The document summarizes several new laws taking effect in Virginia on July 1st that are relevant for realtors. Key laws include exempting out-of-state commercial licensees from needing a Virginia license for certain activities, requiring criminal background checks for new real estate license applicants, making it a crime to intentionally misstate a property's sale price, and clarifying rights regarding property owner associations and alternative septic systems. The document provides details on each new law.
Earlier the benami transactions are defined as a “transaction where a property is held by or transferred to a person, but has been provided for or paid by another person”. This Act has amended this definition by to add other transactions which qualify as benami
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
Earlier the benami transactions are defined as a “transaction where a property is held by or transferred to a person, but has been provided for or paid by another person”. This Act has amended this definition by to add other transactions which qualify as benami
Landlord Tenants: Landlord's Options When the Deal Goes BadEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
The amendments of Benami Transactions (Prohibition) Act should further enhance India’s attractiveness as an investment destination by encouraging greater transparency in ownership of property. Along with other regulatory changes such as implementation of Goods and Services Act (GST), Real Estate (Regulation & Development) Act (RERA) and Land Digitization, this amendment is a step in the right direction. In the short term, it will lead to a reduction in transaction volumes. However, in the long term, it will help aligning transactions with ethical standards and will increase international institutional investors and financial insitutions participation in this sector.
Eviction is the removal of a tenant from rental property by the landlord.
Landlords can't evict tenants without terminating the tenancy first. This usually means giving tenant adequate written notice, in a specified way and form. If the tenant doesn't move after proper notice, the landlord can file a lawsuit to evict a tenant. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that tenant did something wrong that justifies ending the tenancy.
EODB INDONESIA 2018 - 2019 - Getting Credit HandbookAydinLemon
Indonesia has progressed significantly in deregulating its economy as its ranking in the Ease of Doing Business (EODB) index for 2018, Further Information : https://www.investindonesia.go.id/en/why-invest/ease-of-doing-business
You Can't Broker Your Way Out of This OneCohenGrigsby
You Can't Broker Your Way Out of This One: Real Estate Broker Licensing Requirements in Modern Housing Administrations
Public housing authorities (“PHAs”) are in the business of property management. Among other things, PHA staff members negotiate tenant leases and manage the numerous day-to-day operational issues that arise in modern housing developments.
Contract Formation in the Digital Age - Idene SaamUBA-komitet
Сппільне засіданні Комітету з питань телекомунікацій, інформаційних технологій та Інтернету та Комітету з міжнародного права «Контракти за правом США, Великобританії та Канади: знайомство та типові для ІТ положення»
Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Termi...Adam Leitman Bailey, P.C.
Adam Leitman Bailey discusses Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Terminating Commercial Leases and the Secrets of How to Negotiate the Best Abatement/Deferment so both Landlord and Tenant are Happy for AmTrust on 7/15
On March 12, 2009, the “Real Estate Licensee/Sign Post Installation Meeting” was hosted by the Division of Underground Utility and Railroad Safety (Miss Utility) of the State Corporation Commission. Miss Utility’s primary concern is excavation (usually manually digging a hole with a post-hole digger) occurring for real estate “for sale” signs in violation of the law’s requirement that Miss Utility be contacted, a “dig ticket” issued, and the underground utilities marked prior to digging. Miss Utility representatives asked what the Real Estate Board could do to help educate its licensees on the lawful procedure for this type of action. On March 26, 2009, the Board approved: 1) encouraging its approved pre-license, continuing and post license educators to include instruction on this subject - an e-mail message encouraging this will be sent to the Board’s education providers; 2) including a question or questions on its salesperson and broker examinations on this subject; and 3) including an article in VREB Speaking” on this subject."
The amendments of Benami Transactions (Prohibition) Act should further enhance India’s attractiveness as an investment destination by encouraging greater transparency in ownership of property. Along with other regulatory changes such as implementation of Goods and Services Act (GST), Real Estate (Regulation & Development) Act (RERA) and Land Digitization, this amendment is a step in the right direction. In the short term, it will lead to a reduction in transaction volumes. However, in the long term, it will help aligning transactions with ethical standards and will increase international institutional investors and financial insitutions participation in this sector.
Eviction is the removal of a tenant from rental property by the landlord.
Landlords can't evict tenants without terminating the tenancy first. This usually means giving tenant adequate written notice, in a specified way and form. If the tenant doesn't move after proper notice, the landlord can file a lawsuit to evict a tenant. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that tenant did something wrong that justifies ending the tenancy.
EODB INDONESIA 2018 - 2019 - Getting Credit HandbookAydinLemon
Indonesia has progressed significantly in deregulating its economy as its ranking in the Ease of Doing Business (EODB) index for 2018, Further Information : https://www.investindonesia.go.id/en/why-invest/ease-of-doing-business
You Can't Broker Your Way Out of This OneCohenGrigsby
You Can't Broker Your Way Out of This One: Real Estate Broker Licensing Requirements in Modern Housing Administrations
Public housing authorities (“PHAs”) are in the business of property management. Among other things, PHA staff members negotiate tenant leases and manage the numerous day-to-day operational issues that arise in modern housing developments.
Contract Formation in the Digital Age - Idene SaamUBA-komitet
Сппільне засіданні Комітету з питань телекомунікацій, інформаційних технологій та Інтернету та Комітету з міжнародного права «Контракти за правом США, Великобританії та Канади: знайомство та типові для ІТ положення»
Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Termi...Adam Leitman Bailey, P.C.
Adam Leitman Bailey discusses Understanding the Legal Weapons Landlords and Tenants have in Enforcing/Terminating Commercial Leases and the Secrets of How to Negotiate the Best Abatement/Deferment so both Landlord and Tenant are Happy for AmTrust on 7/15
On March 12, 2009, the “Real Estate Licensee/Sign Post Installation Meeting” was hosted by the Division of Underground Utility and Railroad Safety (Miss Utility) of the State Corporation Commission. Miss Utility’s primary concern is excavation (usually manually digging a hole with a post-hole digger) occurring for real estate “for sale” signs in violation of the law’s requirement that Miss Utility be contacted, a “dig ticket” issued, and the underground utilities marked prior to digging. Miss Utility representatives asked what the Real Estate Board could do to help educate its licensees on the lawful procedure for this type of action. On March 26, 2009, the Board approved: 1) encouraging its approved pre-license, continuing and post license educators to include instruction on this subject - an e-mail message encouraging this will be sent to the Board’s education providers; 2) including a question or questions on its salesperson and broker examinations on this subject; and 3) including an article in VREB Speaking” on this subject."
Matthew Rathbun's 2016 Mobile Apps for Real EstateMatthew Rathbun
This is Matthew Rathbun's updated presentation for mobile apps for real estate agents. This a one hour session. For more information go to TheAgentTrainer.com to book. All rights reserved.
A Family in Christian Service - Matthew RathbunMatthew Rathbun
Matthew Rathbun's presentation on being a Christian Family that serves Christ. Now you are Christ’s body, and individually members of it. And God has appointed in the church, first apostles, second prophets, third teachers, then miracles, then gifts of healings, helps, administrations, various kinds of tongues
This is the slide presentation for the first session of the RECA Virginia Prelicensing class, held at the Fredericksburg Association of Realtors. www.RECASuccess.com
This is a two hour presentation on building a business plan and a tribe using today's (2010-2011) tools. It's targeted to real estate, but is ideal for most business.
Learn all about the new TREC contract forms required Jan 2016. Power point can be used alone or with text book for 30 hour TREC approved pre-licensing class. www.createspace.com/5249273.
Sections 81 and 82 of Trusts Act, 1882, as adapted by Bangladesh, give legislative recognition to the practice of benami transactions and but it is barred in the Land Reform Ordinance, 1982, Section 5 (1) of which states that no person shall purchase any immovable property for his own benefit in the name of any other person/persons. But Bangladesh has two unique laws.
5 Things To Make Your LIsting Stand Out OnlineMatthew Rathbun
Great, you got the listing! Now…how are we going to stand out amongst all the other competing homes for sale? In a world of noise, with countless homes for sale and listing sites begging for the home buyers attention, how are you going to get your listing information in front of buyers in a meaningful way? This skills enhancement course covers 5 easy and free ways to make sure your listing is getting found on listing aggregators and even in Google searches. It's time to take your marketing and successful level up a few notches and make the most of the listing opportunity!
Rockstar Presenting, Virtual Classrooms and Real Estate Instructors Matthew Rathbun
The Real Estate Industry is filled with the voices of instructors who can carry a tune, but very few who have the ability to build a following, be sought after and to consistently deliver what their audiences are looking for. Now with the clear necessity of virtual classrooms, the instructors have a new set of skills they need to hone in order to deliver a kickass presentation. The Rockstar Presenting session is designed to give you the skills and tools that highly successful speakers are using to prepare an unprepared industry for the changes that are coming, the demands the learners have today, and the ability to evolve with the world. For more information visit www.MatthewRathbun.com
Now more than ever consumers are looking for a way to get into a home, without stepping inside. In the midst of a pandemic, Home owners and landlords are trying to get buyers and tenants into homes, while those occupying the property are trying to do all they can to limit the exposure of themselves and others into a home. The use of video and virtual tours is a critical marketing tool in maximizing exposure to the property. This session explores the various resources, tools and tactics for gathering engaging media and 3D tours both with premium and free tools.
Every broker knows that connection with those in his or her office is essential to team building, engagement, culture and increasing opportunities. However, the old office meeting, where agents sit around and moan about their non-sellable listings have left many of your agents' resistance to attending. The ubiquity of information has made it hard for many managers to find relevance in the agent’s life. Matthew Rathbun shares how his focus on telling the agent’s story and that of the firms has increased attendance. The tools to tell these stories are all around you and can help you craft an experience and not just another meeting.
Ninety-nine percent of consumers conduct online searches related to buying and selling real estate. They are seeking valuable tools and information to help with those processes. Information breeds loyalty. Agents can take advantage of free resources to step up their marketing game and increase their business by offering information, tools and resources that will encourage the consumer to engage the agent. This session focuses on easy means to create content and inbound marketing campaign.
Matthew Rathbun's Real Estate Offer Assistant PacketMatthew Rathbun
The offer assistant packet is left at the listing and uploaded to MLS so that the buyer's agent can use them to draft an offer, thus cutting down on counter offer time.
There is a myriad of free tools and activities that agents can master online and offline to increase their market and create more client opportunities.
10601 Whispering Way, Fredericksburg VA | Home For SaleMatthew Rathbun
You’ve always wanted the perfect waterfront home for entertaining and this is it! Enjoy your year round view of 600 ft of water frontage on 4.91 acres located on Ni River Reservoir. Nestled in a wooded private setting in Fredericksburg, VA this home features several Smart Home security devices, two kitchens, an incredible theater room, large bedrooms, spacious baths, beautiful and hardwood floors.
Matthew Rathbun presents a SmartHome 101 session for Realtors and a tips on how to best serve both the buyers and sellers that are in a transaction with smarthome technology in play
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
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What is the TDS Return Filing Due Date for FY 2024-25.pdfseoforlegalpillers
It is crucial for the taxpayers to understand about the TDS Return Filing Due Date, so that they can fulfill your TDS obligations efficiently. Taxpayers can avoid penalties by sticking to the deadlines and by accurate filing of TDS. Timely filing of TDS will make sure about the availability of tax credits. You can also seek the professional guidance of experts like Legal Pillers for timely filing of the TDS Return.
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𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
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RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
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Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
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1. Legislative Recap
On July 1, most of Virginia’s new laws take effect.
Here are the ones Realtors® need to know about.
EACH YEAR, ON the first of July, the various laws passed by
the General Assembly and signed by the governor take
effect. VAR has had a hand in a number of important
pieces of legislation that affect our members — and there
are several other laws that, while we didn’t have a hand
in them, are the kinds of things Realtors® and brokers are
likely to encounter.
So we asked our vice president for law & policy, John
Broadway, for a breakdown on what to expect on July 1
(and in one case a little later).
Without further ado, here are the important new real
estate laws taking effect this summer.
Out-of-state commercial licensees granted limited license
exemption. Effective July 1, commercial agents licensed in
good standing in other states will be able to bring their
out-of-state clients into Virginia to take advantage of
Virginia opportunities without being licensed in Virginia.
This change reflects the realities of the commercial world
where clients are typically more sophisticated, the laws
and principals at work generally more universal, and legal
counsel more frequently involved than is the case in the
residential world.
Perhaps most importantly, because of the national and
international nature of commercial markets, where agents
are required to work across state borders more frequently,
licensure in multiple states is a real burden, and commer-
cial agents often ignore state license laws that in reality
are often more about turf protection than consumer
protection.
The new law will still require commercial agents to
have a Virginia license to list property in Virginia and
to represent Virginia clients here, but will permit tenant
and buyer representatives licensed elsewhere to bring
their clients into Virginia to see and consider our clients’
properties. In reality, this is done regularly anyway, in
violation of our license laws, putting Virginia brokers at
risk with every commission they pay to an out-of-state
www.VaRealtoR.com
2. broker assisting a client with a Virginia deal if that broker prior to towing. That signature often had to come from the
is not licensed here. property manager. Seeing that the towing is often done in the
These changes were enacted unanimously by both wee hours, that meant he could be woken at 2 a.m.
houses of the General Assembly that believes as we do At VAR’s request, the law will now permit a towing
that dropping barriers to commercial agents from other operator to receive verbal approval to tow from an agent
states to doing business here will work to the advantage designated by local ordinance — one who is available at all
of our clients and our commercial companies, which times. Because the owner of the towed vehicle is likely to
broadly supported this legislation. Virginia becomes the call the police when he sees his car is missing, the locality
first state to enact such a broad reform. now has the authority to require towing operators notify
Real estate license applicants will now undergo a the police department before the tow. (If the towing occurs
background checks. This new law (requested by VAR) during normal business hours, the legislation allows the
requires the Department of Professional and Occupation locality to require that the owner of the property or his
Regulation to conduct mandatory criminal history back- agent provide written authorization prior to the tow.)
ground checks on new applicants for real estate licensure. Attorney’s don’t (necessarily) get paid for referrals. If an
(Which will probably mean an additional fee to cover attorney refers clients to a real estate licensee, he is not
the cost.) And if you’re already licensed? When you go to entitled to receive any compensation from a listing firm —
renew your real estate sales or brokerage license, you’ll or any offered by a common-source information company
have to “affirmatively state” that you have no criminal to cooperating brokers — unless he is also licensed as a
convictions that you haven’t already disclosed. real estate broker or salesperson.
Misstating the sales price is a crime. Don’t try to get out of You now must disclose stormwater detention facilities. A
rendering unto Caesar the things that are Caesar’s — or at new law requires that the Residential Property Disclosure
least the Commonwealth’s. Under this new provision, inten- Statement be amended to add stormwater detention
tionally misstating the sales price in the stated consideration facilities as one of the laundry list of items that should be
provided to a circuit court clerk is a Class 1 misdemeanor included. The Virginia Real Estate Board approved the
(maximum $2,500 fine and a year in lockup). And if the new disclosure statement, and released the new form on
court decides you were trying to evade paying taxes? Not June 1. Realtors® will need to start using it on July 1. (And
only will you have to pay the difference, the bill also allows of course VAR will make it easy to get — stay tuned.)
a penalty of an additional 100 percent of that tax due on the Water and sewage company lien rules were tweaked.
understatement of the consideration. Under existing law, local water and waste authorities can
Vested rights place a lien on real estate (pursuant to certain conditions)
expanded to include fire if a tenant is delinquent in making payments. The new
damage. If a natural law provides that a lien may apply for delinquent rates or
disaster or other act of charges applicable to “three or fewer months” rather than
God damages a build- “three or fewer delinquent billing periods not exceeding
ing, property owners thirty days each” in order to accommodate authorities
could repair, rebuild, that bill on a quarterly basis.
or replace it. At VAR’s You can’t sign away CRESPA rights. Residential pur-
request, the new chase contracts for four or fewer dwelling units must
legislation makes it clear that in the event of an accidental include a Consumer Real Estate Settlement Protection
fire (such as a tenant fire), the owner still has protections Act (CRESPA) Disclosure. (CRESPA guards Virginia’s
under the vested rights statute. consumers by regulating settlement services, protecting
Parts of the POA Act don’t apply to auctioned proper- escrow funds, and limiting settlement fees.)
ties. At VAR’s request, the Virginia Property Owners’ This year, the General Assembly added language to the
Association Act was amended to exempt properties that disclosure to make clear that the provisions of CRESPA
are sold at auction from certain requirements — as long as may not be changed by agreement, and that the rights
a property owners’ association disclosure packet is made it conveys may not be waived. The new language also
available to prospective purchasers before the auction. states specifically that a seller may not require the use of a
Property managers don’t need to be woken for the tow truck. particular settlement agent as condition of a property sale.
Existing law allows a local government to include in its vehi- Transfer of development rights will be more accessible.
cle towing ordinance a requirement for a secondary signature VAR supported extensive changes to the law concerning
Volume 16 ● Issue 3 may/june 2009 25
3. transfer of development rights (TDRs) to help make the revisions contained in the bill:
process more useable for property owners and localities. Landlords must give tenants the same notice for the appli-
The main goal of the changes was to establish a series cation of insecticides as they do for pesticides. Tenants are
of incentives for property owners to utilize TDRs, but required to prepare their units for pesticide and insecticide
key provisions include authority for a local ordinance to applications in accordance with the written instructions of
provide that: their landlords, and if insects or pests are found, tenants
• The owner of development rights may make application must follow written instructions from their landlords to
to the locality for a real estate tax abatement for a period eliminate the insects or pests following application of
up to 25 years, to compensate the owner for the fair pesticides or insecticides.
market value of all or part of the development rights; The repair process is streamlined. The law now clarifies
• The owner of a property may request designation by that if a tenant requests routine maintenance, the landlord
the locality of the property as a “sending property” or a does not have to give notice to that tenant that the land-
“receiving property”; and lord is going to perform the requested maintenance.
• The receiving areas are to include urban development Tenants need to know about defaults and foreclosures.
areas in the locality. Landlords must now provide tenants written notice of
a mortgage default, notice of mortgage acceleration,
or notice of foreclosure sale relative to the loan on the
unit within five business day after the landlord receives
written notice from the lender. (This does not apply to a
managing agent who does not receive a written copy of
the notice from the lender or in the event that a tenant
provides a copy of the written notice to the landlord or
Property owners need to clean graffiti. A new law allows managing agent.)
localities, after giving notice, to charge an owner of unoc- No interest for security deposits. The bill establishes the
cupied property for the costs to remove graffiti. Unpaid interest rate on security deposits for 2009 as 0%.
charges can create a lien on the property. Landlords don’t have to clean a tenant’s mold. Landlords
POA members must have access to POA records. This are no longer obligated to pay all costs for mold remedia-
bill provides that salary information of the six highest tion when the mold is a result of the tenant’s failure to
paid employees of a property owners’ association mak- maintain the dwelling unit.
ing more than $75,000 per year shall be available for Localities must divvy the rental inspections. Existing law
examination and copying by association members. The states that a locality cannot have a jurisdiction-wide rental
provision also specifies that all books and records of the inspection district. This legislation clarifies that a locality
association, including individual salary information for cannot have one or more rental inspection districts that
all employees and payments to independent contractors, comprise the entire locality, either.
are available for examination by members of the board Tenants who don’t leave will pay big. For each day a
of directors. tenant remains after the termination date of his lease, the
Local governments must allow alternative septic landlord has the right to charge a liquidated damage fee
systems. VAR requested — and the General Assembly against the holdover tenant equal to 150 percent per day
passed — legislation to clarify that local governments do of the monthly rent. (This provision does not apply to
not have the authority to ban alternative septic systems. Section 8/low income tenants.)
The governor proposed amending the effective date so Court jurisdiction clarified. The law clarifies that all
that once regulations directing the maintenance of these people obligated on a lease can have their unlawful-
systems have been adopted by the State Board of Health, detainer cases heard in general district court, rather than
localities will no longer have the authority to regulate part of the case being heard in general district court and
qualified alternative septic systems. The effective date of part in circuit court.
this legislation is not July 1, 2009, but upon adoption of
the regulations by the State Board of Health, which most Want more about the laws and how they affect you?
likely will be by the end of 2009, or early in 2010. watch a video with VaR’s special counsel lem marshall for
Finally, a number of significant changes were made more information about these changes at www.VARealtor.
to landlord and tenant laws this year. Below are key com/2009laws. ●
26 may/june 2009 www.VaRealtoR.com