BEST Practice

Once a property is sold, in both SDMLS and in CRMLS, to make your listing to be available for comparables, input the entire Concession Amount into the Concession Comment Field so agents in both MLS systems know what it is.  It is critical that agents list all concession amounts and what they were allocated towards so that other agents know what was given as a buyer concession vs a commission concession.  Find out why by reading this post.

Key Differences Between SDMLS and CRMLS when Researching Comparables Post Settlement. These Fields are available to complete after a property has sold and is being moved from pending to sold status.

SDMLS Approach:
SDMLS has specific guidelines regarding the disclosure of seller concessions. According to their Q&A on policy changes post-settlement:

“Seller-offered concessions should be mentioned in the Confidential Remarks field with the instruction to contact the listing agent for details.”

In SDMLS, agents can use the “Concessions Comments” field to input details about seller concessions. This field allows for flexibility, with comments that may include text descriptions or numeric values. For example, agents might see comments like:

• • “$2,990 for wood-destroying pest repairs”
  • “Closing costs covered by the seller”
  • “$5,700 Seller Credit”

While these comments provide valuable information, they can be inconsistent in format and detail, which may complicate property comparisons.

CRMLS Approach:
CRMLS still includes the flexible comment section and this is the field that will be shown in the SDMLS system, but CRMLS takes a different approach to reporting concessions. The CRMLS system provides a breakdown of seller concessions at the close of a transaction, with the mandatory fields categorized as follows:

• • Closing Costs (e.g., escrow and title fees)
  • Property Improvements (e.g., repairs and upgrades)
  • Financing Costs (e.g., loan origination fees, discount points)
  • Buyer Broker Fee (amount the seller paid directly to the buyer’s broker)
  • Other

This breakdown ensures that agents and their clients have a clear understanding of how concessions, were applied.

Viewing Concessions Across the Two Systems

When navigating concessions in the dual MLS marketplace, agents will see different displays depending on the MLS they are accessing.

For CRMLS subscribers, the report for CRMLS listings will include a detailed breakdown of concessions by category (circled in red.) The example below shows how these details are presented. If an SDMLS agent included a remark in the “Concessions Comments” field, those details will appear in the highlighted sections shown in yellow here:

CRMLS Paragon View (Actual PSAR listing)

For SDMLS users viewing CRMLS listings, the screen (below) will display the structured concession breakdown on the right side, while any SDMLS-specific remarks will be visible on the left:

SDMLS Paragon View (Same Actual PSAR listing)

CRMLS Paragon View (Actual SDMLS sold listing)

SDMLS Paragon View (Actual SDMLS sold listing)

Understanding these distinctions is essential for agents who need to pull comps from both MLS systems. Accurate comparisons require not only the ability to see the numbers but also to understand the context in which they’re reported.

Navigating the Differences

For agents working in either MLS system, it’s important to recognize how each handles concession disclosures and reporting. When pulling comps, take note of the differences between SDMLS’s more flexible comments and CRMLS’s detailed breakdown. Adjusting for these variances allows you to deliver more precise market analyses to your clients, ultimately helping them make better-informed decisions in San Diego’s dynamic real estate market.

TRACY MORGAN HOLLINGWORTH

PSAR GOV’T AFFAIRS DIRECTOR (1956-2024)

(Services)

The PSAR family is heartbroken at this time following the sudden passing of Tracy Morgan Hollingworth, who held PSAR’s Government Affairs Director position for the past 21 years. According to husband Andrew Hollingworth, Tracy passed away peacefully in her sleep on August 5. She was 68 at the time of her passing.

Considered the dean of real estate lobbyists in San Diego County, Tracy was greatly loved and admired. No one in San Diego had worked longer in real estate government affairs than Tracy. She was proud of her record of longevity in government affairs services among Realtors in California-based REALTOR® associations.

Tracy was more than just a colleague. She was a pillar of the community, a dedicated leader, and a true friend to many. She served on many boards and commissions in service of her community and as recently as July 23, she attended a meeting between members of the PSAR Government Affairs Committee and California State Senator Brian Jones. Over the years, her savvy political advocacy efforts contributed to the prevention of passage of many state laws deemed detrimental to the best business interests of PSAR members.

Rich D’Ascoli, PSAR CEO, commented, “As a REALTOR® advocate for PSAR, Tracy was instrumental in defeating rent control in National City, a critical victory for property owners. She also played a key role in protecting private property rights in East County by helping as an opposition member to downzoning efforts. Her advocacy extended to the county level, where she worked on several land use initiatives, including the General Plan update, to ensure the interests of private property owners were represented and protected.”

PSAR member Mike Anderson, a long-time participant on the PSAR Government Affairs Committee, stated, “Tracy’s governmental updates for the GA committee were always thorough and enlightening, and she was invaluable during our GA meetings and on our annual Sacramento Legislation Day trips.”

A San Diego native, Tracy was born Jan. 2, 1956. She grew up in the East County and attended Flying Hills Elementary School in El Cajon and Cajon Valley Junior High. Her grandfather had moved with his family from Illinois to the Bostonia area of El Cajon in 1911, so her East County roots ran deep. She graduated from Santana High School in Santee. At Santana, she organized school assemblies and served as a peer counselor, confidentially assisting other students with personal problems ranging from family issues to drug addiction.

As a summer job, she worked in the Kings Canyon National Park, where she met actors Tim Conway and Harvey Korman, alums of the long-running TV show "The Carol Burnett Show", who were traveling with their families.  After summer's end, she was awarded a scholarship and attended Mount Vernon College, a women’s college in northwestern Washington, D.C., from 1976 through 1977. There, she studied international law and worked alongside professors who helped craft legislation for members of Congress. She also took a “Comparative Politics” course, for which she traveled to Rome and London and met with national lawmakers.

In 1977, Tracy landed a staff position with California U.S. Senator S.I. “Sam” Hayakawa. Tracy assisted in the drafting of legislation that helped San Diego’s tuna fishing industry stay competitive with fishing fleets in other countries. Later, while completing her bachelor’s degree in political science and economics at San Diego State University, she worked to implement those policy recommendations.

An economics professor encouraged her to join an internship program at the state Capitol in Sacramento.  While there, she earned a master’s degree from California State University, Sacramento. She spent 10 years working at the state Capitol for members of the California State Assembly, the League of California Cities, and other governmental bodies. During her time with the State Assembly, Tracy worked with key policy staff to draft legislation designed to create the California Welfare to Work Program, the first and only tax surplus rebate to state taxpayers. She also helped the California Association of REALTORS® carry a bill that expanded the C.A.R. Legal Action Fund.

Tracy met her husband Andrew "Andy" Hollingworth while both were working late hours analyzing committee bills for hearings. Before the age of PCs, the state had developed a cumbersome computer network that Andy had mastered. Andy, who was working as an advisor to four legislative committees, instructed Tracy on how to search for key bill information that showed legislators what special interest groups were supporting certain legislation and what organizations supported or opposed the legislation. Tracy and Andy dated four years before Andy proposed on one knee in the snow during a trip to Lake Tahoe.

Tracy’s work in the Legislature led to her serving 13 years with the Sacramento Association of REALTORS® (1988-2001). She then spent 21 total years serving the East San Diego County Association of REALTORS® (ESDCAR) and Pacific Southwest Association of REALTORS®  following the merger of the two associations.

In 2002, she started her own association management consulting firm. In addition to PSAR members, her clients over the years included the American Society of Landscape Architects San Diego Chapter, California Council of the American Society of Landscape Architects, East Otay Mesa Property Owners Association, California Municipal Managers Association, ACE Mentor, Urban Land Institute and several other land-use organizations.

Tracy is survived by her husband of 35 years Andrew Hollingworth, sisters Kathleen Morgan and Mary Ellen Morgan, and their 90-year-old mother Diane Morgan. Andrew stated that he was Tracy’s confidant as well as business partner. “We collaborated on everything, Tracy was a wonderful spouse and partner. She was the smartest person I know of in terms of land use real estate policy and politics. She has mentored many real estate lobbyists and elected officials. Tracy lived and breathed real estate.” In March of this year, Tracy and Andrew participated in a formal marriage recommitment ceremony officiated by County Assessor-Recorder-County Clerk Jordan Z. Marks.

“Tracy was fiercely loyal to her friends in good times and bad, and friendly and helpful to everyone,” said Andrew. “Once you were her friend you remained so for life.”

Services 

The family has planned the following public events to celebrate Tracy’s life:

A viewing will be held from 9 a.m. to 1 p.m., Monday, Aug 26, at Glen Abbey Mortuary’s La Jolla Chapel facility in Pacific Beach, located at 4710 Cass St., at the corner of Cass and Diamond Streets.

Burial and prayers will follow at 2 p.m. at Glen Abbey Memorial Park, located at 3838 Bonita Road, Bonita.

A celebration of life ceremony will be held from 12 p.m. to 1 p.m., Saturday, Sept. 7, at La Jolla Presbyterian Church sanctuary, located at  7715 Draper Ave., La Jolla. The parking garage entrance is on Kline Street. A reception will follow in the church Fellowship Hall located across the courtyard.

For more information about these public events, contact Kathleen Morgan at katinparis03@yahoo.com.

PSAR expresses our sincere condolences to the Hollingworth family at this time. Cards and notes can be mailed to the PSAR offices.

Recently, PSAR members met with California State Senator Brian Jones, who has represented the 40th Senate District since 2018. He is currently serving as Senate Minority Leader.

The major topic discussed at the meeting with Jones is the housing shortage. High home prices and mortgage rates have created a chilling effect on the housing market, frustrating aspiring first-time buyers and homeowners looking to move. Adding to the misery, the low housing supply has kept prices up, even as elevated borrowing fees bite into purchasing power and affect affordability. 

Also, prospective sellers are deterred over concerns about the mortgage rate they would incur with their next home, creating a “lock-in effect” that constrains the market. The lock-in effect occurs when homeowners who secured ultra-cheap mortgages when interest rates were low now feel trapped in their current property and reluctant to relocate, thus, limiting the number of existing homes available for sale.

Sen. Jones told PSAR members he believes there are ways to increase the inventory of single-family homes to first-time buyers by making it easier for older homeowners looking to downsize.

In addition, PSAR members heard Jones's request for the Association’s assistance with researching San Diego County homeowners, ages 55 and older, who might be interested in downsizing.

Jones said he believes more homeowners would be receptive to relocating to smaller homes, giving more options to first-time buyers, if benefits were available that still offered attractive living amenities.

One idea is to examine the incentives currently available for subsidized rentals and then apply those same incentives toward the creation of entry-level ownership housing. Another idea is to make it easier for developers to build entry-level homes by offering the same programs that benefit for-profit and non-profit builders of rental housing.

Overall, PSAR members described the meeting with Jones as “productive” and “enlightening.” PSAR members thanked the Senator for his continued partnership in looking for solutions to the housing shortage. 

The 40th California State Senate District includes more than 1 million residents of East and North San Diego County. The 40th Senate District includes the cities of Escondido, Poway, San Marcos, Santee and San Diego City communities of Carmel Mountain Ranch, Mira Mesa, Rancho Bernardo, Rancho Peñasquitos, Scripps Ranch, Sorrento Valley and University City, along with the San Diego County unincorporated communities of 4S Ranch, Alpine, Bonsall, Fallbrook, Lakeside, Pine Valley, Rainbow, Ramona and Valley Center.

Jones grew up in the 40th District. He attended Santee Elementary, Cajon Park Middle School, and Santana High School, and earned a bachelor’s degree in business administration. Jones served eight years on the Santee City Council followed by three terms (2010-2016) in the State Assembly before his first election to the Senate in 2018. PSAR endorsed Jones in his 2022 reelection bid.

C.A.R. UPDATES   |   NAR UPDATES   | CRMLS UPDATES

Be prepared for major changes in Real Estate transactions and buyer representation that roll out this summer.
Updated July 31st, 2024.

Why will the Practice Change on August 17, 2024?

PSAR, CAR, and NAR offer educational resources to Realtors that target their need to quickly learn about policy and procedural changes and how to conduct business in the real estate marketplace after August 17 of this year. (Note: NAR or CAR login is required to access many of these member benefits)

The post-settlement contracts are finalized and Michael Shenkman is conducting a series of classes to explain the use of the new contracts from both sides of a transaction.
In this three-part series, Mr. Shenkman explains how the post-settlement changes integrate with the form groups (BRBC, RLA, RPA) in different stages of the real estate process.  Classes will be held at PSAR's Central Office.  August 13th: BRBC   |  August 15th: RLA  | August 20th: RPA

Get up to speed on C.A.R. forms updates and how to utilize the revised versions in your business transactions.

CAR Town Hall Meetings (Recording Available)

CAR Form Training Free for members use code FORMS49   (Register Here)

C.A.R. New Forms & Business Practice Resources (Updated August 9, 2024)

• Forms and resources
• News and Statements
• Legal Presentations & Townhalls
• Courses & Training Video
• Designated Email Address for Forms Questions: july2024forms@car.org

July 10, 2024 Forms release List of new & revised FORMS RELEASE: 
(note: items with an asterisk indicate new forms)

• • Broker Compensation Advisory (BCA)
  • Buyer Financial and Personal Information (BFPI)*
  • Buyer Identification of Preferences and Priorities (BIPP)*
  • Buyer Material Issues for a Specific Property (BMI-SP)*
  • Buyer Representation and Broker Compensation Agreement (BRBC)
  • Cancellation of Buyer Representation (COBR)
  • Modification of Terms – Buyer Representation Agreement (MT-BR)*
  • Modification of Terms – Listing Agreement (MT-LA)*
  • Multiple Listing Service Addendum (MLS)*
  • Notice of Broker Involved Properties (NBIP)
  • Open House Visitor Non-Agency Disclosure and Sign-In (OHNA-SI)*
  • Property Showing and Representation Agreement (PSRA)*
  • Residential Listing Agreement (RLA)
  • Residential Purchase Agreement (RPA)
  • Seller Payment to Buyer’s Broker (SPBB)
  • Tenant Representation and Broker Compensation Agreement (TRBC)*
  • Other listing agreements and purchase agreements have also been conformed to the changes to the RLA and RPA, respectively.

Latest updates from NAR

• NAR Settlement FAQs: More info.

Fine-tune your knowledge and skill set by attending a FREE Accredited Buyer's Representative (ABR) class.

If you missed the live PSAR l ABR class, the NAR offers two free alternatives:
 

• • • Schedule a live instructor-led online ABR class. Select <ABR Designation> as the course title, and <Instructor Led> as the Delivery Format here. This usually paid-for class is FREE until the end of 2024; the cost returns to $110 in 2025.
      
      
    • Take a Free self-paced 12-hour online course.  Access it here.

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Latest updates from CRMLS

• CRMLS resources, policy changes, Concessions Field, and a video from the CRMLS General Counsel: More info.
• Compensation is to be removed from CRMLS on August 13th.
• A summary of information about the NEW CRMLS Concessions Field from PSAR is here.
• CiP Field
  • As of 7/30, the Concessions in Price (CiP) fields containing the ($) and (%) options have been removed from all CRMLS systems. The only field that remains is the "Seller Consider Concessions? Y/N", and this field will continue to be an option for listing input going forward.
• SUPER IMPORTANT FAQ
  • It’s a one-stop shop for tying a lot of the floating pieces together. Some scenarios are included! HERE 

Live Webinar with Art Carter & Ed Zorn - CRMLS Industry Updates & MLS Changes
Join CRMLS CEO Art Carter and VP & General Counsel Ed Zorn for a special update about the new world of real estate. Registration is free but space is limited, so sign up now!

• Tuesday, August 20^th | 2:30pm-3:30pm | REGISTER  

These topics and more:
-Important rule changes effective 8/13
-New violations and fines
-Use of new/revised C.A.R. forms
-How to navigate common transaction scenarios 

Hermila "Mila" Cesena was born on April 7, 1943, in Mazatlán, Mexico, to Maria Consuelo Alvarado and Jesus Raymundo Galdeano. She was the mother-in-law of PSAR Committee member Juliette Montoya-Cesena, was an agent with Berkshire Hathaway, and was a member of PSAR since 1978.

She grew up and attended school in Mazatlán before moving to Tijuana at age 15. There, she met her future husband, Jesus Cesena, and they remained married for 61 years. Together, they had two sons, Jesus and Carlos, and also raised Mila’s younger brothers, Alvin, William, and Edward, after their mother passed away from lupus. She joined PSAR in 1978 and worked with Berkshire Hathaway.

In the early 1970s, Mila earned her real estate license.  Real estate became her passion and lifelong career. She was dedicated to helping her clients achieve homeownership, counseling them to pay off their home mortgages as soon as possible. She cherished hearing from clients who had achieved the goal of complete homeownership. 

Mila had a vibrant personality and was known as the life of the party, brightening the mood of those around her. She loved to dance and create a fun environment for everyone, going out of her way to raise the spirits of those who seemed down.

Family was very important to Mila. She enjoyed family vacations and cherished time spent with her loved ones. Fond family memories include summer vacations to Mexico with her sister-in-law and her boys.   Mila also found peace in long walks on the beach, taking in the sights and sounds of the ocean that imparted a sense of tranquility and peace of mind.

Hermila Cesena's mass will be held on 7/26/24 at
Corpus Christi Catholic Church, Bonita at 12 noon
Followed by interment at Glen Abbey Memorial at 2:00 PM.

If you are looking to Chat or File a Ticket with CRMLS Compliance or Support, it's moved.  Here is a quick video Tutorial on where to look.

Click here to see a quick video on where to look.  

Picture a frantic call from a potential renter who's just realized they've been scammed using your property's listing.

Scammers are increasingly targeting properties listed for sale, marketing them as rentals on platforms like Craigslist and Zillow. This alarming trend not only undermines trust in real estate transactions but also creates significant issues for property owners and REALTORS®. As REALTORS®, it's crucial to be vigilant and take proactive measures to protect your listings. Here’s how you can stay ahead of these scams and what to do if it happens to you.

Understanding the Scam

A typical scam involves a fraudster picking up a "For Sale" property and posting it as a rental. They solicit application fees and deposits from unsuspecting renters, claiming to be the owner. One such incident involved a scammer posting a rental listing on Craigslist and Zillow, soliciting an application fee. The scam is usually identified when a potential renter contacts the legitimate listing agent or the homeowner.

The Impact on Agents and Owners

While tenants can lose money, the repercussions for property owners and agents can be equally as severe. A defrauded tenant might move into the property, and due to California’s tenant protection laws, removing them can be a lengthy and complex process for both the tenant and the owner. This situation creates legal and financial challenges for the property owner, the tenant, and the REALTOR® managing the listing.

Steps to Prevent Scams

1. Regular Monitoring:

   • Frequently check platforms like Craigslist, Zillow, and others for unauthorized rental listings of your properties.
   • Set up Google Alerts for your property addresses to receive notifications if they are mentioned online.  Here are instructions for doing so.

2. Clear Communication:

   • Inform your clients about the potential for scams and advise them to contact you if they receive any suspicious inquiries.
   • Ensure your contact information is prominently displayed on your listings and signage.

3. Educate Your Clients:

   • Inform sellers about the scam and encourage them to report any suspicious activity they encounter.
   • Provide them with a list of red flags to look for, such as requests for payment before seeing the property or communications from email addresses that do not match the legitimate owner’s contact information.

What to Do If Your Property Is Scammed

1. Report Immediately:

   • Contact the platform where the fraudulent listing is posted (e.g., Craigslist, Zillow) and request immediate removal.
   • Report the scam to local police, the County Sheriff, and the District Attorney’s office.
   • Notify the Federal Trade Commission (FTC) and the Attorney General’s office.
   • Here is a list of contacts provided by the San Diego DA

2. Inform All Parties:

   • Notify your seller and any legitimate tenants about the scam.
   • Advise them to be vigilant and report any suspicious activity.

3. Document Everything:

   • Keep detailed records of the fraudulent listing, including screenshots, communication with the scammer, and any reports filed with authorities.

4. Legal Considerations:

   • Consult with legal professionals to understand the implications of a defrauded tenant occupying the property.
   • Prepare for possible eviction proceedings, which may require legal assistance due to California’s tenant protection laws.
5. Secure the Property
   • Change the locks to prevent unauthorized access.
   • Add security cameras to notify you of unauthorized access.
   • Consider removing lockbox access.
   • Consider private security.

By following these steps, you can significantly reduce the risk of your listings being targeted by scammers. Stay vigilant and proactive to protect your clients and your reputation in the real estate market.

How to Set Up a Property Alert Using Google Alerts

Setting up Google Alerts is an effective way to monitor your property addresses and stay informed about any unauthorized listings or mentions online. Here’s a step-by-step guide to create a Google Alert for a property address:

1. Go to Google Alerts:

   • Open your web browser and go to Google Alerts.

2. Enter the Property Address:

   • In the search box at the top of the page, enter the property address you want to monitor. Use quotation marks around the address for more precise results (e.g., "123 Main Street, San Diego, CA").

3. Customize Your Alert:

   • Click on “Show options” to customize your alert settings:
     • Frequency: Choose how often you want to receive alerts (e.g., as-it-happens, once a day, once a week).
     • Sources: Select the sources you want to include (e.g., news, blogs, web, video).
     • Language: Set the language for your alerts.
     • Region: Specify the region to refine your results.
     • How many: Choose between "Only the best results" or "All results" based on your preference.

4. Set Up Notifications:

   • Enter your email address to receive the alerts. If you are signed in to your Google account, it will automatically use your account email.

5. Create Alert:

   • Click on “Create Alert” to finalize the setup. You will start receiving notifications according to your specified preferences.

By following these steps, you can ensure that you are promptly informed about any online activity related to your property listings, allowing you to take swift action if unauthorized listings or mentions are detected.

Updated October 25th, 2024

PSAR's CRMLS subscribers can exchange registered old Gen 1 and Gen 2 lockboxes for new ones at a discounted price of $139 while supplies last!

With the sunsetting of Sentrikey cards by Sentrilock back in March, these features are no longer available on the non-Bluetooth lockboxes:

• Non-Bluetooth lockboxes should not be bought or sold, as ownership cannot be transferred

• If one of these boxes has been inactive/not accessed for over a year and needs an internal clock reset, that action cannot be performed, which means the box will no longer function.

For more information, contact PSAR at support@psar.org, call: (619) 421-7811, or visit one of our offices.

Effective August 13:

1. Removal of Compensation Fields
   • From Matrix, Paragon, and Flexmls.
   • CRMLS Rules and Policy changes go into effect.
   • The concession field at Close will include a category list.

Key Points:

• Reason for Removal:

  • NAR settled the Sitzer/Burnett case regarding MLS commissions.
  • Compliance with the settlement requires MLS systems to remove all Compensation fields.

• Impact on Active Listings:

  • Compensation fields for Coming Soon, Active, Hold, and Withdrawn listings will be removed.

• Historical Listings:

  • Compensation fields for Active Under Contract, Pending, Closed, Expired, and Cancelled listings will remain but cannot be edited.

• C.A.R. Forms:

  • Release of updated forms postponed. Updates will be provided.

• Payment Methods Post-Removal:

  • Buyer's Broker compensation can be included in the buyer's offer.
  • Payment details can be included in the Escrow Instructions if using the C.A.R. Residential Purchase Agreement.

• CRMLS Rules & Policy Changes:

  • Rule 7.15: Renamed to No Offers of Compensation in the MLS.
  • Rule 7.19: Renamed to No Disclosure of Listing Broker Total Commission.
  • Rule 9.1: Renamed to Showings.
  • A signed Buyer Broker Agreement is required before showing a property.
  • View all changes here.

• Reporting Seller Concessions at Close:

  • New required fields: Closing Costs, Property Improvements, Financing Costs, Buyer Broker Fee, Other, and Total Calculated.

• Difference Between Concessions and Compensation:

  • Concessions allow buyers to choose how money is spent, supporting a consumer-centric model. Watch the Concessions vs. Compensation video for more information.

• Staying Updated:

  • Visit the CRMLS Resource Center frequently for updates and information.