Almost 150 were in attendance at Lone Tree Golf course last Friday Night where  Ralph Garrow, Jr and the officers and members of the board directors were installed by California Association of Realtors Treasurer, Don Faught.  The outgoing directors were Liz Mahoney and Darnella Barnes.  Two new members of the board are Lynn Valintis and Errol Mooney.  Liz Mahoney was the recipient of the REALTOR of the Year Award.  Riz Nauman, from Old Republic Home Warranty was named Affiliate of the Year.  Gary Agopian, Realtor and newly elected Antioch council member handled the job of Master of Ceremonies in great fashion, keeping the program moving along at a pace that kept the audience involved and respectful. 

Darnella Barnes gave a memorial of 2005 President Ron Brown who passed away last June.
Wayne Metz, a two time President of DAR was given a certificate of Appreciation for his years of service.
In her short remarks, Outgoing President, Denise Stewart thanked all the members of her leadership team and staff for the work they accomplished in 2010. 
Ralph Garrow's acceptance speech emphasized member involvement.  It was very well received.  Soon after, he was dancing to a great band, Carte Blanche. 
 

Case #2-2  Responsibility for Sales Associate's Error Revised Case #9-5 May, 1988.  Transferred to Article 2 November, 1994.)

REALTOR® A, a REALTOR® principal, was asked to list a neglected house that obviously needed a wide range of repairs. He strongly advised the owner that it would be to his advantage to put the house in good repair before offering it for sale, but the owner wanted it sold at once on an "as is" basis. REALTOR® A wrote a novel advertisement offering a "clunker" in poor condition as a challenge to an ambitious do-it-yourself hobbyist.

A few days later, Sales Associate B, who was not a Board member, from REALTOR® A's office showed the house to a retired couple who liked the location and general features, and who had been attracted by the ad because the husband was looking forward to applying his "fix-up" hobby to improving a home. The sale was made.

Shortly thereafter, REALTOR® A was charged by the buyer with having misrepresented the condition of the property.  REALTOR® A accompanied Sales Associate B to the hearing, armed with a copy of his candid advertisement. The hearing established that the buyer fully understood that the house was represented to be generally in poor condition, but that while inspecting the house with a view to needed repairs, Sales Associate B had commented that since the house was of concrete block and stucco construction, there would be no termite worries since termites could not enter that type of construction. Sales Associate B confirmed this and his belief that the statement was correct. However, after the sale was made, the buyer ripped out a sill to replace it and found it swarming with termites, with termite damage to floors in evidence. Further questioning established that there had been no evidence of termite infestation prior to the sale, and that the Sales Associate had volunteered an assurance that he thought was well grounded.

REALTOR® A, prior to the conclusion of the hearing, offered to pay the cost of exterminating the building and the cost of lumber to repair termite damage in view of Sales Associate B's failure to recommend a termite inspection, which was the usual and customary practice in this area. The complainant stated that this would satisfy him completely.

What did the Hearing Panel Decide?