BPE Law

Real Estate Law

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  • Understanding Lease Option Contracts

    With a housing shortage and rising costs to purchase homes, parties are looking for alternative methods to buy and sale homes. One of the most common alternatives is the “lease-option”. Today, we take a look at some of the common mistakes of the lease-option transaction. As always, if you have any questions about your real […]

    Understanding a Real Estate Agent’s Fiduciary Duties – Broker’s Duty to Supervise

    Today, we wrap up our series on a real estate professionals fiduciary duties. Attorney, Laura Ferret, examines the broker’s duty supervise salepersons. The broker owes not only all of the duties previously discussed to their client but they also owe the independent duty to supervise the salespeople that work under their broker’s license. This is […]

    Understanding a Real Estate Agent’s Fiduciary Duties – Honesty and Reasonable Care

    Today, we continue our series on real estate professionals’ fiduciary duties. Attorney, Laura Ferret, examines the duty of honesty and reasonable care. Understanding reasonable care and what is expected goes a long way in assisting the real estate professional in navigating the complex fiduciary requirements placed on the agent or broker. As always, if you […]

    Understanding a Real Estate Agent’s Fiduciary Duties – Self Dealing

    Today, we continue our series on a real estate professionals fiduciary duties. Attorney, Laura Ferret, examines the duty of loyalty and through the prohibition of self-dealing. Most self-dealing involves some sort of secret profit that is taken. While it sounds nefarious, it is easy find oneself on the wrong side of the self-dealing equation. Something […]

    Home sale under $400,000? An Appraisal May Not be Required Soon!

    Today we take a look at recent Fed action involving appraisals and mortgage lending. The Fed is currently looking at changing the rules related to when a property transaction involving a property under $400,000 is required to have an appraisal completed. Is this a wise decision in today’s market place? Only time will tell. As […]

    Part 2 — When the Agent Can be Compelled to Mediate/Arbitrate

    Today, we conclude our look at when agents/brokers may be compelled to participate in mediation or arbitration. While generally, they must contractually agree to such, in some situations, the court has carved out exceptions to when a party may be required to participate in mediation/arbitration even though they contractually did not agree. It can happen! […]