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Legal Videos

Press play: in 5 minutes or fewer you can be up to date on a variety of common legal issues.

Please note that videos below are in alphabetical order by topic.

VIDEO: AGENCY DISCLOSURE FORMS

VAR's Laura Farley explains how and when to use VAR's Agency disclosure forms and reminds Agents that an Agency disclosure form does not create a brokerage relationship. A separate brokerage agreement is still needed.

  • Disclosure of Brokerage Relationship for use with unrepresented parties (Form 100)
  • Disclosure of Dual Agency (Form 101)
  • Disclosure of Designated Agency (Form 103)  

VIDEO: AGENCY UPDATE- 2016

VAR’s Laura Farley discusses the changes to the Virginia law on agency – who needs a buyer/tenant brokerage agreement and when is it needed? What exactly does the new law say? (August 2016)

VIDEO: ANTITRUST

VAR attorney Erin Barton covers why antitrust laws are important to your business; best risk management practices to avoid a potential violation; and what to do if you find yourself in a situation where you think an antitrust violation might be occurring. (July 2016)

VIDEO: APPLICATION DEPOSITS

VAR’s Laura Farley discusses the VREB Regulations that apply to application deposits prospective tenants pay when being considered for a property. (2015)

VIDEO: BROKER SELF AUDIT

VAR’s Erin Barton provides a quick overview of the Broker Self Audit process including where to find the form, how to fill it out, and what to do with the form when it is completed. (December 2016)

VIDEO: CODE OF ETHICS
VAR’s Laura Farley provides an update on the Code of Ethics and a review of some of the lesser known provisions.

  • Standard of practice 1-16
  • Standard of practice 3-9
  • Article 12

VIDEO: CODE OF ETHICS-TOP FIVE VIOLATIONS Part 1

In the first of this two part series, VAR's Laura Farley talks about two of the most frequently violated Articles of the Code of Ethics and the Standards of Practice that seem to trip agents up. (2015)

VIDEO: CODE OF ETHICS-TOP FIVE VIOLATIONS Part 2

VAR’s Laura Farley talks about the final three of the top five most frequently violated Articles of the Code of Ethics. (2015)

VIDEO: COMMISSION: PROCURING CAUSE

VAR’s staff counsel Erin Barton talks about the complicated subject of procuring cause and why it is so important to your business.

  • The listing broker pays the procuring cause pursuant to an offer of compensation.
  • Many factors are considered by an arbitration panel when determining the procuring cause of a transaction.
  • Each side’s broker must be a party to the arbitration and the commission payment ultimately is made to the prevailing broker (procuring cause). It is then distributed to the agent(s) pursuant to whatever agreement the broker and agent have.

(2016)

VIDEO: COMPENSATION Part 1 

In the first of a two part series, VAR’s Laura Farley answers questions such as:

  • Don’t agents have to split the commission approved by the seller 50/50?
  • If a buyer’s agent asks to see a copy of the listing agreement to verify compensation, do I have to show it to them?

VIDEO: COMPENSATION Part 2

In the second of a two part series, VAR’s Laura Farley answers questions such as:

  • Can the listing agent ever change the offer of compensation in the MLS?
  • What can I do if the offer of compensation in the MLS is lower than what’s in my buyer brokerage agreement?

VIDEO: COMPENSATION IN LISTING AGREEMENTS

VAR's Laura Farley, Vice President of Legal Operations and Deputy General Counsel, discusses the compensation paragraphs in VAR listing agreements. Sellers often wonder about how much they are going to have to pay when listing their property and who they have to pay. This video explains the differences in the compensation paragraphs, how they interact, and why sellers get confused about their bottom line.

VIDEO: DIPLOMATIC IMMUNITY

VAR’s Laura Farley discusses what diplomatic immunity is and what it means to rent to those who have it. (2015)

VIDEO: DRONES

VAR’s Laura Farley provides a general overview on who can use drones, what the laws are and where you can find more information about them. (2016)

VIDEO: DRONES UPDATE (2016)

VAR’s Laura Farley discusses the new Federal Aviation Administration’s regulations in 14 Code of Federal Regulations Part 107, issued June 21, 2016 and that go into effect August 29, 2016. (August 2016)

VIDEO: ELECTRONIC SIGNATURES & UETA

VAR’s Laura Farley discusses the basics of electronic signatures and what happens if one, or both, parties don’t initial the electronic signature paragraph in a contract. (2015)

VIDEO: EXEMPTIONS FOR THE POA/CONDO ACT

VAR's Erin Barton discusses the statutory exceptions listed in both the POA and Condo Acts where the seller does not have to provide a purchaser with a disclosure packet or resale certificate. (October 2016)

VIDEO: FAIR HOUSING

VAR’s Staff Counsel, Erin Barton discusses Fair Housing law, including:

  • What are the 7 federally protected classes?
  • What classes are protected by Virginia State law?
  • Code of Ethics Article 10
  • Risk management practices for your business

(2016)

VIDEO: FAIR HOUSING - ADVERTISING

VAR’s Erin Barton, Staff Counsel, talks about making sure your advertising complies with Fair Housing Law and the Code of Ethics. Topics discussed include:

  • 10 protected classes for Virginia REALTORS®
  • Whether intent to discriminate is necessary for a violation
  • HUD guidance on acceptable terms and phrases
  • Tips to create protected-class sensitive advertising

(2016)

VIDEO: FULL PRICE OFFERS

VAR’s Laura Farley explains:

  • A seller's obligations with respect to a full price offer
  • Fair Housing implications
  • Potential seller liability under “If Owner should withdraw the Property from the market during the initial period of time or any extension thereof, without written agreement from Broker, or otherwise prevents Broker from selling the Property…, such action shall constitute a breach of this Agreement, and Owner agrees to pay Broker the Fee set forth in paragraph 4.” in the VAR Listing Agreement.

VIDEO: HOA and CONDO ISSUES

VAR’s Laura Farley discusses the requirements for electronic delivery of HOA and Condo packets, as well as what agents can do if they have problems with an association.

CIC Board: http://www.dpor.virginia.gov/Boards/CIC-Board/
Ombudsman: http://www.dpor.virginia.gov/CIC-Ombudsman/

(2015)

VIDEO: IS PROPERTY MANAGEMENT A LICENSED ACTIVITY?

VAR’s Erin Barton discusses the often misunderstood topic of property management and licensing. Do you need to be licensed to do property management? Which property management tasks are licensed activities? What exceptions are there, if any, to the licensing regulations for property management? (August 2016)

VIDEO: LEAD BASED PAINT REGULATIONS

Do you know what your duties are as an agent if the property was built prior to 1978? Are there different obligations for buyer agents and listing agents? VAR’s Laura Farley explains your obligations under the Federal Law and the potential penalties those who don’t follow the law may face. (October 2016)

VIDEO: MAKING VOLUNTARY DISCLOSURES

VAR’s Laura Farley discusses best practices for when a seller instructs you to make a disclosure that is not required by law. Questions addressed include:

  • Should you do it?
  • What form should you put it on?

VIDEO: MARKETING BEDROOMS

VAR’s Laura Farley addresses some common advertising conundrums such as: how many bedrooms does this house really have and what to do when the septic system doesn’t match the number of rooms in the house. (2015)

VIDEO: MULTIPLE OFFERS

VAR’s Laura Farley discusses how REALTORS® should handle multiple offers on both sides of the transaction. What should you do if you’re a buyer’s agent and you have two buyer clients that want to submit offers on the same property? What should you do if you’re a listing agent and your client receives multiple offers? (2016)

VIDEO: NEW FORMS UPDATE (JANUARY 2017)

On January 1, 2017, Virginia REALTORS® released one new form, Form 670 – New Construction Contract of Purchase. Additionally, 8 forms were updated:

  • Form 400 – Exclusive Authorization to Sell
  • Form 410 – Exclusive Authorization to Sell – Limited Service Representation
  • Form 420 – Independent Contractor Listing Agreement
  • Form 450 – Exclusive Buyers Brokerage Agreement
  • Form 460 – Non-Exclusive Buyers Brokerage Agreement
  • Form 920 – Tenant Representative Independent Contractor Agreement
  • Form 975 – Listing Agreement – Exclusive Right to Lease
  • Form 980 – Exclusive Right to Represent Tenant

Laura Farley explains the new form and the changes made to the brokerage agreements.

VIDEO: NEW FORMS UPDATE - PART 1 (JULY 2016)

July 1, 2016 will see changes to VAR’s Residential Lease & several addenda to the lease brought about by changes to the law and business practices. This video will cover changes to:

  •  VAR Form 200 – Residential Lease;
  • VAR Form 220 – Pet Addendum;
  • VAR Form 225 – Assistance Animal Addendum (New Form);
  • VAR Form 250 – Roommate Addendum;
  • VAR Form 280 – Servicemember Civil Relief Act Waiver (New Form); and
  •  VAR Form 290 – Pool & Spa Addendum (New Form)

VIDEO: NEW FORMS UPDATE - PART 2 (JULY 2016)

July 1, 2016 will see changes to many of VAR’s property management related forms brought about by changes to the law and business practices. This video will cover changes to:

  • VAR Form 300 – Application;
  • VAR Form 320 – Resident Selection Criteria;
  • VAR Form 900 – Property Management Agreement;
  • VAR Form 975A – Amendment to Exclusive Authorization to Lease; and
  • VAR Form 1100 – Move-in Move-out Inspection Report.

 
For more information on the July 1, 2016 changes to the VAR Standard forms, including a detailed summary of the changes and redline versions of the forms, visit VAR’s website at: http://www.varealtor.com/forms-updates-July-2016

VIDEO: NEW FORMS UPDATE - PART 3 (JULY 2016)

July 1, 2016 will see changes to several of VAR’s forms. This video will cover changes to:

  • VAR Form 100 – Disclosure of Brokerage Relationship;
  •  VAR Form 102 – Disclosure of Dual Agency/Representation in Commercial Transactions
  • VAR Form 103 – Disclosure of Designated Agency/Representation in Residential Transactions;
  •  VAR Form 410 – Exclusive Authorization to Sell – Limited Service Representation;
  • VAR Form 600 – Residential Contract for Purchase;
  • VAR Form 600I – Counter Offer Form (New Form);
  • VAR Form 1400 – Septic System Waiver Disclosure Form;
  •  VAR Form SUM1 – Summary of Rights and Obligations Under the Virginia Residential Property Disclosure Act;
  • VAR Form 400 MARS1 – Mortgage Assistance Relief Services Disclosure – Consumer-Specific Disclosure;
  • VAR Form 400 MARS2 – Mortgage Assistance Relief Services Disclosure – Offer of Mortgage Relief; and
  • VAR Standard Clauses Booklet.

 
For more information on the July 1, 2016 changes to the VAR Standard forms, including a detailed summary of the changes and redline versions of the forms, visit VAR’s website at: http://www.varealtor.com/forms-updates-July-2016
 

VIDEO: NEW FORMS UPDATE - Part 1 (January 2016)

In this part of a 3 part series, VAR’s Laura Farley discusses the changes to the VAR Listing Agreements for January 2016. A summary of the changes, along with redline versions of the forms, can be found here.

VIDEO: NEW FORMS UPDATE - Part 2 (January 2016)

In this part of a 3 part series, VAR’s Laura Farley discusses the changes to the VAR Buyer Brokerage & Tenant Brokerage Agreements for January 2016. A summary of the changes, along with redline versions of the forms, can be found here.

VIDEO: NEW FORMS UPDATE - Part 3 (January 2016)

In this part of a 3 part series, VAR’s Laura Farley discusses the changes to the VAR Referral Agreement and the Lead Based Paint forms for January 2016. A summary of the changes, along with redline versions of the forms, can be found here.

VIDEO: NEW LAWS (Part 1) - LICENSEE ISSUES (2016)

July 1, 2016 brings about changes to laws. In this part of a multipart series, VAR’s Laura Farley covers what is changing for you in the licensing and agency provisions that govern your practice. The rest of the series will cover Home Inspectors, POA/Condo Acts, property management and Miscellaneous other laws impacting your business and real property.

For more information on the 2016 New Laws, check out the July Commonwealth magazine article. To learn more, including seeing the actual legislation, visit www.virginiarealtorschoose.com/bills/

VIDEO: NEW LAWS (Part 2) – HOME INSPECTORS & POA/CONDO ACTS (2016)

July 1, 2016 brings about changes to laws. In this part of a multipart series, VAR’s Laura Farley covers VAR’s other two initiatives: licensure of Home Inspectors and updates to the Property Owners’ Association Act and Condominium Act. The rest of the series will cover licensee issues, property management, and miscellaneous other laws impacting your business and real property.

For more information on the 2016 New Laws, check out the July Commonwealth magazine article. To learn more, including seeing the actual legislation, visit www.virginiarealtorschoose.com/bills

VIDEO: NEW LAWS (Part 3) - PROPERTY MANAGEMENT (2016)

July 1, 2016 brings about changes to laws. In this part of a multipart series, VAR’s Laura Farley covers what is changing in property management under both the Virginia Landlord Tenant Act (Common law) and the Virginia Residential Landlord Tenant Act (VRLTA). The rest of the series will cover licensee issues, Home Inspectors, POA/Condo Acts, and miscellaneous other laws impacting your business and real property.

For more information on the 2016 New Laws, check out the July Commonwealth magazine article. To learn more, including seeing the actual legislation, visit http://www.virginiarealtorschoose.com/bills/

VIDEO: NEW LAWS (Part 4) - MISCELLANEOUS (2016)

July 1, 2016 brings about changes to laws. In this part of a multipart series, VAR’s Laura Farley covers some of the other highlights that will impact your business and real property. The rest of the series will cover licensee issues, Home Inspectors, POA/Condo Acts, and property management.

For more information on the 2016 New Laws, check out the July Commonwealth magazine article. To learn more, including seeing the actual legislation, visit http://www.virginiarealtorschoose.com/bills/

VIDEO: NEW LAWS (Part 1)- LICENSING AND GENERAL PROPERTY LAWS (2015)

VAR’s Laura Farley provides highlights of some of the new laws taking effect July 1, 2015 covering licensees and general property laws. Property management laws are covered in another video.

VIDEO: NEW LAWS (Part 2)- LANDLORD/TENANT LAWS (2015)

VAR’s Laura Farley highlights some of the changes to landlord and tenant laws taking effect July 1, 2015. An overview of other laws are covered in another video.

VIDEO: PRE/POST SETTLEMENT OCCUPANCY AGREEMENTS

With uncertain settlement dates, how should REALTORS® protect their clients? VAR’s Laura Farley discusses forms that VAR provides that can be used in situations where buyers may move into the property before settlement or sellers may stay after settlement. (September 2016)

VIDEO: PROPERTY MANAGEMENT ESCROW ACCOUNTS

Erin Barton discusses the VREB regulations governing property management escrow accounts. Topics covered include account set-up and maintenance, broker responsibility, timelines for deposit, escrow disbursement, and differences between security deposits, application deposits, prepaid rent, and monthly rent. (December 2016)

VIDEO: PROPERTY OWNERS' ASSOCIATION ACT BASICS

VAR’s Laura Farley explains what the Property Owners’ Association Act (Virginia Code § 55-508 et. seq.) is, what some of the key terms are and which communities it applies to. (November 2016).

VIDEO: RECENT SCAMS

VAR’s Laura Farley discusses two recent scams that have been seen around the Commonwealth at open houses and with listed properties appearing on websites like Craigslist.

VIDEO REPRESENTING THE SELLER

VAR’s Laura Farley talks about the duties agents of the listing firm owe to sellers, including at open houses. (2015)

VIDEO: SCAM ALERT - EMAIL HACKING

VAR’s Erin Barton discusses a new email hacking scam affecting REALTORS® where it hurts the most, at the settlement table. Learn how to recognize the warning signs, educate your clients, and protect your transactions. (August 2016)

VIDEO: SERVICE ANIMALS

VAR’s Laura Farley discusses what to expect when dealing with renters who own service animals

VIDEO: SERVICEMEMBERS' CIVIL RELIEF ACT 

VAR's Laura Farley provides an overview of the Servicemembers’ Civil Relief Act, how the law can impact leases in Virginia and how it interplays with the Virginia Residential Landlord Tenant Act. (November 2016)

VIDEO: SHORT TERM RENTALS

VAR's Laura Farley discusses some of the concerns REALTORS should be aware of before assisting clients in using short term rental platforms to rent out property. (November 2016)

VIDEO: STIGMATIZED PROPERTY

VAR’s Laura Farley discusses what must be disclosed, what can’t be disclosed and what you might want to disclose (after a conversation with your seller) on properties that may have stigmatizing events, such as a death. (2016)

VIDEO: TEAMS

Join VAR's Laura Farley as she discusses real estate sales teams. Laura answers common questions including:

  • What is a team?
  • Who do teams report to?
  • What do teams need to know when advertising?
  • What about teams and designated agency?
  • How are teams compensated?
  • Are there special licensing issues for teams?

VIDEO: TERMINATION VS. RELEASE

VAR’s Laura Farley discusses the difference between a termination and a release, which should be used when, and what using the wrong one could mean for your clients. (March 2016)

VIDEO: TRADEMARK VIDEO FOR MEMBERS

The term REALTOR® is not only a trademark owned by NAR and protected by federal law, it is also a valuable membership benefit that distinguishes members from all others in the real estate business. Watch this entertaining, three-minute video to learn how you can protect the value of the mark by using it properly. Remember, a REALTOR® isn't "just another real estate agent." Being a REALTOR® means more!

VIDEO: UNLICENSED ASSISTANTS - DO'S AND DONT'S

VAR's Erin Barton discusses the VREB regulations on what activities an unlicensed assistant is and is not allowed to do. Common Legal Hotline questions on the topic are also reviewed including What can an unlicensed assistant say on the phone? Who can hold an open house? And How can an unlicensed assistant be paid? (September 2016)

VIDEO: VREB REGULATIONS (Part 1)- ESCROW FUNDS AND SELF AUDITS (2015)

In this edition of a multi-part series, VAR’s Laura Farley discusses some of the new VREB regulations covering escrow funds and broker self audits. See the other additions for information on the new VREB regulations covering advertising, education requirements, prohibited acts, place of business and what qualifies as licensed activity.

VIDEO: VREB REGULATIONS (Part 2)- PROHIBITED ACTS (2015)

In this edition of a multi-part series, VAR’s Laura Farley discusses some of the new VREB regulations covering prohibited acts. See the other additions for information on the new VREB regulations covering advertising, education requirements, escrow funds, prohibited acts, place of business, self audits and what qualifies as licensed activity.

VIDEO: VREB REGULATIONS (Part 3)- EDUCATION AND PLACE OF BUSINESS (2015)

In this edition of a multi-part series, VAR’s Laura Farley discusses some of the new VREB regulations covering education and places of business.

VIDEO: VREB REGULATIONS (Part 4)- LICENSED ACTIVITY (2015)

In this edition of a multi-part series, VAR’s Laura Farley discusses some of the new VREB regulations covering licensed and unlicensed activity.

VIDEO: VREB REGULATIONS (Part 5)- ADVERTISING (2015)

In this edition of a multi-part series, VAR’s Laura Farley discusses the new VREB regulations around advertising.

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