posted Mar 7, 2017, 2:45 PM by Joyce Evans
updated Mar 7, 2017, 4:51 PM by Sally Valdez
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.
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!
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 (email@example.com) with concerns you feel need to be addressed at CAR.
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.
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.
- REQUIRING LICENSING OF MANAGERS OF SHORT TERM/VACATION RENTALS? Group directed the committee to drop this.
- Allowing Home Inspectors to Also Perform Roof Repairs? Group directed committee to do nothing.
- 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.
- . 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.
- 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.
- 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.
- PACE Lien Priority no sponsor identified only proceed if cosponsored.
- Restore a separate Department of Real Estate.
- Real estate law clean up
- Companion Animals
- HOA Document Disclosure Bill.
- Ballot Pamphlet Notice time to challenge new taxes.
- Notice to Homeowners about changes to property tax bill. Selected legislation of others.
- Pool Safety bill Vetoed by Gov. Brown being reintroduced this year. Would add a point of sale requirement to add new safety features. Watch.
- Patterson Bill License reciprocity bill Real estate licenses not pulled in yet....Watch
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.
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.
Global Real Estate Forum, Legal Action Fund Trustees, REALTOR Risk Mngt
Legal Action Fund Trustees and Defense Strategy Advisory Committee
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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?
- 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.
- 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?