I received this letter from BVEP’s Executive Director, Clark Krause earlier today. It dawned on me that between us (all 3,000 of us) we could come up with some pretty compelling reasons for this potential employer to move here….

Please copy me at marc@myacaronline.com on anything you send.

Boise Valley Economic Partnership (BVEP) Requests Your Help

The U.S. Patent and Trademark Office (USPTO) is looking to create two new satellite offices with up to 100 initial high-paying federal jobs and the Boise Metro has been listed as a potential location.  While BVEP and the Idaho Department of Commerce are working to create a detailed proposal letter, the Patent Office is also accepting public commentsuntil Monday, January 30^th about potential locations for additional USPTO satellite offices.

We would like your help posting up the reasons the Boise Valley is a great place for business.

The following links provide additional details, including the criteria the USPTO will consider in evaluating possible locations:
http://www.uspto.gov/news/pr/2011/11-69.jsp
http://www.gpo.gov/fdsys/pkg/FR-2011-11-29/html/2011-30717.htm

Some suggestions of what to include in your comment:

• Boise’s high level of innovation activity, measured by patent filings and grants (http://www.uspto.gov/web/offices/ac/ido/oeip/taf/cls_cbsa/allcbsa_gd.htm);
• Boise’s high quality of life, measured by cost of living factors and high employee retention rates;
• Boise’s proven ability to recruit and retain science and technology professionals;
• Boise’s central location in the northwest region relative to other cities of high innovation activity, such as San Jose, San Francisco, Portland, Seattle, Denver, Boulder, and Salt Lake City
• Any other personal or business reason you feel would make a compelling addition

I would encourage everyone to consider submitting a statement of support for a USPTO satellite office in Boise, either personally or on behalf of your organization (or both). Comments must be submitted to satelliteoffices@uspto.gov by next Monday, January 30. Please feel free to contact us with any questions or comments (208) 472-5229.

Clark Krause
Boise Valley Economic Partnership

Total sales for 2011 are 6,299; up 7% over 2010. In July of 2011, we exceeded YTD 2010 sales for the first time in 2011. This is our first year-over-year increase, without influence of the home buyer tax credit, in a few years.  This is our first time crossing the 6,000 homes sold threshold since 2007…how long ago that seems!

December sales decreased 3% from November’s 487. Historically, December sales decrease from November.

Of our total sales in December… 48% were distressed….up 1% from November 2011. In January 2011, 57% of our sales were distressed. We have seen a mild overall increase in the percentage of sales in distress. In July we were down to 42% overall and have seen the amount increase one to two points each month.

For homes sold in December, the average number of “Days on Market” was 86. This is essentially unchanged from last month. Down from 90 days last year this time and down from 93 days in January 2011.

Pending sales at the end of December were 691; a decrease of 7.5% from the end of November. This represents the smallest number of pendings in 2011. That is fairly consistent with historical data.  The percentage of pending sales in distress increased 1% from November, totaling 49% overall. This is the highest number of pending sales in distress we’ve had since early spring. Even so, we are now at eight consecutive months below 50%.

At the end of December, we had 20% more sales pending than at the end of December 2010.

December median home price held at November levels. Overall median price was $149,300; up 1.2% from December 2010. For all of 2011 our median was down 6.97%.  That is a significant improvement from where we were in January 2011: down 20%.

New Homes median price for December 2011 was $223,739; an 24% increase from December 2010. Year-to-date new homes median is up 15% over 2010 to $237,500.

The number of houses available continues to decrease. At the end of December our total active inventory was 1,991 homes. This is down 9% from November and 25% less than last year at this time. Our inventory has fallen below where we would call the market “in equilibrium”.  We are now in a “shortage”.

At the same time, the percentage of distressed active inventory held steady at 36%. We have been hovering between 33% and 36% since May. We remain well below the 40% levels set last spring….when we were on the increase.

In Ada County we have 4.2 months of inventory on hand…historically this number defines a strong “seller’s market”. The price category in shortest supply is <$119,000 with 2.5 months. In the range of $120,000 to $159,999 we have 3.9 months. All price points up to $400,000 have less than 5 moths supply. We have benefited all year from inventory levels much lower than national average. now, however, we are starting to see some slowdown in sales as the inventory continues to fall.

Based on December sold data, our most desirable price point is $120,000 to $160,000 which made up more than 20% of total sales.

There is no longer any doubt that, in Ada County, we have passed our “low water” point. 

The challenge to our continued recovery is available product.

Talking with our 2012 President, Kit Fitzgerald, we don’t see new homes construction being able to keep up with the demand, especially as we move toward Spring.

Financing for builders is still extremely difficult to come by.  In Kits words: “Without sticks in the ground, there is no excitement. Without excitement there is no sales growth.”

Sure, we will see median price increase over the next months, but when we get to April and the pent up demand comes roaring out of winter hibernation…then what?

Another thing I learned from Kit…the desires of new home buyers have changed…about the lots they want to build on.  Gone are the days when .13 acre was an acceptable lot size.  Buyers now want .25 or more….and there’s very few of those anywhere in Ada County.

Its going to be an interesting Spring.

If I was listing and selling I’d be brushing up on my multiple offer negotiation skills and brush off those old escalation clauses….who would’ve thought?

I called a friend at NAR earlier this week.  Frederik Heller is an archivist with NAR’s library and has been working on a project to record the contributions of REALTORS® to American history.

I told him I wanted to add something special to my end of year retrospective and asked if he could send me “a couple of anecdotes that I could include”….Boy did I get more than I expected.

Here then, courtesy of Frederik, a look back at the role we’ve played…enjoy.

1908: NAR’s first political act was taken on May 13, 1908, one day after the association had been created.   The members of the newly-formed organization passed & sent to the White House a resolution expressing support for President Theodore Roosevelt’s environmental conservation measures:

“…We view with dismay and alarm the present needless waste of our natural resources.  We are also displeased with the unnecessary slowness with which our legislators grasp the great importance of the development of our waterways and harbors. We are pleased and delighted with the broad view and the comprehensive grasp of these matters with which our President in endowed….  Resolved, that the members of the National Association of Real Estate Exchanges, without regard to party affiliations, do pledge to our President, our Governors and legislators, our hearty and unqualified support, and we do urge and entreat our representatives to do all in their power to speedily bring about such legislation as will conserve our resources, develop our waterways, and improve our harbors.”

1912: Nathan William MacChesney, NAR’s general counsel from 1908-1942, wrote the first model real estate license law, which was eventually (beginning in 1919) adopted by nearly all of the state legislatures.

1912: Three NAR members, all from Winnipeg, perish in the sinking of the RMS Titanic.

1917: The association offers the services of its members to the federal government for the purposes of procuring land for the war effort. President Woodrow Wilson later sent a letter to NAR thanking Realtors for their services to the country.

1930: Real estate associations around the country organize special divisions to work towards establishing fairer property tax laws.

1931:  NAR published an article in the Magazine of Wall Street calling for the creation of a central mortgage bank to help stabilize long-term mortgage credit.  The idea caught the attention of President Hoover and eventually went on to become the Federal Home Loan Bank Law of 1932, creating the Federal Home Loan Bank System.

1934:  The NAR-backed Federal Housing Administration is created.

1938:  NAR lobbies Congress to pass amendments to the Federal Housing Act of 1934, creating the Federal National Mortgage Association (Fannie Mae) and ensure a steady flow of low-cost funds for mortgage lending.

1945:  By the end of World War II, 1,143 Realtors had served in the armed forces and 19 died while in military service.

1952:  NAR establishes the Build America Better program to help revitalize depressed urban neighborhoods.

1953:  Ronald Chinnock, NAR president in 1954, establishes a committee within NAR to assist cities in preparing for the hydrogen bomb.

1961:  As the Berlin Wall is being built, NAR sends a call to action to its 70,000 members to contact the government expressing their support to “help our President act in confidence to ‘Break Down the Wall.’”

1965:  NAR President Maurice Read speaks out on the beginnings of a new problem affecting many areas, urban sprawl.

1975:  President Art Leitch and other NAR leaders work with HUD officials to clarify REALTORS’ responsibilities under the Fair Housing Act.

1976:  In honor of the U.S. bicentennial, NAR leaders present an original painting of Uncle Sam to President Ford for exhibition at the Smithsonian.

1977:  During the national energy crisis, NAR begins a program to promote energy conservation in the home.

1989:  NAR begins lobbying state legislatures to establish seller disclosure and agency disclosure laws.

1999:  ”Within These Walls,” an exhibition on the history of housing at the Smithsonian’s National Museum of American History is sponsored by NAR.

2001:  Within 48 hours of the Sept. 11 terrorist attacks, NAR establishes the Housing Relief Fund, which raises and distributes over $8 million to assist with housing costs for families of the victims.

2004:  NAR opens its new Washington building, the first newly constructed, LEED-certified green building in the capital city.

2006:  15 months after Hurricane Katrina, NAR holds its annual conference in New Orleans, where thousands of REALTORS take part in rebuilding projects around the city.

…and my own postscript…

2011:  NAR redefines its mission…”We will save housing and homeownership in America”.

Happy New Year!

Not so at ACAR. 

In December 2010 we made a bunch of predictions and presented them as a look back at 2011…pretty clever right?

So…how did we do?  Here’s the list of predictions we wrote last year with comments (now that we actually know how it turned out).

2011 – A Look Back at the Year of Our Return

Winding up 2011 we are compelled to reflect on key accomplishments, trends and happenings that most impacted real estate here in the Valley.  Most were good, some were only OK. The bad ones we’ve already managed to forget.

Agent2Agent – This program really kicked it into high gear averaging the most attendees in the history of the program. It may have been the speakers, the topics or the fellowship…or, like some have said, “The door prizes are what drew me. Free dues is something that came in really handy.”

Agent2Agent was convened for a final time in December.  It’s being replaced by a new event that emphasizes networking over speeches.  The name of the new event is “MATCH” which stands for “Meet at the Clubhouse. The first MATCH will be held in February…at The Clubhouse.

Circle of Excellence – Our largest annual REALTOR® celebration event closed the final chapter on production based awards; completing our migration to recognizing REALTORS® for their contributions to the industry and our communities. Coinciding with that transition, the Metro Chamber announced their brand new “REALTORS® that Matter” campaign recognizing the contributions that we make to our neighborhoods and communities.

The 2011 Circle of Excellence was the largest event in several years with nearly 700 REALTORS® attending. Production recognition was contained to the written program and a new award was presented…The Unsung Hero Award.  The 2012 Circle of Excellence event is in March.

REALTORS® Community Foundation – The Foundation reserves fell to dangerously low levels at the start of 2011; putting in jeopardy the continuation of the Foundation’s mission. In a bold stroke, the Trustees voted to invest critically low reserves into solar energy IPO offered by Treasure Valley darling Micron. In an amazing turn of events, the Stock doubled in value in the first 60 days with announcement of Defense Department contract; stock splits and Foundation nets nearly $1mil. The renewed level of member support has guaranteed the Foundation will be here for at least another 10 years.

The Foundation launched a new fundraising event called the “Get Away Giveaway” and raised almost $10,000.

REALTOR® Outreach –  The Committee re-launched “1000 points of Light” campaign recognizing community partners and REALTORS® in effecting neighborhood changes. In the kick-off event, Governor Otter praised the efforts resulting from the partnership of “some of our most creative business leaders”.

ACAR members were involved in more volunteer projects that ever and stepped up to raise $6,000 to help Neighborhood Housing Services continue Paint the Town for another year.

Professional Standards – For the first time in nearly a decade, the number of member to member arbitration requests was zero as REALTORS® at last embrace the benefits of mediation for the first time. For the same period, mediation conferences were up 1000% over last year.

Ethics complaints were down in 2011.  Arbitration requests were up a little.  Mediations were up…although not quite 1000%.

Attempted Change to REALTOR® Code of Ethics – In what was no real surprise to those on the “inside” efforts to add a new Article 18 – referred to as the Rodney King “REALTORS®will get along with each other” command fails to pass at Conference in Anaheim. Outgoing President Ron Phipps said of the effort: “Our 104 year old Code already says that REALTORS® willing cooperate and share their knowledge. We didn’t need this ‘feel good after-thought’.”

Changes to our Code of Ethics in 2011 focused primarily on Article 3 and its requirements to cooperate with one another.

House swapping gains in popularity. As short sales continue to plague our communities, more sellers are embracing “house swapping” as portrayed in the wildly popular HGTV Reality Show “I’ll Take Yours if You Take Mine”. Some listings now include optional wife swapping; nanny swapping or “pets convey” clause. Mortgage lenders applauded the new practice saying “It’s a good way for move up buyers to offer relief to overtaxed sellers.”

Although “house swapping” didn’t really take off…house tending sure did.  So did renting houses you don’t own…fortunately not in our market.

First ever Residential Real Estate Summit draws nearly 1000 people. Held in the early spring, the “Residential Real Estate Summit: What’s Next for Treasure Valley Housing” surpassed all expectations featuring a dozen leading experts. Several new initiatives have sprung frpm the information developed at the Summit. The Mayor’s Cooperative Council calls for this to become an annual event.

Our Summit drew nearly 600…not bad for the first year.

JUMP Project breaks ground – It is already apparent how much Jack’s Urban Meeting Place will change the look and feel of downtown Boise.  Replacing three blighted blocks with this unique facility is tremendously exciting. The National Association of Architects and Urban Planners recognized JUMP nationally as example of urban philanthropy and awarded it their prestigious “Urby” award.

JUMP starts construction in just a few more weeks.  Hooray!

Realtors elected to city councils as part of “Let’s Get Back to Business” Valley Wide Campaign. In a sweeping reform movement a dozen REALTORS® (sometime referred to as “The Apostles”) coordinated election campaigns that resulted in all of them being elected. When asked if this was a public referendum on the bureaucratic logjam that had paralyzed our Valley, ACAR Director of Public Policy said: “It was time for our business leaders to take the reins.”

Our Political Affairs Committee interviewed 23 candidates for municipal office.  All but one of the candidates we supported was elected.

State Legislature adopts constitutional ban on imposition of Tax on Services. Thanks to the Idaho Association of REALTORS® the State Legislature voted to block in perpetuity the possibility of this double taxation possibility.

Stay tuned….

Mortgage Interest Deduction protected again based on strength of Home Ownership Matters national campaign. On the eve of the Congressional Summer Recess, the House and Senate acknowledged the millions of constituent comments generated through the NAR campaign and voted to leave intact mortgage interest deductibility. Speaker of the House John Boehner (R-Ohio) was clearly emotional in his praise for the effort.

We did succeed in protecting MID for one more year.  The fight is not over by a long shot.

IREC moves to end CORE course requirement. Pledges to launch mandatory post license education requirements (for new licensees). IAR lauds effort as responsible government action. IREC Director of Education MiChell Bird says the move will “increase the professional abilities of all Idaho licensees.”

The conversation continues…

Young Professionals Network Idaho Chapters grant charters to increasing number of occupation based Networks; Young Professional Farmers leads in members followed by Young Professional Wait Staff and Young Professional Teachers.

YPN has continued to grow.  Our own Chase Craig was recognized as one of the “Top 30 REALTORS® in the Nation Under 30” for 2011.  Congratulations Chase!

Nationwide Open House week grows to 1 million homes. Fueled by pent up buyer demand, the 2011 National Open House exceeded industry expectations. “On this one weekend 90% of all active REALTORS® were introducing potential buyers to their dream homes.

We did get almost there.  What a great weekend that was.

Boise Fox News Affiliate launches’ REALTOR Corner on nightly newscasts. Fox News Director said that it was “too complicated” to get a comprehensive report from a street reported that had to sandwich real estate news between crime reports and human interest stories. ‘This will position Fox as the number one news station in Boise. In a related story KTVB said they were considering a similar adjustment.

Unfortunately Channel 12 lost their Fox affiliation.  Mike Turner and Jared Cozby made up for it with their weekly radio program on Boise public radio. 

ACAR announces phase out of MyACAROnline website with launch of new mobile app running “Its My Thing” dynamic data widget. This is a completely interactive data portal for client management and is the first of its kind in the Pacific Northwest.

Well…maybe next year.

IMLS completes integration of Bluetooth lockboxes rendering fobs for iPhone/Droid/Blackberry unnecessary. In a “Turn in the Fob” celebration more than 1,000 REALTORS® filled a small swimming pool with the now useless devices.

We nailed this one.  The swap out was completed in December!

ACAR’s Realtor Store “All My Tools.com” had a wildly successful grand opening in April. Featuring cutting edge as well as main stream business products offered in a REALTOR® friendly environment, 3/4s of the membership had visited the store by September. Nearly 50% of members voted in the “Name the Mascot” contest and choose “Orange Cat” as new store image.

Our store is open and going strong.

“Realtor Joe’s” ACAR’s new Members Only virtual office suite announces 100^th deal written at one of its tables.

We didn’t reach 100 deals…but we did get to 10.

Year-to-Date Median home price increases moderately compared to last year for first time in 3 years.

We had a slow but sustained recovery for our low back in October of 2010.

YTD sales for 2011 were 8% over YTD 2010.  Median price improved almost 17% from January 2011…now within 3% of 2010.

Spike in new homes sales surprises even professional forecasters. Embracing the “build to market data” approach, these new homes feature a denser living environment that takes full advantage of smart technology to draw a new corps of buyers. The percentage of new homes sales is approaching 50% of total sales.

With the lowest inventory since 2006 (expected to fall below 2,000 active listings b January 2012) the demand is bursting at the seams.

Distressed properties hold below 30% of sales/pendings and inventory. Retreating from a high of 60% in the spring of 2010 a resurgence of Federal Stimulus backed initiatives is finally helping.

Not quite below 30%…but less than 50%. A 10% improvement from the beginning of the year.

2011 membership has net gain of 1. Meet the member that reversed a three year trend in a special 2012 New Years Eve party at ACAR this Friday.

We actually increased by almost 200 members from 2010 to over 3,000.

With the season’s first significant snowfall now starting…we’re moving the New Years Eve party to McCall.  See you at Brundage on Saturday!

Happy New Year!

November sales YTD are 5,763; up 7.98% over 2010 YTD. In July of 2011, we exceeded YTD 2010 sales for the first time in 2011. In August we improved to +6.1%. In September our increase was 7.2%. In October it grew to 7.6%.

November sales decreased 10% from October 2011′s 520. Historically, November sales decrease from October.

Of our total sales in November… 47% were distressed….up 2% from October 2011. In January 2011, 57% of our sales were distressed.

For homes sold in November, the average number of “Days on Market” was 78. This is essentially unchanged from last month. Down from 90 days last year this time and down from 93 days in January 2011.

Pending sales at the end of November were 748; a decrease of 7% from the end of October. Looking back at pending sales from March 2011 to November 2011, we see an average between 800 and 900 at the end of each month. The percentage of pending sales in distress decreased 1% from October, totaling 48% overall. We are now at seven consecutive months below 50%.

At the end of November, we had 11% more sales pending than at the end of November 2010.

November median home price decreased 2% from October. Overall median price was $149,500; down 3.5% from November 2010.

New Homes median price for November 2011 was $207,900; an 17% increase from October 2011. Year-to-date new homes median is up 20% over 2010 to $215,000.

The number of houses available continues to decrease. At the end of November our total active inventory was 2,190 homes. This is down 4% from October and 13% less than last year at this time. We stand a very real chance of having our total active inventory going below 2,000 by year end.

At the same time, the percentage of distressed active inventory increased 3% from October to 36%. We have been hovering between 33% and 36% since May. We remain well below the 40% levels set last spring….when we were on the increase.

In Ada County we have 4.3 months of inventory on hand…historically this number defines a strong “seller’s market”. The price category in shortest supply is $100,000 to $119,000 with 2.5 months. This is closely followed by <$100,000 with 2.8 months available. In the range of $120,000 to $250,000 there is 4.5 months. $200,000 to $249,000 with 5 months. We continue to “benefit” from inventory levels much lower than national average.

Based on November sold data, our most desirable price point is $120,000 to $160,000 which made up 21% of total sales.

Today the National Association of Realtors^® Chief Economist Lawrence Yun met with economists from federal agencies and industry organizations to present the preliminary results of NAR’s rebenchmarking process for existing-home sales, begun in March of this year.

All major statistical data series go through periodic reviews and revisions to ensure that sampling and methodology keep up with changes in the market, such as population changes in sampled areas, to ensure accuracy, and NAR’s EHS series is no exception. As NAR has reported, based on preliminary results, previous annual existing-home sales numbers will be revised downward.

What this means for Ada County home sales data…nothing. We draw our data directly from our mls and report just that data. NAR must apply statistical modeling because they do not have mls data to draw on form 100% of the country.

So, if you hear someone say “NAR has been inflating home sales to make the market look better”…Who cares?  All real estate is local and our local data is solid and reports that the Ada County Market has been in recovery since mid-year.

What stood out to me was that home buyers are:

• Older
• Have higher incomes
• Are more likely to be married

Naturally, those who can afford to spend more are generally older and have higher incomes.  In fact, the median age for overall home buyers rose from 39 to 43.  The number of married couples buying homes rose 6 percent, while purchases by singles and unmarried couples were slightly down.

Most troubling though, is the fact that the market share for first-time home buyers fell to 37 percent in the past year—down from a record high of 50 percent in 2010.  Although the high was in part due to a boost in sales from the home buyer tax credit, that’s still a decrease larger than what we’d expect, based on the average.  Over the past year, repeat buyers made modestly higher down payments than the previous year, but their incomes were a full 11 percent greater.

We can conclude that there are still buyers out there, but qualifying for a loan is harder.  This is due to an overly restrictive mortgage credit environment, in spite of plenty of affordable housing.

The survey tells us just how tight the credit market remains

It underscores concerns that the American Dream of home ownership may soon be out of reach for younger Americans.  Tighter credit rules, along with legislative proposals to reduce or eliminate the Mortgage Interest Deduction and narrow the definition of the Qualified Residential Mortgage (QRM), threaten the housing industry during a fragile stage of its recovery.

The effect of QRM regulation would be to raise down payments to 20 percent to meet the requirements of a qualified residential mortgage.  This would disproportionately affect first-time and minority borrowers.

But the impact of QRM regulation would go far beyond these two groups.  Higher rates will slow home sales and lower home prices for all buyers at the very worst time.

With Social Security facing fewer contributing workers in the future, a house remains an important equity investment for young people.  Now is not the time to raise new barriers to home ownership.

I was heartened to see that most buyers believe in the long-term value of home ownership.  Seventy-eight percent of recent home buyers said their home is a good investment, and 45 percent believe it’s better than stocks.

After hearing the stories from members, as well as my own clients, it was so stark to see the impact of such tight lending standard quantified in the numbers.  This means that we should keep our heads down, work hard, and know that there are still plenty of buyers looking for the right home.

From Mashable.com

There is a storm of controversy flaring up over Carrier IQ, cellphone software that logs user activity and relays at least some of that information to wireless carriers.

The  carriers say they’ll use that data to improve their networks. But anything that’s peeking in on what you’re doing on a phone raises a host of privacy concerns, and many users are suspicious.

Carrier IQ is so controversial for a few reasons:It’s hidden. Short of rooting, or removing certain software safeguards to obtain “administrator” access to your phone, it’s almost impossible to know if it’s there.It’s everywhere.

The software reportedly exists on millions of handsets on several carriers, including many Android phones and even some versions of the iPhone.It’s not opt-in. Without the user’s explicit approval, the software is enabled and gathering data on the phone.It’s voracious.

According to Trevor Eckhart, who created the recent explosion of attention on Carrier IQ with a video he posted on YouTube earlier this week, the software logs every keystroke and incoming text message. However, there’s some question about how much of this information is actually sent to the carriers.

Here are the most important things you should know about this previously little-known piece of software:

What is Carrier IQ?Carrier IQ, made by a Mountain View-based company of the same name, is software that runs in the background of your cellphone or mobile device. It’s there to examine how your information travels over your wireless provider’s network. Basically, it looks at how well your texts are going through, how fast your emails are getting delivered, and how much you’re clogging up things by watching Netflix all the time — with the intention of relaying that information to carriers so they can find ways to optimize their networks.

Wait a second… so the carriers are watching everything I do on my phone?

In a statement, Carrier IQ says the software is only “counting and summarizing performance, not recording keystrokes or providing tracking tools.” It goes on to say that it shares the data only with its customers, the wireless carriers, and that the carriers have stringent policies on data retention.

Independent mobile-security company Lookout wrote in a blog post, “It doesn’t appear that they are sending your keystrokes straight to the carriers.”

The man who first pointed out the issue, Trevor Eckhart, demonstrated that Carrier IQ indeed was logging keystrokes on his HTC EVO 3D smartphone, among other activity. When Carrier IQ sent him a cease-and-desist letter for saying the software was acting as a keylogger, the Electronic Frontier Federation (EFF) came to his defense. Carrier IQ backed off, issuing an apology.

Is this legal?Paul Ohm, a former prosecutor with the Justice Department says no way. He recently posted on Twitter: “If the Carrier IQ/cellphone rootkit story is accurate, this is a clear, massive, felony wiretap. Not a close case.”Senator Al Franken, who raised privacy concerns over location tracking on cellphones earlier this year, also had a strong message for Carrier IQ, saying, “The revelation that the locations and other sensitive data of millions of Americans are being secretly recorded and possibly transmitted is deeply troubling. This news underscores the need for Congress to act swiftly to protect the location information and private, sensitive information of consumers. But right now, Carrier IQ has a lot of questions to answer.”

Is the software only on smartphones? Carrier IQ says its software is on feature phones, smartphones, and tablets? 

Is it on my phone? Carrier IQ is running on 141 million devices in the U.S., according to InformationWeek. Among the major carriers, Sprint and AT&T have confirmed that they use it, and Verizon Wireless told Mashable that it doesn’t.

Update: In an email to Mashable, a T-Mobile spokesperson wrote, “T-Mobile utilizes the Carrier IQ diagnostic tool to troubleshoot device and network performance with the goal of enhancing network reliability and our customers’ experience. T-Mobile does not use this diagnostic tool to obtain the content of text, email or voice messages, or the specific destinations of a customers’ internet activity, nor is the tool used for marketing purposes.”

On the manufacturer side, both RIM and Nokia made statements that said it doesn’t install or authorize its carrier partners to install Carrier IQ on phones. Nokia similarly denied installing Carrier IQ on its products.

If you’re an iPhone owner, Apple told AllThingsD that it removed Carrier IQ “in most of its products” when it released iOS 5, with plans to remove it completely in a future software update.

How do I get rid of Carrier IQ? If you have an Android phone, you can find out whether or not Carrier IQ is installed by using Eckhart’s Logging Test App, and you can use the app to remove the software for the cost of a dollar.

The app requires rooting your phone, however, so proceed with caution and be warned: Some reports say it’s not always successful.

On an iPhone, it may already be absent from your iOS 5 device, according to Apple, but if you want to be 100% safe, TechCrunch says you should open your settings, go to “Diagnostics & Usage,” and select “Don’t Send.”

How likely is it that data collected by Carrier IQ could be accessed by a third party? Considering there are no reports of this ever happening, you might conclude that it’s extremely unlikely. In its statement, Carrier IQ says the data it gathers is encrypted in its own network, or the carriers’ networks.It’s unclear how secure the data stored on the phone itself is, however.

Its all hypothetical, but if you take into account the recent emergence of Android malware that’s able to “root” a phone, it’s impossible to rule out the idea that someone could design a piece of malware that could root the phone and access the data. In theory, it’s possible, but again, there are no reports that anyone’s done it.

October sales YTD are 5,271; up 7.64% over 2010 YTD. In July of 2011, we exceeded YTD 2010 sales for the first time in 2011. In August we improved to +6.1%. In September our increase was 7.2%. Now we have increased again.

October sales decreased 9% from September 2011′s 568. Historically, October sales decrease from September.

Of our total sales in October… 45% were distressed….up 4% from September 2011. In January 2011, 57% of our sales were distressed.

For homes sold in October, the average number of “Days on Market” was 75. This is essentially unchanged from last month. Down from 90 days last year this time and down from 93 days in January 2011.

Pending sales at the end of October were 812; a decrease of 5% from the end of September. Looking back at pending sales from March 2011 to October 2011, we see an average near 900 at the end of each month. The percentage of pending sales in distress increased 2% from September, totaling 49% overall. We are now at six consecutive months below 50%.

At the end of September, we had 11% more sales pending than at the end of October 2010.

October median home price increased 3% from September. Overall median price was $152,500; up 1.7% from October 2010. This is the first month showing an increase over the same month/previous year.

New Homes median price for October 2011 was $247,900; an 18% increase from September 2011. Year-to-date new homes median is up 22% over 2010 to $215,000.

The number of houses available continues to decrease. At the end of October our total active inventory was 2,260 homes. This is down 5% from September and 29% less than last year at this time.

At the same time, the percentage of distressed active inventory decreased slightly from September to 34%. We have been hovering between 33% and 36% since May. We remain well below the 40% levels set last spring….when we were on the increase.

In Ada County we have 4 months of inventory on hand…historically this number defines a strong “seller’s market”. The price category in shortest supply is <$100,000 with 2.5 months available. This is closely followed by the $100,000 to $119,000 with 2.5 months and $200,000 to $249,000 with 5 months. Consumption of inventory is expanding to all price ranges. In the price ranges from $250,000 to $499,000 we have about 6 months of available inventory.

We continue to “benefit” from inventory levels much lower than national average.

The National Association of REALTORS® convention concludes today in Anaheim, CA.

With more than 15,000 REALTORS® attending, we were down nearly 10,000 from our highest number in 2006 in New Orleans.

However, what we saw this week was a different attitude from the last couple of years. Those of us in Anaheim are the survivors who now look forward to improving conditions; not the continuation of the freefall we were in before.

We are advancing our Five Point Plan for Housing Recovery. Point One and our message to Government…”Do No Harm”.