The real estate industry is facing significant changes to buyer-representation, and PSAR members need to stay informed. With the recent Sitzer-Burnett settlement, the passage of California’s AB 2992, and NOW a newly released California Department of Real Estate (DRE) bulletin, REALTORS® are navigating uncharted territory. These updates reflect an ongoing evolution in the industry, but inconsistencies between them may create challenges for REALTORS® working to remain compliant.

C.A.R. Legal is currently reviewing these documents in detail and will likely reach out to the DRE for clarification regarding the bulletin. REALTORS® can expect further guidance as these details are analyzed more thoroughly.

This blog is a first look at how these changes align—or don’t. While this is not a definitive legal analysis, it highlights important areas to consider.

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Key Inconsistencies REALTORS® Need to Understand

1. Timing of Agreement Execution

• Choose: Sitzer-Burnett Settlement: REALTORS® and MLS subscribers must secure a signed buyer-broker agreement before touring properties.

• AB 2992: Allows the agreement to be signed as late as the execution of a purchase offer.

• DRE Bulletin: Reflects AB 2992’s timing, which is less stringent than the settlement.
  Impact: REALTORS® may face conflicting guidance depending on whether they are complying with AB 2992, the settlement, or MLS rules.

2. Agreement Expiration

• Choose: AB 2992: Limits agreements to a maximum of three months.

• Sitzer-Burnett Settlement: Does not specify a duration but requires clear terms.

• DRE Bulletin: Does not mention expiration limits.
  Impact: REALTORS® could face compliance issues if agreements extend beyond three months under California law, even if not restricted under the settlement.

3. Compensation Negotiation and Disclosure

• Choose: Sitzer-Burnett Settlement: Caps compensation at the agreed amount and prohibits exceeding it from any source.

• AB 2992: Allows buyers to negotiate seller concessions to cover agent fees but does not impose a cap.

• DRE Bulletin: Discusses compensation but lacks clarity on handling caps or seller concessions.
  Impact: REALTORS® may inadvertently violate settlement terms by exceeding the agreed-upon compensation if following only state law or the bulletin.

4. Scope of Applicability

• Choose: Sitzer-Burnett Settlement: Applies to all REALTORS® and covered MLS participants.

• AB 2992: Broadens applicability to all California buyer’s agents, regardless of MLS or REALTOR® status.

• DRE Bulletin: Suggests universal applicability but does not distinguish between REALTORS® and non-REALTORS®.
  Impact: REALTORS® operating outside MLS systems may face uncertainty about compliance standards.

5. Content of Agreements

• Choose: AB 2992: Mandates detailed agreements specifying services, compensation, payment timing, and an expiration date.

• Sitzer-Burnett Settlement: Requires clear compensation disclosure but does not specify other elements.

• DRE Bulletin: Mentions transparency but omits critical details about mandatory agreement elements.
  Impact: REALTORS® risk non-compliance if agreements lack required elements under AB 2992.

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First Look Recommendations for REALTORS®

1. All Association members who are REALTORS(s) and all MLS members must abide by the terms of the settlement, even if AB2992 is less restrictive. Consult Your Broker: Brokers are a key resource in clarifying compliance with these changes

2. Utilize the C.A.R. Legal Hotline: REALTORS® should seek professional guidance on navigating the complexities of overlapping requirements.

3. Adopt a Conservative Approach:

   • Execute agreements before property tours, consistent with the settlement.

   • Ensure agreements meet AB 2992’s requirements, including the three-month expiration limit.

   • Disclose compensation clearly and avoid exceeding agreed-upon amounts.

 

What’s Next?

The DRE bulletin is brand new, and this is PSAR’s first analysis of its potential implications. While C.A.R. attorneys will undoubtedly provide a more detailed review, it’s critical for REALTORS® to begin understanding these changes now. Taking a proactive and cautious approach will help REALTORS® avoid missteps and serve clients effectively during this transitional period.

PSAR is here to support its members through these changes. Stay tuned for updates and additional resources as more information becomes available.

Ever wished you could stand out in a crowded market? Tired of competing on price and struggling to prove your worth? What if you could become the "go-to" agent in your area, the one clients can't imagine buying a home without?

It's possible. It's about creating your own "monopoly" – offering services so unique and valuable that clients won't even think of going elsewhere.

As CEO of PSAR and a seven-time home buyer, I've seen firsthand the challenges agents face today. Protecting your commission, navigating legal changes, and building client trust are top concerns. But the agents who thrive are those who differentiate themselves.

Stop Undervaluing Your Expertise!

Many agents shy away from the Buyer Representation & Broker Compensation Agreement (BRBC), fearing it might scare off clients. But the BRBC is your secret weapon! It's a commitment to a strong client-agent relationship, ensuring transparency and protecting both parties.

Here's the key: Don't just present the BRBC as a form. Present it as a benefit. Showcase your expertise and the unique value you bring to the table.

12 Ways to "Monopolize" Your Market

Ready to become the "only one" clients choose? Here's how to create a unique value proposition:

1. Roll Out the Virtual Red Carpet

For relocating clients, offer virtual tours of properties, neighborhoods, and local attractions. Organize "day-in-the-life" virtual tours showcasing schools, parks, and amenities. Become their virtual concierge, providing a comprehensive "new resident orientation."

2. Become the Ultimate Connector

Forge partnerships with trusted local vendors – cleaners, landscapers, handymen, interior designers, and more. Offer bundled services or a one-time setup as part of your commission. Connect clients with home security companies, smart home specialists, and utility providers.

3. Uncover Hidden Gems

Go above and beyond the MLS. Canvass neighborhoods to identify unlisted properties that fit your client's specific criteria. This proactive approach demonstrates your commitment to finding their dream home.

4. Make Move-In a Breeze

Arrange a comprehensive utility setup service, handling water, power, internet, and other essentials before move-in day. Offer setup services for smart home and security features. Give your clients peace of mind from day one.

5. Integrate Families into the Community

Go beyond school registration. Connect clients with local parent groups, recreational clubs, and community organizations. Provide "welcome packages" showcasing client-friendly amenities and events. Become their community connector.

6. Provide Expert Property Insights

Partner with inspectors to offer pre-inspections on properties. Go the extra mile and offer a home warranty, paid for by you, to provide peace of mind and demonstrate your commitment to their investment. Include an initial maintenance plan or warranty on major home systems. Arrange regular seasonal maintenance check-ins. Become their trusted advisor for property care.

7. Become a Hyperlocal Expert with RPR® & Cloud CMA

Leverage REALTOR® Property Resource® (RPR®), a REALTOR® benefit, to generate custom neighborhood reports. Provide insights into market trends, demographics, school performance, and amenities. Utilize the CRMLS benefit Cloud CMA to easily create amazing comparative market analysis reports, Buyer Tours, Property Reports, and Flyers. Position yourself as the go-to expert for specific zip codes.

8. Manage Every Detail of Relocation

Offer relocation management services, including coordination with moving companies, packing/unpacking services, and trash-out/resale services. Simplify downsizing with partnerships for storage solutions and home organization.

9. Welcome Clients to Their New Life

Provide a post-purchase orientation, introducing clients to local organizations, social groups, and even neighbors. Arrange "meet and greet" events. Make their transition memorable and welcoming.

10. Offer Financial Peace of Mind

Arrange consultations with local financial planners or tax advisors to help clients understand the full financial impact of their purchase. Provide guidance on property taxes, deductions, and long-term financial goals. Be proactive! Schedule a reminder to call clients at the end of the year to explain their supplemental tax bill and what it means. This provides ongoing support and reinforces your value even after the sale.

11. Create a "Go-To" Resource

Develop customized home-buying guides covering local regulations, financing options, and the closing process. Include area-specific tips and links to trusted local vendors. Become their trusted advisor throughout the entire journey.

12. Maximize Efficiency with CubiCasa

Use CubiCasa, a FREE PSAR/CRMLS benefit, to offer floor plans of potential homes, saving clients time and effort. Provide floor plans as part of a property preview service for efficient evaluation and fewer in-person visits. Save your clients time and money.

Technology that Transforms

In today's digital world, leveraging the right technology can be a game-changer. A platform like Rayse (exclusively for CRMLS brokers!) can revolutionize how you interact with clients. Imagine a system where your clients can see every step you take on their behalf, from property searches to scheduling showings and negotiating offers. Rayse provides that transparency builds trust, and demonstrates your commitment to their success.

Enhance Your Skills, Enhance Your Value

Take advantage of the free online Accredited Buyer’s Representative (ABR®) course offered for free by NAR until the end of 2024. This designation equips you with specialized knowledge in buyer representation, boosting your credibility and client service approach.

Flexible Packaging for Every Client

Offer services à la carte, bundled, or in tiered packages. Designate a team member to manage specific services. Provide direct, fee-for-service options for focused assistance.

Build Your Monopoly, Build Your Success

By focusing on these unique, client-centered services, you can build a "monopoly" based on differentiation, trusted relationships, and specialized knowledge. Attract more clients, create long-term relationships, and maximize your value and profitability. Embrace tools like the BRBC to safeguard your efforts and reinforce your commitment to your clients' best interests. But your service doesn't stop at the sale. Continue to provide referrals for services like landscaping, home maintenance, and even dog walkers. Offer ongoing support and recommendations, including annual property value updates using your free CRMLS access to Cloud CMA, to solidify your role as their lifelong real estate advisor.

PSAR/CRMLS Benefits to Assist Buyer's Agents

• REALTOR® Property Resource
• Cloud CMA
• CubiCasa
• Rayse
• Accredited buyers representation class

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Disclaimer

It’s essential for licensees to consult with their broker before making any changes to business practices, as brokers can provide guidance on legal and regulatory requirements specific to your practice. This ensures compliance and aligns with industry standards. I have 30 years of business management experience and hold a degree in marketing and business administration, but I am not an attorney or a licensed broker. 

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PSAR's mission is to empower real estate professionals.

Since 1928, the Pacific Southwest Association of REALTORS® has played a significant role in shaping the history, growth & development of the Real Estate industry in San Diego County.

The National Association of REALTORS® (NAR) implemented the Clear Cooperation Policy (CCP) in May 2020, which mandates that listings be submitted to the Multiple Listing Service (MLS) within one business day of being publicly marketed. This policy, designed to ensure fairness and transparency, has sparked a heated debate within the real estate industry. Two influential voices in this discussion are Robert Reffkin, CEO of Compass, and James Dwiggins, CEO of NextHome. While Reffkin advocates for consumer choice and agent flexibility, Dwiggins argues that maximizing market exposure through the MLS is essential for ensuring sellers get the highest price for their homes. Recently Zillow also weighed on the side of Dwiggins calling out Fairhousing issues. Redfin's CEO also sided with Dwiggins while Anywhere's spokesperson called for changes to the policy.

Robert Reffkin's Position: Consumer Choice and Agent Flexibility

Robert Reffkin, as the CEO of Compass, opposes the Clear Cooperation Policy, emphasizing the importance of consumer choice in how homes are marketed. He believes that before the CCP, agents had greater flexibility to act in the best interest of their clients, allowing them to tailor marketing strategies according to their client's unique needs without being restricted by MLS rules.

Reffkin argues that some sellers value privacy over broad exposure, and the CCP forces these clients to market their homes publicly even when they would prefer not to. He highlights situations where privacy is a priority, such as when sellers are dealing with personal issues like illness or divorce. In such cases, Reffkin asserts that the policy compromises the agent's ability to act in the client's best interest by mandating public marketing, which may not align with the seller's preferences.

Additionally, Reffkin challenges the assumption that more exposure always results in a higher price. He points out that many clients, including home builders, have successfully sold properties off the MLS, suggesting that not every seller believes maximum exposure is essential. Reffkin argues that consumer choice should take precedence, allowing sellers to decide how much exposure their property receives and how they want their home to be marketed.

James Dwiggins' Position: Maximizing Exposure for Better Outcomes

James Dwiggins, CEO of NextHome, presents a contrasting viewpoint. He defends the Clear Cooperation Policy, arguing that its purpose is to ensure that all listings receive maximum exposure, which he contends is crucial for sellers to achieve the best price for their homes. According to Dwiggins, the MLS system levels the playing field by making listings available to the entire marketplace, benefiting both consumers and the real estate industry as a whole.

Dwiggins stresses that before the CCP, large brokerages often held back listings for internal promotion, limiting the competition that benefits sellers. By keeping listings off the MLS, these firms reduced the pool of potential buyers, often leading to lower sale prices for homeowners. Dwiggins argues that market exposure through the MLS ensures that listings reach the widest possible audience, which creates a competitive environment and drives prices up.

While Reffkin advocates for consumer choice, Dwiggins emphasizes that most sellers—around 99%, by his estimate—want to maximize the value of their home. He highlights studies showing that homes sold off-MLS can lose anywhere from 5% to 17% of their potential value compared to homes listed on the MLS. For Dwiggins, the key to protecting consumers' financial interests lies in ensuring their property is seen by as many potential buyers as possible, rather than limiting exposure for the sake of privacy or exclusivity.

Dwiggins also warns of the legal and reputational risks of eliminating the CCP. He points to previous lawsuits filed by sellers who felt misled by agents into keeping their homes off the MLS, only to discover later that they could have received a better price by listing publicly. Without the CCP, Dwiggins argues, large brokerages would revert to promoting exclusive listings internally, hurting consumers and the industry's reputation in the long run.

Comparing Consumer Choice and Market Exposure

At the core of this debate is a fundamental difference in how Reffkin and Dwiggins view the best way to serve consumers. Reffkin prioritizes consumer choice, arguing that sellers should have the flexibility to decide how their homes are marketed. He believes that forcing all listings onto the MLS, as the CCP requires, limits a seller’s ability to manage personal and financial concerns on their own terms. In Reffkin’s view, the Clear Cooperation Policy reduces the options available to both sellers and agents, particularly for those who value discretion and privacy.

On the other hand, Dwiggins focuses on ensuring that consumers get the highest price for their homes through maximum market exposure. He believes the CCP prevents large brokerages from monopolizing listings for internal gain and protects consumers by ensuring their property is marketed to the largest possible audience. For Dwiggins, the CCP is essential to safeguarding sellers' financial outcomes, as broad exposure leads to more competition and higher offers. He sees the MLS as the most effective tool for creating a fair and transparent marketplace, and while he acknowledges the policy can be improved, Dwiggins insists that its core purpose—guaranteeing market access—must remain intact.

Conclusion: Consumer Choice vs. Market Exposure

The debate over the Clear Cooperation Policy ultimately comes down to a question of how best to serve consumers: Is it more important to prioritize consumer choice, or is maximizing market exposure the best way to protect homeowners’ financial interests?

Reffkin argues that sellers should have the freedom to choose how their home is marketed, particularly when privacy or personal concerns are at play. He views the CCP as a rigid policy that limits both sellers’ and agents’ ability to navigate complex situations in a flexible manner.

Dwiggins, in contrast, contends that the true benefit to consumers lies in giving their homes maximum exposure to the marketplace, ensuring they receive the highest possible price. He argues that the CCP protects sellers by preventing exclusive, off-MLS listings that often result in lower sales prices. For Dwiggins, market exposure is critical to safeguarding consumers' financial outcomes.

As the real estate industry continues to debate the future of the Clear Cooperation Policy, the central question remains: Should the industry prioritize consumer choice or market exposure? Both perspectives highlight important considerations, but the answer will ultimately shape the future of real estate transactions and the value sellers receive from their homes.

Understanding Rent Control and Proposition 33

Rent control policies, such as those proposed under Proposition 33, aim to limit the amount landlords can charge for rent. While these policies are often introduced to protect renters, they can lead to unintended and harmful consequences for renters, property owners, and the broader housing market. Proposition 33, in particular, seeks to expand rent control by eliminating the protections provided under the Costa-Hawkins Rental Housing Act, which currently exempts single-family homes and new construction from local rent control ordinances.

Distortion of Supply and Demand

Rent control disrupts the natural balance of housing supply and demand. By capping rents, developers and property owners lose the financial incentive to build or maintain rental properties, leading to a reduction in the overall supply of housing. As the supply decreases, demand continues to rise, particularly in high-demand areas, resulting in a housing shortage. This shortage makes it increasingly difficult for renters to find available units, driving up competition and ultimately exacerbating the very affordability issues rent control aims to address.

Impact on Single-Family Homes and Property Owners

Proposition 33 would remove the current protections for single-family homes under Costa-Hawkins, allowing local governments to impose rent control on these properties. This change would have far-reaching effects on homeowners, including retirees, service members, and others who might want to return to their homes after renting them out. These homeowners could be restricted from setting their own rental rates, limiting their ability to use or sell their properties as they see fit.

For property owners looking to sell their rental properties, Proposition 33 would further complicate matters. Under rent control, the value of these properties may decrease, limiting the pool of potential buyers. Instead of selling to first-time homebuyers or middle-class families, owners may be forced to sell to wealthy investors who can navigate the complexities of rent-controlled properties. This dynamic could further exacerbate housing inequality and reduce homeownership opportunities for many Californians.

Does Rent Control Truly Benefit the Poor?

While rent control is often marketed as a tool to help low-income renters, it does not require that applicants pass a means test to qualify for these benefits. As a result, rent-controlled units are sometimes occupied by higher-income tenants who do not need the financial assistance intended for the poor. This situation creates an unfair advantage for wealthier individuals who secure these below-market rents at the expense of property owners, who are forced to subsidize these tenants.

Moreover, wealthier individuals living in rent-controlled units are unlikely to leave, as they continue to benefit from artificially low rents. This reduces turnover and makes it more difficult for new residents, especially those from low-income backgrounds, to find affordable housing. In some cases, these individuals can even maintain their rent-controlled units while subletting them to others at higher rates, further distorting the market and benefiting those who do not need the help.

This inequity highlights a fundamental flaw in rent control policies: they do not necessarily target those most in need of housing assistance. Instead, they can provide significant benefits to those who are already financially secure, exacerbating the challenges faced by low-income renters who are unable to compete in a market with limited affordable housing options.

Landlords Targeting “Better” Tenants

Another unintended consequence of rent control is that it incentivizes landlords to be more selective about the tenants they accept. Knowing that they could be stuck with a tenant indefinitely, landlords may prioritize applicants with higher incomes, stable jobs, and strong credit histories, effectively shutting out lower-income renters. This selective process can deepen inequalities in the housing market, making it even harder for vulnerable populations to secure housing.

In some cases, landlords may even choose to convert rental units into condominiums or sell their properties to avoid the restrictions of rent control altogether. This further reduces the availability of rental housing and can contribute to gentrification, where lower-income residents are displaced from their neighborhoods.

Impact on Local Governments

The ripple effects of Proposition 33 extend to local governments as well. As property values decline due to the reduced profitability of rent-controlled properties, so too does the property tax revenue that local governments rely on to fund essential services like public safety, education, and infrastructure. In cities where rent control is widely implemented, these reductions in revenue can lead to budget shortfalls, forcing cuts to critical services that impact the entire community.

Additionally, as the rental housing market contracts, the housing shortage could worsen, leading to increased homelessness and placing further strain on government resources. Local governments may find themselves in the difficult position of having to address the unintended social consequences of rent control, from increased demand for social services to the need for more affordable housing construction, which itself may be hampered by the disincentives created by Proposition 33.

Conclusion

Proposition 33 and the expansion of rent control might seem like a solution to California’s housing crisis, but they are more likely to exacerbate existing problems. Rent control distorts the housing market by reducing supply and increasing demand, often failing to benefit the low-income renters it is supposed to help, and encourages landlords to be more selective, shutting out those most in need of affordable housing. Additionally, the policy threatens to reduce property tax revenues, which could lead to cuts in essential public services and worsen the state’s housing shortage.

Furthermore, by allowing rent control on single-family homes, Proposition 33 risks harming retirees, service members, and other homeowners who may wish to return to or sell their properties. It also limits opportunities for first-time homebuyers, favoring wealthy investors who can navigate the complexities of rent-controlled properties. The opposition from leaders like Senator Toni Atkins and Mayor Todd Gloria underscores the potential damage this proposition could do to housing development and affordability.

Moreover, rent control does not require means testing, which can lead to situations where wealthier individuals benefit from below-market rents at the expense of property owners and those who truly need affordable housing. This lack of targeting makes rent control not only ineffective but also unfair, as it can allow wealthier tenants to remain in rent-controlled units indefinitely, further reducing opportunities for low-income renters.

For these reasons, it is crucial to oppose Proposition 33. Instead of expanding rent control, California needs policies that encourage the development of more housing, improve the quality of existing rental units, and truly address the needs of low-income renters. Only by addressing the root causes of the housing crisis can we create a more stable and equitable housing market for all Californians.

Long-time PSAR member & REALTOR® Enrique Adriano Toledo, age 59, of Chula Vista, California, passed away on Monday, March 13, 2023. Enrique was born in Cavite, Central Luzon, Philippines.  Ricky was active at PSAR's Pitch Sessions.  Ricky worked at a number of South County Brokerages and most recently worked at Coldwell Banker West and then Better Homes and Gardens Real Estate Clarity.

REALTOR® Zenaida Sewell appreciates the mentorship Ricky provided her.  "He was very kind, always has a great smile, and was always willing to help. He loves what he does which was helping people."   

PSAR Board member Merrie Espina knew Ricky for over 20 years.  "He was a community volunteer and gave back to make a difference to several organizations."   

PSAR Member Robert Stanfill said "Ricky was a very close friend and colleague.  With his great sense of humor and creativity, it was always fun and interesting to spend time with him outside of work.  I could always depend on him if I needed help.  Working with him on transactions he was always one hundred percent vested in his clients.  They were like family to him and ended up clients and friends for the long term."

PSAR member and Ricky's long-time friend Jay Norris said "Ricky always maintained good spirits even though his body was breaking down for at least the last 20 years. He had a kidney transplant 17 years ago and constantly was striving to get his health back. Ricky was someone I could always talk to when I had something I needed to sort out in my life, career, or just about anything. He was a very good friend. He’ll be missed by many and I know I’ll miss him very much"

Join family, friends, and colleagues at two events at Glen Abbey Memorial Park and Mortuary, 3838 Bonita Road, Bonita, CA 91902. A visitation at the Magnolia  Room for Enrique will be held on the following dates.  Please let the family know that you will attend here. 

Wednesday, April 5, 2023, from 5:00 PM to 9:00 PM.

The following day, a funeral service at the Chapel of the Roses will occur
Thursday, April 6, 2023, from 4:00 PM to 5:00 PM.

Friend, Annabel Walden has set up a GoFundMe page to help the family with the financial burden of the funeral cost and memorial services here.

Please comment below with memories that you may have.

(pictured Alfonso Delgadillo, Sergio Palomino and Ricky Toledo)

IF YOU CAN'T AFFORD A $2,600 fine, PLEASE do help yourself and understand the MLS rules. PSAR doesn't have any power when it comes to CRMLS fines.  The rules are made by REALTORS who serve on the CRMLS Board of Directors.

Think you know the rules? Take this Compliance Quiz.

If you get less than 100%, think about taking some training.

It is important that you understand top MLS violations and avoid costly fines. By taking this Top Violations Overview training, you will be educated on CRMLS Rules & Regulations and fines, the CRMLS Citation Policy, and a whole lot more.

Why you may see 'SD' at the end of listing IDs and what you need to do 

Learn how to properly identify SDMLS listings below 

You may start noticing that certain listing IDs in your MLS have a new suffix: 'SD.' For example: 2200000582SD.

On 1/1/2022, San Diego MLS changed its listing ID conventions. This change meant that some new SDMLS listings now use duplicate IDs. The new listing ID numbers are the same as IDs of older listings from our data share partners. Using the same listing ID for multiple listings causes data collisions in the MLS and confusion for real estate professionals who want to find specific listings.

To avoid these issues, CRMLS updated IDs for the listings. These listings and all SDMLS listings will appear with the letters 'SD' at the end of their ID numbers.

This change will impact your MLS ID searches in all MLS platforms. See below:

If you are using Power Search…

Searching for a 2022 SDMLS listing ID without the 'SD' suffix in Power Search will return all listings that begin with that listing ID, including the SDMLS listing and an older listing ID from a data share partner. The listing ending in 'SD' is an SDMLS listing from 2022.

If you are using Quick Search…

     

If you don't include the 'SD' suffix in Quick Search, Paragon will only return the listing that exactly matches the number you enter. To ensure you find the right listing, make sure you include the 'SD' ending.

             
               Doesn't show the newer listing                             Now shows both but must add suffix 'sd'

On third-party sites…

Depending on the site, you and your clients may see either the listing ID ending in 'SD' or the listing ID without 'SD.' When you're unsure which ID the site will use, it's best to reference other details for the listing, as its Active date or address.

The U.S. Department of Housing and Urban Development (HUD) awarded $47.4 million to fair housing non-profit organizations around the country.  At least two of the organizations are based in San Diego. In September these testing organizations received  $653,000 for the Private Enforcement Initiative (PEI).  According to HUD, these organizations will conduct intake and testing.  They will investigate and litigate fair housing complaints under the Fair Housing Act. According to the Department of Justice website:

"Testing refers to the use of individuals who – without any bona fide intent to rent or purchase housing, purchase a mortgage or vehicle loan, or patronize a place of public accommodation – pose as prospective renters, borrowers, or patrons for the purpose of gathering information. This information may indicate whether a provider is complying with federal civil rights laws. The primary focus of the Section's Fair Housing Testing Program has been to identify unlawful housing discrimination based on race, national origin, disability, or familial status in violation of the Fair Housing Act. The Section also has responsibilities to enforce Title II of the Civil Rights Act of 1964, the nation's public accommodations law; the Equal Credit Opportunity Act, which prohibits discrimination in credit; and the Servicemembers Civil Relief Act, which provides protections for military members as they enter active duty. The Fair Housing Testing Program also conducts testing under these statutes, as well as under the Americans with Disabilities Act, which is enforced by the Disability Rights Section of the Civil Rights Division."

Agents must also understand that California has additional protected classes including Ancestory, CREED, Gender Identity, Medical Condition, Source of Income/Occupation, and "Other Arbitrary Discrimination."  The definition of a "Protected Class" is all-inclusive in California.  Agents need to be aware of their unconscious biases and be careful to treat everyone equally.

In March of 2021 HUD Published the 2021 civil penalty amounts for fair housing violations. Civil penalties may reach a maximum of $54,157 and respondents who had violated the Act two or more times in the previous 7 years could be fined a maximum of $108,315.

PSAR, NAR, and C.A.R. have been diligent and have provided fair housing resources for Realtors for many years. During the past two years following the Newsday Investigation called "Long Island Divided" the Associations doubled down the efforts.  PSAR has hosted or promoted at least eight opportunities this year for agents to better understand fair housing.  NAR also prepared a "gamified" training to help agents understand the law.  The game is called Fairhaven.  More information may be found here.

Testers may be reaching anonymously to agents and property managers in the field.  The best practice is to understand and obey the law.  PSAR agents are the most professional in California and the Nation. PSAR's staff and volunteer leaders are available to help our members with resources and training. This law is important and there is no room for error.

Watch this video to see how real estate agents treated undercover clients on Long Island.

With direction from PSAR's 2021 President Ditas Yamane, this week PSAR released a short promotional video highlighting PSAR's Mission to Empower Realtors.   

Serving San Diego County, PSAR empowers Realtors with help from the largest MLS in the Country, CRMLS.   PSAR Advocates for Private Property Rights and Homeownership. The organization adheres to the highest levels of professionalism.

It is common knowledge that PSAR's Members Services Team takes pride in providing the highest level of service in the industry. Service is so important that our three service centers in Clairemont, Chula Vista, and El Cajon remained open throughout the pandemic while adhering to local, state, and national guidelines. 

Check it out!

 

Win an iPad Pro & avoid additional fees by simply paying 2021 REALTOR^® dues on time by December 31st, 2020**.

• All current active members on the PSAR monthly payment plan for 2021 qualify!
• Those on autopay for annual dues will also be entered to win!

Watch the drawing on the Thursday, January 14th Rally and Ride Pitch Session at 9:00am. We will also be streaming on PSAR's Facebook Group!  Members do not need to be present to win.