Verdict Against Brokerage Reinstated - 01/25/07 10:17 AM
A federal appellate court has considered whether the evidence supported a jury verdict against a brokerage for its role in negotiations for a commercial building. George Stinson and Ed Lewis (collectively, “Owners”) owned a building which contained a large nightclub called “The Connection of Nashville”. In 2003, George Alexander (“Salesperson”) of … (0 comments)
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MLS Wins Lawsuit Against Municipalities - 01/25/07 10:12 AM
A Wisconsin appellate court has considered whether the state’s open records law required three municipalities to present electronic data in the same electronic format they use to store their property data. WIREdata, Inc. ("WIRE"), a company owned by Multiple Listing Services, Inc. (a regional REALTOR owned multiple listing service in Wisconsin), … (0 comments)
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No joke - Jerry Seinfeld must pay commission! - 01/19/07 09:09 PM
NEW YORK - A New York judge has ruled against comedian Jerry Seinfeld in a dispute over a commission on a real estate transaction. Seinfeld was ordered to pay real estate broker Tamara Cohen $98,000 after allegedly trying to avoid giving her a sales commission by buying directly from the … (4 comments)
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Law Firm May Qualify as FDCPA “Debt Collector” - 01/18/07 10:10 AM
A New Jersey court has considered whether a law firm is required to comply with the requirements of the federal Fair Debt Collection Practices Act (“FDCPA”) when it collects unpaid rent on behalf of its clients from their tenants through litigation. Rochelle and Renita Hodges (“Tenants”) leased an apartment from Sasil … (0 comments)
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The Daffodil Principle: What are you doing with the rest of your life? - 01/17/07 08:43 AM
Do you take the time to look for or look at Daffodils? A true story from Linda Foltz. Several times my daughter had telephoned to say, "Mother, you must come to see the daffodils before they are over." I wanted to go, but it was a two-hour drive from Laguna to … (2 comments)
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Consumer group calls for major reforms to the Homebuilders Commission - 01/16/07 05:45 AM
Homeowners Against Deficient Dwellings (HADD), a consumer protection organization, released a report titled “Leveling the Texas Residential Construction Commission” detailing the changes needed to the TRCC to provide adequate protection to homebuyers with construction defects.
“The Texas Residential Construction Commission (TRCC pronounced trick) created in 2003 is a complete … (2 comments)
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Appraisers' Valuations Under Review - 01/11/07 02:31 PM
Recent news article by SHANNON BEHNKEN of The Tampa Tribune
Frank Gregoire, a St. Petersburg property appraiser, couldn't help but chuckle when an appraisal request came through his fax machine this month.
It was sent by a California loan originator, and the message was clear: "Please call if unable to attain … (19 comments)
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REALTOR Arbitration Process Upheld - 01/04/07 10:19 AM
A Georgia court has considered an individual’s challenge to an arbitration proceeding conducted by a REALTOR® association. Winfield Ezell of RE/MAX Premier Cascade (“Challenger”) filed a lawsuit seeking to overturn an arbitration proceeding conducted by the Atlanta Commercial Board of REALTORS®, Inc. (“Association”). The Challenger argued that the arbitration should … (1 comments)
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FTC Enforcing Prohibition on Recorded Sales Calls - 01/04/07 10:11 AM
In 2007, the Federal Trade Commission (“FTC”) will begin to enforce its rules against pre-recorded sales calls, unless the calls meet a narrow exception. The FTC’s rules prohibit these types of calls even if the caller has an “established business relationship” with the recipient, putting its rules in conflict with the … (2 comments)
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Parents' Resolutions for the New Year - 01/03/07 11:01 AM
In 2007, I resolve not to teach my children to have a happy, productive life, but rather to help them choose a happy, productive day. I resolve to help my children appreciate that there is no such thing as failure, only temporary results that they can use as feedback to determine … (1 comments)
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