Legal FAQs

NAR on Wholesaling, Flipping, Investing

2019-09-05T09:33:17-05:00September 5th, 2019|Legal FAQs|

https://www.nar.realtor/window-to-the-law Posted by: Byron King on 09/05/19 (This information is only accurate as of 09/05/19. You must contact SCR for updates and changes to this information after 09/05/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

Bonuses

2019-09-05T09:28:12-05:00September 5th, 2019|Legal FAQs|

Bonuses: Cash, Gift Cards, Trips, Boats, Weekends in Houses, other Goodies Be careful when bonuses to buyer reps are offered. If the seller is paying or providing the bonus, get the bonus out of the seller's hands so the seller cannot renege after you have advertised the bonus. Best practice, seller and brokerage and law… Continue Reading Bonuses

NAR on Worker Classification (Employee, Independent Contractor, License Law)

2019-09-05T09:25:05-05:00September 5th, 2019|Legal FAQs|

https://www.nar.realtor/window-to-the-law SCR provides a standard independent contractor. BIC must properly supervise independent contractors in accordance with laws and licensing laws and NAR code of ethics. #1 Hotline call about independent contractors: what happens to compensation and pendings and leads during the independent contractor retiring/changing brokerages. Consider adding language to your independent agreement to cover this… Continue Reading NAR on Worker Classification (Employee, Independent Contractor, License Law)

Recent NAR Info on Disabled Access to Websites (ADA)

2019-09-05T09:20:03-05:00September 5th, 2019|Legal FAQs|

https://www.nar.realtor/window-to-the-law Assume that courts apply ADA to websites. Conduct ADA due diligence on your website with experts. Keep informed on this developing ADA website issue. Posted by: Byron King on 09/05/19 (This information is only accurate as of 09/05/19. You must contact SCR for updates and changes to this information after 09/05/19 as laws and… Continue Reading Recent NAR Info on Disabled Access to Websites (ADA)

SC Landlord Tenant Act on Storm Damage

2019-09-03T12:47:38-05:00September 3rd, 2019|Legal FAQs|

SC Landlord Tenant Act on Storm Damage: SECTION 27-40-650. Fire or casualty damage. (a) If the dwelling unit or premises are damaged or destroyed by fire or casualty to the extent that normal use and occupancy of the dwelling unit is substantially impaired, the tenant may: (1) immediately vacate the premises and notify the landlord… Continue Reading SC Landlord Tenant Act on Storm Damage

Why Use the “Seller Disclosure” even for Land Deals (SCR230)?

2019-08-22T15:23:12-05:00August 22nd, 2019|Legal FAQs|

SCR recommends using the current LLR "seller disclosure" form because the current LLR form provides sellers and REALTORS® with very good liability shielding per state law. That state law was upheld by the SC Court of Appeals when challenged. So currently, lower courts must provide the liability shield. The current LLR form has 10 sections… Continue Reading Why Use the “Seller Disclosure” even for Land Deals (SCR230)?

Legal Hotline, Employment Law, Employees, Insurance

2019-08-22T08:36:24-05:00August 22nd, 2019|Legal FAQs|

Now includes access to a suite of employment risk-management resources and tools, including live online and telephone access to expert legal advice. Learn more about EPL Assist™ and how to access it here. Posted by: Byron King on 08/22/19 (This information is only accurate as of 08/22/19. You must contact SCR for updates and changes… Continue Reading Legal Hotline, Employment Law, Employees, Insurance

Prior to Contract or During Due Diligence: Ask about flood/disaster issues/claims.

2019-08-21T09:19:36-05:00August 21st, 2019|Legal FAQs|

There is no easy way to find out the past flood/disaster claims. 8/15/19 NAR rep Drew Meyers stated that FEMA privacy prevents release. NAR is working on solving that issue. There have been suggestions on adding FEMA type claims to the LLR state government seller disclosure. Here are some suggestions: Always use the seller disclosure.… Continue Reading Prior to Contract or During Due Diligence: Ask about flood/disaster issues/claims.

HOA’s – use LAWYERS! SCR311 SCR391 and Seller Disclosure

2019-08-21T09:09:14-05:00August 21st, 2019|Legal FAQs|

HOA's have pro's and con's. Pro's: some owners like the HOA protects the quality of life in the area with rules, management, costs, and human relations. Con's: some owners perceive the rules, management, costs, and human relations as burdensome, overbearing, incompetent, criminal, or undesirable. SCR recommendations: Alert all buyers to the existence of private owners… Continue Reading HOA’s – use LAWYERS! SCR311 SCR391 and Seller Disclosure

Professionalism Survey – please respond to Byron@screaltors.org

2019-08-14T11:22:32-05:00August 14th, 2019|Legal FAQs|

Have you seen unprofessional behavior by other REALTORS® or other real estate professionals? If you have witnessed unprofessional behavior, what did you see? How do you act in order to be perceived as professional? Are you qualified as a professionalism expert under the NAR commitment to excellence designation yet? https://www.nar.realtor/commitment-to-excellence Have you had professionalism training… Continue Reading Professionalism Survey – please respond to Byron@screaltors.org

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