Author Archive

Discovering use restrictions after settlement: An unhappy ending

Friday, March 5th, 2010
Discovering use restrictions after settlement: An unhappy ending

Once upon a time there was a buyer looking for a country home with acreage where he could operate a small auto-body shop. His buyer agent identified properties that fit her client’s needs, carefully eliminating properties whose zoning was such that a body shop was not permitted. »

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Posted in Legal Issues | 2 Comments »

Legal Hotline do’s and don’ts

Thursday, February 11th, 2010
Legal Hotline do’s and don’ts

The PAR Legal Hotline is 20 years old. Thousands of calls later, we’re still in business. Some of you we know by voice: your calls make us laugh, cry, wince and sympathize. We have forged friendships over the Hotline and have come to learn and share in your trials and tribulations. We are... »

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Posted in Legal Issues | 7 Comments »

In condo resale, get it in writing

Thursday, January 21st, 2010
In condo resale, get it in writing

If your transaction involves a homeowners’ association, you need to know what’s required by the Uniform Planned Community Act. »

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Posted in Legal Issues | 1 Comment »

Suicide and other stigmatizing events: Is disclosure required?

Wednesday, December 30th, 2009
Suicide and other stigmatizing events: Is disclosure required?

Though the disclosure of a stigmatizing event may not be required in the absence of a clear inquiry, it is an appropriate subject to discuss with your seller before accepting the listing and embarking on a marketing strategy. »

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Posted in Legal Issues | 5 Comments »

Square footage: What buyer sees, buyer gets?

Friday, December 11th, 2009

There have been a number of calls to the Hotline recently that involve measurement problems. Suits are filed when the “actual” square footage fails to conform to the measurements published on the MLS. »

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Posted in Legal Issues | 11 Comments »

Dual agency fraught with difficulty

Friday, November 13th, 2009
Dual agency fraught with difficulty

If your practice permits dual agency but not designated agency, you may want to re-examine the reasons and determine whether your policy is in the best interest of your clients and your risk reduction practice. »

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Posted in Legal Issues | 2 Comments »

Best of the hotline: Marketing an equitable interest

Monday, October 12th, 2009

A buyer and seller have entered into an agreement of sale. Before settlement, the buyer seeks to “sell” his equitable interest in the property to any qualified buyer. This buyer-turned-seller approaches you and asks that you list the property for sale. He wants you to place the property’s availability in the multi-list, advertise and... »

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Posted in Legal Issues | 4 Comments »

Know when a property inspection requires a specialist

Friday, September 11th, 2009
Know when a property inspection requires a specialist

Home inspections should be conducted as early as possible in the home-buying process. Even if a buyer has 15 days to perform a property inspection, make sure that the inspection takes place within the first several days of the contingency period. When the report is issued carefully review it with your buyer. »

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Posted in Legal Issues | 2 Comments »

Megan’s Law: What has to be disclosed?

Monday, July 6th, 2009

Under Megan’s Law, there is a specific section that provides that real estate licensees have no obligation under that Law to report the presence of an adjudicated sexual predator. »

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Posted in Legal Issues | No Comments »

Home inspection reports – Pass ‘em on!

Monday, April 20th, 2009

Can a seller share with Buyer #2, a home inspection report prepared for Buyer #1? »

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Posted in Legal Issues | No Comments »

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