Law and Policy Headlines from REALTOR.org

Court Confirms Arbitration Award

Fri, 27 Jan 2012 08:39:38 -0600

Maine's highest court rules that challenger had failed to provide any basis for overturning the award.

Cooperating Broker's Commission Lawsuit Advances

Wed, 14 Dec 2011 16:44:51 -0600

New York court denies motion to compel arbitration but allows partial commission claim to go to the jury.

For AEs: Code of Ethics Training Toolkit

Fri, 18 Nov 2011 11:07:26 -0600

This new toolkit gathers the materials association executives need to help members fulfill the Code of Ethics Training Requirement by Dec. 31, 2012.

Shareholder Associations Remain in MLS Antitrust Lawsuit

Wed, 12 Oct 2011 13:09:30 -0500

A Michigan federal court determined that the allegations against shareholders of a regional multiple listing service were sufficient to survive motion to dismiss.

For AEs: How to Create A Local Ombudsman Program

Tue, 11 Oct 2011 12:21:32 -0500

A local ombudsman for associations acts as a communicator and can eliminate the need to file formal complaints or arbitration requests, saving time and money. Join a program Nov. 13 in Anaheim, Calif., to learn how to create an ombudsman program for your association.

Court Enforces Agreement Between Association, Member

Wed, 5 Oct 2011 09:00:59 -0500

A Pennsylvania court determined that a stipulation between parties required a broker to follow an association's rules and did not allow the member to not pay fees for his licensees' listings.

Landlords: Learn New Disclosure Rules

Mon, 19 Sep 2011 12:11:15 -0500

Landlord alert: Amendments to the Fair Credit Reporting Act require entities that take an "adverse action" based on a credit score in a transaction with a consumer (such as requiring a larger security deposit) to now disclose this fact to the consumer.

Learn More in Anaheim: Social Media Risks

Mon, 19 Sep 2011 12:10:43 -0500

Get a fresh look at social media risk management at the Risk Management & License Law Forum, with industry expert Bill Lublin. It's just one of 100 sessions offered at this year's REALTORS® Conference & Expo in Anaheim, Calif., Nov. 11-14.

Supreme Court to Hear Wetlands Case

Mon, 19 Sep 2011 12:10:23 -0500

The U.S. Supreme Court has agreed to review the decision of the Ninth Circuit Court of Appeals in Sackett v. U.S. Environmental Protection Agency. The Sacketts own a lot in Priest Lake, Idaho, where they started to build a home. However, the EPA ordered them to halt construction and restore wetlands to the site. NAR will file an amicus brief in the case.

NAR Enforces Trademark Rights

Wed, 7 Sep 2011 11:32:09 -0500

A court ruled that a brokerage violated federal trademark law when non-members used the REALTOR® mark, so it will consider the amount of damages that NAR is entitled to collect from the brokerage.

NAR Begins Refunding CIVIX Payments

Wed, 7 Sep 2011 11:31:50 -0500

Because NAR received payments in excess of $7.5 million, all entities who made a payment prior to the deadline will receive a refund from NAR that will equal 23 percent of the amount paid. NAR will begin processing refunds this week.

New FTC Rule May Impact Brokerages

Thu, 18 Aug 2011 15:51:49 -0500

New FTC Rule May Impact Brokerages

NAR Obtains Patent License from CIVIX

Thu, 18 Aug 2011 15:51:25 -0500

All REALTOR® associations, multiple listing services, commercial information exchanges, MLS system vendors, and real estate professionals are protected from patent infringement claims from CIVIX because NAR successfully met the $7.5 million milestone it needed to by the August deadline.

2011 Legal Seminar Registration Now Open

Thu, 4 Aug 2011 16:23:45 -0500

This one-day seminar for association legal counsel and association executives will provide valuable information about recent cases; updates on important new laws and policies; tips; and practical advice.

Ron Phipps: Why FTC MARS Decision Is a Win

Wed, 20 Jul 2011 11:28:39 -0500

NAR President Ron Phipps announces NAR's successful effort to prevent the FTC from enforcing provisions of its Mortgage Assistance Relief Services (MARS) rule against real estate professionals who help consumers obtain short sales. This is a win for REALTORS® and consumers.

FTC Announces MARS Enforcement Forbearance

Fri, 15 Jul 2011 16:16:25 -0500

NAR has made an important step in resolving the confusion caused by the Federal Trade Commission's (FTC) Mortgage Assistance Relief Services Rule (MARS) among real estate professionals who provide assistance to struggling homeowners in negotiating short sales with servicers on the sale of the home.

Short Sales Top Issue for 2011 Legal Scan

Thu, 7 Jul 2011 13:16:28 -0500

NAR's Legal Scan, a biennial research project focused on legal risks faced by real estate licensees, has found that short sales and foreclosures are the top individual issues this year. Collectively, agency issues, such as breach of fiduciary duty and dual agency, remain the ajor area of concern.

Defamation Case Against Brokerage Dismissed

Thu, 30 Jun 2011 13:22:26 -0500

New York's highest court ruled that the Communications Decency Act protected a firm from liability for third-party posts on its website.

Broker Awarded Entire Deferred Commission

Wed, 15 Jun 2011 11:25:45 -0500

Tennessee court rejects seller's argument that buyer's failure to make payments affected the broker's ability to recover its commission.

NAR/CIVIX Agreement Information

Fri, 27 May 2011 10:36:45 -0500

Learn the specifics about how your MLS can license the CIVIX patents. NAR's resources include a webinar and a resource page dedicated to the issue.
View the May 26 webinar >

Award to Brokerage Upheld

Wed, 27 Apr 2011 16:15:04 -0500

Federal appellate court finds evidence supported jury award against former salesperson for commissions paid to salesperson after he left the firm.

MLS Loses Appeal of FTC Order

Wed, 20 Apr 2011 08:43:14 -0500

Federal appellate court upholds agency's determination that a Michigan MLS had some anticompetitive policies.

Upcoming Training Seminar: Mediate, Don't Arbitrate

Fri, 15 Apr 2011 10:12:17 -0500

This acclaimed seminar, June 1-3, features NAR's finest instructors and a full day of interactive dispute resolution simulations, guided and critiqued by professional mediators.

Congress Repeals Additional 1099 Reporting by Landlords

Wed, 13 Apr 2011 16:15:16 -0500

New legislation eliminates 2010 changes to the law that would have increased the number of landlords required to file reports and the President will soon make the repeal final.

Frivolous Appeal Results in Sanctions

Tue, 12 Apr 2011 13:59:59 -0400

Federal appellate court rules that photographer's appeal of an adverse judgment on her claims of copyright infringement brought against a multiple listing service had no merit and so imposes sanctions.

County's Fee Deemed Unconstitutional Taking

Wed, 30 Mar 2011 08:50:11 -0500

A Montana court ruled that a county violated the Fifth Amendment when it required a developer to pay an assessment for its impact on a road without connecting the fee to a public benefit.

Court Rules Option Contract Irrevocable

Thu, 24 Mar 2011 10:42:29 -0400

(March 24) California's highest court reinstates a lawsuit by a developer, finding that the developer's efforts to obtain approval for division of property provided adequate consideration for an option contract.

Podcast: Short Sale Payoff Fraud

Wed, 16 Mar 2011 09:52:50 -0400

Freddie Mac investigator Robert Hagberg discusses some of the latest fraud schemes such as "flopping" and the involvement of real estate professionals.

Need to Update an Office Policy Manual?

Tue, 15 Mar 2011 14:16:32 -0500

Don't reinvent the wheel. Information Central updated its "Field Guide to Real Estate Office Policy Manuals," which includes tips, resources, templates, and dos and don'ts of creating office policy manuals.

Appraisers' Lawsuit Against Software Company Reinstated

Thu, 10 Mar 2011 10:51:09 -0600

A Federal appellate court ruled that appraisers had sufficiently plead facts demonstrating harm caused by a company's alleged false advertisements. The advertisements were about the confidentiality of appraisal information; the data was actually being resold.

Field Guide to Code of Ethics, Professional Standards Policy

Mon, 7 Mar 2011 10:58:26 -0600

This Field Guide provides quick links to essential information on NAR's 2011 Code of Ethics and Professional Standards Policy. Find out about the mandatory Code of Ethics training, Professional Standards Administrator training, and applying the Code of Ethics in real life.

Licensee Not Liable for Copyright Infringement

Thu, 3 Mar 2011 11:37:20 -0500

(March 2) A Nevada court determined that a real estate professional reproducing excerpts from a newspaper article in a real estate blog fell within the Fair Use doctrine and therefore did not expose the licensee to infringement claims.

Congress Narrows Red Flag Rules

Thu, 27 Jan 2011 09:24:06 -0600

Changes limit the impact of the controversial FTC rules on associations and MLSs.

2011 Insurance Documents Available

Tue, 18 Jan 2011 11:45:14 -0500

(Jan. 14) The 2011 NAR Professional Liability Insurance Program for associations and MLS executives is now available. New features include enhancements, such as electronic applications for excess coverage.

Jury to Consider Protection Clause Claims

Thu, 13 Jan 2011 13:12:07 -0600

A South Carolina court determined that a broker had set forth facts supporting her commission claims, so the case returns to a lower court.

Investor's Claims Against Brokerage Firm Fail

Thu, 13 Jan 2011 13:11:25 -0600

A Texas court rejected an argument that a brokerage had a duty to make a property available for the same terms as the original purchase.

Discipline of Licensee Upheld

Fri, 17 Dec 2010 10:34:16 -0600

An Ohio court affirmed revocation of license for not disclosing to a client that she could purchase a home for a third less than she planned to offer.

Association Dismissed from Forms Lawsuit

Fri, 17 Dec 2010 10:33:49 -0600

A California trial court ruled that a state association was not a party to the transaction and that a consumer had no cause of action against the association.

December Podcast: New Tax Reporting for Landlords

Wed, 15 Dec 2010 09:03:33 -0600

Attorney Jerome Geis discusses how changes to tax laws will affect all landlords.
More legal affairs podcasts >

Podcast: The Foreclosure Crisis & Title Insurers

Wed, 17 Nov 2010 16:08:13 -0600

Steve Gottheim, attorney for ALTA, discusses the issues that the foreclosure crisis has raised for title insurers.

Mediation Training Seminar in Chicago

Wed, 17 Nov 2010 13:18:00 -0600

This acclaimed, two-and-a-half-day December seminar features NAR's finest instructors and one full day of interactive dispute resolution simulations, guided and critiqued by professional mediators. The fee for the seminar, held at NAR's headquarters in Chicago, is only $150.
Mediation Resources: 11 videos to help you resolve disputes >

HUD Clarifies Listing of Broker Charges on HUD-1

Wed, 17 Nov 2010 14:13:50 -0600

Letter states that RESPA does not prohibit charging both a flat fee and a commission to consumers for brokerage services.

Video: Protect the Value of the REALTOR® Trademark

Wed, 17 Nov 2010 10:04:55 -0600

A REALTOR® isn't "just another real estate agent" -- being a REALTOR® means more! The REALTOR® trademark is a valuable membership benefit that distinguishes members from others in the real estate business. Watch this video to learn how you can protect the value of the mark by using it properly.

2010 Legal Seminar Notebook

Mon, 8 Nov 2010 14:53:59 -0600

Review the materials distributed at this year's seminars, including links to other resources related to the presentations.

Short Sale Lawsuit Reinstated in Calif.

Thu, 21 Oct 2010 11:28:23 -0500

California appellate court rules that a licensee may have a duty to disclose to the buyer that the seller will need a short sale to close.

NAR/ARELLO Consumer Education Article

Fri, 15 Oct 2010 15:24:21 -0500

NAR has collaborated with ARELLO to create an article explaining the difference between a REALTOR® association and a real estate commission.

NAR Awarded Domain Names

Thu, 14 Oct 2010 12:32:21 -0500

An administrative law judge determined that a member registered two domains containing the word "REALTOR" in bad faith.

REALTOR® Association vs. Real Estate Commission

Thu, 14 Oct 2010 12:31:47 -0500

A new article by NAR and ARELLO explains the difference between a REALTOR® association and a real estate commission. Association executives may distribute the information to consumers.

Summary of Federal Privacy Laws

Thu, 30 Sep 2010 09:29:50 -0500

Read a quick summary with a compilation of links about the federal laws regulating telephone, email, and fax solicitations.

Duty to Arbitrate Upheld

Thu, 23 Sep 2010 16:03:53 -0500

New Jersey court finds that duty to arbitrate commission disputes was not avoided through the adding of noncontract claims to lawsuit.

September Podcast: Short Sale Risks

Wed, 8 Sep 2010 10:05:26 -0500

Attorney Howell Haunson discusses some of the legal risks that a licensee may face during a short sale.

Association Arbitration Process Upheld

Wed, 1 Sep 2010 16:12:10 -0500

(Sept. 1) Indiana appellate court rules that the association had arbitral immunity from litigation, and there was no duty appoint a representative peer panel.

Salesperson Denied Commissions

Thu, 26 Aug 2010 11:27:29 -0500

Pennsylvania bankruptcy court rules that licensee could not receive commissions because she was not licensed as a broker.

No Duty to Verify Property Zoning

Thu, 12 Aug 2010 11:43:28 -0500

Florida federal court determines that salesperson had no obligation to determine whether property's zoning was suitable for developer's intended use.

Colorado Broker Not Liable for Misrepresentation

Tue, 10 Aug 2010 13:44:26 -0500

Colorado court finds that buyers knew inspector had not conducted a mold investigation and there was no duty to recommend further pest inspections.

No Taking Found in Florida Case

Tue, 10 Aug 2010 13:44:07 -0500

U.S. Supreme Court determines that the government's adding sand to beaches did not constitute a taking of the adjoining owners' property rights.

'Make Our Marks Remarkable' Video

Mon, 28 Jun 2010 16:48:19 -0500

Watch a three-minute educational video to learn how you can protect the value of the REALTOR® mark by using it properly.

New Arbitration Search Tool

Mon, 28 Jun 2010 16:19:26 -0500

Visit the new streamlined search page to easily locate arbitration case summaries on realtor.org, organized by both jurisdiction and by case type.

Transaction Broker Avoids Liability

Wed, 16 Jun 2010 15:58:34 -0500

Colorado court rules in misrepresentation lawsuit that broker did not have a duty to investigate whether property qualified for owner's intended usage.

June Podcast: Social Media Risk Management

Wed, 9 Jun 2010 12:15:32 -0500

NAR Risk Management Committee chair James "J.T." Tsighis discusses newly created template for brokerages.

Chinese Drywall Update

Fri, 4 Jun 2010 14:50:14 -0500

Read an insert to an environmental law book providing background on this new issue.

No Commission from Seller to Cooperating Broker

Wed, 2 Jun 2010 08:54:11 -0500

Missouri court rejects broker's commission claims from seller for introducing buyer to the property.

Census Workers Contacts of Brokers and Agents

Wed, 26 May 2010 16:55:57 -0500

Learn what is required if a listing broker is contacted by a Census worker about a property listed for sale with the broker.

MLS Not Liable for Copyright Infringement

Wed, 26 May 2010 13:10:53 -0500

Florida federal court rules that use of photo did not violate photographer's copyright.

Create a Social Media Usage Policy

Tue, 25 May 2010 16:25:46 -0500

Download a template created by NAR's Risk Management Committee to help your firm design a policy for social media usage.

RESPA Lawsuit Against Brokerage Dismissed

Wed, 19 May 2010 10:08:37 -0500

Ohio federal court rules that buyer failed to allege an improper payment in his lawsuit and so there were no violations of RESPA.

May Podcast: Fair Housing

Wed, 5 May 2010 13:11:37 -0500

Two experts on fair housing compliance provide a preview of their upcoming session at NAR's Midyear meetings.

Large Verdict in Drywall Case

Wed, 28 Apr 2010 15:44:48 -0500

New Orleans court orders removal of defective drywall and replacement of areas corroded by the drywall, such as the electrical and HVAC systems.

2010 Midyear Risk Management and License Law Forum: How to Limit Fair Housing Liability

Wed, 21 Apr 2010 14:52:17 -0500

2010 Risk Management Forum will present a panel describing the best practices for fair housing compliance at NAR's Midyear Meetings on May 12 at 8 a.m.

April Podcast: Mortgage Assistance Company Rules

Wed, 21 Apr 2010 14:38:14 -0500

FTC attorney Laura Sullivan discusses the agency's proposed regulations for those who offer this service to consumers.

Fraud Overrides Homestead Exemption

Wed, 14 Apr 2010 14:36:35 -0500

Florida federal court determines that receiver can seize property because owner used proceeds from her boyfriend's Ponzi scheme to finance property.

Trade Practices Law Applies to Broker-Owned Home

Wed, 7 Apr 2010 10:04:37 -0500

Tennessee's highest court has considered whether the state's Consumer Protection Act applied to real estate professionals selling their principal residence.

Unhappy Buyers Cannot Rescind Purchase Agreements

Wed, 24 Mar 2010 16:23:26 -0500

New York federal court rules that a law which applies to large developments did not allow purchasers who changed their minds to void their contracts.

Franchisor Collects Damages from Former Franchisee

Wed, 17 Mar 2010 16:19:17 -0500

New York court makes an award to Century 21 after its former franchisee continued to promote itself as a franchise office following termination.

Broker Has No Duty to Resolve Commission Dispute

Wed, 3 Mar 2010 14:51:57 -0600

New York court rules that broker did not have an obligation to address commission claims made by previous broker.

No Duty to Disclose Prior Purchase

Wed, 24 Feb 2010 13:54:05 -0600

(Feb. 24) Missouri court rules that seller bank had no duty to inform buyer that city had previously purchased a portion of the property.

No RESPA Violation for Closing Discount

Wed, 17 Feb 2010 12:41:03 -0600

Federal appellate court affirms ruling that offering a discount to buyer if the buyer uses the developer's lender does not violate RESPA.

February Podcast: Soft Money Restrictions Lifted

Thu, 28 Jan 2010 09:58:44 -0600

NAR Associate General Counsel Ralph Holmen reviews the impact of the Supreme Court decision.

Impact of Citizen's United

Wed, 27 Jan 2010 10:00:22 -0600

NAR Legal Affairs analyzes how the decision will affect REALTORS® and member associations.

Court Eliminates Corporate Campaign Finance Ban

Wed, 27 Jan 2010 09:59:37 -0600

Supreme Court rules that corporations have First Amendment rights to participate in federal election campaigns by making "independent expenditures."

Rehabilitation Act Covers Independent Contractors

Wed, 20 Jan 2010 08:40:26 -0600

Creating a circuit split, Ninth Circuit rules that the Act protects independent contractors as well as employees.

IRS Requires Reporting of Cooperative Commissions

Thu, 7 Jan 2010 08:59:29 -0600

Listing brokers are required to file a 1099-MISC for all real estate commission payments made in excess of $600.

Broker Wins Commission Lawsuit

Wed, 6 Jan 2010 08:58:52 -0600

Wyoming's highest court awards broker both the commission and attorney's fees in a case involving the sale of a ranch to the military.

Federal Court Upholds Ordinance

Wed, 30 Dec 2009 16:31:25 -0600

Association's challenge to inspection ordinance is rejected.

Borrower's Lawsuit for RESPA Violations Reinstated

Wed, 9 Dec 2009 16:47:15 -0600

Federal appellate court allows lawsuit over lender's requirement that PMI carriers had to use its reinsurance subsidiary to continue.

2009 Legal Seminar Notebook

Mon, 16 Nov 2009 10:12:50 -0600

Access the seminar presentations and documents on litigation, association policy, legislation/regulation and much more.

RE/MAX Wins Trademark Infringement Lawsuit

Mon, 16 Nov 2009 10:12:07 -0600

Texas federal court determines that competitor's mark created a likelihood of confusion among consumers.

FTC Reverses Realcomp Decision

Mon, 16 Nov 2009 10:11:25 -0600

The agency's commissioners overrule administrative law judge, finding that the MLS's rules are anticompetitive.

November Podcast: Imported Drywall

Wed, 4 Nov 2009 12:23:02 -0600

Florida attorney David Durkee discusses this emerging problem area.

Lawsuit Over Disclosure of Taxes Continues

Wed, 28 Oct 2009 14:50:34 -0500

Federal appeals court reverses lower court's ruling in favor of the brokerage because there were fact issues that a jury needed to resolve.

Broker Collects Commission Despite Foreclosure

Wed, 21 Oct 2009 14:33:42 -0500

South Carolina court rules that right to commission existed at the time the parties executed the commission agreement.

Broker's Attempt to Recover Marketing Costs Denied

Thu, 1 Oct 2009 16:54:49 -0500

California bankruptcy court rules salesperson earned commissions after the bankruptcy filing and so the court refuses to lift the automatic stay.

Lawsuit over Square Footage Proceeds

Wed, 16 Sep 2009 14:08:19 -0500

Oklahoma's highest court reinstates lawsuit alleging that broker and owner committed fraud by providing inaccurate measurements.

Bankruptcy Basics for Associations

Wed, 2 Sep 2009 13:21:43 -0500

Read a Q&A discussing the issues that a REALTOR® association may face if a member files for bankruptcy protection.

Class Action Rejected in Mapping Patent Lawsuit

Mon, 24 Aug 2009 16:39:25 -0500

California federal court rules that proposed classes of defendants are not appropriate for class certification.

Supreme Court Defines Regulatory Limits of OCC

Thu, 16 Jul 2009 16:51:42 -0500

Court determines agency exceeded its authority in its attempt to prevent New York from enforcing its fair housing laws against national banks.

2009 Legal Scan Now Available

Mon, 6 Jul 2009 10:14:35 -0500

Read the latest version of this biennial research project undertaken by NAR Legal Affairs to identify and analyze emerging legal issues and trends.

No Challenge to Arbitration Order Allowed

Mon, 6 Jul 2009 10:11:06 -0500

Iowa court refuses consider appeal of an order sending dispute between two REALTORS® to arbitration.

Contract Contingency Costs Broker Commission

Wed, 10 Jun 2009 15:43:35 -0500

New Jersey court rules that because the contingency was not satisfied within protection period, the brokerage could not collect its commission.

Model Letter for MLSs to Enforce New Membership Requirement

Tue, 9 Jun 2009 14:15:45 -0500

NAR has created a letter that MLSs can use when contacting participants who may not meet the requirements of the new rule.

Court Upholds Discipline of Licensees

Wed, 27 May 2009 14:18:24 -0500

New York court finds administrative judge acted properly in imposing sanctions for a transaction involving a variable commission rate.

"No Listing" Agreement Not a Listing

Wed, 20 May 2009 16:12:43 -0500

Iowa court rules that seller and broker's agreement to not list property for sale created a contract that was not an enforceable listing agreement.

Fraud Alert

Tue, 19 May 2009 14:47:08 -0500

The Treasury Department has alerted NAR to a scheme in which individuals try to buy real estate with fake promissory notes and bonds.

Price Increase or Unearned Fee? How to Protect Your Bottom Line

Mon, 4 May 2009 15:39:33 -0500

A federal district court recently ruled that an administrative brokerage fee (ABC Fee) paid by a home buyer to the brokerage firm that represented her was not sufficiently related to any specific settlement service performed for her benefit, resulting in a violation of Section 8(b) of the Real Estate Settlement Procedures Act (RESPA).

Tenant's FHA Lawsuit Proceeds

Fri, 24 Apr 2009 12:13:31 -0500

Minnesota federal court allows action alleging race and familial status discrimination against landlord to continue.

Association Ordered to Hold New Election

Wed, 1 Apr 2009 12:34:22 -0500

New York court finds the way that the association conducted the first election required a second election.

April Podcast: Legal Tools, Right Now!

Wed, 1 Apr 2009 12:34:01 -0500

NAR General Counsel Laurie Janik identifies the legal resources available to members for free or at cost on realtor.org.

No Liability for Client's Injuries

Thu, 26 Mar 2009 16:37:31 -0500

Indiana court dismisses lawsuit against owner and real estate professionals for injuries suffered when client fell down basement's unlit stairs.

Challenges to Scrap Metal Ordinance Denied

Wed, 18 Mar 2009 15:34:09 -0500

In a case where NAR filed a brief in support of the law, a federal court rejects constitutional arguments against Memphis's regulations.

March Podcast: Marcel Bryar

Wed, 4 Mar 2009 09:38:23 -0600

Fannie Mae Deputy General Counsel discusses the challenges the agency faces in the current housing market.

Licensees Disciplined in Downpayment Scheme

Thu, 26 Feb 2009 15:32:27 -0600

Mississippi court affirms sanctions against licensees for role in arranging financing.

DOJ Subpoena Reimbursement Fund

Wed, 4 Feb 2009 10:47:43 -0600

NAR Legal Action Committee will consider the fees incurred by REALTOR® firms, MLSs, and REALTOR® associations at NAR's Midyear meetings.

Sample VOW License

Thu, 29 Jan 2009 14:58:38 -0600

NAR has drafted a sample license agreement for use by MLSs to license a data feed to a MLS participant's VOW.

Attorney Can Terminate Contract for No Reason

Wed, 28 Jan 2009 14:55:30 -0600

New York's highest court rules that attorney review clause can be used to disapprove a purchase agreement without the attorney specifying a cause.

Landlord Wins FHA Lawsuit

Wed, 21 Jan 2009 14:54:36 -0600

Michigan court rejects disabled applicant's lawsuit over landlord’s denial of his request for an accommodation despite his poor credit history.

January Podcast: MLS Compliance with RETS

Wed, 14 Jan 2009 14:59:13 -0600

Mark Lesswing, NAR’s Chief Technology Officer, discusses this new requirement for REALTOR® MLSs.

Challenge to Association Arbitration Rejected

Fri, 9 Jan 2009 08:49:40 -0600

A Massachusetts court has denied a member's lawsuit over alleged deficiencies in an arbitration hearing conducted by a REALTOR® association. Please note: The following link is to a member-only area of the site.

Insurance Program Documents Mailed to Associations

Wed, 31 Dec 2008 14:56:03 -0600

The 2009 policy and other documents for NAR's Professional Liability Insurance Program REALTOR® associations will be mailed to associations starting on January 5th.

IRS Requires Reporting of Cooperative Commissions

Mon, 29 Dec 2008 14:55:29 -0600

Listing brokers are required to file a 1099-MISC for all real estate commission payments made in excess of $600.

Broker Liable for Inaccurate Garnishment Responses

Thu, 18 Dec 2008 14:54:52 -0600

Nebraska's highest court affirms award because broker should have known that salesperson had closings scheduled during the next sixty days.

Model Governance Policies for REALTOR® Associations

Mon, 1 Dec 2008 14:54:24 -0600

Associations are adopting policies in preparation for the new Form 990- click below to view the policies that other associations have already contributed.

NAR-DOJ: Final Settlement Details

Thu, 20 Nov 2008 10:06:19 -0600

Important changes to NAR MLS policies and model rules require action by all MLSs no later than February 15, 2009.

Broker Liable for Inaccurate Garnishment Responses

Wed, 12 Nov 2008 10:07:46 -0600

Nebraska's highest court affirms award because broker should have known that salesperson had closings scheduled during the next sixty days.

Antitrust Lawsuit Against Association Dismissed

Wed, 29 Oct 2008 10:36:13 -0600

Texas federal court rules that former member's lawsuit failed to allege any harm to competition.

Broker Denied Insurance Coverage

Wed, 15 Oct 2008 10:34:44 -0600

Idaho federal court rules that carrier had no duty to defend or indemnify broker because lawsuit's allegations were barred by the policy's exclusions.

October Podcast: Broker Price Opinions ("BPOs")

Wed, 15 Oct 2008 10:31:33 -0600

REALTOR® Pamela Kinkade discusses the potential risks for real estate professionals when engaging in this activity.
Listen now >

NAR Monitoring Carrier Status

Mon, 22 Sep 2008 10:30:46 -0600

View latest information about Professional Liability Insurance Program carriers.

FDIC Insurance Information

Wed, 8 Oct 2008 10:29:19 -0600

Learn how this insurance protects your bank accounts, including escrow accounts.

Association Overturns City Housing Plan

Wed, 3 Sep 2008 10:28:14 -0600

Idaho court rules that ordinances requiring developers to set aside units for affordable housing or pay a fee to a housing fund were unconstitutional.

Episode 17: Marx Sterbcow on RESPA Enforcement

Wed, 3 Sep 2008 10:24:56 -0600

Attorney Marx Sterbcow discusses recent investigations by HUD.

Buyer's Fraud Lawsuit Fails

Wed, 3 Sep 2008 10:23:11 -0600

South Carolina court rules that inspection put purchaser on notice of possible problems and so seller’s incomplete disclosure form was not an issue.

Episode 16: Laurie Janik on the DOJ Settlement

Wed, 6 Aug 2008 10:22:01 -0600

NAR General Counsel Laurie Janik explains the details of the agreement and its impact on multiple listing services.

Ethics Training Quick Reference Guide

Fri, 1 Aug 2008 10:19:50 -0600

Before 12/31/08, every NAR member is required to complete 2.5 hours of Code of Ethics training. Here's a one-stop tip guide for taking the free, online course.

Salesperson Sued by Drunken Snowmobiler

Wed, 30 Jul 2008 10:21:09 -0600

Minnesota court considers lawsuit arising from injuries suffered when driver hit salesperson's sign.

Association Awarded Legal Fees

Wed, 30 Jul 2008 10:18:59 -0600

Indiana court rules that member's judicial challenge to an ethics hearing was frivolous.

Short Sale Work Flow Report

Fri, 18 Jul 2008 10:18:00 -0600

See the new educational tool from NAR's Risk Management Committee that is designed to provide an overview of a short sale transaction.

Episode 15: Raymond Natter on New FACT Act Regulations

Wed, 9 Jul 2008 10:17:01 -0600

Attorney Raymond Natter discusses how these regulations will impact real estate brokerages.

Broker's Duties Established in Statutory Language

Wed, 18 Jun 2008 10:15:59 -0600

Florida court rejects argument that licensee is subject to common-law agency duties when there is no representation agreement between the parties.

Episode 14: John Pierpoint and Karen Paschal on Form 990

Tue, 10 Jun 2008 10:14:38 -0600

Learn about the revisions to the tax form filed by section 501(c)(6) trade associations.

Advertising Website Does Not Need License

Wed, 14 May 2008 10:13:40 -0600

New Hampshire federal court rejects website's First Amendment challenge to state's license laws, finding these laws did not apply to the website.

REALTOR® Arbitration Process Upheld

Wed, 7 May 2008 10:12:14 -0600

New Jersey appellate court reverses lower court's vacation of award.

Episode 13: Robert A. "Bob" Marske Economic Census

Wed, 7 May 2008 10:11:03 -0600

Learn why the financial reporting form from the U.S. Census Bureau is important.