The very nature of a blog makes you, the blogger, vulnerable to legal liabilities from a host of issues including copyright infringement, charges of obscenity and defamation, and fair housing violations.
As states busily try to stamp out such foreclosure “rescue” schemes, they’re enacting laws that sometimes snare legitimate investors. So if you’re buying foreclosure properties, or working with an investor client who is, you’ll need to exercise a little caution or you may end up on the wrong side of the law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.