Legal Hotline: Is My Offer Legally Binding?

2018-07-09T01:15:23+00:00

Q. I represent a seller who has signed and delivered an accepted offer, but we still haven’t received a check from the buyer. Is this a binding contract?   The Answer:  It depends on what form you use. In order for a binding contract for the purchase of real estate to exist, there must be a [...]

Legal Hotline: Is My Offer Legally Binding?2018-07-09T01:15:23+00:00

Legal Hotline: I Don’t Think My Offer Was Presented to the Seller

2018-05-08T15:52:13+00:00

Q: I submitted a great offer on a house and never got a response. I don’t think my offer was presented to the seller – what can I do? I submitted a great offer on a house and never got a response. I don’t think my offer was presented to the seller – what can I [...]

Legal Hotline: I Don’t Think My Offer Was Presented to the Seller2018-05-08T15:52:13+00:00

LEGAL HOTLINE: Know the laws about real estate commissions and LLCs

2018-02-01T21:03:07+00:00

With the passage of tax reform and the complexities around the new laws, it’s important to remember who and how brokers may pay people commissions in Massachusetts. Many CPAs may be advising REALTORS® to form an LLC to receive an agent’s commission, a broker and agent must take in account specific Massachusetts laws. The licensing [...]

LEGAL HOTLINE: Know the laws about real estate commissions and LLCs2018-02-01T21:03:07+00:00

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase

2018-01-30T21:15:27+00:00

LEGAL HOTLINE: Understanding the Laws Regarding Interest Bearing Escrow Accounts for Deposits to Purchase Security deposits for rentals have to be held in an interest bearing account. Does it also hold true for deposits on a purchase? Answer: No. There is no obligation for an escrow agent to hold deposit funds for a purchase in [...]

LEGAL HOTLINE: Interest Bearing Escrow Accounts for Deposits to Purchase2018-01-30T21:15:27+00:00

Make Sure Your Facebook Page Follows Ethical & Legal Rules

2018-01-24T04:28:28+00:00

Facebook has become a key tool for success of the modern REALTOR®. With a powerful ability to reach an engaged local market and an affordable and impressive advertising program, Facebook helps REALTORS® generate leads, cultivate customer relationships and display their local expertise every day. However, Facebook can also be a place to get a REALTOR® [...]

Make Sure Your Facebook Page Follows Ethical & Legal Rules2018-01-24T04:28:28+00:00

Legal Hotline: The Legal and Ethical Limitations of Offering Client Rebates

2018-01-16T19:38:18+00:00

The offering of rebates to clients at the close of a transaction has become more common as a marketing strategy in some business models, especially in extremely competitive markets. However, doing so, raises legal and ethical limitations that REALTORS® should be aware of when offering rebates. Answer: Although it is both legal and ethical for [...]

Legal Hotline: The Legal and Ethical Limitations of Offering Client Rebates2018-01-16T19:38:18+00:00

How Changes to the Digital Millennium Copyright Act Affect Cape Cod REALTORS

2017-12-13T16:30:33+00:00

The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which would likely include multiple [...]

How Changes to the Digital Millennium Copyright Act Affect Cape Cod REALTORS2017-12-13T16:30:33+00:00

Legal Hotline: My Deal Fell Apart Because of An Unfavorable Inspection. Now What?

2017-10-03T17:46:49+00:00

I represent the seller in a deal that fell through due to an unfavorable home inspection report. Do I have to disclose to future prospective purchasers the reasons why the original buyers backed out? Most likely, yes. Attorney General regulations explaining Chapter 93A provide that it is a violation when an agent, “fails to disclose to [...]

Legal Hotline: My Deal Fell Apart Because of An Unfavorable Inspection. Now What?2017-10-03T17:46:49+00:00

Legal Hotline: My Client Doesn’t Know If Permits Were Pulled for Their Basement

2017-09-26T14:27:33+00:00

It can be a difficult situation if you are dealing with a seller or potential seller who is unsure if the permits for finishing their basement were obtained. Here are the basics of the legal and ethical considerations REALTORS should consider when advising their seller and your requirements for disclosure: The State Building Code requires [...]

Legal Hotline: My Client Doesn’t Know If Permits Were Pulled for Their Basement2017-09-26T14:27:33+00:00

Legal Hotline: What Type of Referral Constitutes a RESPA Violation?

2017-07-22T16:19:22+00:00

Referrals to local service providers can be a sticky situation for many REALTORS®. Local service providers such as handymen, landscapers, fuel providers, contractors and others are lucrative sources of business for REALTORS®, and are often in a REALTOR®'s social circle as friends, acquaintances and fellow club members. It is obviously quite tempting to set up mutually [...]

Legal Hotline: What Type of Referral Constitutes a RESPA Violation?2017-07-22T16:19:22+00:00
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