Risk Management in the Real Estate Office
-Continuing Education- 

Price:$65.00\$75.00
Book Cost: included
Hours: 7.5hours (You finish 1/3 of your 22.5 hours of continuing education required by the State.)

Course Outline:

1. MISREPRESENTATION, NONDISCLOSURE, AND UNAUTHORIZED PRACTICE OF LAW
   1.  Misrepresentation and Nondisclosure
      1) Intentional misrepresentation
      2) Intentional concealment
      3) Negligent misrepresentation
      4) Negligent nondisclosure
      5) Negligent advice
   2. Unauthorized Practice Of Law
      1) Activities that constitute the unauthorized practice of law
      2) Legal counsel be recommended when the interest of any party to the
      transaction requires it.
2. DISCLOSURE OF ENVIRONMENTAL HAZARDS
   1. Major Federal Environmental Legislation
      1) Hazardous substances and environmental laws
      2) The Resource Conservation and Recovery Act of 1976 (RCRA)
      3) Environmental Responsibilities under Comprehensive Environmental Response, Compensation and Liability Act/Superfund (CERCLA)
   2. Handling Environmental Problems
      1) General precautionary measures to avoid liability for environmental problems
      2) The real estate agent’s role
3. AGENCY
   1. Agency Problems In Real Estate
      1) Common causes of legal action involving agency issues
      2) Consequences of breach of agency duties
      3) Risk reduction recommendations
   2. Buyer Agency
      1) Duties of the Buyer’s Agent to the Buyer
      2) Duties of the Buyer’s Agent to the Seller
      3) Buyer Representation Agreement
   3. Dual Agency
      1) Duties of a dual agent to both seller and buyer
      2) Duty of disclosure and honest and fair dealings
      3) Risk of Dual Agency
4. FEDERAL FAIR HOUSING LAWS
   1. Title VIII of the Civil Rights Act of 1968,amended in 1988 prohibits discrimination on the basis of the following criteria:
      1) Race
      2) Color
      3) Religion
      4) Sex
      5) National origin
      6) Handicap
      7) Familial Status
   2. Conduct Prohibited By The Fair Housing Laws
      1) Racial Steering
      2) Blockbusting
5. THE AMERICANS WITH DISABILITIES ACT (ADA)
   1. TITLE I-EMPLOYMENT
      1) Pointers for Avoiding Claims of Discrimination Under the ADA
      2) Steps Brokers Can Take To Avoid Legal Problems with the ADA
   2. TITLE III-PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES
      1) Examples of Reasonable Accommodations
6. ANTITRUST LAWS
   1. THE SHERMAN ACT
      1) Conspiracies to fix real estate commission rates or commission splits
      2) Restraint of trade
      3) Group Boycotts
      4) Tying Agreements
   2. ANTITRUST ENFORCEMENT
      1) The Department of Justice
      2) Private Enforcement

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