News & Analysis as of

Real Estate Agents

Avoid Legal Pitfalls Selling Minnesota Multifamily Properties

by Hellmuth & Johnson PLLC on

Whether you are new to selling rental proper­ty or deal exclusively in rental property, this article offers two examples of state and local laws that apply dif­ferently to sellers depending on the number of rental units at...more

The CFPB's Prospect RESPA Consent Orders: Eight Key Takeaways

by Foley & Lardner LLP on

The Consumer Financial Protection Bureau (CFBP) on January 31, 2017, issued consent orders settling enforcement claims that a major mortgage lender violated the Real Estate Settlement Procedures Act (RESPA) in connection with...more

A Condemnation Action is Looming — What are a Landlord’s Disclosure Obligations to Potential Lessees?

by Nossaman LLP on

Before an eminent domain action is filed, public infrastructure projects involve years of planning, environmental approvals, design, and property negotiations. During this time, property owners and real estate agents/brokers...more

Real Estate – Fiduciary Obligations of Multiple Agents from One Brokerage

by Low, Ball & Lynch on

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Co., et al. - Supreme Court of California (November 21, 2016) - In real estate transactions, it is not uncommon for one agent to represent both the buyer and...more

California Supreme Court Weighs In On “Associate Licensee” Duties In Dual Agencies

Dual agencies — where a broker represents both the buyer and seller in a real estate transaction — raise plenty of thorny questions regarding the duties owed. These questions can become even more difficult when “associate...more

Buyer beware

by Dentons on

An important judgment handed down by the High Court considered the liability of both solicitors and estate agents in circumstances where the seller of a property turned out to be an imposter. ...more

Should Professional Service Providers Assume Greater AML Vigilance Responsibilities?

by Foodman CPAs & Advisors on

Because they are known as “gatekeepers” in the financial industry, Professional Service Providers (PSPs), Bankers, Brokers, Realtors, Casino Managers, Trust Fund Managers, Money Managers, etc., carry a level of responsibility...more

CMA warns UK estate agents against colluding in online portal selection

by Bryan Cave on

On 21 April 2016, the Competition and Markets Authority (“CMA”) published an open letter to estate agents in the UK stressing the importance of making independent commercial decisions and warning them against unlawful...more

The Supreme Court - March 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in four cases on March 22, 2016: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146: Respondents, employees at a pork processing plant of petitioner Tyson Foods, filed a...more

Supreme Court Unanimously Holds that Omaha Tribe’s Reservation Not Diminished by 1882 Statute

by Dorsey & Whitney LLP on

On March 22, 2016, the Supreme Court issued a decision in Nebraska v. Parker. In this case, Nebraska challenged the Omaha Indian Tribe’s right to enforce a Department of Interior-approved liquor ordinance on parts of the...more

Sellers' Real Estate Agent Did Not Breach Duty to Disclose Existence of Mold to Buyers

by Hinshaw & Culbertson LLP on

Watterud v. Gilbraith, No. DA 15-0234 (Mont. Oct. 6, 2015) - Home sellers hired defendant real estate agent to sell their home and entered into an agreement with plaintiffs purchasers. The agreement included property...more

CFPB Issues RESPA and Marketing Services Agreements Compliance Bulletin

by Stinson Leonard Street on

On October 8, 2015, the Consumer Financial Protection Bureau (CFPB) issued a compliance bulletin concerning marketing services agreements (MSAs) under the Real Estate Settlement Procedures Act (RESPA). RESPA - RESPA...more

Does the Independent Contractor Statute Apply to Real Estate Salespersons?

by Partridge Snow & Hahn LLP on

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

by Littler on

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...

by Pepper Hamilton LLP on

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

by Allen Matkins on

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

by Allen Matkins on

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

by Barley Snyder on

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

by Snell & Wilmer on

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

I Speak for the Real Estate Appraiser

by Wilson Elser on

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

by Low, Ball & Lynch on

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

Selling Your Private Business

by Bennett Jones LLP on

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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