Blog entries tagged with "real estate law":


real estate law: Disclose, Disclose, Disclose - 08/27/08 11:49 AM
Disclosures are extremely important in Real Estate. So as a Selling Agent in a deal where the Listing Agent fails to provide the required Disclosures one is placed in an awkward situtaion, which could have legal repercussions later on.
I'm representing a client in a REO transaction and the Agent represetning the bank … (6 comments)

real estate law: Important Capital Gains Income Tax Rules Changed For Sale of Residential Property - US Housing & Economic Recovery Act of 2008 - 08/25/08 05:27 PM
DID YOU SEE THE IMPORTANT NEW CHANGE FOR INCOME TAX LAW AND CALCULATING CAPITAL GAINS ON THE SALE OF A RESIDENTIAL PROPERTY?  THIS IS FOR A HOUSE THAT HAS ALSO BEEN USED PART OF THE TIME AS A RENTAL.
U.S. Housing and Economic Recovery Act of 2008.
NEW RULES will be targeted at the sophisticated … (4 comments)

real estate law: An experienced take on short sales - 08/23/08 05:15 PM
Because of the legality and complexity of contract law, it is my opinion that short sale proponents need to get a grip on reality.
By now, I feel that I can safely assume that almost every real estate agent in this country has had at least one personal experience with a … (8 comments)

real estate law: Troubled Homeowners - 08/14/08 10:28 PM
HOPE for Homeowners Act of 2008 was pasted with HR 3221 (Foreclosure Prevention Act of 2008) establishing a "temporary" and "voluntary" program within FHA for distressed borrowers.  This program is set to begin October 1, 2008. 
Provisions:
Borrowers certify they have not intentionally defaulted on their mortgage Owner occupied borrowers ONLY Enter … (0 comments)

real estate law: Don’t Get Scammed with an Advance Fee when trying to save your home from foreclosure! - 08/09/08 01:59 PM
 
There is no such thing as a legitimate advanced (miracle) fee to save you from foreclosure!  There have been multiple thousands of foreclosures in California since from 2007 and 2008.  Unfortunately some unscrupulous scam artists have taken advantage of vulnerable homeowners facing foreclosure.  At risk are homeowners who either want to stay … (1 comments)

real estate law: First day of Real Estate Law...... - 08/08/08 09:11 AM
I know that my expectations about my current Real Estate Law class were, well, ones of a long day and the need to work at staying awake.
Was I wrong.......it was great.  Our instructor is teaching it for the first time at Suburban West Real Estate School and did she do … (9 comments)

real estate law: H.R. 3221 Section 2113 (Amendment Prohibiting Seller Paid Down Payment Assistance) - 08/04/08 07:15 AM
SEC. 2113. CASH INVESTMENT REQUIREMENT AND PROHIBITION OF SELLER-FUNDED DOWN PAYMENT ASSISTANCE.
(9) CASH INVESTMENT REQUIREMENT
  (A) IN GENERAL- A mortgage insured under this section shall be executed by a mortgagor who shall have paid, in cash or its equivalent, on account of the property an amount equal to not … (2 comments)

real estate law: Real Estate lawyers - 08/02/08 03:12 PM
Yes, especially in today's real estate market, people should consider getting a legal opinion on any non-standard real estate transaction.  This could prove to be good 'insurance' in what for most is their largest purchase. Keep in mind, there are all types of lawyers. So, I would suggest you only seek … (0 comments)

real estate law: I Won't Sign Anything and You Can't Make Me! - 08/01/08 04:20 PM
A few weeks ago there was a horrifying article in a Connecticut paper written by a journalist who is a first time homebuyer. Horrifying because he was extolling the virtues of his part time real estate agent who had not required him to "sign anything"
WOW! This really stopped me in … (2 comments)

real estate law: Does a Life Estate Trump the Rights of Future Tenants in Common? - 07/18/08 05:53 PM
I have a real life situation going on and I would like your thoughts about it....names have been changed to protect the innocent. I am not a part of this, but it does effect some people I know, and they have been in touch with me, asking questions about how title, … (2 comments)

real estate law: AR Community Help Please! Bank Owned Question - 07/15/08 01:39 PM
Hello ACTIVE RAIN!  I am hoping you can help answer an office question.
Our office is doing more and more BANK OWNED property listing as sales.  In fact, most of our real estate business here in Central Oregon is coming from BANK OWNED propeties.
We work with a number of default … (1 comments)

real estate law: Sonora Attorneys - 07/10/08 09:20 AM
Moving to Sonora? Looking to preapare your estate or trust? Wanting legal advise as to a real estate matter?
The following are all great Civil or Business  Sonora Attorneys and many have a speciality.
Mick Macomber (209) 536-9271 Real Estate & Business Law
Allan Hamilton (209) 533-4151 Business Law
Jim Gianelli (209) … (0 comments)

real estate law: Please read, IMPORTANT, someone is listening - 07/04/08 09:55 AM
Florida and the Transaction Broker mess. Speak up. Make a difference!
Remember 5 years ago, when you could read everywhere
As of July 1st 2008 Florida Real Estate agents do not have to disclose transaction brokerage anymore. It can be assumed that a Realtor is a transaction broker.
Back than I … (20 comments)

real estate law: Attention Florida REALTORS-Buyers and Sellers-NO More Transaction Broker Notice! - 07/03/08 12:04 PM

 
Effective July 1st, 2008 a real estate licensee who wants to act as a transaction broker isn't required to provide a transaction broker notice to a customer before or at the time of entering into a listing agreement for representation or before showing property. 
Florida Statute Section 475.278 (2)(b) … (9 comments)

real estate law: It's Good For Real Estate that FHA Suspended its 90-day Rule Against Flipping - 06/19/08 10:03 AM
Foreclosed and abandoned homes harm neighborhoods and delay a community's recovery.WE'RE LOOKING FOR SOMETHING GOOD TO HAPPEN IN REAL ESTATE.
In order to help facilities sale of bank-owned properties, the Federal Housing Administration (FHA) has temporarily suspended its 90-day rule against flipping of properties. Under that anti-flipping rule, the FHA does not … (1 comments)

real estate law: What Does the NAR v. DOJ Case Settlement Mean? - 06/04/08 01:03 AM
The U.S. Lawsuit vs. the National Association of Realtors Online Listing Policy Is Being Settled as of May 27, 2008, which calls for the adoption of a new online listings policy. Source: settlement proposal (United States v. National Association of Realtors, May 27, 2008)The lawsuit had challenged the NAR policies governing … (2 comments)

real estate law: Housing Discrimination. Do you know the law? - 06/03/08 11:46 PM

Real estate agents, mortgage bankers, and mortgage brokers already know about the Federal Fair Housing Act. Most agents for both real estate sales and lending are not only aware of these laws, but strictly adhere to them. But are you aware that if a real estate buyer or seller starts … (16 comments)

real estate law: duty of an agent - 05/29/08 11:38 PM
I have a client that fell victim to an unscrupulous realtor.  Basically the client was pursuaded to purchase 3 homes as investments which would be flipped within a couple months.  The problem was that it happened to be end of 2006.  There are other details involved, but my issue is this; … (3 comments)

real estate law: U.S. Lawsuit vs. National Association of Realtors Online Listing Policy Is Being Settled (5-27-08) - 05/28/08 05:07 PM
The U.S. antitrust lawsuit filed against the National Association of Realtors in 2005 and parties involved have reached a proposed settlement as of May 27, 2008.  The settlement calls for the adoption of a new online listings policy. The lawsuit had challenged the NAR policies governing the online sharing and display … (3 comments)

real estate law: US Congress and Senate Should Pass Permanent Federal Housing Administration Reform Legislation - 05/27/08 05:53 PM
Our U.S. Congress and Senate Should Pass Permanent Federal Housing Administration Reform Legislation.The time is now for the US Congress and Senate to pass permanent Federal Housing Administration reform legislation if we are to give American homebuyers and homeowners the peace of mind they need.While new loan limits were recently enacted as … (0 comments)

real estate law: Property Owners & Buyers Should Oppose CA State-mandated Energy Audits At Time Of Sale - 05/15/08 10:30 AM
Property Owners, Sellers, Buyers, and Realtors, should fight against any proposed California state-mandated audit law requiring time-of-sale energy efficiency audits.CA Assembly bill 2678 was introduced in Feb. 2008, has been passed out of committee. This bill would require California Energy Commission to develop requirements for time-of-sale energy efficiency audits for residential … (0 comments)

real estate law: Countrywide admits mistakes, not wrongdoing..... - 05/08/08 10:59 AM
Senate panel looking into allegations it inflated fees in bankruptcy filingsMortgage lender Countrywide Financial Corp., which is under investigation for inflating certain borrowers’ fees, acknowledged Tuesday that it has made errors and pledged to take steps to improve its operations.
Steve Bailey, chief executive for loan administration at Countrywide, told a Senate … (3 comments)

real estate law: Update on California Point of Sale Bill - 05/06/08 08:01 PM
 
Point-of-Sale Legislation Held in Committee
C.A.R. is OPPOSING AB 2678 (Núñez) which among other things, will require that ALL homes and commercial property in California have an energy audit at point-of-sale and that mandatory energy efficiency investments be made. AB 2678 was to have been voted on by the Assembly Appropriations committee … (3 comments)

real estate law: Death in the Home - Is it the Kiss of Death to Your Listing Too? - 05/01/08 09:15 AM
 A few weeks ago, I was contacted about representing a family who had recently lost their loved one to suicide. The death occurred in the home, and as you can imagine, the family is extremely upset. Currently they are taking steps to clean the room in which the death occurred, removing drywall, … (16 comments)

real estate law: As an investor, I call my attorney a lot! Do you? - 04/17/08 12:20 AM
  How my Pre-Paid Legal membership has helped me recently...
Last week I mentioned that mortgages were not the only product we offer. This week, I want to take a moment to give you a real life scenario regarding our other product, Pre-Paid Legal.
As most of you already know, I own rental … (0 comments)

real estate law: If us REALTORS run our "own business", then why are we required to.... - 04/08/08 11:59 PM
..... have our office's phone number on our signs? I am not sure about other states, but here in PA, our office's phone number needs to be on our sign. I always hear that this is our own business and we are responsible, but then why should someone doing floor time at the … (12 comments)

real estate law: Legal Lexicon: Joint Tenancy vs. Tenancy-in-common - 04/03/08 04:06 PM
When you are jointly purchasing property, it is really important to ensure that you consider how the title to the property will be held. 
Joint tenancy means that you will share an undivided interest with the entire tenancy passing to the survivor or survivors.  In other words, if one of the owners … (0 comments)

real estate law: "Staying Out of Jail" - ActiveRain Community Guidelines Re-Visited - 03/28/08 09:57 AM
Okay, so pour yourself a strong cup of Java, pull up your iTunes, and enjoy the next installment of the ActiveRain Community Guidelines 'EXPANDED' version!
                                                     ~  o  ~  o  ~  o  ~  o  ~  o  ~  o  ~  o  ~  o  ~
This next guideline must've been inserted by our corporate lawyers. … (19 comments)

real estate law: Throw out everything you thought you knew. - 03/26/08 10:04 PM
One of my agents has a listing, the Sellers are getting divorced. They have refinanced every bit of equity out of the home in the past two years so now it's a potential short sale. My agent is making a dilligent effort to sell the property under an "Exclusive Right to … (12 comments)

real estate law: Violating the Federal Fair Housing Laws - 02/27/08 05:23 PM
REALTORS, REAL ESTATE AGENTS, BUYERS AND SELLERS BEWARE!
We all know that we cannot violate the Fair Housing Laws. Anyone who tries, must be missing a few brain cells. And I ran across something just a few minutes ago that is prompting this post. 
I was on www.Trulia.com and ran across a … (8 comments)

real estate law: Learning - 02/14/08 07:35 PM
Today I went to a class that talked about Real Estate Law.  I attend various classes every year and love doing so.  As a Realtor, I am required to have 30 credit hours in different courses before my licenses needs to be renewed.  This time frame is two years.  It is … (1 comments)

real estate law: Even Dotting Your I's and Crossing Your T's Might Not Save You - 01/24/08 10:31 AM
Well, we all knew it was inevitable. As Buyer's Agency becomes more mainstream, our liability to the transaction increases and we begin to take on an even more important role to our clients. Maybe those of us who have acted as Buyer's Agents have been taking the role for granted by not … (9 comments)

real estate law: SB 1054 - 01/23/08 08:54 AM
The second provision prohibits a real estate professional who gives an opinion of value on a property to a mortgage lender from acting as the listing agent on that property for a period of one year.   For more information you can visit http://www.leginfo.ca.gov/
How do you feel about that?  Do you … (0 comments)

real estate law: Who says Benson Real Estate is slowing down, don't kid yourself about Benson Horse Property - 01/16/08 06:57 PM
Many articles and propaganda today keep telling consumers that the market is slowing down. I recently read this article in the Arizona Daily Star and thought it to be interesting, although I firmly believe in the power of faith and hard work ethic.
http://www.azstarnet.com/sn/fromcomments/216394.php
Let me know what types of books you … (2 comments)

real estate law: If it's not in writing... - 11/28/07 06:08 PM
2007 has brought everything out into a new light. Developers are selling unsold developments to other developers at cost or just above. Of course, they still aren't selling the units in some cases. Sellers selling condos to more than one person at a time without recording deeds of sale. Parents that … (2 comments)

real estate law: California Business Expo...2007 - 11/27/07 05:35 PM
As I mentioned in previous blog posts, the Chamber is a great opportunity to meet people that have the same desire to help people. These like minded people provide professional services that allow clients to have a positive experience hiring business professionals. First and foremost is that the client receives the utmost respect as … (0 comments)

real estate law: Who's job is it to hold REO companies accountable to federal guidelines?? - 11/17/07 02:22 AM
I am not as seasoned of an agent as some may be so maybe I am a little naive in thinking the way I do but as Realtors and Real Estate Agents, don't we have a duty to uphold laws and ethics? Why is it I see some skirting around them … (1 comments)

real estate law: Tattoos-Is it LEGAL to discriminate against them? YES! - 09/26/07 11:04 PM
 
A report I just heard says, SOME apartment complexes have been denying applicants because of heavy tattoos and body piercings.  According to the fair housing officials with San Antonio city government and the Federal government, it may be unfair but it is NOT ILLEGAL unless the tattoos have religious or racial significance.
 As a long time … (7 comments)

real estate law: Why Choose a REALTOR® to Buy or Sell Your Next Home in the North Georgia Mountains? - 09/23/07 07:23 AM

Few things are as important as purchasing a home.  For most, it will be the largest investment of their life. Therefore, it is important to work with the best when you are ready to buy your home.  Be sure to choose a REALTOR® and not just a sales agent.
A sales … (13 comments)

real estate law: Joint Tenancy in Georgia Revisted and Domestic Partnerships in Georgia - 09/03/07 11:01 PM
Should domestic couples obtain a deed by joint tenants or tenants in common.  A joint tenancy will be valuable to a domestic couple.  Why?  If the domestic couple has a will, that is fantastic.  If the will is challenged, then transferring the property could possible be problematic.  If one of the … (2 comments)

real estate law: Why People Are Afaird To Buy Your Home (FSBO's) - 08/28/07 09:26 AM
Attention: For Sale By Owners! Why People Are Afraid To Buy From You!
Many homeowners believe to maximize their home sale they should sell it themselves. At first glance, they feel selling a home is simple. Why should they pay a broker fee for something they could do themselves? In fact, 12% … (11 comments)

real estate law: How to Stay Out of Legal Trouble - 08/20/07 11:01 PM

My brother-in-law is an E&O lawyer so I frequently ask him why people get sued, and how to prevent it.  The most common setup that ends in litigation is an agent who has double-ended a transaction, and 1 party feels the agent did not act with due diligence.  He says … (8 comments)

real estate law: Shoreland Protection - House Bill 383 - 08/17/07 02:58 PM
This is big in the Lakes Region, straight out of the NHAR Legislative update
 House Bill 383, a comprehensive revision of the Shoreland Protection Act, sought to modify the requirements for maintenance of the waterfront buffer, including the application of chemicals and pesticides, the removal of rocks and stumps, the disturbance of … (0 comments)

real estate law: I dreamed I was a Realtor! Then I woke up and . . . - 08/15/07 07:06 PM
Then I woke up, and remembered I am a Realtor!  Egad!  Well, it's not all that bad.  I used to be an attorney.  Okay, I was a real estate attorney, so at least I was at the top of the bottom.  For those of you who have been staying awake at … (3 comments)

real estate law: Small Claims Court for Tenant Landord Disputes: Tips From the Winners - 06/08/07 10:25 PM
 Too few landlords use small claims court to collect rent or damages owed by tenants. Small claims court is a good and perfectly useful way to collect on past due rent, damages to your property caused by renters and generally any money dispute between a landlord and a tenant. Often, an … (2 comments)

real estate law: Divorce Help - 05/16/07 03:05 PM
Deciding whether to divorce may be the most important decision of your life that you ever make. Two essential factors in a divorce are emotional compatibility and legal issues. For couples with children, the children's welfare and custody may become key factors.Divorcenet.com is the Internet's largest divorce resource, offering state-specific articles, an online … (0 comments)

real estate law: Feds say real estate brokers block competition - 05/09/07 02:37 PM
 
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real estate law: And Assigns - 04/03/07 08:28 AM
I got in a discussion the other day with another agent. I wanted to use the words "and assigns" following a persons name. The reason being the individual was in the process of forming a couple business entities and was unsure, without talking with their tax person, whether or not to … (3 comments)

real estate law: :: Conrad Black trial begins today :: - 03/20/07 07:01 AM
 
One reflection of our place in life is the home we live in. One of the more incredible homes I have been in was multi-billionaire Conrad Black's mansion  in Toronto's Bridle Path.
In my contracting days I helped build an addition to these decadent digs that included an indoor plaster … (1 comments)

real estate law: Buyer and Seller Closing Costs and the HUD-1 Explained - 03/11/07 03:27 PM

The HUD Statement Whether I am working with a first time buyer or seller, I am always asked 'What are typical closing costs for selling or buying a home?'
For buyers, a great deal depends on your down payment, and the day of the month you close the loan. There … (2 comments)

real estate law: Florida Mortgages and Pre-Payment Penalities. - 03/10/07 01:30 AM
Ask many mortgage brokers and loan officers about Florida's Fair Lending Act and you may get a puzzled look or silence. Ask many mortgage brokers and loan officers what is the maximum pre-payment penalty on a Florida mortgage. Common answer....with a question mark...3 years?. Wrong. Florida has no regulation on the length a pre-payment penalty … (0 comments)

real estate law: Visit My Site at http://TheREforum.blogspot.com - 02/26/07 11:02 AM
Real estate news, trends, analysis and myth-busters for the real estate industry and consumers alike. … (0 comments)

real estate law: :: Canadian Real Estate Issues being addressed :: - 01/30/07 08:21 AM
Three key issues are being discussed by the REALTORS® Political Action Committee (PAC) with our local members of Provincial and Federal Government this fall.
Additionally through our efforts, Progressive Conservative MPP Joe Tascona (Barrie-Simcoe-Bradford) has responded to the recent public attention being given to the issue of title fraud by introducing … (0 comments)

real estate law: What you may not know about your website may cost you! - 01/08/07 10:47 AM
As a mortgage loan officer I am highly aware of the Real Estate Settlement Procedures Act (RESPA), and I'm familiar with the Truth-in-Lending Act (TILA), but an article I just read opened my eyes to a whole other issue that I was previously unaware.  As each one of us know, advertisements … (21 comments)

real estate law: New Minnesota Law - 01/03/07 06:25 AM
As of January 1, 2007 Minnesota Law requires installation of carbon monoxide detectors in all newly constructed homes and apartments. Carbon Monoxide detectors must be placed on each level of the residence and within ten feet of each sleeping room in any single or multiple-family dwelling.
The law is in place for … (8 comments)

real estate law: New Laws Affecting Real Estate - 12/30/06 06:33 AM
REVERSE MORTGAGES: This new law provides protection to consumers who obtain reverse mortgages. This law prohibits certain self-dealing activities by companies providing reverse mortgages, requires certain additional disclosures for reverse mortgages, and also requires a translation of the contract for a reverse mortgage to the language in which primarily negotiated.  This … (1 comments)

real estate law: Divorce and Real Estate - 12/13/06 06:31 PM
<!---->Sherman Smith & Associates 1173 Irvine Blvd Tustin, CA 92780-3528Phone: (714) 544-5445 Fax: (714) 505-1562 E-mail: shermansmith@pacbell.net … (2 comments)

real estate law: Real Estate, a Spiritual Quest? - 11/07/06 08:35 PM
As humans, we are predisposed to promoting and protecting our own interests and for the most part, this is considered to be an acceptable approach to living our lives.  After all, we are responsible to look after ourselves and if we don't at least consider our own interests we might find … (1 comments)

real estate law: Recommended Real Estate Books - 07/10/06 03:21 PM
Recommended books for your information fulfillment, educational enrichment and enjoyment (provided by the Real Estate Annex of the Equerry Book Store).General, Residential, Commercial, Investment, Property Management, Personal Development and more.Fast - Easy - Convenient - Secure.Online ordering. Discounts on most books when ordering through this bookstore. Powered by Equerry.comClick here to … (0 comments)

 
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