James L. Goldsmith, Esq.

James L. Goldsmith, Esq.

Jim Goldsmith, Esq. is an attorney with Caldwell & Kearns and serves as general counsel to PAR. A substantial portion of his practice is dedicated to providing advice and counsel to real estate licensees and representing and defending real estate salespersons and brokers in civil lawsuits and licensing claims across the Commonwealth. He routinely counsels employers on employee relations issues as one of the voices of the PAR Legal Hotline.
Posted by James L. Goldsmith, Esq.
What Conway decision means for Realtors®

What Conway decision means for Realtors®

Sep 11, 2014 | James L. Goldsmith, Esq.

The Pennsylvania Supreme Court again has addressed the issue of the implied warranty of habitability. It recently ruled that the warranty it established in 1972, does not apply to purchasers other than the original home buyers of new construction.

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Murder-suicide disclosure: implications of the court's decision

Murder-suicide disclosure: implications of the court’s decision

Jul 23, 2014 | James L. Goldsmith, Esq.

When listing a property, do you even ask if a stigmatizing event has occurred? In light of the Supreme Court’s decision, it is not essential that you inquire.

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Best of the Hotline: dual agency delivers

Best of the Hotline: dual agency delivers

Jun 26, 2014 | James L. Goldsmith, Esq.

When agents take on the mantle of dual agency, they further complicate their relationships because they have competing duties of loyalty to buyers and sellers.

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Business brokering carries greater risk of civil liability

Business brokering carries greater risk of civil liability

Jun 2, 2014 | James L. Goldsmith, Esq.

Many callers to the Hotline over the years have asked about the legality of taking a fee for brokering the sale of a business, separate from the fee earned for brokering the sale of the real estate.

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New Agreement tweaks 10-5-2 formula

New Agreement tweaks 10-5-2 formula

Apr 21, 2014 | James L. Goldsmith, Esq.

I am sure you are excited about the release of the new PAR standard residential Agreement. Regardless of your excitement, it will be in your hands soon, if not already. None of the changes are dramatic, but as with previous releases, it is an improvement.

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Best of the Hotline: Max LTV - an appraisal contingency?

Best of the Hotline: Max LTV – an appraisal contingency?

Mar 6, 2014 | James L. Goldsmith, Esq.

When it comes to filling out the mortgage contingency clause, few Realtors® are confused about identifying the interest rate, term, loan amount or points. That is far from the case when it comes to understanding what to use as the maximum LTV.

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Best of the Hotline: a sale and settlement contingency gone awry

Best of the Hotline: a sale and settlement contingency gone awry

Feb 19, 2014 | James L. Goldsmith, Esq.

A buyer wants out of her existing contract to purchase a different home. Can she terminate her contract? Does she get her deposit back?

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Best of the Hotline: Potability issues

Best of the Hotline: Potability issues

Jan 22, 2014 | James L. Goldsmith, Esq.

Do sellers have an obligation to share the suspicion they have regarding a potential problem to a water source?

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Best of the Hotline: New questions

Best of the Hotline: New questions

Jan 8, 2014 | James L. Goldsmith, Esq.

Here are a few good hotline questions for the start of the new year.

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