It is halfway through the year of 2019. Here are five previously discussed legal issues that real estate professionals should continuously be aware heading into the second half of the year.
- Antitrust Law in Real Estate – Federal and state law prohibits realtors from agreeing with other realtors to eliminate competition and set standard pricing under Antitrust laws. Enforcement agencies have strictly scrutinized the real estate industry and violations can result in stiff penalties.
- Qualified Business Income Deduction for Real Estate Agents and Brokers – Under the “Tax Cuts and Jobs Act” of 2017, eligible small business owners, including real estate agents and brokers, are entitled to a deduction of up to 20 percent of qualified business income (QBI).
- Commercial Email Requirement under CAN-SPAM – Under CAN-SPAM, commercial e-mails are required to include a legitimate return e-mail address and physical postal address, a clear and conspicuous notice of the recipient’s opportunity to opt-out of future e-mails and a clear and conspicuous notice that the e-mail is an advertisement or solicitation.
- 5 Things to Know Before Buying Within an HOA – When purchasing property that is under the jurisdiction of a homeowners’ association (HOA), buyers should be aware of the HOA’s rules, HOA fees and finance, property insurance, past meeting minutes and potential CC&R violations.
- The Fair Housing Act – The Fair Housing Act governs the actions of all real estate professionals, and Section 804(c) of the act makes it “unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.”