Friday Video Update
Every week, we produce a short video highlighting industry news, legal updates, or career resources. Many of our videos feature Washington REALTOR® Legal Hotline Lawyer Annie Fitzsimmons with important legal updates and information to help keep you out of hot water. These emails are automatically sent to members so if you're not receiving them, first check your spam folder, then email cara.mcneil@warealtor.org.
Mistaken Identity: Forms, Part 5 - Form 38A is not the same as Form 39
Our Legal Hotline Series, Mistaken Identity: Forms is back with episode 5. In this video Annie Fitzsimmons (Washington REALTORS® Legal Hotline Lawyer) talks about why the Form 38A (the backup addendum) is NOT the same thing as a Form 39 (the second buyer’s addendum). This mistaken identity runs into issues when the seller has sold their home to a ‘Form 22B buyer’ — a home sale contingent buyer — and the seller is still looking for another buyer (a ‘bumping buyer’) in case this initial buyer isn’t able to satisfy or waive their home sale contingency. Watch now for Annie’s explanation of which form is right for the job. Be sure to subscribe and share!
Mistaken Identity: Forms, Part 4 - Information Verification Provision & Form 35
In part 4 of our Mistaken Identity: Forms Series, Annie Fitzsimmons (WR’s Legal Hotline Lawyer) discusses not a mistaken identity per se, but rather, a mistaken use of a provision called the ‘Information Verification Period’ (section W.) within Form 21 (Purchase and Sale Agreement)…
this provision allows a Buyer to terminate the Purchase and Sale Agreement within 10 days if Buyer discovers a material inaccuracy in any of the Seller’s representations made by Seller… some Buyer Brokers mistakenly believe this allows them access to the Seller’s home to test those representations via inspection, but it, in fact, does not in any way allow for that — with or without a home inspector, but without an Inspection Contingency (Form 34) Buyer won't have any basis to terminate -- watch as Annie explains -- be sure to subscribe and share!
Mistaken Identity: Forms, Part 3 - Form 36 and Form 34
Listing Broker wants to
write a counteroffer to
the buyer’s offer... what form do you use to get the job done? In the 3rd episode of Mistaken Identity: Forms, Annie Fitzsimmons (WR's Legal Hotline Lawyer) discusses whether a Form 36 (Counteroffer Addendum) or a Form 34 (Addendum to the Purchase and Sale Agreement) is the right form to use and what the outcome could be for using the wrong form. Watch now and be sure to subscribe and share.
Mistaken Identity: Forms, Part 2 – Form 35R and Form 51
In part 2 of Mistaken Identity: Forms, Annie Fitzsimmons, WR’s Legal Hotline Lawyer, talks about which form to use when the Buyer has finished their inspection and has decided to terminate the Purchase and Sale Agreement with the Seller. Form 35R is the Inspection Contingency Response form and Form 51 is a Rescission Agreement — do you know which one is the right one? Watch now to hear Annie’s answer.
Mistaken Identity: Forms, Part 1 — Form 35R and Form 34
Are you using the right form? Does it really matter if I use this form or another to get it done?
It can become a serious matter for Buyer Brokers and Listing Brokers alike if the wrong form is used, especially when you are held to the standard of care of a lawyer in your transaction dealings. Annie Fitzsimmons, WR’s Legal Hotline Lawyer, begins a new Hotline series called "Mistaken Identity: Forms" The first video addresses the difference between Form 35R and Form 34, and why they cannot be used interchangeably. Subscribe and share!
Legal Hotline: Scam Alert
There's a new kind of scam to be wary of and Annie Fitzsimmons, WR's Legal Hotline Lawyer, breaks it down for us. This latest scam involves online ads advertising homes for rent that are actually in the process of being sold... getting as far as a lease agreements with tenants, now occupants. Listen in as Annie explains this latest grift and what you can do to help prevent it.
Professionalism, Part 6: Buyer Broker Commissions
In the final video from the Professionalism series, Annie Fitzsimmons (WR's Legal Hotline Lawyer) and series guest, Camden Schutte talk about Buyer Broker Commissions in this quickly changing market. Watch, share, and subscribe!
Professionalism part 5, Multiple Offers From the Same Buyer
In this week's episode of Professionalism: Multiple Offers From The Same Buyer. Annie Fitzsimmons (WR's Legal Hotline Lawyer) and series guest, Camden Shutte discuss issues in the market related to buyers making offers on multiple properties at the same time, and the legal ramifications for the broker.
Professionalism, Part 4: VA Buyers — Financing & Loans
In this week's episode of Professionalism: For the Broker Who Wants a Career & Not a Job, Annie Fitzsimmons (WR's Legal Hotline Lawyer) and series guest, Camden Shutte discuss issues in the market surrounding VA Buyer offers and views of financing and loans for VA Buyers. Watch now & be sure to share and subscribe!
Professionalism, Part 3: Your Reputation Matters
Annie and Camden are back this week with another episode from the Legal Hotline Series, Professionalism: For the Broker Who Wants a Career & Not a Job. In this video, they discuss your reputation in the real estate industry and how that can affect your business, as well as, your relationships with fellow colleagues. Watch and share!
Professionalism: Part 2, Honesty and Good Faith
Annie Fitzsimmons, WR’s Legal Hotline Lawyer, is again joined by Camden Schutte, Designated Broker for Coldwell Banker 360 Team & 360 Property Management, to continue the series on professionalism… in today's episode they dive into Honesty & Good faith (especially in advertising and transactions). Tune in now!
Professionalism: Part 1, Areas of Expertise
This video marks the start of a new Legal Hotline Series called “Professionalism: For the Broker Who Wants a Career and Not a Job.” Annie Fitzsimmons, WR’s Legal Hotline Lawyer, is joined by Camden Schutte, Designated Broker for Coldwell Banker 360 Team & 360 Property Management, to discuss important aspects to establishing professionalism for your career path… in this first episode Annie and Camden talk about “Area of Expertise.” Watch now or listen to this episode as a podcast when it becomes available on SoundCloud.
AREAA Webinar - May 2022
Washington REALTORS® 2022 Diversity & Fair Housing Summit
With Guest Speaker Vincent Ha
Legal Hotline: Non-Refundable Buyer Funds Released To Seller Up Front?
In the current Sellers market, we are seeing Buyers writing huge, non-refundable checks to the Seller that are released to the Seller up front... in this episode of Legal Hotline, Annie Fitzsimmons (Washington REALTOR'S® Legal Hotline Lawyer) goes over the risks and implications of this home-buying strategy.
Legal Hotline: Can You Manage Short-Term Rentals Outside of Your Firm's License?
Managing a short-term rental, such as a VRBO or AirBnB, is not uncommon for Brokers, but is it possible for them to do this apart from their Firm's license? Watch along as Annie Fitzsimmons, WR's Legal Hotline Lawyer, explains how this would work and what pitfalls to expect.
Legal Hotline: Licensed Transaction Coordinators?
There is a lot of advertising of "licensed transaction coordinators" recently and some Brokers are putting themselves out there as such... but what does it mean to have a "licensed" transaction coordinator operating outside of your firm? Tune in as Annie Fitzsimmons, Washington REALTORS® Legal Hotline Lawyer, digs in to this subject!
Legal Hotline: Fraud Alert 2022
** ATTENTION – NEW REAL ESTATE FRAUD ALERT **
In todays important Fraud Alert, Annie shares with you the details of a new scam that has been popping up in regards to foreign-owned real estate... the scam breakdown is like this: a person contacts a listing broker (in the U.S.) asking if they will help them sell their U.S. real estate... this U.S. property is owned by a non-U.S. citizen that lives outside of the country... they purchased the property intending to use it, but then they, for whatever reason, they had to move to the U.K. ...they (falsely) identify themselves as the seller of the property, utilize an email address with the real owner's name, and provide a [new] phone number... they then successfully engage the listing broker into selling the property to complete the scam. Annie continues the discussion with the best way to handle a situation like this. Watch now!
Legal Hotline: Should We Direct All Communications to the Transaction Coordinator?
The Firm we have a cross-sale with wants us to direct all correspondence to their Transaction Coordinator, who is not a part of the contract... should we refuse? In this week's Friday Video, Annie Fitzsimmons is back with Legal Hotline to discuss what to do in this scenario.
Legal Hotline: Broker's Multiple Buyers Want the Same Property
A Broker has more than one Buyer and both are interested in purchasing the same property... can this Broker show that piece of real estate to more than one Buyer they represent? In today's Legal Hotline, Annie Fitzsimmons (WR's Legal Hotline Lawyer) explores this issue to help to clarify a Broker's role.
Legal Hotline: What Can The Landlord Do?
Annie is asked, "What can the Landlord do?" in regards to evictions, raising rent, and more and also discusses what you can do as the Broker... join us!