NSDCAR Members from Tour 701, Carlsbad, Encinitas, Cardiff, donated $1,690.50 to Veterans 360, a non-profit organization. The mission of Veterans 360 is to eliminate the stigma of those struggling with post-traumatic stress, allowing victims of PTS to receive education and support instead of going it alone. This is a critical first step to reducing epidemic levels of suicide among PTS sufferers. For more information about Veterans 360, visit http://www.carrythechallenge.org/what-is-the-challenge/ Pictured above from left: Bill Richard, Evangelina Marshall, Rick Collins of Veterans 360, Rebecca Negard, and Bill Ims.
NSDCAR Updates on GSDAR Lawsuit Filed Against NSDCAR, PSAR, and Sandicor
On January 14, 2016, the San Diego Association of REALTORS® (SDAR), filed a lawsuit against the local MLS, Sandicor, Inc., and North San Diego County Association of REALTORS®, and Pacific Southwest Association of REALTORS®.
This page is a resource to keep members of North San Diego County Association of REALTORS® informed about the litigation filed by the San Diego Association of REALTORS®, also known as SDAR or GSDAR against Sandicor, the North San Diego County Association (NSDCAR), and the Pacific Southwest Association of REALTORS® (PSAR).1/13/16 CRMLS and Sandicor announce a datashare agreement with CRMLS to provide Sandicor agents access to CRMLS listings. 1/14/16 Lawsuit filed by GSDAR against North San Diego County Association of REALTORS, Pacific Southwest Association of REALTORS, and Sandicor. 1/15/16 Inman Select posts article: REALTOR® Association Sues its Own MLS, Accusing Unfair Business Practices 1/15/16 NSDCAR issues statement about the lawsuit to its members. 1/15/16 SDAR President issues statement about the lawsuit to its members. 1/20/16 Sandicor issues notice of lawsuit to its MLS members 1/21/16 San Diego Reader article 1/26/16 Sandicor issues Q&A to address certain issues relating to the lawsuit 1/28/16 San Diego Business Journal article: Listing Service Conflict Results in Lawsuit (paid login needed) 2/10/16 WAV Group article: California Regionals Breaking Ranks 3/4/16 NSDCAR and PSAR Unite in Defense Against SDAR Lawsuit 3/4/16 NSDCAR/PSAR Motion to Dismiss and Background Information. 3/4/16 Sandicor Files a Motion to Dismiss with the Courts. 3/18/16 NSDCAR and PSAR release statement: "Your MLS is in Jeopardy" 3/22/16 SDAR President releases statement 3/23/16 SDAR signs motion to move forward the upgrade of the Sandicor servers after lengthy delay. 3/25/16 SDAR discards old complaint and files new complaint with courts ignoring issues related to first complaint. 3/25/16 Sandicor Questions and Answers on Hardware Replacement 3/28/16 NSDCAR President's Message to Members - MLS Update 4/13/16 NSDCAR and PSAR file a motion to dismiss and motion for attorneys' fees for abandoned claims by SDAR.
Sign Issues in Carlsbad to Be Discussed With the City's Code Enforcement Dept.The City of Carlsbad has begun an aggressive enforcement program, removing open house and directional signs placed illegally in the public right-of-way. Carlsbad regulations prohibit such signs and city code enforcement has responded as a result of complaints from the public. In general, according to Carlsbad Housing and Neighborhood Services Director Debbie Fountain, “no signs of any type are allowed in the public right-of-way. The real estate agents can install signs on private property with permission of the property owners. Private property generally starts 10 feet from curb. We may need to talk about how best to do this in the future.”
NSDCAR Government Affairs Department Meets with City of Carlsbad Code EnforcementCarlsbad City Hall (Council Chambers) March 15, 2015 (10:00 am) REALTORS® are invited to attend. Help spread the word! NSDCAR Government Affairs Department has set up a meeting with the City of Carlsbad Code Enforcement Staff to discuss this issue. Please plan on attending and help spread the word to attend this important meeting. In the meantime, if your signs have been picked up, you must call (760) 602-2703 and make an appointment to pick them up from a city storage yard. Appointments are necessary because there is not always someone available at the storage area.
The California Association of REALTORS® has created a chart summarizing new laws passed by the California Legislature and the U.S. Congress that may affect REALTORS® in 2016. View the chart Current topics been affected by new laws: Advertising - "Hosting Platforms" (such as Airbnb) Must Provide Warning Auctions - Credit Bid Exception Eliminated Effective September 28, 2015 Broker and Agent Practice - Team Names Effective July 16, 2015 Broker and Agent Practice - Threshold Brokers Broker and Agent Practice - Trust Fund Withdrawals Common Interest Developments - Clothesline or Drying Racks Common Interest Developments - FHA or VA approval Effective July 1, 2016 Common Interest Developments - Water Use Effective September 9, 2015 Developments - Water Use Effective, October 11, 2015 Consumer Protection - Information Security Procedures Consumer Protection - Information Security Breach Notification Disclosures - Repeals Energy Use Disclosures for Commercial Property Discrimination - Construction Related Accessibility Lawsuits Discrimination - Protections against Discrimination Based Upon Citizenship, Primary Language or Immigration Status Employment - Discrimination Based Upon Disability and Religious Belief Employment - Discrimination Based Upon Gender, Equal Pay For Substantially Similar Work Employment - Paid Sick Leave Clean-Up Legislation Effective July 13, 2015 Employment - Use of Paid Sick Leave Escrows - Bonding and Business Location Rules for Underwritten Title Companies Effective July 1, 2016 Financing - Homebuyer's Downpayment Assistance Program Insurance - Earthquake Premiums Landlord/Tenant - Clotheslines or Drying Racks Landlord/Tenant - Insurer may not discriminate on basis on the renter's source of income or receipt of public assistance. Landlord/Tenant - Mold, Habitability Standards Landlord/Tenant - Notice of Pesticide Use Landlord/Tenant - Price Gouging During a Declared State of Emergency Landlord/Tenant - Rent Control in City of Richmond Effective Date Suspended Landlord/Tenant - Victim's Right to Terminate Tenancy Licensing - Continuing Education Licensing - Personal Information Marijuana Regulation - Structure to License Tax and Regulate Mobilehomes - Criteria for Park Approval of Purchaser; For Sale Signs Effective July 1, 2016 Mobilehomes - Disposal of Abandoned Mobile Homes Mobilehomes - Restraining Orders in Limited Civil Cases Probate Avoidance - Transfer on Death Deed with Named Beneficiary Tax - Exemption from Additional Recording Fee Tax - Fire Prevention Tax - Private Transfer Fees Utilities - Liens on Real Property Imposed by Municipal Utility Districts Water Use - Artificial Lawns Effective October 9, 2015 Water Use - Lawn Appearance
RealtyTrac recently analyzed school test scores for nearly 27,000 elementary schools in more than 7,200 U.S. ZIP codes, along with home price affordability in those same ZIP codes. Out of 1,823 ZIP codes with at least one good school, 1,192 (65 percent) were unaffordable for average wage earners - meaning average wage earners need to spend more than one-third of their income to buy a median-priced home. Metro areas with the most unaffordable ZIP codes with good schools were Los Angeles (183), New York (158), San Francisco (77), Chicago (58), San Diego (49), Riverside-San Bernardino, California (39), Seattle (35), Miami (33), Denver (30), Sacramento (30), and San Jose (30). Metro areas with the most affordable ZIP codes with good schools were Chicago (172), Detroit (45), Phoenix (22), Miami (20), Charlotte (17), St. Louis (16), Tampa (15), Milwaukee (14), and Rochester, New York (13), followed by six metro areas with 10 apiece; Albany, New York; Nashville, Buffalo, New York; Rockford, Illinois; Grand Rapids, Michigan; and Kansas City. In ZIP codes with at least one good school, the median home price was nearly double the median home price in ZIP codes with no good schools. The median sales price in 2015 for homes in ZIPS with good schools was $411,573 on average, 95 percent higher than the median home sales price in ZIP codes without any good schools ($210,662). Home Prices in 2015 increased at the same annual pace in ZIP codes with at least one good school as in ZIP codes with no good schools. Median home prices increased 7 percent on average from 2014 to 2015 across the 1,823 ZIP codes with good schools and also increased 7 percent on average during the same time period in the 5,424 ZIP codes without a good school. Visit http://www.realtytrac.com/news for more on this and other real estate topics.
Keep your business free from fines and legal trouble by taking a moment to review real estate advertising rules.
State of California Bureau of Real Estate License Disclosure Requirements for AdvertisingReview the chart showing the required disclosures of licensure for various advertising scenarios. Also included are the requirements of the Business and Professions Code, which applies to all first point-of-contact materials designed to solicit the creation of a professional relationship between the licensee and the consumer. The disclosures are required in all advertising including, but not limited to, flyers, mailers, TV, radio, newspapers, magazines, yellow pages, and the Internet. View the chart.
Sandicor Rules and Regulations12.8 Advertising of Listing Filed With the MLS "A listing shall not be advertised by any participant or subscriber, other than the listing broker, without the prior written consent of the listing broker except as provided in Section 12.16 relating to display of listings on the Internet." View Sandicor Rules and Regulations
Legal Q&As on Real Estate AdvertisingAdvertising by REALTORS® (Login) Advertising Someone Else's Listing (Login) How to Properly License Property Photographs
Effective October 1, 2015, Sentrilock's SentriSmart System will no longer support devices using IOS6. This is the operating system used on Apple's iPhones, iPads, and iPods. Starting October 1, 2015, agents using IOS6 will no longer be able to use SentriSmart to access a lockbox. Also, starting October 1, 2015, all SentriSmart users regardless if they use an Apple of Android product will be required to update to the most recent version of the application. For additional information or assistance, contact Sentrilock Support at (877) 736-8745.
Paragon Users! Windows 10 has been added to the list of compatible and supported operating systems for use with Paragon MLS system.
Open House Incident Report
Agents, Please Be Alert and Aware!NSDCAR has received a very disturbing report about an incident at an open house being featured at the 4S Ranch/Rancho Bernardo area Caravan on August 11, 2015. A man reportedly creeped silently into the Open House. Unbeknownst to the agent, the man crept up behind her while she was on her cell phone and ascending the stairs of the home. At the same time, the owner's teenager appeared at the top of the stairs and witnessed the man creeping behind the agent. Upon seeing the teen, the man turned and quickly left. The teen followed the man to the front door and observed the stranger walking quickly down the street, glancing back at the house. There was no apparent car in sight. The teenager described the man as being "really creepy," and making absolutely no noise walking on the wood floors.The agent never saw or heard the stranger. The suspicious man is described as being an older white male in his 60s, approximately 5' 8", wearing dark colored shorts and t-shirt, with a baseball hat pulled low over sunglasses and a backpack. Knowledge. Awareness. Empowerment. REALTORS® face potential dangers every day. Please be alert and aware of your surroundings. Empower yourself and your clients with precautions and preparations to stay safe and avoid risky situations. As a member of NSDCAR, you have access to safety materials and resources to assist you in maintaining awareness and safety. We encourage you to click the button below to access the following resources that are available to you as part of your membership: • Safety webinars by industry experts • Safety product descriptions and reviews • Safety forms • Articles • Videos
REALTORS® across the country receive threatening demand letters and lawsuits alleging patent infringement based on the use of common business tools, such as drop down menus or search alert functions on websites and the scanner function on a copier. These patent trolls buy vague patents and use them to turn everyday business practices into potential lawsuits. H.R.9 is scheduled for the House floor consideration later this summer, a comprehensive patent litigation reform to protect Main Street businesses and REALTORS® from patent troll abuse. Tell your U.S. Representative to support H.R.9, the Innovation Act, to stop patent trolls and protect the real estate industry from frivolous lawsuits! Protect Your Business! Take Action Today