News of the week: Tacos, government regulation, 737 N. Catalina, and mortgage lending

Say it ain't so: the much-beloved Henry's Tacos in Studio City/Tujunga Village may have to close! Nooooo! Apparently, the landlord wants to do something else with the property.  There will be a taco eat-in on Sunday to protest and we'll be there.

Seen 737 N. Catalina in Burbank yet? The adorable, unspoiled 2+1 for $425,000? It's not my listing, but I'm taking bets on how many offers it will receive.  I showed it last night, and there were so many other showings around the same time that it was like an open house.

Government regulation or lack thereof: the Department of Real Estate in California is going away next year.  Instead, regulatory matters and law enforcement will be handled by a new branch of the California Consumer Affairs division.  I don't know how this will work, but the DRE was understaffed, so perhaps this will be an improvement.

Learned today: Forget getting credits through escrow for repairs on the house you're buying.  If the house needs repairs, and you're getting a loan, your lender may require the repairs to be made before close of escrow by the seller.  Yup, they're tightening up on that, too.

New CA real estate disclosure: Marijuana

The California Statewide home buyers and sellers advisory is a required disclosure document on all residential real estate transactions.  It now contains a disclosure about Marijuana (it also contains another disclosure stating that you might be hit by a stray golfball. Connection?). Where else but in CA, I ask you? It discloses, among other things, that the Feds don't view pot as legal, and it might cause mold or moisture problems if you cultivate it.  Gosh, that's important to know when you buy or sell a house. It also discloses that brokers have no expertise in this area, so please don't ask me anything about this.

Beware of the evil clowns of Los Angeles short sales

Of course I couldn't go a month without saying something about short sales, right? Lately, I've been made aware of new and different scams perpetrated on short sale sellers in Los Angeles and the San Fernando Valley.  If you or anybody you know is thinking about selling short, there are a few things you should know to protect yourself. 

First and foremost, you shouldn't pay any money to anybody upfront to handle a short sale for you.  They get paid through the commission when the sale closes.  This is California law.

Second, you need to sign all legally binding contracts, starting with the listing paperwork.  No matter how dire your straits are, please take the time to review the paperwork your Realtor gives you.

Third, you'll need to disclose everything you know about your property in standard forms.  Your Realtor can help you fill these out, but don't let him/her do it for you.  You're liable for non-disclosure long after escrow closes.

Fourth, yes, you do have a say in who buys your place, and the terms and conditions of the sale.  You'll sign off on this paperwork, too.  You're probably thinking, "But I'm walking away with nothing in a short sale; why should I care?" Well, there are many contractual terms that still concern you besides money, such as when possession will be given to the new buyer (negotiable), what appliances stay, whether leases are still in force, etc.  One thing to know: you can't short sale your property to a relative.  The bank will insist that the transaction be "arms length."

Five, and this is important, you can take your property off the market (just in case, say, you get a windfall and no longer have to short sale it).

Remember, sellers, your short sale negotiator/Realtor is working for you, first and foremost.  Don't be afraid to ask questions.  If you'd like to educate yourself more about the process, the California Department of Real Estate has lots of info on its website, as does the California Association of Realtors.