Legal FAQs

Good risk management strategy to train your associated licensees, employees, staff, independent contractors, etc. to avoid/prevent harassment issues. Here is a NAR video on preventing/avoiding/disciplining harassment: https://www.nar.realtor/videos/hot-topics-in-employment-liability Posted by: Byron King on 11/02/20 (This information is only accurate as of 11/02/20. You must contact SCR for updates and changes to this information after 11/02/20 as… Continue Reading Risk Management: Harassment Video from NAR

Pursuant to FIRRMA, CFIUS is authorized to review certain transactions involving the purchase or the lease by, or a concession to, a foreign person of certain real estate in the United States, beginning on February 13, 2020. https://home.treasury.gov/policy-issues/international/the-committee-on-foreign-investment-in-the-united-states-cfius/cfius-real-estate-instructions-part-802 Posted by: Byron King on 10/30/20 (This information is only accurate as of 10/30/20. You must contact… Continue Reading CFIUS Real Estate Impacts

This issue arises occasionally on the hotline and some MLS systems allow home inspectors to engage in the MLS and hold an MLS lockbox e-key which solves practical access issues. Listing agents should warn sellers to secure their property for showings and inspections. Strangers will enter the property. Secure valuables, information, weapons, prescription drugs, alcohol,… Continue Reading Inspectors and Access for Inspections

The silver lining (if any) for COVID-19 is sometimes online meetings such as the below online NAR professional standards meetings and mediation meetings. In other years, you would have time and money expense to travel to the NAR conference to participate in these meetings. In 2020, these meetings are online. Monday, November 2, Professional Standards… Continue Reading NAR Online Professional Standards and Mediation Meetings

https://www.postandcourier.com/news/sc-renters-no-longer-need-to-pay-thousands-to-appeal-evictions-chief-justice-says/article_77a27cf4-0f2d-11eb-9422-73d75c9bc9b0.html https://www.postandcourier.com/news/to-appeal-an-eviction-in-sc-tenants-are-required-to-pay-thousands-of-dollars-first/article_7f8e2a42-cbd2-11ea-8d20-df3fb28181ad.html Upon specific and immediate direction of Chief Justice Beatty, all magistrates are to immediately cease ordering a tenant to post past due rent in a residential eviction in order to stay the eviction on appeal. Code §27-40-800 (b) of the South Carolina Residential Landlord Tenant Act requires that it is sufficient to stay… Continue Reading Eviction Appeal Process Update

REALTORS® in other states have seen some fair housing issues arise with the following: Sellers looking at the offering buyers' names and inferring from the name certain race, color, religion, sex, or national origin buyer characteristics and then illegally and unethically discriminating against these protected classes in real estate transactions. So some lawyers have strategized… Continue Reading Fair Housing (Names and Love Letters/Videos)

https://www.nar.realtor/fair-housing Per today's NAR legal seminar presentation by NAR attorney Kate Lawton, the NAR is considering expanding Article 10 Fair Housing applicability from real estate transactions into social media hate speech and reporting to LLR after reports of members using hate speech across the USA increased at NAR. Posted by: Byron King on 10/15/20 (This… Continue Reading NAR Fair Housing

Case #15-1: Knowing or Reckless False Statements About Competitors REALTOR® A operated a residential brokerage firm in a highly competitive market area. He frequently used information from the MLS as the basis for comparative ads and to keep close track of his listing and sales activity as well as his competition. One day, while reviewing… Continue Reading Ethics Case 15-1 Knowing/Reckless False Statements About A Real Estate Professional

Below are some in-person/virtual conversations that SC real estate licensees/members must have and memorialize/document ideally with consumer initials/date/sign/e-sign. REMINDER: You have unlimited Digital Ink e-sign capabilities as a SCR member via your SCR provided zipForms online account that you can easily set up (if have not yet) and your brokerage/team may provide you with a… Continue Reading Conversations that Buyer Side Members/Licensees Must Have/Document

https://www.journalofaccountancy.com/news/2020/oct/ppp-forgiveness-applications-not-due-oct-31-2020.html?utm_source=mnl:cpald&utm_medium=email&utm_campaign=14Oct2020 The U.S. Small Business Administration (SBA) released guidance Tuesday confirming that Paycheck Protection Program (PPP) loan forgiveness applications are not due on Oct. 31. Posted by: Byron King on 10/14/20 (This information is only accurate as of 10/14/20. You must contact SCR for updates and changes to this information after 10/14/20 as laws and… Continue Reading SBA on Deadline for PPP Forgiveness Forms