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What An Owner’s Policy Of Title Insurance Doesn’t Cover

Posted on by Phil Querin
Remember, "exceptions" noted in a preliminary title report (“PTR”)[1] or title policy, are the title insurance company's exclusions from coverage. This means, for example, that if a homeowner suffered a loss arising from an easement shown as an exception on the policy, the title company is not [...]

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Posted in Broker Risk Management, Miscellany, Realtor Risk Management, Realtors, Title Insurance | Tagged , ,

After Tax Reform, Are HELOCs Dead?

Posted on by Phil Querin
“Reports Of My Death Have Been Greatly Exaggerated” ~Mark Twain (1835 – 1910) History Revisited. Remember when the Home Equity Line of Credit (aka “HELOC”) was used as an ATM?  Need money for a remodel, new car, kid’s college education, debt consolidation, etc? No problem!  Your [...]

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Posted in Miscellany, News You Can Use, Realtor Risk Management | Tagged , ,

Dante’s Vestibule

Posted on by Phil Querin
[caption id="attachment_7645" align="alignleft" width="150"] Dragon bridge, Ljubljana, Slovenia, Europe.[/caption] “THE VESTIBULE: This Is The First Part Of Hell That You Come Across In Dante's Inferno. It Is Reserved For The Indecisive. The Souls Here In The Vestibule Were Called [...]

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Oregon Seller’s Property Disclosure Conundrum

Posted on by Phil Querin
“The way for a person to develop a style is (a) to know exactly what he wants to say, and (b) to be sure he is saying exactly that. The reader, we must remember, does not start by knowing what we mean. If our words are ambiguous, our meaning will escape him. I sometimes think that writing is like [...]

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Posted in Broker Risk Management, Miscellany, Property Disclosure, Q-Law Articles, Real Estate General, Real Estate Laws, Realtor Risk Management, Realtors, Residential Housiing | Tagged , , ,

QUERIN LAW Mission Statement 2018

Posted on by Phil Querin
[Trigger warning: This post has not been vetted by the Sensitivity Police. If you are offended by sarcasm, irony, satire, mockery, cynicism, acerbity, disdain, jest, banter, and other features occasionally found in normal, interesting, adult repartee, please discontinue reading this post, and find [...]

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Posted in Miscellany, Real Estate General, Realtors, Residential Housiing, Satire | Tagged

OREF Forms Changes For 2018

Posted on by Phil Querin
The following Summary addresses the major changes made to the OREF forms that will become available for 2018.  Some changes were stylistic and grammatical, and will not be discussed here as they do not materially affect Realtor® practice.  The primary focus of this Summary is on those [...]

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DRAFTING CONTINGENCIES – The Devil’s In The Details

Posted on by Phil Querin
What is a Contingency? In its simplest form, a contingency is generally an event that must first occur before the contract will become fully binding. There are many examples of contingencies: Financing – i.e. buyer getting the loan; Marketable Title – i.e. no material defects [...]

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Posted in Miscellany, Professional Inspection, Real Estate General, Realtor Risk Management, Realtors, Residential Housiing, Title Insurance | Tagged

Portland’s Energy Audit Ordinance – Nannystate in Tent City, USA

Posted on by Phil Querin
“Government exists to protect us from each other. Where government has gone beyond its limits is in deciding to protect us from ourselves.”  ~Ronald Reagan Perhaps from the title of  this post you can tell I'm not a fan of Portland's new intrusive energy audit program. The effort, i.e. [...]

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Posted in City of Portland, Miscellany, News You Can Use, Politics, Q-Rants, Real Estate Laws, Realtor Risk Management, Residential Housiing | Tagged ,

Question: When Does a Nonrefundable Earnest Money Deposit Become Refundable?

Posted on by Phil Querin
Answer: When the provision making it non-refundable has been poorly drafted. Too many times I have seen sellers want to lock their buyers into a transaction by making the earnest money deposit “nonrefundable”. But what does that mean, standing alone with nothing more than a condition [...]

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Posted in Miscellany, Real Estate General, Realtor Risk Management, Realtors | Tagged ,

Holding Title To Oregon Real Estate

Posted on by Phil Querin
Generally.  The concept of title to land, i.e. its “ownership”, is fairly obvious, just like ownership of a vehicle, personal property, or other tangible and intangible assets.  Similarly, evidence of title, e.g. the deed, is generally understood.  What can become complicated, however, is [...]

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Posted in Miscellany, News You Can Use, Real Estate General, Real Estate Laws, Realtor Risk Management, Realtors, Residential Housiing | Tagged ,
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