D.R. Legal News

Current Issue: July 2014 (pdf)

Technology: Bad Comes with the Good
Eavesdropping, Social Media & Internet Scams

Technology impacts society all the way from affecting eavesdropping law, to social media sites becoming accepted by courts, to technology being used for scams. Technology is a great tool, but be sure to be careful when using it. In the case of recording devices, s ince there is no current eavesdropping statute in Illinois, you may want to consider if you are a buyer’s agent taking the buyers through a property that there may be recording devices.  There will be no requirement that you or your clients be made aware of this, or give consent to eavesdropping, until a new statute is adopted.  The Internet, whether talking about e-mail, advertisement, or social media, is a technology that some criminals have embraced and they use it for what we commonly refer to as “scams.” Some particular scams have arisen over the past few years that directly target real estate licensees and their customers and clients. Read more >

Five legal case studies are covered in this issue. Read more >

  1. Bill amends Residential Real Property Disclosure Act to include defects in doors and windows.
  2. Tenant suing Landlord for loss of personal property must prove fair market value.
  3. Internet provider can be required to release name of anonymous commenter who posts defamatory remarks.
  4. Corporations and other entities must be represented by licensed attorney in administrative hearings.
  5. Escrow Agent’s duty in a closing is only to follow the escrow instructions. 

Real Estate Disciplines. Among the recent disciplinary actions taken by the Real Estate Division of the Illinois Department of Financial and Professional Regulation (IDFPR): 1) A real estate managing broker license was placed on probation for one year because respondent failed to disclose in writing his status as a licensee, failed to disclose that he was acting for more than one party in a transaction and that he was submitting contemporaneous offers, and failed to disclose that he had an interest in the property that was being purchased.  2) A real estate managing broker license was placed on probation for one year with work restrictions and fined $2,000 for failing to disclose his licensee status in a real estate transaction. Read more >

Top 5 from the IAR Legal Hotline. During the first quarter, members contacted the Legal Hotline with a wide variety of questions. Here’s the Top 5 and a sample question from each category so you can test your knowledge too. 1) Scope of Real Estate License - What license do I need for leasing activities? The answer is a properly sponsored real estate license if you’re performing leasing activities for another and for compensation. Read more >

Peoria County Septic Ordinance: REALTOR® / RVOICE Victory. REALTORS® are regarded for their expertise and sound arguments brought to local public policy discussions. IAR’s Local Government Affairs Directors (GADs) work with local REALTORS® and property owner groups to help shape ordinances that benefit communities and respect real property rights. An example of this is the Peoria County septic systems. REALTORS® in Peoria, working in collaboration with others, successfully persuaded the Peoria County Board to substantially revise its proposed Onsite Wastewater ordinance. In response to these septic law changes, RVOICE created an informative brochure available to you and your clients. As a member benefit, this brochure is available to you, free of charge, from the IAR Store. It contains information on the new Private Sewage Disposal Code and how these changes will affect property owners. In addition, you will find a summary of changes regarding maintenance and record-keeping requirements for septic system owners. Read more >

"What's New After  Session: BPOs, Condo Act  and the new Division of Real Estate" - June IAR Legal Webinar. Each month IAR legal counsel presents a one-hour webinar on hot topics of the day. IAR members can download the programs at www.illinoisrealtor.org/legal/webinars. (Member login required.)

Call For Action: Urge Gov. Quinn to Sign SB 2664. SB 2664, one of IAR's top-priority legislative initiatives this year, has been sent to the Governor for his signature. Opponents to SB 2664 are mobilizing and asking Gov. Quinn to veto our bill. It is CRITICAL that we make our voice heard, and ask Gov. Quinn to sign this important legislation.
Here are THREE THINGS you can do to TAKE ACTION:  1. Send an e-mail, 2. Send a letter or 3) Make a call. Learn how you and your agents can help.

Online Only! D.R. Legal News and is published online only in a downloadable PDF format that is e-mailed to all IAR members who are the Designated REALTOR® (or D.R.) for their real estate office. Be sure to watch and open all e-mail from “IAR Communications” or the "Illinois Association of REALTORS."

The D.R. Legal News is e-mailed six times per year (January, March, May, July, September, November) to the Designated REALTOR® member of the Illinois Association of REALTORS®. For reprint permission, contact iarnews@iar.org.

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