C.A.R. Legal News on new CCPA Requirement
Excerpt from https://www.car.org/legal/Recent-Legal-Developments/Legal%20News/CCPAnowbundled
"The California Consumer Privacy Act (“CCPA”), which goes into effect on January 1, imposes certain obligations on “3rd party” companies that are otherwise exempt from the law. This would include many brokers, regardless of their size or data use, if they have received data from a CCPA covered business. The law requires these “3rd party” companies to provide a consumer with explicit notice of their right to “opt-out” of the sale of their data that was received from the CCPA covered business before that data is sold or shared again by the 3rd party company. Additionally, the MLS model rules now require that all MLS participants or subscribers comply with the 3rd party CCPA notice requirements.
"The California Consumer Privacy Act (“CCPA”), which goes into effect on January 1, imposes certain obligations on “3rd party” companies that are otherwise exempt from the law. This would include many brokers, regardless of their size or data use, if they have received data from a CCPA covered business. The law requires these “3rd party” companies to provide a consumer with explicit notice of their right to “opt-out” of the sale of their data that was received from the CCPA covered business before that data is sold or shared again by the 3rd party company. Additionally, the MLS model rules now require that all MLS participants or subscribers comply with the 3rd party CCPA notice requirements.
To facilitate compliance with the consumer privacy law, a new C.A.R. form “California Consumer Privacy Act Advisory” (CCPA) has been created. It is bundled with the Agency Disclosure and should be provided to your clients at the same time as the Agency Disclosure.
C.A.R.’s Q&A entitled “The California Consumer Privacy Act” explains the obligations imposed upon 3rd party businesses and the use of the new form. See questions 27 through 32."
QUESTIONS 27-32
Q27. My brokerage does not qualify as a “business” under the CCPA. However, if my brokerage comes into possession of “personal information” from a covered business, does that make my brokerage a “third party?”
A27. Almost certainly, yes. A brokerage that receives information from a covered business is a “third party” under the CCPA. This situation would arise either because the MLS is itself a covered business or a brokerage or some other data vendor supplying information through the MLS is a covered business.
Q28. What are some ways in which a brokerage might receive personal information from a covered business?
A28. Leads or referrals, or even information made available through an MLS if the original information was provided by a covered business or if the MLS itself is a covered business.
Q29. If my brokerage is a “third party” what additional duty does that impose?
A29. Being a third party means that the brokerage may not then sell information received from a covered business unless the consumer has received explicit notice and is provided an opportunity to exercise the right to opt-out. (Civil Code 1798.115(d)). In general, when a brokerage receives consumer information, it should try to verify (when possible) if the entity giving the information is covered by CCPA.
Keep in mind that the law is awaiting clarification through the Attorney General’s regulations which may address much of the uncertainty surrounding the duties of third parties.
Q30. Is a C.A.R. form available that allows my brokerage as a third party to provide "explicit notice?"
A30. Yes. C.A.R. form "California Consumer Privacy Act Advisory" (CCPA) will be available with the December 2019 forms release. The form will be bundled with the agency form.
Q31. Is a brokerage required to provide this notice to both the buyer and seller?
A31. Since a brokerage will never be certain if the information is received from a covered business, the CCPA form should be given to the buyer and seller before selling or sharing your clients’ personal information. Additionally, the MLS model rules require that all MLS participants or subscribers comply with the CCPA notice requirements.
This form is bundled with the Agency Disclosure, and C.A.R. recommends that you provide it to your clients in all transactions when the Agency Disclosure is provided. For property which is currently listed and for which the Agency Disclosure has already been provided, C.A.R. recommends that the form be provided as a separate disclosure to your clients before January 1, 2020.
Q32. Does that mean it will be necessary for a buyer’s agent to contact the seller beforehand to obtain their consent to provide the MLS listing information to their own buyer?
A32. No, and for several reasons. First, we expect that REALTORS will be providing their clients with C.A.R.’s new Consumer Privacy Disclosure (available in December pending approval of the Standard Forms Advisory Committee). This form provides consumers with notice of their opt out rights to protect third party brokerages.
Secondly, the information input into the MLS is authorized by the seller for the express purpose of disseminating it to a buyer who is looking for a property to purchase. This kind of use of the information likely would not trigger the third party requirements under the CCPA.
California Housing/Real Estate Market News
Real Estate Finance
A 30-year, fixed-mortgage interest rate averaged 3.69 percent in October, down from 4.83 percent in October 2018, according to Freddie Mac. The decrease of 114 basis points for the 30-year fixed-mortgage rate was the largest decline in any 12-month period since November 2009. The five-year, adjustable mortgage interest rate was an average of 3.38 percent, compared to 4.08 percent in October 2018.
Trinity County Inventory Supply & Demand
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ATTENTION ALL MEMBERS
DID YOU KNOW??? An Ethics Course is required by all members.
As you probably know, the current cycle for Realtor members to take the Code of Ethics is 2019-2021. In 2019, NAR passed a motion that all Realtors® must take the Realtor® code of ethics course every three years and have extended the current cycle deadline from December 31, 2020 to December 31, 2021.
If you have not taken a Code of Ethics course in this cycle, you can take the "FREE" course at the link below.
Please let Donna Medina know if you have questions at donnamedina6@gmail.com
https://learninglibrary.com/COE/A/HOME?affiliateId=10868&affiliateId=10868
As you probably know, the current cycle for Realtor members to take the Code of Ethics is 2019-2021. In 2019, NAR passed a motion that all Realtors® must take the Realtor® code of ethics course every three years and have extended the current cycle deadline from December 31, 2020 to December 31, 2021.
If you have not taken a Code of Ethics course in this cycle, you can take the "FREE" course at the link below.
Please let Donna Medina know if you have questions at donnamedina6@gmail.com
https://learninglibrary.com/COE/A/HOME?affiliateId=10868&affiliateId=10868
Welcome to the Trinity County Association of REALTORS® website! Our agents provide real estate services to all of Trinity County CA including the following areas: Weaverville CA, Douglas City, Junction City, Down River, Lewiston, Trinity Center, Coffee Creek, Hayfork, Hyampom, and Trinity Pines. If you are interested in buying or selling real estate in this area, please contact one of our REALTOR members. If you are interested in joining our MLS and/or association, please CLICK HERE.
Trinity County has a population of just under 14,000. Weaverville, CA (the county seat) is a historic California Gold Rush town with a current population of just under 4,000 people. Many residents choose Trinity County as a place to live and retire because of the climate, wonderful mountain views, and clean air - not to mention the wonderful people. There are beautiful mountain forests that lie along the Trinity River within the Salmon/Klamath Mountains. We are known for our mountain biking and other recreational activities, our rich history of logging and timber, and our many historic buildings and unique architecture.
If you have any questions about our area, the real estate industry, or our REALTOR Association, please contact us today!
Trinity County has a population of just under 14,000. Weaverville, CA (the county seat) is a historic California Gold Rush town with a current population of just under 4,000 people. Many residents choose Trinity County as a place to live and retire because of the climate, wonderful mountain views, and clean air - not to mention the wonderful people. There are beautiful mountain forests that lie along the Trinity River within the Salmon/Klamath Mountains. We are known for our mountain biking and other recreational activities, our rich history of logging and timber, and our many historic buildings and unique architecture.If you have any questions about our area, the real estate industry, or our REALTOR Association, please contact us today!
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TCAOR
Mission Statement
The Trinity County Association of REALTORS® mission is: to serve our members and the public, promote the preservation of real property rights, and promote real estate in Trinity County - while upholding the obligations established by the National Assoiation of REALTORS® Code of Ethics.Join Our Association
If you are an appraiser, lender, or real estate broker interested in doing business in the Trinity County area, we invite you to consider the benefits of membership in our MLS Service and association. Please call us for information and pricing or drop us an email.
