Legal FAQs

https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $50,120, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements: Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain… Continue Reading Soliciting Leads Using Email, Comply with Federal CAN SPAM Email Soliciting Laws

10. Earnest money Tie #9 = Property managements & state law 8. MLS 7. Disclosure 6. Compensation 5. Due diligence 4. Ethics/Professionalism 3. Advertising 2. License law, Other 1. Forms Posted by: Byron King on 11/27/23 (This information is only accurate as of 11/27/23. You must contact SCR for updates and changes to this information… Continue Reading Top Ten Hotlines October 2023

https://telemarketing.donotcall.gov/ Before making that call to solicit a lead, verify the number is not on the federal do not call registry. Before making that call to solicit a lead, verify the number is not on your brokerage's do not call registry. If on either registry, do not call! If you call a number not on… Continue Reading Soliciting Leads on the Phone? Check Federal and Your Brokerage Do Not Call Lists Before Calling!

https://www.nar.realtor/videos/window-to-the-law/fiduciary-duties SC license law limits your duties from fiduciary duties. SECTION 40-57-350. Real estate brokerage firm duties to client; agency relationship; applicability of common law. (A) A real estate brokerage firm that provides services through an agency agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and… Continue Reading NAR and SC License Laws on Duties

https://www.nar.realtor/magazine/real-estate-news/law-and-ethics/nar-attorneys-buyer-representation-is-not-a-thing-of-the-past Posted by: Byron King on 11/27/23 (This information is only accurate as of 11/27/23. You must contact SCR for updates and changes to this information after 11/27/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal advice. This… Continue Reading NAR Lawsuits, Buyer Agency

https://www.nar.realtor/competition-in-real-estate https://www.nar.realtor/competition-in-real-estate/179-ways-agents-who-are-realtors-are-worth-every-penny https://cdn.nar.realtor/sites/default/files/documents/105-more-ways-2023-11-13.pdf Posted by: Byron King on 11/21/23 (This information is only accurate as of 11/21/23. You must contact SCR for updates and changes to this information after 11/21/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal… Continue Reading NAR Lawsuit Resources

https://www.nar.realtor/aei-year-round-virtual-sessions/ignite-your-2024-points-of-light Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org) This information is not legal advice. This… Continue Reading NAR on Financial Literacy

28151 - Ani Creation v. City of Myrtle Beach The Court finds Myrtle Beach's ordinance creating an overlay zoning district in the city's historic downtown area is constitutional. 28163 - Lucinda Ruh v. Metal Recycling Services, LLC On a certified question from the Fourth Circuit, we hold the principal in an independent contractor relationship may… Continue Reading SC SUP CT

28168 - Sanders v. Savannah Highway Automotive Company Petitioners Rick Hendrick Dodge Chrysler Jeep Ram and Isiah White argue an arbitrator, rather than the court, must decide whether they can enforce an arbitration provision in a contract even after assigning the contract to a third party. The circuit court and court of appeals concluded the… Continue Reading SC Sup Ct

28176 - Daufuskie v. SC Office of Regulatory Staff The Court affirms the Public Service Commission's refusal to grant a utility a "reparations surcharge" and holds a utility may only collect higher rates during an appeal if it follows the procedures set forth in section 58-5-240(D) of the South Carolina Code (2015). 28173 - The… Continue Reading SC Supreme Ct