Housing Wire

JULY 19, 2023

Over the past year or so, we have seen an uptick in questions relating to commission disputes between brokers and their clients. A typical commission dispute arises when, after signing a listing agreement or buyer-broker agreement: A seller-client “cancels” a valid purchase contract. A seller-client cancels a listing.

Real Estate 346

Real Estate Legal Brokerage Clients 346

Housing Wire

FEBRUARY 5, 2024

In a court document filed on Friday, HomeServices of America told the Supreme Court that each HomeServices of America client contract states that the “signatories can arbitrate any claim or dispute arising out of the contract.”

Contracts 408

Contracts Brokerage Law Real Estate Agent 408

Housing Wire

DECEMBER 6, 2023

Consider the residential client disappointed at the lack of inventory , or the commercial investor with many vacancies in a once-thriving property. Communicate effectively with clients Proactive communication — answering the question before it’s asked, or offering solutions to impending problems — is key. Legal disputes.

Real Estate 409

Real Estate Legal Tenants Clients 409

Housing Wire

MARCH 27, 2024

Rule 23(b)(3) requires that the court “find that ‘questions of law or fact common to class members predominate over any questions affecting only individual members,’ and that a class action is the ‘superior’ method of adjudication of the controversy. HomeServices of America still has a writ of certiorari out with the U.S.

Law 411

Law Sellers Realtors Contracts 411

Housing Wire

DECEMBER 8, 2023

Prospective Arizona real estate agents must fulfill a 90-hour prelicensing program from an Arizona Department of Real Estate (ADRE)-approved school and pass a six-hour contract writing course , for a total of 96 class hours. Course includes contracts used in real estate transactions with samples and practical contract completion exercises.

Real Estate 386

Real Estate Contracts Law Real Estate Agent 386

Housing Wire

MARCH 28, 2024

HomeServices still has a motion for a new trial and a motion for judgment as a matter of law before the court. In its filing, HomeServices asked for a review of an August 2023 ruling by the Eighth Circuit Court, which found that HomeServices could not enforce arbitration agreements signed by seller clients of its franchisees.

Real Estate Agent 402

Real Estate Agent Realtors Real Estate Sellers 402

Housing Wire

FEBRUARY 27, 2024

Due to how HomeServices and its affiliates handle their client contracts, if a dispute arises, each client is entitled to individual arbitration of their claims. 27, 2019, and the present — 118 different client agreements that are subject to arbitration fall under the laws of 35 different states.

Realty 411

Realty Real Estate Law Brokerage 411

Housing Wire

MARCH 29, 2024

The first change is that MLS PIN is agreeing to obtain certificates from their seller clients saying that they understand that MLS PIN does not require sellers to offer compensation to buyer brokers and that sellers are not required to compensate the buyer’s broker even when asked to by the buyer.

Sellers 431

Sellers Real Estate Buyers Contracts 431

Housing Wire

MARCH 19, 2024

Damages from an anti-trust verdict are trebled as a matter of law and the motion filed by the plaintiffs yesterday, while premature was expected,” Chris Kelly, an executive vice president at HomeServices, wrote in an email. HomeServices continues to aggressively pursue all options to resolve our involvement in the outstanding litigation.”

Sellers 386

Sellers Realtors Law Contracts 386

Housing Wire

FEBRUARY 4, 2022

United Wholesale Mortgage (UWM) is making good on its threat to take legal action against partnering broker shops that also send business to Rocket Mortgage and Fairway Independent Mortgage , a violation of the wholesaler’s controversial broker agreement. million for repeatedly violating the terms of the agreement.

Legal 370

Legal Contracts Business Mortgage 370

Housing Wire

OCTOBER 20, 2023

She said that prior to joining the lawsuit, she was unaware that clients could negotiate the commission and claimed that she would have “gone a different direction” if she had known. According to Ellis, a 6% commission has already been filled in on the contract prior to her signing. in commissions with buyer’s agent getting 2.7%.

Contracts 408

Contracts Agents Buyers Real Estate 408

Housing Wire

APRIL 5, 2024

The HomeServices filing also notes that the law requires the plaintiffs to “demonstrate a danger of hardship if its request is not granted,” which HomeServices says they failed to do. The appeals court said that this was because the contracts signed by the sellers were not directly signed by HomeServices.

Brokerage 412

Brokerage Sellers Law Contracts 412

McKissock

SEPTEMBER 20, 2021

Real estate agents are commonly sued for breaching their duty to act in the best interests of their client. To protect your clients’ interests, and reduce your own risk exposure, check out our highly-rated course, Know the Code: Your Guide to the Code of Ethics. Real estate risk management is an important concern for agents.

Real Estate 58

Real Estate Clients Real Estate Agent Realtors 58

McKissock

AUGUST 13, 2021

Why must an appraiser be given a copy of the sales contract? Secondly, the appraiser is likely familiar with the local real estate contract forms, customary terms, and conditions of real estate transactions in the area, and might be able to identify irregularities and comment on them. When should we analyze the contract?

Contracts 64

Contracts Appraisal Market Value Real Estate 64

GoForrmz

DECEMBER 6, 2022

Don’t risk it – select a digital form solution capable of collecting legally binding eSignatures Many form solutions provide basic signature collection, but they may not be E-SIGN Act-compliant – in this blog we’ll break down why this matters to you and your business. Always check local laws before continuing with an eSign solution.

Legal 78

Legal Law Business Contracts 78

Housing Wire

SEPTEMBER 7, 2023

Probably about 60 to 70% of our business comes from referrals from our previous clients,” Chris Gallo, a top producing LO in New Jersey, said. Attorneys, Realtors and clients are a big part of our repeat business.” Finding reliable lending partners takes time and some trial and error, but once established is often the lifeblood of LOs.

Buyers 397

Buyers Agents Loan Officers Real Estate 397

Housing Wire

APRIL 23, 2024

For example, Texas agents can choose from the Legal Update Bundle (just the mandatory courses) or the 18-hour Bundle (mandatory courses plus electives). You’re responsible for helping clients navigate one of the most important financial decisions of their lives. New York agents can quickly complete the NYREC-approved, 22.5-hour,

Real Estate 439

Real Estate Agents Best Value Design 439

Housing Wire

NOVEMBER 30, 2023

Considerations for attorneys in Ohio If you are an active, licensed attorney in the state of Ohio, you may be able to apply some of your law degree credits toward the Ohio prelicensing course requirements. Be honest and truthful Not be convicted of a disqualifying offense. It is not a compilation of courses that total 20 hours.

Real Estate 420

Real Estate Real Estate Agent Brokerage Agents 420

Raleigh Realty

MARCH 23, 2021

And while that may be enticing, there are many other costs and legal repercussions that are associated with selling a home that will be the full responsibility of the seller if a real estate agent is not involved. That is a $35,000 swing for my client who asked if he could give us a bonus.

Real Estate Agent 133

Real Estate Agent Real Estate Realtors Contracts 133

The Robert Weiler Company

MARCH 29, 2023

Also, you can sometimes obtain maintenance services at a discounted rate when the work is contracted through the property management company. Reduce legal concerns. Professional property manager companies ensure their staff is proficient in fair housing laws and other rental laws. Can you provide any references?

Property Management 78

Property Management Tenants Real Estate Investors 78

Housing Wire

NOVEMBER 16, 2023

As the Sitzer/Burnett case may well show, most listing agents are trained to steer their clients to offers that support this dynamic. Realtors are able to modify select provisions in the contract form as they negotiate on behalf of their clients. Talk about a conflict of interest.

Realtors 419

Realtors Contracts Real Estate Agents 419

Housing Wire

OCTOBER 22, 2023

1] 180 Classroom hours are required before you become licensed in Texas Texas real estate license: Requirements checklist According to the Texas Real Estate Commision (TREC), a sales agent is a person who is licensed by the Real Estate Commission to act as an agent on behalf of a real estate broker and their clients. Did you know?

Real Estate 403

Real Estate Real Estate Agent Agents Brokerage 403

Housing Wire

OCTOBER 9, 2023

1] As a real estate broker in Illinois, it is not legal for you to work independently. To qualify for an Illinois broker license as an attorney, you must be at least 18 years old and be admitted to practice law by the Illinois Supreme Court. After two years, you are free to pursue your managing broker license if you so choose.

Real Estate Agent 416

Real Estate Agent Real Estate Agents Brokerage 416

The Robert Weiler Company

OCTOBER 15, 2021

Another mistake – perhaps one of the more obvious (and, consequently, most detrimental) mistakes – is contracting the commercial property for sale in your personal name. Specialty lease provisions can include contracts, cancellations, and fixed rents. The 2017 Tax Cuts and Jobs Act, also known as Public Law No. in decades.

Investing 138

Investing Real Estate Tenants Investors 138

CA Realty Training

JULY 19, 2021

You have to build strong relationships with your clients to have a long, lucrative career in real estate. . When your clients like working with you, they will recommend your services to other people they know. So, now the question becomes, “how do you provide great customer service to your clients.” What does fiduciary mean?

Real Estate Agent 53

Real Estate Agent Real Estate Agents Clients 53

Appraisal Today

JUNE 23, 2023

Attorney Peter Christensen, general counsel at the Christensen Law Firm in Bozeman, Montana, notes that lawsuits against individual residential appraisers, or small residential AMCs, are fairly rare, and successful suits rarer still. The average contract interest rate for 30-year fixed-rate mortgages backed by the FHA increased to 6.74

Appraisal 89

Appraisal Real Estate Valuation Contracts 89

Will Springer Realtor

MARCH 1, 2022

When coaching a buyer/client, I like to give as many reasonable options as possible. In that case, buyers walk away from the home and typically walk away from their earnest money deposit (up to 5% of the offer price, based on Washington law). Get a home warranty when purchasing the home.

Inspection 36

Inspection Buyers Sellers Real Estate 36

The Robert Weiler Company

JANUARY 9, 2022

Learn the leasing laws in Ohio. Creating a commercial lease that meets all of Ohio’s legal requirements will prevent a headache down the road. From office space for lease and retail space, to warehouse leases and industrial commercial leases, we work with clients in every market.

Tenants 78

Tenants Landlords Real Estate Property Management 78

Appraisal Buzz

AUGUST 1, 2022

When trying to understand the meaning of words in this manner, there is a legal premise that applies specific to understanding the language called the plain meaning rule. Since USPAP is part of our regulations and laws that oversee our profession, it is the best place to start here as a professional. adjective.

Valuation 360

Valuation Contracts Appraisal Legal 360

Housing Wire

MARCH 14, 2022

As the principal broker for a RE/MAX franchise in coastal Cannon Beach, Oregon, Alaina Giguiere’s typical responsibilities include marketing homes for sellers, touring homes with buyers, generating new business leads, managing client relationships, and drafting and reviewing contracts with buyers and sellers.

Real Estate 410

Real Estate Insurance Law Real Estate Agent 410

GoForrmz

DECEMBER 5, 2022

The Electronic Signatures in Global and National Commerce Act, (E-Sign Act), was signed into law on June 30, 2000 , but it took until 2007 for the Federal Reserve Board to finalize and adopt the detailed rules and standards of legally binding, electronic signatures. Why Haven’t E-Sign Laws Been Updated? What Is The E-SIGN Act?

Business 78

Business Legal Law Contracts 78

Housing Wire

APRIL 9, 2024

Almost every state, county and municipality has its own, unique set of real estate customs, laws and regulations. It’s not the first thing one thinks about when signing a sales contract on a new home, but when it’s poorly handled, those disparate or undiscovered requirements can derail an otherwise smooth closing process.

HOA 415

HOA Real Estate Technology Investors 415

McKissock

DECEMBER 24, 2021

Commercial appraisal review assignments flow from different types of clients, each with their own intended use, required scope of work, and set of concerns for the reviewer to be aware. Government clients. In addition to reviewing an existing appraisal, these assignments sometimes entail performing a new appraisal for your client.

Clients 73

Clients Appraisal Government Law 73

Appraisal Today

APRIL 14, 2023

The good news for appraisers is that most of these clauses are simply restatements of common law indemnification principles, i.e. that when one party (in this case the AMC) is harmed by the actions of another (the appraiser), there is an implied obligation on the part of the wrongdoer to reimburse the harmed party. percent from 6.40

Appraisal 52

Appraisal Bracketing Contracts Valuation 52

Portland Appraisal Blog

APRIL 14, 2019

You’re a real estate agent and after a lot of back-and-forth, give-and-take, offers and counteroffers, you’ve helped your client negotiate a sweet price for their home. There has been a meeting of the minds, the contract has been signed and everyone is anticipating a smooth closing. Which is a legal no-no.).

Appraisal 78

Appraisal Reconsideration of Value Agents Market Value 78

Appraisal Today

SEPTEMBER 30, 2022

As you might expect, it didn’t take long for both John and Suzy’s parents to hire a law firm and start going after all the real estate professionals involved. Consequently, both the appraiser and home inspector ended up on the receiving end of a “wrongful death” legal claim. percent from 6.25 percent, with points increasing to 1.15

Appraisal 52

Appraisal Inspection Easement Contracts 52

CA Realty Training

JUNE 16, 2021

Meeting these requirements ensures that you can get hired at a real estate brokerage and service clients. You will have to incorporate your company to be an approved business to operate and help clients. One of the biggest duties of a property manager is handling rental contracts. Have a high school diploma or a GED.

Property Management 38

Property Management Tenants Real Estate Brokerage 38