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Legal Issues
Social media policies provide risk management for brokers
National Association of REALTORS® (NAR) Associate Counsel Katie Raynolds said a social media policy provides a guideline for employees and agents so they know how the company expects them to represent themselves and the firm online. »
No Comments »Antitrust: Get up and walk out
An agreement among competitors to set fees is something the Federal Trade Commission (FTC) calls “price fixing.” Price fixing does not always involve a villain -- or even a clear agreement. »
No Comments »HUD charges Bucks County property managers with housing discrimination
Pennsylvania property owners and their Bucks County management company were charged with housing discrimination by the U.S. Department of Housing and Urban Development (HUD) this week. »
2 Comments »Use the Agreement of Sale, the whole Agreement of Sale
I’m currently defending a broker and her salesperson in a failure-to-disclose lawsuit. My client -- a buyers’ agent -- has been accused of failing to tell her clients that mold is not an unusual environmental condition and that they have a right to test for its presence. »
9 Comments »State outlines new regs for ‘appraiser trainees’
Appraiser assistants have until October 1 to complete 75 hours of education and apply to become an appraiser trainee if they want to continue working in the appraisal business, according to Dan Bradley, chair of the State Board of Certified Real Estate Appraisers. »
1 Comment »Megan’s Law Q&A: Duty to disclose?
Legal Hotline callers want to know whether licensees have a duty to determine the presence of Megan’s Law registrants and whether the answer changes depending on the status of the licensee as a buyer’s or seller’s agent. »
2 Comments »Home warranty referral fees restricted under new RESPA rule
Fees paid to brokers/REALTORS® for “marketing” home warranties to sellers or buyers are illegal kickbacks or referrals and are prohibited under the Real Estate Settlement Procedures Act (RESPA), according to an announcement last week from the U.S. Department of Housing and Urban Development (HUD). The ruling took effect immediately. »
7 Comments »It’s back: Does ‘required use’ inflate appraisals, lower standards?
One of the sticking points last year in HUD’s proposed changes to the Real Estate Settlement and Procedures Act (RESPA) was a proposed change to the prohibition against “required use” that would have limited or prevented a builder from offering incentives such as a finished basement or free upgrade to buyers who used the... »
2 Comments »Buyer default: Who gets the deposit?
A buyer’s broker recently called the Hotline and asked whether she was entitled to an equal split of the buyer’s deposit that was forfeited to the seller after the buyer breached. »
1 Comment »When Census workers come knocking…
PAR has received calls from members who’ve been asked by Census enumerators to verify who, if anyone, lives in their listings. »
6 Comments »
