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.
Real estate Q&A: The hassles of an inherited home (3/30/2017)
A mother passed away, leaving behind a small condo with a reverse mortgage and no equity. If it has no inheritance value, must the daughter do anything?
Can condo owner install camera to monitor entrance? (3/27/2017)
Legal Q&A: What does state law say about taking board nominations from the floor? Our board allows “meetings without notice.” Is that legal?
Real estate Q&A: Should home seller tell buyer about airport flight path? (3/23/2017)
Real estate Q&AL: How noisy the places are likely is a factor – but the seller could face a lawsuit if he or she fails to disclose something important to the buyer.
Legal Q&A: Permission needed to remove trees? (3/20/2017)
May an association remove a tree outside a unit without permission? Can owners change a vote after it’s submitted? Do nominating committees still pick candidates?
Homeowner not legally entitled to unobstructed view (3/16/2017)
Legal Q&A: Can condo management put up a sign that partially obscures a waterfront view? The answer: Probably yes but there are exceptions. Check assoc. docs.
Homeowner must share sale proceeds with lender? (3/9/2017)
Real estate Q&A: A homeowner had a loan modification during the slowdown. She’s ready to sell now, but the lender wants to claim 20% of the profit. Is this legit?
Scam alert: Fake Realtor board targets Fla. members (3/6/2017)
The “Florida Board of Realtors” does not exist, but Florida Realtors members have received a “Final Notice” bill from them, saying their licenses are in jeopardy.
Can a community assoc. board sue a unit owner for defamation? (3/6/2017)
Some people complain more than others, but is there a point where criticism turns into harassment? With boards and unit owners, the answer is complicated.
Real estate Q&A: Ask HOA for accessible parking (3/2/2017)
Does a condo association have an obligation to provide parking for people with disabilities? Yes – and no. The answer is a little complicated.
Are condo associations required to record meetings? (2/27/2017)
Legal Q&A: If a condo association wants radically different pool furniture, should membership get a vote? In a condo board election, should ballots be secret?
Landlord sues Airbnb in spat over subletting (2/22/2017)
If a lease doesn’t allow tenants to rent out their unit, can Airbnb legally advertise them if a tenant chooses to do so anyway? A large apartment owner says no.
U.S. Consumer watchdog gets a reprieve (2/17/2017)
An Oct. court order restricting the CFPB, which oversees lending and RESPA, has been postponed and could conceivably be cancelled after a federal appeals court agreed to reconsider a previous ruling that found CFPB’s operational structure unconst
Court rules against Zillow for photo copyright use (2/13/2017)
A jury ruled that Zillow Group must pay $8.24M for using copyrighted photos past the date specified in the contract. NAR says the issue could also impact Realtors.
Court trial: Photos, copyrights and contracts (2/8/2017)
Brokers who pay for copyrighted photos should read contract terms, says NAR, because a court will soon determine Zillow’s legal-use rights after a listing expires.
If condos ban smoking, does it include marijuana? (2/6/2017)
Legal Q&A: A condo board bans smoking on its lanai, but do fair housing laws come into play if a resident is prescribed medical marijuana?
Company shuts down 100-plus trademark infringers (1/31/2017)
If you’re not HomeVestors, don’t “buy ugly houses,” says the company that owns the trademark. In 2016, HomeVestors says it filed 24 lawsuits, eradicated 117 trademark infringement ads and removed 283 online social media posts or ads.
NAR, realtor.com score win against patent troll (12/7/2016)
A company claimed it owns the software that displays listings on a map, but a judge disagreed, safeguarding Realtors from similar lawsuits pending an appeal.
What’s the definition of residential purposes? (11/21/2016)
If a condo association has a clause in its bylaws that says all units shall be used for residential purposes, does renting out a unit qualify?
Supreme Court will consider property rights case (11/8/2016)
If homeowners own two adjacent lots with a home on only one, do they always have a right to sell the empty lot? The court will consider “parcel as a whole” rules.
A residential contract rider changing (11/22/2011)
Comprehensive Rider C (Seller Financing) to the Residential Contract For Sale and Purchase changes slightly on Nov. 29.
Florida Realtors adds or updates forms (3/16/2011)
Four are new; three are updated; one is DBPR, and all are now available through Form Simplicity and other vendors.