Fair housing lawsuits are one tool for addressing illegal discrimination in the real estate and mortgage credit industries. Fair housing lawsuits are one tool for addressing illegal discrimination in the real estate and mortgage credit industries, though the bar is high for determining liability. Cases alleging discrimination in lending practices were highlighted in NAR’s 2019 …
Tag: tips
Dec 08
Will the Force Be With You?
Force majeure is a contractual clause relieving one or both parties of obligations because of circumstances beyond their control. Force majeure (“strong force” in French) is a contractual clause relieving one or both parties of obligations because of circumstances beyond their control. It’s lately become a hot topic in real estate. The doctrine may be …
Dec 08
Hold On, That’s My Client!
Procuring cause issues can be confusing. Here’s how to avoid disputes. Key Takeaways: It sounds simple enough: To earn a commission, a broker or agent must be the procuring cause of the sale. But misunderstandings can arise about how that term applies in some transactions. Knowing the factors that establish procuring cause can help you …
Dec 07
Avoid Liability in ‘Sight Unseen’ Sales
Problems can arise if a home doesn’t meet a buyer’s expectations in real life. Key Takeaways: Buying a home “sight unseen” was not a phenomenon invented during the COVID-19 pandemic. It’s long been common for investors and military buyers who are relocating, among others, who sometimes must make purchases without visiting a property. With the …
Dec 06
Behind Monumental Changes
The Code of Ethics’ ban on discriminatory hate speech and conduct reinforces the association’s commitment to fair housing. At its November 13, 2020, meeting, the National Association of REALTORS® Board of Directors approved recommendations from the Professional Standards Committee that address discriminatory and other harmful speech and conduct. Most notably, a new Standard of Practice …
Dec 05
Welcome Clarity on RESPA
Tips for complying with rules on marketing service agreements. Key Takeaways: In a welcome move for the real estate industry, the Consumer Financial Protection Bureau has issued guidance for how settlement service providers may properly engage in marketing service agreements, rescinding its previous bulletin warning of the substantial legal and regulatory risks presented by MSAs, …
Dec 04
Having a hard time saving up for a downpayment on a home?
Having a hard time saving up for a downpayment on a home? The PHFA K-flex program can help give you the downpayment assistance you need to obtain a home. Century 21 All-Elite and lender Ken Jordan, NMLS 183317 of Princeton Mortgage can help you along the way with what makes the most sense for you. …
Nov 30
ADA Demand Letters: A Vexing Reality for Real Estate Pros
A federal appeals court recently declared that websites are not public accommodations, but these best practices will help you avoid becoming the target of a shakedown. Enacted more than 30 years ago, the Americans with Disabilities Act has become synonymous with accessibility. While the act’s accessibility requirements indisputably apply to physical spaces, its application in …
Nov 29
Avoid Legal and Ethical Pitfalls
Maintaining a solid reputation contributes to your business success. Here are key steps to help you stay on the right side of the law and the Code of Ethics. The measures agents and brokers need to take to avoid legal trouble can feel onerous at times, but dealing with a lawsuit can be much worse. …