Buyer Sanctioned for Frivolous Lawsuit

Read the full decision: Peake v. Underwood

A California appellate court has affirmed the award of $60,000 in sanctions against a homebuyer for pursuing a meritless disclosure lawsuit against the seller and seller’s real estate representative. 

In 2009, Joanne Peake (“Buyer”) purchased a home from Marviel and Deanna Underwood (“Sellers”).  Two years later, Buyer sued Sellers and Sellers’ broker, Paul Ferrell (“Listing Broker”) for allegedly failing to… Read More

Liability of Dual Agent Upheld

Read the full decision: Hubbard Family Trust v. TNT Land Holdings, LLC

An Ohio court has considered whether a real estate professional acting as a dual agent properly informed her client about certain known conditions on the property.

Marie Hoover (“Hoover”) purchased a property with her then-husband on Lake White in Waverly, Ohio during 1994.  They made substantial improvements to the property, and Hoover eventually became the sole owner of the property following her divorce… Read More

Independent Contractor Status Frequently Asked Questions

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1. What is the difference between an independent contractor and an employee?

Employers have a significant degree of control over their employees, and are able to direct when, how, and where employees accomplish their tasks and responsibilities. Employers also often provide the necessary “tools of the trade” to their employees. In contrast, an independent contractor generally can determine when,… Read More

Canada's New Email Rules

Canada’s long-awaited commercial electronic message rules were released earlier this year and will take effect on July 1, 2014.  The Canadian Real Estate Association (“CREA”) has shared with NAR the guidance it has prepared for its members- click here to read.  AN-INSERT LINK http://www.realtor.org/law-and-ethics/guidance-on-canada-s-anti-spam-leg… The Canadian law requires that the sender must have obtained the recipient’s consent in one of the enumerated… Read More

Affiliated Businesses Land in RESPA Hot Water

Read the full decision: CFPB in the matter of JRHBW Realty, Inc., d/b/a RealtySouth (RealtySouth), and TitleSouth, LLC (TitleSouth)

The Consumer Financial Protection Bureau (“CFPB”) determined in a recent administrative proceeding that RealtySouth (“Broker”), a large Alabama real estate broker, failed to comply with the Real Estate Settlement Procedures Act (“RESPA”) through a number of referral activities, including improperly referring… Read More

Canada's New Email Rules

Canada’s long-awaited commercial electronic message rules were released earlier this year and will take effect on July 1, 2014. The Canadian Real Estate Association (“CREA”) has shared with NAR the guidance it has prepared for its members – click here to read. The Canadian law requires that the sender must have obtained the recipient’s consent in one of the enumerated ways before sending the commercial electronic message.

The purposes of this article is to briefly summarize the new rules… Read More

"Coming Soon” – Is it in the Seller’s Best Interest?

What does it mean to advertise a property as “coming soon”? The answer to that seemingly simple question varies among agents, brokers, MLSs, and state regulators nationwide. While the real estate industry has not agreed on a definition of “coming soon,” one thing is certain and consistent — a broker’s decision to market a seller’s property as “coming soon” must always be made based on the client’s informed determination of what best serves the client’s interests.

Some “coming soon” advertisements involve… Read More

"Coming Soon” – Is it in the Seller’s Best Interest?

What does it mean to advertise a property as “coming soon”? The answer to that seemingly simple question varies among agents, brokers, MLSs, and state regulators nationwide. While the real estate industry has not agreed on a definition of “coming soon,” one thing is certain and consistent — a broker’s decision to market a seller’s property as “coming soon” must always be made based on the client’s informed determination of what best serves the client’s interests.

Some “coming soon” advertisements involve… Read More