Frequently Asked Legal Questions

Real Estate Licensees Representing Distressed Sellers

If you are representing a property owner in distress, you will likely be confronted with unusual circumstances and a real temptation to provide advice or services in areas outside the scope of your real estate license. It is extremely important to confine your activities to those expressly permitted by your real estate license. For example, you may believe that in the process of representing the seller, you are "negotiating" a short sale.

Section 8 and Fair Housing

Is it a violation to refuse to rent to tenants who have Section 8 vouchers or other government vouchers?

Too Many Tenants or Fair Housing Violation?

I represent the owner of a property that is being offered for rent. Is it familial status discrimination under the Fair Housing Act if my client refuses to rent to a family that he feels has too many children for the size of the house? It is a 4 bedroom house and there are 2 adults and 5 children

May a Tenant Pay Rent in Advance?

If a tenant and landlord agree that the tenant is to pay rent in advance, is that a violation of the law limiting the amount of security deposit to two months' rent?

Brokers may Negotiate Commission

The buyer submitted an offer to purchase a property. The seller's counter-offer included a slightly lower price and a reduction to the amount of requested closing cost assistance. The seller also sought a reduction in the commission to be paid to the buyer's broker. Does the seller have the authority to reduce the commission as offered in the multiple listing service by the listing broker?

Change the Offer of Compensation

When can a listing broker change the offer of compensation in the MLS?

Commission Due when Licensee Changes Firms

An agent was affiliated with my company. She left the company before a transaction that she had been working on closed. I paid her compensation but it was not the compensation she would have received had she remained with the firm. Is there a law or regulation that obligates me to pay a full commission under these circumstances?

Commissions in Short Sales

I am a listing agent involved in a short sale transaction. The lender has requested that I reduce my commission. The selling broker will not agree to accept less than what was advertised in MRIS. I included a comment in the remarks section that the commission was subject to lender approval. What happens if the selling broker refuses to take a commission that is less than what the listing broker offered in MRIS?

Referral Fees and Payment to Broker

How should referral fees between agents be handled? Can one agent pay another agent or must the fee go through the broker?

Variable Rate Commission

What is the definition of a variable rate commission to be used when filling out the MRIS profile sheet for listing a property?

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