by Gary Pickren | Sep 30, 2015 | Legal Tips
If you are representing the seller and you receive an offer from a buyer who indicates on the contract that they are a licensed agent, it would behoove you to require the earnest money be held by your broker. Having the buyer’s company hold the earnest money has the...
by Gary Pickren | Sep 24, 2015 | Legal Tips
An agent asked if she could tell a client that a particular house was in a great neighborhood for children. She was concerned that the comment could violate Fair Housing rules. I reminded the agent that familial status is a protected class. Familial status means a...
by Gary Pickren | Sep 17, 2015 | Legal Tips
In the contract there are several places that say “and the earnest money shall be released to the Buyer or Seller.” Does this provision mean a release does not need to be signed because the contract clearly states who gets the earnest money in the particular...
by Gary Pickren | Sep 14, 2015 | Legal Tips
Tax prorations continue to be a hot topic due to the investment property tax rate being substantially higher than the owner occupied tax rate. Many sellers when taxed at the investment rate of 6% want the attorney to prorate at the occupancy rate of 4% when selling...
by Gary Pickren | Sep 4, 2015 | Legal Tips
Several agents are unclear as to how to cancel the contract under Paragraph 9(C)(3). Pursuant to the contract the buyer has 10 business days to complete any due diligence. During the due diligence period should the buyer determine, in their sole discretion, to...
by Gary Pickren | Aug 28, 2015 | Legal Tips
This is an important topic because today’s litigant typically sues the real estate agent and the seller when a lawsuit is filed over a seller disclosure issue. I continue to see “No representation” selected as an answer on the seller disclosure. Blair Cato takes the...
