In recent months I have handled an increasing number of risk management inquiries for real estate agents and brokers on the issue of when does a real estate agent’s duties cease to the client. This question typically arises after closing…
Colorado has adopted a statute that excuses sellers of residential real estate and their brokers from having to disclose certain facts that may psychologically stigmatize real property. Unfortunately, Colorado does not have a clear rule as to what psychologically-stigmatizing circumstances…
Cyber crime targeting wire transfers is on the rise. Criminals have developed viruses that hack into email accounts of buyers, sellers, real estate agents and escrow companies. The malware records login information and then sits undetectable by commercial anti-virus software…
The purpose of a MLS listing of a parcel for sale Throughout California there are many local real estate associations that provide an electronic service used by real estate agents and brokers called the “multiple listing service” (MLS). This service…
The duty to disclose all that is material affecting price paid or desirability Over the years, I frequently come across risk management inquiries involving whether a seller and his or her listing agent need to disclose prior property inspection reports…
California Civil Code section 1088 Many real estate agents are not familiar with the provisions of California Civil Code section 1088. I am quite familiar with this provision having defended many real estate licenses over the years for placing inaccurate…
The 1990 “Americans with Disabilities Act” (hereinafter “ADA”) is a federal civil rights law designed to prevent discrimination based upon one’s disability. Disabilities covered, but not limited to those of hearing, mobility, and sight. Discrimination based upon one’s “disability” is…
The best way to prevent a claim or lawsuit against yourself as a licensed professional is to memorialize what was discussed in writing with your client starting with the log notes in your transaction file and then followed up with…
