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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. 

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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.

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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. 

Don't forget to like us and share us!
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.

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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. 

Don't forget to like us and share us!
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.

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There continues to be massive numbers of people without power in the Upstate and even here in the Midlands of South Carolina. Today I discuss what agents need to know on how lenders and insurance companies may treat closings moving forward this week.  

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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. 

Don't forget to like us and share us!
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.

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I have had many conversations with Realtors who espouse their anger over how things are being run at NAR. In fact 62% of Realtors in a national poll have stated so.  Today I offer Ten "suggestions" for NAR that will help it suck less.  

In providing this list it is done with a belief that NAR is probably the only group standing between you and the morons in the government screwing you more.  And it is also done with a belief in the value of SCR and the local associations. 

Let me know what your thoughts are. Hopefully NAR will start to make the necessary changes to win back its members. 

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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. 

Don't forget to like us and share us!
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.

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One of the biggest complaints of real estate agents since the settlement is the requirement to get a touring or showing agreement signed prior to showing the buyer a house.  Luckily for you the Real Estate Commission may have solved that issue for you. I examine that ruling as well as the status of three other issues that have been a rallying cause for licensees.

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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. 

Don't forget to like us and share us!
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.

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We are only a few weeks into the new compensation rules and agents are already greatly screwing it up all over the place.  Today, I will walk you through how compensation is supposed to work in the ERTS, the Form 120 and the contract. 

You need to listen carefully and take notes so you don't make the same terrible mistake that a lot of agents are making which just might get you sued!  

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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. 

Don't forget to like us and share us!
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.

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As we enter the second full week of the implementation of the settlement, I began getting many calls for me to draft an Exclusive Right to Sell Agreement that is NOT broker to broker compensation.  Brokerages have already started to recognize that the traditional system of broker to broker compensation is not only on the endangered list but is also a liability nightmare. 

Therefore, I have now drafted an open-source ERTS document for the industry. The CMLS has already put this document on their website and emailed a copy of the document to everyone. 

CMLS Version: ERTS Contract CMLS VERSION.docx
Open Source Version: ERTS Contract Open Source VERSION.docx

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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. 

Don't forget to like us and share us!
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.

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I have been warning agents that the NAR Settlement was just the beginning of this.  More lawsuits and government intervention would soon follow. Today I discuss a $3.29 million settlement/fine involving real estate agents and title insurance.

I actually applaud this settlement as a positive step forward for the consumer.  If you are doing these schemes you need to stop now or face massive fines and possible class action lawsuits!

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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. 

Don't forget to like us and share us!
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.

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Now that we are a week or so into the new rules on real estate compensation, we need to discuss how your commission might be shown on the settlement statements. Direct compensation, concessions and broker to broker commission most likely will be handled differently and you need to know what to look for on the ALTA. I also will discuss what documentation you might need to provide the closing attorney and the lender.

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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. 

Don't forget to like us and share us!
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.