Author Archive

Condo documents are seller’s responsibility

November 19, 2009
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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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When escrow accounts should be interest-bearing

September 28, 2009
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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
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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
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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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