A recent court case found email communications alone could create a contractual agreement between a buyer and seller that is enforceable and meets the statue of fraud requirements for the sale of real property. Read the Details of this Decision...

The 8k can be used to buy down the interest rate or to decrease the principal of the loan but, again, the first 3.5% has to be their $ not the tax credit. The reason the feds changed the original plan was due to concerns about buyer getting homes with none of their own money being involved and thus having no stake or 'skin in the game' as they keep saying.

Alternatively, MHFA already has a no $ down program for certain buyers and 3% down program for all buyers & those may actually be the better programs here in MA." Mass Housing Program Details

PLEASE NOTE: Tax credit is available on ALL 1st time homebuyer new purchases within the loan/income limits, not just FHA mortgages. The ability to use the tax credit for a downpayment is limited to FHA borrowers, but not all Berkshire lenders are participating in this program - encourage your buyers to ASK. More information below.

Note: The MLS Board approved a new MLS Policy that reads: "The owner of the property at the time of the exclusive right to sell agreement, including banks or relocation companies, shall be named on the MLS listing sheet as seller".

This clarification was made because cooperating brokers were not able to draft enforceable, legal Purchase & Sale agreements without this information. The seller's name field is required in the MLS, and as such, needs to be completed accurately. The MLS board did agree that there are limited circumstances in which a seller specifically directs their agent to withhold that information (in which case it would still, most likely be publicly available on the deed and researchable by a buyer's agent). Exceptions to the rule can be granted upon written instructions from the seller, conveyed to the MLS office with the Exclusive Right to Sale agreement, and with the understanding that the listing broker will promptly provide the seller's name to cooperating brokers upon request, to facilitate potential offers.

A partnership of local Realtor Assocation across Massachusetts joined together in late 2009 to apply to the National Assocation for assistance in training members on Foreclosure Prevention and Short Sale Processing. A 7-series set of videos was created specifcally for you, and a live training program will be scheduled in 2010 free of charge to all Realtors of the Berkshrie County Board. Check the calendar for details on the live session, and visit our Online Education Center to view the videos at no cost.

Common renovation activities like sanding, cutting, and demolition can create hazardous lead dust and chips by disturbing lead-based paint, which can be harmful to adults and children. As such, the EPA issued a issued a rule requiring the use of lead-safe practices and other actions aimed at preventing harmful effects from lead exposure.

After April 22, 2010, federal law requires Contractors who perform renovations, repairs, and painting jobs in pre-1978 housing and child-occupied facilities, to be certified and to use lead-safe work practices. To become certified, renovation contractors must submit an application and fee payment to EPA.

Renovation contractors must:

• provide owners, tenants, and child-care facilities with a copy of EPA's lead hazard information pamphlet "Renovate Right".
• document compliance with this requirement via the EPA’s pre-renovation disclosure form
• Contain the work area and limit exposure
• Minimize dust during construction.
• Clean work space thoroughly.

Direct Link to the EPA for Contractors Lead Paint Renovation Rules

Renovate Right! A Contractors Brochure for Home Owners (pdf)

Sample Record Keeping Checklist for Contractors

The new smoke detector regulation goes into effect on April 5, 2010. The new regulation still requires photoelectric smoke detectors within 20 feet of a kitchen or full bath containing a shower. Areas located beyond 20 feet will now be required to contain dual detection by either a single unit or two separate units. This regulation applies to residential properties (up to 4 units) constructed prior to January 1975 that have not undergone major alteration covered by the State Building Code. It also contains a provision for low voltage household warning systems that may have been installed in these homes. A new Smoke and Carbon Detector flyer has been created, for you to provide to your seller. This form was okay'ed by the Pittsfield Fire Inspector.

Effective July 1, 2010, homeowners must upgrade their oil tank supply line to prevent undiscovered leaks. There are two manners of upgrade; an oil safety valve on the tank or a protective sleeve that encases the actual oil line from tank to burner. Since all homeowners (not just those transfering title) must comply with this new regulation, you'll start to see Home Inspectors identify this issue during their inspection and Fire Inspectors check when issuing a smoke/carbon certificate.

This regulation applies to 1-4 family homes heated with oil, unless the burner and entire supply line is located above the oil tank. Homeowners conforming with this new regulation will also be able to purchase insurance coverage for oil leaks (typically not covered), as mandated by the regulation. For more information, please see Mass DEP guidance

Fair housing testers are actively searching REALTOR.com:

There have been many lawsuits, but the most recent fair housing lawsuit was filed by a self proclaimed "fair housing tester" who was activiely searching REALTOR.com for listing remarks that violate fair housing laws, and filed discrimination LAWSUITS against both the listing agents and broker-owners for violations found. The most recent case was interesting, to say the least.  To address the seriousness of this issue, we’ve developed three simple steps that you can take to protect your company, your agents and the public:

1. Learn About the Issue:What promoted this notice and details about the Fair Housing, Communications Decency and Digital Copyright Acts.
2. Check/Fix Your Listings: Look at several REAL life violations in currently found in our Berkshire MLS Listings
3. Get Great Training: Check out the Webinar we scheduled for you and our online training resources!

1-2-3 Fair Housing Steps in a easy tp print PDF

Copyright Symbol: 

The MLS board has voted to begin watermarking all MLS submitted photos with a copyright ©BerkshireMLS.  The purpose is to protect the listing data, help thwart copyright infringement and detect infringement if it occurs. We will aggressively pursue anyone who uses your listing data without authorization. While the BerkshireMLS owns the copyright for the compilation of listings, each Participant still owns the copyrights to his or her own company’s listings and photos.  (the independent contractor agreement you have with your agents, or work-for-hire agreement you have with any authors or photographers determine actual ownership / use of copyright).  There are many active lawsuits nationwide and two Ethics complaints have been filed locally surrounding copyright infringement BY AGENTS, using previous agents listing photos.  Anyone who copies photos that he or she didn’t take is stealing, and such actions are prohibited by copyright law.  You can only use photos or text with the permission of the creator.   Please remind agents they may not use photos unless they have obtained permission from the photographer, and make sure you have updated your independent contractor agreements to include copyright assignment.  NAR has created a fantastic “flow of rights” with sample copyright language for all situations a brokerage might encounter. 

Syndication in Your hands: 

There were slight modifications to the data input screen in FlexMLS when entering a new listing, giving you the option of syndicating your listings to Realtor.com, iBerkshires and/or Point2 Partners (including Zillow, Trulia, AOL and over 80 partners).  This keeps syndication in the hands of the seller / agent / broker for display where it is most effective.  As always, the MLS Board is studying syndication issues as they emerge and encourage you to have a conversation in your office about the pros and cons of online marketing of all types.  If you haven’t read the Clariety State of Syndication report yet, there is a direct link for some great information.

It is important to us to know if you’ve received and read this information.  As the broker responsible for the office, we hope that the message is coming through and we are helping to protect your best interests.  Please do us a favor and reply to this message to let us know you’ve received it… and let us know if there is anything else we can do to help.  We’d so appreciate that feedback!!

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