Legal FAQs

/Legal FAQs

Always Use the LLR Form (Real Estate Relationships, aka Agency Brochure)

By |2019-04-15T08:46:12-05:00April 15th, 2019|Legal FAQs|

Any consumer that you have substantive contact with: always explain and get this form SCR115 executed: https://www.screaltors.org/wp-content/uploads/Forms/115.pdf https://www.llr.sc.gov/pol/rec/recpdf/SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf (29) "Substantive contact" means contact in which a discussion or dialogue between the consumer and the associated licensee moves from casual introductory talk to a meaningful conversation regarding the selling or buying motives or objectives of the [...]

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Question #17 on Seller Disclosure, Always Yes

By |2019-04-10T15:41:13-05:00April 10th, 2019|Legal FAQs|

Question #17 on SC's Residential Property Condition Disclosure Statement (aka the seller's disclosure) asks about EASEMENTS such as access easements, conservation easements, utility easements, other easements; and along with questions about party walls, shared private driveways, private roads, mineral rights, encroachments onto the property, and encroachments onto neighboring properties. https://www.llr.sc.gov/POL/REC/RECPDF/Property%20Condition%20Disclosure%20Statement.pdf Properties have easements, especially utility [...]

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Behave in Listings, Surveillance (Cameras/Microphones), Secure Valuables, Secure Listings

By |2019-04-04T11:01:08-05:00April 4th, 2019|Legal FAQs|

Unfortunately, a handful of buyers and buyers reps sometimes misbehave in listings. #1 issue, bathroom break then hunt for opioid pain killers. Some thoughts. Always tell buyers to assume surveillance and behave in listings. Never discuss confidential information when surveillance is possible. Cameras and microphones are so small now. Cameras are legally safer than microphones. [...]

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Listing Rep Receive and Offer/Countoffer, Present to Seller, Respond to Buyer

By |2019-04-03T15:43:32-05:00April 3rd, 2019|Legal FAQs|

Listing Reps who receive a written offer or counteroffer from a buyer or buyer offer should timely and properly present the offer to the seller. Buyer Reps should always put offers and counteroffers in writing. REO servicer/sellers often are dealing with thousands of REO properties across the USA and rely on technology such as offer [...]

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Initial SCR310 Pages and Copy Full Sentence into the SCR506/SCR507

By |2019-03-21T15:53:42-05:00March 21st, 2019|Legal FAQs|

SCR310 Section 28 states that the most recent changes, amendments, attachments, contingencies, stipulations, addendum, additions, exhibits, or writings agreed to by the Parties is evidence of the Parties' intent and agreement and shall control any Contract language conflicts. Parties shall initial and date Contract changes. Parties can initial all SCR310 pages. Changes on the SCR310 [...]

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NAR White Paper on Animals: Pets, Service, Comfort, Emotional Support, Comfort, Therapy

By |2019-03-12T14:22:53-05:00March 12th, 2019|Legal FAQs|

Call SCR hotline if you have an animal issue. The laws in South Carolina are not settled. Don't be the test case unless you want to be the test case. NAR "The Hub" has a White Paper on this issue. SCR has a video from SC Human Affairs Commission at the SC REALTORS Youtube channel. [...]

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Potential Considerations for Advertising Using Enhanced/Altered Images

By |2019-03-12T13:40:05-05:00March 12th, 2019|Legal FAQs|

New technology to alter/enhance listing photograph images is becoming less expensive and easier to use, but the risks remain under license law and NAR ethics on advertising and lawsuits. To help build a potential defense to an accusation of deceptive or misleading images, here are some ideas for listing REALTORS®. 1. Display actual images "side [...]

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NAR Reports Wire Fraud Scam Now Expanding to Courier Services

By |2019-03-12T11:47:18-05:00March 12th, 2019|Legal FAQs|

NAR reports the wire fraud email hacking scheme that sends fake wiring instructions to the buyer or law firm or other victim has a new issue. NAR reports the crooks are now sending fake wiring instructions that appear to be pertinent to an eminent real estate deal both via hacked/mimicked email addresses and via paper [...]

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Emotional Support Comfort Animal Bites Bystander, Owner and Related Businesses get Sued

By |2019-03-01T12:36:32-05:00March 1st, 2019|Legal FAQs|

https://www.sacbee.com/news/nation-world/national/article226921079.html ‘Emotional support’ pit bull attacked 5-year-old girl at Oregon airport, lawsuit says BY DON SWEENEY FEBRUARY 28, 2019 09:05 AM, UPDATED FEBRUARY 28, 2019 09:05 AM When 5-year-old Gabriella Gonzalez spotted a dog at the Portland, Oregon, airport in December 2017, she asked permission to pet it, The Oregonian reported. But the dog, reportedly [...]

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Listing Agreement Requires Seller Disclosure

By |2019-03-01T12:33:20-05:00March 1st, 2019|Legal FAQs|

Section #9 of SCR220 ERTS listing agreement requires the seller to disclose defects and keep the seller disclosure completed and updated. Also, the listing agreement allows the brokerage to sue the seller for related damages and receive indemnification from the seller. PROPERTY INFORMATION/SELLER'S PROPERTY DISCLOSURE STATEMENT: Owner warrants that, to Owner's knowledge, there are no [...]

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