Inman

SEPTEMBER 30, 2024

University of Buffalo contracts law professor Tanya Monestier's sample form makes clear the buyer is on the hook for buyer broker compensation so long as they successfully close a deal.

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Contracts Law Buyers Realtors 182

Housing Wire

MAY 6, 2024

and the Fair Housing Center of the Greater Palm Beaches , have filed a lawsuit that contends Florida Housing Law Senate Bill 264 violates the federal Fair Housing Act. We alleged that the law denies access to housing to people from China and these other countries. The suit was filed on Monday in U.S. District Court in Miami.

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Law Real Estate Real Property Contracts 321

Housing Wire

JULY 27, 2022

Two House Appropriations bills recently advanced by House negotiators have included language surrounding Business Email Compromise (BEC) in an effort to promote collaboration between federal and law enforcement agencies and private sector partners in monitoring and reporting for cyber-based crime events.

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Contracts Marketing Law Agents 271

Housing Wire

MARCH 22, 2024

1, 2024 , Washington state’s agency law requires agents to have a written agreement with buyers (as well as sellers) to spell out the exact scope of the services provided by the agent, as well as the compensation the client has agreed to pay them in return. As of Jan. It is kind of like dating,” Sax said. “So,

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Buyers Contracts Real Estate Agents 485

Inman

AUGUST 27, 2024

In a new report, University of Buffalo contracts law professor Tanya Monestier details ways in which contracts allow buyer agents to collect more compensation than agreed-to with the buyer.

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Law Contracts Buyers Agents 193

Housing Wire

FEBRUARY 5, 2024

In a court document filed on Friday, HomeServices of America told the Supreme Court that each HomeServices of America client contract states that the “signatories can arbitrate any claim or dispute arising out of the contract.” There is no dispute that the plaintiffs agreed to contracts that include mandatory arbitration provisions.

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Contracts Brokerage Law Real Estate Agent 400

Housing Wire

APRIL 17, 2024

In a writ of certiorari filed in early February, HomeServices told the Supreme Court that each of its client contracts state that the “signatories can arbitrate any claim or dispute arising out of the contract.” There is no dispute that the plaintiffs agreed to contracts that include mandatory arbitration provisions.

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Contracts Brokerage Law Real Estate Agent 392

Miller Samuel

APRIL 29, 2020

Throughout my career, I have seen brokerage firms publish pending/contract reports, touting pending trends as more reliable than reports based on closings. The simplistic, uninformed argument for pending sales is that contract dates occur before closing dates, so they are more current. I plan to develop one someday.

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Contracts Real Estate Agent Inspection Law 195

Housing Wire

JUNE 4, 2024

Supreme Court rejected a challenge to its funding mechanism in mid-May, the Consumer Financial Protection Bureau (CFPB) is now targeting the use of what it deemed ”unlawful or unenforceable” terms and conditions in contracts. On Tuesday, the U.S.

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Legal Contracts Law Lending 361

Housing Wire

OCTOBER 21, 2024

District Court in Pennsylvania claiming that NAR, the Pennsylvania Association of Realtors (PAR) and the Greater Lehigh Valley MLS (GLVMLS) have violated federal civil rights statutes, engaged in unlawful discriminatory practices, breached their contracts, created a monopolistic system and broken federal antitrust laws.

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Realtors Legal Real Estate Law 439

Housing Wire

FEBRUARY 28, 2024

As brokerages across the country have begun implementing buyer agency contracts into their business practices in the wake of the Sitzer/Burnett commission lawsuit verdict, the Consumer Federation of America is warning consumers that they may be filled with “unfair provisions” that primarily protect agents and brokers.

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Buyers Contracts Agents Realtors 377

Housing Wire

JANUARY 6, 2025

BHE claims that this order contains significant and manifest errors of both fact and law, and that the court failed to provide a ruling on BHEs reasoning for dismissal, such as the absence of any plaintiff who is able to allege a single fact with regard to conduct by BHE. BHE is also asking for an order from the court compelling arbitration.

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Contracts Law Legal Real Estate 329

Housing Wire

JUNE 25, 2024

The analysis of the buyer representation and broker compensation agreement was done by Tanya Monestier, a law professor at the University of Buffalo. Her analysis also notes problematic provisions in CAR’s contract related to dispute resolution, dual agency, commissions owed and buyer cancellation.

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Realtors Buyers Contracts Realty 375

Housing Wire

AUGUST 26, 2024

The complaint also alleges that the defendants have “consistently failed and refused to properly train, screen, conduct background checks, supervise, reprimand, direct and instruct” their senior management in “a manner at or above the standard of care in accordance” with their policies and the laws of their respective home states.

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Real Estate Agent Real Estate Law Agents 498

Housing Wire

OCTOBER 10, 2022

Toll started the company after graduating from the University of Pennsylvania law school in the mid-1960s and time spent working at Philadelphia law firm Wolf Block. “You stop development, stop buying product, stop buying ground and just bring in money from houses you put out there and already contracted. .

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Law Contracts Development Real Estate 411

Housing Wire

FEBRUARY 21, 2024

That is bread and butter to us at federal law enforcement agencies, and certainly for SDNY, so we jumped right in and we’ve been working the case ever since. We are federal law enforcement, so we have the same capabilities to make arrests, conduct interviews and issue subpoenas.

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Law Contracts Design Tenants 382

Housing Wire

APRIL 30, 2024

NAR also noted in the FAQ that a written agreement between an agent and a buyer would be necessary prior to that agent taking the buyer on any home tours, unless state law requires that the agreement be signed earlier in the process.

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Buyers Open Houses Sellers Agents 480

Housing Wire

FEBRUARY 9, 2024

UWM terminated its contract with the broker and no longer accepts mortgage applications from Okavage customers. Okavage Group had requested the court to declare the ultimatum illegal under federal and Florida antitrust laws. for selling loans to rivals Rocket and Fairway despite agreeing to the contract.

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Contracts Retail Lending Mortgage 420

Housing Wire

DECEMBER 26, 2023

FNF notified law enforcement authorities and implemented certain measures to assess and contain the incident. However, the company became the target of a class action lawsuit alleging that they were negligent with customer data and that they breached their contract. The firm said the incident was contained after about one week.

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Law Contracts Insurance Clients 499

Inman

OCTOBER 4, 2024

Minnesota Attorney General Keith Ellison announced the suit last week, saying the Florida-based brokerage violated consumer protection laws by selling "contracts with oppressive terms."

Contracts 149

Contracts Realty Law Brokerage 149

Housing Wire

DECEMBER 18, 2024

Originally filed in October by Maurice Muhammad, a broker at Progressive Realty , the suit claims that NAR, along with other Realtor associations and executives, have violated federal civil rights statutes, engaged in unlawfuldiscriminatorypractices, breached their contracts, created a monopolistic system and broken federal antitrust laws.

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Realtors Contracts Law Realty 337

Housing Wire

OCTOBER 3, 2024

The ruling states that EasyKnock’s sale-leaseback agreement was a “valid and enforceable contract,” and the total amount awarded includes back rent owed, late fees and attorneys fees. “We According to legal documents , the couple later asserted that the sale-leaseback contract was a “disguised loan” under Texas law.

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Legal Law Property Taxes Contracts 352

Housing Wire

NOVEMBER 13, 2023

The firm informed law enforcement, regulatory authorities and other stakeholders. ” Mr. Cooper is accused of negligence, breach of implied contract and unjust enrichment, among other claims. On Thursday, Mr. Cooper announced it had partially resumed its operations.

Legal 543

Legal Law Contracts Technology 543

Housing Wire

JULY 27, 2022

Trident, which ceased doing business in 2021, will have to contract with a lender to open offices in minority areas and conduct outreach. It must also contract with a lender to administer $18.4 To resolve the DOJ and CFPB’s claims of redlining, Trident will pay $18.4 Trident will also pay a civil penalty of $4 million to the CFPB.

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Loan Officers Mortgage Law Contracts 417

Housing Wire

MARCH 27, 2024

Rule 23(b)(3) requires that the court “find that ‘questions of law or fact common to class members predominate over any questions affecting only individual members,’ and that a class action is the ‘superior’ method of adjudication of the controversy. HomeServices of America still has a writ of certiorari out with the U.S.

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Law Sellers Realtors Contracts 380

Housing Wire

DECEMBER 8, 2023

Prospective Arizona real estate agents must fulfill a 90-hour prelicensing program from an Arizona Department of Real Estate (ADRE)-approved school and pass a six-hour contract writing course , for a total of 96 class hours. Course includes contracts used in real estate transactions with samples and practical contract completion exercises.

Real Estate 351

Real Estate Contracts Law Real Estate Agent 351

Housing Wire

AUGUST 21, 2024

A CFPB order issued on Wednesday mentions violations of mortgage servicing laws and of a previous 2017 order that addresses the same issue. Fay Servicing “failed to implement the 2017 measures and continued to break the law,” the CFPB claims. The CFPB’s order will put the CEO’s pay at risk if Fay continues to break the law.”

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Law Contracts Insurance Mortgage 354

Housing Wire

JANUARY 3, 2024

“The Cherokee Nation, Housing Authority of the Cherokee Nation, and Cherokee Nation Businesses have worked together to identify those positions in fields such a law enforcement, healthcare, education, contracting, housing and the culinary arts.”

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Human Resources Construction Law Contracts 428

Housing Wire

OCTOBER 21, 2024

GNMA and TCB signed no contract explicitly acknowledging GNMA’s rights in the tails,” the judge wrote, later adding that “a contract providing for the power to extinguish did exist. The contract that satisfies the statute is the Guaranty Agreement between RMF and GNMA.

Contracts 368

Contracts Law Mortgage Legal 368

Housing Wire

DECEMBER 5, 2023

million in damages related to a breach of contract claim (plus interest and attorney’s fees), representing six years of avoided license fees. Black Knight filed a complaint against PennyMac in November 2019 for breaching contracts and misappropriating trade secrets. 28, an arbitrator awarded Black Knight $155.2 per share.

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Contracts Development Legal Law 403

Housing Wire

MARCH 19, 2024

“Plaintiff’s bald, conclusory allegation that the parties somehow ‘agreed’ to the 2022 unsigned amendment to the 2018 wholesale broker agreement as a complete and total replacement for the 2018 wholesale broker agreement in some unidentified manner is entirely implausible as a matter of law,” according to Atlantic Trust.

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Mortgage Law Brokerage Legal 340

Housing Wire

JUNE 18, 2024

NOVAD, which held the HUD HECM servicing contract for assigned loans from 2014 to 2022 , worked with Sutherland to form the HECM loan servicing operation on behalf of HUD. Celink was awarded the HECM servicing contract in 2022. NOVAD filed a protest in June of that year, but Celink assumed the contract in December.

Contracts 394

Contracts Property Taxes Government Law 394

Housing Wire

NOVEMBER 18, 2024

Additionally, the Times reported that Goldberg’s contract entitled him to things like memberships to exclusive country clubs, first-class airfare for personal travel, expensive car allowances, money for his dog to travel with him and even tickets to “Hamilton” at the height of the musical’s popularity. told the Times.

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Law Real Estate Agent Realtors Real Estate 334

Housing Wire

FEBRUARY 6, 2024

The defendants allegedly demanded between 10% and 20% of the contract value, with amounts ranging from $500 to $2,000 depending on the size of the contract. Attorney’s office and our law enforcement partners to prevent and detect these and other schemes.” Some defendants “demanded even higher amounts,” according to SDNY.

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Contracts Law Development Business 383

Housing Wire

MAY 3, 2024

Earlier this week, Zillow launched a new “touring agreement,” a nonexclusive contract for buyers and agents to use for home tours. The trade organization also advised members to discuss business practices and any agreements and forms they are going to use with their broker to ensure that they are in compliance with state law.

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Legal Realtors Law Real Estate 317

Housing Wire

JANUARY 21, 2022

In an unanimous decision, the Fourth Circuit stated that Carrington’s fees qualified as an amount that could only be charged if it was expressly “authorized by the agreement creating the debt or permitted by law.” Carrington became the servicer in 2017. Carrington started to retain Bishop’s loan payments in 2018.

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Law Contracts Mortgage Design 413

Housing Wire

OCTOBER 10, 2023

High-producing agents and teams are in high demand in a contracting market , and Waugh said he doesn’t take a one-size fits all approach to recruiting. ” Prior to his time in real estate, Waugh was a partner at Synergy Sports Management and also obtained a law degree.

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Real Estate Brokerage Agents Law 448