Adult Kid Living at Home? You’re Not Alone, And It’s Not Forever

Paper house attached to yellow blank price tag on blue background

Pricey rental markets, low housing inventory and high home costs, crushing student debt loads, and difficulty finding jobs are adding up to an unmistakable U.S. trend: kids moving back in with mom and dad after graduating from a college or university.

If you live in New Jersey, Connecticut, New York, Florida, or California, the odds of having a child living at home are especially high, according to an August 18, 2016 analysis from Stateline.

Feel better now that you know it’s not just your kid? Great. But if you’re still hoping that the situation doesn’t last forever, you might want to point junior to a couple of Nolo’s free online articles:

Oops, yes, that latter one means your son or daughter may be coming to you requesting help with the down payment or more. But you wouldn’t be alone in that, either–it’s the only way that many young people today can afford to break into the real estate market.

If providing such help is financially impossible, here’s another prospect for you to consider: Do I Need a Building Permit to Construct a Tiny House in My Backyard? It could be a way to put some space between you and your returnee!

California Passes Law Legitimizing Motorcycle Lane Splitting

By John McCurley



Most California drivers have had the experience of sitting in freeway traffic when a motorcycle flies past, squeezing between grid-locked cars—a practice called “lane splitting.” Opinions differ on whether lane splitting should be allowed. Some motorists—mostly those who drive cars—believe that lane splitting is too dangerous and should be banned. Motorcyclists, on the other hand, generally think that lane splitting can be done safely and ought to be legal. But what’s the law in California?

Until just recently, California law was vague on the legality of motorcycle lane splitting. California Vehicle Code Section 21658—the only law on the books that would arguably cover lane splitting—says that when a roadway is divided into two or more lanes going in the same direction, all vehicles must be driven “as nearly as practical entirely within a single lane.” The California Highway Patrol (CHP) interpreted this law as neither authorizing nor prohibiting lane splitting.

However, on August 19, 2016, Governor Jerry Brown signed into law Assembly Bill 51 (AB 51). The legislation will add Section 21658.1 to the California Vehicle Code, with an effective date of January 2, 2017. The new law defines “lane splitting” as driving a motorcycle “between rows of stopped or moving vehicles in the same lane, including on both divided and undivided streets, roads, or highways.” Interestingly, the law doesn’t specifically say what’s permitted, but instead authorizes the CHP to create “educational guidelines” related to lane splitting safety. (Cal. Veh. Code § 21658.1.)

The CHP has yet to issue guidelines, but past CHP publications might give some indication of what’s to come. Previously, the CHP published guidelines (which they later retracted) that included advisements against motorcycle lane splitting when:

  • traveling more than ten miles per hour faster than the flow of traffic
  • traveling 40 miles per hour or faster, or
  • the flow of traffic is 30 miles per hour or faster.

The prior guidelines also explained that only riders who are experienced and competent enough should attempt lane splitting.

Though there’s still some uncertainly about the details of the new legislation, AB 51 makes California the first state to formally approve motorcycle lane splitting. It remains to be seen whether other states will follow California’s example.

Yes, Home Seller, You Should Mention the Snakes!

snakeSometimes the law and ethics match up nicely, other times, not so much. That’s one of the reasons “The Ethicist” column in The New York Times can be both an entertaining and a frustrating read.

A recent column, “You’re Going to Sell Your Home. Should You Mention the Snakes?” provides an example of when the law and ethics line do match up; yet it reflects a total lack of awareness on the questioner’s part that the matter at hand is primarily a legal one.

The basic situation is that the prospective home sellers live in an area with a “snake problem.” About three times a year, they encounter poisonous copperheads, and have been bitten. They worry that if they reveal the snake issue to prospective home buyers, said buyers will go running in another direction.

The Ethicist basically advised speaking up. Otherwise, he explained, the homeowners will have to live with their conscience if the home’s new owners get bitten; and by speaking up, the sellers can help prepare the new owners to avoid snake contact, and thus minimize the risks. Sensible advice.

The Ethicist also got it right when he said, “Your lawyer or real estate agent would be able to tell you whether you have a legal duty in your state to reveal the facts that you have told me.”

But The Ethicist veered a little off course with the statement that, “Scruples like yours help explain why real estate agents don’t like to have the sellers around when they bring in prospective buyers.” The fact of the matter is that, in most U.S. states, both home sellers AND their real estate agents have an obligation to be forthcoming with any known “material” facts that would affect the value or salability of the property.

Most states have created lengthy, detailed disclosure forms that home sellers, and in some cases their real estate agents as well, must fill out. These forms advise prospective buyers of everything from a leak in the roof to a refrigerator with a wiring problem to a crack in the foundation. Few of these forms actually mention snakes; but no matter, most of them have an “other” clause.

Not only that, but it’s often the real estate agent who explains to the home seller that, far from giving in to the urge to hide problems, being forthcoming is a way to inspire trust and to ease negotiations. The buyer is going to be a lot less inclined to close the deal if, while touring the property, he or she runs into a snake or hears about the problem from a neighbor.

Moreover, full and complete disclosures are an important way to avoid later lawsuits. Failing to provide them is its very own “cause of action” (basis upon which to sue) in many states.

That doesn’t mean there aren’t unscrupulous sellers out there. That keeps lawyers and judges busy, with ongoing lawsuits about what the sellers should have disclosed. But for any seller curious about his or her obligations, and wanting to avoid such lawsuits, a good starting point is Nolo’s state-by-state series of articles on what disclosures are legally required.

Another Court Says the Fourth Amendment Doesn’t Apply to Credit Card Swipes

The U.S. Eighth Circuit Court of Appeals is among the latest courts to consider whether the police need a legal justification in order to swipe someone’s credit card. In a June decision, it took the popular view that examining a card in this way isn’t a Fourth Amendment “search.” According to this position, there’s no real difference between looking at the information on the front of a card and using a device to examine the magnetic strip on the back of it. (United States v. DE L’Isle, No. 15-1316 (8th Cir. 2016).)

To the Eighth Circuit and several other courts, an officer doesn’t need a warrant or other legal justification in order to swipe or scan a card. An officer who has legitimately accessed a card—as opposed to one who has, say, arbitrarily stopped someone on the street and snatched the card away—can run it through a machine in order to investigate its legitimacy.

In the case that led to the ruling, law enforcement came by a stack of credit, debit, and gift cards during a search after a traffic-stop-turned-arrest. Suspicious, as they tend to be when encountering big bunches of cards, officers scanned the plastic. The scans confirmed their suspicion of identity theft, exposing the cards as having either stolen information or no account information at all.

For more on the case, including the court’s rationale and potential differences in court rulings on this issue, see Can the Police Swipe or Scan Your Credit Card?

Check Out the Writing-Award Winners From the 2016 National Association of Real Estate Editors’ Conference!

The Annual National Association of Real Estate Editors (NAREE) Conference just concluded in New Orleans, bringing together real estate writers, journalists, and industry experts from around the United States.

As always, the announcements of NAREE’s 2015 journalism and book award winners were event highlights.

Here’s a sampler of the writings that caught the judges’ eyes:

  • Josh Salman, of the Sarasota Herald Tribune, discussed flaws in administration and oversight of the EB-5 investor visa program, which many non-citizens use as a way to get a U.S. green card, in many cases by buying into sometimes dubious real estate investments.
  • Ken Harney, Washington Post Writers Group, revealed “Why an agent might refuse to show a house (the low commission).”
  • Jonathan O’Connell of The Washington Post examined the idyllic plans to upgrade Washington for the 2024 Olympics, and explained why, even without having won, the effort could still transform the city.
  • Emilie Rusch, Denver Post, looked into how legalization of marijuana has gobbled up empty commercial real estate in Denver, Colorado.

sell1_1_1And Nolo picked up an award as well: The book “Selling Your House: Nolo’s Essential Guide,” by Ilona Bray won gold in the annual Robert Bruss competition, which recognizes excellence in books covering the field of real estate.

NAREE’s judges commented that the book is a “clear, thorough handbook on selling a house” and noted that the helpful tips serve as “good preparation for those who may not have been in the market for a while.”