Home Sellers: Here's What the NAR Settlement Means for You

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The National Association of REALTORS has published the following on its website concerning what the NAR settlement means for all home sellers.  It is also fully expected that California will sign into law in 2025 that all licensed agents (not just REALTORS) will be required to form written agreements with their buyers before viewing properties with them, physically or online.  Note that August 17 is the practice change date for  all REALTORS nationally:
 

What Does the NAR Settlement Mean for Homebuyers Starting August 17th?

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The National Association of REALTORS has published the following on its website concerning what the NAR settlement means for all homebuyers.  In addition, it is fully expected that California will sign into law in 2025 that all licensed agents (not just REALTORS) will be required to form written agreements with their buyers.  Note that August 17 is the practice change date for  all REALTORS nationally.

                                                                                                   

Buying a home is one of the largest financial transactions most people will ever undertake. Agents who are REALTORS® are a trusted source of advice and stand ready to help you navigate your homebuying journey and make the choices that work best for you. NAR’s recent settlement has led to several changes that benefit homebuyers, and we wanted to clearly lay them out for you.

Here is what the settlement means for homebuyers:

• You will sign a written agreement with your agent before touring a home.
• Before signing this agreement, you should ensure it reflects the terms you have negotiated with your agent and that you understand exactly what services and value will be provided, and for how much.
• The buyer agreement must include four components concerning compensation:

1. A specific and conspicuous disclosure of the amount or rate of compensation the real estate agent will receive or how this amount will be determined.
2. Compensation that is objective (e.g., $0, X flat fee, X percent, X hourly rate)—and not open-ended (e.g., cannot be “buyer broker compensation shall be whatever the amount the seller is offering to the buyer”).
3. A term that prohibits the agent from receiving compensation for brokerage services from any source that exceeds the amount or rate agreed to in the agreement with the buyer; and,
4. A conspicuous statement that broker fees and commissions are fully negotiable and not set by law.

• Written agreements apply to both in-person and live virtual home tours.
• You do not need a written agreement if you are just speaking to an agent at an open house or asking them about their services.
• The seller may agree to offer compensation to your agent. This practice is permitted but the offer cannot be shared on a Multiple Listing Service (MLS)— MLSs are local marketplaces used by both buyer brokers and listing brokers to share information about properties for sale.
• You can still accept concessions from the seller, such as offers to pay your closing costs.

These practice changes will go into effect August 17.

Here is what the settlement doesn’t change:

• Agents who are REALTORS® are here to help you navigate the homebuying process and are ethically obligated to work in your best interest.
• Compensation for your agent remains fully negotiable, and if your agent is a REALTOR®, they must abide by the REALTOR® Code of Ethics and have clear and transparent discussions with you about compensation. When finding an agent to work with, ask questions about compensation and understand what services you are receiving.
• You have choices. Work with your agent to understand the full range of these choices when buying a home, which will help you make the best possible decision for your needs.

If you are an unrepresented buyer and would like to discuss working with an agent or find out more information about a buyer broker agreement, please feel free to contact me without obligation.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Cash Buying Trends in 2024- Why Fewer Homes Are on Market

By 2010, the Great Financial Crisis had played its course long enough for lawmakers to pass the Dodd-Frank Act. Following the first major housing crash since the Great Depression and poor economic conditions, the act paved the way for recovering the financial market by strengthening regulations and oversight. Dodd-Frank was the key to preventing the same meltdown from ever happening again while creating another issue: The Supply Crisis. 

As a result of Dodd-Frank, fewer homes were placed on the market. Without high-risk adjustable mortgages, people could use their homes as a secure and unfailing hedge against inflation. Most buyers had excellent credit and great jobs and opted for fixed-rate mortgages. Since there were far fewer foreclosures and short sales, the United States national housing inventory slowly tumbled to record lows.

In response to COVID-19, mortgage rates dropped to historic lows, causing people to take advantage of a once-in-a-lifetime opportunity. For example, if a buyer desired a $5,000 payment (principal and interest) in November 2020 when the 30-year fixed rate was 3%, they were looking at a home priced just shy of $1.5 million. With today’s stubbornly high mortgage rate environment, currently hovering near 7%, that same buyer can only afford a home at $940,000. The difference of $542,500 between the two mortgage rates is enough to stop many would-be buyers from purchasing.

In a typical market, most home purchases are primarily made utilizing a mortgage, with a smaller percentage of buyers paying in cash. We can even see this in the auto industry, with financing (mortgage) and leasing (renting) being the two most popular ways to acquire a car. However, fewer people have sufficient funds to purchase a car, let alone a home.

From 2022 on, we’ve seen a swan dive of a decrease in existing home sales in the United States. With limited inventory and demand due to high mortgage rates, fewer transactions can take place. As a result, smaller factors and changes become more evident to the naked eye. One will even notice how mortgage rate fluctuations dictate where supply and demand can move in the future.

As affordability deteriorates over time, fewer people can afford a mortgage, explaining why there are fewer home purchases. While taking a closer look, one will notice that cash transactions have not changed much over time, yet have become a much larger percentage of all transactions. With not as much movement in the market, cash transactions are viewed in a larger scope, causing many to think the entire market has shifted towards cash.

Thankfully, high mortgage rates are not here forever. Eventually, there will be a gradual relief in the federal funds rate, causing mortgage rates to fall, as well as rates tied to cars, credit, or any consumer loans. With enough relief, expect to see a shift in the housing market. As soon as mortgage rates dip into the 5's, even 5.99%, a new market will emerge, a tidal wave of movement. More transactions mean that cash buyers will be a smaller percentage of the purchasing pool.

In May of this year, 24.5% of all closed sales in Southern California (Los Angeles, Orange, Riverside, San
Bernardino, and San Diego) were cash transactions, approaching a quarter of the entire market. The cash purchased homes represented 3,530 out of a total of 14,381. In a normal pre-covid average (2017-2019) market, for May, there would typically be just over 19,000 home sales. That difference is 4,797 homes or 33% extra home sales. If the same amount of cash homes were bought with the pre-covid May average (2017-2019) for existing home sales, 18% of all closed homes would have been closed in cash, which tells an entirely different story. Unfortunately, many have created a negative narrative around the inability to purchase today due to the competition of so much cash in the market.

PERCENTAGE OF CASH CLOSED SALES BY COUNTY : JANUARY - MAY

It is crucial to understand that today’s market is not permanent and is subject to change. When that will happen is entirely unknown.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Article by Brennan Thomas

Rules About Broker Compensation Are Changing -- Everywhere

Broker compensation is not going away, but it will be handled in a different way than has been the previous long-established practice.  

As of August 13, 2024, revised California REALTOR forms for residential real estate are going into effect, as well as the way listings are entered into CRMLS.  These changes are the result of a nationwide settlement entered into between the National Association of REALTORS and the Department of Justice as the result to lawsuits which were filed in other states.  "To remain compliant with the settlement, CRMLS must remove all compensation fields from the MLS. Compensation negotiations will not be allowed in the MLS in any way, shape or form." - CRMLS.   Because compensation is being removed from the MLS, it is handled separately in one of the following ways, or a combination thereof:

     a) when the buyer includes a term in the offer stating the Seller will pay the Buyer Broker fee. Assuming the seller agrees, the Buyer Broker fee becomes part of the complete purchase agreement. Additionally, if using the C.A.R. Residential Purchase Agreement and Joint Escrow Instructions (RPA), the payment would also become part of the Escrow instructions.

    b) when the buyer directly compensates the buyer agent, i.e., per terms in the C.A.R. buyer/broker agreement required to be in place prior to an agent showing property to a buyer, a requirement as of August 13, 2024.

    c) or compensation from the listing agent (not made through the MLS).

This is not a practice change only in California, it is nationwide for all REALTORS that entered into the settlement, which is more than one million National Association of REALTORS members, MLS members and other qualifying brokers.

REALTORS in California have always used a listing contract which explained how compensation occurred, and will continue to do so. A seller should expect to get a clear understanding as well under the new practices when they are contemplating selling their property and going over a listing contract. 

The same holds for buyers who are now required to enter into an agreement with their brokers -- additionally, it's anticipated that this will become a California state law in 2025.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

July 1, 2024 Law for California Security Deposits

Yellow bungalow

Beginning July 1, 2024, under the passage of AB12, there will be significant changes to the security deposit law for residential property as follows:

• Rental property owners will only be able to demand or receive one month’s rent in addition to the first month’s rent, for security deposit, whether the unit is furnished or unfurnished.
• However, small property owners will be able to demand or receive two month’s rent in addition to the first month’s rent before initial occupancy. 
• A small rental property owner is defined as one who:
• Owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent.
• Is a natural person or LLC in which all members are natural persons. A family trust may also qualify as a small landlord.
• Exception: If the prospective tenant is a service member, then the exception for small landlords does not apply, and the small property owner is limited to one month’s rent in addition to the first month’s rent.
• 
  
• Owners who currently hold a security deposit or those who demand or collect a security deposit in excess of one month’s rent prior to July 1, 2024, may retain the security deposit even though it is more than one month’s rent.

Unfortunately, one month's rent really provides very little protection to the property owner who may have to engage in eviction costs, and/or damage costs.  An uncontested eviction cost alone may be over $1200, see this site for an idea of costs, and that does not cover the cost of repair and cleanup. One attorney recommends that the property owner review an applicant's credit and look for a score of at least 700 FICO which ideally would indicate a more responsible tenant. Applicants' professions and history, though, are not always proof of good behavior.  (I once lived near a married couple in a high rise condo building who kept cats--more than allowed on the lease agreement--and allowed them to completely ruin a bedroom which was used as the litter box, as well do nothing about controlling fleas. The owner had to leave the unit vacant for months in order to restore hygiene and flooring.) So back to  the amount of deposit -- another good option is to own property in an LLC.

Please contact me if you would like additional information on tenant/property owner issues.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Are You a California Rental Property Owner? The Upcoming Proposition for the Statewide November Ballot

Update:  7-18-2024 - taken off 2024 ballot, will be addressed lin 2025.

Update 7-15-2024, see below.

In 1995, in response to a growing number of rent control issues, the Costa-Hawkins Rental Housing Act  was enacted by the California state legislature. Today, there is a third push to repeal it in November. Known as the Justice for Renters Act, it states: "“The state may not limit the right of any city, county, or city and county to maintain, enact or expand residential rent control.” As a rental property owner, you probably know there is an increasing overlay of multiple county and municipal laws governing rents and rights of tenants, and if as a property owner you are in such a jurisdiction, then you are bound by those laws. Long Beach is one such city, so is City of Los Angeles, in total about 25 local governments which have enacted rent controls.  If not in one of those jurisdictions, your property is under statewide rent control. This is important for knowing your current ability to raise rents.

House with For Rent Sign

The Costa-Hawkins Act made exempt single family homes, condos, townhomes and newly constructed  apartment buildings from the rent control ordinances, "and allows landlords to reset the rental rate on rent-controlled rental units where they become vacant or where the last rent-controlled tenant no longer permanently resides at the unit." The ability to reset the rents after, for instance, a long-term tenant who has been paying less than market value rents, is a property owner right under the Costa-Hawkins Act.  The above proposed Justice for Renters Act would eliminate the owner's ability to charge the market rate when a tenant vacates, or "vacancy decontrol".

But if this proposition should pass, property owners would no longer have the protections of the Costa-Hawkins Act but would instantly activate whatever local jurisdiction controls are already in place, many of which are more restrictive.  Should an owner not be able to bring rents to market value, but rather be subject to some much lower rent increase requirement, their entire property value would be devalued, along with less funds to maintain a property, rising property taxes, increasing property insurance, and increasing utilities, and which will also be charged fees at current market rates by contractors to do their work. While a simplified picture for tenants is that they may pay less money if they have rent control, they may also be living in a less enhanced, less attractive, non-turnkey property over time, with repair issues.  Such strict rent control could affect the smaller properties in the rental market as those owners exit due to financial constraints, thus causing lower availability of housing for renters and lower quality.   UPDATE 7-15-2024:  Now known as Proposition 33 on 2024 ballot:

"Proposition 33, rent control: A vote in favor of this measure would expand rent control in California. If the proposition passes, it would get rid of a nearly three decade-old law, known as the Costa-Hawkins Rental Housing Act, that bans rent control on single-family homes finished after February 1, 1995.

"Cities and counties would have more power to limit rent increases for incoming and existing tenants, making it harder for landlords to hike up prices. The measure would also insert new language into California law that prohibits the state from limiting how cities and counties expand or maintain rent control. It’s backed by the Aids Healthcare Foundation and is the third time since 2018 that voters will decide on the issue: Similar ballot initiatives, in 2018 and 2020, failed by 19 and 20 points, respectively." https://www.sacbee.com/news/politics-government/capitol-alert/article289594036.html

If passed, this proposed Act could only be repealed by another ballot initiative, it does not address the statewide housing shortage, or address homelessness.  It's important to not lose the Costa-Hawkins Act, it still maintains property rights for owners, which are being eroded with each passing year.

Go to Californians for Responsible Housing for more information on the effect of repealing the Costa-Hawkins Act. 

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Understanding HOA Fees in a Homeowner Association

Houses facing street

When considering a move to a gated community in Long Beach, understanding Homeowners Association (HOA) fees is crucial. These fees are a significant factor in the overall cost of living and play a vital role in maintaining the quality and amenities of the community. They are also factored into a buyer's loan qualification before getting approval. Some HOAs are composed of multi-family style attached units (i.e., Stoneybrook), while others are made up of detached single family residences (i.e., Del Lago).

Multi unit building with balconies

Here’s a comprehensive guide to help you understand HOA fees in Long Beach gated communities.

What are HOA Fees?

HOA fees are monthly or annual payments made by homeowners to the Homeowners Association, which is responsible for managing and maintaining the community common  areas. These fees fund various services, amenities, and community upkeep. Not all the factors listed below will necessarily apply to the association under consideration, there may not be a guard gate, interior roads or a pool. In Long Beach, there are however numerous association which do include many features on the list. It's important to know all the features you may be paying for.

What Do HOA Fees Cover?

HOA fees in gated communities often cover a wide range of services and amenities, including:

1. Security Services

   • 24/7 security personnel
   • Gated entrance management
   • Surveillance cameras and security systems

2. Maintenance and Repairs

   • Landscaping and lawn care
   • Street and sidewalk maintenance
   • Common area repairs (e.g., clubhouses, pools)

3. Utilities

   • Water and sewage for common areas
   • Lighting for streets and common areas

4. Amenities

   • Upkeep of recreational facilities (pools, gyms, tennis courts)
   • Clubhouse maintenance
   • Community events and activities

5. Insurance

   • Insurance for common areas and community structures

6. Reserve Fund Contributions

   • Savings for future large-scale repairs and replacements (e.g., roofing, road resurfacing)

Factors Influencing HOA Fees

HOA fees can vary significantly based on several factors:

1. Community Size and Type

   • Larger communities with more homes often have lower fees due to shared costs.
   • Luxury communities with high-end amenities may have higher fees.

2. Amenities and Services Offered

   • Communities with extensive amenities (pools, fitness centers, golf courses) typically have higher fees.
   • Enhanced security measures can also increase fees.

3. Maintenance Requirements

   • Older communities may require more frequent repairs, leading to higher fees.
   • Communities with extensive landscaping or high-maintenance amenities may have higher costs.

4. Management Style

   • Professionally managed HOAs may have higher fees due to management company costs.
   • Self-managed communities might have lower fees but require active homeowner participation, and the knowledge to self-manage.
     

How Are HOA Fees Determined?

HOA fees are typically determined by the community’s budget, which is developed by the HOA board. This budget outlines all anticipated expenses for the year, including maintenance, amenities, and reserve fund contributions. Homeowners may have the opportunity to review and comment on the budget before fees are finalized.

Why Do HOA Fees Vary in Long Beach?

In Long Beach, the variation in HOA fees can be attributed to:

• Location: Communities closer to the coast or with scenic or ocean views usually have higher fees due to premium real estate values.
• Community Size: Smaller, exclusive communities may have higher fees to cover fixed costs among fewer homeowners.
• Amenity Quality: Communities offering high-end amenities or newer facilities often have higher fees to maintain these features.

Pros and Cons of HOA Fees

Pros

• Well-Maintained Community: Regular maintenance and repairs keep the community attractive and functional.
• Access to Amenities: HOA fees provide access to various amenities without additional out-of-pocket costs.
• Property Value: Well-maintained communities often see higher property values.

Cons

• Cost: HOA fees are an additional expense on top of mortgage payments and property taxes.
• Restrictions: HOAs may impose rules and regulations that limit how you use or modify your property.
• Financial Management: Poor financial management by the HOA can lead to unexpected fee increases or special assessments. Recent insurance increases in the market also have an impact.
  

Tips for Managing HOA Fees

1. Budget Accordingly: Factor in HOA fees when calculating your overall housing budget.
2. Understand the Rules: Familiarize yourself with the HOA’s rules and regulations to avoid fines.
3. Attend Meetings: Participate in HOA meetings to stay informed about budget decisions and fee changes.
4. Review Financial Statements: Regularly review the HOA’s financial statements to ensure funds are managed properly.

Conclusion

Understanding HOA fees is essential for anyone considering moving to a gated community. These fees ensure that the community remains secure, well-maintained, and equipped with desirable amenities. By understanding what HOA fees cover, how they are determined, and how to manage them, you can make an informed decision and enjoy a hassle-free living experience in your new community. When in escrow, make sure that all documents submitted to you as the buyer are reviewed before you investigation period expires.

For more personalized advice or to explore gated communities in Long Beach, feel free to contact me. With my experience in HOAs, I can provide detailed insights and help you find the perfect home.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

The New Way of Conducting Open Houses

A practice change mandated by the National Association of Realtors as a result of a settlement with the Department of Justice means that all MLS participants (that's practically any agent you will run into) must enter into a written agreement with a prospective buyer before any buyer enters a home. 

So how does this affect open houses? People don't necessarily already have an agent, they just want to see an open house. So what happens then?  It's already been a very common practice for an agent to request a prospect to sign in and give basic information. But whether a buyer signed in or not, the agent would show the property and perhaps give a great deal of information about the property, pricing, perhaps some offer terms, just depending on what instructions the seller said to his/her agent. 

But the situation will soon change:

The visitor may be requested to sign a non-agency disclosure/login sheet, a non-agency agreement, or a buyer representation agreement.  As of the end of June, agents will have a new open house disclosure/sign in form for the visitor to sign, in which the visitor acknowledges that the listing agent does not represent the buyer, but the seller only. 

If an unrepresented buyer has a more serious interest in the property and wants to work with the listing agent, then the prospective buyer may sign a full buyer/broker representation agreement effective for up to 3 months (it can be extended) for that and other properties the buyer may want to see because they are searching for a new home. Or the buyer may sign a limited agreement for only the open house property and for no longer than 30 days. 

This is a new world for holding an open house, and the visitor may decide to sign nothing.  In that case, the open house agent is advised to refrain from providing any information other than what is on the listing flyer, because to engage with more information could lead the visitor to believe the open house agent is acting as his/her agent. If the visitor really wants more information beyond what is contained on the flyer, then that information will be provided after the visitor signs in as described above.  The open house attendee may also return after agreeing to work with a different buyer agent.

And, buyer/broker agreements are required prior to showing one or more properties in all situations where a buyer and an agent will be seeing properties together. While this practice is now mandated under settlement terms with NAR, it is fully anticipated that signing a buyer/broker agreement will become a California state law for any and all real estate licensees whether REALTOR member of NAR or not, as soon as January 1, 2025.

I would be happy to answer questions about the future of working with a broker, whether buying or selling, if you are anticipating selling or buying--just contact me via text, phone call or email.

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Summer Concert Schedule Long Beach Municipal Band

Park concert with  LB Municipal Band

The Long Beach Municipal Band will celebrate its115th season in 2024 with free outdoor summer concerts in Long Beach parks.  This summer’s theme “Music to My Ears” will feature the sounds of patriotic music, the movies, pop, jazz and more. Free concerts begin at 6:30 p.m.

Tuesdays: June 25 and July 2 at Whaley Park
Tuesdays: July 9 - 30 at Bixby Annex Park
Wednesdays: June 26 and July 3-31 Los Cerritos Park
Thursdays: June 27, July 11-25, and August 1 at Recreation Park
Fridays: June 28, July 5-26, and August 2 at El Dorado Park West

June 25-June 28 – Night at the Movies - Vocalist - Nicole Kubis 
July 2-5 (No Concert July 4) - Spirit of America Vocalist:  Mark Kopitzke 
July 9-12 - For the Sport of It - Vocalist: L. Young 
July 16-19 - Maestro – Music of Leonard Bernstein - Vocalist: Meloney Collins 
July 23-26 - Constellation of Stars - Vocalists:  The Swing Kittens - Nicole Perreira, Kaley Griffith and Nicole Kubis 
July 30-August 2 - Curtain Call - Vocalist:  Crystal Lewis

 

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Clear The Air with a California REALTOR

    

This video is the most recent of numerous advertisements put out by the California Association of REALTORS concerning the service that REALTORs provide.  Agents who belong to their respective associations provide many services to clients, many of which are not visible on a daily basis.  To find a client a home, or to sell a client's home, holds many responsibilities on the part of the agent -- it is, after all, one of the biggest investments an individual or family may make in their lifetime.  It's important to establish the right foundation for that purchase or sale.  A buyer may be investing their accumulated savings to put down roots, and a seller may be leaving a property of many years ownership which could be both an emotional and a financial transition.

If you are interested in taking the next step in your goals, please contact me via email, phone or text.