Archive for the 'law' Category

FTC Says MLS Cannot Exclude Discount Broker Listings from Feed to Public Websites

In a unanimous decision, the FTC found that Michigan’s MLS Realcomp II Ltd.,  which accepts listings of all kinds (whether limited service or full service), adopted anti-competitive policies which:
(1) prohibited discount real estate broker listings from being distributed from Realcomp’s MLS to public websites like Realtor.com and IDX feed to broker websites,
(2) imposed minimum service [...]

NAR Code of Ethics Amendment Imposes Duty on Realtor For Statements of Third Parties in Social Media

In order to strengthen Standard of Practice 15-2 of the Realtor Code of Ethics in the age of social media, an amendment will require a Realtor who knows a statement is false or misleading, and who controls the electronic media,  to publish a clarification or remove the statement.
The amendment makes a giant leap from the [...]

Court Says Real Estate Mystery Admin Fees Are Illegal

When homebuyer Vicki V. Busby of Jefferson, Alabama was charged a $149 “ABC” fee – an administrative brokerage commission, she said, in effect, “WTF?”
Busby brought a class-action lawsuit against RealtySouth, one of the major brokerages of Minneapolis-based HomeServices of America Inc., the second largest realty firm in the country, claiming  the ABC Fee violated RESPA [...]

How to Remove A Notice of Lis Pendens

Jay Thompson (PhoenixRealEstateGuy) wrote an informative post, What is a Lis Pendens?
As he correctly points out, a Notive of Lis Pendens (meaning Notice of Pending Action) is a nasty little legal document filed against real property (like a mortgage or lien), which acts as constructive notice to the public that a claim exists affecting a [...]

You Be The Judge: Dual Agency vs. Buyer Agent

Here are the facts of this real life real estate legal case. You decide who wins.

Buyer Amy hired salesperson Sam to represent her in the purchase of a home. A second buyer, Ben, also hired Sam as his buyer’s agent to find a house. Both signed agency disclosure forms.
In the process of [...]

Deep Linking Infringes Copyright

A Federal District Court Judge in Texas has ruled a deep link (hyperlink) to an audio webcast is a violation of the webcast owner’s copyright. Supercrosslive.com deep links to streaming audio webcasts of motorcross events. The webcasts are owned by SFX Motor Sports who did not give permission to the linking. Legal [...]




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