Caveat REALTOR®: Recent Episodes
Virginia REALTORS® Podcast Network
The Legal Team talks about the Business, Professional, and Occupational License (BPOL) tax and what it means for real estate brokers and agents.
The Legal Team discusses the addition of military ground installations to the “buyer beware” list.
The Legal Team discusses escrow holdbacks — what agents need to know when parties want to hold back a portion of the seller’s proceeds at closing to pay for repairs that can’t be finished before settlement.
The Legal Team discusses the 2026 changes to the VRLTA and how they affect property managers.
The Legal Team discusses how to handle a commercial transaction in which the property and the business are both for sale.
The Legal Team discusses what you need to know about a recent memo from the Department of Housing and Urban Development regarding assistance animals.
The Legal Team discusses what agents should and shouldn’t do when a residential purchase transaction starts to fall apart.
The Legal Team talks about what changes you will see on July 1st for the Purchase Contract.
The Legal Team discusses the importance of avoiding potential escrow violations and the new regulatory updates.
The Legal Team talks about when you would use the SUM-1 form that is provided by Virginia REALTORS®.
The Legal Team discusses the requirements of the interactive process in providing reasonable disability accommodations.
The Legal Team looks at the legal practicalities of time is of the essence and offers a view of how courts might look at them.
The Legal Team discusses some of the circumstances that require a disclosure about a seller’s property.
The Legal Team discusses the differences between contract amendments and addenda and when to use them.
The Legal Team discusses the regulations review process and the new regulations that are going live April 1. Resource Page: virginiarealtors.org/law-ethics/new-real-estate-regulations-2026/
The Legal Team discusses how to comply with Fair Housing law when implementing policies involving criminal background checks.
The Legal Team discusses the phrase “time is of the essence” and how it affects the new VAR contract.
The Legal Team discusses the current state of arbitration in light of the practice changes that have been in effect from the NAR Antitrust Settlement.
The Legal Team discusses how to proceed when there is severe damage to a rental property.
The Legal Team discusses evictions of tenants for criminal acts committed on the property.
The Legal Team discusses the General Assembly process in Virginia in advance of the 2026 session.
The VAR Legal Team talks about AI hallucinations—why they happen, how to reduce their occurrences, and how to limit your risk. Get the brief but important lesson on how these hallucinations intersect with your business.
The Legal Team talks about a new case law surrounding pet deposits and emotional support animals.Read the full case here: https://law.justia.com/cases/federal/district-courts/louisiana/laedce/2:2024cv00750/268535/93/
The Legal Team discusses some of the nuances around making deductions from a tenant’s security deposit.
The Legal Team discusses the legal issues surrounding the new proposed 50-Year Mortgage
Can someone with a criminal history obtain a real estate license? The Legal Team discusses a particular new law from July 2025. DPOR Link: www.dpor.virginia.gov/PredeterminationMore Legal Resources: virginiarealtors.org/law-ethics
The Legal Team discusses assistance animals and who qualifies as having a therapeutic relationship with a tenant.
The Legal Team discusses the New FinCEN Real Estate Reporting Rule. For more details: fincen.gov
The Legal Team discusses the importance of avoiding potential escrow violations and the duty of brokers to report escrow misconduct.
The Legal Team discusses the VRPDA and the disclosure requirements of sellers in a residential real estate transaction.
The Legal Team talks about 2 mass mailers that real estate professionals have been receiving.BOI letter: https://pxl-sccvirginiagov.terminalfour.net/prod01/channel_3/media/sccvirginiagov-home/regulated-industries/insurance/insurance-companies/administration-of-insurance-regulation-in-virginia/administrative-letters/AL-2025-05.pdf
The Legal Team discusses the new changes to the Eviction Diversion Program made during the 2025 legislative session.
The Legal Team discusses how to stay in compliance when advertising listings from other firms.
The Legal Team talks about accessory dwelling units in Virginia. What they are, what the law says about them, and whether they could be a method for increasing housing supply.
The Legal Team discusses the Disparate Impact doctrine under Fair Housing law and the update to federal enforcement.
The Legal Team goes over different examples of using AI in the real estate business and some ways it can go horribly wrong.
The Legal Team discusses how to terminate a contract when another party fails to perform.
The Legal Team discusses some of the basics of compensation, including what you need to know as a buyer’s agent, as a listing agent, as well as the obligations imposed by the Code of Ethics.
The Legal Team talks about whether you need to disclose lead pipes. For more information: www.epa.gov/dwreginfo/lead-and-copper-rule-implementation-tools
The Legal Team discusses some of the risks and pitfalls that come along with buyer love letters.
The Legal Team talks about the form changes on July 1st. View the changes here: https://virginiarealtors.org/law-ethics/form-updates/
The Legal Team talks about how you can get involved with VAR through committees and the Board of Directors.For more information, click here: https://virginiarealtors.org/about-us/our-team/committee-overview/
The Legal Team discusses a new cryptocurrency scam that is targeting real estate professionals.
The Legal Team reviews Agency and the different types of agency relationships that can be established with clients.
The Legal Team goes over some recent Legal Hotline questions and answers.The Scoop Webinar: https://learn.virginiarealtors.org/products/the-scoop-webinar-win-win-or-no-deal-negotiating-with-confidence-and-purpose
The Legal Department discusses the benefits and risks of using AI programs in advertising. Sign up for RI 507: https://learn.virginiarealtors.org/products/ri-507-ethics-and-professional-responsibility-virtual-course-may-06-07-2025-900-am-1230-pm
The Legal Department discusses issues that arise when negotiating repair requests under home inspection contingencies. Click here to download the VAR Standard legal form: Home Inspection Contingency Addendum. Note: you must be logged into the VAR website to access our legal forms. https://virginiarealtors.org/law-ethics/standard-forms-library/Need to ramp up your negotiating game? Discover your personal communication style AND how it shapes your business interactions with a new on-demand DISC course for just $100. You can find it now on our Learning Center website under on-demand courses, or click here to sign up: https://learn.virginiarealtors.org/products/disc-communication-strengthening-realtor-success-on-demand-course#tab-product_tab_overview
The Legal Department talks about a recent NAR update to their Clear Cooperation Policy. Have Fair Housing questions? Sign up for Jon’s live webinar, “Current Fair Housing Issues & Answers” on April 16th at 2PM. Click here to sign up > https://learn.virginiarealtors.org/webinars
The Legal Department talks about who must sign.Want to learn more about contracts? Join Santiago for his live webinar, Contracts: Back to Basics on *April 17th at 10AM. Sign up at: https://learn.virginiarealtors.org/virtual-ce-classesThis course is approved for 1 Hour Real Estate Contracts for CE; No PL.
The Legal Team discusses the effect of an Escape Clause in transactions involving a VA loan.
The Legal Team discusses Mediation Clauses in Real Estate Sales Contracts, and what they mean for you and your clients.
The Legal Department talks about how the Foreign Service Act applies to leases and what happens during a government shutdown.
The Legal Team discusses the circumstances under which real estate licensees can (and cannot) be involved in mobile home sales.
The Legal Department discusses changes to Article 4 of the Code of Ethics that went into effect in 2025.
The Legal Department discusses potential changes to the duties of real estate licensees in Virginia.
The Legal Department talks about the recent rule changes to the Telephone Consumer Protection Act (TCPA).
The Legal Team discusses what the law says about how to give proper notice to another party in various scenarios.
The Legal Department discusses the significance of the phrase “on or before” in a real estate contract.
The Legal Team discusses the basics of joint and several liability in residential leases.
The Legal Department discusses Article 16 of the Code of Ethics and how to ensure you do not interfere with an exclusive client relationship.
The Legal Department discusses how to handle listings where one of the owners has died.
The Legal Team discusses the legal requirements for creating and advertising a real estate team
The legal team discusses the types of seller warranties contained in form residential purchase agreements.
The Legal Team discusses the inspection paragraph in the VAR contract and what it means when there is no home inspection contingency.
The Legal Team discusses what is and is not required when it comes to providing tenants with a copy of the Tenant’s Rights and Responsibilities form.
The Legal Department breaks down a case in New Mexico about whether brokers are liable for their recommended contractors.
The legal team discusses the different types of real estate contracts and how they affect the settlement date of the transaction.
The Legal Team discusses the use of AI programs in generating content for your business and the corresponding Fair Housing issues to be aware of.
The legal team talks about how to disclose if you or a family member has an ownership interest in a property.
The legal team discusses the rules for disclosing dual or variable rate commission arrangements.
The Legal Team discusses some common legal scenarios for property managers and whether an attorney is required or recommended for such situations.
The legal team discusses how to reduce your liability when trying to end a relationship with an impossible client.
The Legal Team provides an overview of the NAR Settlement after the changes have been in place for a few weeks.
The Legal Team discusses the process involved with requesting a resale certificate in a common interest community and the purchaser’s subsequent right to cancel.
The Legal Team discusses how to stay compliant when providing required disclosures to your client.
The team discusses how to negotiate commissions and stay compliant with the Code of Ethics.
The Legal Team discusses when you should—and when you should not—use an Unrepresented Party Disclosure.
The Legal Department talks about co-listings, including an idea of the questions to ask and some of the dangers involved.
The Legal Team discusses how to stay in compliance with fair housing law when advertising properties near colleges and universities.
The Legal Team discusses how to ensure your buyer’s offer is actually presented to the seller.
The Legal Team discusses the process and requirements for accepting rent with reservation when a legal matter with a tenant is pending.
The team discusses NAR’s practice changes for working with buyers, specifically how to comply with both the practice changes and existing Virginia Law.
The Legal Department answers some of the common questions members have about the 2024 new laws.
The Legal Department talks about midyear form changes.Hint: You can follow along using the redline document while listening to this podcast episode.virginiarealtors.org/form-updates
The Legal Team Discusses updated guidance from the VA regarding buyer agent commissions.
The Legal Team discusses when you need a Buyer Brokerage Agreement, and what types of agreements you can use.
The Legal Team discusses the different ways to proceed when a rental property has incurred substantial damage.
The team dives deeper into Virginia Fair Housing Laws to make sure you know all the details about several exemptions.
The Legal Team discusses the basics of reasonable accommodation requests and how to stay in compliance with Fair Housing law.
The Legal Department talks about what a restrictive covenant is and how it might relate to Fair Housing Month.
The team discusses the laws and regulations around places of business and branch offices.
The Legal Team discusses the obligations on landlords and tenants to prevent and remediate mold.
The Legal Team discusses the basics of kick-out clauses and when they may be in your client’s best interests.
The Legal Department talks about the recent rule changes to the Telephone Consumer Protection Act (TCPA) and how it might affect your business.
The Legal Team discusses a recent decision in a Fair Housing case regarding religious statements in advertisements.
The Legal Department discusses a new FinCEN Beneficial Ownership Information reporting rule and how it affects your business.FinCEN’s website: www.fincen.gov/boi.Sign up for BrokerPlus Today: learn.virginiarealtors.org/broker-plus-2024
The Legal Team discusses the recent DOJ settlement regarding tenants who are servicemembers, and what it means for property managers in Virginia.Register for BrokerPlus TODAY: learn.virginiarealtors.org/broker-plus-2024
The Legal Department discusses updates to the Office Policy Manuals.Check out the resources available: virginiarealtors.org/law-ethics/broker-resources
The Legal Department talks about form changes effective February 2024.Check out the forms here: https://virginiarealtors.org/law-ethics/form-updates/special-form-changes-february-2024/
The Legal Department goes in depth into the differences between standard agency, dual agency, and designated agency.
The Legal Team discusses the circumstances that require a disclosure about a seller’s property.
The Legal Department discusses the Standard Clause Booklet and some situations that are covered by them.
The Legal Team discusses the various types of notices that are required in various property management scenarios.
The Legal Department talks about the who and when of escrow deposits for a real estate contract.
Are neighborhoods allowed to restrict homeownership by age? Hear what the Legal Team has to say.
The Legal Team discusses the similarities and differences between unlawful detainers and ejectments.
The Legal Department talks about how to get your firm certified as an EPA Lead-Safe Firm.RRP Certification: http://www.epa.gov/lead/getcertified RRP Renovator Training: http://www.epa.gov/lead/renovation-repair-and-painting-program-renovator-training
The Legal Team discusses floor plans and copyright infringements after the Trial Court’s Decision.
The Legal Department discusses the rules around kickbacks to agents from settlement service providers.
The Legal Team discusses the rules pertaining to notices required for renewing or non-renewing an existing lease.
The Legal Department discusses the rules surrounding unlicensed assistant -- what they can and cannot do.
The Legal Department talks about what to do with security deposit disposition after the death of a tenant.
The Legal Department discusses whether real estate licensees can sell a business along with the real estate to which it is associated.
The Legal Department discusses issues surrounding teams.
For more information: virginiarealtors.org/law-ethics/teams-resources/
The Legal Team discusses the differences between terminations and releases and the circumstances under which one or the other would be used.
In response to the MLS rule change that allows for $0 commission offers, the Legal Department discuss best practices to ensure that YOU still get paid.
Have you heard about the new update to the U.S. Environmental Protection Agency's (EPA) Lead Renovation, Repair, and Painting Rule (RRP)? Make sure you're in the know to avoid some hefty fines!
The Legal Department discusses what you must disclose in an Airport Impact Overlay district.
Additional information: virginiarealtors.org/2023/05/23/is-there-language-for-the-loudon-county-airport-impact-overlay-district-disclosure/
The Legal Team discusses new updates in the law related to the requirements for disposition of a security deposit at the conclusion of a tenancy.
The Legal Team discusses the who, and under what circumstances, access to rental properties is permitted
What is the difference between exaggeration and puffing? This week, the Legal Team breaks down two case studies about this subject.
The Legal Department discusses an emerging trend where buyers are presenting “All Cash” offers with no real intent to pay all cash and subsequently switching to financing options.
The Legal Team discusses brokerage agreements—when they have to be in writing and how they can protect you and your clients.
The Legal Team discusses the rules pertaining to notices of nonrenewal for term leases, month-to-month tenancies, and fair housing considerations.
The Legal Team discusses the rules pertaining to source of funds discrimination and how you can better inform your clients.
Are you a property manager and are charging your client fees? Find out how to avoid an ethics complaint.
The legal team discusses two Article 1 interpretations to save you from potential ethical issues.
The Legal Team discusses the headlines regarding gas stoves and how you can better inform your clients.
Ryan and Jon talk about the different types of deeds that might best suit your clients’ needs.Check out the Types of Tenancy episode here: https://soundcloud.com/user-438238180/types-of-tenancy
Santiago and Sean talk about what to watch for as an Agent or Broker when helping cohabitants purchase a home.
Ryan and Santiago talk about the legalities of family cemeteries, the rights, and duties involved.
Jon and Sean talk about the Virginia Consumer Data Protection Act and how it could affect your business.
Jon and Santiago discuss what you need to know about the different ways to take title in Virginia.
Jon and Santiago talk about the new law on January 1st, 2023 regarding Death or Disability of a Broker.
How do you protect yourself & clients from cyber security risks? What do you do if you’ve been hacked? Listen in as the VAR Legal Team helps answer these questions!
Laura and Ryan talk about what you can – and can’t – do for client appreciation as we wrap up the year and many people are in a gift giving mood!
What exactly are you allowed to do under Article 16 when it comes to contacting other agents' clients?
Laura and Santiago discuss what happens when a deal falls through but you want to move on.
Laura and Santiago discuss the appraisal language in Virginia REALTORS®’ Standard Clause Booklet.
Laura and Santiago discuss Emotional Support Animals and how they relate to Insurance Companies.
Laura and Santiago discuss procuring cause, buyer agency agreements & how buyer agents get paid.
Laura and Santiago do a PSA on following the Law. Just because someone is doing something, it doesn’t necessarily mean that it is legal...
Laura and Santiago discuss floor plans and copyright infringements after the Supreme Court’s decision.
Cate and Jessica discuss the issues that may pop up in the MLS with the descriptions of listed properties.
Jessica and Santiago discuss some of the new laws from the 2022 General Assembly that go live on July 1, 2022 unless noted. Part 2.
Cate and Santiago discuss some of the new laws from the 2022 General Assembly that go live on July 1, 2022 unless noted. Part 1.
Laura and Santiago talk about immediate changes to the Sales Contract addressing split settlement issues.
Cate and Jessica discuss the newest from the Department of Justice on website accessibility.
Links mentioned in this episode: virginiarealtors.org/law-ethics/legal-resource-library/ beta.ada.gov/web-guidance/ www.section508.gov www.w3.org
Laura and Cate discuss some unconventional and creative methods to get your client the contract in this crazy market.
Laura and Cate talk about immediate changes to the Sales Contract addressing split settlement issues.
For more information: virginiarealtors.org/april-2022-contract-update/
Laura and Jessica discuss what to do when a breach occurs during a residential sales transaction.
Laura and Cate discuss the recent letter from the State Board of Insurance regarding split settlements.
Cate and Jessica discuss the differences between the different types of listing agreements.
Laura Farley discusses with Dan Kern from Virginia Housing about the top misconceptions regarding Virginia Housing Financing.
Jessica and Jon discuss how to deal with home inspections done for “informational purposes.”
Cate and Jon discuss the additional Article 10, Standard of Practice 10-5 Case Interpretations that were adopted by NAR’s Professional Standards Committee.
Jessica and Jon discuss condominium safety, and how to handle questions your client might have about maintenance and repairs.
Jessica and Jon discuss the new Skyslope member benefit.
For more information: virginiarealtors.org/skyslope
Laura Farley talks with Mary Broz-Vaughan and Tom Payne from DPOR about things members should know as we head into 2022.
Jessica and Jon discuss updates to the Standard Forms library on January 1.
Redlines: virginiarealtors.org/form-updates Email forms@virginiarealtors.org for questions or suggestions regarding forms.
Laura and Jon discuss the changes to the MLS policies adopted by NAR in November that are effective January 1, 2022.
Cate and Jon discuss the various types of business entities that you can create in Virginia.
Laura and Jessica discuss the new affirmative flood disclosure requirement starting in January.
NFIP’s official website: www.floodsmart.gov
Laura and Jessica discuss the Virginia Department of Labor & Industry COVID Regulations.
Laura and Jon discuss when possession should be transferred in a residential transaction.
Virginia REALTORS® General Counsel, Laura Farley, is joined by Lance Gregory and Anne Powell from the Virginia Department of Health to discuss common questions related to septic systems and real estate.
To learn more about the American Recovery Plan Act and other financial assistance programs mentioned in the episode, click on this link: vdh.virginia.gov/environmental-health/onsite-sewage-water-services-updated/organizations/
Cate and Jon discuss the new CDC moratorium on evictions.
Keep up with the changes at covid.cdc.gov
Jessica and Jon discuss whether short-term rentals are required to accommodate a renter’s assistance animal.
Laura and Cate discuss settlement provisions in contracts and whether the contracts are time is of the essence or on or about with regards to settlement.
Jessica and Jon discuss what to do if you witness discrimination during your transaction.
Virginia Fair Housing Office: 804-367-8530 or 888-551-3247.
Jessica and Jon discuss the new and updated Standard Forms that will be released on July 1, 2021.
Redline PDFs and summary of changes: virginiarealtors.org/law-ethics/legal/standard-forms/form-updates/
Questions or suggestions: forms@virginiarealtors.org
Laura and Cate discuss some of the new laws from the 2021 General Assembly that go live on July 1, 2021.
Laura and Jon discuss Article 10, Standard of Practice 10-5 Case Interpretations that were recently adopted by NAR’s Professional Standards Committee.
Jessica and Jon discuss a new holding in a website accessibility case.
For more resources: World Wide Web Consortium: www.w3.org
Laura and Jessica discuss the Guidance Document provided by DPOR for the Source of Funds protected class.
Laura and Cate discuss the right and wrong way for buyer agents to handle offers on properties where the MLS offers less than their brokerage agreement for compensation.
On its 200th episode, Laura and Cate discuss the importance of buyer agency agreements.
Jessica and Jon discuss the basic regulations brokers need to know to be in compliance.
Laura and Jessica discuss what you can do heading into fair housing month.
Resources and links: Fairhaven - www.fairhaven.realtor At Home With Diversity Certification - www.nar.realtor/at-home-with-diversity NAR Book Recommendations - www.nar.realtor/fair-housing/fair-housing-book-recommendations
Multicultural Real Estate Organizations: National Association of Real Estate Brokers (NAREB) National Association of Hispanic Real Estate Professionals (NAHREP) Asian Real Estate Association of America (AREAA) National Association of Gay and Lesbian Real Estate Professionals (NAGLREP)
Laura and Jon discuss issues that can arise in hot markets that could land you in hot water.
Cate and Jon discuss the sanctions authorized in the Code of Ethics and Arbitration Manual.
Laura and Jon discuss what individual and team licensees are required to include in their advertising.
Laura and Jon discuss closing costs and how buyer’s agents can maximize return for their clients.
Laura Farley interviews Federal Aviation Administration expert, Tom Baker, on issues related to drone safety.
For questions about Part 107 Certification, email UAShelp@faa.gov FAA weblink: faa.gov/uas Drone safety apps: LAANC and B4UFLY
Jessica and Jon discuss the DOJ antitrust lawsuit against NAR, and the related settlement agreement.
It’s a new year – goodbye 2020! – and time for New Year’s Resolutions. Looking for ways to improve your professionalism game?
Laura and Jon discuss a real-life case about a Virginia real estate firm dealing with cyber liability.
Jessica and Jon discuss the Standard Forms updates that will go live on January 1.
For any suggestions or requests for a new form, you can email forms@virginiarealtors.org
Laura and Jessica discuss the approved changes to the NAR Code of Ethics.
For more information: virginiarealtors.org/code-of-ethics-resources
The Legal Team discusses your responsibilities for earnest money deposits (EMD), even when you are not holding it.
Laura Farley interviews Federal Aviation Administration expert, Erik Amend, on issues related to drones and real estate.
Links for more information: www.faa.gov/uas www.dronesafetyawarenessweek.com www.faadronezone.faa.gov www.faa.gov/uas/programs_partnerships/data_exchange
The Legal Team discusses legal descriptions of real property and the importance of their accuracy.
The Legal Team discusses proposed changes to the NAR Code of Ethics dealing with discriminatory speech and conduct.
Click here for FAQ's from NAR about the proposed changes to the Code of Ethics: https://www.nar.realtor/national-leadership/committee-members-liaisons/nar-professional-standards-committee-recommendations
The Legal Team talks about the Virginia Rent and Mortgage Relief Program available to tenants and landlords during COVID.
virginiahousing.com/RMRP dhcd.virginia.gov/eligibility
Laura and Jessica discuss antitrust issues related to commissions & how you can have a conversation with the other agent without violating the law or Code of Ethics
Jon and Jessica discuss changes to HUD’s regulatory framework for disparate impact discrimination claims.
Cate and Jon discuss changes to the purchase contract and septic language in the Standard Clause Booklet.
As Tropical Storm Laura approaches the US, Laura and Jessica discuss NAR's new flood resources.
The Legal Team discusses the new law regarding septic inspections, including some of the more frequently asked questions we’ve gotten about it.
The Legal Team discusses the new and updated Standard Forms that go live on July 1, 2020.
The Legal Team discusses some of the new laws from the 2020 General Assembly session that could impact your business.
The Legal Team discusses the special requirements for new agents who have just received their Virginia real estate license.
The Legal Team discusses the difference between an employee and an independent contractor and how to make sure you are properly classifying people.
The Virginia REALTORS® Legal Team discusses assignment contracts and how to handle them.
The Virginia REALTORS® Legal Team discusses force majeure clauses in contracts and how they are applied.
The Legal Team discusses how Covid-19 and the accompanying social impacts affect property managers.
Cate and Jon explains what the 2020 Census is, why REALTORS® should fill it out, and how to avoid getting scammed.
Laura and Cate talk about when a contract is legally binding, and counter offers with contracts and addenda.
Jon and Jessica share some key information to keep your business running smoothly during the COVID- 19 outbreak.
The Legal Team discusses what happens when the seller maintains possession of the property for a time after settlement.
Cate and Jon discuss about the COVID- 19 Addendum and other resources available during the coronavirus pandemic.
The Virginia REALTORS® Legal team discusses FHA loans and how they can benefit (or potentially harm) your clients.
The Virginia REALTORS® Legal team discusses what you need to know when opening a branch office.
Laura and Jon guide you through what you need to know about HUD Guidance Document regarding assistance animals.
Cate and Jon discusses Professional Standards and everything you should know when filing or responding to an arbitration request.
You all know "it depends" is our favorite answer, so let's see how (and when) that can apply to disclosures!
Jessica and Cate discuss how steering is a violation of the Fair Housing Act, and how to avoid doing it.
Jon and Cate discuss the standard forms updates that went into effect on January 1, 2020.
Jessica and Cate discuss how to deal with listing photos subject to copyright protection.
Jon and Cate discuss how staging can benefit your seller clients, as well as how to protect yourself when using virtual staging.
Cate and Jon discuss what landlords can (and cannot) do when letting their tenants select television providers for rental units.
Cate and Jon cover advertising requirements--and some tricker advertising situations--to help you stay on the right side of the law.
Jessica and Cate discuss liability issues surrounding theft or damage to the property while it’s on the market.
Cate and Jessica talk about how you should handle situations where your client dies before a transaction is completed.
Jessica and Laura discuss yard signs, including interactions with POAs regarding for-sale signs, and issues with political signs.
Jon and Laura discuss the Virginia Consumer Protection Act and how it affects real estate professionals.
Cate and Jessica discuss the issue of agents buying their own properties and how to navigate that with brokers, sellers, and listing agents.
Cate and Jessica discuss how damage to a property can impact a transaction and what your clients need to know about insurance.
Jessica and Laura discuss the Common Interest Community Board – what is it and how does it tie in with the Property Owners’ Association Act.
Jessica and Laura discuss what you need to know as a licensee managing your own rental property.
Cate and Laura discuss how to guide your clients through the decision of where to purchase a house when they want information about the public schools.
Cate and Jessica discuss what disclosures you must make about unpermitted work done to a house.
Cate and Jon discuss the rights your clients have when purchasing a home with water access.
In this second cross-over episode, Real Politic's Erin Barton, and Caveat REALTOR's Laura Farley talk about changes from the 2019 General Assembly related to property management.
Jon and Jessica provide updated guidance on how to make sure your website is accessible.
In this first of two cross-over episodes, Real Politics' Erin Barton, and Caveat REALTOR's Laura Farley talk about changes from the 2019 General Assembly.
Cate and Jon discuss LFROs and how to legally and ethically operate as a referral agent.
Jon and Jessica discuss how to build your brand with social media and how to avoid some risks when doing so.
Join all four of the members of the Legal Team as they celebrate Caveat REALTOR®'s 100th episode.
Cate and Laura talk about green home certifications and how real estate professionals can protect themselves.
Cate and Laura discuss the Virginia REALTOR® organization and how you can get involved!
Hold the phone! In this episode, Cate and Jessica discuss the Do Not Call registry and the Virginia Telephone Privacy Protection Act. Learn the basics of the Do Not Call registry so that you can comply with federal and Virginia state regulations regarding telemarketing.
Jessica and Cate make a great team discussing advertising requirements for real estate teams. It is teeming with information on how your real estate team can comply with the rules and regulations for advertising.
Jessica and Jon discuss how to work on deals outside of your MLS -- how to cover bases with forms and compensation, and what risks and pitfalls to look out for.
Laura and Jon discuss criminal background checks and how they can – and can’t – be used.
Jessica and Laura discuss some basic legal real estate 101 topics that have popped up since Jessica joined the Legal Team.
Cate and Jon discuss the world of full prices offers, or even those that go above list price.
What are electronic signatures and what do you need to know about them? Jon and Laura break it down for you.
Send questions to Legal Live - LegalLive@virginiarealtors.org. Join us this Thursday! Can a text message be a legal contract? Jessica and Jon use a Massachusetts case study to answer that question.
It's Valentines Day! Cate and Jon discus the very popular buyer's love letter. They address the surprising Fair Housing Concerns that arise with these letters, and how they may not be such a great idea after all.
Send questions to Legal Live - LegalLive@virginiarealtors.org. Join us this Thursday! NAR has a new Commitment to Excellence program and Laura and Cate talk about how to increase your professionalism.
What to do when agents leave firms to move to other firms. Jessica and Cate discuss licensing requirements, client contact and commission concerns.
The Federal Reserve has decided to raise interest rates again. Laura and Jon grab their green visors and set aside bad memories of college accounting classes as they discuss what this means for the housing market as mortgage rates will also rise.
The Federal Reserve has decided to raise interest rates again. Laura and Jon grab their green visors and set aside bad memories of college accounting classes and discuss what this means for the housing market as mortgage rates will also rise.
We sift through the Legal Hotline Grab Bag to celebrate 2019! Cate and Jon review their favorite questions of 2018 including topics from property management to teams, with a little of everything mixed in between.
We sift through the Legal Hotline Grab Bag to celebrate 2019! Cate and Jon review their favorite questions of 2018 including topics from property management to teams, with a little of everything mixed in between.
The Legal team opens up the Legal Hotline mailbag. Cate and Jon talk about some commonly-asked questions and provide our answers. Topics range from property management to teams, with a little of everything in between.
What are the requirements of the Federal Lead Based paint regulations? Jon and Laura explain and introduce the updates to the Lead Based Paint Disclosure Form. They take it to the legal hotline and show you how to limit your risk.
The Legal team discusses the best ways to help protect your clients when it comes to flood insurance. Jessica and Laura talk about flood insurance in general, as well as the ways in which it might be changing based on new federal legislation. They also discuss flood hazard areas and what your clients do and do not have to disclose. Finally, they answer a few Legal Hotline questions from you, our members.
This week, the Virginia REALTORS® legal team celebrates the holidays with an episode dedicated to the January 1 Standard Forms updates. Laura and Jessica talk about the 14 forms that will be updated and how those updates might affect your business practices. They also sneak in some quotes from holiday movie favorites as our gift to you!
This week, the Virginia REALTORS® legal team discusses the 2019 updates to the Code of Ethics. Laura and Cate talk about the update to Standard of Practice 1-7, and what that update means for you as a real estate professional. They also answer some possibly made-up hotline questions regarding this update.
This week, the Virginia REALTORS® legal team discusses what you need to do to be compliant with the laws effective January 1, 2019. Jon and Cate talk about the new laws that will go into effect on January 1, with an emphasis on the laws regulating teams. They touch on the new definition of a team and what you must do to register with DPOR, and they answer some of the many questions we’ve received about these new laws.
This week, the Virginia REALTORS® legal team continues the discussion of how to best protect yourself in the digital age. Jessica and Jon discuss strong passwords, password managers, and two-factor authentication. They also provide tips to protect yourself from phishing and other email-based scams. Finally, they answer a few legal hotline questions and provide best practices for you to limit the risk to you and your clients.
This week, the Virginia REALTORS® legal team discusses the differences between properties that are “coming soon” and pocket listings. Jon and Laura talk about how to protect yourself as a listing agent if your clients want to use one of these two options, and the risky nature of pocket listings. Finally, they share tips that can help you limit your risk and answer some Legal Hotline questions.
This week, the Virginia REALTORS® legal team discusses two items that can be very important in your advertising: the REALTOR® Block R logo and the Equal Housing Opportunity Logo. Cate and Jessica discuss how the Block R logo can be used by REALTOR® members and how the Equal Housing logo can be advantageous if used correctly and consistently. Finally, they answer a few legal hotline questions about using these marks in advertising.
This week, the Virginia REALTORS® legal team talks about the DPOR regulations governing license renewal. Laura and Cate talk about both how soon a new agent can start practicing and how DPOR handles transfers between firms. They also discuss the delay in license lookup for an expired license and how that does not mean you can continue to practice. Finally, they answer some common legal hotline questions on the topic.
This week, the Virginia REALTORS® legal team discusses how to use a notice of termination and a release, and how using one without the other can get you into hot water. Cate and Jon talk about the differences between the two documents and the situations in which you would want to use one or both. They also answer some legal hotline questions, including discussing how a new law can allow you to release the EMD without a signed release.
This week, the Virginia REALTORS® legal team gets spoooooky with stories of property management nightmares! Cate and Jon discuss unauthorized animals, disappearing tenants, and abandoned property. Tune in and listen…if you dare!
This week, the Virginia REALTORS® legal team continues Property Management Month with a discussion of how to deal with defaulting tenants. Jon and Cate talk about the different ways in which tenants can default under a lease, and how the VRLTA allows you to handle those situations. They talk about failure to pay rent, unauthorized animals, and criminal activities on the property. Finally, they answer some real questions from the Legal Hotline.
This week, the Virginia REALTORS® legal team continues our Property Management series with a look at tenant move out inspections. Cate and Jon talk about the notice requirements for tenant move out and how they affect your deadlines to conduct the move-out inspection. They discuss the benefit of using a move-out inspection form, and they tell you what you should do if you discover additional damage after the move-out inspection.
This week, the Virginia REALTORS® legal team continues Property Management Month by discussing the eviction process. Jon and Cate talk about what notice is required to tenants before beginning the eviction process, as well as the legal steps necessary to obtain a writ of possession. They also answer some legal hotline questions and discuss how property managers can limit their risk during the eviction process.
This week, the Virginia REALTORS® legal team begins property management month with a discussion of the tenant application process. Cate and Jon discuss application fees, who needs to sign the lease, and what you can (and cannot) ask as part of the application process. They also talk about Fair Housing issues that often come up in the tenant selection process. Finally, they discuss best practices to help you limit your risk.
This week, the Virginia REALTORS® legal team takes everyone to school with Contracts 101. Jon and Laura discuss the basics of contract law, including how to accept an offer, the difference between unilateral and bilateral contracts, and whether an EMD is necessary to make a valid contract. They also answer some legal hotline questions, including whether you can write a contract with a settlement date two years in the future.
This week, the Virginia REALTORS(R) legal team discusses issues surrounding radon. Cate and Jon talk about how radon gets into homes, how you test for it, and how you can cure high levels. They also answer some questions from the hotline, such as whether you need two separate companies to test, mitigate, and retest. Finally, they explain how you can limit your risk as a REALTOR when dealing with radon testing.
This week, the Virginia REALTORS® legal team discusses the recent Fair Housing complaint filed by HUD against Facebook. Laura and Erin talk about how to protect yourself while advertising on Facebook, as well as other platforms, if you want to use targeted advertising.
This week, the Virginia REALTORS® legal team talks about the disclosures you must make when you as a licensee are buying or selling a home. Cate and Erin discuss the requirements from both the Virginia Real Estate Board and the Code of Ethics. They also answer some legal hotline questions, including what to do if you’re a licensee in Virginia but are selling a property in another state.
This week, the Virginia REALTORS® legal team continues the discussion about unrepresented parties in a real estate transaction, this week focusing on the unrepresented buyer. Cate and Erin discuss what you as a licensee can and can’t do for an unrepresented party, particularly when it comes to offering your professional judgment. They then answer some questions from the legal hotline, including what to do if a prospective buyer refuses to sign a disclosure sheet.
This week, the Virginia REALTORS® legal team discusses some best practices for buyer agents when dealing with For Sale By Owner properties (FSBOs). Cate and Erin discuss the importance of the one-time showing agreement, as well as some negotiating tactics to use. They also answer some real-life questions from our members and tell you how to limit your risk when dealing with FSBOs.
This week, the Virginia REALTORS® legal team discusses the way Virginia regulates assistance animals. Jon and Cate talk about the requirements for assistance animals, including what you can and cannot ask about as the landlord or property manager. They also discuss the concept of therapeutic relationship and how a tenant can prove this relationship in Virginia. They also respond to real-life questions from the Legal Hotline and explain how you can limit your risk when dealing with assistance animals.
This week, the Virginia REALTORS® legal team discusses Article 1 of the Code of Ethics. Jon and Austin discuss the various standards of practice within Article 1, and how they govern your interactions with both your client and other parties to a transaction. They then answer some legal hotline questions and tell you how to limit your risk when it comes to the Code of Ethics.
This week, the Virginia REALTORS(R) legal team discusses procuring cause. Cate and Jon talk about the fact-specific test used to determine procuring cause in disputes between buyers agents. They also discuss arbitration, for those unfortunate times where negotiations don't work. They answer some questions from the legal hotline and finally discuss how you can limit your risk (hint: make sure you have a signed brokerage agreement!).
This week, the Virginia REALTORS® legal team discusses a topic near and dear to our members’ hearts: how to get paid! Cate and Laura talk about the importance of a listing agreement and how an offer of compensation in the MLS can affect compensation. They then answer a few legal hotline questions, including what happens if the MLS offer is less than what is listed in the buyer brokerage agreement. Finally, they discuss how you can limit your risk and protect your earnings.
This week, the Virginia REALTORS® legal team discusses how to handle negative reviews in the digital age. Jon and Cate discuss the best way to handle negative experiences with Yelp, Google, and other websites, both from an emotional and practical perspective. They also discuss how the Virginia REALTORS® Legal Action Fund can provided much-needed assistance if you end up in court for this or any other reason.
This week, the Virginia REALTORS® legal team discusses some areas of the purchase contract about which we often receive questions. Jon and Cate talk about what constitutes a “business day” and the difference between “on or about” and “time is of the essence” contracts. Finally, they when a buyer actually receives possession of the property.
Happy Independence Day! In this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the July 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Austin and Laura introduce our new forms and discuss which forms were updated. To conclude, they review how brokers and agents can limit their risk by using Standard Forms, and understanding the language in those forms.
This week, the Virginia REALTORS® legal team discusses the new laws passed in the 2018 General Assembly. Erin and Laura talk about what laws passed and how those changes could affect your business come July 1, 2018.
This week, the Virginia REALTORS® legal team celebrates a full year of Caveat REALTOR® by running through various updates in Virginia law. Austin and Erin also go through a greatest hits collection of Legal Hotline questions.
This week, the Virginia REALTORS® legal team discusses earnest money deposits. Laura and Jon talk about the risks involved for real estate licenses with regard to confirming that EMDs have been paid into escrow, particularly when it comes to the potential for identity theft. They also answer some questions from the legal hotline regarding how to handle EMDs both from the listing and buying sides of a transaction.
This week, the Virginia REALTORS® legal team discusses how the VREB regulations affect advertising. Laura and Jon talk about the distinction between print and electronic advertising, and the different disclosures required for each. They also answer some legal hotline questions regarding advertising, social media, and text messages.
This week, the Virginia REALTORS® legal team explores the topic of real estate and the military. In recognition of Memorial Day weekend, Jon and Austin talk about the unique issues faced by both military members and real estate professionals when it comes to finding a home.
This week, the Virginia REALTORS® legal team discusses real estate Teams. Erin and Laura talk about what is a real estate team and changes to the laws in the most recent general assembly that will affect these Teams. They also answer some legal hotline questions, such as “What are the advertising regulations for Teams?” and “Can my broker pay my Team directly?”.
This week, Virginia REALTORS®’s legal team discusses the ways that intellectual property law affect REALTORS®. Erin and Jon discuss copyright and trademark law and how each can directly affect your work as a real estate professional. They also address legal hotline questions regarding MLS photographs and the proper use of the REALTOR trademark.
This week, the Virginia REALTORS® legal team explores the topic of real estate compensation, specifically brokerage commissions. Erin and Jon talk about how Virginia regulations governs what you can and cannot pay to non-licensed assistants, and they discuss why money paid to licensees must flow through the broker. They also answer some real-life questions from the Legal Hotline and explain how you can limit your risk when it comes to commissions.
This week, the Virginia REALTORS® legal team completes a two-part series on RESPA by discussing kickbacks and referrals. Jon and Erin talk about the six forms of permissible compensation under RESPA, and how the Prospect Mortgage case has changed the regulatory landscape. They also answer some legal hotline questions, such as “Can I offer to contribute money to a charity of the person’s choosing if they refer me clients?”. Finally, they tell you how to best limit your risk when it comes to RESPA.
This week, the Virginia REALTORS® legal team discusses affiliated businesses and how they work in the context of RESPA. Laura and Jon examine how Congress carved out an exception to RESPA for these business arrangements, provided that they meet a three-part test. They also answer Legal Hotline questions, including the disclosures a broker must make when she owns a percentage of a title insurance agency.
This week, the Virginia REALTORS®’s legal team discusses the history of the Fair Housing Act. With the celebration of the 50th anniversary of the Fair Housing Act, Erin and Austin discuss how we got to where we are today. They discuss the history of both the federal Fair Housing Act and the Virginia Fair Housing Act.
This week, the Virginia REALTORS®’s legal team discusses net neutrality. Austin and Laura discuss the concept of net neutrality and how recent federal regulatory decisions might impact that going forward. They also touch on how these changes might affect the real estate industry, as internet service providers could create new pricing structures that could cost brokerages more money to provide high-speed internet access.
This week, the Virginia REALTORS® legal team discusses the difference between independent contractor relationships and limited service agreements. Erin and Jon talk about the duties owed by real estate licensees to their clients in each of these situations, and how the relationships differ in significant ways. They also answer some legal hotline questions, such as “Can my firm offer both full- and limited-service relationships?” and “If I have an independent contract with a Seller, do I have to disclose that to an unrepresented party?”.
This week, the Virginia REALTORS® legal team discusses incapacitated clients and how that incapacity affects real estate deals. Erin and Cate discuss how age, mental capacity, and intoxication affect the ability of clients to enter into binding agreements in Virginia. They also answer some legal hotline questions, including one where a client is diagnosed with Alzheimer’s Disease prior to ratification of the sales contract.
This week, the Virginia REALTORS® legal team discusses mediation versus litigation in real estate disputes. Laura and Austin talk about the differences between formal (litigation) and informal (mediation) resolutions to disputes in the court system, and they discuss how Virginia REALTORS® forms address this issue. They also answer some legal hotline questions such as, “What’s the point of going to non-binding mediation?” and “Who can I use as a mediator?”.
This week, Virginia REALTORS®’s legal team discusses the responsibilities of landlords and property managers with regards to mold. Erin and Jon review landlord requirements for remediation under the Virginia Residential Landlord Tenant Act when a tenant reports evidence of visible mold. They answer some legal hotline questions, such as “What are the 'professional standards' for mold remediation?” Finally, Erin and Jon discuss how property managers can limit their risk when they receive reports of visible mold in rental properties.
This week, Virginia REALTORS®’s legal team discusses the Atlantic Coast Pipeline, also known as the Dominion Pipeline. Erin and Austin discuss what the Atlantic Coast Pipeline is, and explore what a real estate licensee’s disclosure requirements may be for properties in the proposed pipeline’s path. They answer some legal hotline questions, such as “I have a seller that lives in a county that is in the pathway of the pipeline. She believes that her property will be directly affected, and wants to know if she must disclose this to potential buyers?” Finally, Erin and Austin discuss how real estate licensees can limit their risk when working with buyers and sellers in the areas affected by the proposed pipeline.
This week, Virginia REALTORS®’s legal team takes another look at the Real Estate Settlement Procedures Act, or RESPA, by focusing on co-marketing agreements. Erin and Jon discuss what exactly co-marketing agreements are and how RESPA treats these types of agreements. They answer some legal hotline questions, such as “I have a co-marketing agreement with a settlement company. I typically pay for all the marketing and have the settlement company reimburse me for half, but it varies depending on the number of referrals that we receive from the settlement company. Is this problematic?” Finally, Erin and Jon review some ways to limit your risk when engaging in co-marketing agreements.
This week, the Virginia REALTORS®’s legal team discusses Road Maintenance Agreements. Laura and Jon talk about the Property Owners' Association Act and its requirements, and then take a closer look at Road Maintenance Agreements and whether they must be disclosed to prospective buyers. They answer some legal hotline questions, such as “If the current owners have a verbal agreement to chip in whenever the common driveway needs repair, is there anything I need to disclose?” Finally, Laura and Jon discuss some ways to limit your risk when buying or selling a property subject to a Road Maintenance Agreement.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team provides an overview of the sweeping federal tax reform bill passed by Congress in late 2017. Jon and Austin discuss how the bill affects individual and business taxpayers, and specifically how the new framework impacts real estate professionals.
This week, the Virginia REALTORS®’s legal team discusses agency, which is one of the most popular topics on the legal hotline. Austin and Cate discuss the distinction between dual and designated agency in real estate transactions. They review some legal hotline questions, such as “When representing a seller and a buyer as a dual agent, should I disclose to the buyer that the seller has told me that the property will go to foreclosure in 30 days?” Finally, Austin and Cate review some ways agents can limit their risk when engaging in dual or designated agency, such as by establishing clear office policies.
After a week of frigid temperatures and many reports of burst water pipes, the Virginia REALTORS®’s legal team discusses property management and what to do if there is an interruption in the utilities that you are required to provide to your tenants. Erin and Laura discuss what utilities a landlord is requires to provide under the VRLTA and what actions landlords and tenants need to take when there is a problem with the utilities. They answer some legal hotline questions, such as “My tenants left for the holidays and turned off the heat. The housekeeper went by the house during their absence, turned on the heat, and a pipe burst. Can I hold their security deposit for the damages?” Finally, Erin and Laura discuss some ways to limit your risk when managing property to ensure that you and the landlord comply with the requirements of the VRLTA and the lease.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Fair Housing Act. Jon and Cate explore how to create an interactive process with tenants who request accommodations, what you can and cannot ask about during the tenant selection process, and what constitutes a disability under federal law. They answer some legal hotline questions, such as "My complex does not assign parking spots to residents. Instead, it’s always first come, first served. A tenant has a mobility impairment that severely limits her ability to walk and requested an assigned parking place as close to her unit as possible. Do I have to do that?" Finally, Cate and Jon discuss how you can limit your risk when engaging in this interactive process with tenants who request accommodations.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cryptocurrencies and how they work in real estate transactions. Cryptocurrencies, such as Bitcoin, have been leading news stories, especially as the valuation of these currencies have been rising and have become more widely accepted by businesses. Laura and Austin answer some legal hotline questions, such as "A client wants to pay my commission using a cryptocurrency, do I need to accept?" Finally, they review how brokers and agents can best serve their clients and limit their risk when working on transactions involving cryptocurrencies.
Happy New Year! In this New Year’s episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the January 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Erin and Laura identify the deleted forms, discuss which forms were updated, and introduce one new form – the Termination of Property Management Agreement. To conclude, they review how brokers and agents can limit their risk by using Standard Forms, and understanding the language in those forms.
On this holiday episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Standard Clause Booklet. While Santa Claus visited many this holiday season, the Standard Clause booklet is available all year to members of Virginia REALTORS®. Laura and Cate discuss what the Standard Clause Booklet is, how members of Virginia REALTORS® can use it, and where it is located. Finally, they review how brokers and agents can limit their risk by using the Standard Clause Booklet, requesting help through the Legal Hotline, and always using an attorney to draft new language in contracts.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses flood insurance. It is a topic that has taken on greater importance for homeowners and, consequently, REALTORS® in recent years. Laura and Jon answer some legal hotline questions, such as “My client is selling a property that requires flood insurance because it floods every five years or so. The last flood damaged the subfloor and he never got around to getting it fixed. Because the damage is related to flooding, he doesn’t have to disclose to the buyer, right?” Finally, they review how brokers and agents can limit their liability when discussing flood insurance with their clients.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses harassment in the workplace, a topic that has been dominating news stories over the past few weeks. Cate and Jon discuss broker liability for harassment in the office, how to prevent harassment in the workplace, and what policies brokers should have in place. They answer some legal hotline questions, such as “My agents are all independent contractors, can I make them adhere to an anti-harassment policy?” Finally, Cate and Jon review how brokers can limit their liability and create a safe work space for their employees and independent contractors.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team looks at property management and discusses tenant selection criteria. Cate and Erin discuss some best practices in establishing tenant selection criteria and review Fair Housing laws. They answer some legal hotline questions, such as “As one of my tenant selection criteria, can I refuse to rent to college students?” Finally, Cate and Erin review how you can limit your risk when establishing your tenant selection criteria.
Virginia REALTORS®’s legal team discusses the Real Estate Settlement Procedures Act, or RESPA. Cate and Laura review the main provisions of RESPA, and discuss how it is applicable to brokers and real estate licensees. They answer some legal hotline questions, such as “I am going to host an open house for other agents. A local title company wants to reimburse me for the cost of food but does not want to do any marketing at the event. Would this be okay because I am not promoting the title company?” Finally, Cate and Laura review some ways to limit your risk to ensure that you do not violate any provisions of RESPA.
In this special Thanksgiving episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses REALTORS® and charitable giving. Erin and Laura discuss the benefits and some risks associated with advertising your charitable donations as part of your business or tying them to real estate transactions. They answer some legal hotline questions, such as “Can I require my agents to partake in volunteer activities or to donate a certain percentage of their commissions to charity?” Finally, Erin and Laura encourage you to consider donating on this Giving Tuesday to a cause that is important to you. Happy Thanksgiving!
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses going above and beyond the REALTOR® Code of Ethics. Cate and Laura discuss the Pathways to Professionalism, which addresses issues of courtesy or etiquette. They answer some legal hotline questions, such as “If I follow the Pathways to Professionalism, will I ever be in violation of the Code of Ethics?” Finally, Cate and Laura discuss how adhering to the Pathways to Professionalism may limit your risk of an ethics violation.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses business continuity issues. Cate and Laura discuss the policies brokers should have in place in the event a broker or salesperson dies, and additional actions that real estate licensees can also take. They answer some legal hotline questions, such as “When an agent dies and there is a pending contract for a sale of a house, does it affect the contract?” Finally, Cate and Laura review some ways to limit your risk and ensure the survival of your business.
In this special Halloween episode, the Virginia REALTORS®’ legal team discusses stigmatized properties. Cate and Erin discuss disclosure requirements for real estate agents and home owners. They then discuss three real legal hotline questions pertaining to stigmatized properties, including Erin’s own ghost story.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses an important topic – REALTOR® Safety. Cate and Erin discuss policies brokers can implement to help improve the safety of their agents, and how agents can also take charge of their own safety. They answer some legal hotline questions, such as “As a broker, what is my liability for an agent’s safety?” Finally, Cate and Erin review some ways to limit your risk and increase the safety for all REALTORS®.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team gives an update on website accessibility. Cate and Erin discuss some recent lawsuits pertaining to website accessibility and review the standards set forth in the Web Consent Accessibility Guidelines 2.0. They answer some legal hotline questions, such as “You said there are no current guidelines by the DOJ. If I receive one of those demand letters, can I safely ignore it if there are not regulations in place?” Finally, Cate and Erin review some ways to engage in ensuring your website is accessible to persons with disabilities.
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cybersecurity. Because real estate transactions involve an exchange of financial and personal information, real estate companies can be targets for cybercrime. Cate and Erin review applicable laws and discuss some good cybersecurity practices to help you safeguard information and communicate risks to your clients. They answer some legal hotline questions, such as “If I receive a spam offer for a property that I am listing, must I present it to the seller?” Finally, Cate and Erin review some ways to help limit your risk and engage in cybersecurity best practices.
This week, the Virginia REALTORS®’s legal team examines antitrust issues in the real estate industry. Cate and Laura review applicable antitrust laws and their penalties. They also discuss the reasons why the real estate industry is particularly susceptible to to antitrust violations. They answer some legal hotline questions, such as “I’m worried that I am not charging my clients enough of a percentage. How can I figure out the right amount to charge them without discussing it with agents from other firms?” Finally, Cate and Laura discuss some ways to help limit your risk when faced with situations that may invite antitrust violations.
This week, the Virginia REALTORS®’s legal team examines foreclosures from a property management perspective. Hopefully it will not be a situation in which you find yourself, but in this episode Erin and Laura provide you with a practical guide to managing properties in a foreclosure situation. They review important office policies and answer a few legal hotline questions, such as “My tenant provided me with notice that the house he is renting is being foreclosed upon. Do I need to evict the tenant?” Finally, Erin and Laura discuss some ways to help limit your risk when faced with managing a property that is under foreclosure.
This week, the Virginia REALTORS®’s legal team continues their discussion of natural disasters from the perspective of property management. Although you cannot predict when a natural disaster will strike, you can take certain actions to make sure that you and your family are prepared to react. In this episode, Erin and Cate discuss what to do as a property manager when the properties that you manage are struck by a natural disaster. They review important office policies and some legal hotline questions, such as “Am I responsible for replacing a tenant’s personal property following a natural disaster?” Finally, Erin and Cate discuss some ways to make sure that you are prepared and know how to react when a natural disaster strikes.
September is emergency preparedness month, and this week the Virginia REALTORS®’s legal team discusses home sales and natural disasters. Although you cannot predict when a natural disaster will strike, you can take certain actions to make sure that you and your family are prepared to react. In this episode, Laura and Cate discuss what to do when your client has a home under contract for sale and a natural disaster strikes before closing. They review some legal hotline questions, such as “While working as the buying agent, my client did not want to go through the purchase of a house after a hurricane, how can they terminate the contract?” Finally, Laura and Cate discuss some ways to make sure that you are prepared and know how to react when a natural disaster strikes.
This week, the Virginia REALTORS®’s legal team discusses unlicensed assistants. What can they do for you? What are they not allowed to do? They review some legal hotline questions, such as “Can an unlicensed assistant host and open house?” Finally, Laura and Erin discuss some ways to make sure that your unlicensed assistant can continue to help you in your professional life while staying within the Virginian rules and regulations pertaining to real estate licensees.
What is an independent contractor? How is one different from an employee? This week, the Virginia REALTORS®’s legal team discusses independent contractors. Laura and Cate review some legal hotline questions, such as “I want to pay my licensees a base salary. Can I still classify them as independent contractors?” Finally, they discuss some ways to make sure that you properly classify independent contractors and do not unintentionally assume additional liability.
Join us for the conclusion of our three-part series on escrow. This week, the Virginia REALTORS®’s legal team considers escrow from the perspective of property management. They discuss some common legal hotline questions, such as “My tenant did not provide a forwarding address and has not claimed his security deposit. Can I move the funds out of my escrow account into my operating account?” Finally, they conclude by addressing some simple ways to limit your risk when dealing with escrow in the property management world.
Our three-part series on escrow continues with part two, where the Virginia REALTORS® legal team discusses how to disburse funds from escrow accounts. Cate and Erin review different methods of disbursing funds, including the ever-elusive interpleader. Finally, they discuss some common legal hotline questions, such as “How long is a broker allowed to hold an EMD if neither party agrees to its disbursement?”
Join us on part one of our three-part series on escrow. This week, the Virginia REALTORS®’s legal team looks into earnest money deposits. They review the rules and regulations surrounding escrow accounts and how to handle earnest money deposits. Finally, they discuss some common legal hotline questions, such as “Can you delay depositing the Earnest Money Deposit for a short sale until the lender approves the deal?”
Deep dive into the world of Property Owners’ Associations with the Virginia REALTORS®’s legal team. In this episode of Caveat REALTOR®, the Virginia REALTOR®’s legal team demystifies Property Owners’ Associations. They discuss how to navigate Property Owners’ Associations, and how you can make sure your client is informed when going through the home buying or selling process. Finally, they also address new legal updates that went into effect on July 1, 2017 before answering some common legal hotline questions.
Instagram, Facebook, and Twitter, oh my! In this episode of Caveat REALTOR®, the Virginia REALTOR® legal team discusses social media for real estate licensees. They address four areas of major concern: advertising, antitrust, intellectual property, and confidentiality, and then answer some common legal hotline questions, such as “I want to post on Facebook that I just sold a house for over asking price. Can I share this? Is this an advertisement?” Finally, we wrap up the episode with a review of some easy ways to limit your risk when positing on your favorite social media site.
In this updated episode, the Virginia REALTORS® legal team discusses Virginia laws related to assistance animals. They highlight the difference between service animals under the American with Disabilities Act and assistance animals, discuss updates to Virginia law that took effect on July 1, 2017, and then answer some common legal hotline questions, such as “Can a renter have multiple assistance animals?” Finally, the Virginia REALTORS® legal team also provide some tips for limiting your risk when dealing with tenants requesting assistance animals.
The Virginia REALTORS® legal team provides updates on the Residential Property Disclosure Act and the required disclosure forms.
The Virginia REALTORS® legal team offers essential information on changes to Virginia home inspector regulations. Effective July 1, 2017, Virginia home inspectors must be licensed.
The Virginia REALTORS® legal team reviews home surveillance and offers REALTORS® updates on what to know to stay on the right side of risk compliance.