Author Archive

Pennsylvania Superior Court weighs in on murder/suicide disclosure

January 19, 2012
By
Do not enter

For the first time, an appellate court in Pennsylvania has ruled that a murder/suicide may have to be disclosed on the seller disclosure form.
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Posted in Industry News, Legal Issues | 8 Comments »

Brokers, think you’re covered?

December 21, 2011
By
Insurance

Mistakes happen. So you buy errors and omissions (E&O) insurance to cap your exposure. Paying your deductible is far easier to swallow than the tens of thousands that you might otherwise pay for attorney and expert fees, and, heaven forbid, a judgment.
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Posted in Legal Issues | 3 Comments »

Asserting your broker lien

October 12, 2011
By
Jim Goldsmith, Esq.

To assert a commercial broker lien against a seller, the lien must be recorded before title transfers to the buyer. If asserted after the title transfers, the lien is only effective against the buyer who, if he/she has no legal obligation to pay the commission, may now have a claim of slander of title...
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Posted in Legal Issues | No Comments »

The answer is in the agreement of sale

September 28, 2011
By
E000392

In this example, the ASR was contingent on the outcome of a home inspection. The sellers had taken good care of their home, so they were shocked to receive a Reply to Inspections demanding multiple repairs.
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Posted in Legal Issues | 6 Comments »

Can Realtors® exclude an MLS participant from compensation?

August 18, 2011
By
exclude

Realtor® A is about to enter a property into the MLS. The sellers, however, have a slight problem with Realtor® B, who happens to be one of their neighbors. Realtor® B was the listing agent at the time the sellers purchased the property and they believe she misrepresented certain conditions. They were vindicated when...
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Posted in Industry News, Legal Issues | 7 Comments »

Forget the x?!& adjectives

August 4, 2011
By
E000392

Inspection reports, comparative market analyses, appraisals, studies, assessments, etc. are not good, bad nor indifferent. They are factual and need to be assessed carefully by the ultimate user, the buyer.
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Posted in Legal Issues | 4 Comments »

Best of the Hotline: Is signed seller agreement binding?

May 12, 2011
By
Best of the Hotline: Is signed seller agreement binding?

Because the buyer had not signed the amended agreement of sale, could the seller rescind his signed counteroffer and then sell to a second buyer?
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Posted in Association News, Legal Issues | 12 Comments »

Understanding our jobs at settlement

March 17, 2011
By
Understanding our jobs at settlement

A job well done, from your initial involvement to the last, is better than any marketing you can buy.
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Posted in Legal Issues | 2 Comments »

Criminal convictions and the practice of real estate

February 24, 2011
By
Criminal convictions and the practice of real estate

Each month, applicants for salesperson licenses line up awaiting an interview before the State Real Estate Commission’s Enforcement Committee. The subjects of these interviews are felony and misdemeanor convictions that occurred recently or many years ago. More times than not, the conviction will not block access to a license.
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Posted in Association News, Legal Issues | 1 Comment »

Tuesday, Feb. 7, 2012

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