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A student asks, How do I evict a tenant on a sale?

Reading Time: 2 minutes The simple answer is: you don’t. When a property is sold it is sold subject to any underlying leases. There are possible exceptions depending on the lease agreement, but it is rare and may be hard to enforce, particularly in a residential situation. One option is to incentivize the tenant’s departure, that is, bribe the […]
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Lead Based Paint Disclosures

Reading Time: 3 minutes A student asked: Jerry, The EPA is coming to Fairbanks this week to do a records inspection on Lead Based Paint Disclosures. We have been told different things to expect and wanted to know if you had experience or guidance available for this. I just wanted to be prepared and discovered at the beginning of […]
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Commission Class Action Lawsuits Part 16

Reading Time: < 1 minute Over the Holidays more Class Action Commission Lawsuits have been filed. The pace is picking up. 5 Class Action Lawsuits were filed in November, 7 in December and 5 so far in January. Now the count is over 19 and I wanted to bring you a summary of the second group today. Lots of research […]
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Commission Class Action Lawsuits Part 15

Reading Time: < 1 minute Over the Holidays more Class Action Commission Lawsuits have been filed. Now the count is over 19 and I wanted to bring you a summary of the first 10 today with additional case overviews I will send later this week. Lots of research was done to extract these with much of the effort borrowed from […]
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Commission Class Action Lawsuits Part 14

Reading Time: 2 minutes Second Class Action Lawsuit Filed in Texas In less than a month a second Real Estate Class action Lawsuit on Commissions has been filed in Texas. This new lawsuit seeks punitive damages and is named Martin, et al., v. Texas Association of Realtors, Inc., et al. This The plaintiffs are seeking class-action status for their […]
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Commission Class Action Lawsuits Part 13

Reading Time: 3 minutes Attorney and Mortgage Company insights! Attorney Insights: Clint Coons Esq. reviewed many of the new Commission Class Action Lawsuits from a legal strategy perspective and he discussed how attorneys will name multiple defendants in an attempt to get them to turn on each other in exchange for softer treatment. You can see this strategy unfolding […]
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Commission Class Action Lawsuits Part 12

Reading Time: 2 minutes Copycat Lawsuits are springing up in multiple states including New York, Texas, South Carolina and New Jersey, with more to follow. Next steps for NAR and other plaintiffs include as noted, NAR has said it plans to appeal the verdict. This is just the first chapter in a longer legal process. In terms of timing, […]
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Commission Class Action Lawsuits Part 11

Reading Time: 3 minutes Are MLS and REALTORS treating this seriously? AKMLS had 3 meetings and our students gave the meetings a mixed report card. The students in last week’s live classes just after the AKMLS meeting, reported the mediation attorney AKMLS brought up didn’t understand the restraint of trade issues and said Alaskan real estate professionals were not […]
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Commission Class Action Lawsuits Part 10

Reading Time: 3 minutes Critical MLS Questions MLS had 3 meetings last week and our students gave the meetings a mixed report card. I will give a detailed narrative on the meetings and MLS actions taken after the meeting, in next week’s newsletter. Lawsuits expanding to multiple states! Texas commission lawsuit names real estate teams and individual broker as […]
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Commission Class Action Lawsuits Part 9 Critical MLS Questions

Reading Time: 3 minutes AKMLS Bringing Attorney for 3 Presentations this week. What questions should I ask? MLS Questions. What rule changes do you plan on making? What forms are you planning on changing? How soon do you plan on making the changes? What role will the broker members have in the changes? What changes should MLS members make […]
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Commission Class Action Lawsuits Part 8

Reading Time: 3 minutes Are Class Action Real Estate Commission Lawsuits coming to Alaska? As you know, the long-anticipated Sitzer/Burnett class action commission lawsuit verdict is in. In the Sitzer/Burnett buyer broker commission lawsuit a Kansas City jury has found the National Association of Realtors, HomeServices of America, and Keller Williams guilty of colluding to inflate or maintain high […]
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Commission Class Action Lawsuits Part 7

Reading Time: 2 minutes The long-anticipated Sitzer/Burnett class action commission lawsuit verdict is in. I have gathered 30 pages of information and will spend the next several hours summarizing the information for a newsletter I will send you tomorrow, but I wanted to get this news to you right away, so stay tuned. Here are the major points: Missouri […]
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Commission Class Action Lawsuits Part 6

Reading Time: 3 minutes The long-anticipated Sitzer/Burnett class action commission lawsuit entered its first day in court last Monday, leaving real estate professionals to ponder the fate of today’s cooperation and commission practices. Here are some of the highlights of the first week of the court case: At the crux of the case is the allegation that commission rates […]
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Class action Lawsuits Part 5

Reading Time: 3 minutes Now that Trials are starting, it’s important for the industry to be able to explain why our structure and standards of practice work best for all parties. We’ve talked about the details of the 3 leading Class Action Commission Lawsuits unfolding against the real estate industry in Parts 1-4 in our newsletter series: Sitzer/Burnett Moehrl […]
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Class Action Lawsuits Part 4

Reading Time: 5 minutes Commission Class Action Lawsuits Part 4 As a bombshell class-action trial fast approaches, the National Association of Realtors says it’s now allowing listing brokers to offer buyer brokers nothing in compensation when listing a home in a Realtor-affiliated multiple listing service. The new interpretation of the controversial commission rule being challenged in the case comes […]
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Class Action Lawsuits Part 3

Reading Time: 2 minutes Are Class Action Real Estate Commission Lawsuits coming to Alaska? Mastermind groups nationwide have moved the discussion of these class action lawsuits to the top of their concerns Cheryl. Are you hearing any discussions? So what’s the big deal? In the two lawsuits that have already been filed, where multi million dollar settlements have already […]
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Class Action Lawsuits Part 2

Reading Time: 2 minutes We notified Alaska Real Estate Professionals last week about breaking news on some significant class action lawsuits against the real estate industry commission structure how some of the major brokerages have moved forward with some partial settlement agreements that are bound to affect you. Joshua Sitzer and Amy Winger (now referred to as the Stitzer/Burnett […]
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Class Action Lawsuits Part 1

Reading Time: 2 minutes Breaking news on some significant class action lawsuits against the real estate industry commission structure have moved forward with some partial settlement agreements that are bound to affect you. RE/MAX makes $55 million deal to settle commission lawsuits, and they are not the only defendants that have been named in the lawsuit. Key points: RE/MAX’s […]
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A student asks: Can a tenant that have their son living in their garage?

Reading Time: 9 minutes I have tenants that have their son living in their garage. They have a full bed, put down rugs, a desk, computer, etc. We have told them that that was not allowed but it continues. Can you tell me where I can find rules against this and advise me on how to resolve this My […]
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A student asks: May an Alaska Real Estate Broker provide a loan to a home buyer?

Reading Time: < 1 minute May an Alaska Real Estate Broker provide a loan to a buyer of a home? I would be the selling Broker as well as an owner within the LLC providing the loan. Would this loan by a Broker be acceptable? Thank you, Short answer is: It depends. The key consideration is what type of financing […]
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A student asks… Is wholesaling legal?

Reading Time: 2 minutes I just got off the phone with a wholesaler in Texas. I told him that Alaska does not allow wholesaling, per state law. I’ve even had a title company tell me that they don’t do wholesaling. The investor from Texas told me that is not true, that Stewart Title is closing wholesale deals in Anchorage. You […]
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Tree Fall Liability: Who Is Responsible for Property Damage? Part 3

Reading Time: 2 minutes A student asks A branch from my neighbor’s tree fell into my yard and damaged my boat. He claims he isn’t liable to cover any of the damages, what can I do? A tree falling is considered an act of God or nature. Usually, the tree owner is not held accountable, which does tend to […]
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A student asks: Cutting down trees part 2

Reading Time: 5 minutes Part 2: Cutting Down Trees: This from the NOLO Organization whose mission is: to help consumers and small businesses find answers to their everyday legal and business questions. Most of a big tree hangs over my yard, but the trunk is on the neighbor’s property. Who owns the tree? Your neighbor owns the tree. It […]
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A student asks: Cutting down trees part 1

Reading Time: 3 minutes Can I get in trouble for cutting down a neighbor’s tree to improve my view? You can cut all the trees you like on your own property. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree […]
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A student asked: What are the things not to do when leaving a brokerage, so you don’t end up in jail?

Reading Time: 4 minutes Can you send me that newsletter you did on 19 things not to do when leaving a brokerage, so you don’t end up in Jail? I understand that transitions between brokerages are a common occurrence in our industry, driven by career growth, personal choices, or market dynamics. When embarking on such a transition, it is […]
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Artificial Intelligence (AI) in Real Estate – Part 2

Reading Time: 2 minutes As technology continues to evolve, it’s no surprise that AI is playing a bigger role in the real estate market. AI-powered tools are changing the way homes are bought and sold, making the process faster, more efficient, and more accurate than ever before. In this article, I’ll explore some of the ways in which AI […]
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Withholding Offers

Reading Time: 6 minutes We have received numerous complaints about a practice that is happening more frequently. With less inventory on the market, some licensees have been violating the law by withholding information on listings, misrepresenting availability, or not presenting other licensee’s offers when in a multi offer situation. Is it wrong? Yes. It violates numerous Alaska Statutes, Regulations and […]
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How Can AI Transform the Real Estate Industry for Good or for Worse? Part 1

Reading Time: 3 minutes Artificial intelligence, or AI, has been changing the way we live and work for decades now. From self-driving cars to virtual assistants, AI is becoming increasingly integrated into our daily lives. And the real estate industry is no exception. AI is helping to streamline many of the processes involved in buying and selling property. But […]
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How AI is Revolutionizing the Home Selling Process

Reading Time: 2 minutes As technology continues to evolve, AI is playing an increasingly important role in various industries. One area where AI is making a significant impact is the real estate market. AI-powered tools are changing the way homes are bought and sold, making the process faster, more efficient, and more accurate than ever before. Gone are the […]
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AI Home Buying Process

Reading Time: 6 minutes Withholding Offers We have received numerous complaints about a practice that is happening more frequently. With less inventory on the market, some licensees have been violating the law by withholding information on listings, misrepresenting availability, or not presenting other licensee’s offers when in a multi offer situation. Is it wrong? Yes. It violates numerous Alaska Statutes, […]
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Eviction Diversion Program Resources

Reading Time: 4 minutes We received some feedback from some of our students who felt there are additional resources regarding the Eviction Diversion Program that could be useful on the Alaska Court System Website. We wanted to make sure you receive the full picture of the new program. You can access the information and the active links here: https://courts.alaska.gov/shc/housing/edp.htm#info […]
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New Eviction Requirements and move out timelines in Alaska

Reading Time: 3 minutes We were provided some important information from one of our students in Fairbanks, that was shared by a commercial loan officer and a Fairbanks law firm: In the last few weeks there have been a couple of developments in evictions in Alaska that are judicial over-reach. The courts are placing a large burden on Landlords […]
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Who Owns the Listing?

Reading Time: 5 minutes I have had to address this issue many times in the past and the answer has evolved as the industry has. Sometimes it is time for the licensee to move on to what may be perceived as greener pastures or in today’s post-pandemic industry, a decision to open their own brokerage at their own house, […]
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Slip and Fall Reducers

Reading Time: < 1 minute Join our complimentary webinar next week on reducing Slip and Fall Risks. Until then, with the snow flying, here are a few more hints from our FREE 62 Slip and Fall Risk Reducers Webinar: Thursday November 12, 1pm-1:30pm Click here to register: https://www.alaskatraining.com/ourclasses/property-management/ 1)  Send email to clients regarding winter here. Reminder; be careful   2)  Watch […]
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Recent E&O Case-When the showing goes to the dogs

Reading Time: 2 minutes The Claim On May 1, the licensee entered the property with a prospective buyer, which had been listed for sale. Prior to this visit, the listing licensee had provided the licensee with the combination to a lock at the property and stated that it was ready to be shown. When they entered, they were surprised […]
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E&O Insurance-FREE Webinar

Reading Time: < 1 minute With E&O renewals hitting mailboxes this week is it time to reconsider the options? Join our complimentary webinar next week to explore your choices. FREE Webinar Thursday November 5 10am-11am Register for the FREE E&O Insurance Webinar   Risk management is both avoiding or mitigating inherently risk-potential situations in business and dealing effectively with problems […]
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October Property Management Month Closes

Reading Time: < 1 minute 4 Virtual Webinars This week: Property Management: 4 hours Landlord Asset Protection 1 Hour Slip and Fall Risk Reducers 1 hour-FREE Evictions and Best Practices 1 Hour-FREE Click here for more information and to register E&O Insurance Webinar-Free Risk management is both avoiding or mitigating inherently risk-potential situations in business and dealing effectively with problems […]
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Property Management Training Week

Reading Time: 2 minutes October Property Management Month Closes 4 Virtual Webinars Next week: Property Management: 4 hours Landlord Asset Protection 1 Hour Slip and Fall Risk Reducers 1 hour Evictions and Best Practices 1 Hour Register or check out the schedules, resources and details on https://www.alaskatraining.com/ourclasses/property-management/ You can relax at home and be comfortable with our virtual delivery […]
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