The 2004 addenda and clause system has been updated to:

• Eliminate paragraphs now covered by the Real Estate Commission's form system;
• Eliminate language which was no longer consistent with the new F rules;
• Adjust paragraph and form references to the new Real Estate Commission forms;
• Add a new provision which accelerates resolution of any title dissatisfaction by the buyer to some date earlier than the closing date; and
• Add a new Notice to Seller form addressing buyers' needs to notice seller about things not covered by the Real Estate Commissions Inspection Notice (such as a buyers' inability to obtain a loan or title issues).

With the 2004 package, you receive:

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By Jonathan A. Goodman

Question #1: My company does not permit cold calling. Do I still need to have a written policy addressing the Do Not Call regulations?

Answer:   Not if you are a one person company. If you have licensees working under you, they may violate your prohibition. Employing brokers need a written policy to create a safe haven insulating the company and employing broker from the mistakes of the associated brokers. The FTC may assess fines of up to $11,000 per call for rule violations. Regardless of the integrity of a company's broker associates, the rules restricting calls to past clients make it easy to inadvertently violate the regulations. Improper calls might be made to your competitors or no call activists, enhancing the likelihood of a complaint.

Subject to the exceptions discussed below, neither licensees, there employees, or anyone acting on their behalf ("solicitors" in this article) may initiate a telephone call or message for the purpose of encouraging the purchase of, rental of, or investment in, property, goods, or services, made to any person. Examples of telephone solicitation are calls soliciting seller listings, buyer listings, and tenant listings. There are three main exceptions to the general rule.

First, solicitors may call any person with whom the Company has an established business relationship. Under the Federal rules, an established business relationship means either of the following:

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This publication is intended to provide accurate and authoritative information on the subject matter covered. It is distributed with the understanding that the publisher and distributor are not rendering legal, accounting or other professional service, and assume no liability in connection with its use. Copyright © 2004.

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• 2004 Colorado Residential Contract Addenda Update
• No Call List and Money Laundering
• Legal Rights of Stepparents
• How to Breach a Listing Agreement Without Even Trying - Tips on Avoiding Contract Breaches

By Gregg A. Greenstein

The title of this article may seem like an oxymoron. However, stepparents do have some rights under Colorado law.

Following a divorce, a parent may resent his or her ex-spouse's new husband or wife - and try to limit what the stepparent can do in the children's lives. Other times, following the death of a parent, a remarried parent may have interference from the family of the deceased parent, as the new stepparent tries to take an active role in the children's lives. Due to some recent changes in Colorado law, stepparents have some limited, new legal rights. Additionally, stepparents have some other rights that are long-established under Colorado law.

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Reprinted from REALTOR® Magazine http://www.realtor.org/realtormag by permission of the NATIONAL ASSOCIATION OF REALTORSή Copyright 2004. All rights reserved.

Question: What are the main forms of contract breach in real estate?

Frascona: In real estate, contract breaches can occur in the property listing agreement between the broker and the seller or in the sales contract between the buyer and the seller.

Q: How might a broker breach a listing agreement?

Frascona: A broker or sales associate could violate a listing agreement by failing to advertise a property as agreed. By keeping a listing in-house, even for a short while, instead of placing it with the MLS or refusing to work with a cooperating agent, a broker isn't fulfilling the fiduciary responsibility to the seller. This is the most common breach of a listing agreement.

Another typical breach occurs when a listing agent discloses confidential information about the sellerס divorce, financial problems, and the like. It may be unintentional, arising from a simple conversation between two sales associates, but it is still a breach of fiduciary duty because it benefits the buyer and creates an undisclosed dual agency.

Even delaying the presentation of an offer could breach a broker's fiduciary duty under the listing agreement.

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