CALIFORNIA REALTORS SUCCEED; STOP COSTLY POINT-OF-SALE MANDATE
INDUSTRY NEWS, REAL ESTATE LEGISLATION, REAL ESTATE PRACTICE, SHASTA COUNTY
August 14th, 2008
On Monday August 11, 2008, the California Association of Realtors (C.A.R.) announced
that AB 2204 (De La Torre) failed to clear committee and the bill is dead for now. This bill would have required county lawyers to review every document to be recorded, in conjunction with a real estate transaction, to ensure title documents contained no obsolete, illegal or unenforceable restrictions such as those commonly contained in C,C,& R’s dating back to an era when discriminatory language was commonly placed in deeds.
C.A.R. objected to the cost of providing this service, estimated to be as much as $1,000 per transaction, which would be passed on to the buyer. The Realtor’s trade association also objected to cleansing the public records of historical practices as a way to alter history. Existing law already protects individuals from provisions that restrict the rights of anyone to lease, rent, sell, or occupy a property based on race, religion, ethnicity, gender, age, marital status, disability, source of income or sexual orientation. Expunging the record of these patently discriminatory restrictions only serves to cover up misguided efforts by some individuals to diminish the rights of others.
C.A.R does not want private property owners to be singled out for point-of sale requirements triggered by the sale or transfer of real estate. The association believes if a mandate is good for some, it should be applied to all, not just individuals that happen to be selling their property. These mandates create a checkerboard of compliance with properties held by some individuals for decades avoiding the mandate and those wanting or needing to sell forced to spend, in some cases, hundreds or thousands of dollars to meet the requirements to sell.
Currently, only two point-of-sale mandatesapply in the Redding/Shasta County area. One has to do with having a working smoke detector installed in the home and properly strapping a water heater against earthquake motion. Other parts of the state have retrofit laws passed by local municipalities that can require energy efficient upgrades, removing or disabling a wood burning stove or fireplace or installing earthquake proof gas meters.
530-224-6767 or 530-941-7492
BRAD GARBUTT
REALTOR/BROKER
REAL ESTATE PROFESSIONALS GMAC
QUARTER CENTURY LOCAL REAL ESTATE EXPERIENCE
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