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NAR on Fair Housing Issues and Corona Virus

By |2020-03-05T12:49:40-05:00March 5th, 2020|Legal FAQs|

https://www.nar.realtor/coronavirus-a-guide-for-realtors NAR says that you can ask about travel and signs of respiratory illness and refuse to drive consumers who may be at high risk for coronavirus due to travel or symptoms of respiratory illness but do this uniformly for all consumers. Example: NAR says that the coronavirus originated in China but do not violate [...]

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NAR on Coronavirus

By |2020-03-05T12:41:45-05:00March 5th, 2020|Legal FAQs|

Coronavirus Guidance for Associations and Members NAR is closely monitoring the coronavirus situation. Based on questions from association executives, we have formulated guidance for associations on staff travel, workplace precautions, meetings/events, and more. You can access the guidance here: https://www.nar.realtor/ae/coronavirus-a-guide-for-realtor-associations In addition, NAR is providing guidance for REALTORS® for use in their day-to-day business, including [...]

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Disclosing Condo Issues on SCR230 RPCDS

By |2020-03-05T12:30:12-05:00March 5th, 2020|Legal FAQs|

The SCR230 Residential Property Condition Disclosure Statement RPCDS can be a REALTORS® best risk management strategy. For risk management reasons, brokerages can always attempt to get the SCR230 into the transaction via the listing agreement and via the purchase agreement so that the SCR230 is used in transactions. https://www.screaltors.org/wp-content/uploads/Forms/230.pdf Recently this hypothetical was presented to [...]

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NAR/MLS Clear Cooperation Policy Addresses Abuses of Coming Soon Advertising

By |2020-03-03T14:22:21-05:00March 3rd, 2020|Legal FAQs|

If/when your MLS adopts a version of NAR's clear cooperation policy then you must input your listing into the MLS and you have one business day to input your listing into MLS unless you are only communicating your listing internally to your brokerage as an office exclusive. Sellers will no longer be able to simultaneously [...]

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Fair Housing: Potential Tenants with Felony Convictions

By |2020-02-27T13:08:17-05:00February 27th, 2020|Legal FAQs|

Risk management, consider evaluating the criminal conviction after the other rental evaluation (e.g., finances, rental history). The potential tenant might be rejected on financial and rental history without the need to take on the potential fair housing risks that can arise from rejecting on felony conviction. Video on this issue: https://www.youtube.com/watch?v=8EYIxNwXhos If asking a potential [...]

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REALTORS(R) Fight Homelessness

By |2020-02-21T10:17:59-05:00February 21st, 2020|Legal FAQs|

The 2020 SCR Housing Opportunity Committee (HOC) is seeking ideas on ways that SCR can help address homelessness in SC. SCR HOC member Peggy Hill mentioned that WUAR will host Rebuild Anderson on May 12th at the WUAR offices. This organization fundraises to repair low-income homes which helps the low-income homeowner remain in their home [...]

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Spanish Forms, Chinese, Korean, German, French, Other Languages

By |2020-02-21T09:36:56-05:00February 21st, 2020|Legal FAQs|

For quality assurance reasons and because lawyers can argue what the English words in the SCR forms mean so a translation would allow lawyers to argue even more in court, the SCR standard forms committee does not produce non-English language forms as a risk management strategy. SCR surveyed other states in the USA and no [...]

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Radon Webinars

By |2020-02-20T16:27:01-05:00February 20th, 2020|Legal FAQs|

We are excited to announce the addition of two free webinars taking place in March 2020. Registration link can be found in the attached announcement or by clicking this link: https://docs.google.com/forms/d/e/1FAIpQLScBWSbnoFS4edNP495ftMVgrJpuXL4MpjQvdc9UcY3cWw_ePw/viewform March 19, 2020 at 11:00 - 11:30 a.m. Eastern Standard Time Inspecting Radon Mitigation Systems Presenter: Bruce Snead, Director of Engineering Extension at Kansas [...]

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FAIR HOUSING: NAR FAIR HOUSING NEWS, ETHICS ARTICLE 10 TOUGHER WORDS

By |2020-02-20T14:29:53-05:00February 20th, 2020|Legal FAQs|

https://magazine.realtor/law-and-ethics/ethics/article/2020/01/the-code-toughens-its-words https://magazine.realtor/news-and-commentary/feature/article/2020/02/ohio-realtors-stand-up-for-lgbtq-rights Posted by: Byron King on 2/20/20 (This information is only accurate as of 2/20/20. You must contact SCR for updates and changes to this information after 2/20/20 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)

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Risk management – Changing standard forms – felony/lawsuit unauthorized practice of law

By |2020-02-20T14:16:32-05:00February 20th, 2020|Legal FAQs|

NAR article on Wyoming real estate licensee accused of the unauthorized practice of law (UPL) is a must-read for risk management. NAR ethics article 13 prohibits UPL. SC law makes UPL a felony crime. https://magazine.realtor/law-and-ethics/law/article/2018/10/can-you-change-that-contract [SC best practice:  don't strike pre-printed SCR forms language...don't add phrases or sentences...without calling legal counsel and/or the SCR legal hotline.  [...]

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