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Fessing Up
Recommendations On How Agents Should Handle Missed Agreement Deadlines by James L. Goldsmith, Esquire Of the common mistakes in residential sales, none occurs more frequently than the failure to abide by timelines, specifically those found in the inspection contingencies. If there is a time limit, someone will miss it. In the Standard Agreement, the burden of observing the timeline is imposed on the buyer. If the seller does not agree to satisfy all terms of...
Does An Employer Have To Pay Hourly Employees For Commuting To Work In A Company Vehicle?
By Kathryn Lease Simpson, Esq. A: Not necessarily. Two provisions of the Fair Labor Standards Act (FLSA), that otherwise appear simple, create confusion. The first, employers do not have to pay their hourly employees for an ordinary commute to and from work. This is true even if an employee reports to different locations. However, the travel between work sites, after the first location, is normally compensable. For employees who regularly report to different job sites,...
What’s the Biggest Mistake a Licensed Professional Can Make, When Faced with a State Board Investigation Notice?
By: James Goldsmith. Esq. Responding on your own to a licensing investigation or meeting with the board investigator, without legal representation, is one of the biggest mistakes a licensed professional can make when faced with an investigation notice from the state board. If you receive an investigation notice from the state’s professional licensing board, immediately contact an attorney who is knowledgeable in professional license defense and familiar with state licensing boards and the disciplinary process....
Selling Real Estate in an Era of Modern Surveilling
By: James L. Goldsmith, Esq. You either have firsthand experience or have heard stories of how modern surveillance techniques are entwined in the sale of real estate. Baby cameras, pet monitoring applications, security systems, and other surveillance equipment with varying degrees of technological and recording capabilities are now common features in homes. Some systems have no audio capabilities and are only available to view in real-time, while others may also record and store both audio...
A Tip from the West?
by James L. Goldsmith, Esq. Timely tender of deposit checks is a growing problem that did not exist when offers and deposit checks were hand delivered. Now, deposit checks follow an offer’s acceptance by a handful of days. Further, a typical agreement includes a checkmark in Paragraph 26(G) limiting the seller to retaining paid deposits as the sole remedy in the event of buyer default. Thus, if a buyer backs out of the agreement and...
A Question of Coverage
by James L. Goldsmith, Esq. Mistakes happen. Consider the case of listing agent Robert. Robert happened to be on vacation when he received an offer at list price. He reviewed the standard form on his cell phone and reported to the sellers that it looked great. The agreement was executed electronically as was the sellers’ estimate of closing costs. At settlement the sellers and listing agent were surprised that the net proceeds were $9,000 less...
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