Legal Column | Greater Harrisburg Association of REALTORS®

Best of the Hotline

Facts. Broker A received a letter from a “cooperating” salesperson stating that no one from Broker A’s office could show her listing. This letter was not signed by Broker B, the cooperating agent’s broker. As it turns out, there is a history between the non‐cooperating agent and Broker A. The agent was formerly affiliated with the Broker A and apparently their relationship ended badly… Read On

Deposits Paid After the Agreement is Signed

I presume it is now commonplace to tender a buyer’s deposit within so many days of execution of the agreement of sale. While deposits once accompanied offers, the practice is no longer practicable given the electronic transmission of offers. And while it is perfectly legal for a buyer to tender a deposit days after the agreement has been executed… Read On

Best of the Hotline

Here’s one for you big city brokers. Best of the Hotline Facts. I am planning to move my office to an office building that permits no exterior signs. Also, signs are not permitted in the first floor lobby where one might expect to see a marquis showing the names and locations of the tenants… Read On

Heartburn

Imagine that you meet with a buyer client for whom you are about to draft an offer. The client seems somewhat distracted and his occasional winces suggest that he is in some physical distress. During the meeting he says to you that he is experiencing a burning sensation in his chest. He confides that while he believes it is indigestion… Read On

Do Your Advertisements Put You at Risk?

With Facebook resembling an MLS data feed, it’s time to revisit your advertising protocol. The Real Estate Commission’s rules are clear: An advertisement by an associate broker [or] salesperson . . . shall contain the business name and telephone number of the employing broker. Those who violated this simple regulation are subject to prosecution that can lead to license suspension (not anticipated for a first offense) and/or fines (very likely to be imposed)… Read On

Seller Has a Change of Heart and Why the Buyer Can’t do a Thing About It!

Who in the world signs an agreement of sale promising to sell a home then suffers a change of heart and refuses to budge? It happens, or at least is threatened, many more times than you might expect. And who are these seller‐offenders? Many times they are older sellers who have lived many, many years in the homes they are selling… Read On

Dual Agency: Use It When Needed, Avoid It When Possible

It has been almost 17 years since Act 112 of 1998 became law authorizing real estate licensees to act as dual agents in a real estate transaction. During that time, I have consistently heard real estate licensees tell me that they “must” become a dual agent when an unrepresented buyer wishes to make an offer on one of their listings… Read On

A Few Issues With Dual Agency

Dual agency has been around long enough now that we see how it is working and whether it’s causing hardships for those who practice it. Here are few tips regarding dual agency issues that are either overlooked or not handled cleanly enough. The law requires that buyers and sellers consent to dual agency before it may be practiced… Read On

Don’t be a RELWOC

A FSBO, or for Sale by Owner, is objectively a seller who is marketing his/her real estate without the assistance of a licensed real estate broker. Subjectively, we think of a FSBO as cheap and not wise enough to know what he/she does not know about the marketing and sale of real estate. You, my readers… Read On

We Buy Houses

“Need to sell your house fast?” “We buy homes in [your town], PA for cash.” “We buy properties! Divorced? Bankrupt?” “We buy ugly houses.” Sound familiar? You have read these statements on signs on telephone poles, on the internet, and who knows where else. The outfits who post these are also the subject of a number of HotLine calls… Read On