What are the Remedies for a Breach of Contract of SCR Standard Foms? Firstly, the SCR standard forms encourage disputants to settle their contract disputes instead of expensive/lengthy/uncertain of outcome litigation/appeals. The SCR standard forms require an attempt at voluntary mediation settlement prior to litigation proceeding. Parties can self settle or mediate a settlement. Lawyers… Continue Reading Remedies for Sellers and Buyers
How Do Judges Interpret Real Estate Contracts? In construing a contract, the primary objective is to ascertain and give effect to the intention of the parties. Contracts should be liberally construed so as to give them effect and carry out the intentions of the parties. The parties' intention, must in the first instance, be derived… Continue Reading Judges Interpreting Contracts
Treating Listings With Respect REALTORS should educate agents and potential buyers about treating listings with respect. REALTORS should educate agents and sellers about listing issues such as securing all valuables, weapons, drugs, identity information, alcohol, and items of sentimental value. When visiting a listing, ensure the property is left secured from easy burglary (windows and… Continue Reading Oh Behave!
HOA Collecting Dog DNA HOA snoop dog DNA to catch owners who do not scoop dog waste. http://www.news4jax.com/news/fight-over-dna-testing-dog-feces-continues/22924154 Posted by : Byron King
Carbon Monoxide Detector Alarms in SC Building Code Now Fossil fueled equipment can increase risk of occupant death from deadly carbon monoxide gas if not venting and operating properly. Some examples of fossil fueled equipment: HVAC, water heater, pool heater, vehicle/generator running in a garage, kitchen stove/oven. http://www.collinsandlacy.com/updated-south-carolina-building-and-fire-codes-include-carbon-monoxide-alarm-requirements-aimed-at-protecting-against-the-silent-killer/ Posted by : Byron King
Lawsuit Risk: Agency, Delayed MLS Entry Interesting editorial discussing lawsuit risks of agency and delayed MLS entry. http://realuoso.com/editorials/dangers-pre-mls-pocket-listings-listing-clubs-mls-listings/
NAR on Marketing Agreement Risks Tune in to the SCR webinar on market agreements on May 20th to learn how to legally have marketing agreements and avoid the federal Consumer Financial Protection Bureau from prosecuting and fining you under federal RESPA laws. Here is NAR article on risks of the new federal Consumer Financial Protection… Continue Reading Marketing Agreements
Ghosts and Meth Buyer agents should always recommend that buyers obtain every type of inspection available including environmental issues (e.g. contamination, hazmats, lead, meth production residue, mold, radon, pollution, groundwater). Buyers may then choose the inspections that fit their needs and wallets. Regarding clandestine methamphetamine laboratories (cooking meth, Breaking Bad), there are numerous issues to… Continue Reading Ghosts and Meth
Parties Check Sex Offender Registry, Not REALTORS SCR forms alert buyers and sellers about the sex offender registry and put the responsibility on the parties to check the sex offender registry if they want this information. NAR reports an Arizona court ruled that a dual agency brokerage was not liable for failing to disclose that… Continue Reading Sex Offender Registry
Let People Know They Under Surveillance: Videotaping/Recording Security and technology are good friends to owners and REALTORS. The South Carolina Association offices are protected by alarm systems and video cameras. Signs are posted the videotaping is occurring as a deterrent to crime. Buyer agents should educate buyers that sellers may have security systems on premises… Continue Reading Surveillance