Category Archives: Oregon Real Estate

National Association of REALTORS® Moves to Dismiss Price-Fixing Lawsuit

Class action lawsuit claims real estate broker franchisors and National Association of Realtors conspire to require home sellers to pay buyer broker fees

By Jeff Sorg, OnlineEd Blog

(May 23, 2019)

CHICAGO (May 18, 2019) – The National Association of REALTORS® (NAR) moved to dismiss the Moehrl v. NAR lawsuit on the basis that the complaint misrepresents NAR rules for the operation of Multiple Listing Services (MLSs), which have long been recognized by the courts across the country as protecting consumers and creating competitive, efficient markets that benefit home buyers and sellers. The filing was made in federal court in Chicago.

“In today’s complex real estate environment, REALTORS® and Multiple Listing Services promote a pro-consumer, pro-competitive market for home buyers and sellers, contrary to the baseless claims of these class action attorneys,” said John Smaby, President of NAR. “Our filing today shows the lawsuit is wrong on the facts, wrong on the economics and wrong on the law.”

NAR’s brief points out that, as the centerpiece of their case, the seven class action law firms who represent one plaintiff have resorted to fundamentally mischaracterizing NAR’s rules. That mischaracterization, according to the NAR’s filing, led the class action attorneys to “dream up” purportedly anticompetitive rules that simply do not exist in NAR’s Handbook or Code of Ethics. In reality, NAR rules specifically direct listing brokers to determine – in consultation with their clients – the amount of compensation to offer buyers’ brokers in connection with their MLS listings. Furthermore, under NAR rules, a buyer’s broker is free to negotiate a commission from the listing broker that is different from what appears in the MLS listing. Neither NAR nor any MLS has any say in setting broker commissions.

Ultimately, these rules create a system of highly competitive markets where consumers receive superior service.

Beyond misreading the facts, NAR’s filing to dismiss demonstrates the shaky legal grounds of the plaintiff’s case, pointing out that the lawsuit disregards legal precedents that have upheld the pro-competitive benefits represented by the MLS system. For example, past court rulings have noted that NAR rules provide a more transparent marketplace, and encourage REALTORS® to share listing information and cooperate in the sale of real estate.

In fact, when considering the structure of commission payments, NAR’s filing notes that listing brokers’ offers of commission to buyers’ brokers on MLSs has been shown to actually increase the number of potential buyers. “When a seller elects to permit their brokers to pay compensation to the buyer’s broker, it frees up buyer cash thereby potentially increasing the number of buyers able to bid for that home and the amount of funds available for the purchase price,” the filing states.

“The MLS system is designed to create competitive markets to facilitate the sale of residential property in a way that benefits both buyers and sellers,” said Smaby.

Contrary to the career class action attorneys’ manufactured rules and claims, the plaintiff’s transaction was subject to the same rules as all transactions facilitated via an MLS: commissions are agreed upon up front by the seller and listing broker – independent of NAR – and commissions are negotiable. These rules have been proven to promote competition and ensure that brokers act in the best interests of their clients.

On the basis of these fundamental arguments that refute the plaintiff’s allegations and reading of legal precedent, as well as a failure to demonstrate harm, NAR is seeking to dismiss the lawsuit “with prejudice.”

[Source – NAR Press Release]

DEFENDANT: The National Association of Realtors, Realogy Holdings Corp., HomeServices of America Inc., RE/MAX Holdings Inc., Keller Williams Realty Inc.
CASE NUMBER: 1:19-cv-01610
COURT: U.S. District Court for the Northern District of Illinois

The National Association of REALTORS® is America’s largest trade association, representing more than 1.3 million members involved in all aspects of the residential and commercial real estate industries

 

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

Process for Oregon Real Estate Brokers, Principal Brokers to Continue Transactions after Changing Businesses

Oregon has rules to allow principal brokers and brokers to keep working for one brokerage after switching to another 

By Jeff Sorg, OnlineEd Blog

(May 20, 2019)

(PORTLAND, Ore.) OnlineEd –  Senate Bill 67, Section 5 and rule OAR 863-014-0063 set out criteria and a process that will allow a broker or principal broker changing real estate brokerages to continue to work on a sale, exchange, purchase, or lease transaction that was started while under the supervision of the previous brokerage. The law and rule were effective back on January 1, 2018. Here are the highlights:

Transferring Brokers

Following a license transfer, a real estate broker may continue to engage in professional real estate activity on transactions that began while associated with the sending principal broker (the previous principal broker) under the following limitations:

  • If there is a fully executed contract, an active written offer or counter-offer, or a letter of intent.
  • With the client’s documented approval.
  • With a written agreement between the sending principal broker with the old business and receiving principal broker with the new business. The agreement must:
    • Identify which principal broker is responsible for supervision, including record retention.
    • Identify the transaction or transactions included.
    • State the effective date.
    • Address agency relationships.
    • Specify how compensation will be handled.
    • Be signed by sending principal broker, the receiving principal broker, and the transferring broker.

Transferring Principal Broker

Following a license transfer, a principal broker may continue to engage in professional real estate activity on transactions that began while authorized to conduct professional real estate activity for the previous registered business name under the following limitations:

  • If there is a fully executed contract, an active written offer or counter-offer, or a letter of intent.
  • With the client’s documented approval.
  • With a written agreement between the transferring principal broker and the sending principal broker from the old business. The agreement must:
    • Identify responsibilities for supervision, as appropriate.
    • Identify responsibilities for record retention.
    • Identify the transaction or transactions included.
    • State the effective date.
    • Address agency relationships.
    • Specify how compensation will be handled.
    • Be signed by the transferring principal broker and the sending principal broker.

For additional information, please view OAR 863-014-0063 in its entirety.

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

All About Easements: The Easement in Gross

The easement in gross gives the owner of the easement the right to use real property for a particular purpose

By Jeff Sorg, OnlineEd Blog

(April 9, 2019)

(PORTLAND, Ore.) OnlineEd – The easement in gross gives the owner of the easement the right to use real property for a particular purpose. An easement in gross does not attach to or benefit a parcel of land and is usually created for the benefit of a legal person such as a utility company or railroad. The important characteristic of an easement in gross is that it gives the limited right to use another’s land and it is not created for the benefit of any land owned by the owner of the easement.

The land over which the easement in gross crosses is burdened by the easement and is known as the servient tenement. Since the easement right is personal and does not benefit another parcel of land, there is no dominant tenement.

Most easements in gross are for commercial purposes, are not revocable, (the servient tenement landowner cannot revoke the easement), and can be assigned to another legal entity. Some common examples of easements in gross are sewer lines, gas lines, electric lines, cable lines, etc.

Commercial easements in gross provide for the right to cross a property with the physical cable, pipe, power line or the like, as well as the right to re-enter the property after the initial installation to perform maintenance, repairs, and updates.

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

All About Easements: The Easement Appurtenant

An easement appurtenant gives a property owner a right of usage to portions of an adjoining property

By Jeff Sorg, OnlineEd Blog

(April 5, 2019)

(PORTLAND, Ore.) OnlineEd – An easement appurtenant gives a property owner a right of usage to portions of an adjoining property owned by another party. Stated another way, an easement appurtenant is an easement over one parcel that benefits another parcel of land. The property benefiting from the usage right to travel over the easement is called the dominant tenement, or dominant estate. It is called the dominant estate because it is the parcel of real property that has an easement over another piece of property – it dominates. The property that includes the physical easement, that is, the land over which the dominant tenement can travel, is called the servient tenement since it must serve the dominant estate by providing the easement for its use.

The term appurtenant means “attaching to.” An easement appurtenant, then, attaches to the estate and transfers with it unless expressly stated otherwise. More specifically, the easement attaches as a beneficial interest to the dominant estate, and as an encumbrance to the servient estate. Accordingly, the easement appurtenant becomes part of the dominant estate’s bundle of rights and an obligation or encumbrance of the servient estate.

Transfer. Easement appurtenant rights and obligations automatically transfer with the properties, either the dominant or servient estate, whether or not mentioned in the deed.

Non-exclusive use. Both the servient tenement and dominant tenement can use the easement, provided the servient’s usage does not unreasonably obstruct the dominant’s use.


The exhibit shows a conventional easement appurtenant. The driveway marked A belongs to Parcel #2. An easement appurtenant, marked B on the diagram, allows Parcel #3 to use #2’s driveway. Parcel #3 is the dominant tenement, and Parcel #2 is the servient tenement.

Easement by necessity. An easement by necessity is an easement appurtenant legally granted by a court to a property owner because of necessity. Usually, the necessary condition that precipitates the granting of the easement is the need to provide ingress and egress to a property. Ingress means a way to travel into the property, and egress means a way to travel out of the property. Since a property cannot be landlocked and must have access to a public thoroughfare, the court will grant an owner of a landlocked property an easement by necessity over an adjoining property that already has access to a thoroughfare. When this is the case, the landlocked party becomes the dominant tenement, and the land over which the easement is granted is called the servient tenement. In the exhibit, Parcel #1, which is landlocked, owns an easement by necessity, C, across Parcel #2.

Party wall easement. A party wall is a common wall shared by two separate structures along a property boundary. Party wall agreements generally provide for severalty ownership of half of the wall by each owner, or at least some fraction of the width of the wall. Ownership in severalty means individual ownership; ownership is “severed” from all others. Also, the agreement grants a negative easement appurtenant to each owner against the other owner’s wall. A negative easement gives each party the right to restrain or control the use of the other party’s use in some way, such as unlimited use of the wall or a destructive use that would jeopardize the adjacent property owner’s building. The party wall easement also establishes responsibilities and obligations for the maintenance and repair of the wall.

Other structures that are subject to party agreements are common fences, driveways, and walkways. Common means they are shared between the properties – they are of common or shared ownership and on the property line between the affected properties.

++ Remember: A negative easement appurtenant does not allow the owner of the dominant estate to cross over the servient estate. Instead, the dominant estate has the right to restrict some activity or use of the servient estate.

(Image ©Copyright, OnlineEd, Inc. All Rights Reserved)

 

A negative easement appurtenant does not allow the owner of the dominant estate to cross over the servient estate. Instead, the dominant estate has the right to restrict some activity or use of the servient estate. Example: Developer Jovan purchased a tract of land abutting Oceanfront Lake and divided it into two parcels. Lot A is on the shoreline, and Lot B is farther back from the shore. Lot B has a good view of the lake because it is situated on higher ground that overlooks Lot A, but it is located behind Lot A and could be lost if Lot A builds a two-story house. Because Jovan wants the best price for each parcel, the view of the lake from Lot B is protected by adding a deed restriction in Lot A’s deed to limit any structure built on Lot A to a single story.

In the example above, the owner of Lot B is the owner of a negative easement appurtenant. The dominant estate, Lot B, can prohibit specific activity on Lot A, the servient estate, that could block or restrict the view of the lake. In this situation, Lot B’s owner does not have an affirmative easement appurtenant and cannot cross over the land of Lot A to reach the lake, since only the view is protected. Though not applicable to the above example, it is possible to have both an affirmative and negative easement at the same time. If an easement was created for access to the lake and to limit the height of any structure, then the owner of Lot B would have both negative and affirmative easements.

Easements appurtenant are created in these ways:

By grant or reservation – An easement created by grant or reservation is created by the express written agreement of the landowner. This is most frequently done in the deed but can be done in a separate recorded instrument. When done by grant, the owner of a property gives to someone else the easement right. When done by reservation, the owner of the property retains an easement on land conveyed to another. For example, you sell your property but keep the right to travel over the sold parcel to walk to the ocean.

By intent or necessity – The right to ingress (entry) and egress (exit) is required by law. Any property that is landlocked, meaning it has no ingress and egress, has these rights. A landlocked landowner has a right to an easement to cross the land of another to reach a public right-of-way. This type of easement available to a landlocked owner is called an easement by necessity and is outlined in Oregon Revised Statutes, specifically ORS 376. The servient estate in the easement by necessity may be entitled to compensation for the easement.

By prescription – An easement by prescription is the use of the land of another that meets these requirements;

  • Open and notorious (obvious to anyone);
  • Actual, continuous (uninterrupted for the entire required period);
  • Adverse to the rights of the true property owner;
  • Hostile (in opposition to the claim of another, not “hostile” in the ordinary sense); and
  • Continuous for a statutorily defined period (10 years in Oregon).

An easement by prescription gives the dominant tenant the right of use of the property, not ownership of the property.

By implication – An easement by implication arises out of the conduct of the parties. This means it is an implied easement, not a written easement. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when “strictly” necessary. In contrast, the easement by implication can occur when “reasonably” necessary. For example, the right lot owners have in a subdivision to use a roadway on the approved subdivision plan without requiring a specific grant or easement to each new lot.

By condemnation – The government’s right to use the land of an owner is created by the exercise of the government’s right of eminent domain. Eminent domain includes not only the right of the government to obtain an ownership interest in the property of a private owner; it also provides for the right of the government to create a use easement over the land of a private property owner to benefit the government-owned land. For example, the US Bureau of Land Management uses its power of eminent domain to create an easement of right of way over private property to access government-owned, but landlocked forestland.

Easements appurtenant can be terminated by one of these ways:

  • Release of the easement by the dominant owner
  • Merging the dominant and servient lands into one tract
  • Abandonment of the easement by the dominant owner
  • The reason the easement was created no longer exists
  • Expiration of the time for which the easement was given

©OnlineEd; All rights reserved.

 

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers, visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared, or otherwise republished.

OnlineEd® is a registered Trademark

Four Common Listing Agreements Used by Real Estate Agents

Each type of listing agreement allows an agent to market the seller’s property, but they differ when it comes to who else can market it and how the brokerage fee is earned

By Jeff Sorg, OnlineEd Blog

(April 4, 2019)

(PORTLAND, Ore.) OnlineEd – Each type of listing contract allows the real estate agent to market a seller’s property, but the agreements will differ when it comes to who else can market the property or how the brokerage fee is earned. In this post, we discuss the open, exclusive agency, exclusive right to sell, and net listings.

Open – The open listing allows the seller to employ any number of agents at the same time. However, the seller will only owe a commission to the agent who sells the property (the procuring cause of the sale). The open listing agreement also allows the seller to sell the property without owing any commission.

Procuring Cause, as defined by the National Association of REALTORS®, is “the uninterrupted series of causal events that leads to a successful transaction.” It is the way to determine disputes about who deserves a real estate commission for causing a sale. 

The open listing agreement is rarely used in residential real estate because there is little motivation for an agent to promote the property; there is no motivation to cooperate with other agents; and the agent is competing directly with the seller to find a buyer.

Exclusive agency – The exclusive agency listing gives one agent the right to sell the property, but no commission is owed if the seller sells the property. The advantage of the exclusive agency listing over the open listing is that competition from other agents for the listing contract is eliminated. However, the listing agent is still competing with the seller when selling the property and is at a disadvantage because the seller can sell the property for less than the broker, and no commission has to be paid to the agent.

Exclusive right to sell – With the exclusive right to sell listing, the seller employs just one agent. The agent earns their commission if the property is sold by another agent, the seller, or the listing agent.

This is the most used type of listing agreement in residential real estate brokerage. Because the listing agent is assured of a commission if the listing sells during the term of the agreement, the agent is likely to spend time, money, and other resources necessary to market the property, thereby resulting in a more timely sale for the seller. With the exclusive right to sell listing, the agent earns the fee when a ready, willing and able buyer is produced who meets the agreed upon terms of sale stated in the listing agreement, whether or not the seller accepts such an offer.

The exclusive right to sell listing agreement also usually contains a due diligence clause. A due diligence clause requires the principal broker to exercise due diligence in attempting to locate a buyer for the property. The agreement will also include a clause that requires the seller to pay the fee if the property is sold to anyone introduced to the property during the listing period, even after the listing has expired. The period for which this fee is due after the listing expires is negotiated with the seller and becomes a part of the contract at the time of the listing agreement. The purpose of the clause is to prevent a buyer who was introduced to the property during the listing period from purchasing the property directly from the seller minus any commission due to the listing agent.

Net – A net listing is a listing agreement that allows the listing agent to keep everything over the minimum (net) price set by the seller, however, there wouldn’t be any fee owed to the agent if the seller sold for the net amount. Some states and many brokerages do not allow the net listing, and its use is discouraged even in states where it is legal because of its potential for misuse.

 

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult an appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

Oregon Requires New Course for First Principal Broker License Renewal

 

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Oregon Principal Broker Advanced Practices – Required for the first renewal of a principal broker license

If your principal broker license expiration date is after July 1, 2019, and you will be renewing your active license for the first time, you will have to take the 27-hour Principal Broker Advanced Practices course.  If your first principal broker license renewal was in inactive status and you want to reactivate it for the first time on or after July 1, 2019, you will have to take the 27-hour Principal Broker Advanced Practices course.

The 3-hour Law and Rule Required Course (LARRC) is also required to renew or reactivate your license. Except for LARRC, if you already have taken regular continuing education, it will not count if you are renewing active for the first time, or if you are reactivating after an inactive first renewal, on or after July 1, 2019.

If you didn’t know of this new requirement, and you erroneously completed regular continuing education through OnlineEd for your first principal broker license renewal, you may qualify to have your previous purchase credited toward the cost of Principal Broker Advanced Practices. Give us a call at 503.670.9278 for details or assistance with enrollment.

 

Available ONLY at OnlineEd!

Just $229.00 and Law and Rule Required Course is included for FREE

Sign up NOW! Get started TODAY!

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

IMPORTANT DEADLINE FOR REALTORS® – Get Your Ethics Course Completed!

The National Association of REALTORS® has moved their Code of Ethics requirement to a 2-year cycle ending December 2018.

By Jeff Sorg, OnlineEd Blog

(November 8, 2018)

(PORTLAND, Ore.) OnlineEd – REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time within two-year cycles. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®. This current cycle began on January 1, 2017, and ends December 31, 2018.  Training must be repeated each cycle to help all members understand and follow NAR’s Code of Ethics and Standards of Practice.

OnlineEd has courses approved in many states to be used to satisfy the NAR requirement and for continuing education for license renewal. These courses emphasize the standards of ethical conduct in the practice of real estate based on the National Association of Realtors® Code of Ethics and Standards of Practice and on federal and state laws governing conduct applicable to the practice of real estate.

For more information about OnlineEd course offerings, please view the course catalog for your state at www.OnlineEd.com.

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OnlineEd blog postings are the personal opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

Oregon Real Estate Agency Requires Principal Broker Advanced Practices Course

Principal brokers with a license expiration date after July 1, 2019, renewing a for the first time must take the 27-hour Principal Broker Advanced Practices course.

By Jeff Sorg, OnlineEd Blog

(November 2, 2018)

(PORTLAND, Ore.) OnlineEd – Principal brokers with a license expiration date after July 1, 2019, who will be renewing their active license for the first time, will have to take the 27-hour Principal Broker Advanced Practices course. If the first principal broker license renewal was in inactive status and the principal broker wants to reactivate it for the first time on or after July 1, 2019, they will have to take the 27-hour Principal Broker Advanced Practices course. The 3-hour Law and Rule Required Course (LARRC) is also required to renew or reactivate the license. Except for LARRC, if the principal broker already completed regular continuing education, it will not count if for renewing active for the first time, or if reactivating after an inactive first renewal, on or after July 1, 2019.

Exclusively for OnlineEd customers who completed their regular continuing education with OnlineEd during their first Principal Broker license renewal cycle who cannot use that education for their renewal, they may qualify with OnlineEd to have their previous purchase credited against the $229 price of the OnlineEd 27-hour Principal Broker Advanced Practices course.

Law and Rule Required Course (LARRC) is another 3-hour course that is required for all license renewals. Together, Principal Broker Advanced Practices and Law and Rule Required Course will complete the required 30-hours of education needed to renew a principal broker license. Law and Rule Required Course is free at OnlineEd to all Oregon real estate licensees, whether property manager, broker or principal broker.

The Oregon Real Estate Agency has eight required course categories for Principal Broker Advanced Practices. These topics are:

Module 1: Brokerage Practices, covering business registration and planning
Module 2: Supervising and Managing Real Estate Licensees
Module 3: Affirmative Duties of Agent and Agency Relationships
Module 4: Advertising Rules
Module 5: Property Management
Module 6: Clients’ Trust Accounts
Module 7: Records and Record Maintenance
Module 8: Professional Real Estate Activity

The OnlineEd course divides each topic into smaller learning segments that cover specific facts, information, and details. Each module is populated with learning assessments to help learners comprehend presented information and a 60-question final exam at the end of the course. As with any Oregon continuing education course, Principal Broker Advanced Practices is required to be time-monitored. Once the learner completes all course elements and has spent the minimum necessary time logged into the course, the course final exam is made available. The final exam is not timed, requires a minimum passing score of 75%, and can be taken as many times as necessary to achieve a passing score. After successfully completing the final exam for this 27-hour course, a course completion certificate is generated. This certificate should be printed and kept by licensees in their education files as proof of meeting the OREA-required first-time renewal education course. You are not required to send this certificate to the Agency but must have it available for the Agency for three years after it is used for license renewal.

To sign up for the OnlineEd Principal Broker Advanced Practices course, please visit the OnlineEd web site.

 

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

Oregon Construction Contractors Board Conducts Sting Operation

Oregon CCB investigators turn up 32 alleged violations along Oregon’s North Coast.

By Jeff Sorg, OnlineEd Blog

(June 28, 2018)

(Portland, Ore.) OnlineEd – The Oregon Construction Contractor Board (CCB) reported in a recent release that it had joined in a 10-state sweep to find unlicensed contractors and other alleged violations of contracting regulations. The National Association of State Contractor Licensing Agencies (NASCLA) coordinated the sweep.

The Oregon CCB has reported it found more than a dozen unlicensed contractors during its surprise visits to 157 job sites located along the northern Oregon Coast from Newport to Astoria. Oregon reported a total of 32 alleged violations, with the largest number involving individuals who were working on home improvement projects without a CCB contractor license, including contractors that hired unlicensed subcontractors or worked on homes built before 1978 without the required Lead-Based Paint Renovation license. The CCB says it is in the process of sending Notices of Intent to issue civil penalties to the suspected violators. Also, the CCB has notified the state revenue and employment departments of employers who are suspected of paying employees “under the table” for their work.

“These concentrated enforcement efforts highlight the work our individual field investigators do every day to protect consumers from unlicensed contractors and to level the playing field for legitimate contractors,” Lead Investigator Eric McLauchlin said.

“Contractor licensing qualifying education is very affordable,” says Jeff Sorg of OnlineEd, a CCB approved online contractor pre-licensing course provider. “It takes just 16-clock hours of study to meet the educational requirement to sit for the CCB licensing exam, so it doesn’t make a lot of sense to risk getting those hefty civil penalties for not having a license,” he added.

 

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OnlineEd blog postings are the personal opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed. For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

OnlineEd® is a registered Trademark

Licensed Personal Assistants for Oregon Real Estate Brokers

Only a principal broker can hire a licensed personal assistant

Oregon Real Estate Licensed Personal AssistantWhile a licensed personal assistant (PA) can carry out the same activities as the employing principal broker, the principal broker should enter into a written agreement with the PA defining the direct supervision and control that the principal broker will have over the assistant.

The compensation program for a licensed PA can be a salary, commission, or a combination of both, just so long as the agreement has authorized the method. The company must also have a written office policy for the supervision and control of a licensed personal assistant and enter into written agreements with all principal brokers who employ licensed personal assistants.

The written agreement between an employing principal broker and a licensed personal assistant should include the following:

  • The name of the real estate business;
  • The parties to the agreement;
  • The duration of the agreement and a provision for its termination;
  • The employment status of the licensed personal assistant;
  • The name of the principal real estate broker(s) with whom the licensed personal assistant is associated, with reference to written office policies and agreements establishing supervision and control of the licensed personal assistant;
  • The duties and responsibilities of the licensed personal assistant, including any limitations on their ability to represent clients on behalf of the principal broker;
  • The manner and means by which the licensed personal assistant is to be compensated, including reference to any principal broker authorization; and if necessary
  • In all instances, a provision that a licensed personal assistant shall have the same agency relationships with clients as the principal broker.

Only a principal broker can hire a licensed personal assistant.

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OnlineEd blog postings are the author’s personal opinion and are not intended as legal advice. Be sure to consult the appropriate party when professional advice is needed. For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers, visit www.OnlineEd.com.