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Legal Blog
The Legal Blog brought to you by NVAR's Professional Standards department helps you stay on top of the latest rules and regulations in the industry.
Check back often to keep up with latest information.
Sep 23, 2016
Not the Lockbox of Choice
When someone enters a property through a lockbox, there is a record of the visit. Each SentriCard® is assigned to one agent and thus the owner can trace who has entered his or her property.
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Sep 23, 2016
First Time Doing a Short Sale
Article 11 of the Code of Ethics states that REALTORS® shall not undertake to provide specialized professional services that is outside their field of competence unless they fully disclose their lack of experience to the client or engage the assistance of one who is competent in the area.
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Sep 23, 2016
New Fairfax Sign Enforcement Program
Improperly placed open house signs can cost you more than a sale. They can also result in confiscated signs and a loss of hard-earned money.
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Sep 23, 2016
Advertising other Agents Listings on Craigslist
Realtors® are required under Article 12 of the Code of Ethics to ensure that their professional status is clearly identifiable in any advertisement.
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Sep 23, 2016
Payments to Subordinate Lien Holders on HUD-1
All payments made in connection with a RESPA-covered transaction must be disclosed on the HUD-1/1A Settlement Statement.
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Sep 23, 2016
Landlords with Really Bad Ideas
A landlord wants to restrict the number of people who are able to rent his three-bedroom condo unit. Therefore, he instructs his Property Manager to advertise the property as "two bedrooms with a den". The Property Manager knows this is wrong and wants a reason why he can not comply with this request.
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Sep 23, 2016
What Information Must I Include in My Advertisements?
In general, what information must I include in all of my advertisements to the public? Do I really have to include my firm name, the REALTOR® logo or the fair housing logo in all of my advertisements?
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Sep 23, 2016
What constitutes substantive discussion about a particular property?
A discussion like how does this Tudor home compare to the one down the street, moves conversation into a discussion about a specific property.
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Sep 23, 2016
Mold Killed My Dog
The best course of actions is to note any potential problems, such as signs of water stains, provide a written notice to the client and recommend that they have a qualified specialist check the area to determine if there is a possible problem.
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Sep 20, 2016
Compliance is Every Realtor®’s Duty
An accommodation request under the FHA isn't limited to a particular type of service animal, and so could require accommodations for such animals as snakes or birds
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Sep 20, 2016
Guide to Unearned Real Estate Fees
A new guide that further explains HUD's RESPA Statement of Policy on Unearned Fees is now available online.
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Sep 20, 2016
What is the Mortgage Assistance Relief Services Rule?
The FTC Rule defines MARS activity as including negotiating, obtaining and arranging a short sale. Under this definition, an agent or broker who performs the following services would fall under the definition of a MARS services provider
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Sep 20, 2016
REO Commison regarding a licensee
It was the consensus of the Work Group that any listing agreement between a seller and a listing broker that provides that cooperative compensation cannot be offered or paid to a cooperating broker if the purchaser holds a particular license or credential, ...
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Sep 20, 2016
License Transfer Timeframe
Why is it taking so long for my license to transfer from one broker to another?
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Sep 20, 2016
Combo Boxes - Not the Lockbox of Choice
Since combo boxes are not regulated, their use is unchecked, whereas lockbox rules violations can be brought to the attention of the Board and compliance can be enforced through NVARs Grievance Procedures.
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Sep 20, 2016
Shining a Light on the Details of Fair Housing Law
Under normal circumstances, it is a violation of fair housing laws to express a preference toward a tenant of a specific gender.
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Sep 20, 2016
I thought fees for resale packets were capped at 100. Why am I being charged more?
The fee for the packet or certificate now hinges on whether the association is professionally managed by a common interest community manager (CIC managed association).
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Sep 20, 2016
Disclosures on Latent Material Defects
Standard of Practice 1-9 specifically provides that latent material defects are not considered "confidential information" under the Code of Ethics.
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Sep 20, 2016
How long can an agent have a Coming Soon sign up?
How long can an agent have a Coming Soon sign up before entering the property into the MLS? Isnt it an illegal pocket listing for a Coming Soon sign to be up for more than 48 hours?
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Sep 20, 2016
What is a Sub-Agency?
Sub-agency is one type of brokerage relationship. It was the predominant method of establishing a brokerage relationship until the mid 1990s.
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