Karen March
Maryland Protects Against New Home Purchase Deposit Forfeitures
New legislation in Maryland has been introduced to provide further protections to purchasers of newly constructed homes from earnest money deposit forfeitures, when the transaction is contingent upon…
Pictures, Pain and Price – Secrets to Overcoming Seller Staging Objections
As a real estate professional, your goal is to sell your clients’ homes at top dollar. Unfortunately, there’s a good chance you have faced some uphill battles trying…
Real Estate Listings: Magic Words That Get a Home Sold
As a real estate professional it is your job to make a home stand out. That starts with the real estate listing. But do you know which words…
Analysis of Colorado Premises Liability Act and Negligence Framework
Like many brokers, your typical day at work involves showing homes to potential buyers. Imagine this scenario: Your client shows up at the appointed time and unexpectedly appears with a guest. You…
Are Agent Commission Agreements Enforceable?
Agreements between agents to share commissions may be enforceable even where the agents are affiliated with different brokers. In a new case, Sanowicz v. Bacal, (2015) 234 Cal.App.4th…
Bye-Bye HUD-1. Hello TRID
If we have learned one thing in the last seven years, it is that there will be a constant stream of new regulations affecting all of us in…
Guide to Selling Real Estate with Virtual Tours
You have homes that you’re excited to sell. It’s your job to transfer this excitement about the house to potential buyers. When considering this topic the old adage…
Contract Formation and Agency in the Digital Age
Most brokers and agents know that a contract for the sale of real estate generally must be in writing to be enforceable, and signed by the party against…
Avoid Violation of the Fair Housing Act By Staying Up-to-Date on Discrimination Issues
The call may seem very innocent. A person calls about the availability of an 800-square-foot apartment advertised by your company in the local newspaper. When the caller asks…
Defense of New Jersey Consumer Fraud Act Claims
The purpose of the Consumer Fraud Act (CFA) is to promote truth and fair dealing in the marketplace. The following provides an overview of CFA law in New…
MD Regulation Discourages Referrals by Real Estate Agents
By Harvey S. Jacobs If you live in Maryland and your real estate agent refuses to refer you to a mortgage lender, he isn’t being rude. Real estate…
The Law Regarding Service and Companion Animals
Health care practitioners for years have documented evidence that animals, particularly dogs can benefit impaired people. Examples are seeing-eye dogs, dogs for the hearing impaired and most recently,…
Changes to the Residential Purchase Agreement (RPA)
CAR has announced that the new RPA will be released in November of 2014. There are several substantive changes to the form. However, there are six (6) changes…
Allowable Referrals and Commission Splits in California Real Estate Transactions
In California, the Bureau of Real Estate and California law permits a licensed real estate brokerage to pay a referral fee for a real estate transaction to a…
Louisiana New Home Warranty Act & the LREC Property Disclosure Form
This post is in response to the Louisiana New Home Warranty Act, La. R.S. 9:3141 et seq., and the mandatory Louisiana Real Estate Commission (LREC) property disclosure form. Case:…
Abandoned Renter Property
In Colorado, professional property managers are required to have a real estate license. Colo. Rev. Stat. § 12-61-101(2)(a)&(b); see also CP 27 (Commission Position on the Performance of…
Property Management Companies and Security Deposits
In recent months, I have handled an increasing number of risk management inquiries for real estate agents and brokers who are property managers for property owners who rent…
Dual Broker/Associate Licensee Beware!
If being a real estate broker or salesperson acting in a dual agent capacity was not already risky enough, the California Court of Appeal just made it even…
Solar Power Systems — a Hot Topic!
Issue – Solar Power Systems are Fixtures When we think of fixtures that are included in the sale of a property, it is likely that some Brokers and…
Glossary of Insurance Terms
You'll find definitions of common real estate insurance terms by clicking on the topic below. Actual Cash Value (ACV) Actual Damages (also known as compensatory damages) Additional Insured…
How to Report a Claim
What to do in the Event of a Claim 1. DON'T PANIC! Many of the claims made against Brokers and Agents are frivolous and will go away with…
“Stress Less” Hotline: Legal Help for Real Estate Pros Included with CRES E&O
What makes CRES different from other Real Estate E&O providers? Other E&O providers ask you to contact them when you actually have a claim, while CRES wants to…
10 Things To Do and Not Do in a Real Estate Transaction
Here's our Checklist of the Top 10 Do's and Don'ts in a real estate transaction . . . 1. As the listing agent, DO have the seller sign…
Texas Disclosures
Guest blog written by B. Blake Cox B. Blake Cox | www.lawsnakard.com Mr. Cox graduated from Texas Tech University in 1982 with a Bachelor of Arts Degree; and graduated from…
Brownfield Redevelopment Offers Liability Protection and Grant Opportunities
Guest blog written by Robert G. Westfall www.barrettlaw.com The federal “Superfund” law, formally known as the Comprehensive Environmental Recovery, Compensation, and Liability Act (“CERCLA”), imposes harsh liability…
Multiple Offers
Everyone in real estate is welcoming the return of a hot housing market. My phone has been ringing regularly with questions that certainly indicate homes are selling quickly everywhere…
Murder Is Not a Material Defect in Pennsylvania Real Estate Transactions
Guest blog written by David A. Yavil, Esq | www.smsm.com David Yavil is a senior associate in Segal McCambridge's Philadelphia office. Mr. Yavil has extensive experience representing a…
Updated South Carolina Building and Fire Codes Include Carbon Monoxide Alarm Requirements Aimed at Protecting Against the “Silent Killer”
In the past several months, the tragic deaths of an elderly couple and a child in two separate incidents in the same North Carolina hotel room have garnered national…
Anticipating the “Flood” of Post-Sandy E&O Claims for Insurance Brokers
Guest blog written by John R Gonzo, ESQ. Mr. Gonzo is the Managing Partner of the Gonzo Law Group and specializes in professional lines defense. Superstorm Sandy devastated…
Home Inspections: Don’t Oversell One to Your Real Estate Clients
Recommending a home inspection company is a helpful and valuable service a real estate agent can perform, however, it can also lead to a real estate lawsuit. And…
Brokers May be Left Broke without Workers’ Compensation
Every single person autonomously employed in the state of California is required to be covered by workers’ compensation coverage by law. And as some real estate businesses and…
Are you afraid of Flopping? If not, you should be.
By James R. Myers, The Chartwell Law Offices, LLP, Ft Myers, FL Beware of Flopping As if our national real estate crisis has not been bad enough, a…
Chinese Dry Wall
Signs of Possible Chinese Drywall Presence Residence was built after 2004 Mild to strong sulphur or “rotten egg” smell in the residence Rapid corrosion and blackening of metal…
Avoiding Lender Fraud
The recent cooling of the residential real estate market in most areas of the state has created a new opportunity for those inclined to defraud their lenders. We…
