HB2009

THE CONTEXT: Currently, a county board of supervisors (BOS) may adopt land division ordinances to split a parcel of land into five or fewer lots, parcels or fractional interests, each of which is 10 acres or smaller. A land division application may be approved if certain statutory requirements are met.

WHAT THE BILL DID: The final vetoed version would require an application to split a parcel of land to be approved if the applicant signs an affidavit acknowledging that it is unlawful to divide within a 10-year period a parcel of land into six or more lots or parcels, require all real estate employment agreements to include, in material terms, an ascertainable amount or rate of broker compensation, and require a real estate employment agreement for a licensee to represent a buyer in a residential real estate transaction and must be entered into before: a) the buyer tours any dwelling; and b) a broker writes a purchase offer on a buyer's behalf.

WHY IT MATTERED: The practical reason for this bill was to turn the Legislature's standard for real estate into an enforceable rule. It would require an application to split a parcel of land to be approved if the applicant signs an affidavit acknowledging that it is unlawful to divide within a 10-year period a parcel of land into six or more lots or parcels, and would also require all real estate employment agreements to include, in material terms, an ascertainable amount or rate of broker compensation, rather than leave the current rule unchanged.