Carol Lawhun, CRS, ABR, CNE & Scott Lawhun, CNE

Carol Lawhun Real Estate Classes

Carol Lawhun — Wed, 02 Mar 2011 14:26:00 GMT

Carol Lawhun has been certified by the SD Real Estate Commission since 2004 to teach real estate classes. She has recently been able to expand her passion for excellence in education to include her own school. Classes include Pre-Licensing, Property Management Certification, Continuing Education, and Post Licensing Education.

For additional information, please check out blog entries pertaining to the process of getting licensed and to the costs involved!

Updated Costs for becoming a licensed real estate agent in South Dakota

Carol Lawhun — Fri, 04 Feb 2011 18:52:00 GMT

It is 2011 and time to post updated costs associated with becoming a licensed agent. These costs are explained in detail in previous posts; here is an overview of updated costs:

Before starting, be aware it is possible to be denied a license, for example for judgements or writing bad checks. It is possible to apply for the license first to make sure it will be issued after all requirements have been met. If worried about past financial issues, or moral turpitude issues, please call me for a copy of the law which lists the reasons a license could be denied.
Cost of Pre-Licensing school - varies by school. List of schools can be found on the SD Real Estate Commission website under education - http://sdrec.sd.gov . Total cost of the school will include either 116 hours in class & materials or 54 hours online plus 62 hours in the classroom & materials. SD does require sales tax on the full amount.
Cost of SD state tests after passing class - student must pass 3 exams - a simulation exam ($95), national multiple choice exam and state multiple choice exam. Multiple choice exams may be taken together for one fee of $95, or can be taken separately for fees of $95 each. Some students end up retaking one of these tests before passing all three - each retake is also $95. (Before selecting a school, talk about pass rates first time taking the test and request references from previous students to minimize extra costs in retaking the state exams).
State application for license (must be received at SD Real Estate Commission within 2 years of passing all state tests). Application fee - $225, background check & fingerprint card - $43.25. Any charge for the process of getting fingerprinted would be additional.
Errors and Ommissions Insurance is required by law if you are working as a licensed agent (may be waived if you are leaving your license inactive). 2011 basic policy for the entire year is $182. A proration chart for the year is available on the license application available for download from http://sdrec.sd.gov . There are also additional endorsements available which you may want. Please refer to the application for costs (personally I carry the basic policy plus three endorsements and my 2011 cost was $227 for the year.)
If the brokerage where you associate is a member of your local board of REALTORS you will need to join the local board, the SD Association of REALTORS, and the National Association of REALTORS. The local board is the entity which owns the local mls. There are many resouces available to agents if they are members of these associations. If they are not members, they are not REALTORS even though they are licensed to sell real estate in South Dakota. The initial fees will cover many items and will vary by board and what time of the year you join. It may be over $3000 (plus monthly dues) so it is getting numbers which match your individual situation.
The cost of doing business varies also by company. Discuss these costs with the broker of the company where you will be associated.
As an independent contractor you are responsible for your own equipment. A partial list includes computer, cell phone, camera, software needed such as contact manager, email manager, and word processor.
When exploring total costs be sure to include the cost of operations. These could include items like business cards, signs, copies, postage, and advertising.

Any questions, please give me a call! Carol Lawhun, Instructor, REALTOR, Certified Residential Specialist (CRS), Accredited Buyers Agent (ABR), Certified Negotiation Expert (CNE) Cell phone - 605-390-2338

Agent FAQ - how do I know what I still need to take to renew my license?

Carol Lawhun — Thu, 23 Sep 2010 19:24:00 GMT

Fall is here, and with it I am frequently asked how to tell what classes an agent has all ready taken in this renewal period. The easiest way to tell what classes the SD Real Estate Commission (SDREC) has credited to you is to check their website, http://www.state.sd.us/sdrec/. Click on the oval button on the right which reads "Licensees Only", then input your user name & password. (Forgotten what they are - never fear - the default rules are posted on the sign-in screen.)

This will take you to a screen with your license info (including your renewal date). Underneath your name is a hyperlink to your education summary. It shows all of your courses registered with the state, so check the years for the year you renew and the previous year. Check out the credits and the type of credits (such as required or elective).

If you received your original real estate license before July 1, 2009 you need 24 hours to renew. At least 12 of those hours must be required courses. The other 12 hours can be any combination of required or elective.

If you received your license after July 1, 2009, you need to take 30 hours of Postlicensing classes, period one. That's a topic for another post!

If you have any questions, please call me, Carol Lawhun, Instructor, 605-390-2338.

Explanation Buyer forms - Agency Agreement Addendum

Carol Lawhun — Sun, 30 May 2010 04:25:00 GMT

(In all cases, please refer to Buying and Selling a Home in SD - A Consumer Guide, published by the SD Real Estate Commission.)

The Agency Agreement Addendum

· As the consumer guide states on page eight:

o …”Once you sign the buyer agency [broker] agreement, your agent will then present an agency agreement addendum to the buyer. This addendum becomes part of the buyer agency agreement. It further explains agency relationships in a real estate transaction and allows you to instruct your agent to act solely as your agent or [allows them to act as] a limited agent.”

o “If your agent’s responsible broker offers appointed agency you may elect to choose that option.”

§ Example from page 3 of the consumer guide explains that agents appointed by their responsible broker to represent their clients can act as a single agent for their clients, not limited agents.

§ Duties owed to a buyer by agent in single agency are outlined in the consumer guide on pages 4-5.

§ Single agent is defined on page 2 as any licensee (real estate agent) who represents only one party (in this case, only the buyer) to the transaction

o Even in a company with appointed agency, the buyer could decide to buy a home which would put the agent in limited agency. That would occur if the home was listed by your agent (or a team member), the responsible broker of the firm, or an agent designated by the responsible broker to be a firm’s designated agent. All of those names will be listed in paragraph II of the agency agreement addendum.

§ The definition from page 2 of the consumer guide states a limited agent is one who “has a written agency relationship with both the seller and the buyer in the same transaction.” When this happens the fiduciary duties of the broker change so the buyer and seller are treated equally with the broker not being partial to either party.

§ The buyer is still entitled to all other fiduciary duties during limited agency.

§ Duties owed to a buyer by a limited agent outlined in the consumer guide on page five are:

· Perform the terms of any written agreement with buyer & seller

· Exercise reasonable skill & care for buyer & seller

· Present all written offers in a timely manner

· Disclose adverse material facts known by licensee (real estate agent)

· Advise buyer or seller obtain expert advice for material fact about which licensee knows but the specifics of which are beyond the expertise of the licensee

· To account in a timely manner for all money and property received

· Comply with applicable federal, state, and local laws, rules, regulations and ordinances, including fair housing & civil rights statutes and regulations.

Agency, whether it be single agency, appointed agency, or limited agency, includes the duty to provide reasonable skill and care. This includes educating buyers about market history and current available data regarding a property they wish to purchase.

Explanation buyer forms - The Buyer Broker Agreement

Carol Lawhun — Sun, 30 May 2010 04:22:00 GMT

(In all cases, please refer to Buying and Selling a Home in SD - A Consumer Guide, published by the SD Real Estate Commission.)

The Buyer Broker Agreement

· Until a person buying real estate hires an agent to represent them they are not entitled to the fiduciary duties an agent owes their client. These fiduciary duties include obedience, loyalty, full disclosure, confidentiality, accounting, and reasonable care.

· As the consumer guide states on page seven:

o A buyer agency [broker] agreement is a written contract between you and a responsible broker whereby you become a client of the broker and the real estate [agent] you selected. This agreement employs the [agent] to seek a particular type of real estate, within a certain geographic area, during a given time, for which service you agree on the amount and method of compensation to be paid. Keep in mind that the brokerage fee is negotiable when entering into a buyer agency agreement

· If the property being looked at is listed in the multiple listing service (mls), the buyers’ agent’s commission may be covered, in part or in whole, by the seller.

Explanation buyer forms - consumer guide

Carol Lawhun — Sun, 30 May 2010 04:20:00 GMT

Buying and Selling a Home in SD - A Consumer Guide booklet published by the SD Real Estate Commission

· Buying a Selling a Home in SD - A Consumer Guide is a well written explanation of SD real estate law in layman’s terms.

· The guide explains the mission of the SD Real Estate Commission on the first page.

· After the introduction it has a couple of pages of definitions of common terms used in real estate. It then has an entire section aimed at people buying real estate, followed by a similar section for people selling real estate. Finally, it covers what to do if a member of the public wants to make a complaint, a section detailing prohibitions against discrimination, and a reference section of other websites.

· The Guide also explains the Real Estate Relationship Form, the Buyer Broker Agreement, and the Agency Agreement Addendum in the buyer section.

· The forms of agency listed on the Real Estate Relationship Disclosure form are also explained in greater detail in the guide on pages two-three.

Explanation buyer form - Real Estate Relationship Disclosure form

Carol Lawhun — Sun, 30 May 2010 04:17:00 GMT

(In all cases, please refer to Buying and Selling a Home in SD - A Consumer Guide, published by the SD Real Estate Commission.)

The Real Estate Relationship Disclosure Form

The purpose of this form is to review agency types allowed under SD law, and to give people a copy of Buying and Selling a Home in SD - A Consumer Guide from the SD Real Estate Commission.

· Agency is defined on page two of the guide to mean “any relationship by which one person acts for or on behalf of a client subject to the client’s reasonable direction and control.”

· Client is defined as any person, including a buyer or seller, who has entered into any agency relationship with a licensee (real estate agent). Clients are owed fiduciary duties of obedience, loyalty, confidentiality of personal information, accounting, and reasonable care.

· Customer is any party to a real estate transaction who does not have any agency relationship with a licensee (real estate agent).

· Fiduciary is defined one who acts legally on behalf and in the best interests of another. There are certain common law duties attached to fiduciary. In real estate, if you become the "agent" of your client, you are acting legally in their best interests.

The Real Estate Relationship Disclosure form lists the types of agency allowed under SD law with a brief explanation of each type. A checkmark appears next to each type of agency offered by the real estate company providing the form. Some agents will circle the types of agency which could potentially apply to the buyer signing the form.

· This form is an educational form which does not commit or obligate the signer to anything. However, unless the signer signs a second time at the bottom of the form verifying they are not being represented, it should be accompanied by an agency agreement (a Buyer Broker Agreement) to hire a real estate company and their agent.

State tests for SD Real Estate License explained

Carol Lawhun — Sat, 29 May 2010 20:24:00 GMT

A person wishing to become licensed in SD must first pass the Pre-Licensing class, then within two years of completing the course they need to pass two state tests. Information about these tests is at www.goamp.com

The first test, the Broker Multiple-Choice Exam, is similiar to the online prec-licensing tests. It has two sections - national real estate concepts & SD Law - you must pass both sections with a 75%. If you don't pass one of the sections you must take that sections over again, but you do not need to retake the section you passed. (The price for taking either section over is the same price as taking both sections over.)

The second test, the Broker Simulation Exam, is an advanced story problem test where you can not change an answer nor can you go back to previous questions. Some questions have you choose only the best answer from the choices and some questions have you choose all correct choices. Each possible answer is scored from -3 to +3 points. You must scores at least 75% on both the information gathering questions and 75% on the decision making questions. If you don't pass both sections, you will take both sections of the test again, and have to pass both sections the next time.

They are not really 'first test' and 'second test' as they can be taken in any order. After passing both- of the tests, you application for a real estate license (complete with application fee, authorization for finger printing, and finger printing fee), must be received by the South Dakota Real Estate Commission within 60 days. The application can be found on their website: http://www.state.sd.us/sdrec/. If you activate your license you must also carry Errors and Ommissions Insurance Coverage.

Call me (or read my other blogs) for more complete information on start-up costs. Carol Lawhun 605-390-2338.

Up-Down Duplex For Sale in Southeast has cash flow

Carol Lawhun — Sun, 16 May 2010 03:40:00 GMT

Well Maintained Duplex

• 2 bedrooms in upper unit; • 1 bedroom in lower unit - MLS® $113,500 - Investment Home

Northeast, Rapid City - Upstairs has nicely sealed hardwood floors. Lower unit is almost a 1 bedroom efficiency (apt does have separate bedroom). Lower unit has new carpet, vinyl, stove, and toilet.Garden level windows. Cute cabin feel downstairs. Home has maintenance free siding, garage has masonite. Upstairs bedrooms have built-ins. Downstairs apt includes garage.Nice curb appeal. Coin op washer dryer in common utility room. Has almost a 9% CAP rate giving a buyer a great return on their investment dollar.

Property information

FAQs for Real Estate Pre-Licensing classes

Carol Lawhun — Thu, 04 Mar 2010 22:27:00 GMT

FAQs:

Q: Where do I get the textbook which goes with the online course?

A: I may have one at my office you can pick up. (Call me at 605-390-2338 to discuss this option). You can also order the text book through the REcampus link where you registered for the course – on my site there is a tab called ‘bookstore’ where everything is in alphabetical order. The book is “Modern Real Estate Practice, 18th Edition” & is priced at $52.83. The total order cost, including shipping, is then deducted from the remaining cost of the school when you show up the first day of class. It gets the book shipped directly to you.

Q: Can I come to class before I complete the online version?

A: No. The online portion does need to be completed before coming to class, as well as the final test for the online portion. All of the chapter tests can be retaken as many times as needed to pass. The chapter test only gives you one chance. It can be retaken again, just let me know if you need it a second time & I will authorize it to be set up again for you.

Q: Can I take the entire pre-license school online.

A: We only offer it as the first 54-hours online. The remaining 62 hours must be taken in the classroom. A list of all approved schools offering pre-license classes can be found at the SD Real Estate Commission website. http://www.state.sd.us/sdrec/education/prelicensing.htm

Q: When are your next classes?

A: Class schedules are available on my website – the pre-license portal. Scroll to the bottom of the page on the right. My classes all run Monday – Friday, 8:30-4:30 pm, for nine days.

Q: Is there time off for lunch?

A: Yes, we plan on an hour for lunch each day. We do have a small kitchenette with microwave & refrigerator if you want to bring a lunch or drinks with you.

Q: How much does it really cost to get started in real estate?

A: There are several up-front costs, as with any time you begin a new business. The school, the state tests, the license application & fingerprinting fee, the REALTOR board fees (if applicable), equipment, software, advertising, etc. For more information, give me a call (605-390-2338) or email me at caroll@PropertyByReferral.com.

Q: Why does my online link lock up on me sometimes?

A: You may be using a wireless connection. Sometimes the connection is not stable and it locks up. Technical questions can be addressed with the tech support for the online course provider at either (888) 213-5124 or retechsupport@dearborn.com

Q: Can I take the online tests more than once?

A: Yes. The chapter tests are set up to take as many times as you need. The final exam is set up to only take it one time. However, you can contact me & I will authorize the online provider to make it available again, if needed.

Q: Is the final exam timed?

A: Yes. When you start the test and click on it there should be a notice of the time allowed to finish it.

Q: What should I bring to class?

A: Your yellow textbook, note taking materials (either paper & pencil or computer), and a calculator. You can also bring anything you need as far as lunch items, drinks, etc.

Q: What is the dress code for class?

A: Our school is casual, so jeans, shorts, or flip-flops are fine as long as they are not offensive.

Process for getting a real estate license in South Dakota - 2010, part II

Carol Lawhun — Fri, 26 Feb 2010 23:15:00 GMT

After completing the second test, the student has 60 days to have their application in to the South Dakota Real Estate Commission. On day 61, state law dictates they begin the process again from the beginning. The application fee is $225, plus there is a fingerprint charge of approximately $44. The application is on http://www.state.sd.us/sdrec/.
The license can be left inactive, in which case there are no further requirements until the new licensee activates it. All inactive licenses remain with the Commission in Pierre.
If the new agent knows which company with which they will be associated they can send the appropriate form along with their application. If they decide later they can send the broker association form later requesting their license be sent to the broker. Once the license is activated, the agent will need to carry errors and omissions insurance.
If the licensee associates with a firm which belongs to the National Association of REALTORS (NAR) and has access to the multiple listing service (mls), the agent will all need to join NAR, South Dakota Association of REALTORS, and their local board of REALTORS. This is another significant start-up expense to include in planning for a new career.
Other start up costs may include equipment (computer, cell phone, digital camera, printer), software such as word processor, spreadsheet, email program, and flyer creation software. Additionally may be expenses such as advertising costs, web page, contact manager, signage, business cards, and postage.

Carol’s rule of thumb – figure $4000 - $6000 for start up costs including school, tests, license, board fees, e&o insurance, and miscellaneous business expenses. For more details please contact me, by phone, 605-390-2338, or email caroll@PropertyByReferral.com. I look forward to talking to you!

Process for getting a real estate license in South Dakota - 2010, part I

Carol Lawhun — Fri, 26 Feb 2010 18:36:00 GMT

Licenses can be denied on the grounds of moral turpitude. If a student is concerned if the commission would deny thier license (perhaps for writing insufficient funds checks, or for a bankruptcy, for example), there is a conditional application available on the SD Real Estate Commission website. This allows a person to apply for the license on the condition they will meet the requirements before spending money on the school and tests.
South Dakota requires 116 hours of education to start the process. The different schools (which can be found on the SD Real Estate Commission website - http://www.state.sd.us/sdrec/) will offer you different choices - some offer the first 54 hours of class taught either through a CD-ROM or online as a self-paced study course, followed by 62 hours in the classroom. Others offer the entire 116 hours in the classroom. Some schools offer all daytime/weekday classes, others may offer nights or weekends. There is not a standard rate between the schools. As with most businesses, we do our own market research and set our own rates. This will include both national materials and SD state law materials. (SD License Law can be downloaded from the SD Real Estate Commission website given earlier. The schooling is to prepare the student for step two - the state tests.
After completion of all 116 hours, the student has two years to pass both state tests and apply for the license. At two years and one day, they need to start over from the beginning. Both tests are given on a computer and adminstered through www.goamp.com. One test is a multiple choice test, similiar to the tests given in the 54-hour portion of the class. The student needs to pass both national law and SD law portions of the test with a 75% score. The other test is a simulation test rather than a standard multiple choice test. It will combine information gathering skills and decision making skills into story problems. The student needs to pass both the information gathering section and the decision making section with a 75% score. Each time the student takes either test the charge is $95. (So the goal is to pass them both the first time for a total of $190).

For more details please contact me, by phone, 605-390-2338, or email caroll@PropertyByReferral.com. I look forward to talking to you!