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Law & Ethics: Law Articles

  • Don’t get sued by Uncle Joe!
    Tue, 08/01/2006

    It’s natural to want to help your friends and relatives buy or sell a home. But just because you’re close doesn’t mean that you can take any shortcuts in the sales process. A transaction for a friend or relative requires the same care that you’d give any other deal.

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  • Appraisal: Oh no! It’s low!
    Thu, 06/01/2006

    It’s not surprising, considering their mind–set, that appraisers react negatively when it’s suggested an appraisal should be revised. However, there are ways to approach a low-appraisal situation that are both legal and likely to produce results.

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  • See Past the Myths of 1031 Exchanges
    Mon, 05/01/2006

    Internal Revenue Code section 1031 exchanges are increasingly being used by savvy residential investors to defer capital-gains taxes. Understanding these common misconceptions about the like-kind exchange will help keep you and your client out of trouble.

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  • Safer Structures
    Sat, 04/01/2006

    Whether you own a real estate brokerage, work for a broker as an independent contractor, or invest in or manage real estate for yourself or others, you need to protect yourself from lawsuits, unforeseen debts, unintended commingling of funds, and other potential financial disasters.

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  • Legal Scan
    Wed, 02/01/2006

    A report of the legal trends in a two-year period in the states tracked by the NATIONAL ASSOCIATION OF REALTORS® 2005 “Legal Scan.”

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  • Consumer Rebates
    Sun, 01/01/2006

    Your business plan is to offer gift cards for a home-improvement retailer or commission rebates. Yet, depending on the jurisdiction, you may be prohibited from or limited in the offers you can make to consumers, finds a new study.

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  • Procuring Cause: Who Gets Paid?
    Tue, 11/01/2005

    Procuring cause acknowledges that to earn a commission a broker or a salesperson doesn’t have to be present when the buyer and the seller ink the deal. Rather, brokers need only show that they initiated an unbroken chain of events that resulted in the deal between the buyer and the seller.

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  • Limited Service: Play Safe, Disclose
    Sat, 10/01/2005

    Debate over limited-service business models is passionate, so much so that the issue is a source of legislative activity in some states. The newness of the business model also means there’s little case law to guide transaction participants.

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  • The Law & You: Property Repairs
    Thu, 09/01/2005

    By properly documenting every step of the repair process, you’ll prevent transaction delays - and quite possibly protect yourself and your clients from legal trouble. To make certain you don’t have to deal with a dissatisfied buyer in court, follow these steps.

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  • Preserving Owners' Rights
    Thu, 09/01/2005

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