16
TOR® Technology - 10:30 am (2 hours of CE (training) have been requested) * RPAC-NM Annual Meeting 3:30 pm * RANM Gala – 6:30 pm Includes announcement of RANM REALTOR® of the Year, and Benevo- lent Fund/Stanley H. Mathis Founda- tion Auction. Wednesday, September 21 * “RANM Fall 2016 Legal Up- date” – Ashley Strauss-Martin - 10:30 am (2 hours of CE have been requested) * Benevolent Fund Annual Meet- ing – 12:30 pm * Stanley H. Mathis Foundation Annual Meeting – 12:30 pm When there isn’t a specific RANM meeting going on REALTOR® Voice THE Volume 19, Edition 2, Second Quarter 2016 Published by the REALTORS® Association of New Mexico The Voice for Real Estate in New Mexico Support RANM’s 2016 Community Project Buy a raffle ticket - you could win $5,000! RANM is excited about this year’s Housing Summit/RANM Fall Conference. A great line-up of speakers, educational sessions, and of course, RANM Annual meet- ings are on the agenda. RANM events you won’t want to miss include: Monday, September 19 * District Caucuses – 10:00 am * RANM Annual Meeting and Board of Directors – 3:30 pm Tuesday, September 20 * “Turning New and Existing Homes into Smart Homes” – Chad Curry, Center for REAL- 2017 Legislative Priorities JOB GROWTH RANM supports efforts to at- tract and create more jobs for New Mexico. TAXES RANM supports legislation that would eliminate transfer taxes. RANM favors the equitable as- sessment of property taxes and favors a straight forward solution to tax lightning. HOME INSPECTOR LICENSING RANM supports licensing of home inspectors as a consumer protection measure. HOMEOWNER ASSOCIA- TION AMENDMENTS RANM supports a cap on fees that HOAs currently charge for records required for a real estate transaction. STRENGTHENING LAWS TO DETER COPPER THEFT RANM supports legislation to increase penalties for copper theft in an effort to discourage and prevent the gutting of valuable real estate. Register Today for the N.M. Housing Summit/RANM Fall Conference See your Board President for a ticket or buy one (or more!) on-line. All proceeds benefit the Boys and Girls Clubs of New Mexico. continued on page 16

THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

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Page 1: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

TOR® Technology - 10:30 am (2 hours of CE (training) have been requested)

* RPAC-NM Annual Meeting – 3:30 pm * RANM Gala – 6:30 pm

Includes announcement of RANM REALTOR® of the Year, and Benevo-lent Fund/Stanley H. Mathis Founda-tion Auction.

Wednesday, September 21* “RANM Fall 2016 Legal Up-date” – Ashley Strauss-Martin - 10:30 am (2 hours of CE have been requested)

* Benevolent Fund Annual Meet-ing – 12:30 pm * Stanley H. Mathis Foundation Annual Meeting – 12:30 pm

When there isn’t a specific RANM meeting going on

REALTOR® VoiceTH

EVolume 19, Edition 2, Second Quarter 2016 Published by the REALTORS® Association of New Mexico

The Voice for Real Estate in New Mexico

Support RANM’s 2016 Community

ProjectBuy a raffle ticket

- you could win $5,000!

RANM is excited about this year’s Housing Summit/RANM Fall Conference. A great line-up of speakers, educational sessions, and of course, RANM Annual meet-ings are on the agenda.

RANM events you won’t want to miss include:

Monday, September 19* District Caucuses – 10:00 am * RANM Annual Meeting and Board of Directors – 3:30 pm

Tuesday, September 20* “Turning New and Existing Homes into Smart Homes” – Chad Curry, Center for REAL-

2017 LegislativePriorities

JOB GROWTHRANM supports efforts to at-tract and create more jobs for New Mexico.

TAXESRANM supports legislation that would eliminate transfer taxes. RANM favors the equitable as-sessment of property taxes and favors a straight forward solution to tax lightning.

HOME INSPECTORLICENSING

RANM supports licensing of home inspectors as a consumer protection measure.

HOMEOWNER ASSOCIA-TION AMENDMENTS

RANM supports a cap on fees that HOAs currently charge for records required for a real estate transaction.

STRENGTHENING LAWS TO DETER COPPER THEFTRANM supports legislation to increase penalties for copper theft in an effort to discourage and prevent the gutting of valuable real estate.

Register Today for the N.M. Housing Summit/RANM Fall Conference

See your Board President for a ticket or buy one (or more!) on-line. All proceeds benefit the Boys and Girls Clubs of New Mexico.

continued on page 16

Page 2: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM Benevolent FundAnnual Meeting

Wednesday, September 21, 2016

12:30 PM - 2:00 PM

Stanley H. MathisAnnual Meeting

Wednesday, September 21, 2016

12:30 PM - 2:00 PM

REALTORS® Association ofNew Mexico

Annual Membership MeetingMonday, September 19, 2016

3:30 PM

The Annual RANM Board of Directors Meeting will be held immediate following the membership meeting.

RPAC-NM Annual MeetingTuesday, September 20, 2016

3:30 PM - 5:00 PM

RANM’s 2017 Legislative Priorities .............................................................NM Housing Summit/RANM Fall Conference .............................................Notice of Annual Meetings .........................................................................From Your President ...................................................................................NAR Legislative Meetings ...........................................................................From Your CEO/It’s About Jobs ...................................................................From NMREC/Commission Adopts Rule Changes .......................................RANM on the Road ....................................................................................Legal Corner/From Forms to Flying ............................................................Governmental Affairs/RPAC-NM ................................................................ RPAC Check Presentations .........................................................................Report of Credentials Committee ...............................................................RANM Staff Changes ..................................................................................

RANM REALTOR® Voice | Second Quarter 2016 | Page 2

Highlights in this IssuePage 1Page 1Page 2Page 3Page 4Page 5Page 6Page 8Page 9Page 13Page 14Page 15Page 16

Notice of Annual Meetings

NM MLS Annual MeetingTuesday, August 23, 2016

10:00 AM 150 Washington Avenue,

Santa Fe

The NM MLS Annual Meeting will be held at the NM MLS offices in August.

All other annual meetings will be held at the Hotel Al-buquerque, 800 Rio Grande Blvd., NW in September in conjunction with the Housing Summit/RANM Fall Confer-ence.

Page 3: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

Emerging leaders of today will guide the REALTOR® organization and real estate industry into tomorrow!

Congratulations to the 2016 Class

Dan Coleman, RoswellSamantha Covert, San Juan CountyJean Duran, Greater Albuquerque

Kathy Faubion, Las CrucesBillie Haynie, Las Cruces

Rachel Nead, Greater AlbuquerqueStarla Nunez, Roswell

Reg Olson, Greater AlbuquerqueLaurie Pankey, Roswell

Sonya Roberts, Otero CountyJames Russ II, Ruidoso/Lincoln County

Lois Sury, Santa FeMarcia Tidwell, Roswell

Deena Turner, Ruidoso/Lincoln County

From Your President

Pat Fell2016 RANM President

RANM Continues “Reaching Out” to Members

RANM REALTOR® Voice | Second Quarter 2016 | Page 3

Summer is in full swing, and apparently so is the real estate market. Everyone I talk to is very busy, which is great news!!

RANM has been really busy this past quarter also with lots of Committee meetings, the NAR Region XI Meeting in Utah in April, the NAR Legisla-tive Meeting in Washington D.C. in May, and RANM on the Road in May and June. It was great to travel around the state once again and “Reach Out” to our members on their own turf.

Our Growth and Involvement Committee now has applicants chosen to take part in the first Leadership Program that will take place in late August and again in October.

Our Legislative Committee is already busy preparing for the 60 day session in January - wow, only 7 months away!

RANM received a clean audit for 2015 and we continue to be in good financial shape.

And don’t forget about our fund raiser, where only 300 tickets are being sold with 3 cash prizes to be given away at our Annual Fall Conference. If you want to purchase a ticket, go to nmrealtor.com, or talk to your local President – they have tickets to sell! Complete raffle rules are avail-able at nmrealtor.com. All proceeds will go to the Boys and Girls Clubs of New Mexico – an investment in our future!

Thanks to all our members that volunteer their time and energy to keep RANM moving forward, and to the staff that does an excellent job keeping up with us!

Have a super summer and we’ll see you at the Housing Summit/RANM Fall Conference in Albuquerque Sep-tember 19 -21!

Page 4: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM REALTOR® Voice | Second Quarter 2016 | Page 4

NAR Legislative Meetings RANM members met with New Mexico’s Congressional delegation, enjoyed RANM Night Out, and participated in NAR meetings during the REAL-TORS® Legislative Meetings held in Washington, D.C. in May.

Page 5: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

From Your CEO

M. Steven Anaya, RANM Chief Executive Officer

It’s About Jobs

RANM REALTOR® Voice | Second Quarter 2016 | Page 5

The REALTORS® Association of New Mexico (RANM) can promote, encourage, and implement efforts in order to improve New Mexico’s economy by helping to create and attract new, good paying jobs.

We’ve all read the news that New Mexico is languishing behind our neighbors when it comes to job creation and economic development. High unemployment, a shrinking population, low job creation, and more people in New Mexico living in poverty than almost any other state, are issues that we have to come to grips with.

If our members are to prosper, we need to continue to focus on and sup-port RANM’s Quality of Life Statement that includes, “supporting a vital and vibrant economy and growing housing opportunities”. For this reason, RANM’s Legislative Committee has made job growth our num-ber one priority.

I recently participated in a town hall on “Economic Security and Vitality for New Mexico” hosted by New Mexico First. During this two-day town hall meeting in May, close to two hundred participants explored opportunities and barriers that we face in economic development.

The recommendations that were presented included:

• Actively Support Small Business - bet-ter business training, expanded broadband, creative business incentives, and cultivating the next generation of entrepreneurs• Create Thriving Rural and Tribal Econo-mies – smart private and public sector invest-ments to help keep emerging workers in the community• Further Diversify the Economy – over-haul the tax system in an effort to attract new business• Advance Effective Roles of Government – reforms to make government more efficient, consistent, and inclusive

Job Growth is RANM’s #1 Legislative Priority

for 2017

RANM CEO M. Steven Anaya accepts a plaque recognizing RANM’s part-nership with the N.M. Manufactured Housing Association

• Focus on Family Economies – create a “family-friendly cul-ture” that helps all generations succeed educationally• Strengthen the Workforce Through Education – improve graduation rates, more voca-tional training.

While RANM has not formally adopted the recommendations brought forth in the town hall, it goes without saying that we, as a group, want New Mexico’s economy to flourish as this creates the type of economic activity that benefits our entire membership.

When it comes to job creation and improving the economy, RANM will continue to be very involved and active in the private and pub-lic sector. It’s going to take a while to turn things around, but with the strength of 6,000 members representing every community and every legislative district, as well as a vigorous and aggressive govern-ment affairs effort, RANM will be involved at all levels to provide our voice and helping to generate a robust, job-creating economy.

Page 6: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM REALTOR® Voice | Second Quarter 2016 | Page 6

From NMREC

by Greg Foltz, NMREC President

Commission Adopts Rules on Advertising, Broker Duties; KillsLicense Number Display Proposal

The Real Estate Commission adopted a wide range of rule changes on June 20, highlighted by new advertising requirements for associate bro-kers and associate broker teams, and delineation of broker duties owed to customers and clients, tenants, and other brokers.

The Commission voted to not adopt a proposed change that would have required brokers to display their license numbers on all forms of advertis-ing. However, the Commission did adopt a new rule requiring that the qualifying broker’s contact information, including license number, be clearly and conspicuously displayed on any written document generated by the brokerage.

Associate brokers and associate broker teams will be required to display in all forms of advertising the name and telephone number of the broker-age with which they are affiliated in a type size not less than 33 percent of the associate broker or team name. Directional signs, such as those pointing to an open house, are exempt from the requirement.

The new rules break down broker duties to distinguish between those duties owed to customers and clients, tenants, other parties to the trans-action, and/or other brokers. Although there are many similarities among the duties owed, including an expansion of the current duty of honesty and reasonable care to add “professional and ethical conduct”, key differ-ences and changes include:

• “Active participation” by brokers in assisting their client or customer in complying with the terms and conditions and closing of a contract, unless otherwise agreed to in writing.

• Advice to clients and customers and tenants to seek legal advice re-garding the effectiveness, validity, or consequences of any express writ-

ten agreement they are required to sign.

• Written disclosure by brokers to tenants that the broker is the exclusive agent of the property owner in a residential property management transaction. The rules will be amended in several places to specify the exclusive agency relationship between residential property managers and property owners, and will make the rules consistent with the Uniform Owner Resident Relations Action.

• Non-interference with a pur-chase agreement or any express written agreement that another broker has with their client or customer.

The Commission also adopted rules to implement the transi-tion from the eight hour Manda-tory Course required every three years to a four-hour Core Course required every year, and to recon-figure and rename the Educa-

“Professional and Ethical Conduct” added to broker duties

A four hour Core Course will be

required every year

Page 7: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

tion Steering Committee (ESC) to the Education Advisory Committee (EAC). The new EAC will consist of eleven members, seven of whom will be non-instructor voting members.

Because license renewals and continuing education requirements are on a three-year cycle, implementing and monitoring an annual require-ment presents challenges. The Commission and staff are continuing to work on the details of how the annual requirement will be phased in, but one rule adopted on June 20 states that a broker who has completed the Mandatory Course during their current licensing cycle by December 31, 2016 will not be subject to the Core Course requirement until their next licensing cycle. The new rule also states that the Mandatory Course will not be available after December 31, 2016.

Continuing education requirements will be increased from 30 to 36 hours every three years, consisting of the four-hour Core Course every year, a four-hour Core Elective course in residential, commercial property man-agement, or vacant land/ranch transactions every three years, four hours of ethics training, and sixteen hours of other electives.

At the recommendation of the Commercial Association of REAL-TORS® of New Mexico (CARNM), the Commission adopted a rule that will allow brokers to complete either the New Broker Business Practices Course (NBBP) or the CCIM 101 course in their first year of licensure. The change was made in response to an ongoing concern that the NBBP course with its residential focus is not relevant to commercial brokerage.

Another rule change will require that fingerprinting occur no earlier than twenty-one days prior to submitting paperwork for initial licensure or renewal. The change was made to ensure that Commission investigators have timely access to criminal background reports generated by finger-prints.

The new rules will reinstate foreign brokerage, which was repealed by the legislature in its entirety in 2013 and reinstated in 2014 in a form that limits it to transactions involving commercial real estate.

The Commission also created a definition for a “virtual brokerage office” in response to a comment that while the Commission was implementing a rule that addressed license display requirements for virtual offices, it did not define a virtual office.

RANM REALTOR® Voice | Second Quarter 2016 | Page 7

Courtesy of Google, the new defi-nition of a virtual brokerage office is one that “provides communica-tion and address services without providing dedicated office space.”

The red-line version of these and other changes can be viewed on the Commission web site, Mem-bers and Meetings, Proposed Rule Changes.

The Commission will decide on a rules filing and effective date at their July 18 meeting. The State Rules Act provides that rules take effect the day they are published in the New Mexico Register, the bimonthly official publication of the State Records Center and Archives. The Real Estate License Law provides that the Commis-sion give licensees 30 days advance notice of the filing and effective date.

The Commission would like to extend its sincere thanks to Rules Task Force Chair Bob Treece and members Alice Tozer, Coleen Dearing, Jacque Moise, Dana Barnhill, Kerry Dunagan-Harvey, Commissioner Kurstin Johnson, and former Commissioner Bob Dunn for nearly three years of hard work and dedication on behalf of the Commission, New Mexico real estate brokers, and consumers.

CE requirements are raised to 36 hours every 3 years

Licensees will receive 30 daysadvance notice of filing and

effective date of revised rules.

Page 8: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM REALTOR® Voice | Second Quarter 2016 | Page 8

RANM on the Road 2016RANM Leadership brought RANM on the Road to Albuquer-que, Las Cruces, Roswell, Santa Fe, and Farmington and were joined by nearly 400 members for an update on RANM activities, lunch, and 4 hours of CE - which also met the NAR Code of Ethics requirement for members.

Page 9: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

Legal Corner

From Forms to Flying - the Latest in All Things Legal

Legal Corner is researched and written by Ashley Strauss-Martin, RANM

General Counsel

RANM REALTOR® Voice | Second Quarter 2016 | Page 9

continued on page 10

In this issue of the Legal Corner, I cover a miscellany of recent develop-ments that include new and revised RANM Forms, title insurance when buying on a real estate contract, photographing tenant-occupied proper-ties and the Federal Aviation Administration’s (FAA) new drone rules.

RANM FORMS

RANM will be releasing seven revised forms and two new forms this month. Prior to the release of these forms, RANM will be sending each member an e-mail alert which will include a synopsis of the changes to each form and the release date of the forms, so watch your in-box over the next couple of weeks.

The following forms have been revised:1) Seller’s Disclosures (Residential, Farm and Ranch and Vacant Land),2) Listing Agreement – Exclusive Right to Sell,3) Buyer’s Sale Contingency,4) Back-up Offer, and5) FIRPTA Information Sheet.

The following forms are new to the RANM Forms Library:1) the Tenant’s Consent to Photograph/Video and Hold an Open House, and2) the Landlord-Tenant Law - Service and Therapy Animals in Pri- vately Owned Housing Information Sheet.

Two issues newly addressed in the forms warrant further explanation. In the revised Listing Agreement, and the Purchase Agreement, you will notice that a field has been added for the Gross Receipts Tax (GRT) Location Code. The GRT Location Code entered must be for the loca-

tion of the property being sold, not the location of the bro-kerage. The follow-ing is an explana-

tion of the origin of this additional field.

As many brokers in Albuquerque are aware, Los Ranchos, a munici-pality surrounded on three sides by the City of Albuquerque, has an ordinance that requires brokers to purchase a permit number which must be secured to the “For Sale” sign before the sign is placed on the seller’s property. If a broker fails to do so, the local law en-forcement will place a black bag over the sign until the broker pays the fee.

This ordinance has been in place for years, but as of late, other jurisdictions have learned of the benefit of the ordinance and are looking to follow suit.

The ordinance was enacted be-cause the municipality was not receiving its GRT on fees earned by brokers and others who pro-

Watch for five revised RANM Forms and two additions to

the Forms Library

Page 10: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM REALTOR® Voice | Second Quarter 2016 | Page 10

continued from page 9Legal Update

RANM’s LEGAL HOTLINEContact the Hotline:Call toll free: 1-877-699-7266In Albuquerque: 505-821-1583

E-mail your question to: [email protected]

Hotline Hours: 9:00 a.m. to 1 p.m. * Monday through Friday

(excluding holidays)

The RANM Legal Hotline is a MEM-BER ONLY service designed to answer your legal questions about many diversi-fied areas of today’s real estate industry.

vided services within the municipality. It was not that brokers and other service providers were not paying GRT on their fees, but rather the GRT was not getting reported under the correct GRT Location Code and was therefore not being credited to Los Ranchos (most often in the case of Los Ranchos, Albuquerque was receiving the GRT). This ordinance was an attempt by Los Ranchos to recapture the GRT it was due.

Several months ago, Rio Communities, an area south of Albuquerque, began the process of passing a similar ordinance, this one aimed strictly at brokers.

Through the diligent efforts of a broker in that community, Harriett Taylor who has worked tirelessly to find an alternative way to ensure Rio Communities receives the GRT on broker commissions, the town has (temporarily) delayed passage of the ordinance.

According to the mayor of Rio Communities, municipalities all over New Mexico are con-sidering similar ordi-nances for the same reason. In short, either brokers find a way to assist the localities in assuring they receive the GRT from broker commissions or brokers across the state risk having to purchase permits before placing “For Sale’ signs in yards.

Local MLSs may also assist with the issue by adding a field for the GRT Location Code, so that buyers’ brokers will have that information when completing the purchase agreement. With the proper tax code on the purchase agreement, we are hopeful that the title companies, which most often write these checks, will properly calculate the GRT. Even with the title companies produce the checks, it is incumbent on the brokerages to

confirm that the proper tax code was used in the calculation.

Please remember, this is not a title company problem. The broker-ages are responsible for the proper payment of GRT on broker-age commissions. By assuring that these municipalities receive the GRT due, we are hoping to eliminate the need for any further sign permit ordinances. As a side note, RANM is also analyzing the constitutionality of such sign ordinances, which includes con-versations with NAR.

A second issue that merits discus-sion is new language in the List-ing Agreement regarding tenant occupied properties and the new Tenant Consent for Photography/Video and Open House.

Recently, in Santa Fe, a broker photographed the interior of a seller’s home that was tenant-oc-cupied. When the broker entered the photographs into the MLS and the listing, along with the photographs, were syndicated to various public websites, the ten-ant brought suit against the seller and the broker. The court found in favor of the tenant and awarded substantial damages to the tenant.

The new language in the Listing Agreement places the onus on the

Even when title companies write the checks, it is incumbent on the brokerage to confirm the proper tax code was used in the calculation.

Page 11: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

Legal Corner provides a limited and general discussion of some, but not all, aspects of issues that is intended but not guaranteed to be accurate as of the date published. This information may become outdated and it is the respon-sibility of the user to determine if it is current. No summary of the law is a substitute for legal advice with respect to a particular matter. No attorney-client relationship is intended or implied. If legal advice is required, the services of a competent attorney should be obtained. RANM members are cautioned against engaging in the unauthorized practice of law by ad-vising a consumer of legal rights and obligations or by applying the law to particular facts and circumstances. © 2016 REALTORS® Association of New Mexico .

RANM REALTOR® Voice | Second Quarter 2016 | Page 11

continued on page 12

seller to obtain the tenant’s written consent prior to the broker photo-graphing or taking video of the interior of the seller’s property. Further the Listing Agreement and accompanying form requires tenant’s consent to hold an “Open House” of the property.

It is important to note, that the Listing Agreement does not obligate the listing broker to conduct an “Open House”; it merely requires the seller to obtain tenant’s authorization in the event the broker chooses to do so.

TITLE INSURANCE AND REAL ESTATE CONTRACTS

In the last two months there have been two cases involving buyers’ failure to obtain title insurance when purchasing on a real estate contract.

In the first case, the seller (allegedly) failed to disclose an underlying mortgage on the property. Despite the buyer having made all required payment under the real estate contract, the seller failed to make the required payments on the underlying mortgage. The mortgagee initiated foreclosure proceedings against the property.

In the second case, the buyer purchased a property for $250,000. Again, the buyer did not conduct a title search or obtain title insurance. The buy-er made his payments as required for some time, but when he attempted to obtain a loan on the property to satisfy the balloon payment provision of the real estate contract, he learned there were over $2 million dollars in liens against the property.

These cases demonstrate the importance of the buyer obtaining title insurance when purchasing property using a real estate contract or other seller financing instrument. In the event a buyer opts not to obtain title insurance, the buyer’s broker involved in the transaction should obtain written confirmation from the buyer that the broker advised him/her of the importance of title insurance.

NEW FAA REGULATIONS CLEAR THE PATH FORCOMMERCIAL DRONE USE

Up until now, federal regulations have required commercial drone operators to apply for a "Section 333" waiver from the FAA before they could fly their small unmanned aircraft system (sUAS). One of the requirements of a

Section 333 Waiver is that the operator hold a pilot’s license.

Effective August 29, 2016, a person will no longer be required to hold a

pilot’s license or obtain a waiver prior to operating a sUAS for commercial purposes, thus, cre-ating a clearer pathway for real estate professionals to use drones for commercial purposes.

Under the new rules, a sUAS op-erator must obtain a remote pilot certificate with a sUAS rating, which requires the applicant to meet the following criteria:

1) be at least 16 years old; 2) be able to read, write, and un-derstand the English language; and 3) be in a physical and mental condition that allows for the safe operation of the sUAS; 4) pass an initial aeronautical knowledge test.

Additional information regarding the eligibility requirements and application process for a remote

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RANM REALTOR® Voice | Second Quarter 2016 | Page 12

continued from page 11

Legal Update

REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within four-year cycles. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®.

The current four-year cycle will end December 31, 2016. If you do not complete training by this deadline your REALTOR® mem-bership will be suspended (this includes your access to forms) until the requirement is met.

Training may be completed through local REALTOR® as-

Have You Taken Required Code of Ethics Training?

pilot certification with a sUAS rating is available on the FAA’s website.

The sUAS may only be flown during daylight hours. However, if the sUAS has appropriate anti-collision lighting visible for at least three miles, the sUAS may operate during civil twilight hours. In general, a sUAS may be flown no higher than 400 feet above ground level and may be operated at a maximum groundspeed of 100 miles per hour.

Items to consider when selecting a company to conduct a sUAS operation include whether:

1) a sUAS operator has either a current remote pilot certificate with a sUAS rating or a current pilot’s license and successfully completed the necessary training courses;2) the company has insurance coverage in the event of an accident or other related legal issue; and 3) the contract indemnifies you for any claims related to the sUAS op-eration, including privacy, personal injury, and property damage claims.

For more information, visit NAR’s Frequently Asked Questions about the Small Unmanned Aircraft Rule.

Follow RANM

sociations or through another method, such as home study, cor-respondence, classroom courses, or online courses. Click on the photo at right to discover the on-line op-tions available on realtor.org.

Page 13: THE REALTOR® Voice · 2016-07-15 · and Girls Clubs of New Mexico – an investment in our future! Thanks to all our members that volunteer their time and energy to keep RANM moving

RANM REALTOR® Voice | Second Quarter 2016 | Page 13

Governmental Affairs

RPAC-NM: Promoting and Protecting REALTORS® Interests in New Mexico

Governmental Affairs ar-ticles are researched and written by David Oakeley,

RANM GAD

When an important or controversial issue comes up that directly affects you, especially your livelihood, most of you would want to make your opinion known in an effort to influence the decision.

This isn’t always an option in the private sector, but when a matter is being considered by an elected or public body at the local, state or fed-eral level, every citizen ideally has the right for input. But, we know that always isn’t the case, and we also know that the voice of many has more sway than that of one.

That is the what the REALTORS® Political Action Committee of New Mexico (RPAC-NM) does for the membership.

When RPAC-NM makes a contribution to a candidate it is speaking for the approximately 6,000 RANM members who make their living in the real estate business, and it provides the membership with a seat at the table when an elected body is discussing or deciding on issues that affect our membership’s wallets.

RANM has introduced several bills in the New Mexico Legislature over the past few years and sometimes it takes several sessions before they are passed. RANM again will be looking at getting legislation and/or regula-tions that would create Home Inspector Licensing, capping HOA dis-closure fees, opposing Transfer Taxes and Tax Lightning, and working to deter copper theft.

But, RANM also diligently works to support, amend, or kill legislation that impacts the members. RANM reviews every piece of introduced

legislation (1,013 in this past 2016 session; 92 signed into law) and, either supports, opposes or simply monitors the bill, regardless of the bill’s origin.

RANM has testified in committee in support or opposition of a bill. Also, RANM is able to make its position known via a local Call for Action in which our membership is asked to send e-mails to their law makers. When a Legislators gets e-mails from their constitu-ents on an issue, they take notice.

RPAC-NM is a voluntary, non-profit, non-partisan committee of the REALTORS® Association of New Mexico.

Money from RANM members that is voluntarily contributed to RPAC-NM is used almost exclu-sively for candidate contributions at the local, state, and national levels. The names of all candidates and the amount contributed by RANM are filed with the New Mexico Secretary of State’s office. A link to RPAC-NM’s report,

continued on page 14

Las Cruces REALTORS® join Wes Graham for a Major Investor event

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RANM REALTOR® Voice | Second Quarter 2016 | Page 14

REALTORS® Present New Mexico Representatives . . .and State Legislators with RPAC Checks

which also shows all contribu-tions, can be found in the Govern-ment Affairs section of RANM’s website, nmrealtor.com.

A minimum $15 contribution by a RANM member is required to be officially recognized as a partici-pant (as of July 1, 2016 just under 30 percent of RANM’s member-ship have contributed $15 or more to RPAC).

continued from page 13Government Affairs

Contributions are not deductible for income tax purposes. Contributions to RPAC are voluntary and are used for political purposes. You may refuse to contribute without reprisal and the National Association of REALTORS® or any of its state associations or local boards will not favor or disfavor any member because of the amount contributed. 70% of each contribution is used by your state PAC to support state and local political candidates. Until your state PAC reaches its RPAC goal 30% is sent to National RPAC to support federal candidates and is charged against your limits under 2 U.S.C. 441a; after the state PAC reaches its RPAC goal it may elect to retain your entire contribution for use in supporting state and local candidates.

A portion of that $15 goes to the national RPAC organization that contributes to the candidates for the U.S. House of Representatives and the U.S. Senate.

A portion is available to the local associations that can be used, if they desire, for local municipal, county, or school board candidates.

The remainder is administered

by the RPAC-NM Trustees who meet on a regular basis and con-sider contributions for legislative candidates (House and Senate) and for statewide races including Governor, Lt. Governor, Attorney General, Secretary of State, Trea-surer, and Auditor.

Protect your interests - make your RPAC contribution today!

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RANM’s Benevolent Fund also has openings for

Directors; terms begin January 1, 2017. Visit nmrealtor.com/mem-bers/ranm-benevolent-fund/ for an application form.Deadline for applications is September 9. Questions, contact Diane Moehlenbrink at [email protected].

RANM REALTOR® Voice | Second Quarter 2016 | Page 15

Report of the Credentials CommitteeThe RANM Credentials Committee announces candidates for the fol-lowing officer and director positions:

President-Elect: Connie Hettinga, Las CrucesTreasurer: Ben Lyons, San Juan County and Paul Wilson,

Greater AlbuquerqueCentral District Vice President: Todd Clarke, CARNM and

Jean Duran, Greater AlbuquerqueNortheast District Vice President: Paul Romero, Taos

Southwest District Vice President: James Russ II, Ruidoso/Lincoln County

Individual REALTOR® Director: Richard Randals, TucumcariNAR Director: Cathy Colvin, Greater Albuquerque and

Baro Shalizi, Santa Fe

The President-elect and Treasurer will serve for a one-year term begin-ning on January 1, 2017. The District Vice Presidents and Individual REALTOR® Director will serve for a two-year term beginning January 1, 2017. The NAR Director will serve for a three-year term beginning December 1, 2016.

Join a RANM Committee in 2017. Your participation helps RANM provide the programs, products, and services our mem-bers want and need.

Committee descriptions and an applica-tion form are available in the members only/committees, boards, and meeting agendas section of nmrealtor.com. Most RANM committees meet at January’s Leadership, Legisla-tive, and Business Meetings and other times throughout the year as needed.

Applications must be received by the RANM office by September 23 for consideration. Questions? Contact [email protected].

Join a RANM Committee!

The election of officers and directors will take place at the 2016 Fall Meeting of the RANM Board of Directors. The meeting will be held September 19, 2016, at Hotel Albu-querque.

The NM-MLS is seeking candidates to fill Director vacancies. Any NM MLS Subscriber or Participant is eligible to apply for a position on the Board of Direc-tors. Deadline for applications is July 31, 2016. For complete info, visit nmrealtor.com/members/new-mexico-mls or contact Megan McFarlane at [email protected].

Directors/Trustees Sought

The Stanley H. Mathis Foundation is seeking appli-cants for Trustee vacancies. Any RANM Member or AE is eligible to apply for a position on the Founda-tion Board. Deadline for applications is July 31, 2016. For complete info, contact Barbara Arnal at [email protected].

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RANM REALTOR® Voice | Second Quarter 2016 | Page 16

The REALTOR® Voice is published four times a year by the REALTORS® Association of New Mexico, 2201 Brothers Road, Santa Fe, NM 87505. Phone: 800-224-2282 (982-2442 in Santa Fe); fax: 505-983-8809

www.nmrealtor.com

The Voice for Real Estate in New Mexico™

Copyright 2016 REALTORS® Association of New Mexico -

all Rights Reserved.For permission to reprint

any article or portion thereof contained in this edition, call

800-224-2282

2016 RANM OfficersPat Fell, CRS, GRI, e-PRO - PresidentVictoria Murphy, ABR, AHWD, CRS, GRI, SRES - President-ElectConnie Hettinga, ABR, CRS - TreasurerM. Steven Anaya, RCE - Chief Executive Officer

Barbara Arnal - Member Services DirectorTim Buck - Information Technology SpecialistEva Maestas - Office ManagerDiane Moehlenbrink, CAE, RCE - Communications DirectorDavid Oakeley - Governmental Affairs DirectorMellanie Trujillo - Accounts Manager

Megan McFarlane - NM-MLS Administrator - 505-395-4567

Purchase Your Pin Now.

Show your REALTOR® Pride.Purchase a turquoise and sterling silver

REALTOR® pin AND support the RANM Benevolent Fund!

RANM Staff ChangesRANM is pleased to announce the move of Barbara Arnal to Member Services Director and welcome Mellanie Trujillo as our new Accounts Manager.

Barbara joined RANM as Accounts Manager in March of 2011. As Member Services Director she will maintain member records and serve as liaison to the Forms, Member Services, Professional Edu-cation, and Strategic Planning Committees. Bar-bara may be reached at [email protected].

Mellanie is a graduate of Santa Fe Community College with an Associates Degree in Business Administration with a concentration in account-ing. She has worked in the banking, mortgage, real estate, and insurance industries. As RANM Ac-counting Manager Mellanie will maintain account-ing records and perform bookkeeping functions for RANM and RPAC-NM and assist the outside accountant in producing monthly financial statements. Mellanie’s e-mail address is [email protected].

continued from page 1

you’ll enjoy the opening luncheon with economist Elliot Eisenberg; Tuesday’s breakfast with journalist Bill McGowan; and Wednesday’s breakfast where we will draw the winners of RANM’s raffle to ben-efit the Boys and Girls Clubs of New Mexico.

Throughout the Summit you’ll discover some great breakout ses-sions too including:* Staying Safe in Any Situation* Home Staging Essentials* Trading Facebook for Face Time* Communicating with Real Estate Clients

Visit the Housing Summit website to register (just $350 for RANM members before August 6, 2016), hotel info, and a complete agenda.

Fall Conference