarm; operational carbon monoxide alarm is
• Conforms to standards recognized by properly installed.
independent product-safety testing • A buyer of residential real property shall
laboratories; have no claim for relief
• Is battery powered, plugs against any REALTOR® for
into a home’s electrical damages resulting from the
outlet and has a battery operation, maintenance, or
backup, or is connected effectiveness of a carbon
to an electrical system monoxide alarm if the
via an electrical panel; REALTOR® complies with
• May be combined with a the law.
smoke detecting device
if the combined device Nothing in the legislation
has signals that clearly precludes local
differentiate between the two hazards. governments from adopting or enforcing
more stringent requirements for the
Carbon Monoxide Alarms must be: installation and maintenance of carbon
• Installed in all homes with a fuel-fired monoxide alarms.
heater or appliance, a fireplace, or an
attached garage;
• Installed within 15 feet of the entrance to
each room lawfully used for sleeping.
What a REALTOR® Needs To Know!
• By July 1, 2009, the Real Estate
Commission will require each listing
Colorado’s finest selection...
contract for residential real property to extraordinary service
disclose the requirements specified by
HB-1091.
• No person shall have a claim for relief
against a property owner or their
authorized agent if a carbon monoxide
alarm is installed in accordance with the
manufacturer’s published instructions.

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[page 5]
Real Earnin’ Power
Knowledge
Now is a great time for you to take advantage of the numerous and various educational offer-
ings your REALTOR® associations are making available to you. The following are some of the
upcoming educational offerings that are available. Register online today for the topic of your
choice at www.ColoradoREALTORS.com under the Education tab.

Local Association Sponsored NAR Green Designation- Residential


Check with the following local association for Elective Course
more upcoming CE courses offered and to South Metro Denver, CO May 6, 2009
register, unless otherwise noted. Glenwood Springs, CO October 9, 2009

SRES Institutes, Societies and Councils


Denver, CO May 18-19, 2009 CRS-205 Financing and Tax Advantages for
www.jcar.com Agents and their Clients
Aurora, CO May 18-19, 2009
Resort and Second Home Markets
Vail, CO August 11-12, 2009 CRB: Marketing Management: Attract and
Keep Customers for Life
NAR Courses Keystone, CO July 27-28, 2009
NAR Green Core Course
Vail, CO August 27-28, 2009 Online Education Opportunities at
Glenwood Springs, CO October 7-8, 2009 www.ColoradoREALTORS.com/Education
Make “Green” a Part of Your Marketing
RESPA Review online course
Seller Representative Online Course

2009 Calendar of Events


May October
11-16 NAR Midyear Legislative Meeting 18-20 REALTOR® World - CAR Convention
and Expo - Washington D.C. The Broadmoor, Colorado Springs
June 18-21 CAR Business Meetings
8-11 CAR Summer Conference & Bus. The Broadmoor, Colorado Springs
Meetings - Crested Butte November
27-28 MS Bike Tour-Denver to Ft. Collins 13-16 NAR Convention & Meetings
San Diego, CA

Go to www.ColoradoREALTORS.com for more information on these events and meetings.

[page 6]
1031 Exchange (QI) Law Enacted
By: Kennen S. Cohen

A recent law in Colorado provides new of any change in control within two (2) busi-
protections for real estate investors who uti- ness days after the date of the change.
lize a qualified intermediary (QI) to complete Financial Insurance and Errors and Omission
a tax deferred exchange involving property Insurance or Deposits: The QI must maintain
located in the State. HB 09-1254 (the “QI Act”) adequate insurance specifically, a Fidelity
was signed by Governor Ritter on April 16, bond of at least $1 million and Errors and
2009. The new QI law establishes regulations Omission (E & O) insurance of at least $250,000
governing QIs who participate in tax deferred or deposit cash or irrevocable letters of credit
exchanges involving investment property in at least the amounts specified above.
located in Colorado. Withdrawal Authorization: Requires both
In enacting the new rules, the Legislature the QI and taxpayer’s authorization for the
responded to several recent cases involving withdrawal of exchange proceeds on deposits
QIs located in or doing business in Colorado over $250,000.
that resulted in significant financial losses for Investment of Exchange Funds: Requires
Colorado real estate investors. written notification from the QI to the
HIGHLIGHTS OF COLORADO’S 1031 EX- taxpayer of the manner in which exchange
CHANGE CONSUMER PROTECTION proceeds held on behalf of the taxpayer will
The new law applies to QIs who: (i) main- be deposited and invested. These provisions
tain an office in Colorado, or (ii) to QIs located also prohibit the commingling of exchange
outside Colorado who teach seminars or who proceeds among multiple taxpayers.
participate in exchange transactions involving
the transfer of investment property located in Kennen S. Cohen is Division Manager for Asset
the State. A QI subject to the QI Act must: Preservation, Inc. (Questions: 866-601-1031 or
Change in Control: Notify all current clients email: kennen@apiexchange.com ).

[page 7]
Media Influence
By: Lawrence Yun, NAR Chief Economist

The media has a lot of influence in determin- wants to pro-


ing the confidence of homebuyers. True or mote policies
not, that is the belief among REALTOR® mem- that replicate
bers. In my recent trip to South Carolina, a the American
local association showed me a survey of mem- market where existing home sales become
bers which showed that nearly 90 percent the norm (about 80 percent of home sales
of respondents indicated that the media is in Japan are new homes, with a high level of
overplaying the fallout of the housing market demolitions of existing homes). Many were
and, hence, artificially dampening home sales. greatly surprised to know that more than
two-thirds of the U.S. was experiencing home
I encountered similar stories from across the
price gains, as I showed price trends according
country. In Columbus, Ohio, where the median
to OFHEO.
home price is hovering at $150,000 and with
no sign of any price bubble, several REAL- The U.S. housing market is down to be sure
TORS® told me of having spent several weeks - but it is far from out. Foreclosures are unac-
with a buyer prospect, driving around and ceptably high and we must seek solutions to
showing homes, only to have them suddenly mitigate the pain. At the same time, what is
back out of the marketplace. The client expla- lost in many stories is that home prices are
nation was always the same: “it is not yet the rising in half of the country according to NAR
right time - I just read a story of a collapsing data and much more than half of the coun-
housing market.” The same was heard be it in try and in nearly all rural areas according to
Kansas City, Buffalo, Boston or Detroit. OFHEO. Only the very limited market coverage
of Case-Shiller price index show consistent
While in Japan last year, I encountered a
and widespread price declines. (Some aspect
depressing perspective regarding the U.S.
of the Case-Shiller price declines could be
housing market too. Nearly all of the Japa-
due to a sizable mis-measurement of overly
nese press I interviewed with were initially
exuberant price gains during the boom). Yet,
relating the U.S. housing market conditions
Case-Shiller price data gets far more play in
to those found during the Great Depression,
the national media.
with people losing homes left and right. The
Minister of Land, who had been seeking to
introduce mortgage securitization into the
To read more of this article visit www.realtor.
country, asked me about what it is like to
org/research/economists_outlook/commen-
experience mortgages disappearing from the
taries/commentary_media_influence.
market place. Fortunately, after the discus-
sions they all came away with a view - I believe
- that the U.S. housing market is not as bad as
portrayed as in the media. The Land Minister

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[page 8]
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[page 9]
Legal Digest
Earn Commissions Helping Buyers Use
Homestead Exemption
By: Jon Goodman

Consider the following buyer, Frank, in your Post closing, Frank has $80,000 of “gross” eq-
sphere of influence. He saved his nest egg uity in his home. If, however, a judgment lien
over a successful 25 year career. Frank ac- creditor foreclosed on his home and re-sold
cepted a buyout from his employer in another it, that creditor would have costs of sale of
state and took early retirement to begin his approximately $20,000 so, in the terminology
encore career, starting a new small business in of this article, Frank has $60,000 of net equity
Colorado. He funded his venture with his own in his home. As a consequence, Frank’s home
savings, the proceeds of his buyout and by could not initially be taken by the Bank if the
borrowing $200,000 from the Bank. Since he Bank sued Frank for his losses.
was new to Colorado, Frank did not immedi-
ately buy a home upon arriving here, and is The nuances of taking full advantage of the
instead renting a house. homestead exemption cannot be fully vetted
in this article. Frank hopes that his home will
Unfortunately, Frank’s business is failing. It appreciate, in which case he’ll have more than
has yet to produce a profitable quarter, start $60,000 of net equity. By amortizing his debt,
up losses were above projections, and losses he would also hope to build his equity above
have begun to grow. Frank has drawn his the homestead exemption. If Frank were to
saving down to $80,000. Unless things turn file bankruptcy shortly after buying his home,
around quickly, Frank will shut the business some creditors would argue that he has
down, leaving him liable for the $200,000 debt abused the homestead exemption.
with only $80,000 to pay it back.
Borrowers facing financial disaster shouldn’t
Is there anything Frank can do to legally put their last nickel into a home without first
shelter his last $80,000 from the reach of consulting a lawyer, yet one of the counterin-
the Bank? tuitive things about our current economy is
that with a little education, some consumers
The Colorado legislature, and the law mak- facing financial disaster should be motivated
ers of almost every state, has decided that buyers.
there are certain assets that should be beyond
the reach of creditors (unless the borrower
voluntarily pledges such an “exempt” asset as
collateral). Colorado’s homestead exemption
allows a debtor to shelter $60,000 of net eq-
uity in his or her home. (CO ST § 38-41-201(1)
(a)). If the debtor is 60 or over, the homestead
exemption shelters $90,000 of net equity. (CO
ST § 38-41-201(1)(b), 2(b)). The amount shel-
tered is the value of the home, after deducting
the mortgage debt and the reasonable costs
of sale (CO ST § 38-41-206(4)).

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[page 10]
RIGHT TOOLS
News Bytes RIGHT NOW.
Pueblo REALTOR® Appointed to CREC financial situation. In addition, his worker’s
Doug Ring, a REALTOR® from Pueblo, and compensation coverage is minimal compared
Jill Ozarski of Denver were appointed to to the medical bills and their everyday living.
3-year terms by Governor Ritter to serve on Jerry really needs our help.
the Colorado Real Estate Commission. The A fund named after Jerry O’Neill has been
Commission is composed of five members set up to help Jerry and his wife get through
appointed by the Governor. Three members these extremely tough times. Donations
are brokers with more than five years of can be sent the Jerry O’Neill Fund c/o Grand
Colorado real estate brokerage experience. Mountain Bank, 337 East Agate Ave. (P.O. Box
Two members represent the public at large. 964) Granby, Colorado 80446.

Tragedy Strikes Former Colorado REALTOR® 2009 Colorado Parade of Homes


Jerry O’Neill a well known former Colorado HBA of Metro Denver
REALTOR® that worked in the Aspen and June 5- July 5, 2009
Granby area for Sotheby’s and was one of the http://denverluxuryhometour.com/
original CRS instructors who worked for Bill
Moore was the victim of a shooting that took HBA of Northern Colorado
place in South Carolina where he resumed his Weld and Larimer Counties
career as a REALTOR®. September 12-27, 2009
It has been reported that the unfortunate http://www.coloradoparade.com/bf/co/
incident happened over a dispute of $1,000 hbanco/mem/index.jsp
earnest money deposit with an elderly
client whom he had a good relationship. Right Tools, Right Now
The shooting has left Jerry and his wife Make sure you are taking advantage of the
who also has health concerns in a difficult many products and services NAR is offering at
www.Realtor.org.

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[page 11]
protect yourself
from social media predators
by: Tyrone Adams

Is the Social Media world a safe place to that security experts are warning social media
network? Just recently, I was bombarded users that a new strain of the Koobface virus
with responses and e-mails from people on is hitting Facebook and other Web 2.0 media
my Facebook that told me I sent out a video sites.
that claimed they were captured in a video I
Virus writers are also creating fake profiles
had of them and one even better or worse I
of celebrities, real friends or business associ-
was in a video naked!
ates hoping people will link with them. Users
My first feelings were one of embarrassment, can be tricked into linking to the fake profile,
then it turned into feeling bad for those which can be loaded with various forms of
whose anti-virus programs didn’t catch it and malicious software, like they did with me.
those who don’t have one and I didn’t even
What happens then is users who respond to
send anything out! The funny part to this not
a fake e-mail initiate a program
so funny issue is it piqued quite
that rifles through your hard
a few people on my network’s
drive and installs malicious
interest enough to open it! It
turned out somehow someway Get a reputable anti- software and sends the same e-
mail to all of your friends in your
a virus attacked my contact list virus program to help Facebook profile creating a chain
in Facebook, I was told it could
protect your system. reaction.
have happened when I opened a
link from my Outlook e-mail from The following are some tips I
a “friend on Facebook.” collected from various sources to
share with you on how to protect
Obviously it was someone phishing for my
your privacy engaging in Social Media.
information- passwords etc… But how was I
supposed to know that I shouldn’t open it if I First Steps to Avoiding Viruses
got a Facebook reminder from my e-mail? I’ve
How to protect yourself: Get a reputable anti-
done it before without any problems. Did you
virus program to help you avoid viruses, mal-
know that? It was a real eye opener and re-
ware, spyware, and software that bog down
minder for me that you have to stay on guard
your computer. Some people on my network
with social media sites just like everything else
told me it took their technology staff all day to
in someone else’s control.
recoup their information.
After a little research into the issue I learned
Continued on next page

[page 12]
10 Free Web Tools to Make Life Easier
1. Mint.com: This secure financial management 6. Yelp.com: If buyers are new to the area, send
tool pulls data from your checking accounts, savings them here. Neighbors review local restaurants, spas,
accounts, credit cards, mortgages, and other loans doctors, plumbers, and more.
to help you track expenses.
7. Billshrink.com: Discover hidden fees in your
2. Zenbe.com: Have multiple e-mail addresses? credit card accounts and cell phone bills, and get
View all your mail in one inbox, and check in with recommendations for lower-cost alternatives.
Facebook and Twitter from the same screen.
8. GasBuddy.com: Do some comparison shop-
3. GetDropBox.com: Back up your important ping before you fill up. Get a listing of what the gas
documents and e-mail messages. This tool syncs stations in your area are charging per gallon.
with your computer to save documents and allows
you to access them via the Web from any computer. 9. FotoFlexer.com: Touch up your photographs,
create effects, and adjust lighting to create high-
4. Everyscape.com: This alternative to Google quality images worthy for marketing materials.
Earth lets you view three-dimensional images of
streets and cities at eye level. 10. DesignSpongeOnline.com: Do-it-
yourselfers on a budget will love the easy home
5. Inhabitat.com: For home owners who want decorating projects and gift ideas.
to go green, this eco-friendly design blog provides
tips and inspiration. Source: REALTOR Magazine April Issue

Strangers seeing your personal data purpose behind social networking sites is to
enable you to connect with friends and col-
How to protect yourself: Be careful about
leagues. What they don’t say is that ‘their real
the information you choose to post on social
purpose is to mine your data and sell it to the
networks because you don’t always know
highest bidder.
who is viewing it. People should assume the
content they put online is going to be public. Difficulty deleting information
That means you should use common sense
How to protect yourself: Make sure you
before you publish sensitive information, such
understand the policies of social networking
as your birth date or your physical address.
sites when it comes to deleting your personal
People seeing what you’re doing information or profile content. Understand
that postings you sent to other users, or
How to protect yourself: Turn on privacy set-
content friends copied off your profile or blog,
tings to select “who” can see “what” in your
can remain online for eternity. Assume that
profile. Many photos and entries of informa-
everything you put online is forever.
tion are time-stamped; meaning that the date
and time you post it is recorded and shared As great as social media sites can be, the
with your network of friends or connections. bad guys are coming for you! Make sure you
Some sites, such as LinkedIn, have adopted protect yourself.
privacy policies to never share your informa-
tion with other users without your consent.

Personal data used for marketing

How to protect yourself: Read the fine print


before you sign up for any service. Most social
networking sites are for-profit companies,
and advertising keeps membership free. The

[page 13]
11 New Tech Gadgets
for real estate professionals
So what cool features are available for all and schedule management. Voice control and
your favorite business tech gear? This year’s text to speech conversion are also featured.
Consumer Electronic Show, which each year No word yet on when it will arrive in the
offers a preview to cutting-edge tech products United States, but the concept could become
that will soon be hitting the market, discusses one of many options in future generations of
new twists of common gadgets you use in real smartphones.
estate.
Netbooks
Smartphones Looking for a mobile computing experience
Smartphones continue to get smarter. Here between a smartphone and a true laptop? A
are a few highlights of phone product intro- netbook PC may be the answer. They’re por-
ductions at CES. table Web terminals that also run your favorite
software applications, but you’ll trade some
Multitasking solution: Palm’s brand new Pre screen and keyboard size due to its true porta-
won’t be in stores for a couple of months but it bility. Here are several new models joined this
was pretty much the talk of CES this year. The growing class of sub-notebooks at CES.
phone will be exclusively available through
Sprint (at least initially). For Palm devotees, the Lightweight: Sony’s new VAIO Lifestyle
company’s new response to the iPhone has weighs just 1.4 pounds but it is a full-powered
everything you’d expect from today’s multi- Windows Vista PC. This model has an 8-inch
tasking smartphone: Touchscreen interface; widescreen LCD display, 1.33Ghz processor,
hidden QWERTY style keypad; Wi-Fi and 2GB RAM, and 60GB hard drive. It includes
Bluetooth support; e-mail, text and instant wireless support for mobile broadband, Wi-Fi
messaging; GPS navigation, and its own 3 b/g and Bluetooth wireless connections. Price:
megapixel (MP) camera with flash. It runs on $899
Palm’s newly developed smartphone operat-
ing system, Palm webOS. Added protection: Hewlett Packard is also
targeting mobile real estate professionals
GPS plus phone: The Traveler 137 from GPS with addition of its new Mini 2140 notebook.
provider Pharos Science and Applications Slightly larger at 2.6 pounds, an aluminum
combines the functions of a full-featured case protects its 10.1 inch screen, 1.6Ghz
Windows Mobile smartphone with a stand- processor, 1GB RAM, 80GB hard drive and
alone GPS navigator. The unlocked phone built-in Webcam. This Vista machine supports
will launch sometime in the first quarter. It Wi-Fi b/g and Bluetooth wireless connections.
has a 3.5-inch touchscreen, 3MP camera and Price: $499
supports e-mail, texting and messaging. As a
standalone GPS handheld, it does not require Larger screen: At 2.6 pounds, the Viewsonic’s
a cellular connection in order to provide loca- Viebook has a 10.2-inch screen,1.6GHz proces-
tion information and point-to-point directions. sor, 1GB of memory, 160GB hard drive, WiFi
Price: $599 b/g and Bluetooth, 1.3 megapixel Webcam,
and ships loaded with Windows XP Home.
Clock phone: LG Electronics provided show Price: $429.99
attendees a glimpse of where smartphone
technology could be headed with its GD910 Digital Cameras
Watch Phone. Featuring a touchscreen watch Two digital camera models unveiled at CES
interface, you’ll be able to shift from its clock warrant a look, but for different reasons.
to smartphone mode with a tap and use it Up-close look: Kodak’s Z980 compact has an
for calling, e-mail, Web browsing and contact impressive 24X zoom lens with a 26mm wide-

Continued on next page


[page 14]
angle setting needed for listing photos. It’s a recharge your electronics by simply laying
12MP camera that also can capture images in them on its surface. Several versions will be
the high definition (HD) 16:9 aspect ratio. It available for recharging up to six devices at a
also does video recording. Price: $399 time. Price: starting at $169.99

Cable-free: No more cables when moving Build a home network: If setting up your
pictures from camera to computer or Web. home office network troubles you, the Home
The compact Sony Cyber-shot DSC 3G is the Network Home Network Powerline adapters
latest in a small class of cameras with built-in from Corinex Corp. makes it as simple as plug
support for WiFi b/g for wireless transfer of and play. Plug its adapters into an electric wall
photos. It’s also a 10MP camera with a 3.1-inch outlet and your household wiring becomes
display and 4X optical zoom. There’s 4GB of your network, allowing you to share files or
internal flash memory for storing photos and connect to the Web anywhere there’s a wall
video, and it’s compatible with Sony Memory- outlet. Price: $169.99
Stick flash media.
3D images: You’ll be able to build accurate 3D
New Twists on Older Products renderings of your travels with a service called
Overall, product introductions at this year’s Way2Go from 3DVU for Windows Mobile,
CES were generally more subdued than in past Blackberry and Symbian OS smartphones.
years, likely reflecting the pervasive uncertain- Subscribers can create maps featuring 3D
ty of a sour economy. Rather than rolling out aerial pictures, then access the maps while on
dramatic new breakthroughs this year, much the road with a special viewer for their smart-
more of the emphasis was on refinements of phone. GPS tracking and text and spoken
products already established in the market- directions will be included.
place. Here are a few announcements of some
refined products hitting the market.
Source: REALTOR Magazine Online
Staying charged: PowerMat Wireless Charg-
ing has the answer for anyone tired of trying
to keep up with different AC chargers for
all your mobile gear. Its PowerMat system
delivers the promise of magnetic induction
recharging first discussed a few years ago.
Plug the PowerMat into the wall, and you can

[page 15]
Counsel Corner
This column is a legal resource for local associations, local By: Craig Garby, Esq.
association counsel, and REALTORS®.

The Internet, with its ability to aggregate to reproduce (copy), create derivative works
relevant visual, audio and written information (modify), distribute, publicly perform and
and present the same in a meaningful manner publicly display the copyrighted work. Thus,
through websites, electronic newsletters and for example, if another person copies, modifies
other electronic media, provides real estate or distributes the author’s work without the
professionals with tremendous opportunities author’s permission, then such person is
to connect with sellers and buyers. However, infringing the author’s copyright.
as a result of being able to communicate Contrary to some people’s belief, the
more focused messages to larger audiences, author’s posting of the work to a website is not
it is all the more important that professionals putting the work in the public domain. Thus,
within the real estate industry be aware of the when developing your own website or similar
copyright laws that affect these marketing marketing material, do not simply surf the Net
activities. This article briefly outlines copyright and take others’ images, sound or text without
laws and how they implicate the selection first obtaining their permission.
of content for websites and other electronic Also contrary to popular belief, the author’s
marketing campaigns. sale of a physical embodiment of a copyrighted
When putting together the images, sound work, such as a book, photograph or brochure,
and text for marketing materials, it is important does not transfer the copyright in such work
to keep in mind one simple rule: Do not use to the purchaser. Thus, even if you purchase
another’s work without their permission. To a photograph from a photographer, you may
understand the metes and bounds of this rule, not copy that photograph or distribute that
we need to understand the basics of copyright photograph (other than the actual photo you
law. At the core of copyright law, as soon as first purchased) without the photographer’s
someone takes an original expression (i.e., written consent.
not a copy of someone else’s work) and fixes So, when developing content for your
that original expression to a tangible medium website or other electronic marketing materials,
(e.g., as a photo, recording or written word), make sure that you either have sufficient rights
that person – the “author” – has copyright from the relevant third parties, or create the
rights in the work. The author need not work yourself. When taking “free” images off
register the work with the Copyright Office the internet, make sure you read, understand
to obtain copyright because the copyright and comply with the “terms and conditions”
comes into being automatically (although that accompany such content (often, such sites
there are benefits to registering). The author require you to provide attribution, or perhaps a
need not even put a copyright notice, such link to their site). And be aware that you run the
as “©2009” on the work (although there are risk that the site making such content available
benefits to providing such notice). And the for free might not itself be the copyright owner
author, as copyright owner, has exclusive rights continued on page 22

· Affiliated business · Licensing


arrangements · Listings and contracts
· Commission disputes and · Oil & gas leases
collections · Regulatory matters
· Environmental challenges · Tax matters

R
· Homeowners’ · Title issues
othgerber Johnson & Lyons has more associations · Trials/appeals
than 30 years’ experience advising real · Insurance
estate brokerage firms across Colorado
Contact Dick Clark at 303-628-9531 or
in commercial, residential, property manage- rclark@rothgerber.com
ment, investment, leasing, industrial, resort,
and farm and ranch transactions.
From listing and commission issues to
licensing, regulatory and tax matters, we assist
with the legalities of brokerage needs.

Denver · Colorado Springs · Casper 303-623-9000 · www.rothgerber.com

[page 16]
Connect With Your
Inner Leader
By: Barbara Asbury, President,
Colorado State Chapter – Women’s Council of REALTORS®

The headlines are pretty grim, especially in natural born connectors of resources in all
our industry. The old adage that ‘every dark aspects of daily living. Translated: Relation-
cloud has a silver lining’ is being severely ships are a big deal to us. For the most part,
tested, and while the idea may not appeal to growing up as young women, most of our role
you, I can tell you that leaders are born out of models in leadership have been male - there
times such as this. So are opportunities. One are a few women, but not many – and these
of the ‘Thoughts for the Day’ clippings that role models have come to us with great inten-
live on my desk, and has for the past 10 years tion, and great integrity, passing on many at-
or better, points out that ‘problems are merely tributes of great value that we will use for the
opportunities in drag, and a real mess is a rest of our lives. In this economy, we clearly
whole pile of opportunities in drag’. It’s long need to be very cautious about whom we
been known that when leaders stop learning, develop relationships with, but relationships
they stop leading, so a good leader is always are everything.
on the lookout for a chance to learn more. A
What a fabulous opportunity to explore the
good leader knows how to make the prob-
leadership character of these role models
lems interesting and challenging enough that
and how they affect us when we create con-
everybody wants to get together and solve
nections with them. We build bridges that
them – what better time than right now!
connect relationships from within us, to our
I’m not really sure in my next thought which families, and to all of our outside circles, and
is the chicken….. and which is the egg. Which those circles of influence within our commu-
came first? Popular thinking is that if you are nity become a part of who we are.
a good leader, people will follow you. That
I believe that we are the sum composite of all
could be the first step, but what if you don’t
of the people, experiences, and events in our
know you’re a good leader yet? Do they
lives – the good and the bad – and if you had
surround you and ask you to lead? I think
the opportunity to go back and change some
they do. Maybe not literally, but you get my
of the more challenging things you’ve faced,
point. I think that when times get hard, the
you wouldn’t be ‘you’. That being said, I must
true leaders emerge and lead. History is full
argue with the idea that adversity builds good
of examples of this - case in point: POW’s, con-
character. I think that adversity reveals good
centration camp survivors, hostage situation
character. It was there all along – you just
survivors, etc.
didn’t know it. It took just the right relation-
Women are endowed with innate talents and
skills that are unique to our gender. We are continued on page 21

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Provide your clients with a FREE advanced estimate of their title


insurance and closing costs.
Log on and Get a Quote

[page 17]
Learn, Relax and Enjoy!

2009 CAR Summer Conference • June 8-11, 2009


Go visit “Colorado’s Last Great Ski Town” and “The Wildflower Capital of Colorado” by attending
the 2009 CAR Summer Conference and Business meetings that will be held June 8-11 at
the Crested Butte Mountain Resort and Conference Center. Register online today at www.
ColoradoREALTORS.com.

Summer Conference Schedule of Events


Sponsored by: Gunnison Country Association of REALTORS®
MONDAY, JUNE 8 plan to succeed at negotiations, sales and
1:00 pm to 5:00 pm more.
Selling Energy Star, Selling Confidence
($40, 4 hours CE) EDUCATION COURSES
Location: The Lodge at Mountaineer Square The following classes will be available at the
Register through Gunnison Association Summer Conference for $20, or for Free if you
select the “all conference package.”
5:00 pm – 7:00 pm
Mountain Region Hosted Reception: The 1:30 pm - 2:45 pm
Mountain Region reception is always first- 7 Keys to Short Sale Success, Jon Cole
class! Come mingle with your mountain and Foreclosures are a growing part of today’s real
resort area colleagues and enjoy some great estate market. If you are looking for a way to
food and beverages! Location: Maxwells help distressed homeowners avoid foreclosure
by assisting them through a short sale, this is
TUESDAY, JUNE 9 the class for you.
7:30 am
3K Fun Run/Walk ($10) 3:00 pm - 4:30 pm
Sponsored by: Realty TMS Legal Hotline Hot Topics, Steve Morgan
Support REALTORS® for Education and start Here is your chance to get the answers to real
your day off right with a healthy walk or jog. estate related legal questions featuring CAR’s
in-house legal counsel Steve Morgan.
8:30 am - 11:00am
Free Time: Enjoy local recreation - check at 5:30 pm - 6:30pm
registration for a coupon book. PSF Reception - Drinking for Diamonds
Sponsored by: Land Title
8:30 am - 11:00am Make your best investment in real estate by
Future Leaders Breakfast: Learn how to supporting the Political Survival Fund. A $99
become more involved in leadership. donation gives you a chance to win the dia-
mond, or $20 at the door to get in.
11:15 am -1:15pm
Keynote Lunch - “Create Your Own Luck” 6:30 pm - 10:00pm
with Terri Norvell ($55) Flower Power Dinner/Dance ($75)
Ever wonder why some people seem to have Unwind and dine with your fellow colleagues
all the luck? It’s because some people have in 60s style at the Flower Power Dinner/Dance.
adopted a system that enables them to plan After dinner you can kick up your heels and
for luck. You can learn how to create your own dance the night away in your bell bottoms.
luck and incorporate this into your business

[page 18]
REALTORS®
Helping Save Lives

CAR Education Foundation Gives $20,000 for CO2 Education Campaign

The CAR Education Foundation generously donated $20,000 to help fund the Carbon
Monoxide Education campaign that is currently running. This collaborative effort of CAR
Public Awareness Campaign, Education Foundation, Fox31 and the Kidde Corporation mission
is to help raise awareness of the dangers of carbon monoxide and to help residents and visitors to
Colorado protect themselves from harm.

As part of the campaign we asked teens to put as gas oven, ranges and cook
together a :30 second PSA (Public Service tops are inspected for adequate
Announcement) about the dangers of Carbon ventilation.
Monoxide. They must touch on at least two of • Do not burn charcoal inside your
these points in the PSA: home (even in the fireplace) have fireplaces
• Carbon Monoxide is the leading cause of inspected each fall to ensure the pilot light
accidental poisoning deaths in America. burns safely.
• Carbon Monoxide is a colorless, odorless • Do not operate gasoline-powered engines
gas produced by burning material in confined areas such as garages or
containing carbon. basements. Do not leave your car, mower
• Carbon Monoxide poisoning can cause or other vehicle running in an attached
brain damage and death. You can’t see it, garage, even with the door open.
smell it or taste it: but CO can kill you. • Do not block or seal shut exhaust flues or
• Carbon Monoxide is produced by ducts for appliances such as water heaters,
common household appliances we use ranges and clothes dryers.
every day. When not properly ventilated, Teens have between now and May 18th to
CO emitted by these appliances can build submit their :30 second PSA to www.kdvr.
up. com. The winning PSA will be played on
• Early symptoms of CO poisoning such as Fox 31 until the end of the year.
headaches, nausea and fatigue, are often
mistaken for the flu because the deadly For more information about the CO
gas goes undetected in a home. Prolonged Education Campaign contact Tyrone Adams
exposure can lead to brain damage and at tadams@ColoradoREALTORS.com or
even death. 303-790-7099/800-944-6550.
• You should annually inspect your home
for hazards like your home heating system,
your furnace and other appliances, such

Visit the “Resources” tab at www.ColoradoREALTORS.com to learn more


about the above benefits that include discounts on purchasing CO detectors.

[page 19]
President’s from page 4 step outside of your comfort zone. If biking
isn’t your idea of fun or a challenge, self-
Kit is a road biker. And, in his year, as confrontation for you may be attending the
CAR President, he and State Treasurer, Summer Conference and “inspiring your
Scott Matthias, organized Team Colorado passion in Crested Butte” June 8 and 9. It’s
REALTORS® to ride in the MS 150 event. tough to go to a two-day event where you may
Simply put, it is a two day bike ride of not know anyone. Walking into a room full
150 miles which helps raise funds for of strangers, may be more threatening than
Coloradoans who have been stricken with riding a bike for two days. But, the worst which
MS. The funds are used to explore ways could happen is that you see another part of
we can end this devastating disease. Last our extraordinary State, meet other REALTORS®,
year was the second year for Team Colorado and learn something new. We often forget that
REALTORS® to ride in the MS 150. I decided we not only have Buyers and Sellers as Clients,
to ride, I wanted to participate and it but other REALTORS®. They too provide us with
sounded like great fun. I had a new bike, so, “Referrals” also known as Buyers and Sellers. So
I thought I would break it in on the trip from come meet a few hundred new people and give
Denver to Fort Collins and back. yourself a change of perspective for a couple
It was an incredible two days for me. After of days. As CAR’s website states it, “Rejuvenate
the ride, I felt accomplished, to say the least. yourself in Crested Butte. Escape and enjoy the
I was also tired, saddle sore, and a bit banged mountains…” Escape sounds both FUN and
up from a spill. But, I managed to ride the CHALLENGING.
150 miles in two days. I wasn’t the last to I know what I am asking. I was a very
ride across the finish line, certainly not one bashful kid, and have never totally conquered
of the early ones. But, it was wonderful to my timidness in new situations and groups.
ride with hundreds of riders; some with MS. When I got into leadership locally and on a
The ages ranged from a toddler in a child state level, I used to feel so much stress before
seat to probably octogenarians. The weather speaking in front of a group; I would lose my
was terrific, there were rest stops every 10 previous meal(s). I’ve since learned, thanks to
to 15 miles with lots of great snacks; peanut a friend’s advice and CAR’s great Spokesperson
butter and jelly sandwiches, colas, candy, Training, to get up in front of gatherings and
cookies, water, chips, etc. I loved eating high enjoy it. If I can do it, anyone can. However,
carbs and sweets every ten miles. And, I did if these suggestions are not right for you, I
it with abandon. However, the best part know there are many other events in your local
was the camaraderie of riding with others, communities or throughout the State in which
representing Colorado REALTORS®, enjoying you can participate.
beautiful Colorado, and the triumph of doing I’ve loved traveling around Colorado this
something so very different from my normal year meeting many of you. I am so impressed
life. In two days the event raised close to with your hard work and great spirit. I wish
$3million. This year the goal is to raise over you great fortune and good sales this summer.
$3million. So, as a friend of mine often tells I hope to see you in Crested Butte, your local
his children to, “get out of their comfort communities, or perhaps at the MS 150…I’ll be
zones”, I decided to take his advice. It was heartily consuming the snacks at the “pit stops”.
time for a challenge.
I am asking that of you, take time to

[page 20]
Inner Leader from page 17

ship, or just the right circumstance, to allow REALTOR®


you to reveal your true character and your
inner leader. The inner ‘innate’ leader is that
ADVANTAGE
inner voice that speaks to you to encourage PARTNERS
change, that causes you to fight for what’s
right, and necessitates accepting responsibil-
ity for things that quite frankly are ‘not your Take advantage of the following discount
job’. It’s that innate leader that will ultimately programs you get for being a CAR
guide you on your path throughout life. I member.
invite you to take a look at your current situa-
CO Alarms: Purchase high quality Carbon
tion and think that even though things might
Monoxide alarms in bulk at a discount.
look bleak right now the best is still ahead – in
Visit www.logisticssupply.com and use
your career and your life. Women’s Council of
Login:119008 and Password: 7099 or call
REALTORS® is designed not just to help you
866-577-4477, ext 3421.
be successful in your career, but to empower
you to allow your inner leader to emerge and CREC Contracts: Agent Form Manager
become as powerful as we know it can be. real estate contract software is available to
Now, just to lighten things up – 10 ‘Silver CAR members for only $40 for a 12-month
Linings” in This Recession! license. Get your copy today at www.
AgentFormManager.com. Enter coupon
10.People are saving more money now!
code “CAR” during on-line checkout.
(Bigger down payments!)
9.Being ‘cheap’ is cool again! (Spend less on Health Insurance for CAR Members:
designer clothes!) Nicholas Hill Benefit Group, Inc., is proud
to offer you their specialized service created
8. You have more free time to work on
to assist REALTORS® in their search for the
leadership skills!
right plan. To learn more, call 1-866-631-
7. Gas is cheaper now! (Hey….we put on a lot 1709.
of miles….)
6. You’re better prepared for everything! (No Nationwide: CAR members can receive
more rushing off to appointments ½ ready!) a special discount on auto insurance from
Nationwide®. Contact agent Andrew
5. Deals are still getting done! (Maybe not as
Weaver, LUTCF, Mountain Plains
many, but they’re stronger deals)
Agency, LLC, at 877-609-0800, or email:
4. Great talent is a lot easier to find! (The weavea11@nationwide.com.
perfect assistant may be out there now!)
T-Mobile: CAR members can take
3. We realize how important our relationships
are to us! (WCR meetings anyone?) advantage of several discounts. For new
service or to transfer your current number
2. Your family gets to spend time with you! to T-Mobile call 1-866-464-8662 and use
(No more 8x10 glossies taped to your chair!)
promotional code 9727 TMOFAV; Existing
1. YOU have never been more important in T-Mobile users call 877-453-8824 and
your client’s life! (They need us again! ) reference code 4471650.
©2007 National Association of REALTORS

UPS Overnight: Save on overnight


shipments – discounts include $1.50 off
UPS Next Day Air Letters and 10% off
UPS Next Day Air. Call (800) 325-7000,
and mention code #P6000983A5.

For more benefits, visit the Resources tab


at www.ColoradoREALTORS.com.

Think of it as a
new business magnet.
Your REALTOR® pin does more than just identify you as a
proud member of the National Association of REALTORS®. It’s
[page 21]
starts conversations. Simply wearing it lets potential buyers
and sellers know on sight alone, that you’re the person they
a powerful new business tool, one that attracts attention and can trust for all their real estate needs.
Shhh! CARHOF is
Holding a Silent
Auction

AUCTION CARHOF GIVES


That’s right. In an effort to continue to raise Even during these tough economic times,
funds for one of the state’s most viable CARHOF continues to support affordable
non-profit affordable housing foundations, housing with it’s grant giving. The state Hous-
CARHOF will be holding a silent auction ing Opportunity Foundation Board of Direc-
June 9-10 at the CAR Summer Conference in tors approved to give more than $84,000 in
Crested Butte. If you have any item of value grants to 20 non-profit housing organizations
and are willing to donate it to their cause. across Colorado. These funds will be used for
Come support CARHOF’s silent auction so they down payment assistance, operating costs for
can continue to be the ray of hope for those in affordable housing, transitional housing and
need. For more information on how you can support services, homeless prevention, and
participate contact Julie Bramer at JBramer@ more. To date the foundation has given over
ColoradoREALTORS.com or 303-790-7099/800- 6.5 million dollars to help ensure there is safe,
944-6550. clean and affordable housing in Colorado. To

www.CARHOF.org view the list of grant recipients for this cycle


go to CARHOF.org.

Counsel Corner from page 16


and thus you might, inadvertently, be infringing your own expressions of the underlying ideas,
the real owner’s rights. And when using “clip- you should be okay.
art” files, it is important again that you read, There are a lot of other legal considerations
understand and comply with the “terms of when developing content for your website or
use” (i.e., license rights) that accompany such other electronic marketing materials, including
content. in the selection of domain names, use others’
If you engage a third party to produce trademarks, inlining and framing other’s web
content for you, make sure you have a proper pages, but those topics range beyond the scope
written agreement that grants you sufficient of this article and will need to be addressed
license rights (if the contractor is to retain another day!
ownership of copyright) or assignment of IP
rights (if you are to own the copyright). Craig Garby cgarby@rothgerber.com or 303-628-
Lastly, you might consider developing 9523 (direct), a partner at Rothgerber Johnson &
Lyons who specializes in intellectual property law and
the content yourself. The good news is that
technology transactions, has extensive experience in
copyright protects only the expression of ideas,
Internet and software-related legal issues. This Article
not the ideas themselves. So you can get ideas is published for general information purposes only.
from others’ websites and marketing materials The content should not be construed as legal advice or
and, as long as you don’t copy the others’ actual opinion.
images, sounds, text and the like, but rather use

[page 22]
Invest in Your Future – Invest in PSF!
NAR Presidents Circle
($1000 min. to PSF and $2,000 to National Political Parties and/or NAR-Selected Federal Candidates)

Joe Divito Amy Dorsey Chris McElroy Ron Myles Bill Osnowitz Bonnie Smith-Allen

Donate Online at www.ColoradoPSF.org


Debbie Tamlin Kay Watson

Golden R - $5,000+

Bonnie Smith-Allen Amy Dorsey Kit Cowperthwaite

Crystal R - $2,500+

Mark Donahue

Sterling R - $1,000+

Erika Doyle Roy McAnally Bill Osnowitz Carolyn Osnowitz

donors as of 04.27.09

COLORADO CRS CHAPTER #1


All CRS courses are $250 or $225 for Chapter Members. CRS 202 The Sales Course
CRS 205 Financing and Tax Class November 5th-6th, 2009
– Newly Revised, Two Dates & Locations Instructor: Chuck Bode
2009 CLASS SCHEDULE

May 18 - 19th, 2009 Co-Sponsor: Glenwood Springs


Instructor: Pat Zaby
Co-Sponsor: Aurora Association This course is $69 or $59 for Chapter Members.
At Home with Diversity
CRS 205 Financing and Tax Class August 17, 2009
November 3rd - 4th, 2009 Instructor: Susan Plage
Instructor: Tina Daniel Location: Denver Board
Co-Sponsor: Denver Board
Course descriptions & registration at www.ColoradoCRS.com

[page 23]