News & Analysis as of

Real Estate Professionals

Are you including a mediation provision in your real estate contracts?

Businesspeople and their lawyers have long discussed whether to include an arbitration clause in their leases, construction contracts and other real estate agreements. The questions that guide that decision include: Who will...more

The North Carolina Uniform Power of Attorney Act: A Practical Introduction for Real Estate Practitioners

by Ward and Smith, P.A. on

Can we all agree that dealing with a power of attorney in North Carolina has long been, at best, a frustrating experience? Well, help is on the way! On July 20, 2017, Governor Cooper signed Senate Bill 569, "An Act to Adopt...more

Can a Real Estate Agent be Liable for Injuries at an Open House?

Woodland Hills personal injury attorney Barry P. Goldberg is consulted more often than you might think by potential clients injured on the property of a home they were thinking about buying. It is a relatively common...more

The Risk Management Module: How it can save valuers' money, reputations and careers

by DLA Piper on

In such a dynamic, emotive and challenging industry as the property market, and with ongoing pressure being put on valuers’ prices and time, it is vital all valuers undertake daily practises to mitigate their risk, not only...more

What Real Estate Settlement Service and Other Consumer Financial Services Providers Need to Know About the CFPB’s Final...

by Foley & Lardner LLP on

On July 10, 2017, in a surprise move, the Consumer Financial Protection Bureau (CFPB or Bureau) issued its long awaited final rule on arbitration (Final Arbitration Rule). This rule-making has been a lightning rod issue for...more

Court Puts the Brakes on Whistleblower's FCA Parking Claims

by Baker Ober Health Law on

The Department of Justice (DOJ) reports that, in fiscal year 2016 ending September 30, it obtained more than $4.7 billion in settlements and judgments from civil cases involving fraud and false claims. More than half of this...more

The Right to Seclusion of Personal Facts vs. Public Opinion

Unhappy with the valuation determination by Zillow’s Zestimates, a builder and related parties have initiated a class action suit against Zillow Inc. and Zillow Group, for class action complaint for (a) violation of the...more

FTC’s First Test of Supreme Court’s North Carolina Dental Precedent in New Case against Real Estate Appraisal Board

by Mintz Levin on

Even with a reduced lineup of only two commissioners — the Republican Acting Chair and one Democratic Commissioner — the Federal Trade Commission (the “FTC” or “Commission”) filed an administrative complaint this week against...more

Luxembourg Real Estate -Tax and Legal Developments

by Dentons on

This brief report provides a summary of the most recent Luxembourg legal developments that currently affect and will be affecting real estate practitioners throughout 2017....more

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

by Nossaman LLP on

Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

by Nossaman LLP on

Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

Will The Bureau Of Real Estate Get A Promotion?

by Allen Matkins on

Almost five years ago, I decried the demotion and relocation of the Department of Real Estate...more

Is Being a Real Estate Agent Sufficient to Show Material Participation under the Passive Activity Loss Rules?

by Miles & Stockbridge P.C. on

In the recently decided case of Gragg v. United States, 118 AFTR 2d 2016-5091 (9th Cir. 2016), the U.S. Court of Appeals for the Ninth Circuit held that a taxpayer’s activities as a real estate professional were insufficient...more

Santorii v. MartinezRusso

Arizona’s real estate statutes do not create an employer-employee relationship between brokers and agents, nor do they impose a non-delegable duty on the broker to supervise an agent’s driving. Real estate agent was ...more

USPAP to Remain the Sole Standard of Valuation Practice in California for Real Estate Appraisers

by Nossaman LLP on

Last summer, I wrote about the Appraisal Institute’s controversial effort to promote legislation in California (known as AB 624) that would enable licensed real estate appraisers performing appraisals for...more

Anti-Corruption Laws and Other International Risks – What it Means for the Real Estate Industry and How to Protect against Risks

by Ropes & Gray LLP on

Bribery, money laundering, and sanctions are key international risk areas for any global business, particularly those investing or operating in high-risk jurisdictions and industries. In addition to meaningful enforcement...more

Can Technology Preserve Government Rights of Entry?

by Nossaman LLP on

As we await the California Supreme Court’s decision in the Property Reserve case (see related posts here and here), many government agencies are faced with the question of what they will do if the justices deem the current...more

Buyer Beware – Know Before You Wire: FTC and NAR Warn Home Buyers on Closing Costs Wire Transfer Phishing Scams

In a recent blog post on the Federal Trade Commission (FTC) Consumer Information blog, the FTC warned home buyers of an e-mail and wire transfer phishing scam in which hackers pose as real estate professionals or title...more

Court Finds All of a Taxpayer’s Work for His Employer to be Personal Services in a Real Estate Business

by Miles & Stockbridge P.C. on

The U.S. District Court for the Western District of Arkansas recently held that all of a taxpayer’s work for his employer, a property management company, counted toward the taxpayer’s satisfaction of the material...more

Fourth Circuit Finds Disguised Sale of VA Land Conservation Tax Credits

by Miles & Stockbridge P.C. on

In Route 231, LLC v. Commissioner, 117 AFTR 2d 2016-XXXX (4th Cir. 2016), the U.S. Court of Appeals for the Fourth Circuit held that certain funds received by the taxpayer constituted income from the sale of Virginia land...more

MoFo New York Tax Insights - Volume 7, Issue 1, January 2016

by Morrison & Foerster LLP on

The Top 10 New York Tax Highlights of 2015 - This past year turned out to be another eventful one in New York taxation. We continue our tradition and present our list of the Top 10 New York tax highlights of...more

New Abu Dhabi Real Estate Law - Abu Dhabi Law No 3 of 2015 Concerning the Regulation of the Real Estate Sector in the Emirate of...

by King & Spalding on

The long-awaited real estate law aimed at regulating the real estate industry in the Emirate of Abu Dhabi has been released amid much enthusiasm with industry participants hoping it will give impetus to the real estate...more

Is the Mark used as a Trademark or a Trade Name?

by Field Law on

Apple Inc. sells Apple-branded computers. Is Apple a trademark or a trade name? And what’s the difference anyway? And perhaps most importantly, why should you even care? A trademark is a protectable brand that distinguishes...more

Meet Chris Christie’s Choice for Commissioner of Banking & Insurance for New Jersey

by Reed Smith on

As part of a restructuring in his administration, New Jersey Governor and GOP Presidential Candidate Chris Christie has nominated Richard J. Badolato, formerly a private practice insurance litigator in Roseland, NJ, as the...more

Money Laundering Crackdown in Real Estate Sector?

by Snell & Wilmer on

The Director of the Financial Crimes Enforcement Network (also known as FinCEN) recently gave a speech in San Francisco regarding the agency’s investigative priorities. Director Jennifer Shasky Calvery’s comments drew media...more

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