Legal Blog

 
2015-03-04-legislative-trip-realtors-meet-with-image-house-chamber
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 27, 2016

    MLS properties for sale vs. for rent

    The MLS is a forum that not only allows listing brokers to advertise their properties for sale or for rent but also provides them with a means to make offers of cooperative compensation that can be reviewed and accepted
  • Sep 27, 2016

    If the Seller does not respond at all during the Negotiation Period

    Under the old Home Inspection Contingency, a Seller who wanted to void the contract would simply fail to respond to a counter-offer and the contract would automatically become void.
  • Sep 27, 2016

    Does an Agent Have to Indicate The Name of His or Her Firm?

    "REALTORS® shall not advertise nor permit any person employed by or affiliated with them to advertise listed property without disclosing the name of the firm."
  • Sep 27, 2016

    Listing a Property as Available When It's Under Contract

    Sellers often place agents in compromising positions by asking them to take actions that break or skirt the rules. However, the sellers quickly disappear when the complaints are filed.
  • Sep 27, 2016

    Home Showing Missteps - Who Foots the Bill?

    Depending on the circumstances and the cost of the repair, it may be a good business decision for the agent to offer to repair the damage.
  • Sep 23, 2016

    What happens if the Seller responds to the Buyer’s Home Inspection Removal Addendum?

    To avoid replicating this troubling scenario, we recommend a Negotiation Period of no less than seven days.
  • Sep 23, 2016

    Antitrust Compliance Guide

    The following guidelines have been prepared by the Risk Management Committee of the National Association of REALTORS® to supplement the REALTOR® association's long standing antitrust compliance program.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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?
  • 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.
  • 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.
  • 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
  • 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.
  • 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
  • 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, ...