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NEWS & ARTICLES
From Colorado Real Estate Commission, 27 Dec 2010
In response to inquires from the public and brokers, the Colorado Real Estate Commission has issued CP-36 Commission Position on Minimum Service Requirements. Click here for a copy or it is available on the website of the Division of Real Estate www.dora.state.co.us/real-estate. To the extent that there was any misunderstanding about the services brokers must provide in Colorado, there should be no confusion now.
CP-36 states that Colorado statutory law imposes minimum duties on every Colorado broker who serves as a transaction broker or agent for a seller (landlord) or buyer (tenant), as follows:
- the minimum duties for an agent working for a seller (landlord) are at C.R.S. §12-61-804;
- the minimum duties for an agent working for a buyer (tenant) are at C.R.S. §12-61-805; and
- the minimum duties for a transaction broker working for a seller (landlord) or buyer (tenant) are at C.R.S. §12-61-807.
Please consult these lists of minimum duties, but note that the minimum duties imposed on all licensed brokers include presenting offers and counter offers. In the case of agents, brokers must counsel on the benefits and risks of transactions, and in the case of transactions, brokers must advise on the transaction.
CP-36 also restates Colorado statutory law which permits brokers to agree in writing to perform duties in addition to those set forth in C.R.S. §12-61-803, such as listing the property in a multiple listing service (MLS) or other information exchange. The Colorado statutes do not permit brokers to perform less than the statutory duties. Moreover, the position statement clearly states that a broker in Colorado is not allowed to only perform additional duties such as merely listing property in a MLS, because the law requires that all of the minimum duties must be performed as well.
The Commission has clarified that regardless of the level of fee to be charged, a broker must perform all of the minimum duties and obligations set forth by the State Legislature in the Brokerage Relationships Act C.R.S. §12-61-801 et seq.
The Colorado Real Estate Commission does not regulate what listings can or cannot be put into a MLS. If you are involved with a MLS or have questions about your own listings or services, you should consult legal counsel for advice on applicable Colorado and Federal law.
Rothgerber Johnson & Lyons LLP is a regional law firm having a diversified practice in most major areas of law including anti-trust and real estate brokerage law from offices in Denver, Colorado Springs, and Casper. The firm has served as legal counsel to CAR since 1990. The firm regularly advises brokers and brokerage firms to avoid liability and assure compliance with Colorado Law and Commission rules.
Dick Clark is the lawyer responsible for the content of this email. He can be reached at 303-628-9531 or at rclark@rothgerber.com
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Latino Population Growth Fuels State Gains of Congressional Seat
States must ensure that new district maps enable Latinos to choose their elected leaders
WASHINGTON, Dec. 21, 2010 /PRNewswire-USNewswire/ --With the release today of Census 2010 reapportionment data, an analysis conducted by the National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund shows that the growth in Latino numbers is fueling the population increase in states which will gain seats in the U.S. House of Representatives. The analysis suggests that the percentage increase in the Latino population during the last decade contributed significantly to the overall growth of such states as Texas, Florida, Arizona and Nevada (see Table 1).
"The growth of the Latino population is reshaping the political geography in states that are gaining Congressional seats. Even in states such as California, Illinois or New York, which are not gaining or are losing seats, the increase in Latino numbers has helped minimize congressional losses," said NALEO Educational Fund Executive Director Arturo Vargas.
Today's release of Census 2010 population data only determines the number of congressional seats for each state. The Census Bureau will be releasing the data that states will be using to draw district lines on a rolling basis during February 2011 and March 2011.
"The 2011 redistricting will map the future of our representative democracy for the next ten years. Those who are responsible for drawing district lines must recognize the growth of the Latino population, and new maps must ensure that Latinos can choose their elected leaders. The Voting Rights Act of 1965 (VRA) prohibits states from creating districts that may dilute and or divide the votes of Latinos and other under-represented groups. We call on all states to comply strictly with VRA requirements during the 2011 redistricting," added Mr. Vargas.
"While we will not know the actual size of the nation's Latino population until early next year, today's numbers suggest that Latinos across the United States placed a high priority on being counted in the 2010 Census and on being full participants in the American political process. It is now time to make sure that Latinos can embrace the opportunity to translate those Census numbers into full and fair representation."
About NALEO Educational Fund
The NALEO Educational Fund is the nation's leading non-partisan, non-profit organization that facilitates the full participation of Latinos in the American political process, from citizenship to public service.
CONTACT: Patricia Guadalupe, +1-202-546-2536, pguadalupe@naleo.org
New Year's Resolutions vs. New Year's Goals
By F. John Reh, About.com Guide
So what is it going to be this year? Same old resolutions to:
- Lose Weight
- Pay off Debts
- Save More Money
- Provide Better Income for Family
- Spend More Quality Time with Family
Or maybe some business-related resolutions for the new year:
- Cut Expenses
- Increase Sales
- Improve Product Quality
- Build Partnerships with Suppliers
- Reduce Short-term and Long-term Debt
Well, they really aren't all that different, are they? We all vow each year to try harder to do the things we know we should do - get in better shape, physically, financially, emotionally.
Those of us who also are responsible for business units make similar promises to ourselves to do what we already know has to be done to improve the business.
I will leave the personal improvement resolutions to you to handle, but I want to give you some ideas on how to make this year's new year's resolutions for your business come true.
First, the easy part - Decide what you want to achieve; what you want to make happen; what most needs to be done. Then, the hard part - Set your GOALS.
Set Specific Goals
Setting goals is important. That is how you convert good, but ephemeral, IDEAS (cut expenses, increase sales) into specific, measurable TARGETS (reduce G&A expenses by 5% before the stockholder meeting in May; increase sales of the retail brands by at least $60,000 per quarter).
This is not the time to worry about whether or not you can reach these goals. You will have plenty of time for that later. This is the time to "draw the line in the sand" and publicly announce "this is what we are going to do, and this is when we will do it."
If you set easy goals - keep expenses at this year's levels; increase sales of our flagship product by 2% this year - you will fail. Oh, you won't fail to meet those goals, but you will fail to satisfy yourself. And you will fail to keep the business alive, because your competitors will set, and reach, more aggressive goals.
If you set difficult, yet reasonable, goals it won't really matter if you reach them. The effort to reach them will force you to push yourself. It will make you use the resources you have to the best of your ability. It will teach you what you really can do when you focus on specific goals.
However, I suspect you will get pretty close to those goals. Who knows? You may even reach and surpass them. And your reward for doing that? Self-satisfaction in knowing that you really are 'the best' and the privilege of competing again next year in the cut-throat world of business.
Set Measurable Goals
In setting your goals, it is important to be as specific as you can. Nobody knows your business like you do. Nobody knows what your people are capable of as well as you do. And only you know what is really important to you. So you have to be the one to set the goals and communicate them to everyone else.
The more specific and more measurable your goals, the easier it will be to tell when you reach them.
For instance, if you set a goal "to increase sales" how do you know if you have succeeded? If your month on month sales figures for January exceed last year's January sales figures have you met your goal? What about the fact that you have four more stores this January than last January? Were sales really hot last January, because of that freak storm? If you've met your goal by the end of January, what will you use to test yourself for the rest of the year.
If, on the other hand, your goal is "to increase net sales for each region by at least 5% per quarter and 7% by year end", you have something you can measure, track progress against, and use to push yourself to new successes.
If you decide to "reduce turnover of full-time staff to under two percent for the entire year, and cut the drop out rate of help-desk staff by half" you are better off than simply deciding "to increase employee morale".
Rewards
Don't wait for this time next year to sit back and look at this list and see how you did. Post your goals where you, and everyone else, can see them. Measure how you are doing against your goals, and adjust as necessary. Do this at all the measurement points you built into the plan (monthly, quarterly, whatever intervals you selected). That way, when this time next year does get here you can sit back and reflect again. Rejoice in your successes. Learn from your misses. And then set tougher goals for the following year.
