Newly Amended Dual Agency Disclosure Law: Much Ado About Nothing
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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