Posts by Elliott Caplan

I represent a buyer who was already out of attorney review and the seller’s attorney has tried to void our contract and accept a contract for another buyer. In addition he has deposited our deposit monies of 19,000. into his trust account. My buyer has initiated suit claiming specific performance against the sellers and has [...]

Read More... from Ask Elliott #34 Protect Commission While Buyer & Seller Litigate

What are the requirements for continuing education for a New Jersey Realtor for 2010? [...]

Read More... from Ask Elliott #33: Continuing Education Requirements

How do you get on the list of agents/agencies to list REO properties in Monmouth County? Do you need special designations? [...]

Read More... from Ask Elliott # 32: How do I get REO listings?

I showed my buyers a listing that showed only a short history. When I looked up all prior history on MLS showed it had been listed for over a half a year, sold and bom, then expired then relisted as a totally new listing. My clients saw it and liked it. The listing agent was [...]

Read More... from Ask Elliott #31: Non Disclosure Cost Buyer $8,000

My email signature does not have my office phone number. I know that on all advertisements the office phone number is required. I only use this signature if I’m corresponding with a client, NOT if I’m sending out blast emails (something that in my opinion would be considered an advertisement). So my question is, would [...]

Read More... from Ask Elliott #30: Advertising Phone Number

Home is being sold “As Is” This is an estate sale. FYI…The owner took his life 1 year ago in the home. Easy to show. LOCKBOX WILL GO ON WED 5//19/10 if you want to see before. Elliot.is this against real estate commission rules? [...]

Read More... from Ask Elliott #29: Psychological Disclosures

Elliott, Do you know if the Freddie Mac 4/12/2010 Fraud Investigation Newsletter is “Official” policy of Freddie Mac? If so, do you see “Flipping” by investors, via short sales, becoming “illegal”, as some are saying? Thank you. [...]

Read More... from Ask Elliott #28: Short Sales & Freddie Mac

I have an agent who owns a condo on the second floor and she is getting ready to list it for rent. She does not want to install window guards as: 1) They are very costly because some of the windows are very large and was told @ $50-$75.00 per window 2) The smaller windows [...]

Read More... from Ask Elliott #27: Window Guards

Can a Broker pay an agent a salary to perform a service, for example, Information Technology Manager as an employee, and then also pay the agent commissions on an independent contractor basis for Real Estate Sales? [...]

Read More... from Ask Elliott #26: Salary & Commission for Two Jobs

Agent representing seller has an offer and the seller counter offers. A second offer comes in from another buyer, better than the counteroffer to the first buyer. The first buyer still hasn’t responded to the original counter offer. Does the counteroffer have to be withdrawn prior to accepting the second offer? What is the procedure? [...]

Read More... from Ask Elliott #25: Withdrawing a Counter Offer