NEW SB 407 WATER FIXTURE REPLACEMENT REQUIREMENTS

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As real estate agents, it’s important to keep up with current housing requirements for our client’s sake. In case you weren’t aware of the new water fixture requirements, read below.

Current Requirements

When a property that was built on or prior to January 1, 1994 and is going through additions, alterations, or improvements; SB 407 requires that non-compliant plumbing fixtures should be replaced with water conserving fixtures.

Future Requirements

  • For single-family units: these features must be replaced by January 1, 2017, regardless of additions, alterations, or improvements. Duplexes and attached units are considered single-family units.

  • For multi-family units: these features must be replaced by January 1, 2019.

Future Disclosure Requirements

By January 1, 2017, the seller or transferor of single-family units needs to disclose to a purchaser, in writing, the requirements for replacing plumbing fixtures. Also, the seller needs to disclose whether the real property has noncompliant plumbing fixtures. The starting date of this requirement for multifamily units is January 1, 2019.

These plumbing fixtures are considered noncompliant:

  • Toilets that use more than 1.6 gpf (gallons of water per flush).

  • Urinals that use over 1 gpf.

  • Showerheads that have a flow capacity of over 2.5 gpm (gallons of water per minute).

  • Interior faucets that emit over 2.2 gpm.

9 REAL ESTATE ADVERTISING REQUIREMENTS

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Do you have some confusion about real estate advertising? As agents, it is important that we follow the rules and regulations to avoid hefty fines. But good news! We’ve condensed all of the requirements for you below:

1. HomeSmart Evergreen Realty Logo

According to the NAR Code of Ethics (CE), it is imperative that you include the logo and company name of your brokerage along with the Fair House, REALTOR®, and MLS logo.

2. Agent CalBRE Number

The California Bureau of Real Estate has a regulation which states that agents need to incorporate his or her CalBRE number in the ad. The number can’t be smaller than the smallest font size in the advertisement.

3. Using the term REALTOR®

In your ad, the word “realtor” must be written in all capital letters with the trademark symbol on the right side.

4. Photos from the MLS

HomeSmart Evergreen Realty and the MLS have a policy which states that agents cannot use ANY listing photos on the MLS without the permission of the listing agent. This includes an image of the front of the home. Agents are always welcome to take their own photos for their advertisement.

5. Identifying Yourself

According to the NAR Code of Ethics (CE), a real estate agent needs to identify him or herself as an agent, broker, RE Licensee, or REALTOR®.

6. Neighborhood Market Reports

Before using a neighborhood market report, agents need to check if the property has been opted out. If the status of the listing is Active, Pending, or Back Up, it must have the listing company and listing agent attribution in the same font and color as the main content. Agents should not include confidential information in the report.

7. MLS Information

If you use MLS information in your ad, you must include the following disclaimer: “Based on the information from California Regional Multiple Listing Service, Inc. as of “date the AOR/MLS data was obtained) and/or other sources. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.”

8. #1 REALTOR®

If you want to use statements such as #1 REALTOR®, etc, you will need to cite and include the resources to substantiate that claim, according to the NAR Code of Ethics (CE). It would best not to use it.

9. Credits

All offering/advertising credits must include the following disclaimer: “All credits, and amounts, are subject to lender approval.” When you advertise “Discounts” or “Free” you must include all terms, conditions, and restrictions to the offering. HomeSmart Evergreen Realty doesn’t allow advertising of commission amounts and advertisements of reduced commissions. Example: “1% Listing” or “Discount Broker”.