Caveat REALTOR®

This week, the Virginia REALTORS® legal team discusses how the VREB regulations affect advertising. Laura and Jon talk about the distinction between print and electronic advertising, and the different disclosures required for each. They also answer some legal hotline questions regarding advertising, social media, and text messages.

This week, the Virginia REALTORS® legal team explores the topic of real estate and the military. In recognition of Memorial Day weekend, Jon and Austin talk about the unique issues faced by both military members and real estate professionals when it comes to finding a home.

This week, the Virginia REALTORS® legal team discusses real estate Teams. Erin and Laura talk about what is a real estate team and changes to the laws in the most recent general assembly that will affect these Teams. They also answer some legal hotline questions, such as “What are the advertising regulations for Teams?” and “Can my broker pay my Team directly?”.

This week, Virginia REALTORS®’s legal team discusses the ways that intellectual property law affect REALTORS®. Erin and Jon discuss copyright and trademark law and how each can directly affect your work as a real estate professional. They also address legal hotline questions regarding MLS photographs and the proper use of the REALTOR trademark.

This week, the Virginia REALTORS® legal team explores the topic of real estate compensation, specifically brokerage commissions. Erin and Jon talk about how Virginia regulations governs what you can and cannot pay to non-licensed assistants, and they discuss why money paid to licensees must flow through the broker. They also answer some real-life questions from the Legal Hotline and explain how yo...

This week, the Virginia REALTORS® legal team completes a two-part series on RESPA by discussing kickbacks and referrals. Jon and Erin talk about the six forms of permissible compensation under RESPA, and how the Prospect Mortgage case has changed the regulatory landscape. They also answer some legal hotline questions, such as “Can I offer to contribute money to a charity of the person’s choosing i...

This week, the Virginia REALTORS® legal team discusses affiliated businesses and how they work in the context of RESPA. Laura and Jon examine how Congress carved out an exception to RESPA for these business arrangements, provided that they meet a three-part test. They also answer Legal Hotline questions, including the disclosures a broker must make when she owns a percentage of a title insurance a...

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This week, the Virginia REALTORS®’s legal team discusses the history of the Fair Housing Act. With the celebration of the 50th anniversary of the Fair Housing Act, Erin and Austin discuss how we got to where we are today. They discuss the history of both the federal Fair Housing Act and the Virginia Fair Housing Act.

This week, the Virginia REALTORS®’s legal team discusses net neutrality. Austin and Laura discuss the concept of net neutrality and how recent federal regulatory decisions might impact that going forward. They also touch on how these changes might affect the real estate industry, as internet service providers could create new pricing structures that could cost brokerages more money to provide high...

This week, the Virginia REALTORS® legal team discusses the difference between independent contractor relationships and limited service agreements. Erin and Jon talk about the duties owed by real estate licensees to their clients in each of these situations, and how the relationships differ in significant ways. They also answer some legal hotline questions, such as “Can my firm offer both full- and...

This week, the Virginia REALTORS® legal team discusses incapacitated clients and how that incapacity affects real estate deals. Erin and Cate discuss how age, mental capacity, and intoxication affect the ability of clients to enter into binding agreements in Virginia. They also answer some legal hotline questions, including one where a client is diagnosed with Alzheimer’s Disease prior to ratifica...

This week, the Virginia REALTORS® legal team discusses mediation versus litigation in real estate disputes. Laura and Austin talk about the differences between formal (litigation) and informal (mediation) resolutions to disputes in the court system, and they discuss how Virginia REALTORS® forms address this issue. They also answer some legal hotline questions such as, “What’s the point of going to...

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...