Due to risks from LLR, any BIC should only disburse held good funds earnest money per these two recommendations: A disbursement agreement signed by all the buyers and all the sellers. Can self settle (split the money somehow) or use a mediator to assist with self settlement. A court order from a court of… Continue Reading How to deal with Earnest Money
The Legal Hotline is getting reports that buyer reps are not using DUE DILIGENCE correctly. This can increase the risks for the buyers rep to get sued, face ethics charges, and face license law violations. While there is no way to force a seller to respond to the repair request in DUE DILIGENCE (SCR311 due diligence addendum attached to… Continue Reading How to Use Due Diligence Correctly
LLR updated Residential Property Condition Disclosure Statement to account for license law defining "material adverse facts" which must be disclosed even if seller's refuse to disclose. Always best for listing brokerages to strongly persuade seller's to disclose on the seller disclosure. SCR listing agreements require seller disclosure. The new license law carves down the broad "material fact" which case law defined as basically… Continue Reading Notice about changes to the LLR updates the Seller Disclosure…SCR updates SCR230 (Seller Disclosure)
The SCR forms committee wanted to make it virtually impossible for parties and REALTORS® to put a deadline on a day that makes it hard to comply with contractual requirements. So, the SCR310 Business Day is defined in common terms...Monday, Tuesday, Wednesday, Thursday, and Friday. But, there are some common holidays that can fall on… Continue Reading Why is the SCR definition of Business Days unusual?
SCR391 - this addendum is a great addition to every contract! Use SCR391 to shift the burden to provide deed restrictions to the seller. Surveys are a great risk management tool and SCR391 covers survey issues and who orders/pays. Always use SCR391 for beachfront property to get the beachfront disclosures into the contract per state law. … Continue Reading Commonly Forgotten SCR Residential Addendum
Due to federal RESPA laws (max penalties: $10,000 fine and year in federal prison) and state real estate license law, it is risk to pay anything of value in exchange referrals for leads on buyers to property managers or other folks not licensed to receive referrals (e.g. relatives, friends, people asking for money). It is legal for a… Continue Reading WARNING: It is Risk to Pay Referral Fees to PMIC’s (or Unlicensed Folks)
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
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 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
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