GREC REnews, Vol. 12, Issue 5 (May 2016)

GGRREECCRREENNeewwss May 2016
Volume 12 Issue 5 L

Monthly Newsletter of the Georgia Real
Estate Commission

2016 Calendar
GREC Brokerage Course & Trust Accounts Class Dates:
August 3-4 2016 Rabun County BOR www.rcbor.org
October 26-27, 2016 Empire Board of Realist http://www.empireboard.com/
Common Violations Class Dates:
June 7, 2016 GAMLS Tucker, GA 770-493-9000
June 20, 2016 Golden Isles AOR 912-264-2915
July 19, 2016 NAMAR Duluth, GA 770-495-7300 www.namar.org
Link to the Georgia Real Estate License Laws, Rules,
and Regulations
Link to GREC Disciplinary Sanctions View
Current Suspensions
and Revocations
Click Here

This Issue:

Link to Proposed Rule Changes
http://www.grec.state.ga.us /about/reproposed.html
www.gsccca.org

Proposed Rule Changes

P.1-2

Instructor Education Opportunities P. 3

Focus on Terminology

P. 2

The Appraisers Page

P. 3

Proposed Rule Changes

The Georgia Real Estate Commission has proposed rule changes in 3 areas of the Georgia Real Estate License Law Rules and Regulations. The Commission requested comments from the Education Advisory Committee (EAC) prior to posting the proposed changes and input from licensees before final passage. The EAC (made up of instructors, proprietary schools, and various industry representatives), recommended that the education hours for approved Georgia Real Estate Instructors be increased from 24 to 36 hours to coincide with real estate licensees. In addition, the EAC agreed that additional topics be considered for continuing education courses. The third rule change clarifies that trust funds may be held in institutions in addition to banks and in accounts in addition to checking accounts. The following is a synopsis of each rule change.

CHAPTER 520 Rule 520-2-.03 (6) Purpose: The purpose of the proposed rule amendments is to increase the number of continuing education hours for real estate instructors from 24 to 36 over the four year renewal period and to change how instructors may obtain the continuing education hours. Main Features: The main features of the proposed rule amendments are to: (1) increase the number of continuing education hours for real estate instructors from 24 to 36 over the four year renewal period; (2) require that 12 of the 36 hours of continuing education be obtained at the Commission annual meetings for approved schools and instructors; continued on page 2

Opportunities for Instructor Education

May 20, 2016 Alabama Real Estate Commission, Risk Management Instructor Training. http://www.auburn.edu/outreach/opce/re/arec_training_052016.htm

June 10-12 2016 The 2016 Annual Conference of the Real Estate Educators Association on (REEA) is scheduled for June 10-12 in Denver, Colorado. An Instructor Development Workshop will be offered on June 10, 2016. https://www.reea.org/events/viewEvent.cfm?e=32#schedule

October 20-21, 2016 Georgia Instructor Training Workshop GIT Warner Robbins, GA www.grec-git.com

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Link to the Georgia Real
Estate License Laws,
Rules, and Regulations
Georgia Real Estate Commission Suite 1000 International Tower 229 Peachtree Street NE Atlanta, GA 30303-1605 CliPpahrtofnroem4M0ic4r-o6so5f6tTM-3O9f1fic6e

GREC RENews May 2016, Volume 12 Issue 5
Proposed Rule Changes Continued from page 1...
(3) require that any additional instructional hours needed be obtained in a continuing education course that meets the requirements of this chapter that an approved instructor teaches or any additional instructional hours approved by the Commission for instructor continuing education; (4) to delete sections (6)(c) 1. & 2. of the existing Rule; and (5) to make this Rule amendment be effective December 31, 2017. Comments must be received by the Georgia Real Estate Commission June 7, 2016. For further details and to review the exact wording of rule change: http://www.grec.state.ga.us/PDFS/About/NOTICE%20OF%20INTENT%20-%205202-%2003%20(6)%20%20%2004%2006%2016.pdf
CHAPTER 520 Rule 520-2-.04 (6) Purpose: The purpose of the proposed rule amendments is to provide guidelines for approved schools for additional topics of continuing education courses and to identify topics of continuing education courses that may not considered appropriate areas or topics of continuing education courses. Main Features: The main features of the proposed rule amendments are to: (1) Broaden the topics of continuing education courses to topics beyond those now found in paragraph (4) of the Rule which are topics now limited to those taught in prelicense courses. (2) To identify topics that may not be considered appropriate topics of continuing education courses unless the topics have the prior written authorization of the Commission. Comments must be received by the Georgia Real Estate Commission June 7, 2016. For further details and to review the exact wording of rule change: http://www.grec.state.ga.us/PDFS/About/NOTICE%20OF%20INTENT%20-%205202-%2004%20(6)%20%2004%2006%2016.pdf
CHAPTER 520 Rule 520-1-.08 and Rule 520-1-.14 Purpose: The purpose of the proposed rule amendments is to make the language of the Rules consistent with S. B. 95 passed in 2015 which expanded the types of institutions where real estate trust funds could be deposited and expanded the types of accounts where real estate trust funds could be deposited. Main Features: The main features of the proposed rule amendments are to revise the language of the Rules to be consistent with O.C.G.A. 43-40-20 and O.C.G.A. 4340- 25 (S.B. 95) which amended the term "bank" to "financial institution" and to reflect that other accounts in addition to "bank checking" or "checking" accounts may now be used for real estate trust accounts.. Exact wording of rule change: http://www.grec.state.ga.us/PDFS/About/NOI%20520%201%2008%20520%200%201 4%20%2003%2009%2016.pdf

Focus on Terminology: "Training"

Training is ongoing for every profession. In addition to the requirements for continuing

education, every real estate broker or qualifying broker is responsible for instructing

licensees affiliated with the broker or the broker's firm of the provisions set forth in the

License Law and its Rules and Regulations. In other words, the broker must include

training of licensees as part of the normal business operations on a regular basis. This

training is only part of the broker's responsibility to supervise licensees employed by the

broker or firm http://rules.sos.ga.gov/GAC/520-1-.07.

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The Appraisers

Page

Georgia Real Estate Appraisers Board

May 2016

Useful Links:

Billboards, cell towers and other site influences

GREAB Web Site


By: D. Scott Murphy, SRA
The value of a typical home site can often be more influenced by external factors rather than its overall size. Size of the lot is certainly important but one must consider topography, utility, view as well as other external influences such as noise and even smell.

Appraisal Act

GREAB Disciplinary Sanctions

Homes in the flight path of an airport are most often less valuable due to the increased noise and in some instances the smell of jet exhaust. Property bordering a landfill suffers from noise, traffic, smell, and potential environmental issues. Cell towers have invaded our communities over the past few decades. High-tension powers lines and gas pipelines crisscross the landscape and raise issues of public health. Billboard advertising can be traced back to the 1860's. Once limited to inner cities and expressways, billboards are popping up throughout suburbia. Thanks to advances in digital technology and reduced cost of the equipment, billboard advertising has taken another leap forward. Digital billboards contribute to another type of external influence, "light pollution". Their bright, flashing lights frustrate nearby neighbors who once enjoyed tranquil evenings.



Many communities limit or restrict placement of signs and billboards. They closely control the height of signs and amount of light emitted in given areas. Lighting restrictions are also applied to shopping centers and office buildings. This is all done in an effort to create a more appealing place to live. Well-planned development can have a huge impact on growth, buyer demand and subsequently value.

These restrictions can be a double edge sword, possibly discouraging companies from expanding to these areas where these requirements cannot be met or would be cost prohibitive. It is also important we do not overlook the rights of property owners who lease land to outdoor advertisers or cellular companies, or wish to develop/sell land for commercial use.

Zoning is a set of rules that establish how properties can be developed and used. Zoning describes the control by authority of the use of land, and of the buildings thereon. Areas of land are divided by appropriate authorities into zones within which various uses are permitted. Thus, zoning is a technique of land-use planning as a tool of urban planning used by local governments in most developed countries. The word is derived from the practice of designating mapped zones, which regulate the use, form, design, and compatibility of development.

We all buy and sell real estate based on the legal use of that property. An owner has the right to use the property, develop the property or transfer some of those rights by way of lease. While none of us wants any of these negative influences to affect the enjoyment of our property, we must respect the rules put in place. Zoning changes are possible but not without due process.

This is a reminder to buyers and buyer's agents to do your homework. Know and understand the zoning and legal use of not only the subject property but also those nearby. Any property that borders a secondary or primary road could be subject to eminent domain for future road expansion. If the property borders vacant land, research should always be done to determine its zoning and legal use. Get involved with community changes and attend regular meetings, subscribe to city/county bulletins.

I welcome your comments and feedback. Please send me ideas for future articles. Dsmurphy@dsmurphy.com 678-636-4813

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