UPDATES ON LAWSUIT FILED BY SDAR AGAINST
NSDCAR, PSAR, and SANDICOR
On January 14, 2016, the San Diego Association of REALTORS® (SDAR or GSDAR) filed a lawsuit against NSDCAR, the Pacific Southwest Association of REALTORS® (PSAR), and Sandicor, the regional MLS serving all of San Diego County. This page is provided as a resource to inform NSDCAR members of issues, events and documents related to the suit. This is a living site, so as the suit moves forward, relevant documents will be added. Please check back from time to time.
The links and information below are from the public domain. NSDCAR does not agree with or disagree with the news and information reported here. We simply want to share what is in the public realm with our members and other interested parties. When fellow REALTORS® sue fellow REALTORS® we find it disheartening.
Updates1/13/16 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 article: REALTOR® Association Sues its Own MLS, Accusing Unfair Business Practices. 1/15/16 NSDCAR statement about the lawsuit. 1/15/16 SDAR President statement about the lawsuit to SDAR members. 1/20/16 Sandicor notice of lawsuit to its MLS participants and subscribers. 1/21/16 San Diego Reader article: Realtor vs. realtor. 1/26/16 Sandicor Q&A: Answers questions about ownership and other issues. 1/28/16 San Diego Business Journal article: Listing Service Conflict Results in Lawsuit (paid subscription needed). 2/10/16 WAV Group article: California Regionals Breaking Ranks. 3/4/16 NSDCAR/PSAR Motion to Dismiss SDAR lawsuit. 3/4/16 Sandicor Motion to Dismiss SDAR lawsuit. 3/18/16 NSDCAR and PSAR statement: "Your MLS is in Jeopardy." 3/22/16 SDAR President's response to "Your MLS is in Jeopardy." 3/23/16 SDAR approves upgrade of Sandicor Servers. 3/25/16 SDAR amended complaint. 3/25/16 Sandicor Questions and Answers on Hardware Replacement. 3/28/16 NSDCAR President's Message: MLS Update. 4/13/16 NSDCAR and PSAR motion to dismiss and motion for attorneys' fees for abandoned claims by SDAR.
The North San Diego County Association of REALTORS® 2016 Election will be held during the period beginning June 15, 2016, at 9:00 am through June 29, 2016 at 5:00 pm. Members in good standing as of April 30, 2016, will be entitled to vote. Click the link below to view the full announcement and slate of candidates. Notice of Election of Directors, Annual Meeting,and Slate of Director Candidates
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.
Do you have clients who are interested in politics? Here is a chance to help them become informed about local issues and the people who will be representing them. NSDCAR is hosting a candidate forum at 6:30 p.m., April 21, for the three candidates seeking election to the Third District County Board of Supervisors seat. The event will be at Morgan Run, 5690 Cancha de Golf, Rancho Santa Fe. REALTORS® and the public are invited, so reach out to your clients and extend an invitation. Moderator for the event will be Union Tribune columnist Logan Jenkins. Panel participants will include current Supervisor Dave Roberts and challengers Sam Abed, currently Mayor of Escondido; and Kristin Gaspar, currently Mayor of Encinitas.
March 28, 2016
MLS UpdateWe are pleased to notify you that Sandicor has received the approval needed to move forward with the necessary computer equipment replacement, as reported to you in our message of 03/18/16 entitled “Your MLS is in Jeopardy.” The approved action will save Sandicor approximately 2.2 million over the next 3 years and allow Sandicor, our MLS provider and operator, to proceed with their recommended solution. Sandicor has now begun the process of replacing the equipment and will proceed as quickly as possible. Their estimate is that this will take 2 months to complete the process of replacing the equipment and data migration. If Sandicor's operating system incurs no software failures before the process is completed, you should not notice any difference in the functionality of the MLS. However, if Sandicor does incur a software failure before the replacement SAN is installed, Sandicor will attempt to minimize its effect, and will also post updates on its website and cause notices to be sent to all of its users. Sincerely, Raylene Brundage, President North San Diego County Association of REALTORS®
March 18, 2016 During the past week, many Sandicor users experienced and voiced complaints about our MLS system’s slow response time. These issues are related to computer hardware at Sandicor that needs to be replaced and delays in being able to do so, caused by the Greater San Diego Association of REALTORS® (GSDAR). The need for equipment replacement was identified well in advance in long term planning; however, Sandicor was notified only a few months ago that it would be losing its full software support effective May 1, of this year which is much sooner than originally anticipated. Once Sandicor was made aware of this, they immediately began researching the most viable solutions for the technical needs. Quickly thereafter they then submitted their recommendations and solutions to rectify this issue without causing any delay or issues to the end users. Unfortunately GSDAR has created delays by boycotting meetings and refusing to approve the recommended $500,000 equipment replacement. Sandicor has ample funds for this replacement; however, any single purchase over $25,000 requires a majority shareholder approval. With the lack of approval by GSDAR, the only option Sandicor is forced to adopt is to move our system to “The Cloud” which: • Is estimated to be $2.7 million over 3 years. This is more than 5 times the recommended $500,000 equipment replacement cost. • Will take 6 months to transition to the Cloud versus 2 months for the equipment replacement. • Will cause a user down time estimated to be 24 hours during the Cloud conversion versus 1 hour with the equipment change. In addition, Sandicor, along with other large MLSs, choose to host their own equipment on site with the advantages of better performance and lower costs. On-site equipment allows quicker diagnosis of issues and reduced down time in comparison to vendor-hosted MLS systems. It is our continued desire to ensure our members’ businesses are not negatively affected in any way and the MLS continues to provide the best possible service. We hope GSDAR will come to the same conclusion, that our MLS service is as critical to their members, as we believe it is for ours. Unless GSDAR agrees to an equipment purchase in the next few days we have no choice but to move to the Cloud at a much greater expense and disruption to our members’ service. Sincerely, Raylene Brundage, President North San Diego County Association of REALTORS® Anthony Andaya, President Pacific Southwest Association of REALTORS®
January 15, 2016
Information Regarding Lawsuit Filed by GSDARThe Greater San Diego Association of REALTORS® has filed a lawsuit in federal court alleging that Sandicor, NSDCAR, and the Pacific Southwest Association of REALTORS® have denied GSDAR access to MLS data and that both Associations have used Sandicor to compete unfairly with GSDAR for members. We are disappointed that GSDAR has chosen to file a lawsuit against Sandicor and its Sandicor partner associations. We firmly believe the claims in the lawsuit are without merit. NSDCAR has always acted in the best of interests of you, our members, and you can be assured we will continue to do so. More details about the lawsuit are available on Inman Select, which is a free NSDCAR member benefit.
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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.