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BRE on Realtor Teams

Broker supervision is a nice idea but rarely practiced.  We need perp walks!

In September 2015, the California Bureau of Real Estate (CalBRE) issued an advisory which was captioned “Disciplinary Warning to Real Estate Salespersons Who Act, Conduct Themselves, and/or Advertise as ‘Independent’ Real Estate Professionals — and a Simultaneous Caution to Brokers Who Allow or Support Such Practices”.

(http://www.calbre.ca.gov/files/pdf/adv/Independent%20Real%20Estate%20Professionals.pdf)

Licensees of CalBRE are well advised to review that prior advisory since we continue to see some of the same bad practices identified in that writing.

This discipline “advisory” is being issued as a supplement to that prior warning since CalBRE has taken notice of the use by some real estate salespersons of names and designations (and attendant Internet and marketing materials) that suggest to the public – and mislead consumers into falsely believing – that such salespersons are real estate brokers.

A scenario that we have repeatedly seen is the use by a salesperson (who for this illustration we will identify as John Doe) of a fictitious business name that would lead members of the public to incorrectly believe that the business is operated and managed by a real estate broker. In this example, salesperson Doe conducts business using the name Doe Real Estate.  Doe advertises using that business name, and the advertisements are connected to, or accompanied by, a webpage and other materials that extol the virtues of Doe Real Estate.  The public would not think that Doe is a salesperson who must be supervised by another, and would most certainly conclude that Doe Real Estate is a real estate broker or brokerage.  And the above practices are unlawful.

In addition to the above, many salespersons continue to brand and identify themselves as “independent” real estate practitioners, and they practice and advertise as such.  Unless those salespersons are operating as “teams”, in full compliance with the California laws and rules pertaining to teams (e.g., the disclosure of I.D numbers and the name of responsible broker, and the surname of at least one of the licensee members of the team along with the use of the terms “team”, “group” or associates” with regard to the team), that is unlawful as well.

Further, and depending on the specific language employed with respect to the name(s) and designation(s) used by the real estate salespersons, there might be a violation of the law relative to the use of fictitious names.  Please see the prior guidance given by CalBRE on the proper use and licensing of fictitious names.

As was also stated in the prior warning, under California law, with its two-tiered licensing system, real estate salespersons cannot provide – or advertise that they can provide – real estate services independently of their responsible brokers.

Likewise, salespersons must be associated or affiliated with, and be reasonably supervised by (which supervision includes broker review of the advertising used by the broker’s salesperson or salespersons pursuant to Commissioner’s Regulation 2725(e)) a responsible broker in order to engage in real estate licensed activities in California.  The law provides no exceptions.

CalBRE will take appropriate disciplinary action (including the imposition of significant fines, and  – where appropriate – the revocation of licensure) against real estate salespersons who engage in the unlawful activities discussed above, and against real estate brokers who permit their salespersons to engage in such activities.

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Posted by on Mar 24, 2017 in Jim's Take on the Market, Realtor, Realtor Training | 0 comments

“Severe Housing Drought”

We are used to headline porn, but this one sounds startling – are we having a Severe Housing Drought?

http://www.cnbc.com/2017/03/23/this-is-whats-behind-the-severe-housing-drought.html

In the article, she says that nationally we have the fewest homes for sale than at any time in the last 18 years.  But are they just selling faster, which would give the appearance of low inventory?  If we have a similar number of houses being listed and they are selling faster, I wouldn’t consider that a drought, let alone a severe drought.

First, let’s compare the total supply and number of closed sales in 2017 to previous years – these are the numbers from January 1st to March 15th:

NSDCC (La Jolla to Carlsbad)

Year
# of New Listings
Median LP
# of Solds
Median SP
Median DOM
2013
1,042
$1,149,000
518
$842,950
31
2014
1,029
$1,295,000
464
$981,500
30
2015
1,043
$1,345,000
459
$1,145,000
31
2016
1,145
$1,489,900
421
$1,105,584
26
2017
987
$1,499,000
431
$1,200,000
24

This year’s number of new listings is 7% below the average of the last four years, but I wouldn’t call that a drought. If I watered my grass 7% less, it wouldn’t die. Besides, 40% of all listings don’t sell, so maybe the fewer listings just means fewer OPTs? The number of closed sales is much lower than previous years, but better than 2016.

How about the rest of the county?

San Diego County

Year
# of New Listings
Median LP
# of Solds
Median SP
Median DOM
2013
6,749
$479,000
4,426
$402,000
30
2014
7,077
$539,000
3,544
$475,000
28
2015
7,129
$569,000
3,582
$500,000
30
2016
7,146
$559,925
3,634
$532,500
24
2017
6,347
$639,500
3,696
$560,000
20

There are 10% fewer listings this year, compared to the average of the previous four years, but sales are HIGHER than any of the last three years. There isn’t a perfect relationship between listings and sales, because some of the closed sales were listed before January 1st. But the trend looks fine.

I don’t keep a record of the number of houses that are pending, but a couple of months ago we were around 300 in NSDCC (between La Jolla and Carlsbad).

Here is today’s count:

Area
# of Active Listings
# of Pendings
Median DOM
NSDCC
795
413
22
San Diego County
3,485
3,070
15

The reason we have a record-low number of homes for sale is because they are selling so fast.  Severe drought isn’t the right adjective – can we call it scorching hot?  Half of the pendings found a buyer in 15 days!

With half of the upcoming closed sales finding their buyer that fast, it means they probably paid the seller’s price, or close.  The other half are sellers who are willing to wait until they get their price!  It means the pricing trend should continue upward.

I think we’re back in the frenzy zone!

Posted by on Mar 23, 2017 in Frenzy, How Hot?, Inventory, Jim's Take on the Market, Market Buzz, Market Conditions, North County Coastal | 0 comments

Nice Chevy Truck

Not bad for a guy who went to Cal State Fullerton! From wsj.com:

Scuttling plans to build an elaborate new home, actor Kevin Costner is putting a Santa Barbara County beachfront property on the market for $60 million, according to co-listing agent Tim Hoctor.

The roughly 10.25-acre parcel is on a bluff in Carpinteria, Calif., about 10 miles outside the city of Santa Barbara. The property has views of the Pacific and the mountains, and a path leads from the house to the beach.

The property currently contains a modest house. Mr. Costner had designed a large home, pool and guesthouse for the property, but never got around to building it, said Mr. Hoctor, who said he is a longtime friend of Mr. Costner’s.

Mr. Costner bought the parcel for $28.5 million in 2006, according to public records. Mr. Costner already has a home on the beach in Carpinteria, Mr. Hoctor said, but decided to buy this property after jogging by it one day and seeing a for sale sign. At the time, the parcel spanned about 17.25 acres and included a polo practice field. In 2007, Mr. Costner sold 7 acres to his neighbor, hedge funder Bruce Kovner.

Mr. Costner converted the polo field to a baseball field. “We’ve had some great baseball games there,” Mr. Hoctor said. Mr. Costner removed other structures on the site in preparation for building the new house, he said.

Ultimately, however, Mr. Costner and his wife decided not to build on this property because they’re busy with their three young children and have been spending much of their time at their home in Aspen. “They were really sad,” Mr. Hoctor. “It took them months to decide what to do.”

Mr. Costner, 62, won two Academy Awards for “Dances with Wolves.” He recently appeared in the drama “Hidden Figures.” He couldn’t be reached for comment.

More photos here:

http://www.realtor.com/realestateandhomes-detail/2825-Padaro-Ln_Carpinteria_CA_93013_M29883-00888

Posted by on Mar 23, 2017 in Interesting Houses, Jim's Take on the Market, View | 0 comments