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

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

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

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

The Department of Real Estate (DRE) posted FAQ’s on business practices

Posted by Richard D'Ascoli on Apr 11, 2020 1:08:40 PM

The Department of Real Estate (DRE) posted FAQ’s for business practices on the DRE's COVID-19 Updates page. The DRE also recently launched an “Ask DRE Licensing” email feature.

In addition to real time updates provided on DRE’s website, you can also subscribe to their Twitter and Facebook pages for important alerts.

In particular, this page on Business Practices is of particular importance.

. blog_DRE

 

Topics: Education, Brokers/Managers, Industry

Clerk of the Board office now by Appointment Only

Posted by Richard D'Ascoli on Apr 3, 2020 12:02:54 PM

County of San Diego

I wanted to inform everyone that since the Sheriff Deputies are not letting members of the public into the building without an escort by an employee, the Clerk of the Board, has had to change the Map Recording Process that was previously set in place. In order to ensure we have staff available and can escort customers from the building entrance,  we will now be providing map services by appointments only. If a customer’s map requires approval/signature of the Clerk of the Board (COB), the customer can call us at (619) 531-5600 or email us at cobmaps@sdcounty.ca.gov to schedule an appointment. Our website has been updated to reflect this information & I will also be posting signs at the entrances of the CAC.

Best Regards,

Samantha Lanham

Board Assistant
County of San Diego - Clerk of the Board of Supervisors
1600 Pacific Highway, Rm. 402, San Diego, CA 92101


Recorder’s Office
When a customer has a map to be recorded, they may call the supervisor line at (619) 531-5007, or email  Vanessa.ross@sdcounty.ca.gov, Carlos.argandona@sdcounty.ca.gov  and  DeAnna.Hernandez@sdcounty.ca.gov to arrange a time to do so. A supervisor or the map staff will go out of the office to get the map and payment from the customer. If it meets all requirements and is recorded, the map staff will take the receipt for payment back out to the customer. If rejected, the map will be taken back to the customer for correction.

Please note: the above process will apply while the office remains closed to the public. Once the office re-opens, map recording will once again be processed on a walk-in basis.

 

Clerk of the Board
If the map first requires approval/signature of the Clerk of the Board (COB), the customer must first call the Clerk of the Board at (619) 531-5600 or email them at cobmaps@sdcounty.ca.gov for an appointment. They are only available Monday-Friday between 8-4 for map transactions. Once they have an appointment, they should then contact us at the above information to let us know their appointment time with the COB. Once done with the COB, the clerk or customer will call the Recorder’s Office, then they will walk the map down to the hall outside our office doors, where the supervisor or map staff will retrieve the map and fees for recording. Staff will return the receipt after transaction is completed.

 

Treasurer Tax Collector
If a Map Tax Clearance Certificate is required from the Treasurer-Tax Collector (TTC), the customer may request it by mail. They need to include the Map Tax Clearance Questionnaire, a 26” x 18” copy of the map and the $108.00 fee, mailed to: San Diego County Treasurer-Tax Collector, 1600 Pacific Hwy, Rm 162, San Diego CA 92101. The TTC will mail the original clearance back to the customer. If an immediate drop off or pick up is needed, contact the TTC staff at (619) 685-2622 or email Zina.poles@sdcounty.ca.gov (she is out of the office on Thursdays).

The Map Tax Clearance Certificate may be filed by mailing the original, along with the $8.00 filing fee to the San Diego Recorder/County Clerk, P.O.Box 121750, San Diego CA 92112-1750. The certificate may also be filed at the same appointment time the map is being recorded. We will not be making appointments to file the certificate only.

 

Topics: Brokers/Managers, PSAR Benefits, Industry

NAR just launched an SBA Loan FAQ

Posted by Richard D'Ascoli on Apr 2, 2020 12:21:57 PM

National Association of Realtors has FAQ

NAR just launched an SBA Loan FAQ which covers the Paycheck Protection Program (PPP) and Economic Disaster Injury Loans (EDIL) included in the CARES Act and are available to self-employed workers, independent contractors, sole proprietors, and individuals who work on Commission: Coronavirus: NAR SBA CARES Act FAQs.  We expect another FAQ on the Pandemic Unemployment Assistance (Unemployment Insurance) to be released later today or first thing tomorrow.

 

Topics: Brokers/Managers, PSAR Benefits, Industry

Two New Forms Released by C.A.R.

Posted by Richard D'Ascoli on Apr 1, 2020 9:37:25 AM

To help agents navigate practicing real estate during these challenging times, C.A.R. has released these best practice guidelines that reflect C.A.R.'s understanding of Governor Newsom’s stay-at-home order. This document details recommended best practices for marketing, showing and closing on properties while maintaining compliance with CDC recommendations.

To compliment new guidelines released by CAR yesterday, today two new forms were released:

  • One is a Listing Agreement Coronavirus Addendum or Amendment (RLA-CAA) for sellers and listing agents to sign, and
  • The other is a Property Viewing Advisory and Declaration (PEAD) that is to be given to and signed by the seller, buyer, agents and anyone else who will be entering a property.

The forms can be accessed here.  These forms will be added to Zipforms.

Successful non-essential businesses, while remaining open, are changing the way they do business.  For example, while they remain open, restaurants may not serve food.  The first priority needs to be safety. If the public, the client and the Realtors is careful and safe, we will get through this crisis more quickly.

Topics: Brokers/Managers, PSAR Benefits, Industry