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 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

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

https://www.nar.realtor/2004CEAM.nsf/4504b8ecc94d1ab3862569a6006cd47c/9d5ee25b40b0c2b68625688500577f42#Case%20%231-1%3A%20Fidelity%20to%20Client%20(Or Case #1-2: Honest Treatment of All Parties As the exclusive agent of Client A, REALTOR® B offered Client A’s house for sale, advertising it as being located near a bus stop. Prospect C, who explained that his daily schedule made it necessary for him to have a house near the bus stop, was shown… Continue Reading Ethics Case 1-2, You Decide if Unprofessional Unethical, Or No Violation

https://magazine.realtor/sales-and-marketing/feature/article/2019/08/what-to-tell-clients-about-that-leaky-basement?AdobeAnalytics=ed_rid%3D56072%26om_mid%3D1209%7CRealtorMagTips_2019_08_13_Agent%26om_nytpe%3DREALTOR%20MAG%20TIPS Posted by: Byron King on 08/13/19 (This information is only accurate as of 08/13/19. You must contact SCR for updates and changes to this information after 08/12/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

How to be a professional REALTOR® video from NAR with emphasis on professionalism in real estate practice. https://www.nar.realtor/videos/nar-2019-new-member-orientation-video Posted by: Byron King on 08/12/19 (This information is only accurate as of 08/12/19. You must contact SCR for updates and changes to this information after 08/12/19 as laws and regulations may change over time. SCR 803-772-5206… Continue Reading NAR New Member Orientation Video Be A Member Demonstrating Your Professionalism

https://www.usatoday.com/story/travel/airline-news/2019/08/12/united-airlines-passenger-hid-camera-first-class-bathroom-fbi-says/1984831001/?for-guid=290BBEE6-1AB8-4310-8F6B-9E361C6A2C85&utm_source=usatoday-Travel&utm_medium=email&utm_campaign=baseline&utm_term=hero Sellers should consult their own legal counsel about surveillance issues (e.g. potential crimes such as voyeur, sex offender registry crimes, eavesdropping, wiretapping, electronic interception/recording of conversations not a party). Disclosure of surveillance cures some potential problems and deters bad behavior in listings. Behave in listings according to the golden rule (e.g. how you would… Continue Reading Surveillance Cameras – High Risk to Place Cameras in Bathrooms (expectation of privacy)

NAR toolkit to orient new members into REALTOR® Professionalism. https://www.nar.realtor/sites/default/files/documents/NAR-Orientation-Kit-Brochure-02-14-2019.pdf Posted by: Byron King on 08/12/19 (This information is only accurate as of 08/12/19. You must contact SCR for updates and changes to this information after 08/12/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

https://www.nar.realtor/videos/video-a-pathway-to-professional-conduct 10 minutes on ways to boost your professionalism. Posted by: Byron King on 08/12/19 (This information is only accurate as of 08/12/19. You must contact SCR for updates and changes to this information after 08/12/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

When working with foreign language speaking consumers in real estate transactions, some ideas: Associate with a brokerage REALTOR® who is bilingual. Many REALTORS® advertise their language skills. Associate with a law firm attorney who is bilingual. Many attorneys advertise their language skills. Consumers will need a law firm for real estate transactions anyway. SC Bar… Continue Reading Foreign Language Clients/Customers/Consumers: Hire translators/bilingual lawyers/brokers