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Kentucky passes bill to end ‘harmful’ listing contracts 

Housing Wire

Kentucky is on the brink of ending exclusive real estate listing contracts. The state’s General Assembly passed a bill to protect homebuyers from predatory contracts known as non-title recorded agreements for personal services (NTRAPS) or right-to-list agreements. Andy Beshear is expected to sign HB 88 into law in the coming weeks.

Contracts 414
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Commission lawsuit: HomeServices files motion for judgment as a matter of law

Housing Wire

Just prior to the plaintiffs resting their case late Monday afternoon, HomeServices of America , one of the three remaining defendants in the commission lawsuit , filed a motion for judgment as a matter of law. In addition, the contract stipulated that agents must join their local Realtor association.

Law 424
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FirstFunding sues Sprout for breaching of contract

Housing Wire

West, of the law firm Frost Brown Todd LLC , wrote that “Sprout and Strauss are no longer working cooperatively with FirstFunding to effectuate the prompt disposition of the Pledged Mortgage Loans and reduction of advances under the Funding Agreement to maximize value.”. However, FirstFunding’s attorney Benjamin A.

Contracts 382
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Fraud risk continues to rise even as the market contracts

Housing Wire

Two House Appropriations bills recently advanced by House negotiators have included language surrounding Business Email Compromise (BEC) in an effort to promote collaboration between federal and law enforcement agencies and private sector partners in monitoring and reporting for cyber-based crime events.

Contracts 364
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Supreme Court denies HomeServices’ petition in commission suit

Housing Wire

In a writ of certiorari filed in early February, HomeServices told the Supreme Court that each of its client contracts state that the “signatories can arbitrate any claim or dispute arising out of the contract.” There is no dispute that the plaintiffs agreed to contracts that include mandatory arbitration provisions.

Contracts 414
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Washington state could provide guidance for others on buyer broker agreements

Housing Wire

1, 2024 , Washington state’s agency law requires agents to have a written agreement with buyers (as well as sellers) to spell out the exact scope of the services provided by the agent, as well as the compensation the client has agreed to pay them in return. As of Jan. It is kind of like dating,” Sax said. “So,

Buyers 471
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Consumer advocacy group: Buyer agency agreements often contain “unfair” terms

Housing Wire

As brokerages across the country have begun implementing buyer agency contracts into their business practices in the wake of the Sitzer/Burnett commission lawsuit verdict, the Consumer Federation of America is warning consumers that they may be filled with “unfair provisions” that primarily protect agents and brokers.

Buyers 441