Not Licensed to Sell #2—Legal Case Study—December 2018

On July 16, 2016, in the United State District Court, Eastern District of Virginia, Alexandria Division, Mr. Maude was convicted of two felonies, Aggravated Identify Theft and Aiding and Assisting in Preparation of False Return. The felonies pertained to his conduct between 2011 and 2014 when he was engaged in tax preparation services. Mr. Maude modified his clients’ tax returns to include false information and artificially inflate their income tax refunds. He then took a portion of each income tax refund and used it for his own benefit. Mr. Maude pleaded guilty and signed a plea agreement where he was sentenced to fourteen months in prison on each charge to run concurrently. He was also ordered to serve one year of probation upon his release.

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License Renewal—Legal Podcast

This week, the Virginia REALTORS® legal team talks about the DPOR regulations governing license renewal. Laura and Cate talk about 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.

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Unrepresented Buyers—Legal Podcast

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.

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Independent Contractors—Legal Podcast

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?”.

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Unlicensed Assistants—Legal Podcast

The Virginia REALTORS®’s legal team discusses unlicensed assistants. What can they do for you? What are they not allowed to do? 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.

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Teams – Sales Meeting Kit

Find up-to-date information on the best practices for managing teams. Generally, a team consists of a licensee and at least one other person who work together regularly under one brokerage firm; hold themselves out to the public as being one entity; and refer to themselves by a common name.

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Home Inspectors—Legal Podcast

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.

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Unlicensed Assistants – Sales Meeting Kit

The Virginia Real Estate Board (VREB) governs what is licensed vs. unlicensed activity. Assistants who do not have a real estate license hanging with a supervising broker cannot perform “licensed activity.”

We discuss the dos and don’ts of unlicensed assistants including what can an unlicensed assistant do and how can an unlicensed assistant be paid.

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