Category Archives: Realtor Risk Management

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Landlord Guidance Under Portland’s Additional Renter Protections

Posted on by Phil Querin

Discussion: The Portland Ordinance, 30.01.085 (“Portland Renter Additional Protections”) here, now in effect, has identified the occurrence of certain events that, if triggered, would require landlords to pay Relocation Assistance (“RA”) to tenants. [References below to the “Ordinance” will refer to 30.01.085; references to the Oregon Residential Landlord-Tenant Act, ORS Chapter 90, will be referred […]

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Posted in Landlord-Tenant Laws, Miscellany, News You Can Use, Real Estate Laws, Realtor Risk Management, Rent Control | Tagged ,

Inependent Contractor Resources For Realtors

Posted on by Phil Querin

From the IRS “It is critical that business owners correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any […]

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Posted in Legislation - Federal, Legislation - Oregon, Miscellany, Real Estate Laws, Realtor Risk Management, Realtors, Tax Issues | Tagged ,

Oregon Contract Law: Offers, Counteroffers, And Their Withdrawal

Posted on by Phil Querin

Generally. In its most basic sense, the OREF Sale Agreement is an offer to purchase property; it describes the price and terms of sale, the contingencies, the closing process, and the closing date.  Once signed by seller and buyer, the document is delivered to escrow and, in most cases, the earnest money is deposited in […]

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Posted in Broker Risk Management, Miscellany, Oregon Law, Real Estate General, Real Estate Laws, Realtor Risk Management, Realtors | Tagged , ,

Real Estate Professionals and the Qualified Business Income Rule

Posted on by Phil Querin

On January 18/22, the Treasury Department and the Internal Revenue Service issued their final regulations regarding the new 20 percent deduction on qualified business income created by the 2017 Tax Cuts and Jobs Act. Until the regs were finally published, there had been uncertainty about the interpretation of some provisions. 26 U.S. Code § 199A now […]

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Posted in Broker Risk Management, Legislation - Federal, Miscellany, Realtor Risk Management, Tax Issues | Tagged , ,

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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