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Real Estate Risk Management
Stories From the Front Lines
Two local attorneys speak on the kinds of claims they have seen come across their desks.
Hot Off the Wire: Beware of Fake Wire Instruction Scams
There is a new brand of fraud being perpetrated on buyers and sellers, often using real estate agent email accounts.
Considerations for Handling Multiple Offers
An agent with multiple offers on a listing should take time to strategize with the seller about options for proceeding and review the pros and cons associated with each option.
Advising Clients In A Down Market
Advises agents and mortgage brokers on how to give solid and informed advice to their clients.
Alternative Dispute Resolutions (ADR)
Identifying multiple ways to settle disputes.
Home Warranty Plans: Protection for All
The benefits of home warranty plans as valuable protection against claims and litigation relating to defects.
Negotiating a Smooth Closing Experience
What real estate agents can do to make their clients' closing experiences as problem-free as possible.
Full Disclosure Needed With Short Sales
Practitioners handling short sales face substantial risks if sellers conceal their financial instability.
Beware—Before You Buy or Sell Your Own Property
Gives tips to brokers or agents to minimize their risk of exposure when conducting a real estate transaction for themselves.
Double Up At Your Peril
Explains the importance of disclosure in the case of dual agency.
Fulfilling your disclosure duties - in ambiguous situations, documentation is key.
Listing broker not liable for failure to disclose property defects when defects were patently obvious.
Staying Out of Trouble
Two attorneys talked with us about "the granddaddy of all issues that come up with real estate agents" - disclosure.
Fulfilling Your Disclosure Duties
In ambiguous situations, documentation is key to staying out of trouble.
Mold Is More Than Just A Builder's Problem
Discusses the possible resurgence of mold claims against real estate agents and brokers.
Disclosing Adjacent Hazards
Brokerage firm liable for actual and punitive damages for misrepresenting existence of toxic waste site adjacent to subdivision.
Duty to Disclose Off-Site Conditions
Real Estate brokers have duty to disclose off-site conditions that are material to the sale of property.
Fiduciary Duties of Real Estate Professionals
A brief overview of what they are and how not to breach them
Disclosing the Purchase of an Adjoining Tract of Land
Does a broker have a duty to tell a seller about the buyer's negotiations to purchase adjoining tract?
Expired Listing Agreements, Remaining Duties
Does an agency relationship continue, even after a listing agreement expires?
Inspecting the Issues Involving Inspectors
Inspectors can provide essential information when evaluating the purchase of a particular property.
Keeping Potential Buyers Informed
Does a broker breach fiduciary duty by not informing potential buyer of termination of another pending contract?
A Lawyer’s Perspective: Avoiding Legal Landmines in Vacant Land and Lot Sales
Today's real estate professional faces many challenges when representing buyers or sellers in vacant land and lot sales. One challenge is avoiding hidden legal “landmines” that can result in errors and omissions claims, lawsuits, and/or licensing complaints.
Think Twice Before Entering Into REO Listing Agreements
With the incredible rise of foreclosures and REO properties, lenders are looking for agents to handle bundled listings.
Broker held liable under state consumer fraud act for misrepresentations about a builder's competence.
Turning the Tables on Flipping Schemes
Many industry insiders believe appraisal fraud is escalating, but it's difficult to gauge fraudulent activity.
Understand the Regulations and Risks of Drones
Unmanned aerial systems (more commonly known as drones) soon may be an integral part of the real estate profession. In fact, in some situations they are being used now through test exemptions from the U.S.
The Fair Housing Act—Surprise, You’re Liable
Real estate agents around the country have been sued for advertising homes and condominiums as being in age-restricted communities, when in fact the particular community does not meet the Fair Housing Act exemption for housing for older persons.
Fifteen Steps To Stay Out of Court
These recommendations are best practices that real estate agents can integrate in their daily activities.
Understanding Starker Exchanges
It fills you in on IRS Section 1031 exchanges that offer win-win opportunities for agents and their clients.
Provides tips for mitigating risk during a merger.
An Agent's Checklist for a Successful Acreage Transaction
Agents involved in acreage transactions should know the areas of concern and be able to direct their clients (buying or selling) to the appropriate experts. Issues from land usage to environmental concerns are addressed in this article.
Invalid Power of Attorney
Seller's broker not liable for failure to discover and disclose to buyer that seller had invalid power of attorney.
The implications of Megan's Law for real estate practitioners.
Beware of the One-Two Punch Expected in the Fair Housing Law Arena
The combination of a recent unfavorable Supreme Court decision along with dramatically increased federal funding for fair housing enforcement could spell bad news.
Sales and Marketing
Using Photographs in Real Estate and MLS Listings:
What Every Agent Needs to Know Before Activating a Listing
Many people assume that if photos (or videos) appear on the internet anyone can use them for any purpose without permission.
Pitfalls for Real Estate Agents in the Electronic Age
The electronic age has changed the communication tools for real estate agents and brokers. Real estate professionals must display some proficiency with some form of electronic media, including email, texting, blogs, Facebook, Twitter, YouTube, LinkedIn, and many others.
Broker could be liable for buyer's injury during open house.
Don't Let Those Flyers Get Away From You
Examples of misrepresentation through the use of fliers and advertisements by Real Estate agents and suggestions on how to mitigate the risks.
Buying and Selling Vacation Homes - Case Study: The Outer Banks
Takes a look at the potential issues surrounding buying and selling a vacation home.
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