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Archive for September, 2009

Susan Mekenney, Associate Broker in the Leesburg Pike office, was recently quoted in the Fairfax Times regarding the first time home buyers tax credit.

“It is a good program, and it is working,” said NVAR Board Chairman Susan Mekenney of RE/MAX Allegiance in Alexandria. “I would like to see it expanded to everyone. Realtors often tell me that the tax credit is encouraging first-time buyers,” along with the falling prices and interest rates.

The prospects for the extension look promising, she said, “and a lot of people are working on it.” They include the National Association of Realtors, which has launched a vigorous Congressional lobbying campaign. She warned, though, that the passage was far from a sure thing.

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By Phil Smith, RE/MAX International Editor

ROSELLE, Ill. – The time was right – and the times were right – for superstar agent Sharon Falco to return to RE/MAX.

From 1980 to 2002, the Sales Associate with RE/MAX Central in Roselle ranked among the top 10 RE/MAX producers in the world 10 times. But she and her husband, Joseph, had a deep desire to run their own office. So in 2003 they took their entire team, which included six buyer’s agents, and opened an independent company.

While she and her team were successful as independents, the changing industry and changing technology prompted them to begin rethinking their business.

In July, she and Joseph rejoined the RE/MAX family, back in their familiar RE/MAX Central home.

“The simple explanation is that it’s just easier this way,” says Joseph Falco, the team’s marketing and technology expert. “You still have your own business, but you don’t have to deal with as many issues because the office and the RE/MAX network provide a lot of support.”

“Being affiliated with a franchise right now is more important than ever,” Sharon says. “Much more important than it was before. My name was so synonymous with RE/MAX that we could not get the consumer to relate to the new company. In today’s atmosphere, having the support and the synergy, and having my name reconnected to RE/MAX, is all critical.”

Falco adds these RE/MAX advantages:

• ”RE/MAX has a strong brand and continues to lead the industry in name recognition.”

• ”RE/MAX offers a wonderful way to expand your business and reach out to more consumers.”

• ”RE/MAX is far ahead of the curve in terms of technology with remax.com and the LeadStreet lead-generation system.”

The technology revolution prompted a major change in the way Falco does business. She shed all six buyer’s agents and now focuses on listings.

“With technology, you don’t have to have big teams anymore,” she says. “The market is geared away from buyer teams. For us, a boutique operation is more comfortable. I’ll still work with buyers on my own listings, but otherwise I prefer to work with buyers who’ll sign an exclusive buyer agreement or refer them to a buyer agent. I also refer customers outside my major market areas to other RE/MAX Associates who’ll serve the client more effectively.”

Falco’s original departure from RE/MAX wasn’t the least bit messy. In fact, the new office was next door to RE/MAX Central. She would often see Broker/Owners Kathy or Bill Jansen.

“Everybody was very professional all along and we respected each other’s territory,” Falco says.

“None of us burned any bridges, and that was important,” Kathy Jansen says. “And in this market, she needed the RE/MAX brand to continue to be successful.”

Jansen approached the Falcos after a tip from Joe Gillespie, a RE/MAX Central Associate who’s a close friend of the Falcos, about a possible return to RE/MAX. After several meetings with the Jansens, Sharon was comfortable with the notion of returning. She felt she could better focus on her sales without the daily interruptions of running a brokerage.

It didn’t take any time for Falco to get back up to speed. Within weeks of rejoining RE/MAX, she had her best month in a year and a half.

“We’re hopping. We’re on fire,” Falco says. “I have a wonderful support staff, my husband, tech and administrative staff. We’re hell on wheels. It’s great to be back home.”

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Trend Setter Realty

Trend Setter Realty

By George White, RE/MAX Times Online Managing Editor

RE/MAX scored a major legal victory earlier this month when a federal judge ruled against an independent Texas brokerage for using red-over-white-over-blue yard signs that look too much like the trademarked RE/MAX design.

The Sept. 3 decision resolved the biggest question in a two-year trademark suit brought by RE/MAX International against Trend Setter Realty, a 700-agent brokerage in Houston and San Antonio. The court held that Trend Setter’s sign is trademark infringement under both federal and Texas law.

“In addition to the victory in this case, the judge’s ruling will serve as a very important precedent for us to use against future infringements of our red-over-white-over-blue bar design,” says RE/MAX Senior Vice President and Chief Legal Officer Geoff Lewis. “We made many attempts to get Trend Setter to settle with us and to change their sign before the case proceeded too far, but they refused.”

RE/MAX International will submit a recommended order this month directing Trend Setter — which is co-managed by a former RE/MAX Affiliate — to completely change the look of its signs or risk being held in contempt of court. The court opinion didn’t address the question of damages. RE/MAX International has asked the court whether it wishes the parties to brief the question of damages or proceed to a trial on that issue.

“This case easily represents our most favorable trademark decision since the Help-U-Sell case in the early 1990s,” says RE/MAX International Senior Counsel Adam Scoville, referencing a similar case involving sign design. He said the 57-page ruling “emphatically validates” the network’s exclusive rights to the red-over-white-over-blue design.

RE/MAX International filed the suit in 2007. In addition to trademark infringement, the action claimed the sign violated the Independent Contractor Agreement that Broker Deborah Miller had with RE/MAX Elite, which she left to help found Trend Setter. Trend Setter, which has what Scoville characterized as an “ultra-low support, ultra-low fee, low-services model,” counterclaimed to cancel RE/MAX International’s federal registration of the red-over-white-over-blue design. The judge ruled in favor of RE/MAX on both counts.

As part of its argument on the trademark issue, RE/MAX International commissioned a consumer survey to determine if the Trend Setter sign was confusing to the public. Some 225 adults were shown a photo of a Trend Setter sign and then asked whose sign it was, or who the company was affiliated with. More than a quarter of the participants associated the sign with RE/MAX.

In its ruling, the court quoted several survey respondents who, when asked why the tied the sign to RE/MAX, said, “Because it’s their sign; they are the only ones that I know of that have this color of sign,” and “It looks exactly like a RE/MAX sign.” This occurred despite the fact that Trend Setter’s sign contains no balloon and has a white bar modified into the shape of a roofline.

RE/MAX International also produced evidence that the specifications for the first version of the Trend Setter sign called for a “white background with R/M red and blue.” However, without a trial, the court wasn’t willing to say that Trend Setter intended to infringe upon the RE/MAX sign design.

“Even though I think a jury seeing this during a trial would be pretty skeptical of Trend Setter’s motives, this actually underscores an important point: Infringement depends on whether consumers are likely to confuse them for us,” Scoville says. “Smoking gun evidence that they intended to copy the RE/MAX sign is not required.”

The court rejected claims that the RE/MAX bar design is generic. It also cited the network’s diligence in policing its marks, noting that strict enforcement of Trademark & Graphic Standards significantly strengthens RE/MAX ownership of its brand and marks.

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Virginia Association of Realtors delegates elected Susan Mekenney (Leesburg Pike) and Charlie Bengel, Jr. to the Board of Directors during the VAR Convention that wrapped up Friday. Charlie and Susan will be joining fellow Allegiance members Mike Minnery (Dale City) and Zinta Rodgers on the Board. RE/MAX Allegiance will now have more members on the Board than any other real estate company.

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RE/MAX International Chairman and Co-Founder Dave Liniger (ABR, CDPE, CRB) met with top housing officials last week in Washington, D.C., to advocate for a streamlined Short Sale process that would stem foreclosures, assist homeowners and advance the recovery of both the real estate industry and the wider economy.

RE/MAX International issued this press release about the meeting:

Secretary Donovan Meets With RE/MAX Chairman Liniger
RE/MAX Recommends Procedures to Streamline Short Sales

RE/MAX Chairman and Co-Founder Dave Liniger met with Housing and Urban Development Secretary Shaun Donovan on Friday. They had a conversation on a variety of topics related to the current state of the real estate market, but focused primarily on recommendations for streamlining the Short Sale process.

“We feel strongly that if Short Sale transactions can become more like normal real estate transactions, we can make significant headway in reducing the number of vacant and foreclosed homes on the market,” Liniger said. “Because most homeowners aren’t aware that they have this option and loan servicers haven’t made it a priority, we feel that the federal government should facilitate an effective national initiative.”

Also present at the meeting, held in Secretary Donovan’s office, were FHA Commissioner Dave Stevens and Laurie Maggiano of the Treasury Department’s Chief of Homeowner Preservation Office. Accompanying Liniger to Washington was RE/MAX Senior Vice President Mike Ryan.

A Short Sale can occur when a lender allows a homeowner to sell a home for a price that is less than what is owed on the mortgage, if the homeowner is experiencing a financial difficulty that would make monthly mortgage payments a significant burden. Unfortunately, nearly 70% of homeowners facing foreclosure never list their home for sale, even though a Short Sale has many benefits over a foreclosure.

RE/MAX has made assisting such families a high priority and has undertaken a comprehensive, targeted agent training program. In March, Liniger set a goal of having 7,500 RE/MAX Sales Associates earn the Certified Distressed Property Expert (CDPE) designation by the end of the year. The actual number has already passed 7,000 and represents 62% of all CDPE agents in the United States.

Surveys show that after earning a CDPE designation, agents are twice as likely to be able to keep families in their homes. With the CDPE designation, agents are also able to cut the time in half that it takes to close a Short Sale. The average CDPE agent closes about 10 Short Sale transactions a year.

“Secretary Donovan has a very good understanding of how Short Sales can help this market, and he was certainly open to our specific recommendations, especially in the area of agent training and public awareness. We are expecting an announcement will soon be made about procedures to facilitate a streamlined Short Sale process,” Liniger added.

Short Sales could be the best solution for homeowners who are facing a foreclosure, have been turned down for a loan modification, or who have lost their job and can no longer make their mortgage payments. Homeowners who find themselves in one of these difficult positions should contact a real estate professional who is specifically trained to handle Short Sales to find out how the process could result in a positive outcome. A CDPE agent is especially aware of this critical process.

A streamlined Short Sale process could benefit the entire real estate marketplace and offers a much better alternative to foreclosure. Lenders often experience greater losses taking a home to foreclosure, neighborhoods suffer greater losses in home values with foreclosed homes, which are often vacant, and homeowners sustain more severe damage to their credit as the result of foreclosure.

The real estate market will not recover until the number of foreclosures is reduced and home prices start to rebound. An efficient Short Sale process can have a significant impact on foreclosures, which remain at record high levels. RE/MAX hopes that a standardized, national Short Sale process will soon be in place to promote a lasting housing recovery.

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No U.S. cities have been untouched by the economic downturn, but some job markets have been better able to weather the storm. U.S. News & World Report examined a variety of data to identify cities where it’s easier to find a job than in many other places. The underlying strengths of the top cities vary considerably. Some of the stronger cities are state capitals and have lots of government jobs. Others have abundant natural resources, stable housing markets, growing health care sectors, or are in close proximity to military bases.

But overall, what separates these communities from those that have been hit harder is a steady economy that protected them from steep unemployment.

Here, in alphabetical order, are the 10 cities that offer the most opportunities for job seekers:
1. Anchorage
2. Arlington, Va.
3. Columbus, Ohio
4. Honolulu
5. Houston
6. Oklahoma City
7. Salt Lake City
8. Shreveport, La.
9. Tallahassee, Fla.
10. Wichita, Kan.

Source: U.S. News & World Report

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The leaders of California’s largest RE/MAX brokerage understand the value of affiliation. In a recent letter to the more than 700 RE/MAX Gold Affiliates, Broker/Owner James O’Bryon announced the renewal of franchise agreements on all 24 offices and 25 satellite locations in the brokerage’s system.

“Partnering with RE/MAX is based on the deep belief that our Full Value Brokerage environment is strengthened by the world’s most powerful brand,” O’Bryon writes in the letter. “We are committed to the continuation of a priceless association, which cannot be duplicated in California.”

The phrase “full value brokerage” is used in the RE/MAX Gold system to describe the benefits and services that O’Bryon says are integral to helping agents serve their customers. They include:

  • An international, national and local brand
  • Industry-leading reputation
  • Qualified leadership
  • Technology drive
  • Trendsetters in the community and industry
  • Lead-generation systems
  • Renowned education programs
  • Agent support and resources
  • Competitive compensation

“It wasn’t even an option to align elsewhere,” O’Bryon tells the RE/MAX Times Online. “If we’re not providing an international brand, we’re leaving Associates at a competitive disadvantage. Bottom line: In order to be a full value brokerage, we need the RE/MAX name.”

Adam Contos, Regional Vice President of RE/MAX California & Hawaii, appreciates the RE/MAX Gold group’s contributions over the past 15 years in helping to fortify RE/MAX market share and market presence in Northern California.

“This is a win-win for the RE/MAX network and for RE/MAX Gold,” Contos says. “James is a great business partner, and his Associates are competitive and successful in this challenging market.”

Second-quarter rankings this year list the brokerage as the fourth-largest in the network in total agent count. RE/MAX Gold also was the No. 1 RE/MAX brokerage in California for closed transaction sides and sales volume in 2008. O’Bryon says he’s pleased with what his group has accomplished.

“But our work isn’t done,” O’Bryon says. “It’s our aspiration to be the No. 1 RE/MAX brokerage in the world in transaction sides. Even though the economy is challenged, it’s a great time for companies to strive for greater things.”

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Here’s the write-up from US News and World report:

If you could create the ideal community to raise a child in, what ingredients would you include? First off, you’d probably want a low crime rate.

A strong school system would also be key. From there, you’d need lots of other children, expansive green spaces to play in, and plenty of nearby family events. Toss in an abundance of artistic and recreational activities, and all of a sudden you’ve got one heck of a place to grow up. At U.S. News, we wanted to find out if any communities like that already existed—and if so, where they were located. So we dug into our database of 2,000 different places all across the country and pinpointed the locales that met these criteria. We then examined these communities more closely to determine which places offered the best combination of safe neighborhoods, fun activities, and top-notch educators. Our selections appear below, in our list of America’s 10 Best Places to Grow Up:

Virginia Beach, Va.

Junior adventurers will love Virginia Beach, Va. This community of 434,000 residents in the southeastern part of the state has a low crime rate, a solid school system, and 35 miles of majestic beaches on the Atlantic Ocean and the Chesapeake Bay. “It’s kind of neat to be able to come home from work, make a call to my wife or son, grab a bucket of chicken or some sandwiches, and then go out on the bay and have dinner,” says Greg Ward, who works for a marketing firm that represents the Virginia Beach Convention and Visitors Bureau.

Children can explore an impressive ecosystem of threatened and endangered species—including bald eagles and loggerhead sea turtles—in the 9,000-acre Back Bay National Wildlife Refuge. The warm summers and mild winters provide plenty of opportunities to hike, bike, and picnic your way through the 19 miles of scenic trails over at First Landing State Park. And after checking out the sand tiger sharks and the cow-nose rays at the Virginia Aquarium and Marine Science Center, children can catch an educational picture in its 3-D IMAX theater.

And in early September, the community is launching an online resource—VBparents.com—designed to keep parents plugged in to local health and school news, while ensuring that they are up-to-date on all of the community activities available to their kids. “There are lots of great parenting resources out there. This one is going to be specific to raising your child and your family within the city of Virginia Beach,” says Jenefer Snyder, city of Virginia Beach GrowSmart coordinator. “We are constantly going to be connecting it back to community services, activities, events, programs, and classes.”

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