Q1 2016: Agency, PCD, RESPA, Employment

This edition of the quarterly report analyzes legal trends in risk management areas that effect real estate professionals: Agency, Property Condition Disclosure, RESPA, and Employment.

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In This Issue

A. Cases

1. Humphries v. Becker, No. 41897, 2016 WL 275310 (Idaho Jan. 22, 2016)

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Seller’s son and daughter-in-law did not serve as seller’s representative in the sale transaction and were not liable for any misrepresentations in the

A. Cases

1. Cunningham v. M & T Bank Corp., No. 15-1412, 2016 WL 683372 (3d Cir. Feb. 26, 2016)

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Claim based on alleged kickback scheme involving reinsurance fees paid on private mortgage insurance was barred by the statute of limitations.

A. Cases

Three decisions regarding employee or independent contractor status and vicarious liability, all arising out of the same case, were decided this past quarter. As discussed below, the court considered whether the lender, brokerage firm, and a contractor hired to perform trash-out services could be held liable for conversion of a borrower’s personal property. In...

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State Law Based Changes

NAR's State Law Based Changes is a compilation of new types of laws collected over the past few years. This resource is helpful to guide states that may want to adopt similar laws in their state.

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Read a summary of this quarter's additions to the State Law Based Changes.