Arcadia REALTOR® e Official Publication of the Arcadia Association of REALTORS® VOL. 18, NO. 6 WWW.THEAAR.COM JUNE 2014 PROUDLY SERVING THE REALTORS® OF ARCADIA, BRADBURY, DUARTE, MONROVIA AND SIERRA MADRE Ask an Attorney? See page 11 Did You Get to e Shred with Street Cred See page 8
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ArcadiaREALTOR®The Official Publication of the Arcadia Association of REALTORS®
VOL. 18, NO. 6WWW.THEAAR.COMJUNE 2014
PROUDLY SERVING THE REALTORS® OF ARCADIA, BRADBURY, DUARTE, MONROVIA AND SIERRA MADRE
Ask an Attorney?See page 11
Did You Get to
The Shredwith
Street CredSee page 8
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Arcadia Association of REALTORS®601 South First Avenue
Arcadia, California 91006626.446.2115
626.446.4072 FAXwww.TheAAR.com
2014 ASSOCIATION OFFICERSMike Vachani {President}
Joe Pacilio {President-Elect}Roy Blume {Vice-President}
Sylvia Ramos {Secretary/Treasurer}
2014 ASSOCIATION DIRECTORSMicah Adams
Ryan AsaoAndy Bencosme
Kelvin ChangMargaret Garemore
John LeeMark Ramos
Dave ScarminachIrene Yamagata -Bermudez
2014 C.A.R. DIRECTORSRyan Asao
Andy BencosmeMargaret Garemore
Joe PacilioRandall Traw
Mike VachaniKelvin Wong
ARCADIA ASSOCIATION STAFF
Robin Allen Ext. 307 Director of Finance / Office Manager [email protected]
Michael Beltran Ext. 302 IT Director / Webmaster [email protected] Brenda Faltes Ext. 304 Director of MLS Data Integrity, Supra & Social Media [email protected] Jamie Hu Ext. 309 Administration [email protected]
Stephanie Maertens Ext. 303 Director of Education, Publications & MLS Caravan [email protected]
Maria Roberts Ext. 305 Director of Membership & Professional Standards [email protected] Jane Shriver Ext. 301 Director of Association Services [email protected]
{ Arcadia REALTOR® | June | Two Thousand and Fourteen | Volume Eighteen | Number Six}06.14
ArcadiaREALTOR®
June 2014
REGULAR FEATURES
4 Events Calendar
4 From the CEO’s Desk Andrew Cooper, Chief Executive Officer
5 Attorney Comments Dave Freeman, AAR Legal Counsel
6 Market Matters
9 Affiliate Corner “Where are All the Buyers?” Leslie Villavicencio, Great American Financial
10 Through the Lens A Look at What’s Happening Around the AAR
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ON THE COVER11 Ask an Attorney A recap of the attorney panel held at the Courtyard Marriott in Monrovia.
ADDITIONAL CONTENT3 AAR New Members The AAR welcomes its newest REALTOR® Members.
5 AAR Recieves Recognition AAR received recognition from the City of Monrovia City Council for sponsoring the Monrovia Community Easter Egg Hunt & Healthy Kids Day on April 19, 2014.
8 Tech / YPN Charity Poker Night A photo recap of the recent Tech / YPN Charity Event.
8 Paper Shreading Day A photo recap of the recent AAR Papershred Day.
Arcadia REALTOR® Magazine3
AAR New MembersThe Arcadia Association of REALTORS® would like to formally welcome our newest REALTOR® members!
AAR new members with Membership Committee Vice-Chairman, Cindy Shiao; Committee Chairman, Alma Aguilar and 2014 President, Mike Vachani are (in no particular order): Vivek Anand, Coldwell Banker Dynasty, T.C.; Augustine Avila, Coldwell Banker, Arcadia; Honghua L. Borja, IRN Realty; Amy Buckner, Podley Properties; Danielle Chen, IRN Realty; Jianmiao Chen, Highland Real Estate; Annie Chou, Re/Max Omega; Yanping Ding, Re/Max Omega; Tina C. Fan, Long Dragon Realty Group, Inc.; Leah L. Fulton, Dilbeck Real Estate; Carmen O. Garcia, Coldwell Banker Dynasty, T.C.; Xiuyun Guan, Highland Real Estate; Diana C. Hua, Century 21 West Coast Brokers; Shiao B. Huang, TNG Real Estate Consultants; Michelle Y. Hung, Coldwell Banker Dynasty, T.C.; Bonnie A. Joung, Keller Williams West Foothills; Timothy S. Komlos, Coldwell Banker, Arcadia; Ping Kuo, Highland Real Estate; Minh V. Lac, Podley Properties; Peixin Li, IRN Realty; Xiaoyan Li, TNG Real Estate Consultants; Kim Lim, Century 21 Ludecke Inc.; Wenbo Lu, Coldwell Banker George; Clemen Mendoza, Maryam Mosallaie, Coldwell Banker George; VasTree Real Estate; Catherine Ngan, Poly Grand LLC; Richard Ni, Re/Max Advanced Realty; Mary Jane Rodriguez, Re/Max 6000 Realty; Dongqing Wang, Long Dragon Realty Group, Inc.; Sherry Y. Wang, Keller Williams Realty; Yingying Wang, Coldwell Banker George; Guo Y. Wong, Coldwell Banker Dynasty, Arcadia; Chunmei Yang, C.B. Investment & Funding; Simon Yang, Coldwell Banker Dynasty, T.C.; Yu Yang, Highland Real Estate; Xiaoping Yu, Highland Real Estate; Yi Z. Zhang, Treeline Realty & Investment; Yue Zhang, Paradise R.E. Investment and Xing M. Zheng, Highland Real Estate.
Smokin’ Jack IIAAR Events 4 Charity presents:
Thursday, July 24, 20145:30 p.m. - 9:30 p.m.
Matt Denny’s Ale House Restaurant145 Huntington Dr, Arcadia, CA 91006
www.TheAAR.com ~ 601 S. First Ave. Arcadia, CA 91006 ~ 626-446-2115
I was watching my 3 year old son play in his sandbox the other day. When my wife or I went over to play with him he welcomed us in with a big smile and a toy to play with. By
contrast I remember a time when a neighbor’s child was playing with our son and that child wasn’t being particularly nice that day. As a result, my son’s body language indicated he was very reluctant to let him in the sandbox to play.
This little story correlates with how so many wildly successful people conduct their business practices. If they cannot trust the people with whom they are doing business or if they are negative and pessimistic, they simply won’t spend even a minute with them.
So who do you allow into your sandbox? Are you surrounding yourself with people of integrity, character and high ethical standards? Are you associating with highly infectious, positive people? As REALTORS® we’re obligated to follow the REALTOR® Code of Ethics in our business dealings, but what if we do the same with the people in our personal lives as well?
Some people may argue that in business you have to deal with people that you don›t enjoy being around or who are negative because of the personal contacts they may have. I disagree. We have a choice with whom we associate and there are hundreds of thousands of examples of people who become successful on their own terms.
After taking a long, hard look at who is presently in your sandbox, ask yourself these questions: Are they the kind of people you really want to be associated with? Who would you most like to be in your sandbox and who would you most like to be out of it? Lastly, what (or who) is keeping you from making those changes?
There are so many really good, honest, positive and supportive people that I would rather choose to associate with and who are likewise happy to associate with me. It’s a mutual admiration society which can work miracles in your personal life if you so allow it. I’m a firm believer in the more you intentionally choose who you spend your time with, the more enjoyable your life will become.
Legendary sportscaster Charlie Jones summarized it best, “In five years you will be the same person you are today with the exception of the books you read and the people you hang out with.”
I hope the next sandcastle you build in your sandbox is the biggest and best one ever.
M 2 9:00 a.m. - 10:30 p.m. - “Advanced Technologies”
T 3 10:00 a.m. - 12:00 p.m. - zipForm Plus Training 11:00 a.m. - Global Real Estate Committee Mtg.
T 24 9:00 a.m. - 11:00 a.m. - “How to Invest in Real Estate with IRA Funds” 1:30 p.m. - Budget and Finance Committee Mtg. W 25 8:30 a.m. - MLS Caravan
F 27 8:30 a.m. - Board of Directors Mtg. 6:00 p.m. - 9:00 p.m. - E4C Red, White & Bingo
June 2014
June Events
Andrew CooperChief Executive Officer
AttorneyComments
By Dave Freeman, Association Counsel
June 2014
TRANSFER DISCLOSURE STATEMENT: The new document at Paragraph 16 contains a great deal of confusing language and terminology. There are several references to Section 900, 903, 910, and 914, with no explanation of what these sections mean, nor what they are sections of. As crazy as this sounds, the reason CAR included this language, is because our beloved legislators passed a law that requires it be quoted exactly this way. To clarify the language: The sections refer to the California Civil Code, which can be found online (and will bore you to sleep). Basically, this paragraph in the TDS states that the Seller must disclose any construction defect suit or similar action regarding deficiencies in the property, by or against the Seller, or by or against the Home Owners Association.
DUAL AGENCY: Once again
the courts have expressed their displeasure with dual agency. It does remain legal and proper. Just don’t have a client complain or file suit claiming improper representation. In the Horiike case, regarding a 15,000 square-foot property in Malibu that sold for $12 million, the Buyer, who spoke no English but hired an agent who spoke Japanese and got the plans and permits regarding the property, sued the LISTING AGENT and broker for discrepancies in the property. Though the jury found for the Broker Defendant, the appellate court reversed, saying there could be breach of the fiduciary duty to the Buyer, as the listing agent and the selling agent were in the same office. Similar cases have gone the other way, but it is extremely expensive to have to contest this issue. Best solution (though not always practical) is to be sure that
listing and selling agents are from different brokerages. (In this case, the Buyer did not sue the selling agent.)
NON-REFUNDABLE DEPOSITS: Often, the seller insists on a release of, or a non-refundable deposit. The Liquidated Damages clause is another provision mandated by the Legislature and has the full force of law. To vary from it, or to make a deposit non-refundable, requires some separate consideration. That is, if the Seller wishes to retain the deposit if the Buyer fails to complete the transaction, the Buyer must receive something in return. Language should be included, for instance that the Seller would suffer unusual damages as a result of the failure to close, and that the deposit is a fair compensation for those spelled-out damages. Give the court a reason to feel that this was a bargained for trade.
Arcadia REALTOR® Magazine5
AAR received recognition from the City of Monrovia City Council for sponsoring the Monrovia Community Easter Egg Hunt & Healthy Kids Day on April 19, 2014.
(L to R): Councilmember Larry Spicer, AAR 2014 President Mike Vachani, Councilmember & AAR Broker Tom Adams, AAR CEO Andrew Cooper, Mayor Maryann Lutz, Mayor Pro Tem Becky Shevlin and Councilmember Alex Blackburn
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MarketMatters
Market Statistics for the San Gabriel ValleySingle Family Homes Condominiums SFR Only
Sponsored by:Over $1,900 Raised for Local Charities!
Sponsored by:
Affiliate Corner“Where are All the Buyers?”
By Leslie Villavicencio, Great American Financial
In April 2014, the LA Times reported that a national research study found that consumers overwhelmingly believe they cannot qualify for a home loan in today’s market. The study cited that many people feel intimated by the “fear of the home-loan unknown.”
The study also reported that:
•56%ofpotentialhomepurchaserssaythey’re out of the market because they don’t want to face the possibility of rejection by lenders. •74%ofpotentialbuyerswhowouldneeda mortgage concede that they have not scoped out the current market or taken the steps needed to qualify. •Manypotentialbuyersbelievethattheyneed near-perfect credit scores to get a home loan. •Debttoincomeratio(seemed)another insurmountable obstacle in many potential buyers’ eyes - enough so that they don’t even try to obtain a mortgage.
The truth is that the current lending environment offers significant choices, flexibility and loosening of underwriting standards which can actually benefit consumers. REALTORS® can do their clients a huge service by explaining that getting a home loan is highly likely in today’s mortgage market.
The key is to work with a mortgage expert that gets to know the client and carefully understands their situation and qualifications. Getting a home loan is a highly PERSONALIZED process and depends on the client’s specific income, credit, assets, reserves and debt, etc.
A client’s fears can be eased by a mortgage expert who works to put together the pieces of the puzzle in order to provide him/her with customized home loan options. This
requires collecting accurate supporting documentation and maintaining open communication. If in case a client does not immediately qualify for financing, a mortgage expert is the crucial partner that helps outline the necessary steps needed to be able to qualify for financing in the near future.
Today’s lending market is evolving and continues to provide offerings to meet consumer needs. Some of these include: •Financingforthosewithlowercreditscores •Limiteddownpaymentrequirements(aslittleas 0.5%) - Lender Paid mortgage insurance (wrap the cost of mortgage insurance into the interest rate to be tax deductible) - Piggyback loans - 1st and 2nd loans secured concurrently to avoid mortgage insurance all together •DownPaymentAssistanceprograms •GovernmentFinancing(FHA,VA,USDA) •ConventionalandHighBalance •JumboLoans;greaterthan$625,500inLACounty •Alternativedocumentationforwage-earnerswith high 2106 expenses and self-employed borrowers •ForeignNationalFinancing •EnergyEfficiencyHomeLoans •Andlast,thisfinancingcanbefoundineither fixed rates, adjustable rates, or interest only rates
REALTORS® have an opportunity to inform, educate and empower their clients about the home loan process in order to facilitate their next purchase and provide them with a satisfying experience, while insuring their own success and productivity.
Leslie Villavicencio and Wendy Silva are Loan Officers from the Silva-Villa Team at Great American Financial - A Mortgage Broker. Find out more at www.silva-villa.com or contact us at Wendy (818) 522-6644 or Leslie (626) 975-4010.
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A Look at What’s Happening Around the AARthroughthe lens
10June 2014
Discover Global Event | May 8, 2014 | Diamond Bar, CA
Taste of Duarte | May 21, 2014 | Duarte, CA
“Incorporating for Real Estate Agents”
AAR Speech Masters
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“ASK AN ATTORNEY”Saturday, May 17, 2014 | Courtyard Marriott, Monrovia
“Incorporating for Real Estate Agents”
The AAR held its first Annual “Ask an Attorney” event on Saturday, May 17, 2014. A packed-house got to listen to four attorneys speak on their legal specialty and then had the opportunity to ask questions. This event was brought to you by the Education Committee of the AAR. The attorneys include: David D. Fu, Scott B. Mahler, Greg C. Pyfrom and Romy S. Rahmanian. Special thanks to event chair April Kass of La Rocca Inspections and Education Committee Chair Julie Bencosme of Dilbeck Real Estate for coordinating such a worthwhile event and our Master ofCeremonies,AndyBencosme,Century21Village.Additionalthanks go to our generous sponsors: Stephanie LaPorte, Old RepublicHomeProtection;AprilKass,LaRoccaInspectionsandJason Landes, RPM Mortgage. (L to R): Education Committee Chair Julie Bencosme,
Scott B. Mahler, Attorney; Cecil Griffin; April Kass, La Rocca Inspections; Greg C. Pyfrom, Attorney; Jason Landes, RPM Mortgage; David D. Fu, Attorney; Stephanie LaPorte, Old Republic Home Protection; Romy S. Rahmanian, Attorney and Andy Bencosme.
Sponsored by:
Jason Landes, RPM Mortgage
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www.DownstreamExchange.com
909 East Green Street, Pasadena CA 91106-2930
Phone: (800) 743-1031Fax: (626) 796-8222
C. Anthony Phillips, CPA President
We Provide A Complete Service To Successfully Accomplish Tax Deferred Exchanges
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Pre-Exchange Tax Planning
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Post Exchange Tax Planning
Call for your free Exchange Tax Analysis
Arcadia Association of REALTORS®601 South First AvenueArcadia, California 91006
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• Estate Planning• Trust Administration• Probate• Business Law• Commercial Transactions• Corporation, LLC & Partnership Formations• Business Contracts
Romy S. Rahmanian, Attorney
(626) 869-878733 East Huntington Drive • Arcadia, CA 91006