Legal Issues

Settlement, but no keys or deed?

March 2, 2009
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Members are telling me that now more than ever before, settlements are being conducted by out-of-town title companies. There are also more banks and lending institutions selling residential real estate than ever before. This combination has led to some unusual settlements.
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What’s your privacy policy?

February 26, 2009
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Do you have a privacy policy for your Web site? You should. See why.
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Condos, HOA’s and the dreaded documents!

February 23, 2009
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As a real estate licensee, you know that you have to deliver certain documents to a buyer before settlement. When and how you deliver them, however, can be a source of confusion.
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Seller agent – dual agent? Agency hot potato!

February 16, 2009
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In a recent article, I offered my opinion that a listing agent can better avoid liability by avoiding dual agency. I heard from a number of you that disagree with my approach. I have heard these arguments, but continue to hold onto my original opinion.
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What’s a VOW? What’s a Webinar?

February 11, 2009
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You may have heard about this little antitrust lawsuit against NAR regarding its VOW policy. The case was officially settled in November, and the settlement required that all REALTOR-owned MLSs adopt the new VOW policy and rules no later than February 15.
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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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If it quacks like an ad

February 6, 2009
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While RELRA and the regulations of the State Real Estate Commission make no differentiation between electronic and non-electronic advertising, the Commission has adopted a somewhat more restrictive "Guideline" suggesting additional disclosures for online ads.
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Good faith money

February 2, 2009
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There has been a spate of calls to the Legal HotLine asking who can hold the “good faith” money, and what should be done if someone other than the listing broker is tasked with that responsibility. In answering, we consider both the law, and the contract.
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No smoking law impacts real estate offices

January 29, 2009
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It is important to remember that real estate offices must comply with the law or face penalties from the State Real Estate Commission, who is provided enforcement oversight and the ability to fine individuals for non-compliance.
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