Chapter 5 Flashcards
Government land….
Govt land use controls include planning, zoning, building codes, public health ordinances and environmental protection laws. Do not confuse police power of government with eminent domain. An exercise of police power does not involve condemnation of the land, and does not entail an obligation to provide just compensation.
Title VIII
Title VIII of the Federal Civil Rights Act of 1968 known as the Federal Fair Housing Act, made it illegal to discriminate in the sale or rental of a residence because of race, color, religion, or national origin. Sex, familial status and handicapped were later added by amendments.
Handicapped
Handicapped includes, but is not limited to, defects in sight or hearing, the mentally ill, those that are wheelchair bound and those who are suffering from alcoholism, cancer or AIDS. Although the act does not include current users of illegal drugs, it does include recovering drug addicts. The act will not protect any person who poses a direct threat to the health, safety or property of others.
Federal Fair Housing Law
The Federal Fair Housing Law specifically makes it unlawful to indicate any preference or limitation based on a protected category.
DO-NOT-CALL REGISTRY
Calls where a business relationship already exists. In such a case, a call may be placed for up to 18 months since the last transaction. Business relationships must be formed through voluntary mutual communication and may exist with or without payment. An agent whose listing has expired may call the seller for up to 18 months after expiration. A client relationship is not required for the exception to apply.
CAN-SPAM Act Requirements
False or misleading header info is prohibited.
A valid physical postal address must be included.
The subject line must be accurate.
There must be a clear indication that the transmission is an advertisement or solicitation unless the recipient has previously given consent.
Commercial email must provide a clear and conspicuous “opt-out” provision. The unsubscribe link must be active for 30 days and the “opt-out” request must be honored within 10 business days.
Sherman Anti-Trust Act …. Protects against monopolistic practices
Brokers who conspire to fix commission rates, commission splits to cooperating brokers, or any other terms or conditions of brokerage engagements
Tie-in contracts
“Tie-in” contracts: the sale of the first (desired) product or service is tied to the purchase of a second (less desirable) product or service. The seller must have sufficient economic power (lack of competition) to force the tie in.
