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Virginia Realtors: Zillow’s touring agreement may not be legal

Housing Wire

Earlier this week, Zillow launched a new “touring agreement,” a nonexclusive contract for buyers and agents to use for home tours. The trade organization also advised members to discuss business practices and any agreements and forms they are going to use with their broker to ensure that they are in compliance with state law.

Legal 233
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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 381
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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 427
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Opinion: Two legal issues relevant to FHFA’s review of FHLB system

Housing Wire

This article addresses two legal issues relevant to the review: FHFA’s statutory authority to reduce the number of Federal Home Loan Banks, and The application of the FHLBank statutory “super lien”. This provision may be challenged by the affected FHLBank under legal process. Alfred Pollard is a former Chief Counsel for the FHFA.

Legal 325
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Atlantic Trust Mortgage seeks dismissal of UWM’s ‘All In’ initiative suit

Housing Wire

“Plaintiff’s bald, conclusory allegation that the parties somehow ‘agreed’ to the 2022 unsigned amendment to the 2018 wholesale broker agreement as a complete and total replacement for the 2018 wholesale broker agreement in some unidentified manner is entirely implausible as a matter of law,” according to Atlantic Trust.

Mortgage 348
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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 399
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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 389