Attach SCR391 to SCR310 for AS IS checkbox on the last page of SCR391 above signatures. SCR310 defines AS IS: see page 3 of 8 Parties agree AS IS means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear and tear… Continue Reading AS IS
Safest to Disclose Business and Personal Relationships NAR ethics requires disclosure of personal relationships. What about business relationships? In this Pennsylvania case, the safe answer for risk management purposes is to disclose business relationships. https://www.nar.realtor/legal-case-summaries/breach-of-fiduciary-duty-claims-denied With the market doing well and inventory being tight, SCR hotline is hearing about investor flippers using equitable ownership interests… Continue Reading Disclose Personal Relationships and Safest to Disclose Business Relationships
SCR information posted online is subject to change over time due to changes over time in: state/federal/local case law SC General Assembly law changes LLR SC Real Estate Commission opinions/orders/guidance/warnings Federal law changes NAR Code of Ethics Changes Magistrate/judges alerts/warnings/issues/statements SC Bar/SC Supreme Court alerts/warnings/issues/statements So, always consider how old any legal post states in… Continue Reading Warning for Legal Info Online
https://screaltors.org/wp-content/uploads/2017/12/220draft-1.pdf Please send comments to byron This rough draft was posted in 2017 for members to comment upon for desired 2018-2019 update. Posted by : Byron King
Give the feds your input on rules such as RESPA and RESPA enforcement: https://www.nar.realtor/washington-report/cfpbs-latest-requests-for-information Posted by : Byron King
NAR offers mediation training in Chicago each fall. This is one of the best mediator training courses in the world. https://www.nar.realtor/events/mediator-mediation-training SCR plans to offer mediation training in SC this fall. All mediators should attend. Anyone interested in mediation should attend. iupdate Posted by: Byron King
REALTORS, AE's and Professional Standards Staff This is a must read webpage. Ensure you save this link and use it often. Great information on the REALTOR professional standards program: http://www.realtor.org/code-of-ethics/ethics-complaints-arbitration-requests-and-related-information?om_rid=AAAZah&om_mid=_BT4i3cB87oJU%243&om_ntype=INSWeekly Posted by : Byron King
SC Supreme Court Rules on Contracts, MOU's Memorandums of Understand (MOU) are not contracts says the SC Supreme Court. http://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27434.pdf MOU's are common in commercial real estate transactions. Posted by : Byron King
Form Lesson! There are two SCR standard forms that can be used to release a listing (SCR250) or buyer agency relationship (SCR255) prior to the expiration date of the listing agreement or buyer agency agreement. The client can agree to a protection period or payment in exchange for early release. While a client (principal) can… Continue Reading When Rep Agreements End
Man Gets 30 Months for Manufactured and Modular Home Loan Fraud http://www.charlotteobserver.com/2014/08/13/5104483/hickory-man-sentenced-to-30-years.html#emlnl=Top_Stories%3A_Business_Review Posted by : Byron King