Real Estate Professionals

News & Analysis as of

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

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

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?

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

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

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

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...

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

Bankers, Real Estate Loans, and the Unauthorized Practice of Law: A Refresher

Back in 1968, the Kentucky Bar Association (“KBA”) released Unauthorized Practice of Law Opinion KBA U-6 (“U-6”), opining that bank officers and lending institutions could not draft loan documents such as mortgages, security...more

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

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

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?

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

Real Property 101 for Community Bankers in the Spilman Footprint

What is the difference between a Deed of Trust and a Mortgage? The terms “Deed of Trust” and “mortgage” are often used by people interchangeably. Both serve to give the lender a lien as collateral for a loan but, these...more

RECon 2015: a Decidedly Global Outlook

We are back from the ICSC’s RECon Global Retail conference, and needed the full long weekend to recover!  More than 34,000 real estate professionals attended the event (substantially exceeding last year’s attendance), and the...more

The Future Starts Now… Gearing Up For the ICSC RECon Global Retail Conference

The annual ICSC RECon Global Retail conference is just around the corner. This year’s conference takes place from May 17-20th at Las Vegas Convention Center. With over 34,000 attendees, RECon provides networking, deal making...more

Trademark Review: Nationstar, L.A.M.B., and Cinderella (November 2014)

Post Bose: The TTAB Cancels a Registration on the Ground of Fraud - Nationstar opposed an application for NATIONSTAR filed by an individual named Mujahid Ahmad. Nationstar claimed Mr. Ahmad committed fraud on the U.S....more

IRS Changes Course And Provides Safe Harbor For "Real Estate Professionals" In Net Investment Tax Final Regulations

Section 1411 of the Patient Protection and Affordable Care Act (the "ACA") levies a new 3.8% tax on "net investment income" (the "NII Tax"). Among other things, the net investment income subject to the NII Tax includes...more

Legal Notebook - December 2013

In honour of the current Ashes cricket series (and given that, at the time of writing, there has just been a resounding victory by Australia in the First Test), we have elected to focus this edition of Legal Notebook on a...more

Suing a Licensed Real Estate Professional May Require You to Complete and Turn In Your Homework

A lawyer must have a good faith belief, after reasonable inquiry, that a lawsuit he files is grounded in fact and warranted by existing law. Ariz. R. Civ. P. 11. In other words, lawyers violate Arizona’s rules of civil...more

Sage Advice for Real Estate Investors

The Arizona real estate market is improving fast. There are signs of life from local homebuilders, raw land is actually selling in the southeast valley, and the market for finished lots is hot and becoming more competitive. ...more

Real Estate Professionals Navigating The New 3.8% Medicare Tax

With a new year comes a new beginning. While New Year’s Day is typically viewed as a chance to start fresh and make changes in our personal lives, for many people New Year’s Day in 2013 took a different tone. Instead of...more

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