Sept. 2013: CALIFORNIA SUPREME COURT OVERTURNS 78-YEAR PRECEDENT

The California Supreme Court recently handed down a decision in Riverisland Cold Storage v. Fresno-Madera Credit Association that may affect how real estate practitioners conduct their business in the future. Specifically, what they say before, during, and after negotiations. To read the most recent Courtside Newsletter, click here.


Supra Maintenance Notification – Sept. 10, 2013

On Tuesday, September 10th starting at 5:30pm PDT and ending at 8:30pm PDT, Supra will be conducting routine maintenance at our data center.

 

How will Updates be Available?

 

What will NOT be Working?

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

 

What WILL be Working?

  • SupraWEB (update codes only)

·         KIM Voice (update codes only)


Supra update: This morning’s outage and reminder of weekend maintenance

Dear Valued Customer,

We experienced an outage this morning between 3:30 AM PT to 7:10 AM PT, causing eKEYS and some DisplayKEYS to fail during the sync.  This was corrected at 7:10 a.m. and we will be monitoring this through the weekend.

We are sorry for any inconvenience this caused you and your members.  The call center was able to provide update codes and the automated voice response system was operational as well.  We will continue to have additional staff available this weekend to ensure prompt assistance.

As a reminder, on Saturday, August 17th starting at 4:00pm PT and ending on Sunday August 18th 4:00am PT, Supra will be conducting routine maintenance at our data center.

How will Updates be Available?

  • KIM Voice (888-968-4032)
  • SupraWEB (update codes only)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

What will NOT be Working?

  • SupraWEB (except update codes only)
  • SupraNET (key assignments, billing information)
  • Automated Phone Payment (IVR system)

What WILL be Working?

  • SupraNET (except key assignments, billing information)
  • KIM Voice
  • SupraWEB (update codes only)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

Thank you for your patience,
Supra Support Team

 


REALTOR® Safety – Recent events bring the topic back to the front of the line.

BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

“A real estate agent makes a living meeting a complete stranger in an empty home,” says Tracey Hawkins, owner and safety product speaker at Safety and Security Source. REALTORS® can be vulnerable to robbers, thieves, squatters, angry ex-homeowners, hostile pets, stalkers, rapists, and murderers. With this in mind, it is no wonder that the real estate profession is sometimes considered a dangerous career.

Recently, there have been reports of a man in the Menifee area, calling on female agents at a local development and visiting the office on numerous occasions. He has also been seen sitting outside of the building in his car. The man’s disarming behavior has been reported to authorities and is under investigation, but it is an important reminder to real estate professionals to stay alert and aware.

The last several years have seen an upsetting increase in the amount of violence towards real estate professionals. There have been many harrowing tales of open houses and home tours gone awry, and many experts have attempted to address the issue of REALTOR® safety. The following is a compilation of the best tips and tricks in the industry.

  • Always trust your instincts in any given situation. If a potential client does not seem trustworthy or you do not feel comfortable, don’t take a risk just to make a sale.
  • Meet potential clients at the office first. Do not meet people for the first time at the property you are showing. Criminals hate witnesses and meeting people at the office generally ensures that someone else will see them and know who they are.
  • Gather as much information on potential clients as possible. At minimum, get a copy of the person’s driver’s license or other identification. You can also have them fill out a more detailed “Prospect Identification Form,” which is available on NAR’s website (www.realtor.org).
  • Tell your coworkers, friends or family members where you will be and who you will be with when you show a property or have an open house.
  • Try to finish showing properties well before the sun goes down. Avoid showing properties after dark
  • If you must show a property after dark, arrive early and open every blind or shade, and turn on all the lights.
  • When possible, show homes with a coworker.
  • Follow clients through doors and into rooms. Do not go in first.
  • Avoid going into basements and attics. These rooms are enclosed and muffle calls for help.
  • Unlock all doors and windows in the home, and make sure you have an escape out of the backyard should something happen.
  • Always have your cell phone fully charged and on your person in an easily accessible place (i.e. front pocket).
  • Download personal security apps such as StreetSafe. StreetSafe has a discrete “Silent Red Alarm” that communicates your location and profile information to the local 911 center. If the situation is not yet significant enough to call 911, the “Walk With Me” feature will put you in touch with a live safety advisor who will offer tips and call the police if the situation escalates.
  • Make sure you get cell signal where at the property you are showing.
  • Insist on driving to the property separately from the client. If you must drive together, make sure it is in your car.
  • Always have your car’s gas tank at least ¼ full.
  • Park in a well-lit, visible location.
  • If you have to walk to your car alone at night, call your friend and chat until you’re safely in your vehicle.
  • Be aware of your surroundings. Follow NAR’s “10-Second Rule” and take 2 seconds when you get to the property, get out of your car, walk toward your destination, arrive at the door, and enter the door to make sure you feel safe.
  • Keep marketing material professional. Criminals have been known to choose victims based on their pictures.
  • Dress professionally. Do not wear loose clothing or scarves that a perpetrator could grab onto.
  • Check the rooms and backyard after an open house to make sure everyone is gone. Be prepared to defend yourself.
  • Agree on a distress code at the office. NAR recommends saying, “Hi, this is Jennifer. I’m with Mr. Henderson at the Elm Street listing. Could you email me the RED FILE?” This alerts the office, but hopefully not the perpetrator.
  • Have an “out” for threatening situations, such as fictionalized phone call, or saying that another agent is on his way.
  • Never say you’re alone, even if you are. If someone shows up to your office when you’re the only one there, casually mention that someone else is with you.
  • Carry pepper spray on your key chain and/or a Taser gun to protect yourself.
  • Take a self-defense class. Many community associations offer these courses for free.

Personal safety should always be a REALTOR®’s top priority. Although you may miss out on a sale, you may also be avoiding a potentially dangerous situation. In times like these, common sense goes a long way. If something doesn’t seem safe or doesn’t feel right, find a way out.

More REALTOR® safety information can be found on NAR’s website (www.realtor.org), C.A.R.’s website (www.car.org), and various locations on the Internet.


REMINDER: Supra Maintenance Notification – August 13th

Dear Valued Customer,

 

This is a REMINDER that on Tuesday, August 13th starting at 5:30pm PDT and ending at 8:30pm PDT, Supra will be conducting routine maintenance at our data center.

 

How will Updates be Available?

 

What will NOT be Working?

  • SupraNET
  • SupraWEB (only available for update codes)
  • KIM Voice (only available for update codes)
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

 

What WILL be Working?

  • SupraWEB (update codes only
  • KIM Voice (update codes only)

Thank you,

Supra Support Team


eKEY Update for iOS7

Dear eKEY for iPhone, iPad, or iPad Mini Keyholder:

Soon, Apple will release the iOS7 operating system update for Apple devices. This will be a notable operating system update for Apple, and Supra is committed to ensuring a smooth transition to iOS7 for you. Current press indicates iOS7 will release in September 2013. We’re targeting August 23rd as the date by which we want to help you be ready.

To ensure a smooth transition, two simple, but important actions will be necessary.

Important Action #1:

Please sync your eKEY no later than Monday, August 12th. Simply turn on your device, open the eKEY application, and allow the sync to complete.

If you have not completed an eKEY sync in the last 45 days and you do not sync your eKEY by Monday, August 12 you may need to re-authorize your eKEY.

Important Action #2:

By August 14th, Supra will release to the App Store an update to eKEY for iPhone, iPad, and iPad Mini. This eKEY update will contain important enhancements designed for compatibility with iOS7. Please note you must update your eKEY software to this new eKEY version prior to updating your operating system to iOS7.  Updating your eKEY app is easy. Please refer to the diagram below. When your eKEY app shows that an update is available, simply follow these instructions. If you do not update your eKEY application prior to updating your Apple device to iOS7 you may need to re-authorize your eKEY.

How to update your eKEY app
app-update

Please feel free to contact Supra Support at 1-877-699-6787 with any questions to help you prepare for iOS7.

Sincerely,

Supra Technical Support


July 2013: C.A.R. JULY 2013 FORM RELEASE

BY: SYLVIA J. SIMMONS, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

The California Association of REALTORS® (C.A.R.) released several new and revised forms on July 29th. The following is a brief summary of those forms and what their  changes mean to real estate practitioners.

New Forms
Two new forms replace the Seller Instruction to Exclude Listing (SEL). REALTORS® should take note that C.A.R. does not monitor the legal validity of any prior form version and the C.A.R. User Protection Agreement only applies to the most current version of a form.

Seller Instruction to Exclude Listing from the Multiple Listing Service (SELM)
The SELM provides a request by the seller to the broker to advise the MLS that the seller wants to completely exclude the property from the MLS. Paragraph 6, “Impact/Reduction of Exposure,” has been added to expound on the fact that any reduction in exposure may lead to a reduction in the number of offers made and may negatively impact the sales price. Paragraph 7, “Seller Opt-Out,” has been reformatted to make it easier to identify the time limitation on the exclusion.

Seller Instruction to Exclude Listing from Internet (SELI)
The SELI provides a request by the seller to the broker to advise the MLS that the seller wants to (1) opt-out of Internet display of the property or its address and/or (2) try to prevent comment features or value estimate features on MLS-related internet sites.

Revised Forms – 8 Listing Agreements
According to C.A.R., it is okay to use prior revisions for each of the following forms.

Commercial and Residential Income Listing Agreement (CLA)
The CLA now includes the following new provisions:

 

  1. A checkbox to indicate whether the listing will or will not be provided to the MLS.
  2. A blank to fill in the name of the MLS of which the broker is a participant or subscriber.
  3. A checkbox to indicate whether the MLS is or is not the primary MLS for the geographic area of the property.
  4. Boxed language (from the RLA with revisions) to be initialed by the seller and broker that explains to the seller the purpose and benefits of using the MLS, the impact of opting out of the MLS, the difference between the MLS and closed/private listing clubs or groups, and the requirement that a broker must present all offers to the seller.
  5. A section explaining the MLS rule that a listing must be submitted to the MLS within a certain amount of time, but that certain MLS data can be opted out of if the seller executes a Form SELM or the local equivalent form.
  6. A section with the dispute resolution language found in the Residential Purchase Agreement form requiring mediation and agreeing to arbitration if the seller and broker initial the provision.

Manufactured Home Listing Agreement for Real and Personal Property (MHL)

The MHL contains all the same additions as added to the CLA.

Probate Listing Agreement (PL)
The PL contains the same additions as added to the CLA regarding the MLS (1 through 5 above), but not the dispute resolution language.

Residential Listing Agreement (RLA)
The RLA boxed language regarding the MLS is revised to be the same as in the CLA (now includes “presenting all offers,” “clubs or groups,” “excluding it from the MLS”, and “reduction in exposure”). Also, “DRE” is changed to “BRE.”

Residential Listing Agreement-Agency (RLAA)
Residential Listing Agreement-“Open” (RLAN)
Trust Listing Agreement (TLA)
Vacant Land Listing Agreement (VLL)
Each of these forms contains the same additions as made to the CLA regarding the MLS (1 through 5 above). Also added to each form is a warranty by seller that seller is the owner, no other persons or entities have title to the property, and seller has authority to execute the form and sell the property.

* * *

The new forms released on July 29th emphasize the benefits the MLS offers to sellers and brokers, including the exposure that listing a property in the MLS offers. This implies that the property will sell more quickly and with less stress (and legwork) for both the seller and the broker.

As always, real estate practitioners should thoroughly understand the forms presented to their clients for signature. If a REALTOR® has any questions or concerns about which form is appropriate or how to complete a form, the broker, brokerage attorney, or other qualified legal counsel should be consulted.

Newsletter July 2013


Realtor.com® Enhances Popular Real Estate App for iOS and Android

Updated app allows house hunters to view larger, higher resolution photos and easily share listings via social channels

SAN JOSE, Calif., July 16, 2013 /PRNewswire/ — Today, realtor.com®, the leader in online real estate, operated by Move, Inc. (NASDAQ: MOVE), announced version 5.0 of its free realtor.com® real estate app for iOS and Android. The latest version features several key enhancements to offer users a more interactive, enjoyable and seamless house-hunting experience. Users can now view larger, higher resolution photos and share listings for the first time on social media channels including Facebook and Twitter.

In addition to sharing listings on social networks and viewing listings with larger, higher resolution photos, users will be able to quickly access shortcuts using a new shortcuts menu. iPhone and Android users will be able to view listings in a new photo gallery tab and see photos of listings without leaving search results, which will create a more visual experience to aid in the home buying process.

“The house hunting process can be cumbersome on its own,” said Errol Samuelson, chief strategy officer of Move, Inc. and president of realtor.com®. “With every new offering from realtor.com®, we make that process easier with new tools and capabilities. We are continuing to improve and enhance our customers’ experiences, and this update is another step to put consumers first and help people love where they live.”

The realtor.com® real estate app already boasts search-enhancing features including search-by-school functionality, which was added in April, and the ability to draw and create a custom search grid directly on mobile devices. Real estate agents can also use the app to connect and search with clients to help everyone stay connected while looking for a home to buy or sell.

“Our world is constantly becoming more connected, so being able to add a social element to our app for users to share their real estate journey with friends and family was an absolute must in our development,” said Scott Boecker, chief product officer at Move, Inc. “The realtor.com® app allows users to share the experience of buying and selling a home and get feedback they desire while easily navigating the market.”

Since its 2009 launch, the realtor.com® real estate app has been a top resource for those on the hunt for their perfect property. In the first quarter of 2013, the number of realtor.com® mobile app users grew by over 60 percent and accounted for nearly 50 percent of all listing detail pages viewed. The v5.0 update continues to help home buyers find their dream home and find it first.

Realtor.com® leverages its unique, direct relationships with more than 800 Multiple Listing Services (MLSs), enabling consumers to search 98 percent of all for-sale properties listed in the U.S. With on-the-go access to this robust database and approximately 90 percent of listings updated every 15 minutes, realtor.com® provides the most accurate and comprehensive information in the industry.

For more information or to download the realtor.com® real estate app and the recently launched realtor.com® rentals app, please visit www.realtor.com/mobile.

About realtor.com®
Operated by Move, Inc., (NASDAQ: MOVE), realtor.com® helps connect people with the content, tools and expertise they need to find their perfect home. As the official website of the National Association of REALTORS®,  realtor.com® empowers consumers to make the smartest decisions when it comes to finding a home by leveraging direct connections with more than 800 MLSs to deliver the most accurate and up-to-date listing information in neighborhoods across the country, and by making timely and meaningful connections between consumers and REALTORS®.  Whether through desktop, mobile, or tablet versions, realtor.com® is where home happens.

About Move, Inc.
Move, Inc. (MOVE), the leader in online real estate, operates: realtor.com®, the official website of the National Association of REALTORS®; Move.com, a leading destination for new homes and rental listings, moving, home and garden, and home finance; ListHub™, the leading syndicator of real estate listings; Moving.com™; SeniorHousingNet; SocialBios; Doorsteps, TigerLead®; and TOP PRODUCER® Systems. Move is based in San Jose, Calif.

Forward-Looking Statements
This press release may contain forward-looking statements, including information about management’s view of Move’s future expectations, plans and prospects, within the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. These statements involve known and unknown risks, uncertainties and other factors which may cause the results of Move, its subsidiaries, divisions and concepts to be materially different than those expressed or implied in such statements. These risk factors and others are included from time to time in documents Move files with the Securities and Exchange Commission, including but not limited to, its Form 10-Ks, Form 10-Qs and Form 8-Ks. Other unknown or unpredictable factors also could have material adverse effects on Move’s future results. The forward-looking statements included in this press release are made only as of the date hereof. Move cannot guarantee future results, levels of activity, performance or achievements. Accordingly, you should not place undue reliance on these forward-looking statements. Finally, Move expressly disclaims any intent or obligation to update any forward-looking statements to reflect subsequent events or circumstances.

SOURCE Move, Inc.

Contact:Move, Inc. – Alison Schwartz, (415) 254-1355, Alison.Schwartz@move.com


ActiveKEY Update – Windows 8 Compatibility

 

Dear Customer,

 

ActiveKEY PC Client software is now available for PCs that run Windows 8. This software enables a keyholder to update an ActiveKEY by using a USB port on a Window 8 PC.

 

To install the software, keyholders should go to www.supraekey.com and choose Downloads and then select either the ActiveKEY PC-Sync 32-bit or 64-bit software link, or select the appropriate link below:

 

ActiveKEY Downloads:

·         ActiveKEY PC-Sync Software 32-bit

·         ActiveKEY PC-Sync Software 64-bit

 

Thank you,

Supra Support