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Dennis Badagliacco, who is one of three members serving on the Legal Advisory Board of the NAR, as are other prominent members of AREA: Diana Bull and Patti Lawton, who is vice Chair, made the following presentation about current legal considerations facing the NAR:
Zip Forms Update: CAR has discovered a group headed by an attorney who is using the Zip forms library without authorization. As most of you know, the forms are strictly a member benefit for NAR members. The forms are tightly controlled and the “group” using the forms has also allowed the changing of the forms while still using the CAR and NAR logos! The offenders have refused to cease and desist. CAR has sued the offenders to protect the forms for all of us.
The City of Pasadena has a tree ordinance requiring homeowners to keep street trees. Many cities in all States have a similar ordinance. During a violent storm a tree came down and did $720,000 damage to the adjacent home. The lower courts have held Pasadena liable. Pasadena came to CAR and requested funding for the appeal. The request was unanimously denied by CAR. The case needs to be watched because of the National Implications. Many cities require land owners to maintain city trees and pay for repair damages, including sidewalk repairs. It will be interesting to see if a city can require a tree, but not be responsible for any damage caused by the tree.
On the rent control front, San Francisco is at it again! This time San Francisco is attempting to say a tenancy may not be terminated during the school year is a school age child lives in the structure! Obviously, organized Real Estate is fighting the law.
Cyber claims for unsecured emails continue to be filed across the USA. Both phone and internet attacks continue to occur with looming large costs to the Title industry and Real Estate Firms. Remember the FBI will not even take the case if the loss is less than $240,000!