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      MARCH 2010    

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 From The Desk of Bob Hunt
 
NAR 2010 Issues Conference


Only in America!

More
March 2010
 
 
 
Median Price Can be Misleading


  I like good news as much as anybody; but, as a real estate agent, I know that what appears to be good news can often mislead people who have to make decisions about selling their property. 
More
March 2010
 
 
 
New Rules for Mortgage Loan Advertising


  A recent memo from the legal department of the California Association of Realtors® has brought to our attention some changes in rules for advertising mortgage loans. 

More
February 2010
 
 
 
Realtor® Association Expands Anti-Discrimination Policy


   Realtors® oppose sexual orientation discrimination
More
February 2010
 
 
 
Realtors® Co-Sponsor Foreclosure Prevention Workshop


   On January 23, 2010, the Orange County Association of Realtors® in   association with the Orange County Home Ownership Preservation   Collaborative and the city of San Juan Capistrano will conduct a foreclosure prevention workshop. 
More
January 2010
 
 
 
CAR opposes FHA Anti-Flipping Rule


   

Realtor® Organization Opposes FHA Anti-Flipping Rule

More
November 2009
 
 
 
Loan Modification Scams are Targeted


   Loan Modification Scams are Targeted
More
November 2009
 
 
 
Does Print Advertising Have any Effect?


   What Good Does Print Advertising do? 
More
October 2009
 
 
 
Time Running Out for First-time Buyer Tax Credit


   Time is Running Out for First-time Buyer Tax Credit   
More
October 2009
 
 
 
Strategic Defaults May be On the Rise


   

Strategic Defaults: When Homeowners Walk Away From Mortgages They Can Afford

More
September 2009
 
 
 
Commission Upheld in Short Sale Scenario


   

Court Rules Against Lender's Attempt to Cut Commission During a Short Sale

More
September 2009
 
 
 
New Rules for Loan Disclosures


   

New Loan Disclosure Rules May Cause Escrow Delays



 

 

More
August 2009
 
 
 
Bottom of The Market


   There is more than one "Bottom" to the market
More
August 2009
 
 
 
Secondhand Smoke May be a Problem for Landlord


  Must landlords prevent the presence of secondhand smoke                        
More
July 2009
 
 
 
Realtors Now Have Their Own Credit Union


    Realtor Credit Union Attuned to Members' Special
   Circumstances

More
July 2009
 
 
 
New Law Helps Tenants in Foreclosed Properties


 

 Tenants In Foreclosed Properties Will Benefit From
New Federal Law


More
June 2009
 
 
 
Watch What is Said on Your Blog


   Ethics Rules Apply to What is Said on Blogs

More
June 2009
 
 
 
Calif. Bill Would Prohibit REO Sellers From Requiring Certain Service Providers


   

California Legislation Aims at Practice of REO Sellers Requiring the Use of Specified Title and Escrow Providers

More
May 2009
 
 
 
Many Agents Prefer Social Norms for Their Business Part II


   

Agents Sometimes Choose to Conduct Their Business According to Social Norms

More
May 2009
 
 
 
Social Norms Have Value in a Real Estate Office


    Emphasis on Social Norms Will Help Brokerages in the Long Run
More
May 2009
 
 
 
HOA Decisions are Subject to Limits


   

HOA Directors Have Great Authority, But It Is Not Unlimited

More
April 2009
 
 
 
Sales Statistics Don’t Tell All


   

Sales Statistics Don't Tell the Whole Story

More
April 2009
 
 
 
White House Plan Raises Questions


 

 White House Plan For "Responsible Homeowners" Leaves You Wondering


More
March 2009
 
 
 
Realtors® Could Learn from Predictably Irrational


 

 Buyers, Sellers and Agents are All Predictably Irrational


More
March 2009
 
 
 
Department of Real Estate Proposes Fee Increases


 

Unlike many state agencies, the California Department of Real Estate (DRE) is not supported by the state’s general fund.    In the case of the DRE, the bulk of the money it brings in is from the issuance of new and renewal licenses and from fees charged for the administration of licensing examinations.

 

More
February 2009
 
 
 
FNMA Announces New Policy For Renters In REO Properties


 

       Fannie Mae Announces
          New Policy For Renters In REO Properties

More
February 2009
 
 
 
Landlord Liable for Tenant as Agent


 

        Landlord May be Liable for Tenant Who Does
Work on the Premises

More
January 2009
 
 
 
Homebuyer Survey Contains Valuable Information


 

Homebuyer Survey Contains Valuable Information
 for Agents and Sellers
 




More
December 2008
 
 
 
SB 1137 Addresses Foreclosure Problems


 

 New California Law Addresses Various Foreclosue Problems



More
December 2008
 
 
 
Defaulting Buyer Owes Commission Under Buyer-Broker Agreement


 

One reason that brokers and agents like buyer-broker agreements is that the buyer’s agent knows up front what level of commission he or she is working for.  With a buyer-broker agreement a buyer’s agent is not hesitant to show property where the seller may be offering a low commission or even no commission at all.   

More
September 2008
 
 
 
When is Listing Agent Owed a Commission?


 

 Listing Agent May Be Owed Commission Under
Various Different  Circumstances

More
September 2008
 
 
 
Legislation to Protect Tenants in Foreclosed Property


    

Legislation Aims to Protect Tenants
in Foreclosed Properties

More
August 2008
 
 
 
How to Prevent a Bubble


   

Yale Professor Proposes Program to Prevent Future Bubbles

More
August 2008
 
 
 
What if the Same Company Represents Competing Buyers?


More
July 2008
 
 
 
Does One License Fit All Activities?


Does one size fit all when it comes to Real Estate Licenses?More
July 2008
 
 
 
Realtors® Push Back Against Negative News Spin


  Realtors® Seek to Balance News Coverage

 

More
July 2008
 
 
 
NAR Adopts Rules For Disclosure of Short Sales in MLS


At the recent mid-year meetings of the National Association of Realtors the Board of Directors
adopted new policy regarding the disclosure of short sale listings in a multiple listing service data base.

More
June 2008
 
 
 
New Form Advises on Sale of Foreclosed Properties


 

New Form Points Out What's Required, What Isn't In Sale of Foreclosed Properties.

 

More
June 2008
 
 
 
CAR Opposes Point-of-Sale Energy Audit Legislation


California Realtors® Oppose Requirement for Energy Audits at Time of Sale.

More
May 2008
 
 
 
How Can an Agent Find a Good Company?


New agents should look for good companies – ETHICALLY good companies.

More
May 2008
 
 
 
Postdated Listing


More
April 2008
 
 
 
California Tax Assessment Appeals



Tax Assessments can be Appealed,
but Must be done Correctly

More
April 2008
 
 
 
Trivial Is In The Eye of The Beholder


Pity the poor California landlord who must anticipate what a court might say about possible defects on his or her premises.  More
March 2008
 
 
 
NAR Ethics Videos Now Available


Videos Will Help In-Office Ethics Training

More
March 2008
 
 
 
Court Ruling Excludes Irrelevant Evidence Against Agent


Real estate agents and brokers who are not perfect should be pleased by a ruling from California's Fourth Appellate District Court of Appeal in the case of Ulloa v. McMillin Real Estate.

More
February 2008
 
 
 
Realtor® Associations Set Agenda For Coming Year


Newly elected and appointed directors and, often, committee chairs receive orientation to the associations' overall operations, recently it was my privilege to participate.  More
February 2008
 
 
 
Surveys Give Agents Good Scores on Ethics


Home buyer and seller surveys give agents good scores on ethics!

More
January 2008
 
 
 
Short Sales May Take a Long Time


C.A.R. form reminds of short sale pitfalls.

More
January 2008
 
 
 
2007 NAR Homebuyer Survey


Sellers and their agents should pay attention to Homebuyer Survey.

More
December 2007
 
 
 
HOA Transfer Fees Can be High


HOA transfer fees may be high, but the law does not limit them.

More
November 2007
 
 
 
Lease Options Require Some Care


Lease options are back:PROCEED CAREFULLY

More
November 2007
 
 
 
No More Moral Turpitude Requirement


Moral Turpitude No Longer A Requirement For License Revocation

More
September 2007
 
 
 
HOA Rules May Override Free-Speech Rights


Do Homeowners who live in a common interest development and are subject to CC&Rs and rules adopted by the HOA give up their rights of free speech?

More
September 2007
 
 
 
No False Statements Doesn’t Mean No Criticism


Realtor code covers false statements about competitors…

More
August 2007
 
 
 
Median Price Increase in a Declining Market


Lack of entry-level buyers may explain rise in median price.

More
August 2007
 
 
 
Short Pay Addendum is Sign of the Times


Short Pay Addendum Provides a Wake-Up Call

More
July 2007
 
 
 
Client Confidential Information


Agents Have Obligations To Honor Client Confidences

More
July 2007
 
 
 
Late Fees for Rental Payments


Late Payment Charges Cannot Be PunitiveMore
June 2007
 
 
 
Agent Visual Inspection Form


Agent Visual Inspection Form Will Probably Change PracticesMore
June 2007
 
 
 
NO SUCH THING AS REAL ESTATE ETHICS?


If it is true that ethics in business and ethics in everyday life are the same, it is legitimate to ask, why are codes of professional ethics sometimes so complicated?

More
May 2007
 
 
 
There's Plenty Of Puffery on These Pages


Generally, we expect to encounter truth when we read the newspaper, but not so much when we get to the advertising parts.  Especially, sad to say, in the real estate section.More
May 2007
 
 
 
Too Much Disclosure?


The typical California residential transaction generates 18 disclosures and advisories comprising 37 pages.  Single-spaced, of course...More
April 2007
 
 
 
Counter Offer Is A Rejection Of The Earlier Offer


A counteroffer is a rejection of the offer (or a previous counteroffer) to which it is a response.  This is an important point for sellers to remember in this "normal" market in which we now find ourselves. 

More
April 2007
 
 
 
Private Transfer Taxes Ought to be Disclosed


Private Transfer Taxes Ought To Be Clearly Disclosed

More
March 2007
 
 
 
False Credentials Claim Can Lead To License Loss


Regrettably, resume padding is not all that uncommon in our society.

More
March 2007
 
 
 
Purchasing From A Seller In Default



If The Seller Is In Default, Buyers Need To Be Careful
! 

More
March 2007
 
 
 
Internet Provider not Responsible for Discriminatory Ads


CRAIGSLIST Not Responsible For Discriminatory Ads Placed By Users

More
January 2007
 
 
 
Why do Agent Homes Sell for More?


Suppose that homes owned by real estate agents tended to sell for more than homes owned by non-agents.  What would explain that fact?

More
January 2007
 
 
 
Social Scientists Analyze MLS Listing Remarks


Social Scientists Look At the Effect of Agent Remarks

More
January 2007
 
 
 
Mortgage Fraud is a Continuing & Growing Problem


Mortgage fraud was a BIG problem in the past, you may be surprised know that it is an even BIGGER problem today. 

 

More
December 2006
 
 
 
Realtors® Warned on Do Not Call Procedures


Real Estate Brokerages Need To Review Their Do-Not-Call Policies!

More
December 2006
 
 
 
CAR Adopts Ethics Advocate Pilot Program


Realtor® Association Takes Steps to Expedite Ethics Enforcement Procedures.

More
November 2006
 
 
 
New Law Provides for Alternative Withholding


NEW LAW WILL EASE WITHHOLDING BURDEN FOR SALES OF NON-RESIDENCMore
November 2006
 
 
 
How Bad do You Have to be to Lose Your License?


You have to be really bad to lose your real estate license. More
November 2006
 
 
 
BEWARE THE FAUX BUYER


Pretend Buyers can Wreak Havoc  ...More
October 2006
 
 
 
HUD SHOULD CONSIDER “BROKEN WINDOWS” THEORY


Regulators and investigators for HUD  might do well to consider the "broken windows" theory of policing when it comes to overseeing compliance with RESPA.

More
October 2006
 
 
 
BILL WOULD ELIMINATE CONDITIONAL LICENSE


The California state legislature recently passed Assembly Bill 2429 (Negrete McLeod).  If signed by the Governor, effective October 1, 2007, this bill would eliminate what is known as the conditional real estate sales license.More
October 2006
 
 
 
ONCE MORE, LEGISLATURE REQUIRES 60 DAY NOTICE


 

They're at it again .....

More
September 2006
 
 
 
Ethics Rules May Apply to Non-members



Association ethics rules may apply to those who are not members.

More
September 2006
 
 
 
When Sellers Leave a Mess


.... the seller has moved out, the buyer is ready to move in But when the buyer arrives he discovers that the seller has left behind a dumpster load of unwanted junk ....More
August 2006
 
 
 
FIRPTA Requirements Bother Some Sellers


FIRPTA rules can cause escrow glitches ...

More
August 2006
 
 
 
NAR TO DEVELOP ETHICS TRAINING MODULES


At the mid-year meetings of the National Association of Realtors®, directors approved a budget augmentation for the purpose of developing twenty 4-6 minute videostreamed training modules discussing ethical principles.  More
July 2006
 
 
 
THERE ARE PLENTY OF REAL ESTATE AGENTS TO GO AROUND


Last year the State of California was turning out newly-licensed real estate agents at the rate of slightly more than 5 per hour. This year the rate is even higher!More
July 2006
 
 
 
THE PROGRESS OF A LISTING SHOULD BE REVIEWED EARLY ON


Here's a concept. At the outset of a listing the seller and the agent ought to agree to review the listing's progress, and to consider reducing the price and/or making other changes, within a fairly short period of time.More
May 2006
 
 
 
Copyright Protection Extends To Listings


Apparently, quite a few real estate agents are authors who hold copyright rights under federal law. It's a fair bet that most of them don't know that, or care. They should.More
May 2006
 
 
 
How Do Buyers & Sellers Find The Agents They Use?


NAR Profile Can Help Agents To Find Buyers and Sellers.More
May 2006
 
 
 
Damage During Escrow


Buyer must be told of damage that occurs during escrow.More
April 2006
 
 
 
Bill Would Require Experience For Broker License


Assembly Bill Would Tighten Requirements For Broker LicenseMore
April 2006
 
 
 
DOES THE SELLER HAVE A RIGHT TO SEE THE APPRAISAL?


One of the brighter agents in our neighborhood asks this question: "Does the buyer have an obligation to provide the seller with a copy of the appraisal?" It is not an idle question.More
March 2006
 
 
 
CAR WILL WEIGH IN ON EMINENT DOMAIN ISSUES


At their recent meetings in Anaheim, directors of CAR approved recommendations to support legislation regarding redevelopment law and the use of eminent domain procedures.More
March 2006
 
 
 
The Ins and Outs of Improving Practices


Realtor® organizations – local, state, and national – find themselves in a bit of a bind. Read on to find out why ...More
February 2006
 
 
 
OFFERS NOT CONFIDENTIAL


Buyers Must be Advised of the Potential that Their Offers May be "Shopped".More
February 2006
 
 
 
PUBLIC IMAGE OF REAL ESTATE AGENTS


Realtors®  Public Image is Rising, but by how Much?More
February 2006
 
 
 
DISCLOSURE FOR ASSOCIATIONS


Legistation Mandates More Disclosure for AssociationsMore
January 2006
 
 
 
DISCLOSURE OF AGENT'S INTEREST


Agent's are used to discussions of disclosures about property. Sometimes, though, there are also disclosure issues about agents and even principals.

More
January 2006
 
 
 
Eminent Domain Part I


When Can Government Take Your Property?More
January 2006
 
 
 
Eminent Domain Part II


Eminent Domain Concerns May Pit Private Property Rights Against Public WelfareMore
January 2006
 
 
 
SIXTY-DAY NOTICE REQUIREMENT WILL REVERT TO THIRTY


Effective January 1, 2006, there will be a change in the law regarding the minimum amount of time for giving notice to terminate a month-to-month tenancy that has been in effect at least one year. 

More
December 2005
 
 
 
MUST RESIDENTIAL CARE FACILITIES BE DISCLOSED?


Recently the legal department of CAR issued an updated question-and-answer memorandum entitled "Disclosure Issues Related to Residential Care Facilities and Day Care Homes."   More
December 2005
 
 
 
Rules Govern the Amount and Use of Security Deposit


Questions frequently arise with respect to security deposits.  "Is there a limit to what can be charged?"  "Must the landlord put the money in a trust account?"  "What can be deducted at the termination of tenancy?"  Etc. 

More
December 2005
 
 
 
Rules Govern the Amount and Use of Security Deposit - Part 2


California law sets forth a rather elaborate procedure for determining the disposition of a tenant's security deposit.  These are found in the Civil Code at sections 1950.5(e) – 1950.5(g)(5).

More
December 2005
 
 
 
CAR ANNOUNCES DEFENSE ATTORNEY REFERRAL PANEL


CAR recently announced creation of its Defense Attorney Referral Panel.  The panel was created as a result of recommendations of CAR's Errors and Omissions Task Force.  More
November 2005
 
 
 
“DEMAND TO CLOSE ESCROW” IS NEW FORM


The DCE is not a revision of a current form, but, rather, an entirely new one.  In such instances it is always fair to ask, "Why?"  Did we really need another form?

More
November 2005
 
 
 
Listings are the Key to Dispute Between NAR and the Justice Department


It's a fair bet that, to most people, the Department of Justice  anti-trust suit against NAR is a yawner of a topic.  Perhaps, though, readers of this column will find the matter of more than passing interest. 

More
November 2005
 
 
 
CAR Task force Recommends Eliminating Conditional Real Estate Sales License


This recommendation was presented to CAR directors at the associaton's recent business meetings ...More
October 2005
 
 
 
New Rules Apply to Installation or Replacement of Furnaces and Air Conditioning


Planning on having a furnace or air conditioner installed or replaced? New California energy rules may apply to you.More
October 2005
 
 
 
Do We Have Enough Real Estate Agents?



They just keep coming. a little more than 5 per hour. 24 hours a day. 7 days a week. 365 days a year.
More
October 2005
 
 
 
WHAT HAPPENS WHEN THE BUYER DOESN’T CLOSE ON TIME?


What are the seller's rights when buyer does not close escrow on time? This  is not only an important question; it is also a tough one. Read on ....More
September 2005
 
 
 
BUYER DEFAULT, PART II


Buyers who don't close on time may lose their deposit, or not.More
September 2005
 
 
 
New Bill Will Require Risk-Management Education


Assuming it will be approved by the Governor, a new bill in the California legislature will change the educational requirements for all real estate licensees withing the state.

More
September 2005
 
 
 
Responsibility of Landlords


Landlords Have Responsibility To Do Something About Tenants Who Annoy OthersMore
August 2005
 
 
 
View Protection


View Protection - It's All A Matter of InterpretationMore
August 2005
 
 
 
It's Good to Know Your Agent Has a License


Does the Agent Really Have a License?More
August 2005
 
 
 
REALTORS® WARNED ABOUT RESPA VIOLATIONS


This year's mid-year meetings of the National Association of Realtors featured a special forum dealing with "DO's and DON'Ts" under RESPA (the Real Estate Settlement and procedures Act).More
July 2005
 
 
 
IN A HOT MARKET IT IS IMPORTANT TO PAY ATTENTION TO DETAILS


Realtors have plenty to deal with trying to guide their clients through the special problems that can arise in a market still characterized by competing buyers, mulitple offers and bids over the listing price.....More
July 2005
 
 
 
Realtors Learn Lessons in Washington


Last week more than 8,000 members of the National Association of Realtors® (NAR) attended its mid-year conference and meetings in Washington, D.C. 

More
June 2005
 
 
 
Predatory Lending


 

NAR Adopts Proposals to Tighten Rule Against Predatory Lending.

More
June 2005
 
 
 
Certificate of Merit


Legislation proposes requiring "Certificate of Merit" before filing suit against a Real Estate Broker.

More
May 2005
 
 
 
Rules For Showing Tenant-Occupied Property


 

California Civil Code sets forth rules for showing tenant-occupied property.

 

More
May 2005
 
 
 
HOAs Have Limited Ability To Regulate Real Estate Signs


Many homeowner associations have rules regarding real estate signs. Those rules draw particular attention in the springtime, when "for sale" and "open house" signs begin to sprout.

 

More
May 2005
 
 
 
Reserve Account Reporting Requirements For HOAs


Effective July 1 of this year, California homeowner associations (HOAs) will be subject to new requirements regarding the manner in which they must report the status of reserve accounts to their members. More
April 2005
 
 
 
Court Upholds Mediation Provision In California Purchase Contract



A mediation provision is contained in the standard real estate purchase contract produced by the California Association of Realtors®. 
More
April 2005
 
 
 
Do Not Call Rules Are Clarified For Real Estate Agents


The Federal Communications Commission (FCC) recently issued an order that clarifies how Do Not Call rules affect the telemarketing practices of real estate agents.

More
April 2005
 
 
 
Tax Law Change


The American Jobs Creation Act contained a tax change pertaining to real estate - change relevant to persons who may have changed the use of what was an investment property into that of their own personal residence.

More
March 2005
 
 
 
Change In Withholding Rules



As a result of Assembly Bill 1338 there have been a few changes to the California law requiring tax withholding on the sale of real estate.    Read On!

More
March 2005
 
 
 
C.A.R. Directors Approve New Disclosure Form


Do residential real estate transactions need yet another layer of disclosures? Directors of the California Association of Realtors® (CAR) answered "yes" at their recent triannual meeting held in Monterey, California.

More
February 2005
 
 
 
Ruling on Real Estate Internet Site Is Only the Beginning


Much ado has been made of the recent ruling by Federal District Judge Morrison C. England, Jr. against the California Department of Real Estate (DRE) in the case of ForSalebyOwner.com Corp v. Zinneman.    Read On ...

More
January 2005
 
 
 


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