Author Bios
Barbara Nichols of Nichols Real Estate & General Contracting is a broker, contractor, expert witness, and author of “The No Lawsuit Guide to Real Estate Transactions.” She can be reached at 310-273-6369 or at www.barbaranichols.net.
Even if you need to make room for the next client’s pile of paper, don’t give in to the temptation to toss or thin out old files. Doing so puts you at a huge legal disadvantage if a dispute arises.
Whether you represent the buyer or the seller, looking over the property and providing the findings in writing is a smart way to reduce your liability and protect yourself and your client. Make it your mantra to “ask, look, and recommend.” Otherwise, what you don’t see, and don’t disclose, may hurt you in court.
A company has the right to access an independent contractor’s e-mail if the data is stored on the company’s server, a federal appellate court has ruled.
Every occupation has a standard that’s determined by law or evolved by custom. Do you know what it means for you as a real estate professional?
Have you read the NAR Code of Ethics lately? Maybe you should, before it’s read to you in court. When a real estate licensee’s conduct is questioned, the Code of Ethics is one thing the courts use to determine the standard of care expected of real estate professionals—regardless of whether they belong to NAR.
