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May 25, 2013
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Law & Ethics: Law Articles

  • RESPA Worries
    Sat, 12/01/2007

    Real estate practitioners see minimum service issues and stepped-up RESPA enforcement becoming more problematic for the industry in the next two years. At least that’s the opinion of practitioners surveyed for the 2007 Legal Scan: Legal Issues Facing Real Estate Professionals.

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  • Personal Sales: I Am My Own Client
    Sat, 09/01/2007

    As a licensed real estate professional, your risks are greater than those faced by an ordinary seller or buyer. Before you sell your own property or buy your own listing, consider these questions.

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  • Earnest Money: Risky Refunds
    Wed, 08/01/2007

    When disputes arise over the disbursement of earnest money funds, you may find yourself caught in the middle, facing civil liability, forfeiture of compensation, or disciplinary action by the real estate commission. Fortunately, you can reduce the risk to your clients and to yourself with these tips.

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  • Auctions: Adversary to Ally
    Fri, 06/01/2007

    These days many forward-looking real estate sales associates are exploring online and offline auctions as ways to sell slow-moving listings. But as with any new business venture, be sure you understand your legal positions before you get involved.

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  • Capital Gains: Big Boom, Big Tax
    Tue, 05/01/2007

    The favorable treatment of capital gains can be a good reason to invest in real estate. It can also be a motivation to sell and move on before the gain exceeds the allowable deduction.

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  • Avoid Dual Agency Pitfalls
    Sun, 04/01/2007

    Dual agency creates relationships with clients and customers that aren’t clear-cut. Be sure to take these steps to ensure that both clients are treated fairly.

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  • E&O: Who’ll defend you?
    Thu, 02/01/2007

    Say you’re sued and the type of claim involved isn’t covered under your errors & omissions insurance. Tough luck? Not necessarily. E&O carriers may have to help you defend against mold and other excluded claims.

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  • Intellectual Property: Copyright it!
    Wed, 11/01/2006

    Brokers have a duty to their clients and MLSs have a duty to their participants to actively protect and manage listing content. Failing to take appropriate action to safeguard this intellectual property could lead to liability and a loss of assets, particularly if such a failure is deemed to be negligence.

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  • Single-Asset Rule Two Edged in Bankruptcy Law
    Sun, 10/01/2006

    The Bankruptcy Abuse Prevention and Consumer Protection Act was intended to lessen abuses of bankruptcy statutes by some financially troubled debtors. However, one significant new provision puts added pressure on the owners of single-asset real estate who face credit problems and makes it more difficult for them to prevent the foreclosure of their real estate.

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  • Pest Protection: Termites
    Fri, 09/01/2006

    Any house that’s constructed of wood — either outside or inside — could potentially be infested with termites or other wood-destroying insects. Following a few key steps regarding inspections and disclosures can help ensure your clients are protected.

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