Legal FAQs

A warning about using Text Messaging

2017-07-10T16:09:54-05:00July 10th, 2017|Legal FAQs|

Based on hotline communications, licensees are often very informal and imprecise in their text messaging. Therefore, SCR and the SCR310 discourage the use of text messaging primarily by allowing electronic writing that must be timely and properly delivered and received to the Contract's agreed upon: Notice address [typically brokerage office - can use FEDEX/UPS/Courier or… Continue Reading A warning about using Text Messaging

Advertising Ethics – Standards of Practice

2017-05-10T14:57:46-05:00May 10th, 2017|Legal FAQs|

Make statements about yourself, not your competition.  The public will make their own comparisons.  This is also a defense against your competitors who watch your advertising close from filing REALTOR® ethics complaints and/or real estate license law complaints. Article 12 Realtors® shall be honest and truthful in their real estate communications and shall present a… Continue Reading Advertising Ethics – Standards of Practice

Federal Legal Holidays, Deadlines, and the Residential Sales Agreement

2017-04-04T11:09:41-05:00April 4th, 2017|Legal FAQs|

Federal Legal Holidays, Deadlines, and the Residential Sales Agreement The SCR standard residential sales agreements set various deadlines via a business day count. To stop arguments about when a document was physically or electronically delivered and received (9:59 am or 10 am or 10:01 am), SCR310 begins the counting of 24 hour periods on the… Continue Reading Federal Legal Holidays, Deadlines, and the Residential Sales Agreement

Things to be aware of when dealing with new construction

2017-03-07T11:30:46-05:00March 7th, 2017|Legal FAQs|

Ensure that you review with your broker-in-charge how different builders in your area typically have compensated and operated with your brokerage in the past. Ensure that you do your best to comply with the requirements of the particular builder. Ensure that you educate buyers that when the buyers sign an "exclusive right to buy" agreement… Continue Reading Things to be aware of when dealing with new construction

Lessons Learned – Case #16-5: Solicitation of Expired Exclusive Listing

2017-02-22T17:08:49-05:00February 22nd, 2017|Legal FAQs|

Lessons Learned - Case #16-5: Solicitation of Expired Exclusive Listing (Reaffirmed Case #21-11 May, 1988. Transferred to Article 16 November, 1994. Revised April, 1996.) A property was exclusively listed with Realtor® A who advertised it widely and invited cooperation from other Realtors®. The property was not sold during the term of Realtor® A’s listing, although… Continue Reading Lessons Learned – Case #16-5: Solicitation of Expired Exclusive Listing

Closing Delays & Hurricane Matthew – South Carolina REALTORS® Legal Update

2017-01-12T11:44:20-05:00October 14th, 2016|Legal FAQs|

Closing Delays & Hurricane Matthew - South Carolina REALTORS® Legal Update Q. Is Hurricane Matthew causing delays in real estate closings? As result of Hurricane Matthew, thirteen counties in South Carolina have been pronounced Presidentially-Declared Major Disaster Areas (PDMDA). The counties include: Beaufort, Berkeley, Charleston, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Horry, Jasper, Marion, and Williamsburg… Continue Reading Closing Delays & Hurricane Matthew – South Carolina REALTORS® Legal Update

Safety from Falls and other Showing Accidents

2017-01-12T11:45:53-05:00April 12th, 2016|Legal FAQs|

Sellers should carry appropriate insurance and should discuss any liability and insurance issues with their law firm and insurance broker. Brokers and independent contractors should discuss their own insurance and liability issues with their respective law firms and insurance companies.  By agreements (independent contractor agreement, policy manual, brokerage policies, other agreements, etc.), the brokerage might… Continue Reading Safety from Falls and other Showing Accidents

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