Sitzer/Burnett was not the end of the legal threats to the real estate profession.  In 2025 real estate licensees will face other threats that could derail and upend the industry and the way you practice. Today I examine what former Dishin' Dirt guests, Darryl Davis and Carl Medford, think are the biggest issues legal issue and threats that real estate agents are facing.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

We continue to walk through the ever-changing landscape of the so called "Touring Agreement" with updates on Ketchmark's and the DOJ's comments to the court and what they could mean for the future of executing the agreement before showing a house. Plus, additional updates on FINCIN and Wholesaling.
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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.     

So you thought all your worries and risk for anti-trust issues were resolved by the Settlement. Well, think again.  The DOJ is now saying the Touring Agreement is anti-trust yet Ketchmark says if you don't do one, he will come for you.  What do you do now?  And that is not all, five new terms about the settlement just got released.  All your workarounds are now against the settlement!

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

I was out of town and missed this month's Real Estate Commission hearing but a lot of big things happened. The REC released a Guidance Letter on what is considered wholesaling according to the plain language of the statute and how that statute would be applied to advertising that is currently happening in the marketplace. 

Additionally, I have some updated information on the "Touring Agreement" that was issued and pulled back.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

**** EPISODE 200!!!!!!**** Thank you! Thank you!

FinCen is some really scary stuff.  The federal government under the guise of "stopping money laundering" is requiring every business entity to provide information on all parties involved in the ownership, formation and control of the company.  This act is arguably unconstitutional. But if you have a company or if any of your client's do then you must report the information before the end of the year. Blair Cato's, Marshall Minton steals my Mic today to tell you all about it.

BOIR Steps - Revised.pdf


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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.    

We are seeing such a mess with broker compensation. Contracts and Form 120s are all over the board. Seller, buyer, agents, lenders and closing attorney can't decipher what the intent is on some of these.  It is an unmitigated disaster.

Today, we talk about how easy this should all be and how to handle broker commissions moving forward.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area. 

Kyle Toomey recognized that in order to catch someone's attention on social media you had to be quick and entertaining. Thus, he perfected the running real estate agent phenomenon.  In doing so he garnered millions of views and thousands of likes and created a social media following that directly and indirectly exploded his business.  Listen to his tips on creating that following and buzz.

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area. 

Clear cooperation is the next area of your practice under attack by lawyers and the DOJ.  Today I discuss what clear cooperation is, who supports it, who doesn't and the potential risk to ending the practice.  

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area. 

Last week, the South Carolina Real Estate Commission issued a guidance letter that addresses substantive contact, the South Carolina Disclosure of Brokerage Relationship and the NAR Settlement.  Does these revised documents now fulfil the NAR Settlement requirement for a Touring Agreement. Listen to learn more!

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area. 

Last week, Blair Cato stopped two potential real estate frauds that could have cost the buyer hundreds of thousands of dollars.  Erica Lybrand, our title attorney, joins me today to discuss these two frauds, what Blair Cato did right, what the real estate agent did right and what lessons can be learned.  

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Gary

* Gary serves on the South Carolina Real Estate Commission as a Commissioner. The opinions expressed herein are his opinions and are not necessarily the opinions of the SC Real Estate Commission. This podcast is not to be considered legal advice. Please consult an attorney in your area.