New California Update Law Disclosures on Death

01/14/2017

Keeping you informed

Disclosures Death of Occupant Rule Clarified Effective 9/25/16
The existing law concerning disclosure of death of an occupant is clarified to say that the death of an occupant, or the manner of death, occurring more than three years prior to an offer to purchase is not a material fact which requires disclosure.
 This law clarifies that an owner or his or her agent, or the selling agent are not required to disclose the death of an occupant upon the real property or the manner of death where it occurred more than three years prior to the offer to purchase or rent, since it is not a material fact. Previously, the law only stated that no cause of action could arise for failing to disclose such. Additionally, this law clarifies that no disclosure is required where an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications. 
 AB 73 codified as Civil Code § 1710.2. Urgency law to take effect September 25, 2016.  














Jim W Hildreth-Mediator

Legal Education California

January 09 2017

As a California Real Estate Broker, a Mediator with the California Association of Realtors, it
is important to complete continuing education as to the profession.

This week the California Association of Realtors are offering  Legal Developments in Broker
Disclosures.

The duties of a Broker.

Being discussed is a California Supreme Court Ruling on Horiike vs Coldwell Banker where the court ruled that in a dual agency transaction the parties must be treated equally with disclosures.

In California there are many disclosures and new laws.

Transfer Disclosure TDS
Supplemental Disclosures SPQ
Carbon Monoxide
Condominium
Disclosures of Deaths
Megan's Law
Lead Base Paint

This week I will #Mediate between a Buyer and Seller over a non-disclosure issue in the
San Francisco Bay Area.

Real Estate is complex and its important to know the Law.















Jim W Hildreth-Mediator
Real Estate Mediation Services

Water-Conserving Plumbing Fixtures California

January 4 2017

Northern California is seeing some relief from the California Drought with a weather pattern of steady rains.

A new California law is enclosed for those who own Real Estate.

Dec. 8, 2016 (revised)
Legal Article: California  law requires property owners (for properties built before 1994) to install water-conserving plumbing fixtures by 2017 for single-family properties and 2019 for other properties ). Additionally, if a property is altered or improved after 2014, then water-conserving plumbing fixtures must be installed as a condition of final permit approval. (Cal. Civ. Code section 1101.4)







Jim W Hildreth-Mediator
Real Estate Mediation Services

Personal Assistants Google Home & Amazon Alexa

Personal Assistants are exploding in demand and is becoming more main stream as to our demand, for instant information in our households.

Weather, music, shopping list, banking, ordering pizza.

How about your latest stats on your daily steps on Fitbit.

Amazon Echo is just over 2 years of age and now has over 3,000 apps known as skills.
Amazon Echo is now in the USA, Great Britain, and Germany.

Google's vast network can assist in locating that mouth watering bakery, or main street shops.

Technology via Artifical Intelligence ai will change our lives from ordering books, our future travels.

Want to mediate?  ask Alexa.






Jim W Hildreth-Mediator www.RealEstateMediation.org

Mold Habitability Standards for California Rentals

November 7 2015

California landlords should be aware that a new law starting January 1 2016
is that Mold has been added to the list of habitability problems

No obligation to repair until given notice or if a tenant fails to to keep property clean and sanitary.

What should the landlords approach be?

Definition of Substandard building requires determination of health or code
enforcement officer.

Source SB 655

Jim W Hildreth Mediator
(888) 877-3189
Real Estate Mediation Services

California Smoke Alarm Reminder

 November 4 2015

Smoke Alarm Reminder for California Landlords


Beginning January 1, 2016

Landlord shall install additional smoke alarms as needed, to insure that the smoke alarms are in
compliance with current building  standards

1) each bedrooms
2) centrally located outside each sleeping area and
3) on every floor, including the basement regardless of whether there is a sleeping
    ares on the floor. (California Building Code (F) 907.2 2.101.2)

Landlord not required to replace existing alarms unless inoperable.

Jim W Hildreth Mediator
(888) 877-3189  (209) 536-1103
Real Estate Mediation

Small Claims Court California

Having a dispute? One can file a claim up to $10,000 in California Superior Courts.

Types of Disputes Real Estate, Landlord Tenant, vendor- vendee, money owed

One can visit the local court and often under forms file a simple application for your dispute.

Need assistance with your forms, courts often have a self help center, or check with a local legal document assistant.  CALDA offers online legal document assistants.

Always consider asking the court for the availability of Alternative Dispute Resolution or
Mediation.

Jim W Hildreth Mediator

Real Estate Mediation Services