Author Archive

How to handle real estate transactions involving a power of attorney or an estate

January 12, 2012
By
Notary Document

When asked to list a property by an executor or other non-owner, your job is to obtain a copy of the correct documentation before taking any other action. You cannot operate on word alone.
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Posted in Industry News, Legal Issues | 2 Comments »

Mortgage Licensing Law updated in response to new HUD reg

November 1, 2011
By
older couple with house

PAR has been working with legislators and the Department of Banking to introduce legislation that would restore seller financing to its original intent.
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Posted in Government Affairs, Legal Issues | No Comments »

Minimize your risk in potential disclosure cases

June 9, 2011
By
Minimize your risk in potential disclosure cases

Under the Real Estate Seller Disclosure Law, the listing broker is required to provide the seller with the disclosure form and advise him of his responsibility to disclose all known material defects.
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Posted in Industry News, Legal Issues | 2 Comments »

Megan’s Law Q&A: Duty to disclose?

July 15, 2010
By
Megan’s Law Q&A: Duty to disclose?

Legal Hotline callers want to know whether licensees have a duty to determine the presence of Megan’s Law registrants and whether the answer changes depending on the status of the licensee as a buyer’s or seller’s agent.
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Posted in Legal Issues, Standard Forms | 2 Comments »

Home warranty referral fees restricted under new RESPA rule

July 1, 2010
By
Home warranty referral fees restricted under new RESPA rule

Fees paid to brokers/REALTORS® for “marketing” home warranties to sellers or buyers are illegal kickbacks or referrals and are prohibited under the Real Estate Settlement Procedures Act (RESPA), according to an announcement last week from the U.S. Department of Housing and Urban Development (HUD). The ruling took effect immediately.
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Posted in Industry News, Legal Issues | 7 Comments »

Condo documents are seller’s responsibility

November 19, 2009
By
Condo documents are seller’s responsibility

A recent Hotline caller asked whether her clients, who are selling their condominium, can give the buyers the home owners’ association documents in their possession (which did not include the Resale Certificate) instead of requesting the documents from the association.
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Posted in Legal Issues | 1 Comment »

When escrow accounts should be interest-bearing

September 28, 2009
By
When escrow accounts should be interest-bearing

Brokers of record have a wide range of responsibilities, some of the most serious of which involve escrowed money. Regardless of how it is described – hand money, good faith money, down money – it is money belonging to another. The Rules and Regulations interpreting the broker’s responsibility are fairly strict, fairly broad and...
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Transferring licenses and its effect on pending deals and listings

February 9, 2009
By

A recent Legal Hotline caller was concerned with what would happen to her pending listings and executed Agreements of Sale that had not yet settled when she transferred her license from Broker #1 to Broker #2. Can she take the listings with her to Broker #2? Is she entitled to a commission for those...
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Can two words change an entire Agreement of Sale?

January 12, 2009
By

The PAR Hotline fielded an interesting call last week regarding disclosures, inspections and the Agreement of Sale. The buyers’ agent received a counteroffer, signed by the sellers, that made one seemingly small change to the offer – the sellers added the words “As Is” in the Special Clauses paragraph of the Agreement of Sale.
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