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thank you for joining the first installment of digital crossfire 2014 the electronic version of the annual realtors in the crossfire program from your nhar risk management subcommittee digital crossfire is an interactive workshop designed to improve your risk management awareness for hot-button real estate issues including the first installment on the subject of agency disclosure hundreds of New Hampshire realtors took our recent true/false quiz on the subject and here are the results along with a brief discussion regarding the issue introducing Matt Johnson and Bill y Decker good day my name is Bill y Decker I'm past president of the New Hampshire Association of Realtors and welcome to the first edition of digital crossfire my name is Matt Johnson I'm an attorney divine Milla met and counsel to the New Hampshire Association of Realtors and today we're going to go over the results of the first series of true false questions that we sent out on risk management topics to realtors across the state so the first question that came up in our survey was the agency disclosure form must be provided to all consumers with whom you speak and so I guess I would just throw that out to you and give us your feedback on it well the feedback interesting responses from everybody 266 people answered true 302 answered false the correct answer to this question was false the reason was false is the question asked about all consumers and there are types of information and consumers that you may meet as a real estate professional where it does not rise to the level of having to provide an agency disclosure form the declaratory ruling sent out by the real estate commission walks through a whole series of initial acts that do not qualify for having to give the agency disclosure form okay so question to Matt the agency disclosure form can be signed electronically looks like our members had a pretty easy way with this correct they did eighty-two percent said true and the remainder said false the correct answer was true this is encouraging the Association spent time last year working with the Commission to have a declaratory ruling recognizing that under New Hampshire state law real estate documents can be signed electronically and appears that most members understand that great Matt question 3 the first business meeting occurs when you provide a consumer with general information regarding available housing in your market how did we do there that was an interesting response 331 member said true 237 said false the correct answer is actually false providing general information alone under the declaratory ruling is not sufficient to trigger an obligation to provide the agency disclosure form so it seems like the members are kind of defaulting towards when in doubt give the disclosures that is that sort of accurate that's what the results suggest and I think that is a good risk management practice I have yet to defend anyone in it before the real estate commission for providing an agency disclosure form when they did not have to that question for your required by Commission regulations to review and explain the agency disclosure form to all consumers how'd we do their members 447 said true 117 said false in fact the answer legally speaking is false the agency regulations only require you to provide the form to consumers however merely providing the form is missing risk management and marketing opportunity yeah would seem to me that just handing the document over and say I fulfilled my obligation you have a real a real great opportunity to talk about what type of services you can provide to that consumer I would agree the Commission rules only set a minimum standard but do not prohibit agents going beyond that and documenting better what their services would be question 5 says if you list a property after that property had previously been listed with another agent you're no longer required to provide the seller with an agency disclosure form seems like we knew the answer here we didn't know the answer almost every single member hit a home run on this one the only two respondents said true and 569 said false and the answer is false if you come into a new listing and new transaction as an agent you have to get the agency disclosure form all over again so our final question Matt is if a consumer refuses to sign the agency disclosure form you do not need to keep a copy of the form for your records true or false the true response is where nine members said true 559 set false the answer is false if the consumer to refuses to sign the form you need to note on the form that they refuse the sign and you do need to keep that as part of your records for a minimum of three years thanks for participating in digital crossfire our next installment will be about pocket listings so be on the lookout for the upcoming survey which will be monday the second of june and we again look forward to your continued participation and we'll see you next time you