Monshower, Miller & Magrogan, LLP https://www.monmilmag.com Attorneys at Law Mon, 27 Feb 2012 18:37:18 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 The Offering of Inducements and Payment of Referral Fees – What’s a Real Estate Licensee to Do? https://www.monmilmag.com/the-offering-of-inducements-and-payment-of-referral-fees-whats-a-real-estate-licensee-to-do/ Mon, 27 Feb 2012 18:37:18 +0000 http://www.monmilmag.com/?p=528 In the current economic climate, real estate licensees are taking extraordinary efforts to increase their business, including offering inducements to buyers and sellers and even advertising the payment of a referral fee for the referral of buyers and sellers.
    This article examines the legal issues involved with respect to both the payment of referral fees and the offering of inducements. This is not a simple matter and, as this article and analysis will demonstrate, the rules with respect to referral fees are substantially different than the issue of offering inducements.
The Offering of Inducements And Payment of Referral Fees – What’s a Real Estate Licensee to Do?

]]> What, I Didn’t Get the Listing! Let Me Call the Owner to Find out Why! REALTORS® … Beware! https://www.monmilmag.com/what-i-didnt-get-the-listing-let-me-call-the-owner-to-find-out-why-realtors-beware/ Mon, 27 Feb 2012 18:36:29 +0000 http://www.monmilmag.com/?p=526 A seller contacts you to make a listing presentation and makes it clear to you that the seller is interviewing other REALTORS®. Subsequently, you learn that the property has been listed with another broker and is now being marketed through the multiple listing service. Naturally, you are curious as to why the seller selected another REALTOR® other than yourself and, if nothing else, you would like some feedback from the seller as to why you were not selected and, perhaps, to fine tune your presentation to future sellers. As a consequence, you decide to contact the seller directly to inquire as to why the seller did not select yourself as the listing agent and as to why another REALTOR® was selected.
    Your curiosity as to why you were not selected as the listing agent or your desire to enhance your listing presentation skills do not justify continued contact with a potential seller-client after the seller has entered into an exclusive representation agreement with another broker.
What, I Didn’t Get the Listing! Let Me Call the Owner to Find out Why! REALTORS® … Beware!

]]> Engagement of Real Estate Licensees Affiliated With a Different Company https://www.monmilmag.com/real-estate-licensees-affiliated-with-a-different-company/ Mon, 27 Feb 2012 18:33:37 +0000 http://www.monmilmag.com/?p=523 Can a real estate brokerage company which operates under a franchise banner engage a real estate licensee from a different real estate company who operates under the same franchise banner?
    Although the two real estate companies may operate under the same franchise banner, they, in fact, are separate business entities which happen to share a common franchise license but, nevertheless, are independently owned and operated under different names and with different brokers.
Engagement of Real Estate Licensees Affiliated With a Different Company

]]> A Homicide, Suicide, Accidental Death, Natural Death or Felony Occurs on the Property – Must a Licensee Disclose Such Fact to a Buyer? https://www.monmilmag.com/death-occurs-on-the-property-must-a-licensee-disclose-such-fact-to-a-buyer/ Mon, 27 Feb 2012 18:32:12 +0000 http://www.monmilmag.com/?p=520 Have you ever wondered about a licensee’s obligation to disclose to a buyer a homicide that occurred on a property? How about a suicide? Or any death at all, accidental or natural? What about a felony that has been committed on the property? Do you, as the buyer’s or seller’s agent, have an obligation to disclose any or all of these situations to a buyer? Al Monshower has outlined for you what your obligation is and where each of these situations fall in the area of “material facts” in his article entitled “A Homicide, Suicide, Accidental Death, Natural Death or Felony Occurs on the Property – must a Licensee Disclose Such Fact to a Buyer?”

]]> Al Monshower’s Revised Class Schedule, 2012 https://www.monmilmag.com/al-monshowers-revised-class-schedule-2012/ Fri, 24 Feb 2012 16:10:44 +0000 http://www.monmilmag.com/?p=510 March 22, 2012
9:30 a.m. – 12:30 p.m. MD Code of Ethics
1:30 p.m. – 4:30 p.m. Property Conditions
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

March 23, 2012
9:30 a.m. – 12:30 p.m. Commercial Agency
1:30 a.m. – 4:30 p.m. Commercial Real Estate Hot Buttons
Southern Maryland Association of REALTORS
Association Office, 8440 Old Leonardtown Road, Suite 211, Hughesville, MD 20637

April 12, 2012
9:30 a.m. – 12:30 p.m. Agency Residential
1:30 p.m.- 4:30 p.m. Property Conditions
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

April 19, 2012
9:00 a.m. – 12:00 p.m. Commercial Agency
Society of Industrial REALTORS

April 20, 2012
9:00 a.m. – 12:00 p.m. Topic A (To Be Announced)
Cecil County Board of REALTORS
Rising Sun Fire Hall

May 17, 2012
9:30 a.m. – 12:30 p.m. Broker Supervision
1:30 p.m. – 4:30 p.m. Agency Residential
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

June 13, 2012
9:30 a.m. – 12:30 p.m. Property Conditions
1:30 p.m. – 4:30 p.m. Agency Residential
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

July 16, 2012
9:30 a.m. – 12:30 p.m. Agency Residential
1:30 p.m. – 4:30 p.m. Property Conditions
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

August 16, 2012
9:30 a.m. – 12:30 p.m. Broker Supervision
1:30 p.m. – 4:30 p.m. Agency Residential
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

September 10, 2012
1:30 p.m. – 4:30 p.m. Broker/Manager Supervision
Maryland Association of REALTORS Convention

September 20, 2012
9:30 a.m. – 12:30 p.m. MD Code of Ethics
1:30 p.m. – 4:30 p.m. Property Conditions
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

October 11, 2012
9:30 a.m. – 12:30 p.m. Property Conditions
1:30 p.m. – 4:30 p.m. Agency Residential
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

November 12, 2012
9:30 a.m. – 12:30 p.m. Agency Residential
1:30 p.m. – 4:30 p.m. Property Conditions
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

December 6, 2012
9:30 a.m. – 12:30 p.m. Property Conditions
1:30 p.m. – 4:30 p.m. Agency Residential,
GCAAR’s Conference Center, 8757 Georgia Avenue, 6th Fl., Silver Spring, MD 20910

]]> Richard L. Miller Admitted to U.S. Supreme Court https://www.monmilmag.com/richard-l-miller-admitted-to-supreme-court/ Fri, 09 Dec 2011 19:06:06 +0000 http://www.monmilmag.com/?p=380 Richard L. Miller has been admitted as a member of the Bar of the Supreme Court of the United States and the Bar of the District of Columbia Court of Appeals.

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