Real Estate Legal Discussion

Ethics, The Golden Rule...and the Notary Signing Agent

aquicknote — Tue, 23 Sep 2008 09:22:51 -0700

Notaries have all been approached by the last minute Loan Officer, Mortgage Broker and the occasional Escrow Officer who wants to get the deal done in a hurry. You get through all the preliminaries about the signing. Name, Address and Phone, and you've agreed to a price for signing the package and know the deadline. Then comes "Oh, by the way..." or "There's just one more detail..." and it always has the smell of something foul. Then they proceed to ask you to back-date, or fudge your invoice or some other act that would force you to ‘color outside the lines'. more...

Real Estate Legal Discussion

bad checks leave landlord in the lurch

Phyllis C — Thu, 26 Jun 2008 21:21:21 -0700

True story. Colleague whose business-minded husband is very sick rents to a lady in Washington, DC who purportedly is an entrepreneur and can only produce bank statements, not W-2s or 1098s. The tenant pays one month security deposit and first month rent using regular checks.(Colleague now recognizes this was a major faux pas). Her three references are based out of town but all say very nice things about her and her work. Surprise, surprise both checks bounce and the woman stops returning calls. Currently, she is still occupying the property. more...

Real Estate Legal Discussion

Non-Disclosure Issues- Potential Litigation?

Jim W Hildreth — Tue, 01 Apr 2008 19:44:41 -0700

This Old House by Jim W Hildreth April 1 2008

The Old House sits at the top of the hill, affording good views of the Mother Lode Community of Sonora, CA a Gold Rush City.

The home is for sale and access to the home is parking on the city street and climbing rows of stairs.

A potential buyer made an appointment to preview the home with a Buyers Broker.

The first words from the buyer was "the
retaining wall that supports the parcel of land is slipping"

Upon further inspection the wall extended 8" from its original support and is sloping towards the city street. more...

Real Estate Legal Discussion

Foreclosures Sonoma County Northern California

Jim W Hildreth — Mon, 31 Mar 2008 19:35:42 -0700

Foreclosures a popular option in Sonoma County
By MICHAEL COIT
THE PRESS DEMOCRAT
March 31, 2008

Lenders increasingly are unloading foreclosed homes as supplies continue to mount in Sonoma County — good news for buyers and bad news for homeowners trying to sell.

One in four homes sold in Sonoma County in February were foreclosed upon in the past 14 months. Every week in February, buyers purchased 16 houses or condos that had recently been in foreclosure, according to DataQuick Information Systems. more...

Real Estate Legal Discussion

Neighbor against Neighbor 2007 Mediation

Jim W Hildreth — Mon, 31 Mar 2008 18:25:55 -0700

Neighbor against neighbor

The neighbors used to talk, but after a series of disputes over fencing, an easement and the lack of access, the level of frustration and non- communication became common ground.

They shared the same roadway and would have to pass one another.

The feud reached the scale of physical threats.
The only option was a lawsuit.

Attorneys were retained and litigation was started.

The Superior Court suggested mediation. The neighbors were reluctant and would never allow face-to-face meetings. more...

Real Estate Legal Discussion

Real Estate Disputes

Jim W Hildreth — Sun, 30 Mar 2008 13:43:16 -0700

Often Real Estate tranactions run smooth, however if there is a dispute between the parties, the agents, non-diclosure issues, fee disputes, easement what alternative are available vs litigation.

The following website and blog is centered around mediation as an alternative to litigation.

Each state is different, however many states will have mediation built into standard forms.

The following site is and author are based in California.

http://www.RealEstateMediation.org

Jim W Hildreth
Real Estate Mediator

Real Estate Legal Discussion

Foreclosure forced by lending partner my credit? What can I do?

mechelle — Tue, 18 Mar 2008 16:45:02 -0700

It's easy as a realtor to give real estate advice to a client, but when you're in a situation that seems so personal? I'm lost for words and solutions!

Ten years ago I bought my own home months after filing bankruptcy. Every year for almost 9 of 10 I've been keeping my bills down to a minimum Car and home only paying everything on time. Keeping my credit clean but rising! Five years ago I divorced my
husband and even on a single income, although struggling I managed to make all my payments on time. more...

Real Estate Legal Discussion

Broker Liability for Agents

JOECLINE — Fri, 14 Mar 2008 17:52:27 -0700

Hi all,
I got a call from a lawyer today. He was specifically interested in my thoughts on the ability for brokers to limit their liability for the actions of agents under the broker's license.

Although, I've never been a party to real estate litigation, I think that Texas has a pretty clear point of view on the topic. Check out the Texas Real Estate Licensing Act:

Added by Acts 2001, 77th Leg., ch. 1421, § 2, eff. June 1, 2003.

§ 1101.803. GENERAL LIABILITY OF BROKER. A licensed
broker is liable to the commission, the public, and the broker's more...

Real Estate Legal Discussion

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Foxtons Inc vs. Cirri Germain Realty

JOECLINE — Sun, 09 Mar 2008 19:08:08 -0700

I was reading about legal decisions for the last week and saw this come across. I'll admit that I missed the initial suit (remember when the market was so hot you had trouble reading your emails!?), but the below is very interesting to me.

In the case, Cirri wrote a flier with no specific name, but obviously showing his opinion of an alternative business model. What did he get for his trouble? Sued.

Since when does fair competition justify a lawsuit? Seems like those brokers with alternative business models are just cry babies sometimes. Especially limited service brokers. Man-o-man (again this is my opinion), but it seems like those guys get mad about having to provide ANY level of care and fiduciary to their clients. We have a minimum service law here in Texas which I think is good. You can really get screwed up if you've never bought or sold and just do it with no guidance as some of the limited service brokers would probably like.

What do you think? Agree with my opinions? Disagree? I'd love to hear from people with all business models.

Anyway, check out the letter and if you are from an area that Foxtons serves see if you think they were defamed. I tried to think of a broker who uses this model here in Austin, but had no luck. Maybe there is one, but I can't think of who.

The decision of the lower court was affirmed. All of Foxtons' claims were unsuccessful.

About Austin | Coldwell Banker Austin

-----------------
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-6120-05T36120-05T3 more...

Real Estate Legal Discussion

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Guilty of Fraud? We'll Renew Your License in Texas

JOECLINE — Tue, 26 Feb 2008 17:05:20 -0800

I watched this on the news a few nights ago.

7 On Your Side: Convicted Criminal Still Selling Real Estate

All in all, Mohammad H. Gharbi, Austin, Texas, was found guilty of Conspiracy to Commit Mail Fraud, Wire Fraud and Bank Fraud.

Gharbi was one of twenty-five individuals indicted in Austin, Texas for his participation in a fraud and money laundering scheme that defrauded federally insured financial institutions and mortgage lenders of more than $15 million. more...

Real Estate Legal Discussion

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