6-26-17   •   Vol. 2017 Issue 23    •   Brian Copeland, 2017 President   •  Phil Newman, Editor
**Register HERE for our Fall Convention, Sept. 13-16 in Memphis!**

TAKEAWAYS:
✔  tarnet.com shut down, transition to www.tnrealtors.com complete
✔  TransactionDesk is about to launch a new app (for iOS)
✔  Hotline guidance on items left behind: drapes, appliances…bedbugs?
✔  Celebrating RPAC and the Realtor
® Party at NETAR in East Tennessee

Website Update: tnrealtors.com replaces tarnet.com
Having completed a period of transition, as of todaywe have closed our former tarnet.com website and moved completely to our new website at tnrealtors.com. The new site includes all of the same features and benefits for our members, including Tennessee forms and TransactionDesk. Please update any bookmarks and links you may have to reflect the new URL.

Here are several direct links to areas of the new site:

HOW TO GET AROUND THE NEW SITE
HOME PAGE 
MEMBER SERVICES
FORMS ON THE FLY
LEGAL & ETHICS HOTLINE
TECH SUPPORT
EVENTS
2017 FALL CONVENTION
PROFESSIONAL DEVELOPMENT 
VOTE. ACT. INVEST. (RPAC)
LOCAL ASSOCIATIONS

TransactionDesk Launching New App for iOS
A new TransactionDesk app for iOS devices can help you track your deals on the go. The app is soft-launched now with an official rollout set for July 5. Instanet plans an Android version in a second phase; iOS is first because 90 percent of logins to TransactionDesk and Authentisign have been on iPhones and iPads. For more information and download details, visit HERE.

Tech Tools for Your Safety: Free Webinar 6/28
Working in real estate can be dangerous. For insights on protecting yourself in the field, join Juanita McDowell of the Real Estate Technology Institute (RETI), a Tennessee REALTORS® partner, for a free webinar at 3 p.m. EDT/2 p.m. CDT this Wed. 6/28. RegisteHERE.

2017 Fall Convention Preview: Zan Monroe
Among many highlights of our 2017 Fall Convention will be Zan Monroe leading four hours of CE. Zan will focus on raising your productivity through innovative sales approaches. He’ll also lead an interactive discussion on future trends. Watch a preview from Zan at THIS LINK

“Pricing and Positioning Listings to Sell” (2 hrs CE), 9:00 a.m. Thursday, Sept. 14

“The Future of Real Estate” (2 hrs CE), 12:30 p.m. Thursday, Sept. 14

Get more Fall Convention details and REGISTER HERE.
View and/or print the full event schedule HERE.
See our full all-star line-up of guest speakers HERE.

BROKERS: Get in on our Core Course, July 20 
Tennessee REALTORS® will host the following course soon. Click the link for more details.

Thurs., July 20: 2017-2018 Principal Broker Core Course

To explore all upcoming courses, log into the member portal HERE and select the “Events” tab, then “Upcoming Classes”.

Celebrating RPAC and the Realtor® Party at NETAR
The Northeast Tennessee Association of REALTORS (NETAR) hosted a special event last week to focus on legislative advocacy, the importance of the REALTORS® Political Action Committee (RPAC), and more. 2017 NETAR President Eric Kistner helped to welcome special guests including former Lt. Gov. Ron Ramsey (who is now working on the Hill on behalf of REALTORS®) and Russ Farrar of Farrar and Bates; state Sens. Rusty Crowe and Jon Lundberg; state Reps. Gary Hicks and David Hawk; Bill Darden from the office of U.S. Rep. Phil Roe; TREC Commissioner Diane Hills; Tennessee REALTORS® Past Presidents Jewell McKinney and Randy Thomas (who will serve as 2018 NAR Region 4 Vice President); and state Governmental Affairs Director Jennifer Farrar. IN PHOTO (clockwise from top left): Jon Lundberg, Russ Farrar, Ron Ramsey, Randy Thomas. To learn more about legislative advocacy and investing in RPAC, go HERE.


Source: Tennessee REALTORS® Legal & Ethics Hotline Counsel

Should It Stay or Should It Go?**
This one goes out to the stuff they’ve left behind.** Specifically, how to deal with drapes, appliances, and even bedbugs that may or may not remain after the sale. Read on…
**With apologies to The Clash and R.E.M.

Drapes Left Behind?

Q: With regard to line 14 of the Tennessee REALTORS® contract, regarding draperies, it is my understanding that, unless it is discussed and noted in the contract, all draperies of any type are to remain in the home. Is this correct?

A: Yes, a blank Purchase and Sale agreement, RF401, unless otherwise noted, intends for window treatments to remain.


Appliances Left Behind?

Q:In the Purchase and Sale agreement, it is noted that all appliances are to remain in the home, with the exception of the refrigerator. The seller has removed the washer and dryer. Would they be considered as an appliance and thus must be left with the home?

A: The Hotline cannot comment specifically on any executed contract. The issue of appliances is one about which we receive many questions. In general, it is wise for sellers and buyers to be very specific when listing appliances that will stay or not stay. If the seller plans to take an appliance, they should so state—specifically, even down to the model number. If the buyer expects an appliance to stay, they should so state—again, specifically. This will prevent problems in the future on this issue. If your buyer has questions concerning their legal rights under the contract, they should contact their own attorney.


Bedbugs Left Behind?

Q: Is the seller of a property that currently has bedbugs, or has previously, required by law to disclose that?

A: The Hotline cannot advise as to exactly what sellers are required to disclose in a real estate transaction. If the parties have questions concerning this, they should speak with their own legal counsel. The Hotline can remind you that real estate agents are required to disclose adverse facts of which they have actual notice or knowledge. Per Tenn. Code Ann. § 62-13-403(2), a real estate agent is required to “[d]isclose to each party to the transaction any adverse facts of which the licensee has actual notice or knowledge.” Tennessee law further defines an adverse fact as “conditions or occurrences generally recognized by competent licensees that have a negative impact on the value of the real estate, significantly reduce the structural integrity of improvements to real property or present a significant health risk to occupants of the property.” Tenn. Code Ann. § 62-13-102(2)

In addition, you have an obligation pursuant to Article 2 of the Code of Ethics: Realtors® shall avoid exaggeration, misrepresentation, or concealmentof pertinent facts relating to the property or the transaction. Realtors® shall not, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real license, or to disclose facts which are confidential under the scope of agency of non-agency relationships as defined by state law. [emphasis added]

If you determine (after discussing with your broker) that the presence of bedbugs is an adverse fact, you are required by law to disclose it and to notify future prospective buyers. It would be wise to tell your client that you will be making the disclosure and why you feel a disclosure is necessary. Disclosures should be made in writing and signed by the potential buyer. If disclosures are made, following up with documentation of repairs done to remediate the problem is also recommended.

LINKS:

Past issues of The Digest
Check your CE hours
Find CE and other courses in TN
Find online CE courses
Contact our Legal and Ethics Hotline
Tennessee Real Estate Commission (TREC)
Our website
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