The Supreme Court of Idaho reversed the trial court, finding that
the real estate licensees do not render «professional services» in the manner intended by the state's statute of limitations.
Real estate licensees do not have the training or expertise to inspect property for pests or dry rot.
A Kentucky appellate court has ruled that
a real estate licensee did not guarantee the quality of a pest control company when the licensee recommended the pest control company to a buyer.
Not exact matches
«Rather than working with
licensees they don't know, we're concerned people may decide to complete
real estate transactions without representation,» says BCREA CEO Robert Laing.
Coming, as I
do from the land where
licensees can have no other God before them but
real estate, my lip began to curl.
In the field,
licensees do their best, managers assess the results, civil courts,
real estate councils and insurance companies poke and prod the entrails.
(2) The designation of one or more
licensees as a designated agent
does not constitute dual agency under this section unless the
licensee designated as the designated agent represents the parties referred to in paragraph (a), (b), (c) or (d) of the definition of «dual agency» as clients in respect of a trade in
real estate.
According to the court, an associate
licensee represents a brokerage in a
real estate transaction and
does not have an independent agency relationship with the client.
Real estate licensee owed duty to disclose facts of which she was aware, but
did not have a duty to inspect the property.
The common wisdom — some of it mine, I had just finished six years on the
Real Estate Council — was the public would be better served by
licensees who were fully trained in property management, rather than by part - time practitioners who
did property management only when a client wanted them to find a tenant for the house just purchased.
There was no evidence that
licensees knew or should have known that elderly client
did not understand the
real estate transaction.
[34] A
licensee who engages in
real estate brokerage must disclose to the seller or buyer that the principal is selling or buying and
does not have legal title to the property.
b. the name of the firm with which the
licensee is affiliated as that firm name is registered with (name of
real estate regulatory body, commission, board etc.) or the d / b / a (
doing business as) name it has registered with the appropriate state / province agency, commonly recognized abbreviations are permitted;
While
licensees are supposed to be responsible for their own
real estate licenses, supervisors need to have systems in place to make sure their people keep up with their licenses and any continuing education requirements — and that
licensees don't continue to work if a license expires.
So last month we asked you, «
Do you believe that
real estate and other
licensees should be penalized with revocation of professional, driver's, and sport licenses as punishment for delinquent child - support cases?»
A Mississippi appellate court has ruled that no joint venture existed between a
real estate licensee and an investor when the two
did not share profits or participate in equal management of a for - profit business enterprise.
For instance, the Professional Standards Manual for BC realtors states that: «When a (
real estate)
licensee refers a client to a financial institution or a mortgage broker, the Registrar of Mortgage Brokers has determined that the
licensee will be considered to have arranged the mortgage if the
licensee does anything more than provide a name and contact information.
If a
licensee doesn't cooperate, that severely inhibits our ability to regulate the conduct of a
real estate business.
d. if the
licensee does not hold a
real estate broker or salesperson license for the jurisdiction in which the property is located, the regulatory jurisdiction (s) in which the
licensee does hold a
real estate broker or salesperson license.
c. the name of the firm with which the
licensee is affiliated as that firm name is registered with (name of
real estate regulatory body, commission, board etc.) or the d / b / a (
doing business as) name it has registered with the appropriate state / province agency, commonly recognized abbreviations are permitted; and
Licensees need to be mindful of how they refer to themselves and must take care not to characterize themselves as brokers if they don't hold a
real estate broker's license.
What if my state has a «
do not call» rule that provides an exemption for
real estate licensees or other
real estate activity exemption?
A state
do not call law that provided an exemption for
real estate licensees would be considered less restrictive and therefore preempted, prohibiting
real estate professionals in that state from making intrastate calls to persons on the Federal list, notwithstanding the state exemption.
It is certainly true that members of the public and
real estate licensees may contractually establish a relationship that is not an agency relationship; however, the extensive research conducted by Professor William Foster on behalf of the ATF confirmed that the courts view the relationship currently established by listing contracts and exclusive buyer agency contracts across Canada (except in the province of Quebec where the common law
does not apply) to be an agency relationship.
With respect to trust accounts, the amended statute provides that
real estate brokers and licensed
real estate property managers may not commingle funds in a client trust account, with the exception of compensation earned in connection with a
real estate sale, purchase, or exchange transaction.2 Commingling is defined as «the mixing of funds from any source, including personal funds, with trust funds... by a licensed
real estate property manager or principal
real estate broker.3
Licensees do not need to create a trust account when acting only as a courier conveying a check payable to the seller from the purchaser.4
There are other associations that can
do more for their careers and marketing contacts... experienced
licensees... lament that board membership
does: little to advance their careers, little to provide access to the research that will keep them savvy about emerging needs of their clients, (
does) not support higher standards for new entrants to the industry given the increased complexity of property issues, (
does) the dance of ambivalence about authentic professionalism as a goal for a
real estate brokerage career path, and has only a motherhood position on the importance of
real estate brokerage as a service that helps shape better communities by informed approaches to land and property issues.»
Registrar Brad Chisholm says that as the regulator for Nova Scotia's
real estate industry, NSREC has an obligation to consumers to ensure that
licensees are complying with their regulatory obligations and
does so, in part, by conducting regular brokerage audits.
We asked you, «
Do you believe that
real estate and other
licensees should be penalized with revocation of professional, driver's, and sport licenses as punishment for delinquent child - support cases?»
The
Real Estate Services Act and the rules
do not apply so long as the
licensee:
Licensees engaged in rental property management should be familiar with all of the requirements of RESA, the
Real Estate Services Regulation, and the Rules in order to ensure that they
do not inadvertently fail to comply or contravene what is required of them as a result of licensing.
Since what strata council members
do falls within the definition of
real estate services (strata management services) any
licensee who is a member of a strata council must meet the requirements of the
licensee exemption above (Exemption # 1 (b) above).
It should be called «Department of
Real Estate Licensees» because the DRE has nothing to
do with anyone that isn't licensed.
Since licensing is required of those providing
real estate services «to or on behalf of another, for or in expectation of remuneration», licensing and the other requirements of RESA
do not apply to strata council members who are not
licensees and who volunteer their time.
Section 4 - 6 of the Rules requires that if
real estate advertising identifies an individual
licensee, this must be
done by using the
licensee name of the individual.
The
Real Estate Services Act and the rules
do not apply to the
licensee, meaning the property may be managed separately from the related brokerage, so long as the
licensee:
The quality of a good
Real Estate School is what that school
does for its students and future
licensees.
The amendments further provide that
licensees must take certain steps if they are involved in a potential
real estate transaction where an offer to be presented to the seller
does not include the Standard Assignment Terms.
The Working with a Realtor ® brochure (developed by the British Columbia
Real Estate Association), under the heading «When there is no agency relationship», provides examples what a
licensee can and can not
do when working with a customer.
Misleading or untruthful advertising, including the use of the term «Realtor» ™ by a person not authorized to
do so, or using any other trade name or insignia or membership in any
real estate association or organization, of which the
licensee is not a member;
(d) advise the
licensee that, if the
licensee does not, within 14 days or a longer period allowed by the
real estate council, request such an opportunity to be heard,
287
DOS 98 Matter of
DOS v. Uqdah Realty & Management Corp. — deposits; jurisdiction; fraudulent practices; failure to pay judgment; vicarious liability; notary public; disclosure of agency relationship; broker violated 19 NYCRR 175.1 when he deposited escrow funds into his operating account; broker committed conversion when his operating account fell below deposit amount; broker engaged in fraudulent practices when he illegally retained buyer's trust funds and attempted to qualify prospective buyer for mortgage by falsely stating their employment; broker failed to disclose his agency relationship to his client; failure to pay judgment; corporate
real estate broker vicariously liable and charged with actual knowledge of violation of law because of representative broker's cognizant misconduct as corporate officer; broker is not required to deposit a refundable commission in an escrow account unless contractually demanded; corporate broker and representative broker's license revoked; restitution of deposit of $ 12,000 plus interest; notary public commission revoked based on misconduct as a
real estate licensee
A display kiosk
does not require licensing as a branch office provided it is only a display and not staffed by
real estate licensees or others.
102 (1) For the purpose of enabling
licensees to obtain indemnity against liability arising out of negligent errors or omissions in the provision of
real estate services, the insurance corporation must
do one or both of the following:
960
DOS 03
DOS v. Vazquez - deposits; unlicensed activity; duty to supervise sales associate; failure to cooperate with
DOS investigation; failure to pay judgment; sanction; broker fails to reply to
DOS's request for information; broker allows two individuals to work in association with brokerage without being properly licensed; broker fails to pay judgment; broker fails to return rental deposits in two transactions where the rental was not consummated; broker fails to supervise sales associate and is accountable for monies received by salesperson and unaccounted for; in setting penalty, it is proper to consider
licensees were found to have availed themselves of improper licensed
real estate salespersons and to have retained an unearned commission; corporate broker's license and representative broker's license revoked and brokers ordered to pay restitution in the amount $ 7,725.00 and judgment in the amount $ 740.37
(5) A
licensee who intends to acquire, directly or indirectly,
real estate must provide a notice in accordance with subsection (6) if a contract to be presented to the seller for consideration
does not contain a term referred to in subsection (3)(a) or (b).
If the office is used by related
licensees to only complete paperwork and make telephone calls, and the office
does not have any signage to indicate that it is a
real estate office, it will not be required to obtain licensing under the Act.
(4.01) Subsection (1)
does not apply to money held or received by a
licensee providing trading services in relation to a trade in
real estate if
Licensees must take certain steps if they are involved in a potential
real estate transaction where an offer to be presented to the seller
does not include the Standard Assignment Terms.
If you're an affiliate, or a
real estate licensee who
does not need another designation, RPI Training Part 1 (6 hours) is perfect for you!
6
DOS 94 Matter of
DOS v. Eagle Financial Services - motion to amend complaint; procedural due process; motion for severance; motion for stay of proceedings; adjournment; once issued, license is valid even if procured by fraud and voidable only in quasi-judicial proceeding; negotiating of mortgage loan requires
real estate license; corporate
licensee vicariously liable for conduct of unlicensed salesperson; failure to return and conversion of deposits