Caveat REALTOR®

Happy New Year! In this New Year’s episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the January 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Erin and Laura identify the deleted forms, discuss which forms were updated, and introduce one new form – the Termination of Property Management Agreement. To conclude, they review how brokers and agents can limit their risk by using Standard Forms, and understanding the language in those forms.

On this holiday episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Standard Clause Booklet. While Santa Claus visited many this holiday season, the Standard Clause booklet is available all year to members of Virginia REALTORS®. Laura and Cate discuss what the Standard Clause Booklet is, how members of Virginia REALTORS® can use it, and where it is located. Finally, they review how brokers and agents can limit their risk by using the Standard Clause Booklet, requesting help through the Legal Hotline, and always using an attorney to draft new language in contracts.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses flood insurance. It is a topic that has taken on greater importance for homeowners and, consequently, REALTORS® in recent years. Laura and Jon answer some legal hotline questions, such as “My client is selling a property that requires flood insurance because it floods every five years or so. The last flood damaged the subfloor and he never got around to getting it fixed. Because the damage is related to flooding, he doesn’t have to disclose to the buyer, right?” Finally, they review how brokers and agents can limit their liability when discussing flood insurance with their clients.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses harassment in the workplace, a topic that has been dominating news stories over the past few weeks. Cate and Jon discuss broker liability for harassment in the office, how to prevent harassment in the workplace, and what policies brokers should have in place. They answer some legal hotline questions, such as “My agents are all independent contractors, can I make them adhere to an anti-harassment policy?” Finally, Cate and Jon review how brokers can limit their liability and create a safe work space for their employees and independent contractors.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team looks at property management and discusses tenant selection criteria. Cate and Erin discuss some best practices in establishing tenant selection criteria and review Fair Housing laws. They answer some legal hotline questions, such as “As one of my tenant selection criteria, can I refuse to rent to college students?” Finally, Cate and Erin review how you can limit your risk when establishing your tenant selection criteria.

Virginia REALTORS®’s legal team discusses the Real Estate Settlement Procedures Act, or RESPA. Cate and Laura review the main provisions of RESPA, and discuss how it is applicable to brokers and real estate licensees. They answer some legal hotline questions, such as “I am going to host an open house for other agents. A local title company wants to reimburse me for the cost of food but does not want to do any marketing at the event. Would this be okay because I am not promoting the title company?” Finally, Cate and Laura review some ways to limit your risk to ensure that you do not violate any provisions of RESPA.

In this special Thanksgiving episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses REALTORS® and charitable giving. Erin and Laura discuss the benefits and some risks associated with advertising your charitable donations as part of your business or tying them to real estate transactions. They answer some legal hotline questions, such as “Can I require my agents to partake in volunteer activities or to donate a certain percentage of their commissions to charity?” Finally, Erin and Laura encourage you to consider donating on this Giving Tuesday to a cause that is important to you. Happy Thanksgiving!

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses going above and beyond the REALTOR® Code of Ethics. Cate and Laura discuss the Pathways to Professionalism, which addresses issues of courtesy or etiquette. They answer some legal hotline questions, such as “If I follow the Pathways to Professionalism, will I ever be in violation of the Code of Ethics?” Finally, Cate and Laura discuss how adhering to the Pathways to Professionalism may limit your risk of an ethics violation.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses business continuity issues. Cate and Laura discuss the policies brokers should have in place in the event a broker or salesperson dies, and additional actions that real estate licensees can also take. They answer some legal hotline questions, such as “When an agent dies and there is a pending contract for a sale of a house, does it affect the contract?” Finally, Cate and Laura review some ways to limit your risk and ensure the survival of your business.

In this special Halloween episode, the Virginia REALTORS®’ legal team discusses stigmatized properties. Cate and Erin discuss disclosure requirements for real estate agents and home owners. They then discuss three real legal hotline questions pertaining to stigmatized properties, including Erin’s own ghost story.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses an important topic – REALTOR® Safety. Cate and Erin discuss policies brokers can implement to help improve the safety of their agents, and how agents can also take charge of their own safety. They answer some legal hotline questions, such as “As a broker, what is my liability for an agent’s safety?” Finally, Cate and Erin review some ways to limit your risk and increase the safety for all REALTORS®.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team gives an update on website accessibility. Cate and Erin discuss some recent lawsuits pertaining to website accessibility and review the standards set forth in the Web Consent Accessibility Guidelines 2.0. They answer some legal hotline questions, such as “You said there are no current guidelines by the DOJ. If I receive one of those demand letters, can I safely ignore it if there are not regulations in place?” Finally, Cate and Erin review some ways to engage in ensuring your website is accessible to persons with disabilities.

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cybersecurity. Because real estate transactions involve an exchange of financial and personal information, real estate companies can be targets for cybercrime. Cate and Erin review applicable laws and discuss some good cybersecurity practices to help you safeguard information and communicate risks to your clients. They answer some legal hotline questions, such as “If I receive a spam offer for a property that I am listing, must I present it to the seller?” Finally, Cate and Erin review some ways to help limit your risk and engage in cybersecurity best practices.

This week, the Virginia REALTORS®’s legal team examines antitrust issues in the real estate industry. Cate and Laura review applicable antitrust laws and their penalties. They also discuss the reasons why the real estate industry is particularly susceptible to to antitrust violations. They answer some legal hotline questions, such as “I’m worried that I am not charging my clients enough of a percentage. How can I figure out the right amount to charge them without discussing it with agents from other firms?” Finally, Cate and Laura discuss some ways to help limit your risk when faced with situations that may invite antitrust violations.

This week, the Virginia REALTORS®’s legal team examines foreclosures from a property management perspective. Hopefully it will not be a situation in which you find yourself, but in this episode Erin and Laura provide you with a practical guide to managing properties in a foreclosure situation. They review important office policies and answer a few legal hotline questions, such as “My tenant provided me with notice that the house he is renting is being foreclosed upon. Do I need to evict the tenant?” Finally, Erin and Laura discuss some ways to help limit your risk when faced with managing a property that is under foreclosure.