Ethics Complaint Rests on ‘As Soon As Practical’

During negotiations, a listing broker created a dual (variable rate) commission arrangement on the fly and reached an agreement. But they didn’t have time to disclose that change to a potential cooperating broker. Does the Code require disclosure every single time, no matter what?

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No Buyer Deposit = No Contract, Right?

What if a buyer and seller sign a contract but the buyer fails to submit the agreed-upon deposit?  Some Realtors think the seller is then free to relist the property – but if they call the Legal Hotline to confirm it, they find the issue isn’t quite that simple.

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Help First-Time Home Buyers

NAR: First-time buyers comprised 34% of all home buyers in 2021 and the share is rising. Real estate pros can help them understand the market and manage expectations.

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Gen Z Living with Parents Longer

Study: Nearly 1/3 of Americans between 18 and 25 now live at home with parents or relatives – maybe because of the pandemic, maybe due to an ongoing cultural shift.

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7 Florida Realtors Forms Updated, 1 Added

The association made small changes to the Buyer’s Disclosure Statement, Independent Contractor Agreement, Referral Agreement, Contract to Lease, Contract for Residential Sale and Purchase (CRSP), Vacant Land Contract (VAC) and residential listing agreements. It added an Appraisal Gap Addendum.

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Don’t Even Think About Using an Online Photo

Found a sunrise photo from your community that is so beautiful it makes “life in paradise” appear almost magical? It’s ideal for marketing? If so, don’t use it. Get up early and take your own sunrise photo. Copyright issues often create expensive headaches.

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Careful What You Say About Competitors

An agent who never wants to work with a specific listing broker again gave a seller their honest assessment – and the broker filed an ethics complaint. How is it a violation to give a seller honest advice?

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Some Rental Solutions Unworkable

Studies find rent control is a short-term solution that creates long-term problems. Florida Realtors has filed a lawsuit against Orange County to block a proposal.

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July Housing Starts Fall 9.6%

Single-family starts decreased 10.1% to the lowest reading since June 2020. Multifamily also fell (8.6%) but ongoing construction is up 24.8% year-to-year for 5-plus units.

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Fake Landlord Scams Orlando Renter

Renters are still being scammed by a fake “landlord” that doesn’t actually own property – but problems can get even worse if real landlords don’t find out right away.

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What to Know About Local SEO

Search engine optimization (SEO) puts your info at the top of a customer’s Google search, a difficult goal. But a local SEO plan may provide better results.

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Mortgage Rates Drop Below 5%

At 4.99% it’s not far below, but it’s the first time in four months the 30-year, fixed-rate mortgage averaged below the psychologically significant 5% mark.

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Antitrust Law Applies to Associations, Realtors

A very non-legal definition: U.S. antitrust laws ban competitors from forming an alliance and “ganging up” on other businesses. A town’s two dominant brokerages, for example, can’t try to run a new entrant out of town.

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What Happens to Pending Sales if Agents Leave?

Lots of confusion over this one: What happens to an associate’s pending transactions if they depart one brokerage to work for another – do they stay with the original broker or transfer? Fla. law doesn’t offer rules, so it’s important to have a plan.

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Worst Part of a Cyberattack? Getting Sued

What if a savvy hacker accesses your customer’s data? It’s not just a technology question. Affected customers may file a lawsuit and demand to know what steps you took to prevent cyberattacks.

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New Home Sales Sink 8.1% in June

Builders say it’s the lowest level since the start of the pandemic (April 2020), with buyers priced out due to high interest rates and ongoing building and development costs.

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Phone Scams Down, Text Scams Up

Federal efforts have decreased the number of phone scams, but criminals focus now on text scams. The 1B spam texts sent in July 2021 increased to 12B this June.

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Real Estate Leads: Optimizing Ads

The “What’s your home worth?” ads carry less weight, in part because they’re overused, but also because today’s consumers balk at giving out their home address.

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Proposed Citizens Rate Hikes Trimmed

Fla.’s “insurer of last resort” sought a 10.7% rate increase for homeowners with “multi-peril” policies, its most common; but the state approved an average 6.4% rise.

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Protect Your Website From Copyright Claims

Realtors who “always do the right thing” may still find themselves legally accused of a copyright violation – often a photo on their website, and sometimes one that was automatically uploaded by their IDX feed.

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The Problem with Promises and Handshakes?

A buyer and seller can always agree to change contract terms to get a transaction to closing. However, a handshake agreement generally won’t change the existing contract until it’s in writing and signed.

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Code Doesn’t Say What You Think It Says

Dear Shannon: A Realtor won’t work with potential buyers working with another Realtor – “Never have. Never will. It’s unethical.” But is this one of the high standards that the Code of Ethics requires?

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Using LinkedIn for Marketing

In addition to a business LinkedIn page, agents should have a personal LinkedIn page that, in addition to a photo, outlines their skills and experience.

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Beware of Summer Rental Scams

Criminals don’t just post fake home sales or apartment rentals online. They also advertise fake summer rentals. Take safety precautions before making a deposit.

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Don’t Add Language to the Code of Ethics

Dear Shannon: What do I do when a buyer says they are working with another Realtor? A cohort says the Code of Ethics requires us to ask if they have signed a written exclusive agreement. And another person said we have to get a copy of it. Is that what the code says?

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Rainy Days Best for Home Showings?

A house can feel more like a home when it’s raining outside, but it’s also the best time to check for roof leaks, note outside drainage issues and detect any odor from mold.

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Fla. Lawmakers Pass Insurance, Condo Reforms

In a special session this week, the Florida Legislature passed a roster of bills to ease problems in the state’s insurance market, including SB 2D, which Florida Realtors heavily supported. Lawmakers also took steps to improve the safety of condo buildings.

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A Secret Stash of Leads?

Listings that expired more than a year ago may offer opportunities. Owners who didn’t sell for some reason may not realize how much equity they’ve gained since then.

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Builder Optimism Plummets in May

At 69, NAHB’s confidence index remained in positive territory, but it dropped 8 points due to rising interest rates, a lack of workers and supply-side issues.

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Demand Doubles for ARMs

Lower intro rates from adjustable-rate mortgages may entice more buyers now. The increase coincides with a 1.5 percentage point rise in the 30-year fixed rate.

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Flippers Now Flopping?

Home flippers in Fla. are feeling the impact of a shortage of for-sale homes, rising median prices, supply chain issues and too few subcontractors available.

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Home Prices Continue to Rise

20-city price index: A 20.2% year-over-year gain in Feb; up from 18.9% in Jan. Tampa and Miami were in top 3 cities for highest rate of home-price growth.

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Tenant-Occupied Property: The Closing Process

Part three of a three-part series: Issues surrounding sales of property with tenancies. Part one covered taking a listing, part two the contract language. Issues can also rise regarding closing, however, including some specific concerns.

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Condo Insurers Flee Florida

Insurers that remain are raising prices after the tragic Surfside collapse. Condo associations able to get policy renewals may face 30% to 50% premium increases.

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Must I Push and Probe for Representation Info?

Dear Shannon: A listing Realtor told a buyer at their open house about another one of their listings that sounded ideal for them – and the Realtor honestly informed the buyer that waiting to tell their current Realtor might lose them the home. Why is that wrong?

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Early Retirees Rejoin Workforce

In March, 3.1% of workers who were retired a year earlier are now working, a figure matching the pre-COVID level. Could it help ease the current labor shortage?

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Equity Motivates More Sellers

HomeLight survey: A rapid rise in equity is encouraging sellers to list their homes and they expect to make a profit; 87% say they expect more than 1 offer.

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My Buyer’s Full-Price Offer Was Rejected?

As this seller’s market continues to run wild throughout Fla., many people are asking what laws or contract terms come into play if a seller rejects a buyer’s offer even though it included all the terms the seller requested.

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House-hunting Blues

Many buyers in Fla. and across the U.S. are feeling the impact of a lack of inventory, competition from investors and rising prices during their home search.

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New-Home Sales Drop 2% in Feb.

NAHB says price increases and rising mortgage rates pushed some new-home buyers out of the market. The median sales price hit $400,600, up 10.6% year-to-year.

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Tale of Two Buyers: First-Time Vs. Repeat

Florida Realtors economist: The new “Profile of Home Buyers and Sellers: Florida Report” finds that all buyers face challenges – but the bar is extremely high for the state’s first-timers.

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How Well Do You Know Florida?

As of April 1, 2020, the state had 21,538,187 residents, says the U.S. Census – a 14.6% jump since the previous census. And Fla. turned 177 years old on March 3.

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Dual or Variable Rate Commission?

Most if not all Florida MLSs provide participants a way to disclose whether their listing agreement for sale or rent contains a dual or variable rate commission arrangement. However, many members don’t fully understand the “dual or variable rate” definition.

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Occupied Property: Selling Homes with a Tenant

Part 1 of 3: An owner wants to sell an investment home occupied by tenants. While this impacts a number of transaction details, the first step is a full discussion with the owner: Is there a lease? What does it say? Are the tenants onboard with the plan?

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