12/4/2020

Property will be listed tomorrow and the home includes a dangerous set of stairs and no lighting. Broker will put signs around the stairs warning of the danger but seller believes that kids are at particular risk and as a result, he wants to prohibit kids from visiting the home. Can seller and listing firm impose that restriction without violating the Fair Housing Act?

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12/4/2020

I am a certified court interpreter in the Spanish language and came across the need to go over the forms before making offers this year by video and zoom as well as masked in person. That sparked a thought and a question. I would like to make some videos directed at only my buyers and or sellers to go over the forms ahead of time. This would be general information, mock contract with no real information such as names, phone numbers, addresses etc... and would be in Spanish and/or English to just familiarize my clients with the forms that they would be presenting in an offer or responding to. I would have them only available by a specific link that would be private or unlisted and only shared with the clients to review. Are there any legal restrictions or risks that I need to be aware of? Is this even allowed? In the event that there would be some issues is it possible for me to translate the English forms to Spanish to be used for Spanish-speaking clients who need to review the documents or are there any documents already translated to Spanish that are available.

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12/4/2020

When purchase and sale (Form 21) is signed by two sellers are both signatures also required on the included addenda?

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12/4/2020

If a home has cut out holes in the ceilings with speakers and speaker covers can my sellers remove the speakers and put the covers back on without disclosing to a potential buyer. Are the speakers considered real property/ fixtures? They are built in. The home also has a smart home program and surround sound.

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12/3/2020

If a home has cut out holes in the ceilings with speakers and speaker covers can my sellers remove the speakers and put the covers back on without disclosing to a potential buyer. Are the speakers considered real property/ fixtures? They are built in. The home also has a smart home program and surround sound.

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12/3/2020

Help! I know once a transaction has closed we are done and it is time for an attorney if there is a problem but what about if there is a Seller Occupancy After Closing 65B that is still in effect? On the first page of the sale agreement the agent checked the “other” box in section 11 and typed “Up to 30 days after close” but on the 65B form they typed in Dec 18 on line 12 which is one day shorter than on page one of the sale agreement. The result is that the seller wants Dec 19 and the buyer wants Dec 18. Both documents were signed on the same day. Hopefully this can be resolved peacefully but I am interested in what your thoughts are.

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12/3/2020

I am the listing agent. Multiple offers on a $ 1.275 mill house, sells for $1.4. No inspection, financing, appraisal ctg. %50K EM. Appraisal is low. %1,050.Mill. I think no problem. We ask for a consideration from appraisal, no surprise, no change. Buyers agent sits quiet the whole time. Stops communicating. Waits until 3 days before close to send a rescission agreement for the Form 17! My fault. One box not checked. They win. I missed it, my assistant missed it, our front desk missed it. Total system fail. But still my fault. My assistant turns in the rescission but not form 51 yet. MLS shows FELL. Contract ends today. I get an SOS call from buyers agent the buyers are distraught and offer $b1,275b. But now it is FELL. My client wants to offer 1.3, all ctg removed. $50k EM increased to 5% ($65K) and converted to a non-refundable deposit. They also want. Both agents to reduce to 2% each side. Everyone gives. 1.) With it FELL can we re-activate the listing or re-write? 2.) Can the agent come back to me after close and take me to the ethics for the additional 1% even if they agree and sign off? THis happened to my partner and she lost. 3.) Will the lenders allow a total re-write if needed? Please advise!!

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12/3/2020

I represent a buyer of a condominium that has a special assessment. In the MLS listing, the agent marked "N" for the Special Assessment field and as twice confirmed by email that the seller has paid off the special assessment. However, the Resale Certificate states the seller has only paid 1/2 of the special assessment. We have checked the box for "prepaid in full by Seller at closing" for Line 13 Charges/Assessments on Form 28 - Condo PSA. Is this sufficient to ensure escrow pays the seller's outstanding special assessment at closing? Or, do we need an additional addendum to specify this?

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12/3/2020

The listing office said that a letter has to be signed before a showing can be confirmed. The letter requires buyer's broker to ensure that buyer is not experiencing any symptoms of illness. Our broker is concerned about signing it due to the wording that she is assuring that her clients are free of Covid-19 symptoms. It is our understanding that we can not ask clients medical questions. Please advise.

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12/3/2020

An agent lists a property with the sellers name as owner of record and an offer is made and we have mutual acceptance. A short time later listing agent sends a Form 34 changing it to an Estate of---- and there is no Form 17 required. I am wondering -is it an estate if the deed of record is not in the name of an estate?

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