Real Estate Broker’s Liability in Residential Real Estate Transactions (On Demand Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit:	2.0 (Ethics: 0.0)
Live-Interactive Credit:	0.0
Designation Credit:	2.0 Real Estate Law (Designations Information)
Price:	$149 (Includes a downloadable audio version.)
Viewable Through:	04/30/2026

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Schedule
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Locations, Dates and Fees

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A pre-recorded streaming VIDEO replay of the April 2023 webcast, Real Estate Broker’s Liability in Residential Real Estate Transactions.

Topics Covered

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 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.

Viewers 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 helps viewers be able to represent their clientele in the real estate brokerage industry much more effectively.

Schedule

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.