Legal FAQs

Don't ask "Where are you from?" http://massrealestatelawblog.com/2014/01/26/asking-where-are-you-from-results-in-60000-discrimination-penalty/

Psychologically Affected Properties. For business reasons, brokerages may want to go beyond the state law below. Listing brokerages get seller to disclose upfront. Buyer brokerages recommend buyers hire private investigators to check out the property and surrounding area. All brokerages want happy clients and customers for referrals and repeat business. Some buyers will care. Some… Continue Reading Psychologically Affected Properties

E-Sigs, No Not E-Cigarettes, E-Signatures! Everyone is moving toward the 21st century goal of a paperless real estate transaction. So, all laws and SCR forms reflect that. SCR forms require everything in writing and delivered and notice of delivery. Because SCR forms have a non-reliance clause, SCR recommends that all electronic contractual negotiations be conducted… Continue Reading E-Signatures

Fair Housing Month, Fair Housing Quiz http://www.realtor.org/rmoquiz2.nsf/fairhousingquiz

NAR on Copyright, Listings: http://www.realtor.org:8119/topics/mls/managing-listing-content/how-to-manage-and-protect-listing-content

Emails, Texts, Faxes and SCR Forms Hotline has been receiving reports of REALTORS relying on words in emails, words in text messages, and words in fax messages to amend their SCR standard form contract. This reliance is high risk. SCR recommends that when negotiating the SCR contract agreement, that SCR forms are used. Example: Parties… Continue Reading Texts and Contracts

Fair Housing: Feds on Service Animals and Assistance Animals. http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf Bottomline: Make reasonable accommodations for disabled tenants (physical/mental issue that affects at least one major life function) and their service animals (dogs) and assistance animals (other animals providing services and emotional support) without charging extra money such as pet deposits.

A Court Upholds Standard Forms' Mediation Clause and Liability Limitation http://www.realtor.org/legal-case-summaries/allegations-over-model-form-rejected

South Carolina Supreme Court Upholds Liability Limitation http://www.judicial.state.sc.us/opinions/HTMLFiles/SC/27236.pdf

Tired of People Using Your Photos? This NAR video teaches you how to patrol the internet for your photos. http://www.realtor.org/videos/how-to-protect-your-property-listings-from-rental-scams Anytime someone uses your intellectual property (e.g. original ideas, listing descriptions, photographs, videos, reports, blog, podcast), they need your permission. Copyright notice is nice to have on your intellectual property, but not required to hold… Continue Reading Protect Your Photos