Legal Issues

Discovering use restrictions after settlement: An unhappy ending

Friday, March 5, 2010
By James L. Goldsmith, Esq.
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. »

2 Comments »

Agreement of Sale expected to ship March 1

Thursday, February 25, 2010
By Kim Shindle
Agreement of Sale expected to ship March 1

Electronic vendors have started to post the e-forms and all vendors are expected to have the new form online by March 1. The previous ASR is still acceptable to use for transactions. »

6 Comments »

Legal Hotline do’s and don’ts

Thursday, February 11, 2010
By James L. Goldsmith, Esq.
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... »

7 Comments »

‘Blended fees’ do not violate RESPA

Thursday, February 4, 2010
By Brett Woodburn, Esq.
‘Blended fees’ do not violate RESPA

A debate has emerged among agents and brokers across the country about whether “blended fees” – a combination of the traditional percentage-based commission and a flat fee -- are legal and, if so, how they have to be disclosed to consumers. »

4 Comments »

In condo resale, get it in writing

Thursday, January 21, 2010
By James L. Goldsmith, Esq.
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. »

1 Comment »

Advertising rules: Part III

Friday, January 8, 2010
By Brett Woodburn, Esq.
Advertising rules: Part III

There are no published regulations in Pennsylvania to give guidance on what is acceptable -- and not acceptable -- in promoting your team. The Real Estate Commission has offered some guidelines that it believes comply with both the spirit and the word of the existing regulations. These guidelines are intended to,... »

1 Comment »

Advertising rules: Part II

Thursday, January 7, 2010
By Brett Woodburn, Esq.
Advertising rules: Part II

In Pennsylvania there are no specific regulatory guidelines about electronic or digital advertisements -- but the Real Estate Commission has suggested that e-mails, blogs, instant messages and bulletin boards constitute advertisements. »

15 Comments »

Advertising rules: Part I

Wednesday, January 6, 2010
By Brett Woodburn, Esq.
Advertising rules: Part I

Of all the calls to the Hotline, questions about advertising are probably second in frequency only to questions about handling escrowed funds. Now is probably as good a time as any to review what is -- and is not -- permitted when REALTORS® advertise. »

6 Comments »

Suicide and other stigmatizing events: Is disclosure required?

Wednesday, December 30, 2009
By James L. Goldsmith, Esq.
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. »

5 Comments »

Is listing agent obligated to disclose easement for bank-owned property?

Tuesday, December 22, 2009
By Brett Woodburn, Esq.
Is listing agent obligated to disclose easement for bank-owned property?

A listing agent listed a bank-owned property for sale. Since the bank had taken possession of the property by a deed in lieu of foreclosure, it wasn’t obligated to provide a sellers’ disclosure statement. After the property was listed but before any offers were received, a neighbor called the listing agent to disclose that... »

9 Comments »
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