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Escrow Liability – Instructions on Disbursement

Type Matter:  Escrow Company Liability – Instructions on Disbursement
Issue:  Can an Escrow company be found liable to a Buyer’s Broker if they take Escrow instructions from a Seller and disburse the commission as directed by the listing Broker?
Answer:  No
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Escrow Liability – Sham Deals

Type Matter:  Escrow Liability
Issue:  Is an Escrow Company likely to be held liable when a sham deal between Buyer and Seller goes bad?
Answer:  Generally No
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Water Infiltration/Mold

Type Matter:  Water Infiltration/Mold
Issue:  Can a real estate Agent be held liable for allegedly mis-diagnosing the cause of moisture under or around the property?
Answer: Probably Not

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Agent Liability and Indemnification – Lack of Knowledge on City Penalties

Type Matter:  Real Estate Agent Liability and Indemnification
Issue:  Can a real estate Agent be held liable for lack of knowledge and failure to disclose city or county enforced penalties pertinent to a listed property?
Answer:  No

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Agent Liability – Personal Injuries to Minor

Type Matter:  Real Estate Agent Liability
Issue:  Can a real estate Agent be held liable for personal injuries to a minor child of homeowner who walked thru code violating, non-tempered glass?
Answer:  No

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Real Estate Agent Liability for Ordinance and Zoning Issues

Type Matter:  Real Estate Agent Liability for Ordinance and Zoning Issues
Issue:  Can a real estate Agent be held liable for failing to disclose to Buyer a recent city ordinance limiting the number of registered sex offenders who can reside at a property?
Answer:  Maybe

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Real Estate Appraiser’s Duty of Care in Partnership Disputes

Type Matter:  Real Estate Appraiser’s Duty of Care in Partnership Disputes
Issue:  Does a Real Estate Appraiser owe a duty of care to each Partner of a partnership when only one Partner engages the Appraiser to prepare an appraisal report for that Partner’s benefit?
Answer:  Probably not.

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Real Estate Appraiser Liability for Acts of Others

Type Matter:  Real Estate Appraiser Liability for Acts of Others
Issue:  Can a Supervisory Real Estate Appraiser be held liable for negligence of his/her trainee?
Answer:  Yes

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