MONTANA REAL ESTATE Volume 6 - Issue 4 October 2002 From the Chair

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1 MONTANA REAL ESTATE Volume 6, Issue 4 October 2001 From the Chair By John Beagle STATE REQUIRED E&O INSURANCE - NOT A DEAD ISSUE Last year there was much discussion about a State Required (Mandatory) Errors and Omissions program. The Board (BRR) could not gather enough support for this program in time to place it before the Legislature for action this year. Recently, at a BRR planning meeting, this topic was brought up and it was the consensus that the issue not die but that we continue with our research on SR E&O and make a concerted effort to further educate the licensee's with the pros and cons on the program. But first, a little history of where we are today - and why. In order to get this bill passed by the Legislature in 2001 BRR felt that we needed the support of the Montana Association of REALTORS. The program was very important and a large portion of the licensee's in Montana are members of MAR. BRR attended MAR's May 2000 meeting in Helena and held a series of informational meetings in INSIDE THIS ISSUE 3 Board Adopts PM Renewal Rules 3 3 Georgia Added to Jurisdictions with Reciprocity Computerized Testing Available Daily Continued on Page 2 4 Complaint Screening Committee 4 Complaint Screening Committee 5 Education Notes 5 Board Begins Developing Legislative Wish List You Can Renew and File Affidavits On-line Go to: discoveringmontana.com/dli/bsd The Board of Realty Regulation is implementing a pilot project for the Business Services Division. You will be able to file your Education and renew your real estate and/or property management license on-line, using e-checks or credit cards. E-checks are a convenient, inexpensive way to pay over the Internet. The payment is deducted from your checking account. It is just like writing a check, but it is done electronically. You pay no interest or transaction charges. We encourage all of those interested in renewing on-line to use the e-check option. You can file your education on-line even if this is not your renewal year. You will need to include the number of mandatory and elective hours you completed for 2001and add in any carry-over hours from Subtracting 12 hours for the calendar year 2001 requirement will give you the number of carry-over hours you have toward your 2002 requirement. You will need your pin number (found on your renewal/education form), social security number, license number and checking account or credit card. Filing on-line will allow you to file immediately, avoiding the mailing and handling of each individual form. This should ensure your applications are received and processed prior to the January 1 cutoff. Any form filed by midnight on December31 will be considered timely received and accepted. If you miss the December 31 deadline you can still file on-line. You will be required to pay the late filing fee before your form will be accepted. We hope you will take advantage of this new program. It will allow you a great deal of flexibility in your scheduling. Fill out the survey attached to the filing web site and let us know what you think! MONTANA REAL ESTATE 1

2 THE HONORABLE JUDY MARTZ GOVERNOR OF MONTANA Department of Labor & Industry Wendy Keating, Acting Commissioner Real Estate Board and Staff fax: Board Members John Beagle, Licensee, Chairman Teddye Beebe, Public Member Laura Odegaard, Licensee Terry Hilgendorf, Public Member Vicky Hammond, Licensee Staff: Grace Berger, Executive Secretary Mike Meredith, Education Director Barb McAlmond, Administrative Assistant Sherri Johnson, Licensing Technician The views expressed in the reprinted articles are those of the author and not necessarily those of the Board and are intended as informational only. Continued from Page 1 conjunction with several MAR Core Group meetings. We received a variety of feedback from these meetings, but mostly we were told that the members of the association wanted more information on the subject before they could take a position. MAR suggested a Joint Task Force to research and discuss the issues and present their findings at the September Annual Conference. A Task Force was formed consisting of one representative from each of the 4 Core Groups and 3 members of BRR. We had several meetings and information was gathered and presented for this task force to digest and evaluate. At the conclusion of the meetings, three of the four task group representatives felt that a SR E&O would probably be beneficial to MAR's members. The representative of the other Core Group, the Legislative (Political Action) Core Group was not in agreement with BRR and the other Core Group representatives and voted against a positive recommendation to the MAR Directors. We felt that the Joint Task Force had been successful in realizing the merits and benefits of SR E&O Insurance. 75% of MAR's representation had agreed with the issues and we felt that they would so report to MAR's leadership. However, there is a small faction of MAR members that are very vocal and they took the side of the one dissenting member on the task force. At the September 2001 MAR Annual Conference they lobbied the Association to NOT accept the recommendations of the task force but to continue to study and research the issues. MAR leadership agreed to do this in spite of the fact that THIS IS EXACTLY what the task force had already accomplished according to the directive of the then MAR President This small, but vocal, group then distributed a position paper to all REALTORS in Billings, and possibly in other areas as well. This position paper dealt with the subject of SR E&O and was full of inconsistencies and errors. I am sure that this paper influenced many licensee's to reevaluate their position on the subject of SR E&O Insurance. It is too bad that this small group could not have researched the subject better and acquired the correct facts before they distributed this paper. In any event, the damage was done and without MAR's support BRR felt that we could not successfully lobby this bill before the 2001 legislature. In the coming months we will be making another push in the pursuit of SR E&O Insurance. We will be trying to educate ALL licensees with the advantages of such a program. In attending national and district ARELLO conferences I have had the opportunity to visit with many states that have implemented mandatory E&O. Without exception, all participating states like the program, as do their licensee's. Our neighbors to the west, Idaho, have it. To the south, Wyoming has approved the first phase of their program and is now working for completion. To the east of us, the North Dakota Real Estate Commission got their program approved by their 2001 legislature and it becomes effective January 1, 2002 at an annual cost of $ per licensee, per year. SR (Mandatory) E&O Insurance is good for all. It is good for you and it is good for the consumer. It DOES NOT invite frivolous legal claims. It works. Expect to hear much more on this subject later. MONTANA REAL ESTATE 2

3 Board Adopts PM Renewal Rules The Board of Realty Regulation voted to adopt part of the latest ruled notice. The portion of the notice that was adopted amends the property management continuing education reporting requirement. It will require filing education on a form approved by the board rather than requiring copies of completion certificates. This will allow property managers to renew and file continuing education on-line. That education filing will be subject to auditing. A clean-up rule amendment and the broker owner/broker associate elimination will be re-noticed to allow additional comment. Be looking for an opportunity to comment on those rules in the near future. Visit us on-line If you haven t already done so, be sure and check out the board s Web site. You will find license applications, examination information, change forms, upto-date laws and rules, contact information, and a whole lot more. We post past issues of the newsletters, board meeting agendas and meeting information, rule notices and rule adoptions, the continuing education calendar, and complaint forms as well. It is an easy way to stay informed. Coming soon will be a licensee search that will allow you to look up licensee status using up-to-date information. Computerized Testing Available Daily The Board of Realty Regulation has recently approved daily computerized testing for the real estate licensing examination. The test administrator is Applied Measurement Professional (AMP) of Lenexa Kansas. The exam will be administered at two locations. AMP Assessment Centers are located in Missoula and Billings. You may also request Assessment Center locations in surrounding states. You can find a complete list of Assessment Centers at the AMP Web site at The exam fee is $105. If you are going to pay by credit card, reservations can be made by calling AMP at or on-line at You can also register by completing an exam registration form and sending it along with a cashiers check or money order to AMP. Call the Board of Realty Regulation office at to receive the exam information packet. Georgia Added to Jurisdictions with Reciprocity Montana has signed a reciprocal agreement with the State of Georgia. That brings the list of jurisdictions offering reciprocity to Montana licensees to twelve. To find out how to make application, directly contact the jurisdiction. Albert Canada Colorado Georgia Idaho Iowa Nebraska North Dakota Oregon South Dakota Tennessee Utah Wyoming Remember: Salespeople newly licensed in 2001 are required to complete the Rookie Course and renew that license prior to December 31, Make sure you have received your permanent license and are no longer active temporary. An active temporary license goes away on January 1. MONTANA REAL ESTATE 3

4 By Vicky Hammond, Chair Complaint Screening Committee The screening panel met in May and reviewed 19 complaints and l investigation. Twelve of those complaints were found to have no BRR rule violations and were dismissed, l was dismissed w/ a letter of instruction and 6 were sent to investigation. Several of the complaints we see do not fall within our jurisdiction, we are not involved in earnest money disputes, referral fees, or to help a seller get out of a listing contract. A licensee had a complaint filed against them by their neighbor over an access problem. Again, this does not fall within our jurisdiction. During the May meeting we sent our investigators out to look for potential violations for the following: * A licensee selling their own property and possibly not disclosing an adverse material fact to the purchaser. * A licensee possibly not discovering who actually owned a property they had listed * A seller s agent possibly not acting the best interest of the seller by not disclosing relevant and material facts that concern a transaction nor safe guarding the sellers interest * A Supervising Broker potentially not providing on-going training and not supervising the activity of their sales agent * A licensee acting as a Property Manager has possibly used Management funds for personal use, did not return deposits that belong to tenants and misused credit cards of that Management Company and owner. *A Real Estate Licensee acting as a Property Manager may have trust account violations After reviewing an investigation report the panel found reasonable cause to notice a licensee for a hearing for: Sec (2) (a) (b) (e) Agency violations, and Sec Unprofessional conduct (l) (m) In August the Screening Panel reviewed 10 complaints, 6 were dismissed as the panel could find no violations of the rules and regulations, 1 was sent to investigation and 3 were dismissed with letters of instructions regarding the following topics. * If you have an ownership of any type in a property you have listed or you are purchasing you must disclose you are a licensee in the State of Montana. When in doubt disclose. * A reminder to a license to give copies of all documents signed to their seller * A reminder to a licensee of a 'Sellers Agent s' responsibility when representing a seller in a transaction One complaint was sent to an investigator to determine if a listing agent violated their responsibilities as a seller s agent in a transaction. The panel reviewed l investigation and felt there was reasonable cause to notice the licensee for: Sec (4)(u) acts solely in the best interest of the buyer; and Sec (4) e) Exercise reasonable care, skill and diligence in pursuing the buyer s objectives in complying with the terms established in the Buyers Broker Agreement. In your day to day activities of Real Estate of listing and selling Real Estate you are usually representing one or both of the parties involved in the transaction. You review the agency disclosure with them, you have a Listing Agreement signed by the seller or an Agreement to Locate Property signed by the buyer. Take a moment to review your role in the transaction, what is your responsibility according the law, what does your principle expect of you? Ask yourself am I representing my buyer or seller to the best of my ability? The screening panel has seen an increase in complaints from buyers who feel their agent did not maintain their best interest in a transaction, and in many cases they appear to be right. You may be receiving compensation from a seller but the law is very clear on your responsibilities as a Buyer s Broker. Today might be a good day to review the disclosure for yourself. Stay safe. Sec 8: Grounds for License Discipline. MONTANA REAL ESTATE 4

5 EDUCATION NOTES By Michael Meredith, Education Director IMPROVING EDUCATION In its efforts to improve both prelicensing education and continuing education the Board continues to review the current status of real estate education. Most recently an education task force has been formed to review broker education. Currently, broker candidates must take sixty hours of prelicensing education and they must pass the AMP broker examination in order to obtain their broker s license. Although most prospective brokers regard the prelicensing education as the preparation for the test, in reality the education and the test are two separate requirements. Hopefully, completing the education requirement will prepare licensees to pass the test and enable them to work effectively as brokers managing their own offices and supervising salespersons and other brokers. The purpose of the task force is to review broker training to see if our present system provides adequate training and education for brokers. Additionally, the Education Committee is encouraging education providers to make available more broker specific continuing education courses. The committee also encourages licensees to take classes that provide instruction on topics that are not consumer protection oriented and therefore not approved for continuing education hours. The lack of approval does not reflect on the quality of the class, but rather indicates that the course does not deal with a topic that is currently approved for continuing education credit. Next year s proposal for the Education Caravan has also changed and the caravan will offer a total of sixteen hours of training. Four hours of property management training will be added to the customary twelve hours that have been offered in the past. Since property management is an approved topic for all licensees caravan attendees will be able to select twelve of the available sixteen hours to meet their continuing education requirement for Everyone should keep in mind that four of the hours must be from the mandatory list. Our mandatory class for new licensees has been taught in four locations around the state so far with only the December 6 and 7 course in Helena remaining to be taught. The Helena class will be conducted at Carroll College. All new 2001 licensees have been issued a temporary license which will expire on December 31, 2001 if they have not completed the Rookie class by that date. Within the week following the completion of the Rookie class permanent licenses for new licensees will be sent to the salesperson s broker. Board Begins Developing Legislative Wish List It is that time in the biennium when the Board starts contemplating what changes to existing statutes they will attempt to pursue next legislative session. They will also be considering any program expansion for the next biennium. The deadline for the conceptual list of legislation and program expansion concepts is February This list will include ideas that are under consideration. At this early stage nothing is carved in stone and everything is included. If there is some inkling that the board may want to address an issue it is included on the board wish list. Some of the things currently under discussion are state required E & O insurance, amendments to the property management licensing exemption list and cite and fine for minor infractions. The list may grow or change as we get closer to our February deadline. We will attempt to keep you informed of any legislation or changes in the program being considered by the board. You must keep your continuing education certificates to verify your attendance if you are selected for an audit. Be on the lookout for your education reporting form and/or renewal. They will be mailed out in late October. MONTANA REAL ESTATE 5