Real Estate Broker’s Liability in Residential Real Estate Transactions

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Wednesday, April 26, 11:00 a.m.–1:00 p.m. ET
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Thursday, June 15, 11:00 a.m.–1:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 Pending
Live-Interactive Credit: 2.0 Pending (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 2.0 Real Estate Law (Designations Information)
Title Agent Credit: 2.0 (2.0 Title) - Webcast Only
Registration Fees: Webcast: $159
Telephone: $179

Information

Why Attend?

  • Understand what causes of action are available to an injured buyer under principles of agency, contract, and tort law against the seller’s real estate broker in a residential real estate transaction
  • Learn about the key statutes governing broker and agent liability, including Virginia Code § 54.1-2130 et seq., the Virginia Residential Property Disclosure Act (“VRPDA”)
  • Review the basic structure of the residential real estate transaction, including concepts such as caveat emptor and terminology such as “listing broker,” “cooperative broker,” “designated agent,” and “dual agent”
  • Examine the standard NVAR contracts like the Exclusive Right to Represent Buyer Agreement, and the Exclusive Agency Listing Agreement, and how agency law concepts like fiduciary duty apply to real estate brokers and agents
  • Discover developments in the interpretation of Virginia Code § 54.1-2130 et seq. governing the liability of brokers and agents
  • Understand the basic tort actions available to the buyer against the seller’s real estate broker, including fraud based on intentional versus negligent misrepresentation, breach of fiduciary duty, and negligence

What is the liability of a real estate broker or agent to the buyer in residential real estate transactions? The complexity and lack of clarity surrounding this issue has been the subject of much dissension and debate among Virginia courts and legal scholars alike. The program presenters will focus on clarifying Virginia law in this respect, providing practical advice and helpful tips when representing real estate brokers and agents supplying brokerage services in Virginia, as well as a harmonizing analysis of the key case law interpreting Article 3 (Duties of Real Estate Brokers and Salespersons) of Chapter 21 of title 54.1 of the Virginia Code.

Attendees will obtain a good understanding of how the legal framework under agency, contract, and tort law applies to the residential real estate brokerage industry, including concepts such as Listing Broker, Cooperative Broker, Designated and Dual Agency, the core areas of dispute among courts when interpreting key statutes like § 54.1-2130 et seq., and the analytical insights to be derived from the case law interpreting such statutes. This will help attendees be able to represent their clientele in the real estate brokerage industry much more effectively.

Scheduling Note: While the option to attend the program in person at the Bobzien-Gaither Education Center in Richmond on April 26 is no longer available, both the live-interactive webcast and telephone presentations for that date will held as scheduled.

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (April 26) (Eastern Time)

11:00 Real Estate Broker’s Liability in Residential Real Estate Transactions
1:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (June 15) (Eastern Time)

11:00 Real Estate Broker’s Liability in Residential Real Estate Transactions
1:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Terry Fox, Fox & Moghul, Attorneys at Law / Fairfax
Faisal Moghul, Fox & Moghul, Attorneys at Law / Fairfax

ABOUT THE SPEAKERS

Terry Fox, Fox & Moghul, Attorneys at Law / Fairfax

As the recipient of the prestigious Virginia Real Estate Attorney of the Year award in 2022, Terry Fox has over two decades of experience representing developers, real estate brokers, community association boards, title companies, and commercial landlords as well as tenants on a full range of complex real estate matters, including commercial property acquisition, disposition, development and leasing, complex lien and title disputes, land use and zoning, mortgage fraud, residential and commercial purchase and sale contract disputes, construction/contractor (Classes A, B, and C) disputes, easement/boundary line and adverse possession issues, partition and allotment actions, plat modifications, and HOA-related disputes. As a licensed settlement agent, Mr. Fox has noted expertise in title disputes, and his previous Continuing Legal Education Seminars (CLEs) on this topic have received national recognition. Mr. Fox’s sophistication in this subject matter is reflected in the fact that he has handled more than 3,000 commercial real estate transactions for multinational entities like Exxon Mobil Corporation.

Faisal Moghul, Fox & Moghul, Attorneys at Law / Fairfax

As a widely published author on various real estate law issues, Faisal Moghul has extensive experience representing developers, brokers, landlords, title companies, investors, general and subcontractors, and community association boards on a variety of complex matters at the intersection of business and real estate law. His litigation practice encompasses NVAR contract disputes, easements and boundary line disputes, construction suits, as well as derivative litigation and other business torts such as fraud and breach of fiduciary duty cases. In 2021, he was inducted into the elite group of America’s Top 100 Civil Defense Litigators, in addition to being rated as one of the “Super Lawyers Rising Stars” since 2016.

Locations, Dates and Fees

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