Own your present. Empower your future.

The Americans with Disabilities Act (ADA) requires that businesses make both their physical space and their online space accessible to individuals with disabilities. Denial of full and equal access to website content, and real estate services, as a result, may also be a Fair Housing violation. The Web Content Accessibility Guidelines provide a detailed breakdown of the steps that can be taken to make online content more accessible to people with disabilities, including auditory, cognitive, neurological, physical, speech, and visual. If you are uncertain whether your website is in compliance, check with your web developer. Colors Compliance Tips: Use high contrast between text and background colors. Don’t use color as the only prompt to convey info. Links Compliance Tips: Links should describe where the link is going. State type of document linked to and size (DOC/PDF). Fillable…

The past few months have forced many of us to embrace technology in new ways due to social distancing and stay-at-home rules. We have been jolted into thinking about how we can use our communication platforms and engage with our audiences in unusual and creative ways. This has demonstrated that successful marketing strategies in 2020 and beyond must combine familiar concepts with video technologies. The conveniences are many: being able to search properties online, in 3-D or via personalized video tour, schedule private visits to favorites, use online tools to scan, sign and manage all documents related to the home purchase, and teleconference with the related parties throughout the process, are many of the activities that can now take place from the comfort of home! While a few have previously embraced video technology, many hung back uncomfortable with learning a…

Homeownership is a dream for many people. The idea of owning something that is entirely yours, and that YOU have earned, is a rewarding feeling. REALTORS® have the privilege of helping make that dream become a reality for many people. No matter where you are in your career as a REALTOR®, I challenge you to work with the same excitement and passion that you had when you first started your career in real estate. It is now about halfway through the year, and it is a good time to assess where you currently are in your business and set goals for the second half of the year. Hopefully, you set some great goals at the beginning of 2020. Take some time now to evaluate and reflect on those goals. What have you achieved? What would you like to continue…

Most people have a general understanding that the government cannot take an individual’s property without paying compensation for the taking. But what happens when a taking is not a complete and total taking? What happens when the government only takes 91.5% of the value of the property? Massachusetts and federal courts seemed to be headed in different directions when it comes to private property rights. In Massachusetts, the courts ruled that leaving a property owner with land valued at 8.5% of its previous value does not constitute a taking. Meanwhile, the federal courts flung open the once locked doors of federal court just a bit to private property claims that used to require state court action. The Takings Clause The Fifth Amendment to the US Constitution contains what is referred to as the Takings Clause. The Clause provides, “nor…

Katie Johnson is the General Counsel and Chief Member Experience Officer of NAR. Katie joined NAR in 2007 and was appointed as General Counsel in 2014. As General Counsel, she is responsible for assuring that the programs, policies, and activities of NAR are in compliance with the law. She also is responsible for defending the association against legal challenges and initiating litigation to protect and preserve association assets and policies. As NAR’s Chief Member Experience Officer, she leads initiatives to enhance member engagement and satisfaction through the delivery of trusted knowledge, resources, and experiences that elevate member success and professionalism. Katie has earned a Juris Doctorate and a master’s degree in Information Technology and Privacy Law. She lives in Chicago with her husband and three children.   1. As general counsel of NAR, what does your typical day look…

The officers and board of directors of the REALTORS® Commercial Alliance of Massachusetts (RCAMA) are actively working with MLS PIN to explore how to enhance the commercial aspects of MLS PIN which will also enhance MLS PIN listings in the REALTORS® Property Resource (RPR) platform. This exploration, if implemented, will greatly assist RCAMA member clients by providing their listing information to the nationwide commercial REALTOR® community. Enhancing the information provided to MLS PIN subscribers and the nationwide RPR commercial users will provide our clients with a service that is only available to REALTORS®.   This RED R (note to editor: can we print RED R in red ink?) benefit will provide a significant benefit to our clients. We will continue to keep you informed as we continue to work in partnership with MLS PIN to provide our members with the…

The COVID-19 global pandemic has caused massive disruptions to the real estate industry. MAR has been working diligently throughout the crisis to ensure our members have the latest information and the resources they need to successfully navigate through these uncertain times. MAR has been advocating on behalf of REALTORS® and producing much-needed form updates. Three new forms have been added to our library that specifically address COVID-19-related transactional issues. Smoke and Carbon Monoxide Inspection Addendum The inability to obtain a smoke certificate during the pandemic does not mean transactions are stuck in limbo indefinitely. MAR advocated securing a solution to this issue. On March 20, 2020, Governor Baker issued an emergency order that permits home buyers and sellers to defer the smoke and carbon monoxide detector inspection requirements that are otherwise required under the General Laws of Massachusetts. MAR…

When “Shark Tank” star Barbara Corcoran, one of the most accomplished businesswomen in the country, revealed that her business almost lost $388,000 to an email scam, it became obvious that even the most business-savvy amongst us are at risk. With over 85% of all cybercrime throughout the world coming through email, it is now more important than ever that every sector of business be aware of the dangers and risks in transmitting data through that medium. However, it’s not just email we need to be concerned with – it’s voice phishing (“Vishing”) and text phishing (“Smishing”) as well as fax scams that cause us to worry that every form of communication is vulnerable. In the real estate sales industry, it is most acute because hundreds of thousands of REALTORS® and attorneys transact trillions of dollars in real estate sales…

 In today’s tight employment market, competition is intense for highly skilled professionals. Real estate brokerage firms seeking to grow, actively recruit licensed agents at other firms. In turn, many businesses that have invested time and money hiring and training agents and supporting their growth have tried to protect themselves by including non-competition or non-solicitation provisions in their employment or independent contractor agreements.  In today’s column, we look at the enforceability of these provisions under Massachusetts law, as well as the ethical rules that may restrict the competitive activities of Realtors® who change their brokerage affiliations. How it Works Under a non-competition agreement, individuals agree that within a certain geographic area and for a certain period of time following their disassociation with their firm, they will not go to work for a competitor. Under a non-solicitation agreement, agents are allowed…

The Opportunity Zone Program, created by the U.S. Tax Cut and Jobs Act of 2017, is meant to provide incentives for investment in low-income communities. An Opportunity Zone is a designated area, in which individuals can gain favorable tax treatment on their capital gains by investing those funds through a privately created Qualified Opportunity Fund (QOF). QOFs are managed entirely in the private market with the administration of the funds falling solely on the shoulders of fund managers rather than government agencies or investors. How Opportunity Zones are Established The Governors of each state can nominate up to twenty-five percent of their state’s low-income census tracts (LICs) to be designated as Opportunity Zones (OZ). In Massachusetts, there are 138 designated opportunity zones, including 137 low-income communities, plus 1 non-low-income contiguous tract. Forty-eight percent of the tracts are in “gateway…