Fire Protection: Home Hardening Law for 2021 in California

Are you a property owner who's considered fire resistant materials for your home? If you already have made certain changes, you're probably closer to protecting your property in case of wildfire. Wildfires are not just in a certain part of the state, for instance, they could happen anywhere you live near brush and vegetation. A new law came into effect January 1, 2021 that requires a disclosure for properties that are:

• Within high or very high fire hazard zones 

• Built before 2010 

• Residential one to four properties; condominiums or other common interest development units; or manufactured homes    

The fire zones are disclosed in the natural hazard disclosure statements required in property transactions, where the box is checked on the form for which zone(s) the property is in.  Natural Hazard Disclosure reports and statements, required in California, are most often completed by professional sources which assume the liability for and have access to statewide reports concerning the hazard zones and required disclosures in California law.  California Association of Realtors now includes a disclosure form for sellers as part of their transactional documentation in a sale to cover requirements under the new law.

Fire hardening measures include Class A fire rate roofing materials (composition, tiles, steel), using 1/8" mesh at chimneys and vents, using screens over rain gutters, keeping vegetation at least 5 feet from the property, and multi-paned tempered glass.  

Parts of Los Angeles and Orange Counties may be significant for taking measures, but even in non-high-fire zones, they are a good idea for overall home maintenance and protection.

CalFire's website https://www.readyforwildfire.org/ contains this agency's advice on preparing for wildfire.

 Julia Huntsman, REALTOR, Broker www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Halloween Scary Story

I was in an older historic neighborhood in Orange County, and wanted to do an impulse preview of a large two-story Victorian home built in the 1890s and located on a corner, with a for sale sign on the front lawn. It really piqued my curiosity.  I called the number on the sign and the front desk person for the company said it was available and I could go direct as it was vacant. 

 

I let myself in on the lockbox on the front door, and started to look around in the living room area when I heard a sound.  It sounded like heavier footsteps upstairs as if someone heard me and got up out of a chair and started walking away.  I immediately thought that there must be someone staying there occasionally and I had walked in on them.  I took a few steps up the stairs and called out "Hello", no one responded.  So I called out "Hello" again.  Then I heard more footsteps going to another part of the second story and the distinct sound of a metal window or door latch, as if it were closed quickly.  Suddenly, I was overcome with a cold chill and, in all the years I have entered vacant properties by myself, I have never ever felt in such a huge panicked rush to exit a property.  I couldn't find the door key fast enough, get outside and slam the key back into the lockbox. I  ran from the front door to the sidewalk, where I became more rational.  I thought there must have been an open window somewhere and I was hearing noises from a neighboring house, or there were unauthorized people sleeping there who heard me and left quickly.  I walked all around looking for outside exit stairs from the top floor, open windows, any sign of someone who could have been inside the house.  There were no stairs, and no sign of any open windows.

Since I wasn't sure what was going on, I decided I should notify the listing agent, so I called the listing office again and requested the agent's phone number.  I got the agent's assistant and said there might be somebody staying in the property.  He said he was coming right away and would be there in less than 15 minutes. I stayed outside in my car and watched the property, too chicken to move.  When he arrived, I let him go in first.  I followed him around downstairs and upstairs to check out everything in every room including closets.  There were no banging doors or open cabinets, no unlocked windows, no sign of anyone having been in the property.  He finally just turned to me and said that, similar to another listing he had one time, this just might be another ghost disclosure property!

(And seriously, if you think the neighbors are going to end up telling a buyer after the close all about the haunted house, it would be a good idea to relate the story to the buyer during escrow!)

How Much Property Information Does An Agent Have?

It's not unusual for members of the public, including a Realtor's client, to think that the listing agent probably knows all there is to know about a property. There are indeed certain obligations an agent has, especially with the sale or lease of residential property such as houses, condominiums, or any property that legally is considered to fall within a 1-4 unit configuration. 

Realtors are required to do a visual inspection of the property, which means walking around and noting conditions that are visually accessible, and this requirement also includes disclosure of defects known to the broker but unobservable to the buyer.  The California Civil Code also says  that the required inspection "does not include or involve an inspection of areas that are reasonably and normally inaccessible . . .".  An agent therefore is not required to go under the house, or into the attic space, or know the condition of walls within a locked closet if there seller has not given access. This also includes personally researching the property, although the agent should be able to point the client to outside resources for a buyer's due diligence during escrow, for example. An agent's duty of inspection also does not include the common area or other units of a homeowner association when the buyer is being provided all relevant HOA information required by the contract with the seller. So the Realtor may have no knowledge about the pool or spa and is not required to go inspect it, but if the agent has done previous transactions in the HOA, then perhaps that agent has some knowledge learned from prior transactions, and should disclose that information.

Both the buyer agent and listing agent are required to do a visual inspection and give a copy of their report, referred to as an AVID (Agent Visual Inspection Disclosure) to both the buyer and seller.  Neither agent is required to interpret the reason or source of a dark stain on the wall, for instance, but only to make a note of its existence in order to advise all parties.  It is up to the buyer to inquire further of the seller or hire a professional to get further opinion on such an issue.  Nothing in the law "relieves a buyer of . . . the duty to exercise reasonable care to protect himself or herself, including those facts which are known to or are within the diligent attention and observation of the buyer...".  So the buyer has the obligation to inspect the property, and all the conditions as spelled out in the contract, to his/her own satisfaction.

If an agent does learn "material facts" about a property, whether or not by visual inspection, ie., or if listing agent makes a disclosure to the buyer's agent, or other information was disclosed in the multiple listing service about lack of permits, then the agent is certainly required to disclose that information to the client.   So sellers, when the listing agent starts walking around your property to take a look, this is because they need to do this to help you get your property sold.

Back to the beginning paragraph -- I have heard some members of the public say that they chose to use the listing agent to represent them as a buyer because the listing agent must know more about the property.  But nothing could be further from the truth, because the listing agent probably hasn't crawled under the house either, and whatever significant information the listing agent does have, is required to be shared with the buyer.  

Get the View on Some California Laws Coming Into Play for 2017 (or late 2016)

• Death of Occupant in a Property - there is already a law concerning this disclosure, but a new law effective September 25, 2016 clarifies it further by stating that the owner, his/her agent, or the buyer's agent,  is not required to disclose the death of an occupant of real property prior to three years before the offer to purchase or rent.  Also, no disclosure is required when an occupant was living with or died from AIDS-related complications.  
•  
• Effective November 27, 2016, FHA’s minimum owner-occupancy ratio for condo associations is reduced from the current 50 percent to 35 percent. FHA is ordered to streamline the entire recertification process for condo associations and make compliance “substantially less burdensome.”  Many condo owners and their Boards of Directors have not been aware that an FHA approval does not last indefinitely, and several years ago, required renewal every two years.  FHA has been criticized for certain requirements, because of many associations slipping out of certification seemingly unnoticed.  This cuts out a lot of selling opportunity for buyers and sellers of condos.  FHA is also required to make the recertification process "less burdensome" in order to attract more associations into the process.  Overall, this is good news.
•  
• Effective January 1, 2018, water submeters must be installed on all new multifamily units and mixed residential/commercial multifamily units, so a tenant may know how their water usage amount. This law does not apply to existing multifamily units.
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• Effective January 1, 2017, participation in a PACE (Property Assessed Clean Energy) lien program requires disclosures showing, among other things, that the property owner may not be able to sell or refinance without first paying off the PACE obligation.  There is also a 3-day right of rescission.  So know before you enroll in a PACE or HERO program which places a lien on your property.
•  
• However, FHA permits properties with a Property Assessed Clean Energy (PACE) obligation to be eligible for FHA-insured mortgage financing, whether for new purchases or refinancing, under certain circumstances. If the PACE lien is to remain, then property sales contract must include all terms and conditions of the PACE obligation by closing. Effective September 17, 2016.

For more information on other laws not mentioned here, or for additional information, please contact me and I will be happy to give to you.

New California Disclosure to be Made by Condo Associations per AB 596

Is your HOA FHA-approved?

This was actually signed into law last August 12th by Gov. Jerry Brown, requiring condominium associations to disclose to their members whether their developments have been approved for FHA or VA financing. This is an annual disclosure along with the other HOA disclosures submitted 30-90 days prior to the end of the fiscal year.  AB 596 adds the requirement that, on a separate piece of paper in at least 10-point font, there will be statements saying whether or not the development has been certified by FHA or the Department of Veterans Affairs.

I believe I have posted before about the declining number of FHA (or VA) approved homeowner associations.  Why is this important?  Because the available number of buyers for a condominium increases accordingly.  There was a time when "spot" I believe I have posted before about the declining number of FHA (or VA) approved homeowner associations.  Why is this important?  Because the available number of buyers for a condominium increases accordingly.  There was a time when "spot" loans could be done, but no more.  The entire complex must be approved for FHA loan, that also applies for VA loans too.  But when a complex is approved for FHA, the VA requirements are similar.

To give an idea of how extreme the problem is, out of 228 complexes listed in Long Beach on Hud.gov, all of which were once FHA approved, 17 out of the first 25 on the list are expired; 20 out of 25 on the second set are expired.  That's 37 out of  50 complexes listed are unable to sell units to an FHA buyer. And so on.

One-quarter of the state's housing stock is located in common interest developments, and according to Bob Hunt, a California Association of Realtors director, fewer than 30% are approved for FHA financing, and even fewer for VA financing.  This situation does not have to exist.

Many association members are unaware of the status of their HOA, and many think it may be FHA approved because it was in the past.  The guidelines changed:  spot loans (per unit approval) was eliminated, and associations are required to renew their FHA status every 2 years.

If your association has a property manager, they should be able to help.  If not, there are lenders who are familiar with the application process and may readily give their assistance.  Please contact me for more information if you need it.

The important thing to realize is that many qualified buyers can buy with an FHA loan on 3.5 percent down payment, and obtaining a ready, willing and qualified buyer for a property can go much faster with FHA approved associations.

California Home Solar Panels - Buy or Lease?

Solar Panels

Solar panels are one of the many energy saving and money saving systems available to the homeowner. But save yourself some possible future headaches by investigating, beforehand, whether you should purchase or lease these panels.  Leasing seems a great way to go because it's a lot less money up front compared to buying panels outright.

Advertising your home as energy efficient seems like a great way to get a buyer fast.  But, when it comes time to sell, leased panels may turn into an outright headache for all parties:

• Your buyer will have to take over your lease payments and qualify for the lease--extra expense they may not have counted on, or a lost deal if they can't or won't agree. The monthly cost of the lease must be included in the assessment of lender's debt ratios.
• You, as the seller, may lose your next home you're in escrow for, or a job loss, if you can't move on time.
• Or, you the seller may agree to pay up on the complete lease in order to move on--one couple in Fresno paid $22,000 to get out of the lease and sell their house.

The solar leasing company may say that very few times such issues arise, since most buyers either agree to take over the lease, or most sellers can pre-pay it to move on. However, just know that leased solar panels, whether you're the buyer or seller, must be dealt with in a property transaction.

A leased solar system will usually show up on a preliminary title report because of the recorded UCC-1 filing which secures the system. But even if there's not a recorded filing, the seller must disclose the system in the transaction by checking the appropriate box on the Seller Property Questionnaire and/or on the Transfer Disclosure Statement.

In the standard Realtor contract form in California, the buyer review of lease documents and approval of solar leased panels is one of the contract contingencies, and can cancel the contract if the lease terms are not acceptable to the buyer. Buyer and seller could also negotiate on each paying an acceptable contribution towards the lease, as one option.

If the seller thinks another good reason for installing solar panels is because they increase the appraised value of the home, think again.   Leased panels are not allowed under FNMA appraisal guidelines, however owned solar panels do have appraised value and are included per underwriting guidelines.

So before obtaining leased panels, the property owner should ask the company:

1. What are the credit and other requirements required for a buyer to assume the solar lease?
2. Does the company offer alternatives to buyers with weak credit, such as placing a cash deposit?
3. Does the solar company have a dedicated team or other procedures to facilitate the transfer of leases to buyers?
4. How long does it take typically for the lease transfer to occur? 
5. Can a lease be transferred easily within the timeframe of a thirty day escrow?

 See Ken Harney's recent Washington Post article on solar panels.  For a more indepth article on this subject about issues during a California residential transaction involving leased solar panels, please contact me!

New Transaction Closing Rules with CFPB - Part II

Note:  The new start date is October 1, 2015. 6/28/2015.
Mark August 1, 2015 as the date on which transactions will be impacted!

The Consumer Financial Protection Bureau is an independent agency which operates withoutCongressional supervision, one of the few such entities in the country, and is considered a least accountable agency (by just about everybody including Congress).  It oversees banks and financial institutions, credit unions, students loan, credit card companies, payday lending companies, mortgages, foreclosures.  (It resulted from the Dodd Frank Act which came into place as a result of the economic crash, and its director was appointed by President Obama.)

The CFPB is not federally funded, but instead issues fines to banks for their bad behavior:
Wells Fargo - $24 million; Chase - $11.7 million, NewDay Financial - $2 million; and just the other day, per their website "Green Tree to Pay $48 Million in Borrower Restitution and $15 Million Fine for Servicing Failures".  Yes, there have been failures by the banks, but how we got to a bureau that seems to have no oversight seems to be borrowing a page from the bank failure book.

But for now, consumers, lenders, escrow, title and real estate agents are at the beginning of changes will are most certainly to lengthen the average 30-day transaction to 10-15 days longer.

New terms:
Escrow=settlement agent
Lender=creditor
Day loan docs are signed=consummation day
Close of escrow day=settlement day
LE=loan estimate (no longer a good faith estimate)
CD=Closing Disclosure (replaces HUD-1)

Buyers and sellers, get familiar with all terms but know that "CD" is a 5-page disclosure which must be received by the borrower a minimum of 3 business days before signing of loan documents.  It doesn't matter if you can read and sign in 3 hours, you must wait 3 business days before loan documents can be signed.  What if you ask the seller, and the seller agrees, to compensate the buyer $350.00 towards the buyer's closing costs during escrow?  The borrower receives a new CD and must wait 3 business days.  If the lender decides to mail out the CD to the borrower instead of allowing digital signature time, then the lenders will give a total of 7 business days from send out.

Sellers, I can only say this:  Make reasonable repairs, including all carbon monoxide and smoke detector placements where required,  prior to listing to avoid delays with appraisers calling out such repairs, which will require a second visit by the appraiser, and which also costs the borrower more, in order to avoid these delays.
Buyers, If you decide to make an offer on a property which requires numerous or even just a few, repairs, be prepared for a longer transaction, because everytime a change is made, a new 5-page CD goes out to the borrower from the lender.  You can see how the time starts adding up, going well beyond the existing 17 and 21 days for buyer to investigate and remove contingencies.
Other examples of changes which will require 3 business day re-disclosure:
Changes in APR; changes in the loan product; addition of a pre-payment penalty.
Realtors must be prepared for these changes and be able to work with their clients on these timelines.

A sample calendar provided to me recently shows Day 1 starting on a Monday (Saturdays are included as business days, Sundays are excluded), going all the way through to Day 38 in a NORMAL transaction showing the lender's schedule, but this calendar did not take into account what else could be happening between the buyer and seller during the various contract contingency period, which is how further issues and additional time periods could come up. There is much that will be found out on a practical level when the time comes, because there are still unknowns in these new requirements.
Additional issues:  Lenders may refuse to work with certain escrow companies, and therefore buyer and seller may not be able to choose in some circumstances, because the lender may force both parties to transfer the file to another company.  Please remember, California escrow companies already are "vetted" and responsible to the Department of Business Oversight which maintains their own rigorous standards.

At this point, consumers need to change some of their expectations, both with their loans and the property transaction itself, and who they may be able to select for services.
These are nation-wide changes, not just something happening in one county or one state.  Some industry professionals are saying they've never seen anything like this during their 30 or 40 years in real estate (and they don't mean it in a nice way), so what happens after August 1 will be different--that much we know.

New Transaction Closing Rules -- Starting August 1 by CFPB

Be Careful Crossing the Road of Financial Protection

The Consumer Financial Protection  Bureau was brought into being by the Dodd-Frank legislation, and the CFPB has teeth which are being inserted into the lives of lenders, and therefore the lives of home buyers and sellers.

The "Know Before You Owe" rule, effective August 1, 2015, is bringing a new closing document (6 pages) and is doing away with our HUD-1 statement (3 pages) in the form of a non-uniform closing package which does away with the uniform coded costs which have been in existence for . . . decades.  By non-uniform is meant that lenders can call their categories what they so choose, and therefore may be different from one bank to another all across the country.  On the other hand, "the new forms resolve the problem of redundant and overlapping information presented in the standard Real Estate Settlement Procedures Act (RESPA) and Truth In Lending Act (TILA) disclosures that lenders are required to send to borrowers following submission of a mortgage application and just prior to the closing." See, for a very indepth industry discussion, this article by Patrick Barnard.

One of the net results is that there's more pages to get to a closing, and the closing will probably end up being extended well beyond the initial escrow period IF there are credits back which must be given a 3-day period to sign on and disclose to the lender.  So if, for example,  the seller agrees to credit the buyer $500 for some repairs rather than perform the repairs, that will require a written documented disclosure to the lender, the total of such amounts may not exceed the lender's cap.  Such a $500 agreement between buyer and seller will require a new good faith estimate from the lender, which in turn adds to costs by some lenders.  Another fact of life is the cost involved for escrow companies and lenders to retool their technology because they will be required to be in sync on this process.

Since this is being  implemented on a national basis, it will affect procedures and laws in all states.  The bottom line for buyers and sellers is that a 30-day escrow may turn into a 45-day escrow, which impacts people's moving plans for making the smallest of changes.

More will be said here on this issue, but the bottom line for residential buyers and sellers is to grasp the transactional costs and fees, including termite inspection (very costly sometimes) and what they agree to agree on with each other in the beginning.  I can see a world of even more advance planning on both sides.

Some New 2014 Laws for California

It's that time of year again, and there are new laws taking effect that will affect a lot of us.  Here are a some of the new California laws that are wise to know about and which are taking effect January 1, 2014:

1.  Public dog parks are not liable for injuries caused by dogs. Assembly Bill 265

2.  Adjoining owners are equally responsible for shared fences and boundaries. "Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties, and unless otherwise agreed in writing, are presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence." Read more about the longer particulars on this new law:  Assembly Bill 1404

3.  A seller's Transfer Disclosure Statement to now include awareness of construction defect claims.  This will affect owners in some areas more than others. The "TDS" is a standard form provided in residential property transactions by REALTORS in California, and contains legally required disclosures.    SB 800; Senate Bill 652

4. The Used Mattress Recovery and Recycling Act is to reduce illegal dumping of mattresses to reduce blight and increase recycling.  A recycling program must be set up to handle them. Senate Bill 254

5.  New smoke detector specifications:  "Starting July 1, 2014, the State Fire Marshall will not approve a battery-operated smoke alarm unless it contains a non-replaceable, non-removable battery capable of powering the smoke alarm for at least 10 years." See the new requirements at  Senate Bill 745

6.  Brokers can be suspended or lose their real estate licenses for knowingly tampering with real estate documents in connection with their licensed activities.  This includes directors, employees,  and officers of a corporation.  Senate Bill 676

7.  Brokers who charge a fee for providing rental listings must be appropriately licensed for that pre-paid rental listing service.  Read here for more information, Senate Bill 269

These are just a few of the upcoming laws taking effect in 2014, of which there are approximately 100 new laws in many categories.  Laws that affect real estate transactions are reflected in updated REALTOR forms so that buyers and sellers can be assured that all pertinent disclosures, advisories, and information is provided during the transaction.

Seller Top 10 Legal Mistakes, Part IV

Not providing the buyer with legally required disclosures.

There is an important form used by REALTORS in California transaction named the Transfer Disclosure Statement (TDS) for residential sellers to make certain written disclosures about their property. This form is required by the California Civil Code, since 1987.

Sellers often forget how important it was to them as a buyer to find out what their seller could tell them about their new home. Buyers still want to know, so what is a checkbox and a few blank lines to fill in to a seller on the TDS is a world of important information to the buyer(s).

The TDS is meant for the seller to tell the buyer what is within their ordinary knowledge about their property, i.e., repairs, how recently painted, permitted and non-permitted modifications or additions, how old the roof is, new flooring, is there a sump pump under the subflooring--in other words, things that the mentally present person is not likely to have forgotten about.  There is even an additional multi-page Property Questionnaire covering numerous topics to prompt the seller's memory, a document which is not legally required but is often requested by the buyer's agent. Buyers sometimes think that sellers purposely didn't tell them certain things, like that rot that was found after the brick facing was removed from the front of the house. But things can happen that the seller may have no knowledge of, especially if they lived there for many years without spending money on maintenance. But then there's the case of the freshly painted bathroom that may have been covering over the water stains from a roof leak, which the buyer found out about on physical inspection, but where there was no disclosure about it on the TDS.  Sellers, it only upsets buyers when you're not totally forthcoming--it may be painful to negotiate during escrow and walk away with less money, but it could be saving you from an angry buyer (that did not discover a problem during escrow) and a lawsuit later on.

It's important to give this TDS document to the buyer, in the time period stated in the contract, since the buyer has the right to cancel the contract otherwise. If the seller thinks he/she doesn't have to provide this form and refuses to do so, the seller will be liable for any resulting damages (that means . . . attorneys, and more money spent).  If they seller accidentally includes wrong information, and then realizes it later, they may amend the TDS and give it to the buyer. There are certain sellers exempt from this form, such as in probate cases, and trust, plus a few other types.

And there are other required disclosures, including those about natural hazards, lead paint, special districts, and others, such as death on the property.  If someone died on the property more than 3 years prior to the buyer's offer to purchase, or if they died from AIDs, the seller is not required to disclose that fact, unless the buyer asks. If someone did die before that time, then the seller must disclose it--because if you the seller thinks the buyer won't be talking to the neighbors later on, you should think again.  Buyers should know what they are concerned about before and during their buyer investigation period, so that they are not unpleasantly surprised after they move in.

This is a more complex and lengthy subject than in this post, if you have questions please feel free to contact me.
An observation:  It's so very difficult to absorb all that is conveyed in the tiny print in these transactions, so my advice is:  turn off your TV, do not check your phone, your iPad, your computer, just sit and focus in as quiet a place as possible when completing your documents.  It is not a time for multi-tasking.

What California Homesellers Sometimes Overlook: 10 Things, Part I

Regardless of when and where the homeseller could be selling in California, or whether there's a shortage of inventory or not, the transactional issues and facts are still tied to the contract between buyer and seller.

Here's a handy list for the Top Ten Legal Mistakes, with some added commentary by me.

What are the other contractual terms?
Sellers quite naturally want to sell at the highest possible market price, and have very good reasons for doing so. But selling price is not the only term in the contract-- for example, what if the buyer has a contingency to sell their own property, or what does it mean if the buyer is willing to remove their appraisal contingency but not their funding contingency? What if you agree to the liquidated damages clause? In a short sale, do you understand all the terms of the short sale addendum? And what do you need to consider with an all-cash buyer vs. a financed buyer?

What may happen with multiple offer situations?
In multiple offer situations, many buyers could be submitting offers but the seller is not obligated to any one buyer. The seller may respond to all buyers or choose one (but without discrimination). But what if additional offers are submitted in a regular sale after a signed contract exists with buyer no. 1? And what if you're a short sale seller, and a higher offer comes in after the first offer was submitted to the bank? (Hint: the short sale addendum states property may continue to be marketed after contract with the 1st buyer, and other offers may be presented to the bank.) Or, what if the buyer is submitting multiple offers on multiple properties, should they tell you that, or not, in their offer?  (Hint: Yes, they should disclose.) 

These are issues the seller should take time to review carefully and ask questions, preferably before a contract is signed--it saves on remorse later.

Do Abandoned Oil Wells Impact Your Neighborhood

In early Southern California real estate, homeowners were enticed into additional income by having an oil well, literally in the back yard behind a little bungalow house. On a larger scale, oil was drilled for in certain areas which coincide with earthquake fault lines. Many were capped and ultimately receded into dim memory. But no longer. The presence of these wells could have an impact on a seller's use of their property.

While this map gives only the overview, you get the idea of how many active (green) and abandoned (red) oil wells there are in the Long Beach area alone.

The City of Huntington Beach considers this such a vital issue that a report is required by law to be made by a seller as to the whether or not any such wells were ever present on a property.

According to the company which maps these wells, there are 4,000 abandoned wells in Long Beach, 1600 in Signal Hill, and 3600 stretching from Seal Beach to Newport Beach. For a larger version of this map, just e-mail me.

Long Beach long beach real estate 'Voice this!

What Repairs Is A Seller Supposed to Disclose?

The recent fires in Southern California unfortunately destroyed over 1600 homes, and while I don't know for a fact, some may have been in escrow. I know I saw "for sale" signs in front of some houses shown on TV coverage. First of all, the California Association of Realtors has established a Disaster Relief Fund for the fire victims, including fellow Realtors; the National Association of Realtors is contributing $500,000.

If you were lucky enough to escape major damage or total destruction, this information from CAR's legal advisors might help you now or in the future for selling your home (it applies to other situations as well) when you're wondering what the law says about potential disclosure issues:

"Q. Must a seller disclose the fact of a fire when there was major damage to the property but it has been repaired?
A. California law does not clearly answer whether a seller must disclose past property defects and repairs. At the present time, the law does not appear to require disclosure of past defects and repairs unless the problems may be persistent. In other words, a defect which has been fully repaired and no longer threatens the value or desirability of the property probably need not be disclosed. On the other hand, defects which are difficult to remedy and which may continue to plague the property may have to be disclosed. Given some uncertainty in this area of the law, many sellers may prefer to resolve doubts in favor of disclosure to minimize the risk of liability."

Long Beach long beach real estate 'Voice this!

Know Your Rights if You Are in Pre-Foreclosure

It's an unfortunate fact that certain loan borrowers have been unable to make their payments. On this blog there are many searches about information on foreclosure and pre-foreclosure.

If you're in this situation, please see my earlier post What Happens If You Are In Foreclosure?.

It's important for you to know that certain California statutes regulate the sale of homes on which a Notice of Default has been filed, that if you list your home with a California agent you should make sure your agent is aware of using the Home Equity Sales Contract form when a buyer presents an offer. This form specifically addresses particular issues as required by the California Civil Code Sections 1695-1695.17 which are designed to protect the seller from fraud and deception by unscrupulous buyers. Among other things, a sales contract under these circumstances would include the following language to prevent you from signing over the rights to your home under undue pressure:

"NOTICE REQUIRED BY CALIFORNIA LAW Until your right to cancel this contract has ended, _______ or anyone working for _______ (Name) (Name) CANNOT ask you to sign or have you sign any deed or any other document."

Read the Code sections linked above (they're not that difficult to go through) because they carefully spell out what the equity purchaser (your buyer) must do if you already have a Notice of Default filed on your property. An equity purchaser convicted of fraud under these laws is subject to damages and other penalties including jail time, and the seller has certain rights to bring action. If you are in doubt about someone you are dealing with, or have questions before you list your home, please take the time to get a second opinion from a qualified REALTOR, or seek advice from an attorney who specializes in real estate law and foreclosures.

October 12, 2007 addition from October CLTA News concerning rescission of a sale of a pre-foreclosure property:

"REMINDER --- DISTRESS SALES ARE HIGHLY REGULATED

"Homeowners facing foreclosure and buyers wanting a deal would seem a perfect match. But these matches face obstacles that both buyers and sellers may not fully understand. This is because the California Legislature stepped in a few years ago to crack down on fraud and created a whole new set of laws dealing with the sale of property in foreclosure. The law provides far-reaching protection to homeowners facing foreclosure. Once a notice of default is filed the law applies and sellers have specific legal protections, including the right to cancel a contract to sell up to five business days after signing a contract to sell the property. Not only can a seller cancel the contract before the sale but under certain circumstances the owner may rescind the sale within two years if a court finds the sale unconscionable. In addition, a court may award the seller damages and the purchaser could be criminally prosecuted.

"A representative of the seller is also treated harshly if they do not comply with the law. These representatives must have a valid real estate sales license and a bond. [MY NOTE: USING THE REALTOR'S HOME EQUITY CONTRACT FORM CORRECTLY ADDRESSES THE BOND ISSUE.] Both the purchaser and seller must be given a statement by the representative that they have the license and bond. Failure to comply means the seller may choose to treat the sales contract as void and can seek damages. There is some relief from all of these pitfalls. If a purchaser is going to use the property as their personal residence or the purchaser is the spouse or blood relative of the homeowner then the law does not apply. The bottom line in all of this is that both buyers and sellers and their agents should be aware of the law. With all of the attention devoted to sub-prime mortgages and foreclosures it is likely that the failure to strictly comply with the law will lead to serious title problems."

Long Beach long beach real estate

Mello-Roos and Property Taxes

I frequently am asked about Mello-Roos Districts by those who aren't sure what they are or where they are located.

These districts were formed after the enactment of Proposition 13 in 1978 which was voted in to restrict public agencies' ability to increase property taxes based on assessed value. The 1982 Community Facilities Act was passed which gave government an alternative method to finance improvements and services.

While any county, city, school district, special district or joint power authority has the power to institute a Mello-Roos district, these districts, which are created to fund infrastructure such as streets, sewers, police protection, fire protection and similar services, are usually part of a new development which does not already have these services. They are more often found in areas such as Orange County or Riverside County where there are more post-1978 developments. The tax is not based directly on property value, but on other characteristics such as square footage and lot size of the property. It must be voted on by two-thirds majority vote by those residents living within the proposed boundaries. Large tax amounts may be funded through bonds issued by the District. There may be an ongoing maintenance fee even after the bonds are paid off.

The Community Facilities District does have the separate power to foreclose, making it all the more important to pay your taxes on time. Notice of the tax amount, if it is in your area, is found in the Notice of Special Tax which the seller must make a good faith attempt to provide to the buyer during escrow.

Long Beach

"The Importance of Being Earnest" About Real Estate

The Oscar Wilde play is described as "A Trivial Comedy for Serious People", but in real estate there's hardly anything trivial, if at all. Buying and selling property requires a lot of signing of forms, and it may be overwhelming at the time. But at some point in time, you may well be further considering the meaning of some particular document in retrospect--this is why your REALTOR really has to have you do what he/she needs you to do. It's all for good reason.

Here's a summary concerning what seems like a picky little thing at the time, but you know what they say, the devil is in the details. Trust me, when we ask you to review your documents, and sign certain things on a timely basis, it is what we need to do for you and what you need to do for yourself, and for all parties in your sale. In this 1992 case an agent failed to provide agency disclosure at the proper time, and if you click on the link you can read the case:

Huijers v. DeMarrais -- "It was only at the time of the signing of the purchase contract that the DeMarraises received the agency disclosure statement required to be given to them prior to signing the listing agreement. The purchase contract included a statement that Larson was acting as a dual agent for both buyer and seller."

This failure led to the lawsuit above, its decision upheld by the Court of Appeal of California. It could have been avoided. Agency disclosure has long been required prior to a buyer signing an offer to purchase, or a seller signing a listing agreement. This one-page form describes the agent's fiduciary duties to his/her client and other responsibilities, and the client's signature is acknowledgment that they "got it".

How do you know if you've received everything from your agent you're supposed to have? Click here for the sales disclosure chart.

Long Beach