Legal FAQs

https://www.nar.realtor/legal-case-summaries/agency-structure-violates-antitrust-law The Federal Trade Commission has determined that the State of Louisiana failed to actively supervise its real estate appraisal board which contained a super-majority of market participants prior to 2017 and the state’s remedial measures taken after the FTC filed its complaint were insufficient to demonstrate that the state would actively supervise the board… Continue Reading FTC Sues Louisiana Appraisers Board for Antitrust on AMC Regulations

https://www.nar.realtor/legal-case-summaries/debtors-can-t-collect-from-team-leader Read the full decision from the United States Bankrupty Court District of Idaho. Two real estate licensees (“Debtors”) joined a real estate team (“Team”) that was headed by a single individual (“Team Leader”). The Team was part of a real estate brokerage (“Firm”) and the Firm received all of the Team’s commissions. The contract… Continue Reading Teams, Get Contracts, Money Goes to BIC, BIC Pays Team Leader, BIC Pays Team Members

https://www.nar.realtor/legal-case-summaries/challenge-to-license-law-rejected Read the full decision: Ladd v. Real Estate Comm'n of Commonwealth(link is external) Pennsylvania court rules that state’s real estate licensing scheme is constitutional and so dismisses challenge brought by part-time property manager who claimed the licensing requirements were overly burdensome. An individual (“Challenger”) began renting two vacation cottages that she owned in 2013.… Continue Reading PA Citizen Sues that the REC is Illegal

https://www.nar.realtor/legal-case-summaries/licensee-liable-for-negligent-statement Read the full decision: Slauson Avenue, LLC v. Thomas Gilleran (link is external) California appellate court affirms verdict against real estate professional who the court ruled had misstated a property’s square footage. A real estate professional (“Licensee”) informed the managing partner (“MP”) of an LLC (“Buyer”) about a property consisting of two residential and… Continue Reading Miscalculation of Square Footage = Half Million Dollar Judgment Against Brokerage

https://www.nar.realtor/legal-case-summaries/franchisor-not-vicariously-liable Read the full decision: New Star Realty, Inc. v. Jungang PRI USA, LLC (link is external) Georgia appellate court reverses jury verdict that held the franchisor vicariously liable for actions of franchisee because there was no evidence to support the verdict against the franchisor. A residential and commercial real estate franchisor (“Franchisor”) based in… Continue Reading Be Careful Who You Deposit Large Earnest Money Deposits With, Agency and Vicarious Liability

A New York court denied a broker suing a seller for commission from a deal because the broker was working as an undisclosed dual agent. SCR310 page 8 is how REALTORS® can disclose their agency or non-agency position(s) in the transaction. SCR310 page 8 is how the clients and or customers in a transaction can… Continue Reading Another Reason to Fill Out Page 8 of SCR310, Get Paid

Want to learn what is happening in courts across the USA regarding real estate? Read NAR legal summaries here: https://www.nar.realtor/legal-case-summaries 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 regulations may change over… Continue Reading USA Real Estate Cases Summarized

If a buyer wants a roof inspection, recommend the buyer hire a roofing expert inspector and do not give the buyer a ladder to climb high to look at the roof because if the buyer falls and gets injured, the buyer's attorney might sue you. https://www.nar.realtor/legal-case-summaries/broker-not-liable-for-injuries-0 Broker Not Liable for Injuries October 24, 2018 Being… Continue Reading NAR Article on Buyer Injured at Illinois Property, Sues Listing Brokerage

SCR310 contract's Section 8 allows all sorts of inspections during the inspection period (e.g. home inspector, elevator inspector, pool inspector, hvac inspector, surveyor, engineer, contractor, roof expert, chimney sweep, electrician, plumber, well expert, septic expert, tree expert, soil expert, air quality inspector, asbestos expert, mold expert, radon expert, sprinkler expert, lawn expert, foundation expert, driveway… Continue Reading Access to Listed Property During Contract

Here is a 1999 NAR article and the case law that illustrates the high risk for an associated licensee or BIC to buy a brokerage listing...or for associated licensee or BIC to sell to a brokerage buyer client....or engage in leasing with similar parties. To proceed, you need lawyer drafted formal agreements for self-dealing that… Continue Reading Self Dealing, Darby v. Furman, High Risk for Brokerages