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    Alicia Higgins-Lewis was honored with the 2016 Honorary Member of the Year award at this years Board of Directors Installation. The Honorary Membership is an award given to a member of the Placer County Association of REALTORS who has been a member of Read More
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    Marc Fletcher was honored with the 2016 Affiliate of the Year award at this years Board of Directors Installation. The Affiliate of the Year award is the highest honor given to an Affiliate member of the Placer County Association of REALTORS. The Read More
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HUD Letter Allows Percentage Plus Flat Fee Commission

26 Feb 2010
A real estate broker’s commission may be determined using a percentage of the sales price, a flat fee, or a combination of both, according to a recent letter from HUD’s General Counsel Helen Kanovsky.  The January 22 letter clarifies the distinction between using a formula to calculate a legitimate commission, as opposed to an unearned fee that violates RESPA.  Under RESPA, a real estate broker cannot charge a fee if no, nominal, or duplicative work is done. According to the letter from Ms. Kanovsky, the new HUD-1 simplifies the reporting of the broker’s commission because it is now reported in the 700-series as dollar amounts, rather than percentages.  If, however, the amount in the 700-series is more than the commission in the listing agreement or buyer’s broker agreement, then HUD may review whether additional services were provided for the excess amount charged.  As an example, a listing broker charging the buyer an administrative fee absent any contractual relationship between the listing broker and buyer may be evidence of a RESPA violation. This HUD letter provides REALTORS® with some guidance after a federal district court in Alabama invalidated a $149 administrative brokerage commission last year in the case of Busby v. JRHBW Realty, Inc. (2009) 642 F.Supp.2d 1283.  For more information on that case, see C.A.R.’s Realegal dated April 27, 2009. 

HUD LETTER ALLOWS PERCENTAGE PLUS FLAT FEE COMMISSION

A real estate broker’s commission may be determined using a percentage of the sales price, a flat fee, or a combination of both, according to a recent letter from HUD’s General Counsel Helen Kanovsky.  The January 22 letter clarifies the distinction between using a formula to calculate a legitimate commission, as opposed to an unearned fee that violates RESPA.  Under RESPA, a real estate broker cannot charge a fee if no, nominal, or duplicative work is done.

According to the letter from Ms. Kanovsky, the new HUD-1 simplifies the reporting of the broker’s commission because it is now reported in the 700-series as dollar amounts, rather than percentages.  If, however, the amount in the 700-series is more than the commission in the listing agreement or buyer’s broker agreement, then HUD may review whether additional services were provided for the excess amount charged.  As an example, a listing broker charging the buyer an administrative fee absent any contractual relationship between the listing broker and buyer may be evidence of a RESPA violation.

This HUD letter provides REALTORS® with some guidance after a federal district court in Alabama invalidated a $149 administrative brokerage commission last year in the case of Busby v. JRHBW Realty, Inc. (2009) 642 F.Supp.2d 1283.  For more information on that case, see C.A.R.’s Realegal dated April 27, 2009. Realegal® is published by the CALIFORNIA ASSOCIATION OF REALTORS®, a trade association representing more than 175,000 REALTORS® statewide. Copyright © 2010 CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.)

C.A.R. releases “2009-2010 Survey of California Home Sellers”

25 Feb 2010
Report finds 67 percent of California sellers sold their homes due to inability to meet mortgage obligation LOS ANGELES (Feb. 25) –Changes in family and employment status as well as adjustments to monthly mortgage obligations played significant roles in California’s homeowners’ decisions to sell their homes in 2009, according to the CALIFORNIA ASSOCIATION OF REALTORS®’ (C.A.R.) “2009-2010 Survey of California Home Sellers.”  According to the report, 67 percent of all sellers in California did so as a result of difficulties related to meeting their mortgage obligation.  “Tighter underwriting standards and a decline in equity continued to impact the market in 2009,” said C.A.R. President Steve Goddard.  “Many homeowners chose to sell last year because their adjustable-rate mortgage reset at the same time home prices were experiencing an unprecedented decline, leaving them with little equity and difficulty in qualifying for a refinance.” “Sellers responded to the challenges of the housing market in 2009 by choosing to work with REALTORS® for guidance and assistance in navigating the complex market,” added Goddard. Recognizing the value of working with a real estate professional, 99 percent of sellers chose to work with a REALTOR®, according to the survey.  Of those, 72 percent cited the ability of an agent to sell the home at a higher price point as the primary reason.  Other reasons included better marketing and exposure (38 percent), while 28 percent reported it was too difficult to sell the home independently. On average, homes sold for $20,958 less than the original asking price in 2009.  The median difference between the selling and listing price was $32,315; the list-to-sold-price ratio was significantly larger between first-time sellers ($30,000 below list price) and sellers who had previously sold a home ($8,000 below list price). The percentage of first-time sellers grew to nearly half of all sellers (44 percent) in 2009, a 33 percent increase from 2008, and nearly three times the 2007 percentage of 15 percent. Sellers in 2009 cited difficulty meeting the monthly mortgage obligations (30 percent); job loss (18 percent); and “mortgage payment increased” (15 percent) as primary motivation to sell.  By comparison, in 2008, one in five sellers cited the ability to meet their mortgage payment obligation; while 11 percent sold due to financial difficulties. Financing challenges also extended to home buyers and impacted sellers’ confidence in buyers’ ability to secure a home loan.  Nearly three-fourths of sellers reported this as a concern, an increase from 54 percent in 2008. Financial difficulties also impacted the ability of sales to close on time, with 63 percent of homes falling out of escrow prior to closing.  Nearly 70 percent of sellers cited “buyer could not get an acceptable mortgage;” and more than 60 percent said “buyer backed out,” as the primary reasons the home fell out of escrow.  Other reasons included: Buyer’s remorse (26 percent); “lender withdrew and did not fund” (24 percent); and “home prices continued to decline” (18 percent).  Once the home did sell, 50 percent of sellers reported escrow did not close on time in 2009, compared with 36 percent in 2008. C.A.R.’s “2009-2010 Survey of California Home Sellers” is available for purchase for $49.95 in electronic format at http://www.rebsonline.com/product/1311/2009-Survey-of-California-Home-Sellers-%28PDF-Electronic-Download%29.  The survey no longer is available in hard-copy format.  Journalists who would like a complimentary copy of the report should e-mail markg@car.org or call (213) 739-8363. Leading the way…® in California real estate for more than 100 years, the CALIFORNIA ASSOCIATION OF REALTORS® (www.car.org) is one of the largest state trade organizations in the United States, with nearly 175,000 members dedicated to the advancement of professionalism in real estate.  C.A.R. is headquartered in Los Angeles. ### Mark Giberson Public Relations Director CALIFORNIA ASSOCIATION OF REALTORS® 525 S. Virgil Ave. Los Angeles, CA 90020 (213) 739-8304 phone markg@car.org www.car.org

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