Providing for a prohibition on solicitation of owners of residential real property within defined geographic areas by real estate brokers, salespersons or other persons regularly engaged in the trade or business of buying and selling real estate, for homeowner cease and desist zones and for homeowner cease and desist lists; and imposing penalties.
Impact
The enactment of HB 628 is expected to enhance homeowner protections by granting them the ability to opt-out of aggressive solicitation tactics employed by real estate agents and brokers. The legislation delineates the penalties for violations, with fines escalating for repeat offenders. This regulatory measure aims to discourage unwanted interference with homeowners' decisions regarding their property while also promoting fair practices within the real estate industry. Furthermore, it provides a structured process for complaints against violators, contributing to increased accountability among real estate professionals.
Summary
House Bill 628, known as the Homeowner Cease and Desist List Act, establishes a framework to protect residential property owners from unwanted solicitation by real estate professionals. The bill authorizes the Secretary of the Commonwealth to create cease and desist zones in areas where property owners face intense and repeated solicitation. Once a zone is designated, property owners can file an ‘owner's statement’ indicating their desire not to be solicited, and this information will be collected in a cease and desist list maintained by the Secretary. This initiative aims to reduce intrusive marketing practices in the real estate market.
Sentiment
The sentiment surrounding the bill appears to be generally supportive among homeowner advocates and those concerned about aggressive marketing practices. Supporters argue the bill is a necessary step to empower homeowners and safeguard their privacy. However, there may be some contention from within the real estate industry, as agents and brokers could view this as a limitation on their marketing efforts. The balance between protecting homeowner rights and allowing real estate professionals to operate effectively could be a focal point of discussions as the bill progresses.
Contention
Notable points of contention include the potential pushback from real estate professionals who may view the restrictions as overly limiting to their business operations. There may be concerns about the implementation and enforcement of the cease and desist zones, especially regarding how frequently these zones are established or reviewed. The five-year limit on the effectiveness of such zones before they need reauthorization may also lead to debates about the workability of the law. Additionally, questions may arise regarding the fairness of penalties and whether they adequately deter violations without being punitive.
Providing for a prohibition on solicitation of owners of residential real property within defined geographic areas by real estate brokers, salespersons or other persons regularly engaged in the trade or business of buying and selling real estate, for homeowner cease and desist zones and for homeowner cease and desist lists; and imposing penalties.
In definitions, further providing for definitions; in application of the act and penalties, further providing for exclusions; and, in duties of licensees, providing for right to cancel sales agreements or sales contracts for wholesale transactions.
Providing for historic homeownership preservation incentive tax credit; imposing duties on the Department of Community and Economic Development and the Pennsylvania Historical and Museum Commission; and establishing the Historic Homeowner Preservation Tax Credit Administration Fund.
In real estate foreclosure, further providing for definitions, for effect of certification of vacancy and abandonment and for applicability and providing for private selling officer sales and for conduct of online sheriff sales.
Providing for the registration of labor brokers; imposing duties on the Department of Labor and Industry and the Secretary of Labor and Industry; establishing the Labor Broker Registration Account; and imposing penalties.
Providing for a prohibition on solicitation of owners of residential real property within defined geographic areas by real estate brokers, salespersons or other persons regularly engaged in the trade or business of buying and selling real estate, for homeowner cease and desist zones and for homeowner cease and desist lists; and imposing penalties.