Friday, March 5th, 2010
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. »
Tags: covenants, land, restrictions, use
Posted in Legal Issues | 2 Comments »
Thursday, February 11th, 2010
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... »
Tags: hotline, Legal Issues
Posted in Legal Issues | 7 Comments »
Thursday, January 21st, 2010
If your transaction involves a homeowners’ association, you need to know what’s required by the Uniform Planned Community Act. »
Tags: certificate, community, Condo, HOA, resale
Posted in Legal Issues | 1 Comment »
Wednesday, December 30th, 2009
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. »
Tags: property, stigmatized, suicide
Posted in Legal Issues | 5 Comments »
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. »
Tags: footage, measurements, square
Posted in Legal Issues | 11 Comments »
Friday, November 13th, 2009
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. »
Tags: agency, dual
Posted in Legal Issues | 2 Comments »
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... »
Tags: hotline, Legal Issues
Posted in Legal Issues | 4 Comments »
Friday, September 11th, 2009
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. »
Tags: home, inspection
Posted in Legal Issues | 2 Comments »
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. »
Tags: law, megans, offender
Posted in Legal Issues | No Comments »
Monday, April 20th, 2009
Can a seller share with Buyer #2, a home inspection report prepared for Buyer #1? »
Tags: home, inspections, reports
Posted in Legal Issues | No Comments »