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Legislative Update Auctions - Some lenders or servicers have begun to experiment with the use of auctions as a way to validate the fair market value of a potential short sale. Concern has been expressed that the listing agent’s loss of control over the sales transaction during the auction process might create liability for the listing agent. Several theories have been raised including: some sort of interference with contract rights, inherited liability for an auctioneer's inappropriate conduct or botched disclosures, or even violation of fair housing laws because the buyer's premium (which normally cannot be charged to a buyer in FHA and VA transactions) might create a "disparate impact" fair housing violation by prejudicing protected groups. C.A.R. is exploring options that include proactive legislation as a way to protect Realtors® and their clients in the auction environment. Squatters - C.A.R. will SPONSOR legislation to address unlawful occupation of residential property by squatters. Under California law it can take a minimum of 30-60 days to evict a squatter. California REALTORS® have seen a significant rise in a) the number of properties being occupied by squatters and b) the sophisticated knowledge these squatters have of California eviction laws. These statutes, such as unlawful detainer procedures, are geared toward situations in which a tenant is evicted for failure to pay rent or committing a violation of the rental agreement. There are currently no statutes designed to assist homeowners and law enforcement officials with removing unauthorized residents (squatters) from vacant properties in a timely manner. In an effort to address this situation, this bill will propose a new law specifically defining the unlawful entering or possession of any real property as well as making it a felony to refuse to leave the property when requested to do so by the owner or owners' representative

Linda Banales
Broker of Agentcor Realty Bakersfield
Ceo of Bakersfield Real Estate Group
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Linda Banales Broker of Agentcor
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