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,
tradition, and customs. While at times it
seems many of the traditions and customs
are going or have gone from our lives, most
of us maintain at least a few traditions and
routines from year to year. As REALTORS® we
have annual routines, aka events, which we
have held for many years. And, we have a few
which are new to our Association.
In 2007, when Kit
Cowperthwaite was CAR
President, he initiated Team
Colorado REALTORS®. The intent
was participation by Colorado
REALTORS® in an “event or
program to better Colorado’s
communities and/or residents”.
Many of our local REALTOR®
Associations have charitable
causes which they support and/or sponsor.
These range from community clean-ups
to Relay for Life, Brent’s Place 3K Fun Run/
Walk, and the MS-150 Colorado Bike Tour.
Typically, these events are hugely successful
and great public relations for REALTORS® as a
whole. Former President Cowperthwaite not
only sought CAR’s support of local charitable
events, but he was intent that focus be on
what we (REALTORS®) do to support and
contribute to our communities. WE are a
generous lot. It’s because of this generosity,
depth of caring, and compassion of our
Members; NAR has programs which include
the Good Neighbor Awards and the Hope
Awards. Kit believed on a State level we too
could support the charity of our Members.
Recently, Kit brought to my attention,
that CAR had not provided our usual strong
promotion of the local Associations and State
sponsored charitable events. Those of you
fortunate enough to know Kit understand
when I say he is a consummate gentleman.
So, when I received a well written e-mail very
late one evening from Kit, I knew
I had transgressed. Other than
focusing on programs which will
support the Consumers wanting
to buy homes and helping our
Members sell homes, I was
remiss. One of my goals this
year is also continuity within our
Organization.
We have had exemplary past
Leadership at CAR. During Past-President
Zadel’s strategic planning a couple of years
ago, we decided we needed to maintain
the efforts of these past Leaders; our strong
programs; events; and speak with one
voice. So, when Kit said “I hate to bother
you with this but…” I realized I was not
doing everything I should or could. We have
thought so much about home sales, we have
forgotten that life should still have flavor,
color, and dare I say it…life is meant to be
FUN. So, I’m thinking, it’s time to get back to
it…let’s begin thinking about life as well as
real estate.
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
www.jcar.com
Resort and Second Home Markets
Vail, CO August 11-12, 2009
NAR Courses
NAR Green Core Course
Vail, CO August 27-28, 2009
Glenwood Springs, CO October 7-8, 2009
CRS-205 Financing and Tax Advantages for
Agents and their Clients
Aurora, CO May 18-19, 2009
CRB: Marketing Management: Attract and
Keep Customers for Life
Keystone, CO July 27-28, 2009
Online Education Opportunities at
www.ColoradoREALTORS.com/Education
Make “Green” a Part of Your Marketing
RESPA Review online course
Seller Representative Online Course

2009 Calendar of Events

May
11-16 NAR Midyear Legislative Meeting
and Expo - Washington D.C.
June
8-11 CAR Summer Conference & Bus.
Meetings - Crested Butte
27-28 MS Bike Tour-Denver to Ft. Collins
October
18-20 REALTOR® World - CAR Convention
The Broadmoor, Colorado Springs
18-21 CAR Business Meetings
The Broadmoor, Colorado Springs
November
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
protections for real estate investors who uti-
lize a qualified intermediary (QI) to complete
a tax deferred exchange involving property
located in the State. HB 09-1254 (the “QI Act”)
was signed by Governor Ritter on April 16,
2009. The new QI law establishes regulations
governing QIs who participate in tax deferred
exchanges involving investment property
located in Colorado.
In enacting the new rules, the Legislature
responded to several recent cases involving
QIs located in or doing business in Colorado
that resulted in significant financial losses for
Colorado real estate investors.
HIGHLIGHTS OF COLORADO’S 1031 EX-
CHANGE CONSUMER PROTECTION
The new law applies to QIs who: (i) main-
tain an office in Colorado, or (ii) to QIs located
outside Colorado who teach seminars or who
participate in exchange transactions involving
the transfer of investment property located in
the State. A QI subject to the QI Act must:
Change in Control: Notify all current clients
[page 7]
of any change in control within two (2) busi-
ness days after the date of the change.
Financial Insurance and Errors and Omission
Insurance or Deposits: The QI must maintain
adequate insurance specifically, a Fidelity
bond of at least $1 million and Errors and
Omission (E & O) insurance of at least $250,000
or deposit cash or irrevocable letters of credit
in at least the amounts specified above.
Withdrawal Authorization: Requires both
the QI and taxpayer’s authorization for the
withdrawal of exchange proceeds on deposits
over $250,000.
Investment of Exchange Funds: Requires
written notification from the QI to the
taxpayer of the manner in which exchange
proceeds held on behalf of the taxpayer will
be deposited and invested. These provisions
also prohibit the commingling of exchange
proceeds among multiple taxpayers.
Kennen S. Cohen is Division Manager for Asset
Preservation, Inc. (Questions: 866-601-1031 or
email: kennen@apiexchange.com ).
Media Influence
By: Lawrence Yun, NAR Chief Economist
The media has a lot of influence in determin-
ing the confidence of homebuyers. True or
not, that is the belief among REALTOR® mem-
bers. In my recent trip to South Carolina, a
local association showed me a survey of mem-
bers which showed that nearly 90 percent
of respondents indicated that the media is
overplaying the fallout of the housing market
and, hence, artificially dampening home sales.
I encountered similar stories from across the
country. In Columbus, Ohio, where the median
home price is hovering at $150,000 and with
no sign of any price bubble, several REAL-
TORS® told me of having spent several weeks
with a buyer prospect, driving around and
showing homes, only to have them suddenly
back out of the marketplace. The client expla-
nation was always the same: “it is not yet the
right time - I just read a story of a collapsing
housing market.” The same was heard be it in
Kansas City, Buffalo, Boston or Detroit.
While in Japan last year, I encountered a
depressing perspective regarding the U.S.
housing market too. Nearly all of the Japa-
nese press I interviewed with were initially
relating the U.S. housing market conditions
to those found during the Great Depression,
with people losing homes left and right. The
Minister of Land, who had been seeking to
introduce mortgage securitization into the
country, asked me about what it is like to
experience mortgages disappearing from the
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
[page 8]
wants to pro-
mote policies
that replicate
the American
market where existing home sales become
the norm (about 80 percent of home sales
in Japan are new homes, with a high level of
demolitions of existing homes). Many were
greatly surprised to know that more than
two-thirds of the U.S. was experiencing home
price gains, as I showed price trends according
to OFHEO.
The U.S. housing market is down to be sure
- but it is far from out. Foreclosures are unac-
ceptably high and we must seek solutions to
mitigate the pain. At the same time, what is
lost in many stories is that home prices are
rising in half of the country according to NAR
data and much more than half of the coun-
try and in nearly all rural areas according to
OFHEO. Only the very limited market coverage
of Case-Shiller price index show consistent
and widespread price declines. (Some aspect
of the Case-Shiller price declines could be
due to a sizable mis-measurement of overly
exuberant price gains during the boom). Yet,
Case-Shiller price data gets far more play in
the national media.
To read more of this article visit www.realtor.
org/research/economists_outlook/commen-
taries/commentary_media_influence.
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THE LAND!
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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
sphere of influence. He saved his nest egg
over a successful 25 year career. Frank ac-
cepted a buyout from his employer in another
state and took early retirement to begin his
encore career, starting a new small business in
Colorado. He funded his venture with his own
savings, the proceeds of his buyout and by
borrowing $200,000 from the Bank. Since he
was new to Colorado, Frank did not immedi-
ately buy a home upon arriving here, and is
instead renting a house.
Unfortunately, Frank’s business is failing. It
has yet to produce a profitable quarter, start
up losses were above projections, and losses
have begun to grow. Frank has drawn his
saving down to $80,000. Unless things turn
around quickly, Frank will shut the business
down, leaving him liable for the $200,000 debt
with only $80,000 to pay it back.
Is there anything Frank can do to legally
shelter his last $80,000 from the reach of
the Bank?
The Colorado legislature, and the law mak-
ers of almost every state, has decided that
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)).
Frank can essentially shelter his $80,000
of cash from the reach of his creditors by us-
ing his $80,000 as a down payment to buy a
home for him to live in. So, for example, you
might help Frank find a property owned by
sellers who are willing to carry the $220,000
of financing. (Frank might have a hard time
getting more conventional financing because
of the decline of his business.)
[page 10]
Post closing, Frank has $80,000 of “gross” eq-
uity in his home. If, however, a judgment lien
creditor foreclosed on his home and re-sold
it, that creditor would have costs of sale of
approximately $20,000 so, in the terminology
of this article, Frank has $60,000 of net equity
in his home. As a consequence, Frank’s home
could not initially be taken by the Bank if the
Bank sued Frank for his losses.
The nuances of taking full advantage of the
homestead exemption cannot be fully vetted
in this article. Frank hopes that his home will
appreciate, in which case he’ll have more than
$60,000 of net equity. By amortizing his debt,
he would also hope to build his equity above
the homestead exemption. If Frank were to
file bankruptcy shortly after buying his home,
some creditors would argue that he has
abused the homestead exemption.
Borrowers facing financial disaster shouldn’t
put their last nickel into a home without first
consulting a lawyer, yet one of the counterin-
tuitive things about our current economy is
that with a little education, some consumers
facing financial disaster should be motivated
buyers.
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 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
tool pulls data from your checking accounts, savings
accounts, credit cards, mortgages, and other loans
to help you track expenses.
2. Zenbe.com: Have multiple e-mail addresses?
View all your mail in one inbox, and check in with
Facebook and Twitter from the same screen.
3. GetDropBox.com: Back up your important
documents and e-mail messages. This tool syncs
with your computer to save documents and allows
you to access them via the Web from any computer.
4. Everyscape.com: This alternative to Google
Earth lets you view three-dimensional images of
streets and cities at eye level.
5. Inhabitat.com: For home owners who want
to go green, this eco-friendly design blog provides
tips and inspiration.
6. Yelp.com: If buyers are new to the area, send
them here. Neighbors review local restaurants, spas,
doctors, plumbers, and more.
7. Billshrink.com: Discover hidden fees in your
credit card accounts and cell phone bills, and get
recommendations for lower-cost alternatives.
8. GasBuddy.com: Do some comparison shop-
ping before you fill up. Get a listing of what the gas
stations in your area are charging per gallon.
9. FotoFlexer.com: Touch up your photographs,
create effects, and adjust lighting to create high-
quality images worthy for marketing materials.
10. DesignSpongeOnline.com: Do-it-
yourselfers on a budget will love the easy home
decorating projects and gift ideas.
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
your favorite business tech gear? This year’s
Consumer Electronic Show, which each year
offers a preview to cutting-edge tech products
that will soon be hitting the market, discusses
new twists of common gadgets you use in real
estate.
Smartphones
Smartphones continue to get smarter. Here
are a few highlights of phone product intro-
ductions at CES.
Multitasking solution: Palm’s brand new Pre
won’t be in stores for a couple of months but it
was pretty much the talk of CES this year. The
phone will be exclusively available through
Sprint (at least initially). For Palm devotees, the
company’s new response to the iPhone has
everything you’d expect from today’s multi-
tasking smartphone: Touchscreen interface;
hidden QWERTY style keypad; Wi-Fi and
Bluetooth support; e-mail, text and instant
messaging; GPS navigation, and its own 3
megapixel (MP) camera with flash. It runs on
Palm’s newly developed smartphone operat-
ing system, Palm webOS.
GPS plus phone: The Traveler 137 from GPS
provider Pharos Science and Applications
combines the functions of a full-featured
Windows Mobile smartphone with a stand-
alone GPS navigator. The unlocked phone
will launch sometime in the first quarter. It
has a 3.5-inch touchscreen, 3MP camera and
supports e-mail, texting and messaging. As a
standalone GPS handheld, it does not require
a cellular connection in order to provide loca-
tion information and point-to-point directions.
Price: $599
Clock phone: LG Electronics provided show
attendees a glimpse of where smartphone
technology could be headed with its GD910
Watch Phone. Featuring a touchscreen watch
interface, you’ll be able to shift from its clock
to smartphone mode with a tap and use it
for calling, e-mail, Web browsing and contact
[page 14]
and schedule management. Voice control and
text to speech conversion are also featured.
No word yet on when it will arrive in the
United States, but the concept could become
one of many options in future generations of
smartphones.
Netbooks
Looking for a mobile computing experience
between a smartphone and a true laptop? A
netbook PC may be the answer. They’re por-
table Web terminals that also run your favorite
software applications, but you’ll trade some
screen and keyboard size due to its true porta-
bility. Here are several new models joined this
growing class of sub-notebooks at CES.
Lightweight: Sony’s new VAIO Lifestyle
weighs just 1.4 pounds but it is a full-powered
Windows Vista PC. This model has an 8-inch
widescreen LCD display, 1.33Ghz processor,
2GB RAM, and 60GB hard drive. It includes
wireless support for mobile broadband, Wi-Fi
b/g and Bluetooth wireless connections. Price:
$899
Added protection: Hewlett Packard is also
targeting mobile real estate professionals
with addition of its new Mini 2140 notebook.
Slightly larger at 2.6 pounds, an aluminum
case protects its 10.1 inch screen, 1.6Ghz
processor, 1GB RAM, 80GB hard drive and
built-in Webcam. This Vista machine supports
Wi-Fi b/g and Bluetooth wireless connections.
Price: $499
Larger screen: At 2.6 pounds, the Viewsonic’s
Viebook has a 10.2-inch screen,1.6GHz proces-
sor, 1GB of memory, 160GB hard drive, WiFi
b/g and Bluetooth, 1.3 megapixel Webcam,
and ships loaded with Windows XP Home.
Price: $429.99
Digital Cameras
Two digital camera models unveiled at CES
warrant a look, but for different reasons.
Up-close look: Kodak’s Z980 compact has an
impressive 24X zoom lens with a 26mm wide-
Continued on next page
angle setting needed for listing photos. It’s a
12MP camera that also can capture images in
the high definition (HD) 16:9 aspect ratio. It
also does video recording. Price: $399
Cable-free: No more cables when moving
pictures from camera to computer or Web.
The compact Sony Cyber-shot DSC 3G is the
latest in a small class of cameras with built-in
support for WiFi b/g for wireless transfer of
photos. It’s also a 10MP camera with a 3.1-inch
display and 4X optical zoom. There’s 4GB of
internal flash memory for storing photos and
video, and it’s compatible with Sony Memory-
Stick flash media.
New Twists on Older Products
Overall, product introductions at this year’s
CES were generally more subdued than in past
years, likely reflecting the pervasive uncertain-
ty of a sour economy. Rather than rolling out
dramatic new breakthroughs this year, much
more of the emphasis was on refinements of
products already established in the market-
place. Here are a few announcements of some
refined products hitting the market.
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]
recharge your electronics by simply laying
them on its surface. Several versions will be
available for recharging up to six devices at a
time. Price: starting at $169.99
Build a home network: If setting up your
home office network troubles you, the Home
Network Home Network Powerline adapters
from Corinex Corp. makes it as simple as plug
and play. Plug its adapters into an electric wall
outlet and your household wiring becomes
your network, allowing you to share files or
connect to the Web anywhere there’s a wall
outlet. Price: $169.99
3D images: You’ll be able to build accurate 3D
renderings of your travels with a service called
Way2Go from 3DVU for Windows Mobile,
Blackberry and Symbian OS smartphones.
Subscribers can create maps featuring 3D
aerial pictures, then access the maps while on
the road with a special viewer for their smart-
phone. GPS tracking and text and spoken
directions will be included.
Source: REALTOR Magazine Online
Counsel Corner
This column is a legal resource for local associations, local
association counsel, and REALTORS®.
The Internet, with its ability to aggregate
relevant visual, audio and written information
and present the same in a meaningful manner
through websites, electronic newsletters and
other electronic media, provides real estate
professionals with tremendous opportunities
to connect with sellers and buyers. However,
as a result of being able to communicate
more focused messages to larger audiences,
it is all the more important that professionals
within the real estate industry be aware of the
copyright laws that affect these marketing
activities. This article briefly outlines copyright
laws and how they implicate the selection
of content for websites and other electronic
marketing campaigns.
When putting together the images, sound
and text for marketing materials, it is important
to keep in mind one simple rule: Do not use
another’s work without their permission. To
understand the metes and bounds of this rule,
we need to understand the basics of copyright
law. At the core of copyright law, as soon as
someone takes an original expression (i.e.,
not a copy of someone else’s work) and fixes
that original expression to a tangible medium
(e.g., as a photo, recording or written word),
that person – the “author” – has copyright
rights in the work. The author need not
register the work with the Copyright Office
to obtain copyright because the copyright
comes into being automatically (although
there are benefits to registering). The author
need not even put a copyright notice, such
as “©2009” on the work (although there are
benefits to providing such notice). And the
author, as copyright owner, has exclusive rights
R
othgerber Johnson & Lyons has more
than 30 years’ experience advising real
estate brokerage firms across Colorado
in commercial, residential, property manage-
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
[page 16]
By: Craig Garby, Esq.
to reproduce (copy), create derivative works
(modify), distribute, publicly perform and
publicly display the copyrighted work. Thus,
for example, if another person copies, modifies
or distributes the author’s work without the
author’s permission, then such person is
infringing the author’s copyright.
Contrary to some people’s belief, the
author’s posting of the work to a website is not
putting the work in the public domain. Thus,
when developing your own website or similar
marketing material, do not simply surf the Net
and take others’ images, sound or text without
first obtaining their permission.
Also contrary to popular belief, the author’s
sale of a physical embodiment of a copyrighted
work, such as a book, photograph or brochure,
does not transfer the copyright in such work
to the purchaser. Thus, even if you purchase
a photograph from a photographer, you may
not copy that photograph or distribute that
photograph (other than the actual photo you
first purchased) without the photographer’s
written consent.
So, when developing content for your
website or other electronic marketing materials,
make sure that you either have sufficient rights
from the relevant third parties, or create the
work yourself. When taking “free” images off
the internet, make sure you read, understand
and comply with the “terms and conditions”
that accompany such content (often, such sites
require you to provide attribution, or perhaps a
link to their site). And be aware that you run the
risk that the site making such content available
for free might not itself be the copyright owner
continued on page 22
· Affiliated business · Licensing
arrangements · Listings and contracts
· Commission disputes and · Oil & gas leases
collections · Regulatory matters
· Environmental challenges · Tax matters
· Homeowners’ · Title issues
associations · Trials/appeals
· Insurance
Contact Dick Clark at 303-628-9531 or
rclark@rothgerber.com
303-623-9000 · www.rothgerber.com
Connect With Your
Inner Leader
By: Barbara Asbury, President,
Colorado State Chapter – Women’s Council of REALTORS®

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

Make an educated recommendation to your clients by recommending

a title company based on SERVICE, PROTECTION & COSTS

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

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

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
Kit is a road biker. And, in his year, as
CAR President, he and State Treasurer,
Scott Matthias, organized Team Colorado
REALTORS® to ride in the MS 150 event.
Simply put, it is a two day bike ride of
150 miles which helps raise funds for
Coloradoans who have been stricken with
MS. The funds are used to explore ways
we can end this devastating disease. Last
year was the second year for Team Colorado
REALTORS® to ride in the MS 150. I decided
to ride, I wanted to participate and it
sounded like great fun. I had a new bike, so,
I thought I would break it in on the trip from
Denver to Fort Collins and back.
It was an incredible two days for me. After
the ride, I felt accomplished, to say the least.
I was also tired, saddle sore, and a bit banged
up from a spill. But, I managed to ride the
150 miles in two days. I wasn’t the last to
ride across the finish line, certainly not one
of the early ones. But, it was wonderful to
ride with hundreds of riders; some with MS.
The ages ranged from a toddler in a child
seat to probably octogenarians. The weather
was terrific, there were rest stops every 10
to 15 miles with lots of great snacks; peanut
butter and jelly sandwiches, colas, candy,
cookies, water, chips, etc. I loved eating high
carbs and sweets every ten miles. And, I did
it with abandon. However, the best part
was the camaraderie of riding with others,
representing Colorado REALTORS®, enjoying
beautiful Colorado, and the triumph of doing
something so very different from my normal
life. In two days the event raised close to
$3million. This year the goal is to raise over
$3million. So, as a friend of mine often tells
his children to, “get out of their comfort
zones”, I decided to take his advice. It was
time for a challenge.
I am asking that of you, take time to
[page 20]
step outside of your comfort zone. If biking
isn’t your idea of fun or a challenge, self-
confrontation for you may be attending the
Summer Conference and “inspiring your
passion in Crested Butte” June 8 and 9. It’s
tough to go to a two-day event where you may
not know anyone. Walking into a room full
of strangers, may be more threatening than
riding a bike for two days. But, the worst which
could happen is that you see another part of
our extraordinary State, meet other REALTORS®,
and learn something new. We often forget that
we not only have Buyers and Sellers as Clients,
but other REALTORS®. They too provide us with
“Referrals” also known as Buyers and Sellers. So
come meet a few hundred new people and give
yourself a change of perspective for a couple
of days. As CAR’s website states it, “Rejuvenate
yourself in Crested Butte. Escape and enjoy the
mountains…” Escape sounds both FUN and
CHALLENGING.
I know what I am asking. I was a very
bashful kid, and have never totally conquered
my timidness in new situations and groups.
When I got into leadership locally and on a
state level, I used to feel so much stress before
speaking in front of a group; I would lose my
previous meal(s). I’ve since learned, thanks to
a friend’s advice and CAR’s great Spokesperson
Training, to get up in front of gatherings and
enjoy it. If I can do it, anyone can. However,
if these suggestions are not right for you, I
know there are many other events in your local
communities or throughout the State in which
you can participate.
I’ve loved traveling around Colorado this
year meeting many of you. I am so impressed
with your hard work and great spirit. I wish
you great fortune and good sales this summer.
I hope to see you in Crested Butte, your local
communities, or perhaps at the MS 150…I’ll be
heartily consuming the snacks at the “pit stops”.
 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
That’s right. In an effort to continue to raise
funds for one of the state’s most viable
non-profit affordable housing foundations,
CARHOF will be holding a silent auction
June 9-10 at the CAR Summer Conference in
Crested Butte. If you have any item of value
and are willing to donate it to their cause.
Come support CARHOF’s silent auction so they
can continue to be the ray of hope for those in
need. For more information on how you can
participate contact Julie Bramer at JBramer@
ColoradoREALTORS.com or 303-790-7099/800-
944-6550.
www.CARHOF.org
Counsel Corner from page 16
and thus you might, inadvertently, be infringing
the real owner’s rights. And when using “clip-
art” files, it is important again that you read,
understand and comply with the “terms of
use” (i.e., license rights) that accompany such
content.
If you engage a third party to produce
content for you, make sure you have a proper
written agreement that grants you sufficient
license rights (if the contractor is to retain
ownership of copyright) or assignment of IP
rights (if you are to own the copyright).
Lastly, you might consider developing
the content yourself. The good news is that
copyright protects only the expression of ideas,
not the ideas themselves. So you can get ideas
from others’ websites and marketing materials
and, as long as you don’t copy the others’ actual
images, sounds, text and the like, but rather use
[page 22]
CARHOF GIVES
Even during these tough economic times,
CARHOF continues to support affordable
housing with it’s grant giving. The state Hous-
ing Opportunity Foundation Board of Direc-
tors approved to give more than $84,000 in
grants to 20 non-profit housing organizations
across Colorado. These funds will be used for
down payment assistance, operating costs for
affordable housing, transitional housing and
support services, homeless prevention, and
more. To date the foundation has given over
6.5 million dollars to help ensure there is safe,
clean and affordable housing in Colorado. To
view the list of grant recipients for this cycle
go to CARHOF.org.
your own expressions of the underlying ideas,
you should be okay.
There are a lot of other legal considerations
when developing content for your website or
other electronic marketing materials, including
in the selection of domain names, use others’
trademarks, inlining and framing other’s web
pages, but those topics range beyond the scope
of this article and will need to be addressed
another day!
Craig Garby cgarby@rothgerber.com or 303-628-
9523 (direct), a partner at Rothgerber Johnson &
Lyons who specializes in intellectual property law and
technology transactions, has extensive experience in
Internet and software-related legal issues. This Article
is published for general information purposes only.
The content should not be construed as legal advice or
opinion.
 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]