Real Estate Agents

News & Analysis as of

Does the Independent Contractor Statute Apply to Real Estate Salespersons?

A few months ago we wrote about a case awaiting decision by the Massachusetts Supreme Judicial Court (“SJC”) entitled Monell, et al. v. Boston Pads LLC, et al., SJC-11661, a case then on appeal from a decision of the Suffolk...more

Massachusetts High Court Rules Real Estate Agents Not Subject to State’s Stringent Independent Contractor Law

On June 3, the Massachusetts Supreme Judicial Court held that the Commonwealth’s independent contractor law does not apply to real estate salespersons licensed under, and affiliated with and working for, a licensed brokerage...more

Massachusetts High Court Holds that Restrictive Independent Contractor Statute Does Not Apply to Real Estate Salespersons in that...

In a long-awaited decision, the Supreme Judicial Court of Massachusetts ruled yesterday that the state independent contractor (IC) law, widely regarded as the most restrictive IC law in the nation, does not apply to licensed...more

Important Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective...

Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including an initial disclosure form regarding the nature of...more

Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing  [Video]

As of January 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and/or landlord, including any dual agency relationship, in residential real property...more

Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing

As of January 1, 2015, the duty of a real estate agent to disclose in writing his or her representation of a buyer, seller, tenant and/or landlord, including any dual agency relationship, in residential real property...more

Disclosing a Murder Under PA Disclosure Law Not Required Says the PA Supreme Court

In the last couple editions of our Real Estate Law Update (March 2013 and June 2012), we had been reporting on the case of Milliken v. Jacono, which contemplated whether a murder/suicide at a home was a “material defect”...more

Social Media Concerns Potentially Affecting Arizona’s Real Estate Industry

A growing number of governmental authorities are cracking down on the use of social media with regard to commercial transactions. In Arizona, for example, legislation was proposed restricting an employer’s right to access...more

C.D. Cal. Dismisses False Claims Act Qui Tam Suit Against Group of Lenders

On July 15, the U.S. District Court for the Central District of California dismissed a relator real estate agent’s suit against a group of lenders the relator alleged submitted claims for FHA insurance benefits to HUD based...more

Court Awards Sanctions Against Buyer and Attorney for Meritless Claims Against Sellers’ Agent

Plaintiff Joanne Peake purchased a home from the Underwoods, who were represented by a real estate agent, John Ferrell. Two years after close of escrow, she discovered that subfloors had been damaged and not repaired by the...more

I Speak for the Real Estate Appraiser

My children loved The Lorax by Dr. Seuss, an environmentally friendly book in which a creature called the Lorax spoke “for the trees.” While real estate appraisers are not subject to the environmental difficulties that our...more

Real Estate – Multiple Agents From One Brokerage and Their Fiduciary Obligations

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Company, et al - Court of Appeal, Fourth District (April 9, 2014) - In real estate transactions, it is not uncommon for one agent to represent both the...more

Court Rules Commercial Real Estate Broker Can’t Collect Commission Because Of Involvement Of Unlicensed Salesperson

Last month, the U.S. District Court for the Eastern District of Virginia held that a state-licensed real estate company was unable to collect its commission on a real estate lease transaction because a key employee involved...more

Utah Amends Mortgage Licensing Act

On April 1, Utah enacted SB 332, which amends the Utah Residential Mortgage Practices and Licensing Act, the Real Estate Licensing and Practices Act, and the Real Estate Appraiser Licensing and Certification Act to establish...more

Increased supervision of BVI Real Estate Agents by the FIA

The BVI Financial Investigation Agency (FIA) is presently reviewing the compliance arrangements of real estate agents throughout the jurisdiction to ensure they meet the requirements of the British Virgin Islands’ (BVI)...more

Selling Your Private Business

In a recent article in the Globe and Mail, “Why You Shouldn’t Hire a Real Estate Agent to Sell Your Business”, Chris Griffiths discusses why selling an operating company can be complex and beyond the expertise of a real...more

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