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MARIN REAL ESTATE BLOG

 

Apr 22

San Rafael Resale Inspections, Point of Sale Sewer Lateral Inspections and SASM, Upcoming CAR Meetings. MAR Monday Memo 04/21/14

By California Association of Realtors, Marin Association of Realtors, Marin Community News, Marin Real Estate News, Regulations

Good morning MAR members! Happy Easter, Happy Earth Day!

With tax day blessedly behind us…so many buyers, so few houses, where is the inventory? Likely many listings in the coming weeks, but way more buyers than houses right now! The practice of auction-like pricing seems reasonable for our sellers, but it’s making so much work for so many whose buyers don’t really have a shot. Ten offers means nine sets buyers, nine agents and probably 7-8 mortgage brokers who all come away empty-handed. At least we’re all staying busy…

Last week’s big news–that the Sewerage Agency of Southern Marin is considering a model ordinance for the various agencies that fall under its advisory umbrella–generated a lot of discussion among our member community. MAR has been in touch with many relevant stakeholders, sharing our opinion that point-of-sale inspections are not the solution. Point of sale inspections will result in a 47-year resolution to an immediate problem, and the very real and substantial issue of shared laterals leaves many unanswered questions. SASM needs to come up with a real plan. The vote that was going to occur last Thursday did not occur, and SASM is seeking more of MAR’s input into the process. Stay tuned.

The other big continuing issue is the ongoing San Rafael resale inspection matter. Thank you to all of you who have contacted me with feedback. It’s edged every other matter aside as far as feedback is concerned. I literally get several calls a day. While every individual case is different, MAR is advocating on our collective behalf.

To that end, MAR CEO Andy Fegley and I met last Wednesday with San Rafael City Manager Linda Mackel, and two key members of her team: Paul Jensen, the Community Development Director, and Thomas Ahrens, head of the building department. I’ll describe it as a good meeting, but with a lot of loose ends that remain untied. But they did give us an hour, and listened intently to our feedback and they took a lot of notes and asked a lot of questions.

Again, thank you for all of your feedback as I had a ton of specific, timely, recent info to share. They were largely aware of every case we discussed. They also acknowledged that there has been a material uptick in the complaints with the enforcement process, though City Manager Nancy Mackel did not seem to be aware of the magnitude of homeowner and MAR member frustration.

My message remained simple: (1) It is because of San Rafael’s decision to have resale inspections that we find ourselves where we are; (2) there is no statewide regulation calling for resale inspections, and most municipalities don’t have the requirement; (3) because of San Rafael’s requirement for resale inspections, we all put a lot of weight in their content, and people inform what is often the largest financial decision they make based on the info in this report; (4) if San Rafael requires these inspections, and gets them wrong (in the past), and people make hundreds-of-thousands or million dollar decisions based on the contents, do not come back and penalize the new homeowner (and future seller) for mistakes or omissions that San Rafael made with its mandatory report in the past; (5) this new level of compliance enforcement for sometimes decades-old improvements are creating uncertainty, slowing escrows, and hindering commerce in the largest economic driver in the City of San Rafael.

The first Principle in MAR’s Fair Principles for Resale Inspections is “Consistency” and the second is “No Double Jeopardy”. We obviously have a current disconnect with these two principles right now. MAR is all for compliance, but if San Rafael is going to suddenly escalate the rigidness of its compliance requirement, it can’t suddenly change the way it does business and not expect substantial pushback.

San Rafael must create a smooth path to compliance, with allowances for situations, permit fees and penalties that exist today because of San Rafael’s mistakes and omissions in the past.

To his credit, Paul Jensen quickly followed up with us last Thursday to schedule a follow up meeting, and asked us for specific recommendations for improvements. I expect to be meeting with them again early next month.

Please keep sharing your stories. It’s hard to get resolution on every situation, or any one situation, but collectively they help me paint the clear picture of a broken process.

Finally, the California Association of REALTORS Spring Meetings and Legislative Day are next week. As I’ve said in the past, these are amazing meetings, particularly the Wednesday morning session when Governor Jerry Brown addresses the CAR Board of Directors, and later on Wednesday when the REALTOR Party makes its positions known and heard to our elected officials and their staffs. For more info on Leg Day, click here: http://www.car.org/governmentaffairs/getinvolved/legislativeday/. I hope to see many of you in Sacramento next week!

MAR’s members on the CAR Board of Directors include myself, President-Elect Matt Hughes, Katie Beacock (who is also Chair of CAR’s Region 4, of which MAR is part), Kay Moore and Mary Kay Yamamoto. If you have any concerns you’d like us to take to CAR on your behalf, please contact one of us. That’s it for now. I wish you a safe and prosperous week!

Blaine

Apr 14

San Rafael Resale Inspections, Point of Sale Sewer Lateral Inspections and SASM, and Mike Di Giorgio. MAR Monday Memo 04/14/14

By Marin Association of Realtors, Marin Real Estate News

Good morning MAR members!

Let’s go Giants!!  It was great to get out to AT&T Park last week to see our San Francisco Giants back in action! 2014 is an even-numbered year, so let’s keep the tradition alive with another Championship parade down Market Street next fall!

So much to write about, so little space…another busy week at MAR.

MAR was saddened to learn last week of the passing of MAR member and Novato community icon Mike Di Giorgio.  I had the pleasure of serving on MAR’s Governmental Affairs Committee the last few years with Mike, who always had the unique perspective as an elected community leader.  Sometimes as the rants on a local issue would reach a fevered pitch, Mike would be there with levity reminding us that these elected leaders generally are doing the best they can to satisfy many disparate interests.  Mike was at all three Government Affairs meetings this year, and none of us had any idea about the extent of his illness.  A true pro, and serving to the very end, Mike was there for his community.  He will be sorely missed at MAR, Novato, and all of Marin.

To that extent, MAR member Denise Athas asked me to share info about the memorial service celebrating Mike’s life.  It will be held at the Novato City Hall on May 5th from 11AM-1PM. Denise has been asked to speak at the service about Mike’s business career, especially real estate.  She is seeking anecdotes and personal stories that MAR members might have about Mike.  For those of you who might have a good story to share, Denise has asked that you contact her via email at DAthas@aol.com.

On to the business of MAR.

First of all, I hear you.  We hear you.

Several weeks ago I mentioned an unnamed municipality whose resale inspection process had seemingly run amuck.  It’s our good friends and neighbors at the City of San Rafael.  I hear you, MAR.  Honestly, I think I’m hearing from just about everyone getting a resale inspection in San Rafael this spring.  The story I hear goes something like this:  the seller of a house bought the house 4/6/8 years ago, and a resale inspection was conducted, with no problems noted.  Now they are selling their house, and San Rafael is coming out and finding loads of inadequately permitted work from before the seller purchased the home, and is demanding as-built permits, penalties, remediation, fines…it goes on and on.  I hear you.  It’s a big mess, and something has changed in the compliance requirements of San Rafael.  Or at least the enforcement of those requirements.

MAR CEO Andy Fegley has met individually with both City Manager Nancy Mackel and Mayor Gary Phillips in the past couple of weeks, and has shared MAR’s frustration.  Both Andy and I are meeting this week with Nancy Mackel and her team in the building department to give examples and share our members’ frustration with San Rafael.

Over the past couple of years MAR has crafted a policy called Fair Principles of Resale Inspections (you can read it here  ).  I encourage you to print out and read this, and also to print out a copy for your frustrated clients.  It’s a number of common sense principles, and most any reasonable person will think they sound pretty reasonable.  If our clients start quoting from this document as they work with San Rafael, it will lend more credence to our position.  We pushed back very hard at another town last year with this Fair Principles document, and issues in that town have quieted down to almost nothing.

I will report back on this next week.

Now, the Big News of the Week.

On the Friday before last, MAR CEO Andy Fegley was summoned to meet with the Sewerage Agency of Southern Marin (SASM).  This is an advisory group with no direct authority but which seeks to steer the agenda of each of the smaller sewer boards in the general Mill Valley Area.  SASM is considering a model ordinance that among other things will mandate point-of-sale sewer lateral inspections…just like our friends in Sausalito have.

MAR, CAR and NAR are strongly opposed to additional point-of-sale requirements.  If you think the occasional water heater strapping requirement is a nuisance, imagine having to replace a sewer lateral before you can close an escrow.

Furthermore, it’s not a effective solution.  Did you know that it takes 47 years to turn over the housing stock in Mill Valley?  What SASM is suggesting is a 47-year-long solution to a current problem.

MAR supports coming up with a solution to this problem.  Point-of-sale just isn’t the way to do it.  Standard of care for our members has most of us doing sewer lateral inspections right now anyway.

To that end, MAR has provided SASM with a 10-year plan to resolve this problem.  A real plan.  They know where we stand.  There is a SASM board meeting this Thursday night, where they were planning to vote on this model ordinance.  Late last week, after learning of our strong opposition and what we plan to do to promote that opposition, MAR was told that the vote “might not come up at the next meeting.”

Stay tuned, MAR!  We may need your help to get our position heard loudly and clearly.  MAR has been successful in pushing back on sewer lateral point-of-sale inspections in the past, and we will do so again.

MAR’s Lunch and Learn Series

With the help of our valued affiliates, MAR is launching a lunch and learn series to aid our members with timely and useful info that you can use in your business today.  First up is Peter Posert of Sun First Solar.  On Monday, April 21st Peter will be presenting “Pathways to Solar Power, All You Need to Know about Solar Power for your Clients”.  Click here to sign up for this event , and look for more Lunch and Learn sessions throughout the coming year.

Finally, I also want to make good on a promise I made to MAR member Andy Falk a couple of weeks ago about a cause he is passionate about.  Andy has been working with the homeless and precariously housed people in San Rafael.  Right now, he is working with the Downtown Streets Team whose members could really use some bikes (and locks).  Mobility is a big issue for indigent people, as taking the bus can be expensive for minimum wage people.  He has asked for us Realtors to be on the lookout for unwanted bikes at our listings.  You can contact Andy directly at 415-250-8025 or andyfalk2112@yahoo.com and he will arrange for pickup and dropoff.  Every bike will help, and it might just be another step in de-cluttering our listings!

That’s it for now!

I wish you a safe and prosperous week.

Blaine

 

 

Apr 14

San Rafael Resale Inspections, Point of Sale Sewer Lateral Inspections and SASM, and Mike Di Giorgio. MAR Monday Memo 04/14/14

By Marin Association of Realtors, Marin Real Estate News

Good morning MAR members!

Let’s go Giants!!  It was great to get out to AT&T Park last week to see our San Francisco Giants back in action! 2014 is an even-numbered year, so let’s keep the tradition alive with another Championship parade down Market Street next fall!

So much to write about, so little space…another busy week at MAR.

MAR was saddened to learn last week of the passing of MAR member and Novato community icon Mike Di Giorgio.  I had the pleasure of serving on MAR’s Governmental Affairs Committee the last few years with Mike, who always had the unique perspective as an elected community leader.  Sometimes as the rants on a local issue would reach a fevered pitch, Mike would be there with levity reminding us that these elected leaders generally are doing the best they can to satisfy many disparate interests.  Mike was at all three Government Affairs meetings this year, and none of us had any idea about the extent of his illness.  A true pro, and serving to the very end, Mike was there for his community.  He will be sorely missed at MAR, Novato, and all of Marin.

To that extent, MAR member Denise Athas asked me to share info about the memorial service celebrating Mike’s life.  It will be held at the Novato City Hall on May 5th from 11AM-1PM. Denise has been asked to speak at the service about Mike’s business career, especially real estate.  She is seeking anecdotes and personal stories that MAR members might have about Mike.  For those of you who might have a good story to share, Denise has asked that you contact her via email at DAthas@aol.com.

On to the business of MAR.

First of all, I hear you.  We hear you.

Several weeks ago I mentioned an unnamed municipality whose resale inspection process had seemingly run amuck.  It’s our good friends and neighbors at the City of San Rafael.  I hear you, MAR.  Honestly, I think I’m hearing from just about everyone getting a resale inspection in San Rafael this spring.  The story I hear goes something like this:  the seller of a house bought the house 4/6/8 years ago, and a resale inspection was conducted, with no problems noted.  Now they are selling their house, and San Rafael is coming out and finding loads of inadequately permitted work from before the seller purchased the home, and is demanding as-built permits, penalties, remediation, fines…it goes on and on.  I hear you.  It’s a big mess, and something has changed in the compliance requirements of San Rafael.  Or at least the enforcement of those requirements.

MAR CEO Andy Fegley has met individually with both City Manager Nancy Mackel and Mayor Gary Phillips in the past couple of weeks, and has shared MAR’s frustration.  Both Andy and I are meeting this week with Nancy Mackel and her team in the building department to give examples and share our members’ frustration with San Rafael.

Over the past couple of years MAR has crafted a policy called Fair Principles of Resale Inspections (you can read it here  ).  I encourage you to print out and read this, and also to print out a copy for your frustrated clients.  It’s a number of common sense principles, and most any reasonable person will think they sound pretty reasonable.  If our clients start quoting from this document as they work with San Rafael, it will lend more credence to our position.  We pushed back very hard at another town last year with this Fair Principles document, and issues in that town have quieted down to almost nothing.

I will report back on this next week.

Now, the Big News of the Week.

On the Friday before last, MAR CEO Andy Fegley was summoned to meet with the Sewerage Agency of Southern Marin (SASM).  This is an advisory group with no direct authority but which seeks to steer the agenda of each of the smaller sewer boards in the general Mill Valley Area.  SASM is considering a model ordinance that among other things will mandate point-of-sale sewer lateral inspections…just like our friends in Sausalito have.

MAR, CAR and NAR are strongly opposed to additional point-of-sale requirements.  If you think the occasional water heater strapping requirement is a nuisance, imagine having to replace a sewer lateral before you can close an escrow.

Furthermore, it’s not a effective solution.  Did you know that it takes 47 years to turn over the housing stock in Mill Valley?  What SASM is suggesting is a 47-year-long solution to a current problem.

MAR supports coming up with a solution to this problem.  Point-of-sale just isn’t the way to do it.  Standard of care for our members has most of us doing sewer lateral inspections right now anyway.

To that end, MAR has provided SASM with a 10-year plan to resolve this problem.  A real plan.  They know where we stand.  There is a SASM board meeting this Thursday night, where they were planning to vote on this model ordinance.  Late last week, after learning of our strong opposition and what we plan to do to promote that opposition, MAR was told that the vote “might not come up at the next meeting.”

Stay tuned, MAR!  We may need your help to get our position heard loudly and clearly.  MAR has been successful in pushing back on sewer lateral point-of-sale inspections in the past, and we will do so again.

MAR’s Lunch and Learn Series

With the help of our valued affiliates, MAR is launching a lunch and learn series to aid our members with timely and useful info that you can use in your business today.  First up is Peter Posert of Sun First Solar.  On Monday, April 21st Peter will be presenting “Pathways to Solar Power, All You Need to Know about Solar Power for your Clients”.  Click here to sign up for this event , and look for more Lunch and Learn sessions throughout the coming year.

Finally, I also want to make good on a promise I made to MAR member Andy Falk a couple of weeks ago about a cause he is passionate about.  Andy has been working with the homeless and precariously housed people in San Rafael.  Right now, he is working with the Downtown Streets Team whose members could really use some bikes (and locks).  Mobility is a big issue for indigent people, as taking the bus can be expensive for minimum wage people.  He has asked for us Realtors to be on the lookout for unwanted bikes at our listings.  You can contact Andy directly at 415-250-8025 or andyfalk2112@yahoo.com and he will arrange for pickup and dropoff.  Every bike will help, and it might just be another step in de-cluttering our listings!

That’s it for now!

I wish you a safe and prosperous week.

Blaine

 

 

Apr 07

HR-4208 FHA Loan Limits and Finding the Right Buyer – MAR Monday Memo 04/07/14

By Marin Association of Realtors, Marin Real Estate News, Regulations

Good morning MAR members!

It sure is crazy out there, full-on springtime anxiety season for our buyers…a mad rush to get to every new listing and get those offers in.  The good news is lots of new listings!  I’m running from one end of the county to the other on a daily basis, like everyone…hurry hurry hurry…offer offer offer!  We’re all busy, which is great!

Early last month, I relayed to you that Kay Moore, Katie Beacock and I went to visit Congressman Jared Huffman in late February.  Among other things in that meeting, we shared with Representative Huffman the importance of passing flood insurance reform, and also the importance of retaining the higher loan limits on FHA loans.  He was aware of the flood bill, but he said he was not fully briefed on it yet.  He did agree that these loan limits are essential for buyers here in high-cost Marin.

It feels good to see results from these meetings.  After our meeting with Representative Huffman, on March 4th, the house passed the flood insurance relief bill, and on March 21st, President Obama signed that bill into law.

As for the loan limits, earlier this week Representative Huffman’s office alerted Kay Moore that the congressman was co-sponsoring HR-4208, the “Stabilizing FHA Loan Limit Calculations Act of 2014”.  This bill is still in its infancy, but it’s great that our leaders hear us and respond to the needs of our industry.

MAR’s new CEO Andy Fegley has been super busy during his first five weeks on the job.  He has been in morning-to-night meetings around the county, introducing himself to local elected and appointed leaders.  He has been in regular contact with Assemblyman Mark Levine’s office, reminding them of MAR’s strong support for Assemblyman Levine’s housing density bill, AB  1537, which reduces the state mandated housing density in Marin from 30 units per acre to 20 units per acre.  Last week, I signed a letter of support for the bill and Andy delivered it to Assemblyman Levine’s office in time for that letter to be included in the legislative package for upcoming committee hearings.

It’s another way that our voices are being heard by our leaders here in Marin and also in Sacramento.  Please let us know other things we should be taking to the CAR Sacramento Business Meetings later this month.

It’s gearing up for election season, and candidates for office will be visiting with MAR’s Local Candidate Recommendation Committee in the coming weeks.  The big races are for two county supervisor seats and also for seats on the Ross Valley Sanitary District.  Please let us know if you have specific concerns or questions that you would like us to be asking these candidates.

I just visited an old friend this past Friday, by beloved 1986 BMW 635csi.  It was always our 3rd car, used for fun and weekend driving.  I purchased it used in 1997 with low mileage and perfect condition, and kept it until it was time to move on in the fall of 2010.  It was a sad departure, but as the years wore on I wasn’t driving it much, sometimes for months at a time.  My wife convinced me that it needed to go to someone who would drive it and give it the love that it deserved.

I was very diligent about who I would sell it to.  Ultimately, a military security officer from Lawrence Livermore Labs contacted me and told me that he had been looking for this type of care his whole driving life…literally since he was 16.  Now that he had somewhere to put it, he’d been looking for one for 3 years.  It was love at first sight, he had brought cash, we did the deal and away they went.  I took pictures and with a heavy heart waved goodbye.

He has stayed in touch, and was going to be in Marin and wanted to bring the car by to show me what he’s done.  I told my wife that morning that I was going to see the 635.  Sherman had sent me pix over the years, he’s fixed some things and generally showered the car with love.  My wife told me on Friday morning, “you sold the car to the right guy.”  Needless to say, when Sherman brought the car by my office it was immaculate, we took it for a spin, I took a couple of pictures and that was that.  I really do feel like I sold it to the right guy.  He is still so happy to this day!

I tell you all of this because it’s often the same thing in our business.  It feels good to sell a house to the “right buyer”.  We often talk about having the “right buyer”, looking for the “right buyer”.  When that comes together, it brings us great satisfaction.

One of the best scenarios for me is when I find a house for a couple expecting their first child.  You find them a house, they settle in, the baby comes, and it’s everything they wanted.  I had the good fortune to have one of these buyer scenarios late last year:  pregnant couple, got them into a short sale, got the deal approved and closed about six weeks before the baby came.  I live in the neighborhood, but haven’t seen them since the baby.  I ran into the wife and baby finally about ten days ago, she was SO happy.  Loves the house, loves the neighborhood, loves the neighbors.  I came away thinking about what I’m writing now, so nice to see the young family in their happy house.

The next day, coincidentally, I ran into the husband while walking my dog.  He too was so happy.  Loves the outdoor life, loves the trails, loves the lifestyle.  He was beaming.  He thanked me for everything.  He earnestly told me that “my life is perfect right now.”  I had just had a difficult day…ok a bad day…and that little moment turned it all around.  He made my day.  And that’s what it’s all about.

We truly are blessed to be in this business in Marin.  Thank you for indulging my story.

That’s it for now.

I wish you a safe and prosperous week!

Blaine