Realtors hit sign snag as homes go on market

Mary Jean Thomasson says she has never hit or punctured a utility line putting up a "for sale" sign in a yard during her 19 years in the real estate business.

"I've never had a problem; I've never heard of a problem," said Thomasson, owner of Prince George Realty.

Now, she and all agents in Virginia need to call the Virginia Utility Protection Service -- aka "Miss Utility" -- before they put up a "for sale" sign.

Actually, getting approval is something they should have done all along, but real estate agents in general didn't think the law, which has been on the books for 30 years, applied to them or to their signs.

Said Thomasson: "Do you know of anything else that can be thrown at us by way of roadblocks to keep us from helping the housing market recover?"

Most real estate signs are pushed about 6 inches into the ground. Utility lines must be at least 12 inches deep, but the state division that oversees utility safety says soil erosion can change the depth levels and cause potentially dangerous situations.

Virginia's Underground Utility Damage Prevention Act requires anyone who digs -- agents included -- to notify Miss Utility, so properties can be properly marked, showing where electric, natural gas, cable and telephone lines are installed. People who don't get the go-ahead can be fined up to $2,500.

"There are no new laws or regulations," said Massoud Tahamtani, director of the State Corporation Commission's Division of Utility and Railroad Safety. "We have started an education program. Our goal is not to penalize, but to educate."

The push to educate was prompted by an incident last summer involving the installation of a 4-inch-by-4-inch post for an L-shaped "for sale" sign in front of a house in Fairfax County.

A gas line was cut; no one was hurt.

However, the incident revealed the need to send a strong message, Tahamtani said. An explosion in 1998 killed a woman, severely and permanently injured a man and ejected two children from a new house in Northern Virginia because of crossed electric and gas lines during construction.

Most "for sale" signs are installed in utility easements close to yards so they can be seen, Tahamtani said. But that's where lines are installed, causing potential problems.

"We have been told there is a public-safety issue, and no one in the real estate industry will argue that," said Laura Lafayette, chief executive officer of the Richmond Association of Realtors.

"But the hoops we have to jump through are time-consuming and needlessly complicated," Lafayette said. "The issue is the depth of the sign. What's the difference between putting a real estate sign in the ground or stakes for horseshoes or croquet?"

Realtors question the timing for such efforts, claiming that calling for permission creates an extra level of bureaucracy in a soft real estate market. "It's burdensome," said Cathy Saunders, an agent with Long & Foster in the Grove Avenue office.

Scott Shaheen, regional vice president for Long & Foster, said he has cautioned agents that the requirement could cause a 10-day delay in listing a property. "We have been getting the word out to our associates," he said.

Utility companies are supposed to respond to a request within 48 hours, starting at 7 a.m. the next working day, to give Miss Utility to mark the lines. After 48 hours, if no marks are on the property, the real estate agent needs to call again, then wait three hours before installing a sign.

If the utilities take longer to mark the lines, agents are no longer liable, Tahamtani said. The companies are responsible.

The Virginia Association of Realtors recently issued a warning to its 33,160-member organization regarding the law and its enforcement.

"You could hear a groan across Virginia when the VAR put this out," said Thomasson with Prince George Realty.

Tahamtani claims the timing is good, because of the high number of houses for sale, bolstered by foreclosures, and the need to be more careful.

Also, since most houses are not selling quickly, the need for urgency is not great, he said. "It's a good time to educate people. When the market turns around, everyone will know what the process is."

Contact Carol Hazard at (804) 775-8023 or .