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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

Lowndes on

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

Carlton Fields on

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

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

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

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

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

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

Sheppard Mullin Richter & Hampton LLP

Kentucky Restricts Marketing for Non-Bank Entities and Provides Clarity in Residential Real Estate Transactions

On April 4, Kentucky enacted HB 88, which will amend laws related to unlawful trade practices, and prohibit entities that are not banks or trust companies from: - suggesting that they are engaged in banking or trust...more

International Lawyers Network

Buying and Selling Real Estate in Ukraine (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER UKRAINIAN LAW - І. Types and specifics of real estate in Ukraine - The main types of real estate in Ukraine are the following: • plots of land; • other objects...more

International Lawyers Network

Buying and Selling Real Estate in Michigan (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MICHIGAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offers to Purchase that are accepted by sellers are the typical form of purchase contract for residential properties....more

DarrowEverett LLP

Buyer’s Market? Real Estate Broker Verdict’s Effect on Marketplace

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A recent federal jury verdict in Missouri has gotten the attention of real estate industry professionals around the country. The jury in Sitzer v. National Association of Realtors et. al (Case No. 4:19-cv-00332-SRB) ordered...more

International Lawyers Network

Buying and Selling Real Estate in Massachusetts (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more

International Lawyers Network

Buying and Selling Real Estate in Latvia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER LATVIAN LAW - I. STANDARD FORMS OF AGREEMENT - A. Offer to Purchase sets forth Buyer's offer of price and date for closing. Seller may accept or reject. B. The purchase...more

International Lawyers Network

Buying and Selling Real Estate in Kenya (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER KENYAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. The transaction usually begins with a letter of offer from the seller setting out the purchase price, completion period,...more

International Lawyers Network

Buying and Selling Real Estate in Colombia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER COLOMBIAN LAW- 1. Standard Forms of Agreements to buy and sell Real Estate: Despite the existence of several types of agreements to implement real estate transactions in...more

International Lawyers Network

Buying and Selling Real Estate in Chile (Updated)

KEY ASPECTS OF REAL ESTATE ACQUISITIONS UNDER CHILEAN LAW - I. STANDARD FORMS OF AGREEMENTS - 1. Offer to Purchase: Offer to Purchase sets forth Buyer's offer of price, date for closing, contingencies for inspections,...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Québec (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (QUÉBEC) LAW - Unlike the other Canadian provinces and territories, which are all common law jurisdictions, Québec is a civil law jurisdiction. It is governed by the...more

International Lawyers Network

Buying and Selling Real Estate in Canada - Ontario (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER CANADIAN (ONTARIO) LAW - INTRODUCTION - Canada, a bijural country, utilizes both common and civil law. Except for Québec, a civil law jurisdiction, the common law operates...more

International Lawyers Network

Buying and Selling Real Estate in Austria (Updated)

Key Facts of Real Estate Acquisitions Under Austrian Law - I. Introduction - There are many considerations that a buyer/ seller of real estates should make before buying or selling a property. The following article is...more

Whitman Legal Solutions, LLC

Burnett v. NAR Verdict Won’t Immediately Change Broker Incentives

Like violin pedagogy, real estate brokerage commissions for home sales have followed a set practice for decades, even though it might not be the best arrangement for all involved. Sellers listed their homes with a real estate...more

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