Lake
Tahoe Real Estate - Rubicon |
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ONLINE
REAL ESTATE LICENSING LAW DECLARED UNCONSTITUTIONAL
Last week the federal courts ruled in favor of Web publisher
ForSaleByOwner.com in a lawsuit challenging California's requirement
that Web sites obtain a real estate license in order to publish
real estate advertising and information. Specifically, the
court decided that California's real estate licensing law
violates the First Amendment because it requires Web sites
to obtain a license but exempts newspapers that publish the
same information. In 2001, the Calif. Dept. of Real Estate
began stringently enforcing the licensing law against "for-sale-by-owner"
and classified advertising Web sites that allow individuals
to buy and sell homes without a real estate broker. ForSaleByOwner.com
challenged the law in May 2003, disagreeing with the distinction
California's law makes between newspapers and online media.
In last week's decision, the court did not hold ForSaleByOwner.com
to standards of commercial speech because it concluded the
Web site does not participate in commercial transactions with
its customers. The court's ruling also decided that the activities
of newspapers using online functionality for real estate listings
are virtually identical to the activities of ForSaleByOwner.com
NEW HOME SALES CONTINUE TO RISE IN OCTOBER Sales
of new single-family homes rose to a seasonally adjusted annual
rate of 1.226 million units in October, a 0.2 percent increase
above the revised September rate of 1.224 millions units,
the U.S. Dept. of Commerce reported last week. The rate was
7.4 percent above the sales pace of October 2003. The seasonally
adjusted estimate of new houses for sale at the end of October
2004 was 412,000, a supply of 4.1 months at the current sales
rate. Both the West and Northeast regions posted increases
in new single-family home sales in October 2004. Sales improved
by 12.7 percent in the West, while sales in the Northeast
rose 19.7 percent. Sales of new single-family homes declined
in the Midwest and South regions, falling 3.6 percent and
9.1 percent, respectively.
NEW LEGISLATION HELPS VETERANS BECOME HOMEOWNERS
Congress recently approved new legislation that will increase
the limits on mortgages backed by the U.S. Dept. of Veterans
Affairs, making homeownership more affordable for veterans.
The legislation increases the loan guaranty amount for veterans
to $83,425, which is 25 percent of the Freddie Mac and Fannie
Mae conforming loan limits. This increased loan guarantee
amount will allow veterans to afford houses priced over $300,000,
which is especially beneficial for those who live in high
cost areas such as California and Florida. The VA home loan
guaranty program was initially set up in 1944 to encourage
lenders to offer affordable mortgage rates and terms to veterans
who qualified for the program. It is estimated that close
to 90,000 additional veterans, as well as thousands of soldiers
currently fighting in Iraq, will be able to take advantage
of the VA home loan program because of the increased guaranty
amount.
U.S. CONSUMER CONFIDENCE INDEX DECLINES IN NOVEMBER
The consumer confidence index fell for the fourth straight
month in November, declining to 90.5 (1985 = 100) from 92.9
in October, The Conference Board reported on Tuesday. The
expectations index also decreased to 87.4 from 92.2, while
the present situation index improved to 95.2 from 94.0. "With
consumers' assessment of current conditions holding steadfast
and intentions to spend for the holiday season up from a year
ago, the outlook for retailers is mildly encouraging," said
Lynn Franco, director of The Conference Board's Consumer Research
Center. "But looking beyond the upcoming holidays, the continuing
erosion in expectations suggests consumers do not feel the
economy is likely to gain major momentum in early 2005." The
Conference Board also reported that consumers' employment
outlook continues to be cautious, with the percentage of consumers
expecting fewer jobs to become available in the coming months
increasing to 19.7 percent from 18.3 percent in October. Consumers
saying jobs are "plentiful" decreased to 16.8 percent in November,
down from 17.4 in October.
Information provided by - C.A.R. Newsline is published by
the CALIFORNIA ASSOCIATION OF REALTORS®, a trade association
representing more than 150,000 REALTORS® statewide.
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