DAOR 1st Quarter Magazine (2017)

In This Issue: •2016 Top Producers and Offices

AN

ANNUAL

KE

T RT

2016

PO

•Rev It Up 2017

UA

U SI N G M A R

RE

•Regulating Marijuana

N

•2017 Volunteers

O LH

•New Laws Affecting REALTORS

REPORT

1st Quarter 2017 Volume 4 Issue 1

2017 Leadership of the DAOR Executive Directors: Mario Acevedo, President Ericka Saenz, President-Elect Dan Nevarez, Vice President Rowena Dominguez, Treasurer Jeanette Baumann, Executive Vice President Directors: Michael Berdelis Maribel Chavez Maria Lilley Remoun Said Diane Sanchez Ruben Sarinana Vicki Spearman Immediate Past President: Carrie Uva

Downey Association of REALTORS 12073 Paramoun t Blvd - Downey, CA 90242 562 861-0915 - Fax 562 923-9995

www.DAOR.com Monday - Friday 9am-5pm Saturday 9am-1pm 24/7 text support :

Text DAOR to 55469 Volume 4 - Issue 1

This publication is printed quarterly, delivered in March, June, September & December

DAOR Chaplain: Ruben Sarinana CAR State Directors: Carrie Uva (also a NAR National Director; Mario Acevedo, Ericka Saenz, Josué Barrios, & Mireya Ruiz (also on CAR State Executive Board)

Table of Contents: Page 1-2 DAOR 2017 Volunteers

Affiliates In Action Committee Carmen Meraz, Chairperson Awards Committee Jason Cierpiszewski, Chairperson Budget & Finance Committee Nubia Aguirre, Chairperson DAOR YPN Jasmin Jones, Chairperson

Page 3-4 Smoke is Smoke: Regulating Marijuana PAGE 1-2

Page 7-10 2016 Annual Report on the Housing Market

Grievance Committee Jeff Worthy, Chairperson LCRC Trustees Kirk Cartozian, Chairperson

Page 11-12 New Laws Affecting REALTORS®

Local Government Relations Jimmy Mercado, Chairperson Membership/MLS-Technology Committee Sandra Carnet-Gutierrez, Chairperson

PAGE 3-4

Nominating Committee Sossi Gabriel, Chairperson

REALTOR Community Relations Committee Esther Lee, Chairperson

Page 15 Top Ten Producing Awards Rev It Up

Scholarship Committee Natalie Romo, Chairperson

PAGE 13

Customer Care Department Nelly Palma, nellyp@DAOR.com Andrew Garcia, communications@DAOR.com Jessica Aiwazzi, cs@DAOR.com Membership Department Julie Sartor, julies@DAOR.com Ruby Lopez, education@DAOR.com Susie Gonzalez, cs@DAOR.com

Page 13 2016 Awards and Pin Ceremony Page 14 Pictures from February’s Luncheon Event

Professional Standards Committee John Lacey , Chairperson

DAOR Staff Jeanette Baumann, EVP - evp@DAOR.com

Page 5-6 Rev It Up 2017

go to www.DAOR.com to “join” DAOR’s Facebook, Twitter, Instagram, YouTube, and View 2014/2015/2016 Pictures on Picasso or google Drive On The Cover DAOR’s 2016 #1 Producing Office: Century 21 Allstars

PAGE 14

(L to R) Kyle Estrada, Joe Villaescusa, Laura Sandez, Richard estrada

DAOR 2017 Committees are now formed and meeting . DAOR Leaders and staff would like to thank everyone who volunteers. There is no other profession that volunteers, and helps others like a REALTORÂŽ.

Local Governmental Relations Committee

DAOR 2017

Membership Committee Jose Perez, Roman Meza, Dan Nevarez, Luther Sanchez, Sandra Carnet-Gutierrez, Solodad Loera, & Lina Salgado

Mariana Pacheco, Laura Dominguez, Sandra Carnet-Gutierrez, Carrie Uva, Jovida Alvarez Diaz (seated l to r) Michael Berdelis, LCRC Trustee Liaison Kirk Cartozian, Chairperson Jimmy Mercado, Alex Saab (missing: Judith Gallardo, & Ceciila Caceres)

Scholarship Committee Vicki Spearman, Tyler Wirth, Rowena Dominguez, Mario Espinoza, Maria Menjivar, Sandra Carnet-Gutierrez, Irma Salgado, Jeff Worthy, Ericka Saenz (sitting l to r) Mariana Pacheco, Yolanda Marmion, Chairperson Natalie Romo, Flor Martinez (missing: Carmen Torres, Cecilia Caceres, & Maricela Casillas)

Nominating Committee

Steve Roberson, Ericka Saenz, Mireya Ruiz and Jason Cierpiszewski (missing: Chairperson Sossi Gabriel & Helen Lancaster)

Professional Standards Committee Alex Saab, Steve Roberson, Dennis Saab, Edwin Huber, Chuck Gugliuzza, Jason Cierpiszewski Jan Molinaro, Maria Menjivar, Esther Lee (missing: Chairperson John Lacey, Sossi Gabriel, & Helen Lancaster)

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Volunteers State & National Directors Josue Barrios, Ericka Saenz, Mario Acevedo, State Executive Director Mireya Ruiz, and Carrie Uva who is also DAOR’s NAR Director

Community Resource Committee Tyler Wirth, Jovida Alvarez Diaz, Maria Menjivar, Vicki Spearman, Diane S. Sanchez, Esther Lee, Irma Salgado, Maribel Chavez, Edith Stine Woods, Judith Gallardo, Ericka Saenz, (seated l to r) Maria Lilley, & Flor Martinez

Grievance Committee Mario Espinoza, Solodad Loera, Natalie Romo, Chairperson Jeff Worthy, Lina Salgado (seated l to r) Jesus Guerra, Sole Gutierrez (missing: Judith Gallardo, Edith Stine Woods, Andrea Jimenez, Joe Bustos, Nestor Peralta, Ralph Helm, Jerry Lohman, John Pagani, Ernie Sifuentes, Sandra Vega, & Sal Hernandez)

Budget & Finance Committee Jason Cierpiszewski, Vicki Spearman, Chairperson Nubia Aguirre, Mireya Ruiz, Ericka Saenz, Treasurer Rowena Dominguez (missing: Larry Kooiman & Sossi Gabriel)

Carmen Meraz, Affiliates In Action Chairperson Jasmin Jones, Young Professionals Network Chairperson Jason Cierpiszewski, Awards Committee Chairperson

LCRC Pac Trustees

Michael Berdelis, Remoun Said, Esther Lee, Chairperson Kirk Cartozian, Nubia Aguirre and Edwin Huber (missing Joe Villaescusa & Sossi Gabriel)

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Smoke is Smoke: Regulating Marijuana

By Esther Schiller

T

he passage of Prop. 64 (Marijuana Legalization Initiative) on the California ballot on November 8th is not a “carte blanche� (total permission) for the use of marijuana wherever and whenever people desire and decide to use it. Rather, the result is the de-criminalization of marijuana use accompanied by a complex series of regulations which will take time to put in place and to fully understand. The bottom line question for this article: can landlords ban the smoking of marijuana in order to protect their properties and their tenants from marijuana smoke? The answer very simply is YES. Marijuana Smoking Can Be Regulated The smoking of marijuana, like the smoking of tobacco products, can be regulated and even banned in apartments (and condominiums). But it is important to make that clear as soon as possible to existing and to prospective tenants. The use of marijuana is still illegal under Federal law, and a landlord

PAGE | 3

can use this information to explain the reason for banning it. However, it may be more helpful to provide your tenants with information about the health risks of exposure to secondhand smoke from marijuana cigarettes and electronic smoking devices using marijuana.

Based on the many calls and e mails we have received from landlords and tenants even before the passage of Prop.

64, there is more worry about being exposed to marijuana smoke than being exposed to tobacco smoke. Landlords have the responsibility to provide a healthful environment for their residents. Smoking tobacco products or marijuana in a unit or on a balcony or patio may be a legal activity which enables the tenant who is smoking to use and enjoy the unit. But if that smoke drifts into another tenant’s unit, it could be preventing that tenant from using and enjoying his or her premises. In addition, the drifting tobacco or marijuana smoke could be considered trespass and/or battery and represents a serious health hazard.

Health Risks of Marijuana Smoke Because marijuana is illegal under federal law, there have been a limited number of studies examining health risks associated with marijuana use and exposure in the United States. However, enough studies have been done to indicate that exposure to secondhand marijuana smoke has health risks similar to the health risks of exposure to secondhand tobacco smoke. In 2009, the California Office of Environmental Health Hazard Assessment added marijuana smoke to its Proposition 65 list of carcinogens and reproductive toxins.

It reported that at least 33 chemicals present in both marijuana smoke and tobacco smoke can cause cancer.

Some of the chemicals include ammonia, arsenic, formaldehyde, hydrogen cyanide, lead, and mercury. In fact, marijuana smoke contains 20 times the amount of ammonia and 3-5 times more hydrogen cyanide than tobacco smoke.

In addition, secondhand smoke from marijuana smoke contains fine partic-

ulate matter that can be breathed deeply into the lungs. This can cause lung irritation, asthma and asthma attacks, and makes people more vulnerable to respiratory infections. This is especially dangerous for people with existing respiratory conditions. Because of the similar chemical composition of marijuana and tobacco smoke, exposure to marijuana smoke can also cause heart attacks and stroke.

Children are especially impacted by the effects of breathing secondhand tobacco smoke and perhaps by marijuana smoke as well. Secondhand tobacco smoke interferes with the ability to learn and causes children to be more likely to suffer from pneumonia, bronchitis, and ear infections. Secondhand smoke exposure can also cause asthma, and children who have asthma will have more asthma attacks and the episodes can be more severe.

The American Society for Heating, Refrigeration, and Air Conditioning Engineering (ASHRAE), is the organization that develops engineering standards for building ventilation systems. ASHRAE now bases its ventilation standard for acceptable indoor air quality on an environment that is completely free from secondhand tobacco smoke, secondhand marijuana smoke, and emissions from electronic smoking devices.

New regulations under Prop. 64 for marijuana use include the requirement that all locations with existing laws or policies with regard to tobacco smoke now include marijuana smoke as well. But it is wise for a landlord who has already adopted no smoking policies for his/her buildings to remind residents that the policy will now also include smoking of marijuana.

Medical Marijuana What about the use of marijuana for medical purposes?

Although a tenant may request a “reasonable accommodation” under Fair Housing laws, we suggest as a compromise that marijuana can also be inhaled using a vaporizer or ingested using foods available in medical marijuana stores. It may also be possible to find recipes for preparing marijuana in

cooked foods. However, there are still some illnesses and treatments of illnesses which make it difficult for patients to “hold food down.” It has been suggested that in these situations, the smoking of marijuana is the only measure that helps the patient to eat. If your tenant can provide a letter or prescription from a doctor that the smoking of marijuana is vital for nutrition, that may necessitate allowing marijuana to be smoked. Perhaps the landlord can provide an outdoor area away from the building where the marijuana can be smoked by that tenant.

Growing Marijuana in an Apartment Unit?

Can your tenant grow marijuana? With regard to cultivation of marijuana in an apartment unit, your tenant can grow up to six plants at any one time. Personal cultivation is subject to local ordinances, but none have been enacted as yet. Plants in excess of 28.5 grams must be kept in a locked space, and not visible from a public space. Persons 21 or older can possess, transport, purchase or give away to a person 21 or older not more than 28.5 grams of marijuana and not more than eight grams of concentrated cannabis. However, they cannot sell marijuana without a license. We understand that there is sufficient clarity in Prop. 64 which allows landlords to establish whatever policy they require on the use of marijuana and that could also include the growing of marijuana plants.

It is vital to include these requirements in your lease or contract.

Esther Schiller is the Executive Director of the non-profit organization Smokefree Air For Everyone (S.A.F.E.) and directs the Smokefree Apartment House Registry, www.smokefreeapartments.org For questions and additional information, she can be reached at info@smokefreeapartments.org.

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REV IT UP 2017

PAGE | 5

THANK YOU SPONSORS

DAOR WOULD LIKE TO THANK OUR REV-IT-UP SPONSORS

PAGE | 6

2016 Annual Report on the Downey Housing Market Detached Homes

Change from 2015:

+ 3.8%

+ 0.8%

+ 4.3%

New Listings

Pending Sales

Closed Sales

Annual Market Activity 25,270

23,440

2012

2014

2015

2016

24,689 24,375 25,307 20,158 17,253 17,005 17,897 18,041

- 7.2%

2013

- 1.3%

+ 5.3%

- 14.4%

+ 3.8%

New Listings

- 1.4%

+ 5.2%

20,055

+ 0.8%

17,856 17,028 17,663 18,431

- 11.0%

Pending Sales

- 4.6%

+ 3.7%

+ 4.3%

Closed Sales

$518,000

+ 10.2%

$723,902

+ 9.0%

Median Sales Price in 2016

Change from 2015

Avg. Sales Price in 2016

Change from 2015

Average Sales Price

Median Sales Price

$723,902

$518,000

$663,828

$470,000

$615,798

$432,000

$540,076

$390,000 $430,758

$311,000

2012

PAGE | 7

+ 25.4%

+ 10.8%

+ 8.8%

+ 10.2%

2013

2014

2015

2016

2012

+ 25.4%

+ 14.0%

+ 7.8%

+ 9.0%

2013

2014

2015

2016

Current as of January 5, 2017. All data from California Regional Multiple Listing Service. Report Š 2017 ShowingTime. | 2

2016 Annual Report on the Downey Housing Market Detached Homes

53

- 7.0%

99.2%

+ 0.1%

Days on Market in 2016

Change from 2015

Pct. of Orig. Price Received in 2016

Change from 2015

Pct. of Orig. Price Received

Days on Market Until Sale 77

100.0% 59

57

- 28.6%

+ 7.3%

- 3.4%

- 7.0%

2013

2014

2015

2016

55

2012

98.9%

99.1%

99.2%

+ 3.2%

- 1.1%

+ 0.2%

+ 0.1%

2013

2014

2015

2016

96.9% 53

2012

2.3

- 11.5%

3,484

- 10.0%

Months Supply in 2016

Change from 2015

Homes for Sale in 2016

Change from 2015

Months Supply of Inventory

Inventory of Homes for Sale

At the end of each year

At the end of each year

2.9

3.1

2.5

2012

4,262

2.6

4,237

4,336 3,871

2.3

+ 16.0%

+ 6.9%

- 16.1%

- 11.5%

2013

2014

2015

2016

2012

3,484

- 0.6%

+ 2.3%

- 10.7%

- 10.0%

2013

2014

2015

2016

Current as of January 5, 2017. All data from California Regional Multiple Listing Service. Report Š 2017 ShowingTime. | 3

2016 Annual Report on the Downey Housing Market Detached Homes Median Sales Price

Homes for Sale

2015

2016

Percentage Change

2015

2016

Percentage Change

Anaheim

$485,000

$525,000

+ 8.2%

179

174

- 2.8%

Artesia

$420,000

$503,888

+ 20.0%

21

10

- 52.4%

Bell

$330,000

$358,000

+ 8.5%

5

11

+ 120.0%

Bell Gardens

$342,500

$390,000

+ 13.9%

7

9

+ 28.6%

Bellflower

$412,000

$445,000

+ 8.0%

39

43

+ 10.3%

Compton

$293,000

$325,000

+ 10.9%

185

95

- 48.6%

Downey

$480,000

$520,000

+ 8.3%

111

114

+ 2.7%

East Los Angeles

$325,000

$375,000

+ 15.4%

25

16

- 36.0%

Hacienda Heights

$600,000

$580,000

- 3.3%

102

89

- 12.7%

Huntington Park

$347,250

$385,000

+ 10.9%

36

20

- 44.4%

Inglewood

$410,000

$447,000

+ 9.0%

54

52

- 3.7%

La Habra

$512,500

$550,000

+ 7.3%

59

53

- 10.2%

La Mirada

$505,000

$535,000

+ 5.9%

52

42

- 19.2%

La Puente

$375,000

$410,000

+ 9.3%

124

85

- 31.5%

Lakewood

$484,050

$520,000

+ 7.4%

85

80

- 5.9%

Long Beach

$530,000

$566,366

+ 6.9%

402

298

- 25.9%

Los Alamitos

$725,000

$762,500

+ 5.2%

5

3

- 40.0%

Los Angeles

$650,000

$706,000

+ 8.6%

1,625

1,725

+ 6.2%

Lynwood

$330,000

$375,750

+ 13.9%

48

19

- 60.4%

Maywood

$332,500

$337,500

+ 1.5%

12

8

- 33.3%

Montebello

$450,000

$480,000

+ 6.7%

30

40

+ 33.3%

Monterey Park

$564,900

$619,995

+ 9.8%

54

37

- 31.5%

Norwalk

$390,000

$424,000

+ 8.7%

119

89

- 25.2%

Paramount

$345,000

$380,000

+ 10.1%

18

16

- 11.1%

Pico Rivera

$385,000

$420,000

+ 9.1%

46

46

0.0%

Santa Fe Springs

$425,000

$450,000

+ 5.9%

15

10

- 33.3%

South Gate

$355,000

$389,000

+ 9.6%

62

30

- 51.6%

Whittier

$448,000

$481,000

+ 7.4%

224

186

- 17.0%

PAGE | 9

Current as of January 5, 2017. All data from California Regional Multiple Listing Service. Report Š 2017 ShowingTime. | 5

2016 Annual Report on the Downey Housing Market Detached Homes New Listings

Closed Sales

2015

2016

Percentage Change

2015

2016

Percentage Change

1,303

1,357

+ 4.1%

1,031

1,073

+ 4.1%

Artesia

104

104

0.0%

78

67

- 14.1%

Bell

33

57

+ 72.7%

25

31

+ 24.0%

Bell Gardens

36

33

- 8.3%

28

16

- 42.9%

Bellflower

295

331

+ 12.2%

242

260

+ 7.4%

Compton

935

866

- 7.4%

639

678

+ 6.1%

Downey

710

675

- 4.9%

493

467

- 5.3%

East Los Angeles

110

119

+ 8.2%

86

81

- 5.8%

Hacienda Heights

509

492

- 3.3%

316

304

- 3.8%

Huntington Park

154

126

- 18.2%

102

84

- 17.6%

Inglewood

337

310

- 8.0%

224

237

+ 5.8%

La Habra

493

457

- 7.3%

381

359

- 5.8%

La Mirada

433

423

- 2.3%

362

368

+ 1.7%

La Puente

721

600

- 16.8%

485

472

- 2.7%

Lakewood

819

900

+ 9.9%

721

751

+ 4.2%

Long Beach

2,894

2,772

- 4.2%

2,280

2,273

- 0.3%

Los Alamitos

73

67

- 8.2%

60

54

- 10.0%

Los Angeles

9,433

10,846

+ 15.0%

6,278

7,118

+ 13.4%

Lynwood

243

216

- 11.1%

174

146

- 16.1%

Maywood

47

30

- 36.2%

28

16

- 42.9%

Montebello

223

231

+ 3.6%

183

170

- 7.1%

Monterey Park

356

337

- 5.3%

236

262

+ 11.0%

Norwalk

721

759

+ 5.3%

566

616

+ 8.8%

Paramount

119

127

+ 6.7%

85

95

+ 11.8%

Pico Rivera

355

346

- 2.5%

299

262

- 12.4%

Santa Fe Springs

115

94

- 18.3%

85

80

- 5.9%

South Gate

306

284

- 7.2%

232

213

- 8.2%

1,609

1,494

- 7.1%

1,281

1,195

- 6.7%

Anaheim

Whittier

Current as of January 5, 2017. All data from California Regional Multiple Listing Service. Report Š 2017 ShowingTime. | 4

Courtside Newsletter New Laws Affecting REALTORS® BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW ASHLEY A. PLANCHON, LAW CLERK CASEY MCINOTSH, PARALEGAL

The California Legislature has enacted several new laws that may affect REALTORS® and their practices over the next two years. This month’s Courtside Newsletter provides an overview of those laws and their potential impact.

Uniform Advertising – Assembly Bill 1650 [Effective January 1, 2018] Under current real estate law, any solicitation materials published, circulated, or distributed by a real estate licensee performing an activity for which a real estate license is required must contain a disclosure to the effect that a real estate license is required for the activity. Furthermore, a licensee is also required to include his or her license number (and unique identifier for mortgage loan originators) on such materials that are intended to be a “first point of contact with consumers” and on real property purchase transactions in which he or she is acting as an agent.

In an attempt to create uniform standards across a variety of advertising mediums, Assembly Bill 1650 will amend Business & Professions Code § 10140.6. Effective January 1, 2018, a real estate licensee will also be required to disclose the responsible broker’s identity in addition to the licensee’s name and license number. (Again, if the licensee is a mortgage loan originator, the unique identifier must also be listed.) As defined in B&P § 10159.7, “responsible broker’s identity” means the name under which the broker is licensed by the California Bureau of Real Estate (CalBRE). The inclusion of the responsible broker’s identification number is optional.

“Solicitation materials” are materials intended to be the first point of contact with the consumer. The definition of such materials will also be redefined to include: •business cards; •stationary; •advertising flyers; •advertisements on television, in print, or electronic media; •“for sale,” rent, lease, “open house,” and directional signs; and •“other materials designed to solicit the creation of a professional relationship with a consumer.”

An exception to this rule is if the “for sale,” rent, lease, “open house,” and directional signs do either of the following: 1.Display the responsible broker’s identity without reference to an associate broker or license; or, 2.Display no licensee information (i.e. a generic sign).

A “refence” to an agent would be anything that names an agent in any way. It is important to note that a sign displaying no licensee information

PAGE | 11

would likely be a violation of the National Association of REALTORS® (NAR) Code of Ethics Standard of Practice 12-5. (SOP 12-5 states that any advertising materials must disclose the name of the REALTOR®’s firm in a “reasonable and readily apparent manner.”)

This piece of legislation is considered to be the most important law affecting agents this session, and provides a year for all agents to become compliant.

Team Names – Senate Bill 710 [Effective August 28, 2016] SB 710 amended Business & Professions Code § 10159.7 immediately to redefine the meaning of “responsible broker’s identity.” Previously, it had been defined as “a name and the associated license identification number under which the responsible broker is currently licensed and conducts business in general or is a substantial division of the real estate firm” (emphasis added). The Code will be amended to define it as the name or both the name and associated license identification number.

Per the California Association of REALTORS® (C.A.R.), this amendment now allows for only the responsible broker’s name to be displayed in all team name and agent-owned DBA advertising. Displaying the broker’s license number is optional. The team name and broker name must still remain equally prominent on all advertisements and first point of contact materials.

CalBRE Website Licensee Information – Assembly Bill 2330 [Effective January 1, 2018] Currently, the CalBRE lists information regarding the status of every license issued by the Bureau pertaining to “brokers” and “salespersons.”

Brokers are also required to immediately notify the Bureau when a salesperson enters into or is terminated from employment with the broker. AB 2330 will amend Business & Professions Code § 10083.2 to require CalBRE to include whether the licensee is an associate licensee. Per Civil Code § 2079.13, and associate licensee is a real estate broker or salesperson who is “either licensed under a broker or has entered into a written contract with a broker to act as the broker’s agent…and to function under the broker’s supervision…” The new statute will also require CalBRE to include whether the associate licensee is also a broker (i.e. a broker-associate), and to include information regarding the responsible broker under whom the associate licensee is acting. Responsible brokers will also be required to inform CalBRE if a broker-associate is engaged in or terminated from employment, as requirement that was missing from the previous law. This law will go into effect on January 1, 2018.

Disciplinary Action Records on CalBRE Profile – Assembly Bill 1807 [Effective January 1, 2018] Any disciplinary action reported on a licensee’s profile on the CalBRE’s website is currently slated to remain there indefinitely. However, AB 1807 will amend Business & Professions Code § 10083.2 to allow licensees to petition CalBRE to remove the disciplinary action from the public profile. Per AB 1807, the petition will be accompanied

by a fine, which will go into the Real Estate Fund, and could only be submitted at least 10 years after the violation was initially posted to CalBRE’s website. In the petition, the licensee must provide both justification for the removal and evidence of rehabilitation, which will indicate that the posting is no longer required to prevent a risk to someone utilizing the licensee in his or her capacity as a real estate agent. Review and granting of a petition is at CalBRE’s discretion, and CalBRE will also take into consideration other violations that could present a risk to the public that have arisen since the posting of the violation. There is no guarantee that the violation will be removed from the website following the submission of a petition. Licensees may begin submitting petitions January 1, 2018.

Death of Occupant Disclosure – Assembly Bill 73 [Effective September 25, 2016] Prior to enacting AB 73, existing law merely stated that no cause of action would arise against a real property owner or agent or agent of a transferee for failure to disclose to the transferee that a death occurred upon the property or that an occupant had or died from Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus. Under AB 73, Civil Code § 1710.2 was amended to clarify that the owner of a real property, his or her agent, or the agent of a transferee of a property is not required to disclose an occupant’s death on the real property if that death occurred more than three (3) years prior to the date of the offer to purchase, lease or rent the real property. Furthermore, the owner, his or her agent, or the agent of the transferee is not required to disclose that an occupant of the property was living with HIV or died from AIDS-related complications.

It should be noted that the three-years rule is not hard and fast. If a real property is particularly stigmatized and the value of the property is affected by a death that took place more than three years prior to the transaction, such a fact should be disclosed. For example, in the 1983 case of Reed v.

King (145 Cal. App. 3d 261) the fact that the house was the site of a grue-

some murder involving a woman and her four children ten years prior was a fact that affected the value of the home and should have been disclosed to the buyer. (It was not, hence the litigation.)

Additionally, if an occupant died from AIDS-related complications within the three years prior to the transaction, the law does not preclude the disclosure of the death. However, the owner and/or agent would not specify the manner of death, simply that it occurred on the property. An owner and/or agent is also not precluded from intentional misrepresentation.

If a potential transferee asks if an occupant died on the property and the owner and/or agent has knowledge that a death occurred, he or she must answer truthfully. The C.A.R. Seller Property Questionnaire (SPQ) and the Exempt Seller Disclosure (ESD) forms cover disclosures.

This law took effect immediately on September 25, 2016, “in order to protect HIV and AIDS patients and the HIV/AIDS community from discrimination in real property transactions that may otherwise impose severe emotional distress…” Under federal law, people with HIV/AIDS are considered handicapped and protected from discrimination under the Fair Housing Act. The California Association of REALTORS® offers a Legal Q&A entitled “Disclosure of Death and AIDS” for further information regarding this topic and how it affects REALTORS®. * * * In an effort at brevity, not all new laws are covered here. As always, we encourage you to seek qualified legal counsel should you have any questions or concerns regarding the law and how it affects your real estate practice.

This Newsletter is a copyrighted publication and may not be reproduced or transmitted in any form or by any means without written permission. This article does not necessarily reflect the point of view of The Giardinelli Law Group, APC, or other person or entity who publishes it. This article provides legal information abridged from statutes, court decisions, and administrative rulings and contains opinions of the writers. Legal information is not the same as legal advice, which is the application of law to an individual’s specific circumstances. Although every effort is made to ensure the information is accurate and useful, it is recommended that you consult with a lawyer to obtain professional assurance that the information provided and your interpretation of it is appropriate for a particular situation. To request further information or to comment on this newsletter, contact us at (951) 244-1856 and visit our website at www.glawgroupapc.com.

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Owning a Farmers® agency means there’s virtually no limit to your

As a Farmers small business owner, you can provide information to your

We offer the financial structure to get started and the support to

income potential—with ongoing commissions for every active policy.

customers at every stage of their lives and give them options to achieve their financial dreams.

succeed. Farmers Insurance training has been ranked in the top five by Training Magazine for four years.

To find out more contact Antonio @ 562-622-0062 • Antonio.rcorral@FarmersAgency.com 8141 2nd St, Ste 215, Downey, CA 90241

PAGE | 12

2016

Andy Zuloaga

Affiliate of the Year

Chuck Gugliuzza

Distinguished Service Award

AWARDS Mario Acevedo

Linda Castellanos

Chair Person of the Year

Eric Pierce

Volunteer of the Year

PIN CEREMONY

Community Award

Celebrating the members who have been with us for 20, 25, 30, 35, 40, 50, and 56 years!

DEDICATED TO ORGANIZED REAL ESTATE The Downey Association of Realtors® honor a few members who celebrated the number of years as professional Realtors®.

Congratulation to the following REALTORS receiving their REALTOR pin - (top/right) John Lacey 50 Years, Steve Roberson 30 Years, David Jervis 30 Years, Luis Valdes 56 Years, Mike Rodriguez 25 Years, Bev Baumann 40 Years, Miriam Villanueva 25 Years, Carmen Torres 20 Years, Jan Molinaro 40 Years, Penny Watson 35 Years, Lucy Santamaria 35 Years, Francisco Arevalo 20 Years, Marina Martin 36 Years

FEBRUARY LUNCHEON CHRIS VOSS With Guest Speaker

PAGE | 14

TOP TEN

PRODUCING AWARD WINNERS

Top Ten Producing DAOR REALTOR Offices: Jackie Funk - Century 21 Jervis & Associates, Michael Berdelis - 24 Hour Real

Estate, Russell Skersick, Steve Roberson - Century 21 My Real Estate, Leo Robles, Josh Spitzen - Keller Williams Pacific Estates - Cerritos, Joe Villaescusa, Richard Estrada - Century 21 Allstars, Dan Nevarez - Century 21 Realty Masters, Alex Felix - VIP Real Estate Firm, David Sariñana - Century 21 A Better Service Realty, Monica Villamil - RE/MAX Innovative, Intero Real Estate Services (missing from photo)

Top Ten Producing REALTOR Teams: #8 Ramon Sanchez, Keller Williams Pacific Estates – Cerritos - #1 David Delgado, Delgado Realty Group - #4 Wonnie Kim, Broker - #6 Remoun Said, Keller Williams Pacific Estates – Cerritos - #9 Hector Benavidez, Century 21 Allstars - #3 Jose Manjarrez, Century 21 Realty Masters – Norwalk - #5 Steven Padilla, Century 21 A Better Service Realty - #7 Eloy Villamil, RE/MAX Innovative - #10 Marie Picarelli, 24 Hour Real Estate - #2 Michael Berdelis, 24 Hour Real Estate

Top Ten Producing REALTOR Members: #7 Luther Sanchez, Century 21 Allstars - #8 Rigo Gaxiola, Century 21 Allstars - #6 Ray Penado, Lotus Group Real Estate - #5 Misael Vasquez Jr, Century 21 Allstars - #9 Craig Marson, First Team Real Estate -#3 Marlene Rodriguez, M.R. & Associates - #1 Maria Fernandez, Sunrise Realty - #4 Josue Ramon, Excellence Premier Real Estate - #2Alma Rodriguez, Genesis Realty (Missing from Photo) - #10 Mike Medina, California Properties & Realty (Missing from Photo)

CONGRATULATIONS TO ALL OUR AWARD WINNERS

PAGE | 16

12073 Paramount Blvd, Downey CA 90242 “Your Personal REALTOR Association”

Security Land Escrow SECURITY LAND ESCROW Celebrating over 70 years of service Office: (562)862-2129 Fax: (562)869-5547 10805 Paramount Blvd.

Ste. A Downey, CA 90241 Members of: Richness Photography

Escrow Agents Fidelity Corp.

American Escrow Assoc.

CA Escrow Assoc.

Downey Chamber of Commerce Long Beach Escrow Assoc.

AAA Better Business Bureau Rating

­LOW rates ­Bilingual ­NO "in house: Notary Fees ­NO Messenger Fees ­Same Day Escrow Instructions

Residential Mobile Homes Refinance Commercial Business Opportunity ABC License Transfer

Bulk Sales 1031 Exchange Probates Sub Divisions Holding Escrow Income Properties