Legal FAQs

Interesting read on real estate licensee that rationalized and failed to have the courage to do the right thing and ended up imprisoned. https://magazine.realtor/daily-news/2018/11/06/ex-agent-reflects-on-mistakes-that-sent-her-to-prison?tp=i-H43-Bb-38c-5fPYb-1p-A5BZ-1c-5fapG-u1BrU&om_rid=83751373&Om_ntype=RMOdaily&om_mid=12066 Posted by : Byron King on 10/30/18 (This information is only accurate as of 10/30/18. You must contact SCR for updates and changes to this information after 10/30/18 as laws and… Continue Reading Carolina Real Estate Agent Talks about Crimes/Prison

Some things to consider when self-dealing. Self-dealing can occur when a licensee or the licensee's LLC or the licensee's partnership or the licensee's spouse enters into a transaction with the licensee's brokerage's client (e.g. listed seller client, buyer client in a buyer agency agreement). Self-dealing is a very high-risk strategy for REALTORS®. Avoid if possible.… Continue Reading Self Dealing – Means Disclose and Manage Risks

Drone imagery of roofs, common areas, sheds, etc. are common uses but drones can breach privacy such as imaging interiors of residences through windows. Copyright of video, movies, music, photos, etc. are commonly used but illegally using someone else's intellectual property can create a lawsuit (e.g. playing music at parties, showing movies outdoors, using stock… Continue Reading Top Three Ways HOA’s Get Sued

Get your 2.5 hours of ethics training completed no later than December 31, 2018. If classes qualify...several providers offer. You can do CE ethics classes. Several providers offer. You can do online ethics classes. NAR offers see below. You can do free online ethics classes. NAR offers see below. See this link: https://www.nar.realtor/about-nar/governing-documents/code-of-ethics/code-of-ethics-training Posted by… Continue Reading Ethics Deadline is December 31, 2018

https://www.nar.realtor/washington-report/opportunity-zones-proposed-rules-released On October 19, the Treasury Department released proposed rules for Qualified Opportunity Zones, a federal program created by the Tax Cuts and Jobs Act in 2017. The program incentivizes investment and development in distressed communities, designated as “Qualified Opportunity Zones” (QOZs) through tax benefits for investors. These benefits include deferral of federal capital gains… Continue Reading Opportunity Zones

SCR forms committee attempts to hold the number of forms to a minimum so there are some multi-purpose forms. SCR390 addendum is the most multi-purpose form. https://screaltors.org/wp-content/uploads/Forms/390.pdf Note that the title of SCR390 can be changed by checking the box for contract or lease or fill in the blank (e.g. buyer agency, listing agreement, land… Continue Reading Extending the Listing Agreement

Response to tenant or potential tenant (edit the pet policy as needed): The landlord of property ______________________________________ prohibits all pets in the property. You have requested the landlord modify or provide an exception to the pet prohibition for an assistance animal as a reasonable accommodation for your disability. Because your disability or the disability-related need… Continue Reading Tenant Requests Reasonable Accommodation for Assistance Animal

Owners and licensees are not required to disclose psychologically affected issues, psychological impact, psychological stigma (e.g. the suspected presence of ghosts, murders, death) affecting real estate so long as there is no material impact on the physical condition of the property being transferred. So if there is a skeleton or blood or body on the… Continue Reading Happy Halloween!

https://www.nar.realtor/legal-case-summaries/breach-of-fiduciary-duty-claims-denied Read the full decision - Busch v. Domb(link is external) Pennsylvania federal court rules that real estate brokerage did not owe fiduciary duties to seller when acting as a dual agent and so dismissed those claims against brokerage but allowed the other claims to continue. A homeowner (“Seller”) listed her home for sale with… Continue Reading Self Dealing, Or Near Self Dealing, Good Way to Get Sued

https://www.nar.realtor/legal-case-summaries/licensee-testimony-improperly-excluded Read the full decision: N. Carolina Dep't of Transportation v. Mission Battleground Park, DST. North Carolina’s highest court rules that the lower court erroneously relied upon the state statute for appraisals when it denied the admission of testimony from a real licensee about the value of land taken by the state for a road… Continue Reading Interesting NC case on VALUE (appraiser) v. PRICE (real estate broker)