Over the years of handling risk management matters, I invariably see disputes where the real estate agent who was not the listing or selling agent on a closed transaction makes a claim for real estate commissions claiming that he or…
Brokers and escrow officers, like other professionals, use phones and e mail as their main mode of communication and by doing so they are exposed to data breaches. In the last year data breaches became more prevalent in real estate…
When problems arise after close of an escrow for a particular real property, the listing and selling agent are typically contacted by an attorney for either the seller or buyer or both of them. This raises a concern for the…
How well does a typical real estate agent know his or her client? Good question. In the vast majority of the situations when a real estate agent transacts as a listing, selling or dual agent, the answer is “not very…
Although not every jurisdiction has addressed the issue of whether a seller or seller’s agent has a duty to disclose a future public works project that may involve the use of condemnation or eminent domain, nearly every state that has…
New legislation in Maryland has been introduced to provide further protections to purchasers of newly constructed homes from earnest money deposit forfeitures, when the transaction is contingent upon the purchasers obtaining a mortgage loan. The new legislation came into existence…
A lengthy court battle came to an end when the Wisconsin Court of Appeals found in favor of two buyers in the case of Marchese v. Miller, et al. The buyers alleged that when purchasing a lot from a builder/seller,…
Confusion regarding the handling, holding, and distribution of earnest money by title companies, escrow agents, and real estate licenses has led to newly enacted legislation in the state of Washington. SHB 1730 provides clear guidelines of when and how a…
