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Legal blog posts on real estate, closings, business, estate planning, and more. Blair | Cato is here to help and inform. If you believe you need our services, contact us.
REGISTRATION FOR 2017 MCE/CE CLASSES NOW OPEN
Blair Cato Pickren Casterline is pleased to announce that registration for the 2017 MCE/CE classes has now opened. Classes will be offered on March 9, March 23, April 4, April 25, May 2, May 16, June 8 and June 20. Each day will offer the 4 hour core class and 4 hours...
CFPB Punishes Both Lender and Real Estate Agents for MSA.
For years the attorneys of Blair Cato Pickren Casterline have warned both real estate agents and lenders of the inherent risks in participating in Marketing Service Agreements (MSA). Section 8 of the Real Estate Settlement Procedures Act (RESPA) prohibits kickbacks...
Did You Really Know?
Prior to January 2017 real estate agents could be sued when they "knew or should have known" of a hidden defect, misrepresentation, fraud or incorrect statement. While few would argue against liability for actual knowledge, real estate agents often had to defend...
Explaining Agency in 2017.
Today we peel back another layer of the new Real Estate law. Many real estate agents are confused by SC Code §40-57-370, particularly those agents who only represent a builder, REO or RELO Company as well as those who are not allowed by their brokerage or client to...
South Carolina Uniform Power of Attorney Act effective January 1, 2017
South Carolina has adopted a version of the Uniform Power of Attorney Act which became effective January 1, 2017. The new act, SC Code §62-8-101, governs all Powers of Attorney that are created after January 1, 2017. While the statute significantly changes the...
Competing Buyer Clients
While there are many problems with the new South Carolina Real Estate Law that we have chronicled in previous posts, today we examine a good addition to the law that is set forth in SC Code §40-57-350(F). The code provision holds that a real estate agent acting as a...
URLs and Slogans Under the New Law
Many agents have been busy changing their team names and advertising to remove newly prohibited words such as “realtor, realty and real estate.” Starting January 1, the new real estate law codified in SC Code §40-57-360 holds that team names may not contain these...
Record Keeping Under the New Real Estate Law
There has always existed a need for security and maintaining privacy, particularly “Non-Public Personal Information (NPPI),” which is heightened by implementation of the TILA-RESPA Integrated Disclosure Rule (TRID). With this in mind, the state legislature revised...
Update on Todd Kohlhepp Murders. Still More Questions Need Answers.
On November 8, 2017 I posted an article questioning how alleged serial killer Todd Kohlhepp was able to get a South Carolina Real Estate License after spending 14 years in Arizona prison for kidnapping a child. As you may recall, in exchange for his guilty plea the...
Happy Anniversary!
Two years ago this week we opened Blair Cato Pickren Casterline. It has been a truly amazing experience. We sincerely appreciate all the support of our family, friends and clients. We could not have done it without your support and business. Thank you!!!!!...
New Earnest Money Requirements.
The Real Estate Law that becomes effective January 1, 2017 contains a new escrow money requirement that imposes a burdensome duty on the real estate agent. SC Code Ann. §40-57-136(B)(4) holds: "Trust funds received by a licensee in connection with a real estate...
Federal Judge Blocks Implementation of Overtime Rule Set for December 1
A federal judge in Texas has issued a nationwide preliminary injunction against the U.S. Department of Labor’s new overtime rule set to go into effect this week. The new rule, which increases the minimum salary required to be paid to white collar exempt employees to...