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Real Estate Brokers

Schwabe, Williamson & Wyatt PC

OP-ED: Understanding OREF C-501: The Common Template in Oregon

We recommend people engage an attorney to advise on the purchase and sale of commercial real estate. Many deals are completed without such counsel, though. Instead, they may involve a real estate broker who uses an Oregon...more

Lowndes

NAR Rule Changes and Their Impact on Buyers

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New rules from the National Association of Realtors (NAR), effective August 17, 2024, are reshaping real estate transactions. Stemming from a federal court ruling in October 2023, these changes aim to increase transparency...more

Lowndes

NAR Rule Changes and Their Impact on Sellers

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The real estate industry is experiencing significant changes following the implementation of new National Association of Realtors (NAR) rules, effective August 17, 2024. These changes, prompted by a federal court ruling in...more

Bennett Jones LLP

Open Your Wallets Wider! Increases to Alberta Land Transfer and Mortgage Registration Fees Coming October 20, 2024

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On September 27, 2024, the Government of Alberta announced that the fee increases foreshadowed in their spring budget will take effect on October 20, 2024, when the amendments to the Land Titles Act and the Tariff of Fees...more

Bennett Jones LLP

The Battle of Bona Fides: The Doctrine of Indefeasibility Revisited

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When it comes to registered title, we take comfort in it being right—its record, indefeasible. The land titles registry is the root of our confidence in the state of title. Registered instruments are, by virtue of their being...more

Carlton Fields

What the NAR Settlement and Real Estate Consumer Protection Enhancement Act Means for You

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In October 2023, the National Association of Realtors (NAR) was found liable by a federal jury of making home sellers pay excessive commission fees. Following a settlement between the NAR and the federal government, many new...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, Vol. XI (September 2024)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Cole Schotz

Buyer Beware: An update on the sweeping changes implemented by the National Association of Realtors and their potential...

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Major changes hit the U.S. housing market this past month that may lead to lower housing prices across the nation. These changes stem from a settlement agreement entered into by the National Association of Realtors (“NAR”),...more

Sheppard Mullin Richter & Hampton LLP

DC Attorney General Settles with Title Insurance Companies Over Alleged Kickback Scheme

On August 29, the DC Attorney General’s office announced settlements with four title insurance companies over their widespread use of illegal kickbacks in violation of DC’s Consumer Protection Procedures Act (CPPA). Under the...more

Whitman Legal Solutions, LLC

Confusion Abounds with Buyer Brokerage Agreements Post NAR Settlement

The real estate industry is experiencing a situation due to new rules relating to buyers’ brokers in residential real estate transactions. Earlier this year, facing a $1.8 Billion verdict, the National Association of Realtors...more

Flaster Greenberg PC

What You Need to Know About the Consumer Protection Enhancement Act

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In early July 2024, Governor Murphy signed Bill S3192/A4454, also known as the “Real Estate Consumer Protection Enhancement Act” (the “Act”), into law. The Act incorporates certain additional protections for consumers...more

Manatt, Phelps & Phillips, LLP

NAR Broker Commission Policy Change Following Antitrust Settlement

In 2019, home sellers brought a series of class-action lawsuits against the National Association of Realtors (NAR) and several national real estate brokerages, alleging that the defendants conspired in anticompetitive...more

Bricker Graydon LLP

[Event] September Bridge Series - September 5th, Cincinnati, OH

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Join us for the Good News in September as we celebrate the leadership and achievements within Greater Cincinnati's real estate community. We will spotlight the positive impact of real estate initiatives that are shaping our...more

Ward and Smith, P.A.

Commercial Real Estate Sellers: Hire Your Own Attorney!

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Does a seller of commercial real estate really need an attorney?  I get asked this question often, and the resounding answer is "yes!" Often, sellers of commercial real estate assume they can rely on the buyer's attorney or...more

Sands Anderson PC

Virginia Real Estate Law Updates for 2024

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Effective July 1, 2024, Virginia has implemented several significant changes to its real estate laws. In this year’s installment, tenants get a whole lot of protections (kind of), HOAs are put on a tighter leash, and brokers...more

Bennett Jones LLP

The Double Default Rule in Real Estate Transactions

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"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to...more

Wyrick Robbins Yates & Ponton LLP

Possible… but Practical? HUD’s New 12 Hour Cyber Incident Reporting Requirement for FHA-Approved Mortgagees

On May 23, 2024, the U.S. Department of Housing and Urban Development (“HUD”) issued requirements, effective immediately, for all FHA-approved mortgagees to report certain cyber incidents to HUD within 12 hours of detection....more

Bressler, Amery & Ross, P.C.

NJ Wage Payment Law Not Applicable to Real Estate Salespersons

On May 13, 2024, the New Jersey Supreme Court in Kennedy, II v. Weichert Co., (A-48/49-22) (No. 087975), N.J. (slip op.) held real estate salespersons to be independent contractors under certain circumstances. Specifically,...more

Cole Schotz

Key Ruling on Real Estate Broker Classification Announced by New Jersey Supreme Court

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The New Jersey Supreme Court recently held that an agreement between a real estate salesperson (i.e., a realtor) and a real estate broker designating the salesperson as an independent contractor is dispositive in determining...more

Greenbaum, Rowe, Smith & Davis LLP

NJ Supreme Court Holds That NJ Wage Payment Law is Inapplicable to Real Estate Salesperson Who Has Independent Contractor...

On May 13, 2024, the New Jersey Supreme Court issued its decision in a class action lawsuit known as James Kennedy, II v. Weichert Co., conclusively finding that for the purpose of determining whether a real estate...more

Jackson Lewis P.C.

Empowering Agent and Employee Wellness in the Real Estate Industry

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Wellness is important for a variety of reasons, not the least of which is that real estate agents and employees spend so much time at work. According to the U.S. Bureau of Labor Statistics, in 2022, full-time employees in the...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more

Patterson Belknap Webb & Tyler LLP

D.C. Circuit Rules that Justice Department Can Reopen Investigation of Realtors Group

On April 5, 2024, the D.C. Circuit ruled that the Justice Department’s Antitrust Division could reopen an investigation of allegedly anticompetitive practices of the National Association of Realtors (“NAR”). See Nat’l Ass’n...more

Bennett Jones LLP

Killing the Deal (Anticipatory Repudiation in a Real Estate Purchase)

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Once an agreement of purchase and sale for real estate is signed, the path to closing and the rules of closing are firmly engrained, both in the terms of the contract and in principles of law and equity. You don’t get to...more

Whitman Legal Solutions, LLC

Why the NAR Settlement Might Favor Sellers of High-Priced Homes

Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more

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