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2015 C.A.R Mee,ngs Indian Wells
C.A.R Director Reports
Becky Bowles MLS Policy
• That upon final approval by NAT, the CAR model rules by revised: • That it be made “in a manner readily visible to consumers but not less than 7 pt
type” (rather than no smaller than the average used elsewhere in the display) and that the new core language read as follows:
• All data, including all measurements & calcula9ons of area, is obtained from various sources and has not been, and will not be verified by Broker or MLS. All informa9on should be independently reviewed and verified for accuracy. Proper9es may or may not be listed by the office/agent presen9ng the informa9on.
• Create an excep,on to exis,ng print adver,sing rules by allowing automa,c permission-‐ subject to opt-‐out rights, aQribu,on & other enumerated restric,ons-‐ to adver,se the lis,ngs of others for printed Neighborhood Market Reports (Adver,sing appearing in newspapers, magazines or other classified forms not included in defini,on of “Neighborhood Market Report”)
• See Sec5on 12.8, 12.8.1 (a-‐c) Adver5sing of Lis5ng Filed with the MLS.
Dwayne Carrier
Zip Forms • Touch sign enables users to sign directly onto
tablets-‐no need to print! • Zip consult-‐member benefit to video conference!
• Zip form mobile now a member benefit (read free!)
• In 2014 91% of buyers used mobile device for transac,on. Up from 85% in 2013
Dwayne Carrier
Zip Forms • Mutually exclusive check boxes now available.
• Smart forms now ac,ve. If you check the box it will automa,cally add the form!
• Text overflow addendum will auto generate • Zapier now only $49 for CAR members. This allows you to sync your contacts directly to ZipForms.
• Visit Youtube for full training
Dwayne Carrier Standard Forms
• 40 Revisions: AAA, ABA, BIA, BUO, COP, CPM, CR, DM, ESV, HOA1, LCA, NBP, NSP, RCSA (DELETED), RR, TA TOC
• New: AOAA, RCSD, BCO, SCO, BDRD, SDRD, HOA2, HOA3, PRBS, PRMB, PRMS, RRRR, SPRP, TOAD
• Forms commiQee is working on beQer format for counter offer sequencing.
Dwayne Carrier Standard Forms
• A 1,2,3,4 or 1-‐1, 2-‐2, 3-‐3, 4-‐4 approach. Will have update in Sacramento.
• FYI-‐if you insert language into a pre-‐printed form, that language supersedes the pre-‐printed form.
• Independent Contractor Agreement is changed to add Paragraph 12. All brokers advised to resign with Agents.
Dwayne Carrier Land Use & Environmental
• SB32: Greenhouse gas reduc,on which expands AB32. The mo,on to oppose this failed in commiQee.
• SB37: State reimbursement of local flood control projects. Mo,on made to support this passed commiQee.
• AB758:Define “unreasonable and unnecessary” language at point of sale. Take no ac,on mo,on made and passed in commiQee.
Dwayne Carrier Membership
• 2014 RPAC-‐CAR 835k 113% of goal • 12% par,cipa,on rate at CAR for RAF • Drones are illegal for commercial use. Only one REALTOR is licensed for use with FAA.
• Safety of our members is top priority. Be careful in the field. Open House with a buddy!
Dwayne Carrier Global
• NAR has 84 partner Associa,ons around the world.
• CIPS is up 20% • Global economy is cooling so we must be aware of the outbound flow of capital from US market to La,n America especially.
• 2014-‐$92 million in foreign investment in US. • Average sales price-‐$396,862 • 60% Cash sales. • China, Mexico, Canada top 3 for CA.
Dwayne Carrier Bureau of Real Estate
• Career Compass is has been issued a cease and desist. • Trust Fund viola,ons s,ll lead viola,ons. • Broker supervision is being monitored • RES exams up 17% • Total licensees-‐402,758 • Applica,ons for Public reports down 10%, amendments, however, are up 41%
• License denials-‐183, Disciplinary ac,ons-‐588, Desist and refrain orders-‐72 and Inves,ga,ve audits-‐161
Jay Johnson Investment Housing
• Airbnb: Addi,onal clarifica,on to C.A.R Lease Agreement to be sublease prohibi,on crystal clear as it pertains to guests who use servies like Airbnb.
• Service Animals: DFEH announced plans to develop form for landlords. Should C.A.R. dran legisla,on.
• AB45: collec,on of household hazardous waste curbside, pending. • SB7 encourage conserva,on of water in mul,family rental buildings,
pending. • Property Management, Occupancy Standards: 2 per bedroom + 1. DFEH
released ini,al dran, pending. • Restric,on on Mul,ple Sales by Large Investors, No Ac,on, sent to
Transac,on and Regulatory. • First Look Program, No Ac,on, sent to Transac,on and Regulatory
Jay Johnson Commercial Alliance
• www.CaliforniaCommercialAlliance.us • AD now required for Commercial Sales and for Leases over 1 year. • Commercial Brokers growing in C.A.R and want beQer Standards of
Prac,ces for the commercial prac,,oner. • Commercial Agents welcome Residen,al Agents. • PRP Commercial Available • Land Designa,ons. • 1031 Tax Benefits con,nue to be watched. • Exchanging out of state. • SAR Commercial (Smart Agent Rewards). 50 basis point referall on loans
$200,000 or more. • www.smartagentrewards.com/commercial-‐real-‐estate-‐broker.aspx • [email protected] 303-‐919-‐0309 • Na,onwide, except AZ
Jay Johnson, Sherry Picazo-‐Cowie Educa5onal Services Advisory
• Educa,on Founda,on for Designa,on reimbursement. • Scholarship Founda,on – 3 awarded at 2014 Spring Mee,ng for $1,000.00
each. • Informa,on can be found: www.car.org/aboutus/ • Discussion on Associa,on Educa,on, what’s working? • Mission Statement • The commiQee serves in an advisory role to assist in mee,ng the
objec,ves of the Educa,on and Training Services Business Plan. This commiQee will advise the staff on poten,al new programs to research that provide ,mely and legally correct educa,on products to real estate professionals.
Jay Johnson Member Legal Services
• Retain emails with substan,ve informa,on. Texts/Tweets not required.
• Sick Days for employees: 30 days worked = 1 hour sick pay aner 90 days of employment.
• Team Names Approved – Follow the rules. • HOA Document Delivery – Fee Line items for each document. • Tenants Personal Agriculture on ground floor units. • Cal BRE requires a valid email address for every agent. • An, bullying Training for Supervisors/Managers with 50+
employees/agents every 2 years. • FHA to allow some esign, keep an eye out. • Update to Independent Contractor Agreement in Zip Form. • RPA 14G Cancella,on and Release of Deposit
MaQhew Cowie Realtor.com
• News Corpora,on acquired Move in 2014. • The core benefits are same and it promotes REALTORS®, no FSBO. • Realtor.com is now on the Wall Street journal website which allows more
exposure, more awareness, more consumers & more quality connec,ons. • Realtor.com audience has changed to younger buyers. 1/3 of users in the
25-‐35 year old compared to 1/4 a year ago. • Realtor. Com added value by improving contact ability. It makes leads
validate their info (phone number and email etc...) • There are also new realtor.com agent profiles. • Claim your .realtor domain site which has a free webpage design
MaQhew Cowie, Jay Johnson Public Policy Forum
• FHA Commissioner Binian Gebre spoke in an open forum: • The Capital reserve is designed to be used as a buffer and it did that when the
market crashed. There are clear signs that FHA has bounced back and is recovering
• FHA took premiums down to make things more affordable at the same ,me not going too low where they put themselves in jeopardy
• FHA was meant for sub standard credit. Manual underwri,ng that they allow for compensa,ng factors. Challenges will be innova,ng new ideas and policies. FHA is not compe,ng against Fannie or Freddie
• Condo financing; in the process of rule making. Generally speaking he said it is a very important issue. Condos create great opportunity for people buying that can't afford a SFR. Cannot comment further due to "rule making“
• Revamp NAID’s program: Name Address Iden,fica,on Number
Jim Franklin/Sherry Picazo-‐Cowie Legisla5ve CommiQee/Land Use-‐ Environmental
• Supermajority Amendment-‐Should the law be changed so that proposi5ons amending
state cons5tu5on must be approved by a supermajority of the voters rather than a simple majority vote?
• The Legisla,ve CommiQee voted that they would sponsor legisla,on that would require
amendments be approved by a 55% supermajority of the voters. • Seniors: Parcel Tax Exemp5on-‐Should the available exemp5ons from parcel taxes be
clearly iden5fied on property tax bills? • The Legisla,ve CommiQee felt that since a majority of the parcel taxes have taxes that were
levied by Proposi,ons passed using the senior popula,on to vote on passing them that they should have clearly iden,fied exemp,ons listed on the property tax bill so that they could take advantage of the tax break afforded to them. Therefore, the commiQee would sponsor legisla,on to clearly iden,fy parcel tax exemp,ons on the property tax bill with a working phone number or website to obtain the informa,on.
Sherry Picazo-‐Cowie Legisla5ve & Land Use Environmental
• SB 32 – Green House Gas Reduc5on Goals-‐What posi5on should C.A.R. adopt, if any, on SB 32 (Pavley), a bill that seeks to further reduce GHG emissions by an addi5onal 80% below 1990 levels by 2050?
• The Legisla,ve CommiQee voted to support this bill. • The Land Use & Environmental CommiQee voted to watch this bill • SB 37 – State Reimbursement of Local Flood Control Projects-‐ • What posi5on should C.A.R. adopt, if any, on SB 37 (Nielsen), a bill that seeks to
authorize local government reimbursement for local flood control projects ini5ated under the Early Implementa5on Project program?
• The Legisla,ve CommiQee voted to support this bill. • The Land Use & Environmental CommiQee voted to support this bill.
Sherry Picazo-‐Cowie Legisla5ve & Land Use Environmental
• SB 758 – Energy: energy audit • • Should C.A.R. introduce legisla5on to amend exis5ng statutory language to define what
“unreasonably or unnecessarily” affects the home purchasing process? • • SB 758 (Skinner & Bass) states that and Point of Sale (POS) mandates regarding energy efficiency
will “not unreasonably or unnecessarily affect the home purchasing process”. This bill was passed in 2009 to require the reduc9on of energy use in exis9ng housing. The debate is the issue of what is considered to be “reasonable and necessary”.
• Alex Creel, C.A.R.’s Sr. Vice President of Governmental Affairs & Chief Lobbyist spoke at length to
both the Legisla,ve and Land Use & Environmental CommiQees and informed the commiQees that C.A.R. had already taken a posi,on a few years back and was defeated. He suggested that at this ,me C.A.R. should take no ac,on because if it does, the same people that are in office for 12 yr terms will remember that we have already brought issue up with this bill and because we were defeated, it was likely that we would be defeated again. His sugges,on was to wait and see what the poli,cal climate is in 2016 and try then. Both commiQees voted to take no ac,on at this ,me.
MaQhew Cowie Risk Management & Consumer -‐Protec5on
• Keep records for 3 years. Keep all correspondence. Does not apply to text, tweets or instant messages
• Commercial or land requires agency disclosure on anything over a year • Team names. If realtors in the same company want a team you do not need BRE
approval. Has to have one of the team members name. Every piece of marke,ng must have one of the full names of the agent as well as all of the broker info. An individual can apply for a fic,,ous name with broker approval. Same terms as previous. Form 247
• HOA. Exclusive use easement (balcony). Who has to fix? Unit owner maintains but HOA must make repairs.
• Landlords cannot prohibit tenants from growing personal fruits or vegetables as long as they are in pots and not blocking driveway. This applies to ground floor only. Does not apply to marijuana
• 1031 exchange. If last year you did 1031 last year and you bought outside of California, you have to file an informa,onal tax return form every year. Form 3840
• Do not have to disclose past appraisals to new buyers but you DO have to disclose past inspec,ons
Davina Lara Associa5on Execu5ves CommiQee
• New Benefits for 2015 – zipforms Mobile • zipForm® Mobile features:
– Property photos included from zipFormMLS-‐Connect®
– Send documents for electronic signature – Link to addi,onal zipVault® documents – Create new transac,ons – Apply templates – Edit, view, email and fax forms – View in Form View on tablets such as the iPad
– Access to mortgage calculator – Highlight language on the forms
Davina Lara Associa5on Execu5ves CommiQee
• New Benefits for 2015 – Client Direct
• Generate More Leads with C.A.R.’s FREE e-‐Mail NewsleQer!
• FREE for California REALTORS® • Keep Your Clients in the Know • Personalized and Professional • Expand Your Referral Network • Not a ‘Techy?’ It’s Easy to Set Up and Send Out!
• Your Photo & Contact Informa,on • Ac,ve Links to Your Personal Web Page • Real Estate News & Info • Real Estate Q&As • Special Topical Sec,ons
