Standard of Practice 12-3 The offering of premiums, prizes, merchandise discounts or other inducements to list, sell, purchase, or lease is not, in itself, unethical even if receipt of the benefit is contingent on listing, selling, purchasing, or leasing through the REALTOR® making the offer. However, REALTORS® must exercise care and candor in any such… Continue Reading Inducements are Ethical if Handled Properly
https://www.nar.realtor/law-and-ethics/cybersecurity-checklist-best-practices-for-real-estate-professionals Cybercrime can be devastating to real estate professionals and their clients. The following checklist offers some best practices to help you curb the risk of cybercrime. Because data protection and cybersecurity laws differ across the country, NAR recommends that you work with an attorney licensed in your state to help you develop cybersecurity-related programs,… Continue Reading Cyber Security NAR Checklist
The license law has long stated this name requirement for decades, but LLR enforcement has been almost zero until recently. This is not a new law. LLR states the accurate name is necessary so when the public is harmed, the licensee can be identified for LLR prosecution. (3) A licensee may not conduct real estate… Continue Reading Use Your License Name in All of Your Real Estate Business
Any consumer that you have substantive contact with: always explain and get this form SCR115 executed: https://screaltors.org/wp-content/uploads/Forms/115.pdf https://www.llr.sc.gov/pol/rec/recpdf/SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf (29) "Substantive contact" means contact in which a discussion or dialogue between the consumer and the associated licensee moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the… Continue Reading Always Use the LLR Form (Real Estate Relationships, aka Agency Brochure)
Question #17 on SC's Residential Property Condition Disclosure Statement (aka the seller's disclosure) asks about EASEMENTS such as access easements, conservation easements, utility easements, other easements; and along with questions about party walls, shared private driveways, private roads, mineral rights, encroachments onto the property, and encroachments onto neighboring properties. https://www.llr.sc.gov/POL/REC/RECPDF/Property%20Condition%20Disclosure%20Statement.pdf Properties have easements, especially utility… Continue Reading Question #17 on Seller Disclosure, Always Yes
Unfortunately, a handful of buyers and buyers reps sometimes misbehave in listings. #1 issue, bathroom break then hunt for opioid pain killers. Some thoughts. Always tell buyers to assume surveillance and behave in listings. Never discuss confidential information when surveillance is possible. Cameras and microphones are so small now. Cameras are legally safer than microphones.… Continue Reading Behave in Listings, Surveillance (Cameras/Microphones), Secure Valuables, Secure Listings
Listing Reps who receive a written offer or counteroffer from a buyer or buyer offer should timely and properly present the offer to the seller. Buyer Reps should always put offers and counteroffers in writing. REO servicer/sellers often are dealing with thousands of REO properties across the USA and rely on technology such as offer… Continue Reading Listing Rep Receive and Offer/Countoffer, Present to Seller, Respond to Buyer
SCR310 Section 28 states that the most recent changes, amendments, attachments, contingencies, stipulations, addendum, additions, exhibits, or writings agreed to by the Parties is evidence of the Parties' intent and agreement and shall control any Contract language conflicts. Parties shall initial and date Contract changes. Parties can initial all SCR310 pages. Changes on the SCR310… Continue Reading Initial SCR310 Pages and Copy Full Sentence into the SCR506/SCR507
Call SCR hotline if you have an animal issue. The laws in South Carolina are not settled. Don't be the test case unless you want to be the test case. NAR "The Hub" has a White Paper on this issue. SCR has a video from SC Human Affairs Commission at the SC REALTORS Youtube channel.… Continue Reading NAR White Paper on Animals: Pets, Service, Comfort, Emotional Support, Comfort, Therapy
New technology to alter/enhance listing photograph images is becoming less expensive and easier to use, but the risks remain under license law and NAR ethics on advertising and lawsuits. To help build a potential defense to an accusation of deceptive or misleading images, here are some ideas for listing REALTORS®. 1. Display actual images "side… Continue Reading Potential Considerations for Advertising Using Enhanced/Altered Images