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Legal Issues
‘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
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
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
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
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?
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?
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 »Square footage: What buyer sees, buyer gets?
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. »
11 Comments »When the listing agent is stuck in the middle
A divorcing couple has listed their home for sale. Shortly after listing it, their agent finds a buyer and the couple signs an agreement of sale. Then, unbeknownst to the agent, the husband enters into a side agreement with the buyer. When the agent asks about the nature of this agreement, the husband refuses... »
No Comments »Orders being taken for new Agreement of Sale forms
The new PAR Standard Agreement for the Sale of Real Estate (ASR) is set for release in mid-to-late January. Print forms are now available for preorder and the electronic version will be available from the electronic form vendors around January 15. »
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