Category Archives: Realtor Risk Management

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Oregon Real Estate Disputes – Litigation vs. Mediation & Arbitration (Part II)

Posted on by Phil Querin

Summary of Mediation & Arbitration under Sections 37-38.3 of the OREF Residential Real Estate Sale Agreement. The 2019 OREF forms revisions did not make any major changes[1] to the alternative dispute resolution (“ADR”) provisions of Sections 37-38.3. But before addressing the arbitration process, it is critically important for brokers and their clients to understand that […]

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

Oregon Real Estate Disputes – Litigation vs. Mediation & Arbitration (Part I)

Posted on by Phil Querin

“Which is best? Which is fastest? Which is fairest? Which is the least expensive?” These, and many more questions have been asked over the years regarding the best method of resolving disputes. And oftentimes, the answer depends upon those you ask. So, let’s break the issue down to bite-size bits: Defining the Terms.[1]  The term […]

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Posted in Alternative Dispute Resoluton, Arbitration, Broker Risk Management, Lawsuits, Mediation, Miscellany, News You Can Use, Real Estate General, Real Estate Laws, Realtor Risk Management, Residential Housiing | Tagged ,

QUERIN LAW: Statutory Easements Rights In Oregon

Posted on by Phil Querin

In its simplest form, an easement is a “right of use”.  The legal definition in ORS 105.170 is a bit more arcane: Easement means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land. […]

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Posted in Broker Risk Management, Easements, HyperLynx, Legal Drafting, Legislation - Oregon, Real Estate General, Real Estate Laws, Realtor Risk Management, Residential Housiing | Tagged ,

QUERIN LAW: Realtor Commission Disputes and Procuring Cause Issues

Posted on by Phil Querin

The “procuring cause” rule is simple in theory, but complicated in application. It is used to determine a buyer broker’s entitlement to the “offer of compensation” (i.e. a percentage share of the commission offered by the listing broker on the multiple listing service). All Realtors® must publish an “offer of compensation” in their listings, so […]

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Posted in Miscellany, Procuring Cause, Real Estate General, Real Estate Laws, Realtor Risk Management, Realtors, Residential Housiing | Tagged ,

Buyer Beware: Limitations In Residential Inspection Reports

Posted on by Phil Querin

Limitations in Home Inspection Reports. Home inspectors and home inspection reports are an essential part of the standard due diligence protocols of most homebuyers today. And while these reports are generally very good, they are not the equivalent of insurance. The concept behind insurance is that if a loss occurs, the insurer covers it. Not […]

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Posted in Miscellany, Professional Inspection, Property Disclosure, Real Estate General, Real Estate Laws, Realtor Risk Management, Realtors, Residential Housiing | Tagged

Mortgage Professor: “Daily Interest: A Festering Sore in Consumer Loan Markets”

Posted on by Phil Querin

[Jack M.Guttentag is Professor of Finance Emeritus at the Wharton School of the University of Pennsylvania and author of The Mortgage Encyclopedia. Throughout his career, Professor Guttentag has been concerned with the difficulties faced by consumers in the home loan market.] Question: What do home mortgage loans including second mortgage loans, retail installment loans, automobile loans, home improvement […]

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State Tax Withholding For Nonresident Sellers of Oregon Real Property

Posted on by Phil Querin

See: ORS 314.258 and Oregon Administrative Rule 150-314-258. Escrow companies are required to withhold a portion of a non-resident seller’s net proceeds from the sale of Oregon real property for transmittal to the Oregon Department of Revenue. As a result, at the time of closing, all sellers of Oregon property are asked to provide escrow […]

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Posted in Miscellany, Real Estate Laws, Realtor Risk Management, Realtors, Tax Issues

Mortgage Professor: “Home Ownership Is Not For Everyone”

Posted on by Phil Querin

[Jack M.Guttentag is Professor of Finance Emeritus at the Wharton School of the University of Pennsylvania and author of The Mortgage Encyclopedia. Throughout his career, Professor Guttentag has been concerned with the difficulties faced by consumers in the home loan market.] The homeownership rate has been increasing recently following more than 10 years of decline.  According to […]

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

Why Oregon Homebuyers Should Shop Their Loans Before Going Under Contract

Posted on by Phil Querin

A few years ago, before the real estate market got crazy hot (and before we changed the OREF Sale Agreement form), it wa not unusual for a buyer to submit their preapproval letter to their seller, go under contract, and then try to find other lenders who might offer better rates or terms. But in […]

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Posted in Broker Risk Management, Dodd-Frank, Legislation - Federal, Market Conditions, Miscellany, Real Estate General, Real Estate Laws, Realtor Risk Management | Tagged ,

Procuring Cause – A Primer for Realtors

Posted on by Phil Querin

The “procuring cause” rule is simple in theory, but complicated in application. It is used to determine a buyer broker’s entitlement to the “offer of compensation” (i.e. a percentage share of  the commission offered by the listing broker on the multiple listing service). All Realtors must publish an “offer of compensation” in their listings, so that other members […]

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Posted in Realtor Risk Management, Realtors | Tagged ,
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