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Frequently Asked Questions
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What is the REALTOR®
Association of Pioneer Valley?
The
REALTOR®
Association of Pioneer Valley is a non-profit trade association
consisting of 1,985 REALTOR®
and Affiliate Members in the 3-county Pioneer Valley region of
Western Massachusetts. 2006 marks the 91st anniversary
of the association. It is recognized as one of the largest trade
associations in
Western Massachusetts.
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Geographic Jurisdiction: The REALTOR® Association of Pioneer Valley consists of 69
cities and towns located in Hampden, Hampshire and
Franklin counties in Western Massachusetts.
The heart of the
Pioneer Valley is the historic Connecticut River which bisects the
region from the Vermont border in the north to the Connecticut
border to the south. Ridges of the Berkshire Mountain chain lie to
the west and the Quabbin Reservoir and Watershed borders on the
east.
Objective(s): To further the interests of home ownership and other real
property ownership; to unite those engaged in the real estate
profession; to promote the high standards of conduct in the real
estate profession as expressed in the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS®;
to provide a unified medium for real estate owners and those engaged
in the real estate profession whereby their interests may be
safeguarded and advanced.
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Why a REALTOR®?
All real estate
licensees are not the same. There is a difference between a REALTOR®
and a real estate agent. Sure, both are licensed by the
Commonwealth. But only real estate licensees who are members of the
NATIONAL ASSOCIATION OF REALTORS® are properly called
REALTORS®. A REALTOR®
has taken extra steps to become a member of an association of real
estate professionals that adheres to a strict Code of Ethics and
are expected to maintain a higher level of knowledge of the process
of buying and selling real estate.
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What is the REALTORS® Code of Ethics?
All REALTORS®
must know and comply with the NATIONAL ASSOCIATION OF REALTORS®
Code of Ethics which goes beyond state licensing requirements.
REALTORS® are committed to treat all parties to a
transaction honestly. They must complete ethics training by taking
at least 2.5 hours of instruction at least once every four years to
retain membership in the NATIONAL ASSOCIATION OF REALTORS®.
A REALTOR®
is subject to disciplinary action if a local association of REALTORS®
finds him or her in violation of the Code of Ethics. Real estate
agents who are not REALTORS® do not subscribe to the Code
of Ethics.
By
working with a REALTOR®, you are ensuring that your
transaction will be handled professionally, and that your rights in
real estate activities are protected under the Code of Ethics.
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What does a REALTOR® do for you? – Qualify Buyers
As a home seller,
the first, and maybe most important one decision, is whether to work
with a real estate professional. This one decision will greatly
affect every step of the home selling process.
For most, the
answer is an automatic "Yes, of course I plan to work with a
professional." But for others, the misconception that selling a
house is a snap and that there's lots of money to be saved in
selling your own home may result in a misjudgment.
Consider the
specific services you receive when you work with a professional,
particularly one who is a REALTOR®, a member of the
NATIONAL ASSOCIATION OF REALTORS®.
Qualifying Buyers:
Why waste time showing your home to people who don't have the means
to purchase it. A REALTOR® can qualify potential buyers
to see whether they can afford your home and also identify whether
your home meets their needs. This eliminates a great deal of
inconvenience for, you, the home seller.
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What does a REALTOR® do for you? – Provide a Measure
of Safety and Security
Safety & Security:
When you place your property on the market, you open your home to
strangers -- individuals who may have thoughts of something other
than buying a home. REALTORS® provide a certain measure
of security, in that they have met and talked with the buyers and
may have had experience in handling certain situations that could
lead to the loss of property or the infliction of physical harm on
the occupants.
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What does a REALTOR® do for you? – Negotiate
Contracts
Negotiating
Contracts:
Once a prospective buyer makes an offer to purchase, the negotiating
begins. Negotiation includes everything from whether the bedroom
draperies stay, to the all-important purchase price. Frequently,
buyers will lower their offer to a for-sale-by-owner, because they
know the sellers are not paying a commission. Many homeowners are
not comfortable or unbiased enough to successfully handle this
process. A REALTOR® understands both the technical and
emotional aspects of the negotiation process, and can often bring
the two parties to an agreement that otherwise could not have been
achieved.
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What does a REALTOR® do for you? – Arrange Financing
Arranging Financing:
A REALTOR® plays a vital role in keeping buyers up-to-date on the
most current information in the changing world of mortgage
financing. A REALTOR® also can help determine what type
of mortgage plan will best fit the buyer's particular needs. This
process eases the transaction for both the buyer and seller.
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What does a REALTOR® do for you? – Honest Treatment
Honest Treatment:
Wise buyers and sellers, choose to hire not just a real estate
professional, but one who is a REALTOR®, a member of the
NATIONAL ASSOCIATION OF REALTORS®. A REALTOR®
has agreed to abide by the Code of Ethics of the NATIONAL
ASSOCIATION OF REALTORS® -- which includes a pledge to
protect and promote the interests of their client and to treat all
parties honestly.
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Find a REALTOR® - Find an Affiliate Member
To
locate a REALTOR® in the Pioneer Valley, visit
www.rapv.com and select Find a REALTOR®
under Consumer Resources. The member database may be
searched by the first and last name of the real estate agent or by
real estate office. Complete the desired fields on the form. You
may also search for an Affiliate member. Affiliate members are
individuals or firms, while not engaged in the real estate
profession as REALTORS®, have interests requiring information concerning real
estate; mortgage officers and lending institutions, real estate
attorneys, and title companies, among others.
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Should you sell your home yourself?
Could you sell your
home by yourself? Of course you could, whether you should or will
want to, however, is a different matter.
Homeowners
attempting to sell their homes without the help of a professional
generally do so to save the agent's commission fee. This saving may
or may not payoff. Prospective buyers commonly submit lower offers,
knowing the seller does not have to pay an agent's commission. It
also may take longer for an owner to sell his or her home. Research
conducted by the NATIONAL ASSOCIATION OF REALTORS® shows
that the average buying or selling transaction takes 4.5 months.
Regional figures vary depending on the market. However, those who
tried to sell their home without the assistance of a real estate
agent took the longest. Before attempting to sell your own home,
you should ask yourself these questions:
1. Do you have
sufficient knowledge to price your own home? Are you aware of the
ever-changing market conditions and of recent sales of similar homes
in your area? Can you run a comparable market analysis for your
area?
2. Do you have the
skills and resources to advertise and market your home effectively?
Are you prepared to pay advertising costs and be available to handle
calls?
3. Do you know what
financing is available? (This is one of the first questions a buyer
will ask.) Are you informed about FHA, VA, PMI and other financial
methods?
4. Do you have a
network of contacts to produce potential buyers, and are you able to
screen unqualified prospects -- people who are just curious? Are you
comfortable greeting strangers who stop by at 9 p.m. because they
saw your yard sign?
5. Are you
available seven days a week to show your home? (Buyers will expect
you to be available at their convenience, not yours.)
6. Do you have good
negotiating skills? Are you comfortable haggling face-to-face over
the price? Will you be ready to reveal known defects of your home
and do you know what you are required, by law, to reveal?
7. Can you write a
binding contract? Do you have offer forms readily available? Do you
have a lawyer to advise you on essential terms that must be in the
contract?
8. Can you close a
sale? Are you familiar with the many steps required after an offer
has been accepted?
If you can
confidently answer yes to all these questions, you probably could
sell your own home. Most homeowners, however, recognize the wisdom
in working with a trained, licensed professional to handle the many
complex details of a home sale. Mistakes can be costly --mistakes a
real estate professional can easily avoid. The sales agent you
select should be able to answer yes to these questions. After all,
it's his or her job to know the many aspects of real estate
transactions. One final question for homeowners who are considering
marketing their own homes; Whether you are an accountant or a
zoologist, or anything in between, do you think it's reasonable for
someone with no training or expertise to do "your" job?.
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Who represents you when you are buying a house?
Not all agents
who work with buyers actually represent the buyer. Many may work
contractually for the seller. Make sure you understand the type of
agency being provided by your agent. If you want to be represented
by a “Buyer's Agent”, make sure to make your wishes known.
Available
Property:
A REALTOR® has information about available properties in
various neighborhoods in different price ranges. They work closely
with other REALTORS® in sharing information. They can
answer questions about the tax structure of the communities in which
they serve.
Know your
budget:
REALTORS® are familiar with each property for sale and
will work closely with you, showing you those properties that meet
your specifications. Share with them your financial position, your
basic needs and desires. That way the REALTOR® will only
show you homes that “fit the bill.” They are familiar with lending
institutions, know how much down payments will be required, and what
the approximate monthly payments and closing costs will be. They
will prepare your offer and present the offer to the seller.
Neighborhoods:
REALTORS® can answer questions concerning zoning,
neighborhoods, schools, places of worship, shopping centers and
transportation.
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What is Agency Disclosure?
In the
Commonwealth of Massachusetts a real estate license is obligated by
law to present the Massachusetts Mandatory Licensee-Consumer
Relationship Disclosure form. All real estate licensees must
present the form at the first personal meeting with you to discuss a
specific property. Agency relationship, as defined on the form,
include seller’s agent, buyer’s agent, facilitator (non-agent),
designated seller’s agent, designated buyer’s agent, dual agent.
The Massachusetts Mandatory Licensee-Consumer Relationship
Disclosure form is not a contract.
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What are the requirements to obtain a Massachusetts
real estate license?
In the
Commonwealth of Massachusetts the Board of Registration for Real
Estate Salesmen and Brokers (Board) oversees the licensing
requirements. There are two types of real estate licenses – sales
license and broker license. Each has different requirements.
Sales License:
1) Submit proof satisfactory to the Board that the individual has
completed a course in real estate subjects approved by the Board,
such course to total 24 classroom hours of instruction; 2)
Satisfactory pass a written examination conducted by the Board or an
independent testing service designated by the Board. Passage of
such exam must take place within two years of successfully
completing the 24 hours of classroom instruction; 3) Pay the
appropriate license fess as determined by the Board.
Broker
License:
1) Hold an active salepersons real estate license and have had a
minimum of 52 weeks at 25 hours a week experience with a licensed
broker(s). Such broker(s) must sign-off verifying the hours; 2)
Submit proof satisfactory to the Board that the individual has
completed a course in real estate subjects approved by the Board,
such course to total 30 classroom hours of instruction; 3)
Satisfactory passage of a written examination conducted by the Board
or an independent testing service designated by the Board. Passage
of such exam must take place within two years of successfully
completing the 30 hours of classroom instruction; 4) Present a bond
in the form approved by the Board in the sum of five thousand
dollars, executed by the applicant and by a surety company
authorized to do business within the commonwealth; 5) Pay the
appropriate license fess as determined by the Board.
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What are the continuing education requirements for
real estate licensure?
Any person holding
a real estate broker or salesperson license, which is subject to
renewal, shall, within 24 months prior to the renewal date,
satisfactorily complete courses or programs of instruction approved
by the Board of Registration for Real Estate Salesmen and Brokers
(Board) totaling 12 hours. Every person who fails to furnish, in a
form satisfactory to the Board, written certification that the
required courses or programs were completed shall be granted
inactive status by the Board upon renewal of his/her license.
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What are the Fair Housing Laws?
The Federal Fair
Housing Act declares it is illegal to discriminate on the basis of
race, color, national origin, sex, religion, handicap and familial
status. The Massachusetts Fair Housing Law declares that it is
illegal to discriminate on the basis of race, color, religious
creed, national origin, sex, sexual orientation, age, children,
ancestry, martial status, veteran history, public assistance
recipiency, or handicap (mental or physical). The Fair Housing Laws
are complex. If you do not understand them, consult an attorney.
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What is Title 5?
Title 5
is a Massachusetts law dealing with septic systems. For most
properties, inspection must have occurred within two years prior to
the transfer of property (three years when a system has been pumped
on an annual basis and pumping records are available). The law
applies regardless of whether it is a cash deal or a lender is
involved. It is important to note that the regulations do not
require an upgrade of the system prior to transfer, merely an
inspection. Under Title 5, the property owner or facility operator
is generally responsible for obtaining an inspection of the system.
Prior to the time of transfer of title, however, the parties may
contractually allocate responsibility for the inspection provided
that such inspection occurs within the specified timeframes. An
inspection must be conducted by an approved system inspector. If an
inspection is required, he/she must record the inspection results on
a state Department of Environmental Protection (DEP)-approved
inspection form and submit the form, within 30 days of the
inspection, to the approving authority. A copy of the inspection
report must be submitted to the buyer or other person acquiring
title to the facility served by the system. The inspection is
intended to provide sufficient information to make a determination
as to whether or not the system in its current condition is adequate
to protect public health and the environment. Local Boards of
Health are the approving authorities for most systems. The DEP is
the approving authority for state and federal facilities.
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