Although not every jurisdiction has addressed the issue of whether a seller or seller’s agent has a duty to disclose a future public works project that may involve the use of condemnation or eminent domain, nearly every state that has…
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 the purchasers obtaining a mortgage loan. The new legislation came into existence…
A lengthy court battle came to an end when the Wisconsin Court of Appeals found in favor of two buyers in the case of Marchese v. Miller, et al. The buyers alleged that when purchasing a lot from a builder/seller,…
Confusion regarding the handling, holding, and distribution of earnest money by title companies, escrow agents, and real estate licenses has led to newly enacted legislation in the state of Washington. SHB 1730 provides clear guidelines of when and how a…
In the case of Bastarache v. Edgerton, a tri-level Connecticut Superior Court ruled on a pre-trail motion that the failure to attach a dual agency consent form to the written agreement for the purchase of a property did not invalidate…
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 all enter the home. The client and guest head off in different directions…
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 1027, two agents who were both affiliated with the same broker entered…
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 about whether her companion Labrador retriever is allowed in the unit, you…
