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Articles relating to "Florida Realtors Legal News":

Is a general inspection of the property enough? (6/14/2017)
All Florida Realtors’ residential contracts contain language regarding the buyer’s ability to conduct an inspection, but it’s not quite that simple – and the clock is ticking.

Zillow Instant Offers Q&A: What you should know (6/14/2017)
NAR has received many calls from local and state Realtor associations about Zillow’s recent “Instant Offers” announcement. What is it? Why did Zillow roll out this new program? Does the Realtor association have an opinion?

Help find a dream community without breaking the law (6/14/2017)
There’s a fine line between “advising” and “unlawful conduct” under the Fair Housing Act, and it’s easy to accidentally violate the Act if buyers want neighborhood recommendations. The penalty for a mistake? It could set you back $19,000 or more.

FREC swaps its two-day meeting agenda (6/14/2017)
Planning to attend a FREC meeting? The Florida Real Estate Commission continues to meet on the third Tuesday and Wednesday each month, but each day’s agenda switches starting now.

Warning: Don’t get between sellers and another listing company (6/14/2017)
A seller has a listing agreement with a competitor and asks you to look it over. Should you? Short answer: No. Advising the seller about rights and obligations could be an ethical violation and even illegal as an unauthorized practice of law.

Where does a listing go once it’s in the MLS? Syndication 2.0 (5/30/2017)
Ever discover one of your listings on a real estate website and wonder how it got there? Is it legit? Did you do something automatically? Do you want it there?

Conditional vs. unconditional termination: What’s the difference? (5/30/2017)
The Florida Realtors Modification to Listing Agreement provides two options for parties who agree to an early termination of the listing agreement.

You find this buyer purchase contract clause confusing (5/30/2017)
In the Florida Realtors/Florida Bar contract, paragraph 8(a) doesn’t stop the buyer from applying for a mortgage. If 8(a) is selected rather than 8 (b), however, it puts the buyer’s deposit at risk if he can’t close the transaction because of funding.

Should landlord evict tenant with new roommates? (5/30/2017)
A man planning to live alone signs a lease, but a short while later a second person with a small child moves in. Is the property manager stuck with this new and unexpected arrangement, or does he have other options?

How do proxies work with condo association votes? (5/30/2017)
Condo Q&A: Under Florida law, condo owners can’t use a general proxy, which would empower the proxy holder to use discretion when voting. Also: Could an over-18-only rule over pool use run afoul of the Fair Housing Act?

What should you do about medical marijuana? (5/10/2017)
The use of medical marijuana is illegal at the federal level, approved in limited form at the state level and, as a fair housing concern, confusing on every level. What should a property manager or real estate investor in Florida do?

Escrow fights: A need-to-know about interpleader actions (5/10/2017)
When two parties fight over escrow funds, the person holding the money is caught in the middle. In an interpleader action, the escrow holder turns the money over to the courts, making it a civil action. The downside? Attorneys’ fees and court costs.

FREC to consider new ad rules for real estate teams (5/10/2017)
On May 23, 2017, at 1 p.m., an open Florida Real Estate Commission workshop in Orlando will focus on possible rule requirements for team advertising under Rule 61J2-10.025.

Open house? Take precautions to limit liability (5/10/2017)
What if you host an open house and someone gets hurt? Even if you’re not found liable, a lawsuit consumes time and money. The good news: There are several precautions brokers and associates can take to minimize open-house risk.

Complaints happen. How you deal with it counts. (4/27/2017)
At times a customer will complain, and while it should be a rare occurrence for conscientious, detail-minded agents, the complaint is usually less important than the way it’s handled. Top recommendation: Create a standard office policy.

That’s unethical! But is it? (4/27/2017)
People sometimes behave badly, but not every questionable behavior violates the Realtor Code of Ethics. It’s not enough to get angry and say: “That’s not right.” To be a violation, the Realtor Code of Ethics must specifically address the issue.

Fee vs. deposit: What’s the difference? (4/27/2017)
Have you ever seen someone reference a “nonrefundable deposit” and wonder whether it’s a deposit or a fee? “Nonrefundable deposit” doesn’t make much sense to those of us working Florida Realtors Legal Hotline either.

Can the seller terminate my listing agreement? (4/27/2017)
What are the broker’s rights if a seller wants to cancel a residential listing agreement?

Hoarders: Building safety vs. fair housing (4/27/2017)
How should a property manager deal with tenants who hoard possessions? It can be tricky. It’s a recognized disorder protected under the Fair Housing Act but safety codes still apply.

Fake ‘Board’ still trying to scam you (4/13/2017)
Bills keep arriving in Realtors’ mailboxes for membership dues payable to a fake organization, only the crooks took the word “Realtor” out.

Why use an HOA addendum for a condo sale? (4/12/2017)
Legal Q&A: You represent the buyer of a condo, and the listing agent wants a signed homeowner’s association addendum as part of the deal. Does this make sense? Do you have to do it?

Meet the Florida Real Estate Commission (4/12/2017)
Seven people make up the Florida Real Estate Commission, and Chip Boring, Florida Realtors 1999 president, serves as chairman.

Flipping property? Legal details can be challenging (4/12/2017)
If a customer wants to use some type of unfamiliar transfer method, such as property “flips” or “simultaneous closings,” it can be intimidating for you – and potentially risky – unless you know the issues your customer might face during the transaction.

That cheap offer for Zillow leads isn’t from Zillow (4/12/2017)
Fraud warning: Online scammers have a single goal: They want you to send them financial info so they can steal your identity or credit. The latest to target the real estate industry? Fake emails that offer $5 Zillow leads paid for with a credit card.

Assignability of Contract: What does that even mean? (3/30/2017)
Assignability? Which contract option should your customer choose? As a Realtor, it’s your job to understand what assignability means if A) your buyer wants the option to do so, or B) your seller

RESPA violation? The CFPB is watching (3/30/2017)
On Jan. 31, the U.S. consumer watchdog bureau charged two real estate brokers outside Florida with RESPA violations

Why can’t lawyers give a straight answer? (3/30/2017)
A lawyer can almost always make multiple arguments on either side after hearing a set of facts. It’s just a question of how strong those arguments would be if the lawyer had to make them in a court of law.

FloridaRealtor/FloridaBar contract change: Q&As (3/30/2017)
When it comes to the new financing clause in the FloridaRealtor/FloridaBar contract that debuts April 4, most Realtors’ questions focus on timing:

Join the fight against scammers who steal listings (3/30/2017)
The last thing Realtors want to find is one of their listings posted on a website without permission,

4 simple ways to avoid legal trouble (3/15/2017)
If you’re not an attorney, don’t give legal advice. If you’re not a tax consultant, don’t point out legal tax deductions.

Closing costs – What are they really? (3/15/2017)
Here’s one common pitfall on the road to a smooth closing:

Test your ethics: Are these Realtors right or wrong? (3/15/2017)
There’s often a fine line between ethical and unethical behavior. Are these Realtors right or wrong?

Property management: A legal overview (3/15/2017)
Most Realtors feel confident about the future, and many are actively growing their businesses. For some that means property management.

FAR/BAR update: Changes worth your attention (3/2/2017)
What has changed in the FloridaRealtors/FloridaBar contract that debuts April 4?

You received a FREC complaint. What’s next? (3/2/2017)
If you receive a letter from the Florida Real Estate Commission (FREC) stating that someone has filed a complaint about your service, you need to respond quickly and appropriately to avoid potential penalties.

Brokers’ top three legal issues today (3/2/2017)
Certain risks never go away, but new issues sometimes don’t even register on brokers’ radar until it’s too late.

What is a listing’s protection period? When does it apply? (3/2/2017)
This question often pops up on Florida Realtors Legal Hotline. A protection period isn’t a legal concept; however, it’s defined by the language in each specific form.

FREC changes CE requirements (2/15/2017)
Fla.’s real estate licensees will soon need to take an ethics course when renewing their license. The change, effective Oct. 1, won’t add hours to the

Listing status changes: Only MLS rules need apply (2/15/2017)
A buyer and seller sign a contract that includes a specific number of days for the buyer to inspect the property, get financing or both. Should the listing be marked “active” in the

Closing agent vs. escrow agent: Aren’t they the same thing? (2/15/2017)
The short answer: No, they’re not — except they usually are. In most transactions, the buyer and seller agree to use the same agent for both functions, and some Realtors are surprised by the rare transaction that specifies different agents.

Most significant change in FAR/BAR update? Financing clause (2/15/2017)
The real estate industry changes and, when it does, the Florida Realtors/Florida Bar Residential Contract gets updated. The latest version debuts April 4 and reflects those changes.

A picture is worth 1,000 words – and maybe a lawsuit (2/1/2017)
“It’s on the Internet” does not mean “I can use this photo wherever I want.”

Is there any leeway in over-55 community rules? (2/1/2017)
The primary rule for over-55 communities – that 80% of units must have at least one resident age 55 or older – isn’t a goal, it’s a minimum fair housing standard.

Power of attorney: When a seller isn’t really the seller (2/1/2017)
Sometimes a third party – often a lawyer or loved one – has the legal right to buy or sell a property on behalf of the owner, who is many times an older adult.

Dear Fair Housing Lady: Did I mess up? (2/1/2017)
A landlord doesn’t accept Social Security benefits, disability benefits or cash as rental income because they can’t be garnished. But he turned down a disabled adult with lots of cash and disability insurance income.

Can I do this – or is it an ethics violation? (2/1/2017)
Can you remove a lockbox without consent? Is it okay to pass on Legal Hotline advice? When showing another broker’s listing, can you float the idea of seller financing with the other broker’s client?

No, you can’t simply copy photos found online (1/12/2017)
A photo, like written content, has copyright protection, meaning someone owns the image and has the right to control its use.

3 ways PACE assessments can impact your closing (1/12/2017)
If a listing boasts about a home’s solar panels and other energy-efficient benefits, how did the seller finance those upgrades?

A fair housing violation? How can that be? (1/12/2017)
If a rental sign says “No Families,” it’s a clear violation of the Fair Housing Act – but other violations aren’t as obvious.

Should I let the owner hold a security deposit? (1/12/2017)
One of our owners insists on holding the security deposit if we manage his property. I am somewhat nervous about this as this owner is not in the best financial shape and may spend the money.