Law Archives - Polley Associates School of Real Estate https://polleyassociates.com/category/levels/continuing-education/law/ Your source for real estate career education Tue, 26 Apr 2022 21:50:41 +0000 en-US hourly 1 https://wordpress.org/?v=6.1.1 https://polleyassociates.com/wp-content/uploads/2018/07/cropped-IMG_20180621_162052_762-32x32.jpg Law Archives - Polley Associates School of Real Estate https://polleyassociates.com/category/levels/continuing-education/law/ 32 32 PA Ranked High In 2016 Disabilities Act Lawsuits https://polleyassociates.com/pa-ranked-high-2016-disabilities-act-lawsuits/ Thu, 26 Jan 2017 16:49:58 +0000 https://www.polleyassociates.com/?p=5008 Pennsylvania earned the Number 8 spot among top 10 states with lawsuits filed during 2016 that alleged accessibility violations under the Americans With Disabilities Act.

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Pennsylvania ranked among the top 10 states in the nation during 2016 as a location for plaintiffs to file lawsuits alleging Title III violations – those dealing with a perceived lack of access to public accommodations and commercial facilities – of the Americans With Disabilities Act, attorneys and a librarian at the legal firm Seyfarth Shaw LLP wrote Monday (Jan. 23, 2017).

Seyfarth partners Minh N. Vu and Kristina M. Launey, and librarian Susan Ryan, reported more than 6,600 ADA Title III lawsuits were filed in federal courts during the year just ended, a 37-percent increase over 2015. They cited two reasons:

  • “Newcomers filing (the most common) physical accessibility lawsuits,” and
  • “A recent proliferation of plaintiffs and attorneys filing website accessibility lawsuits.” Generally, they claim websites and/or mobile apps are inaccessible to those with certain disabilities.

California tops the list with the number of Title II suits, 2,468, filed last year. Pennsylvania ranked eighth at 102 lawsuits. And, they authors add ominously, “the Title III trend shows no signs of cooling down in 2017.”

Read the piece by Vu, Launey, and Ryan, titled “ADA Title III Lawsuits Increase by 37 Percent in 2016,” and published Jan. 26 on Lexology, here.

Photo by svklimkin via MorgueFile

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Polley Courses: ‘Mortgage Fraud, Consumer Protection and Reverse Mortgages’ https://polleyassociates.com/polley-courses-mortgage-fraud-consumer-protection-and-reverse-mortgages/ Mon, 16 Nov 2015 16:40:26 +0000 https://www.polleyassociates.com/?p=4706 Mortgage Fraud, Consumer Protection and Reverse Mortgages This course starts by taking a close look at mortgage fraud in real estate transactions, including the history of mortgage fraud and its impact on consumers. It examines participants in fraud cases, as well as the role of agencies in monitoring fraud. Then it identifies various types of …

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Mortgage Fraud, Consumer Protection and Reverse Mortgages

This course starts by taking a close look at mortgage fraud in real estate transactions, including the history of mortgage fraud and its impact on consumers. It examines participants in fraud cases, as well as the role of agencies in monitoring fraud. Then it identifies various types of mortgage fraud schemes and mechanisms involved, as well as identify red flags to watch for.

The second portion focuses attention on consumer protection and its role as it relates to mortgage advertising.

Finally, the course wraps up with a look at reverse mortgages by identifying the types, requirements, payment options, and providers as they relate to consumers and the law.

Course State Approval: Continuing education for Pennsylvania real estate broker and salesperson license renewal.

This is a one-day, 7-hour, live classroom course consisting of three state-approved topics. No post-course exam is given. It is approved by, and meets 7 hours of continuing education requirements set by, the Pennsylvania State Real Estate Commission. It can be combined with other courses to fulfill all 14 hours of continuing education required by the Commission for a real estate salesperson’s or broker’s biennial license renewal during the 2014-2016 cycle that ends at midnight on May 31, 2016.

Price: $85

Student Material: This course may be accompanied by in-class materials distributed by Polley Associates.

Related:

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Polley Courses: ‘What Lurks Beneath; and Standard Forms Update’ https://polleyassociates.com/polley-courses-what-lurks-beneath-and-standard-forms-update/ Wed, 21 Oct 2015 14:11:46 +0000 https://www.polleyassociates.com/?p=4698 What Lurks Beneath focuses on the new TILA-RESPA Integrated Disclosure. Starndard Forms Update is about what you may be missing in your forms cabinet.

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What Lurks Beneath

The federal Real Estate Settlement Procedures Act (RESPA) was signed into law more than 40 years ago. Its primary goal: to ensure home buyers received professional, ethically delivered services in obtaining a mortgage, and then to ensure they successfully closed on the purchase of their portion of the American Dream.

RESPA has been revised many times during that period, to address both changing economic circumstances and to plug legal loopholes that could have been exploited by unethical parties. It can be safely said, however, that the latest revisions to RESPA and the mortgage sourcing and settlement process – called the TILA-RESPA Integrated Disclosure, or TRID, and scheduled by the Consumer Financial Protection Bureau to take effect during October 2015 – are the broadest and deepest changes ever to this legislation.

Pennsylvania real estate sales and broker licensees MUST alter or abandon many of their past settlement practices as they deal with home buyer clients. The bureau program includes new Loan Estimate and Closing Disclosure documents. It demands strict adherence to deadlines and time requirements in the delivery of information to buyers and lenders. It creates new penalties for, and promises aggressive enforcement against, licensees who fail to fully represent or protect buyers as the process proceeds.

Our presentation advises licensees on what experts say they should consider as best practices to ensure compliance with RESPA and the bureau’s program. It offers guidance on avoiding traps and pitfalls that represent potential RESPA violations. It provides a checklist of actions meant to ensure the home buyer client’s settlement experience is easily understood, and moves as pleasantly and quickly as possible.

Standard Forms Update

The Agreement of Sale forms revised by the Pennsylvania Association of REALTORS (PAR) are just the tip of the forms iceberg.

Go beyond the standard agreement. You’ll find not only a host of forms covering every conceivable contractual need in the profession, but recent changes to frequently used forms as well. Moreover, there are common mistakes in using some forms that have occurred with almost every agent during his or her relationship with a client.

Participants will learn tips, tricks and shortcuts in form usage; how and why to choose one form over another; and how using the right form can likely save an agent’s commission, yield a happier client, and generate repeat business.

Course State Approval: Continuing education for Pennsylvania real estate broker and salesperson license renewal.

This is a one-day, 7-hour, live classroom course consisting of two state-approved topics. No post-course exam is given. It is approved by, and meets 7 hours of continuing education requirements set by, the Pennsylvania State Real Estate Commission. It can be combined with other courses to fulfill all 14 hours of continuing education required by the Commission for a real estate salesperson’s or broker’s biennial license renewal during the 2014-2016 cycle that ends at midnight on May 31, 2016.

Price: $75

Student Material: This course may be accompanied by in-class materials distributed by Polley Associates.

Related:

Find Courses For:

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Polley Courses: ‘Residential Module’ https://polleyassociates.com/polley-courses-required-residential-module/ Tue, 15 Sep 2015 16:20:49 +0000 https://www.polleyassociates.com/?p=2981 Learn more about Polley Associates' Pennsylvania continuing education course, "Required: Residential Module."

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Reviewing Basics For First-Timers, And A Refresher For Veterans

A home is so much more than housing, most real estate licensees agree.

A home is also an investment, a potential retirement vehicle, and a reservoir of equity in times of need. It’s a structure and grounds that demand regular repair and upkeep, scheduled and emergency maintenance, and occasionally expansion or rearrangement. It’s also a personal statement, a reflection of its occupants, their lifestyle, and their desires.

It’s often said that those in the business of marketing residential properties are in fact selling dreams. While that may be true in many cases, would-be buyers and sellers must also deal with the realities of state and federal law, the transitory nature of the marketplace, and the fluctuating thoughts and emotions of those on the other side of any transaction.

Polley’s Residential Module continuing education course offers agents ways to handle almost anything they’re likely to encounter in residential sales. The course fulfills 7 hours of CE for all participants, veteran licensees and newcomers alike.

The Residential module delves into the uniform construction code and zoning, types of construction, land development, real estate environmental issues, home inspections and home warranties, mortgage information, fair housing, and agreements of sale. Real estate case studies and a review of Real estate Commission disciplinary actions are included too.

Its content complements, but is different from, Polley’s General Module course.

Course State Approval: Continuing education for Pennsylvania real estate broker and salesperson license renewal.

This is a one-day, 7-hour, live classroom course. No post-course exam is given. It is approved by, and meets 7 hours of continuing education requirements set by, the Pennsylvania State Real Estate Commission. It can be combined with other courses to fulfill all 14 hours of continuing education required by the Commission for a real estate salesperson’s or broker’s biennial license renewal during the 2014-2016 cycle that ends at midnight on May 31, 2016.

Price: $75

Student Material: This course may be accompanied by in-class materials distributed by Polley Associates.

Related:

Find Courses For:

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Polley Courses: ‘General Module’ https://polleyassociates.com/polley-courses-required-general-module/ Tue, 15 Sep 2015 16:17:48 +0000 https://www.polleyassociates.com/?p=2975 Learn more about Polley Associates' Pennsylvania continuing education course, "Required: General Module."

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Reviewing Basics For First-Timers, And A Refresher For Veterans

Here’s a basic premise: people don’t want to be “sold” anything. Not a box of cornflakes, not a car, and most certainly not a property. What they want is to be fully informed of their options, their choices, their alternatives … and then make a decision for themselves.

Accept the premise and the key question then becomes: “How can real estate licensees deliver the most valuable information – the stuff on which decisions will be made – in the most understandable way possible?”

You’ll find the answers in Polley’s General Module continuing education course. It fulfills 7 hours of CE for all participants, veteran licensees and newcomers alike, and it represents a back-to-basics approach in dealing with clients.

A majority of clients lack an education in real estate. They’re likely to be unfamiliar with current law. They probably won’t know today’s terminology or (worse!) its jargon and alphabet soup of acronyms. They may have opinions on and some knowledge of environmental issues, but maybe not as they relate specifically to the sale or purchase of real property.

Among an agent’s jobs is to be their guide and interpreter.

So the General Module reacquaints licensees with their duties, zoning issues, real estate environmental concerns, client representation and agency relationships, the agreement of sale and its addenda and special clauses, title reports and closing costs. It serves as the foundation for material presented in related modules as well.

Most importantly, it makes it all easily understood for licensees, who in turn can make it easily understood to others. In short, this is all about satisfying client needs. Once that’s accomplished, the “right property” makes itself evident, and buyers and sellers alike will be thankful they found an agent as smart as you.

Course State Approval: Continuing education for Pennsylvania real estate broker and salesperson license renewal.

This is a one-day, 7-hour, live classroom course. No post-course exam is given. It is approved by, and meets 7 hours of continuing education requirements set by, the Pennsylvania State Real Estate Commission. It can be combined with other courses to fulfill all 14 hours of continuing education required by the Commission for a real estate salesperson’s or broker’s biennial license renewal during the 2014-2016 cycle that ends at midnight on May 31, 2016.

Price: $75

Student Material: This course may be accompanied by in-class materials distributed by Polley Associates.

Related:

Find Courses For:

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Four Short Reads To Ring In The New Year https://polleyassociates.com/four-short-reads-ring-new-year/ Wed, 31 Dec 2014 16:06:05 +0000 https://www.polleyassociates.com/?p=4377 What's ahead for the real estate industry during 2015. No one knows for sure, but there seem to be some pretty good guesses, and some really good selling tips.

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NEWTOWN SQUARE PA – The last day (Dec. 31) of 2014 has now arrived, and tomorrow (Thursday, Jan. 1) kicks off 2015. With the new year arises new questions for real estate practitioners: What’s ahead in the next 12 months? Who’s going to be making money? Where? In what kind of property?

And, possibly most important, will you as a sales or broker licensee rank in that winning crowd, or another?

No one we know has those answers. There are, however, plenty of experts who are willing to speculate on what 2015 holds for the industry. Collectively, much of what they predict is good. Here at Polley Associates, we recommend four short reads we think you’ll enjoy and from which you might benefit.

Two are somewhat regional in nature; they address real estate markets in Washington DC and inland California. Two others are broader in topic and less geographically specific. All offer tips and suggestions that have can easily apply to real estate salesmanship in southeastern Pennsylvania.

The reading list:

Polley Associates wishes you the most prosperous New Year possible, and we thank you for your trust, confidence and business with us during 2014.

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As Fall Approaches, Buyers Should Look For Red (Flags) https://polleyassociates.com/fall-approaches-buyers-look-red-flags/ Thu, 18 Sep 2014 14:54:47 +0000 https://www.polleyassociates.com/?p=3732 Prospective buyers should ensure the home of their dreams won't become the nightmare of their wallet. One Realtor suggests looking for red flags that indicate problems.

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BUFORD GA – With tree leaves just beginning to turn to fall colors in some parts of the country, Georgia-based real estate agent Hank Bailey believes home buyers and their licensed representatives should have just one shade on their minds: red.

A percentage of buyers is anxious to find and move into a new home before winter sets in. It’s their gotta-get-it-done-now emotion that may cause buyers to miss obvious problems with a property; Bailey calls them his “red flags.” Buyer representatives probably will be more attuned to these items, but even pros can miss a warning.

Unless the parties involved are careful, Bailey wrote Thursday (Sept. 18, 2014) in Realty Times, “those items … could potentially cost (buyers) a lot in the future, or even in the beginning.” Here’s the first five on his checklist of top 10 red flags:

  1. The Neighborhood. Visit it at different times of the day to get a true sense of what it’s like to live there.
  2. Fixers. They can be great deals, but it’s important to know how much you’re getting into when you buy one.
  3. Issues With A Home Inspection. All offers should be contingent upon a satisfactory home inspection.
  4. Additions and Decks. Ensure all work has been done to code, especially when it comes to remodeling.
  5. Noticeable Structural Problems. Check the fit of doors and windows, and for large, noticeable cracks in foundations.

Read more of Bailey’s article, titled “Red Flags For Homebuyers” and published Thursday in Realty Times, here.

Photo from Google Images

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Polley Courses: ‘Selling HUD Properties and Forms Update’ https://polleyassociates.com/polley-courses-selling-hud-properties-forms-update/ Tue, 01 Jan 2013 13:00:06 +0000 https://www.polleyassociates.com/?p=2967 Learn more about Polley Associates' Pennsylvania continuing education course, "Selling HUD Properties and Forms Update."

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Learn How HUD Property Sales Have Changed; See What’s New In Forms

The first portion of this course intends to teach real estate licensees how to sell Housing and Urban Development (HUD) properties through new HUD contractors who are responsible for listing and disposing of HUD homes. Few agents or consumers currently understand how to navigate new procedures mandated by the HUD purchasing process.

HUD has replaced local contractors with national ones. The agency streamlined its systems and now all sales originate from a single website, at which real estate licensees and consumers can locate all HUD properties for sale. Licensees can also research properties to be purchased, and close on those properties from the same central website.

HUD changed its rules and process across the country. Real estate licensees who are NOT tuned into these changes are experiencing difficulty when they attempt to sell an HUD REO, or bank-owned, property. With tips and tools offered here, real estate licensees can provide competent assistance to buyer clients who choose to purchase HUD-owned properties.

The second portion of this course demonstrates how Agreement of Sale forms revised by the Pennsylvania Association of REALTORS (PAR) are just the tip of the forms iceberg.

Go beyond the standard agreement. You’ll find not only a host of forms covering every conceivable contractual need in the profession, but recent changes to frequently used forms as well. Moreover, there are common mistakes in using some forms that have occurred with almost every agent during his or her relationship with a client.

Participants will learn tips, tricks and shortcuts in form usage; how and why to choose one form over another; and how using the right form can likely save an agent’s commission, yield a happier client, and generate repeat business.

Course State Approval: Continuing education for Pennsylvania real estate broker and salesperson license renewal.

This is a one-day, 7-hour, live classroom course. No post-course exam is given. It is approved by, and meets 7 hours of continuing education requirements set by, the Pennsylvania State Real Estate Commission. It can be combined with other courses to fulfill all 14 hours of continuing education required by the Commission for a real estate salesperson’s or broker’s biennial license renewal during the 2012-2014 cycle that ends at midnight on May 31, 2014.

Price: $75

Student Material: This course may be accompanied by in-class materials distributed by Polley Associates.

Related:

Find Courses For:

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Home Builders Would Love Legislation Offering More Credit https://polleyassociates.com/home-builders-would-love-to-have-more-credit/ Mon, 16 May 2011 22:18:46 +0000 http://polleyassociates.wordpress.com/?p=367 WASHINGTON DC – Proposed legislation that would guide federal and state banking regulators on easing the flow of acquisition, development and construction credit, intended to benefit home builders who find it increasingly difficult to assemble funds for new projects, is just what the housing industry needs, according to the National Association of Home Builders. The …

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WASHINGTON DC – Proposed legislation that would guide federal and state banking regulators on easing the flow of acquisition, development and construction credit, intended to benefit home builders who find it increasingly difficult to assemble funds for new projects, is just what the housing industry needs, according to the National Association of Home Builders.

The association “is applauding” two congressmen who introduced the bill earlier this month, the International Business Times reported Monday (May 16, 2011). Its members are interested in building lower-priced new homes, which have been best sellers in the currently sluggish economy. Obtaining more credit more easily would allow them to move ahead, it said.

Related (to the National Association of Home Builders):

This article was originally published on the Polley Associates‘ blog
Photo from Google Images

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Got A Foreclosure Complaint? Let Attorney General Know https://polleyassociates.com/got-a-foreclosure-complaint-let-the-state-know/ Mon, 11 Oct 2010 21:45:04 +0000 http://polleyassociates.wordpress.com/?p=311 HARRISBURG PA – Pennsylvania homeowners are being urged by the state Attorney General to file complaints concerning questionable or improper mortgage foreclosures. AG Tom Corbett said on Oct. 6 (2010) the filings would be included in an ongoing investigation by his office’s Bureau of Consumer Protection to determine if laws were violated by lenders or …

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HARRISBURG PA – Pennsylvania homeowners are being urged by the state Attorney General to file complaints concerning questionable or improper mortgage foreclosures. AG Tom Corbett said on Oct. 6 (2010) the filings would be included in an ongoing investigation by his office’s Bureau of Consumer Protection to determine if laws were violated by lenders or mortgage servicing companies.

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