Many of the regulatory body staff members who served as members of the ATF had extensive experience as real
estate licensees prior to joining those regulatory bodies.
A purchaser may recover in a civil action brought under the Disclosure Act against a real estate licensee if the licensee fails «to disclose to a purchaser a defect actually known to the real
estate licensee prior to the acceptance of an offer to purchase and which were not included in the disclosure statement.»
Not exact matches
In casting around to share the blame I tarred the Real
Estate Council of B.C. (RECBC) who,
prior to 2002, had enforced a regulation barring
licensees from having another occupation.
We had experienced a doubling of our average price over the
prior five years and a corresponding increase in real
estate licensees.
In this way, the buyer's agent could obtain a disclosure form from the
licensee offering real
estate for sale or lease
prior to writing up the offer.
As a NC real
estate licensee, you may login to the NC Real Estate Commission website to verify that the continuing education courses you completed prior to the June 10th deadline have posted to your ac
estate licensee, you may login to the NC Real
Estate Commission website to verify that the continuing education courses you completed prior to the June 10th deadline have posted to your ac
Estate Commission website to verify that the continuing education courses you completed
prior to the June 10th deadline have posted to your account.
Licensees should obtain independent professional accounting and legal advice
prior to making application for licensing to ensure that proceeding with the licensing of a personal real
estate corporation is in the best interest of the
licensee.
107 DOS 98 Matter of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service of a notice of hearing and complaint the party was (i) licensed to engage in regulated real
estate activities, or (ii) an applicant for either a license or for the renewal of a license to engage in regulated real
estate activities, or (iii) eligible to automatically renew the
prior license under the two - year limitation provision of RPL § 441 (2); ex parte hearing is permissible upon proof of proper notice of hearing; DOS has subject matter jurisdiction where party was licensed at the time proceeding was commenced and, where at time of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2);
licensee operated a real
estate brokerage business under an unlicensed name;
licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given;
licensee's illegal exercise of right of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden of proof to establish
licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount of $ 1,900 plus interest, fine of $ 1,000 and any further application for licensure shall not be considered until applicant pays said fine and provides proof of payment of restitution
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed;
licensee fails to timely provide seller client with agency disclosure form
prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real
estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real
estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its
licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
As noted in a
prior edition of the Legal Pulse, South Carolina passed a new statutory scheme, effective January 1, 2017, governing real
estate licensees.
As other Chairs have done before me, I would urge all
licensees to ensure that they are properly licensed and competent to render the requisite real
estate services
prior to doing so.
For most
licensees, the required 3 hours in Rules and Regulations plus the 11 hours in elective topics approved by the Pennsylvania Real
Estate Commission, will total the necessary 14 hours needed for renewal
prior to May 31, 2018.