Legal FAQs

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

SCR310 Residential Contract can operate without a financing contingency if the buyer has cash or uses the due diligence addendum. SCR310 Section 7 Financing Contingency requires the buyer to make a good faith effort to get their purchase money loan but does allow the buyer to terminate up to closing if the lender does not… Continue Reading How to Work Without a Financing Contingency

https://www.llr.sc.gov/POL/REC/RECPDF/RECNewsletterOct2018.pdf Posted by : Byron King on 10/23/18 (This information is only accurate as of 10/23/18. You must contact SCR for updates and changes to this information after 10/23/18 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)