New rules.

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You may have heard about the court ruling that went into effect August 17th prohibiting brokers from cooperating to set their commission rates and providing more transparency and security for homebuyers as well as sellers. We take a look at what this means on the ground.

CHIC (Pearl)

Under the new rules, every National Association of REALTORS® (NAR) agent is required to sign a Buyer Representation Agreement formalizing the relationship between parties before touring a single property. Additionally, properties listed via a Multiple Listing Service (MLS) are no longer permitted to include an offer of compensation to the buyer’s agent in any form or fashion. Buyers can still accept concessions from the seller, such as offers to pay closing costs, and they can still negotiate with sellers to have them pay all or a portion of their agent’s compensation.

GEEK (Kevin)

Like Pearl mentioned, under the new rules, properties on an MLS can’t include an offer of compensation to the buyer’s broker. However, some services allow sellers to communicate to buyer agents that they are open to making concessions. Concessions are generally a credit to the buyer at closing to use for whatever they need — paying closing costs, paying their agent, or covering unexpected repairs. Sellers can also negotiate with the buyer over paying the listing broker’s compensation. This can be in addition to or in lieu of other requests for concessions.

The Fallout from Prop 19

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In November 2020, California voters narrowly passed Proposition 19, changing the way property taxes are assessed to provide more portability for seniors, people with disabilities, and those who lose their homes in wildfires and other disasters. But the new law also came with consequences for family transfers…

CHIC (Pearl)

Under Prop 19, there are new limits on property tax exemptions in transfers to family members. The transfer must be to a child or grandchild, that family member must make the home their primary residence within one year of the transfer, and the exemption is limited to the first $1 million of assessed value over the original base assessment. And no, gifting your property to your child would not qualify for an exemption!

GEEK (Kevin)

Another Prop 19 quirk is that the same property owner can take their base property tax assessment with them to 3 different properties anywhere in California, provided the original and replacement homes are of moderately equal value. I don’t think this will lead to a flurry of seniors on the move, but it seems a bit antithetical to the original intent of Prop 13, which was to allow Californians to age gracefully in place.

Another Look at New Laws

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Let’s take a deeper dive into state legislation coming on the books this year that will impact the real estate industry.

CHIC (Pearl)

Thanks to AB 968, which takes effect July 1, if you sell a property with one to four dwellings within 18 months of acquiring the title, you’ll need to disclose information about any repairs or renovations you’ve had done, in addition to contact info for your contractors and any permits you obtained. Most of this is already covered under existing disclosures in the Seller Property Questionnaire (SPQ), which may be updated to add specific disclosures for flippers.

GEEK (Kevin)

AB 1033 allows for ADUs (aka Accessory Dwelling Units or “Granny Flats”) to be transferred as stand-alone properties, separate from the main dwelling. The property must be classified as a condo, and each lienholder must consent to establishing the condominium. Making matters more complicated, if the property lies in an HOA, the HOA must also approve the condo classification. Fwiw, experts don’t expect this law to be used too often.