Caveat REALTOR®

This week, Virginia REALTORS®’s legal team discusses the responsibilities of landlords and property managers with regards to mold. Erin and Jon review landlord requirements for remediation under the Virginia Residential Landlord Tenant Act when a tenant reports evidence of visible mold. They answer some legal hotline questions, such as “What are the 'professional standards' for mold remediation?”...

This week, Virginia REALTORS®’s legal team discusses the Atlantic Coast Pipeline, also known as the Dominion Pipeline. Erin and Austin discuss what the Atlantic Coast Pipeline is, and explore what a real estate licensee’s disclosure requirements may be for properties in the proposed pipeline’s path. They answer some legal hotline questions, such as “I have a seller that lives in a county that is i...

This week, Virginia REALTORS®’s legal team takes another look at the Real Estate Settlement Procedures Act, or RESPA, by focusing on co-marketing agreements. Erin and Jon discuss what exactly co-marketing agreements are and how RESPA treats these types of agreements. They answer some legal hotline questions, such as “I have a co-marketing agreement with a settlement company. I typically pay for al...

This week, the Virginia REALTORS®’s legal team discusses Road Maintenance Agreements. Laura and Jon talk about the Property Owners' Association Act and its requirements, and then take a closer look at Road Maintenance Agreements and whether they must be disclosed to prospective buyers. They answer some legal hotline questions, such as “If the current owners have a verbal agreement to chip in whene...

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team provides an overview of the sweeping federal tax reform bill passed by Congress in late 2017. Jon and Austin discuss how the bill affects individual and business taxpayers, and specifically how the new framework impacts real estate professionals.

This week, the Virginia REALTORS®’s legal team discusses agency, which is one of the most popular topics on the legal hotline. Austin and Cate discuss the distinction between dual and designated agency in real estate transactions. They review some legal hotline questions, such as “When representing a seller and a buyer as a dual agent, should I disclose to the buyer that the seller has told me tha...

After a week of frigid temperatures and many reports of burst water pipes, the Virginia REALTORS®’s legal team discusses property management and what to do if there is an interruption in the utilities that you are required to provide to your tenants. Erin and Laura discuss what utilities a landlord is requires to provide under the VRLTA and what actions landlords and tenants need to take when ther...

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Fair Housing Act. Jon and Cate explore how to create an interactive process with tenants who request accommodations, what you can and cannot ask about during the tenant selection process, and what constitutes a disability under federal law. They answer some legal hotline questions, such as "My complex does not assign...

On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cryptocurrencies and how they work in real estate transactions. Cryptocurrencies, such as Bitcoin, have been leading news stories, especially as the valuation of these currencies have been rising and have become more widely accepted by businesses. Laura and Austin answer some legal hotline questions, such as "A client wa...

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 Agr...

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 revi...

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 su...

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 a...

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...

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 wa...

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 volunt...

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...

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 hou...

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 Eri...

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 tho...

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 a...

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 perce...

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 provid...

This week, the Virginia REALTORS®’s legal team continues their discussion of natural disasters from the perspective of property management. Although you cannot predict when a natural disaster will strike, you can take certain actions to make sure that you and your family are prepared to react. In this episode, Erin and Cate discuss what to do as a property manager when the properties that you mana...