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
If enacted, HB 383 would significantly modify state laws concerning real estate practices. The establishment of cease and desist zones empowers the Secretary of the Commonwealth to regulate solicitation in these areas, thus creating a structured process for residents who wish to opt-out of unsolicited contact. The Act outlines procedures for homeowners to file statements of their wishes and imposes penalties on violators, reinforcing homeowners' rights against unwanted solicitations.
Summary
House Bill 383, also known as the Homeowner Cease and Desist List Act, aims to protect homeowners from aggressive solicitation by real estate brokers and salespersons. The bill allows for the establishment of cease and desist zones, where homeowners can declare their wish not to be contacted about selling their properties. This initiative responds to concerns about intense solicitation practices within specified geographic areas, thus providing homeowners with a sense of control over their property and privacy.
Sentiment
The sentiment surrounding HB 383 appears to be largely positive among proponents, who appreciate the legislative effort to protect homeowners from invasive marketing tactics. However, some concerns may arise from industry stakeholders who rely on solicitation for business. Nevertheless, the general response from homeowner advocacy groups has been supportive, as the legislation aligns with their goals of empowering consumers and promoting a fair marketplace.
Contention
Notable points of contention include the potential limitations this bill may impose on real estate professionals' ability to market properties. While the bill seeks to prevent harassment of homeowners, critics may argue it restricts the legitimate means by which brokers can conduct business. Furthermore, there may be discussions on the efficacy and enforcement of the penalties outlined in the bill, as well as how the zones are defined and maintained over time.
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.
Relates to designating the county of Kings a cease and desist zone; establishes an affirmative defense to violations of nonsolicitation orders and cease and desist zones.
Requires any person in the business of selling, assigning or buying an equitable interest in real estate without taking legal title to such property, to be licensed as a real estate broker or salesperson and to comply with the disclosure requirements.
Requires any person in the business of selling, assigning or buying an equitable interest in real estate without taking legal title to such property, to be licensed as a real estate broker or salesperson and to comply with the disclosure requirements.
Reforms the organizational structure for the Department of Transportation and Development including its duties, powers, and responsibilities of officers and employees (EN INCREASE SD EX See Note)
A bill for an act providing for certain business entities acting under the jurisdiction of the secretary of state by providing for the removal of information from a filing based on a sworn affidavit and administrative dissolution based on the response to interrogatories.(See HF 2678.)