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by ME&W | Nov 19, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By James L. Goldsmith, Esquire The most dangerous clause in the Standard Agreement for the Sale of Real Estate (ASR) is found in our current Paragraph 32(B), Additional Terms. Here’s where agents can let loose with the most creative use of the pen imaginable! A problem is, that when these works of art fail for any reason, they are likely to penalize the author (agent) and his or her client. Most of you are familiar with the legal maxim “ambiguities are... by ME&W | Sep 18, 2018 | General Law, Goldsmith, James L, Industry News
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.... by ME&W | Sep 10, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
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... by ME&W | Aug 28, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
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... by ME&W | Aug 8, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
The first question decided by the court was whether the seller was liable for failing to deliver a Property Disclosure Statement, where the agreement included an “as is” clause. The second question was what constitutes “actual damages” as the term is used in the Real Estate Seller Disclosure Law (RESDL) to define a buyer’s remedy for breach of the statute. The case involved the sale of a 165-year-old two-story, single-family home with barn, garage and... by ME&W | Jul 25, 2018 | Goldsmith, James L, Industry News, Real Estate & Land Use
By: James L. Goldsmith, Esq. My wife and I were recently sharing a farewell dinner with a couple moving from the mid-state. Their home was sold and packed. They were letting down their hair after a week that was particularly demanding, both physically and mentally. The wife of this couple, Betsy (not her real name) had called me a month earlier about their buyers’ demand to visit the house with a contractor to take measurements... « Older Entries