Cool-Down Period for Seniors?

There is no cool-down period now. Once a purchase contract is signed, the seller has to sell.

Katy Perry’s real estate history hasn’t exactly been smooth sailing. The singer has been wrapped up in several legal battles with elderly homeowners in California, and the conflicts have even inspired a proposed law named the Katy PERRY Act—which not exactly a positive claim to fame. Ahead, take a look at everything we know about the potential law.

The Katy PERRY Act, also referred to as the PERRY Act, “addresses the risks of elder financial abuse, especially as it relates to property and real estate sales and transfers,” according to a website created by its supporters. “The Act establishes a 72-hour cool-down period during which either party involved in a contract for conveyance of a personal residence, in which one party is over the age of 75, can rescind the agreement without penalty.” The name is an obvious reference to the singer, but PERRY also stands for Protecting Elder Realty for Retirement Years Act.

While the PERRY Act has not gone through any legislative processes—and is an effort supported by Perry’s opponents in her current real estate court battle—the proposed act has bipartisan support. Among the signing legislators are state representatives, assemblymen, and senators with the majority from New Mexico and Texas. Others are from Arkansas, California, Kansas, Missouri, Montana, Nevada, New York, North Dakota, Oklahoma, Rhode Island, and Wyoming.

Katy Perry has been involved in several legal battles that the website dedicated to the act points to as examples of “predatory acquisition, unfair dealing, or elder financial fraud.” Her most recent high-profile case involves 84-year-old Carl Westcott, who filed a lawsuit to block the sale of his Santa Barbara, California, home to Perry and her fiancé Orlando Bloom. According to court documents, Westcott is alleging that he “lacked the mental capacity to understand the nature and probable consequences of the contract.”

Westcott—who was diagnosed with Huntington’s disease in 2015—purchased the home in May 2020 for $11.25 million with the intention to reside there for the rest of his life. Not long after, he was presented with a proposed contract to sell his home to Perry and Bloom. The contract is dated July 14, 2020, and the offer was for $15 million.

Before signing the contract, Westcott underwent a six-hour back surgery on July 10. When he entered the contract, the lawsuit claimed he was suffering from pain and post-surgical delirium from the surgery, “dementia and/or diminished mental cognitive functions” from Huntington’s, and he was under the influence of pain-killing opiates that his physicians instructed him to take. (If the name Westcott is familiar to you, it may be for one of two reasons: Carl is the founder of 1-800-FLOWERS and his daughter, Kameron Westcott, was a star of the now-cancelled Real Housewives of Dallas.)

Read full article here:

https://www.housebeautiful.com/lifestyle/entertainment/a45432861/the-katy-perry-act-real-estate-law/

Plunging Inventory

We have plunging sales mostly due to plunging inventory!

The supply and demand has plunged at the same time, and there is no way to know that if the inventory were to grow, would there be enough buyers to soak it up? Today’s inventory is full of the leftovers that didn’t sell during summer (today’s average DOM among NSDCC active listings is 77 days), so we can’t really judge it correctly now. But if you see homes that look good and are priced attractively but aren’t selling, then you know the tide might be turning.

NAR Is Just In Time

They wait until the week that the trial starts? She should have said ‘regularly defraud MORE clients’.

The National Association of Realtors laid out a doomsday scenario for the industry in the case home sellers prevail in two landmark antitrust cases.

The group warned that a ruling in the plaintiff’s favor could render buyer’s agents unaffordable, block equal access to listings and restrict buyer choice, NAR’s general counsel Lesley Muchow said. The trade group held the online webinar five days before Sitzer/Burnett, the first of the two closely watched suits, is slated to start trial in Kansas City.

“This would be bad news for consumers,” Muchow said. She added that if NAR isn’t allowed to continue with some of its practices, “we would be forced back into the 19th Century or what we see as the Wild West, where unscrupulous people could regularly defraud clients.”

Muchow argued that if the lawsuits’ results upset local MLS systems, buyers would have fewer homes to choose from and sellers would lose exposure to their properties.

“Buyers would have to visit every single broker in town in order to see all of the available inventory that is out there for them,” Muchow said.

This scenario would likely lead to outdated and inaccurate listing information, she said, and would cost brokers more money if they have to pay to feature their listings on third-party platforms.

Jury selection will begin on Friday.

Both of the landmark lawsuits center on NAR’s “participation rule,” which critics claim violates antitrust laws by inflating commissions charged to home sellers.

The rule’s interpretation was largely understood as requiring listing brokers to offer compensation to buyer’s agents, but a spokesperson for NAR said that it only “requires participants to communicate an offer of compensation to other MLS participants and that offer can be any amount, including $0.”

Frenzy Monitor

Here are the active and pending listings for each area.

We consider a ratio of 2:1 actives-to-pendings to be a healthy market, and five of the 12 areas are 2:1 or better, and seven of 12 are 3:1 or better.  For everything we’ve been through, that’s pretty good!

Two areas (SE Carlsbad and Encinitas) are a little light on pendings compared to last year at this time, but price will fix that. It is remarkable how similar July and October were to last year, and the other months weren’t too far off either.

Will it be like this in 2024? Probably!

Deal!

The incredible part about this sale is that it was listed with a Compass agent previously for $9,800,000.

The seller dumped $1,000,000 and listed with a new agent for $8,800,000 and then about a week later dumped again and sold for $6,900,000 cash. He dropped $2,900,000 in less than a month!

Deals are out there, but you have to earn them! Make offers!

U2 – Tiny Desk

Were you there at the US Festival when Bono climbed to the top of the lighting standard and we were all yelling for him to jump – he could have been memorialized right there! In the beginning he was a voice of freedom, and this video is a good reminder of those days. Laughter is the evidence of freedom!

HUD on Support Animals

The Housing and Urban Development has frequently asked questions and answers for those seeking clarification when a tenant presents a request for a support animal. They are not a pet – it is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability.

What Is an Assistance Animal?

An assistance animal is an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or that provides emotional support that alleviates one or more identified effects of a person’s disability. An assistance animal is not a pet.

Obligations of Housing Providers

Individuals with a disability may request to keep an assistance animal as a reasonable accommodation to a housing provider’s pet restrictions.

Housing providers cannot refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

The Fair Housing Act requires a housing provider to allow a reasonable accommodation involving an assistance animal in situations that meet all the following conditions:

  • A request was made to the housing provider by or for a person with a disability
  • The request was supported by reliable disability-related information, if the disability and the disability-related need for the animal were not apparent and the housing provider requested such information, and
  • The housing provider has not demonstrated that:
    • Granting the request would impose an undue financial and administrative burden on the housing provider
    • The request would fundamentally alter the essential nature of the housing provider’s operations
    • The specific assistance animal in question would pose a direct threat to the health or safety of others despite any other reasonable accommodations that could eliminate or reduce the threat
    • The request would not result in significant physical damage to the property of others despite any other reasonable accommodations that could eliminate or reduce the physical damage

Examples

A reasonable accommodation request for an assistance animal may include, for example:

  • A request to live with an assistance animal at a property where a housing provider has a no-pets policy or
  • A request to waive a pet deposit, fee, or other rule as to an assistance animal.

Click here for the full FAQs:

https://www.hud.gov/program_offices/fair_housing_equal_opp/assistance_animals

Plunging Sales

The local sales numbers are frightening. Compare our sales counts to these areas:

Populations / Sales = People Per Sale

New Hampshire: 1,389,000 / 1,490 = 932

Portland metro: 2,220,000 / 1,717 = 1,293

Las Vegas metro: 2,227,000 / 2,374 = 938

Charlotte metro: 2,267,000 / 3,316 = 684

Denver metro: 2,931,000 / 3,175 = 923

San Diego: 3,319,000 / 1,656 =  2,004

Here is how they compare – the high month in 2023 was similar to the annual low month perviously!

Sellers will have to do more than ever to improve their home for sale – just to get in the running!

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