Richard D'Ascoli

Richard D'Ascoli
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New Publications from the DRE

Posted by Richard D'Ascoli on Jun 24, 2020 6:01:31 PM

Department of Real Eastate

The Department of Real Estate (DRE) updated a number of its publications.

• Spring Bulletin
• Fraud Warnings
• New License Applicants
• Loan Modifications
• 2020 REAL ESTATE Law Book

Updates from the Spring 2020 Real Estate Bulletin

  • Governor Newsom's Real Estate Commissioner appointee Doug McCauley was appointed on April 2nd.
  • Learn about the difference between citations and formal discipline and the programs progress after six years.  How do citations work? How can they be contested?  What happens if the citation has not been satisfied?
  • Developers are required to obtain a public report from the DRE prior to marketing homes in a common interest development (CID). Learn more about  Informing the DRE About Material Changes in Subdivision Public Reports.  
  • The California Franchise Tax Board also includes an interesting write up about Property Managers and California Withholding. 
  • The DRE may audit continuing education records of licensees. When requested applicants need to submit certificates of attendance or certified copies from sponsors of approved offerings as proof of training.  A licensee who fails to provide DRE with course completion certificates, as required, may be subject to a fine or potential disciplinary action.

DRE Flyer for Consumers: Fraud Warnings for California Homeowners in Financial Distress Provides an overview of home loan modifications and where to find free foreclosure avoidance counseling.

 

Instructions to License Applicants Provides information about how to obtain and maintain a California Real Estate License, a Prepaid Rental Listing Service License, and a Mortgage Loan Originator License Endorsement.

 

Loan Modification Self-Help Guide  The DRE has produced a self help guide for individuals to obtain their own loan modification.  Review this step by step guide to doing your own loan modification. 

The 2020 Real Estate Law Book Statutes and regulations with which real estate practitioners should be familiar. It is divided into four parts by subject matter as follows: Real Estate Law and Subdivided Lands Law, Business and Professions Code Sections 10000 through 11288 Regulations of the Real Estate Commissioner, Title 10 of the California Code of Regulations Administrative Procedure Act, Government Code Sections 11500 through 11528 Pertinent Excerpts from the California Codes, Various other code sections applicable to real estate including additional sections of the Business and Professions Code and Government Code.  Please note, the 2020 Real Estate Law does not contain all laws relevant to real estate. The 29 Codes which comprise California law are available in their entirety at the official website for California legislative information.

Topics: Brokers/Managers, Industry

LISTEN, UNDERSTAND & SPEAK UP

Posted by Richard D'Ascoli on Jun 5, 2020 5:01:05 PM

WE MUST ACTIVELY WORK FOR REAL CHANGE

The following statement from PSAR CEO Rich D’Ascoli is in response to the riots, looting and protests following the death of George Floyd, a black man while in the custody of Minneapolis police:


The shocking, senseless death of George Floyd is tragic. Our deepest sympathies are with the Floyd family and others, who through four hundred years of abuse, understand and feel this pain and grief like nobody else can.

As longtime champions of fair housing, equality and inclusion are among our most cherished values. PSAR is committed to leading the way on policies that address racial injustice and that build safe and inclusive communities. We remain committed to supporting the dignity and worth of all individuals, and to work vigorously to defend policies that bring justice, opportunity and security for all. We stand in support of racial equality and all those who search for it. We’re hoping this breakdown will ultimately turn into a breakthrough. Building the future begins with equal access to housing and opportunity for all.

Many of us are looking for ways to stand up for what we believe. We cannot remain disengaged and hope that this will go away. As a community of professionals working and living through extraordinarily challenging times, we must work together and remain committed to a better world for everyone, not just a few. Honesty, transparency, and empathy go a long way toward building trust and influencing change. Now is the time to listen, seek to understand, and speak up.

We appreciate all you do as REALTORS® to listen, learn and work with others to be part of the solution. As leaders in your communities, REALTORS® are active participants in promoting equality, inclusion and acceptance. Thank you for your support of PSAR.

If you have 15 minutes, please consider watching this video by Valerie Alexander on Unconscious Bias. I saw her speak at a CAR meeting in October with other CEOs from around California.  She helped me understand our biases, including my own, in a way that I hadn’t before.

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Topics: Market Information

Listing Appointment? PSAR has tools for that.

Posted by Richard D'Ascoli on Jun 5, 2020 9:57:43 AM

Make a Great First Impression with your CMA

First impressions are everything. When your prospective clients give you the opportunity to wow them with how hard you will work to sell their home – don’t let the opportunity pass you by! It’s your chance to make it happen and win the listing. Having the very best in real estate comparative market analysis (CMA) software will ensure that you have everything your client needs all in one simple, effective, and beautiful presentation.

How Can You Make a Good Impression with a Cloud CMA Presentation?

Cloud CMA presentations make it easy for you to look awesome. In just minutes, you can have a client-ready report in hand and win that listing on the spot! So, how can you expect to impress your clients with a Cloud CMA presentation?

One of the first questions your client may have is, “What is a CMA?” followed by questions pertaining to the data and what it’s supposed to convey. Each CMA created with our software begins with an explanation of the contents and the purpose of the information. This will help solidify your position as an authority on local real estate trends and prices, as well as build a trusted and secure relationship with the client.

In addition to this valuable introduction, you will be able to provide your clients with report pages covering the following information:

  • Your photo and contact information will be displayed so each client knows that you are the real estate professional who has provided them with the very best information.
  • QR code allows clients to download the entire PDF report on their smartphone or tablet.
  • Explanation of short sales and foreclosures and how they affect sale prices in your client’s neighborhood.
  • Information on what goes into calculating the value of a home.
  • Map of the comparable listings in the client’s area.
  • List of comparable properties in the client’s area with listing status and price.
  • Listing information and photos for all properties in the report used for comparison.
  • Property analysis for active, expired, canceled and sold listings.
  • The suggested listing price for the client’s listing.
  • Commission breakdown.
  • Additional information on why your client needs a real estate agent, strategic pricing and timing, and why first impressions with their property are important.

 

Customization and Mobile Access

You can customize your report in any way you like to communicate this information to your prospective clients. Choose your colors, fonts, page layout, and even create your own custom pages.

You can also create and send reports instantly. Just send an email from your computer, tablet, or smartphone and let us do the work!

Presentations can be shared via email, Twitter or Facebook, and work on all popular mobile devices, including the iPad®.

MLS Connection

Above all, Cloud CMA makes it easy to generate beautiful client reports by connecting directly with Paragon or Matrix. Cloud CMA pulls data directly from your MLS as well as top websites to create a winning real estate CMA with current listing information. Cloud CMA eliminates the guesswork for you, saves you time, and makes you look awesome.

cloud cma video

 

PSAR Members access Cloud CMA along with many other tools from the login screen in Paragon or Matrix. 

Don't belong wot PSAR or CRMLS?  CloudCMA is available for $45/month.

paragon screen cloud cma

 

Topics: CRMLS, Technology, Marketing, PSAR Benefits

Paragon NOW Combines MLS & Tax Records in Search.

Posted by Richard D'Ascoli on Jun 3, 2020 7:00:00 AM

 

Paragon received some new enhancements! (Due to Tech difficulties portions of this Upgrade have temporarily been delayed)

Changes include new integrations with CRS Tax, new system feature tours, and more. Read the CRMLS Knowledgebase article for a full list of updates. Here are three impact-full changes:

Display Public Records with Listings on Map
A new Premium Tax feature has been added, called Integrated Search, that gives users the ability to display both listings and public records that meet the same criteria on a single Map View.

Display Public Records with Listings on Map

CRS Data Property Report from Property Watch and Alerts
When the developers of Paragon introduced Property Watch, it lacked the ability to link to the CRS Data Property Report from the property panel that displays next to the Property Watch and Alerts grids. This feature has now been added.

CRS Data Property Report from Property Watch and Alerts

Tours of New System Features and Enhancements
Take a mini walk-through of new Paragon features and enhancements. The tour will pop up in Paragon automatically at selected features. Page through the tour or select Remind Me Later to view on your next visit to the page.

Tours of New System Features and Enhancements

A full list of changes is available on the CRMLS Knowledgebase. Click here to see the updates.

 

Topics: Brokers/Managers, CRMLS, Marketing

Now you can Market On Hold (or) without a listing contract.  Really?

Posted by Richard D'Ascoli on May 29, 2020 2:00:17 PM

Yes, Really!  Marketing Prior to a securing a listing agreement.

blog_email_200529_marketing

The CRMLS Board of Directors made a rules change this week.  The added language is in red below. Read it closely because the change is more significant than it may look at first glance. 

7.9 Mandatory Submission upon Marketing. Within one (1) business day of marketing or advertising a residential property to any member of the public, for sale which contains one to four units, or is a residential vacant land lot which is subject to any exclusive right to sell or seller reserved listing agreement, the Listing Broker must submit the property into the MLS for cooperation with other CRMLS participants. Marketing and advertising includes but is not limited to, any information about the property or its availability for sale displayed on any: signs, websites, social media, brokerage or franchise-operated websites, communications (verbal or written), multi-brokerage or franchise listing sharing networks, flyers or written material, or on any applications available to the public, or by conducting an open house. Any individual or entity that has signed within the previous year a Disclosure Regarding Real Estate Agency Relationship form in compliance with CA Civil Code section 2079.16 that identifies the Listing Broker shall not be considered a “member of the public” under this rule.  

The change is to Rule 7.9, “Mandatory Submission Upon Marketing.” This rule governs listing brokers’ submission of properties into the MLS. The previous version of this rule detailed how within one business day of marketing a property to the public, the listing broker must submit the property into the MLS. 

This new version makes clear that the listing broker must submit a property into the MLS within one day of marketing only if an exclusive listing contract exists.  If there is no contract, agents can talk about the listing that they "may secure."  Agents should use caution when discussing a listing prior to securing a listing contract.  The listing still remains open for a competitor to list with.  

The San Diego Old Paragon doesn't have "Hold" Yet.  Can I market a property when it's "Withdrawn?" 

The answer is YES!  The definition of the Withdrawn status does state that a property cannot be marketed or advertised, while remaining in our "old Paragon" system. But CRMLS will not be enforcing that aspect of the Rule until we actually get the CRMLS "Hold" status that is enjoyed by CRMLS Matrix users. CRMLS will allow marketing and advertising to occur the same as Hold listings in Matrix. A property in the status of "Withdrawn" can be marketed and advertised but cannot be shown.

The Withdrawn status in San Diego Paragon allows you to temporarily remove your listing from an “Active” status, without having to cancel it. This feature will allow you to place your listing in Withdrawn for a specified period of time. Marketing and Advertising as defined in Rule 7.5.1 is permitted. However, no showings are allowed, consistent with Rule 9.8.

To update your listing’s status to Withdrawn, follow the steps below.

Step 1: Navigate to your listings by clicking on the Listings tab and clicking on Maintain Listings.
p1

 

Step 2: Enter the MLS#, then click Go, or, enter the property address, then click Search. In the search results, click on the listing’s MLS# or Select an Action, then click on Maintain Listing.
p2

 

Step 3: Update the status to Withdrawn Then click Save Listing.
p3

 

 

 

Topics: Education, Brokers/Managers, CRMLS

For a safer client environment - Virtual Meetings - At No Cost

Posted by Richard D'Ascoli on May 20, 2020 2:57:47 PM

Looking for ways to make your client feel safer throughout the buy/sell process?  By this time, most everyone is familiar with virtual meeting applications such as Zoom, Google Meet, Webex and the like.   But they require downloading their software utilities and managing accounts on their systems.

There is an alternative tool with which you may not be aware—zipConsult®, available within zipForm Plus®. With zipConsult®, you can conduct online meetings with your clients to review contracts, conduct virtual tours, go over required paperwork prior to sending documents for signatures, or simply to stay connected.  And the best feature - it’s already in your technology toolbox if you are a San Diego county realtor and a PSAR member!

The great thing about this program is that it resides inside Zipforms Plus®, so working with documents is easier. And you can host conference calls and meetings with multiple clients in multiple locations at the same time. 

Here are some of the feature/functions of zipConsult:

  • Share your screen with clients online and review zipForm transactions: Once the meeting begins simply start screen sharing and display the document you’d like to share – it’s that easy. For further privacy, the screen sharing feature allows you to share only a specific application (program). The rest of your desktop will be hidden from the attendees’ view.
  • Meet faster-- invite attendees utilizing saved contacts in your zipForm address book: zipConsult is integrated directly with zipForm Plus, so starting a meeting online is simple and quick. Select clients from the address book with no typing then connect, communicate and review faster than ever.

  • Plan meetings and schedule them in advance: Within the advanced options the Schedule a Meeting option allows you to setup the date, time, and attendees in advanced. Also included in this interface is an email message editor to craft the personal invite that your attendees will receive.

  • Video conferencing allows face to face client meetings online: Add a personal touch to meetings with a webcam. When you share your webcam feed it’s like being there in person. Up to six people can video conference at once

  • Conference calling and text chat keep participants engaged: Your zipConsult account includes a conference call number with PIN codes, so participants can join by phone or computer mic and speakers. Encourage engagement with easy communication via easy conference calling and text chat.

  • Meeting Notes: Keep detailed notes during the meeting for later review or reference. Notes can be kept private or public. Upon the conclusion of the meeting all notes can be emailed to attendees to share the results of the meeting or assigning follow up tasks.

  • Create unlimited online meetings: Feel free to explore the value of meeting with clients online. Review zipForm transactions, review property disclosures, or discuss aspects of the transaction process.

So enhance your clients’ sense of well-being while at the same making your own virtual activities more efficient cost-free!  Just contact CAR to find out how to get started with zipConsult.

Don't want to watch the video?  Check out the slide deck here.

Not sure how  to use this?  Check how Realtor Wes Young used zipConsult on a transaction.

 

Topics: Education, Technology, PSAR Benefits

New Coming Soon Status May 19th!

Posted by Richard D'Ascoli on May 15, 2020 7:00:00 AM

The Coming Soon status launches in San Diego Paragon Tuesday, May 19th. From that day forward, when entering listings for sale in San Diego Paragon, you may choose between Active and Coming Soon.

To prepare for this launch, Paragon will undergo scheduled maintenance from 10:00 PM PT Monday, May 18th to 6:00 AM PT on Tuesday, May 19th – a total of eight hours. Paragon will be unavailable during this time.

CRMLS prepared a video to help you understand the details of this status. Click below to watch.

 

 

How does Coming Soon work?

Coming Soon allows listing agents to take up to 21 days to stage the property, take interior photos, prepare it for showings, and so on, without Days on Market accruing.

How is Coming Soon similar to Active?

  • Marketing is allowed in both statuses, so long as Coming Soon listings are clearly marked as Coming Soon.
  • Both Coming Soon and Active listings are fully displayed to other professional users of MLS systems.
  • The listing agent offers a commission on both Coming Soon and Active listings.

How is Coming Soon unique?

  • Coming Soon listings have limited distribution: they will not go out from the MLS to portals like Zillow, Trulia, and Realtor.com, or to IDX broker and agent websites.
  • Showings are not permitted in Coming Soon.
  • Because of these limitations, Days on Market do not count in Coming Soon.
  •  

Listing input for Coming Soon in Paragon will look like this:

unnamed (2)

 

FAQ on Coming Soon Status

  1. Will Registered and Coming Soon listings appear in portals like Zillow, Trulia, and Realtor.com? No.
  2. Who can see listings in the “Coming Soon” status? All CRMLS users.
  3. Why are there no showings while a listing is in Coming Soon status?  There are no showings under Coming Soon status because marketing and showing a property means it is actively on the market, and it is not “coming soon” to the market. Showings are contrary to the stated purpose of Coming Soon, which is to prepare the property for “full marketing.
  4. What is the reason for the change in statuses? Registered status has been developed as an alternative to the current exclusion form process. This change simplifies workflow while at the same time satisfying the requirements of the longstanding mandatory delivery rule. Coming Soon is being introduced in response to a demand for time to get a property ready for full marketing while not accruing Days on Market.
  5. What does the CRMLS coming soon form look like?  Take a look here:

This new "Coming Soon" status is an important component needed in order to make compliance of NAR's Clear Cooperation Policy.  

 

 

 

Topics: Brokers/Managers, CRMLS

DRE canceling salesperson and broker exams

Posted by Richard D'Ascoli on May 14, 2020 12:05:49 PM

The Department of Real Estate (DRE) is canceling real estate salesperson and broker license exams in all exam centers through May 31, 2020. This action is being taken to comply with state and local public health agencies ordering residents to shelter in place to slow the spread of COVID-19.
 
Examinees affected by these cancellations will be allowed to reschedule their canceled exam dates using DRE’s eLicensing system. Exam rescheduling fees will be waived for canceled exams.
 
Examinees with questions or concerns regarding canceled exams can contact DRE’s Licensing program at (877) 373-4542 or by email at Ask.DRELicensing@dre.ca.gov.


Some Q&A from the DRE website:

If my exam is canceled, how do I reschedule it?
All examinees can reschedule canceled exams using our eLicensing system for free. If you do not have an eLicensing account, you can easily create one on our website.

If the county I live in has issued a shelter in place order, can I reschedule my exam date?
Yes. If the city or county issues a shelter in place order, your exam will be canceled and an email notification will be sent to you. Be sure to check your spam or junk email folders. When an exam is canceled, examinees are placed in a "self-schedule" status on eLicensing, which allows them to reschedule for free.

My real estate license will be expiring soon. What is the best way for me to complete my renewal?
The secure eLicensing online system offers expedited processing of salesperson, broker, and officer license renewals any time or day of the week. eLicensing is easy to use, paperless and interactive. Licensees enter information needed for license renewal into eLicensing, including the course number and completion date of continuing education courses taken. If continuing education is required, then Continuing Education Requirements must be completely satisfied in order to renew through eLicensing. Acceptable methods of payment include VISA, MasterCard, and American Express credit cards or debit cards bearing a VISA or MasterCard logo.

Unfortunately, officers renewing after the license expiration date and all restricted licensees cannot use eLicensing. Those renewal applications must be submitted by mail to the Department of Real Estate, P.O. Box 137003, Sacramento, CA 95813-7003.

Remember, you may use eLicensing or submit your renewal application 90 days prior to your license expiration date. Your renewal is on-time if your eLicensing transaction is completed or your application is postmarked before midnight on your license expiration date. If you submit your renewal on-time, Business and Professions Code Section 10156.2 permits you to continue operating under your existing license after its expiration date unless notified otherwise by the DRE.

How do I complete continuing education for my license renewal when I have been ordered to shelter in place?
Licensees can take continuing education courses by various means, including by correspondence or distance learning. Correspondence courses include courses offered online or by mail. You can search here for a list of continuing education courses that are offered by correspondence.

Please remember that continuing education courses follow strict regulations with regards to the amount of time required to be spent on a course and spacing of the final exams. See Continuing Education Regulations (RE 312) for additional information.

California Department of Real Estate.

 

Topics: Announcements, CRMLS, Industry

Governor Releases Industry Guidance on Real Estate Transactions

Posted by Richard D'Ascoli on May 7, 2020 6:57:26 PM

Today, May 7th, Governor Newsom released updated industry guidance to begin reopening with modifications that reduce risk and establish a safer environment for workers and customers. This guidance includes, among other things, information pertaining to real estate transactions.  Use these guidelines to responsibly plan and reopen for business.

The California Department of Real Estate advises all licensees to review the newly posted "COVID-19 Industry Guidance for Real Estate Transactions" and "COVID-19 General Checklist for Real Estate Transactions" found in the links below.

The Resilience Roadmap is a plan for modifying the statewide stay at home order to gradually reopen. When modifications are advanced and the state’s six indicators show we’ve made enough progress, we can move to the next stage of the roadmap. We are now moving into Stage 2, where some lower-risk workplaces can gradually open with adaptations.

This Guidance for Real Estate Document  provides guidance for businesses operating in the real estate industry including sales and rentals of single-family, multi-family, apartment, commercial, and industrial properties to support a safe, clean environment for workers.

For workplaces and showing property, it contains:
  • Specific plan
  • Physical distancing
  • Cleaning and disinfecting protocols for workplaces

It also has topics for employee training and individual control measures and screening, 

The COVID-19 General Checklist for Real Estate Transactions
This checklist is intended to help people involved in real estate transactions implement their plan to prevent the spread of COVID-19 in the workplace and is supplemental to the Guidance for Real Estate Transactions. This checklist is a summary and contains shorthand for some parts of the guidance; familiarize yourself with the guidance before using this checklist.

real estate industry guidance

Topics: Education, Brokers/Managers, Government Affairs, Industry

Clear Cooperation- Effective May 1st

Posted by Richard D'Ascoli on May 1, 2020 4:36:35 PM

By NAR mandate, CRMLS has implemented it's Clear Cooperation Policy.  This policy governs the public marketing of listings and their entry into the multiple listing service. Within one (1) business day of marketing a property to the public, the listing broker must submit the listing to the MLS for cooperation with other MLS participants.

After the Seller signs the contract, the Listing Broker has two (2) business days from the listing contract date to enter the listing into the MLS. Within one (1) business day of marketing the property, the Listing Broker must ensure that the listing is in the Coming Soon or Active status.  CRMLS will have a "Coming Soon" status by the end of May 2020.

To learn more about the policy and how it will be implemented, CRMLS General Counsel Ed Zorn recorded this Webinar.

Clear Cooperation Video

To download the slide deck below follow this link.

Clear Cooperation Rules

CRMLS also has this web page dedicated to Clear Cooperation, BUT the advantages that CRMLS provides are not available now. PSAR will join SDMLS in getting the Coming Soon status at the end of May, the Registered status and Hold status that are part of CRMLS now will be delayed until our migration to the Upgraded Paragon system in August.  They are also currently available for PSAR users who subscribe to Matrix.

 

Topics: Brokers/Managers, CRMLS, Industry