Representing Clients

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How to Avoid Non-Compliance with the National Association of REALTORS® Code of Ethics

The National Association of REALTORS® (NAR) has been the peak trade association for the real estate industry since its original founding in 1908. When you join your local REALTOR® association, you also join and receive benefits from your state association as well as the NAR. With that membership comes a requirement to follow the NARRead More

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Avoid a Lawsuit as a Dual Agent Selling Your Own Home

You’re ready to sell your house. Good thing you’re a real estate agent. You can represent yourself—and maybe the buyer, too (depending on your state)—streamline the process, and make more money. But before you do, understand the risks of a real estate lawsuit in a dual agent situation when you are selling your own property.Read More

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Creation of an “Associate Licensee” and the Duty to Investigate and Disclose

Real Estate Agent Fiduciary Duties Ruling In November 2016, California’s Supreme Court affirmed the Appellate Court’s decision in Horiike v. Coldwell Banker (2014) 225 Cal. App. 4th 427. Its significance is that where a real estate brokerage is representing the buyer and the seller in a transaction, albeit with separate real estate agents for theRead More

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How to Avoid Real Estate Lawsuits when Working as a Dual Agent

Dual Agency, where the real estate agent is acting on behalf of both the buyers and sellers, can be very attractive to some agents. Not only does acting as a dual agent streamline the transaction process, but it can also be more lucrative when the agent keeps the entire commission. (Dual agency can also meanRead More

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When Does a Real Estate Agent’s Legal Duty to His or Her Client Cease in California?

In recent months I have handled an increasing number of risk management inquiries for real estate agents and brokers on the issue of when does a real estate agent’s duties cease to the client. This question typically arises after closing when new “issues” arise, such as newly discovered water intrusion or pest infestation problems thatRead More

Here are 3 reasons why real estate agents shouldn’t make representations about permits and how to more safely handl… Are you using home warranties that include the Seller's Protection Plan? The CRES Advantage Fidelity National 13-Mo…