Front Page Articles
Challenges Forthcoming on No Call Rules
by Michael Theo
Despite repeated acknowledgements by nearly everyone that RealtorsŪ are not telemarketers, WRA efforts to surgically revise the state's new No Call rule appears to have failed. As a result, the WRA will now seek both legislative and legal action to make much-needed changes to the rules.
Secretary of the Department of Agriculture, Trade and Consumer Protection (DATCP) Rod Nilsestuen may be new, but in a letter to the WRA he sided with the same old rhetoric given by agency bureaucrats in the past. These bureaucrats consistently provided misguided and uninformed answers to legislators, the media and even
RealtorsŪ, regarding issues and concerns raised by the WRA. DATCP's reaffirmed unwillingness to address
RealtorŪ issues is consistent with the continued refusal of Senator Jon Erpenbach (D-Middleton), the law's main author, to help resolve key
RealtorŪ concerns.
With the administrative option now formally rejected, the WRA will seek legislative changes and legal challenges to revise the No Call rules. It is important to remember that the WRA does not oppose the statute which established the new law, but rather, we strenuously object to the administrative rules that vastly expand the scope of the law far beyond the intent of the legislature. So that the media and general public understands this important point, WRA efforts to revise these rules will include a public education and media campaign. This effort will include a complete set of talking points and a Q&A sheet for
RealtorsŪ so members can thoroughly answer questions from the press and public regarding our efforts to change the rules.
On the legislative front, the WRA has been working with key legislators - of both parties and in both Houses - to draft legislation that would revise the statutes. Generally, the legislation would identify the routine transaction calls that were never intended to be regulated as telemarketing and exempt them if the call is not placed by a computerized calling system and no sale takes place over the phone. The legislation is expected to be introduced in April.
On the legal front, a WRA-led lawsuit is completed and ready to be filed at any time. Plaintiffs include individuals and organizations representing small businesses - all of whom will be hurt by the expansive reach of the rules far beyond legislative intent. The suit will likely be filed in April as well.
Passage of the legislation however will be difficult because the law is, in concept, very popular. The key to success is our effectiveness in giving consumers everything they want and deserve - which is both privacy at dinner time and good customer service in a real estate transaction. This will require all 13,000
RealtorsŪ to be well-informed advocates for fixing the law and to actively deliver this message to customers, clients, the media, the legislature and the governor.
For more information regarding the legislation, contact Michael Theo at
mtheo@wra.org and regarding the lawsuit, contact Rick Staff at
rickstaff@wra.org
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Insurance Issues in Wisconsin?
Despite the fact that Wisconsin homeowner's insurance is generally cheaper and more available than in other parts of the country, more and more transactions are being threatened by the lack of insurance availability.
Read more about this issue on page 5 . The unavailability and high costs of insurance, and its impact on fair housing, is discussed on page 3. Then let us know if you have experienced transactional holdups due to the inability to obtain insurance. We need to know the extent of the problem in Wisconsin.
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Agricultural Foreign Investment Disclosure Act (AFIDA) of 1978
To: REALTORSŪ
From: Teresa Jackson, WI State FSA Office
(608) 276-8732, ext 141, teresa.jackson@wi.usda.gov
Re: Agricultural Foreign Investment Act
The Agricultural Foreign Investment Act became effective on February 2, 1979. It requires any foreign person who:
a) Acquires or transfers any interest other than a security interest in agricultural land to submit a completed form FSA-153 to the Secretary of Agriculture not later than 90 days after the date of acquisition or transfer,
b) Holds any interest, other than a security interest, in agricultural land on February 1, 1979, should have submitted a report to the Secretary by August 1, 1979.
The information required by the Secretary should be reported on form FSA-153. A copy of this form is can be obtained from the local FSA office or can be downloaded from the Wisconsin FSA website at:
http://forms.sc.egov.usda.gov/eforms/Forms/FSA0153.pdf.
We encourage you to give a copy of this form to clients who are foreign persons owning, acquiring or transferring agricultural land in the United States or its territories or possessions. Please instruct them to return completed forms to the local county FSA office.
FSA-153 forms shall be analyzed by the United States Department of Agriculture agency staff to develop reports for the Secretary of Agriculture for issue to Congress and the agriculture department in each State. Completed FSA-153 forms and the analysis shall be available for public inspection at the Department of Agriculture, located in Washington D.C.
At right, you will find a FSA fact sheet containing important facts that you should consider with any land sales or purchases as they pertain to foreign persons, FSA's Conservation Reserve Program (CRP) contracts or FSA inventory farms.
We appreciate your cooperation and any help you can provide to affected individuals pertaining to this important matter.
If you have any questions concerning the foreign persons Act and the FSA-153 form, CRP contracts or FSA inventory farms, please contact the local FSA offices, which are located in USDA Service Centers throughout the state. Contact information for local FSA offices is also available on the web at:
www.fsa.usda.gov/edso/state/state.asp?state=55
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Insurance Issues in Wisconsin?
Despite the fact that Wisconsin homeowner's insurance is generally cheaper and more available than in other parts of the country, it is becoming clear that more and more Wisconsin real estate transactions are being threatened by the lack of insurance availability. Many of the issues must be addressed at the national level, but there are potential remedies which can be implemented in individual transactions or through state law.
Some brokers discuss the need for a contingency so that the buyer would not be bound unless the property could be adequately insured at a reasonable cost. Model contingencies are being discussed but the issue is complicated. For example, some insurers are essentially underwriting the buyer as well as the property and some rejections are based upon the buyer's pets, prior claims records, etc. More typically the condition of the property (fuses rather than circuit breakers) or prior claims related to the property are reasons for rejections.
A key to developing and implementing remedies will be gathering as much information about the problem as possible. Particularly helpful will be specific examples of the reasons insurance was denied in individual transactions. If you have experienced an inability to close due to the inability to obtain insurance, please send a short summary of the situation to Rick Staff at the WRA. E-mails are preferable, send them to
rickstaff@wra.org. Faxes can be sent to (608) 242-2279. The information received will be used to develop transaction tools and legislative/administrative remedies. Thank you for your important contribution to this effort.
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A Few Selling Do's and Don't's
by Ron Lavine
DO match and mirror the speed, tone and volume of the other person's voice.
DON'T speak in a monotone.
DO call for a specific reason such as to provide some information of value.
DON'T call just to check in.
DO go the prospect's web site first to see if they fit your ideal prospect profile.
DON'T randomly send out expensive (your time, material costs and postage) literature.
DO tell the truth even if you do not have the answer to a question at that moment.
DON'T try to fake like you know the answer to a question you don't.
DO ask for the business.
DON'T assume you have it until the paperwork is signed.
DO use good manners.
DON'T assume an air of familiarity.
DO speak clearly and slowly when leaving a message.
DON'T mumble your message.
DO leave your name, company name, area code and phone number twice in a row.
DON'T leave your name and phone number only once.
DO get the person's name right before speaking with them or leaving a voice mail.
DON'T mispronounce their name.
DO use direct questions or statements such as "Maybe you can help me."
DON'T use wishy-washy phrases such as Might you possibly please tell me some information?"
DO write down an assistant's name if they provide it to you.
DON'T ask for their name and put them on the defensive since they might think you are going to get them in trouble.
DO develop different forms of marketing materials such as a one page Key Benefits fax cover sheet.
DON'T rely solely upon printed literature.
DO leave a voice mail for of "What's In It for Them" compelling benefits.
DON'T leave a voice mail to see "if they might be interested in what you have."
DO listen to and concentrate on what's being said.
DON'T let your mind wander.
DO identify all the buyers and influencers.
DON'T rely solely upon one person who may leave for another job.
DO be polite yet respectfully persistent.
DON'T give up after one or two calls.
Ron LaVine is president of Intellworks, Inc., a sales training firm located in Oak Park, CA which specializes in teaching technology salespeople how to cold call into the Fortune 1000. Sign up for his free weekly Sales Tips for Selling Success email newsletter at intellworks.com. Copyright 2002 by Intellworks, Inc. All rights reserved. For information about Ron's training programs contact the Frog Pond at 800.704.FROG(3764) or email
Susie@frogpond.com; www.frogpond.com
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