May 2015: California Association of REALTORS® Releases New & Revised Forms

BY: EDWARD J. ZORN, ATTORNEY AT LAW
CASEY MCINTOSH, PARALEGAL

The California Association of REALTORS® released four (4) new and six (6) revised forms on April 27, 2015.

New Forms
Buyer Amendment to Escrow Instructions (BAEI) | Seller Amendment to Escrow Instructions (SAEI)
The BAEI and SAEI were created by C.A.R. following the changes to the Residential Purchase Agreement that were implemented late last year. According to C.A.R., these two new forms satisfy the requirement of the “Department of Business Oversight, [a] government body with regulatory authority over independent escrow holders.” The SAEI and BAEI allow independent escrow holders to release a deposit in the absence of signed mutual instructions. The forms state,

“If either Party fails to execute mutual instructions to cancel, one Party may make a written demand to Escrow Holder for the deposit (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder’s notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit.”

Ultimately, these forms will allow escrow to release a deposit following the cancellation of the escrow instructions as set forth in the RPA.

Independent Contractor Agreement with Binding Arbitration Option (ICA-BA)
This agreement between broker and associate-licensee includes a binding arbitration clause, to be enacted in the event that the broker and associate-licensee cannot resolve any disputes that may arise through mediation. According to the form,

“Such claims would include, without limitation, any concerning the initiation of the work relationship, the pay or other compensation for the work performed, breach of contract, expenses, any claims by Broker or Associate-Licensee for violations of applicable law or regulations, the decision by Broker or Associate-Licensee to end the assignment, any claims for conversion and/or breach of fiduciary duty, as well as any claims that arise from or relate to Broker’s classification of Associate-Licensee as an independent contractor rather than an employee.”

The broker will be responsible for all costs of the arbitration, which will be conducted through JAMS at an office closest to the county of the broker’s office with which the associate-licensee was associated. However, each party shall pay their own attorneys’ fees and costs.

Independent Contractor Agreement with Mediation (ICA-NA)
This agreement between broker and associate-licensee contains a clause that makes mediation the mandatory first step to resolve disputes. Unlike the ICA-BA, described above, if disputes are not resolved through mediation, the broker and associate-licensee may submit the matter to binding arbitration, but it is not required.

Revised Forms
C.A.R. also made minor modifications to the below forms, “such as updates to code references and changing reference to BRE to CalBRE, to satisfy CalBRE requirements”

  • Options and Upgrades Addendum to New Construction Residential Purchase Agreement (NCA)
  • New Construction Property Disclosure Statement (NCDS)
  • Common Interest Subdivision Supplemental Escrow Instructions (NCEI)
  • New Construction Notice of Completion and Notice to Close Escrow (NCNC)
  • New Construction Residential Purchase Agreement and Joint Escrow Instructions (NCPA)
  • New Construction Addendum to RPA-CA (NCRPA)

Silent Revisions to the Residential Purchase Agreement
According to C.A.R., there will also be numerous “silent revisions” to the Residential Purchase Agreement, including:

  • Paragraph 1B (Property Identification) is being reformatted to eliminate duplicate language.
  • Language is being added to Paragraph 3C (All Cash Offer) to make explicit that the sale is not contingent upon buyer obtaining a loan.
  • Paragraph 7D(6) (Allocation of Costs—Other Costs) is being revised to indicate the buyer has the responsibility to pay for any requested HOA Certification fees.
  • Language in paragraph 10A(4) (Statutory and Other Disclosures) is being modified to clarify that if the seller will not be providing a Transfer Disclosure Statement (TDS) or a Seller Property Questionnaire (SPQ), then the seller is obligated to provide a Supplemental Contractual and Statutory Disclosure (SSD).
  • Paragraph 14C (Time Periods; Removal of Contingencies; Cancellation Rights—Seller Right to Cancel) will be modified to clarify that if the buyer does not assume or accept leased items, the seller may give the buyer a Notice to Buyer to Perform (NBP).
  • The Exclusion from Mediation and Arbitration Paragraph (22C) is being modified to specifically mention that filing a lawsuit to preserve a statute of limitation is allowed without violating the mediation or arbitration requirement.
  • Language is being added to the bottom of page 10 to specifically allow the buyer to acknowledge that the last page is part of the agreement.

As usual, should you have any questions regarding new, revised, or even old forms, contact your local REALTOR® association or qualified legal counsel.

 

May 2015 Newsletter_New Forms


Supra Maintenance Notification – May 26th

Dear Valued Customers,

On Tuesday, May 26th starting at 5:30pm PDT and ending at 8:00pm PDT, Supra will be conducting routine maintenance at our data center.  We expect the outage for key syncing to be less than 1 hour but you could experience intermittent outages during the entire maintenance window.

How will Updates be Available?

What will NOT be Working?

  • SupraNET
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating
  • Automated Phone Payments (IVR system)

What WILL be Working?

  • SupraWEB
  • KIM Voice
  • ActiveKEY Automatic Updates

Thank you,

Supra Support Team


Supra Maintenance Notification – April 28th

Dear Valued Customer,

On Tuesday, April 28th starting at 5:30pm PDT and ending at 8:00pm PDT, Supra will be conducting routine maintenance at our data center.  We expect the outage for key syncing to be less than 1 hour but you could experience intermittent outages during the entire maintenance window.

How will Updates be Available?

What will NOT be Working?

  • SupraNET
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating
  • Automated Phone Payments (IVR system)

What WILL be Working?

  • SupraWEB
  • KIM Voice
  • ActiveKEY Automatic Updates

Thank you,

Supra Support Team


Updated eKEY® app for Apple iOS devices

Dear Customer,

A new version of the eKEY® app for Apple devices is now available for download at the Apple App Store™. This new version fixes the reauthorization 9B0D error that some users have experienced recently. This eKEY app is for iOS versions 5.1.1 and newer.

To view the current list of compatible eKEY devices, please click here.

Thank you,

Supra Support Team


Sentrilock Box Exchange Coming Soon

SRCAR® will be offering a Lockbox Exchange in the coming months (exact date to be determined).  What this means is that if you have a Sentrilock box and you would like to exchange it for a Supra Lockbox this will be your opportunity. It will be a one for one exchange.  This exchange will apply to all Sentrilock boxes you have purchased from SRCAR® or HSJAOR.

Should you wish to keep your Sentrilock Keycard, SRCAR® has agreed to continue that service with Sentrilock, for those who buy and sell outside our area.

Although, you can continue to use the Sentrilock boxes,  SRCAR® will no longer acquire new Sentrilock boxes.

Start checking your lockbox inventory.  Make sure that if you have any of the Sentrilock  boxes that they are registered in your name.  If you aren’t sure, please call the Association’s and we will confirm the information in advance for you.

If you have purchased Sentrilock boxes from another agent, please make sure that you notify the Association office with a letter from the selling owner , or receipt of sale, so that your records will be current.  In the event that you did not notify the Association of a transfer, those boxes will show under the previous owner’s name and you may not be able to exchange them.

In order to participate in the exchange, you must be able to bring your Sentrilock boxes in so that you may receive a new Supra Lockbox in return.  Unfortunately, if you cannot bring in the box, during the designated exchange period, we will be unable to exchange it for a new one.

While more details will be forthcoming, the Southwest Riverside County Association of REALTORS® wanted you to have as much time as possible to prepare.

Remember, look for more details in the coming weeks and be prepared for the Supra Lockbox Exchange coming later this year.


Supra Projected Maintenance Schedule for 2015

Dear Supra Customer,

Supra conducts periodic maintenance to its data center operations. Please see the maintenance schedule at the bottom of this message for the remainder of 2015.

Note that during these planned maintenance events, the following services will be unavailable to Supra users:

  • Key Syncs and Wireless updates
  • SupraNET
  • Billing information, bill pay or pay by phone

Supra keyholders in need of an update code during a planned maintenance may get one from:

SupraWEB: www.supraekey.com

KIM Voice:  866-968-4032

We will only use these outage windows if needed and we will strive to minimize impact on keyholders during these times.

Outage dates for the remainder of 2015, the last Tuesday of every month during the hours 5:30 PM Pacific time to 8:30 PM Pacific time, are:

April 28

May 26

June 30

July 28

August 25

September 30

October 27

November 24

December 29

 

Thank you,

Supra Support


Sentrilock Card Utility 4.0 Announcement

The purpose of this message is to inform you of a required Card Utility upgrade that will need to be completed by agents using older versions of the Card Utility program.  This upgrade will have to be completed by August 31, 2015.

The drivers that the old Card Utility versions use will no longer be supported by the major internet providers after August 31, 2015.  That is why there will be a need for agents to upgrade to the most recent version of the Card Utility.

Starting on March 25, 2015, every time an agent puts their SentriCard in a card reader to renew, it will inform them that they are using an old version of the Card Utility and they will need to upgrade.  It will also provide them with the link to the updated version.  Once they upgrade, the message box will no longer be displayed.  If they are already on the updated version, they will not ever see the message box and continue to update their card as they usually do.

If the agent doesn’t follow the link on the login page, after the card has been successfully renewed, they will get a pop up error message that they are using an old version of the Card Utility, and they will need to upgrade prior to August 31, 2015.  The SentriCard will be renewed, and if they click out of the pop up error message, they will get the message showing that their card was successfully renewed.  Once they upgrade, the message box will no longer be displayed.  If they are already on the updated version, they will not ever see the message box and continue to update their card as they usually do.

If you are using the original card readers from 2003-2005, these card readers do not have drivers available now that can upgrade to the current version of the Card Utility.  The card readers that are affected by this look like this:

Old Card Reader

If you have a card reader that looks like the above, please contact your association to discuss the replacement cost of a more current card reader from SentriLock.  After replacing the card reader, you will need to make sure you upgrade to the newest version of the Card Utility.

Thank you,


SRCAR® members who contributed $148.00 ” The True Cost of Doing Business”

Zoe Aldrich
Greg Allred
Dina Anderson
William Anderson
Zackore Ashbrook
Stanley Bach
Karen Baer
Barbara Baker
Mike Bandoc
Nora Barnachia
James Berns
Skip Bettarel
Omar Bitar
Kristen Boano
Earl Bonawitz
Lisa Borsotti-Clark
Stephanie Box
Jenni Brink
Darlene Brockett
Susan Brodmann
Roy Brown
Grant Brubaker
Robert Burke
Dorothy Cake
Marli Calabrese
Ryan Call
Ann Cameron
Dian Campos
Christina Carlin
Csilla Carr
Stacy Carter
Lynn Cartwright
JoAnne Castro
Xingjian Chen
Sandra Chilson
Christ Christoph
Jessica Chritopher
Bob Clark
Paula Clark
Christean Coffey
Andrian Cole
Lauren Corcoran
Richard Cosner
John Cox
Cynthia Crain
Sarah Crain
Victor Cravello
Deana Crisp
Gary Crutchley
Dennis Cutschall
Chad Decker
Howard Dellsite
Paul Desimone
Joseph Dilullo
Evelyn Dimapilis
Vicki Droge
Donals Dysert
Vicki Dysert
Gene Elfelt
Jerry Empson
Dan England
Michelle English
Robert Evertsz
Jana Farella
Sonya Feigen
Lori Fenton
Logan Fernandez
Dee Fether
Priscilla Fierro
Lorrie Flannigan
Christopher Francis
Eduardo Franco
Margare Gamester
Tommy Gaylor
Steve Good
Peter Greer
David Hale
Isabel Hall
Barbara Harrison
Kathleen Hefley
Marcel Hensley
Benilda Hestrin
Caroll Hirst
Hung Manh Hoang
Linda Hofstatter
Michael Horan
Nancy Hughes
Lynette Hutton
Kimberly Ingram
Kathryn Jordan
Yong Kim
Leona Kline
Debbie Kosum
Sidney Kutchuk
Kelly Kyles
Delilah Lagmay
Gwen Leevers
Monica Lembo
Bruce Lindquist
Susan Loomis
Janice Lovendahl
Guadalupe Magana
Amy Maidment
Dan Maidment
Sharon Malby
Josie Maniscalco-Powell
Mike Mason
Fara Mawhinney
Robert McCann
Wendy McGowan
Debby Medlin
John Mekeel
Mark Menconi
Carl Messing
Randy Miller
Rob Mink
Jaime Montes
Joyce Moore
Julie Moore
Andrea Morales
Cecilie Nelson
Larry Nelson
Lisa Neugebauer
Wendy Newton
Kathleen Nielson
Charles Nichols
George Niotta
Kimberly Norton-Mercer
Diamontina Ochoa
Patrick Park
Sharon Pedersen
Michael Pericful
Denise Perry
James Peterson
Lenny Pineda
James Pinneo
Lisa Platts
Lawrence Plavala
Joe Polzin
Mark Ponticelli
Joe Pruett
Vicki Puterbaugh
Catherine Rainey
Dick Rainey
Jeremiah Raxter
Stephanie Record
Paul Rinde
Kayla Pitchie
Asana Rivera
Tyson Robinson
Paul Rodiggaines
Sandra Roe
Marti Rojas
Alisa Rowley
Adam Ruiz
Terry Ryan
Andrea Sanders
Maxine Sanjacomo
Linda Santolucito
Richard Schutt
Nadia Selim
Stephen Sellers
David Serpa
Dennis Serrao
Dianne Smith
Mike Smith
Massimo Spadazzi
Ryan Steinbuch
Darryl Stephenson
Diane Stumpp
J.J. Swanson
Marsha Swanson
Joseph Tacorda
Cathy Thibodeau
DeAnna Thomas
Debbie Thomas
Glenda Thomas
Kevin Tiedeman
Eric Tomlinson
Janie Tomlinson
Ron Trott
Sharon Tucker
Dennis Unrein
Clark Van-Deventer
Annie Van Peter
Loni Vogler
Wendy Whitelaw
Ronny Whong
Dennis Williams
Gail Williams
Lacy Williams
Mark Williams
Denyse Wilson
Sandra Wilson
Walter Wilson
Lillian Wlasiuk
Rochelle Wren
Gerald Wright
Ruth Wright
Gene Wunderlich
Carl Wunderly
Robert Young
Mark Younglove
Cherise Zentic


Supra Maintenance Notification for March 18

Dear Valued Customer,

Wednesday March 18th, starting at 5:30 PM PDT and ending at 8:30 PM PDT, Supra will be conducting maintenance at our data center. For a portion of this time, the following interruptions MAY be seen:

What MAY be intermittent ?

  • SupraNET
  • Automated Phone Payments (IVR system)
  • ActiveKEY Automatic Updates
  • DisplayKEY eSYNCs
  • eKEY Syncs and Wireless Updating

What will be available?

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

Thank you,

Supra Support Team