Please note: The Florida Realtors/Florida Bar Residential Contract, its AS IS companion and several of the Comprehensive Riders are now live and available in Form Simplicity and through other forms vendors. Changes are minimal and are a result of marketplace issues or law changes.
Redline or highlighted versions
We are providing redline/highlighted versions of the forms – with changes indicated – and a summary of the changes. The "Talking Contract" will soon be available again, and will include the revisions.
Summary of Revisions
July 10, 2013: Real Estate Appraisal Board amendment
The Florida Real Estate Appraisal Board has amended 61J1-4.010, Supervision and Training of Registered Trainee Appraisers. Some of the changes are significant, and Florida Appraisers involved in the supervision of Registered Trainee Appraisers should be aware of some new responsibilities.
1. Licensed Appraisers are no longer permitted to supervise Registered Trainee Appraisers. Only Certified Residential Appraisers and Certified General Appraisers may supervise.
2.Supervisory Appraisers must accept "full and complete" responsibility for "any research, data collection, development, analysis, or communication of any appraisal review or the appraisal report by signing and certifying the report is in compliance with USPAP."
3. The Supervisory Appraiser must personally inspect each appraised property with the trainee "for a minimum of the first twelve months of the registered trainee's initial registration, and thereafter" until the trainee is competent in accordance with the Competency Rule of USPAP.
4. A Registered Trainee Appraiser "may not sign an appraisal certification within the first twelve months of his or her registration as a trainee appraiser."
5. A Supervisory Appraiser must included the following statement in any report in which the registered trainee appraiser contributed to the development of the appraisal or the writing of the appraisal report: "I, the supervisory appraiser of a registered appraiser trainee who contributed to the development or communication of this appraisal, hereby accepts full and complete responsibility for any work performed by the registered appraise trainee named in this report as if it were my own work." Read the full text of the rule.
Feb. 12, 2013: Fannie Mae upgrades short sale process
Fannie Mae has expanded its HomePath for Short Sales tool to help speed up the process.
Any real estate professional working on a short sale with a Fannie Mae-owned loan can use the new tool as part of a short sale escalation. Once a case is escalated, Fannie Mae will work directly with an agent or servicer to address challenges, such as valuation disputes, delays by servicers or uncooperative subordinate lien holders. Home Path has a webpage with more info for real estate pros about the short sale process.
March 1, 2012: FTC’s Business Opportunity Rule
Brokerages or brokers, who solicit sales associates, may need to comply with the Federal Trade Commission’s Business Opportunity Rule (BOR). Learn more.
To find out more about compliance obligations, read the BOR, read information from NAR.
Read NAR’s legal guidance flood insurance requirements and rates information here.
MAP Rule: Mortgage Acts and Practices - Advertising
This Final Rule prohibits any misrepresentation in any commercial communication regarding any term of any mortgage credit product; and imposes certain recordkeeping requirements.
The Fair Credit Reporting Act has been amended. Effective July 21, 2011,
if you take action that requires you to provide a Notice of Adverse Action and the adverse action is based in whole or in part on a numerical credit score, you must now also provide the consumer a written or electronic disclosure that includes the following additional information:
• A numerical credit score;
• The range of possible credit scores under the model used;
• All of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4;
• The date on which the credit score was created; and
• The name of the person or entity that provided the credit score or credit file upon which the credit score was created.