BRE Mandate on Retention of Electronic Communications

Dear Associates,

Please read the attachment from the BRE’s most recent bulletin on "Retention of Electronic Communications". Based on BRE requirements, we have added responsibilities to both our Broker – Salesperson Contract and our Policy Manual, which includes (but is not limited to), duties to:

• Print, copy, collect, and place into Broker’s transaction file, copies of all correspondence, letters, electronic communications, emails, memos, notes, or other communications with principals in any transaction
• Memorialize in writing, all agreements and disclosures between principals or between any principal or client and Broker
• Immediately provide every client a copy of every document executed. and send all to the client.
• Send all client electronic correspondence only via London’s email exchange system in order to comply with all BRE regulations by providing for a secure back-up and retention of all client correspondence

For those Associates who elect to use our new paperless file / transaction platform, SkySlope, please know in advance that you will have some added responsibilities to make sure that all transactional documents and correspondence are uploaded appropriately and as per our policies.

P.S. Remember, for your convenience, your London Policy Manual is available to you 24/7 from the "Main Switchboard" of Real Trak.

 

Thanks for your help and please see Sherry or your Manager with any questions.

 

 

Disclosure for Veterans Blvd (NW Fresno Sales)

• Fresno City Council has approved the agreements to develop Veterans Blvd.
• The Boulevard will cross over Highway 99 and meet up with Bullard Avenue on the east side of the Freeway, between Shaw and Herndon .
• See attached map.
• Homeowners in the area(s) will be notified of the boundaries and construction.
• This is a disclosure item for sales in the area.

Mandatory Disclosure of Dangerous Conditions

Dear Associates,

As discussed in our sales meeting this week, a recent California Court has ruled that a listing broker has a duty to disclose both dangerous and "concealed dangerous conditions" on a property to other Associates and their clients (invitees to the property). As written in an industry legal brief:

"Based on the aforementioned scenario, the Court of Appeal held that the Owner who has actual or constructive knowledge of a dangerous condition, or who could reasonably discover the unreasonable risk which the condition poses to invitees, is liable for injuries to the invitee for failing to warn of the condition or make the condition safe. Regarding the Listing Agent, the Court of Appeal held that a real estate agent has a duty to notify visitors to the real property of concealed dangerous conditions of which the real estate agent has actual or constructive knowledge."

Based on the above, we are therefore required to make such disclosure(s) and shall at a minimum put it in your "Marketing Remarks" section in the MLS.

Please be vigilant, attentive and thorough.

Thank you!

Patrick