Caveat REALTOR®

This week, the Virginia REALTORS® legal team discusses the differences between properties that are “coming soon” and pocket listings. Jon and Laura talk about how to protect yourself as a listing agent if your clients want to use one of these two options, and the risky nature of pocket listings. Finally, they share tips that can help you limit your risk and answer some Legal Hotline questions.

This week, the Virginia REALTORS® legal team discusses two items that can be very important in your advertising: the REALTOR® Block R logo and the Equal Housing Opportunity Logo. Cate and Jessica discuss how the Block R logo can be used by REALTOR® members and how the Equal Housing logo can be advantageous if used correctly and consistently. Finally, they answer a few legal hotline questions about...

This week, the Virginia REALTORS® legal team talks about the DPOR regulations governing license renewal. Laura and Cate talk about both how soon a new agent can start practicing and how DPOR handles transfers between firms. They also discuss the delay in license lookup for an expired license and how that does not mean you can continue to practice. Finally, they answer some common legal hotline que...

This week, the Virginia REALTORS® legal team discusses how to use a notice of termination and a release, and how using one without the other can get you into hot water. Cate and Jon talk about the differences between the two documents and the situations in which you would want to use one or both. They also answer some legal hotline questions, including discussing how a new law can allow you to rel...

This week, the Virginia REALTORS® legal team gets spoooooky with stories of property management nightmares! Cate and Jon discuss unauthorized animals, disappearing tenants, and abandoned property. Tune in and listen…if you dare!

This week, the Virginia REALTORS® legal team continues Property Management Month with a discussion of how to deal with defaulting tenants. Jon and Cate talk about the different ways in which tenants can default under a lease, and how the VRLTA allows you to handle those situations. They talk about failure to pay rent, unauthorized animals, and criminal activities on the property. Finally, they ans...

This week, the Virginia REALTORS® legal team continues our Property Management series with a look at tenant move out inspections. Cate and Jon talk about the notice requirements for tenant move out and how they affect your deadlines to conduct the move-out inspection. They discuss the benefit of using a move-out inspection form, and they tell you what you should do if you discover additional damag...

This week, the Virginia REALTORS® legal team continues Property Management Month by discussing the eviction process. Jon and Cate talk about what notice is required to tenants before beginning the eviction process, as well as the legal steps necessary to obtain a writ of possession. They also answer some legal hotline questions and discuss how property managers can limit their risk during the evic...

This week, the Virginia REALTORS® legal team begins property management month with a discussion of the tenant application process. Cate and Jon discuss application fees, who needs to sign the lease, and what you can (and cannot) ask as part of the application process. They also talk about Fair Housing issues that often come up in the tenant selection process. Finally, they discuss best practices t...

This week, the Virginia REALTORS® legal team takes everyone to school with Contracts 101. Jon and Laura discuss the basics of contract law, including how to accept an offer, the difference between unilateral and bilateral contracts, and whether an EMD is necessary to make a valid contract. They also answer some legal hotline questions, including whether you can write a contract with a settlement d...

This week, the Virginia REALTORS(R) legal team discusses issues surrounding radon. Cate and Jon talk about how radon gets into homes, how you test for it, and how you can cure high levels. They also answer some questions from the hotline, such as whether you need two separate companies to test, mitigate, and retest. Finally, they explain how you can limit your risk as a REALTOR when dealing with r...

This week, the Virginia REALTORS® legal team discusses the recent Fair Housing complaint filed by HUD against Facebook. Laura and Erin talk about how to protect yourself while advertising on Facebook, as well as other platforms, if you want to use targeted advertising.

This week, the Virginia REALTORS® legal team talks about the disclosures you must make when you as a licensee are buying or selling a home. Cate and Erin discuss the requirements from both the Virginia Real Estate Board and the Code of Ethics. They also answer some legal hotline questions, including what to do if you’re a licensee in Virginia but are selling a property in another state.

This week, the Virginia REALTORS® legal team continues the discussion about unrepresented parties in a real estate transaction, this week focusing on the unrepresented buyer. Cate and Erin discuss what you as a licensee can and can’t do for an unrepresented party, particularly when it comes to offering your professional judgment. They then answer some questions from the legal hotline, including wh...

This week, the Virginia REALTORS® legal team discusses some best practices for buyer agents when dealing with For Sale By Owner properties (FSBOs). Cate and Erin discuss the importance of the one-time showing agreement, as well as some negotiating tactics to use. They also answer some real-life questions from our members and tell you how to limit your risk when dealing with FSBOs.

This week, the Virginia REALTORS® legal team discusses the way Virginia regulates assistance animals. Jon and Cate talk about the requirements for assistance animals, including what you can and cannot ask about as the landlord or property manager. They also discuss the concept of therapeutic relationship and how a tenant can prove this relationship in Virginia. They also respond to real-life quest...

This week, the Virginia REALTORS® legal team discusses Article 1 of the Code of Ethics. Jon and Austin discuss the various standards of practice within Article 1, and how they govern your interactions with both your client and other parties to a transaction. They then answer some legal hotline questions and tell you how to limit your risk when it comes to the Code of Ethics.

This week, the Virginia REALTORS(R) legal team discusses procuring cause. Cate and Jon talk about the fact-specific test used to determine procuring cause in disputes between buyers agents. They also discuss arbitration, for those unfortunate times where negotiations don't work. They answer some questions from the legal hotline and finally discuss how you can limit your risk (hint: make sure you h...

This week, the Virginia REALTORS® legal team discusses a topic near and dear to our members’ hearts: how to get paid! Cate and Laura talk about the importance of a listing agreement and how an offer of compensation in the MLS can affect compensation. They then answer a few legal hotline questions, including what happens if the MLS offer is less than what is listed in the buyer brokerage agreement....

This week, the Virginia REALTORS® legal team discusses how to handle negative reviews in the digital age. Jon and Cate discuss the best way to handle negative experiences with Yelp, Google, and other websites, both from an emotional and practical perspective. They also discuss how the Virginia REALTORS® Legal Action Fund can provided much-needed assistance if you end up in court for this or any ot...

This week, the Virginia REALTORS® legal team discusses some areas of the purchase contract about which we often receive questions. Jon and Cate talk about what constitutes a “business day” and the difference between “on or about” and “time is of the essence” contracts. Finally, they when a buyer actually receives possession of the property.

Happy Independence Day! In this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the July 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Austin and Laura introduce our new forms and discuss which forms were updated. To conclude, they review how brokers and agents can limit their risk by usi...

This week, the Virginia REALTORS® legal team discusses the new laws passed in the 2018 General Assembly. Erin and Laura talk about what laws passed and how those changes could affect your business come July 1, 2018.

This week, the Virginia REALTORS® legal team celebrates a full year of Caveat REALTOR® by running through various updates in Virginia law. Austin and Erin also go through a greatest hits collection of Legal Hotline questions.

This week, the Virginia REALTORS® legal team discusses earnest money deposits. Laura and Jon talk about the risks involved for real estate licenses with regard to confirming that EMDs have been paid into escrow, particularly when it comes to the potential for identity theft. They also answer some questions from the legal hotline regarding how to handle EMDs both from the listing and buying sides o...