Construction Consumer Protection Residential Real Estate

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Wells Fargo Ends Marketing Services Arrangements with Builders

Concerned about “increasing uncertainty surrounding regulatory oversight of these types of arrangements,” Wells Fargo is ending all of its roughly 200 mortgage marketing services and desk rental agreements with builders and...more

Coming Soon... New Closing (no, Consummation...) Rules!

What?! We can’t call it a closing anymore? Under new federal regulations regarding the Truth in Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”), the terminology for a “closing” or “settlement” is...more

Ohio Builders Beware: Stiff Penalties Remain

For several years, home builders and residential contractors in Ohio were subject to the Consumer Sales Practices Act – an arduous consumer protection law that imposes heavy penalties upon service “supplies” like builders,...more

Condominium unit ILSA sales exemption now effective

Effective March 25, 2015, the sale of condominium units are no longer subject to the registration requirements of the Interstate Land Sales Full Disclosure Act (ILSA) under a new exemption. This new exemption applies only to...more

Avoiding Liability Under the Home Solicitation Sales Act

By now most contractors are familiar with Ohio’s Home Solicitation Sales Act and have added language to their consumer contracts incorporating the standard 3 day notice of a consumer’s right to cancel. ...more

Condo Developers Getting Relief From Washington

In an uncharacteristic bipartisan style, the House of Representatives of the U.S. Congress passed H.R. 2600 on September 26, 2013, and almost a year later, on September 19, 2014, the Senate followed by enacting S.2101....more

New exemption under ILSA for condo units: relief for developers, key points to note

President Barack Obama has signed into law an amendment to the Interstate Land Sales Full Disclosure Act of 1968 (ILSA). The new law, signed by the President on September 30, expands registration exemptions under ILSA...more

Completed Condominium Units to be Exempted from ILSA Registration Requirements

A bill exempting completed residential condominium units from the burdensome registration provisions of the Interstate Land Sales Act (“ILSA”) was passed by the U.S. Senate on September 18, 2014, after earlier passage by the...more

Shafer Electric & Construction v. Mantia: PA Supreme Court holds that noncompliance with the Home Improvement Consumer Protection...

Pennsylvania’s Home Improvement Consumer Protection Act (“HICPA”), which went into effect in 2009, generally requires that home improvement contracts be in writing and contain thirteen specific items (including the...more

Caveat Venditor (Let the Seller Beware):Consumer Protection Laws Can Have Significant Implications

A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...more

Developers Beware: Consumer Protection Procedures Act Strikes Again in D.C.

A recent court decision emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in the District of Columbia, as well as in other jurisdictions with similar...more

Door Opening to Allow Common Negligence Claims Against Construction Professionals

For several years, design and construction professionals have been awaiting word from the Washington Supreme Court regarding whether aggrieved parties are limited to remedies set forth in their written contracts or whether...more

Bill Would Exempt Condominiums from Certain ILSFDA Requirements

On September 26, 2013, the U.S. House of Representatives passed H.R. 2600, which would exempt the sale and lease of condominium units from certain requirements of the Interstate Land Sales Full Disclosure Act (ILSFDA). The...more

LEGAL ALERT: Maryland Mold Remediation Services Act – Effective July 1, 2013

New Maryland law for contractors, effective July 1, 2013, requires that any person, company or firm that provides mold remediation services on residential property first obtain a special license prior to providing such...more

Consumer Fraud Act Counterclaim Against General Contractor Denied to Homeowner Who Used Architect as Intermediary to Manage...

In a recent unpublished opinion, Gemini Restoration Inc. v. Leone, et al., Docket No. A-6171-09T4 (August 3, 2012), New Jersey’s Appellate Division, among other things, affirmed a summary judgment order that dismissed a...more

Ejerskifteforsikring og tilstandsrapporter - nyeste domme/kendelser

Oversigt i summarisk form over den nyere praksis vedrørende tilstandsrapporter, bygningssagkyndiges ansvar og ejerskifteforsikringer....more

South Carolina Real Estate Litigation and Duty to Disclose Defects

South Carolina recently released the opinion below. It affirms that the balance of duties between buyer and seller remain in a real estate transaction. Olson & Good handles matters involving defective construction and real...more

Illinois Supreme Court Holds That Oral Contracts Not Necessarily Unenforceable, But Why Risk It?

On September 23, 2010, the Illinois Supreme Court held that, pursuant to Illinois' Home Repair and Remodeling Act ("Act"), oral contracts were not necessariliy unenforceable. As such, contractors owed money pursuant to oral...more

QUICK LEGAL GUIDE ON THE SPANISH LIABILITY OF REAL ESTATE AGENTS/ COMPANIES FOR HOME SALES TO CONSUMERS

Imagine a real estate agent/ company operating in Spain convinces a national or a foreign consumer to buy an apartment. After making the payment, the consumer finds out that something is terribly wrong with his home purchase....more

QUICK LEGAL GUIDE ON THE SPANISH LIABILITY OF REAL ESTATE AGENTS/ COMPANIES FOR HOME SALES TO CONSUMERS

Imagine a real estate agent/ company operating in Spain convinces a national or a foreign consumer to buy an apartment. After making the payment, the consumer finds out that something is terribly wrong with his home purchase....more

The IL Home Repair and Remodeling Act - An Important Law for Contractors and Homeowners

This article was published in the February 2010 issue of "Northern Lights," the newsletter of the Northern Illinois Home Builders Association. It provides a summary of the Illinois Home Repair and Remodeling Act, recent...more

California Real Estate Leases - A Real Estate Attorney and Broker Explains What Makes A Lease Enforceable

Real Estate leases have become more and more important as people are forced to walk away from their homes and lease a home or apartment until the economy turns around. Real Estate lawyer Sebastian Gibson examines what makes...more

The Catch-22 Impact of New Fannie Mae Condominium Lending Regulations

Recent Fannie Mae (FNMA) condominium lending regulations are beginning to live up to the hype as having an onerous impact on condominium sales and project development. The changes, made in January, were part of an effort by...more

Pennsylvania's New Home Improvement Consumer Protection Act: What it means to Contractors and Homeowners

On July 1, 2009, Pennsylvania's new Home Improvement Consumer Protection Act became effective, drastically changing the the rights of homeowners and the obligations of home improvement contractors. This article is a summary...more

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