New Short Sale Regulations for Short Sale Negotiators in AZ

Numerous regulations have recently been enacted governing short sale negotiations. In short, these regulations generally provide that a licensed real estate broker/salesperson representing a seller in a transaction may negotiate a short sale with the lender provided that the broker/salesperson does not charge an additional fee for the service. The ADRE (Arizona Department of Real Estate) will begin enforcing these regulations on March 1, 2011.

Is a real estate broker/salesperson acting outside the scope of their license by assisting a seller in negotiations with the lender to facilitate a short sale?

No. The scope of their license encompasses assisting in the “negotiation of any transaction calculated or intended to result in the sale… of real estate.” A.R.S. § 32-2101(48)(j).

May a real estate broker/salesperson receive additional compensation for negotiating a short sale?

No. The Arizona Attorney General’s office (“AG”) has opined that a real estate licensee may not receive additional compensation from any source (seller, buyer, lender or otherwise) for negotiating, unless the licensee is also licensed as a loan originator by the Arizona Department of Financial Institutions (“DFI”) and the requirements of A.R.S. § 32-2155(C) are met.[1] The AG indicates that the general rule is that additional compensation requires an additional license. If a real estate broker/salesperson assists the seller in negotiating with the lender to accept the short sale price as a customer service and does not charge or expect additional compensation (including an increased commission), the real estate broker/salesperson does not need a separate loan originator license from the DFI.

May a listing broker/salesperson charge the seller a non-refundable retainer fee?

Yes, provided that the non-refundable retainer fee is not for negotiating a short sale. The fee would be allowable if the listing broker/salesperson charges all sellers (traditional and short sale) a non-refundable retainer fee for listing and marketing the home to buyers.


This is going to be an interesting year! There are tons of “short sale negotiation companies”, many of which I believe do a poor job of negotiating. The main reason I have said they do a poor job is they negotiate too many files. Each negotiator has to have roughly 100 files to be profitable. Plus, the negotiators hired by many of these companies are non-licensed entry level employees, most would likely have call center jobs otherwise.

The downside to these companies is you are just a file, not a person, not a homeowner trying to avoid foreclosure. They don’t know you, they don’t really care about you!

This is a good move in the right direction! This will help homeowners!

Frequently answered questions written by: Arizona Association of REALTORS® (“AAR”) General Counsel K. Michelle Lind

Top Notch Presentations To Dazzle Customers and Investors

Tick-tock. You’ve got a critical presentation to customers and investors. This is your moment to shine and blow your audience away with your phenomenal idea, product or solution.

How can you guarantee success?

Many consumers, prospects and investors are sitting in back-to-back pitch fests. What’s going to make your message stand out as wildly unique?

Is a detailed demo going to cut it? Or a chronological display of boring slides? Unlikely. To grab attention, keep it — and inspire the urge to buy, it’s time to dazzle. It’s time to show your concept in a 1-minute dynamic video.

Video is increasingly becoming the ‘presentation of choice’ for marketing, promoting and selling. Why? More and more people are short on attention and short on time. The most common demand is: “simplify! Show me what you mean!”

Where could a 1-minute custom movie help your business? The list is long. However, consider these top areas where you could win attention and win customers.

  • Pitches to investors
  • Business and sales proposals
  • Videos for your website
  • Videos to drive traffic to your website
  • Product launches
  • Marketing B2B and B2C
  • Corporate communications

Whether you’re a small business owner or in a larger organization, a custom mini-video makes your message easy to understand, fun and highly engaging.

But maybe you’re scratching your head and wondering. “Sounds great…but where should I start?”

Many professionals reach out to experts in video storytelling to help define the core story and communicate with impact.

When planning your maximum-impact video, focus on 5 critical areas.

1. Tell a Powerful Story

Stories sell. They simplify complex ideas. A story makes difficult concepts down to earth and easy to comprehend. A story is the fastest way to connect emotionally with your audience, making a powerful impact.

In planning your story, streamline down to the core essentials. Working with an expert can help you focus on key ideas, flow and sequence for maximum impact.

2. Show What you Mean

Pictures speak louder than words alone. Pictures connect with the right side of the brain, or holistic brain. Show pictures, examples and real-world benefits of what you have to share. Pictures last longer in the minds of your audience and drive decision-making.

3. Get Creative!

To dazzle jaded and overwhelmed clients, you’ve got to shine. Your video puts your creativity in the spotlight.

4. Dare to Be Different!

If everyone is making videos with ‘stock photos’ it’s likely your audience will have already seen the images. This derails and diminishes your impact. Dare to be different. Use hand-drawn characters and pictures to specifically showcase your ideas. In seconds, you’ll have an engaging and unique story.

5. Focus On Action

Tell viewers what to do! As in every business presentation, simple, targeted action is the key to success. It’s even more important in a video.

Many of the times people will see your video, you won’t be in the room guiding the experience. So, plan for impact so viewers know exactly what to do next.

Examples of action include: show 3-4 simple steps. Post your company name and website. Offer a contest or time-limited special offer. Inspire action in every video and you’ll find that customers, prospects and investors are much more likely to take the next step.

6. Transition With Ease

Once you show your dazzling video, have a game plan. Practice how to ask questions, hit key points and continue the conversation you’ve started in with your entertaining movie.  While your audience is watching the video, you’re not in the spotlight. But once the movie ends, keep the energy up with a dynamic conversation and engaging next steps.

An online video, customized to your specific business needs is the easiest and fastest way to skyrocket your success. Video is sure to dazzle your clients, make you stand out in a crowd, and inspire people to do business with you.

Living in the Present – How to Release the Past

We teach what we most need to learn, and what we teach best, we end up learning well. This subject is not an exception. The present is the best place and time to live, whatever the circumstance, and I can tell you why: The most basic explanation I can give is that the past is spent, and the future is a promissory note. The most complex and interesting explanation I can give is as follows: About a day ago, I was complaining to my girlfriend Diane and my Mother about life, the past and the future both ways, good and bad of it all, and then partially through their prodding and through my own realization, I realized there is not any better time to do anything about anything than now. Also, I was watching the old “Mowtown 25″ special from the year 1983 on Public Broadcasting Station KOCE, Orange County, California on TV, and realizing that the past means nothing except for the dishonestly worked out psychological effects it has on unconscious people. Conscious people live in the present and make it always work for them honestly and then they have good pasts and future times from that present that they can make genuinely work for themselves.

Indeed, living in the concrete past or dreaming too much of the future without total “cold”, logical consideration and sober understanding of the present is a genuine weakness and should be shunned totally for the weakness it is.

On that note: Reality is what we genuinely and succinctly do with now, anyhow. It is said that consciousness is fully living in the present? That is the reality of the situation without question. Doing what we need and want to do (in that order) in the present is what we signed up for. Thus, we must live here and now to the best of our ability had we not? Yes.

Fear is living in the past and future that genuinely has not happened yet. Real courage is making the best of the now without guilt for the past, or trying to second guess the future. In short, make the now work for you and past memory and future reality will be made good and great.

What is important is that I know the present. The past and future are things I neither fear nor regret, bad or good, I have paid for it or have benefitted from it, and I move on with my life now. That is all. There are not any good or bad old days, or an unknown future. The now is just what we make out of it.