Supra System Issues

Dear Valued Customer,

 

At this time we are experiencing issues with the Supra system.

 

How are Updates Available?

 

What is NOT 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 IS Working?

  • SupraWEB (update codes only)
  • KIM Voice (update codes only) 888-968-4032

 

We are working as quickly as possible to resolve the issue and will send out an update as soon as it is fixed.

 

Thank you for your patience,
Supra Support Team


Supra iOS 10 Update

Dear Customer,

iOS 10

 

Apple® is releasing a new operating system for iPhones and iPads, iOS 10, on 9/13/16. We have updated the eKEY app to work with iOS 10 and are working with Apple to get it placed in the Apple app store soon.

 

Important! Please do not update your iPhone or iPad to iOS 10 until you have updated your eKEY app to the new version. We will let you know as soon as the new eKEY app is available in the Apple store.

 

iPhone 7 and 7S

 

The iPhone 7 and 7S are scheduled to release on September 16th. We have ordered the new iPhones and will begin testing them with the eKEY app as soon as they arrive.   Please hold off on switching your eKEY device to an iPhone 7 or 7S until we complete testing and notify you of the results.

 

Thank you,

Supra


Supra – iOS 9.3.5 and Android OS 7.0 Updates

Dear Customer,

 

Apple iOS 9.3.5

 

Apple recently released operating system iOS 9.3.5 for iPhones and iPads. We completed testing of the new iOS and are happy to announce that the eKEY app is compatible with the new iOS.

 

Android 7.0

 

Android recently released operating system OS 7.0 for Android devices. We completed testing of the new Android OS and are happy to announce that the eKEY app is compatible with the new OS.

 

Thank you,

Supra


Showing notification email change

Dear Customer,

 

Please note that the change in the sending email address will go into effect next week instead of this week as we previously communicated. We will let you know as soon as this goes into effect.

 

Showing Notifications

We are making a small change to the sending address for showing notifications. The showing notifications will come fromSupraShowings@utc.com instead of SupraShowings.UnmonitoredMailbox@fs.utc.com. This shorter email address helps contain showing notifications to one text message. This change is planned to go into effect in the evening on Thursday, August 18.

 

If you aren’t receiving showing notifications and you think you should be, check the email address you have specified to receive showing notifications in SupraWEB and check your spam folder to make sure that SupraShowings@utc.com is not blocked.

 

Thank you,

Supra Support


iOS 9.3.4 and Showing Notification update

Dear Customer,

 

9.3.4 iOS

Apple recently released operating system iOS 9.3.4 for iPhones and iPads. We completed testing of the new iOS with the eKEY app and are happy to announce there are no issues.

 

Showing Notifications

We are making a small change to the sending address for showing notifications. The showing notifications will come fromSupraShowings@utc.com instead of SupraShowings.UnmonitoredMailbox@fs.utc.com. This shorter email address helps contain showing notifications to one text message. This change will go into effect in the evening on Thursday, August 11.

 

If you aren’t receiving showing notifications and you think you should be, check the email address you have specified to receive showing notifications in SupraWEB and check your spam folder to make sure that SupraShowings@utc.com is not blocked.

 

Thank you,

Supra Support


iOS 9.3.3 and SupraWEB update

Dear Customer,

 

Apple® iOS 9.3.3

 

Apple recently released operating system iOS 9.3.3 for iPhones and iPads. We completed testing of the new iOS with the eKEY app and are happy to announce there are no issues.

 

SupraWEB

 

We released an update to the SupraWEB agent website to fix an issue that some keyholders were experiencing. When a keybox is deleted from inventory in the eKEY app it, will also be deleted in SupraWEB.

 

Thank you,
Supra Support


July 2016 Courtside Newsletter: Uber Class Action Lawsuits: How Proposed Settlement Affects the Independent Contractor v. Employee Debate

PDF: July 2016 Newsletter_Uber Settlements

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

This month’s Courtside Newsletter will discuss the recent settlement of the California and Massachusetts class action lawsuits against Uber Technologies, Inc. and how it potentially impacts the classification of workers as either employees or independent contractors.

As an article in the San Francisco Magazine states, “the crux of [the lawsuit] was whether the sharing economy habit of using contractors rather than fully vested employees violates basic labor laws.” The Uber cases have been closely watched as potentially setting a precedent that could affect this “sharing economy” or “gig economy.” In this rapidly growing business model, companies do not hire employees to perform certain key tasks. Instead, the company facilitates interactions between independent contractors and customers through electronic communications (e.g. smart phone applications). On one hand, the independent contractors enjoy flexibility and unlimited income potential by setting their own hours and working for more than one company. However, on the other hand, they are not due any benefits such as overtime or health insurance, guaranteed hours or a minimum wage, and are often faced with the question of who to turn to when their rights are potentially violated.

Terms of the Uber Settlement
The uncertainties of the appeal, as well as the impending trial before a jury in San Francisco where Uber is very popular, encouraged the plaintiff’s attorney to negotiate a settlement and the defendant’s attorney to accept some terms favorable to the drivers. The current question will be whether the Uber company policy changes will satisfy Judge Chen, who in denying Uber’s motion for summary judgment last year, took apart Uber’s claim that it is a technology company simply facilitating smart phone app interactions between riders and independent contractor drivers.

Under the terms of the settlement:

  • Drivers are not reclassified to be employees.
  • The main case in California and a smaller case in Massachusetts were conditionally settled for $100 million (which includes a contingent $16 million based on Uber’s initial public offering).
    • Drivers who drove at least 25,000 miles and opted out of the arbitration agreement will receive $8,000 or more.
    • Drivers who worked part-time will receive about $200.
    • No settlement figure has been identified for drivers who drove less than 25,000 miles.
  • The parties’ lawyers will get $21 million.
  • Uber will not provide drivers with benefits under state and federal labor laws.
  • Drivers will not be reimbursed for gas.
  • Uber will clearly inform riders that tips are not included in Uber’s fares.
  • Uber will provide drivers with small signs to post in their vehicles to encourage tips.
  • Uber will make significant policy changes, including:
    • Uber will not be allowed to delist a driver without longer notice, sufficient cause, and transparency, including an appeals process.
    • Uber will institute an “appeals panel” comprised of drivers who believe they were unjustly dismissed.
    • Uber will help create and then recognize a Drivers Association to communicate concerns to management, and Uber will meet with the drivers’ councils quarterly.

Approval of Settlement is Required
The Uber settlement (154 pages) is not final until it is accepted by U.S. District Judge Edward M. Chen in San Francisco, and the judge is not required to approve the settlement just because the lawyers are satisfied with it. A hearing on preliminary approval was scheduled for June 2nd, but is currently pending. Judge Chen has ruled favorably for the plaintiffs throughout the litigation. He certified a 15,000-driver class in August and another 160,000-driver class in December by invalidating Uber’s employee arbitration agreements. The ruling on the arbitration agreement was appealed and is set for hearing in June.

Government Agencies and Organizations Not Bound by Settlement
Government agencies and organizations are not bound by the pending Uber lawsuit settlement.

IRS: The Internal Revenue Service could audit Uber and decide the drivers are employees. In the case, Uber would be responsible for all employment taxes that were not withheld from wages, with penalties and interests.

NLRB: The National Labor Relations Board is reported to already be investigating Uber. One commentator wrote that the Uber settlement may help support the classification of the drivers as employees, because Uber alone controls the listing and delisting of drivers, how they are evaluated, and how they are compensated, and the right to set their own hours is compatible with employee status.

Teamsters: The Teamsters are reported to be interested in organizing Uber drivers and may file charges claiming that Uber’s assistance to the new drivers’ councils violated federal labor law, giving the NLRB an opportunity to decide whether the drivers are employees. Employees have a legal right to form unions and negotiate wages, but an association of independent contractors does not enjoy those protections and might even be violating antitrust law.

Settlement Incentive: Administrative proceedings typically lack the incentive to settle, which is present in court proceedings because millions in legal fees must be paid when expensive law firms are involved.

Legal Issues Not Resolved by Uber Settlement
An increasing number of people work in the new flexible labor markets or “gig economy” and have issues similar to the Uber drivers. Those issues include, for example:

  • Benefits (usually provided by employers)
  • Tracking compensation (usually documented on paycheck stubs)
  • Sharing in success of company (usually hard work results in raises, bonuses, promotions, and stock options)
  • Communicating with the company (usually company policies and labor laws apply)

Regulating New Working Models
This case and others provide support to the argument that the law is not keeping up with the changes in the economy created by technology. Enforcing current law is like trying to put a square peg into either the round employee hole or the round independent contractor hole – it just doesn’t fit!

The underlying motivation for enforcing these labor laws is allegedly to protect the worker from being unfairly treated and to ensure that workers receive benefits (overtime pay and medical coverage, paid time off, protected leave, etc.). The trend is to impose this responsibility on the employer even when the employer does not exercise control over the worker’s actual work. However, in reality the enforcement of labor laws is also driven by the desire of the government (local, state and federal) to have control and protect its entitlement to funding – when workers are employees on payroll, taxes are withheld and paid to the government.

Impact on the Real Estate Broker-Agent Relationship
According to the National Association of REALTORS® (“NAR”), “the hallmark characteristic of an independent contractor relationship is one where the worker is generally free of control.” However, there seems to be a trend away from the old classification tests (employee or independent contractor) and toward expanding responsibility beyond the employer that controls the work.

No court has yet decided whether Uber drivers are employees or independent contractors – that question will continue to be debated and litigated, or possibly be the subject of rulings by the National Labor Relations Board or the California Labor Commissioner, or state or federal legislation. The Courts in the Uber cases have suggested that the legislature intervene to “enact rules particular to the new so-called ‘sharing economy’” and to create “a new category of worker altogether, requiring a different set of protections.”

Under the “follow the money” model, it seems likely that we will continue to see a chipping away of the protections from liability provided to real estate brokers based on the classification of licensed agents as independent contractors. Many issues remain to be resolved!

PDF: July 2016 Newsletter_Uber Settlements


Supra Maintenance Notification for Tuesday July 26th

Dear Valued Customer,

 

On Tuesday July 26th starting at 5:30pm PDT and ending at 8:30pm PDT, Supra will be conducting routine maintenance at our data center.  We expect the outage to be less than 1 hour but you could experience intermittent outages during the entire maintenance window.

 

How will Updates be Available?

 

What MAY not be Working for a short time?

  • 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


California Association of REALTORS® to Release New Forms in June

Click here to download the PDF version of the newsletter.

BY: KELLY A. NEAVEL, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

The California Association of REALTORS® (C.A.R.) will release two (2) new and nine (9) revised forms during the week of June 27, 2016. In this month’s Courtside Newsletter, we will explore the new forms, their significance, and the revisions to existing forms.

NEW FORMS

1. Seller Agricultural Land Supplementary Questionnaire (SALSQ) This new form serves to supplement the Seller Property Questionnaire with a focus on agricultural land. Section II explains in no uncertain terms that the contents of the form consist of representations made by the Broker: “Unless otherwise specified in writing, Broker and any real estate licensee or other person working with or through Broker have not verified information provided by Seller. A real estate broker is qualified to advise on real estate transactions. If Seller or Buyer desire legal advice, they should consult an attorney.”

The form also allows for “Seller Awareness” (Section V), allotting “Explanation” spaces after each section. The seller is also encouraged to attach any documentation regarding the disclosures, “regardless of when such documentation was originated” (Section VI). The form includes disclosures regarding the following and has a space for buyer acknowledgment at the end:

  • “Geological Condition and Environmental Hazards;”
  • “Governmental” disclosures,
  • “Water-Related Issues;”
  • “Utilities and Services;”
  • “Landscaping, Agriculture, Structures or Other Improvements;”
  • “Title, Ownership, and Other Legal Claims;” and
  • “Disaster Relief, Insurance or Civil Settlement.”

2. Wire Fraud Advisory (WFA) After seeing an increase in wire transfer fraud targeting the real estate industry, C.A.R. has included a Wire Fraud Advisory form in its repertoire of forms to provide buyers and sellers. Per C.A.R., the WFA is “an advisory…regarding the need to exercise extreme caution when using wire transfers of funds and also some practical suggestions for safeguarding their transactions and private information.” Among the precautions suggested is the advice to:

  • Obtain the phone numbers of the escrow company and bank officers early on in the transaction;
  • Always call the escrow company or bank to confirm escrow instructions; and,
  • Never rely on a telephone number provided in the wiring instructions.

C.A.R. recommends making the WFA a part of the listing package provided to buyers and sellers. This sort of fraud can allow criminals access to buyer’s and seller’s email accounts, personal information, and bank routing numbers, enabling them to redirect funds into the criminals’ accounts. It should not be taken lightly.

REVISED FORMS

3. Agricultural Addendum (AGAD) Paragraph 1E of the Agricultural Addendum has been updated to reference the Seller Agricultural Land Supplementary Questionnaire (SALSQ). The form now indicates that the seller will complete and provide the buyer with Form SALSQ “in addition to any Seller property questionnaire that may be required by the [Purchase] Agreement.” This revised language removes any reference to the Vacant Land Questionnaire to avoid duplication. Paragraph 2 of the form has also been updated to encourage the buyer to “investigate” matters that may affect the buyer’s decision to purchase property, such as zoning and land use (Paragraph 2B), environmental hazards (Paragraph 2D), neighborhood, area and property conditions (Paragraph 2H), or owner associations in Common Interest Subdivisions (Paragraph 2I).

4. Contingency for Sale of Buyer’s Property (COP) Paragraphs 7A and 7B of the COP have been added regarding Time Periods and Buyers Deposits, respectively. Specifically, Paragraph 7A “Time Periods” states:

Time periods in the Agreement for inspections, contingencies, covenants, and other obligations shall begin as specified in the Agreement, or □ on the Day After Buyer Delivers to Seller any of the following: (i) Escrow Evidence for Buyer’s Property, or (ii) Buyer’s election in writing, signed by Buyer, to begin time periods, or (iii) Buyer’s removal of this contingency for the sale of Buyer’s Property.

Paragraph 7B “Buyer’s Deposit” includes similar language, stating:

Buyer’s deposit shall be delivered to escrow within the lime specified in the Agreement or □ within 3 business Days After Buyer Delivers to Seller any of the following: (i) Escrow Evidence for Buyer’s Property, or (ii) Buyer’s election in writing, signed by Buyer, to begin time periods, or (iii) Buyer’s removal of this contingency for the sale of Buyer’s Property.

Language has also been added regarding the seller’s right to cancel (Paragraph 5) after giving the buyer a Notice to Buyer to Perform. Lastly, below the signatures, a section entitled “Notice to Remove Contingencies” has been added, allowing the seller to give the buyer notice that contingencies are being removed and the actions specified in Paragraph 8A (“Immediate Right to Notify Buyer to Remove Sale of Properly Contingency”) are being taken.

5. Lease/Rental Mold and Ventilation Addendum (LRM) The signature lines have been changed to include two for tenants and two for landlords.

6. Representative Capacity Signature Disclosure (For Buyer Representatives (RCSD-B)

7. Representative Capacity Signature Disclosure (For Seller Representatives (RCSD-S)
Per C.A.R., the Representative Capacity Signature Disclosures for both buyer and seller have been reformatted to “make the form easier to understand where the entity names should be inserted, where signatures should occur, and who or what should be identified for each.” Language has been added to indicate that the purpose of the form is “to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal.” If the buyer is a trust, the trustee and co-trustees will be identified as the buyer, and the full name of the trust will be included on the form. If the signatory is a power of attorney, the principal will be listed as the buyer. It is important to remind clients that this form does not create a Power of Attorney. A Power of Attorney must have been created prior to signing the form.

8. Seller’s Purchase of Replacement Property (SPRP) This form has been updated so that the default time for buyer’s performance of covenants, contingencies and other obligations is delayed until after the seller removes the contingencies. Paragraph 2B has also been added regarding “Buyer’s Deposit,” indicating that “Buyer’s deposit shall be delivered to escrow within 3 business Days After Seller delivers to Buyer a written notice removing the Finding replacement Property Contingency as specified in paragraph 1 A or □ as specified in the [Purchase] Agreement.” The form also reflects the potential for two contingencies: “One for seller entering into contract to acquire another property and another for seller closing escrow on another property.”

9. Contingency Removal (CR) Section II of the Contingency Removal has been updated to reflect the above-referenced changes in the Seller’s Purchase of Replacement Property (SPRP), specifically the two potential contingencies.

10. Notice to Seller to Perform (NSP) The format of this form has been changed to identify the two potential contingencies of finding a replacement property and closing escrow on a replacement property. Doing so allows the form to stay consistent with the changes in the Seller’s Purchase of Replacement Property (SPRP).

11. Text Overflow Addendum (TOA) The TOA has been updated to clarify the property and the form that it is referring to. For example, it now says, “The foregoing terms and conditions are hereby incorporated in and made a part of the paragraph(s) referred to in the document to which this TOA is attached.”

Click here to download the PDF version of the newsletter.