Another Look at New Laws

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.

New laws for the new year

At a recent economic seminar with the Silicon Valley Association of Realtors (SILVAR), we learned about changes to real estate law beginning January 1st. We’ll have a full update next week, but in the meantime, let’s focus on four new policies…

CHIC (Pearl)

Under current law, you’re allowed to build an ADU (aka Accessory Dwelling Unit) based on your lot size and zoning regulations in your particular city. Starting in the coming year, you’ll be able to sell an ADU with your lender’s consent and other additional restrictions. Even better, the limit for small real estate claims will jump from $10,000 to $12,050!

GEEK (Kevin)

Starting next year, the environmental hazard information you receive from realtors will have new additions about sea level rise, wildfires, and climate change. Also, if a home has been owned for less than 18 months and has a major renovation, the seller not only has to disclose the changes they made and contacts of subcontractors but also the status of all permits.

California Dreaming

The Dream For All Shared Appreciation Loan is a down payment assistance program for first-time homebuyers from the California Housing Finance Agency (CALHFA). When you sell or transfer, you repay the original down payment, plus a share of the appreciation in the value of the home. So how can you find your California dream?

CHIC (Pearl)

In order to qualify for the Dream For All program, you need to be a first-time homebuyer, which is defined as someone who has not owned and occupied their own home in the last three years. You also need to occupy the property as a primary residence and complete two levels of homebuyer education. Oh, and your household income can’t exceed $300K.

GEEK (Kevin)

State legislators allocated $300M to this program in the form of 30-year fixed-rate loans starting at 6% with a 1.45% fee. Unfortunately, while we were writing this blog, CALHFA announced that all of the program funds have been claimed as of April 7. Hopefully, additional funding will be allocated in the next state budget. In the meantime, get educated and get ready.

Water restrictions rolled back

Governor Newsom announced that he’s ending the call for a statewide voluntary 15% reduction in water use in place since July 2021.

Meanwhile, local water agencies that were expecting just 35% of requested supplies from the state are now on tap to get 75%.

The 3.1 million acre-feet of water that will provide equates to more than double the original projection of 1.4 million acre-feet.

*In case you’re wondering, an acre-foot is about 326,000 gallons!

Here’s more on the story from the LA Times.

Title Contingency

Contingency is a clause buyers include when making an offer on a home that allows them to back out of the deal without losing their deposit if the conditions of the clause aren’t met. So what is a title contingency, and should you include one in your offer?

CHIC (Pearl)

Title contingency protects a buyer against fraud by ensuring the seller is legally authorized to list the property. Imagine going through the whole purchasing process, including negotiation, offers, bidding wars, loan agreements, inspections, and more, only to find out the property isn’t available after all. Sounds like a good idea to me!

GEEK (Kevin)

Title contingency may sound great, but it’s actually redundant in California. That’s because when you buy a home here, either the seller or buyer are required to get title insurance, which clears any clouds around the ownership question. Typically a title check is also performed during escrow, so there are multiple protections for buyers.