Advisory to Real Estate Salespersons Who Mislead Consumers into Falsely Believing that They are Brokers

posted Mar 25, 2017, 12:12 PM by Richard D'Ascoli   [ updated Mar 25, 2017, 12:14 PM ]

Licensee Alert

Supplemental Disciplinary Advisory to Real Estate Salespersons Who Mislead Consumers into Falsely Believing that They are Brokers -- and a Concurrent Caution to the “[Ir]responsible” Brokers Who Permit or Support Such Practices By Wayne S. Bell, California Real Estate Commissioner and Mark Tutera, Special Investigator 


In September 2015, the California Bureau of Real Estate (CalBRE) issued an advisory which was captioned “Disciplinary Warning to Real Estate Salespersons Who Act, Conduct Themselves, and/or Advertise as ‘Independent’ Real Estate Professionals -- and a Simultaneous Caution to Brokers Who Allow or Support Such Practices”. 


Licensees of CalBRE are well advised to review that prior advisory since we continue to see some of the same bad practices identified in that writing. 

This discipline “advisory” is being issued as a supplement to that prior warning since CalBRE has taken notice of the use by some real estate salespersons of names and designations (and attendant Internet and marketing materials) that suggest to the public - and mislead consumers into falsely believing - that such salespersons are real estate brokers. 

A scenario that we have repeatedly seen is the use by a salesperson (who for this illustration we will identify as John Doe) of a fictitious business name that would lead members of the public to incorrectly believe that the business is operated and managed by a real estate broker. In this example, salesperson Doe conducts business using the name Doe Real Estate. Doe advertises using that business name, and the advertisements are connected to, or accompanied by, a webpage and other materials that extol the virtues of Doe Real Estate. The public would not think that Doe is a salesperson who must be supervised by another, and would most certainly conclude that Doe Real Estate is a real estate broker or brokerage. And the above practices are unlawful. 

In addition to the above, many salespersons continue to brand and identify themselves as “independent” real estate practitioners, and they practice and advertise as such. Unless those salespersons are operating as “teams”, in full compliance with the California laws and rules pertaining to teams (e.g., the disclosure of I.D numbers and the name of responsible broker, and the surname of at least one of the licensee members of the team along with the use of the terms “team”, “group” or associates” with regard to the team), that is unlawful as well.

Further, and depending on the specific language employed with respect to the name(s) and designation(s) used by the real estate salespersons, there might be a violation of the law relative to the use of fictitious names. Please see the prior guidance given by CalBRE on the proper use and licensing of fictitious names. As was also stated in the prior warning, under California law, with its two-tiered licensing system, real estate salespersons cannot provide - or advertise that they can provide - real estate services independently of their responsible brokers. Likewise, salespersons must be associated or affiliated with, and be reasonably supervised by (which supervision includes broker review of the advertising used by the broker’s salesperson or salespersons pursuant to Commissioner’s Regulation 2725(e)) a responsible broker in order to engage in real estate licensed activities in California. The law provides no exceptions. CalBRE will take appropriate disciplinary action (including the imposition of significant fines, and - where appropriate – the revocation of licensure) against real estate salespersons who engage in the unlawful activities discussed above, and against real estate brokers who permit their salespersons to engage in such activities. 


She’s been playing softball for over 30 years.

posted Mar 24, 2017, 4:43 PM by Joyce Evans   [ updated Mar 24, 2017, 4:44 PM ]

You may know PSAR member Michelle Hickin as a member of the East County District Council.
 
But did you know that Michelle has been playing softball for more than 30 years? “I play year-round on a co-ed team with my husband Tim in a recreational league in Santee, plus I play on an all-women’s team in Ocean Beach,” said Michelle. “I love the game. Even when I was pregnant with our son, I still continued playing until the eighth month.”
 
A native of Orange County, Michelle, grew up in Brea, Calif. Michelle started playing softball at age 5. “That was the youngest age you could sign-up back then,” said Michelle. “My grandmother, who played in a women’s professional softball league, was my coach. She signed me up without my parents’ knowledge. My mom said, `Oh, well, I wanted her to learn to play the piano, but I guess it’s going to be softball instead.’ My mom wanted a daughter who wore bows in her hair and dresses. Instead, she got a daughter who wore bows in her hair and played in the dirt.”
 
In 1993, Michelle moved to San Diego to attend San Diego State University (SDSU). Throughout college, she worked at Sea World, where she met her husband, Tim. They both worked at the Shamu and Friends gift shop. Tim continued working at Sea World. Today, after 24 years there, he is a carpenter in the Creative Services Department. He builds and maintains the show stages.
 
Since 1999, Michelle has worked in escrow for both Title Companies and Independent Escrow companies. Michelle has spent 18 years working in real estate, 15 years of those years were behind a desk as an Escrow Officer and managing staff. Recently, she joined Oakwood Escrow, Inc. as a sales rep. “I call myself `a recovering escrow officer; I enjoy connecting people and developing long-standing relationships,” said Michelle.
 
Michelle has been active with PSAR the past four years. “Every Thursday morning at the East County Rally and Ride, it feels like a family reunion,” she said. “It feels like the holidays and fun times with family members. I respect the work of our Association because our leaders work really hard to help educate and promote the members. Real estate is an ever-evolving industry and education is vital to keep yourself relevant and out of a courtroom.”

Vote Now for PSAR Young Professional “NAR 30 Under 30”

posted Mar 20, 2017, 8:37 AM by Joyce Evans   [ updated Mar 21, 2017, 6:43 PM by Richard D'Ascoli ]

Stop whatever you’re doing right now and click the "Vote Once A Day" link below to vote for PSAR REALTOR® member Anthony Manzon for the 2017 “30 Under 30” award from the National Association of REALTORS® (NAR).
 
http://realtormag.realtor.org/30-under-30/finalist/2017/03/anthony-manzon

The 28-year-old PSAR member from Chula Vista is one of the remaining 50 finalists for this year’s award. REALTORS® across the country are currently participating in the selection of finalists by casting online votes from March 17 to 24. You can vote once per day every day until 10 a.m. PST on Friday, March 24. NAR is expected to announce the 30 winners next week.
 
“It would mean the world to me if I win,” said Anthony. “It would be a tremendous privilege to be chosen for this award as a PSAR member. I would cherish this honor and be grateful for my Association’s support for my entire career. So, please, tell your friends, your family, your coworkers because every vote counts.”
 
Anthony is a strong supporter of PSAR. He attends many events and has been involved in PSAR’s Young Professionals Network (YPN) group. He also is involved in the community with several charities and nonprofits.
 
Anthony earned his real estate license in September 2013. In his first year, he won the 2014 Rookie of the Year award, finished with 13 transactions representing $5.5 million in volume. Production in 2015 totaled 34 transactions, representing $16 million; in 2016, it was 51 transactions representing with $22 million.
 
According to Anthony: “I never had a full-time job before selling real estate as I was a professional break dancer. I owe a lot of my real estate success to my breakin’ career. In breakin,’ I learned discipline and hard work. Success was never going to be given to me. I use this same approach in real estate. The most important thing breakin’ has taught me is to always be myself and I will attract the people and clients that I enjoy working with. In San Diego, I am known as `The Break Dancing Agent.’ At open houses, I bring my boombox, play old school music, and dance. Clients love that I am professional and that I am being myself. When I learned to incorporate my natural personality with professionalism, my business exploded.”
 
Criteria for the “30 Under 30” award includes sales production, business management, leadership involvement in the community and support for their local Association. Candidates are successful in their real estate business and have demonstrated skill, success, creativity, and leadership in their careers. Among NAR’s 1.1 million membership, an estimated 30,000 members are under age 30 and eligible to be nominated for the award.

http://realtormag.realtor.org/30-under-30/finalist/2017/03/anthony-manzon

She raised 3 daughters and now has 4 grandsons

posted Mar 17, 2017, 4:04 PM by Joyce Evans   [ updated Mar 17, 2017, 4:05 PM ]

You may know REALTOR® member Nedy Lao as a member of PSAR’s Global Real Estate Council (GREC). The GREC provides PSAR members with educational opportunities to enable realtors to expand their practice internationally. Nedy also is currently chairing a committee planning an upcoming e-PRO certification class for GREC and PSAR members. The National Association of REALTORS® e-PRO certificate designates a REALTOR® is proficient in the use of real estate technology, including social media technologies, in creating an online presence and in serving their clients.
 
But did you know that Nedy has an identical twin sister named Geny. “In kindergarten, we switched identity to play tricks on our teacher,” Nedy said. “One time, Geny’s boyfriend got confused and he started talking so nice to me. My friend next to me told him, `Hey, fella, you’re talking to the wrong person.’”
 
Nedy grew up in the Philippines and earned a bachelor’s degree in civil engineering from Manuel L. Quezon University, her dad’s alma mater. Nedy gave a reason for a real estate career: “If I cannot build buildings or bridges, might as well sell homes.”
 
She met her husband at a church dance. After their wedding, Nedy and husband Jaime moved to Hawaii where he attended Brigham Young University-Hawaii (BYU-H). They later relocated to Provo, Utah. Today, Jaime teaches math at the San Diego School of Creative and Performing Arts. He also teaches part-time at San Diego City College and the University of Phoenix on-line.
 
Nedy’s three adult daughters live in Las Vegas, Delaware, and San Diego. “We have four grandsons but no granddaughters yet,” she said. “I stayed home with our children until they were older,” Nedy said. “I’ve always been involved in helping people. So, one day my husband said if I wanted to help more people then I should sell real estate.”
 
Nedy earned her real estate sales license in 2004. A year ago, she joined Big Block Realty. “I like short sales because I know the people are suffering and I want to help them,” Nedy said. “I want to give them the right information. When we were younger and bought houses, our agents did not tell us the right thing.”
 
Helping people is a major reason why Nedy enjoys real estate and PSAR. “Everyone in our Association is dedicated to helping people in our community and their clients, we’re here to help others,” she said. “Also, PSAR offers a lot of education and help for the members. It’s like a big family.”

C.A.R. presents forms for review and comment

posted Mar 15, 2017, 6:15 PM by Richard D'Ascoli   [ updated Mar 15, 2017, 6:16 PM ]

The Standard Forms Advisory Committee is proud to present drafts of the following forms for your review and comment.  These forms are scheduled for release the week of June 26th, 2017. 

 

NOTE: The forms are tentatively scheduled for a June 2017 release. Depending on the comments received, and other priorities, CAR reserves the right to postpone the release date until December 2017 or take some other action.

New Form

  • BBD – Bed Bug Disclosure
  • CLR – Cancellation of Lease or Rent
  • PPN – Pre-Possession Notice to Tenant to Pay
  • WSM – Water Submeter Addendum

Revised Forms

  • AS – Sellers Affidavit of NonForeign Status
  • CLA – Commercial and Residential Income Listing Agreement
  • LL – Lease Listing Agreement
  • LR – Residential Lease or Month-to-Month Rental Agreement
  • PMA – Property Management Agreement
  • PPA – Probate Purchase Agreement and Joint Escrow Instructions
  • REO – REO Advisory
  • RLA – Residential Listing Agreement
  • RLAA – Residential Listing Agreement – Agency
  • RLAN – Residential Listing Agreement – “Open”
  • SBSA – Statewide Buyer and Seller Advisory
  • SP – Single Party Compensation Agreement
  • TA – Trust Advisory
  • TAL – Trust Advisory (Listing)
  • VLL – Vacant Land Listing Agreement
  • VRL – Exclusive Authorization for Vacation Rental

 

Drafts of the revised forms along with a summary of changes are available for your review and comment at C.A.R. Online at:http://www.car.org/zipform/standard-forms/summary-forms-releases-chart/june2017formsrelease/

 

Please contact Cecilia Matias at ceciliam@car.org if you have trouble accessing these documents online. Please provide all comments in writing no later than 12:00 pm (noon) Monday, April 3rd, 2017 via email to carforms@car.org.


Voice of Real Estate: Market Update, When is the best time to sell?

posted Mar 10, 2017, 3:59 PM by Joyce Evans   [ updated Mar 10, 2017, 4:02 PM ]

Some people might think that San Diego County’s housing market hasn’t fully recovered yet from recession low points. But, the market’s improvement seems to be continuing, according to PSAR members, as well as other industry sources.
 
According to CoreLogic, it’s still a seller’s market with the average days on market for a home dropping to 33, which is 50 percent less than it was 10 years ago. Granted, it’s also a seller’s market because of a lower inventory of homes for sale.
 
Also, in January, CoreLogic said the median price of a home in San Diego County jumped by 7 percent, compared with the same month a year earlier, while the number of homes sold rose by 4.6 percent. The median price of a San Diego County home was $495,000 in January 2017, up from $462,750 in January 2016. A total of 2,480 homes were sold in the county in January 2017, up from 2,370 during the same month the previous year. Normally, some people prefer not to buy or sell during the holidays, which translates into a relatively low number of deals, but that didn’t seem to be the case this year. 
 
Indeed, San Diego homes might be pricey. However, fortunately, thanks to low interest rates, mortgage payments can still be made affordable even in a market with increasing purchase prices. 
 
In October 2016, the median hit $507,500, its highest point in a decade, but the median has remained under half a million dollars since and pushed the nominal 2005 peak of $517,500 (or $644,487 in 2016 dollars) further out of reach. Irvine-based CoreLogic provides real estate data and analytics for the real estate, mortgage finance, insurance and capital markets.
 
In addition, according to Realtor.com, a website, run by the National Association of REALTORS®, San Diego’s single-family home market ranked as the sixth-hottest in the nation in February. Seven of the 10 “hottest” markets were in California; most were in northern California. The Los Angeles area came in 20th. The nation’s hottest home market in February was Vallejo-Fairfield, where the median time on the market for a home listed for sale was 33 days. Realtor.com said February 2017 appears to be a record setter for the highest listing prices and the shortest average time on the market since the recession.
 
So, the spring buying season seems to be off to a booming start. Homebuyers take note because this year may become even more of a seller’s market than last year.
 
Also, according to online real estate company Zillow, the best time to sell a home in San Diego is the first two weeks of April. Zillow’s recent study compared the best time to list a home for sale in the top metropolitan areas across the U.S. For San Diego, homes listed in the period April 1 to 15 sold 13 days faster and at a 1.3 percent premium. Saturday was identified as the ideal day to list. A little farther north in Los Angeles, the best time to list is a Friday between April 16 and 30, with the average home selling 15 days faster at a slightly lower 1.0 percent premium. Weather patterns also affect the best window to sell in different areas. Sellers in sunny Arizona, Texas, California and Florida have more flexibility in the listing timeframe, according to Zillow. Nationally, the best time to list is May 1 to 15, when homes sell around nine days faster and for nearly 1 percent more than the average listing.
 
Overall, 2017 is shaping up to be another competitive buying season. The Zillow economist said that by May some buyers may be anxious to get settled into a new home and will be more willing to pay a premium to close the deal.

C.A.R. Winter Meeting Reports, Jan. 24th - 28th, 2017

posted Mar 7, 2017, 2:45 PM by Joyce Evans   [ updated Mar 7, 2017, 4:51 PM by Sally Valdez ]

Anthony Andaya
2017 Immediate Past President of PSAR
REALTOR Action Fund, Transaction & Regulatory, 2017 Young Professional Network Vice Chair

REALTOR® Action Fund (RAF):  The mission of the committee is to provide education and training for politically involved REALTORS® to develop appropriate structures for effective communication with elected officials at each level of government; and to provide support for REALTORS® in the areas of fundraising, education and the Member Mobilization Program. The committee's primary function is to raise funds through the REALTOR® Action Fund, train local associations and to provide political education to local members, as needed.  (this may change as changes were discussed to simplify.)
R.A.F. Committee was held on Thursday 01/26/2017 from 10:00 a.m. to 12:00 p.m.  The first half of the meetings was mainly introductions, housekeeping issues, and discussion on changing the mission statement.  NAR Corporate Ally Program was discussed a bit in detail and many of those details can be found here: http://www.realtoractioncenter.com/news/blog/the-corporate-ally-program.html?referrer=https://www.google.com/  We then moved on to discuss 2016 recap as well as 2017 goals.  Each association in attendance was given a spreadsheet breaking down their 2016 contribution and we were encouraged to raise no matter the level.  PSAR is at 35% donating the minimum cost of doing business of 49.00/yr.  Our goal was set at 35% again for the 2017 year.  The goal for R.A.F. is to get all Associations up to 17% or higher.  We were also provided with a breakdown and graphic reminder of how the funds that are donated to R.A.F. are disbursed and how the get used to protect our business and industry.  The second half of the meetings involved us all breaking out into groups and discussing ways that our local associations have built R.A.F. participation.  Many great ideas were discussed benefitting all as those in attendance can now take this info and impart it on the local associations.  Lastly, there was a discussion about the upcoming future events. 

For more info on the meetings view the link below.

Young Professionals Network (YPN):  YPN helps young real estate professionals excel in their careers by giving them the tools and encouragement to become involved in four core areas:
  • REALTOR® associations. Attend REALTOR® conferences and pursue leadership roles with their local, state, and national association.
  • Real estate industry. Take an active role in policy discussions and advocacy issues; be informed about the latest industry news and trends.
  • Peers. Network and learn from one another by attending events, participating in online communication, and seeking out mentoring opportunities.
  • Community. Become exceptional members of their community by demonstrating a high level of REALTOR® professionalism and volunteering for causes they feel passionate about.
During the 2017 winter business meetings, the C.A.R. YPN had another great forum meeting on Friday 01/27/2017 from 1:00 – 2:50 p.m.  The YPN also hosted a great networking mixer on Thursday 01/26/2017 from 8-11pm at Jackalope Ranch.

The Forum was jam packed with great information.  Carol Farrar of North San Diego County AOR is the 2016 chair along with Krista Knight of Central Valley AOR, and myself of PSAR as her vice chairs.  We started out the forum with some updates and what to expect in 2017.  The theme for the year “Engage Educate, & Elevate” was unveiled as well as our new C.A.R. YPN Logo.  This meeting was focused around the theme of Elevate.  We hosted a panel of past YPN presidents that have all moved up the ranks of YPN and into the ranks of association presidents.  The four panelists were asked several questions many surrounding how they got to the position, what challenges they faced, and a bit about them personally.  The panelists later in a format change were allowed to be replaced by other leaders in the crowd that have served as leaders as well.  It took shape and allowed folks to participate.  This was all recorded on Facebook Live for the first time ever.  The goal was to share this valuable info with as many as we could that could not physically be present.  We also had some great breakout sessions toward the end of the forum.  We were also blessed to have Jared Martin 2017 treasurer of C.A.R. and candidate for 2018 C.A.R. President Elect who also happens to be the first YPNer running for this highly coveted positions.  He spoke to us about moving up the ranks as well.  It was great for YPN to get to know leadership on such a meaningful level.  We all learned a lot and walked out ready for more.


Links to YPN:  Locally: http://www.psarypn.com/

Jeff Campbell
Assistant Regional Chair, Executive Committee, Legislative, Public Policy Forum, and Taxation & Government Finance

It is easy to see that C.A.R. President Geoff McIntosh is a bright and considerate leader. He shares all the ideals of his predecessors by deeply caring for the membership. He is unique in his passion for hearing from members who may not ordinarily speak up. He recognizes and empowers all segments of REALTORS®. Geoff is deeply committed to moving the needle of professionalism higher.
 
NAR president Bill Brown gave a stirring speech without notes. He reminded us that every tick up in Homeownership equals a tick up in GDP. He went on to say that Trump knows more than any other president about real estate. President Brown is
 
Big things are expected from C.A.R. YPN. Educate, Engage, and Elevate is there platform cry – Let’s see what they do with this year’s San Diego Expo.
 
The Legal Action Fund – Approved supporting the Santa Barbara AOR standing against Point of sale that includes a $465 fee. It is important to see not only what C.A.R. but also what they dynamically oppose. Legislation that passes in one county could set precedent and one day come to our county.
 
CAR.org has a whole new look. Joel Singer explained to me that the New Web front page tabs were developed by what people are looking at most often.
 
C.A.R. is looking at a Non-licensee category for pre-licensee membership. This is a good thing for local AORs to look at.
 
There are great things coming from the leadership of C.A.R. At the forefront of this new leadership is Region 30 which is PSAR. Half of our state directors have a leadership position/role. Region 30 has more appointed seats than the other San Diego County Associations combined. This is a tremendous testament to the strength and commitment of the REALTORS® you send to the state. Congratulations PSAR State directors!

Nikki Coppa
NAR Director Forum, Business Technology Forum, Forum on Forms, Strategic Planning & Finance, zipForm User Group

Three times a year, your Directors attend C.A.R. Business Meetings. We listen, we discuss, we debate, and then we take action on behalf of REALTORS® throughout the state of California. Meetings occur simultaneously throughout the first three days, so our Region is spread out to cover our assignments and report back to the group and our members.
The unique thing about the Winter meetings is that is gives us a glimpse of the issues we believe will gain momentum throughout the remainder of the year.

I have the honor to serve on the following committee and forums:
  •  NAR Director Forum
  • SPF (Strategic Planning & Finance) Committee
  • Business Technology Forum
  • zipForms User Group
NAR Director Forum Highlights –
  • Like the rest of the Nation, the National Association of REALTORS®® is preparing to see what the new administration may have in store for us. NAR Directors will be working diligently to protect certain rights and benefits for homeowners. The tax benefits such as the principal property deduction and the mortgage interest deduction are always items that are closely watched to be sure we are able to mobilize and advocate if unwanted changes are proposed.
  • Although nothing concrete has really come out yet, we are also closely watching the issue of privatizing the GSEs. At this point, there has only been a conceptual discussion, but it is something that NAR is keeping a close eye on.  
SPF (Strategic Planning & Finance) Committee Highlights:

I am honored to serve a three-year appointment on this incredibly dynamic committee. We meet for two days during the business meetings, then also meet three additional times during the year for brainstorming and construction of the budget and strategic plan. Below are the notes from the presentations we received in January:
  • REBS – Real Estate Business Services:
    • New Forms Tutor in zipForms Plus has been updated and vastly improved! The training in the tutor is approved by CAR Legal.
    • Starting this year, CAR is allowing you to take your Continuing Education online for FREE! They have Spanish classes as well. Once you sign up, you have 12 months to access and complete the package. See more here: http://www.car.org/education/licenserenewal/   
    • MLS-Connect in zipForms still is not widely used. This connects directly with Sandicor to import all of the property and listing agent information, which reduces the risk of errors. Click the button at the top of your zipForms window and check it out!
    • ZipTMS (Transaction Management System) has improved the Agent Dashboard. Time is money in our business, so being able to manage your transactions in zipForms AND export deadlines to your calendar can be quite handy! Check out the videos here: https://www.youtube.com/user/zipLogix
    • Evaluating a new App called Centriq. It is like a digital owner's manual. Take a picture of the thing in the house, enter the model number and it automatically downloads the owner's manual. You can even link it to your Amazon account to be able to reorder supplies with the touch of a button. It is available now through the developer for Apple, with Android promised soon. Check out more here: https://www.centriqhome.com/  
    • REALTORS® are not moving to mobile as quickly as expected. Surprisingly, less than half the REALTORS® are using e-signatures. Brokers don’t have to do the training, just go to the videos here: https://www.youtube.com/user/zipLogix
  • HAF Housing Affordability Fund – Great program that won’t last long! REALTORS® can fill out a form and send it in to get 6 months of HOA dues (or $2500, whichever is less) paid for their buyers! This is for first-time buyers (cannot have been on title to a home in the past 3 years), and cash buyers are excluded. You must submit the form within 30 days of close of escrow. Those are the highlights, but to get the form with all of the details, log in to zipForms, and click on the forms button. Then, in the upper right, click on the select library drop down arrow and select the HAF Housing Affordability Fund library. When the program rolled out, $500,000 was allocated. At the BOD meeting, another $500,000 was approved. This program is only available while the funds last.   
  • Joel Singer Update - We need to be very concerned about tax change policies. Federal changes are probable. Worry about financing. Federal changes will hit California hard. Anticipate a huge increase in taxes. Tax on services and split roll may come back to the table for the state to help mitigate the Federal losses. Housing stock is exchanging at 5% per year. Inventory continues to be shockingly low.
  • Strategic Thinking – An example of what this committee does. Small working groups have been assembled to determine how to deal with Mega Issues identified in the Danger Report.
    • Mega Issue: Masses of Marginal Agents Destroy Our Reputation
    • Mega Issue: Teams Deteriorating the Broker Structure
  • SPF Forum - The Economics of Housing Under the Trump Administration – Speakers were: Logan Mohtashami, Housing Data Scientist, and John Husin, Ph.D., Economist. Here were some of the key statistics and items of emphasis from the speakers:
    • Keywords...just relax!
    • Logan Mohtashami - US has a massive young workforce. 81.7% of Americans work full time. Job openings at 1.9M last year - world record. Our demographics are better than the rest of the world. Demographics very favorable for housing going forward. Slow process by the builders, but they will build. Building more single family than multi family. We are nowhere near the bubble peak yet. Supply is what dictates the change. Rental demand is moving, so there is no reason for investors to sell. That will change. Macroeconomics do not change because of the White House. Nothing President Trump can do to create a recession. Trump will not create a trade war. Manufacturing has been falling for 4 decades, and it accounts for less than 9% of the total workforce. Housing will get better.
    • John Husin - 2017 will be better than 2016. We are 5% above for jobs than we were in 2005 at the peak. Slow growth may be frustrating, but it is the more lasting thing. It means that you haven't done anything really stupid. Effectively, we are at full employment. Slack is coming from the least qualified workers. Trump speaks of massive increase in spending on infrastructure, reducing imports, and expanding exports. FED will have to hold the line on inflation. Although rates have gone up, they are nowhere near where they have been since 2000. Consumer spending has been quite aggressive. Business investment spending is weak, should change this year. Consumer confidence is sky high. Home sales are back to the late 1990s levels. CA up by 6.7% in job growth. Potential for higher interest rates, and with housing more expensive, it may dampen housing sales. Privatizing GSE - if it happens, all rates will act like jumbo rates. Lower down payments for qualifying homes, but not lower fees. Single family residential housing permits rising - but not enough. Still just don't have enough housing. More activity for attached homes. In expanded Bay Area, prices have almost doubled since the bottom. San Diego, not quite to the peak...but close…1.3% below the peak. $1.3M is the median price in San Francisco. Only 26% of people can afford the median priced home in San Diego. Families forced inland – In SoCal $603K is the median price, where the median price Inland is $300K. Save $300 to move inland. Houses in California are going to have to be retrofitted. 60% of homes are pre-1980. His full presentation can be downloaded at: Johnhusing.com
There are always things going on in our communities. Your Directors serve as your voice to notify C.A.R. and get their help or guidance when needed. If you have questions or concerns that you feel should be addressed, you need to let us know so we can take action. Please feel free to email me (nikki@callnikki.com) with concerns you feel need to be addressed at CAR. 

Sarah Heck

President of PSAR

Association President’s & Leadership Forum, MLS Policy


The CALIFORNIA ASSOCIATION OF REALTORS® is a trade association representing nearly 160,000 REALTORS® statewide.  Each year, PSAR appoints Directors from their membership to attend the C.A.R. Business Meetings.  Each meeting session is 4-5 days long.  It would be impossible for each director to attend all of the committee meetings.  So, we divide and conquer!  With quite a bit of planning, our Regional Rep makes sure we have full schedule coverage, and then at the end of each day, we meet back up as a group, to provide reports about the action items that came up in each meeting.  The days can be long, but the knowledge is priceless.


** WARNING…BRAG ALERT**

Sometimes I feel like a proud parent when I talk about PSAR’s region (region 30).  We are small, but we are mighty!!  Our region is highly respected at C.A.R. thanks to the many years of dedicated PSAR members who have served before us.  In fact, this year, 6 of our 9 funded directors (Regional Rep & President excluded) have been appointed by C.A.R. to chair or vice chair one of their committees!  That is an incredible ratio for the size of our association!


Attending my first of 3 C.A.R. Business Meetings as the President of PSAR did not disappoint.  Although our agendas during the spring meetings are lighter than usual, the networking, learning and sharing is abundant.  This year in addition to serving as the PSAR President and I look forward to attending as many committee meetings as I can at CAR.


As the President of our local association, I have the honor of attending the President and Leadership Forum.   During this early morning meeting, we are usually graced with a message from the current C.A.R. president, followed by a keynote speaker, or panel discussion.  The topics vary, but the relevance is always on point.  The intent of the meeting is to inspire current presidents to be the best leader they can. You will see full reports from each of our C.A.R. Directors regarding the committee meetings they attend.  If you have any questions or would like further information, I encourage you to reach out!  You can also log on to www.car.org to access meeting materials, agendas and position papers.  


Rick Hoffman Taxation & Regulatory Public Policy Committee State issues they report to Legislative Committee Federal issues they report to the Federal Committee From Legislative and Federal issues go to Executive Committee and if approved the issue goes to the full Board of Directors for a final vote. ACTION ITEMS

  1. REQUIRING LICENSING OF MANAGERS OF SHORT TERM/VACATION RENTALS? Group directed the committee to drop this.
  2. Allowing Home Inspectors to Also Perform Roof Repairs? Group directed committee to do nothing.
  3. New Requirements for License Applicants Who Repeatedly Take and Fail the Exam? That CAR sponsor legislation to limit the ability of an exam applicant for a real estate license to take and fail the exam more than two times in a row and require a three month waiting period prior to the next Attempt. This was passed by the committee.
  4. . FHA Reverse Mortgage and the Mutual Mortgage Insurance Fund. Should the FHA exempt Home Equity Conversion Mortgage loans (also known as reverse mortgages or HECM loans) when calculating the statutory minimum capital reserve of the Mutual Mortgage Insurance Fund (MMIF)?
    Motion: That CAR in conjunction with NAR support excluding HECM reverse mortgage loans when determining the statutory minimum capital reserve of the MMIF. This was passed. 
  5. Direction requested regarding the HOA doc fee. That CAR Sponsor legislation to impose a "hard cap" on HOA document charges consistent with the limitations on charges for documents obtained under subpoena.
    Failed. 
Reports: 
  1. GSE Update
    A.  CAR has asked the FHFA to allow Fannie Mae and Freddie Mac to finance properties with two structures on the same lot. CAR to maintain "Support" for this issue.
    B.  Mel Watt to stay on in his current role. CAR to Support.
    C.  CAR to support GSE reform making mortgages assumable.
    D.  CAR supports increase in Loan Limits.
    E.  Ben Carson no position. 
    F.  Condo Rule CAR supports the easing of the FHA condo rules so more HOA's can qualify for FHA financing.
    G.  Private Transfer Fee rule. CAR supports FHA policy mirror the GSE's policy.
    H.  2017 Loan Limits CAR supports higher loan limits. 
  2. PACE Lien Priority no sponsor identified only proceed if cosponsored. 
  3. Restore a separate Department of Real Estate. 
  4. Real estate law clean up 
  5. Companion Animals 
  6. HOA Document Disclosure Bill. 
  7. Ballot Pamphlet Notice time to challenge new taxes. 
  8. Notice to Homeowners about changes to property tax bill. Selected legislation of others. 
    1. Pool Safety bill Vetoed by Gov. Brown being reintroduced this year. Would add a point of sale requirement to add new safety features. Watch. 
    2. Patterson Bill License reciprocity bill Real estate licenses not pulled in yet....Watch 

Bob Olivieri

Region 30 Chairman, Federal, Affordable Housing, Nominating Committee


Federal Committee- Tax Reform seems to be the major focus of the Federal government as it relates to real estate. New tax laws are expected to hit congress this year with Mortgage Interest Deduction, Property Tax deduction and 1031 exchanges are all under the gun. Also, future of FNMA and FMAC will be addressed by the House Finance Committee , but are not “top” priorities.

Also, there was one action item and that was that we support NAR in push Congress to not include reverse mortgages when figuring FHA  reserve limits.

Affordable Housing- HAF has a program that will grant up to 6 months HOA payments to first time home buyers. The program is starting to pick up steam and gaining popularity. Therefore HAF put up an action item to the Board of Directors to allocate an additional  $500,000 more to the program. The action item was approved in the BOD meeting.


Norma Scantlin Housing Affordability Forum, Homeownership Housing Committee, Membership, REALTOR Action Fund The Winter Business meeting was held in Indian Wells. Member and Director Forum is a meeting held on the first day of the meetings to inform those in attendance of some of the highlights becoming important for the membership.

This year I will be representing PSAR on the following committees: Investment Housing, Home Ownership Housing (as Vice Chair), Membership, and Housing Affordability Fund. Additionally, I will be Key Contact to Assemblyman Randy Voepel.

Investment Housing Committee will be watching the legislative bills as they are formatted. There will be more information on upcoming bills that can be found on the C.A.R. website. During the open forum, a presentation was given by Robert Bloom, Esq. Highlights of the presentation were: Residential Environmental Handbook for Landlords to be given to tenants; Water Conserving Plumbing Fixtures (January, 2017); Unlawful Detainer Masking; Bedbug Disclosure; Criminal Screening; and Marijuana Law Update. One of importance to Landlords and Property Managers is the Bedbug Disclosure. As of July 1, 2017, all new tenants that a unit is rented to must be given a Bed Bug Addendum and all other tenants that are current tenants need to receive the form by January 1, 2018. Be sure to check out the Legal Q & A Briefs on the C.A.R. website.

The Home Ownership Housing Committee had discussion on the homeless population that is affecting all of California. There was one action taken regarding the Home Ownership Housing and it was that C.A.R. support AB 30 (Caballero) which authorizes local governments to create overlay districts authorizing by-right infill development.

The Housing Affordability Fund Committee met at the same time as the Home Ownership Committee but they did have an action item. It was unanimously voted that the HAF allocate an additional $500,000 towards a statewide (HOA) first time homebuyer program, which would grant either $2500 or 6 months of HOA dues, whichever is less, to consumers that would qualify under the program requirements and restrictions. The necessary form to use can be found in the Zipforms library. This is an excellent program for entry level buyers.

Membership Committee submitted 79 names to the Board of Directors for Honorary Membership in C.A.R. To receive this honor one must have been in continuous membership with C.A.R for 25 years and be 75 years of age. The nominees were approved at the Board of Directors. There were presentations regarding Zipforms and the new C.A.R. website. I also am the Key Contact to Assemblyman Randy Voepel. There was a meeting held for all the Key Contacts for the C.A.R. meeting in May at Sacramento. Anyone that may be interested in attending the meeting in Sacramento may check with the Board staff for the requirements to attend.

I also attended the Bureau of Real Estate Forum. Wayne Bell, Commissioner of Real Estate, stated that there would probably be the return of the Bureau of Real Estate to the Department of Real Estate. During this Forum, it was mentioned again that the Bureau was monitoring the MLO’s and property management offices. They gave some case studies of findings that have happened since our last meeting in Long Beach.

If you ever have any questions, please be sure to contact me. For more information regarding the meetings that were held in Indian Wells, please reference the online information at: http://www.car.org.


Lupe Soto
Global Real Estate Forum, Legal Action Fund Trustees, REALTOR Risk Mngt Legal Action Fund Trustees and Defense Strategy Advisory Committee
  1. Death Homes: The Malibu area is encountering challenges with homes being leased for assisted suicide. The question is how exercising the “right to end life” will affect the value and desirability of the property along with disclosure responsibilities of the Seller.
  2. E-mail hacking: Our industry continues to face very serious challenges with the hacking of agent’s email. It is highly recommended that you do not receive or email wiring instructions to your clients to avoid the problem. It is also highly recommended that you use a secured email when conducting your business.
  3. Live Stream Calling also known as “live cold calling” is becoming an issue. It is recommended that you use caution when doing this type of prospecting.
  4. Surveillance “Nanny” Cameras/Videos – issues with proper disclosure. Make sure that you are doing proper disclosure when using cameras and videos. Remember “Best Practices”- when in doubt, disclose, disclose, disclose. Inform your Sellers about their duty to disclose if they have recording videos while the Buyer and you are viewing the property.
  5. Chase Bank Electronic Signature Certification Form – avoid signing, but if required for funding, then sign the form and state the following under your signature: Signed to the best of my knowledge.
  6. Transaction Coordinators – the challenge continues to grow in our industry due to the lack of clarity as to what the coordinators should do and not do. The Bureau of Real Estate does not like Transaction Coordinators! Bottom line is that an agent is in breach of its fiduciary duties when he/she delegates its duties to a coordinator. Examples: coordinators writing up offers, counter offers, request for repairs, addendums, and so on. The client is counting on the agent being diligent and acting in the best interest of the client with all aspects of the real estate transaction. Agents are delegating their duties to a coordinator and many times the coordinator doesn’t even have a real estate license. We must keep in mind that the consumer is watching our behavior! This is one of the reasons why the consumer is now questioning our compensation. Why pay 6% of sales price when they could pay $300-$500 for a coordinator to take care of the transaction?
  7. Copies of reports – make sure that you ask the Seller if they have any reports that were given to them when they purchased the property or any inspection reports during their ownership. It is our duty to probe and help the Seller do their best in their disclosure duties.
  8. Breach of fiduciary duty – it is a must that you take time to review all disclosures with your Sellers and your Buyers. This issue is growing more and more because of electronic signatures. If asked, how will you client respond to this question- did your agent take the time to review your disclosure responsibilities? Did your agent take the time to review each disclosure document prior to you completing the form? The same questions apply to your buyers. How will you buyers respond when asked about the time you invested in reviewing their documents before signing?
The Legal Action Fund Trustees received 4 cases since the September 2016 meetings and approved filing amicus briefs on the following cases: BIA v. City of San Ramon. The building industry association petitioned to request a hearing before the California Supreme Court involving the imposition of a Mello Roos tax for general services. With unusual quickness, the California Supreme Court declined the hearing. City of Santa Barbara point of sale “zoning” and inspection report. The Trustees approved, subject to future funding approval, supporting the Santa Barbara Association of Realtors in challenging the requirement of a point of sale zoning report that includes an internal inspection for a $465 fee as a mandatory warrantless search of the homes. Case Update: Horiike v. Coldwell Banker. The California Supreme Court ruled that a salesperson representing the seller owes a fiduciary duty regarding disclosure to the buyer when the buyer and seller are represented by the same brokerage firm even though different salespersons represent the respective buyer and seller. The court help there is a duty to learn and disclose the material facts relating to the property. The court did not expand the duty into price or confidential issues. The case had an unusual procedural posture as the buyer stipulated that there was no liability for the buyer’s salesperson or the broker relating to the buyer’s salesperson’s activities. The matter will go back to the trial court to determine if the fiduciary was breached. Gill v. Aires. The California appellate court has ruled, in an unpublished decision, that the owner may maintain a slander of title action against a creditor or a broker who had filed a lis pendens against the owner’s property because she had retained the debtor broker for services. The broker was the son-in-law of the owner. There were 2 properties involved and a second property had a different procedural history including a claim of fraudulent conveyance which the court held was related to title and possession. As to that claim, the court had expunged the lis pendens but the record was not sufficient to allow the slander of title claim. So even though a split decision, the court still upheld the position that one may not file a lis pendens on a broker’s client based on constructive trust to collect a debt if it is unrelated to a claim to title or possession of a property. C.A.R. v. PDFfiller. C.A.R. sued PDFfiller for copyright and trademark infringement of its forms and name. PDFfiller counter claimed against C.A.R., REBS and zipLogix claiming the entities are trying to monopolize the market. C.A.R. has filed a motion to dismiss the antitrust claims and the hearing for the motion has not been set. Attempts at court supervised mediation did not result in a resolution. C.A.R. maintains that by PDF’s action of copying its C.A.R’s forms and tripping all password and other protections, is a violation of its copyrights and trademarks.




It’s a personal reason for serving on Charity Committee.

posted Mar 3, 2017, 3:27 PM by Joyce Evans   [ updated Mar 3, 2017, 3:29 PM ]

You may know mortgage veteran and PSAR affiliate Rhonda Beathard as a member of PSAR’s South County Charity Committee for the past three years. The volunteers serving on the PSAR Charity Committee evaluate and review requests from nonprofits in the community. Then, they select worthy charitable causes to support. The South County Charity Committee organizes PSAR annual “Zombie 5k Run-Walk” held in October. The event raises funds for South Bay Community Services’ transitional housing for former foster youth and homeless youth while they finish school or complete job training. 
 
But did you know that Rhonda, just a few days ago, was recalling a very traumatic event that happened 17 years ago this week? In fact, the awful accident that occurred on March 1st, 2000, is the reason why Rhonda serves today on the PSAR Charity Committee.
 
“My husband Mark, a California Highway Patrol officer, had stopped to help a young couple whose car broke down along Highway 15 and he was hit, there on the side of the road, by a drunk driver,” Rhonda said. “Mark was thrown about 30 feet in the air and suffered two broken legs and internal injuries. He eventually recovered after 10 separate surgeries and physical therapy every other day for two years. He later returned to work and then retired a few years ago from the CHP.
 
“But, in the weeks and months following that horrible, traumatic day, our family, including our two small children, was the beneficiaries of support from the CHP charity organization called the 11-99 Foundation (11-99 is the police radio code for “office down, officer needs help, extreme emergency”). They lent us a van with a wheelchair lift, which was huge at the time. It allowed us to get our lives back and travel around as a family to our kids’ youth sports activities. I will forever be grateful. It’s the reason why I’m committed to the PSAR Charity Committee. I want to give back because somebody gave to us in our desperate time of need.”
 
Rhonda was born and raised in a small town of London, Ohio (population 4,000). Fellow PSAR member Susan Carroll, recent recipient of PSAR’s South County 2016 Affiliate of the Year award, also has relatives from London, Ohio. “My grandmother and Susan’s grandmother together ran the kitchen at the London Country Club,” said Rhonda. “One of my jobs as a teenager was to work as a waitress with Susan’s grandmother.”
 
Six days after graduating from high school, Rhonda moved to San Diego to attend San Diego State University because an uncle, Dr. Glendon Drake, was serving as chairman of SDSU’s Linguistics Department at the time (Dr. Drake later served as Chancellor of the University of Colorado in Denver and as President of Walden University in Minneapolis). Rhonda graduated with a bachelor’s degree in public administration. While she still in college, Rhonda began her career in the mortgage industry with Home Federal Savings & Loan.
 
“I have worked at nearly every job in the mortgage business, including funder, underwriter, originator, regional operations manager with million-dollar signing authority,” said Rhonda, who recently joined Guild Mortgage Co.
 
For the past 20 years, Rhonda and Mark have enjoyed spending time at a vacation home in Baja California’s Laguna Percebu, located south of San Felipe. “As our kids were growing up, we had lots of fun with our four-wheelers and dune buggy. We’ve been going there since our daughter was age 3,” said Rhonda (today, their two children are ages 26 and 23).

 
A couple of trips to Mexico have included stopovers at Guerrero Negro in Baja Sur where gray whales migrate to give birth in the lagoons. “The mom whales love to show-off their babies and they love to get petted and a massage,” Rhonda said.
 
Rhonda plans to continue her service on the PSAR Charity Committee for many years to come. “Our Association is such a giving community,” she said. “Our members are active in supporting the community. The finest people in the real estate industry belong to PSAR.”

FREE Paper Shredding & Electronic Recycling Event

posted Mar 2, 2017, 9:10 AM by Joyce Evans

Don't miss this event! 
Thursday, April 13th, 10:00 AM - 1:00 PM
PSAR South County Parking Lot
880 Canarios Ct., Chula Vista, CA  91910

ACCEPTED SHREDDING
All Paper • File Folders • Hanging Files • Checkbooks • Magazines • Notepads • Envelopes

ACCEPTED ELECTRONICS
Computers • Televisions • Monitors • Hard Drives • Printers • Cell Phones • Power Supplies • Telephones • Mice • Cabling • Fax Machines • Stereos • Plasma Screens • Notebooks • Speakers • DVD Players • Car Batteries • Cords & Wires

NOT ACCEPTED
X-Rays • Can/Bottles • Food Wrappers • Thick Metal • Printer Cartridges • Corrugated Cardboard • Non-Recyclable Materials • Plastic • Kitchen Appliances • Light Bulbs

Thank you to our sponsors: 
      
    
   



New City Pitch!

posted Mar 1, 2017, 9:34 PM by Richard D'Ascoli   [ updated Mar 5, 2017, 8:49 PM ]

Start your business week in Real Estate off Right at PSAR's NEW "City Pitch" at Bash Boutique in North Park on Monday Mornings starting at 9 am.
  • Put deals together
  • Network
  • Get energized to gear up  for a productive week
  • Stay current regarding what's going on in the city marketplace
  • Have you been to a PSAR meeting?  Expect friendly people, a welcoming atmosphere, and energetic spirit and Realtors who are willing to help


Pitch listings and buyers to other Brokers and Agents
Share flyers and promotional material
Market open houses for that day or later in the week (not required)
In area pitches include the Zipcodes of: 92102, 92104, 92111, 92116 , 92123, 92105, 92115 &  92108.  Out of area pitches will be allowed as time permits.

How do I pitch? 
  • Bring 50 flyers by 9:15.  
  • PSAR staff and volunteers will assemble a consolidated list of properties to distribute right there at the meeting for you.
  • When you're called, you have 2 minutes to promote your listing.
  • Note, this is not a Broker Caravan, but agents are welcome to market broker opens on being held that day or in the future.
All REALTORS and all PSAR Affiliate members are welcome.

Agenda:
9:-9:30 Networking and refreshments
9:30-10:30 Pitch

PSAR service reps will be standing by to help with lock boxes, store items, and membership help. 

California Signs and Marketing Reps will take custom sign orders for free delivery to the following week's Pitch Session or delivery.

Where is it? Check out this great new venue (Bash Boutique) located at 3821 32nd St, San Diego, CA 92104

3821 32nd St





Thankyou Sponsors



















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