FOURTH EDITION

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Real Estate Brokerage Essentials®: Navigating Legal Risks and Managing a Successful Brokerage, Fourth Edition is NAR’s risk-management handbook for brokers. Created by the NAR Legal Team, with a foreword by NAR General Counsel Katie Johnson, it explains the legal issues brokerages face most often and gives you the tools to build office policies and train your agents around them.

15 Chapters on the Risks Brokers Face

1. Workplace Law and Office Policies: anti-discrimination and employment laws, sexual harassment, privacy and safety policies
2. The Independent Contractor in Real Estate: the written agreement, employee vs. contractor classification, tax responsibilities
3. Licensing Issues: teams, property management, license portability, real estate assistants
4. Agency/Brokerage Relationships with Consumers: fiduciary duties and creating a firm policy
5. Antitrust and the Real Estate Brokerage Firm: price-fixing, group boycotts, MLS policies
6. Fair Housing: advertising, disability, familial status and building a compliance program
7. Misrepresentation and Failure to Disclose: reducing liability and seller property condition disclosure
8. Intellectual Property, Technology and the Law: copyright, trademarks and patents
9. Data Security and Privacy: Do Not Call, CAN-SPAM, fax rules and data security best practices
10. Emerging Risk Management Issues: drones and money laundering
11. Use of Other Professionals and RESPA: referrals, home inspectors, home warranties
12. Insurance, including what to do when there is a claim
13. Internal Complaint-Handling Procedures
14. Alternative Dispute Resolution: using mediation and arbitration in your firm
15. Litigation: the process and selecting legal counsel

Built for Training Your Office

• 7 training modules with talking points and situational questions and answers for sales meetings
• 5 checklists: tax responsibilities, equal services, information inventory, E&O insurance policy review and mediation clauses
• Sample forms and policies, including a sample sexual harassment policy and sample agency policies, some contributed by state associations of REALTORS®
• Case summaries showing how courts have ruled on the issues in each chapter

Who It’s For

• Brokers and broker-owners
• Managing brokers and office managers
• Anyone responsible for office policies, compliance or agent training

Frequently Asked Questions

Who created it?
The NAR Legal Team, with a foreword by NAR General Counsel Katie Johnson.

Can I use it to train my agents?
Yes. Seven chapters end with a training module that includes talking points and situational questions and answers.

Are the sample forms ready to use as-is?
No. The sample forms are offered for informational purposes. Check your state and federal law, and talk to your counsel, before you adopt any standard form.

Is there a digital version?
Yes. Real Estate Brokerage Essentials® – Download is available for instant access.

Item #126-359.