Caveat REALTOR

By Virginia REALTORS® Podcast Network

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Podcast by Virginia REALTORS® Podcast Network

Episode Date
Homeowner's Insurance
00:09:12
Cate and Jessica discuss how damage to a property can impact a transaction and what your clients need to know about insurance.
Sep 17, 2019
CIC Board
00:09:04
Jessica and Laura discuss the Common Interest Community Board – what is it and how does it tie in with the Property Owners’ Association Act.
Sep 10, 2019
Managing Your Own Property
00:09:39
Jessica and Laura discuss what you need to know as a licensee managing your own rental property.
Sep 03, 2019
Back to School
00:12:53
Cate and Laura discuss how to guide your clients through the decision of where to purchase a house when they want information about the public schools.
Aug 27, 2019
Home Inspection Contingencies
00:15:46
Cate and Laura discuss the home inspection contingency, including deadlines.
Aug 20, 2019
Escrow Grab Bag
00:17:40
Jessica and Cate discuss escrow basics and some recent hotline questions.
Aug 13, 2019
Permit Disclosures
00:10:10
Cate and Jessica discuss what disclosures you must make about unpermitted work done to a house.
Aug 06, 2019
Down By The Water Way
00:12:34
Cate and Jon discuss the rights your clients have when purchasing a home with water access.
Jul 30, 2019
Cross-Over New Laws 2
00:15:30
In this second cross-over episode, Real Politic's Erin Barton, and Caveat REALTOR's Laura Farley talk about changes from the 2019 General Assembly related to property management.
Jul 23, 2019
Website Accessibility 2.0
00:11:01
Jon and Jessica provide updated guidance on how to make sure your website is accessible.
Jul 16, 2019
Cross-Over New Laws
00:12:37
In this first of two cross-over episodes, Real Politics' Erin Barton, and Caveat REALTOR's Laura Farley talk about changes from the 2019 General Assembly.
Jul 09, 2019
Risky Business - E and O Insurance
00:15:49
Cate and Jon discuss E&O insurance--what it is and why you need it.
Jul 02, 2019
Setting up a Referral Business
00:10:26
Cate and Jon discuss LFROs and how to legally and ethically operate as a referral agent.
Jun 25, 2019
Mineral Rights
00:13:52
Cate and Laura discuss the laws surrounding mineral rights in Virginia.
Jun 18, 2019
SPAM I Am
00:12:57
Cate and Jessica talk about how the CAN-SPAM Act affects your email marketing.
Jun 11, 2019
Branding and Social Media
00:12:56
Jon and Jessica discuss how to build your brand with social media and how to avoid some risks when doing so.
Jun 04, 2019
July 1 New Forms
00:13:24
Jon and Cate discuss the updated Standard Forms that will debut on July 1.
May 28, 2019
100th Episode!
00:11:00
Join all four of the members of the Legal Team as they celebrate Caveat REALTOR®'s 100th episode.
May 21, 2019
Green Homes
00:12:18
Cate and Laura talk about green home certifications and how real estate professionals can protect themselves.
May 14, 2019
Virginia REALTOR® Organization
00:08:29
Cate and Laura discuss the Virginia REALTOR® organization and how you can get involved!
May 07, 2019
Hold the Phone
00:15:41
Hold the phone! In this episode, Cate and Jessica discuss the Do Not Call registry and the Virginia Telephone Privacy Protection Act. Learn the basics of the Do Not Call registry so that you can comply with federal and Virginia state regulations regarding telemarketing.
Apr 30, 2019
Teams and Advertising
00:11:16
Jessica and Cate make a great team discussing advertising requirements for real estate teams. It is teeming with information on how your real estate team can comply with the rules and regulations for advertising.
Apr 24, 2019
Working Outside Your MLS
00:12:59
Jessica and Jon discuss how to work on deals outside of your MLS -- how to cover bases with forms and compensation, and what risks and pitfalls to look out for.
Apr 16, 2019
Scram Scams
00:17:01
Scram Scams by Virginia REALTORS® Podcast Network
Apr 09, 2019
Felons and Fair Housing
00:13:50
Laura and Jon discuss criminal background checks and how they can – and can’t – be used.
Apr 02, 2019
Back to Basics
00:14:03
Jessica and Laura discuss some basic legal real estate 101 topics that have popped up since Jessica joined the Legal Team.
Mar 26, 2019
Online Persona
00:10:35
Laura and Jessica discuss how to manage your online reputation.
Mar 19, 2019
No Discounts Here Full Price Offers
00:15:36
Cate and Jon discuss the world of full prices offers, or even those that go above list price.
Mar 13, 2019
Business Continuity
00:10:46
Business Continuity by Virginia REALTORS® Podcast Network
Mar 06, 2019
Electronic Signatures
00:10:35
What are electronic signatures and what do you need to know about them? Jon and Laura break it down for you.
Feb 26, 2019
R U Creating a Contract Over Text?
00:17:07
Send questions to Legal Live - LegalLive@virginiarealtors.org. Join us this Thursday! Can a text message be a legal contract? Jessica and Jon use a Massachusetts case study to answer that question.
Feb 19, 2019
To All the Houses I've Loved Before
00:13:50
It's Valentines Day! Cate and Jon discus the very popular buyer's love letter. They address the surprising Fair Housing Concerns that arise with these letters, and how they may not be such a great idea after all.
Feb 12, 2019
Commitment to Excellence
00:14:02
Send questions to Legal Live - LegalLive@virginiarealtors.org. Join us this Thursday! NAR has a new Commitment to Excellence program and Laura and Cate talk about how to increase your professionalism.
Feb 05, 2019
Agents Leaving Firms
00:16:15
What to do when agents leave firms to move to other firms. Jessica and Cate discuss licensing requirements, client contact and commission concerns.
Jan 29, 2019
Interest Rate Hikes
00:10:00
The Federal Reserve has decided to raise interest rates again. Laura and Jon grab their green visors and set aside bad memories of college accounting classes and discuss what this means for the housing market as mortgage rates will also rise.
Jan 22, 2019
Interest Rate Hikes
00:09:58
The Federal Reserve has decided to raise interest rates again. Laura and Jon grab their green visors and set aside bad memories of college accounting classes as they discuss what this means for the housing market as mortgage rates will also rise.
Jan 22, 2019
Legal Hotline Grab Bag
00:13:31
We sift through the Legal Hotline Grab Bag to celebrate 2019! Cate and Jon review their favorite questions of 2018 including topics from property management to teams, with a little of everything mixed in between.
Jan 15, 2019
Legal Hotline Grab Bag
00:13:30
We sift through the Legal Hotline Grab Bag to celebrate 2019! Cate and Jon review their favorite questions of 2018 including topics from property management to teams, with a little of everything mixed in between.
Jan 15, 2019
Legal Hotline Grab Bag
00:12:48
The Legal team opens up the Legal Hotline mailbag. Cate and Jon talk about some commonly-asked questions and provide our answers. Topics range from property management to teams, with a little of everything in between.
Jan 15, 2019
Lead Based Paint Update
00:13:49
What are the requirements of the Federal Lead Based paint regulations? Jon and Laura explain and introduce the updates to the Lead Based Paint Disclosure Form. They take it to the legal hotline and show you how to limit your risk.
Jan 08, 2019
Flood Insurance Best Practices
00:15:57
The Legal team discusses the best ways to help protect your clients when it comes to flood insurance. Jessica and Laura talk about flood insurance in general, as well as the ways in which it might be changing based on new federal legislation. They also discuss flood hazard areas and what your clients do and do not have to disclose. Finally, they answer a few Legal Hotline questions from you, our members.
Jan 01, 2019
2019 Standard Forms Update
00:09:16
This week, the Virginia REALTORS® legal team celebrates the holidays with an episode dedicated to the January 1 Standard Forms updates. Laura and Jessica talk about the 14 forms that will be updated and how those updates might affect your business practices. They also sneak in some quotes from holiday movie favorites as our gift to you!
Dec 25, 2018
Code of Ethics 2019 Update
00:14:46
This week, the Virginia REALTORS® legal team discusses the 2019 updates to the Code of Ethics. Laura and Cate talk about the update to Standard of Practice 1-7, and what that update means for you as a real estate professional. They also answer some possibly made-up hotline questions regarding this update.
Dec 18, 2018
January 1 New Laws and Teams
00:11:22
This week, the Virginia REALTORS® legal team discusses what you need to do to be compliant with the laws effective January 1, 2019. Jon and Cate talk about the new laws that will go into effect on January 1, with an emphasis on the laws regulating teams. They touch on the new definition of a team and what you must do to register with DPOR, and they answer some of the many questions we’ve received about these new laws.
Dec 11, 2018
Cybersecurity Part II
00:15:40
This week, the Virginia REALTORS® legal team continues the discussion of how to best protect yourself in the digital age. Jessica and Jon discuss strong passwords, password managers, and two-factor authentication. They also provide tips to protect yourself from phishing and other email-based scams. Finally, they answer a few legal hotline questions and provide best practices for you to limit the risk to you and your clients.
Dec 04, 2018
"Coming Soon" and Pocket Listings
00:10:26
This week, the Virginia REALTORS® legal team discusses the differences between properties that are “coming soon” and pocket listings. Jon and Laura talk about how to protect yourself as a listing agent if your clients want to use one of these two options, and the risky nature of pocket listings. Finally, they share tips that can help you limit your risk and answer some Legal Hotline questions.
Nov 27, 2018
REALTOR(R) and Equal Housing Opportunity Logos in Advertising
00:10:36
This week, the Virginia REALTORS® legal team discusses two items that can be very important in your advertising: the REALTOR® Block R logo and the Equal Housing Opportunity Logo. Cate and Jessica discuss how the Block R logo can be used by REALTOR® members and how the Equal Housing logo can be advantageous if used correctly and consistently. Finally, they answer a few legal hotline questions about using these marks in advertising.
Nov 20, 2018
Caveat REALTOR® with Virginia REALTORS®: License Renewal
00:15:42
This week, the Virginia REALTORS® legal team talks about the DPOR regulations governing license renewal. Laura and Cate talk about both how soon a new agent can start practicing and how DPOR handles transfers between firms. They also discuss the delay in license lookup for an expired license and how that does not mean you can continue to practice. Finally, they answer some common legal hotline questions on the topic.
Nov 13, 2018
Caveat REALTOR® with Virginia REALTORS®: Termination v. Release
00:14:03
This week, the Virginia REALTORS® legal team discusses how to use a notice of termination and a release, and how using one without the other can get you into hot water. Cate and Jon talk about the differences between the two documents and the situations in which you would want to use one or both. They also answer some legal hotline questions, including discussing how a new law can allow you to release the EMD without a signed release.
Nov 06, 2018
Caveat REALTOR®: Property Management Nightmares
00:13:25
This week, the Virginia REALTORS® legal team gets spoooooky with stories of property management nightmares! Cate and Jon discuss unauthorized animals, disappearing tenants, and abandoned property. Tune in and listen…if you dare!
Oct 30, 2018
Caveat REALTOR®: Defaulting Tenants
00:12:47
This week, the Virginia REALTORS® legal team continues Property Management Month with a discussion of how to deal with defaulting tenants. Jon and Cate talk about the different ways in which tenants can default under a lease, and how the VRLTA allows you to handle those situations. They talk about failure to pay rent, unauthorized animals, and criminal activities on the property. Finally, they answer some real questions from the Legal Hotline.
Oct 23, 2018
Caveat REALTOR®: Tenant Move-Out Inspection
00:10:05
This week, the Virginia REALTORS® legal team continues our Property Management series with a look at tenant move out inspections. Cate and Jon talk about the notice requirements for tenant move out and how they affect your deadlines to conduct the move-out inspection. They discuss the benefit of using a move-out inspection form, and they tell you what you should do if you discover additional damage after the move-out inspection.
Oct 16, 2018
Caveat REALTOR®: Evictions
00:10:38
This week, the Virginia REALTORS® legal team continues Property Management Month by discussing the eviction process. Jon and Cate talk about what notice is required to tenants before beginning the eviction process, as well as the legal steps necessary to obtain a writ of possession. They also answer some legal hotline questions and discuss how property managers can limit their risk during the eviction process.
Oct 09, 2018
Caveat REALTOR®: Tenant Applications
00:13:31
This week, the Virginia REALTORS® legal team begins property management month with a discussion of the tenant application process. Cate and Jon discuss application fees, who needs to sign the lease, and what you can (and cannot) ask as part of the application process. They also talk about Fair Housing issues that often come up in the tenant selection process. Finally, they discuss best practices to help you limit your risk.
Oct 02, 2018
Caveat REALTOR®: Contracts 101
00:11:25
This week, the Virginia REALTORS® legal team takes everyone to school with Contracts 101. Jon and Laura discuss the basics of contract law, including how to accept an offer, the difference between unilateral and bilateral contracts, and whether an EMD is necessary to make a valid contract. They also answer some legal hotline questions, including whether you can write a contract with a settlement date two years in the future.
Sep 25, 2018
Caveat REALTOR®: Radon
00:12:45
This week, the Virginia REALTORS(R) legal team discusses issues surrounding radon. Cate and Jon talk about how radon gets into homes, how you test for it, and how you can cure high levels. They also answer some questions from the hotline, such as whether you need two separate companies to test, mitigate, and retest. Finally, they explain how you can limit your risk as a REALTOR when dealing with radon testing.
Sep 18, 2018
Caveat REALTOR®: HUD and Facebook
00:09:12
This week, the Virginia REALTORS® legal team discusses the recent Fair Housing complaint filed by HUD against Facebook. Laura and Erin talk about how to protect yourself while advertising on Facebook, as well as other platforms, if you want to use targeted advertising.
Sep 11, 2018
Caveat REALTOR®: License Status Disclosure
00:11:44
This week, the Virginia REALTORS® legal team talks about the disclosures you must make when you as a licensee are buying or selling a home. Cate and Erin discuss the requirements from both the Virginia Real Estate Board and the Code of Ethics. They also answer some legal hotline questions, including what to do if you’re a licensee in Virginia but are selling a property in another state.
Sep 04, 2018
Caveat REALTOR®: Unrepresented Buyers
00:11:29
This week, the Virginia REALTORS® legal team continues the discussion about unrepresented parties in a real estate transaction, this week focusing on the unrepresented buyer. Cate and Erin discuss what you as a licensee can and can’t do for an unrepresented party, particularly when it comes to offering your professional judgment. They then answer some questions from the legal hotline, including what to do if a prospective buyer refuses to sign a disclosure sheet.
Aug 28, 2018
Caveat REALTOR®: Buyer Agents and FSBOs
00:15:28
This week, the Virginia REALTORS® legal team discusses some best practices for buyer agents when dealing with For Sale By Owner properties (FSBOs). Cate and Erin discuss the importance of the one-time showing agreement, as well as some negotiating tactics to use. They also answer some real-life questions from our members and tell you how to limit your risk when dealing with FSBOs.
Aug 21, 2018
Caveat REALTOR®: Assistance Animals and DPOR
00:14:25
This week, the Virginia REALTORS® legal team discusses the way Virginia regulates assistance animals. Jon and Cate talk about the requirements for assistance animals, including what you can and cannot ask about as the landlord or property manager. They also discuss the concept of therapeutic relationship and how a tenant can prove this relationship in Virginia. They also respond to real-life questions from the Legal Hotline and explain how you can limit your risk when dealing with assistance animals.
Aug 14, 2018
Caveat REALTOR®: Code of Ethics
00:12:03
This week, the Virginia REALTORS® legal team discusses Article 1 of the Code of Ethics. Jon and Austin discuss the various standards of practice within Article 1, and how they govern your interactions with both your client and other parties to a transaction. They then answer some legal hotline questions and tell you how to limit your risk when it comes to the Code of Ethics.
Aug 07, 2018
Caveat REALTOR®: Procuring Cause and Arbitration
00:17:18
This week, the Virginia REALTORS(R) legal team discusses procuring cause. Cate and Jon talk about the fact-specific test used to determine procuring cause in disputes between buyers agents. They also discuss arbitration, for those unfortunate times where negotiations don't work. They answer some questions from the legal hotline and finally discuss how you can limit your risk (hint: make sure you have a signed brokerage agreement!).
Jul 31, 2018
Caveat REALTOR®: Compensation and Commissions
00:11:32
This week, the Virginia REALTORS® legal team discusses a topic near and dear to our members’ hearts: how to get paid! Cate and Laura talk about the importance of a listing agreement and how an offer of compensation in the MLS can affect compensation. They then answer a few legal hotline questions, including what happens if the MLS offer is less than what is listed in the buyer brokerage agreement. Finally, they discuss how you can limit your risk and protect your earnings.
Jul 24, 2018
Caveat REALTOR®: Online Reviews
00:09:51
This week, the Virginia REALTORS® legal team discusses how to handle negative reviews in the digital age. Jon and Cate discuss the best way to handle negative experiences with Yelp, Google, and other websites, both from an emotional and practical perspective. They also discuss how the Virginia REALTORS® Legal Action Fund can provided much-needed assistance if you end up in court for this or any other reason.
Jul 17, 2018
Caveat REALTOR®: Contract FAQs
00:09:40
This week, the Virginia REALTORS® legal team discusses some areas of the purchase contract about which we often receive questions. Jon and Cate talk about what constitutes a “business day” and the difference between “on or about” and “time is of the essence” contracts. Finally, they when a buyer actually receives possession of the property.
Jul 10, 2018
Caveat REALTOR®: New Forms
00:13:04
Happy Independence Day! In this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the July 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Austin and Laura introduce our new forms and discuss which forms were updated. To conclude, they review how brokers and agents can limit their risk by using Standard Forms, and understanding the language in those forms.
Jul 03, 2018
Caveat REALTOR®: New Laws 2018
00:13:45
This week, the Virginia REALTORS® legal team discusses the new laws passed in the 2018 General Assembly. Erin and Laura talk about what laws passed and how those changes could affect your business come July 1, 2018.
Jun 26, 2018
Caveat REALTOR®: First Anniversary Special
00:12:47
This week, the Virginia REALTORS® legal team celebrates a full year of Caveat REALTOR® by running through various updates in Virginia law. Austin and Erin also go through a greatest hits collection of Legal Hotline questions.
Jun 19, 2018
Caveat REALTOR®: Show Me The Money!
00:14:56
This week, the Virginia REALTORS® legal team discusses earnest money deposits. Laura and Jon talk about the risks involved for real estate licenses with regard to confirming that EMDs have been paid into escrow, particularly when it comes to the potential for identity theft. They also answer some questions from the legal hotline regarding how to handle EMDs both from the listing and buying sides of a transaction.
Jun 12, 2018
Caveat REALTOR®: Advertising and the Regs
00:13:00
This week, the Virginia REALTORS® legal team discusses how the VREB regulations affect advertising. Laura and Jon talk about the distinction between print and electronic advertising, and the different disclosures required for each. They also answer some legal hotline questions regarding advertising, social media, and text messages.
Jun 05, 2018
Millitary and Real Estate
00:09:07
This week, the Virginia REALTORS® legal team explores the topic of real estate and the military. In recognition of Memorial Day weekend, Jon and Austin talk about the unique issues faced by both military members and real estate professionals when it comes to finding a home.
May 29, 2018
Caveat REALTOR®: Teams
00:14:11
This week, the Virginia REALTORS® legal team discusses real estate Teams. Erin and Laura talk about what is a real estate team and changes to the laws in the most recent general assembly that will affect these Teams. They also answer some legal hotline questions, such as “What are the advertising regulations for Teams?” and “Can my broker pay my Team directly?”.
May 22, 2018
Caveat REALTOR®: Intellectual Property
00:11:00
This week, Virginia REALTORS®’s legal team discusses the ways that intellectual property law affect REALTORS®. Erin and Jon discuss copyright and trademark law and how each can directly affect your work as a real estate professional. They also address legal hotline questions regarding MLS photographs and the proper use of the REALTOR trademark.
May 15, 2018
Caveat REALTOR®: Commissions
00:09:21
This week, the Virginia REALTORS® legal team explores the topic of real estate compensation, specifically brokerage commissions. Erin and Jon talk about how Virginia regulations governs what you can and cannot pay to non-licensed assistants, and they discuss why money paid to licensees must flow through the broker. They also answer some real-life questions from the Legal Hotline and explain how you can limit your risk when it comes to commissions.
May 08, 2018
Caveat REALTOR®: Kickbacks and Referrals
00:10:19
This week, the Virginia REALTORS® legal team completes a two-part series on RESPA by discussing kickbacks and referrals. Jon and Erin talk about the six forms of permissible compensation under RESPA, and how the Prospect Mortgage case has changed the regulatory landscape. They also answer some legal hotline questions, such as “Can I offer to contribute money to a charity of the person’s choosing if they refer me clients?”. Finally, they tell you how to best limit your risk when it comes to RESPA.
May 01, 2018
Caveat REALTOR®: Affiliated Businesses
00:11:15
This week, the Virginia REALTORS® legal team discusses affiliated businesses and how they work in the context of RESPA. Laura and Jon examine how Congress carved out an exception to RESPA for these business arrangements, provided that they meet a three-part test. They also answer Legal Hotline questions, including the disclosures a broker must make when she owns a percentage of a title insurance agency.
Apr 24, 2018
Caveat REALTOR®: Short Term Rentals
00:10:56
#caveatrealtor #shorttermrental #realestate #virginia
Apr 17, 2018
Caveat REALTOR®: Fair Housing
00:07:45
This week, the Virginia REALTORS®’s legal team discusses the history of the Fair Housing Act. With the celebration of the 50th anniversary of the Fair Housing Act, Erin and Austin discuss how we got to where we are today. They discuss the history of both the federal Fair Housing Act and the Virginia Fair Housing Act.
Apr 10, 2018
Caveat REALTOR®: Net Neutrality
00:09:31
This week, the Virginia REALTORS®’s legal team discusses net neutrality. Austin and Laura discuss the concept of net neutrality and how recent federal regulatory decisions might impact that going forward. They also touch on how these changes might affect the real estate industry, as internet service providers could create new pricing structures that could cost brokerages more money to provide high-speed internet access.
Apr 03, 2018
Caveat REALTOR®: Independent Contractors
00:09:23
This week, the Virginia REALTORS® legal team discusses the difference between independent contractor relationships and limited service agreements. Erin and Jon talk about the duties owed by real estate licensees to their clients in each of these situations, and how the relationships differ in significant ways. They also answer some legal hotline questions, such as “Can my firm offer both full- and limited-service relationships?” and “If I have an independent contract with a Seller, do I have to disclose that to an unrepresented party?”.
Mar 27, 2018
Caveat REALTOR®: Incapacitated Clients
00:13:43
This week, the Virginia REALTORS® legal team discusses incapacitated clients and how that incapacity affects real estate deals. Erin and Cate discuss how age, mental capacity, and intoxication affect the ability of clients to enter into binding agreements in Virginia. They also answer some legal hotline questions, including one where a client is diagnosed with Alzheimer’s Disease prior to ratification of the sales contract.
Mar 20, 2018
Caveat REALTOR®: Mediation vs. Litigation
00:08:11
This week, the Virginia REALTORS® legal team discusses mediation versus litigation in real estate disputes. Laura and Austin talk about the differences between formal (litigation) and informal (mediation) resolutions to disputes in the court system, and they discuss how Virginia REALTORS® forms address this issue. They also answer some legal hotline questions such as, “What’s the point of going to non-binding mediation?” and “Who can I use as a mediator?”.
Mar 13, 2018
Caveat REALTOR®: Property Management and Mold
00:09:13
This week, Virginia REALTORS®’s legal team discusses the responsibilities of landlords and property managers with regards to mold. Erin and Jon review landlord requirements for remediation under the Virginia Residential Landlord Tenant Act when a tenant reports evidence of visible mold. They answer some legal hotline questions, such as “What are the 'professional standards' for mold remediation?” Finally, Erin and Jon discuss how property managers can limit their risk when they receive reports of visible mold in rental properties.
Mar 06, 2018
Caveat REALTOR®: Atlantic Coast Pipeline and Disclosures
00:14:23
This week, Virginia REALTORS®’s legal team discusses the Atlantic Coast Pipeline, also known as the Dominion Pipeline. Erin and Austin discuss what the Atlantic Coast Pipeline is, and explore what a real estate licensee’s disclosure requirements may be for properties in the proposed pipeline’s path. They answer some legal hotline questions, such as “I have a seller that lives in a county that is in the pathway of the pipeline. She believes that her property will be directly affected, and wants to know if she must disclose this to potential buyers?” Finally, Erin and Austin discuss how real estate licensees can limit their risk when working with buyers and sellers in the areas affected by the proposed pipeline.
Feb 27, 2018
Caveat REALTOR®: Co-Marketing Agreements and RESPA
00:11:49
This week, Virginia REALTORS®’s legal team takes another look at the Real Estate Settlement Procedures Act, or RESPA, by focusing on co-marketing agreements. Erin and Jon discuss what exactly co-marketing agreements are and how RESPA treats these types of agreements. They answer some legal hotline questions, such as “I have a co-marketing agreement with a settlement company. I typically pay for all the marketing and have the settlement company reimburse me for half, but it varies depending on the number of referrals that we receive from the settlement company. Is this problematic?” Finally, Erin and Jon review some ways to limit your risk when engaging in co-marketing agreements.
Feb 20, 2018
Caveat REALTOR®: Road Maintenance Agreements
00:09:21
This week, the Virginia REALTORS®’s legal team discusses Road Maintenance Agreements. Laura and Jon talk about the Property Owners' Association Act and its requirements, and then take a closer look at Road Maintenance Agreements and whether they must be disclosed to prospective buyers. They answer some legal hotline questions, such as “If the current owners have a verbal agreement to chip in whenever the common driveway needs repair, is there anything I need to disclose?” Finally, Laura and Jon discuss some ways to limit your risk when buying or selling a property subject to a Road Maintenance Agreement.
Feb 14, 2018
Caveat REALTOR®: Tax Reform
00:08:16
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team provides an overview of the sweeping federal tax reform bill passed by Congress in late 2017. Jon and Austin discuss how the bill affects individual and business taxpayers, and specifically how the new framework impacts real estate professionals.
Feb 06, 2018
Caveat REALTOR®: Dual vs Designated Agency
00:14:28
This week, the Virginia REALTORS®’s legal team discusses agency, which is one of the most popular topics on the legal hotline. Austin and Cate discuss the distinction between dual and designated agency in real estate transactions. They review some legal hotline questions, such as “When representing a seller and a buyer as a dual agent, should I disclose to the buyer that the seller has told me that the property will go to foreclosure in 30 days?” Finally, Austin and Cate review some ways agents can limit their risk when engaging in dual or designated agency, such as by establishing clear office policies.
Jan 30, 2018
Caveat REALTOR®: Property Management and Utilities
00:16:28
After a week of frigid temperatures and many reports of burst water pipes, the Virginia REALTORS®’s legal team discusses property management and what to do if there is an interruption in the utilities that you are required to provide to your tenants. Erin and Laura discuss what utilities a landlord is requires to provide under the VRLTA and what actions landlords and tenants need to take when there is a problem with the utilities. They answer some legal hotline questions, such as “My tenants left for the holidays and turned off the heat. The housekeeper went by the house during their absence, turned on the heat, and a pipe burst. Can I hold their security deposit for the damages?” Finally, Erin and Laura discuss some ways to limit your risk when managing property to ensure that you and the landlord comply with the requirements of the VRLTA and the lease.
Jan 23, 2018
Caveat REALTOR®: Fair Housing Compliance
00:11:52
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Fair Housing Act. Jon and Cate explore how to create an interactive process with tenants who request accommodations, what you can and cannot ask about during the tenant selection process, and what constitutes a disability under federal law. They answer some legal hotline questions, such as "My complex does not assign parking spots to residents. Instead, it’s always first come, first served. A tenant has a mobility impairment that severely limits her ability to walk and requested an assigned parking place as close to her unit as possible. Do I have to do that?" Finally, Cate and Jon discuss how you can limit your risk when engaging in this interactive process with tenants who request accommodations.
Jan 16, 2018
Caveat REALTOR®: Cryptocurrencies and Real Estate
00:11:20
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cryptocurrencies and how they work in real estate transactions. Cryptocurrencies, such as Bitcoin, have been leading news stories, especially as the valuation of these currencies have been rising and have become more widely accepted by businesses. Laura and Austin answer some legal hotline questions, such as "A client wants to pay my commission using a cryptocurrency, do I need to accept?" Finally, they review how brokers and agents can best serve their clients and limit their risk when working on transactions involving cryptocurrencies.
Jan 09, 2018
Caveat REALTOR®: January 2018 Forms Update
00:20:38
Happy New Year! In this New Year’s episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the January 2018 updates to the Virginia REALTORS® Standard Forms. All members of Virginia REALTORS® have access to our library of Standard Forms. Erin and Laura identify the deleted forms, discuss which forms were updated, and introduce one new form – the Termination of Property Management Agreement. To conclude, they review how brokers and agents can limit their risk by using Standard Forms, and understanding the language in those forms.
Jan 02, 2018
Caveat REALTOR®: Standard Clause Booklet
00:10:43
On this holiday episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses the Standard Clause Booklet. While Santa Claus visited many this holiday season, the Standard Clause booklet is available all year to members of Virginia REALTORS®. Laura and Cate discuss what the Standard Clause Booklet is, how members of Virginia REALTORS® can use it, and where it is located. Finally, they review how brokers and agents can limit their risk by using the Standard Clause Booklet, requesting help through the Legal Hotline, and always using an attorney to draft new language in contracts.
Dec 26, 2017
Caveat REALTOR®: When the Levee Breaks
00:12:25
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses flood insurance. It is a topic that has taken on greater importance for homeowners and, consequently, REALTORS® in recent years. Laura and Jon answer some legal hotline questions, such as “My client is selling a property that requires flood insurance because it floods every five years or so. The last flood damaged the subfloor and he never got around to getting it fixed. Because the damage is related to flooding, he doesn’t have to disclose to the buyer, right?” Finally, they review how brokers and agents can limit their liability when discussing flood insurance with their clients.
Dec 19, 2017
Caveat REALTOR®: Harassment in the Workplace
00:13:18
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses harassment in the workplace, a topic that has been dominating news stories over the past few weeks. Cate and Jon discuss broker liability for harassment in the office, how to prevent harassment in the workplace, and what policies brokers should have in place. They answer some legal hotline questions, such as “My agents are all independent contractors, can I make them adhere to an anti-harassment policy?” Finally, Cate and Jon review how brokers can limit their liability and create a safe work space for their employees and independent contractors.
Dec 12, 2017
Caveat REALTOR®: Tenant Selection Criteria
00:17:35
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team looks at property management and discusses tenant selection criteria. Cate and Erin discuss some best practices in establishing tenant selection criteria and review Fair Housing laws. They answer some legal hotline questions, such as “As one of my tenant selection criteria, can I refuse to rent to college students?” Finally, Cate and Erin review how you can limit your risk when establishing your tenant selection criteria.
Dec 05, 2017
Caveat REALTOR®: Real Estate Settlement Procedures Act
00:14:45
Virginia REALTORS®’s legal team discusses the Real Estate Settlement Procedures Act, or RESPA. Cate and Laura review the main provisions of RESPA, and discuss how it is applicable to brokers and real estate licensees. They answer some legal hotline questions, such as “I am going to host an open house for other agents. A local title company wants to reimburse me for the cost of food but does not want to do any marketing at the event. Would this be okay because I am not promoting the title company?” Finally, Cate and Laura review some ways to limit your risk to ensure that you do not violate any provisions of RESPA.
Nov 28, 2017
Caveat REALTOR®: REALTORS® Give Back
00:15:05
In this special Thanksgiving episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses REALTORS® and charitable giving. Erin and Laura discuss the benefits and some risks associated with advertising your charitable donations as part of your business or tying them to real estate transactions. They answer some legal hotline questions, such as “Can I require my agents to partake in volunteer activities or to donate a certain percentage of their commissions to charity?” Finally, Erin and Laura encourage you to consider donating on this Giving Tuesday to a cause that is important to you. Happy Thanksgiving!
Nov 21, 2017
Caveat REALTOR®: Pathways to Professionalism
00:16:00
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses going above and beyond the REALTOR® Code of Ethics. Cate and Laura discuss the Pathways to Professionalism, which addresses issues of courtesy or etiquette. They answer some legal hotline questions, such as “If I follow the Pathways to Professionalism, will I ever be in violation of the Code of Ethics?” Finally, Cate and Laura discuss how adhering to the Pathways to Professionalism may limit your risk of an ethics violation.
Nov 13, 2017
Caveat REALTOR®: Death of a Salesperson
00:16:02
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses business continuity issues. Cate and Laura discuss the policies brokers should have in place in the event a broker or salesperson dies, and additional actions that real estate licensees can also take. They answer some legal hotline questions, such as “When an agent dies and there is a pending contract for a sale of a house, does it affect the contract?” Finally, Cate and Laura review some ways to limit your risk and ensure the survival of your business.
Nov 06, 2017
Caveat REALTOR®: Stigmatized Properties
00:11:39
In this special Halloween episode, the Virginia REALTORS®’ legal team discusses stigmatized properties. Cate and Erin discuss disclosure requirements for real estate agents and home owners. They then discuss three real legal hotline questions pertaining to stigmatized properties, including Erin’s own ghost story.
Oct 30, 2017
Caveat REALTOR®: REALTOR® Safety
00:19:11
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses an important topic – REALTOR® Safety. Cate and Erin discuss policies brokers can implement to help improve the safety of their agents, and how agents can also take charge of their own safety. They answer some legal hotline questions, such as “As a broker, what is my liability for an agent’s safety?” Finally, Cate and Erin review some ways to limit your risk and increase the safety for all REALTORS®.
Oct 23, 2017
Caveat REALTOR®: Website Accessibility
00:15:26
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team gives an update on website accessibility. Cate and Erin discuss some recent lawsuits pertaining to website accessibility and review the standards set forth in the Web Consent Accessibility Guidelines 2.0. They answer some legal hotline questions, such as “You said there are no current guidelines by the DOJ. If I receive one of those demand letters, can I safely ignore it if there are not regulations in place?” Finally, Cate and Erin review some ways to engage in ensuring your website is accessible to persons with disabilities.
Oct 16, 2017
Caveat REALTOR®: Cybersecurity
00:14:42
On this episode of Caveat REALTOR®, Virginia REALTORS®’s legal team discusses cybersecurity. Because real estate transactions involve an exchange of financial and personal information, real estate companies can be targets for cybercrime. Cate and Erin review applicable laws and discuss some good cybersecurity practices to help you safeguard information and communicate risks to your clients. They answer some legal hotline questions, such as “If I receive a spam offer for a property that I am listing, must I present it to the seller?” Finally, Cate and Erin review some ways to help limit your risk and engage in cybersecurity best practices.
Oct 09, 2017
Caveat REALTOR®: Antitrust & Real Estate
00:16:49
This week, the Virginia REALTORS®’s legal team examines antitrust issues in the real estate industry. Cate and Laura review applicable antitrust laws and their penalties. They also discuss the reasons why the real estate industry is particularly susceptible to to antitrust violations. They answer some legal hotline questions, such as “I’m worried that I am not charging my clients enough of a percentage. How can I figure out the right amount to charge them without discussing it with agents from other firms?” Finally, Cate and Laura discuss some ways to help limit your risk when faced with situations that may invite antitrust violations.
Oct 03, 2017
Caveat REALTOR®: Property Management and Foreclosures
00:11:35
This week, the Virginia REALTORS®’s legal team examines foreclosures from a property management perspective. Hopefully it will not be a situation in which you find yourself, but in this episode Erin and Laura provide you with a practical guide to managing properties in a foreclosure situation. They review important office policies and answer a few legal hotline questions, such as “My tenant provided me with notice that the house he is renting is being foreclosed upon. Do I need to evict the tenant?” Finally, Erin and Laura discuss some ways to help limit your risk when faced with managing a property that is under foreclosure.
Sep 25, 2017
Caveat REALTOR®: Property Management & Natural Disasters
00:10:59
This week, the Virginia REALTORS®’s legal team continues their discussion of natural disasters from the perspective of property management. Although you cannot predict when a natural disaster will strike, you can take certain actions to make sure that you and your family are prepared to react. In this episode, Erin and Cate discuss what to do as a property manager when the properties that you manage are struck by a natural disaster. They review important office policies and some legal hotline questions, such as “Am I responsible for replacing a tenant’s personal property following a natural disaster?” Finally, Erin and Cate discuss some ways to make sure that you are prepared and know how to react when a natural disaster strikes.
Sep 18, 2017
Caveat REALTOR®: Home Sales & Natural Disasters
00:11:54
September is emergency preparedness month, and this week the Virginia REALTORS®’s legal team discusses home sales and natural disasters. Although you cannot predict when a natural disaster will strike, you can take certain actions to make sure that you and your family are prepared to react. In this episode, Laura and Cate discuss what to do when your client has a home under contract for sale and a natural disaster strikes before closing. They review some legal hotline questions, such as “While working as the buying agent, my client did not want to go through the purchase of a house after a hurricane, how can they terminate the contract?” Finally, Laura and Cate discuss some ways to make sure that you are prepared and know how to react when a natural disaster strikes.
Sep 11, 2017
Caveat REALTOR®:Unlicensed Assistants
00:09:51
This week, the Virginia REALTORS®’s legal team discusses unlicensed assistants. What can they do for you? What are they not allowed to do? They review some legal hotline questions, such as “Can an unlicensed assistant host and open house?” Finally, Laura and Erin discuss some ways to make sure that your unlicensed assistant can continue to help you in your professional life while staying within the Virginian rules and regulations pertaining to real estate licensees.
Sep 05, 2017
Caveat REALTOR®: Independent Contractors vs Employees
00:11:18
What is an independent contractor? How is one different from an employee? This week, the Virginia REALTORS®’s legal team discusses independent contractors. Laura and Cate review some legal hotline questions, such as “I want to pay my licensees a base salary. Can I still classify them as independent contractors?” Finally, they discuss some ways to make sure that you properly classify independent contractors and do not unintentionally assume additional liability.
Aug 28, 2017
Caveat REALTOR®:Escrow in Property Management
00:10:22
Join us for the conclusion of our three-part series on escrow. This week, the Virginia REALTORS®’s legal team considers escrow from the perspective of property management. They discuss some common legal hotline questions, such as “My tenant did not provide a forwarding address and has not claimed his security deposit. Can I move the funds out of my escrow account into my operating account?” Finally, they conclude by addressing some simple ways to limit your risk when dealing with escrow in the property management world.
Aug 21, 2017
Caveat REALTOR®:Disbursing Funds
00:12:29
Our three-part series on escrow continues with part two, where the Virginia REALTORS® legal team discusses how to disburse funds from escrow accounts. Cate and Erin review different methods of disbursing funds, including the ever-elusive interpleader. Finally, they discuss some common legal hotline questions, such as “How long is a broker allowed to hold an EMD if neither party agrees to its disbursement?”
Aug 14, 2017
Caveat REALTOR®: Earnest Money Deposits
00:13:57
Join us on part one of our three-part series on escrow. This week, the Virginia REALTORS®’s legal team looks into earnest money deposits. They review the rules and regulations surrounding escrow accounts and how to handle earnest money deposits. Finally, they discuss some common legal hotline questions, such as “Can you delay depositing the Earnest Money Deposit for a short sale until the lender approves the deal?”
Aug 07, 2017
Caveat REALTOR®:Property Owners' Associations
00:19:58
Deep dive into the world of Property Owners’ Associations with the Virginia REALTORS®’s legal team. In this episode of Caveat REALTOR®, the Virginia REALTOR®’s legal team demystifies Property Owners’ Associations. They discuss how to navigate Property Owners’ Associations, and how you can make sure your client is informed when going through the home buying or selling process. Finally, they also address new legal updates that went into effect on July 1, 2017 before answering some common legal hotline questions.
Jul 31, 2017
Caveat REALTOR® Social Media Pitfalls for Real Estate Licensees
00:23:08
Instagram, Facebook, and Twitter, oh my! In this episode of Caveat REALTOR®, the Virginia REALTOR® legal team discusses social media for real estate licensees. They address four areas of major concern: advertising, antitrust, intellectual property, and confidentiality, and then answer some common legal hotline questions, such as “I want to post on Facebook that I just sold a house for over asking price. Can I share this? Is this an advertisement?” Finally, we wrap up the episode with a review of some easy ways to limit your risk when positing on your favorite social media site.
Jul 24, 2017
Caveat REALTOR®:Assistance Animals Update
00:20:42
In this updated episode, the Virginia REALTORS® legal team discusses Virginia laws related to assistance animals. They highlight the difference between service animals under the American with Disabilities Act and assistance animals, discuss updates to Virginia law that took effect on July 1, 2017, and then answer some common legal hotline questions, such as “Can a renter have multiple assistance animals?” Finally, the Virginia REALTORS® legal team also provide some tips for limiting your risk when dealing with tenants requesting assistance animals.
Jul 24, 2017
Caveat REALTOR®: Residential Property Disclosure Act
00:14:25
The Virginia REALTORS® legal team provides updates on the Residential Property Disclosure Act and the required disclosure forms.
Jul 10, 2017
Caveat REALTOR®. Home Inspectors
00:16:42
The Virginia REALTORS® legal team offers essential information on changes to Virginia home inspector regulations. Effective July 1, 2017, Virginia home inspectors must be licensed.
Jun 21, 2017
Caveat REALTOR®: Home Surveillance
00:18:12
The Virginia REALTORS® legal team reviews home surveillance and offers REALTORS® updates on what to know to stay on the right side of risk compliance.
Jun 15, 2017