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Part 5 - Reports from California Association of REALTORS® Board of Directors Meetings January 16-19, 2018

posted Feb 28, 2018, 4:55 PM by George Ching   [ updated Mar 5, 2018, 2:28 PM by Joyce Evans ]
Jeff Campbell

Jeff Campbell, 

Past PSAR President, 
Former C.A.R. Executive Committee
C.A.R. Region 30 Chairman

Dear Fellow REALTORS®,

As your C.A.R. chairman of Region 30, I am proud to introduce to you Mike White and Jan Farley. Their reports conclude our Q1 C.A.R. meeting reports. I hope you found the format of these reports informative and easy to digest. 

Should your office like a CAR Statewide update, please notify us and we will be happy to have a director come to your meeting to offer a brief rundown of issues at hand.

Jan Farley currently serves as Director of Membership, Women’s Council of Realtors, San Diego, was former 2017 District 5 Vice-president, Women's Council of Realtors California and 2016 President, Women's Council of Realtors, San Diego County.

Michael Richard White started working in Real Estate when he was 18. In 2015 he was selected as the Pacific Southwest Association of Realtors "REALTOR® of The Year". He has worked as an agent and has worked in a mortgage broker's office.  He has owned and sold my own homes.  He has that personal experience to relate to my clients. He assists home sellers with marketing and transferring their property using our MLS, Social Media, and E-marketing. He likes assisting home buyers with their search for property and the acquisition process. He has experience with urban and rural residential properties, land, commercial, and government-owned properties.

His background outside of Real Estate includes studying Mechanical Engineering and working as an IT Consultant and IT manager. He currently sits as Chair of the Pacific Southwest Association of Realtors Technical committee where he helps educate other Realtor on technical matters that affect our business and he advises the Association on technology issues. He also sits on the Regional MLS Technical committee and sits on several of the California Association of Realtors technical committees.


Jan Farley, 
CAR Director, 
2018 PSAR President


This report summarizes action items and information I felt was important that I learned at the C.A.R. Winter meetings.

The whole experience was really full of great information, and making new contacts, and I am grateful for the opportunity to have been a part of it.

TUESDAY

LAND USE & ENVIRONMENTAL DIRECTION REQUESTED

PROPOSITION NUMBER PENDING: SB 5 (Chapter 852, Statutes of 2017), De León. California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018. – Tim Brigham, Chair

Summary:  This ballot proposition was passed by the Legislature in fall of 2017 to qualify for the November 8, 2018 General Election Ballot. The measure authorizes $4 billion in general obligation bonds to fund a variety of items, including water projects, combating climate change, expansion of outdoor activities for disadvantaged communities, flood control and coastal protection projects in various areas of the state. It also redirects $100 million in previously authorized funds for unissued water quality, supply and infrastructure bonds related to Proposition 40 (2002), Proposition 84 (2006), and Proposition 1 (2014).

VERY LITTLE of these funds are actually allocated for water storage or conservation.

VOTED TO TAKE AN OPPOSITION POSITION

SB 49 (De Leon) California Environmental, Public Health, and Workers Defense Act of 2017 – This bill would codify the federal Clean Air Act, the Clean Water Act, and the Endangered Species Act and the implementing policies and regulations into California law to prevent any future changes to those laws from taking effect in California. This bill directs regulatory agencies to impose and enforce standards preemptively. The bill also creates a new private right of action for the Clean Water Act and Endangered Species Act. This action is only created if the federal government rescinds the current citizen suit provisions in these laws.

Position: Oppose

Status: Assembly Rules Committee
HORRIFIC BILL - everyone should email their representatives

Public Policy Forum
If there are prior disclosures from a previous transaction, they must be shared with the new buyer.

DocuSign is becoming an issue.

Appointing a manager:  be accessible

Teams: other states are having team leaders register as a team leader.
Abdicating transactions to another yet signing all the documents.

Social Media:  Off market listings: Pre-listing issues - Potential for fair housing issues (who is seeing it and who is it hidden from). Liability from a seller not getting enough money.

WEDNESDAY

Local Government Forum

Success in defeating rent control issues in Pacifica, and San Mateo County.

Lawsuits about the point of sale inspections in Santa Barbara and Pasadena.


LEGISLATIVE

THURSDAY

Risk Management

Granny Units:  be cautious about how they are represented. Make no representations about whether it is permitted or zoned properly. Can say “seller represents”

Seasonal creeks DISCLOSE

Water Intrusion and Drainage - if an agent recommends an inspection and buyer doesn’t want to spend the money, email buyer advisory back to the buyer and ask them to read and then decide.

ROOTS: Plumbing, septic or sewer issue.

FLIPPING- 80% of cases are a failure to disclose. 60% relates to a flipped property. They often don’t have permits and non-contractors are used for the work. WE NEVER CHECK PERMITS!!! Only the clients!

BUYER MATERIAL ISSUES DISCLOSURE: Can be a very useful form. Buyer can write down something that may be an important issue for them.

AGENT TROUBLE AREAS:

Buyer purchasing sight is unseen, especially in hot markets. Leads to deposit disputes.

DEPOSIT DISPUTES: between buyer and seller

Verifying buyers ability to purchase:

PARTIES SIGNING FOR EACH OTHER: Use verification of electronic signature form for DocuSign especially when there is only one email account for two people.

Transmitting key documents via DocuSign: knowing when and how to communicate distinguishes a good from a great agent. SOME DOCUMENTS should be very carefully sent. Send a blank RPA or send the filled out one first before sending the signatures.

HANDLING EMAILS AND TEXTS: texts/emails that pertain to the property belong in the file. FIND A WAY!!

BURGLARIES DURING SHOWING - people distract the agent. Advise the seller not to leave things out that can be attractive to steal.

SOCIAL MEDIA: no negative comments about properties, agents, etc.

SECURITY CAMERAS: Privacy issues, ask! Put it on the MLS to advise that they are there. Tell buyers not to discuss the house in the house. Landlords should not have security cameras in the house. Disclose the existence.

FIRE COVERAGE: Big concern. Have buyer check early

BRE UPDATES - property management is the biggy. IT WILL BE AUDITED! 


GOV Hutchinson

Listing agreement has a paragraph instructing the seller to put up a sign warning others about cameras.

Recreational Marijuana. Allowed to have 28.1 grams. Allowed to grow 6 plants per person over 21. Not allowed to smoke outside or grow outside unless not visible to the public. Landlords can prohibit the presence of it on their property. Can HOAs prohibit? No cases yet.

Special Rules for Signs:  All for sale & rent signs have to have the brokerage identified without a license number. Personalized signs have to have a license. Open house/directional signs can be generic unless personalized with agent identity. Local sign ordinances supersede DRE rules. Team names can be no larger than the company name, can’t be on top. Never need to put the Broker license number, just the identity. Even if you are the sole proprietorship.

Pools have to have one of 7 safety features. Now, it will have to have 2 features, and home inspectors will have to inspect.

HOA cannot prohibit us from putting solar on the roof of our unit.

HOA can’t prohibit meetings to discuss the HOA.

5 or MORE EMPLOYEES:  You cannot ask a prospect their criminal records. Can’t prevent you from hiring them unless the conviction pertains to the type of employment.

CANNOT ask a salary history if you have ANY employees.

NEW ADU law that further extends the guidelines more liberally.

PACE: new disclosures and regulations

REMEMBER do not give tax advice on new tax changes. There are resources you can give from C.A.R.

SPF FORUM

Tax reform: Joel Singer doesn’t see a lot of impact on the low or high end of the market, but in the middle range up to 1.5mil. Does not stimulate the desire to buy.



Michael White

Michael Richard White,
CAR Tech Liason,
PSAR Tech Committee Chair


I learned from the zipFoms Open Forum that the following forms are discontinued due to lack of use:

NHD Form; as this is replicated on our NHD reports.

Required Supplemental Property Tax Form; Similarly, this is replicated on our NHD reports, however, there was a discussion about retaining this form.

MS Mortgage Loan Disclosure Statement; Use government form instead.

CAR is really pushing 2-factor verification for login. I pointed out there are instances where there may be no cell service, what was the fallback then? CAR will work on this. 

From Legal Affairs forum I garnered the 5 most common CAR violations in no particular order:

  1.  Allowing unlicensed persons to conduct Licensed Real Estate activities
  2. Soliciting a Seller who already has an Exclusive Listing with another REALTOR
  3. Concealing or misrepresenting pertinent facts about a property
  4. Providing unauthorized access to listed property
  5. Advertising claims
Our members should be advised to take special care in these areas. 

Again, I found it interesting that some of the issues are affecting Directors from other Regions, such as rent control in San Francisco and Los Angeles, as this may eventually affect our market. Legal Marijuana was discussed in several groups. I enjoyed the impromptu panel discussion in the Expert Witness training. Had a great time re-connecting with my peers at NSDCAR at our Regional dinner. 


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