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.

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.

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.

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.

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.

A recent forum at the PSAR East County Events Center addressed California’s homeowner's insurance crisis. Experts shared insights and discussed ongoing efforts to improve the situation. Key takeaways include:

• Legislative Efforts: Legislators and state officials are actively working to solve insurance problems.
• Appeal Process: Consumers can appeal insurance cancellations through the California Department of Insurance.
• Regulatory Changes: The California Department of Insurance is considering regulations for forward-looking risk modeling to facilitate policy writing.
• Rate Hikes: State regulators may approve double-digit rate hikes as part of the Sustainable Insurance Strategy.
• HOA Challenges: Homeowners associations face significant increases in master policy prices.
• Early Shopping: Members’ clients should start shopping early for homeowners insurance due to rising costs.
• Cal Fire Resources: Cal Fire offers maps, home inspection resources, and suggestions for creating defensible space.
• Economic Realities: Factors like home age, and age of electrical, plumbing, and roofing systems contribute to higher rates. Inflation and increased home values also drive premium surges.
• Catastrophe Modeling: Allowing insurers to use future risk assessments with historical data might reduce reliance on the FAIR Plan, the insurer of last resort.
• FAIR Plan Safety Net: The FAIR Plan is crucial for many Californians amid climate-related threats.
• Legislative Insights: Insights into legislative efforts to control insurance costs were provided by Chris Jonsmyr from Assemblymember David Alvarez’s office.

The panelists included: Cal Fire Battalion Chief Alex Elward, Sharon Smith - California Department of Insurance, 
Maureen Moran - PSAR Member & Insurance Agent, Bob Hillard - PSAR Member & Insurance Agent, and Chris Jonsmyr - Office of Assemblymember David Alvarez

Thank you to Kay LeMenager - PSAR Broker, Organizer of the Forum, and Chair of PSAR’s Government Affairs Committee who worked with the East San Diego County Government Affairs Sub-Committee to host this informative event.  

Please see this link for an FAQ from the California Commissioner of Insurance.

    Sign up, and be a part of PSAR’s Leadership by becoming an Officer or Director.

The Pacific Southwest Association of REALTORS® (PSAR) is seeking dedicated real estate professionals who have been active on a committee to step up and run for a position on the 2025/26 Board of Directors. Play a vital role in shaping the future of the association and the real estate industry in the region.

Why Get Involved? Contributing your time and leadership to PSAR is an incredible way to give back to the REALTOR® community that helps sustain your business. Have the opportunity to:

• Influence important decisions that impact real estate professionals.
• Stay ahead of the curve on legislative issues, new laws, and industry trends.
• Expand your network by working alongside other high-caliber leaders.
• Gain valuable experience in association governance and leadership.
• Raise your profile and reputation among peers.

The deadline for Submission is Friday, April 26, 2024 (5 PM) for the following positions on the 2025 Board of Directors:

• President-Elect
• Secretary/Treasurer
• Directors (5 positions)

Make your voice heard and help uphold the professional standards and ethical values that incentivize REALTORS® to remain in the business. Submit your nomination today!

Click on the link to access the nomination forms: 

2025/2026 Board and Officer Nomination Form

2025 CAR Director Application

2025 Affiliate Director Nomination

Katie Johnson NAR's General Council shared an update today regarding the Department of Justice's (DOJ) Statement of Interest in the ongoing lawsuit, Nosalek v. MLS PIN, which scrutinizes the practice of cooperative compensation between listing and buyer brokers.

MLS PIN, not fully owned by REALTOR® associations and not bound by NAR's guidelines, mandates that listing brokers offer compensation to buyer brokers. The DOJ challenges this tradition, suggesting that listing brokers and sellers should not offer compensation to buyer brokers, aiming to change longstanding practices in real estate transactions in the U.S.

Johnson argues that the DOJ's stance could harm consumers by making it more expensive for buyers to obtain representation and limit access to housing, noting the DOJ's lack of new analysis to back its claims. She emphasizes that such DOJ interventions overlook the potential negative impacts on homebuyers, including those buying for the first time or belonging to minority groups, and could disrupt the housing market.

Despite these challenges, NAR remains committed to defending free market competition and ensuring fair home ownership access. Johnson urges members to fully understand the DOJ's position, highlighting its implications for cooperative compensation practices and the broader real estate market. She asserts NAR's dedication to navigating these issues, aiming for outcomes that support property owners and real estate professionals across America.

Hee entire update may be found on the Realtor Hub Here.

Read the DOJ,'s Statement of Interest Here

The National Association of REALTORS® released its 2023 Profile of Home Buyers and Sellers this morning, garnering coverage in a wide range of national media outlets, including CNN , Bloomberg and The Washington Post.

For most home buyers, the purchase of real estate is one of the largest financial transactions they will make. Buyers purchase a home not only for the desire to own a home of their own, but also because of changes in jobs, family situations, and the need for a smaller or larger living area. This annual survey was conducted by the NATIONAL ASSOCIATION OF REALTORS® of recent home buyers. Download Highlights (PDF 7 MB) | Get the Full Report(link is external) | News Release

Read additional highlights of the report in REALTOR® Magazine’s “12 Trends That Explain Your Clients’ Real Estate Journey.”

The annual report, which NAR has been conducting since 1981, covers demographics, preferences, and experiences of recent buyers and sellers across the United States. Data was collected from a nationally representative sample of home buyers who purchased a primary residence in the 12-month period between July 2022 and June 2023.

This year’s report shows that reliance on real estate professionals remains strong. Although 100% of respondents said they used the Internet in the home search process, a vast majority—89% of both buyers and sellers—said they worked with a real estate professional on their sale or purchase. Only 5% of sellers cited the “agent’s commission” as an important factor in choosing their agent: The reputation of the agent, whether the agent was “honest and trustworthy,” and knowledge of the neighborhood ranked as the most important factors.

Household annual income among buyers was 22% higher than last year, an indication that high sales prices and rising interest rates have eroded lower-income households’ ability to purchase a home. Among buyers who financed their purchase, the median down payment amount was also up. In this year’s report, it was 8% for first-time buyers, 19% for repeat buyers, and 15% for all buyers.

After several years of losing share in the homebuying market, first-time buyers are making headway. They made up 32% of the market, according to this year’s report—still below the historical rate of 38% but notably higher than last year’s rate of 26%.

As in past years, buyers and sellers report satisfaction with the service provided by their real estate professionals. Ninety percent of buyers said they would definitely (75%) or probably (15%) use their agent again or recommend their agent to others. Eighty-seven percent of sellers said they would definitely (73%) or probably (14%) recommend their agent for future services.

Highlights From the Profile of Home Buyers and Sellers

The Homesnap app, which is a listing search product for both listing and buyer agents, will be changed to the Homes Pro app, a LISTING-Agent search and advertising platform. While Homesnap is still currently available, the Homesnap app will fully become the Homes Pro app on October 23.   

This update comes from Homesnap: Most elements of Homesnap will forward to the Homes Pro app or redirect to Homes.com, regardless of whether or not you're a CRMLS user. In fact, many MLSs that had relied upon Homesnap have already made the transition to Homes Pro, so we're hoping for an easy change to the different platforms. 

When opening the Homesnap app or accessing the website, you'll see this splash screen informing you of the switch taking place on 10/23.

CoStar's business model is to steer all leads to the listing broker or agent and not to the buyer's agent working with a client. The business plan is to see advertising to the listing agents. 

Finding a suitable replacement for a familiar tool can be a daunting task, and the process of replacing it is no easy feat. However, below is a comprehensive list of comparable product solutions tailored to your particular MLS system. Carefully review each offer and determine whether the Homes Pro app or another CRMLS core product is a better fit for you.  Advantages of these tools include the client portal, the ability to Add/Edit, 

Paragon App Comparison
Matrix App Comparison

Learn more about the Paragon Connect Moblie Web Site

• How to Access Paragon Connect
• Learn more about Paragon Connect Video Library
• Latest Paragon Connect updates

CoStar's move to discontinue Homesnap came nearly three years after CoStar acquired Homesnap for $250 million in 2020, initially intending to enter the residential real estate market. In 2021, CoStar acquired Homes.com for $156 million and decided to make it their primary consumer brand. 

By the end of the year, Homesnap's website will redirect home searchers to Homes.com, and eventually, Homesnap will be completely phased out.

For now, Homes Pro will remain free for agents and multiple listing services (MLSs).

Candidate for Secretary / Treasurer (1 Seat)

Sam Calvano

Candidates for Director Pick Up to Five (Two-Year Seats)

Tristin Stokes	Monica Greenwood	Charmaine Orcino - Gonzales
Paula Gonzalez	Jim O'Donnell	Norma Scantlin
	Rebecca Pollack-Rude

PSAR members get to engage in the decision-making process and choose our leaders. The association's management of policies, programs, events, and investments has a direct impact on our personal lives and businesses. Elected Directors not only offer practical guidance but also motivate the association to strive for greater heights.

It takes just a few minutes to cast your vote, but the outcomes can be significant. Take the time to make a difference and shape the future of our association.

We look forward to counting your ballot!

For a Complete Copy of the PSAR  By-Laws download them here: